Agenda packet — Montclair City Council, August 18, 2025

CITY OF MONTCLAIR

CITY COUNCIL

SUCCESSOR REDEVELOPMENT AGENCY,

MONTCLAIR HOUSING CORPORATION, MONTCLAIR

HOUSING AUTHORITY, AND MONTCLAIR COMMUNITY

FOUNDATION MEETINGS

AGENDA PACKET
Monday, August 18, 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, August 18, 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. San Bernardino County Transportation Authority Update on Transportation Projects Funded by Measure I in Montclair
VI. PUBLIC COMMENT
During Public Comment, you may comment on any subject that does not appear on this agenda. Each speaker has up to five minutes. The meeting’s presiding officer may provide more or less time to accommodate speakers with special needs or a large number of speakers waiting in line. (Government Code Section 54954.3).

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

VII. PUBLIC HEARINGS — None Page No.

VIII. CONSENT CALENDAR
A. Approval of Minutes — None

XXXXXXXXXXXXX
MONTCLAIR CITY COUNCIL MEETING – 08/18/2025 Page 1 of 125 Page No.

B. Administrative Reports

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

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

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

4. Consider Approval of Warrant Register [SA] 7

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

6. Consider Approval of Warrant Register [MHC] 9

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

8. Consider Approval of Warrant Register [MHA] 11

9. Consider Designating Mayor Dutrey and Council Member Mendez as Voting Alternates for the Annual Business Meeting of the General Assembly at the League of California Cities Annual Conference on October 10, 2025, in Long Beach [CC] 12
C. Agreements

1. Consider Approval of Agreement Nos. 25–52, 25–53, and 25–54 with Montclair Little League and Golden Girls Softball League for Use of Ball Field Facilities, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] 13

2. Consider Approval of Revised Agreement No. 25–57 with San Bernardino County Transportation Authority for Funding of the Central Avenue Smart Corridor Project, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] 35

3. Consider Approval of Agreement No. 25–59, a Memorandum of Understanding with the Counties of Los Angeles, Orange, Riverside, and San Diego for Use of the SECURE G2G Service to Electronically Record Documents with the San Bernardino County Recorder’s Office [CC] Consider Authorizing the City Clerk to Sign Said Agreement [CC] 54 D. Resolutions

1. Consider Adoption of Resolution No. 25–3495 Authorizing the Salaries and Classification Titles for City Employees on a Consolidated Salary Schedule [CC] 101
IX. PULLED CONSENT CALENDAR ITEMS
X. COMMUNICATIONS
A. Department Reports — None

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B. City Attorney

1. Request for City Council to Meet in Closed Session Pursuant to Government Code §54956.9(d)(2) Regarding Pending Litigation [CC]
One Potential Case

2. Request for City Council to Meet in Closed Session Pursuant to Government Code §54956.8 Regarding Real Property Negotiations [CC] Property: APN 1008–352–02–0000
Negotiating Parties: City of Montclair, Alexis Diaz
City Negotiator: Edward C. Starr, City Manager
Under Negotiation: Recommendations Regarding Purchase Price Property: APN: 1009–172–12–0000
Negotiating Parties: City of Montclair, Virgina J. Gregorowich, Phyllis J. Turner, & Joanne O. Suhr
City Negotiators: Edward C. Starr, City Manager
Under Negotiation: Recommendations Regarding Purchase Price Property: APN 1009–331–56–0000
Negotiating Parties: City of Montclair, Arthur L. Murray, Jr. & Patricia Sue Murray City Negotiator: Edward C. Starr, City Manager
Under Negotiation: Recommendations Regarding Purchase Price C. City Manager/Executive Director
D. Mayor/Chairperson

1. Announcement of Montclair Post Office Dedication Ceremony for Former Mayor Paul M. Eaton on August 28, 2025
E. Council Members/Directors
F. Committee Meeting Minutes (for informational purposes only)

1. Personnel Committee Meeting — August 4, 2025 [CC] 125 XI. CLOSED SESSION
XII. CLOSED SESSION ANNOUNCEMENTS
XIII. ADJOURNMENT
The next regular joint meeting of the City Council, Successor Agency Board, Montclair Housing Corporation Board, Montclair Housing Authority Commission, and Montclair Community Foundation Board will be held on Tuesday, September 2, 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, August 14, 2025.

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CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 18, 2025
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 1
FILE I.D.: FIN520
DEPT.: FINANCE
PREPARER: J. KULBECK
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The City Council is requested to consider receiving and filing the City of Montclair Treasurer's Report for the month ending July 31, 2025.

BACKGROUND: Included in the City Council’s agenda packet is a copy of the Treasurer's Report for the period ending July 31, 2025.

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

RECOMMENDATION: Staff recommends the City Council receive and file the Treasurer's Report for the month ending July 31, 2025.

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CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 18, 2025
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 2
FILE I.D.: FIN540
DEPT.: FINANCE
PREPARER: A. VONG/V. FLORES
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTER AND PAYROLL DOCUMENTATION REASON FOR CONSIDERATION: The City Council is requested to consider approval of the Warrant Register and Payroll Documentation.

BACKGROUND: Mayor Pro Tem Martinez has examined the Warrant Register dated August 18, 2025; and the Payroll Documentation dated July 27, 2025, and recommends their approval.

FISCAL IMPACT: The Warrant Register dated August 18, 2025, totals $3,553,095.36.

The Payroll Documentation dated July 27, 2025, totals $902,854.90 gross, with $633,094.28 net being the total cash disbursement.

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

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CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 18, 2025
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 3
FILE I.D.: FIN510
DEPT.: SA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The City Council acting as Successor to the Redevelopment Agency Board of Directors (Successor Agency Board) is requested to consider receiving and filing the Successor to the Redevelopment Agency Treasurer's Report for the month ending July 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 Report for the period ending July 31, 2025.

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

RECOMMENDATION: Staff recommends the Successor Agency Board receive and file the Successor to the Redevelopment Agency Treasurer's Report for the month ending July 31, 2025.

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CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 18, 2025
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 4
FILE I.D.: FIN530
DEPT.: SA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTER
REASON FOR CONSIDERATION: The City Council acting as Successor to the Redevelopment Agency Board of Directors is requested to consider receiving and filing the Successor to the Redevelopment Agency Warrant Register for the month ending July 31, 2025, pursuant to state law.

BACKGROUND: Vice Chair Martinez has examined the Successor to the Redevelopment Agency Warrant Register dated 07.01.25-07.31.25 in the amounts of $6,270.87 for the Combined Operating Fund and $0.00 for the Redevelopment Obligation Retirement Funds, and finds it to be in order.

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

RECOMMENDATION: Vice Chair Martinez recommends the City Council as Successor to the Redevelopment Agency Board of Directors approve the Successor to the Redevelopment Agency Warrant Register for the period ending July 31, 2025.

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CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 18, 2025
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 5
FILE I.D.: FIN525
DEPT.: MHC
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The Montclair Housing Corporation Board of Directors is requested to receive and file the Montclair Housing Corporation Treasurer's Report for the month ending July 31, 2025, pursuant to state law.

BACKGROUND: Included in the Montclair Housing Corporation Board agenda packet is a copy of the Treasurer's Report for the period ending July 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 Report for the month ending July 31, 2025.

MONTCLAIR CITY COUNCIL MEETING – 08/18/2025 Page 8 of 125

CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 18, 2025
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 6
FILE I.D.: FIN545
DEPT.: MHC
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTER
REASON FOR CONSIDERATION: The Montclair Housing Corporation Board of Directors is requested to consider receiving and filing the Warrant Register for the month ending July 31, 2025, pursuant to state law.

BACKGROUND: Vice Chair Martinez has examined the Warrant Register dated 07.01.25–

07.31.25 in the amount of $92,759.38 for the Montclair Housing Corporation and finds it to be in order.

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

RECOMMENDATION: Vice Chair Martinez recommends the Montclair Housing Corporation Board of Directors approve the Warrant Register for the period ending July 31, 2025.

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CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 18, 2025
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 7
FILE I.D.: FIN525
DEPT.: MHA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The Montclair Housing Authority Commission is requested to receive and file the Montclair Housing Authority Treasurer's Report for the month ending July 31, 2025, pursuant to state law.

BACKGROUND: Included in the Montclair Housing Authority Commission’s agenda packet is a copy of the Treasurer's Report for the period ending July 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 Report for the month ending July 31, 2025.

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CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 18, 2025
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 8
FILE I.D.: FIN545
DEPT.: MHA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTER
REASON FOR CONSIDERATION: The Montclair Housing Authority Commission is requested to consider receiving and filing the Warrant Register for the month ending July 31, 2025, pursuant to state law.

BACKGROUND: Vice Chair Martinez has examined the Warrant Register dated 07.01.25–

07.31.25 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 Register for the period ending July 31, 2025.

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CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 18, 2025
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 9
FILE I.D.: LCC050
DEPT.: ADMIN. SVCS.

PREPARER: K. ROMAN
SUBJECT: CONSIDER DESIGNATING MAYOR DUTREY AND COUNCIL MEMBER MENDEZ AS

VOTING ALTERNATES FOR THE ANNUAL BUSINESS MEETING OF THE GENERAL

ASSEMBLY AT THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE ON OCTOBER 10, 2025, IN LONG BEACH
REASON FOR CONSIDERATION: The City Council must appoint a voting delegate and up to two alternates for the League of California Cities (League) Annual Conference to participate in the General Assembly's policy vote. Currently, Council Member Ruh is designated as Delegate and Mayor Pro Tem Martinez as Alternate; however, Martinez cannot attend the League’s annual business meeting due to work commitments. Mayor Dutrey and Council Member Mendez are registered to attend the conference.

The City Council is requested to consider designating Mayor Dutrey and Council Member Mendez as voting Alternates for the Annual Business Meeting of the General Assembly at the League of California Cities Annual Conference on October 10, 2025, in Long Beach.

BACKGROUND: As a member of the League of California Cities, the City participates in League policy development through its annual conference resolutions process. The 2025 Annual Conference takes place October 8–10, in Long Beach. At the General Assembly meeting, which takes place on the final day of the conference, cities with appointed voting delegates can cast votes Each city may also appoint up to two alternates.

On January 21, 2025, the City Council approved the 2025–2026 City Council Committee/Liaison Assignments, assigning Council Member Ruh as Delegate and Mayor Pro Tem Martinez as Alternate to represent the City for statewide League events.

Council Member Ruh is registered to attend the conference and may represent the City as the Voting Delegate. Unfortunately, Mayor Pro Tem Martinez is not available to attend this year’s conference as Voting Alternate. If designated as Alternates, either Mayor Dutrey or Council Member Mendez, who are both registered to attend the conference, may cast the City’s vote should Council Member Ruh be unable to make it to the General Assembly meeting.

FISCAL IMPACT: The City Council's designation of voting alternates to vote at the Annual Business Meeting at the League’s Annual Conference would create no fiscal impact to the City's General Fund. Funds have been allocated in the FY 2025–26 budget for up to four City Council representatives to attend the conference.

RECOMMENDATION: Staff recommends the City Council designate Mayor Dutrey and Council Member Mendez as voting alternates for the Annual Business Meeting of the General Assembly at the League of California Cities Annual Conference on October 10, 2025, in Long Beach.

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CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 18, 2025
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 1
FILE I.D.: HSV070, ATH215/218
DEPT.: HUMAN SVCS.

PREPARER: F. SALTOS
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NOS. 25–52, 25–53, AND 25–54 WITH

MONTCLAIR LITTLE LEAGUE AND GOLDEN GIRLS SOFTBALL LEAGUE FOR USE OF

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

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

Therefore, the City Council is requested to consider approval of Agreement Nos. 25–52, 25–53, and 25–54 with the Leagues for use of ball field facilities, which are attached for City Council review and consideration.

BACKGROUND: Pursuant to Agreement Nos. 25–52 and 25–53, Montclair Little League is requesting the use of the two southern and two northern fields at Saratoga Park and the southern field at Kingsley Park on weekdays and Saturdays for its baseball activities.

Pursuant to Agreement No. 25–54, Golden Girls Softball League would use the two fields at Vernon Park for its softball activities on weekdays and Saturdays. Sunday field use by all leagues is not permitted.

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

FISCAL IMPACT: Approval of the proposed Agreements would result in a cost to the City of approximately $8,600 total in lighting and alarm fees, and $6,200 in restroom cleaning fees through the Public Works Department, for a total of $14,800. Maintenance costs for the fields are incorporated in the Fiscal Year 2025–26 Budget. The terms of proposed Agreement Nos. 25–52, 25–53, and 25–54 with Montclair Little League and Golden Girls Softball League are from September 2, 2025, through December 31, 2025.

RECOMMENDATION: Staff recommends the City Council approve Agreement Nos. 25– 52, 25–53, and 25–54 with Montclair Little League and Golden Girls Softball League for use of ball field facilities, subject to any revisions deemed necessary by the City Attorney.

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AGREEMENT NO. 25–52

WITH MONTCLAIR LITTLE LEAGUE

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

WITNESSETH:

WHEREAS, CITY presently has baseball fields in Saratoga Park (two northern and two southern fields) generally located at the southwest corner of Vernon Avenue and Kingsley Street, Montclair, California, and
WHEREAS, said Park has been developed to provide areas for youth sports, on which premises LEAGUE desires to use for Little League baseball (including the Challenger Division for children with disabilities) practices and games at such times and hours set forth in Section 1(aa). The term of this Agreement is for September 2, 2025 through December 31, 2025.

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

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

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

LEAGUE must also ensure that a drip pan be used and ensure barbecue has completely cooled down before returning to storage in any CITY structure. o. To deposit, with the CITY representative, the sum of Three Hundred Dollars ($300) as a refundable cleaning deposit to ensure the proper care and cleanup of the snack bar, restrooms, meeting areas, towers, and equipment therein. At the end of the playing season, an inspection shall be conducted by CITY and LEAGUE representatives to ensure that all areas and CITY– owned equipment have been properly cared for, maintained and cleaned. All non–CITY–owned equipment, with exception of refrigerators, freezers, and ice machines shall be removed from snack bar areas. Refrigerators, freezers, MONTCLAIR CITY COUNCIL MEETING – 08/18/2025 Page 15 of 125 AGREEMENT NO. 25–52
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and ice machines owned by LEAGUE shall be cleaned out, doors left open, and electrical turned off. Any food items left in the refrigerators and/or freezers will be discarded by the CITY. Ice machines owned by CITY shall be cleaned out, serviced, and maintained by CITY.
p. To conform to all safety and health regulations set forth by the County of San Bernardino Department of Public Health and register your snack bar as Pre–packaged. Maintain all CITY–installed facilities and equipment in their original condition. Failure to comply with these requirements will result in a breach of this Agreement and the loss of the use of the premises. q. To follow proper call–out procedures in an emergency (an urgent need for assistance or some type of immediate action) by using only telephone numbers issued for this purpose. A Contact List containing the emergency telephone numbers is attached.
r. LEAGUE agrees to assist CITY in keeping order in the park area and to provide responsible supervision as may be necessary to prevent vandal–ism or malicious mischief to the property including for graffiti removal on buildings within 24 hours of notification, contact Graffiti Abatement Hotline at 625–9429 and report vandalism immediately to the Public Works Department at 625–9480. LEAGUE will not attempt to remove Graffiti or make repairs to building. LEAGUE shall furnish and supply personnel to conduct and supervise LEAGUE activities on the premises. s. If LEAGUE elects to use lights for activities conducted after dark, the CITY will provide electrical services associated with lights at no charge to the LEAGUE.
t. To deposit, with the CITY representative, the sum of Five Hundred Dollars ($500) as a security deposit, to ensure the proper and prompt payment of any incurred damages to facilities associated with the LEAGUE. In the event all potential damages are paid by the end of this Agreement term, the deposit will be refunded.
u. To provide the CITY representative with a list of the Board of Directors, including names, addresses, and telephone numbers.
v. To provide CITY with participant rosters, practice and game schedules.

Fields will be allocated to the League accordingly. The City reserves the right to allocate any field not in use by the League. Also, sixty percent of league participants must live in Montclair and provide verification such as registration forms.
w. To provide CITY with financial statements upon request for audit purposes. x. To designate one individual as the LEAGUE's representative to work with the CITY's representative.

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y. This Agreement is subject to the terms and conditions of any master lease CITY may have with another public agency, of which LEAGUE had knowledge. aa. It is agreed that LEAGUE may use said baseball fields from September 2, 2025 through December 31, 2025, Mondays through Fridays generally commencing at 4:00 p.m. and Saturdays, generally commencing at 8:00 a.m.

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

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

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

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

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

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

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

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

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

APPROVED AND ADOPTED this day of , 2025.

LEAGUE: CITY:

MONTCLAIR LITTLE LEAGUE CITY OF MONTCLAIR

President Javier John Dutrey
Mayor

Secretary
ATTEST:

Andrea M. Myrick
City Clerk
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CITY OF MONTCLAIR

CONTACT LIST FOR SPORTS LEAGUES
SEPTEMBER 2025
Reason for
Contact Authority Contact Telephone Number
After–Hours/
Emergency
Montclair Police
Department Dispatch (909) 621–4771 9–1–1 (Emergency)
Sports League
Administration
City’s Sports League
Liaison
Fernando
Saltos (909) 625–9496
Building
Maintenance
Pub. Works
Facilities/Maint. Asst.

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

Manager
Alex
Cardona
(909) 625–9467
Cell: (909) 762–1372
Vandalism Public Works
Department (909) 625–9480
Graffiti
Removal
Graffiti Abatement
Hotline (909) 625–9429
MONTCLAIR CITY COUNCIL MEETING – 08/18/2025 Page 20 of 125 1 of 7
AGREEMENT NO. 25–53

WITH MONTCLAIR LITTLE LEAGUE

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

WITNESSETH:

WHEREAS, CITY presently has a baseball field generally located at the northwest end of Kingsley Elementary School at Benson Avenue and Kingsley Street, Montclair, California, and
WHEREAS, said Park has been developed to provide areas for youth sports, on which premises LEAGUE desires to use for Junior/Senior Little League baseball practices and games at such times and hours set forth in Section 1(y). The term of this Agreement is for September 2, 2025 through December 31, 2025.

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

LEAGUE must also ensure that a drip pan be used and ensure barbecue has completely cooled down before returning to storage in any CITY structure. n. To deposit, with the CITY representative, the sum of Three Hundred Dollars ($300) as a refundable cleaning deposit to ensure the proper care and cleanup of the snack bar, restrooms, meeting areas, towers, and equipment therein. At the end of the playing season, an inspection shall be conducted by CITY and LEAGUE representatives to ensure that all areas and CITY– owned equipment have been properly cared for, maintained and cleaned. All non–CITY–owned equipment, with exception of refrigerators, freezers, and ice machines shall be removed from snack bar areas. Refrigerators, freezers, and ice machines owned by LEAGUE shall be cleaned out, doors left open, and electrical turned off. Any food items left in the refrigerators and/or freezers will be discarded by the CITY. Ice machines owned by CITY shall be cleaned out, serviced, and maintained by CITY.
o. To conform to all safety and health regulations set forth by the County of San Bernardino Department of Public Health and register your snack bar as MONTCLAIR CITY COUNCIL MEETING – 08/18/2025 Page 22 of 125 AGREEMENT NO. 25–53
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Pre–packaged. Maintain all CITY–installed facilities and equipment in their original condition. Failure to comply with these requirements will result in a breach of this Agreement and the loss of the use of the premises. p. To follow proper call–out procedures in an emergency (an urgent need for assistance or some type of immediate action) by using only telephone numbers issued for this purpose. A Contact List containing the emergency telephone numbers is attached.
q. LEAGUE agrees to assist CITY in keeping order in the park area and to provide responsible supervision as may be necessary to prevent vandalism or malicious mischief to the property including for graffiti removal on buildings within 24 hours of notification, contact Graffiti Abatement Hotline at 625–9429 and report vandalism immediately to the Public Works Department at 625–9480. LEAGUE will not attempt to remove Graffiti or make repairs to building. LEAGUE shall furnish and supply personnel to conduct and supervise LEAGUE activities on the premises. r. If LEAGUE elects to use lights for activities conducted after dark, the CITY will provide electrical services associated with lights at no charge to the LEAGUE.
s. To deposit, with the CITY representative, the sum of Five Hundred Dollars ($500) as a security deposit, to ensure the proper and prompt payment of any incurred damages to facilities associated with the LEAGUE. In the event all potential damages are paid by the end of this Agreement term, the deposit will be refunded.
t. To provide the CITY representative with a list of the Board of Directors including names, addresses, and telephone numbers.
u. To provide CITY with participant rosters, practice and game schedules.

Fields will be allocated to the League accordingly. The City reserves the right to allocate any field not in use by the League. Also, sixty percent of league participants must live in Montclair and provide verification such as registration forms.
v. To provide CITY with financial statements upon request for audit purposes. w. To designate one individual as the LEAGUE's representative to work with the CITY's representative.
x. This Agreement is subject to the terms and conditions of any master lease CITY may have with another public agency of which LEAGUE had knowledge.

y. It is agreed that LEAGUE may use said baseball fields from September 2, 2025 through December 31, 2025, Mondays through Fridays generally commencing at 4:00 p.m. and Saturdays generally commencing at 8:00 a.m.. No games or activities will be conducted past 9:45 p.m.

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

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

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

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

APPROVED AND ADOPTED this day of , 2025.

LEAGUE: CITY:

MONTCLAIR LITTLE LEAGUE CITY OF MONTCLAIR

President Javier John Dutrey
Mayor

Secretary
ATTEST:

Andrea M. Myrick
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 08/18/2025 Page 26 of 125 AGREEMENT NO. 25–53
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CITY OF MONTCLAIR

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

WITH MONTCLAIR GOLDEN GIRLS SOFTBALL LEAGUE

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

WITNESSETH:

WHEREAS, CITY presently has softball fields (the east and west fields) generally located at the southeast corner of the Vernon Junior High School complex, south of the corner of Benson Avenue and San Bernardino Street, Montclair, California; and WHEREAS, said Park has been developed to provide areas for youth sports, on which premises LEAGUE desires to use for girls softball practices and games at such times and hours set forth in Section 1(y). The term of this Agreement is for September 2, 2025 through December 31, 2025.

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

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

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

Fields will be allocated to the League accordingly. The City reserves the right to allocate any field not in use by the League. Also, sixty percent of league participants must live in Montclair and provide verification such as registration forms.
v. To provide CITY with financial statements upon request for audit purposes. w. To designate one individual as the LEAGUE's representative to work with the CITY's representative.
x. This Agreement is subject to the terms and conditions of any master lease CITY may have with another public agency of which LEAGUE had knowledge.

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

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

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

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

NOW, THEREFORE, if any terms of this Agreement are not complied with, the Agreement will become null and void and the LEAGUE will be refused use of CITY facilities. The CITY may at any time, for any reason, with or without cause, suspend or MONTCLAIR CITY COUNCIL MEETING – 08/18/2025 Page 32 of 125 AGREEMENT NO. 25–54
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terminate this Agreement, or any portion hereof, by serving upon the LEAGUE at least ten (10) days prior written notice.

APPROVED AND ADOPTED this day of , 2025.

LEAGUE: CITY:

GOLDEN GIRLS SOFTBALL CITY OF MONTCLAIR

President Javier John Dutrey
Mayor

Secretary
ATTEST:

Andrea M. Myrick
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 08/18/2025 Page 33 of 125 AGREEMENT NO. 25–54
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CITY OF MONTCLAIR

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

CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 18, 2025
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 2
FILE I.D.: GRT200
DEPT.: PUBLIC WORKS
PREPARER: M. HEREDIA
SUBJECT: CONSIDER APPROVAL OF REVISED AGREEMENT NO. 25–57 WITH SAN BERNARDINO

COUNTY TRANSPORTATION AUTHORITY FOR FUNDING OF THE CENTRAL AVENUE

SMART CORRIDOR PROJECT, SUBJECT TO ANY REVISIONS DEEMED NECESSARY BY

THE CITY ATTORNEY
REASON FOR CONSIDERATION: The City Council is requested to consider approval of revised Agreement No. 25–57 with San Bernardino County Transportation Authority (SBCTA) for funding of the Central Avenue Smart Corridor Project, subject to any revisions deemed necessary by the City Attorney.

A copy of revised Agreement No. 25–57 is attached for review and consideration by the City Council.

BACKGROUND: In December 2024, the San Bernardino County Council of Governments (SBCOG) completed the Smart County Master Plan (SCMP) with input from a full range of stakeholders, including local jurisdictions. One of the early action items in the SCMP was to move forward with a set of “smart corridors” on which to focus controller technology and communications upgrades to improve traffic flow, with the additional consideration of incorporating technology to reduce delays for buses on the Omnitrans network.

The SBCTA Board previously allocated $3,000,000 and $2,000,000 of Measure I Valley Traffic Management System (TMS) program funds to be made available to East Valley and West Valley jurisdictions, respectively, through a competitive grant process for implementation of a regional coordinated approach to the San Bernardino Valley Coordinated Traffic Signal System (SBVCTSS) program improvements.

Earlier this year, SBCTA staff sent a request for information (RFI) for Smart Corridors to allocate TMS funds for investment in traffic signal coordination upgrades for corridors in the Valley. The RFI established a $1,000,000 per project proposal maximum award and established a minimum match of 20%. On March 19, 2025, SBCTA convened a panel to review and evaluate the proposals received from local jurisdictions. The proposals were evaluated on the criteria included in the RFI as listed below:
x Overall Quality and Clarity of Application 10
x Project Purpose and Need 35
x Project Delivery 25
x Local Matching Funds 20
x Location on SBVCTSS corridors and/or 10
Omnitrans’ priority transit corridors and
TSP–readiness
MONTCLAIR CITY COUNCIL MEETING – 08/18/2025 Page 35 of 125 After review of the proposals by the evaluation panel, the following projects totaling $4,952,526 were recommended for award by the SBCTA board (in alphabetical order, not priority):

1. $660,400 to the City of Colton for smart corridor improvements to Pepper Avenue and Valley Boulevard.

2. $1,000,000 to the City of Highland for smart corridor improvements to Base Line Street and Greenspot Road.

3. $943,000 to the City of Ontario for smart corridor improvements to Euclid Avenue.

4. $1,000,000 to the City of Montclair for smart corridor improvements to Central Avenue.

5. $976,750 to the City of Rialto for smart corridor improvements to Riverside Avenue.

6. $372,376 to the City of San Bernardino for smart corridor improvements to Baseline Street.

The City’s traffic engineering consulting firm, AGA Engineers, Inc. (AGA), identified Central Avenue within the cities of Montclair and Chino, as well as San Bernardino County, as a promising candidate for the development of a “Smart Arterial Corridor,” as well as Holt and Mission Boulevards within Montclair and San Bernardino County.

As described on the August 4, 2025 City Council Agenda Report, City staff submitted two proposals as follows:
x Central Avenue Smart Corridor Project
The proposed project corridor encompasses intersections at Caltrans interchanges on Central Avenue, specifically at I–10 and SR–60. The project limits along Central Avenue extend from Richton Street in Montclair to Riverside Drive in Chino, incorporating 28 traffic signals. Additionally, the proposal noted that a segment of Central Avenue in the northern portion is designated as part of Omnitrans Priority Transit Corridors, and the entire corridor falls under the SBVCTSS.
x Holt Boulevard and Mission Boulevard Connected Smart Corridors Project The proposed project boundaries include Holt Boulevard from Amherst Avenue to Benson Avenue, Mission Boulevard from Roswell Avenue to Central Avenue, Ramona Avenue connecting Holt and Mission Boulevards, and Monte Vista Avenue linking Holt and Mission Boulevards. A total of 17 traffic signals are included in the Project. It was also noted in the proposal that Holt Boulevard along the entire project limits is part of the Omnitrans Priority Transit Corridors and all project corridors are part of the SBVCTSS. Additionally, Holt Boulevard in the City of Montclair is part of the West Valley Connector Bus Rapid Transit Project.

On August 4, 2025, the City Council approved Agreement No. 25–57 to accept funding for the Holt and Mission Project based on staff’s recommendation in the Agenda Report.

However, after the meeting, it was discovered that SBCTA had approved funding for the Central Project, not for the Holt and Mission Project. City staff was not able to find communications notifying the City of the funding award for the Central Project, did not receive a response from the SBCTA staffer who was sent the draft contract in July, and recently found out that City staff’s communications were blocked by SBCTA’s email spam filter, which is why City staff did not receive a response. Since this incident, SBCTA staff contacted City staff and provided a revised agreement containing the correct project.

MONTCLAIR CITY COUNCIL MEETING – 08/18/2025 Page 36 of 125 SBCTA did not fund the Holt Boulevard and Mission Boulevard Connected Smart Corridors Project due to limited funds in the TMS program funds, with the maximum funding allocation per agency capped at $1,000,000. Fortunately, the City received the maximum award for the Central Avenue Smart Corridor Project.

FISCAL IMPACT: Approval of revised Agreement No. 25–57 would have no direct fiscal impact on the City's General Fund at this time, but may result in an award to improve the City’s traffic signalization along Central Avenue. The requested funding amount will be determined during the design and construction phase of the Project. Matching funds of $314,341 is required as part of this Agreement. Matching funds are available from the 2021 Lease Revenue Bond Fund.

RECOMMENDATION: Staff recommends the City Council approve revised Agreement No. 25–57 with San Bernardino County Transportation Authority for funding of the Central Avenue Smart Corridor Project, subject to any revisions deemed necessary by the City Attorney.

MONTCLAIR CITY COUNCIL MEETING – 08/18/2025 Page 37 of 125

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CITY OF MONTCLAIR AGREEMENT NO. 25–57
SBCTA AGREEMENT NO __

FUNDING AGREEMENT

BETWEEN THE

SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY

AND CITY OF MONTCLAIR

FOR THE

CENTRAL AVENUE SMART CORRIDOR
I. PARTIES AND TERM
A. This Funding Agreement (“AGREEMENT”) is entered into by and between the San Bernardino County Transportation Authority (“SBCTA”) and City of Montclair (“CITY”) (each individually a “PARTY” and collectively, the “PARTIES”) on the Effective Date (as defined herein). The PARTIES hereby mutually agree to all of the following terms and provisions of this AGREEMENT, including the Recitals in Section II.

B. This AGREEMENT shall be effective as of the last date of execution by SBCTA and CITY (“Effective Date”) and shall terminate on September 30, 2027, but may be extended for an additional year at the sole discretion of SBCTA or terminated earlier in accordance with the provisions of this AGREEMENT.

C. SBCTA may terminate this AGREEMENT if CITY fails to perform according to the terms of this AGREEMENT and if this jeopardizes the delivery of the PROJECT, as defined below, according to the terms herein.

II. RECITALS
A. WHEREAS, CITY desires to implement smart corridor improvements on Central Avenue (PROJECT).

B. WHEREAS, SBCTA has an interest in facilitating the upgrade of communications and controller technology to improve traffic flow and establish a foundation for implementation of transit signal priority (TSP) in the San Bernardino Valley.

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C. WHEREAS, the CITY’s scope of work attached hereto as Attachment “A” (Scope of Work) includes the smart corridor improvements, or PROJECT, to be undertaken in this AGREEMENT, and is currently estimated to cost a total of $1,314,341.

D. WHEREAS, SBCTA shall pay 76.084% of qualifying PROJECT expenditures, up to a maximum total amount of $1,000,000, to the CITY for performing the PROJECT in accordance with the Scope of Work included in ATTACHMENT A, on a cost reimbursement basis (SBCTA AWARD AMOUNT). The current estimated PROJECT cost, and each PARTY’s estimated funding obligation, is shown in the FUNDING TABLE in ATTACHMENT B.

E. WHEREAS, the CITY is obligated to fund the difference between the actual PROJECT cost and the actual SBCTA AWARD AMOUNT.

F. WHEREAS, CITY is qualified to manage the project delivery of the PROJECT.

G. WHEREAS, SBCTA desires that CITY deliver the Scope of Work identified under this AGREEMENT, and CITY agrees to perform these services as set forth below.

III. RESPONSIBILITIES
A. CITY Responsibilities:
i. CITY shall be the lead agency for the PROJECT’s Scope of Work and agrees to diligently undertake and complete the Scope of Work in a timely manner. ii. CITY shall procure all consulting services, traffic control equipment and construction support necessary and required to deliver the PROJECT as generally described and as set forth in Attachment A to this AGREEMENT. iii. CITY shall provide funding for the PROJECT in accordance with Section V. Fiscal Provisions.
iv. CITY shall submit an electronic copy of signed invoices for reimbursement of eligible PROJECT expenses as frequently as monthly but not less frequently than quarterly in accordance with Section V. Fiscal Provisions. The invoice shall include appropriate backup documentation to support and justify payment of invoices. No CITY staff time shall be charged to SBCTA under this AGREEMENT. v. On a quarterly basis, the CITY shall submit to SBCTA progress reports and documentation of work performed on the PROJECT under this AGREEMENT, due not later than 30 days following the end of each calendar quarter. vi. Upon completion of PROJECT, City shall provide a project completion memorandum with the final invoice that describes PROJECT benefits in accordance with Section V. Fiscal Provisions.
vii. CITY shall post signs, if feasible, at the boundaries of the PROJECT noting that PROJECT is funded with Measure I funds. Signs shall bear the logos of SBCTA and CITY.

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viii. CITY shall protect from unauthorized use or disclosure of names and other Personally Identifiable Information (PII) concerning persons receiving services pursuant to this AGREEMENT, except for anonymous statistical information that does not identify participants. PII is defined as any information that identifies or describes a person, including, but not limited to: name; social security number; date of birth; driver license number; home address; telephone number; billing address; e–mail address; credit card number and expiration date; bank account information; medical and health information, including digital copies of personal, or protected, health information (ePHI); health insurance; user name or email address, in combination with a password or security question and answer that would permit access to an online account; and other personally identifiable information as defined by California or federal law. CITY shall not use or disclose any PII for any purpose other than carrying out the obligations under this AGREEMENT, except as may be otherwise required by law. This provision will remain in the force even after the termination of the AGREEMENT.

B. SBCTA Responsibilities
i. SBCTA shall provide funding for the PROJECT in accordance with Section V.

Fiscal Provisions.
ii. SBCTA shall provide payment of CITY invoice within 30 days after receiving an invoice determined to be complete and in accordance with the Scope of Work and general provisions provided under this AGREEMENT.
iii. SBCTA shall reimburse the CITY in an amount equal to the costs incurred and invoiced to SBCTA minus the CITY match percentage in accordance with Section V. Fiscal Provisions.
iv. SBCTA shall not reimburse CITY for any project cost overruns.

IV. MUTUAL RESPONSIBILITIES
A. SBCTA and CITY will establish mutually satisfactory methods for dispute resolution at the lowest possible level, with a procedure to mobilize dispute resolution up through the PARTIES’ respective chains of command.

B. SBCTA and CITY will cooperate and coordinate with project delivery team and other parties in providing the services and responsibilities required under this AGREEMENT to the extent practicable with respect to the performance hereunder.

C. SBCTA and CITY will abide by all applicable federal, state, and local laws and regulations pertaining to the PROJECT’s Scope of Work and this AGREEMENT.

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V. FISCAL PROVISIONS
A. CITY shall fund the difference between the actual PROJECT cost and the actual SBCTA AWARD AMOUNT, as provided for in this AGREEMENT. SBCTA shall reimburse the CITY 76.084% of allowable PROJECT expenditures incurred by CITY, as the actual SBCTA AWARD AMOUNT. In no event shall SBCTA reimbursements, or the actual SBCTA AWARD AMOUNT, under this AGREEMENT, exceed $1,000,000. If the actual PROJECT cost exceeds the current estimate of $1,314,341, then CITY shall pay the match of $314,341 plus 100% of the total PROJECT cost in excess of $1,314,341. Eligible reimbursements shall include only those costs incurred by CITY for PROJECT–specific work activities that are described in this AGREEMENT and shall not include escalation or interest.

B. CITY shall not more frequently than monthly and not less frequently than quarterly prepare and submit an electronic copy of signed invoices to SBCTA in a form satisfactory to SBCTA for reimbursement of eligible PROJECT expenses. SBCTA shall pay the invoice to the CITY within 30 days of receipt of CITY’s invoice that is determined to be complete. At the conclusion of the PROJECT, CITY shall provide a project completion memorandum with the final invoice not later than 60 days following completion of the project summarizing total expenditures incurred and project benefits.

The SBCTA ClearGuide system is available for quantifying traffic speed and delay benefits.

C. CITY shall include in its project completion memorandum to SBCTA a final summary of all funds expended on the PROJECT and provide documentation of all CITY funds used for the local match on the PROJECT. Should it be determined that the CITY spent less on its local match than identified in this AGREEMENT, the CITY shall reimburse SBCTA in an amount that brings the total PROJECT expenditures into compliance with the local match percentage established in the Recitals above.

D. CITY shall maintain all source documents, books and records connected with its performance under this AGREEMENT for a minimum of five (5) years from the date of the project completion memorandum submittal to SBCTA or until audit resolution is achieved, whichever is later, and to make all such supporting information available for inspection and audit by representatives of SBCTA during normal business hours at CITY Hall. Copies will be made and furnished by CITY upon written request by SBCTA.

E. CITY shall establish and maintain an accounting system conforming to Generally Accepted Accounting Principles to support CITY’s requests for reimbursement, payment vouchers, or invoices which segregate and accumulate costs of PROJECT’s Scope of WORK elements and produce monthly reports which clearly identify reimbursable costs, matching fund costs, indirect cost allocation, and other allowable expenditures by CITY.

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VI. GENERAL PROVISIONS
A. No waiver of any of the provisions of the AGREEMENT shall be effective unless it is made in a writing which specifies the provision(s) so waived and which is executed by both PARTIES. No course of dealing and no delay or failure of a PARTY in exercising any right under any AGREEMENT shall affect any other or future exercise of that right or any exercise of any other right. A PARTY shall not be precluded from exercising a right by its having partially exercised that right or its having previously abandoned or discontinued steps to enforce that right.

B. This AGREEMENT will be considered terminated upon reimbursement of all eligible costs by SBCTA or CITY, whichever is sooner, provided that the provisions of Section V and Section VII shall survive termination of this AGREEMENT.

C. Any modifications of any terms or conditions of this AGREEMENT shall be valid only when reduced to writing, duly signed and approved by the authorized representatives of all PARTIES.

D. This AGREEMENT constitutes the sole and entire agreement among the PARTIES governing the matters set forth herein and supersedes any prior understandings, negotiations, agreements, arrangements and undertakings, written or oral, between the PARTIES respecting the subject matter herein. All previous proposals, offers, and other communications, written or oral, relative to this AGREEMENT, are superseded to the extent that they are not incorporated into this AGREEMENT. It is the intent of the PARTIES that this AGREEMENT is an integrated agreement and that no evidence may be introduced to vary in any manner its terms and conditions. No representation, warranty, covenant, inducement or obligation not included in this AGREEMENT shall be binding.

E. Without the prior written consent of the other PARTY, the AGREEMENT is not assignable by either PARTY, in whole or in part.

F. If any legal action is instituted to enforce any PARTY’s rights hereunder, each PARTY shall bear its own costs and attorney fees, regardless of who is the prevailing PARTY.

This paragraph shall not apply to those costs and attorney fees directly arising from a third–party legal action against a PARTY hereto and payable under any indemnification or insurance requirements.

G. This AGREEMENT shall be governed by and construed according to the laws of the State of California.

H. The PARTIES acknowledge and agree that this AGREEMENT was entered into and intended to be performed in Montclair, California. The PARTIES agree that the venue of any action or claim brought by any PARTY to this AGREEMENT will be the Superior Court of California, San Bernardino County. Each PARTY hereby waives any law or rule of the court, which would allow them to request or demand a change of MONTCLAIR CITY COUNCIL MEETING – 08/18/2025 Page 42 of 125

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venue. If any action or claim concerning this AGREEMENT is brought by any third party and filed in another venue, the PARTIES hereto agree to use their best efforts to obtain a change of venue to the Superior Court of California, San Bernardino County.

VII. MUTUAL INDEMNIFICATION
A. Neither SBCTA, nor any officer, employee, or agent thereof, is responsible for any injury, damage or liability occurring or arising by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction assigned or delegated to CITY under this AGREEMENT. It is understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully defend, indemnify and save harmless SBCTA, its officers, employees, and agents, from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction assigned or delegated to CITY under this AGREEMENT. CITY’s indemnification obligation applies to SBCTA’s “active” as well as “passive” negligence but does not apply to SBCTA’s “sole negligence” or “willful misconduct” within the meaning of Civil Code Section 2782.

B. Neither CITY, nor any officer, employee, or agent thereof, is responsible for any injury, damage or liability occurring or arising by reason of anything done or omitted to be done by SBCTA under or in connection with any work, authority or jurisdiction assigned or delegated to SBCTA under this AGREEMENT. It is understood and agreed that, pursuant to Government Code Section 895.4, SBCTA shall fully defend, indemnify and save harmless CITY, its officers, employees, and agents, from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by SBCTA under or in connection with any work, authority or jurisdiction assigned or delegated to SBCTA under this AGREEMENT. SBCTA’s indemnification obligation applies to CITY’s “active” as well as “passive” negligence but does not apply to CITY’s “sole negligence” or “willful misconduct” within the meaning of Civil Code Section 2782.

C. In the event the CITY and/or SBCTA is found to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under the AGREEMENT, the CITY and/or SBCTA shall indemnify the other to the extent of its comparative fault.

VIII. INSURANCE
A. CITY is a self–insured public entity for purposes of Professional Liability, General Liability, Automobile Liability and Workers' Compensation and warrants that through its program of self–insurance, it has adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions or obligations of this AGREEMENT. CITY shall include in all contracts between CITY and contractors MONTCLAIR CITY COUNCIL MEETING – 08/18/2025 Page 43 of 125

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performing construction–related work in accordance with the Scope of Work that SBCTA be named as an additional insured under general liability insurance policies maintained by the contractor of the PROJECT.

B. SBCTA is insured for Commercial General Liability, Professional Liability, Auto Liability and Workers Compensation in amounts believed to be adequate to protect against liabilities arising out of the performance of the terms, conditions or obligations of this AGREEMENT.

IX. CONCLUSION
A. This AGREEMENT, consisting of seventeen (17) pages, including Attachment A, is the full and complete document including all covenants, conditions, and benefits.

B. The signatures of the PARTIES affixed to this AGREEMENT affirm that they are duly authorized to commit and bind them to the terms and conditions set forth in this document.

C. This AGREEMENT may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same AGREEMENT. The PARTIES shall be entitledtosignandtransmitan electronic signature of this AGREEMENT (whether byPDF or other mail transmission), whichsignatureshallbebinding on the PARTY whose name is contained therein. Each PARTY providing an electronic signature agrees to promptly execute and deliver to the otherPARTY an original signed AGREEMENT uponrequest.
–––––– SIGNATURES ON FOLLOWING PAGE –––––
MONTCLAIR CITY COUNCIL MEETING – 08/18/2025 Page 44 of 125

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In witness whereof the PARTIES have executed this AGREEMENT on the dates written below and this AGREEMENT is effective upon the last date of execution below.

SAN BERNARDINO COUNTY

TRANSPORTATION AUTHORITY
By:

Carrie Schindler, Executive Director
Date:

APPROVED AS TO FORM:

By:

Iain MacMillan
Assistant General Counsel

CITY OF MONTCLAIR
By:

Javier “John” Dutrey, Mayor
Date:

ATTEST:

By:

Andrea Myrick, City Clerk
APPROVED AS TO FORM:

By:

Diane Robbins, City Attorney
MONTCLAIR CITY COUNCIL MEETING – 08/18/2025 Page 45 of 125

CITY OF MONTCLAIR
5111 Benito Street, P.O. Box 2308, Montclair, CA 91763 (909) 626-8571 FAX (909) 621-1584 Mayor Javier John Dutrey • Mayor Pro Tem Corysa Martinez • Council Members: Bill Ruh, Benjamin Lopez, Xavier Mendez • City Manager Edward C. Starr

Page 1 of 5 ends

March 17, 2025
Mr. Ryan Graham
Program Manager
San Bernardino County Transportation Authority (SBCTA)
1170 W. 3rd St., 2nd Floor
San Bernardino, CA 92410
RE: Central Avenue Smart Corridors Grant Application
The City of Montclair is pleased to respond to SBCTA’s Request for Information for the Development of Smart Arterial Corridors in the San Bernardino Valley. The City has identified Central Avenue within the Cities of Montclair and Chino, and the County of San Bernardino as a prime candidate for becoming “Smart Arterial Corridor”. The proposed project corridor includes Caltrans intersections at Central Avenue/I-10 and Central Avenue/SR-60 interchanges. The Central Avenue Smart Corridor project limits include Richton Street on the north in the City of Montclair to Riverside Drive in the City of Chino. A total of 28 traffic signals are included in the project corridor.

It is important to note that a portion of Central Avenue on the north is a part of Omnitrans Priority Transit Corridors. Additionally, the entire corridor is a part of the San Bernardino Valley Coordinated Traffic Signal System (SBVCTSS). The project corridor is shown in the figure on the following page.

Lead Jurisdiction
The City of Montclair intends to lead this project with support from the City of Chino and San Bernardino County and collaboration from Caltrans.

Below is the contact information for the City of Montclair, City of Chino and San Bernardino County.

Monica Heredia, P.E.

Public Works Director/City Engineer
City of Montclair
5111 Benito Street
Montclair, CA 91763
(909) 625-9441
[email protected]
Dennis Ralls, T.E.

City Traffic Engineer
Public Works Department
City of Chino
13220 Central Avenue
Chino, CA 91710
(909) 334-3536
[email protected]
Osvaldo Roque
Supervising Engineer
Signal Operations & Contracts
County of San Bernardino
(909) 387-8186
[email protected]
ƚƚĂĐŚŵĞŶƚ
MONTCLAIR CITY COUNCIL MEETING – 08/18/2025 Page 46 of 125 Central Avenue Smart Corridors Grant Application

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MONTCLAIR CITY COUNCIL MEETING – 08/18/2025 Page 47 of 125 Central Avenue Smart Corridors Grant Application

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Project Summary
The City of Montclair currently maintains a total of 48 signalized intersections with 5 additional signalized intersections maintained by Caltrans. The City currently manages the traffic signals via the Swarco Transparity Traffic Management System located at City Hall. The traffic signals communicate to the central system via fiber optic, Ethernet over copper, and wireless communications. This project proposes to upgrade traffic signals along Central Avenue. The City maintained traffic signals utilize a mix of Model 170 and 2070 controller units with McCain 233, 2033, and Omni eX software. Controllers with McCain 233 and 2033 software have been in use for over 10 years. As part of this project, it is the City’s goal to upgrade aging traffic signal communication equipment including controller units and the traffic management system to position the City for future Transit Signal Priority projects. The City of Chino signals use the latest Econolite controllers. The City of Chino intends to add new state-of-the-art traffic surveillance cameras with Artificial Intelligence to assist with traffic signal operations.

Proposed Improvements
The proposed improvements identified for this project are illustrated in the attached figure.

Improvements include the following:
- Traffic Signal Cabinet Upgrades
- Traffic Signal Controller Unit upgrades to TSP-Ready Controllers - Traffic Signal Communications
o Fiber Optic Cable in Existing Conduit/New Conduit
o Wireless Ethernet Radios
o Fiber Ethernet Switches
- Traffic Surveillance Cameras with Artificial Intelligence at City of Chino intersections - Traffic Signal Coordination Timing with Traffic Responsive System for the Project Corridor Benefits of Project
The proposed improvements identified in this project will greatly benefit the Cities of Montclair and Chino and San Bernardino County, its residents, and adjoining agencies. The project will provide the participating agencies with the resources to replace out-of-date equipment with a new state-of-the-art traffic signal system. This new equipment will allow for the implementation of smart corridors and the implementation of new traffic signal coordination timing with a Traffic Responsive System. Traffic signal coordination has shown to provide 10%-15% improvement in travel time reduction providing important air quality benefits.

Financial Plan
A preliminary cost estimate for the proposed improvements has been prepared and is presented on the attached table. It is estimated that the total project cost, which includes engineering design, construction, construction management, and signal timing preparation will be $1,314,341 which includes an agency match of $314,341 (31.43%).

MONTCLAIR CITY COUNCIL MEETING – 08/18/2025 Page 48 of 125 Central Avenue Smart Corridors Grant Application

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Project Schedule
The City intends to fast track the implementation of this project if awarded. The proposed project schedule is summarized below.

SBCTA Board Approval May 7, 2025
SBCTA/City Funding Agreement June/July 2025
Consultant Selection August/September 2025
PS&E Preparation October 2025 – March 2026
Construction April 2026 – September 2026
Signal Timing Implementation December 2026
Project Acceptance and Final Report June 2027
Corridor Transportation Data
As mentioned previously, a portion of Central Avenue is an Omnitrans Priority Transit Corridor. The different routes along the project corridor are as follows:
- Omnitrans Route 66
o Central Avenue from Richton Street to Moreno Street
- Omnitrans Route 84
o Central Avenue from Richton Street to 7th Street
- Omnitrans Route 85
o Central Avenue from Arrow Route to Richton Street
o Central Avenue from San Bernardino Street to Philadelphia Street Average daily traffic for the project corridors is summarized on the Table below.

Street Segment AADT
Northern City Limits to Moreno Street 25,880
Moreno Street to I-10 Fwy 38,370
I-10 Fwy to San Bernardino Street 41,830
San Bernardino Street to Orchard Street 40,210
Orchard Street to Holt Boulevard 35,550
Holt Boulevard to Phillips Boulevard 40,770
Phillips Boulevard to Francis Avenue 29,743
Francis Avenue to Philadelphia Street 28,970
Philadelphia Street to SR-60 Fwy 38,206
SR-60 Fwy to Walnut Avenue 31,723
Walnut Avenue to Riverside Drive 34,765
Central Ave Smart Corridor
ADT Volumes
Central Avenue
MONTCLAIR CITY COUNCIL MEETING – 08/18/2025 Page 49 of 125 Central Avenue Smart Corridors Grant Application

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Maintenance of System
The Cities of Montclair and Chino, and the County of San Bernardino currently allocate adequate resources to maintain their traffic signal system. With the implementation of “Smart Corridor” improvements, the participating agencies intend to allocate additional resources to maintain the “Smart Corridors” to benefit their residents and the motorists who travel those corridors.

The City of Montclair looks forward to partnering with SBCTA for the implementation of this important project. If there are any questions on our proposed project or if you want to discuss it further, please feel free to contact me.

Respectfully submitted,
Monica Heredia, P.E.

Public Works Director/City Engineer
City of Montclair
5111 Benito Street
Montclair, CA 91763
(909) 625-9441
[email protected]
MONTCLAIR CITY COUNCIL MEETING – 08/18/2025 Page 50 of 125

BERNARDINO
COUNTY
SAN
UPLAND

ONTARIO
CHINO

MONTCLAIR

EXISTING CITY OF MONTCLAIR TRAFFIC SIGNAL

EXISTING CALTRANS TRAFFIC SIGNAL

EXISTING CITY OF CHINO TRAFFIC SIGNAL

SBVCTSS CORRIDOR

OMNITRANS PRIORITY TRANSIT CORRIDOR
PROPOSED "TSP-READY" CONTROLLER UNIT

PROPOSED CELL PHONE MODEM

PROPOSED WIRELESS ETHERNET RADIO

FIBER CABLE IN NEW CONDUIT

EXISTING FIBER COMMUNICATIONS

PROPOSED FIBER ETHERNET SWITCH
LEGEND:

PROPOSED CCTV CAMERA
Central Ave Smart Corridor

EXISTING SAN BERNARDINO COUNTY TRAFFIC SIGNAL
MONTCLAIR CITY COUNCIL MEETING – 08/18/2025 Page 51 of 125 ĞǀĞůŽƉŵĞŶƚŽĨ^ŵĂƌƚƌƚĞƌŝĂůŽƌƌŝĚŽƌƐŝŶƚŚĞ^ĂŶĞƌŶĂƌĚŝŶŽsĂůůĞǇ ŝƚǇŽĨDŽŶƚĐůĂŝƌĂŶĚŝƚǇŽĨŚŝŶŽ
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MONTCLAIR CITY COUNCIL MEETING – 08/18/2025 Page 52 of 125

ATTACHMENT B

FUNDING TABLE FOR MONTCLAIR CENTRAL AVENUE SMART CORRIDOR A. Estimated Total Cost $1,314,341
B. Maximum Award Amount $1,000,000
C. Match commitment $314,341
D. Match percentage of award amount 31.43%
E. Match percentage of total estimated cost 23.92%
F. Percentage of eligible costs billable with each invoice (B divided by A) 76.084%

INVOICING INSTRUCTIONS
x Invoices may be submitted to SBCTA as frequently as monthly. x SBCTA reimbursement available at 76.084% of eligible expenses in each invoice.
x Justification is responsible for remainder of each invoice (local match share). x Maximum total SBCTA reimbursement (award amount) is $1,000,000. x Jurisdiction is responsible for 100% of expenditures after maximum aware amount is reached.
x If actual expenditures are less than Estimates Total cost above, SBCTA is responsible only for 76.084% of actual expenditure.
x Invoice must document the work accomplished and expenses incurred for each period.
x Invoices must include cumulative totals for SBCTA reimbursement and local expenditures.

MONTCLAIR CITY COUNCIL MEETING – 08/18/2025 Page 53 of 125

CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 18, 2025
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 3
FILE I.D.: CCK297/LEG050
DEPT.: ADMIN. SVCS.

PREPARER: A. MYRICK
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 25–59, A MEMORANDUM OF UNDERSTANDING WITH THE COUNTIES OF LOS ANGELES, ORANGE, RIVERSIDE, AND SAN DIEGO FOR USE OF THE SECURE G2G SERVICE TO ELECTRONICALLY RECORD DOCUMENTS WITH THE SAN BERNARDINO COUNTY RECORDER’S OFFICE

CONSIDER AUTHORIZING THE CITY CLERK TO SIGN SAID AGREEMENT REASON FOR CONSIDERATION: The City wishes to continue using Government to Government (G2G) service for the electronic recording of documents with the San Bernardino County Recorder’s Office, which the City has been using since 2016, requiring an agreement with the owners of the new system the County has migrated to.

The City Council is requested to consider approval of Agreement No. 25–59, a Memorandum of Understanding with the Counties of Los Angeles, Orange, Riverside, and San Diego for use of the SECURE G2G system to electronically record documents with the San Bernardino County Recorder’s Office, and authorize the City Clerk to sign the Agreement and execute related documents.

BACKGROUND: Government Code Section 27201 requires various documents to be recorded with the County for permanent record. In 2013, San Bernardino County began offering electronic recording services, called Government to Government (G2G), to local county and city offices. Montclair started using this service in 2016, which required setting up a standalone work station to the County’s specifications for the single purpose of recording documents. This arrangement greatly streamlined the process of recording documents. The City was originally set up by San Bernardino County to use the G2G recording service, which was also operated by the County.

On June 1, 2020, San Bernardino County transitioned its service to the SECURE G2G electronic recording system. The City’s current authorization for use of the system expires in September, and the City must enter into a new Memorandum of Understanding with the owners of the SECURE G2G portal, which are the Counties of Orange, Riverside, Los Angeles and San Diego (Owner Counties) to ensure that the rules, policies are equipment requirements are followed. The Orange County Assessor–Clerk–Recorder is the lead agency that manages the agreements on behalf of the other Counties.

Staff extensively uses the electronic recording service for liens and lien releases, grant deeds, easements, irrevocable annexation agreements, and documents related to the purchase and transfer of properties for the Montclair Housing Corporation’s affordable housing program. Currently, the City has six staff members authorized to record documents. The process of recording requires each person to bring a physical token that was provided by San Bernardino County to the recording station to log in using secure protocols.

MONTCLAIR CITY COUNCIL MEETING – 08/18/2025 Page 54 of 125 Before the availability of electronic recording, staff would have to take documents to be recorded in person or mail them to the San Bernardino County Recorder’s Office, which could take approximately 1–3 weeks to process. If any documents are rejected and require amendments, the recording process is delayed an additional 1–3 weeks.

Although there is more processing taking place on staff’s end to prepare, scan, upload, and send the documents electronically, the turnaround time is typically the same or next business day.

FISCAL IMPACT: There is no cost to the City related to approval of Agreement No. 25– 59 for continued use of the SECURE electronic recording service. Recording documents electronically does not incur additional fees over the standard process. The term of the MOU would be five years.

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

1. Approve Agreement No. 25–59, a Memorandum of Understanding with the Counties of Los Angeles, Orange, Riverside, and San Diego for use of the SECURE G2G service to electronically record documents with the San Bernardino County Recorder’s Office, and

2. Authorize the City Clerk to sign said Agreement.

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MEMORANDUM OF UNDERSTANDING

BETWEEN OWNER COUNTIES AND GOVERNMENT PARTICIPANTS
FOR THE USE OF THE SECURE GOVERNMENT TO GOVERNMENT (G2G) PORTAL
THIS MEMORANDUM OF UNDERSTANDING (“MOU” or “Agreement”), made and entered into on __8/18/2025__, is between the counties of Los Angeles, Orange, Riverside, and San Diego (hereinafter collectively referred to as “Owners”) that own the Statewide Electronic Courier Universal Recording Environment (“SECURE”) with the Orange County Clerk-Recorder acting on their behalf as the Lead County, and __City of Montclair, City Clerk __ the submitting party (“Government Agency”), recording electronically through the SECURE Government to Government (G2G) Portal. The Owners and Government Agency are collectively referred to as the “Parties.”
WHEREAS, California Government Code Section 27279(b) states “[t]he recorder of any county may, in lieu of a written paper, accept for recording digitized images, digital images, or both, of a recordable instrument, paper, or notice if [. . .] [t]he requester and addressee for delivery of the recorded images are the same and can be readily identified as a local or state government entity, or an agency, branch, or instrumentality of the federal government.” WHEREAS, the Counties of Orange, Los Angeles, Riverside and San Diego are the Owners of the SECURE G2G Portal; and
WHEREAS, the SECURE G2G Portal functions as a separate portal under the same security framework as the existing SECURE system; and
WHEREAS, the Counties of Orange, Los Angeles, Riverside and San Diego entered into an agreement dated August 19, 2008 to share the ownership and ongoing maintenance of a multicounty G2G electronic recording portal; and WHEREAS, Orange County is the “Lead County” in supporting this SECURE G2G Portal and is responsible for executing any agreements with participants with the approval of the other Owners.

NOW THEREFORE, the Parties, for and in consideration of the mutual promises and agreements herein continued, do agree to the following:

1. DEFINITIONS
A. Owners: means the Counties of Los Angeles, Orange, Riverside and San Diego Counties.

B. Lead County: means the County of Orange as the designated lead in developing and supporting the multi-county system and responsible for handling the administrative City Clerk Agreement No. 25-59

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functions, negotiating and executing any contract relating to the support and maintenance of SECURE.

C. Partner County or Partner Counties: means non-owner counties that have contracted to use SECURE.

D. SECURE G2G Portal: means the SECURE Government to Government Portal.

E. Government Agency: means a government entity, other government agency, or a county department of the Owners that submits package(s) of documents electronically to an Owner or Partner County using the SECURE G2G Portal for the purpose of electronically recording under this MOU.

F. SECURE: means the Statewide Electronic Courier Universal Recording Environment used by multiple counties to electronically receive and return documents for recording.

G. Government to Government: means the acts of a county recorder recording a document for a Government Agency through the SECURE G2G Portal.

H. Operational Issues: means issues regarding the business rules that dictate what can be recorded by an individual Owner county or Partner County.

I. Technical Issues: means issues regarding how the SECURE G2G Portal electronically receives and returns recordable documents.

J. Infrastructure: means the non-software components used to electronically receive and return recordable documents through the SECURE G2G Portal.

2. PURPOSE
The purpose of this MOU is to define the requirements, rules and policies needed for Parties to share in the use of the SECURE G2G Portal to electronically record documents in a secure electronic recording environment.

3. TERM

This Agreement shall become effective upon the signature of the Parties for a term of 5 years unless terminated in writing by either party in accordance with this Agreement. The parties, by written agreement, may extend the agreement for no more than one additional year.

4. FEES and COST

Government Agency is exempt from fees for SECURE G2G Portal system use, maintenance and technical support. Government Agency may be held responsible to pay any other applicable fees, taxes, and other charges, however denominated, for the recordation of City Clerk Agreement No. 25-59

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documents. Government Agency is responsible for startup costs, which may include reimbursements for setup and tokens if applicable.

5. Eligibility
Established Government Agencies at the local, state or federal level, as defined below, will be allowed to submit legal documents for electronic recording through the SECURE G2G Portal pursuant to California Government Code section 27279(b), which states in part “[t]he recorder of any county may, in lieu of a written paper, accept for recording digitized images, digital images, or both, of a recordable instrument, paper, or notice if [. . .] [t]he requester and addressee for delivery of the recorded images are the same and can be readily identified as a local or state government entity, or an agency, branch, or instrumentality of the federal government.”

6. SECURE G2G Portal Recording Requirements

SECURE G2G Portal recording requirements and specifications are generally set forth in Attachment A and Attachment B, incorporated herein by reference, to this Agreement.

6.1 Government Agency shall comply with any and all requirements and specifications of the Agreement and in Attachments A and B (collectively Attachments).

6.2 Government Agency understands that the requirements and specifications may change from time to time.

6.3 Government Agency understands that the requirements and specifications set forth in the attachments could be specific to individual Owner or Partner Counties.

6.4 Government Agency acknowledges that the recording requirements and specifications contained in the attachments may not be exhaustive of the recording requirements for the individual Owners and Partner Counties.

6.5 Owners will provide written notice to the Government Agency within 30 days if there are any changes to the requirements or specifications.

6.6 Attachment A – Provides the technical specifications including submission methods, communication protocol security framework and imaging standards.

6.7 Attachment B – Contains the processing schedules, hours of operation, policies, sample document types and authority, technical service contact and security incident contact information for electronic recording with each individual Owner or Partner County.

7. Government Agency Acknowledgments and Responsibilities

7.1 Government Agency must supply all electronic recording equipment, i.e., computer, monitor, scanner, printer, an internet connection and a token from the Lead County, if applicable.

City Clerk Agreement No. 25-59

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7.2 The electronic documents or records shall be considered the “original” record of the transaction in substitution for, and with the same intended effect as, paper documents or records. In the case that such documents or records bear a digital or electronic signature, those signatures shall have the same effect as paper documents or records bearing handwritten signatures.

7.3 Government Agency is responsible for the accuracy, completeness and content of documents submitted for recording through the G2G portal.

7.4 Government Agency shall immediately notify Lead County of any security incident, including but not limited to attempts at or actual unauthorized access which could compromise or otherwise adversely affect SECURE’s data systems.

7.5 Government Agency shall ensure that all security measures and credentials implemented are protected. Government Agency assumes all responsibility for documents submitted through unique credentials provided to Government Agency for the purposes of engaging in G2G recording.

7.6 Government Agency is responsible for receiving and verifying receipt of documents recorded to ensure that the source of the receipt is the county where the document was to be recorded.

7.7 Government Agency shall address all Operational Issues related to the electronic recording process with the individual Owner or Partner Counties.

7.8 Government Agency shall notify the Lead County of all problems involving Technical Issues.

Government Agency shall work in good faith with the Lead County to resolve any Technical Issues. Resolution of Technical Issues may require Government Agency to provide onsite access to Lead County.

7.9 Government Agency shall comply with each county’s individual recording requirements.

Government Agency’s submission of a document via the SECURE G2G Portal for transmission to a particular county for recording does not guarantee the document will be recorded by that individual county. Each Owner or Partner County may have its own specific requirements for the recordation of documents including, but not limited to, document types authorized for recording and payment methods. Documents not meeting a county’s specific requirements for recording may be rejected by the respective county.

7.10 Following the electronic recordation of a document, Government Agency agrees to deliver the original document and/or notify the real party in interest.

8. Lead County Responsibilities

8.1 Lead County shall conduct ongoing monitoring of the SECURE G2G Portal to protect the integrity of the transmission process.

City Clerk Agreement No. 25-59

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8.2 Lead County shall test and maintain the SECURE G2G Portal software and hardware.

8.3 If the SECURE G2G Portal experiences delays or power failures that interfere with the normal course of business, the Lead County will work with the individual Owner or Partner County and Government Agency until the problem has been remedied.

8.4 Lead County will coordinate the SECURE G2G Portal administration, training, policy creation, access control and establishment of contracts required for Government Agency to submit to Partner Counties.

8.5 Lead County shall facilitate communication between Government Agency and Owner or Partner Counties.

9. SECURE G2G Portal Review

Government Agency’s right to submit documents under this Agreement is subject to Owners review and acceptance of Government Agency’s standards and procedures. Such approval will not be unreasonably withheld by Owners. This review is to confirm that all requirements of this Agreement are met.

10. General Recording Requirements

Submission, acceptance, recording and rejection of any document must comply with all applicable federal, state and local laws. County specific recording requirements are generally set forth in Attachment B.

11. Suspension

Lead County, with the concurrence of all the other Owners, may suspend Government Agency’s submission of documents to the SECURE G2G Portal, restrict access, or deny access to Government Agency and any of Government Agency’s individual staff members at any time in its sole discretion as it deems necessary.

Notice of suspension will be immediately provided to Government Agency by Lead County on behalf of Owners. Government Agency may resume submission upon satisfactory resolution of the reason for suspension after notification from the Lead County. Whether a matter is resolved is determined solely by the SECURE Owners.

The following is a non-exhaustive list of reasons for suspension:

11.1 To protect the public interest.

11.2 To protect the integrity of public records.

11.3 To protect real property owners from financial harm.

City Clerk Agreement No. 25-59

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11.4 To prevent fraud.

11.5 For Government Agency’s violation of, or to prevent the violation of, any federal, state, or local law.

11.6 For Government Agency’s failure to notify Lead County of modifications which could compromise or otherwise adversely affect SECURE’s data systems.

11.7 For Government Agency’s default of any provision of this Agreement.

12. Limitation of Liability

Owners and Partner Counties shall be held harmless from and not incur any liability for any damages whatsoever caused either directly or indirectly for:

12.1 Information electronically transmitted by the Government Agency.

12.2 Any breach of security, fraud or deceit resulting from electronic recording.

12.3 Damages resulting from software, hardware, or other equipment failure.

12.4 Delays or power failures that interfere with the normal course of electronic recording.

12.5 Restricting or terminating Government Agency’s ability to electronically record documents.

12.6 Claims, disputes or legal actions concerning an electronic transaction, including, but not limited to, the accuracy, completeness or content of documents submitted for recording.

12.7 Government Agency, Owners and Partner Counties shall not be liable to each other for:

12.7.1 Any special, incidental, exemplary or consequential damages arising from or as a result of any delay, omission or error in the electronic recording transmission or receipt.

12.7.2 Any failure to perform processing of the transactions and documents where such failure is beyond the party’s reasonable control (including, without limitation, any mechanical, electronic or communications failure, which prevents the parties from transmitting or receiving the electronic recording transactions).

12.7.3 Except for payment and indemnity obligations hereunder, any cessation, interruption or delay in the performance of an obligation hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, armed conflict, terrorist action, labor strike, lockout boycott, provided that the party relying City Clerk Agreement No. 25-59

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upon this paragraph: (a) shall have given the other party written notice thereof promptly and, in any event within five (5) days of discovery thereof and, (b) shall take all reasonable steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based in the event the force majeure event described in this paragraph extends for a period in excess of three (3) days.

13. Indemnification

13.1 Owners shall not be responsible for any damage or liability occurring by reason of any acts or omissions on the part of Government Agency under or in connection with any work, authority or jurisdiction delegated or determined to be the responsibility of Government Agency under this Agreement. It is also understood and agreed that pursuant to Government Code Section 895.4, Government Agency shall fully indemnify, defend, and hold Owners and their respective officers, employees, and agents harmless from, and against, any claims, demands, liability, damages, costs (including attorney’s fees), and expenses, including, without limitation, those involving bodily injury, death, or personal injury of any person or property damage of any nature whatsoever (collectively “Claims”), arising from, or related to, any acts or omissions on the part of the Government Agency under or in connection with any work, authority or jurisdiction delegated to or determined to be the responsibility of Government Agency under this Agreement, except to the extent caused by the sole negligence or willful misconduct of the Owners. This provision shall survive termination or expiration of this Agreement.

13.2 Notwithstanding section 13.1 above, in the event the Government Agency under this Agreement is a county department of an Owner, such Government Agency's indemnification obligations to each other Owner hereunder shall not exceed each Owner's indemnification obligations under that certain Multi-County Agreement Between the Counties of Los Angeles, Orange, Riverside, and San Diego for Shared Ownership and Ongoing Maintenance of an Electronic Recording Delivery System (the "Multi-County Agreement").

13.3 In the event of fraud that arises directly or indirectly from Government Agency’s submission of a document through the SECURE G2G Portal for electronic recording that impacts the value of or title to real estate, Government Agency shall defend and indemnify the Owners against any Claims (as defined in section 13.1, above) for any G2G electronic recording transaction in which the Government Agency engages.

14. Termination

14.1 Either party may terminate this Agreement for any reason by providing 30 calendar days’ written notice of termination.

14.2 Owners may terminate this Agreement immediately if Government Agency is in default of any of the terms of this Agreement.

City Clerk Agreement No. 25-59

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14.3 Notwithstanding any other provision of this Agreement, the Owners may terminate this Agreement immediately at any time in its sole discretion as it deems necessary. The following is a non-exhaustive list of reasons for termination:

14.3.1 To protect the public interest.

14.3.2 To protect the integrity of public records.

14.3.3 To protect real property owners from financial harm.

14.3.4 To prevent fraud.

14.3.5 For Government Agency’s violation of, or to prevent the violation of, any federal, state or local law.

14.4 The indemnification and limitation of liability provisions of this Agreement shall survive any termination of this Agreement.

15. Dispute Resolution

Owners and Government Agency will attempt, in good faith, to resolve any controversy or claim arising out of or relating to G2G electronic recording through either negotiation or mediation prior to initiating litigation.

16. Governing Laws and Venue

This Agreement has been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California. In the event of any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California.

17. Amendment

Any amendments or modifications to this Agreement shall be in writing duly executed by each party’s authorized official, which shall become effective at a time mutually agreed upon by the Parties. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or Agreement not incorporated herein shall be binding on either party.

18. Assignment

This Agreement shall not be assigned by a party, either in whole or in part, without prior written consent of other party. Any assignment or purported assignment of this Agreement by a party without the prior written consent of the other party will be deemed void and of no force or effect.

City Clerk Agreement No. 25-59

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19. Entire Agreement
This Agreement contains the entire and complete understanding of the Parties and supersedes any and all other agreements, oral or written, with respect to the terms under this Agreement.

20. Parties in Interest
None of the provisions of this Agreement or any other document relating hereto provides any rights or remedies to any person other than the Parties hereto and the Partner Counties and their respective successors, transferees, assumers and assigns, if any.

21. Privileged and Confidential Information
The Government Agency agrees that all personal information, which is considered privileged and confidential under state law contained within the documents submitted for recording will not be released by the Government Agency to any individual or other legal entity who would not otherwise have authorized access to such information. Any release of information by the Government Agency to any unauthorized individual or other legal entity may result in the Owners terminating this Agreement.

22. Waiver
No waiver of the breach of any of the covenants, agreements, restrictions, or conditions of this Agreement by Owners shall be construed to be a waiver of any succeeding breach of the same or other covenants, agreements, restrictions, or conditions of this Agreement. No delay or omission of Owners, in exercising any right, power or remedy herein provided in the event of default shall be construed as a waiver thereof or acquiescence therein, or be construed as a waiver of a variation of any of the terms of this Agreement.

23. Severability
If any term or portion of this Agreement is held to be invalid, illegal, void or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

24. Sections and Attachments
All sections and attachments referred to herein are attached hereto and incorporated by reference.

25. Headings
The Agreement captions, clause, section and attachment headings used in this Agreement are inserted for convenience of reference only and are not intended to define, limit or affect the construction or interpretation of any term or provision hereof.

City Clerk Agreement No. 25-59

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26. No Presumption Against Drafter
This Agreement is deemed to have been drafted jointly by the Parties. This Agreement shall be construed without regard to any presumption or rule requiring construction against or in favor of the party receiving a particular benefit under this Agreement. No rule of strict construction will be applied against any party or person.

27. Notices

Any notice requirement set forth herein shall be in writing and delivered to the appropriate party at the address listed in this subparagraph. Notice shall be given by electronic mail or deposited in the United States mail, postage prepaid, to the parties listed below. Addresses for notice may be changed from time to time by written notice to the other party. All communications shall be effective when actually received; provided, however, that nonreceipt of any communication as the result of a change in address of which the sending party was not notified or as the result of a refusal to accept delivery shall be deemed receipt of such communication. For reporting a security incident, the Government Agency shall also report the incident to the Lead County at the email address specified below.

Government Agency
City of Montclair, City Clerk
Attn: City Clerk
511 Benito Street
Montclair, CA 91763
Email: [email protected]
Lead County:

Orange County Clerk-Recorder
Attn: SECURE G2G Coordinator
601 N. Ross Street
Santa Ana, CA 92701
Email: [email protected]

28. Signatures in Counterparts:

This MOU may be executed in counterparts by the parties. This MOU is in effect as to any signatory party upon execution and, for purposes of enforcement, true copies of signatures shall be deemed to be original signatures.

IN WITNESS WHEREOF, the parties hereto have caused this MOU to be executed and attested to by their proper officers thereunto duly authorized and their official seals to be hereto affixed, as of the day and year first above written.

City Clerk Agreement No. 25-59

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--Signatures Follow--
City Clerk Agreement No. 25-59

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OWNERS
THE COUNTY OF ORANGE AS LEAD COUNTY:

Approved By: Hugh Nguyen
Signature: ________________________________________________________ Orange County Clerk-Recorder
Date: _________________________________

THE OFFICE OF THE ORANGE COUNTY COUNSEL

APPROVED AS TO FORM
Signature: _________________________________________
Title: Deputy County Counsel
Dated: __________________________________
City Clerk Agreement No. 25-59

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GOVERNMENT AGENCY
DEPARTMENT OF (Government Agency):_________________________________ COUNTY: _______________________________________
Approved By: _______________________________________________ Signature: ________________________________________________________ Title: ___________________________________________________________ Date: _________________________________
City Clerk Agreement No. 25-59

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Attachment A - Technical Specifications

1. Submission Methods

SECURE G2G Portal User Interface (UI) – Government Agencies who will be scanning paper or uploading image files directly into the SECURE G2G Portal must use a token for authentication. Government Agencies will receive recording confirmation via the UI. The UI allows user to upload a pre-scanned 300 DPI TIFF Group IV image or use a browser scanner TWAIN plugin.

SECURE G2G Portal Web API (API) – Government Agencies that directly connect to the API must adhere to the XSD standard. The XML files that are uploaded must include Base64 encoded 300 DPI TIFF Group IV image files. This process does not require a user to be involved in the transfer; it is an automatic process that will be programmed by the submitter in conjunction with the County. Government Agencies will receive recorded information via XML return package.

2. Communications Protocol

HTTPS is required for the submission of instruments.

3. Security Framework

The required security framework is provided for in the SECURE G2G Portal software. The SECURE G2G Portal software shall use a minimum of 128-bit file and image encryption.

a) Endpoint Security (Authentication Token) - Government Agencies will require one token for each agency staff member that will be utilizing the UI. For use of the token to submit documents through the SECURE G2G Portal for recording electronically, please refer to the SECURE G2G Portal User Manual.

b) Computers and User Accounts
Government Agency computer(s) connected to the SECURE G2G Portal must be dedicated workstations for G2G recording only. Government Agency computers utilized for such are required to comply with a workstation checklist provided by Lead County.

Computers that connect to SECURE G2G Portal will have system and application logging enabled with a retention period of 3 months. Lead County may request reports of user access and transaction activity.

City Clerk Agreement No. 25-59

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Workstations used to submit, retrieve, or, when applicable, return SECURE G2G Portal payloads are protected from unauthorized use and access. As a minimum, workstations shall meet all of the following requirements:
x Anti-malware software configured to start on system boot-up. x All critical operating system patches applied within one month from when the patch first becomes available.
x A hardware firewall installed and maintained.
x Up to date virus scan software that shall check for definition updates every twentyfour hours. x A full virus scan configured to run weekly at a minimum. x Installed applications shall be limited to the purpose of performing the necessary operational needs of the recording process as defined by the County Recorder. x Screen Lock must be configured for activation after 10 minutes of inactivity.

Shared user accounts may not be issued. At no time shall more than one person be authorized access to SECURE G2G Portal using a single SECURE G2G Portal user account or set of identity credentials. Each person shall be uniquely identified. If a user’s status changes, so that access to SECURE G2G Portal is no longer required, the user’s SECURE G2G Portal account and identity credentials shall be disabled and revoked, but not deleted from the system. SECURE G2G Portal user accounts and identity credentials are non-transferable.
c) Imaging Standards
The following imaging standards shall be complied with:

• Documents must be scanned or uploaded at 300 DPI TIFF Group IV image or use a browser scanner TWAIN plugin.
• Documents will be scanned in portrait mode.
• All pages, including attachments, must be numbered sequentially. • Documents must be scanned to original size.
• Document details, such as margins, font size and other similar requirements, must meet all applicable state statutes as set out in Government Code Section 27361 et seq.

City Clerk Agreement No. 25-59

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MEMORANDUM OF UNDERSTANDING

BETWEEN OWNER COUNTIES AND GOVERNMENT PARTICIPANTS
FOR THE USE OF THE SECURE GOVERNMENT TO GOVERNMENT (G2G) PORTAL
THIS MEMORANDUM OF UNDERSTANDING (“MOU” or “Agreement”), made and entered into on __8/18/2025__, is between the counties of Los Angeles, Orange, Riverside, and San Diego (hereinafter collectively referred to as “Owners”) that own the Statewide Electronic Courier Universal Recording Environment (“SECURE”) with the Orange County Clerk-Recorder acting on their behalf as the Lead County, and __City of Montclair, Finance__ the submitting party (“Government Agency”), recording electronically through the SECURE Government to Government (G2G) Portal. The Owners and Government Agency are collectively referred to as the “Parties.”
WHEREAS, California Government Code Section 27279(b) states “[t]he recorder of any county may, in lieu of a written paper, accept for recording digitized images, digital images, or both, of a recordable instrument, paper, or notice if [. . .] [t]he requester and addressee for delivery of the recorded images are the same and can be readily identified as a local or state government entity, or an agency, branch, or instrumentality of the federal government.” WHEREAS, the Counties of Orange, Los Angeles, Riverside and San Diego are the Owners of the SECURE G2G Portal; and
WHEREAS, the SECURE G2G Portal functions as a separate portal under the same security framework as the existing SECURE system; and
WHEREAS, the Counties of Orange, Los Angeles, Riverside and San Diego entered into an agreement dated August 19, 2008 to share the ownership and ongoing maintenance of a multicounty G2G electronic recording portal; and WHEREAS, Orange County is the “Lead County” in supporting this SECURE G2G Portal and is responsible for executing any agreements with participants with the approval of the other Owners.

NOW THEREFORE, the Parties, for and in consideration of the mutual promises and agreements herein continued, do agree to the following:

1. DEFINITIONS
A. Owners: means the Counties of Los Angeles, Orange, Riverside and San Diego Counties.

B. Lead County: means the County of Orange as the designated lead in developing and supporting the multi-county system and responsible for handling the administrative Finance Department Agreement No. 25-59

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functions, negotiating and executing any contract relating to the support and maintenance of SECURE.

C. Partner County or Partner Counties: means non-owner counties that have contracted to use SECURE.

D. SECURE G2G Portal: means the SECURE Government to Government Portal.

F. SECURE: means the Statewide Electronic Courier Universal Recording Environment used by multiple counties to electronically receive and return documents for recording.

G. Government to Government: means the acts of a county recorder recording a document for a Government Agency through the SECURE G2G Portal.

H. Operational Issues: means issues regarding the business rules that dictate what can be recorded by an individual Owner county or Partner County.

I. Technical Issues: means issues regarding how the SECURE G2G Portal electronically receives and returns recordable documents.

J. Infrastructure: means the non-software components used to electronically receive and return recordable documents through the SECURE G2G Portal.

3. TERM
This Agreement shall become effective upon the signature of the Parties for a term of 5 years unless terminated in writing by either party in accordance with this Agreement. The parties, by written agreement, may extend the agreement for no more than one additional year.

4. FEES and COST
Government Agency is exempt from fees for SECURE G2G Portal system use, maintenance and technical support. Government Agency may be held responsible to pay any other applicable fees, taxes, and other charges, however denominated, for the recordation of Finance Department Agreement No. 25-59

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documents. Government Agency is responsible for startup costs, which may include reimbursements for setup and tokens if applicable.

6. SECURE G2G Portal Recording Requirements

SECURE G2G Portal recording requirements and specifications are generally set forth in Attachment A and Attachment B, incorporated herein by reference, to this Agreement.

6.1 Government Agency shall comply with any and all requirements and specifications of the Agreement and in Attachments A and B (collectively Attachments).

6.2 Government Agency understands that the requirements and specifications may change from time to time.

6.3 Government Agency understands that the requirements and specifications set forth in the attachments could be specific to individual Owner or Partner Counties.

6.5 Owners will provide written notice to the Government Agency within 30 days if there are any changes to the requirements or specifications.

6.6 Attachment A – Provides the technical specifications including submission methods, communication protocol security framework and imaging standards.

7. Government Agency Acknowledgments and Responsibilities

7.1 Government Agency must supply all electronic recording equipment, i.e., computer, monitor, scanner, printer, an internet connection and a token from the Lead County, if applicable.

Finance Department Agreement No. 25-59

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7.3 Government Agency is responsible for the accuracy, completeness and content of documents submitted for recording through the G2G portal.

7.6 Government Agency is responsible for receiving and verifying receipt of documents recorded to ensure that the source of the receipt is the county where the document was to be recorded.

7.7 Government Agency shall address all Operational Issues related to the electronic recording process with the individual Owner or Partner Counties.

7.8 Government Agency shall notify the Lead County of all problems involving Technical Issues.

Government Agency shall work in good faith with the Lead County to resolve any Technical Issues. Resolution of Technical Issues may require Government Agency to provide onsite access to Lead County.

7.9 Government Agency shall comply with each county’s individual recording requirements.

7.10 Following the electronic recordation of a document, Government Agency agrees to deliver the original document and/or notify the real party in interest.

8. Lead County Responsibilities

8.1 Lead County shall conduct ongoing monitoring of the SECURE G2G Portal to protect the integrity of the transmission process.

Finance Department Agreement No. 25-59

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8.2 Lead County shall test and maintain the SECURE G2G Portal software and hardware.

8.5 Lead County shall facilitate communication between Government Agency and Owner or Partner Counties.

9. SECURE G2G Portal Review

10. General Recording Requirements

11. Suspension

The following is a non-exhaustive list of reasons for suspension:

11.1 To protect the public interest.

11.2 To protect the integrity of public records.

11.3 To protect real property owners from financial harm.

Finance Department Agreement No. 25-59

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11.4 To prevent fraud.

11.5 For Government Agency’s violation of, or to prevent the violation of, any federal, state, or local law.

11.6 For Government Agency’s failure to notify Lead County of modifications which could compromise or otherwise adversely affect SECURE’s data systems.

11.7 For Government Agency’s default of any provision of this Agreement.

12. Limitation of Liability
Owners and Partner Counties shall be held harmless from and not incur any liability for any damages whatsoever caused either directly or indirectly for: