Montclair City Council
July 18, 2022

CITY OF MONTCLAIR

AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT is made and effective as of July 1, 2022, between the City of Montclair, a California Municipal Corporation ("City") and Revenue & Cost Specialists, LLC, a Limited Liability Company ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on July 1, 2022 and shall remain and continue in effect until modified by the parties or terminated pursuant to the provisions of this Agreement.

2. SERVICES
The parties intend Consultant to assist the City with conducting a cost-of-service study for fees charged by the City of Montclair. Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.

3. PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of his/her ability, experience and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.

4. CITY MANAGEMENT
City’s City Manager shall represent City in all matters pertaining to the administration of this Agreement, and the review and approval of all products submitted by Consultant. City’s City Manager shall be authorized to act on City’s behalf and to execute all necessary documents which enlarge the Scope of Services to be Performed or change Consultant’s compensation as provided in Section 5(b) below.

5. PAYMENT
(a) The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment Schedule of Fees set forth in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the tasks detailed in Exhibit A.

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(b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. (c) Consultant will submit invoices monthly for actual services performed. Said invoices shall detail all costs, rates and hours for individual tasks. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of the Consultant’s fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. (d) Consultant agrees that, in no event shall City be required to pay to Consultant any sum in excess of ninety-five percent (95%) of the maximum payable hereunder prior to receipt by City of all final documents, together with all supplemental technical documents, as described herein acceptable in form and content to City. Final payments shall be made no later than sixty (60) days after presentation of final documents and acceptance thereof by City.

6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise.

If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement. Consultant also may terminate this Agreement by serving upon the City at least thirty (10) days prior written notice.
(b) In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant on a pro-rata basis the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 5(c).

7. DEFAULT OF CONSULTANT
(a) The Consultant’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 179 of 259 Agreement No. 22-80

beyond the Consultant’s control, and without fault or negligence of the Consultant, it shall not be considered a default.
(b) If the City Manager or his/her delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

8. OWNERSHIP OF DOCUMENTS
(a) Consultant shall maintain complete and accurate records with respect to billed time, sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. (b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, claims, applications, computer files, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant’s office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.

Notwithstanding the above, computer software (including without limitation financial models, compilations of formulas and spreadsheet models), prepared by Consultant are Instruments of Service of Consultant and shall remain the property of Consultant.

Consultant shall likewise retain all common law, statutory and other reserved rights, including the copyright thereto.

9. INDEMNIFICATION
(a) Defense, Indemnity and Hold Harmless. Consultant shall defend, indemnify, and hold harmless the City, its present and former officers, directors, employees, agents, staff, volunteers, mayor, council, boards, committees, and representatives, as broadly interpreted (collectively, the “Indemnified Parties”), of and MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 180 of 259 Agreement No. 22-80

from all claims, suits, demands, obligations, losses, damages, sums, or any other matters threatened or presently asserted, including but not limited to all legal fees, costs of defense and litigation expenses (including legal fees, expert fees and any other costs or fees, including those of adverse parties imposed on or sought against the Indemnified Parties), arising directly or indirectly out of any liability or claim of loss or liability for personal injury, bodily injury to persons, contractual liability, errors or omissions, breach, failure to perform, damage to or loss of property, or any other loss, damage, injury or other claim of any kind or nature arising out of the work to be performed by Consultant herein, caused by or arising out of the negligent acts or omissions, or intentional misconduct of Consultant, including its subcontractors, subconsultants, employees, agents, and other persons or entities performing work for Consultant. (b) Contractual Indemnity. To the fullest extent permitted under California law, Consultant shall contractually indemnify, defend and hold harmless the Indemnified Parties from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, amounts for good faith settlement, or costs of any kind, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees and costs), arising out of or related to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to Consultant’s officers, agents, representative, employees, independent contractors, subcontractors, subconsultants, or affiliated or related entities and/or its or their employees, agents and representatives, caused by or arising out of all negligent acts or omissions, or intentional misconduct of Consultant, including its subcontractors, subconsultants, employees, agents and other persons or entities performing work for Consultant. Indemnification shall include any claim that Consultant, or Consultant’s employees or agents, are or may be considered and treated as employees of the City or are entitled to any employee benefits from City including but not limited to those available under Public Employees Retirement Law. The obligation to indemnify, defend and hold harmless the Indemnified Parties shall apply to all liability as defined above regardless of whether the Indemnified Parties were or are alleged to have been negligent, except that it shall not apply to claims arising from the sole negligence or willful intentional misconduct of the Indemnified Parties. Consultant’s obligation to defend the Indemnified Parties is not contingent upon there being an acknowledgement of or determination of the merit of any claims, liability, demands, causes of action, suits, losses, expenses, errors, omissions and/or costs.
(c) Subcontractors/Subconsultants and Indemnification. Consultant agrees to and shall obtain executed indemnity agreements in favor of the Indemnified Parties with provisions identical to those set forth from each and every Subcontractor, Sub consultant, or other person or entity involved by, for, with, or on behalf of Consultant in the performance of any aspect of this Agreement. In the event Consultant fails to obtain such indemnity obligations, Consultant shall be fully responsible for each and every Subcontractor, Subconsultant or other person or entity in terms of defense, indemnity and hold harmless obligations in favor of the Indemnified Parties as set forth above. This obligation to indemnify and defend the Indemnified Parties is binding on the successors, assigns, or heirs of Consultant and shall survive the full performance or termination of this Agreement. These indemnification provisions are independent of and shall not in any MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 181 of 259 Agreement No. 22-80

way be limited or superseded by the insurance requirements and insurance-related provisions of this Agreement.
(d) City Lost or Damaged Property – Theft. Consultant further agrees to pay or cause to be paid to the Indemnified Parties’ benefit, any and all damages, fines, penalties, and loss or theft of property of the City arising out of or related in any way to the negligent acts or omissions or intentional misconduct of Consultant or of Consultant’s officers, agents, representatives, employees, independent contractors, subcontractors or affiliated or related entities and/or its or their employees, agents and representatives, whether such actions, omissions to act, negligence or intentional conduct is or was authorized by this Agreement or not. City assumes no responsibility whatsoever for any property placed on the premises of City. Consultant further agrees to waive all rights of subrogation against the Indemnified Parties.
(e) Non-Waiver and Non-Exhaustion of City’s Further Rights and Remedies. No aspect of this provision shall in any way limit or effect the rights of the Indemnified Parties against the Consultant under the terms of this Agreement or otherwise. The indemnification provisions shall apply regardless of whether this Agreement is executed after Consultant begins the work and shall extend to claims arising after this Agreement is performed or terminated, including a dispute as to the termination of Consultant. The indemnity obligations of Consultant shall continue until it is determined by final judgment that the claim against the City and any Indemnified Parties is determined by final judgment and after exhaustion of any rights of appeal. Further, no aspect of this provision shall impact the City’s rights to contribution from Consultant, or for the City to dispute Consultant’s refusal to defend and indemnify City. (f) Limitations on Scope of Indemnity. Notwithstanding the foregoing, Consultant shall not be responsible for indemnification for claims or losses caused by the sole negligence or intentional wrongdoing of Indemnified Parties. Further, the indemnity provided shall be interpreted as broadly as permitted under California law and as to agreements between parties and shall if required be reformed to be consistent with those laws to protect and save this provision for the protection of the Indemnified Parties. (g) The obligations of Consultant under this or any other provision of this Agreement shall not be limited by the provisions of any workers’ compensation act or similar act. The Consultant expressly waives any statutory immunity under such statutes or laws as to the Indemnified Parties. The Consultant’s indemnity obligation set forth in this Section 9 shall not be limited by the limits of any policies of insurance required or provided by the Consultant pursuant to this Agreement.
(h) The Consultant’s covenant under this Section 9 shall survive the expiration or termination of this Agreement.

10. INSURANCE
The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

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(a) Types of Required Coverages
Without limiting the indemnity provisions of the Contract, the Consultant shall procure and maintain in full force and effect during the term of the Contract, the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so. (1) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 00 01, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $2,000,000 per occurrence, and $4,000,000 aggregate total bodily injury, personal injury, and property damage.
(2) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1), including owned, non-owned and hired autos, or the exact equivalent, with minimum limits of $1,000,000 for bodily injury and property damage, each accident. If Contractor owns no vehicles, auto liability coverage may be provided by means of a non-owned and hired auto endorsement to the general liability policy. Automobile liability insurance and endorsements shall be kept in force at all times during the performance of this Agreement. (3) Workers’ Compensation: Workers’ Compensation Insurance, as required by the State of California and Employer’s Liability Insurance with a limit of not less than $1,000,000 each accident for bodily injury and $1,000,000 each employee for bodily injury by disease. (4) Professional Liability: Professional Liability insurance with limit of not less than $2,000,000 each claim. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusion that may potentially affect the work to be performed.
(b) Endorsements
Insurance policies shall not be in compliance if they include any limiting provision or endorsement. The insurance policies shall contain, or be endorsed to contain, the following provisions:
(1) Commercial General Liability
Additional Insured: The City, its elected officials, officers, employees, volunteers, boards, agents and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or operations. Coverage for the additional insureds shall apply to the fullest extent permitted by law.

Additional Insured Endorsements shall not:

1. Be limited to “Ongoing Operations”
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2. Exclude “Contractual Liability

3. Restrict coverage to the “Sole” liability of contractor

4. Exclude “Third-Party-Over Actions”

5. Contain any other exclusion contrary to the Agreement Additional Insured Endorsements shall be at least as broad as ISO Forms CG 20 10 11 85; or CG 20 and 10 and CG 2037.

Primary Insurance: This insurance shall be primary and any other insurance, whether primary, excess, umbrella or contingent insurance, including deductible, or self-insurance available to the insureds added by endorsement, shall be in excess of, and shall not contribute with, this insurance. Coverage shall be at least as broad as ISO CG 20 01 04 13. (2) Auto Liability
Additional Insured: The City, its elected officials, officers, employees, volunteers, boards, agents, and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the work or operations performed by or on behalf of the Contractor.

Primary Insurance: This insurance shall be primary and any other insurance whether primary, excess, umbrella or contingent insurance, including deductible, or self-insurance available to the insureds added by endorsement shall be in excess of and shall not contribute with this insurance.
(3) Workers’ Compensation
Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties. (c) Notice of Cancellation.

Required insurance policies shall not be cancelled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (d) Waiver of Subrogation
Required insurance coverages shall not prohibit Consultant from waiving the right of subrogation prior to a loss. Consultant shall waive all rights of subrogation against the indemnified parties and policies shall contain or be endorsed to contain such a provision. This provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer.
(e) Evidence of Insurance
All policies, endorsements, certificates, and/or binders shall be subject to approval by the City as to form and content. These requirements are subject to amendment or waiver only if so approved in writing by the City. The City reserves the MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 184 of 259 Agreement No. 22-80

right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
(f) Deductible or Self-Insured Retention
Any deductible or self-insured retention must be approved in writing by the City and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the Consultant or the City.
(g) Contractual Liability/Insurance Obligations
The coverage provided shall apply to the obligations assumed by the Consultant under the indemnity provisions of this Agreement. The insurance obligations under this Agreement shall be: (1) all the insurance coverage and/or limits carried by or available to the Consultant; or (2) the minimum insurance coverage requirements and/or limits shown in this Agreement; whichever is greater. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits, which are applicable to a given loss, shall be available to the City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of the Consultant under this Agreement.
(h) Failure to Maintain Coverage
Consultant agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City. The City shall have the right to withhold any payment due Consultant until Consultant has fully complied with the insurance provisions of this Contract. In addition, the City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may take out the necessary insurance and pay, at Consultant’s expense, the premium thereon.

In the event that the Consultant’s operations are suspended for failure to maintain required insurance coverage, the Consultant shall not be entitled to an extension of time for completion of the Work because of production lost during suspension. (i) Acceptability of Insurers
Each such policy shall be from a company or companies with a current A.M.

Best’s rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 185 of 259 Agreement No. 22-80

provisions of the California Insurance Code or any federal law. Any other rating must be approved in writing in accordance with the City.
(j) Claims Made Policies
If coverage is written on a claims-made basis, the retroactive date on such insurance and all subsequent insurance shall coincide or precede the effective date of the initial Consultant’s Agreement with the City and continuous coverage shall be maintained or an extended reporting period shall be exercised for a period of at least five (5) years from termination or expiration of this Agreement. (k) Insurance for Subcontractors
Consultant shall be responsible for causing Subcontractors/Subconsultants to purchase the same types and limits of insurance in compliance with the terms of this Agreement, including adding the City as an Additional Insured, providing Primary and Non-Contributory coverage and Waiver of Subrogation to the Subcontractors’/Subconsultant’s policies. The Commercial General Liability Additional Insured Endorsement shall be on a form at least as board as CG 20 38 04 13.

11. INDEPENDENT CONTRACTOR
(a) Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control and shall not be construed to be employees of City for any purpose, including eligibility under Public Employees Retirement Law. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents, except as set forth in this Agreement.

Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City.

Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Consultant shall be solely responsible and hold the City harmless for all matters relating to the payment of Consultant’s employees, including compliance with Social Security withholdings and all other regulations governing such matters.
(b) No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.

12. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 186 of 259 Agreement No. 22-80

not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section.

13. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City of Montclair in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City of Montclair will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.

Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.

14. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the project performed under this Agreement.

15. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, responses to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena.
(b) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, requests for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding.

Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Consultant. However, City’s right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

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(c) Consultant shall comply with all applicable federal, state and local Conflict of Interest laws, including the Political Reform Act (California Government Code, Section 81000, et. seq.) and California Government Code, Section 1090, et. seq. Consultant covenants that neither he/she nor any officer or principal of their firm have any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder. Consultant further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent or subconsultant. Consultant further covenants that Consultant has not contracted with nor is performing any services, directly or indirectly, with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area and further covenants and agrees that Consultant and/or its subconsultants shall provide no service or enter into any agreement or agreements with a/any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area prior to the completion of the work under this Agreement. Further, Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to the City as a result of the performance of this Agreement, or the services that may be procured by the City as a result of the recommendations made by the Consultant. The Consultant’s covenant under this Section shall survive the termination of this Agreement.

16. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

To City: Mikey Fuentes, Dir. of Economic Development
City of Montclair
5111 Benito Street
Montclair, CA 91763
To Consultant: Eric S Johnson, President
Revenue & Cost Specialists, LLC
1519 East Chapman, Suite C
Fullerton, CA 92831

17. ASSIGNMENT AND SUBCONTRACTING
The Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, nor any monies due hereunder, without prior written consent of the City. The City’s consent to an assignment of rights under this Agreement shall not release the Consultant from any of its obligations or alter any of its obligations to be performed under this Agreement. Any attempt at assignment or delegation by the Consultant in violation of this Section 17 shall be void and of no legal MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 188 of 259 Agreement No. 22-80

effect and shall constitute grounds to terminate this Agreement for cause. The Consultant shall not subcontract any performance required under this Agreement without the City’s prior written consent.

18. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement, including a City of Montclair business license.

19. GOVERNING LAW
The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Montclair.

20. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material.

21. PRIORITY OF AGREEMENT
To the extent any provision of Consultant’s Proposal attached hereto as Exhibit “A” conflicts with the terms and provisions of this Agreement, the terms and provisions of this Agreement shall control and shall take precedence over those contained in Consultant’s Proposal.

22. CONFIDENTIALITY
Information and materials obtained by the Consultant from City during the performance of this Agreement shall be treated as strictly confidential and shall not be used by the Consultant for any purpose other than the performance of this Agreement.

Consultant’s covenant under this Section shall survive the expiration or termination of this Agreement.

23. DISCRIMINATION
The Consultant agrees that no person shall be excluded from employment in the performance of this Agreement on grounds of race, creed, color, sex, age, marital status, or place of national origin. In this connection, the Consultant agrees to comply with all County, State and Federal laws relating to equal employment opportunity rights.

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24. EFFECT OF PARTIAL INVALIDITY
If any term or provision of this Agreement shall be held invalid or unenforceable, the remainder of this Agreement and any application of the terms shall remain valid and enforceable under this Agreement or California law.

25. CLAIMS AGAINST CITY
Consultant must comply with the claim procedures set forth in Government Code sections 900, et. seq., and/or Montclair Municipal Code, Chapter 1.16, as applicable, prior to filing any lawsuit against the City. Such claims and any subsequent lawsuit based upon the claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.

26. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.

27. NO THIRD PARTY BENEFICIARIES
This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.

28. COST OF LITIGATION
If any legal action is necessary to enforce any provision of this Agreement or for damages by reason of an alleged breach of any provisions of this Agreement (whether in contract, tort or both), the prevailing Party shall be entitled to receive from the losing Party all attorneys’ fees, costs and expenses in such amount as the courts may determine to be reasonable. In awarding the cost of litigation, the court shall not be bound by any court fee schedule, but shall, if it is in the interest of justice to do so, award the full amount of costs, expenses and attorneys’ fees paid or incurred in good faith.

29. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument.
[Signatures on Following Page]
MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 190 of 259 Agreement No. 22-80

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY CONSULTANT
By: By:

Javier John Dutrey, Mayor Eric S. Johnson President
Attest:

By:

Andrea M. Myrick, City Clerk
Approved as to Form:

By:

Diane E. Robbins, City Attorney
MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 191 of 259 Proposal for the City of Montclair

COMPREHENSIVE USER FEE STUDY
1519 E Chapman Ave
Suite C
Fullerton, CA 92831
(714) 992-9020
www.revenuecost.com
"Exhibit A"
MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 192 of 259 TABLE OF CONTENTS MAY 18, 2022
16TCover Letter ................................................................................................................................................................... 3 16TApproach and Methodology ................................................................................................................................. 5 16TFirm Information/Organization.................................................................................................................... 15 16TReferences ................................................................................................................................................................... 21 16TCost Proposal............................................................................................................................................................. 24 MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 193 of 259 Proposal for Comprehensive User Fee Study

May 18, 2022
City of Montclair
Mikey Fuentes, Director of Economic Development and Housing 5111 Benito St
Montclair, CA 91763
Proposal for Comprehensive User Fee Study
Revenue & Cost Specialists, LLC (RCS) appreciates the opportunity to submit this proposal for a Comprehensive User Fee Study. We have been providing fee studies and other costing services since 1980, making us the first and foremost expert in costing services for California.

RCS’ skill set will generate maximum accountability for the City of Montclair. We have a history of delivering quality reports with defensible data that can be acted on and adopted.

Our fee study process is straightforward, imposes minimal impact on staff, and provides proper information which will allow staff, City Council and other stakeholders to make the best policy decisions for Montclair. We strive to ensure confidence in the information and recommendations of the final Report, and as former city staff ourselves, we understand what you need and want, how a city generally operates, and that your time is precious.

The terms of this proposal will be honored for 90 calendar days from the date of submittal.

Please contact Eric at (714) 992-9027 or [email protected] with any questions.

Sincerely,
ERIC S. JOHNSON CHU THAI
President Vice President
MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 194 of 259 Proposal for Comprehensive User Fee Study

RCS Contacts
Revenue & Cost Specialists
1519 E Chapman Ave, Ste C
Fullerton, CA 92831
35Twww.revenuecost.com35T
Eric Johnson
President
714-992-9027
[email protected]
Chu Thai
Vice President
714-992-9024
[email protected]
MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 195 of 259 Proposal for Comprehensive User Fee Study

APPROACH AND METHODOLOGY
RCS understands that the City’s primary goals of the study are the following:
 Determine what it cost the City to provide various fee‐related services  Recommend fee adjustments based on full cost analysis and industry best practices  Develop revenue projections based on recommended increases (or decreases) to fees  Provide user fee models and templates to City staff enabling staff to update the study results in future years and incorporate new fees as they occur As part of our study RCS will first produce a Cost
Allocation Plan (CAP), which is necessary in
calculating the fully burdened hourly rates for
employees, is an effective way to distribute the
overhead costs to funds, programs and services,
and will make the full costs of services study much
more defensible.

Based on the full cost information, RCS will review
with staff a proposed fee structure that will
recover these costs in the most equitable and
efficient way possible. This may involve flat fees,
deposits, valuation-based fees, step-increase fees,
or a combination of these. But the eventual fee
recommendations included in the final report and
master fee resolution will be defensible, easy to understand, and be supported by City staff.

RCS will construct user fees that represent how operations are conducted in the City. We will review with staff suggested fee structures that recover costs in the most equitable and efficient way possible. This may involve flat fees, deposits, valuation-based fees, stepincrease fees or a combination of these. The eventual fee recommendations included in the final report and master fee resolution will be defensible, easy to understand and supported by City staff.

The most important part of our work is performed through a series of focused meetings with staff. Face-to-face meetings commit staff to the timeline and ensure that our study draws from the most knowledgeable person on the subject matter. A series of meetings also gives City staff time to digest and reflect on the information generated. RCS uses only company principals with more than 20-plus years of experience to conduct these meetings, which makes the process quicker and the results more accurate. Our process provides the City with well-documented and defensible service costs that will be used to develop fees that comply with Propositions 4, 218 and 26.

We also identify 100% of the staff time on 100% of the services they provide. This gives City staff a complete perspective on their time allocations instead of merely looking at time MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 196 of 259 Proposal for Comprehensive User Fee Study

allocations for individual services in a vacuum. These methods will ensure that City staff feels confident about the data and, therefore, confident in supporting the results in public hearings.

The other key result of identifying 100% of City services is that we are identifying not only the cost of fee services, but of community-supported services, such as police, street and park maintenance services. This allows us to have a real discussion with real numbers with the City Council about tax subsidy policy. Since we are identifying the full costs of fee services, we are also identifying the current subsidy of general tax dollars for these services.

Therefore, we can show the City Council how much fee services are subsidized at the expense of community-supported services. Does the City want to continue to use precious tax dollars to support, for instance, a bathroom remodel and permitting inspection that only benefits a particular property owner or use those tax dollars on things that can only be supported by tax dollars, like police patrol and park maintenance? They will now have that information to be able to make that conscious choice.

Changing the discussion from fee increases to tax subsidy policy along with RCS’ experience in successfully presenting the results of similar studies to City Councils ensures that the City will be able to meet its policy objectives.

RCS’ process will do more than update the City’s current fees. We take a deep dive into each and every fee, discussing its purpose, structure, legal defensibility, payment collection effectiveness, and value to the community. Based on our 42 years of experience, we are comfortable recommending the restructuring, addition and removal of fees to make it better for the City.

RCS’ Comprehensive Fee Study Will Provide the Following In addition to user fees, this Study will allow Montclair to update your rents/permit to use fees and fines/bails.

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 197 of 259 Proposal for Comprehensive User Fee Study

PROJECT TASKS
Project Kick-Off
Task 1: Obtain Budget & Personnel Data
RCS will review and prepare necessary files for the project. This includes obtaining and reviewing prior user fee reports and fee schedules, line-item budget details, salary schedules, MOUs and fringe benefit details.

Task 2: Kick-off Meeting
RCS will conduct a Citywide meeting, explaining the operational methodology of the study and the role of staff. We will review any possible issues that may arise as well as answer any questions from staff about the process. This meeting is crucial for the process as we want to ensure that everyone understands the various steps in the process and what is expected of them.

Cost Allocation Plan
Task 1: Identify Central Services and Allocate Staff Time RCS will meet with various departments to identify and review central services and allocate staff time and costs for those services. Examples of central services include payroll, risk management, and facility maintenance. City staff time involved in the meetings is typically one hour per central service department.

Task 2: Develop Allocation Factors
RCS will meet with City staff to develop the allocation factors for each central service identified in the above task. These factors will form the basis for determining fully burdened hourly rates and allocating central service costs. This meeting will be concurrent with the time allocation meeting. Though City staff involvement in data gathering is a function of the availability of the required information, RCS will develop allocation factors that are easily reproducible from year to year but still equitably allocate central service costs.

RCS will calculate allocations to the functional centers and review the results with the managers of the various central service departments. City staff time to review the results of the allocations will be less than 1 hour per department.

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 198 of 259 Proposal for Comprehensive User Fee Study

Task 3: Initial Calculation Review
RCS will prepare a Draft Cost Allocation Plan Report with allocations to end user departments using our 20-step allocation model. RCS will review this Draft Report with the City, making any necessary adjustments to ensure that costs are allocated properly.

Task 4: Prepare Final Cost Allocation Plan
RCS will then prepare a Final Report with allocations to end user departments. These results will be used for the general overhead component of the Fee Study and can also be used to determine the amounts for transfers to the General Fund for support provided to other funds. RCS will consult with City Staff as necessary to defend the cost allocation plan in the event of audits or other challenges.

User Fee Study
Task 1: Review the Service List with Staff
RCS will review the service list through meetings with each department. We will acknowledge fees that are properly structured, introduce new fees for services currently provided without a charge, discuss deletion of fees no longer valid, and consider any changes to any fee structure and calculation methods. The end result, whichever method is used, will be a fee structure that best fits the City going forward.

While this list will change during the course of the Study as it is refined, it will be the initial basis from where we start. City staff time for this review will be approximately 1 hour per department.

Task 2: Develop Staff Time Allocations
RCS will interview personnel providing end-user services to ensure that costs from all functional areas directly involved with a service are included in the cost of that service. This component will form the bulk of the time spent by staff. There will be two to four meetings with supervisory level staff in each functional area to create and verify the amount of time spent by staff on the services identified in the task above.

Total time commitment per department varies from 2-10 hours, through a series of working meetings.

We do not ask City staff to do our job by filling out forms detailing how they spend their time. This interactive process, and the fact that we allocate 100% of all departmental staff, ensures that the information being generated is valid and reliable.

A sample Time Detail Report is included in this proposal.

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 199 of 259 Proposal for Comprehensive User Fee Study

Task 3: Develop Fully Allocated Hourly Rates
RCS will develop a fully allocated hourly rate for each departmental employee, including salaries and benefits, miscellaneous operating services and supply costs, citywide overhead and departmental overhead. This fully burdened rate is needed to calculate the full cost of each fee service.

Task 4: Calculate Fee Cost Recovery
All the information from tasks 1-3 above are entered into our costing software and calculated. The calculation will present us with the current fee for each service, the full cost for each service, and the subsidy level that the City is absorbing. Since we gathered the number of times the fee service occurs per year, we can identify the peritem as well as per-year fiscal impact.

Task 5: Prepare Draft Report
RCS will prepare a Draft Report that identifies the total costs for each service, along with current fees, and makes fee recommendations for each service presented as well potential new fees for services the City provides but does not charge for. Service costs will be compared with existing recovery levels. RCS will review this report with the departments so that each will have input on the fees presented in the Final Report.

City staff time would be approximately 1-2 hours per department for those departments that have fee services.

With the draft report, RCS will present and discuss fee related affordable housing and sustainable environmental practices.

Task 6: Prepare Final Report
Based on staff input, RCS will prepare a Final Report, which will have recommendations for new fees, subsidy percentages and revenue projections from those fees. The Report will include text and summary tables that will clearly explain the results and the context. All recommended fees will comply with Propositions 4, 218, 26 and any other applicable laws.

Hardcopies and editable electronic copies will be provided to the City. All documents developed during the Study will be provided, including the final comprehensive review, final report along with associated models, tables, graphs, related schedules, cost documentation as well as all related supporting documents, including records and professional time spent. RCS will consult with staff as needed to defend the fee study in the event of audits or other challenges.

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 200 of 259 Proposal for Comprehensive User Fee Study

Task 7: Present Report to the City Council
RCS will assist City staff and the City Council in the review and adoption of revised user fees and subsidy percentages. RCS will assist City staff in the implementation of the revised user fees.

PROJECT TIMELINE
RCS is available to begin work in July, and will present the Final Report to the City Council in November 2022. In the first three months of the fee study, RCS will coordinate 30-120 minute meetings with staff once every two to three weeks. The total time commitment for each staff member will be 2-10 hours, depending on the staff person’s role at the City, and how many user fees are within their department.

This schedule, of course, will require the cooperative participation of City staff. We will be having meeting with staff every two to three weeks and providing them with updates.

ONSITE MEETINGS AND VIDEO CONFERENCING MEETINGS
RCS plans to be onsite at the City for the project kick-off meeting and all working meetings occurring the same day. RCS Partner(s) will also be present at all public meetings involving the City Council.

Project Timeline Jul
2022
Aug
2022
Sep
2022
Oct
2022
Nov
2022
Obtain Budget & Personnel Data
Project Kick-Off
Cost Allocation Plan
Review of Central Services/Time
Develop Allocation Factors
Initial Calculation Review
Prepare Final Cost Allocation Plan
User Fee Study
Review Service List
Develop Staff Time Allocations
Develop Fully Alloc Hourly Rates
Calculate Fee Cost Recovery
Prepare & Review Draft Report
Produce and Deliver Final Report
Public Outreach and Hearing
Council Meeting & Public Hearing
MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 201 of 259 Proposal for Comprehensive User Fee Study

RCS will utilize our Zoom account, or any video conferencing platform of the City’s choosing, to facilitate all other working meetings. Our experience has determined that the use of video conferencing is more flexible in scheduling meetings, permitting City staff to quickly access reports and files on their computers, and allowing everyone to view and discuss the same documents at the same time.

CLIENT INPUT
RCS will make every effort to advise, seek input from and, in general, explain the work as it is being performed. For a project to be completed successfully, we depend on dedicated and engaged staff participation. Most of the staff participation is to attend working meetings with RCS. There will be no “homework” to be completed and returned to us.

The City should also designate a Project Coordinator for the fee study who will:
1) Identify key City staff and coordinate the kick-off meeting(s) 2) Assist in obtaining requested information
3) Coordinate the review of draft reports, and
4) Provide project direction if needed

THE RIGHT SOFTWARE
In 2000, RCS developed and began using a Windows-based software that is user-friendly and does more than what spreadsheets can do. It includes a logical, easy-to-use interface and produces easy-to-understand reports. This Costing Software, based on an easily downloadable 14mb package, will allow the City to continuously update the Cost Allocation and User Fee Studies, as well as input hypothetical services to calculate the estimated costs of providing new services without the worry of incorrect formulas inherent in Excel-based systems. In addition, we are no longer impacted by Microsoft’s upgrades and security patches, which frequently broke Excel formulas and macros, making it challenging for RCS to support our clients, who are all using different versions of office suite software.

SAMPLE REPORTS
Please see the following examples of reports produced within our software. These reports cannot be easily created with spreadsheets and word processing software. RCS reports are detailed and easily understood. The amount of details presented in RCS reports facilitate future fee updates, and makes the fees easier to defend.

In the examples in the following pages, we highlighted some data points to show how information can easily be traced through our reports. All the data within our software can be exported to Excel for analysis and reporting by the City. Our full reports are comprehensive and several hundreds of pages long. We would be happy to email you copies if requested.

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 202 of 259 Proposal for Comprehensive User Fee Study

SAMPLE – FEE SERVICE SUMMARY WORKSHEET
MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 203 of 259 Proposal for Comprehensive User Fee Study

SAMPLE – FEE SERVICE DETAIL WORKSHEET
MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 204 of 259 Proposal for Comprehensive User Fee Study

SAMPLE – FULLY ALLOCATED HOURLY RATE DETAIL REPORT
MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 205 of 259 Proposal for Comprehensive User Fee Study

FIRM INFORMATION/ORGANIZATION

ABOUT RCS
RCS (Taxpayer ID No. 330787781) was founded in 1980
by two former City Managers and a Finance Director who, after the passage of Propositions 13 and 4, discovered that user fees were a legal option to recover lost municipal revenues. Forty-one years later, Revenue & Cost Specialists continues its focus on cost allocation and user fee calculation services.

After the passage of AB 1600 in 1988, our company added impact fee calculation services to help municipalities finance public facility expansion. In those early years, RCS principals published articles and presented at conferences on how user fees and impact fees worked.

By the mid-1990s, RCS was a company with 25 employees, yet we were not happy with the business model. We strategically downsized, and the remaining four principals focused on service delivery, no longer worrying about revenue growth or competing market shares.

Now, RCS principals commit resources to client satisfaction and long-term relationships. To this day, RCS continues to thrive through repeat business, referrals and references. As a small business, RCS takes only a handful of new clients each year, allowing us to spend substantial time with them.

In 2000, RCS created Government Software Systems to develop robust costing software that serves fee calculation needs better than spreadsheets. Our company has provided additional services to municipalities that include long-range financial planning, accounting procedures and utility rate studies.

For 2022, RCS is celebrating our 42P
ndP year in business and looking forward to another 40
plus years of partnering with municipalities.

COMPANY QUALIFICATIONS AND EXPERIENCE
RCS’ four principals make up the Limited Liability Company, which has been financially stable since the company started. Combined, RCS principals have over 100 years of experience in cost allocation plans and fee studies and served over 250 municipalities. We have provided these services to a wide array of public agencies, from the smallest special district to larger and more complex cities and counties. Though based in Orange County, we engage in projects throughout the State of California.

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 206 of 259 Proposal for Comprehensive User Fee Study

RCS principals specialize in:
• User Fee Studies
• Cost Allocation Plans
• Development Impact Fee Studies
• Special studies and reports supporting municipal financing management These specializations allow RCS to focus on every aspect of municipal fees and be the best of what we do. We are confident in our project time estimates and do not respond to RFPs when the project workload would exceed our capacity. We have suggested new fees that are not common practice throughout the state and have challenged and removed municipal fees that were not defensible. We have assisted municipalities in streamlining their fee-based processes.

All RCS principals have prior city experience, serving as analysts, managers or directors. We are all knowledgeable in fund accounting, department structures and municipal services. We stay current on pending financial and legal issues that challenge municipalities. All principals are comfortable speaking with city staff at all levels, drafting reports and resolutions, and presenting to the public, stakeholders and City Council members.

RCS principals perform all studies in a professional and expedient manner and do not rely on junior staff to perform these vital tasks with our clients. We also don’t rely on status memos because we will be at City Hall quite often to tell you in person how the project is going.

Eric Johnson, President, has streamlined and perfected the process of CAP and User Fee Study engagements. With over 30 years and hundreds of studies completed, Eric has created a superior process that demands little of city staff time while obtaining maximum results.

Eric quickly understands complex city services and how to calculate fees for them. He relates well with elected officials because he responds with candor and brevity. If you speak to any of Eric’s prior or current clients, they will tell you how easy the process was.

Chu Thai, Vice President, joined RCS after 22 years of municipal experience. As a budget manager and finance director, Chu has successfully coordinated user fee increases, impact fee increases, utility rate increases and tax ballot measures. His experience helps clients avoid the unseen perils that jeopardize municipal projects. After project completion, Chu leaves behind well-documented reports and spreadsheets for City staff. The focus of his career has been to improve cities’ financial stability and implement operational effectiveness and efficiencies in local government.

Scott Thorpe, Senior Vice President, joined RCS in 1985. Before that, he spent 13 years at the cities of Chula Vista, Covina, Anaheim and Brea, serving in various roles within the city manager’s offices. Scott performed user fee studies for several years, transitioning to development impact fees when AB 1600 went into effect. He has written articles laying out the fundamentals of impact fees, and his work has generated tens of millions in fee revenues for cities.

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 207 of 259 Proposal for Comprehensive User Fee Study

Rick Kermer, Partner, was one of the founders of RCS. Rick used his CPA and audit experience to build cost allocation and user fee spreadsheets and software that passes rigorous analysis and reporting accounting standards. Rick’s work is the foundation of all the fee study work offered today. He is now semi-retired, taking only a handful of projects each year.

MONTCLAIR PROJECT TEAM
While all RCS principals have worked independently on projects, Eric Johnson and Chu Thai would both be involved with the City of Montclair. Eric will be the Project Manager and primary contact. Chu will work behind the scenes, compiling and analyzing the data.

RCS assigns two principals for several reasons. Often, both principals will attend the public hearing because two are better than one when communicating with policy makers and stakeholders. Two principals allow us to internally discuss high-level issues affecting the Montclair project. Most important to RCS, we want our principals to build long-term relationships with all our clients.

RCS may assign additional specialists to the project to help maintain the proposed schedule and ensure the quality of the product. For the sake of continuity, only RCS principals will interact with City staff, as our specialization and expertise will allow staff to focus on other City functions. We thoroughly understand and will be involved in every phase of the fee study, advising City staff when necessary.

RCS resumes for the project team are included in this proposal on the following pages.

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 208 of 259 Proposal for Comprehensive User Fee Study

EDUCATION
Bachelor of Arts in Political
Science - University of
Redlands

AFFILIATIONS
California Society of
Municipal Finance Officers
Government Finance Officers
Association
Eric S. Johnson
President
Mr. Johnson serves as President of Revenue & Cost Specialists with over 30 years of professional knowledge in cost recovery model and user fee studies. He focuses on providing a positive experience for RCS clients, which minimizes staff interruptions yet still produces a comprehensive, defensible study that is adopted by the governing board.

Municipal Experience
City of Redlands – Redevelopment Intern (1987-1989)
Relevant Project Experience
City of Long Beach – Comprehensive Fee Study: Mr. Johnson is performing a three-year comprehensive update of Long Beach’s fees starting in 2019. The first phase of the project was approved by the City Council in 2021.

City of Santa Clarita – Cost recovery model and
Comprehensive Fee Study: Mr. Johnson developed a Cost
Allocation Plan and Comprehensive Fee Study for the City most recently in 2017 and also annually updates the Cost Allocation Plan. RCS has been providing these services for the City since 1995.

City of Lancaster – Cost recovery model and
Comprehensive Fee Study: Mr. Johnson developed a Cost
Allocation Plan and Comprehensive Fee Study for the City most recently in 2019 and also annually updates the Cost Allocation Plan. RCS has been providing these services for the City since 2006.

City of El Segundo – Cost recovery model and
Comprehensive Fee Study: Mr. Johnson developed a Cost
Allocation Plan and Comprehensive Fee Study for the City most recently in 2018 and also annually updates the Cost Allocation Plan. RCS has been providing these services for the City since 2008.

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 209 of 259 Proposal for Comprehensive User Fee Study

EDUCATION
Claremont Graduate
University – Completed
coursework towards
Masters in Public Policy
Cal State Northridge – MA
Public Administration
Cal Poly, Pomona – BS in
Urban and Regional
Planning

AFFILIATIONS
California Society of
Municipal Finance
Officers (CSMFO – Board
Member)
Government Finance
Officers Association
(GFOA)
International
City/County Management
Association (ICMA)
(Cal-ICMA)
Municipal Information
Systems Association of
California (MISAC)
Chu Thai
Vice-President
Mr. Thai provides multiple aspects to the implementation of user fees, impact fees and utility rates. His experience as a municipal finance officer helps clients reach their goal of fee adoption. Chu keeps current of all legal policies which impact the noticing, calculation and reporting of fees.

Municipal Experience
Impact Fees: Cities of Morgan Hill and Monterey Park
Utility Rates: Cities of Morgan Hill, Beverly Hills, South Pasadena and Monterey Park
User Fees: Cities of Claremont, Morgan Hill, Beverly Hills, South Pasadena and Monterey Park
Director of Management Services, City of Monterey Park, CA
• Managed department of 15 to provide financial
planning and reporting, revenue collections, treasury,
information technology, telecommunication and
support services
• Improved city's revenues through updated user fees,
utility rates, and impact fees
• Conducted long-term financial forecasting and analysis • Streamlined and enforced purchasing process
Administrative Services Director, City of Eastvale, CA
• Managed department providing general accounting,
accounts payable, purchasing, payroll, business tax,
treasury, IT and communication services
• Updated the City's Investment Policy and strategy
• Developed long-term revenue strategy
• Performed communications audit and reduced
expenses by 75%
Finance Director, City of South Pasadena, CA
• Outsourced utility billing and customer service
• Completed $43.4 Million Water Bond Issuance and $12
Million Refunding
• Coordinated the passage of Utility Users Tax Ballot
Measure
• Negotiated lease agreements for city property and cell towers
MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 210 of 259 Proposal for Comprehensive User Fee Study

Chu Thai
Vice-President
Municipal Experience (continued)
Budget and Management Officer, City of Beverly Hills, CA • Managed $400 million citywide budget for 750 fulltime employees • Developed comprehensive capital improvement
program
• Developed quarterly performance report presented to
the City Council
• Implemented performance-based budget, including
goals and objectives
• Updated the city's user fees and utility rates
Budget Manager, City of Morgan Hill, CA
• Managed utility billing, purchasing, business license and accounts receivable functions
• Coordinated IT overhaul, including finance, utility
billing and recreation software conversions,
standardization, training, disaster recovery and
outsourcing.
• Developed pro-formas for proposed aquatics and
community centers
• Updated the city's impact fees, user fees and utility rates
Senior Management Analyst, City of Tustin, CA
• Coordinated the City’s $80 million operating and CIP
budget with all departments
• Managed finance software upgrade, focusing on
departmental reports
• Deployed online payment system for utility customers
Management Analyst, City of Claremont, CA
• Assisted in the development of effective parks and
recreation programs
• Assisted in the construction and programming of the
Claremont Youth Activity Center, Claremont Skate
Park and Hughes Community Center
• Coordinated budget and evaluated cost recovery for
the department
MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 211 of 259 Proposal for Comprehensive User Fee Study

REFERENCES
We encourage you to contact our references. We have also included a comprehensive list of clients and projects through the years.

Jurisdiction Contact Title
City of Farmersville Steve Huntley
(559) 747-0458
Finance Director
35Tshuntley@cityoffarmersvilleca.gov35T
RCS was selected in September 2020 to update the City’s Cost Allocation Plan, User Fees and Impact Fees. The User Fees have been adopted by the City Council, and Impact Fees will be presented in November 2021.

City of Santa Maria Mary Harvey
(805) 925-0951
Finance Director
[email protected]
RCS was selected in 2019 to update the City’s Comprehensive User Fee Schedule. In 2022, RCS was selected to update the City’s Cost Allocation Plan, and provide annual user fee/cost allocation plan updates for the next 3-5 years
City of El Segundo Joseph Lillio
(310) 524-2315
Interim City Manager
[email protected]
RCS completed a Cost Allocation Plan and Comprehensive Fee Study for the City in 2018.

The City Council adopted changes to its fee schedule, including Building fees. RCS is currently contracted to evaluate their Aquatics program and revenue collections procedures.

City of Long Beach Geraldine Alejo
(562) 570-5478
Revenue Management Officer
[email protected]
RCS was selected in 2019 to perform a three-year comprehensive update of Long Beach’s 2,850 fees, fines and permits.

City of Santa Clarita Carmen Magana
(661) 255-4997
Admin Services Director
[email protected]
RCS developed a Cost Allocation Plan and Comprehensive Fee Study for the City most recently in 2014 and also annually updates the Cost Allocation Plan. RCS has been providing these services for the City since 1995.

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CLIENTS SERVED

USER FEE STUDY/COST

ALLOCATION PLAN
Carpentaria-Summerland Fire
District
Chino Valley Independent Fire
District
City of Alhambra
City of Antioch
City of Arcadia
City of Atascadero
City of Azusa
City of Banning
City of Barstow
City of Bend, OR
City of Beverly Hills
City of Big Bear Lake
City of Brea
City of Buena Park
City of Carlsbad
City of Carmel-by-the-Sea
City of Carpentaria
City of Carson
City of Ceres
City of Chino
City of Claremont
City of Coachella
City of Concord
City of Corona
City of Cotati
City of Cudahy
City of Desert Hot Springs
City of Diamond Bar
City of Dinuba
City of Dublin, Ohio
City of El Cajon
City of El Segundo
City of Elk Grove
City of Eureka
City of Folsom
City of Fontana
City of Foster City
City of Fountain Valley
City of Fullerton
City of Glendale
City of Glendora
City of Goodyear, Arizona
City of Hemet
City of Hermosa Beach
City of Hesperia
City of Highland
City of Huntington Beach
City of Kennewick, WA
City of La Canada-Flintridge
City of La Habra Heights
City of La Mirada

USER FEE STUDY/COST
ALLOCATION PLAN (continued)
City of La Palma
City of La Puente
City of Lake Elsinore
City of Lake Forest
City of Lakewood
City of Lancaster
City of Lathrop
City of Lawndale
City of Lemoore
City of Lincoln
City of Lindsay
City of Loma Linda
City of Long Beach
City of Los Altos
City of Lynwood
City of Mammoth Lakes
City of Manhattan Beach
City of Marina
City of Menifee
City of Merced
City of Milpitas
City of Monrovia
City of Monterey
City of Moreno Valley
City of Morgan Hill
City of Morro Bay
City of Needles
City of Norwalk
City of Oakdale
City of Oceanside
City of Ontario
City of Oroville
City of Oxnard
City of Palm Desert
City of Palm Springs
City of Palmdale
City of Pasadena
City of Peoria, AZ
City of Pico Rivera
City of Pismo Beach
City of Pittsburg
City of Pomona
City of Port Hueneme
City of Porterville
City of Rancho Cucamonga
City of Rancho Palos Verdes
City of Red Bluff
City of Redlands
City of Rialto
City of Richmond
City of Ridgecrest
City of Riverside
City of Rocklin

USER FEE STUDY/COST
ALLOCATION PLAN (continued)
City of Salinas
City of San Clemente
City of San Gabriel
City of San Juan Capistrano
City of San Marino
City of San Rafael
City of Sanger
City of Santa Clarita
City of Santa Monica
City of Santa Paula
City of Scotts Valley
City of Seal Beach
City of Seaside
City of Selma
City of Shafter
City of Sierra Madre
City of Simi Valley
City of Solana Beach
City of South Gate
City of South Lake Tahoe
City of South Pasadena
City of Springville, UT
City of Stockton
City of Suisun City
City of Taft
City of Thousand Oaks
City of Tracy
City of Tulare
City of Turlock
City of Upland
City of Villa Park
City of Vista
City of West Covina
City of West Jordan, UT
City of Westminster
City of Yuba City
City or Rancho Mirage
Coachella Valley Assoc of Gov’t
Contra Costa County
County of Cobb, GA
County of Contra Costa
County of San Bernardino
County of Tulare
Imperial County
Oceanside Harbor District
Orange County Fire Authority
Orange County Vector Control
District
Placer County Water Agency
Riverside County Transport.

Comm.

San Bernardino Assoc. Gov’t
South Jordan City, UT
MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 213 of 259 Proposal for Comprehensive User Fee Study

USER FEE STUDY/COST
ALLOCATION PLAN (continued)
Town of Apple Valley
Town of Los Gatos
Town of Mammoth Lakes
Town of Truckee
Ventura County Fire District

IMPACT FEE STUDY
Antelope Valley Fire District
Apple Valley Fire District
Barstow Fire District
Bridgeport Fire District
Brigham City Corporation, UT
Carpentaria-Summerland Fire
District
Chalfant Public Services (Fire)
Protection District
City of Alhambra
City of Anaheim
City of Atascadero
City of Baldwin Park
City of Barstow
City of Big Bear Lake
City of Calimesa
City of Chino
City of Coachella
City of Colton
City of Corona
City of Desert Hot Springs
City of Folsom
City of Gilroy
City of Glendale
City of Gonzales
City of Grand Terrace
City of Greenfield
City of Hemet
City of Highland
City of Huntington Beach
City of Jurupa Valley
City of King City
City of Laguna Hills
City of Lemoore
City of Loma Linda
City of Menifee
City of Monterey Park
City of Morgan Hill
City of Murrieta
City of Needles
City of Newport Beach
City of North Ogden, UT
City of Oceanside
City of Ontario
City of Orange
City of Oroville
City of Paso Robles
City of Petaluma
City of Pismo Beach
IMPACT FEE STUDY (continued)
City of Rancho Cordova
City of Reedley
City of Rialto
City of Riverside
City of San Bernardino
City of Santa Paula
City of Scotts Valley
City of Sedona, AZ
City of Selma
City of Sierra Madre
City of Thousand Oaks
City of Tracy
City of Tulare
City of Wheatland
City of Whittier
County of Monterey Sheriff’s
Department
County of San Bernardino
Feather River Recreation and
Park District
June Lake Fire District
Lake Havasu City, AZ
Long Valley Fire District
North Central Fire District
SANBAG
South Jordan City, UT
South Ogden City, UT
Town of Apple Valley
Town of Mammoth Lakes
Town of Paradise
Town of Truckee
Washington Terrace City, UT
West Jordan City, UT
Wheeler Crest Fire District

MISCELLANEOUS PROJECTS
Brigham City Corporation, UT –
Closed Indian School Use
Conversion
City of Azusa – Plan
Check/Inspection Process
Review
City of Beverly Hills – Rent
Stabilization Fee
City of Colton – Electric Utilities
Collection Procedural Manual
City of Corona – Communications
Repeater Cost Financing
City of Corona – Interstate 15
Area Public Safety Facility
Financing
City of Fontana – General &
Departmental Overhead Plan
City of Garden Grove - Internal
Service Fund Balance Study
City of Hemet – Supplemental DIF,
Public Peril Report

MISCELLANEOUS PROJECTS
(continued)
City of Los Altos – Existing DIF
Review
City of Milpitas – Business License
Ordinance Review
City of Needles – Development
Agreement Assistance
City of Pico Rivera – Business
License Ordinance Review
City of Port Hueneme – Revenue
Search Report
City of Redlands – Street
Sweeping Rate Study
City of San Bernardino –
Verdemont Area Financing
Analysis
City of San Clemente – Business
License Review
City of Santa Paula – General Plan
Element
City of Seaside – Hayes Housing
Development Service Demands
City of South Lake Tahoe –
Transfer of Custody Cost
Verification
City of Westminster –
Productivity Measurement
Module
Lake Havasu City, AZ – Capital
Financing Plan
Los Angeles Fire/Police
Retirement System – Fiscal
Review
San Bernardino County – Special
District Office Finance Review
South Jordan City, UT – Business
Regulation Costing
Town of Windsor – Long Range
Capital Financing Plan
MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 214 of 259 Proposal for Comprehensive User Fee Study

COST PROPOSAL
Revenue & Cost Specialists proposes the following project costs, with a NOT TO EXCEED AMOUNT OF $42,900.

Task Milestones/Deliverables Hours Total Cost
Preparation & Kick-Off
Prepare City Data Schedule of Positions and Budget 16 2,640 Kick-Off Meeting Informational Meeting 4 660
Cost Allocation Plan
Review Central Services/Times List of Central Services 8 1,320 Develop Allocation Factors Index of Allocation Factors 24 3,960 Initial Calculation Review Draft Cost Allocation Plan 8 1,320 Prepare Final Cost Allocation Plan Final Cost Allocation Plan 8 1,320 User Fee Study
Review Service List Preliminary Service List 16 2,640
Develop Staff Time Allocations Time Detail Reports 60 9,900 Develop Fully Alloc Hourly Rates Fully Alloc. Hourly Rate Reports 16 2,640 Calculate Fee Cost Recovery Fee Summary Sheets 60 9,900 Prepare & Review Draft Report Draft Fee Study Report 16 2,640 Produce & Deliver Final Report Final Report 8 1,320
Public Outreach and Hearing
Council Meeting & Public Hearing 2 Meetings 16 2,640
TOTAL PROJECT COST 260 $42,900
The above proposal is based on a cost of $165 per hour. The billing rate for any additional work not covered by this proposal would be $195 per hour.

Our proposal covers all costs except for the following additional costs that the City may incur:
• Insurance coverage beyond our basic general liability and workers compensation requiring an additional premium. RCS standard coverage includes workers compensation pursuant to state law, comprehensive liability Insurance with a combined single limit coverage of $2,000,000 and professional liability insurance with a combined coverage of $2,000,000.
• Meeting attendance beyond those identified in this proposal. • Printing of reports beyond those stated in the RFP.

RCS will submit four equal invoices plus any miscellaneous costs from the previous paragraph. The first invoice will be submitted ten days after notice to proceed. Each invoice will be due within 30 days of submission.

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 215 of 259

CITY COUNCIL

AGENDA REPORT
DATE: JULY 18, 2022
SECTION: CONSENT - RESOLUTIONS
ITEM NO.: 1
FILE I.D.: STB300–17
DEPT.: CITY MGR.

PREPARER: C. GRAVES
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 22–3368 AUTHORIZING PLACEMENT

OF LIENS ON CERTAIN PROPERTIES FOR DELINQUENT SEWER AND TRASH CHARGES REASON FOR CONSIDERATION: Staff has identified 186 sewer and trash accounts in the odd–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 $61,833.01, plus $3,720.00 for release of lien fees, plus $9,300.00 in lien fees, for a total of $74,853.01.

RECOMMENDATION: Staff recommends the City Council adopt Resolution No. 22–3368 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 – 07/18/2022 Page 216 of 259 Resolution No. 22–3368 Page 1 of 1
RESOLUTION NO. 22–3368

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 186 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 June 9, 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, July 18, 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 – July 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. 22–3368 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 – 07/18/2022 Page 217 of 259 Exhibit A to Resolution No. 22–3368
Report of Delinquent Civil Debts – July 2022

Street No. Street Account Type Delinquency Release of
Lien Fee Lien Fee Total Lien Amount
4334 Alamitos Street Residential 296.85 20.00 50.00 366.85 5356 Alamitos Street Residential 298.45 20.00 50.00 368.45 5366 Alamitos Street Residential 411.70 20.00 50.00 481.70 5606 Alamitos Street Residential 278.37 20.00 50.00 348.37 5634 Alamitos Street Residential 395.81 20.00 50.00 465.81 4667 Allesandro Street Residential 298.47 20.00 50.00 368.47 9757 Amherst Avenue Residential 298.04 20.00 50.00 368.04 9910 Amherst Avenue Residential 298.47 20.00 50.00 368.47 10065 Amherst Avenue Residential 301.17 20.00 50.00 371.17 5363 Arrow Hwy Commercial 546.45 20.00 50.00 616.45
5189 Aspen Drive Residential 258.22 20.00 50.00 328.22
9910 Bel Air Avenue Residential 641.66 20.00 50.00 711.66 9950 Bel Air Avenue Residential 298.26 20.00 50.00 368.26 10036 Bel Air Avenue Residential 319.63 20.00 50.00 389.63 10045 Bel Air Avenue Residential 284.71 20.00 50.00 354.71 10087 Bel Air Avenue Residential 224.69 20.00 50.00 294.69 4460 Benito Street Residential 298.47 20.00 50.00 368.47 4824 Benito Street Residential 230.91 20.00 50.00 300.91 4959 Benito Street Residential 254.36 20.00 50.00 324.36 5233 Benito Street Senior 267.92 20.00 50.00 337.92
5429 Benito Street Residential 298.47 20.00 50.00 368.47 5554 Benito Street Residential 241.04 20.00 50.00 311.04 5568 Benito Street Residential 432.72 20.00 50.00 502.72 5598 Benito Street Residential 327.99 20.00 50.00 397.99 9384 Benson Avenue Residential 231.70 20.00 50.00 301.70 9590 Benson Avenue Residential 436.55 20.00 50.00 506.55 10034 Benson Avenue Residential 329.51 20.00 50.00 399.51 4266 Berkeley Street Residential 291.69 20.00 50.00 361.69 4843 Berkeley Street Residential 303.85 20.00 50.00 373.85 5382 Berkeley Street Residential 298.47 20.00 50.00 368.47 5392 Berkeley Street Residential 298.26 20.00 50.00 368.26 9576 Bolton Avenue Senior 282.66 20.00 50.00 352.66
9598 Bolton Avenue Residential 298.47 20.00 50.00 368.47 4541 Bonnie Brae Street Residential 298.47 20.00 50.00 368.47 5522 Bonnie Brae Street Senior 316.94 20.00 50.00 386.94 5065 Brooks Street Commercial 1,562.26 20.00 50.00 1,632.26 5178 Brooks Street Commercial 394.67 20.00 50.00 464.67 5560 Brooks Street Commercial 376.34 20.00 50.00 446.34 4392 Brooks Street #B Commercial 366.72 20.00 50.00 436.72 9851 Camarena Avenue Residential 298.46 20.00 50.00 368.46 4443 Cambridge Street Residential 503.83 20.00 50.00 573.83 4853 Cambridge Street Residential 307.49 20.00 50.00 377.49 5438 Cambridge Street Residential 218.48 20.00 50.00 288.48 5448 Cambridge Street Residential 298.35 20.00 50.00 368.35 5470 Cambridge Street Residential 307.49 20.00 50.00 377.49 5471 Cambridge Street Residential 298.47 20.00 50.00 368.47 5591 Cambridge Street Residential 384.33 20.00 50.00 454.33 MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 218 of 259 Exhibit A to Resolution No. 22–3368
Report of Delinquent Civil Debts – July 2022

Street No. Street Account Type Delinquency Release of
Lien Fee Lien Fee Total Lien Amount
9151 Camulos Avenue Residential 315.62 20.00 50.00 385.62 9163 Camulos Avenue Residential 412.69 20.00 50.00 482.69 9243 Camulos Avenue Residential 298.47 20.00 50.00 368.47 9426 Camulos Avenue Residential 307.49 20.00 50.00 377.49 9433 Camulos Avenue Residential 261.83 20.00 50.00 331.83 9511 Camulos Avenue Residential 328.26 20.00 50.00 398.26 9787 Camulos Avenue Senior 299.51 20.00 50.00 369.51
9877 Camulos Avenue Residential 328.26 20.00 50.00 398.26 10060 Camulos Avenue Residential 412.69 20.00 50.00 482.69 10153 Camulos Avenue Residential 221.85 20.00 50.00 291.85 5665 Caroline Street Residential 296.87 20.00 50.00 366.87 5666 Caroline Street Residential 307.49 20.00 50.00 377.49 9528 Carrillo Avenue Senior 267.49 20.00 50.00 337.49
9845 Central Avenue Residential 297.83 20.00 50.00 367.83 9855 Central Avenue Residential 298.54 20.00 50.00 368.54 9795 Coalinga Avenue Residential 298.47 20.00 50.00 368.47 9824 Coalinga Avenue Senior 263.06 20.00 50.00 333.06
9875 Coalinga Avenue Residential 212.69 20.00 50.00 282.69 4325 Denver Street Residential 261.83 20.00 50.00 331.83 4405 Denver Street Residential 328.10 20.00 50.00 398.10 4456 Denver Street Residential 267.51 20.00 50.00 337.51 4875 Denver Street Residential 261.83 20.00 50.00 331.83 4986 Denver Street Residential 412.69 20.00 50.00 482.69 5427 Denver Street Residential 295.87 20.00 50.00 365.87 5579 Denver Street Residential 627.84 20.00 50.00 697.84 5616 Denver Street Residential 298.47 20.00 50.00 368.47 5626 Denver Street Residential 330.86 20.00 50.00 400.86 5552 Deodar Street Residential 200.06 20.00 50.00 270.06 5562 Deodar Street Residential 287.95 20.00 50.00 357.95 5168 El Morado Street Residential 345.12 20.00 50.00 415.12 5429 El Morado Street Residential 298.45 20.00 50.00 368.45 9410 Felipe Avenue Residential 295.71 20.00 50.00 365.71 9793 Felipe Avenue Senior 262.24 20.00 50.00 332.24
9020 Fremont Avenue Senior 299.12 20.00 50.00 369.12
9070 Fremont Avenue Residential 261.83 20.00 50.00 331.83 9567 Fremont Avenue Residential 328.26 20.00 50.00 398.26 9823 Fremont Avenue Residential 298.44 20.00 50.00 368.44 9847 Fremont Avenue Residential 304.97 20.00 50.00 374.97 10037 Fremont Avenue Residential 303.00 20.00 50.00 373.00 10082 Fremont Avenue Residential 412.69 20.00 50.00 482.69 9771 Galena Avenue Residential 513.57 20.00 50.00 583.57 9985 Geneva Avenue Residential 298.33 20.00 50.00 368.33 4328 Granada Street Residential 298.47 20.00 50.00 368.47 4436 Granada Street Residential 481.27 20.00 50.00 551.27 4948 Granada Street Residential 413.93 20.00 50.00 483.93 9627 Greenwood Avenue Residential 294.26 20.00 50.00 364.26 9793 Greenwood Avenue Residential 288.91 20.00 50.00 358.91 MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 219 of 259 Exhibit A to Resolution No. 22–3368
Report of Delinquent Civil Debts – July 2022

Street No. Street Account Type Delinquency Release of
Lien Fee Lien Fee Total Lien Amount
4376 Harvard Street Residential 297.96 20.00 50.00 367.96 4418 Harvard Street Residential 298.41 20.00 50.00 368.41 4430 Harvard Street Residential 307.49 20.00 50.00 377.49 5141-43 Harvard Street Multifamily 591.23 20.00 50.00 661.23 4568 Hawthorne Street Residential 306.81 20.00 50.00 376.81 9075 Helena Avenue Residential 356.43 20.00 50.00 426.43 9587 Helena Avenue Residential 258.12 20.00 50.00 328.12 4611 Highland Street Senior 267.56 20.00 50.00 337.56
5190 Howard Street A & B Commercial 663.05 20.00 50.00 733.05 4585 James Street Residential 328.16 20.00 50.00 398.16 9844 Kimberly Avenue Residential 297.59 20.00 50.00 367.59 5611 La Deney Street Residential 257.08 20.00 50.00 327.08 9034 Lindero Avenue Residential 412.69 20.00 50.00 482.69 9958 Lindero Avenue Residential 307.49 20.00 50.00 377.49 9527 Marion Avenue Residential 298.47 20.00 50.00 368.47 9528 Marion Avenue Residential 412.69 20.00 50.00 482.69 9547 Marion Avenue Residential 298.29 20.00 50.00 368.29 9595 Mills Avenue Residential 327.81 20.00 50.00 397.81 9745 Mills Avenue Residential 280.95 20.00 50.00 350.95 4564 Mission Blvd Commercial 201.91 20.00 50.00 271.91
4564 Mission Blvd Commercial 201.91 20.00 50.00 271.91
5092 Moreno Street Residential 221.65 20.00 50.00 291.65 5616 Moreno Street Residential 308.30 20.00 50.00 378.30 4613 Olive Street Residential 291.17 20.00 50.00 361.17 4644 Olive Street Residential 342.04 20.00 50.00 412.04 4683 Olive Street Residential 261.83 20.00 50.00 331.83 4183 Orchard Street Residential 377.27 20.00 50.00 447.27 4437 Orchard Street Residential 143.63 20.00 50.00 213.63 4779 Orchard Street Senior 264.57 20.00 50.00 334.57
5032 Orchard Street Residential 401.32 20.00 50.00 471.32 5596 Orchard Street Residential 336.77 20.00 50.00 406.77 5640 Orchard Street Residential 475.37 20.00 50.00 545.37 5690 Orchard Street Residential 298.47 20.00 50.00 368.47 4338-40 Orchard Street Multifamily 423.07 20.00 50.00 493.07 5414 Palo Verde Street Residential 261.83 20.00 50.00 331.83 9585 Poulsen Avenue Residential 262.69 20.00 50.00 332.69 9633 Poulsen Avenue Residential 342.76 20.00 50.00 412.76 9925 Poulsen Avenue Residential 298.38 20.00 50.00 368.38 9935 Poulsen Avenue Residential 338.17 20.00 50.00 408.17 9375 Pradera Avenue Residential 1,319.65 20.00 50.00 1,389.65 10074 Pradera Avenue Residential 343.04 20.00 50.00 413.04 4426 Princeton Street Residential 427.76 20.00 50.00 497.76 4467 Princeton Street Residential 307.49 20.00 50.00 377.49 9060 Ramona Avenue Residential 290.63 20.00 50.00 360.63 9109 Ramona Avenue Residential 215.23 20.00 50.00 285.23 9151 Ramona Avenue Residential 237.97 20.00 50.00 307.97 9175 Ramona Avenue Residential 498.05 20.00 50.00 568.05 MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 220 of 259 Exhibit A to Resolution No. 22–3368
Report of Delinquent Civil Debts – July 2022

Street No. Street Account Type Delinquency Release of
Lien Fee Lien Fee Total Lien Amount
9263 Ramona Avenue Residential 237.79 20.00 50.00 307.79 9529 Ramona Avenue Residential 368.14 20.00 50.00 438.14 9587 Ramona Avenue Residential 307.49 20.00 50.00 377.49 9729 Ramona Avenue Residential 261.83 20.00 50.00 331.83 9801 Ramona Avenue Senior 278.92 20.00 50.00 348.92
9327 Rose Avenue Residential 270.52 20.00 50.00 340.52
9413 Rose Avenue Residential 356.94 20.00 50.00 426.94
9434 Rose Avenue Residential 298.47 20.00 50.00 368.47
9720 Rose Avenue Residential 328.22 20.00 50.00 398.22
9866 Rose Avenue Senior 267.96 20.00 50.00 337.96
9966 Rose Avenue Residential 298.26 20.00 50.00 368.26
4683 Rosewood Street Residential 307.49 20.00 50.00 377.49 5361 Rosewood Street Residential 298.51 20.00 50.00 368.51 5382 Rosewood Street Residential 276.37 20.00 50.00 346.37 11076 Roswell Avenue Residential 317.55 20.00 50.00 387.55 4164 Rudisill Street Residential 297.99 20.00 50.00 367.99 4245 Rudisill Street Residential 292.17 20.00 50.00 362.17 4300 Rudisill Street Residential 443.86 20.00 50.00 513.86 5409 Rudisill Street Residential 301.62 20.00 50.00 371.62 4711 San Bernardino Street Residential 298.47 20.00 50.00 368.47 4749 San Bernardino Street Residential 298.27 20.00 50.00 368.27 4843 San Bernardino Street Residential 330.29 20.00 50.00 400.29 4844 San Bernardino Street Residential 328.06 20.00 50.00 398.06 5129 San Bernardino Street Residential 295.44 20.00 50.00 365.44 5216 San Bernardino Street Residential 293.28 20.00 50.00 363.28 5489 San Bernardino Street Residential 244.98 20.00 50.00 314.98 5422 San Jose Street Residential 328.06 20.00 50.00 398.06 5453 San Jose Street Residential 297.56 20.00 50.00 367.56 4424 San Jose Street #05 Residential 297.24 20.00 50.00 367.24 4424 San Jose Street #10 Residential 301.27 20.00 50.00 371.27 4424 San Jose Street #24 Residential 469.67 20.00 50.00 539.67 4424 San Jose Street #27 Residential 298.47 20.00 50.00 368.47 4424 San Jose Street #35 Residential 260.18 20.00 50.00 330.18 4622 San Jose Street O Residential 323.90 20.00 50.00 393.90 4622 San Jose Street R Residential 352.43 20.00 50.00 422.43 4622 San Jose Street W Residential 320.81 20.00 50.00 390.81 4777 State Street Commercial 316.35 20.00 50.00 386.35
9817 Sun Valley Drive Residential 259.54 20.00 50.00 329.54 5134 Sundance Drive Residential 280.86 20.00 50.00 350.86 9617 Surrey Avenue Residential 298.47 20.00 50.00 368.47 9563 Tudor Avenue Residential 309.55 20.00 50.00 379.55 9773 Tudor Avenue Residential 327.59 20.00 50.00 397.59 9829 Vail Drive Residential 261.83 20.00 50.00 331.83
10027 Vernon Avenue Residential 421.25 20.00 50.00 491.25 5405 Yale Street Residential 440.90 20.00 50.00 510.90
Total: $61,833.01 $3,720.00 $9,300.00 $74,853.01
MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 221 of 259

CITY COUNCIL

AGENDA REPORT
DATE: JULY 18, 2022
SECTION: CONSENT - RESOLUTIONS
ITEM NO.: 2
FILE I.D.: FIN135
DEPT.: CITY MGR.

PREPARER: J. KULBECK
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 22–3370 ADOPTING A GRANT MANAGEMENT POLICY REASON FOR CONSIDERATION: The City does not currently have a Grant Management Policy and has been informed by its external auditors that the City needs to have a policy in place before the next audit. The purpose of a Grant Management Policy is to set forth an overall framework for guiding the City’s application, use, and management of grant resources and to be in compliance with the Office of Management and Budget’s Uniform Guidance.

A copy of proposed Resolution No. 22–3370 and Grant Management Policy are attached for City Council review and consideration.

BACKGROUND: The Office of Management and Budget (OMB) implemented Title 2 U.S.

Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance) for all federal awards, which, among other things, requires the adoption of a Grant Management Policy by entities receiving federal grants. The City is subject to the financial compliance requirements of the Single Audit Act of 1984, which is applicable to all local and state governments expending more than $750,000 in federal financial assistance during a fiscal year. The Single Audit Act of 1984 along with OMB Circular A–133 (“Audits of State, Local Governments, and Non–Profit Organizations”) stipulates the audit requirements to ensure that federal grants have been properly expended.

The Single Audit is an organization–wide audit of the City’s grant funded programs that expend $750,000 or more of Federal assistance. The Single Audit’s objective is to provide assurance to the federal government as to the management and use of such funds by the City. Under the Single Audit Act, federal grants are included under an inclusive single audit program that is incorporated into the City’s annual audit and financial report preparation process. During the audit process, tests are made to determine the adequacy of the internal control structure, including that portion related to federal assistance programs, as well as to determine that the City has complied with applicable laws and regulations.

The proposed Grant Management Policy establishes internal controls and guidelines for the research, application, financial, and reporting administration of all grants awarded to the City of Montclair and assists in providing accurate and complete disclosure of the program reporting and financial results of each grant.

FISCAL IMPACT: Adoption of proposed Resolution No. 22–3370 will have no direct fiscal impact on the City’s General Fund at this time, but will result in the ability to continue applying for and receiving federal grant monies.

RECOMMENDATION: Staff recommends the City Council adopt Resolution No. 22–3370 adopting a Grant Management Policy.

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 222 of 259 Resolution No. 22–3370 Page 1 of 1
RESOLUTION NO. 22–3370

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF MONTCLAIR ADOPTING A

GRANT MANAGEMENT POLICY
WHEREAS, the City Council recognizes that grants are often a vital funding source to provide services or projects that may not otherwise be financially feasible; and WHEREAS, the City is subject to the financial and compliance requirements of the Single Audit Act of 1984, which is applicable to all local and state governments expending more than $750,000 in federal financial assistance during a fiscal year; and WHEREAS, a comprehensive grant policy provide guidelines for managing risk and assisting the City in complying with established public management best practices, while ensuring compliance with federal, state and local laws and reporting requirements; and
WHEREAS, the City Council finds it necessary to adopt a Grant Management Policy to ensure the City’s compliance with the many requirements of various granting agencies.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Montclair hereby adopt the Grant Management Policy attached hereto as Exhibit A.

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. 22–3370 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 – 07/18/2022 Page 223 of 259 RESOLUTION NO. 22–3370

EXHIBIT A

City of Montclair
Grant Management Policy

INTRODUCTION
This document outlines the policies and procedures relative to the City’s management of grant programs, from applying for grant funding through closeout of the grant.

Grants are a significant source of revenue for the City and are provided by Federal, State, and other agencies or private foundations/organizations for specific activities. The City uses grants to support a variety of purposes including social, recreational, public safety, and public works capital improvement programs.

A grant is an award to an eligible grantee by a grantor, (for example, Federal, State or local government agency) to provide funding, property, or services in order to accomplish a particular public purpose.

A grant may also be in the form of a cooperative agreement or memorandum of understanding but it does not include technical assistance (which provides services instead of money), or other assistance in the form of revenue sharing, loans, loan guarantees, interest subsidies, insurance, direct appropriations, gifts, or donations.

Also, the term does not include assistance, such as a fellowship or other lump sum awards, which the grantee is not required to account for.

Characteristics of a typical grant are: a) the funds are made available for an express purpose or objective; b) a formal written proposal and budget is required; c) periodic reports of a descriptive, technical and/or financial nature are required; d) funds are required to be spent over a specific period of time; and e) the unused funds are required to be returned to the grantor unless otherwise expressly stated in the grant document.

The City may also receive grants from private foundations or organizations. The awarding organization will define the requirements in the grant award documents that the City will follow.

ROLES AND RESPONSIBILITIES
Departmental Responsibility for Grants
Department Heads and key technical staff are responsible for generating funding ideas, helping to identify funding opportunities, participating in program planning and proposal writing, and managing day–to–day functions associated with a successful grant award.

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Department Heads are accountable for all grants within their departmental jurisdiction.

In cases where more than one department is responsible for the grant, a lead department shall be designated for accountability.

Each department that applies for and/or receives grant funding shall:
a) Designate a Grant Coordinator for every grant awarded to the department. b) Implement awarded grant projects according to the terms and conditions of each grant award.
c) Ensure that the Grant Coordinator submits regular grant drawdown requests to the funding agency in coordination with the Finance Department, and monitors project funding using prescribed procedures.
d) Ensure that requests for grant funds are promptly submitted to minimize the advance use of City funds. All drawdowns of grant funding must conform to funding source requirements and general direction of the Finance Department pertaining to the receipt of grant funds.
e) Ensure that project reporting requirements and deadlines for submission are met.
f) Maintain all required grant support documentation to meet reporting/audit requirements.

Grant Coordinator
The Grant Coordinator is a designated departmental staff person who is responsible for the project/program as stated in the grant proposal and subsequent grant agreement.

At a minimum, the Grant Coordinator is responsible for ensuring the project/program is in compliance with the performance requirements of the grant and for maintaining compliance with all rules and regulations of the granting agency. The Grant Coordinator is also responsible for expending the grant funds in accordance with the grant agreement.

Responsibilities as a Grant Coordinator include but are not limited to:

1. Conduct work within the stated objectives of the project/program.

2. Take steps to promptly initiate the project once funding has been received/approved.

3. Meet as needed with project staff to communicate project objectives and relevant policies and procedures, and to develop methods, monitor progress, solve problems, etc.

4. Ensure that reliable project methods are in progress and that data are of high quality.

5. Ensure adherence to the approved protocol.

6. Promptly review financial reports and resolve any discrepancies or clearly delegate such responsibility.

7. Respond in a timely fashion to questions raised by project staff.

8. Submit accurate and timely interim and final narrative/progress reports.

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Finance Department
The Finance Department is responsible for reporting financial information to City departments and ensuring the recording of the grant expenditures and revenues are within the guideline of City’s internal controls and the financial guidelines of the grant agreement.

POLICY
Grant revenues are an important part of the City’s overall resource picture, especially in funding capital improvements. Actively seeking out grant revenues that assist in achieving identified City goals and objectives play a key role in the City’s overall financial health strategies.

The purpose of this Policy is to establish internal controls and guidelines for the research, application, financial, and reporting administration of all grants awarded to the City of Montclair and to assist in providing accurate and complete disclosure of the program reporting and financial results of each grant.

This is a Citywide Policy affecting all persons and departments that research, apply for, and/or manage grants. When the City applies for and receives a grant, it agrees to administer the funding according to the granting agency’s (grantor) terms and conditions. Reporting and accounting properly for grant expenditures and providing program documentation and evaluation is critical to the City’s success in getting and keeping City grant awards.

While this Policy is intended to include standard procedures, some provision will not apply to certain grant agreements and/or Departments. Such cases will be treated as exceptions.

Before applying for grant funding consideration should be given to the following:

1. The criteria to pursue a new grant should include an informal cost–benefit analysis, which determines whether or not the proceeds of the grant exceed total costs to the City, including costs to solicit and administer the grant. Consideration should also be given to granting agencies that may require the City to provide matching funds or to assume funding after the grant expiration. In these cases, an informal cost–benefit analysis can help to determine the short and long–term financial impacts.

2. The minimum dollar amount for the solicitation of grant funds from both Federal/State government agencies and private agencies is suggested at $5,000.

Amounts under this minimum should be considered only if there are minimal administrative tasks (i.e. financial/project reporting, maintaining receipts, vouchers etc.) imposed on the City by the grantor, or if special approval is given by the Grant Coordinator in advance of the application for the grant.

3. Programs and projects proposed for grant funding should be those that are consistent with the City’s goals, objectives, and priorities.

4. The program expenditures associated with the grant should not exceed the terms of the grant, nor extend beyond the grant expiration date requiring the City to MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 226 of 259 City of Montclair – Grant Management Policy

assume responsibility for subsequent costs, unless a new funding source has been secured and accepted by the City Manager and/or City Council.

5. Grant programs must be maintained according to the rules established by the granting agency. If the requirements by the granting agency exceed those of the City, the granting agency requirements prevail.

6. Granting agencies may require compliance reviews and/or financial audits to show funds were properly used. The Grant Coordinator is responsible for program/performance reviews and/or audits and the Finance Department is responsible for financial reviews and/or audits.

7. The City is subject to the audit requirements of the Uniform Guidance that all non–federal entities that expend $750,000 or more during a fiscal year must have a single or program –specific audit conducted for the year in accordance with the provision under Section 200.501 of the Uniform Guidance.

Each year as part of the year–end process, and in order to comply with the Single Audit requirements, the Grant Coordinator and the Finance Department shall coordinate with each other to ensure the Single Audit conducted by the auditor will be completed before the Single Audit report is due for submission every March 31st.

8. The department applying for a grant shall coordinate with the appropriate departments that oversee certain policies or programs of the City (e.g. Finance Department for purchasing policies and the Administrative Services Department for human resources policies) to ensure accurate information is provided by the City when applying for a grant.

PROCEDURE
I. GRANT APPLICATION

1. Departments shall take into consideration all agreements where grant funds are to be used for personnel or ongoing costs as the City may need to assume or eliminate these costs at the end of the grant period.

2. Departments may ask for City Council authorization for the City Manager and/or his/her designee to sign any related Grant Agreements.

II. GRANT AWARD

1. All grant agreements with outside granting agencies, regardless of dollar amount, must be submitted to the City Attorney for review and subsequently to the City Council for ratification.

2. Departments shall submit a Staff Report to the City Clerks’ Office, accompanied by the Grant Award Document, to be included on the agenda for the next scheduled City Council Meeting. The staff report should include sufficient information for the City Council to evaluate the Award). Typical items to consider including in the staff report are:

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a. Eligible uses for the proposed grant;
b. Specific use recommended for the proposed grant;
c. Matching funds the City may be required to provide;
d. Grant time limits after which the City may be required to assume funding; e. Post–grant operating and maintenance costs;
f. Audit or other compliance reviews specific to the grant; g. Any unusual reporting or compliance requirements that would be difficult or expensive in which to comply;
h. Any allowable City administrative costs; and
i. Applicable cash flow considerations.

3. All revenues and expenditures indicated in the Grant Agreement must have budget appropriations entered into the budget system.

4. The department shall promptly provide to the Finance Department copies of the Grant Award Letter and/or Agreement, the grant budget, and the grant guidelines.

5. The Finance Department shall establish a project number for the grant (if not previously assigned), as well as assign the appropriate revenue and expenditure general ledger account numbers. The Finance Department will forward this information to the Grant Coordinator indicated on the Grant Award Summary Form.

III. EXPENDING THE GRANT FUNDS

1. Grant expenditures are appropriated and expended following the City’s budget and accounting procedures.

2. All City of Montclair purchasing guidelines apply to the expenditure of grant funds. All of the standard paperwork and bidding requirements apply.

3. It is the responsibility of the Grant Coordinator to:
a. Ensure all written contracts are in compliance with the Contract Provisions Required for Federal Awards per Section 200.326 and Appendix II of the OMB Guidance and all applicable State and local laws and regulation. b. Maintain contract administration systems which ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders.

4. If the grant expenditures are funded by multiple sources, the most restricted funding source should be used first. Also, grant funds should be planned so they will be fully expended at the grant expiration.

5. Expenditures can only be reimbursed once for any Federal grant award; double dipping is not allowed. For example, if a project/program has multiple federal MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 228 of 259 City of Montclair – Grant Management Policy

grants, the City cannot file a reimbursement using the same expenses claimed in one grant to the other remaining grants.

IV. PROGRAM INCOME & INTEREST
Program income is the gross income earned by the grantee that is directly generated by a supported activity or earned as a result of a grant during the period performance of a grant. Except as otherwise provided in the Federal statutes, regulations or the terms and conditions of the federal award, program income does not include rebates, discounts, and interest earned on any of the grants.

Program income is also generated when a loan from grant funds is paid off and the proceeds are returned to the City. These funds in most cases are used again for the same original purpose and/or are used to reduce the amount of new grant funds requested as reimbursement from the granting agency.

1. During the performance of the grant, the program income must be used for current costs as follows:
a) Deduction – Deduct program income from allowed cost
b) Addition – With written approval from grantor, program income may be added to the grant award and must be used for the purposes under the conditions of the grant award
c) Cost sharing or
matching
– With prior written approval from grantor, program income may be used to meet the cost sharing or matching requirement of the grant award
Grant Coordinators should negotiate with the grantor to allow the City to use program income as additions to the grant, or as cost sharing or matching requirements since these two methods are more beneficial to the City.

2. For Federal grants, there is no federal requirement governing the disposition of income earned after the end of the period performance of the grant, unless the grant agreement provides otherwise. However, for record purposes, the Grant Coordinator should inform the grantor in writing and negotiate an agreement with the grantor for the proper disposition of the program income a part of the closeout process.

3. Interest earned on advances of funds is not program income. Non–federal entities may retain up to $500 earned on interest from federal awards for administrative purposes.

V. PERFORMANCE/FINANCIAL MONITORING AND REPORTING

1. The Grant Coordinator is responsible for the monitoring of the performance and compliance with all of the requirements of the grant awarded directly to the City or to any grant awarded to a subrecipient, if any.

2. The Grant Coordinator is responsible for the timely submission of all the reports and documents required by the grantor agency as specified in the grant award.

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Note: Some grants awarded to the City include a special provision on the Notice of Grant Award that if the City has not submitted a reimbursement for a six month period, the City is required to submit a written explanation to the grantor agency as to when the reimbursement will be submitted and the reason for the absence of project activity. Examples of this type of grant are those coming from the State of California and Department of Transportation.

3. Grant funds are generally paid to the City on a reimbursement basis; that is, the City first advances funds for expenditures and then submits claims to the granting agency. Therefore, it is important reimbursement claims are filed in a timely manner and in accordance with the reimbursement procedure in the grant award document.

4. Granting agencies should be notified to send all remittances to the attention of the Finance Department.
a. Checks – The Grant Coordinator, upon receiving the check, will forward it to the Finance Department who will apply the payment to the corresponding unpaid Grant Billing Invoice.
b. Wire Transfers – The Finance Department will apply the payment to the corresponding unpaid Grant Billing Invoice.

5. For grant awards that are paid to the City in advance:
a. The Grant Coordinator shall forward the check to the Finance Department who will apply the payment to the corresponding revenue general ledger account. b. If the advance payment is made by wire, the Finance Department will apply the payment to the corresponding revenue general ledger account.

6. Unless arranged otherwise, the Grant Coordinator is responsible for submitting all claims for reimbursement of grant expenditures. The claims shall be reviewed and approved by the Department Head before they are sent to the granting agency.
a. The Grant Coordinator shall forward to accounts receivable staff a copy of the claim with the Grant–Billing Invoice for recording to the Accounts Receivable System.
b. The accounts receivable staff shall mail the reimbursement (if applicable). c. The Grant Coordinator shall ensure that expenses of the current fiscal year are submitted for reimbursement before the close of the books for the fiscal year in order for the Finance Department to record the reimbursement as a receivable in the City’s financial statement.

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VI. EQUIPMENT & CAPITAL ASSETS

1. Capital assets are tangible or intangible assets used in the City’s operations which have a useful life of more than one year and are capitalized, and may include:
a. Real Property – land, buildings (including additions, improvements, modifications, replacements, rearrangements; reinstallations, renovations) or alterations to capital assets that materially increase their value or useful life (not ordinary repairs and maintenance);
b. Equipment – includes tangible property having a useful life of more than one year and a per–unit acquisition cost of $5,000 or more; and c. Intangible Property – property having no physical existence such as software, trademarks, copyrights, patents, and patent applications.

2. When equipment of any nature is given to the City in lieu of cash as part of the grant program, and whether or not any cash match has been required in the grant agreement, the Grant Coordinator must keep a detailed inventory. This inventory list should include each item’s description, model number, date received, location, and market value. Any documentation that accompanied the items from the grantor agency should also be retained. The list should be submitted to the Finance Department as part of the regular fiscal year–end process in order to appropriately record these applicable items as capital assets in the general ledger.

3. Property records for capital assets obtained with grant funds must be maintained, including the description of the capital asset, a serial number or other identification number, the source of funding for the property including the grant number, who holds title, the acquisition date, and cost of property, percentage of grantor agency’s participation in the project cost, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property.

4. Accounting of capital assets shall be in accordance with the City’s policy.

5. Disposition of equipment purchased with grant funds shall be in accordance with the City’s policy, grant policy, and with the following provisions from the Uniform Guidance:
a. Items with a current per unit fair market value of less than $5,000 may be retained, sold, or otherwise disposed of with no further obligation to the awarded agency.
b. Items with a current per unit fair market value in excess of $5,000 shall be only disposed after getting written approval from the grantor agency. c. For equipment sold, costs incurred by the City shall be deducted from the gross proceeds before dividing the net proceeds between the City and the grantor agency in accordance to sharing negotiated in writing with the grantor agency.

6. Physical inventory of equipment obtained with grant funds should be done every two years.

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VII. CLOSE OUT

1. At the conclusion of the grant program, it is the responsibility of the Grant Coordinator to:
a. Submit not later than 90 calendar days (for Federal grants) or within the time frame required by the grantor, all financial performance and other reports as required in the grant agreement.
b. Ensure that all contracts are finalized, and all purchase orders have been closed through Accounts Payable.

2. If at the conclusion of the grant program, there are grant funds unexpended, it is the responsibility of the Grant Coordinator to determine the legal use of any unused appropriations. Only the granting agency can give permission to “re– program” unused funds. If the grant funds cannot be re–programmed, then the Grant Coordinator must make arrangements to return the funds to the granting agency. A signed payment request with a full written explanation must be forwarded to the Finance Department.

VIII. RECORD RETENTION

1. All grant financial records, supporting documentation and all other records pertinent to the grant, shall be retained by the City of Montclair for a period of three (3) years following the submission of the final report to the grantor and receipt of the final payment under the grant, or three (3) years after the resolution of a dispute or audit findings, the final disposal of equipment acquired with grant funding, or as indicated by the grant agreement, whichever is later.

2. The Grant Coordinator shall maintain the permanent grant file within the period prescribed by the grant and per Section VIII.1 of this Administrative Regulation.

IX. AUDIT/PROGRAM VISITS

1. The Grant Coordinator is responsible for all program performance–related audit activities.

2. The Finance Department, with assistance from the Grant Coordinator, is responsible for coordinating all financial audits relating to grant activities and for keeping all copies of grant documents in a permanent file.

3. Interim performance reports that are required by the grantor shall be completed by the Grant Coordinator or assigned staff and a copy shall be forwarded to the Finance Department.

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 232 of 259

CITY COUNCIL

AGENDA REPORT
DATE: JULY 18, 2022
SECTION: CONSENT - RESOLUTIONS
ITEM NO.: 3
FILE I.D.: FRD040
DEPT.: FIRE
PREPARER: D. POHL
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 22–3371 RESCINDING AND SUPERSEDING RESOLUTION NO. 21–3294 IDENTIFYING AND CORRECTING UPDATED

TERMS AND CONDITIONS FOR A FIRE DEPARTMENT RESPONSE AWAY FROM ITS

OFFICIAL DUTY STATION WHEN ASSIGNED TO AN EMERGENCY INCIDENT REASON FOR CONSIDERATION: The City Council is requested to consider adoption of Resolution No. 22–3371 rescinding and superseding Resolution No. 21–3294 identifying and correcting updated terms and conditions for a Fire Department response away from its official duty station when assigned to an emergency incident.

BACKGROUND: The Montclair Fire Department responds to all–hazard events under the terms and conditions of the Agreement for Local Government Fire and Emergency Assistance, hereafter referred to as the "California Fire Assistant Agreement" or "CFAA." The signatory agencies to the CFAA are United States Department of the Interior agencies (Bureau of Land Management, National Park Service, and Fish and Wildlife); State of California, Department of Forestry and Fire Protection (CALFIRE); State of California Governor's Office of Emergency Services (CalOES); and United States Forest Service.

At times of severe wildfire conditions and other emergencies, there is often a need for emergency apparatus and/or personnel to provide fire protection or perform other tasks to control the situation. Through the California Fire and Rescue Mutual Aid System, CalOES has such emergency apparatus and personnel, which may be available from local jurisdictions for dispatch and use. CalOES, CALFIRE, and the Federal Fire Agencies will generally use the CFAA for engines, water tenders, and overhead to address an incident once local government resources are exhausted or where a local agreement is not in place.

The signatories to the CFAA intend to compensate California Fire and Rescue Mutual Aid System agencies for the cost of assisting the State of California and the Federal Fire Agencies. The rates, methodologies, and formulas in the CFAA are intended to provide such costs. The compensation shall be consistent with the assisting agency's normal business practices and any existing governing body resolution supporting those business practices.

Adoption of proposed Resolution No. 22–3371 would accomplish the following:

1. Acknowledge that personnel are compensated (portal–to–portal) beginning at the time of dispatch to the return to jurisdiction when equipment and personnel are in service and available for agency response;

2. Establish the rates at which the classifications of Deputy Fire Chief, Fire Battalion Chief, Fire Captain, Fire Engineer/Paramedic, Fire Engineer, Firefighter/ Paramedic, and Firefighter will be compensated for overtime while in the course of their employment and away from their official duty station and while assigned MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 233 of 259 to an emergency incident, in support of an emergency incident, or pre–positioned for an emergency response;

3. Satisfy the requirements outlined in Exhibit A, Section A–8.2 of the 2020 CFAA, to submit a governing body resolution to CalOES Fire and Rescue Divisions that demonstrates the City's normal internal business practices for compensating its employees while in the course of their employment and away from their official duty station and while assigned to an emergency incident, in support of an emergency incident, or pre–position for an emergency response; and

4. Reaffirm the City's commitment, in the spirit of cooperation, to fairly compensate its employees that may be called upon to work for indefinite periods during emergency situations.

5. Modify language used in Resolution No. 21–3294 by removing the phrase “State and Federal” at the request of CalOES.

Upon adoption of proposed Resolution No. 22–3371, the Fire Department will forward proof of the adoption to CalOES with its 2022 Salary Survey. A Salary Survey is completed by Fire Department staff annually and submitted to CalOES. This survey documents the average actual rate for each classification that may be assigned to an emergency incident. CalOES uses the information provided on the survey to generate reimbursements for those incidents that our agency responded to under the terms and conditions of the CFAA.

FISCAL IMPACT: Should the City Council adopt proposed Resolution No. 22–3371, the costs associated with compensating employees portal–to–portal while in the course of their employment and away from their official duty station and while assigned to an emergency incident, in support of an emergency incident, or pre–position for an emergency response, will be funded by the Fire Department's Emergency Services Budget Program.

Depending on the severity of fire conditions throughout the State, the funds allocated toward this budget program may be sufficient or require adjustment. Historically, strike team responses have generated a considerable expenditure to the Emergency Services Budget Program; however, Fire Department staff submit reimbursement requests to CalOES for expenses incurred by the City during strike team deployments.

RECOMMENDATION: Staff recommends the City Council adopt Resolution No. 22–3371 rescinding and superseding Resolution No.21–3294 identifying and correcting updated terms and conditions for a Fire Department response away from its official duty station when assigned to an emergency incident.

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RESOLUTION NO. 22–3371

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MONTCLAIR RESCINDING AND SUPERSEDING RESOLUTION
NO. 21–3294 IDENTIFYING AND CORRECTING UPDATED

TERMS AND CONDITIONS FOR A FIRE DEPARTMENT
RESPONSE AWAY FROM THE DEPARTMENT’S OFFICIAL

DUTY STATION WHEN ASSIGNED TO AN EMERGENCY

INCIDENT
WHEREAS, the Montclair Fire Department is a public agency located in the County of San Bernardino, State of California; and
WHEREAS, it is the City of Montclair’s desire to provide fair and legal payment to all its employees for time and overtime worked; and
WHEREAS, the City of Montclair has in its employ Fire Department response personnel including Deputy Fire Chief, Fire Battalion Chief, Fire Captain, Fire Engineer/ Paramedic, Firefighter/ Paramedic, and Firefighter; and WHEREAS, The City of Montclair will compensate its employees portal–to–portal while in the course of their employment and away from their official duty station and while assigned to an emergency incident, in support of an emergency incident, or pre– positioned for an emergency response; and
WHEREAS, the City of Montclair will compensate its employees overtime in accordance with the rates stated below while in the course of their employment and away from their official duty station and while assigned to an emergency incident, in support of an emergency incident, or pre–positioned for an emergency response:

1. The rank of Deputy Fire Chief is considered an exempt employee and would not normally receive overtime compensation for hours worked in excess of 40 hours per week; however, when this rank is assigned to an emergency incident that is away from its official duty station, compensatory time shall be accrued at time and one–half for any hours worked beyond the normal 40–hour shift schedule.

2. The rank of Fire Battalion Chief shall be paid at time and one–half rate.

3. The ranks of Fire Captain, Fire Engineer/Paramedic, Firefighter/ Paramedic, and Firefighter shall be paid at time and one–half rate.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Montclair does hereby find and determine that the conditions set forth in this resolution, as stated above, take effect immediately upon adoption.

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. 22–3371 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 – 07/18/2022 Page 235 of 259

CITY COUNCIL

AGENDA REPORT
DATE: JULY 18, 2022
SECTION: CONSENT - RESOLUTIONS
ITEM NO.: 4
FILE I.D.: COV100/CYC125
DEPT.: CITY MGR.

PREPARER: A. MYRICK
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 22–3373 MAKING FACTUAL FINDINGS IN COMPLIANCE WITH AB 361 FOR THE CONTINUATION OF PUBLIC MEETING

TELECONFERENCING DURING PUBLIC HEALTH EMERGENCIES FOR THE PERIOD OF JULY 18, 2022, THROUGH AUGUST 17, 2022
REASON FOR CONSIDERATION: The City Council’s adoption of Resolution No. 22–3373 would extend the City’s remote public meeting procedures under AB 361 for an additional 30 days, expiring August 17, 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. 22–3373.

RECOMMENDATION: Staff recommends the City Council adopt Resolution No. 22–3373 making factual findings in compliance with AB 361 for the continuation of teleconferencing during public health emergencies for the period of July 18, 2022, through August 17, 2022.

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 236 of 259 Resolution No. 22–3373 Page 1 of 3
RESOLUTION NO. 22–3373

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 JULY 18, 2022, THROUGH AUGUST 17, 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 – 07/18/2022 Page 237 of 259 Resolution No. 22–3373 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 – 07/18/2022 Page 238 of 259 Resolution No. 22–3373 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 August 17, 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. 22–3373 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 – 07/18/2022 Page 239 of 259 Real Estate Committee Meeting Minutes – November 15, 2021 Page 1 of 2

MINUTES OF THE CITY OF MONTCLAIR REAL ESTATE

COMMITTEE MEETING HELD ON MONDAY,
NOVEMBER 15, 2021 AT 5:30 P.M. HELD VIA ZOOM

TELECONFERENCE
I. CALL TO ORDER
Chair Dutrey called the meeting to order at 5:30 p.m.

II. ROLL CALL

Present: Mayor Dutrey (Chair); Council Member Martinez (Vice-Chair); City Manager Starr; Senior Management Analyst Fuentes; Community Development Director Diaz; City Attorney Robbins; Public Works Director Heredia and City Clerk Myrick

Absent: Council Member Martinez (Vice Chair), Economic Development Consultant Caldwell and Associate Planner Gutierrez
III. APPROVAL OF MINUTES – The minutes from the November 18, 2019 meeting were presented and approved.

IV. PUBLIC COMMENT — None
V. DISCUSSION ITEMS
A. DEVELOPMENT PROPOSALS

1. 9052 Central Avenue and 5220 Moreno Street – Conditional Use Permit, Precise Plan of Design, and Lot Line Adjustment to develop a 3,800- square-foot full-service Panera Café restaurant with outdoor dining and drive through lane.

The Committee reviewed the site plan and building elevations for the proposed project. Discussion followed regarding the maximum occupancy for the restaurant and how far along the project was. The Committee indicated its support for the project and has been anticipating this project for a long time. The developer is anxious to get plans submitted and break ground once it receives the Council’s approval.

2. 4700 Huntington Drive – Tentative Tract Map and Precise Plan of Design to construct a 302-unit multi-family residential development on a 9.60 gross acre site (former Vulcan Materials asphalt manufacturing business).

The Committee reviewed the site plan and building elevations for the project known as the Montclair Station, which is a Trammel Crow Company project.

Discussion ensued regarding how this project will connect to Huntington Drive, parking ratios and planning for future bidding on finishing out MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 240 of 259 Real Estate Committee Meeting Minutes – November 15, 2021 Page 2 of 2 Huntington Drive while reviewing a PowerPoint presentation of the color schemes and designs. Director Diaz commented that an incompleteness letter was sent because there are still some minor things they need to wrap up before it is presented to the Planning Commission.

Bruce Culp, a member from the public attending virtually via the Zoom platform, suggested the City ask the developer to help with park improvements, asking them to help enhance the trail portion just north of this property and also the San Antonio Creek Channel; even though there is a lot more involved with that, if they could make a first pass. He also asked if more thought could be spent on electric vehicle parking and chargers.

3. SWC Arrow Highway and Monte Vista Avenue – Proposed expansion of the Alexan Kendry Apartment Development to allow 137 units and amenities.

The Committee reviewed the site plan and building elevations for the project known as the Montclair Station, which is also a Trammel Crow Company project, which is an expansion of the existing Alexan Kendry project
B. REQUESTS
None.

C. PROPOSED ORDINANCE
None.

VI. OTHER ITEMS — None
VII. ADJOURNMENT
At 6:16 p.m., Chair Dutrey adjourned the Real Estate Committee. The Committee is scheduled to next meet on Monday, December 20, 2021.

These minutes were approved at the Real Estate Committee meeting held on June 20, 2022.

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 241 of 259 Personnel Committee Minutes – June 20, 2022 Page 1 of 1

MINUTES OF THE MEETING OF THE MONTCLAIR

PERSONNEL COMMITTEE HELD ON MONDAY,
JUNE 20, 2022, AT 6:20 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 6:20 p.m.

II. ROLL CALL

Present: Mayor Pro Tem Ruh, Council Member Johnson, City Manager Starr, and Director of Human Services Richter
III. APPROVAL OF MINUTES
A. Minutes of the Regular Personnel Committee Meeting of June 6, 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 June 6, 2022.

IV. PUBLIC COMMENT – None
V. CLOSED SESSION
At 6:21 p.m., the Personnel Committee went into Closed Session regarding personnel matters related to appointments, resignations/ terminations, and evaluations of employee performance.

At 6:40 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 6:40 p.m., Mayor Pro Tem Ruh adjourned the Personnel Committee.

Submitted for Personnel Committee approval,
Edward C. Starr
City Manager
MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 242 of 259

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – June 20, 2022 Page 1 of 10

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, JUNE 20, 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
Elder Ray Ramirez, Montclair Christian Church, gave the invocation.

III. PLEDGE OF ALLEGIANCE
Council Member/Director Martinez 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 — None
VI. PUBLIC COMMENT
A. Mr. Jordan Rinker, 5195 Evart Street, Montclair, expressed his opposition to the City’s recognition of June as Pride Month and celebrating the LGBTQ+ community, arguing their lifestyles go against science and his religion.

Mayor Dutrey stated Montclair is a diverse community and the City Council represents and supports all its members regardless of age, sex, gender, religion, national origin, and race.

B. Ms. Bobbie Butts introduced herself as the new Community Liaison for I–10 Towing & Recovery, which services the local community, including Montclair. She advised the company’s previous owner passed away three months ago.

Mayor Dutrey wished his condolences on the former owner’s passing and welcomed Ms. Butts. He received confirmation that I–10 Towing & Recovery is contracted by Caltrans and the San Bernardino County Transportation Authority for towing on the freeways.

Council Member Johnson thanked Ms. Butts for coming and invited her to join the Montclair Chamber of Commerce for additional opportunities to get involved and partner with the business community.

VII. PUBLIC HEARINGS — None
VIII. CONSENT CALENDAR
Mayor Dutrey stated he will pull Item C–12 for its continuation to the next regular meeting.

Council Member Johnson stated she has one question on Item C–12, and requested Item C–5 be pulled from the Consent Calendar for separate vote.

Mayor Pro Tem Ruh requested discussion on Items C–1 and C–11.

Moved by Council Member/Director Lopez, seconded by Council Member/Director Johnson, and carried unanimously 5–0, the City Council removed Items C–5 and C–12 and approved the remainder of the Consent Calendar with discussion held on Items C–1 and C–11:

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 243 of 259

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – June 20, 2022 Page 2 of 10 A. Approval of Minutes

1. Regular Joint Meeting — June 6, 2022
The City Council, Successor Agency Board of Directors, Montclair Housing Corporation Board of Directors, Montclair Housing Authority Commissioners, and Montclair Community Foundation Board of Directors approved the minutes of the June 6, 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 May 31, 2022.

2. Approval of City Warrant Register and Payroll Documentation The City Council approved the City Warrant Register dated June 20, 2022, totaling $958,537.71; and the Payroll Documentation dated May 22, 2022, amounting to $675,616.61 gross, with $467,757.97 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 May 31, 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 05.01.22–05.31.22 in the
amounts of $8,459.22 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 May 31, 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 $84,477.97.

7. Receiving and Filing of MHA Treasurer's Report
The MHA Commissioners received and filed the MHA Treasurer's Report for the month ending May 31, 2022.

8. Approval of MHA Warrant Register
The MHA Commissioners approved the MHA Warrant Register dated 05.01.22–05.31.22 in the amount of $0.00.

C. Agreements

1. Approval of Agreement No. 22–44 with All City Management Services, Inc. for School Crossing Guard Services Subject to Any Revisions Deemed Necessary by the City Attorney
Mayor Pro Tem Ruh asked if Ontario–Montclair School District (OMSD) assists with the cost of crossing guards.

City Manager Starr advised OMSD and the City of Ontario split the cost with the City for one crossing guard on Benson Avenue, which is on the boundary of Montclair and Ontario and serves students of two nearby OMSD schools.

Mayor Pro Tem Ruh stated OMSD needs to be more proactive with educating its students’ parents about how to safely drop their children off including not letting them get out of the car street–side, following traffic laws, and not speeding.

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 244 of 259

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – June 20, 2022 Page 3 of 10 Council Member Lopez asked if crossing guards can be
stationed at all middle schools to prevent more tragedies like the one that happened at Vernon Middle School.

The City Council approved Agreement No. 22–44 with All City Management Services, Inc. for school crossing guard services subject to any revisions deemed necessary by the City Attorney.

2. Rejecting the Bid from Innovation Painting, Inc. for Painting of Civic Center Facilities
Awarding a Contract to Astro Painting Co., Inc. in the
Amount of $159,000 to Paint the City Hall Building; the Youth, Senior, Community, and Recreation Center Buildings; the Library Building; the Ancillary Structure at Alma Hofman Park; and Block Walls, Fencing, and Gates Throughout the Civic Center
Approval of Agreement No. 22–53 with Astro Painting Co., Inc. for Painting of Civic Center Facilities Subject to Any Revisions Deemed Necessary by the City Attorney
The City Council took the following actions:
(a) Rejected the bid from Innovation Painting, Inc. for painting of Civic Center facilities.
(b) Awarded a contract to Astro Painting Co., Inc. in the amount of $159,000 to paint the City Hall building; the youth, senior, community, and recreation center buildings; the Library building; the ancillary structure at Alma Hofman Park; and block walls, fencing, and gates throughout the Civic Center.
(c) Approval of Agreement No. 22–53 with Astro Painting Co., Inc. for painting of Civic Center facilities subject to any revisions deemed necessary by the City Attorney.

3. Approval of Agreement No. 22–60 with Consolidated Fire Agencies of San Bernardino County (CONFIRE) for Continued Dispatch and Communication Services Subject to Any
Revisions Deemed Necessary by the City Attorney
The City Council approved Agreement No. 22–60 with Consolidated Fire Agencies of San Bernardino County (CONFIRE) for continued dispatch and communication services subject to any revisions deemed necessary by the City Attorney.

4. Approval of Agreement No. 22–62, the Sixth Amendment to Agreement No. 06–77 with CASC Engineering, Inc. for Water Quality and Stormwater Compliance Services Subject to any Revisions Deemed Necessary by the City Attorney
The City Council approved Agreement No. 22–62, the sixth amendment to Agreement No. 06–77 with CASC Engineering, Inc. for water quality and stormwater compliance services subject to any revisions deemed necessary by the City Attorney.

6. Approval of Agreement No. 22–64 with Howroyd–Wright
Employment Agency, Inc. dba AppleOne Employment Services to Provide Staffing Services for the City of Montclair Subject to Any Revisions Deemed Necessary by the City Attorney
The City Council approved Agreement No. 22–64 with Howroyd– Wright Employment Agency, Inc. dba AppleOne Employment
Services to provide staffing services for the City of Montclair subject to any revisions deemed necessary by the City Attorney.

7. Approval of Agreement No. 22–65–I–109, an Irrevocable Annexation Agreement with 11185 Roswell, LLC for 11185
Roswell Avenue, Pomona, CA 91766 (APN 1012–411–51–0000)

MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 245 of 259

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – June 20, 2022 Page 4 of 10 The City Council approved Agreement No. 22–65–I–109, an Irrevocable Annexation Agreement with 11185 Roswell, LLC for 11185 Roswell Avenue, Pomona, CA 91766 (APN 1012–411–51– 0000).

8. Approval of Agreement No. 22–66 with LexisNexis Risk Solutions for Accurint TraX Cellular Phone Data Mapping and Analysis Software for Use in Criminal Investigations Authorizing a $6,800 Appropriation from the Prop 30/AB
109 Fund for Costs Associated with Agreement No. 22–66
Authorizing Executive Director, Office of Public
Safety/Police Chief Robert Avels to Sign Said Agreement The City Council took the following actions:
(a) Approved Agreement No. 22–66 with LexisNexis Risk
Solutions for Accurint TraX cellular phone data mapping and analysis software for use in criminal investigations. (b) Authorizing a $6,800 Appropriation from the Prop 30/AB 109 Fund for costs associated with Agreement No. 22–66. (c) Authorizing Executive Director, Office of Public Safety/ Police Chief Robert Avels to sign said Agreement.

9. Approval of Agreement No. 22–67 with TKE Engineering, Inc. for Engineering Design Services for the Ramona Avenue and Howard Street Roundabout Project [HSIPSL–5326(023)] Subject to Any Revisions Deemed Necessary by the City Attorney
The City Council approved Agreement No. 22–67 with TKE
Engineering, Inc. for engineering design services for the Ramona Avenue and Howard Street Roundabout Project [HSIPSL– 5326(023)] subject to any revisions deemed necessary by the City Attorney.

10. Approval of Agreement No. 22–68, the Seventh Amendment to Cooperative Agreement No. 91–065 with the San
Bernardino County Transportation Authority Related to the Management of Jointly Owned Property at the Montclair
Transcenter Subject to Any Revisions Deemed Necessary by the City Attorney
The City Council approved Agreement No. 22–68, the seventh amendment to Cooperative Agreement No. 91–065 with the San Bernardino County Transportation Authority related to the management of jointly owned property at the Montclair
Transcenter subject to any revisions deemed necessary by the City Attorney.

11. Approval of Agreement No. 22–69 with McCain to Upgrade the Central Management Software for Traffic Signal
Operations Subject to Any Revisions Deemed Necessary by the City Attorney
Mayor Pro Tem Ruh emphasized the need for the City to
transition to demand lights, which are timed based on current traffic conditions and improve traffic flow. He suggested the City’s traffic signal operations provider consider implementing such a method.

The City Council approved Agreement No. 22–69 with McCain to upgrade the central management software for traffic signal operations subject to any revisions deemed necessary by the City Attorney.

D. Resolutions

1. Adoption of Resolution No. 22–3357 Making Factual Findings in Compliance with AB 361 for the Continuation of Public Meeting Teleconferencing During Public Health Emergencies for the Period of June 20, 2022, through July 20, 2022
MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 246 of 259

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – June 20, 2022 Page 5 of 10 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 June 20, 2022, through July 20, 2022.

2. Adoption of Resolution No. 22–3358 Directing Staff to Review the Conflict of Interest Code and Submit the 2022 Biennial Notice Pursuant to the Political Reform Act
The City Council adopted Resolution No. 22–3358 directing staff to review the Conflict of Interest Code and submit the 2022 Biennial Notice pursuant to the Political Reform Act.

3. Adoption of Resolution No. 22–3359 Calling and Giving Notice of the Holding of a General Municipal Election to be Held on Tuesday, November 8, 2022, for the Election of
Certain Officers as Required by the Provisions of the Laws of the State of California Related to General Law Cities Adoption of Resolution No. 22–3360 Adopting the
Regulations for Candidates for Elective Office Pertaining to Candidates’ Statements Submitted to the Voters at an
Election to be Held on Tuesday, November 8, 2022
Adoption of Resolution No. 22–3361 Requesting the Board of Supervisors of the County of San Bernardino to
Consolidate a General Municipal Election to Be Held on
Tuesday, November 8, 2022, with the Statewide General
Election to be Held on the Same Date Pursuant to Section 10403 of the California Elections Code
The City Council took the following actions:
(a) Adopted Resolution No. 22–3359 calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 8, 2022, for the election of certain officers as required by the provisions of the laws of the State of California related to General Law Cities.
(b) Adopted Resolution No. 22–3360 adopting the
regulations for candidates for elective office pertaining to Candidates’ Statements submitted to the voters at an
election to be held on Tuesday, November 8, 2022.
(c) Adopted Resolution No. 22–3361 requesting the Board of Supervisors of the County of San Bernardino to
consolidate a General Municipal Election to be held on
Tuesday, November 8, 2022, with the Statewide General
Election to be held on the same date pursuant to Section 10403 of the California Elections Code.

4. Adoption of Resolution No. 22–3362 Adjusting the
Equivalent Dwelling Unit Monthly Fee for Sewer Service
The City Council adopted Resolution No. 22–3362 adjusting the equivalent dwelling unit monthly fee for sewer service.

IX. PULLED CONSENT CALENDAR ITEMS
C. Agreements

5. Approval of Agreement No. 22–63 with the Montclair
Chamber of Commerce to Provide Services to Promote Local Economic Development Subject to Any Revisions Deemed
Necessary by the City Attorney
Council Member Johnson announced her conflict of interest with this item because she is a volunteer for the Chamber.

Moved by Council Member Lopez, seconded by Mayor Pro Tem Ruh, and carried 4–0–1 (Johnson recused), the City Council approved Agreement No. 22–63 with the Montclair Chamber of Commerce to provide services to promote local economic
MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 247 of 259

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – June 20, 2022 Page 6 of 10 development subject to any revisions deemed necessary by the City Attorney.

12. Approval of Agreement No. 22–70 with Pivotal Strategies LLC for Community Education and Outreach Services
Related to a Proposed Ballot Measure to Establish a
Commercial Cannabis Tax Subject to Any Revisions Deemed Necessary by the City Attorney
Council Member Johnson asked what differentiates commercial cannabis sales from normal retail sales for taxing purposes.

City Manager Starr advised that taxing the sale of cannabis in California is authorized under a separate law as an excise tax, whereas retail sales are taxed as a Bradley–Burns sales tax.

Mayor Dutrey advised this item would return for City Council consideration on July 18th, following a Council Workshop presenting the results of a community survey regarding
commercial cannabis.

X. COUNCIL/MHC WORKSHOP
A. Fiscal Year 2022–23 Preliminary Budget Review
The City Council/Montclair Housing Corporation Board of Directors continued the presentation to an adjourned meeting to be held on Wednesday, June 22, 2022, at 6:00 p.m. in the City Council Chambers.

B. Continuation of San Antonio Creek Trail Conceptual Plan Presentation by Alta Planning + Design, Inc.

The City Council continued the presentation to an adjourned meeting to be held on Tuesday, June 28, 2022, at 6:00 p.m.

C. Presentation of Community Survey Results Pertaining to Cannabis–Related Issues by Fairbank, Maslin, Maullin, Metz & Associates
The City Council continued the presentation to an adjourned meeting to be held on Monday, July 18, 2022, at 5:45 p.m.

XI. COMMUNICATIONS
A. Department Reports

1. Police Department — Planned Response to Fireworks
Executive Director of Public Safety/Police Chief Avels stated the Department has taken several steps in preparation for this year’s illegal firework enforcement detail, including sending advisory letters to prior and suspected offenders, advertising on social media, deploying the Department’s mobile electronic message sign, using inserts in City bill mailers, and placing yard signs throughout medians in the City. He noted Lieutenant Michel has also added a QR code to the flyer that, when scanned, leads to the online firework reporting website. He advised that so far there have only been 13 fireworks reported compared to the 47 reports received around this time last year.

He added patrols of the City will be increased the week leading up to July 4th, with four additional units patrolling on the holiday itself.

Council Member Johnson asked what the phone number is
shown on the yard signs.

Chief Avels advised it is the Police Department’s non–
emergency dispatch number.

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

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PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – June 20, 2022 Page 7 of 10

1. Closed Session Pursuant to Government Code Section
54957.6 Regarding Conference with Designated Labor
Negotiator Edward C. Starr
Agency: City of Montclair
Employee Management
Organizations: Montclair City Confidential Employees Assn.

Montclair General Employees Association
Montclair Fire Fighters Association
Montclair Police Officers Association

2. Closed Session Pursuant to Government Code Section
54956.9(d)(1) Regarding Pending Litigation
Garcia v. Lopez, City of Montclair, et al.

Fuentes v. Lopez, City of Montclair, et al.

C. City Manager/Executive Director
City Manager/Executive Director Starr advised that on the week of June 27th, a black ranger helicopter will be flying over the city testing for methane gas on behalf of Southern California Gas Company.

He added the City will put out social media posts to notify residents.

D. Mayor/Chair

1. Consider Making Appointments to Four (4) Scheduled
Vacancies on the Community Activities Commission (CAC)
for Full Four–Year Terms Ending June 30, 2026
Mayor Dutrey stated six applications were received for the four vacancies on the Community Activities Commission, four of which from current Commissioners seeking reappointment.

One applicant withdrew and the remaining five applicants were interviewed by the CAC Panel, consisting of Mayor Pro Tem Ruh, Council Member Martinez, and CAC Chair Wells on June 9th, and has recommended the four incumbents for reappointment.

Mayor Dutrey nominated the applicants recommended by the CAC Panel for reappointment to the four scheduled vacancies on the CAC.

Moved by Mayor Pro Tem Ruh, seconded by Council Member
Johnson, and carried unanimously 5–0, the City Council
reappointed Richard Escalante, Darlene Ferraro, Laurie
Milhiser, and Rosa Rangel to full four–year terms on the CAC ending June 30, 2026.

2. Notice of Special Meeting of the City Council and Montclair Housing Corporation Board on Tuesday, June 28, 2022, at 6:30 p.m. in the City Council Chambers to Consider Adoption of the Fiscal Year 2022–23 City and MHC Budgets
Mayor/Chair Dutrey announced the City Council and Montclair Housing Corporation will hold a special joint meeting to adopt their respective annual budgets and take other related actions.

3. Notice of Cancellation of July 5, 2022 Regular Joint Meeting Mayor/Chair Dutrey announced the July 5th regular joint meeting is cancelled and the next regular meeting will be on Monday, July 18, 2022.

4. Mayor Dutrey made the following comments:
(a) He requested tonight’s meeting be adjourned in memory of his father, who passed away at the age of 97. He stated his father worked in dairy, landscaping, and hotel
management. He added his father instilled in him pride in his family’s Basque heritage, and inspired him to go into politics.

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Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – June 20, 2022 Page 8 of 10 (b) He expressed his sadness about the recent shooting
deaths of two El Monte police officers.
(c) He announced a new COVID–19 testing site has opened at the Christian Development Center on Mondays,
Wednesdays, and Fridays.
(d) He noted yesterday was notable for celebrating two
things—Father’s Day and the newly recognized national
holiday, Juneteenth, which commemorates the day an
Army officer informed slaves in Texas about the signing of the Emancipation Proclamation.
(e) He stated since the July 5th meeting would be cancelled, he would like to recognize the following upcoming
holidays and days of celebration in July: Canada Day on July 1st, Independence Day on July 4th, Bastille Day
celebrated in France on July 14th, and National Parents Day observed on July 24th.
(f) He congratulated Metro Auto Group on its new digital freeway sign.

E. Council Members/Directors

1. Council Member/Director Johnson commented as follows:
(a) She attended the reveal event for the new San Bernardino County (SBC) memorial to the victims of the terrorist attack that occurred on December 2, 2015. She described how
touching it was that each victim was dedicated an alcove with a bench inscribed with a quote chosen by their family. (b) She stated her concern with maintaining Montclair’s housing stock now that the Redevelopment Agency is no
longer here to help fund efforts like the Neighborhood
Partnership. She indicated Fourth District SBC Supervisor Curt Hagman has agreed to help to fund renewed efforts
as long as the City can provide volunteers, and the City’s Code Enforcement Team has agreed to help. She
emphasized the importance of maintaining the housing
stock to keep property values up and attract new
businesses.
(c) She attended a Juneteenth celebration in Ganesha Park in Pomona, which emphasized “Liberty and Justice for All”. (d) She wished a Happy Birthday to City Attorney Robbins and Finance Manager Kulbeck.

2. Council Member/Director Lopez made the following comments:
(a) He stated last month the Montclair Little League finished its season and the AAA All Star games have begun.
(b) He expressed that Juneteenth is not just about Black independence, but independence for all. He noted it took

2.5 years for the last slave to be freed after the
Emancipation Proclamation was signed. He stated slavery is one of the United States’ greatest sins because all are equal.
(c) He noted there have been five deaths in five weeks from traffic accidents and urged everyone to slow down. He
asked what residents can do to get speed bumps on their streets, noting one street residents have asked about is the sharp corner where eastbound Palo Verde Street becomes
southbound Helena Avenue, which already has a flashing
sign and reflective signs that aren’t preventing excessive speeds and accidents.

City Manager Starr advised speed bumps are only allowed in parking lots according to the Department of Transportation Manual on Uniform Traffic Control Devices, and MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 250 of 259

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Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – June 20, 2022 Page 9 of 10 speed humps are only allowed on streets with speed limits lower than 25 miles per hour. He advised there is a
petition process for home owners that would trigger a
study to determine whether a speed hump is appropriate
for the street.
(d) He asked for a report on the I–10 Freeway accident in Montclair that occurred on June 13 because he has seen a lot of misinformation online about the incident.

Chief Avels advised the California Highway Patrol is in charge of that investigation, and Montclair officers only assisted at the scene because the debris field ended up on the car dealership property in the City’s jurisdiction. (e) He asked if the alleyway behind his home on San
Bernardino Street would be repaved or repaired this year.

City Manager Starr indicated it was not on this year’s list. (f) He asked if the City was hosting alleyway cleanup events.

City Manager Starr advised Code Enforcement used to host those events but has not due to staffing shortages. He
noted that program may start up again soon.
(g) He stated he prays the shooting incident that occurred in El Monte costing the lives of two law enforcement officers would never happen in Montclair.

3. Mayor Pro Tem/Vice Chair Ruh made the following comments:
(a) He condemned the person who posted photos of the I–10 Freeway accident on social media, stating it is disrespectful to the victims’ families.
(b) He stated on June 19, 1865, Union Army General Gordon Granger arrived in Galveston, Texas to announce the
signing of the Emancipation Proclamation, which was
signed on January 1, 1863 and only initially applied in Union territories. He noted the Thirteenth Amendment
was ratified on December 6, 1865.
(c) On Friday he attended the Gold Line’s “halfway celebration,” having completed half of the line’s construction work from Azusa to Pomona. The event was well–attended by elected representatives who spoke in support of continuing the
Gold Line to Montclair.
(d) He emphasized the seriousness of the drought, noting reservoirs are at less than 30 percent capacity.
(e) He stated the El Monte police officers were residents of Upland, so their deaths hit close to home. He commended Senator Susan Rubio, who attended the memorial service. (f) He stated on Saturday he attended an event honoring Senator Rubio and Assembly Member Freddie
Rodriguez, noting they show that elected officials can
work together across the County line.
(g) He warned there is a rise in COVID–19 cases and urged everyone to be careful, noting thousands have died in San Bernardino County from the disease.
(h) He noted that while many complain of people driving too fast, another issue is when people drive too slow and
impede the flow of traffic.

F. Committee Meeting Minutes

1. Minutes of Personnel Committee Meeting of June 6, 2022 The City Council received and filed the minutes of the Personnel Committee meeting of June 6, 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 – June 20, 2022 Page 10 of 10 XI. CLOSED SESSION
At 8:04 p.m., the City Council went into closed session to discuss labor negotiations and pending litigation.

XII. CLOSED SESSION ANNOUNCEMENTS
At 8:17 p.m., the City Council returned from closed session. Mayor Dutrey announced the City Council met in closed session to discuss labor negotiations; information was received and direction given to staff; and no further announcements would be made at this time.

At 8:17 p.m., Council Member Lopez left the meeting.

At 9:03 p.m., the City Council returned from closed session. Mayor Dutrey announced the City Council met in closed session to discuss pending litigation; information was received and direction given to staff; and no further announcements would be made at this time.

XIII. ADJOURNMENT
At 9:04 p.m., Chair Dutrey adjourned the Successor Agency Board, Montclair Housing Authority Commission, and Montclair Community Foundation Board.

At 9:04 p.m., Mayor/Chair Dutrey adjourned the City Council and Montclair Housing Corporation to Wednesday, June 22, 2022, at 6:00 p.m. in the City Council Chambers for the Preliminary Budget Review workshop.

The meeting was adjourned in memory Jean Dutrey, Montclair resident and business owner and father of Mayor Javier John Dutrey.

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

Andrea Myrick
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 252 of 259

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Adjourned Joint City Council/Montclair Housing Corporation Board Meeting Minutes – June 22, 2022 Page 1 of 5

MINUTES OF THE ADJOURNED JOINT MEETING OF THE

MONTCLAIR CITY COUNCIL AND MONTCLAIR HOUSING
CORPORATION BOARD HELD ON WEDNESDAY, JUNE 22, 2022,
AT 6:02 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 6:02 p.m.

II. ROLL CALL

Present: Mayor/Chair Dutrey; Mayor Pro Tem/Vice Chair Ruh; Council Members/Directors Johnson, Martinez, and Lopez
City Manager/Executive Director Starr; Finance Manager
Kulbeck; Human Services Director Richter; Director of
Community Development Diaz; City Clerk Myrick
Mayor/Chair Dutrey stated he would move Item IV, Public Comment, up on the agenda to take comments prior to the presentation.

IV. PUBLIC COMMENT
A. Mr. Luciano Quezada introduced himself as the new field representative for U.S. Representative Norma Torres of the 35th Congressional District and stated he is excited to work with Montclair.

III. COUNCIL/MHC BOARD WORKSHOP
A. Fiscal Year 2022–23 Preliminary Budget Review Presentation Finance Manager Kulbeck discussed the FY 2022–23 Preliminary Budgets for the City of Montclair and the Montclair Housing Corporation with the aid of a PowerPoint presentation.

During the first segment of her presentation, Finance Manager Kulbeck noted a $2,887,720 surplus exists in the preliminary General Fund Revenues Budget, and the General Fund Unassigned Reserve is at $7.26 million—approximately 22.29 percent of the preliminary General Fund Operating Appropriations Budget, nearing compliance with the Council’s Unassigned Reserve Ratio goal of 25 percent. She reviewed significant revenue components of the budget, including property, sales and use, and transactions and use taxes. She then presented the 2022–23 Preliminary Budget Appropriations for the departments and General Fund transfers. She also reviewed recent and ongoing efforts designed to enhance City revenues including evaluating service contracting; considering a commercial cannabis program and related fee structure; promoting development within the North Montclair Downtown and Montclair Place Specific Plans; promoting housing, commercial, and industrial development projects throughout the community; and adopting the General Plan Update and Arrow Highway Mixed Use District Specific Plan.

Council Member Lopez received confirmation that the second tranche of the American Rescue Plan funds are coming in the third quarter of 2022.

Council Member Martinez received clarification that decreased revenues are the result of the City’s projections for debt service.

In the next segment of the presentation, Finance Manager Kulbeck discussed personnel services for the upcoming Fiscal Year including reclassifying positions, creating new positions, and restoring previously–eliminated positions.

Council Member Lopez received clarification on the addition of a Police Dispatch Supervisor position, which Executive Director of Public Safety/Police Chief Avels anticipates converting to a regular Dispatcher position in the near future.

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In the portion titled “Building a Better Montclair,” Finance Manager Kulbeck discussed efforts the City has undertaken and future strategies identified to improve fiscal and quality of life conditions in the City including:
 Forming a new Transactions and Use Tax District with the passage of Measure L at the 2020 Election, which significantly improved revenues;
 Evaluating service contracting for specified programs for cost savings; considering a Proposition 64 Commercial Cannabis Compliance program including potentially bringing forth a ballot measure at the 2022 General Municipal Election;
 Promoting development within north Montclair; adding
services and improving operational capacity at the Montclair Transcenter; and
 Retitling the Economic Development Department as the
Economic Development Agency (EDA) to emphasize its
evolving role as an extension of the former Montclair
Redevelopment Agency (RDA) by seeking Opportunity Zone
designation for areas in the City’s Sphere of Influence as an annexation and improvement strategy, and acquiring
neglected properties to ensure quality development projects and provide affordable housing.

Other goals discussed for “Building a Better Montclair” included:
 Addressing homelessness through the Code Enforcement
Division, California’s new CARE Court, developing a shelter program, and joining the San Gabriel Valley (SGV) Housing Trust Fund (HTF) or the San Bernardino County Council of Governments’ (SBCOG) HTF, if established, to receive funding for various housing and homelessness–related programs;
 Establishing an Inflation Control Expenditure Fund as a shock absorber for unanticipated higher costs due to inflation;  Continuing to use 2021 Lease Revenue Bond and grants funds for park improvements and infrastructure projects identified by the City Council in 2021;
 Performing an employee wage compensation analysis to bring wages in alignment with the average of comparable positions in survey agencies in an effort to address issues with
employee recruitment and retention;
 Providing an Employee Inflation Bonus Adjustment (IBA) which would give each full–time employee $1,500 and each part– time employee $1,000 to address the current inflation rate that is at its highest level in 40 years; and
 Implementing a Flashing Stop Sign Replacement Program to improve safety for pedestrians, cyclists, and motorists on City streets.

Mayor Pro Tem Ruh asked if the City has money set aside to join a Housing Trust Fund.

City Manager Starr indicated the City Council budget has $30,000 earmarked for that purpose.

Mayor Pro Tem Ruh suggested the City explore more innovative ways to address homelessness such as tiny home villages with wrap– around services to serve as transitional housing.

City Manager Starr advised the City has spoken with one developer at a conference that has built similar projects and plans to engage them and others in the future when opportunities arise.

In the final segment of her presentation on the City’s budget, Finance Manager Kulbeck reviewed Special Purpose Funds established to address current and future liabilities, programs, projects, and goals MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 254 of 259

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Adjourned Joint City Council/Montclair Housing Corporation Board Meeting Minutes – June 22, 2022 Page 3 of 5
requiring a commitment of funds not incorporated in the General Fund Operation Budget; and debt service on the 2014 and 2021 issues of Lease Revenue Bonds and 2021 Pension Obligation Bonds.

Council Member Johnson asked if the City has contracts for homeless case management.

City Manager Starr stated the Code Enforcement Division will be developing a program with community partners, which will be presented to the City Council when it is more fleshed–out.

Council Member Johnson asked if the City has funds for assisting seniors with home repairs.

City Manager Starr advised City funds are restricted for such uses and the City’s former RDA had funds for those purposes. He advised now the City would need to seek grant funds to provide such a program.

Council Member Martinez asked if the IBA would be a bonus or a wage adjustment.

City Manager Starr confirmed it would be a one–time bonus.

Mayor Pro Tem Ruh received confirmation that the IBA is non–PERS– able (not calculated as part of the employee’s regular wages for the California Public Employees Retirement System’s purposes).

Council Member Lopez asked which departments house the part– time benefited (PTB) positions.

Finance Manager Kulbeck advised one is an Administrative Technician in the Fire Department, and there are two vacant PTB positions in the Information Technology Department.

Council Member Lopez stated he feels the contracted Fire Marshal position should be converted to an in–house position based on negative feedback he’s received about the current contractor.

City Manager Starr stated staff has been very satisfied with the work of the contracted Fire Marshal, and the company also provides access to additional expertise and information that an in–house position would not have.

Council Member Lopez expressed concern that the EDA could be seen as a tool to circumvent the dissolution of the RDA.

City Manager Starr advised the EDA does not operate under state law as the RDA did, and the state law that governed RDAs was repealed.

He noted the EDA would not follow community redevelopment law; calling it the Economic Development Agency and operating it as a separate entity would simply give it more credibility.

Mayor Dutrey concurred, stating the City is currently trying to expand its economic capabilities.

Council Member Lopez asked if SBCOG establishes a HTF, would the City join both SBCOG’s and the SGV’s, or choose one over the other? City Manager Starr noted staff is still evaluating the situation and has not yet been accepted into the SGV HTF. He stated the County has no clear parameters and is discussing very high membership fees.

Staff currently feels the SGV HTF is a safer bet because it is already established and has proven effective at developing grant funds.

Mayor Pro Tem Ruh stated he hopes the City can join the SGV HTF, noting Montclair shares its western boundary with the cities of Pomona and Claremont, which are currently members.

Council Member Lopez asked if any hotels have offered to work with Code Enforcement to house the homeless besides the Welcome Inn.

City Manager Starr stated no others have been interested.

Council Member Lopez stated his concerns about the state’s CARE Court, noting he feels that the program would force people to go to court and either get mandated care or go to prison.

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City Manager Starr stated he understands there are similar concerns from opponents surrounding CARE Court and believes the stigma stem from the bad reputation of the mental health institutions of the 1960s, which was addressed in the plan. He advised incarceration would only be an option if a person enters the program through criminal court.

Council Member Lopez stated he is happy to hear staff is trying to establish Opportunity Zones in the Sphere of Influence and asked if the City will annex those areas.

City Manager Starr confirmed the City is interested in annexing the areas within the City’s Sphere of Influence, noting the General Plan Update will include a Sphere of Influence component. He added the area is not currently designated as an Opportunity Zone with the state because the County never sought that designation, and staff is trying to work with the County to resolve that issue.

Mayor Dutrey stated he appreciates the inclusion of flashing stop signs throughout the City in this budget, and an IBA for employees.

At 7:30 p.m., Mayor/Chair Dutrey called for a brief recess.

At 7:39 p.m., Mayor/Chair Dutrey reconvened the meeting with all Council Members/Directors present.

Mayor Dutrey asked if the City’s application was successful for grant funds to purchase a fire engine.

City Manager Starr said we expect to hear soon.

Mayor Dutrey stated his expectation that the City will purchase an engine using the General Fund if the grant does not come through.

City Manager Starr indicated it would be staff’s intention to do so, especially now having a healthy reserve fund, a new tax revenue source, and economists predicting a recession in the coming years, which may take away that opportunity.

Council Member Johnson stated she is happy that all positions in the budget are funded, even if vacant, and that the budget includes the installation of flashing stop signs.

Council Member Lopez concurred about the flashing stop signs and stated he hopes the City continues to find additional safety and traffic calming methods. He also commended the establishment of an inflationary protection account. He asked where the money would come from for on–demand speed humps when petitioned by the community.

City Manager Starr advised those costs would not be reflected in the budget since they are on–demand services, and costs would be absorbed into existing funds unless a larger amount is needed than budgeted, in which case the City Council would approve the additional allocations from reserves or other sources. He added the federal Manual on Uniform Traffic Control Devices also restricts where speed humps can be placed, and to be considered a street’s speed limit must be under 25 miles per hour.

Council Member Lopez stated he is generally happy with this budget, especially the reserve fund being at $7 million and no drastic changes. He stated he is opposed to the Environmental, Social, and Governance (ESG) investment practices and strategies referenced in the City Manager’s Budget Message.

City Manager Starr clarified the ESG is a voluntary investment strategy that CIM Group is pursuing in its development of the mall property, and while the City does not have any direct involvement with it, staff welcomes and supports their endeavor.

Council Member Lopez stated there is legislation being proposed that would mandate it on localities, and he opposes that effort.

Mayor Pro Tem Ruh expressed his approval for the budget, noting he wishes more money was in reserves with the looming economic MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 256 of 259

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downturn, adding the good times don’t last. He warned the City needs to be careful how it utilizes the extra funds coming in from Measure L, and using too much of it for long–term commitments. He stated his appreciation for the housing efforts, noting those who work here should be able to afford to live here.

Mayor Dutrey stated for a small city with a population of 40,000, Montclair is doing a great job and provides more services than most cities its size. He stated he is happy this budget provides for flexibility. He pointed out that we are now feeling the effects of the great resignation, but a recession may make it easier to hire and retain future employees.

V. ADJOURNMENT
At 8:08 p.m., Mayor/Chair Dutrey adjourned the City Council and Montclair Housing Corporation Board and announced the special meeting would be held on Tuesday, June 28, 2022, at 6:30 p.m. in the City Council Chambers to consider adoption of the Fiscal Year 2022–23 City and MHC Budgets and to consider actions on other related matters.

Submitted for City Council/Montclair Housing
Corporation Board approval,

Andrea Myrick
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 257 of 259

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Special Joint City Council/Montclair Housing Corporation Board Meeting Minutes – June 28, 2022 Page 1 of 2

MINUTES OF THE SPECIAL JOINT MEETING OF THE MONTCLAIR

CITY COUNCIL AND MONTCLAIR HOUSING CORPORATION
BOARD HELD ON TUESDAY, JUNE 28, 2022, AT 6:53 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 6:53 p.m.

II. PLEDGE OF ALLEGIANCE
Mayor/Chair Dutrey led meeting participants in the Pledge.

III. ROLL CALL

Present: Mayor/Chair Dutrey; Mayor Pro Tem/Vice Chair Ruh; Council Members/Directors Johnson, Martinez, and Lopez
City Manager/Executive Director Starr; Finance Manager Kulbeck; Director of Human Services Richter; Director of Community Development Diaz; City Clerk Myrick
IV. PUBLIC COMMENT — None
At 6:55 p.m., Mayor/Chair Dutrey called a brief recess.

At 6:59 p.m., Mayor/Chair Dutrey reconvened the meeting with all Council Members/Directors present.

V. CONSENT CALENDAR
Moved by Mayor Pro Tem/Vice Chair Ruh, seconded by Council Member/Director Martinez, and carried unanimously 5–0 to approve the Consent Calendar as presented:

A. Resolutions

1. Adoption of Resolution No. 22–3363 Authorizing Approval of the Change in Population in San Bernardino County
During 2021 for the Purpose of Calculating the Gann
Spending Limit for Fiscal Year 2022–23
The City Council adopted Resolution No. 22–3363 authorizing approval of the change in population in San Bernardino County during 2021 for the purpose of calculating the Gann Spending Limit for Fiscal Year 2022–23.

2. Adoption of Resolution No. 22–3364 Establishing an
Appropriations Limit for Fiscal Year 2022–23 Pursuant to Article 13–B of the California Constitution and to Section 7910 of the Government Code
The City Council adopted Resolution No. 22–3364 establishing an appropriations limit for Fiscal Year 2022–23 pursuant to Article 13–B of the California Constitution and to Section 7910 of the Government Code.

3. Adoption of Resolution No. 22–3365 Adopting the City of Montclair Fiscal Year 2022–23 Annual Budget
The City Council adopted Resolution No. 22–3365 adopting the City of Montclair Fiscal Year 2022–23 Annual Budget.

4. Adoption of Resolution No. 22–01 Adopting the Fiscal Year 2022–23 Budget for the Montclair Housing Corporation
The Montclair Housing Corporation Board of Directors adopted Resolution No. 22–01 adopting the Fiscal Year 2022–23 Budget for the Montclair Housing Corporation.

VI. PULLED CONSENT CALENDAR ITEMS — None
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VII. ADJOURNMENT
At 7:00 p.m., Mayor/Chair Dutrey adjourned the City Council and Montclair Housing Corporation Board.

Submitted for City Council/Montclair Housing
Corporation Board approval,

Andrea Myrick
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 07/18/2022 Page 259 of 259

CITY OF MONTCLAIR

TREASURER'S REPORT

FOR THE MONTH ENDING
JUNE 30, 2022

TABLE OF CONTENTS
SCHEDULE 1
STATEMENTS OF COMPLIANCE WITH INVESTMENT POLICY AND INVESTMENT STRATEGY FOR JUNE 30, 2022 SCHEDULE2

STATEMENT OF CASH AND INVESTMENTS BY FUND
SCHEDULE 3

STATEMENT OF CASH AND INVESTMENT ACCOUNTS
GRAPH

CASH AND INVESTMENTS BY TYPE

COMPLIANCE STATEMENT

CITY OF MONTCLAIR

STATEMENTS OF COMPLIANCE WITH THE INVESTMENT POLICY

AND INVESTMENT STRATEGY
JUNE 30, 2022
The City has the following amount invested in various financial instruments. This conforms with the investment policy approved by the City Council.

Total Investments $ 32,845, 145
During the current month the City was in compliance with the internal control procedures set forth in the Investment Policy.

INVESTMENT STRATEGY FOR THE UPCOMING MONTH
SCHEDULE 1
During the upcoming month, surplus moneys will be invested in the Local Agency Investment Fund and other investments authorized in the Investment Policy. The City has sufficient monies available to meet expenditures during the next six month period.

SCHEDULE2

CITY OF MONTCLAIR

STATEMENT OF CASH AND INVESTMENTS BY FUND
AS OF JUNE 30, 2022
Beginning lnterfund Ending
El!!!.!!. Balance Recei(!!! Disbursements Transfers Balance General Fund $ 9,821,345.44 1,686,830.19 $ 2,334,820.16 $ (5,459,016.00) $ 3,714,339.47 (1) Gas Tax Fund (244,384. 72) 81,272.33 137,920.03 (301,032.42) (2) Road Maintenance - Section 2032 1,135,183.28 66,665.28 315.00 1,201,533.56 Measure I Fund 4,462,297.40 186,451.99 4,648,749.39
TrafllcSafety 98,144.55 19,853.31 117,997.86
DisabUify Access Fund - Bus. License 45,169.90 936.00 46,105.90 Parl< Maintenance 74,146.32 2,546.44 71,599.88
Parl< Development 1, 154,807.06 1,154,807.06
GDSG (60, 123.46) 49,763.47 6,575.46 (16,935.45) (2)
S82 Planning Grant (20,842.50) (20,842.50) (2)
Air Quality Improvement Trust 121,410.78 12,856.29 3,535.42 130,731.65 S8 Cty Cares Act lnfi'asllucture (23.476,98) 877.67 (24,354.65) (2) Senior Nutrition Progmm (65, 166.02) 47,733.56 21,926.83 (39,359.29) (2) American Resue Plan 2,399,402.75 8,687.25 (2,408,090.00) Forfeiture Fund - State 117,983.03 148.75 118, 131.78
Proposition 30/SB 109 105,575.65 5,730.41 99,845.24
SB 509 Public Safety 202,297.99 54,304.00 21.297.90 235,304.09 Forfeiture Fund-Federal!OOJ 309,333.43 309,333.43
Asset Seizure Fund 0.09 (0.01) 0.10
Section 11489 Subfund 42,145.21 26.25 42,171.46
Fed Asset Forfeiture-Treasury 132,792.88 612.49 132,180.39 School DislriCI Grant Fund 49,158.00 49,157.00 98,315.00 Slllle Supplemental Law Enforce 410,221.33 410,221.33
Local Law Enforcement Block Gr 15,005.00 15,005.00
PC 1202.5 Crtme Prevention 2,246.45 32.69 2,279.14
Recycling Grant Fund 76,217.67 76,217.67
Homeless Emergency Aid Program (261.41) (261.41) (2)
Bureau of Justice Assistance (111.00) (111.00) (2)
Statewide Park Dev Grant 180,634.00 180,634.00
Homeless Housing Assist Preven 14,550.05 20,000.00 2,000.00 32,550.05 (2) LEAP Grant (33,706.50) 8,391.25 (42,097.75) {2)
Aller School Program Fund 731,569.96 148,766.45 165,878.46 714,457.95 OTSGrant
FIRSTS Fund 1,290.78 1,290.78
Safety Dept. Grants 265,272.70 22,242.82 287,515.52
OSMD Immunization Grant 1,370.50 1,370.50 (2)
Kaiser Permanente Grant 4,441.35 254.13 4,187.22
Resource Genter Grant - OMSD 21,502.95 1,912.35 19,590.60 Titie 1118 Sr Support Services (6,204.04) 7.442.24 4.670.30 (3,432.10) (2) Community Foundation Grent 15,442.95 335,76 15,107.19
ASES Supplemental Grant 140,448.29 14.110.53 6,967.02 147,591.80 E.M.S. - Paramedic Fund 7,505,76 4,519.33 2,638.40 9,386.69 (3) Economic Development 5,043,677.32 134,878.43 4,908,798.89 City Contributions/Donations Fund 500.00 500.00
Sewer Operating Fund 2,678,256.62 401,491.33 501,822.41 2,577,925.54 Sewer Replacement Fund 2,244.611.29 2,244,611.29
CFD 2011-1 (Paseos) 169,525.63 3,527.60 165,998.03
CFD 2011-2 (Arrow Station) 89,959.55 89,959.55
Inland Empire Utility Agency 1,059,574.21 2,824,806.61 3,884,380.82 Sewer Expansion Fee Fund 008,993.83 243,210.00 852,203.83 Developer Impact Fees - Local 1,172,464.90 1,172,464.90 Developer Impact Fees - Regional 77,950.83 77,950.83
Burrtec Pavement Impact Fees 158,349.61 158,349.61
PUC Reimbursement Fund-MVGS 324,111.38 324,111.38
Utility Underground In-Lieu 340,516.52 340,516.52
General Plan Update Fee 99,522.59 598.96 100,121.55
Housing Fund 555,708.20 555,708.20
Public Education/Govt. PEG Fee Fund 78,061.95 78,061.95 lntrastructure Fund (573,798.26) 183,050.63 (756,848.89) (4) GOVID-19 (95,360.56) 7,043.15 (102,423.71)
Successor Agency Bonds-Taxable 4,802,562. 13 4,802,562.13 Successor Agency Bonds-Tax Exempt 8,013,090.62 15,148.00 7,997,942.62 2014 Lease Revenue 80nd Proceeds (284,589.74) (284,589.74) 2021 Lease Revenue Bond Proceeds (246,284.52) 21,262.35 (267,546.87) 2014 Lease Revenue Bond Debt Svc {732,978.49) 207,658.38 {525,320.11) (5) 2021 Lease Revenue Bond Debt Svc 1,725,255.75 1,725,255.75 Pension Obligation Bond Debt Svc (917,644.32) 914,144.32 (3,500.00) Contingency Fund 233,836.96 (233,836.00) 0.96 111
Assigned General Fund Reserves 12,013,591.82 1 303.74 8,07!l;.699.18 20,090,987.26 (1) TOTALS $ 60,329,077.69 $ 7066471.51 $ 3,5971241.78 $ $ 63,798,307.42 Negative Cash Notes follow this presentation.

Notes on Negative Cash Balances
(1) The General Operating Fund may have a negative cash for the majority of the fiscal year awaiting property and sales tax collections. This is covered by the Contingency Fund and other General Fund Reserve Funds until those collections are received. As Contingency and General Reserves exceed this negative, the City is not utilizing restricted resources. (2) These are reimbursable grant funds that utilize general pool monies initially to cover expenditures pending reimbursement from the granting agencies. Therefore, it is not uncommon for these to be negative until that reimbursement is received. (3) This fund has operational deficits annually. At the end of the fiscal year it is restored by a General Fund Transfer. (4) The Infrastructure Fund receives transfers from other funds to accomplish infrastructure projects. Those transfers are usually recorded when the projects nears completion or prior to mid-year budget preparation. Any negative in that fund will be eliminated at those times. Transfers from these funds (C.D.B.G., Gas Tax, Measure I, etc.) may go negative on cash pending collections of these revenues. In this way we can determine if obligations for projects are exceeding current resources. (5) This debt service operation utilizes transaction and use taxes which are part of the sales tax and Successor Agency property taxes. These have been sufficient in prior fiscal years to cover the necessary debt service; however, they are not completely received until fiscal year-end. Once debt service is covered the excess will be transferred to the General Fund.

CITY OF MONTCLAIR

STATEMENT OF CASH AND INVESTMENT ACCOUNTS
AS OF JUNE 30, 2022
Par Value

CHECKING ACCOUNT
Checking Account
Asset Seizure Account
Purchase
Date
CASH W/FISCAL AGENT, CD's, LAIF DEPOSITS, AND
SHORT-TERM U.S. AGENCY SECURITIES
Local Agency Investment Fund {LAIF)
First American Government
U.S. AGENCY SECURITIES
TOTAL
Current market values obtained from US Bank.

Maturity
Date
Coupon
Interest
Rate

0.990%
Current
Market
Value
30, 766, 154.12
2,000,000.00
$ 32,766, 154.12
$
Balance
at Cost
30,845, 144.83
2,000,000.00
SCHEDULE 3
Totals
$ 30,950,693.84
$ 2,468.75
$ 32,845, 144.83
$
$ 63,798,307.42
• LAI

CITY OF MONTCLAIR

CASH AND INVESTMENTS BY TYPE
June 30, 2022
Total Cash & Investments $63, 798,308
• Investments

3.10%
D Checking

48.50%

CITY OF MONTCLAIR AS SUCCESSOR TO

THEREDEVELOPMENTAGENCY

TREASURER'S REPORT

FOR THE MONTH ENDING
June 30, 2022

CITY OF MONTCLAIR AS SUCCESSOR TO

THE REDEVELOPMENT AGENCY

STATEMENT OF CASH BY FUND
June 30, 2022

COMBINED OPERATING FUND
Operating (15,426.76) $ ( 15,426. 76)
LRPRP Fund
Operating 0.00 $ 0.00
RORF 1, 122,307.84
RORF Area I 0.00
RORF Area II 0.00
RORF Area Ill 0.00
RORF Area IV 0.00
RORF Area V 0.00
RORF Area VI 0.00 $ 1, 122,307 .84
TOTAL CASH $ 1, 106,881.08
Checking Account
US Bank

TOTAL CASH
NOTE:

CITY OF MONTCLAIR AS SUCCESSOR TO

THE REDEVELOPMENT AGENCY

STATEMENT OF CASH
June 30, 2022
1, 106,881.08
1, 106,881.08
In accordance with State law, the Successor Agency receives the monies necessary to cover its obligations for the upcoming six month period. The monies are received in January and June of each year.

The Successor Agency has sufficient funds available to meet expenditures during the upcoming six-month period.

CITY OF MONTCLAIR AS SUCCESSOR TO

THEREDEVELOPMENTAGENCY

WARRANT REGISTER

FOR THE MONTH ENDING
June 30, 2022
City of Montclair
Final Warrant Register
Council Date 07 /18/2022
Regular Warrants
Checking Account: Successor to the RDA
SRDA Combined Operating Fund
RORF
(Redevelopment Obligation
Retirement Funds)
Warrants

0.00. 0.00

0.00 June 2022 Total
Note: Reimburse City for 6/9 payrolls
Reimburse City for 6/23 payrolls
Vice Chair Ruh
US Bank
transfers
6, 176.35

0.00 6,176.35
Area Totals
6,176.35

0.00 6,176.35
Book Transfer Daily Activity Detail

CITY OF MONTCLAIR
SinglePoint
Reported Activity From 06101/2022 To 06130/2022
Printed on 07/11/2022 at 8:11 AM PDT
rm3bank.

Effective Date Amount From: Debit Account Number To: Credit Account Number Status 06/23/2022
Debit Account Name
Debit Account Type
Credit Account Name
Credit Account Type
Template Name
Memo
Initiate Date
Initiate Time
Initiated By
Completed Date
Completed Time
$2948.88 153499275813

CITY OF MONTCLAIR SUCCESSOR AGENCY
DDA

CITY OF MONTCLAIR GENERAL ACCOUNT
DOA
Reimburse City for 06/23/22 Payroll
06/2312022
10:26AM CDT

JKULBECK
06/23/2022
10:26AM CDT
153499275805 Completed
Effective Date Amount From: Debit Account Number To: Credit Account Number Status 06/09/2022
Debit Account Name
Debit Account Type
Credit Account Name
Credit Account Type
Template Name
Memo
Initiate Date
Initiate Time
Initiated By
Completed Date
Completed Time
Total Number of Book Transfers:

Total Amount of Book Transfers:
-- End of Report ---

$3227.47 153499275813

CITY OF MONTCLAIR SUCCESSOR AGENCY
DOA

CITY OF MONTCLAIR GENERAL ACCOUNT
ODA
Reimburse City for 06/09122 Payroll
06/09/2022
01:49PM CDT

JKULBECK
06/09/2022
01:49PM CDT
2 $6,176.35
153499275805 Completed
Printed on 07111/2022 at 8:11 AM PDT

CITY OF MONTCLAIR

HOUSING CORPORATION

TREASURER'S REPORT

FOR THE MONTH ENDING
June 30, 2022

TABLE OF CONTENTS
SCHEDULE 1 -STATEMENT OF CASH AND INVESTMENTS

CASH AND INVESTMENTS GRAPH
Checking Account
US Bank
Investments
LAIF

CITY OF MONTCLAIR

HOUSING CORPORATION

STATEMENT OF CASH AND INVESTMENTS
June 30, 2022
Interest
Rate

0.99%
Market
Value
1, 710,750.88

TOTAL CASH & INVESTMENTS
NOTE:

Schedule 1
Book
Value
319,892.77
1,715,143.16
2,035,035.93
Pursuant to the Corporation's Investment Policy, all moneys are invested in banks, the Local Agency Investment Fund, and in securities with maturities of no greater than three years.

The Corporation has sufficient funds available to meet expenditures during the upcoming six-month period.

The Corporation is in compliance with the internal control procedures set forth in its Investment Policy.

Checking Acct

15.7%

CITY OF MONTCLAIR

HOUSING CORPORATION

CASH AND INVESTMENTS GRAPH
June 30, 2022
Total Cash & Investments - $2,035,036
Local Agency Investment
Fund

84.3%

CITY OF MONTCLAIR

HOUSING CORPORATION

WARRANT REGISTER

FOR THE MONTH ENDING
June 30, 2022
ACH
Warrants Transfers
107,701.30 0.00
June 2022 Total
US Bank transfers:

Reimburse City for 06/9 payroll
City of Montclair
Final Warrant Register
Council Date 07 /18/2022
Regular Warrants
Checking Account: MHC
Voided
Checks

0.00 US Bank
transfers
12,109.39
Reimburse City for MHC Exp-Statement of Information
Reimburse City for 06/23 payroll
Reimburse City for MHC Exp-Purchase Exterior Paint Projects Vice Chair Ruh
Totals
119,810.69
119,810.69
Accounts Payable
Checks by Date - Summary by Check Number
User: crarnirez
Printed: 7/11/2022 8:12 AM

MONTCLAIR
Check No Vendor No Vendor Name Check Date Check Amount
5329 ACIOOOl ACI Flooring, Inc. 06/09/2022 9,941.27
5330 Buch002 Buchbinder Maintenance, Inc. 06/09/2022 3,552.94 5331 EcolOOl Ecological Cleaning 06/09/2022 7,020.00
5332 HugoOOl Hugo Jaramillo 06/09/2022 10,475.00
5333 JGLOOI JGL Electric Company, Inc. 06/09/2022 4,850.00 5334 land012 Landscape Maintenance Unlimited 06/09/2022 7,940.00 5335 West036 Western Exterminator Company 06/09/2022 3,900.00 5336 Buch002 Buchbinder Maintenance, Inc. 06/23/2022 2,381.45 5337 EcolOOl Ecological Cleaning 06/23/2022 4,000.00
5338 HeleOOl Helena Gardens Owners Association 06/23/2022 2,439.12 5339 HugoOOl Hugo Jaramillo 06/23/2022 6,500.00
5340 rnont002 City of Montclair 06/23/2022 10,728.24
5341 Mont043 Montclair Meadows Owners Assoc 06/23/2022 1,800.00 5342 mont074 Monte Vista Water District 06/23/2022 5,943.77 5343 Nagc006 NAGCOGLASS 06/23/2022 175.00
5344 Publ008 County of San Bernardino Dept. of Public I 06/23/2022 1,016.00 5345 sout018 Southern California Edison Co 06/23/2022 667.33 5346 Sout021 Southern California Gas Co 06/23/2022 817.13 5347 ACIOOOl ACI Flooring, Inc. 06/30/2022 5,536.55
5348 land012 Landscape Maintenance Unlimited 06/30/2022 17,565.00 5349 Nagc006 NAGCOGLASS 06/30/2022 175.00
5350 West036 Western Extemunator Company 06/30/2022 277.50 Report Total (22 checks): 107,701.30
AP Checks by Date· Summary by Check Number (7/11/2022 8:12 AM) Page 1 Book Transfer Daily Activity Detail

CITY OF MONTCLAIR
Single Point
Reported Activity From 06/01/2022 To 06/30/2022
Printed on 07/11/2022 at 8:10 AM PDT
Effective Date Amount From: Debit Account Number To: Credit Account Number Status 06/23/2022
Debit Account Name
Debit Account Type
Credit Account Name
Credit Account Type
Template Name
Memo
Initiate Date
Initiate Time
Initiated By
Completed Date
Completed Time
$60.48 153499275821

MONTCLAIR HOUSING CORPORATION
DOA

CITY OF MONTCLAIR GENERAL ACCOUNT
DOA
Reimb City for MHC CalCard Purchase Exterior Paint Projects 06/23/2022
10:26AM CDT

JKULBECK
06/23/2022
10:26AM CDT
153499275805 Completed
Effective Date Amount From: Debit Account Number To: Credit Account Number Status 06/23/2022
Debit Account Name
Debit Account Type
Credit Account Name
Credit Account Type
Template Name
Memo
Initiate Date
Initiate Time
Initiated By
Completed Date
Completed Time
$6007.34 153499275821

MONTCLAIR HOUSING CORPORATION
DOA

CITY OF MONTCLAIR GENERAL ACCOUNT
DOA
Reimburse City for 06/23/22 Payroll
06/23/2022
10:26AM CDT

JKULBECK
06/23/2022
10:26AM CDT
153499275805 Completed
Effective Date Amount From: Debit Account Number To: Credit Account Number Status 06/09/2022
Debit Account Name
Debit Account Type
Credit Account Name
Credit Account Type
Template Name
Memo
Initiate Date
Initiate Time
Initiated By
Completed Date
Completed Time
$25.00 153499275821

MONTCLAIR HOUSING CORPORATION
DOA

CITY OF MONTCLAIR GENERAL ACCOUNT
DOA
Reimb City for MHC CalCard Expense Statement of Information 06/09/2022
05:57PM CDT

JKULBECK
06/09/2022
05:57PM CDT
153499275805 Completed
Effective Date Amount From: Debit Account Number To: Credit Account Number Status 06/09/2022
Debit Account Name
Debit Account Type
Credit Account Name
Credit Account Type
Template Name
Memo
Initiate Date
Initiate Time
Initiated By
Completed Date
Completed Time
Total Number of Book Transfers:

Total Amount of Book Transfers:
--- End of Report ---

$6016.57 153499275821

MONTCLAIR HOUSING CORPORATION
DOA

CITY OF MONTCLAIR GENERAL ACCOUNT
DOA
Reimburse City for 06/09/22 Payroll
06/09/2022
01:49PM CDT

JKULBECK
06/09/2022
01:49PM CDT
4 $12,109.39
153499275805 Completed
Printed on 07111/2022 at 8:1 O AM PDT

CITY OF MONTCLAIR

HOUSING AUTHORITY

TREASURER'S REPORT

FOR THE MONTH ENDING
June 30, 2022
Checking Account
US Bank

TOTAL CASH
NOTE:

CITY OF MONTCLAIR

HOUSING AUTHORITY

STATEMENT OF CASH
June 30, 2022
Schedule 1
Amount
3,178,959.69
$ 3,178,959.69
=============
During the upcoming month, surplus moneys will be invested in the Local Agency Investment Fund.

The MHA has sufficient monies available to meet expenditures during the next six month period.

CITY OF MONTCLAIR

HOUSING AUTHORITY

WARRANT REGISTER

FOR THE MONTH ENDING
June 30, 2022
Warrants
City of Montclair
Final Warrant Register
Council Date 07/18/2022
Regular Warrants
Checking Account: MHA
Voided US Bank
Checks transfers - out.

0.00 0.00 0.00
June 2022 Total
Vice Chair Ruh
Totals

0.00 0.00