Montclair City Council
January 16, 2024

REGULAR JOINT MEETING OF THE

CITY COUNCIL, SUCCESSOR AGENCY, MONTCLAIR HOUSING CORPORATION,

MONTCLAIR HOUSING AUTHORITY, AND MONTCLAIR COMMUNITY FOUNDATION to be held in the Council Chambers
5111 Benito Street, Montclair, California
Tuesday, January 16, 2024
7:00 p.m.

Remote Participation Information:

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Meeting ID: 937–1715–0550
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Video recordings of Council meetings are available on the City's website at https://www.cityofmontclair.org/council–meetings/ and can be accessed by the end of the business day following the meeting.

AGENDA
I. CALL TO ORDER City Council [CC], Successor Agency Board [SA], Montclair Housing Corporation Board [MHC],
Montclair Housing Authority Commission [MHA],
Montclair Community Foundation Board [MCF]
II. INVOCATION
In keeping with our long–standing tradition of opening our Council meetings with an invocation, this meeting may include a nonsectarian invocation. Such invocations are not intended to proselytize or advance any faith or belief or to disparage any faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation.

III. PLEDGE OF ALLEGIANCE
IV. ROLL CALL
V. PRESENTATIONS
A. Introduction of New Police Officer
B. Community Activities Commission Military Banner Presentation VI. PUBLIC COMMENT
During Public Comment, you may comment on any subject that does not appear on this agenda. Each speaker has up to five minutes. The meeting’s presiding officer may provide more or less time to accommodate speakers with special needs or a large number of speakers waiting in line. (Government Code Section 54954.3).

If you did not submit a Speaker Card and would like to speak on an item on the Consent Calendar, please raise your hand during Public Comment to announce the agenda item you would like to provide comments on. The presiding officer will call on you to speak at the time of the item’s consideration.

Under the provisions of the Brown Act, the meeting bodies are prohibited from participating in substantial discussion of or taking action on items not listed on the agenda.

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MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 1 of 101 Page No.

VII. PUBLIC HEARINGS
A. First Reading — Consider Ordinance No. 24–1005 Amending Title 11 of the Montclair Municipal Code, Chapters 11.02 (Definitions), 11.38 (Development Standards Generally), and 11.77 (Administrative Permit) to allow Monitored Electrified Security Fences in Specified Commercial and Industrial Zones within City Limits (Case No. 2023–35) [CC]
Consider Setting a Public Hearing for Second Reading and to Consider Adoption of Ordinance No. 24–1005 on Monday, February 5, 2024, at 7:00 p.m. in the City Council Chambers [CC] 4
VIII. CONSENT CALENDAR
A. Approval of Minutes

1. Regular Joint Meeting — December 18, 2023 [CC/SA/MHC/MHA/MCF] 94 B. Administrative Reports

1. Consider Receiving and Filing of Treasurer’s Report [CC] 19

2. Consider Approval of Warrant Register & Payroll Documentation [CC] 20

3. Consider Receiving and Filing of Treasurer’s Report [SA] 21

4. Consider Approval of Warrant Register [SA] 22

5. Consider Receiving and Filing of Treasurer’s Report [MHC] 23

6. Consider Approval of Warrant Register [MHC] 24

7. Consider Receiving and Filing of Treasurer’s Report [MHA] 25

8. Consider Approval of Warrant Register [MHA] 26

9. Consider Receiving and Filing a Report on Extraordinary Expenditures Related to All Cost Components Regarding the Matters of Garcia/Fuentes v. Lopez, Including Expenditures Related to Addressing Legal Claims, Conducting Investigations, Settlements, and Litigation [CC] 27

10. Consider Authorizing the Use of 2020 Justice Assistance Grant Funds Toward the Cost of Transitioning to a Records Management System Compliant with the National Incident–Based Reporting System [CC] 31

11. Consider receiving and filing the Fiscal Year 2022–23 Compliance Report for State–Mandated Annual Fire Inspections in the City of Montclair as Required by California Health and Safety Code Section 13146.4 [CC] 33 C. Agreements

1. Consider Approval of Agreement No. 24–01 with the County of San Bernardino to Provide for the Receipt of Grant Funds from the 2023 Justice Assistance Grant Award [CC]
Consider Authorizing City Manager Edward C. Starr to Sign Said Agreement [CC] 34
MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 2 of 101 Page No.

2. Consider Approval of Agreement No. 24–02, Amendment No. 4 to Agreement No. 73–230, a Joint Powers Authority (JPA) Agreement with the San Bernardino Council of Governments (SBCOG), Setting Forth a Process For Determining Annual Assessments to Member Agencies of SBCOG Effective Fiscal Year 2024–25 and each Fiscal Year Thereafter; Allowing for Optional Subscription Assessments for Specified Programs; and Establishing a Revised Annual Membership Fee for Montclair and Other Member Agencies of SBCOG for Fiscal Year 2024–25 [CC] 67

3. Consider Approval of Agreement No. 24–03 with Red Dot Industrial Park, LLC for the Maintenance and Use of the Common Walls at Reeder Ranch Park, Subject to any Revisions Deemed Necessary by the City Attorney [CC] 79
D. Resolutions

1. Consider Adoption of Resolution No. 24–3425 Authorizing Salaries and Classification Titles for City Employees on a Consolidated Salary Schedule [CC] 85
IX. PULLED CONSENT CALENDAR ITEMS
X. COMMUNICATIONS
A. Department Reports — None
B. City Attorney
C. City Manager/Executive Director
D. Mayor/Chairperson
E. Council Members/Directors
F. Committee Meeting Minutes (for informational purposes only)

1. Personnel Committee Meeting — December 18, 2023 [CC] 93 XI. ADJOURNMENT
The next regular joint meeting of the City Council, Successor Agency Board, Montclair Housing Corporation Board, Montclair Housing Authority Commission, and Montclair Community Foundation Board will be held on Monday, February 5, 2024 at 7:00 p.m.

Reports, backup materials, and additional materials related to any item on this Agenda distributed to the meeting bodies after publication of the Agenda packet are available for public inspection in the Office of the City Clerk between 7:00 a.m. and 6:00 p.m., Monday through Thursday. Please call the City Clerk’s Office at (909) 625–9416 or send an e–mail to [email protected] to request documents via e–mail.

If you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (909) 625–9416 or e–mail [email protected]. Notification prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35.102–35.104 ADA Title II)
I, Andrea M. Myrick, City Clerk, hereby certify that I posted, or caused to be posted, a copy of this Agenda not less than 72 hours prior to this meeting on the City’s website at https://www.cityofmontclair.org/agendas/ and on the bulletin board adjacent to the north door of Montclair City Hall at 5111 Benito Street, Montclair, CA 91763 on Thursday, January 11, 2024.

MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 3 of 101

CITY COUNCIL

AGENDA REPORT
DATE: JANUARY 16, 2024
SECTION: PUBLIC HEARINGS
ITEM NO.: A
FILE I.D.: CDV021
DEPT.: COMMUNITY DEV.

PREPARER: M. DIAZ
SUBJECT: FIRST READING — CONSIDER ORDINANCE NO. 24–1005 AMENDING TITLE 11 OF THE MONTCLAIR MUNICIPAL CODE, CHAPTERS 11.02 (DEFINITIONS), 11.38 (DEVELOPMENT STANDARDS GENERALLY), AND 11.77 (ADMINISTRATIVE PERMIT)

TO ALLOW MONITORED ELECTRIFIED SECURITY FENCES IN SPECIFIED COMMERCIAL AND INDUSTRIAL ZONES WITHIN CITY LIMITS (CASE NO. 2023–35)

CONSIDER SETTING A PUBLIC HEARING FOR SECOND READING AND TO CONSIDER ADOPTION OF ORDINANCE NO. 24–1005 ON MONDAY, FEBRUARY 5, 2024, AT 7:00 P.M. IN THE CITY COUNCIL CHAMBERS
REASON FOR CONSIDERATION: The City Council is requested to amend the Montclair Municipal Code (MMC) to allow monitored electrified security fences in specified commercial and industrial zones within City limits. Proposed Ordinance No. 24–1005, if approved, would make changes to the MMC and establish local regulations regarding the use of monitored electrified security fence systems in certain commercial and industrial areas in the City as a supplemental means for protecting outdoor areas from persistent trespassing, vandalism, and theft.

Adoption of an ordinance requires two readings, each held at separate public hearings before the City Council, with at least five days between each reading of the ordinance.

If the City Council requires substantial changes to the ordinance, the amended ordinance must be re–introduced at a public hearing at least five days prior to conducting the second reading and adopting the Ordinance.

A copy of proposed Ordinance No. 24–1005 is attached to this report.

BACKGROUND: Amarok, LLC, a nationwide electrified security fence company (applicant), is requesting a Zoning Code Amendment to allow the use of monitored electrified security fence systems within specified commercial and industrial locations of the City. Currently, the Municipal Code does not permit the use electrified security fences of any kind within City boundaries. California Civil Code of Section 835 allows the use of a low–voltage “electrified security fence system” to protect and secure commercial, manufacturing, or industrial property, if permitted by a local ordinance, and subject to specified minimum requirements. Moreover, Civil Code Section 835 (b) (1) does not allow the installation and operation of an “electrified security fence” in a residential zone. The proposed Ordinance would comply with State law including the prohibited use of electrified security fences in any residential zone, including mixed–use zones.

The request to allow monitored electrified security fencing originated from two industrial businesses located on the south side of Brooks Street abutting the railroad which have experienced ongoing difficulties in securing their properties from trespassing and theft.

The close proximity of the Union Pacific railroad corridor to the industrial properties abutting the corridor and nearby street overpasses have made them susceptible to ongoing vandalism and theft. Restricted access and lack of adequate visibility to the corridor contribute to the problem of adequately securing properties.

MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 4 of 101 On November 27, 2023, the Planning Commission conducted a public hearing and fully studied the proposed Ordinance. The Planning Commission recommended approval of the Ordinance with minor changes by a 5–0 vote (PC Resolution No. 23–1988). Planning Commission Resolution No. 23–1988 incorporates the requested changes.

Proposed Zoning Code Amendments
The proposed Ordinance would require changes to Title 11– Zoning and Development – of the Montclair Municipal Code (MMC). The full text of the proposed changes is contained in the proposed Ordinance, attached to this report.

A summary of the key provisions of the proposed Ordinance is as follows:
 New Definitions added to Section 11.02 Definitions:
“Electrified Fence” – means any fence, barrier, or enclosure partially or totally enclosing a building, field, or yard, carrying any electrical pulse or charge through any part, section, or element, which is designed to or placed so that a person or animal coming into contact with the conductive element of the fence receives an electrical shock. Any unmonitored electrified security fence within the City is prohibited. “Monitored Electrified Security Fence” – means a perimeter alarm system that transmits a signal intended to alert the business utilizing the system and an alarm monitoring service in response to an intrusion or burglary with an assembly of battery–powered equipment, including but not limited to:

1. A monitored alarm device and energizer which is intended to periodically deliver non–lethal electric pulses to a security fence;

2. A battery charging device used exclusively to charge the system's battery;

3. Audible and video surveillance equipment; and

4. Other integrated components.
“Key Box (e.g. “Knox Box”) means a secure device with a lock operable only by emergency personnel, and containing building entry keys and other keys that may be required for access in an emergency pursuant to the latest California Fire Code.  New Chapter at 11.38.100 – Monitored Electrified Security Fence The addition of Chapter 11.38.100 is to provide a set of regulations and procedures necessary for considering the approval of a permit to use an electrified security fencing system as a supplemental means to secure commercial or industrial property properties where other conventional means for securing a site have failed to protect outdoor areas.

The following are selected portions from the proposed text in Chapter 11.38.100.

Components of a Monitored Electrified Security Fence

1. Physical Barrier: An electric security fence consisting of 12.5 gauge galvanized steel wires running horizontally and supported by regularly spaced vertical support poles.

The wires would be no higher than 10 feet, or two feet higher than an existing permitted wall or decorative fence, whichever is lower. The electric security fence system is required to be 4–8 inches behind a minimum 6–foot–high non–electrified perimeter fence or wall.

MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 5 of 101

2. Power Source: The primary power source for this system is a 12V/DC battery, charged by a solar panel. No part of the system connects to the electrical grid, and it does not carry continuous current.

3. Shock: If a breach occurs, the electric fence delivers a 7,000–volt non–lethal shock to the trespasser. Activation of the electrified security fence would be only after business hours.

4. Alarms and Lights: Any attempt to scale or touch the fence triggers an alarm and turn on bright LED lights. When activated, the system will go into alarm mode and notify a monitoring operator.

5. Signs: Warning signs that read "Warning – Electric Fence" (in English and Spanish) at intervals of not more than 30 linear feet will be installed.

6. Certification: Electrified security fence systems are required to be constructed and operated in conformance with the specifications outlined in International Electrotechnical Commission (IEC) Standard No. 60335–2– 76, current edition.

Locations

1. Allowed in the Commercial and Industrial zones as specified in the Ordinance (e.g., outdoor storage, vehicle and large equipment rental, parking lots, etc.) and when deemed essential to supplement existing security measures.

2. Prohibited within specific plans, including the North Montclair Downtown Specific Plan (NMDSP) and Montclair Place District Specific Plan (MPDSP) areas.

3. Prohibited within 10 feet of a front or street–side property line or any public right– of–way.

4. Prohibited within 300 feet of a public park/open space, church, and/or school facility (public or private).

Amendment of Chapter 11.77 – Administrative Permit
To review and approve requests for electrified fences, Chapter 11.77 will be amended to add electrified security fence requests as a type of application subject to the approval and issuance of an Administrative Permit. As such, the following change to Section

11.77.020 (Scope) will be as follows:
“C. Applications to install electrified security fences pursuant to the requirements and findings contained in Chapter 11.38.100 of the MMC.” Discussion
The topic of electrified security fences first arose a few years ago by the applicant at the behest of existing businesses within an industrial area of the City located on Brooks Street along the Union Pacific Rail corridor. The intention was to provide an additional security option for these businesses to utilize in handling excessive trespassing and theft. At that time, City staff did not support the use of electrified fencing over concerns about the technology, aesthetics of such systems, and public safety. In 2023, following years of continuous and increasing problems with trespassing and theft they were experiencing, the issue of allowing electrified security fencing revived. In developing the proposed ordinance, staff considered how an electrified security fence might be used with the least impact on the community when necessary.

Monitored Electrified Security Fence
MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 6 of 101 The type of electrified fence system permitted under consideration in the ordinance is for a “monitored” system only, meaning that it operates in the same manner as a burglar alarm for open outdoor areas. The intent of installing a monitored electric security fence system is to help some businesses deter persistent criminal activity, where other measures have not been successful.

When contact occurs with the monitored electrified security fence, or the system detects a breach, an audible alarm triggers and sends a signal to a monitoring station. The monitoring station then verifies the reason for the alarm and either silences it or notifies emergency responders. Even if an intruder manages to breach the monitored electrified security fence, the monitoring component of the system has already detected the breach and the monitoring company initiates the process for verifying the nature of the situation before contacting law enforcement. As part of the approved permit, applicants would be required to comply with existing City provisions for alarm systems in the City.

Survey of Local Jurisdictions Policy on Monitored Electrified Security Fence Systems City staff surveyed a number of local jurisdictions on the use of monitored electrified security fence systems within their respective communities. Some cities prohibit their use while others have adopted an Ordinance or other policy procedure to address requests. Jurisdictions that allow electrical security fences limit their use to industrial or rural areas consistent with State law. Montclair’s proposed Ordinance would do the same.

Jurisdiction Allowed: Yes or No Review Process
Claremont No N/A
Upland No N/A
La Verne Yes Administrative Approval or CUP
Ontario Yes Administrative Approval or CUP
Colton Yes Administrative Approval or CUP
Fontana Yes Administrative Approval for Industrial
Areas only
Rialto Yes Administrative Approval or CUP
Riverside Yes Administrative Approval
San Bernardino Yes Industrial zones are located behind a primary fence.

San Bernardino
County
Yes Industrial districts and other limited
circumstances when required by City,
County, State, or Federal agency
Locations
State law already prohibits the use of an electrified security fence in residential areas, so electrified security fences of any kind are not permitted in residential areas of the City.

The prohibition would extend to existing and future mixed–use zones of the City where both residential and commercial uses are present or will be. In addition, the Ordinance prohibits the installation of any electrified security fence within 300 feet of a public park/open space, church, and/or school facility (public or private).

The primary locations where a monitored electrified security fence might be utilized are within the industrial zones of the City, particularly along the railway corridors that cut MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 7 of 101 across the City. More specifically, the type of businesses with a particular interest in a monitored electric security fencing system are those that have fleet vehicles and/or outdoor storage of high–value equipment (e.g., boom and scissor lifts, mini excavators, trailers, etc.) and supply or construction materials. Properties on the south side of Brooks Street that back up to the north side of the Union Pacific railroad corridor have been highly interested.

The Union Pacific corridor cuts through the middle of the City and has historically helped define the City’s industrial area. The railway primarily accommodates freight trains on at least three tracks within a right–of–way that ranges from approximately 100 feet on the west end of the City to over 300 feet in width where it meets the City of Ontario border. Over the past few years, thefts from idle freight trains have become a threat to one of California’s major supply chains. Due to the proximity of idle freight trains (adjacent to bridges and other areas along the San Antonio Flood Control Channel), neighboring businesses have also fell victim to similar crimes. Unlike the south side of the corridor, industrial properties directly abut the north side of the corridor for nearly all of its length through the City. Given the length and width of the Union Pacific corridor, respective distances from adjacent streets and limited visibility, the properties adjacent to the corridor have been more vulnerable to criminal activity (theft, trespassing, break– ins, etc.).

Aesthetics and Safety
The proposed standards in the Ordinance seek to maximize public safety and address aesthetic and security concerns to the greatest extent possible. Regarding the appearance of monitored electrified security fences, the Ordinance requires that they must be behind a minimum permitted six–foot decorative or solid fence or wall at prescribed or approved setbacks of the underlying zone. This requirement serves to mitigate/screen the presence of a permitted monitored electric security fence and prevent accidental contact. An existing or proposed chain link fence is not considered a decorative fence meeting the intent of the ordinance.

The visible wires extending above a fence or wall are slender and of a color that will somewhat blend into the sky behind them. Since each application and site will be different from another site, the Ordinance gives the Director the discretion to work with applicant to fine–tune the proposal and mitigate any potential site–specific visibility or aesthetic concerns that may be present.

As indicated above, the power source for the monitored electric security fence is a 12 Volt battery charged by a solar panel. As such, the system does not connect to the electrical grid or have a continuous current. The system will only provide a brief shock to repulse a person making contact with the wires when the fence system is activated.

During regular business hours, the system is required to be off and only operational after the property closes for the day/evening. Police and Fire Department personnel will be able to deactivate the fence to respond to calls for service. Staff believes the above features and standards, in addition to required warning signs, are appropriate measures to prevent inadvertent contact and risk of shock.

The Ordinance also requires all applicants issued permits to install or use a monitored electrified security fence system to defend, indemnify, and hold harmless the City from all claims, actions, or proceedings arising out of any personal injury, including death, or property damage caused by the electric fence.

Review Process
MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 8 of 101 Allowing a monitored electrified security fencing “by right” is not a part of the proposed ordinance as each request is subject to review on a case–by–case basis via the recommended Administrative Permit (AP) review process. Further, submittal of an application would not guarantee approval. Many cities use a similar administrative process, which is less complicated than processing a Conditional Use Permit (CUP) since approval runs with the land in perpetuity. The AP process offers an easier path to revoke a permit for failure to comply with the requirements of the ordinance.

As part of the review process, the party requesting approval to install a monitored electrified security fence is required to demonstrate the need for its use as a supplemental measure to bolster existing security measures on the property. In granting an AP for the use of a monitored electrified security fence system, the Director of Community Development may require additional conditions than those required by the provisions of Chapter 11.38.100, to protect both the health and safety of the public and property values in the area.

Although a monitored electric security fence system can provide an additional layer of protection, it cannot fully deter a person with a determined interest to trespass and/or steal; it can provide a reasonable deterrent. Finally, the use of an electrified security fence is not expected to be widespread in the community due to the requirements of the proposed ordinance and the cost of installing, operating, and maintaining a system.

Public Notice and Comment
On November 17, 2023, a notice of a public hearing on proposed Ordinance No. 24– 1005 was published in the Inland Valley Daily Bulletin per State law, for the November 27, 2023 Planning Commission meeting. Prior to the meeting, there were no comments regarding the proposal. During the meeting, in addition to the applicant, one business owner on Brooks Street provided comments in support of the proposed ordinance.

On January 5, 2024, a notice of a public hearing on proposed Ordinance No. 24–1005 was published in the Inland Valley Daily Bulletin per State law, for the January 16, 2024, City Council meeting. As of the writing of this report, staff received one comment in opposition to the proposed Ordinance.

Environmental Assessment
The project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) (Common Sense Exemption), 15301 (Existing Facilities), 15303 (New Construction or Conversion of Small Structures), and 15311 (Accessory Structures) of the CEQA Guidelines. As such, there is no substantial evidence that the proposed Ordinance will potentially significantly impact the environment.

FISCAL IMPACT: No impact to the General Fund. The applicant paid for the proposed code amendment process and will pay for the cost of public notifications in the Inland Valley Daily Bulletin. The cost for review of future Administrative Permit applications for a monitored electrified security fence would be borne by future property owners at the fee for such permits as listed on the established City Fee Schedule approved by and amended from time to time by the City Council.

MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 9 of 101 RECOMMENDATION: Staff recommends the City Council take the following actions:

1. Introduce and conduct the first reading of Ordinance No. 24–1005 to amend Title 11 of the Montclair Municipal Code, Chapters 11.02 (definitions), 11.38 (Development Standards Generally), and 11.77 (Administrative Permit) to allow monitored electrified security fences in specified commercial and industrial zones within the City Limits (Case No. 2023–35); and

2. Set a public hearing for second reading and to consider adoption of Ordinance No. 24–1005 on Monday, February 5, 2024, at 7:00 p.m. in the City Council Chambers.

MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 10 of 101 FIRST

READING
01/16/2024
Ordinance No. 24–1005 Page 1 of 8
ORDINANCE NO. 24–1005

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MONTCLAIR AMENDING CHAPTER 11.02 OF THE MONTCLAIR

MUNICIPAL CODE ADDING NEW DEFINITIONS INCLUDING A

DEFINITION FOR MONITORED ELECTRIFIED SECURITY FENCE
AND AMENDING CHAPTERS 11.38 AND 11.77 TO ADD TO

ESTABLISH NEW STANDARDS AND PROCEDURE FOR ALLOWING

MONITORED ELECTRIFIED SECURITY FENCES IN SPECIFIED

COMMERCIAL AND INDUSTRIAL ZONES WITHIN THE CITY
WHEREAS, on October 2, 2023, AMAROK, LLC, a full-perimeter security company based in Columbia, South Carolina, submitted an application requesting a zoning code amendment to allow monitored electrified security fence systems within the City boundaries; and
WHEREAS, AMAROK, LLC, is seeking a code amendment to the Montclair Municipal Code, that would allow business owners located on properties zoned C-3 (General Commercial Zone), MIP (Manufacturing Industrial Park Zone), M-1 (Limited Manufacturing Zone), and M-2 (General Manufacturing Zone) to allow the use of monitored electric fence security systems inside their existing perimeter fence or wall; and
WHEREAS, a “Monitored Electrified Security Fence System” means a perimeter alarm system that transmits a signal intended to alert the business utilizing the system and an alarm monitoring service in response to an intrusion or burglary; and WHEREAS, California Civil Code Section 835, allows the use of a low-voltage “electrified security fence” to protect and secure commercial, manufacturing, or industrial property, if permitted by a local ordinance, and subject to specified minimum requirements; and
WHEREAS, California Civil Code Section 835 (b) (1), does not allow the installation and operation of an “electrified security fence” in a residential zone; and WHEREAS, the City has received reports of several incidents involving trespassing, burglary, and major theft on properties located on the south side of Brooks Street adjacent to the Union Pacific Railroad right-of-way; and WHEREAS, on June 20, 2023, City staff met with the owners of two businesses on Brooks Street to discuss issues regarding incidents of trespassing, burglary, and major theft on properties occurring on their properties and their desire to enhance security utilizing an electrified security fence; and
WHEREAS, on July 17, 2023, the City Council Real Estate Committee staff discussed the potential use of monitored electric security fences within specific areas within the City; and
WHEREAS, the Montclair Municipal Code currently has no provisions addressing the use of monitored electrified security fence systems within the City, and is, therefore, not a permitted use; and
WHEREAS, the purpose of this Ordinance is to provide regulations and a process for considering the approval of permits for allowing the use of monitored electrified security fencing as a supplemental means for securing industrial and commercial properties where other conventional means for securing a site have failed to protect outdoor areas from persistent trespassing, vandalism, and theft activities; and WHEREAS, the purpose of this Ordinance is to add standards and procedures for monitored electrified fence systems to the Montclair Municipal Code; and WHEREAS, the City of Montclair, California (“City”) is a municipal corporation, duly organized under the California Constitution and laws of the State of California; and WHEREAS, pursuant to the police powers delegated to the City of Montclair by the California Constitution, the City is authorized to enact laws that promote the public health, safety, and general welfare of its citizens; and MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 11 of 101 FIRST

READING
01/16/2024
Ordinance No. 24–1005 Page 2 of 8
WHEREAS, the City Council deems it to be necessary and appropriate to provide for certain standards and regulations relating to the location, placement, design, construction, and maintenance of monitored electrified security fence systems on public and private property in the City; and
WHEREAS, the Planning Commission of the City of Montclair held a public hearing on November 27, 2023, after giving published notice of the proposed code amendment to allow monitored electrified security fences in specified locations within the City; and

WHEREAS, the Planning Commission adopted Resolution No. 23-1998, by a vote of 5 to 0, and recommended approval with minor changes of the Ordinance to the City Council; and
WHEREAS, on January 5, 2024, a notice of a public hearing for Ordinance No. 24- 1005 was published in the Inland Valley Daily Bulletin per State law for the January 16, 2024, City Council meeting, and
WHEREAS, the City Council of the City of Montclair held a public hearing regarding the proposed ordinance; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTCLAIR, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION I. The foregoing Recitals are adopted as findings of the City Council as though set forth fully within the body of this Ordinance.

SECTION II. Chapter 11.02 “Definitions” of Title 11 (Zoning and Development) of the Montclair Municipal Code is hereby amended to add the following definitions:

11.02 Definitions.
“Electrified Fence” – means any fence, barrier, or enclosure partially or totally enclosing a building, field, or yard, carrying any electrical pulse or charge through any part, section, or element, which is so designed or placed that a person or animal coming into contact with the conductive element of the fence receives an electrical shock. The use of any unmonitored electrified security fence not complying with MMC is prohibited.
“Monitored Electrified Security Fence” - means a perimeter alarm system that transmits a signal intended to alert the business utilizing the system and an alarm monitoring service in response to an intrusion or burglary with an assembly of battery-powered equipment, including but not limited to:

1. A monitored alarm device and energizer which is intended to periodically deliver non-lethal electric pulses to a security fence; and

2. A battery charging device used exclusively to charge the system's battery; and

3. Audible and video surveillance equipment; and

4. Other integrated components.
“Key Box (e.g. “Knox Box”) means a secure device with a lock operable only by emergency personnel, and containing building entry keys and other keys that may be required for access in an emergency by the latest California Fire Code.

SECTION III. Section 11.38.100 of Chapter 11.38 of Title 11 (Zoning and Development) of the Montclair Municipal Code shall be added as shown in Exhibit A; and SECTION IV. Chapter 11.77 of Title 11 (Administrative Permit) of the Montclair Municipal Code shall be amended to add the following application type at Section

11.77.020 (Scope) as follows:

MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 12 of 101 FIRST

READING
01/16/2024
Ordinance No. 24–1005 Page 3 of 8
“C. Applications to install monitored electrified security fences pursuant to the requirements and findings contained in Chapter 11.38.100 of the MMC.”
SECTION V: The proposed Amendment is exempt from further California Environmental Quality Act (CEQA) review under Section 15061(b)(3) (Common Sense Exemption), 15301 (Existing Facilities), 15303 (New Construction or Conversion of Small Structures), and 15311 (Accessory Structures) of the CEQA Guidelines.

SECTION VI. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION VII. The City Clerk shall certify the passage of this Ordinance and cause the same to be posted pursuant to Government Code Section 36933.

APPROVED AND ADOPTED this XX day of XX, 2024.

Mayor
ATTEST:

City Clerk
I, Andrea M. Myrick, City Clerk of the City of Montclair, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance No. 24–1005 of said City, which was introduced at a regular meeting of the City Council held on the XX day of XX, 2024, and finally passed not less than five (5) days thereafter on the XX day of XX, 2024, by the following vote, to–wit:

AYES: XX
NOES: XX
ABSTAIN: XX
ABSENT: XX
Andrea M. Myrick,
City Clerk

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Ordinance No. 24–1005 Page 4 of 8

EXHIBIT A
New Zoning Code Section 11.38.100

11.38.100 - Monitored Electrified Security Fences
This chapter is intended to provide the regulations and procedure necessary for considering the approval of a permit to use an electrified security fencing system as a supplemental means for securing industrial and commercial properties where other conventional means for securing a site have failed to protect outdoor areas from persistent trespassing, vandalism, and theft activities. In granting such permits, the Director of Community Development may require conditions, in addition to those required by the provisions of this title, to protect both the health and safety of members of the public and property values in the area.

A. Monitored Electrified Security Fence Allowed.

Only monitored electrified security fence systems designed to carry non-lethal pulses of direct current to deter potential intruders shall be allowed in the City as provided in this section and subject to the following standards:

1. All monitored electrified security fence systems shall be a product listed by a Nationally Recognized Testing Laboratory (e.g., UL, CSA, IAPMO) in compliance with International Standard IEC 60335-2-76.

2. Monitored electrified security fences shall be pulsed output-type system only.

Continuous output-type systems are prohibited.

3. The energizer for an electrified security fence must be driven by a commercial storage battery not to exceed 12 Volts DC. No part of the system shall connect to the electrical grid or carry continuous current.

4. Supplemental lighting, audible, and video surveillance equipment connected to an alarm monitoring company shall be installed as required by the Director of Community Development.

5. A Key Box (e.g. “Knox Box”) or other similar approved device shall be installed for emergency access to property by Police and Fire Department personnel. The location of the key box shall be determined by the Fire Marshal.

6. Installation of all monitored electrified security fence systems shall be completed by a licensed C-10 electrical contractor in conformity with this Section and the safety requirements of IEC 60335-2-76.

7. The monitored electrified security fence system shall comply with the provisions of California Civil Code Section 835.

8. No part of a monitored electrified security fence shall be allowed to extend into the public right-of-way or public park/open space.

9. Before the installation of a monitored electrified security fence is permitted under this Section, the owner must provide written notice to the Fire Marshal of the proposed location of the electrified security fence.

B. Restricted Use
The installation of a monitored electrified security fence is restricted to the following areas and zoning districts as indicated and/or defined on the City of Montclair Official Zoning Map:

1. Commercially Zoned Property (C-3-General Commercial Zone):
a. Permitted outdoor storage of equipment or machinery, motor vehicle storage, major utility and recycling facilities, or contractor yard, in conjunction with a permitted and operating business, except where abutting a residentially-zoned property or use.

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Ordinance No. 24–1005 Page 5 of 8
b. On developed properties where one or more general boundary lines of property abuts a railway, overpass, freeway, drainage channel, or other extraordinary or unusual physical condition(s).
c. Wireless Telecommunication Facilities sites located 100 feet from a residential use or zone.

2. Industrially Zoned Property (MIP-Manufacturing Industrial Park Zone; M-1-Limited Manufacturing Zone); M-2-General Manufacturing Zone), such as:
a. Where general warehousing, outdoor storage of equipment or machinery, motor vehicle storage areas, freight/logistics uses, major utility and recycling facilities, contractor yards, and mini or self-storage facilities are lawfully permitted and operating.
b. On developed properties where one or more boundary lines of property abuts a railway, overpass, freeway, drainage channel, or other extraordinary or unusual physical condition(s).
c. Wireless Telecommunication Facilities sites 100 feet from a residential use or zone.

3. Prohibited Locations:
a. Single-family and multifamily zones and properties. Mixed-use developments are considered a multifamily zone.
b. Properties adjacent to a residential zone and use.
c. Within the boundaries of the North Montclair Downtown Specific Plan (NMDSP) and Montclair Place District Specific Plan (MPDSP) areas;

d. Within 10 feet of a front or street side property line or any public right-of-way. e. Within 300 feet of a public park/open space, church, and/or school facility (public or private).
f. Within the public right-of-way.

4. Exempt Locations Citywide
a. Federal or State-owned properties or uses not adjacent to residential zones and uses.
b. City facilities (not including Public Parks).
c. Unoccupied Public Utility Infrastructure Facilities (e.g. substations, water tanks, telecommunication sites, etc.). Such facilities shall meet the requirements of and obtain an approved Alarm Permit per Section 11.38.200.

5. Uses not listed above in 11.38.120(.1) and (2) are not eligible to use monitored electrified security fences unless the Director of Community Development, or his/her designee, determines the use is similar and the monitored electrified security fence can meet all other applicable requirements of this Chapter.

C. Permits Required.

It shall be unlawful for any person to install, maintain, or operate an electrified fence system of any kind in violation of this Section. Any approved electrified fence security system shall require the following:

1. An Administrative Permit issued by the Community Development Department as defined and regulated in Chapter 11.77 of the MMC (Administrative Permit). a. Administrative Permits for monitored electrified security fences are not transferable unless the new owner of the business for which an Administrative Permit was issued is not making any substantive changes to the operation of the business as determined by the Director. A new business license, Alarm Permit, and updated Administrative Permit shall be required.

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READING
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Ordinance No. 24–1005 Page 6 of 8

b. New businesses, new development of the property, expansion, or substantial changes to the use of the property as determined by the Director shall require the removal of the electrified security fence system or submittal of a new application for an Administrative Permit, subject to the requirements of this Chapter.

2. Building Permit(s) issued by the Building Division. The monitored electrified security fence system shall comply with all applicable local and state regulations. a. It shall be unlawful to operate a monitored electrified security fence system until the building permit final has been issued by the Building Official or designee. b. Unpermitted, inoperable, or abandoned monitored electrified fence systems shall be immediately removed from the premises by the applicant and/or property owner.

3. An Alarm User Permit according to Chapter 4.12.040 of the Montclair Municipal Code.

D. Justification for Monitored Electrified Security Fence As part of the application for an Administrative Permit to install a monitored electrified security fence, the applicant shall submit a written justification for utilizing such a system on-site. The applicant shall provide:

1. A notarized authorization letter from the property owner (if different from the applicant) allowing the applicant to apply for, install, and operate an electrified security fence system on the subject property.

2. A detailed site plan showing existing improvements and location for the proposed monitored electrified fence security system and its various components (e.g. screen wall or fence, system materials, power source, key box, cut-off switch, cameras, lights, etc.).

3. A written request that includes the intended purpose for an electrified security fence system, facts, and/or diagrams to support the need for an electrified fence security system including but not limited to Police reports (e.g. calls for service, arrests, loss statements, etc.). The written request shall also demonstrate that all reasonable measures (e.g., existing fences or walls, security guards, conventional alarms, etc.) have not been successful in mitigating or preventing security breaches or property theft.

4. The established fee for a permit to install a monitored electrified security fence shall be paid by the applicant at the time of application submittal.

E. Findings for Approval
In approving an Administrative Permit for a monitored electrified security fence system, the Director of Community Development, or his/her designee, shall make all of the following findings:

1. Based on the justification provided by the applicant, and site inspection(s), the proposed use of a monitored electrified fence system is warranted and after all other reasonable efforts have been attempted, and would be an effective means of deterring potential intruders; and

2. The proposed monitored electrified security fence system complies with all requirements of this section; and

3. The installation of the proposed monitored electrified security fence system will not have a detrimental effect on the appearance of the street, pose a direct danger to members of the public, or adversely affect the use of surrounding properties. In some cases, the Director, or his/her designee, may require new or existing exterior fences to be installed or modified with additional details (e.g. mesh, slats, increased height, etc.), or low-growing landscaping (on the exterior side of the non-electrified fence or wall) as a means of protecting the aesthetics of commercial areas and to further prevent unintentional contact with the electrified security fence.

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READING
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Ordinance No. 24–1005 Page 7 of 8
F. Permit Revocation
If an approved monitored electrified security fence system is found not to comply with any provision of this Section and the applicant has not taken the initiative to address the deficiency within ten (10) days of written notice from the City, the City may revoke the Administrative Permit approval. Upon permit revocation, the permit holder/applicant shall receive a statement from the Community Development Department describing the reason for the revocation and shall immediately turn off the electric pulse for the fence.

G. Appeal.

A decision of the Director of Community Development may be appealed to the Planning Commission within 10 days of the Director's decision. The appeal shall be made on forms prescribed by the Planning Division and fees paid per the fee resolution. The submission of the application and fees shall constitute the filing of the appeal. The Planning Commission shall review the appeal at a regularly scheduled meeting according to the schedule of meetings and deadlines for submission of applications. The Commission shall either uphold, reverse, or modify the Director's decision.

If anyone is aggrieved or affected by the decision of the Planning Commission, they may appeal the decision to the City Council within 10 days of the decision of the Planning Commission. The appeal shall be submitted per the above appeal provisions. The City Council shall review the appeal and either uphold, reverse, or modify the Planning Commission's decision. The City Council's decision shall be final.

H. Installation Requirements.

1. Decorative Perimeter Fence or Wall Required.
a. No monitored electrified security fence system shall be installed or operated unless it is completely behind a new or existing permitted non-electrified decorative fence or wall of at least six feet in height (New or existing chainlink fences are not considered to be decorative). The installation of a standalone electrified fence system is prohibited.
b. An electrified fence, or portion thereof, shall be a minimum of 10 feet back from any street property line.
c. For new or existing buildings with frontages abutting a public or private sidewalk, or within 10 feet of a street property line, an electrified fence shall be set back from the face of the building by at least five feet. d. The non-electrified perimeter fence shall be separated from the electrified fence system between four to eight inches inside the non-electric perimeter barrier, except for gate openings with insulated contacts.
e. The inside area between the non-electric perimeter fence and the monitored electrified security fence shall be kept clear of landscaping, shrubbery, debris, or material of any kind.
f. Barbed, razor, or similar wires shall be removed from existing walls and fences.

2. Design.
a. A monitored electrified security fence system shall be installed to appear as minimally intrusive as possible as viewed from any public or private street. b. The number of vertical support posts shall be minimized and evenly spaced to the greatest extent possible.

3. Height.

Monitored electric security fence systems shall be limited to a maximum height of 10 feet, or two feet higher than an existing and permitted wall or fence barrier, whichever is lower. Height shall be measured from an adjacent public sidewalk or level-paved surface, whichever is closer.

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READING
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Ordinance No. 24–1005 Page 8 of 8

4. Warning Signs.

Monitored electrified security fences shall be identified by warning signs. The warning signs shall conform to the following requirements:
a. Warning signs shall be located on both sides of the electrified security fence, parallel with the direction of the fence, at not more than 30-foot intervals and shall read: “WARNING – ELECTRIC SECURITY FENCE” and include commonly recognized symbol for shock, consistent with California Civil Code Section 835. b. The text shall be printed in English and Spanish. All lettering shall be a minimum of one (1) inch high.
c. Warning sign dimensions shall be a minimum of four inches high by eight inches wide.
d. The warning signs shall consist of a yellow background with black text and must be kept in good condition to ensure visibility.

5. Electrical Shut-Off for Emergencies.

Installation of a cut-off switch capable of disconnecting and de-energizing the fence from the controller in case of emergencies, electrical storms, etc., is required. A key box/switch or keypad shall be installed to provide secure access to the cut-off switch. The key box/switch or keypad shall be provided with a reflective marker displayed in an approved location.

All electrified security fence systems shall also have an approved visual signal indicator next to the key switch for emergency responders that indicates if the battery-operated alarmed electric fence is energized or de-energized. The signal indicator shall be lit when the fence is charged and not lit when not charged.

I. Hours of Activation
An electrified security fence shall be energized only during the hours when the general public does not have access to the protected property.

J. Alarm System
All approved monitored electrified security fence systems shall require and include an interface with an alarm system to be monitored during all times after a business is closed, or at all times when electrified security fences are installed to protect unoccupied public utility properties. The alarm system shall be registered with the City, subject to the requirements of Chapter 4.12 of the Montclair Municipal Code, including service fees for false alarm service calls.

K. Indemnification
The property owner and the applicant issued permits to install and use a monitored electrified security fence system as provided in this Section shall agree, as a condition of permit issuance, to defend, indemnify, and hold harmless the City of Montclair and its agents, officers, consultants, independent contractors and employees from any claims, actions or proceedings arising out of any personal injury, including death, or property damage caused by the electrified fence.

MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 18 of 101

CITY COUNCIL

AGENDA REPORT
DATE: JANUARY 16, 2024
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 1
FILE I.D.: FIN520
DEPT.: FINANCE
PREPARER: J. KULBECK
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The City Council is requested to consider receiving and filing the City of Montclair Treasurer's Report for the month ending December 31, 2023.

BACKGROUND: Included in the City Council’s agenda packet is a copy of the Treasurer's Report for the period ending December 31, 2023.

FISCAL IMPACT: Routine—report of City's cash and investments.

RECOMMENDATION: Staff recommends the City Council receive and file the Treasurer's Report for the month ending December 31, 2023.

MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 19 of 101

CITY COUNCIL

AGENDA REPORT
DATE: JANUARY 16, 2024
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 2
FILE I.D.: FIN540
DEPT.: FINANCE
PREPARER: A. VONG/V. FLORES
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTER AND PAYROLL DOCUMENTATION REASON FOR CONSIDERATION: The City Council is requested to consider approval of the Warrant Register and Payroll Documentation.

BACKGROUND: Mayor Pro Tem Johnson has examined the Warrant Register dated January 16, 2024; and the Payroll Documentation dated December 3, 2023, and December 17, 2023, and recommends their approval.

FISCAL IMPACT: The Warrant Register dated January 16, 2024, totals $2,329,031.48.

The Payroll Documentation dated December 3, 2023, totals $954,504.06 gross, with $664,301.15 net being the total cash disbursement.

The Payroll Documentation dated December 17, 2023, totals $831,148.84 gross, with $585,063.58 net being the total cash disbursement.

RECOMMENDATION: Staff recommends the City Council approve the above–referenced Warrant Register and Payroll Documentation.

MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 20 of 101

CITY COUNCIL

AGENDA REPORT
DATE: JANUARY 16, 2024
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 3
FILE I.D.: FIN510
DEPT.: SA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The City Council acting as Successor to the Redevelopment Agency Board of Directors (Successor Agency Board) is requested to consider receiving and filing the Successor to the Redevelopment Agency Treasurer's Report for the month ending December 31, 2023, pursuant to state law.

BACKGROUND: Included in the Successor Agency Board’s agenda packet is a copy of the Successor to the Redevelopment Agency Treasurer's Report for the period ending December 31, 2023.

FISCAL IMPACT: Routine—report of the Successor Agency's cash.

RECOMMENDATION: Staff recommends the Successor Agency Board receive and file the Successor to the Redevelopment Agency Treasurer's Report for the month ending December 31, 2023.

MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 21 of 101

CITY COUNCIL

AGENDA REPORT
DATE: JANUARY 16, 2024
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 4
FILE I.D.: FIN530
DEPT.: SA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTER
REASON FOR CONSIDERATION: The City Council acting as Successor to the Redevelopment Agency Board of Directors is requested to consider receiving and filing the Successor to the Redevelopment Agency Warrant Register for the month ending December 31, 2023, pursuant to state law.

BACKGROUND: Vice Chair Johnson has examined the Successor to the Redevelopment Agency Warrant Register dated 12.01.23-12.31.23 in the amounts of $5,286.22 for the Combined Operating Fund and $0.00 for the Redevelopment Obligation Retirement Funds, and finds it to be in order.

FISCAL IMPACT: Routine—report of Agency's obligations.

RECOMMENDATION: Vice Chair Johnson recommends the City Council as Successor to the Redevelopment Agency Board of Directors approve the Successor to the Redevelopment Agency Warrant Register for the period ending December 31, 2023.

MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 22 of 101

CITY COUNCIL

AGENDA REPORT
DATE: JANUARY 16, 2024
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 5
FILE I.D.: FIN525
DEPT.: MHC
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The Montclair Housing Corporation Board of Directors is requested to receive and file the Montclair Housing Corporation Treasurer's Report for the month ending December 31, 2023, pursuant to state law.

BACKGROUND: Included in the Montclair Housing Corporation Board agenda packet is a copy of the Treasurer's Report for the period ending December 31, 2023.

FISCAL IMPACT: Routine—report of the Montclair Housing Corporation's cash and investments.

RECOMMENDATION: Staff recommends the Montclair Housing Corporation Board of Directors receive and file the Treasurer's Report for the month ending December 31, 2023.

MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 23 of 101

CITY COUNCIL

AGENDA REPORT
DATE: JANUARY 16, 2024
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 6
FILE I.D.: FIN545
DEPT.: MHC
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTER
REASON FOR CONSIDERATION: The Montclair Housing Corporation Board of Directors is requested to consider receiving and filing the Warrant Register for the month ending December 31, 2023, pursuant to state law.

BACKGROUND: Vice Chair Johnson has examined the Warrant Register dated 12.01.23–

12.31.23 in the amount of $111,002.56 for the Montclair Housing Corporation and finds it to be in order.

FISCAL IMPACT: Routine—report of Montclair Housing Corporation's obligations.

RECOMMENDATION: Vice Chair Johnson recommends the Montclair Housing Corporation Board of Directors approve the Warrant Register for the period ending December 31, 2023.

MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 24 of 101

CITY COUNCIL

AGENDA REPORT
DATE: JANUARY 16, 2024
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 7
FILE I.D.: FIN525
DEPT.: MHA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The Montclair Housing Authority Commission is requested to receive and file the Montclair Housing Authority Treasurer's Report for the month ending December 31, 2023, pursuant to state law.

BACKGROUND: Included in the Montclair Housing Authority Commission’s agenda packet is a copy of the Treasurer's Report for the period ending December 31, 2023.

FISCAL IMPACT: Routine—report of Montclair Housing Authority's obligations.

RECOMMENDATION: Staff recommends the Montclair Housing Authority Commission receive and file the Treasurer's Report for the month ending December 31, 2023.

MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 25 of 101

CITY COUNCIL

AGENDA REPORT
DATE: JANUARY 16, 2024
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 8
FILE I.D.: FIN545
DEPT.: MHA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTER
REASON FOR CONSIDERATION: The Montclair Housing Authority Commission is requested to consider receiving and filing the Warrant Register for the month ending December 31, 2023, pursuant to state law.

BACKGROUND: Vice Chair Johnson has examined the Warrant Register dated 12.01.23–

12.31.23 in the amount of $0.00 for the Montclair Housing Authority and finds it to be in order.

FISCAL IMPACT: Routine—report of Montclair Housing Authority's obligations.

RECOMMENDATION: Vice Chair Johnson recommends the Montclair Housing Authority Commission approve the Warrant Register for the period ending December 31, 2023.

MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 26 of 101

CITY COUNCIL

AGENDA REPORT
DATE: JANUARY 16, 2024
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 9
FILE I.D.: PER775/CYC145
DEPT.: CITY MGR.

PREPARER: E. STARR
SUBJECT: CONSIDER RECEIVING AND FILING A REPORT ON EXTRAORDINARY EXPENDITURES

RELATED TO ALL COST COMPONENTS REGARDING THE MATTERS OF GARCIA/FUENTES V. LOPEZ, INCLUDING EXPENDITURES RELATED TO ADDRESSING

LEGAL CLAIMS, CONDUCTING INVESTIGATIONS, SETTLEMENTS, AND LITIGATION REASON FOR CONSIDERATION: Among the requirements established by adoption of Resolution No. 22–3339, the City Council directed that the City Manager shall provide regular reports that publicly identify extraordinary expenditures related to all cost components regarding the matters of Garcia/Fuentes v. Lopez, including expenditures related to addressing legal claims, conducting investigations, settlements, and litigation.

Providing such information, particularly when it involves public officials, responds to the City Council’s fiduciary obligations and the need for public transparency.

BACKGROUND: On April 4, 2022, the Montclair City Council adopted Resolution No. 22–3339, disapproving and censuring certain behavior of Montclair City Council Member Benjamin Lopez, and ratifying actions taken and recommended by the City Manager.

The City Council, in its role as the governing body of the City of Montclair, has a duty to the residents and employees of Montclair to ensure that the laws of the United States and the State of California are followed and the rules, regulations, policies and ordinances of the City are complied with. Furthermore, this duty is primary in the area of employer/employee relations.

In pursuit of the above duty, it is essential for the effective governance of the City of Montclair for the public to have confidence in the integrity, dignity, competence, professionalism, decorum and behavior of its elected and appointed leaders and their fair, respectful, courteous, and dignified treatment and regard for the employees of Montclair and members of the public.

It is also essential that members of the City Council demonstrate the highest level of professionalism while in office and not behave or perform in a manner that is detrimental to the City or adverse to the City’s interests.

In consideration of these duties, roles, and obligations, at its meeting of August 2, 2021, the City Council approved Agreement No. 21–47 with EXTTI, Inc. for professional workplace services in expert testimony, training, and investigations. The independent investigator was hired to conduct an investigation into allegations made by certain employees of the City concerning alleged inappropriate interactions by Council Member Benjamin Lopez.

Regarding those allegations, at a March 1, 2022 special meeting, the Montclair City Council was made aware of two verified complaints in lawsuits filed by two City of Montclair employees against both Council Member Benjamin Lopez and the City of Montclair (herein, “Garcia/Fuentes v. Lopez”). The complaints contained allegations of discrimination based on sexual orientation and unlawful sexual harassment charged against Council Member Benjamin Lopez.

MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 27 of 101 The March 1, 2022 special meeting adjourned to closed session where the independent investigator from EXTTI, Inc. provided the City Council with an oral presentation of the investigation and the findings reached by the independent investigator. The Montclair City Council duly considered and weighed the information and evidence received through the oral presentation of the independently conducted workplace investigation.

The workplace investigation sustained allegations that Council Member Benjamin Lopez, as a private individual and outside the course and scope of his duties, responsibilities, and performance as a member of the City Council did (1) conduct an extended conversation with one employee about his sexual orientation; and (2) intentionally hide his identity from another employee when they communicated on social media dating sites, and that their communication thereon included sharing sexually explicit content and photographs.

At the March 21, 2022 regular meeting of the City Council, discussion occurred to consider censuring Council Member Benjamin Lopez for certain conduct and behavior, and the City Council’s discussion on censure included the following:

1. The filing of complaints by certain employees;

2. Information regarding the hiring of a workplace investigator;

3. Actions taken by the City Manager to protect employees of the City of Montclair, including restrictions imposed on Council Member Lopez;

4. Other prohibitions the City Council may consider imposing on Council Member Lopez; and

5. A discussion of the censure process.

At the conclusion of discussion at the March 21, 2022 regular meeting, the City Council adopted a motion directing staff to prepare a Resolution of Censure of City Council Member Benjamin Lopez for City Council consideration at the April 4, 2022 City Council meeting.

At the April 4, 2022 meeting, the City Council did find that the interaction that Council Member Benjamin Lopez had with certain employees was “reprehensible, inappropriate, abusive, and disrespectful” and “brought disrepute to the City of Montclair and the Montclair City Council.” Further, the City Council stated that it did not condone or approve of the type of conduct and behavior exhibited by Council Member Benjamin Lopez, and found it necessary and prudent to declare its strong disapproval of such conduct and behavior.

Based on the nature of the allegations and findings reached by the independent investigator that sustained the allegations, together with the filing of two verified complaints in lawsuits by the two employees containing allegations of discrimination based on sexual orientation and unlawful sexual harassment against Council Member Benjamin Lopez, the City Council determined that there was sufficient cause to consider adoption of a “Resolution of Censure,” and adopted Resolution No. 22–3339 censuring Council Member Benjamin Lopez for the behavior and conduct described therein, and further expressed the strongest possible disapproval and disavowal thereof.

The City Council concurrently determined that the City Manager had a duty and responsibility to the City’s employees to protect them from harassment, discrimination, bullying and retaliation, whether it is from a member of the public, another employee of the City, or from a member of the City Council; and, therefore, the City Council ratified a March 3, 2022, document prepared by the City Manager entitled, “Restrictions on Access to City Facilities and Prohibition Against Contact with City Employees,” a copy of MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 28 of 101 which was transmitted to Council Member Benjamin Lopez via email and home delivery and, by reference thereto, those documented set of restrictions were incorporated into Resolution No. 22–3339.

Among the requirements established by adoption of Resolution No. 22–3339, the City Council directed that the City Manager shall provide regular reports that publicly identify extraordinary expenditures related to all cost components regarding the matters of Garcia/Fuentes v. Lopez, including expenditures related to addressing legal claims, conducting investigations, settlements, and litigation. Providing such information, particularly when it involves public officials, responds to the City Council’s fiduciary obligations and the need for public transparency.

Accordingly, in keeping with City Council direction, Exhibit 1, attached hereto, fully lists all litigation, mediation, and settlement expenditures as of December 31, 2023, related to the matter of Garcia/Fuentes v. Lopez, the total of which is currently listed as $703,052.09. Identified expenditures do not list City staff time nor the loss of productivity related to dealing with matters concerning Garcia/Fuentes v. Lopez.

Furthermore, as it relates to the $3,439 in expenditures made to the law firm Liebert Cassidy Whitmore for sexual harassment training as required by Resolution No. 22– 3339, and despite numerous efforts made to advise Council Member Lopez of the date and time for the scheduled training, the record reflects that Council Member Lopez did not attend the scheduled training.

The City Council is also advised that because the City filed a cross–complaint against Council Member Benjamin Lopez [a cross–complaint is an independent action arising out of the same transaction brought by a party against a co–party to the transaction] pursuant to the California Code of Civil Procedure, litigation costs related to Garcia/Fuentes v. Lopez shall continue until the cross–complaint is resolved, either by settlement between the parties (City of Montclair, joined by Garcia and Fuentes) and the co–party (Lopez), or by trial decision made in superior court. Quarterly reports will be presented to the City Council regarding ongoing expenditures concerning matters related to Garcia/Fuentes v. Lopez.

FISCAL IMPACT: In summation of Exhibit 1, the current and ongoing expenditures related to matters concerning Garcia/Fuentes v. Lopez include the following:

SUMMARY – EXHIBIT 1
Law Firm/Independent
Investigator
Expenditure to Date
(December 31, 2023)
Hannemann Law Firm $557,750.00
McCune & Harber $65,552.66
Robbins & Holdaway $40,795.00
EXTTI, Inc. $25,725.00
Richards Watson Gershon $9,790.43
Liebert Cassidy Whitmore $3,439.00
TOTAL: $703,052.09
RECOMMENDATION: City Staff recommends the City Council receive and file a report on extraordinary expenditures related to all cost components regarding the matters of Garcia/Fuentes v. Lopez, including expenditures related to addressing legal claims, conducting investigations, settlements and litigation.

MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 29 of 101 Date # Hours Amount Date Invoice # Amount
06/30/21 3.0 630.00 03/31/22 110336 1,505.00
07/31/21 3.6 756.00 04/30/22 110766 5,948.00
08/31/21 7.2 1,512.00 05/31/22 111195 5,365.40
09/30/21 2.8 588.00 06/30/22 111602 8,833.90
10/31/21 1.6 336.00 07/31/22 111990 7,132.50
11/30/21 11.0 2,310.00 07/20/22 2550 7,750.00 Mediation Fee 12/31/21 5.4 1,134.00 08/31/22 112456 1,785.50
01/31/22 11.7 2,457.00 09/30/22 112859 2,185.50
02/28/22 29.2 6,132.00 10/31/22 113306 3,096.70
03/31/22 8.6 1,816.00 11/30/22 3,045.10
04/30/22 11.9 2,499.00 01/31/23 114759 1,875.42
05/31/22 8.0 1,680.00 02/28/23 115201 384.30
06/30/22 16.0 3,360.00 03/31/23 115686 924.14
07/31/22 7.1 1,491.00 05/31/23 116618 100.00
08/31/22 1.4 294.00 06/30/23 117092 1,380.00
09/30/22 5 1,050.00 07/31/23 117555 1,368.74
10/31/22 19.4 4,850.00 08/31/23 118031 5,440.00
11/30/22 11.4 2,850.00 09/30/23 118489 5,907.60
12/31/22 0.1 25.00 10/31/23 118931 260.00
01/31/23 12.9 3,225.00 11/30/23 119375 703.86
02/28/23 1.1 275.00 12/31/23 119814 561.00
03/31/23 1.2 300.00 65,552.66
04/30/23 0 0.00
05/31/23 0 0.00
06/30/23 1.2 300.00 Date Invoice # Amount
07/31/23 0.1 25.00 550,000.00 Case Settlement
08/31/23 0.7 175.00 7,750.00 Mediation Fees
09/30/23 1.6 400.00 557,750.00
10/31/23 0.3 75.00
11/30/23 1 250.00
40,795.00 Date Invoice # Amount
11/30/21 234934 1,461.50
Date Invoice # Amount 12/31/21 235393 711.00
08/31/21 17669 4,900.00 01/31/22 235742 3,794.81
09/30/21 17742 875.00 02/28/22 23192 2,315.62
10/31/21 17814 1,225.00 03/31/22 236633 1,507.50
11/30/21 17883 1,312.50 9,790.43
12/31/21 17955 9,100.00
02/28/22 18076 3,762.50
03/31/22 18134 4,550.00
25,725.00 40,795.00
65,552.66
3,439.00
Date Invoice # Amount 9,790.43
05/31/22 220111 249.00 Training Slide Review 25,725.00
06/30/22 222210 3,190.00 Training Slide Draft 557,750.00 3,439.00 703,052.09
Robbins & Holdaway McCune & Harber
GARCIA/FUENTES V. LOPEZ LITIGATION COSTS
EXHIBIT 1
Hannemann Law Firm
Liebert Cassidy Whitmore
Richards Watson Gershon
EXTTI
Hannemann Law Firm
Totals
Robbins And Holdaway
McCune & Harber
Liebert Cassidy Whitmore
Richards Watson Gershon
EXTTI
MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 30 of 101

CITY COUNCIL

AGENDA REPORT
DATE: JANUARY 16, 2024
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 10
FILE I.D.: PDT362
DEPT.: POLICE
PREPARER: M. BUTLER
SUBJECT: CONSIDER AUTHORIZING THE USE OF 2020 JUSTICE ASSISTANCE GRANT FUNDS

TOWARD THE COST OF TRANSITIONING TO A RECORDS MANAGEMENT SYSTEM COMPLIANT WITH THE NATIONAL INCIDENT–BASED REPORTING SYSTEM REASON FOR CONSIDERATION: The City Council is requested to consider authorizing the use of 2020 Justice Assistance Grant (JAG) funds toward the cost of purchasing a new records management system that is compliant with the National Incident–Based Reporting System (NIBRS).

BACKGROUND: In June 2016, the Federal Bureau of Investigation (FBI) informed all states that it would be transitioning to a NIBRS–only data collection by January 1, 2021— the FBI’s NIBRS has become the national standard for law enforcement crime data reporting in the United States. All federal, state, local, and tribal agencies are now required to use NIBRS for data reporting; however, prior to this date, the Police Department’s (Department) record management system used the Uniform Crime Reporting (UCR) system. Thus, in December 2019, the City entered into Agreement No. 19–103 with the City of West Covina/West Covina Service Group (WCSG) and Mark43 for upgrades to the Department’s computer–aided dispatch and records management software and service (CAD/RMS). These upgrades were necessary because the Department’s legacy system was reaching its end of lifecycle, and the Department needed a system that was NIBRS–compliant.

In August 2020, staff submitted a narrative and budget to the County proposing to use JAG 2020 funds on the purchase of electric bikes and safety equipment. During the delay in receiving award funds, the Department submitted a budget modification request to the County in May 2023 to modify its JAG 2020 budget by spending its allocation toward the cost of transitioning to a NIBRS–compliant records management system—DOJ had given prior approval to any agency that would be submitting a budget modification request to use funds toward NIBRS compliance
The County is the JAG Program Administrator and disburses appropriate grant allocations to eligible jurisdictions. The City entered into Agreement No. 22–38 with the County in May 2022 to provide for the receipt of grant funds. Due to lawsuits against the federal government over new conditions that state and local governments were required to satisfy in order to receive Byrne grants, the County of San Bernardino Board of Supervisors did not accept the JAG 2020 award from the U.S. Department of Justice (DOJ) until December 2021. The County has also been in the process of transitioning to a new grants management system, which has caused more delays in receiving grant funds.

In December 2023, the Department received $13,844 from the 2020 Edward Byrne Memorial JAG Program. JAG Program awards are for the exclusive use of law enforcement services and programs and are designed to provide additional personnel, equipment, supplies, contractual support, training, technical assistance, and information systems for criminal justice.

MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 31 of 101 FISCAL IMPACT: In FY 2020–21, the cost for the newly upgraded records management system (Mark43), which included full NIBRS compliance, was $107,454. JAG 2017 funds ($15,005), JAG 2018 funds ($15,175), and JAG 2019 funds ($14,709) have already been successfully applied to this cost. With all federal administrative holds released now on all JAG awards, the Department will prioritize projects starting with JAG 2021.

If authorized by the City Council, the $13,844 from JAG 2020 would be used to reimburse the SB 509 Public Safety Fund 1143 toward the cost of the Department’s new NIBRS–compliant records management system.

RECOMMENDATION: Staff recommends the City Council authorize the use of 2020 JAG funds toward the cost of transitioning to a records management system compliant with NIBRS.

MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 32 of 101

CITY COUNCIL

AGENDA REPORT
DATE: JANUARY 16, 2024
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 11
FILE I.D.: FRD300
DEPT.: COMMUNITY DEV.

PREPARER: M. DORSEY
SUBJECT: CONSIDER RECEIVING AND FILING THE FISCAL YEAR 2022–23 COMPLIANCE REPORT FOR STATE–MANDATED ANNUAL FIRE INSPECTIONS IN THE CITY OF MONTCLAIR AS REQUIRED BY CALIFORNIA HEALTH AND SAFETY CODE SECTION 13146.4 REASON FOR CONSIDERATION: State law (California Health and Safety Code Section 13146.4) requires the City Council be informed of the status on mandated annual fire inspections of public and private schools, hotels, motels, lodging houses, and apartment and condominium buildings (with more than two units) in the City of Montclair. The City Council is requested to receive and file this status report as provided below.

BACKGROUND: Fire Departments and Fire Prevention Bureaus are required to perform annual inspections of public and private schools, hotels, motels, lodging houses, and apartment and condominium buildings (over two units) under California Health and Safety Code Sections 13146.2 and 13146.3. The purpose of these annual fire inspections is to mitigate known hazards, reduce risk to the community, and ensure reasonable compliance with the California Fire Code. These inspections include such items as confirming fire protection systems are properly maintained, egress systems are in working order, fire protective construction has not been damaged, and fire department emergency access is sufficient. The Montclair Fire Prevention Bureau’s inspection efforts for Fiscal Year 2022–2023 are summarized in the following table:

Montclair Fire Prevention Bureau Annual Inspections
Fiscal Year 2022–2023
Land Use Number (Buildings) Percent
Existing Inspected Completion
Hotel/Motels 6 6 100 percent
Apartment/Condominiums 350 36 10 percent
School Facilities 16 (213) 16 (213) 100 percent
The acceptance of this status report fulfills the statutory requirements contained in California Health and Safety Code Sections 13146.2, 13146.3, and 13146.4. For Fiscal Year 2023–2024, staff is working with the Fire Prevention Bureau toward achieving 100 percent inspection completion for all categories.

FISCAL IMPACT: There are no fiscal impacts associated with the City Council’s acceptance of this report.

RECOMMENDATION: Staff recommends the City Council receive and file the Fiscal Year 2022–23 compliance report for state–mandated annual fire inspections in the City of Montclair as required by California Health and Safety Code Section 13146.4.

MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 33 of 101

CITY COUNCIL

AGENDA REPORT
DATE: JANUARY 16, 2024
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 1
FILE I.D.: PDT175/PDT362
DEPT.: POLICE
PREPARER: M. BUTLER
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 24–01 WITH THE COUNTY OF SAN BERNARDINO TO PROVIDE FOR THE RECEIPT OF GRANT FUNDS FROM THE 2023

JUSTICE ASSISTANCE GRANT AWARD
CONSIDER AUTHORIZING CITY MANAGER EDWARD C. STARR TO SIGN SAID

AGREEMENT
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 24–01 with the County of San Bernardino to provide for the receipt of grant funds from the 2023 Justice Assistance Grant (JAG) award and authorizing City Manager Edward C. Starr to sign said Agreement.

BACKGROUND: Since 2005, the JAG Program has provided funding to state and local governments for support of a broad range of activities intended to prevent and control crime and improve the criminal justice system. The JAG Program is the primary provider of federal criminal justice funding to states and units of local government and furthers the Department of Justice’s mission to prevent or reduce crime and violence. JAG Program awards are for the exclusive use of law enforcement services and programs and are designed to provide additional personnel, equipment, supplies, contractual support, training, technical assistance, and information systems for criminal justice. These funds shall supplement existing services and shall not be used to supplant any existing funding for law enforcement services.

In July 2023, staff submitted a project proposal to the County for JAG 2023 to use grant funds on the purchase of automated external defibrillators (AEDs). Police officers, who are trained in the proper use, maintenance, and deployment of AEDs, are often the first to arrive on scene of a cardiac emergency and can begin lifesaving measures before emergency medical personnel are available. If this project is approved by DOJ, these additional AEDs would be placed in patrol cars that are not currently AED equipped and would replace broken and worn out AEDs.

Pursuant to the grant requirements, the City entered into Agreement No. 23–71 in September 2023 with the County related to distribution of 2023 JAG Program Award funds. This Interlocal Agreement, or Memorandum of Understanding, was signed by local jurisdictions identifying the County as the fiscal agent and JAG Program Administrator for these joint funds. This agreement allows the County to release pass– through funds to the 18 participating towns and cities in accordance with the grant agreement.

In November 2023, the Board of Supervisors of San Bernardino County accepted the grant award from the U.S. Department of Justice, Office of Justice Programs, and Bureau of Justice Assistance under the FY 2023 Edward Byrne Memorial JAG Program. As a subrecipient, the City has been allocated $18,962 from JAG 2023. The County, acting in its capacity as JAG Program Administrator, shall disburse appropriate grant allocations, less a 5 percent administrative fee as allowable under JAG guidelines.

MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 34 of 101 The JAG Program further requires participating jurisdictions receiving grant funds to execute sub–award grant agreements in order to acknowledge receipt of the federal award information and applicable compliance requirements, including special conditions for each federal sub–award. By entering into proposed sub–award grant Agreement No. 24–01, the City agrees to undertake and carry out activities delineated by the grant award, and to the conditions or limitations set forth in the grant award.

FISCAL IMPACT: The City of Montclair’s 2023 JAG allocation is $19,960—the San Bernardino County of Board Supervisors would retain a 5 percent administrative fee of $998. Approval of proposed Agreement No. 24–01 would result in an $18,962 JAG Program fund allocation to the Police Department’s budget.

RECOMMENDATION: Staff recommends the City Council take the following actions:

1. Approve Agreement No. 24–01 with the County of San Bernardino to provide for the receipt of grant funds from the 2023 Justice Assistance Grant award.

2. Authorize City Manager Edward C. Starr to sign said Agreement.

MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 35 of 101 ,!'% san'rnar='inocounty 385 North Arrowhead Avenue
tCOUNTY
SAN-BERNARDINO San Bernardino, CA 9241-5-0120 Grant
Sub-Award
PAGE 1 0F 31
' 9Lao;3a8n7d_l5u0sto5iceGroup
SUBRECIPIENT NAME AND ADDRESS (lncluding Zip Code)
City of Montdair
5111 Benito Street, Pa Box 2308
Montdair, CA 91763-2808
AWARD NUMBERi 15PBjA-23-GG-03189-IAGX
SUB-AWARD NUMBER: 15PBlA-23-GG-03189-IAGX-Montclair
SUBRECIPIENTIRS/VENDOR NO.
95-6005731
PROJECTPERIOD: FROM 10/01/2022 TO 09/30/2026
BUDGETPERIOD: FROM 10/01/2022 TO 09/30/2026
SUBRECIPIENT UEI NO.

YM87HK81HED6
AWARDDATE 09/26/2023
pst:viousbwbgooxouxr So

PROJECT TITIE
San Bernardino County and Disparate Jurisdictions 2023 Justice Assistance Grant Projects
oxouxr OF THIS AWARD S18,962
TOTALSUB-AWARD S18,962

SPECIAL CONDITIONS

THE ABOVE GRANT PROJECT IS APPROVED SLIBJECTTO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S), WHICH INCLUDE THE AWARD CONDITIONS iPAGES 2-27), AND THE SUBRECIF'lENT MONITORING PROCEDURES FOR THE COUNTY OF SAN BERNARDINO LAW AND JUSTICE GROUP iPAGES 28-31).

STATUTORY AUTHORITY FOR GRANT
ntle I of Public Law 90-351 (generally codified at 34 u.s.c. 10101-10726), including subpart 1 of part E (codified at 34 u.s.c. 10151-10158]; see also 28 LI.S.C. 530C(a)
CATALOG OF DOMESTIC FEDERAL ASSISTANCE (CFDA Number)

16.738 - Edward Byrne Memorial Justice Assistance Grant F'rogram " nlijmsam i M
[-"=.-,:,J:j7.:::.":7-::f-::;S:! li a m $ I7":)a'i:i:'w"'all-" ':i:":'j(':t::":'7:a"'i"):al'::Ja":'::"":f:':f'-:':'."i:f:_""a':"aa"' ':;(,.li,11j""L!l,ai., 'au:l
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TYPED NAME AND TITLE OF APPROVING OFFICIAL
Michael Fermin, Chair
SanBernardn;ir"J"

TYPED NAME AND TITLE OF AUTHORIZED SUBRECIPIENT OFFICIAL Edward C. Starr, City Manager
City of Montdair
',lTGS'r opbppsovixcomcior SIGNATURE OF AUTHORIZED SuBRECIPIENT OFFICIAL I / o DATE DATE
Agreement No. 24-01
MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 36 of 101 Award Conditions
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions.

I
Compliance with restrictions on the use of federal funds-prohibited and controlled equipment under OJP awards
Consistent with Executive Order "14074, "Advancing Effective, Accountable Policing and Criminal Justice Practices To Enhance Public Trust and Public Safety," OJP has prohibited the use of federal funds under this award for purchases or transfers of specified equipment by law enforcement agencies. In addition, OJP requires the recipient, and any subrecipient ("subgrantee") at any tier, to put in place specified controls prior to using federal funds under this award to acquire or transfer any property identified on the "controlled equipment" list. The details of the requirement are posted on the OJP web site at https://www.ojp.gov/funding/explore/prohibited-and-controlled-equipment (Award condition:

Compliance with restrictions on the use of federal funds-prohibited and controlled equipment under OJP awards), and are incorporated by reference here. 2 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs."
3 Compliance with 41 u.s.c. 4712 (including prohibitions on reprisal; notice to employees) The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 u.s.c. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure ofinformation related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation oflaw, rule, or regulation related to a federal grant.

The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 u.s.c. 4712. 2 MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 37 of 101 Should a question arise as to the applicability of the provisions of 41 u.s.c. 471 2 to this award, the recipient is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance. 4 Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R.

Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY 2022 award from OJP.

The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2022 award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY 2022 award.

For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm.

Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) must retain-typically for a period of 3 years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies-and to which the recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.334.

In the event that an award-related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification.
5 Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision oF food and/or 3 MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 38 of 101 beverages at such conferences, and costs of attendance at such conferences.

Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide").
6 Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance.

Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws. 7 Compliance with DOJ Grants Financial Guide
References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide.
8 Compliance with general appropriations-law restrictions on the use of federal funds (FY 2022) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use offederal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general provisions" in the Consolidated Appropriations Act, 2022, are set out at https://www.ojp.gov/funding/Explore/FY22AppropriationsRestrictions.htm, and are incorporated by reference here.

Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations-law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP.
9 4
MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 39 of 101 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries.

Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38, currently, also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith-based or religious organizations.

The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently accessible at https://www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Title 28-Judicial Administration, Chapterl, Part 38, under e-CFR "current" data. 10 Effect of failure to address audit issues
The recipient understands and agrees that the DOJ awarding agency (OJP or O\/W, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards.
1l
Requirements of the award; remedies for non-compliance or for materially false statements The conditions of this award are material requirements of the award. Compliance with any assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award.

Limited Exceptions. In certain special circumstances, the u.s. Department ofJustice ("DOJ") may determine that it will not enforce, or enforce only in part, one or more requirements otherwise applicable to the award. Any such exceptions regarding enforcement, including any such exceptions made during the period of performance, are (or will be during the period of performance) set out through the Office of Justice Programs ("OJP") webpage entitled "Legal Notices: Special circumstances as to particular award conditions" 5 MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 40 of 101 (ojp.gov/funding/Explore/LegalNotices-AwardReqts.htm), and incorporated by reference into the award.

By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material requirements of the award, and specifically adopts, as if personally executed by the authorized recipient official, all assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance.

Failure to comply with one or more award requirements-whether a condition set out in full below, a condition incorporated by reference below, or an assurance or certification related to conduct during the award period-may result in OJP taking appropriate action with respect to the recipient and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award. DOJ, including OJP, also may take other legal action as appropriate.

Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 u.s.c. 1001 and/or 1621, and/or 34 u.s.c. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-381 2).

Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this award. 12 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program. 13 Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The 6 MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 41 of 101 "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements.
14 Employment eligibility verification for hiring under the award

1. The recipient (and any subrecipient at any tier) mustA. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 u.s.c. I 324a(a)(1 ).

B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under this award of both-
(1 ) this award requirement for verification of employment eligibility, and (2) the associated provisions in 8 u.s.c. 1 324a(a)(1 )that, generally speaking, make it unlawful,in the United States, to hire (or recruit for employment) certain aliens.

C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 u.s.c. I 324a(a)(1 ).

D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form 1-9 record retention requirements, as well as records of all pertinent notifications and trainings.

2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.

3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition.

4. Rules of construction
MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 42 of 101 A. Staffinvolved in the hiring process
For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes (withoutlimitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with award funds.

B. Employment eligibility confirmation with E-Verify
For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the recipient (or any subrecipient) may choose to participate in, and use, E-Verify (www.e-verify.gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify (and follows the proper E-Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds.

C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands.

D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law.

E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 u.s.c. I 324a(a)(1 ).

Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify website (https://www.e-verify.gov/) or email E-Verify at [email protected]. E-Verify employer agents can email E-Verify at [email protected].

Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance.
15 OJP Training Guiding Principles
Any training or training materials that the recipient-or any subrecipient ("subgrantee") at any tier-develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at
https://www.ojp.gov/funding/implement/training-guiding-principles-grantees-and-subgrantees. 8 MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 43 of 101 16 Determination of suitability to interact with participating minors SCOPE. This condition applies to this award if it is indicated-in the application for the award (as approved by DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an associated federal statute-that a purpose of some or all of the activities to be carried out under the award (whether by the recipient, or a subrecipient at any tier) is to benefit a set ofindividuals under 18 years of age.

The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status.

The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/Interact-Minors.htm (Award condition: Determination of suitability required, in advance, for certain individuals who may interact with participating minors), and are incorporated by reference here.
17 Potential imposition of additional requirements
The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OWV, as appropriate) during the period of performance for this award, if the recipient is designated as "high-risk" for purposes of the DOJ high-risk grantee list. 18 Required training for Grant Award Administrator and Financial Manager The Grant Award Administrator and all Financial Managers for this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after October 15, 2020, will satisfy this condition.

In the event that either the Grant Award Administrator or a Financial Manager for this award changes during the period of performance, the new Grant Award Administrator or Financial Manager must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after the date the Entity Administrator enters updated Grant Award Administrator or Financial Manager information in JustGrants. Successful completion of such a training on or after October 15, 2020, will satisfy this condition. 9 MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 44 of 101 A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes ofthis condition is available at https://onlinegfmt.training.ojp.gov/. All trainings that satisfy this condition include a session on grant fraud prevention and detection.

The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award. 'ig
Restrictions and certifications regarding non-disclosure agreements and related matters No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information.

The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4434 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information.

I.ln accepting this award, the recipienta. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and
b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.

2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or botha. it represents that10 MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 45 of 101 (1 ) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whetherthrough a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and (2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and
b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 20 Reclassification of various statutory provisions to a new Title 34 of the United States Code On September 1, 2017, various statutory provisions previously codified elsewhere in the u.s.

Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the u.s. Code.

Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the u.s. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements.
21 Requirement to report actual or imminent breach of personally identifiable information (Pll) The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M-17-1 2) if it (or a subrecipient) - (1 ) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "Personally Identifiable Information (Pll)" (2 CFR 200.1)within the scope of an OJP grant-funded 11 MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 46 of 101 program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A130). The recipient's breach procedures must include a requirement to report actual or imminent breach of Pll to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach. 22 Requirement to disclose whether recipient is designated "high risk" by a federal grant-making agency outside of DOJ
If the recipient is designated "high risk" by a federal grant-making agency outside of DOJ, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to OJP by email at [email protected]. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatic Or financial COnCernS with the recipient.

The recipient's disclosure must include the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk,

3. The high-risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency.
23 Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers.
24 All subawards ("subgrants") must have specific federal authorization The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that - for purposes of federal grants administrative requirements-OJP considers a "subaward" (and therefore does not consider a procurement "contract").

The details of the requirement for authorization of any subaward are posted on the OJP web 12 MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 47 of 101 site at https://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here.
25 Specific post-award approval required to use a noncompetitive approach in any procurement contract that would exceed $250,000
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $250,000). This condition applies to agreements that-for purposes of federal grants administrative requirements-OJP considers a procurement "contract" (and therefore does not consider a subaward).

The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $250,000)), and are incorporated by reference here. 26 Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient.

The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConductTrafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here.
27 Requirement to report potentially duplicative funding 13 MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 48 of 101 If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding agency (OJP or O\/W, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget-modification or change-of-projectscope Grant Award Modification (GAM) to eliminate any inappropriate duplication of funding. 28 Reporting potential fraud, waste, and abuse, and similar misconduct The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ Office of the Inspector General (01G) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award-(1 ) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict ofinterest, bribery, gratuity, or similar misconduct.

Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by-(l ) online submission accessible via the 01G webpage at https://oig.justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2) mail directed to: u.s. Department of Justice, Office of the Inspector General, Investigations Division, ATTN: Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by facsimile directed to the DOJ 01G Investigations Division (Attn: Grantee Reporting) at (202) 61 6- 9881 (fax).

Additional information is available from the DOJ 01G website at https://oig.justice.gov/hotline. 29 Requirements related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM.

The recipient also must comply with applicable restrictions on subawards ("subgrants") to firsttier subrecipients (first-tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration.
14 MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 49 of 101 The details of the recipienfs obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition:

System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here.

This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name).
30 Restrictions on "lobbying"
In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 u.s.c. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.) Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 u.s.c. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations.

Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP.
31 Justice Information Sharing
Information sharing projects funded under this award must comply with DOJ's Global Justice Information Sharing Initiative (Global) guidelines. The recipient (and any subrecipient at any tier) must conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: https:/ / it.ojp.gov/ gsp grantcondition. The recipient (and any subrecipient at any tier) must document planned approaches to information sharing and describe compliance with the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended. 15 MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 50 of 101 32 Avoidance of duplication of networks
To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the recipient can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 33 Law enforcement task forces - required training
Within "I 20 days of award acceptance, each current member of a law enforcement task force funded with award funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, must complete required online (internet-based) task force training. Additionally, all future task force members must complete this training once during the period of performance for this award, or once every four years if multiple OJP awards include this requirement.

The required training is available free of charge online through the BJA-funded Center for Task Force Integrity and Leadership (www.ctfli.org). The training addresses task force effectiveness, as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. If award funds are used to support a task force, the recipient must compile and maintain a task force personnel roster, along with course completion certificates.

Additional information regarding the training is available through BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org). 34 Required monitoring of subawards
The recipient must monitor subawards under this award in accordance with all applicable statutes, regulations, award conditions, and the DOJ Grants Financial Guide, and must include the applicable conditions of this award in any subaward. Among other things, the recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of award funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award.
16 MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 51 of 101 35 Any written, visual, or audio publications funded in whole or in part under this award, with the exception of press releases, shall contain the following statements: "This project was supported by Grant No. <AWARDNUMBER> awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Department of Justice's Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the SMART Office. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the u.s. Department of Justice." The current edition of the DOJ Grants Financial Guide provides guidance on allowable printing and publication activities.
36 Any Web site that is funded in whole or in part under this award must include the following statement on the home page, on all major entry pages (i.e., pages (exclusive of documents) whose primary purpose is to navigate the user to interior content), and on any pages from which a visitor may access or use a Web-based service, including any pages that provide results or outputs from the service: "This Web site is funded in whole or in part through a grant from the Bureau of Justice Assistance, Office of Justice Programs, u.s. Department of Justice. Neither the u.s. Department of Justice nor any of its COmpOnentS operate, control, are responsible for, or necessarily endorse, this Web site (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided)." The full text of the foregoing statement must be clearly visible on the home page. On other pages, the statement may be included through a link, entitled "Notice of Federal Funding and Federal Disclaimer," to the full text of the statement.
37 Verification and updating of recipient contact information The recipient must verify its Grant Award Administrator, Financial Manager, and Authorized Representative contact information in JustGrants, including telephone number and e-mail address. If any information is incorrect or has changed, the award recipient's Entity Administrator must make changes to contact information through DIAMD. Instructions on how to update contact information in JustGrants can be found at https://justicegrants.usdoj.gov/training/training-entity-management. 38 17
MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 52 of 101 Compliance with National Environmental Policy Act and related statutes Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these award funds, either directly by the recipient or by a subrecipient. Accordingly, the recipient agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the award, the recipient agrees to contact BJA.

The recipient understands that this condition applies to new activities as set out below, whether or not they are being specifically funded with these award funds. That is, as long as the activity is being conducted by the recipient, a subrecipient, or any third party, and the activity needs to be undertaken in order to use these award funds, this condition must first be met. The activities covered by this condition are:
a. New construction;
b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 1 00-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places;
c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories.

The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at https://bja.gov/Funding/nepa.html, for programs relatingto methamphetamine laboratory operations.

Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its subrecipients' existing programs or activities that will be funded by these award funds, the recipient, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity.
18 MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 53 of 101 39 Recipients utilizing award funds for forensic genealogy testing must adhere to the United States Department ofJustice Interim Policy Forensic Genealogical DNAAnalysis and Searching (https://www.justice.gov/olp/page/file/1 204386/download), and must collect and report the metrics identified in Section IX of that document to BJA. 40 Establishment of trust fund
If award funds are being drawn down in advance, the recipient (or a subrecipient, with respect to a subaward) is required to establish a trustfund account. Recipients (and subrecipients) must maintain advance payments of federal awards in interest-bearing accounts, unless regulatory exclusions apply (2 C.F.R. 200.305(b)(8)). The trust fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (IAG). The recipient also agrees to obligate the award funds in the trust fund (including any interest earned) during the period of performance for the award and expend within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be returned to OJP at the time of closeout. 41 All State and Local JAG recipients must submit quarterly Federal Financial Reports (SF-425).

Additionally, State JAG and Local JAG Category Two ($25K or more) must submit semi-annual performance reports through JustGrants and Local JAG Category One (Less than $25K) must submit annual performance reports through JustGrants. Consistent with the Department's responsibilities under the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 201 0, the recipient must provide data that measure the results of its work.

The recipient must submit quarterly performance metrics reports through BJA's Performance Measurement Tool (PMT) website: https://bjapmt.ojp.gov/. For more detailed information on reporting and other JAG requirements, refer to the JAG reporting requirements webpage (https://bjapmt.ojp.gov/help/jagdocs.html). Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation.
42 Required data on law enforcement agency training
Any law enforcement agency receiving direct or sub-awarded funding from this JAG award must submit quarterly accountability metrics data related to training that officers have received on 19 MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 54 of 101 the use of force, racial and ethnic bias, de-escalation of conflict, and constructive engagement with the public.
43 Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after October 1, 2022
The recipient may obligate (federal) award funds only after the recipient makes a valid acceptance of the award. As of the first day of the period of performance for the award (October 1, 2022), however, the recipient may choose to incur project costs using non-federal funds, but any such project costs are incurred at the recipient's risk until, at a minimum-(1 )the recipient makes a valid acceptance of the award, and (2) all applicable withholding conditions are removed by OJP (via an Award Condition Modification (ACM)). (A withholding condition is a condition in the award document that precludes the recipient from obligating, expending, or drawing down all or a portion of the award funds until the condition is removed.) Except to the extent (if any) that an award condition expressly precludes reimbursement of project costs incurred "at-risk," if and when the recipient makes a valid acceptance of this award and OJP removes each applicable withholding condition through an Award Condition Modification (ACM), the recipient is authorized to obligate (federal) award funds to reimburse itself for project costs incurred "at-risk" earlier during the period of performance (such as project costs incurred prior to award acceptance or prior to removal of an applicable withholding condition), provided that those project costs otherwise are allowable costs under the award.
44 If award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System ("CODIS," the DNA database operated by the FBI) by a government DNA laboratory with access to CODIS. With the exception of Forensic Genetic Genealogy, no profiles generated under this award may be entered or uploaded into any non-governmental DNA database without prior express written approval from BJ A. Award Funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may be accepted for entry into CODIS. Booking agencies should work with their state CODIS agency to ensure all requirements are met for participation in Rapid DNA (see National Rapid DNA Booking Operational Procedures Manual). 45 Submission of eligible records relevant to the National Instant Background Check System Consonant with federal statutes that pertain to firearms and background checks-including 18 20 MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 55 of 101 u.s.c. 922 and 34 u.s.c. ch. 409-if the recipient (or any subrecipient at any tier) uses this award to fund (in whole or in part) a specific project or program (such as a law enforcement, prosecution, or court program) that results in any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the National Instant Background Check System (NICS), or that has as one of its purposes the establishment or improvement of records systems that contain any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS, the recipient (or subrecipient, if applicable) must ensure that all such court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS are promptly made available to the NICS or to the "State" repository/database that is electronically available to (and accessed by) the NICS, and-when appropriate-promptly must update, correct, modify, or remove such NICS-relevant "eligible records" In the event of minor and transitory non-compliance, the recipient may submit evidence to demonstrate diligent monitoring of compliance with this condition (including subrecipient compliance). DOJ will give great weight to any such evidence in any express written determination regarding this condition.
46 Prohibition on use of award funds for match under BVP program JAG funds may not be used as the 50% match for purposes of the DOJ Bulletproof Vest Partnership (BVP) program.
47 Certification of body armor "mandatory wear" policies, and compliance with NIJ standards If recipient uses funds under this award to purchase body armor, the recipient must submit a signed certification that each law enforcement agency receiving body armor purchased with funds from this award has a written "mandatory wear" policy in effect. The recipient must keep signed certifications on file for any subrecipients planning to utilize funds from this award for ballistic-resistant and stab-resistant body armor purchases. This policy must be in place for at least all uniformed officers before any funds from this award may be used by an agency for body armor. There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty.

Ballistic-resistant and stab-resistant body armor purchased with award funds may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the body armor has been tested and found to comply with applicable National Institute of Justice ballistic or stab standards, and is listed on the NIJ Compliant Body Armor Model List. In addition, ballistic-resistant and stab-resistant body armor purchased must be made in the United States and must be uniquely fitted, as set forth in 34 u.s.c. l 0202(c)(1 )(A). The latest NIJ 21 MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 56 of 101 standard information and the NIJ Compliant Body Armor List may be found by following the links located on the NIJ Body Armor page: https://nij.ojp.gov/topics/equipment-andtechnology/body-armor 48 Extreme risk protection programs funded by JAG must include, at a minimum: pre-deprivation and post-deprivation due process rights that prevent any violation or infringement of the Constitution of the United States, including but not limited to the Bill of Rights, and the substantive or procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States, as applied to the States, and as interpreted by State courts and United States courts (including the Supreme Court of the United States). Such programs must include, at the appropriate phase to prevent any violation of constitutional rights, at minimum, notice, the right to an in-person hearing, an unbiased adjudicator, the right to know opposing evidence, the right to present evidence, and the right to confront adverse witnesses; the right to be represented by counsel at no expense to the government; pre-deprivation and post-deprivation heightened evidentiary standards and proof which mean not less than the protections afforded to a similarly situated litigant in Federal court or promulgated by the State's evidentiary body, and sufficient to ensure the Full protections of the Constitution of the United States, including but not limited to the Bill of Rights, and the substantive and procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States, as applied to the States, and as interpreted by State courts and United States courts (including the Supreme Court of the United States). The heightened evidentiary standards and proof under such programs must, at all appropriate phases to prevent any violation of any constitutional right, at minimum, prevent reliance upon evidence that is unsworn or unaffirmed, irrelevant, based on inadmissible hearsay, unreliable, vague, speculative, and lacking a foundation; and penalties for abuse of the program.
49 Expenditures prohibited without waiver
No funds under this award may be expended on the purchase of items prohibited by the JAG program statute, unless, as set forth at 34 u.s.c. 10152, the BJA Director certifies that extraordinary and exigent circumstances exist, making such expenditures essential to the maintenance of public safety and good order.
50 FFATA reporting: Subawards and executive compensation The recipient must comply with applicable requirements to report first-tier subawards 22 MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 57 of 101 ("subgrants") of $30,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award funds. The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award condition:

Reporting Subawards and Executive Compensation), and are incorporated by reference here.

This condition, including its reporting requirement, does not apply to-(1 ) an award of less than $30,000, or (2) an award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name).
51 Exceptions regarding Prohibited and Controlled Equipment under OJP awards Notwithstanding any provision to the contrary in the other terms and conditions of this award, including in the condition regarding "Compliance with restrictions on the use of federal fundsprohibited and controlled equipment under OJP awards," the requirements for the 'Transfer/Sale of Award-Funded Controlled Equipment to Other LEAs" and the requirements for the "Transfer/Sale of Award-Funded Controlled Equipment to NON-LEAs" do not apply to this award.
52 The recipient agrees that no funds under this grant award (including via subcontract or subaward, at any tier) may be used for unmanned aircraft systems (UAS), which includes unmanned aircraft vehicles (UAV), or for any accompanying accessories to support UAS. 53 Initial period of performance; requests for extension.

The recipient understands that for award amounts of less than $25,000 under JAG (Category I ), the initial period of performance of the award is two years. The recipient further understands that any requests for an extension of the period of performance for an award of less than $25,000 will be approved automatically for up to a total of two additional years, pursuant to 34 u.s.c. 101 52(f) and in accordance with the program solicitation associated with this award.

Any request for an extension of the period of performance beyond a four-year award period will require approval, and the approval (if any) will be at the discretion of the Director of BJA. 23 MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 58 of 101 54 Applicants must ensure that Limited English Proficiency persons have meaningful access to the services under this program(s). National origin discrimination includes discrimination on the basis oflimited English proficiency (LEP). To ensure compliance with Title Vl and the Safe Streets Act, recipients are required to take reasonable steps to ensure that LEP persons have meaningful access to their programs. Meaningful access may entail providing language assistance services, including oral and written translation when necessary. The u.s. Department of Justice has issued guidance for grantees to help them comply with Title Vl requirements. The guidance document can be accessed on the Internet at www.lep.gov. 55 Cooperatingwith OJP Monitoring
The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines, protocols, and procedures, and to cooperate with OJP (including the grant manager for this award and the Office of Chief Financial Officer (OCFO)) requests related to such monitoring, including requests related to desk reviews and/or site visits. The recipient agrees to provide to OJP all documentation necessary for OJP to complete its monitoring tasks, includir;g documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by OJP for providing the requested documents. Failure to cooperate with OJP's monitoring activities may result in actions that affect the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to award funds; referral to the DOJ 01G for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s).
56 Use of program income
Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance with the provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report, SF 425.
57 Compliance with 28 C.F.R. Part 23
With respect to any information technology system funded or supported by funds under this award, the recipient (and any subrecipient at any tier) must comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, 24 MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 59 of 101 perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 34 u.s.c. 10231 (c)-(d). The recipient may not satisfy such a fine with federal funds.
58 Protection of human research subjects
The recipient (and any subrecipient at any tier) must comply with the requirements of 28 C.F.R.

Part 46 and all OJP policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent.
59 Confidentiality of data
The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements of 34 u.s.c. 10231 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. The recipient further agrees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23.
60 The recipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this project. 61 The recipient understands that, in accepting this award, the Authorized Representative declares and certifies, among other things, that he or she possesses the requisite legal authority to accept the award on behalf of the recipient entity and, in so doing, accepts (or adopts) all material requirements that relate to conduct throughout the period of performance under this award. The recipient further understands, and agrees, that it will not assign anyone to the role of Authorized Representative during the period of performance under the award without first ensuring that the individual has the requisite legal authority. 62 25
MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 60 of 101 In accepting this award, the recipient agrees that grant funds cannot be used for Facial Recognition Technology (FRT) unless the recipient has policies and procedures in place to ensure that the FRT will be utilized in an appropriate and responsible manner that promotes public safety, and protects privacy, civil rights, and civil liberties and complies with all applicable provisions of the u.s. Constitution, including the Fourth Amendment's protection against unreasonable searches and seizures and the First Amendment's freedom of association and speech, as well as other laws and regulations. Recipients utilizing funds for FRT must make such policies and procedures available to DOJ upon request.
63 Withholding of funds for Required certification from the chief executive of the applicant government
The recipient may not expend or draw down any award funds until the recipient submits the required "Certifications and Assurances by the Chief Executive of the Applicant Government," properly-executed (as determined by OJP), and an Award Condition Modification has been issued to remove this condition.
64 Withholding of funds for Memorandum of Understanding The recipient may not expend or draw down any award funds until OJP has reviewed and approved the Memorandum of Understanding (MOU), and an Award Condition Modification has been issued to remove this condition.
65 Withholding of Funds for Body-Worn Camera Certification The recipient may not expend or draw down any award funds until the recipient submits, and OJP has reviewed, the required certification regarding body-worn cameras, and an Award Condition Modification has been issued to remove this condition. 66 Recipient integrity and performance matters: Requirement to report information on certain civil, criminal, and administrative proceedings to SAM and FAPIIS The recipient must comply with any and all applicable requirements regarding reporting of information on civil, criminal, and administrative proceedings connected with (or connected to the performance of) either this OJP award or any other grant, cooperative agreement, or 26 MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 61 of 101 procurement contract from the federal government. Under certain circumstances, recipients of OJP awards are required to report information about such proceedings, through the federal System for Award Management (known as "SAM"), to the designated federal integrity and performance system (currently, "FAPIIS").

The details of recipient obligations regarding the required reporting (and updating) of information on certain civil, criminal, and administrative proceedings to the federal designated integrity and performance system (currently, "FAPIIS") within SAM are posted on the OJP web site at https://ojp.gov/funding/FAPllS.htm (Award condition: Recipient Integrity and Performance Matters, including Recipient Reporting to FAPIIS), and are incorporated by reference here.
27 MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 62 of 101 J
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Grant Award/Sub-Award Process
When the Law and Justice Group (L&JG) has been notified that it has been awarded a grant, a Board Agenda Item to accept the grant will be prepared and submitted to the Board of Supervisors (BOS) for approval. Where there is a sub-award to be granted, a Sub-Award Agreement will be prepared by the L&JG (recipient) and approved by the BOS and the subrecipient. The appropriate officials will sign the sub-award documents. The Sub-Award Agreement will identify the federal award information and applicable compliance requirements, including applicable special conditions for each federal sub-award.

The Sub-Award Agreement will include the Grant Award Number, Award Date, Catalog of Federal Domestic Assistance (CFDA) number, Project Title, Project Period, Award Amount, and all applicable SpecialConditionsforthesub-award. TheL&JG"sSubrecipientMonitoringProcedureswillbeincludedin the Sub-Award Agreement.

Grant Revenue
When notified that a grant award has been made, the Grant Coordinator requests a budget code for the grant award from the Auditor-Controller/Treasurer/Tax Collector (ATC), and submits appropriate budget documentsfortheBoardofSupervisorsapproval. Oncethebudgetisestablished,theGrantCoordinator requests a drawdown of grant funds and deposits the funds into the applicable special revenue fund.

Timeframes for the drawdown requests will be accomplished in accordance with award requirements specified by the awarding agency. The Grant Coordinator maintains a record of revenues requested and received and reconciles the account.

Disbursement of Funds to Subrecipients
When disbursing sub-award funds to subrecipients, the Grant Coordinator will prepare the appropriate payment document. The payment document is reviewed and approved by the Chair of the L&JG. The ATC processes payments and disbursement of funds.

To notify subrecipients of the federal award number, CFDA number, and the amount of federal funds at the time of the disbursement of funds, the following steps will be followed:
* Thepaymentdocumentswillreferencethefederalawardnumber,CDFAnumber,andtheamount of federal funds.
* Correspondencewillbesenttosubrecipientsatthetimeofdisbursementidentifyingthepayment and detailing the required federal information.

Subrecipient Monitoring Requirement
Sub-awards will be monitored in accordance with all applicable statutes, regulations, the Uniform Grant Guidance, OMB Circulars, and guidelines, including the Office of Justice Programs Financial Guide. The recipient will include the applicable conditions ofthis award in any sub-award. The recipient is responsible for the following:

MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 63 of 101 * Ensure that every sub-award is clearly identified to the subrecipient as a sub-award and includes applicable conditions of the federal award.
* Evaluate each subrecipient"s risk of noncompliance with federal statutes, regulations and the terms and conditions of the sub-award for purposes of determining the appropriate subrecipient monitoring procedures.
* Oversightofsubrecipientspendingandmonitoringofspecificoutcomesandbenefitsattributable to the use of funds.
* Review financial and performance reports.
* Follow-up and ensure that subrecipients take timely and appropriate action on all deficiencies pertaining to the federal award provided to the subrecipient from the pass-through entity detected through audits, on-site monitoring visits, and other means. * Issue a management decision for audit findings pertaining to the federal award provided to the subrecipient from the pass-through entity as required by 2 CFR 200.521 Management Decision. * Verifythateverysubrecipientwhoisexpectedtoexpend!5750,000ormoreisauditedasrequired by 2 CFR 200 Subpart F Audit Requirements.
* Consider whether the results of the subrecipient"s audits, on-site monitoring visits or other monitoring indicate conditions that necessitate adjustments to the pass-through entity's own records.
* Consider taking enforcement against noncompliant subrecipients as described in 2 CFR 200.338 Remedies.

Subrecipient Monitoring Process
On-site monitoring of grant-funded projects may be conducted by the u.s. Department of Justice or the County of San Bernardino. At that time, the identified subrecipient agency will be required to provide documentation supporting expenditures, and/or a physical review of items funded through the grant may be requested.

To ensure full compliance with this legislative mandate, all grant related documentation to include timesheets, invoices, purchase orders, canceled checks, and contracts must be maintained in a location accessible to the person responsible for managing the sub-award, and the agency's chief executive.

If it is determined funds are not being used for approved purposes, or if proper documentation is not maintained,theamountinquestionmustbereturnedtotheU.S.DepartmentofJustice. Thesubrecipient agency may also be deemed ineligible for future federal funding.

On-Site Monitoring
The County of San Bernardino L&JG may conduct on-site monitoring. The monitoring will be based upon performance and reported expenditure of funds. The monitoring will be based upon performance, tracked through reports and regular correspondence. This method will ensure the subrecipient in greatest need for assistance in managing their award is provided the necessary tools to be in full compliance with u.s. Department of Justice requirements.

If selected for monitoring, the subrecipient will be notified at least 20 days prior to the monitoring. The staff person responsible for managing the sub-award, the staff person assigned to managing fiscal operations, the chief executive of the subrecipient agency, and any other applicable persons directly involved in the oversight of grant funds will be asked to attend. Appropriate documentation will also be requested for review. During the monitoring, the following items will be reviewed and/or discussed:

MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 64 of 101 invoices, timesheets, canceled checks, equipment purchased, policies and procedures, financial status reports, performance reports and grant files.

If the subrecipient is non-compliant with award requirements, the following actions will be taken: The County of San Bernardino will assist the subrecipient with the resolution of identified issues, a recommendation to the u.s. Department of Justice for a federal monitoring of the sub-award will be made, future payments will be withheld until all issues are resolved, and closer oversight of the subrecipient by San Bernardino County will be implemented.

Project Accounting and Record Keeping
Adequate control of funds received to ensure compliance with federal and state regulations and grant sub-award conditions will be accomplished. Separate records are maintained for each project to avoid commingling of project funds with other funds.

Obligation and Expenditure of Funds
All Grant funds must be obligated by the termination date of the project.

Grant funds legally obligated by the termination date must be expended within the timeframe specified within the Grant Contract, Agreement, or Sub-Award Agreement. Justice Assistance Grant funds must be expended by the end of the project period.

Reporting Requirements
Submission of financial reports will be accomplished in accordance with the guidelines specified in the Grant Contract, Agreement, or Sub-Award Agreement.

Subrecipient Audits - Uniform Grant Guidance and OMB Circular A-133 Compliance Subrecipients are required to comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in 2 CFR Part 200 (Uniform Grant Guidance) for federal awards made on or after December 26, 2014, or with the OMB Circular A-133 for federal awards made prior to December 26, 2014.

A single or program specific audit is required in any year that a government expends S750,000 or more a year in federal awards. Both the Uniform Grant Guidance and the OMB Circular A-133 require audits to be completed and submitted to the Federal Audit Clearinghouse (FAC) no later than nine (9) months after the close of each fiscal year during the term of each grant award. As a condition of the sub-award agreement, the Law and Justice Group will require the subrecipient to su bmit a copy of the audit, including any corrective action plan within 30 days from the date of submission to the FAC. The Grant Coordinator will review and ensure that the subrecipient audit reports are received and that all audit findings have been resolved. Failure of the subrecipient to have audits performed as required may result in the withholding of new discretionary awards and/or withholding of funds.

Project Closeout
The Grant Coordinator will schedule, monitor, and ensure timely completion of all required closeout activities and final financial reports in conformance with the guidelines required by the awarding agency.

Inventory Control
Subrecipients will maintain an inventory of equipment purchased with grant funds and submit inventory records to the Grants Coordinator if requested. Records shall be retained for a period of three years from the date of the disposition or replacement or transfer at the discretion of the awarding agency. As

MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 65 of 101 equipment or other non-expendable property is purchased and received, it will be permanently marked, a property inventory record completed, and the property inventory record will be made part of the permanent grant sub-award file. Disposition of equipment will be done in accordance with the awarding agency's guidelines.

Retention Period
Project records must be maintained for the required period after the awarding agency determines that the grantee has met all the project requirements and the project has been accepted for closeout. Records will be maintained for a minimum of three years. The three-year retention period starts from the date of the submission of the closure of the single audit report which covers the grant period and lasts until completion of any disputes arising prior to the expiration of the three year period, whicheveris later.

APPROVED BY:
be)g-.,,/.

G. Christopher Gardner, Chair
Law and Justice Group
June 1, 2020
Date

MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 66 of 101

CITY COUNCIL

AGENDA REPORT
DATE: JANUARY 16, 2024
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 2
FILE I.D.: COG200
DEPT.: CITY MGR.

PREPARER: E. STARR
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 24–02, AMENDMENT NO. 4 TO AGREEMENT NO. 73–230, A JOINT POWERS AUTHORITY (JPA) AGREEMENT WITH THE

SAN BERNARDINO COUNCIL OF GOVERNMENTS (SBCOG), SETTING FORTH A

PROCESS FOR DETERMINING ANNUAL ASSESSMENTS TO MEMBER AGENCIES OF SBCOG EFFECTIVE FISCAL YEAR 2024–25 AND EACH FISCAL YEAR THEREAFTER; ALLOWING FOR OPTIONAL SUBSCRIPTION ASSESSMENTS FOR SPECIFIED PROGRAMS;

AND ESTABLISHING A REVISED ANNUAL MEMBERSHIP FEE FOR MONTCLAIR AND OTHER MEMBER AGENCIES OF SBCOG FOR FISCAL YEAR 2024–25
REASON FOR CONSIDERATION: On January 3, 2024, the San Bernardino Council of Governments (SBCOG) Board of Directors accepted three recommendations from the SBCOG Ad Hoc Committee—the Ad Hoc Committee was created to determine the future direction of SBCOG.

Adopted Ad Hoc Committee recommendations include the following:

1. Increase SBCOG’s work capacity and program of services, including adding staffing;

2. Increase SBCOG’s budget to accommodate expanding the work capacity and program of services offered by SBCOG, including adding staffing to achieve SBCOG Board objectives; and

3. Develop funding for SBCOG’s proposed, expanded budget and work program by asking member agencies to the San Bernardino Associated Governments (SANBAG) Joint Powers Authority (JPA) Agreement to approve Amendment No. 4 (attached to this agenda report as Agreement No. 24–02), thereby establishing a process for determining annual membership fees on an annual basis; allowing for optional subscription assessments for specified programs enrolled in voluntarily by member agencies; and establishing a revised annual membership fee for Montclair (and other member agencies) under the process set forth herein effective for Fiscal Year 2024–25.

In addition, Agreement No. 24–02 provides for the renaming of SANBAG to the San Bernardino Council of Governments (SBCOG)—the name the entity currently operates under.

The Montclair City Council is requested to consider approval of Agreement No. 24–02, attached to this agenda report. Agreement No. 24–02 is subject to final approval by the City Attorney.

BACKGROUND: At the June 14, 2023, General Policy Committee (GPC) meeting of SBCOG, a proposed work plan update for SBCOG was considered.

MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 67 of 101 At the preceding July 5, 2023, SBCOG Board meeting, the Board considered and approved a GPC recommendation to form a SBCOG Ad Hoc Committee (Ad Hoc Committee) to (i) develop a plan for expanding the work capacity of, and program of services offered by, SBCOG; and (ii) develop a revised JPA–membership dues schedule that reflects annual dues increases paid by member agencies to provide funding for SBCOG’s proposed, expanded work capacity/program of services. Accordingly, an Ad Hoc Committee was formed to develop a work plan that would include revised budget parameters, expanded services and programs, and potential adjustments to JPA membership fees.

In developing a proposed work plan, the Ad Hoc Committee analyzed the programs offered by, and budgets and funding sources for, neighboring sister COGs, including the San Gabriel Valley Council of Governments (SGVCOG), Western Riverside Council of Governments (WRCOG), and the Coachella Valley Association of Governments (CVAG).

The analysis demonstrated that through their respective service programs and funding sources, the preceding entities offered a broader array of programs and services in comparison to SBCOG. Specifically, the analysis determined that SBCOG’s minimal operating funds and staff, which are distinctively separate from SBCTA’s operating program, effectively limit SBCOG’s ability to provide a broader program of services for its member agencies. In addition, neighboring COGs were also structured to offer a set of general services (or baseline services) to all participating jurisdictions, plus subscription services provided to those jurisdictions opting to benefit from a program of available services.

Tables 1 and 2, attached to this agenda report, and developed by the Ad Hoc Committee, itemize budget requirements and various programs and services likely to be offered by SBCOG through a revised work plan. Items contained in Table 1 represent optional subscription services, and items contained in Table 2 represent expanded baseline functions of SBCOG.

To address the issue of funding for a broader scale of baseline programs offered through SBCOG, the Ad Hoc Committee submitted the following baseline–level option for increased COG services and expansion of the SBCOG budget:
 Baseline–level. The Ad Hoc Committee identified the offering of a baseline schedule of services as a starting point for a revised work plan for SBCOG. The baseline program includes increasing SBCOG staff from the current 1.3 employees to 3 full– time employees, plus consultant support. At the baseline–level, personnel would carry out the functions of project management, liaison services, regional advocacy, and grant writer/coordinator (Table 2).

As proposed by the Ad Hoc Committee, the baseline–level would increase the annual SBCOG Budget from the current $658,000 annually to approximately $1.5 million, including funding for three employees. To achieve the $1.5 million funding level for baseline services, plus annual increases, the Ad Hoc Committee recommended increases to annual JPA Membership fees, and that the baseline–level of services and higher membership fees be incorporated into the SBCOG budget planning process starting with Fiscal Year 2024–25 and continuing through succeeding years. The formula for adjusting annual membership fees would incorporate the lesser of the Consumer Price Index (CPI) or 2 percent to cover normal budget increases.

The proposed $1.5 million first–year funding level would not include revenue from grant–funded projects or subscription services. For example, in calendar years 2024 and 2025 SBCOG is projected to receive significant increases in grant dollars from the Regional Early Action Program 2.0 (REAP 2.0), funded through the California Department of Housing and Community Development (HCD) and the Southern MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 68 of 101 California Association of Governments (SCAG). These grant funds would be separate from the source funds from SBCOG member agencies, and would be allocated for their defined purposes.

As part of the baseline discussion, the Ad Hoc Committee proposed the following three alternative funding scenarios regarding the distribution of SBCOG baseline costs to member agencies:
a. 100% Population;
b. 100% Sales and Property Tax Revenues Received; or
c. 50% Population/50% Sales and Property Tax Revenues Received.

The Ad Hoc Committee recommended the 50% Population/50% Sales and Property Tax Revenues Received formula as the proposed cost allocation method.

The baseline–level recommendation would also increase SBCOG’s staffing level incrementally over two years to give SBCOG an opportunity to hire employees, establish an SBCOG work plan, and contract with consulting firms.

Table 3, attached to the agenda report, depicts the shares of the $1.5 million in annual SBCOG dues that would be assessed to each member jurisdiction based on the proposed 50% Population/50% Sales and Property Tax Revenues Received methodology—Montclair’s proposed annual membership fee would increase from the current $15,540 to $31,370, as indicated in columns 8 and 10, respectively.

To achieve the funding target for SBCOG, the Ad Hoc Committee recommended amending the JPA Agreement. The existing JPA Agreement specifies the particular method by which member agencies are to be assessed for membership dues; i.e., that methodology utilizes a 50% Population/50% Assessed Valuation formula, plus other approved assessments as depicted in Table 3, column 8.

However, continuing with that methodology under the proposed revision to the baseline–level scenario (50% Population/50% Sales and Property Tax Revenues Received methodology) would be burdensome to many agencies across the region— Table 4 attached to this agenda report, demonstrates the cost to member agencies if member’s dues assessments were to be made with the existing 50% Population/50% Assessed Valuation formula—Table 2 shows impacts under $1.5 million (column 13) and $3 million (column 15) SBCOG budget scenarios.

Revising the new assessment formula for member agency cost allocations to 50% Population/50% Sales and Property Tax Revenues Received, as indicated in Table 3, column 10, results in a more equitable method of assessing member agency dues, and would require an amendment to the JPA Agreement.

While developing a revised cost allocation methodology, the Ad Hoc Committee ultimately determined that state sales and property tax allocation methods could be modified by future legislative action, thereby adversely impacting any proposed allocation formula utilizing this methodology—sales and property taxes revenues received represent fifty percent of SBCOG’s revised membership fee methodology.

SBCOG membership allocations could also be affected by significant shifts in population. To address these concerns, Agreement No. 24–02 excludes language specific to the use of an allocation formula for assessing annual membership fees; instead, allocation of annual membership fees would rely on an SBCOG Board– approved policy for assessing membership fees, with each member agency’s assessment to be approved through adoption of their respective annual budgets.

Because SBCOG is a joint powers authority, with Board representation comprised of MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 69 of 101 one representative from each member agency, it is expected that the SBCOG Board would act in the interest of the majority of member agencies.

Going forward, the scope of SBCOG Board policy will remain centered around the current allocation structure based on population and assessed valuation. This policy would memorialize the existing members’ dues structure as the starting basis point, as indicated the following discussion (Base Assessment), and incorporate other current and proposed components to establish the JPA membership fee:
a. Base Assessment. The prior year’s base assessment would be used to calculate the succeeding year’s (Fiscal Year 2024–25) base adjustment. The revised calculation would be based on the annual percentage change in population for each member agency, plus the annual percentage change in assessed valuation for each member agency, added together and divided by two (2) to arrive at the annual increase—see Table 3, columns 2 and 3 for the 2022 population estimate and assessed value per agency for Fiscal Year 2022–23 and column 5 for the current allocation based the Original Bases Assessment; plus b. Revised Assessment. The revised assessment is arrived at by using the 50% Population/50% Sales and Property Tax Revenues Received methodology to achieve the $1.5 million budget requirement—see Table 3, column 4 for the value, per agency, of the 50% Population/50% Sales and Property Tax Revenues Received methodology and column 9 for the allocation per agency. c. FY 2015–16 Additional Assessment. The additional annual assessment of $133,418 (or $5,337 per member agency) adopted in Fiscal Year 2015–16—see Table 3, column 6; plus
d. FY 2021–22 Additional Assessment. The additional annual assessment of $200,000 (or $8,000 per member agency) adopted in Fiscal Year 2021–22—see Table 4, escalated every Fiscal Year thereafter of the lower of Consumer Price Index (CPI) or 2%––see Table 3 column 7; plus
e. Any further assessment to fund any gap between the SBCOG Board–approved annual budget and the total of the assessments set forth in “a.”, “b.”, “c.” and “d.”, above. In determining the amount of said gap, no grant moneys shall be considered. This “gap” assessment shall be based on the following—one–half on the population of each signatory member, and one–half on the combined General Fund property tax and General Fund base sales tax revenue rate of each signatory member, where “base sales tax” means the statewide sales tax and is exclusive of any additional local sales taxes, escalated every Fiscal Year thereafter of the lower of Consumer Price Index (CPI) or 2%; plus
f. Further assessments to fund optional or subscription programs and projects beyond those identified in the annual budget—assessed on a cost–allocation basis to fund the cost of the program or project.

At its meeting of January 3, 2024, the SBCOG Board of Directors approved recommendations of the Ad Hoc Committee as discussed herein, and ordered submission of Amendment No. 4 (represented here as Agreement No. 24–02) to the JPA Agreement to all member agencies of the JPA for consideration.

Following execution of Amendment No. 4 by all member agencies, SBCOG will work through the Ad Hoc Committee and the City/County Managers’ Technical Advisory Committee to identify program and project priorities and amend the approved work plan.

MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 70 of 101 FISCAL IMPACT: The revised, proposed annual SBCOG JPA membership fee for the City of Montclair for Fiscal Year 2024–25 is $31,370 (versus the current assessment of $15,540), and would be included in Montclair’s proposed Fiscal Year 2024–25 Budget.

RECOMMENDATION: Staff recommends the City Council Approve Agreement No. 24– 02, Amendment No. 4 To Agreement No 73–230, a Joint Powers Authority (JPA) Agreement with the San Bernardino Council of Governments (SBCOG), setting forth a process for determining annual assessments to Member Agencies of SBCOG effective Fiscal Year 2024–25 and each fiscal year thereafter; allowing for optional subscription assessments for specified programs; and establishing a revised annual membership fee for Montclair and other Member Agencies of SBCOG for Fiscal Year 2024–25.

MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 71 of 101 7$%/(
2023-2025 SBCOG WORK
3/$N
SBCOG COG/Equity Work Plan and Budget
Program/ Project COG SBCTA Partners Grant Funds FY
1 San Bernardino Regional Housing Trust Implementation 362,500.00 $ 2022-20242 Smart County Master Plan 1,000,000.00 $ 2022-20243 Small Business Study 50,000.00 $ 2022-20244 Equity Framework - Strategy to work with NGOs and CBOs and SBCTA/SBCOG Policies/Processes/Projects 200,000.00 $ 50,000.00 $ 2023-2025 5 Outdoor Equity Program 10,000.00 $ 689,000.00 $ 2022-20256 SBCOG Regional Advocacy Strategy 50,000.00 $ SBCOG Work Plan Functions and Cost Borne by SBCOG
7 Countywide Vision Leadership8 Countywide Vision Element Group Particiatpion9 Sponsorhip Program Administration Annually 10 Business to Business Equity Track11 CALCOG Dues12 Project Controls13 Stipends 14 Marketing15 Grant Writing 50,000.00 $ 260,000.00 $ 1,000,000.00 $ 1,101,500.00 $
Total SBCOG Work Plan Projects 2023-2025 2,411,500.00 $ MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 72 of 101 ϮϬϭϴͲϮϬϮϯCOG Work Plan and Budget 1 2 3 4 5 67
Program/ Project Total Cost SBCTA Partners Grant Funds COG Funding Needed FY 1 Optimizing Emergency Medical Services in San Bernardino County 300,000.00 $ 150,000.00 $ 150,000.00 $ Ͳ $ 18Ͳ19 2 Workforce Resource ID and Toolkit 130,000.00 $ 130,000.00 $ Ͳ $ 18Ͳ19 3 Housing Strategic Plan and Summit 300,000.00 $ 300,000.00 $ Ͳ $ 18Ͳ19 4 CASE/School District Coordination 50,000.00 $ 50,000.00 $ Ͳ $ 18Ͳ195 Speaker SeriesͲPartnership with WRCOG 25,000.00 $ 25,000.00 $ Ͳ $ 18Ͳ196 Broadband Needs Assessment 90,000.00 $ 90,000.00 $ Ͳ $ 19Ͳ20 7 Internship Program Plan 100,000.00 $ 100,000.00 $ Ͳ $ 19Ͳ20 8 Shared Services Program Plan 200,000.00 $ 200,000.00 $ Ͳ $ 19Ͳ20 9 Policy Toolkit for Healthy Communities Strategy Implementation 150,000.00 $ 67,000.00 $ 83,000.00 $ 20Ͳ21 10 Healthy Development Checklist 2.0 150,000.00 $ 150,000.00 $ 20Ͳ21 11 Local Staff Training/Collaboration 25,000.00 $ 25,000.00 $ 20Ͳ21 12 Regional/BiCounty Healthy Communities Summit 25,000.00 $ 25,000.00 $ 20Ͳ21 13 SB 1000 (EJ) 150,000.00 $ 150,000.00 $ 19Ͳ20
14 IEGO Ͳ $ Ͳ $ Ͳ $ Ongoing
15 Summer Meals Partnership Ͳ $ Ͳ $ Ͳ $ Ongoing16 Census 2020 Ͳ $ Ͳ $ Ͳ $ Ongoing 17 Alignment SBC Ͳ $ Ͳ $ Ͳ $ Ongoing
18 California Association of Councils of Government Ͳ $ Ͳ $ Ͳ $ Ongoing19 Countywide Transformation Plan Ͳ $ Ͳ $ Ͳ $ Ongoing 20 Green House Gas Reduction Plan 400,635.00 $ 400,635.00 $ Ͳ $ Ongoing 21 Countywide Habitat Preservation 400,000.00 $ 220,000.00 $ 30,000.00 $ 150,000.00 $ Ongoing 22 Climate Adaptation 600,000.00 $ 600,000.00 $ Ͳ $ Ongoing 23 ZEV 170,000.00 $ 170,000.00 $ Ͳ $ Ongoing
24 Forest Management Plan 266,000.00 $ 190,000.00 $ PB (76500) Ͳ $ Ongoing 25 Open Data Portal Dashboard 50,000.00 $ 30,000.00 $ 20,000.00 $ Ͳ $ 18Ͳ19 26 Marketing 75,000.00 $ 75,000.00 $ Ͳ $ 18Ͳ19
27 Grant Writing (Existing Contract) 379,500.00 $ PB (379,500) Ͳ $ Ongoing 28 Grant Writing (new 2 year contract in 2019) 285,000.00 $ 142,500.00 $ 142,500.00 $ Ͳ $ 19Ͳ20 4,321,135.00 $ 142,500.00 $ 560,000.00 $ 1,230,635.00 $ 1,349,500.00 $ 583,000.00 $ OGͲ21 PB is Previously Budgeted and Funded Remaining Fund Balance 50,500.00 $ 7$%/(
MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 73 of 101 New
Assessed Value Base Sales Tax + Total Current Assessment Total Current Population Fiscal Year Property Tax Original 2016 2022 Assessments 50% Population/ Assessments + Jurisdiction 2022 2022/2023 Revenues (1) Assessment (2) Assessment (3) Assessment (4) (2)+(3)+(4) 50% Revenue New Assessment (5) Adelanto 36.357 $3,011,709,510 8,290,201 $1,856 $5,337 $8,000 $15,193 $10,379 $25,572 Apple Valley 75,628 $7,557,490,866 25,206,081 $4,166 $5,337 $8,000 $17,503 $23,345 $40,848 Barstow 25,202 $1,724,738,920 19,590,846 $1,200 $5,337 $8,000 $14,537 $10,247 $24,784 Big Bear Lake 5,041 $4,416,276.035 18,299,262 $1,204 $5,337 $8,000 $14,541 $5,221 $19,762 Chino 91,998 $17,295,592,739 75,528,060 $6,985 $5,337 $8,000 $20,322 $38,292 $58,614 Chino Hills 77,964 $14,639,278,992 32,696.782 $5,915 $5,337 $8,000 $19,252 $25,546 $44.798 Colton 53,617 $5,016,940,896 31,398.593 $2,873 $5,337 $8,000 $16,210 $19,534 $35,744 Fontana 212,809 $27,019,267,552 108,183,439 $13,084 $5,337 $8,000 $26,421 $73,906 $100,327 Grand Terrace 13.042 $1,347,509,349 5,765,052 $729 $5,337 $8,000 $14,066 $4,339 $18,405 Hesperia 100,324 $8,075,905,550 23,814,083 $5.065 $5,337 $8,000 $18,402 $28,847 $47,249 Highland 56,546 $4,500,367,999 21,881,584 $2,843 $5,337 $8,000 $16,180 $18,124 $34,304 Loma Linda 25,349 $2,827,789,573 12,255,309 $1,466 $5,337 $8,000 $14,803 $8,664 $23,467 Montclair 37.846 $4,280,071,001 31,424,075 $2,203 $5,337 $8,000 $15,540 $15.830 $31,370 Needles 4,876 $495,248,695 8,921,710 $270 $5,337 $8,000 $13,607 $3,114 $16,721 Ontario 179,516 $36,223,657,090 243,176,826 $14,216 $5,337 $8,000 $27,553 $95,842 $123,395 Rancho Cucamonga 174,476 $32,965,855,079 87,561,737 $13.287 $5,337 $8,000 $26,624 $60,344 $86,968 Redlands 72,585 $12,032,086,055 66,216,730 $5,129 $5,337 $8,000 $18,466 $31,673 $50.139 Rialto 103,954 $13,115,586,958 111,985,260 $6,372 $5,337 $8,000 $19,709 $49,142 $68,851 San Bernardino 220,840 $19,097,789.522 129,701,848 $11,462 $5.337 $8,000 $24,799 $80,540 $105,339 Twentynine Palms 27,685 $1,137,526,790 10.674,796 $1,139 $5,337 $8,000 $14,476 $8,865 $23,341 Upland 79,139 $11,532,952.948 41,173,743 $5,217 $5,337 $8,000 $18,554 $27,692 $46,246 Victorville 136,561 $11,444,656,207 65,149,801 $7,001 $5,337 $8,000 $20,338 $46,484 $66,822 Yucaipa 54,494 $5,524,015,696 19,954,046 $3,020 $5,337 $8,000 $16,357 $17,217 $33,574 Yucca Valley 21,813 $2,270,934,302 11,976.891 $1,223 $5,337 $8,000 $14,560 $7,771 $22,331 County 300,003 $42,962,663,648 1,122,622,000 $19,598 $5,330 $8,000 $32,928 $318,100 $351,028 2,187,665 $290,515,911,972 2,333,448,755 $137,523 $133,418 $200,000 $470,941 $1,029,059 $1,500,000 NOTES:
(1) Base sales tax (7. 75%) and property tax amounts obtained from financial statements for FY 2022, except for Town of Apple Valley FY 2021 and City of Adelanto FY 2020. Additional local tax is deducte, (2) Original assessment based on 50% population and 50% assessed value. Amounts are adjusted every fiscal year. (3) In FY201512016, the Board of Directors approved an additional $133,418 every fiscal year for Council of Government (COG) activities. (4) In FY2021/2022, the Board of Directors approved additional monetary obligations for COG activities: $66,675 for FY22-23, $133,350 for FY23-24, $200,000 for FY24-25 and escalation every fiscal year (5) $1.SM total sum of current assessments plus the net amount of $1,029,059 distributed based on 50% Population/SO% Revenue.

TABLE 3
SBCOG General Assessment Dues & Potential Increase
MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 74 of 101 FY2023/2024 FY2023/2024 FY2023/2024 FY2023/2024
% OF ASSESSED VALUE % OF AVG. % MANDATORY OTHER MONETARYOTHER MONETARY OTHER MONETARY FY2023/2024 INCREASE IN $1.5 M INCREASE IN $3 M POP. TOTAL BEFORE RDA TOTAL POP. & ASSESSMENT OBLIGATIONS OBLIGATIONS OBLIGATIONS TOTAL DUES TO TOTAL DUES TO TOTAL JURISDICTION: 2022 POP. 2022/2023 VALUE VALUE AMOUNT AMOUNT (5) AMOUNT (6) AMOUNT (5)+(6) AMOUNT (7) TOTAL $1.5M (8) DUES (9) TOTAL $3M (10) DUES (11) Adelanto 36,357 1.662% $3,011,709,510 1.037% 1.349% $1,856 $5,337 $5,334 $10,671 $12,527 $14,784.32 $27,311 35,024 $47,551 Apple Valley 75,628 3.457% $7,557,490,866 2.601% 3.029% $4,166 $5,337 $5,334 $10,671 $14,837 $33,191 $48,028 78,630 $93,467 Barstow 25,202 1.152% $1,724,738,920 0.594% 0.873% $1,200 $5,337 $5,334 $10,671 $11,871 $9,564 $21,435 22,656 $34,527 Big Bear Lake 5,041 0.230% $4,416,276,035 1.520% 0.875% $1,204 $5,337 $5,334 $10,671 $11,875 $9,591 $21,466 22,720 $34,595 Chino 91,998 4.205% $17,295,592,739 5.953% 5.079% $6,985 $5,337 $5,334 $10,671 $17,656 $55,655 $73,311 131,845 $149,501 Chino Hills 77,964 3.564% $14,639,278,992 5.039% 4.301% $5,915 $5,337 $5,334 $10,671 $16,586 $47,131 $63,717 111,653 $128,239 Colton 53,617 2.451% $5,016,940,896 1.727% 2.089% $2,873 $5,337 $5,334 $10,671 $13,544 $22,888 $36,432 54,222 $67,766 Fontana 212,809 9.728% $27,019,267,552 9.300% 9.514% $13,084 $5,337 $5,334 $10,671 $23,755 $104,246 $128,001 246,957 $270,712 Grand Terrace 13,042 0.596% $1,347,509,349 0.464% 0.530% $729 $5,337 $5,334 $10,671 $11,400 $5,807 $17,207 13,757 $25,157 Hesperia 100,324 4.586% $8,075,905,550 2.780% 3.683% $5,065 $5,337 $5,334 $10,671 $15,736 $40,354 $56,090 95,597 $111,333 Highland 56,546 2.585% $4,500,367,999 1.549% 2.067% $2,843 $5,337 $5,334 $10,671 $13,514 $22,648 $36,162 53,651 $67,165 Loma Linda 25,349 1.159% $2,827,789,573 0.973% 1.066% $1,466 $5,337 $5,334 $10,671 $12,137 $11,681 $23,818 27,671 $39,808 Montclair 37,846 1.730% $4,280,071,001 1.473% 1.602% $2,203 $5,337 $5,334 $10,671 $12,874 $17,549 $30,423 41,573 $54,447 Needles 4,876 0.223% $495,248,695 0.170% 0.197% $270 $5,337 $5,334 $10,671 $10,941 $2,155 $13,096 5,105 $16,046 Ontario 179,516 8.206% $36,223,657,090 12.469% 10.337% $14,216 $5,337 $5,334 $10,671 $24,887 $113,267 $138,154 268,326 $293,213Rancho Cucamonga 174,476 7.975% $32,965,855,079 11.347% 9.661% $13,287 $5,337 $5,334 $10,671 $23,958 $105,861 $129,819 250,782 $274,740Redlands 72,585 3.318% $12,032,086,055 4.142% 3.730% $5,129 $5,337 $5,334 $10,671 $15,800 $40,867 $56,667 96,814 $112,614 Rialto 103,954 4.752% $13,115,586,958 4.515% 4.633% $6,372 $5,337 $5,334 $10,671 $17,043 $50,766 $67,809 120,265 $137,308San Bernardino 220,840 10.095% $19,097,789,522 6.574% 8.334% $11,462 $5,337 $5,334 $10,671 $22,133 $91,319 $113,452 216,333 $238,466Twentynine Palms 27,685 1.266% $1,137,526,790 0.392% 0.829% $1,139 $5,337 $5,334 $10,671 $11,810 $9,078 $20,888 21,506 $33,316 Upland 79,139 3.618% $11,532,952,948 3.970% 3.794% $5,217 $5,337 $5,334 $10,671 $15,888 $41,568 $57,456 98,472 $114,360 Victorville 136,561 6.242% $11,444,656,207 3.939% 5.091% $7,001 $5,337 $5,334 $10,671 $17,672 $55,781 $73,453 132,144 $149,816Yucaipa 54,494 2.491% $5,524,015,696 1.901% 2.196% $3,020 $5,337 $5,334 $10,671 $13,691 $24,064 $37,755 57,007 $70,698 Yucca Valley 21,813 0.997% $2,270,934,302 0.782% 0.889% $1,223 $5,337 $5,334 $10,671 $11,894 $9,745 $21,639 23,086 $34,980 County 300,003 13.713% $42,962,663,648 14.788% 14.251% $19,598 $5,330 $5,334 $10,664 $30,262 $156,148 $186,410 369,912 $400,174 2,187,665 100.000% $290,515,911,972 100.00% 100.00% $137,523 $133,418 $133,350 $266,768 $404,291 $1,095,709 $1,500,000 $2,595,709 $3,000,000 NOTES:1) Population Source: Most recent Measure I population data, which is the Department of Finance estimate as of January 1 reconciled to the total population for San Bernardino County.2) Net Assessed Value Source: Property Tax Section, County Auditor/Controller.3) These calculations are based on the most recent data received from the County of San Bernardino.4) Assessed valuation of jurisdiction includes properties within redevelopment areas.5) In FY2015/2016, the Board of Directors approved an additional $133,418 to FY2023/2024 dues for Council of Government (COG) activities.7) Assessment dues based on average population and assessed valuation and other monetary obliagations.8) Increased amount based on average population and assessed valuation for total assessments of $1.5M.9) Assessment dues based on average population and assessed valuation and other monetary obliagations and increase of $1,095,709 for total assessment of $1.5 M (7+8).10) Increased amount based on average population and assessed valuation for total assessments of $3M.11) Assessment dues based on average population and assessed valuation and other monetary obliagations and increase of $2,595,709 for total assessment of $3 M (7+10).6) In FY2021/2022, the Board of Directors approved the following additional monetary obligations for Council of Government (COG) activities: $66,675 for FY22-23, $133,350 for FY23-24, $200,000 for FY24-25. Furthermore, the Board approved to escalate this additional monetary obligation by the lower of CPI factor or 2% per year, starting from FY25-26. 7$%/(
San Bernardino County Transportation Authority
General Assessment Dues Calculation
Fiscal Year 2023/2024 Budget
MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 75 of 101 Agreement No. 24–02
(Amendment #4 to Agreement No. 73–230)
1 of 3
SANBAG JPA Amendment #4
Amended Agreement for the Joint Exercise of Powers
Relative to the San Bernardino Associated Governments
This Amendment No. 4 to the Agreement for the Joint Exercise of Powers (“Agreement”) Relative to the San Bernardino Associated Governments is entered into by and between San Bernardino County, a political subdivision of the State of California; the City of Adelanto, a charter city; the Town of Apple Valley, a municipal corporation; the City of Barstow, a municipal corporation; the City of Big Bear Lake, a charter city; the City of Chino, a municipal corporation; the City of Chino Hills, a municipal corporation; the City of Colton, a municipal corporation; the City of Fontana, a municipal corporation; the City of Grand Terrace, a municipal corporation; the City of Hesperia, a municipal corporation; the City of Highland, a municipal corporation; the City of Loma Linda, a charter city; the City of Montclair, a municipal corporation; the City of Needles, a charter city; the City of Ontario, a municipal corporation; the City of Rancho Cucamonga, a municipal corporation; the City of Redlands, a municipal corporation; the City of Rialto, a municipal corporation; the City of San Bernardino, a charter city; the City of Twentynine Palms, a municipal corporation; the City of Upland, a municipal corporation; the City of Victorville, a charter city; the City of Yucaipa, municipal corporation; and the Town of Yucca Valley, a municipal corporation.

RECITALS

1. WHEREAS, each party to the Agreement is a public agency and is authorized to enter into this Amendment No. 4;

2. WHEREAS, each party to the Agreement entered into and executed a Joint Powers Agreement creating an organization (San Bernardino Associated Governments) to explore and study countywide, subregional and regional problems and to effect improved intergovernmental cooperation; and

3. WHEREAS, the parties have previously amended the Agreement three times, the last time being in 1975; and

4. WHEREAS, the parties desire to amend the Agreement to rename the entity formed by the Agreement to be San Bernardino Council of Governments; and

5. WHEREAS, the Agreement’s funding mechanism is outdated, and as such, the parties desire to amend the Agreement to provide greater funding to the joint powers entity in a more equitable manner.

NOW, THEREFORE, the parties hereto agree as follows:

1. The joint powers entity formed by the Agreement shall be known as the San Bernardino Council of Governments (“SBCOG”). All instances of “San Bernardino Associated Governments” in the Agreement are replaced with “San Bernardino Council of Governments.” All instances of “SANBAG” are replaced with “SBCOG.” All instances of “the Association” or “the association” in reference to the joint powers entity are replaced with “the COG.”

2. The article titled “ASSESSMENTS” is removed and replaced in its entirety with the following:

ASSESSMENTS

10. In reviewing the budget, the Board of Directors shall determine what assessments are necessary. Such assessments shall be calculated in accordance with SBCOG policy adopted by the Board of Directors. The policy will identify a particular method or formula specifying MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 76 of 101 Agreement No. 24–02
(Amendment #4 to Agreement No. 73–230)
2 of 3
how member agency dues shall be assessed, and will also allow for optional, subscription assessments that member agencies may opt in to on a voluntary basis, based on a Boardadopted budget or budget amendment and a subscription work program.

Each party shall be informed of its estimated assessment by April 1. After the final budget becomes effective, the Board of Directors shall determine the precise amount of the assessment, if any may be necessary, and the parties shall be so informed. Assessments shall be payable on or before August 1 for the fiscal year starting July 1.

In addition to the assessments referenced in the preceding paragraphs, advances from the public funds of the parties hereto may be made for the purposes set forth in this Agreement.

When such advances are made, they shall be repaid from the first available funds.

The Board of Directors shall have the power to authorize utilization of personnel, equipment, or property of one or more of the parties to this Agreement in complete or partial satisfaction of such party's obligations to pay assessments or make advances.

All assessments or other monetary obligations hereunder shall be paid to the COG and shall be authorized for expenditure by a majority vote of the Board of Directors in connection with the adoption of the annual budget.”

3. This Amendment No. 4 shall become binding upon each party hereto upon that party’s execution.

Signed and attested by the following:

Jurisdiction Date
City of Adelanto
City of Apple Valley
City of Barstow
City of Big Bear Lake
City of Chino
City of Chino Hills
City of Colton
City of Fontana
City of Grand Terrace
City of Hesperia
City of Highland
City of Loma Linda
See Signatures for Montclair Below
City of Montclair
MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 77 of 101 Agreement No. 24–02
(Amendment #4 to Agreement No. 73–230)
3 of 3
Jurisdiction Date
City of Needles
City of Ontario
City of Rancho Cucamonga
City of Redlands
City of Rialto
City of San Bernardino
City of Twentynine Palms
City of Upland
City of Victorville
City of Yucaipa
Town of Yucca Valley
County of San Bernardino
SBCOG Board Adopted: January 3, 2024
City of Montclair
Javier John Dutrey, Mayor
Attest: Approved as to Form:

Andrea M. Myrick, City Clerk Diane E. Robbins, City Attorney MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 78 of 101

CITY COUNCIL

AGENDA REPORT
DATE: JANUARY 16, 2024
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 3
FILE I.D.: PRK525
DEPT.: PUBLIC WORKS
PREPARER: R. ORTEGA
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 24–03 WITH RED DOT INDUSTRIAL PARK,

LLC FOR THE MAINTENANCE AND USE OF THE COMMON WALLS AT REEDER RANCH

PARK, SUBJECT TO ANY REVISIONS DEEMED NECESSARY BY THE CITY ATTORNEY REASON FOR CONSIDERATION: The City Council is requested to consider approving Agreement No. 24–03 with Red Dot Industrial Park, LLC for the Maintenance and Use of the Common Walls at the Reeder Ranch Park.

A copy of proposed Agreement No. 24–03 is attached for the City Council’s review and consideration.

BACKGROUND: On March 19, 2020, the City was notified of its successful application with the Statewide Park Development and Community Revitalization Program for construction of a new park on a City–owned lot adjacent to the Reeder Citrus Ranch property. The grant was awarded to the City to design and build Reeder Ranch Park, a

1.56–acre neighborhood multi–benefit park with athletic and passive recreational play opportunities. The park when complete will include a 2,500 square–foot recreational building, bike racks, fruit trees, a fitness equipment area, lighting throughout the park, a parking lot, a playground, artwork, as well as benches and companion seating around the playground and barbeque area.

On February 21, 2023, the City Council awarded the construction of the Reeder Ranch Park Project to PUB Construction, Inc. and appropriated sufficient funds for construction of the project.

On the south side of the Reeder Ranch Park site there are two buildings that flank the new Reeder Ranch Multi–Purpose and Annex Buildings, which are owned by the Red Dot Industrial Park, LLC. The City has negotiated the agreement to use the common building walls to display mural artwork that supports Montclair’s Reeder Ranch Park. The proposed designs are attached. The City will be responsible for maintaining the murals and adjacent landscape areas. These murals will be visible from Holt Boulevard and serve to frame the Multi–Purpose and Annex Building complex. The murals also provide the site artwork contemplated in the Statewide Park Development and Community Revitalization Program Grant.

FISCAL IMPACT: The Reeder Ranch Park Project is funded by the Statewide Park Development and Community Revitalization Program Grant Fund in the amount of $5,137, 00 and 2021 Lease Revenue Bond funds. The cost to prepare the artwork, ready the building surface, and construct the murals is included in the funds allocated for the construction project.

RECOMMENDATION: Staff recommends that the City Council approve Agreement No. 24–03 with Red Dot Industrial Park, LLC for the maintenance and use of the common walls at Reeder Ranch Park, subject to any revisions deemed necessary by the City Attorney.

MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 79 of 101 Murals at Reeder Ranch Park
MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 80 of 101 Agreement No. 24-03

CITY OF MONTCLAIR

MAINTENANCE AND USE AGREEMENT
THIS MAINTENANCE AND USE AGREEMENT (“Agreement”) is made and entered into as of January 16, 2024, by and between the City of Montclair, a California municipal corporation City of Montclair, and Red Dot Industrial Park, LLC. The City and Private Owner are sometimes referred to together herein as the “Parties.”

RECITALS
This License Agreement is made with reference to the following facts:

A. City is the owner of certain real property located at 4405 Holt Blvd in the City of Montclair, County of San Bernardino, State of California, commonly referred to as Reeder Ranch Park (hereinafter, “Site”).

B. Private Owner is the owner of certain real property located at 4382 and 4392 Brooks St in the City of Montclair, County of San Bernardino, State of California, commonly known as Red Dot Industrial Park, LLC [APN 1012051060000] (hereinafter, “the Property”).

C. The Site and the Property are separated by a common wall (the “Common Wall”) located at the northern edge of the Property and southern edge of the Site. Private Owner has installed and maintained certain plant material with roots on the Property at the southern edge of the Common Wall but with vines and branches that extend over the top of the Common Wall onto the north facing portion of the Common Wall (the “North Face”). Part of the separation between the Property and the Site is also the side of two buildings on the Property extending the northern edge of the Property and the southern edge of the Site, flush with the Common Wall; those building faces so facing the Site are referred to herein as the “Building Sides.” D. Certain plant material with roots on the Property also extend onto the Building Sides.

E. The Parties mutually desire to set forth their mutual understandings regarding the responsibilities of the respective Parties with respect to the south facing portion of the Common Wall (the “South Face”) and the North Face, as well as the Building Sides.

AGREEMENTS OF THE PARTIES
NOW THEREFORE, in consideration of the mutual covenants and obligations of the parties herein contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

Section 1. Maintenance and Use of the Common Wall.
(a) South Face. Private Owner shall maintain at its cost the South Face, including without limitation plant material located nearby and/or adjacent to the Common Wall. Private Owner shall take reasonable steps from time to time to eliminate or minimize the encroachment of plant material rooted in the Property as against the North Face and the Site.

MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 81 of 101 Agreement No. 24-03

(b) North Face. City shall maintain at its cost the North Face and the Building Sides. City may, at its discretion, cause a mural and/or other art work to be displayed on the North Face and the Building Sides; the City is not obligated to repaint the North Wall or the Building Sides at any particular interval. Private Owner agrees that City may cut plant material which is at or beyond the top of the Common Wall and may remove any plant material which extends onto the North Face, the Building Sides, and/or the Site.
(c) Term of Agreement. This Agreement shall take effect upon the date of approval first above written and the term of this Agreement shall continue until the twentieth (20th) anniversary of the date of approval; in addition, unless terminated prior to the twentieth (20th) anniversary, this Agreement shall be deemed to be automatically extended for a period of an additional twenty (20) years.
(d) Condition of the Common Wall and Building Sides. The Parties, neither of whom has investigated the condition of the Common Wall and Building Sides, are informed and believe that the Common Wall and Building Sides are in good condition. This Agreement shall not alter any duties which exist prior to the approval of this Agreement concerning the structural integrity of the Common Wall and Building Sides or any duties to repair or replace the Common Wall or Building Sides.

Section 2. Termination, Default, & Restoration of Land to Original Condition. (a) Termination Without Cause. Prior to the installation of a mural or other artwork on the North Face and Building Sides, this Agreement may be terminated without cause by either party upon giving ninety (90) days written notice to the other Party. After a mural or other artwork is installed on the North Face and or Building Sides, this Agreement shall not be subject to be terminated without cause by the Private Owner.
(b) Default and Cure Provisions; For Cause. In addition to the rights described in Section 2(a), either Party shall have the right to terminate this Agreement upon notice and an opportunity to cure being given to the other Party as follows: “Default” means the failure of either Party to perform or violation of any term, condition, covenant or agreement of this Agreement, and the continuation of such failure or violation for a period of thirty (30) days after one Party shall have given the other Party written notice specifying the same, or in the case of a situation in which the default cannot reasonably be cured within thirty (30) days, if the Party receiving such notice of Default shall not promptly, within thirty (30) days after receipt of such notice, commence to remedy the situation by a means that can reasonably be expected to remedy the situation within a reasonable period of time, not to exceed thirty (30) days from the notice of Default, and diligently pursue the same to completion. (c) Effect of Termination. Termination of this Agreement shall in no way prejudice any of the rights and remedies available to either Party at law or in equity.

Section 3. Compliance with Laws.

Each Party shall perform hereunder in compliance with all applicable laws, including without limitation the Montclair Municipal Code as it may be amended from time to time.

MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 82 of 101 Agreement No. 24-03

Section 4. No Duty to Warn.

Neither Party has a duty to inspect the Common Wall and Building Sides or to warn the other Party or any person of any other latent or patent defect, condition or risk that might be incurred with respect to the Common Wall and Building Sides.

Section 5. Notices.

Any notices required to be given under this License Agreement shall be sent to the following parties by either fax transmission or first class mail postage prepaid as follows:

To CITY:

Mikey Fuentes
Dir. of Economic Development
City of Montclair
5111 Benito Street
Montclair, CA 91763
To PRIVATE OWNER:

Red Dot Industrial Park LLC
Roberts Property Management
11325 La Mirada Blvd
Whittier, CA 90604
Section 6. Entire Agreement.

This Agreement sets forth the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior discussions, negotiations, understandings or agreements relating thereto.

Section 7. No Oral Modification.

No alteration or variation of this Agreement shall be valid or binding unless made in writing and signed by the parties hereto.

Section 8. Assignment.

Private Owner may not assign any of their rights under this Agreement, either voluntarily or by operation of law. City may, in its sole and absolute discretion, assign this Agreement to any successor in interest to the Site.

Section 9. Governing Law.

This Agreement shall be construed in accordance with and governed by the laws of the State of California.

Section 10. Authority.

Each signatory hereto warrants to the other party its authority to sign on behalf of the party for whom its purports to sign.

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

MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 83 of 101 Agreement No. 24-03

CITY PRIVATE OWNER:

City of Montclair Red Dot Industrial Park, LLC.

By: By:

Javier John Dutrey, Mayor
_________________________,
Roberts Property Management,
Authorized Agent for Red Dot
Industrial Park, LLC.

Attest:

By:

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

By:

Diane E. Robbins, City Attorney
MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 84 of 101

CITY COUNCIL

AGENDA REPORT
DATE: JANUARY 16, 2024
SECTION: CONSENT - RESOLUTIONS
ITEM NO.: 1
FILE I.D.: PER710
DEPT.: ADMIN. SVCS.

PREPARER: A. MYRICK
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 24–3425 AUTHORIZING SALARIES AND

CLASSIFICATION TITLES FOR CITY EMPLOYEES ON A CONSOLIDATED SALARY

SCHEDULE
REASON FOR CONSIDERATION: For the purpose of ongoing transparency, the City Council is requested to annually review and authorize the wage provisions and classification titles for all employees of the City of Montclair.

A copy of proposed Resolution No. 24–3425 is attached for the City Council’s review and consideration.

BACKGROUND: Proposed Resolution No. 24–3425 reflects salary adjustments for all salary increases as described below. The Fiscal Year 2023–2024 salary adjustments for these employees are shown in Schedule “A” of Resolution No. 24–3425.  On December 18, 2023, the Personnel Committee/City Manager approved wage increases for all part–time benefited and selected part–time employees.  On December 18, 2023, the City Council approved:
o Agreement No. 23–90 regarding the negotiated salary increases with the Management (Nonsafety and Safety) Employees through FY 2023–24, and o Agreement No. 23–91 regarding the negotiated salary increases with the Executive Management Employees through FY 2023–24.
 On November 6, 2023, the City Council approved and adopted Agreement No. 23– 68 regarding the negotiated salary increases with the City Manager through December 31, 2026.
 On December 19, 2022, the City Council approved:
o Agreement No. 22–114 regarding the negotiated salary increases with the Montclair City Confidential Employees’ Association (MCCEA) through FY 2023–24. o Agreement No. 22–115 regarding the negotiated salary increases with the Montclair Police Officers’ Association (MPOA) through FY 2024–25,  On September 20, 2021, the City Council approved Agreement No. 21–57 regarding the negotiated salary increases with the Montclair General Employees’ Association (MGEA) through FY 2023–24.
 On June 21, 2021, the City Council approved Agreement No. 21–29 regarding the negotiated salary increases with the Montclair Firefighters’ Association (MFFA) through FY 2025–26.

City of Montclair employee salaries are also available for public access online at https://publicpay.ca.gov/ and at https://www.cityofmontclair.org/salary-schedule/.

MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 85 of 101 FISCAL IMPACT: The City Council’s adoption of proposed Resolution No. 24–3425 would create no financial impact to the City General Fund.

RECOMMENDATION: Staff recommends the City Council adopt Resolution No. 24–3425 authorizing the salaries and classification titles for City employees on a consolidated salary schedule.

MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 86 of 101 Resolution No. 24–3425 Page 1 of 2
RESOLUTION NO. 24–3425

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MONTCLAIR AUTHORIZING THE SALARIES AND

CLASSIFICATION TITLES FOR CITY EMPLOYEES ON A

CONSOLIDATED SALARY SCHEDULE
WHEREAS, pursuant to Government Code Section 3500, et seq., City of Montclair representatives met and conferred with the appropriate representatives of each employee association; and
WHEREAS, on December 18, 2023, the Personnel Committee/City Manager approved wage increases for all part–time benefited employees and selected part–time employees; and
WHEREAS, on December 18, 2023, the City Council approved Agreement No. 23–90 regarding the negotiated salary increases with the Management (Nonsafety and Safety) Employees through June 30, 2024; and
WHEREAS, December 18, 2023, the City Council approved Agreement No. 23– 91 regarding the negotiated salary increases with the Executive Management Employees through June 30, 2024; and
WHEREAS, on November 6, 2023, the City Council approved and adopted Agreement No. 23–68 regarding the increase in salary for the City Manager for a term of four years through December 31, 2026; and
WHEREAS, on December 19, 2022, the City Council approved Agreement No. 22–114 regarding the negotiated salary increases with the Montclair City Confidential Employees’ Association (MCCEA) through June 30, 2024; and WHEREAS, on December 19, 2022, the City Council approved Agreement No. 22–115 regarding the negotiated salary increases with the Montclair Police Officers’ Association (MPOA) through June 30, 2025; and
WHEREAS, on September 20, 2021, the City Council approved Agreement No. 21–57 regarding the negotiated salary increases with Montclair General Employees’ Association (MGEA) through June 30, 2024; and
WHEREAS, on June 21, 2021, the City Council approved Agreement No. 21–29 regarding the negotiated salary increases with the Montclair Firefighters’ Assocation (MFFA) through June 30, 2026; and
WHEREAS, for the purpose of ongoing transparency, the City Council has asked to annually review and authorize the wage provisions and classification titles for all employees of the City of Montclair.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Montclair does hereby find and determine that the salaries and classification titles of the City employees be as listed in Schedule "A" attached to this Resolution.

BE IT FURTHER RESOLVED that such salaries and classification titles shown in Schedule "A" shall remain in effect, and that the City Clerk shall certify to the passage of this Resolution and the Mayor shall sign the same.

APPROVED AND ADOPTED this XX day of XX, 2024.

Mayor
ATTEST:

City Clerk
MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 87 of 101 Resolution No. 24–3425 Page 2 of 2
I, Andrea M. Myrick, City Clerk of the City of Montclair, DO HEREBY CERTIFY that Resolution No. 24–3425 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, 2024, 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 – 01/16/2024 Page 88 of 101

CITY OF MONTCLAIR SALARY SCHEDULE

ALPHA RANGE LISTING
Classification A B C D E

PART-TIME/HOURLY
Accounting Specialist 23.95010 25.14762 26.40502 27.72530 29.11154 Administrative Aide 27.26313 28.62629 30.05758 31.56050 33.13846 Administrative Secretary (Relief) 24.19217 25.40181 26.67190 28.00550 29.40577 Administrative Technician (PTB) 24.19217 25.40181 26.67190 28.00550 29.40577 Benefits Coordinator 31.82435 33.41556 35.08633 36.84060 38.68269 Code Enforcement Officer (Relief) 29.28508 30.74931 32.28675 33.90110 35.59615 Community Building Supervisor 16.00191 16.80200 17.64210 18.52421 19.45042 Custodian 20.06758 21.07096 22.12454 23.23080 24.39231
Customer Service Representative/Office Specialist 20.61813 21.64904 22.73152 23.86810 25.06154 Deputy City Clerk 33.08688 34.74121 36.47827 38.30220 40.21731 Data Entry Clerk 16.98716 17.83652 18.72834 19.66476 20.64800 Economic Development Consultant -- -- -- 62.93000 66.10000 Facility Coordinator 16.00191 16.80200 17.64210 18.52421 19.45042 Fire Technician 16.57947 17.40844 18.27886 19.19281 20.15245 Graffiti Abatement Aide 16.00000 -- -- -- --
Graffiti Abatement Worker 21.58644 22.66575 23.79906 24.98900 26.23846 Health Education Intern 16.88524 17.72950 18.61597 19.54677 20.52411 Health Education Specialist [Grant] 20.58502 -- -- -- -- Information Technology Systems Analyst 43.93702 46.13388 48.44060 50.86260 53.40577 Instructor 16.00191 16.80200 17.64210 18.52421 19.45042 Junior Intern 16.00191 16.80200 17.64210 18.52421 19.45042 Kitchen Assistant [Grant] 18.21873 19.12967 20.08615 21.09046 22.14498 Lead Mechanic 21.38204 22.45114 23.57370 24.75238 25.99000 Leadworker, Maintenance 24.90894 26.15440 27.46212 28.83520 30.27692 Learning Leader [Grant] 18.99620 19.94601 20.94331 21.99048 23.09000 Maintenance Worker 21.58644 22.66575 23.79906 24.98900 26.23846 Mechanic Aide 18.68000 19.61000 20.59000 21.62000 22.71000 Medical Clinic Coordinator 25.00000 26.00000 27.00000 -- -- Medical Clinic Specialist 22.26046 23.37346 24.54213 25.76930 27.05769 Mini-School Coordinator 16.47755 17.30142 18.16649 19.07482 20.02856 Nutrition Site Manager 19.61168 20.59226 21.62187 22.70297 23.83812 Office Specialist 20.41887 21.43979 22.51177 23.63730 24.81923 Park Leader 16.00191 16.80200 17.64210 18.52421 19.45042 Park Maintenance Specialist 19.38287 20.35201 21.36961 22.43810 23.56000 Payroll Analyst 32.54579 34.17306 35.88173 37.67580 39.55962 Police Background Investigator 29.36225 30.83036 32.37188 33.99048 35.69000 Police Cadet 16.57947 17.40844 18.27886 19.19281 20.15245 Police Dispatcher (Relief) 27.49038 -- -- -- --
Police Services Specialist (Relief) 21.15923 22.21719 23.32806 24.49450 25.71923 Program Aide 16.26521 17.07847 17.93239 18.82901 19.77046 Receptionist/Office Specialist 19.94417 20.94138 21.98844 23.08790 24.24231 Recreation Intern 16.88524 17.72950 18.61597 19.54677 20.52411 Recreation Leader 16.00191 16.80200 17.64210 18.52421 19.45042 Recreation Specialist 16.15479 16.96253 17.81066 18.70119 19.63625 Senior Intern 16.78331 17.62248 18.50360 19.42878 20.40022 Senior Leadworker 30.02071 31.52175 33.09785 34.75280 36.49038 Senior Learning Leader 23.68560 24.86988 26.11338 27.41905 28.79000 Senior Police Cadet 18.67738 19.61125 20.59181 21.62141 22.70248 Senior Police Dispatcher (Relief) 29.66002 31.14300 32.70017 34.33520 36.05192 Senior Recreation Leader 17.48828 18.36270 19.28083 20.24487 21.25712 Senior Recreation Specialist 17.64697 18.52932 19.45578 20.42857 21.45000 Sewer Maintenance Specialist 19.38287 20.35201 21.36961 22.43810 23.56000 Sports Coordinator 17.77860 18.66753 19.60091 20.58095 21.61000 Street Maintenance Specialist 19.38287 20.35201 21.36961 22.43810 23.56000 Revised: 01/04/2024
Consolidated Salary Schedule "A"
Adopted Pursuant to Resolution No. 24-3425

Classification A B C D E

PART-TIME/HOURLY
Substitute Learning Leader 19.09357 20.04825 21.05066 22.10319 23.20835 Technical Services Specialist 29.36225 30.83036 32.37188 33.99048 35.69000 Transportation Coordinator 18.35463 19.27236 20.23598 21.24778 22.31016 Volunteer Services Coordinator (Modified Duty) 30.53872 32.06565 33.66893 35.35238 37.12000

PART-TIME/MONTHLY
City Attorney 6400 -- -- -- --
Council Member 742 1150 -- -- --
Mayor 1042 1650 -- -- --
Planning Commissioner 250 -- -- -- --
Reserve Code Enforcement Officer 300 -- -- -- --
Reserve Police Captain 600 -- -- -- --
Reserve Police Lieutenant 125 -- -- -- --
Reserve Police Officer 300 -- -- -- --
Reserve Police Sergeant 400 -- -- -- --

FULL-TIME
Accountant 4874 5117 5373 5642 5924
Accounting Specialist 4151 4359 4577 4806 5046
Administrative Aide 4726 4962 5210 5470 5744
Administrative Analyst 5735 6022 6323 6639 6971
Administrative Coordinator 5516 5792 6082 6386 6705
Administrative Secretary 4193 4403 4623 4854 5097
Administrative Services Coordinator 4948 5195 5455 5728 6014 Administrative Specialist 4193 4403 4623 4854 5097
Assistant City Manager/Human Services Director 13875 14569 15297 16062 16865 Assistant Code Enforcement Manager 7689 8073 8477 8901 9346 Assistant Director of Housing/Planning Manager 9304 9769 10258 10770 11309 Assistant Director of Human Services 6559 6887 7232 7593 7973 Assistant Director of Human Services/Grants Manager 10190 10700 11234 11796 12386 Assistant Engineer 7190 7549 7927 8323 8739
Assistant Fire Chief 13138 13795 14484 15209 15969
Assistant Planner 5294 5559 5117 6129 6435
Assistant Public Works Manager 6610 6941 7288 7652 8035 Assistant Senior Learning Coordinator 3888 4083 4287 4501 4726 Associate Engineer 7563 7941 8338 8755 9193
Associate Planner 6343 6660 6993 7343 7710
Benefits Coordinator 5516 5792 6082 6386 6705
Benefits Specialist 4642 4874 5117 5373 5642
Building Inspector 5307 5573 5851 6144 6451
Building Maintenance Supervisor 6940 7287 7652 8034 8436 Building Maintenance Technician 4264 4477 4701 4936 5183 Building Official/Code Enforcement Manager 9304 9769 10258 10770 11309 City Clerk 8073 8477 8901 9346 9813
City Clerk/Human Resources Manager 10190 10700 11234 11796 12386 City Manager -- -- -- -- 25376
City Planner/Planning Manager 9304 9769 10258 10770 11309 Code Enforcement Officer 5076 5330 5596 5876 6170
Code Enforcement Supervisor 6284 6598 6928 7274 7638
Community Compliance Specialist 5076 5330 5596 5876 6170 Community Health Education Coordinator [Grant] 4777 5016 5267 5530 5807 Community Services Supervisor 5587 5866 6160 6468 6791
Custodian 3478 3652 3835 4027 4228
Customer Service Representative/Office Specialist 3574 3753 3940 4137 4344 Deputy City Clerk 5735 6022 6323 6639 6971
Deputy Director of Community & Economic Development 10700 11235 11797 12387 13006 Deputy Fire Marshal 6951 7299 7664 8047 8449
Diagnostic Specialist 4692 4926 5173 5431 5703
Director of Community Development 13244 13906 14601 15331 16098 Director of Montclair Economic Development Agency 13244 13906 14601 15331 16098 Director of Finance 13244 13906 14601 15331 16098
Revised: 01/04/2024
Consolidated Salary Schedule "A"
Adopted Pursuant to Resolution No. 24-3425

Classification A B C D E

FULL-TIME
Director of Human Services 13244 13906 14601 15331 16098 Director of Information Technology 13244 13906 14601 15331 16098 Director of Public Works/City Engineer 13907 14602 15332 16099 16904 Economic Development Coordinator/Housing Associate 6425 6747 7084 7438 7810 Economic Promotions Coordinator 5516 5792 6082 6386 6705 Economic Services & Housing Manager 8483 8907 9352 9820 10311 Employment & Personnel Coordinator 5254 5516 5792 6082 6386 Engineering Division Manager 9304 9769 10258 10770 11309 Environmental Compliance Coordinator 5238 5500 5775 6064 6367 Environmental Control Specialist 4873 5117 5372 5641 5923 Equipment Maintenance Manager 7191 7551 7928 8325 8741
Equipment Maintenance Supervisor 6475 6798 7138 7495 7870 Equipment Mechanic 4239 4451 4673 4907 5152
Executive Director of Engineering/Major Projects Manager -- -- -- -- 20833 Executive Director Office of Public Safety 16012 16813 17654 18536 19463 Facilities Specialist 5204 5464 5737 6024 6325
Field Groundskeeper 4318 4533 4760 4998 5248
Finance Manager 9304 9769 10258 10770 11309
Finance Supervisor 7748 8136 8542 8970 9418
Fire Battalion Chief 11515 12091 12696 13330 13997
Fire Captain 8613 9044 9496 9970 10469
Fire Engineer 7067 7420 7791 8181 8590
Firefighter (Paramedic) 6796 7135 7492 7867 8260
GIS Specialist 5740 6027 6328 6645 6977
Graffitti Abatement Worker 3742 3929 4125 4331 4548
Health Education Specialist [Grant] 3568 3746 3934 4130 4337 Housing Associate 5561 5839 6131 6437 6759
Housing Specialist 4193 4403 4623 4854 5097
Human Services Specialist 3668 3852 4044 4247 4459
Information Relations Officer 5516 5792 6082 6386 6705
Information Technology Analyst 7616 7997 8396 8816 9257 Information Technology Manager 9304 9769 10258 10770 11309 Information Technology Specialist 5740 6027 6328 6645 6977 Irrigation Specialist 4318 4533 4760 4998 5248
Junior Accountant 4642 4874 5117 5373 5642
Leadworker, Facilities 4318 4533 4760 4998 5248
Leadworker, Maintenance 4318 4533 4760 4998 5248
Marketing and Promotions Coordinator 5516 5792 6082 6386 6705 Maintenance Worker 3742 3929 4125 4331 4548
Medical Clinic Specialist 3858 4051 4254 4467 4690
Montclair After-School Program Supervisor 5587 5866 6160 6468 6791 Montclair After-School Program Coordinator 4554 4781 5020 5271 5535 Motor Sweeper Operator 4062 4265 4478 4702 4937
Nat'l. Pollutant Discharge Elimination Sys. (NPDES) Coord. 5501 5776 6064 6368 6686 NPDES/Environmental Compliance Inspector 4815 5056 5309 5574 5853 Office Specialist 3539 3716 3902 4097 4302
Payroll Analyst 5641 5923 6220 6530 6857
Personnel Services Coordinator 4948 5195 5455 5728 6014 Plans Examiner 6475 6798 7138 7495 7870
Police Captain 13409 14080 14784 15523 16299
Police Chief 16366 17303 18267 19257 20276
Police Dispatch Supervisor 6895 7240 7602 7982 8381
Police Dispatcher 4765 -- -- -- --
Police Lieutenant 11724 12311 12926 13572 14251
Police Officer 7153 7510 7886 8280 8694
Police Officer Trainee 6263 -- -- -- --
Police Sergeant 9509 9984 10483 11008 11558
Police Services Specialist 3668 3851 4044 4246 4458
Revised: 01/04/2024
Consolidated Salary Schedule "A"
Adopted Pursuant to Resolution No. 24-3425

Classification A B C D E

FULL-TIME
Police Services Supervisor 5967 6265 6579 6908 7253
Project Manager 6016 6317 6633 6965 7313
Property Custody Clerk 3493 3668 3851 4044 4246
Public Safety Administrative Services Supervisor 8736 9173 9632 10113 10619 Public Works Facilities/Maintenance Assistant Manager 7696 8080 8484 8909 9354 Public Works Inspector 5204 5464 5737 6024 6325
Public Works Manager 9304 9769 10258 10770 11309
Public Works Operations Assistant Manager 7696 8080 8484 8909 9354 Recreation Coordinator 3888 4083 4287 4501 4726
Receptionist/Office Specialist 3457 3630 3811 4002 4202 Recreation Manager 6610 6941 7288 7652 8035
Recreation Supervisor 4487 4711 4947 5194 5454
Secretary 3728 3915 4111 4316 4532
Senior Accountant 5923 6220 6531 6857 7200
Senior Building Inspector 6166 6474 6798 7138 7495
Senior Citizens Supervisor 5587 5866 6160 6468 6791
Senior Code Enforcement Officer 5587 5866 6160 6468 6791 Senior Human Services Supervisor 5294 5559 5837 6129 6435 Senior Information Technology Specialist 6438 6760 7098 7453 7826 Senior Leadworker 5204 5464 5737 6024 6325
Senior Learning Coordinator 4487 4711 4947 5194 5454
Senior Management Analyst 7689 8073 8477 8901 9346
Senior Public Works Inspector 6610 6941 7288 7652 8035
Senior Planner 7337 7704 8089 8493 8918
Senior Police Dispatcher 5141 5398 5668 5951 6249
Senior Recreation Supervisor 5294 5559 5837 6129 6435
Revised: 01/04/2024
Consolidated Salary Schedule "A"
Adopted Pursuant to Resolution No. 24-3425

Personnel Committee Minutes – December 18, 2023 Page 1 of 1

MINUTES OF THE MEETING OF THE MONTCLAIR

PERSONNEL COMMITTEE HELD ON MONDAY,
DECEMBER 18, 2023, AT 6:00 P.M. IN THE CITY
ADMINISTRATIVE OFFICES, 5111 BENITO STREET,

MONTCLAIR, CALIFORNIA
I. CALL TO ORDER
Mayor Pro Tem Johnson called the meeting to order at 6:03 p.m.

II. ROLL CALL

Present: Mayor Pro Tem Johnson, Council Member Ruh, City Manager Starr; and Assistant City Manager/Director of
Human Services Richter
III. APPROVAL OF MINUTES
A. Minutes of the Regular Personnel Committee Meeting of December 4, 2023.

Moved by Council Member Ruh, seconded by Mayor Pro Tem
Johnson, and carried unanimously to approve the minutes of the Personnel Committee meeting on December 4, 2023.

IV. PUBLIC COMMENT – None
V. CLOSED SESSION
At 6:04 p.m., the Personnel Committee went into Closed Session regarding personnel matters related to appointments, resignations/ terminations, and evaluations of employee performance.

At 6:43 p.m., the Personnel Committee returned from Closed Session.

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

VI. ADJOURNMENT
At 6:43 p.m., Mayor Pro Tem Johnson adjourned the Personnel Committee.

Submitted for Personnel Committee approval,
Edward C. Starr
City Manager
MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 93 of 101

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – December 18, 2023 Page 1 of 8

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, DECEMBER 18, 2023, 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
Police Department Chaplain Vicki Brobeck gave the invocation.

III. PLEDGE OF ALLEGIANCE
Council Member/Director Ruh led meeting participants in the Pledge.

IV. ROLL CALL

Present: Mayor/Chair Dutrey; Mayor Pro Tem/Vice Chair Johnson; Council Members/Directors Ruh, Martinez, and Lopez
City Manager/Executive Director Starr; Assistant City Manager/ Director of Human Services Richter; Director of Finance Kulbeck; Director of Public Works/City Engineer Heredia; Acting Police Chief Reed; City Attorney Robbins; City Clerk Myrick
V. PRESENTATIONS
A. Community Activities Commission Presentation of 2023 Holiday Home Decoration Contest Winners
Community Activities Commission (CAC) Chairperson Wells announced the winners of the City of Montclair’s 25th Annual Holiday Home Decoration Contest. Of the 20 nominations received, the CAC selected three winners, as follows:
 Sounds & Sights of Christmas: The Bryant Family, 9743 Lehigh Ave.  Candy Cane Corner: The Ferreyra Family, 10158 Tudor Ave.  Merry and Bright: The Rodriguez Family, 4570 Moreno St.

Mayor Dutrey and City Council presented the winning families with Award Certificates and gift cards to Montclair restaurants.

B. Introduction of New Police Officers
Acting Police Chief Reed introduced three new Police Officers: Steven Silos, Rick Dominguez, and George Morones. Mayor Dutrey and the City Council welcomed Officers Silos, Dominguez, and Morones to the Montclair City family.

VI. PUBLIC COMMENT
 Herman Janssen, commenting on behalf of Bill Kaufman, expressed he is looking forward to a potential cannabis business on Central Avenue and Moreno Street opening next year and wished everyone a Merry Christmas.
 Xavier Mendez, Planning Commissioner and former Montclair Public Works Superintendent, commented on the passing of retired Montclair Motor Sweeper Operator Richard Salazar. Mr. Salazar was born and raised in the City of Montclair, worked for the City for over 30 years, and took pride in his work as a Motor Sweeper Operator.  Veronica Milliman, Ambassador for Montclair Chamber of Commerce, announced the Chamber will be hosting the Montclair Firefighter Recognition Luncheon at the Chino Basin Water MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 94 of 101

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – December 18, 2023 Page 2 of 8 Conservation District on January 11th at noon, and three ribbon cutting events at noon for Al Pastor Taqueria on January 18th, Shi Math Educational Foundation on January 24th, and Archive Workforce on January 25th.

VII. PUBLIC HEARINGS — None
VIII. CONSENT CALENDAR
ACTION – Consent Calendar
ACTING: City Council
Successor Agency Board
Montclair Housing Corporation Board
Montclair Housing Authority Commissioners
Montclair Community Foundation Board
DISCUSSION: Items B–9, B–10, C–1, C–2, C–3, C–4, C–5, and C–7 MOTION: Continue Item C–6; and approve the remainder of the Consent Calendar as presented.

MADE BY:

SECOND BY:

Council Member/Director Ruh
Mayor Pro Tem/Vice Chair Johnson
AYES:

NOES:

ABSTAIN:

ABSENT:

Lopez, Martinez, Ruh, Johnson, Dutrey
None
None
None
RESULT: Motion carried 5–0.

A. Approval of Minutes

1. Regular Joint Meeting — November 20, 2023
ACTION – Consent Calendar – Item A–1
ACTING: City Council
Successor Agency Board
Montclair Housing Corporation Board
Montclair Housing Authority Commissioners
Montclair Community Foundation Board
RESULT: Approved on Consent Calendar; motion carried 5–0.

B. Administrative Reports

1. Consider Receiving and Filing City Treasurer’s Report – November 2023
ACTION – Consent Calendar – Item B–1
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

2. Consider Approval of City Warrant Register and Payroll Documentation
ACTION – Consent Calendar – Item B–2
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 95 of 101

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – December 18, 2023 Page 3 of 8

3. Consider Receiving and Filing SA Treasurer’s Report – November 2023
ACTION – Consent Calendar – Item B–3
ACTING: Successor Agency Board
RESULT: Approved on Consent Calendar; motion carried 5–0.

4. Consider Approval of SA Warrant Register – November 2023 ACTION – Consent Calendar – Item B–4
ACTING: Successor Agency Board
RESULT: Approved on Consent Calendar; motion carried 5–0.

5. Consider Receiving and Filing MHC Treasurer’s Report – November 2023
ACTION – Consent Calendar – Item B–5
ACTING: Montclair Housing Corporation Board
RESULT: Approved on Consent Calendar; motion carried 5–0.

6. Consider Approval of MHC Warrant Register – November 2023
ACTION – Consent Calendar – Item B–6
ACTING: Montclair Housing Corporation Board
RESULT: Approved on Consent Calendar; motion carried 5–0.

7. Consider Receiving and Filing of MHA Treasurer’s Report – November 2023
ACTION – Consent Calendar – Item B–7
ACTING: Montclair Housing Authority Commissioners
RESULT: Approved on Consent Calendar; motion carried 5–0.

8. Consider Approval of MHA Warrant Register – November 2023
ACTION – Consent Calendar – Item B–8
ACTING: Montclair Housing Authority Commissioners
RESULT: Approved on Consent Calendar; motion carried 5–0.

9. Consider Authorizing the Receipt of $17,605 from the 2022 Justice Assistance Grant to Purchase Spike Strips and
Breaching Tools
Mayor Pro Tem Johnson expressed concern regarding excessive property damage caused by vehicle–mounted battering rams.

Acting Police Chief Reed explained the entry tools the Police Department is currently utilizing and will be purchasing are small handheld devices that cause minimal damage to the door.

MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 96 of 101

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – December 18, 2023 Page 4 of 8 ACTION – Consent Calendar – Item B–9
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

10. Consider Declaring Three Noncompliant Vehicles as Surplus and Available for Donation to the City of Huatabampo,
Sonora in Mexico
Council Member Martinez noted that donating the City’s Public Work vehicles that no longer meet California’s emission standards is an impressive show of the City’s ingenuity.

ACTION – Consent Calendar – Item B–10
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

11. Consider Approval of the Montclair Housing Authority Annual Report Prepared Pursuant to Section 3416.1(f) of the Health and Safety Code (SB 341) for Fiscal Year 2022–23 ACTION – Consent Calendar – Item B–11
ACTING: City Council
Montclair Housing Authority Commissioners
RESULT: Approved on Consent Calendar; motion carried 5–0.

12. Consider Review and Acceptance of the Montclair Housing Authority Annual Report for Fiscal Year 2022–23
ACTION – Consent Calendar – Item B–12
ACTING: Montclair Housing Authority Commissioners
RESULT: Approved on Consent Calendar; motion carried 5–0.

C. Agreements

1. Consider Approval of Agreement No. 23–90, the Labor
Agreement for Management (Nonsafety & Safety) Employees Regarding the Terms and Conditions of Employment for the Period of July 1, 2023, to June 30, 2024
Consider Approval of Agreement No. 23–91, the Labor
Agreement for Executive Management Employees Regarding
the Terms and Conditions of Employment for the Period of July 1, 2023, to June 30, 2024
Consider Authorizing the Transfer of the Appropriate
Additional Compensation from the Personnel Adjustment
Reserve Fund to the General Operating Fund
Council Member Lopez asked when these items were discussed in Closed Session and if these agreements were retroactive.

City Manager Starr advised that the items were discussed in May and June and have already been implemented; however, the language is now incorporated into the agreements.

ACTION – Consent Calendar – Item C–1
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 97 of 101

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – December 18, 2023 Page 5 of 8

2. Consider Approval of Agreement No. 23–92 with Abound Food Care to Provide Edible Food Recovery Services, Subject to Any Revisions Deemed Necessary by the City Attorney
Council Member Lopez asked staff for the draft ordinance as mentioned in the staff report and inquired how the contract will enforce the ordinance.

City Manager Starr advised that the draft ordinance mentioned is no longer a draft as it was adopted by City Council in May 2022 and clarified that processes will be developed by Abound Food Care to ensure and track compliance.

ACTION – Consent Calendar – Item C–2
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

3. Consider Approval of Agreement No. 23–93 with Flock Group Inc. for a 5–Year Lease for 60 Automated License Plate
Reader Cameras
Consider Authorizing a $63,500 Appropriation from the
Federal Asset Forfeiture Fund to Pay Costs Associated with Agreement No. 23–93
Matthew Wheaton, resident, inquired as to what capacity the cameras will be used and if they will be utilized for activities other than amber alerts and stolen vehicles.

Acting Police Chief Reed explained that the cameras are not surveillance or traffic enforcement cameras; rather, their purpose is for license plate and image distribution. They continue to be utilized for various purposes including grand theft auto, missing persons, and locating suspects that have committed violent crimes.

Mayor Dutrey commented that this is very powerful technology and he is glad that additional cameras will be added throughout the City.

ACTION – Consent Calendar – Item C–3
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

4. Consider Approval of Agreement No. 23–94 with University Enterprises Corporation at California State University San Bernardino (Inland Empire Small Business Development
Center) for the Lease of a City–Owned Facility, Subject to Any Revisions Deemed Necessary by the City Attorney
Mayor Pro Tem Johnson commented that having the Inland
Empire Small Business Development Center partner with the Chamber of Commerce will allow for additional tools to help the local business community grow.

ACTION – Consent Calendar – Item C–4
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

5. Consider Approval of Agreement No. 23–95 with
NextRequest for the Use of its Online Public Records
Request Management System, Subject to Any Revisions
Deemed Necessary by the City Attorney
MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 98 of 101

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – December 18, 2023 Page 6 of 8 Council Member Lopez commented that he appreciated the
explanation of the process relating to public records requests and asked what the reason is for entering into an agreement.

City Clerk Myrick explained how the NextRequest platform would streamline the current process and compile all staff communications and responses for each request.

ACTION – Consent Calendar – Item C–5
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

7. Consider Approval of Agreement No. 23–97 Amending
Agreement No. 20–23 with Biggs Cardosa Associates, Inc., for Design Services Associated with the Central Avenue
Bridge Project, Subject to Any Revisions Deemed Necessary by the City Attorney
Council Member Lopez stated this item would continue the contract with the consulting firm relating to the Central Avenue Bridge Project and asked for clarification on funding.

City Manager Starr advised that the City could potentially receive additional grants for the project, however typically there is a local match that would be required from the City.

ACTION – Consent Calendar – Item C–7
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

D. Resolutions — None
IX. PULLED CONSENT CALENDAR ITEMS
C. Agreements

6. Consider Approval of Agreement No. 23–96 with Biggs
Cardosa Associates, Inc., for Design Services Associated with the Holt Boulevard and Pacific Electric Trail Bridge Project
City Attorney Robbins advised that Item C–6 will be continued to a future City Council Meeting.

X. COMMUNICATIONS
A. Department Reports — None
B. City Attorney
City Attorney Robbins requested the City Council meet in closed session regarding the following:

1. Closed Session Pursuant to Government Code §54956.9(d)(1) Regarding Pending Litigation
Rivera v. Montclair

2. Closed Session Pursuant to Government Code §54956.8
Regarding Real Property Negotiations
Properties: APN 1010–054–01–0–000
Negotiating Parties: City of Montclair and Nelson Hugo Flores & Roxana Vasquez
City Negotiator: Edward C. Starr, City Manager
Under Negotiation: Recommendations Regarding Purchase Price MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 99 of 101

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – December 18, 2023 Page 7 of 8 C. City Manager/Executive Director — None
D. Mayor/Chairperson

1. Notice of Cancellation – January 2, 2024 Regular Joint Meeting Mayor/Chair Dutrey announced the January 2, 2024 regular joint meeting is cancelled.

2. Mayor/Chair Dutrey complimented the Holly Jolly and Dashing through Montclair events; commented on San Bernardino
County Transportation Authority’s (SBCTA) I–10 Express
Lanes Project, informing the public that the Monte Vista Interchange will not be complete until Summer 2024;
announced tonight’s meeting would be adjourned in memory of former Supreme Court Justice Sandra Day O’Connor, former City of Chino Council Member Glenn Duncan, former City of Ontario Council Member and retired Ontario–Montclair School District Deputy Superintendent Patrick John King, retired Montclair Motor Sweeper Operator Richard Salazar, and
Montclair Medical Clinic Volunteer Dr. Anita Kay Kalousek; and wished everyone a Merry Christmas, Happy Hanukkah, Happy New Year, and peace for 2024 in Ukraine, Israel, Gaza, Sudan, the Middle East, and the United States.

E. Council Members/Directors

1. Council Member/Director Ruh commented on the City’s holiday events and spoke on various events in our region; read an excerpt from G.K. Chesterton’s book, “Brave New Family”; and wished everyone a Merry Christmas.

2. Council Member/Director Lopez spoke on Fourth District County Supervisor Curt Hagman’s annual Christmas open
house event; remembered former City of Chino Council Member Glenn Duncan, Former City of Ontario Council Member Patrick John King, and retired Montclair Motor Sweeper Operator Richard Salazar; commented the SBCTA’s I–10 Express Lanes Project and asked that the candlesticks be replaced at the Monte Vista Intersection; thanked staff for all their hard work during the holidays; and wished everyone a Merry Christmas.

3. Mayor Pro Tem/Vice Chair Johnson thanked staff for all their hard work and wished everyone Happy Holidays, a Merry
Christmas, Season’s Greetings, Happy Hanukkah, Feliz Navidad, Happy Kwanzaa, and prosperity in the New Year.

4. Council Member/Director Martinez thanked staff and volunteers for their hard work; encouraged the public to shop local and support the community; and wished everyone a Happy Holiday.

F. Committee Meeting Minutes
The following committee minutes were received and filed for informational purposes:

1. Personnel Committee – November 20, 2023
XI. CLOSED SESSION
At 8:36 p.m., the City Council went into closed session to discuss real property negotiations and pending litigation.

XII. CLOSED SESSION ANNOUNCEMENTS
The City Council returned from closed session at 9:02 p.m.

Mayor Dutrey announced the City Council met in closed session to discuss real property negotiations; information was received and direction was given to staff; and no further announcements would be made at this time.

MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 100 of 101

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APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – December 18, 2023 Page 8 of 8 XIII. ADJOURNMENT
At 9:02 p.m., the City Council, Successor Agency Board, Montclair Housing Corporation Board, Montclair Housing Authority Commission, and Montclair Community Foundation Board were adjourned.

Submitted for City Council/Successor Agency Board/Montclair Housing Corporation Board/ Montclair Housing Authority
Commission/Montclair Community Foundation Board approval, Andrea Myrick,
City Clerk
The meeting was adjourned in memory of retired Montclair Motor Sweeper Operator Richard Salazar, Montclair Medical Clinic Volunteer Dr. Anita Kay Kalousek, former City of Chino Council Member Glenn Duncan, former City of Ontario Council Member Patrick John King, and former Supreme Court Justice Sandra Day O’Connor.

MONTCLAIR CITY COUNCIL MEETING – 01/16/2024 Page 101 of 101