Montclair City Council
March 7, 2022

RFP – Parks Master Plan
March 1, 2022

Exhibit C
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March 1, 2022

Exhibit D

AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT is made and effective as of DATE, between the City of Montclair, a municipal corporation ("City") and CONSULTANT, Inc. ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on DATE and shall remain and continue in effect for a period of twelve months until tasks described herein are completed, but in no event later than DATE, unless sooner terminated pursuant to the provisions of this Agreement.

2. SERVICES
Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.

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

4. CITY MANAGEMENT
City’s City Manager shall represent City in all matters pertaining to the administration of this Agreement, review and approval of all products submitted by Consultant, but not including the authority to enlarge the Tasks to be performed or change the compensation due to Consultant. City’s City Manager shall be authorized to act on City’s behalf and to execute all necessary documents which enlarge the Tasks to be Performed or change Consultant’s compensation, subject to Section 6 hereof.

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

This amount shall not exceed $14,200 for the total term of the Agreement unless additional payment is approved as provided in this Agreement.
(b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City’s written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement, but in no event shall total compensation exceed AMOUNT ($X,XXX). Any additional work in excess of this amount shall be approved by the City Council.

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(c) Consultant will submit invoices monthly for actual services performed. Said invoices shall detail all costs, rates and hours for individual tasks. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of the Consultant’s fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.
(d) Consultant agrees that, in no event shall City be required to pay to Consultant any sum in excess of ninety-five percent (95%) of the maximum payable hereunder prior to receipt by City of all final documents, together with all supplemental technical documents, as described herein acceptable in form and content to City. Final payments shall be made no later than sixty (60) days after presentation of final documents and acceptance thereof by City.

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

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

8. OWNERSHIP OF DOCUMENTS
(a) Consultant shall maintain complete and accurate records with respect to billed time, sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly MONTCLAIR CITY COUNCIL MEETING – 03/07/2022 Page 119 of 158

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identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. (b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, claims, applications, computer files, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. However, any modification or reuse of such documents for purposes other than those intended by this Agreement shall be at City’s sole risk and without liability to Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant’s office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.

9. INDEMNIFICATION
(a) Defense, Indemnity and Hold Harmless. Consultant shall defend, indemnify, and hold harmless the City, its present and former officers, directors, employees, agents, staff, volunteers, mayor, council, boards, committees, and representatives, as broadly interpreted (collectively, the “Indemnified Parties”), of and from all claims, suits, demands, obligations, losses, damages, sums, or any other matters threatened or presently asserted, including but not limited to all legal fees, costs of defense and litigation expenses (including legal fees, expert fees and any other costs or fees, including those of adverse parties imposed on or sought against the Indemnified Parties), arising directly or indirectly out of any liability or claim of loss or liability for personal injury, bodily injury to persons, contractual liability, errors or omissions, breach, failure to perform, damage to or loss of property, or any other loss, damage, injury or other claim of any kind or nature arising out of the work to be performed by Consultant herein, but only to the extent caused by or arising out of the negligent acts or omissions, or intentional misconduct of Consultant, including its sub consultants, employees, agents, and other persons or entities performing work for Consultant.
(b) Contractual Indemnity. To the fullest extent permitted under California law, Consultant shall contractually indemnify, defend and hold harmless the Indemnified Parties from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, amounts for good faith settlement, or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees and costs), arising out of or related to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to Consultant’s officers, agents, representative, employees, independent consultants, sub consultants or affiliated or related entities and/or its or their employees, agents and representatives, but only to the extent caused by or arising out of all negligent acts or omissions, or intentional misconduct of Consultant, including its sub consultants, employees, agents and other persons or entities performing work for Consultant. Indemnification shall include any claim that Consultant, or Consultant’s employees or agents, are or may be considered and treated as employees of the City, or are entitled to any employee benefits from City including but not limited to those available under Public Employees Retirement Law. The obligation to indemnify, defend and hold harmless the Indemnified Parties shall apply to all liability as defined above regardless of whether the Indemnified Parties were or are alleged to have been negligent, except that it shall not apply to claims arising from the sole negligence, active negligence, or willful intentional MONTCLAIR CITY COUNCIL MEETING – 03/07/2022 Page 120 of 158

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misconduct of the Indemnified Parties. Consultant’s obligation to defend the Indemnified Parties is not contingent upon there being an acknowledgement of or determination of the merit of any claims, liability, demands, causes of action, suits, losses, expenses, errors, omissions and/or costs.
(c) Sub consultants and Indemnification. Consultant agrees to and shall obtain executed indemnity agreements in favor of the Indemnified Parties with provisions identical to those set forth from each and every Sub consultant, Sub consultant, or other person or entity involved by, for, with, or on behalf of Consultant in the performance of any aspect of this Agreement. In the event Consultant fails to obtain such indemnity obligations, Consultant shall be fully responsible for each and every Sub consultant, Sub consultant or other person or entity in terms of defense, indemnity and hold harmless obligations in favor of the Indemnified Parties as set forth above. This obligation to indemnify and defend the Indemnified Parties is binding on the successors, assigns, or heirs of Consultant and shall survive the full performance or termination of this Agreement. These indemnification provisions are independent of and shall not in any way be limited or superseded by the insurance requirements and insurance-related provisions of this Agreement.
(d) City Lost or Damaged Property – Theft. Consultant further agrees to pay or cause to be paid to the Indemnified Parties’ benefit, any and all damages, fines, penalties, and loss or theft of property of the City to the extent caused by or arising out of the negligent acts or omissions or intentional misconduct of Consultant or of Consultant’s officers, agents, representatives, employees, independent consultants, sub consultants or affiliated or related entities and/or its or their employees, agents and representatives, whether such actions, omissions to act, negligence or intentional conduct is or was authorized by this Agreement or not. City assumes no responsibility whatsoever for any property placed on the premises of City. Consultant further agrees to waive all rights of subrogation against the Indemnified Parties. (e) Non-Waiver and Non-Exhaustion of City’s Further Rights and Remedies. No aspect of this provision shall in any way limit or effect the rights of the Indemnified Parties against the Consultant under the terms of this Agreement or otherwise. The indemnification provisions shall apply regardless of whether this Agreement is executed after Consultant begins the work and shall extend to claims arising after this Agreement is performed or terminated, including a dispute as to the termination of Consultant. The indemnity obligations of Consultant shall continue until it is determined by final judgment that the claim against the City and any Indemnified Parties is determined by final judgment and after exhaustion of any rights of appeal. Further, no aspect of this provision shall impact the City’s rights to contribution from Consultant, or for the City to dispute Consultant’s refusal to defend and indemnify City. (f) Limitations on Scope of Indemnity. Notwithstanding the foregoing, Consultant shall not be responsible for indemnification for claims or losses caused by the sole negligence, active negligence, or intentional wrongdoing of Indemnified Parties. Further, the indemnity provided shall be interpreted as broadly as permitted under California law and as to agreements between parties and shall if required be reformed to be consistent with those laws to protect and save this provision for the protection of the Indemnified Parties. (g) The obligations of Consultant under this or any other provision of this Agreement shall not be limited by the provisions of any workers’ compensation act or similar act. The Consultant expressly waives any statutory immunity under such statutes or laws as to the Indemnified Parties. The Consultant’s indemnity obligation set forth in this Section 9 shall not be limited by the limits of any policies of insurance required or provided by the Consultant pursuant to this Agreement.
(h) The Consultant’s covenant under this Section 9 shall survive the expiration or termination of this Agreement.

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10. INSURANCE
The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances, provided that any modification of these requirements will require approval from Consultant. (a) Types of Required Coverages
Without limiting the indemnity provisions of the Contract, the Consultant shall procure and maintain in full force and effect during the term of the Contract, the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.

(1) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 00 01, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $1,000,000 per occurrence, and $1,000,000 aggregate total bodily injury, personal injury, and property damage. (2) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1), including owned, non-owned and hired autos, or the exact equivalent, with minimum limits of $1,000,000 for bodily injury and property damage, each accident.

If Consultant owns no vehicles, auto liability coverage may be provided by means of a non-owned and hired auto endorsement to the general liability policy. Automobile liability insurance and endorsements shall be kept in force at all times during the performance of this Agreement.
(3) Workers’ Compensation: Workers’ Compensation Insurance, as required by the State of California and Employer’s Liability Insurance with a limit of not less than $1,000,000 each accident for bodily injury and $1,000,000 each employee for bodily injury by disease.
(4) Professional Liability: Professional Liability insurance with limit of not less than $1,000,000 each claim. Covered professional services shall specifically include the types of work to be performed under the Agreement and delete any exclusion that may potentially affect the work to be performed.
(b) Endorsements
Insurance policies shall not be in compliance if they include any limiting provision or endorsement.

The insurance policies shall contain, or be endorsed to contain, the following provisions:
(1) Commercial General Liability
Additional Insured: The City, its elected officials, officers, employees, volunteers, boards, agents and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or operations. Coverage for the additional insureds shall apply to the fullest extent permitted by law.

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Additional Insured Endorsements shall not:

1. Be limited to “Ongoing Operations”

2. Exclude “Contractual Liability

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

4. Exclude “Third-Party-Over Actions”

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

Primary Insurance: This insurance shall be primary and any other insurance, whether primary, excess, umbrella or contingent insurance, including deductible, or self-insurance available to the insureds added by endorsement, shall be in excess of, and shall not contribute with, this insurance. Coverage shall be at least as broad as ISO CG 20 01 04

13. (2) Auto Liability
Additional Insured: The City, its elected officials, officers, employees, volunteers, boards, agents, and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the work or operations performed by or on behalf of the Consultant.

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

(c) Notice of Cancellation
Required insurance policies shall not be cancelled or the coverage materially changed until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(d) Waiver of Subrogation
Required insurance coverages shall not prohibit Consultant from waiving the right of subrogation prior to a loss. Consultant shall waive all rights of subrogation against the indemnified parties and policies shall contain or be endorsed to contain such a provision.

This provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer.

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(e) Evidence of Insurance
All policies, endorsements, certificates, and/or binders shall be subject to approval by the City as to form and content. These requirements are subject to amendment or waiver only if so approved in writing by the City. The City reserves the right to require redacted copies of all required insurance policies, including endorsements required by these specifications, at any time.

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

In the event that the Consultant’s operations are suspended for failure to maintain required insurance coverage, the Consultant shall not be entitled to an extension of time for completion of the Work because of production lost during suspension. (i) Acceptability of Insurers
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Each such policy shall be from a company or companies with a current A.M. Best’s rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. Any other rating must be approved in writing in accordance with the City.
(j) Claims Made Policies
If coverage is written on a claims-made basis, the retroactive date on such insurance and all subsequent insurance shall coincide or precede the effective date of the initial Consultant’s Agreement with the City and continuous coverage shall be maintained or an extended reporting period shall be exercised for a period of at least five (5) years from termination or expiration of this Agreement.
(k) Insurance for Subconsultants
Consultant shall be responsible for causing Subconsultants to purchase the same types and limits of insurance in compliance with the terms of this Agreement, including adding the City as an Additional Insured, providing Primary and Non-Contributory coverage and Waiver of Subrogation to the Subconsultants’ policies. The Commercial General Liability Additional Insured Endorsement shall be on a form at least as board as CG 20 38 04 13.

11. INDEPENDENT CONSULTANT
(a) Consultant is and shall at all times remain as to the City a wholly independent consultant.

The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control and shall not be construed to be employees of City for any purpose, including eligibility under Public Employees Retirement Law. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner.

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

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

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

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

15. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, responses to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena.
(b) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, requests for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Consultant. However, City’s right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
(c) Consultant shall comply with all applicable federal, state and local Conflict of Interest laws, including the Political Reform Act (California Government Code, Section 81000, et. seq.) and California Government Code, Section 1090, et. seq. Consultant covenants that neither he/she nor any officer or principal of their firm have any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder. Consultant further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent or subconsultant. Further, Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to the City as a result of the performance of this Agreement, or the services that may be procured by the City as a result of the recommendations made by the Consultant. The Consultant’s covenant under this Section shall survive the termination of this Agreement.

16. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, MONTCLAIR CITY COUNCIL MEETING – 03/07/2022 Page 126 of 158

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addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

To City: Monica Heredia, P.E.

City Engineer
City of Montclair
5111 Benito
Montclair, CA 91763
To Consultant: NAME

ADDRESS

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

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

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

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

21. CONTENTS OF PROPOSAL
Consultant is bound by the contents of the proposal submitted by the Consultant, Exhibit "A" hereto.

In the event of conflict, the requirements of this Agreement shall take precedence over those contained in the Consultant’s proposals.

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

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

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

25. CLAIMS AGAINST CITY
Consultant must comply with the claim procedures set forth in Government Code sections 900, et. seq., and/or Montclair Municipal Code, Chapter 1.16, as applicable, prior to filing any lawsuit against the City.

Such claims and any subsequent lawsuit based upon the claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.

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

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

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

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

30. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument.

31. ALLOCATION OF RISK
City and Consultant have evaluated the risks and rewards associated with this Agreement, including Consultant’s fee relative to the risks assumed, and agree to allocate certain of the risks so, to the fullest extent permitted by law and notwithstanding anything to the contrary in this Agreement, the total aggregate liability of Consultant (and its related corporations, sub consultants and employees) to City and anyone claiming by, through or under City shall be limited to the amount of $50,000, for any and all injuries, damages, claims, losses, or expenses (including attorney and expert fees) arising out of Consultant’s services or this Agreement regardless of the cause(s) or the theory of liability, including negligence, indemnity, or other recovery.

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

CITY OF MONTCLAIR CONSULTANT

By: By:

Javier John Dutrey, Mayor Name and title

Attest:

By:

Andrea M. Myrick, City Clerk

Approved as to Form:

By:

Diane E. Robbins, City Attorney

MONTCLAIR CITY COUNCIL MEETING – 03/07/2022 Page 129 of 158

CITY COUNCIL

AGENDA REPORT
DATE: MARCH 7, 2022
SECTION: CONSENT - RESOLUTIONS
ITEM NO.: 1
FILE I.D.: STB300–17
DEPT.: FINANCE
PREPARER: C. GRAVES
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 22–3337 AUTHORIZING PLACEMENT

OF LIENS ON CERTAIN PROPERTIES FOR DELINQUENT SEWER AND TRASH CHARGES REASON FOR CONSIDERATION: Staff has identified 172 sewer and trash accounts in the odd–numbered–month billing cycle that are more than three billing periods delinquent. Pursuant to Montclair Municipal Code Chapter 1.12, these properties are subject to lien.

BACKGROUND: Ordinance No. 02–815 authorizes the placement of liens on properties on which delinquent civil debts have accrued and makes property owners responsible for delinquent sewer and trash charges accrued after the effective date of the Ordinance (March 1, 2002) for accounts in tenants' names. Prior to the City Council's adoption of Ordinance No. 02–815, property owners were responsible for only those accounts in their own names.

FISCAL IMPACT: Recoverable amount is $60,620.43, plus $3,440.00 for release of lien fees, plus $8,600.00 in lien fees, for a total of $72,660.43.

RECOMMENDATION: Staff recommends the City Council adopt Resolution No. 22–3337 authorizing placement of liens on certain properties for delinquent sewer and trash charges.

MONTCLAIR CITY COUNCIL MEETING – 03/07/2022 Page 130 of 158 Resolution No. 22–3337 Page 1 of 1
RESOLUTION NO. 22–3337

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF MONTCLAIR AUTHORIZING

PLACEMENT OF LIENS ON CERTAIN

PROPERTIES FOR DELINQUENT SEWER

AND TRASH ACCOUNTS
WHEREAS, Chapter 1.12 of the Montclair Municipal Code authorizes the City to place liens on properties on which delinquent civil debts have accrued; and WHEREAS, all owners of property in the City of Montclair were notified about the adoption of Ordinance No. 02–815 authorizing placement of liens on properties on which delinquent civil debts have accrued; and
WHEREAS, it has been determined that there are 174 sewer and/or trash accounts on which there are delinquencies in excess of 90 days; and WHEREAS, the owners of these properties have received regular billing statements and late notices since the onset of such delinquencies; and WHEREAS, the owners of these properties were notified on February 10, 2022, that their delinquent accounts are subject to causing a lien to be placed on their properties for settlement of such delinquencies; and that such liens would be considered for approval by the Montclair City Council on Monday, March 7, 2022.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Montclair approves the placement of liens on the properties and in the amounts specified in Exhibit A, entitled Report of Delinquent Civil Debts – March 2022, attached hereto.

BE IT FURTHER RESOLVED that the City Clerk is authorized to provide the San Bernardino County Auditor/Controller–Recorder with the documents required to cause such liens to be placed.

APPROVED AND ADOPTED this XX day of XX, 2022.

Mayor
ATTEST:

City Clerk
I, Andrea M. Myrick, City Clerk of the City of Montclair, DO HEREBY CERTIFY that Resolution No. 22–3337 was duly adopted by the City Council of said city and was approved by the Mayor of said city at a regular meeting of said City Council held on the XX day of XX, 2022, and that it was adopted by the following vote, to–wit:

AYES: XX
NOES: XX
ABSTAIN: XX
ABSENT: XX
Andrea M. Myrick
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 03/07/2022 Page 131 of 158 Exhibit A to Resolution No. 22–3337
Report of Delinquent Civil Debts – March 2022

Street No. Street Account Type Delinquency Release of
Lien Fee Lien Fee Total Lien Amount
10720 Ada Avenue Commercial 261.94 20.00 50.00 331.94
4334 Alamitos Street Residential 318.39 20.00 50.00 388.39 5356 Alamitos Street Residential 332.94 20.00 50.00 402.94 4587 Allesandro Street Residential 331.08 20.00 50.00 401.08 4667 Allesandro Street Residential 333.09 20.00 50.00 403.09 9727 Amherst Avenue Residential 325.07 20.00 50.00 395.07 9757 Amherst Avenue Residential 329.20 20.00 50.00 399.20 9910 Amherst Avenue Residential 333.09 20.00 50.00 403.09 10065 Amherst Avenue Residential 402.35 20.00 50.00 472.35 10085 Amherst Avenue Residential 408.00 20.00 50.00 478.00 5460 Armsley Street Residential 288.76 20.00 50.00 358.76 5363 Arrow Hwy Commercial 321.92 20.00 50.00 391.92
9909 Bel Air Avenue Residential 422.62 20.00 50.00 492.62 9950 Bel Air Avenue Residential 331.18 20.00 50.00 401.18 10036 Bel Air Avenue Residential 287.95 20.00 50.00 357.95 10045 Bel Air Avenue Residential 408.00 20.00 50.00 478.00 4354 Benito Street Senior 303.19 20.00 50.00 373.19
4435 Benito Street Residential 305.82 20.00 50.00 375.82 4460 Benito Street Residential 333.09 20.00 50.00 403.09 5233 Benito Street Senior 298.57 20.00 50.00 368.57
5429 Benito Street Residential 333.09 20.00 50.00 403.09 5554 Benito Street Residential 424.08 20.00 50.00 494.08 5598 Benito Street Residential 364.03 20.00 50.00 434.03 9384 Benson Avenue Residential 243.13 20.00 50.00 313.13 9656 Benson Avenue Residential 333.12 20.00 50.00 403.12 10034 Benson Avenue Residential 377.84 20.00 50.00 447.84 4843 Berkeley Street Residential 381.96 20.00 50.00 451.96 5382 Berkeley Street Residential 333.09 20.00 50.00 403.09 5392 Berkeley Street Residential 331.19 20.00 50.00 401.19 9598 Bolton Avenue Residential 333.09 20.00 50.00 403.09 4541 Bonnie Brae Street Residential 333.09 20.00 50.00 403.09 5560 Brooks Street Commercial 321.05 20.00 50.00 391.05 4382 Brooks Street #B Commercial 337.35 20.00 50.00 407.35 4412 Brooks Street #C Commercial 224.41 20.00 50.00 294.41 9851 Camarena Avenue Residential 332.95 20.00 50.00 402.95 4853 Cambridge Street Residential 415.07 20.00 50.00 485.07 5438 Cambridge Street Residential 515.02 20.00 50.00 585.02 5448 Cambridge Street Residential 331.99 20.00 50.00 401.99 5470 Cambridge Street Residential 415.07 20.00 50.00 485.07 5471 Cambridge Street Residential 333.12 20.00 50.00 403.12 5490 Cambridge Street Residential 321.89 20.00 50.00 391.89 5570 Cambridge Street Residential 311.42 20.00 50.00 381.42 9151 Camulos Avenue Residential 489.04 20.00 50.00 559.04 9242 Camulos Avenue Residential 471.55 20.00 50.00 541.55 9243 Camulos Avenue Residential 333.09 20.00 50.00 403.09 MONTCLAIR CITY COUNCIL MEETING – 03/07/2022 Page 132 of 158 Exhibit A to Resolution No. 22–3337
Report of Delinquent Civil Debts – March 2022

Street No. Street Account Type Delinquency Release of
Lien Fee Lien Fee Total Lien Amount
9426 Camulos Avenue Residential 415.07 20.00 50.00 485.07 9511 Camulos Avenue Residential 366.35 20.00 50.00 436.35 9540 Camulos Avenue Residential 456.51 20.00 50.00 526.51 9737 Camulos Avenue Residential 333.09 20.00 50.00 403.09 9757 Camulos Avenue Residential 422.62 20.00 50.00 492.62 9877 Camulos Avenue Residential 366.35 20.00 50.00 436.35 10143 Camulos Avenue Residential 261.83 20.00 50.00 331.83 5665 Caroline Street Residential 318.64 20.00 50.00 388.64 5666 Caroline Street Residential 415.07 20.00 50.00 485.07 9528 Carrillo Avenue Senior 294.66 20.00 50.00 364.66
9845 Central Avenue Residential 327.28 20.00 50.00 397.28 9855 Central Avenue Residential 333.70 20.00 50.00 403.70 9775 Coalinga Avenue Residential 377.66 20.00 50.00 447.66 9795 Coalinga Avenue Residential 333.09 20.00 50.00 403.09 9824 Coalinga Avenue Senior 235.47 20.00 50.00 305.47
9871 Columbine Avenue Residential 207.48 20.00 50.00 277.48 9477 Del Mar Avenue Residential 337.97 20.00 50.00 407.97 9827 Del Mar Avenue Residential 261.83 20.00 50.00 331.83 4405 Denver Street Residential 365.04 20.00 50.00 435.04 5381 Denver Street Residential 261.83 20.00 50.00 331.83 5616 Denver Street Residential 333.09 20.00 50.00 403.09 5626 Denver Street Residential 390.12 20.00 50.00 460.12 5685 Deodar Street Residential 261.83 20.00 50.00 331.83 4853 El Morado Street Residential 227.97 20.00 50.00 297.97 5168 El Morado Street Residential 465.87 20.00 50.00 535.87 5274 El Morado Street Residential 419.91 20.00 50.00 489.91 5429 El Morado Street Residential 332.94 20.00 50.00 402.94 9410 Felipe Avenue Residential 308.00 20.00 50.00 378.00 9451 Felipe Avenue Residential 303.65 20.00 50.00 373.65 9793 Felipe Avenue Senior 246.97 20.00 50.00 316.97
9020 Fremont Avenue Senior 344.73 20.00 50.00 414.73
9567 Fremont Avenue Residential 366.35 20.00 50.00 436.35 9703 Fremont Avenue Residential 250.00 20.00 50.00 320.00 9823 Fremont Avenue Residential 332.80 20.00 50.00 402.80 9847 Fremont Avenue Residential 392.18 20.00 50.00 462.18 10037 Fremont Avenue Residential 325.88 20.00 50.00 395.88 9022 Geneva Avenue Residential 349.53 20.00 50.00 419.53 9985 Geneva Avenue Residential 331.79 20.00 50.00 401.79 10018 Geneva Avenue Residential 310.78 20.00 50.00 380.78 4328 Granada Street Residential 333.09 20.00 50.00 403.09 5635 Granada Street Residential 289.74 20.00 50.00 359.74 9627 Greenwood Avenue Residential 294.83 20.00 50.00 364.83 4376 Harvard Street Residential 328.47 20.00 50.00 398.47 4418 Harvard Street Residential 332.64 20.00 50.00 402.64 4430 Harvard Street Residential 415.07 20.00 50.00 485.07 MONTCLAIR CITY COUNCIL MEETING – 03/07/2022 Page 133 of 158 Exhibit A to Resolution No. 22–3337
Report of Delinquent Civil Debts – March 2022

Street No. Street Account Type Delinquency Release of
Lien Fee Lien Fee Total Lien Amount
5462 Harvard Street Residential 333.11 20.00 50.00 403.11 5141-43 Harvard Street Senior 614.34 20.00 50.00 684.34 4568 Hawthorne Street Residential 408.88 20.00 50.00 478.88 9095 Helena Avenue Residential 337.97 20.00 50.00 407.97 9743 Helena Avenue Residential 215.65 20.00 50.00 285.65 4611 Highland Street Senior 295.34 20.00 50.00 365.34
5190 Howard Street A & B Multifamily 738.35 20.00 50.00 808.35 4585 James Street Residential 365.49 20.00 50.00 435.49 9844 Kimberly Avenue Residential 325.11 20.00 50.00 395.11 9860 Kimberly Avenue Residential 402.46 20.00 50.00 472.46 5564 La Deney Street Residential 261.83 20.00 50.00 331.83 9744 Lehigh Avenue Residential 364.94 20.00 50.00 434.94 9958 Lindero Avenue Residential 415.07 20.00 50.00 485.07 9810 Mammoth Drive Residential 298.50 20.00 50.00 368.50 9527 Marion Avenue Residential 333.09 20.00 50.00 403.09 9547 Marion Avenue Residential 332.77 20.00 50.00 402.77 9325 Mills Avenue Multifamily 511.16 20.00 50.00 581.16 9595 Mills Avenue Residential 362.26 20.00 50.00 432.26 9745 Mills Avenue Residential 287.50 20.00 50.00 357.50 9969 Mills Avenue Residential 346.53 20.00 50.00 416.53 9056 Monte Vista Avenue Residential 320.41 20.00 50.00 390.41 9721 Monte Vista Avenue Residential 575.24 20.00 50.00 645.24 5616 Moreno Street Residential 422.48 20.00 50.00 492.48 9886 Norton Avenue Residential 261.83 20.00 50.00 331.83 4613 Olive Street Residential 261.20 20.00 50.00 331.20 4644 Olive Street Residential 374.34 20.00 50.00 444.34 4257 Orchard Street Senior 283.44 20.00 50.00 353.44
4779 Orchard Street Senior 268.07 20.00 50.00 338.07
5596 Orchard Street Residential 443.81 20.00 50.00 513.81 5690 Orchard Street Residential 333.09 20.00 50.00 403.09 9925 Poulsen Avenue Residential 332.25 20.00 50.00 402.25 9935 Poulsen Avenue Residential 456.51 20.00 50.00 526.51 9375 Pradera Avenue Senior 1,467.83 20.00 50.00 1,537.83 10074 Pradera Avenue Residential 500.77 20.00 50.00 570.77 4467 Princeton Street Residential 415.07 20.00 50.00 485.07 5571 Princeton Street Residential 260.87 20.00 50.00 330.87 9030 Ramona Avenue Residential 261.83 20.00 50.00 331.83 9060 Ramona Avenue Residential 261.83 20.00 50.00 331.83 9109 Ramona Avenue Residential 318.39 20.00 50.00 388.39 9529 Ramona Avenue Residential 966.50 20.00 50.00 1,036.50 9587 Ramona Avenue Residential 415.07 20.00 50.00 485.07 9801 Ramona Avenue Senior 303.34 20.00 50.00 373.34
9413 Rose Avenue Residential 389.73 20.00 50.00 459.73
9434 Rose Avenue Residential 333.09 20.00 50.00 403.09
9720 Rose Avenue Residential 366.05 20.00 50.00 436.05
MONTCLAIR CITY COUNCIL MEETING – 03/07/2022 Page 134 of 158 Exhibit A to Resolution No. 22–3337
Report of Delinquent Civil Debts – March 2022

Street No. Street Account Type Delinquency Release of
Lien Fee Lien Fee Total Lien Amount
9734 Rose Avenue Residential 261.83 20.00 50.00 331.83
9866 Rose Avenue Senior 299.02 20.00 50.00 369.02
9966 Rose Avenue Residential 331.18 20.00 50.00 401.18
4683 Rosewood Street Residential 415.07 20.00 50.00 485.07 4890 Rosewood Street Residential 329.59 20.00 50.00 399.59 5361 Rosewood Street Residential 333.47 20.00 50.00 403.47 5401 Rosewood Street Residential 208.51 20.00 50.00 278.51 4164 Rudisill Street Residential 328.71 20.00 50.00 398.71 4245 Rudisill Street Residential 275.80 20.00 50.00 345.80 5409 Rudisill Street Residential 361.70 20.00 50.00 431.70 4686 San Bernardino Street Residential 441.99 20.00 50.00 511.99 4711 San Bernardino Street Residential 333.09 20.00 50.00 403.09 4749 San Bernardino Street Residential 331.34 20.00 50.00 401.34 4844 San Bernardino Street Residential 364.56 20.00 50.00 434.56 5129 San Bernardino Street Residential 305.59 20.00 50.00 375.59 5216 San Bernardino Street Residential 285.89 20.00 50.00 355.89 5489 San Bernardino Street Residential 282.79 20.00 50.00 352.79 5422 San Jose Street Residential 364.64 20.00 50.00 434.64 5446 San Jose Street Residential 261.83 20.00 50.00 331.83 5453 San Jose Street Residential 324.81 20.00 50.00 394.81 5473 San Jose Street Senior 407.00 20.00 50.00 477.00
5593 San Jose Street Residential 310.80 20.00 50.00 380.80 5636 San Jose Street Residential 343.50 20.00 50.00 413.50 4424 San Jose Street #05 Residential 321.89 20.00 50.00 391.89 4424 San Jose Street #10 Residential 358.62 20.00 50.00 428.62 4424 San Jose Street #18 Residential 334.54 20.00 50.00 404.54 4424 San Jose Street #27 Residential 333.09 20.00 50.00 403.09 4630 San Jose Street K Residential 223.15 20.00 50.00 293.15 10016 Santa Anita Avenue Residential 381.36 20.00 50.00 451.36 9830 Saratoga Avenue Residential 361.75 20.00 50.00 431.75 9866 Steamboat Drive Senior 297.25 20.00 50.00 367.25
9617 Surrey Avenue Residential 333.09 20.00 50.00 403.09 9554 Tudor Avenue Residential 262.23 20.00 50.00 332.23 9773 Tudor Avenue Residential 360.32 20.00 50.00 430.32 9783 Tudor Avenue Residential 260.05 20.00 50.00 330.05 9966 Vernon Avenue Senior 264.77 20.00 50.00 334.77
10008 Vernon Avenue Residential 285.47 20.00 50.00 355.47 Total: $60,620.43 $3,440.00 $8,600.00 $72,660.43
MONTCLAIR CITY COUNCIL MEETING – 03/07/2022 Page 135 of 158

CITY COUNCIL

AGENDA REPORT
DATE: MARCH 7, 2022
SECTION: CONSENT - RESOLUTIONS
ITEM NO.: 2
FILE I.D.: COV100/CYC125
DEPT.: CITY MGR.

PREPARER: A. MYRICK
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 22–3338 MAKING FACTUAL FINDINGS IN COMPLIANCE WITH AB 361 FOR THE CONTINUATION OF PUBLIC MEETING

TELECONFERENCING DURING PUBLIC HEALTH EMERGENCIES FOR THE PERIOD OF MARCH 7, 2022, THROUGH APRIL 6, 2022
REASON FOR CONSIDERATION: The City Council’s adoption of Resolution No. 21–3338 would extend the City’s remote public meeting procedures under AB 361 for an additional 30 days, expiring April 6, 2022.

BACKGROUND: Governor Newsom’s Executive Order N–29–20, which suspended and modified the Brown Act’s teleconferencing requirements during the COVID–19 pandemic, expired on September 30, 2021. On September 16, 2021, Governor Newsom signed AB 361 into law as an urgency bill and, four days later, executed an order delaying the application of AB 361 until October 2, 2021.

AB 361 permits legislative bodies of state and local entities to continue to meet virtually and remotely through telephonic and internet means (i.e., via teleconference) during a proclaimed state of emergency without having to meet the quorum, posting, physical location access, and other requirements of traditional teleconference meetings under the Brown Act. Under AB 361, a legislative body may hold entirely virtual meetings (or partially virtual meetings) until the end of the current state of emergency and during any future emergency declarations through January 1, 2024. However, to do so, the legislative body must make factual findings to continue teleconferencing every 30 days.

FISCAL IMPACT: There is no direct fiscal impact on the General Fund related to the City Council’s adoption of Resolution No. 22–3338.

RECOMMENDATION: Staff recommends the City Council adopt Resolution No. 22–3338 making factual findings in compliance with AB 361 for the continuation of teleconferencing during public health emergencies for the period of March 7, 2022, through April 6, 2022.

MONTCLAIR CITY COUNCIL MEETING – 03/07/2022 Page 136 of 158 Resolution No. 22–3338 Page 1 of 3
RESOLUTION NO. 22–3338

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTCLAIR STATING COMPLIANCE WITH THE PROVISIONS OF ASSEMBLY BILL 316

INCLUDING COMPLIANCE WITH ABBREVIATED TELECONFERENCE

REQUIRMENTS FOR OPEN MEETINGS, AND MAKING FACTUAL FINDINGS REGARDING THE COVID–19 PUBLIC HEALTH EMERGENCY FOR THE
PERIOD OF MARCH 7, 2022, THROUGH APRIL 6, 2022
WHEREAS, recognizing the continuing public health threat posed by the novel coronavirus, California Governor Gavin Newsom on September 16, 2021 signed Assembly Bill 361 (AB 361), an urgency law establishing procedures for the continuation of teleconferencing during public health emergencies, including the COVID–19 public health emergency; and
WHEREAS, the Montclair City Council, its standing committees, and the Montclair Planning and Community Activities Commissions may continue to meet virtually and remotely through telephonic and internet means (i.e., via teleconference) during a proclaimed state of emergency without having to meet the quorum, posting, physical location access and other requirements of traditional teleconference meetings under the Ralph M. Brown Act—Government Code (GC) sections (§§)54950–54963 (the "Brown Act") open meeting laws until the end of the current state of emergency and during any future state of emergency, up until January 1, 2024; and WHEREAS, to continue meeting virtually, the Montclair City Council is required to make factual findings.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Montclair hereby elects to use AB 361’s abbreviated teleconferencing procedures where a state of emergency has been formally proclaimed, but only if at least one of the following three conditions apply, and this election shall hereby include its standing committees and the Montclair Planning and Community Activities Commissions:

1. State or local officials have imposed or recommended measures to promote social distancing at the time the legislative body holds the meeting to adopt AB 361 [GC §54953(e)(1)(A)]; or

2. The legislative body holds a meeting for the first time for the purpose of determining by majority vote whether, as a result of proclaimed state of emergency, meeting in person would present imminent risks to the health and safety of attendees [GC §54953(e)(1)(B)], or

3. The legislative body has determined (per the previous bullet) that, as a result of the proclaimed state of emergency, meeting in person would continue to present imminent risks to the health or safety of attendees [GC §54953(e)(1)(C)].

As to condition No. 1, immediately above:
 On March 16, 2020, the City Council adopted Resolution No. 20–3263 declaring that a local public health emergency exists in the City of Montclair.

The public health emergency continues until Resolution No. 20–3263 is rescinded.
 On September 21, 2020, the City Manager introduced, and the City Council adopted, the City Facilities Public Reopening, Health and Safety Plan. The Plan introduced a strong, clear and detailed guidance to ensure public health and safety in City facilities. Protocols in the Plan are based on a variety of sources including, but not limited to, the federal government’s Opening America plan, CDC Guidelines, State of California Guidance, EEOC Guidance for the workplace, and the Aspen Institute Return to Play COVID–19 Risk Assessment Tool. A copy of the Plan had been provided to each member of the City Council.

BE IT FURTHER RESOLVED that pursuant to AB 361, local legislative bodies electing to use the urgency bill’s abbreviated teleconferencing procedures must make the following factual findings within 30 days after teleconferencing for the first time after the expiration of Executive Order No. N–29–20 on September 30, 2021, and every 30 days thereafter until January 1, 2024, or when Montclair City Council Resolution No. 20–3263 declaring a public health emergency is rescinded, whichever comes first:

MONTCLAIR CITY COUNCIL MEETING – 03/07/2022 Page 137 of 158 Resolution No. 22–3338 Page 2 of 3

1. The legislative body has reconsidered the circumstances of the state of emergency; and

2. Either of the following circumstances exist:
 The state of emergency continues to directly impact the ability of the members to meet safely in person.
 State or local officials continue to impose or recommend measures to promote social distancing.

As to condition No. 1, immediately above, this Resolution makes factual findings as follows:
 The City Council of the City of Montclair, in reconsideration of the circumstances of the public health emergency related to COVID–19, as expressed in Montclair City Council Resolution No. 20–3263, adopted March 16, 2020, declaring that a local public health emergency exists in the City of Montclair, remains in effect.

As to condition No. 2, immediately above, this Resolution makes factual findings as to the following:
 On September 21, 2020, the City Council adopted the City Facilities Public Reopening, Health and Safety Plan, introducing a strong, clear and detailed guidance to ensure public health and safety in City facilities. Protocols in the Plan are based on a variety of sources including, but not limited to, the federal governments Opening America plan, CDC Guidelines, State of California Guidance, EEOC Guidance for the workplace, and the Aspen Institute Return to Play COVID–19 Risk Assessment Tool. Adoption of the Plan also incorporated guidance from the California Department of Public Health (CDPH) and the Centers for Disease Control and Prevention (CDC), including public health guidelines that promote personal responsibility for social distancing and compliance with face covering mandates, education on the need to avoid large gatherings, and promotion of protocols related to personal hygiene.

By adoption of this Resolution, the City Council of the City of Montclair reaffirms that it continues to impose measures in City facilities and at City– sponsored events to promote social distancing in compliance with the City Facilities Public Reopening, Health and Safety Plan.

BE IT FURTHER RESOLVED that the City Council of the City of Montclair, its standing committees, and the Montclair Planning and Community Activities Commissions shall further comply with each of AB 361's abbreviated teleconference requirement for open meetings, including the following:

1. Notice and agenda:
 The City of Montclair shall provide notice and post agendas as otherwise required under the Brown Act (setting aside traditional teleconferencing requirements), and shall indicate on the notice the means by which the public may access the meeting and offer comment.
 The agenda shall identify and include an opportunity for all persons to attend via a call–in option or internet–based service. Further, (1) the agenda is not required to be posted at all teleconferencing locations, (2) public access does not need to be assured at all teleconference locations, (3) the notices and agenda do not need to list the teleconferencing locations of the members of the City Council, and (4) a quorum of the members of the City Council do not need to participate within physical boundaries of the City of Montclair.

2. Public comment rules: AB 361 instituted new rules for public comments for timed and untimed public comment periods during legislative body meetings.  Timed general public comment period: The Montclair City Council, its committees, and the Montclair Planning and Community Activities Commissions provide members of the public a timed, general public comment period, and opportunity to register for public comment does not close until the set general public comment period has elapsed.

MONTCLAIR CITY COUNCIL MEETING – 03/07/2022 Page 138 of 158 Resolution No. 22–3338 Page 3 of 3
 Untimed public comment period per agenda item: The Montclair City Council, its committees, and the Montclair Planning and Community Activities Commissions provide for a timed, general public comment period.  Timed public comment period per agenda item: The Montclair City Council, its committees, and the Montclair Planning and Community Activities Commissions provide for a timed public comment period per agenda item.

3. Prohibition against requirement for public comments to be submitted in advance. The Montclair City Council, its committees, and the Montclair Planning and Community Activities Commissions comply with AB 361's prohibition against a local legislative body from requiring public comments to be submitted in advance of the meeting.

4. Registration for public comment: The Montclair City Council, its committees, and the Montclair Planning and Community Activities Commissions comply with AB 361 by not imposing a requirement that a member of the public register for public comment before being allowed to provide public comment where a third– party platform (such as Zoom or Microsoft Teams) is employed.

5. Disrupted broadcasting procedures: In the event there is a broadcasting disruption of a meeting of the Montclair City Council, its committees, or the Montclair Planning and Community Activities Commissions to the public by phone or by internet, the Montclair City Council, its committees, and the Montclair Planning and Community Activities Commissions will take no further action on agenda items until public access is restored.

6. Standing Committee: Each standing committee of the Montclair City Council shall fall under the scope of AB 361.

7. Montclair Planning and Community Activities Commissions: The Montclair Planning Commission and the Montclair Community Activities Commission shall fall under the scope of AB 361.

BE IT FURTHER RESOLVED that this action is exempt from review pursuant to the California Environmental Quality Act (CEQA) in accordance with State CEQA Guidelines Section 15061(b)(3), the “common sense” exemption that CEQA only applies to projects that have the potential for causing a significant effect on the environment.

BE IT FURTHER RESOLVED that this Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of April 6, 2022, or such time as the City Council adopts a subsequent resolution in accordance with GC §54953(e)(3) to extend the time during which meetings may continue to be held remotely by teleconference in compliance with that section.

APPROVED AND ADOPTED this XX day of XX, 2022.

Mayor
ATTEST:

City Clerk
I, Andrea M. Myrick, City Clerk of the City of Montclair, DO HEREBY CERTIFY that Resolution No. 22–3338 was duly adopted by the City Council of said city and was approved by the Mayor of said city at a regular meeting of said City Council held on the XX day of XX, 2022, and that it was adopted by the following vote, to–wit:

AYES: XX
NOES: XX
ABSTAIN: XX
ABSENT: XX
Andrea M. Myrick
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 03/07/2022 Page 139 of 158 Public Works Committee Meeting Minutes – August 19, 2021 Page 1 of 4

MINUTES OF THE REGULAR MEETING OF THE PUBLIC WORKS
COMMITTEE HELD ON THURSDAY, AUGUST 19, 2021, AT 4:04 P.M.

VIA ZOOM TELECONFERENCE
I. CALL TO ORDER
Chair Johnson called the meeting to order at 4:04 p.m.

II. ROLL CALL

Present: Council Member Johnson (Chair); Council Member Lopez (Committee Member); City Manager Starr; Executive Director of Public Safety/Police Chief Avels; Interim Public Works Director/City Engineer Hudson; Economic Development Consultant Caldwell; Assistant Public Works Superintendent Diaz

Absent: Director of Community Development Diaz; Director of Economic Development/Housing Fuentes
III. APPROVAL OF MINUTES
The Committee approved the minutes of the April 15, 2021 regular meeting.

IV. PUBLIC COMMENT — None
V. PUBLIC WORKS DEPARTMENT UPDATES/ITEMS
A. OPERATIONS

1. MAINTENANCE ACTIVITIES
An Operations Activities Report for the past month was included with the agenda. There were no questions or issues with the report.

2. ADDITIONAL ITEMS — Chair Johnson questioned the re–opening of the splash pad at Alma Hofman Park. Staff reported that since the two–year closure of the Splash Pad, parts were recently ordered and will arrive in September. Staff stated that with the long repair duration of the splash pad, the re–opening will be after Memorial Day in 2022.

B. FACILITIES

1. MAINTENANCE ACTIVITIES
A Facilities Activities Report for the past month was included with the agenda. There were no questions or issues with the report.

2. ADDITIONAL ITEMS — None
C. ENGINEERING DIVISION ITEMS

1. Review of Truck Parking Program on Palo Verde Street and Brooks Street Assistant Public Works Superintendent Diaz stated the signs have been ordered and signage will be installed by Staff in the next few weeks.

MONTCLAIR CITY COUNCIL MEETING – 03/07/2022 Page 140 of 158 Public Works Committee Meeting Minutes – August 19, 2021 Page 2 of 4

2. 9015 Helena Avenue — Deed over parkway area
Interim Public Works Director/City Engineer Hudson stated staff needs more time to review this item.

3. 9614 Benson Avenue — Deed over parkway area
Interim Public Works Director/City Engineer Hudson stated staff needs more time to review this item.

4. Application for Montclair SRTS Implementation Project Interim Public Works Director/City Engineer Hudson stated the Montclair Safe Routes to School Plan is a comprehensive framework for the City to improve the health, safety, and equity of students, parents, and community members surrounding each elementary, middle, and high school in Montclair. City Staff is developing strategies that would promote more walking and biking. Two surveys were administered for the planning efforts and an analysis of the environment and existing infrastructure at certain locations that could benefit from engineering improvements. The City has submitted an application to consider a grant for sidewalk improvements.

5. Application for HSIP Grant for Roundabout at Ramona Avenue and Howard Street
Interim Public Works Director/City Engineer Hudson stated the City is waiting for the E–76 form to construct a roundabout configuration at the intersection of Ramona Avenue and Howard Street. A more detailed scheduled will be brought to the Committee at a future meeting.

VI. POLICE DEPARTMENT UPDATE/ITEMS — No update
VII. COMMUNITY DEVELOPMENT DEPARTMENT PROJECT UPDATES/ITEMS Economic Development Consultant Caldwell discussed the design elements for the Panera Bread Restaurant taking over the old Islands building. The former Sears Building is at the early stages of converting to mixed–used development. A future Tesla multi–level charging station is in development, which will encase a café and charge up to 15 electric vehicles.

VIII. CAPITAL PROJECT UPDATES
A. LOCAL PROJECTS

1. Central Avenue Utility Underground Project
Optimum is currently in the process of purchasing the vacant underground conduit from Spectrum. As soon as payment is received, Optimum will relocate their overhead lines and remove the poles. This process is estimated to be complete by November.

2. Fremont Avenue and Arrow Highway Streetscape Project The design plans are now complete. The project will improve and make the streets more pedestrian–friendly and improve the aesthetic appeal of the area. The project is on hold until the impacts of development projects are MONTCLAIR CITY COUNCIL MEETING – 03/07/2022 Page 141 of 158 Public Works Committee Meeting Minutes – August 19, 2021 Page 3 of 4 assessed. The City may be able to tie this project and development utilities work together.

3. Reeder Ranch Park Project
Staff is currently working with the architect to finalize the construction drawings. The City Council will be presented with a PowerPoint showing the current design at its first meeting in October.

B. REGIONAL PROJECTS

1. I–10 Corridor Project
Economic Development Consultant Caldwell advised the project continues to move forward. City staff attended a meeting last week with San Bernardino County Transportation Authority (SBCTA) to discuss the recent changes on the project. Specifically at Monte Vista Avenue, the on–ramp off Palo Verde Street for eastbound traffic will be closed for most of the duration of the project.

2. Chino Basin Program (Inland Empire Utilities Agency) The Chino Basin Program will provide locally stored and treated groundwater to a state water contractor to facilitate the Oroville exchange. The program’s funding will be used to construct new local extraction and treatment facilities.

3. Central Avenue Bridge
The City is moving forward with the environmental and engineering design phases of the project and is pursuing additional funding for construction of the project. The estimated project cost is $30.2 million. The replacement Central Avenue Bridge will support current and future capacity needs along with addressing safety concerns and improving travel time.

4. Foothill Gold Line Extension
City Manager Starr advised staff of the efforts continuing to assemble federal funding related to extending this project to the Montclair Transcenter.

Currently, the 9.1 miles of track from Glendora to Pomona is now more than one–third compete overall. The grade crossing work is 39 percent compete as of early August. Reconstruction of 10 of the project’s 23 at–grade crossings is substantially complete with five more under construction. At each location, crews are actively relocating and protecting underground water, sewer, gas, communications, and power lines. After the completed installation, new rail track and safety equipment will rebuild the roadway, curb, gutters, sidewalks, and medians.

IX. COMMITTEE AND CITY MANAGER ITEMS — None
MONTCLAIR CITY COUNCIL MEETING – 03/07/2022 Page 142 of 158 Public Works Committee Meeting Minutes – August 19, 2021 Page 4 of 4 X. ADJOURNMENT
At 4:48 p.m., Chair Johnson adjourned the meeting of the Public Works Committee.

The next meeting of the Public Works Committee is scheduled to be held at 4:00 p.m. on Thursday, September 16, 2021.

Submitted for Public Works Committee
approval,
Cenica Smith
Transcribing Secretary
MONTCLAIR CITY COUNCIL MEETING – 03/07/2022 Page 143 of 158 Public Works Committee Meeting Minutes – January 20, 2022 Page 1 of 4

MINUTES OF THE REGULAR MEETING OF THE PUBLIC WORKS
COMMITTEE HELD ON THURSDAY, JANUARY 20, 2022, AT 4:02 P.M.

HELD VIA ZOOM TELECONFERENCE
I. CALL TO ORDER
Chair Johnson called the meeting to order at 4:02 p.m.

II. ROLL CALL

Present: Council Member Johnson (Chair); Council Member Lopez (Committee Member); City Manager Starr; Director of Economic Development and Housing Fuentes; Executive Director of Public Safety/Police Chief Avels; Director of Public Works/City Engineer Heredia; Director of Community Development Diaz, City Engineering Consultant Hoerning

Absent: None
III. APPROVAL OF MINUTES
The Committee approved the minutes from the September 16, 2021 meeting, with Committee Member Lopez abstaining due to his absence from that meeting.

IV. PUBLIC COMMENT – None
V. PUBLIC WORKS DEPARTMENT UPDATES / ITEMS
A. Operations

1. Maintenance Activities
An Operations Activities Report for September through December 2021 was included with the agenda. A new format of the report was provided.

The Committee was pleased with the new tabular format of the report.

Committee Member Lopez requested service requests be included.

2. Additional Items — None
B. Facilities

1. Maintenance Activities
A Facilities Activities Report for September through December 2021 was included with the agenda. There were no questions or issues with the report.

2. Additional Items — None
MONTCLAIR CITY COUNCIL MEETING – 03/07/2022 Page 144 of 158 Public Works Committee Meeting Minutes – January 20, 2022 Page 2 of 4 C. Engineering Division

1. Safe Routes to School Program (SRTS) Program – Vernon Middle School Director of Public Works/City Engineer Heredia discussed the Safe Routes to School Program. She noted the City plans to install flashing stop signs at the intersections of San Bernardino Street/Vernon Avenue and Vernon Avenue/Benito Street and widen the curb ramp on the north side of San Bernardino Street.

City Manager Starr reported the City is currently working with Ontario Montclair School District (OMSD), which has appointed two staff members to oversee the SRTS Program.

2. San Antonio Creek Trail Feasibility Study
Director of Public Works/City Engineer Heredia stated the potential project was promoted at a community event and shared feedback from the public.

She advised the City will hold more meetings to promote the project and obtain stakeholder input.

Director of Public Works/City Engineer Heredia advised the City has already met with the developer of the Vulcan site near the Pacific Electric Trail and noted meetings with Los Angeles Metropolitan Transportation Authority (LA Metro) and San Bernardino County Transportation Authority (SBCTA) will occur soon.

City Manager Starr reported liability–related concerns posed by Chino Basin Water Conservation District (CBWCD), noting follow–up discussions would be held at future meetings.

3. Parks and Recreation Master Plan Request for Proposal (RFP) Director of Public Works/City Engineer Heredia stated that the RFP was posted from December 21, 2021, to January 18, 2022, and staff is currently evaluating the two proposals received for the Master Plan. Once selected, staff expects to take the item to City Council at the second meeting in February for approval.

VI. POLICE DEPARTMENT UPDATES / ITEMS – None
VII. COMMUNITY DEVELOPMENT DEPARTMENT PROJECT UPDATES / ITEMS Director of Community Development Diaz advised staff is diligently working on plan checks for the Village at Montclair project on Arrow Highway at the intersection of Fremont Avenue.

Committee Member Lopez asked if the maps would be available in February.

Director of Community Development Diaz conveyed that it is indeterminable at this time.

MONTCLAIR CITY COUNCIL MEETING – 03/07/2022 Page 145 of 158 Public Works Committee Meeting Minutes – January 20, 2022 Page 3 of 4 VIII. CAPITAL PROJECT UPDATES
A. Local Projects

1. Central Avenue Utility Underground Project
Director of Public Works/City Engineer Heredia stated the undergrounding equipment for the project was installed; however, due to the City’s road construction moratorium during the holidays, the owner could not complete construction. Completion is expected in the next few weeks.

2. Fremont Avenue and Arrow Highway Streetscape Project Director of Public Works/City Engineer Heredia stated City Engineering Consultant Hoerning is reviewing the plans for the road segment between Monte Vista and Fremont Avenues and is working with the City’s design consultant to coordinate with the developers of the Village Partners Project on Arrow Highway.

3. Reeder Ranch Park Project
Director of Public Works/City Engineer Heredia stated staff is reviewing the plans, and she expects the plans and specifications to be completed in the next two months.

4. Pacific Electric Trail Pedestrian Bridge Replacement Director of Public Works/City Engineer Heredia reported the contract was awarded, and the preconstruction meeting with the contractor will be scheduled in March. She stated she expects the old damaged bridge to be removed prior to the meeting.

5. Zone 5 & 6 Street Rehabilitation Project
Director of Public Works/City Engineer Heredia stated a bid opening was held for this project. Eight proposals were received, which staff will evaluate before bringing a recommendation to the City Council.

B. Regional Projects

1. I–10 Corridor Project
Director of Public Works/City Engineer Heredia stated work continues at the on– and off–ramps of Monte Vista and Central Avenues. She advised there is a planned 55–hour closure at the eastbound (EB) Central Avenue off–ramp.

City Manager Starr, Chair Johnson, and Committee Member Lopez expressed concerns about these log closures.

Director of Public Works/City Engineer Heredia stated the closure has not been approved yet and agreed that at least one on– and off–ramp should be open at all times.

Committee Member Lopez inquired when more noticeable advancements would be made on the project.

MONTCLAIR CITY COUNCIL MEETING – 03/07/2022 Page 146 of 158 Public Works Committee Meeting Minutes – January 20, 2022 Page 4 of 4 Public Works Director/City Engineer Heredia noted utility work is currently taking place, and the project will not be completed anytime soon.

City Manager Starr added that construction work will continue until 2024 due to the widening of the roads and bridge and the utility relocation. He stressed this is why Monte Vista Avenue needs to be open and available for use before closing Central Avenue.

2. Central Avenue Bridge Project
Director of Public Works/City Engineer Heredia stated that this project is in the environmental phase, and Caltrans has approved the air quality report.

She reported the state’s historic preservation office has requested additional information to obtain approval for the historical reports. In the meantime, City staff is waiting to hear from Caltrans to determine if this project will be a replacement or rehabilitation.

While the project is not fully funded, City Manager Starr stated he is confident the City will obtain the necessary resources to complete the project. He advised that Senator Padilla is seeking funding from the $10 million placed in the state’s construction plan, and Congresswoman Torres intends to request funding from the $15 billion available in federal funds. He added $15 million has already been secured for the project through federal grants.

3. Foothill Gold Line Extension Project
City Manager Starr stated the City is still waiting on whether or not the state will fund the $675 million shortfall to complete the Gold Line, now called the “L–Line,” from Pomona to Montclair. He noted Claremont Council Member Ruiz is now a member of the Foothill Gold Line Construction Authority Board.

He hopes Council Member Ruiz will emphasize the importance of the line’s extension to Montclair. Once it is funded to Claremont, and if funds are available, SBCTA will provide the necessary funding to complete the project from Claremont to Montclair.

He reported that the state is expected to have a revenue surplus for the second year in a row, and Governor Newsom has indicated he intends to put additional funding toward infrastructure projects this year. Infrastructure is one of the major categories to which surplus funding can be attributed.

IX. COMMITTEE AND CITY MANAGER ITEMS — None
X. ADJOURNMENT
At 4:25 p.m., Chair Johnson adjourned the meeting of the Public Works Committee.

The next meeting of the Public Works Committee is scheduled to be held at 4:00 p.m. on Thursday, February 17, 2022.

Submitted for Public Works Committee
approval,

Nadia Paz
Transcribing Secretary
MONTCLAIR CITY COUNCIL MEETING – 03/07/2022 Page 147 of 158 Personnel Committee Minutes – February 22, 2022 Page 1 of 1

MINUTES OF THE MEETING OF THE MONTCLAIR

PERSONNEL COMMITTEE HELD ON TUESDAY,
FEBRUARY 22, 2022, AT 6:20 P.M. IN THE CITY
ADMINISTRATIVE OFFICES, 5111 BENITO STREET,

MONTCLAIR, CALIFORNIA
I. CALL TO ORDER
Mayor Pro Tem Ruh called the meeting to order at 6:20 p.m.

II. ROLL CALL

Present: Mayor Pro Tem Ruh, Council Member Johnson, and City Manager Starr
III. APPROVAL OF MINUTES
A. Minutes of the Regular Personnel Committee Meeting of December 20, 2021.

Moved by Council Member Johnson, seconded by Mayor Pro Tem Ruh, and carried unanimously to approve the minutes of the Personnel Committee meeting of December 20, 2021.

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

At 6:45 p.m., the Personnel Committee returned from Closed Session.

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

VI. ADJOURNMENT
At 6:45 p.m., Mayor Pro Tem Ruh adjourned the Personnel Committee.

Submitted for Personnel Committee approval,
Edward C. Starr
City Manager
MONTCLAIR CITY COUNCIL MEETING – 03/07/2022 Page 148 of 158

PENDING

APPROVAL
City Council Adjourned Meeting Minutes – February 16, 2022 Page 1 of 3

MINUTES OF THE ADJOURNED MEETING OF THE MONTCLAIR
CITY COUNCIL HELD ON WEDNESDAY, FEBRUARY 16, 2022, AT
6:00 P.M. IN THE CITY COUNCIL CHAMBERS, 5111 BENITO

STREET, MONTCLAIR, CALIFORNIA
I. CALL TO ORDER
Mayor Dutrey called the meeting to order at 6:00 p.m.

II. ROLL CALL

Present: Mayor Dutrey; Mayor Pro Tem Ruh; Council Members Johnson, Martinez (via Zoom), and Lopez
City Manager Starr; Finance Manager Kulbeck; Director of Community Development Diaz; Director of Human Services
Richter; Executive Director of Public Safety/Police Chief Avels; City Clerk Myrick
III. COUNCIL WORKSHOP
A. Fiscal Year 2021–22 Midyear Budget Review

1. Consider Review of the City's Fiscal Operations and Approval of Proposed Changes to the Fiscal Year 2021–22 Budget
Finance Manager Kulbeck reported the status of the City's financial operations at midyear and discussed specific changes to the City's Estimated Revenue and Appropriations Budgets in conjunction with the showing of a PowerPoint presentation.

She reviewed the City Manager’s recommended changes to the City’s General Operating Fund expenditures as follows:
 City Manager — Increasing Information Technology
Services Maintenance – Office Equipment by $8,000. The
proposed adjustments would result in a net increase of
$8,000 for the City Manager budget.
 Administrative Services Department — Increasing
Personnel – Medical Examinations by $8,000 and Testing
by $5,000; and Central Services Maintenance – Office
Equipment by $28,000. The proposed adjustments would
result in a net increase of $41,000 for the Administrative Services Department.
 Police Department — Increasing Support Services –
Overtime by $2,000; Technical Services – Small
Equipment by $1,500; Records – Overtime by $4,000 and
Office Supplies by $1,000; Investigations – Overtime by $20,000 and Special Investigations by $3,000; and
Uniform Patrol – Overtime by $20,000, Personnel
Protective Equipment by $6,000, Gasoline by $33,000,
Diesel by $6,500, Maintenance Other Equipment by
$1,600, Special Contract Services by $10,000, Medical
Services by $10,000, and Vocational Training by $16,000.

After several intra–department transfers of funds to
ensure adequate funding, the proposed adjustments
would result in a net increase of $409,600 for the Police Department.
 Fire Department — Increasing Emergency Services –
Overtime by $400,000, Uniforms by $3,000, and
Personnel Protective Equipment by $87,000. After several intra–department transfers of funds to ensure adequate
funding, the proposed adjustments would result in a net increase of $470,000 for the Fire Department.

MONTCLAIR CITY COUNCIL MEETING – 03/07/2022 Page 149 of 158

PENDING

APPROVAL
City Council Adjourned Meeting Minutes – February 16, 2022 Page 2 of 3  Public Works Department — Increasing Streets – Overtime by $16,000; Parks – Overtime by $18,000; Trees – Special Contract Services by $37,800; Vehicle Maintenance –
Materials by $5,000, Compressed Natural Gas by $4,000,
Diesel by $10,000, and Transportation Work Equipment
by $13,000; Sewer Maintenance – Special Contract
Services by $10,560; and Building Maintenance –
Overtime by $2,348. After several intra–department
transfers of funds to ensure adequate funding, the
proposed adjustments would result in a net increase of
$115,708.
 Community Development Department — Increasing Code
Enforcement – Overtime by $3,600, Uniforms by $1,500,
and Street Outreach by $3,600. The proposed
adjustments would result in a net increase of $8,700.
 Citywide — Increasing Citywide – Workers’ Compensation by $3,600.

Finance Manager Kulbeck presented the City Manager’s
recommendations to increase the Estimated Revenue Budget by $6,523,435 and spending authority to the Appropriations Budget by $1,178,008 in the General Operating Fund. She indicated that approval of both the revised Appropriations and Estimated Revenue Budgets would have a positive budgetary impact to the General Fund of $5,345,427.

Mayor Dutrey asked if the $3,600 increase requested for Code Enforcement – Street Outreach would be used for rental assistance and if next year’s budget would include an enhancement to homeless services.

City Manager Starr confirmed that budget is used for outreach and housing for the homeless, and that next year’s budget is anticipated to include enhancements to Code Enforcement personnel and homeless assistance programs.

Council Member Lopez asked if the Police Department has been able to purchase cell phones for all Police Officers.

Executive Director of Public Safety/Police Chief Avels indicated security issues are still being worked out, but the plan is near completion and soon all officers will have City–issued cell phones.

Mayor Dutrey asked if the motorcycle traffic unit would be put back into service.

City Manager Starr advised restarting the program was in progress; however, the officer who was in training experienced a severe injury, delaying the program’s start. The program is anticipated to be up and running later this year.

Council Member Lopez asked why the Fire Department’s request of $15,000 for uniforms is being denied by the City Manager in favor of a $3,000 allocation.

City Manager Starr indicated he and Finance Manager Kulbeck reviewed trends in relation to all department requests. For this request, it was determined that certain vacancies will not likely be filled before the end of the Fiscal Year, so the City Manager’s recommendation of $3,000 should be adequate for current personnel the remainder of the current Fiscal Year.

Mayor Dutrey confirmed with City Manager Starr that staff’s initial estimate of $7.5 million in revenues for Measure L is being revised to $10.2 million for the current Fiscal Year due to a better–than– expected Economic recovery based on sales tax receipts to date.

MONTCLAIR CITY COUNCIL MEETING – 03/07/2022 Page 150 of 158

PENDING

APPROVAL
City Council Adjourned Meeting Minutes – February 16, 2022 Page 3 of 3 A short discussion was held regarding potential changes to the county pool for sharing sales tax generated by online sales, noting challenges in the legislature and courts could negatively impact the City’s sales tax income if it is determined that distribution centers are points–of–sale, disproportionately benefitting cities that host Amazon distribution centers. City Manager Starr concluded the situation is relatively stable for now but there could be negative impacts in future years.

Mayor Dutrey asked if the City would be able to use the Equipment Replacement Fund to purchase a new fire engine if the City’s grant application is not successful.

City Manager Starr advised the account has the necessary funds available if it comes to that.

Mayor Dutrey asked if the City could start the process of purchasing the truck before hearing about the grant.

City Manager Starr indicated it could negatively impact the city’s grant application if the purchase process is started before the determination is made.

Executive Director of Public Safety/Police Chief Avels advised the grant period was extended to February and just closed, and the grants are awarded throughout the year. He noted the latest the City could expect to hear is September, and the Fire Department is currently researching vendors for a purchase in case the City is awarded the grant.

Moved by Mayor Pro Tem Ruh and seconded by Council Member Johnson that the City Council receive and file the City's Midyear Budget Review documents and approve both proposed changes to the estimated revenues and appropriations of the City of Montclair Fiscal Year 2021–22 Budget.

By roll call vote, the motion carried 5–0 as follows:

AYES: Lopez, Martinez, Johnson, Ruh, Dutrey
NOES: None
ABSTAIN: None
ABSENT: None
IV. PUBLIC COMMENT – None
V. ADJOURNMENT
At 7:24 p.m., Mayor Dutrey adjourned the City Council.

Submitted for City Council approval,

Andrea M. Myrick
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 03/07/2022 Page 151 of 158

PENDING

APPROVAL
City Council Special Meeting Minutes – March 1, 2022 Page 1 of 1

MINUTES OF THE SPECIAL MEETING OF THE MONTCLAIR CITY
COUNCIL HELD ON TUESDAY, MARCH 1, 2022, AT 6:00 P.M. IN THE CITY COUNCIL CHAMBERS, 5111 BENITO STREET,

MONTCLAIR, CALIFORNIA
I. CALL TO ORDER
Mayor Dutrey called the meeting to order at 6:00 p.m. He requested a moment of silence for the people of Ukraine, and led those assembled in the Pledge of Allegiance.

II. ROLL CALL

Present: Mayor Dutrey; Mayor Pro Tem Ruh; Council Members Johnson, Martinez, and Lopez; City Manager Starr; City Attorney Robbins; City Clerk Myrick
III. PUBLIC COMMENT — None
IV. CLOSED SESSION PURSUANT TO GOVERNMENT CODE §54956.9(d)(1)

REGARDING PENDING LITIGATION
City Attorney Robbins requested the City Council meet in closed session to discuss the below referenced cases. She further advised that Council Member Lopez would be recused from attending the closed session on these two matters.

A. Garcia v. Lopez, City of Montclair, et al.

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

At 6:05 p.m., Council Member Lopez left the meeting.

V. CLOSED SESSION
At 6:05 p.m., the City Council went into closed session to discuss pending litigation.

VI. CLOSED SESSION ANNOUNCEMENTS
At 9:51 p.m., the City Council returned from closed session.

City Attorney Robbins advised the City Council received information and provided direction to staff in relation to the two matters of pending litigation. In addition, the City Council took unanimous action by a 4 to 0 vote to approve the hiring of defense counsel to defend the City on the above two matters against claims against adverse parties Garcia, Fuentes, and Lopez for:
 Discrimination based on sexual orientation;
 Discrimination based on gender;
 Unlawful sexual harassment in violation of FEHA;
 Failure to prevent discrimination and retaliation; and  Retaliation.

Mayor Dutrey proposed the City Council hold further closed session discussion regarding the matters on Monday, March 7, 2022, at 5:30 p.m.

Moved by Mayor Pro Tem/Vice Chair Ruh, seconded by Council Member Johnson, and carried unanimously 4–0, the City Council continued these items for further discussion to a closed session at an adjourned meeting on Monday, March 7, 2022 at 5:30 p.m. in the City Council Chambers.

V. ADJOURNMENT
At 9:54 p.m., Mayor Dutrey adjourned the City Council to Monday, March 7, 2022, at 5:30 p.m. in the City Council Chambers.

Submitted for City Council approval,
Andrea M. Myrick
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 03/07/2022 Page 152 of 158

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – February 22, 2022 Page 1 of 6

MINUTES OF THE REGULAR JOINT MEETING OF THE MONTCLAIR

CITY COUNCIL, SUCCESSOR AGENCY AND MONTCLAIR HOUSING

CORPORATION BOARDS, MONTCLAIR HOUSING AUTHORITY

COMMISSION, AND MONTCLAIR COMMUNITY FOUNDATION
BOARD HELD ON TUESDAY, FEBRUARY 22, 2022 AT 7:06 P.M.

CONDUCTED REMOTELY PURSUANT TO STATE EXECUTIVE
ORDER AND AB 361 SUSPENDING CERTAIN ASPECTS OF THE
BROWN ACT DURING THE COVID–19 PUBLIC HEALTH STATE OF

EMERGENCY
I. CALL TO ORDER
Mayor/Chair Dutrey called the meeting to order at 7:06 p.m.

II. INVOCATION
Mayor/Chair Dutrey asked those in attendance to stand for a moment of silence in support of the people of Ukraine.

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

IV. ROLL CALL

Present: Mayor/Chair Dutrey; Mayor Pro Tem/Vice Chair Ruh; Council Members/Directors Johnson, Martinez, and Lopez
City Manager/Executive Director Starr; Director of Community Development Diaz; Director of Human Services Richter; Finance Manager Kulbeck; City Attorney Robbins; City Clerk Myrick V. PRESENTATIONS
A. Chino Basin Water Conservation District — Inland Valley Garden Planner
Ms. Elizabeth Skrzat, General Manager, Chino Basin Water Conservation District (CBWCD), discussed the District’s new Inland Valley Garden Planner website, InlandValleyGardenPlanner.org, which online visitors can use to plan and design landscapes for their homes with drought–tolerant plants native to the area based on various desired qualities such as lawn size, plant and bloom colors, wildlife habitats, and watering requirements. She invited the City to have up to two representatives at a website launch event to be held on Thursday, March 17, from 10:30 a.m. to 1:30 p.m. at the CBWCD Office, including an optional guided tour.

VI. PUBLIC COMMENT
A. Mrs. Carolyn Raft, Board Trustee, West Valley Mosquito and Vector Control District (WVMVCD), stated the District has released its 2021 Annual Report with 1,227 mosquitos collected and 170 traps set.

She noted Montclair’s occurrence of positive samples for diseased mosquitoes has been low compared to other surrounding
communities. She advised WVMVCD has also applied for a $160,000 grant to fund an effort to introduce sterilized Aedes mosquitoes into the population whose offspring cannot have disease.

B. Ms. Karen Stuart, Rancho Cucamonga resident, submitted a written comment that emphasized the historical significance of the Mission Tiki Drive–In to Montclair and the region. She requests the City obtain the decorations, statues, and other items from the property owner to preserve as historical artifacts and prevent from being destroyed or sold to private collectors.

C. Ms. Jessica Gaytan submitted a written comment opposing the building of warehouses to replace the Mission Tiki Drive–In, citing environmental and health concerns related to a reduction in air quality. She requested the project be rejected.

MONTCLAIR CITY COUNCIL MEETING – 03/07/2022 Page 153 of 158

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – February 22, 2022 Page 2 of 6 D. Ms. Darryl Molina Sarmiento, and Octavia Sarmiento (age 9), residents, submitted written comments opposing the closure of the Mission Tiki Drive–In, stating it has been a very important form of entertainment for families throughout the pandemic.

VII. PUBLIC HEARINGS
A. Consider Projects and Prioritization of Funding for the Fiscal Year 2022–2023 Community Development Block Grant Program Mayor Dutrey declared it the time and place set for public hearing to consider projects and prioritization of funding for the Fiscal Year 2022–2023 Community Development Block Grant (CDBG) Program, and invited comments from the audience.

There being no one in the audience wishing to speak, Mayor Dutrey closed the public hearing and returned the matter to the City Council for its consideration.

Council Member Lopez asked if this funding would cover paving projects for the next fiscal year and if work could start sooner.

City Manager Starr advised the City can use the funds for construction of the projects after July 1, 2022, but staff can start the process of bidding for design services before then.

Moved by Mayor Pro Tem Ruh, seconded by Council Member Lopez, and carried unanimously 5–0, the City Council approve the projects and prioritization of funding for the Fiscal Year 2022–2023 CDBG Program, as follows:

Code Enforcement Program 30,000
Improvements to Various Streets/Alleys
Construction Project (including Amherst
Avenue and San Bernardino Street alleys) 349,440
Graffiti Abatement 28,724
Senior Transportation Services
(Golden Express Transportation) 15,000

TOTAL $423,164
VIII. CONSENT CALENDAR
Moved by Mayor Pro Tem/Vice Chair Ruh, seconded by Council Member/Director Johnson, and carried 5–0, the City Council approved the Consent Calendar as presented:

A. Approval of Minutes

1. Regular Joint Meeting — February 7, 2022
The City Council, Successor Agency Board of Directors, Montclair Housing Corporation Board of Directors, Montclair Housing Authority Commissioners, and Montclair Community Foundation Board of Directors approved the minutes of the February 7, 2022 regular joint meeting.

B. Administrative Reports

1. Receiving and Filing of City Treasurer's Report
The City Council received and filed the City Treasurer's Report for the month ending January 31, 2022.

2. Approval of City Warrant Register and Payroll Documentation The City Council approved the City Warrant Register dated February 22, 2022, totaling $1,476,638.17; and the Payroll Documentation dated January 30, 2022, amounting to
$628,596.13 gross, with $450,199.99 net being the total cash disbursement.

MONTCLAIR CITY COUNCIL MEETING – 03/07/2022 Page 154 of 158

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – February 22, 2022 Page 3 of 6

3. Receiving and Filing of Successor Agency Treasurer's Report The City Council acting as successor to the Redevelopment Agency Board received and filed the Successor to the Redevelopment Agency Treasurer's Report for the month
ending January 31, 2022.

4. Approval of Successor Agency Warrant Register
The City Council acting as successor to the Redevelopment Agency Board approved the Successor to the Redevelopment Agency Warrant Register dated 01.01.22–01.31.22 in the
amounts of $5,706.18 for the Combined Operating Fund and $0.00 for the Redevelopment Obligation Retirement Funds.

5. Receiving and Filing of MHC Treasurer's Report
The MHC Board received and filed the MHC Treasurer's Report for the month ending January 31, 2022.

6. Approval of MHC Warrant Register
The MHC Board approved the MHC Warrant Register dated

01.01.22–01.31.22 in the amount of $64,330.13.

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

8. Approval of MHA Warrant Register
The MHA Commissioners approved the MHA Warrant Register dated 01.01.22–01.31.22 in the amount of $0.00.

9. Receiving and Filing a Status Report on Emergency
Contracting Procedures for the Pacific Electric Trail Bridge Replacement Project and Determining There is a Need to
Continue the Action
The City Council received and filed a status report on emergency contracting procedures for the Pacific Electric Trail Bridge Replacement Project and determined there is a need to continue the action.

10. Authorizing the Purchase of a 2022 Ford Ranger XL Vehicle from Fritts Ford in the Total Amount of $30,479.39
Declaring a Chevrolet Caprice Vehicle as Surplus and
Available for Parts or for Sale at Auction
The City Council took the following actions:
(a) Authorized the purchase of a 2022 Ford Ranger XL vehicle from Fritts Ford in the total amount of $30,479.39.
(b) Declared a Chevrolet Caprice vehicle as surplus and available for parts or for sale at auction.

C. Agreements

1. Amending the 2019–2024 Capital Improvement Program to Add the Monte Vista Avenue/I–10 Traffic Signal Interconnect Project
Authorizing a $100,000 Appropriation from 2021 Lease
Revenue Bond Funds for Costs Related to the Monte Vista Avenue/I–10 Traffic Signal Interconnect Project
Approval of Agreement No. 22–14 with HP Communications
for Construction of the Monte Vista Avenue/I–10 Traffic Signal Interconnect Project
The City Council took the following actions:
(a) Amended the 2019–2024 Capital Improvement Program
to add the Monte Vista Avenue/I–10 Traffic Signal
Interconnect Project.

MONTCLAIR CITY COUNCIL MEETING – 03/07/2022 Page 155 of 158

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – February 22, 2022 Page 4 of 6 (b) Authorized a $100,000 appropriation from 2021 Lease Revenue Bond funds for costs related to the Monte Vista Avenue/I–10 Traffic Signal Interconnect Project.
(c) Approved Agreement No. 22–14 with HP Communications for construction of the Monte Vista Avenue/I–10 Traffic Signal Interconnect Project.

IX. PULLED CONSENT CALENDAR ITEMS — None
X. COMMUNICATIONS
A. Department Reports

1. Human Services Department — Upcoming Activities & Events Director of Human Services Richter provided the following updates:
 COVID–19 Rapid Antigen Test Distribution for Montclair Residents — In partnership with San Bernardino County, the Human Services Department will be distributing free COVID– 19 rapid antigen tests to Montclair Residents in a drive–thru format on Wednesday, February 23, from 4:00 p.m. to
7:00 p.m. in parking lot B at the Montclair Civic Center.

Participants must present a driver’s license or utility bill showing their residence address in the City of Montclair, and are limited to two test kits per residence. Kits are for personal use only and may not be resold.
 Montclair Medical Clinic Closure Announcement — The
Montclair Medical Clinic will be retiring its evening
services. The Clinic, in partnership with Health Services Alliance (HSA), provided evening health care services to low–income, uninsured residents of western San Bernardino County and eastern Los Angeles County since 1978. It was housed in the Montclair Recreation Center from 1987 to
2017 and then was relocated to the Montclair Community
Health Center (MCHC) at 5050 San Bernardino Street. Due to the Affordable Care Act and the emergency of new local community health centers, Montclair evening clinic patients have been able to find affordable healthcare elsewhere.

MCHC will continue to offer affordable sliding scale health services, and will soon be expanding its hours to include weekends.

On behalf of the City, Director of Human Services Richter thanked volunteer Clinic staff, Dr. Lally and Dr. Loveless, for their dedication to serving Montclair residents.
 Save the Date for the Following Upcoming Events:
o Easter Eggstravaganza and Pancake Breakfast on
Saturday, April 16, from 9:00 to 11:00 a.m. at Alma
Hofman Park
o Memorial Day Program on Monday, May 30, at
6:00 p.m. in the Memorial Garden adjacent to City Hall
o Country Fair Jamboree on Saturday, June 4, from noon
to 6:00 p.m. at Alma Hofman Park
B. City Attorney
City Attorney Robbins requested the City Council meet in closed session concerning the following:

1. Closed Session Pursuant to Government Code Section
54957.6 Regarding Conference with Designated Labor
Negotiator Edward C. Starr
Agency: City of Montclair
MONTCLAIR CITY COUNCIL MEETING – 03/07/2022 Page 156 of 158

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – February 22, 2022 Page 5 of 6 Employee Management
Organizations: Montclair City Confidential Employees Assn.

Montclair General Employees Association
Montclair Fire Fighters Association
Montclair Police Officers Association
C. City Manager/Executive Director
City Manager Starr provided an update on the funding status of constructing the Gold Line (now renamed the “L” Line) segment from Pomona to Montclair, noting negotiations between the Construction Authority and Kiewit Parsons, the initial segment’s designer– builder, are underway and the segment may need to go out to bid as a separate procurement. He advised the currently estimated price tag is $740 million, which is a significant increase compared to the $540 million fixed price it would have cost before the project failed to secure funding by the October 2021 deadline to be included in the initial procurement by Kiewit Parsons. He advised the City is sending letters to U.S. Senators Padilla and Feinstein to request funding support and, if successful, the project could be completed in time for the 2028 Olympic Games in Los Angeles.

D. Mayor/Chair

1. Mayor/Chair Dutrey made the following comments:
(a) He attended an event hosted by the Montclair High School (MHS) JROTC to honor MHS class of 2005 graduate
Private First Class Alex Oceguera (U.S. Army), who was
killed in action in Afghanistan during the Iraq war in 2006.

During the ceremony, PFC Oceguera’s family was
presented with a City certificate recognizing their son’s service and sacrifice.
(b) He attended the ribbon cutting event for the new Just Harmony nurse education center.
(c) During a Code Enforcement ride–along he visited two homeless shelters in the Cities of Pomona and Riverside. (d) He attended the League of California Cities (LCC) Inland Empire Division meeting and learned of a petition that is currently circulating in the state that would limit cities’ abilities to impose fees, and advised LCC is prioritizing defeat of the initiative.
(e) He congratulated MHS Cavaliers Boys Soccer for their recent win and noted they are currently in the top 150
teams in the nation, top 50 in the state, and are at the top of their Division. He proclaimed everyone is rooting for them to go to the state championships.

E. Council Members/Directors

1. Council Member/Director Johnson made the following comments:
(a) She announced the Pier 88 seafood restaurant just opened today and encouraged residents to try it out.
(b) She reported the Montclair Chamber of Commerce’s next monthly networking breakfast will feature a presentation from Soroptimist International Montclair/Inland Valley
supporting Women’s History Month at Brandon’s Diner,
370 N. Mountain Avenue, Upland, on Thursday, March 10,
at 8:30 a.m. She advised RSVPs can be made to the
Chamber.
(c) Later that same day from noon to 3:00 p.m., the Chamber will be hosting a grand opening and ribbon cutting event for Aqua Ridge Senior Living at 9631 Monte Vista
Avenue. The event will feature lunch and facility tours.

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APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – February 22, 2022 Page 6 of 6

2. Council Member/Director Lopez made the following comments:
(a) He reported attending the Chino Mayor’s Prayer Breakfast with guest speaker, In–N–Out heiress Lynsi Snyder.
(b) He also reported attending Chino’s “State of the City” Event, where he learned over the past year the City of
Chino had several highlights including approving 25
accessory dwelling units, housing 45 homeless
individuals, and getting a new In–N–Out restaurant.
(c) He announced March 5th as Montclair Little League
Opening Day and invited the community to attend.
(d) He thanked Public Works Department staff for installing the new safety signs around Vernon Middle School
despite the inclement weather, noting parents who have
reached out to him really appreciated it.

3. Mayor Pro Tem/Vice Chair Ruh made the following comments:
(a) He could not attend the Chino State of the City but is glad to hear the event was well–attended and successful.
(b) He emphasized the overwhelming and united support the Gold Line extension has from the entire region. He noted the Pacific Electric Trail was the root of the Pacific
Electric Red Cars, which was the original light rail system that went to Los Angeles and cost only five cents to ride.

He asserted the Red Car built up the economies along the line and the Gold Line will do the same to restore
economic vitality to the area.
(c) He lamented that PFC Oceguera was only 19 years old when he died in Afghanistan in 2006, but he clearly loved his country. He noted he and Council Member Johnson
were also at the event to honor his sacrifice.
(d) He stated February 20 was the 60th anniversary of John Glenn becoming the first American to orbit Earth on the Friendship 7, and reflected on how far society has come technologically in the 60 years since.

F. Committee Meeting Minutes — None
XI. CLOSED SESSION
At 7:50 p.m., the City Council went into closed session to discuss labor negotiations.

XII. CLOSED SESSION ANNOUNCEMENTS
At 8:15 p.m., the City Council returned from closed session. Mayor Dutrey announced the City Council met in closed session to discuss labor negotiations; information was received and direction given to staff; and no further announcements would be made at this time.

XIII. ADJOURNMENT
At 8:16 p.m., Mayor/Chair Dutrey adjourned the City Council, Successor Agency Board, Montclair Housing Corporation Board, Montclair Housing Authority Commission, and Montclair Community Foundation Board.

Submitted for City Council/Successor Agency
Board/Montclair Housing Corporation Board/
Montclair Housing Authority Commission/
Montclair Community Foundation Board approval,
Andrea Myrick
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 03/07/2022 Page 158 of 158