HomeMy WebLinkAbout2021/09/15 - Regular Meeting Agenda PacketMayor
L. Dennis Michael
Mayor Pro Tem
Lynne B. Kennedy
Members of the City
Council:
Ryan A. Hutchison
Kristine D. Scott
Sam Spagnolo
CITY OF RANCHO CUCAMONGA
REGULAR MEETING AGENDA
September 15, 2021
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
FIRE PROTECTION DISTRICT BOARD – CITY COUNCIL
HOUSING SUCCESSOR AGENCY SUCCESSOR AGENCY – PUBLIC
FINANCE AUTHORITY
CLOSED SESSION TRICOMMUNITIES ROOM 4:30 P.M.
REGULAR MEETINGS COUNCIL CHAMBERS 7:00 P.M.
The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in the
Council Chambers located at 10500 Civic Center Drive. It Is the Intent to conclude the meeting by 10:00
p.m. unless extended by the concurrence of the City Council. Agendas, minutes, and recordings of
meetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 9097742023. Live
Broadcast available on Channel 3 (RCTV 3).
CLOSED SESSION – 4:30 P.M.
TRICOMMUNITIES ROOM
ROLL CALL: Mayor Michael
Mayor Pro Tem Kennedy
Council Members Hutchison, Scott, and 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
D1.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), TEAMSTERS
LOCAL 1932, RANCHO CUCAMONGA MANAGEMENT ASSOCIATION, EXECUTIVE MANAGEMENT
GROUP, RANCHO CUCAMONGA FIREFIGHTERS LOCAL 2274, FIRE SUPPORT SERVICES AND
FIRE MANAGEMENT EMPLOYEES GROUP – (CITY/FIRE)
D2.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH
(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: HIMNEL USA, INC. d/b/a ST.
MARY'S MONTESSORI SCHOOL AND GLOBAL PROPERTY HOLDINGS LLC VS. CITY OF
RANCHO CUCAMONGA, SBSC CASE NO.: CIVDS 2014554. – (CITY)
D3.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH
(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: PEPE’S INC. V. CITY OF
RANCHO CUCAMONGA, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF
CALIFORNIA, CASE NO. 5:20CV02506JGBSP – (CITY)
D4.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 12467 BASE LINE ROAD IDENTIFIED AS PARCEL
NUMBERS 1090331030000, 1090331040000, 1089581040000; NEGOTIATING PARTIES JOHN
GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND
JOSEPH FILIPPI, JOSEPH FILIPPI WINERY AND VINEYARDS; REGARDING PRICE AND TERMS.
– (CITY)
D5.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY GENERALLY LOCATED ALONG THE WEST SIDE OF THE SAN
SEVAINE CHANNEL, PARALLEL TO TORREY PINE COURT, FURTHER IDENTIFIED AS SAN
BERNARDINO COUNTY TAX ASSESSOR’S PARCEL NUMBER 022804424; NEGOTIATING
PARTIES, JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO
CUCAMONGA, AND CHAO PING YANG, PROPERTY OWNER, REGARDING A PERMANENT
EASEMENT FOR MULTIUSE PATH PURPOSES. – CITY
D6.CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATION
PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION
54956.9: 1 CASE INVOLVING RJM DESIGN GROUP, TOVEYSCHULTZ CONSTRUCTION, INC.,
AND OTHER PARTIES ARISING OUT OF ALLEGED DESIGN AND CONSTRUCTION DEFECTS AT
THE RC SPORTS CENTER – CITY
D7.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 8783 ETIWANDA AVENUE/12949 WHITTRAM AVENUE,
FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER
022916214; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND,
PACIFIC AND CUTLER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND KULAR
TRUCK LINE, INC., OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING
PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET
FORTH ABOVE. – CITY
D8.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 9333 ETIWANDA AVENUE, FURTHER IDENTIFIED AS
SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916223; NEGOTIATING
PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,
REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,
OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE.
NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH
ABOVE. – CITY
D9.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 8949 ETIWANDA AVENUE, FURTHER IDENTIFIED AS
SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916222; NEGOTIATING
PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,
REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,
OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE.
NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH
ABOVE. – CITY
E. RECESS – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the Council
Chambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California.
REGULAR MEETING – 7:00 P.M.
COUNCIL CHAMBERS
PLEDGE OF ALLEGIANCE
ROLL CALL:Mayor Michael
Mayor Pro Tem Kennedy
Council Members Hutchison, Scott, and Spagnolo
A. AMENDMENTS TO THE AGENDA
B. ANNOUNCEMENT / PRESENTATIONS
B1.Presentation of Certificate of Recognition Recognizing Delaney Spaulding, Team USA Softball
Olympian and Rancho Cucamonga Resident.
B2.Presentation of Proclamations of Recognition to Library Board of Trustees Members Luella G.
Hairston, Esq. and Mary Hannah, and Library Foundation Director Heidi Soehnel for Their Service to
the Rancho Cucamonga Public Library.
B3.Presentation of a Proclamation Proclaiming the Month of September as Suicide Prevention Month.
C. PUBLIC COMMUNICATIONS
Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor
Agency, and Public Finance Authority. This is the time and place for the general public to address
the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing
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 Financing 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 Financing 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 noncontroversial. They will be acted
upon without discussion unless an item is removed by Council Member for discussion.
Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and
Public Finance Authority and may act on the consent calendar for those bodies as part of a single motion with
the City Council consent calendar.
D. CONSENT CALENDAR
D1.Consideration of Meeting Minutes for the Regular Meetings of July 21, 2021 and Special
Meeting of September 1, 2021.
D2.Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of
$1,834,980.73 and City and Fire District Weekly Check Registers (Excluding Checks Issued to
Southern California Gas Company) in the Total Amount of $6,633,672.06 Dated August 23,
2021 Through September 06, 2021. (CITY/FIRE)
D3.Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to
Southern California Gas Company in the Total Amount of $677,663.21 Dated August 23, 2021
Through September 06, 2021. (CITY/FIRE)
D4.Consideration of Reimbursement for the Etiwanda/San Sevaine Area Master Plan Drainage
Improvements Program for Fiscal Year 2020/2021 and an Appropriation of $5,394 from the
Etiwanda/San Sevaine Drainage Fund (Fund 116). (CITY)
D5.Consideration to Approve an Amendment to a Special Services Agreement between the City
of Rancho Cucamonga and Liebert Cassidy Whitmore, a Professional Law Corporation. (CITY)
D6.Consideration of a Professional Services Agreement with Dapeer Rosenblit Litvak, LLP for
Legal Services Related to the Municipal Code and Other Civil Matters. (CITY)
D7.Consideration of an Improvement Agreement Extension for Case No. DRC201800430,
Located East of Vineyard Avenue North of 8th Street, Submitted by Richard Collins Jr. (CITY)
D8.Consideration to Accept as Complete, File a Notice of Completion, and Authorize Release of
Retention, and Bonds for the School Crosswalk Improvements Project, Contract No. 2021054.
(CITY)
D9.Consideration to Accept as Complete, File the Notice of Completion and Authorize Release of
Retention and Bonds for the Hellman Avenue Sidewalk Improvements and ADA Ramps at
Various Locations, Contract No. 2021053. (CITY)
D10.Consideration to Accept Public Improvements Located in the Village Commercial (VC) District
of the Victoria Planned Community, South of Attwood Court and West of Victoria Park Lane,
Related to Case No. DRC201700889, as Complete, File the Notice of Completion, and
Authorize Release of Bonds. (CITY)
D11.Consideration of a Resolution to Set Residential Bear Resistant Container Solid Waste Rate
Within the City of Rancho Cucamonga. (RESOLUTION NO. 2021099) (CITY)
D12.Consideration of a Resolution Approving an Amendment to the Rancho Cucamonga City
Employees Association Salary Schedule for Fiscal Year 20212022, Including the Addition of
Supervising Traffic Systems Specialist Classification. (RESOLUTION NO. 2021105) (CITY)
D13.Consideration of the Improvement Agreement and Improvement Securities for Street
Improvements, Order Annexation to Landscape Maintenance District No. 3B, Street Light
Maintenance Districts Nos. 1 and 6 for Case No. DRC202000026, Located at the Southwest
Corner of 6th Street and Hyssop Drive. (RESOLUTION NO. 2021101), (RESOLUTION NO.
2021102), (RESOLUTION NO. 2021103) (CITY)
D14.Consideration of Resolutions of the Board of Directors of the Rancho Cucamonga Fire
Protection District, Rancho Cucamonga, California, Amending Resolutions FD 2021009,
2021010, and 2021011, and Approving Covenants and Restrictions for Real Property
Pursuant to Government Code Section 54233.5. (RESOLUTION NOS. FD 2021029, FD
2021030 AND FD 2021031) (FIRE)
D15.Consideration to Adopt a Resolution Approving Side Letter Agreements between the City of
Rancho Cucamonga and City Bargaining Units, Including a PartTime City Employee Benefit.
(RESOLUTION NO. 2021104) (CITY)
D16.Consideration to Adopt a Resolution Approving a Side Letter Agreement Between the Rancho
Cucamonga Fire Protection District and Fire District Bargaining Units, Including a PartTime
Employee Benefit Update. (RESOLUTION NO. FD 2021028). (FIRE)
D17.Consideration of an Amendment to the Agreement for Professional Services with SMGRancho
Cucamonga Premier Food Services LLC for Comprehensive Event and Meeting Sales,
Management, Catering, and Concession Services for Certain Spaces at the Victoria Gardens
Cultural Center and Lewis Family Playhouse. (CITY)
D18.Consideration to Approve Amendment No. 001 to Contract No. 18121 with KWall, LLC. for
Additional Website Development. (CITY)
E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION
E1.Consideration of Second Reading and Adoption of the Following:
Ordinance No. 983
An Ordinance of the City Council of the City of Rancho Cucamonga, California, Adopting Municipal Code Amendment
DRC202100281 to Amend Table 17.26.0201, Section 17.30.030, Table 17.30.0301, and Section 17.36.030 of the
Rancho Cucamonga Municipal Code to Establish Three New Zoning Districts and Adopt Associated Development
Standards and Permitted Uses for Each New Zoning District, Adopting Zoning Map Amendment DRC202100283 to
Rezone Certain Parcels as Set Forth Herein, Adopting an Addendum to the General Plan Program Environmental
Impact Report Pursuant to the California Environmental Quality Act, and Making Findings in Support Thereof
Ordinance No. 984
An Ordinance of the City Council of the City of Rancho Cucamonga, California, Approving Planned Community
Amendment DRC202100284 to Amend the Terra Vista Planned Community to Rezone 13 Parcels to the New Urban
Corridor Zoning District, Adopting an Addendum to the General Plan Program Environmental Impact Report Pursuant
to the California Environmental Quality Act, and Making Findings in Support Thereof
Ordinance No. 985
An Ordinance of the City Council of the City of Rancho Cucamonga, California, Adopting Planned Community
Amendment DRC202100285 to Amend the Victoria Planned Community to Rezone Six Parcels Within the Specific
Plan to the New Urban Center Zoning District, Adopting an Addendum to the General Plan Program Environmental
Impact Report Pursuant to the California Environmental Quality Act, and Making Findings in Support Thereof
F. ADMINISTRATIVE HEARING ITEM(S)
G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICT
G1.8:00 P.M. TIME CERTAIN PUBLIC HEARING #1 Consideration of City Council Election District
Boundaries, to Include Discussion Regarding the Redistricting Process, Review of Permissible
Criteria to be Considered to Redraw City Council Election District Boundaries, and Receiving Public
Input on Communities of Interest and Potential District Boundaries. (CITY)
G2.Consideration to Approve the Community Development Block Grant (CDBG) Program Year 2020
2021 Consolidated Annual Performance and Evaluation Report (CAPER). (CITY)
G3.Consideration of a Resolution to Create a Residential Permit Parking District on Estacia Street,
Elmhurst Avenue, Stafford Street, Dorset Court, Effen Street, and Cambridge Avenue Between
Hermosa Avenue and Ramona Avenue Pursuant to Municipal Code Section 10.50. (RESOLUTION
NO. 2021100) (CITY)
H. CITY MANAGER'S STAFF REPORT(S)
H1.Consideration of a Resolution Proclaiming October 6, 2021, as California Clean Air Day.
(RESOLUTION NO 2021098) (CITY)
I. COUNCIL BUSINESS
I1.Consideration of Santa Tour Activities for 2021. (CITY)
I2.COUNCIL ANNOUNCEMENTS
(Comments to be limited to three minutes per Council Member.)
I3.INTERAGENCY UPDATES
(Update by the City Council to the community on the meetings that were attended.)
J. CITY ATTORNEY ITEMS
K. IDENTIFICATION OF ITEMS FOR NEXT MEETING
L. ADJOURNMENT
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
twentyfour (24) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho
Cucamonga, California; 12505 Cultural Center Drive, Rancho Cucamonga, CA, 91739; and on the City's website.
LINDA A. TROYAN, MMC
CITY CLERK SERVICES DIRECTOR
If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's
office at (909) 4772700. Notification of 48 hours prior to the meeting will enable the City to make reasonable
arrangements to ensure accessibility. Listening devices are available for the hearing impaired.
CITY COUNCIL VISION STATEMENT
“Our Vision is to build on our success as a world class community,to create
an equitable,sustainable,and vibrant city,rich in opportunity for all to thrive.”
Page 1
MayorL. Dennis MichaelMayor Pro TemLynne B. KennedyMembers of the CityCouncil:Ryan A. HutchisonKristine D. ScottSam Spagnolo CITY OF RANCHO CUCAMONGAREGULAR MEETING AGENDASeptember 15, 202110500 Civic Center DriveRancho Cucamonga, CA 91730 FIRE PROTECTION DISTRICT BOARD – CITY COUNCILHOUSING SUCCESSOR AGENCY SUCCESSOR AGENCY – PUBLICFINANCE AUTHORITYCLOSED SESSION TRICOMMUNITIES ROOM 4:30 P.M.REGULAR MEETINGS COUNCIL CHAMBERS 7:00 P.M.The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in theCouncil Chambers located at 10500 Civic Center Drive. It Is the Intent to conclude the meeting by 10:00p.m. unless extended by the concurrence of the City Council. Agendas, minutes, and recordings ofmeetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 9097742023. LiveBroadcast available on Channel 3 (RCTV 3).CLOSED SESSION – 4:30 P.M. TRICOMMUNITIES ROOM ROLL CALL: Mayor Michael Mayor Pro Tem Kennedy Council Members Hutchison, Scott, and Spagnolo A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)C. CITY MANAGER ANNOUNCEMENTSD. CONDUCT OF CLOSED SESSIOND1.CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCESDIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONSWITH THE RANCHO CUCAMONGA CITY EMPLOYEES ASSOCIATION (RCCEA), TEAMSTERSLOCAL 1932, RANCHO CUCAMONGA MANAGEMENT ASSOCIATION, EXECUTIVE MANAGEMENT
GROUP, RANCHO CUCAMONGA FIREFIGHTERS LOCAL 2274, FIRE SUPPORT SERVICES AND
FIRE MANAGEMENT EMPLOYEES GROUP – (CITY/FIRE)
D2.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH
(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: HIMNEL USA, INC. d/b/a ST.
MARY'S MONTESSORI SCHOOL AND GLOBAL PROPERTY HOLDINGS LLC VS. CITY OF
RANCHO CUCAMONGA, SBSC CASE NO.: CIVDS 2014554. – (CITY)
D3.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH
(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: PEPE’S INC. V. CITY OF
RANCHO CUCAMONGA, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF
CALIFORNIA, CASE NO. 5:20CV02506JGBSP – (CITY)
D4.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 12467 BASE LINE ROAD IDENTIFIED AS PARCEL
NUMBERS 1090331030000, 1090331040000, 1089581040000; NEGOTIATING PARTIES JOHN
GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND
JOSEPH FILIPPI, JOSEPH FILIPPI WINERY AND VINEYARDS; REGARDING PRICE AND TERMS.
– (CITY)
D5.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY GENERALLY LOCATED ALONG THE WEST SIDE OF THE SAN
SEVAINE CHANNEL, PARALLEL TO TORREY PINE COURT, FURTHER IDENTIFIED AS SAN
BERNARDINO COUNTY TAX ASSESSOR’S PARCEL NUMBER 022804424; NEGOTIATING
PARTIES, JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO
CUCAMONGA, AND CHAO PING YANG, PROPERTY OWNER, REGARDING A PERMANENT
EASEMENT FOR MULTIUSE PATH PURPOSES. – CITY
D6.CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATION
PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION
54956.9: 1 CASE INVOLVING RJM DESIGN GROUP, TOVEYSCHULTZ CONSTRUCTION, INC.,
AND OTHER PARTIES ARISING OUT OF ALLEGED DESIGN AND CONSTRUCTION DEFECTS AT
THE RC SPORTS CENTER – CITY
D7.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 8783 ETIWANDA AVENUE/12949 WHITTRAM AVENUE,
FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER
022916214; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND,
PACIFIC AND CUTLER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND KULAR
TRUCK LINE, INC., OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING
PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET
FORTH ABOVE. – CITY
D8.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 9333 ETIWANDA AVENUE, FURTHER IDENTIFIED AS
SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916223; NEGOTIATING
PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,
REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,
OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE.
NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH
ABOVE. – CITY
D9.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 8949 ETIWANDA AVENUE, FURTHER IDENTIFIED AS
SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916222; NEGOTIATING
PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,
REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,
OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE.
NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH
ABOVE. – CITY
E. RECESS – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the Council
Chambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California.
REGULAR MEETING – 7:00 P.M.
COUNCIL CHAMBERS
PLEDGE OF ALLEGIANCE
ROLL CALL:Mayor Michael
Mayor Pro Tem Kennedy
Council Members Hutchison, Scott, and Spagnolo
A. AMENDMENTS TO THE AGENDA
B. ANNOUNCEMENT / PRESENTATIONS
B1.Presentation of Certificate of Recognition Recognizing Delaney Spaulding, Team USA Softball
Olympian and Rancho Cucamonga Resident.
B2.Presentation of Proclamations of Recognition to Library Board of Trustees Members Luella G.
Hairston, Esq. and Mary Hannah, and Library Foundation Director Heidi Soehnel for Their Service to
the Rancho Cucamonga Public Library.
B3.Presentation of a Proclamation Proclaiming the Month of September as Suicide Prevention Month.
C. PUBLIC COMMUNICATIONS
Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor
Agency, and Public Finance Authority. This is the time and place for the general public to address
the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing
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 Financing 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 Financing 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 noncontroversial. They will be acted
upon without discussion unless an item is removed by Council Member for discussion.
Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and
Public Finance Authority and may act on the consent calendar for those bodies as part of a single motion with
the City Council consent calendar.
D. CONSENT CALENDAR
D1.Consideration of Meeting Minutes for the Regular Meetings of July 21, 2021 and Special
Meeting of September 1, 2021.
D2.Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of
$1,834,980.73 and City and Fire District Weekly Check Registers (Excluding Checks Issued to
Southern California Gas Company) in the Total Amount of $6,633,672.06 Dated August 23,
2021 Through September 06, 2021. (CITY/FIRE)
D3.Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to
Southern California Gas Company in the Total Amount of $677,663.21 Dated August 23, 2021
Through September 06, 2021. (CITY/FIRE)
D4.Consideration of Reimbursement for the Etiwanda/San Sevaine Area Master Plan Drainage
Improvements Program for Fiscal Year 2020/2021 and an Appropriation of $5,394 from the
Etiwanda/San Sevaine Drainage Fund (Fund 116). (CITY)
D5.Consideration to Approve an Amendment to a Special Services Agreement between the City
of Rancho Cucamonga and Liebert Cassidy Whitmore, a Professional Law Corporation. (CITY)
D6.Consideration of a Professional Services Agreement with Dapeer Rosenblit Litvak, LLP for
Legal Services Related to the Municipal Code and Other Civil Matters. (CITY)
D7.Consideration of an Improvement Agreement Extension for Case No. DRC201800430,
Located East of Vineyard Avenue North of 8th Street, Submitted by Richard Collins Jr. (CITY)
D8.Consideration to Accept as Complete, File a Notice of Completion, and Authorize Release of
Retention, and Bonds for the School Crosswalk Improvements Project, Contract No. 2021054.
(CITY)
D9.Consideration to Accept as Complete, File the Notice of Completion and Authorize Release of
Retention and Bonds for the Hellman Avenue Sidewalk Improvements and ADA Ramps at
Various Locations, Contract No. 2021053. (CITY)
D10.Consideration to Accept Public Improvements Located in the Village Commercial (VC) District
of the Victoria Planned Community, South of Attwood Court and West of Victoria Park Lane,
Related to Case No. DRC201700889, as Complete, File the Notice of Completion, and
Authorize Release of Bonds. (CITY)
D11.Consideration of a Resolution to Set Residential Bear Resistant Container Solid Waste Rate
Within the City of Rancho Cucamonga. (RESOLUTION NO. 2021099) (CITY)
D12.Consideration of a Resolution Approving an Amendment to the Rancho Cucamonga City
Employees Association Salary Schedule for Fiscal Year 20212022, Including the Addition of
Supervising Traffic Systems Specialist Classification. (RESOLUTION NO. 2021105) (CITY)
D13.Consideration of the Improvement Agreement and Improvement Securities for Street
Improvements, Order Annexation to Landscape Maintenance District No. 3B, Street Light
Maintenance Districts Nos. 1 and 6 for Case No. DRC202000026, Located at the Southwest
Corner of 6th Street and Hyssop Drive. (RESOLUTION NO. 2021101), (RESOLUTION NO.
2021102), (RESOLUTION NO. 2021103) (CITY)
D14.Consideration of Resolutions of the Board of Directors of the Rancho Cucamonga Fire
Protection District, Rancho Cucamonga, California, Amending Resolutions FD 2021009,
2021010, and 2021011, and Approving Covenants and Restrictions for Real Property
Pursuant to Government Code Section 54233.5. (RESOLUTION NOS. FD 2021029, FD
2021030 AND FD 2021031) (FIRE)
D15.Consideration to Adopt a Resolution Approving Side Letter Agreements between the City of
Rancho Cucamonga and City Bargaining Units, Including a PartTime City Employee Benefit.
(RESOLUTION NO. 2021104) (CITY)
D16.Consideration to Adopt a Resolution Approving a Side Letter Agreement Between the Rancho
Cucamonga Fire Protection District and Fire District Bargaining Units, Including a PartTime
Employee Benefit Update. (RESOLUTION NO. FD 2021028). (FIRE)
D17.Consideration of an Amendment to the Agreement for Professional Services with SMGRancho
Cucamonga Premier Food Services LLC for Comprehensive Event and Meeting Sales,
Management, Catering, and Concession Services for Certain Spaces at the Victoria Gardens
Cultural Center and Lewis Family Playhouse. (CITY)
D18.Consideration to Approve Amendment No. 001 to Contract No. 18121 with KWall, LLC. for
Additional Website Development. (CITY)
E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION
E1.Consideration of Second Reading and Adoption of the Following:
Ordinance No. 983
An Ordinance of the City Council of the City of Rancho Cucamonga, California, Adopting Municipal Code Amendment
DRC202100281 to Amend Table 17.26.0201, Section 17.30.030, Table 17.30.0301, and Section 17.36.030 of the
Rancho Cucamonga Municipal Code to Establish Three New Zoning Districts and Adopt Associated Development
Standards and Permitted Uses for Each New Zoning District, Adopting Zoning Map Amendment DRC202100283 to
Rezone Certain Parcels as Set Forth Herein, Adopting an Addendum to the General Plan Program Environmental
Impact Report Pursuant to the California Environmental Quality Act, and Making Findings in Support Thereof
Ordinance No. 984
An Ordinance of the City Council of the City of Rancho Cucamonga, California, Approving Planned Community
Amendment DRC202100284 to Amend the Terra Vista Planned Community to Rezone 13 Parcels to the New Urban
Corridor Zoning District, Adopting an Addendum to the General Plan Program Environmental Impact Report Pursuant
to the California Environmental Quality Act, and Making Findings in Support Thereof
Ordinance No. 985
An Ordinance of the City Council of the City of Rancho Cucamonga, California, Adopting Planned Community
Amendment DRC202100285 to Amend the Victoria Planned Community to Rezone Six Parcels Within the Specific
Plan to the New Urban Center Zoning District, Adopting an Addendum to the General Plan Program Environmental
Impact Report Pursuant to the California Environmental Quality Act, and Making Findings in Support Thereof
F. ADMINISTRATIVE HEARING ITEM(S)
G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICT
G1.8:00 P.M. TIME CERTAIN PUBLIC HEARING #1 Consideration of City Council Election District
Boundaries, to Include Discussion Regarding the Redistricting Process, Review of Permissible
Criteria to be Considered to Redraw City Council Election District Boundaries, and Receiving Public
Input on Communities of Interest and Potential District Boundaries. (CITY)
G2.Consideration to Approve the Community Development Block Grant (CDBG) Program Year 2020
2021 Consolidated Annual Performance and Evaluation Report (CAPER). (CITY)
G3.Consideration of a Resolution to Create a Residential Permit Parking District on Estacia Street,
Elmhurst Avenue, Stafford Street, Dorset Court, Effen Street, and Cambridge Avenue Between
Hermosa Avenue and Ramona Avenue Pursuant to Municipal Code Section 10.50. (RESOLUTION
NO. 2021100) (CITY)
H. CITY MANAGER'S STAFF REPORT(S)
H1.Consideration of a Resolution Proclaiming October 6, 2021, as California Clean Air Day.
(RESOLUTION NO 2021098) (CITY)
I. COUNCIL BUSINESS
I1.Consideration of Santa Tour Activities for 2021. (CITY)
I2.COUNCIL ANNOUNCEMENTS
(Comments to be limited to three minutes per Council Member.)
I3.INTERAGENCY UPDATES
(Update by the City Council to the community on the meetings that were attended.)
J. CITY ATTORNEY ITEMS
K. IDENTIFICATION OF ITEMS FOR NEXT MEETING
L. ADJOURNMENT
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
twentyfour (24) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho
Cucamonga, California; 12505 Cultural Center Drive, Rancho Cucamonga, CA, 91739; and on the City's website.
LINDA A. TROYAN, MMC
CITY CLERK SERVICES DIRECTOR
If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's
office at (909) 4772700. Notification of 48 hours prior to the meeting will enable the City to make reasonable
arrangements to ensure accessibility. Listening devices are available for the hearing impaired.
CITY COUNCIL VISION STATEMENT
“Our Vision is to build on our success as a world class community,to create
an equitable,sustainable,and vibrant city,rich in opportunity for all to thrive.”
Page 2
MayorL. Dennis MichaelMayor Pro TemLynne B. KennedyMembers of the CityCouncil:Ryan A. HutchisonKristine D. ScottSam Spagnolo CITY OF RANCHO CUCAMONGAREGULAR MEETING AGENDASeptember 15, 202110500 Civic Center DriveRancho Cucamonga, CA 91730 FIRE PROTECTION DISTRICT BOARD – CITY COUNCILHOUSING SUCCESSOR AGENCY SUCCESSOR AGENCY – PUBLICFINANCE AUTHORITYCLOSED SESSION TRICOMMUNITIES ROOM 4:30 P.M.REGULAR MEETINGS COUNCIL CHAMBERS 7:00 P.M.The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in theCouncil Chambers located at 10500 Civic Center Drive. It Is the Intent to conclude the meeting by 10:00p.m. unless extended by the concurrence of the City Council. Agendas, minutes, and recordings ofmeetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 9097742023. LiveBroadcast available on Channel 3 (RCTV 3).CLOSED SESSION – 4:30 P.M. TRICOMMUNITIES ROOM ROLL CALL: Mayor Michael Mayor Pro Tem Kennedy Council Members Hutchison, Scott, and Spagnolo A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)C. CITY MANAGER ANNOUNCEMENTSD. CONDUCT OF CLOSED SESSIOND1.CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCESDIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONSWITH THE RANCHO CUCAMONGA CITY EMPLOYEES ASSOCIATION (RCCEA), TEAMSTERSLOCAL 1932, RANCHO CUCAMONGA MANAGEMENT ASSOCIATION, EXECUTIVE MANAGEMENTGROUP, RANCHO CUCAMONGA FIREFIGHTERS LOCAL 2274, FIRE SUPPORT SERVICES ANDFIRE MANAGEMENT EMPLOYEES GROUP – (CITY/FIRE)D2.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: HIMNEL USA, INC. d/b/a ST.MARY'S MONTESSORI SCHOOL AND GLOBAL PROPERTY HOLDINGS LLC VS. CITY OFRANCHO CUCAMONGA, SBSC CASE NO.: CIVDS 2014554. – (CITY)D3.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: PEPE’S INC. V. CITY OFRANCHO CUCAMONGA, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OFCALIFORNIA, CASE NO. 5:20CV02506JGBSP – (CITY)D4.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 12467 BASE LINE ROAD IDENTIFIED AS PARCELNUMBERS 1090331030000, 1090331040000, 1089581040000; NEGOTIATING PARTIES JOHNGILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, ANDJOSEPH FILIPPI, JOSEPH FILIPPI WINERY AND VINEYARDS; REGARDING PRICE AND TERMS.– (CITY)D5.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY GENERALLY LOCATED ALONG THE WEST SIDE OF THE SANSEVAINE CHANNEL, PARALLEL TO TORREY PINE COURT, FURTHER IDENTIFIED AS SANBERNARDINO COUNTY TAX ASSESSOR’S PARCEL NUMBER 022804424; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHOCUCAMONGA, AND CHAO PING YANG, PROPERTY OWNER, REGARDING A PERMANENTEASEMENT FOR MULTIUSE PATH PURPOSES. – CITYD6.CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATIONPURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION54956.9: 1 CASE INVOLVING RJM DESIGN GROUP, TOVEYSCHULTZ CONSTRUCTION, INC.,AND OTHER PARTIES ARISING OUT OF ALLEGED DESIGN AND CONSTRUCTION DEFECTS ATTHE RC SPORTS CENTER – CITYD7.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8783 ETIWANDA AVENUE/12949 WHITTRAM AVENUE,FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER022916214; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND,PACIFIC AND CUTLER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND KULARTRUCK LINE, INC., OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNINGPRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SETFORTH ABOVE. – CITYD8.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 9333 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916223; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE.
NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH
ABOVE. – CITY
D9.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY LOCATED AT 8949 ETIWANDA AVENUE, FURTHER IDENTIFIED AS
SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916222; NEGOTIATING
PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,
REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,
OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE.
NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH
ABOVE. – CITY
E. RECESS – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the Council
Chambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California.
REGULAR MEETING – 7:00 P.M.
COUNCIL CHAMBERS
PLEDGE OF ALLEGIANCE
ROLL CALL:Mayor Michael
Mayor Pro Tem Kennedy
Council Members Hutchison, Scott, and Spagnolo
A. AMENDMENTS TO THE AGENDA
B. ANNOUNCEMENT / PRESENTATIONS
B1.Presentation of Certificate of Recognition Recognizing Delaney Spaulding, Team USA Softball
Olympian and Rancho Cucamonga Resident.
B2.Presentation of Proclamations of Recognition to Library Board of Trustees Members Luella G.
Hairston, Esq. and Mary Hannah, and Library Foundation Director Heidi Soehnel for Their Service to
the Rancho Cucamonga Public Library.
B3.Presentation of a Proclamation Proclaiming the Month of September as Suicide Prevention Month.
C. PUBLIC COMMUNICATIONS
Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor
Agency, and Public Finance Authority. This is the time and place for the general public to address
the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing
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 Financing 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 Financing 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 noncontroversial. They will be acted
upon without discussion unless an item is removed by Council Member for discussion.
Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and
Public Finance Authority and may act on the consent calendar for those bodies as part of a single motion with
the City Council consent calendar.
D. CONSENT CALENDAR
D1.Consideration of Meeting Minutes for the Regular Meetings of July 21, 2021 and Special
Meeting of September 1, 2021.
D2.Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of
$1,834,980.73 and City and Fire District Weekly Check Registers (Excluding Checks Issued to
Southern California Gas Company) in the Total Amount of $6,633,672.06 Dated August 23,
2021 Through September 06, 2021. (CITY/FIRE)
D3.Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to
Southern California Gas Company in the Total Amount of $677,663.21 Dated August 23, 2021
Through September 06, 2021. (CITY/FIRE)
D4.Consideration of Reimbursement for the Etiwanda/San Sevaine Area Master Plan Drainage
Improvements Program for Fiscal Year 2020/2021 and an Appropriation of $5,394 from the
Etiwanda/San Sevaine Drainage Fund (Fund 116). (CITY)
D5.Consideration to Approve an Amendment to a Special Services Agreement between the City
of Rancho Cucamonga and Liebert Cassidy Whitmore, a Professional Law Corporation. (CITY)
D6.Consideration of a Professional Services Agreement with Dapeer Rosenblit Litvak, LLP for
Legal Services Related to the Municipal Code and Other Civil Matters. (CITY)
D7.Consideration of an Improvement Agreement Extension for Case No. DRC201800430,
Located East of Vineyard Avenue North of 8th Street, Submitted by Richard Collins Jr. (CITY)
D8.Consideration to Accept as Complete, File a Notice of Completion, and Authorize Release of
Retention, and Bonds for the School Crosswalk Improvements Project, Contract No. 2021054.
(CITY)
D9.Consideration to Accept as Complete, File the Notice of Completion and Authorize Release of
Retention and Bonds for the Hellman Avenue Sidewalk Improvements and ADA Ramps at
Various Locations, Contract No. 2021053. (CITY)
D10.Consideration to Accept Public Improvements Located in the Village Commercial (VC) District
of the Victoria Planned Community, South of Attwood Court and West of Victoria Park Lane,
Related to Case No. DRC201700889, as Complete, File the Notice of Completion, and
Authorize Release of Bonds. (CITY)
D11.Consideration of a Resolution to Set Residential Bear Resistant Container Solid Waste Rate
Within the City of Rancho Cucamonga. (RESOLUTION NO. 2021099) (CITY)
D12.Consideration of a Resolution Approving an Amendment to the Rancho Cucamonga City
Employees Association Salary Schedule for Fiscal Year 20212022, Including the Addition of
Supervising Traffic Systems Specialist Classification. (RESOLUTION NO. 2021105) (CITY)
D13.Consideration of the Improvement Agreement and Improvement Securities for Street
Improvements, Order Annexation to Landscape Maintenance District No. 3B, Street Light
Maintenance Districts Nos. 1 and 6 for Case No. DRC202000026, Located at the Southwest
Corner of 6th Street and Hyssop Drive. (RESOLUTION NO. 2021101), (RESOLUTION NO.
2021102), (RESOLUTION NO. 2021103) (CITY)
D14.Consideration of Resolutions of the Board of Directors of the Rancho Cucamonga Fire
Protection District, Rancho Cucamonga, California, Amending Resolutions FD 2021009,
2021010, and 2021011, and Approving Covenants and Restrictions for Real Property
Pursuant to Government Code Section 54233.5. (RESOLUTION NOS. FD 2021029, FD
2021030 AND FD 2021031) (FIRE)
D15.Consideration to Adopt a Resolution Approving Side Letter Agreements between the City of
Rancho Cucamonga and City Bargaining Units, Including a PartTime City Employee Benefit.
(RESOLUTION NO. 2021104) (CITY)
D16.Consideration to Adopt a Resolution Approving a Side Letter Agreement Between the Rancho
Cucamonga Fire Protection District and Fire District Bargaining Units, Including a PartTime
Employee Benefit Update. (RESOLUTION NO. FD 2021028). (FIRE)
D17.Consideration of an Amendment to the Agreement for Professional Services with SMGRancho
Cucamonga Premier Food Services LLC for Comprehensive Event and Meeting Sales,
Management, Catering, and Concession Services for Certain Spaces at the Victoria Gardens
Cultural Center and Lewis Family Playhouse. (CITY)
D18.Consideration to Approve Amendment No. 001 to Contract No. 18121 with KWall, LLC. for
Additional Website Development. (CITY)
E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION
E1.Consideration of Second Reading and Adoption of the Following:
Ordinance No. 983
An Ordinance of the City Council of the City of Rancho Cucamonga, California, Adopting Municipal Code Amendment
DRC202100281 to Amend Table 17.26.0201, Section 17.30.030, Table 17.30.0301, and Section 17.36.030 of the
Rancho Cucamonga Municipal Code to Establish Three New Zoning Districts and Adopt Associated Development
Standards and Permitted Uses for Each New Zoning District, Adopting Zoning Map Amendment DRC202100283 to
Rezone Certain Parcels as Set Forth Herein, Adopting an Addendum to the General Plan Program Environmental
Impact Report Pursuant to the California Environmental Quality Act, and Making Findings in Support Thereof
Ordinance No. 984
An Ordinance of the City Council of the City of Rancho Cucamonga, California, Approving Planned Community
Amendment DRC202100284 to Amend the Terra Vista Planned Community to Rezone 13 Parcels to the New Urban
Corridor Zoning District, Adopting an Addendum to the General Plan Program Environmental Impact Report Pursuant
to the California Environmental Quality Act, and Making Findings in Support Thereof
Ordinance No. 985
An Ordinance of the City Council of the City of Rancho Cucamonga, California, Adopting Planned Community
Amendment DRC202100285 to Amend the Victoria Planned Community to Rezone Six Parcels Within the Specific
Plan to the New Urban Center Zoning District, Adopting an Addendum to the General Plan Program Environmental
Impact Report Pursuant to the California Environmental Quality Act, and Making Findings in Support Thereof
F. ADMINISTRATIVE HEARING ITEM(S)
G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICT
G1.8:00 P.M. TIME CERTAIN PUBLIC HEARING #1 Consideration of City Council Election District
Boundaries, to Include Discussion Regarding the Redistricting Process, Review of Permissible
Criteria to be Considered to Redraw City Council Election District Boundaries, and Receiving Public
Input on Communities of Interest and Potential District Boundaries. (CITY)
G2.Consideration to Approve the Community Development Block Grant (CDBG) Program Year 2020
2021 Consolidated Annual Performance and Evaluation Report (CAPER). (CITY)
G3.Consideration of a Resolution to Create a Residential Permit Parking District on Estacia Street,
Elmhurst Avenue, Stafford Street, Dorset Court, Effen Street, and Cambridge Avenue Between
Hermosa Avenue and Ramona Avenue Pursuant to Municipal Code Section 10.50. (RESOLUTION
NO. 2021100) (CITY)
H. CITY MANAGER'S STAFF REPORT(S)
H1.Consideration of a Resolution Proclaiming October 6, 2021, as California Clean Air Day.
(RESOLUTION NO 2021098) (CITY)
I. COUNCIL BUSINESS
I1.Consideration of Santa Tour Activities for 2021. (CITY)
I2.COUNCIL ANNOUNCEMENTS
(Comments to be limited to three minutes per Council Member.)
I3.INTERAGENCY UPDATES
(Update by the City Council to the community on the meetings that were attended.)
J. CITY ATTORNEY ITEMS
K. IDENTIFICATION OF ITEMS FOR NEXT MEETING
L. ADJOURNMENT
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
twentyfour (24) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho
Cucamonga, California; 12505 Cultural Center Drive, Rancho Cucamonga, CA, 91739; and on the City's website.
LINDA A. TROYAN, MMC
CITY CLERK SERVICES DIRECTOR
If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's
office at (909) 4772700. Notification of 48 hours prior to the meeting will enable the City to make reasonable
arrangements to ensure accessibility. Listening devices are available for the hearing impaired.
CITY COUNCIL VISION STATEMENT
“Our Vision is to build on our success as a world class community,to create
an equitable,sustainable,and vibrant city,rich in opportunity for all to thrive.”
Page 3
MayorL. Dennis MichaelMayor Pro TemLynne B. KennedyMembers of the CityCouncil:Ryan A. HutchisonKristine D. ScottSam Spagnolo CITY OF RANCHO CUCAMONGAREGULAR MEETING AGENDASeptember 15, 202110500 Civic Center DriveRancho Cucamonga, CA 91730 FIRE PROTECTION DISTRICT BOARD – CITY COUNCILHOUSING SUCCESSOR AGENCY SUCCESSOR AGENCY – PUBLICFINANCE AUTHORITYCLOSED SESSION TRICOMMUNITIES ROOM 4:30 P.M.REGULAR MEETINGS COUNCIL CHAMBERS 7:00 P.M.The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in theCouncil Chambers located at 10500 Civic Center Drive. It Is the Intent to conclude the meeting by 10:00p.m. unless extended by the concurrence of the City Council. Agendas, minutes, and recordings ofmeetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 9097742023. LiveBroadcast available on Channel 3 (RCTV 3).CLOSED SESSION – 4:30 P.M. TRICOMMUNITIES ROOM ROLL CALL: Mayor Michael Mayor Pro Tem Kennedy Council Members Hutchison, Scott, and Spagnolo A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)C. CITY MANAGER ANNOUNCEMENTSD. CONDUCT OF CLOSED SESSIOND1.CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCESDIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONSWITH THE RANCHO CUCAMONGA CITY EMPLOYEES ASSOCIATION (RCCEA), TEAMSTERSLOCAL 1932, RANCHO CUCAMONGA MANAGEMENT ASSOCIATION, EXECUTIVE MANAGEMENTGROUP, RANCHO CUCAMONGA FIREFIGHTERS LOCAL 2274, FIRE SUPPORT SERVICES ANDFIRE MANAGEMENT EMPLOYEES GROUP – (CITY/FIRE)D2.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: HIMNEL USA, INC. d/b/a ST.MARY'S MONTESSORI SCHOOL AND GLOBAL PROPERTY HOLDINGS LLC VS. CITY OFRANCHO CUCAMONGA, SBSC CASE NO.: CIVDS 2014554. – (CITY)D3.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: PEPE’S INC. V. CITY OFRANCHO CUCAMONGA, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OFCALIFORNIA, CASE NO. 5:20CV02506JGBSP – (CITY)D4.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 12467 BASE LINE ROAD IDENTIFIED AS PARCELNUMBERS 1090331030000, 1090331040000, 1089581040000; NEGOTIATING PARTIES JOHNGILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, ANDJOSEPH FILIPPI, JOSEPH FILIPPI WINERY AND VINEYARDS; REGARDING PRICE AND TERMS.– (CITY)D5.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY GENERALLY LOCATED ALONG THE WEST SIDE OF THE SANSEVAINE CHANNEL, PARALLEL TO TORREY PINE COURT, FURTHER IDENTIFIED AS SANBERNARDINO COUNTY TAX ASSESSOR’S PARCEL NUMBER 022804424; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHOCUCAMONGA, AND CHAO PING YANG, PROPERTY OWNER, REGARDING A PERMANENTEASEMENT FOR MULTIUSE PATH PURPOSES. – CITYD6.CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATIONPURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION54956.9: 1 CASE INVOLVING RJM DESIGN GROUP, TOVEYSCHULTZ CONSTRUCTION, INC.,AND OTHER PARTIES ARISING OUT OF ALLEGED DESIGN AND CONSTRUCTION DEFECTS ATTHE RC SPORTS CENTER – CITYD7.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8783 ETIWANDA AVENUE/12949 WHITTRAM AVENUE,FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER022916214; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND,PACIFIC AND CUTLER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND KULARTRUCK LINE, INC., OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNINGPRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SETFORTH ABOVE. – CITYD8.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 9333 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916223; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTHABOVE. – CITYD9.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8949 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916222; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTHABOVE. – CITYE. RECESS – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the Council
Chambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California.
REGULAR MEETING – 7:00 P.M.
COUNCIL CHAMBERS
PLEDGE OF ALLEGIANCE
ROLL CALL:Mayor Michael
Mayor Pro Tem Kennedy
Council Members Hutchison, Scott, and Spagnolo
A. AMENDMENTS TO THE AGENDA
B. ANNOUNCEMENT / PRESENTATIONS
B1.Presentation of Certificate of Recognition Recognizing Delaney Spaulding, Team USA Softball
Olympian and Rancho Cucamonga Resident.
B2.Presentation of Proclamations of Recognition to Library Board of Trustees Members Luella G.
Hairston, Esq. and Mary Hannah, and Library Foundation Director Heidi Soehnel for Their Service to
the Rancho Cucamonga Public Library.
B3.Presentation of a Proclamation Proclaiming the Month of September as Suicide Prevention Month.
C. PUBLIC COMMUNICATIONS
Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor
Agency, and Public Finance Authority. This is the time and place for the general public to address
the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing
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 Financing 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 Financing 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 noncontroversial. They will be acted
upon without discussion unless an item is removed by Council Member for discussion.
Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and
Public Finance Authority and may act on the consent calendar for those bodies as part of a single motion with
the City Council consent calendar.
D. CONSENT CALENDAR
D1.Consideration of Meeting Minutes for the Regular Meetings of July 21, 2021 and Special
Meeting of September 1, 2021.
D2.Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of
$1,834,980.73 and City and Fire District Weekly Check Registers (Excluding Checks Issued to
Southern California Gas Company) in the Total Amount of $6,633,672.06 Dated August 23,
2021 Through September 06, 2021. (CITY/FIRE)
D3.Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to
Southern California Gas Company in the Total Amount of $677,663.21 Dated August 23, 2021
Through September 06, 2021. (CITY/FIRE)
D4.Consideration of Reimbursement for the Etiwanda/San Sevaine Area Master Plan Drainage
Improvements Program for Fiscal Year 2020/2021 and an Appropriation of $5,394 from the
Etiwanda/San Sevaine Drainage Fund (Fund 116). (CITY)
D5.Consideration to Approve an Amendment to a Special Services Agreement between the City
of Rancho Cucamonga and Liebert Cassidy Whitmore, a Professional Law Corporation. (CITY)
D6.Consideration of a Professional Services Agreement with Dapeer Rosenblit Litvak, LLP for
Legal Services Related to the Municipal Code and Other Civil Matters. (CITY)
D7.Consideration of an Improvement Agreement Extension for Case No. DRC201800430,
Located East of Vineyard Avenue North of 8th Street, Submitted by Richard Collins Jr. (CITY)
D8.Consideration to Accept as Complete, File a Notice of Completion, and Authorize Release of
Retention, and Bonds for the School Crosswalk Improvements Project, Contract No. 2021054.
(CITY)
D9.Consideration to Accept as Complete, File the Notice of Completion and Authorize Release of
Retention and Bonds for the Hellman Avenue Sidewalk Improvements and ADA Ramps at
Various Locations, Contract No. 2021053. (CITY)
D10.Consideration to Accept Public Improvements Located in the Village Commercial (VC) District
of the Victoria Planned Community, South of Attwood Court and West of Victoria Park Lane,
Related to Case No. DRC201700889, as Complete, File the Notice of Completion, and
Authorize Release of Bonds. (CITY)
D11.Consideration of a Resolution to Set Residential Bear Resistant Container Solid Waste Rate
Within the City of Rancho Cucamonga. (RESOLUTION NO. 2021099) (CITY)
D12.Consideration of a Resolution Approving an Amendment to the Rancho Cucamonga City
Employees Association Salary Schedule for Fiscal Year 20212022, Including the Addition of
Supervising Traffic Systems Specialist Classification. (RESOLUTION NO. 2021105) (CITY)
D13.Consideration of the Improvement Agreement and Improvement Securities for Street
Improvements, Order Annexation to Landscape Maintenance District No. 3B, Street Light
Maintenance Districts Nos. 1 and 6 for Case No. DRC202000026, Located at the Southwest
Corner of 6th Street and Hyssop Drive. (RESOLUTION NO. 2021101), (RESOLUTION NO.
2021102), (RESOLUTION NO. 2021103) (CITY)
D14.Consideration of Resolutions of the Board of Directors of the Rancho Cucamonga Fire
Protection District, Rancho Cucamonga, California, Amending Resolutions FD 2021009,
2021010, and 2021011, and Approving Covenants and Restrictions for Real Property
Pursuant to Government Code Section 54233.5. (RESOLUTION NOS. FD 2021029, FD
2021030 AND FD 2021031) (FIRE)
D15.Consideration to Adopt a Resolution Approving Side Letter Agreements between the City of
Rancho Cucamonga and City Bargaining Units, Including a PartTime City Employee Benefit.
(RESOLUTION NO. 2021104) (CITY)
D16.Consideration to Adopt a Resolution Approving a Side Letter Agreement Between the Rancho
Cucamonga Fire Protection District and Fire District Bargaining Units, Including a PartTime
Employee Benefit Update. (RESOLUTION NO. FD 2021028). (FIRE)
D17.Consideration of an Amendment to the Agreement for Professional Services with SMGRancho
Cucamonga Premier Food Services LLC for Comprehensive Event and Meeting Sales,
Management, Catering, and Concession Services for Certain Spaces at the Victoria Gardens
Cultural Center and Lewis Family Playhouse. (CITY)
D18.Consideration to Approve Amendment No. 001 to Contract No. 18121 with KWall, LLC. for
Additional Website Development. (CITY)
E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION
E1.Consideration of Second Reading and Adoption of the Following:
Ordinance No. 983
An Ordinance of the City Council of the City of Rancho Cucamonga, California, Adopting Municipal Code Amendment
DRC202100281 to Amend Table 17.26.0201, Section 17.30.030, Table 17.30.0301, and Section 17.36.030 of the
Rancho Cucamonga Municipal Code to Establish Three New Zoning Districts and Adopt Associated Development
Standards and Permitted Uses for Each New Zoning District, Adopting Zoning Map Amendment DRC202100283 to
Rezone Certain Parcels as Set Forth Herein, Adopting an Addendum to the General Plan Program Environmental
Impact Report Pursuant to the California Environmental Quality Act, and Making Findings in Support Thereof
Ordinance No. 984
An Ordinance of the City Council of the City of Rancho Cucamonga, California, Approving Planned Community
Amendment DRC202100284 to Amend the Terra Vista Planned Community to Rezone 13 Parcels to the New Urban
Corridor Zoning District, Adopting an Addendum to the General Plan Program Environmental Impact Report Pursuant
to the California Environmental Quality Act, and Making Findings in Support Thereof
Ordinance No. 985
An Ordinance of the City Council of the City of Rancho Cucamonga, California, Adopting Planned Community
Amendment DRC202100285 to Amend the Victoria Planned Community to Rezone Six Parcels Within the Specific
Plan to the New Urban Center Zoning District, Adopting an Addendum to the General Plan Program Environmental
Impact Report Pursuant to the California Environmental Quality Act, and Making Findings in Support Thereof
F. ADMINISTRATIVE HEARING ITEM(S)
G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICT
G1.8:00 P.M. TIME CERTAIN PUBLIC HEARING #1 Consideration of City Council Election District
Boundaries, to Include Discussion Regarding the Redistricting Process, Review of Permissible
Criteria to be Considered to Redraw City Council Election District Boundaries, and Receiving Public
Input on Communities of Interest and Potential District Boundaries. (CITY)
G2.Consideration to Approve the Community Development Block Grant (CDBG) Program Year 2020
2021 Consolidated Annual Performance and Evaluation Report (CAPER). (CITY)
G3.Consideration of a Resolution to Create a Residential Permit Parking District on Estacia Street,
Elmhurst Avenue, Stafford Street, Dorset Court, Effen Street, and Cambridge Avenue Between
Hermosa Avenue and Ramona Avenue Pursuant to Municipal Code Section 10.50. (RESOLUTION
NO. 2021100) (CITY)
H. CITY MANAGER'S STAFF REPORT(S)
H1.Consideration of a Resolution Proclaiming October 6, 2021, as California Clean Air Day.
(RESOLUTION NO 2021098) (CITY)
I. COUNCIL BUSINESS
I1.Consideration of Santa Tour Activities for 2021. (CITY)
I2.COUNCIL ANNOUNCEMENTS
(Comments to be limited to three minutes per Council Member.)
I3.INTERAGENCY UPDATES
(Update by the City Council to the community on the meetings that were attended.)
J. CITY ATTORNEY ITEMS
K. IDENTIFICATION OF ITEMS FOR NEXT MEETING
L. ADJOURNMENT
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
twentyfour (24) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho
Cucamonga, California; 12505 Cultural Center Drive, Rancho Cucamonga, CA, 91739; and on the City's website.
LINDA A. TROYAN, MMC
CITY CLERK SERVICES DIRECTOR
If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's
office at (909) 4772700. Notification of 48 hours prior to the meeting will enable the City to make reasonable
arrangements to ensure accessibility. Listening devices are available for the hearing impaired.
CITY COUNCIL VISION STATEMENT
“Our Vision is to build on our success as a world class community,to create
an equitable,sustainable,and vibrant city,rich in opportunity for all to thrive.”
Page 4
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MayorL. Dennis MichaelMayor Pro TemLynne B. KennedyMembers of the CityCouncil:Ryan A. HutchisonKristine D. ScottSam Spagnolo CITY OF RANCHO CUCAMONGAREGULAR MEETING AGENDASeptember 15, 202110500 Civic Center DriveRancho Cucamonga, CA 91730 FIRE PROTECTION DISTRICT BOARD – CITY COUNCILHOUSING SUCCESSOR AGENCY SUCCESSOR AGENCY – PUBLICFINANCE AUTHORITYCLOSED SESSION TRICOMMUNITIES ROOM 4:30 P.M.REGULAR MEETINGS COUNCIL CHAMBERS 7:00 P.M.The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in theCouncil Chambers located at 10500 Civic Center Drive. It Is the Intent to conclude the meeting by 10:00p.m. unless extended by the concurrence of the City Council. Agendas, minutes, and recordings ofmeetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 9097742023. LiveBroadcast available on Channel 3 (RCTV 3).CLOSED SESSION – 4:30 P.M. TRICOMMUNITIES ROOM ROLL CALL: Mayor Michael Mayor Pro Tem Kennedy Council Members Hutchison, Scott, and Spagnolo A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)C. CITY MANAGER ANNOUNCEMENTSD. CONDUCT OF CLOSED SESSIOND1.CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCESDIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONSWITH THE RANCHO CUCAMONGA CITY EMPLOYEES ASSOCIATION (RCCEA), TEAMSTERSLOCAL 1932, RANCHO CUCAMONGA MANAGEMENT ASSOCIATION, EXECUTIVE MANAGEMENTGROUP, RANCHO CUCAMONGA FIREFIGHTERS LOCAL 2274, FIRE SUPPORT SERVICES ANDFIRE MANAGEMENT EMPLOYEES GROUP – (CITY/FIRE)D2.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: HIMNEL USA, INC. d/b/a ST.MARY'S MONTESSORI SCHOOL AND GLOBAL PROPERTY HOLDINGS LLC VS. CITY OFRANCHO CUCAMONGA, SBSC CASE NO.: CIVDS 2014554. – (CITY)D3.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: PEPE’S INC. V. CITY OFRANCHO CUCAMONGA, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OFCALIFORNIA, CASE NO. 5:20CV02506JGBSP – (CITY)D4.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 12467 BASE LINE ROAD IDENTIFIED AS PARCELNUMBERS 1090331030000, 1090331040000, 1089581040000; NEGOTIATING PARTIES JOHNGILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, ANDJOSEPH FILIPPI, JOSEPH FILIPPI WINERY AND VINEYARDS; REGARDING PRICE AND TERMS.– (CITY)D5.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY GENERALLY LOCATED ALONG THE WEST SIDE OF THE SANSEVAINE CHANNEL, PARALLEL TO TORREY PINE COURT, FURTHER IDENTIFIED AS SANBERNARDINO COUNTY TAX ASSESSOR’S PARCEL NUMBER 022804424; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHOCUCAMONGA, AND CHAO PING YANG, PROPERTY OWNER, REGARDING A PERMANENTEASEMENT FOR MULTIUSE PATH PURPOSES. – CITYD6.CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATIONPURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION54956.9: 1 CASE INVOLVING RJM DESIGN GROUP, TOVEYSCHULTZ CONSTRUCTION, INC.,AND OTHER PARTIES ARISING OUT OF ALLEGED DESIGN AND CONSTRUCTION DEFECTS ATTHE RC SPORTS CENTER – CITYD7.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8783 ETIWANDA AVENUE/12949 WHITTRAM AVENUE,FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER022916214; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND,PACIFIC AND CUTLER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND KULARTRUCK LINE, INC., OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNINGPRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SETFORTH ABOVE. – CITYD8.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 9333 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916223; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTHABOVE. – CITYD9.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8949 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916222; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTHABOVE. – CITYE. RECESS – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the CouncilChambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California.REGULAR MEETING – 7:00 P.M.COUNCIL CHAMBERSPLEDGE OF ALLEGIANCEROLL CALL:Mayor MichaelMayor Pro Tem KennedyCouncil Members Hutchison, Scott, and SpagnoloA. AMENDMENTS TO THE AGENDAB. ANNOUNCEMENT / PRESENTATIONSB1.Presentation of Certificate of Recognition Recognizing Delaney Spaulding, Team USA SoftballOlympian and Rancho Cucamonga Resident.B2.Presentation of Proclamations of Recognition to Library Board of Trustees Members Luella G.Hairston, Esq. and Mary Hannah, and Library Foundation Director Heidi Soehnel for Their Service tothe Rancho Cucamonga Public Library. B3.Presentation of a Proclamation Proclaiming the Month of September as Suicide Prevention Month.C. PUBLIC COMMUNICATIONSMembers of the City Council also sit as the Fire Board, Housing Successor Agency, SuccessorAgency, and Public Finance Authority. This is the time and place for the general public to addressthe Fire Protection District, Housing Successor Agency, Successor Agency, Public FinancingAuthority Board, and City Council on any item listed or not listed on the agenda. State law prohibits theFire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board,and City Council from addressing any issue not previously included on the Agenda. The Fire ProtectionDistrict, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Councilmay 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 theMayor, depending upon the number of individuals desiring to speak. All communications are to beaddressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to themembers 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 anyactivity which might be disruptive to the decorum of the meeting.The public communications period will not exceed one hour prior to the commencement of thebusiness portion of the agenda. During this one hour period, all those who wish to speak on a topiccontained in the business portion of the agenda will be given priority, and no further speaker cards for thesebusiness items (with the exception of public hearing items) will be accepted once the business portion of theagenda commences. Any other public communications which have not concluded during this one hour periodmay 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 noncontroversial. They will be acted
upon without discussion unless an item is removed by Council Member for discussion.
Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and
Public Finance Authority and may act on the consent calendar for those bodies as part of a single motion with
the City Council consent calendar.
D. CONSENT CALENDAR
D1.Consideration of Meeting Minutes for the Regular Meetings of July 21, 2021 and Special
Meeting of September 1, 2021.
D2.Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of
$1,834,980.73 and City and Fire District Weekly Check Registers (Excluding Checks Issued to
Southern California Gas Company) in the Total Amount of $6,633,672.06 Dated August 23,
2021 Through September 06, 2021. (CITY/FIRE)
D3.Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to
Southern California Gas Company in the Total Amount of $677,663.21 Dated August 23, 2021
Through September 06, 2021. (CITY/FIRE)
D4.Consideration of Reimbursement for the Etiwanda/San Sevaine Area Master Plan Drainage
Improvements Program for Fiscal Year 2020/2021 and an Appropriation of $5,394 from the
Etiwanda/San Sevaine Drainage Fund (Fund 116). (CITY)
D5.Consideration to Approve an Amendment to a Special Services Agreement between the City
of Rancho Cucamonga and Liebert Cassidy Whitmore, a Professional Law Corporation. (CITY)
D6.Consideration of a Professional Services Agreement with Dapeer Rosenblit Litvak, LLP for
Legal Services Related to the Municipal Code and Other Civil Matters. (CITY)
D7.Consideration of an Improvement Agreement Extension for Case No. DRC201800430,
Located East of Vineyard Avenue North of 8th Street, Submitted by Richard Collins Jr. (CITY)
D8.Consideration to Accept as Complete, File a Notice of Completion, and Authorize Release of
Retention, and Bonds for the School Crosswalk Improvements Project, Contract No. 2021054.
(CITY)
D9.Consideration to Accept as Complete, File the Notice of Completion and Authorize Release of
Retention and Bonds for the Hellman Avenue Sidewalk Improvements and ADA Ramps at
Various Locations, Contract No. 2021053. (CITY)
D10.Consideration to Accept Public Improvements Located in the Village Commercial (VC) District
of the Victoria Planned Community, South of Attwood Court and West of Victoria Park Lane,
Related to Case No. DRC201700889, as Complete, File the Notice of Completion, and
Authorize Release of Bonds. (CITY)
D11.Consideration of a Resolution to Set Residential Bear Resistant Container Solid Waste Rate
Within the City of Rancho Cucamonga. (RESOLUTION NO. 2021099) (CITY)
D12.Consideration of a Resolution Approving an Amendment to the Rancho Cucamonga City
Employees Association Salary Schedule for Fiscal Year 20212022, Including the Addition of
Supervising Traffic Systems Specialist Classification. (RESOLUTION NO. 2021105) (CITY)
D13.Consideration of the Improvement Agreement and Improvement Securities for Street
Improvements, Order Annexation to Landscape Maintenance District No. 3B, Street Light
Maintenance Districts Nos. 1 and 6 for Case No. DRC202000026, Located at the Southwest
Corner of 6th Street and Hyssop Drive. (RESOLUTION NO. 2021101), (RESOLUTION NO.
2021102), (RESOLUTION NO. 2021103) (CITY)
D14.Consideration of Resolutions of the Board of Directors of the Rancho Cucamonga Fire
Protection District, Rancho Cucamonga, California, Amending Resolutions FD 2021009,
2021010, and 2021011, and Approving Covenants and Restrictions for Real Property
Pursuant to Government Code Section 54233.5. (RESOLUTION NOS. FD 2021029, FD
2021030 AND FD 2021031) (FIRE)
D15.Consideration to Adopt a Resolution Approving Side Letter Agreements between the City of
Rancho Cucamonga and City Bargaining Units, Including a PartTime City Employee Benefit.
(RESOLUTION NO. 2021104) (CITY)
D16.Consideration to Adopt a Resolution Approving a Side Letter Agreement Between the Rancho
Cucamonga Fire Protection District and Fire District Bargaining Units, Including a PartTime
Employee Benefit Update. (RESOLUTION NO. FD 2021028). (FIRE)
D17.Consideration of an Amendment to the Agreement for Professional Services with SMGRancho
Cucamonga Premier Food Services LLC for Comprehensive Event and Meeting Sales,
Management, Catering, and Concession Services for Certain Spaces at the Victoria Gardens
Cultural Center and Lewis Family Playhouse. (CITY)
D18.Consideration to Approve Amendment No. 001 to Contract No. 18121 with KWall, LLC. for
Additional Website Development. (CITY)
E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION
E1.Consideration of Second Reading and Adoption of the Following:
Ordinance No. 983
An Ordinance of the City Council of the City of Rancho Cucamonga, California, Adopting Municipal Code Amendment
DRC202100281 to Amend Table 17.26.0201, Section 17.30.030, Table 17.30.0301, and Section 17.36.030 of the
Rancho Cucamonga Municipal Code to Establish Three New Zoning Districts and Adopt Associated Development
Standards and Permitted Uses for Each New Zoning District, Adopting Zoning Map Amendment DRC202100283 to
Rezone Certain Parcels as Set Forth Herein, Adopting an Addendum to the General Plan Program Environmental
Impact Report Pursuant to the California Environmental Quality Act, and Making Findings in Support Thereof
Ordinance No. 984
An Ordinance of the City Council of the City of Rancho Cucamonga, California, Approving Planned Community
Amendment DRC202100284 to Amend the Terra Vista Planned Community to Rezone 13 Parcels to the New Urban
Corridor Zoning District, Adopting an Addendum to the General Plan Program Environmental Impact Report Pursuant
to the California Environmental Quality Act, and Making Findings in Support Thereof
Ordinance No. 985
An Ordinance of the City Council of the City of Rancho Cucamonga, California, Adopting Planned Community
Amendment DRC202100285 to Amend the Victoria Planned Community to Rezone Six Parcels Within the Specific
Plan to the New Urban Center Zoning District, Adopting an Addendum to the General Plan Program Environmental
Impact Report Pursuant to the California Environmental Quality Act, and Making Findings in Support Thereof
F. ADMINISTRATIVE HEARING ITEM(S)
G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICT
G1.8:00 P.M. TIME CERTAIN PUBLIC HEARING #1 Consideration of City Council Election District
Boundaries, to Include Discussion Regarding the Redistricting Process, Review of Permissible
Criteria to be Considered to Redraw City Council Election District Boundaries, and Receiving Public
Input on Communities of Interest and Potential District Boundaries. (CITY)
G2.Consideration to Approve the Community Development Block Grant (CDBG) Program Year 2020
2021 Consolidated Annual Performance and Evaluation Report (CAPER). (CITY)
G3.Consideration of a Resolution to Create a Residential Permit Parking District on Estacia Street,
Elmhurst Avenue, Stafford Street, Dorset Court, Effen Street, and Cambridge Avenue Between
Hermosa Avenue and Ramona Avenue Pursuant to Municipal Code Section 10.50. (RESOLUTION
NO. 2021100) (CITY)
H. CITY MANAGER'S STAFF REPORT(S)
H1.Consideration of a Resolution Proclaiming October 6, 2021, as California Clean Air Day.
(RESOLUTION NO 2021098) (CITY)
I. COUNCIL BUSINESS
I1.Consideration of Santa Tour Activities for 2021. (CITY)
I2.COUNCIL ANNOUNCEMENTS
(Comments to be limited to three minutes per Council Member.)
I3.INTERAGENCY UPDATES
(Update by the City Council to the community on the meetings that were attended.)
J. CITY ATTORNEY ITEMS
K. IDENTIFICATION OF ITEMS FOR NEXT MEETING
L. ADJOURNMENT
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
twentyfour (24) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho
Cucamonga, California; 12505 Cultural Center Drive, Rancho Cucamonga, CA, 91739; and on the City's website.
LINDA A. TROYAN, MMC
CITY CLERK SERVICES DIRECTOR
If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's
office at (909) 4772700. Notification of 48 hours prior to the meeting will enable the City to make reasonable
arrangements to ensure accessibility. Listening devices are available for the hearing impaired.
CITY COUNCIL VISION STATEMENT
“Our Vision is to build on our success as a world class community,to create
an equitable,sustainable,and vibrant city,rich in opportunity for all to thrive.”
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MayorL. Dennis MichaelMayor Pro TemLynne B. KennedyMembers of the CityCouncil:Ryan A. HutchisonKristine D. ScottSam Spagnolo CITY OF RANCHO CUCAMONGAREGULAR MEETING AGENDASeptember 15, 202110500 Civic Center DriveRancho Cucamonga, CA 91730 FIRE PROTECTION DISTRICT BOARD – CITY COUNCILHOUSING SUCCESSOR AGENCY SUCCESSOR AGENCY – PUBLICFINANCE AUTHORITYCLOSED SESSION TRICOMMUNITIES ROOM 4:30 P.M.REGULAR MEETINGS COUNCIL CHAMBERS 7:00 P.M.The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in theCouncil Chambers located at 10500 Civic Center Drive. It Is the Intent to conclude the meeting by 10:00p.m. unless extended by the concurrence of the City Council. Agendas, minutes, and recordings ofmeetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 9097742023. LiveBroadcast available on Channel 3 (RCTV 3).CLOSED SESSION – 4:30 P.M. TRICOMMUNITIES ROOM ROLL CALL: Mayor Michael Mayor Pro Tem Kennedy Council Members Hutchison, Scott, and Spagnolo A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)C. CITY MANAGER ANNOUNCEMENTSD. CONDUCT OF CLOSED SESSIOND1.CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCESDIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONSWITH THE RANCHO CUCAMONGA CITY EMPLOYEES ASSOCIATION (RCCEA), TEAMSTERSLOCAL 1932, RANCHO CUCAMONGA MANAGEMENT ASSOCIATION, EXECUTIVE MANAGEMENTGROUP, RANCHO CUCAMONGA FIREFIGHTERS LOCAL 2274, FIRE SUPPORT SERVICES ANDFIRE MANAGEMENT EMPLOYEES GROUP – (CITY/FIRE)D2.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: HIMNEL USA, INC. d/b/a ST.MARY'S MONTESSORI SCHOOL AND GLOBAL PROPERTY HOLDINGS LLC VS. CITY OFRANCHO CUCAMONGA, SBSC CASE NO.: CIVDS 2014554. – (CITY)D3.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: PEPE’S INC. V. CITY OFRANCHO CUCAMONGA, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OFCALIFORNIA, CASE NO. 5:20CV02506JGBSP – (CITY)D4.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 12467 BASE LINE ROAD IDENTIFIED AS PARCELNUMBERS 1090331030000, 1090331040000, 1089581040000; NEGOTIATING PARTIES JOHNGILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, ANDJOSEPH FILIPPI, JOSEPH FILIPPI WINERY AND VINEYARDS; REGARDING PRICE AND TERMS.– (CITY)D5.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY GENERALLY LOCATED ALONG THE WEST SIDE OF THE SANSEVAINE CHANNEL, PARALLEL TO TORREY PINE COURT, FURTHER IDENTIFIED AS SANBERNARDINO COUNTY TAX ASSESSOR’S PARCEL NUMBER 022804424; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHOCUCAMONGA, AND CHAO PING YANG, PROPERTY OWNER, REGARDING A PERMANENTEASEMENT FOR MULTIUSE PATH PURPOSES. – CITYD6.CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATIONPURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION54956.9: 1 CASE INVOLVING RJM DESIGN GROUP, TOVEYSCHULTZ CONSTRUCTION, INC.,AND OTHER PARTIES ARISING OUT OF ALLEGED DESIGN AND CONSTRUCTION DEFECTS ATTHE RC SPORTS CENTER – CITYD7.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8783 ETIWANDA AVENUE/12949 WHITTRAM AVENUE,FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER022916214; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND,PACIFIC AND CUTLER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND KULARTRUCK LINE, INC., OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNINGPRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SETFORTH ABOVE. – CITYD8.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 9333 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916223; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTHABOVE. – CITYD9.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8949 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916222; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTHABOVE. – CITYE. RECESS – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the CouncilChambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California.REGULAR MEETING – 7:00 P.M.COUNCIL CHAMBERSPLEDGE OF ALLEGIANCEROLL CALL:Mayor MichaelMayor Pro Tem KennedyCouncil Members Hutchison, Scott, and SpagnoloA. AMENDMENTS TO THE AGENDAB. ANNOUNCEMENT / PRESENTATIONSB1.Presentation of Certificate of Recognition Recognizing Delaney Spaulding, Team USA SoftballOlympian and Rancho Cucamonga Resident.B2.Presentation of Proclamations of Recognition to Library Board of Trustees Members Luella G.Hairston, Esq. and Mary Hannah, and Library Foundation Director Heidi Soehnel for Their Service tothe Rancho Cucamonga Public Library. B3.Presentation of a Proclamation Proclaiming the Month of September as Suicide Prevention Month.C. PUBLIC COMMUNICATIONSMembers of the City Council also sit as the Fire Board, Housing Successor Agency, SuccessorAgency, and Public Finance Authority. This is the time and place for the general public to addressthe Fire Protection District, Housing Successor Agency, Successor Agency, Public FinancingAuthority Board, and City Council on any item listed or not listed on the agenda. State law prohibits theFire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board,and City Council from addressing any issue not previously included on the Agenda. The Fire ProtectionDistrict, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Councilmay 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 theMayor, depending upon the number of individuals desiring to speak. All communications are to beaddressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to themembers 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 anyactivity which might be disruptive to the decorum of the meeting.The public communications period will not exceed one hour prior to the commencement of thebusiness portion of the agenda. During this one hour period, all those who wish to speak on a topiccontained in the business portion of the agenda will be given priority, and no further speaker cards for thesebusiness items (with the exception of public hearing items) will be accepted once the business portion of theagenda commences. Any other public communications which have not concluded during this one hour periodmay 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 noncontroversial. They will be actedupon without discussion unless an item is removed by Council Member for discussion.Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, andPublic Finance Authority and may act on the consent calendar for those bodies as part of a single motion withthe City Council consent calendar.D. CONSENT CALENDARD1.Consideration of Meeting Minutes for the Regular Meetings of July 21, 2021 and SpecialMeeting of September 1, 2021.D2.Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of$1,834,980.73 and City and Fire District Weekly Check Registers (Excluding Checks Issued toSouthern California Gas Company) in the Total Amount of $6,633,672.06 Dated August 23,2021 Through September 06, 2021. (CITY/FIRE) D3.Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued toSouthern California Gas Company in the Total Amount of $677,663.21 Dated August 23, 2021Through September 06, 2021. (CITY/FIRE)D4.Consideration of Reimbursement for the Etiwanda/San Sevaine Area Master Plan DrainageImprovements Program for Fiscal Year 2020/2021 and an Appropriation of $5,394 from theEtiwanda/San Sevaine Drainage Fund (Fund 116). (CITY)D5.Consideration to Approve an Amendment to a Special Services Agreement between the Cityof Rancho Cucamonga and Liebert Cassidy Whitmore, a Professional Law Corporation. (CITY)D6.Consideration of a Professional Services Agreement with Dapeer Rosenblit Litvak, LLP forLegal Services Related to the Municipal Code and Other Civil Matters. (CITY)D7.Consideration of an Improvement Agreement Extension for Case No. DRC201800430,Located East of Vineyard Avenue North of 8th Street, Submitted by Richard Collins Jr. (CITY)D8.Consideration to Accept as Complete, File a Notice of Completion, and Authorize Release ofRetention, and Bonds for the School Crosswalk Improvements Project, Contract No. 2021054.(CITY)D9.Consideration to Accept as Complete, File the Notice of Completion and Authorize Release ofRetention and Bonds for the Hellman Avenue Sidewalk Improvements and ADA Ramps atVarious Locations, Contract No. 2021053. (CITY)D10.Consideration to Accept Public Improvements Located in the Village Commercial (VC) Districtof the Victoria Planned Community, South of Attwood Court and West of Victoria Park Lane,Related to Case No. DRC201700889, as Complete, File the Notice of Completion, and
Authorize Release of Bonds. (CITY)
D11.Consideration of a Resolution to Set Residential Bear Resistant Container Solid Waste Rate
Within the City of Rancho Cucamonga. (RESOLUTION NO. 2021099) (CITY)
D12.Consideration of a Resolution Approving an Amendment to the Rancho Cucamonga City
Employees Association Salary Schedule for Fiscal Year 20212022, Including the Addition of
Supervising Traffic Systems Specialist Classification. (RESOLUTION NO. 2021105) (CITY)
D13.Consideration of the Improvement Agreement and Improvement Securities for Street
Improvements, Order Annexation to Landscape Maintenance District No. 3B, Street Light
Maintenance Districts Nos. 1 and 6 for Case No. DRC202000026, Located at the Southwest
Corner of 6th Street and Hyssop Drive. (RESOLUTION NO. 2021101), (RESOLUTION NO.
2021102), (RESOLUTION NO. 2021103) (CITY)
D14.Consideration of Resolutions of the Board of Directors of the Rancho Cucamonga Fire
Protection District, Rancho Cucamonga, California, Amending Resolutions FD 2021009,
2021010, and 2021011, and Approving Covenants and Restrictions for Real Property
Pursuant to Government Code Section 54233.5. (RESOLUTION NOS. FD 2021029, FD
2021030 AND FD 2021031) (FIRE)
D15.Consideration to Adopt a Resolution Approving Side Letter Agreements between the City of
Rancho Cucamonga and City Bargaining Units, Including a PartTime City Employee Benefit.
(RESOLUTION NO. 2021104) (CITY)
D16.Consideration to Adopt a Resolution Approving a Side Letter Agreement Between the Rancho
Cucamonga Fire Protection District and Fire District Bargaining Units, Including a PartTime
Employee Benefit Update. (RESOLUTION NO. FD 2021028). (FIRE)
D17.Consideration of an Amendment to the Agreement for Professional Services with SMGRancho
Cucamonga Premier Food Services LLC for Comprehensive Event and Meeting Sales,
Management, Catering, and Concession Services for Certain Spaces at the Victoria Gardens
Cultural Center and Lewis Family Playhouse. (CITY)
D18.Consideration to Approve Amendment No. 001 to Contract No. 18121 with KWall, LLC. for
Additional Website Development. (CITY)
E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION
E1.Consideration of Second Reading and Adoption of the Following:
Ordinance No. 983
An Ordinance of the City Council of the City of Rancho Cucamonga, California, Adopting Municipal Code Amendment
DRC202100281 to Amend Table 17.26.0201, Section 17.30.030, Table 17.30.0301, and Section 17.36.030 of the
Rancho Cucamonga Municipal Code to Establish Three New Zoning Districts and Adopt Associated Development
Standards and Permitted Uses for Each New Zoning District, Adopting Zoning Map Amendment DRC202100283 to
Rezone Certain Parcels as Set Forth Herein, Adopting an Addendum to the General Plan Program Environmental
Impact Report Pursuant to the California Environmental Quality Act, and Making Findings in Support Thereof
Ordinance No. 984
An Ordinance of the City Council of the City of Rancho Cucamonga, California, Approving Planned Community
Amendment DRC202100284 to Amend the Terra Vista Planned Community to Rezone 13 Parcels to the New Urban
Corridor Zoning District, Adopting an Addendum to the General Plan Program Environmental Impact Report Pursuant
to the California Environmental Quality Act, and Making Findings in Support Thereof
Ordinance No. 985
An Ordinance of the City Council of the City of Rancho Cucamonga, California, Adopting Planned Community
Amendment DRC202100285 to Amend the Victoria Planned Community to Rezone Six Parcels Within the Specific
Plan to the New Urban Center Zoning District, Adopting an Addendum to the General Plan Program Environmental
Impact Report Pursuant to the California Environmental Quality Act, and Making Findings in Support Thereof
F. ADMINISTRATIVE HEARING ITEM(S)
G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICT
G1.8:00 P.M. TIME CERTAIN PUBLIC HEARING #1 Consideration of City Council Election District
Boundaries, to Include Discussion Regarding the Redistricting Process, Review of Permissible
Criteria to be Considered to Redraw City Council Election District Boundaries, and Receiving Public
Input on Communities of Interest and Potential District Boundaries. (CITY)
G2.Consideration to Approve the Community Development Block Grant (CDBG) Program Year 2020
2021 Consolidated Annual Performance and Evaluation Report (CAPER). (CITY)
G3.Consideration of a Resolution to Create a Residential Permit Parking District on Estacia Street,
Elmhurst Avenue, Stafford Street, Dorset Court, Effen Street, and Cambridge Avenue Between
Hermosa Avenue and Ramona Avenue Pursuant to Municipal Code Section 10.50. (RESOLUTION
NO. 2021100) (CITY)
H. CITY MANAGER'S STAFF REPORT(S)
H1.Consideration of a Resolution Proclaiming October 6, 2021, as California Clean Air Day.
(RESOLUTION NO 2021098) (CITY)
I. COUNCIL BUSINESS
I1.Consideration of Santa Tour Activities for 2021. (CITY)
I2.COUNCIL ANNOUNCEMENTS
(Comments to be limited to three minutes per Council Member.)
I3.INTERAGENCY UPDATES
(Update by the City Council to the community on the meetings that were attended.)
J. CITY ATTORNEY ITEMS
K. IDENTIFICATION OF ITEMS FOR NEXT MEETING
L. ADJOURNMENT
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
twentyfour (24) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho
Cucamonga, California; 12505 Cultural Center Drive, Rancho Cucamonga, CA, 91739; and on the City's website.
LINDA A. TROYAN, MMC
CITY CLERK SERVICES DIRECTOR
If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's
office at (909) 4772700. Notification of 48 hours prior to the meeting will enable the City to make reasonable
arrangements to ensure accessibility. Listening devices are available for the hearing impaired.
CITY COUNCIL VISION STATEMENT
“Our Vision is to build on our success as a world class community,to create
an equitable,sustainable,and vibrant city,rich in opportunity for all to thrive.”
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MayorL. Dennis MichaelMayor Pro TemLynne B. KennedyMembers of the CityCouncil:Ryan A. HutchisonKristine D. ScottSam Spagnolo CITY OF RANCHO CUCAMONGAREGULAR MEETING AGENDASeptember 15, 202110500 Civic Center DriveRancho Cucamonga, CA 91730 FIRE PROTECTION DISTRICT BOARD – CITY COUNCILHOUSING SUCCESSOR AGENCY SUCCESSOR AGENCY – PUBLICFINANCE AUTHORITYCLOSED SESSION TRICOMMUNITIES ROOM 4:30 P.M.REGULAR MEETINGS COUNCIL CHAMBERS 7:00 P.M.The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in theCouncil Chambers located at 10500 Civic Center Drive. It Is the Intent to conclude the meeting by 10:00p.m. unless extended by the concurrence of the City Council. Agendas, minutes, and recordings ofmeetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 9097742023. LiveBroadcast available on Channel 3 (RCTV 3).CLOSED SESSION – 4:30 P.M. TRICOMMUNITIES ROOM ROLL CALL: Mayor Michael Mayor Pro Tem Kennedy Council Members Hutchison, Scott, and Spagnolo A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)C. CITY MANAGER ANNOUNCEMENTSD. CONDUCT OF CLOSED SESSIOND1.CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCESDIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONSWITH THE RANCHO CUCAMONGA CITY EMPLOYEES ASSOCIATION (RCCEA), TEAMSTERSLOCAL 1932, RANCHO CUCAMONGA MANAGEMENT ASSOCIATION, EXECUTIVE MANAGEMENTGROUP, RANCHO CUCAMONGA FIREFIGHTERS LOCAL 2274, FIRE SUPPORT SERVICES ANDFIRE MANAGEMENT EMPLOYEES GROUP – (CITY/FIRE)D2.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: HIMNEL USA, INC. d/b/a ST.MARY'S MONTESSORI SCHOOL AND GLOBAL PROPERTY HOLDINGS LLC VS. CITY OFRANCHO CUCAMONGA, SBSC CASE NO.: CIVDS 2014554. – (CITY)D3.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: PEPE’S INC. V. CITY OFRANCHO CUCAMONGA, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OFCALIFORNIA, CASE NO. 5:20CV02506JGBSP – (CITY)D4.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 12467 BASE LINE ROAD IDENTIFIED AS PARCELNUMBERS 1090331030000, 1090331040000, 1089581040000; NEGOTIATING PARTIES JOHNGILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, ANDJOSEPH FILIPPI, JOSEPH FILIPPI WINERY AND VINEYARDS; REGARDING PRICE AND TERMS.– (CITY)D5.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY GENERALLY LOCATED ALONG THE WEST SIDE OF THE SANSEVAINE CHANNEL, PARALLEL TO TORREY PINE COURT, FURTHER IDENTIFIED AS SANBERNARDINO COUNTY TAX ASSESSOR’S PARCEL NUMBER 022804424; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHOCUCAMONGA, AND CHAO PING YANG, PROPERTY OWNER, REGARDING A PERMANENTEASEMENT FOR MULTIUSE PATH PURPOSES. – CITYD6.CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATIONPURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION54956.9: 1 CASE INVOLVING RJM DESIGN GROUP, TOVEYSCHULTZ CONSTRUCTION, INC.,AND OTHER PARTIES ARISING OUT OF ALLEGED DESIGN AND CONSTRUCTION DEFECTS ATTHE RC SPORTS CENTER – CITYD7.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8783 ETIWANDA AVENUE/12949 WHITTRAM AVENUE,FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER022916214; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND,PACIFIC AND CUTLER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND KULARTRUCK LINE, INC., OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNINGPRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SETFORTH ABOVE. – CITYD8.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 9333 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916223; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTHABOVE. – CITYD9.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8949 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916222; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTHABOVE. – CITYE. RECESS – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the CouncilChambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California.REGULAR MEETING – 7:00 P.M.COUNCIL CHAMBERSPLEDGE OF ALLEGIANCEROLL CALL:Mayor MichaelMayor Pro Tem KennedyCouncil Members Hutchison, Scott, and SpagnoloA. AMENDMENTS TO THE AGENDAB. ANNOUNCEMENT / PRESENTATIONSB1.Presentation of Certificate of Recognition Recognizing Delaney Spaulding, Team USA SoftballOlympian and Rancho Cucamonga Resident.B2.Presentation of Proclamations of Recognition to Library Board of Trustees Members Luella G.Hairston, Esq. and Mary Hannah, and Library Foundation Director Heidi Soehnel for Their Service tothe Rancho Cucamonga Public Library. B3.Presentation of a Proclamation Proclaiming the Month of September as Suicide Prevention Month.C. PUBLIC COMMUNICATIONSMembers of the City Council also sit as the Fire Board, Housing Successor Agency, SuccessorAgency, and Public Finance Authority. This is the time and place for the general public to addressthe Fire Protection District, Housing Successor Agency, Successor Agency, Public FinancingAuthority Board, and City Council on any item listed or not listed on the agenda. State law prohibits theFire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board,and City Council from addressing any issue not previously included on the Agenda. The Fire ProtectionDistrict, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Councilmay 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 theMayor, depending upon the number of individuals desiring to speak. All communications are to beaddressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to themembers 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 anyactivity which might be disruptive to the decorum of the meeting.The public communications period will not exceed one hour prior to the commencement of thebusiness portion of the agenda. During this one hour period, all those who wish to speak on a topiccontained in the business portion of the agenda will be given priority, and no further speaker cards for thesebusiness items (with the exception of public hearing items) will be accepted once the business portion of theagenda commences. Any other public communications which have not concluded during this one hour periodmay 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 noncontroversial. They will be actedupon without discussion unless an item is removed by Council Member for discussion.Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, andPublic Finance Authority and may act on the consent calendar for those bodies as part of a single motion withthe City Council consent calendar.D. CONSENT CALENDARD1.Consideration of Meeting Minutes for the Regular Meetings of July 21, 2021 and SpecialMeeting of September 1, 2021.D2.Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of$1,834,980.73 and City and Fire District Weekly Check Registers (Excluding Checks Issued toSouthern California Gas Company) in the Total Amount of $6,633,672.06 Dated August 23,2021 Through September 06, 2021. (CITY/FIRE) D3.Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued toSouthern California Gas Company in the Total Amount of $677,663.21 Dated August 23, 2021Through September 06, 2021. (CITY/FIRE)D4.Consideration of Reimbursement for the Etiwanda/San Sevaine Area Master Plan DrainageImprovements Program for Fiscal Year 2020/2021 and an Appropriation of $5,394 from theEtiwanda/San Sevaine Drainage Fund (Fund 116). (CITY)D5.Consideration to Approve an Amendment to a Special Services Agreement between the Cityof Rancho Cucamonga and Liebert Cassidy Whitmore, a Professional Law Corporation. (CITY)D6.Consideration of a Professional Services Agreement with Dapeer Rosenblit Litvak, LLP forLegal Services Related to the Municipal Code and Other Civil Matters. (CITY)D7.Consideration of an Improvement Agreement Extension for Case No. DRC201800430,Located East of Vineyard Avenue North of 8th Street, Submitted by Richard Collins Jr. (CITY)D8.Consideration to Accept as Complete, File a Notice of Completion, and Authorize Release ofRetention, and Bonds for the School Crosswalk Improvements Project, Contract No. 2021054.(CITY)D9.Consideration to Accept as Complete, File the Notice of Completion and Authorize Release ofRetention and Bonds for the Hellman Avenue Sidewalk Improvements and ADA Ramps atVarious Locations, Contract No. 2021053. (CITY)D10.Consideration to Accept Public Improvements Located in the Village Commercial (VC) Districtof the Victoria Planned Community, South of Attwood Court and West of Victoria Park Lane,Related to Case No. DRC201700889, as Complete, File the Notice of Completion, andAuthorize Release of Bonds. (CITY)D11.Consideration of a Resolution to Set Residential Bear Resistant Container Solid Waste RateWithin the City of Rancho Cucamonga. (RESOLUTION NO. 2021099) (CITY)D12.Consideration of a Resolution Approving an Amendment to the Rancho Cucamonga CityEmployees Association Salary Schedule for Fiscal Year 20212022, Including the Addition ofSupervising Traffic Systems Specialist Classification. (RESOLUTION NO. 2021105) (CITY)D13.Consideration of the Improvement Agreement and Improvement Securities for StreetImprovements, Order Annexation to Landscape Maintenance District No. 3B, Street LightMaintenance Districts Nos. 1 and 6 for Case No. DRC202000026, Located at the SouthwestCorner of 6th Street and Hyssop Drive. (RESOLUTION NO. 2021101), (RESOLUTION NO.2021102), (RESOLUTION NO. 2021103) (CITY)D14.Consideration of Resolutions of the Board of Directors of the Rancho Cucamonga FireProtection District, Rancho Cucamonga, California, Amending Resolutions FD 2021009,2021010, and 2021011, and Approving Covenants and Restrictions for Real PropertyPursuant to Government Code Section 54233.5. (RESOLUTION NOS. FD 2021029, FD2021030 AND FD 2021031) (FIRE)D15.Consideration to Adopt a Resolution Approving Side Letter Agreements between the City ofRancho Cucamonga and City Bargaining Units, Including a PartTime City Employee Benefit.(RESOLUTION NO. 2021104) (CITY)D16.Consideration to Adopt a Resolution Approving a Side Letter Agreement Between the RanchoCucamonga Fire Protection District and Fire District Bargaining Units, Including a PartTimeEmployee Benefit Update. (RESOLUTION NO. FD 2021028). (FIRE)D17.Consideration of an Amendment to the Agreement for Professional Services with SMGRanchoCucamonga Premier Food Services LLC for Comprehensive Event and Meeting Sales,Management, Catering, and Concession Services for Certain Spaces at the Victoria GardensCultural Center and Lewis Family Playhouse. (CITY)
D18.Consideration to Approve Amendment No. 001 to Contract No. 18121 with KWall, LLC. for
Additional Website Development. (CITY)
E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION
E1.Consideration of Second Reading and Adoption of the Following:
Ordinance No. 983
An Ordinance of the City Council of the City of Rancho Cucamonga, California, Adopting Municipal Code Amendment
DRC202100281 to Amend Table 17.26.0201, Section 17.30.030, Table 17.30.0301, and Section 17.36.030 of the
Rancho Cucamonga Municipal Code to Establish Three New Zoning Districts and Adopt Associated Development
Standards and Permitted Uses for Each New Zoning District, Adopting Zoning Map Amendment DRC202100283 to
Rezone Certain Parcels as Set Forth Herein, Adopting an Addendum to the General Plan Program Environmental
Impact Report Pursuant to the California Environmental Quality Act, and Making Findings in Support Thereof
Ordinance No. 984
An Ordinance of the City Council of the City of Rancho Cucamonga, California, Approving Planned Community
Amendment DRC202100284 to Amend the Terra Vista Planned Community to Rezone 13 Parcels to the New Urban
Corridor Zoning District, Adopting an Addendum to the General Plan Program Environmental Impact Report Pursuant
to the California Environmental Quality Act, and Making Findings in Support Thereof
Ordinance No. 985
An Ordinance of the City Council of the City of Rancho Cucamonga, California, Adopting Planned Community
Amendment DRC202100285 to Amend the Victoria Planned Community to Rezone Six Parcels Within the Specific
Plan to the New Urban Center Zoning District, Adopting an Addendum to the General Plan Program Environmental
Impact Report Pursuant to the California Environmental Quality Act, and Making Findings in Support Thereof
F. ADMINISTRATIVE HEARING ITEM(S)
G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICT
G1.8:00 P.M. TIME CERTAIN PUBLIC HEARING #1 Consideration of City Council Election District
Boundaries, to Include Discussion Regarding the Redistricting Process, Review of Permissible
Criteria to be Considered to Redraw City Council Election District Boundaries, and Receiving Public
Input on Communities of Interest and Potential District Boundaries. (CITY)
G2.Consideration to Approve the Community Development Block Grant (CDBG) Program Year 2020
2021 Consolidated Annual Performance and Evaluation Report (CAPER). (CITY)
G3.Consideration of a Resolution to Create a Residential Permit Parking District on Estacia Street,
Elmhurst Avenue, Stafford Street, Dorset Court, Effen Street, and Cambridge Avenue Between
Hermosa Avenue and Ramona Avenue Pursuant to Municipal Code Section 10.50. (RESOLUTION
NO. 2021100) (CITY)
H. CITY MANAGER'S STAFF REPORT(S)
H1.Consideration of a Resolution Proclaiming October 6, 2021, as California Clean Air Day.
(RESOLUTION NO 2021098) (CITY)
I. COUNCIL BUSINESS
I1.Consideration of Santa Tour Activities for 2021. (CITY)
I2.COUNCIL ANNOUNCEMENTS
(Comments to be limited to three minutes per Council Member.)
I3.INTERAGENCY UPDATES
(Update by the City Council to the community on the meetings that were attended.)
J. CITY ATTORNEY ITEMS
K. IDENTIFICATION OF ITEMS FOR NEXT MEETING
L. ADJOURNMENT
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
twentyfour (24) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho
Cucamonga, California; 12505 Cultural Center Drive, Rancho Cucamonga, CA, 91739; and on the City's website.
LINDA A. TROYAN, MMC
CITY CLERK SERVICES DIRECTOR
If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's
office at (909) 4772700. Notification of 48 hours prior to the meeting will enable the City to make reasonable
arrangements to ensure accessibility. Listening devices are available for the hearing impaired.
CITY COUNCIL VISION STATEMENT
“Our Vision is to build on our success as a world class community,to create
an equitable,sustainable,and vibrant city,rich in opportunity for all to thrive.”
Page 7
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MayorL. Dennis MichaelMayor Pro TemLynne B. KennedyMembers of the CityCouncil:Ryan A. HutchisonKristine D. ScottSam Spagnolo CITY OF RANCHO CUCAMONGAREGULAR MEETING AGENDASeptember 15, 202110500 Civic Center DriveRancho Cucamonga, CA 91730 FIRE PROTECTION DISTRICT BOARD – CITY COUNCILHOUSING SUCCESSOR AGENCY SUCCESSOR AGENCY – PUBLICFINANCE AUTHORITYCLOSED SESSION TRICOMMUNITIES ROOM 4:30 P.M.REGULAR MEETINGS COUNCIL CHAMBERS 7:00 P.M.The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in theCouncil Chambers located at 10500 Civic Center Drive. It Is the Intent to conclude the meeting by 10:00p.m. unless extended by the concurrence of the City Council. Agendas, minutes, and recordings ofmeetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 9097742023. LiveBroadcast available on Channel 3 (RCTV 3).CLOSED SESSION – 4:30 P.M. TRICOMMUNITIES ROOM ROLL CALL: Mayor Michael Mayor Pro Tem Kennedy Council Members Hutchison, Scott, and Spagnolo A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)C. CITY MANAGER ANNOUNCEMENTSD. CONDUCT OF CLOSED SESSIOND1.CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCESDIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONSWITH THE RANCHO CUCAMONGA CITY EMPLOYEES ASSOCIATION (RCCEA), TEAMSTERSLOCAL 1932, RANCHO CUCAMONGA MANAGEMENT ASSOCIATION, EXECUTIVE MANAGEMENTGROUP, RANCHO CUCAMONGA FIREFIGHTERS LOCAL 2274, FIRE SUPPORT SERVICES ANDFIRE MANAGEMENT EMPLOYEES GROUP – (CITY/FIRE)D2.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: HIMNEL USA, INC. d/b/a ST.MARY'S MONTESSORI SCHOOL AND GLOBAL PROPERTY HOLDINGS LLC VS. CITY OFRANCHO CUCAMONGA, SBSC CASE NO.: CIVDS 2014554. – (CITY)D3.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: PEPE’S INC. V. CITY OFRANCHO CUCAMONGA, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OFCALIFORNIA, CASE NO. 5:20CV02506JGBSP – (CITY)D4.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 12467 BASE LINE ROAD IDENTIFIED AS PARCELNUMBERS 1090331030000, 1090331040000, 1089581040000; NEGOTIATING PARTIES JOHNGILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, ANDJOSEPH FILIPPI, JOSEPH FILIPPI WINERY AND VINEYARDS; REGARDING PRICE AND TERMS.– (CITY)D5.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY GENERALLY LOCATED ALONG THE WEST SIDE OF THE SANSEVAINE CHANNEL, PARALLEL TO TORREY PINE COURT, FURTHER IDENTIFIED AS SANBERNARDINO COUNTY TAX ASSESSOR’S PARCEL NUMBER 022804424; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHOCUCAMONGA, AND CHAO PING YANG, PROPERTY OWNER, REGARDING A PERMANENTEASEMENT FOR MULTIUSE PATH PURPOSES. – CITYD6.CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: INITIATION OF LITIGATIONPURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION54956.9: 1 CASE INVOLVING RJM DESIGN GROUP, TOVEYSCHULTZ CONSTRUCTION, INC.,AND OTHER PARTIES ARISING OUT OF ALLEGED DESIGN AND CONSTRUCTION DEFECTS ATTHE RC SPORTS CENTER – CITYD7.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8783 ETIWANDA AVENUE/12949 WHITTRAM AVENUE,FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER022916214; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND,PACIFIC AND CUTLER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND KULARTRUCK LINE, INC., OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNINGPRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SETFORTH ABOVE. – CITYD8.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 9333 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916223; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTHABOVE. – CITYD9.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION54956.8 FOR PROPERTY LOCATED AT 8949 ETIWANDA AVENUE, FURTHER IDENTIFIED ASSAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 022916222; NEGOTIATINGPARTIES, JOHN GILLISON, CITY MANAGER, AND OVERLAND, PACIFIC AND CUTLER,REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND SOUTHERN CALIFORNIA EDISON,OWNER; REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTHABOVE. – CITYE. RECESS – Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the CouncilChambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California.REGULAR MEETING – 7:00 P.M.COUNCIL CHAMBERSPLEDGE OF ALLEGIANCEROLL CALL:Mayor MichaelMayor Pro Tem KennedyCouncil Members Hutchison, Scott, and SpagnoloA. AMENDMENTS TO THE AGENDAB. ANNOUNCEMENT / PRESENTATIONSB1.Presentation of Certificate of Recognition Recognizing Delaney Spaulding, Team USA SoftballOlympian and Rancho Cucamonga Resident.B2.Presentation of Proclamations of Recognition to Library Board of Trustees Members Luella G.Hairston, Esq. and Mary Hannah, and Library Foundation Director Heidi Soehnel for Their Service tothe Rancho Cucamonga Public Library. B3.Presentation of a Proclamation Proclaiming the Month of September as Suicide Prevention Month.C. PUBLIC COMMUNICATIONSMembers of the City Council also sit as the Fire Board, Housing Successor Agency, SuccessorAgency, and Public Finance Authority. This is the time and place for the general public to addressthe Fire Protection District, Housing Successor Agency, Successor Agency, Public FinancingAuthority Board, and City Council on any item listed or not listed on the agenda. State law prohibits theFire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board,and City Council from addressing any issue not previously included on the Agenda. The Fire ProtectionDistrict, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Councilmay 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 theMayor, depending upon the number of individuals desiring to speak. All communications are to beaddressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to themembers 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 anyactivity which might be disruptive to the decorum of the meeting.The public communications period will not exceed one hour prior to the commencement of thebusiness portion of the agenda. During this one hour period, all those who wish to speak on a topiccontained in the business portion of the agenda will be given priority, and no further speaker cards for thesebusiness items (with the exception of public hearing items) will be accepted once the business portion of theagenda commences. Any other public communications which have not concluded during this one hour periodmay 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 noncontroversial. They will be actedupon without discussion unless an item is removed by Council Member for discussion.Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, andPublic Finance Authority and may act on the consent calendar for those bodies as part of a single motion withthe City Council consent calendar.D. CONSENT CALENDARD1.Consideration of Meeting Minutes for the Regular Meetings of July 21, 2021 and SpecialMeeting of September 1, 2021.D2.Consideration to Approve City and Fire District BiWeekly Payroll in the Total Amount of$1,834,980.73 and City and Fire District Weekly Check Registers (Excluding Checks Issued toSouthern California Gas Company) in the Total Amount of $6,633,672.06 Dated August 23,2021 Through September 06, 2021. (CITY/FIRE) D3.Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued toSouthern California Gas Company in the Total Amount of $677,663.21 Dated August 23, 2021Through September 06, 2021. (CITY/FIRE)D4.Consideration of Reimbursement for the Etiwanda/San Sevaine Area Master Plan DrainageImprovements Program for Fiscal Year 2020/2021 and an Appropriation of $5,394 from theEtiwanda/San Sevaine Drainage Fund (Fund 116). (CITY)D5.Consideration to Approve an Amendment to a Special Services Agreement between the Cityof Rancho Cucamonga and Liebert Cassidy Whitmore, a Professional Law Corporation. (CITY)D6.Consideration of a Professional Services Agreement with Dapeer Rosenblit Litvak, LLP forLegal Services Related to the Municipal Code and Other Civil Matters. (CITY)D7.Consideration of an Improvement Agreement Extension for Case No. DRC201800430,Located East of Vineyard Avenue North of 8th Street, Submitted by Richard Collins Jr. (CITY)D8.Consideration to Accept as Complete, File a Notice of Completion, and Authorize Release ofRetention, and Bonds for the School Crosswalk Improvements Project, Contract No. 2021054.(CITY)D9.Consideration to Accept as Complete, File the Notice of Completion and Authorize Release ofRetention and Bonds for the Hellman Avenue Sidewalk Improvements and ADA Ramps atVarious Locations, Contract No. 2021053. (CITY)D10.Consideration to Accept Public Improvements Located in the Village Commercial (VC) Districtof the Victoria Planned Community, South of Attwood Court and West of Victoria Park Lane,Related to Case No. DRC201700889, as Complete, File the Notice of Completion, andAuthorize Release of Bonds. (CITY)D11.Consideration of a Resolution to Set Residential Bear Resistant Container Solid Waste RateWithin the City of Rancho Cucamonga. (RESOLUTION NO. 2021099) (CITY)D12.Consideration of a Resolution Approving an Amendment to the Rancho Cucamonga CityEmployees Association Salary Schedule for Fiscal Year 20212022, Including the Addition ofSupervising Traffic Systems Specialist Classification. (RESOLUTION NO. 2021105) (CITY)D13.Consideration of the Improvement Agreement and Improvement Securities for StreetImprovements, Order Annexation to Landscape Maintenance District No. 3B, Street LightMaintenance Districts Nos. 1 and 6 for Case No. DRC202000026, Located at the SouthwestCorner of 6th Street and Hyssop Drive. (RESOLUTION NO. 2021101), (RESOLUTION NO.2021102), (RESOLUTION NO. 2021103) (CITY)D14.Consideration of Resolutions of the Board of Directors of the Rancho Cucamonga FireProtection District, Rancho Cucamonga, California, Amending Resolutions FD 2021009,2021010, and 2021011, and Approving Covenants and Restrictions for Real PropertyPursuant to Government Code Section 54233.5. (RESOLUTION NOS. FD 2021029, FD2021030 AND FD 2021031) (FIRE)D15.Consideration to Adopt a Resolution Approving Side Letter Agreements between the City ofRancho Cucamonga and City Bargaining Units, Including a PartTime City Employee Benefit.(RESOLUTION NO. 2021104) (CITY)D16.Consideration to Adopt a Resolution Approving a Side Letter Agreement Between the RanchoCucamonga Fire Protection District and Fire District Bargaining Units, Including a PartTimeEmployee Benefit Update. (RESOLUTION NO. FD 2021028). (FIRE)D17.Consideration of an Amendment to the Agreement for Professional Services with SMGRanchoCucamonga Premier Food Services LLC for Comprehensive Event and Meeting Sales,Management, Catering, and Concession Services for Certain Spaces at the Victoria GardensCultural Center and Lewis Family Playhouse. (CITY)D18.Consideration to Approve Amendment No. 001 to Contract No. 18121 with KWall, LLC. forAdditional Website Development. (CITY)E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTIONE1.Consideration of Second Reading and Adoption of the Following:Ordinance No. 983An Ordinance of the City Council of the City of Rancho Cucamonga, California, Adopting Municipal Code AmendmentDRC202100281 to Amend Table 17.26.0201, Section 17.30.030, Table 17.30.0301, and Section 17.36.030 of theRancho Cucamonga Municipal Code to Establish Three New Zoning Districts and Adopt Associated DevelopmentStandards and Permitted Uses for Each New Zoning District, Adopting Zoning Map Amendment DRC202100283 toRezone Certain Parcels as Set Forth Herein, Adopting an Addendum to the General Plan Program EnvironmentalImpact Report Pursuant to the California Environmental Quality Act, and Making Findings in Support ThereofOrdinance No. 984An Ordinance of the City Council of the City of Rancho Cucamonga, California, Approving Planned CommunityAmendment DRC202100284 to Amend the Terra Vista Planned Community to Rezone 13 Parcels to the New UrbanCorridor Zoning District, Adopting an Addendum to the General Plan Program Environmental Impact Report Pursuantto the California Environmental Quality Act, and Making Findings in Support ThereofOrdinance No. 985An Ordinance of the City Council of the City of Rancho Cucamonga, California, Adopting Planned CommunityAmendment DRC202100285 to Amend the Victoria Planned Community to Rezone Six Parcels Within the SpecificPlan to the New Urban Center Zoning District, Adopting an Addendum to the General Plan Program EnvironmentalImpact Report Pursuant to the California Environmental Quality Act, and Making Findings in Support ThereofF. ADMINISTRATIVE HEARING ITEM(S)G. ADVERTISED PUBLIC HEARINGS ITEM(S) CITY/FIRE DISTRICTG1.8:00 P.M. TIME CERTAIN PUBLIC HEARING #1 Consideration of City Council Election DistrictBoundaries, to Include Discussion Regarding the Redistricting Process, Review of PermissibleCriteria to be Considered to Redraw City Council Election District Boundaries, and Receiving PublicInput on Communities of Interest and Potential District Boundaries. (CITY)G2.Consideration to Approve the Community Development Block Grant (CDBG) Program Year 20202021 Consolidated Annual Performance and Evaluation Report (CAPER). (CITY)G3.Consideration of a Resolution to Create a Residential Permit Parking District on Estacia Street,Elmhurst Avenue, Stafford Street, Dorset Court, Effen Street, and Cambridge Avenue BetweenHermosa Avenue and Ramona Avenue Pursuant to Municipal Code Section 10.50. (RESOLUTIONNO. 2021100) (CITY)H. CITY MANAGER'S STAFF REPORT(S)H1.Consideration of a Resolution Proclaiming October 6, 2021, as California Clean Air Day.(RESOLUTION NO 2021098) (CITY) I. COUNCIL BUSINESSI1.Consideration of Santa Tour Activities for 2021. (CITY)I2.COUNCIL ANNOUNCEMENTS
(Comments to be limited to three minutes per Council Member.)
I3.INTERAGENCY UPDATES
(Update by the City Council to the community on the meetings that were attended.)
J. CITY ATTORNEY ITEMS
K. IDENTIFICATION OF ITEMS FOR NEXT MEETING
L. ADJOURNMENT
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
twentyfour (24) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho
Cucamonga, California; 12505 Cultural Center Drive, Rancho Cucamonga, CA, 91739; and on the City's website.
LINDA A. TROYAN, MMC
CITY CLERK SERVICES DIRECTOR
If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's
office at (909) 4772700. Notification of 48 hours prior to the meeting will enable the City to make reasonable
arrangements to ensure accessibility. Listening devices are available for the hearing impaired.
CITY COUNCIL VISION STATEMENT
“Our Vision is to build on our success as a world class community,to create
an equitable,sustainable,and vibrant city,rich in opportunity for all to thrive.”
Page 8
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Etiwanda Pacific
Electric Depot
National Register of Historic Places
Plaque Presentation
www.PETrail.org P.O. Box 9451 Rancho Cucamonga, CA 91730 Tax ID# 83-0415924
Historic Plaque presented by
the Native Sons of the Golden West
and Rio Hondo Parlor #294 N.S.G.W.
Etiwanda Depot 100th Anniversary 2014
Alta Loma “Bump” to accommodate citrus industry –
and transport passengers on the ORIGINAL RED CAR
Artist rendering
CUCAMONGA CHALLENGE
Equestrian Sherriff's attend the
CUCAMONGA CHALLENGE
Friends with cross country cyclists
CHICAGO TO SANTA MONICA
Exterior photo of Etiwanda Depot
Depot interior looking into ticket office
Interior steps to loading dock
Depot loading platform
Freight landing at Depot
Depot waiting room interior doorway
Depot truss framework
Arched doorway Depot interior
Securing the Depot until future restoration
RCFD with the Friends of the Pacific Electric Trail
post 100th anniversary board up in 2014
Community working together
Friends and Volunteers
clean up Depot 2014
Community event co-hosted by the
Friends of the Pacific Electric Trail (PET)
Lapel pin honoring Depot tile emblem
designed by Irving Gil
Bob Curtis
First President of the Friends of the PE Trail
Corner view of the Etiwanda
Pacific Electric Depot
Depot waiting room entrance…
“Historic gathering place”
waiting to be reimagined…..
DRAFT
September 1, 2021 City Council Special Meeting Minutes
City of Rancho Cucamonga | Page 1 of 2
September 1, 2021
CITY OF RANCHO CUCAMONGA
CITY COUNCIL/FIRE PROTECTION DISTRICT SPECIAL MEETING MINUTES
The City of Rancho Cucamonga City Council held a Special Meeting on Wednesday, September 1, 2021, in the
Tri-Communities Conference Room at City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga,
California. Mayor Michael called the meeting to order at 2:39 p.m.
Present were Councilmembers: Ryan Hutchison, Kristine Scott, Mayor Pro Tem Lynne Kennedy, and Mayor L.
Dennis Michael. Absent: Councilmember Sam Spagnolo.
Also present were: John Gillison, City Manager; 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.
Council Member Spagnolo led the pledge of allegiance.
B. PUBLIC COMMUNICATIONS
There were no public communications.
C. ITEMS OF DISCUSSION
C1. Update on the Second Story and Beyond® Capital Project. (Verbal Report) (CITY)
Via PowerPoint, Julie Sowles, Library Director, gave an overview of the project, including goals and types of
play. Wess Garcia, Deputy Library Director, described the scope and design of the project.
John Gillison, City Manager, addressed the project's timeline and funding sources, including a potential Federal
budget earmark from a NASA fund.
He distributed a letter dated August 19, 2021, from the Rancho Cucamonga Library Foundation Board outlining
the Foundation's revised financial commitment to support the annual programming expenses, which will begin
after the capital project has concluded. The Library Foundation's original annual commitment was $250,000, and
their revised financial commitment outlined in the August 19, 2021 letter totals $625,000 for Fiscal Years 2022-
23 through 2026-27. Extrapolated through Fiscal Year 2029-2030, the difference is expected to total
approximately $950,000. The Library Foundation has agreed to the following financial commitment over the next
five (5) years:
Fiscal Year Amount
2022-23 $ 75,000
2023-24 $100,000
2024-25 $125,000
2025-26 $150,000
2026-27 $175,000
Total $625,000
John Gillison, City Manager, advised to keep on schedule, additional fundraising efforts are needed by the City
Council to raise the projected difference in total funding.
Since the project will be a regional amenity, contributors can be pursued from larger areas than Rancho
Cucamonga, including San Bernardino and Riverside Counties. He has consulted the City Attorney regarding
Council fundraising efforts and was advised Council can fundraise for this type of project, but donations would
need to be reported as a behested payment.
Pam Easter, Member of the Library Foundation Board, acknowledged the Foundation's Fundraising Committee
would be interested in working with the City and sharing information. Tim Johnson is the Chair of the Committee.
Page 9
DRAFT September 1, 2021 City Council Special Meeting Minutes
City of Rancho Cucamonga | Page 2 of 2
Council consensus to work as a team and assist the Library Foundation in fundraising efforts for the Second
Story and Beyond® Capital Project. Council's fundraising efforts to make up the difference ($950,000) between
the Library Foundation's original commitment ($2,250,000) and the projected revised financial commitment
($1,300,000) beginning with Fiscal Year 2022-23 and ending Fiscal Year 2029-30.
The next steps include staff working with the Library Subcommittee and a joint City Council and Library
Foundation meeting in the future. In response to Council, staff to provide a list of current library donors.
C2. Consideration from the City Council / Fire Board to Direct Staff Whether to Proceed with the Feasibility to
Construct a 9/11 Memorial. (Verbal Report) (FIRE)
Mike McCliman, Deputy Fire Chief, presented a PowerPoint presentation outlining the history and previous
design concepts and costs for a permanent 9/11 memorial consisting of steel remnants from the World Trade
Center Tower 2.
Chief McCliman noted at August 26, 2020, Council meeting when this item was last discussed, Council
established a fundraising goal of $150,000 by 9/11/2021, with the City doing outreach to residents on the City's
webpage for community feedback and promoting the project and to revisit the item in 2021. Unfortunately, to
date, no funds have been raised.
Elisa Cox, Deputy City Manager, outlined the three memorial options for the Fire Board's consideration: (1)
placement at RCFPD All Risk Training Center, (2) placement at RCFPD Fire Station 178, or (3) donating the
steel remnants to another entity.
Councilmember Hutchison requested to include a plaque honoring those who passed away in Afghanistan since
the war as a result of the 9/11 attack. Mayor Michael and Mayor Pro Tem Kennedy recommended that the plaque
not be limited and pay tribute to all past, present, and future. Council consensus for plaque to be timeless.
Mayor Michael acknowledged that he spoke to Councilmember Spagnolo could not make this meeting, and he
agrees with placement at Fire Station 178.
Council consensus to implement staff's recommendation to construct the 9/11 Memorial at Fire Station 178 as
follows:
Design and funding recommendations:
• Design of a less complex concept, including removal of the costly water feature
• Budget not to exceed $1 million with joint funding by the City ($300,000) and Fire District ($700,000)
• Funding supplemented by community partnerships (ex. Firefighters Association) and sponsorship
opportunities (ex. personalized bricks, benches, monument sign)
Advantages of this location include:
• Centralized location within the City
• Increased public accessibility and availability of parking
• Construction of Fire Station 178 is scheduled to begin in 2022
• Project can be included as an amendment to the Fire District's design-build contract for Fire Station 178
D. ADJOURNMENT
Mayor Michael adjourned the meeting at 4:20 p.m.
Respectfully submitted,
__________________________________
Linda A. Troyan, MMC
City Clerk Services Director
Approved:
Page 10
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July 21, 2021 | Fire Protection District, Housing Successor Agency, Successor Agency,
Public Finance Authority and City Council Regular Meetings Minutes
City of Rancho Cucamonga | Page 1 of 6
July 21, 2021
CITY OF RANCHO CUCAMONGA
FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY,
PUBLIC FINANCE AUTHORITY AND CITY COUNCIL REGULAR MEETINGS MINUTES
The City Council of the City of Rancho Cucamonga held a closed session on Wednesday, July 21, 2021, in the Tri-
Communities 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.
A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)
B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)
No public communications were made.
C. CITY MANAGER ANNOUNCEMENTS
None.
D. CONDUCT OF CLOSED SESSION
D1. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO
PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: HIMNEL USA,
INC. d/b/a ST. MARY'S MONTESSORI SCHOOL AND GLOBAL PROPERTY HOLDINGS LLC VS.
CITY OF RANCHO CUCAMONGA, SBSC CASE NO.: CIVDS 2014554. – (CITY)
D2. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO
PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: PEPE’S INC.
V. CITY OF RANCHO CUCAMONGA, UNITED STATES DISTRICT COURT, CENTRALDISTRICT
OF CALIFORNIA, CASE NO. 5:20CV02506JGBSP – (CITY)
D3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE
SECTION 54956.8 FOR PROPERTY LOCATED AT 12467 BASELINE ROAD IDENTIFIED AS
PARCEL NUMBERS 1090331030000, 1090331040000, 1089581040000; NEGOTIATING
PARTIES JOHN GILLISON, CITY MANAGER REPRESENTING THE CITY OF RANCHO
CUCAMONGA, AND JOSEPH FILIPPI, JOSEPH FILIPPI WINERY AND VINEYARDS;
REGARDING PRICE AND TERMS. – (CITY)
D4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE
SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE NORTH WEST CORNER
OF HAVEN AVENUE AND CIVIC CENTER DRIVE IDENTIFIED AS PARCEL NUMBER
020833140; AND 020833147; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER AND
MATT BURRIS, DEPUTY CITY MANAGER REPRESENTING THE CITY OF RANCHO
CUCAMONGA; AND CHRIS HYUN, JRC REAL ESTATE INVESTMENT CORP REGARDING
PRICE AND TERMS. (CITY)
Page 11
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D5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE
SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE SOUTH WEST
CORNER OF SAN BERNARDINO RD. AND KLUSMAN ROAD IDENTIFIED AS PARCEL
NUMBER 0208-151-24-0000 COMMONLY KNOWN AS 9591 SAN BERNARDINO RD.,
RANCHO CUCAMONGA, CA 91730; NEGOTIATING PARTIES JOHN GILLISON, CITY
MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND EDUARDO
ESPINOZA, CUCAMONGA VALLEY WATER DISTRICT; REGARDING PRICE AND TERMS. –
CITY
E. RECESS
The closed session recessed at 6:30 p.m.
REGULAR MEETING – 7:00 p.m.
CALL TO ORDER – COUNCIL CHAMBERS
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 July 21, 2021, 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 Kennedy,
and Mayor L. Dennis Michael.
Also present were: John Gillison, City Manager; James L. Markman, City Attorney; and Linda A. Troyan, MMC,
Director of City Clerk Services.
Council Member Scott led the Pledge of Allegiance.
A. AMENDMENTS TO THE AGENDA
City Clerk Services Director Troyan announced the addition of a new presentation under the
Announcements/Presentations section of the agenda.
B. ANNOUNCEMENTS/PRESENTATIONS
B1. Presentation of a Certificate of Recognition to Rancho Cucamonga Police Department Deputy Joe Silva
for Heroically Rescuing a Resident from a Structure Fire.
Mayor Michael and Members of the City Council along with Fire Chief Rojer presented Certificates of Recognition
to Deputy Joe Silva, Rancho Cucamonga Police Department and Deputy Jamal Warren, Rancho Cucamonga
Police Department for heroically rescuing a resident from a structure fire. Mayor Michael also acknowledged the
receipt and presented Certificates of Recognition to Deputy Silva and Deputy Warren from State Senator Ochoa
Bogh’s office, California’s 23rd District.
B2. Presentation of a Certificate of Recognition to Rock Hill Church for their Support and Dedication to
Emergency Responders and Hosting the 2021 First Responders Appreciation Celebration.
Mayor Michael and Members of the City Council presented Certificates of Recognition to Seth Brown, Worship
and Young Adults Pastor and Daniel Foster, Youth Pastor from Rock Hills Church for their support and dedication
to Emergency Responders and for hosting the 2021 First Responders Celebration event.
Page 12
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City of Rancho Cucamonga | Page 3 of 6
C. PUBLIC COMMUNICATIONS
Janet Walton, displayed a video titled “Americas Anthem”.
D. CONSENT CALENDAR
D1. Consideration of Meeting Minutes for the Regular Meetings of June 16, 2021.
D2. Consideration to Approve City and Fire District Bi-Weekly Payroll in the Total Amount of $1,891,155.22
and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California
Gas Company) in the Total Amount of $2,588,812.06 Dated June 28, 2021 Through July 11, 2021 and
City and Fire District Electronic Debit Registers for the Month of June in the Total Amount of
$5,771,600.03. (CITY/FIRE)
D3. Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to Southern
California Gas Company in the Total Amount of $9,905.20 Dated June 28, 2021 Through July 11,
2021. (CITY/FIRE)
D4. Consideration to Receive and File Current Investment Schedules as of June 30, 2021 for the City of
Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. (CITY/FIRE)
D5. Consideration of Resolutions Approving the Special Tax Levy for Community Facilities District Nos.
85-1 and 88-1 for Fiscal Year 2021/22. (RESOLUTION NO. FD 2021-023, RESOLUTION NO. FD
2021-024) (FIRE)
D6. Consideration of a Resolution Adopting an Amendment to the Fire Support Services Association
Salary Schedule for Fiscal Year 2021-2022. (RESOLUTION NO. FD 2021-021) (FIRE)
D7. Consideration of a Resolution Confirming Unpaid Weed and Fire Hazard Abatement Fees and
Authorizing a Special Assessment on Affected Parcels on the Next Tax Roll. (RESOLUTION NO.
2021-080) (CITY)
D8. Consideration of a Professional Services Agreement with HdL Coren & Cone for Property Tax
Management, Information, and Audit Services. (CITY)
D9. Consideration of Amendment No. 13 to the Professional Service Agreement with All City Management
Services, Inc. for Crossing Guard Services (CO#13-50) Renewing the Agreement for Fiscal Years
2021/2022 and 2022/2023. (CITY)
D10. Consideration of an Offer to Purchase the Real Property Owned by the City Located at the Southerly
Terminus of Layton Street South of La Mesa Drive by Cucamonga Valley Water District. (CITY)
D11. Recommendation to Reject All Bids Received for the Traffic Signal Modification at Base Line Road
and Spruce Avenue Project. (CITY)
D12. Consideration of Amendment No. 5 to the Professional Services Agreement with Commercial Cleaning
Systems (CO 17-141) for Citywide Janitorial Services in an Amount Not to Exceed $1,038,181 FY
2021/2022. (CITY)
D13. Recommendation to Reject All Bids Received for the Central Park Dog Park project. (CITY)
Page 13
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City of Rancho Cucamonga | Page 4 of 6
D14. Consideration of Resolutions Approving the Special Tax Levy for Various Community Facilities
Districts and the Special Annual Benefit Assessment for Drainage Area No. 91-2 for Fiscal Year
2021/22. (RESOLUTION NO’S. 2021-063, 2021-064, 2021-065, 2021-066, 2021-067, 2021-068,
2021-069, 2021-070, 2021-071, 2021-072, 2021-073, 2021-074, 2021-075 AND 2021-076) (CITY)
MOTION: Moved by Council Member Spagnolo, seconded by Council Member Hutchison, to approve Consent
Calendar Items D1 through D14, with Council Member Scott abstaining from item D3 due to her employment
with Southern California Gas Company. Motion carried, 5-0.
E. CONSENT CALENDAR ORDINANCE(S) SECOND READING/ADOPTION
E1. Consideration of Second Reading and Adoption of Ordinance No. 982, to be Read by Title Only and
Waive Further Reading, Amending Title 17 (Development Code) of the Rancho Cucamonga
Municipal Code to Modify Administrative Procedures within the Development Code and Establish
New Zoning Districts, Amend Land Uses and Definitions and Create New Development Standards
for Industrial Development within the City. This Item is Exempt from the Requirements of the
California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines under CEQA
Guidelines Section 15061(b)(3) (DRC2021-00170). (ORDINANCE NO. 982) (CITY)
City Manager Gillison clarified that the City received two letters from Phelan Development dated July 20th
and July 21st which are included as part of the record and on the dais before Council. He has been in
discussion with legal counsel regarding a response to their request to meet with Council without staff and
legal counsel. As Phelan Development noted in their letter and during staff discussions with them, they
continue to make the point that if the Development Code amendment is approved their buildings would no
longer be able to be occupied by industrial tenants that would otherwise be allowed to occupy them. This is
why they say the Code Amendment is unacceptable. Staff has asked for examples from Phelan
Development, but none have been received by the City. Mr. Gillison shared that the City will continue to
work with Phelan Development in the future, but their proposal has been that the City’s Code is
unacceptable.
MOTION: Moved by Council Member Spagnolo, seconded by Council Member Scott, to adopt Ordinance
No. 982, by title only and waive full reading.
Linda Troyan, City Clerk Services Director read the title of Ordinance No. 982.
VOTES NOW CAST ON MOTION: Moved by Council Member Spagnolo, seconded by Council Member Scott,
to adopt Ordinance No. 982, by title only and waive full reading. Motion carried 5-0.
F. ADMINISTRATIVE HEARING ITEM(S)
None.
G. ADVERTISED PUBLIC HEARING ITEM(S) – CITY/FIRE DISTRICT
G1. Consideration of a Resolution Adopting the Fire District’s General Fund Final Budget for Fiscal Year
2021/22. (RESOLUTION NO. FD 2021-022) (FIRE)
City Manager Gillison provided a Staff Report on Resolution No. FD 2021-022.
Page 14
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Public Finance Authority and City Council Regular Meetings Minutes
City of Rancho Cucamonga | Page 5 of 6
Mayor Michael opened the Public Hearing.
No public communications were made.
Mayor Michael closed the Public Hearing.
MOTION: Moved by Council Member Scott, seconded by Council Member Hutchison to adopt Resolution No. FD
2021-022, adopting the Fire District’s General Fund Final Budget for Fiscal Year 2021/22. Motion carried 5-0.
G2. Consideration of Resolutions Confirming the Diagrams and Assessments and Ordering the Levy and
Collection of Annual Assessments for Landscape Maintenance Districts; Street Lighting Maintenance
Districts; and Park and Recreation Improvement District No. PD-85 for Fiscal Year 2021/22.
(RESOLUTION NO. 2021-077, RESOLUTION NO. 2021-078, RESOLUTION NO. 2021-079) (CITY)
City Manager Gillison introduced Noah Daniels, Deputy Director of Finance, who provided a Staff Report.
Mayor Michael opened the Public Hearing.
No public communications were made.
Mayor Michael closed the Public Hearing.
MOTION: Moved by Council Member Hutchison, seconded by Council Member Scott, to adopt Resolution No’s.
2021-077, 2021-078 and 2021-079, confirming the diagrams and assessments and ordering the levy and
collection of annual assessments for Landscape Maintenance Districts; Street Lighting Maintenance Districts;
and Park and Recreation Improvement District No. PD-85 for Fiscal Year 2021/22. Motion carried 5-0.
H. CITY MANAGERS STAFF REPORT(S)
None.
I. COUNCIL BUSINESS
I2. COUNCIL ANNOUNCEMENTS
Mayor Michael congratulated Mayor Pro Tem Kennedy for being selected to serve on the Cal Cities Board
of Directors.
Mayor Pro Tem Kennedy thanked Mayor Michael and Council Member Spagnolo for their mentorship.
I3.INTERAGENCY UPDATES
None.
J. CITY ATTORNEY ITEMS
None.
K. IDENTIFICATION OF ITEMS FOR NEXT MEETING
None.
Page 15
DRAFT
July 21, 2021 | Fire Protection District, Housing Successor Agency, Successor Agency,
Public Finance Authority and City Council Regular Meetings Minutes
City of Rancho Cucamonga | Page 6 of 6
L. ADJOURNMENT
Mayor Michael adjourned the meeting at 7:31 p.m.
Respectfully submitted,
__________________________________
Linda A. Troyan, MMC
City Clerk Services Director
Approved:
Page 16
DATE:September 15, 2021
TO:Mayor and Members of the City Council
President and Members of the Boards of Directors
FROM:John R. Gillison, City Manager
INITIATED BY:Tamara L. Oatman, Finance Director
Veronica Lopez, Accounts Payable Supervisor
SUBJECT:Consideration to Approve City and Fire District Bi-Weekly Payroll in the
Total Amount of $1,834,980.73 and City and Fire District Weekly Check
Registers (Excluding Checks Issued to Southern California Gas
Company) in the Total Amount of $6,633,672.06 Dated August 23, 2021
Through September 06, 2021. (CITY/FIRE)
RECOMMENDATION:
Staff recommends City Council/Board of Directors of the Fire Protection District approve
payment of demands as presented. Bi-weekly payroll is $1,063,294.46 and $771,686.27 for the
City and the Fire District, respectively. Weekly check register amounts are $6,509,594.36 and
$124,077.70 for the City and the Fire District, respectively.
BACKGROUND:
N/A
ANALYSIS:
N/A
FISCAL IMPACT:
Adequate budgeted funds are available for the payment of demands per the attached listing.
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
N/A
ATTACHMENTS:
Attachment 1 - Weekly Check Register
Page 17
Agenda Check Register
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Excluding So Calif Gas Company.
AND
CITY OF RANCHO CUCAMONGA
8/23/2021 through 9/6/2021
Check No.Check Date Vendor Name City Fire Amount
AP 00012958 08/24/2021 AHUMADA, ALEXANDER R 0.00 619.50 619.50
AP 00012959 08/24/2021 ALMAND, LLOYD 0.00 619.50 619.50
AP 00012960 08/24/2021 BANTAU, VICTORIA 0.00 505.96 505.96
AP 00012961 08/24/2021 BAZAL, SUSAN 0.00 865.08 865.08
AP 00012962 08/24/2021 BELL, MICHAEL L 0.00 1,929.14 1,929.14
AP 00012963 08/24/2021 BERRY, DAVID 0.00 1,274.32 1,274.32
AP 00012964 08/24/2021 BROCK, ROBIN 0.00 1,274.32 1,274.32
AP 00012965 08/24/2021 CAMPBELL, GERALD 0.00 851.32 851.32
AP 00012966 08/24/2021 CAMPBELL, STEVEN 0.00 619.50 619.50
AP 00012967 08/24/2021 CARNES, KENNETH 0.00 505.96 505.96
AP 00012968 08/24/2021 CLABBY, RICHARD 0.00 1,196.68 1,196.68
AP 00012969 08/24/2021 CLOUGHESY, DONALD R 0.00 2,550.78 2,550.78
AP 00012970 08/24/2021 CORCORAN, ROBERT ANTHONY 0.00 893.07 893.07
AP 00012971 08/24/2021 COSTELLO, DENNIS M 0.00 2,550.78 2,550.78
AP 00012972 08/24/2021 COX, KARL 0.00 619.50 619.50
AP 00012973 08/24/2021 CRANE, RALPH 0.00 619.50 619.50
AP 00012974 08/24/2021 CROSSLAND, WILBUR 0.00 505.96 505.96
AP 00012975 08/24/2021 CURATALO, JAMES 0.00 1,274.32 1,274.32
AP 00012976 08/24/2021 DAGUE, JAMES 0.00 1,246.33 1,246.33
AP 00012977 08/24/2021 DE ANTONIO, SUSAN 0.00 893.07 893.07
AP 00012978 08/24/2021 DEANS, JACKIE 0.00 238.25 238.25
AP 00012979 08/24/2021 DOMINICK, SAMUEL A 0.00 1,274.32 1,274.32
AP 00012980 08/24/2021 EAGLESON, MICHAEL 0.00 1,929.14 1,929.14
AP 00012981 08/24/2021 EGGERS, BOB 0.00 1,246.33 1,246.33
AP 00012982 08/24/2021 FEJERAN, TIM 0.00 1,598.58 1,598.58
AP 00012983 08/24/2021 FRITCHEY, JOHN D 0.00 505.96 505.96
AP 00012984 08/24/2021 HEYDE, DONALD 0.00 619.50 619.50
AP 00012985 08/24/2021 INTERLICCHIA, ROSALYN 0.00 238.25 238.25
AP 00012986 08/24/2021 JERKINS, PATRICK 0.00 1,598.58 1,598.58
AP 00012987 08/24/2021 KILMER, STEPHEN 0.00 1,196.68 1,196.68
AP 00012988 08/24/2021 KIRKPATRICK, WILLIAM M 0.00 903.04 903.04
AP 00012989 08/24/2021 LANE, WILLIAM 0.00 619.50 619.50
AP 00012990 08/24/2021 LARKIN, DAVID W 0.00 1,598.58 1,598.58
AP 00012991 08/24/2021 LEE, ALLAN J 0.00 238.25 238.25
AP 00012992 08/24/2021 LENZE, PAUL E 0.00 1,274.32 1,274.32
AP 00012993 08/24/2021 LONCAR, PHILIP 0.00 1,196.68 1,196.68
AP 00012994 08/24/2021 LONGO, JOE 0.00 181.48 181.48
AP 00012995 08/24/2021 LUTTRULL, DARRELL 0.00 505.96 505.96
AP 00012996 08/24/2021 MACKALL, BEVERLY 0.00 181.48 181.48
AP 00012997 08/24/2021 MAYFIELD, RON 0.00 619.50 619.50
AP 00012998 08/24/2021 MCKEE, JOHN 0.00 619.50 619.50
AP 00012999 08/24/2021 MCNEIL, KENNETH 0.00 619.50 619.50
AP 00013000 08/24/2021 MICHAEL, L. DENNIS 0.00 619.50 619.50
AP 00013001 08/24/2021 MORGAN, BYRON 0.00 1,838.72 1,838.72
AP 00013002 08/24/2021 MYSKOW, DENNIS 0.00 1,196.68 1,196.68
AP 00013003 08/24/2021 NAUMAN, MICHAEL 0.00 505.96 505.96
AP 00013004 08/24/2021 NEE, RON 0.00 865.08 865.08
08:30:50
09/07/2021Current Date:VLOPEZ - Veronica Lopez Page:1
Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout
User:
Report:Page 18
Agenda Check Register
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Excluding So Calif Gas Company.
AND
CITY OF RANCHO CUCAMONGA
8/23/2021 through 9/6/2021
Check No.Check Date Vendor Name City Fire Amount
AP 00013005 08/24/2021 NELSON, MARY JANE 0.00 181.48 181.48
AP 00013006 08/24/2021 NOREEN, ERIC 0.00 2,550.78 2,550.78
AP 00013007 08/24/2021 O'BRIEN, TOM 0.00 1,379.46 1,379.46
AP 00013008 08/24/2021 PLOUNG, MICHAEL J 0.00 556.94 556.94
AP 00013009 08/24/2021 POST, MICHAEL R 0.00 1,377.34 1,377.34
AP 00013010 08/24/2021 PROULX, PATRICK 0.00 1,274.32 1,274.32
AP 00013011 08/24/2021 REDMOND, MIKE 0.00 619.50 619.50
AP 00013012 08/24/2021 ROBERTS, BRENT 0.00 893.07 893.07
AP 00013013 08/24/2021 ROBERTS, CHERYL L 0.00 2,550.78 2,550.78
AP 00013014 08/24/2021 ROEDER, JEFF 0.00 1,929.14 1,929.14
AP 00013015 08/24/2021 SALISBURY, THOMAS 0.00 619.50 619.50
AP 00013016 08/24/2021 SMITH, RONALD 0.00 505.96 505.96
AP 00013017 08/24/2021 SORENSEN, SCOTT D 0.00 1,873.16 1,873.16
AP 00013018 08/24/2021 SPAGNOLO, SAM 0.00 505.96 505.96
AP 00013019 08/24/2021 SPAIN, WILLIAM 0.00 851.32 851.32
AP 00013020 08/24/2021 SULLIVAN, JAMES 0.00 505.96 505.96
AP 00013021 08/24/2021 TAYLOR, STEVEN 0.00 2,027.69 2,027.69
AP 00013022 08/24/2021 TULEY, TERRY 0.00 1,929.14 1,929.14
AP 00013023 08/24/2021 VANDERKALLEN, FRANCIS 0.00 619.50 619.50
AP 00013024 08/24/2021 VARNEY, ANTHONY 0.00 1,274.32 1,274.32
AP 00013025 08/24/2021 WALTON, KEVIN 0.00 1,598.58 1,598.58
AP 00013026 08/24/2021 YOWELL, TIMOTHY A 0.00 619.50 619.50
AP 00013027 08/25/2021 CALIF GOVERNMENT VEBA / RANCHO CUCAMONGA 25,562.19 0.00 25,562.19
AP 00013028 08/25/2021 ELECNOR BELCO ELECTRIC INC 239,164.88 0.00 239,164.88
AP 00013029 08/25/2021 ESRI 1,701.00 0.00 1,701.00
AP 00013030 08/25/2021 RCCEA 1,589.25 0.00 1,589.25
AP 00013031 08/25/2021 RCPFA 12,722.70 0.00 12,722.70
AP 00013032 08/25/2021 RE ASTORIA 2 LLC 121,865.87 0.00 121,865.87
AP 00013033 08/25/2021 RICHARDS WATSON AND GERSHON 71,559.16 0.00 71,559.16
AP 00013034 08/25/2021 RIVERSIDE, CITY OF 6,909.00 0.00 6,909.00
AP 00013035 08/25/2021 SAN BERNARDINO CTY SHERIFFS DEPT 3,712,993.00 0.00 3,712,993.00
AP 00013036 08/25/2021 MOFFATT & NICHOL 184,984.22 0.00 184,984.22
AP 00013037 08/25/2021 RICHARDS WATSON AND GERSHON 24,478.48 0.00 24,478.48
AP 00013038 08/26/2021 HOLLIDAY ROCK CO INC 6,549.20 0.00 6,549.20
AP 00013039 08/26/2021 KME FIRE APPARATUS 0.00 370.95 370.95
AP 00013040 08/26/2021 MINUTEMAN PRESS 1,451.17 0.00 1,451.17
***AP 00013041 08/26/2021 OFFICE DEPOT 3,232.62 50.50 3,283.12
AP 00013042 08/26/2021 GENERATOR SERVICES CO INC 1,905.24 0.00 1,905.24
AP 00013043 08/26/2021 OFFICE DEPOT 1,559.06 0.00 1,559.06
AP 00013044 09/01/2021 BEST BEST & KRIEGER LLP 4,380.50 0.00 4,380.50
AP 00013045 09/01/2021 CONFIRE JPA 0.00 408.72 408.72
AP 00013046 09/01/2021 ELECNOR BELCO ELECTRIC INC 32,059.82 0.00 32,059.82
AP 00013047 09/01/2021 ESRI 250.00 0.00 250.00
AP 00013048 09/02/2021 MINUTEMAN PRESS 714.98 0.00 714.98
AP 00013049 09/02/2021 OFFICE DEPOT 4,237.91 0.00 4,237.91
AP 00419648 08/24/2021 RODRIGUEZ, VICTOR 0.00 619.50 619.50
AP 00419649 08/24/2021 TOWNSEND, JAMES 0.00 2,550.78 2,550.78
08:30:50
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Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout
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Report:Page 19
Agenda Check Register
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Excluding So Calif Gas Company.
AND
CITY OF RANCHO CUCAMONGA
8/23/2021 through 9/6/2021
Check No.Check Date Vendor Name City Fire Amount
AP 00419650 08/24/2021 WALKER, KENNETH 0.00 238.25 238.25
AP 00419651 08/25/2021 ABLE BUILDING MAINTENANCE 6,578.00 0.00 6,578.00
AP 00419652 08/25/2021 ADAPT CONSULTING INC 972.00 0.00 972.00
AP 00419653 08/25/2021 ADVANCED CHEMICAL TRANSPORT INC 1,792.29 0.00 1,792.29
AP 00419654 08/25/2021 AFLAC GROUP INSURANCE 24.58 0.00 24.58
AP 00419655 08/25/2021 AFSS SOUTH 0.00 120.00 120.00
***AP 00419656 08/25/2021 ALSO ENERGY INC 2,970.00 800.00 3,770.00
AP 00419657 08/25/2021 ALTUM GROUP, THE 5,214.00 0.00 5,214.00
AP 00419658 08/25/2021 AMAXI NUTRITION PRODUCTS 5,000.00 0.00 5,000.00
AP 00419659 08/25/2021 ASCENT ENVIRONMENTAL INC 5,196.25 0.00 5,196.25
AP 00419660 08/25/2021 ATLAS PLANNING SOLUTIONS 2,760.00 0.00 2,760.00
AP 00419661 08/25/2021 AUERBACH POLLOCK FRIEDLANDER 10,500.00 0.00 10,500.00
***AP 00419662 08/25/2021 AUFBAU CORPORATION 11,770.00 2,310.00 14,080.00
AP 00419663 08/25/2021 BARVALIA, MIHIR 52.04 0.00 52.04
AP 00419664 08/25/2021 BC TRAFFIC SPECIALIST 3,211.54 0.00 3,211.54
AP 00419665 08/25/2021 BILL & WAGS INC 577.50 0.00 577.50
AP 00419666 08/25/2021 BONGARDE HOLDINGS INC 124.25 0.00 124.25
***AP 00419668 08/25/2021 C V W D 51,775.51 1,544.26 53,319.77
AP 00419669 08/25/2021 CALIFORNIA, STATE OF 314.11 0.00 314.11
AP 00419670 08/25/2021 CALIFORNIA, STATE OF 127.52 0.00 127.52
AP 00419671 08/25/2021 CALIFORNIA, STATE OF 32.26 0.00 32.26
AP 00419672 08/25/2021 CALIFORNIA, STATE OF 342.73 0.00 342.73
AP 00419673 08/25/2021 CalPERS LONG-TERM CARE PROGRAM 164.48 0.00 164.48
AP 00419674 08/25/2021 CAMERON-DANIEL PC 1,952.00 0.00 1,952.00
AP 00419675 08/25/2021 CCS ORANGE COUNTY JANITORIAL INC 133,779.88 0.00 133,779.88
AP 00419676 08/25/2021 CHAMI, KHALED 5,000.00 0.00 5,000.00
AP 00419677 08/25/2021 CHAMPION FIRE SYSTEMS INC 630.86 0.00 630.86
AP 00419678 08/25/2021 CHASE BACK BAY LLC 76,879.34 0.00 76,879.34
***AP 00419679 08/25/2021 CINTAS CORPORATION #150 948.83 397.93 1,346.76
AP 00419680 08/25/2021 CIRCLEPOINT 5,400.00 0.00 5,400.00
AP 00419681 08/25/2021 CIVIC SOLUTIONS INC 13,792.50 0.00 13,792.50
AP 00419682 08/25/2021 COOPER, DARREN 120.93 0.00 120.93
AP 00419683 08/25/2021 CROSBY, TINA 57.00 0.00 57.00
AP 00419684 08/25/2021 DAN GUERRA & ASSOCIATES 28,000.00 0.00 28,000.00
AP 00419685 08/25/2021 DEPARTMENT OF PESTICIDE REGULATION 60.00 0.00 60.00
AP 00419686 08/25/2021 DEPARTMENT OF PESTICIDE REGULATION 60.00 0.00 60.00
AP 00419687 08/25/2021 DIG SAFE BOARD 66.22 0.00 66.22
AP 00419688 08/25/2021 DIG SAFE BOARD 66.22 0.00 66.22
AP 00419689 08/25/2021 E GROUP, THE 450.00 0.00 450.00
AP 00419690 08/25/2021 EXECUTIVE DETAIL SERVICES 0.00 160.00 160.00
AP 00419691 08/25/2021 EXPERIAN 52.00 0.00 52.00
AP 00419692 08/25/2021 EXPRESS BRAKE SUPPLY INC 567.32 0.00 567.32
AP 00419693 08/25/2021 FEDERAL EXPRESS CORP 56.11 0.00 56.11
AP 00419694 08/25/2021 FEDERAL EXPRESS CORP 66.24 0.00 66.24
AP 00419695 08/25/2021 FIRSTCARBON SOLUTIONS 3,615.00 0.00 3,615.00
AP 00419696 08/25/2021 FLEETPRIDE 0.00 22.95 22.95
AP 00419697 08/25/2021 FRANKLIN TRUCK PARTS INC 0.00 43.10 43.10
08:30:50
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Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout
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Report:Page 20
Agenda Check Register
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Excluding So Calif Gas Company.
AND
CITY OF RANCHO CUCAMONGA
8/23/2021 through 9/6/2021
Check No.Check Date Vendor Name City Fire Amount
AP 00419698 08/25/2021 FRASURE, MICHAEL 2,000.00 0.00 2,000.00
AP 00419699 08/25/2021 GLOBALSTAR USA 158.33 0.00 158.33
***AP 00419700 08/25/2021 GOLDEN STATE RISK MANAGEMENT AUTHORITY 95,321.00 1,232.00 96,553.00
AP 00419701 08/25/2021 GONSALVES & SON, JOE A 3,045.00 0.00 3,045.00
***AP 00419702 08/25/2021 GRAINGER 363.01 273.80 636.81
AP 00419703 08/25/2021 GRAYBAR ELECTRIC COMPANY INC 1,469.28 0.00 1,469.28
AP 00419704 08/25/2021 HARPER, LAURA 12.89 0.00 12.89
AP 00419705 08/25/2021 HI-LINE ELECTRIC COMPANY 461.70 0.00 461.70
AP 00419706 08/25/2021 HICKS, BRITTANY 60.00 0.00 60.00
AP 00419707 08/25/2021 HINDERLITER DE LLAMAS & ASSOCIATES 37,021.13 0.00 37,021.13
AP 00419708 08/25/2021 HOMECOMING V AT TERRA VISTA LLC 57.79 0.00 57.79
AP 00419709 08/25/2021 HP COMMUNICATIONS INC 500.00 0.00 500.00
AP 00419710 08/25/2021 HR GREEN PACIFIC INC 18,866.10 0.00 18,866.10
AP 00419711 08/25/2021 INLAND DESERT SECURITY & COMMUNICATIONS INC 58.00 0.00 58.00
AP 00419712 08/25/2021 INLAND PRESORT & MAILING SERVICES 266.17 0.00 266.17
AP 00419713 08/25/2021 INYO NETWORKS 11,119.50 0.00 11,119.50
AP 00419714 08/25/2021 K-K WOODWORKING 27.48 0.00 27.48
AP 00419715 08/25/2021 KENNEDY EQUIPMENT INC 1,021.69 0.00 1,021.69
AP 00419716 08/25/2021 KEYSER MARSTON ASSOCIATES INC 29,227.50 0.00 29,227.50
AP 00419717 08/25/2021 LEVEL 3 COMMUNICATIONS LLC 5,482.10 0.00 5,482.10
AP 00419718 08/25/2021 LOZANO SMITH LLP 6,003.27 0.00 6,003.27
AP 00419719 08/25/2021 MARY MCGRATH ARCHITECTS 0.00 2,750.66 2,750.66
AP 00419720 08/25/2021 MC AVOY & MARKHAM 8,512.25 0.00 8,512.25
AP 00419721 08/25/2021 METROLINK 5,000.00 0.00 5,000.00
AP 00419722 08/25/2021 MIDWEST TAPE 26.52 0.00 26.52
***AP 00419723 08/25/2021 NAPA AUTO PARTS 170.40 252.88 423.28
AP 00419724 08/25/2021 NEXTECH SYSTEMS INC 382.78 0.00 382.78
AP 00419725 08/25/2021 NOREGON SYSTEMS INC 1,999.00 0.00 1,999.00
AP 00419726 08/25/2021 OMEGA ENVIRONMENTAL SERVICES LLC 14,800.00 0.00 14,800.00
AP 00419727 08/25/2021 ONTARIO WINNELSON CO 129.59 0.00 129.59
AP 00419728 08/25/2021 ONWARD ENGINEERING 1,980.00 0.00 1,980.00
AP 00419729 08/25/2021 PACIFIC UTILITY INSTALLATION INC 45,980.00 0.00 45,980.00
AP 00419730 08/25/2021 PANATTONI DEVELOPMENT COMPANY 1,839.00 0.00 1,839.00
AP 00419731 08/25/2021 PATTON SALES CORP 1,114.89 0.00 1,114.89
AP 00419732 08/25/2021 PETES ROAD SERVICE INC 561.45 0.00 561.45
AP 00419733 08/25/2021 PIP PRINTING 275.30 0.00 275.30
AP 00419734 08/25/2021 PLACEWORKS 30,010.73 0.00 30,010.73
AP 00419735 08/25/2021 PRE-PAID LEGAL SERVICES INC 60.17 0.00 60.17
AP 00419736 08/25/2021 PRISTINE UNIFORMS LLC 0.00 336.18 336.18
AP 00419737 08/25/2021 PRO-WEST & ASSOCIATES INC 4,637.81 0.00 4,637.81
AP 00419738 08/25/2021 PROS CONSULTING INC 3,685.00 0.00 3,685.00
AP 00419739 08/25/2021 QUADIENT-4715 50,000.00 0.00 50,000.00
AP 00419740 08/25/2021 RANCHO CUCAMONGA CHAMBER OF COMMERCE 3,166.00 0.00 3,166.00
AP 00419741 08/25/2021 RANCHO SMOG CENTER 44.95 0.00 44.95
AP 00419742 08/25/2021 RBM LOCK AND KEY SERVICE 8.08 0.00 8.08
AP 00419743 08/25/2021 REFRIGERATION SUPPLIES DISTRIBUTOR 602.33 0.00 602.33
AP 00419744 08/25/2021 REYES, DAVID 330.00 0.00 330.00
08:30:50
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Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout
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Report:Page 21
Agenda Check Register
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Excluding So Calif Gas Company.
AND
CITY OF RANCHO CUCAMONGA
8/23/2021 through 9/6/2021
Check No.Check Date Vendor Name City Fire Amount
AP 00419745 08/25/2021 SAN BERNARDINO COUNTY SHERIFFS DEPT 331.56 0.00 331.56
AP 00419746 08/25/2021 SBPEA 2,409.15 0.00 2,409.15
AP 00419747 08/25/2021 SHERIFFS COURT SERVICES 100.00 0.00 100.00
AP 00419748 08/25/2021 SHRED PROS 225.00 0.00 225.00
AP 00419756 08/25/2021 SOUTHERN CALIFORNIA EDISON 26,241.99 0.00 26,241.99
AP 00419757 08/25/2021 SOUTHERN CALIFORNIA EDISON 63.40 0.00 63.40
AP 00419758 08/25/2021 SOUTHERN CALIFORNIA EDISON 30.78 0.00 30.78
***AP 00419759 08/25/2021 STANLEY PEST CONTROL 2,110.00 740.00 2,850.00
AP 00419760 08/25/2021 TEASKY 2 LLC 518.94 0.00 518.94
AP 00419761 08/25/2021 TIREHUB LLC 1,443.85 0.00 1,443.85
AP 00419762 08/25/2021 TORO TOWING 120.00 0.00 120.00
AP 00419763 08/25/2021 TYRA, MARIE 480.00 0.00 480.00
AP 00419764 08/25/2021 UNDERGROUND SVC ALERT OF SO CAL 123.85 0.00 123.85
AP 00419765 08/25/2021 UNDERGROUND SVC ALERT OF SO CAL 122.20 0.00 122.20
AP 00419766 08/25/2021 UPS 62.06 0.00 62.06
AP 00419767 08/25/2021 VIRGIN PULSE INC 1,087.20 0.00 1,087.20
***AP 00419768 08/25/2021 WAXIE SANITARY SUPPLY 2,525.61 1,818.09 4,343.70
AP 00419769 08/25/2021 WAXIE SANITARY SUPPLY 5,495.12 0.00 5,495.12
AP 00419770 08/25/2021 WESTERN STATES TRANSMISSIONS 309.09 0.00 309.09
AP 00419771 08/25/2021 WILSON & BELL AUTO SERVICE 2,003.45 0.00 2,003.45
AP 00419772 08/25/2021 WINZER CORPORATION 0.00 163.12 163.12
AP 00419773 08/25/2021 XIAO, YIHUI 500.00 0.00 500.00
***AP 00419774 08/25/2021 AUFBAU CORPORATION 35,745.00 7,685.00 43,430.00
AP 00419775 08/25/2021 CHINO MOWER & ENGINE SERVICE 637.90 0.00 637.90
AP 00419776 08/25/2021 CURTIS J DAHLE ARCHITECT 6,118.00 0.00 6,118.00
AP 00419777 08/25/2021 DELL MARKETING LP 4,247.39 0.00 4,247.39
AP 00419778 08/25/2021 DEPARTMENT OF TRANSPORTATION, CALIF 11,066.69 0.00 11,066.69
AP 00419779 08/25/2021 ECS IMAGING INC 10,600.00 0.00 10,600.00
AP 00419780 08/25/2021 GRAINGER 541.18 0.00 541.18
AP 00419781 08/25/2021 GRAYBAR ELECTRIC COMPANY INC 778.26 0.00 778.26
AP 00419782 08/25/2021 ITERIS INC 2,792.00 0.00 2,792.00
AP 00419783 08/25/2021 LANDSCAPE WEST MANAGEMENT SERVICES INC 13,143.23 0.00 13,143.23
AP 00419784 08/25/2021 MARIPOSA LANDSCAPES INC 1,366.92 0.00 1,366.92
AP 00419785 08/25/2021 MCMASTER-CARR SUPPLY COMPANY 118.23 0.00 118.23
AP 00419786 08/25/2021 MVC ENTERPRISES INC 27,261.41 0.00 27,261.41
AP 00419787 08/25/2021 NV5 INC 6,075.78 0.00 6,075.78
AP 00419788 08/25/2021 PARS 3,500.00 0.00 3,500.00
AP 00419789 08/25/2021 REACH MEDIA NETWORK 1,379.70 0.00 1,379.70
AP 00419790 08/25/2021 RMUS LLC 0.00 1,414.07 1,414.07
AP 00419791 08/25/2021 RODELO, RHEA 327.50 0.00 327.50
AP 00419792 08/25/2021 SAFETY KLEEN SYSTEMS INC 383.60 0.00 383.60
AP 00419794 08/25/2021 TIREHUB LLC 798.77 0.00 798.77
AP 00419795 08/25/2021 UNITY COURIER SERVICE INC 1,143.00 0.00 1,143.00
AP 00419796 08/25/2021 WAXIE SANITARY SUPPLY 1,329.87 0.00 1,329.87
AP 00419797 08/25/2021 YORK RISK SERVICES GROUP INC 15,070.00 0.00 15,070.00
AP 00419798 08/26/2021 DANCE TERRIFIC 840.00 0.00 840.00
AP 00419799 08/26/2021 HAMILTON, MONIQUE 268.80 0.00 268.80
08:30:50
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Time:CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait Layout
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Report:Page 22
Agenda Check Register
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Excluding So Calif Gas Company.
AND
CITY OF RANCHO CUCAMONGA
8/23/2021 through 9/6/2021
Check No.Check Date Vendor Name City Fire Amount
AP 00419800 08/26/2021 INTERWEST CONSULTING GROUP INC 3,502.48 0.00 3,502.48
AP 00419801 08/26/2021 JOHNNY ALLEN TENNIS ACADEMY 2,800.80 0.00 2,800.80
AP 00419802 08/26/2021 MARSHALL, SYLVIA 564.00 0.00 564.00
AP 00419803 08/31/2021 RANCHO PARTNERS LLC 4,000.00 0.00 4,000.00
AP 00419804 08/31/2021 XIDI INC 16,000.00 0.00 16,000.00
AP 00419805 09/01/2021 AFLAC GROUP INSURANCE 4,311.14 0.00 4,311.14
AP 00419806 09/01/2021 AFLAC GROUP INSURANCE 6,466.71 0.00 6,466.71
AP 00419807 09/01/2021 ALTA VISTA MOBILE HOME PARK 297.59 0.00 297.59
AP 00419808 09/01/2021 AM-TEC TOTAL SECURITY INC 1,445.00 0.00 1,445.00
AP 00419809 09/01/2021 AMTECH ELEVATOR SERVICES 153.00 0.00 153.00
AP 00419810 09/01/2021 BERLITZ LANGUAGES INC 65.00 0.00 65.00
AP 00419811 09/01/2021 BOOT BARN INC 6,524.40 0.00 6,524.40
AP 00419812 09/01/2021 BRAUN BLAISING SMITH WYNNE 607.07 0.00 607.07
AP 00419813 09/01/2021 C P GENERATOR INC 301.70 0.00 301.70
AP 00419814 09/01/2021 C V W D 744.20 0.00 744.20
***AP 00419821 09/01/2021 C V W D 195,528.86 70.52 195,599.38
AP 00419822 09/01/2021 CA LLC - ALTA LAGUNA MHP 400.00 0.00 400.00
AP 00419823 09/01/2021 CASA VOLANTE MOBILE HOME PARK 600.00 0.00 600.00
AP 00419824 09/01/2021 CASTANEDA, MIGUEL 2,300.00 0.00 2,300.00
AP 00419825 09/01/2021 CCS ORANGE COUNTY JANITORIAL INC 63,773.50 0.00 63,773.50
AP 00419826 09/01/2021 CHAMPION FIRE SYSTEMS INC 492.00 0.00 492.00
AP 00419827 09/01/2021 CHAPARRAL HEIGHTS MOBILE HOME PARK 300.00 0.00 300.00
***AP 00419828 09/01/2021 CINTAS CORPORATION #150 2,967.86 206.75 3,174.61
AP 00419829 09/01/2021 CLERK OF THE BOARD OF SUPERVISORS 0.00 2,530.25 2,530.25
AP 00419830 09/01/2021 COMPETITION ROOFING INC 492.31 0.00 492.31
AP 00419831 09/01/2021 D & K CONCRETE COMPANY 4,663.98 0.00 4,663.98
AP 00419832 09/01/2021 DEPARTMENT OF INDUSTRIAL RELATIONS 225.00 0.00 225.00
AP 00419833 09/01/2021 DEPARTMENT OF INDUSTRIAL RELATIONS 225.00 0.00 225.00
AP 00419834 09/01/2021 DEPARTMENT OF INDUSTRIAL RELATIONS 225.00 0.00 225.00
AP 00419835 09/01/2021 DEPARTMENT OF INDUSTRIAL RELATIONS 225.00 0.00 225.00
AP 00419836 09/01/2021 DEPARTMENT OF JUSTICE 160.00 0.00 160.00
AP 00419837 09/01/2021 DEPARTMENT OF TRANSPORTATION, CALIF 23,000.00 0.00 23,000.00
***AP 00419838 09/01/2021 FRONTIER COMM 2,425.58 730.56 3,156.14
AP 00419839 09/01/2021 FS CONTRACTORS INC 194,288.77 0.00 194,288.77
AP 00419840 09/01/2021 FUEL SERV 475.00 0.00 475.00
AP 00419841 09/01/2021 GIORDANO, MARIANNA 231.00 0.00 231.00
AP 00419842 09/01/2021 GONZALEZ, JANINE P 138.31 0.00 138.31
AP 00419843 09/01/2021 GRACIANO, TAMMIE 0.00 37.71 37.71
AP 00419844 09/01/2021 GRAINGER 1,216.74 0.00 1,216.74
AP 00419845 09/01/2021 GROVES ON FOOTHILL, THE 200.00 0.00 200.00
AP 00419846 09/01/2021 GUZMAN, ANDREA 102.00 0.00 102.00
AP 00419847 09/01/2021 HAIFLEY, ROXANN 132.00 0.00 132.00
AP 00419848 09/01/2021 HENDERSON, JONATHAN 100.00 0.00 100.00
AP 00419849 09/01/2021 HMC ARCHITECTS 2,100.00 0.00 2,100.00
AP 00419850 09/01/2021 HOMETOWN AMERICA RAMONA VILLA 500.00 0.00 500.00
AP 00419851 09/01/2021 HOUSE OF RUTH INC 9,596.09 0.00 9,596.09
AP 00419852 09/01/2021 INLAND VALLEY COUNCIL OF CHURCHES 9,202.00 0.00 9,202.00
08:30:50
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Report:Page 23
Agenda Check Register
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Excluding So Calif Gas Company.
AND
CITY OF RANCHO CUCAMONGA
8/23/2021 through 9/6/2021
Check No.Check Date Vendor Name City Fire Amount
AP 00419853 09/01/2021 JIA, XU 63.00 0.00 63.00
AP 00419854 09/01/2021 JPMORGAN CHASE BANK N.A.130.86 0.00 130.86
AP 00419855 09/01/2021 K-K WOODWORKING 1,221.29 0.00 1,221.29
AP 00419856 09/01/2021 KAISER FOUNDATION HEALTH PLAN INC 244,837.34 0.00 244,837.34
AP 00419857 09/01/2021 MAGELLAN ADVISORS LLC 12,000.00 0.00 12,000.00
AP 00419858 09/01/2021 MCI 73.44 0.00 73.44
AP 00419859 09/01/2021 MICHELLE BEASON 677.00 0.00 677.00
AP 00419860 09/01/2021 NAPA AUTO PARTS 0.00 133.36 133.36
AP 00419861 09/01/2021 NATIONAL UTILITY LOCATORS LLC 1,740.00 0.00 1,740.00
AP 00419862 09/01/2021 NBS 1,500.00 0.00 1,500.00
AP 00419863 09/01/2021 NEW IMAGE COMMERCIAL FLOORING 1,650.00 0.00 1,650.00
AP 00419864 09/01/2021 PINES MOBILE HOME PARK, THE 100.00 0.00 100.00
AP 00419865 09/01/2021 PINNACLE PETROLEUM INC 31,960.15 0.00 31,960.15
AP 00419866 09/01/2021 PRISTINE UNIFORMS LLC 0.00 348.05 348.05
AP 00419867 09/01/2021 PUBLICINPUT.COM 31,750.00 0.00 31,750.00
AP 00419868 09/01/2021 RANCHO CUCAMONGA QUAKES 2,165.00 0.00 2,165.00
AP 00419869 09/01/2021 RANCHO SMOG CENTER 44.95 0.00 44.95
AP 00419870 09/01/2021 RED WING BUSINESS ADVANTAGE ACCOUNT 3,549.09 0.00 3,549.09
AP 00419871 09/01/2021 SAFE-ENTRY TECHNICAL INC 0.00 735.00 735.00
AP 00419872 09/01/2021 SAN BERNARDINO COUNTY 0.00 12,181.12 12,181.12
AP 00419873 09/01/2021 SAN BERNARDINO COUNTY 0.00 120.00 120.00
AP 00419874 09/01/2021 SAN BERNARDINO CTY FIRE DEPT 63,926.72 0.00 63,926.72
AP 00419875 09/01/2021 SAN BERNARDINO SHERIFF'S RODEO COMMITTEE 400.00 0.00 400.00
***AP 00419876 09/01/2021 SHEAKLEY PENSION ADMINISTRATION 460.15 178.15 638.30
AP 00419877 09/01/2021 SHOETERIA INC 3,207.84 0.00 3,207.84
***AP 00419878 09/01/2021 SHRED PROS 950.00 63.00 1,013.00
AP 00419881 09/01/2021 SOUND IMAGE INC 88,835.00 0.00 88,835.00
***AP 00419884 09/01/2021 SOUTHERN CALIFORNIA EDISON 3,953.34 2,403.14 6,356.48
AP 00419885 09/01/2021 SOUTHERN CALIFORNIA EDISON 39.23 0.00 39.23
AP 00419886 09/01/2021 SOUTHERN CALIFORNIA EDISON 42.86 0.00 42.86
AP 00419887 09/01/2021 STANDARD INSURANCE COMPANY 11,774.30 0.00 11,774.30
AP 00419888 09/01/2021 STANDARD INSURANCE COMPANY 3,436.02 0.00 3,436.02
AP 00419889 09/01/2021 STERLING COFFEE SERVICE 560.45 0.00 560.45
AP 00419890 09/01/2021 SUN BADGE CO 0.00 116.33 116.33
AP 00419891 09/01/2021 SYCAMORE VILLA MOBILE HOME PARK 400.00 0.00 400.00
AP 00419892 09/01/2021 UNITED WAY 45.00 0.00 45.00
AP 00419893 09/01/2021 UPS 33.00 0.00 33.00
AP 00419894 09/01/2021 UPSCO POWERSAFE SYSTEMS INC 0.00 600.00 600.00
AP 00419895 09/01/2021 VERIZON WIRELESS - LA 0.00 5,191.43 5,191.43
AP 00419896 09/01/2021 VISION COMMUNICATIONS CO 1,980.00 0.00 1,980.00
AP 00419897 09/01/2021 VOLGISTICS INC 8,184.00 0.00 8,184.00
AP 00419898 09/01/2021 VULCAN MATERIALS COMPANY 1,217.43 0.00 1,217.43
AP 00419899 09/01/2021 WALLACE, LATOYA T 146.00 0.00 146.00
AP 00419900 09/01/2021 WANG, KAI 206.01 0.00 206.01
***AP 00419901 09/01/2021 WAXIE SANITARY SUPPLY 730.78 442.28 1,173.06
AP 00419902 09/01/2021 WILSON & BELL AUTO SERVICE 287.50 0.00 287.50
AP 00419903 09/01/2021 XEROX FINANCIAL SERVICES 298.38 0.00 298.38
08:30:50
09/07/2021Current Date:VLOPEZ - Veronica Lopez Page:7
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User:
Report:Page 24
Agenda Check Register
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Excluding So Calif Gas Company.
AND
CITY OF RANCHO CUCAMONGA
8/23/2021 through 9/6/2021
Check No.Check Date Vendor Name City Fire Amount
AP 00419904 09/01/2021 YOUNG, JOANNE 256.00 0.00 256.00
AP 00419905 09/01/2021 YU, XIAOYI 8.71 0.00 8.71
$6,509,594.36
$6,633,672.06
$124,077.70
Note:
Grand Total:
Total Fire:
Total City:
*** Check Number includes both City and Fire District expenditures
08:30:50
09/07/2021Current Date:VLOPEZ - Veronica Lopez Page:8
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Report:Page 25
DATE:September 15, 2021
TO:Mayor and Members of the City Council
President and Members of the Boards of Directors
FROM:John R. Gillison, City Manager
INITIATED BY:Tamara L. Oatman, Finance Director
Veronica Lopez, Accounts Payable Supervisor
SUBJECT:Consideration to Approve City and Fire District Weekly Check Registers
for Checks Issued to Southern California Gas Company in the Total
Amount of $677,663.21 Dated August 23, 2021 Through September 06,
2021. (CITY/FIRE)
RECOMMENDATION:
Staff recommends City Council/Board of Directors of the Fire Protection District approve payment
of demands as presented. Weekly check register amounts are $677,009.96 and $653.25 for the
City and the Fire District, respectively.
BACKGROUND:
N/A
ANALYSIS:
N/A
FISCAL IMPACT:
Adequate budgeted funds are available for the payment of demands per the attached listing.
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
N/A
ATTACHMENTS:
Attachment 1 - Weekly Check Register
Page 26
Agenda Check Register
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
So Calif Gas Company Only.
AND
CITY OF RANCHO CUCAMONGA
8/23/2021 through 9/6/2021
Check No.Check Date Vendor Name City Fire Amount
***AP 00419749 08/25/2021 SO CALIF GAS COMPANY 7,692.28 531.86 8,224.14
AP 00419793 08/25/2021 SO CALIF GAS COMPANY 667,496.22 0.00 667,496.22
***AP 00419879 09/01/2021 SO CALIF GAS COMPANY 600.90 121.39 722.29
AP 00419880 09/01/2021 SO CALIF GAS COMPANY 1,220.56 0.00 1,220.56
$677,009.96
$677,663.21
$653.25
Note:
Grand Total:
Total Fire:
Total City:
*** Check Number includes both City and Fire District expenditures
08:33:51
09/07/2021Current Date:VLOPEZ - Veronica Lopez Page:1
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DATE:September 15, 2021
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY:Jason C. Welday, Director of Engineering Services/City Engineer
Annette Cano-Soza, Assistant Engineer
SUBJECT:Consideration of Reimbursement for the Etiwanda/San Sevaine Area
Master Plan Drainage Improvements Program for Fiscal Year 2020/2021
and an Appropriation of $5,394 from the Etiwanda/San Sevaine Drainage
Fund (Fund 116). (CITY)
RECOMMENDATION:
Staff recommends that the City Council approve a reimbursement for the Etiwanda/San Sevaine
Master Plan Drainage Improvements Program for Fiscal Year 2020/2021 and an appropriation of
$5,394 from the Etiwanda/San Sevaine Drainage Fund (Fund 116).
BACKGROUND:
Developers that are conditioned by the City to construct master planned drainage facilities in
connection with a development project may enter into a Development Reimbursement Agreement
(Agreement) with the City. The Agreement provides for annual reimbursements for up to ten (10)
years from the effective date of the Agreement.
Per the terms of the Agreement, the amount available for reimbursement each year is fifty percent
(50%) of the fees collected in the Etiwanda/San Sevaine Drainage Fee Program the prior fiscal
year. These funds are distributed to developers with active Agreements proportionally based on
the original amount of each Agreement. Any remaining balance due is then rolled over to the next
fiscal year. When the Agreement expires any remaining balance is waived.
ANALYSIS:
Agreement No. DRA-41 for Tract 16716, developer JT Storm Development, LLC has a total
outstanding balance due of $88,158 for eligible improvements constructed as part of the tract’s
development. The reimbursement proposed under this item will be the final payment to JT Storm
Development LLC under DRA-41 as this agreement expired June 2021. No drainage fees were
collected for Fiscal Year 2019/2020 and a total of $10,788 was collected for Fiscal Year
2020/2021 for the Etiwanda/San Sevaine Drainage Fee Program of which $5,394 is available for
reimbursement. The following table contains the recommended reimbursement and final
payment:
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9
3
4
Agmt
No.
Expiration
Yr.
Project/Developer Original
Agmt.
Amount
Fractional
Share
Previous
Balance
(2018/2019)
Recommended
Reimbursement
Amount
(2020/2021)
Remaining
Balance
DRA-41 2021 TR 16716/JT
STORM
$270,423 1.00 $88,157.89 $5,394 0*
* Note: Remaining Balance reduced to $0 with the expiration of the reimbursement agreement.
FISCAL IMPACT:
Since the amount available for reimbursement under this program is determined after the City’s
financial books are closed each fiscal year, the funds needed for reimbursement are not included
in the annual budget.
Therefore, staff is recommending an appropriation in the amount of $5,394 from the Etiwanda/San
Sevaine Drainage Fund (Fund 116) to Account No. 1116303-5650/1026116-0 to cover the
amount of the recommended reimbursement/final payment.
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
Construction of master planned drainage improvements aids in implementing the City Council’s
vision to build a world class community by constructing improvements that reduce the potential
for flooding and allow for well planned development.
ATTACHMENTS:
Attachment 1 - Vicinity Map
Page 29
ATTACHMENT 1
1
6
0
8
TR 16716
Vicinity Map
NOT TO SCALE
SD LineSD LineTR 16716
PE Trail
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DATE:September 15, 2021
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY:Robert Neiuber, Human Resources Director
Lucy Alvarez-Nunez, Management Analyst I
SUBJECT:Consideration to Approve an Amendment to a Special Services
Agreement between the City of Rancho Cucamonga and Liebert Cassidy
Whitmore, a Professional Law Corporation. (CITY)
RECOMMENDATION:
Staff recommends the City Council approve an amendment to a special services agreement
between the City of Rancho Cucamonga and Liebert Cassidy Whitmore, a professional law
corporation.
BACKGROUND:
The law firm of Liebert Cassidy Whitmore (LCW) is a highly respected state-wide authority on
public sector labor and employment law. LCW provides the City with specialized legal services
including consulting, representational, and legal services in the areas of labor relations and
employment law.
The City has an existing contract with Liebert Cassidy Whitmore. This contract was approved by
City Council in 2007.
ANALYSIS:
The City’s existing contract with LCW is in need of updating. Recently, LCW proposed an updated
agreement along with an adjustment to the range of hourly rates.
The attached agreement reflects the updated terms and conditions to include an adjustment to
billing rates and fees. Rates will be going up about $5 per hour. The last rate increase to hourly
rates was in 2019.
Staff recommends the City Council approve the amended agreement between the City of Rancho
Cucamonga and Liebert Cassidy Whitmore to include the aforementioned updates.
FISCAL IMPACT:
Adjustment to billing rates and fees will result in an increase of approximately $3,200 for fiscal
year 2021/22.
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
This item addresses the Council’s core value of working together cooperatively and respectfully
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7
1
0
with each other, staff, and all stakeholders.
ATTACHMENTS:
Attachment 1 – Professional Services Agreement
Attachment 2 – Professional Services Agreement Addendum
Attachment 3 – Liebert Cassidy Whitmore Special Services Agreement
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AGREEMENT FOR
DESIGN PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into this 21st day of June,
2021, by and between the City of Rancho Cucamonga, a municipal corporation
(“City”) and Liebert Cassidy Whitmore, a Professional Corporation (“Consultant”).
RECITALS
A.City has heretofore issued its request for proposals to perform the following
design professional services: As described in Exhibit A - Agreement for Special Services
(“the Project”).
B.Consultant has submitted a proposal to perform the professional services
described in Recital “A”, above, necessary to complete the Project.
C.City desires to engage Consultant to complete the Project in the manner set
forth and more fully described herein.
D.Consultant represents that it is fully qualified and licensed under the laws
of the State of California to perform the services contemplated by this Agreement in a good
and professional manner.
AGREEMENT
NOW, THEREFORE, in consideration of performance by the parties of the mutual
promises, covenants, and conditions herein contained, the parties hereto agree as follows:
1.Consultant’s Services.
1.1 Scope and Level of Services. Subject to the terms and conditions
set forth in this Agreement, City hereby engages Consultant to perform all technical and
design professional services described in Recitals “A” and “B” above, including, but not
limited to Exhibit A, all as more fully set forth in the Consultant’s proposal, dated June 21,
2021 and entitled “Scope of Work”, attached hereto as Exhibit “A”, and incorporated by
reference herein. The nature, scope, and level of the services required to be performed by
Consultant are set forth in the Scope of Work and are referred to herein as “the Services.”
In the event of any inconsistencies between the Scope of Work and this Agreement, the
terms and provisions of this Agreement shall control.
1.2 Revisions to Scope of Work. Upon request of the City, the
Consultant will promptly meet with City staff to discuss any revisions to the Project desired
ATTACHMENT 1
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by the City. Consultant agrees that the Scope of Work may be amended based upon said
meetings, and, by amendment to this Agreement, the parties may agree on a revision or
revisions to Consultant’s compensation based thereon. A revision pursuant to this Section
that does not increase the total cost payable to Consultant by more than ten percent (10%)
of the total compensation specified in Section 3, may be approved in writing by City’s City
Manager without amendment.
1.3 Time for Performance. Consultant shall perform all services under
this Agreement in a timely, regular basis consistent with industry standards for professional
skill and care, and in accordance with any schedule of performance set forth in the Scope
of Work, or as set forth in a “Schedule of Performance”, if such Schedule is attached hereto
as Exhibit “A”.
1.4 Standard of Care. As a material inducement to City to enter into this
Agreement, Consultant hereby represents that it has the experience necessary to undertake
the services to be provided. In light of such status and experience, Consultant hereby
covenants that it shall follow the customary professional standards in performing the
Services.
1.5 Familiarity with Services. By executing this Agreement, Consultant
represents that, to the extent required by the standard of practice, Consultant (a) has
investigated and considered the scope of services to be performed, (b) has carefully
considered how the services should be performed, and (c) understands the facilities,
difficulties and restrictions attending performance of the services under this Agreement.
Consultant represents that Consultant, to the extent required by the standard of practice,
has investigated any areas of work, as applicable, and is reasonably acquainted with the
conditions therein. Should Consultant discover any latent or unknown conditions, which
will materially affect the performance of services, Consultant shall immediately inform
City of such fact and shall not proceed except at Consultant’s risk until written instructions
are received from the City Representative.
2. Term of Agreement. The term of this Agreement shall be one year(s) and
shall become effective as of the date of the mutual execution by way of both parties
signature (the “Effective Date”). No work shall be conducted; service or goods will not be
provided until this Agreement has been executed and requirements have been fulfilled.
Parties to this Agreement shall have the option to renew in one year(s) increments
to a total of three (3) years, unless sooner terminated as provided in Section 14
herein. Options to renew are contingent upon the City Manager’s approval, subject to
pricing review, and in accordance to all Terms and Conditions stated herein unless
otherwise provided in writing by the City.
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3. Compensation.
3.1 Compensation. City shall compensate Consultant as set forth in
Exhibit A, provided, however, that full, total and complete amount payable to Consultant
shall not exceed $380.00 per hour for Attorney time (three hundred and eighty hours),
including all out of pocket expenses, unless additional compensation is approved by the
City Manager or City Council. City shall not withhold any federal, state or other taxes, or
other deductions. However, City shall withhold not more than ten percent (10%) of any
invoice amount pending receipt of any deliverables reflected in such invoice. Under no
circumstance shall Consultant be entitled to compensation for services not yet satisfactorily
performed.
The parties further agree that compensation may be adjusted in accordance
with Section 1.2 to reflect subsequent changes to the Scope of Services. City shall
compensate Consultant for any authorized extra services as set forth in Exhibit A.
4. Method of Payment.
4.1 Invoices. Consultant shall submit to City monthly invoices for the
Services performed pursuant to this Agreement. The invoices shall describe in detail the
Services rendered during the period and shall separately describe any authorized extra
services. Any invoice claiming compensation for extra services shall include appropriate
documentation of prior authorization of such services. All invoices shall be remitted to the
City of Rancho Cucamonga, California.
4.2 City shall review such invoices and notify Consultant in writing
within ten (10) business days of any disputed amounts.
4.3 City shall pay all undisputed portions of the invoice within thirty
(30) calendar days after receipt of the invoice up to the not-to-exceed amounts set forth in
Section 3.
4.4 All records, invoices, time cards, cost control sheets and other
records maintained by Consultant relating to services hereunder shall be available for
review and audit by the City.
5. Representatives.
5.1 City Representative. For the purposes of this Agreement, the
contract administrator and City’s representative shall be Human Resources Director,
Robert Neiuber, or such other person as designated in writing by the City (“City
Representative”). It shall be Consultant’s responsibility to assure that the City
Representative is kept informed of the progress of the performance of the services, and
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Consultant shall refer any decisions that must be made by City to the City Representative.
Unless otherwise specified herein, any approval of City required hereunder shall mean the
approval of the City Representative.
5.2 Consultant Representative. For the purposes of this Agreement, J.
Scott Tiedemann, Managing Partner is hereby designated as the principal and
representative of Consultant authorized to act in its behalf with respect to the services
specified herein and make all decisions in connection therewith (“Consultant’s
Representative”). It is expressly understood that the experience, knowledge, capability and
reputation of the Consultant’s Representative were a substantial inducement for City to
enter into this Agreement. Therefore, the Consultant’s Representative shall be responsible
during the term of this Agreement for directing all activities of Consultant and devoting
sufficient time to personally supervise the services hereunder. Consultant may not change
the Responsible Principal without the prior written approval of City.
6. Consultant’s Personnel.
6.1 All Services shall be performed by Consultant or under Consultant’s
direct supervision, and all personnel shall possess the qualifications, permits, and licenses
required by State and local law to perform such Services, including, without limitation, a
City business license as required by the City’s Municipal Code.
6.2 Consultant shall be solely responsible for the satisfactory work
performance of all personnel engaged in performing the Services and compliance with the
standard of care set forth in Section 1.4.
6.3 Consultant shall be responsible for payment of all employees’ and
subcontractors’ wages and benefits, and shall comply with all requirements pertaining to
employer’s liability, workers’ compensation, unemployment insurance, and Social
Security. By its execution of this Agreement, Consultant certifies that it is aware of the
provisions of Section 3700 of the California Labor Code that require every employer to be
insured against liability for Worker's Compensation or to undertake self-insurance in
accordance with the provisions of that Code, and agrees to comply with such provisions
before commencing the performance of the Services.
6.4 Consultant shall indemnify, defend and hold harmless City and its
elected officials, officers and employees, servants, designated volunteers, and agents
serving as independent contractors in the role of City officials, from any and all liability,
damages, claims, costs and expenses of any nature to the extent arising from Consultant’s
violations of personnel practices and/or any violation of the California Labor Code. City
shall have the right to offset against the amount of any fees due to Consultant under this
Agreement any amount due to City from Consultant as a result of Consultant’s failure to
promptly pay to City any reimbursement or indemnification arising under this Section 6.
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7. Ownership of Work Product.
7.1 Ownership. All documents, ideas, concepts, electronic files,
drawings, photographs and any and all other writings, including drafts thereof, prepared,
created or provided by Consultant in the course of performing the Services, including any
and all intellectual and proprietary rights arising from the creation of the same (collectively,
“Work Product”), are considered to be “works made for hire” for the benefit of the City.
Upon payment being made, and provided Consultant is not in breach of this Agreement,
all Work Product shall be and remain the property of City without restriction or limitation
upon its use or dissemination by City. Basic survey notes, sketches, charts, computations
and similar data prepared or obtained by Consultant under this Agreement shall, upon
request, be made available to City. None of the Work Product shall be the subject of any
common law or statutory copyright or copyright application by Consultant. In the event of
the return of any of the Work Product to Consultant or its representative, Consultant shall
be responsible for its safe return to City. Under no circumstances shall Consultant fail to
deliver any draft or final designs, plans, drawings, reports or specifications to City upon
written demand by City for their delivery, notwithstanding any disputes between
Consultant and City concerning payment, performance of the contract, or otherwise. This
covenant shall survive the termination of this Agreement. City’s reuse of the Work Product
for any purpose other than the Project, shall be at City’s sole risk.
7.2. Assignment of Intellectual Property Interests: Upon execution of
this Agreement and to the extent not otherwise conveyed to City by Section 7.1, above, the
Consultant shall be deemed to grant and assign to City, and shall require all of its
subcontractors to assign to City, all ownership rights, and all common law and statutory
copyrights, trademarks, and other intellectual and proprietary property rights relating to the
Work Product and the Project itself, and Consultant shall disclaim and retain no rights
whatsoever as to any of the Work Product, to the maximum extent permitted by law. City
shall be entitled to utilize the Work Product for any and all purposes, including but not
limited to constructing, using, maintaining, altering, adding to, restoring, rebuilding and
publicizing the Project or any aspect of the Project.
7.3 Title to Intellectual Property. Consultant warrants and represents
that it has secured all necessary licenses, consents or approvals to use any instrumentality,
thing or component as to which any intellectual property right exists, including computer
software, used in the rendering of the Services and the production of the Work Product
and/or materials produced under this Agreement, and that City has full legal title to and the
right to reproduce any of the Work Product. Consultant shall defend, indemnify and hold
City, and its elected officials, officers, employees, servants, attorneys, designated
volunteers, and agents serving as independent contractors in the role of City officials,
harmless from any loss, claim or liability in any way related to a claim that City’s use is
violating federal, state or local laws, or any contractual provisions, relating to trade names,
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licenses, franchises, patents or other means of protecting intellectual property rights and/or
interests in products or inventions. Consultant shall bear all costs arising from the use of
patented, copyrighted, trade secret or trademarked documents, materials, software,
equipment, devices or processes used or incorporated in the Services and materials
produced under this Agreement. In the event City’s use of any of the Work Product is held
to constitute an infringement and any use thereof is enjoined, Consultant, at its expense,
shall: (a) secure for City the right to continue using the Work Product by suspension of
any injunction or by procuring a license or licenses for City; or (b) modify the Work
Product so that it becomes non-infringing. This covenant shall survive the termination of
this Agreement.
8. Status as Independent Contractor. Consultant is, and shall at all times
remain as to City, a wholly independent contractor. Consultant shall have no power to
incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City.
Neither City nor any of its agents shall have control over the conduct of Consultant or any
of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at
any time, or in any manner, represent that it or any of its officers, agents or employees are
in any manner employees of City. Consultant shall pay all required taxes on amounts paid
to Consultant under this Agreement, and to defend, indemnify and hold City harmless from
any and all taxes, assessments, penalties, and interest asserted against City by reason of the
independent contractor relationship created by this Agreement. Consultant shall fully
comply with the workers’ compensation law regarding Consultant and Consultant’s
employees.
9. Confidentiality. Consultant may have access to financial, accounting,
statistical, and personnel data of individuals and City employees. Consultant covenants
that all data, documents, discussion, or other information developed or received by
Consultant or provided for performance of this Agreement are confidential and shall not
be disclosed by Consultant without prior written authorization by City. City shall grant
such authorization if applicable law requires disclosure. All City data shall be returned to
City upon the termination of this Agreement. Consultant’s covenant under this Section
shall survive the termination of this Agreement. This provision shall not apply to
information in whatever form that is in the public domain, nor shall it restrict the Consultant
from giving notices required by law or complying with an order to provide information or
data when such an order is issued by a court, administrative agency or other legitimate
authority, or if disclosure is otherwise permitted by law and reasonably necessary for the
Consultant to defend itself from any legal action or claim.
10. Conflict of Interest.
10.1 Consultant covenants that it presently has no interest and shall not
acquire any interest, direct or indirect, which may be affected by the Services, or which
would conflict in any manner with the performance of the Services. Consultant further
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covenants that, in performance of this Agreement, no person having any such interest shall
be employed by it. Furthermore, Consultant shall avoid the appearance of having any
interest, which would conflict in any manner with the performance of the Services.
Consultant shall not accept any employment or representation during the term of this
Agreement which is or may likely make Consultant “financially interested” (as provided
in California Government Code §§1090 and 87100) in any decision made by City on any
matter in connection with which Consultant has been retained.
10.2 Consultant further represents that it has not employed or retained
any person or entity, other than a bona fide employee working exclusively for Consultant,
to solicit or obtain this Agreement. Consultant has not paid or agreed to pay any person or
entity, other than a bona fide employee working exclusively for Consultant, any fee,
commission, gift, percentage, or any other consideration contingent upon the execution of
this Agreement. Upon any breach or violation of this warranty, City shall have the right,
at its sole and absolute discretion, to terminate this Agreement without further liability, or
to deduct from any sums payable to Consultant hereunder the full amount or value of any
such fee, commission, percentage or gift.
10.3 Consultant has no knowledge that any officer or employee of City
has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise,
in this transaction or in the business of Consultant, and that if any such interest comes to
the knowledge of Consultant at any time during the term of this Agreement, Consultant
shall immediately make a complete, written disclosure of such interest to City, even if such
interest would not be deemed a prohibited “conflict of interest” under applicable laws as
described in subsection 10.1.
11. Indemnification.
11.1 Design Professional Services. In the connection with its design
professional services, the Consultant shall indemnify and hold the City, and its elected
officials, officers, employees, servants, volunteers, and agents serving as independent
contractors in the role of City officials, (collectively, “Indemnitees”), free and harmless
with respect to any and all damages, liabilities, losses, reasonable defense costs or expenses
(collectively, “Claims”), including but not limited to liability for death or injury to any
person and injury to any property, to which arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the Consultant or any of its officers,
employees, subcontractors, consultants, or agents in the performance of its design
professional services under this Agreement.
11.2 Other Indemnities. In connection with all Claims not covered by
Section 11.1, and to the maximum extent permitted by law, the Consultant shall hold
defend, indemnify, and hold the Indemnitees free and harmless with respect to any and all
Claims including but not limited to Claims relating to death or injury to any person and
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injury to any property, which arise out of, pertain to, or relate to the acts, omissions,
activities or operations of Consultant or any of its officers, employees, subcontractors,
subconsultants, or agents in the performance of this Agreement. Consultant shall defend
Indemnitees in any action or actions filed in connection with any such Claims with counsel
of City’s choice, and shall pay all costs and expenses, including actual attorney’s fees and
experts’ costs incurred in connection with such defense. The indemnification obligation
herein shall not in any way be limited by the insurance obligations contained in this
Agreement provided, however, that the Contractor shall have no obligation to indemnify
for Claims arising out of the sole negligence or willful misconduct of any of the
Indemnitees.
11.3 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any
rights that they may possess against Consultant because of the acceptance by City, or the
deposit with City, of any insurance policy or certificate required pursuant to this
Agreement.
11.4 Waiver of Right of Subrogation. Except as otherwise expressly
provided in this Agreement, Consultant, on behalf of itself and all parties claiming under
or through it, hereby waives all rights of subrogation against the Indemnitees, while acting
within the scope of their duties, from all claims, losses and liabilities arising out of or
incident to activities or operations performed by or on behalf of the Consultant.
11.5 Survival. The provisions of this Section 11 shall survive the
termination of the Agreement and are in addition to any other rights or remedies which
Indemnitees may have under the law. Payment is not required as a condition precedent to
an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment
against Consultant shall be conclusive in favor of the Indemnitee’s right to recover under
this indemnity provision.
12. Insurance.
12.1 Liability Insurance. Consultant shall procure and maintain in full
force and effect for the duration of this Agreement, insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the
performance of the services hereunder by Consultant, and/or its agents, representatives,
employees and subcontractors.
12.2 Minimum Scope of Insurance. Unless otherwise approved by City,
coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability
coverage (occurrence form CG 0001).
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(2) Insurance Services Office form number CA 0001 (Ed. 1/87)
covering Automobile Liability, code 1 (any auto).
(3) Worker’s Compensation insurance as required by the State
of California, and Employer’s Liability Insurance.
(4) Professional Liability insurance in a form approved by the
City, having, at City’s option, an extended reporting period
of not less than three (3) years; or professional liability
insurance shall be maintained for a period of three (3) years
after completion of the Services which shall, during the
entire three (3) year period, provide protection against
claims of professional negligence arising out of Consultant’s
performance of the Services and otherwise complying with
all applicable provisions of this Section 12. The policy shall
be endorsed to include contractual liability to the extent
insurable.
12.3 Minimum Limits of Insurance. Consultant shall maintain limits no
less than:
(1) Commercial General Liability: $2,000,000 per occurrence
for bodily injury, personal injury and property damage.
Commercial General Liability Insurance with a general
aggregate limit shall apply separately to this Agreement or
the general limit shall be twice the required occurrence limit.
(2) Automobile Liability: $2,000,000 per accident for bodily
injury and property damage.
(3) Employer’s Liability: $1,000,000 per accident and in the
aggregate for bodily injury or disease and Workers’
Compensation Insurance in the amount required by law.
(4) Professional Liability: $1,000,000 per claim/aggregate.
(5) The Insurance obligations under this agreement shall be the
greater of (i) the Insurance coverages and limits carried by
the Contractor; or (ii) the minimum insurance requirements
shown in this Agreement. Any insurance proceeds in excess
of the specified limits and coverage required which are
applicable to a given loss, shall be available to the City. No
representation is made that the minimum insurance
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requirements of this Agreement are sufficient to cover the
obligations of the Contractor under this Agreement.
12.4 Deductibles and Self-Insured Retentions. Any deductibles or self-
insured retentions must be declared to and approved by the City and shall
not reduce the limits of coverage. City reserves the right to obtain a full
certified copy of any required insurance policy and endorsements.
12.5 Other Insurance Provisions.
(1) The commercial general liability and automobile liability
policies are to contain the following provisions on a separate
additionally insured endorsement naming the City, its
officers, officials, employees, designated volunteers and
agents serving as independent contractors in the role of City
officials as additional insureds as respects: liability arising
out of activities performed by or on behalf of Consultant;
products and completed operations of Consultant; premises
owned, occupied or used by Consultant; and/or automobiles
owned, leased, hired or borrowed by Consultant. The
coverage shall contain no limitations on the scope of
protection afforded to City, its officers, officials, employees,
designated volunteers or agents serving as independent
contractors in the role of City officials which are not also
limitations applicable to the named insured.
(2) For any claims related to this Agreement, Consultant’s
insurance coverage shall be primary insurance as respects
City, its officers, officials, employees, designated volunteers
and agents serving as independent contractors in the role of
City or officials. Any insurance or self-insurance
maintained by City, its officers, officials, employees,
designated volunteers or agents serving as independent
contractors in the role of City officials shall be excess of
Consultant’s insurance and shall not contribute with it.
(3) Consultant’s insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with
respect to the limits of the insurer’s liability.
(4) Contractor shall provide immediate written notice if (1) any
of the required insurance policies is terminated; (2) the limits
of any of the required polices are reduced; (3) or the
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deductible or self insured retention is increased. In the event
of any cancellation or reduction in coverage or limits of any
insurance, Contractor shall forthwith obtain and submit
proof of substitute insurance. Should Contractor fail to
immediately procure other insurance, as specified, to
substitute for any canceled policy, the City may procure such
insurance at Contractor’s sole cost and expense.
(5) Each insurance policy, required by this clause shall
expressly waive the insurer’s right of subrogation against
City and its elected officials, officers, employees, servants,
attorneys, designated volunteers, and agents serving as
independent contractors in the role of City officials.
(6) Each policy shall be issued by an insurance company
approved in writing by City, which is admitted and licensed
to do business in the State of California and which is rated
A:VII or better according to the most recent A.M. Best Co.
Rating Guide.
(7) Each policy shall specify that any failure to comply with
reporting or other provisions of the required policy, including
breaches of warranty, shall not affect the coverage required to
be provided.
(8) Each policy shall specify that any and all costs of adjusting
and/or defending any claim against any insured, including
court costs and attorneys' fees, shall be paid in addition to and
shall not deplete any policy limits.
(9) Contractor shall provide any and all other required insurance,
endorsements, or exclusions as required by the City in any
request for proposals applicable to this Agreement.
12.6 Evidence of coverage. Prior to commencing performance under this
Agreement, the Consultant shall furnish the City with certificates and original
endorsements, or copies of each required policy, effecting and evidencing the insurance
coverage required by this Agreement including (1) Additional Insured Endorsement(s), (2)
Worker’s Compensation waiver of subrogation endorsement, and (3) General liability
declarations or endorsement page listing all policy endorsements. The endorsements shall
be signed by a person authorized by the insurer(s) to bind coverage on its behalf. All
endorsements or policies shall be received and approved by the City before Consultant
commences performance. If performance of this Agreement shall extend beyond one year,
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Consultant shall provide City with the required policies or endorsements evidencing
renewal of the required policies of insurance prior to the expiration of any required policies
of insurance.
12.7 Contractor agrees to include in all contracts with all subcontractors
performing work pursuant to this Agreement, the same requirements and provisions of this
Agreement including the indemnity and insurance requirements to the extent they apply to
the scope of any such subcontractor’s work. Contractor shall require its subcontractors to
be bound to Contractor and City in the same manner and to the same extent as Contractor
is bound to City pursuant to this Agreement, and to require each of its subcontractors to
include these same provisions in its contract with any sub-subcontractor.
13. Cooperation. In the event any claim or action is brought against City
relating to Consultant’s performance or services rendered under this Agreement,
Consultant shall render any reasonable assistance and cooperation that City might require.
City shall compensate Consultant for any litigation support services in an amount to be
agreed upon by the parties.
14. Termination. City shall have the right to terminate this Agreement at any
time for any or no reason on not less than ten (10) days prior written notice to
Consultant. In the event City exercises its right to terminate this Agreement, City shall pay
Consultant for any services satisfactorily rendered prior to the effective date of the
termination, provided Consultant is not then in breach of this Agreement. Consultant shall
have no other claim against City by reason of such termination, including any claim for
compensation. City may terminate for cause following a default remaining uncured more
than five (5) business days after service of a notice to cure on the breaching party.
Consultant may terminate this Agreement for cause upon giving the City ten (10) business
days prior written notice for any of the following: (1) uncured breach by the City of any
material term of this Agreement, including but not limited to Payment Terms; (2) material
changes in the conditions under which this Agreement was entered into, coupled with the
failure of the parties to reach accord on the fees and charges for any Additional Services
required because of such changes.
15. Notices. Any notices, bills, invoices, or reports authorized or required by
this Agreement shall be in writing and shall be deemed received on (a) the day of delivery
if delivered by hand or overnight courier service during Consultant’s and City’s regular
business hours; or (b) on the third business day following deposit in the United States mail,
postage prepaid, to the addresses set forth in this Section, or to such other addresses as the
parties may, from time to time, designate in writing pursuant to the provisions of this
Section.
All notices shall be addressed as follows:
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If to City: Robert Neiuber, Human Resources Director
10500 Civic Center Drive
Rancho Cucamonga, Ca 91730
If to Consultant: J. Scott Tiedemann, Managing Partner
6033 W. Century Boulevard, 5th Floor
Los Angeles, Ca 90045
16. Non-Discrimination and Equal Employment Opportunity. In the
performance of this Agreement, Consultant shall not discriminate against any employee,
subcontractor, or applicant for employment because of race, color, creed, religion, sex,
marital status, national origin, ancestry, age, physical or mental handicap, medical
condition, or sexual orientation. Consultant will take affirmative action to ensure that
subcontractors and applicants are employed, and that employees are treated during
employment, without regard to their race, color, creed, religion, sex, marital status, national
origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.
17. Assignment and Subcontracting. Consultant shall not assign or transfer
any interest in this Agreement or subcontract the performance of any of Consultant’s
obligations hereunder without City’s prior written consent. Except as provided herein, any
attempt by Consultant to so assign, transfer, or subcontract any rights, duties, or obligations
arising hereunder shall be null, void and of no effect.
18 Compliance with Laws. Consultant shall comply with all applicable
federal, state and local laws, ordinances, codes and regulations in force at the time
Consultant performs the Services. CONSULTANT is aware of the requirements of
California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code
of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require
the payment of prevailing wage rates and the performance of other requirements on “public
works” and “maintenance” projects. If the Services are being performed as part of an
applicable “public works” or “maintenance” project, as defined by the Prevailing Wage
Laws, and if the total compensation is $1,000 or more, CONSULTANT agrees to fully
comply with such Prevailing Wage Laws. The applicable prevailing wage rate
determinations can be found at http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm
CONSULTANT shall make copies of the prevailing rates of per diem wages for each craft,
classification or type of worker needed to execute the Services available to interested
parties upon request, and shall post copies at the Consultant’s principal place of business
and at the Project site. CONSULTANT shall defend, indemnify and hold the City, its
elected officials, officers, employees and agents free and harmless from any claim or
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liability arising out of any failure or alleged failure to comply with the Prevailing Wage
Laws.
19. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of
any one or more of the conditions of performance under this Agreement shall not be a
waiver of any other condition of performance under this Agreement. In no event shall the
making by City of any payment to Consultant constitute or be construed as a waiver by
City of any breach of covenant, or any default which may then exist on the part of
Consultant, and the making of any such payment by City shall in no way impair or
prejudice any right or remedy available to City with regard to such breach or default.
20. Attorney’s Fees. In the event that either party to this Agreement shall
commence any legal action or proceeding to enforce or interpret the provisions of this
Agreement, the prevailing party in such action or proceeding shall be entitled to recover its
costs of suit, including reasonable attorney’s fees and costs of experts.
21. Exhibits; Precedence. All documents referenced as exhibits in this
Agreement are hereby incorporated in this Agreement. In the event of any material
discrepancy between the express provisions of this Agreement and the provisions of any
document incorporated herein by reference, the provisions of this Agreement shall prevail.
22. Applicable Law and Venue. The validity, interpretation, and performance
of this Agreement shall be controlled by and construed under the laws of the State of
California. Venue for any action relating to this Agreement shall be in the San Bernardino
County Superior Court.
23. Construction. In the event of any asserted ambiguity in, or dispute
regarding the interpretation of any matter herein, the interpretation of this Agreement shall
not be resolved by any rules of interpretation providing for interpretation against the party
who causes the uncertainty to exist or against the party who drafted the Agreement or who
drafted that portion of the Agreement.
24. Entire Agreement. This Agreement consists of this document, and any
other documents, attachments and/or exhibits referenced herein and attached hereto, each
of which is incorporated herein by such reference, and the same represents the entire and
integrated agreement between Consultant and City. This Agreement supersedes all prior
oral or written negotiations, representations or agreements. This Agreement may not be
amended, nor any provision or breach hereof waived, except in a writing signed by the
parties which expressly refers to this Agreement.
IN WITNESS WHEREOF, the parties, through their respective authorized
representatives, have executed this Agreement as of the date first written above.
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Consultant Name: Liebert Cassidy Whitmore
By: ______________________________
Name Date
______________________________
Title
City of Rancho Cucamonga
By:________________________________
Name Date
_________________________________
Title
By: ______________________________
Name Date
______________________________
Title
City of Rancho Cucamonga
By:________________________________
Name Date
_________________________________
Title
(two signatures required if corporation)
EXHIBIT A
SCOPE OF SERVICES
See Attached
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EXHIBIT B
SCHEDULE OF PERFORMANCE
See Attached
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Attachment A – Sample Waiver of Subrogation
(Sample Only – Not all forms will look identical to this Sample)
The City of Rancho Cucamonga, its officers, officials, employees, designated
volunteers and agents serving as independent contractors in the role of City or
officials.
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Attachment B – Sample Additional Insured for On-going Projects
The City of Rancho Cucamonga, its
officers, officials, employees, designated
volunteers and agents serving as
independent contractors in the role of City
or officials.
Page 51
Last Revised: 11/04/13 Page 1 of 2
ADDENDUM NO. 1
to
Professional Services Agreement
Whereas;
Liebert Cassidy Whitmore (hereinafter “LCW”) and the City of Rancho Cucamonga (hereinafter
the “City”) intend to enter into a Professional Services Agreement (hereinafter “Agreement”),
and
Whereas;
LCW has identified the following exceptions to the Agreement;
Section 11.2 Other Indemnities.
In connection with all Claims not covered by Section 11.1, and to the maximum extent permitted
by law, the Consultant shall hold defend, indemnify, and hold the Indemnitees free and harmless
with respect to any and all Claims including but not limited to Claims relating to death or injury
to any person and injury to any property, which arise out of, pertain to, or relate to the negligent
acts, errors or omissions of Consultant or any of its officers, employees, subcontractors,
subconsultants, or agents in the performance of this Agreement. Consultant shall defend
Indemnitees in any action or actions filed in connection with any such Claims with counsel of
City’s choice, and shall pay all costs and expenses, including actual attorney’s fees and experts’
costs incurred in connection with such defense. The indemnification obligation herein shall not
in any way be limited by the insurance obligations contained in this Agreement provided,
however, that the Contractor shall have no obligation to indemnify for Claims arising out of the
sole negligence or willful misconduct of any of the Indemnitees.
Now therefore:
LCW and the City desire to incorporate the above exceptions to the attached Professional Services
Agreement.
Please indicate your agreement by way of signature to this Addendum No. 1 and the attached
Professional Services Agreement. Please return two (2) original signed copies to the City no later than
October 15, 2021 The City will process for signature and provide LCW with one (1) fully executed
copy of the Professional Services Agreement and Addendum No. 1.
Liebert Cassidy Whitmore
By: ______________________________
Name Date
______________________________
Title
City of Rancho Cucamonga
By:________________________________
Name Date
_________________________________
Title
ATTACHMENT 2 Page 52
Last Revised: 11/04/13 Page 2 of 2
By: ______________________________
Name Date
______________________________
Title
By:________________________________
Name Date
_________________________________
Title
(two signatures required if corporation)
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9567545.1 LC001-009
AGREEMENT FOR SPECIAL SERVICES
This Agreement is entered into between the law firm of LIEBERT CASSIDY
WHITMORE, A Professional Corporation (“Attorney”), and the CITY OF RANCHO
CUCAMONGA, A Municipal Corporation (“City”).
1.Conditions
This Agreement will not take effect, and Attorney will have no obligation to
provide services, until City returns a properly signed and executed copy of this
Agreement.
2.Attorney’s Services
Attorney agrees to provide City with consulting, representational and legal
services pertaining to employment relations matters, including representation in
negotiations and in administrative and court proceedings, as requested by City or
otherwise required by law.
3.Fees, Costs, Expenses
City agrees to pay Attorney the sums billed monthly for time spent by Attorney in
providing the services, including reasonable travel time.
The current range of hourly rates for Attorney time is from Two Hundred Ten to
Three Hundred Eighty Dollars ($210.00 - $380.00). See Schedule I for a full Fee
Schedule. LCW reviews its hourly rates on an annual basis and, if appropriate, adjusts
them effective July 1. LCW will provide the Client with written notification of any
adjustment in the range of rates. LCW bills its time in units of one-tenth of an hour.
ATTACHMENT 3
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9567545.1 LC001-009
For Litigation Matters
See Schedule II attached for a description of LCW’s Litigation and EDiscovery
Management.
Other Expenses
City agrees to reimburse LCW for necessary costs and expenses incurred by LCW
on behalf of City. LCW bills photocopying charges at Fifteen Cents ($0.15) per page.
See Schedule I attached.
Payment by City against monthly billings is due upon receipt of statements, and is
considered delinquent if payment is not received within thirty (30) days of the date of the
invoice.
4. Professional Liability Insurance
The California Business & Professions Code requires us to inform you whether
we maintain errors and omissions insurance coverage applicable to the services to be
rendered to you. We hereby confirm that the firm does maintain such insurance
coverage.
5. Arbitration of Professional Liability or Other Claims
Disputes. If a dispute between City and Attorney arises over fees charged for
services, the controversy will be submitted to binding arbitration in accordance with the
rules of the California State Bar Fee Arbitration Program, set forth in California Business
and Professions Code, sections 6200 through 6206. The arbitrator or arbitration panel
shall have the authority to award to the prevailing party attorneys’ fees, costs and interest
incurred. Any arbitration award may be served by mail upon either side and personal
service shall not be required.
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9567545.1 LC001-009
If a dispute arises between City and Attorney over any other aspect of the
attorney-client relationship, including, without limitation, a claim for breach of
professional duty, that dispute will also be resolved by arbitration. It is understood that
any dispute as to any alleged breach of professional duty (that is, as to whether any legal
services rendered under this agreement were allegedly unnecessary, unauthorized,
omitted entirely, or were improperly, negligently or incompetently rendered) will be
determined by submission to arbitration as provided by California law, and not by a
lawsuit or resort to court process except as California law provides for judicial review of
arbitration proceedings. Both parties to this agreement, by entering into it, are giving
up their constitutional right to have any such dispute decided in a court of law
before a jury, and instead are accepting the use of arbitration. Each party is to bear
its own attorney’s fees and costs.
6. File Retention
After our services conclude, Attorney will, upon City’s request, deliver the file for
the matter to City, along with any funds or property of City’s in our possession. If City
requests the file for the matter, Attorney will retain a copy of the file at the City’s
expense. If City does not request the file for this matter, we will retain it for a period of
seven (7) years after this matter is closed. If City does not request delivery of the file for
this matter before the end of the seven (7) year period, we will have no further obligation
to retain the file and may, at our discretion, destroy it without further notice to City. At
any point during the seven (7) year period, City may request delivery of the file.
7. Assignment
This Agreement is not assignable without the written consent of City.
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9567545.1 LC001-009
8. Independent Contractor
It is understood and agreed that Attorney, while engaged in performing the terms
of this Agreement, is an independent contractor and not an employee of City.
9. Authority
The signators to this Agreement represent that they hold the positions set forth
below their signatures, and that they are authorized to execute this Agreement on behalf
of their respective parties and to bind their respective parties hereto.
10. Term
This Agreement is effective June 21, 2021, ongoing and may be modified by
mutual agreement of the parties. This agreement shall be terminable by either party upon
thirty (30) days written notice.
LIEBERT CASSIDY WHITMORE, CITY OF RANCHO CUCAMONGA,
A Professional Corporation A Municipal Corporation
By: _ By: _
Name: Name:
Title: Title:
Date: Date:
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9567545.1 LC001-009
SCHEDULE I – FEES & COSTS
1. Hourly Rates (As of Agreement Effective Date)
Partners
$370.00
Senior Counsel $320.00
Associates $210.00 - $300.00
Labor Relations/HR Consultant $240.00
Paralegals $130.00
E- Discovery Specialists $130.00
Law Clerks $130.00 - $170.00
Hourly rates (Effective July 1, 2021)
Partners
$380.00
Senior Counsel $325.00
Associates $210.00 - $305.00
Labor Relations/HR Consultant $240.00
Paralegals $135.00
E-Discovery Specialists $135.00
Law Clerks $135.00 - $175.00
2. COSTS
1. Photocopies
$0.15 per copy
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SCHEDULE II
LCW LITIGATION and E-DISCOVERY MANAGEMENT
LCW is committed to using state-of-the-art technology to efficiently manage and
harness electronically-stored information (“ESI”) in compliance with Federal and State law
requirements. LCW partners with an outside managed services provider to provide
Relativity, the industry leading e-discovery software, for this purpose. The cost for each
matter will depend on the volume and format of the data. For non-complex data up to 50
gigabytes, LCW charges a monthly fee of $375 on all active litigation matters for data
management, including data validation and security, ingestion, de-duplication, culling and
streamlining, and creation of Relativity fields for expedited review. For data of 50
gigabytes and over and for complex data requiring specialized services (e.g., payroll data,
spreadsheets with underlying formulas, video, advanced searches, etc.), additional charges
are incurred and are passed through to the client. For such charges, we will provide an
itemized bill from our managed services provider and obtain client approval prior to
incurring the charges.
Litigation Case Staffing
LCW has organized its litigation practice to meet the challenges of today’s complex
litigation cases. We employ a dedicated Litigation Manager – a non-billing attorney
litigator – whose responsibility is to monitor all litigation cases to ensure quality, efficiency,
and adherence to client and firm litigation guidelines. Each litigation case is staffed with a
Partner, an Associate (or Associates, as required and as approved by the Client), a Paralegal
and an E-Discovery Specialist. Our E-Discovery Specialists have extensive experience in
the efficient management of electronic data through every stage of the e-discovery life
cycle, and they strategize with attorneys and clients on effective ESI protocols. This makes
the document review process more efficient and enables our attorneys to target the most
relevant data to meet litigation objectives. Working with our e-discovery managed services
provider, we are able to provide state-of-the-art data processing and hosting services at
below-market rates.
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DATE:September 15, 2021
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY:Carrie Rios, Community Improvement Manager
SUBJECT:Consideration of a Professional Services Agreement with Dapeer
Rosenblit Litvak, LLP for Legal Services Related to the Municipal Code
and Other Civil Matters. (CITY)
RECOMMENDATION:
Staff recommends the City Council approve the Professional Services Agreement with Dapeer,
Rosenblit & Litvak, LLP for legal services related to enforcement of the Municipal Code, including
nuisance abatement, criminal prosecution, receivership action, and other civil matters.
BACKGROUND:
Dapeer, Rosenblit & Litvak, LLP has represented municipalities in criminal, civil, and
administrative proceedings to enforce State and local laws and regulations for more than 40
years.
Although the City already contracts with Silver & Wright for legal services pertaining to the
enforcement of the municipal code, Staff is interested in expanding its access to legal services in
order to assist with the abatement of substandard, hazardous, and otherwise unlawful conditions
and activities throughout the City. In addition to addressing substandard property conditions, the
City’s Community Improvement Division and Police Department are often tasked with responding
to other situations that require an expeditious response – including cannabis grows, birthing
houses, vacant structures and attractive nuisances, transients, short term vacation rentals, and
excessive noise complaints.
Having access to the services of Dapeer, Rosenblit & Litvak will not only allow Staff to more
expeditiously respond to issues within our City, but they can also assist should there be any
conflicts of interest with other legal counsel.
ANALYSIS:
Dapeer, Rosenblit & Litvak, LLP (“DRL”) began representing municipalities in 1979 and has
dedicated itself to assisting local communities in their efforts to provide quality of life to their
residents and protect against conditions and activities that impact the public health, safety, and
welfare.
Over the course of the past 40 years, DRL has worked to reduce blight, increase public safety,
and combat all types of nuisances that, as per the “broken window” theory, undermine the social
and economic backbones of communities. DRL has accomplished these tasks by helping cities
Page 60
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9
5
5
establish “Code Enforcement” policies and procedures; training officers to detect, investigate, and
abate municipal code violations; instituting processes designed to increase voluntary compliance;
modifying and/or adopting necessary code provisions to achieve community goals; and,
commencing appropriate legal enforcement procedures in the administrative, civil, and criminal
arenas - all while also helping municipalities establish cost recovery programs to ensure the
continued viability and vitality of such law enforcement efforts.
While traditional violations of building and safety codes persist, social and environmental changes
have created ever new and more complex situations. DRL has been innovative in creating legal
avenues to address these problems and to cooperate with various local, state, and federal
authorities in addressing complex legal violations. DRL has been and continues to lead the legal
community in dealing with these problems creatively and efficiently.
DRL attorneys regularly prosecute violators of local ordinances, appear in administrative
proceedings, act as hearing officers for public entities, and appear in civil proceedings to enforce
local law and to advocate for their municipal clients. DRL attorneys actively litigate in all state and
federal courts and regularly appear in appellate courts, including the California Courts of Appeal,
the California Supreme Court, the 9th Circuit, and the United States Supreme Court. These
appearances have resulted in numerous published opinions of importance to local communities.
DRL attorneys are regarded as experts in the field of “Code Enforcement” and have been featured
as guest speakers and lecturers to law enforcement agencies, government associations, and
educational institutions throughout the State. DRL attorneys have spoken on such topics as
criminal procedure and prosecutions; investigations and Fourth Amendment implications;
administrative citation programs; regulation of adult businesses and other First Amendment
activities; medical marijuana dispensaries; hoarders/pack-rats; receiverships; and cost-recovery
programs.
The firm also regularly works with city staff and management and city attorneys in creating
programs, protocols, and ordinances that address problems and tailor them to the unique
circumstances faced by individual cities.
DRL is one of the most established and experienced law firms in California dedicated to assisting
Cities in the enforcement of its municipal code and applicable State laws through administrative,
civil, and criminal processes.
Ten (10) attorneys, in addition to paralegals, clerks, and administrative assistants, will provide all
of the necessary legal services for the City. All attorneys are licensed to practice law throughout
California.
A copy of the agreement is on file with the City Clerk’s office.
FISCAL IMPACT:
There should not be any fiscal impact, as the cost of services has already been budgeted for the
Fiscal Year 2021/22 in various accounts for civil litigation and criminal prosecution. Additionally,
as authorized by the California Government Code and the Rancho Cucamonga Municipal Code,
Dapeer Rosenblit Litvak, LLP strongly pursues cost recovery for services required to bring a
property into compliance.
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5
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
This item addresses the City Councils Core Values of promoting and enhancing a safe and
healthy community for all while providing the city with legal services to combat blight in our
neighborhoods.
ATTACHMENTS:
Attachment 1 – Proposal
Page 62
Dapeer Rosenblit Litvak, LLP
-Protecting Communities Since 1979 -
FIRM PROFILE AND PROPOSAL FOR
CODE ENFORCEMENT /
CITY PROSECUTOR AND
LITIGATION SERVICES
PRESENTED TO THE
City of
Rancho Cucamonga
June 7, 2021
CONTACT INFORMATION
WILLIAM LITVAK, MANAGING PARTNER / WLITVAK@DRLLAW.COM
JAMES ECKART, PARTNER / JECKART@DRLLAW.COM
11500 W. OLYMPIC BOULEVARD, SUITE 550
LOS ANGELES, CA 90064
TEL (310) 477-5575
FAX (310) 477-7090
WWW.DRLLAW.COM
Attachment 1
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❖ Experience ❖ Commitment ❖ Integrity ❖ Preparation ❖ Public Service
INTRODUCTION AND FIRM HISTORY
Dapeer, Rosenblit & Litvak, LLP (“DRL”) began representing municipalities in 1979 and
has dedicated itself to assisting local communities in their efforts to provide quality of life
to their residents and protect against conditions and activities that impact the public health,
safety, and welfare.
Over the course of the past 40 years, DRL has worked to reduce blight, increase public
safety, and combat all types of nuisances that, as per the “broken window” theory,
undermine the social and economic backbones of communities. DRL has accomplished
these tasks by helping cities establish “Code Enforcement” policies and procedures;
training officers to detect, investigate, and abate municipal code violations; instituting
processes designed to increase voluntary compliance; modifying and/or adopting
necessary code provisions to achieve community goals; and, commencing appropriate
legal enforcement procedures in the administrative, civil, and criminal arenas - all while
also helping municipalities establish cost recovery programs to ensure the continued
viability and vitality of such law enforcement efforts.
While traditional violations of building and safety codes persist, social and environmental
changes have created ever new and more complex situations. DRL has been innovative in
creating legal avenues to address these problems and to cooperate with various local, state
and federal authorities in addressing complex legal violations. DRL has been and
continues to lead the legal community in dealing with these problems creatively and
efficiently.
DRL attorneys regularly prosecute violators of local ordinances, appear in administrative
proceedings, act as hearing officers for public entities, and appear in civil proceedings to
enforce local law and to advocate for their municipal clients. DRL attorneys actively
litigate in all state and federal courts and regularly appear in appellate courts, including the
California Courts of Appeal, the California Supreme Court, the 9th Circuit and the United
States Supreme Court. These appearances have resulted in numerous published opinions
of importance to local communities.
DRL attorneys are regarded as experts in the field of “Code Enforcement” and have been
featured as guest speakers and lecturers to law enforcement agencies, government
associations, and educational institutions throughout the State. DRL attorneys have spoken
on such topics as criminal procedure and prosecutions; investigations and Fourth
Amendment implications; administrative citation programs; regulation of adult businesses
and other First Amendment activities; medical marijuana dispensaries; hoarders/pack-rats;
receiverships; and cost-recovery programs.
The firm also regularly works with city staff and management and city attorneys in
creating programs, protocols and ordinances that address problems and tailor them to the
unique circumstances faced by individual cities.
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DRL is “AV” rated by Martindale-Hubbell (their highest rating for ethics and quality of
legal service), is a member of the Law Council of America, and is dedicated to diversity in
the legal community. DRL attorneys have also been recognized as Southern California
“Super Lawyers” and “Rising Stars.” As representatives of local government, DRL has
adopted the highest standards of ethical responsibility. The attorneys at DRL understand
that their roles as prosecutors and public representatives entail a duty to seek justice in all
enforcement actions – whether administrative, civil, or criminal.
DRL has garnered a reputation with judges and defense counsel in criminal and civil courts
throughout the State as experienced prosecutors and litigators who utilize every available
tool to obtain compliance and maintain public safety for our clients, while being fair and
reasonable to preserve both our clients’ and the courts’ resources.
Notwithstanding the 160 years of collective court-room experience of senior DRL attorneys,
DRL’s philosophy and commitment is to obtain voluntary compliance whenever possible.
The arts of persuasion and diplomacy are utilized with great success to achieve this objective
– allowing DRL and its clients to either avoid costly litigation altogether or to conclude it
with the highest degree of success. DRL also believes a fundamental aspect of obtaining
voluntary resolutions is an understanding in the community that DRL lawyers are skilled
advocates who take great care to prepare each case for trial and demonstrate a proficiency
as to the facts and law applicable to each matter. As a result of their diligent and thorough
efforts, DRL’s lawyers have enjoyed extraordinary success in both voluntary compliance
and at trial.
While preserving its prosecutorial independence, upholding ethical responsibilities and
avoiding conflicts of interest, DRL attorneys work closely with City Staff in all matters
referred to it. DRL attorneys maintain regular communications with City Staff to ensure
that the best interests of the community are always paramount in any legal decisions made.
Constant communication and involvement with City Staff is a mainstay of DRL’s
philosophy and a substantial reason for its continued success.
DRL also recognizes that the hard work and dedication of City personnel are the foundation
of any successful code enforcement proceeding. As such, our clients have embraced our
core belief that the firm is more than just the attorneys who handle courtroom proceedings.
Rather, the firm is part of the “City Team” (which consists not only of Code Enforcement
Officers, but also representatives of the Police and Fire Departments, as well as Building &
Safety, Planning, Public Works, and Finance Departments, and other City divisions). DRL
attorneys are often requested to provide advice and strategy at the commencement of an
investigation to provide the City with the best chance of achieving quick and complete
compliance. In most cases, DRL increases the City’s voluntary compliance success rate by
issuing written compliance request letters to violators prior to commencing legal action.
And, if additional evidence or investigation is required prior to commencing an enforcement
proceeding, DRL attorneys will not only advise Staff what is required but will provide
insight into and assistance with accomplishing it.
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The dedication, experience, and philosophy of DRL has allowed the firm to successfully
resolve thousands of cases involving:
• Building Codes
• Zoning Codes
• Fire Codes
• Property Maintenance & Health
Codes
• Nuisance Abatement
• Marijuana Regulations
• Specially Regulated Activities
• Red Light Abatement Ordinances
and Statutes
• Massage Establishment Reg.
• Adult Entertainment Regulation
• License and Tax Codes
• Automated Red-Light Traffic
Enforcement
• Ordinance Review and Analysis
Miscellaneous Matters
• Noise disturbances, illegal peddling, drinking in public, aggressive panhandling, and
illegal use of public property.
• Animal Control/Dangerous and Vicious dogs.
• Prostitution and Gambling issues.
• License and Permit Revocations.
• Conditional Use Permit enforcement and termination
• Defending cities in mandamus proceedings in the superior court.
• Representing appellants and respondents in governmental and private party appeals.
• Formulating or revising code enforcement programs.
• Assisting task force programs (police, fire, building planning, county health and state
agencies) to reduce crime and related Housing and Building Code violations.
• Overseeing “sting” operations by police/sheriff personnel regarding motel operators and
illegal massage parlors.
• Prosecuting injunctive actions in the superior court to abate continuing public nuisances.
Services Available Related to Code Enforcement Programs
• Code Enforcement Case and Program Consultation
• Criminal Prosecution
• Administrative Enforcement/Hearings
• Health and Safety Code Receiverships
• Inspection and Abatement Warrants
• Administrative Citations Hearings and Appeals
• Civil Code Enforcement
• Municipal Litigation
• Specialty Ordinance Review and Preparation
• Mandamus and Appellate matters
• Custom program and litigation services
Implementation
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DRL has successfully assisted Cities in increasing the percentage of matters resolved
through voluntary compliance – thereby avoiding the unnecessary expenditure of precious
City resources. In order to achieve these results, however, requires that the City and its
prosecutor be prepared to proceed with prosecution or litigation to demonstrate that absent
voluntary compliance, there will be legal consequences to violating local and state laws.
DRL works closely with staff and city attorneys in formulating protocols for rendering
services and in identifying areas where the firm may be of assistance. Staff attorneys meet
with appropriate City Staff to discuss current City policies, procedures, and practices as they
relate to the enforcement of the municipal code and applicable State laws, in addition to
coordinating procedures for the referral of cases to our office. Care would be taken to
discuss ongoing cases, as well as any areas on which the City would like to focus its code
enforcement efforts and resources.
Upon transfer of cases to our office, DRL lawyers will independently analyze the issues and
evidence in each case. Thereafter, the firm will provide Staff with our recommended course
of action – which will be based upon our experience and expertise at achieving complete
compliance in a timely fashion, while preserving City resources.
If desired by the City, DRL will hold “office hours” at City Hall on a regular (agreed-upon)
basis to provide City Staff an opportunity to meet with us to discuss ongoing cases and/or
other issues. Notwithstanding any agreed-upon office hours, DRL lawyers will be readily
accessible at all times to respond to any telephonic or email inquiries and/or to discuss cases
with Staff.
Firm Staffing
DRL is one of the most established and experienced law firms in California dedicated to
assisting Cities in the enforcement of its municipal code and applicable State laws through
administrative, civil, and criminal processes.
Although DRL’s roster includes over 50 municipalities in 6 California counties, the majority
of our clients are located in Los Angeles County.
Ten (10) attorneys, in addition to paralegals, clerks, and administrative assistants, will
provide all of the necessary legal services for the City. All attorneys are licensed to practice
law throughout California.
DRL’s attorneys are:
• William Litvak, Partner (Managing Partner – Chief Trial Attorney: Civil, Criminal and
Appellate Departments)
• Steven H. Rosenblit, Partner (Prosecutor and City Counselor)
• Kenneth B. Dapeer, Partner (Prosecutor and City Counselor)
• James Eckart, Partner (Prosecutor and City Counselor)
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• Patricia Fitzgerald, Associate (Prosecutor)
• Eric P. Markus, Senior Associate (Trial Attorney)
• Caroline K. Castillo, Senior Associate (Trial Attorney)
• Joan Smyth, Senior Associate (Trial Attorney)
Senior Attorneys
William Litvak has handled criminal and civil matters – both at the trial and appellate levels
– on behalf of municipalities for almost 30 years and has been named a Super Lawyer for
Southern California multiple times. He has additionally served as an arbitrator, settlement
officer, and judge pro tem for the Los Angeles Superior Court, and has been an instructor,
guest speaker, and/or lecturer on such topics as medical marijuana dispensaries, “red light”
(gambling and prosecution) nuisance abatement, narcotics nuisance abatement, injunctions
and receiverships, and red light photo enforcement, including appearing before the
California Supreme Court in a successful defense of these important safety programs.
Recently, he was also successful before the 9th Circuit of the United States Court of Appeal
in protecting the rights of city police and enforcement officers to enter private businesses
for the purposes of investigating violations of law. Mr. Litvak was selected to represent all
of the member cities of the California Contract Cities Association in a contractual dispute
with the County of Los Angeles related to a multimillion-dollar contract for sheriff services.
He is licensed to practice before all courts of this state, the 9th Circuit and the United States
Supreme Court. He also regularly represents public entities in civil rights, inverse
condemnation and commercial matters.
James Eckart has spent the past 22 years (both as a City Prosecutor and with the Los
Angeles County District Attorney’s Office) criminally prosecuting individuals who violate
State and local laws. He has been an instructor, guest speaker, and/or lecturer for numerous
Police Departments, the Los Angeles County Sheriff’s Department, Code Enforcement
Officer associations, Los Angeles County Health Department, and other governmental
personnel on investigation techniques, search & seizure issues, report writing, and court
procedures and testimony. Mr. Eckart serves as an adjunct faculty member of Santiago
Canyon College, teaching courses on public policy and legal aspects of law enforcement.
Mr. Eckart has also authored and presented training to over 300 City Attorneys
(through the League of California Cities) on how to successfully prosecute municipal
code violations. Additionally, Mr. Eckart regularly drafts ordinances and/or revisions to
municipal code provisions to ensure clients have the most up-to-date tools available to
tackle issues arising within their jurisdiction.
Steven Rosenblit and Kenneth Dapeer founded this office in 1978, and since that time
have focused their practice almost exclusively to serving municipalities as their designated
City Prosecutors. Their dedication to providing their municipal clients with the best legal
advice and highest quality work product has resulted in frequent requests for Mr. Rosenblit
and Mr. Dapeer to be instructors, lecturers, and speakers at code enforcement workshops
for code enforcement officers throughout the State.
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Fee and Compensation Schedule:
Every municipality is unique – and its level of code enforcement activity is equally so. In
consideration of the varying degrees of code enforcement activity by each of our municipal
clients, the Firm does not seek a monthly retainer for legal services. Rather, the firm’s legal
fees are based upon an hourly rate (as set forth herein). As such, fees are only incurred when
and if the City requires assistance from the Firm. Due to the experience of the Firm’s lawyers
and staff in code enforcement, the Firm is able to provide the highest quality of services in
the most efficient manner possible, thereby maximizing the cost effectiveness of the City’s
code enforcement program.
DRL hourly rates:
A. Criminal Prosecution Services – $200/hours;
B. Administrative Services - $225/hour;
C. Code Enforcement General Municipal Litigation and Appellate Services, including
Health and Safety Code Receiverships - $250/hour.
D. Para-professional Services - $185/195/205 per hour for categories A, B and C,
respectively
E. Expenses and Costs
In addition to fees, the Firm would be entitled to reimbursement of costs and
expenses incurred in performing our services. Such costs would include, but not be
limited to:
• Process server fees and charges – As incurred for service of “Notices to
Appear,” filing of pleadings in court and the procurement of certified public
records when not otherwise available from our electronic service providers,
and other similar charges;
• Online 3rd party database providers – Transaction fee of $15 for each
request/search, in addition to actual charges for the service provider. These
searches include property ownership information, lien and/or loan
documents, corporate or other business information, and “discovery” on
individuals to identify and locate responsible parties;
• Online legal research charges – As incurred;
• Copier charges – B&W – 10¢/page; Color - 25¢/page;
• Postage – As incurred;
• Exhibit preparation (including enlargement of photographs) – As incurred;
• Court reporter or transcript fees – As incurred at cost.
• Approved travel expenses, reimbursed at cost.
• Parking, entrance or other fees incurred to attend hearing or proceeding,
reimbursed at cost.
• Any extraordinary expenses (e.g., 3rd party expert witness or consulting fees)
incurred with prior City approval.
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Fee and Cost Recovery
The firm believes that to the extent legally permissible the public should not have to bear
the ultimate cost for remediation of code violation or to secure compliance with the City’s
laws. Therefore, in each proceeding we evaluate all available sources for reimbursement to
the City for the attorneys’ fees, staff time and expenses incurred. In accordance with
applicable law, we will endeavor to request reimbursement in appropriate circumstances.
Insurance DRL maintains professional liability coverage in the amount of $2,000,000 per
occurrence and $2,000,000 in the aggregate.
Conclusion
DRL’s core belief is that the best results are obtained through thoughtful, deliberate, and
thorough preparation. The Firm steadfastly adheres to the principles of respect, courtesy,
cooperation, and diversity. While always ready to proceed with litigation, DRL attorneys
strive to reach a voluntary resolution to disputes.
DRL attorneys are available to provide training, advice, and support to City Staff to ensure
the best possible result from legal enforcement actions. The Firm understands the budgetary
and other resource constraints that our clients face, and the Firm work as part of the City
Team to maximize the results of any enforcement action commenced by the City while
conserving City resources.
Neither DRL nor its lawyers seek or accept assignments as City Attorneys. The Firm
believes that as city prosecutors it needs to provide an independent perspective unrelated to
the City’s policy decisions thus avoiding any appearance that prosecutorial services are
being used for any other purpose. DRL values its independence and reserves to the judgment
of its lawyers consistent with ethical obligations to determine which cases will proceed to
prosecution.
DRL lawyers are excited about this opportunity to work with City of Rancho Cucamonga,
and believe that our experience, competitive fees, and dedication to the field of public law
make the firm uniquely qualified to assist the City with its code enforcement needs.
For further information, please contact the firm’s managing partner, William Litvak as
indicated below or at wlitvak@drllaw.com.
Dapeer Rosenblit Litvak, llp
11500 W. Olympic Blvd. Suite 550
Los Angeles, California 90064
Tel (310) 477-5575
Fax (310) 477-7090
www.drllaw.com
Page 70
DATE:September 15, 2021
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY:Jason C. Welday, Director of Engineering Services/City Engineer
Annette Cano-Soza, Assistant Engineer
SUBJECT:Consideration of an Improvement Agreement Extension for Case No.
DRC2018-00430, Located East of Vineyard Avenue North of 8th Street,
Submitted by Richard Collins Jr. (CITY)
RECOMMENDATION:
Staff recommends that the City Council approve the Improvement Agreement Extension for Case
No. DRC2018-00430 located east of Vineyard Avenue and north of 8th Street.
BACKGROUND:
On January 22, 2020, the Planning Commission approved Case No. DRC2018-00430 for the
construction of a new 25,399 square foot industrial warehouse building located in the General
Industrial (GI) District, east of Vineyard Avenue and north of 8th Street.
On September 16, 2020, City Council approved an Improvement Agreement and associated
securities to guarantee the construction of the public improvements in the following amounts:
Faithful Performance Bond No. 1001140396 $29,300
Labor and Material Bond No. 1001140396 $29,300
ANALYSIS:
The developer, Richard Collins Jr., has submitted a request for a 12-month extension to the
Improvement Agreement. Completion of the public improvements has been delayed due to the
developer currently working with the U.S. Army Corps of Engineers to purchase the adjacent
parcel, which will allow the proposed project to be completed.
If approved, the Improvement Agreement would be extended to September 16, 2022.
FISCAL IMPACT:
None.
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
This item addresses the City Council’s vision for the City by ensuring the construction of high-
quality public improvements that promote a world class community.
ATTACHMENTS:
Attachment 1 - Vicinity Map
Page 71
ATTACHMENT 1
1
6
3
3
DRC2018-00430
Vicinity Map
NOT TO SCALE
Project Site
Page 72
DATE:September 15, 2021
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY:Jason C. Welday, Director of Engineering Services/City Engineer
Sandra Salazar, Associate Engineer
SUBJECT:Consideration to Accept as Complete, File a Notice of Completion, and
Authorize Release of Retention, and Bonds for the School Crosswalk
Improvements Project, Contract No. 2021-054. (CITY)
RECOMMENDATION:
Staff recommends that the City Council:
1. Accept the School Crosswalk Improvements Project, Contract No. 2021-054 (Project), as
complete;
2. Approve the final contract amount of $131,079;
3. Authorize the release of the Faithful Performance Bond 35 days after recordation of Notice
of Completion and accept a Maintenance Guarantee Bond;
4. Authorize the release of the Labor and Materials Bond in the amount of $121,309, six
months after the recordation of said notice if no claims have been received;
5. Authorize the City Engineer to file a Notice of Completion and release of the project
retention, 35 days after recordation of Notice of Completion; and
6. Authorize the City Engineer to approve the release of the Maintenance Bond one year
following the filing of the Notice of Completion if the improvements remain free from
defects in material and workmanship.
BACKGROUND:
On June 2, 2021, the City Council awarded a construction contract to Elecnor Belco Electric, Inc.,
in the amount of $121,309 plus 10% contingency in the amount of $12,131 to address unforeseen
construction related incidentals. A copy of the June 2, 2021, 2020, City Council Staff Report is on
file with the City Clerk. A vicinity map is included as Attachment 1.
The scope of work for the Project consisted of, but not limited to, installing solar powered flashing
beacons; installing pavement striping and signage including ladder crosswalks; and related items
of work per the Project’s plans.
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The Community Development Block Grant (CDBG) funds are provided to the City as entitlement
grants from the U.S. Department of Housing and Urban Development (or HUD). On April 15,
2020, the Rancho Cucamonga City Council adopted the 2020-2024 Consolidated Plan covering
the period of July 1, 2020 to June 30, 2025. The four (4) core strategies of the 2020-2024
Consolidated Plan include:
Fair Housing Services
Public Services
Affordable Housing Preservation
Public Facilities and Infrastructure Improvements.
The proposed improvements align with the core strategies listed above as well as with the City’s
Safe Routes to School Initiative goals and will benefit pedestrians, including school age youth,
utilizing existing school crosswalks. Locations are outlined on the project plans and the vicinity
map included as Attachment 1.
ANALYSIS:
The subject project has been completed in accordance with the approved plans and specifications
and to the satisfaction of the City Engineer.
The net increase in the total cost of the project is a result of three (3) Contractor Change Orders,
including the balancing statement, and are summarized below:
Change Order No.1: Furnishing and installation of eight (8) Caltrans Type 1-B Poles in lieu of the
originally specified material. The Type-1B Poles will reduce future maintenance cost and secure
a quality installation. The change in contract cost due to this change order is an increase of
$7,317;
Change Order No.2: Installation of additional R1-5 yield signs and post. Installation of anti-graffiti
overlay film on all signs attached to the Rectangular Rapid Flashing Beacons. This overlay film
will provide a layer of protection and reduce future maintenance cost. The change in contract cost
due to this change order is an increase of $3,853; and
Change Order No.32: The balancing statement for the project. The balancing statement conforms
the final contract quantities to the actual quantities placed or constructed during the contract. The
notable change is a decrease in the contract quantities amount of $1,400 resulting from a credit
received for returning unused equipment.
At the end of the one-year maintenance period, if the improvements remain free from defects in
materials and workmanship, the City Clerk will release the Maintenance Bond upon approval by
the City Engineer.
FISCAL IMPACT:
A total of $147,080 was budgeted in Fiscal Year 2020/21 from the Community Development
Block grant (CDBG) Fund (Fund 204) which is identified under Capital Improvement Project
Account No. and in the amount listed below.
Account No.Funding Source Description Amount
1204314-5650/2015204-0 CDBG Fund (204)School Crosswalk
Improvements
$147,080
Total Project Funding =$147,080
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1
The final project cost is $144,719 as shown below:
e final project c
A total of $2,361 remains in the budget for this project and will be returned to the
Community Development Grant (CDBG) Fund (Fund 204), fund balances to be used for
future capital improvement projects.
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
This project meets our City Council core values by promoting and enhancing a safe and healthy
community for all, and by providing improvement through the construction of high quality public
improvements.
ATTACHMENTS:
Attachment 1 - Vicinity Map
Expenditure Amount
Final Construction Contract $131,079
Construction Inspection Services $ 13,640
Total Project Cost =$144,719
Page 75
ATTACHMENT 1
SCHOOL CROSSWALK IMPROVEMENTS PROJECT
VICINITY MAP
NOT TO SCALE
Project Location 1 of 7: Archibald Ave and 9th St
Project Location 2 of 7: Archibald Ave and Tryon St
Project Location 3 of 7: Baker Ave and Salina St
Project Location 4 of 7: Church St and Layton St
Project Location 5 of 7: Baker Ave and 9th St
Project Location 6 of 7: Feron Blvd and Villa Del Norte Driveway
Project Location 7 of 7: Amethyst Ave and La Grande St
Legend:
= Project Location(s)
Page 76
DATE:September 15, 2021
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY:Jason C. Welday, Director of Engineering Services/City Engineer
Romeo M. David, Associate Engineer
SUBJECT:Consideration to Accept as Complete, File the Notice of Completion and
Authorize Release of Retention and Bonds for the Hellman Avenue
Sidewalk Improvements and ADA Ramps at Various Locations, Contract
No. 2021-053. (CITY)
RECOMMENDATION:
Staff recommends that the City Council:
1. Accept the Hellman Avenue Sidewalk Improvements and ADA ramps at Various Locations
Project, Contract No. 2021-053 (Project), as complete;
2. Approve the final contract amount of $204,515;
3. Authorize the release of the Faithful Performance Bond 35 days after recordation of Notice
of Completion and accept a Maintenance Guarantee Bond;
4. Authorize the release of the Labor and Materials Bond in the amount of $204,350, six
months after the recordation of said notice if no claims have been received;
5. Authorize the City Engineer to file a Notice of Completion and release of the project
retention, 35 days after recordation of Notice of Completion; and
6. Authorize the City Engineer to approve the release of the Maintenance Bond one year
following the filing of the Notice of Completion if the improvements remain free from
defects in material and workmanship.
BACKGROUND:
On June 2, 2021, the City Council awarded a construction contract to FS Contractors, Inc., in the
amount of $204,350 plus 10% contingency in the amount of $20,435 to address unforeseen
construction related incidentals. A copy of the June 2, 2021, 2020, City Council Staff Report is on
file with the City Clerk. A vicinity map is included as Attachment 1.
The scope of work consisted of constructing sidewalks, ADA ramps, curb and gutter, drive
approaches, relocating signs, removing trees, planting 24” box trees, relocation of a water meter
and service line, saw cutting and removing portions of a brick retaining wall, asphalt
Page 77
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9
4
7
pavement driveway tie-ins, relocation of existing irrigation and controller valve boxes and related
items of work per approved plans.
Community Development Block Grant (CDBG) funds are provided to the City as entitlement
grants from the U.S. Department of Housing and Urban Development (or HUD). On April 15,
2020, the Rancho Cucamonga City Council adopted the 2020-2024 Consolidated Plan covering
the period of July 1, 2020 to June 30, 2025. The four (4) core strategies of the 2020-2024
Consolidated Plan include:
Fair Housing Services
Public Services
Affordable Housing Preservation
Public Facilities and Infrastructure Improvements
The completion of sidewalk improvements on the northwest corner of Hellman Avenue and 9th
Street as well as the ADA ramp improvements at four locations throughout the city align with the
core strategies listed above as well as the City’s Safe Routes to School Initiative goals and will
benefit pedestrians of all abilities.
ANALYSIS:
The subject project has been completed in accordance with the approved plans and specifications
and to the satisfaction of the City Engineer.
The net increase in the total cost of the project is a result of five (5) Contract Change Orders,
including the final balancing statement are summarized below:
Change Order No.1: Removal of interfering abandoned 15” diameter Reinforce Concrete Pipe
underneath the grass and capping of each end of the pipe, approximately 35 feet in length. The
change in contract cost due to this change order is an increase of $1,425.00;
Change Order No.2: Removal and replacement of existing signs to standard height. The change
in contract cost due to this change order is an increase of $2,100.00;
Change Order No.3: Installation of a new backflow cage to protect backflow device. The change
in contract cost due to this change order is an increase of $1,800.00;
Change Order No.4: Installation of new cobble rock paving to re-route pedestrians to the new
path of travel. The change in contract cost due to this change order is an increase of $1,800.00;
Change Order No.5: The balancing statement for the project. The balancing statement conforms
the final contract quantities to the actual quantities placed or constructed during the contract. The
notable change is a decrease in the contract quantities amount of ($6,960) resulting from a
reduction in cost associated with the line item for pedestrian push buttons.
At the end of the one-year maintenance period, if the improvements remain free from defects in
materials and workmanship, the City Clerk will release the Maintenance Bond upon approval by
the City Engineer.
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FISCAL IMPACT:
A total of $238,425 was budgeted in Fiscal Year 2020/21 from the Community Development Block
grant (CDBG) Fund (Fund 204) which is identified under Capital Improvement Project Account
No. and in the amount listed below:
Account No.Funding Source Description Amount
12043145650/201204-0 CDBG Fund (204)Hellman Avenue
Sidewalk Improvements
and ADA ramps at
Various Locations
$ 238,425
Total Project Funding =$238,425
The final project cost is $218,155 as shown below:
A total of $20,270 remains in the budget for this project and will be returned to the Community
Development Grant (CDBG) Fund (Fund 204), fund balances to be used for future capital
improvement projects.
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
This item addresses the City Council's Core Values by ensuring the construction of high-quality
public improvements that promote success as a world class community.
ATTACHMENTS:
Attachment 1 - Vicinity Map
Expenditure Amount
Final Construction Contract $204,515
Construction Inspection Services $ 13,640
Total Project Cost =$218,155
Page 79
Hellman Avenue Sidewalk Improvements
and ADA Ramps
Vicinity Map
NOT TO SCALE
Project Site
Hellman Ave Sidewalk Project Site
Ramps @ Layton St and Church Street and
Ramps @ Tryon St and Archibald Ave
Ramps @ Archibald Ave and 9th Street
Ramps @ Amethyst Ave and La Grande
ATTACHMENT 1Page80
DATE:September 15, 2021
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY:Jason C. Welday, Director of Engineering Services/City Engineer
Annette Cano-Soza, Assistant Engineer
SUBJECT:Consideration to Accept Public Improvements Located in the Village
Commercial (VC) District of the Victoria Planned Community, South of
Attwood Court and West of Victoria Park Lane, Related to Case No.
DRC2017-00889, as Complete, File the Notice of Completion, and
Authorize Release of Bonds. (CITY)
RECOMMENDATION:
Staff recommends that the City Council:
1. Approve and accept the public improvements and their design, required for the
development of Case No. DRC2017-00889 and authorize the City Engineer to file the
appropriate Notice of Completion;
2. Release Faithful Performance Bond No. 491495S for the associated public
improvements;
3. Release the Labor and Material Bond No. 491495S; and
4. Waive the maintenance bond requirement.
BACKGROUND:
Case No. DRC2017-00889 was approved by the Planning Commission on July 26, 2018 to
construct a childcare facility and outdoor play areas in the Village Commercial (VC) District of the
Victoria Planned Community, located south of Atwood Court and west of Victoria Park Lane. An
improvement agreement and securities were approved by the City Council on April 17, 2019, to
ensure construction of the required public improvements.
ANALYSIS:
All public improvements required of this development have been completed to the satisfaction of
the City Engineer.
Prior to construction of the public improvements the developer, Victoria Park Preschool LLC, a
California Limited Liability Company, submitted the following securities to ensure satisfactory
completion of the improvements:
Faithful Performance Cash Bond $12,900 Bond #491495S
Labor and Materials Cash Bond $12,900 Bond #491495S
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City staff conducted a final inspection of the public improvements in April of 2020 and confirmed
all work was completed to City standards. The developer did not provide a maintenance bond to
the City; therefore, the Faithful Performance Bond was retained for the satisfactory period (one
year from the final inspection). City staff has confirmed the improvements have remained in good
workmanship and free of defects, City staff recommends the maintenance bond requirement be
waived.
With completion of the improvements, the Faithful Performance and Labor and Materials bonds
are no longer required.
FISCAL IMPACT:
None.
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
This item addresses the City Council’s vision for the City by ensuring the maintenance of high-
quality public improvements that promote a world class community.
ATTACHMENTS:
Attachment 1 - Vicinity Map
Page 82
ATTACHMENT 1
1
6
0
7
DRC2017-00889
Vicinity Map
NOT TO SCALE
Project Site
Page 83
DATE:September 15, 2021
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY:Jason C. Welday, Director of Engineering Services/City Engineer
Linda C. Ceballos, Environmental Programs Manager
SUBJECT:Consideration of a Resolution to Set Residential Bear Resistant Container
Solid Waste Rate Within the City of Rancho Cucamonga. (RESOLUTION
NO. 2021-099) (CITY)
RECOMMENDATION:
Staff recommends that the City Council adopt a resolution approving the proposed solid waste
rate for residential bear resistant container within the City of Rancho Cucamonga.
BACKGROUND:
Over the last three months a number of residents have contacted the City of Rancho Cucamonga
(City) seeking options to address the bears in their neighborhood that are opening trash
containers, causing damage to their trash containers, and leaving trash on the street, particularly
on trash day. The City partnered with the franchise waste hauler, Burrtec Waste Industries, Inc.
(Burrtec) and requested Burrtec to provide the City with a rate proposal for a new optional add-
on rate that would provide residents that live in wildlife interface areas with the ability to request
a bear resistant trash container, at an additional cost to the standard service rate. The container
includes a heavy top and lock that deter bears and other wildlife from opening the trash barrels.
Staff consulted with the City attorney and it was determined that a voluntary/optional new rate,
requires City Council approval, however, does not require a public hearing or a Proposition 218
notice. The bear resistant container fee was not included in the 2021 Rate Adjustment because
the resident phone calls requesting bear resistant containers were received after the public
hearing notice had been distributed. If approved, this fee will be included in any future solid waste
rate adjustments.
ANALYSIS:
Bear resistant containers cost $300-$400 each versus $50-$60 for a standard residential trash
container. In addition to the higher container cost, Burrtec has found that the gravity-fed lids of
the bear resistant containers do not always open when serviced, requiring the driver to get out of
the vehicle to unlatch the lid prior to service. Burrtec proposed an add-on rate of $15.10 per month.
A customer requesting a bear resistant containers would pay the established fee, in addition to
the standard residential solid waste rate. This fee has taken into account the additional cost of
the bear resistant container, the added cost to service the bear resistant container when it fails to
open, and replacement cost of the bear resistant container if damaged by a bear or if the container
lock or lid fails, as well as the franchise fee and hazmat fee. This fee does not replace the standard
Page 84
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0
residential rate. It is an additional rate that a customer would be charged monthly, if they
requested a bear resistant container.
Staff reviewed the bear resistant container rates that have been adopted by the City of Fontana
and County of San Bernardino unincorporated area of Forest Falls and found that the proposed
rate has a similar rate structure and is within reason for the service to be provided.
If approved, the proposed rate would become effective October 1, 2021.
FISCAL IMPACT:
The City receives a franchise fee from Burrtec, which is paid quarterly, and equals to fifteen
percent (15%) of the gross receipts received by Burrtec.
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
This item relates to the Council Core Value of promoting and enhancing a safe and healthy
community for all. It is important to deter wildlife such as bears, and coyotes, but also the safety
of our residents and keeping a clean community.
ATTACHMENTS:
Attachment 1 - Resolution 2021-099
Page 85
RESOLUTION NO. 21-XXX - Page 1 of 1
RESOLUTION NO. 21-XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, SETTING
RESIDENTIAL BEAR RESISTANT CONTAINER FOR SOLID
WASTE WITHIN THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA.
WHEREAS, the City Council of the City of Rancho Cucamonga has previously adopted
Chapter 8.17 of Title 8 of the Rancho Cucamonga Municipal Code establishing Solid Waste
Service Rules and Regulations and authorizing that the rates, fees and charges arising, directly
or indirectly, under said legislation be adopted pursuant to resolution, and thereafter, be amended
from time to time by resolution; and
WHEREAS, based upon the amount of the rate changes requested and the information
provided by Burrtec pursuant to Rancho Cucamonga Municipal Code Sections 8.17.040 and
8.17.030, the City Council has determined that such changes are justified and appropriate; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
A. Resolution.
NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby find
and resolve as follows:
Section 1. The facts set forth in the Recitals, of this Resolution, are true and correct.
Section 2.The City Council of the City of Rancho Cucamonga does hereby approve
the proposed monthly rate for bear resistant collection containers as follows:
Bear Resistant Container: $15.10
Section 3.This is an optional service for the resident and is in addition to the standard
residential service rate.
Section 4.The proposed rate will become effective October 1, 2021.
Section 5.This Resolution shall become effective once adopted.
Section 6.The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this 15 day of September, 2021.
Page 86
5
DATE:September 15, 2021
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY:Robert Neiuber, Human Resources Director
Lucy Alvarez-Nunez, Management Analyst I
SUBJECT:Consideration of a Resolution Approving an Amendment to the Rancho
Cucamonga City Employees Association Salary Schedule for Fiscal Year
2021-2022, Including the Addition of Supervising Traffic Systems
Specialist Classification. (RESOLUTION NO. 2021-105) (CITY)
RECOMMENDATION:
Staff recommends the City Council adopt the attached resolution amending the Rancho
Cucamonga City Employees Association salary schedule for fiscal year 2021-2022 to include the
addition of Supervising Traffic Systems Specialist classification.
BACKGROUND:
The City Council traditionally adopts salary resolutions biannually for classifications employed by
the City of Rancho Cucamonga. These resolutions are updated to reflect changes in salaries,
additions and deletions of classifications, changes in job titles and other terms of employment.
ANALYSIS:
The City recently conducted two unsuccessful recruitments for the position of Maintenance
Supervisor for the Signal and Lighting division. As a result, the City conducted a classification and
compensation study for this position. The study results showed the salary range is 9% below
market.
The City and representatives of the Rancho Cucamonga City Employees Association (RCCEA)
negotiated and agreed upon a change in title to Supervising Traffic Systems Specialist. The
change in title more accurately reflects the position’s current job duties and specialized
knowledge. In addition, an adjustment of 7% above the Maintenance Supervisor salary range was
included to bring the position closer to market range. Staff anticipates this upgrade will yield a
stronger applicant pool in the upcoming recruitment for the position.
The attached RCCEA salary schedule includes the addition of Supervising Traffic Systems
Specialist classification. All other salary schedules, classifications, job titles, and other terms of
employment remain the same.
Staff recommends the City Council approve the resolution updating the RCCEA salary schedule
to include the addition of the Supervising Traffic Systems Specialist classification.
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FISCAL IMPACT:
No fiscal impact is anticipated. The salary adjustments can be absorbed by filling the position at
a lower salary step.
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
This item addresses the City’s core values of working towards continuous improvement by
adjusting the position and salary to reflect the current market conditions and the operational needs
of the City.
ATTACHMENTS:
Attachment 1 – Resolution No. 2021-105
Attachment 2 - Rancho Cucamonga Employees Association Salary Schedule
Page 88
ATTACHMENT 1
1
6
1
7
RESOLUTION NO. 2021-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING AN
AMENDMENT TO THE RANCHO CUCAMONGA CITY
EMPLOYEES ASSOCIATION SALARY SCHEDULE FOR FISCAL
YEAR 2021-2022, INCLUDING THE ADDITION OF SUPERVISING
TRAFFIC SYSTEMS SPECIALIST CLASSIFICATION.
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 including an outline
of State and Federally required benefits afforded to part-time employees; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho
Cucamonga, California to approve the attached amended salary schedule for the Rancho
Cucamonga City Employees Association (Attachment 2) effective September 15, 2021.
PASSED, APROVED AND ADOPTED this 15th day of September 2021.
Page 89
Minimum Control Point Maximum
Class Title Step Amount Step Amount Step Amount
Account Clerk 4375 $3,055 4415 $3,730 4435 $4,121
Account Technician 4423 $3,881 4463 $4,737 4483 $5,235
Accountant#3465 $4,786 3505 $5,842 3525 $6,454
Accounts Payable Supervisor#3470 $4,906 3510 $5,989 3530 $6,618
Administrative Assistant 4369 $2,965 4409 $3,619 4429 $3,999
Administrative Technician 4437 $4,163 4477 $5,081 4497 $5,613
Animal Behavior Specialist 4388 $3,259 4428 $3,979 4448 $4,397
Animal Care Attendant 4349 $2,684 4389 $3,276 4409 $3,619
Animal Care Supervisor#3440 $4,225 3480 $5,156 3500 $5,698
Animal Caretaker 4378 $3,102 4418 $3,785 4438 $4,182
Animal Rescue Specialist 4388 $3,259 4428 $3,979 4448 $4,397
Animal Services Dispatcher 4369 $2,965 4409 $3,619 4429 $3,999
Animal Services Officer I 4421 $3,843 4461 $4,691 4481 $5,183
Animal Services Officer II 4441 $4,245 4481 $5,183 4501 $5,727
Artistic Producer - Mainstreet Theatre
Company
4450 $4,441 4490 $5,421 4510 $5,989
Assistant Engineer#3488 $5,366 3528 $6,551 3548 $7,239
Assistant Planner#3468 $4,858 3508 $5,930 3528 $6,551
Associate Engineer#3518 $6,233 3558 $7,608 3578 $8,407
Associate Planner#3487 $5,340 3527 $6,520 3547 $7,203
Box Office Coordinator 4450 $4,441 4490 $5,421 4510 $5,989
Budget Analyst#3515 $6,140 3555 $7,495 3575 $8,281
Building Inspection Supervisor#2 3504 $5,812 3544 $7,096 3564 $7,840
Building Inspector I2 4444 $4,308 4484 $5,260 4504 $5,812
Building Inspector II2 4464 $4,761 4504 $5,812 4524 $6,422
Business License Clerk 4378 $3,102 4418 $3,785 4438 $4,182
Business License Inspector 4418 $3,785 4458 $4,621 4478 $5,106
Business License Program Coordinator#3432 $4,060 3472 $4,954 3492 $5,474
Business License Program Supervisor#3470 $4,906 3510 $5,989 3530 $6,618
Business License Technician 4408 $3,602 4448 $4,397 4468 $4,858
City Clerk Records Management Analyst#3470 $4,906 3510 $5,989 3530 $6,618
Community Affairs Coordinator 4450 $4,441 4490 $5,421 4510 $5,989
Community Affairs Officer#3515 $6,140 3555 $7,495 3575 $8,281
Community Affairs Senior Coordinator#3480 $5,156 3520 $6,296 3540 $6,956
Community Affairs Specialist 4350 $2,696 4390 $3,292 4410 $3,637
Community Affairs Technician 4437 $4,163 4477 $5,081 4497 $5,613
Monthly Pay Ranges Effective September 15, 2021
Resolution No. 2021-XXX
SUPERVISORY/PROFESSIONAL AND GENERAL EMPLOYEES GROUPS
ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES
RCCEA COVERED EMPLOYEES IN THE
ATTACHMENT 2Page90
Minimum Control Point Maximum
Monthly Pay Ranges Effective September 15, 2021
Resolution No. 2021-XXX
SUPERVISORY/PROFESSIONAL AND GENERAL EMPLOYEES GROUPS
ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES
RCCEA COVERED EMPLOYEES IN THE
Community Development Technician I 4413 $3,691 4453 $4,507 4473 $4,980
Community Development Technician II 4423 $3,881 4463 $4,737 4483 $5,235
Community Improvement Supervisor#2 3504 $5,812 3544 $7,096 3564 $7,840
Community Improvement Officer I 4421 $3,843 4461 $4,691 4481 $5,183
Community Improvement Officer II 4441 $4,245 4481 $5,183 4501 $5,727
Community Programs Coordinator 4450 $4,441 4490 $5,421 4510 $5,989
Community Programs Specialist 4437 $4,163 4477 $5,081 4497 $5,613
Community Services Coordinator 4450 $4,441 4490 $5,421 4510 $5,989
Community Services Project Coordinator#3500 $5,698 3540 $6,956 3560 $7,684
Community Services Specialist 4350 $2,696 4390 $3,292 4410 $3,637
Community Services Supervisor#3480 $5,156 3520 $6,296 3540 $6,956
Community Services Technician 4437 $4,163 4477 $5,081 4497 $5,613
Community Theater Producer 4450 $4,441 4490 $5,421 4510 $5,989
Customer Care Assistant 4349 $2,684 4409 $3,619 4429 $3,999
Customer Service Representative 4378 $3,102 4418 $3,785 4438 $4,182
Deputy City Clerk#3430 $4,019 3470 $4,906 3490 $5,421
Engineering Aide 4421 $3,843 4461 $4,691 4481 $5,183
Engineering Technician 4441 $4,245 4481 $5,183 4501 $5,727
Environmental Programs Coordinator#3503 $5,783 3543 $7,061 3563 $7,801
Environmental Programs Inspector2 4464 $4,761 4504 $5,812 4524 $6,422
Event & Rental Services Coordinator 4450 $4,441 4490 $5,421 4510 $5,989
Executive Assistant II#3444 $4,308 3484 $5,260 3504 $5,812
Executive Assistant1 4394 $3,359 4464 $4,761 4484 $5,260
Fleet Supervisor#2 3488 $5,366 3528 $6,551 3548 $7,239
Front of House Coordinator 4450 $4,441 4490 $5,421 4510 $5,989
Fund Development Coordinator#3470 $4,906 3510 $5,989 3530 $6,618
GIS Analyst#3505 $5,842 3545 $7,132 3565 $7,878
GIS Specialist 4456 $4,576 4496 $5,585 4516 $6,171
GIS Supervisor#3535 $6,785 3575 $8,281 3595 $9,150
GIS Technician 4436 $4,140 4476 $5,054 4496 $5,585
Human Resources Business Partner#3433 $4,079 3473 $4,980 3493 $5,503
Human Resources Clerk 4389 $3,276 4429 $3,999 4449 $4,418
Human Resources Technician 4408 $3,602 4448 $4,397 4468 $4,858
Information Technology Analyst I#3505 $5,842 3545 $7,132 3565 $7,878
Information Technology Analyst II#3520 $6,296 3560 $7,684 3580 $8,489
Information Technology Specialist I 4456 $4,576 4496 $5,585 4516 $6,171
ATTACHMENT 2Page91
Minimum Control Point Maximum
Monthly Pay Ranges Effective September 15, 2021
Resolution No. 2021-XXX
SUPERVISORY/PROFESSIONAL AND GENERAL EMPLOYEES GROUPS
ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES
RCCEA COVERED EMPLOYEES IN THE
Information Technology Specialist II 4471 $4,931 4511 $6,019 4531 $6,650
Information Technology Technician 4411 $3,655 4451 $4,461 4471 $4,931
Lead Park Ranger 4421 $3,843 4461 $4,691 4481 $5,183
Librarian I# 3435 $4,121 3475 $5,031 3495 $5,558
Librarian II#3457 $4,598 3497 $5,613 3517 $6,203
Library Assistant I#3373 $3,023 3413 $3,691 3433 $4,079
Library Assistant II#3414 $3,711 3454 $4,530 3474 $5,005
Library Clerk 4356 $2,778 4396 $3,392 4416 $3,747
Library Technician 4393 $3,341 4433 $4,079 4453 $4,507
Maintenance Supervisor#2 3488 $5,366 3528 $6,551 3548 $7,239
Management Aide 4440 $4,225 4480 $5,156 4500 $5,698
Management Analyst I#3470 $4,906 3510 $5,989 3530 $6,618
Management Analyst II#3498 $5,641 3538 $6,888 3558 $7,608
Management Analyst III#3515 $6,140 3555 $7,495 3575 $8,281
Office Services Clerk 4369 $2,965 4409 $3,619 4429 $3,999
Patron & Events Supervisor#3480 $5,156 3520 $6,296 3540 $6,956
Payroll Supervisor#3470 $4,906 3510 $5,989 3530 $6,618
Planning Specialist 4443 $4,287 4483 $5,235 4503 $5,783
Planning Technician 4423 $3,881 4463 $4,737 4483 $5,235
Plans Examiner I 4474 $5,005 4514 $6,110 4534 $6,751
Plans Examiner II#3488 $5,366 3528 $6,551 3548 $7,239
Procurement & Contracts Analyst#3433 $4,079 3473 $4,980 3493 $5,503
Procurement Clerk 4374 $3,040 4414 $3,711 4434 $4,100
Procurement Technician 4411 $3,655 4451 $4,461 4471 $4,931
Public Services Technician I 4413 $3,691 4453 $4,507 4473 $4,980
Public Services Technician II 4423 $3,881 4463 $4,737 4483 $5,235
Public Services Technician III 4443 $4,287 4483 $5,235 4503 $5,783
Public Works Inspector I2 4444 $4,308 4484 $5,260 4504 $5,812
Public Works Inspector II2 4464 $4,761 4504 $5,812 4524 $6,422
Public Works Safety Coordinator #2 3468 $4,858 3508 $5,930 3528 $6,551
Records Clerk 4358 $2,806 4398 $3,426 4418 $3,785
Records Coordinator 4386 $3,226 4426 $3,940 4446 $4,352
Risk Management Coordinator#3470 $4,906 3510 $5,989 3530 $6,618
Senior Account Clerk 4395 $3,375 4435 $4,121 4455 $4,552
Senior Account Technician 4446 $4,352 4486 $5,314 4506 $5,872
Senior Accountant#3498 $5,641 3538 $6,888 3558 $7,608
ATTACHMENT 2Page92
Minimum Control Point Maximum
Monthly Pay Ranges Effective September 15, 2021
Resolution No. 2021-XXX
SUPERVISORY/PROFESSIONAL AND GENERAL EMPLOYEES GROUPS
ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES
RCCEA COVERED EMPLOYEES IN THE
Senior Animal Services Officer#3461 $4,691 3501 $5,727 3521 $6,327
Senior Building Inspector#2 3484 $5,260 3524 $6,422 3544 $7,096
Senior Business License Clerk 4398 $3,426 4438 $4,182 4458 $4,621
Senior Community Improvement Officer#3461 $4,691 3501 $5,727 3521 $6,327
Senior Electrician #3485 $5,288 3525 $6,454 3545 $7,132
Senior GIS Analyst #3520 $6,296 3560 $7,684 3580 $8,489
Senior Information Technology Analyst#3535 $6,785 3575 $8,281 3595 $9,150
Senior Information Technology Specialist#4493 $5,503 4533 $6,718 4553 $7,422
Senior Librarian#3468 $4,858 3508 $5,930 3528 $6,551
Senior Park Planner#3500 $5,698 3540 $6,956 3560 $7,684
Senior Plans Examiner#3503 $5,783 3543 $7,061 3563 $7,801
Senior Procurement Technician#3463 $4,737 3503 $5,783 3523 $6,390
Senior Risk Management Analyst#3515 $6,140 3555 $7,495 3575 $8,281
Senior Veterinary Technician#3461 $4,691 3501 $5,727 3521 $6,327
Special Districts Analyst#3498 $5,641 3538 $6,888 3558 $7,608
Supervising Public Works Inspector#2 3494 $5,529 3534 $6,751 3554 $7,458
Supervising Traffic Systems Specialist#2 3502 $5,755 3542 $7,026 3562 $7,762
Theater Production Coordinator 4460 $4,668 4500 $5,698 4520 $6,296
Theater Production Supervisor#3480 $5,156 3520 $6,296 3540 $6,956
Theatre Technician III 4423 $3,881 4463 $4,737 4483 $5,235
Utilities Operation Supervisor#3515 $6,140 3555 $7,495 3575 $8,281
Veterinary Assistant 4407 $3,583 4447 $4,375 4467 $4,833
Veterinary Technician 4437 $4,163 4477 $5,081 4497 $5,613
2. Refer to MOU for provision of boot
# Denotes Supervisory/Professional Class
1. When acting as Clerk to Commissions $50 paid per night or weekend day meeting. Compensatory time off
ATTACHMENT 2Page93
DATE:September 15, 2021
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY:Jason C. Welday, Director of Engineering Services/City Engineer
Annette Cano-Soza, Assistant Engineer
SUBJECT:Consideration of the Improvement Agreement and Improvement
Securities for Street Improvements, Order Annexation to Landscape
Maintenance District No. 3B, Street Light Maintenance Districts Nos. 1
and 6 for Case No. DRC2020-00026, Located at the Southwest Corner of
6th Street and Hyssop Drive. (RESOLUTION NO. 2021-101),
(RESOLUTION NO. 2021-102), (RESOLUTION NO. 2021-103) (CITY)
RECOMMENDATION:
Staff recommends that the City Council:
1. Approve an Improvement Agreement for related public improvements and authorize the
Mayor and the City Clerk to sign said agreement;
2. Accept security in the form of bonds for completion of the related public improvements;
and
3. Adopt the attached resolutions ordering the annexation to Landscape Maintenance District
No. 3B and Street Lighting Maintenance Districts Nos. 1 and 6.
BACKGROUND:
On July 22, 2020, the Planning Commission approved Case No. DRC2020-00026 for the
construction of a 22,870 square foot commercial warehouse shell building on a vacant site of 1.08
acres located within the General Industrial (GI) District, at the southwest corner of 6th St. and
Hyssop Drive.
Case No. DRC2020-00026 was approved subject to a condition that certain public improvements
be constructed including; street lights, curb and gutter, street trees, sidewalk, and drive
approaches.
ANALYSIS:
The developer, Chase Partners LTD has submitted an Improvement Agreement and securities to
guarantee construction of the off-site public improvements in the following amounts:
Faithful Performance Bond No. 4448882 $90,400
Labor and Material Bond No. 4448882 $90,400
Approval of this item by Council would approve the Improvement Agreement, accept the securities
for the construction of certain public improvements, and order the annexation into Landscape
Page 94
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Maintenance District 3B and Street Light Maintenance Districts 1 and 6. Copies of the agreement
and the Consent and Waiver to Annexation forms are on file in the City Clerk’s Office.
FISCAL IMPACT:
The proposed annexations would satisfy the conditions of approval for the development and
supply additional annual revenue into the landscape and lighting maintenance districts in the
following amounts:
Landscape Maintenance District No. 3B $420.54
Street Light Maintenance District No. 1 $ 52.95
Street Light Maintenance District No. 6 $ 76.59
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
This item addresses the City Council’s vision for the City by ensuring the construction of high-
quality improvements that promote a world class community.
ATTACHMENTS:
Attachment 1 - Vicinity Map
Attachment 2 – Resolution Ordering Annexation LMD 3B
Attachment 3 – Resolution Ordering Annexation SLD 1
Attachment 4 – Resolution Ordering Annexation SLD 6
Page 95
ATTACHMENT 1
1
6
3
6
Vicinity Map
DRC2020-00026
NOT TO SCALE
Project Site
Page 96
Resolution No. 20XX-XXX – Page 1 of 5
ATTACHMENT 2
RESOLUTION NO. 20XX - XXX
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) FOR CASE NO. DRC2020-00026
WHEREAS, the City Council of the City of Rancho Cucamonga, California, has
previously formed a special maintenance district pursuant to the terms of the “Landscape and
Lighting Act of 1972”, being Division 15, Part 2 of the Streets and Highways Code of the State of
California (the “Act”, said special maintenance district known and designated as Landscape
Maintenance District No. 3B (Commercial Industrial) (the “District”); and
WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation
of additional territory to the District; and
WHEREAS, such provisions also provide that the requirement for the preparation of
resolutions, and assessment engineer’s report, notices of public hearing and the right of majority
protest may be waived in writing with the written consent of all of the owners of property within
the territory to be annexed; and
WHEREAS, notwithstanding that such provisions of the Act related to the annexation of
territory to the District, Article XIII D of the Constitution of the State of California (“Article XIII D”)
establishes certain procedural requirements for the authorization to levy assessments which
apply to the levy of annual assessments for the District on the territory proposed to be annexed
to such District; and
WHEREAS, the owners of certain property described in Exhibit A attached hereto, and
incorporated herein by this reference, have requested that such property (collectively, the
“Territory”) be annexed to the District in order to provide for the levy of annual assessments to
finance the maintenance of certain improvements described in Exhibit B hereto (the
“Improvements”); and
WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed
forms entitled “Consent And Waiver To Annexation Of Certain Real Property To A Maintenance
District And Approval Of The Levy Of Assessments On Such Real Property” (the “Consent and
Waiver”); and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have
expressly waived any and all of the procedural requirements as prescribed in the Act to the
annexation of the Territory to the District and have expressly consented to the annexation of the
Territory to the District; and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also
expressly waived any and all of the procedural requirements as prescribed in the Act and/or
Article XIII D applicable to the authorization to levy the proposed annual assessment against the
Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and
have declared support for, consent to and approval of the authorization to levy such proposed
annual assessment set forth in Exhibit C attached hereto; and
Page 97
Resolution No. 20XX-XXX – Page 2 of 5
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8
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also
expressly agreed for themselves, their heirs, successors and assigns that:
(1) The proportionate special benefit derived by each parcel in the Territory
from the District Improvements has been determined in relationship to the entirety of the
maintenance and operation expenses of the Improvements;
(2) The proposed annual assessment does not exceed the reasonable cost
of the proportional special benefit from the Improvements conferred on each parcel in the
Territory.
(3) Only the special benefits derived or to be derived by each parcel in the
Territory from the Improvements have been included in the proposed annual assessment.
WHEREAS, at this time the City Council desires to order the annexation of the Territory
to the District and to authorize the levy of annual assessments against the Territory in amounts
not to exceed the amounts set forth in Exhibit C hereto.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA
HEREBY RESOLVES AS FOLLOWS:
SECTION 1: That the above recitals are true and correct.
SECTION 2: The City Council hereby finds and determines that:
a. The annual assessments proposed to be levied on each parcel in the
Territory do not exceed the reasonable cost of the proportional special
benefit conferred on each such parcel from the Improvements.
b. The proportional special benefit derived by each parcel in the Territory
from the Improvements has been determined in relationship to the
entirety of the cost of the maintenance of the Improvement.
c. Only special benefits will be assessed on the Territory by the levy of
the proposed annual assessments.
SECTION 3: This legislative body hereby orders the annexation the Territory to
the District, approves the financing of the maintenance of the Improvements from the proceeds
of annual assessments to be levied against the Territory and approves and orders the levy of
annual assessments against the Territory in amounts not to exceed the amounts set forth in
Exhibit C.
SECTION 4: All future proceedings of the District, including the levy of all
assessments, shall be applicable to the Territory.
PASSED, APPROVED, AND ADOPTED this day of 2021.
Page 98
Resolution No. 20XX-XXX – Page 3 of 5
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Exhibit A
Identification of the Owner and Description of the Property to be Annexed
The Owner of the Property is:
CHASE PARTNERS LTD
The legal description of the Property is:
ROCHESTER PTN LOT 92 DESC AS COM ON N LI SD LOT 601.71 FT E OF NW COR SD
LOT TH E 230.95 FT ALG SD N LI TO E LI HGWY AS DESC IN DEED RECORDED IN BK
7961 PG 865 O R TH S 0 DEG 11 MIN 09 SECONDS W ALG SD E LI 330.10 FT TO S LI SD
LOT TH W ALG SD S LI TO E LI W 601.71 FT SD LOT TH N 330 FT TO POB EX PTN IN
HGWY EX STS
Assessor’s Parcels Numbers of the Property:
0229-284-03-0000
Page 99
Resolution No. 20XX-XXX – Page 4 of 5
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Exhibit B
Description of the District Improvements
Fiscal Year 2021/22
Landscape Maintenance District No. 3B (Commercial Industrial):
Landscape Maintenance District No. 3B (Commercial Industrial) (the “Maintenance District”)
represents landscape sites throughout the Commercial/Industrial Maintenance District.
The various landscape sites that are maintained by this district consist of median islands,
parkways, street trees and entry monuments.
Proposed additions to the Improvements for Project Case No. DRC2020-00026:
8 landscape trees (15 gallon) to be installed along Hyssop Drive
Page 100
Resolution No. 20XX-XXX – Page 5 of 5
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Exhibit C
Proposed Annual Assessment
Fiscal Year 2021/22
Landscape Maintenance District No. 3B (Commercial Industrial):
The rate per Equivalent Benefit Unit (EBU) is $282.24 for the fiscal year 2021/22. The following
table summarizes the assessment rate for Landscape Maintenance District No. 3B (Commercial
Industrial) for Case No. DRC2020-00026:
Land Use Basis
EBU
Factor*
Rate per
EBU*
Non-Residential Acre 1.00 $282.24
The proposed annual assessment for the property described in Exhibit A is as follows:
1.49 Acres x 1 EBU Factor x $282.24 Rate per EBU = $420.54 Annual Assessment
Page 101
Resolution No. 20XX-XXX – Page 1 of 5
ATTACHMENT 3
RESOLUTION NO. 20XX - XXX
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
CASE NO. DRC2020-00026
WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously
formed a special maintenance district pursuant to the terms of the “Landscape and Lighting Act
of 1972”, being Division 15, Part 2 of the Streets and Highways Code of the State of California
(the “Act”, said special maintenance district known and designated as Street Light Maintenance
District No. 1 (Arterial Streets) (the “District”); and
WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of
additional territory to the District; and
WHEREAS, such provisions also provide that the requirement for the preparation of
resolutions, and assessment engineer’s report, notices of public hearing and the right of majority
protest may be waived in writing with the written consent of all of the owners of property within
the territory to be annexed; and
WHEREAS, notwithstanding that such provisions of the Act related to the annexation of
territory to the District, Article XIII D of the Constitution of the State of California (“Article XIII D”)
establishes certain procedural requirements for the authorization to levy assessments which apply
to the levy of annual assessments for the District on the territory proposed to be annexed to such
District; and
WHEREAS, the owners of certain property described in Exhibit A attached hereto, and
incorporated herein by this reference, have requested that such property (collectively, the
“Territory”) be annexed to the District in order to provide for the levy of annual assessments to
finance the maintenance of certain improvements described in Exhibit B hereto (the
“Improvements”); and
WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed
forms entitled “Consent And Waiver To Annexation Of Certain Real Property To A Maintenance
District And Approval Of The Levy Of Assessments On Such Real Property” (the “Consent and
Waiver”); and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly
waived any and all of the procedural requirements as prescribed in the Act to the annexation of
the Territory to the District and have expressly consented to the annexation of the Territory to the
District; and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also
expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article
XIII D applicable to the authorization to levy the proposed annual assessment against the Territory
set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared
support for, consent to and approval of the authorization to levy such proposed annual
assessment set forth in Exhibit C attached hereto; and
Page 102
Resolution No. 20XX-XXX – Page 2 of 5
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WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also
expressly agreed for themselves, their heirs, successors and assigns that:
(1) The proportionate special benefit derived by each parcel in the Territory
from the District Improvements has been determined in relationship to the entirety of the
maintenance and operation expenses of the Improvements;
(2) The proposed annual assessment does not exceed the reasonable cost of
the proportional special benefit from the Improvements conferred on each parcel in the Territory.
(3) Only the special benefits derived or to be derived by each parcel in the
Territory from the Improvements have been included in the proposed annual assessment.
WHEREAS, at this time the City Council desires to order the annexation of the Territory
to the District and to authorize the levy of annual assessments against the Territory in amounts
not to exceed the amounts set forth in Exhibit C hereto.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA
HEREBY RESOLVES AS FOLLOWS:
SECTION 1: That the above recitals are true and correct.
SECTION 2: The City Council hereby finds and determines that:
a. The annual assessments proposed to be levied on each parcel in the
Territory do not exceed the reasonable cost of the proportional
special benefit conferred on each such parcel from the
Improvements.
b. The proportional special benefit derived by each parcel in the
Territory from the Improvements has been determined in relationship
to the entirety of the cost of the maintenance of the Improvement.
c. Only special benefits will be assessed on the Territory by the levy of
the proposed annual assessments.
SECTION 3: This legislative body hereby orders the annexation the Territory to
the District, approves the financing of the maintenance of the Improvements from the proceeds
of annual assessments to be levied against the Territory and approves and orders the levy of
annual assessments against the Territory in amounts not to exceed the amounts set forth in
Exhibit C.
SECTION 4: All future proceedings of the District, including the levy of all
assessments, shall be applicable to the Territory.
PASSED, APPROVED, AND ADOPTED this day of 2021.
Page 103
Resolution No. 20XX-XXX – Page 3 of 5
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Exhibit A
Identification of the Owner and Description of the Property to be Annexed
The Owner of the Property is:
CHASE PARTNERS LTD
The legal description of the Property is:
ROCHESTER PTN LOT 92 DESC AS COM ON N LI SD LOT 601.71 FT E OF NW COR SD
LOT TH E 230.95 FT ALG SD N LI TO E LI HGWY AS DESC IN DEED RECORDED IN BK
7961 PG 865 O R TH S 0 DEG 11 MIN 09 SECONDS W ALG SD E LI 330.10 FT TO S LI SD
LOT TH W ALG SD S LI TO E LI W 601.71 FT SD LOT TH N 330 FT TO POB EX PTN IN
HGWY EX STS
Assessor’s Parcels Numbers of the Property:
0229-284-03-0000
Page 104
Resolution No. 20XX-XXX – Page 4 of 5
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Exhibit B
Description of the District Improvements
Fiscal Year 2021/22
Street Light Maintenance District No. 1 (Arterial Streets):
Street Light Maintenance District No. 1 (Arterial Streets) (the “Maintenance District”) is used to
fund the maintenance and/or installation of street lights and traffic signals located on arterial
streets throughout the City. These sites consist of several non-contiguous areas throughout the
City.
The sites maintained by the district consist of street lights on arterial streets and traffic signals on
arterial streets within the rights-of-way or designated easements of streets dedicated to the City.
Proposed additions to the Improvements for Project Case No. DRC2020-00026:
NONE.
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Resolution No. 20XX-XXX – Page 5 of 5
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Exhibit C
Proposed Annual Assessment
Fiscal Year 2021/22
Street Light Maintenance District No.1 (Arterial Streets):
The rate per Equivalent Benefit Unit (EBU) is $17.77 for the fiscal year 2021/22. The following
table summarizes the assessment rate for Street Light Maintenance District No.1 (Arterial Streets)
for Case No. DRC2020-00026:
Land Use Basis
EBU
Factor*
Rate per
EBU*
Single Family Residential Parcel 1.00 $17.77
Multi-Family Residential Parcel 1.00 17.77
Non-Residential Acre 2.00 17.77
The proposed annual assessment for the property described in Exhibit A is as follows:
1.49 Acres x 2 EBU Factor x $17.77 Rate per EBU = $52.95 Annual Assessment
Page 106
Resolution No. 20XX-XXX – Page 1 of 5
ATTACHMENT 4
1
6
3
9
RESOLUTION NO. 20XX - XXX
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 CASE NO. DRC2020-00026
WHEREAS, the City Council of the City of Rancho Cucamonga, California, has
previously formed a special maintenance district pursuant to the terms of the “Landscape and
Lighting Act of 1972”, being Division 15, Part 2 of the Streets and Highways Code of the State of
California (the “Act”, said special maintenance district known and designated as Street Light
Maintenance District No. 6 (Commercial Industrial)(the “District”); and
WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation
of additional territory to the District; and
WHEREAS, such provisions also provide that the requirement for the preparation of
resolutions, and assessment engineer’s report, notices of public hearing and the right of majority
protest may be waived in writing with the written consent of all of the owners of property within
the territory to be annexed; and
WHEREAS, notwithstanding that such provisions of the Act related to the annexation of
territory to the District, Article XIII D of the Constitution of the State of California (“Article XIII D”)
establishes certain procedural requirements for the authorization to levy assessments which
apply to the levy of annual assessments for the District on the territory proposed to be annexed
to such District; and
WHEREAS, the owners of certain property described in Exhibit A attached hereto, and
incorporated herein by this reference, have requested that such property (collectively, the
“Territory”) be annexed to the District in order to provide for the levy of annual assessments to
finance the maintenance of certain improvements described in Exhibit B hereto (the
“Improvements”); and
WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed
forms entitled “Consent And Waiver To Annexation Of Certain Real Property To A Maintenance
District And Approval Of The Levy Of Assessments On Such Real Property” (the “Consent and
Waiver”); and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have
expressly waived any and all of the procedural requirements as prescribed in the Act to the
annexation of the Territory to the District and have expressly consented to the annexation of the
Territory to the District; and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also
expressly waived any and all of the procedural requirements as prescribed in the Act and/or
Article XIII D applicable to the authorization to levy the proposed annual assessment against the
Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and
have declared support for, consent to and approval of the authorization to levy such proposed
annual assessment set forth in Exhibit C attached hereto; and
Page 107
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WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also
expressly agreed for themselves, their heirs, successors and assigns that:
(1) The proportionate special benefit derived by each parcel in the Territory
from the District Improvements has been determined in relationship to the entirety of the
maintenance and operation expenses of the Improvements;
(2) The proposed annual assessment does not exceed the reasonable cost
of the proportional special benefit from the Improvements conferred on each parcel in the
Territory.
(3) Only the special benefits derived or to be derived by each parcel in the
Territory from the Improvements have been included in the proposed annual assessment.
WHEREAS, at this time the City Council desires to order the annexation of the Territory
to the District and to authorize the levy of annual assessments against the Territory in amounts
not to exceed the amounts set forth in Exhibit C hereto.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA
HEREBY RESOLVES AS FOLLOWS:
SECTION 1: That the above recitals are true and correct.
SECTION 2: The City Council hereby finds and determines that:
a. The annual assessments proposed to be levied on each parcel in the
Territory do not exceed the reasonable cost of the proportional special
benefit conferred on each such parcel from the Improvements.
b. The proportional special benefit derived by each parcel in the Territory
from the Improvements has been determined in relationship to the
entirety of the cost of the maintenance of the Improvement.
c. Only special benefits will be assessed on the Territory by the levy of
the proposed annual assessments.
SECTION 3: This legislative body hereby orders the annexation the Territory to
the District, approves the financing of the maintenance of the Improvements from the proceeds
of annual assessments to be levied against the Territory and approves and orders the levy of
annual assessments against the Territory in amounts not to exceed the amounts set forth in
Exhibit C.
SECTION 4: All future proceedings of the District, including the levy of all
assessments, shall be applicable to the Territory.
PASSED, APPROVED, AND ADOPTED this day of 2021.
Page 108
Resolution No. 20XX-XXX – Page 3 of 5
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Exhibit A
Identification of the Owner and Description of the Property to be Annexed
The Owner of the Property is:
CHASE PARTNERS LTD
The legal description of the Property is:
ROCHESTER PTN LOT 92 DESC AS COM ON N LI SD LOT 601.71 FT E OF NW COR SD
LOT TH E 230.95 FT ALG SD N LI TO E LI HGWY AS DESC IN DEED RECORDED IN BK
7961 PG 865 O R TH S 0 DEG 11 MIN 09 SECONDS W ALG SD E LI 330.10 FT TO S LI SD
LOT TH W ALG SD S LI TO E LI W 601.71 FT SD LOT TH N 330 FT TO POB EX PTN IN
HGWY EX STS
Assessor’s Parcels Numbers of the Property:
0229-284-03-0000
Page 109
Resolution No. 20XX-XXX – Page 4 of 5
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Exhibit B
Description of the District Improvements
Fiscal Year 2021/22
Street Light Maintenance District No. 6 (Commercial Industrial):
Street Light Maintenance District No. 6 (the “Maintenance District”) is used to fund the
maintenance and/or installation of street lights and traffic signals located on commercial and
industrial streets throughout the City but excluding those areas already in a local maintenance
district. Generally, this area encompasses the industrial area of the City south of Foothill
Boulevard
The sites maintained by the district consist of street lights on industrial or commercial streets
and traffic signals (or a portion thereof) on industrial or commercial streets generally south of
Foothill Boulevard.
Proposed additions to the Improvements for Project Case No. DRC2020-00026:
2 street lights to be installed along Hyssop Drive
Page 110
Resolution No. 20XX-XXX – Page 5 of 5
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Exhibit C
Proposed Annual Assessment
Fiscal Year 2021/22
Street Light Maintenance District No. 6 (Commercial Industrial):
The rate per Equivalent Benefit Unit (EBU) is $51.40 for the fiscal year 2021/22. The following
table summarizes the assessment rate for Street Light Maintenance District No. 6
(Commercial Industrial) for Case No. DRC2020-00026:
Land Use Basis
EBU
Factor*
Rate per
EBU*
Commercial/ Industrial Acre 1.00 $51.40
The proposed annual assessment for the property described in Exhibit A is as follows:
1.49 Acres x 1 EBU Factor x $51.40 Rate per EBU = $76.59 Annual Assessment
Page 111
DATE:September 15, 2021
TO:President and Members of the Board of Directors
FROM:John R. Gillison, City Manager
INITIATED BY:Lori Sassoon, Deputy City Manager/Administrative Services
SUBJECT:Consideration of Resolutions of the Board of Directors of the Rancho
Cucamonga Fire Protection District, Rancho Cucamonga, California,
Amending Resolutions FD 2021-009, 2021-010, and 2021-011, and
Approving Covenants and Restrictions for Real Property Pursuant to
Government Code Section 54233.5. (RESOLUTION NOS. FD 2021-029,
FD 2021-030 AND FD 2021-031) (FIRE)
RECOMMENDATION:
Staff recommends that the Fire District Board adopt the resolutions.
BACKGROUND:
The Fire District is the owner in fee simple of certain real properties (“Properties”) located at the
following locations:
San Bernardino Road Fire Station – This .47-acre property is located on the north side of San
Bernardino Road, west of Archibald Avenue. The fire station is obsolete and has been replaced
by the new Public Safety Facility further west of this location. The site is owned by the Rancho
Cucamonga Fire Protection District.
San Bernardino Road properties – The Fire District also owns two (2) undeveloped properties
further west on San Bernardino Road: 9547 San Bernardino Road (.81 acres) and 9561 San
Bernardino Road (.56 acres).
Under the Surplus Land Act, Government Code Sections 54220-54233 (“Act”), surplus land is
land owned in fee simple by the District for which the Fire Board takes formal action in a regular
public meeting declaring the land is surplus and not necessary for the agency’s use. The Act
provides that land shall be declared either surplus land or exempt surplus land before the agency
may take action to dispose of it consistent with the agency’s policies or procedures. That action
was taken by the Fire Board through adoption of resolutions in December 2020.
The Act requires that before the Fire District Board disposes of any of these properties or engages
in negotiations to dispose of these properties, the District must send a written notice of availability
(“NOA”) of the properties, which includes the location and a description of each property, to certain
designated entities. These notices were sent on December 17, 2020. One (1) affordable housing
provider, Volunteers of America Los Angeles (VOALA), responded to the NOA and expressed
interest in all six (6) properties. Negotiations continued through May 16, 2021, but price and terms
were not reached with VOALA for any of the parcels.
Page 112
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The Surplus Land Act provides that if the entity does not agree to price and terms with a
designated entity or if no designated entity responds to the NOA, the District can proceed to sell
or lease these properties to any entity. However, if ten or more residential units are developed on
a property, not less than 15% of the total residential units developed on a property must be made
available at an affordable housing cost or affordable rent to low-income households pursuant to
a covenant recorded against the land.
Subsequently, in June of 2021, the Fire District Board adopted Resolutions FD 2021-009, 2021-
010, and 2021-011 placing the required affordable housing covenants on the parcels.
ANALYSIS:
Following the Board’s approval of the covenants in June, the required documentation was
submitted to the California Department of Housing and Community Development (HCD). After
their review, they requested that the covenant language be modified to include language specific
to the requirements placed on special districts, which is slightly different than the language
required in the covenants for cities. Substantively, the requirements are virtually the same.
The proposed resolutions will amend the prior resolutions and replace the prior covenants with
the required language. These amended resolutions and the amended covenants will be recorded
on the properties.
With this action, the surplus process on these three parcels will be complete.
FISCAL IMPACT:
None
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
This action is in keeping with the Council’s vision to creating an equitable, sustainable, and vibrant
city, by setting the stage for the appropriate, high-quality reuse of these properties in the future.
ATTACHMENTS:
Attachment 1 – Resolution FD 2021 – 029 re: 9561 San Bernardino Road
Attachment 2 – Resolution FD 2021 – 030 re: 9547 San Bernardino Road
Attachment 3 – Resolution FD 2021 – 031 re: 9612 San Bernardino Road
Page 113
ATTACHMENT 1
11231-0001\2481928v1.doc
RESOLUTION NO. ______
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO
CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA,
CALIFORNIA APPROVING COVENANTS AND RESTRICTIONS ON
REAL PROPERTY PURSUANT TO GOVERNMENT CODE SECTION
54233.5 FOR THAT REAL PROPERTY LOCATED AT 9561 SAN
BERNARDINO ROAD, AND AMENDING AND REPLACING
RESOLUTION NO. FD 2021-009
WHEREAS, the Rancho Cucamonga Fire Protection District (“District”) is the
owner in fee simple of that certain real property described in Exhibit “A,” attached hereto
and made a part of hereof (“Property”); and
WHEREAS, the Property is vacant property located at 9561 San Bernardino Road,
which the District is no longer expected to use or need as of January 1, 2021; and
WHEREAS, District staff has evaluated the Property for its potential to be used for
District work or operations after the District discontinues use of the Property; and
WHEREAS, District staff has determined that the Property is not suitable for the
District’s use after the District discontinues use of the Property; and
WHEREAS, the Fire Board has previously adopted Resolution FD2020-026,
declaring that the Property is surplus land and not necessary for the District’s use; and
WHEREAS, in December of 2021 the District sent written notices of availability of
the Property to certain designated entities, but negotiations did not result in the sale of
the Property; and
WHEREAS, the Fire Board previously adopted Resolution FD2021-009, approving
covenants and restrictions on real property pursuant to Government Code Section 54233
for this parcel, but was directed by the California Department of Housing and Community
Development to replace this covenant with the language included in this resolution which
is in accordance with Government Code Section 54233.5;
NOW, THEREFORE, THE FIRE DISTRICT BOARD OF DIRECTORS HEREBY
RESOLVES AS FOLLOWS:
Section 1.The above recitals are true and correct and are a substantive part of
this Resolution.
Section 2.Resolution FD2021-009 is hereby amended and replaced by this
Resolution.
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Section 3.The Fire District Board of Directors hereby approves the Covenants
and Restrictions for Real Property, attached as Exhibit B.
Section 4.The officers and staff of the District are hereby authorized, jointly and
severally, to do all things which they may deem necessary or proper to effectuate the
purposes of this Resolution, and any such actions previously taken are hereby ratified
and confirmed. Such actions include negotiating in good faith in accordance with the
requirements of the Act with any of the Designated Entities that submit a written notice of
interest to purchase or lease the Property in compliance with the Act.
Section 5.The Clerk of the Board shall certify to the adoption of this Resolution.
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Exhibit A
Legal Description
THE WEST 76 FEET OF THAT PORTION OF THE SOUTHEAST 1/4 OF SECTION 3,
TOWNSHIP 1 SOUTH, RANGE 7 WEST, SAN BERNARDINO BASE AND MERIDIAN,
IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT
RECORDED IN BOOK 4 OF MAPS, PAGE 9, RECORDS OF SAID COUNTY,
DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE SOUTH LINE OF SAID SECTION 3, 10 CHAINS
WEST OF THE SOUTHEAST CORN ER THEREOF;
THENCE WEST 5 CHAINS;
THENCE AT RIGHT ANGLES NORTH 10 CHAINS, MORE OR LESS, TO THE SOUTH
LINE OF A ROAD LEADING FROM CUCAMONGA SCHOOL HOUSE TO SAN
BERNARDINO;
THENCE EAST ALONG SAID ROAD TO A POINT DUE NORTH OF THE POINT OF
COMMENCEMENT; THENCE SOUTH TO THE POINT OF COMMENCEMENT.
EXCEPTING THEREFROM:
(A) BEGINNING AT A POINT ON THE NORTH LINE OF THE STATE
HIGHWAY, WHICH POINT IS NORTH 0° 08' WEST 30 FEET FROM A POINT
WHICH IS SOUTH 89° 54' WEST 660 FEET FROM THE SOUTHEAST CORNER OF
SAID SECTION 3;
THENCE NORTH 0° 08' WEST 341 FEET;
THENCE SOUTH 89° 54' WEST 330 FEET;
THENCE SOUTH 0° 08' EAST 341 FEET;
THENCE NORTH 89° 54' EAST 330 FEET TO THE POINT OF BEGINNING.
(B) COMMENCING AT THE NORTHEAST CORNER OF THE TRACT OF LAND AS
DESCRIBED IN THE DEED TO ALVIN C. BURKHOLDER, ET UX, RECORDED
AUGUST 20, 1947, AS RECORDER'S DAILY INSTRUMENT NO. 35, IN THE OFFICE
OF THE COUNTY RECORDER;
THENCE WEST ALONG THE SOUTH LINE OF A ROAD LEADING FROM
CUCAMONGA SCHOOL HOUSE TO SAN BERNARDINO, 126 FEET TO THE TRUE
POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED;
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Legal Description – Page 2
THENCE WEST ALONG SAID ROAD, 128 FEET;
THENCE SOUTH AND PARALLEL TO THE EAST LINE OF SAID BURKHOLDER
TRACT, 136 FEET;
THENCE AT RIGHT ANGLES EAST 128 FEET, MORE OR LESS, TO A POINT DUE
SOUTH OF THE TRUE POINT OF BEGINNING;
THENCE NORTH TO THE POINT OF BEGINNING.
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EXHIBIT B
RECORDING REQUESTED BY, AND WHEN
RECORDED MAIL TO:
City of Rancho Cucamonga
Attn: City Clerk
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
RE: APN 0208-151-17
Exempt from recording fees pursuant to Government Code Section 6103. (Space above
for Recorder’s use.)
COVENANTS AND RESTRICTIONS FOR REAL PROPERTY
(per Government Code Section 54233.5)
These COVENANTS AND RESTRICTIONS FOR REAL PROPERTY is executed as of
September 15, 2021, by the Rancho Cucamonga Fire Protection District ("Owner").
RECITALS
WHEREAS, Owner is the owner of certain real property located in the City of Rancho
Cucamonga, County of San Bernardino, California as is described in the legal description in the
attached and incorporated Exhibit A ("the Property");
WHEREAS, Assembly Bill 1486 amended the Surplus Land Act (Government Code
Section 54220 et. seq.) and created new obligations before a local agency may dispose of surplus
land;
WHEREAS, the Surplus Land Act designates the California State Department of Housing
and Community Development ("HCD") with oversight with respect to a local agency's compliance
with the Surplus Land Act; and
WHEREAS, HCD requires that certain affordability covenants and restrictions be recorded
against surplus land as set forth in Government Code Section 54233.5 prior to its disposition.
NOW, THEREFORE, in consideration of the foregoing, the Owner declares as follows:
A. Where local zoning permits development of 10 or more residential units or is rezoned
within five years of the disposal to permit the development of 10 or more residential units, and ten
(10) or more residential units are developed on the property described on Exhibit "A" attached
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hereto then not less than 15 percent of the total number of residential units developed on the
property shall be sold or rented at an affordable housing cost, as defined in Section 50052.5 of the
California Health and Safety Code, or affordable rent, as defined in Section 50053 of the California
Health and Safety Code, to lower-income households, as defined in Section 50079.5 of the
California Health and Safety Code. Rental units shall remain affordable to and occupied by lower-
income households for a period of 55 years for rental housing and 45 years for ownership housing.
The initial occupants of all ownership units shall be lower-income households, and the units shall
be subject to an equity sharing agreement consistent with the provisions of paragraph (2) of
subdivision (c) of 65915 of the California Government Code.
B. These requirements shall be covenants and restrictions running with the land and shall be
enforceable against any owner who violates a covenant or restriction and each successor-in-
interest who continues the violation by any of the entities described in subdivisions (a) to (f),
inclusive, of Section 54222.5 of the California Government Code.
C. The Restrictions and Covenants set forth herein are intended not to merge into the Owner's
fee simple title to the Property, but become effective when the Property is conveyed by the current
Owner (i.e. Rancho Cucamonga Fire Protection District).
IN WITNESS WHEREOF, the undersigned has caused this Covenants and Restrictions for
Real Property to be signed by its duly authorized representatives, as of the day and year first above
written.
OWNER: RANCHO CUCAMONGA FIRE
PROTECTION DISTRICT
John Gillison, City Manager
ATTEST:
Page 119
ATTACHMENT 2
11231-0001\2481928v1.doc
RESOLUTION NO. ______
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO
CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA,
CALIFORNIA APPROVING COVENANTS AND RESTRICTIONS ON
REAL PROPERTY PURSUANT TO GOVERNMENT CODE SECTION
54233.5 FOR THAT REAL PROPERTY LOCATED AT 9547 SAN
BERNARDINO ROAD, AND AMENDING AND REPLACING
RESOLUTION FD2021-010
WHEREAS, the Rancho Cucamonga Fire Protection District (“District”) is the
owner in fee simple of that certain real property described in Exhibit “A,” attached hereto
and made a part of hereof (“Property”); and
WHEREAS, the Property is vacant property located at 9547 San Bernardino Road,
which the District is no longer expected to use or need as of January 1, 2021; and
WHEREAS, District staff has evaluated the Property for its potential to be used for
District work or operations after the District discontinues use of the Property; and
WHEREAS, District staff has determined that the Property is not suitable for the
District’s use after the District discontinues use of the Property; and
WHEREAS, the Fire Board has previously adopted Resolution FD2020-025,
declaring that the Property is surplus land and not necessary for the District’s use; and
WHEREAS, in December of 2021 the District sent written notices of availability of
the Property to certain designated entities, but negotiations did not result in the sale of
the Property; and
WHEREAS, the Fire Board previously adopted Resolution FD2021-010, approving
covenants and restrictions on real property pursuant to Government Code Section 54233
for this parcel, but was directed by the California Department of Housing and Community
Development to replace this covenant with the language included in this resolution which
is in accordance with Government Code Section 54233.5;
NOW, THEREFORE, THE FIRE DISTRICT BOARD OF DIRECTORS HEREBY
RESOLVES AS FOLLOWS:
Section 1.The above recitals are true and correct and are a substantive part of
this Resolution.
Section 2.Resolution FD2021-010 is hereby amended and replaced by this
Resolution.
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Section 3.The Fire District Board of Directors hereby approves the Covenants
and Restrictions for Real Property, attached as Exhibit B.
Section 4.The officers and staff of the District are hereby authorized, jointly and
severally, to do all things which they may deem necessary or proper to effectuate the
purposes of this Resolution, and any such actions previously taken are hereby ratified
and confirmed. Such actions include negotiating in good faith in accordance with the
requirements of the Act with any of the Designated Entities that submit a written notice of
interest to purchase or lease the Property in compliance with the Act.
Section 5.The Clerk of the Board shall certify to the adoption of this Resolution.
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Exhibit A
Legal Description
THAT PORTION OF THE SOUTHEAST ONE QUARTER OF SECTION 3, TOWNSHIP
1 SOUTH, RANGE 7 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF
RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, ACCORDING TO
GOVERNMENT SURVEY, AS THE LINES OF SAID GOVERNMENT SURVEY MAY
BE EXTENDED ACROSS THE CUCAMONGA RANCHO, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF SAID SECTION 3, 990 FEET
WEST OF THE SOUTHEAST CORNER OF SAID SECTION, SAID POINT BEING THE
SOUTHEAST CORNER OF THAT PARCEL OF LAND CONVEYED TO HENRY G.
KLUSMAN BY DEED RECORDED JUNE 25, 1930, IN BOOK 635, PAGE(S) 117, OF
OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA;
THENCE NORTH 322 FEET, MORE OR LESS, ALONG THE EAST LINE OF THE
PROPERTY CONVEYED TO POINT THEREON THAT IS SOUTH 324 FEET 4
INCHES FROM THE NORTHEAST CORNER THEREOF, FOR THE TRUE POINT OF
BEGINNING.
THENCE 11 EAST 110.64 FEET, MORE OR LESS, TO A POINT ON THE WEST LINE
OF PROPERTY SO CONVEYED TO KLUSMAN THAT IS SOUTH THEREON 328
FEET,5 INCHES FROM THE NORTHWEST CORNER THEREOF;
THENCE NORTH 328 FEET 5 INCHES ALONG SAID WEST LINE TO SAID
NORTHWEST CORNER BEING A POINT ON THE SOUTH LINE OF SAN
BERNARDINO ROAD;
THENCE EAST 110 FEET, MORE OR LESS, ALONG THE SOUTH LINE OF SAID
SAN BERNARDINO ROAD, BEING THE NORTH LINE OF PROPERTY SO
CONVEYED TO KLUSMAN,THE NORTHEAST CORNER THEREOF;
THENCE SOUTH 324 FEET 4 INCHES ALONG THE EAST LINE OF SAID
PROPERTY TO THE TRUE POINT OF BEGINNING.
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EXHIBIT B
RECORDING REQUESTED BY, AND WHEN
RECORDED MAIL TO:
City of Rancho Cucamonga
Attn: City Clerk
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
RE: APN 0208-151-07
Exempt from recording fees pursuant to Government Code Section 6103. (Space above
for Recorder’s use.)
COVENANTS AND RESTRICTIONS FOR REAL PROPERTY
(per Government Code Section 54233.5)
These COVENANTS AND RESTRICTIONS FOR REAL PROPERTY is executed as of
September 15, 2021, by the Rancho Cucamonga Fire Protection District ("Owner").
RECITALS
WHEREAS, Owner is the owner of certain real property located in the City of Rancho
Cucamonga, County of San Bernardino, California as is described in the legal description in the
attached and incorporated Exhibit A ("the Property");
WHEREAS, Assembly Bill 1486 amended the Surplus Land Act (Government Code
Section 54220 et. seq.) and created new obligations before a local agency may dispose of surplus
land;
WHEREAS, the Surplus Land Act designates the California State Department of Housing
and Community Development ("HCD") with oversight with respect to a local agency's compliance
with the Surplus Land Act; and
WHEREAS, HCD requires that certain affordability covenants and restrictions be recorded
against surplus land as set forth in Government Code Section 54233.5 prior to its disposition.
NOW, THEREFORE, in consideration of the foregoing, the Owner declares as follows:
A. Where local zoning permits development of 10 or more residential units or is rezoned
within five years of the disposal to permit the development of 10 or more residential units, and ten
(10) or more residential units are developed on the property described on Exhibit "A" attached
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hereto then not less than 15 percent of the total number of residential units developed on the
property shall be sold or rented at an affordable housing cost, as defined in Section 50052.5 of the
California Health and Safety Code, or affordable rent, as defined in Section 50053 of the California
Health and Safety Code, to lower-income households, as defined in Section 50079.5 of the
California Health and Safety Code. Rental units shall remain affordable to and occupied by lower-
income households for a period of 55 years for rental housing and 45 years for ownership housing.
The initial occupants of all ownership units shall be lower-income households, and the units shall
be subject to an equity sharing agreement consistent with the provisions of paragraph (2) of
subdivision (c) of 65915 of the California Government Code.
B. These requirements shall be covenants and restrictions running with the land and shall be
enforceable against any owner who violates a covenant or restriction and each successor-in-
interest who continues the violation by any of the entities described in subdivisions (a) to (f),
inclusive, of Section 54222.5 of the California Government Code.
C. The Restrictions and Covenants set forth herein are intended not to merge into the Owner's
fee simple title to the Property, but become effective when the Property is conveyed by the current
Owner (i.e. Rancho Cucamonga Fire Protection District).
IN WITNESS WHEREOF, the undersigned has caused this Covenants and Restrictions for
Real Property to be signed by its duly authorized representatives, as of the day and year first above
written.
OWNER: RANCHO CUCAMONGA FIRE
PROTECTION DISTRICT
John Gillison, City Manager
ATTEST:
Page 124
ATTACHMENT 3
11231-0001\2481928v1.doc
RESOLUTION NO. ______
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO
CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA,
CALIFORNIA APPROVING COVENANTS AND RESTRICTIONS ON
REAL PROPERTY PURSUANT TO GOVERNMENT CODE SECTION
54233.5 FOR THAT REAL PROPERTY LOCATED AT 9612 SAN
BERNARDINO ROAD, AND AMENDING AND REPLACING
RESOLUTION NO. FD 2021-011
WHEREAS, the Rancho Cucamonga Fire Protection District (“District”) is the
owner in fee simple of that certain real property described in Exhibit “A,” attached hereto
and made a part of hereof (“Property”); and
WHEREAS, the Property is vacant property located at 9612 San Bernardino Road,
which the District is no longer expected to use or need as of July 31, 2021; and
WHEREAS, District staff has evaluated the Property for its potential to be used for
District work or operations after the District discontinues use of the Property; and
WHEREAS, District staff has determined that the Property is not suitable for the
District’s use after the District discontinues use of the Property; and
WHEREAS, the Fire Board has previously adopted Resolution FD2020-024,
declaring that the Property is surplus land and not necessary for the District’s use; and
WHEREAS, in December of 2020 the District sent written notices of availability of
the Property to certain designated entities, but negotiations did not result in the sale of
the Property;
WHEREAS, the Fire Board previously adopted Resolution FD2021-011, approving
covenants and restrictions on real property pursuant to Government Code Section 54233
for this parcel, but was directed by the California Department of Housing and Community
Development to replace this covenant with the language included in this resolution which
is in accordance with Government Code Section 54233.5;
NOW, THEREFORE, THE FIRE DISTRICT BOARD OF DIRECTORS HEREBY
RESOLVES AS FOLLOWS:
Section 1.The above recitals are true and correct and are a substantive part of
this Resolution.
Section 2.Resolution FD2021-011 is hereby amended and replaced by this
Resolution.
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Section 3.The Fire District Board of Directors hereby approves the Covenants
and Restrictions for Real Property, attached as Exhibit B.
Section 4.The officers and staff of the District are hereby authorized, jointly and
severally, to do all things which they may deem necessary or proper to effectuate the
purposes of this Resolution, and any such actions previously taken are hereby ratified
and confirmed. Such actions include negotiating in good faith in accordance with the
requirements of the Act with any of the Designated Entities that submit a written notice of
interest to purchase or lease the Property in compliance with the Act.
Section 5.The Clerk of the Board shall certify to the adoption of this Resolution.
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Exhibit A
Legal Description
The Land referred to herein below is situated in the unincorporated area of the County
of San Bernardino, State of California, and is described as follows:
PARCEL "A" AS SHOWN ON CERTIFICATE OF COMPLIANCE FOR LOT LINE
ADJUSTMENT NO. 235, AS EVIDENCED BY DOCUMENT RECORDED SEPTEMBER
10, 1986 AS INSTRUMENT NO. 86-261471 OF OFFICIAL RECORDS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THAT PORTION OF THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP, 1 SOUTH,
RANGE 7 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF
SAN BERNARDINO, STATE OF CALIFORNIA, AS THE LINES OF THE
GOVERNMENT SURVEY MAY BE EXTENDED ACROSS THE CUCAMONGA
RANCHO, PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE NORTH LINE OF OLD SAN BERNARDINO
ROAD, SO-CALLED, (BEING THE ROAD DESCRIBED AS LEADING EASTERLY
FROM THE SCHOOL HOUSE IN CUCAMONGA) 488 FEET WEST FROM THE WEST
LINE OF ARCHIBALD AVENUE;
THENCE NORTH PARALLEL WITH THE WEST LINE OF ARCHIBALD AVENUE 150
FEET;
THENCE WEST PARALLEL WITH THE NORTH LINE OF OLD SAN BERNARDINO
ROAD, 126.72 FEET, MORE OR LESS, TO THE WEST LINE OF THE LAND
CONVEYED TO JOHN D. MAC PHERSON AND WIFE, BY DEED DATED APRIL 5,
1945 AND RECORDED APRIL 21, 1945, IN BOOK 1763, PAGE 282 OFFICIAL
RECORDS;
THENCE SOUTH 0° 10’ WEST, 150 FEET TO THE SOUTHWEST CORNER OF SAID
MAC PHERSON LAND;
THENCE EAST ALONG THE NORTH LINE OF OLD SAN BERNARDINO ROAD TO
THE POINT OF BEGINNING.
EXCEPTING THE WEST 30 FEET THEREOF FOR ROAD PURPOSES.
For conveyancing purposes only: APN 0208-131-83
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EXHIBIT B
RECORDING REQUESTED BY, AND WHEN
RECORDED MAIL TO:
City of Rancho Cucamonga
Attn: City Clerk
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
RE: APN 0208-131-83
Exempt from recording fees pursuant to Government Code Section 6103. (Space above
for Recorder’s use.)
COVENANTS AND RESTRICTIONS FOR REAL PROPERTY
(per Government Code Section 54233.5)
These COVENANTS AND RESTRICTIONS FOR REAL PROPERTY is executed as of
September 15, 2021, by the Rancho Cucamonga Fire Protection District ("Owner").
RECITALS
WHEREAS, Owner is the owner of certain real property located in the City of Rancho
Cucamonga, County of San Bernardino, California as is described in the legal description in the
attached and incorporated Exhibit A ("the Property");
WHEREAS, Assembly Bill 1486 amended the Surplus Land Act (Government Code
Section 54220 et. seq.) and created new obligations before a local agency may dispose of surplus
land;
WHEREAS, the Surplus Land Act designates the California State Department of Housing
and Community Development ("HCD") with oversight with respect to a local agency's compliance
with the Surplus Land Act; and
WHEREAS, HCD requires that certain affordability covenants and restrictions be recorded
against surplus land as set forth in Government Code Section 54233.5 prior to its disposition.
NOW, THEREFORE, in consideration of the foregoing, the Owner declares as follows:
A. Where local zoning permits development of 10 or more residential units or is rezoned
within five years of the disposal to permit the development of 10 or more residential units, and ten
(10) or more residential units are developed on the property described on Exhibit "A" attached
hereto then not less than 15 percent of the total number of residential units developed on the
property shall be sold or rented at an affordable housing cost, as defined in Section 50052.5 of the
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California Health and Safety Code, or affordable rent, as defined in Section 50053 of the California
Health and Safety Code, to lower-income households, as defined in Section 50079.5 of the
California Health and Safety Code. Rental units shall remain affordable to and occupied by lower-
income households for a period of 55 years for rental housing and 45 years for ownership housing.
The initial occupants of all ownership units shall be lower-income households, and the units shall
be subject to an equity sharing agreement consistent with the provisions of paragraph (2) of
subdivision (c) of 65915 of the California Government Code.
B. These requirements shall be covenants and restrictions running with the land and shall be
enforceable against any owner who violates a covenant or restriction and each successor-in-
interest who continues the violation by any of the entities described in subdivisions (a) to (f),
inclusive, of Section 54222.5 of the California Government Code.
C. The Restrictions and Covenants set forth herein are intended not to merge into the Owner's
fee simple title to the Property, but become effective when the Property is conveyed by the current
Owner (i.e. Rancho Cucamonga Fire Protection District).
IN WITNESS WHEREOF, the undersigned has caused this Covenants and Restrictions for
Real Property to be signed by its duly authorized representatives, as of the day and year first above
written.
OWNER: RANCHO CUCAMONGA FIRE
PROTECTION DISTRICT
John Gillison, City Manager
ATTEST:
Page 129
DATE:September 15, 2021
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY:Robert Neiuber, Human Resources Director
Lucy Alvarez-Nunez, Management Analyst I
SUBJECT:Consideration to Adopt a Resolution Approving Side Letter Agreements
between the City of Rancho Cucamonga and City Bargaining Units,
Including a Part-Time City Employee Benefit. (RESOLUTION NO. 2021-
104) (CITY)
RECOMMENDATION:
Staff recommends the City Council adopt the attached resolution approving side letter
agreements between the City of Rancho Cucamonga and City bargaining units including a part-
time City employee benefit.
BACKGROUND:
According to the CDC, COVID-19 vaccines are safe and effective at preventing COVID-19
including severe illness and death. In addition, COVID-19 vaccines are effective against severe
disease and death from variants of the virus that cause COVID-19. Currently these variants,
including the Delta variant, are circulating in the United States. Infections happen in only a small
proportion of people who are fully vaccinated, even with the Delta variant, and when these
infections occur among vaccinated people, they tend to be mild.
Under federal law, an employer may offer an incentive to employees to voluntarily provide
documentation or other confirmation of a COVID-19 vaccination.
Under Cal/OSHA regulations, employees that are fully vaccinated can continue to work if exposed
to COVID-19 as long as they have no symptoms, and under CDC guidelines people who travel
out of the country or state do not need to quarantine for seven to ten days after travel. Since the
beginning of the COVID-19 pandemic, services to the public have been adversely impacted when
staff is out ill with COVID and/or required to quarantine away from the workplace as a result of
exposure.
ANALYSIS:
Fully vaccinated employees help the City of Rancho Cucamonga (City) maintain staffing levels
and provide continuity of public services to the community.
In order to maintain a safe and healthy workplace, the City wants to encourage employees to be
fully vaccinated for COVID-19 to contain and mitigate the spread of COVID-19 within the
workplace and the community. For those reasons, the City is desirous of implementing a COVID-
19 Vaccine Incentive Program for all City employees. The full program and requirements are
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outlined in the attached side letter agreements and part-time City employee benefit update.
In summary, this program would be effective immediately and would be in place until November
30, 2021. Any current employee who is fully vaccinated (as defined by the side letter) and has
provided proof of being fully vaccinated would be eligible for the following incentive:
Full-Time Employees - Eligible full-time employees would receive 2 days of floating holiday
time that must be used prior to June 30, 2022, in accordance with their existing MOU’s.
Part-Time Employees - Eligible part-time employees would receive 10 hours of floating
holiday time which they can use on November 25, 2021 or December 25, 2021.
The City also negotiated updated MOU provisions with the Executive Management Group related
to constructive receipt. This negotiated provision updates the process for vacation buyback. There
is no additional benefit provided.
Staff recommends the City Council adopt the attached resolution approving the side letter
agreements and part-time City employee benefit.
FISCAL IMPACT:
The City could incur a cost of up to $20,000 associated with the program for fiscal year 2021/22
for part-time employees. The City would adjust the departmental budgets to reflect this change at
mid-year. There is no direct dollar cost for the additional time off for full-time employees.
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
This item addresses the Council’s core values of promoting and enhancing a safe and healthy
community for all and working together cooperatively and respectfully with each other, staff, and
all stakeholders.
ATTACHMENTS:
Attachment 1 – Resolution No. 2021-104
Attachment 2 – Executive Management Group Side Letter Agreement
Attachment 3 – Rancho Cucamonga Management Association Side Letter Agreement
Attachment 4 – Rancho Cucamonga City Employees Association Side Letter Agreement
Attachment 5 – Teamsters Local 1932 Side Letter Agreement
Attachment 6 – Part Time City Employee Benefit Update
Page 131
ATTACHMENT 1
1
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RESOLUTION NO. 2021-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING SIDE
LETTER AGREEMENTS BETWEEN THE CITY OF RANCHO
CUCAMONGA AND CITY BARGAINING UNITS, INCLUDING A
PART TIME CITY EMPLOYEE BENEFIT.
WHEREAS, representatives of the City of Rancho Cucamonga (City) and representatives
of all City Bargaining Units have met and conferred pursuant to the provisions of the Meyers-
Milias-Brown Act (California Government Code §3500, et seq.) with regard to terms and
conditions of employment; and
WHEREAS, representatives of the City and representatives of all City Bargaining Units
have agreed upon and presented to this City Council a Side Letter Agreement (see attached Side
Letter Agreements) and a Part Time City Employee Benefit Update, effective September 15, 2021
until November 30, 2021; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA
HEREBY RESOLVES that said Side Letter Agreements with all City Bargaining Units and Part
Time City Employees Benefit Update are hereby approved and the City Manager is hereby
authorized to sign said Side Letter Agreement on behalf of the City of Rancho Cucamonga, and
the City Clerk to attest thereto.
PASSED, APROVED AND ADOPTED this 15th day of September 2021.
Page 132
ATTACHMENT 2
SIDE LETTER OF AGREEMENT
BETWEEN THE CITY OF RANCHO CUCAMONGA
AND THE EXECUTIVE MANAGEMENT EMPLOYEE GROUP
The City of Rancho Cucamonga ("City") and the Executive Management Employee Group
(collectively, the "Parties") entered into a Memorandum of Understanding ("MOU") that
commenced on July 1, 2019, and expires on June 30, 2022.
The Parties met and conferred in good faith in August and September of 2021. The Parties
agreed to a temporary COVID-19 vaccine incentive program and an updated MOU process
related to the cash-out of vacation time.
COVID-19 Vaccine Incentive Program
In order to maintain a safe and healthy workplace, the City of Rancho Cucamonga (City) wants to
encourage employees to be “fully vaccinated” for COVID-19 in order to contain and mitigate the
spread of COVID-19 within the workplace and the community. For those reasons, the City is
desirous of implementing a COVID-19 Vaccine Incentive Program for all City employees.
This program would be in place until November 30, 2021. Any current employee who is “fully
vaccinated” and has provided “proof” would be eligible for the following incentives.
Incentives:
Full-Time Employees: Eligible full-time employees would receive 2 days of floating holiday time
that must be used prior to June 30, 2022, in accordance with their existing
MOU’s. These days may be taken by an employee at his or her
convenience, subject to approval of the supervisor.
The City recognizes that employees with qualifying disabilities under the Americans with
Disabilities Act (ADA) and employees with sincerely held religious beliefs under Title VII of the
Civil Rights Act of 1964 (Title VII) may request medical or religious accommodations in order to
be considered eligible for this program. Qualifying employees are entitled to a reasonable
accommodation process. The City has found that a reasonable accommodation for those that
qualify for an accommodation is a weekly “COVID-19 test” at an “approved testing location”
during working hours during the eligibility period of the program (adoption to November 30,
2021). This provides an alternate way to maintain a safe and healthy workplace.
Employees requesting any statutory exemption from the eligibility requirements of this program
may be required to provide supporting documentation, certification, or other evidence or
information permissible by law. Requests for accommodation must be made within fourteen (14)
calendar days of adoption of this policy. Each request will be considered under the applicable
statutes, including the ADA and Title VII, but employees should understand that the City is not
legally required to, provide accommodations to all employees who make such a request.
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ATTACHMENT 2
Definitions:
“fully vaccinated” The employer has documented that the person received, at least 14 days
prior, either the second dose in a two-dose COVID-19 vaccine series or a single dose COVID-
19 vaccine. Vaccines must be FDA approved; or have an emergency use authorization from
the FDA.
“Proof” means valid documentation of the person’s COVID-19 vaccination record, which may
be their vaccine card or a copy or a digital version thereof, as provided by their health care
provider, the State Department of Public Health or another state or federal agency has been
shared with the City HR Department. HR will review the proof but keep no copies. A
confidential spreadsheet of those that are fully vaccinated will be maintained by the City
“COVID-19 test” means a polymerase chain reaction (PCR) test for SARS-CoV-2 that is both:
(1) Approved by the United States Food and Drug Administration (FDA) or has an Emergency
Use Authorization from the FDA to diagnose current infection with the SARS-CoV-2 virus;
and (2) Administered in accordance with the FDA approval or the FDA Emergency Use
Authorization as applicable.
Acceptable documentation of a COVID-19 test would be an electronic copy of the results as
provided to the employee from an approved testing site. HR will review the documentation but
keep no copies. A confidential spreadsheet of the weekly testing results will be maintained by
the City.
“approved testing locations” means any San Bernardino County run COVID-19 testing
location or any testing location provided by an employee’s City offered Health Plan Care
Provider. Employees must coordinate with their supervisor on testing times.
The forms for requesting a medical or religious exemption are available from Human Resources.
If an accommodation request is denied, employees will have seven calendar days to request in
writing (email is acceptable) a reconsideration from the Deputy City Manager, Lori Sassoon
(lori.sassoon@cityofrc.us). The Deputy City Manager’s determination is final.
VACATION BUYBACK SECTION 14
Annually, at the employee's written request, the City will "buy back," the total cash value of up to
200 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 200 hours in a calendar year.
Beginning December 2021 and annually thereafter, any employee that wants to have the City buy
back vacation hours shall make an irrevocable election to do so. The irrevocable election shall be
submitted in writing to the City's Human Resources Department on or before December 15 and
shall indicate the number of hours of vacation that the employee expects to earn in the following
calendar year that the employee wants the City to buy back, with a minimum buy back of 20 hours
up to a maximum of 200 hours. This buy back shall occur twice annually, in June/July (between
Page 134
ATTACHMENT 2
the last payday in June and the first payday in July) and December (between the first and second
payday of the month), and the employee must indicate the total amount of hours they want paid
out in June/July and in December. Regardless of the number of hours requested to be cashed out
at either time, the most the City can cash out is the number of hours accrued and available in that
calendar year to date. Employees must maintain a minimum of 40 hours of accrued vacation
subsequent to any payment of vacation buyback time.
This Side Letter of Agreement shall be incorporated into the MOU. The MOU shall remain in
full force and effect except to the extent modified by this Side Letter of Agreement. This Side
Letter of Agreement shall not be effective until ratified by the City Council and the Executive
Management Group.
For the City of Rancho Cucamonga For the Executive Management Group
___________________________________ ___________________________________
John Gillison Jennifer Hunt-Gracia
City Manager Executive Management Group Representative
___________________________________
Anne McIntosh
Executive Management Group Representative
Page 135
1
SIDE LETTER OF AGREEMENT
BETWEEN THE CITY OF RANCHO CUCAMONGA
AND THE RANCHO CUCAMONGA MANAGEMENT ASSOCIATION
The City of Rancho Cucamonga ("City") and the Rancho Cucamonga Management Association
(collectively, the "Parties") entered into a Memorandum of Understanding ("MOU") that
commenced on June 2, 2021, and expires on June 30, 2022.
The Parties met and conferred in good faith in August and September of 2021. The Parties agreed
to a temporary COVID-19 vaccine incentive program.
COVID-19 Vaccine Incentive Program
In order to maintain a safe and healthy workplace, the City of Rancho Cucamonga (City) wants to
encourage employees to be “fully vaccinated” for COVID-19 in order to contain and mitigate the
spread of COVID-19 within the workplace and the community. For those reasons, the City is
desirous of implementing a COVID-19 Vaccine Incentive Program for all City employees.
This program would be in place until November 30, 2021. Any current employee who is “fully
vaccinated” and has provided “proof” would be eligible for the following incentives.
Incentives:
Full-Time Employees: Eligible full-time employees would receive 2 days of floating holiday time
that must be used prior to June 30, 2022, in accordance with their existing
MOU’s. These days may be taken by an employee at his or her
convenience, subject to approval of the supervisor.
The City recognizes that employees with qualifying disabilities under the Americans with
Disabilities Act (ADA) and employees with sincerely held religious beliefs under Title VII of the
Civil Rights Act of 1964 (Title VII) may request medical or religious accommodations in order to
be considered eligible for this program. Qualifying employees are entitled to a reasonable
accommodation process. The City has found that a reasonable accommodation for those that
qualify for an accommodation is a weekly “COVID-19 test” at an “approved testing location”
during working hours during the eligibility period of the program (adoption to November 30,
2021). This provides an alternate way to maintain a safe and healthy workplace.
Employees requesting any statutory exemption from the eligibility requirements of this program
may be required to provide supporting documentation, certification, or other evidence or
information permissible by law. Requests for accommodation must be made within fourteen (14)
calendar days of adoption of this policy. Each request will be considered under the applicable
statutes, including the ADA and Title VII, but employees should understand that the City is not
legally required to, provide accommodations to all employees who make such a request.
ATTACHMENT 3
Page 136
2
Definitions:
“fully vaccinated” The employer has documented that the person received, at least 14 days
prior, either the second dose in a two-dose COVID-19 vaccine series or a single dose COVID-
19 vaccine. Vaccines must be FDA approved; or have an emergency use authorization from
the FDA.
“Proof” means valid documentation of the person’s COVID-19 vaccination record, which may
be their vaccine card or a copy or a digital version thereof, as provided by their health care
provider, the State Department of Public Health or another state or federal agency has been
shared with the City HR Department. HR will review the proof but keep no copies. A
confidential spreadsheet of those that are fully vaccinated will be maintained by the City
“COVID-19 test” means a polymerase chain reaction (PCR) test for SARS-CoV-2 that is both:
(1) Approved by the United States Food and Drug Administration (FDA) or has an Emergency
Use Authorization from the FDA to diagnose current infection with the SARS-CoV-2 virus;
and (2) Administered in accordance with the FDA approval or the FDA Emergency Use
Authorization as applicable.
Acceptable documentation of a COVID-19 test would be an electronic copy of the results as
provided to the employee from an approved testing site. HR will review the documentation but
keep no copies. A confidential spreadsheet of the weekly testing results will be maintained by
the City.
“approved testing locations” means any San Bernardino County run COVID-19 testing
location or any testing location provided by an employee’s City offered Health Plan Care
Provider. Employees must coordinate with their supervisor on testing times.
The forms for requesting a medical or religious exemption are available from Human Resources.
If an accommodation request is denied, employees will have seven calendar days to request in
writing (email is acceptable) a reconsideration from the Deputy City Manager, Lori Sassoon
(lori.sassoon@cityofrc.us). The Deputy City Manager’s determination is final.
This Side Letter of Agreement shall be incorporated into the MOU. The MOU shall remain in full
force and effect except to the extent modified by this Side Letter of Agreement. This Side Letter
of Agreement shall not be effective until ratified by the City Council and approved by the Rancho
Cucamonga Management Association.
For the City of Rancho Cucamonga For the Rancho Cucamonga Management
Association
___________________________________ ________________________________________
John Gillison Katie Distelrath President
City Manager Rancho Cucamonga Management Association
Page 137
1
SIDE LETTER OF AGREEMENT
BETWEEN THE CITY OF RANCHO CUCAMONGA
AND THE RANCHO CUCAMONGA CITY EMPLOYEES ASSOCIATION
The City of Rancho Cucamonga ("City") and the Rancho Cucamonga City Employees Association
(collectively, the "Parties") entered into a Memorandum of Understanding ("MOU") that
commenced on June 7, 2021, and expires on June 30, 2022.
The Parties met and conferred in good faith in August and September of 2021. The Parties agreed
to a temporary COVID-19 vaccine incentive program.
COVID-19 Vaccine Incentive Program
In order to maintain a safe and healthy workplace, the City of Rancho Cucamonga (City) wants to
encourage employees to be “fully vaccinated” for COVID-19 in order to contain and mitigate the
spread of COVID-19 within the workplace and the community. For those reasons, the City is
desirous of implementing a COVID-19 Vaccine Incentive Program for all City employees.
This program would be in place until November 30, 2021. Any current employee who is “fully
vaccinated” and has provided “proof” would be eligible for the following incentives.
Incentives:
Full-Time Employees: Eligible full-time employees would receive 2 days of floating holiday time
that must be used prior to June 30, 2022, in accordance with their existing
MOU’s. These days may be taken by an employee at his or her
convenience, subject to approval of the supervisor.
The City recognizes that employees with qualifying disabilities under the Americans with
Disabilities Act (ADA) and employees with sincerely held religious beliefs under Title VII of the
Civil Rights Act of 1964 (Title VII) may request medical or religious accommodations in order to
be considered eligible for this program. Qualifying employees are entitled to a reasonable
accommodation process. The City has found that a reasonable accommodation for those that
qualify for an accommodation is a weekly “COVID-19 test” at an “approved testing location”
during working hours during the eligibility period of the program (adoption to November 30,
2021). This provides an alternate way to maintain a safe and healthy workplace.
Employees requesting any statutory exemption from the eligibility requirements of this program
may be required to provide supporting documentation, certification, or other evidence or
information permissible by law. Requests for accommodation must be made within fourteen (14)
calendar days of adoption of this policy. Each request will be considered under the applicable
statutes, including the ADA and Title VII, but employees should understand that the City is not
legally required to, provide accommodations to all employees who make such a request.
ATTACHMENT 4
Page 138
2
Definitions:
“fully vaccinated” The employer has documented that the person received, at least 14 days
prior, either the second dose in a two-dose COVID-19 vaccine series or a single dose COVID-
19 vaccine. Vaccines must be FDA approved; or have an emergency use authorization from
the FDA.
“Proof” means valid documentation of the person’s COVID-19 vaccination record, which may
be their vaccine card or a copy or a digital version thereof, as provided by their health care
provider, the State Department of Public Health or another state or federal agency has been
shared with the City HR Department. HR will review the proof but keep no copies. A
confidential spreadsheet of those that are fully vaccinated will be maintained by the City
“COVID-19 test” means a polymerase chain reaction (PCR) test for SARS-CoV-2 that is both:
(1) Approved by the United States Food and Drug Administration (FDA) or has an Emergency
Use Authorization from the FDA to diagnose current infection with the SARS-CoV-2 virus;
and (2) Administered in accordance with the FDA approval or the FDA Emergency Use
Authorization as applicable.
Acceptable documentation of a COVID-19 test would be an electronic copy of the results as
provided to the employee from an approved testing site. HR will review the documentation but
keep no copies. A confidential spreadsheet of the weekly testing results will be maintained by
the City.
“approved testing locations” means any San Bernardino County run COVID-19 testing
location or any testing location provided by an employee’s City offered Health Plan Care
Provider. Employees must coordinate with their supervisor on testing times.
The forms for requesting a medical or religious exemption are available from Human Resources.
If an accommodation request is denied, employees will have seven calendar days to request in
writing (email is acceptable) a reconsideration from the Deputy City Manager, Lori Sassoon
(lori.sassoon@cityofrc.us). The Deputy City Manager’s determination is final.
This Side Letter of Agreement shall be incorporated into the MOU. The MOU shall remain in full
force and effect except to the extent modified by this Side Letter of Agreement. This Side Letter
of Agreement shall not be effective until ratified by the City Council and approved by the Rancho
Cucamonga City Employees Association.
For the City of Rancho Cucamonga For the Rancho Cucamonga City Employees
Association
___________________________________ ________________________________________
John Gillison Andy Miller President
City Manager Rancho Cucamonga City Employees Association
Page 139
1
SIDE LETTER OF AGREEMENT
BETWEEN THE CITY OF RANCHO CUCAMONGA
AND THE TEAMSTERS LOCAL 1932
The City of Rancho Cucamonga ("City") and the Teamsters Local 1932(collectively, the "Parties")
entered into a Memorandum of Understanding ("MOU") that commenced on July 1, 2019 and
expires on June 30, 2022.
The Parties met and conferred in good faith in August and September of 2021. The Parties agreed
to a temporary COVID-19 vaccine incentive program.
COVID-19 Vaccine Incentive Program
In order to maintain a safe and healthy workplace, the City of Rancho Cucamonga (City) wants to
encourage employees to be “fully vaccinated” for COVID-19 in order to contain and mitigate the
spread of COVID-19 within the workplace and the community. For those reasons, the City is
desirous of implementing a COVID-19 Vaccine Incentive Program for all City employees.
This program would be in place until November 30, 2021. Any current employee who is “fully
vaccinated” and has provided “proof” would be eligible for the following incentives.
Incentives:
Full-Time Employees: Eligible full-time employees would receive 2 days of floating holiday time
that must be used prior to June 30, 2022, in accordance with their existing
MOU’s. These days may be taken by an employee at his or her
convenience, subject to approval of the supervisor.
The City recognizes that employees with qualifying disabilities under the Americans with
Disabilities Act (ADA) and employees with sincerely held religious beliefs under Title VII of the
Civil Rights Act of 1964 (Title VII) may request medical or religious accommodations in order to
be considered eligible for this program. Qualifying employees are entitled to a reasonable
accommodation process. The City has found that a reasonable accommodation for those that
qualify for an accommodation is a weekly “COVID-19 test” at an “approved testing location”
during working hours during the eligibility period of the program (adoption to November 30,
2021). This provides an alternate way to maintain a safe and healthy workplace.
Employees requesting any statutory exemption from the eligibility requirements of this program
may be required to provide supporting documentation, certification, or other evidence or
information permissible by law. Requests for accommodation must be made within fourteen (14)
calendar days of adoption of this policy. Each request will be considered under the applicable
statutes, including the ADA and Title VII, but employees should understand that the City is not
legally required to, provide accommodations to all employees who make such a request.
ATTACHMENT 5
Page 140
2
Definitions:
“fully vaccinated” The employer has documented that the person received, at least 14 days
prior, either the second dose in a two-dose COVID-19 vaccine series or a single dose COVID-
19 vaccine. Vaccines must be FDA approved; or have an emergency use authorization from
the FDA.
“Proof” means valid documentation of the person’s COVID-19 vaccination record, which may
be their vaccine card or a copy or a digital version thereof, as provided by their health care
provider, the State Department of Public Health or another state or federal agency has been
shared with the City HR Department. HR will review the proof but keep no copies. A
confidential spreadsheet of those that are fully vaccinated will be maintained by the City
“COVID-19 test” means a polymerase chain reaction (PCR) test for SARS-CoV-2 that is both:
(1) Approved by the United States Food and Drug Administration (FDA) or has an Emergency
Use Authorization from the FDA to diagnose current infection with the SARS-CoV-2 virus;
and (2) Administered in accordance with the FDA approval or the FDA Emergency Use
Authorization as applicable.
Acceptable documentation of a COVID-19 test would be an electronic copy of the results as
provided to the employee from an approved testing site. HR will review the documentation but
keep no copies. A confidential spreadsheet of the weekly testing results will be maintained by
the City.
“approved testing locations” means any San Bernardino County run COVID-19 testing
location or any testing location provided by an employee’s City offered Health Plan Care
Provider. Employees must coordinate with their supervisor on testing times.
The forms for requesting a medical or religious exemption are available from Human Resources.
If an accommodation request is denied, employees will have seven calendar days to request in
writing (email is acceptable) a reconsideration from the Deputy City Manager, Lori Sassoon
(lori.sassoon@cityofrc.us). The Deputy City Manager’s determination is final.
This Side Letter of Agreement shall be incorporated into the MOU. The MOU shall remain in full
force and effect except to the extent modified by this Side Letter of Agreement. This Side Letter
of Agreement shall not be effective until ratified by the City Council and approved by the
Teamsters Local 1932.
For the City of Rancho Cucamonga For the Teamsters Local 1932
___________________________________ ________________________________________
John Gillison Caleb Dupont President
City Manager Teamsters Local 1932
Page 141
1
NEW PART-TIME EMPLOYEE BENEFIT
The City of Rancho Cucamonga is providing a temporary COVID-19 vaccine incentive program
for part-time employees.
COVID-19 Vaccine Incentive Program
In order to maintain a safe and healthy workplace, the City of Rancho Cucamonga (City) wants to
encourage employees to be “fully vaccinated” for COVID-19 in order to contain and mitigate the
spread of COVID-19 within the workplace and the community. For those reasons, the City is
desirous of implementing a COVID-19 Vaccine Incentive Program for all City employees.
This program would be in place until November 30, 2021. Any current employee who is “fully
vaccinated” and has provided “proof” would be eligible for the following incentives.
Incentive:
Part-Time Employees Eligible part time employees would receive 10 hours of floating holiday
time which they can use on November 25, 2021 or December 25, 2021.
Departments would work with their part-time employees and add 10 hours
of floating holiday time onto their timecards for one of those two dates.
The City recognizes that employees with qualifying disabilities under the Americans with
Disabilities Act (ADA) and employees with sincerely held religious beliefs under Title VII of the
Civil Rights Act of 1964 (Title VII) may request medical or religious accommodations in order to
be considered eligible for this program. Qualifying employees are entitled to a reasonable
accommodation process. The City has found that a reasonable accommodation for those that
qualify for an accommodation is a weekly “COVID-19 test” at an “approved testing location”
during working hours during the eligibility period of the program (adoption to November 30,
2021). This provides an alternate way to maintain a safe and healthy workplace.
Employees requesting any statutory exemption from the eligibility requirements of this program
may be required to provide supporting documentation, certification, or other evidence or
information permissible by law. Requests for accommodation must be made within fourteen (14)
calendar days of adoption of this policy. Each request will be considered under the applicable
statutes, including the ADA and Title VII, but employees should understand that the City is not
legally required to, provide accommodations to all employees who make such a request.
Definitions:
“fully vaccinated” The employer has documented that the person received, at least 14 days
prior, either the second dose in a two-dose COVID-19 vaccine series or a single dose COVID-
19 vaccine. Vaccines must be FDA approved; or have an emergency use authorization from
the FDA.
ATTACHMENT 6
Page 142
2
“Proof” means valid documentation of the person’s COVID-19 vaccination record, which may
be their vaccine card or a copy or a digital version thereof, as provided by their health care
provider, the State Department of Public Health or another state or federal agency has been
shared with the City HR Department. HR will review the proof but keep no copies. A
confidential spreadsheet of those that are fully vaccinated will be maintained by the City
“COVID-19 test” means a polymerase chain reaction (PCR) test for SARS-CoV-2 that is both:
(1) Approved by the United States Food and Drug Administration (FDA) or has an Emergency
Use Authorization from the FDA to diagnose current infection with the SARS-CoV-2 virus;
and (2) Administered in accordance with the FDA approval or the FDA Emergency Use
Authorization as applicable.
Acceptable documentation of a COVID-19 test would be an electronic copy of the results as
provided to the employee from an approved testing site. HR will review the documentation but
keep no copies. A confidential spreadsheet of the weekly testing results will be maintained by
the City.
“approved testing locations” means any San Bernardino County run COVID-19 testing
location or any testing location provided by an employee’s City offered Health Plan Care
Provider. Employees must coordinate with their supervisor on testing times.
The forms for requesting a medical or religious exemption are available from Human Resources.
If an accommodation request is denied, employees will have seven calendar days to request in
writing (email is acceptable) a reconsideration from the Deputy City Manager, Lori Sassoon
(lori.sassoon@cityofrc.us). The Deputy City Manager’s determination is final.
Page 143
DATE:September 15, 2021
TO:President and Members of the Board of Directors
FROM:John R. Gillison, City Manager
INITIATED BY:Robert Neiuber, Human Resources Director
Lucy Alvarez-Nunez, Management Analyst I
SUBJECT:Consideration to Adopt a Resolution Approving a Side Letter Agreement
Between the Rancho Cucamonga Fire Protection District and Fire District
Bargaining Units, Including a Part-Time Employee Benefit Update.
(RESOLUTION NO. FD 2021-028). (FIRE)
RECOMMENDATION:
Staff recommends the Fire Board adopt a resolution approving a side letter agreement between
the Rancho Cucamonga Fire Protection District and Fire District Bargaining Units, including a
part-time employee benefit update.
BACKGROUND:
According to the CDC, COVID-19 vaccines are safe and effective at preventing COVID-19
including severe illness and death. In addition, COVID-19 vaccines are effective against severe
disease and death from variants of the virus that cause COVID-19. Currently these variants,
including the Delta variant, are circulating in the United States. Infections happen in only a small
proportion of people who are fully vaccinated, even with the Delta variant, and when these
infections occur among vaccinated people, they tend to be mild.
Under federal law, an employer may offer an incentive to employees to voluntarily provide
documentation or other confirmation of a COVID-19 vaccination.
Under Cal/OSHA regulations, employees that are fully vaccinated can continue to work if exposed
to COVID-19 as long as they have no symptoms, and under CDC guidelines people who travel
out of the country or state do not need to quarantine for seven to ten days after travel. Since the
beginning of the COVID-19 pandemic, services to the public have been adversely impacted when
staff is out ill with COVID and/or required to quarantine away from the workplace as a result of
exposure.
ANALYSIS:
Fully vaccinated employees help the Rancho Cucamonga Fire Protection District (District)
maintain staffing levels and provide continuity of public services to the community.
In order to maintain a safe and healthy workplace, the District wants to encourage employees to
be fully vaccinated for COVID-19 to contain and mitigate the spread of COVID-19 within the
workplace and the community. For those reasons, the District is desirous of implementing a
COVID-19 Vaccine Incentive Program for all District employees. The full program and
requirements are outlined in the attached side letter agreements and part-time employee benefit
update.
Page 144
Page 2
9
6
2
In summary, this program would be effective immediately and would be in place until
November 30, 2021. Any current employee who is fully vaccinated (as defined by the side letter)
and has provided proof of being fully vaccinated would be eligible for the following incentive:
Full-Time Employees - Eligible full-time shift personnel would receive 24 hours of floating
holiday time and eligible full-time 40-hour personnel would receive 20 hours of floating
holiday time that must be used prior to June 30, 2022, in accordance with their existing
MOU’s.
Part-Time Employees - Eligible part time employees would receive 10 hours of floating
holiday time which they can use on November 25, 2021 or December 25, 2021.
Staff recommends the Fire Board adopt the attached resolution approving the side letter
agreements and a part-time employee benefit update.
FISCAL IMPACT:
For fiscal year 2021/22, the District could incur a cost associated with the vaccine incentive
program of up to $123,000 for full-time employees and $1,100 for part-time employees. The
District would adjust its budget to reflect this change at mid-year.
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
This item addresses the Council’s core values of promoting and enhancing a safe and healthy
community for all and working together cooperatively and respectfully with each other, staff, and
all stakeholders.
ATTACHMENTS:
Attachment 1 – Resolution No. FD 2021-028
Attachment 2 – Fire Management Employee Group Side Letter Agreement
Attachment 3 – Fire Union Side Letter Agreement
Attachment 4 – Fire Support Services Association Side Letter Agreement
Attachment 5 – Part Time Employee Benefit Update
Page 145
ATTACHMENT 1
1
6
9
0
RESOLUTION NO. 2021-XXX
RESOLUTION OF THE FIRE BOARD OF THE RANCHO
CUCAMONGA FIRE PROTECTION DISTRICT APPROVING SIDE
LETTER AGREEMENTS BETWEEN THE RANCHO CUCAMONGA
PROTECTION DISTRICT AND FIRE DISTRICT BARGAINING
UNITS, INCLUDING A PART-TIME EMPLOYEE BENEFIT
UPDATE.
WHEREAS, representatives of the Rancho Cucamonga Fire Protection District (District)
and Fire District’s Bargaining Unit representatives have met and conferred pursuant to the
provisions of the Meyers-Milias-Brown Act (California Government Code §3500, et seq.) with
regard to terms and conditions of employment; and
WHEREAS, representatives of the District and Fire District’s Bargaining Unit
representatives have agreed upon and presented to this Fire Board a Side Letter Agreement (see
attached Side Letter Agreements) and a Part-Time Employee Benefit Update, effective
September 15, 2021 until November 30, 2021; and
NOW, THEREFORE, THE FIRE BOARD OF THE RANCHO CUCAMONGA FIRE
PROTECTION DISTRICT HEREBY RESOLVES that said Side Letter Agreements with all Fire
District’s Bargaining Units and Part-Time Employee Benefit Update are hereby approved and the
City Manager is hereby authorized to sign said Side Letter Agreements on behalf of the Rancho
Cucamonga Fire Protection District, and the City Clerk to attest thereto.
PASSED, APROVED AND ADOPTED this 15th day of September 2021.
Page 146
ATTACHMENT 2
SIDE LETTER OF AGREEMENT
BETWEEN THE CITY OF RANCHO CUCAMONGA
AND THE FIRE MANAGEMENT EMPLOYEES GROUP
The Rancho Cucamonga Fire Protection District ("District") and the Fire Management Employees
Group (collectively, the "Parties") entered into a Memorandum of Understanding ("MOU") that
commenced on July 1, 2019 and expires on June 30, 2023.
The Parties met and conferred in good faith in August and September of 2021. The Parties agreed
to a temporary COVID-19 vaccine incentive program.
COVID-19 Vaccine Incentive Program
In order to maintain a safe and healthy workplace, the Rancho Cucamonga Fire Protection District
(District) wants to encourage employees to be “fully vaccinated” for COVID-19 in order to contain
and mitigate the spread of COVID-19 within the workplace and the community. For those reasons,
the District is desirous of implementing a COVID-19 Vaccine Incentive Program for all District
employees.
This program would be in place until November 30, 2021. Any current employee who is “fully
vaccinated” and has provided “proof” would be eligible for the following incentives.
Incentive:
Full-Time Employees: Eligible full-time shift personnel would receive 24 hours of floating
holiday time and eligible full-time 40-hour personnel would receive 20
hours of floating holiday time that must be used prior to June 30, 2022, in
accordance with their existing MOU’s. These days may be taken by an
employee at his or her convenience, subject to approval of the supervisor.
The District recognizes that employees with qualifying disabilities under the Americans with
Disabilities Act (ADA) and employees with sincerely held religious beliefs under Title VII of the
Civil Rights Act of 1964 (Title VII) may request medical or religious accommodations in order to
be considered eligible for this program. Qualifying employees are entitled to a reasonable
accommodation process. The District has found that a reasonable accommodation for those that
qualify for an accommodation is a weekly “COVID-19 test” at an “approved testing location”
during working hours during the eligibility period of the program (adoption to November 30,
2021). This provides an alternate way to maintain a safe and healthy workplace.
Employees requesting any statutory exemption from the eligibility requirements of this program
may be required to provide supporting documentation, certification, or other evidence or
information permissible by law. Requests for accommodation must be made within fourteen (14)
calendar days of adoption of this policy. Each request will be considered under the applicable
statutes, including the ADA and Title VII, but employees should understand that the District is not
legally required to, provide accommodations to all employees who make such a request.
Definitions:
“fully vaccinated” The employer has documented that the person received, at least 14 days
prior, either the second dose in a two-dose COVID-19 vaccine series or a single dose COVID-
Page 147
ATTACHMENT 2
19 vaccine. Vaccines must be FDA approved; or have an emergency use authorization from
the FDA.
“Proof” means valid documentation of the person’s COVID-19 vaccination record, which may
be their vaccine card or a copy or a digital version thereof, as provided by their health care
provider, the State Department of Public Health or another state or federal agency has been
shared with the City HR Department. HR will review the proof but keep no copies. A
confidential spreadsheet of those that are fully vaccinated will be maintained by the City
“COVID-19 test” means a polymerase chain reaction (PCR) test for SARS-CoV-2 that is both:
(1) Approved by the United States Food and Drug Administration (FDA) or has an Emergency
Use Authorization from the FDA to diagnose current infection with the SARS-CoV-2 virus;
and (2) Administered in accordance with the FDA approval or the FDA Emergency Use
Authorization as applicable.
Acceptable documentation of a COVID-19 test would be an electronic copy of the results as
provided to the employee from an approved testing site. HR will review the documentation but
keep no copies. A confidential spreadsheet of the weekly testing results will be maintained by
the City.
“approved testing locations” means the District’s approved COVID-19 tester, any San
Bernardino County run COVID-19 testing location, or any testing location provided by an
employee’s District offered Health Plan Care Provider. Employees must coordinate with their
supervisor on testing times.
The forms for requesting a medical or religious exemption are available from Human Resources.
If an accommodation request is denied, employees will have seven calendar days to request in
writing (email is acceptable) a reconsideration from the Deputy City Manager, Lori Sassoon
(lori.sassoon@cityofrc.us). The Deputy City Manager’s determination is final.
This Side Letter of Agreement shall be incorporated into the MOU. The MOU shall remain in full
force and effect except to the extent modified by this Side Letter of Agreement. This Side Letter
of Agreement shall not be effective until ratified by the District Board and approved by the Fire
Management Employees Group.
For the Fire Protection District For the Fire Management Employees Group
___________________________________ ___________________________________
John Gillison Mike McCliman, President
City Manager Fire Management Employees Group
Page 148
ATTACHMENT 3
SIDE LETTER OF AGREEMENT
BETWEEN THE CITY OF RANCHO CUCAMONGA
AND THE FIRE UNION LOCAL 2274
The Rancho Cucamonga Fire Protection District ("District") and the Fire Union Local 2274
(collectively, the "Parties") entered into a Memorandum of Understanding ("MOU") that
commenced on July 1, 2019 and expires on June 30, 2023.
The Parties met and conferred in good faith in August and September of 2021. The Parties agreed
to a temporary COVID-19 vaccine incentive program.
COVID-19 Vaccine Incentive Program
In order to maintain a safe and healthy workplace, the Rancho Cucamonga Fire Protection District
(District) wants to encourage employees to be “fully vaccinated” for COVID-19 in order to contain
and mitigate the spread of COVID-19 within the workplace and the community. For those reasons,
the District is desirous of implementing a COVID-19 Vaccine Incentive Program for all District
employees.
This program would be in place until November 30, 2021. Any current employee who is “fully
vaccinated” and has provided “proof” would be eligible for the following incentives.
Incentive:
Full-Time Employees: Eligible full-time shift personnel would receive 24 hours of floating
holiday time and eligible full-time 40-hour personnel would receive 20
hours of floating holiday time that must be used prior to June 30, 2022, in
accordance with their existing MOU’s. These days may be taken by an
employee at his or her convenience, subject to approval of the supervisor.
The District recognizes that employees with qualifying disabilities under the Americans with
Disabilities Act (ADA) and employees with sincerely held religious beliefs under Title VII of the
Civil Rights Act of 1964 (Title VII) may request medical or religious accommodations in order to
be considered eligible for this program. Qualifying employees are entitled to a reasonable
accommodation process. The District has found that a reasonable accommodation for those that
qualify for an accommodation is a weekly “COVID-19 test” at an “approved testing location”
during working hours during the eligibility period of the program (adoption to November 30,
2021). This provides an alternate way to maintain a safe and healthy workplace.
Employees requesting any statutory exemption from the eligibility requirements of this program
may be required to provide supporting documentation, certification, or other evidence or
information permissible by law. Requests for accommodation must be made within fourteen (14)
calendar days of adoption of this policy. Each request will be considered under the applicable
statutes, including the ADA and Title VII, but employees should understand that the District is not
legally required to, provide accommodations to all employees who make such a request.
Definitions:
Page 149
ATTACHMENT 3
“fully vaccinated” The employer has documented that the person received, at least 14 days
prior, either the second dose in a two-dose COVID-19 vaccine series or a single dose COVID-
19 vaccine. Vaccines must be FDA approved; or have an emergency use authorization from
the FDA.
“Proof” means valid documentation of the person’s COVID-19 vaccination record, which may
be their vaccine card or a copy or a digital version thereof, as provided by their health care
provider, the State Department of Public Health or another state or federal agency has been
shared with the City HR Department. HR will review the proof but keep no copies. A
confidential spreadsheet of those that are fully vaccinated will be maintained by the City
“COVID-19 test” means a polymerase chain reaction (PCR) test for SARS-CoV-2 that is both:
(1) Approved by the United States Food and Drug Administration (FDA) or has an Emergency
Use Authorization from the FDA to diagnose current infection with the SARS-CoV-2 virus;
and (2) Administered in accordance with the FDA approval or the FDA Emergency Use
Authorization as applicable.
Acceptable documentation of a COVID-19 test would be an electronic copy of the results as
provided to the employee from an approved testing site. HR will review the documentation but
keep no copies. A confidential spreadsheet of the weekly testing results will be maintained by
the City.
“approved testing locations” means the District’s approved COVID-19 tester, any San
Bernardino County run COVID-19 testing location, or any testing location provided by an
employee’s District offered Health Plan Care Provider. Employees must coordinate with their
supervisor on testing times.
The forms for requesting a medical or religious exemption are available from Human Resources.
If an accommodation request is denied, employees will have seven calendar days to request in
writing (email is acceptable) a reconsideration from the Deputy City Manager, Lori Sassoon
(lori.sassoon@cityofrc.us). The Deputy City Manager’s determination is final.
This Side Letter of Agreement shall be incorporated into the MOU. The MOU shall remain in full
force and effect except to the extent modified by this Side Letter of Agreement. This Side Letter
of Agreement shall not be effective until ratified by the District Board and approved by the Fire
Union Local 2274.
For the Fire Protection District For the Fire Union Local 2274
___________________________________ ___________________________________
John Gillison Chad Comeau, President
City Manager Fire Union Local 2274
Page 150
ATTACHMENT 4
SIDE LETTER OF AGREEMENT
BETWEEN THE CITY OF RANCHO CUCAMONGA
AND THE FIRE SUPPORT SERVICES ASSOCIATION
The Rancho Cucamonga Fire Protection District ("District") and the Fire Support Services
Association (collectively, the "Parties") entered into a Memorandum of Understanding ("MOU")
that commenced on July 1, 2021 and expires on June 30, 2025.
The Parties met and conferred in good faith in August and September of 2021. The Parties agreed
to a temporary COVID-19 vaccine incentive program.
COVID-19 Vaccine Incentive Program
In order to maintain a safe and healthy workplace, the Rancho Cucamonga Fire Protection District
(District) wants to encourage employees to be “fully vaccinated” for COVID-19 in order to contain
and mitigate the spread of COVID-19 within the workplace and the community. For those reasons,
the District is desirous of implementing a COVID-19 Vaccine Incentive Program for all District
employees.
This program would be in place until November 30, 2021. Any current employee who is “fully
vaccinated” and has provided “proof” would be eligible for the following incentives.
Incentive:
Full-Time Employees: Eligible full-time shift personnel would receive 24 hours of floating
holiday time and eligible full-time 40-hour personnel would receive 20
hours of floating holiday time that must be used prior to June 30, 2022, in
accordance with their existing MOU’s. These days may be taken by an
employee at his or her convenience, subject to approval of the supervisor.
The District recognizes that employees with qualifying disabilities under the Americans with
Disabilities Act (ADA) and employees with sincerely held religious beliefs under Title VII of the
Civil Rights Act of 1964 (Title VII) may request medical or religious accommodations in order to
be considered eligible for this program. Qualifying employees are entitled to a reasonable
accommodation process. The District has found that a reasonable accommodation for those that
qualify for an accommodation is a weekly “COVID-19 test” at an “approved testing location”
during working hours during the eligibility period of the program (adoption to November 30,
2021). This provides an alternate way to maintain a safe and healthy workplace.
Employees requesting any statutory exemption from the eligibility requirements of this program
may be required to provide supporting documentation, certification, or other evidence or
information permissible by law. Requests for accommodation must be made within fourteen (14)
calendar days of adoption of this policy. Each request will be considered under the applicable
statutes, including the ADA and Title VII, but employees should understand that the District is not
legally required to, provide accommodations to all employees who make such a request.
Definitions:
Page 151
ATTACHMENT 4
“fully vaccinated” The employer has documented that the person received, at least 14 days
prior, either the second dose in a two-dose COVID-19 vaccine series or a single dose COVID-
19 vaccine. Vaccines must be FDA approved; or have an emergency use authorization from
the FDA.
“Proof” means valid documentation of the person’s COVID-19 vaccination record, which may
be their vaccine card or a copy or a digital version thereof, as provided by their health care
provider, the State Department of Public Health or another state or federal agency has been
shared with the City HR Department. HR will review the proof but keep no copies. A
confidential spreadsheet of those that are fully vaccinated will be maintained by the City
“COVID-19 test” means a polymerase chain reaction (PCR) test for SARS-CoV-2 that is both:
(1) Approved by the United States Food and Drug Administration (FDA) or has an Emergency
Use Authorization from the FDA to diagnose current infection with the SARS-CoV-2 virus;
and (2) Administered in accordance with the FDA approval or the FDA Emergency Use
Authorization as applicable.
Acceptable documentation of a COVID-19 test would be an electronic copy of the results as
provided to the employee from an approved testing site. HR will review the documentation but
keep no copies. A confidential spreadsheet of the weekly testing results will be maintained by
the City.
“approved testing locations” means the District’s approved COVID-19 tester, any San
Bernardino County run COVID-19 testing location, or any testing location provided by an
employee’s District offered Health Plan Care Provider. Employees must coordinate with their
supervisor on testing times.
The forms for requesting a medical or religious exemption are available from Human Resources.
If an accommodation request is denied, employees will have seven calendar days to request in
writing (email is acceptable) a reconsideration from the Deputy City Manager, Lori Sassoon
(lori.sassoon@cityofrc.us). The Deputy City Manager’s determination is final.
This Side Letter of Agreement shall be incorporated into the MOU. The MOU shall remain in full
force and effect except to the extent modified by this Side Letter of Agreement. This Side Letter
of Agreement shall not be effective until ratified by the District Board and approved by the Fire
Support Services Association.
For the Fire Protection District For the Fire Services Support Association
___________________________________ ___________________________________
John Gillison Shane Adams, President
City Manager Fire Services Support Association
Page 152
ATTACHMENT 5
NEW PART-TIME EMPLOYEE BENEFIT
The Rancho Cucamonga Fire Protection District is providing a temporary COVID-19 vaccine
incentive program for part-time employees.
COVID-19 Vaccine Incentive Program
In order to maintain a safe and healthy workplace, the Rancho Cucamonga Fire Protection District
(District) wants to encourage employees to be “fully vaccinated” for COVID-19 in order to contain
and mitigate the spread of COVID-19 within the workplace and the community. For those reasons,
the District is desirous of implementing a COVID-19 Vaccine Incentive Program for all District
employees.
This program would be in place until November 30, 2021. Any current employee who is “fully
vaccinated” and has provided “proof” would be eligible for the following incentives.
Incentive:
Part-Time Employees Eligible part time employees would receive 10 hours of floating holiday
time which they can use on November 25, 2021 or December 25, 2021.
Departments would work with their part-time employees and add 10 hours
of floating holiday time onto their timecards for one of those two dates.
The District recognizes that employees with qualifying disabilities under the Americans with
Disabilities Act (ADA) and employees with sincerely held religious beliefs under Title VII of the
Civil Rights Act of 1964 (Title VII) may request medical or religious accommodations in order to
be considered eligible for this program. Qualifying employees are entitled to a reasonable
accommodation process. The District has found that a reasonable accommodation for those that
qualify for an accommodation is a weekly “COVID-19 test” at an “approved testing location”
during working hours during the eligibility period of the program (adoption to November 30,
2021). This provides an alternate way to maintain a safe and healthy workplace.
Employees requesting any statutory exemption from the eligibility requirements of this program
may be required to provide supporting documentation, certification, or other evidence or
information permissible by law. Requests for accommodation must be made within fourteen (14)
calendar days of adoption of this policy. Each request will be considered under the applicable
statutes, including the ADA and Title VII, but employees should understand that the District is not
legally required to, provide accommodations to all employees who make such a request.
Definitions:
“fully vaccinated” The employer has documented that the person received, at least 14 days
prior, either the second dose in a two-dose COVID-19 vaccine series or a single dose COVID-
19 vaccine. Vaccines must be FDA approved; or have an emergency use authorization from
the FDA.
Page 153
ATTACHMENT 5
“Proof” means valid documentation of the person’s COVID-19 vaccination record, which may
be their vaccine card or a copy or a digital version thereof, as provided by their health care
provider, the State Department of Public Health or another state or federal agency has been
shared with the City HR Department. HR will review the proof but keep no copies. A
confidential spreadsheet of those that are fully vaccinated will be maintained by the City
“COVID-19 test” means a polymerase chain reaction (PCR) test for SARS-CoV-2 that is both:
(1) Approved by the United States Food and Drug Administration (FDA) or has an Emergency
Use Authorization from the FDA to diagnose current infection with the SARS-CoV-2 virus;
and (2) Administered in accordance with the FDA approval or the FDA Emergency Use
Authorization as applicable.
Acceptable documentation of a COVID-19 test would be an electronic copy of the results as
provided to the employee from an approved testing site. HR will review the documentation but
keep no copies. A confidential spreadsheet of the weekly testing results will be maintained by
the City.
“approved testing locations” means the District’s approved COVID-19 tester, any San
Bernardino County run COVID-19 testing location, or any testing location provided by an
employee’s District offered Health Plan Care Provider. Employees must coordinate with their
supervisor on testing times.
The forms for requesting a medical or religious exemption are available from Human Resources.
If an accommodation request is denied, employees will have seven calendar days to request in
writing (email is acceptable) a reconsideration from the Deputy City Manager, Lori Sassoon
(lori.sassoon@cityofrc.us). The Deputy City Manager’s determination is final.
Page 154
DATE:September 15, 2021
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY:Lori Sassoon, Deputy City Manager/Administrative Services
SUBJECT:Consideration of an Amendment to the Agreement for Professional
Services with SMG-Rancho Cucamonga Premier Food Services LLC for
Comprehensive Event and Meeting Sales, Management, Catering, and
Concession Services for Certain Spaces at the Victoria Gardens Cultural
Center and Lewis Family Playhouse. (CITY)
RECOMMENDATION:
Staff recommends that the City Council approve the amendment based on the terms outlined in
this staff report, and authorize the City Manager to work with the City Attorney to finalize and
execute the agreement.
BACKGROUND:
On May 20, 2019, the City Council authorized a five (5) year agreement with SMG-Rancho
Cucamonga Premier Food Services LLC for catering and concession services at the Victoria
Gardens Cultural Center, Lewis Family Playhouse, and bar service at the Paul A. Biane
Library. Under that agreement, SMG provided catering services for the various events booked at
these sites and providing a share of gross receipts back to the City and the Community
Foundation. These sites are booked and managed for meetings and other events by City staff.
In March of 2020, Cultural Center and Lewis Family Playhouse were forced to close as a result
of the COVID-19 pandemic. Staffing levels were reduced, and spaces have gone largely unused
since that time, except for City meetings and other city business. Use was first limited as a result
of the State and County health orders, and then more recently due to a variety of factors including
reduced demand, staffing levels, concerns about future COVID “spikes”, and just general
uncertainty in the marketplace for events and shows.
While unexpected, this interim time and forced “pause” in operations has provided the Community
Services Department (CSD) with an opportunity to comprehensively study operations at the
Cultural Center and think strategically about the future of how best to deliver services. The City’s
consultant team has surveyed the community, gathered data regarding market demand various
types of programs, and is analyzing where the opportunities and challenges are as the facility
moves forward into its next decade of operations. That work is ongoing and expected to conclude
in the coming months, resulting in a strategic plan for the future.
ANALYSIS:
SMG-Rancho Cucamonga Premier Food Services is an LLC held by AMG, the same entity that
manages the Ontario Convention Center, the Toyota Arena, and the Greater Ontario Tourism and
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Marketing District (GOTMD). The City is a partner in the GOTMD, which is tasked with marketing
the area to visitors with the goal of increasing hotel stays and economic activity. The City has
been a partner with the GOTMD since its formation in 2012.
Recently, SMG-Premier expressed interest in an opportunity to manage the meeting room spaces
at the Cultural Center on an interim basis. SMG-Premier has a sales team that is selling the
Convention Center and Arena spaces, and is well-equipped to also market the meeting and event
spaces at the Cultural Center. They have indicated that they have demand for smaller meeting
room spaces in the area like the meeting spaces available in the Cultural Center.
Staff is recommending approval of a one year comprehensive management agreement for the
Celebration Hall, Imagination Courtyard, Black Box Theater, and MainStreet lobby spaces. The
Lewis Family Playhouse would not be included in these comprehensive management services,
but SMG-Premier would continue to be the exclusive caterer/concessionaire for theater events
that are programmed by the City.
Key terms of the one-year agreement are as follows:
Minimum payment to the City of $20,000 per month, or 25% of all gross receipts from
room rentals, catering, etc., whichever is more
One year term; at the end of the year, the agreement reverts back to the
catering/concession agreement
SMG-Premier will provide all staffing, food, beverages and supplies for its spaces,
including custodial services associated with its use; City to continue maintenance and
repairs of the facility
City to retain the right for City events in the spaces, at no cost to the City
City and SMG-Premier agree to coordinate bookings and calendars for their respective
spaces
During this agreement period, CSD staff from the Cultural Center will continue in their current
roles in the Department, working on those future plans and planning for the next Playhouse
season, slated to begin in late 2022.
It is recommended that the proceeds from this agreement be appropriated into the CSD budget
to provide additional community programming. With the budget reductions that resulted from the
COVID-related decline in revenues, there is a need to enhance programming to meet community
needs. This additional revenue source will provide that opportunity.
As of this writing, the amendment is drafted and pending approval by SMG-Premier. Staff
recommends that the City Council approve the amendment based on the terms outlined in this
staff report, and authorize the City Manager to work with the City Attorney to finalize and execute
the agreement, as long as it substantially conforms to the terms noted in this report. The draft
amendment to the agreement is on file for review in the City Clerk’s Office.
FISCAL IMPACT:
As noted above, approval of this agreement is expected to provide at least $240,000 in new
revenue to the City, that will be reinvested in community recreation and cultural programming.
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COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
Approval of this agreement is in keeping with the Council’s value of providing and nurturing a high
quality of life for all, by making the City’s facilities available for events, and generating new
revenue to the City for enhanced community programming.
ATTACHMENTS:
None
Page 157
Consideration of
Amended Agreement with
SMG-Premier
Background
•Five-year exclusive concession agreement with SMG-
Premier approved May 2019
•Catering and concessions at VGCC, Lewis Family Playhouse;
bar service at Biane Library
•A percentage of gross receipts from catering shared back to
the City
Challenges
•March 2020 forced closure of the Cultural Center and Lewis
Family Playhouse
–Reduced staff
–Spaces largely unused because of health orders, then other
uncertainty in the market
•Visioning and Strategic Planning in progress for all of CSD, and
VGCC, during this “pause” in operations
Proposed Agreement
•SMG-Premier would provide comprehensive management
of the meeting room spaces at VGCC
–International company specializing in venue operations (ASM
Global, formerly SMG and AEG)
–Currently provides services at Ontario Arena and the
Convention Center
–Existing sales team in place has demand for smaller meeting
and event spaces
Key Terms
•One year agreement
•Comprehensive management services for Celebration Hall,
Imagination Courtyard, Black Box Theater, and MainStreet Lobby
(not the Playhouse)
•Services include all sales, staffing, food, beverage, supplies, and
custodial services
•Payment to the City of $20,000 per month, or 25% of all gross
receipts, whichever is more
•City to retain rights to use spaces for City events, at no cost
•SMG-Premier retains exclusive right to concessions for Theater
events, under the same terms as the prior agreement
Fiscal Impact
•New revenue of at least $240,000 for the agreement term
•Recommend that funds be allocated to Community Services
for additional community programming
–Details TBD
Other Considerations
•SMG-Premier requested an extension of the original
concession agreement, in light of COVID closure
•Staff recommends the requested extension -to be brought
back to City Council for approval near the expiration of this
amendment (mid-2022)
Recommendation
Approve the amendment and authorize the City Manager to
execute the amendment, working with the City Attorney to
finalize the document as long as it substantially conforms to
the terms noted in the staff report.
DATE:September 15, 2021
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY:Shelly Munson, Deputy Director of Innovation and Technology
SUBJECT:Consideration to Approve Amendment No. 001 to Contract No. 18-121
with KWall, LLC. for Additional Website Development. (CITY)
RECOMMENDATION:
Staff recommends that the City Council approve Amendment No. 001 to Contract No.18-121 with
KWall, LLC increasing the total spending authority by $60,000, from $250,000 to $310,000 over
the life of the 5-year agreement ending in 2023.
BACKGROUND:
The City’s website has become a central platform to provide information and access to services
for our community and the region. Rancho Cucamonga’s home website, www.cityofrc.us, had
over 2.4 million page views in 2020 with over 720,000 unique users. Our website provides digital
access to several City services, including development, recreation, learning, open government,
and pet adoption, improving efficiency and providing improved access to in-person resources for
those who need or prefer personal assistance. The Department of Innovation and Technology
manages the City’s public facing websites, overseeing development, support, patching and
updates to ensure availability, performance and security of our City’s online presence.
In 2018 Council approved re-building the public website using Drupal content management and
Acquia hosting services, improving the website’s performance and streamlining content. Council
also approved Contract No. 18-121 with KWall, LLC. to provide development, support and
maintenance services using technical services hours purchased at pre-negotiated hourly rate.
This provides the City with the ability to make incremental improvements and critical updates to
the City’s public website while controlling costs.
ANALYSIS:
At the time the existing Contract No. 18-121 was enacted we estimated the number of support
hours needed per year based on minimal improvements or security updates over the life of the
agreement. An unforeseen outcome of the global pandemic was a sharp rise in cybersecurity
threats and attacks specifically on local governments, requiring increased security updates and
web development services from KWall, LLC. Additionally, in September 2021 DoIT was made
aware of the planned end-of-support for Drupal 8 effective November 1, 2021. Like many software
applications, Drupal is released in versions to manage the functionality and security of websites
using the platform. Upon reaching end-of-support Drupal version 8 will no longer receive patching
and updates, requiring an update to Version 9 to remain secure and ensure continued support
and performance. The project to move our website from Drupal version 8 to 9 is quoted at
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7
approximately 40 technical service hours, which will deplete our current service hour bank through
October 2023.
Based on our rate of consumption since 2018, DoIT staff believes that 400 additional hours will
be sufficient to cover all future development, service and security update costs through the end
of the agreement in 2023. Purchasing these hours at the current firm-fixed rate shields the City
from additional wage inflation costs and ensures we have on-demand resources for exigent
responses should they occur.
Copies of Contract No. 18-121 and Amendment No. 001 are on file with the City Clerk’s Office.
FISCAL IMPACT:
DoIT will utilize existing funds in Account No. 1001209-5300 (Professional Services) from
anticipated savings on other projects and will evaluate the overall fiscal impact as part of the mid-
year budget process.
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
This item addresses the City Council’s Core Value of enhancing premier community status by
ensuring a secure and operational City website as a communication and information portal for the
community.
ATTACHMENTS:
None
Page 159
DATE:September 15, 2021
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY:Anne McIntosh, AICP, Planning Director
Jennifer Nakamura, Management Analyst II
SUBJECT:Consideration of Second Reading and Adoption of the Following:
Ordinance No. 983
An Ordinance of the City Council of the City of Rancho Cucamonga, California, Adopting
Municipal Code Amendment DRC2021-00281 to Amend Table 17.26.020-1, Section
17.30.030, Table 17.30.030-1, and Section 17.36.030 of the Rancho Cucamonga
Municipal Code to Establish Three New Zoning Districts and Adopt Associated
Development Standards and Permitted Uses for Each New Zoning District, Adopting
Zoning Map Amendment DRC2021-00283 to Rezone Certain Parcels as Set Forth Herein,
Adopting an Addendum to the General Plan Program Environmental Impact Report
Pursuant to the California Environmental Quality Act, and Making Findings in Support
Thereof
Ordinance No. 984
An Ordinance of the City Council of the City of Rancho Cucamonga, California, Approving
Planned Community Amendment DRC2021-00284 to Amend the Terra Vista Planned
Community to Rezone 13 Parcels to the New Urban Corridor Zoning District, Adopting an
Addendum to the General Plan Program Environmental Impact Report Pursuant to the
California Environmental Quality Act, and Making Findings in Support Thereof
Ordinance No. 985
An Ordinance of the City Council of the City of Rancho Cucamonga, California, Adopting
Planned Community Amendment DRC2021-00285 to Amend the Victoria Planned
Community to Rezone Six Parcels Within the Specific Plan to the New Urban Center
Zoning District, Adopting an Addendum to the General Plan Program Environmental
Impact Report Pursuant to the California Environmental Quality Act, and Making Findings
in Support Thereof
RECOMMENDATION:
Staff recommends that the City Council waive full reading and adopt Ordinances 983, 984 and
985.
BACKGROUND:
The introduction and first reading of the above-entitled Ordinances was conducted at the Regular
City Council Meeting of September 1, 2021. Votes at first reading: AYES: Kennedy, Hutchison,
Scott, Michael. ABSENT: Spagnolo.
ANALYSIS:
Please refer to the September 1, 2021 City Council Staff Report.
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8
FISCAL IMPACT:
Please refer to the September 1, 2021 City Council Staff Report.
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
Please refer to the September 1, 2021 City Council Staff Report.
ATTACHMENTS:
Attachment 1 – Ordinance No. 983
Attachment 2 – Ordinance No. 984
Attachment 3 – Ordinance No. 985
Page 161
ORDINANCE NO. 983
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ADOPTING MUNICIPAL
CODE AMENDMENT DRC2021-00281 TO AMEND TABLE
17.26.020-1, SECTION 17.30.030, TABLE 17.30.030-1, and
SECTION 17.36.030 OF THE RANCHO CUCAMONGA MUNICIPAL
CODE TO ESTABLISH THREE NEW ZONING DISTRICTS AND
ADOPT ASSOCIATED DEVELOPMENT STANDARDS AND
PERMITTED USES FOR EACH NEW ZONING DISTRICT,
ADOPTING ZONING MAP AMENDMENT DRC2021-00283 TO
REZONE CERTAIN PARCELS AS SET FORTH HEREIN,
ADOPTING AN ADDENDUM TO THE GENERAL PLAN PROGRAM
ENVIRONMENTAL IMPACT REPORT PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND MAKING
FINDINGS IN SUPPORT THEREOF
A.Recitals.
1.The City of Rancho Cucamonga is required by law to update the Housing Element of
its General Plan for the planning period of October 2021 through October 2029. In connection with
that requirement, the City is currently in the process of updating its Housing Element as part of the
PlanRC General Plan process. The City is on track to adopt the new General Plan, including the
Housing Element, in accordance with the deadlines set forth in State law.
2. Current housing law states that if a city cannot show that it has the capacity to
accommodate the Regional Housing Needs Assessment (RHNA) based on its existing planning and
zoning framework as of October 15, 2021, the city is considered to have a “shortfall” in capacity. If
a city has a shortfall, the city then must include a program in its housing element to rezone specific
sites to show capacity to meet the shortfall based on new zoning standards for specific sites. The
rezoning program for sites used to demonstrate capacity for the very low and low income RHNA
allocations must rezone those sites to create a “by-right” process for developments that include 20
percent of the units for lower income households.
3. The City is proposing to amend its current General Plan, Development Code, Zoning
Map and related special planning documents for selected parcels to ensure that enough sites are
zoned to meet the RHNA requirements as of October 15, 2021 and to avoid the shortfall. The City
has prepared a set of amendments for this purpose, including Municipal Code Amendment
DRC2021-0028 and Zoning Map Amendment DRC2021-00283 as described in the title of this
Ordinance (the “Amendment”).
4. As shown in Exhibit “A”, the Amendment proposes to amend the Rancho
Cucamonga Development Code to establish three new zoning districts, establish development
standards and permitted uses for each new zoning district, and to remove several parcels from
certain overlay districts. The Amendment also proposes amend the City’s Zoning Map to rezone 41
parcels within the City to one of the three new zoning districts.
5. Concurrent with this Amendment, the City has prepared General Plan Amendment
DRC 2021-00281, Planned Community Amendment DRC2021-00284, Specific Plan Amendment
DRC2021-00285, and Master Plan Amendment DRC2021-00286. The collective purpose of these
amendments is to ensure that enough sites within the City are zoned to meet the RHNA
requirements by October 15, 2021 and to avoid any shortfall.
11231-0001\2569110v1.doc Attachment 1Page162
6. On August 11, 2021, the Planning Commission of the City of Rancho Cucamonga
conducted a noticed public hearing on the Amendment and concluded said hearing on that date.
7. On September 1, 2021, the City Council conducted a duly noticed public hearing on
the Amendment, and all interested persons were given an opportunity to present oral and written
evidence regarding the Amendment and the addendum to the General Plan Program Environmental
Impact Report (SCH #2000061027), and concluded said hearing on that date.
8. All legal prerequisites prior to the adoption of this Ordinance have occurred.
B.Ordinance.
NOW, THEREFORE, it is hereby found, determined, and ordained by the City Council of the
City of Rancho Cucamonga as follows:
1.Recitals. 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.
2. Findings. Based upon the substantial evidence presented to the City Council during
the above-referenced public hearing on September 1, 2021, including written and oral staff reports,
together with public testimony, the City Council hereby specifically finds as follows:
a. The Amendment identified herein has been processed, including, but not
limited to, public notice, in the time and manner prescribed by State and local law, including the
California Environmental Quality Act (“CEQA”).
b.Pursuant to the California Environmental Quality Act (“CEQA”) and the City’s
local CEQA Guidelines, an addendum to the General Plan Program Environmental Impact Report
(SCH #2000061027) has been prepared. The addendum concludes that the proposed Amendment
and other amendments intended to create sufficient housing capacity do not result in any new
significant environmental effects or a substantial increase in the severity of previously identified
significant effects beyond what was analyzed in the certified EIR. No new information has become
available and no substantial changes to the circumstances under which implementation of the
General Plan was being undertaken since the certification of the EIR have occurred. The proposed
Amendment would not substantially increase the severity of effects relative to the environmental
topics analyzed in the Certified EIR, nor would the project require new mitigation measures or
alternatives. Based on this evidence and all the evidence in the record, the City Council concurs
with the Planning Commission and Planning Department staff’s determination that the Amendment
will not have a significant effect on the environment and an addendum is the appropriate level of
environmental review under CEQA. The City Council has considered the proposed addendum
attached to the staff report accompanying the Amendment, along with the General Plan Program
Final EIR, and hereby adopts the addendum.
c.The Amendment is consistent with the direction, goals, policies, and
implementation programs of the adopted General Plan, including without limitation, the Land Use
Element thereof (as amended), and will provide for development in a manner consistent with the
General Plan.
d.Subject to the approval of the related amendments (General Plan
Amendment DRC 2021-00281, Planned Community Amendment DRC2021-00284, Specific Plan
Amendment DRC2021-00285, and Master Plan Amendment DRC2021-00286), the Amendment
does not conflict with the policies and provisions of the proposed General Plan, Planned
Community, Specific Plan, and Master Plan amendments identified herein.
Page 163
e. The City Council finds that the Amendment serves the important purpose of
providing sufficient opportunities for housing development within the City to meet demand at all
income levels in accordance with its assigned RHNA. The City Council further finds that maintaining
some local control over the planning and development process for new residential projects is
important for purposes of protecting the public health, safety, and welfare. Therefore, this
Amendment is needed to ensure that the City does not have a housing shortfall as of October 15,
2021.
f. The findings set forth in this Ordinance reflect the independent judgment of
the City Council.
3. Determination on DRC2021-0028. Based on the findings set forth in this Ordinance
and the totality of the administrative record before it, the City Council hereby approves Municipal
Code Amendment DRC2021-0028.
4. The City Council hereby amends Section 17.26.020 (“Zoning Districts Established”),
including Table 17.26.020-1 (“Rancho Cucamonga Zoning Districts”), of Chapter 17.26
(“Establishment of Zoning Districts”) of Article III (“Zoning Districts, Allowed Uses, and Development
Standards”) of Title 17 (“Development Code”) of the Rancho Cucamonga Municipal Code to read as
follows:
“17.26.020 Zoning districts established.
A. Zoning district purpose. Zoning districts are established in order to classify, regulate,
designate, and distribute the uses of land and buildings; to regulate and restrict the height,
setbacks and bulk of buildings; to regulate the area of yards and other open spaces around
buildings; and to regulate the density of population. The city is divided into zoning districts that
are grouped into two categories: (a) base zoning districts and (b) overlay zoning districts.
These districts are listed and described in Table 17.26.020-1 (Rancho Cucamonga Zoning
Districts), along with the general plan land use designation that they implement.
B. Base zoning districts. The base zoning district is the primary zoning district that applies to a
property. Every parcel throughout the city has a base zoning district that establishes the
primary land use type, density, intensity, and site development regulations. Base districts are
grouped into six categories as follows:
1. Residential Zoning Districts.
2. Mixed Use Zoning Districts.
3. Commercial and Office Zoning Districts.
4. Industrial Zoning Districts.
5. Open Space Zoning Districts.
6. Special Purpose Zoning Districts.
C. Overlay zoning districts. The Overlay Zoning Districts supplement base zoning districts for one
or more of the following purposes:
1. To allow more flexibility from the standard provisions of the underlying base zone.
2. To protect unique site features or implement location-specific regulations.
3. To specify a particular standard or guideline for an area.
D. In the event of a conflict between the regulations of the base zoning district and the Overlay
Zoning District, the provisions of the Overlay Zoning District shall apply.
TABLE 17.26.020-1 RANCHO CUCAMONGA ZONING DISTRICTS
Zoning
District
Symbol
Zoning District Name/Description
Page 164
Zoning
District
Symbol
Zoning District Name/Description
Residential Zoning Districts
VL
Very Low Residential. Designates areas for very low density residential use, with a
minimum lot size of 20,000 square feet and a maximum residential density of up to 2
units per gross acre.
L
Low Residential. Designates areas for single-family residential use, with a minimum
lot size of 7,200 square feet and a maximum residential density of 4 units per gross
acre.
LM
Low Medium Residential. Designates areas for low medium density single-family or
multiple-family use with site development regulations that assure development
compatible with nearby single-family detached neighborhoods. Residential densities
range from 4 to 8 units per gross acre maximum.
M
Medium Residential. Designates areas for medium density multiple-family use, with
site development regulations that assure development compatible with nearby lowe r
density residential development. Residential densities range from 8 to 14 units per
gross acre maximum.
MH
Medium High Residential. Designates areas for medium high density multiple-family
use, with site development regulations that assure development compatible with
nearby lower density residential development. Residential densities range from 14 to
24 units per gross acre maximum.
H
High Residential. Designates areas for high density multiple-family use, with site
development regulations that assure development compatible with nearby lower
density residential development. Residential densities range from 24 to 30 units per
gross acre.
Mixed Use Zoning Districts
MU
Mixed Use. Designates areas for a mix of residential and nonresidential uses, with
site development regulations that assure development compatible with nearby lower
density residential development, as well as internal compatibility among the varying
uses.
MU-GU
Mixed Use – General Urban. Designates areas for a mix of residential and non-
residential uses of lower intensity, with site development standards that assure
buildings create walkable streets and transition in scale to surrounding
neighborhoods.
MU-
UCR
Mixed Use – Urban Corridor. Designates areas for a mix of residential and
nonresidential uses of medium to high intensity, with site development regulations
that assure buildings create a vibrant pedestrian environment and transition in scale
to surrounding neighborhoods.
MU-UCT
Mixed Use – Urban Center. Designates areas for a mix of residential and non-
residential uses of high intensity, with site development regulations that allow for infill
development with buildings that transition in scale to surrounding neighborhoods.
Commercial and Office Zoning Districts
OP
Office/Professional. Designates areas primarily for the development of
professional/administrative offices and personal services rather than commodities.
Site development regulations and performance standards are designed to make
such uses relatively compatible with residential uses.
NC
Neighborhood Commercial. Designates areas for immediate day-to-day convenience
shopping and services for the residents of the immediate neighborhood. Site
development regulations and performance standards are intended to make such
uses compatible to and harmonious with the character of surrounding residential or
less intense land use area.
Page 165
Zoning
District
Symbol
Zoning District Name/Description
GC
General Commercial. Designates areas for general commercial activities and
services of a more intensive nature, including but not limited to major shopping
facilities, major service-oriented uses, major financial, and corporate headquarters
that are designed to serve the city or the region as a whole and are typically located
primarily along major transportation routes.
CC
Community Commercial. Designates areas for commercial activities and services on
a larger scale. Businesses are typically auto oriented and located along major
commercial corridors.
SC
Specialty Commercial. Designates areas designed to enhance the character around
historic resources or sites which promote a special landmark quality or create a
special ambience. Examples include specialty theme-oriented uses located adjacent
to the Thomas Brothers Winery, which complement the existing winery structure and
provide a unifying theme or the establishment of tourist-oriented specialty uses in
other areas, which cater to visitors. A limited number of office uses have been
included into the specialty commercial category in order to facilitate an interactive
office/commercial environment.
RRC
Regional Related Commercial. Designates areas for large-scale commercial
development that serves both local and regional needs. Sites are easily accessible
from freeways and may contain a variety of goods and services, such as large-
format retail, department stores, eating and drinking establishments, hotels, and
motels.
CO
Commercial Office. Designates areas for activities that cater to business support and
personal services. Uses typically include medical and health care clinics, travel
agencies, insurance agencies, copy centers, and other similar land uses.
Industrial Zoning Districts
IP
Industrial Park. Designates areas for industrial firms seeking an attractive and
pleasant working environment and a location which has prestige value. The district
allows light industrial uses, office and administration facilities, research and
development laboratories, and limited types of warehousing, as well as support
businesses and commercial service uses.
NI
Neo-Industrial. Designates areas to support a complementary mix of uses such as,
research and development, light and custom manufacturing, engineering and design
services, breweries, and maker spaces, as well as accessory office, retail and limited
residential uses to compliment the primary use; supportive amenities and services;
and convenient transit access. This zoning district encourages light industrial
activities with low environmental impacts and supports the growth of creative
industries, incubator businesses, and innovative design and manufacturing. The
zoning district can allow for small scale, context sensitive
warehousing, distribution and manufacturing to support small business
development.
IE
Industrial Employment. Designates areas reserved for manufacturing, processing,
construction and heavy equipment yards, warehousing and storage, e-commerce
distribution, light industrial research parks, automobile and vehicle services, and a
broad range of similar clean industrial practices and processes that typically generate
more truck traffic, noise, and environmental impacts than would be compatible with
office and residential uses. This zoning district prohibits non-industrial uses, except for
accessory office and commercial uses (such as restaurants or convenience stores) that
support the employees of the primary industrial use, and on-site caretaker units.
Open Space Zoning Districts
OS Open Space. Designates areas primarily to protect environmentally sensitive land.
Page 166
Zoning
District
Symbol
Zoning District Name/Description
The use regulations, development standards, and criteria provide low intensity
development and encourage recreational activities and preservation of natural
resources.
HR
Hillside Residential. Designates areas for maintaining natural open space character
through protection of natural landforms; minimizing erosion; providing for public
safety; protecting water, flora, and fauna resources; and establishing design
standards to provide for limited development in harmony with the environment.
Allowed density is a maximum of 2 units per net buildable acre as determined
through the Hillside Development Review process.
FC Flood Control. Designates areas necessary for flood control facilities for protection of
the public health, safety, and general welfare.
UC
Utility Corridor. Designates areas within utility corridors in which land uses
compatible to both the utility function and surrounding, existing, or proposed land
uses are allowed.
Special Purpose Zoning Districts
SP
Specific Plan. Designates areas for master planning through the adoption of a
specific plan with unique land use and development standards for a particular project
areas with a minimum of 300 acres.
PC
Planned Community. Designates areas master planning through the adoption of a
Planned Community, which can establish unique land use and development
standards for a particular project area. Planned Communities typically include less
detail than specific plans and have no minimum project size requirement.
Overlay Zoning Districts
SH
Senior Housing. Designates areas available for affordable rental housing units to
serve the city’s senior citizens. District provisions ensure high quality project design
and establish incentives for ongoing affordability for this target group. This district
can be combined with any residential base zoning district that meets the overlay
district qualifications.
E
Equestrian. Designates areas for the keeping of equine, bovine, and cleft-hoofed
animals. Further, this district protects the ability to maintain such animals, promotes
a “rural/farm” character in an urban setting, and recognizes and encourages the
educational and recreational values derived from raising and maintaining such
animals. This district may be combined with any residential base zoning district that
meets the overlay district qualifications.
FB
Foothill Boulevard. Designates areas along Foothill Boulevard for special use and
development regulations to implement the goals and objectives in the general plan
for this important corridor that covers most of the length of Historic Route 66 through
the city. Special regulations encourage a mix of uses, concentrate neighborhood,
community, and regional-serving uses as appropriate, and accommodate future
transit.
H
Hillside. Designates sloped areas subject to special hillside development regulations.
Generally, this district applies to areas with a slope greater than or equal to 8%. This
district may be combined with any residential base zoning district that meets the
overlay district qualifications.
HA Haven Avenue. Designates an area along Haven Avenue with unique allowed use
regulations and development standards focused on high quality office opportunities.
IC
Industrial Commercial. Designates areas with an Industrial Park Base Zoning District
to encourage and support the integration of traditional general commercial uses and
special development review requirements focused on retail opportunities.
LW Large Warehouse. Designates area where large industrial buildings with a gross
Page 167
Zoning
District
Symbol
Zoning District Name/Description
floor area over 450,000 square feet are permitted.”
5. The City Council hereby amends Section 17.30.030 (“Allowed Land Uses and Permit
Requirements”), including Table 17.30.030-1 (“Allowed Land Uses and Permit Requirements by
Base Zoning District”), of Chapter 17.30 (“Allowed Land Uses by Base Zoning District”) of Article III
(“Zoning Districts, Allowed Uses, and Development Standards”) of Title 17 (“Development Code”) of
the Rancho Cucamonga Municipal Code to read as follows:
“17.30.030 Allowed land uses and permit requirements.
A. Allowed land uses. Allowed uses and corresponding permit and entitlement requirements for
the base zoning districts are listed in Table 17.30.030-1 (Allowed Land Uses and Permit
Requirements by Base Zoning District). Uses are organized into common categories as
follows:
1. Residential uses.
2. Agriculture and animal related uses.
3. Recreation, resource preservation, open space, education, and public assembly uses.
4. Utility, transportation, public facility, and communication uses.
5. Retail, service, and office uses.
6. Automobile and vehicle uses.
7. Industrial, manufacturing, and processing uses.
B. Permit requirements. Generally, a use is either allowed by right, allowed through issuance of a
conditional use permit, or not permitted. In addition to the requirements for planning permits or
entitlements listed herein, other permits and entitlements may be required prior to
establishment of the use (e.g., building permit or permits required by other agencies). The
requirements for planning permits or entitlements identified in Table 17.30.030-1 (Allowed
Land Uses and Permit Requirements by Base Zoning District) include:
1. Permitted (P). A land use shown with a “P” indicates that the land use is permitted by
right in the designated zoning district, subject to compliance with all applicable provisions
of this title (e.g., development standards) as well state and federal law.
2. Conditionally permitted (C). A land use shown with a “C” indicates that the land use is
permitted in the designated zoning district upon issuance of a conditional use permit from
the designated approving authority, subject to compliance with all applicable provisions of
this zoning code (e.g., development standards) as well as state and federal law.
3. Minor use permit (M). A land use shown with an “M” indicates that the land use is
permitted in the designated zoning district upon issuance of a minor use permit from the
designated approving authority, subject to compliance with all applicable provisions of
this zoning code (e.g., development standards) as well as state and federal law.
4. Not permitted (N). A land use shown with an “N” is not allowed in the applicable zoning
district. Additionally, uses not shown in the table are not permitted, except as otherwise
provided for in this title.
5. Adult entertainment permit (A). A land use shown with an “A” indicates that the land use
is permitted in the designated zoning district upon issuance of an adult entertainment
permit from the designated approving authority, subject to compliance with all applicable
provisions of this zoning code (e.g., development operational standards) as well as state
and federal law.
Page 168
C. Base zoning district names and symbols. Base zoning district names for the zoning district
symbols used in the table are listed below. Specific Plan (SP) District and Planned Community
(PC) District are not listed in the table as the allowed uses for those base zoning districts are
determined in compliance with the adopted Specific Plan or Planned Community.
• Very Low Residential (VL) • Specialty Commercial (SC)
• Low Residential (L) • Regional Related Commercial (RRC)
• Low Medium Residential (LM) • Commercial Office (CO)
• Medium Residential (M) • Industrial Park (IP)
• Medium High Residential (MH) • Neo-Industrial (NI)
• High Residential (H) • Industrial Employment (IE)
• Mixed Use (MU) • Open Space (OS)
• Mixed Use – General Urban (MU-GU) • Hillside Residential District (HR)
• Mixed Use – Urban Corridor (MU-UCR) • Flood Control-Open Space (FC)
• Mixed Use – Urban Center (MU-UCT) • Utility Corridor-Open Space (UC)
• Office Professional (OP)
• Neighborhood Commercial (NC)
• General Commercial (GC)
• Community Commercial (CC)
TABLE 17.30.030-1: ALLOWED LAND USES AND PERMIT REQUIREMENTS
BY BASE ZONING DISTRICT
Land Use/Zoning
District VL L LM M MH H MU MU-
GU
MU-
UCR
MU-
UCT OP NC GC CC SC RRC CO IP NI IE OS HR FC UC
Residential Uses
Adult Day Care Home P P P P P P P P P P N N N N N N N N N N N P N N
Caretaker Housing M M M M M M M M M M P P P N N N N M M M P M P P
Dwelling, Multi-Family N N P P P P P P P P N N N N N N N N N N N N N N
Dwelling, Single-
Family P P P P N N N N N N N N N N N N N N N N P P N N
Dwelling, Two-Family N N P P P P P P P P N N N N N N N N N N N N N N
Emergency Shelter N N N N N N N N N N N N P N N N N N C N N N N N
Family Day Care
Home, Large (11) M M M M M M M M M M N N N N N N N N N N N M N N
Family Day Care
Home, Small P P P P P P P P P P N N N N N N N N N N N P N N
Guest House P P P N N N N N N N N N N N N N N N N N N N N N
Group Residential M M M M M M M M M M M M M M N M N N N N N M N N
Home Occupation (2) P P P P P P P P P P N N N N N N N N N N P P N N
Live-Work Facility N N N N N N P P P P N N N N N N N N N N N N N N
Manufactured Home
(3) P P P P N N N N N N N N N N N N N N N N N P N N
Mobile Home Park (3) M M M M M M N N N N N N N N N N N N N N N N N N
Residential Care
Facility N M M M M M M M M M N N N N N N N N N N N N N N
Residential Care
Home P P P P P P N P P P N N N N N N N N N N N P N N
Short-Term Rental(16) P P P P P P P P P P P P N N P P P P N P P P P P
Single-Room
Occupancy Facility N N N P P P P P P P N N N N N N N N N N N N N N
Transitional Housing P P P P P P P P P P N N N N N N N N N N N P N N
Agriculture and Animal-Related
Uses
Agricultural Uses N N N N N N N N N N N N N N N N N N N N P N P P
Animal Keeping,
Domestic Pets (4) P P P P P P P P P P N N N N N N N N N N N P N N
Animal Keeping,
Exotic Animals (4) M M M M M M M M M M N N N N N N N N N N N M N N
Animal Keeping,
Insects (4) P N N N N N N N N N N N N N N N N N N N N N N N
Animal Keeping,
Livestock Animals (4) P P N N N N N N N N N N N N N N N M N N N N N N
Animal Keeping,
Poultry (4) P N N N N N N N N N N N N N N N N M N N N N N N
Equestrian Facility,
Commercial M N N N N N N N N N N N N N N N N N N N M N M M
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Equestrian Facility,
Hobby P N N N N N N N N N N N N N N N N N N N N N N N
Land Use/Zoning
District VL L LM M MH H MU MU-
GU
MU-
UCR
MU-
UCT OP NC GC CC SC RRC CO IP NI IE OS HR FC UC
Recreation, Resource Preservation, Open Space, Education, and Public Assembly Uses
Assembly Use M M M M M M M M M M M M M M M M M M C N N N N N
Cemetery/Mausoleum N N N N N N N N N N N N N N N N N N N N M N N N
Community
Center/Civic Use M M M M M M M M M M M M M M M M N P P N N M N N
Community Garden M M M M M M N N N N N N N N N N N N N N P N P P
Convention Center N N N N N N M M M M M M M M M M M M C C N N N N
Golf
Course/Clubhouse N N N N N N N N N N N N N N N N N N N N M N M M
Indoor Amusement/
Entertainment Facility N N N N N N M M M M N M M P P P N M C N N N N N
Indoor Fitness and
Sports Facility—Large N N N N N N M M M M M M M M M M M M C N N N N N
Indoor Fitness and
Sports Facility—Small N N N N N N P P P P P P P P M P P M C N N N N N
Library and Museum M M M M M M P P P P P P P N P N P M N N M M M M
Outdoor Commercial
Recreation N N N N N N M M M M M M M N N M M M C N N N N N
Park and Public Plaza P P P P P P P P P P N N N N N N N M M M P P P P
Public Safety Facility M M M M M M M M M M M M M M M M M M C C N M N N
Resource-Related
Recreation P P P P P P P P P P N N N N N N N N N N P P P P
School, Academic
(Private) M M M M M M M M M M M M M M M M M M C N N M N N
School, Academic
(Public) P P P P P P P P P P P P P P P P P P P N N P N N
School,
College/University
(Private)
M M M M M M M M M M M M M M M M M M C N N M N N
School,
College/University
(Public)
M M M M M M M M M M M M M M M M M M C N N C N N
Schools, Specialized
Education and
Training/Studio
N N N N N N M M M M M M M M M M M C C C N N N N
Theaters and
Auditoriums N N N N N N M M M M N N M N N P N N N N N N N N
Tutoring Center—Large N N N N N N M M M M M M M M M M M N N N N N N N
Tutoring Center—Small N N N N N N P P P P P P P P P P P N N N N N N N
Utility, Transportation, Public Facility, and Communication Uses
Broadcasting and
Recording Studios N N N N N N N N N N P N P N N N P P P N N N N N
Park and Ride Facility N N N N N N N N N N M M M N N N N C P C N N N N
Parking Facility N N N N N N N N N N N N N N N N N N N N N N N N
Transit Facility N N N N N N N N N N N N N N N N N M C C N N N N
Utility Facility and
Infrastructure—Fixed
Based Structures (5, 12)
N N N N N N N N N N N N N N N N N M C C C N M M
Utility Facility and
Infrastructure—
Pipelines (5)
P P P P P P P P P P P P P P P P P P P P P P P P
Wind Energy System—
Small (10) P N N N N N N N N N N N N N N N N P P P N N N N
Land Use/Zoning
District VL L LM M MH H MU MU-
GU
MU-
UCR
MU-
UCT OP NC GC CC SC RRC CO IP NI IE OS HR FC UC
Retail, Service, and Office Uses
Adult Day Care Facility N N N N N N M M M M M M M N N N M C C N N N N N
Adult-Oriented Business
(6) N N N N N N N N N N N N N N N N N A A A N N N N
Alcoholic Beverage
Sales N N N N N N M M M M N M M M M M M M M N N N N N
Ambulance Service N N N N N N N N N N M M M N N N N N C P N N N N
Animal Sales and
Grooming N N N N N N P P P P N P P P P N N N N N N N N N
Art, Antique, Collectable
Shop (13) N N N N N N P P P P N P P P P P N N N N N N N N
Artisan Shop (13) N N N N N N P P P P N P P P P P N N N N N N N N
Bail Bonds N N N N N N N N N N N N N N N N N N N N N N N N
Banks and Financial
Services N N N N N N M M M M M M P P P P P P P N N N N N
Bar/Nightclub N N N N N N M M M M M N M M M M M N C N N N N N
Page 170
Bed and Breakfast Inn M M M N N N N N N N N N N M M N N N N N N N N N
Building Materials Store
and Yard N N N N N N N N N N N N N N N N N N M P N N N N
Business Support
Services N N N N N N P P P P P P P P P P P P P P N N N N
Call Center N N N N N N N N N N N N N N N N N M M C N N N N
Card Room N N N N N N N N N N N N N N N N N N N N N N N N
Check Cashing Business
(7) N N N N N N P P P P N P P N N N N P N N N N N N
Child Day Care
Facility/Center N N N N N N M M M M M M M M N M M M P P N N N N
Commercial Cannabis
Activity N N N N N N N N N N N N N N N N N N N N N N N N
Consignment Store N N N N N N M M M M N M M N M N N N N N N N N N
Convenience Store N N N N N N P P P P N P P N M N N M M N N N N N
Crematory Services (7) N N N N N N N N N N N N N N N N N N M N N N N N
Drive-In and Drive-
Through Sales and
Service (8)
N N N N N N M M M M M M M M N M M M M N N N N N
Land Use/Zoning
District VL L LM M MH H MU MU-
GU
MU-
UCR
MU-
UCT OP NC GC CC SC RRC CO IP NI IE OS HR FC UC
Equipment Sales and
Rental N N N N N N N N N N N N M N N N N N C P N N N N
Feed and Tack Store N N N N N N N N N N N P P N N N N N N N N N N N
Furniture, Furnishing,
and Appliance Store N N N N N N P P P P N P P P P P N N N N N N N N
Garden Center/Plant
Nursery N N N N N N P P P P N P P P N P N N P P P N P P
Grocery
Store/Supermarket N N N N N N P P P P N P P P N P N N N N N N N N
Gun Sales N N N N N N N N N N N N M N N N N M M N N N N N
Hookah Shop N N N N N N M M M M N N M N N N N N N N N N N N
Home Improvement
Supply Store N N N N N N P P P P N P P P N P N M P P N N N N
Hotel N N N N N N M M M M M N M N N M M M N N N N N N
Internet Café N N N N N N P P P P P P P P P P P P P P N N N N
Kennel, Commercial N N N N N N N N N N N N M M N M N M C N N N N N
Liquor Store N N N N N N M M M M N M M M M M N M M N N N N N
Maintenance and
Repair, Small
Equipment
N N N N N N P P P P N P P P N P P P P P N N N N
Massage Establishment
(14) N N N N N N P P P P P P P P P P P N N N N N N N
Massage Establishment,
Ancillary (14) N N N N N N P P P P P P P P P P P P P N N N N N
Medical Services,
Extended Care N M M M M M M M M M P N P P N N P P P N N N N N
Medical Services,
General N N N N N N P P P P P P P P P P P P P N N N N N
Medical Services,
Hospitals N N M M M M M M M M M N M N N N N P P N N N N N
Land Use/Zoning
District VL L LM M MH H MU MU-
GU
MU-
UCR
MU-
UCT OP NC GC CC SC RRC CO IP NI IE OS HR FC UC
Mobile Hot Food Truck N N N N N N N N N N N N N N N N N N P P N N N N
Mortuary/Funeral Home N N N N N N N N N N M M M N N N N N N N N N N N
Office, Business and
Professional N N N N N N P P P P P P P P P P P P P N N N N N
Office, Accessory N N N N N N P P P P P P P P P P P P P P N N N N
Pawnshop (7) N N N N N N N N N N N N M N N N N N N N N N N N
Personal Services N N N N N N P P P P P P P P P P P P P P N N N N
Restaurant, No Liquor
Service N N N N N N P P P P P P P P P P P P P P N N N N
Restaurant, Beer and
Wine N N N N N N P P P P P P P P P P P P P C N N N N
Restaurant, Full Liquor
Service N N N N N N M M M M M M M M M M M M M N N N N N
Retail, Accessory N N N N N N P P P P P P P P N P P M M P N N N N
Retail, General N N N N N N P P P P N P P P P P N M M C N N N N
Retail, Warehouse Club N N N N N N P P P P N N P P N P N P N N N N N N
Secondhand Dealer N N N N N N P P P P N P P N N N N N N N N N N N
Shooting Range N N N N N N N N N N N N N N N N N M C N N N N N
Smoke Shop (7) N N N N N N N N N N N N M M N M N N N N N N N N
Specialty Food Store (13) N N N N N N P P P P N P P P P P N N N N N N N N
Page 171
Tattoo Shop (7) N N N N N N N N N N N N M N N N N N N N N N N N
Thrift Store (7) N N N N N N M M M M N M M M N M N N N N N N N N
Veterinary Facility M N N N N N M M M M N P P M M M N N P P N N N N
Automobile and Vehicle
Uses
Auto and Vehicle Sales
and Rental N N N N N N N N N N M N M N N P N M M N N N N N
Auto and Vehicle Sales,
Autobroker N N N N N N N N N N P P P P N P P P N N N N N N
Auto and Vehicle Sales,
Wholesale N N N N N N N N N N P P P P N P P P P N N N N N
Auto and Vehicle
Storage18 N N N N N N N N N N N N N N N N N N N N N N N N
Auto Parts Sales N N N N N N N N N N N P P N N P N N P N N N N N
Car Washing and
Detailing N N N N N N N N N N N N M M N M N M N N N N N N
Recreational Vehicle
Storage N N N N N N N N N N N N N N N N N N C C N N N N
Service Stations N N N N N N M M M M M M P M N M M M M N N N N N
Vehicle Services, Major N N N N N N N N N N N N M N N N N N P P N N N N
Vehicle Services, Minor N N N N N N N N N N M M P N N M N P P N N N N N
Land Use/Zoning
District VL L LM M MH H MU MU-
GU
MU-
UCR
MU-
UCT OP NC GC CC SC RRC CO IP NI IE OS HR FC UC
Industrial, Manufacturing, and Processing
Uses
Commercial
(Secondary/Accessory)
- Industrial
N N N N N N N N N N N N N N N N N P P P N N N N
Commercial
(Repurposing) -
Industrial
N N N N N N N N N N N N N N N N N M C C N N N N
E-Commerce
Distribution
Distribution/Fulfillment
Center, Small(12) N N N N N N N N N N N N N N N N N P P P N N N N
Distribution/
Fulfillment Center,
Large
N N N N N N N N N N N N N N N N N N M M N N N N
Parcel Sorting
Facilities N N N N N N N N N N N N N N N N N N N N N N N N
Parcel Hub Small (<
130,000 sq. ft.) N N N N N N N N N N N N N N N N N N N N N N N N
Parcel Hub Large (>
130,000 sq. ft.) N N N N N N N N N N N N N N N N N N N N N N N N
Lumber Yard N N N N N N N N N N N N N N N N N N N C N N N N
Maker Space/Accessory
Maker Space N N N N N M N N N N N N N N N N N M P P N N N N
Manufacturing,
Custom(12) N N N N N N N N N N N N N N N N N P P N N N N N
Manufacturing, Green
Technology N N N N N N N N N N N N N N N N N N P P N N N N
Manufacturing, Light -
Small(12) N N N N N N N N N N N N N N N N N P P P N N N N
Manufacturing, Light -
Large(12) N N N N N N N N N N N N N N N N N N M M N N N N
Microbrewery N N N N N N N N N N N N N N N N N P P P N N N N
Printing and Publishing N N N N N N N N N N N N P N N N N P P N N N N N
Recycling Facility,
Collection N N N N N N N N N N N P P N N N N N C C N N N N
Recycling Facility,
Processing N N N N N N N N N N N N N N N N N N C C N N N N
Research and
Development N N N N N N N N N N N N N N N N N P P P N N N N
Storage, Personal
Storage Facility N N N N N N N N N N N N N N N N N N C C N N N N
Storage Warehouse N N N N N N N N N N N N M N N N N N C C N N N N
Wholesale, Storage,
and Distribution -
Light(12)
N N N N N N N N N N N N N N N N N P P P N N N N
Wholesale, Storage,
and Distribution -
Medium (12)
N N N N N N N N N N N N N N N N N C C P N N N N
Table Notes:
(1) Reserved.
(2) See additional regulations for home occupations in Chapter 17.92.
Page 172
(3) See additional regulations for mobile homes in Chapter 17.96.
(4) See additional regulations for animal keeping in Chapter 17.88.
(5) Utility facilities and infrastructure involving hazardous or volatile gas and/or liquid pipeline development require approval of a Conditional Use Permit.
(6) See additional regulations for adult entertainment businesses in Chapter 17.86. Adult-oriented businesses are not permitted west of Haven Avenue.
(7) See additional regulations for special regulated uses in Chapter 17.102.
(8) See additional regulations for drive-in and drive-through facilities in Chapter 17.90.
(9) Not permitted within 300 feet of residentially zoned property.
(10) See additional regulations for wind energy systems in Chapter 17.76.
(11) Family Day Care Home — Large requires approval of a Large Family Day Care Permit, not a Conditional Use Permit.
(12) Not permitted on any parcel that is located within, or partly within, five hundred (500) feet of the Foothill Boulevard right-of-way.
(13) Permitted in Industrial Park and General Industrial zoning districts when proposed in conjunction with “Commercial (Repurposing) — Industrial”.
(14) Massage establishment permit required. See additional regulations for massage establishments in chapter 5.18.
(16) A short-term rental must be a single family residence in zoning districts other than VL, L, and LM. See additional regulations for short-term rentals in
Chapter 8.34.
(17) Maximum building gross floor area for all industrial uses is 450,000 square feet. A master plan is required for all industrial buildings larger than 450,000
square feet in gross floor area.
(18) Auto and vehicle storage is permitted as an on- or off-site accessory use to any manufacturing use upon issuance of a minor use permit. The minor use
permit may also permit truck storage as an accessory use to manufacturing.”
6. The City Council hereby amends Section 17.36.020 (“Development Standards for
Mixed Use Zoning Districts”), including Table 17.36.020-2 (“Development Standards for Mixed Use
Zoning Districts”), which shall be renumbered to Table 17.36.020-1 of Chapter 17.36 (“Development
Standards by Base Zoning District”) of Article III (“Zoning Districts, Allowed Uses, and Development
Standards”) of Title 17 (“Development Code”) of the Rancho Cucamonga Municipal Code to read as
follows:
“17.36.020 Development standards for mixed use zoning districts.
A. Purpose and applicability. The purpose of this section is to establish minimum development
standards that are unique to development projects within the city’s Mixed Use Zoning Districts.
Development standards in this section apply to all land designated on the zoning map within a
Mixed Use District and are intended to be consistent with and implement the general plan.
TABLE 17.36.020-2 DEVELOPMENT STANDARDS FOR MIXED USE ZONING DISTRICTS
Development
Standard MU MU-GU MU-UCR MU-UCT
Site/Lot Area
(minimum) (1) n/a n/a n/a n/a
Lot Width/Depth
(minimum) n/a n/a n/a n/a
Allowed Density
(dwelling units per
acre)
Minimum Density n/a 24 units/acre 24 units/acre 24 units/acre
Maximum Density 50 units/acre 42 units/acre 60 units/acre 100 units/acre
Land Use Mix (2)(3)
Project shall
incorporate a
minimum of two
of the following
types of land
uses:
Commercial,
Office,
Institutional,
Residential,
Live/Work
Project shall
incorporate a
minimum of two
of the following
types of land
uses:
Commercial,
Office,
Institutional,
Residential,
Live/Work
Project shall
incorporate a
minimum of two
of the following
types of land
uses:
Commercial,
Office,
Institutional,
Residential,
Live/Work
Project shall
incorporate a
minimum of two
of the following
types of land
uses:
Commercial,
Office,
Institutional,
Residential,
Live/Work
Setbacks (4)(5)
Street Yard 50% - 75% 0 – 10 ft. 0 – 10 ft. 0 – 5 ft.
Page 173
Development
Standard MU MU-GU MU-UCR MU-UCT
(Major/Special
Boulevard)
reduction of
streetscape
requirements (8)
Street Yard
(Secondary/Collector)
50% - 75%
reduction of
streetscape
requirements (8)
0 – 10 ft. 0 – 10 ft. 0 – 5 ft.
Street Yard (Local
Streets)
75% - 100%
reduction of
streetscape
requirements (8)
0 – 10 ft. 0 – 10 ft. 0 – 5 ft.
Rear Yard (adjacent
to residential)
Match rear yard
setback
requirements of
adjacent base
district
Match rear yard
setback
requirements of
adjacent base
district
Match rear yard
setback
requirements of
adjacent base
district
Match rear yard
setback
requirements of
adjacent base
district
Rear Yard (adjacent
to commercial or
industrial)
0 feet (6) 0 feet 0 feet 0 feet
Interior Side (adjacent
to residential)
Match side yard
setback
requirements of
adjacent base
district
Match side yard
setback
requirements of
adjacent base
district
Match side yard
setback
requirements of
adjacent base
district
Match side yard
setback
requirements of
adjacent base
district
Interior Side (adjacent
to commercial or
industrial)
5 feet 5 feet 5 feet 5 feet
Distance Between
Buildings
Primary Buildings
Minimum per
Building Code
requirements
Minimum per
Building Code
requirements
Minimum per
Building Code
requirements
Minimum per
Building Code
requirements
Accessory Buildings
Minimum per
Building Code
requirements
Minimum per
Building Code
requirements
Minimum per
Building Code
requirements
Minimum per
Building Code
requirements
Building Height
(maximum in feet) (7)
Primary Buildings 75 feet maximum 3 stories min. –
5 stories max.
4 stories min. –
7 stories max.
12 stories max.
Accessory Buildings
Not to exceed
primary building
height
Not to exceed
primary building
height
Not to exceed
primary building
height
Not to exceed
primary building
height
Open Space
Requirement
(minimum
percentage of open
space per parcel or
project)
Landscape Area
(overall net area) 10% minimum 10% minimum 10% minimum 10% minimum
Open Space
Requirements
Minimum of 150
square feet/unit;
See Section
17.36.020 (D) for
additional
requirements
Minimum of 150
square feet/unit;
See Section
17.36.020 (D)
for additional
requirements
Minimum of 150
square feet/unit;
See Section
17.36.020 (D)
for additional
requirements
Minimum of 150
square feet/unit;
See Section
17.36.020 (D)
for additional
requirements
Page 174
Development
Standard MU MU-GU MU-UCR MU-UCT
Recreation
Area/Facility
Required per
Section 17.36.010
(E)
Required per
Section
17.36.010 (E)
Required per
Section
17.36.010 (E)
Required per
Section
17.36.010 (E)
Parking
Requirement
Parking Spaces
See Table
17.64.050-1;
NOTE: A parking
study is required
for all Mixed Use
projects per
Section
17.64.060(D)
See Table
17.64.050-1;
NOTE: A
parking study is
required for all
Mixed Use
projects per
Section
17.64.060(D)
See Table
17.64.050-1;
NOTE: A
parking study is
required for all
Mixed Use
projects per
Section
17.64.060(D)
See Table
17.64.050-1;
NOTE: A
parking study is
required for all
Mixed Use
projects per
Section
17.64.060(D)
Accessory Dwelling
Units
Allowed per
Chapter 17.100
(Accessory
Dwelling Units)
Allowed per
Chapter 17.100
(Accessory
Dwelling Units)
Allowed per
Chapter 17.100
(Accessory
Dwelling Units)
Allowed per
Chapter 17.100
(Accessory
Dwelling Units)
Table Notes:
(1) On existing lots of record, parcels less than three (3) acres or less than the required minimum frontage may only be developed at
the lowest end of the permitted density range.
(2) Lot sizes less than one-half (½) acre are not subject to land use mix requirement.
(3) The precise amount of two or more land uses in a mixed use development is determined on a case by case basis, at the discretion
of the Planning Director.
(4) Setbacks are measured between the structure and curb face in front yards and corner side yards. Setbacks are measured
between the structure and property line in rear yards and interior side yards.
(5) Shall apply to buildings, parking and landscaping.
(6) Must meet minimum Building Codes.
(7) All buildings within one hundred (100) feet of LM, L, or VL Districts shall not exceed twenty-five feet (25’); however, there may be
areas where the maximum building height may be required to be less than the cited maximum, and shall be determined on a case by
case basis.
(8) For mixed use development of any type see the streetscape setbacks in Table 17.36.010-3 that apply to Attached Single-Family
Residential and Multi-Family Residential.
B. Open space mixed use development standards.
1. Front and/or street yard setbacks do not count towards meeting the usable open space
requirements.
2. Required perimeter and parking landscape area, per section 17.56.060(N), shall not be
credited toward fulfilling this open space requirement, but is counted towards the overall
landscape requirement.
3. A maximum of 30 percent of the total requirement for private open space shall be
counted toward required open space area. Additional private open space area will not
count towards the total requirement for open space. This maximum 30 percent
requirement may be modified by not more than five percent if determined to be necessary
during design review.
4. Each private open space shall have a minimum width and depth of six feet.
5. Each common open space shall have at least one minimum dimension of 15 feet and the
other dimensions shall be at least six feet, except for private open space (e.g., balconies
or patios).
a. Open space shall include both indoor/interior space and outdoor open space.
b. Open space can be in the form of private open space (e.g., balconies) or common
open space (e.g., pool or side or rear setback areas).
Page 175
c.An indoor recreational room of up to 600 square feet may be credited toward
fulfilling this open space requirement.
d.A landscaped and usable utility easement may be credited toward fulfilling this open
space requirement if it is properly landscaped in compliance with chapter 17.56
(Landscaping).”
7.Determination on DRC2021-00283. Based on the findings set forth in this Ordinance
and the totality of the administrative record before it, the City Council hereby approves Zoning Map
Amendment DRC2021-00283 as set forth in Exhibit “B,” attached hereto and incorporated herein by
reference. Those parcels identified by APNs 20833140, 20833147, 20834115, 20835302,
20913101, 20913102, 21008141, and 21008142 are hereby removed from the Haven Avenue
Overlay. The parcel identified by APN 20835503 is hereby removed from the Industrial Commercial
Overlay. For reference purposes, a list of the parcels affected by Zoning Map Amendment
DRC2021-00283 is also included in Exhibit “B”.
8.The City Council declares that, should any section, subsection, subdivision,
sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect
the validity of the remaining portions of this Ordinance. The City Council hereby declares that it
would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause,
phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections,
subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or
unconstitutional.
9.The City Clerk shall certify to the adoption of this Ordinance and shall cause the
same to be published within in the manner required by law.
APPROVED AND ADOPTED THIS ____ DAY OF ____ 2021.
CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA
BY:
L. Dennis Michael, Mayor
I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the
foregoing Ordinance was introduced at a regular meeting of the City Council held on the ____ day
of ____ 2021, by the following vote-to-wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ATTEST:
City Clerk of the City of Rancho Cucamonga
Page 176
EXHIBIT A
ZONING MAP AMENDMENT
Page 177
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D D D D D D D D D D
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8th St
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6th StCarnelian StMilliken AvHellman AvArchibald AvHermosa AvHaven AvRochester AvEtiwanda AvI-15Vineyard AvGrove AvEast AvI-15Etiwanda AvRochester AvMilliken AvHaven AvHermosa AvArchibald AvHellman AvHillside Rd
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Text
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(SP-EN)Etiwanda North Specific Plan
(SP-E)Etiwanda Specific Plan
(SP-EL)Empire LakesSpecific Plan
(PC-TV)Terra Vista Planned Community
(PC-V)Victoria Planned Community
(PC-C)Caryn PlannedCommunity
(PC-EH)Etiwanda HighlandsPlanned Community
(SP-EHNCP)Etiwanda Heights Neighborhood & Conservation Plan
¹
CITY OF
RANCHO CUCAMONGA
ZONING MAP
The maps, data and geographic information ("Information") available by and through the City of Rancho
Cucamonga are presented as a public resource of general information. The City of Rancho Cucamonga
makes nor implies no warranty representation or guarantee as to the content, sequence, accuracy,
completeness or timelines of any Information provided to you herein. The user should not rely upon the
Information for any reason and is directed to independently verify any and all Information presented herein.
The City of Rancho Cucamonga explicitly and without limitation disclaims any and all representations and
warrantees, including, but not limited to, the implied warrantees of merchantability and fitness for a
particular purpose. The City of Rancho Cucamonga shall neither accept nor assume any liability, regardless
of the causation for (i) any errors, omissions or in accuracies in any Information provided and/or (ii) any
action or inaction occurring due to any persons reliance upon the information available herein.
Commercial/Office
Community Commercial (CC)
Specialty Commercial (SC)
Regional Related Commercial (RC)
Commercial Office (CO)
Data Provided by Department of Innovation & Technology
0 km 1 km km2
0 ft 1,000ft 2,000ft 3,000ft 4,000ft 5,000 ft 6,000ft 7,000 ft 8,000ft ft9,000
Scale 1:16,000
City Limits
Office Professional (OP)
Specific Plan
Planned Communities
Overlay District
Empire Lakes Specific Plan (SP-EL)
Equestrian (EOD)
Haven Avenue (HAOD)
Senior Housing (SHOD)
Hillside (HOD)
"""""""
"""""""
"""""""
!!!!!!!
!!!!!!!
!!!!!!!
########
########
########
########
X X X X X X X X
X X X X X X X X
X X X X X X X X
X X X X X X X X
Foothill Boulevard (FBOD)
^^^^^^^^
^^^^^^^^
^^^^^^^^
^^^^^^^^
Industrial Commercial (ICOD)
D D D D D D D D
D D D D D D D D
D D D D D D D D
D D D D D D D D
Mixed Use
Mixed Use (MU)
Residential Open Space
Neighborhood Commercial (NC)
General Commercial (GC)
Caryn Planned Community (PC-C)
Etiwanda North Specific Plan (SP-EN)
Etiwanda Highlands Planned
Community (PC-EH)
Terra Vista Planned Community
(PC-TV)
Victoria Planned Community (PC-V)
Etiwanda Specific Plan (SP-E)
Etiwanda Heights Neighborhood &
Conservation Specific Plan (SP)
Planned Community (PC)
Very Low (<2 du/ac)
Low (2-4 du/ac)
Low Medium (4-8 du/ac)
Medium (8-14 du/ac)
Medium High (14-24 du/ac)
High (24-30 du/ac)
Utility Corridor (UC)
Flood Control (FC)
Open Space (OS)
Hillside Residential (HR)
General Urban (GU)
Urban Center (UCE)
Urban Corridor (UCO)
Industrial
Industrial Park (IP)
General Industrial (GI)
Minimum Impact Heavy Industrial (MI/HI)
Heavy Industrial (HI)
Page 178
Page 179
ORDINANCE NO. 984
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANNED
COMMUNITY AMENDMENT DRC2021-00284 TO AMEND THE
TERRA VISTA PLANNED COMMUNITY TO REZONE 13 PARCELS
TO THE NEW URBAN CORRIDOR ZONING DISTRICT,
ADOPTING AN ADDENDUM TO THE GENERAL PLAN PROGRAM
ENVIRONMENTAL IMPACT REPORT PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND MAKING
FINDINGS IN SUPPORT THEREOF
A.Recitals.
1.The City of Rancho Cucamonga is required by law to update the Housing Element of
its General Plan for the planning period of October 2021 through October 2029. In connection with
that requirement, the City is currently in the process of updating its Housing Element as part of the
PlanRC General Plan process. The City is on track to adopt the new General Plan, including the
Housing Element, in accordance with the deadlines set forth in State law.
2.Current housing law states that if a city cannot show that it has the capacity to
accommodate the Regional Housing Needs Assessment (RHNA) based on its existing planning and
zoning framework as of October 15, 2021, the city is considered to have a “shortfall” in capacity. If
a city has a shortfall, the city then must include a program in its housing element to rezone specific
sites to show capacity to meet the shortfall based on new zoning standards for specific sites. The
rezoning program for sites used to demonstrate capacity for the very low and low income RHNA
allocations must rezone those sites to create a “by-right” process for developments that include 20
percent of the units for lower income households.
3.The City is proposing to amend its current General Plan, Development Code, Zoning
Map and related special planning documents for selected parcels to ensure that enough sites are
zoned to meet the RHNA requirements by October 15, 2021 and to avoid the shortfall. The City has
prepared a set of amendments for this purpose, including Planned Community Amendment
DRC2021-00284 as described in the title of this Ordinance (the “Amendment”).
4.The Amendment proposes to amend the Terra Vista Planned Community to rezone
13 parcels within the Urban Corridor Zoning district and to establish development standards for the
Urban Corridor Zoning District. Specifically, the proposed Amendment would amend the Terra
Vista Planned Community to rezone Assessor’s Parcel Numbers (APN) 107742251, 107742255,
107742298, 107742299, 107742301, 107742302, 109012117, 109012118, 109012120, 109012121,
109012122, 109012138, and 109012139 are rezoned to Mixed Use - Urban Corridor (MU-UCR).
5.Concurrent with this Amendment, the City has prepared General Plan Amendment
DRC2021-00281, Municipal Code Amendment DRC2021-0028, Zoning Map Amendment
DRC2021-00283, Specific Plan Amendment DRC2021-00285, and Master Plan Amendment
DRC2021-00286. The collective purpose of these amendments is to ensure that enough sites
within the City are zoned to meet the RHNA requirements by October 15, 2021 and to avoid any
shortfall.
6.On August 11, 2021, the Planning Commission of the City of Rancho Cucamonga
conducted a noticed public hearing on the Amendment and concluded said hearing on that date.
Attachment 2
Page 180
7. On September 1, 2021, the City Council conducted a duly noticed public hearing on
the Amendment, and all interested persons were given an opportunity to present oral and written
evidence regarding the Amendment and the addendum to the General Plan Program Environmental
Impact Report (SCH #2000061027), and concluded said hearing on that date.
8. All legal prerequisites prior to the adoption of this Ordinance have occurred.
B. Ordinance.
NOW, THEREFORE, it is hereby found, determined, and ordained by the City Council of the
City of Rancho Cucamonga as follows:
1. Recitals. 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.
2. Findings. Based upon the substantial evidence presented to the City Council during
the above-referenced public hearing on September 1, 2021, including written and oral staff reports,
together with public testimony, the City Council hereby specifically finds as follows:
a. The Terra Vista Planned Community amendment identified herein has been
processed, including, but not limited to, public notice, in the time and manner prescribed by State
and local law, including the California Environmental Quality Act (“CEQA”).
b. Pursuant to the California Environmental Quality Act (“CEQA”) and the City’s
local CEQA Guidelines, an addendum to the General Plan Program Environmental Impact Report
(SCH #2000061027) has been prepared. The addendum concludes that the proposed Amendment
and other amendments intended to create sufficient housing capacity do not result in any new
significant environmental effects or a substantial increase in the severity of previously identified
significant effects beyond what was analyzed in the certified EIR. No new information has become
available and no substantial changes to the circumstances under which implementation of the
General Plan was being undertaken since the certification of the EIR have occurred. The proposed
Amendment would not substantially increase the severity of effects relative to the environmental
topics analyzed in the Certified EIR, nor would the project require new mitigation measures or
alternatives. Based on this evidence and all the evidence in the record, the City Council concurs
with the Planning Commission and Planning Department staff’s determination that the Amendment
will not have a significant effect on the environment and an addendum is the appropriate level of
environmental review under CEQA. The City Council has considered the proposed addendum
attached to the staff report accompanying the Amendment, along with the General Plan Program
Final EIR, and hereby adopts the addendum.
c. The Amendment is consistent with the direction, goals, policies, and
implementation programs of the adopted General Plan, including without limitation, the Land Use
Element thereof (as amended), and will provide for development in a manner consistent with the
General Plan.
d. The land use and development regulations within the Amendment are
comparable in breadth and depth to similar zoning regulations contained in the Development Code.
e. The administration and permit processes within the Amendment are
consistent with the administration and permit processes of the Development Code.
f. The City Council finds that the Amendment serves the important purpose of
providing sufficient opportunities for housing development within the City to meet demand at all
income levels in accordance with its assigned RHNA. The City Council further finds that
maintaining some local control over the planning and development process for new residential
Page 181
projects is important for purposes of protecting the public health, safety, and welfare. Therefore,
this Amendment is needed to ensure that the City does not have a housing shortfall as of October
15, 2021.
g. The findings set forth in this Resolution reflect the independent judgment of
the City Council.
3. Determination. Based on the findings set forth in this Ordinance and the totality of
the administrative record before it, the City Council hereby approves Planned Community
Amendment DRC2021-00284. Assessor’s Parcel Numbers (APN) 107742251, 107742255,
107742298, 107742299, 107742301, 107742302, 109012117, 109012118, 109012120, 109012121,
109012122, 109012138, and 109012139 are hereby rezoned to Mixed Use - Urban Corridor (MU-
UCR) and exempt from all inconsistent requirements of the Terra Vista Planned Community. The
development standards applicable to these parcels shall be the development standards set forth in
Section 17.36.020 of the Rancho Cucamonga Municipal Code, which reads as follows:
17.36.020 Development standards for mixed use-urban corridor zoning districts.
A. Purpose and applicability. The purpose of this section is to establish minimum
development standards that are unique to development projects within the city’s Mixed Use
Urban Corridor Zoning District. Development standards in this section apply to all land
designated on the zoning map within a Mixed Use Urban Corridor Zoning District and are
intended to be consistent with and implement the general plan.
TABLE 17.36.020-2 DEVELOPMENT STANDARDS FOR MIXED USE ZONING DISTRICTS
Development
Standard MU-UCR(9)
Site/Lot Area
(minimum) (1) n/a
Lot Width/Depth
(minimum) n/a
Allowed Density
(dwelling units per
acre)
Minimum Density n/a
Maximum Density 36-60
units/acre
Land Use Mix (2)(3)
Project shall
incorporate a
minimum of two
of the following
types of land
uses:
Commercial,
Office,
Institutional,
Residential,
Live/Work
Setbacks (4)(5)
Street Yard
(Major/Special
Boulevard)
0 – 10 ft.
Street Yard
(Secondary/Collector) 0 – 10 ft.
Street Yard (Local
Streets) 0 – 10 ft.
Page 182
Development
Standard MU-UCR(9)
Rear Yard (adjacent
to residential)
Match rear yard
setback
requirements of
adjacent base
district
Rear Yard (adjacent
to commercial or
industrial) 0 feet
Interior Side
(adjacent to
residential)
Match side yard
setback
requirements of
adjacent base
district
Interior Side
(adjacent to
commercial or
industrial)
5 feet
Distance Between
Buildings
Primary Buildings
Minimum per
Building Code
requirements
Accessory Buildings
Not to exceed
primary building
height
Open Space
Requirement
(minimum
percentage of open
space per parcel or
project)
Landscape Area
(overall net area) 10% minimum
Open Space
Requirements
Minimum of 150
square feet/unit;
See Section
17.36.020 (D) for
additional
requirements
Recreation
Area/Facility
Required per
Section
17.36.010 (E)
Parking
Requirement
Parking Spaces See Table
17.64.050-1;
NOTE: A
parking study is
required for all
Mixed Use
projects per
Section
17.64.060(D)
Page 183
Development
Standard MU-UCR(9)
Accessory Dwelling
Units
Allowed per
Chapter 17.100
(Accessory
Table Notes:
(1) On existing lots of record, parcels less than three (3) acres or less than the required minimum frontage may only be
developed at the lowest end of the permitted density range.
(2) Lot sizes less than one-half (1/2) acre are not subject to land use mix requirement.
(3) The precise amount of two or more land uses in a mixed use development is determined on a case by case basis, at the
discretion of the Planning Director.
(4) Setbacks are measured between the structure and curb face in front yards and corner side yards. Setbacks are measured
between the structure and property line in rear yards and interior side yards.
(5) Shall apply to buildings, parking and landscaping.
(6) Must meet minimum Building Codes.
(7) All buildings within one hundred (100) feet of LM, L, or VL Districts shall not exceed twenty-five feet (25’); however, there may
be areas where the maximum building height may be required to be less than the cited maximum, and shall be determined on a
case by case basis.
(8) For mixed use development of any type see the streetscape setbacks in Table 17.36.010-3 that apply to Attached Single-
Family Residential and Multi-Family Residential.
(9) Permitted land uses within the Urban Corridor Zoning District are governed by the Rancho Cucamonga Municipal Code
Chapters 17.30 and 17.32.
4. In the event of any conflict between the Terra Vista Planned Community and the
applicable provisions of Section 17.32.020 of the Rancho Cucamonga Municipal Code, the
provisions of the Municipal Code shall control.
5. The Planning Director is directed to take all actions necessary to document this
Amendment in the Terra Vista Planned Community.
6. The City Council declares that, should any section, subsection, subdivision,
sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect
the validity of the remaining portions of this Ordinance. The City Council hereby declares that it
would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause,
phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections,
subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or
unconstitutional.
7. The City Clerk shall certify to the adoption of this Ordinance and shall cause the
same to be published in the manner required by law.
APPROVED AND ADOPTED THIS ____ DAY OF ____ 2021.
CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA
BY:
L. Dennis Michael, Mayor
Page 184
I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the
foregoing Ordinance was introduced at a regular meeting of the City Council held on the 1st day of
September 2021, by the following vote-to-wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ATTEST:
City Clerk of the City of Rancho Cucamonga
Page 185
ORDINANCE NO. 985
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ADOPTING PLANNED
COMMUNITY AMENDMENT DRC2021-00285 TO AMEND THE
VICTORIA PLANNED COMMUNITY TO REZONE SIX PARCELS
WITHIN THE SPECIFIC PLAN TO THE NEW URBAN CENTER
ZONING DISTRICT, ADOPTING AN ADDENDUM TO THE
GENERAL PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT, AND MAKING FINDINGS IN SUPPORT THEREOF
A.Recitals.
1.The City of Rancho Cucamonga is required by law to update the Housing Element of
its General Plan for the planning period of October 2021 through October 2029. In connection with
that requirement, the City is currently in the process of updating its Housing Element as part of the
PlanRC General Plan process. The City is on track to adopt the new General Plan, including the
Housing Element, in accordance with the deadlines set forth in State law.
2.Current housing law states that if a city cannot show that it has the capacity to
accommodate the Regional Housing Needs Assessment (RHNA) based on its existing planning and
zoning framework as of October 15, 2021, the city is considered to have a “shortfall” in capacity. If
a city has a shortfall, the city then must include a program in its housing element to rezone specific
sites to show capacity to meet the shortfall based on new zoning standards for specific sites. The
rezoning program for sites used to demonstrate capacity for the very low and low income RHNA
allocations must rezone those sites to create a “by-right” process for developments that include 20
percent of the units for lower income households.
3.The City is proposing to amend its current General Plan, Development Code, Zoning
Map and related special planning documents for selected parcels to ensure that enough sites are
zoned to meet the RHNA requirements by October 15, 2021 and to avoid the shortfall. The City has
prepared a set of amendments for this purpose, including Specific Plan Amendment DRC2021-
00285 as described in the title of this Ordinance (the “Amendment”).
4.The Amendment proposes to amend the Victoria Planned Community to rezone six
parcels within the Specific Plan to the new Urban Center Zoning district and to establish
development standards and permitted uses for the Urban Center Zoning District. Specifically, the
proposed Amendment would amend the Victoria Planned Community to rezone Assessor’s Parcel
Numbers (APN) 22902168, 22902169, 22902170, 22902171, 229021172, and 229021173 to Mixed
Use - Urban Center (MU-UCT).
5.Concurrent with this Amendment, the City has prepared General Plan Amendment
DRC 2021-00281, Municipal Code Amendment DRC2021-0028, Zoning Map Amendment
DRC2021-00283, Planned Community Amendment DRC2021-00284, and Master Plan Amendment
DRC2021-00286. The collective purpose of these amendments is to ensure that enough sites
within the City are zoned to meet the RHNA requirements by October 15, 2021, and to avoid any
shortfall.
6.On August 11, 2021, the Planning Commission of the City of Rancho Cucamonga
conducted a noticed public hearing on the Amendment and concluded said hearing on that date.
Attachment 3Page186
7. On September 1, 2021, the City Council conducted a duly noticed public hearing on
the Amendment, and all interested persons were given an opportunity to present oral and written
evidence regarding the Amendment and the addendum to the General Plan Program Environmental
Impact Report (SCH #2000061027), and concluded said hearing on that date.
8. All legal prerequisites prior to the adoption of this Ordinance have occurred.
B. Ordinance.
NOW, THEREFORE, it is hereby found, determined, and ordained by the City Council of the
City of Rancho Cucamonga as follows:
1. Recitals. 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.
2. Findings. Based upon the substantial evidence presented to the City Council during
the above-referenced public hearing on September 1, 2021, including written and oral staff reports,
together with public testimony, the City Council hereby specifically finds as follows:
a. The Victoria Planned Community amendment identified herein has been
processed, including, but not limited to, public notice, in the time and manner prescribed by State
and local law, including the California Environmental Quality Act (“CEQA”).
b. Pursuant to the CEQA and the City’s local CEQA Guidelines, an addendum
to the General Plan Program Environmental Impact Report (SCH #2000061027) has been
prepared. The addendum concludes that the proposed Amendment and other amendments
intended to create sufficient housing capacity do not result in any new significant environmental
effects or a substantial increase in the severity of previously identified significant effects beyond
what was analyzed in the certified EIR. No new information has become available and no
substantial changes to the circumstances under which implementation of the General Plan was
being undertaken since the certification of the EIR have occurred. The proposed Amendment would
not substantially increase the severity of effects relative to the environmental topics analyzed in the
Certified EIR, nor would the project require new mitigation measures or alternatives. As a
consequence, a. Based on this evidence and all the evidence in the record, the City Council
concurs with the Planning Commission and Planning Department staff’s determination that the
Amendment will not have a significant effect on the environment and an addendum is the
appropriate level of environmental review under CEQA. The City Council has considered the
proposed addendum attached to the staff report accompanying the Amendment, along with the
General Plan Program Final EIR, and hereby adopts the addendum.
c. The Amendment is consistent with the direction, goals, policies, and
implementation programs of the adopted General Plan, including without limitation, the Land Use
Element thereof (as amended), and will provide for development in a manner consistent with the
General Plan.
d. The land use and development regulations within the Amendment are
comparable in breadth and depth to similar zoning regulations contained in the Development Code.
The proposed Amendment will ensure that higher density, mixed use development is concentrated
along major corridors within the City, similar to other zoning adopted by the City Council.
e. The administration and permit processes within the Amendment are
consistent with the administration and permit processes of the Development Code.
Page 187
f. The City Council finds that the Amendment serves the important purpose of
providing sufficient opportunities for housing development within the City to meet demand at all
income levels in accordance with its assigned RHNA. The City Council further finds that
maintaining some local control over the planning and development process for new residen tial
projects is important for purposes of protecting the public health, safety, and welfare. Therefore,
this Amendment is needed to ensure that the City does not have a housing shortfall as of October
15, 2021.
g. The findings set forth in this Resolution reflect the independent judgment of
the City Council.
3. Determination. Based on the findings set forth in this Ordinance and the totality of
the administrative record before it, the City Council hereby approves Planned Community
Amendment DRC2021-00285. Assessor’s Parcel Numbers (APN) 22902168, 22902169,
22902170, 22902171, 229021172, and 229021173 are hereby rezoned to Mixed Use - Urban
Center (MU-UCT) and exempt from all inconsistent requirements of the Victoria Planned
Community. The development standards applicable to these parcels shall be the development
standards set forth in Section 17.36.020 of the Rancho Cucamonga Municipal Code, which reads as
follows:
17.36.020 Development standards for mixed use urban center zoning districts.
A. Purpose and applicability. The purpose of this section is to establish minimum
development standards that are unique to development projects within the city’s Mixed Use
Urban Center Zoning District. Development standards in this section apply to all land
designated on the zoning map within a Mixed Use Urban Center Zoning District and are
intended to be consistent with and implement the general plan.
TABLE 17.36.020-1 DEVELOPMENT STANDARDS FOR MIXED USE ZONING DISTRICTS
Development
Standard MU-UCT
Site/Lot Area
(minimum) (1) n/a
Lot Width/Depth
(minimum) n/a
Allowed Density
(dwelling units per
acre)
Minimum Density n/a
Maximum Density 40-100
units/acre
Land Use Mix (2)(3)
Project shall
incorporate a
minimum of two
of the following
types of land
uses:
Commercial,
Office,
Institutional,
Residential,
Live/Work
Setbacks (4)(5)
Page 188
Development
Standard MU-UCT
Street Yard
(Major/Special
Boulevard)
0 – 5 ft.
Street Yard
(Secondary/Collector) 0 – 5 ft.
Street Yard (Local
Streets) 0 – 5 ft.
Rear Yard (adjacent
to residential)
Match rear yard
setback
requirements of
adjacent base
district
Rear Yard (adjacent
to commercial or
industrial) 0 feet
Interior Side
(adjacent to
residential)
Match side yard
setback
requirements of
adjacent base
district
Interior Side
(adjacent to
commercial or
industrial)
5 feet
Distance Between
Buildings
Primary Buildings
Minimum per
Building Code
requirements
Accessory Buildings
Minimum per
Building Code
requirements
Building Height
(maximum in feet) (7)
Primary Buildings 12 stories max.
Accessory Buildings
Not to exceed
primary building
height
Open Space
Requirement
(minimum
Landscape Area
(overall net area) 10% minimum
Open Space
Requirements
Minimum of 150
square
feet/unit; See
Section 17.36.020
(D) for additional
requirements
Page 189
Development
Standard MU-UCT
Recreation
Area/Facility
Required per
Section
17.36.010 (E)
Parking
Requirement
Parking Spaces See Table
17.64.050-1;
NOTE: A
parking study is
required for all
Mixed Use
projects per
Section
17.64.060(D)
Accessory Dwelling
Units
Allowed per
Chapter 17.100
(Accessory
Dwelling Units)
Table Notes:
(1) On existing lots of record, parcels less than three (3) acres or less than the required minimum frontage may only be
developed at the lowest end of the permitted density range.
(2) Lot sizes less than one-half (1/2) acre are not subject to land use mix requirement.
(3) The precise amount of two or more land uses in a mixed use development is determined on a case by case basis, at the
discretion of the Planning Director.
(4) Setbacks are measured between the structure and curb face in front yards and corner side yards. Setbacks are measured
between the structure and property line in rear yards and interior side yards.
(5) Shall apply to buildings, parking and landscaping.
(6) Must meet minimum Building Codes.
(7) All buildings within one hundred (100) feet of LM, L, or VL Districts shall not exceed twenty-five feet (25’); however, there
may be areas where the maximum building height may be required to be less than the cited maximum, and shall be
determined on a case by case basis.
(8) For mixed use development of any type see the streetscape setbacks in Table 17.36.010-3 that apply to Attached Single-
Family Residential and Multi-Family Residential.
(9) Permitted land uses within the Urban Corridor Zoning District are governed by the Rancho Cucamonga Municipal Code
Chapters 17.30 and 17.32.
4. In the event of any conflict between the Victoria Specific Plan and the applicable
provisions of Section 17.32.020 of the Rancho Cucamonga Municipal Code, the provisions of the
Municipal Code shall control.
5. The Planning Director is directed to take all actions necessary to document this
Amendment in the Victoria Specific Plan.
6. The City Council declares that, should any section, subsection, subdivision,
sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect
the validity of the remaining portions of this Ordinance. The City Council hereby declares that it
would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause,
phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections,
subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or
unconstitutional.
Page 190
ORDINANCE NO. ____
SPA DRC2021-00285
____, 2021
Page 6
11231-0001\2569111v4.doc
7. The City Clerk shall certify to the adoption of this Ordinance and shall cause the
same to be published in the manner required by law.
APPROVED AND ADOPTED THIS ____ DAY OF ____ 2021.
CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA
BY:
L. Dennis Michael, Mayor
I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the
foregoing Ordinance was introduced at a regular meeting of the City Council held on the 1st day of
September 2021, by the following vote-to-wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ATTEST:
City Clerk of the City of Rancho Cucamonga
Page 191
DATE:September 15, 2021
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY:Lori Sassoon, Deputy City Manager/Administrative Services
SUBJECT:8:00 P.M. TIME CERTAIN - PUBLIC HEARING #1 - Consideration of
City Council Election District Boundaries, to Include Discussion
Regarding the Redistricting Process, Review of Permissible Criteria to be
Considered to Redraw City Council Election District Boundaries, and
Receiving Public Input on Communities of Interest and Potential District
Boundaries. (CITY)
RECOMMENDATION:
Staff recommends that the City Council receive a report from staff on the redistricting process and
permissible criteria to be considered to redraw district boundaries; and conduct a public hearing
to receive public input on district boundaries.
BACKGROUND:
On November 8, 2016, the voters of Rancho Cucamonga approved Ordinance 887, providing for
the election of four members of the City Council by four districts, with a Mayor elected at large,
and establishing the boundaries and election order of each district. At that time, the Council
districts were drawn using the 2010 Census data as was required by law.
On December 17, 2020, the City Council adopted Resolution 2020-136, adding the recently
annexed area of the Etiwanda Heights Neighborhood and Conservation Plan into Council District
4, pursuant to Elections Code Section 21603.
Every ten years, cities with by-district election systems must use new census data to review and,
if needed, redraw district lines to reflect how local populations have changed. This process, called
redistricting, ensures all districts have nearly equal population.
By law, the City must hold at least four (4) public hearings that enable community members to
provide input on the drawing of district maps. At least one hearing must occur before the city or
county draws draft maps. The fourth hearing can happen either before or after the drawing of draft
maps.
ANALYSIS:
The City must now begin the process of redrawing City Council districts using the 2020 census
data and in compliance with the FAIR MAPS Act, which was adopted by the California legislature
as AB 849 and took effect January 1, 2020.
Under the Act, the council shall draw and adopt boundaries that are substantially equal in
Page 192
Page 2
9
6
0
population, consistent with constitutional requirements, and using the following criteria listed order
of priority in accordance with Elections Code 21601(c):
1. Geographically contiguous
2. Undivided neighborhoods and “communities of interest” (socio-economic geographic
areas that should be kept together)
3. Easily identifiable boundaries
4. Compact (do not bypass one group of people to get to a more distant group of people)
5. The City Council may not adopt a map for the purpose of favoring or discriminating
against a political party
Once the prioritized criteria are met, other traditional districting principles can be considered, such
as:
1. Minimize the number of voters delayed from voting in 2022 to 2024
2. Respect voters’ choices/continuity in office
3. Future population growth
The City has scheduled five (5) hearing dates for the Council Redistricting process, including this
September 15 hearing. All hearings are scheduled to take place at 8:00 pm in the City Council
Chambers:
Wednesday, September 15, 2021
Wednesday, November 3, 2021
Wednesday, January 19, 2022
Wednesday, February 2, 2022
Wednesday, March 2, 2022
The purpose of this Public Hearing #1 is to inform the public about the districting process and to
hear from the community on what factors should be taken into consideration while creating district
boundaries. The City has not yet drafted maps for consideration of the Council and the public.
The public is requested to provide input regarding communities of interest and other local factors
that should be considered while drafting district maps. A community of interest under the relevant
Elections Code for cities Section 21601(c) is “a population that shares common social or
economic interests that should be included within a single district for purposes of its effective and
fair representation.”
In general, possible features defining community of interest might include, but are not limited to:
A. School attendance areas;
B. Natural dividing lines such as major roads, hills, or highways;
C. Areas around parks and other neighborhood landmarks;
D. Common issues, neighborhood activities, or legislative/election concerns; and
E. Shared demographic characteristics, such as:
Page 193
Page 3
9
6
0
(1) Similar levels of income, education, or linguistic isolation;
(2) Languages spoken at home; and
(3) Single-family and multi-family housing unit areas.
At the hearing, National Demographics Corporation, the City’s demographic consultant assisting
with the redistricting effort, will provide a presentation, and staff will discuss possible communities
of interest in Rancho Cucamonga that may be considered during the redistricting process.
Over the coming months, residents are encouraged to visit www.drawrc.org to follow updates on
the redistricting process, review data and materials as they become available, and participate in
the process by offering comments and submitting maps for consideration (mapping tools are not
yet available, as final Census 2020 data is pending; tools will be released later in the Fall). The
next scheduled public hearing will be held on Wednesday, November 3, 2021.
FISCAL IMPACT:
None
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
Conducting this public hearing is in keeping with the City Council’s mission to ensure and advance
the quality of life for the community through inclusive decision making.
ATTACHMENTS:
Attachment 1 – Redistricting Flyer (English)
Attachment 2 – Redistricting Flyer (Spanish)
Page 194
Wednesday, September 15, 2021
Public Hearing #1 - Introduction on redistricting and providing feedback on
communities of interest
Wednesday, November 3, 2021
Public Hearing #2 - Demographer's preliminary analysis; public mapping
tool shared and community invited to submit maps
Wednesday, January 19, 2022
Hearing #3 - Considering draft maps, including submittals by the public
Wednesday, February 2, 2022
Hearing #4 - City Council tentatively selects map
Wednesday, March 2, 2022
Hearing #5 - First reading of the ordinance for adopted map
For more information and mapping tool visit www.DrawRC.org
PUBLIC HEARINGS
Be a voice for your RCcommUNITY!Be a voice for your RCcommUNITY!
GET INVOLVED !GET INVOLVED !
Redistricting is a community effortRedistricting is a community effort
All hearings held in City Council Chambers
10500 Civic Center Dr. Rancho Cucamonga, CA at 8:00 p.m.
Staff reports, demographer presentations and other meeting-related materials will be posted in our Agenda
Center at www.DrawRC.org
Language interpretation and requests for disability-related modification or accommodation, including auxiliary
aids or devices, may be arranged by emailing a request to City.Clerk@CityofRC.us at least 72 hours prior to each
meeting date.ATTACHMENT 1
Page 195
Miércoles, 15 de Septiembre de 2021
Audiencia pública #1 - Introducción sobre la redistribución de distritos y la
retroalimentación de las comunidades de interés
Miércoles, 3 de Noviembre de 2021
Audiencia pública #2 - Análisis preliminar del demógrafo; herramienta de mapeo
pública compartido y comunidad invitada a enviar mapas
Miércoles, 19 de Enero de 2022
Audiencia pública #3- Considerando los borradores de mapas, incluidas las
presentaciones del público
Miércoles, 2 de Febrero de 2022
Audiencia pública #4 - El Ayuntamiento selecciona tentativamente el mapa
Miércoles, 2 de Marzo de 2022
Audiencia pública #5 - Primera lectura de la ordenanza para el mapa adoptado
www.DrawRC.orgPara obtener más información y la herramienta de mapeo, visite
AUDIENCIAS PÚBLICAS
Sea una voz para su RCcommUNITY!Sea una voz para su RCcommUNITY!
INVOLUCRARSE !INVOLUCRARSE !
La redistribución de distritos es un esfuerzo comunitarioLa redistribución de distritos es un esfuerzo comunitario
Todas las audiencias celebradas en las Cámaras del Consejo de la Cuidad
10500 Civic Center Dr. Rancho Cucamonga, CA a las 8:00 p.m.
Los informes del personal, las presentaciones de los demógrafos y otros materiales relacionados con las
reuniones se publicarán en nuestro Centro de Agenda en www.DrawRC.org
La interpretación del idioma y las solicitudes de modificaciones o adaptaciones relacionadas con la
discapacidad, incluidas las ayudas o dispositivos auxiliares, pueden ser arregladas enviando una solicitud por
correo electrónico a City.Clerk@CityofRC.us al menos 72 horas antes de la fecha de cada reunión.ATTACHMENT 2
Page 196
City of Rancho Cucamonga
Introduction to Redistricting 2021
9/15/2021 Todd Tatum
National Demographics Corporation
2
Redistricting Process
2*SB 594 would explicitly confirm maps may be adopted by resolution.
Step Description
Two Initial Hearings
September 16 & November 3
The first hearing held prior to release of draft maps.
Education and to solicit input on the communities in the Districts.
The second hearing comes after the release of the California Data.
Census Data Release
Mid/Late August
Census Bureau releases official 2020 Census population data.
California Data Release
Early October 2021
California Statewide Database releases California’s official ‘prisoner-
adjusted’ 2020 redistricting data.
Three Draft Map
Hearings
January 19 & February 2 &
February 16
Three Public Hearings to discuss and revise the draft maps and to
discuss the election sequence.
Final map could be decided at Final Hearing.
Map Adoption
By April 17, 2022
Final map must be posted at least 7 days prior to adoption.
Map adopted via ordinance.*
3
Equal Population
Federal Voting Rights Act
No Racial Gerrymandering
Minimize voters shifted to
different election years
Respect voters’ choices /
continuity in office
Future population growth
Preserving the core of existing
districts
1. Federal Laws 2. California Criteria for
Cities (rank ordered)
1.Geographically contiguous
2.Undivided neighborhoods and
“communities of interest”
(Socio-economic geographic areas that
should be kept together)
3.Easily identifiable boundaries
4.Compact
(Do not bypass one group of people to
get to a more distant group of people)
Prohibited:
“Shall not favor or discriminate against
a political party.”
3. Other Traditional
Redistricting Principles
3
Redistricting Rules and Goals
4
Demographic Summary of Existing Districts
Estimates using official 2020 demographic data and NDC’s estimated
total population figures.
Each of the 4 districts must contain about 43,613 people.
Rancho Cucamonga -Current Districts
District 1 2 3 4 Total
2020 2020 Census 40,449 44,294 45,069 44,641 174,453
Deviation from ideal -3,164 681 1,456 1,028 4,620
% Deviation -7.26%1.56%3.34%2.36%10.59%
2020 Total Pop
% Hisp 35%47%34%33%37%
% NH White 48%27%31%32%34%
% NH Black 5%11%11%10%9%
% Asian-American 9%11%20%21%16%
Citizen Voting Age Pop
Total 29,900 31,404 30,899 30,648 122,850
% Hisp 30%42%35%33%35%
% NH White 59%35%35%38%42%
% NH Black 4%13%15%12%11%
% Asian/Pac.Isl.6%9%13%16%11%
2010 Total Pop 40,444 42,463 42,337 40,025 165,269
Deviation from ideal -873 1,146 1,020 -1,292 2,438
% Deviation -2.11%2.77%2.47%-3.13%5.9%
Total Pop 2010
% Hisp 30%45%33%32%35%
% NH White 58%34%38%41%43%
% NH Black 5%10%11%12%9%
% Asian-American 6%9%16%14%11%
5
Latino CVAP
There is some concentration of Latinos, African-
Americans, Asian-Americans, or Native Americans
6
African American CVAP
7
Asian American CVAP
8
Defining Neighborhoods
1st Question: What is your neighborhood?
2nd Question: What are its geographic boundaries?
Examples of physical features defining a neighborhood boundary:
Natural neighborhood dividing lines, such as highway or major
roads, rivers, canals and/or hills
Areas around parks or schools
Other neighborhood landmarks
In the absence of public testimony, planning records and other similar
documents may provide definition.
8
9
Beyond Neighborhoods:
Defining Communities of Interest
1st Question: What defines your community?
Geographic Area, plus
Shared issue or characteristic
Shared social or economic interest
Impacted by county policies
Tell us “your community’s story”
2nd Question:Would this community benefit from being “included within a
single district for purposes of its effective and fair representation”?
Or would it benefit more from having multiple representatives?
Definitions of Communities of Interest may not include relationships
with political parties, incumbents, or political candidates.
9
10
Beyond Neighborhoods: Communities
10
Under the California Elections Code, “community of interest” has a very
specific definition in the context of districting and redistricting cities and
counties:
A “community of interest” is a population that shares common social or
economic interests that should be included within a single district for
purposes of its effective and fair representation.
Communities of interest do not include relationships with political parties,
incumbents, or political candidates.
(emphasis added)
Possible Community of Interest:
Historic Zip Codes
Possible Community of Interest:
Specific Plans and GP Communities
Possible Community of Interest:
Major Roads and Freeways
Possible Community of Interest:
Planned Communities
Possible Community of Interest:
Landscape Maintenance Districts (LMDs)
Possible Community of Interest:
Elementary School Boundaries
17
Public Mapping and Map Review Tools
Different tools for different purposes
Different tools for different levels of technical skill and interest
Simple “review draft maps” tool
Easy-to-use “Draw your neighborhood” tool
Paper-and Excel-based simple “Draw a draft map” tools
Whether you use the powerful online mapping tool, excel,
the paper kit, or just draw on a napkin…we welcome your
maps!
18Date
Simple Map Drawing Tool
Paper “Public Participation Kit”
For those without internet
access or who prefer paper
Total Population Counts
only –no demographic
numbers
19
“Public Participation Kit”
For those who know
Excel and do not wish
to use online tools
Adds CVAP data
Excel does the math
Date
Simple Map Drawing Tool + Excel Supplement
20
Simple Map Review Tool
Online Interactive Review Map
ESRI’s “ArcGIS Online” –similar to Google Maps in ease of use
Used to review, analyze and compare maps, not to create them
Includes overlays of “community of interest” and other data
20
21
Your own mapping software?
Feel free to submit using your own mapping
software:
1)A GIS Shapefile and/or a Census Block
equivalency file (w/2020 Census Blocks);
2)A description of the choices and key points of
your map; and,
3)Send to the jurisdiction’s listed
districting/redistricting email address
22
Public Hearing & Discussion
22
What is your neighborhood and what are its boundaries?
What other notable areas are in the City, and what are their
boundaries?
Any questions about the mapping tools?
Discussion on:
“neighborhoods”
“communities of interest . . . that should be included within a single district for
purposes of its effective and fair representation.”
23
Share Your Thoughts
Website
https://drawrc.org
Phone
(909) 774-2023
Email
city.clerk@cityofrc.us
23
9/15/2021 REGULAR CITY COUNCIL – ADDITIONAL CORRESPONDENCE RECEIVED FOR ITEM G1
From: Don Horvatich <valleycycles1@gmail.com>
Sent: Wednesday, September 15, 2021 10:24 AM
To: City Clerk <City.Clerk@cityofrc.us>
Subject: Redistricting
CAUTION: This email is from outside our Corporate network. Do not click links or open attachments
unless you recognize the sender and know the content is safe.
Does this community outreach merely represent the city's ability to "check that box".
Too often these outreach exercises do not result in any change to that which the city had already
decided.
I would love to offer my opinion. Throw in my 2 cents worth. But I am a busy person. And if this is just
another"patronize the public " gimmick....then I have a sock drawrr I need to organize.
Regards
Don Horvatich
9/15/2021 – REGULAR CITY COUNCIL - CORRESPONDENCE RECEIVED FOR PUBLIC HEARING ITEM G1.
From: Kim Earl <skylane075@aol.com>
Sent: Tuesday, September 7, 2021 3:22 PM
To: PIO
Subject: Re: Rancho Cucamonga News - eReporter September 2021
CAUTION: This email is from outside our Corporate network. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
As a resident of Rancho Cucamonga, I participated in the last redistricting process.
I remember several ideas were presented, but most people felt the redistricting map
that was chosen was drawn up by either someone working for the city or someone on
the City Council. It's been awhile, therefore, I don't remember exactly. But, I do remember
residents being unhappy how the district lines were drawn.
I feel it's a waste to even put pen to paper to draw up my ideas. You go with what
the people in charge at the city want. Not necessarily what the residents want.
-----Original Message-----
From: City of Rancho Cucamonga <pio@cityofrc.us>
To:
Sent: Tue, Sep 7, 2021 2:06 pm
Subject: Rancho Cucamonga News - eReporter September 2021
Get the Latest News
SEPTEMBER 2 0 2 1
QUICK
LINKS
• RC Police Department
• Library
• Animal Care & Services
• Healthy RC
• Community
Services
• RC Fire District
CITY COUNCIL REDISTRICTING
#RCcommUNITY! We need your help!
Every 10 years, local governments use new data from the Census to evaluate City
Council district lines to reflect how local populations may have changed. State law
requires cities and counties to engage communities in the redistricting process by
holding public hearings and doing public outreach, including to underrepresented and
non-English-speaking communities. The City of Rancho Cucamonga invites you to get
involved in these efforts. Learn more at www.DrawRC.org
The first City Council Redistricting Public Hearing will be held on Wednesday,
September 15 at 8:00 p.m.
How to participate?
Share your specific thoughts, draw a map, or attend an upcoming public hearing to get
involved!
• Submit written testimony about the process or a specific map to
city.clerk@cityofrc.us.
• To view Public Hearing schedule visit www.drawrc.org/schedule/
• For information on drawing and submitting maps, visit
www.drawrc.org/draw-a-map/
At the hearings, we want you to:
• Share your story
• Define your neighborhood or community of interest
• Explain why redistricting is relevant to your community
• Get the tools you need to draw a map of one council district or of all five
council districts
• Share your opinions of the draft maps
• Talk to your neighbors and local organizations
LEARN MORE
9/11 REMEMBRANCE CEREMONY
DATE:September 15, 2021
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY:Anne McIntosh, AICP, Planning Director
Flavio Nunez, Management Analyst II
SUBJECT:Consideration to Approve the Community Development Block Grant
(CDBG) Program Year 2020-2021 Consolidated Annual Performance and
Evaluation Report (CAPER). (CITY)
RECOMMENDATION:
Staff recommends that the City Council Approve the Community Development Block Grant
(CDBG) Program Year 2020-2021 Consolidated Annual Performance and Evaluation Report
(CAPER), determine that the action is exempt from the California Environmental Quality Act
(CEQA) pursuant to Section 15060(c)(2) of the CEQA Guidelines because it will not result in a
physical change to the environment, directly or indirectly, and authorize City Manager or their
designee to submit Report to the U.S. Department of Housing and Urban Development (HUD).
BACKGROUND:
HUD requires that the City of Rancho Cucamonga prepare and submit a Consolidated Annual
Performance and Evaluation Report (CAPER) to describe the City and it’s subrecipients’ progress
in meeting the goals established in the Program Year 2020-2021 Action Plan. The Program Year
2020-2021 CAPER was prepared and made available per the HUD required 15-day public review
and comment period, which began on August 27, 2021 and concludes with the public hearing
before the City Council on September 15, 2021.
ANALYSIS:
On August 27, 2021, the City published a notice informing the general public that the Draft 2020-
2021 CAPER would be available for review and comment from August 27, 2021 thru September
15, 2021. The public was informed of the opportunity to provide oral and/or written comments on
the CAPER. To date, no public comments have been received. Additionally, the CDBG Citizen
Participation Plan requires that a public hearing be held to receive comments from interested
parties regarding the CAPER. This public hearing addresses the CDBG citizen participation
requirement. The 2020-2021 CDBG allocation from HUD was $1,027,974, which together with
Program Income from prior year totaled $1,346,469 for this Program reporting period.
The accomplishments for this year include, but are not limited to, implementation of various public
service programs such as senior services, fair housing services, housing rehabilitation and
homeless shelters. A more detailed explanation of these accomplishments can be found in the
attached Draft 2020-2021 CAPER.
All of the activities funded during the program year are listed in Table 1, including the
Page 197
Page 2
9
6
6
amount of CDBG funds allocated to the activity and the amount during the program year. Table 2
provides the numeric accomplishment goal and actual accomplishments as of June 30, 2021.
Table 1 – Use of CDBG funds
Strategic Plan Goal / Activity Source Allocation
Spent
through
6/30/20
Percent
Spent
1. Fair Housing Services
IFHMB - Fair Housing Services CDBG $20,000 $20,000 100.0%
Subtotal $20,000 $20,000 100.0%
2. Public Services
RC CMO: Bringing Health Home CDBG $17,628 $17,574.31 99.5%
RC CMO: CASA CDBG $11,372 $11,372 100.0%
RC CSD: Food Bank CDBG $15,000 $10,142.11 67.6%
RC CSD: Senior Activities CDBG $14,000 $13,622.99 97.3%
RC PW: Graffiti Removal CDBG $15,000 $10,492.34 69.9%
House of Ruth: Domestic Violence
Services and Protection CDBG $10,000 $10,000 100.0%
FSA: Senior Nutrition CDBG $15,000 $15,000 100.0%
FFS: Help Desk CDBG $7,500 $7,500 100.0%
FFS: 120-day Stepping Stones CDBG $7,500 $7,500 100.0%
Inland Valley Hope Partners: Food
Security / Family Stabilization CDBG $15,000 $15,000 100.0%
YMCA: Senior Transportation CDBG $20,000 $0.00 0.0%
Subtotal $148,000 $118,203.75 79.9%
3. Affordable Housing
Preservation
RC PD: Home Improvement Program CDBG $399,876 $145,902.65 36.5%
Subtotal $399,876 $145,902.65 36.5%
4. Public Facilities and
Infrastructure Improvements
RC PW: Sidewalk Grinding CDBG $45,700 $25,974.74 56.8%
RC ES: School Crosswalk
Improvements CDBG $247,300 $0.00 0.0%
RC ES: Westerly Sidewalk
Improvements CDBG $240,000 $0.00 0.0%
RC ES: Foothill Sidewalk
Improvements CDBG $10,000 $0.00 0.0%
RC ES: Pecan Ave Street
Improvements CDBG $25,000 $9,865.00 39.5%
RC ES: Whittram Street
Improvements CDBG $25,000 $12,815.00 51.3%
Subtotal $593,000 $48,654.74 8.2%
5. Planning and Administration
CDBG Program Administration CDBG $185,593 $123,257.61 66.4%
Subtotal $185,593 $123,257.61 66.4%
Total $1,346,469 $456,018.75 33.9%
Page 198
Page 3
9
6
6
Table 2 – Program Year Accomplishments by Strategic Plan Goal
Strategic Plan Goal / Activity Unit of
Measure Expected Actual
1. Fair Housing Services
IFHMB - Fair Housing Services People 400 562
2. Public Services
RC CMO: Bringing Health Home People 60 63
RC CMO: CASA People 150 68
RC CSD: Food Bank People 400 526
RC CSD: Senior Activities People 150 100
RC PW: Graffiti Removal People
House of Ruth: Domestic Violence Services and
Protection People 100 111
FSA: Senior Nutrition People 525 474
FFS: Help Desk People 75 182
FFS: 120-day Stepping Stones People 18 57
Inland Valley Hope Partners: Food Security /
Family Stabilization People 275 164
YMCA: Senior Transportation People 120 0
3. Affordable Housing Preservation
RC PD: Home Improvement Program Household
Unit 25 4
4. Public Facilities and Infrastructure
Improvements
RC PW: Sidewalk Grinding People 16,330 16,330
RC ES: School Crosswalk Improvements People 16,330 0
RC ES: Westerly Sidewalk Improvements People 16,330 0
RC ES: Foothill Sidewalk Improvements People 16,330 0
RC ES: Pecan Ave Street Improvements People 16,330 16,330
RC ES: Whittram Street Improvements People 16,330 16,330
5. Planning and Administration
CDBG Program Administration N/A N/A N/A
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California Environmental
Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or
reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity
is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to
Page 199
Page 4
9
6
6
the environment, directly or indirectly.
FISCAL IMPACT:
There is no fiscal impact to the City’s General Fund associated with the submission of the CAPER
to HUD. The cost related to the development and submission of this report are absorbed by the
administration funds set aside from the grant monies.
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
While approval of the CAPER is not a specific goal of the City Council, this action does help carry
out the Council’s core values. This action allows the City to work towards promoting and
enhancing a safe and healthy community for all.
ATTACHMENTS:
Attachment 1 – Draft 2020-2021 Consolidated Annual Performance and Evaluation Report
(CAPER)
Page 200
Draft Consolidate d
Annual Performance
& Evaluation Report
FY2020-2021
P u b lic R e vie w & Comment
September 15, 2021
Attachment 1 Page 201
City of Rancho Cucamonga i 2020-2021 CAPER
This page intentionally left blank
Page 202
City of Rancho Cucamonga ii 2020-2021 CAPER
Table of Contents
Table of Contents .................................................................................................................................... ii
Version History ....................................................................................................................................... iii
Evaluation of Performance ................................................................................................................... - 1 -
CR-05 - Goals and Outcomes .......................................................................................................... - 1 -
CR-10 - Racial and Ethnic composition of families assisted ................................................................... 8
CR-15 - Resources and Investments 91.520(a) .................................................................................... 9
CR-20 - Affordable Housing 91.520(b) ............................................................................................... 11
CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) ......................... - 14 -
CR-30 - Public Housing 91.220(h); 91.320(j) .................................................................................. - 17 -
CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j) ........................................................................... - 18 -
CR-40 - Monitoring 91.220 and 91.230 .......................................................................................... - 22 -
CR-45 - CDBG 91.520(c) .............................................................................................................. - 24 -
Tables
Table 1 - Accomplishments – Program Year & Strategic Plan to Date .................................................. - 2 -
Table 2 - Assistance to Racial and Ethnic Population by Source of Funds .................................................. 8
Table 3 - Resources Made Available ........................................................................................................ 9
Table 4 - Identify the geographic distribution and location of investments .................................................. 9
Table 5 - Number of Households ........................................................................................................... 11
Table 6 - Number of Households Supported........................................................................................... 11
Table 7 - Number of Households Served ................................................................................................ 13
Page 203
City of Rancho Cucamonga iii 2020-2021 CAPER
Version History
No. Summary of Changes
1
Published Draft for Public Comment: 8/27/21 Sent to HUD for Approval:
Conducted Public Hearing: 9/15/21 Approved by HUD:
Original 2020-2021 Consolidated Annual Performance and Evaluation Report (CAPER).
Page 204
City of Rancho Cucamonga - 1 - 2020-2021 CAPER
Evaluation of Performance
CR-05 - Goals and Outcomes
Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a)
This 2020-2021 Consolidated Annual Performance and Evaluation Report (CAPER) is the City of Rancho
Cucamonga’s report to the U.S. Department of Housing and Urban Development (HUD) describing the use
of federal Community Development Block Grant (CDBG) funds. The CDBG program provides a wide range
of eligible activities that provide decent housing, suitable living environments and expanded economic
opportunities for low- and moderate-income persons.
The five-year Consolidated Plan establishes priorities and goals used to guide decisions about the specific
projects and activities that receive CDBG funding every year in the Annual Action Plan. The City of Rancho
Cucamonga implements some projects and activities directly and awards grants or loans to non-profit or
public organizations that implement programs in furtherance of the Consolidated Plan goals.
This CAPER provides the City’s progress report for the first Program Year of the 2020-2024 Consolidated
Plan, covering the period from July 1, 2020, to June 30, 2021. For the 2020-2021 Program Year, the City
received $1,027,974 of CDBG funds from HUD. When combined with program income and available prior
year resources, the 2020-2021 Action Plan allocated $1,346,469 of CDBG funds to local projects. Together
with other federal, state and local investments, HUD resources allowed the City and its partners to address
the high priority needs identified in the 2020-2024 Consolidated Plan.
Table 1 provides a summary of the five-year goals, one-year gals, and one-year accomplishments for the
period ending June 30, 2021, arranged by each of the Strategic Plan Goals included in the 2020-2024
Strategic Plan of the Consolidated Plan.
Page 205
City of Rancho Cucamonga - 2 - 2020-2021 CAPER
Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and
explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g)
Table 1 - Accomplishments – Program Year & Strategic Plan to Date
Goal Category 20-21
Amount Indicator Unit of
Measure
5-Year Strategic Plan 2020-2021 Program Year 1
Expected Actual Percent
Complete Expected Actual Percent
Complete
Fair Housing
Services
Affordable
Housing $20,000
Public service
activities other than
low-mod income
housing benefit
Other 2,000 562 28.1% 400 562 140.5%
Public
Services
Non-Housing
Community
Development
$148,000
Public service
activities other than
low-mod income
housing benefit
Persons
assisted 5,000 1,745 34.9% 1,000 1,745 174.5%
Affordable
Housing
Preservation
Affordable
Housing $399,876 Homeowner housing
rehabilitated
Household
housing
unit
100 4 4% 25 4 16%
Public
Facilities and
Infrastructure
Improvements
Non-Housing
Community
Development
$593,000
Public facility or
infrastructure
activities other than
low-mod income
housing benefit
Persons
assisted 25,000 16,330 65.3% 5,000 16,330 326%
Page 206
City of Rancho Cucamonga 3 2020-2021 CAPER
Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and
specific objectives identified in the plan, giving special attention to the highest priority
activities identified.
Each of the housing, public service, and capital improvement activities receiving CDBG funds in the
City’s Action Plan address specific high priority needs identified in the 2020-2024 Consolidated Plan.
Table 1 on the previous page provides a summary of the City’s accomplishments and the one- and
five-year goals of the 2020-2021 Action Plan and the 2020-2024 Consolidated Plan, respectively, as
of June 30, 2021. Based on the information in Table 1, the City and its housing and community
development partners made progress towards each of the goals included in the 2020-2021 Action
Plan.
The 2020-2021 Action Plan addresses each of the high priority needs identified in the 2020-2024
Consolidated Plan. The program accomplishments for each category are discussed below:
• Fair Housing Services: Inland Fair Housing and Mediation Board provided 562 Rancho
Cucamonga residents with fair housing and landlord-tenant mediation services.
• Public Services: Four non-profit organizations and two City Departments provided a range of
services to Rancho Cucamonga seniors, survivors of domestic violence, and low- and
moderate-income families including but not limited to providing meals to 474 elderly
individuals, homeless prevention services to 239 people, domestic violence shelter and
counseling services for 111 Rancho Cucamonga residents, access to food bank services for
690 residents, nutritional health services to 131 people, and skilled care for 100 Rancho
Cucamonga homebound seniors.
• Affordable Housing Preservation: The City of Rancho Cucamonga Home Improvement
Program completed 4 housing rehabilitations for low- and moderate-income homeowners to
address deficient housing conditions.
• Public Facilities and Infrastructure Improvements: Each of the six public facilities and
infrastructure improvement projects approved in the 2020-2021 Action plan were delayed
because of COVID-19 public health orders. The projects have resumed and will be completed
during the 2021-2022 Program Year. More specifically the School Crosswalk Improvements
and Westerly Sidewalk Improvements projects are anticipated to be completed during the
first quarter of this year, with initial payments to the contractor occurring on September 1,
2021. The City will hold the retention payment until the final inspection is completed. As such,
both of these activities will be marked complete in the subsequent CAPER.
Each of the activities that were underway during the 2020-2021 Program Year are listed in Figure 1
on the following page, including the amount of CDBG funds allocated to the activity and the amount
spent as of June 30, 2021. Figure 2 provides the numeric accomplishment goal for each activity and
the level of accomplishment as of June 30, 2021.
Page 207
City of Rancho Cucamonga 4 2020-2021 CAPER
Figure 1 - Use of CDBG Funds
Strategic Plan Goal / Activity Source Allocation Spent through
6/30/20
Percent
Spent
1. Fair Housing Services
IFHMB - Fair Housing Services CDBG $20,000 $20,000 100.0%
Subtotal $20,000 $20,000 100.0%
2. Public Services
RC CMO: Bringing Health Home CDBG $17,628 $17,574.31 99.5%
RC CMO: CASA CDBG $11,372 $11,372 100.0%
RC CSD: Food Bank CDBG $15,000 $10,142.11 67.6%
RC CSD: Senior Activities CDBG $14,000 $13,622.99 97.3%
RC PW: Graffiti Removal CDBG $15,000 $10,492.34 69.9%
House of Ruth: Domestic Violence
Services and Protection CDBG $10,000 $10,000 100.0%
FSA: Senior Nutrition CDBG $15,000 $15,000 100.0%
FFS: Help Desk CDBG $7,500 $7,500 100.0%
FFS: 120-day Stepping Stones CDBG $7,500 $7,500 100.0%
Inland Valley Hope Partners: Food
Security / Family Stabilization CDBG $15,000 $15,000 100.0%
YMCA: Senior Transportation CDBG $20,000 $0.00 0.0%
Subtotal $148,000 $118,203.75 79.9%
3. Affordable Housing Preservation
RC PD: Home Improvement Program CDBG $399,876 $145,902.65 36.5%
Subtotal $399,876 $145,902.65 36.5%
4. Public Facilities and Infrastructure
Improvements
RC PW: Sidewalk Grinding CDBG $45,700 $25,974.74 56.8%
RC ES: School Crosswalk
Improvements CDBG $247,300 $0.00 0.0%
RC ES: Westerly Sidewalk
Improvements CDBG $240,000 $0.00 0.0%
RC ES: Foothill Sidewalk
Improvements CDBG $10,000 $0.00 0.0%
RC ES: Pecan Ave Street
Improvements CDBG $25,000 $9,865.00 39.5%
RC ES: Whittram Street Improvements CDBG $25,000 $12,815.00 51.3%
Subtotal $593,000 $48,654.74 8.2%
5. Planning and Administration
CDBG Program Administration CDBG $185,593 $123,257.61 66.4%
Subtotal $185,593 $123,257.61 66.4%
Total $1,346,469 $456,018.75 33.9%
NOTE: Some CDBG expenditures are subject to change during the first week of September as the City
accrues expenses for 2020-2021. This table will be updated prior to submission to HUD.
Page 208
City of Rancho Cucamonga 5 2020-2021 CAPER
Figure 2 - Program Year Accomplishments by Strategic Plan Goal
Strategic Plan Goal / Activity Unit of
Measure Expected Actual
1. Fair Housing Services
IFHMB - Fair Housing Services People 400 562
2. Public Services
RC CMO: Bringing Health Home People 60 63
RC CMO: CASA People 150 68
RC CSD: Food Bank People 400 526
RC CSD: Senior Activities People 150 100
RC PW: Graffiti Removal People
House of Ruth: Domestic Violence Services and
Protection People 100 111
FSA: Senior Nutrition People 525 474
FFS: Help Desk People 75 182
FFS: 120-day Stepping Stones People 18 57
Inland Valley Hope Partners: Food Security / Family
Stabilization People 275 164
YMCA: Senior Transportation People 120 0
3. Affordable Housing Preservation
RC PD: Home Improvement Program Household Unit 25 4
4. Public Facilities and Infrastructure Improvements
RC PW: Sidewalk Grinding People 16,330 16,330
RC ES: School Crosswalk Improvements People 16,330 0
RC ES: Westerly Sidewalk Improvements People 16,330 0
RC ES: Foothill Sidewalk Improvements People 16,330 0
RC ES: Pecan Ave Street Improvements People 16,330 16,330
RC ES: Whittram Street Improvements People 16,330 16,330
5. Planning and Administration
CDBG Program Administration N/A N/A N/A
NOTE: The actual goals figure represents the number of unduplicated persons assisted. Some received multiple
or ongoing services throughout the year, such as the clientele for the help desk and food bank programs.
Construction of the School Crosswalk Improvements and Westerly Sidewalk Improvements projects are
anticipated to be completed during the first quarter of the 2021-2022 Program Year. Therefore, those projects
will be reported as “complete” in the 2021-2022 CAPER.
Page 209
City of Rancho Cucamonga 6 2020-2021 CAPER
COVID-19 Allocations
In response to the COVID-19 pandemic, Congress passed the Coronavirus Aid, Relief, and Economic
Securities (CARES) Act and it was signed into law on March 27, 2020 authorizing $2.2 trillion for a
variety of measures to prevent, prepare for, and respond to the COVID-19 pandemic. Under the
CARES Act, HUD provided special allocations of CDBG funds to the City of Rancho Cucamonga. In
total, the City received $1,591,323 of CDBG-CV funds to prevent, prepare for, and respond to the
COVID-19 pandemic.
CDBG-CV funds were used by the City of Rancho Cucamonga to address housing and economic
development needs of Rancho Cucamonga residents. The housing component of these activities
included short-term rental and utility assistance to income eligible households. The economic
development components included financial assistance in the form of grants to small businesses and
microenterprises.
Pursuant to the CARES Act, HUD awarded formula grant allocations of CDBG-CV funds to CDBG
entitlement jurisdictions in two funding rounds. Several months elapsed between funding
announcements. Accordingly, it was necessary for the City to amend its 2019-2020 Action Plan three
times over a one-year period to receive CARES Act funds as follows:
• On August 5, 2020, the City Council approved Amendment No.1 to the 2019-2020 Action
Plan to authorize the use of the first allocation of CDBG-CV funds in the amount of $604,816
for programs to address housing insecurity;
• On November 18, 2020, the City Council approved Amendment No. 2 to the 2019-2020
Action Plan to authorize the use of the second allocation of CDBG-CV funds in the amount of
$986,507 for programs to address economic insecurity; and
• On July 16, 2021, the City completed a minor amendment to the 2019-2020 Action Plan to
recalibrate the budgets of the small business and microenterprise assistance activities based
on the level of demand for each of the respective programs.
CDBG-CV funds must be fully spent by June 24, 2026. The City of Rancho Cucamonga made
significant progress toward the expenditure goal during the 2020-2021 Program Year. Each of the
CDBG-CV activities approved by the City Council are summarized in Figures 3 and 4 on the following
pages.
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City of Rancho Cucamonga 7 2020-2021 CAPER
Figure 3 - Use of CDBG-CV Funds
Strategic Plan Goal / Activity Source Allocation Spent through
6/30/20
Percent
Spent
1. COVID-19 Response
Emergency Housing Assistance CDBG-CV $932,823 $849,763.92 91.1%
Small Business Assistance CDBG-CV $858,500 $0 0%
Microenterprise Assistance CDBG $128,007 $0 0%
Total $1,919,330 $849,763.92 44.3%
NOTE: All activities are from the 2019-2020 CDBG-CV Action Plan amendments. The Small Business
and Microenterprise activities were launched in April of 2021 and will not report accomplishments
until October 10, 2021.
Figure 4 - Program Year Accomplishments for COVID-19 Funds
Strategic Plan Goal / Activity Unit of
Measure Expected Actual
1. COVID-19 Response
Emergency Housing Assistance Households 139 175
Small Business Assistance Jobs 38 0
Microenterprise Assistance Businesses 11 0
NOTE: All activities are from the 2019-2020 CDBG-CV Action Plan amendments. The Small Business and
Microenterprise activities were launched in April of 2021 and will not report accomplishments until October
10, 2021.
Page 211
City of Rancho Cucamonga 8 2020-2021 CAPER
CR-10 - Racial and Ethnic composition of families assisted
Describe the families assisted (including the racial and ethnic status of families assisted).
91.520(a)
Table 2 - Assistance to Racial and Ethnic Population by Source of Funds
*Note: The data in this table is supplied by HUD’s database and reports from the Inland
Fair Housing and Mediation Board. The figures in this table represent the sum of the
reported number of people, families, households, or housing units reported during the
Program Year, without regard to the number of people in each family, household or housing
unit.
Narrative
Table 2 provides an aggregate of race and ethnicity data for the combined number of people, families,
households, or housing units served during the Program Year based on accomplishment data from
all CDBG activities reported in HUD’s Integrated Disbursement and Information System (IDIS).
CDBG
White 820
Black or African American 208
Asian 128
American Indian or Alaskan Native 19
Native Hawaiian or Other Pacific Islander 11
American Indian/Alaskan Native & White 7
Asian & White 1
Black or African American & White 2
Other Multi-Racial 148
Total 1,344
Hispanic 429
Non-Hispanic 915
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City of Rancho Cucamonga 9 2020-2021 CAPER
CR-15 - Resources and Investments 91.520(a)
Identify the resources made available
Table 3 - Resources Made Available
Source of Funds Resources Made
Available
Amount Expended
During Program Year
CDBG $1,346,469 $456,018.75
NOTE: This table generated by HUD’s database provides the resources
made available in the 2020-2021 Action Plan and the total CDBG
expenditures during the 2020-2021 Program Year. The amount expended
includes prior year activities that were completed during the 2020-2021
Program Year.
Narrative
The 2020-2021 HUD formula grant resources allocated in the Action Plan for the implementation of
projects are identified in Table 3. The total CDBG resources allocated in the 2020-2021 Action Plan
includes $1,346,469 of CDBG funds. Together with other federal, state, and local investments, these
resources allowed the City and its partners to address the high priority needs identified in the 2020-
2024 Consolidated Plan.
Under the CARES Act, HUD provided special allocations of CDBG funds to the City of Rancho
Cucamonga. In total, the City received $1,591,323 of CDBG-CV funds to prevent, prepare for, and
respond to the COVID-19 pandemic.
Identify the geographic distribution and location of investments
Table 4 - Identify the geographic distribution and location of investments
Target Area Planned Percentage of
Allocation
Actual Percentage of
Allocation
Narrative
Description
Citywide 100% 100% All projects are
citywide
Narrative
During the 2020-2021 Program Year, the City allocated 100 percent of its non-administrative CDBG
funds to projects and activities that benefit low- and moderate-income persons throughout the City
of Rancho Cucamonga. It is important to note that due to the nature of certain public service activities
such as Graffiti Removal and the Farmer’s Market, those are generally limited to the eligible low- and
moderate-income areas, while most other public services are available citywide.
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City of Rancho Cucamonga 10 2020-2021 CAPER
Explain how federal funds leveraged additional resources (private, state and local funds),
including a description of how matching requirements were satisfied, as well as how any
publicly owned land or property located within the jurisdiction that were used to address the
needs identified in the plan.
To address housing and community development needs in Rancho Cucamonga, CDBG entitlement
grants are used to leverage a variety of funding resources to maximize the effectiveness of available
funds. The CDBG public service activities leveraged private, state, and other federal funds to deliver
services for low- and moderate-income people.
During the program year, the City did not identify and did not use any publicly owned land or property
located within the jurisdiction to address the needs identified in the Consolidated Plan. The City does
not currently own land or property that is suitable for use in addressing the needs identified in the
Consolidated Plan. Additional leveraging opportunities include, but are not limited to, those listed
below.
Federal Resources
• Continuum of Care (CoC) Program
• HUD Veterans Affairs Supportive Housing (HUD-VASH)
• Housing Opportunities for Persons with AIDS (HOPWA)
State Resources
• Building Equity and Growth in Neighborhoods Program (BEGIN)
• Multifamily Housing Program (MHP)
• CalHFA Single and Multi-Family Program
Local Resources
• Housing Authority of the County of San Bernardino (HACSB)
• Southern California Home Financing Authority (SCHFA) Funding
Private Resources
• Federal Home Loan Bank Affordable Housing Program (AHP)
• Private Contributions
Matching Requirements
The CDBG program does not require matching funds.
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City of Rancho Cucamonga 11 2020-2021 CAPER
CR-20 - Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the number
and types of families served, the number of extremely low-income, low-income, moderate-
income, and middle-income persons served.
Table 5 - Number of Households
One-Year Goal Actual
Number of Homeless households to be
provided affordable housing units 0 0
Number of Non-Homeless households to
be provided affordable housing units 25 4
Number of Special-Needs households to
be provided affordable housing units 0 0
Total 25 4
Table 6 - Number of Households Supported
One-Year Goal Actual
Number of households supported through
Rental Assistance 0 0
Number of households supported through
The Production of New Units 0 0
Number of households supported through
Rehab of Existing Units 25 4
Number of households supported through
Acquisition of Existing Units 0 0
Total 25 4
Discuss the difference between goals and outcomes and problems encountered in meeting
these goals.
As the City’s housing stock ages, a growing percentage of housing units may need rehabilitation to
allow them to remain safe and habitable. The situation is of particular concern for low- and moderate-
income homeowners who are generally not in a financial position to properly maintain their homes.
As such, preservation of affordable housing was identified as a high priority need in the 2020-2024
Consolidated Plan and Strategic Plan goals were established to provide the framework necessary to
invest CDBG funds to address affordable housing needs including the rehabilitation of existing
homes.
Tables 5 and 6 indicate the number of households supported with affordable housing assistance
through the CDBG program during the 2020-2021 Program Year.
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City of Rancho Cucamonga 12 2020-2021 CAPER
Affordable housing renovations are typically multi-year projects and are subject to the ability to secure
funding from various sources. Often, the ability to meet the anticipated goals is dictated by various
factors that can create disparities between goals and actual outcomes such as: funding availability,
rising costs of raw materials, timing, and project schedules. Unexpected challenges are commonly
encountered during the repair phase of the project which causes delays that impact project delivery.
In addition, the City continues to address affordable housing needs via its participation in the HOME
Consortium and through fair housing services to ensure equal access to housing opportunities for
low- and moderate-income people.
Discuss how these outcomes will impact future annual action plans.
The 2020-2024 Consolidated Plan identified a high priority need to preserve the supply to affordable
housing. During the 2020-2021 Program Year, the City of Rancho Cucamonga invested CDBG funds
in the rehabilitation of 4 owner-occupied housing units.
In future Action Plans, the City anticipates continuing to invest CDBG funds to address the
rehabilitation of existing substandard housing. As community needs change the City may need to
undertake additional activities to best achieve the City's ability to meet its affordable housing
goals. All future Annual Action Plans will provide additional information on any on-going affordable
housing activities and the City will continue to assess and determine affordable housing needs that
best utilize available funding sources.
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City of Rancho Cucamonga 13 2020-2021 CAPER
Include the number of extremely low-income, low-income, and moderate-income persons
served by each activity where information on income by family size is required to determine
the eligibility of the activity.
Table 7 - Number of Households Served
Number of Households Served CDBG Actual
Extremely Low-income 0
Low-income 2
Moderate-income 2
Total 4
Narrative Information
The 2020-2024 Consolidated Plan identified a high priority need to preserve the supply of affordable
owner-occupied housing. To preserve housing that is already affordable to low- and moderate-
income homeowners, the City’s Home Improvement Program provided grants and loans to 4
households during the Program Year. The 4 households served included 2 low-income households
and 2 moderate-income households.
To address what HUD defines as “worst case housing need” the City provided funds in the 2020-
2021 Action Plan for the preservation of the physical and functional integrity of existing housing units
occupied by low- and extremely low-income residents who would otherwise continue to live in
substandard housing because they were not in the financial position to properly maintain their home.
This includes attempts to meet the needs of persons with disabilities by making necessary
improvements which aid the mobility of the elderly and physically disabled such as shower units with
seats, handrails, ramping and reconstructing doorways.
Addressing substandard housing conditions through housing preservation activities is a cost-effective
way to invest limited resources to retain housing units that are already affordable to low- and
moderate-income residents and ensure all economic segments of the community have the
opportunity to live in decent housing.
In addition, the City amended its 2019-2020 Action Plan to utilize CDBG-CV funds to address worst-
case housing needs that resulted from the coronavirus pandemic. This investment included funds for
a rental assistance program that helped 175 households, including 50 extremely low-income
households, 53 low-income households and 72 moderate-income households.
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City of Rancho Cucamonga - 14 - 2020-2021 CAPER
CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c)
Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending
homelessness through:
Reaching out to homeless persons (especially unsheltered persons) and assessing their individual
needs
The most recent San Bernardino County Point-In-Time Homeless Count (PIT Count) conducted in 2020
revealed that on any given night in San Bernardino County, approximately 3,125 people are homeless, up
from 2,607 counted in a prior effort undertaken in 2019. This includes 735 people in shelters and 2,390
people without shelter. In Rancho Cucamonga 48 people were counted who did not have shelter and 6
people counted who were sheltered, for a total of 54 homeless residents, comprising approximately 1.7
percent of San Bernardino County’s homeless population.
To reach out to unsheltered homeless persons and assess their individual needs for the purpose of
connecting them with available emergency shelter and transitional housing resources, the City of Rancho
Cucamonga, through its Housing Services Department provided information and referrals – primarily to the
San Bernardino County Continuum of Care (CoC), United Way 2-1-1, and the organizations receiving CDBG
funds for homelessness prevention activities. The City had a total of 13 contacts, 10 of which were referred
to the CoC. Of those, 8 were provided assistance and 2 were housed.
During the 2020-2021 Program Year, the City awarded three contracts to non-profit organizations using
CDBG funds totaling $25,000 to meet its specific objectives to provide public services that prevent and
eliminate homelessness.
• Foothill Family Shelter: Help Desk (182 residents served)
• Foothill Family Shelter: 120-Day Stepping Stones (57 residents served)
• House of Ruth: Domestic Violence Prevention and Protection (111 residents served)
Additionally, the City’s partnership with the San Bernardino County CoC and Sheriff’s Homeless Outreach
and Proactive Enforcement (HOPE) team provides intensive, field-based engagement services and support
that meets clients and their families where they live. As a result, the City has been able to leverage its
partnerships with the County agencies to bolster its homeless outreach. During Program Year 2019-2020,
the CoC provided 1,316 assessments via its Coordinated Entry System (CES). Moreover, the HOPE team
made 2,146 contacts with homeless individuals resulting in 1,124 people being assisted via its Innovative
Remote Onsite Assistance Delivery (InnROADS) program.
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Addressing the emergency shelter and transitional housing needs of homeless persons
To address the emergency shelter and transitional housing needs of homeless persons, the City continues
to support the Foothill Family Shelter programs that provide transitional housing, counseling, and case
management to individuals experiencing homelessness as well as families at risk of homelessness. During
the Program Year, Foothill Family Shelter served 57 unduplicated persons via its 120-Day Stepping Stones
program.
Additionally, the City supports the House of Ruth’s Walk-In Centers which provide emergency shelter and
supportive services for survivors of domestic violence and their children who have become homeless after
fleeing violent homes. During the Program Year, House of Ruth assisted 111 unduplicated persons.
Helping low-income individuals and families avoid becoming homeless, especially extremely low-
income individuals and families and those who are: likely to become homeless after being
discharged from publicly funded institutions and systems of care (such as health care facilities,
mental health facilities, foster care and other youth facilities, and corrections programs and
institutions); and, receiving assistance from public or private agencies that address housing,
health, social services, employment, education, or youth needs
The COVID-19 pandemic resulted in significant business closures and other disruptions that put Rancho
Cucamonga residents at risk of losing their housing. To address this situation that emerged more than
halfway through the previous Program Year, the Rancho Cucamonga City Council approved a resolution on
March 18, 2020 to address evictions and rent increases within the City. The resolution strongly discouraged
landlords from evicting tenants or increasing rents during the pandemic when non-payment is a result of
COVID-19 and the related mitigation efforts.
To help low-income individuals and families avoid becoming homeless, the City provided $932,823 of CDBG-
CV funds for short-term rental and utility assistance to prevent eviction for residents experiencing housing
insecurity. As a result of these efforts, the City was able to assist 175 households, 50 of which were extremely
low-income who represent the highest risk of becoming homeless.
Additionally, the City supported Inland Valley Hope Partners’ Food Security and Family Stabilization program
which provided 164 families with a five day food supply for all members of their household. More specifically,
these services assisted 143 extremely low-income families by minimizing their food costs thereby enabling
them to utilize their limited resources on other key necessities such as housing, childcare, and transportation.
Inadequate discharge planning and coordination contributes to homelessness in situations where people are
released from public institutions or public systems of care without having an appropriate mainstream or
supportive housing option available upon discharge from an institutional setting. Public institutions such as
jails, hospitals, treatment facilities, mental health facilities, youth facilities, and foster care homes are central
to limiting the creation of newly homeless persons upon discharge.
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In California, discharge coordination and planning is largely unregulated unless county or municipal
ordinances provide rules preventing public institutions from discharging people into homelessness. One of
the goals included in the San Bernardino Ten Year Strategy to End Homelessness is to formalize protocols
and improve the coordination of discharge planning among key institutional systems of care and supervision.
The goal calls for the CoC to close the “front door” to homelessness so that new persons do not find
themselves living in the community without the social and economic support necessary to access and
maintain themselves in a safe environment.
The City coordinated with the CoC and other subrecipients receiving CDBG funds to ensure that its HUD-
funded programs are targeted, to the greatest extent feasible, to address the discharge of persons from
publicly funded institutions or systems of care so that these individuals and families have access to public
services and affordable housing opportunities necessary to prevent homelessness. The City will continue to
explore additional ways to prevent and address homelessness caused by discharge from public institutions.
Helping homeless persons (especially chronically homeless individuals and families, families with
children, veterans and their families, and unaccompanied youth) make the transition to permanent
housing and independent living, including shortening the period of time that individuals and families
experience homelessness, facilitating access for homeless individuals and families to affordable
housing units, and preventing individuals and families who were recently homeless from becoming
homeless again
To address the needs of homeless families, families with children, veterans and their families, the City
provided $25,000 of CDBG funds for public service programs through three contracts with two non-profit
organizations. These programs help individuals and families achieve stability through a housing first
approach.
Each of these programs provide tailored counseling and case management services to people at risk of
homelessness. Each year, Foothill Family Shelter serves approximately 50 unduplicated people through its
120-Day Stepping Stones project and 100 unduplicated persons through its Help Desk program. Similarly,
House of Ruth assists approximately 100 unduplicated people through its domestic violence prevention
services program. When paired with financial counseling, career coaching, and other available case
management services, Rancho Cucamonga’s non-profit partners make certain that individuals and families
have the tools necessary to succeed.
Additionally, the City’s partnership with the San Bernardino County CoC and Sheriff’s Homeless Outreach
and Proactive Enforcement (HOPE) team provides intensive, field-based engagement services and support
that meets clients and their families where they live. As a result, the City has been able to leverage its
partnerships with the County agencies to bolster its homeless outreach. During Program Year 2019-2020,
the CoC provided 1,316 assessments via its Coordinated Entry System (CES). Moreover, the HOPE team
made 2,146 contacts with homeless individuals resulting in 1,124 people being assisted via its Innovative
Remote Onsite Assistance Delivery (InnROADS) program. In Rancho Cucamonga, there was a total of 13
contacts, 10 referrals, 8 individuals assisted, and 2 housed.
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CR-30 - Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing
There are no public housing developments in Rancho Cucamonga. All public housing programs consist of
Housing Choice and Project-Based Housing Choice Vouchers administered by the Housing Authority of the
County of San Bernardino (HACSB). The data presented below is for HACSB and the narrative questions
address the needs for the entire County, with specific references to the City of Rancho Cucamonga.
According to the 2020 Annual Report, the HACSB administered a total of 10,508 Housing Choice Vouchers
combined to serve approximately 24,488 people throughout San Bernardino County. Of those,
approximately 440 or 4.2 percent of all vouchers in San Bernardino County were utilized by low-income
Rancho Cucamonga residents. HACSB monitors all units to ensure they are in adequate condition, meeting
the Section 8 Housing Quality Standards.
Additionally, private development with funding assistance from the Rancho Cucamonga Housing Successor
Agency and tax credit financing through the California Tax Allocation Committee provided for Villa Pacifica II
expansion of 60 senior apartments in May of 2019 and the Day Creek Villas of 140 senior apartments which
were completed in October of 2020.
Actions taken to encourage public housing residents to become more involved in management and
participate in homeownership
The HACSB supports resident councils and actively seeks input from Public Housing Authority (PHA)
residents concerning the management and implementation of HACSB policies and procedures. The City of
Rancho Cucamonga and the HACSB continue to actively promote programs such as the Family Self-
Sufficiency and Homeownership Assistance Programs and actively encourage public housing residents to
explore homeownership opportunities.
As of December 2017, HACSB’s Homeownership program is the second largest in the state by the number
of families participating in the program and is 31st nationwide among nearly 700 agencies with
homeownership programs.
Actions taken to provide assistance to troubled PHAs
Not applicable. The HACSB is designated as a High Performing Public Housing Agency.
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City of Rancho Cucamonga - 18 - 2020-2021 CAPER
CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers
to affordable housing such as land use controls, tax policies affecting land, zoning ordinances,
building codes, fees and charges, growth limitations, and policies affecting the return on residential
investment. 91.220 (j); 91.320 (i)
A barrier to affordable housing is a public policy or nongovernmental condition that constrains the
development or rehabilitation of affordable housing, such as land use controls, property taxes, state
prevailing wage requirements, environmental protection, cost of land and availability of monetary resources.
Barriers to affordable housing are distinguished from impediments to fair housing choice in the sense that
barriers are lawful and impediments to fair housing choice are usually unlawful.
Based on the City’s 2013-2021 Housing Element, the primary barriers to affordable housing in Rancho
Cucamonga continue to be housing affordability and the lack of monetary resources necessary to develop
and sustain affordable housing. The two barriers are related in the sense that demand for affordable housing
exceeds the supply and insufficient resources are available to increase the supply of affordable housing to
meet demand.
To address housing affordability and the lack of monetary resources for affordable housing, the 2020-2024
Consolidated Plan includes strategies that will invest a significant portion of CDBG funds for the rehabilitation
of 100 affordable owner-occupied housing units during the five-year planning period. Although the City no
longer has access to Redevelopment Housing Set-Aside funds, the City will continue to leverage its CDBG
funds to attract private and other available public resources.
Additionally, the City of Rancho Cucamonga adopted an updated Accessory Dwelling Unit (ADU) ordinance
in 2020 that permits the development of ADU’s in any zone where residential development is allowed with
the goal of increasing ADU production. Per the City’s Development Code, an ADU is defined as “an attached
or detached residential dwelling unit which provides complete independent living facilities for one or more
persons. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation on the same
parcel as a single-family or multi-family dwelling is situated.” To date, this has resulted in 10 permits being
issued, with an additional three (3) permits pending final approval, for the development of affordable housing
options. Moreover, the City is in the process of updating its General Plan, which will consider the various
obstacles and barriers to entry resulting from public policies as well as strategies to ameliorate those negative
effects thereby increasing the supply of affordable housing and preserving existing affordable housing in the
City.
Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j)
The primary obstacles to meeting the underserved needs of low- and moderate-income people include lack
of funding from federal, state and other local sources, the high cost of housing that is not affordable to low-
income people, and the lack of availability of home improvement financing in the private lending industry.
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City of Rancho Cucamonga - 19 - 2020-2021 CAPER
To address these obstacles, the City continued to invest CDBG funds through the 2020-2021 Action Plan in
projects that provide assistance to low- and moderate-income homeowners for home improvements, projects
that provide public and neighborhood services to low- and moderate-income people and projects that
prevent homelessness.
To address underserved needs, the City allocated 100 percent of its non-administrative CDBG investments
for Program Year 2020-2021 to projects and activities that benefit low- and moderate-income people.
The City used its CDBG funds to leverage appropriate state, local, and private resources secured by each
non-profit organization providing public services. In addition, the City will seek to leverage other sources of
federal, state, and local resources to compliment CDBG funds in order to meet the underserved needs in the
community.
Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j)
The Residential Lead-Based Paint Hazard Reduction Act of 1992 (Title X) emphasizes prevention of
childhood lead poisoning through housing-based approaches. To reduce lead-based paint hazards, the
rehabilitation of housing units built prior to January 1, 1978 included a lead-based paint testing and risk
assessment process. When lead-based paint was identified, the City ensured that developers and
contractors incorporated safe work practices and depending on the level of assistance, abate the lead-based
paint as part of the scope of work to effectively reduce lead-based paint hazards to children in accordance
with federal regulations. There were no instances of lead-based paint identified during the rehabilitation of
housing units under the Home Improvement Program during program year 2020-2021.
Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j)
During the Program Year, the City supported the following strategies and actions to reduce the number of
poverty-level families:
• Supported housing preservation programs that ensure low- and moderate-income households have
a safe, decent, and appropriate place to live;
• Supported public services through various non-profits funded by CDBG that serve the community’s
youth, seniors, families, and residents with special needs
• Supported a continuum of housing and public service program to prevent and eliminate
homelessness
In addition to these local efforts, mainstream state and federal resources also contributed to reducing the
number of individuals and families in poverty. Federal programs, such as the Earned Income Tax Credit and
Head Start, provide pathways out of poverty for families who are ready to pursue employment and
educational opportunities. Additionally, in California, the primary programs that assist families in poverty are
CalWORKS, CalFresh (formerly food stamps) and Medi-Cal. Together, these programs provided individuals
and families with employment assistance, subsidy for food, medical care, childcare and cash payments to
meet basic needs such as housing, nutrition and transportation. Other services are available to assist persons
suffering from substance abuse, domestic violence and mental illness.
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Actions taken to develop institutional structure. 91.220(k); 91.320(j)
The institutional delivery system in Rancho Cucamonga is best represented through the collaboration
between local government and an outstanding set of non-profit organizations that carry out a diverse array
of public service programs to enrich the lives of residents. These relationships are collaborative-each
organization partnering with the next to ensure that all Rancho Cucamonga residents have the support
necessary to lead fulfilling lives.
Affordable housing preservation activities are carried out by the Planning Department in partnership with the
City’ Critical Case Task Force and housing contractors. Guided by the Strategic Plan, public service activities
are carried out by non-profit organizations and City Departments to serve low- and moderate-income
residents. The Planning Department works with the Public Works and Engineering Services Departments on
city-owned public facilities and infrastructure improvements to ensure their projects are delivered on time,
within budget, and in compliance with all federal, state, and local regulations
Through technical assistance and the annual Notice of Funding Availability process last winter, the City
continued to develop and expand local institutional structure by strengthening existing partnerships and
leveraging the experience of organizations that previously have not participated in locally-administered
federal programs to expand the number of program offerings available to residents. As a result of these
efforts, the City contracted with a new non-profit partner (Northtown Housing) to address the underserved
needs in Rancho Cucamonga.
Actions taken to enhance coordination between public and private housing and social service
agencies. 91.220(k); 91.320(j)
To enhance coordination between public and private housing and social service agencies, the City invested
CDBG funds and will continue consulting with and inviting the participation of a wide variety of agencies and
organizations involved in the delivery of housing and supportive services to low- and moderate-income
residents in Rancho Cucamonga.
Representatives of the City participate in the San Bernardino HOME Consortium. Additionally, City staff
regularly participated in neighborhood meetings during the program year to coordinate the efforts of local
organizations that are working in neighborhoods to address poverty through direct community engagement.
Identify actions taken to overcome the effects of any impediments identified in the jurisdiction’s
analysis of impediments to fair housing choice. 91.520(a)
Activities implemented during the 2020-2021 Program Year followed the recommendations of the Analysis
of Impediments to Fair Housing Choice that was adopted by the City Council on April 15, 2020. For the 2020-
2024 planning period, there is one (1) impediment to fair housing choice summarized below.
Discrimination Against Persons with Disabilities: According to data from the City’s contracted fair housing
service provider, the number of fair housing discrimination complaints on the basis of disability accounted for
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City of Rancho Cucamonga - 21 - 2020-2021 CAPER
62 percent of all complaints. The next two closest discrimination complaint types include age and sex, each
accounting for 10 percent of all complaints. Throughout the region, the state, and nationally, disability-related
complaints are the leading basis of discrimination cited by residents, accounting for approximately two-thirds
of all complaints in some jurisdictions, demonstrating a lack of understanding and sensitivity of the fair
housing rights of persons with disabilities who experience difficulties when requesting reasonable
accommodations or modifications. In particular, persons with cognitive disabilities experience significantly
more problems with these accommodations.
The Analysis of Impediments to Fair Housing Choice included the following recommendation specific to the
City of Rancho Cucamonga:
• Work with the City’s fair housing services provider, continue to invest in landlord and tenant
counseling and mediation services, facilitate educational opportunities for landlords and tenants to
provide information concerning the law as it pertains to reasonable accommodations and
modifications.
o For the 2020-2021 Program Year, the City contracted with the Inland Fair Housing and
Mediation Board (IFHMB) to provide fair housing education and general housing services to
Rancho Cucamonga residents to prevent incidences of housing discrimination. Implementation
of the 2020-2024 Fair Housing Plan recommendations during the Program Year was principally
undertaken by IFHMB, with the participation of the City of Rancho Cucamonga Planning
Department. During the program year, IFHMB assisted 156 Rancho Cucamonga residents with
general housing education services throughout Rancho Cucamonga. Outreach included two
(2) Fair Housing presentations to community-based organizations, resident associations, and
government agencies; and one (1) workshop tailored to specific audiences in collaboration with
Inland Counties Legal Services. As part of the two (2) Fair Housing Workshop held at the
Rancho Cucamonga City Hall, IFHMB staff discussed the policy, practices and procedures for
reasonable modifications and accommodations.
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CR-40 - Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in furtherance of the
plan and used to ensure long-term compliance with requirements of the programs involved,
including minority business outreach and the comprehensive planning requirements
To ensure that CDBG funds are used efficiently and in compliance with applicable regulations, the City
provided technical assistance to all subrecipients at the beginning of the program year and monitored
subrecipients throughout the program year.
Technical Assistance
To enhance compliance with federal program regulations, the City made technical assistance available to
prospective applicants to review the Consolidated Plan goals, program requirements, and available
resources with potential applicants. Subsequent to the approval of the Annual Action Plan, a mandatory
subrecipient workshop was held in June 2020 to review program regulations in detail, to provide useful forms
and resources for documenting compliance, and to review the City’s compliance procedures and
requirements. Additionally, individualized technical assistance was provided on an as-needed basis during
the Program Year.
Activity Monitoring
All activities were monitored, beginning with a detailed review upon receipt of an application to determine
eligibility, conformance with a National Objective and conformance with an Action Plan goal. This review also
examined the proposed use of funds, eligibility of the service area, eligibility of the intended beneficiaries and
likelihood of compliance with other federal requirements such as the National Environmental Policy Act, the
System for Award Management (SAM) debarment list, prevailing wage, Minority and Women Business
Enterprise, Section 3, and federal acquisition and relocation regulations, as applicable.
Subrecipients were required to submit an audit and other documentation to establish their capacity, and any
findings noted in the audit are reviewed with the applicant. Eligible applicants were then considered for
funding. The City reviewed quarterly performance reports and invoices throughout the year as part of its desk
monitoring.
For CDBG public service activities, an on-site monitoring will be conducted during the 2021-2022 Progrm
Year as soon as it is safe to meet in person following the COVID-19 pandemic, or via teleconference, to
ensure compliance. These reviews will include both a fiscal and programmatic review of the subrecipient’s
activities. The reviews will determine if each subrecipient complied with the program regulations and City
contract. Areas of review will include overall administration, financial systems, appropriateness of program
expenditures, program delivery, client eligibility determination and documentation, reporting systems, and
achievement toward achieving contractual goals. Following the monitoring visit, a written report will be
provided delineating the result of the review and any findings of non-compliance and the required corrective
action. Subrecipients will be given 30 days to provide the City with corrective actions taken to address any
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noted findings. For CDBG capital projects, monitoring will also include compliance with regulatory agreement
requirements.
Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on
performance reports.
In accordance with the City’s adopted Citizen Participation Plan, a public notice was published in the Inland
Valley Daily Bulletin on August 27, 2021, notifying the public of the availability of the Consolidated Annual
Performance and Evaluation Report for a 15-day public review and comment period. A copy of the public
notice is included in Appendix A.
The draft CAPER was available from August 27, 2021, to September 15, 2021 on the City’s website. Physical
copies were also available at City Hall in the Planning Department, first floor lobby. Residents were
encouraged to review the CAPER and provide any written comments by mail to Flavio Nunez, Management
Analyst, or via email to Flavio.Nunez@cityofrc.us. A summary of any written comments received during the
public review and comment period are included in the CAPER submission to HUD as Appendix B.
Page 227
City of Rancho Cucamonga - 24 - 2020-2021 CAPER
CR-45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and
indications of how the jurisdiction would change its programs as a result of its experiences.
The 2020-2021 Program Year was the first year of the 2020-2024 Consolidated Plan. The City made
progress toward its five-year and one-year goals for this reporting period and did not change it program
objectives or the projects and activities that utilized CDBG funds. The 2020-2021 projects were successful
and therefore, no changes will be made for the City’s future objectives.
CDBG and CDBG-CV funded activities contributed significantly to the City’s progress toward meeting the
high priority needs identified in the Consolidated Plan. As shown in Table 1 on page 2 of this document,
CDBG funds are contributing to all four Strategic Plan goals including Fair Housing Services, Public Services,
Affordable Housing Preservation and Public Facilities and Infrastructure Improvements.
The City’s residents faced new challenges during the COVID-19 pandemic including job loss, food insecurity,
housing insecurity, and disruption to normal in-person public services. City staff adapted to a nearly 100%
remote work environment and continued delivering high quality services to residents throughout the duration
of the stay-at-home orders. Non-profit subrecipients and City Department altered their program delivery
models to promote social distancing while continuing to provide essential services to low- and moderate-
income residents. There were a few activities that were not able to convert to a socially distanced delivery
model, such as the Senior Transportation activity, Home Improvement Program, and various capital
improvement projects that would require construction workers in close proximity to one another. The City
has plans in place with each implementing agency to ensure these projects are completed during the 2021-
2022 Program Year.
The addition of $1,591,323 of CDBG-CV funds fueled a significant increase in the City’s capacity to address
the challenges our residents faced. HUD’s decision to more than double the size of Rancho Cucamonga’s
HUD entitlement grant programs this year allowed the Planning Department to develop additional systems
and integrate new partners into the service delivery model to better address the needs of low- and moderate-
income residents.
Page 228
APPENDIX A
Citizen Participation
Page 229
APPENDIX B
Grantee Unique Appendices
Page 230
Housing and Community
Development Public Hearing
Consolidated Annual Performance
Evaluation Report (CAPER)
Program Year: 2020/2021
September 15, 2021
WHAT IS THE CONSOLIDATED ANNUAL
PERFORMANCE EVALUATION REPORT (CAPER)?
•The CAPER is a report required by the U.S.Department of
Housing and Urban Development (HUD)which describes the
use and accomplishments of federal Community
Development Block Grant (CDBG)funds allocated to the City.
•This CAPER period covers July 1,2020,to June 30,2021.
•This CAPER covers the first year of the Consolidate Plan.
•5-Year Consolidated Plan (ConPlan)
•ConPlan 2015-2019 (Previous Plan)
•ConPlan 2020-2024 (Current Plan)
•Annual Action Plan (AAP)
•AAPs are prepared each year of the ConPlan and outline specific
activities, goals, objectives, etc., for the given program year (not
cumulative)
•Consolidated Annual Performance and Evaluation Report (CAPER)
•CAPERs are annual reports that detail use of funds and progress
towards meeting goals and objectives for AAPs
COMPONENTS OF REPORTING PLANS
CITIZEN PARTICIPATION
•On August 27, 2021, the City published a notice in the paper
informing the general public that the Draft 2020-2021 CAPER would
be available for review and comment thru September 15, 2021.
•The CAPER was also placed on the City’s website for public access
and review.
•This Public Hearing also provides the public an opportunity to
provide comment and feedback.
•As of to date no comments have been received on the CAPER.
CDBG FUNDING FOR
2020/2021 PROGRAM YEAR
SOURCE OF FUNDS AMOUNT
CDBG Allocation $ 1,027,974.00
Unallocated Funds 0.00
Program Income $ 318,495.00
Total Investment: $ 1,346,469.00
HIGHLIGHTS OF ACCOMPLISHMENTS
FOR 2020/2021 PROGRAM YEAR
•Provide fair housing services to
562 residents
•Provide healthy meals to 474
seniors,
•Provided food bank and
nutritional services to 821
residents.
•Provided help to 239 homeless
or at-risk of becoming homeless
individuals
•Provide domestic violence services
to 111 residents
•Provide a variety of senior
programs to 100 residents
•Complete construction of
Wheelchair Ramps
•Complete grinding and repair of
sidewalks
COVID -19 ALLOCATIONS
In response to the COVID-19 pandemic,the City received a special
CDBG allocation to address housing and economic development needs
•Emergency Rental Assistance Program Allocation –$932,823
Assisted 175 Households with rental assistance
•COVID-19 Business Relief Grant Program Allocation -$986,507
Expended $220,000 and assisted 14 business to date.
Program anticipates assisting a total of 49 businesses.
•Approve the Community Development Block Grant (CDBG)Program
Year 2020-2021 Consolidated Annual Performance and Evaluation
Report (CAPER).
•Determine that the action is exempt from the California
Environmental Quality Act (CEQA)pursuant to Section 15060(c)(2)of
the CEQA Guidelines.
•Authorize the City Manager or their designee to submit Report to
the U.S.Department of Housing and Urban Development (HUD).
STAFF RECOMMENDATION
QUESTIONS ?
DATE:September 15, 2021
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY:Jason C. Welday, Director of Engineering Services/City Engineer
Baldwin Ngai, Associate Engineer
Chris Ellis, Assistant Engineer
SUBJECT:Consideration of a Resolution to Create a Residential Permit Parking
District on Estacia Street, Elmhurst Avenue, Stafford Street, Dorset Court,
Effen Street, and Cambridge Avenue Between Hermosa Avenue and
Ramona Avenue Pursuant to Municipal Code Section 10.50.
(RESOLUTION NO. 2021-100) (CITY)
RECOMMENDATION:
Staff recommends that the City Council:
1) Adopt the attached resolution to establish the “Estacia Street, et al.” residential permit
parking district on Estacia Street, Elmhurst Avenue, Stafford Street, Dorset Court, Effen
Street, and Cambridge Avenue between Hermosa Avenue and Ramona Avenue; and
2) Waive fees for the first issuance of permits for the proposed residential permit parking
district.
BACKGROUND:
Located north of Foothill Boulevard and west of Hermosa Avenue, Tract 9153 began development
in 1976. The tract of 68 single family homes is circulated by residential collector streets internally,
which intersects with Hermosa Avenue providing access to the City’s street network.
Municipal Code section 10.50.020 allows for the formation of a permit parking district if:
A. Vehicles, operated by persons whose destinations are outside the proposed parking
district, do or may substantially and regularly interfere with the use of the majority of
available parking spaces for use of residents within the proposed permit parking district.
B. The interference by such vehicles occurs at regular and significant daily or weekly
intervals.
C. That such vehicles being driven or parked in the area of the proposed permit parking
district cause or are the source of unreasonable noise, traffic hazards, environmental
pollution, parking availability for residents, or devaluation of real property in such proposed
district.
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D. That 75% of the residents within the proposed district desire, agree or request permit
parking privileges (unless established by city council action in absence of a petition).
E. That no unreasonable displacement of vehicles will result into surrounding residential
areas.
ANALYSIS:
Staff received multiple inquiries from neighborhood residents earlier this year expressing
concerns of nuisance activity as well as vehicles parked in violation of the 72-hour limit per the
City’s ordinance. This pattern of illegal parking had been accompanied by trash being left in the
street. As an initial response, the San Bernardino County Sheriff’s Department had been called
upon to issue citations and remove illegally parked vehicles along the streets within the proposed
permit parking district. In addition, staff organized and held a community meeting on June 3, 2021
to better understand concerns and provide information on the process to form a permit parking
district.
Residents reported that vehicles causing these concerns originate from outside of the immediate
neighborhood and have led to a lack of available on street parking for residents and guests,
blocking of driveways and mailboxes, and concern for public safety. Following the process as
outlined in Municipal Code section 10.50, a representative of the neighborhood has provided a
petition showing support from 51 of the 68 addresses in the neighborhood, or 75% of the
residents, for the creation of a permit parking district along Estacia Street, Elmhurst Avenue,
Stafford Street, Dorset Court, Effen Street, and Cambridge Avenue.
Chapter 10.50.020 of the Rancho Cucamonga Municipal Code requires that the City Council
make the following findings prior to adoption of a resolution creating a residential permit parking
district:
A. Vehicles, operated by persons whose destinations are outside the proposed parking
district, do or may substantially and regularly interfere with the use of the majority of
available parking spaces for use of residents within the proposed permit parking district;
Vehicles parked within the proposed residential permit parking district are observed to
originate from outside of the neighborhood and have regularly interfere with the use of on
street parking by residents and their guests. Many of the vehicles are observed to be
owned by residents outside of the immediate neighborhood.
B. The interference by such vehicles occurs at regular and significant daily or weekly
intervals;
The interference of on street parking is occurring significantly and daily.
C. That such vehicles being driven or parked in the area of the proposed permit parking
district cause or are the source of unreasonable noise, traffic hazards, environmental
pollution, parking availability for residents, or devaluation of real property in such proposed
district;
Vehicles from outside the community have created impacts including a reduction of
parking available for residents, litter, and concerns for public safety leading to potential
devaluation of real property.
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D. That 75% of the residents within the proposed district desire, agree or request permit
parking privileges (unless established by city council action in absence of a petition);
The petition requesting the creation of the residential permit parking district is supported
by 51 out of 68 addresses in the neighborhood, which is 75% of the residents within the
proposed district.
E. That no unreasonable displacement of vehicles will result into surrounding residential
areas;
The proposed residential permit parking district consists of all contiguous streets of the
neighborhood west of and connecting to Hermosa Avenue. There are commercial uses
and apartments south and southeast of the proposed parking district along Foothill
Boulevard whose customers and residents would not be eligible to obtain permits since
they would not be part of the district. Staff recently met with the management of the nearby
apartment development to seek their assistance in minimizing the need for overflow
parking as well as to inform them of the potential changes to parking restrictions that would
go into effect with the implementation of the proposed permit parking district. There is also
a single-family neighborhood to the east of the proposed district and north of the
apartments. Some residents from this neighborhood attended the community meeting in
June and expressed concerns with overflow parking, however staff has not received a
petition requesting a permit parking district from this neighborhood. Should the
implementation of the proposed district result in displaced parking that is of concern to
residents east of Hermosa Avenue, staff will assist them with processing a request for a
similar parking district.
F. That no alternative solution, other than the establishment of the permit parking district, is
practical.
Staff worked with members of the community to explore other options for parking
restrictions, such as time specific restriction of parking, complete restriction of parking,
and different boundaries for the proposed permit parking district among others but these
options did not satisfy the needs of the neighborhood. Continued enforcement of the
violations occurring on the streets within the proposed permit parking district have also
proved to be costly and ineffective in discouraging further violations. It was determined
that the requested residential permit parking district is the most appropriate and practical
solution to address these impacts.
The installation of “permit parking only” signs would allow patrolling officers to cite or tow violators
at their discretion depending on circumstances including extent of violations, persistence of
violations and availability of resources. Residential permit parking districts have been created and
proven to be effective in other areas of the City. The proposed permit parking district is anticipated
to alleviate these impacts to the neighborhood and protect the community’s quality of life.
In discussions with the residents, concerns were raised about the nominal fees charged for
issuance of permits as part of the residential permit parking program. These fees were initially
implemented many years ago to defray some of the cost for implementation of such districts. The
amount collected has not been increased since the inception of the program and covers only a
small portion of the actual cost of implementation of the district and issuance of the permits. In an
effort to partner with the neighborhood in seeking a solution to the problems described above
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related to overflow parking in the neighborhood, staff agreed to recommend a one-time fee waiver
for the initial issuance of permits in this district as part of its creation. Staff will also be evaluating
the program to determine how best to fund the creation and operation of future districts.
FISCAL IMPACT:
The fiscal impact of this action would be minor, consisting of the cost of parking passes,
installation of signs, and the associated administration of the permit parking program for an
additional 68 residences. City already has several permit parking districts, and this district would
adopt the same policies and procedures.
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
Creation of the proposed permit parking district addresses the City Council’s vision for the City by
establishing programs that maintain the high quality of life in local neighborhoods that promote a
world class community.
ATTACHMENTS:
Attachment 1 - Vicinity Map
Attachment 2 - Resolution No. 2021-100
Page 234
ATTACHMENT 1
1
6
9
9
ESTACIA STREET, ET AL.
RESIDENTIAL PERMIT PARKING DISTRICT
VICINITY MAP
Map not to scale
HAVEN AVENUEFOOTHILL BOULEVARD
CHURCH STREETHERMOSA AVENUEPage 235
Resolution No. 2021-### -Page 1 of 5
ATTACHMENT 2
RESOLUTION NO. 2021-####
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA ESTABLISHING THE “ESTACIA
STREET, ET AL.” PERMIT PARKING DISTRICT IN
ACCORDANCE WITH THE PROVISIONS OF CHAPTER 10.50
OF THE RANCHO CUCAMONGA MUNICIPAL CODE
A. Recitals
1. California Vehicle Code Section 22507 allows a general law city to establish by
resolution a preferential parking program by which there is a designation of certain
streets upon which preferential parking privileges are given to residents adjacent to
the streets for their use and the use of their guests.
2. Chapter 10.50 of the Rancho Cucamonga Municipal Code permits the establishment
of a Permit Parking District in an area in which vehicles operated by persons whose
destinations are outside of the proposed Permit Parking District substantially and
regularly interfere with the use of the majority of available parking spaces for use by
residents.
3. Attached hereto as Exhibit A is a map of an area herein referred to as “Estacia Street,
et al.” and also hereinafter referred to as the “Parking District” in which vehicles
operated by persons whose destination is outside of the boundaries of the proposed
district, substantially and regularly interfering with the use and availability of parking
spaces in the Parking District.
4. Substantial evidence has been presented to this Council demonstrating that the
persons referred to in Recital 3 above, not only occupy a majority of the parking spaces
in the Parking District, but also block access to the Parking District’s residences,
disrupt delivery of mail and packages, and deposit trash and litter within the Parking
District, and that these activities occur at regular and significant intervals.
5. It is the purpose of this Resolution to establish the Parking District as an area within
which parking shall be limited at all times to parking by residents of that Parking
District, their guests, and those persons exempt from that limitation pursuant to
Rancho Cucamonga Municipal Code Section 10.50.100.
6. Pursuant to Rancho Cucamonga Municipal Code Section 10.50.040, the residents of
the proposed Permit Parking District’s petition shall be submitted before the City
Council with the City Engineer’s Recommendation and Report which is attached
hereto as Exhibit B and made a part hereof.
7. All legal prerequisites to the adoption of this Resolution have been satisfied.
B. Resolution
NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of
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Resolution No. 2021-### -Page 2 of 5
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the City of Rancho Cucamonga as follows:
1. This Council hereby finds that all the facts stated in Part A of this Resolution are true
and correct.
2. Based on substantial evidence presented to this City Council including the evidence
contained in the staff report, the City Council further finds and determines as follows:
A. Vehicles operated by persons whose destinations are outside of the Parking
District as defined in Subsection 10.50.020(A) of the Rancho Cucamonga
Municipal Code substantially and regularly interfere with the use of the majority of
parking spaces for use of residents within the Parking District;
B. The interference by the vehicles referred to in Paragraph 2(A) above occurs at
regular and significant intervals;
C. The vehicles referred to in Paragraph 2(A) above cause and are the source of
unreasonable noise, traffic hazards, and environmental pollution within the Parking
District;
D. A petition of the Residents of the proposed Permit Parking District has been
received by the City Engineer and said petition was confirmed to have more than
75% of the Residents agree to the establishment of the Permit Parking District.
E. No unreasonable displacement of vehicles operated by persons whose destination
is outside of the Parking District will result into surrounding residential areas; and
F. No alternative solution, other than the establishment of the Permit Parking District
is feasible or practical.
3. Based on the findings set forth in Paragraph 2 above, the Parking District is hereby
established as a Permit Parking District pursuant to the provisions of Chapter 10.50
of the Rancho Cucamonga Municipal Code and parking therein is restricted to those
residents and their guests possessing permits issued by the City Engineer or his
designee and those exempt pursuant to Rancho Cucamonga Municipal Code Section
10.50.100.
4. The City Engineer’s Recommendation and Report has been submitted and the City
Council accepts and approves said Recommendation and Report inclusive of Cost of
Parking Permits.
5. The City Engineer is hereby instructed to immediately cause appropriate signs to be
placed and posted within the Parking District indicating the parking limitations
established by this Resolution and to implement and administer the permit process
specified in Rancho Cucamonga Municipal Code Sections 10.50.070 and 10.50.080.
6. The City Clerk shall certify to the adoption of this Resolution.
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Resolution No. 2021-### -Page 3 of 5
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EXHIBIT A
“Estacia Street et al.” Permit Parking District
The proposed district includes the houses fronting Estacia Street, Elmhurst Avenue, Stafford
Street, Dorset Court, Effen Street, and Cambridge Avenue between Hermosa Avenue and
Ramona Avenue and shall restrict parking on both sides of these streets to vehicles with valid
permits or exemptions as defined by the Rancho Cucamonga Municipal Code.
HAVEN AVENUEFOOTHILL
BOULEVARD
CHURCH STREETHERMOSA AVENUEPage 238
Residential Parking Permit Program Page 1
Updated: 7/26/2021
Resolution No. 2021-### -Page 4 of 5
PERMIT PARKING DISTRICTS
PERMIT PARKING DISTRICT PROGRAM
The Parking Permit District Program is governed by Section 10.50, “Permit Parking Districts” of the City of
Rancho Cucamonga Municipal Code and allows residents of a Permit Parking District special permits that
exempt them and their guests from certain on-street parking restrictions.
REQUESTING A PERMIT PARKING DISTRICT
Requests for creation of a Permit Parking District may be made by submitting a petition signed by at least
seventy-five percent (75%) of the residents (one vote per address) within the boundaries of the proposed district
(as designated in the petition) to the Engineering Services Department. All requests will be reviewed for
conformance with program requirements defined in Section 10.50, “Permit Parking Districts” of the City of
Rancho Cucamonga Municipal Code including the following required findings:
Vehicles, operated by persons whose destinations are outside the proposed parking district, do or may
substantially and regularly interfere with the use of the majority of available parking spaces for use of
residents within the proposed permit parking district;
The interference by commuter vehicles occurs at regular and significant daily or weekly intervals;
That such vehicles being driven or parked in the area of the proposed permit parking district cause or
are the source of unreasonable noise, traffic hazards, environmental pollution, parking availability for
residents, or devaluation of real property in such proposed district;
That 75 percent of the residents within the proposed district desire, agree or request permit parking
privileges (unless established by city council action in absence of a petition);
That no unreasonable displacement of commuter vehicles will result into surrounding residential areas;
That no alternative solution, other than the establishment of the permit parking district, is feasible or
practical.
Upon completion of this review, City staff will inform applicants of their findings. Requests that meet program
requirements will be forwarded to the City Council for consideration. The City Council may establish the
requested Permit Parking District by adoption of a resolution.
LIMITATIONS
A parking permit does not exempt a vehicle from Section 10.44.130, "Storage of Vehicles upon Streets", of the
City of Rancho Cucamonga Municipal Code. According to Section 10.44.130, a vehicle may not park in the
same parking space on a public street for more than seventy-two (72) consecutive hours.
As well, parking permits do not exempt a vehicle from Section 10.64.030 "Parking Restriction", of the City of
Rancho Cucamonga Municipal Code. According to Section 10.64.030, it is unlawful for any person to park or
store any house car, trailer, camp trailer, trailer coach, camper, or boat upon any public street or highway or alley
within the City for longer than one hour between the hours of 2:00 AM and 6:00 AM on any day.
EXHIBIT B
Engineer’s Recommendations
Page 239
Residential Parking Permit Program Page 2
Updated: 7/26/2021
Resolution No. 2021-### -Page 5 of 5
TYPES OF PERMITS AND PROPER DISPLAY
The City currently issues a mirror-hanger style permit which shall be hung from the inside rear view mirror, visible
from the front of the vehicle. Temporary guest parking permits are to be placed on the dashboard with the printed
side visible from the front of the vehicle.
OBTAINING PARKING PERMITS
Residents living within the boundaries of an established Permit Parking District may apply for parking permits.
Proof of residency less than 30 days old is required upon application for permits. A maximum of five (5) parking
permits may be issued to residents of a single dwelling unit. Requests for more than five (5) parking permits per
address are subject to review by the City Engineer.
Parking permits may be obtained in person Monday through Thursday, 7:00 AM to 6:00 PM at City Hall, located
at 10500 Civic Center Drive, Rancho Cucamonga, CA 91730 or by mailing a copy of your information to the
Engineering Services Department at the address listed below.
Residents must provide proof of residency less than 30 days old in one of the following forms (originals will be
reviewed for proof of residency and returned to the requestor):
Current utility bill, bank statement, credit card bill, or other bill statement that was sent through the
mail on a monthly billing cycle
Rental/lease agreement signed within the last 30 days
Proof of property ownership, tax bill or new escrow papers
EXPIRATION
Parking permits are valid for a period of up to five (5) years. Parking permits currently being issued will expire
on July 31, 2025.
COSTS
Parking Permit $10 for the first vehicle plus $2 for each
additional vehicle (maximum of 5) when
registered all at the same time.
Replacement of lost, stolen, or damaged permits $10 each
Temporary Guest Parking Permit Free
The cost listed for parking permits is based on the cost of materials and staff time to manage the program and
for keeping records. Costs are subject to change.
TEMPORARY GUEST PARKING PERMITS
Residents living within the boundaries of an established Permit Parking District may apply for Temporary Guest
Parking Permits which are valid for one day. If a resident desire more than fifty (50) Temporary Guest Parking
Permits for a special event, the resident may apply for a special event permit that will temporarily suspend the
need for visitors to display a parking permit. Staff may require that the resident fulfill special conditions, such as
notifying neighbors of the special event, and covering the permit parking district regulation signs.
FINE FOR PARKING VIOLATIONS
Fine per violation $50 (Fines are subject to change)
PROGRAM CONTACT INFORMATION
City of Rancho Cucamonga / Engineering Services Department
P. O. Box 807
Rancho Cucamonga, CA 91730
(909) 477-2700
Page 240
“Estacia Street et al.”
Permit Parking
District
Elmhurst AveHermosa AveCambridge AveElmhurst AveCambridge AveHermosa Ave
Existing Condition
•Regular/Frequent Occurrences of:
•Trash/Environmental Pollution
•Unreasonable Noise
•Interference of Parking (e.g.,Vehicles parking in front of
Trash cans, vehicles blocking driveway access, Etc.)
Process of establishing a Parking
District
•Resident(s) in neighborhood contact the City and request to establish
parking District.
•Staff reviews the request to ensure conformance with the program
requirements defined in Section 10.50, “Permit Parking Districts” of the
City of Rancho Cucamonga Municipal Code.
•Staff designates the boundary of the proposed parking district.
•A designated resident leads the effort in collecting signatures from
residents (one vote per address) within the proposed district.
Municipal Code Section 10.50.020
Designation of permit parking districts
A.Drivers who don’t live in the neighborhood are regularly
occupying on-street parking in the neighborhood.
B.Traffic hazards, environmental pollution, or devaluation of
real property.
C.Support from 75% of the residents within the proposed
district (a signed petition)
D.That no unreasonable displacement of vehicles will result
into surrounding residential areas
E.No practical alternative solutions
Proposed Parking
District
ARTE Apartments
Support (59/68) = 87%
Does not support (5/68)
Proposed Signage
Parking Permits
•City will cover the initial cost for five (5) resident
parking permits (exp. July 31, 2025)
•These five (5) permits will be directly mailed to all
addresses within the newly formed district.
•Permits can be replaced if lost
•Costs
•$10 –First permit
•$2 –Each additional permit
•Permits are available for guests
What we've heard...
•Requests to solve the overflow parking issue
•Based on the petition circulated, the neighborhood
believes the permit parking district is a solution
However, a few alternative perspectives have been
presented.
Response
•Parking Analysis for the development of Arte
•Two separate studies showed a surplus
•CUP Revocation
•There is no CUP associated with Arte
•RCMC 8.23.050
•“Maintenance of Property Causing Public Nuisance”
•This section does not apply to overflow parking.
Response cont.
•Arte Parking Management
•Last inspection completed in February 2021 revealing no
violations. Upcoming inspection scheduled.
•Towing Impacts
•Towing has been implemented in similar districts
•Completed on a call for service basis and is prioritized
with other PD activities
•Can take time but is not something we expect to be
required on a daily basis.
Response cont.
•Displaced Parking
•Possible that cars could be displaced to the
neighborhood north of Arte; permit parking district
formation is also an option in this area
•Staff is working with Arte on a plan to better manage
parking.
•Permit Issuance Process
•Initial fees will be waived and permits mailed directly to
all properties in the district.
•Staff coordinates with residents to fulfill any
guest/party/additional permit needs.
Response cont.
•Property Values
•Analysis shows
average of 6%
increase over the
last few years.
•Ability to Sell
•We have similar
districts in many
different areas.
•None have been
requested to be
removed.
Arte
Apartments
Analyzed
Neighborhood
166 Homes
Recommendation
Staff recommends the City Council:
1.Adopt Resolution No. 2021-100 to establish the
“Estacia Street, et al.” residential permit parking
district on Estacia Street, Elmhurst Avenue, Stafford
Street, Dorset Court, Effen Street and Cambridge
Avenue between Hermosa Avenue and Ramona
Avenue; and
2.Waive fees for the first issuance of permits for the
proposed residential permit parking district.
DATE:September 15, 2021
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY:Fabian Villenas, Principal Management Analyst
Deborah Allen, Management Analyst I
SUBJECT:Consideration of a Resolution Proclaiming October 6, 2021, as California
Clean Air Day. (RESOLUTION NO 2021-098) (CITY)
RECOMMENDATION:
Staff recommends the City Council adopt Resolution No. 2021-098, proclaiming October 6, 2021,
as California Clean Air Day.
BACKGROUND:
The Coalition for Clean Air launched Clean Air Day to unite people to action to improve community
health and help develop habits to achieve clean air. Now in its fourth year, California Clean Air
Day is built on the idea that shared experiences unite people to action to improve our community
health. Joining together for a unified day of action creates new habits to clear the air for all
members of California’s diverse communities. California has some of the most polluted regions in
the United States. This is especially true in the South Coast Air Basin, which includes Rancho
Cucamonga, as it often ranks as having the worst air quality in the nation. To combat this fact, it’s
critical that state and local government do our part to share information and actions to make a
positive difference.
ANALYSIS:
The California Clean Air Day goal is to spread the message throughout California about air
pollution and how it directly impacts all Californians’ health. This year, California Clean Air Day
takes place on October 6, 2021. This day of action focuses on the improvement of community
health and the impacts of air pollution upon Californians, hospitals and healthcare organizations,
schools and school districts, businesses and workplaces, communities, non-profits, and cities.
The Coalition for Clean Air has major sponsors and supporters including Edison International,
SoCalGas, Los Angeles World Airports (LAX), and millions of Californians pledging to take at
least one action to “clear the air”. California Clean Air Day is centered around a “clean air pledge”
that individuals and organizations make to do at least one action that promotes clean air. This
pledge lists simple actions such as changing an air filter, bicycling to the store, or planting a
tree. By taking a pledge, it can increase the amount of collective positive actions taken by the
community.
The City of Rancho Cucamonga is excited to be doing our part by submitting our organizational
Clean Air Day Pledge to help improve our air quality and awareness in the Inland Empire. These
efforts align with the Healthy RC Initiative that was launched in 2008 as we strive for a clean
environment and aim to improve the quality of life for our residents. To support our Clean Air Day
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pledge, city staff will be encouraged to walk or bicycle to work on October 6, 2021. For community
outreach, social media posts will be placed on Facebook and Instagram Stories to encourage
businesses and residents to participate. These collective efforts should contribute to additional
Clean Air Day pledges and improve the air quality in the Inland Empire.
FISCAL IMPACT:
None.
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
Participation in the organizational Clean Air Day supports efforts to improve the quality of life of
our residents. It also provides an opportunity for the community to take part in positive actions to
improve air quality.
ATTACHMENTS:
Attachment 1 – Clean Air Day Resolution No. 2021-098
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ATTACHMENT 1
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RESOLUTION 2021-098
A RESOLUTION OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, DECLARING OCTOBER 6, 2021 AS CALIFORNIA
CLEAN AIR DAY
WHEREAS, Clean Air Day is now in its fourth year and is built on the idea of shared
experiences unite people to action with the goal of improving community health, inspiring clean
air efforts, environmental awareness and encouraging the conservation, protection, and
appreciation of our natural resources; and
WHEREAS, California has some of the most polluted regions in the United States; and
WHEREAS, cities within the San Bernardino County face disproportionate, negative
health impacts due to low air quality, and
WHEREAS, the City of Rancho Cucamonga recognizes the importance of encouraging
a healthy and environmentally sustainable lifestyle for those who live, work, learn, visit, and play
in the community; and
WHEREAS, it is vital that we protect the health and well-being of our residents, visitors,
and workforce; and
WHEREAS, emissions from vehicles, industry, and even household sources affect the
natural environment, air quality and well-being of residents and visitors of the City of Rancho
Cucamonga; and
WHEREAS, air pollution contributes to higher rates of cancer and heart and lung
diseases; and
WHEREAS, individual actions such walking or biking to work and school, carpooling, and
conserving energy can directly improve air quality in our region; and
WHEREAS, education about air quality can raise community awareness, encourage our
community to develop better habits, and improve our community health; and
WHEREAS, Californians will be joining together across the state to clear the air on
October 6, 2021.
NOW, THEREFORE BE IT RESOLVED, by the City of Rancho Cucamonga, that October
6, 2021, be declared “Clean Air Day” within its jurisdiction.
BE IT FURTHER RESOLVED that we encourage all residents, businesses, employees,
and community members to participate in Clean Air Day and help clear the air for all Californians.
PASSED, APPROVED AND ADOPTED this 15th day of September, 2021
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Consideration of a Resolution
Proclaiming October 6, 2021, as
California Clean Air Day
•Improve community health and air quality
•Join others for a unified day of action
•Combat the worst air quality in the nation
•Commit as a participating organization
The City Takes the Pledge
•Share on social media and request
businesses and residents to make a pledge for
clean air.
•Provide incentives to increase participation.
•Advertise our efforts through billboards and
newsletters.
•Reach out to trusted partners to join us in our
effort.
•Coordinate information to be disseminated at
upcoming events.
Encourage the Community to Take the Pledge
•Post flyers and information throughout city facilities.
•Create a video showcasing our collective efforts.
•Connect with statewide Ride Share week efforts.
•Plan an event to encourage departmental participation.
•Encourage employees to bicycle or walk to work on October 6, 2021.
Encourage Employees to Take the Pledge
DATE:September 15, 2021
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY:Lori Sassoon, Deputy City Manager/Administrative Services
SUBJECT:Consideration of Santa Tour Activities for 2021. (CITY)
RECOMMENDATION:
Staff recommends that the City Council consider possible Santa Tour activities for 2021, and
provide staff with appropriate direction.
BACKGROUND:
In previous years, the Rancho Cucamonga Fire District and the Rancho Cucamonga Police
Department would hold a series of Ho-Ho Parades each year. For several nights during the
holiday season, a parade of public safety vehicles would accompany Santa through
neighborhoods of the City, throwing candy and ending at a location where Santa would greet
children and hand out candy canes. The Ho-Ho-Parade activities were discontinued
approximately ten (10) years ago during the last recession.
During the development of the FY 2020-21 budget process, Council members asked for
information concerning the possibility of restoring a Santa activity. In September of 2020, Council
discussed the matter and determined to not pursue the program for the year, given the COVID
situation and staffing constraints.
At the August 18, 2021 meeting of the City Council, Mayor Pro Tem Kennedy requested that the
matter be brought back for Council discussion in September.
ANALYSIS:
At this time, both the Fire District and RCPD are challenged by significant staffing shortages.
Within the Fire District, staff have been pulled into strike team assignments for the fire season
that began months earlier than usual; it is likely the season might extend into the
November/December timeframe, given the ongoing drought conditions and anticipated lighter-
than-average projected rainfall. Approximately 10-20 fire sworn retirements are also anticipated
to occur leading up to the end of the calendar year, which is equivalent to 10-20% of the sworn
work force. In the RCPD, there are similar staffing challenges with ongoing vacancies and
retirements. The Traffic Bureau has one motor officer remaining, with the other staff using
traditional patrol vehicles.
Additionally, the Police and Fire teams will be challenged to manage the annual Thoroughbred
Holiday Lights, which is not a city-sponsored event but does utilize city resources, including a
heavy overtime presence especially on the weekends leading up to Christmas.
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Given these limitations, a tentative plan has been developed for a Santa Tour to replace the Ho-
Ho Parade concept. The concept has been developed in recognition of the staffing constraints
discussed above, and in light of updated risk management practices and the ongoing COVID-19
pandemic.
The 4-5 night event would take place mid-week, and would not include a parade. Instead,
Community Services Department staff would facilitate 2-3 community block parties in fixed
locations for each of the planned nights. Each night the block parties would rotate to a different
Council District to ensure geographic equity throughout the City. CSD at each site would provide
staffing, candy, an ornament craft, a photo back drop, and facilitate Santa’s arrival and departure.
FISCAL IMPACT:
The approximate cost for a five night event, with three block parties per night, would be $15,000
- $20,000. These costs include part-time staffing and supplies for the events, and do not include
the soft costs for Community Services and Community Affairs full time staff. The event would take
place without accompanying Fire and Police staffing as was done in the past, given the realities
of COVID-19, Wildfire Season, Thoroughbred Lights and the use of public funds.
Funds are not included in the FY 2021-22 budget for a Santa Tour. If the Council determines to
move forward with the tour, a budget appropriation from the General Fund would be required.
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
Should the Council so desire, approval of this item is in keeping with the Council’s core value of
building and preserving a family-oriented atmosphere.
ATTACHMENTS:
None
Page 245
Consideration of
Santa Tour
Santa’s on
vacation, but the
holidays are
coming…
Background
•Ho-Ho Parades in prior years
•Public safety prominent in parade
•Discontinued during last recession (around 2012)
•Reconsidered in 2020
•Reconsideration requested at August 18, 2021 meeting
Challenges
•Fire District staffing
–End of year retirements, anticipating vacancies and promotions
–Impacts/Demand of Fire Academy in progress in December
–Extended fire season possible (NEW since 2012)
•Police Department staffing
–Thoroughbred Holiday Lights staffing demands (NEW since 2014-
2015)
–Vacancies and service demands
–Shift in Traffic Bureau operations from motors to traditional patrol
vehicles (NEW since 2018-2019)
Santa Tour Concept for Discussion
•4-5 nights in December, mid-week, weather permitting
•No parade element
•2-3 block parties per night in fixed locations
–Facilitated by Community Services staff
–Rotated around the city for geographic equity
–CSD to staff parties, provide a craft activity, candy, a photo backdrop,
and facilitate Santa’s arrival and departure
–COVID considerations in place
Fiscal Impact
•$15,000 -$20,000 cost
•Costs for part time staff, supplies
•Costs managed by not including public safety resources
•Budget appropriation would be required
•Decision required in September to allow for planning and
resource allocation in December
Consideration of
Santa Tour