Agenda packet — Montclair City Council, January 21, 2025

CITY OF MONTCLAIR

CITY COUNCIL

SUCCESSOR REDEVELOPMENT AGENCY,

MONTCLAIR HOUSING CORPORATION, MONTCLAIR

HOUSING AUTHORITY, AND MONTCLAIR COMMUNITY

FOUNDATION MEETINGS

AGENDA PACKET
Tuesday, January 21, 2025
7:00 p.m.

Montclair City Council Chambers
5111 Benito Street
Montclair, CA 91763
Mayor
Javier “John” Dutrey
Mayor Pro Tem
Corysa Martinez
Council Members
Bill Ruh
Benjamin “Ben” Lopez
Xavier Mendez
City Manager
Edward C. Starr
City Attorney
Diane E. Robbins
City Clerk
Andrea M. Myrick

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 21, 2025
7:00 p.m.

If you want to provide comments on an agenda item, including public hearing and closed session items, please complete a Speaker Card located in the Council Chambers. The Mayor/Chair (or the meeting’s Presiding Officer) will call on those who submitted requests to speak at the appropriate times during the meeting. Written comments (200–word limit per agenda item, and 200–word limit for all non–agenda items combined) can also be emailed to [email protected] at least one hour before the meeting begins.

Watch Council meetings live on the City’s official YouTube Channel at https://www.youtube.com/@cityofmontclair, or via Zoom using the following information: Zoom Link: https://zoom.us/j/93717150550 / Dial Number: 1 (669) 900–6833 / Meeting ID: 937–1715–0550.

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

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 and Promoting Police Officers
B. Community Activities Commission Military Banner Presentation C. Recognition of the MHS Cavaliers Boys’ Water Polo Team for Competing in the 2024 CIF–SS Division 6 Championships
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).

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.

VII. PUBLIC HEARINGS — None

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VIII. CONSENT CALENDAR
A. Approval of Minutes

1. Regular Joint Meeting — December 2, 2024 [CC/SA/MHC/MHA/MCF] 92 B. Administrative Reports

1. Consider Receiving and Filing of Treasurer’s Report [CC] 4

2. Consider Approval of Warrant Register & Payroll Documentation [CC] 5

3. Consider Receiving and Filing of Treasurer’s Report [SA] 6

4. Consider Approval of Warrant Register [SA] 7

5. Consider Receiving and Filing of Treasurer’s Report [MHC] 8

6. Consider Approval of Warrant Register [MHC] 9

7. Consider Receiving and Filing of Treasurer’s Report [MHA] 10

8. Consider Approval of Warrant Register [MHA] 11

9. Consider Authorizing an $11,500 Appropriation from the Federal Asset Forfeiture Fund to Send a Member of the Command Staff to the California Police Chiefs’ Executive Leadership Institute at Drucker [CC] 12 C. Agreements

1. Consider Approval of Agreement No. 25–02 with Atkinson, Andelson, Loya, Ruud & Romo to Provide Legal and Consulting Services Related to Litigation and Employee Relations Matters [CC] 13

2. Consider Approval of Agreement Nos. 25–03, 25–04, and 25–05 with Montclair Little League and Golden Girls Softball League for Use of Ball Field Facilities, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] 20

3. Consider Approval of Agreement No. 25–06 with Ontario–Montclair School District for the Lease of the Field at Vernon Middle School (Golden Girls) [CC] 42

4. Consider Approval of Agreement No. 25–07 with the U.S. Department of Transportation to Accept a $750,000 Neighborhood Access and Equity Grant Award for the Design of Crossings Along the San Antonio Creek Trail at the Metrolink Rail Line and the I–10 Freeway [CC]
Consider Authorizing a $181,965 Appropriation from 2021 Lease Revenue Bond Proceeds in Matching Funds for the San Antonio Creek Trail Crossing Design Project Pursuant to Agreement No. 25–07 [CC] 57
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D. Resolutions

1. Consider Accepting a Written Petition from CRP/VP Montclair, LLC, Owner of The Village at Montclair, Requesting Formation of a Community Facilities District (CFD) [CC]
Consider Adoption of Resolution No. 25–3468 Declaring the City’s Intent to Form CFD No. 2025–1 (The Village at Montclair), Setting a Public Hearing for the Establishment of CFD No. 2025–1 on March 3, 2025, at 7:00 p.m. in the City Council Chambers, and Taking Other Actions Related Thereto [CC] Consider Approving the Boundary Map of Proposed CFD No. 2025–1 [CC] 76 IX. PULLED CONSENT CALENDAR ITEMS
X. COMMUNICATIONS
A. Department Reports
B. City Attorney
C. City Manager/Executive Director
D. Mayor/Chairperson

1. Announcement of an Unscheduled Vacancy on the Planning Commission for a Term Ending June 30, 2027

2. Consider Agendizing Resolution and Letter of Opposition for Proposed SCAQMD Amended Rules 1111 and 1121 Banning New Gas Water Heaters and Furnaces [CC]

3. Consider Council Committee/Liaison Assignments [CC]
E. Council Members/Directors
F. Committee Meeting Minutes (for informational purposes only)

1. Personnel Committee Meeting — December 16, 2024 [CC] 91 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 3, 2025 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, call 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 16, 2025.

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CITY COUNCIL

AGENDA REPORT
DATE: JANUARY 21, 2025
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, 2024.

BACKGROUND: Included in the City Council’s agenda packet is a copy of the Treasurer's Report for the period ending December 31, 2024.

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, 2024.

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CITY COUNCIL

AGENDA REPORT
DATE: JANUARY 21, 2025
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 Martinez has examined the Warrant Register dated January 21, 2025; the Payroll Documentation dated December 15, 2024; and the Payroll Documentation dated December 29, 2024, and recommends their approval.

FISCAL IMPACT: The Warrant Register dated January 21, 2024, totals $5,238,054.30.

The Payroll Documentation dated December 15, 2024, totals $856,757.79 gross, with $598,022.33 net being the total cash disbursement.

The Payroll Documentation dated December 29, 2024, totals $878,670.76 gross, with $619,545.96 net being the total cash disbursement
RECOMMENDATION: Staff recommends the City Council approve the above–referenced Warrant Registers and Payroll Documentation.

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CITY COUNCIL

AGENDA REPORT
DATE: JANUARY 21, 2025
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, 2024, 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, 2024.

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, 2024.

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CITY COUNCIL

AGENDA REPORT
DATE: JANUARY 21, 2025
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, 2024, pursuant to state law.

BACKGROUND: Vice Chair Martinez has examined the Successor to the Redevelopment Agency Warrant Register dated 12.01.24-12.31.24 in the amounts of $6,200.96 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 Martinez 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, 2024.

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CITY COUNCIL

AGENDA REPORT
DATE: JANUARY 21, 2025
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, 2024, 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, 2024.

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, 2024.

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CITY COUNCIL

AGENDA REPORT
DATE: JANUARY 21, 2025
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, 2024, pursuant to state law.

BACKGROUND: Vice Chair Martinez has examined the Warrant Register dated 12.01.24–

12.31.24 in the amount of $117,625.10 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 Martinez recommends the Montclair Housing Corporation Board of Directors approve the Warrant Register for the period ending December 31, 2024.

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CITY COUNCIL

AGENDA REPORT
DATE: JANUARY 21, 2025
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, 2024, 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, 2024.

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, 2024.

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CITY COUNCIL

AGENDA REPORT
DATE: JANUARY 21, 2025
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, 2024, pursuant to state law.

BACKGROUND: Vice Chair Martinez has examined the Warrant Register dated 12.01.24–

12.31.24 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 Martinez recommends the Montclair Housing Authority Commission approve the Warrant Register for the period ending December 31, 2024.

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CITY COUNCIL

AGENDA REPORT
DATE: JANUARY 21, 2025
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 9
FILE I.D.: PDT530/PER250
DEPT.: POLICE
PREPARER: M. BUTLER
SUBJECT: CONSIDER AUTHORIZING AN $11,500 APPROPRIATION FROM THE FEDERAL ASSET

FORFEITURE FUND TO SEND A MEMBER OF THE COMMAND STAFF TO THE CALIFORNIA POLICE CHIEFS’ EXECUTIVE LEADERSHIP INSTITUTE AT DRUCKER REASON FOR CONSIDERATION: The City Council is requested to consider authorizing an $11,500 appropriation from the Federal Asset Forfeiture Fund to send a member of the Command Staff to the California Police Chiefs’ Executive Leadership Institute at the Drucker School of Management at Claremont Graduate University in Southern California (Drucker).

BACKGROUND: The California Police Chiefs’ Association has partnered with Drucker to offer an exceptional leadership development program. This one–of–a–kind west coast Executive Leadership Institute is a premier program designed to enhance leadership skills. The rigorous two–week academic and subject-matter–rich executive leadership development experience is designed to shape the participant professionally and personally.

Executive Leadership Institute offers participants the opportunity for a Drucker–inspired learning environment where the principles of Peter F. Drucker are imbued with a law enforcement perspective. The Drucker School of Thought is formed around five key pillars: Belief in the importance of a functioning society; focus on people–centered management; focus on performance; focus on self–management; and practice–based, transdisciplinary, and lifelong approach to learning. These pillars form the basis of the Drucker experience that is uncommon with other professional development programs.

The course content will cover exemplary policing, mindfulness, leadership, decision making, risk management, evidence–based decision making, effective teams, leading during crisis, citizen engagement and public trust, and other topic areas key to professional growth. The course requires attendees to reside near the school’s campus during the 14 days of continuous training. Lodging and meals are included in the course’s tuition.

FISCAL IMPACT: If authorized by the City Council, one member of the Command Staff would attend the Executive Leadership Institute, which would result in an expenditure of $11,500 from the Federal Asset Forfeiture Fund (1144).

RECOMMENDATION: Staff recommends the City Council authorize an $11,500 appropriation from the Federal Asset Forfeiture Fund to send a member of the Command Staff to the California Police Chiefs’ Executive Leadership Institute at Drucker.

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CITY COUNCIL

AGENDA REPORT
DATE: JANUARY 21, 2025
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 1
FILE I.D.: PER575
DEPT.: ADMIN. SVCS.

PREPARER: A. MYRICK
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 25–02 WITH ATKINSON, ANDELSON,

LOYA, RUUD & ROMO TO PROVIDE LEGAL AND CONSULTING SERVICES RELATED TO

LITIGATION AND EMPLOYEE RELATIONS MATTERS
REASON FOR CONSIDERATION: The City Council is requested to consider approval of an updated agreement with the law firm of Atkinson, Andelson, Loya, Ruud & Romo (“AALRR”), Agreement No. 25–02, to provide legal and consulting services related to litigation and employee relation matters. A copy of Agreement No. 25–02 is attached for City Council’s review and consideration.

BACKGROUND: The City of Montclair has used legal services from various law firms for the purposes of employer–employee relations, labor relations, grievances, disciplinary actions, and other litigation matters. The City has used AALRR previously and Agreement No. 25–02 merely updates the rates of the prior agreement.

The City primarily uses Attorney Kevin Dale from AALRR, who has provided legal services to the City in the past. Mr. Dale is very knowledgeable on matters related to public employees, is an experienced labor negotiator, and provides general counsel services to various public agencies. Mr. Dale will be used primarily for employer–employee relations issues. The proposed hourly rates are competitive with the hourly rates of other law firms used by the City for legal and/or consulting services.

FISCAL IMPACT: The proposed fees for the subject legal services are contained in Attached Agreement No. 25–02 and summarized below:

Proposed Hourly Rates
Partners/Senior Counsel $375
Associates $300–$350
Paralegals $235
The City will pay for all reasonable and necessary expenses incurred by the firm such as deposition and court reporter fees, transcript costs, witness fees (including expert witnesses), process server fees, and other similar third party fees.

Since these services are used on an as–needed basis, the exact fiscal impact is currently unknown. Funds for attorney services are currently included in the Fiscal Year 2024–25 Budget.

RECOMMENDATION: Staff recommends the City Council approve Agreement No. 25–02 with Atkinson, Adelson, Loya, Ruud & Romo to provide legal and consulting services related to litigation and employee relations matters.

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ATTORNEY REPRESENTATION AGREEMENT
I. PARTIES
This Attorney Representation Agreement ("Agreement") is entered into by and between the law firm of ATKINSON, ANDELSON, LOYA, RUUD & ROMO, a professional corporation, hereinafter referred to as "Attorney" or the "Law Firm" and the CITY OF MONTCLAIR, hereinafter referred to as "Client."
II. PURPOSE
Client desires to retain and engage Law Firm to provide services and consultation relating to general labor and employment law needs and other services on an as-needed basis. Law Firm accepts this engagement on the terms and conditions contained in this Agreement.

III. TERMS AND CONDITIONS
A. Fees for Services

1. Hourly Rate Services
Client agrees to pay the Law Firm at the following standard hourly rates:

Partners/Of Counsel: $375
Associates (depending on years of professional experience): $300–$350 Paralegals: $235
The rate structure set forth above and the individual billing rates of the Law Firm members providing services to Client shall increase by $15.00 per year, commencing on January 1, 2026.

2. Costs and Expenses
In addition to the fees described above, Client agrees to pay a five percent (5%) “administrative fee” calculated and based on the total monthly billed fees to cover certain operating expenses of the Law Firm incurred in providing services to Client. This administrative fee is in lieu of charging Client for Westlaw, photocopies, automobile mileage, parking, facsimiles, telephone, document preparation, and postage.

Costs relating to fees charged by third parties retained to perform services ancillary to the Law Firm's representation of Client are not included and are charged separately. These include, but are not limited to, deposition and court reporter fees, transcript costs, witness fees (including expert witnesses), process server fees, and other similar third party fees. The Law Firm shall not be obligated to advance costs on behalf of Client; however, for purposes of convenience and in order to expedite matters, the Law Firm reserves the right to advance costs on behalf of Client with Agreement No. 25-02
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Client's prior approval in the event a particular cost item exceeds $2,000.00 in amount, and without the prior approval of Client in the event a particular cost item totals $2,000.00 or less.

B. Billing Practices

1. A detailed description of the work performed and the costs and expenses advanced by the Law Firm will be prepared on a monthly basis as of the last day of the month and will be mailed to Client on or about the 15th of the following month, unless other arrangements are made.

Payment of the full amount due, as reflected on the monthly statement, will be due to the Law Firm from Client by the 10th of the month following delivery of the statement, unless other arrangements are made. In the event that there are funds of Client in the Law Firm's Trust Account at the time a monthly billing statement is prepared, funds will be transferred from the Law Firm's Trust Account to the Law Firm's General Account to the extent of the balance due on the monthly statement and a credit will be reflected on the monthly statement. Any balance of fees or costs advanced remaining unpaid for a period of 60 days will be subject to a 1% per month service charge.

2. Hourly rate services shall be charged to Client at a minimum increment of onetenth hour, including reasonable travel time billed portal-to-portal. When time spent by Attorney on a particular service exceeds one-tenth hour, the charge will be rounded up to the next one-tenth hour increment.

3. Client agrees to review the Law Firm’s monthly statements promptly upon receipt and to notify the Law Firm, in writing, with respect to any disagreement with the monthly statement.

4. After the conclusion of a particular engagement (e.g. an investigation) should a need arise for the Firm to respond to any subpoena or discovery, to provide testimony at deposition, trial or arbitration, or to otherwise perform services with respect to any matter relating to or arising out of that engagement, Client shall compensate the Firm at its then applicable rates for time expended, including all required preparation time.

C. Termination of Representation
Client has the right, at any time, and either with or without good cause, to discharge the Law Firm as its attorneys. In the event of such a discharge of the Law Firm by Client, however, any and all unpaid attorneys' fees and costs owing to the Firm by Client shall be immediately due and payable.

The Law Firm reserves the right to discontinue the performance of legal services on behalf of Client on a particular matter upon the occurrence of anyone or more of the following events:

1. Upon order of a court of law requiring the Law Firm to discontinue the performance of legal services;

2. Upon a determination by the Law Firm in the exercise of its reasonable and sole discretion, that state or federal legal ethical principles require it to discontinue the performance of legal services;
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3. Upon a failure of Client to perform any of Client’s obligations with respect to the payment of the Law Firm’s fees, costs or expenses as reflected on the monthly bill; or,

4. Upon failure to cooperate with Law Firm as described in paragraph E.

In the event that the Law Firm ceases to perform legal services for Client, Client agrees that it will promptly pay to the Law Firm any and all unpaid fees and costs advanced. Further, the Client agrees that, with respect to any litigation where the Law Firm has made an appearance in a court of law on its behalf, Client will promptly execute an appropriate Substitution of Attorney form. Any termination of Law Firm's representation on such a matter may be subject to approval by the applicable court of law.

D. Possible Third Party Conflicts
The Firm has a number of attorneys. The Firm may currently or in the future represent one or more other clients in matters involving Client. The Firm undertakes this engagement on the condition that the Firm may represent another client in a matter in which the Firm does not represent Client, even if the interests of the other client are adverse to those of Client (including appearance on behalf of another client adverse to Client in litigation or arbitration), provided the other matter is not substantially related to the Firm's representation of Client and in the course of representing Client attorneys of the Firm have not obtained confidential information of Client material to the representation of the other client (“Permitted Adverse Representation”). Client's consent to this arrangement is required because of its possible adverse effects on performance of the Firm's duties as attorneys to remain loyal and available to those other clients and to render legal services with vigor and competence. Also, if an attorney does not continue an engagement or must withdraw therefrom, the client may incur delay, prejudice or additional cost such as acquainting new counsel for the matter. Client agrees not to seek to disqualify the Firm from representing such other client in any Permitted Adverse Representation.

E. Client Cooperation
Client understands and agrees that, in order for the Law Firm to represent Client effectively, it is necessary for Client to assist and cooperate with the Law Firm during this engagement. Client agrees to: (1) make its employees and officials available to discuss issues as they arise; (2) attend and participate in meetings, preparation sessions and court proceedings, review drafts of documents, and perform other activities in connection with the representation; and (3) provide complete and accurate information and documents to us on a timely basis.

Noncooperation will be grounds for the Law Firm's withdrawal from representing Client on a particular matter. It is essential that Client and the Law Firm maintain open communications.

F. Identification of Insurance Coverage
With respect to insurance coverage for any matters covered by the scope of services under this Agreement, Client agrees that it has the responsibility, rather than the Law Firm, to identify potential insurance coverage and to tender legal matters to any appropriate insurance companies that may insure Client. If Client desires that the Law Firm become involved in identifying potential insurers and/or the tender of legal disputes, then a separate written agreement between Client and the Law Firm to that effect will be required.

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G. Arbitration: Waiver of Jury Trial
If any dispute arises out of, or related to, a claimed breach of this agreement, the professional services rendered by attorneys, or any other disagreement of any nature, type, or description, regardless of the facts or the legal theories which may be involved, including attorney malpractice, breach of fiduciary duty, misrepresentation, or conflict of interest, such dispute shall be resolved by confidential and binding arbitration upon the written request of one party after service of that request on the other party.

There are significant advantages and disadvantages of binding arbitration. The parties shall agree on an arbitrator with special skills and experience to hear and determine the dispute unlike in a court proceeding where a judge is assigned. If the parties cannot agree, then the Superior Court of Fresno County shall choose an impartial arbitrator whose decision shall be final and conclusive on all matters.

The parties shall each have the right of discovery in accordance with Code of Civil Procedure Section 1283. Arbitrations conducted pursuant to this agreement permit the same discovery rights as in a court proceeding. Each party shall bear their own costs and attorney fees, including payments to the arbitrator which can be significantly more costly than the filing fee in Court proceedings where costs may be awarded to the prevailing party. Each party to this agreement waives and therefore gives up important constitutional rights in arbitration as the arbitrator’s decision is final. There is no right to appeal to challenge any errors made in the arbitration proceeding. Unlike court proceedings, arbitration proceedings are conducted privately and the outcome will remain confidential. There is no right to a trial by a judge or jury of one’s peers. There is no limitation on the type of monetary damage that can be awarded by the arbitrator.

The client is advised that the client has the right to have an independent lawyer of client’s choice review this arbitration provision.

H. Protection of Client Confidences - High Tech Communication Devices The Law Firm is aware of its important obligation to preserve the secrets and confidences of its clients which it holds in precious trust for them. To that end it is important that Client and the Law Firm agree from the outset what kinds of communications technology the Law Firm should employ in the course of representing Client. For example, the exchange of documents and other information using email or other types of electronic communications involves some risk that information will be retrieved by third parties with no right to see it. Even the use of facsimile machines can cause problems if documents are sent to numbers where the documents sit in open view.

Therefore, Client should only provide the Law Firm with cellular numbers, facsimile numbers and email addresses which are acceptable to Client for receiving confidential communications from the Law Firm. Client agrees that the Law Firm may use any of the cellular numbers, facsimile numbers and email addresses other than those which you specify in writing that the Law Firm should not use.

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I. Document Retention and Destruction
After a file on a matter is closed, Client has a right to request the Law Firm to return the file to Client. Absent such a request, the Law Firm shall retain the file on Client's behalf for a period of five (5) years. Following this period of time, the Law Firm will destroy such files.

J. Miscellaneous

1. Law Firm and Client agree that the Law Firm, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and is not an employee of Client.

2. The Law Firm maintains errors and omissions insurance coverage applicable to the services to be rendered.

K. Entire Agreement
This Agreement represents the entire agreement between Client and the Law Firm unless a particular matter is covered by a separate written agreement. By execution of this Agreement, Client certifies that it has carefully reviewed and understands the contents of this Agreement and agrees to be bound by all of its terms and conditions. Furthermore, Client acknowledges that the Law Firm has made no representations or guarantees regarding the outcome, or the time necessary to complete or resolve a particular matter. No change or waiver of any of the provisions of this Agreement will be binding on either Client or the Law Firm unless the change is in writing and signed by both Client and the Law Firm.

IV. DURATION
This Agreement shall commence on January 1, 2025. The attorney-client relationship between the Firm and Client will cease at the conclusion of the matter(s) specified above. If the Firm is not asked by Client to provide advice for a period of one (1) year from the last date the Firm provided such advice, both Client and the Firm agree that the attorney-client relationship ///
///
///
///
///
///
///
MONTCLAIR CITY COUNCIL MEETING – 01/21/2025 Page 18 of 103

Page 6 of 6 ends

terminated on the last date the Firm provided advice without further action or notice by either party.
“Law Firm”

ATKINSON, ANDELSON, LOYA, RUUD & ROMO
Dated: By:

Kevin R. Dale
“Client”

CITY OF MONTCLAIR
Dated: By:

Javier John Dutrey
Mayor
Attest:

Andrea M. Myrick
City Clerk
Dated:

Approved as to Form:

Diane E. Robbins
City Attorney
Dated:

MONTCLAIR CITY COUNCIL MEETING – 01/21/2025 Page 19 of 103

CITY COUNCIL

AGENDA REPORT
DATE: JANUARY 21, 2025
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 2
FILE I.D.: HSV070, ATH215, 218, 020
DEPT.: HUMAN SVCS.

PREPARER: F. SALTOS
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NOS. 25–03, 25–04, AND 25–05 WITH

MONTCLAIR LITTLE LEAGUE AND GOLDEN GIRLS SOFTBALL LEAGUE FOR USE OF

BALL FIELD FACILITIES, SUBJECT TO ANY REVISIONS DEEMED NECESSARY BY THE

CITY ATTORNEY
REASON FOR CONSIDERATION: Montclair Little League and Golden Girls Softball League (the Leagues) have requested the use of City facilities for their winter sports activities.

Copies of proposed Agreement Nos. 25–03, 25–04, and 25–05 are attached for City Council review and consideration.

BACKGROUND: Pursuant to Agreement Nos. 25–03 and 25–04, Montclair Little League is requesting the use of the two southern and two northern fields at Saratoga Park and the southern field at Kingsley Park on weekdays and Saturdays for its baseball activities.

Pursuant to Agreement No. 25–05, Golden Girls Softball League would use the two fields at Vernon Park for its softball activities on weekdays and Saturdays. Sunday field use by all leagues is not permitted.

The Leagues have each requested the use of lights for activities that may be conducted after dark. The cost of electrical services associated with such lighting and alarm fees will be covered by the City. In addition, the City of Montclair will have Public Works custodians clean the restrooms. The Leagues are responsible to provide a deposit of $300 for a cleaning fee if needed during the contract period.

FISCAL IMPACT: Approval of the proposed Agreements would result in a cost to the City of approximately $13,000 total in lighting and alarm fees and $6,200 in restroom cleaning costs to the Public Works Department, for a total of $19,200. Maintenance costs for the fields are incorporated in the Fiscal Year 2024–25 Budget. The terms of proposed Agreement Nos. 25–03, 25–04, and 25–05 with Montclair Little League and Golden Girls Softball League are from January 22, 2025, through August 31, 2025.

RECOMMENDATION: Staff recommends the City Council approve Agreement Nos. 25–03, 25–04, and 25–05 with Montclair Little League and Golden Girls Softball League for use of ball field facilities, subject to any revisions deemed necessary by the City Attorney.

MONTCLAIR CITY COUNCIL MEETING – 01/21/2025 Page 20 of 103 1 of 7
AGREEMENT NO. 25–03

WITH MONTCLAIR LITTLE LEAGUE

FOR USE OF SARATOGA PARK
THIS AGREEMENT is made and entered into by and between the City of Montclair, hereinafter called "CITY," and Montclair Little League, hereinafter called "LEAGUE." This Agreement is contingent upon the LEAGUE fulfilling its prior contract's financial obligations and paying any and all outstanding invoices owed to the CITY. Use of any and all facilities listed herein may not be used until all fees have been paid.

WITNESSETH:

WHEREAS, CITY presently has baseball fields in Saratoga Park (two northern and two southern fields) generally located at the southwest corner of Vernon Avenue and Kingsley Street, Montclair, California, and
WHEREAS, said Park has been developed to provide areas for youth sports, on which premises LEAGUE desires to use for Little League baseball (including the Challenger Division for children with disabilities) practices and games at such times and hours set forth in Section 1(aa). The term of this Agreement is for January 22, 2025 through August 31, 2025.

SECTION 1: LEAGUE hereby agrees as follows:
a. Provide CITY a list of all your participants and coaches. All must sign CITY approved waiver and submit to CITY liaison prior to participating. b. Not to use the premises for any other purpose, except as above indicated.

Opening and closing ceremonies will be permitted. Any other events or clinics will require written notice one month in advance for approval. The League shall not hold special events which conflict with City sponsored community special events.
c. Not to sublet the field.
d. Not to make any improvements or alterations or mow grass on said premises.
e. Not to charge for parking of vehicles in the parking lots located within CITY facilities and not to park in the fields or walkways.
f. Not to erect any barriers or fences of any kind unless approved by CITY. g. Not to use herbicides at the park for any purpose.

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h. Not to disconnect or make changes to existing phone line account. i. Not to allow hitting balls into the chain link fences for batting practice. j. To provide the CITY with a written list of all items to be stored in park buildings. No items should be stored in rest room facilities, except rest room supplies. Any items found to be stored in buildings without prior written authorization from the CITY will be removed by city crews with or without prior notice to LEAGUE. Any cost incurred by the CITY by removing, storing, or disposal of said property shall be the responsibility of LEAGUE. k. To provide a special parking area for participants in the Challenger Division, at the times of their games, by cordoning off the southeast portion of the parking lot; to provide the equipment and personnel needed to set up the special parking area; to see that all equipment is removed and properly stored after each use; to provide personnel to monitor the cordoned off area during its use.
l. CITY to maintain restroom facilities and CITY to furnish all supplies for each well- maintained restroom. LEAGUE to police the entire premises after each day's use and pick up all paper, trash, and other debris that may have accumulated, and leave the premises in a condition deemed acceptable to CITY. This work shall be completed within two hours after an activity has ended. If the premises are not maintained as stated a contracted cleaning agency will be hired by the CITY and the LEAGUE will be responsible for all fees related to the service.
m. To maintain all equipment and appliances within the snack bar and snack bar building at all times. To clean all sinks, grills, screens, exhaust hoods, mop all floors and clean countertops and utensils after each day’s use and leave the snack bar in a condition deemed acceptable to CITY. The snack bar area should not be used for storage of any materials not pertaining to food items used for snack bar operations.
n. To ensure when a barbecue is used (a permit is required to be obtained by Department of Public Health), it is set up a minimum of ten feet away from any structure and LEAGUE must provide one fire extinguisher for each barbecue being used. All safety and health regulations set forth by the County of San Bernardino Department of Public Health must be followed.

LEAGUE must also ensure that a drip pan be used and ensure barbecue has completely cooled down before returning to storage in any CITY structure. o. To deposit, with the CITY representative, the sum of Three Hundred Dollars ($300) as a refundable cleaning deposit to ensure the proper care and cleanup of the snack bar, restrooms, meeting areas, towers, and equipment therein. At the end of the playing season, an inspection shall be conducted by CITY and LEAGUE representatives to ensure that all areas and CITY– owned equipment have been properly cared for, maintained and cleaned. All non–CITY–owned equipment, with exception of refrigerators, freezers, and ice machines shall be removed from snack bar areas. Refrigerators, freezers, MONTCLAIR CITY COUNCIL MEETING – 01/21/2025 Page 22 of 103 AGREEMENT NO. 25–03
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and ice machines owned by LEAGUE shall be cleaned out, doors left open, and electrical turned off. Any food items left in the refrigerators and/or freezers will be discarded by the CITY. Ice machines owned by CITY shall be cleaned out, serviced, and maintained by CITY.
p. To conform to all safety and health regulations set forth by the County of San Bernardino Department of Public Health and register your snack bar as Pre-packaged. Maintain all CITY–installed facilities and equipment in their original condition. Failure to comply with these requirements will result in a breach of this Agreement and the loss of the use of the premises. q. To follow proper call–out procedures in an emergency (an urgent need for assistance or some type of immediate action) by using only telephone numbers issued for this purpose. A Contact List containing the emergency telephone numbers is attached.
r. LEAGUE agrees to assist CITY in keeping order in the park area and to provide responsible supervision as may be necessary to prevent vandal-ism or malicious mischief to the property including for graffiti removal on buildings within 24 hours of notification, contact Graffiti Abatement Hotline at 625–9429 and report vandalism immediately to the Public Works Department at 625–9480. LEAGUE will not attempt to remove Graffiti or make repairs to building. LEAGUE shall furnish and supply personnel to conduct and supervise LEAGUE activities on the premises. s. If LEAGUE elects to use lights for activities conducted after dark, the CITY will provide electrical services associated with lights at no charge to the LEAGUE.
t. To deposit, with the CITY representative, the sum of Five Hundred Dollars ($500) as a security deposit, to ensure the proper and prompt payment of any incurred damages to facilities associated with the LEAGUE. In the event all potential damages are paid by the end of this Agreement term, the deposit will be refunded.
u. To provide the CITY representative with a list of the Board of Directors, including names, addresses, and telephone numbers.
v. To provide CITY with participant rosters, practice and game schedules.

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y. This Agreement is subject to the terms and conditions of any master lease CITY may have with another public agency, of which LEAGUE had knowledge. aa. It is agreed that LEAGUE may use said baseball fields from January 22, 2025, through August 31, 2025, Mondays through Fridays generally commencing at 4:00 p.m. and Saturdays, generally commencing at 8:00 a.m. No games or activities will be conducted past 9:45 p.m.
bb. PUBLIC LIABILITY AND PROPERTY DAMAGE: Throughout the term of this Agreement, at LEAGUE's sole cost and expense, LEAGUE shall keep, or cause to be kept, in full force and effect, for the mutual benefit of CITY and LEAGUE, comprehensive, broad form, general public liability insurance against claims and liabilities for personal injury, death, or property providing proof of at least One Million Dollars ($1,000,000) for bodily injury or death to any one person or for any one accident or occurrence, and at least Three Hundred Thousand Dollars ($300,000) for property damage. All insurance required by this Agreement shall be carried only by responsible insurance companies duly admitted to transact business in the State of California and shall name as additional insured the CITY, its elected officials, officers, employees, and agents. All policies shall contain language, to the extent obtainable, to the effect that (1) the insurer and the insured waive the right of subrogation against CITY and CITY's elected officials, officers, employees, and agents; (2) the policies are primary and non contributing with any insurance that may be carried by CITY; and (3) they cannot be canceled or materially changed except after thirty (30) days' notice, in writing, by the insurer to CITY by certified mail. LEAGUE shall furnish CITY with copies of such policies promptly upon receipt of them or certificate(s) evidencing the insurance.
cc. INDEMNIFICATION: LEAGUE shall defend, indemnify and save harmless CITY, its elected and appointed officials, officers, agents, and employees from all liability from loss, damage, or injury to persons or property including the payment by LEAGUE of any and all legal costs and attorneys' fees in any manner arising out of any negligent or intentional or willful acts or omissions of the LEAGUE in the activities, use, or occupancy of the PREMISES including, but not limited to, all consequential damages to the maximum extent permitted by law.
dd. It is understood and agreed that there is no relationship of employer– employee for Workers' Compensation purposes between CITY and any person connected with the LEAGUE, unless such person is otherwise regularly employed by and conducting official business of CITY. ee. To conduct all operations in compliance with the Americans with Disabilities Act.
ff. LEAGUE shall provide CITY with at least two (2) weeks' notice for room reservations for use of CITY facilities for LEAGUE meetings.

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gg. LEAGUE may place banners up on weekdays and Saturdays, but they must be removed by the close of Saturday each week. Banners are not allowed to stay up on Sundays. Banners must be no greater than 3 feet by 5 feet.

Banners will be attached to outfield chain link fence using clip on rings.

Banner clearance from turf is a minimum of 2 inches. The City will determine if a banner is past its useful life due to sun fade, rips, graffiti, etc., and will notify LEAGUE of said issue. LEAGUE will have 24 hours to remove said banner. The CITY has the right to remove and dispose of any banner that is not displayed following the above mentioned procedures. hh. LEAGUE may place shade cloth as necessary to dug outs on weekdays and Saturdays, but they must be removed by the close of Saturday each week.

Shade cloth is not allowed to stay up on Sundays. Shade cloth must be no greater than what may be required to provide adequate coverage over dug outs. Shade cloth will be attached to dug out structure using clip on rings.

The City will determine if a shade cloth is past its useful life due to sun fade, rips, graffiti, etc. and will notify LEAGUE of said issue. LEAGUE will have 24 hours to remove said shade cloth. The CITY has the right to remove and dispose of any shade cloth that is not displayed following the above mentioned procedures. If LEAGUE does not remove or replace shade cloth as requested by CITY within 24 hours, CITY may prohibit use of fields and snack bar facilities to LEAGUE until request has been met. ii. Locks are issued by the City to secure areas of the park and have access to those areas such as snack bar shutters for maintenance. If locks are needed to replace a lost or damaged lock contact the City immediately. The League at no time shall use personal locks to secure any area. If a personal lock is found the League will be notified and will have 24 hours to remove it. If not removed the City will remove it by any means necessary and the City will not be held responsible for the League’s lock.

SECTION 2: CITY hereby agrees as follows:
a. To maintain the periphery of the premises, including shrubs and trees, and mow all grass on a year–round basis.
b. To pay for all water used on premises.
c. To have full control over watering the entire premises. LEAGUE shall not adjust or readjust or otherwise change the sprinkler system or water control facilities.
d. To provide emergency call–out telephone numbers for use by LEAGUE. A Contact List containing the emergency telephone numbers is attached. e. To provide to LEAGUE, inventory list of equipment in snack bar and meeting areas; to provide inspection of those areas and equipment at the end of the agreement period.
f. Upon approval of the Director of Human Services, LEAGUE's cleaning deposit shall rollover any unused monies into the next Agreement.

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g. To designate a CITY representative to work with LEAGUE on all non-maintenance issues relating to the use of CITY facilities. h. To provide alarm service at no charge to LEAGUE.

NOW, THEREFORE, if any terms of this Agreement are not complied with, the Agreement will become null and void and the LEAGUE will be refused use of CITY facilities. The CITY may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the LEAGUE at least ten (10) days prior written notice.

APPROVED AND ADOPTED this day of , 2025.

LEAGUE: CITY:

MONTCLAIR LITTLE LEAGUE CITY OF MONTCLAIR
President Javier John Dutrey
Mayor
Secretary
ATTEST:

Andrea M. Myrick
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 01/21/2025 Page 26 of 103 AGREEMENT NO. 25–03
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CITY OF MONTCLAIR

CONTACT LIST FOR SPORTS LEAGUES
JANUARY 2025
Reason for
Contact Authority Contact TelephoneNumber
After–Hours/
Emergency
Montclair Police
Department Dispatch (909) 621–47719–1–1 (Emergency)
Sports League
Administration
City’s Sports League
Liaison
Fernando
Saltos (909) 625–9496
Building
Maintenance
Pub. Works
Facilities/Maint. Asst.

Manager
Mathew
Paradis
(909) 625–9443
Cell: (909) 721–1860
Grounds
Maintenance
Public Works
Operations Asst.

Manager
Alex
Cardona
(909) 625–9467
Cell: (909) 762–1372
Vandalism Public Works
Department (909) 625–9480
Graffiti
Removal
Graffiti Abatement
Hotline (909) 625–9429
MONTCLAIR CITY COUNCIL MEETING – 01/21/2025 Page 27 of 103 1 of 7
AGREEMENT NO. 25–04

WITH MONTCLAIR LITTLE LEAGUE

FOR USE OF KINGSLEY PARK
THIS AGREEMENT is made and entered into by and between the City of Montclair, hereinafter called "CITY," and Montclair Little League, hereinafter called "LEAGUE." This Agreement is contingent upon the LEAGUE fulfilling its prior contract's financial obligations and paying any and all outstanding invoices owed to the CITY. Use of any and all facilities listed herein may not be used until all fees have been paid.

WITNESSETH:

WHEREAS, CITY presently has a baseball field generally located at the northwest end of Kingsley Elementary School at Benson Avenue and Kingsley Street, Montclair, California, and
WHEREAS, said Park has been developed to provide areas for youth sports, on which premises LEAGUE desires to use for Junior/Senior Little League baseball practices and games at such times and hours set forth in Section 1(y). The term of this Agreement is for January 22, 2025 through August 31, 2025.

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h. Not to disconnect or make changes to existing phone line account. i. Not to allow hitting balls into the chain link fences for batting practice. j. To provide the CITY with a written list of all items to be stored in park buildings. No items should be stored in rest room facilities, except rest room supplies. Any items found to be stored in buildings without prior written authorization from the CITY will be removed by city crews with or without prior notice to LEAGUE. Any cost incurred by the CITY by removing, storing, or disposal of said property shall be the responsibility of LEAGUE. k. CITY to maintain restroom facilities and CITY to furnish all supplies for each well- maintained restroom. LEAGUE to police the entire premises after each day's use and pick up all paper, trash, and other debris that may have accumulated, and leave the premises in a condition deemed acceptable to CITY. This work shall be completed within two hours after an activity has ended. If the premises are not maintained as stated a contracted cleaning agency will be hired by the CITY and the LEAGUE will be responsible for all fees related to the service.
l. To maintain all equipment and appliances within the snack bar and snack bar building at all times. To clean all sinks, grills, screens, exhaust hoods, mop all floors and clean countertops and utensils after each day’s use and leave the snack bar in a condition deemed acceptable to CITY. The snack bar area should not be used for storage of any materials not pertaining to food items used for snack bar operations.
m. To ensure when a barbecue is used (a permit is required to be obtained by Department of Public Health), it is set up a minimum of ten feet away from any structure and LEAGUE must provide one fire extinguisher for each barbecue being used. All safety and health regulations set forth by the County of San Bernardino Department of Public Health must be followed.

LEAGUE must also ensure that a drip pan be used and ensure barbecue has completely cooled down before returning to storage in any CITY structure. n. To deposit, with the CITY representative, the sum of Three Hundred Dollars ($300) as a refundable cleaning deposit to ensure the proper care and cleanup of the snack bar, restrooms, meeting areas, towers, and equipment therein. At the end of the playing season, an inspection shall be conducted by CITY and LEAGUE representatives to ensure that all areas and CITY– owned equipment have been properly cared for, maintained and cleaned. All non–CITY–owned equipment, with exception of refrigerators, freezers, and ice machines shall be removed from snack bar areas. Refrigerators, freezers, and ice machines owned by LEAGUE shall be cleaned out, doors left open, and electrical turned off. Any food items left in the refrigerators and/or freezers will be discarded by the CITY. Ice machines owned by CITY shall be cleaned out, serviced, and maintained by CITY.
o. To conform to all safety and health regulations set forth by the County of San Bernardino Department of Public Health and register your snack bar as MONTCLAIR CITY COUNCIL MEETING – 01/21/2025 Page 29 of 103 AGREEMENT NO. 25–04
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Pre-packaged. Maintain all CITY–installed facilities and equipment in their original condition. Failure to comply with these requirements will result in a breach of this Agreement and the loss of the use of the premises. p. To follow proper call–out procedures in an emergency (an urgent need for assistance or some type of immediate action) by using only telephone numbers issued for this purpose. A Contact List containing the emergency telephone numbers is attached.
q. LEAGUE agrees to assist CITY in keeping order in the park area and to provide responsible supervision as may be necessary to prevent vandalism or malicious mischief to the property including for graffiti removal on buildings within 24 hours of notification, contact Graffiti Abatement Hotline at 625–9429 and report vandalism immediately to the Public Works Department at 625–9480. LEAGUE will not attempt to remove Graffiti or make repairs to building. LEAGUE shall furnish and supply personnel to conduct and supervise LEAGUE activities on the premises. r. If LEAGUE elects to use lights for activities conducted after dark, the CITY will provide electrical services associated with lights at no charge to the LEAGUE.
s. To deposit, with the CITY representative, the sum of Five Hundred Dollars ($500) as a security deposit, to ensure the proper and prompt payment of any incurred damages to facilities associated with the LEAGUE. In the event all potential damages are paid by the end of this Agreement term, the deposit will be refunded.
t. To provide the CITY representative with a list of the Board of Directors including names, addresses, and telephone numbers.
u. To provide CITY with participant rosters, practice and game schedules.

Fields will be allocated to the League accordingly. The City reserves the right to allocate any field not in use by the League. Also, sixty percent of league participants must live in Montclair and provide verification such as registration forms.
v. To provide CITY with financial statements upon request for audit purposes. w. To designate one individual as the LEAGUE's representative to work with the CITY's representative.
x. This Agreement is subject to the terms and conditions of any master lease CITY may have with another public agency of which LEAGUE had knowledge. y. It is agreed that LEAGUE may use said baseball fields from January 22, 2025, through August 31, 2025, Mondays through Fridays generally commencing at 4:00 p.m. and Saturdays generally commencing at 8:00 a.m.. No games or activities will be conducted past 9:45 p.m.

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z. PUBLIC LIABILITY AND PROPERTY DAMAGE: Throughout the term of this Agreement, at LEAGUE's sole cost and expense, LEAGUE shall keep, or cause to be kept in full force and effect for the mutual benefit of CITY and LEAGUE comprehensive, broad form, general public liability insurance against claims and liabilities for personal injury, death, or property providing proof of at least One Million Dollars ($1,000,000) for bodily injury or death to any one person or for any one accident or occurrence and at least Three Hundred Thousand Dollars ($300,000) for property damage. All insurance required by this Agreement shall be carried only by responsible insurance companies duly admitted to transact business in the State of California and shall name as additional insured the CITY, its elected officials, officers, employees, and agents. All policies shall contain language, to the extent obtainable, to the effect that (1) the insurer and the insured waive the right of subrogation against CITY and CITY's elected officials, officers, employees, and agents; (2) the policies are primary and noncontributing with any insurance that may be carried by CITY; and (3) they cannot be canceled or materially changed except after thirty (30) days' notice in writing by the insurer to CITY by certified mail. LEAGUE shall furnish CITY with copies of such policies promptly upon receipt of them, or certificate(s) evidencing the insurance. aa. INDEMNIFICATION: LEAGUE shall defend, indemnify, and save harmless CITY, its elected and appointed officials, officers, agents, and employees from all liability from loss, damage, or injury to persons or property including the payment by LEAGUE of any and all legal costs and attorneys' fees in any manner arising out of any negligent or intentional or willful acts or omissions of the LEAGUE in the activities, use, or occupancy of the PREMISES including, but not limited to, all consequential damages to the maximum extent permitted by law.
bb. It is understood and agreed that there is no relationship of employer– employee for Workers' Compensation purposes between CITY and any person connected with the LEAGUE, unless such person is otherwise regularly employed by and conducting official business of CITY. cc. To conduct all operations in compliance with the Americans with Disabilities Act.
dd. LEAGUE shall provide CITY with at least two (2) weeks' notice for room reservations for use of CITY facilities for LEAGUE meetings. ee. LEAGUE may place banners up on weekdays and Saturdays, but they must be removed by the close of Saturday each week. Banners are not allowed to stay up on Sundays. Banners must be no greater than 3’X 5’. Banners will be attached to outfield chain link fence using clip on rings. Banner clearance from turf is a minimum of 2”. The City will determine if a banner is past its useful life due to sun fade, rips, graffiti, etc. and will notify LEAGUE of said issue. LEAGUE will have 24 hours to remove said banner. The CITY has the right to remove and dispose of any banner that is not displayed following the above mentioned procedures.

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ff. LEAGUE may place shade cloth as necessary to dug outs on weekdays and Saturdays, but they must be removed by the close of Saturday each week.

The City will determine if a shade cloth is past its useful life due to sun fade, rips, graffiti, etc. and will notify LEAGUE of said issue. LEAGUE will have 24 hours to remove said shade cloth. The CITY has the right to remove and dispose of any shade cloth that is not displayed following the above mentioned procedures. If LEAGUE does not remove or replace shade cloth as requested by CITY within 24 hours, CITY may prohibit use of fields and snack bar facilities to LEAGUE until request has been met. gg. Locks are issued by the City to secure areas of the park and have access to those areas such as snack bar shutters for maintenance. If locks are needed to replace a lost or damaged lock contact the City immediately. The League at no time shall use personal locks to secure any area. If a personal lock is found the League will be notified and will have 24 hours to remove it. If not removed the City will remove it by any means necessary and the City will not be held responsible for the League’s lock.

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NOW, THEREFORE, if any terms of this Agreement are not complied with, the Agreement will become null and void and the LEAGUE will be refused use of CITY facilities. The CITY may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the LEAGUE at least ten (10) days prior written notice.

APPROVED AND ADOPTED this day of , 2025.

LEAGUE: CITY:

MONTCLAIR LITTLE LEAGUE CITY OF MONTCLAIR
President Javier John Dutrey
Mayor
Secretary
ATTEST:

Andrea M. Myrick
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 01/21/2025 Page 33 of 103 AGREEMENT NO. 25–04
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CITY OF MONTCLAIR

Manager
Mathew
Paradis
(909) 625–9443
Cell: (909) 721–1860
Grounds
Maintenance
Public Works
Operations Asst.

WITH MONTCLAIR GOLDEN GIRLS SOFTBALL LEAGUE

FOR USE OF VERNON PARK
THIS AGREEMENT is made and entered into by and between the City of Montclair, hereinafter called "CITY," and Montclair Little League, hereinafter called "LEAGUE." This Agreement is contingent upon the LEAGUE fulfilling its prior contract's financial obligations and paying any and all outstanding invoices owed to the CITY. Use of any and all facilities listed herein may not be used until all fees have been paid.

WITNESSETH:

WHEREAS, CITY presently has softball fields (the east and west fields) generally located at the southeast corner of the Vernon Junior High School complex, south of the corner of Benson Avenue and San Bernardino Street, Montclair, California; and WHEREAS, said Park has been developed to provide areas for youth sports, on which premises LEAGUE desires to use for girls softball practices and games at such times and hours set forth in Section 1(y). The term of this Agreement is for January 22, 2025 through August 31, 2025.

Opening and closing ceremonies will be permitted. Any other events or clinics will require written notice one month in advance for approval. The League shall not hold special events which conflict with City sponsored community special events.
c. Not to permit practice sessions in the southeast quadrant of the field; to provide specific written notice to each coach and, in turn, obtain written confirmation from each coach.
d. Not to sublet the field.
e. Not to make any improvements or alterations or mow grass on said premises.
f. Not to charge for parking of vehicles in the parking lots located within CITY facilities and not to park in the fields or walkways.

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g. Not to erect any barriers or fences of any kind unless approved by CITY. h. Not to use herbicides at the park for any purpose.
i. Not to disconnect or make changes to existing phone line account j. To provide the CITY with a written list of all items to be stored in park buildings. No items should be stored in rest room facilities, except rest room supplies. Any items found to be stored in buildings without prior written authorization from the CITY will be removed by city crews with or without prior notice to LEAGUE. Any cost incurred by the CITY by removing, storing, or disposal of said property shall be the responsibility of LEAGUE. k. CITY to maintain restroom facilities and CITY to furnish all supplies for each well- maintained restroom. LEAGUE to police the entire premises after each day's use and pick up all paper, trash, and other debris that may have accumulated, and leave the premises in a condition deemed acceptable to CITY. This work shall be completed within two hours after an activity has ended. If the premises are not maintained as stated a contracted cleaning agency will be hired by the CITY and the LEAGUE will be responsible for all fees related to the service.
l. To maintain all equipment and appliances within the snack bar and snack bar building at all times. To clean all sinks, grills, screens, exhaust hoods, mop all floors and clean countertops and utensils after each day’s use and leave the snack bar in a condition deemed acceptable to CITY. The snack bar area should not be used for storage of any materials not pertaining to food items used for snack bar operations.
m. To ensure when a barbecue is used (a permit is required to be obtained by Department of Public Health), it is set up a minimum of ten feet away from any structure and LEAGUE must provide one fire extinguisher for each barbecue being used. All safety and health regulations set forth by the County of San Bernardino Department of Public Health must be followed.

MONTCLAIR CITY COUNCIL MEETING – 01/21/2025 Page 36 of 103 AGREEMENT NO. 25–05
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o. To conform to all safety and health regulations set forth by the County of San Bernardino Department of Public Health and register your snackbar as Pre-packaged. Maintain all CITY–installed facilities and equipment in their original condition. Failure to comply with these requirements will result in a breach of this Agreement and the loss of the use of the premises. p. To be responsible for all costs as a result of lost or stolen keys. q. LEAGUE agrees to assist CITY in keeping order in the park area and to provide responsible supervision as may be necessary to prevent vandalism or malicious mischief to the property including for graffiti removal on buildings within 24 hours of notification, contact Graffiti Abatement Hotline at 625–9429 and report vandalism immediately to the Public Works Department at 625–9480. LEAGUE will not attempt to remove Graffiti or make repairs to building. LEAGUE shall furnish and supply personnel to conduct and supervise LEAGUE activities on the premises. r. If LEAGUE elects to use lights for activities conducted after dark, the CITY will provide electrical services associated with lights at no charge to the LEAGUE.
s. To deposit, with the CITY representative, the sum of Five Hundred Dollars ($500) as a security deposit, to ensure the proper and prompt payment of any incurred damages to facilities associated with the LEAGUE. In the event all potential damages are paid by the end of this Agreement term, the deposit will be refunded.
t. To provide the CITY representative with a list of the Board of Directors including names, addresses, and telephone numbers.
u. To provide CITY with participant rosters, practice and game schedules.

MONTCLAIR CITY COUNCIL MEETING – 01/21/2025 Page 37 of 103 AGREEMENT NO. 25–05
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z. PUBLIC LIABILITY AND PROPERTY DAMAGE: Throughout the term of this Agreement, at LEAGUE's sole cost and expense, LEAGUE shall keep, or cause to be kept in full force and effect for the mutual benefit of CITY and LEAGUE comprehensive, broad form, general public liability insurance against claims and liabilities for personal injury, death, or property providing proof of at least One Million Dollars ($1,000,000) for bodily injury or death to any one person or for any one accident or occurrence and at least Three Hundred Thousand Dollars ($300,000) for property damage. All insurance required by this Agreement shall be carried only by responsible insurance companies duly admitted to transact business in the State of California and shall name as additional insured the CITY, its elected officials, officers, employees, and agents. All policies shall contain language, to the extent obtainable, to the effect that (1) the insurer and the insured waive the right of subrogation against CITY and CITY's elected officials, officers, employees, and agents; (2) the policies are primary and noncontributing with any insurance that may be carried by CITY; and (3) they cannot be canceled or materially changed except after thirty (30) days' notice in writing by the insurer to CITY by certified mail. LEAGUE shall furnish CITY with copies of such policies promptly upon receipt of them, or certificate(s) evidencing the insurance. aa. INDEMNIFICATION: LEAGUE shall defend, indemnify and save harmless CITY, its elected and appointed officials, officers, agents, and employees from all liability from loss, damage, or injury to persons or property including the payment by LEAGUE of any and all legal costs and attorneys' fees in any manner arising out of any negligent or intentional or willful acts or omissions of the LEAGUE in the activities, use, or occupancy of the PREMISES including, but not limited to, all consequential damages, to the maximum extent permitted by law.
bb. It is understood and agreed that there is no relationship of employer– employee for Workers' Compensation purposes between CITY and any person connected with the LEAGUE, unless such person is otherwise regularly employed by and conducting official business of CITY. cc. To conduct all operations in compliance with the Americans with Disabilities Act.
dd. LEAGUE shall provide CITY with at least two (2) weeks' notice for room reservations for use of CITY facilities for LEAGUE meetings. ee. LEAGUE may place banners up on weekdays and Saturdays, but they must be removed by the close of Saturday each week. Banners are not allowed to stay up on Sundays. Banners must be no greater than 3’X 5’. Banners will be attached to outfield chain link fence using clip on rings. Banner clearance from turf is a minimum of 2”. The City will determine if a banner is past its useful life due to sun fade, rips, graffiti, etc. and will notify LEAGUE of said issue. LEAGUE will have 24 hours to remove said banner. The CITY has the right to remove and dispose of any banner that is not displayed following the above mentioned procedures.

MONTCLAIR CITY COUNCIL MEETING – 01/21/2025 Page 38 of 103 AGREEMENT NO. 25–05
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ff. LEAGUE may place shade cloth as necessary to dug outs on weekdays and Saturdays, but they must be removed by the close of Saturday each week.

The City will determine if a shade cloth is past its useful life due to sun fade, rips, graffiti, etc. and will notify LEAGUE of said issue. LEAGUE will have 24 hours to remove said shade cloth. The CITY has the right to remove and dispose of any shade cloth that is not displayed following the above mentioned procedures. If LEAGUE does not remove or replace shade cloth as requested by CITY within 24 hours, CITY may prohibit use of fields and snack bar facilities to LEAGUE until request has been met. gg. Locks are issued by the City to secure areas of the park and have access to those areas such as snack bar shutters for maintenance. If locks are needed to replace a lost or damaged lock contact the City immediately. The League at no time shall use personal locks to secure any area. If a personal lock is found the League will be notified and will have 24 hours to remove it. If not removed the City will remove it by any means necessary and the City will not be held responsible for the League’s lock.

A Contact List containing the emergency telephone numbers is attached.
e. Upon approval of the Director of Human Services, LEAGUE's cleaning deposit shall rollover any unused monies into the next Agreement. f. To designate a CITY representative to work with LEAGUE on all non– maintenance issues relating to the use of CITY facilities.

NOW, THEREFORE, if any terms of this Agreement are not complied with, the Agreement will become null and void and the LEAGUE will be refused use of CITY facilities. The CITY may at any time, for any reason, with or without cause, suspend or MONTCLAIR CITY COUNCIL MEETING – 01/21/2025 Page 39 of 103 AGREEMENT NO. 25–05
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terminate this Agreement, or any portion hereof, by serving upon the LEAGUE at least ten (10) days prior written notice.

APPROVED AND ADOPTED this day of , 2025.

LEAGUE: CITY:

GOLDEN GIRLS SOFTBALL CITY OF MONTCLAIR
President Javier John Dutrey
Mayor
Secretary
ATTEST:

Andrea M. Myrick
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 01/21/2025 Page 40 of 103 AGREEMENT NO. 25–05
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CITY OF MONTCLAIR

Manager
Mathew
Paradis
(909) 625–9443
Cell: (909) 721–1860
Grounds
Maintenance
Public Works
Operations Asst.

CITY COUNCIL

AGENDA REPORT
DATE: JANUARY 21, 2025
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 3
FILE I.D.: PRK675
DEPT.: PUBLIC WORKS
PREPARER: M.PARADIS
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 25–06 WITH ONTARIO–MONTCLAIR

SCHOOL DISTRICT FOR THE LEASE OF THE FIELD AT VERNON MIDDLE SCHOOL (GOLDEN GIRLS BALL FIELD)
REASON FOR CONSIDERATION: The agreement for the lease of Vernon Middle School Field (Golden Girls Ball Field) expired on June 30, 2020. The City Council is requested to consider approval of Agreement No. 25–06 with Ontario–Montclair School District (OMSD) to lease the field for continued recreational use, a copy of which is attached for the City Council’s review and consideration.

BACKGROUND: Since 1980, the City has had agreements with OMSD for the use of a portion of Vernon Middle School for the use of ball fields. The portion of the school used for this purpose has come to be known as Golden Girls Ball Field. The most recent agreement, Agreement No. 13–97, was written for a term of eight years and expired on June 30, 2020.

A new agreement has been negotiated with OMSD. The proposed agreement would be valid for five years with the term beginning July 1, 2024, and concluding on June 30, 2029, with a rental cost of $1.00 per year. This agreement includes a parking lot improvement clause where the City of Montclair will perform a one–time crack and slurry sealing of the Vernon Middle School parking lot during the term of the agreement. The City is also responsible for maintenance of the grounds throughout the term of the agreement.

FISCAL IMPACT: The cost to lease the Vernon Middle School Field from OMSD for five years would be $1.00 per year, for a total of $5.00, for the term of the lease. The annual cost of maintenance for the field is $16,988.40. The cost to repair the parking lot pavement will be determined through an informal bidding process.

RECOMMENDATION: Staff recommends the City Council approve Agreement No. 25– 06 with Ontario–Montclair School District for the lease of the field at Vernon Middle School (Golden Girls Ball Field).

MONTCLAIR CITY COUNCIL MEETING – 01/21/2025 Page 42 of 103 Agreement No. 25-06 MONTCLAIR CITY COUNCIL MEETING – 01/21/2025 Page 43 of 103 Agreement No. 25-06 MONTCLAIR CITY COUNCIL MEETING – 01/21/2025 Page 44 of 103 Agreement No. 25-06 MONTCLAIR CITY COUNCIL MEETING – 01/21/2025 Page 45 of 103 Agreement No. 25-06 MONTCLAIR CITY COUNCIL MEETING – 01/21/2025 Page 46 of 103 Agreement No. 25-06 MONTCLAIR CITY COUNCIL MEETING – 01/21/2025 Page 47 of 103 Agreement No. 25-06 MONTCLAIR CITY COUNCIL MEETING – 01/21/2025 Page 48 of 103 Agreement No. 25-06 MONTCLAIR CITY COUNCIL MEETING – 01/21/2025 Page 49 of 103 Agreement No. 25-06 MONTCLAIR CITY COUNCIL MEETING – 01/21/2025 Page 50 of 103 Agreement No. 25-06 MONTCLAIR CITY COUNCIL MEETING – 01/21/2025 Page 51 of 103 Agreement No. 25-06 MONTCLAIR CITY COUNCIL MEETING – 01/21/2025 Page 52 of 103 Agreement No. 25-06 MONTCLAIR CITY COUNCIL MEETING – 01/21/2025 Page 53 of 103 Agreement No. 25-06 MONTCLAIR CITY COUNCIL MEETING – 01/21/2025 Page 54 of 103 Agreement No. 25-06 MONTCLAIR CITY COUNCIL MEETING – 01/21/2025 Page 55 of 103 Agreement No. 25-06 MONTCLAIR CITY COUNCIL MEETING – 01/21/2025 Page 56 of 103

CITY COUNCIL

AGENDA REPORT
DATE: JANUARY 21, 2025
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 4
FILE I.D.: PRK700
DEPT.: PUBLIC WORKS
PREPARER: M. HEREDIA
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 25–07 WITH THE U.S. DEPARTMENT OF TRANSPORTATION TO ACCEPT A $750,000 NEIGHBORHOOD ACCESS AND EQUITY

GRANT AWARD FOR THE DESIGN OF CROSSINGS ALONG THE SAN ANTONIO CREEK TRAIL AT THE METROLINK RAIL LINE AND THE I–10 FREEWAY
CONSIDER AUTHORIZING A $181,965 APPROPRIATION FROM 2021 LEASE REVENUE

BOND PROCEEDS IN MATCHING FUNDS FOR THE SAN ANTONIO CREEK TRAIL

CROSSING DESIGN PROJECT
REASON FOR CONSIDERATION: The City Council is requested to approve Agreement No. 25–07 with the U.S. Department of Transportation (USDOT) to accept a $750,000 Neighborhood Access and Equity (NAE) grant to fund the design of crossings at the Metrolink rail line and the I–10 Freeway along the future San Antonio Creek Trail.

BACKGROUND: The San Antonio Creek Channel runs north to south through the entire length of the City. The future San Antonio Creek trail system (SA Trail) will be a vibrant, connected, and safe multi–use greenway path that will provide new connections between neighborhoods, parks, schools, and other community destinations. Phase I of this vision has been constructed as part of the Sunset Park Beautification Project.

Building the SA Trail will bring many health, economic, environmental, and transportation benefits to the City and the region. Encouraging people to shift from making personal vehicle trips to more active transportation trips could result in lower traffic congestion, lower greenhouse gas emissions, improved air quality, and higher levels of physical activity, improving the health and well–being of the region's residents.

The SA Trail will provide opportunities for residents to make trips across the region to get to work or school, run errands, or visit friends and family.

The crossing design project is a planning effort to address two significant connectivity barriers on the northern end of the SA Trail. The planned SA Trail crossing intends to provide an alternate and separate corridor for pedestrians and bicyclists to safely access the Montclair Transportation Center, where additional modes of transportation are available such as Metrolink rail, Los Angeles and San Bernardino County bus transit services, and the future Gold Line light rail service. Additionally, the SA Trail system will connect to the Southern Pacific/Pacific Electric pedestrian and bicycle Class I trail system (PE Trail) traversing the cities of Claremont, Upland, and Fontana and ending in Rialto.

The City has been awarded a $750,000 grant by USDOT to fund the design of crossings over or under the Metrolink rail line and the I–10 (San Bernardino) Freeway. With $4.1 million in state funding already committed for other portions of this project, this design project will fulfill the Reconnecting Community Program goals of reconnecting communities harmed by transportation infrastructure and will be consistent with USDOT' priorities of delivering transportation projects that promote multi–modalism and reduce vehicle–miles traveled, reduce greenhouse gas emissions and criteria air pollutants, and increase equity and access to historically disadvantaged and neglected communities.

MONTCLAIR CITY COUNCIL MEETING – 01/21/2025 Page 57 of 103 Once the agreement is signed, the City will send a Request for Proposals and will prepare an agenda report to the City Council for approval of the selected consultant that will prepare the plans and specifications for construction of the two crossings.

Preparation of plans and specifications should meet railroad limitations to allow a 22.5– foot clearance from the top of rail to the bottom of the bridge structure, or provide a minimum 16.5–foot clearance from the top of rail to the bottom of the undercrossing structure. The crossing designs will include ADA–compliant slopes and height clearances. The maximum slope of access ramps is limited to a one–foot rise in twelve horizontal feet (1:12 or 8.3 percent).

To provide the vertical clearance over the Metrolink rail, while respecting the ADA– compliant slopes, the trail will need long approach ramps (300 to 500 feet long on either side of the trail corridor). These ramps can be supported by embankments (sometimes retained by walls) or elevated causeways.

At the freeway crossing, the floor of the trail should be lowered through the undercrossing to allow for a minimum overhead clearance of ten feet. A 30–inch water line through the undercrossing path will need to be relocated to make room for the future trail. The undercrossing should also maximize available natural light and supplement with artificial lighting that is integrated into the overall design. The undercrossing should be well–maintained and clear of trash and other debris, and will include a proper drainage system.

FISCAL IMPACT: USDOT has approved an NAE grant awarded of $750,000 to fund the design of crossings over or under the Metrolink rail and the San Bernardino freeway along the San Antonio Creek Trail system. The estimated design cost for the project is $931,965, and the City is required to contribute the remaining $181,965 as matching funds for the grant, which will come from 2021 Lease Revenue Funds. The actual design cost will be determined when a consultant is selected for this design project.

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

1. Approve Agreement No. 25–07 with USDOT to accept a $750,000 Neighborhood Access and Equity grant award for the design of crossings along the San Antonio Creek Trail at the Metrolink rail line and the I–10 Freeway.

2. Authorize a $181,965 appropriation from 2021 Lease Revenue Bond proceeds for matching cost related to Agreement 25–07
MONTCLAIR CITY COUNCIL MEETING – 01/21/2025 Page 58 of 103 U.S. DEPARTMENT OF TRANSPORTATION

GRANT AGREEMENT UNDER THE
FISCAL YEAR 2023 NEIGHBORHOOD ACCESS AND EQUITY PROGRAM This agreement is between the United States Department of Transportation (the “USDOT”) and the City of Montclair (the “Recipient”).

This agreement reflects the selection of the Recipient to receive an NAE Grant for the City of Montclair San Antonio Creek Trail Crossings Design.

The parties therefore agree to the following:

ARTICLE 1
GENERAL TERMS AND CONDITIONS.

1.1 General Terms and Conditions.
(a) In this agreement, “General Terms and Conditions” means the content of the document titled “General Terms and Conditions Under the Fiscal Year 2023 Neighborhood Access and Equity (NAE) Notice of Funding Opportunity: FHWA Projects,” dated October 1, 2024, which is available on the RCN website. The General Terms and Conditions reference the information contained in the schedules to this agreement. The General Terms and Conditions are part of this agreement.
(b) The Recipient states that it has knowledge of the General Terms and Conditions. (c) The Recipient acknowledges that the General Terms and Conditions impose obligations on the Recipient and that the Recipient’s non-compliance with the General Terms and Conditions may result in remedial action, terminating of the NAE Grant, disallowing costs incurred for the Project, requiring the Recipient to refund to the USDOT the NAE Grant, and reporting the non-compliance in the Federal-government-wide integrity and performance system.

ARTICLE 2
SPECIAL TERMS AND CONDITIONS.

There are no special terms for this award.

Agreement No. 25-07
MONTCLAIR CITY COUNCIL MEETING – 01/21/2025 Page 59 of 103

1. Award No.
693JJ32540420

2. Effective Date
See No. 17 Below

3. Assistance
Listings No.

20.940

4. Award To
City of Montclair
5111 Benito Street
Montclair, CA 91763
Unique Entity Id.: YM87HK81HED6
TIN No.: 956005731

5. Sponsoring Office
U.S. Department of Transportation
Federal Highway Administration
Office of Acquisition & Grants Management
1200 New Jersey Avenue, SE
HCFA-43, Mail Drop E62-204
Washington, DC 20590

6. Period of Performance
Effective Date of Award –
6/30/2027

7. Total Amount
Federal Share:

Recipient Share:

Total:
$750,000
$181,965
$931,965

8. Type of Agreement
Grant

9. Authority
Inflation Reduction Act (IRA), § 60501; 23
U.S.C. 177, enacted as Pub. L. 117-169 (Aug.
16, 2022)

10. Procurement Request No.

HEPP250032PR

11. Federal Funds Obligated
$750,000

12. Submit Payment Requests To
See Article 13 of the General Terms and
Conditions.

13. Payment Office
See Article 13 of the General Terms and
Conditions.

14. Accounting and Appropriations Data
1560647B50.2022.060NE02500.6601000000.41010.61006600.0000000000.0000000000.00000000

00.0000000000

15. Description of Project
The City of Montclair will design crossings (over/under) for two major barriers that exist along the planned San Antonio Creek Trail: 1) Metrolink Rail line; and 2) at the San Bernardino Freeway (Interstate 10).

RECIPIENT

16. Signature of Person Authorized to Sign
______________________________________
Signature Date
Name: Monica Heredia, P.E.

Title: Public Works Director/City Engineer

FEDERAL HIGHWAY ADMINISTRATION

17. Signature of Agreement Officer
______________________________________
Signature Date
Name: Ryan Buck
Title: Agreement Officer
MONTCLAIR CITY COUNCIL MEETING – 01/21/2025 Page 60 of 103

SCHEDULE A

ADMINISTRATIVE INFORMATION

1. Application.

Application Title: City of Montclair San Antonio Creek Trail Crossings Design Application Date: 9/28/2023

2. Recipient’s Unique Entity Identifier.

See section 24.3 of the General Terms and Conditions; also see page 1, item 4.

3. Recipient Contact(s).

Monica Heredia, P.E.

Public Works Director/City Engineer
City of Montclair
5111 Benito Street, Montclair, CA 91763
909-625-9441
[email protected]

4. Recipient Key Personnel.

Name Title or Position
Monica Heredia
Rosemary Hoerning
Director of Public Works/City Engineer
Executive Director of Engineering/ Major Projects Manager

5. USDOT Project Contact(s).

Elissa K. Konove
Agreement Officer Representative (AOR)
Division Administrator
Federal Highway Administration
California Division
650 Capitol Mall, Suite 4-100
Sacramento, CA 95818
(916) 498-5001
[email protected]
and
MONTCLAIR CITY COUNCIL MEETING – 01/21/2025 Page 61 of 103 Antonio Johnson
Director – Planning, Environment, & Right of Way
Federal Highway Administration
California Division
650 Capitol Mall, Suite 4-100
Sacramento, CA 95818
(916) 498-5889
[email protected]
and
Ryan Buck
Agreement Officer (AO)
Federal Highway Administration
Office of Acquisition and Grants Management
HCFA-43, Mail Stop E62-310
1200 New Jersey Avenue, S.E.

Washington, DC 20590
202-744-9698
[email protected]
and
Kenneth Petty
Planning/Regional Partnership - Planning
Director, Office of Planning
Federal Highway Administration
Office of Planning, Environment, and Realty
1200 New Jersey Avenue SE
Room E72-330
Washington, DC 20590

6. Payment System.

USDOT Payment System: DELPHI eInvoicing

7. Office for Subaward and Contract Authorization.

USDOT Office for Subaward and Contract Authorization: FHWA Office of Acquisition and Grants Management

8. Federal Award Identification Number.

See section 24.2 of the General Terms and Conditions; also see page 1, item 1.

9. Designated Subrecipient.

Designated Subrecipient: None
MONTCLAIR CITY COUNCIL MEETING – 01/21/2025 Page 62 of 103

SCHEDULE B

PROJECT ACTIVITIES

1. General Project Description.

The City of Montclair will design crossings (over/under) for two major barriers that exist along the planned San Antonio Creek Trail: 1) Metrolink Rail line; and 2) at the San Bernardino Freeway (Interstate 10).

2. Statement of Work.

Design crossings (over/under) two major barriers that exist along the City planned three mile San Antonio Creek Multi-Use Trail: 1) at the Metrolink Rail line; and 2) at Interstate 10 (I-10) Freeway. The design crossings should include ADA compliant slopes and height clearances. The maximum slope of access ramps is limited to a 1 foot rise in 12 horizontal feet (1:12 or 8.3%).

To provide the vertical clearance over the Metrolink rail, while respecting the mild Americans with Disabilities Act (ADA) compliant slopes, the trail will need long approach ramps (300 to 500 feet long on either side of the rail corridor). These ramps can be supported by embankments (sometimes retained by walls) or elevated causeways.

Undercrossing should also maximize available natural light and supplement with artificial lighting that is integrated into the overall design. Undercrossing should be wellmaintained and clear of trash and other debris. Undercrossing should include a drainage system.

Preparation of plans and specifications should meet railroad limitations to allow a 22.5’ of clearance from the top of rail to the bottom of the bridge structure or provide a minimum of 16.5’ clearance from the top of rail to the bottom of the under crossing structure.

Design consultant should evaluate the feasibility of the Metrolink undercrossing as follows:
• Construction of the undercrossing would cause disruption in rail operations. • Protocols for Federal Rail Association.
• Drainage.
• Coordinate with the Army Corps of Engineers and San Bernardino County Flood Control District.

At the I-10 Freeway crossing, the floor of the trail should be lowered through the undercrossing to allow for a minimum overhead clearance of 10'. A 30" water line through the undercrossing path will need to be relocated to make room for the future trail.

MONTCLAIR CITY COUNCIL MEETING – 01/21/2025 Page 63 of 103

SCHEDULE C

AWARD DATES AND PROJECT SCHEDULE

1. Award Dates.

Budget Period End Date: 6/30/2027
Period of Performance End Date: See section 4.5 of the General Terms and Conditions; also see page 1, item 6.

2. Estimated Project Schedule.
[Alternative #2: if this designated a Planning project at section 1 of schedule F:] Milestone Schedule Date
Planned Project Completion Date: 12/31/2026

3. Special Milestone Deadlines.

None.

4. Prerequisite Dates.

Milestone Date
Added to Unified Planning Work Program (UPWP) 5/2/2024
Added to Statewide Planning Work Program N/A
MONTCLAIR CITY COUNCIL MEETING – 01/21/2025 Page 64 of 103

SCHEDULE D

AWARD AND PROJECT FINANCIAL INFORMATION

1. Award Amount.

NAE Grant Amount: $750,000

2. Federal Obligation Information.

Federal Obligation Type: Single

3. Approved Project Budget.

Eligible Project Costs
Component 1 Total
NAE Funds: $750,000 $750,000
Other Federal Funds: $0 $0
Non-Federal Funds: $181,965 $181,965
Total: $931,965 $931,965

4. Approved Pre-award Costs
None. The USDOT has not approved under this award any pre-award costs under 2 C.F.R. 200.458.

MONTCLAIR CITY COUNCIL MEETING – 01/21/2025 Page 65 of 103

SCHEDULE E

CHANGES FROM APPLICATION
INSTRUCTIONS FOR COMPLETING SCHEDULE E: Describe all material differences between the scope, schedule, and budget described in the application and the scope, schedule, budget described in schedules B–D. The purpose of this schedule E is to clearly and accurately document the differences in scope, schedule, and budget to establish the parties’ knowledge and acceptance of those differences. If there are notable changes in aspects of the Project other than scope, schedule, and budget (e.g., recipient changes), those changes should also be described.

See section 3.1 of the General Terms and Conditions.

Scope:

No changes
Schedule:

Application Schedule Proposed Schedule
RFP 3/30/2024 12/31/2025
Award Design Contract 4/30/2024 1/21/2026
The schedule has changed since the grant agreement has not been executed. Once the City Council approves the grant agreement, the city can issue the RFP and award the design contract.

Budget:

No changes
MONTCLAIR CITY COUNCIL MEETING – 01/21/2025 Page 66 of 103

SCHEDULE F

NAE PROGRAM DESIGNATIONS

1. Capital Construction or Planning Designation.

Capital-Planning Designation: Planning

2. Regional Partnership Challenge Grant
Regional Partnership Designation: No

3. Economically Disadvantaged Community Designation.

Economically Disadvantaged Community Designation: Yes

4. Funding Source.

Funding Source: General Fund

5. Security Risk Designation: Low
MONTCLAIR CITY COUNCIL MEETING – 01/21/2025 Page 67 of 103

SCHEDULE G

NAE PERFORMANCE MEASUREMENT INFORMATION
Reserved.

MONTCLAIR CITY COUNCIL MEETING – 01/21/2025 Page 68 of 103

SCHEDULE H

CLIMATE CHANGE AND ENVIRONMENTAL JUSTICE IMPACTS

1. Consideration of Climate Change and Environmental Justice Impacts.

The Recipient states that rows marked with “X” in the following table are accurate:

X
The Project is a planning project and incorporates consideration of climate change and environmental justice impacts. (Identify how the planning project incorporates consideration of climate change and environmental justice impacts in the narrative below.)
The Project directly supports a Local/Regional/State Climate Action Plan that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below.)
The Project directly supports a Local/Regional/State Equitable Development Plan that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below.)
The Project directly supports a Local/Regional/State Energy Baseline Study that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below.)
The Recipient or a project partner used environmental justice tools, such as the Climate & Economic Justice Screening Tool (CEJST), USDOT’s Equitable Transportation Community (ETC) Explorer, or the EPA’s EJSCREEN, to minimize adverse impacts of the Project on environmental justice communities. (Identify the tool(s) in the supporting narrative below.) The Project supports a modal shift in freight or passenger movement to reduce emissions or reduce induced travel demand. (Describe that shift in the supporting narrative below.)
The Project utilizes demand management strategies to reduce congestion, induced travel demand, and greenhouse gas emissions. (Describe those strategies in the supporting narrative below.)
The Project incorporates electrification infrastructure, zero-emission vehicle infrastructure, or both. (Describe the incorporated infrastructure in the supporting narrative below.)
The Project supports the installation of electric vehicle charging stations. (Describe that support in the supporting narrative below.) The Project promotes energy efficiency. (Describe how in the supporting narrative below.)
The Project serves the renewable energy supply chain. (Describe how in the supporting narrative below.)
The Project improves disaster preparedness and resiliency (Describe how in the supporting narrative below.)
MONTCLAIR CITY COUNCIL MEETING – 01/21/2025 Page 69 of 103 The Project avoids adverse environmental impacts to air or water quality, wetlands, and endangered species, such as through reduction in Clean Air Act criteria pollutants and greenhouse gases, improved stormwater management, or improved habitat connectivity. (Describe how in the supporting narrative below.)
The Project repairs existing dilapidated or idle infrastructure that is currently causing environmental harm. (Describe that infrastructure in the supporting narrative below.)
The Project supports or incorporates the construction of energy- and locationefficient buildings. (Describe how in the supporting narrative below.) The Project includes recycling of materials, use of materials known to reduce or reverse carbon emissions, or both. (Describe the materials in the supporting narrative below.)
The Recipient has taken other actions to consider climate change and environmental justice impacts of the Project. (Describe those actions in the supporting narrative below.)
The Recipient has not yet taken actions to consider climate change and environmental justice impacts of the Project but, before beginning construction of the Project, will take relevant actions described in schedule B. (Identify the relevant actions from schedule B in the supporting narrative below.) The Recipient has not taken actions to consider climate change and environmental justice impacts of the Project and will not take those actions under this award.

2. Supporting Narrative.

The Project is a planning project and incorporates consideration of climate change and environmental justice impacts that results in lower greenhouse gas emissions. The current inability to mitigate the two identified barriers creates environmental burdens on the community. The trail at full build out will provide active transportation options for residents to access schools, businesses, employment, and alternative public transportation, decreasing the total vehicle miles traveled and ultimately decreasing GHG emissions.

Trail design will fully consider climate resilience by maximizing shade for trail users, planting where feasible, and providing cooling amenities to reduce the heat island effect.

The overall design will respect the functional role of the San Antonio Creek as a stormwater facility and Chino Basin Water Conservation District’s goals of sustainable water resource stewardship. Other design considerations include minimizing impervious surfaces to maximize groundwater infiltration, installation of urban tree canopy, and connection and integration with the local habitat characteristics.

MONTCLAIR CITY COUNCIL MEETING – 01/21/2025 Page 70 of 103 Schedule I
Equity And Barriers To Opportunity

1. Efforts to Improve Equity and Reduce Barriers to Opportunity.

The Recipient states that rows marked with “X” in the following table are accurate :
x
The Project is a planning project and incorporates consideration of racial equity and barriers to opportunity. (Identify how the planning project incorporates consideration of racial equity and barriers to opportunity in the narrative below.)
A racial equity impact analysis has been completed for the Project. (Identify a report on that analysis or, if no report was produced, describe the analysis and its results in the supporting narrative below.)
The Recipient or a project partner has adopted an equity and inclusion program/plan, or has otherwise instituted equity-focused policies related to project procurement, material sourcing, construction, inspection, hiring, or other activities designed to ensure racial equity in the overall delivery and implementation of the Project. (Identify the relevant programs, plans, or policies in the supporting narrative below.)
x
The Project includes physical-barrier-mitigating land bridges, caps, lids, linear parks, and multimodal mobility investments that either redress past barriers to opportunity or that proactively create new connections and opportunities for underserved communities that are underserved by transportation. (Identify the relevant investments in the supporting narrative below.) The Project includes new or improved walking, biking, and rolling access for individuals with disabilities, especially access that reverses the disproportional impacts of crashes on people of color and mitigates neighborhood bifurcation. (Identify the new or improved access in the supporting narrative below.) The Project includes new or improved freight access to underserved communities to increase access to goods and job opportunities for those underserved communities. (Identify the new or improved access in the supporting narrative below.)
The Recipient has taken other actions related to the Project to improve racial equity and reduce barriers to opportunity. (Describe those actions in the supporting narrative below.)
The Recipient has not yet taken actions related to the Project to improve racial equity and reduce barriers to opportunity but, before beginning construction of the Project, will take relevant actions described in schedule B. (Identify the relevant actions from schedule B in the supporting narrative below.) The Recipient has not taken actions related to the Project to improve racial equity and reduce barriers to opportunity and will not take those actions under this award.

2. Supporting Narrative.

MONTCLAIR CITY COUNCIL MEETING – 01/21/2025 Page 71 of 103 The Project is a planning project and incorporates consideration of racial equity and barriers to opportunity. The completion of the design needed for pedestrian crossings at the two barriers is a critical step to providing a safer, fully continuous multi-use trail spanning the length of the City. Increased access and connectivity will support greater use of active transportation throughout the City, thus reducing harmful greenhouse gas emissions in neighborhoods already burdened with high levels of air pollution, alleviate local traffic congestion, and mitigate environmental impacts. Through the addition of safer crossings, the proposed Trail will increase equity and access to the historically disadvantaged and neglected communities of Montclair, potentially reducing bicycle/pedestrian incidents.

The Project includes physical-barrier-mitigating land bridges, caps, lids, linear parks, and multimodal mobility investments that either redress past barriers to opportunity or that proactively create new connections and opportunities for underserved communities that are underserved by transportation.

3. Community Engagement Activities.

The City will engage with critical stakeholders, including residents from Trammel Crow Residential, businesses, San Bernardino County Transportation Authority (SBCTA), Caltrans, Metrolink, and the Gold Line Construction Authority (GLCA). Two public outreach meetings will be coordinated for each site.

4. Activities to Safeguard Affordability.

N/A.

MONTCLAIR CITY COUNCIL MEETING – 01/21/2025 Page 72 of 103

SCHEDULE J

LABOR AND WORKFORCE

1. Efforts to Support Good-Paying Jobs and Strong Labor Standards The Recipient states that rows marked with “X” in the following table are accurate:

X
The Project is a planning project. (Identify in the narrative below the extent to which, if any, the planning project incorporates consideration of good-paying jobs and strong labor standards.)
The Recipient or a project partner has adopted the use of project labor agreements in the overall delivery and implementation of the Project. (Identify the relevant agreements and describe the scope of activities they cover in the supporting narrative below.)
The Recipient or a project partner has adopted the use of local and economic hiring preferences in the overall delivery and implementation of the Project, subject to all applicable State and local laws, policies, and procedures. (Describe the relevant provisions in the supporting narrative below.) The Recipient or a project partner has adopted the use of registered apprenticeships in the overall delivery and implementation of the Project. (Describe the use of registered apprenticeship in the supporting narrative below.)
The Recipient or a project partner will provide training and placement programs for underrepresented workers in the overall delivery and implementation of the Project. (Describe the training programs in the supporting narrative below.)
The Recipient or a project partner will support free and fair choice to join a union in the overall delivery and implementation of the Project by investing in workforce development services offered by labor-management training partnerships or setting expectations for contractors to develop labormanagement training programs. (Describe the workforce development services offered by labor-management training partnerships in the supporting narrative below.)
The Recipient or a project partner will provide supportive services and cash assistance to address systemic barriers to employment to be able to participate and thrive in training and employment, including childcare, emergency cash assistance for items such as tools, work clothing, application fees and other costs of apprenticeship or required pre-employment training, transportation and travel to training and work sites, and services aimed at helping to retain underrepresented groups like mentoring, support groups, and peer networking. (Describe the supportive services and/or cash assistance provided to trainees and employees in the supporting narrative below.)
The Recipient or a project partner has documented agreements or ordinances in place to hire from certain workforce programs that serve underrepresented groups. (Identify the relevant agreements and describe the scope of activities they cover in the supporting narrative below.)
MONTCLAIR CITY COUNCIL MEETING – 01/21/2025 Page 73 of 103 X
The Recipient or a project partner participates in a State/Regional/Local comprehensive plan to promote equal opportunity, including removing barriers to hire and preventing harassment on work sites, and that plan demonstrates action to create an inclusive environment with a commitment to equal opportunity, including:
a. affirmative efforts to remove barriers to equal employment opportunity above and beyond complying with Federal law; b. proactive partnerships with the U.S. Department of Labor’s Office of Federal Contract Compliance Programs to promote compliance with EO 11246 Equal Employment Opportunity requirements; c. no discriminatory use of criminal background screens and affirmative steps to recruit and include those with former justice involvement, in accordance with the Fair Chance Act and equal opportunity requirements;
d. efforts to prevent harassment based on race, color, religion, sex, sexual orientation, gender identity, and national origin; e. training on anti-harassment and third-party reporting procedures covering employees and contractors; and
f. maintaining robust anti-retaliation measures covering employees and contractors.
(Describe the equal opportunity plan in the supporting narrative below.) The Recipient has taken other actions related to the Project to create goodpaying jobs with the free and fair choice to join a union and incorporate strong labor standards. (Describe those actions in the supporting narrative below.) The Recipient has not yet taken actions related to the Project to create goodpaying jobs with the free and fair choice to join a union and incorporate strong labor standards but, before beginning construction of the Project, will take relevant actions described in schedule B. (Identify the relevant actions from schedule B in the supporting narrative below.)
The Recipient has not taken actions related to the Project to improving goodpaying jobs and strong labor standards and will not take those actions under this award.

2. Supporting Narrative.

The City follows a procurement process for hiring consulting firms which allows any company to submit a proposal for design services for this Project. City Staff will prepare a Request for Proposals (RFP) which may include a DBE percent goal. City Staff will then evaluate and rate proposals based on a merit criteria described in the RFP.

The City’s website contains a Business Resource section that provides information about various types of programs, services, training, workforce development, and other resources to promote strong labor standards including partnering with the U.S.

Department of Industrial Relations as well as the Employment Development Department.

MONTCLAIR CITY COUNCIL MEETING – 01/21/2025 Page 74 of 103 Additionally, the City enforces a Non-Discrimination Policy which states that “Pursuant to Section 51.55 of the Office of Revenue Sharing regulations, implementing Section 504 of the Rehabilitation Act of 1973, notification is hereby given that the City of Montclair does not discriminate on the basis of handicapped status in the admission of, access to, or treatment of employment in its programs or activities.

Furthermore, the Administrative Services Department conducts mandatory sexual harassment training for all City employees on a regular basis. Staff is required to obtain a certificate once the training is successfully completed.

MONTCLAIR CITY COUNCIL MEETING – 01/21/2025 Page 75 of 103

CITY COUNCIL

AGENDA REPORT
DATE: JANUARY 21, 2025
SECTION: CONSENT - RESOLUTIONS
ITEM NO.: 1
FILE I.D.: CFD050
DEPT.: ECONOMIC DEV.

PREPARER: M. FUENTES
SUBJECT: CONSIDER ACCEPTING A WRITTEN PETITION FROM CRP/VP MONTCLAIR, LLC,

OWNER OF THE VILLAGE AT MONTCLAIR, REQUESTING FORMATION OF A

COMMUNITY FACILITIES DISTRICT (CFD)
CONSIDER ADOPTION OF RESOLUTION NO. 25–3468 DECLARING THE CITY’S INTENT TO FORM CFD NO. 2025–1 (THE VILLAGE AT MONTCLAIR), SETTING A PUBLIC HEARING FOR THE ESTABLISHMENT OF CFD NO. 2025–1 ON MARCH 3, 2025, AT 7:00 P.M. IN THE CITY COUNCIL CHAMBERS, AND TAKING OTHER ACTIONS

RELATED THERETO
CONSIDER APPROVING THE BOUNDARY MAP OF PROPOSED CFD NO. 2025–1 REASON FOR CONSIDERATION: The amended North Montclair Downtown Specific Plan (NMDSP) contains a variety of public improvements, such as parks, public open space, median islands, parkways, and specialty street lighting. The City is responsible for seeing that these public improvements are built and maintained after construction.

It is beyond the capabilities of the City’s General Fund to finance these improvements and their future maintenance. The City Council has directed staff to finance maintenance of public improvements and a portion of the costs for public safety services related to development projects within the boundaries of the NMDSP area through Community Facilities Districts (CFD).

Proposed Resolution No. 25–3468 (the “Resolution of Intention”) is a notice of intent to form City of Montclair Community Facilities District No. 2025–1 (The Village at Montclair) (“CFD No. 2025–1”) for the Village at Montclair project. The resolution sets March 3, 2025 as the date for a public hearing to consider formation of the CFD.

As a matter of form, CRP/VP Montclair, LLC, owners of the Village at Montclair, have provided a written petition requesting the City Council initiate proceedings under the Mello–Roos Community Facilities Act of 1982 (the “Act”) to form CFD No. 2025–1 for certain public improvement maintenance activities and for public safety services.

A copy of the proposed Resolution of Intention is attached for City Council review and consideration.

BACKGROUND: The Village at Montclair project is the fifth residential development constructed within the boundaries of the NMDSP area. The project is developing certain public improvements which must be maintained by the City. In addition, this new development will generate calls for public safety services. As a method to secure revenue for the maintenance costs associated with the public improvements and public safety costs, it is recommended that the City Council approve the formation of CFD No. 2025–1 to cover the costs of providing the necessary public services within the boundaries of the project.

MONTCLAIR CITY COUNCIL MEETING – 01/21/2025 Page 76 of 103 Community Facilities Districts (CFD)
Rather than relying on general fund revenues, the Act was created to provide local governments with an alternate method of financing needed public improvements and community services. The Act supplies a local government agency with the ability to finance the construction of public improvements through bond indebtedness and also offers the ability to maintain improvements or charge for certain community services, including the costs to cover the increased demand on police and fire protection services.

A CFD is created by action of a local government agency and is established within defined property boundaries. A CFD cannot be formed without two–thirds majority vote of the qualified voters residing within the proposed boundaries. If there are fewer than 12 registered voters, the qualified voters are the current landowners and the vote is conducted among the current landowners. Often times, the CFD is approved by a single property owner. Once a CFD is approved, a special tax lien is placed against each property in the CFD. Property owners pay the special tax each year on their ad valorem property tax bill.

By law, a special tax imposed by a CFD cannot be based on the value of the property.

Special taxes are based on mathematical formulas that take into account property characteristics, such as use of property, square footage of structures, or lot size. The formula is defined at the time the CFD is formed and includes a maximum special tax amount and an annual percentage increase to keep pace with the inflation.

Resolution of Intention – Initiating Formation of CFD No. 2025–1 Adoption of the Resolution of Intention will begin procedures towards the formation of CFD No. 2025–1. The boundaries of the proposed CFD are shown on Attachment A to this staff report, and encompass the entirety of the Village at Montclair project. Proposed CFD No. 2025–1 would be used to pay the cost of the following services:
• Maintenance and lighting of parks, parkways, streets, roads, and open space within the CFD and the operation and maintenance of storm drain systems serving the property within the CFD boundaries.
• Police protection services, Fire protection suppression services, and emergency vehicle apparatus maintenance.

The proposed Resolution of Intention establishes the intention of the City Council to form CFD No. 2025–1 (The Village at Montclair), and schedules a public hearing on the establishment of CFD No. 2025–1 for March 3, 2025 at 7:00 p.m. in the City Council Chambers.

Exhibit A of the Resolution of Intention is a document entitled "Rate and Method of Apportionment for City of Montclair Community Facilities District No. 2025–1 (The Village at Montclair)." This document sets forth the maximum rates of special taxes that may be levied on parcels of property within the CFD and the method for apportioning or levying those special taxes.

The proposed Resolution of Intention contains provisions regarding the system of voting procedures that must be used to establish the CFD.

MONTCLAIR CITY COUNCIL MEETING – 01/21/2025 Page 77 of 103 FISCAL IMPACT: Adoption of Resolution No. 25–3468 will create a fiscal impact associated with the cost of staff time, City consultants, and publication costs related to publishing a legal advertisement setting the public hearing regarding the formation of CFD No. 2025–1. Administrative costs related to the formation of the CFD are the responsibility of the developer and are paid for directly by the developer through a reimbursement agreement between the City of Montclair and the developer.

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

1. Accept a written petition from CRP/VP Montclair, LLC, owner of the Village at Montclair, requesting the formation of a Community Facilities District (CFD);

2. Adopt Resolution No. 25–3468 declaring the city’s intent to form CFD No. 2025– 1 (The Village at Montclair), setting a public hearing for the establishment of CFD No. 2025–1 on March 3, 2025, at 7:00 p.m. in the City Council Chambers, and taking other actions related thereto; and

3. Approve the boundary map of proposed CFD No. 2025–1.

MONTCLAIR CITY COUNCIL MEETING – 01/21/2025 Page 78 of 103 $WWDFKPHQW
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MONTCLAIR CITY COUNCIL MEETING – 01/21/2025 Page 79 of 103 Resolution No. 25–3468 Page 1 of 4
RESOLUTION NO. 25–3468

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MONTCLAIR, CALIFORNIA, DECLARING ITS INTENTION

FOR THE ESTABLISHMENT OF PROPOSED MONTCLAIR
COMMUNITY FACILITIES DISTRICT NO. 2025–1 (THE

VILLAGE AT MONTCLAIR), AND TAKING OTHER ACTIONS

RELATED THERETO
WHEREAS, the City Council of the City of Montclair (the “City Council”) has received a written petition from the owner of certain real property within the City of Montclair (the “City”) requesting that the City Council initiate proceedings for the formation of a community facilities district pursuant to Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the “Mello–Roos Community Facilities Act of 1982,” (the “Act”) for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property, and agreeing to the annual levy of special taxes on said property sufficient to pay the costs of such services and costs incidental thereto; and
WHEREAS, Section 53313 of the Act provides that a community facilities district may be established to finance certain types of services, including but not limited to (a) police protection services; (b) maintenance and lighting of parks, parkways, streets, roads, and open space; (c) flood and storm protection services, including, but not limited to, the operation and maintenance of bio–retention basins and storm drainage systems; (d) maintenance and operation of any real property or other tangible property with an estimated useful life of five or more years that is owned by the City, (e) fire protection and suppression services, and (f) any other services authorized to be financed pursuant to the Act; and
WHEREAS, pursuant to Section 53320 of the California Government Code, the City Council is required upon receiving such a written petition to adopt a resolution of intention to establish a community facilities district.

NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF MONTCLAIR AS FOLLOWS:

Section 1. Recitals. The foregoing recitals are true and correct and are incorporated herein by this reference.

Section 2. Proposed District. A community facilities district is proposed to be established under the terms of Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code, as amended, commonly known as the “Mello–Roos Community Facilities Act of 1982.” The name proposed for the community facilities district is the “City of Montclair Community Facilities District No. 2025–1 (The Village at Montclair), County of San Bernardino, State of California.” Section 3. Description and Map of Boundaries. The boundaries of the territory proposed for inclusion in the proposed community facilities district are described and shown on the map entitled “Proposed Boundaries of City of Montclair Community Facilities District No. 2025–1 (The Village at Montclair), County of San Bernardino, State of California,” which is on file with the City Clerk. Said map is approved and, pursuant to Section 3110 of the California Streets and Highways Code, the City Clerk shall, after complying with the other requirements of Section 3111 of said Code, record the original of said map in her office, and not later than fifteen (15) days prior to the date of the public hearing set forth in Section 8 hereof shall file a copy of said boundary map with the County Recorder of the County of San Bernardino.

Section 4. Types of Services; Incidental Expenses. It is proposed that the proposed community facilities district shall provide and finance:
(a) Maintenance Services: (i) the maintenance and lighting of parks, parkways, streets, roads and open space, and (ii) flood and storm protection services, including but not limited to, the operation and maintenance of bio–retention basins and storm drainage systems; and
(b) Public Safety Services: (i) fire protection and suppression services, and (ii) police protection services; and
MONTCLAIR CITY COUNCIL MEETING – 01/21/2025 Page 80 of 103 Resolution No. 25–3468 Page 2 of 4
(c) Other Services: (i) maintenance and operation of any real property or other tangible property with an estimated useful life of five or more years that is owned by the City, and (ii) any other services authorized to be financed pursuant to the Act.

The proposed community facilities district shall also finance costs associated with the determination of the amount of and the levy and collection of special taxes which are levied to provide such services and costs otherwise incurred in order to carry out the authorized purposes of the community facilities district.

Section 5. Special Taxes. Except where funds are otherwise available, special taxes sufficient to pay the costs of the services provided for in Section 4 above and the annual administrative expenses of the City and the proposed community facilities district in determining, apportioning, levying and collecting such special taxes, shall be annually levied within the proposed community facilities district. Pursuant to Section 53340 of the California Government Code, the special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes. However, under no circumstances shall the special tax levied against any parcel subject to the levy of the special tax pursuant to the rates and method of apportionment be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within the community facilities district by more than ten (10) percent above the amount that would have been levied in that fiscal year had there never been any such delinquency or default. The rate and method of apportionment of said special taxes shall be as set forth in Exhibit “A” attached hereto and by this reference made a part hereof.

Section 6. Exempt Properties. Pursuant to Section 53340 of the California Government Code, properties of entities of the state, federal, and local governments shall be exempt from the levy of special taxes of the proposed community facilities district.

Section 7. Necessity. The City Council finds that the services described in Section 4 hereof are necessary to meet increased demands placed upon the City as a result of development occurring within the boundaries of the proposed community facilities district.

Section 8. Hearing on Formation. A public hearing on the formation of the proposed community facilities district shall be held at 7:00 p.m. on March 3, 2025, in the Council Chambers of the City Council located at 5111 Benito Street, Montclair, California 91763.

Section 9. Notice. The City Clerk shall publish a notice of the time and place of said hearing as required by Section 53322 of the California Government Code, and shall also give notice of the time and place of said hearing by first–class mail to each registered voter and to each landowner within the proposed community facilities district as prescribed by Section 53322.4 of said Code. Said notice shall be published at least seven (7) days and mailed at least fifteen (15) days before the date of the hearing, and shall contain the information required by said Section 53322.

Section 10. Report. The officers of the City who are responsible for providing the proposed types of services to be provided within and financed by the proposed community facilities district, if it is established, are hereby directed, pursuant to the requirements of Section 53321.5 of the California Government Code to study the proposed community facilities district and, at or before the time of said hearing, file or cause to be filed a report with the City Council containing a brief description of the services by type, which will in their opinion be required to adequately met the needs of the proposed community facilities district and an estimate of the fair and reasonable cost of providing those services and the incidental expenses to be incurred in connection therewith. All such reports shall be made a part of the record of the hearing to be held pursuant to Section 8 hereof.

Section 11. Annexation of Territory. Other property within the boundaries of the City may be annexed into the community facilities district upon the condition that parcels within that territory may be annexed only with the unanimous approval of the owner or owners of each parcel at the time that parcel or those parcels are annexed.

Section 12. Description of Voting Procedures. The voting procedures to be followed in conducting the special election on (i) the proposition with respect to the levy of special taxes on the land within the community facilities district to pay the costs of MONTCLAIR CITY COUNCIL MEETING – 01/21/2025 Page 81 of 103 Resolution No. 25–3468 Page 3 of 4
providing the services to be provided by the community facilities district, and (ii) the proposition with respect to the establishment of an appropriations limit for the community facilities district, if the community facilities district is established and such special election (the “Special Election”) is held, shall be as follows:
(a) If at least twelve (12) persons have been registered to vote within the territory of the proposed community facilities district for each of the ninety (90) days preceding the close of the public hearing, the vote in the Special Election shall be by the registered voters of the proposed community facilities district with each voter having one vote. In that event, the Special Election shall be conducted by the City Clerk, and shall be held on a date selected by the City Council in conformance with the provisions of Section 53326 of the California Government Code and pursuant to the provisions of the California Elections Code governing elections of cities, insofar as they may be applicable, and pursuant to said Section 53326 the ballots for the Special Election shall be distributed to the qualified electors of the community facilities district by mail with return postage prepaid or by personal service, and the Special Election shall be conducted as a mail ballot election pursuant to Division 4 (commencing with Section 4000) of the California Elections Code.
(b) If twelve (12) persons have not been registered to vote within the territory of the proposed community facilities district for each of the ninety (90) days preceding the close of the public hearing, and pursuant to Section 53326 of the California Government Code, the vote is therefore to be by the landowners of the proposed community facilities district, with each landowner of record at the close of the public hearing having one vote for each acre or portion of an acre of land that he or she owns within the proposed community facilities district, the Special Election shall be conducted by the City Clerk as follows:
(1) The Special Election shall be held on the earliest date, following the adoption by the City Council of the resolution of formation establishing the community facilities district pursuant to Section 53325.1 of said Code, and a resolution pursuant to Section 53326 of said Code submitting the propositions with respect to (i) the levy of special taxes to pay the costs of providing the services to be provided by the community facilities district, and (ii) establishing of an appropriations limit therefor to the qualified electors of the proposed community facilities district, upon which such elections can be held pursuant to said Section 53326 which may be selected by the City Council, or such earlier date as the owners of land within the proposed community facilities district and the City Clerk agree and concur is acceptable.
(2) Pursuant to said Section 53326, the Special Election may be held earlier than ninety (90) days following the close of the public hearing if the qualified electors of the community facilities district waive the time limits for conducting the election set forth in said Section 53326 by unanimous written consent and the City Clerk concurs in such earlier election date as shall be consented to by the qualified electors. (3) Pursuant to said Section 53326, ballots for the Special Election shall be distributed to the qualified electors by the City Clerk by mail with return postage prepaid, or by personal service.
(4) Pursuant to applicable sections of the California Elections Code governing the conduct of mail ballot elections of cities, and specifically Division 4 (commencing with Section 4000) of the California Elections Code with respect to elections conducted by mail, the City Clerk shall mail or deliver to each qualified elector an official ballot in a form specified by the City Council in the resolution calling the Special Election, and shall also mail or deliver to all such qualified electors a ballot pamphlet and instructions to voter, including a sample ballot identical in form to the official ballot but identified as a sample ballot, an impartial analysis by the City Attorney pursuant to Section 9280 of said Code with respect to the ballot propositions contained in the official ballot, arguments and rebuttals, if any, pursuant to Sections 9281 to 9287, inclusive, and 9295 of said Code, a return identification envelope with prepaid postage thereon addressed to the City Clerk for the return of voted official ballots, and a copy of the resolution of formation establishing the community facilities district, adopted by the City Council pursuant to Section 53325.1 of the California Government Code; provided, however, that such analysis and arguments may be waived with the unanimous consent of all the landowners.
(5) The official ballot to be mailed or delivered by the City Clerk to each landowner–voter shall have printed or typed thereon the name of the landowner–voter and the number of votes to be voted by the landowner–voter and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify MONTCLAIR CITY COUNCIL MEETING – 01/21/2025 Page 82 of 103 Resolution No. 25–3468 Page 4 of 4
that the person signing the certification is the person who voted the official ballot, and if the landowner–voter is other than a natural person, that he or she is an officer of or other person affiliated with the landowner–voter entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner– voter, that in voting such official ballot it was his or her intent, as well as the intent of the landowner–voter, to vote all votes to which the landowner–voter is entitled based on its land ownership on the propositions set forth in the official ballot as marked thereon in the voting square opposite each such proposition, and further certifying as to the acreage of the landowner–voter’s land ownership within the community facilities district. (6) The return identification envelope delivered by the City Clerk to each landowner–voter shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the date of signing and place of execution of said declaration, and (vi) a notice that the envelope contains an official ballot and is to be opened only by the City Clerk. (7) The instructions to voter form to be mailed or delivered by the City Clerk to the landowner–voters shall inform them that the official ballots shall be returned to the City Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted by 5:00 p.m. on the date of the election. (8) Upon receipt of the return identification envelopes which are returned prior to the voting deadline on the date of the election, the City Clerk shall canvass the votes cast in the Special Election, and shall file a statement with the City Council as to the results of such canvass and the election on each proposition set forth in the official ballot.

The procedures set forth in this section for conducting the Special Election, if they are held, may be modified as the City Council may determine to be necessary or desirable by a resolution subsequently adopted by the City Council.

Section 13. Severability. If any provision, section, paragraph, sentence, or word of this Resolution is rendered or declared invalid by any court of competent jurisdiction, or by reason of preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this Resolution shall remain in full force and effect.

Section 14. Effective Date. This Resolution shall become effective immediately upon its adoption.

APPROVED AND ADOPTED this XX day of XX, 2025.

Mayor
ATTEST:

City Clerk
I, Andrea M. Myrick, City Clerk of the City of Montclair, DO HEREBY CERTIFY that Resolution No. 25–3468 was duly adopted by the Montclair City Council at a regular meeting thereof held on the XX day of XX, 2025, 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 – 01/21/2025 Page 83 of 103 RESOLUTION NO. 25-3468

EXHIBIT A
City of Montclair
CFD No. 2025-1 (The Village at Montclair) Page 1 of 7

RATE AND METHOD OF APPORTIONMENT FOR

CITY OF MONTCLAIR
COMMUNITY FACILITIES DISTRICT NO. 2025-1
(THE VILLAGE AT MONTCLAIR)
A Special Tax As hereinafter defined shall be levied on all Assessor’s Parcels in the City of Montclair Community Facilities District No. 2025-1 (The Village at Montclair) ("CFD No. 2025-1") and collected each Fiscal Year commencing in Fiscal Year 2025-2026, in an amount determined by the CFD Administrator, according to the method of apportionment set forth herein. All of the real property in CFD No. 2025-1, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. All Special Taxes collected hereunder shall only be used for the Special Tax A Requirement or Special Tax B Requirement, as hereinafter defined, and for no other purpose.

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the actual or reasonably estimated costs directly related to the formation and administration of CFD No. 2025-1 including, but not limited to: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the County or otherwise); the costs to the City, CFD No. 2025-1 or any designee thereof of complying with City or CFD No. 2025-1 disclosure requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2025-1 or any designee thereof related to an appeal of the Special Tax; and the City’s annual administration fees and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2025-1 for any other administrative purposes of CFD No. 2025-1, including attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. "Assessor’s Parcel" means any real property to which an Assessor’s parcel number is assigned as shown on an Assessor’s Parcel Map.
"Assessor’s Parcel Map" means an official map of the County Assessor of the County designating parcels by Assessor’s parcel number.

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"Authorized Maintenance Services" means the (i) maintenance and lighting of parks, parkways, streets, roads, and open space, (ii) the operation and maintenance of bioretention basins and storm drainage systems, and (iii) any other services authorized to be financed pursuant to the Act.
"Authorized Public Safety Services" means (i) fire protection and suppression services , (ii) police protection services and (iii) any other services authorized to be financed pursuant to the Act.
"Building Square Foot" or "Building Square Footage" means the total usable square footage of the individual units located in the building(s) on an Assessor’s Parcel (i.e., should not include common areassuch as hallways, elevators, community rooms, lobbies, etc. or outdoor areas including overhangs, porches, patios, carports, or similar spaces attached to the building but generally open on at least two sides), as determined by reference to the Building Permit(s) issued for that Assessor’s Parcel, applicable site plan, or if these are not available, as otherwise determined by the CFD Administrator. "CFD Administrator" means the official of the City, or designee thereof, responsible for determining the Special Tax A Requirement and Special Tax B Requirement and providing for the levy and collection of the Special Taxes.
"CFD No. 2025-1" means the City of Montclair Community Facilities District No. 2025-1 (The Village at Montclair).
"City" means the City of Montclair.
"Consumer Price Index" means the Consumer Price Index published by the U.S. Bureau of Labor Statistics for "All Urban Consumers" in the Los Angeles – Long Beach - Anaheim Area, measured as of the month of December in the calendar year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Consumer Price Index shall be another index as determined by the CFD Administrator that is reasonably comparable to the Consumer Price Index for the Los Angeles – Long Beach - Anaheim Area.
"Council" means the City Council of the City, acting as the legislative body of CFD No. 2025-1.
"County" means the County of San Bernardino.
"Developed Property" means, for each Fiscal Year, all Taxable Property for which a building permit for new construction was issued prior to January 1 of the previous Fiscal Year (i.e., a building permit for new construction issued prior to January 1, 2024 would be considered Developed Property beginning in Fiscal Year 2025-2026).

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“Exempt Welfare Exemption Property” means, for each Fiscal Year, an Assessor’s Parcel that is (a) receiving a welfare exemption under subdivision (g) of Section 214 of the California Revenue and Taxation Code (or any successor statute), as indicated in the County’s assessor’s roll finalized as of January 1 of the previous Fiscal Year, and (b) exempt from the Special Tax pursuant to Section 53340(c) of the Act. "Fiscal Year" means the period starting July 1 and ending on the following June 30. "Maximum Annual Special Tax" means the Maximum Annual Special Tax A and/or Maximum Annual Special Tax B, as applicable.
"Maximum Annual Special Tax A" means the Maximum Annual Special Tax A, determined in accordance with Section C.1 below, that can be levied in any Fiscal Year on any Assessor’s Parcel of Developed Property within CFD No. 2025-1. "Maximum Annual Special Tax B" means the Maximum Annual Special Tax B, determined in accordance with Section C.1 below, that can be levied in any Fiscal Year on any Assessor’s Parcel of Developed Property within CFD No. 2025-1. "Property Owner Association Property" means, for each Fiscal Year, any property within the boundaries of CFD No. 2025-1 that was owned by a property owner association, including any master or sub-association, as of January 1 of the prior Fiscal Year. "Proportionately" means, for Developed Property, that the ratio of the actual Special Tax A levy to the Maximum Annual Special Tax A is equal for all Assessor’s Parcels of Developed Property and that the ratio of the actual Special Tax B levy to the Maximum Annual Special Tax B is equal for all Assessor’s Parcels of Developed Property, except to the extent that the Special Tax levy on Developed Property is limited as described in Section D below.
"Public Property" means, for each Fiscal Year, (i) any property within the boundaries of CFD No. 2025-1 that was owned by or irrevocably offered for dedication to the federal government, the State, the City or any other public agency as of January 1 of the previous Fiscal Year; provided however that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified in accordance with its use; and (ii) any property within the boundaries of CFD No. 2025-1 that was encumbered, as of January 1 of the previous Fiscal Year, by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement.
"Special Tax" means the Special Tax A and/or Special Tax B, as applicable.

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"Special Tax A" means the annual special tax to be levied in each Fiscal Year on each Assessor's Parcel of Developed Property to fund the Special Tax A Requirement. "Special Tax B" means the annual special tax to be levied in each Fiscal Year on each Assessor's Parcel of Developed Property to fund the Special Tax B Requirement. "Special Tax A Requirement" means that amount required in any Fiscal Year for CFD No. 2025-1 to: (i) pay for Authorized Maintenance Services; (ii) pay a share of Administrative Expenses as determined by the CFD Administrator; (iii) pay for reasonably anticipated Special Tax A delinquencies based upon the historical delinquency rate for CFD No. 2025- 1; less (iv) a credit for funds available to reduce the annual Special Tax A levy, as determined by the CFD Administrator.
"Special Tax B Requirement" means that amount required in any Fiscal Year for CFD No. 2025-1 to: (i) pay for Authorized Public Safety Services; (ii) pay a share of Administrative Expenses as determined by the CFD Administrator; (iii) pay for reasonably anticipated Special Tax B delinquencies based upon the historical delinquency rate for CFD No. 2025- 1; less (iv) a credit for funds available to reduce the annual Special Tax B levy, as determined by the CFD Administrator.
"State" means the State of California.
"Taxable Property" means all of the Assessor’s Parcels within the boundaries of CFD No. 2025-1 which are not exempt from the Special Tax pursuant to law or Section E below. "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property.

B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, all Taxable Property within CFD No. 2025-1 shall be classified as Developed Property or Undeveloped Property and shall be subject to Special Taxes in accordance with the rate and method of apportionment determined pursuant to Sections C and D below.

The Maximum Annual Special Tax for Developed Property shall be based on the Building Square Footage of the unit(s) located on the Assessor's Parcel.

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C. MAXIMUM ANNUAL SPECIAL TAX

1. Developed Property
The Fiscal Year 2025-2026 Maximum Annual Special Tax is shown below in Table 1.

Table 1
Maximum Annual Special Tax for Developed Property
Fiscal Year 2025-2026
Maximum Special Tax A
Fiscal Year 2025-2026
Maximum Special Tax B
$0.2371
per Building Square Foot
$0.3133
per Building Square Foot
On each July 1, commencing on July 1, 2026, the Maximum Annual Special Tax A and Maximum Annual Special Tax B shall be increased by the greater of (i) the percentage increase in the Consumer Price Index or (ii) the actual costs of Authorized Maintenance Services and Authorized Public Safety Services with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent (2%) per Fiscal Year.

2. Undeveloped Property
Neither the Special Tax A nor the Special Tax B shall be levied on Undeveloped Property.

D. APPORTIONMENT OF THE SPECIAL TAX

1. SPECIAL TAX A
Commencing with Fiscal Year 2025-2026 and for each following Fiscal Year, the Council shall levy the Special Tax A so that the amount of the Special Tax A equals the lesser of the Special Tax A Requirement or the Maximum Annual Special Tax A.

The Special Tax A shall be levied Proportionately on each Assessor’s Parcel of Developed Property at up to 100% of the applicable Maximum Annual Special Tax A.

To the extent that the Special Tax A Requirement is greater than the aggregate Maximum Annual Special Tax A, the Special Tax A collected shall first be allocated to pay Administrative Expenses not funded through the Special Tax B Requirement and then to pay for Authorized Maintenance Services.

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2. SPECIAL TAX B
Commencing with Fiscal Year 2025-2026 and for each following Fiscal Year, the Council shall levy the Special Tax B so that the amount of the Special Tax B equals the lesser of the Special Tax B Requirement or the Maximum Annual Special Tax B.

The Special Tax B shall be levied Proportionately on each Assessor’s Parcel of Developed Property at up to 100% of the applicable Maximum Annual Special Tax B.

To the extent that the Special Tax B Requirement is greater than the aggregate Maximum Annual Special Tax B, the Special Tax B collected shall first be allocated to pay Administrative Expenses not funded through the Special Tax A Requirement and then to pay for Authorized Public Safety Services.

Notwithstanding the above, pursuant to Section 53321(d)(3) of the California Government Code, under no circumstances shall the Special Tax levied in any Fiscal Year against any Assessor’s Parcel in CFD No. 2025-1 for which an occupancy permit for private residential use has been issued be increased as a consequence of delinquency or default by the owner or owners of any other Assessor’s Parcel(s) within CFD No. 2025-1 by more than 10% above the amount that would have been levied in that Fiscal Year had there never been any such delinquencies or defaults. To the extent that the levy of the Special Tax on Assessor’s Parcels of residential property is limited by the provision in the previous sentence, the levy of the Special Tax on all of the Assessor’s Parcels of non-residential property within CFD No. 2025-1 shall continue to increase in equal percentages at up to 100% of the Maximum Special Tax.

E. EXEMPTIONS
Neither the Special Tax A nor the Special Tax B shall be levied on Property Owner Association Property, Public Property, or Exempt Welfare Exemption Property. However, should an Assessor’s Parcel no longer be classified as Property Owner Association Property, Public Property, or Exempt Welfare Exemption Property, its tax-exempt status will be revoked.

F. APPEALS AND INTERPRETATIONS
Any landowner or resident may file a written appeal of the Special Tax on his/her property with the CFD Administrator, provided that the appellant is current in his/her payments of Special Taxes. During the pendency of an appeal, all Special Taxes must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the CFD Administrator agrees MONTCLAIR CITY COUNCIL MEETING – 01/21/2025 Page 89 of 103 City of Montclair
CFD No. 2025-1 (The Village at Montclair) Page 7 of 7
with the appellant, the CFD Administrator shall eliminate or reduce the Special Tax on the appellant’s property and/or provide a refund to the appellant. If the CFD Administrator disagrees with the appellant and the appellant is dissatisfied with the determination, the appellant then has 30 days in which to appeal to the Council by filing a written notice of appeal with the City Clerk, provided that the appellant is current in his/her payments of Special Taxes. The second appeal must specify the reasons for its disagreement with the CFD Administrator’s determination.

Interpretations may be made by the Council by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this Rate and Method of Apportionment.

G. MANNER OF COLLECTION
The Special Tax will be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD No. 2025-1 may directly bill the Special Tax, may collect the Special Tax At a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor’s Parcels as permitted by the Act.

H. TERM OF SPECIAL TAX
The Special Tax A shall be levied as long as necessary to meet the Special Tax A Requirement. The Special Tax B shall be levied as long as necessary to meet the Special Tax B Requirement.

MONTCLAIR CITY COUNCIL MEETING – 01/21/2025 Page 90 of 103 Personnel Committee Minutes – December 16, 2024 Page 1 of 1

MINUTES OF THE MEETING OF THE MONTCLAIR

PERSONNEL COMMITTEE HELD ON MONDAY,
DECEMBER 16, 2024, AT 5:28 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 5:28 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 2, 2024.

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 2, 2024.

IV. PUBLIC COMMENT – None
V. CLOSED SESSION
At 5:29 p.m., the Personnel Committee went into Closed Session regarding personnel matters related to appointments, resignations/ terminations, and evaluations of employee performance.

At 5:56 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 5:56 p.m., Mayor Pro Tem Johnson adjourned the Personnel Committee.

Submitted for Personnel Committee approval,
Edward C. Starr
City Manager
MONTCLAIR CITY COUNCIL MEETING – 01/21/2025 Page 91 of 103

PENDING

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 2, 2024, 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
Chaplain Dianna Delgado, Chaplain of the Streets gave the invocation.

III. PLEDGE OF ALLEGIANCE
Mayor Pro Tem/Vice Chair Johnson 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 Community Development Diaz; Director of Finance Kulbeck; Director of Public Works/City Engineer Heredia; Police Chief Reed; Fire Chief Pohl; City Attorney Robbins; City Clerk Myrick
V. PRESENTATIONS
A. Introduction of New Fire Department Employees and Promotees Fire Chief Pohl announced the recent promotions of Fire Battalion Chief Stanley Boehm and Fire Captain Michael Sanchez, and introduced recently hired Firefighter/Paramedics Candance Jones and Ricardo Flores.

VI. PUBLIC COMMENT
 Cassaundra Bustamente, Main Event, announced the venue’s grand opening event on January 22, at 10:00 a.m.

VII. PUBLIC HEARINGS
A. Consider Approval of Projects and Prioritization of Funding for the Fiscal Year 2025–26 Community Development Block Grant Program (CDBG)
Mayor Dutrey opened the public hearing and invited comments from the public. There being no one in the audience wishing to speak, Mayor Dutrey closed the public hearing and returned the matter to the City Council for consideration
ACTION – Public Hearings – Item A
ACTING: City Council
MOTION: Approve the following projects and prioritization of funding for the Fiscal Year 2025–26 Community Development Block Grant Program:

Code Enforcement Program $ 50,000
Renovations to Reeder Ranch 161,188
Graffiti Abatement 27,769
Senior Transportation Services
(Golden Express Transportation) 9,500
TOTAL $ 248,457
MONTCLAIR CITY COUNCIL MEETING – 01/21/2025 Page 92 of 103

PENDING

SECOND BY:

Mayor Pro Tem Johnson
Council Member Lopez
AYES:

NOES:

ABSTAIN:

ABSENT:

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

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

The meeting was reconvened at 7:46 p.m., with all Council Members present.

B. Consider Adoption of Resolution No. 24–3463(1) Certifying the Final Environmental Impact Report (Sch#2020110481) for the Montclair 2020 General Plan Update and Arrow Highway Mixed–Use District Specific Plan; (2) Making Environmental Findings Pursuant to the California Environmental Quality Act (CEQA); (3) Adopting a Statement of Overriding Considerations; (4) Adopting a Mitigation Monitoring and Reporting Program, and (5) Approving the Project Consisting of an Updated General Plan and Housing Element, a Climate Action Plan, the Montclair Corridors Code, and the Arrow Highway Mixed–Use District Specific Plan
Consider Adoption of Resolution No. 24–3461 Adopting the 2020 City of Montclair General Plan, its Mandatory and Optional Elements, and a General Plan Land Use Map
Consider Adoption of Resolution No. 24–3462 Adopting the Montclair Climate Action Plan
Consider Adoption of Resolution No. 24–3461 Adopting the 2020 City of Montclair General Plan, its Mandatory and Optional Elements, and a General Plan Land Use Map
First Reading – Consider Ordinance No. 24–1009 Repealing the North Montclair Specific Plan and Adopting the Arrow Highway Mixed–Use Specific Plan (2024–55)
First Reading – Consider Ordinance No. 24–1010 Adopting the Montclair Corridors Code, Amending Portions of Title 11 (Zoning and Development) of the Montclair Municipal Code; Repealing the Holt Boulevard Specific Plan and the Montclair Parkway Place Specific Plan; and Updating the Official Zoning Map of the City of Montclair
Consider Setting a Public Hearing to Conduct Second Readings and to Consider Adoption of Ordinance Nos. 24–1009 and 24– 1010 on Monday, December 16, 2024, at 7:00 p.m. in the City Council Chambers
Mayor Dutrey announced this as the time and place set for a public hearing on the above listed matters and requested a staff presentation prior to the acceptance of public comments and consideration by the City Council.

Community Development Director Diaz provided an overview of the history, efforts, and actions taken in preparation of the 2020 General Plan Update (GPU), which began in 2018. He also discussed the mandated elements required by state law.

Kaizer Rangwala, President, Rangwala Associates, summarized the public participation efforts throughout the process of developing the GPU and the contents of each chapter of the document.

Greg Martine, Planner, Rincon Consultants, discussed the Environmental Impact Report (EIR) and CEQA analysis for the GPU.

Kaiser Rangwala reviewed the proposed Arrow Highway Mixed–Use District Specific Plan (AHMUD Specific Plan) and Corridors Code, and MONTCLAIR CITY COUNCIL MEETING – 01/21/2025 Page 93 of 103

PENDING

Erika Linard, Project Manager, Rincon Consultants, discussed the proposed Climate Action Plan and its relation to the GPU.

Council Member Lopez requested clarification on the project alternatives in the Environmental Impact Report, questioning why the “no project” alternative provides fewer new units.

Special Counsel Alisha Winterswyk of Best Best & Krieger indicated that the City is required to evaluate alternatives to mitigate the substantial environmental impacts identified in the EIR. She noted that a "no project" alternative suggests that fewer new units would be built under the current more restrictive zoning regulations.

Council Member Ruh questioned the four percent waste reduction goal in the Climate Action Plan, and how the City could reduce water consumption.

Erika Linard suggested that the City’s contracted waste hauler could be assigned the responsibility of diverting waste from landfills. She also noted that water consumption could be reduced through policies that promote drought-tolerant landscapes and water–efficient appliances.

At 9:03 p.m., Mayor Dutrey called for a brief recess.

The meeting was reconvened at 9:08 p.m., with all Council Members present.

City Attorney Robbins advised that, pursuant to the Political Reform Act, certain members of the City Council must recuse themselves from the discussion and consideration of specific segments of the aforementioned items due to disqualifying financial conflicts of interest related to real property. She clarified that a disqualifying financial interest in real property includes ownership or an interest in any property located within 1,000 feet of the plan areas or their segments.

Additionally, she advised that if a quorum of members without conflicts for a particular segment of an item is not present, those with conflicts will draw straws to determine who can be requalified, thereby ensuring a quorum for participation in discussions and votes on each item or segment thereof.

She advised that staff has divided the matters into segmented discussions to facilitate the disqualification, requalification, discussion, and voting process.

Consider Adoption of Resolution No. 24–3463 (1) Certifying the Final Environmental Impact Report (Sch#2020110481) for the Montclair 2020 General Plan Update and Arrow Highway Mixed–Use District Specific Plan; (2) Making Environmental Findings Pursuant to the California Environmental Quality Act (CEQA); (3) Adopting a Statement of Overriding Considerations; (4) Adopting a Mitigation Monitoring and Reporting Program, and (5) Approving the Project Consisting of an Updated General Plan and Housing Element, a Climate Action Plan, the Montclair Corridors Code, and the Arrow Highway Mixed–Use District Specific Plan
City Attorney Robbins advised the City Council will consider two preliminary actions on certain aspects of proposed Resolution No. 24–3463 for which conflicts of interest exist.

Preliminary Action 1 of Resolution No. 24–3463: Consider the Proposed Changes to the Land Use and Official Zoning Maps Within the 2020 General Plan Update and Related Components of the EIR
The following disqualifying conflicts of interest were disclosed related to proposed changes to the Land Use and Official Zoning Maps within the 2020 General Plan Update and related components of the EIR:

1. Mayor Dutrey: proximity of his mother’s commercial property.

2. Mayor Pro Tem Johnson: proximity of her personal residence.

MONTCLAIR CITY COUNCIL MEETING – 01/21/2025 Page 94 of 103

PENDING

3. Council Member Lopez: proximity of his personal residence, which is owned by his parents.

4. Council Member Ruh: proximity of his personal residence.

The four disqualified participants drew straws to establish a quorum, resulting in the requalification of Mayor Dutrey and Mayor Pro Tem Johnson to participate in the discussion and vote related to the proposed changes to the Land Use and Official Zoning Maps within the 2020 General Plan Update and related components of the EIR.

At 9:13 p.m., Council Members Lopez and Ruh were recused from the meeting.

Mayor Dutrey invited comments from the public related to Preliminary Action 1 of Resolution No. 24–3463. There being no one in the audience wishing to speak, Mayor Dutrey closed the public hearing on Preliminary Action 1 of Resolution No. 24–3463 and returned the matter to the City Council for consideration.

PRELIMINARY ACTION 1 – Resolution No. 24–3463
ACTING: City Council
MOTION: Approve the proposed changes to the Land Use and Official Zoning Maps within the 2020 General Plan
Update and related components of the Environmental
Impact Report.

MADE BY:

SECOND BY:

Mayor Dutrey
Mayor Pro Tem Johnson
AYES:

NOES:

ABSTAIN:

ABSENT:

Martinez, Johnson, Dutrey
None
None
Lopez, Ruh
RESULT: Motion carried 3–0–2 (Lopez and Ruh absent via recusal).

At 9:17 p.m., Council Members Lopez and Ruh returned to the meeting.

Preliminary Action 2 of Resolution No. 24–3463: Consider the Housing Element, Housing Opportunity Sites 9 and 10, and Related Components of the EIR
Council Member Ruh disclosed a disqualifying conflict of interest related to the Housing Element and Housing Opportunity Sites 9 and 10, due to the proximity of his personal residence.

At 9:19 p.m., Council Member Ruh recused himself from the meeting.

Sarah Walker, Project Manager, Nation CORE, reviewed the proposed Housing Element update, discussed Housing Opportunity Sites, and advised of the required evaluation by the California Department of Housing and Community Development to ensure compliance with state housing mandates.

Mayor Dutrey invited comments from the public related to Preliminary Action 2 of Resolution No. 24–3463. There being no one in the audience wishing to speak, Mayor Dutrey closed the public hearing on Preliminary Action 2 of Resolution No. 24–3463 and returned the matter to the City Council for consideration.

Council Member Lopez noted an error in the Housing Element: the word Perris needs to be replaced with Montclair.

PRELIMINARY ACTION 2 – Resolution No. 24–3463
ACTING: City Council
MOTION: Approve the Housing Element, Housing Opportunity Sites 9 and 10, and related components of the
Environmental Impact Report.

MADE BY: Mayor Dutrey
MONTCLAIR CITY COUNCIL MEETING – 01/21/2025 Page 95 of 103

PENDING

NOES:

ABSTAIN:

ABSENT:

Lopez, Martinez, Johnson, Dutrey
None
None
Ruh
RESULT: Motion carried 4–0–1 (Ruh absent via recusal).

At 9:27 p.m., Council Member Ruh returned to the meeting.

City Attorney Robbins advised the entire City Council may now participate in the discussion and vote on Resolution No. 24–3463.

Mayor Dutrey invited comments from the public related to Resolution No. 24–3463. There being no one in the audience wishing to speak, Mayor Dutrey closed the public hearing on Resolution No. 24–3463 and returned the matter to the City Council for consideration.

ACTION – Public Hearing – Item B – Resolution No. 24–3463 ACTING: City Council
MOTION: Adopt Resolution No. 24–3463 (1) Certifying the Final Environmental Impact Report (Sch#2020110481) for
the Montclair 2020 General Plan Update and Arrow
Highway Mixed–Use District Specific Plan; (2) Making
Environmental Findings Pursuant to the California
Environmental Quality Act; (3) Adopting a Statement of
Overriding Considerations; (4) Adopting a Mitigation
Monitoring and Reporting Program, and (5) Approving
the Project Consisting of an Updated General Plan and
Housing Element, a Climate Action Plan, the Montclair
Corridors Code, and the Arrow Highway Mixed–Use
District Specific Plan.

MADE BY:

SECOND BY:

Mayor Dutrey
Council Member Lopez
AYES:

NOES:

ABSTAIN:

ABSENT:

Lopez, Martinez, Johnson, Dutrey
Ruh
None
None
RESULT: Motion carried 4–1 (Ruh opposed).

Consider Adoption of Resolution No. 24–3461 Adopting the 2020 City of Montclair General Plan, its Mandatory and Optional Elements, and a General Plan Land Use Map
City Attorney Robbins advised the entire City Council may participate in the discussion and vote on this item.

Mayor Dutrey invited comments from the public related to Resolution No. 24–3461. There being no one in the audience wishing to speak, Mayor Dutrey closed the public hearing on Resolution No. 24–3461 and returned the matter to the City Council for consideration.

Council Member Lopez pointed out that the General Plan document titled “Montclair, A Plan,” was not revised based on concerns he raised during the presentation of the draft General Plan Update document on October 3, 2024. He emphasized his opposition language on page 133 that supports the restriction of unhealthy food establishments and requested A5.1a and A5.1b be removed entirely.

Council Member Ruh noted mandating healthy food establishments would contribute to gentrification and price out low–income families.

Kaizer Rangwala advised the General Plan serves as guidance for the City Council, and does not implement regulations. He emphasized that focus groups with residents and stakeholders in the community MONTCLAIR CITY COUNCIL MEETING – 01/21/2025 Page 96 of 103

PENDING

Mayor Dutrey stated if there is no opposition from the City Council, he will make a motion to adopt the General Plan with the removal of A5.1a and A5.1b.

ACTION – Public Hearing – Item B (Resolution No. 24–3461) ACTING: City Council
MOTION: Remove A5.1a and A5.1b from General Plan; and adopt Resolution No. 24–3461 Adopting the 2020 City of
Montclair General Plan, as amended, its Mandatory and
Optional Elements, and a General Plan Land Use Map.

MADE BY:

SECOND BY:

Mayor Dutrey
Council Member Lopez
AYES:

NOES:

ABSTAIN:

ABSENT:

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

Consider Adoption of Resolution No. 24–3462 Adopting the Montclair Climate Action Plan
City Attorney Robbins advised the entire City Council may participate in the discussion and vote on this item.

Mayor Dutrey invited comments from the public related to Resolution No. 24–3462. There being no one in the audience wishing to speak, Mayor Dutrey closed the public hearing on Resolution No. 24–3462 and returned the matter to the City Council for consideration.

Council Member Ruh opposed the proposed Climate Action Plan because it does not do enough to address water conservation.

ACTION – Public Hearing – Item B – Resolution No. 24–3462 ACTING: City Council
MOTION: Adopt Resolution No. 24–3462 Adopting the Montclair Climate Action Plan.

MADE BY:

SECOND BY:

Mayor Dutrey
Mayor Pro Tem Johnson
AYES:

NOES:

ABSTAIN:

ABSENT:

Martinez, Johnson, Dutrey
Lopez, Ruh
None
None
RESULT: Motion carried 3–2 (Lopez and Ruh opposed).

First Reading — Consider Ordinance No. 24–1009 Repealing the North Montclair Specific Plan and Adopting the Arrow Highway Mixed–Use Specific Plan (2024–55)
Council Member Ruh disclosed a disqualifying conflict of interest related to the proposed Arrow Highway Mixed–Use District Specific Plan due to the proximity of his personal residence to plan area.

At 9:45 p.m., Council Member Ruh recused himself from the meeting.

Mayor Dutrey invited comments from the public related to Ordinance No. 24–1009. There being no one in the audience wishing to speak, Mayor Dutrey closed the public hearing on Ordinance No. 24–1009 and returned the matter to the City Council for consideration.

MONTCLAIR CITY COUNCIL MEETING – 01/21/2025 Page 97 of 103

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes — December 2, 2024 Page 7 of 12 ACTION – Public Hearing – Item B – Ordinance No. 24–1009 ACTING: City Council
MOTION: Conduct First Reading of Ordinance No. 24–1009 Repealing the North Montclair Specific Plan and Adopting the Arrow Highway Mixed–Use Specific Plan (2024–55).

MADE BY:

SECOND BY:

Mayor Dutrey
Council Member Lopez
AYES:

NOES:

ABSTAIN:

ABSENT:

Lopez, Martinez, Johnson, Dutrey
None
None
Ruh
RESULT: Motion carried 4–0–1 (Ruh absent via recusal).

At 9:47 p.m., Council Member Ruh returned.

First Reading — Consider Ordinance No. 24–1010 Adopting the Montclair Corridors Code, Amending Portions of Title 11 (Zoning and Development) of the Montclair Municipal Code; Repealing the Holt Boulevard Specific Plan and the Montclair Parkway Place Specific Plan; and Updating the Official Zoning Map of the City of Montclair
City Attorney Robbins advised the City Council will consider two preliminary actions on two segments of the proposed Montclair Corridors Code for which conflicts of interest exist prior to the City Council’s consideration of Ordinance No. 24–1010.

Preliminary Action 1 of Ordinance No. 24–1010: Consider Approval of the Main Corridors Code Segment
The following disqualifying conflicts of interest were disclosed related to the Main Corridors Code segment:

1. Mayor Pro Tem Johnson: proximity of her personal residence.

2. Council Member Lopez: proximity of his personal residence, which is owned by his parents.

3. Council Member Ruh: proximity of his personal residence.

The three disqualified participants drew straws to establish a quorum, resulting in the requalification of Mayor Pro Tem Johnson to participate in the discussion and vote related to the Main Corridors Code segment.

At 9:49 p.m., Council Members Lopez and Ruh were recused from the meeting.

Mayor Dutrey invited comments from the public related to Preliminary Action 1 of Ordinance No. 24–1010. There being no one in the audience wishing to speak, Mayor Dutrey closed the public hearing on Preliminary Action 1 of Ordinance No. 24–1010 and returned the matter to the City Council for consideration.

PRELIMINARY ACTION – Ordinance No. 24–1010
ACTING: City Council
MOTION: Approve Main Corridors Code Segment.

MADE BY:

SECOND BY:

Mayor Dutrey
Council Member Martinez
AYES:

NOES:

ABSTAIN:

ABSENT:

Martinez, Johnson, Dutrey
None
None
Lopez, Ruh
RESULT: Motion carried 3–0–2 (Lopez and Ruh absent via recusal).

MONTCLAIR CITY COUNCIL MEETING – 01/21/2025 Page 98 of 103

PENDING

Preliminary Action 2 of Ordinance No. 24–1010: Consider Approval of the Holt Boulevard Corridors Code Segment
Mayor Dutrey disclosed a disqualifying conflict of interest related to the Holt Boulevard Corridors Code Segment due to the proximity of his mother’s commercial property.

At 9:51 p.m., Mayor Dutrey left the meeting.

Mayor Pro Tem Johnson invited comments from the public related to Preliminary Action 2 of Ordinance No. 24–1010. There being no one in the audience wishing to speak, Mayor Pro Tem Johnson closed the public hearing on Preliminary Action 2 of Ordinance No. 24–1010 and returned the matter to the City Council for consideration.

PRELIMINARY ACTION 2 – Ordinance No. 24–1010
ACTING: City Council
MOTION: Approve Holt Boulevard Corridors Code Segment.

MADE BY:

SECOND BY:

Council Member Lopez
Council Member Martinez
AYES:

NOES:

ABSTAIN:

ABSENT:

Lopez, Martinez, Johnson
Ruh
None
Dutrey
RESULT: Motion carried 3–1–1 (Ruh opposed, Dutrey absent via recusal).

At 9:53 p.m., Mayor Dutrey returned.

City Attorney Robbins advised the entire City Council may now participate in the discussion and vote on the first reading of Ordinance No. 24–1010.

Mayor Dutrey invited comments from the public related to Ordinance No. 24–1010. There being no one in the audience wishing to speak, Mayor Dutrey closed the public hearing on Ordinance No. 24–1010 and returned the matter to the City Council for consideration.

ACTION – Public Hearing – Item B – Ordinance No. 24–1010 ACTING: City Council
MOTION: Conduct First Reading of Ordinance No. 24–1010
Adopting the Montclair Corridors Code, Amending
Portions of Title 11 (Zoning and Development) of the
Montclair Municipal Code; Repealing the Holt
Boulevard Specific Plan and the Montclair Parkway
Place Specific Plan; and Updating the Official Zoning
Map of the City of Montclair.

MADE BY:

SECOND BY:

Mayor Dutrey
Mayor Pro Tem Johnson
AYES:

NOES:

ABSTAIN:

ABSENT:

Martinez, Johnson, Dutrey
Lopez, Ruh
None
None
RESULT: Motion carried 3–2 (Lopez and Ruh opposed).

MONTCLAIR CITY COUNCIL MEETING – 01/21/2025 Page 99 of 103

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes — December 2, 2024 Page 9 of 12 Consider Setting a Public Hearing to Conduct Second Readings and to Consider Adoption of Ordinance Nos. 24–1009 and 24– 1010 on Monday, December 16, 2024, at 7:00 p.m. in the City Council Chambers
ACTION – Public Hearing – Item B – Set Public Hearing
ACTING: City Council
MOTION: Set a Public Hearing to Conduct Second Readings and to Consider Adoption of Ordinance Nos. 24–1009 and
24– 1010 on Monday, December 16, 2024, at 7:00
p.m. in the City Council Chambers
MADE BY:

SECOND BY:

Mayor Dutrey
Mayor Pro Tem Johnson
AYES:

NOES:

ABSTAIN:

ABSENT:

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

VIII. CONSENT CALENDAR
ACTION – Consent Calendar
ACTING: City Council
Successor Agency Board
Montclair Housing Corporation Board
Montclair Housing Authority Commissioners
Montclair Community Foundation Board
MOTION: Approve the Consent Calendar as presented.

MADE BY:

SECOND BY:

Council Member/Director Lopez
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 4, 2024
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.

2. Adjourned Meeting – November 18, 2024
ACTION – Consent Calendar – Item A–2
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

MONTCLAIR CITY COUNCIL MEETING – 01/21/2025 Page 100 of 103

PENDING

3. Regular Joint Meeting – November 18, 2024
ACTION – Consent Calendar – Item A–3
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 Approval of Warrant Register and Payroll
Documentation
ACTION – Consent Calendar – Item B–1
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

2. Consider Review and Acceptance of the Montclair Housing Authority Annual Report for Fiscal Year 2023–24
ACTION – Consent Calendar – Item B–2
ACTING: Montclair Housing Authority Commissioners
RESULT: Approved on Consent Calendar; motion carried 5–0.

3. Consider Approval of the Montclair Housing Authority Annual Report Pursuant to Section 3416.1(F) of the Health and Safety Code (SB 341) for Fiscal Year 2023-24
ACTION – Consent Calendar – Item B–3
ACTING: City Council
Montclair Housing Authority Commissioners
RESULT: Approved on Consent Calendar; motion carried 5–0.

C. Agreements

1. Consider Approval of Agreement No. 24–90 with San
Bernardino County to Provide Funding from the County’s
District–Specific Priorities Program for the City’s Acquisition of an Emergency Vehicle Fire Apparatus, Subject to Any
Revisions Deemed Necessary by the City Attorney
Consider Authorizing City Manager Edward C. Starr to Sign Agreement No. 24–90 and Related Documents
ACTION – Consent Calendar – Item C–1
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

2. Consider Approval of Agreement No. 24–91 with Foothill Gold Line Construction Authority for the City to Reimburse the Authority for Expenditures Related to Work Completed by Jacobs Engineering Group, Inc. on the Environmental
Review for a Proposed Reduction in Parking for the
Montclair Transit Center and a Proposed Pedestrian Bridge Alignment with the Planned Monte Vista Avenue Light Rail Bridge Crossing, Subject to Any Revision Deemed Necessary by the City Attorney
MONTCLAIR CITY COUNCIL MEETING – 01/21/2025 Page 101 of 103

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes — December 2, 2024 Page 11 of 12 Consider Authorizing City Manager Edward C. Starr to Sign Agreement No. 24–91 and Related Documents
Consider Allocating up to $130,041.09 in Funds from the 2021 Issue of Lease Revenue Bonds for Reimbursement to
the Authority Related to Agreement No. 24–91
ACTION – Consent Calendar – Item C–2
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

D. Resolutions

1. Consider Adoption of Resolution No. 24–3464 Adopting the City’s Conflict of Interest Code, as Amended, Pursuant to the Political Reform Act
ACTION – Consent Calendar – Item D–1
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

IX. COMMUNICATIONS
A. Department Reports

1. Human Services Department — Upcoming Activities
Assistant City Manager/Director of Human Services Richter announced upcoming deadlines to submit applications for the Holiday Home Decoration Contest and donations to the Holiday Toy and Food Basket Program, and noted Police
and Fire personnel will be at Costco on December 6th and 13th from 10:00 a.m. to 2:00 p.m. collecting donations.

She invited the community to the Holly Jolly Holiday event on Thursday, December 5th from 6:00 p.m. – 8:30 p.m. at the Montclair Youth Center, and announced that Mr. and
Mrs. Santa Claus will be dashing through Montclair on
December 7th to greet residents and spread holiday cheer.

B. City Attorney

1. Request for City Council to Meet in Closed Session
Pursuant to Government Code Section 54956.9(d)(1)
Regarding Pending Litigation:

Conley v. Montclair

2. Request for City Council to Meet in Closed Session
Pursuant to Government Code §54957.6 Regarding
Conference with Designated Labor Negotiator Edward
C. Starr
Agency: City of Montclair
Employee Management Employees
Associations: Montclair City Confidential Employees Association General Employees – Teamsters Local 1932
Montclair Fire Fighters Association
Montclair Police Officers Association
C. City Manager/Executive Director — None
D. Mayor/Chair

1. Notice of Cancellation of January 6, 2025 Regular Joint Meeting Mayor/Chair Dutrey announced the cancellation of the
January 6, 2025 regular joint meeting.

MONTCLAIR CITY COUNCIL MEETING – 01/21/2025 Page 102 of 103

PENDING

2. Mayor/Chair Dutrey acknowledged the passing of former Chino Mayor Dennis Yates and requested the meeting be closed in his memory; and thanked Supervisor Hagman’s office for the grant to acquire an emergency vehicle fire apparatus for the Fire Department.

E. Council Members/Directors

1. Council Member/Director Lopez relayed resident requests for additional flashing stop signs and requested information on the City’s selection process for alleyways eligible for rehabilitating.

Director of Public Worked Heredia advised that the City is seeking grants to place additional flashing stop signs in the near future, and that alleyways are prioritized based on several factors including their condition and the number of affected users.

2. Council Member/Director Ruh expressed his belief that the results of the General Municipal Election should not necessitate certification by the City Council prior to the swearing–in of newly elected and re–elected Council Members.

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

1. Personnel Committee — November 18, 2024
XI. CLOSED SESSION
At 10:18 p.m., the City Council went into closed session to discuss pending litigation and labor negotiations.

XII. CLOSED SESSION ANNOUNCEMENTS
At 10:43 p.m., the City Council returned from closed session. Mayor Dutrey announced that the City Council discussed pending litigation and real property negotiations; information was received and direction given to staff; and no further announcements would be made at this time.

X. ADJOURNMENT
At 10:43 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 former City of Chino Mayor Dennis Yates.

MONTCLAIR CITY COUNCIL MEETING – 01/21/2025 Page 103 of 103

CITY OF MONTCLAIR

TREASURER'S REPORT

FOR THE MONTH ENDING
December 31, 2024

TABLE OF CONTENTS
SCHEDULE 1
STATEMENTS OF COMPLIANCE WITH INVESTMENT POLICY AND INVESTMENT STRATEGY FOR December 31, 2024 SCHEDULE 2

STATEMENT OF CASH AND INVESTMENTS BY FUND
SCHEDULE 3

STATEMENT OF CASH AND INVESTMENT ACCOUNTS
GRAPH

CASH AND INVESTMENTS BY TYPE

COMPLIANCE STATEMENT

CITY OF MONTCLAIR

STATEMENTS OF COMPLIANCE WITH THE INVESTMENT POLICY

AND INVESTMENT STRATEGY
December 31, 2024
The City has the following amount invested in various financial instruments. This conforms with the investment policy approved by the City Council.

Total Investments $51,093,140
During the current month the City was in compliance with the internal control procedures set forth in the Investment Policy.

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

SCHEDULE2

CITY OF MONTCLAIR

STATEMENT OF CASH AND INVESTMENTS BY FUND
AS OF December 31, 2024
Beginning lnterfund Ending
Fund Balance Receiets Disbursements Transfers Balance
General Fund $ (11,886,657.17) $ 3,357,587.11 $ 3,121,168.80 $ 241,123.32 $ (11,409,115.54) (1) Gas Tax Fund 130,178.31 99,347.55 134,779.96 94,745.90 (2) Road Maintenance - Section 2032 2,680,989.51 75,441.07 7,799.90 2,748,630.68 Measure I Fund 7,663,109.69 81,674.11 7,744,783.80
Traffic Safety 222,354.23 53,955.50 276,309.73
Disability Access Fund - Bus. License 64,693.70 512.00 65,205.70 Park Maintenance (18,797.99) 3,465.60 3,846.04 (19,178.43) Park Development 1,543,307.06 1,543,307.06
CDBG 319.30 4,271.64 (3,952.34) (2)
SB2 Planning Grant
Air Quality Improvement Trust 66,123.80 12,652.56 78,776.36 Senior Nutrition Program 12,015.67 2,224.53 18,596.79 (4,356.59) (2) Arnelican Resue Plan
Forfeiture Fund - State 110,936.50 110,936.50
Proposition 30/SB 109 52,307.67 4,786.95 47,520.72
SB 509 Public Safety (56,660.00) 51,244.00 32,187.87 (37,603.87) Forfeiture Fund-Federal/DOJ 420,945.15 29,714.60 26,203.69 424,456.06 Asset Seizure Fund 5.43 0.18 5.61
Section 11489 Subfund 23,215.48 48.12 23,263.60
Fed Asset Forfeiture-Treasury 136,591.17 136,591.17
School District Grant Fund 106,572.00 106,572.00
State Supplemental Law Enforce 254,184.85 254,184.85
Local Law Enforcement Block Gr 18.67 18.67
PC 1202.5 Clime Prevention 2,638.21 0.02 2,638.23
Recycling Grant Fund 175,363.52 1,723.33 173,640.19
Statewide Park Dev Grant 1,462,098.68 (1,462,098.68)
Homeless Housing Assist Preven 59,650.31 59,650.31 (2)
LEAP Grant 4,723.75 4,723.75 (2)
Department of Cannabis Control 102,675.00 1,067.50 101,607.50 After School Program Fund (152,248.11) 298,189.50 149,837.30 (3,895.91) (2) City of Hope 1,285.59 1,285.59
Safety Dept. Grants (7,281.37) 19,874.32 (27,155.69) (2) OSMD Immunization Grant 1,370.50 1,370.50
Kaiser Permanente Grant (932.98) 509.76 (1,442.74)
Resource Center Grant - OMSD 16,886.82 121.63 16,765.19 Tifle IIIB Sr Support Services 1,092.01 2,467.85 (1,375.84) (2) Healthy Community Strategic Plan 1,108.51 65.91 1,042.60 ASES Supplemental Grant 48,439.00 48,439.00
E.M.S. - Paramedic Fund (1,028.61) 3,908.36 1,918.98 960.77 (3) Economic Development (617,240.38) 5,689,265.18 5,072,024.80 City Contributions/Donations Fund 1,700.00 1,700.00
Sewer Operating Fund 1,676,446.42 456,534.60 183,272.72 (149,450.82) 1,800,257.48 Sewer Replacement Fund 2,955,064.61 2,955,064.61
CFO 2011-1 (Paseos) 175,902.05 93,547.10 283.04 (73,804.50) 195,361.61 CFO 2011-2 (Arrow Station) 131,460.30 22,614.51 (17,868.00) 136,206.81 Inland Empire Utility Agency 7,669,641.26 148,753.46 7,818,394.72 Sewer Expansion Fee Fund 1,277,278.92 15,365.12 1,292,644.04 Developer Impact Fees - Local 1,703,303.63 1,703,303.63 Developer Impact Fees - Regional 784,929.96 784,929.96
Burrtec Pavement Impact Fees 400,007.26 400,007.26
PUC Reimbursement Fund-MVGS 158,473.00 158,473.00
Utility Underground In-Lieu 383,396.52 383,396.52
General Plan Update Fee 117,266.25 200.68 117,466.93
Housing Fund 1,572,108.20 1,572,108.20
Public Education/Govt. PEG Fee Fund 164,111.38 164,111.38 Infrastructure Fund (5,729,447.89) 397,437.80 1,462,098.68 (4,664,787.01) (4) COVID-19
Successor Agency Bonds-Taxable 5,184,719.38 5,184,719.38 Successor Agency Bonds-Tax Exempt 8,305,135.93 34,321.00 8,270,814.93 2021 Lease Revenue Bond Proceeds (4,529,523.59) 5,003,443.09 (9,532,966.68) 2014 Lease Revenue Bond Debt Svc (1,224,839.31) 256,838.78 (968,000.53) (5) 2021 Lease Revenue Bond Debt Svc 1,678,997.59 1,678,997.59 Pension Obligation Bond Debt Svc 2,650,237.48 1,042,426.92 3,692,664.40 Contingency Fund 0.96 0.96 (1)
Assigned General Fund Reserves 34,961,330.62 292.50 3,629.30 34,957,993.82 (1) TOTALS $ 63,092,054.41 $ 11,795,803.66 $ 9,153,615.17 .$ ... $ 65,7:31,242.90 Negative Cash Notes follow this presentation.

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

CITY OF MONTCLAIR

STATEMENT OF CASH AND INVESTMENT ACCOUNTS
AS OF December 31, 2024
Par Value

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

Maturity
Date
Coupon
Interest
Rate

4.400%
Current
Market
Value
48,148,634.87
2,000,000.00
$50,148,634.87
$
Balance
at Cost
49,093,139.75
2,000,000.00
SCHEDULE 3
Totals
$ 14,638,628.89
$ 2,474.26
$51,093,139.75
$
$65,734,242.90

CITY OF MONTCLAIR

CASH AND INVESTMENTS BY TYPE
December 31, 2024
Total Cash & Investments $65,734,243
■ Investments

3.04%

74.69%
D Checking

22.27%

CITY OF MONTCLAIR AS SUCCESSOR TO

THEREDEVELOPMENTAGENCY

TREASURER'S REPORT

FOR THE MONTH ENDING
December 31, 2024

CITY OF MONTCLAIR AS SUCCESSOR TO

THE REDEVELOPMENT AGENCY

STATEMENT OF CASH BY FUND
December 31, 2024

COMBINED OPERATING FUND
Operating 7,102.80 $ 7,102.80
LRPRP Fund
Operating 0.00 $ 0.00
RORF 2,293,744.86
RORF Area I 0.00
RORF Area II 0.00
RORF Area Ill 0.00
RORF Area IV 0.00
RORF Area V 0.00 RORF Area VI 0.00 $ 2,293,744.86
TOTAL CASH $ 2,300,847.66

CITY OF MONTCLAIR AS SUCCESSOR TO

THE REDEVELOPMENT AGENCY

STATEMENT OF CASH
December 31, 2024
Checking Account
US Bank 2,300,847.66
TOTAL CASH 2,300,847.66
NOTE:

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

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

CITY OF MONTCLAIR AS SUCCESSOR TO

THEREDEVELOPMENTAGENCY

WARRANT REGISTER

FOR THE MONTH ENDING
December 31, 2024
City of Montclair
Final Warrant Register
Council Date 01/21/2025
Regular Warrants
Checking Account: Successor to the RDA
SRDA Combined Operating Fund
RORF
(Redevelopment Obligation
Retirement Funds)
Note: Reimburse City for 12/05 payrolls
Reimburse City for 12/19 payrolls
Vice Chair Martinez
Warrants

0.00 0.00
US Bank
transfers
6,200.96

0.00 0.00 6,200.96
Area Totals
6,200.96

0.00 December 31, 2024 Total 6,200.96
Book Transfer Daily Activity Detail

CITY OF MONTCLAIR
SinglePoint
Reported Activity From 12/01/2024 To 12/31/2024 Printed on 01/13/2025 at 2:05 PM PST Effective Date Amount From: Debit Account Number To: Credit Account Number Status 12/19/2024
Debit Account Name Debit Account Type
Credit Account Name Credit Account Type
Template Name
Memo
Initiate Date
Initiate Time Initiated By
Completed Date Completed Time
$2279.26 153499275813

CITY OF MONTCLAIR SUCCESSOR AGENCY
DDA

CITY OF MONTCLAIR GENERAL ACCOUNT
DDA Reimb City for 12/19/2024 Payroll
12/19/2024 10:10AM CDT

JKULBECK
12/19/2024 10:10AM CDT
153499275805 Completed
Effective Date Amount From: Debit Account Number To: Credit Account Number Status 12/05/2024
Debit Account Name Debit Account Type
Credit Account Name
Credit Account Type
Template Name
Memo
Initiate Date
Initiate Time
Initiated By
Completed Date Completed Time
Total Number of Book Transfers:

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

Page 1 of 1 ends

$3921.70 153499275813

CITY OF MONTCLAIR SUCCESSOR AGENCY
DDA

CITY OF MONTCLAIR GENERAL ACCOUNT
DDA Reimb City for 12/05/24 Payroll
12/05/2024 10:03AM CDT

JKULBECK
12/05/2024
10:03AM CDT
2 $6,200.96
153499275805 Completed
Printed on 01/13/2025 at 2:05 PM PST

CITY OF MONTCLAIR

HOUSING CORPORATION

TREASURER'S REPORT

FOR THE MONTH ENDING
December 31, 2024

TABLE OF CONTENTS
SCHEDULE 1 - STATEMENT OF CASH AND INVESTMENTS

CASH AND INVESTMENTS GRAPH
Checking Account
US Bank
Investments
LAIF

CITY OF MONTCLAIR

HOUSING CORPORATION

STATEMENT OF CASH AND INVESTMENTS
December 31, 2024
Interest
Rate

4.40%
Market
Value
769,248.32

TOTAL CASH & INVESTMENTS
NOTE:

Schedule 1
Book
Value
352,319.68
767,666.10
1,119,985.78
Pursuant to the Corporation's Investment Policy, all moneys are invested in banks, the Local Agency Investment Fund, and in securities with maturities of no greater than three years.

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

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

CITY OF MONTCLAIR

HOUSING CORPORATION

CASH AND INVESTMENTS GRAPH
December 31, 2024
Total Cash & Investments - $1,119,986
Checking Acct

31.5%
Local Agency Investment
Fund

68.5%

CITY OF MONTCLAIR

HOUSING CORPORATION

WARRANT REGISTER

FOR THE MONTH ENDING
December 31, 2024
ACH
Warrants Transfers
117,625.10 0.00
December 31, 2024 Total
US Bank transfers:

Vice Chair Martinez
City of Montclair
Final Warrant Register
Council Date 01/21/2024
Regular Warrants
Checking Account: MHC
Voided
Checks

0.00 US Bank
transfers

0.00 Totals
117,625.10 117,625.10
Accounts Payable
Checks by Date - Summary by Check Number
User: cramirez
Printed: 1/9/2025 4:15 PM

MONTCLAIR
Check No Vendor No Vendor Name Check Date Check Amount
5769 Arti005 Artie Plumbing And Drain Cleaning 12/05/2024 5,440.00 5771 Front002 Frontier 12/05/2024 361.98 5773 Mont074 Monte Vista Water District 12/05/2024 2,605.47 5774 Dina00l Dina Contractor Services 12/12/2024 23,999.50 5775 HernG00l Gabriel Hernandez 12/12/2024 68,438.00 5776 Arti005 Artie Plumbing And Drain Cleaning 12/19/2024 2,405.00 5777 Mont002 City of Montclair 12/19/2024 12,112.68
5778 SCE-Res Southern California Edison Co 12/19/2024 318.86 5779 Sout018 Southern California Edison Co 12/19/2024 818.07 5780 Sout021 Southern California Gas Co 12/19/2024 1,125.54 Report Total (10 checks): 117,625.10
AP Checks by Date - Summary by Check Number (1/9/2025 4: 15 PM) Page I

CITY OF MONTCLAIR

HOUSING AUTHORITY

TREASURER'S REPORT

FOR THE MONTH ENDING
December 31, 2024
Checking Account
US Bank
Investments
LAIF

TOTAL CASH & INVESTMENTS
NOTE:

CITY OF MONTCLAIR

HOUSING AUTHORITY

STATEMENT OF CASH
December 31, 2024
Interest
Rate

4.40%
Market
Value
3,235,200.25
Schedule 1
Book
Value
4,223.99
3,228,545.96
3,232,769.95
Pursuant to the Authority's Investment Policy, all moneys are invested in banks, the Local Agency Investment Fund, and in securities with maturities of no greater than three years.

During the upcoming month, surplus moneys will be invested in the Local Agency Investment Fund.

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

CITY OF MONTCLAIR

HOUSING AUTHORITY

WARRANT REGISTER

FOR THE MONTH ENDING
December 31, 2024
Warrants
City of Montclair
Final Warrant Register
Council Date 01/21/2025
Regular Warrants
Checking Account: MHA
Voided US Bank
Checks transfers - out.

0.00 0.00 0.00
December 2024 Total
Vice Chair Martinez
Totals

0.00 0.00
DRAFT

DRAFT LETTER OF OPPOSITION
SCAQMD PROPOSED AMENDED RULES 1111 AND 1121
Date
Hon. Vanessa Delgado, Chair
South Coast Air Quality Management District Governing Board 21865 Copley Dr.

Diamond Bar, CA 91765
Dear Chair Delgado and Governing Board members -
The City of XXXXX has just recently been made aware of two proposed rules being advanced by SCAQMD staff for consideration by your Governing Board. On behalf of our city’s residents, business owners, organizations and city employees, we are conveying our opposition to Proposed Amended Rules 1111 and 1121 and urge you to defer consideration of these rules to allow SCAQMD Governing Board members and staff to receive additional information, data, input and dialogue from the numerous stakeholders potentially impacted by this proposed rule.

We have significant concerns regarding the scale of the mechanical, electrical, plumbing and other requirements necessary to comply with retrofits of existing commercial buildings, single family homes and multifamily residential properties, as well as the dramatic cost implications to thousands of families who call XXXX home.

We believe it is highly likely that if Rules 1111 and 1121 are adopted by the Governing Board, the high costs of compliance will force the owners of older multifamily properties to sell or redevelop their properties, subsequently resulting in a dramatic reduction in the availability of affordable housing in our city and across the region.

Our City Council shares your commitment clean air and water and other quality of life benefits that draw and retain the residents and business owners who live here. However, the current versions of PAR 1111 and 1121 will deliver consequences that will lead to a variety of negative impacts, impacting jobs and increasing the cost of living in our region.

We urge the SCAQMD Governing Board to delay consideration/adoption of PAR 1111/1121 to allow District staff to better inform the millions of Southern California residents of these proposed rules and to address the many unanswered questions regarding cost, technology, and the availability of potential incentives.

Sincerely,
DRAFT
OPPOSITION TO SCAQMD RULES 1111 AND 1121

DRAFT MOTION
WHEREAS: The South Coast Air Quality District (SCAQMD) is a regional air pollution control agency representing Los Angeles, Orange, Riverside and San Bernardino counties with responsibility for regulating stationary sources of air pollution; WHEREAS: The SCAQMD is considering two rules that would have a significant impact on up to 17 million South Coast homeowners, renters and businesses: Rule 1111 would regulate air emissions from gas-powered central furnaces; and Rule 1121 would regulate air emissions from residential-type, natural gas-powered water heaters; WHEREAS: Rules 1111 and 1121 would impose $20-plus billion in costs to consumers while providing minimal measurable air quality benefits for the four-county SCAQMD service area;
WHEREAS: These two rules would ban the use of natural gas-powered furnaces and water heaters in new construction, taking effect in 2026, further elevating construction costs and housing prices, thereby putting homeownership even further out of reach for many Southern Californians. These rules would phase out existing natural gas furnaces and water heaters in existing single family homes, multi-family housing, and businesses in 2027;
WHEREAS: Housing affordability throughout California is and will remain a top public policy priority for (CITY) for the foreseeable future. Local governments are being pressured to build more housing – specifically, housing that people can afford. Any regulations that increase these costs deserve careful scrutiny to ensure that the increased costs are met with an equal or greater amount of benefit to the consumer; WHEREAS: Unlike most SCAQMD rules that regulate large stationary sources of air pollution like oil refineries and warehouses, Rules 1111 and 1121 specifically target individual homeowners, apartment buildings, and businesses large and small – meaning that the costs of these two rules will be directly borne by hard-working families and business owners;
WHEREAS: Rules 1111 and 1121 would require apartment owners, homeowners and businesses to invest not only in expensive all-electric furnaces and water heaters but would also necessitate that they retrofit homes and businesses with expensive electrical panel upgrades, extensive new plumbing, and physical renovations to accommodate compliant units – further raising the cost of new housing and likely pricing many potential homeowners and renters out of an already expensive market.

WHEREAS: For apartment owners, the mandate to replace natural gas water heaters and furnaces with all-electric units is incredibly expensive. These significant costs will be DRAFT
passed down to tenants – leading to rent increases and placing additional financial pressure on renters in a region already struggling with housing affordability.

WHEREAS: The SCAQMD’s water heater and furnace mandates will impose a significant increase in electricity demand on California’s electric grid. Transitioning to allelectric water heaters and furnaces means increased demand on an electric grid that has not proven capable of consistently meeting existing demand. Water heaters and furnaces are essential elements in any house, apartment or business. Millions of new electric water heaters and furnaces would draw power from the grid and raise the risk of power brownouts or outages.

BE IT THEREFORE RESOLVED,

1. Rules 1111 and 1121, if adopted, will produce minimal air quality benefits for the region, while imposing significant costs on millions of Southern California homeowners, renters and businesses who are already struggling to make ends meet.

2. The City of (NAME) opposes Proposed Amended Rules 1111 and 1121 and urges the SCAQMD to indefinitely delay or cease consideration of these two anticonsumer regulations immediately.

City Council Committees* Member Member
Public Works Martinez
Personnel Ruh
Real Estate (Proposal to change name to Economic Development) Dutrey Martinez Code Enforcement/Public Safety Ruh
Legislative/Intergovernmental Ruh Dutrey
Human Services Ruh Martinez
Tri–City Gold Line (?) Dutrey Ruh
City Council Liaisons Member Member
Chamber of Commerce Martinez
Community Activities Commission/ CAC Interview Panel Ruh Martinez Planning Commission/ PC Interview Panel Dutrey
Interagency Committees Member Alternate
Gold Line Phase II Joint Powers Authority Board Ruh
Omnitrans Dutrey
San Bernardino County Transportation Authority (SBCTA) Dutrey IEUA Regional Sewerage Program Policy Committee Dutrey Martinez External Organizations Member Alternate
City Selection Committee (San Bernardino County) Dutrey Appointee League of California Cities – Inland Empire Division Ruh League of California Cities – State Ruh Martinez
National League of Cities Ruh
So. Cal. Assoc. of Governments – General Assembly Dutrey Ruh West Valley Mosquito and Vector Control District
(Montclair Resident Appointee)
Carolyn Raft
(Exp. Jan 2028) None
External Committees Member Alternate
SBCTA Metro Valley Study Session Dutrey
SBC Mayors and City Managers Task Force Dutrey Starr (staff) SBC Solid Waste Advisory Task Force (SWAT) Kulbeck (staff) *The Mayor or another Council Member designated by the Mayor may attend Committee meetings in the absence of an assigned committee member.

Revised 01.21.2025

MONTCLAIR CITY COUNCIL

COMMITTEE/LIAISON ASSIGNMENTS

CURRENT ASSIGNMENTS

Montclair City CouncilJanuary 21, 2025

Montclair City Council
January 21, 2025