Agenda packet — Montclair City Council, June 16, 2025 (part 1 of 3)

CITY OF MONTCLAIR

CITY COUNCIL

SUCCESSOR REDEVELOPMENT AGENCY,

MONTCLAIR HOUSING CORPORATION, MONTCLAIR

HOUSING AUTHORITY, AND MONTCLAIR COMMUNITY

FOUNDATION MEETINGS

AGENDA PACKET
Monday, June 16, 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
Monday, June 16, 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 Police and Community Development Department Employees 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.

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MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 1 of 348 Page No.

VII. PUBLIC HEARINGS Page No.

A. Consider Adoption of Resolution No. 25–3480 Establishing Community Facilities District (CFD) No. 2025–2 (Alexan Kendry Expansion) and the Boundaries Thereof [CC]
Consider Adoption of Resolution No. 25–3481 Calling a Special Election and Submitting to the Voters of CFD No. 2025–2 (Alexan Kendry Expansion) a Proposition for the Annual Levy of Special Taxes within Said CFD to Pay the Costs of Certain Services to be Provided by the CFD and Establishing an Appropriations Limit for Said CFD [CC]
Consider Adoption of Resolution No. 25–3482 Declaring the Results of the Special Election for CFD No. 2025–2 (Alexan Kendry Expansion) for the Propositions Concerning (I) the Annual Levy of Special Taxes to Pay the Costs of Certain Services to be Provided by the CFD, and (II) Establishing an Appropriations Limit [CC]
First Reading – Consider Ordinance No. 25–1012 Authorizing the Levy of a Special Tax for CFD No. 2025–2 (Alexan Kendry Expansion) [CC] Consider Setting a Public Hearing to Conduct Second Reading and to Consider Adoption of Ordinance No. 25–1012 on Monday, July 21, 2025, at 7:00 p.m. in the City Council Chambers [CC] 7
B. Consider Receiving and Filing the City of Montclair Report on Vacancies for FY 2024–25 in Compliance with AB 2561[CC] 39
VIII. CONSENT CALENDAR
A. Approval of Minutes

1. Adjourned Meeting — May 5, 2025 [CC] 340

2. Regular Joint Meeting — May 5, 2025 [CC/SA/MHC/MHA/MCF] 342

3. Regular Joint Meeting — June 2, 2025 [CC/SA/MHC/MHA/MCF] 348 B. Administrative Reports

1. Consider Receiving and Filing of Treasurer’s Reports [CC] 44

2. Consider Approval of Warrant Registers & Payroll Documentation [CC] 45

3. Consider Receiving and Filing of Treasurer’s Reports [SA] 46

4. Consider Approval of Warrant Registers [SA] 47

5. Consider Receiving and Filing of Treasurer’s Reports [MHC] 48

6. Consider Approval of Warrant Registers [MHC] 49

7. Consider Receiving and Filing of Treasurer’s Reports [MHA] 50

8. Consider Approval of Warrant Registers [MHA] 51

9. Consider Authorizing the Admission of the City of Chino Hills as a Member Agency of the Animal Resource Center of the Inland Empire Joint Powers Authority [CC] 52
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 2 of 348 Page No.

10. Consider Acceptance of Grant Deed No. 1690 for Real Property Acquisition from Montclair Station Apartments, LLC, to allow for the Construction of the Gold Line Light Rail System (APN 1007–722–03), Subject to Any Revisions Deemed Necessary by the City Attorney [CC] Consider Authorizing Staff to Record Grant Deed No. 1690 with the Office of the San Bernardino County Recorder [CC] 55
C. Agreements

1. Consider Approval of Agreement No. 25–20 with Rincon Consultants, Inc. to Provide General Geographic Information System Services on an As– Needed Basis, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] 59

2. Consider Approval of Agreement No. 25–21–I–114, an Irrevocable Annexation Agreement with SPSSM Investments–IX LP for 11115 Central Avenue, Ontario, CA 91762 (APN 1011–501–07–0000), Subject to Any Revisions Deemed Necessary by the City Attorney (Case No. 2025–13) [CC] 77

3. Consider Approval of Agreement No. 25–22 with Ontario–Montclair School District to Support the Montclair After–School Summer Program at Two School Sites, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] 83

4. Consider Approval of Agreement No. 25–23 with all City Management Services, Inc. to Provide School Crossing Guard Services for Fiscal Year 2025–26, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] 104

5. Consider Approval of Agreement No. 25–24, Amendment No. 1 to Agreement No. 15–31 with HdL Coren & Cone for Property Tax Consulting and Auditing Services, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] 112

6. Consider Approval of Agreement No. 25–25 with Chaffey Joint Union High School District for Specialized Law Enforcement Services During Fiscal Year 2025–26, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] 121

7. Consider Approval of Agreement No. 25–26 with Ontario–Montclair School District for Specialized Law Enforcement Services During Fiscal Year 2025–26, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] 126

8. Consider Approval of Agreement No. 25–27 with Consolidated Fire Agencies of San Bernardino County (CONFIRE) for Continued Dispatch and Communication Services, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] 131

9. Consider Approval of Agreement No. 25–28 with Econolite Systems for Traffic Signal Maintenance Services, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] 148
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 3 of 348 Page No.

10. Consider Approval of Agreement No. 25–29 with the San Bernardino County Department of Aging and Adult Services to Accept Additional Funding to Support Senior Center Activities and the Senior Transportation Program [CC]
Consider Authorizing City Manager Edward C. Starr to Sign Agreement No. 25–29 and Related Documents [CC] 152

11. Consider Approval of Agreement No. 25–30, Amendment No. 6 to Agreement No. 15–64 with San Bernardino County Transportation Authority for Construction Management Services for the Monte Vista Avenue/Union Pacific Railroad Grade Separation Project, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] 220

12. Consider Approval of Agreement No. 25–31 with Catering Systems, Inc. to Provide Meals for the City’s Senior Citizen Nutrition Program, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] 224

13. Consider Approval of Agreement No. 25–32 with Lifestyle Management Solutions to Provide Nutrition Education Services for the City’s Senior Citizen Nutrition Program [CC] 246

14. Consider Approval of Agreement No. 25–33 with Neighborhood Housing Partnership Services for Administration and Implementation of the Older Adults Home Modification Program, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] 263

15. Consider Approval of Agreement No. 25–34 with the U.S. Army Corps of Engineers, Los Angeles District, a Non–Exclusive Access Easement for Property Located East of the San Antonio Creek Channel and South of Richton Street and the Undeveloped Portion of Huntington Drive (APN 1007–722–07), Subject to Any Revisions Deemed Necessary by the City Attorney [CC]
Consider Authorizing City Manager Edward C. Starr to Sign Agreement No. 25–34 [CC] 302

16. Consider Approval of Agreement No. 25–35, Amendment No. 1 to Agreement No. 22–37 with AGA Engineers, Inc. for Plans and Specifications Related to the Arrow Highway and Central Avenue Improvement Projects, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] 316

17. Consider Approval of Agreement No. 25–36, Amendment No. 1 to Agreement No. 22–84 with HR Green Pacific for the Preparation of Plans and Specifications for Construction of Median and Street Rehabilitation Improvements Related to the Holt Boulevard Median and Street Rehabilitation Project, Subject to Any Revisions Deemed Necessary by the City Attorney [CC]
Consider Authorizing a $30,340.00 Appropriation from the 2021 Lease Revenue Bond Fund for Costs Related to Agreement No. 25–36, Amendment No. 1 to Agreement No. 22–84 [CC]
Consider Approval of Agreement No. 25–37, Amendment No. 1 to Agreement No. 22–85 with AGA Engineers, Inc. for the Preparation of Plans and Specifications for Construction of Traffic Signal Upgrades on Holt Boulevard from Ramona to Benson Avenues Related to the Holt Boulevard Median and Street Rehabilitation Project, Subject to any Revisions Deemed Necessary by the City Attorney [CC] 318 MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 4 of 348 Page No.

D. Resolutions

1. Consider Adoption of Resolution No. 25–3483 Approving a List of Projects to be Funded in Fiscal Year 2025–26 by Senate Bill 1, the California Road Repair and Accountability Act of 2017 [CC] 325

2. Consider Adoption of Resolution No. 25–3484 Authorizing Placement of Liens on Certain Properties for Delinquent Sewer and Trash Charges [CC] 329

3. Consider Adoption of Resolution No. 25–3485 Authorizing the City Manager or Designee to Make Minor Updates to the Local Road Safety Plan to Reflect Progress or Changes to State or Federal Laws And Regulations, and Accepting the Commitment to Achieve One–Half Decline in Roadway Fatalities and Serious Injuries by 2040 [CC] 335 IX. PULLED CONSENT CALENDAR ITEMS
X. COMMUNICATIONS
A. Department Reports

1. Human Services – Summer Activities & Events
B. City Attorney

1. 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

2. Request for City Council to Meet in Closed Session Pursuant to Government Code §54956.8 Regarding Real Property Negotiations [CC] Property: APN: 1007–671–13–0000
Negotiating Parties: City of Montclair, The Pep Boys Manny Moe and Jack City Negotiators: Edward C. Starr, City Manager
Under Negotiation: Recommendations Regarding Purchase Price Property: APN: 1008–622–48–0000
Negotiating Parties: City of Montclair, Juifu Chien
City Negotiators: Edward C. Starr, City Manager
Under Negotiation: Recommendations Regarding Purchase Price

3. Request for City Council to Meet in Closed Session Pursuant to Government Code §54956.9(d)(1) Regarding Pending Litigation [CC] Jaquez v. City of Montclair

4. Request for City Council to Meet in Closed Session Pursuant to Government Code §54956.9(d)(1) Regarding Pending Litigation [CC] Fuentes/Garcia v. Lopez, City of Montclair
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 5 of 348 Page No.

C. City Manager/Executive Director
D. Mayor/Chairperson

1. Notice of Special Joint Meeting of the City Council and Montclair Housing Corporation Board on Thursday, June 26, 2025, at 5:00 p.m. in the Council Chambers, to Consider Adoption of the Fiscal Year 2025–26 City and MHC Budgets [CC/MHC]

2. Discussion of Proposed Draft City Council Policy and Procedures Manual [CC]
E. Council Members/Directors
F. Committee Meeting Minutes (for informational purposes only)

1. Personnel Committee Meeting — May 5, 2025 338

2. Personnel Committee Meeting — June 2, 2025 339
XI. CLOSED SESSION
XII. CLOSED SESSION ANNOUNCEMENTS
XIII. ADJOURNMENT
The regular joint meeting of the City Council, Successor Agency Board, Montclair Housing Corporation Board, Montclair Housing Authority Commission, and Montclair Community Foundation Board scheduled for Monday, July 7, 2025, has been cancelled due to the lack of business. The next regular joint meeting will be held on Monday, July 21, 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, June 12, 2025.

MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 6 of 348

CITY COUNCIL

AGENDA REPORT
DATE: JUNE 16, 2025
SECTION: PUBLIC HEARINGS
ITEM NO.: A
FILE I.D.: CFD050
DEPT.: ECONOMIC DEV.

PREPARER: M. FUENTES
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 25–3480 ESTABLISHING COMMUNITY FACILITIES DISTRICT (CFD) NO. 2025–2 (ALEXAN KENDRY EXPANSION) AND THE

BOUNDARIES THEREOF
CONSIDER ADOPTION OF RESOLUTION NO. 25–3481 CALLING A SPECIAL ELECTION AND SUBMITTING TO THE VOTERS OF CFD NO. 2025–2 (ALEXAN KENDRY

EXPANSION) A PROPOSITION FOR THE ANNUAL LEVY OF SPECIAL TAXES WITHIN

SAID CFD TO PAY THE COSTS OF CERTAIN SERVICES TO BE PROVIDED BY THE CFD

AND ESTABLISHING AN APPROPRIATIONS LIMIT FOR SAID CFD
CONSIDER ADOPTION OF RESOLUTION NO. 25–3482 DECLARING THE RESULTS OF THE SPECIAL ELECTION FOR CFD NO. 2025–2 (ALEXAN KENDRY EXPANSION) FOR

THE PROPOSITIONS CONCERNING (I) THE ANNUAL LEVY OF SPECIAL TAXES TO PAY

THE COSTS OF CERTAIN SERVICES TO BE PROVIDED BY THE CFD, AND (II)

ESTABLISHING AN APPROPRIATIONS LIMIT
FIRST READING – CONSIDER ORDINANCE NO. 25–1012 AUTHORIZING THE LEVY OF A SPECIAL TAX FOR CFD NO. 2025–2 (ALEXAN KENDRY EXPANSION)

CONSIDER SETTING A PUBLIC HEARING TO CONDUCT SECOND READING AND TO CONSIDER ADOPTION OF ORDINANCE NO. 25–1012 ON MONDAY, JULY 21, 2025, AT 7:00 P.M. IN THE CITY COUNCIL CHAMBERS
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 the establishment of Community Facilities Districts (CFD).

Copies of proposed Resolution Nos. 25–3480, 25–3481, and 25–3482, and Ordinance No. 25–1012, are attached for City Council review and consideration.

BACKGROUND: The Alexan Kendry Expansion project (Project) is the sixth 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. 2025–2 to cover the costs of providing the necessary public services within the boundaries of the Project.

MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 7 of 348 Community Facilities Districts (CFD)
Rather than relying on general fund revenues, the Mello–Roos Community Facilities Act of 1982 (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 or joint powers authority 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, such as police and fire protection.

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 registered voters residing within the proposed boundaries. If there are fewer than 12 registered voters, the vote is conducted among the current landowners with each landowner entitled to one vote per acre, or portion of acre, of property owned. The CFD may also include just 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 a percentage maximum annual increase.

Adoption of Local Goals and Policies for CFDs
The Act requires that a local agency forming a CFD must first establish local goals and policies with respect to the use of CFDs. The statement of local goals and policies related to CFDs in the City of Montclair was adopted by the City Council pursuant to Resolution No. 11–2872 on January 3, 2011.

Proposed CFD No. 2025–2 (Alexan Kendry Expansion)
The CFD proposed for Alexan Kendry Expansion Project, Community Facilities District No. 2025–2 (Alexan Kendry Expansion), will provide for ongoing maintenance and service costs of certain public improvements and public safety (i.e. police and fire services). Alexan Kendry Expansion Project is owned by Kendry Addition PS Venture, L.L.C., a Delaware limited liability company, co–owner as to an undivided 5.05% interest in the property; Kendry Addition Venture, L.L.C., co–owner as to an undivided 4.95% interest in the Property; and Kendry Addition Investor, L.L.C., a Delaware limited liability, co–owner as to an undivided 90% interest in the Property (Property Owner).

A report published by the City’s special tax consultant Finance DTA (Report) is provided as Attachment 1 for City Council review. This Report describes the types of services to be provided, the estimated costs of providing the proposed services and includes the amended and restated rate and method of apportionment of the special tax.

Proposed CFD No. 2025–2 would finance the maintenance costs and lighting of parks, parkways, streets, roads, and open space and the operation and maintenance of storm drain systems serving the proposed CFD. In addition, the proposed CFD would finance fire and police protection services. The estimated cost of these services is approximately $56,142 annually inclusive of a $10,000 annual cost for administrative expenses.

The Act does not require special taxes be apportioned to individual parcels based on benefit received. However, in order to ensure fairness and equity, a benefit principle has been incorporated in establishing the special tax rates for CFD No. 2025–2. The major MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 8 of 348 assumption inherent in the special tax rates set forth in proposed CFD No. 2025–2 is that the level of service received from the proposed public services is a function of land use and residential unit size. As such, the special tax rates being proposed for CFD No. 2025–2 are based on a square footage per unit to ensure all types of proposed property are able to be accurately levied.

It should be noted that the special tax imposed by the CFD 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.

Public Hearing Procedures
At the April 21, 2025 City Council Meeting, the City Council adopted Resolution No. 25– 3478 a notice of intent to form Community Facilities District No. 2025–2 (Alexan Kendry Expansion) for the Project. Resolution No. 25–3478 sets June 16, 2025, as the date for a public hearing to consider the formation of CFD No. 2025–2, as well as the parameters for the establishment of the proposed community facilities district, the proposed description and map of boundaries, types of services to be financed by the CFD, method and apportionment of the Special Tax, hearing on the formation of the CFD, and description of voting procedures for the CFD.

Certain procedures dictated by law must be followed when forming and implementing a CFD. These procedures include the following:
• Opening the public hearing and receiving public testimony. • Receiving any written protests.
• Determining if there are registered voters within the boundaries of the proposed CFD.

If not, the election is conducted with the owners of all taxable property within the boundaries of the CFD.
• Determining if the property owners have consented to a special election. • Closing the public hearing.
• City Council consideration of a Resolution establishing the CFD and consideration of a Resolution calling for a special election regarding the levy of taxes and appropriations limit.
• Conducting a special election by the City Clerk and canvass of the votes cast. • City Council consideration of a Resolution declaring the results of the special election.
• City Council consideration of first reading of the Ordinance authorizing the levy of special taxes within the CFD.

Resolutions and Ordinance
After the conduct of the public hearing, the City Council is requested to consider adoption of certain Resolutions and conduct the first reading of an Ordinance. A brief description of the Resolutions and Ordinance submitted for consideration by the City Council are provided:

MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 9 of 348  Resolution No. 25–3480 establishing CFD No. 2025–2
This resolution establishes the boundaries of the CFD No. 2025–1, the rates and methods of apportionment of the special taxes to be levied, and the services to be funded by the CFD No. 2025–2.
 Resolution No. 25–3481 calling a special election and submitting to the voters of CFD No. 2025–2 a proposition with respect to the annual levy of special taxes This resolution sets out the terms and conditions for an election to be conducted by the City Clerk as the election official for a vote to be taken by the landowners of record.
 Resolution No. 25–3482 declaring the results of the special election for CFD No. 2025–2
This resolution would declare the results of the special election and authorize that City Council to annually levy special taxes on taxable property within the newly formed CFD.
 Ordinance No. 25–1012 levying special taxes to be collected during Fiscal Year 2025–26
This ordinance would authorize the City Council to levy special taxes within the newly formed CFD to pay for the identified maintenance costs and public safety costs.

FISCAL IMPACT: Formation of CFD No. 2025–2 has been proposed to mitigate the financial impacts of public works maintenance and public safety services on General Fund revenues.

Proposed CFD No. 2025–2 would finance the maintenance costs and lighting of parks, parkways, streets, roads, and open space and the operation and maintenance of storm drain systems serving the proposed CFD. In addition, the proposed CFD would finance fire and police protection services. The estimated cost of these services is approximately $56,162 annually, inclusive of a $10,000 annual cost to administer the CFD.

As previously indicated, the special tax imposed by the CFD shall be increased by the cost of the CPI with a maximum annual increase of six percent and a minimum annual increase of two percent each year.

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

1. Adopt Resolution No. 25–3480 establishing Community Facilities District (CFD) No. 2025–2 (Alexan Kendry Expansion), and the boundaries thereof;

2. Adopt Resolution No. 25–3481 calling a Special Election and submitting to the voters of CFD 2025–2 (Alexan Kendry Expansion) a proposition for the annual levy of special taxes within said CFD to pay the costs of certain services to be provided by the CFD and establishing an appropriations limit for said CFD;

3. Adopt Resolution No. 25–3483 declaring the results of the Special Election for CFD No. 2025–2 (Alexan Kendry Expansion) for the propositions concerning (I) the annual levy of special taxes to pay the costs of certain services to be provided by the CFD and (II) establishing an appropriations limit; MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 10 of 348

4. Conduct first reading of Ordinance No. 25–1012 levying special taxes to be collected during Fiscal Year 2025–26 to pay the annual costs of the maintenance and lighting of parks, parkways, streets, roads, and open space and the operation and maintenance of storm drainage systems and public safety services including fire protection and suppression services and police protection with respect to CFD No. 2025–2 (Alexan Kendry Expansion); and

5. Set a public hearing to conduct second reading and to consider adoption of Ordinance No. 25–1012 on Monday, July 21, 2025, at 7:00 p.m. in the City Council Chambers.

MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 11 of 348 Resolution No. 25–3480 Page 1 of 4
RESOLUTION NO. 25–3480

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MONTCLAIR ESTABLISHING CITY OF MONTCLAIR
COMMUNITY FACILITIES DISTRICT NO. 2025–2 (ALEXAN

KENDRY EXPANSION), COUNTY OF SAN BERNARDINO,

STATE OF CALIFORNIA, AND THE BOUNDARIES THEREOF
WHEREAS, the City Council (the “City Council”) of the City of Montclair (the “City”) adopted Resolution No. 25–3478 (the “Resolution of Intention”), stating that a community facilities district to be known as “City of Montclair Community Facilities District No. 2025–2 (Alexan Kendry Expansion), County of San Bernardino, State of California” (the “Community Facilities District”), is proposed to be established under the provisions of 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”), and fixing the time and place for a public hearing on the formation of the Community Facilities District; and WHEREAS, notice was published and mailed to the owners of property in the Community Facilities District as required by law relative to the intention of the City Council to establish the Community Facilities District and the levy of the special taxes therein to provide certain services, and of the time and place of said public hearing; and WHEREAS, on June 16, 2025, at the time and place specified in said published and mailed notices, the City Council opened and held a public hearing as required by law relative to the formation of the Community Facilities District, the levy of the special taxes therein and the provision of services by the Community Facilities District; and
WHEREAS, prior to the commencement of said public hearing on March 3, 2025 there was filed with the City Council a report (the “Report”) containing a description of the services being financed within and for the Community Facilities District, and an estimate of the cost of providing such services, as required by Section 53321.5 of the California Government Code; and
WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining to the formation of the Community Facilities District, the levy of the special taxes and the provision of services therein were heard, and a full and fair hearing was held; and
WHEREAS, the City Council may therefore proceed to establish the Community Facilities District.

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

Section 1. Findings. The City Council finds as follows: (i) all of the preceding recitals are true and correct and are incorporated herein by this reference, (ii) at its meeting on June 2, 2025, pursuant to notice thereof duly given as provided by law, the City Council conducted the public hearing with respect to the formation of the Community Facilities District and the annual levying of specified special taxes on the taxable property within the Community Facilities District to pay the costs of services for the Community Facilities District which are described in Section 3 hereof, (iii) the boundary map of the Community Facilities District was recorded, pursuant to Sections 3111 and 3113 of the California Streets and Highways Code, on April 30, 2025, at Page 38 of Book 92 of Maps of Assessment and Community Facilities Districts, and as Document No. 2025–0098401, in the official records of the County of San Bernardino, (iv) no written protests were received at or prior to the time of said hearing against the formation of the Community Facilities District or the levying of said special taxes by the Community Facilities District, and said special taxes have, therefore, not been limited by majority protest pursuant to Section 53324 of the California Government Code, (v) all prior proceedings with respect to the formation of the Community Facilities District conducted by the City Council were valid and in conformity with the requirements of Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code, (vi) the City Council is, therefore, authorized to adopt a resolution of formation pursuant to Section 53325.1 of the California Government Code for the formation of the City of Montclair Community Facilities District No. 2025–2 (Alexan Kendry Expansion), San Bernardino County, State of California, and the Community Facilities District should be established, (vii) the department responsible for preparing the annual roll of special tax levy obligations by assessor’s parcel number and MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 12 of 348 Resolution No. 25–3480 Page 2 of 4
that will be responsible for estimating future special tax levies pursuant to Section 53340.2 of the Act is the Economic Development Department located at 5111 Benito Street, Montclair, CA 91763, telephone number (909) 626–8571, and (viii) less than 12 persons have been registered to vote within the territory of the Community Facilities District during the 90 days preceding the close of the public hearing and, pursuant to Section 53326 of the California Government Code, the vote in the special election provided for in Section 7 hereof shall, therefore, be by the landowners of the Community Facilities District whose property would be subject to the special taxes if they were levied at the time of the election, and each landowner shall have one vote for each acre, or portion thereof, which he owns within the Community Facilities District.

Section 2. Formation of the District. City of Montclair Community Facilities District No. 2025–2 (Alexan Kendry Expansion), San Bernardino County, State of California, is hereby established. The boundaries of the Community Facilities District are described and shown on the map entitled “Boundaries of City of Montclair Community Facilities District No. 2025–2 (Alexan Kendry Expansion), San Bernardino County, State of California” which is on file with the City Clerk, and said boundaries are hereby established.

Section 3. Types of Services; Incidental Expenses. It is proposed that the 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
(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 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 4. 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 Community Facilities District in determining, apportioning, levying and collecting such special taxes shall be annually levied within the Community Facilities District. The RMA shall be as set forth in Exhibit “A.”
Under no circumstances shall the special tax levied against any parcel used for private residential purposes subject to the levy of the special tax pursuant to the amended and restated rates and methods 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 delinquencies.

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.

Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all non–exempt real property in the Community Facilities District and that lien shall continue in full force and effect until the special tax lien is canceled in accordance with law or until collection of the special tax ceases. The special taxes cannot be prepaid.

Section 5. 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 Community Facilities District.

MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 13 of 348 Resolution No. 25–3480 Page 3 of 4
Section 6. Report. The Report is hereby approved and is made a part of the record of the public hearing regarding the formation of the Community Facilities District, and is ordered to be kept on file with the City Clerk as part of the transcript of these proceedings.

Section 7. 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 taxable property within the Community Facilities District to pay the costs of the services to be provided by the Community Facilities District, and (ii) the proposition with respect to establishing an appropriations limit for the Community Facilities District in the amount of $5,000,000.00 (the “Special Election”), shall be as follows:
(a) Except as otherwise provided below, the special election shall be conducted by the City Clerk pursuant to the California Elections Code governing mail ballot elections of cities, and in particular, the provisions of Division 4 (commencing with Section 4000) of said Code, insofar as they may be applicable. (b) The Special Election shall be held on the earliest date, following the adoption by the City Council of this Resolution and a resolution pursuant to Section 53326 of the California Government Code submitting the propositions with respect to (i) the levy of special taxes to pay the costs of the services to be provided by the Community Facilities District, and (ii) establishing an appropriations limit therefor to the qualified electors of the Community Facilities District, upon which such election 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 Community Facilities District and the City Clerk agree and concur is acceptable.
(c) Pursuant to said Section 53326, the Special Election may be held earlier than 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. (d) 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.
(e) 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 resolutions calling the 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, a statement pursuant to Section 9401 of said Code, 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 this Resolution; provided, however, that such statement, analysis and arguments may be waived with the unanimous consent of all the landowners.
(f) 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 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.

MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 14 of 348 Resolution No. 25–3480 Page 4 of 4
(g) The return identification envelope mailed or 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 address of the voter, (vi) the date of signing and place of execution of said declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the City Clerk.
(h) The instruction 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 Special Election. (i) Upon receipt of the return identification envelopes which are returned prior to the voting deadline on the date of the Special 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.

Section 8. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

Section 9. Effective Date. This Resolution shall become effective immediately following 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. 25–3480 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 – 06/16/2025 Page 15 of 348 RESOLUTION NO. 25-3480

EXHIBIT A
City of Montclair April 7, 2025
CFD No. 2025-2 (Alexan Kendry Expansion) Page 1

RATE AND METHOD OF APPORTIONMENT FOR

CITY OF MONTCLAIR
COMMUNITY FACILITIES DISTRICT NO. 2025-2
(ALEXAN KENDRY EXPANSION)
A Special Tax as hereinafter defined shall be levied on all Assessor’s Parcels in the City of Montclair Community Facilities District No. 2025-2 (Alexan Kendry Expansion) ("CFD No. 2025- 2") 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. 2025-2, 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:
"Acre” or “Acreage" means the land area of an Assessor’s Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded County parcel map.
"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. 2025-2 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. 2025-2 or any designee thereof of complying with City or CFD No. 2025-2 disclosure requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2025-2 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. 2025-2 for any other administrative purposes of CFD No. 2025-2, 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.

MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 16 of 348 RESOLUTION NO. 25-3480

EXHIBIT A
City of Montclair April 7, 2025
CFD No. 2025-2 (Alexan Kendry Expansion) Page 2
"Assessor’s Parcel Map" means an official map of the County Assessor of the County designating parcels by Assessor’s parcel number.
"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.
"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. 2025-2" means the City of Montclair Community Facilities District No. 2025-2 (Alexan Kendry Expansion).
"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. 2025-2.
"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, 2025 would be considered Developed Property beginning in Fiscal Year 2025-2026). “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 MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 17 of 348 RESOLUTION NO. 25-3480

EXHIBIT A
City of Montclair April 7, 2025
CFD No. 2025-2 (Alexan Kendry Expansion) Page 3
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. 2025-2. "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. 2025-2. "Non-Residential Property" means all Assessor’s Parcels of Developed Property for which a building permit(s) was issued for a non-residential use. "Parking Property” means, for each Fiscal Year, any property within the boundaries of CFD No. 2025-2 that is used exclusively or primarily as a parking lot, garage, parking structure, or roadway, as of January 1 of the previous Fiscal Year, as determined by the CFD Administrator.
"Property Owner Association Property" means, for each Fiscal Year, any property within the boundaries of CFD No. 2025-2 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. 2025-2 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. 2025-2 that was encumbered, as of January 1 of the previous Fiscal Year, by an MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 18 of 348 RESOLUTION NO. 25-3480

EXHIBIT A
City of Montclair April 7, 2025
CFD No. 2025-2 (Alexan Kendry Expansion) Page 4
unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement.
"Residential Floor Area" means all of the square footage of living area within the perimeter of a residential dwelling unit, not including any carport, walkway, garage, overhang, patio, enclosed patio, or similar area. The determination of Residential Floor Area shall be made by reference to the building permit(s) issued for such Assessor’s Parcel, or if the square footage is not available from this source, as otherwise determined by the CFD Administrator based on a recorded condominium plan or other available documents.
"Residential Property" means all Assessor’s Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units.
"Special Tax" means the Special Tax A and/or Special Tax B, as applicable. "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. 2025-2 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- 2; 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. 2025-2 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- 2; 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. 2025-2 which are not exempt from the Special Tax pursuant to law or Section E below.

MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 19 of 348 RESOLUTION NO. 25-3480

EXHIBIT A
City of Montclair April 7, 2025
CFD No. 2025-2 (Alexan Kendry Expansion) Page 5
"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. 2025-2 shall be classified as Developed Property or Undeveloped Property. Each parcel of Developed Property shall be further classified as either Residential Property or Non-Residential 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 Residential Property shall be based on the Residential Floor Area of the dwelling unit(s) located on the Assessor's Parcel, as specified in Table 1 below. The Maximum Annual Special Tax for Non-Residential Property shall be based on the Acreage of the Assessor's Parcel.

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
Land Use
Class Description Residential Floor Area
FY 2025-2026
Maximum Annual
Special Tax A
FY 2025-2026
Maximum Annual
Special Tax B
1 Residential Property ≥ 1,300 s.f. $175 per unit $301 per unit 2 Residential Property 1,101 – 1,300 s.f. $156 per unit $267 per unit 3 Residential Property 1,000 – 1,100 s.f. $137 per unit $236 per unit 5 Residential Property < 1,000 s.f. $84 per unit $144 per unit 6 Non-Residential Property NA $7,247 per Acre $12,449 per Acre 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.

MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 20 of 348 RESOLUTION NO. 25-3480

EXHIBIT A
City of Montclair April 7, 2025
CFD No. 2025-2 (Alexan Kendry Expansion) Page 6

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

3. Multiple Land Uses
In some instances an Assessor's Parcel may contain both Undeveloped Property and Developed Property, or in the case of Developed Property, more than one Land Use Class.

In such cases, the Acreage of the Assessor’s Parcel shall be allocated between Developed Property and Undeveloped Property based the portion of the Assessor’s Parcel for which building permits had been issued prior to January 1 of the prior Fiscal Year and portion of the Assessor’s Parcel for which building permits had not been issued prior to January 1 of the prior Fiscal Year. The Acreage that is considered Developed Property shall be allocated between Residential Property and Non-Residential Property as determined by reference to the site plan approved for such Assessor's Parcel. The Maximum Special Tax that can be levied on such Assessor’s Parcel shall be the sum of the Maximum Special Tax that can be levied on each type of property located on that Assessor’s Parcel.

The CFD Administrator’s allocation of Acreage to each type of property shall be final.

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.

MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 21 of 348 RESOLUTION NO. 25-3480

EXHIBIT A
City of Montclair April 7, 2025
CFD No. 2025-2 (Alexan Kendry Expansion) Page 7

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. 2025-2 for which an occupancy permit for private residential use has been issued shall be increased as a consequence of delinquency or default by the owner or owners of any other Assessor’s Parcel(s) within CFD No. 2025-2 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 nonresidential property within CFD No. 2025-2 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 Assessor’s Parcels of Property Owner Association Property, Public Property, Exempt Welfare Exemption Property, or Parking Property.

Should an Assessor’s Parcel no longer be classified as Property Owner Association Property, Public Property, Exempt Welfare Exemption Property, or Parking Property, its tax-exempt status will be revoked.

EXHIBIT A
City of Montclair April 7, 2025
CFD No. 2025-2 (Alexan Kendry Expansion) Page 8
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 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. 2025-2 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 – 06/16/2025 Page 23 of 348 Resolution No. 25–3481 Page 1 of 3
RESOLUTION NO. 25–3481

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTCLAIR CALLING

A SPECIAL ELECTION AND SUBMITTING TO THE VOTERS OF CITY OF MONTCLAIR COMMUNITY FACILITIES DISTRICT NO. 2025–2 (ALEXAN KENDRY

EXPANSION), COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, A

PROPOSITION WITH RESPECT TO THE ANNUAL LEVY OF SPECIAL TAXES WITHIN

SAID COMMUNITY FACILITIES DISTRICT TO PAY THE COSTS OF CERTAIN

SERVICES TO BE PROVIDED BY THE COMMUNITY FACILITIES DISTRICT AND A

PROPOSITION WITH RESPECT TO ESTABLISHING AN APPROPRIATIONS LIMIT

FOR SAID COMMUNITY FACILITIES DISTRICT
WHEREAS, pursuant to Section 53325.1 of the California Government Code, the City Council (the “City Council”) of the City of Montclair (the “City”) has adopted a resolution establishing City of Montclair Community Facilities District No. 2025–2 (Alexan Kendry Expansion), San Bernardino County, State of California (the “Community Facilities District”) and the boundaries thereof; and
WHEREAS, pursuant to Section 53326 of said Code, it is necessary that the City Council submit to the voters of the Community Facilities District the annual levy of special taxes on the property within the Community Facilities District to pay the costs of providing services described in Resolution No. 25–3478, the resolution of intention with respect to the formation of the Community Facilities District (“Resolution of Intention”); and
WHEREAS, pursuant to Section 53325.7 of said Code, the City Council may also submit to the voters of the Community Facilities District a proposition with respect to establishing an appropriations limit for the Community Facilities District.

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

Section 1. Findings. The City Council finds that: (i) the foregoing recitals are true and correct and are incorporated herein by this reference; (ii) less than 12 persons have been registered to vote within the territory of the Community Facilities District during the 90 days preceding the close of the public hearing on June 16, 2025; (iii) pursuant to Section 53326 of the California Government Code, as a result of the findings set forth in clause (ii) above, the vote in the special election called by this Resolution shall be by the landowners of the Community Facilities District whose property would be subject to the special taxes if they were levied at the time of the election, and each landowner shall have one vote for each acre, or portion thereof, which he owns within the Community Facilities District which would be subject to the proposed special taxes if they were levied at the time of the election; (iv) Kendry Addition PS Venture, L.L.C., a Delaware limited liability company (“Kendry Addition PS”), co–owner as to an undivided 5.05% interest in the property; Kendry Addition Venture, L.L.C., a Delaware limited liability company (“Kendry Addition”), co–owner as to an undivided

4.95% interest of the property; and Kendry Addition Investor, L.L.C., a Delaware limited liability company (“Kendry Addition Investor”) co–owner as to an undivided 90% interest in the property (Kendry Addition Investor along with Kendry Addition PS and Kendry Addition, collectively, the “Owners”), Owners of all the land in the Community Facilities District have by written consent (a) waived the time limits set forth in said Section 53326 for holding the election called by this Resolution, (b) consented to the holding of said election on June 16, 2025, (c) waived notice and mailed notice of the time and date of said election, and (d) waived an impartial analysis by the City Attorney of the ballot propositions pursuant to Section 9280 of the California Elections Code and arguments and rebuttals pursuant to Sections 9281 to 9287, inclusive, and 9295 of said Code; and (v) the City Clerk of the City has consented to the holding of said election on June 16, 2025.

Section 2. Call of Election. The City Council hereby calls and schedules a special election for June 16, 2025 on the proposition with respect to the annual levy of special taxes within the Community Facilities District for paying the cost of the services to be provided within and for the benefit of the Community Facilities District and on the proposition with respect to establishing an appropriations limit for the Community Facilities District.

Section 3. Propositions. The propositions to be submitted to the voters of the Community Facilities District at such special election shall be as follows:

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First Proposition:

Shall special taxes be levied annually on taxable property within City of Montclair Community Facilities District No. 2025–2 (Alexan Kendry Expansion), San Bernardino County, State of California, to pay the costs of maintenance services, public safety services and other services specified in the Resolution of Intention to Establish adopted by the City Council of the City of Montclair on April 21, 2025 (the “Resolution of Intention”) and to pay incidental expenses thereto and to pay costs associated with the determination of the amount of and the levy and collection of the special taxes, at the special tax rates and pursuant to the rate and method of apportionment of special taxes set forth in Exhibit “A” to the Resolution of Intention?
Second Proposition:

Shall an appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, be established for City of Montclair Community Facilities District No. 2025–2 (Alexan Kendry Expansion), San Bernardino County, State of California, in the amount of $5,000,000?
Section 4. Conduct of Election. Except as otherwise provided in Section 5 hereof, said election shall be conducted by the City Clerk of the City pursuant to the California Elections Code governing mail ballot elections of cities, and in particular, the provisions of Division 4 (commencing with Section 4000) of said Code, insofar as they may be applicable.

Section 5. Election Procedures. The procedures to be followed in conducting the special election on (a) the proposition with respect to the levy of special taxes on the land within the Community Facilities District to pay the costs of maintenance, services, public safety services, and other services specified in the Resolution of Formation and to pay expenses incidental thereto and to pay costs associated with the determination of the amount of and the levy and collection of special tax rates pursuant to the amended and restated rate and method of apportioning special taxes set forth in Exhibit “A” to the Resolution of Formation and (b) the proposition with respect to establishing an appropriations limit for the Community Facilities District in the amount of $5,000,000 (the “Special Election”) shall be as follows:
(a) Pursuant to said Section 53326 of the California Government Code, 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. (b) 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, 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; provided, however, that such statement, analysis and arguments may be waived with the unanimous consent of all the landowners.
(c) 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 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.

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(d) The return identification envelope mailed or 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 address of the voter, (vi) the date of signing and place of execution of said declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the City Clerk.
(e) The instruction 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 June 16, 2025. (f) 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.

Section 6. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

Section 7. Effective Date. This Resolution shall become effective immediately following 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. 25–3481 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 – 06/16/2025 Page 26 of 348 Resolution No. 25–3482 Page 1 of 2
RESOLUTION NO. 25–3482

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTCLAIR

DECLARING THE RESULTS OF THE SPECIAL ELECTION FOR THE CITY OF MONTCLAIR COMMUNITY FACILITIES DISTRICT NO. 2025–2
(ALEXAN KENDRY EXPANSION), COUNTY OF SAN BERNARDINO,

STATE OF CALIFORNIA, ON THE PROPOSITIONS WITH RESPECT TO (I)

THE ANNUAL LEVY OF SPECIAL TAXES TO PAY THE COSTS OF

CERTAIN SERVICES TO BE PROVIDED BY THE COMMUNITY

FACILITIES DISTRICT AND (II) ESTABLISHING AN APPROPRIATIONS LIMIT
WHEREAS, on June 16, 2025, the City Council (the “City Council”) of the City of Montclair (the “City”) adopted a resolution calling a special election on the propositions with respect to the annual levy of special taxes on taxable property within the City of Montclair Community Facilities District No. 2025-2 (Alexan Kendry Expansion), San Bernardino County, State of California (the “Community Facilities District”) to pay the costs of certain services to be provided by the Community Facilities District and establishing an appropriations limit for the Community Facilities District (the “Election Resolution”); and
WHEREAS, the City Council has received a statement from the City Clerk, who pursuant to the Election Resolution was authorized to conduct the special election and act as the election official therefor, with respect to the canvass of the ballots returned in and the results of the special election, certifying that more than two-thirds of the votes cast upon the propositions submitted to the voters in the special election were cast in favor of all such propositions.

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

Section 1. Findings. The City Council finds that: (i) the foregoing recitals are true and correct and are incorporated herein by this reference; (ii) there were less than 12 persons registered to vote within the boundaries of the Community Facilities District at the time of the close of the protest hearing on June 16, 2025, and pursuant to Section 53326 of the California Government Code (“Section 53326”) the votes in the special election were, therefore, to be by the landowners owning land within the Community Facilities District, with each landowner having one vote for each acre or portion of an acre of land that he or she owned within the Community Facilities District which would have been subject to the special tax if levied at the time of the special election; (iii) pursuant to Section 53326 and the Election Resolution, the City Clerk delivered ballots for the special election to Kendry Addition PS Venture, L.L.C., a Delaware limited liability company (“Kendry Addition PS”), co-owner as to an undivided

5.05% interest of the property; Kendry Addition Venture, L.L.C., a Delaware limited liability company (“Kendry Addition”), co-owner as to an undivided 4.95% interest of the property; and Kendry Addition Investor, L.L.C., a Delaware limited liability company (“Kendry Addition Investor”) co-owner as to an undivided 90% interest in the property (Kendry Addition Investor along with Kendry Addition PS and Kendry Addition, collectively, the “Property Owner”), the owners of all of the land within the Community Facilities District; (iv) the Property Owner waived the time limits for holding the special election and the election dates specified in Section 53326, and consented to the calling and holding of the special election on June 16, 2025; (v) the special election has been properly conducted in accordance with all statutory requirements and the provisions of Election Resolution; (vi) pursuant to Section 53326, the Property Owner, which cumulatively owns approximately 2.225 acres, was entitled to a total of 5 votes; (vii) the ballots were returned by the Property Owner to the City Clerk prior to 5:00 p.m. on June 16, 2025; (viii) the ballots returned to the City Clerk by the Property Owner voted all votes to which it was entitled in favor of all propositions set forth therein; (ix) more than two-thirds of the votes cast in the special election on each such proposition were cast in favor thereof, and pursuant to Section 53328 of the California Government Code, all such propositions carried; (x) the City Council, as the legislative body of the Community Facilities District, is therefore authorized to take the necessary action to annually levy special taxes on taxable property within the Community Facilities District in amounts sufficient to pay the costs of services to be provided by the Community Facilities District; and (xi) an appropriations limit for the Community Facilities District has been established in the amount of $5,000,000.

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Section 2. Declaration of Results. All votes voted in the special election on the propositions with respect to the annual levy of special taxes on taxable property within the Community Facilities District to pay the costs of the services to be provided by the Community Facilities District and the establishment of an appropriations limit in the amount of $5,000,000 for the Community Facilities District were voted in favor thereof, and such propositions carried.

Section 3. Effect of Election. The effect of the results of the special election, as specified in Section 2 hereof, is that the City Council, as the legislative body of the Community Facilities District, is authorized to annually levy special taxes on taxable property within the Community Facilities District in an amount sufficient to pay the costs of the services to be provided by the Community Facilities District at the special tax rates and pursuant to the methodology for determining and apportioning such special taxes which are set forth in rate and method of apportionment of the special tax included as Exhibit “A” to the Resolution of Formation adopted by the City Council on June 16, 2025, and an appropriations limit has been established for the Community Facilities District in the amount of $5,000,000.

Section 4. Notice of Special Tax Lien. The City Clerk shall record a notice of special tax lien pursuant to Section 53328.3 of the California Government Code and Section 3114.5 of the California Streets and Highways Code.

Section 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

Section 6. Effective Date. This Resolution shall become effective immediately following 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. 25–3482 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 – 06/16/2025 Page 28 of 348 FIRST

READING
06/16/2025
Ordinance No. 25–1012 Page 1 of 2
ORDINANCE NO. 25–1012

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MONTCLAIR

ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF THE CITY OF MONTCLAIR COMMUNITY FACILITIES DISTRICT NO. 2025–2 (ALEXAN

KENDRY EXPANSION), COUNTY OF SAN BERNARDINO, STATE OF

CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH

COMMUNITY FACILITIES DISTRICT
WHEREAS, the City Council (the “City Council”) of the City of Montclair, California (the “City”), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors authorizing the levy of special taxes in a community facilities district, all as authorized pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982,” being Chapter 2.5, Part 1. Division 2, Title 5 of the Government Code of the State of California (the “Act”); and
WHEREAS, this community facilities district shall hereinafter be referred to as the City of Montclair Community Facilities District No. 2025-2 (Alexan Kendry Expansion), San Bernardino County, State of California (the “District”).

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTCLAIR,

CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF MONTCLAIR COMMUNITY FACILITIES DISTRICT NO. 2025–2 (ALEXAN KENDRY EXPANSION), DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Incorporation of Recitals. The Recitals set forth above are incorporated herein, are made findings and determination of the City Council, and are an operative part of this Ordinance.

Section 2. Special Taxes. This City Council does, by the passage of this Ordinance, authorize the levy of special taxes on taxable properties located in the District pursuant to the Amended and Restated Rate and Method of Apportionment as set forth in Exhibit “A” attached hereto and incorporated herein by this reference (the “Rate and Method”).

Section 3. Annual Levy of Special Taxes. This City Council, acting in its capacity as the legislative body of the District, is hereby further authorized, by resolution, to annually determine the special tax to be levied within the District for the then current tax year or future tax years; provided, however, the special tax to be levied shall not exceed the maximum special tax authorized to be levied pursuant to the Rate and Method.

Section 4. Manner of Collection. The special taxes herein authorized to be levied, to the extent possible, shall be collected in the same manner as ad valorem property taxes or in such other manner as this City Council shall determine, including without limitation, direct billing of the affected property owners, and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes. Any special taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the Treasurer of the City of Montclair, acting for and on behalf of the District.

Section 5. Special Tax Lien. The special taxes authorized to be levied shall be secured by the lien imposed pursuant to Sections 3114.5 and 3115.5 of the Streets and Highways Code of the State of California, which lien shall be a continuing lien to secure each levy of the special tax, shall attach to all non–exempt real property in the District and shall continue in force and effect until the lien is canceled in accordance with law or until collection of the tax by the legislative body ceases.

Section 6. Effective Date. This Ordinance shall be effective thirty (30) days after its adoption. The City Clerk shall certify as to the adoption of this Ordinance and shall cause a summary thereof to be published within fifteen (15) days of the adoption and shall post a Certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.

MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 29 of 348 FIRST

READING
06/16/2025
Ordinance No. 25–1012 Page 2 of 2
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 the foregoing is a true and correct copy of Ordinance No. 25–1012 of said City, which was introduced at a regular meeting of the City Council held on the XX day of XX, 2025, and finally passed not less than five (5) days thereafter at a regular meeting of the City Council held on the XX day of XX, 2025, by the following vote, to–wit:

AYES: XX
NOES: XX
ABSTAIN: XX
ABSENT: XX
Andrea M. Myrick,
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 30 of 348 ORDINANCE NO. 25-1012

EXHIBIT A
City of Montclair April 7, 2025
CFD No. 2025-2 (Alexan Kendry Expansion) Page 1

RATE AND METHOD OF APPORTIONMENT FOR

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CFD No. 2025-2 (Alexan Kendry Expansion) Page 2
"Assessor’s Parcel Map" means an official map of the County Assessor of the County designating parcels by Assessor’s parcel number.
"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.
"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. 2025-2" means the City of Montclair Community Facilities District No. 2025-2 (Alexan Kendry Expansion).
"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. 2025-2.
"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, 2025 would be considered Developed Property beginning in Fiscal Year 2025-2026). “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 MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 32 of 348 City of Montclair April 7, 2025
CFD No. 2025-2 (Alexan Kendry Expansion) Page 3
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. 2025-2. "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. 2025-2. "Non-Residential Property" means all Assessor’s Parcels of Developed Property for which a building permit(s) was issued for a non-residential use. "Parking Property” means, for each Fiscal Year, any property within the boundaries of CFD No. 2025-2 that is used exclusively or primarily as a parking lot, garage, parking structure, or roadway, as of January 1 of the previous Fiscal Year, as determined by the CFD Administrator.
"Property Owner Association Property" means, for each Fiscal Year, any property within the boundaries of CFD No. 2025-2 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. 2025-2 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. 2025-2 that was encumbered, as of January 1 of the previous Fiscal Year, by an MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 33 of 348 City of Montclair April 7, 2025
CFD No. 2025-2 (Alexan Kendry Expansion) Page 4
unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement.
"Residential Floor Area" means all of the square footage of living area within the perimeter of a residential dwelling unit, not including any carport, walkway, garage, overhang, patio, enclosed patio, or similar area. The determination of Residential Floor Area shall be made by reference to the building permit(s) issued for such Assessor’s Parcel, or if the square footage is not available from this source, as otherwise determined by the CFD Administrator based on a recorded condominium plan or other available documents.
"Residential Property" means all Assessor’s Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units.
"Special Tax" means the Special Tax A and/or Special Tax B, as applicable. "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. 2025-2 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- 2; 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. 2025-2 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- 2; 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. 2025-2 which are not exempt from the Special Tax pursuant to law or Section E below.

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CFD No. 2025-2 (Alexan Kendry Expansion) Page 5
"Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property.

C. MAXIMUM ANNUAL SPECIAL TAX

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

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CFD No. 2025-2 (Alexan Kendry Expansion) Page 6

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

3. Multiple Land Uses
In some instances an Assessor's Parcel may contain both Undeveloped Property and Developed Property, or in the case of Developed Property, more than one Land Use Class.

The CFD Administrator’s allocation of Acreage to each type of property shall be final.

D. APPORTIONMENT OF THE SPECIAL TAX

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CFD No. 2025-2 (Alexan Kendry Expansion) Page 7

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 MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 37 of 348 City of Montclair April 7, 2025
CFD No. 2025-2 (Alexan Kendry Expansion) Page 8
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 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.

MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 38 of 348

CITY COUNCIL

AGENDA REPORT
DATE: JUNE 16, 2025
SECTION: PUBLIC HEARINGS
ITEM NO.: B
FILE I.D.: PER575
DEPT.: ADMIN. SVCS.

PREPARER: M. RICHTER
SUBJECT: CONSIDER RECEIVING AND FILING THE CITY OF MONTCLAIR REPORT ON VACANCIES FOR FY 2024–25 IN COMPLIANCE WITH AB 2561
REASON FOR CONSIDERATION: With the passage of Assembly Bill 2561 (AB 2561), signed into law by Governor Newsom on September 22, 2024, public agencies in California are now required to annually present information related to staffing vacancies to the agency’s governing body. The law mandates that public agencies hold at least one public hearing each fiscal year before the adoption of the annual budget to report on vacancy levels, evaluate hiring and retention efforts, and allow for participation by recognized employee bargaining units.

The City Council is requested to consider receiving and filing the City of Montclair FY 2024–25 Report on Vacancies in compliance with AB 2561. A copy of the report, which addresses staffing levels based on positions authorized for the 2024–25 Fiscal Year, is attached for the City Council’s review and consideration.

BACKGROUND: Assembly Bill 2561 (AB 2561) revised the Meyers–Milias–Brown Act and amended the Government Code by adding Section 3502.3. The purpose of AB 2561 is to address growing concerns over staffing shortages in public agencies, which can lead to increased workloads, employee burnout, lower morale, and reduced service delivery to the public. To mitigate these impacts, the law requires agencies to:
 Report annually on vacancies, recruitment activity, and retention strategies;  Identify any policies or practices that may hinder hiring or retention;  Provide recognized bargaining groups an opportunity to present during the public hearing; and
 If any bargaining unit vacancy rate reaches or exceeds 20 percent of authorized positions, provide additional data upon request, including applicant volume, hiring timelines, and efforts to improve compensation, benefits, and working conditions.

The City’s recognized bargaining units, including the Montclair City Confidential Employees’ Association (MCCEA), Teamsters (representing the General Employees’ unit), Montclair Firefighters’ Association (MFFA), and Montclair Police Officers’ Association (MPOA) have been invited to participate in this public hearing in accordance with AB 2561.

MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 39 of 348 Workforce Overview
The City of Montclair has 205 authorized full–time positions in the current Fiscal Year.

Of the 205 positions, 175 are represented by bargaining units.

Vacancy rates are calculated as follows:

Vacancy Rate ( % ) = Number of Vacant Positions in employee group x 100 Total Number of Authorized Positions The following table summarizes the City’s vacancy rate by employee group as of May 23, 2025.

Employee Group Authorized
Positions
Vacant
Positions
Vacancy
Rate
Executive Management 11 1 9 %
Management 19 2 11 %
MCCEA (Confidential) 36 3 8 %
Teamsters (General) 68 13 19 %
MPOA (Police) 49 2 4 %
MFFA (Fire) 22 1 5 %
City Overall 205 22 11 %
No bargaining unit currently meets or exceeds the 20 percent vacancy threshold that would trigger the requirement for enhanced reporting under AB 2561. The City’s overall vacancy rate is currently 11 percent.

Recruitment Activity
Since July 1, 2024, the City has filled 43 vacancies for full–time positions. Vacancies within the City arise from a range of factors including retirements, internal promotions, resignations, and terminations.

During this fiscal year, the City has run 20 recruitments for full–time positions. Seven are continuous open recruitments for filling positions that often experience attrition (Entry/Lateral Police Officer, Entry/Lateral Firefighter/Paramedic, Entry/Lateral Police Dispatcher, and Building Official). Of the remaining 13 recruitments, five have been in– house promotional opportunities and eight have been open recruitments.

Staff reviewed 1,888 applications for open recruitments, demonstrating consistent interest in the City’s employment opportunities. However, a high volume of applications does not always indicate a strong pool of qualified candidates. The City often receives applications from across the country and internationally, many of which are from individuals seeking remote–only roles or from candidates who do not meet minimum qualifications. Additionally, some qualified candidates choose not to proceed in the recruitment process due to not wanting to relocate, or their current job makes a counter– offer for them to stay with their agency.

MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 40 of 348 Employee Separations
During the 2024–25 Fiscal Year, 19 full–time employees separated from the City of Montclair. The reasons for departure from the City over this period included accepting lateral or higher–level positions within other agencies; transitioning to the private sector; resigning without securing alternative employment; returning to school full–time; or separating by termination or retirement.

Employee Retention
Employee retention remains a central focus of the City’s workforce strategy. The City has implemented several initiatives designed to improve employee satisfaction, promote longevity, and enhance professional growth. These efforts include:
 Periodic reviews of compensation and benefit comparisons with survey cities to remain competitive;
 Providing employees with a comprehensive benefits package;  Initiating partnerships with local universities that offer discounted tuition for City employees, and an educational grant program that is available to employees seeking higher education;
 Offering ongoing professional development to employees through in–person and online training programs, including offerings from the California Insurance Pool Authority (CIPA), League of California Cities, and Liebert Cassidy Whitmore (LCW).

City data indicates that employees with shorter tenures are more likely to leave within their first few years of service. This reinforces the importance of robust onboarding and meaningful engagement strategies to support employee retention, job satisfaction, and long–term success.

Assessment of Internal Practices
The City continues to assess internal practices and workforce conditions to identify and address recruitment and retention challenges. Current areas of focus include:
 Performing exit interviews with departing employees to receive feedback about areas in which the City could improve job satisfaction;  Exploring new advertising methods and platforms, particularly for hard–to–fill positions;
 Ensuring that compensation and benefits remain competitive within survey cities;  Reviewing recruitment best practices and improving the onboarding experience— in 2022 the City moved from a fully paper to a digital recruitment platform to streamline the application process for applicants.

These ongoing efforts helps position the City to become an employer of choice, supports organizational resilience, and ensures the effective delivery of public services.

The City of Montclair is committed to maintaining a skilled and resilient workforce. This report and public hearing fulfill the requirements of AB 2561, and confirms that all bargaining units are below the 20 percent vacancy threshold. While vacancy levels remain below the threshold for enhanced reporting, the City will continue to monitor staffing trends, address recruitment challenges, and invest in workforce development.

MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 41 of 348 FISCAL IMPACT: Receiving and filing the City of Montclair Report on Vacancies for FY 2024–25 in compliance with AB 2561 would have no fiscal impact.

RECOMMENDATION: Staff recommends the City Council receive and file the City of Montclair Report on Vacancies for FY 2024–25 in compliance with AB 2561.

MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 42 of 348 Positions Exec. Mgmt. Management MCCEA Teamsters MPOA MFFA Total Authorized3 1 120 0 016
Active3 1 120 0 016
Vacant0 0 0 0 0 0 0
Positions Exec. Mgmt. Management MCCEA Teamsters MPOA MFFA Total Authorized1 0 5 0 0 0 6
Active1 0 5 0 0 0 6
Vacant0 0 0 0 0 0 0
Positions Exec. Mgmt. Management MCCEA Teamsters MPOA MFFA Total Authorized1 2 2 100 015
Active1 2 2 100 015
Vacant0 0 0 0 0 0 0
Positions Exec. Mgmt. Management MCCEA Teamsters MPOA MFFA Total Authorized1 4 6 17 49077
Active1 4 6 15 47073
Vacant0 0 0 2 2 0 4
The 2 unfilled positions in MPOA are Police Officers, and the 2 in Teamsters are Police Dispatcher and Police Services Specialist.

Positions Exec. Mgmt. Management MCCEA Teamsters MPOA MFFA Total Authorized1 4 2 0 0 22 29
Active0 4 2 0 0 21 27
Vacant1 0 0 0 0 1 2
The 1 unfilled Executive Management position is the Fire Chief.

Positions Exec. Mgmt. Management MCCEA Teamsters MPOA MFFA Total Authorized2 5 3 330 043
Active2 5 2 220 031
Vacant0 0 1 110 012
Positions Exec. Mgmt. Management MCCEA Teamsters MPOA MFFA Total Authorized1 2 3 8 0 0 14
Active1 1 2 8 0 0 12
Vacant0 1 1 0 0 0 2
Positions Exec. Mgmt. Management MCCEA Teamsters MPOA MFFA Total Authorized1 1 3 0 0 0 5
Active1 0 2 0 0 0 3
Vacant0 1 1 0 0 0 2
Positions Exec. Mgmt. Managers MCCEA Teamsters MPOA MFFA Total Authorized 11 19 36 68 49 22 205
Active 10 17 33 55 47 21 183
Vacant1 2 3 132 122
Vacancy Rate 9% 11% 8% 19% 4% 5% 11%

CITY OF MONTCLAIR
FY 2024–25 Report of Vacant Authorized Full–Time Positions The vacant position in MCCEA is Environmental Programs Supervisor, and the 11 in Teamsters are Project Manager, Public Works Inspector, Field Groundskeeper, Irrigation Specialist, and 6 Maintenance Workers.

Totals
Economic Development
Community Development
Public Works
The vacant Management position is Senior Management Analyst.

Fire Department
Police Department
Human Services
Administrative Services
City Manager
The vacant position in Management is Building Official and in MCCEA is Administrative Specialist.

MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 43 of 348

CITY COUNCIL

AGENDA REPORT
DATE: JUNE 16, 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 REPORTS REASON FOR CONSIDERATION: The City Council is requested to consider receiving and filing the City of Montclair Treasurer's Report for the months ending April 30, 2025 and May 31, 2025.

BACKGROUND: Included in the City Council’s agenda packet is a copy of the Treasurer's Reports for the periods ending April 30, 2025 and May 31, 2025.

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

RECOMMENDATION: Staff recommends the City Council receive and file the Treasurer's Reports for the months ending April 30, 2025 and May 31, 2025.

MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 44 of 348

CITY COUNCIL

AGENDA REPORT
DATE: JUNE 16, 2025
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 2
FILE I.D.: FIN540
DEPT.: FINANCE
PREPARER: A. VONG/V. FLORES
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTERS AND PAYROLL DOCUMENTATION REASON FOR CONSIDERATION: The City Council is requested to consider approval of the Warrant Registers and Payroll Documentation.

BACKGROUND: Mayor Pro Tem Martinez has examined the Warrant Registers dated May 19, 2025, June 2, 2025, and June 16, 2025; and the Payroll Documentation dated April 20, 2025, May 4, 2025, and May 18, 2025, and recommends their approval.

FISCAL IMPACT: The Warrant Register dated May 19, 2025, totals $3,583,605.68.

The Warrant Register dated June 2, 2025, totals $1,007,372.06.

The Warrant Register date June 16, 2025 totals $1,572,894.78 The Payroll Documentation dated April 20, 2025, totals $864,192.20 gross, with $608,210.88 net being the total cash disbursement.

The Payroll Documentation dated May 4, 2025, totals $894,762.21 gross, with $630,706.63 net being the total cash disbursement.

The Payroll Documentation dated May 18, 2025, totals $895,428.59 gross; with $635,500.11 net being the total cash disbursement.

RECOMMENDATION: Staff recommends the City Council approve the City Warrant Registers and Payroll Documentation.

MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 45 of 348

CITY COUNCIL

AGENDA REPORT
DATE: JUNE 16, 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 REPORTS 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 Reports for the months ending April 30, 2025 and May 31, 2025, 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 Reports for the periods ending April 30, 2025 and May 31, 2025.

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

RECOMMENDATION: Staff recommends the Successor Agency Board receive and file the Successor to the Redevelopment Agency Treasurer's Reports for the months ending April 30, 2025 and May 31, 2025.

MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 46 of 348

CITY COUNCIL

AGENDA REPORT
DATE: JUNE 16, 2025
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 4
FILE I.D.: FIN530
DEPT.: SA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTERS
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 months ending April 30, 2025 and May 31, 2025, pursuant to state law.

BACKGROUND: Vice Chair Martinez has examined the Successor to the Redevelopment Agency Warrant Register dated 04.01.25–04.30.25 in the amounts of $18,633.54; and the Successor to the Redevelopment Agency Warrant Register dated 05.01.25–05.31.25 in the amount of $4,981.22 for the Combined Operating Fund and $0.00 for the Redevelopment Obligation Retirement Funds, and finds it to be in order.

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

RECOMMENDATION: Vice Chair Martinez recommends the City Council as Successor to the Redevelopment Agency Board of Directors approve the Successor to the Redevelopment Agency Warrant Registers for the periods ending April 30, 2025 and May 31, 2025.

MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 47 of 348

CITY COUNCIL

AGENDA REPORT
DATE: JUNE 16, 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 REPORTS REASON FOR CONSIDERATION: The Montclair Housing Corporation Board of Directors is requested to receive and file the Montclair Housing Corporation Treasurer's Reports for the months ending April 30, 2025, and May 31, 2025, pursuant to state law.

BACKGROUND: Included in the Montclair Housing Corporation Board agenda packet is a copy of the Treasurer's Reports for the periods ending April 30, 2025 and May 31, 2025.

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 Reports for the months ending April 30, 2025 and May 31, 2025.

MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 48 of 348

CITY COUNCIL

AGENDA REPORT
DATE: JUNE 16, 2025
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 6
FILE I.D.: FIN545
DEPT.: MHC
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTERS
REASON FOR CONSIDERATION: The Montclair Housing Corporation Board of Directors is requested to consider receiving and filing the Warrant Registers for the months ending April 30, 2025 and May 31, 2025, pursuant to state law.

BACKGROUND: Vice Chair Martinez has examined the Warrant Register dated 04.01.25–

04.30.25 in the amount of $124,823.96; and Warrant Register dated 05.01.25–05.31.25 in the amount of $56,528.56, for the Montclair Housing Corporation and finds it to be in order.

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

RECOMMENDATION: Vice Chair Martinez recommends the Montclair Housing Corporation Board of Directors approve the Warrant Registers for the periods ending April 30, 2025 and May 31, 2025.

MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 49 of 348

CITY COUNCIL

AGENDA REPORT
DATE: JUNE 16, 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 REPORTS REASON FOR CONSIDERATION: The Montclair Housing Authority Commission is requested to receive and file the Montclair Housing Authority Treasurer's Reports for the months ending April 30, 2025 and May 31, 2025, pursuant to state law.

BACKGROUND: Included in the Montclair Housing Authority Commission’s agenda packet is a copy of the Treasurer's Reports for the periods ending April 30, 2025 and May 31, 2025.

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

RECOMMENDATION: Staff recommends the Montclair Housing Authority Commission receive and file the Treasurer's Reports for the months ending April 30, 2025 and May 31, 2025.

MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 50 of 348

CITY COUNCIL

AGENDA REPORT
DATE: JUNE 16, 2025
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 8
FILE I.D.: FIN545
DEPT.: MHA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTERS
REASON FOR CONSIDERATION: The Montclair Housing Authority Commission is requested to consider receiving and filing the Warrant Registers for the months ending April 30, 2025 and May 31, 2025, pursuant to state law.

BACKGROUND: Vice Chair Martinez has examined the Warrant Register dated 04.01.25–

04.30.25 in the amount of $0.00; and Warrant Register dated 05.01.25–05.31.25 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 Registers for the periods ending April 30, 2025 and May 31, 2025.

MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 51 of 348

CITY COUNCIL

AGENDA REPORT
DATE: JUNE 16, 2025
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 9
FILE I.D.: ANL700
DEPT.: ECONOMIC DEV.

PREPARER: M. FUENTES
SUBJECT: CONSIDER AUTHORIZING THE ADMISSION OF THE CITY OF CHINO HILLS AS A

MEMBER AGENCY OF THE ANIMAL RESOURCE CENTER OF THE INLAND EMPIRE JOINT

POWERS AUTHORITY
REASON FOR CONSIDERATION: The City Council is requested to consider the admission of the City of Chino Hills as a Member Agency of the Animal Resource Center of the Inland Empire (ARC) Joint Powers Authority (JPA).

A copy of the current ARC JPA agreement with the proposed amendment allowing the City of Chino Hills to join the ARC JPA is attached as Exhibit 1 for City Council review and consideration.

BACKGROUND: The Inland Valley Humane Society (IVHS) provides animal control, licensing and sheltering services to the cities of Chino, Chino Hills, Covina, Claremont, Diamond Bar, Glendora, La Verne, Montclair, Ontario, Pomona, San Dimas—and also provides sheltering services for the City of La Habra, and animal control services to the unincorporated areas of the west end of San Bernardino County.

In May 2024, city managers from several of the eleven cities contracting with IVHS for animal control, licensing and sheltering services met to discuss potential options related to the provision of these services in their respective communities, including formation of a JPA. These discussions coincided with communications regarding existing service agreements and contract renewals with IVHS.

In June 2024, several contracting cities transmitted a joint letter to the IVHS Board outlining “perceived” concerns regarding the management and delivery of services provided by IVHS.

In August 2024, the cities of Ontario and Chino established the West End Animal Services Agency (WEASA) JPA, with the goal of providing comprehensive animal control, licensing, and shelter services beginning July 1, 2025.

In September 2024, representatives from Chino, Chino Hills, Claremont, and Montclair shared their perceived concerns with the IVHS Board. As there was no indication from the IVHS Board of its intention to address these concerns following the meeting, the cities of Ontario and Chino continued with the development of WEASA, which was subsequently renamed the Animal Resource Center of the Inland Empire (ARC), to support animal control services. The City of Montclair submitted a letter of interest to join ARC in November 2024.

At its December 2024 meeting, the ARC Board recommended Montclair's admission to the JPA.

MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 52 of 348 In January 2025, the governing bodies of Ontario and Chino approved the admission of both Montclair and the unincorporated area of the west end of San Bernardino County as Member Agencies, contingent on approval by Montclair's City Council and the County Board of Supervisors, which was subsequently granted in February 2025.

Continuing the regional dialogue regarding animal services, the City of Chino Hills submitted a formal request to join the ARC JPA following a decision made by their City Council on April 22, 2025 to join ARC upon termination of their existing animal control services agreement with IVHS, which ends on June 30, 2027.

Per the ARC JPA Agreement, new members may only be admitted with the unanimous approval of the ARC JPA Board of Directors and subsequent approval by the governing body of each current member agency. The ARC JPA Board of Directors unanimously approved recommending the admission of the City of Chino Hills at their regular meeting on May 6, 2025. A copy of ARC Resolution ARC–011 signed by the ARC JPA Board Chair is attached as Exhibit 2. City and ARC Staff have reviewed the request from the City of Chino Hills and recommend approving the admission of Chino Hills into the ARC JPA. If approved by all current member agencies (Cities of Ontario, Chino, and Montclair, and County of San Bernardino), the ARC JPA would expand to a five–member agency.

FISCAL IMPACT: Approval of the admission of the City of Chino Hills into the ARC JPA would result in a change to the percentage of ownership and financial contribution of each member agency contributions.

The following Cost Model 1 demonstrates the percentage ownership and capital and operating costs under the current four–agency model.

Cost Model 1 — Four Agencies
Capital: $43.0 million
Operational: $ 6.4 million
Revenue: $ 1.4 million
Staffing: 34 Full–time – 4 Administrative; 16 Shelter; 14 Field Agency Percentage of
Ownership
Capital Contribution
(Approximate)
Annual Operational Contribution
(Approximate)
Ontario 58% $25,000,000 $2,900,000
Chino 28% $12,000,000 $1,400,000
Montclair 10% $ 4,300,000 $ 500,000
County 4% $ 1,700,000 $ 200,000
The following Cost Model 2 demonstrates the percentage ownership and capital and operating costs under a proposed five–agency model, should the City of Chino Hills be granted admission to the ARC JPA.

Cost Model 2 — Five Agencies
Capital: $45.0 million
Operational: $ 6.5 million
Revenue: $ 1.5 million
Staffing: 36 Full–time – 4 Admin; 16 Shelter; 16 Field
Agency Percentage of
Ownership
Capital Contribution
(Approximate)
Annual Operational Contribution
(Approximate)
Ontario 53% $23,850,000 $ 2,650,000
Chino 20% $ 9,000,000 $ 1,000,000
Chino Hills 15% $ 6,750,000 $ 750,000
Montclair 8% $ 3,600,000 $ 400,000
County 4% $ 1,800,000 $ 200,000
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 53 of 348 Specifically, Montclair's percentage share for ownership and capital contributions would decrease from 10 to 8 percent starting Fiscal Year 2025–2026 and Commencing in FY 2027–2028, Montclair's share of the annual operating costs would also decrease to 8 percent.

It should be noted that the previously approved capital contribution plan involved an initial $2 million payment (from 2021 Lease Revenue Bond Funds) towards the City of Montclair’s original $4.3 million (10 percent share) obligation, with the remainder financed over ten years. With the proposed reduction to an 8 percent share ($3.6 million), the initial payment covers a larger portion, and the remaining financed amount and subsequent quarterly payments would be decrease accordingly if capital costs are to remain the same.

RECOMMENDATION: Staff recommends that the City Council authorize the admission of the City of Chino Hills as a member agency of the Animal Resource Center of the Inland Empire Joint Powers Authority.

MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 54 of 348

CITY COUNCIL

AGENDA REPORT
DATE: JUNE 16, 2025
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 10
FILE I.D.: LDA210
DEPT.: ECONOMIC DEV.

PREPARER: M. FUENTES
SUBJECT: CONSIDER ACCEPTANCE OF GRANT DEED NO. 1690 FOR REAL PROPERTY

ACQUISITION FROM MONTCLAIR STATION APARTMENTS LLC TO ALLOW FOR THE CONSTRUCTION OF THE GOLD LINE LIGHT RAIL SYSTEM (APN 1007–722–03),

SUBJECT TO ANY REVISIONS DEEMED NECESSARY BY THE CITY ATTORNEY CONSIDER AUTHORIZING STAFF TO RECORD GRANT DEED NO. 1690 WITH THE

OFFICE OF THE SAN BERNARDINO COUNTY RECORDER
REASON FOR CONSIDERATION: The City Council is requested to consider acceptance of Grant Deed No. 1690 for real property acquisition from Montclair Station Apartments LLC to allow for the construction of the Gold Line Light Rail System (APN 1007–722–03).

Grant deeds for properties and easements are subject to City Council approval.

A copy of proposed Grant Deed No. 1690 is attached for City Council’s review and consideration.

BACKGROUND: The Montclair Station Apartments LLC is granting to the City of Montclair certain real property located in the City of Montclair, County of San Bernardino, identified as APN 1007–722–03. The purpose of the Grant Deed is to acquire property that is necessary in order to allow for the construction of the Gold Line Light Rail System along the southern edge of the property owned by Montclair Station Apartments LLC. The amount of property “in–fee” that will be conveyed to the City of Montclair via the Grant Deed is roughly 18,358 sq. ft.

A full legal description and a depiction of the property are attached to the Grant Deed as Exhibit A and Exhibit B, respectively.

FISCAL IMPACT: The acceptance of Grant Deed No. 1690 would have no fiscal impact to the City. Without the acceptance of the grant deed, the City would not obtain legal "in–fee" title to the property.

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

1. Accept Grant Deed No. 1690 for real property acquisition from Montclair Station Apartments LLC to allow for the construction of the Gold Line Light Rail System (APN 1007–722–03), subject to any revisions deemed necessary by the City Attorney; and

2. Authorize staff to record Grant Deed No. 1690 with the Office of the San Bernardino County Recorder.

MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 55 of 348

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City of Montclair
Economic Development Dept.

Attn: Mikey Fuentes
5111 Benito Street
Montclair, California 91763
Taxation Code 11922, DTT - $0;
Govt. Code 6103
APN:1007-722-03 Space above this line for Recorder’s Use GRANT DEED NO. 1690
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Montclair Station Apartments LLC, a Delaware limited liability corporation (“Grantor”)
Hereby GRANTS to City of Montclair, a California municipal corporation (“Grantee”), that certain real property “in-fee” located in the City of Montclair, County of San Bernardino, California as described in Exhibit A attached hereto and incorporated herein by reference as depicted on Exhibit B attached hereto and incorporated herein by reference.

GRANTOR: Montclair Station Apartments LLC
Name: ________________________________
Title: _________________________________
Date: _________________________________
GRANTEE: CITY OF MONTCLAIR
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 56 of 348 MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 57 of 348 MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 58 of 348

CITY COUNCIL

AGENDA REPORT
DATE: JUNE 16, 2025
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 1
FILE I.D.: EQA026
DEPT.: ECONOMIC DEV.

PREPARER: M. FUENTES
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 25–20 WITH RINCON CONSULTANTS, INC TO PROVIDE GENERAL GEOGRAPHIC INFORMATION SYSTEM SERVICES ON AN AS–

NEEDED BASIS, SUBJECT TO ANY REVISIONS DEEMED NECESSARY BY THE CITY

ATTORNEY
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 25–20 with Rincon Consultants, Inc. (Rincon) to provide professional services related to the development, implementation, and administration of a Geographic Information System (GIS) for the City, including base data development, map exhibit preparation, and web application creation.

A copy of proposed Agreement No. 25–20 with Rincon Consultants, Inc. is attached for the City Council’s review and consideration.

BACKGROUND: Geographic Information Systems are essential for modern municipal operations, enabling cities to manage, analyze, and visualize location–based data to support planning, public works, economic development, public safety, and informed decision–making. Currently, the City of Montclair has limited GIS capabilities, often relying on static maps or disparate datasets.

There is a recognized need to implement a centralized, robust GIS system to improve operational efficiency, enhance data accessibility for staff and the public, and provide standardized, high–quality map exhibits for various City functions, including Planning Commission and City Council meetings.

To address this need, staff sought to identify a qualified firm to assist in developing and implementing a comprehensive GIS framework utilizing industry–standard technology.

The goal is to establish a cloud–based GIS platform (Esri ArcGIS Online), develop foundational datasets critical to City operations, create standardized map templates and exhibits, and deploy user–friendly web applications for data access and visualization.

DEVELOPMENT OF GIS SYSTEM AND RELATED SERVICES
Staff identified Rincon Consultants, Inc. as a well–qualified firm specializing in GIS services for California municipalities. Rincon possesses extensive experience in GIS system design, data management, spatial analysis, and enterprise GIS implementation for numerous cities and public agencies. Additionally, staff has utilized the services of Rincon Consultants, Inc. as part of the General Plan Update, Corridors Code, and Arrow Highway Mixed Use District Specific Plan adoption process for the preparation of maps and exhibits.

MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 59 of 348 Key services covered by proposed Agreement No. 25–20 with Rincon include the following:
 Needs Assessment: Conduct a comprehensive review of the City’s current systems and data relative to desired outcomes, identify opportunities for GIS integration, and provide recommendations for implementation.  ArcGIS Online Setup and Administration: Establish and administer the City’s Esri ArcGIS Online organizational account, users, and groups for one year.  Base Dataset Development: Create or modify up to six essential GIS datasets (e.g., Zoning, General Plan Land Use, Parcels) consistent with City needs identified in the Needs Assessment.
 Exhibit Preparation: Develop standardized City map templates and prepare up to 20 map exhibits as requested by staff for meetings and reports.  ArcGIS Online Web Applications: Develop up to two web–based map applications (internal or public–facing) to provide interactive access to City data.  Project Management and Meetings: Provide overall project management and attend necessary meetings (up to 8) to ensure successful project implementation.

Rincon Consultants
Rincon Consultants, Inc. is recognized as a well–qualified firm tailored for California municipalities, with extensive experience and a dedicated GIS team comprised of 20 professionals who bring over 150 years of combined experience to their projects. Rincon Consultants has a proven track record, having partnered with various California cities such as La Quinta, Marina, Long Beach, Rancho Mirage, and San Luis Obispo on GIS development initiatives.

FISCAL IMPACT: Proposed Agreement No. 25–20 would authorize staff to retain the services of Rincon Consultants, Inc. for a total amount not to exceed $37,962 payable from the Economic Development Agency Asset Fund.

While this agreement covers Rincon's professional services, the City will be responsible for separate ongoing annual software licensing costs for the Esri ArcGIS Online platform, payable directly to Esri. Staff will work with Rincon to ensure the City selects the most cost–effective licensing option based on the Needs Assessment.

RECOMMENDATION: Staff recommends the City Council approve Agreement No. 25–20 with Rincon Consultants, Inc. to provide general geographic information system services on an as–needed basis, subject to any revisions deemed necessary by the City Attorney.

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CITY OF MONTCLAIR

AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT is made and effective as of June 16, 2025 between the City of Montclair, a California Municipal Corporation ("City") and Rincon Consultants, Inc. a California corporation ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on June 16, 2025 and shall remain and continue in effect until modified by the parties or terminated pursuant to the provisions of this Agreement.

2. SERVICES
The parties intend Consultant to assist the City with general geographic information system (GIS) services. Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.

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

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

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

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(b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. (c) Consultant will submit invoices monthly for actual services performed. Said invoices shall detail all costs, rates and hours for individual tasks. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month.

Payment shall be made within thirty (30) days of receipt of each invoice as to all non–disputed fees. If the City disputes any of the Consultant’s fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. (d) Consultant agrees that, in no event shall City be required to pay to Consultant any sum in excess of ninety–five percent (95%) of the maximum payable hereunder prior to receipt by City of all final documents, together with all supplemental technical documents, as described herein acceptable in form and content to City. Final payments shall be made no later than sixty (60) days after presentation of final documents and acceptance thereof by City.

6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement. Consultant also may terminate this Agreement by serving upon the City at least thirty (10) days prior written notice.
(b) In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant on a pro–rata basis the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 5(c).

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7. DEFAULT OF CONSULTANT
(a) The Consultant’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant’s control, and without fault or negligence of the Consultant, it shall not be considered a default.
(b) If the City Manager or his/her delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

8. OWNERSHIP OF DOCUMENTS
(a) Consultant shall maintain complete and accurate records with respect to time, sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement.

Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement.

Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. (b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, claims, applications, computer files, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant’s office and upon reasonable written request by the City, the necessary computer MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 63 of 348 Agreement No. 25-20

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software and hardware for purposes of accessing, compiling, transferring and printing computer files. Notwithstanding the above, computer software (including without limitation financial models, compilations of formulas and spreadsheet models), prepared by Consultant are Instruments of Service of Consultant and shall remain the property of Consultant. Consultant shall likewise retain all common law, statutory and other reserved rights, including the copyright thereto.

9. INDEMNIFICATION
(a) Defense, Indemnity and Hold Harmless. Consultant shall defend, indemnify, and hold harmless the City, its present and former officers, directors, employees, agents, staff, volunteers, mayor, council, boards, committees, and representatives, as broadly interpreted (collectively, the “Indemnified Parties”), of and from all claims, suits, demands, obligations, losses, damages, sums, or any other matters threatened or presently asserted, including but not limited to all legal fees, costs of defense and litigation expenses (including legal fees, expert fees and any other costs or fees, including those of adverse parties imposed on or sought against the Indemnified Parties), arising directly or indirectly out of any liability or claim of loss or liability for personal injury, bodily injury to persons, contractual liability, errors or omissions, breach, failure to perform, damage to or loss of property, or any other loss, damage, injury or other claim of any kind or nature arising out of the work to be performed by Consultant herein, caused by or arising out of the negligent acts or omissions, or intentional misconduct of Consultant, including its subcontractors, subconsultants, employees, agents, and other persons or entities performing work for Consultant.
(b) Contractual Indemnity. To the fullest extent permitted under California law, Consultant shall contractually indemnify, defend and hold harmless the Indemnified Parties from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, amounts for good faith settlement, or costs of any kind, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees and costs), arising out of or related to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to Consultant’s officers, agents, representative, employees, independent contractors, subcontractors, subconsultants, or affiliated or related entities and/or its or their employees, agents and representatives, caused by or arising out of all negligent acts or omissions, or intentional misconduct of Consultant, including its subcontractors, subconsultants, employees, agents and other persons or entities performing work for Consultant. Indemnification shall include any claim that Consultant, or Consultant’s employees or agents, are or may be considered and treated as employees of the City or are entitled to any employee benefits from City including but not limited to those available MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 64 of 348 Agreement No. 25-20

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under Public Employees Retirement Law. The obligation to indemnify, defend and hold harmless the Indemnified Parties shall apply to all liability as defined above regardless of whether the Indemnified Parties were or are alleged to have been negligent, except that it shall not apply to claims arising from the sole negligence or willful intentional misconduct of the Indemnified Parties. Consultant’s obligation to defend the Indemnified Parties is not contingent upon there being an acknowledgement of or determination of the merit of any claims, liability, demands, causes of action, suits, losses, expenses, errors, omissions and/or costs. (c) Subcontractors/Subconsultants and Indemnification. Consultant agrees to and shall obtain executed indemnity agreements in favor of the Indemnified Parties with provisions identical to those set forth from each and every Subcontractor, Sub consultant, or other person or entity involved by, for, with, or on behalf of Consultant in the performance of any aspect of this Agreement. In the event Consultant fails to obtain such indemnity obligations, Consultant shall be fully responsible for each and every Subcontractor, Subconsultant or other person or entity in terms of defense, indemnity and hold harmless obligations in favor of the Indemnified Parties as set forth above. This obligation to indemnify and defend the Indemnified Parties is binding on the successors, assigns, or heirs of Consultant and shall survive the full performance or termination of this Agreement. These indemnification provisions are independent of and shall not in any way be limited or superseded by the insurance requirements and insurance–related provisions of this Agreement.
(d) City Lost or Damaged Property – Theft. Consultant further agrees to pay or cause to be paid to the Indemnified Parties’ benefit, any and all damages, fines, penalties, and loss or theft of property of the City arising out of or related in any way to the negligent acts or omissions or intentional misconduct of Consultant or of Consultant’s officers, agents, representatives, employees, independent contractors, subcontractors or affiliated or related entities and/or its or their employees, agents and representatives, whether such actions, omissions to act, negligence or intentional conduct is or was authorized by this Agreement or not. City assumes no responsibility whatsoever for any property placed on the premises of City. Consultant further agrees to waive all rights of subrogation against the Indemnified Parties.
(e) Non–Waiver and Non–Exhaustion of City’s Further Rights and Remedies. No aspect of this provision shall in any way limit or effect the rights of the Indemnified Parties against the Consultant under the terms of this Agreement or otherwise. The indemnification provisions shall apply regardless of whether this Agreement is executed after Consultant begins the work and shall extend to claims arising after this Agreement is performed or terminated, including a dispute as to the termination of Consultant. The indemnity obligations of Consultant shall continue until it is determined by final judgment that the claim against the City and any MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 65 of 348 Agreement No. 25-20

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Indemnified Parties is determined by final judgment and after exhaustion of any rights of appeal. Further, no aspect of this provision shall impact the City’s rights to contribution from Consultant, or for the City to dispute Consultant’s refusal to defend and indemnify City.
(f) Limitations on Scope of Indemnity. Notwithstanding the foregoing, Consultant shall not be responsible for indemnification for claims or losses caused by the sole negligence or intentional wrongdoing of Indemnified Parties. Further, the indemnity provided shall be interpreted as broadly as permitted under California law and as to agreements between parties and shall if required be reformed to be consistent with those laws to protect and save this provision for the protection of the Indemnified Parties. (g) The obligations of Consultant under this or any other provision of this Agreement shall not be limited by the provisions of any workers’ compensation act or similar act. The Consultant expressly waives any statutory immunity under such statutes or laws as to the Indemnified Parties. The Consultant’s indemnity obligation set forth in this Section 9 shall not be limited by the limits of any policies of insurance required or provided by the Consultant pursuant to this Agreement.
(h) The Consultant’s covenant under this Section 9 shall survive the expiration or termination of this Agreement.

10. INSURANCE
The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
(a) Types of Required Coverages
Without limiting the indemnity provisions of the Contract, the Consultant shall procure and maintain in full force and effect during the term of the Contract, the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(1) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 00 01, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $2,000,000 per occurrence, and $4,000,000 aggregate total bodily injury, personal injury, and property damage.

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(2) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1), including owned, non–owned and hired autos, or the exact equivalent, with minimum limits of $1,000,000 for bodily injury and property damage, each accident. If Contractor owns no vehicles, auto liability coverage may be provided by means of a non–owned and hired auto endorsement to the general liability policy. Automobile liability insurance and endorsements shall be kept in force at all times during the performance of this Agreement. (3) Workers’ Compensation: Workers’ Compensation Insurance, as required by the State of California and Employer’s Liability Insurance with a limit of not less than $1,000,000 each accident for bodily injury and $1,000,000 each employee for bodily injury by disease. (4) Professional Liability: Professional Liability insurance with limit of not less than $2,000,000 each claim. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusion that may potentially affect the work to be performed.
(b) Endorsements
Insurance policies shall not be in compliance if they include any limiting provision or endorsement. The insurance policies shall contain, or be endorsed to contain, the following provisions:
(1) Commercial General Liability
Additional Insured: The City, its elected officials, officers, employees, volunteers, boards, agents and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or operations. Coverage for the additional insureds shall apply to the fullest extent permitted by law.

Additional Insured Endorsements shall not:

1. Be limited to “Ongoing Operations”

2. Exclude “Contractual Liability

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

4. Exclude “Third–Party–Over Actions”

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

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

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

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

The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 68 of 348 Agreement No. 25-20

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extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. (f) Deductible or Self–Insured Retention
Any deductible or self–insured retention must be approved in writing by the City and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self–insured retention. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self–insured retention may be satisfied by either the Consultant or the City.
(g) Contractual Liability/Insurance Obligations
The coverage provided shall apply to the obligations assumed by the Consultant under the indemnity provisions of this Agreement. The insurance obligations under this Agreement shall be: (1) all the insurance coverage and/or limits carried by or available to the Consultant; or (2) the minimum insurance coverage requirements and/or limits shown in this Agreement; whichever is greater. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits, which are applicable to a given loss, shall be available to the City.

No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of the Consultant under this Agreement.
(h) Failure to Maintain Coverage
Consultant agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City. The City shall have the right to withhold any payment due Consultant until Consultant has fully complied with the insurance provisions of this Contract. In addition, the City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may take out the necessary insurance and pay, at Consultant’s expense, the premium thereon.

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

Best’s rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 69 of 348 Agreement No. 25-20

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

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

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

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12. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section.

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

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

15. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, responses to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City.

Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena.

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(b) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, requests for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Consultant. However, City’s right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
(c) Consultant shall comply with all applicable federal, state and local Conflict of Interest laws, including the Political Reform Act (California Government Code, Section 81000, et. seq.) and California Government Code, Section 1090, et. seq. Consultant covenants that neither he/she nor any officer or principal of their firm have any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder. Consultant further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent or subconsultant.

Consultant further covenants that Consultant has not contracted with nor is performing any services, directly or indirectly, with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area and further covenants and agrees that Consultant and/or its subconsultants shall provide no service or enter into any agreement or agreements with a/any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area prior to the completion of the work under this Agreement. Further, Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to the City as a result of the performance of this Agreement, or the services that may be procured by the City as a result of the recommendations made by the Consultant. The Consultant’s covenant under this Section shall survive the termination of this Agreement.

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

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To City: Mikey Fuentes, Dir. of Economic Development
City of Montclair
5111 Benito Street
Montclair, CA 91763
To Consultant: Jon Montogomery, Dir. of Data & Technology City of Los Angeles
250 East 1st Street, Suite 1400
Los Angeles, CA 90012

17. ASSIGNMENT AND SUBCONTRACTING
The Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, nor any monies due hereunder, without prior written consent of the City. The City’s consent to an assignment of rights under this Agreement shall not release the Consultant from any of its obligations or alter any of its obligations to be performed under this Agreement. Any attempt at assignment or delegation by the Consultant in violation of this Section 17 shall be void and of no legal effect and shall constitute grounds to terminate this Agreement for cause. The Consultant shall not subcontract any performance required under this Agreement without the City’s prior written consent.

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

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

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

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

22. CONFIDENTIALITY
Information and materials obtained by the Consultant from City during the performance of this Agreement shall be treated as strictly confidential and shall not be used by the Consultant for any purpose other than the performance of this Agreement. Consultant’s covenant under this Section shall survive the expiration or termination of this Agreement.

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

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

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

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

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

MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 74 of 348 Agreement No. 25-20

Page 15 of 16 ends

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

29. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument.
[Signatures on Following Page]
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 75 of 348 Agreement No. 25-20

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

CITY CONSULTANT
City of Montclair Rincon Consultants, Inc.

By: By:

Javier John Dutrey, Mayor Jon Montogomery,
Director of Data & Technology
Attest:

By:

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

By:

Diane E. Robbins, City Attorney
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 76 of 348

CITY COUNCIL

AGENDA REPORT
DATE: JUNE 16, 2025
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 2
FILE I.D.: SEW080
DEPT.: COMMUNITY DEV.

PREPARER: S. GUTIERREZ
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 25–21–I–114, AN IRREVOCABLE ANNEXATION AGREEMENT WITH SPSSM INVESTMENTS–IX LP FOR 11115 CENTRAL AVENUE, ONTARIO, CA 91762 (APN 1011–501–07–0000), SUBJECT TO ANY REVISIONS DEEMED NECESSARY BY THE CITY ATTORNEY (CASE NO. 2025–13) REASON FOR CONSIDERATION: A request has been submitted to permit the connection of a property (11115 Central Avenue, Ontario, CA 91762) located outside the City’s boundaries to the City’s sewer system, which requires an Irrevocable Annexation Agreement (IAA) subject to City Council approval.

Therefore, the City Council is requested to consider approval of Agreement No. 25–21– I–114, an Irrevocable Annexation Agreement with SPSSM Investments–IX LP at 11115 Central Avenue, Ontario, CA 91762 (APN 1011–501–07–0000) (Case No. 2025–13), subject to any revisions deemed necessary by the City Attorney.

A copy of the proposed Irrevocable Annexation Agreement (IAA) is attached for the City Council’s review and consideration.

BACKGROUND: Proposed IAA No. 25–21–I–114 would allow the owners of the property located in an unincorporated area of San Bernardino County to connect to the eight–inch diameter sanitary sewer line owned and maintained by the City of Montclair, which is located on Howard Street adjacent to the property’s northern street frontage. The property is approximately 0.29 acres in size, was developed in 1953, and currently includes three residential units in two structures (i.e., a duplex building and a separate freestanding unit), each with an attached single–car garage structure (Exhibit A). This sewer connection is being requested and is necessary due to the failure of the existing septic tank serving the property.

The IAA requires that the property be annexed to the City when feasible at a future date.

If approved by the City Council, the IAA will also require approval from the Local Agency Formation Commission (LAFCO). The proposed IAA and sewer connection request is consistent with City policies and complies with all applicable City regulations. Following City Council and LAFCO approvals, the IAA is recorded against the property and becomes binding on future owners, heirs, successors, and assigns. Staff recommends that the City Council approve the proposed agreement to facilitate the connection of the subject property to the City’s sewer system.

FISCAL IMPACT: The proposed Irrevocable Annexation Agreement would pose no fiscal impact on the City’s General Fund at this time, but will have a positive impact when the property is connected to the sewer and begins to pay for sewer service.

RECOMMENDATION: Staff recommends that the City Council approve Agreement No. 25–21–I–114, an Irrevocable Annexation Agreement with SPSSM Investments–IX LP for 11115 Central Avenue, Ontario, CA 91762 (APN 1011–501–07–0000), subject to any revisions deemed necessary by the City Attorney (Case No. 2025–13).

MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 77 of 348

EXHIBIT A
Case No. 2025-13
Agreement No. 25-21-I-114

Project Address:
11115 Central Avenue
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 78 of 348 Recording Requested by:

City of Montclair
When Recorded Mail To:

Silvia Gutiérrez, Senior Planner
City of Montclair
5111 Benito Street, P.O. Box 2308
Montclair, CA 91763
This Space for Recorder’s Use Only
FREE RECORDING PURSUANT TO GOVERNMENT CODE §27383
AGREEMENT NO. 25-21-I-114

AN IRREVOCABLE AGREEMENT TO ANNEX

TO THE CITY OF MONTCLAIR

SPSSM INVESTMENTS-IX LP
11115 CENTRAL, ONTARIO, CA 91762
(APN 1011-501-07-0000)
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 79 of 348

Page 1 of 3 ends

AGREEMENT NO. 25-21-I-114

AN IRREVOCABLE AGREEMENT TO ANNEX

TO THE CITY OF MONTCLAIR

SPSSM INVESTMENTS-IX LP
11115 CENTRAL AVENUE, ONTARIO, CA 91762
(APN 1011-501-07-0000)
This agreement is entered into this day of , 2025, between SPSSM Investments-IX LP, hereinafter referred to as "Owner," and the City of Montclair hereinafter referred to as "City."
WHEREAS, Owner is the legal property owner of the real property located at 11115 Central Avenue, Ontario, CA 91762, the land referred to herein below (hereinafter “the subject property”), as referred to by the San Bernardino County Tax Assessor Parcel Number (APN) 1011-501-07-0000, and is further described as follows:

The North 3 acres of Lot 1, Block 25, Monte Vista Tract No. 2, in the County of San Bernardino, State of California, as per map recorded in Book 16, Page(s) 33 of maps, in the Office of the County Recorder of said County.

Excepting the South 180 feet thereof; Excepting the North 80 feet of the South 260 feet of the West 154 feet thereof; Excepting the East 70 feet of the North 3 acres thereof, except the South 180 feet thereof; Excepting the East 70 feet of the West 224.24 feet of the North 196.61 feet of Lot 1.

Excepting therefrom portion of property disclosed in Final Order of Condemnation with case number CIVRS 1103475 recorded June 6, 2012 as instrument no. 2012-0223736, of official records.

WHEREAS, the subject property is approximately 0.29-acres in total size, and located within unincorporated San Bernardino County and the Sphere of Influence of the City of Montclair; and
WHEREAS, according to the County of San Bernardino Tax Assessor’s Office, the property records show a developed land; and
WHEREAS, the owner desires to connect three existing residential units in two structures (i.e., a duplex with attached one-car garages and a separate freestanding unit with an attached single car garage) to a City-owned sewer line. All structures currently situated on the property were constructed in 1953; and
WHEREAS, the existing on-site septic tank is failing and threatening to create a potential health and safety concern; and
WHEREAS, the Owner desires to connect the property as described above to the sanitary sewer system in Howard Street, which is owned and maintained by the City of Montclair; and
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 80 of 348 Irrevocable Annexation Agreement 25-21-I-114

Page 2 of 3 ends

WHEREAS, the City is willing to allow a connection to said sanitary sewer system if a request is made at the earliest possible time to annex to the City of Montclair; and WHEREAS, Owner desires to annex to the City of Montclair; and WHEREAS, the City intends to pursue annexation of Owner’s property, but said annexation would cause a delay in connecting to said sewer line, which would create a substantial hardship for Owner of said property; and
WHEREAS, the agreements, conditions, and covenants contained herein are made for the direct benefit of the land subject to this Agreement and described herein and shall create an equitable servitude upon the land and operate as a covenant running with the land for the benefit of the Owner of the land and his/her heirs, successors, and assigns.

NOW, THEREFORE, the party do agree as follows:

1. Owners do hereby give irrevocable consent to annex to the City of Montclair at such time as the annexation may be properly approved through appropriate legal proceedings, and Owners do further agree to provide all reasonable cooperation and assistance to the City in the annexation proceedings. Said cooperation is contemplated to include signing any applications of consent prepared by the City and submitting any evidence reasonably within the control of the Owner to the various hearings required for the annexation. Said cooperation does not include, however, any obligation on behalf of the Owner to institute any litigation or judicial proceeding whatsoever to force annexation to the City.

2. The City of Montclair does hereby agree to allow a connection of said property to the sewer line owned by the City of Montclair, which is located in Howard Street, at such time as all applicable permits have been obtained and associated fees have been paid.

3. Owners agree to pay such annexation fees and costs and other municipal charges as would ordinarily be charged in the annexation of property to the City. Said fees shall be payable when the same becomes due and payable. (In some circumstances, these fees may be borne by the City.)

4. Owners shall pay all fees and charges and make all deposits required by the City to connect to and use the sewer, and Owners agrees to be bound by all City ordinances, rules, and regulations with respect to the sewer system. Owners agrees to pay monthly sewer charges beginning on the date the physical connection to the City’s sewer system is completed.

5. Owners shall be responsible for the maintenance and repair of the sewer lateral from the building, and/or structure to which the sewer lateral is connected to the public sewer main in the street or City easement. This responsibility includes both the portion of the sewer lateral on private property and the portion located beneath the street up to the point where the lateral connects to the public sanitary sewer main. Property owner’s responsibilities include maintenance and repair of the lateral, overflow cleanup, and damages to sewer main and/or pavement. The City may respond and take corrective MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 81 of 348 Irrevocable Annexation Agreement 25-21-I-114

Page 3 of 3 ends

action in the event of a sewage overflow from a lateral where there is an immediate threat to health or safety. However, the property owner shall be responsible for all costs incurred by the City.

6. Owners shall install any and all future improvements upon the said property to the City's standards, except that the County standard(s) shall apply when more restrictive than the City standard(s).

7. Owner shall execute this agreement on behalf of themselves, their heirs, successors, and assigns, and said agreement shall be irrevocable without the prior written consent of both parties hereto.

8. The benefit and responsibilities to the subject property shall inure to the benefit and responsibilities of subsequent owners, their heirs, successors, and assigns; and the agreements, conditions, and covenants contained herein shall be binding upon them and upon the land.

9. This agreement shall be recorded with the Office of the Recorder of the County of San Bernardino.

10. Owner shall provide any purchaser of the subject property with a copy of this Agreement.

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

CITY: OWNER:

CITY OF MONTCLAIR, CALIFORNIA SPSSM Investments-IX LP
John Javier Dutrey, Mayor Michael Preet S. Nijjar, President Date: Date:

ATTEST:

Andrea M. Myrick, City Clerk
Date:

APPROVED AS TO FORM:

Diane E. Robbins, City Attorney
Date:

MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 82 of 348

CITY COUNCIL

AGENDA REPORT
DATE: JUNE 16, 2025
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 3
FILE I.D.: HSV030
DEPT.: HUMAN SVCS.

PREPARER: A. SAHAGUN/ A. COLUNGA
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 25–22 WITH ONTARIO–MONTCLAIR SCHOOL DISTRICT TO SUPPORT THE MONTCLAIR AFTER–SCHOOL SUMMER

PROGRAM AT TWO SCHOOL SITES, SUBJECT TO ANY REVISIONS DEEMED NECESSARY

BY THE CITY ATTORNEY
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 25–22 with Ontario–Montclair School District (OMSD) to support the Montclair After–school Summer Program at two school sites.

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

In Spring 2025, OMSD began a competitive bidding process for their summer after– school programs. OMSD provided bidders with an estimated number of student attendance for each of the programs. The City of Montclair submitted a proposal and was awarded contracts to provide summer programming at the following school sites.

Per Student Daily
Rate
School Total
Enrollment
Estimated
Enrollment
Grades
TK/K
Estimated
Enrollment
Grades 1–8
Grades
TK/K
Grades
1–7
Total
Estimated
Costs
Kingsley ES (15 Days) 95 32 63 $17.90 $16.90 $ 24, 562.50 Lehigh ES (15 Days) 95 32 63 $17.90 $16.90 $ 24, 562.50 Total Estimated Funding $49, 125.00
FISCAL IMPACT: Should the City Council approve proposed Agreement No. 25–22, OMSD will provide funding at the following rates:
 Kingsley and Lehigh: $17.90 per student grades TK/K per day, and $16.90 per student grades 1–7 per day.

Funding will be used for personnel, training, supplies, and grant oversight. The term of proposed Agreement No. 25–22 is May 30, 2025, through July 25, 2026.

RECOMMENDATION: Staff recommends the City Council approve Agreement No. 25–22 with Ontario–Montclair School District to support the Montclair After–school Summer Program at two school sites, subject to any revisions deemed necessary by the City Attorney.

MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 83 of 348

AFTER-SCHOOL PROVIDER SERVICES SUMMER AGREEMENT

ONTARIO-MONTCLAIR SCHOOL DISTRICT
950 WEST "D" STREET  ONTARIO, CALIFORNIA 91762 (909) 459-2500 THIS AGREEMENT is made and entered into this 2nd day of May, 2025 by and between the Ontario-Montclair School DISTRICT, hereinafter referred to as the "DISTRICT," and CITY OF MONTCLAIR, hereinafter referred to as the “PROVIDER" to provide summer school program services to DISTRICT pupils. The parties hereby agree to the following terms:

1. SERVICES TO BE PERFORMED BY PROVIDER
PROVIDER agrees to operate the summer school programs every day during the summer school dates, in accordance with the policies and procedures by the DISTRICT, including the coordination of the academic assistance, homework support, and physical education and enrichment portions of the summer school program at each of the school sites (“Site”):
o SITE(S) (X)
 Kingsley Elementary School
 Lehigh Elementary School

2. TERM OF AGREEMENT
The term of this Agreement is from May 30, 2025 through July 25, 2026, unless sooner terminated pursuant to the provisions of Section 9 of this Agreement. DISTRICT and PROVIDER may mutually agree in writing to extend the term of this Agreement provided, however, DISTRICT shall not be obligated to pay PROVIDER any additional consideration unless PROVIDER undertakes additional services, in which instance the consideration shall be increased as DISTRICT and PROVIDER shall agree in writing.

3. PROVIDER RESPONSIBILITIES
PROVIDER agrees to the following in support of the summer school Program:
• PROVIDER will work collaboratively with DISTRICT and Sites to design and operate the summer school Program. The summer school Program shall include the academic components to promote participating students’ achievement and a range of services and programs to support the mental, physical, social and emotional development of participating students.
• PROVIDER shall designate a PROVIDER employee at each of the various schools to serve as liaison between the PROVIDER, the school Site, and the DISTRICT. For the purposes of this agreement, the individual liaison shall be deemed the “Site Coordinator”.

City of Montclair Agreement No. 25-22
OMSD Contract No: C-256-002C
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 84 of 348 o Site Coordinator shall maintain ongoing communication between PROVIDER staff and School Site staff regarding student needs and progress, including, but not limited to, attendance at school-day meetings and/or one-on-one meetings with teachers.
• PROVIDER will maintain a waiting list of students to ensure that vacancies are filled as soon as they occur. Site Supervisors will ensure priority enrollment to Foster Youth and McKinney Vento (Homeless) students in agreement with Grant requirements. • PROVIDER will cooperate in the recruiting and retaining of students to achieve the number of budgeted students to be served.
• PROVIDER, working with DISTRICT, shall ensure staffing sufficient to operate program and perform the requirements in accordance with the DISTRICT staffing ratios and the terms and conditions of the expanded learning opportunities program, relevant Education Code provisions, as applicable at each school throughout the 2025-2026 school year, including on days designated as “minimum” or “modified” days.
• Staffing ratios must minimally meet the 1:20 ratio for the ELOP requirements for Average Daily Attendance (ADA).
• PROVIDER shall submit to the DISTRICT a roster of PROVIDER’s staff at each Site to include contact information (work telephone, cellular phone, e-mail address). The initial roster is due to the DISTRICT prior to the start of the new school year and every first of the month thereafter.
• PROVIDER shall provide each program staff with a PROVIDER name photo identification badge and lanyard.
• PROVIDER shall provide all necessary training and supervision of staff to meet all contractual obligations.
• PROVIDER shall provide training to all agency staff in areas including but not limited to health and safety protocols from California Department of Education, California Department of Public Health, and the DISTRICT. • PROVIDER shall comply with the DISTRICT’s safety procedures, including but not limited to:
o PROVIDER shall develop and train PROVIDER’s staff and volunteers in emergency and disaster procedures aligned with the Site emergency disaster plan shall be provided by DISTRICT to PROVIDER upon execution of this MOU, including an evacuation and reunification plan for use during program hours.
o PROVIDER shall ensure that the disaster preparedness kit provided by the DISTRICT is maintained and stored in a locked cabinet.
o PROVIDER shall train staff and conduct the following emergency procedure drills per semester at each schools during program hours: fire, disaster, and lock down.
o PROVIDER shall complete the emergency preparedness drill log. PROVIDER shall report any injury or incident (i.e. an injury involving medical attention or involving police or social services, student leaving area for students under the direct supervision, student behaving inappropriately while participating in virtual activities) to the parent/guardian, school administrator, the Site’s Teacher on Assignment/Expanded Learning Opportunity Program Coordinator (“Site ELOP Coordinator”), the DISTRICT’s ELOP Coordinator, MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 85 of 348 and the PROVIDER administrative office within 24 hours of the incident, utilizing the DISTRICT’s incident report form or the injury report form. o In addition to the injury report form, all head injuries must be reported to the parent/guardian on the DISTRICT’s head injury report form. o Any severe incident/injury must be reported to the parent/guardian, school administrator, Site ELOP Coordinator, DISTRICT ELOP Coordinator, if available, and DISTRICT immediately.
o PROVIDER shall report all minor accidents or injuries on the DISTRICT designated form with one copy provided to the parent/guardian and one copy placed in the student’s file on campus.
• All PROVIDER staff shall be trained in positive behavior management, instructional, academic and enrichment activities aligned with the DISTRICT standards.

PROVIDER shall submit current training plan to the contract prior to the start of the new school year.
• PROVIDER shall ensure program staff conforms to appropriate professional conduct, which includes but is not limited to positive interaction with students, parent/guardians and school staff, use of personal cell phone and dress code. • PROVIDER certifies that all PROVIDER employees who work directly with pupils at the Site will have a TB test and live scan investigation, which consists of FBI and DOJ clearances, and at a minimum, meet the qualifications for an Instructional Aide (Ed Code 8483.4) prior to employment. PROVIDER shall provide verification to DISTRICT of such qualifications prior to assigning the employees to a Site. • PROVIDER assumes financial responsibility for PROVIDER staff taking or being placed on leave (i.e. sick leave, workers compensation, vacation, administrative leave).
• The PROVIDER certifies its employees who work directly with pupils at the Site will be trained in First Aid and CPR, Child Abuse/Mandated Reporting, Classroom Management, Curriculum, etc. prior to placement at the Site. • The PROVIDER shall ensure that all staff members who work directly with the pupils at the Site will be trained on and comply with child abuse and missing children reporting obligations and procedures under California law, including but not limited to, California Education Code Section 49370 and California Penal Code section 111666, et seq. prior to placement at the Site. PROVIDER shall adopt a written child abuse reporting procedure and provide annual training to all its employees regarding mandated reporting of child abuse and missing children.

The PROVIDER shall provide verification to the DISTRICT that all employees have received annual training. The PROVIDER warrants that all staff members will timely abide by such laws.
• The PROVIDER employees will work collaboratively with the Site in order to maximize program resources. This collaboration includes attending and supporting special events, program development, professional development and meetings.
• PROVIDER to provide training and professional development to employees assigned to the Site and DISTRICT program staff, as stated in the professional development plan, afterhours or on weekends.
• The PROVIDER acknowledges the DISTRICT’s right to institute a program audit with or without cause and agrees to provide best efforts in assisting in the DISTRICT’s completion of program audits.

MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 86 of 348 • The PROVIDER acknowledges the DISTRICT’s right to examine and audit all of PROVIDER books, records, documents, accounting procedures and practices and other evidence that reflect all costs claimed to have been incurred or fees claimed to have been earned under this Agreement.
• PROVIDER will make available to DISTRICT all budgetary information including operating budgets submitted for the relevant contract period being audited.

PROVIDER will make such evidence and documents available at the DISTRICT office at all reasonable times and without charge within 5 days of a written request from DISTRICT.PROVIDER will, at no cost to DISTRICT, provide assistance for such examination or audit.
• PROVIDER agrees to meet with each participating Site to determine their budget (based on NOT TO EXCEED amount in Exhibit A, modified by Site program staffing and costs), and will prepare and submit to the DISTRICT a detailed budget no later than May 30, 2025.
• PROVIDER will submit a completed Professional Development Plan for all staff including DISTRICT staff no later than May 30, 2025.
• PROVIDER shall exercise care when utilizing DISTRICT facilities or equipment. Any DISTRICT classroom or school equipment, which is established to have been damaged by the negligence or misconduct of PROVIDER’s staff, will be replaced or repaired at the expense of the PROVIDER. PROVIDER agrees to provide replacement for missing or damaged classroom materials and school equipment attributable to the negligence or misconduct of PROVIDER’s employees in classrooms and other areas utilized by PROVIDER. PROVIDER shall ensure facility space used by the program shall be clean and organized by program staff at each location.
• PROVIDER shall assist the Site Coordinator on the content and calendar for a monthly parent newsletter and calendar of activities and events for each assigned school and submit a copy to the DISTRICT no later than the first day of each month.
• PROVIDER shall conduct a minimum of two (2) family events annually at each school, which may be conducted during program hours. Such events may include student performances, or other celebratory themes. The goal of such events should be to build communication with parents/guardians and create stronger family involvement within the program. PROVIDER’s program staff shall work collaboratively with school staff to coordinate the events. PROVIDER shall submit a copy of the flyer detailing the event, prior to the event for distribution by Site staff.
• PROVIDER shall not permit staff to be on School campuses prior to the start time of the Program unless otherwise agreed upon between Site Principal and Site Supervisor.
• All Program services shall be completed by 5:30 p.m. and/or until the last student is picked up by the student’s designated parent and/or legal guardian. • Pupil discipline is the PROVIDER’S responsibility. PROVIDER will give written notice to the relevant School Principal of any pupil dismissed from the Program, and any incident involving physical injury to a pupil. PROVIDER shall not direct or discipline any pupil during compulsory school hours, except in exigent circumstances. • Work with the DISTRICT to implement a comprehensive annual program Evaluation Plan. As required, attend and participate in evaluation subcommittee meetings.

MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 87 of 348 Evaluation Plan shall include, but not be limited to, attendance tracking, collection of teacher, parent and participating student surveys, and data entry of survey results. Evaluations will be completed by PROVIDER in accordance with CDE guidelines and due dates.
• Regularly attend and participate in governance and operations meetings. • Provide monthly attendance reports and quarterly expenditure reports to the DISTRICT by the 15th of the month for the previous month; including all required documents and reports required by DISTRICT Food Services Department. a) Emergency Procedures. Program staff will hold quarterly Site emergency drills based on the complete Site emergency plan and related staff training at each of the Schools.

In the event an emergency occurs after any School office is closed, or during a period when the PROVIDER is hosting a special event, Site Supervisor will employ agreed-upon emergency and/or evacuation procedures. Site Supervisors must have student identification information, including emergency contact information, to be able to notify parents, police, medical support, and anyone else who might need to be contacted.
b) Staffing. PROVIDER shall, at PROVIDER’s own expense, employ such agents/assistants as PROVIDER deems necessary to perform the services required of PROVIDER by this Agreement. DISTRICT will not train, control, direct, or supervise PROVIDER’s assistants or employees in the performance of those services.

Each School’s Principal reserves the right to review the performance of the Program staff and make recommendations for changes as he/she sees fit to the PROVIDER, who will communicate on a monthly basis with certain individuals, to include and not limited to: the Schools’ Principals, City personnel and DISTRICT coordinator. All Program staff who directly supervises students must meet the minimum requirements for an instructional aide pursuant to the policies of the DISTRICT. Program staff must also meet the No Child Left Behind (NCLB) requirements of a highly qualified paraprofessional.

PROVIDER will recruit and train volunteers to lower the student/adult ratios, based on PROVIDER guidelines in the Program.
c) Independent Contractor. PROVIDER is, and shall at all times be deemed to be, an independent contractor and shall be responsible for determining the sequence, method, details and manner in which it performs those services required under the terms of this Agreement. Nothing herein contained shall be construed as creating a relationship of employer and employee, or principal and agent, between DISTRICT and PROVIDER or any of PROVIDER’s agents or employees. PROVIDER assumes exclusive responsibility for the acts of its employees or agents as they relate to services to be provided during the course and scope of their employment. PROVIDER, its agents and employees, shall not be entitled to any MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 88 of 348 rights and/or privileges of DISTRICT’s employees and shall not be considered in any manner to be DISTRICT’s employees.
d) Public Entity Employee. If PROVIDER is a regular employee of a public entity, all services which PROVIDER renders under this Agreement will be performed at times other than PROVIDER’s regular assigned work day for said entity or during periods of vacation or leave of absence from said entity, using PROVIDER’s own resources.

4. DISTRICT RESPONSIBILITIES
DISTRICT agrees to the following in support of the summer school program:
• Provide access to on-site indoor and outdoor facilities for the school program appropriate to the number of participants and activities. • Promote and foster a positive environment for the development of a successful site Program.
• Coordinate collaborative meetings with PROVIDER staff to discuss program goals and effectiveness.
• Provide a site summer school teacher/DISTRICT liaison for a portion of the Program hours.
• DISTRICT agrees to comply with all reasonable requests by PROVIDER and to provide access to all documents reasonably necessary for the performance of PROVIDER’s duties under this Agreement.
• DISTRICT and/or site(s) will provide PROVIDER with student identification information including student ID numbers, to be able to notify parents, police, medical support, and anyone else who might need to be contacted. • DISTRICT and/or site(s) reserve the right to make recommendations for appropriate placements for students and will work with Site Supervisors to coordinate services with other established programs, such as after-school academic interventions and other public agency programs/projects, and provide aligned services that meet the needs of the students and Grant requirements.
• Principals or their designees shall cooperate in the recruiting and retaining of students to achieve the number of budgeted students to be served. • DISTRICT and/or site(s) and PROVIDER will agree which facilities will be used for the Program. Facilities will include the MPR/cafeteria, classroom(s), computer lab, and other facilities the DISTRICT/site(s) and PROVIDER may agree are necessary.

Facilities may include the library and gym.
• DISTRICT and/or site(s) reserves the right to review the performance of the Program staff and make recommendations for changes as he/she sees fit and PROVIDER will communicate on a monthly basis with certain individuals, to include and not limited to: the Schools’ Principals, City personnel and DISTRICT coordinator. • DISTRICT agrees to comply with all reasonable requests by PROVIDER and to provide access to all documents reasonably necessary for the performance of PROVIDER’S duties under this Agreement. PROVIDER will abide by applicable federal and state laws, rules and regulations concerning the rights of privacy and/or confidentiality of any information provided by DISTRICT, including both student and personnel records.

MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 89 of 348 • The DISTRICT understands the difficulty staffing for this Program and may provide support to PROVIDER in addressing the necessary steps to meet the staffing expectations. The DISTRICT is not, however, taking on the responsibility of the PROVIDER to staff all Sites at appropriate staffing levels.

5. COMPENSATION
a) Compensation for Services. Except as otherwise provided in this Agreement, DISTRICT agrees to compensate PROVIDER for services rendered under this Agreement as detailed in Exhibit ‘A’.
b) Travel Expenses. DISTRICT will pay no additional amount for travel or other expenses of PROVIDER under this Agreement unless specified below under section 2(c). Should travel or other expenses be specified below, PROVIDER shall be entitled to the lesser amount of

1. The not to exceed amount stated, or

2. The actual amount expended. Supporting documentation for the authorized travel or other expenses shall be attached to this Agreement. c) Summary of Compensation
Services:

Total contract amount not to exceed: $49,125.
d) Retired STRS or PERS. If this Agreement is with an individual PROVIDER, PROVIDER shall notify the DISTRICT whether or not PROVIDER is a retired member of the California State Teacher's Retirement System (STRS) or the California Public Employees Retirement System (PERS). DISTRICT undertakes no responsibility to award contracts or hours in a way which protects PROVIDER’s retirement benefits. e) Income Tax. DISTRICT will not withhold any federal or state income tax for payment made pursuant to this Agreement but, if applicable, will provide PROVIDER with a statement of earnings at the end of each calendar year. PROVIDER is hereby advised that such statement of earnings shall, if required, be provided to the Internal Revenue Service and the State Franchise Tax Board. f) Documentation Required For Payment. Unless specified below, payment for services and travel shall be made by DISTRICT to PROVIDER after services/travel has been completed and PROVIDER submits documentation for payment (e.g.

PROVIDER invoice).

MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 90 of 348

6. GENERAL OBLIGATIONS OF PROVIDER
a) Services Performed. During the term of this Agreement, PROVIDER agrees to diligently prosecute the work specified in the "Services to be Performed by PROVIDER" to completion. PROVIDER may represent, perform services for, and be employed by such additional clients, persons, or companies as PROVIDER, in PROVIDER’s sole discretion, sees fit.
b) Use of DISTRICT Space and Resources.

DISTRICT and/or site(s) and PROVIDER will confer on which facilities will be used for the Program. Facilities may include the MPR/cafeteria, classroom(s), computer lab, and other facilities the DISTRICT/site(s) and PROVIDER may agree are necessary. Facilities may include the library and gym. PROVIDER staff shall ensure that the facilities and work areas used for the Program are left clean and tidy at the end of each day the Program is operated.
c) Regulatory Compliance. PROVIDER shall comply with all federal, state and local laws and ordinances applicable to the work to be performed under this Agreement.
d) Fingerprinting. PROVIDER shall comply with the requirements of Education Code section 45125.1 and Business and Professions Code section 18975 with respect to fingerprinting of employees and regular volunteers who may have any interaction with the DISTRICT’s pupils (whether such interaction is in person or electronic, and whether the interaction is through writing, voice or video). If at any time during the term of this Agreement PROVIDER is either notified by the Department of Justice or otherwise becomes aware that any employee of PROVIDER, including PROVIDER, performing services under this Agreement has been arrested or convicted of a violent or serious felony as defined in California Education Code Section 45122.1, PROVIDER agrees immediately to notify the DISTRICT and remove said employee from performing services on this Agreement. PROVIDER shall certify in writing to the DISTRICT that neither the PROVIDER nor any of its employees who are required by this section to submit or have their fingerprints submitted to the Department of Justice and who may come in contact with pupils have been convicted of a felony as defined in Education Code section 45122.1 (Exhibit X). e) Indemnification. PROVIDER shall indemnify, pay for the defense of, and hold harmless DISTRICT and its officers, agents and employees of and from any and all liabilities, claims, debts, damages, demands, suits, actions and causes of actions of whatsoever kind, nature or sort which may be incurred by reason of PROVIDER’s acts and/or omissions in rendering any services hereunder, including but not limited to the negligent or willful acts and/or omissions of PROVIDER’s employees and agents. PROVIDER shall assume full responsibility for payments of federal, state and local taxes or contributions imposed or required under the social security, workers' compensation or income tax law, or any disability or unemployment law, or retirement contribution of any sort whatever, concerning PROVIDER or any employee/agent of PROVIDER and shall further indemnify, pay MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 91 of 348 for the defense of, and hold harmless DISTRICT of and from any such payment or liability arising out of or in any manner connected with PROVIDER’s performance under this Agreement.
f) Insurance Requirements. During the entire term of this Agreement, PROVIDER shall procure, pay for and keep in full force and effect the following types of insurance:

1. General Liability Insurance.

2. Commercial general liability insurance, covering bodily injury liability, property damage liability and personal injury liability of PROVIDER with respect to the services provided by, or on behalf of, PROVIDER under this Agreement. The policy limits shall not be less than Two Million dollars ($2,000,000) per occurrence with a general aggregate limit of not less than Four Million dollars ($4,000,000).
a. The DISTRICT requires the Certificate of Liability Insurance to show the DISTRICT as the “Certificate Holder’ and “Additional Insured” on the PROVIDER’S general liability insurance policy. Requested wording in the “Description box” is as follows:

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

3. Auto Liability Insurance.

PROVIDER agrees that services in conjunction with this agreement will be conducted in PROVIDER’s office or at a DISTRICT school Site and PROVIDER will not drive Student in private or commercial vehicle to conduct assessments or conduct other business in conjunction with this agreement. Accordingly, commercial automobile insurance will not be required in conjunction with this agreement. Should PROVIDER need to provide services in conjunction with this agreement that do require Student transportation in a private or commercial vehicle, the DISTRICT and PROVIDER will mutually agree on services to be provided, and PROVIDER will provide insurance as follows:

Business auto liability insurance covering the use of "owned, non-owned and hired" autos by or on behalf of PROVIDER respect to the services to be performed under this Agreement. The policy limits shall not be less than One Million dollars ($1,000,000) per occurrence. The Auto Liability Insurance policy shall include waiver of subrogation via separate endorsement.

4. Workers' Compensation Insurance. This coverage is required unless PROVIDER provides written verification it has no employees. Coverage must be at least as broad as that which is required by the State of California, with Statutory Limits. PROVIDER must also maintain Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. Workers’ MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 92 of 348 compensation policy shall include waiver of subrogation via separate endorsement.

5. Sexual Molestation and/or Abuse. The general liability policy above may not contain an exclusion for coverage of claims arising from claims for sexual molestation or abuse. In the event that PROVIDER’s policy should have an exclusion for sexual molestation or abuse claims, then PROVIDER shall be required to procure a supplemental policy providing such coverage of not less than $2,000,000 per occurrence with an aggregate of not less than $4,000,000 for damages because of bodily injury by reason of negligent hiring and supervision.

6. Cyber Security Liability. Coverage for both electronic and non-electronic data breach of $1,000,000 per occurrence with an aggregate limit of not less than $2,000,000 and shall cover all of Company’s employees, officials and agents. Coverage shall apply to any dishonest, fraudulent, malicious or criminal use of Company or District’s computers or servers to affect, alter, copy, corrupt, delete, disrupt or destroy a computer system or to obtain financial benefit for any party; to steal, take or provide unauthorized access of electronic date, including publicizing confidential electronic data or causing confidential electronic data to be accessible to unauthorized persons; transfer of computer virus, Trojan horse, worms or any other type of malicious or damaging code; and for Third-Party Liability encompassing judgments or settlement and defense costs arising out of litigation due to a data breach and data breach response costs for customer notification and credit monitoring service fees.

The policies of insurance described above shall be carried with responsible and solvent insurance companies authorized to do business in the State of California. True and correct copies of all certificates of insurance reflecting the coverage required in Paragraph (4g.1-3) shall be provided to DISTRICT prior to the commencement of services under this Agreement. PROVIDER agrees that it shall not cancel or change the coverage provided by the policies of insurance described in Paragraph (4g.1-3) above without first giving the DISTRICT’s Chief Business Official, thirty (30) days prior written notice. Should any such policy of insurance be canceled or changed, PROVIDER agrees to immediately provide DISTRICT true and correct copies of all new or revised certificates of insurance.

The PROVIDER shall not commence performing any portion of the services until all required insurance has been obtained and certificates indicating the required coverage’s have been delivered in duplicate to DISTRICT. Certificates and insurance policies shall include the following:
• A clause stating: “This policy shall not be canceled or reduced in required limits of liability or amounts of insurance until notice has been mailed to DISTRICT, stating date of cancellation or reduction. Date of cancellation or reduction shall not be less than thirty (30) days after date of mailing notice.” MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 93 of 348 • Language stating in particular those insured, extent of insurance, location and operation to which insurance applies, expiration date, to whom cancellation and reduction notice will be sent, and length of notice period. • An endorsement stating that DISTRICT and its agents, representatives, employees, trustees, officers, consultants, and volunteers are named additional insureds under all policies except Workers’ Compensation Insurance, Professional Liability, and Employers’ Liability Insurance. An endorsement shall also state that PROVIDER’s insurance policies shall be primary to any insurance or self-insurance maintained by DISTRICT. • If the PROVIDER or PROVIDER’s subcontractor(s) maintains broader coverage and/or higher limits than the minimums shown above, DISTRICT requires and shall be entitled to the broader coverage and/or higher limits maintained by the PROVIDER. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to DISTRICT. • PROVIDER, or its subcontractors as the case may be, shall be responsible for payment of all deductibles on all insurances required to be furnished by DISTRICT or subcontractors.
• All policies shall be written on an occurrence form.

Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII, unless otherwise acceptable to DISTRICT.
g) Written Consent. Neither this Agreement nor any duties or obligations under this Agreement may be assigned or transferred by PROVIDER without the prior written consent of DISTRICT.

7. CHILD ABUSE, MANDATED REPORTER, AND CPR REQUIREMENTS:

PROVIDER shall ensure that all staff members who work directly with students, are trained on and comply with child abuse and missing children reporting obligations and procedures under California law, including but not limited to, California Education Code Section 49370 and California Penal Code section 11165.7, 11166, et seq. PROVIDER shall adopt a written child abuse reporting procedure and provide annual training to all its employees regarding mandated reporting of child abuse and missing children. The PROVIDER shall provide verification to the District that all employees have received annual training. The PROVIDER warrants that all staff members will timely abide by such laws.

PROVIDER certifies its employees who work directly with pupils will be trained, including but not limited to, in First Aid, CPR, and Classroom Management... prior to placement at the Site.

8. CONFIDENTIALITY
PROVIDER and its subcontractors agree to comply with all applicable laws in the performance of its obligations under this Agreement, and in particular applicable federal and state regulations regarding student records, student privacy, and the commercial use of student information, including the Family Educational Rights and MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 94 of 348 Privacy Act (FERPA), Student Online Personal Information Protection Act (SOPIPA), AB 1584 (Ed. Code 49073.1) Pupil Data Privacy and the District (including but not limited to Administrative Regulation and Policy No. 5022 and 5125) to the end that the rights and privacy of the students enrolled in the District and of their parents are not violated or invaded.

These provisions include, but are not limited to, ensuring that:

A. No identification of students or their parent/guardians by persons other than representatives of PROVIDER is permitted.

B. The individual student data will be destroyed when no longer needed for the purpose(s) for which they were obtained.

C. No access to individual student data shall be granted by PROVIDER to any other person, persons, agency or organization without the written consent of the pupil’s parent/guardian, except for sharing with other persons within the District or representatives of PROVIDER so long as those persons have a legitimate interest in the information.

D. PROVIDER recognizes and agrees that such access will be extended in reliance on representations made in this assurance, and that the District shall have the right to enforcement of this assurance, or revocation of such access (including return of all physical forms of such data and destruction of all such electronic data) immediately upon evidence of noncompliance by PROVIDER. This assurance is binding PROVIDER on and such persons as may be employed by PROVIDER to assist in any phase of the contractual obligation to the District.

PROVIDER further represents and warrants that District’s and District users’ access to and use of the PROVIDER’s software or other services as described in this MOU will not infringe any third party copyright.

9. TERMINATION OF AGREEMENT
a) Termination without Cause. Unless otherwise terminated as provided below, this Agreement shall continue in force during the term of the Agreement, or until the services provided for herein have been fully and completely performed, whichever shall occur first, and shall thereupon terminate. b) Termination for Breach.

Should PROVIDER default in the performance of this Agreement or breach any of its provisions, DISTRICT may terminate this Agreement by giving Thirty (30) Days’ Notice in writing to PROVIDER to the address stated in this Agreement. If, within ten (10) calendar days prior to the expiration of the Thirty (30) Days’ notice period, the PROVIDER provides evidence of a cure or corrects the default or breach, the DISTRICT may withdraw the Thirty (30) Days’ notice.
c) Immediate Suspension/Termination by DISTRICT. If at any time during the performance of this Agreement DISTRICT determines, at its sole discretion, to MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 95 of 348 suspend indefinitely or abandon the work under this Agreement, DISTRICT shall have the right to terminate the performance of PROVIDER’s services hereunder by giving written notification to PROVIDER of its intention to terminate. d) Effect of Termination. In the event that DISTRICT terminates this Agreement under paragraph (b) or (c) of this Section, PROVIDER shall only be paid for those services rendered and reimbursable expenses incurred up to the date of termination. All cash deposits made by DISTRICT to PROVIDER, if any, shall be refundable to DISTRICT in full upon termination of this Agreement unless specified to the contrary below.
e) Budget Contingency
It is mutually agreed that if sufficient funds are not appropriated for the Program in the current year budget and/or subsequent years covered under this Agreement, then this Agreement shall be of no further force and effect. In this event, the DISTRICT shall have no liability to pay any funds to the PROVIDER or furnish any other considerations under this Agreement, and the PROVIDER shall not be obligated to perform any provisions of this Agreement.

10. GENERAL PROVISIONS
a) Notices. Any notices to be given hereunder by either party to the other may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested. Notices shall be deemed given and served upon delivery personally, or three (3) days after depositing in the United States Mail. Mailed notices shall be addressed to the parties at the addresses set forth in this Agreement for DISTRICT and PROVIDER. The foregoing addresses may be changed by written notice to the other party as provided herein.
b) Validity of Agreement. This Agreement supersedes any and all agreements either oral or written, between the parties hereto with respect to the rendering of services by PROVIDER and contains all of the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever.

Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. Any modification of this Agreement will be effective only if it is in writing, signed by both parties, except DISTRICT may unilaterally amend the Agreement to accomplish the changes listed below:
(1) Increase dollar amounts; (2) Administrative changes; and (3) Changes as required by law.
c) Court Findings. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 96 of 348 way. In the event any party to this Agreement shall commence any action against the other party relating to this Agreement or for the breach of any obligation contained in this Agreement, the prevailing party shall be entitled to recover such party’s legal fees and other legal costs and expenses from the other party.
d) California Laws. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Venue for any legal action shall be San Bernardino County, California. Each person executing this Agreement warrants that he or she has the authority to so execute this Agreement and that no further approval of any kind is necessary to bind the parties hereto. e) Audit. Pursuant to and in accordance with the provisions of Government Code Section 8546.7 or any amendments thereto, all books, records and files of DISTRICT, PROVIDER, or any subcontractor connected with the performance of this Agreement involving the expenditure of public funds in excess of Ten Thousand Dollars ($10,000), including, but not limited to the administration thereof, shall be subject to the examination and audit of the State Auditor General of the State of California, at the request of the DISTRICT or as a part of any audit of DISTRICT, for a period of three (3) years after final payment is made under this Agreement.

PROVIDER shall preserve and cause to be preserved such books, records and files for the audit period.
f) Non-discrimination. Parties shall ensure that services and benefits are provided without regard to sex, sexual orientation, gender, ethnic group, race, ancestry, origin, immigration status, religion, color, mental disability, or physical disability, age, marital or parental status or any other unlawful consideration in accordance with Title VI of the Civil Rights Act of 1964, California Government Code, Section 503-504 of the Rehabilitation Act of 1973, as amended, and Title IX of the Education Amendments of 1972 (Pub. L. 92-318).
g) Contractual/Equitable Remedies. PROVIDER agrees that the DISTRICT is the sole entity against whom the PROVIDER may seek either contractual or equitable remedies, and further agrees not to seek contractual or equitable remedies (including, but not limited to injunctive relief and quantum meruit) against DISTRICT employees or beneficiaries of the Agreement.
h) Board of Trustees Approval. PROVIDER warrants that he or she has the authority to so execute this Agreement and that no further approval of any kind is necessary to bind it hereto. This Agreement shall not become binding upon the DISTRICT until it has been duly approved or ratified by the Board of Trustees.

MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 97 of 348 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written.
“OMSD” “CITY OF MONTCLAIR”
Signature Signature
Date Printed Name/Title
Phil Hillman, Chief Business Official Date
Ontario-Montclair School DISTRICT
950 West D Street Ontario, CA 91762
Email Address/
Street Address
City, State, Zip Code
Telephone Number
Approved by OMSD
Board:
______________________
Javier John Dutrey, Mayor
June 2, 2025
5111 Benito Street
Montclair CA 91763
909-625-9459
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 98 of 348 Exhibit X
Certification of Compliance with California Education Code Section 45125.1 and Business and Professions Code Section 18975 (Fingerprinting) In compliance with California Education Code Section 45125.1 and California Business and Professions Code section 18975, I hereby certify that no owner or employee of _____________________________________________ [name of PROVIDER] (“PROVIDER”) who may have any interaction with pupils (whether such interaction is in person or electronic, and whether the interaction is through writing, voice or video), shall be permitted to have any contact with students until after I have received and reviewed a report based on their LiveScan fingerprint report that they have not been convicted of a felony as defined in California Education Code Section 45122.1. In advance of their contact with pupils, I shall certify receipt and review of a report from the LiveScan report that they have not been convicted of a felony as defined in California Education Code Section 45122.1. I also understand that I must provide to the Ontario-Montclair School DISTRICT any subsequent arrest and conviction information that we receive concerning these individuals, and that I shall immediately remove the person from performing services on this Agreement.

The Ontario-Montclair School DISTRICT is entitled to rely upon my representations in this Certification. PROVIDER hereby agrees to indemnify Ontario-Montclair School DISTRICT for any and all claims, damages, suits and liability that arise out of, relate to or is associated with a failure of PROVIDER to comply with California Education Code Section 45125.1 or with a failure to exercise reasonable care with respect to proper selection and/or supervision of PROVIDER’s employees who may come in contact with pupils.

PROVIDER INFORMATION
Signature
Printed Name/Title
Date
Email Address/
Street Address
City, State, Zip Code
Telephone Number
Javier John Dutrey, Mayor
June 16, 2025
5111 Benito Street
Montclair CA 91763
909-625-9459
City of Montclair
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 99 of 348 Exhibit A
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 100 of 348

Page 1 ends

CONTRACTOR’S CERTIFICATE REGARDING DRUG-FREE WORKPLACE
This Drug-Free Workplace Certification form is required from all successful bidders pursuant to the requirements mandated by Government Code section 8350 et seq., the Drug-Free Workplace Act of 1990. The Drug-Free Workplace Act of 1990 requires that every person or organization awarded a contract or grant for the procurement of any property or service from any State agency must certify that it will provide a drug-free workplace by performing certain specified acts. In addition, the Act provides that each contract or grant awarded by a State agency may be subject to suspension of payments or termination of the contract or grant, and the Contractor or grantee may be subject to debarment from future contracting, if the contracting agency determines that specified acts have occurred.

Pursuant to Government Code section 8355, every person or organization awarded a contract or grant from a State agency shall certify that it will provide a drug-free workplace by doing all of the following:

1. Publishing a statement, notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the person’s or organization’s workplace, and specifying actions which will be taken against employees for violations of the prohibition.

2. Establishing a drug-free awareness program to inform employees about all of the following:
a. The dangers of drug abuse in the workplace;
b. The person’s or organization’s policy of maintaining a drug-free workplace; c. The availability of drug counseling, rehabilitation and employee-assistance programs; and d. The penalties that may be imposed upon employees for drug abuse violations;

3. Requiring that each employee engaged in the performance of the contract or grant be given a copy of the statement required by subdivision (a) and that, as a condition of employment on the contract or grant, the employee agrees to abide by the terms of the statement.

I, the undersigned, agree to fulfill the terms and requirements of Government Code section 8355 listed above and will (a) publish a statement notifying employees concerning the prohibition of controlled substance at the workplace, (b) establish a drug-free awareness program, and (c) require each employee engaged in the performance of the contact be given a copy of the statement required by section 8355(a) and require such employee agree to abide by the terms of that statement.

I also understand that if the Ontario-Montclair School District determines that I have either (a) made a false certification herein, or (b) violated this certification by failing to carry out the requirements of Section 8355, that the contract awarded herein is subject to termination, suspension of payments, or both. I further understand that, should I violate the terms of the Drug-Free Workplace Act of 1990, I may be subject to debarment in accordance with the requirements of Sections 8350 et seq.

I acknowledge that I am aware of the provisions of Government Code section 8350 et seq. and hereby certify that I will adhere to the requirements of the Drug-Free Workplace Act of 1990.

DATE:

CONTRACTOR
By:

Signature
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 101 of 348

Page 2 ends

CONTRACTOR’S CERTIFICATE REGARDING ALCOHOLIC BEVERAGE AND

TOBACCO-FREE CAMPUS POLICY
The Contractor agrees that it will abide by and implement the District’s Alcoholic Beverage and Tobacco-Free Campus Policy prohibits the use of alcoholic beverages and tobacco products, of any kind and at any time, on District-owned or leased buildings, on District property and in District vehicles. The Contractor shall procure signs stating “ALCOHOLIC BEVERAGE AND TOBACCO USE IS PROHIBITED” and shall ensure that these signs are prominently displayed in all entrances to school property at all times.

DATE:

Contractor
By:

Signature
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 102 of 348

Page 3 ends

CERTIFICATION REGARDING BACKGROUND CHECKS
_____________________________________ certifies that it has performed one of the following:
[Name of Contractor/consultant]
 Pursuant to Education Code section 45125.1, Contractor has conducted criminal background checks, through the California Department of Justice, of all employees providing services to the Ontario-Montclair School District, pursuant to the contract/purchase order dated ____________________, and that none have been convicted of serious or violent felonies, as specified in Penal Code sections 1192.7(c) and 667.5(c), respectively.

As further required by Education Code section 45125.1, attached hereto as Attachment “A” is a list of the names of the employees of the undersigned who may come in contact with pupils.

OR
 Pursuant to Education Code section 45125.2, Contractor will ensure the safety of pupils by one or more of the following methods:
 1. The installation of a physical barrier at the worksite to limit contact with pupils.  2. Continual supervision and monitoring of all employees of the entity by an employee of the entity whom the Department of Justice has ascertained has not been convicted of a violent or serious felony.

I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct.

Date_____________, 20___
[Name of Contractor/Consultant]
By its:

MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 103 of 348

CITY COUNCIL

AGENDA REPORT
DATE: JUNE 16, 2025
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 4
FILE I.D.: PDT205
DEPT.: POLICE
PREPARER: M. ZERR
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 25–23 WITH ALL CITY MANAGEMENT SERVICES, INC. TO PROVIDE SCHOOL CROSSING GUARD SERVICES FOR FISCAL YEAR 2025–26, SUBJECT TO ANY REVISIONS DEEMED NECESSARY BY THE CITY ATTORNEY REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 25–23 with All City Management Services, Inc. to provide school crossing guard services for Fiscal Year 2025–26.

A copy of proposed Agreement No. 25–23 is attached for the City Council’s review and consideration.

BACKGROUND: All City Management Services, Inc. has provided school crossing guard services for the City since November 1998.

The company has recently notified Police Department staff that its hourly rate for crossing guard services will increase for Fiscal Year 2025–26. The adjustment would increase the current hourly rate by $1.28, resulting in an hourly billing rate of $34.47.

All City Management Services, Inc. has indicated that, in order to maintain its workforce, it must maintain a buffer between the state–mandated minimum wage and its own wage rates. The company must also provide wages that would allow it to effectively compete against other part–time employers for recruitment and retention of crossing guards.

FISCAL IMPACT: With the rate increase, All City Management Services, Inc. has calculated the estimated annual program cost to be $245,144. Included in the Police Department’s preliminary Fiscal Year 2025–26 Budget is an allocation of $215,000 to provide crossing guard services for the 2025–26 school year. Because projected costs are estimated to exceed the amount budgeted for the upcoming fiscal year, the Department will evaluate actual costs and determine whether to request more funding during the Midyear Budget Review process.

RECOMMENDATION: Staff recommends the City Council approve Agreement No. 25– 23 with All City Management Services, Inc. to provide school crossing guard services for Fiscal Year 2025–26, subject to any revisions deemed necessary by the City Attorney.

MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 104 of 348 1 AGREEMENT FOR CROSSING GUARD SERVICES
This AGREEMENT FOR CROSSING GUARD SERVICES (the “Agreement”) is dated May 13, 2025, and is between the CITY OF MONTCLAIR (hereinafter called the "City"), and ALL CITY MANAGEMENT SERVICES, INC., a California corporation (hereinafter called the "Contractor").

WITNESSETH
The parties hereto have mutually covenanted and agreed as follows:

1. This Agreement is for a period of time which commences on or around July 1, 2025, and ends on June 30, 2026, and for such a term thereafter as the parties may agree upon.

2. The Contractor is an independent contractor and the guards to be furnished by it shall at all times be its employees and not those of the City.

3. The City’s representative in dealing with the Contractor shall be the City Manager or such a person as the City Manager may designate.

4. If, at any time during the contract period, the City questions the meaning of any item of this Agreement, the City may contact the Contractor for interpretation of that item.

5. The City shall have the right to determine the hours and locations when and where the guards shall be furnished by the Contractor. The Contractor shall notify the City in writing of any changes which may need to occur in hours of work or locations. The City further has the power to add to, delete from or revise the work schedule/locations at any time.

6. The Contractor shall provide supervisory personnel to see that guard activities are taking place at the required places and times, and in accordance with all items of this Agreement.

7. The Contractor shall maintain adequate reserve personnel to be able to furnish alternate guards in the event that any person fails to report for work at the assigned time and location.

8. The Contractor shall provide personnel properly trained as herein specified for the performance of duties of Crossing Guards. In the performance of their duties the Contractor and employees of the Contractor shall conduct themselves in accordance with the conditions of this Agreement and laws and codes of the State of California and the City of Montclair.

9. The Contractor shall train, schedule, provide and supervise personnel in accordance with the contract and the rules and regulations of the City of Montclair. Crossing Guards shall perform their duties as trained and within the City’s rules for such guards.

Agreement No. 25–23
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 105 of 348 2 10. Persons provided by the Contractor as Crossing Guards shall be trained in the laws and codes of the State of California and the City of Montclair pertaining to general pedestrian safety and school crossing areas.

11. Crossing Guard Services shall be provided by the Contractor at the designated locations and at the designated hours on all days on which the designated schools in the City of Montclair are in session.

12. The Contractor shall provide all Crossing Guards with apparel by which they are readily visible and easily recognized as Crossing Guards. Such apparel shall be uniform for all persons performing the duties of Crossing Guards and shall be worn at all times while performing said duties. This apparel must be appropriate for weather conditions. The Contractor shall also provide all Crossing Guards with hand-held Stop signs and any other safety equipment which may be necessary. Apparel and equipment shall be pre-approved by the City Manager or the designee.

13. (a) Types of Required Coverages
Without limiting the indemnity provisions of the Contract, the Contractor shall procure and maintain in full force and effect during the term of the Contract, the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so.
(1) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 00 001, with minimum limits of at least $1,000,000 per occurrence for bodily injury, personal injury and property damage, and $3,000,000 aggregate total bodily injury, personal injury and property damage. Commercial General Liability Insurance and endorsements shall be kept in force at all times during the performance of this Agreement.
(2) Automobile Liability Insurance: Automobile Liability Insurance with overage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1), including owned, non-owned, and hired autos, or the exact equivalent, with minimum limits of $1,000,000 for bodily injury and property damage, each accident. If Contractor owns no vehicles, auto liability coverage may be provided to the general liability policy. Automobile liability insurance and endorsements shall be kept in force at all times during the performance of this Agreement.
(3) Workers Compensation: Workers Compensation Insurance, as required by the State of California and Employers Liability Insurance with a limit of not less than $1,000,000 each accident for bodily injury and $1,000,000 each employee for bodily injury by disease.
(b) Endorsements
Insurance policies shall not be in compliance if they include any limiting provisions or endorsement that has not been submitted to the City for approval.
(1) The insurance coverages required by section (a)(1) Commercial General Liability; and (a)(2) Automobile Liability Insurance shall contain the following provisions or be endorsed to provide the following:

MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 106 of 348 3 Additional Insured: The City, its elected officials, officers, employees, volunteers, boards, agents and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Contract. Coverage for the additional insureds shall apply to the fullest extent permitted by law.

Additional Insured Endorsements shall not:

1. Be limited to “Ongoing Operations”

2. Exclude “Contractual Liability”

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

4. Exclude “Third-Party-Over Actions”

5. Contain any other exclusion contrary to the Contract Primary Insurance: This insurance shall be primary and any other insurance whether primary, Excess, umbrella or contingent insurance, including deductible, or self-insurance available to the insureds added by endorsement shall be in excess of and shall not contribute with this insurance.
(2) The policy or policies of insurance required by Section (a)(3) Workers’ Compensation shall shall be endorsed as follows:

Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of Subrogation against the indemnified parties.
(c) Notice of Cancellation

Required insurance policies shall not be cancelled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(d) Waiver of Subrogation
Required insurance coverages shall not prohibit Contractor from waiving the right of subrogation prior to a loss. Contractor shall waive all rights of subrogation against the indemnified parties and Policies shall contain or be endorsed to contain such a provision. (e) Evidence of Insurance
The Contractor, concurrently with the execution of the contract, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates and endorsements on forms approved by the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 107 of 348 4 (f) Deductible or Self-Insured Retention
Any deductible or self-insured retention must be approved in writing by the City and shall Protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy not contained a deductible or self-insured retention. (g) Contractual Liability
The coverage provided shall apply to the obligations assumed by the Contractor under the indemnity provisions of this contract.
(h) Failure to Maintain Coverage
Contractor agrees to suspend and cease all operations hereunder during such a period of time as the required insurance coverage is not in effect and evidence if insurance has not been furnished to the City. The City shall have the right to withhold any payment due Contractor until Contractor has fully complied with the insurance provisions of this Contract. In addition, the City may either immediately terminate this Agreement, or if insurance is available at a reasonable cost, City may take out the necessary insurance and pay, at Contractor’s expense, the premium thereon.

In the event that the Contractor’s operations are suspended for failure to maintain required insurance coverage, the Contractor shall not be entitled to an extension of time for completion of the Work because of production lost during suspension. (i) Acceptability of Insurers
Each such policy shall be from a company or companies with a current A.M. Best’s rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. Any other rating must be approved in writing in accordance with the City.
(j) Claims Made Policies
If coverage is written on a claims-made basis, the retroactive date on such insurance and all Subsequent insurance shall coincide or precede the effective date of the initial Contractor’s Contract with the City and continuous coverage shall be maintained or an extended reporting period shall be exercised for a period of at least there (3) years from termination or expiration of this Contract.

Upon expiration or termination of coverage of required insurance, Contractor shall procure and submit to City evidence of “tail” coverage or an extended reporting coverage period endorsement for the period of at least three (3) years from the time that wall work under this contract is completed.
(k) Insurance for Subcontractors
Contractor shall be responsible for causing Subcontractors to purchase the same types and MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 108 of 348 5 limits of insurance in compliance with he terms of this Contract/Agreement, including adding the City as an Additional Insured to the Subcontractor’s policies.

14. Contractor agrees to indemnify the City, its officers, employees, and agents against, and will Hold and save each of them harmless from, any and all actions, claims, damages to persons or Property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the negligent acts or intentional tortious acts, errors, or omissions of Contractor, its agents, employees, subcontractors, or invitee, or otherwise arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part to Contractor’s performance of this Agreement.
a) Contractor will defend any action or actions filed in connection with any said claims, damages, penalties, obligations or liabilities and will pay all costs and expenses including attorney’s fees incurred in connection herewith. The Contractor’s obligation to defend the City, its officers, employees and agents is not contingent upon there being an acknowledgment or determination of the merit of any claims, penalties, obligations, errors, omissions and/or costs.
b) Contractor will promptly pay any judgement rendered against the City, its officers, agents, or employees for any such claims, damages, penalties, obligations or liabilities to the extent to judgment arises from the negligent acts or intentional tortuous acts, errors, or omissions of Contractor, its agents, employees, subcontractors, or invitees, or otherwise from the Contractor’s performance of the Agreement.
c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against the Contractor for such damages or other claims arising out of or in connection with Contractor’s performance of this Agreement, Contractor agrees to pay City, its officers, agents or employees, any and all costs and expenses incurred by City, its officers, agents, or employees in such action or proceeding, including, but not limited to, reasonable attorney’s fees. d) All obligation under this provision are to be paid by Contractor as they are incurred by City.
e) The provisions of this indemnity provision as contained at Paragraph 14 are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to the City provided that this Paragraph 14 will not be interpreted to require Contractor to indemnify City to the extent that a court determines that the negligent acts or intentional tortuous acts, errors, or omissions of the City, its agents, employees or representatives caused or contributed to the underlying action or claim. Contractor acknowledges that City would not enter into this Agreement in the absence of the commitment of Contractor to indemnify and protect as set forth herein.

15. Either party shall have the right to cancel this Agreement by giving thirty (30) days written notice to the other.

16. The Contractor shall not have the right to assign this Contract to any other person or firm except with the consent of the City.

MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 109 of 348 6 17. The City agrees to pay Contractor the sum of Thirty-four Dollars and Forty-seven Cents ($34.47) per hour for each hour of crossing guard services provided pursuant to this Agreement.

18. In the event that this Agreement is extended beyond June 30, 2026, the compensation for services shall be established by mutual consent of the parties. Said payment shall be made upon written statement to the City by the Contractor and approval of the appropriate City representative.

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

20. In the event any legal proceeding is instated to enforce any term of provision of this Agreement, the prevailing party in said legal proceeding shall be entitled to recover Attorney’s fees and costs from the opposing party in an amount determined by the court to be reasonable.
[SIGNATURES FOLLOW ON NEXT PAGE]
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 110 of 348 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year written below.

CITY CONTRACTOR
City of Montclair All City Management Services, Inc.

By_____________________________ By______________________________ Javier John Dutrey, Mayor Baron Farwell, General Manager Date____________________________
_____________________________
Andrea M. Myrick, City Clerk
May 13 ,2025
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 111 of 348

CITY COUNCIL

AGENDA REPORT
DATE: JUNE 16, 2025
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 5
FILE I.D.: TAX425
DEPT.: ECONOMIC DEV.

PREPARER: M. FUENTES
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 25–24, AMENDMENT NO. 1 TO AGREEMENT NO. 15–31 WITH HDL COREN & CONE FOR PROPERTY TAX CONSULTING

AND AUDITING SERVICES, SUBJECT TO ANY REVISIONS DEEMED NECESSARY BY THE

CITY ATTORNEY
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 25–24, Amendment No. 1 to Agreement No. 15–31 with HdL Coren & Cone for property tax consulting and auditing services. This amendment updates specific terms and conditions, including the scope of base services, hourly rates for optional services, and the designated contractor representative.

A copy of proposed Agreement No. 25–24 is attached for City Council review and consideration.

BACKGROUND: The City of Montclair and HdL Coren & Cone (HdL) entered into Agreement No. 15–31 on June 1, 2015, for property tax consulting and audit services.

Agreement No. 15–31, outlines a range of services to assist City staff in tracking property tax revenues, estimating losses from property tax appeals, and supporting budgetary and development discussions. Proposed Agreement No. 25–24 seeks to amend and update certain provisions of Agreement No. 15–31.

Proposed Agreement No. 25–24
Proposed Agreement No. 25–24 includes the following modifications to Base Services provided by HdL as well as a revision to the Hourly Rates for optional services as needed.

Base Services:
 Analysis and Identification of Misallocation Errors:
o The contractor will regularly analyze property tax rolls to ensure the City receives all due revenue. This includes:
o Identifying and correcting misattributed parcels on the secured tax roll at least every two years.
o Annually reconciling county valuation reports with assessor's rolls to find discrepancies.
o Annually reviewing the unsecured tax roll for inconsistencies and errors. o Optionally auditing various City, Successor Agency, and district revenues, including tax increment and general fund property taxes.

MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 112 of 348  Annual Services:
o Annually, the contractor will establish an online City database and use it to provide various property tax–related reports and services. o Contactor will also compare properties by county–use code, track new construction for Gann limit calculations, monitor Proposition 8 adjustments, and estimate current fiscal year property tax revenue. o Additionally, the contractor will develop historical trend reports, provide geographically specific analyses upon request, create one and five–year budget projections with interactive modeling, and prepare a newsletter summary
 Successor Agency Services:
o Contractor will provide annual tax increment and cash flow projections, review of Redevelopment Obligation Payment Schedules (ROPS) as requested, and providing property tax information and document access to the Oversight Board at the Successor Agency's direction. o Contractor will also monitor the County's distribution of tax–sharing revenues, offer advice on required reports and legislative changes, and analyze legislative and judicial matters affecting RPTTF revenues for both the Successor Agency and the City.
 Quarterly Services/Monthly Services:
o Contractor will provide the City with lists of property tax appeals and recent property transfers.
o Additionally, there will be a monthly update to the contractor's web–based software to include parcel transfer data and, where available, appeal updates.
 On–Going Consultation:
o Contractor will serve as City's resource staff on questions relating to property tax and assist in estimating current year property tax revenues.

On–going consultation would include, but not be limited to, inquiries resolved through use of City's data base.

Optional Services Hourly Rates:
 Below are the Hourly Rates for optional services:

Partner $250 per hour
Principal $225 per hour
Programmer $200 per hour
Associate $175 per hour
Senior Analyst $125 per hour
Analyst $ 90 per hour
Administrative $ 70 per hour
In addition, proposed Agreement No. 25–24 includes minor administrative changes to the representative of HdL, and a revised timeline of deliverables.

MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 113 of 348 FISCAL IMPACT: Approval of Agreement No. 25–24 would have a small but negligible effect on the General Fund as the amendment maintains the same CPI adjustment mechanism as original Agreement No. 15–31.

The current annual fee for base services will remain unchanged until the 2025 California Consumer Price Index (CCPI) is applied. Subsequent annual CCPI adjustments to the base fee will occur in June of each year. Fees for optional services, if utilized by the City, will be billed at the new hourly rates included in the report above. These hourly rates are subject to annual adjustment by the HdL, not to exceed five percent (5%) per year.

RECOMMENDATION: Staff recommends that the City Council approve Agreement No. 25–24, Amendment No. 1 to Agreement No. 15–31 with HdL Coren & Cone for property tax consulting and auditing services, subject to any revisions deemed necessary by the City Attorney.

MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 114 of 348 AGREEMENT NO. 25–24

Page 1 of 2 ends

FIRST AMENDMENT TO AGREEMENT NO. 15-31 FOR

PROPERTY TAX CONSULTING/AUDIT SERVICES

BETWEEN THE CITY OF MONTCLAIR AND HDL COREN & CONE
This Amendment to the Agreement is made and entered into this ____ day of ___________, 2025 by and between the City of Montclair, a California Municipal corporation (hereinafter referred to as “CITY”), and HdL Coren & Cone, a California corporation (hereinafter referred to as “CONTRACTOR”).

WHEREAS the CITY and CONTRACTOR entered into an Agreement for Property Tax Consulting/Audit Services (“AGREEMENT”) dated June 1, 2015, to provide certain consultant services, and CONTRACTOR represents that CONTRACTOR has the expertise and is qualified to perform the services described in the AGREEMENT, and if required, is duly registered under the laws of the State of California.

NOW THEREFORE, the parties agree as follows:

1. Section 2.0 BASE SERVICES will be replaced with the Base Services Attachment A

2. Section 6.2 Optional Services hourly rates will be replaced with:

Partner $250 per hour
Principal $225 per hour
Programmer $200 per hour
Associate $175 per hour
Senior Analyst $125 per hour
Analyst $ 90 per hour
Administrative $ 70 per hour
Hourly rates are exclusive of expenses and are subject to adjustment by CONTRACTOR annually.

On July 1st of each year CONTRACTOR shall provide CITY with an updated schedule of hourly rates.

The rates will not be increased by more than five percent (5%) per year.

3. Section 8.1 Representative of Contractor will be updated as follows:

Nichole Cone
HdL COREN & CONE
120 S. State College Blvd., Suite 200
Brea, CA 92121

4. Current Exhibit A will be replaced with the attached Exhibit A.

5. The current annual fee will remain unchanged until the 2025 California Consumer Price Index (CCPI) is applied. Subsequent annual CCPI adjustments will occur in June of each year.

MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 115 of 348 AGREEMENT NO. 25–24

Page 2 of 2 ends

IN WITNESS WHEREOF, the Parties have executed this Amendment on the day and year first above written.

CITY CONTRACTOR
City of Montclair HdL Coren & Cone
By: By:

Javier John Dutrey, Mayor Nichole Cone-Morishita, CFO
Attest:

By:

Andrea M. Myrick, City Clerk
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 116 of 348 AGREEMENT NO. 25–24
Attachment “A”

Page 1 of 3 ends

2.0 BASE SERVICES
CONTRACTOR shall perform all of the following duties as part of the Base Services provided hereunder, unless otherwise specified in writing by the Contract Officer:

2.1 Analysis And Identification Of Misallocation Errors (Contingent Fee)
(a) In the first year of this Agreement, and as necessary thereafter but not less than once every two (2) years, CONTRACTOR shall conduct an analysis to identify and verify CITY parcels on the secured Property Tax Roll which are not properly attributed to CITY and will provide the correct TRA designation to the proper County agency. Typical errors include parcels assigned to incorrect TRAs within CITY or an adjacent city, and TRAs allocated to wrong taxing agencies. (b) CONTRACTOR shall annually reconcile the annual AuditorController assessed valuations report to the assessor's lien date rolls and identify discrepancies.
(c) CONTRACTOR shall annually review parcels on the unsecured Property Tax Roll to identify inconsistencies such as value variations, values being reported to a mailing address rather than the situs address, and errors involving TRAs (to the extent records are available).
(d) CONTRACTOR may audit general fund or tax increment property tax revenue or other revenues attributable to CITY departments, Successor Agency, and districts (including but not limited to base year value audits; administration of tax sharing agreements; tax increment allocation reviews; county allocation and payments reviews).

2.2 Annual Services (Fixed Fee)
Annually, after the Property Tax Roll is available:
(a) CONTRACTOR shall establish a Data Base for CITY available through CONTRACTOR’S online property tax application
(b) Utilizing the Data Base, CONTRACTOR will provide:
(1) A listing of the major property owners in CITY, including the assessed value of their property.
(2) A listing of the major property taxpayers by net assessed value.
(3) A listing of property tax transfers which occurred since the prior lien date.

MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 117 of 348 AGREEMENT NO. 25–24
Attachment “A”

Page 2 of 3 ends

(4) A listing of parcels that have not changed ownership since the enactment of Proposition XIIIA
(5) A comparison of property within CITY by county-use
code designation
(6) A listing by parcel of new construction activity to identify non-residential parcels with new construction activity and to provide reports for use in CITY's preparation of Gann (Propositions 4 and 111) State Appropriation Limit calculations
(7) Tracking of Proposition 8 parcel reductions and
restorations
(8) Calculate an estimate of property tax revenue anticipated to be received for the fiscal year by CITY. This estimate is based upon the initial information provided by the County and is subject to modification. This estimate shall not be used to secure the indebtedness of CITY.
(9) Development of historical trending reports involving taxable assessed values for CITY, median and average sales prices and related economics trends.
(10) Upon written request, analyses based on geographic areas designated by CITY to include assessed valuations and square footage computations for use in community development planning. (11) One and five-year budget projections for CITY’S general fund and related special districts. This report is interactive for tax modeling. (12) Prepare a Newsletter summary for public and elected distribution.

2.3 Successor Agency Services
Successor Agency Services including but not limited to:
(a) Annual tax increment projections and, as requested, cash flow analysis for the Successor Agency by Project Area
(b) Review of Redevelopment Obligation Payment Schedules (ROPS) as requested.
(c) Provide property tax information to the Oversight Board at the direction of the Successor Agency
(d) Provide access to the Oversight Board to CITY and former redevelopment agency documents at the direction of the Successor Agency (e) Monitor the County distribution of tax-sharing revenues to the taxing entities of the former redevelopment agency
(f) Advice and consultation, as requested, on the CITY/Successor Agency’s preparation of required reports, such as revenue projections; review of MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 118 of 348 AGREEMENT NO. 25–24
Attachment “A”

Page 3 of 3 ends

ROPS, submittals to the Oversight Board and/or County or State agencies, and new or revised legislative requirements
(g) Analysis of legislative and judicial matters impacting Redevelopment Property Tax Trust Fund (RPTTF) revenues to the Successor Agency and to CITY.

2.4 Quarterly Services/Monthly Services (Fixed Fee)
CONTRACTOR shall perform the following services quarterly:
(a) A listing of property tax appeals filed on properties in CITY (selected counties)
(b) A listing of property transfers that have occurred since the last report
(c) Monthly update of CONTRACTOR’S web-based software
program to include parcel transfer data and, in select counties, appeal updates

2.5 On-Going Consultation (Fixed Fee)
During the term of this Agreement, CONTRACTOR will serve as CITY's resource staff on questions relating to property tax and assist in estimating current year property tax revenues.

On-going consultation would include, but not be limited to, inquiries resolved through use of CITY's data base.

MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 119 of 348 AGREEMENT NO. 25–24
EXHIBIT “A”

SCHEDULE OF PERFORMANCE

Page 1 of 1 ends

TIMELINE FOR DELIVERABLES
July/August Data available for purchase from counties
September 30 Data available on HdLCC’s web-based property tax application September/October Unsecured audits performed and forwarded to county assessor October Appeals quarterly updates emailed in counties where the data is available October-February Delivery of preliminary property tax reports January Appeals quarterly updates emailed in counties where the data is available January/February General Fund Budget Projections
April Appeals quarterly updates emailed in counties where the data is available April/May Final Books – Addendums emailed to clients
July Appeals quarterly updates emailed in counties where the data is available Ongoing Secured and Unsecured Audits – City
Property sales reports
City and Successor Agency mid-year budget reviews and budget projections
Analytical work at the request of clients
Monthly updates of database with property sale information MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 120 of 348

CITY COUNCIL

AGENDA REPORT
DATE: JUNE 16, 2025
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 6
FILE I.D.: PDT175/SCH125/SCH350
DEPT.: POLICE
PREPARER: M. ZERR
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 25–25 WITH CHAFFEY JOINT UNION HIGH

SCHOOL DISTRICT FOR SPECIALIZED LAW ENFORCEMENT SERVICES DURING FISCAL YEAR 2025–26, SUBJECT TO ANY REVISIONS DEEMED NECESSARY BY THE CITY

ATTORNEY
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 25–25 with Chaffey Joint Union High School District (CJUHSD) for one dedicated Safe School Zone Officer for assignment at Montclair High School.

Proposed Agreement No. 25–25 has been reviewed by the City Attorney and is attached for the City Council’s review and consideration.

BACKGROUND: The City currently has an agreement with CJUHSD for a Safe School Zone/School Resource Officer (SRO). Pursuant to the terms of Agreement No. 25–25, CJUHSD would pay $111,145 toward the cost of a SRO. The Police Department would be obligated to provide a presence of one SRO for the high school for nine hours each school day.

This contract would be for the regular school year and includes summer school.

FISCAL IMPACT: Should this item be approved, CJUHSD would pay $111,115 toward the salary of a SRO beginning July 1, 2025, through the remainder of Fiscal Year 2025–26.

RECOMMENDATION: Staff recommends the City Council approve Agreement No. 25–25 with CJUHSD for specialized law enforcement services during Fiscal Year 2025–26, subject to any revisions deemed necessary by the City Attorney.

MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 121 of 348 Agreement No. 25–25
1 AGREEMENT

FOR SPECIALIZED LAW ENFORCEMENT SERVICES
This Agreement is made and entered into this 1st day of July , 2025 by and between the City of Montclair (hereinafter referred to as CITY) and the Chaffey Joint Union High School District (hereinafter referred to as DISTRICT), both of whom understand as follows:

WITNESSETH
WHEREAS, the following services are to be performed subject to the conditions hereinafter set forth:

NOW, THEREFORE in consideration of these services and mutual conditions hereinafter provided, the parties hereto agree as follows:

A. Beginning with the school year through the end of the school year 2026, the CITY will perform specialized law enforcement services for the DISTRICT at and about the campus of Montclair High School. It is understood that these services are to be provided, to the extent possible, on regularly scheduled school days between 6:30 a.m. and 3:30 p.m., and during mutually agreed upon “in–service” or familiarization periods.

1. It is acknowledged that the provision of services may be interrupted by the normal working conditions experienced by law enforcement agencies, which include, but are not limited to: employee illness, court appearances, training requirements, prisoner transportation, emergency circumstances taxing on other departmental resources, etc. Should the interruption of services, for any reason, extend beyond two successive days, the CITY shall meet its obligation through the assignment of an alternate sworn employee.

B. This Agreement will allow the CITY, through its Police Department, to provide the following specialized law enforcement services to the DISTRICT:

1. One Sworn Community Oriented Officer, known as a Safe School Zone Officer, shall, through random patrol and their on–campus presence, strive to maintain a crime–free zone on and around each school campus.

2. Through the Safe School Zone Officer, provide a consistent and timely response to calls for assistance from the high school or concerning students from the high school.

3. Through the Safe School Zone Officer, provide a consistent liaison for the high school administration on law enforcement matters.

MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 122 of 348 Agreement No. 25–25
2 4. Through the Safe School Zone Officer, provide resources and materials necessary for classroom presentations on law enforcement matters.

5. Through the Safe School Zone Officer, maintain a physical presence on campus during the hours of approximately 7:00 a.m. and 3:00 p.m. on each school day subject to possible interruptions as described in paragraph A(1) above. While on campus, the role of the officer is to:
a. Act as a positive role model for students.
b. Facilitate a positive and interactive student/law enforcement relationship.
c. Maintain a proactive stance toward crime prevention and order maintenance.
d. Act as first responder to criminal conduct or order maintenance issues occurring on or about the high school campus.
e. Within the confines of the law, act as information resource for school administrators on matters of mutual concern.

C. In addition to the above, beginning with the summer session of 2025, the Safe School Zone Officer will provide services to the high school, adjusting the hours to the school schedule.

1. One Safe School Zone Officer will maintain a physical presence on campus each day during the regularly scheduled school hours.

D. In consideration for providing these services, the DISTRICT will pay to the CITY a total of $111,145 invoiced in two equal $55,573 amounts; the first during November 2025, and the second due in May 2026.

E. It is understood by both parties that the Safe School Zone Officer or other CITY officers providing this service shall remain CITY’s employee at all times. As such, the CITY shall be responsible for all employment costs, supervision, control, and assignment of said officers.

F. This Agreement is not assignable, either in whole or in part, by DISTRICT without the prior written consent of the CITY. The laws of the State of California shall govern the rights, obligation, duties, and liabilities of the parties to this Agreement and shall also govern the interpretation of the Agreement, if in dispute.

G. If the DISTRICT in its reasonable discretion is dissatisfied with a School Zone Officer, the CITY shall assign a different School Zone Officer.

H. The School Zone Officer shall defer to the Principal in all school discipline issues, except those that place students, faculty and staff at risk of harm.

MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 123 of 348 Agreement No. 25–25
3 I. It will be the responsibility of the School Zone Officer to report all crimes originating on campus.

J. The School Zone Officer shall share information with the principal about persons and conditions that pertain to campus safety concerns.

K. The School Zone Officer shall coordinate all of his or her activities with the principal and staff members concerned and will seek permission, guidance and advice prior to enacting any programs within the school.

L. CITY shall keep itself informed of and in compliance with all federal, state and local laws, ordinances, regulations, and orders that may affect in any manner performance of the services or those engaged to perform services under this Agreement. CITY shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the services.

M. CITY is, and shall at all times be deemed to be, an independent contractor and shall be responsible for determining the sequence, method, details and manner in which it performs those services required under the terms of this Agreement.

Nothing herein contained shall be construed as creating a relationship of employer and employee, or principal and agent, between DISTRICT and CITY or any of CITY’s agents or employees. CITY assumes exclusive responsibility for the acts of its employees or agents as they relate to services to be provided during the course and scope of their employment. CITY, its agents and employees, shall not be entitled to any rights and/or privileges of DISTRICT’s employees and shall not be considered in any manner to be DISTRICT’s employees.

TERMINATION OR MODIFICATION OF AGREEMENT
This Agreement shall end on June 30, 2026, unless extended by both the CITY and DISTRICT.

The CITY or DISTRICT may terminate all or any portion of this Agreement at any time upon providing a thirty (30) day written notice delivered to the addresses below. In the event the Agreement is terminated by either party prior to June 30, 2026, DISTRICT shall pro–rate its final payment for services rendered at $9,262 per month.

CITY: City of Montclair
5111 Benito Street
Montclair, California 91763
DISTRICT: Chaffey Joint Union High School District
211 West Fifth Street
Ontario, California 91762
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 124 of 348 Agreement No. 25–25
4 INDEMNIFICATION
DISTRICT shall defend, indemnify and hold harmless the CITY, its elective and appointive boards, officers, agents, and employees from all liability from loss, damage, or injury to persons or property, in any manner arising out of any negligent or intentional or willful acts or omissions of DISTRICT under this Agreement.

CITY shall defend, indemnify and hold harmless the DISTRICT, its elective and appointive boards, officers, agents, and employees from all liability from loss, damage, or injury to persons or property, in any manner arising out of any negligent or intentional or willful acts or omissions of CITY under this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date hereinabove written.

CITY OF MONTCLAIR
Javier John Dutrey,
Mayor
Date
ATTEST:

Andrea Myrick,
City Clerk

CHAFFEY JOINT UNION HIGH SCHOOL DISTRICT
Dr. Kern Oduro,
Assistant Superintendent of Personnel
Date
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 125 of 348

CITY COUNCIL

AGENDA REPORT
DATE: JUNE 16, 2025
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 7
FILE I.D.: PDT175/SCH500/600/650
DEPT.: POLICE
PREPARER: M. ZERR
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 25–26 WITH ONTARIO-MONTCLAIR

SCHOOL DISTRICT FOR SPECIALIZED LAW ENFORCEMENT SERVICES DURING FISCAL YEAR 2025–26, SUBJECT TO ANY REVISIONS DEEMED NECESSARY BY THE CITY

ATTORNEY
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 25–26 with Ontario–Montclair School District (OMSD) for one dedicated Safe School Zone Officer for assignment at Vernon and Serrano Middle Schools.

Copy of proposed Agreement No. 25–26 is attached for the City Council’s review and consideration.

BACKGROUND: The City currently has an agreement with OMSD for a Safe School Zone/School Resource Officer (SRO). Pursuant to the terms of Agreement No. 25–26, OMSD would pay $102,600 toward the cost of a SRO. The Police Department would be obligated to provide a presence of one SRO for both middle schools for eight hours each school day.

FISCAL IMPACT: Should this item be approved, OMSD would pay $102,600 toward the salary of one SRO beginning July 1, 2025, through the remainder of Fiscal Year 2025–

26. RECOMMENDATION: Staff recommends the City Council approve Agreement No. 25– 26 with OMSD for specialized law enforcement services during Fiscal Year 2025–26, subject to any revisions deemed necessary by the City Attorney.

MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 126 of 348 Agreement No. 25–26
1 AGREEMENT

FOR SPECIALIZED LAW ENFORCEMENT SERVICES
This Agreement is made and entered into this 1 day of July , 2025 by and between the City of Montclair (hereinafter referred to as CITY) and the Ontario-Montclair School District (hereinafter referred to as DISTRICT), as follows:

WITNESSETH
WHEREAS, the following services are to be performed subject to the conditions hereinafter set forth:

NOW, THEREFORE in consideration of these services and mutual conditions hereinafter provided, the parties hereto agree as follows:

A. Beginning with the school year through the end of the school year 2026, the CITY will perform specialized law enforcement services for the DISTRICT at and about the campuses of Serrano Middle School and Vernon Middle School. It is understood that these services are to be provided, to the extent possible, on regularly scheduled school days between 7:00 a.m. and 3:00 p.m., and during mutually agreed upon “in-service” or familiarization periods.

B. This Agreement will allow the CITY, through its Police Department, to provide the following specialized law enforcement services to the DISTRICT:

1. One Sworn Community Oriented Officer, known as a Safe School Zone Officer, shall, through random patrol and their on-campus presence, strive to maintain a crime-free zone on and around each middle school campus.

2. Through the Safe School Zone Officer, provide a consistent and timely response to calls for assistance from the middle schools or concerning students from the middle schools.

3. Through the Safe School Zone Officer, provide a consistent liaison for the middle schools administration on law enforcement matters.

MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 127 of 348 Agreement No. 25–26
2 4. Through the Safe School Zone Officer, provide resources and materials necessary for classroom presentations on law enforcement matters.

5. Through the Safe School Zone Officer, maintain a physical presence on both campuses during the hours of approximately 7:00 a.m. and 3:00 p.m. on each school day subject to possible interruptions as described in paragraph A(1) above. While on campus, the role of the officer is to:
a. Act as a positive role model for students.
b. Facilitate a positive and interactive student/law enforcement relationship.
c. Maintain a proactive stance toward crime prevention and order maintenance.
d. Act as first responder to criminal conduct or order maintenance issues occurring on or about the middle school campuses. e. Within the confines of the law, act as information resource for school administrators on matters of mutual concern.

C. At the request of the DISTRICT, the Safe School Zone Officer will not provide services to the middle schools during the summer session of 2026.

D. In consideration for providing these services, the DISTRICT will pay to the CITY a total of $102,600 invoiced in two equal amounts of $51,300 each; the first payment is due during November 2025, and the second payment is due in May 2026.

E. It is understood by both parties that the Safe School Zone Officer or other CITY police officers providing this service shall remain CITY’s employee(s) at all times. As such, the CITY shall be responsible for all employment costs, supervision, control, and assignment of said officers.

F. This Agreement is not assignable, either in whole or in part, by the DISTRICT without the prior written consent of the CITY. The laws of the State of California shall govern the rights, obligation, duties, and liabilities of the parties to this Agreement and shall also govern the interpretation of the Agreement, if in dispute.

G. If the DISTRICT in its reasonable discretion is dissatisfied with a School Zone Officer, the CITY shall assign a different School Zone Officer.

H. The School Zone Officer shall defer to the Principal in all school discipline issues, except those that place students, faculty and staff at risk of harm.

I. It will be the responsibility of the School Zone Officer to report all crimes originating on campus.

MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 128 of 348 Agreement No. 25–26
3 J. The School Zone Officer shall share information with the principal about persons and conditions that pertain to campus safety concerns.

TERMINATION OR MODIFICATION OF AGREEMENT
This Agreement shall end on June 30, 2026, unless extended by both the CITY and DISTRICT as agreed in writing. The CITY or DISTRICT may terminate all or any portion of this Agreement at any time upon providing a thirty (30) day written notice delivered to the addresses below. In the event the Agreement is terminated by either party prior to June 30, 2026, DISTRICT shall prorate its final payment for services rendered at $8,550 per month.

NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by personal service or by mail addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 129 of 348 Agreement No. 25–26
4 CITY: City of Montclair
5111 Benito Street
Montclair, California 91763
DISTRICT: Ontario-Montclair School District
950 West D Street
Ontario, California 91762

INDEMNIFICATION
DISTRICT shall defend, indemnify and hold harmless the CITY, its elective and appointive boards, officers, agents, and employees from all liability from loss, damage, or injury to persons or property, in any manner arising out of any negligent or intentional or willful acts or omissions of DISTRICT under this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date hereinabove written.

CITY OF MONTCLAIR
Javier John Dutrey,
Mayor
ATTEST: Date
Andrea M. Myrick,
City Clerk, City of Montclair

ONTARIO-MONTCLAIR SCHOOL DISTRICT
Phil Hillman,
Chief Business Official
Date
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 130 of 348

CITY COUNCIL

AGENDA REPORT
DATE: JUNE 16, 2025
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 8
FILE I.D.: FRD057
DEPT.: FIRE
PREPARER: R. DIERCK
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 25–27 WITH CONSOLIDATED FIRE

AGENCIES OF SAN BERNARDINO COUNTY (CONFIRE) FOR CONTINUED DISPATCH

AND COMMUNICATION SERVICES, SUBJECT TO ANY REVISIONS DEEMED NECESSARY

BY THE CITY ATTORNEY
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 25–27 with Consolidated Fire Agencies of San Bernardino County (CONFIRE) for continued dispatch and communication services, subject to any revisions deemed necessary by the City Attorney. A copy of proposed Agreement No. 25–27 is attached for the City Council’s review and consideration.

BACKGROUND: CONFIRE currently provides dispatch and communication services for the Fire Department under Agreement No. 24–42, which will end on June 30, 2025.

Proposed Agreement No. 25–27 is for Fiscal Year 2025–26.

CONFIRE is a multiagency fire, emergency medical service, and local government dispatch center located at the southwest end of Rialto Municipal Airport adjacent to the County Emergency Operations Center. CONFIRE's primary mission is to provide direct fire/EMS dispatch service 24 hours a day, seven days a week for the CONFIRE Joint Powers Authority as well as contracting fire agencies.

CONFIRE utilizes state–of–the–art computer systems running TriTech CAD with ProQA for emergency medical dispatching, Automatic Vehicle Location (AVL) software, integrated telephone systems running VESTA, and radio systems consisting of VHF and Motorola 800 MHz trunked Smartnet Systems. One of the main advantages provided by contracting with CONFIRE is the use of AVL software, which allows dispatchers to know where fire units are located in real time via a satellite surveillance system. This system allows for the closest fire unit available to be dispatched to an emergency regardless of jurisdictional geography. Proposed Agreement No. 25–27 includes the annual maintenance fees of the WestNet First–In Fire Station Alerting System. CONFIRE has a bulk agreement with WestNet for supported agencies to receive group pricing—this cost has been included in the proposed Agreement with CONFIRE.

Contracting with CONFIRE continues to be the most prudent and cost effective option for dispatch and communication services.

FISCAL IMPACT: Approval of Agreement No. 25–27 would result in a net cost of $321,111 for Fiscal Year 2025–26, which is included in the proposed Fiscal Year 2025– 26 Budget in Program 4533 Emergency Services, Emergency Communication Services.

The cost of service for each contracting agency is based on each contracting agency’s call volume for the prior calendar year, as well as costs associated with equipment replacement, technology support, and administration.

RECOMMENDATION: Staff recommends the City Council approve Agreement No. 25– 27 with Consolidated Fire Agencies of San Bernardino County (CONFIRE) for continued dispatch and communication services, subject to any revisions deemed necessary by the City Attorney.

MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 131 of 348 AGREEMENT NO. 25-27
00116421.5
Contracting Agency Agreement between CONFIRE and City of Montclair

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Montclair City CouncilJune 16, 2025

Montclair City Council
June 16, 2025