Montclair City Council
June 6, 2022

DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 0348-0046 (See reverse for public burden disclosure.)

1. Type of Federal Action:
a. contract
b. grant
c. cooperative agreement
d. loan
e. loan guarantee
f. loan insurance

2. Status of Federal Action:
a. bid/offer/application
b. initial award
c. post-award

3. Report Type:
a. initial filing
b. material change
For Material Change Only:
year_________quarter__________
date of last report______________

4. Name and Address of Reporting Entity:

Prime Subawardee

Tier ______, if known:

Congressional District, if known:

5. If Reporting Entity in No. 4 is a Subawardee, Enter
Name and Address of Prime:

Congressional District, if known:

6. Federal Department/Agency: 7. Federal Program Name/Description:

CFDA Number, if applicable: _____________

8. Federal Action Number, if known: 9. Award Amount, if known:
$

10. a. Name and Address of Lobbying Entity
(if individual, last name, first name, MI):
b. Individuals Performing Services (including
address if different from No. 10a)
(last name, first name, MI)

(attach Continuation Sheet(s) SF-LLLA, if necessary)

11. Amount of Payment (check all that apply):
$ _________ actual planned

13. Type of Payment (check all that apply):
a. retainer
b. one-time fee
c. commission
d. contingent fee
e. deferred
f. other; specify:_____________________

12. Form of Payment (check all that apply):
a. cash
b. in-kind; specify: nature _____________
value _____________

14. Brief Description of Services Performed or to be Performed and Date(s) of Service, including officer(s), employee(s), or Member(s) contacted, for Payment Indicated in Item 11:
(attach Continuation Sheet(s) SF-LLLA, if necessary)

15. Continuation Sheet(s) SF-LLLA attached: Yes No

16. Information requested through this form is authorized by title 31 U.S.C. section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into.

This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to the Congress semi-annually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less that $10,000 and not more than $100,000 for each such failure.

Signature:____________________________________
Print Name:___________________________________
Title:________________________________________
Telephone No.: _______________ Date:___________
Federal Use Only: Authorized for Local Reproduction
Standard Form LLL (Rev. 7-97)
MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 249 of 347

ATTACHMENT D

INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Use the SF-LLLA Continuation Sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.

1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action.

2. Identify the status of the covered Federal action.

3. Identify the appropriate classification of this report. If this is a follow up report caused by a material change to the Information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action.

4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient.

Identify the tier of the subawardee,e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.

5. If the organization filing the report in item 4 checks "Subawardee," then enter the full name, address, city, State and zip code of the prime Federal recipient. Include Congressional District, if known.

6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard.

7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments.

8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001."

9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5.

10. (a) Enter the full name, address, city, State and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action.
(b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI).

11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be amount of payment made or planned to be made.

12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment.

13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature.

14. Provide a specific and detailed description of the services that the lobbyist has performed, or will be expected to perform, and the date(s) of any services rendered. Include all preparatory and related activity, not just time spent in actual contact with Federal officials. Identify the Federal official(s) or employee(s) contacted or the officer(s), employee(s), or Member(s) of Congress that were contacted.

15. Check whether or not a SF-LLLA Continuation Sheet(s) is attached.

16. The certifying official shall sign and date the form, print his/her name, title, and telephone number.

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ATTACHMENT E

INFORMATION SHEET
(one Information Sheet per Vendor)

CONTRACTOR SHALL COMPLETE SECTION I OF THIS FORM AND RETURN TO:

SAN BERNARDINO COUNTY
Department of Aging and Adult Services
Attn: CONTRACTS
SECTION I: CONTRACTOR INFORMATION
Contractor Name:

Address (including City, State and Zip Code): Phone:

Web Site: Email: Fax:

Site Name for Services (if Different from Contractor):

Address (including City, State and Zip Code): Phone:

Web Site: Email: Fax:

Clinic Contact: Title:

Contract Signature Authority:

Name: Name:

Title: Title:

Signature: Signature:

Phone #:
( )
E-Mail: Phone #:
( )
E-Mail:

Claim Signature Authority:

Name: Name:

Title: Title:

Signature: Signature:

Phone #:
( )
E-Mail: Phone #:
( )
E-Mail:

SECTION II: DAAS INFORMATION
Contract Mailing Address: Contracts Unit:

San Bernardino County
Department of Aging and Adult Services
Contracts Unit
784 E. Hospitality Lane
San Bernardino, CA 92415-0920
Unit Fax #: 909-891-9150
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ATTACHMENT F

COMMUNITY FOCAL POINTS LIST
Name Address City/Community Phone
Adelanto Senior Club 11565 Cortez Avenue Adelanto, CA 92301 (760) 605-0549 Apple Valley Senior Club 13188 Central Road Apple Valley, CA 92308 (760) 247-3155 Barstow Senior Citizens Club 555 Melissa Avenue Barstow, CA 92311-3031 (760) 256-5023 Big Bear Valley Senior Center 42651 Big Bear Blvd. Big Bear Lake, CA 92315 (909) 584-0323 Bloomington Senior Center 18317 Valley Blvd. Bloomington, CA 92316 (909) 546-1399 Bonnie Baker Senior Citizens
Club 149350 Ukiah Trail Big River, CA 92242 (760) 665-2667 Chemehuevi Indian Tribal
Center 1990 Palo Verde Havasu Lake, CA 92363 (760) 858-4219 Chino Senior Center 13170 Central Avenue Chino, CA 91710 (909) 334-3453 Crest Forest Senior Citizens
Club 24658 San Moritz Drive Crestline, CA 92325 (909) 338-5036 Delmann Heights Senior
Center 2969 N. Flores St. San Bernardino, CA 92407 (909) 887-2115 Dino Papavero Senior Center 16707 Marygold Avenue Fontana, CA 92335 (909) 350-0575 El Mirage Senior Club 1488 Milton El Mirage, CA 92301 (760) 559-7683 Fontana Community Senior
Center 16710 Ceres Avenue Fontana, CA 92335 (909) 854-5151 Ft. Mohave Tribal Senior
Nutrition Program 700 Harrison Street Needles, CA 92363 (760) 629-2371 George M. Gibson Senior
Center 250 N. Third Avenue Upland, CA 91786 (909) 981-4501 George White Senior Center
8565 Nuevo Avenue/8572
Sierra Ave.(Main Ofc) Fontana, CA 92335 (909) 822-4493
Grand Terrace Senior Center 22627 Grand Terrace Road Grand Terrace, CA 92313 (909) 824-1491 Helendale Senior Center 15350 Riverview Rd., Bldg. 2 Helendale, CA 92342 (760) 243- 5690 Hesperia Leisure League 9122 Third Avenue Hesperia, CA 92345 (760) 244-3223 Percy Baaker Community
Center
9333 "E" Avenue/PO Box
104055 Hesperia, CA 92340 (760) 244-5488
Highland Senior Center 3102 E. Highland Avenue Patton, CA 92369 (909) 862-8104 Hinkley Community and
Senior Center 35997 Mountain View Road Hinkley, CA 92347 (760) 253-4677 Hutton Senior Center 660 Colton Avenue Colton, CA 92324 (909) 370-6168 James L. Brulte Senior
Center 11200 Baseline Road
Rancho Cucamonga, CA
91701 (909) 477-2780
Joshua Tree Community
Center 6171 Sunburst Joshua Tree, CA 92252 (760) 366-2471 MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 252 of 347

ATTACHMENT F

Name Address City/Community Phone
Joslyn Senior Center 21 Grant Street Redlands, CA 92373 (909) 798-7550 Loma Linda Senior Center 25571 Barton Road Loma Linda, CA 92354 (909) 799-2820 Lucerne Valley Senior Club 10431 Allen Way Lucerne Valley, CA 92356 (760) 248-2248 Luque Senior Center 292 East "O" Street Colton, CA 92324 (909) 370-5087 Lytle Creek Senior Center
P.O. Box 182/14082 Center
Road Lytle Creek, CA 92358 (909) 880-8659
Mentone Senior Center 1331 Opal Avenue Mentone, CA 92359 (909) 794-5280 Montclair Senior Center 5111 Benito Street Montclair, CA 91763 (909) 625-9483 Morongo Basin Senior
Support Center 57121 Sunnyslope Drive Yucca Valley, CA 92284 (760) 365-9661 Mountain Communities
Senior Center 675 Grandview Road Twin Peaks, CA 92391 (909) 337-1824 Needles Senior Center 1699 Bailey Avenue Needles, CA 92363 (760) 326-4789 Newberry Springs Senior
Family Center 33383 Newberry Road Newberry Springs, CA 92365 (760) 257-3284 Ontario Senior Center 225 East "B" Street Ontario, CA 91764 (909) 395-2021 Perris Hill Senior Center 780 E. 21st Street San Bernardino, CA 92404 (909) 384-5436 Phelan Senior Club 4128 Warbler Rd. #A Phelan, CA 92371 (760) 868-8067 Pinon Hills Senior Club 10433 Mountain Road Pinon Hills, CA 92372 (760) 868-8637 Redlands Community Senior
Center 111 W. Lugonia Redlands, CA 92374 (909) 798-7579 Rialto Senior Center 1411 S. Riverside Avenue Rialto, CA 92376 (909) 877-9706 San Bernardino 5th St Senior
Center 600 W 5th Street San Bernardino, CA 92410 (909)-384-5430 San Moritz Lodge 24658 San Moritz Dr Crestline, CA 92325 (909)-338-5036 Trona Community Senior
Center 13187 Market Street Trona, CA 93562 (760) 372-5889 Twenty Nine Palms Senior
Center 6539 Adobe Road
Twenty Nine Palms, CA
92277 (760) 367-3891
Victorville Senior Center 14874 Mojave Road Victorville, CA 92392 (760) 245-5018 Wrightwood Community
Center 1543 Barbara Street Wrightwood, CA 92397 (760) 249- 3205 Yucaipa Senior Center 12202 First Street Yucaipa, CA 92399 (909) 797-1177 Yucca Valley Senior Center 57088 29 Palms Highway Yucca Valley, CA 92284 (760) 228-5453 MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 253 of 347

ATTACHMENT G

Payments, Budgets, Closeout, and Audits
July 1, 2022 through June 30, 2025
I. FUNDS
A. Expenditure of Funds

1. Contractor shall expend all funds received hereunder in accordance with this Agreement.

2. Any reimbursement for authorized travel and per diem shall be at rates not to exceed those amounts paid by the State in accordance with California Department of Human Resources’ rules and regulations. This is not to be construed as limiting Contractor from paying any differences in costs between the rates specified above and any rates the Contractor is obligated to pay under other contractual agreements from funds other than those provided pursuant to this Agreement.

3. No travel outside the State of California shall be reimbursed unless prior written authorization is obtained from County.

4. Contractor agrees to include these requirements in all contracts it enters into with subcontractors or vendors to provide services pursuant to this Agreement.

5. County reserves the right to refuse payment to Contractor or disallow costs for any expenditure, when determined by the County to be out of compliance with this Agreement, unrelated or inappropriate to the contract activities, when adequate supporting documentation is not presented, or where prior approval was required but was either not requested or not granted.

B. Accountability for Funds

1. Contractor shall maintain accounting records for funds received under the terms and conditions of this Agreement. These records shall be separate from those for any other funds administered by Contractor, and shall be maintained in accordance with Generally Acceptable Accounting Principles and Procedures, and the Office of Management and Budget’s Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

2. Contractor shall promptly forward payroll taxes, insurances and contributions, including State Disability Insurance, Unemployment Insurance, Old Age Survivors Disability Insurance, and Federal and State income taxes withheld, to designated governmental agencies.

3. Adequate source documentation of each transaction shall be maintained relative to the allow ability of expenditures reimbursed by DAAS under this Contract. If the allow ability of expenditures cannot be determined because records or documentation of Contractor are nonexistent or inadequate according to Generally Accepted Accounting Principles and Procedures, the expenditures may be disallowed by DAAS.

4. Financial Management Systems
Contractor shall meet the following standards for its financial management systems, as stipulated in 45 CFR Section 92.20 (governmental) or 45 CFR Section 74.21 (not for profit organizations):
a. Financial Reporting
b. Accounting Records
c. Internal Control
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ATTACHMENT G

d. Budgetary Control
e. Allowable Costs
f. Source Documentation
g. Cash Management
C. Unexpended Funds
Upon termination, cancellation, or expiration of this Agreement, or dissolution of the entity, the Contractor shall return to County immediately upon written demand, any funds provided under this Agreement, which are not payable for goods or services delivered prior to the termination, cancellation or expiration of this Agreement or dissolution of the entity.

D. Availability of Funds

1. It is understood by the parties that this Agreement may have been written before ascertaining the availability or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur of this Agreement were executed after that determination was made.

2. This Agreement is valid and enforceable only if sufficient funds are made available to the County by the United States Government or State of California for the fiscal years appropriate for the purpose of the services described herein.

3. Funding Reduction(s)
a. If funding for any County fiscal year is reduced or deleted for the purposes of this program, the County shall have the option to either:
1) Terminate the Agreement
2) Amend the agreement to reflect the reduced funding that will be available. b. In the event that County elects to offer an amendment, it shall be mutually understood by both parties that 1) County reserves the right to determine which contracts, if any, under this program shall be reduced; 2) some contracts may be reduced by a greater amount than others; 3) the County shall determine in its sole discretion the amount that any or all of the contracts shall be reduced for the fiscal year.

E. Program Income

1. Program Income must be reported and expended under the same terms and conditions as the program funds from which it is generated.

2. Program Income must be used to pay for current allowable costs of the program in the same fiscal year that the income was earned (except as noted below).

3. Program Income must be spent before contract funds and may reduce the amount of contract funds payable to Contractor.

4. If Program Income is earned in excess of the amount reported by County in the Contractor’s approved budget, the excess amount may be deferred for use in the first quarter of the following contract period, which is the last quarter of the federal fiscal year, if approved by County.

5. If Program Income is deferred for use it must be used by the last day of the federal fiscal year and reported when used.

6. Program Income may not be used to meet any requirements for matching contributions specified in this Agreement.

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ATTACHMENT G

7. Program Income must be used to expand baseline services.

F. One Time Only (OTO) Funds:

OTO funds shall be only be used for the following purposes:

1. The purchase of equipment that enhances the delivery of services to the eligible service population. Home and community-based projects that are approved by County in advance.

2. Innovative pilot projects that are approved in advance by County, and are designed for the development of a comprehensive and coordinated system of care as defined in [45 CFR 1321.53(a) & (b).

3. OTO funds may be used to maintain or increase baseline services; however, it is understood by the parties that such use of OTO funds creates no expectation of service delivery beyond the current contract period.

G. Matching Contributions

1. Cash and/or in-kind contributions may be counted as match if such contributions are used to meet program requirements.

2. Matching contributions (cash or in-kind) must be verifiable from the records of the Contractor or its subcontractors. Only allowable costs as established by Office of Management and Budget (OMB) cost principles may be reported as matching contributions.

3. Services of volunteers or other costs reported as “in-kind” matching contributions shall be valued at rates consistent with those of similar work or services paid by Contractor. If Contractor does not offer similar work or purchase similar services, rates shall be consistent with those in local market area.

H. Budget and Budget Revision

1. Contractor shall be compensated for expenses only as itemized in the approved budget that is incorporated by reference into this Agreement. The Contractor shall not be entitled to payment for expenses related to this Agreement until the budget has been reviewed and approved by the County.

2. No budget revision may result in an increase of the maximum dollar amount stated in Section V, Paragraph A. The written request must specify the line item or Service Category changes requested, and must include justification for the requested changes.

For the purposes of this section,
a. “Service Category” shall be defined as that classification of activities defined in the Older Americans Act (OAA) that is specific to each OAA funded grant program; and
b. “Service” shall be defined as the activities that are defined within a Service Category.

Examples of Service Categories include Supportive Services, Congregate and Homedelivered Nutrition Services, Disease Prevention/Health Promotion Services, and Family Caregiver or Grandparent Support Services. Examples of services include nutrition education, transportation, information assistance, senior center staffing, respite care, access assistance, and supplemental services.

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ATTACHMENT G

County shall notify the Contractor in writing of the status of the budget revision request within fourteen (14) calendar days of receipt of the Contractor’s written request. The County reserves the right to deny the Contractor’s invoice for expenditures in excess of the approved budgeted line item amount.

3. Contractor shall submit a budget revision to the County, in advance of expenditures when:
a. Changes to line item expenditures are expected to exceed the amount of the approved budgeted line item by more than ten (10%) of the amount specified in Section V, Paragraph A.
b. New budget line items are to be added.
c. When the changes being requested involve the transfer of funds between Service Category.
d. When otherwise requested by the County.

4. Contractor shall maintain a written record of all budget changes including line item or service category changes. This record shall be available to the Department upon request and shall be maintained in the same manner as all other financial records.

5. The final date to submit to a budget revision is March 30 of the contract period unless otherwise specified by the County.

I. Indirect Costs

1. Indirect costs are those that have been incurred for common or joint objectives and cannot be readily identified with a particular final cost objective. After direct costs have been determined and assigned directly to awards or other work as appropriate, indirect costs are those remaining to be allocated to benefiting cost objectives. A cost may not be allocated to an award as an indirect cost if any other cost incurred for the same purpose, in like circumstances, has been assigned to an award as a direct cost.

2. Examples of indirect cost may include depreciation or use allowances on buildings and equipment, the costs of operating and maintaining facilities, and general administration and general expenses, such as the salaries and expenses of executive officers, personnel administration, and accounting.

3. The maximum reimbursement amount allowable for indirect costs is ten (10) percent of Contractor’s direct costs, excluding in-kind contributions and non-expendable equipment. Indirect costs exceeding the ten (10) percent maximum may be budgeted as cash match and be used to meet the minimum matching contribution requirements.

4. Contractor agrees to include the above requirement in all contracts it enters into with subcontractors or vendors to provide services pursuant to this agreement.

5. Reimbursement for indirect costs shall be on the basis of an indirect cost rate plan documenting the methodology used to determine the indirect cost rate, which shall be submitted by Contractor to the Federal government for approval. After Federal approval the plan will submitted to DAAS and be approved by DAAS.

J. Financial Closeout

1. Contractor shall submit a final statement of expenditures and income (Financial Closeout – Attachment G) to County within thirty days of the end of contract period, unless otherwise specified by County.

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ATTACHMENT G

2. Federal funds otherwise payable to Contractor by County may be reduced proportionately by County to maintain the required matching contributions ratio if amount of matching contributions reported by Contractor is less than minimum required matching contribution amount specified in Section V, Paragraph A, Fiscal Provisions of this Contract .

K. Subcontracts or Vendor Agreements

1. Without the prior written consent of the Director of DAAS or his/her designee through the HS Contracts Unit, this Contract is not assignable by Contractor either in whole or in part.

2. Contractor agrees not to enter into any subcontracts for work contemplated under this Contract without first obtaining written approval from the Director of DAAS or his/her designee. Any subcontractor shall be subject to the same provisions as Contractor.

Contractor shall be fully responsible for the performance of any subcontractor.

3. Contractor shall include language in all subcontracts that require subcontractor to comply with all applicable State and Federal Laws.

4. Contractor shall have no authority to contract for, on behalf of, or incur obligations on behalf of County or State.

5. Copies of subcontracts, vendor agreements, Memoranda, and/or Letters of Understanding shall be on file with the Contractor and shall be made available to DAAS upon request.

6. Contractor shall monitor the insurance requirements of its subcontractors and/or vendors.

7. Contractor shall ensure that the subcontractor and/or vendor will complete all reporting and expenditure documents requested by DAAS. These reporting and expenditure documents shall be sent to Contractor in a timely manner and at intervals as determined by DAAS.

8. Contractor shall monitor the budget, expenditures, and performance of it subcontractors and/or vendors.

9. Contractors shall provide support and technical assistance to subcontractors and respond in writing to all written request for direction, guidance, and interpretation of instructions to include client and service data.

L. Audits

1. Contractors that expend $750,000 or more in Federal awards shall arrange for an audit to be performed as required by the Single Audit Act of 1984, Public Law 98-502, Single Audit Act Amendments of 1996, Public Law 104-156, and Office of Management and Budget [2 CFR Part 200, Subpart F Audit Requirements] [formerly OMB Circular A-133].

2. A copy of audit report shall be submitted to DAAS within thirty (30) days after receipt of the auditor’s report or nine months after the audit period, whichever occurs first, unless a longer period is agreed to in advance by the recognized or oversight federal agency.

3. Contractor shall ensure that State-funded expenditures are displayed discretely along with the related federal expenditures in the single audit report’s “Schedule of Expenditures of Federal Awards” (SEFA) under the appropriate Catalog of Federal Domestic Assistance (CFDA) number as referenced herein. In addition, should contractor’s SEFA totals be reported on the basis of a fiscal year period other than County’s fiscal year (July 1 through June 30), a supplemental schedule shall be provided that reconciles Contractor’s reported expenditures to County fiscal year periods.

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ATTACHMENT G

4. For state contracts that do not have CFDA numbers, Contractor shall ensure that Statefunded expenditures are discretely identified in the SEFA by the appropriate program name, identifying grant/contract number and as passed through the California Department of Aging.

5. The following closely related programs identified by CFDA number are to be considered as an “Other Cluster” for purposes of determining major programs or whether a program specific audit may be elected. Contractor shall identify the CFDA titles and numbers to the independent auditor conducting the organization’s single audit as well to each of Contractor’s sub-recipients.

6. The Federal Grantor for the following programs is the U.S Department of Health and Human Services, Administration on Aging:

93.044 Special Programs for the Aging – Title III, Part B = Grants for Supportive Services and Senior Centers (Title III-B).

93.045 Special Programs for the Aging – Title III, Part C – Nutrition Services (Title III-C)

93.052 National Family Caregiver Support – Title III, Part E

93.053 Nutrition Services Incentive Program (NSIP)

7. The Federal Grantor for the following program is the U.S Centers for Medicare and Medicaid Services:

93.779 State Health Insurance Assistance Program (HICAP)

93.071 MIPPA: MSP, LIS & Prescription Drug Enrollment Assistance through the Aging Network, SHIP, and ADRCs

93.626 SHIP Options Counseling for Medicare/Medicaid (FA)

8. The Federal Grantor for the following program is the Administration for Community Living grants:

93.071 MIPPA: Priority Area 2 AAAs

9. Cluster of programs means a grouping of closely-related programs that share common compliance requirements. The types of clusters of programs are research and development (R&D), student financial aid (SFA) and other clusters. “Other Clusters” are defined by the OMB in the Compliance Supplement or as designated by a State for federal awards provided to its sub recipients that meet the definition of cluster of programs. When designating an “other cluster”, a State shall identify the federal awards included in the cluster and advise the sub-recipients of compliance requirements applicable to the cluster, consistent with S.400 (d) (1) and S.400 (d) (2), respectively. A cluster of programs shall be considered as one program for determining major programs, as described in S.520, and with the exception of R&D as described in S.200 (c), whether a program-specific audit may be elected. (Federal Office of Management and Budget, (OMB) Circular A-133, Audits of States, Local Governments, and Non-Profit Corporations).

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ATTACHMENT G

10. Contractor shall perform a reconciliation of its “Financial Closeout Report” to the audited financial statements. The reconciliation shall be maintained and be made available to DAAS for review.

11. Contractor shall ensure that subcontractor single audit reports for Contractor meet [2 CFR Part 200, Subpart F Audit Requirements] [formerly OMB Circular A-133] requirements, including, but not limited to:
a. Performed timely – Not less frequently than annually and a report submitted timely. The audit is required to be submitted within 30 days after receipt of the auditor’s report or nine months after the end of the audit period, whichever occurs first.
b. Properly procured – Use procurement standards provided for in OMB Circular A133 and provide maximum opportunities to small and minority audit firms. c Performed in accordance with Generally Accepted Government Auditing Standards – Shall be performed by an independent auditor and be organizationwide d. All inclusive – Includes an opinion (or disclaimer of opinion) of the financial statements; a report on internal control related to the financial statements and major programs; an opinion (or disclaimer of opinion) on compliance with laws, regulations, and the provisions of contracts or grant agreements; and the schedule of findings and questioned costs.
e. Performed in accordance with provisions applicable to this program as identified in [2 CFR Part 200, Subpart F Audit Requirements] [formerly OMB Circular A-133 Compliance Supplement].

12. Requirements identified in the provision above shall be included by Contractor in all subcontracts.

13. Contractor shall include in its contract with the independent auditor that the auditor will comply with all applicable requirements/standards, that the County shall have access to all audit reports and supporting work papers, and that the County shall have the option to perform additional work if needed.

14. Unless prohibited by law, the cost of audits completed in accordance with provisions of the Single Audit Act Amendments of 1996 is allowable charges to Federal awards.

Contractor may not charge to Federal awards the cost of any audit under the Single Audit Act Amendments of 1996 not conducted in accordance with the Act. Contractor may not charge to Federal Awards the cost of auditing a non-federal entity which has Federal Awards expended of less than $750,000 per year, and is thereby exempted under OMB Circular A-133, Subsection __200 (d).

15. Contractor shall cooperate with and participate in any additional audits which may be required by State or County.

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ATTACHMENT H

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ATTACHMENT I

SAN BERNARDINO COUNTY NUTRITION SERVICES
Matching Funds Narrative
Contractor: City of Montclair
Fiscal Year: 07/01/22-06/30/23 ORIG _X__ Amend ___
CONGREGATE SITES C-1 HOME DELIVERED MEALS C-2
Provide justification, rates, comments, descriptions, etc. for the required 11.11% of the total proposed contract amount in matching funds whether in cash or in-kind. Matching funds may not be fees for services, client donations or program income as defined by 45 CFR 74.41match.

CONGREGATE MEALS C-1
Line Item Rate Annual
Amount
Description/Justification
Personnel $ $ Volunteers
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ATTACHMENT I

SAN BERNARDINO COUNTY NUTRITION SERVICES
Matching Funds Narrative
Contractor: City of Montclair
Fiscal Year: 07/01/23-06/30/24 ORIG _X__ Amend __
CONGREGATE SITES C-1 HOME DELIVERED MEALS C-2
Provide justification, rates, comments, descriptions, etc. for the required 11.11% of the total proposed contract amount in matching funds whether in cash or in-kind. Matching funds may not be fees for services, client donations or program income as defined by 45 CFR 74.41match.

CONGREGATE MEALS C-1
Line Item Rate Annual
Amount
Description/Justification
Personnel $ $ Volunteers
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ATTACHMENT I

SAN BERNARDINO COUNTY NUTRITION SERVICES
Matching Funds Narrative
Contractor: City of Montclair
Fiscal Year: 07/01/24-06/30/25 ORIG _X__ Amend ___
CONGREGATE SITES C-1 HOME DELIVERED MEALS C-2
Provide justification, rates, comments, descriptions, etc. for the required 11.11% of the total proposed contract amount in matching funds whether in cash or in-kind. Matching funds may not be fees for services, client donations or program income as defined by 45 CFR 74.41match.

CONGREGATE MEALS C-1
Line Item Rate Annual
Amount
Description/Justification
Personnel $ $ Volunteers
MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 264 of 347

ATTACHMENT I

SAN BERNARDINO COUNTY NUTRITION SERVICES
Matching Funds Narrative
Contractor: City of Montclair
Fiscal Year: 07/01/22-06/30/23 ORIG _X__ Amend ___
CONGREGATE SITES C-1 HOME DELIVERED MEALS C-2
Provide justification, rates, comments, descriptions, etc. for the required 11.11% of the total proposed contract amount in matching funds whether in cash or in-kind. Matching funds may not be fees for services, client donations or program income as defined by 45 CFR 74.41match.

HOME DELIVERED MEALS C-2
Line Item Rate Annual
Amount
Description/Justification
Personnel $ $ Volunteers
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ATTACHMENT I

SAN BERNARDINO COUNTY NUTRITION SERVICES
Matching Funds Narrative
Contractor: City of Montclair
Fiscal Year: 07/01/23-06/30/24 ORIG _X__ Amend ___
CONGREGATE SITES C-1 HOME DELIVERED MEALS C-2
Provide justification, rates, comments, descriptions, etc. for the required 11.11% of the total proposed contract amount in matching funds whether in cash or in-kind. Matching funds may not be fees for services, client donations or program income as defined by 45 CFR 74.41match.

HOME DELIVERED MEALS C-2
Line Item Rate Annual
Amount
Description/Justification
Personnel $ $ Volunteers
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ATTACHMENT I

SAN BERNARDINO COUNTY NUTRITION SERVICES
Matching Funds Narrative
Contractor: City of Montclair
Fiscal Year: 07/01/24-06/30/25 ORIG _X__ Amend ___
CONGREGATE SITES C-1 HOME DELIVERED MEALS C-2
Provide justification, rates, comments, descriptions, etc. for the required 11.11% of the total proposed contract amount in matching funds whether in cash or in-kind. Matching funds may not be fees for services, client donations or program income as defined by 45 CFR 74.41match.

HOME DELIVERED MEALS C-2
Line Item Rate Annual
Amount
Description/Justification
Personnel $ $ Volunteers
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ATTACHMENT J

Monthly Expenditure Report
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ATTACHMENT J

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ATTACHMENT J

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ATTACHMENT J

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ATTACHMENT K

SAN BERNARDINO COUNTY

DEPARTMENT OF AGING AND ADULT SERVICES

REQUEST TO PURCHASE PROPERTY/EQUIPMENT
This form is to be completed whenever a contractor is requesting to purchase property or equipment under a California Department of Aging (CDA) grant. Contractor must obtain a minimum of three (3) bids and attach Equipment Bid Form for each item requested.

Date: __________________ FY: 22/23
Contractor Name:

Address: Contact: Phone No:

QTY DESCRIPTION (Attach additional
sheets if required)
VENDOR COST* FUNDING
SOURCE
1 Explain how requested item(s) will be used to carry out the objectives related to the funding to be received (attach additional sheet if required):

Administrative Use Only:

Approved Denied Value over $500/unit: Yes No
Inventory: Yes No
Program Review by: Name ___________________________ Title ___________ Date _______
Director Approval : __________________________________________ Date ________ Y:\EQUIPMENT INVENTORY - DAAS\CDA\_forms\Equipment Purchase Request COVER SHEET (CDA Funds).docx Purchase Request COVER SHEET (CDA Funds)_Dec18.doc
Revised 10/18
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ATTACHMENT K

Equipment Request Justification
Submit with all requests for equipment and vehicles costing $5,000 or more and any computing devices, regardless of cost (including, but not limited to: workstations, servers, laptops, personal digital assistants, notebook computers, tablets, smartphones, and cellphones), and all portable electronic storage media regardless of cost (including, but not limited to: thumb/flash drives and portable hard drives) with you budget. Respond to the information below:

1. A description of the item(s)

2. Total Costs (including tax, delivery, shipping, etc. as applicable) of the procurement and the selected vendor if know.

3. Description of the method of procurement (price quotes, county, auction, fleet, etc)

4. Location of equipment

5. Acknowledgement of insurance requirements (vehicles only)

6. Name, phone number and email address of the procurement contact at the AAA.

Justification for an equipment purchase must include the following information:

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ATTACHMENT K

1. Explanation for the need for the specific type of equipment, including a description of how the equipment will be used, frequency of use.

2. Description of impact on Program if the purchase is not approved.

3. Description of alternatives considered, including shared use with another OAA program or agency, lease, other available vehicles in fleet current under-used.

4. When was the last time this item was purchased?

5. If a vehicle, a list of the AAA’s other vehicles and an explanation of why existing vehicle fleet cannot meet the need.

6. Clarification of whether the equipment will be used solely by the specific AAA Program from which the purchase will be funded or whether it will be shared with other program(s) or another AAA. If it will be share, include a cost agreement or Memorandum of Understanding between entities detailing the proration between programs.

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ATTACHMENT L

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ATTACHMENT L

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ATTACHMENT M

STATE OF CALIFORNIA

CALIFORNIA DEPARTMENT OF AGING

SECURITY INCIDENT REPORT PART A
CDA 1025a (REV 02/2018)

AGENCY/CONTRACTOR

1. Business Name:

2. Business Address:

CONTACT INFORMATION

3. Incident Manager: 4. Telephone Number:

5. Email Address:

INCIDENT DISCOVERED BY

6. Name: 7. Telephone Number:

8. Email Address:

INCIDENT DETAILS

9. Date/Time of Incident: 10. Date Incident Detected:

11. Incident Description:

1. Address Where Incident Occurred:

2. County Where Incident Occurred:

14. Reported to Law Enforcement? _____Yes ______ No
If Yes, Provide the Law Enforcement Agency and the Report Number.

Agency:______________________________________________
Report Number:________________________________________

15. Media Device Type, If Applicable: 16. Was the Device Encrypted? _____ Yes _____ No ______Unknown
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ATTACHMENT M

STATE OF CALIFORNIA

CALIFORNIA DEPARTMENT OF AGING

SECURITY INCIDENT REPORT PART A
CDA 1025a (REV 02/2018)

17. Type of Personally Identifiable Information (Check all that apply):
__ No Personal Information __ Social Security Number
__ Health or Medical Information __ Financial Account Number __ Driver’s License/State ID Number __ Name
Other (Specify): ___________________________________________________

18. Is a Privacy Disclosure Notice Required?
____ Yes ____ No

19. Number of Individuals Affected:

SIGNATURES

20. Agency/Contractor Information Security
Officer:

Signature: Date:

21. Agency/Contractor Privacy Officer: Signature: Date:

22. Authorized Signature/Director: Signature: Date:

CDA USE ONLY
CDA Incident Number: CAL-CSIRS Report Number:

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ATTACHMENT M

STATE OF CALIFORNIA

CALIFORNIA DEPARTMENT OF AGING

SECURITY INCIDENT REPORT PART B
CDA 1025b (REV 02/2018)

AGENCY/CONTRACTOR

1. Business Name:

2. Business Address:

CONTACT INFORMATION

3. Incident Manager: 4. Telephone Number:

5. Email Address:

INCIDENT INFORMATION

6. CDA Incident Number: CAL-CIRS Number:

7. Is there an Update to Form 1025A? ____ Yes ____ No
Comments:

8. Has there been a Change of Scope? ____ Yes ____ No
Explanation:

9. Is a Privacy Disclosure Notice Required? ____ Yes ____ No If Yes, has a Sample Notification been Submitted for Approval? ____ Yes _____ No

INCIDENT ROOT CAUSE

10. What was the Root Cause of the Incident?
MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 279 of 347

ATTACHMENT M

STATE OF CALIFORNIA

CALIFORNIA DEPARTMENT OF AGING

SECURITY INCIDENT REPORT PART B
CDA 1025b (REV 02/2018)

CORRECTIVE ACTION PLAN

11. Corrective Action Plans Attached? ____ Yes ____ No

12. Date Corrective Actions will be Fully Implemented:

INCIDENT COSTS

13. Describe the Costs Associated with Resolving this Incident:

Incident Response: $______________
Communications: $______________
Notices: $______________
Individual Questions: $______________
Investigation: $______________
Lost or Stolen Items: $______________
Total: $______________

SIGNATURES

14. Agency/Contractor Information Security Officer: Signature: Date:

15. Agency/Contractor Privacy Officer: Signature: Date:

16. Authorized Signature/Director: Signature: Date:

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CITY COUNCIL

AGENDA REPORT
DATE: JUNE 6, 2022
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 7
FILE I.D.: HSV030
DEPT.: HUMAN SVCS.

PREPARER: A. COLUNGA
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 22–58 WITH ONTARIO–MONTCLAIR SCHOOL DISTRICT TO SUPPORT THE MONTCLAIR AFTER–SCHOOL PROGRAM,

SUBJECT TO ANY REVISIONS DEEMED NECESSARY BY THE CITY ATTORNEY REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 22–58 with Ontario–Montclair School District (OMSD) to support the Montclair After–school Program.

BACKGROUND: The Human Services Department has delivered after–school programs within OMSD schools since 1999. Funding for these programs originates from the California Department of Education, After–School Education and Safety (ASES) program and the Expanded Learning Opportunity program through grants made available to local education authorities, such as OMSD. The goal of the Montclair After–School Program (MAP) is to improve the academic performance and success of students in the program by providing high–quality academic programming after school while ensuring a safe physical and emotional environment for all.

Proposed Agreement No. 22–58 would provide funding for MAP at the following eight elementary school sites: El Camino, Howard, Kingsley, Lehigh, Mission, Monte Vista, Moreno, Ramona; and two middle school sites: Serrano, and Vernon. The funding for MAP at these ten school sites will be used to support academic, enrichment, and physical activities for children in the after–school programs.

FISCAL IMPACT: Should the City Council approve proposed Agreement No. 22–58, OMSD would provide an amount not to exceed $2,592,169.42 to fund personnel, training, program supplies, and grant oversight. The City of Montclair will receive the ASES base amount of $1,342,169.42 and an additional $250,000 for a total of $1,592,169 to start the school year. Additional funding not to exceed $1,000,000 for additional staffing may be requested as needed to meet the required direct supervision ratio of 20:1. The term proposed in Agreement No. 22–58 is July 1, 2022 through June 30, 2023.

RECOMMENDATION: Staff recommends the City Council approve Agreement No. 22–58 with Ontario–Montclair School District to support the Montclair After–school Program, subject to any revisions deemed necessary by the City Attorney.

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Page | 1
Rev. 3/22

AGREEMENT FOR SERVICES

ONTARIO-MONTCLAIR SCHOOL DISTRICT
950 WEST "D" STREET y ONTARIO, CALIFORNIA 91762y (909) 459-2500 THIS AGREEMENT is made and entered into this ______ day of _________________ by and between the Ontario-Montclair School District, hereinafter referred to as the "DISTRICT," and _____________________________________________, hereinafter referred to as the “CONSULTANT."

1. SERVICES TO BE PERFORMED BY CONSULTANT
a) Scope of Work. CONSULTANT agrees to perform the following services on the dates and times herein stated in accordance with directions stipulated to by DISTRICT (provide attachment if necessary):
b) Staffing. CONSULTANT may, at CONSULTANT’s own expense, employ such assistants as CONSULTANT deems necessary to perform the services required of CONSULTANT by this Agreement. DISTRICT will not train, control, direct, or supervise CONSULTANT’s assistants or employees in the performance of those services.
c) Independent Contractor. Consultant is, and shall at all times be deemed to be, an independent contractor and shall be responsible for determining the sequence, method, details and manner in which it performs those services required under the terms of this Agreement. Nothing herein contained shall be construed as creating a relationship of employer and employee, or principal and agent, between DISTRICT and CONSULTANT or any of CONSULTANT’s agents or employees. CONSULTANT assumes exclusive responsibility for the acts of its employees or agents as they relate to services to be provided during the course and scope of their employment.

CONSULTANT, its agents and employees, shall not be entitled to any rights and/or privileges of DISTRICT’s employees and shall not be considered in any manner to be DISTRICT’s employees.
d) Public Entity Employee. If CONSULTANT is a regular employee of a public entity, all services which CONSULTANT renders under this Agreement will be performed at times other than CONSULTANT’s regular assigned work day for said entity or during periods of vacation or leave of absence from said entity, using CONSULTANT’s own resources.

2. COMPENSATION
a) Compensation for Services. Except as otherwise provided in this Agreement, DISTRICT agrees to compensate CONSULTANT for services rendered under this Agreement as follows:

OMSD Contract Number: __________________
0RQWFODLU$JUHHPHQW1XPEHU
22-58
C-223-049
16 June, 2022
City of Montclair
Provide staff and materials for the ASES expanded learning program. See Attachment A for details.

See Attachment B and Schedule A for details.

Attachment B(I)(H) not to exceed $1,250,000.00
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Page | 2
b) Travel Expenses. DISTRICT will pay no additional amount for travel or other expenses of CONSULTANT under this Agreement unless specified below under section 2(c). Should travel or other expenses be specified below, CONSULTANT shall be entitled to the lesser amount of

1. The not to exceed amount stated, or

2. The actual amount expended. Supporting documentation for the authorized travel or other expenses shall be attached to this Agreement.
c) Summary of Compensation
Services: _________________________________________________________ Travel Expense: _________________________________________________________ Total contract amount not to exceed (services + travel) ________________________________ d) Retired STRS or PERS. If this Agreement is with an individual consultant, CONSULTANT shall notify the DISTRICT whether or not CONSULTANT is a retired member of the California State Teacher's Retirement System (STRS) or the California Public Employees Retirement System (PERS).
e) Income Tax. DISTRICT will not withhold any federal or state income tax for payment made pursuant to this Agreement but, if applicable, will provide CONSULTANT with a statement of earnings at the end of each calendar year. CONSULTANT is hereby advised that such statement of earnings shall, if required, be provided to the Internal Revenue Service and the State Franchise Tax Board.
f) Documentation Required For Payment. Unless specified below, payment for services and travel shall be made by DISTRICT to CONSULTANT after services/travel has been completed and consultant submits documentation for payment (e.g. consultant invoice).

3. TERM OF AGREEMENT
The term of this Agreement is from __________________ through ___________________, unless sooner terminated pursuant to the provisions of Section 6 of this Agreement. DISTRICT and CONSULTANT may mutually agree in writing to extend the term of this Agreement provided, however, DISTRICT shall not be obligated to pay CONSULTANT any additional consideration unless CONSULTANT undertakes additional services, in which instance the consideration shall be increased as DISTRICT and CONSULTANT shall agree in writing.

4. OBLIGATIONS OF CONSULTANT
a) Services Performed. During the term of this Agreement, CONSULTANT agrees to diligently prosecute the work specified in the "Services to be Performed by Consultant" to completion.

CONSULTANT may represent, perform services for, and be employed by such additional clients, persons, or companies as CONSULTANT, in CONSULTANT’s sole discretion, sees fit. b) Use of District Space and Resources. CONSULTANT will provide all space, materials, tools, and instrumentalities required to perform the services under this Agreement at CONSULTANT’s expense, and shall not be entitled to reimbursement. CONSULTANT shall not be entitled to any benefits the DISTRICT may make available to its employees, including, but not limited to, office or business equipment, office space, supplies, group health, life insurance, vacation or retirement benefits.
$2,592,169.42
July 1, 2022 June 30, 2023
$2,592,169.42
NA
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Page | 3
F
Regulatory Compliance. CONSULTANT shall comply with all federal, state and local laws and ordinances applicable to the work to be performed under this Agreement.

G
Asbestos Hazard Emergency Response Act (AHERA) and Lead Based Paint Compliance.

CONSULTANT shall comply with the DISTRICT’s Asbestos Hazard Emergency Response Act (AHERA) and Lead Based Paint compliance procedures. Prior to starting any construction work at a DISTRICT facility (including demolition, drilling/penetrating, cutting/tearing, sanding, scraping, screwing/unscrewing, or other similar activities) the following requirements must be met:
 Contact the Facilities Planning and Operations Department (909-418-6366) to discuss the project and the planned method of construction or installation to occur.  Receive and review the District’s Asbestos Hazard Emergency Response Act (AHERA) Management Plan Book that identifies the known location(s) of asbestos and/or lead-based paint containing materials for the subject site to confirm these materials will not be disturbed during the course of your work.
 Obtain authorization from the Facilities Planning and Operations Department.

H
Fingerprinting. CONSULTANT shall comply with the requirements of Education Code section 45125.1 with respect to fingerprinting of employees who may have any interaction with the DISTRICT’s pupils (whether such interaction is in person or electronic, and whether the interaction is through writing, voice or video) if CONSULTANT, including but not limited to CONSULTANT if CONSULTANT is among the agents providing services, has any student interaction outside of the immediate supervision and control of the pupils’ parent/guardian or a school employee. If at any time during the term of this Agreement CONSULTANT is either notified by the Department of Justice or otherwise becomes aware that any employee of CONSULTANT, including CONSULTANT, performing services under this Agreement has been arrested or convicted of a violent or serious felony as defined in California Education Code Section 45122.1, CONSULTANT agrees immediately to notify the DISTRICT and remove said employee from performing services on this Agreement. CONSULTANT shall certify in writing to the DISTRICT that neither the CONSULTANT nor any of its employees who are required by this section to submit or have their fingerprints submitted to the Department of Justice and who may come in contact with pupils have been convicted of a felony as defined in Education Code section 45122.1 (Exhibit A).

I
Indemnification. CONSULTANT shall indemnify, pay for the defense of, and hold harmless DISTRICT and its officers, agents and employees of and from any and all liabilities, claims, debts, damages, demands, suits, actions and causes of actions of whatsoever kind, nature or sort which may be incurred by reason of CONSULTANT’s negligent or willful acts and/or omissions in rendering any services hereunder, including but not limited to the negligent or willful acts and/or omissions of CONSULTANT’s employees and agents. CONSULTANT shall assume full responsibility for payments of federal, state and local taxes or contributions imposed or required under the social security, workers' compensation or income tax law, or any disability or unemployment law, or retirement contribution of any sort whatever, concerning CONSULTANT or any employee/agent of CONSULTANT and shall further indemnify, pay for the defense of, and hold harmless DISTRICT of and from any such payment or liability arising out of or in any manner connected with CONSULTANT’s performance under this Agreement. J
Insurance Requirements. During the entire term of this Agreement, CONSULTANT shall procure, pay for and keep in full force and effect the following types of insurance:

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1. General Liability Insurance. Commercial general liability insurance, covering bodily injury liability, property damage liability and personal injury liability of CONSULTANT with respect to the services provided by, or on behalf of, CONSULTANT under this Agreement. The policy limits shall not be less than One Million dollars ($1,000,000) per occurrence. The policy may not contain an exclusion for coverage of claims arising from claims for sexual molestation or abuse. In the event that CONSULTANT’s policy should have an exclusion for sexual molestation or abuse claims, then CONSULTANT shall be required to procure a supplemental policy providing such coverage. a. The DISTRICT requires the Certificate of Liability Insurance to show the DISTRICT as the “Certificate Holder’ and “Additional Insured” on the CONSULTANT’S general liability insurance policy. Requested wording in the “Description box” is as follows:

The Ontario-Montclair School District, its departments, officers, agents, and employees are additional insureds with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named “Insured.”

2. Auto Liability Insurance.

CONSULTANT agrees that services in conjunction with this agreement will be conducted in CONSULTANT’s office or at a DISTRICT school site and CONSULTANT will not drive Student in private or commercial vehicle to conduct assessments or conduct other business in conjunction with this agreement. Accordingly, commercial automobile insurance will not be required in conjunction with this agreement. Should CONSULTANT need to provide services in conjunction with this agreement that do require Student transportation in a private or commercial vehicle, the DISTRICT and CONSULTANT will mutually agree on services to be provided, and CONSULTANT will provide insurance as follows: Business auto liability insurance covering the use of "owned, non-owned and hired" autos by or on behalf of CONSULTANT respect to the services to be performed under this Agreement. The policy limits shall not be less than One Million dollars ($1,000,000) per occurrence. The Auto Liability Insurance policy shall include waiver of subrogation via separate endorsement.

3. Workers' Compensation Insurance. This coverage is required unless CONSULTANT provides written verification it has no employees. Coverage must be at least as broad as that which is required by the State of California, with Statutory Limits. CONSULTANT must also maintain Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. Workers’ compensation policy shall include waiver of subrogation via separate endorsement.

The policies of insurance described in Paragraph (4g.1-3) listed above shall be carried with responsible and solvent insurance companies authorized to do business in the State of California. True and correct copies of all certificates of insurance reflecting the coverage required in Paragraph (4g.1- 3) shall be provided to DISTRICT prior to the commencement of services under this Agreement.

CONSULTANT agrees that it shall not cancel or change the coverage provided by the policies of insurance described in Paragraph (4g.1-3) above without first giving the DISTRICT’s Chief Business Official, thirty (30) days prior written notice. Should any such policy of insurance be canceled or changed, CONSULTANT agrees to immediately provide DISTRICT true and correct copies of all new or revised certificates of insurance.
h) Written Consent. Neither this Agreement nor any duties or obligations under this Agreement may be assigned by CONSULTANT without the prior written consent of DISTRICT.

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i) Vaccine Verification/Testing: CONSULTANT shall verify the vaccination status of all “workers” and to require all unvaccinated or incompletely vaccinated workers to undergo weekly diagnostic screening testing and shall complete and return the Contractor Attestation of Compliance (Exhibit B).

5. OBLIGATIONS OF DISTRICT
a) Professional Services. DISTRICT agrees to comply with all reasonable requests by CONSULTANT and to provide access to all documents reasonably necessary for the performance of CONSULTANT’s duties under this Agreement.

6. TERMINATION OF AGREEMENT
a) Termination without Cause. Unless otherwise terminated as provided below, this Agreement shall continue in force during the term of the Agreement, or until the services provided for herein have been fully and completely performed, whichever shall occur first, and shall thereupon terminate.
b) Termination for Breach. Should CONSULTANT default in the performance of this Agreement or breach any of its provisions, DISTRICT may terminate this Agreement by giving written notification to CONSULTANT.
c) Immediate Suspension/Termination by District. If at any time during the performance of this Agreement DISTRICT determines, at its sole discretion, to suspend indefinitely or abandon the work under this Agreement, DISTRICT shall have the right to terminate the performance of CONSULTANT’s services hereunder by giving written notification to CONSULTANT of its intention to terminate.
d) Effect of Termination. In the event that DISTRICT terminates this Agreement under paragraph (b) or (c) of this Section, CONSULTANT shall only be paid for those services rendered to the date of termination. All cash deposits made by DISTRICT to CONSULTANT, if any, shall be refundable to DISTRICT in full upon termination of this Agreement unless specified to the contrary below.
______________________________________________________________________________

7. GENERAL PROVISIONS
a) Notices. Any notices to be given hereunder by either party to the other may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested. Notices shall be deemed given and served upon delivery personally, or three (3) days after depositing in the United States Mail. Mailed notices shall be addressed to the parties at the addresses set forth in this Agreement for DISTRICT and CONSULTANT. The foregoing addresses may be changed by written notice to the other party as provided herein. b) Validity of Agreement. This Agreement supersedes any and all agreements either oral or written, between the parties hereto with respect to the rendering of services by CONSULTANT and contains all of the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding.

Any modification of this Agreement will be effective only if it is in writing, signed by both NA
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parties, except DISTRICT may unilaterally amend the Agreement to accomplish the changes listed below:
(1) Increase dollar amounts; (2) Administrative changes; and (3) Changes as required by law. c) Court Findings. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. d) California Laws. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
e) Audit. Pursuant to and in accordance with the provisions of Government Code Section 8546.7 or any amendments thereto, all books, records and files of DISTRICT, CONSULTANT, or any subcontractor connected with the performance of this Agreement involving the expenditure of public funds in excess of Ten Thousand Dollars ($10,000), including, but not limited to the administration thereof, shall be subject to the examination and audit of the State Auditor General of the State of California, at the request of the DISTRICT or as a part of any audit of DISTRICT, for a period of three (3) years after final payment is made under this Agreement.

CONSULTANT shall preserve and cause to be preserved such books, records and files for the audit period.
f) Contractual/Equitable Remedies. CONSULTANT agrees that the DISTRICT is the sole entity against whom the CONSULTANT may seek either contractual or equitable remedies, and further agrees not to seek contractual or equitable remedies (including, but not limited to injunctive relief and quantum meruit) against DISTRICT employees or beneficiaries of the Agreement. g) Board of Trustees Approval. CONSULTANT warrants that he or she has the authority to so execute this Agreement and that no further approval of any kind is necessary to bind it hereto.

This Agreement shall not become binding upon the DISTRICT until it has been duly approved or ratified by the Board of Trustees.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written.
“DISTRICT” “CONSULTANT”
Signature Signature
Date Printed Name/Title
Printed Name/Title Date
Ontario-Montclair School District
950 West D Street Ontario, CA 91762 Email Address/
Street Address
City, State, Zip Code
Telephone Number
ƚƚĞƐƚ:ŶĚƌĞĂWŚŝůůŝƉƐ͕ŝƚLJůĞƌŬ
______________________
Approved by OMSD Board:
______________________
Phil Hillman, Chief Business Official
[email protected]
5111 Benito Street
Montclair, CA 91763
(909) 626-8571
Javier “John” Dutrey, Mayor
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Exhibit A
Certification of Compliance with California Education Code Section 45125.1 (Fingerprinting)
In compliance with California Education Code Section 45125.1, I hereby certify that no owner or employee of _____________________________________________ [name of CONSULTANT] (“CONSULTANT”) who may have any interaction with pupils (whether such interaction is in person or electronic, and whether the interaction is through writing, voice or video) outside of the immediate supervision and control of the pupils’ parent/guardian or a school employee, shall be permitted to have any contact with students until after I have received and reviewed a report based on their LiveScan fingerprint report that they have not been convicted of a felony as defined in California Education Code Section 45122.1. In advance of their contact with pupils, I shall certify receipt and review of a report from the LiveScan report that they have not been convicted of a felony as defined in California Education Code Section 45122.1. I also understand that I must provide to the Ontario-Montclair School District any subsequent arrest and conviction information that we receive concerning these individuals, and that I shall immediately remove the person from performing services on this Agreement. The Ontario-Montclair School District is entitled to rely upon my representations in this Certification. CONSULTANT hereby agrees to indemnify Ontario-Montclair School District for any and all claims, damages, suits and liability that arise out of, relate to or is associated with a failure of CONSULTANT to comply with California Education Code Section 45125.1 or with a failure to exercise reasonable care with respect to proper selection and/or supervision of CONSULTANT’s employees who may come in contact with pupils.

CONSULTANT INFORMATION
Signature
Printed Name/Title
Date
Email Address/
Street Address
City, State, Zip Code
Telephone Number
City of Montclair
Javier “John” Dutrey, Mayor
[email protected]
5111 Benito Street
Montclair, CA 91763
(909) 626-8571
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Exhibit B

VACCINE VERIFICATION/TESTING POLICY
On August 11, 2021, the California Department of Public Health (“CDPH”) issued State Public Health Officer Order of August 11, 2021 (“Order”),1
which requires all public and private
schools serving TK through 12th grade students to verify the vaccination status of all “workers” and to require all unvaccinated or incompletely vaccinated workers to undergo weekly diagnostic screening testing. The Order took effect August 12, 2021, and requires full compliance by October 15, 2021.

To comply with this legal mandate, the District is imposing the following requirements for all “workers” who enter District sites. The term “workers” includes all District employees, contractors, volunteers, and any other paid or unpaid adult serving in the District or who is working on-site at any school campus or District facility.

Vaccine Verification
You must verify the vaccination status of all of your employees using one of the following methods of proof:
a. COVID-19 Vaccination Record Card (issued by the Department of Health and Human Services Centers for Disease Control & Prevention or WHO Yellow Card2 ) which
includes name of person vaccinated, type of vaccine provided and date last dose administered); OR
b. A photo of a Vaccination Record Card (front and back) as a separate document; OR c. A photo of the worker’s Vaccination Record Card (front and back) stored on a phone or electronic device; OR
d. Documentation of COVID-19 vaccination from a health care provider that includes the patient’s name, vaccine date(s), and vaccine type; OR
e. Digital record that includes a QR code that when scanned by a SMART Health Card reader displays to the reader client name, date of birth, vaccine dates and vaccine type.

Workers who are not fully vaccinated, or for whom vaccine status is unknown or documentation is not provided, must be considered unvaccinated. “Fully Vaccinated” means individuals who are considered fully vaccinated for COVID-19: two weeks or more after they have received the second dose in a 2-dose series (Pfizer-BioNTech or Moderna or vaccine authorized by the World Health Organization), or two weeks or more after they have received a single-dose vaccine (Johnson and Johnson [J&J]/Janssen). “Incompletely vaccinated” means persons who have received at least one dose of COVID-19 vaccine but do not meet the definition of fully vaccinated.
1 The Order is available at https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/Order-of-the-StatePublic-Health-Officer-Vaccine-Verification-for-Workers-in-Schools.aspx. 2 “WHO Yellow Card” refers to the original World Health Organization International Certificate of Vaccination or Prophylaxis issued to the individual following administration of the COVID-19 vaccine in a foreign country.

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7Hsting Requirement for Workers Not Fully Vaccinated
Effective October 15, 2021, workers will only be permitted on District sites and facilities if they have submitted proof of vaccination (as described above) or if not fully vaccinated, have undergone weekly COVID-19 diagnostic screening testing, as follows:
a. Workers may be tested with either antigen or molecular tests to satisfy this requirement, but unvaccinated or incompletely vaccinated workers must be tested at least once weekly with either PCR testing or antigen testing. Any PCR (molecular) or antigen test used must either have Emergency Use Authorization by the U.S. Food and Drug Administration or be operating per the Laboratory Developed Test requirements by the U.S. Centers for Medicare and Medicaid Services.
b. Unvaccinated or incompletely vaccinated workers must also observe all other infection control requirements, and are not exempted from the testing requirement even if they have a medical contraindication to vaccination, since they are still potentially able to spread the illness. Previous history of COVID-19 from which the individual recovered more than 90 days earlier, or a previous positive antibody test for COVID-19, do not waive this requirement for testing.
c. Effective October 15, 2021, unvaccinated workers who fail or refuse to comply with the weekly testing requirement will be excluded from District sites and facilities.

We are not asking you to provide us with vaccination records or other medical or health records of your employees, but merely that you comply with the requirements set forth above for verifying vaccination status and/or requiring your employees to submit to weekly testing.

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CONTRACTOR ATTESTATION OF COMPLIANCE

MANDATORY VACCINATION VERIFICATION/WEEKLY TESTING OF

CONTRACTED WORKERS PROVIDING SERVICES AT ONTARIO-MONTCLAIR

SCHOOL DISTRICT
CONTRACTOR NAME: ____________________________________________________________ AGREEMENT/PURCHASE ORDER #: __________________________________________________ NAME OF PERSON MAKING THIS ATTESTATION: ________________________________________ TITLE OF PERSON MAKING THIS ATTESTATION: ________________________________________ On behalf of the Contractor named above, the undersigned hereby attests:

I/Contractor have read, understand, and will comply with the District’s Vaccine Verification/Testing Policy as outlined in this correspondence and the State Public Health Officer Order of August 11, 2021, with regard to employees of the Contractor providing services at District sites and facilities.

Initial: __________
I/Contractor have verified the vaccination status of all employees who provide services at District sites and facilities using one of the following methods of proof:
a. COVID-19 Vaccination Record Card (issued by the Department of Health and Human Services Centers for Disease Control & Prevention or WHO Yellow Card3 ) which
includes name of person vaccinated, type of vaccine provided and date last dose administered); OR
b. A photo of a Vaccination Record Card (front and back) as a separate document; OR c. A photo of the worker’s Vaccination Record Card (front and back) stored on a phone or electronic device; OR
d. Documentation of COVID-19 vaccination from a health care provider that includes the patient’s name, vaccine date(s), and vaccine type; OR
e. Digital record that includes a QR code that when scanned by a SMART Health Card reader displays to the reader client name, date of birth, vaccine dates and vaccine type.

Initial: __________
3 “WHO Yellow Card” refers to the original World Health Organization International Certificate of Vaccination or Prophylaxis issued to the individual following administration of the COVID-19 vaccine in a foreign country.

C-223-049
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I/Contractor attest that any employee associated with Contractor who has not provided proof of full vaccination as described above is undergoing weekly COVID-19 diagnostic screening testing in accordance with the District’s Vaccine Verification/Testing Policy, for which the Contractor collects, monitors, and documents weekly test results.

Initial: ___________
I/Contractor attest that no employee associated with Contractor will work or visit any District site or facility who is not fully vaccinated or who has not received a negative COVID-19 test within one week of the visit.

Initial: ____________
I, the person/official named below, attest under penalty of perjury under the laws of the State of California, that I am duly authorized to legally bind Contractor and that the attestation, statements, and assertions indicated above are true and correct.

AUTHORIZED SIGNATURE: _______________________________________________ DATE EXECUTED: __________________

END OF AGREEMENT FOR CONSULTANT SERVICES
MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 292 of 347 Attachment A
CONSULTANT: City of Montclair
Services to be performed by CONSULTANT:

CONSULTANT agrees to perform the following services on the dates and times herein stated in accordance with directions stipulated to by DISTRICT (provide attachment if necessary):
, CONSULTANT will provide staff and materials to operate the expanded learning program services at the following sites:

D El Camino
E Howard
F Kingsley
G Lehigh
H Mission
I Monte Vista
J Moreno
K Ramona
L Serrano
M Vernon.
,, CONSULTANT will have the following responsibilities in support of the ASES program:

D Coordinate the academic assistance, homework support, and enrichment portions (including time for physical activity) of the ASES program at each school site.

E Hire, train, and supervise site staff, including the site coordinators and program leaders.

F Seek regular input from principals regarding performance evaluations, including recommendations for retraining and terminating a site coordinator and/or other site staff.

G Participate in all cross-training for site coordinators and program leaders.

H Maintain ongoing communication between &2168/7$17 staff and school staff regarding student needs and progress, including, but not limited to attendance at school-day meetings and/or one-on-one meetings with teachers.

I Coordinate ASES activities with school staff to assure program supports current academic goals of teachers and administrators.

J Provide academic assistance and other activities specifically supporting, but not duplicating, daytime curriculum and academic goals.

K Foster communication with and involvement of parents through parent orientations, parent handbook, development and distribution of periodic newsletters, and hosting, at a minimum, one parent night.

L Regularly attend and participate in regularly scheduled operation meetings with DISTRICT liaison.

M Provide the DISTRICT, in a timely manner, with any required documentation, such as, but not limited to, monthly program evaluations, attendance, and supper counts.

N CONSULTANT staffing will be at a ratio of 20 students to one staff for grades 1-8 and at a ratio of 10 students to one staff for grades TK and K.

O In the event there is temporarily not sufficient staffing to meet ratios listed in Attachment A, section II(k), CONSULTANT agrees to recruit, hire, and train additional staff to meet the ratios noted in Attachment A, section II(k).

P CONSULTANT will be timely in the hiring of necessary staff and communicate any delays in hiring staff to the DISTRICT.
,,, In the event DISTRICT implements a distance learning model for delivering education services for a part of, or the entire school year, the expanded learning programs, which include programs after school and summer programs may also move to a distance learning format, if permitted by the California Department of Education. Such distance learning formats include, but are not limited to, prerecorded video lessons, printed assignments, or live video lessons. If the expanded learning programs move to a distance learning format, CONSULTANT will implement checks to obtain reasonable assurance of student attendance. Such checks may include, but are not limited to virtual roll calls, parental contact, or email confirmations.
,9 Section 4(f) of this agreement is amended as follows.

Provided however, such indemnification shall be only in proportion to and to the extent such liability, claim, debt, damage, demand, suit, action or cause of action is caused by or results from the improper conduct and/or negligence or intentional acts or omissions of CONSULTANT, its officers, employees, or agents.

MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 293 of 347 Attachment B
CONSULTANT: City of Montclair
Compensation:

I. Except as otherwise provided in this Agreement, DISTRICT agrees to compensate CONSULTANT for services rendered under this Agreement as follows:
a. CONSULTANT will be paid 95.0% of grant award from the California Department of Education (henceforth CDE), according to Schedule A, attached hereto. b. Administrative costs may not exceed 5.0% of grant award from CDE, according to Schedule A, attached hereto.
c. If DISTRICT fails to receive ASES grant funding, CONSULTANT will hold DISTRICT harmless for any financial liabilities or obligations it has incurred. d. Timing and amounts of payments will be made according to Schedule A, attached hereto. If the funds received from CDE change, a pro rata adjustment to the maximum amount available for payment to CONSULTANT will be made.
e. CONSULTANT fee will only be paid out of funds received by DISTRICT from the State and only up to the limits of this agreement.
f. CONSULTANT is to provide documentation necessary for annual independent audits, in accordance with CDE requirements. Any additional audit cost bill to DISTRICT due to lack of documentation will be billed to CONSULTANT for payment.
g. DISTRICT may reduce funding if the annual attendance average does not meet at least 75% of the attendance required by CDE in a single year or is less than 85% in two consecutive years. h. &2168/7$17 will be paid up to an additional $250,000 per school year for 10 additional staff members needed to meet the increase in ratios required in Attachment A, section II(k). i. If additional staff are needed to meet ratios required in Attachment A, section II(k) CONSULTANT will be paid at an annualized rate of $25,000 for the time span each additional staff member is needed to maintain the ratios set forth in Attachment A, section II(k), not to exceed an addition 40 staff members.

MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 294 of 347 Estimated 95.00% OMSD's
No. School Program Allocation To Montclair Balance Tenthly Payment 060 El Camino ASES AfterͲschool Base 125,994.29  119,694.57 6,299.72 11,969.46 064 Howard ASES AfterͲschool Base 152,612.13  144,981.53 7,630.60 14,498.15 065 Kingsley ASES AfterͲschool Base 162,867.66  154,724.28 8,143.38 15,472.43 066 Lehigh ASES AfterͲschool Base 166,652.44  158,319.82 8,332.62 15,831.98 071 Mission ASES AfterͲschool Base 96,558.52  91,730.60 4,827.92 9,173.06 072 Monte Vista ASES AfterͲschool Base 181,627.94  172,546.54 9,081.40 17,254.65 073 Moreno ASES AfterͲschool Base 152,612.13  144,981.53 7,630.60 14,498.15 074 Ramona ASES AfterͲschool Base 152,612.13  144,981.53 7,630.60 14,498.15 382 Serrano ASES AfterͲschool Base 139,184.30  132,225.09 6,959.21 13,222.51 383 Vernon ASES AfterͲschool Base 82,088.35  77,983.93 4,104.42 7,798.39 1,412,809.90 1,342,169.42 70,640.48 134,216.93 Schedule A
OntarioͲMontclair School District
ASES Payment Schedule—City of Montclair
July 1, 2022 through June 30, 2023
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CITY COUNCIL

AGENDA REPORT
DATE: JUNE 6, 2022
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 8
FILE I.D.: HSV030
DEPT.: HUMAN SVCS.

PREPARER: A. COLUNGA
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 22–59 WITH ONTARIO–MONTCLAIR SCHOOL DISTRICT TO SUPPORT THE MONTCLAIR AFTER–SCHOOL SUMMER

EXPANDED LEARNING PROGRAM, SUBJECT TO ANY REVISIONS DEEMED NECESSARY

BY THE CITY ATTORNEY
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 22–59 with the Ontario–Montclair School District (OMSD) to support the Montclair After–school Summer Expanded Learning Program.

BACKGROUND: The Human Services Department has delivered after–school programs within OMSD schools since 1999. Funding for this program originates from the California Department of Education, After–School Education and Safety (ASES) Supplemental Expanded Learning program through grants made available to local education authorities, such as OMSD. The purpose of the funding is to provide communities with enhanced community–based after–school services in an effort to strengthen healthy child development.

Proposed Agreement No. 22–59 would provide funding for summer expanded learning from May to June 2023 at the following five school sites: Kingsley, Lehigh, Mission, Monte Vista, and Serrano. The funding for these school sites, would be used to support summer academic, recreational, and enrichment activities for children in the 2022 Summer expanded learning programs.

FISCAL IMPACT: Should the City Council approve proposed Agreement No. 22–59, OMSD would provide $141,056.44 to fund personnel, training, supplies, and grant oversight. The term of proposed Agreement No. 22–59 is July 1, 2022, through June 30, 2023.

RECOMMENDATION: Staff recommends the City Council approve Agreement No. 21–59 with Ontario–Montclair School District to support the Montclair After–school Program, subject to any revisions deemed necessary by the City Attorney.

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Rev. 3/22

AGREEMENT FOR SERVICES

ONTARIO-MONTCLAIR SCHOOL DISTRICT
950 WEST "D" STREET y ONTARIO, CALIFORNIA 91762y (909) 459-2500 THIS AGREEMENT is made and entered into this ______ day of _________________ by and between the Ontario-Montclair School District, hereinafter referred to as the "DISTRICT," and _____________________________________________, hereinafter referred to as the “CONSULTANT."

1. SERVICES TO BE PERFORMED BY CONSULTANT
a) Scope of Work. CONSULTANT agrees to perform the following services on the dates and times herein stated in accordance with directions stipulated to by DISTRICT (provide attachment if necessary):
b) Staffing. CONSULTANT may, at CONSULTANT’s own expense, employ such assistants as CONSULTANT deems necessary to perform the services required of CONSULTANT by this Agreement. DISTRICT will not train, control, direct, or supervise CONSULTANT’s assistants or employees in the performance of those services.
c) Independent Contractor. Consultant is, and shall at all times be deemed to be, an independent contractor and shall be responsible for determining the sequence, method, details and manner in which it performs those services required under the terms of this Agreement. Nothing herein contained shall be construed as creating a relationship of employer and employee, or principal and agent, between DISTRICT and CONSULTANT or any of CONSULTANT’s agents or employees. CONSULTANT assumes exclusive responsibility for the acts of its employees or agents as they relate to services to be provided during the course and scope of their employment.

CONSULTANT, its agents and employees, shall not be entitled to any rights and/or privileges of DISTRICT’s employees and shall not be considered in any manner to be DISTRICT’s employees.
d) Public Entity Employee. If CONSULTANT is a regular employee of a public entity, all services which CONSULTANT renders under this Agreement will be performed at times other than CONSULTANT’s regular assigned work day for said entity or during periods of vacation or leave of absence from said entity, using CONSULTANT’s own resources.

2. COMPENSATION
a) Compensation for Services. Except as otherwise provided in this Agreement, DISTRICT agrees to compensate CONSULTANT for services rendered under this Agreement as follows:

OMSD Contract Number: __________________
0RQWFODLU$JUHHPHQW1XPEHU
22-59
C-223-048
16 June, 2022
City of Montclair
Provide staff and materials for the ASES Supplemental expanded learning program. See Attachment A for details.

See Attachment B and Schedule A for details.

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b) Travel Expenses. DISTRICT will pay no additional amount for travel or other expenses of CONSULTANT under this Agreement unless specified below under section 2(c). Should travel or other expenses be specified below, CONSULTANT shall be entitled to the lesser amount of

1. The not to exceed amount stated, or

2. The actual amount expended. Supporting documentation for the authorized travel or other expenses shall be attached to this Agreement.
c) Summary of Compensation
Services: _________________________________________________________ Travel Expense: _________________________________________________________ Total contract amount not to exceed (services + travel) ________________________________ d) Retired STRS or PERS. If this Agreement is with an individual consultant, CONSULTANT shall notify the DISTRICT whether or not CONSULTANT is a retired member of the California State Teacher's Retirement System (STRS) or the California Public Employees Retirement System (PERS).
e) Income Tax. DISTRICT will not withhold any federal or state income tax for payment made pursuant to this Agreement but, if applicable, will provide CONSULTANT with a statement of earnings at the end of each calendar year. CONSULTANT is hereby advised that such statement of earnings shall, if required, be provided to the Internal Revenue Service and the State Franchise Tax Board.
f) Documentation Required For Payment. Unless specified below, payment for services and travel shall be made by DISTRICT to CONSULTANT after services/travel has been completed and consultant submits documentation for payment (e.g. consultant invoice).

3. TERM OF AGREEMENT
The term of this Agreement is from __________________ through ___________________, unless sooner terminated pursuant to the provisions of Section 6 of this Agreement. DISTRICT and CONSULTANT may mutually agree in writing to extend the term of this Agreement provided, however, DISTRICT shall not be obligated to pay CONSULTANT any additional consideration unless CONSULTANT undertakes additional services, in which instance the consideration shall be increased as DISTRICT and CONSULTANT shall agree in writing.

4. OBLIGATIONS OF CONSULTANT
a) Services Performed. During the term of this Agreement, CONSULTANT agrees to diligently prosecute the work specified in the "Services to be Performed by Consultant" to completion.

CONSULTANT may represent, perform services for, and be employed by such additional clients, persons, or companies as CONSULTANT, in CONSULTANT’s sole discretion, sees fit. b) Use of District Space and Resources. CONSULTANT will provide all space, materials, tools, and instrumentalities required to perform the services under this Agreement at CONSULTANT’s expense, and shall not be entitled to reimbursement. CONSULTANT shall not be entitled to any benefits the DISTRICT may make available to its employees, including, but not limited to, office or business equipment, office space, supplies, group health, life insurance, vacation or retirement benefits.
$141,056.44
July 1, 2022 June 30, 2023
$141,056.44
NA
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F
Regulatory Compliance. CONSULTANT shall comply with all federal, state and local laws and ordinances applicable to the work to be performed under this Agreement.

G
Asbestos Hazard Emergency Response Act (AHERA) and Lead Based Paint Compliance.

CONSULTANT shall comply with the DISTRICT’s Asbestos Hazard Emergency Response Act (AHERA) and Lead Based Paint compliance procedures. Prior to starting any construction work at a DISTRICT facility (including demolition, drilling/penetrating, cutting/tearing, sanding, scraping, screwing/unscrewing, or other similar activities) the following requirements must be met:
 Contact the Facilities Planning and Operations Department (909-418-6366) to discuss the project and the planned method of construction or installation to occur.  Receive and review the District’s Asbestos Hazard Emergency Response Act (AHERA) Management Plan Book that identifies the known location(s) of asbestos and/or lead-based paint containing materials for the subject site to confirm these materials will not be disturbed during the course of your work.
 Obtain authorization from the Facilities Planning and Operations Department.

H
Fingerprinting. CONSULTANT shall comply with the requirements of Education Code section 45125.1 with respect to fingerprinting of employees who may have any interaction with the DISTRICT’s pupils (whether such interaction is in person or electronic, and whether the interaction is through writing, voice or video) if CONSULTANT, including but not limited to CONSULTANT if CONSULTANT is among the agents providing services, has any student interaction outside of the immediate supervision and control of the pupils’ parent/guardian or a school employee. If at any time during the term of this Agreement CONSULTANT is either notified by the Department of Justice or otherwise becomes aware that any employee of CONSULTANT, including CONSULTANT, performing services under this Agreement has been arrested or convicted of a violent or serious felony as defined in California Education Code Section 45122.1, CONSULTANT agrees immediately to notify the DISTRICT and remove said employee from performing services on this Agreement. CONSULTANT shall certify in writing to the DISTRICT that neither the CONSULTANT nor any of its employees who are required by this section to submit or have their fingerprints submitted to the Department of Justice and who may come in contact with pupils have been convicted of a felony as defined in Education Code section 45122.1 (Exhibit A).

I
Indemnification. CONSULTANT shall indemnify, pay for the defense of, and hold harmless DISTRICT and its officers, agents and employees of and from any and all liabilities, claims, debts, damages, demands, suits, actions and causes of actions of whatsoever kind, nature or sort which may be incurred by reason of CONSULTANT’s negligent or willful acts and/or omissions in rendering any services hereunder, including but not limited to the negligent or willful acts and/or omissions of CONSULTANT’s employees and agents. CONSULTANT shall assume full responsibility for payments of federal, state and local taxes or contributions imposed or required under the social security, workers' compensation or income tax law, or any disability or unemployment law, or retirement contribution of any sort whatever, concerning CONSULTANT or any employee/agent of CONSULTANT and shall further indemnify, pay for the defense of, and hold harmless DISTRICT of and from any such payment or liability arising out of or in any manner connected with CONSULTANT’s performance under this Agreement. J
Insurance Requirements. During the entire term of this Agreement, CONSULTANT shall procure, pay for and keep in full force and effect the following types of insurance:

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1. General Liability Insurance. Commercial general liability insurance, covering bodily injury liability, property damage liability and personal injury liability of CONSULTANT with respect to the services provided by, or on behalf of, CONSULTANT under this Agreement. The policy limits shall not be less than One Million dollars ($1,000,000) per occurrence. The policy may not contain an exclusion for coverage of claims arising from claims for sexual molestation or abuse. In the event that CONSULTANT’s policy should have an exclusion for sexual molestation or abuse claims, then CONSULTANT shall be required to procure a supplemental policy providing such coverage. a. The DISTRICT requires the Certificate of Liability Insurance to show the DISTRICT as the “Certificate Holder’ and “Additional Insured” on the CONSULTANT’S general liability insurance policy. Requested wording in the “Description box” is as follows:

The Ontario-Montclair School District, its departments, officers, agents, and employees are additional insureds with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named “Insured.”

2. Auto Liability Insurance.

CONSULTANT agrees that services in conjunction with this agreement will be conducted in CONSULTANT’s office or at a DISTRICT school site and CONSULTANT will not drive Student in private or commercial vehicle to conduct assessments or conduct other business in conjunction with this agreement. Accordingly, commercial automobile insurance will not be required in conjunction with this agreement. Should CONSULTANT need to provide services in conjunction with this agreement that do require Student transportation in a private or commercial vehicle, the DISTRICT and CONSULTANT will mutually agree on services to be provided, and CONSULTANT will provide insurance as follows: Business auto liability insurance covering the use of "owned, non-owned and hired" autos by or on behalf of CONSULTANT respect to the services to be performed under this Agreement. The policy limits shall not be less than One Million dollars ($1,000,000) per occurrence. The Auto Liability Insurance policy shall include waiver of subrogation via separate endorsement.

3. Workers' Compensation Insurance. This coverage is required unless CONSULTANT provides written verification it has no employees. Coverage must be at least as broad as that which is required by the State of California, with Statutory Limits. CONSULTANT must also maintain Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. Workers’ compensation policy shall include waiver of subrogation via separate endorsement.

The policies of insurance described in Paragraph (4g.1-3) listed above shall be carried with responsible and solvent insurance companies authorized to do business in the State of California. True and correct copies of all certificates of insurance reflecting the coverage required in Paragraph (4g.1- 3) shall be provided to DISTRICT prior to the commencement of services under this Agreement.

CONSULTANT agrees that it shall not cancel or change the coverage provided by the policies of insurance described in Paragraph (4g.1-3) above without first giving the DISTRICT’s Chief Business Official, thirty (30) days prior written notice. Should any such policy of insurance be canceled or changed, CONSULTANT agrees to immediately provide DISTRICT true and correct copies of all new or revised certificates of insurance.
h) Written Consent. Neither this Agreement nor any duties or obligations under this Agreement may be assigned by CONSULTANT without the prior written consent of DISTRICT.

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i) Vaccine Verification/Testing: CONSULTANT shall verify the vaccination status of all “workers” and to require all unvaccinated or incompletely vaccinated workers to undergo weekly diagnostic screening testing and shall complete and return the Contractor Attestation of Compliance (Exhibit B).

5. OBLIGATIONS OF DISTRICT
a) Professional Services. DISTRICT agrees to comply with all reasonable requests by CONSULTANT and to provide access to all documents reasonably necessary for the performance of CONSULTANT’s duties under this Agreement.

6. TERMINATION OF AGREEMENT
a) Termination without Cause. Unless otherwise terminated as provided below, this Agreement shall continue in force during the term of the Agreement, or until the services provided for herein have been fully and completely performed, whichever shall occur first, and shall thereupon terminate.
b) Termination for Breach. Should CONSULTANT default in the performance of this Agreement or breach any of its provisions, DISTRICT may terminate this Agreement by giving written notification to CONSULTANT.
c) Immediate Suspension/Termination by District. If at any time during the performance of this Agreement DISTRICT determines, at its sole discretion, to suspend indefinitely or abandon the work under this Agreement, DISTRICT shall have the right to terminate the performance of CONSULTANT’s services hereunder by giving written notification to CONSULTANT of its intention to terminate.
d) Effect of Termination. In the event that DISTRICT terminates this Agreement under paragraph (b) or (c) of this Section, CONSULTANT shall only be paid for those services rendered to the date of termination. All cash deposits made by DISTRICT to CONSULTANT, if any, shall be refundable to DISTRICT in full upon termination of this Agreement unless specified to the contrary below.
______________________________________________________________________________

7. GENERAL PROVISIONS
a) Notices. Any notices to be given hereunder by either party to the other may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested. Notices shall be deemed given and served upon delivery personally, or three (3) days after depositing in the United States Mail. Mailed notices shall be addressed to the parties at the addresses set forth in this Agreement for DISTRICT and CONSULTANT. The foregoing addresses may be changed by written notice to the other party as provided herein. b) Validity of Agreement. This Agreement supersedes any and all agreements either oral or written, between the parties hereto with respect to the rendering of services by CONSULTANT and contains all of the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding.

Any modification of this Agreement will be effective only if it is in writing, signed by both NA
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parties, except DISTRICT may unilaterally amend the Agreement to accomplish the changes listed below:
(1) Increase dollar amounts; (2) Administrative changes; and (3) Changes as required by law. c) Court Findings. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. d) California Laws. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
e) Audit. Pursuant to and in accordance with the provisions of Government Code Section 8546.7 or any amendments thereto, all books, records and files of DISTRICT, CONSULTANT, or any subcontractor connected with the performance of this Agreement involving the expenditure of public funds in excess of Ten Thousand Dollars ($10,000), including, but not limited to the administration thereof, shall be subject to the examination and audit of the State Auditor General of the State of California, at the request of the DISTRICT or as a part of any audit of DISTRICT, for a period of three (3) years after final payment is made under this Agreement.

CONSULTANT shall preserve and cause to be preserved such books, records and files for the audit period.
f) Contractual/Equitable Remedies. CONSULTANT agrees that the DISTRICT is the sole entity against whom the CONSULTANT may seek either contractual or equitable remedies, and further agrees not to seek contractual or equitable remedies (including, but not limited to injunctive relief and quantum meruit) against DISTRICT employees or beneficiaries of the Agreement. g) Board of Trustees Approval. CONSULTANT warrants that he or she has the authority to so execute this Agreement and that no further approval of any kind is necessary to bind it hereto.

This Agreement shall not become binding upon the DISTRICT until it has been duly approved or ratified by the Board of Trustees.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written.
“DISTRICT” “CONSULTANT”
Signature Signature
Date Printed Name/Title
Printed Name/Title Date
Ontario-Montclair School District
950 West D Street Ontario, CA 91762 Email Address/
Street Address
City, State, Zip Code
Telephone Number
ƚƚĞƐƚ:ŶĚƌĞĂWŚŝůůŝƉƐ͕ŝƚLJůĞƌŬ
______________________
Approved by OMSD Board:
______________________
Phil Hillman, Chief Business Official
[email protected]
5111 Benito Street
Montclair, CA 91763
(909) 626-8571
Javier “John” Dutrey, Mayor
MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 302 of 347 OMSD Agreement for Consultant Services
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Exhibit A
Certification of Compliance with California Education Code Section 45125.1 (Fingerprinting)
In compliance with California Education Code Section 45125.1, I hereby certify that no owner or employee of _____________________________________________ [name of CONSULTANT] (“CONSULTANT”) who may have any interaction with pupils (whether such interaction is in person or electronic, and whether the interaction is through writing, voice or video) outside of the immediate supervision and control of the pupils’ parent/guardian or a school employee, shall be permitted to have any contact with students until after I have received and reviewed a report based on their LiveScan fingerprint report that they have not been convicted of a felony as defined in California Education Code Section 45122.1. In advance of their contact with pupils, I shall certify receipt and review of a report from the LiveScan report that they have not been convicted of a felony as defined in California Education Code Section 45122.1. I also understand that I must provide to the Ontario-Montclair School District any subsequent arrest and conviction information that we receive concerning these individuals, and that I shall immediately remove the person from performing services on this Agreement. The Ontario-Montclair School District is entitled to rely upon my representations in this Certification. CONSULTANT hereby agrees to indemnify Ontario-Montclair School District for any and all claims, damages, suits and liability that arise out of, relate to or is associated with a failure of CONSULTANT to comply with California Education Code Section 45125.1 or with a failure to exercise reasonable care with respect to proper selection and/or supervision of CONSULTANT’s employees who may come in contact with pupils.

CONSULTANT INFORMATION
Signature
Printed Name/Title
Date
Email Address/
Street Address
City, State, Zip Code
Telephone Number
City of Montclair
Javier “John” Dutrey, Mayor
[email protected]
5111 Benito Street
Montclair, CA 91763
(909) 626-8571
MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 303 of 347 OMSD Agreement for Consultant Services
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Exhibit B

VACCINE VERIFICATION/TESTING POLICY
On August 11, 2021, the California Department of Public Health (“CDPH”) issued State Public Health Officer Order of August 11, 2021 (“Order”),1
which requires all public and private
schools serving TK through 12th grade students to verify the vaccination status of all “workers” and to require all unvaccinated or incompletely vaccinated workers to undergo weekly diagnostic screening testing. The Order took effect August 12, 2021, and requires full compliance by October 15, 2021.

To comply with this legal mandate, the District is imposing the following requirements for all “workers” who enter District sites. The term “workers” includes all District employees, contractors, volunteers, and any other paid or unpaid adult serving in the District or who is working on-site at any school campus or District facility.

Vaccine Verification
You must verify the vaccination status of all of your employees using one of the following methods of proof:
a. COVID-19 Vaccination Record Card (issued by the Department of Health and Human Services Centers for Disease Control & Prevention or WHO Yellow Card2 ) which
includes name of person vaccinated, type of vaccine provided and date last dose administered); OR
b. A photo of a Vaccination Record Card (front and back) as a separate document; OR c. A photo of the worker’s Vaccination Record Card (front and back) stored on a phone or electronic device; OR
d. Documentation of COVID-19 vaccination from a health care provider that includes the patient’s name, vaccine date(s), and vaccine type; OR
e. Digital record that includes a QR code that when scanned by a SMART Health Card reader displays to the reader client name, date of birth, vaccine dates and vaccine type.

Workers who are not fully vaccinated, or for whom vaccine status is unknown or documentation is not provided, must be considered unvaccinated. “Fully Vaccinated” means individuals who are considered fully vaccinated for COVID-19: two weeks or more after they have received the second dose in a 2-dose series (Pfizer-BioNTech or Moderna or vaccine authorized by the World Health Organization), or two weeks or more after they have received a single-dose vaccine (Johnson and Johnson [J&J]/Janssen). “Incompletely vaccinated” means persons who have received at least one dose of COVID-19 vaccine but do not meet the definition of fully vaccinated.
1 The Order is available at https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/Order-of-the-StatePublic-Health-Officer-Vaccine-Verification-for-Workers-in-Schools.aspx. 2 “WHO Yellow Card” refers to the original World Health Organization International Certificate of Vaccination or Prophylaxis issued to the individual following administration of the COVID-19 vaccine in a foreign country.

MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 304 of 347 OMSD Agreement for Consultant Services
Page | 9
7Hsting Requirement for Workers Not Fully Vaccinated
Effective October 15, 2021, workers will only be permitted on District sites and facilities if they have submitted proof of vaccination (as described above) or if not fully vaccinated, have undergone weekly COVID-19 diagnostic screening testing, as follows:
a. Workers may be tested with either antigen or molecular tests to satisfy this requirement, but unvaccinated or incompletely vaccinated workers must be tested at least once weekly with either PCR testing or antigen testing. Any PCR (molecular) or antigen test used must either have Emergency Use Authorization by the U.S. Food and Drug Administration or be operating per the Laboratory Developed Test requirements by the U.S. Centers for Medicare and Medicaid Services.
b. Unvaccinated or incompletely vaccinated workers must also observe all other infection control requirements, and are not exempted from the testing requirement even if they have a medical contraindication to vaccination, since they are still potentially able to spread the illness. Previous history of COVID-19 from which the individual recovered more than 90 days earlier, or a previous positive antibody test for COVID-19, do not waive this requirement for testing.
c. Effective October 15, 2021, unvaccinated workers who fail or refuse to comply with the weekly testing requirement will be excluded from District sites and facilities.

We are not asking you to provide us with vaccination records or other medical or health records of your employees, but merely that you comply with the requirements set forth above for verifying vaccination status and/or requiring your employees to submit to weekly testing.

MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 305 of 347 OMSD Agreement for Consultant Services
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CONTRACTOR ATTESTATION OF COMPLIANCE

MANDATORY VACCINATION VERIFICATION/WEEKLY TESTING OF

CONTRACTED WORKERS PROVIDING SERVICES AT ONTARIO-MONTCLAIR

SCHOOL DISTRICT
CONTRACTOR NAME: ____________________________________________________________ AGREEMENT/PURCHASE ORDER #: __________________________________________________ NAME OF PERSON MAKING THIS ATTESTATION: ________________________________________ TITLE OF PERSON MAKING THIS ATTESTATION: ________________________________________ On behalf of the Contractor named above, the undersigned hereby attests:

I/Contractor have read, understand, and will comply with the District’s Vaccine Verification/Testing Policy as outlined in this correspondence and the State Public Health Officer Order of August 11, 2021, with regard to employees of the Contractor providing services at District sites and facilities.

Initial: __________
I/Contractor have verified the vaccination status of all employees who provide services at District sites and facilities using one of the following methods of proof:
a. COVID-19 Vaccination Record Card (issued by the Department of Health and Human Services Centers for Disease Control & Prevention or WHO Yellow Card3 ) which
includes name of person vaccinated, type of vaccine provided and date last dose administered); OR
b. A photo of a Vaccination Record Card (front and back) as a separate document; OR c. A photo of the worker’s Vaccination Record Card (front and back) stored on a phone or electronic device; OR
d. Documentation of COVID-19 vaccination from a health care provider that includes the patient’s name, vaccine date(s), and vaccine type; OR
e. Digital record that includes a QR code that when scanned by a SMART Health Card reader displays to the reader client name, date of birth, vaccine dates and vaccine type.

Initial: __________
3 “WHO Yellow Card” refers to the original World Health Organization International Certificate of Vaccination or Prophylaxis issued to the individual following administration of the COVID-19 vaccine in a foreign country.

C-223-048
MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 306 of 347 OMSD Agreement for Consultant Services
Page | 11
I/Contractor attest that any employee associated with Contractor who has not provided proof of full vaccination as described above is undergoing weekly COVID-19 diagnostic screening testing in accordance with the District’s Vaccine Verification/Testing Policy, for which the Contractor collects, monitors, and documents weekly test results.

Initial: ___________
I/Contractor attest that no employee associated with Contractor will work or visit any District site or facility who is not fully vaccinated or who has not received a negative COVID-19 test within one week of the visit.

Initial: ____________
I, the person/official named below, attest under penalty of perjury under the laws of the State of California, that I am duly authorized to legally bind Contractor and that the attestation, statements, and assertions indicated above are true and correct.

AUTHORIZED SIGNATURE: _______________________________________________ DATE EXECUTED: __________________

END OF AGREEMENT FOR CONSULTANT SERVICES
MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 307 of 347 Attachment A
CONSULTANT: City of Montclair
Services to be performed by CONSULTANT:

CONSULTANT agrees to perform the following services on the dates and times herein stated in accordance with directions stipulated to by DISTRICT (provide attachment if necessary):
, CONSULTANT will provide staff and materials to operate the expanded learning program services at the following sites:

D Kingsley
E Lehigh
F Mission
G Monte Vista
H Serrano.
,, CONSULTANT will have the following responsibilities in support of the ASES program:

D Coordinate the academic assistance, homework support, and enrichment portions (including time for physical activity) of the ASES program at each school site.

E Hire, train, and supervise site staff, including the site coordinators and program leaders.

F Seek regular input from principals regarding performance evaluations, including recommendations for retraining and terminating a site coordinator and/or other site staff.

G Participate in all cross-training for site coordinators and program leaders.

H Maintain ongoing communication between &2168/7$17 staff and school staff regarding student needs and progress, including, but not limited to attendance at school-day meetings and/or one-on-one meetings with teachers.

I Coordinate ASES activities with school staff to assure program supports current academic goals of teachers and administrators.

J Provide academic assistance and other activities specifically supporting, but not duplicating, daytime curriculum and academic goals.

K Foster communication with and involvement of parents through parent orientations, parent handbook, development and distribution of periodic newsletters, and hosting, at a minimum, one parent night.

L Regularly attend and participate in regularly scheduled operation meetings with DISTRICT liaison.

M Provide the DISTRICT, in a timely manner, with any required documentation, such as, but not limited to, monthly program evaluations, attendance, and supper counts.

N CONSULTANT staffing will be at a ratio of 20 students to one staff for grades 1-8 and at a ratio of 10 students to one staff for grades TK and K.

O In the event there is temporarily not sufficient staffing to meet ratios listed in Attachment A, section II(k), CONSULTANT agrees to recruit, hire, and train additional staff to meet the ratios noted in Attachment A, section II(k).

P CONSULTANT will be timely in the hiring of necessary staff and communicate any delays in hiring staff to the DISTRICT.
,,, In the event DISTRICT implements a distance learning model for delivering education services for a part of, or the entire school year, the expanded learning programs, which include programs after school and summer programs may also move to a distance learning format, if permitted by the California Department of Education. Such distance learning formats include, but are not limited to, prerecorded video lessons, printed assignments, or live video lessons. If the expanded learning programs move to a distance learning format, CONSULTANT will implement checks to obtain reasonable assurance of student attendance. Such checks may include, but are not limited to virtual roll calls, parental contact, or email confirmations.
,9 Section 4(f) of this agreement is amended as follows.

Provided however, such indemnification shall be only in proportion to and to the extent such liability, claim, debt, damage, demand, suit, action or cause of action is caused by or results from the improper conduct and/or negligence or intentional acts or omissions of CONSULTANT, its officers, employees, or agents.

MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 308 of 347 Attachment B
CONSULTANT: City of Montclair
Compensation:
, Except as otherwise provided in this Agreement, DISTRICT agrees to compensate CONSULTANT for services rendered under this Agreement as follows:

D CONSULTANT will be paid 95.0% of grant award from the California Department of Education (henceforth CDE), according to Schedule A, attached hereto.

E Administrative costs may not exceed 5.0% of grant award from CDE, according to Schedule A, attached hereto.

F If DISTRICT fails to receive ASES grant funding, CONSULTANT will hold DISTRICT harmless for any financial liabilities or obligations it has incurred.

G Timing and amounts of payments will be made according to Schedule A, attached hereto. If the funds received from CDE change, a pro rata adjustment to the maximum amount available for payment to CONSULTANT will be made.

H CONSULTANT fee will only be paid out of funds received by DISTRICT from the State and only up to the limits of this agreement.

I CONSULTANT is to provide documentation necessary for annual independent audits, in accordance with CDE requirements. Any additional audit cost bill to DISTRICT due to lack of documentation will be billed to CONSULTANT for payment.

J DISTRICT may reduce funding if the annual attendance average does not meet at least 75% of the attendance required by CDE in a single year or is less than 85% in two consecutive years.

MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 309 of 347 Estimated 95.00% OMSD's
No. School Program Allocation To Montclair Balance Tenthly Payment 065 Kingsley ASES Supplemental 31,212.78 29,652.14 1,560.64 2,965.21 066 Lehigh ASES Supplemental 28,219.84 26,808.85 1,410.99 2,680.89 071 Mission ASES Supplemental 24,925.41 23,679.14 1,246.27 2,367.91 072 Monte Vista ASES Supplemental 41,559.33 39,481.37 2,077.96 3,948.14 382 Serrano ASES Supplemental 22,563.09 21,434.94 1,128.15 2,143.49 148,480.45 141,056.44 7,424.01 14,105.64 Schedule A
OntarioͲMontclair School District
ASES Payment Schedule—City of Montclair
July 1, 2022 through June 30, 2023
MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 310 of 347

CITY COUNCIL

AGENDA REPORT
DATE: JUNE 6, 2022
SECTION: CONSENT - RESOLUTIONS
ITEM NO.: 1
FILE I.D.: STB300–17
DEPT.: CITY MGR.

PREPARER: C. GRAVES
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 22–3349 AUTHORIZING PLACEMENT

OF LIENS ON CERTAIN PROPERTIES FOR DELINQUENT SEWER AND TRASH CHARGES REASON FOR CONSIDERATION: Staff has identified 154 sewer and trash accounts in the even–numbered–month billing cycle that are more than three billing periods delinquent. Pursuant to Montclair Municipal Code Chapter 1.12, these properties are subject to lien.

BACKGROUND: Ordinance No. 02–815 authorizes the placement of liens on properties on which delinquent civil debts have accrued and makes property owners responsible for delinquent sewer and trash charges accrued after the effective date of the Ordinance (March 1, 2002) for accounts in tenants' names. Prior to the City Council's adoption of Ordinance No. 02–815, property owners were responsible for only those accounts in their own names.

FISCAL IMPACT: Recoverable amount is $52,394.60, plus $3,080.00 for release of lien fees, plus $7,700.00 in lien fees, for a total of $63,274.60.

RECOMMENDATION: Staff recommends the City Council adopt Resolution No. 22–3349 authorizing placement of liens on certain properties for delinquent sewer and trash charges as listed on Exhibit A of said Resolution.

MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 311 of 347 Resolution No. 22–3349 Page 1 of 1
RESOLUTION NO. 22–3349

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF MONTCLAIR AUTHORIZING

PLACEMENT OF LIENS ON CERTAIN

PROPERTIES FOR DELINQUENT SEWER

AND TRASH ACCOUNTS
WHEREAS, Chapter 1.12 of the Montclair Municipal Code authorizes the City to place liens on properties on which delinquent civil debts have accrued; and WHEREAS, all owners of property in the City of Montclair were notified about the adoption of Ordinance No. 02–815 authorizing placement of liens on properties on which delinquent civil debts have accrued; and
WHEREAS, it has been determined that there are 154 sewer and/or trash accounts on which there are delinquencies in excess of 90 days; and WHEREAS, the owners of these properties have received regular billing statements and late notices since the onset of such delinquencies; and WHEREAS, the owners of these properties were notified on May 5, 2022, that their delinquent accounts are subject to causing a lien to be placed on their properties for settlement of such delinquencies; and that such liens would be considered for approval by the Montclair City Council on Monday, June 6, 2022.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Montclair approves the placement of liens on the properties and in the amounts specified in Exhibit A, entitled Report of Delinquent Civil Debts – June 2022, attached hereto.

BE IT FURTHER RESOLVED that the City Clerk is authorized to provide the San Bernardino County Auditor/Controller–Recorder with the documents required to cause such liens to be placed.

APPROVED AND ADOPTED this XX day of XX, 2022.

Mayor
ATTEST:

City Clerk
I, Andrea M. Myrick, City Clerk of the City of Montclair, DO HEREBY CERTIFY that Resolution No. 22–3349 was duly adopted by the City Council of said city and was approved by the Mayor of said city at a regular meeting of said City Council held on the XX day of XX, 2022, and that it was adopted by the following vote, to–wit:

AYES: XX
NOES: XX
ABSTAIN: XX
ABSENT: XX
Andrea M. Myrick
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 312 of 347 Exhibit A to Resolution No. 22–3349
Report of Delinquent Civil Debts – June 2022

Street No. Street Account Type Delinquency Release of
Lien Fee Lien Fee Total Lien Amount
11225 Ada Avenue Residential 295.24 20.00 50.00 365.24
11239 Ada Avenue Residential 494.06 20.00 50.00 564.06
11141 Amherst Avenue Residential 296.83 20.00 50.00 366.83 11151 Amherst Avenue Residential 295.54 20.00 50.00 365.54 4990 Arrow Hwy Residential 279.51 20.00 50.00 349.51
4624 Bandera Street Multifamily 1,229.98 20.00 50.00 1,299.98 4740 Bandera Street Multifamily 1,188.53 20.00 50.00 1,258.53 4959 Bandera Street Residential 216.52 20.00 50.00 286.52 5065 Bandera Street Residential 297.09 20.00 50.00 367.09 5071 Bandera Street Residential 261.53 20.00 50.00 331.53 5077 Bandera Street Residential 275.55 20.00 50.00 345.55 5169 Bandera Street Residential 204.54 20.00 50.00 274.54 5207 Bandera Street Residential 222.98 20.00 50.00 292.98 5239 Bandera Street Residential 663.52 20.00 50.00 833.52 5598 Bandera Street Residential 308.07 20.00 50.00 378.07 10145 Bel Air Avenue Residential 296.83 20.00 50.00 366.83 10283 Bel Air Avenue Residential 309.87 20.00 50.00 379.87 5216 Belvedere Way Residential 261.83 20.00 50.00 331.83 5219 Belvedere Way Residential 322.78 20.00 50.00 392.78 10376 Benson Avenue Residential 273.70 20.00 50.00 343.70 5214 Berkshire Way Residential 208.55 20.00 50.00 278.55 5232 Berkshire Way Residential 298.98 20.00 50.00 368.98 11235 Big Sky Avenue Residential 261.83 20.00 50.00 331.83 5011 Birch Street Residential 319.74 20.00 50.00 389.74 4990 Brooks Street Multifamily 487.95 20.00 50.00 557.95 11339 Brunswick Lane Residential 313.25 20.00 50.00 383.25 11457 Brunswick Lane Residential 313.25 20.00 50.00 383.25 10213 Camulos Avenue Residential 381.06 20.00 50.00 451.06 10234 Camulos Avenue Residential 367.93 20.00 50.00 437.93 10259 Camulos Avenue Residential 296.83 20.00 50.00 366.83 4924 Canoga Street Residential 296.83 20.00 50.00 366.83 11239 Carriage Avenue Senior 266.33 20.00 50.00 336.33
11178 Carrillo Avenue Residential 296.83 20.00 50.00 366.83 9515 Central Avenue Commercial 501.51 20.00 50.00 571.51 9802 Central Avenue Commercial 1,683.46 20.00 50.00 1,753.46 11368 Chandler Lane Residential 264.59 20.00 50.00 334.59 4337 Clair Street Residential 326.47 20.00 50.00 396.47 4397 Clair Street Residential 290.40 20.00 50.00 360.40 5216 Clair Street Residential 255.53 20.00 50.00 325.53 10164 Coalinga Avenue Residential 296.69 20.00 50.00 366.69 10276 Coalinga Avenue Residential 224.56 20.00 50.00 294.56 11148 Coalinga Avenue Residential 296.64 20.00 50.00 366.64 5216 Coventry Way Residential 411.54 20.00 50.00 481.54 11362 Cumberland Lane Residential 314.85 20.00 50.00 384.85 11370 Cumberland Lane Residential 314.85 20.00 50.00 384.85 11373 Cumberland Lane Residential 332.91 20.00 50.00 402.91 11469 Cumberland Lane Residential 313.73 20.00 50.00 383.73 11333 Dartmouth Lane Residential 314.85 20.00 50.00 384.85 MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 313 of 347 Exhibit A to Resolution No. 22–3349
Report of Delinquent Civil Debts – June 2022

Street No. Street Account Type Delinquency Release of
Lien Fee Lien Fee Total Lien Amount
11289 Deer Creek Avenue Residential 261.83 20.00 50.00 331.83 10190 Del Mar Avenue Residential 296.83 20.00 50.00 366.83 10236 Del Mar Avenue Residential 296.83 20.00 50.00 366.83 11159 Essex Avenue Residential 296.83 20.00 50.00 366.83 4705 Evart Street Residential 696.36 20.00 50.00 766.36 4790 Evart Street Residential 285.06 20.00 50.00 355.06 5030 Evart Street Residential 296.62 20.00 50.00 366.62 4219 Fauna Street Residential 296.83 20.00 50.00 366.83 4256 Fauna Street Residential 261.83 20.00 50.00 331.83 4267 Fauna Street Residential 358.62 20.00 50.00 428.62 4291 Fauna Street Residential 296.83 20.00 50.00 366.83 4456 Fauna Street Senior 266.33 20.00 50.00 336.33
4703 Fauna Street Residential 296.69 20.00 50.00 366.69 4738 Fauna Street Residential 296.80 20.00 50.00 366.80 4852 Fauna Street Residential 296.23 20.00 50.00 366.23 5061 Fauna Street Residential 288.98 20.00 50.00 358.98 8912 Felipe Avenue Residential 409.65 20.00 50.00 479.65 10232 Felipe Avenue Residential 296.69 20.00 50.00 366.69 8919-21 Felipe Avenue Multifamily 593.52 20.00 50.00 663.52 8947-49 Felipe Avenue Multifamily 593.52 20.00 50.00 663.52 4639 Flora Street Residential 410.17 20.00 50.00 480.17 4660 Flora Street Residential 296.69 20.00 50.00 366.69 4704 Flora Street Residential 298.29 20.00 50.00 368.29 4730 Flora Street Residential 316.83 20.00 50.00 386.83 4932 Flora Street Residential 326.33 20.00 50.00 396.33 5185 Flora Street Residential 339.09 20.00 50.00 409.09 10253 Fremont Avenue Residential 296.69 20.00 50.00 366.69 10287 Fremont Avenue Residential 326.33 20.00 50.00 396.33 10945 Fremont Avenue Multifamily 206.92 20.00 50.00 276.92 10149 Galena Avenue Residential 296.69 20.00 50.00 366.69 3792 Hampton Drive Residential 313.25 20.00 50.00 383.25 11418 Hartford Lane Residential 364.18 20.00 50.00 434.18 4103 Howard Street Residential 296.83 20.00 50.00 366.83 4341 Howard Street Residential 296.69 20.00 50.00 366.69 4581 Howard Street Residential 266.70 20.00 50.00 336.70 4705 Howard Street Residential 313.25 20.00 50.00 383.25 4910 Howard Street Residential 453.87 20.00 50.00 523.87 5013 Howard Street Senior 235.95 20.00 50.00 305.95
4558 Humboldt Court Residential 333.80 20.00 50.00 403.80 10236 Kimberly Avenue Residential 296.69 20.00 50.00 366.69 10244 Kimberly Avenue Residential 403.23 20.00 50.00 473.23 11065 Kimberly Avenue Residential 290.40 20.00 50.00 360.40 4762 Kingsley Street Residential 207.74 20.00 50.00 277.74 4909 Kingsley Street Residential 296.59 20.00 50.00 366.59 5019 Kingsley Street Residential 296.83 20.00 50.00 366.83 5198 Kingsley Street Multifamily 249.36 20.00 50.00 319.36 5476 Kingsley Street Residential 296.83 20.00 50.00 366.83 5524 Kingsley Street Residential 261.83 20.00 50.00 331.83 MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 314 of 347 Exhibit A to Resolution No. 22–3349
Report of Delinquent Civil Debts – June 2022

Street No. Street Account Type Delinquency Release of
Lien Fee Lien Fee Total Lien Amount
5217-19 Kingsley Street Residential 580.80 20.00 50.00 650.80 11362 Kingston Lane Residential 294.85 20.00 50.00 364.85 10360-
62 Lehigh Avenue Multifamily 593.73 20.00 50.00 663.73
10390-
62 Lehigh Avenue Multifamily 487.89 20.00 50.00 557.89
4414 Mane Street Residential 287.95 20.00 50.00 357.95
4428 Mane Street Residential 294.25 20.00 50.00 364.25
4543 Mane Street Residential 296.69 20.00 50.00 366.69
4839 Mane Street Residential 291.21 20.00 50.00 361.21
8875 Maple Avenue Residential 323.59 20.00 50.00 393.59 4441 Merle Street Residential 275.55 20.00 50.00 345.55 10189 Mills Avenue Residential 331.00 20.00 50.00 401.00 10231 Mills Avenue Residential 296.83 20.00 50.00 366.83 3788 Millstone Lane Residential 280.56 20.00 50.00 350.56 3796 Millstone Lane Residential 307.58 20.00 50.00 377.58 11419 Millstone Lane Residential 210.51 20.00 50.00 280.51 10120 Monte Vista Avenue Residential 210.07 20.00 50.00 280.07 10263 Monte Vista Avenue Residential 262.29 20.00 50.00 332.29 10290 Monte Vista Avenue Residential 415.56 20.00 50.00 485.56 10163 Oak Glen Avenue Senior 266.47 20.00 50.00 336.47
10176 Oak Glen Avenue Senior 370.52 20.00 50.00 440.52
10241 Oak Glen Avenue Residential 293.12 20.00 50.00 363.12 4595 Oakdale Street Residential 296.83 20.00 50.00 366.83 4909 Orchard Street Residential 293.72 20.00 50.00 363.72 4949 Orchard Street Residential 258.53 20.00 50.00 328.53 5171 Orchard Street Senior 266.47 20.00 50.00 336.47
5422 Orchard Street Residential 296.83 20.00 50.00 366.83 3765 Peachwood Drive Residential 313.25 20.00 50.00 383.25 3789 Peachwood Drive Residential 209.82 20.00 50.00 279.82 3881 Peachwood Drive Residential 329.97 20.00 50.00 399.97 3971 Peachwood Drive Residential 364.18 20.00 50.00 434.18 3979 Peachwood Drive Residential 330.69 20.00 50.00 400.69 10154 Poulsen Avenue Residential 336.43 20.00 50.00 406.43 11246 Poulsen Avenue Residential 261.83 20.00 50.00 331.83 10206 Pradera Avenue Residential 296.83 20.00 50.00 366.83 4620 Rawhide Street Residential 412.69 20.00 50.00 482.69 4833 Rawhide Street Residential 287.95 20.00 50.00 357.95 4675 Saddleback Street Residential 238.31 20.00 50.00 308.31 10988 San Juan Way Residential 261.83 20.00 50.00 331.83 11014 San Miguel Way Residential 296.83 20.00 50.00 366.83 11020 San Pasqual Avenue Residential 296.83 20.00 50.00 366.83 10204 Santa Anita Avenue Residential 306.48 20.00 50.00 376.48 10221 Santa Anita Avenue Residential 374.33 20.00 50.00 444.33 10170 Saratoga Avenue Residential 239.09 20.00 50.00 309.09 10226 Saratoga Avenue Residential 485.58 20.00 50.00 555.58 11054 Stagecoach Avenue Residential 296.69 20.00 50.00 366.69 11011 Stallion Avenue Residential 301.27 20.00 50.00 371.27 10289 Tudor Avenue Residential 296.83 20.00 50.00 366.83 MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 315 of 347 Exhibit A to Resolution No. 22–3349
Report of Delinquent Civil Debts – June 2022

Street No. Street Account Type Delinquency Release of
Lien Fee Lien Fee Total Lien Amount
10151 Vernon Avenue Residential 468.87 20.00 50.00 538.87 4230 Via Amore Residential 296.69 20.00 50.00 366.69
4184 Via Napoli Residential 469.93 20.00 50.00 539.93
10422 Via Palma Residential 290.40 20.00 50.00 360.40
4198 Via Viola Residential 317.65 20.00 50.00 387.65
11043 Wesley Avenue Residential 306.68 20.00 50.00 376.68 11053 Wesley Avenue Residential 298.29 20.00 50.00 368.29 10995 Whitewater Avenue Residential 324.14 20.00 50.00 394.14 11178 Whitewater Avenue Residential 296.23 20.00 50.00 366.23 4515 Yosemite Drive Residential 296.83 20.00 50.00 366.83 10472 Yosemite Drive Residential 290.41 20.00 50.00 360.41 Total: $52,394.60 $3,080.00 $7,700.00 $63,274.60
MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 316 of 347

CITY COUNCIL

AGENDA REPORT
DATE: JUNE 6, 2022
SECTION: CONSENT - RESOLUTIONS
ITEM NO.: 2
FILE I.D.: FIN225
DEPT.: FINANCE
PREPARER: J. KULBECK
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 22–3353 CORRECTING THE APPROPRIATIONS LIMIT ESTABLISHED FOR FISCAL YEAR 2021–22 PURSUANT TO ARTICLE 13–B OF THE CALIFORNIA CONSTITUTION AND TO SECTION 7910 OF THE

GOVERNMENT CODE
REASON FOR CONSIDERATION: The City Council is requested to consider adoption of Resolution No. 22–3353 correcting the appropriations limit established for Fiscal Year 2021–22. A copy of proposed Resolution No. 22–3353 is attached for the City Council’s review and consideration.

BACKGROUND: Government Code Section 7910 requires a city council to establish, by resolution, the City's appropriations limit (Gann Spending Limit) for the following fiscal year pursuant to Article 13–B of the California Constitution. The limit, which restricts the amount of tax revenues spent during the year, is based upon the limit for the preceding year, as adjusted for changes in population and cost of living.

The passage of Proposition 111 in June 1990 requires each city to choose either the percentage change in population within its jurisdiction as its change–in–population factor, or the percentage change in population within the county in which it is located.

The City of Montclair elects to use the percentage change in California's per capita personal income, which is available in May of each year, as its change in cost–of–living factor.

On June 30, 2021, the City Council adopted Resolution No. 21–3317 establishing an appropriations limit for Fiscal Year 2021–22 pursuant to Article 13–B of the California Constitution and to Section 7910 of the Government Code.

In reviewing the process for calculating the appropriations limit for Fiscal Year 2021–22 it has been discovered that the limit was incorrectly stated as $447,695,326. After corrective action was taken it was determined that the City’s appropriations limit for Fiscal Year 2021–22 should be $466,762,772 as established by proposed Resolution No. 22–3353.

FISCAL IMPACT: The City would be authorized to spend all tax revenues received up to $466,762,772 should the City Council adopt proposed Resolution No. 22–3353.

RECOMMENDATION: Staff recommends the City Council adopt Resolution No. 22–3353 correcting the appropriations limit established for Fiscal Year 2021–22 pursuant to Article 13–B of the California Constitution and to Section 7910 of the Government Code.

MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 317 of 347 Resolution No. 22–3353 Page 1 of 1
RESOLUTION NO. 22–3353

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MONTCLAIR CORRECTING THE APPROPRIATIONS LIMIT
FOR FISCAL YEAR 2021–22 WHICH WAS ESTABLISHED
PURSUANT TO ARTICLE 13–B OF THE CALIFORNIA
CONSTITUTION AND TO SECTION 7910 OF THE

GOVERNMENT CODE
WHEREAS, Article 13–B of the California Constitution limits the appropriations budget of a local government, which is financed by taxes to the appropriations limit (Gann Spending Limit) of the prior fiscal year as adjusted by the change in population and the change in cost of living; and
WHEREAS, Government Code Section 7910 requires that the governing body of each local jurisdiction shall, by resolution, annually establish its appropriations limit for the following fiscal year pursuant to Article 13–B of the California Constitution; and WHEREAS, at a meeting held on June 30, 2021, the City Council selected the change in cost of living and change in population factors to be used in determining the appropriations limit for Fiscal Year 2021–22; and
WHEREAS, the City of Montclair has determined that the corrected said appropriations limit for Fiscal Year 2021–22 is $466,762,772, and documentation supporting calculation of the limit is available to the public as required by Government Code Section 7910.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Montclair hereby establishes a corrected appropriations limit in the amount of $466,762,772 for Fiscal Year 2021–22 pursuant to Article 13–B of the Constitution of the State of California and Government Code Section 7910.

BE IT FURTHER RESOLVED that said appropriations limit herein established may be changed as deemed necessary by resolution of the City Council.

APPROVED AND ADOPTED this XX day of XX, 2022.

Mayor
ATTEST:

City Clerk
I, Andrea M. Myrick, City Clerk of the City of Montclair, DO HEREBY CERTIFY that Resolution No. 22–3353 was duly adopted by the City Council of said city and was approved by the Mayor of said city at a regular meeting of said City Council held on the XX day of XX, 2022, and that it was adopted by the following vote, to–wit:

AYES: XX
NOES: XX
ABSTAIN: XX
ABSENT: XX
Andrea M. Myrick
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 318 of 347

CITY COUNCIL

AGENDA REPORT
DATE: JUNE 6, 2022
SECTION: CONSENT - RESOLUTIONS
ITEM NO.: 3
FILE I.D.: GRT225/PRK650
DEPT.: HUMAN SVCS./PUBLIC WORKS
PREPARER: A. COLUNGA
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 22–3354 AUTHORIZING THE CITY

MANAGER TO EXECUTE AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF

TRANSPORTATION FOR THE SUNSET PARK BEAUTIFICATION PROJECT REASON FOR CONSIDERATION: The City Council is requested to consider adoption of Resolution No. 22–3354 authorizing the City Manager to execute agreements with the California Department of Transportation for the Sunset Park Beautification Project.

BACKGROUND: The California Department of Transportation (Caltrans) released the request for applications for the Clean California Local Grant program (CCGLP) in December 2021. The Program is one part of the nearly $1.1 billion Clean California initiative to beautify our local communities to create spaces of pride for all Californians.

The Clean California Local Grant Program includes nearly $300 million for communities to beautify and improve local streets and roads, tribal lands, parks, pathways, and transit centers to restore pride in public spaces. Other parts of the Clean California initiative include litter abatement efforts, state beautification and safety projects, and public education campaigns.

The primary goals of the CCGLP are:
1) Reduce the amount of waste and debris within public rights –of –way, pathways, parks, transit centers, and other public spaces;
2) Enhance, rehabilitate, restore, or install measures to beautify and improve public spaces and mitigate the urban heat island effect;
3) Enhance public health, cultural connections, and community place making by improving public spaces for walking and recreation; and, 4) Advance equity for underserved communities. After review of the grant application evaluation elements, staff pursued funding that would make the City most competitive– beautifying Sunset Park.

Caltrans received over 300 applications. The City of Montclair’s Sunset Park Beautification Project was one of only 105 applications awarded, and was one of only two awarded in San Bernardino County.

The CCLGP award of $4,174,097 will fund the Sunset Park Beautification project, which will enhance the entirety of the park which has some features on the north end but no infrastructure, shade, or landscaping on the south end. These improvements will include the construction of a concrete walking trail along the perimeter of the park, exercise stations, picnic tables, playground, benches, water fountains, a bathroom, and drought– tolerant landscaping. Additionally, this project will develop the pilot of the San Antonio Creek Trail which was planned with the 2019 Caltrans Sustainable Community Planning Grant. The completed trail will ultimately span the length of the City. The Sunset Park Beautification project must be completed by June 30, 2024.

MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 319 of 347 FISCAL IMPACT: Adoption of proposed Resolution No. 22–3354 would have no direct fiscal impact on the City's General Fund at this time, but will result in the award of $4,174,097 for the beautification of Sunset Park. Future impacts to the City’s general fund include maintaining the newly enhanced park.

RECOMMENDATION: Staff recommends the City Council adopt Resolution No. 22–3354 authorizing the City Manager to execute agreements with California Department of Transportation for the Sunset Park Beautification project.

MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 320 of 347 Resolution No. 22–3354 Page 1 of 1
RESOLUTION NO. 22–3354

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MONTCLAIR AUTHORIZING THE CITY MANAGER TO EXECUTE

AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF

TRANSPORTATION FOR THE SUNSET PARK BEAUTIFICATION

PROJECT
WHEREASthe Ciy Council of the City of Montclair is is eligible to receive State funding for certain transportation–related work through the California Department of Transportation; and
WHEREAS, a Restricted Grant Agreement must be executed with the California Department of Transportation before such funds can be claimed through the Clean California Local Grant Program; and
WHEREAS, the City Council wishes to delegate the authority to execute these agreements and any amendments thereto; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Montclair authorize the City Manager, or their designee, to execute all Restricted Grant Agreements and any amendments thereto with the California Department of Transportation in relation to the Sunset Park Beautification Project.

APPROVED AND ADOPTED this XX day of XX, 2022.

Mayor
ATTEST:

City Clerk
I, Andrea M. Myrick, City Clerk of the City of Montclair, DO HEREBY CERTIFY that Resolution No. 22–3354 was duly adopted by the City Council of said city and was approved by the Mayor of said city at a regular meeting of said City Council held on the XX day of XX, 20XX, and that it was adopted by the following vote, to–wit:

AYES: XX
NOES: XX
ABSTAIN: XX
ABSENT: XX
Andrea M. Myrick
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 321 of 347

CITY COUNCIL

AGENDA REPORT
DATE: JUNE 6, 2022
SECTION: CONSENT - RESOLUTIONS
ITEM NO.: 4
FILE I.D.: COV100/CYC125
DEPT.: CITY MGR.

PREPARER: A. MYRICK
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 22–3355 MAKING FACTUAL FINDINGS IN COMPLIANCE WITH AB 361 FOR THE CONTINUATION OF PUBLIC MEETING

TELECONFERENCING DURING PUBLIC HEALTH EMERGENCIES FOR THE PERIOD OF JUNE 6, 2022, THROUGH JULY 6, 2022
REASON FOR CONSIDERATION: The City Council’s adoption of Resolution No. 22–3355 would extend the City’s remote public meeting procedures under AB 361 for an additional 30 days, expiring July 6, 2022.

BACKGROUND: Governor Newsom’s Executive Order N–29–20, which suspended and modified the Brown Act’s teleconferencing requirements during the COVID–19 pandemic, expired on September 30, 2021. On September 16, 2021, Governor Newsom signed AB 361 into law as an urgency bill and, four days later, executed an order delaying the application of AB 361 until October 2, 2021.

AB 361 permits legislative bodies of state and local entities to continue to meet virtually and remotely through telephonic and internet means (i.e., via teleconference) during a proclaimed state of emergency without having to meet the quorum, posting, physical location access, and other requirements of traditional teleconference meetings under the Brown Act. Under AB 361, a legislative body may hold entirely virtual meetings (or partially virtual meetings) until the end of the current state of emergency and during any future emergency declarations through January 1, 2024. However, to do so, the legislative body must make factual findings to continue teleconferencing every 30 days.

FISCAL IMPACT: There is no direct fiscal impact on the General Fund related to the City Council’s adoption of Resolution No. 22–3355.

RECOMMENDATION: Staff recommends the City Council adopt Resolution No. 22–3355 making factual findings in compliance with AB 361 for the continuation of teleconferencing during public health emergencies for the period of June 6, 2022, through July 6, 2022.

MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 322 of 347 Resolution No. 22–3355 Page 1 of 3
RESOLUTION NO. 22–3355

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTCLAIR STATING COMPLIANCE WITH THE PROVISIONS OF ASSEMBLY BILL 316

INCLUDING COMPLIANCE WITH ABBREVIATED TELECONFERENCE

REQUIRMENTS FOR OPEN MEETINGS, AND MAKING FACTUAL FINDINGS REGARDING THE COVID–19 PUBLIC HEALTH EMERGENCY FOR THE
PERIOD OF JUNE 6, 2022, THROUGH JULY 6, 2022
WHEREAS, recognizing the continuing public health threat posed by the novel coronavirus, California Governor Gavin Newsom on September 16, 2021 signed Assembly Bill 361 (AB 361), an urgency law establishing procedures for the continuation of teleconferencing during public health emergencies, including the COVID–19 public health emergency; and
WHEREAS, the Montclair City Council, its standing committees, and the Montclair Planning and Community Activities Commissions may continue to meet virtually and remotely through telephonic and internet means (i.e., via teleconference) during a proclaimed state of emergency without having to meet the quorum, posting, physical location access and other requirements of traditional teleconference meetings under the Ralph M. Brown Act—Government Code (GC) sections (§§)54950–54963 (the "Brown Act") open meeting laws until the end of the current state of emergency and during any future state of emergency, up until January 1, 2024; and WHEREAS, to continue meeting virtually, the Montclair City Council is required to make factual findings.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Montclair hereby elects to use AB 361’s abbreviated teleconferencing procedures where a state of emergency has been formally proclaimed, but only if at least one of the following three conditions apply, and this election shall hereby include its standing committees and the Montclair Planning and Community Activities Commissions:

1. State or local officials have imposed or recommended measures to promote social distancing at the time the legislative body holds the meeting to adopt AB 361 [GC §54953(e)(1)(A)]; or

2. The legislative body holds a meeting for the first time for the purpose of determining by majority vote whether, as a result of proclaimed state of emergency, meeting in person would present imminent risks to the health and safety of attendees [GC §54953(e)(1)(B)], or

3. The legislative body has determined (per the previous bullet) that, as a result of the proclaimed state of emergency, meeting in person would continue to present imminent risks to the health or safety of attendees [GC §54953(e)(1)(C)].

As to condition No. 1, immediately above:
 On March 16, 2020, the City Council adopted Resolution No. 20–3263 declaring that a local public health emergency exists in the City of Montclair.

The public health emergency continues until Resolution No. 20–3263 is rescinded.
 On September 21, 2020, the City Manager introduced, and the City Council adopted, the City Facilities Public Reopening, Health and Safety Plan. The Plan introduced a strong, clear and detailed guidance to ensure public health and safety in City facilities. Protocols in the Plan are based on a variety of sources including, but not limited to, the federal government’s Opening America plan, CDC Guidelines, State of California Guidance, EEOC Guidance for the workplace, and the Aspen Institute Return to Play COVID–19 Risk Assessment Tool. A copy of the Plan had been provided to each member of the City Council.

BE IT FURTHER RESOLVED that pursuant to AB 361, local legislative bodies electing to use the urgency bill’s abbreviated teleconferencing procedures must make the following factual findings within 30 days after teleconferencing for the first time after the expiration of Executive Order No. N–29–20 on September 30, 2021, and every 30 days thereafter until January 1, 2024, or when Montclair City Council Resolution No. 20–3263 declaring a public health emergency is rescinded, whichever comes first:

MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 323 of 347 Resolution No. 22–3355 Page 2 of 3

1. The legislative body has reconsidered the circumstances of the state of emergency; and

2. Either of the following circumstances exist:
 The state of emergency continues to directly impact the ability of the members to meet safely in person.
 State or local officials continue to impose or recommend measures to promote social distancing.

As to condition No. 1, immediately above, this Resolution makes factual findings as follows:
 The City Council of the City of Montclair, in reconsideration of the circumstances of the public health emergency related to COVID–19, as expressed in Montclair City Council Resolution No. 20–3263, adopted March 16, 2020, declaring that a local public health emergency exists in the City of Montclair, remains in effect.

As to condition No. 2, immediately above, this Resolution makes factual findings as to the following:
 On September 21, 2020, the City Council adopted the City Facilities Public Reopening, Health and Safety Plan, introducing a strong, clear and detailed guidance to ensure public health and safety in City facilities. Protocols in the Plan are based on a variety of sources including, but not limited to, the federal governments Opening America plan, CDC Guidelines, State of California Guidance, EEOC Guidance for the workplace, and the Aspen Institute Return to Play COVID–19 Risk Assessment Tool. Adoption of the Plan also incorporated guidance from the California Department of Public Health (CDPH) and the Centers for Disease Control and Prevention (CDC), including public health guidelines that promote personal responsibility for social distancing and compliance with face covering mandates, education on the need to avoid large gatherings, and promotion of protocols related to personal hygiene.

By adoption of this Resolution, the City Council of the City of Montclair reaffirms that it continues to impose measures in City facilities and at City– sponsored events to promote social distancing in compliance with the City Facilities Public Reopening, Health and Safety Plan.

BE IT FURTHER RESOLVED that the City Council of the City of Montclair, its standing committees, and the Montclair Planning and Community Activities Commissions shall further comply with each of AB 361's abbreviated teleconference requirement for open meetings, including the following:

1. Notice and agenda:
 The City of Montclair shall provide notice and post agendas as otherwise required under the Brown Act (setting aside traditional teleconferencing requirements), and shall indicate on the notice the means by which the public may access the meeting and offer comment.
 The agenda shall identify and include an opportunity for all persons to attend via a call–in option or internet–based service. Further, (1) the agenda is not required to be posted at all teleconferencing locations, (2) public access does not need to be assured at all teleconference locations, (3) the notices and agenda do not need to list the teleconferencing locations of the members of the City Council, and (4) a quorum of the members of the City Council do not need to participate within physical boundaries of the City of Montclair.

2. Public comment rules: AB 361 instituted new rules for public comments for timed and untimed public comment periods during legislative body meetings.  Timed general public comment period: The Montclair City Council, its committees, and the Montclair Planning and Community Activities Commissions provide members of the public a timed, general public comment period, and opportunity to register for public comment does not close until the set general public comment period has elapsed.

MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 324 of 347 Resolution No. 22–3355 Page 3 of 3
 Untimed public comment period per agenda item: The Montclair City Council, its committees, and the Montclair Planning and Community Activities Commissions provide for a timed, general public comment period.  Timed public comment period per agenda item: The Montclair City Council, its committees, and the Montclair Planning and Community Activities Commissions provide for a timed public comment period per agenda item.

3. Prohibition against requirement for public comments to be submitted in advance. The Montclair City Council, its committees, and the Montclair Planning and Community Activities Commissions comply with AB 361's prohibition against a local legislative body from requiring public comments to be submitted in advance of the meeting.

4. Registration for public comment: The Montclair City Council, its committees, and the Montclair Planning and Community Activities Commissions comply with AB 361 by not imposing a requirement that a member of the public register for public comment before being allowed to provide public comment where a third– party platform (such as Zoom or Microsoft Teams) is employed.

5. Disrupted broadcasting procedures: In the event there is a broadcasting disruption of a meeting of the Montclair City Council, its committees, or the Montclair Planning and Community Activities Commissions to the public by phone or by internet, the Montclair City Council, its committees, and the Montclair Planning and Community Activities Commissions will take no further action on agenda items until public access is restored.

6. Standing Committee: Each standing committee of the Montclair City Council shall fall under the scope of AB 361.

7. Montclair Planning and Community Activities Commissions: The Montclair Planning Commission and the Montclair Community Activities Commission shall fall under the scope of AB 361.

BE IT FURTHER RESOLVED that this action is exempt from review pursuant to the California Environmental Quality Act (CEQA) in accordance with State CEQA Guidelines Section 15061(b)(3), the “common sense” exemption that CEQA only applies to projects that have the potential for causing a significant effect on the environment.

BE IT FURTHER RESOLVED that this Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of July 6, 2022, or such time as the City Council adopts a subsequent resolution in accordance with GC §54953(e)(3) to extend the time during which meetings may continue to be held remotely by teleconference in compliance with that section.

APPROVED AND ADOPTED this XX day of XX, 2022.

Mayor
ATTEST:

City Clerk
I, Andrea M. Myrick, City Clerk of the City of Montclair, DO HEREBY CERTIFY that Resolution No. 22–3355 was duly adopted by the City Council of said city and was approved by the Mayor of said city at a regular meeting of said City Council held on the XX day of XX, 2022, and that it was adopted by the following vote, to–wit:

AYES: XX
NOES: XX
ABSTAIN: XX
ABSENT: XX
Andrea M. Myrick
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 325 of 347

CITY COUNCIL

AGENDA REPORT
DATE: JUNE 6, 2022
SECTION: CONSENT - RESOLUTIONS
ITEM NO.: 5
FILE I.D.: STG085
DEPT.: PUBLIC WORKS
PREPARER: M. HEREDIA
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 22–3356 APPROVING A LIST OF PROJECTS TO BE FUNDED IN FY 2022–23 BY SENATE BILL 1, THE CALIFORNIA ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
REASON FOR CONSIDERATION: On April 28, 2017, the Governor signed The Road Repair and Accountability Act of 2017, also known as Senate Bill 1 (SB1). To establish eligibility for the legislation, and thereby receive funding, the California Transportation Commission (CTC) requires a resolution specifying the projects for which each city intends to spend its SB1 funding allocation for Fiscal Year 2022–2023. The City Council is requested to consider adopting Resolution No. 22–3356 confirming the allocation of SB1 funding in FY 2022–23 for the Zone 5 & 6 Street Rehabilitation Project.

BACKGROUND: The Road Repair and Accountability Act of 2017 provides funding to cities and counties for basic road maintenance, rehabilitation, and critical safety projects on the local streets and roads system through the creation of a Road Maintenance and Repair Account (RMRA). SB1 increased the per–gallon fuel excise taxes, diesel fuel sales taxes, vehicle registration and taxes, and provides inflationary adjustments to fuel tax rates in future years. Upon full implementation, SB1 will generate over $5.0 billion annually in California, with approximately $1.5 billion going to cities and counties for local streets and roads annually.

Collected tax revenue is deposited into the RMRA and some of this funding is apportioned by formula to eligible cities and counties. It is important to note that new RMRA allocations may not be used to supplant local agency general fund spending for street maintenance and rehabilitation efforts. Therefore, in addition to meeting the transparency and reporting requirements, local agencies are required to sustain existing maintenance of effort (MOE) levels by continuing general fund street expenditures as specified in the legislation. The City’s estimated MOE is $1,251,522.

For FY 2022–2023, it is estimated that the City of Montclair will receive approximately $902,623 in RMRA funding, with monthly payments starting in September 2022.

Pursuant to Streets and Highways Code Section 2030, RMRA funds must be used for projects that include but are not limited to the following:
 Road maintenance and rehabilitation
 Safety projects
 Railroad grade separations
 Traffic control devices
 Complete street components, including active transportation (bicycle and pedestrian) projects, transit facilities, and storm–water capture projects.

MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 326 of 347 RMRA funds may also be used to satisfy a match requirement in order to obtain state or federal funds for eligible projects. Also, to the extent possible, cost permitting, cities and counties are encouraged to include the following project elements:
 Advanced recycling techniques that lower greenhouse gas emissions and reduce the cost of maintaining streets through material choice and construction methods.
 Transportation infrastructure that supports technologies such as zero emission vehicle fueling or charging.
 Complete street elements that improve safety or the quality of bicycle or pedestrian facilities.

Staff has identified one project to be partially funded using RMRA funding:

Zone 5 & 6 Street Rehabilitation Project (Construction) This project will resurface residential streets located between the limits of Brooks Street on the north, Benson Avenue on the east, Phillips Boulevard on the south, and Mills Avenue on the west.

Improvements include removal and replacement of damaged curb, gutter, and sidewalk; replacement of non-compliant Americans with Disabilities Act (ADA) pedestrian ramps; grinding of existing asphalt concrete pavement; and a new asphalt concrete pavement overlay. This project is identified in the 2019–2024 Capital Improvement Program and is expected to be completed in Fiscal Year 2022–23 with a minimum life expectancy of twenty years.

FISCAL IMPACT: The City Council has not approved an updated Five–Year Capital Improvement Program to date. However, a portion of SB1 funds will be used to pay for the construction of the Zone 5 & 6 Street Rehabilitation Project. The remainder cost for the construction of this project will be funded using 2021 Lease Revenue Bond funds.

RECOMMENDATION: Staff recommends the City Council adopt Resolution No. 22–3356 approving a list of projects to be funded in FY 2022–23 by SB1, the California Road Repair and Accountability Act.

MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 327 of 347 Resolution No. 22–3356 Page 1 of 2
RESOLUTION NO. 22–3356

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF MONTCLAIR ADOPTING A LIST OF PROJECTS FOR
FISCAL YEAR 2022–23 FUNDED BY SB 1 – THE ROAD
REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi–modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City, will receive an estimated $902,623 in RMRA funding in Fiscal Year (FY) 2022–2023 from SB 1; and
WHEREAS, this is the fifth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high–priority and cost– effective projects that also meet the communities priorities for transportation investment; and
WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate two streets, one bridge throughout the City this year and countless of similar projects into the future; and
WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City streets and roads are in an good condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a excellent condition; and WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting–edge technology, materials and practices, will have significant positive co–benefits statewide.

NOW, THEREFORE, IT IS HEREBY RESOLVED, ORDERED, AND FOUND by the City Council of the City of Montclair, State of California, as follows:

1. The foregoing recitals are true and correct.

2. The following project will be funded in–part with FY 2022–2023 Road Maintenance and Rehabilitation Account revenues:

Project Title: Zone 5 & 6 Street Rehabilitation
Project Description: Improvements include removal and replacement of damaged curb, gutter, and sidewalk; replacement of
non–compliant Americans with Disabilities Act (ADA)
pedestrian ramps; grinding of existing asphalt concrete pavement; and a new asphalt concrete pavement
overlay.

MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 328 of 347 Resolution No. 22–3356 Page 2 of 2
Project Location: Resurface residential streets located between the limits of Brooks Street on the north, Benson Avenue on the
east, Phillips Boulevard on the south, and Mills Avenue on the west.

Estimated Project
Schedule: Start (06/22) – Completion (09/22)
Estimated Project
Useful Life: 20 years
APPROVED AND ADOPTED this XX day of XX, 2022.

Mayor
ATTEST:

City Clerk
I, Andrea M. Myrick City Clerk of the City of Montclair, DO HEREBY CERTIFY that Resolution No. 22–3356 was duly adopted by the City Council of said city and was approved by the Mayor of said city at a regular meeting of said City Council held on the XX day of XX, 2022, and that it was adopted by the following vote, to–wit:

AYES: XX
NOES: XX
ABSTAIN: XX
ABSENT: XX
Andrea M. Myrick
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 329 of 347 Public Works Committee Meeting Minutes – March 17, 2022 Page 1 of 5

MINUTES OF THE REGULAR MEETING OF THE PUBLIC WORKS
COMMITTEE HELD ON THURSDAY, MARCH 17, 2022, AT 4:04 P.M.

HELD VIA ZOOM TELECONFERENCE
I. CALL TO ORDER
Chair Johnson called the meeting to order at 4:04 p.m.

II. ROLL CALL

Present: Council Member Johnson (Chair); Council Member Lopez (Committee Member); City Manager Starr; Director of Economic Development and Housing Fuentes; Executive Director of Public Safety/Police Chief Avels; Director of Public Works/City Engineer Heredia; Director of Community Development Diaz; Engineering Division Manager Stanton; City Engineering Consultant Hoerning; City Clerk Myrick
III. APPROVAL OF MINUTES
The Committee approved minutes of the February 17, 2022, meeting.

IV. PUBLIC COMMENT — None
V. PUBLIC WORKS DEPARTMENT UPDATES/ITEMS
A. OPERATIONS

1. MAINTENANCE ACTIVITIES
An Operations Activities Report for January through February 2022 was included with the agenda. Director of Public Works/City Engineer Heredia highlighted the completion of 160 work requests, which included the installment of signs, refinishing red curbs, repairing sidewalks, fixing potholes, cleaning sewer lines and storm drain catch basins, maintaining and repairing screens, and spraying herbicide for weed control in parks.

Staff repaired two damaged gabions on Central Avenue, prepared the fields for Little League to start their season, continued repairs to the City Hall breakroom patio, and planted four new pear trees at the Civic Center.

Chair Johnson took a moment to commend the Public Works Department’s work in planting the pear trees outside City Hall.

2. ADDITIONAL ITEMS — None
B. FACILITIES

1. MAINTENANCE ACTIVITIES
A Facilities Activities Report for February 2022 was included with the agenda. Director of Public Works/City Engineer Heredia informed the Committee that the Facilities crew was busy making several types of building–related repairs including air conditioning, lighting, gates, MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 330 of 347 Public Works Committee Meeting Minutes – March 17, 2022 Page 2 of 5 flooring, restrooms, sinks, sensors, breakers, pumps, and a generator.

There were no questions or issues with the report.

2. ADDITIONAL ITEMS — None
C. ENGINEERING DIVISION

1. Safe Routes to School (SRTS) Program – Vernon Middle School Director of Public Works/City Engineer Heredia stated that at Vernon Middle School, Public Works staff completed the installation of flashing stop signs on Vernon Avenue at the intersections of San Bernardino and Benito Streets. They also refinished the red curbs at both intersections. Director of Public Works/City Engineer Heredia also met with representatives from Ontario Montclair School District (OMSD) to discuss proposed improvements recommended by the traffic engineering consultant. A yellow curb along a drop–off zone on San Bernardino Street was painted red. The school is very happy and supportive of the proposed improvements. Public Works has ordered additional signs to have installed in the near future.

Committee Member Lopez asked for clarification regarding the previous drop– off zone at Vernon Middle School. Director of Public Works/City Engineer Heredia stated the school requested the drop–off zone be removed.

2. San Antonio Creek Trail Feasibility Study
Director of Public Works/City Engineer Heredia stated that there was a community meeting to discuss the draft plan. Twenty–six participants were present and inquired about lighting, restrooms, native plants, and safety.

Participants also expressed the importance of connecting to the Pacific Electric Trail, improving the north side first, using the water recharge basins adjacent to the trail, and funding.

3. Parks and Recreation Master Plan RFP
Director of Public Works/City Engineer Heredia reported that on March 7, 2022, City Council approved a contract with KTUA to complete the Parks and Recreation Master Plan. Once the contract is executed, staff will schedule a kick–off meeting to start the planning effort.

VI. POLICE DEPARTMENT UPDATE/ITEMS — None
VII. COMMUNITY DEVELOPMENT DEPARTMENT PROJECT UPDATES/ITEMS Director of Community Development Diaz informed the Committee that an adult daycare center on Central Avenue was approved by the Community Development Department. It was formerly a tile store. It is located north of Kingsley, and south of Orchard Street. Also, the buildings at 4959 Palo Verde Street are being remodeled with new metal exterior panels and railing, and should be completed by 2023.

Committee Chair Johnson requested an update on the former Fu Lin restaurant building on Central Avenue.

Director of Community Development Diaz informed the Committee that an upscale Mexican restaurant, Kalaveras, is in the process of coming to Montclair and is developing plans to remodel the building.

MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 331 of 347 Public Works Committee Meeting Minutes – March 17, 2022 Page 3 of 5 VIII. CAPITAL PROJECT UPDATES
A. LOCAL PROJECTS

1. Reeder Ranch Park Project
Engineering Division Manager Stanton advised the project is in the plan check phase and should move forward in a couple months.

2. Pacific Electric Trail Pedestrian Bridge Replacement Engineering Division Manager Stanton reported the arrival and installation of the bridge would occur on March 25, 2022. The bridge is expected to be open in mid–April 2022.

3. Zone 5 & 6 Street Rehabilitation Project
Engineering Division Manager Stanton stated the contracts have been signed, adding the preconstruction meeting has not been scheduled, but will take place within the next couple of months.

B. REGIONAL PROJECTS

1. I–10 Corridor Project
Public Works Director/City Engineer Heredia reported the I–10 Corridor project on Monte Vista Avenue is currently reduced to one lane in each direction during the daytime hours and is closed nightly from 7:00 p.m. to 5:00 a.m., Monday through Saturday. Construction activities include constructing portions of the abutment walls, relocating utilities, and drainage. California Department of Transportation (Caltrans) installed freeway–only legend signs on the pavement along the southbound lanes leading to the freeway access along Monte Vista Avenue and Central Avenue.

Staff is ensuring that Caltrans refreshes the lanes as much as possible.

Council Member Lopez expressed safety concerns regarding the left turn signal on northbound Monte Vista Avenue to enter westbound I–10, and requested his concerns be conveyed to San Bernardino County Transportation Authroity (SBCTA).

2. Central Avenue Bridge Project
Director of Public Works/City Engineer Heredia stated that staff and the bridge consultant are coordinating with the Union Pacific Railroad yard expansion project. Staff had to make minor adjustments to the design and the project is still in the environmental phase.

3. Foothill Gold Line Extension Project
City Manager Starr stated staff submitted to State Senator Susan Rubio an extensive document last week regarding the Metro Gold Line Foothill Extension Project asking for $748 million dollars from the state surplus to go towards the completion of the Gold Line from Pomona to Claremont and to Montclair. In City staff’s conversation with Senator Rubio, she asked for a document that outlined the request and the entire history of the Gold Line Project out of Union Station eastward towards Montclair. Staff provided her MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 332 of 347 Public Works Committee Meeting Minutes – March 17, 2022 Page 4 of 5 that as well as the positive environmental impacts that are associated with the light rail, and why the state should consider funding the extension out of Pomona. The document discussed the high–density residential development that is occurring up and down the length of the corridor, but highlights that the bulk of the development is occurring in Montclair’s transit district. The document was received by her office last week. She will be meeting with the Governor within the next two weeks to personally lobby for him to consider the $748 million dollar request.

Senator Rubio also asked for a prospectus on the property that is owned by Caltrans at the Transcenter that includes all of the parking fields, the associated bus shelters, and the bus circle. City staff is in the process of completing and getting that to her tomorrow. The prospectus includes a request for Caltrans to deed the property that they own to the City of Montclair as opposed to selling it to us. The Governor has clearly stated interest in making certain that high–density development occurs around transit–oriented districts. With the Caltrans property in the City’s possession, the City could work with developers to develop the parking fields to the north for high–density projects as well as affordable and market–rate housing projects. Properties to the south of the Caltrans property could be considered for the construction of a parking garage as 1600 parking spaces need to be maintained. The City also hopes to incorporate some additional housing and commercial components on the south side of the property. Moule & Polyzoides (M&P) completed elevations and bird’s eye view of what a project could look like should the City decide to develop there. This exhibit will be forwarded to Senator Rubio’s office as part of the package, which includes other exhibits.

City Manager Starr advised City also received a recent appraisal of the Caltrans–owned property. Back in 2004, the City entered into negotiations with Caltrans to purchase the property. At that time Caltrans conducted an appraisal and the property was estimated at $10 million dollars; however, their appraisal was based on Montclair developing the North Montclair Downtown Specific Plan (NMDSP). Negotiations started in 2004, and the NMDSP was not adopted by the Council until 2006. It is questionable that the appraiser should have been using a specific plan that had not actually been completed nor adopted by the City Council. Also, at that time, then–Governor Schwarzenegger had asked the state under executive order to identify properties in the state that could be put on a surplus property list for the purposes of generating about $38 billion dollars of new revenue for the state, and the Montclair Transcenter was on that list. Part of the negotiations also had the City asking for Caltrans to pull the Transcenter off of the state’s surplus list, which they had tentatively agreed to do. While the City contemplated making the purchase, Caltrans gave the City a very limited window in which to respond, and the City was unable to meet that window.

Unfortunately, the City lost the opportunity to acquire the property because it was not feasible for the City at that time. However, the City was successful in having the property removed from the surplus property list. Now when entering into negotiations with Caltrans, they are not willing to negotiate the sale of the property because is is not on a surplus property list.

MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 333 of 347 Public Works Committee Meeting Minutes – March 17, 2022 Page 5 of 5 City Manager Starr explained another obstacle the City faces is that the newly appraised amount takes into consideration the adopted NMDSP, the development patterns that are occurring around the Transcenter, and the specific plan that was developed for the Montclair Place District. The appraisal of the property was quite significant and will be addressed as part of the total package to Senator Rubio. It is the City’s hope that Governor Newsom will understand the value in having Caltrans deed this property to the City of Montclair so the City can proceed with pursuing housing developments at this location.

IX. COMMITTEE AND CITY MANAGER ITEMS — None
X. ADJOURNMENT
At 4:28 p.m., Chair Johnson adjourned the meeting of the Public Works Committee.

The next meeting of the Public Works Committee is scheduled to be held at 4:00 p.m. on Thursday, April 21, 2022.

Submitted for Public Works Committee
approval,
Nadia Paz
Transcribing Secretary
MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 334 of 347 Personnel Committee Minutes – May 16, 2022 Page 1 of 1

MINUTES OF THE MEETING OF THE MONTCLAIR

PERSONNEL COMMITTEE HELD ON MONDAY,
MAY 16, 2022, AT 6:25 P.M. IN THE CITY
ADMINISTRATIVE OFFICES, 5111 BENITO STREET,

MONTCLAIR, CALIFORNIA
I. CALL TO ORDER
Mayor Pro Tem Ruh called the meeting to order at 6:25 p.m.

II. ROLL CALL

Present: Mayor Pro Tem Ruh, Council Member Johnson, and City Manager Starr
III. APPROVAL OF MINUTES
A. Minutes of the Regular Personnel Committee Meeting of May 2, 2022.

Moved by Council Member Johnson, seconded by Mayor Pro Tem Ruh, and carried unanimously to approve the minutes of the Personnel Committee meeting of May 2, 2022.

IV. PUBLIC COMMENT – None
V. CLOSED SESSION
At 6:26 p.m., the Personnel Committee went into Closed Session regarding personnel matters related to appointments, resignations/ terminations, and evaluations of employee performance.

At 6:50 p.m., the Personnel Committee returned from Closed Session.

Mayor Pro Tem Ruh stated that no announcements would be made at this time.

VI. ADJOURNMENT
At 6:50 p.m., Mayor Pro Tem Ruh adjourned the Personnel Committee.

Submitted for Personnel Committee approval,
Edward C. Starr
City Manager
MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 335 of 347

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – May 16, 2022 Page 1 of 12

MINUTES OF THE REGULAR JOINT MEETING OF THE MONTCLAIR

CITY COUNCIL, SUCCESSOR AGENCY AND MONTCLAIR HOUSING

CORPORATION BOARDS, MONTCLAIR HOUSING AUTHORITY

COMMISSION, AND MONTCLAIR COMMUNITY FOUNDATION
BOARD HELD ON MONDAY, MAY 16, 2022 AT 7:00 P.M. IN THE
CITY COUNCIL CHAMBERS, 5111 BENITO STREET, MONTCLAIR,

CALIFORNIA
I. CALL TO ORDER
Mayor/Chair Dutrey called the meeting to order at 7:00 p.m.

II. INVOCATION
Pastor Joe McTarsney, Calvary Montclair, gave the invocation.

III. PLEDGE OF ALLEGIANCE
Mayor Pro Tem/Vice Chair Ruh led meeting participants in the Pledge.

IV. ROLL CALL

Present: Mayor/Chair Dutrey; Mayor Pro Tem/Vice Chair Ruh; Council Members/Directors Johnson, Martinez, and Lopez
City Manager/Executive Director Starr; Director of Community Development Diaz; Director of Human Services Richter; Finance Manager Kulbeck; Executive Director of Public Safety/Police Chief Avels; City Attorney Robbins; City Clerk Myrick
V. PRESENTATIONS
A. Monte Vista Water District (MVWD) Update on Emergency Conservation Regulations
Mr. Justin Scott–Coe, MVWD General Manager, provided a short PowerPoint presentation demonstrating the sources of the District’s water, with 50 percent coming from state and 50 percent from local sources; and adjusted restrictions for customers on water use requirements. He noted MVWD customers are limited to irrigating residential yards on three days per week—Tuesdays, Thursdays, and Saturdays, between 8:00 p.m. and 8:00 a.m. for six minutes per watering session. He added many other districts have had to restrict lawn watering to only one day per week; however, Montclair residents have significantly reduced water use in the past two decades and do not have to endure the strict restrictions of other communities.

Mayor Dutrey stated his support for MVWD’s reliance on local water sources like the Chino Groundwater Basin.

Mayor Pro Tem Ruh expressed his continued opposition to live grass landscapes. He asked what would happen should MVWD not meet the target limitations.

Mr. Scott–Coe advised the District is on track to meet its 2022 targets, and there are severe penalties for exceeding the limits.

Council Member Lopez stated he is concerned residents will not take water conservation seriously unless they are threatened with penalties.

Mr. Scott–Coe advised there are enforcement mechanisms in place, including fines of $100 to $300 per occurrence; however, the District makes every effort to educate and notify residents before assessing fines. He added if fines do not resolve the excessive water use, the next remedy available is limiting water flow to the property to the minimum required for health and safety.

Council Member Lopez asked if the District has taken larger families and the expansion of accessory dwelling unit permitting into consideration concerning water allowances for each household.

Mr. Scott–Coe noted the District utilizes a budget–based tiered rate MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 336 of 347

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – May 16, 2022 Page 2 of 12 structure and assigns a base allocation for essential indoor and outdoor water use to each customer based on the average household size of four members. He added that larger families may apply for yearly variances to increase their base indoor allocations.

Council Member Lopez asked if MVWD is working with the West Valley Mosquito and Vector Control District (WVMVCD) since residents will be discouraged from refilling their pools, which could lead to unmaintained green pools and stagnant water creating breeding grounds for mosquitoes.

Mr. Scott–Coe stated property owners are responsible for mitigating conditions that could attract mosquitoes; however, he will make sure WVMVCD is informed of the higher potential for those conditions during the drought.

Council Member Johnson asked what would be done if a
hypothetically wealthy property owner continues to exceed water use restrictions despite a continuing assessment of fines.

Mr. Scott–Coe advised the District may install a flow restrictor on a property’s water meter that significantly reduces water pressure. If the behavior continues, they may completely shut off the water. He asserted the District has never had to shut off water to a customer before based on excessive use, adding that it is common to shut off water for nonpayment.

Mayor Dutrey stated it is good to know our region has done a good job conserving water. He thanked MVWD General Manager Scott–Coe for his presentation and report.

VI. PUBLIC COMMENT
A. Mr. Bruce Culp, resident, warned that a mega–drought event is imminent due to climate change and global warming. While residents are told to conserve water, he asked the City Council and other local elected officials to do their part by opposing new developments that cause environmental harm, such as warehouse projects.

B. Ms. Becky Esqueda submitted a written comment expressing her concerns about drivers speeding, being distracted, and not stopping at stop signs, and requested solar lighted stop signs be placed at the intersection of Orchard Street and Vernon Avenue like the ones that were installed at the Benito Street and San Bernardino Street intersections near Vernon Middle School.

VII. PUBLIC HEARINGS
A. First Reading — Consider Ordinance No. 22–1001 Amending Sections Within Chapters 6.02; Amending Section 6.16.020; Repealing Sections 6.16.025 and 6.16.030; and Adding Chapter

6.17 to the Montclair Municipal Code Establishing a Mandatory Organic Waste Disposal Reduction Program
Consider Setting a Public Hearing for Monday, June 6, 2022, at 7:00 p.m. in the City Council Chambers to Consider Second Reading and Adoption of Ordinance No. 22–1001
City Manager Starr provided a PowerPoint presentation on SB 1383 and the proposed Ordinance. He stated Mike Arreguin, Vice President of Burrtec Waste Industries, Inc., the City’s franchise waste hauler, is available if the City Council has any questions.

Mayor Dutrey declared it the time and place set for public hearing to consider first reading of Ordinance No. 22–1001 and invited comments from the public.

Mr. Culp recalled from the presentation provided to the City Council in January on the topic of organic waste that some City Council Members expressed concerns about how difficult the transition would be for themselves and the residents. He stated that he has been separating organic waste since he was a child and assured them it is just as easy as regular recycling. He asked how apartment MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 337 of 347

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – May 16, 2022 Page 3 of 12 complexes, such as the one he lives in, would accommodate extra bins for organic waste if there is no room in the trash enclosures. He stated there are currently two types of bins in each of his complex’s enclosures—one for regular garbage and another for recycling.

Mrs. Carolyn Raft, resident, asked how soon this program would go into effect and if residents would be notified in advance.

There being no one else in the audience wishing to speak, Mayor Dutrey closed the public hearing and returned the matter to the City Council for its consideration.

In response to Mr. Culp, City Manager Starr advised that Burrtec and the City would work with large apartment complex managers to implement the program or allow for exceptions. He added most apartment complexes in the City do not currently have green waste bins because the landscapers haul away green waste.

In response to Mrs. Raft, City Manager Starr stated the program would be implemented on July 1, 2022, focusing initially on educating residents, and enforcement would begin on July 1, 2024.

Council Member Johnson referenced the part of the law that requires expired and leftover edible food to be redirected to shelters or food pantries rather than tossed. She stated her understanding that businesses could be liable if they donate leftover food that results in illness.

City Manager Starr advised the law cites protections in those cases under the state’s “Good Samaritan Law.”
Mayor Pro Tem Ruh referenced the definition of organic waste including paper and cardboard products, and expressed confusion about those inclusions. He asked if this would change how paper and cardboard are currently recycled in the blue bin.

City Manager Starr advised that paper and cardboard are generally derived from plants and considered compostable.

Mr. Arreguin advised paper and cardboard products can go in either bin, noting this inclusion allows for food–soiled paper and cardboard, which cannot be recycled, to be disposed of with organic waste. He stressed this information would be included in the educational materials distributed to residents.

Mayor Pro Tem Ruh stated he produces hardly any organic waste because he feeds food scraps to his pets and asked if someone like him would be fined.

Mr. Arreguin stated the fines are only instated for those who continue to dispose of organic waste in the wrong container.

Mayor Pro Tem Ruh asked if all containers in the blue bins need to be devoid of organic residue, noting while residents are being asked to reduce water use, they may not want to waste water rinsing containers.

Mr. Arreguin advised that rinsing containers is no longer necessary due to advanced processes over the years. He stated containers should just be emptied as much as possible.

Council Member Lopez stated he feels the legislation was poorly thought–out and constitutes a state mandate on local governments.

He restated his continuing opposition to all unfunded state mandates. He stated that he believes it is a fact that the bags containing food waste would rip open when collected, contaminating the green waste. He asked if the additional costs of implementing this program would be passed on to residents and if those costs were calculated.

Mr. Arreguin advised Burrtec has been operating a pilot program with 4,500 homes participating. He reported that about 10 percent of the organic waste ends up mixed with green waste, which is an acceptable level for its use as mulch and fertilizer.

MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 338 of 347

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – May 16, 2022 Page 4 of 12 Council Member Lopez referenced a response from CalRecycle to Council Member Johnson’s question about using garbage disposal systems instead of organic waste recycling at the January workshop.

He indicated CalRecycle stated the use of a garbage disposal system would not count as compliance with SB 1383. He asked if Burrtec would be responsible for checking sewage for organic materials that should have been recycled.

Mr. Arreguin advised Burrtec is not responsible for monitoring sewage for compliance with SB 1383.

Council Member Lopez asked who would be responsible for enforcement of the Ordinance.

City Manager Starr advised the City’s Code Enforcement Division would be responsible for enforcement, with the help of Burrtec for notification of violations.

Mr. Arreguin concurred, noting Burrtec would perform audits to determine which households are not in compliance and provide that information to the City.

Mayor Dutrey stated he is aware of a bill in the legislature related to organic waste and asked if it would have any impact on the proposed program.

Mr. Arreguin stated the bill would not have any significant impact.

Mayor Dutrey expressed his shared dissatisfaction with the state for imposing this mandate. He noted cities learned about 10 years ago with the state’s dissolution of local redevelopment agencies that the state can do as it wishes with entities it creates, and cities are also entities that exist under the state’s permission. He stated that, although politically convenient to oppose the implementation of an organic recycling program, cities have no choice but to comply.

Moved by Mayor Dutrey, seconded by Council Member Johnson, and carried that Ordinance No. 22–1001 be read by number and title only, further reading be waived, and this be declared its first reading; and that the City Council set a public hearing for Monday, June 6, 2022, at 7:00 p.m. to consider second reading and adoption of Ordinance No. 22–1001.

The first reading of Ordinance No. 22–1001 was approved, and a public hearing for its second reading was set, by the following 4–1 vote:

AYES: Martinez, Johnson, Ruh, Dutrey
NOES: Lopez
ABSTAIN: None
ABSENT: None
VIII. CONSENT CALENDAR
City Attorney Robbins advised the City Council of a recommended action added to Item C–1 to authorize the City Manager to sign the Agreement, noting the revision was made after distribution of the Councils’ printed agenda packets.

Council Member Johnson requested discussion on Items C–6, C–7, and C–11.

Mayor Dutrey entertained discussion on Items C–6, C–7, and C–11 prior to the vote on the Consent Calendar, and stated Item C–1 would be considered with the City Attorney’s amended recommendation.

Moved by Mayor/Chair Dutrey, seconded by Council Member/Director Lopez, and carried unanimously 5–0, the City Council approved the Consent Calendar with discussion held on Items C–6, C–7, and C–11:

A. Approval of Minutes

1. Regular Joint Meeting — May 2, 2022
The City Council, Successor Agency Board of Directors, Montclair Housing Corporation Board of Directors, Montclair Housing MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 339 of 347

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – May 16, 2022 Page 5 of 12 Authority Commissioners, and Montclair Community Foundation Board of Directors approved the minutes of the May 2, 2022 regular joint meeting.

B. Administrative Reports

1. Receiving and Filing of City Treasurer's Report
The City Council received and filed the City Treasurer's Report for the month ending April 30, 2022.

2. Approval of City Warrant Register and Payroll Documentation The City Council approved the City Warrant Register dated May 16, 2022, totaling $1,408,005.57; and the Payroll
Documentation dated April 24, 2022, amounting to
$699,954.79 gross, with $489,222.31 net being the total cash disbursement.

3. Receiving and Filing of Successor Agency Treasurer's Report The City Council acting as successor to the
Redevelopment Agency Board received and filed the Successor to the Redevelopment Agency Treasurer's Report for the month ending April 30, 2022.

4. Approval of Successor Agency Warrant Register
The City Council acting as successor to the Redevelopment Agency Board approved the Successor to the Redevelopment Agency Warrant Register dated 04.01.22–04.30.22 in the
amounts of $20,630.72 for the Combined Operating Fund and $0.00 for the Redevelopment Obligation Retirement Funds.

5. Receiving and Filing of MHC Treasurer's Report
The MHC Board received and filed the MHC Treasurer's Report for the month ending April 30, 2022.

6. Approval of MHC Warrant Register
The MHC Board approved the MHC Warrant Register dated

04.01.22–04.30.22 in the amount of $125,611.24.

7. Receiving and Filing of MHA Treasurer's Report
The MHA Commissioners received and filed the MHA Treasurer's Report for the month ending April 30, 2022.

8. Approval of MHA Warrant Register
The MHA Commissioners approved the MHA Warrant Register dated 04.01.22–04.30.22 in the amount of $0.00.

9. Approval of Tract Map No. 20273 Located on the North Side of Arrow Highway Near Fremont Avenue
Authorizing Tract Map No. 20273 to be Recorded with the Office of the San Bernardino County Recorder Subject to Final Approval by the City Engineer
The City Council took the following actions:
(a) Approved Tract Map No. 20273 located on the north side of Arrow Highway near Fremont Avenue.
(b) Authorized Tract Map No. 20273 to be recorded with the Office of the San Bernardino County Recorder subject to final approval by the City Engineer.

C. Agreements

1. Approval of Agreement No. 22–11 with the San Bernardino County Office of Emergency Services Authorizing the
Receipt of $19,472 from the FY 2020 Homeland Security
Grant Program
MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 340 of 347

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – May 16, 2022 Page 6 of 12 Authorizing City Manager Edward C. Starr to Sign Said
Agreement
Authorizing a $19,472 Appropriation from the Public Safety Grant Fund to Purchase Communications Equipment for the Command Trailer and a Walk–Through Metal Detector for
the Police Station
The City Council took the following actions:
(a) Approved Agreement No. 22–11 with the San Bernardino County Office of Emergency Services authorizing the
receipt of $19,472 from the FY 2020 Homeland Security
Grant Program.
(b) Authorized City Manager Edward C. Starr to sign said Agreement.
(c) Authorized a $19,472 appropriation from the Public
Safety Grant Fund to purchase communications
equipment for the Command Trailer and a walk–through
metal detector for the Police Station.

2. Authorizing a $1,076,905 Appropriation from 2021 Lease Revenue Bond Funds for the Preparation of Preliminary
Design Plans for Selected Roadways in the North Montclair Downtown Specific Plan (NMDSP) and Montclair Place
District Specific Plan (MPDSP)
Approval of Agreement No. 22–32 with Moule & Polyzoides for the Preparation of Preliminary Design Plans for Selected Roadways in the NMDSP & MPDSP Subject to Any Revisions
Deemed Necessary by the City Attorney
Authorizing the City Manager to Amend the Scope of
Services as Necessary for a Contingency Amount Not to
Exceed $133,500
The City Council took the following actions:
(a) Authorized a $1,076,905 appropriation from 2021 Lease Revenue Bond Funds for the preparation of preliminary
design plans for selected roadways in the North Montclair Downtown Specific Plan (NMDSP) and Montclair Place
District Specific Plan (MPDSP).
(b) Approved Agreement No. 22–32 with Moule & Polyzoides for the preparation of preliminary design plans for
selected roadways in the NMDSP & MPDSP subject to any
revisions deemed necessary by the City Attorney.
(c) Authorized the City Manager to amend the scope of
services as necessary for a contingency amount not to
exceed $133,500.

3. Approval of Agreement No. 22–34 with Advanced Creative Concrete to Construct a Concrete Foundation for a
Ventilation Training Prop at the Fire Department Training Facility
The City Council approved Agreement No. 22–34 with Advanced Creative Concrete to construct a concrete foundation for a ventilation training prop at the Fire Department training facility.

4. Approval of Agreement Nos. 22–38 and 22–39 with the County of San Bernardino to Provide for the Receipt of Grant Funds from the 2020 and 2021 Justice Assistance Grant Awards
Authorizing City Manager Edward C. Starr to Sign Said
Agreements
The City Council took the following actions:
(a) Approved Agreement Nos. 22–38 and 22–39 with the
County of San Bernardino to provide for the receipt of
MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 341 of 347

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – May 16, 2022 Page 7 of 12 grant funds from the 2020 and 2021 Justice Assistance
Grant Awards.
(b) Authorized City Manager Edward C. Starr to sign said Agreements.

5. Approval of Agreement No. 22–41 with AppleOne Employment Services to Provide Staffing Services for the Montclair After–School Program
The City Council approved Agreement No. 22–41 with
AppleOne Employment Services to provide staffing services for the Montclair After–School Program.

6. Approval of Agreement No. 22–42 with Crafton Hills College Authorizing the Fire Department to Provide Clinical Training for Emergency Medical Students
Council Member Johnson expressed her support for the Fire Department working with local schools, which could entice students to start their careers in Montclair.

The City Council approved Agreement No. 22–42 with Crafton Hills College authorizing the Fire Department to provide clinical training for emergency medical students.

7. Authorizing the Police Department to Contract with a Reputable Manufacturer for the Purchase of a Tactical
Armored Vehicle Defined as Military Equipment Under
Assembly Bill 481
Approval of Agreement No. 22–43 with San Bernardino
County to Provide Funding for the Sole Purchase of a
Tactical Armored Vehicle, Required Radio Components and Installation, and Graphics, Subject to Any Revisions Deemed Necessary by the City Attorney
Authorizing Receipt of $336,600 from San Bernardino
County for the Sole Purchase of a Tactical Armored Vehicle, Required Radio Components and Installation, and Graphics Council Member Johnson asked if this vehicle would be used for protection of officers only and not offensively.

Executive Director of Public Safety/Police Chief Avels stated he appreciates Council Member Johnson’s concerns. He advised this vehicle would replace the City’s Peacekeeper and would be used for the same purposes, including both defensive and offensive objectives. He stated the vehicle being purchased has the ability to attach devices to the front such as a battering ram; however, this would only be used in instances where a building is not safe for officers to enter without protection or when a door is barricaded.

Council Member Lopez stated he has seen battering rams used on warehouses that house illegal cannabis grow operations and can see the value in having one available on the force.

The City Council took the following actions:
(a) Authorized the Police Department to contract with a reputable manufacturer for the purchase of a tactical
armored vehicle defined as military equipment under
Assembly Bill 481.
(b) Approved Agreement No. 22–43 with San Bernardino
County to provide funding for the sole purchase of a
tactical armored vehicle, required radio components and installation, and graphics, subject to any revisions
deemed necessary by the City Attorney.
(c) Authorized receipt of $336,600 from San Bernardino
County for the sole purchase of a tactical armored vehicle, required radio components and installation, and graphics.

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8. Approval of Agreement No. 22–45 with ServiceMaster 360 Premier Cleaning to Provide Custodial Services at the Family Resource Center Subject to Any Revisions Deemed
Necessary by the City Attorney
The City Council approved Agreement No. 22–45 with
ServiceMaster 360 Premier Cleaning to provide custodial services at the Family Resource Center subject to any revisions deemed necessary by the City Attorney.

9. Approval of Agreement No. 22–46 with Ontario–Montclair School District for Utilization of the Family Resource Center for Case Management Services and to Support Operating
Costs of the Facility Subject to Any Revisions Deemed
Necessary by the City Attorney
The City Council approved Agreement No. 22–46 with Ontario– Montclair School District for utilization of the Family Resource Center for case management services and to support operating costs of the facility subject to any revisions deemed necessary by the City Attorney.

10. Approval of Agreement No. 22–48 with Mt. San Antonio College Authorizing the Fire Department to Provide Clinical Training for Emergency Medical Students
The City Council approved of Agreement No. 22–48 with Mt. San Antonio College authorizing the Fire Department to provide clinical training for emergency medical students.

11. Approval of Agreement No. 22–49 with 5060 Montclair Plaza Lane Owner, LLC, a Reimbursement Agreement Related to
the Development of Property Generally Located on the
Southwest Corner of Central Avenue and Moreno Street
Subject to Any Revisions Deemed Necessary by the City
Attorney
Council Member Johnson asked: if the City is being reimbursed for the cost of the consultants by the developers, why is the City acting as a middle–man?
City Manager Starr advised the California Environmental Quality Act requires that environmental consultants for projects contract with the City rather than the developer.

Council Member Lopez asked why the City only provides five days for the developer to respond to notices of costs in excess of the estimates with an appeal, whereas the City is implicitly provided an undefined amount of time to respond to the
developer.

City Manager Starr indicated the City must correspond with several interested parties before responding to the developer such as the consultants, the City Council, and other entities, while the developers can immediately respond when receiving a communication from the City. He advised staff would monitor and be aware if a consultant’s costs are close to the cap far in advance of it happening, so the developer would be made aware before it gets to the point of sending a written notice.

Council Member Lopez stated he is concerned the City may be overburdening developers with time limits and other aspects of the process.

The City Council approved Agreement No. 22–49 with 5060 Montclair Plaza Lane Owner, LLC, a reimbursement agreement related to the development of property generally located on the southwest corner of Central Avenue and Moreno Street subject to any revisions deemed necessary by the City Attorney.

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Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – May 16, 2022 Page 9 of 12 D. Resolutions

1. Adoption of Resolution No. 22–3348 Making Factual
Findings in Compliance with AB 361 for the Continuation of Public Meeting Teleconferencing During Public Health
Emergencies for the Period of May 16, 2022, through
June 15, 2022
The City Council adopted Resolution No. 22–3348 making factual findings in compliance with AB 361 for the continuation of public meeting teleconferencing during public health emergencies for the period of May 16, 2022, through June 15, 2022.

IX. PULLED CONSENT CALENDAR ITEMS — None
X. BUSINESS ITEMS
A. Consider Approval of an Extension to the Requirement, as Provided For in Resolution No. 22–3344, for Council Member Benjamin Lopez to Attend City–Approved Sexual Harassment Prevention Training from “within Thirty (30) Calendar Days” to “within Sixty (60) Calendar Days” Following Adoption of Said Resolution
Consider Authorizing a $5,000 Transfer From the Contingency Account to City Attorney Program Account No. 1001–4801– 52290–400 (Legal Services and Court Costs) to Provide
Specialized Sexual Harassment Prevention Training for Council Member Lopez as Required by Resolution No. 22–3344
Mr. Culp stated his disappointment that Council Member Lopez continues to serve on the City Council with little consequence for his behavior. He pointed out that, while Council Member Lopez criticizes the state for passing costs onto local governments, he should look at his own actions that are costing the City money. He asked the City Council to consider amending its action tonight to require Council Member Lopez to forfeit his salary until the City is reimbursed for the costs it incurs in relation to the accommodations being made for him, including this specialized sexual harassment prevention training. He also requested Council Member Lopez be required to report back to the City Council about his training. He insisted Council Member Lopez resign from office.

Mayor Dutrey received confirmation from City Attorney Robbins that the City Council does not have the authority to reduce a Council Member’s salary, which is set by ordinance.

Moved by Council Member Martinez, seconded by Mayor Dutrey, and carried 4–1 (Lopez dissenting), the City Council took the following actions:

1. Approved an extension to the requirement, as provided for in Resolution No. 22–3344, for Council Member Benjamin Lopez to attend City–approved sexual harassment prevention training from “within thirty (30) calendar days” to “within sixty (60) calendar days” following adoption of said Resolution; and

2. Authorize a $5,000 transfer from the contingency account to City Attorney Program Account No. 1001–4801–52290–400 (Legal Services and Court Costs) to provide specialized sexual harassment prevention training for Council Member Lopez as required by Resolution No. 22–3344.

XI. COMMUNICATIONS
A. Department Reports

1. Human Services Department — Upcoming Events & Programs Human Services Director Richter announced the following:
(a) After being closed for the last two seasons, on Saturday, May 28th, the Splash Pad at Alma Hofman Park will reopen MONTCLAIR CITY COUNCIL MEETING – 06/06/2022 Page 344 of 347

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Day, subject to regular maintenance, emergency repairs, and potential drought restrictions.
(b) On Monday, May 30th, at 6:00 p.m., the Community
Activities Commission will host its 22nd Annual Memorial Day Program in the City Hall Memorial Garden. The
presentation will include patriotic songs and the
dedication of six new plaques to the Veterans’ Memorial Wall.
(c) The City’s 8th Annual Country Fair Jamboree will take place on Saturday, June 4th, from noon to 6:00 p.m. at Alma
Hofman Park. The event will include games, food trucks, a petting zoo, carnival rides, craft vendors, contests, and live entertainment. Discount ride wristbands can be purchased in advance at City Hall, and free event parking will be available at Our Lady of Lourdes Church with a shuttle
service provided.

B. City Attorney
City Attorney Robbins requested the City Council meet in closed session concerning the following:

1. Closed Session Pursuant to Government Code Section
54956.9(d)(1) Regarding Potential Litigation
1 Potential Case
C. City Manager/Executive Director — None
D. Mayor/Chair

1. Announcement of 4 Vacancies on the Community Activities Commission (4–Year Terms, July 1, 2022 through June 30, 2026)
Mayor Dutrey announced there are four vacancies on the
Community Activities Commission (CAC) and encouraged
residents to apply at www.cityofmontclair.org by the deadline at 5:30 p.m. on May 18, 2022 at 5:30 p.m.

2. Consider Scheduling Meetings for Fiscal Year 2022–23 Preliminary Budget Review Presentation and Budget
Adoption, Tentatively Proposed for Wednesday, June 22,
2022, at 6:00 p.m., and Tuesday, June 28, 2022, at 6:00 p.m., in the City Council Chambers
Mayor/Chair Dutrey announced the Preliminary Budget Review workshop would be scheduled to take place on Wednesday, June 22, 2022, at 6:00 p.m., and the meeting for adoption of the Budget would be scheduled for Tuesday, June 28, 2022, at 6:00 p.m., if all members of the City Council are available. He noted the continuation of the workshop that took place on May 2, 2022, would also likely take place on June 28th.

Mayor Pro Tem/Vice Chair Ruh stated he would be out of town on the 22nd, but could attend the meeting remotely.

3. Mayor Dutrey made the following comments:
(a) He stated tonight’s meeting would be adjourned in
memory of Rancho Cucamonga City Council Member Sam
Spagnolo, who served as Chair of the Omnitrans Board of Directors and President of the Inland Empire Division of the League of California Cities.
(b) He reported attending the Southern California
Association of Governments (SCAG) Annual Conference
and General Assembly two weeks ago, where he voted on
SCAG Resolutions as the City’s delegate.

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Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – May 16, 2022 Page 11 of 12 Mayor Dutrey stated he must leave the meeting and asked Mayor Pro Tem/Vice Chair Ruh to preside over the meeting in his absence.

At 9:00 p.m., Mayor/Chair Dutrey left the meeting.

E. Council Members/Directors

1. Council Member/Director Martinez thanked residents who spoke this evening and stated she is glad the City will be reporting on the expenses of Council Member Lopez’s censure.

2. Council Member/Director Johnson made the following
comments:
(a) She stated she is delighted to hear the Splash Pad will finally be reopening to give our young residents a chance to play and get some relief from the heat.
(b) She reported attending an Ontario–Montclair School
District parents’ conference with Council Member
Martinez, City Manager Starr, and Human Services Director Richter, adding many parents were glad to see Montclair representatives at the event.
(c) She announced the Montclair Chamber of Commerce will be hosting another drive–thru e–waste collection event on Saturday and Sunday, May 28th and 29th, and invited the community to drop by the Chamber office at 8880 Benson
Avenue.

3. Council Member/Director Lopez made the following comments:
(a) He attended a Chaffey High School student production of the Addams Family, which he thoroughly enjoyed.
(b) He stated he was shocked and saddened to hear of the passing of Rancho Cucamonga Council Member
Spagnolo, sharing that he met Mr. Spagnolo before he
was a City Council Member in the 1980s, and was
mentored by him on fire issues.

4. Mayor Pro Tem/Vice Chair Ruh made the following comments:
(a) He noted he also knew Mr. Spagnolo from his firefighter days. He stated Mr. Spagnolo loved his city and his
community and did a great job guiding the City of Rancho Cucamonga as a member of its City Council. He expressed his condolences to the family and friends of Mr. Spagnolo and the City of Rancho Cucamonga for its significant loss. (b) He stated his disappointment in commercial trash haulers for opposing and lobbying against legislation to reduce waste and produce energy and other societal benefits by diverting solid waste from landfills. He stated he would like to see trash converted to energy and byproducts such as pellets for road construction.
(c) He reported that he, representing the City, and Mayor Dutrey, representing SBCTA, attended the Gold Line Joint Powers Authority meeting to review station artwork last Thursday. He stated the artwork at each station is different and reflects the community in which the station resides.

He added the Gold Line, now called the L Line, is the
busiest line in the system. He thanked neighboring Cities for supporting the line’s extension to Montclair.

F. Committee Meeting Minutes

1. Minutes of Personnel Committee Meeting of May 2, 2022 The City Council received and filed the minutes of the Personnel Committee meeting of May 2, 2022, for informational purposes.

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Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – May 16, 2022 Page 12 of 12 XII. CLOSED SESSION
At 9:15 p.m., the City Council went into closed session to discuss potential litigation.

XIII. CLOSED SESSION ANNOUNCEMENTS
At 9:40 p.m., the City Council returned from closed session.

City Attorney Robbins announced the City Council met in closed session to discuss potential litigation and direction was given to staff to initiate litigation, with the vote of approval being 4–0 (Dutrey absent). She advised that, once the City has formally commenced litigation, the City will disclose the action, the defendant(s), and the other particulars to any person upon inquiry, unless to do so would jeopardize the City’s ability to effectuate service of process on one or more unserved parties.

XIV. ADJOURNMENT
At 9:40 p.m., Mayor Pro Tem/Vice Chair Ruh adjourned the City Council, Successor Agency Board, Montclair Housing Corporation Board, Montclair Housing Authority Commission, and Montclair Community Foundation Board in memory of Rancho Cucamonga City Council Member Sam Spagnolo.

Submitted for City Council/Successor Agency
Board/Montclair Housing Corporation Board/
Montclair Housing Authority Commission/
Montclair Community Foundation Board approval,

Andrea Myrick
City Clerk
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