Montclair City Council
June 20, 2022

June 2022
Agreement No. 22-67
Parties") from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses 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), where the same arise out of, are a consequence of, or are in any way attributable 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 officers, agents, employees or subconsultants of Consultant. Said indemnification shall include any claim that Consultant, or Consultant’s employees or agents, are considered to be 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.

3. General Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subconsultant or other person or entity involved by, for, with, or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this Agreement or this section.

4. INSURANCE
a. Consultant shall neither commence work under this Agreement until it has obtained all insurance required hereunder in a company or companies acceptable to City nor shall Consultant allow any subcontractor to commence work on a subcontract until all insurance required of the subcontractor has been obtained. Consultant shall, at all times during the term of this Agreement, maintain and keep in full force and effect, the following policies of insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A-: VI:

Commercial general liability at least as broad as ISO CG 0001 (per occurrence) 3,000,000 Commercial general liability at least as broad as ISO CG 0001 (general aggregate) 5,000,000 Commercial auto liability at least as broad as ISO CA 0001 (per accident) 1,000,000 Professional Liability (per claim) 3,000,000
Professional Liability (aggregate) 5,000,000
Worker’s Compensation as required by law
(a) All insurance required by this section shall apply on a primary basis. Consultant agrees that it will not cancel or reduce said insurance coverage. Consultant agrees that if it does not keep the aforesaid insurance in full force and effect 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. (b) Auto liability insurance shall cover owned, nonowned and hired autos. If Consultant owns no vehicles, auto liability coverage may be provided by means of a nonowned and hired auto endorsement to the general liability policy. (c) At all times during the term of this Agreement, Consultant shall maintain on file with City a certificate of insurance, in a form acceptable to City showing that the aforesaid policies are in effect in the required amounts. The general liability and automobile policies shall contain or be endorsed to contain a provision including the Indemnified Parties as additional insureds. Consultant shall promptly file with City such certificate or certificates and endorsements if applicable. Coverage for the additional insureds shall apply to the fullest extent permitted by law. Additional Insured Endorsements shall not:

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June 2022
Agreement No. 22-67
i. Exclude "Contractual Liability"
ii. Restrict coverage to the "Sole" liability of Consultant iii. Exclude "Third-Party-Over Actions"
iv. Contain any other exclusion contrary to the Contract No policy required by this section shall prohibit Consultant from waiving any right of recovery prior to loss. Consultant hereby waives such right with regard to the Indemnified Parties.

The coverage provided shall apply to the obligations assumed by the Consultant under the indemnity provisions of this Agreement. The insurance obligations under this Agreement shall be: (1) all the insurance coverage and/or limits carried by or available to the Consultant; or (2) the minimum insurance coverage requirements and/or limits shown in this Agreement; whichever is greater. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits, which are applicable to a given loss, shall be available to the City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of the Consultant under this Agreement.

All insurance coverage and limits provided by Consultant and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement limits the application of such insurance coverage.

In accordance with the provisions of California Labor Code, Section 3700, every employer shall secure the payment of compensation to his employees. Consultant shall, prior to commencing work, sign and file with City a certification as follows:

I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Agreement." b. General Insurance Requirements: All insurance required by express provision of this Agreement shall be carried only in responsible insurance companies licensed to do business in the State of California. All policies shall contain language, to the extent obtainable, to the effect that (1) the insurer, insured and all subcontractors waive the right of subrogation against City and City’s elected officials, officers, employees, and agents; (2) the policies are primary and noncontributing with any insurance that may be carried by City; and (3) they cannot be canceled or materially changed except after thirty (30) days' written notice by the insurer to City by certified mail. Consultant shall furnish City with copies of all such policies.

Consultant may effect for its own account insurance not required under this Agreement.

ARTICLE XX FUNDING REQUIREMENTS
A. It is mutually understood between the parties that this AGREEMENT may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the AGREEMENT were executed after that determination was made.

B. This AGREEMENT is valid and enforceable only if sufficient funds are made available to LOCAL AGENCY for the purpose of this AGREEMENT. In addition, this AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or LOCAL AGENCY governing board that may affect the provisions, terms, or funding of this AGREEMENT in any manner.

C. It is mutually agreed that if sufficient funds are not appropriated, this AGREEMENT may be amended to reflect any reduction in funds.

D. LOCAL AGENCY has the option to terminate the AGREEMENT pursuant to Article VI Termination, or by mutual agreement to amend the AGREEMENT to reflect any reduction of funds.

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June 2022
Agreement No. 22-67

ARTICLE XXI CHANGE IN TERMS
A. This AGREEMENT may be amended or modified only by mutual written agreement of theparties.

B. CONSULTANT shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by LOCAL AGENCY’s Contract Administrator.

C. There shall be no change in CONSULTANT’s Project Manager or members of the project team, as listed in the approved Cost Proposal, which is a part of this AGREEMENT without prior written approval by LOCAL AGENCY’s Contract Administrator.

ARTICLE XXII CONTINGENT FEE
CONSULTANT warrants, by execution of this AGREEMENT that no person or selling agency has been employed, or retained, to solicit or secure this AGREEMENT upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing business. For breach or violation of this warranty, LOCAL AGENCY has the right to annul this AGREEMENT without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the AGREEMENT price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

ARTICLE XXIII DISPUTES
Prior to either party commencing any legal action under this AGREEMENT, the parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after fortyfive (45) days of good-faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other.

A. Any dispute, other than audit, concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by a committee consisting of LOCAL AGENCY’s Contract Administrator and Noel Castillo, P.E. Public Works Director / City Engineer, who may consider written or verbal information submitted by CONSULTANT.

B. Not later than thirty (30) calendar days after completion of all work under the AGREEMENT, CONSULTANT may request review by LOCAL AGENCY Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.

C. Neither the pendency of a dispute, nor its consideration by the committee will excuse CONSULTANT from full and timely performance in accordance with the terms of this AGREEMENT.

ARTICLE XXIV INSPECTION OF WORK
CONSULTANT and any subconsultant shall permit LOCAL AGENCY, the State, and the FHWA if federal participating funds are used in this AGREEMENT; to review and inspect the project activities and files at all reasonable times during the performance period of this AGREEMENT.

ARTICLE XXV SAFETY
A. CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. CONSULTANT shall comply with safety instructions issued by LOCAL AGENCY Safety Officer and other LOCAL AGENCY representatives.

CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the construction project site.

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June 2022
Agreement No. 22-67
B. Pursuant to the authority contained in Vehicle Code §591, LOCAL AGENCY has determined that such areas are within the limits of the project and are open to public traffic. CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code.

CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from suchvehicles.

ARTICLE XXVI OWNERSHIP OF DATA
A. It is mutually agreed that all materials prepared by CONSULTANT under this AGREEMENT shall become the property of City, and CONSULTANT shall have no property right therein whatsoever.

Immediately upon termination, City shall be entitled to, and CONSULTANT shall deliver to City, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by CONSULTANT in performing this AGREEMENT which is not CONSULTANT’s privileged information, as defined by law, or CONSULTANT’s personnel information, along with all other property belonging exclusively to City which is in CONSULTANT’s possession. Publication of the information derived from work performed or data obtained in connection with services rendered under this AGREEMENT must be approved in writing by City.

B. Additionally, it is agreed that the Parties intend this to be an AGREEMENT for services and each considers the products and results of the services to be rendered by CONSULTANT hereunder to be work made for hire. CONSULTANT acknowledges and agrees that the work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of City without restriction or limitation upon its use or dissemination by City.

C. Nothing herein shall constitute or be construed to be any representation by CONSULTANT that the work product is suitable in any way for any other project except the one detailed in this Contract.

Any reuse by City for another project or project location shall be at City’s sole risk.

D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27 Subpart 27.3 - Patent Rights under Government Contracts for federalaid contracts).

E. LOCAL AGENCY may permit copyrighting reports or other agreement products. If copyrights are permitted; the AGREEMENT shall provide that the FHWA shall have the royalty-freenonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes.

ARTICLE XXVII CLAIMS FILED BY LOCAL AGENCY’s CONSTRUCTION CONTRACTOR A. If claims are filed by LOCAL AGENCY’s construction contractor relating to work performed by CONSULTANT’s personnel, and additional information or assistance from CONSULTANT’s personnel is required in order to evaluate or defend against such claims; CONSULTANT agreesto make its personnel available for consultation with LOCAL AGENCY’S construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings.

B. CONSULTANT’s personnel that LOCAL AGENCY considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from LOCAL AGENCY. Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for CONSULTANT’s personnel services under this AGREEMENT.

C. Services of CONSULTANT’s personnel in connection with LOCAL AGENCY’s construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this AGREEMENT in order to resolve the constructionclaims.

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June 2022
Agreement No. 22-67

ARTICLE XXVIII CONFIDENTIALITY OF DATA
A. All financial, statistical, personal, technical, or other data and information relative to LOCAL AGENCY’s operations, which are designated confidential by LOCAL AGENCY and madeavailable to CONSULTANT in order to carry out this AGREEMENT, shall be protected by CONSULTANT from unauthorized use and disclosure.

B. Permission to disclose information on one occasion, or public hearing held by LOCAL AGENCY relating to the AGREEMENT, shall not authorize CONSULTANT to further disclose such information, or disseminate the same on any other occasion.

C. CONSULTANT shall not comment publicly to the press or any other media regarding the AGREEMENT or LOCAL AGENCY’s actions on the same, except to LOCAL AGENCY’s staff, CONSULTANT’s own personnel involved in the performance of this AGREEMENT, at public hearings, or in response to questions from a Legislative committee.

D. CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this AGREEMENT without prior review of the contents thereof by LOCAL AGENCY, and receipt of LOCAL AGENCY’S written permission.

E. All information related to the construction estimate is confidential, and shall not be disclosed by CONSULTANT to any entity, other than LOCAL AGENCY, Caltrans, and/or FHWA. All of the materials prepared or assembled by CONSULTANT pursuant to performance of this Contract are confidential and CONSULTANT agrees that they shall not be made available to any individual or organization without the prior written approval of City or except by court order. If CONSULTANT or any of its officers, employees, or subcontractors does voluntarily provide information in violation of this Contract, City has the right to reimbursement and indemnity from CONSULTANT for any damages caused by CONSULTANT releasing the information, including, but not limited to, City’s attorney’s fees and disbursements, including without limitation experts’ fees and disbursements.

ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION In accordance with Public Contract Code §10296, CONSULTANT hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against CONSULTANT within the immediately preceding two-year period, because of CONSULTANT’s failure to comply with an order of a federal court that orders CONSULTANT to comply with an order of the National Labor Relations Board.

ARTICLE XXX EVALUATION OF CONSULTANT
CONSULTANT’s performance will be evaluated by LOCAL AGENCY. A copy of the evaluation will be sent to CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the AGREEMENT record.

ARTICLE XXXI RETENTION OF FUNDS
No retainage will be withheld by LOCAL AGENCY from progress payments due the CONSULTANT.

Retainage by the CONSULTANT or subconsultants is prohibited, and no retainage will be held by the CONSULTANT from progress due subconsultants. Any violation of this provision shall subject the violating CONSULTANT or subconsultants to the penalties, sanctions, and other remedies specified in Business and Professions Code §7108.5. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by the CONSULTANT or deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to both DBE and non- DBE CONSULTANT and subconsultants.

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June 2022
Agreement No. 22-67

ARTICLE XXXII NOTIFICATION
All notices hereunder and communications regarding interpretation of the terms of this AGREEMENT and changes thereto, shall be effected by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid, and addressed as follows:

CONSULTANT:

TKE Engineering, Inc.

Terry Renner, Principal In Charge
500 S. Main Street, Ste. 400
Orange, CA 92868
LOCAL AGENCY:

City of Montclair
Monica Heredia, Contract Administrator
5111 Benito Street
Montclair, CA 91763

ARTICLE XXXIII CONTRACT
The two parties to this AGREEMENT, who are the before named CONSULTANT and the before named LOCAL AGENCY, hereby agree that this AGREEMENT constitutes the entire AGREEMENT which is made and concluded in duplicate between the two parties. Both of these parties for and in consideration of the payments to be made, conditions mentioned, and work to be performed; each agree to diligently perform in accordance with the terms and conditions of this AGREEMENT as evidenced by the signatures below.

ARTICLE XXXIV SIGNATURES
City of Montclair TKE Engineering, Inc.

By:

Javier John Dutrey, Mayor
By:

Terry Renner, Principal
Attest:

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

By: ___________________________
Diane Robbins, City Attorney
MONTCLAIR CITY COUNCIL MEETING - 06/20/2022 Page 116 of 186 Engineering Design Services Ramona Avenue at Howard Street Intersection Improvements Program (HSIP Cycle 10) Project City of Montclair
SECTION C | PROJECT DESIGN
SECTION C | PROJECT DESIGN
A. PROJECT

UNDERSTANDING
The City of Montclair (City) desires to utilize State
grant funds through the Highway Safety
Improvement Program (HSIP) to design and
construct roundabout improvements, including
refuge islands with high visibility crosswalks, ADA
improvements and upgraded lighting at the
intersection of Ramona Avenue and Howard Street
to address safety issues, including the recent
fatality at the intersection. Funding therefore must
follow guidelines as outlined in the Caltrans Local
Assistance Procedures Manual (LAPM) and Local
Assistance Procedures Guidelines (LAPG). The
intersection is in close proximity to Howard and
Ramona Elementary Schools as well as Essex Park
which will lead to high volumes of pedestrian and
vehicular traffic at peak morning and afternoon
pickup times. Ramona Avenue is a five-lane
arterial roadway with the center lane being a left
turn lane and Howard Street is a two-lane
residential/collector street with additional street
width for street parking. Analysis will be required
to determine if the roundabout will be a single lane
only, single lane with dedicated right turn lanes or
a multilane roundabout.

B . PROJECT

APPROACH
Our approach to your project, recognizing that both
schedule and budget are of primary concern,
dictates that design decisions must be made
quickly and carefully. When this is coupled with the
various constraints present, it is critical that the
City choose a consultant with a proven track record
of delivering. With a familiar team of senior level
design professionals, TKE is the right choice for this
project.

With a project of this type, our experience tells us
that there has to be a proactive approach to
completing the work. This includes early
identification of critical design elements and
accurate cost estimating throughout the entire
process, as well as familiarity with the funding
source. In preparing this proposal, our team
established key issues so we can “hit the ground
running” to make this a successful project for the
City.

CRITICAL ISSUES
TKE has extensive experience with HSIP, SR2S and
ATP State and Federally funded design
projects. TKE has prepared design for five HSIP
projects within the past five years and numerous
other SR2S and ATP projects for more than ten
different Cities throughout Southern California.

The project scope and design components for this
project include every element for several projects
in which we have recently completed or still
working on with the City’s of Fontana and
Calimesa. With our in depth understanding of
roundabout design, relationships with City Staff,
knowledge of the funding source and wide range of
experience, TKE is able to hit the ground running
for the design of the current project.

I DENTIFICATION OF C RITICAL D ESIGN

E LEMENTS
Our approach to identifying critical issues will be to
immediately go into the field and document all the
critical design elements so they can be presented
to the City. This will give us a head start on
instructing our survey team about what detailed
information to collect. Some of these elements
include key ground elevation information at the
curb returns to determine how ADA access will be
maintained and how proposed bike lanes will
transition through the roundabout.

P RIVATE I MPROVEMENTS
Private improvements such as mailboxes, fences,
walls and landscaping will be impacted by the
street improvements. TKE will identify such
impacts early during project design and will
develop an action plan for working with residents
that will be impacted. Our goal will be to complete
design that will provide ADA accessibility at the
same time as minimizing private property impacts.

U TILITY C OORDINATION
Based on field review, some utilities will require
relocation and/or adjustment for the proposed
improvements. These facilities include water
backflow, street lights and power poles. Again, we
will identify these facilities early in project design
to begin coordination at the earliest
opportunity. Agencies that maintain private
utilities can be cumbersome in getting facilities
relocated. Early coordination will prevent project
delays.

EXHIBIT A
to Agreement No. 22-67
MONTCLAIR CITY COUNCIL MEETING - 06/20/2022 Page 117 of 186 1 of 10
Engineering Design Services Ramona Avenue at Howard Street Intersection Improvements Program (HSIP Cycle 10) Project City of Montclair
SECTION C | PROJECT DESIGN

D RAINAGE
Roundabout design which minimizes impacts to the
vehicular traffic often severs connectivity of
drainage paths. TKE is familiar with methods of
capturing or collecting and bypassing drainage to
minimize drainage impacts to the design.

P AVEMENT R EHABILITATION
Review of the pavement conditions on Ramona
Avenue and Howard Street indicate the majority of
the pavement is in good condition with no need for
major rehabilitation. For areas of new pavement,
TKE will review the adjacent pavement conditions
and provide the proposed structural
section. Included with the Geotechnical services
presented in the scope of services is pavement
design. Samples will be taken of the street
subgrade for laboratory testing to determine the
correct section for street design.

R IGHT - OF - W AY
Upon determination of construction limits, TKE will
assess right-of-way needs. Based on our
preliminary research of existing right-of-way limits,
it appears that right-of-way will be required for
construction of the proposed street improvements
on 4 parcels. Right of entries or temporary
construction rights-of-way will also be needed for
private improvement restoration.

A CCURATE C OST E STIMATING
TKE understands the limits on HSIP funding.

Because of the limited budget for this project, it is
important to keep costs controlled. Our approach
to controlling costs is to provide frequent and
accurate cost estimates by using TKE’s detailed
cost estimating database. In addition to using this
database, TKE utilizes our considerable experience
with Construction Management to assist in
providing constructability reviews and cost
estimating based on current information from our
on-going projects. Finally, with the current
economic climate, construction costs are widely
varying. We will also discuss the project elements
with local contractors to assure that we have the
most current construction information available so
that the City can ensure the most value for the
public’s dollar.

F AMILIARITY WITH F UND ING S OURCE
TKE is well versed with Caltrans Local Assistance
requirements as well as the general guidelines for
implementing State funded Highway Safety
Improvement Projects. They include:
• Requesting that Caltrans furnish an
expenditure authorization number.
• Submitting allocation request and finance
letters to Caltrans Local Assistance
requesting reimbursable costs allocation
• Ensuring Caltrans prepares a Program
Supplement Agreement for City execution.

If the City does not have a “State Funds
Master Agreement” on file with Caltrans,
one will be required.
• Ensuring that the City acquires Local
Assistance approval for all required
environmental clearances (CEQA) and rightof-way needed for the project. • Ensuring that the project complies with the
requirements of the Americans with
Disabilities Act.

Processing invoices to Caltrans Local Assistance for
reimbursement.

C. SCOPE OF WORK
TKE will provide project management and design
services in three progressive phases, 60% Level
Completion, 90% Level Completion and 100%
Level Completion. TKE’s scope of services is
presented in the following paragraphs:

T ASK N O . 1 P ROJECT

M ANAGEMENT
TKE’s Project Manager will be responsible for the
entire project team. He will attend all meetings,
prepare agendas and corresponding meeting
minutes together with collection of signatures for
meeting attendees (sign-in sheets). He will meet
with the City at appropriate times and will meet as
needed with agencies, residents, property owners,
and utilities in addition to the meetings presented
below. We will also update TKE’s project budget
and schedule prior to each City meeting for
discussion with staff.

Deliverables
Agendas, Meeting Minutes, Exhibits, and Project
Progress, Schedule and TKE Budget Updates
Exhibit A MONTCLAIR CITY COUNCIL MEETING - 06/20/2022 Page 118 of 186 2 of 10 Engineering Design Services Ramona Avenue at Howard Street Intersection Improvements Program (HSIP Cycle 10) Project City of Montclair
SECTION C | PROJECT DESIGN
T ASK N O . 2 I NITIAL ‘K ICK O FF ’

M EETING
Prior to commencement of services, we propose to
meet City staff to review project obligations and to
discuss all project requirements in detail. TKE’s
Project Manager and Project Engineer will attend
the meeting to determine project protocol, design
requirements, grant requirements and obtain City
record drawings.

Deliverables
Agenda, Minutes, and Distribution to all Entities
T ASK N O . 3 R ECORDS R ESEARCH
We will thoroughly research existing utility records
and acquire copies of all available records. The
purpose of the records research is to assemble
survey records to establish locations of street
centerlines, street rights-of-way, and easements
and determine locations of all existing utilities and
improvements. The research will consist of
assembling copies of assessors’ maps, tract maps,
parcel maps, easement documents, monument
ties, benchmark data, corner records, street and
storm drain improvement plans, and utility
drawings. We will request the City provide copies
of available pertinent City records, such as survey
ties, benchmarks, and street, sewer and storm
drain improvement plans.

We will notify Underground Service Alert to acquire
a complete list of underground utility
purveyors. The utility drawings will include
existing drawings from the City, and drawings
and/or atlas maps from all private utility
companies, and/or agencies. We will confer and
coordinate with the following agencies as well as
any additional agencies listed in the Underground
Service Alert:
• Monte Vista Water District
• Verizon Telephone
• AT&T and PacBell
• Sprint
• Southern California Gas Co.
• Southern California Edison
• Time Warner Cable Television
We will send first utility notice letters to all listed utility companies and agencies requesting their
data. We will maintain copies of the letters and
correspondence for future reference. We shall also
provide the City with a complete copy of all
correspondence with all utility companies.

Deliverables
Record Data and Utility Information
T ASK N O . 4 D ESIGN S URVEY
TKE will conduct a conventional design survey of
the project area due to the level of detail needed
for precise grading design. Our field survey crews
will collect appropriate detail as required to prepare
a topographic map for the entire reach of Ramona
Avenue and Howard Street. The topographic map
shall be a minimum of 120-feet wide and shall
extend 100-feet beyond end of centerline. In
addition, we will collect 50-foot cross sections with
shots extending to right-of-way and 25-feet
beyond right-of-way on each side where
possible. Survey data will include visible grade
breaks, trees over 2-inches in diameter, buildings,
walkways, sidewalks, driveways, curbs, gutters,
cross gutters, fire hydrants, water valves,
manholes, water meters, signs, street lights, power
poles, fences, structure, and all other visible
features. In addition, we will survey the existing
height of overhead wires near the traffic signal
modification improvements.

Our crews will set 100-foot stationing along street
centerlines and collect existing topography as
needed to provide sufficient level of detail for
precise design. The crew will also measure invert,
top of cone and rim elevations for all existing
manholes in the project area and invert and rim
elevations for all drainage facilities. The crew will
set temporary benchmarks within the project limits
and each will be shown on the drawings.

Deliverables
Ground Topography, Utilities and Data in ASCII
Format with Description Codes
T ASK N O . 5 T OPOGRAPHIC

M AP / S URVEY C ONTROL P LAN
We will prepare a topographic map for the entire
reach of Ramona Avenue and Howard Street. The
topographic map shall be prepared in AutoCAD
format at 1”=40’ scale and shall include 1 foot
contours.

Exhibit A MONTCLAIR CITY COUNCIL MEETING - 06/20/2022 Page 119 of 186 3 of 10 Engineering Design Services Ramona Avenue at Howard Street Intersection Improvements Program (HSIP Cycle 10) Project City of Montclair
SECTION C | PROJECT DESIGN
A survey control plan shall be prepared and shall
show all existing found monumentation,
benchmarks, ties and temporary control points. All
found monumentation will include descriptions and
tie-out information.

The survey control plan will be provided to the City
in hard copy (mylar) and digital (AutoCAD and PDF)
formats.

Deliverables
Topographic Mapping
T ASK N O . 6 B ASE

C ONSTRUCTION D RAWINGS
We will prepare the base construction drawings on
24” by 36” sheets with the City’s standard title
block using AutoCAD 2021 software, at a drawing
scale of 1”=40’. The base construction drawings
will include a plan view based on the accumulated
conventional survey data. We will add the sheet
north arrow, graphic scale, existing improvements
and utilities (based on both assembled records and
field data), property lines, public and private rightof-way, easement areas, assessor parcel numbers, street centerline, street names, building locations,
water service location; sewer manhole lids and
water valve lids; cross gutters; driveways,
pedestrian ramps; traffic stripes and legends; curb
returns; details of private improvements, fences,
gates, irrigation systems, mailboxes, trees and
landscaping, and survey data to the
drawings. Once the base drawings are complete,
we will perform a careful field review to ensure all
underground facilities are shown correctly.

Deliverables
Base Construction Drawings in Plan View
T ASK N O . 7 G EOMETRIC

A LIGNMENT D ESIGN
Geometric configuration for the roundabout will
require extensive coordination between TKE and
the City to determine the preferred alignment
configuration that will balance the roundabouts
functionality and performance versus its safety and
fastest path, while considering right-way impacts.

The central island size, entry width, lane width and
entry deflection angle will require extensive
analysis to develop the appropriate dimensions for
each to meet City goals and provide a functional
and safe roundabout. Using the topographic and
base mapping, TKE will prepare the roundabout
geometric alignment to be used for analyzing the
proposed speeds through the roundabout,
inscribed circle diameter, entry width, circulatory
roadway width, central island, entry and exit
curves, splitter islands and pedestrian crossing
treatments, fastest path review versus operational
functionality for the design vehicle, stopping sight
distance, intersection sight distance and nonmotorized design users. The geometric analysis will follow the Federal Highway Administration design
guidelines for roundabouts. Upon completion of the
alignment design, TKE will present the information
to the City for approval.

In addition, we will prepare preliminary
construction drawings showing proposed street
improvements. Proposed improvements will be
designed in accordance with the City’s current
street design standards and specifications for
ultimate street widening. Of note, with the
incorporation of roundabouts, the standard
ultimate street half width is typically not required.

We will include proposed curb, sidewalk, driveway
and ramp locations to assess right-of-way
requirements. We will show the typical street
section incorporating existing utility and
improvement locations, existing drainage
improvements, existing right-of-way, proposed
right-of-way requirements at each intersection,
and right-of-way exhibit.

We will prepare quantity estimates for all proposed
improvements. In addition, we will prepare a
preliminary construction cost estimate using an
Excel spreadsheet. Descriptions of work, unit
prices, and quantities will be included in the
spreadsheet.

Deliverables
Geometric Alignment Exhibit in Plan View and
Preliminary Estimate
T ASK N O . 8 G EOTECHNICAL

I NVESTIGATION
We would propose to retain Aragón Geotechnical,
Inc. (AGI) as a subconsultant to provide
geotechnical services for the project. AGI will
provide geotechnical evaluations and
recommendations for pavement design and other
geotechnical considerations for the project. They
will perform the following:

Exhibit A MONTCLAIR CITY COUNCIL MEETING - 06/20/2022 Page 120 of 186 4 of 10 Engineering Design Services Ramona Avenue at Howard Street Intersection Improvements Program (HSIP Cycle 10) Project City of Montclair
SECTION C | PROJECT DESIGN
• Drilling, sampling and logging of necessary
borings for evaluation of street structural
section. AGI will notify Underground Service
Alert and will provide necessary traffic control
for the field operations. The borings will be
drilled to a depth of at least five feet. The
asphalt pavement thickness and base thickness
will be noted during the boring operations.
• Design of pavement structural section using
City provided traffic indices. The pavement will
be designed for the larger of the two indices
plus one point.
• Laboratory testing of representative soil
samples to evaluate in-situ moisture content,
density tests, max density and optimum tests,
sieve analysis, R-value, direct shear tests,
consolidation and collapse tests and percolation
test of the on-site soils.
• Data compilation and geotechnical analysis of
existing geotechnical maps, reports, and field
and laboratory data to provide
recommendations for pavement
design. Analysis will include recommendations
for new pavement section alternatives, based
on the traffic indices and R-value testing.
• Preparation of a report presenting their
findings, conclusions and recommendations
pertaining to design, compaction requirements,
and subgrade preparation for each street. In
addition, the report will provide
recommendations for asphalt pavement
recycling and other recommendations for
rehabilitative repair strategies. The report will
include a scale plan showing locations and
identifications of all borings and other
geotechnical information.

Deliverables
Geotechnical Report and Field Log Data
T ASK N O . 9 C OMPOSITE U TILITY
P LAN
TKE will prepare a composite utility plan which
identifies all existing utilities within the proposed
right-of-way and all utilities affected by the
proposed street and traffic signal improvements
and requiring relocation. The plan shall show all
above and below ground utilities including all
laterals. The utility plan will be for City use in
coordinating with utility companies.

Deliverables
Composite Utility Plan
T ASK N O . 10 60% D ESIGN
60% Design will include preparation geometric
roadway improvement exhibits, preliminary
construction drawings, preliminary technical
specifications, preliminary construction estimates,
and completed geotechnical report.

Construction drawings will show proposed street
and intersection geometrics including locations of
proposed curb, drive approaches, sidewalk, center
island, refuge islands, swales, ramps, spandrels
and cross gutters. In addition, street grades will
be prepared to establish project grading
requirements. Proposed improvements will be
designed in accordance with the City’s current
street and drainage design standards and
specifications for ultimate street widening. The
proposed improvements will be designed to
minimize grading, earthwork and transitions onto
private property.

For the drawings, it is estimated we will prepare 1
title sheet, 1 construction note sheet, 2 demolition
sheets, 4 plan/profile sheets, 2 drainage sheets, 1
cross-section sheet, 4 landscape and irrigation
sheets, 1 street lighting sheets, 3 electrical sheets,
2 signing and striping sheets, and necessary detail
sheets.

The title sheet shall include the title of the job, a
vicinity map showing the City in relationship to
surrounding communities, a location map showing
the project limits, construction notes, an index for
the drawings, list of references on the City’s
standard title block.

The construction note sheets will show general
construction notes, a list of abbreviations used,
benchmark data, general notes, utilities with phone
numbers, and project specific requirements.

The demolition sheets will show existing
improvement demolition including limits of
pavement removal, saw cutting locations and limits
and concrete cross gutters and curbs, if required.

In addition, the plan will specify relocation of
private improvement such as mailboxes fences,
etc. as required.

Plan/profile sheets will show proposed
improvements including curb and gutter,
roundabout median curbs, sidewalks, handicap
Exhibit A MONTCLAIR CITY COUNCIL MEETING - 06/20/2022 Page 121 of 186 5 of 10 Engineering Design Services Ramona Avenue at Howard Street Intersection Improvements Program (HSIP Cycle 10) Project City of Montclair
SECTION C | PROJECT DESIGN
ramps, driveways, pavement limits, storm drain
pipe, manholes, catch basins, overlay limits, signs,
traffic stripes, existing utility relocations (if any), water service relocations, and sewer manhole,
valve, and vault cover grade adjustments. For the
profile portion of the drawings, we will show
existing and proposed pavement elevations at
centerline and existing edge of pavement on both
sides of the streets with appropriate design data
together with proposed top of curb elevations.

The drainage sheets will be prepared in accordance
with City standards and requirements. The sheet
will be prepared at a 1”=20’ scale and will show
existing right-of-way, curb, gutter, sidewalk,
existing utilities, existing right-of-way, curb,
gutter, sidewalk, existing utilities, existing
drainage improvements and all proposed
improvements including catch basins, pipe and
connections. Storm drain sheets will show top of
pipe, flowline, structures utility crossings and
ground surface.

The street cross-sections sheets will show street
sections at appropriate drawing scales. The
sections will be dimensioned and construction and
demolition notes will be shown. In addition, rightsof-way and limits of work will be shown.

Landscape and irrigation sheets will include design
for the landscaping within the proposed
roundabouts. The sheets will include the point of
connection, irrigation layout and planting materials
to be installed and shall be in conformance with
City standards, specifications, ordinances,
regulations and requirements.

Street lighting sheets will be prepared in
accordance with City standards and requirements.

The sheets will be prepared at a 1”=20’ scale and
will show existing right-of-way, curb, gutter,
sidewalk, existing utilities, existing right-of-way,
curb, gutter, sidewalk, existing utilities, existing
and proposed street light improvements and all
proposed modifications including conduit extension
and head replacements.

The electrical sheets will include design for
decorative lighting at each roundabout
intersection, including splitter islands to
accommodate pedestrian warning lighting. The
sheets will be prepared at a 1”=20’ scale and will
show existing right-of-way, curb, gutter, sidewalk,
existing utilities, existing right-of-way, curb,
gutter, sidewalk, existing utilities, existing and
proposed electrical improvements and connections.

The signing and striping sheets will include all
required pavement markings, lane stripes and
signage in accordance with the MUTCD, California
supplement and all other applicable City
requirements, for the project limits. The sheets will
be prepared at 1”=40’ scale and include full
geometrical layouts at each intersection.

For the specifications, we will amend the City
Standards Technical Provisions as required for the
projects. The construction specifications will be
prepared in Microsoft Word (2016 Version) format
in accordance with City standards.

In addition, we will prepare quantity estimates for
all proposed improvements prepared using an
excel spreadsheet showing an itemized
construction cost breakdown. Descriptions of
work, unit prices, and quantities will be included in
the spreadsheet.
60% Design (construction drawings, technical
specifications, construction estimates, completed
geotechnical report, environmental documents and
right-of-way documents and approvals) will be
submitted with a project summary memorandum
together with an updated project schedule, utility
contact matrix, stakeholder meeting summary, and
internal plan review documentation.

Deliverables
60% Design Sheets
A SK N O . 11 C OORDINATION

W ITH A GENCIES / U TILITIES
After 60% design is complete, plans will be sent to
agencies having facilities in the project areas
requesting that they verify their facilities are shown
correctly and that they furnish any construction
requirements they desire. We will highlight each
agency’s facilities and advise each of potential
conflicts and relocation requirements. We will
request that they respond within two weeks and we
will follow up with telephone calls to confirm all
agency requirements have been incorporated. We
will document all conferences with utilities and
agencies and copy the City via e-mail.

Deliverables
Utility Coordination Matrix
Exhibit A MONTCLAIR CITY COUNCIL MEETING - 06/20/2022 Page 122 of 186 6 of 10 Engineering Design Services Ramona Avenue at Howard Street Intersection Improvements Program (HSIP Cycle 10) Project City of Montclair
SECTION C | PROJECT DESIGN
T ASK N O . 12 60% D ESIGN

R EVIEW M EETINGS
After the City has completed its review, we will
meet with City staff to acquire Staff’s comments for
preparation of revised plans, specifications and
estimates. It is anticipated that the City will be
involved in the 60% plan check process and
subsequent 60% design review meeting.

Deliverables
Meeting Agenda, Minutes and Final Design
Approval
T ASK N O . 13 R IGHT - O F -
W AY
We will prepare all necessary final right-of-way
documents for the project including permanent and
temporary construction right-of-way. We will
prepare legal descriptions and plats for each parcel
requiring acquisition. The City will provide
appraisal reports and negotiate the
acquisition. We will maintain a right-of-way
acquisition map and will update it as right-of-way
progress. Each will be prepared in accordance with
the City requirements. For this project we have
assumed 4 right-of-way acquisitions will be
required.

Deliverables
Legals and Plats
T ASK N O . 14 90% D ESIGN
90% design will include incorporation of City
comments, final street and roundabout, drainage,
lighting and signing and striping plans.

We will verify that the project will comply with ADA
design requirements and that adequate drainage
will be achieved.
90% Design will be submitted with a project
summary memorandum together with updated
project specifications and estimates.

Deliverables
90% Design Sheets
T ASK N O . 15 F INAL

C OORDINATION W ITH A GENCIES /

U TILITIES
After the final drawings are approved by the City,
we will again submit them to all agencies/utilities
having underground facilities in the project area
requesting that they verify their facilities are shown
correctly and we will advise them of the project
construction schedule and relocation
requirements. In addition, we will coordinate final
relocation construction prior to project bidding. We
will document all meetings and conferences with
utilities and agencies.

Deliverables
Utility Coordination Matrix
T ASK N O . 16 90% D ESIGN

R EVIEW M EETINGS
After the City has completed its review, we will
meet with City staff to acquire Staff’s comments for
preparation of revised plans, specifications and
estimates.

Deliverables
Meeting Agenda, Minutes and Final Design
Approval
T ASK N O . 17 100% D ESIGN
100% design will include incorporation of City
comments, final plans, specifications, and
estimates, ready for public bidding. Final
documents will include mylars and hard copy
specifications with signatures and electronic copies
of final documents.
100% Design will be submitted with a project
summary memorandum together with an updated
project schedule, additional stakeholder meeting
summary, and internal plan review
documentation.

Deliverables
One (1) Full-Size Mylar of 100% Drawings; Hard
Copy of Specifications and Estimate, Electronic
Files of Final Plans, Specifications and Estimate
Exhibit A MONTCLAIR CITY COUNCIL MEETING - 06/20/2022 Page 123 of 186 7 of 10 Engineering Design Services Ramona Avenue at Howard Street Intersection Improvements Program (HSIP Cycle 10) Project City of Montclair
SECTION C | PROJECT DESIGN
T ASK N O . 1 8 B IDDING

A SSISTANCE
TKE will assist the City during project bidding by
attending pre-bid meeting, answering questions
about or provide clarifications of the contract
documents as requested by the City, and will
prepare addenda if necessary.

Deliverables
Response to RFI’s, Addenda Preparation and Bid
Analysis Recommendations
T ASK N O . 19 A SSISTANCE

D URING C ONSTRUCTION
TKE shall attend the preconstruction meeting and
upon receipt of redlined drawings, TKE will prepare
a complete set of signed and stamped record
drawings, which will reflect the improvements as
constructed; any changes made during project
construction. Said record drawings will be based
on data furnished by the public agencies, the
contractor, and the City.

Deliverables
Response to RFI’s, Shop Drawing Submittals, and
As-Built Preparation
Exhibit A MONTCLAIR CITY COUNCIL MEETING - 06/20/2022 Page 124 of 186 8 of 10 Engineering Design Services
City of Montclair
SECTION D | PROJECT SCHEDULING
SECTION D | PROJECT SCHEDULING
Exhibit A
MONTCLAIR CITY COUNCIL MEETING - 06/20/2022 Page 125 of 186 9 of 10 Engineering Design Services Ramona Avenue at Howard Street Intersection Improvements Program (HSIP Cycle 10) Project City of Montclair
SECTION E | RESOURCE REQUIREMENTS
SECTION E | RESOURCE REQUIREMENTS
Exhibit A
MONTCLAIR CITY COUNCIL MEETING - 06/20/2022 Page 126 of 186 10 of 10 Subconsultants Total
Task No. Task Hours $ Hours $ Hours $ Hours $ Hours $ Hours $ $ $ Schedule I

1. Project Management 4 700 $ 16 2,640$ 16 2,480$ -$ 24 2,040$ -$ 7,860$

2. Initial "Kick Off" Meeting - $ 4 660$ 4 620 $ -$ 2 170$ -$ 1,450$

3. Records Research - $ 2 330$ 2 310$ 8 1,080$ 8 680$ -$ 2,400$

4. Design Surveying 2 350 $ 2 330$ 2 310$ -$ -$ 20 4,800$ 5,790$ 5. Topographic Map/Survey Control Plan 2 350 $ 2 330$ 4 620$ 4 540$ - $ -$ 1,840$

6. Base Construction Drawings - $ 4 660$ 4 620$ 32 4,320$ -$ -$ 5,600$

7. Geometric Alignment Design 4 700 $ 8 1,320$ 16 2,480$ 64 8,640$ -$ -$ 13,140$ 8. Geotechnical Investigation 2.) 2 350 $ 2 330$ 2 310$ -$ 2 170$ -$ 5,890 $ 7,050$

9. Composite Utility Plan 2 350 $ 2 330$ 4 620$ 16 2,160$ -$ -$ 3,460$

10. 60% Design 8 1,400 $ 16 2,640$ 48 7,440$ 80 10,800 $ 24 2,040 $ -$ 24,320$

11. Coordination with Agencies/Utilities 2 350 $ 8 1,320$ 24 3,720$ 8 1,080$ 8 680$ -$ 7,150$

12. 60% Design Review Meeting - $ 4 660$ 4 620$ -$ 1 85$ -$ 1,365$

13. Right-of-Way 4 700 $ 8 1,320$ 16 2,480$ 40 5,400$ 8 680$ -$ 10,580$

14. 90% Design 4 700 $ 8 1,320$ 32 4,960$ 56 7,560$ 16 1,360$ -$ 15,900$

15. Final Coordination with Agencies/Utilities 2 350 $ 8 1,320$ 24 3,720$ 8 1,080$ 8 680$ -$ 7,150$

16. 90% Design Review Meeting - $ 4 660$ 4 620$ -$ 1 85$ -$ 1,365$

17. 100% Design 2 350 $ 4 660$ 16 2,480$ 32 4,320$ 8 680$ -$ 8,490$

18. Bidding Assistance 2 350 $ 2 330$ 4 620$ 8 1,080$ 4 340$ -$ 2,720 $ 19. Assistance During Construction 2 350 $ 8 1,320$ 24 3,720$ 16 2,160$ 2 170$ -$ 7,720$ Subtotal: 42 7,350 $ 112 18,480$ 250 38,750$ 372 50,220$ 116 9,860$ 20 4,800 $ 135,350 $ Reimbursables (@3%)1.): 4,061 $
Project Total: 139,411 $
Rates: Notes:

Principle in Charge 175 $ /HR 1.) Reimbursables Include Cost for Prints, Copies, Mileage, Etc.

Project Manager 165 $ /HR 2.) Subconsultant Fees for Aragon Geotechnical, Inc.

Project Engineer 155 $ /HRAssistant Engineer/Designer 135 $ /HRClerical 85 $ /HR2-Man Survey Crew 240 $ /HR TKE Engineering, Inc.

Principal in Charge
City of Montclair
Engineering Design Services for Ramona Avenue and Howard Street Intersection Improvements HSIP (State Only) Project
Fee Schedule Breakdown
Project Manager Project Engineer
Assistant
Engineer/Designer Clerical Survey Crew
Exhibit B
to Agreement No. 22-67
MONTCLAIR CITY COUNCIL MEETING - 06/20/2022 Page 127 of 186

CITY COUNCIL

AGENDA REPORT
DATE: JUNE 20, 2022
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 10
FILE I.D.: TRN240
DEPT.: CITY MGR.

PREPARER: E. STARR
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 22–68, THE SEVENTH AMENDMENT TO COOPERATIVE AGREEMENT NO. 91–065 WITH THE SAN BERNARDINO COUNTY

TRANSPORTATION AUTHORITY RELATED TO THE MANAGEMENT OF JOINTLY

OWNED PROPERTY AT THE MONTCLAIR TRANSCENTER SUBJECT TO ANY REVISIONS

DEEMED NECESSARY BY THE CITY ATTORNEY
REASON FOR CONSIDERATION: The City and the San Bernardino County Transportation Authority (SBCTA) wish to amend Agreement No. 91–65 related to certain authorities, insurance requirements and easement privileges related to the maintenance and operation of the Montclair Transcenter and real property jointly owned and operated by the City and SBCTA. The Montclair City Council is the City's approving authority for amendments to Cooperative Agreement No. 91–65 between the City and SBCTA.

A copy of Agreement No. 22–68 with SBCTA is attached for City Council review and consideration.

BACKGROUND: The City of Montclair and San Bernardino County Transportation Authority (SBCTA) jointly own and manage 1.6 acres of property at the Montclair Transcenter currently used as open space and a childcare facility. The original contract, Agreement No. 91–65, was entered into on December 16, 1992, between the Montclair Redevelopment Agency (RDA) and San Bernardino Associated Governments (SANBAG).

On January 12, 2012, the City became the successor agency to the RDA pursuant to California Health and Safety Code Section 34173.

On January 1, 2017, SBCTA became successor agency to SANBAG pursuant to California Public Utilities Code Section 130800, et. seq. — also known as the San Bernardino County Transportation Authority Consolidation Act of 2017.

The Parties (the City/RDA and SANBAG/SBCTA) have previously amended Agreement No. 91–065 on six different occasions:

1. On April 7, 1993, to provide for the establishment of a Day Care Facility on the Site;

2. On December 6, 1995, to add the City as a party to the Cooperative Agreement; to transfer certain property to the State of California in exchange for State properties; to add a new Maintenance and Reimbursement section for maintenance costs; add new Section XIV related to Indemnification; and to add new Sections XV, XVI, and XVII;

3. On August 17, 1999, to allow the RDA to be the lead agency in negotiating and administering agreements and leases for the development of the Site, and establishing the rights of the Parties in approving development for the Site and execution of leases;
MONTCLAIR CITY COUNCIL MEETING - 06/20/2022 Page 128 of 186

4. On August 7, 2002, allowing the City to be reimbursed by Authority for construction management services for a second platform;

5. On April 2, 2003, to assign to City maintenance responsibility of the northern platform extension, southern platform and landscape area; and

6. On February 7, 2007, to clarify the management responsibility of the Site; reimbursement of Transcenter security costs for a two–year period; and reimbursement of maintenance expenses for the first two years relating to the pedestrian undercrossing below the Metrolink platforms.

The Parties wish to amend Agreement No. 91–065 a seventh time, as follows (“City” is the City of Montclair, “Authority” is SBCTA, and “Site” is the subject property):

1. Article V. Section 4.06, Development of the 1.61 Acre Site is deleted in its entirety and replaced to include the following:
a. City, at its cost, shall act as lead agency in negotiating, entering into and administering agreements and leases for development of the Site. Such authority, to include, but not be limited to, screening and selection of tenants and uses; entering into or amending any Site lease; determining, collecting, depositing and disbursing rents, charges and fees; extending tenancies; commencing evictions; executing notices to vacate; and initiating judicial proceedings. Collectively, each of the preceding actions hereafter to be known as "Lease Administration Services." b. City shall provide Authority with a copy of each proposed or amended lease agreement and a written statement that the City has negotiated terms in a reasonable and good faith manner.
c. City may engage in any non–binding alternative dispute resolution process arising from the Site leases; and Authority shall be bound by any judgement entered into by a court of competent jurisdiction to the extent necessary for City to comply with the judgement. Provided, however, the City is not released from any responsibility, obligation, liability, or duty under or pursuant to the Agreement; nor does Authority waive any rights or remedies provided in the Agreement, or available to Authority pursuant to or at law or equity.
d. City may retain for its use three percent of all gross lease and other income producing agreement revenue from the Site to pay for Lease Administration Services.
e. City shall retain that portion of gross lease and other income producing agreement revenue for City's provision of security and maintenance of the Transcenter and any facilities, grounds and/or capital improvements at the Transcenter.
f. Any excess income shall be equally divided between City and Authority, and City shall provide a Authority a semi–annual reconciliation of gross lease and other income producing agreement revenue, if any, and City Lease Administration Services, and maintenance, security, and improvement–related expenses.

MONTCLAIR CITY COUNCIL MEETING - 06/20/2022 Page 129 of 186 g. City and Authority agree that if the Site is developed for parking to accommodate extension of light rail service to, and light rail platform service at, the Transcenter, public use of the Site for parking shall not be subject to provisions of Section 4.06.

2. Article VI. Section 4.08, City Provided Insurance is amended to include the following:
a. City shall obtain and maintain property insurance covering the Non– Operating property in amounts typically maintained by City for other City– owned property.
b. City shall provide Authority with an endorsement as additional insured. c. City and Authority shall reasonably cooperate in using insurance proceeds to repair insurance–covered damage; provided, however, City may be self– insured, and City shall have final say as to effecting repair of any damage to Non–Operating Property. Further provided that Authority shall not be required to contribute any money toward any repair beyond the insurance proceeds paid to Authority from City–obtained property insurance or self– insurance.
d. City shall annually reimburse Authority for fifty percent of the cost of real property insurance provided by Authority pursuant to Section 5.06 of Agreement No. 91–065, one fiscal year in the arrears.

3. Article VI. Section 4.08 SBCTA Provided Insurance is amended to include the following:
a. Authority shall obtain and maintain real property insurance covering Transcenter Station Platforms, and canopies within Authority's right–of– way, and the Pedestrian Undercrossing in amounts typically maintained by Authority for other real and personal property owned by Authority. b. Authority shall name City as additional insured on all policies. c. City and Authority shall reasonably cooperate in using insurance proceeds to repair damage to Authority's covered property.
d. Authority shall notify City of cost of insurance to be reimbursed as provided for in Section 4.08 no later than January 31 of each fiscal year, and shall invoice City for reimbursement of fifty percent of the cost of the insurance.

4. Article IX. Section 8.01 Distribution to Parties is deleted in its entirety and replaced to include the following:
a. All proceeds may accrue to the Parties and distributed to the Parties in equal shares.

5. Article XIII, Paragraph 13.06 — makes minor amendments and language corrections.

MONTCLAIR CITY COUNCIL MEETING - 06/20/2022 Page 130 of 186

6. Article XIV ─ appends the following sentence to Article XIV, Indemnification:
a. Each Party shall obtain and maintain, during the time this Agreement as amended is in effect, adequate insurance or self–insurance to cover its liability, defense and indemnification obligations in order to protect itself and the other Party.

7. Article XIX, Pedestrian Undercrossing Maintenance makes minor language change.

8. Adds Article XX, Pedestrian Undercrossing Access Rights, provides for the following:
a. For the term of Agreement No. 91–065, Authority grants City an access easement for pedestrian egress and ingress from and between the Transcenter Pedestrian Undercrossing and the public easement on the site of the Village Partners Project; i.e., Village at Montclair. The pedestrian access right is a continuation of adjoining public access easements dedicated to City, which together provide access to the Pedestrian Undercrossing across the south line of Authority's right–of–way. The easement will be open to the public during hours in which City provides security at the Transcenter. Physical access across Authority's south right– of–way must be secured against unauthorized access during times the City does not provide security at the Transcenter (via a secured gate). The easement extinguishes if the Pedestrian Undercrossing is permanently removed, the adjoining public access easements dedicated to City are extinguished, or Agreement No. 91–065 is terminated.

FISCAL IMPACT: Pursuant to Section 4.08 and Section 5.06 of proposed Amendment No. 7 to Agreement No. 91–65, the requirement for annual reimbursement of fifty percent of the cost of property insurance, to be paid by the City to SBCTA, is not expected to exceed $20,000 in the first year of the amended agreement.

RECOMMENDATION: Staff recommends the City Council approve Agreement No. 22– 68, the seventh amendment to Cooperative Agreement No. 91–065 with the San Bernardino County Transportation Authority (SBCTA) related to the management of jointly owned property at the Montclair Transcenter subject to any revisions deemed necessary by the City Attorney.

MONTCLAIR CITY COUNCIL MEETING - 06/20/2022 Page 131 of 186 Montclair Transit Center Cooperative Agreement Administrative Eden No. 22-1002787 Amendment No. 7 1
AMENDMENT NO. 7 TO
COOPERATIVE AGREEMENT 91-065

BETWEEN THE

SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
AND

THE CITY OF MONTCLAIR
This Amendment No. 7 to Cooperative Agreement No. 91-065 is hereby made and entered into and effective this 6th day of July, 2022, by and between the SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY (SBCTA) and the CITY OF MONTCLAIR (CITY) with regard to the management of jointly owned property at the Montclair Transit Center.

WHEREAS, under SANBAG Contract No. 91-065, dated December 16, 1991, SAN BERNARDINO ASSOCIATED GOVERNMENTS (SANBAG) and the CITY OF MONTCLAIR REDEVELOPMENT AGENCY (RDA) entered into an agreement (Cooperative Agreement), pursuant to which the parties agreed to purchase and develop a transit center (hereafter, the “Transcenter”) upon that certain parcel of real property of approximately 22.147 acres located within the City of Montclair; and
WHEREAS, SANBAG and RDA amended the Cooperative Agreement by the first amendment of the Cooperative Agreement on April 7, 1993, to add Paragraph 4.07, Establishment of Day Care Facility on Transcenter Site; and
WHEREAS, SANBAG and RDA amended the Cooperative Agreement by the second amendment to the Cooperative Agreement (CITY Agreement No. 95-66) on December 6, 1995, to add the CITY as a party to the Cooperative Agreement to transfer certain property to the State of California pursuant to Paragraph 4.05, Exchange for State Properties, and to add new Section XIII, Maintenance and Reimbursement for Maintenance Costs; new Section XIV, Indemnification; and new Sections XV, XVI, and XVII; and
WHEREAS, SANBAG, CITY and RDA amended the Cooperative Agreement by the third amendment to the Cooperative Agreement (CITY Agreement No. 99-70) on August 17, 1999, to allow the RDA to be the lead agency in negotiating and administering agreements and leases for the development of the plus or minus 1.61 acre site within the Transcenter retained by SANBAG and RDA for development and establishes the rights of the parties in approving development of the site and execution of leases; and
WHEREAS, SANBAG, CITY and RDA amended the Cooperative Agreement, by the fourth amendment (CITY Agreement No. 02-103) on August 7, 2002, allowing the CITY to be reimbursed by SANBAG for construction management services with the construction of a second platform in an amount not to exceed $62,500; and
MONTCLAIR CITY COUNCIL MEETING - 06/20/2022 Page 132 of 186 Montclair Transit Center Cooperative Agreement Administrative Eden No. 22-1002787 Amendment No. 7 2
WHEREAS, SANBAG, CITY and RDA amended the Cooperative Agreement by a fifth amendment (CITY Agreement No. 03-40) on April 2, 2003, to assign to CITY the maintenance responsibility of the northern platform extension, southern platform and landscape area; and WHEREAS, SANBAG, CITY and RDA amended the Cooperative Agreement by the sixth amendment (CITY Agreement No. 07-26) on February 7, 2007, to clarify the management responsibility of jointly owned property, the reimbursement of the provision of security for a twoyear period at the Transcenter, and the reimbursement of maintenance expenses for the first two years relating to the pedestrian undercrossing at the Montclair Metrolink Station; and WHEREAS, on January 12, 2012, the CITY became the successor agency to the RDA pursuant to California Health and Safety Code Section 34173; and
WHEREAS, on January 1, 2017, SBCTA became the successor agency to SANBAG pursuant to California Public Utilities Code Section 130800 et. seq., also known as the San Bernardino County Transportation Authority Consolidation Act of 2017; and WHEREAS, SBCTA and CITY (collectively PARTIES and individually PARTY) desire to further amend the aforesaid Cooperative Agreement to clarify the responsibility of the PARTIES with respect to the insurance of assets under the Cooperative Agreement and the apportionment of costs for said insurance.

NOW THEREFORE, the PARTIES hereto do mutually agree to amend the Cooperative Agreement as follows:

1. The recitals above are true and correct and are hereby incorporated herein by this reference.

2. Except as specifically amended by this Amendment No. 7, all other provisions of the Cooperative Agreement, as amended by Amendments Nos. 1 through 6 inclusive, shall remain in full force and effect.

3. All references in the Cooperative Agreement to SAN BERNARDINO ASSOCIATED GOVERNMENTS or SANBAG shall mean SAN BERNARDINO COUNTY
TRANSPORTATION AUTHORITY (SBCTA). All references in the Cooperative Agreement to CITY OF MONTCLAIR REDEVELOPMENT AGENCY or RDA shall mean CITY OF MONTCLAIR (CITY).

4. Article IV, Section 4.06 Development of the 1.61 Acre Site, is DELETED in its entirety and REPLACED as follows:

Section 4.06 Development of the 1.61 Acre Site. CITY, at its cost, is authorized to act as the lead agency on behalf of the PARTIES hereto in negotiating, entering into and administering agreements and leases for the development of the 1.61 acre site (hereafter, the “SITE”) shown as Area “A” on Exhibit “C” to Amendment No.

2. Such administration of leases includes, but is not limited to, screening and MONTCLAIR CITY COUNCIL MEETING - 06/20/2022 Page 133 of 186 Montclair Transit Center Cooperative Agreement Administrative Eden No. 22-1002787 Amendment No. 7 3
selection of tenants and uses; entering into or amending any lease for use of the SITE; determining, collecting, depositing and disbursing rents, charges, fees, and/or deposits of any other amount payable or receivable with respect to the occupancy of the SITE; extending or terminating tenancies; commencing evictions, executing notices to vacate, and initiating judicial proceedings to effect such actions (collectively, the “Lease Administration Services”). CITY shall enter into leases and perform the Lease Administration Services in a reasonable and good faith manner. CITY, prior to amending a lease or entering into a new lease, shall provide SBCTA staff with a copy of each proposed amended or new lease and a written statement that CITY has negotiated terms of each amended or new lease in a reasonable and good faith manner. CITY may engage in any non-binding alternative dispute resolution arising from leases, provided CITY provides SBCTA notice of disputes and SBCTA has the option to participate in any such dispute resolution process. SBCTA shall be bound by any judgment entered into by a court of competent jurisdiction affecting the Non-Operating Property, to the extent necessary for CITY to comply with the judgment; provided, however, that CITY acknowledges and agrees that CITY is not released or relieved of or from any responsibility, obligation, liability or duty under or pursuant to this Agreement by SBCTA’s agreement to be bound by such judgments, nor does SBCTA waive any rights or remedies provided hereunder or available pursuant to or at law or in equity.

Lastly, notwithstanding anything to the contrary elsewhere in this Agreement, CITY may retain for its use 3% of all gross lease and other income producing agreement revenue from the SITE to pay the reasonable cost of CITY’s Lease Administration Services. In addition, CITY shall retain that portion of gross lease and other income producing agreement revenue as reasonably determined necessary by CITY for CITY’s provision of security and maintenance for the Transcenter as identified in Article XIII of this Agreement and any facility, grounds, and capital improvements thereon. Any income in excess of that which is required, as reasonably determined by CITY, for reasonable Lease Administration Services and as needed for Transcenter maintenance and security costs and facility, grounds, and/or capital improvements, shall be equally divided between the CITY and SBCTA. CITY shall provide SBCTA a semi-annual reconciliation of gross lease and other income producing agreement revenue, if any, CITY Lease Administration Services, and CITY’s Transcenter maintenance, security and improvement-related expenses including facility, grounds, and/or capital improvements. Notwithstanding the provisions of this section, CITY and SBCTA agree that if SITE is developed as a parking field to accommodate extension of light rail service to, and light rail platform service at, the Transcenter, CITY and SBCTA mutually agree that public use of the SITE for public parking shall not be subject to the provisions of this Section.

5. ADD Article VI, Section 4.08 CITY Provided Insurance:

Section 4.08 CITY Provided Insurance. CITY shall obtain and maintain property insurance covering the Non-Operating Property shown as Area “A” on Exhibit “C”.

Such insurance must be in such types and amounts as are or should be reasonably and typically maintained from time to time by CITY for other property owned by MONTCLAIR CITY COUNCIL MEETING - 06/20/2022 Page 134 of 186 Montclair Transit Center Cooperative Agreement Administrative Eden No. 22-1002787 Amendment No. 7 4
CITY, provided that, in any event, CITY shall provide SBCTA with an endorsement naming SBCTA as an additional insured. In the event of any damage to the Non-Operating Property, CITY and SBCTA shall reasonably cooperate with each other in obtaining and using proceeds of such insurance to repair such damage; provided, however, CITY may be self-insured up to the limits of its self-insured retention fund, and CITY shall have final say as to effecting repair of any damage to Non-Operating Property; provided, however, that in no case shall SBCTA be required to contribute any money toward said repair beyond insurance proceeds paid to SBCTA from such CITY obtained and maintained property insurance or self-insurance described in this Section 4.08. CITY shall annually reimburse SBCTA for fifty percent (50%) of the cost of property insurance provided by SBCTA under Section 5.06 one fiscal year in the arrears.

6. ADD Article V, Section 5.06 SBCTA Provided Insurance:

Section 5.06 SBCTA Provided Insurance. SBCTA shall obtain and maintain real property insurance covering the Station Platforms, the canopies within SBCTA right-of-way, and the Pedestrian Undercrossing in amounts as are or should be reasonably and typically maintained from time to time by SBCTA for other real and personal property owned by SBCTA, provided that SBCTA shall provide CITY with an endorsement naming CITY as an additional insured on all such policies. In the event of any damage to the Station Platforms or canopies, CITY and SBCTA shall reasonably cooperate with each other in obtaining and using the proceeds of such insurance to repair such damage. Each fiscal year SBCTA shall notify CITY of the cost of insurance described in this Section 5.06 in the then current fiscal year no later than January 31st of each fiscal year, and shall invoice CITY for reimbursement of fifty percent (50%) of the cost of the insurance provided under this Section 5.06.

7. Article IX, Section 8.01 Distribution to Parties is DELETED in its entirety and REPLACED as follows:

Section 8.01 Distribution to Parties. All proceeds that may accrue to the PARTIES under this Agreement shall be distributed to the PARTIES hereto in equal shares.

8. Article XIII, Paragraph 13.06 DELETE the instance of “fifteen (15)” and REPLACE with “thirty (30)”; DELETE the word “insuring” and REPLACE it with “ensuring”; DELETE the word “insure” and REPLACE it with “ensure”.

9. APPEND the following sentence to Article XIV, INDEMNIFICATION:

Each PARTY shall obtain and maintain, during the time this Agreement as amended is in effect, adequate insurance or self-insurance to cover its liability, MONTCLAIR CITY COUNCIL MEETING - 06/20/2022 Page 135 of 186 Montclair Transit Center Cooperative Agreement Administrative Eden No. 22-1002787 Amendment No. 7 5
defense and indemnification obligations in order to protect itself and the other PARTY.

10. Article XIX, Pedestrian Undercrossing Maintenance, DELETE the word “insure” and REPLACE it with “ensure”.

11. ADD Article XX, Pedestrian Undercrossing Access Rights:

For the term of this Agreement, SBCTA shall grant to CITY an access easement for pedestrian egress and ingress from Lot 107 of the College Heights Tract, recorded in Book 17 of Maps, Pages 77 and 78, records of San Bernardino County, California, subject to the provisions of this Article. This pedestrian access right is a continuation of adjoining public access easements dedicated to CITY on Tract Map No. 20273, which together provide access to the Pedestrian Undercrossing across the south line of SBCTA’s right of way. The easement to be granted will be open to the general public during the hours which CITY provides security at the Transcenter. Physical access across SBCTA’s south right of way line pursuant to the easement for pedestrian access must be secured against unauthorized access during the times which CITY does not provide security at the Transcenter. The easement will extinguish if the Pedestrian Undercrossing is permanently removed, the adjoining public access easements dedicated to CITY on Tract Map No. 20273 are extinguished, or this Agreement is terminated.
[Signatures on the following page.]
MONTCLAIR CITY COUNCIL MEETING - 06/20/2022 Page 136 of 186 Montclair Transit Center Cooperative Agreement Administrative Eden No. 22-1002787 Amendment No. 7 6
IN WITNESS WHEREOF, the authorized PARTIES have signed below;

SAN BERNARDINO COUNTY

TRANSPORTATION AUTHORITY
By: ___________________________
Art Bishop
Board President

Date:

CITY OF MONTCLAIR
By: ___________________________
Javier John Dutrey
Mayor
Date:

APPROVED AS TO FORM
By: ___________________________
Julianna K. Tillquist
SBCTA General Counsel
Date:

ATTEST
By: ___________________________
Andrea M. Myrick
City Clerk
Date:

APPROVED AS TO FORM
By: ___________________________
Diane E. Robbins
City Attorney
Date:

MONTCLAIR CITY COUNCIL MEETING - 06/20/2022 Page 137 of 186

CITY COUNCIL

AGENDA REPORT
DATE: JUNE 20, 2022
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 11
FILE I.D.: TRC600
DEPT.: PUBLIC WORKS
PREPARER: M. HEREDIA
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 22–69 WITH MCCAIN TO UPGRADE THE

CENTRAL MANAGEMENT SOFTWARE FOR TRAFFIC SIGNAL OPERATIONS SUBJECT TO

ANY REVISIONS DEEMED NECESSARY BY THE CITY ATTORNEY
REASON FOR CONSIDERATION: The City has been a long-standing user of McCain’s QuicNet Pro software as its centralized traffic management system. This system fully supported the City’s field traffic controller and software. However, QuicNet Pro has reached the end of its development life cycle, and there is a need for the City to migrate to a newer central management system. McCain is proposing Transparity TMS. This new system, developed in 2013, is currently being used by over 100 agencies, including neighboring Southern California agencies of Azusa, Downey, Pasadena, and Menifee, among others.

The City Council is requested to consider approval of Agreement No. 22–69 with McCain to upgrade the central management software for traffic signal operations. McCain has provided a quote for the upgrade, which is attached for City Council’s review. Once the contract is received, the City Attorney will review prior to the City’s signature.

BACKGROUND: QuicNet Pro is a software that has met the needs of hundreds of agencies for several decades. However, the architecture and programming language of QuicNet Pro is outdated. Built on a code that is more than 20 years old, QuicNet Pro is not compatible with the platforms that the newest operating systems are built on. While McCain still provides some basic technical support for QuicNet Pro, McCain does not offer any engineering support, meaning bug fixes and feature updates will no longer be provided.

QuicNet Pro was developed to explicitly communicate with legacy traffic controllers, which utilized a proprietary communication protocol (QuicComm). As the National Transportation Communications for Intelligent Transportation Systems Protocol (NTCIP) became more widely adopted by the Transportation industry, QuicNet Pro is not equipped to support NTCIP as the software platform does not have the capacity for additional device communication protocols.

Transparity is a .NET service-oriented software platform designed to meet the existing and emerging needs of the transportation industry. The architecture of Transparity is completely modernized and web-ready, providing immeasurable benefits in productivity, new device and software integration, and usability. With this architecture in place, Transparity has a built-in guard against becoming obsolete.

As new interfaces relating to web, mobile applications, and third-party software integrations emerge, the services of Transparity are ready to supply the data necessary to populate such interfaces. Transparity was designed from its inception to support NTCIP protocols between center-to-field devices and center-to-center applications. At the MONTCLAIR CITY COUNCIL MEETING - 06/20/2022 Page 138 of 186 same time, Transparity also supports the legacy QuicComm protocol, providing agencies with a migration path from legacy field devices to modern traffic controllers.

McCain is the sole provider of Transparity, which is fully compatible with the City’s existing 170 traffic controller hardware and 233 local software. The older 200 local software can also be compatible with a simple chip swap. An advantage of sole-sourcing the Transparity software is reducing costs by not having to replace the current traffic controllers. As an existing QuicNet Pro user, the City can reuse the timing databases and graphics and automatically migrate the system configuration to Transparity.

This results in further cost and time savings for the City as there is no need to recreate any of these essential central system objects manually. Transparity can also utilize the existing communications equipment and connections that QuicNet Pro uses. Again, this saves the City from added costs by reducing the system “downtime.” Finally, McCain’s history of working with the City provides an intimate familiarity of the City’s traffic system needs that cannot be replicated by any other provider.

FISCAL IMPACT: McCain Inc. quote to update to Transparity is $64,275. Funds in the amount of $65,000 were included in the Fiscal Year 2021-22 budget for this software update.

RECOMMENDATION: Staff recommends that the City Council approve Agreement No. 22–69 with McCain to upgrade the central management software for traffic signal operations subject to any revisions deemed necessary by the City Attorney.

MONTCLAIR CITY COUNCIL MEETING - 06/20/2022 Page 139 of 186 June 14, 2022
From: Ray Laigo
McCain, Inc.
2365 Oak Ridge Way
Vista, CA 92081
Attn: Monica Heredia, P.E.

Public Works Director/City Engineer - City of Montclair 5111 Benito Street
Montclair, CA 91763
Reference: Quote #RL061422 - Montclair, CA - Transparity TMS Upgrade Dear Ms. Heredia
McCain is pleased to provide this quotation on the following item(s):

Item # Qty Unit Description Unit Cost Ext. Cost
1 1 EA Transparity Server - DELL R640 $15,000.00 $15,000.00 2 1 Lump (ES-TMS-50) Transparity TMS with 50 licenses - discounted pricing $30,000.00 $30,000.00 3 1 Lump Remote installation and configuration $1,200.00 $1,200.00 4 1 Lump Database creation and system map configuration for up to 50 locations.

NOTE: Agency will use existing backgrounds from QuicNet or default backgrounds (default may not show proper intersection configuration) $1,500.00 $1,500.00
5 1 Lump Field support for upgrades to 200CA at 22 locations (McCain provides free software upgrades and PROM chips) $5,600.00 $5,600.00 6 1 Day Onsite Transparity TMS Training - at City of Montclair facility (see scope note 3) $2,400.00 $2,400.00 7 1 Day Onsite Acceptance Test - at City of Montclair facility (see scope note 3) $2,400.00 $2,400.00 8 1 Yr 1-Yr. Software Maintenance Agreement for a system with up to 50 locations (see scope note 4) $7,325.00 $7,325.00 Total $65,425.00
To be paid according to the following Billing Schedule/Milestones Billable Amount Receipt of Transparity server $15,000.00
Completion of Transparity TMS installation, database creation, and system map configuration for up to 50 locations $32,700.00 Completion of field support for upgrades to 200CA at 22 locations $5,600.00 Completion of Onsite Transparity Training - sign-off from customer $2,400.00 Completion of Onsite Acceptance Test - sign-off from customer. This also marks project completion and start of 1-yr. maintenance period $9,725.00 Scope Notes:

1. All labor is remote unless indicated otherwise. VPN or internet access is required to provide remote support. Prior to upgrade - City must provide an inventory of currently deployed local controller and software.

3. Training and testing will be onsite by McCain ITS Project Engineer. McCain requires 4-8 weeks advance notice for onsite work.

Quote Notes:

1. Discounted pricing only available through sole-source purchase . Additional licenses at $1,000/ea. All prices are in US Dollars. All payments to be made in US Dollars.

2. Purchase order (PO) must match line items in quote.

3. Prices are firm for 30 days. Tax and freight are not included.

4. All software available through remote download only.

5. Sale is subject to McCain's standard terms and conditions.

Quotation prepared by:

Ray Laigo
ITS Project Manager
McCain, Inc.
cc: Lori Tackett, Senior Project Manager, McCain Inc.
cc: Bob Ung, Director of ITS Solutions, McCain Inc.

Central System Software (see scope notes 1 & 2)

4. Maintenance agreement covers a total of ten (10) hours that include telephone, email, or remote support and two (2) remote maintenance sessions each year.

Maintenance cost is for a standard TMS implementation with up to 50 locations. NOTE: As locations increase or more functionality is required e.g. C2C, CV, cost is subject to increase.

The information contained in this document is intended for the person or entity to which it is addressed and may contain confidential and/or legally privileged material. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited. If you received this in error, please contact the sender and delete the material from any computer.

Training, Testing, and Maintenance

2. Customer is responsible for ensuring that communications and detection is operational and for providing the network scheme, as applicable. Does not include field installation or timing conversion support.

QUOTE
Exhibit to Agreement No. 22-69
MONTCLAIR CITY COUNCIL MEETING - 06/20/2022 Page 140 of 186

CITY COUNCIL

AGENDA REPORT
DATE: JUNE 20, 2022
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 12
FILE I.D.: ADM810
DEPT.: ECONOMIC DEV.

PREPARER: M. FUENTES
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 22–70 WITH PIVOTAL STRATEGIES LLC

FOR COMMUNITY EDUCATION AND OUTREACH SERVICES RELATED TO A PROPOSED

BALLOT MEASURE TO ESTABLISH A COMMERCIAL CANNABIS TAX SUBJECT TO ANY

REVISIONS DEEMED NECESSARY BY THE CITY ATTORNEY
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 22–70 with Pivotal Strategies (formerly Cerrell) for community education and outreach services related to a potential proposed ballot measure to establish a commercial cannabis tax subject to any revisions deemed necessary by the City Attorney.

The City Council approves all agreements for professional services. A copy of proposed Agreement No. 22–70 with Pivotal Strategies is attached for the City Council’s review and consideration.

BACKGROUND: In 2019, the City Council conducted a series of special meetings regarding compliance with Proposition 64 (Adult Use of Marijuana Act, or “AUMA”) and the potential for a series of draft ordinances, collectively known as the Medicinal and Adult–Use Cannabis Regulation and Safety Law (MAUCRSL) regulating commercial cannabis activities in the City of Montclair. The special meetings were conducted to present the City Council with concepts contained in the draft ordinances and to determine if the City Council desired to proceed with public hearings and possible adoption of said ordinances.

At the conclusion of the special meetings, the City Council elected to table the draft ordinances in order to further evaluate the regulation of commercial cannabis activities in the City of Montclair given the nascent nature of the cannabis industry in the state.

Since the series of special meetings, staff has continued to monitor the regulation and evolution of the commercial cannabis industry at both the state and local levels, paying close attention to local agencies that have chosen to allow commercial cannabis activities to occur in their jurisdictions.

Public Opinion Survey — FM3
At the March 7, 2022 City Council meeting, the City Council approved Agreement No. 22–15 with Fairbank, Maslin, Maullin, Metz and Associates (FM3) to conduct a public opinion survey focusing on cannabis–related issues including the viability of a commercial cannabis tax measure to be placed on the November 2022 ballot. FM3 is scheduled to present their findings of the public opinion survey at a City Council Workshop tentatively scheduled to be held on Monday, July 18, 2022.

In preparing for a possible commercial cannabis tax measure to be placed on the November 2022 ballot, staff was directed by the City Council to prepare all necessary documents pending City Council approval, and to hire a firm to conduct community education and outreach services.

In order to conduct community education and outreach services related to a proposed commercial cannabis tax measure, staff is recommending that the City contract with Pivotal Strategies LLC for community education and outreach services.

MONTCLAIR CITY COUNCIL MEETING - 06/20/2022 Page 141 of 186 Community Education and Outreach Services
Community education and outreach is considered essential to the successful presentation of any tax measure to members of the public.

City of Montclair officials (elective and appointed officials and employees) are prohibited by state law from preparing or distributing materials in support of or opposition to a ballot initiative during working hours. However, City officials can prepare and distribute to citizens neutral fact sheets concerning the fiscal impact of a tax measure on agency revenues and possible impacts on expenditures. This effort can include the use of staff time to research the impact of a ballot measure for the purpose of gathering facts, and the use of third party consultants to advise and direct on an education effort.

Local governments can make an objective and fair presentation of facts as a normal and regular part of conducting local government affairs. Information may be distributed by using normal methods of communication, including newsletters, utility bill inserts, and other ways used to communicate with citizens.

The City Council, as the local governing body, may pass a resolution in support or opposition of a ballot proposition or measure at an open public meeting. Any required notice must include the title and number of the ballot measure, and members of the legislative body and public who hold an opposing view must be given an equal opportunity to express their views at the public meeting. For example, an elected official may make a statement of support or opposition; however, this exception does not extend to appointed officials or employees while on duty.

Members of the governing body may separately communicate opposition or support of a ballot measure, for example, as in a letter to the editor of a local newspaper of general circulation; however, there should be no implication in the letter that the writer is expressing an official position on behalf of the public agency.

City staff contacted several cities throughout the state that have recently passed commercial cannabis tax measures including the cities of Banning, Costa Mesa, Covina, El Monte, Hemet, Jurupa Valley, Moreno Valley, Oceanside, Pomona, Santa Ana, Santa Clara, Simi Valley, and West Hollywood in order to understand how those cities provided education and outreach services related to their respective commercial cannabis tax measures. Many of those cities noted that they used Pivotal Strategies for community education and outreach services pertaining to their proposed commercial cannabis tax measures. As a result, staff requested and obtained a quote from Pivotal Strategies for community education and outreach services.

Pivotal Strategies provided three different levels of service — Standard, Enhanced, and Premium. After reviewing the three levels of service, staff is recommending using the Standard level of service with two direct mailings both in English and in Spanish. The quote provided for these services would total $40,550.

It should be noted that the City of Montclair has utilized the services of Pivotal Strategies (formerly Cerrell) for community education and outreach services in 2020 (Agreement No. 20–50) related to Measure L on the November 2020 ballot.

After careful consideration, staff has elected to use the services of Pivotal Strategies based on cost, familiarity with the City of Montclair, feedback from various other local government agencies who have utilized the services of Pivotal Strategies, and prior services provided to the City of Montclair. Staff is also recommending a $10,000 contingency for additional services that may arise during the community education and outreach program.

MONTCLAIR CITY COUNCIL MEETING - 06/20/2022 Page 142 of 186 Scope of Work
A copy of the full proposal provided detailing the full scope of services to be provided by Pivotal Strategies is attached as Exhibit A to this Agenda Report. The relevant scope of services is summarized as follows:

The Standard level focuses on core public education and engagement activities to raise awareness among Montclair residents and businesses about a proposed commercial cannabis tax measure.

1. Strategic Counsel:
 Montclair needs a local, experienced and responsive consultant that can adapt their approach based on changes on the ground. Pivotal Strategies will be that guide directing which tools to use and when from our kickoff meeting through Election Day.

2. Brand Development
 Every Pivotal Strategies municipal education program has a distinct brand, something that will resonate with residents and business owners as being local and authentic.

3. Message and Theme Development:
 Pivotal Strategies will work to develop the themes and messages that will serve as the cornerstone for all public outreach and external communication activities.

4. Materials Development:
 Based on the theme and messages, Pivotal Strategies will develop a set of multilingual collateral materials to communicate with residents. These materials will have the look and feel of other City materials and will be Pivotal Strategies' primary tool to disseminate messages to external audiences.

5. Message Dissemination:
 Pivotal Strategies will work with the City to disseminate educational messages through its existing electronic and printed newsletters, to reach a broader audience and enhance educational efforts.

6. Media Relations:
 To prevent any disinformation, Pivotal Strategies will support the City in engaging with key reporters and editors, mainly from the Inland Valley Daily Bulletin.

7. Online/Social Media:
 Pivotal Strategies will complement traditional outreach methods with a robust online presence to reach the broadest audience of Montclair’s residents. The City’s existing channels already have established audiences among residents and business owners, and distributing messages through these trusted channels will ensure a greater acceptance of the messages and wider distribution.

MONTCLAIR CITY COUNCIL MEETING - 06/20/2022 Page 143 of 186 FISCAL IMPACT: Approval of proposed Agreement No. 22–70 with Pivotal Strategies LLC would result in a total cost to the City of $50,550, inclusive of a $10,000 contingency, payable from the Economic Development Fund.

RECOMMENDATION: Staff recommends the City Council approve Agreement No. 22–70 with Pivotal Strategies LLC for community education and outreach services related to a proposed ballot measure to establish a commercial cannabis tax subject to any revisions deemed necessary by the City Attorney.

MONTCLAIR CITY COUNCIL MEETING - 06/20/2022 Page 144 of 186 Agreement No. 22-70

CONSULTING SERVICES AGREEMENT
This CONSULTING SERVICES AGREEMENT (this “Agreement”) will memorialize the terms and conditions of the engagement of PIVOTAL STRATEGIES LLC, a California limited liability company located for notice at 9619 National Blvd, Los Angeles, CA 90034 (“Pivotal”), by the undersigned (“Client”).

1. ENGAGEMENT; SERVICES.

1.1 Engagement. Client hereby engages Pivotal, and Pivotal accepts such engagement, during the Term (as defined below), pursuant to the terms and conditions set forth in this Agreement. During the Term, Pivotal shall render (i) those services set forth on the proposal delivered to Client by Pivotal attached as Exhibit A of this Agreement which is incorporated herein by reference (such proposal being the initial “SOW” ), and (i) such other related services as Pivotal and Client may mutually agree to from time to time, which may be memorialized by additional SOWs, each of which will be incorporated herein by reference (collectively, the “Services”).

1.2 Instructions. Pivotal shall follow Client’s reasonable instructions, and shall devote such time to the performance of the Services as may be reasonable under the circumstances.

Pivotal shall render the Services to or on behalf of Client in a professional manner, provided that Client’s instructions may request or require rendering of the Services in a manner in which Pivotal would otherwise determine to be against acceptable practices.

1.3 Change Orders. If either Party wishes to change the scope or performance of the Services, it shall submit details of the requested change to the other in writing. Pivotal, without creating any obligation to accept a change order, shall, within a reasonable time after such request provide a written estimate to Client of: (i) the likely time required to implement the change, (ii) any necessary variations to the fees and other charges for the Services arising from the change, (iii) the likely effect of the change on the Services, and (iv) any other impact the change might have on the performance of this Agreement. Notwithstanding the forgoing provisions of this Section 1.3, the Pivotal may, in its sole discretion, determine whether to accept or reject any change order.

2. TERM; TERMINATION.

2.1 Term. The term of this Agreement (the “Term”) shall commence on the date hereof and shall continue until November 11, 2022, provided that any new SOW entered into after the Term shall revive and reinstate the Agreement for a new Term. For the purpose of determining completion of the Services, the Services shall deemed complete upon Pivotal’s reasonable determination of completion of the Services to Client’s reasonable specifications and satisfaction.

The Term shall be subject to earlier termination as provided in Section 2.2 below.

2.2 Termination. This Agreement, or any SOW, may be terminated prior to the expiration of the Term by either Party, with or without reason or cause (i.e. for “convenience”) by providing the other Party with at least ten (10) days’ advance written notice of termination. Upon any termination of this Agreement, or any SOW, Client shall immediately pay to Pivotal all accrued and unpaid expense reimbursements and Fees prorated through the effective date of termination with respect to the Agreement or terminated SOW(s).

MONTCLAIR CITY COUNCIL MEETING - 06/20/2022 Page 145 of 186 Agreement No. 22-70

3. CONSIDERATION.

3.1 Fees Generally. In consideration of its rendering of the Services, Client shall pay to Pivotal fees (“Fees”) set forth in the SOW with respect to Services. The Fees will be a nonrefundable retainer, paid monthly, for the purpose of Client engaging Pivotal and causing Pivotal to dedicate and reserve substantial time, effort, and resources to Client regardless of whether or not Client actually avails itself of Pivotal’s time, efforts, and resources.

3.2 Expenses. Client agrees to reimburse Pivotal for all reasonable travel and outof-pocket expenses incurred by Pivotal in connection with the performance of the Services [that have been approved in advance in writing by Client, including, without limitation, Pivotal personnel travel time from Pivotal’s office to Client, and license fees for third Party licenses necessary to render the Services.

3.3 Invoicing. Pivotal shall issue invoices to Client only in accordance with the terms of this Section, and Client shall pay all properly invoiced amounts due to Pivotal within thirty (30) days after Client’s receipt of such invoice, unless otherwise specified in the applicable SOW.

4. INDEPENDENT CONTRACTOR.

4.1 Work Outside of Client. Pivotal is, and at all times during the Term shall remain, an independent contractor under this Agreement. As such, Pivotal may perform services on behalf of other persons and entities. Pivotal represents however, that it is not, as of the effective date of this Agreement, aware of any conflict of interest, but in the event such a conflict should arise, Pivotal will promptly notify Client, and act in a commercially reasonable manner to resolve any such conflict.

4.2 No Other Relationship. Nothing in this Agreement shall be construed to create any employment relationship, partnership or other venture between Pivotal and Client. Neither Party shall have the authority whatsoever to bind the other Party to any agreement or other matter without the written approval of an authorized representative of the such Party. Neither Party shall hold itself out in any manner that is contrary to the relationship of independent contractor created by this Agreement, and neither Party shall become liable or have any obligation whatsoever by reason of any representation, act or omission to the contrary.

5. REPRESENTATIONS AND WARRANTIES.

5.1 By Client. Client represents, warrants, covenants, and agrees as follows:

5.1.1 Right and Authority. Client has the full right and authority to enter into this Agreement. The execution and delivery of this Agreement has been duly authorized and approved by Client, and the person signing this Agreement on Client’s behalf has due authorization to effectively bind Client hereunder.

5.1.2 No Conflict. Client’s execution of this Agreement will not violate, conflict with or result in a breach of any provision of, or constitute a default (or an event that, with notice or lapse of time, or both, would constitute a default) under, any contract or other obligation to which Client is a party or by which Client bound.

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5.1.3 No Infringement. No materials provided by Client to Pivotal for integration into the Services will infringe upon the rights of any third party.

5.1.4 Client Cooperation. Client shall respond promptly, completely, and truthfully to any Pivotal request to provide direction, information, approvals, authorizations or decisions that are reasonably necessary for Pivotal to perform Services in accordance with the requirements of this Agreement. Client shall provide such materials and/or information as Pivotal may reasonably request, in order to carry out the Services, in a timely manner, and ensure that it is true, complete, and accurate in all material respects

5.2 By Pivotal. Pivotal represents, warrants, covenants, and agrees as follows:

5.2.1 Organization. Pivotal is a limited liability company, duly formed under the laws of the State of California.

5.2.2 Right and Authority. Pivotal has the full right and authority to enter into this Agreement. The execution and delivery of this Agreement has been duly authorized and approved by Pivotal, and the person signing this Agreement on Pivotal’s behalf has due authorization to effectively bind Pivotal hereunder.

5.2.3 No Conflict. Pivotal’s execution of this Agreement will not violate, conflict with or result in a breach of any provision of, or constitute a default (or an event that, with notice or lapse of time, or both, would constitute a default) under, any contract or other obligation to which Pivotal is a party or by which Pivotal bound.

6. DISCLAIMER AND LIMITATION OF LIABILITY. The Services are provided “as is,” “as available,” with all faults and without any warranties, representations or conditions of any kind. Pivotal does not make any representations, warranties or conditions about the quality, accuracy, security, reliability, completeness, quiet enjoyment, currency, or timeliness of the Services. Pivotal does not assume any responsibility for any incompleteness, errors, problems, omissions, inaccuracies or other limitations in, or interruptions in the Services. To the fullest extent permitted by law, Pivotal disclaims all warranties, representations and conditions of any kind with respect to the Services and Deliverables, whether express, implied or collateral. To the fullest extent permissible by applicable law, Pivotal hereby disclaims all, and shall not be liable for any indirect, special, consequential, exemplary or punitive loss or damage, including lost profits or savings, even if Pivotal or Client has been advised of the possibility of the damages and regardless of any prior course of dealing between the Parties. Pivotal assumes no liability for any damage to, or loss relating to, Client’s business resulting from any cause whatsoever. The maximum liability of Pivotal to Client arising out of or in connection with this agreement shall be limited to an amount equal to the total amount actually paid by Client to Pivotal under the SOW to which any claim relates, during the sixty (60) day period preceding any such claim. Client acknowledges Pivotal has set its prices and entered into this agreement in reliance on the limitations of liability and the disclaimers or warranties and damages set forth herein, and that the same form an essential basis of the bargain between the Parties. The Parties agree that the limitations and exclusions of liability and disclaimers specified in this agreement will survive and apply even if found to have failed of their essential purpose.

7. ARBITRATION. Any claim, controversy or other dispute between or among the Parties, or any of them, regarding any matter relating to this Agreement any breach or interpretation of this Agreement (each a “Dispute”), shall be settled and resolved by binding arbitration in Los Angeles, California, before a single arbitrator at ADR Services, Inc. (“ADRS”). The arbitration shall MONTCLAIR CITY COUNCIL MEETING - 06/20/2022 Page 147 of 186 Agreement No. 22-70

be conducted in accordance with ADRS’s rules and procedures, except as expressly modified by this paragraph. In reaching a decision on any Dispute, the arbitrator shall be bound by the provisions of this Agreement and by the law that the Parties have selected to govern the enforcement and interpretation of this Agreement. The arbitrator’s decision on the Dispute shall be a final and binding determination, and such decision may be confirmed and shall be fully enforceable as an arbitration award in any court having jurisdiction and venue over the Parties. The arbitrator shall have exclusive jurisdiction to determine any questions of arbitrability. Each Party agrees to accept service of process for all arbitration proceedings in accordance with Section 8.7. Nothing in this paragraph shall prevent any Party from (i) seeking and obtaining injunctive or other equitable relief through an action in court; (ii) joining any Party as a defendant in any action brought by or against a third party; (iii) bringing an action in court to collect Fees, or effect any attachment or garnishment furtherance thereof; or (iv) bringing an action in court to compel arbitration as required by this paragraph.

8. MISCELLANEOUS.

8.1 Entire Agreement. This Agreement, together with all SOWs, exhibits, schedules, and attachments, contains the entire agreement among the Parties hereto with respect to the transactions contemplated hereby and supersedes all prior agreements or understandings among the Parties with respect thereto. The exhibits and schedules to this Agreement, including all prior and concurrent SOWs agreed to by the Parties, are incorporated into this Agreement by this reference.

8.2 Survival. The provisions of each of Sections 4-8, shall survive any termination or expiration of this Agreement.

8.3 Governing Law; Submission to Jurisdiction. This Agreement is governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of California. Any legal suit, action or proceeding arising out of or related to this Agreement or the licenses granted hereunder shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the city of Los Angeles and County of Los Angeles, and each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding. Service of process, summons, notice or other document by mail to such Party’s address set forth herein shall be effective service of process for any suit, action or other proceeding brought in any such court.

8.4 Assignment. Except for the rights granted in the Deliverables, Client shall not assign any right or other interest provided to Client under this Agreement without Pivotal’s prior written consent, which Pivotal may withhold in its sole and absolute discretion. Client acknowledges that Pivotal may delegate certain work and duties to it ordinary subcontractors without further consent of Client.

8.5 Amendment, Modification, and Waiver. This Agreement may not be amended, modified or supplemented except pursuant to an instrument in writing signed by each of the Parties hereto, except that any Party to this Agreement may waive any obligation owed to such Party by another Party under this Agreement, provided such waiver is in writing. The waiver by any Party hereto of a breach of any provisions of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

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8.6 Severability. If any provision of this Agreement as applied to any Party or to any circumstance shall be found by a court of competent jurisdiction to be void, invalid or unenforceable, the same shall in no way affect any other provision of this Agreement, the application of any such provision in any other circumstance, or the validity or enforceability of this Agreement, and any provision that is found to be void, invalid or unenforceable shall be curtailed and limited only to the extent necessary to bring such provision within the requirements of the law.

8.7 Notices. All notices, statements and other documents that any Party is required or desires to give to any other Party hereunder shall be given in writing and shall be served in person by express mail, certified mail, overnight delivery, or by email at the respective addresses of the Parties as set forth in the introductory paragraph, or at such other addresses as may be designated in writing by such Party in accordance with the terms of this paragraph. The time to respond to any notice shall run from the time the notice is actually delivered to the person to whom the notice is addressed.

8.8 Binding Effect. All the terms and provisions of this Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns.

8.9 Further Acts. Each Party shall execute and deliver all such further instruments, documents and papers, and shall perform any and all acts necessary to give full force and effect to all of the terms and provisions of this Agreement.

8.10 Force Majeure. Neither Party shall be liable or responsible to the other Party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, except for any obligations to make payments to the other Party hereunder, when and to the extent such failure or delay is caused by or results from acts beyond the affected Party’s reasonable control, including, without limitation: (i) acts of God; (ii) flood, fire or explosion; (iii) war, invasion, riot or other civil unrest; (iv) actions, embargoes or blockades in effect on or after the date of this Agreement; (v) national or regional emergency; (vi) strikes, labor stoppages or slowdowns or other industrial disturbances; (vii) compliance with any law or governmental order, rule, regulation or direction, or any action taken by a governmental or public authority, including but not limited to imposing an embargo, export or import restriction, quota or other restriction or prohibition, or failing to grant a necessary license or consent; (viii) shortage of adequate power or telecommunications or transportation facilities; or (ix) any other event which is beyond the reasonable and actual control of such Party (each of the foregoing, a “Force Majeure Event”). A Party whose performance is affected by a Force Majeure Event shall give notice to the other Party, stating the period of time the occurrence is expected to continue and shall use diligent efforts to end the failure or delay and minimize the effects of such Force Majeure Event. During the Force Majeure Event, the non-affected Party may similarly suspend its performance obligations until such time as the affected Party resumes performance. The non-affected Party may terminate any affected Statement of Work if such failure or delay continues for a period of sixty (60) days or more.

Unless this Agreement is terminated pursuant to the foregoing sentence, the Term of this Agreement shall be automatically extended by a period equal to the period of suspension.

8.11 Client Delay. If Pivotal’s performance of its obligations under this Agreement is prevented or delayed by any act or omission of Client or its agents, subcontractors, consultants or employees, Pivotal shall not be deemed in breach of its obligations under this Agreement or otherwise liable for any costs, charges or losses sustained or incurred by Client, in each case, to the extent arising directly or indirectly from such prevention or delay.

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8.12 Construction. Whenever used in this Agreement, the terms “including,” “include,” “includes” and the like are not intended as terms of limitation, and, hence, shall be deemed to be followed by “without limitation.”

8.13 Counterparts. This Agreement may be executed in one or more counterpart signature pages, including PDF signature pages, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of June 20, 2022. “Pivotal”

PIVOTAL STRATEGIES LLC
By:

Name: Brandon Stephenson
Its: Founding Partner
“Client”

CITY OF MONTCLAIR
By:

Name: Javier John Dutrey
Its: Mayor
Attest:

By:

Name: Andrea M. Myrick
Its: City Clerk
Approved as to Form:

By:

Name: Diane E. Robbins
Its: City Attorney
MONTCLAIR CITY COUNCIL MEETING - 06/20/2022 Page 150 of 186

EXHIBIT A
Statement of Work
This statement of work (this “SOW”) is made with reference to that certain CONSULTING SERVICES AGREEMENT (the “MSA”), and will memorialize additional terms and conditions of the engagement of PIVOTAL STRATEGIES LLC, by the CITY OF MONTCLAIR (“Client”), under the MSA.

Pivotal Strategies will conduct public education services in collaboration with the City regarding a potential November 2022 ballot measure. Exhibit A includes the full scope.

In consideration of the services to be provided by Pivotal, the City of Montclair shall pay Pivotal a monthly fee of $5,500 with proration for the months of June and November as identified in Section 2.1 of this agreement. In addition, the program specified in the proposal dated June, 15, 2022, recommends the City send two direct mail pieces to registered households within the City at a cost of $6,350 per standard letter-sized 8.5 x 11” mailing. Other program costs include up to $2,000 in professional translation of public education materials to Spanish.

The total program cost is a not-to-exceed amount of $40,550.

Ratification and Extension of Term. In the event of any conflict between the MSA, and this SOW, this SOW shall control. Notwithstanding any provision of the MSA which is not specifically contradicted by this SOW, the MSA is hereby ratified by the Parties, and shall remain in full force and effect until terminated pursuant to its terms. In the event that the MSA has previously expired or been terminated, this SOW shall act to reinstate the MSA, and once again ratify its terms. On that basis, the Parties hereby reaffirm their obligations under the MSA (whether or not the MSA has previously expired or been terminated) as modified herein and hereby, and accordingly the Term of the MSA will be extended pursuant to Section 2 of the MSA. All capitalized or defined terms not defined herein have the meaning set forth in the MSA.

IN WITNESS WHEREOF, the Parties hereto have executed this SOW effective as of June 20, 2022. “Pivotal”

PIVOTAL STRATEGIES LLC
By:

Name: Brandon Stephenson
Its: Founding Partner
“Client”

CITY OF MONTCLAIR
By:

Name: Javier John Dutrey
Its: Mayor
Attest:

By:

Name: Andrea M. Myrick
Its: City Clerk
Approved as to Form:

By:

Name: Diane E. Robbins
Its: City Attorney
MONTCLAIR CITY COUNCIL MEETING - 06/20/2022 Page 151 of 186

BALLOT MEASURE

PUBLIC EDUCATION

PROGRAM
June 15, 2022
Exhibit A
MONTCLAIR CITY COUNCIL MEETING - 06/20/2022 Page 152 of 186 9619 National Blvd.

Los Angeles, CA 90034
Phone: 310.736.2337
June 15, 2022
Mikey Fuentes
Director of Economic Development and Housing
City of Montclair
Sent via email to [email protected]
Re: Pivotal Strategies Proposal for Public Education Services Dear Mr. Fuentes,
Thank you for speaking with us about the City of Montclair’s ongoing discussions regarding a potential revenue measure for the November 2022 election cycle. We appreciated your time and the information you provided.

Pivotal Strategies (Pivotal) has the ballot measure, communications, and community engagement expertise, coupled with the local knowledge, needed to effectively run Montclair’s ballot measure public education program. We have a passion for working with and strengthening cities. We’re storytellers who take complex or controversial issues, simplify them, and create engaging communications programs to educate diverse communities.

We can immediately become Montclair’s partner and launch a customized, integrated, and bilingual education program to ensure constituents understand all aspects of a cannabis tax measure. We will construct a narrative demonstrating the City’s strengths and challenges, why the Council is considering the measure, and most importantly the effects on City services, infrastructure, and facilities if the measure is approved or rejected by voters.

Our team is made up of experts with the skills and experience necessary to meet the City’s needs, from developing the strategic framework of the program to providing the City with the tools to communicate and educate the Montclair community. Our previous work for Montclair in 2020 on Measure L illustrates our expertise.

Our team has built countless successful strategic communications and community engagement programs to help cities, counties and other government agencies create compelling narratives and engage communities on a wide range of issues. No matter the size, location, or demographics of a city, we always customize our education programs. From what messages should be communicated, to when and how, our approach ensures the most effective program communications possible.

Our team’s public education and ballot measure work covers diverse cities such as Burbank, Costa Mesa, Culver City, Downey, Duarte, El Monte, Glendale, Los Alamitos, Montclair, Norwalk, Ontario, South El Monte, and Westminster among others. These cities can attest to the effectiveness of our programs and the ease of integration we had with their teams.

We’re pleased to submit to the following information about how we would collaborate with the City on this important matter. We thoroughly enjoyed our previous partnership with the City MONTCLAIR CITY COUNCIL MEETING - 06/20/2022 Page 153 of 186 2 educating residents on Measure L and we hope we’re ultimately selected as the City’s partner for this public education program.

Moving Forward Together
Based on our conversation, the City has an important story to tell. Residents should be made aware of the current legal status of cannabis operations within the City as well as the specific nature of a potential ballot measure to capture general fund revenue through a tax on the five stages of the cannabis supply chain – cultivation, manufacturing, distribution, transportation, and retail.

Perhaps more than any issue, cannabis holds a mystique that we intend to dispel and clarify through our outreach. It’s crucial that residents and voters receive clear and concise information on legalized cannabis operations, including where they can be located within the City and the strict regulatory nature of the industry.

As you’ve seen from our team’s previous work with the City, Montclair’s partnership with Pivotal will take the City through every step of a ballot measure’s public education lifecycle. From Day 1, we’ll be by your side providing the expertise cities have come to expect from us.

We’ll translate the information from the City’s polling into compelling messages and meaningful actions, as we launch a program to educate the public about the Council’s consideration of a ballot measure. And we’ll keep our integrated and innovative communications going through Election Day if the Council decides that placing a measure before voters is in the City’s best interests.

Voters must understand the reasons why the Council made this decision, the measure’s accountability measures, and the tangible impacts the measure will have on their community.

More importantly, they must understand the effects of the proposed measure on them, their families and businesses, and their quality of life.

Like all cities trying to educate constituents about a new program or potential revenue measure, Montclair will face challenges – competing measures at the County or state level, potential stakeholder groups or outside entities attacking the measure, potential voter apathy. These challenges are not reasons to stop the City from moving forward; rather, these challenges highlight the need to have a robust communications program.

We pride ourselves on following the letter and spirit of communications regulations. This includes following the rules that govern the type of messages that can be communicated by a government entity for an education program. Our messages and activities will be educational only, without any advocacy or spin. We believe that all activities and messages should be reviewed by the City Attorney or other legal counsel to maintain the highest ethical standards.

Scope of Work
To provide the City with some options and flexibility, we’ve presented two levels of service – standard and premium. While it is our recommendation to employ the most comprehensive program, surrounding residents in multiple ways with our public education messages, we have presented these varying levels to work within your budget parameters.

MONTCLAIR CITY COUNCIL MEETING - 06/20/2022 Page 154 of 186 3 Standard
The Standard Level focuses on core public education and engagement activities to raise awareness among Montclair residents and businesses about the City’s financial situation and the challenges that remain. Over the life of this program, we will gradually weave in messages focused on a potential cannabis legalization and tax revenue measure building toward the Council’s decision on whether to place a November 2022 measure before voters. • Strategic Counsel: Montclair needs a local, experienced and responsive consultant that can adapt their approach based on changes on the ground. We’ll be that guide directing which tools to use and when from our kickoff meeting through Election Day. • Program Launch Meeting: We’ll quickly coordinate a team meeting to go over our proposed program and timing. The meeting will allow us to have a thorough discussion about the survey results and ensuring we’re moving forward with a consensus approach.

This would be followed by brief weekly calls.
• Brand Development: Every Pivotal municipal education program has a distinct brand, something that will resonate with residents and business owners as being local and authentic. Since a measure wouldn’t receive a letter designation until approximately August, creating a unique brand for the program will allow all messages and materials to be seen as part of a unified voice on the City’s behalf. As we did with the Measure L program, we’d work with you to customize the branding and logo for Montclair’s efforts for this election. • Message and Theme Development: We’ll develop the themes and messages that will serve as the cornerstone for all public outreach and external communication activities.

These messages will rely heavily on those tested in the survey research and will incorporate existing messages the City uses to communicate with its constituents. We will create a core messaging document from which all written and verbal communications will be based. • Materials Development: Based on our theme and messages, we will develop a set of bilingual collateral materials to communicate with residents. These materials would have the look and feel of other City materials and would be our primary tool to disseminate messages to external audiences. Materials could include the following:
o Fact sheet
o Frequently Asked Questions (FAQ) document
o PowerPoint presentation
o Palm Card (for public events)
• Message Dissemination: We will work with the City to disseminate educational messages through its existing electronic and printed newsletters, to reach a broader audience and enhance our educational efforts. Additionally, we recommend that our materials be placed in all City facilities and explore utilizing other City communications platforms to distribute our messages/materials.
• Media Relations: One of the quickest ways for a public communications program to spin out of control is for the media to misinterpret the City’s intentions or the potential community impact of a revenue-generating measure. To prevent any misunderstanding, we will support MONTCLAIR CITY COUNCIL MEETING - 06/20/2022 Page 155 of 186 4 the City in engaging with key reporters and editors, mainly from the Inland Valley Daily Bulletin.
• Online/Social Media: We will complement our traditional outreach methods with a robust online presence to reach the broadest audience of Montclair’s residents. The City’s existing channels already have established audiences among residents and business owners and distributing our messages through these trusted channels will ensure a greater acceptance of the messages and wider distribution.
o Website: We will work with the City to populate its existing website with our approved messages and information. We recommend the development of a simple landing page to host our collateral materials and to serve as a clearinghouse of information and messaging.
o Social Media: A vital avenue to further educate the public and share links to outreach materials and other resources, Pivotal will create a social media calendar and content for the City’s existing social media channels. Whenever possible, we will ensure that social media content is visually interesting, incorporating graphic elements and multimedia content.
• Mail: Mail sent directly to voters is the most effective way to engage Montclair’s registered voters and deliver the program’s messages. We recommend distributing at least two bilingual educational pieces – one soon after the Council’s vote to place a measure on the ballot to build awareness around the matter, and one afterwards leading up to Election Day.

Enhanced
The Enhanced Level expands on the Standard Level’s public education activities to create a more robust, proactive program to further engage the Montclair community. • Community/Stakeholder Outreach: An expanded public education effort involves consistent stakeholder engagement. These activities also play a critical role in gaining valuable community feedback. Working closely with the City, we will help identify stakeholders in the community to engage, who will hopefully help amplify the City’s messages to a wide array of audiences. We believe the City already possesses a robust communications network of community stakeholders. We would work with the City to augment this network with organizations such as:
o Homeowners associations
o Civic associations
o Business groups
o Ecumenical entities
o Large businesses
We’ll reach out to these stakeholder organizations with our materials and encourage them to share our information with their respective networks, allowing our messages to organically spread throughout the community.

Premium
The Premium Level takes the Enhanced Level’s proactive engagement approach and adds even more direct touchpoints to surround residents with our messages to ensure the maximum education levels possible.

MONTCLAIR CITY COUNCIL MEETING - 06/20/2022 Page 156 of 186 5 • Community Town Hall/Council Meetings: To further engage the broader community, we might recommend the City host a community forum. We understand that the City previously held workshops in 2018 to hear from the community and collect their thoughts on cannabis operations within Montclair. This would be an opportunity to hear from residents a final time and educate them on the specifics of the cannabis tax measure.

We’ve used this type of event in the past for staff to convey what a city budget might look like with the new revenue and what it could look like without it. We envision this meeting being hosted by the City in partnership with key community organizations and led by City personnel, with Pivotal assisting in the development of the meetings’ program and logistics management.
• Information Booths: We will work with City staff to identify highly attended community events and meetings in Montclair, and create a calendar of events where we would plan to have a presence. These events allow residents to connect face-to-face with City staff.

Staying On the Same Page
Through regular team meetings and conference calls, the Pivotal team will provide continuing status updates on the program’s components, ensuring the timely completion of individual benchmarks and the delivery of the final report. This includes a monthly providing updates on all activities that the City’s management team can share with the Council.

We will also develop a task list to drive our activities and provide the City and Pivotal teams a firm understanding of the deliverables in the days and weeks ahead. Pivotal can attend any City Board or Council meeting to present and receive direction on our approach and progress to date at the discretion of the City.

An Integrated Team
We firmly believe that City personnel are the most authentic voices for this public education effort. As such, we recommend that City staff conduct any requested presentations and lead any community meetings. Residents value personal interactions with their City’s leaders, and these meetings will strengthen the City’s position as responsive and accessible to constituents – a necessary component to effectively communicate new policies and ideas.

About Pivotal Strategies
At any time, you might find yourself facing a pivotal moment. How you engage a community, the media, sway public opinion or protect your brand from a crisis can determine whether you can successfully reach your goals. When you’re facing these types of pivotal moments, make sure you have the right team in place.

Pivotal Strategies is a Los Angeles-based public affairs and public relations firm. Our passionate and experienced team creates innovative solutions to solve your complex challenges. We’re storytellers that establish our clients as thought leaders at the forefront of change through strategic communications, campaigns and issues management and engagement programs.

MONTCLAIR CITY COUNCIL MEETING - 06/20/2022 Page 157 of 186 6 We move ideas and clients forward to positively impact the quality of life for all Californians.

We’ve helped our clients improve equitable access to health care and social services, housing and mobility options, expand sensible development and enhance essential neighborhood services.

Project Team
Our project team has an unmatched expertise with innovative local ballot measures, vast experience with public education and communications programs, and local knowledge – the three key ingredients the City must have for this program to be effective. Collectively, we have decades of experience on the exact type of program Montclair needs to engage and educate its constituents.

Founding Partner Brandon Stephenson
Brandon will serve as Project Lead and oversee the strategic framework and implementation of this project. For over 20 years, he has played a game-changing role on numerous public education programs and excels at crafting engagement programs that resonate with diverse audiences.

Vice President John Anderson
John will be the day-to-day Project Manager, and your primary point-of-contact. John not only manages our municipal programs, he’s also the driving force behind our creative content and digital communications for government entities. Depending on our final scope of work, John could manage all aspects of our portion of this project, including overseeing the creation of all documents/materials, managing all community engagement, and ensuring that we keep to the project timeline agreed upon by the City.

Both Brandon and John were involved in our past Measure L work.

Senior Associate Alina Ambrosino
Alina will provide support in all areas of the project. Alina’s political and corporate campaign experience, along with expertise in direct mail programs, will be vital for the program’s communications and community engagement tactics. Alina will help in the development of materials and assist with our community engagement.

What It Will Cost
We have provided Pivotal’s fee for the two proposed services levels as outlined above. We are willing to scale our proposed activities and the amount of mail pieces distributed based on the City’s needs.

The proposed monthly rates do not include hard costs, such as mail pieces, printing of materials or professional translation services (which will be needed to ensure our messages are accessible to the City’s Spanish-speaking population). We would provide the City with a detailed budget before moving forward with that part of the program.

As previously noted, we recommend at least two mail pieces be distributed to the City’s residents. During our previous engagement with the City in 2020, it was determined to send mail to only households with at least one registered voter. Following that practice for this program, we would mail to approximately 8,458 households. Based on this number, we anticipate each mailing to cost approximately $6,350 for a standard letter-sized 8.5 x 11” mail piece. We MONTCLAIR CITY COUNCIL MEETING - 06/20/2022 Page 158 of 186 7 understand any budget constraints that the City is faced with and can work with our mail vendors to produce smaller dimension pieces which could reduce the cost of each mailing by nearly $1,600.

Level Cerrell Fee
Standard $5,500 / month
Enhanced $6,500 / month
Premium $8,000 / month
Hard Costs
Direct mail (two 8.5 x 11”
mailings to registered
households)
$12,700
Professional translation $2,000
We’re Ready to Begin!
We’re excited about working with you again and rounding out your team to ensure that Montclair receives the best possible program – one that will consistently educate the City’s constituents and ensure voters can make an informed decision in November 2022. We’re looking forward to your thoughts on this and, more importantly, to getting started.

Please contact John or Brandon or at (310) 736-2337 or by email at [email protected] or [email protected] with any questions or if you need additional information. We’re looking forward to hearing from you.

MONTCLAIR CITY COUNCIL MEETING - 06/20/2022 Page 159 of 186

CITY COUNCIL

AGENDA REPORT
DATE: JUNE 20, 2022
SECTION: CONSENT - RESOLUTIONS
ITEM NO.: 1
FILE I.D.: COV100/CYC125
DEPT.: CITY MGR.

PREPARER: A. MYRICK
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 22–3357 MAKING FACTUAL FINDINGS IN COMPLIANCE WITH AB 361 FOR THE CONTINUATION OF PUBLIC MEETING

TELECONFERENCING DURING PUBLIC HEALTH EMERGENCIES FOR THE PERIOD OF JUNE 20, 2022, THROUGH JULY 20, 2022
REASON FOR CONSIDERATION: The City Council’s adoption of Resolution No. 22–3357 would extend the City’s remote public meeting procedures under AB 361 for an additional 30 days, expiring July 20, 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. 22–3357.

RECOMMENDATION: Staff recommends the City Council adopt Resolution No. 22–3357 making factual findings in compliance with AB 361 for the continuation of teleconferencing during public health emergencies for the period of June 20, 2022, through July 20, 2022.

MONTCLAIR CITY COUNCIL MEETING - 06/20/2022 Page 160 of 186 Resolution No. 22–3357 Page 1 of 3
RESOLUTION NO. 22–3357

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 JUNE 20, 2022, THROUGH JULY 20, 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 - 06/20/2022 Page 161 of 186 Resolution No. 22–3357 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 - 06/20/2022 Page 162 of 186 Resolution No. 22–3357 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 July 20, 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. 22–3357 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 - 06/20/2022 Page 163 of 186

CITY COUNCIL

AGENDA REPORT
DATE: JUNE 20, 2022
SECTION: CONSENT - RESOLUTIONS
ITEM NO.: 2
FILE I.D.: FPP150
DEPT.: ADMIN. SVCS.

PREPARER: A. MYRICK
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 22–3358 DIRECTING STAFF TO REVIEW THE CONFLICT OF INTEREST CODE AND SUBMIT THE 2022 BIENNIAL NOTICE

PURSUANT TO THE POLITICAL REFORM ACT
REASON FOR CONSIDERATION: The City Council is the designated code–reviewing body for the City’s Conflict of Interest Code (“Code”). It is necessary to review the Code on a biennial basis, which includes the filing of a Local Agency Biennial Notice and amending the Code to update the list of designated employees who are required to file Statements of Economic Interests and to incorporate any other necessary changes.

BACKGROUND: Pursuant to the Political Reform Act of 1974 (Government Code Section 8100, et seq.), all public agencies are required to adopt a Conflict of Interest Code. The Code designates positions annually required to file Fair Political Practices Commission (FPPC) Form 700 Statements of Economic Interest (“Form 700”), and assigns disclosure categories specifying the types of interests to be reported. The Form 700 is a public document intended to alert public officials and members of the public to the types of financial interests that may create conflicts of interest.

The City of Montclair’s Conflict of Interest Code, first adopted on October 4, 1976, contains the requirement that all City Council Members, Planning Commissioners, City Manager, City Attorney, and designated employees responsible for managing public investments annually file the Form 700. In addition, the Code requires there be a listing of designated employees who, by job title, “make or participate in the making of governmental decisions which may have a foreseeable material effect on financial interests.”
The Political Reform Act requires state and local government agencies to review their Conflict of Interest Code every even–numbered year to determine if it is accurate or, alternatively, to amend the Code if necessary. Before July 1, 2022, the City Council must direct staff to review the Conflict of Interest Code and to submit a Biennial Notice to the City Council no later than October 3, 2022. The blank Biennial Notice form is attached for reference. The City Council must adopt any proposed amendments to the Code within 90 days of filing the Biennial Notice.

Adoption of Resolution No. 22–3358 would satisfy the requirement that the City Council direct staff to review the Code. Staff will submit the Biennial Notice to the City Council at a regular meeting in September, which will report the findings of the review. If amendments are required, the City Council will be requested to adopt a resolution updating the Conflict of Interest Code.

FISCAL IMPACT: There would be no fiscal impact associated with the City Council’s adoption of Resolution No. 22–3358.

RECOMMENDATION: Staff recommends the City Council adopt Resolution No. 22–3358 directing staff to review the Conflict of Interest Code and submit the 2022 Biennial Notice pursuant to the Political Reform Act.

MONTCLAIR CITY COUNCIL MEETING - 06/20/2022 Page 164 of 186 www.fppc.ca.gov
FPPC Advice: [email protected] (866.275.3772)

2022 Local Agency Biennial Notice
Name of Agency:

Mailing Address:

Contact Person: Phone No.

Email: Alternate Email:

Accurate disclosure is essential to monitor whether officials have conflicts of interest and to help ensure public trust in government. The biennial review examines current programs to ensure that the agency’s code includes disclosure by those agency officials who make or participate in making governmental decisions.

This agency has reviewed its conflict of interest code and has determined that (check one BOX):
 An amendment is required. The following amendments are necessary:
(Check all that apply.)
 Include new positions
 Revise disclosure categories
 Revise the titles of existing positions
 Delete titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions
 Other (describe)
 The code is currently under review by the code reviewing body.  No amendment is required. (If your code is over five years old, amendments may be necessary.)
Verification (to be completed if no amendment is required) This agency’s code accurately designates all positions that make or participate in the making of governmental decisions. The disclosure assigned to those positions accurately requires that all investments, business positions, interests in real property, and sources of income that may foreseeably be affected materially by the decisions made by those holding designated positions are reported. The code includes all other provisions required by Government Code Section 87302.
__________________________________________ _________________________ Signature of Chief Executive Officer Date
All agencies must complete and return this notice regardless of how recently your code was approved or amended. Please return this notice no later than October 3, 2022, or by the date specified by your agency, if earlier, to:
(PLACE RETURN ADDRESS OF CODE REVIEWING BODY HERE)
PLEASE DO NOT RETURN THIS FORM TO THE FPPC.

MONTCLAIR CITY COUNCIL MEETING - 06/20/2022 Page 165 of 186 Resolution No. 22–3358 Page 1 of 1
RESOLUTION NO. 22–3358

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF MONTCLAIR, CALIFORNIA, DIRECTING

STAFF TO REVIEW THE CONFLICT OF INTEREST
CODE AND SUBMIT THE 2022 LOCAL AGENCY

BIENNIAL NOTICE AS REQUIRED BY THE

POLITICAL REFORM ACT
WHEREAS, the Political Reform Act of 1974 (Government Code §8100 et seq.) requires cities to adopt a Conflict of Interest Code; and WHEREAS, the City of Montclair first adopted a Conflict of Interest Code on October 4, 1976; and
WHEREAS, the Conflict of Interest Code must be reviewed every two years and amended when circumstances change; and
WHEREAS, the City Council is the Code Reviewing Body for the City of Montclair; and
WHEREAS, no later than July 1st of each even–numbered year, code reviewing bodies must notify each agency within their jurisdiction to review its Conflict of Interest Code; and
WHEREAS, no later than October 1st of each even–numbered year, City staff shall submit to the code reviewing body a notice indicating whether or not an amendment is necessary; however, October 1, 2022 falls on a weekend, so the deadline is extended to October 3, 2022; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Montclair directs staff to review the Conflict of Interest Code and to submit a 2022 Local Agency Biennial Notice indicating if any amendments are necessitated due to a change circumstances.

BE IT FURTHER RESOLVED that the City Clerk shall transmit the 2022 Biennial Notice and recommendations to the City Council prior to October 3, 2022.

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. 22–3358 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 - 06/20/2022 Page 166 of 186

CITY COUNCIL

AGENDA REPORT
DATE: JUNE 20, 2022
SECTION: CONSENT - RESOLUTIONS
ITEM NO.: 3
FILE I.D.: CCK140
DEPT.: CITY MGR.

PREPARER: A. MYRICK
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 22–3359 CALLING AND GIVING NOTICE

OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY

THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATED TO

GENERAL LAW CITIES
CONSIDER ADOPTION OF RESOLUTION NO. 22–3360 ADOPTING THE REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES’

STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022
CONSIDER ADOPTION OF RESOLUTION NO. 22–3361 REQUESTING THE BOARD OF

SUPERVISORS OF THE COUNTY OF SAN BERNARDINO TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022, WITH THE

STATEWIDE GENERAL ELECTION TO BE HELD ON THE SAME DATE PURSUANT TO SECTION 10403 OF THE CALIFORNIA ELECTIONS CODE
REASON FOR CONSIDERATION: Provisions of the laws related to general law cities in the State of California require the governing body to call and give notice of a General Municipal Election and to adopt regulations for Candidates’ Statements. In addition, pursuant to the requirements of Section 10403 of the Elections Code, it is also necessary for the governing body to request the County Board of Supervisors to consolidate a General Municipal Election with the Statewide General Election and to authorize payment to the County for services rendered related to consolidation of this election.

Copies of proposed Resolution Nos. 22–3359, 22–3360, and 22–3361 are attached for the City Council’s review and consideration.

BACKGROUND: Proposed Resolution No. 22–3359 formally calls for a General Municipal Election to be held on Tuesday, November 8, 2022, for the election of a Mayor and two Members of the City Council. The Mayoral seat now held by Javier John Dutrey and City Council seats now held by Corysa Martinez and Bill Ruh are the seats to be filled at this election.

Proposed Resolution No. 22–3360 provides that each candidate may prepare a Candidate’s Statement of 200 words or fewer for inclusion in the Sample Ballot. The Statement shall be filed with the candidate’s Nomination Papers and may be withdrawn, but not changed, during the filing period and until 5:00 p.m. of the next working day after the close of the filing period. The San Bernardino County Registrar of Voters will provide a cost estimate of the Candidate’s Statement to be paid by the candidate to the City of Montclair as a deposit. The amount covers the cost of printing the Statement in the Sample Ballot and includes the cost of the Statement being translated into Spanish as required by the Voting Rights Act of 1965, as amended.

MONTCLAIR CITY COUNCIL MEETING - 06/20/2022 Page 167 of 186 Proposed Resolution No. 22–3361 requests that the Board of Supervisors of the County of San Bernardino consent and agree to consolidation of a General Municipal Election with the Statewide General Election to be held on Tuesday, November 8, 2022. The County is expected to bill the City for actual costs related to conducting the City’s General Municipal Election by March of 2023.

FISCAL IMPACT: The San Bernardino County Registrar of Voters is unable to provide a cost estimate for election services at this time due several changes in procedure including redistricting, some jurisdictions changing from at–large to district elections, and recently increased printing and mailing and pre–paid postage requirements. Based on previous years’ escalating election costs, staff estimates the cost for election services will be $50,000, which was requested in the City’s proposed Fiscal Year 2022–23 Budget.

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

1. Adopt Resolution No. 22–3359 calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 8, 2022, for the election of certain officers as required by the provision of the laws of the State of California related to General Law cities.

2. Adopt Resolution No. 22–3360 adopting regulations for candidates for elective office pertaining to Candidates’ Statements submitted to the voters at the election to be held on Tuesday, November 8, 2022.

3. Adopt Resolution No. 22–3361 requesting the Board of Supervisors of the County of San Bernardino to consolidate a General Municipal Election to be held on Tuesday, November 8, 2022, with the Statewide General Election to be held on the same date pursuant to Section 10403 of the California Elections Code.

MONTCLAIR CITY COUNCIL MEETING - 06/20/2022 Page 168 of 186 Resolution No. 22–3359 Page 1 of 1
RESOLUTION NO. 22–3359

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MONTCLAIR, CALIFORNIA, CALLING AND GIVING NOTICE OF

THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE
HELD ON TUESDAY, NOVEMBER 8, 2022, FOR THE ELECTION

OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS

OF THE LAWS OF THE STATE OF CALIFORNIA RELATED TO

GENERAL LAW CITIES
WHEREAS, under the provisions of the laws related to General Law cities in the State of California, a General Municipal Election shall be held on Tuesday, November 8, 2022, for the election of Municipal Officers.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Montclair, California, does hereby declare, determine, and order as follows:

Section 1. That pursuant to the requirements of the laws of the State of California related to General Law cities, there is called and ordered to be held in the City of Montclair, California, on Tuesday, November 8, 2022, a General Municipal Election for the purpose of electing a Mayor for the full term of four years and two Members of the City Council for full terms of four years each.

Section 2. That the ballots to be used at the election shall be in form and content as required by law.

Section 3. That the City Clerk is authorized, instructed, and directed to procure and furnish any and all official ballots; notices; printed matter; and all supplies, equipment, and paraphernalia that may be necessary in order to properly and lawfully conduct the election.

Section 4. That the polls for the election shall be open at 7:00 a.m. of the day of the election and shall remain open continuously from that time until 8:00 p.m. of the same date when the polls shall be closed, except as provided in Section 14401 of the Elections Code of the State of California.

Section 5. That in all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections.

Section 6. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election in time, form, and manner as required by law.

Section 7. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

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. 22–3359 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 - 06/20/2022 Page 169 of 186 Resolution No. 22–3360 Page 1 of 2
RESOLUTION NO. 22–3360

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MONTCLAIR, CALIFORNIA, ADOPTING REGULATIONS

FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING

TO CANDIDATE STATEMENTS SUBMITTED TO THE

VOTERS AT AN ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 8, 2022
WHEREAS, Section 13307 of the Elections Code of the State of California provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election including cost of the Candidate Statement.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Montclair, California, does hereby declare, determine, and order as follows:

Section 1. GENERAL PROVISIONS. Pursuant to Section 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at an Election to be held in the City of Montclair on Tuesday, November 8, 2022, may prepare a Candidate Statement on an appropriate form provided by the City Clerk. The Candidate Statement may include the name, age, and occupation of the candidate and a brief description of no more than 200 words of the candidate’s education and qualifications expressed by the candidate himself or herself. The Candidate Statement shall not include party affiliation of the candidate nor membership or activity in partisan political organizations. The Candidate Statement shall be filed in the Office of the City Clerk at the time the candidate’s Nomination Papers are filed. The Candidate Statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.

Section 2. FOREIGN LANGUAGE POLICY.

A. Pursuant to the Federal Voting Rights Act of 1965, as amended, Candidate Statements will be translated into all languages required by the San Bernardino County Registrar of Voters Office (“County”). The County is required to translate Candidate Statements into the following language: Spanish.

B. The County will print and mail Voter Information Guides that include Candidate Statements to all voters in the City of Montclair, or the County will mail separate Voter Information Guides that include Candidate Statements in the City of Montclair to only those voters who are on the county voter file as having requested a voter information guide in a particular language. The County will make the Voter Information Guides and Candidate Statements in the required languages available at all polling places, on the County’s website, and in the Election Official’s office.

Section 3. PAYMENT.

A. The candidate shall be required to pay for the cost of printing the Candidate Statement in English.

B. The candidate shall be required to pay for the cost of translating the Candidate Statement into Spanish pursuant to State and/or Federal law.

C. The candidate shall be required to pay for the cost of printing the Candidate Statement in Spanish.

D. The County will provide an estimate for the total cost of printing, handling, translating, and mailing of each Candidate Statement filed pursuant to the Elections Code, including costs incurred as a result of complying with the Voting Rights Act of 1965, as amended. The City Clerk shall require each candidate filing a Statement to pay in advance the amount estimated by the County for his or her estimated pro–rata share as a condition of having his or her Candidate Statement included in the Voter’s Pamphlet. The estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing Candidate Statements.

Accordingly, the City Clerk is not bound by the estimate and within 30 days after receiving the invoice from the County shall either bill each candidate for any cost in excess of the deposit or shall refund any unused portion of the deposit.

MONTCLAIR CITY COUNCIL MEETING - 06/20/2022 Page 170 of 186 Resolution No. 22–3360 Page 2 of 2
Section 4. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the Voter Information Guide.

Section 5. MISCELLANEOUS.

A. All translations shall be provided by professionally–certified translators.

B. Candidate Statements will be printed as submitted in type of uniform size and darkness, and with uniform spacing. Spelling, punctuation, and grammatical errors will not be corrected by the Elections Official. Statements should be typed in sentence case with upper– and lowercase letters—not all “CAPS,” single–spaced, in paragraph format. The City Clerk, as the Elections Official, shall have the authority to make formatting corrections or to strike any language not in compliance with the Elections Code.

C. The City Clerk shall comply with all recommendations and standards set forth by the California Secretary of State regarding occupational designations and other matters relating to elections.

Section 6. The City Clerk shall provide each candidate or the candidate’s representative a copy of this Resolution at the time nomination papers are issued.

Section 7. All previous Resolutions establishing Council policy on payment for Candidate Statements are repealed.

Section 8. This Resolution shall apply only to the election to be held on Tuesday, November 8, 2022, and shall then be repealed.

Section 9. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

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. 22–3360 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 - 06/20/2022 Page 171 of 186 Resolution No. 22–3361 Page 1 of 2
RESOLUTION NO. 22–3361

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MONTCLAIR, CALIFORNIA, REQUESTING THE BOARD OF

SUPERVISORS OF THE COUNTY OF SAN BERNARDINO

TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION
TO BE HELD ON TUESDAY, NOVEMBER 8, 2022, WITH

THE STATEWIDE GENERAL ELECTION TO BE HELD ON
THE DATE PURSUANT TO SECTION 10403 OF THE

CALIFORNIA ELECTIONS CODE
WHEREAS, the City Council of the City of Montclair, California, called a General Municipal Election to be held on Tuesday, November 8, 2022, for the purpose of a Mayor for the full term of four years and two Members of the City Council for full terms of four years each; and
WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date and that within the City the precincts, polling places, and election officers of the two elections be the same and that the San Bernardino County Registrar of Voters Office canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Montclair, California, does hereby declare, determine, and order as follows:

Section 1. That pursuant to the requirements of Section 10403 of the California Elections Code, the Board of Supervisors of the County of San Bernardino is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election to be held on Tuesday, November 8, 2022, for the purpose of electing a Mayor and two Members of the City Council.

Section 2. That the San Bernardino County Registrar of Voters Office is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used.

Section 3. That the Board of Supervisors is requested to issue instructions to the Registrar of Voters Office to take any and all steps necessary for the holding of the consolidated election.

Section 4. That the City of Montclair recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any such costs.

Section 5. That in the event of a tie vote (if any two or more persons receive an equal and the highest number of votes for an office) as certified by the County of San Bernardino Registrar of Voters, the City Council, in accordance with Election Code Section 15651(a), shall set a date and time and place and summon the candidates who have received the tie votes to appear and the City Clerk will determine the winner by lot.

Section 6. That the City Clerk is hereby directed to file a certified copy of this Resolution with the Board of Supervisors and the Registrar of Voters Office of the County of San Bernardino.

Section 7. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

APPROVED AND ADOPTED this XX day of XX, 2022.

Mayor
ATTEST:

City Clerk
MONTCLAIR CITY COUNCIL MEETING - 06/20/2022 Page 172 of 186 Resolution No. 22–3361 Page 2 of 2
I, Andrea M. Myrick, City Clerk of the City of Montclair, DO HEREBY CERTIFY that Resolution No. 22–3361 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 - 06/20/2022 Page 173 of 186

CITY COUNCIL

AGENDA REPORT
DATE: JUNE 20, 2022
SECTION: CONSENT - RESOLUTIONS
ITEM NO.: 4
FILE I.D.: FLP180/SEW075
DEPT.: PUBLIC WORKS
PREPARER: M. HEREDIA
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 22–3362 ADJUSTING THE EQUIVALENT

DWELLING UNIT MONTHLY FEE FOR SEWER SERVICE
REASON FOR CONSIDERATION: The Inland Empire Utilities Agency (IEUA) provides sewage treatment services to the City of Montclair and six other regional contracting agencies. The IEUA Board of Directors has approved a rate increase for the fee charged to the contracting agencies for this sewage treatment. This higher rate is effective July 1, 2022. In order to cover the cost of the rate increase by IEUA, the City must increase the rates charged to its customers. The rate may be changed by a resolution adopted by the City Council.

BACKGROUND: IEUA provides sewage treatment for seven regional contracting agencies, including the City of Montclair. Treatment costs are passed on to City residents and businesses via a monthly fee based on an equivalent dwelling unit (EDU).

Annual adjustments in these rates may be made, provided that the rates have been approved by the City Council, under the requirements of Proposition 218.

On July 22, 2019, the City Council conducted a public hearing in accordance with Proposition 218 requirements. As a result of that hearing process, rate caps were approved by the City Council for a five–year period ending June 30, 2024. For Fiscal Year (FY) 2022–23, the maximum rate established by the City Council was $32.82 per EDU per month, of which $23.15 per EDU was projected to be the cap for IEUA’s portion. IEUA recently approved its portion of the rate for FY 2022–23 at $21.86 per EDU effective July 1, 2022, for a total rate of $31.14.

The current rate and the proposed rate for FY 2022–23 are as follows:

Effective
Date
Part 1
IEUA Sewer
Treatment Fee
Part 2
City Sewer
Maintenance Fund
Part 3
City Sewer
Replacement Fund
Total
Rate
July 1, 2021 $21.22 $7.78 $1.50 $30.50
July 1, 2022 $21.86 $7.78 $1.50 $31.14
FISCAL IMPACT: Adoption of Resolution No. 22–3362 will allow the City to collect the sufficient funds to pay the higher treatment rate being assessed by IEUA, pay for increased maintenance costs, and continue to contribute to the sewer replacement fund.

Should the City not adopt Resolution No. 22–3362, it would still be obligated to pay the increased IEUA treatment rate and find some other source of funds for sewer maintenance, or operate the sewer program at a deficit.

RECOMMENDATION: Staff recommends that the City Council adopt Resolution No. 22–3362 adjusting the equivalent dwelling unit monthly fee for sewer service.

MONTCLAIR CITY COUNCIL MEETING - 06/20/2022 Page 174 of 186 Resolution No. 22–3362 Page 1 of 1
RESOLUTION NO. 22–3362

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF MONTCLAIR SETTING

THE EQUIVALENT DWELLING UNIT RATE

FOR SEWER SERVICE
WHEREAS, on July 22, 2019, the City Council of the City of Montclair conducted a public hearing to discuss maximum sewer rates for the five–year period commencing July 1, 2019, and terminating June 30, 2024; and
WHEREAS, the City Council of the City of Montclair approved the rates as recommended by staff; and
WHEREAS, the maximum monthly rate to be charged per equivalent dwelling unit (EDU) for the period commencing July 1, 2022, and ending June 30, 2023, is set as follows:

Part 1 Fee – Inland Empire Utilities Agency Treatment Fee $ 21.86 Part 2 Fee – City Sewer Maintenance Fund 7.78
Part 3 Fee – City Sewer Replacement Fund 1.50
Total Maximum Monthly EDU Rate $31.14; and
WHEREAS, the Regional Advisory Committees and the Board of Directors of Inland Empire Utilities Agency (IEUA) have approved the Regional Wastewater Program Budget with an associated sewer service rate for Fiscal Year 2022–23; and WHEREAS, effective July 1, 2022, IEUA has set the total service rate for the operation and maintenance of the regional sewage system and the treatment of domestic sewage at $21.86 per equivalent dwelling unit (EDU) per month.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Montclair does hereby set the monthly EDU rate as follows:

Part 1 Fee – Inland Empire Utilities Agency Treatment Fee $ 21.86 Part 2 Fee – City Sewer Maintenance Fund 7.78
Part 3 Fee – City Sewer Replacement Fund 1.50
Total Maximum Monthly EDU Rate $31.14
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. 22–3362 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 - 06/20/2022 Page 175 of 186 Personnel Committee Minutes – June 6, 2022 Page 1 of 1

MINUTES OF THE MEETING OF THE MONTCLAIR

PERSONNEL COMMITTEE HELD ON MONDAY,
JUNE 6, 2022, AT 6:30 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 6:30 p.m.

II. ROLL CALL

Present: Mayor Pro Tem Ruh, Council Member Johnson, City Manager Starr, and Director of Human Services Richter
III. APPROVAL OF MINUTES
A. Minutes of the Regular Personnel Committee Meeting of May 16, 2022.

Moved by Council Member Johnson, seconded by Mayor Pro Tem Ruh, and carried unanimously to approve the minutes of the Personnel Committee meeting of May 16, 2022.

IV. PUBLIC COMMENT – None
V. CLOSED SESSION
At 6:31 p.m., the Personnel Committee went into Closed Session regarding personnel matters related to appointments, resignations/ terminations, and evaluations of employee performance.

At 6:55 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 6:55 p.m., Mayor Pro Tem Ruh adjourned the Personnel Committee.

Submitted for Personnel Committee approval,
Edward C. Starr
City Manager
MONTCLAIR CITY COUNCIL MEETING - 06/20/2022 Page 176 of 186

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – June 6, 2022 Page 1 of 10

MINUTES OF THE REGULAR JOINT MEETING OF THE MONTCLAIR

CITY COUNCIL, SUCCESSOR AGENCY AND MONTCLAIR HOUSING

CORPORATION BOARDS, MONTCLAIR HOUSING AUTHORITY

COMMISSION, AND MONTCLAIR COMMUNITY FOUNDATION
BOARD HELD ON MONDAY, JUNE 6, 2022 AT 7:00 P.M. IN THE
CITY COUNCIL CHAMBERS, 5111 BENITO STREET, MONTCLAIR,

CALIFORNIA
I. CALL TO ORDER
Mayor/Chair Dutrey called the meeting to order at 7:00 p.m.

II. INVOCATION
Reverend Maggie Burbank–Yenoki, Monte Vista Unitarian Universalist Congregation, gave the invocation.

III. PLEDGE OF ALLEGIANCE
Council Member/Director Lopez 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; Executive Director of Public Safety/Police Chief Avels; City Attorney Robbins; City Clerk Myrick
V. PRESENTATIONS — None
VI. PUBLIC COMMENT — None
VII. PUBLIC HEARINGS
A. Second Reading — Consider Adoption of Ordinance No. 22–1001 Amending Sections Within Chapters 6.02; Amending Section

6.16.020; Repealing Sections 6.16.025 and 6.16.030; and Adding Chapter 6.17 to the Montclair Municipal Code Establishing a Mandatory Organic Waste Disposal Reduction Program
Mayor Dutrey declared it the time and place set for public hearing to consider first reading of Ordinance No. 22–1001 and invited comments from the public.

Mrs. Carolyn Raft, resident, asked if businesses will need to convert to using three bins.

City Manager Starr advised non–food service businesses will not need to acquire additional bins, and those with food waste will do the same as residential customers by separating organic waste into bags and using their green waste bins. He noted tier 1 and tier 2 restaurants have more strict requirements.

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

Moved by Council Member Johnson, seconded by Council Member Lopez, and carried that Ordinance No. 22–1001 be read by number and title only, further reading be waived, and this be declared its second reading; and that the City Council adopt Ordinance No. 22–1001.

Council Member Lopez restated his disagreement with state mandates and the resulting rate increases imposed on residents. He encouraged residents to vote for legislators who do not support such mandates on local governments.

Mayor Pro Tem Ruh concurred and emphasized the need for other solutions such as waste–to–energy plants.

Ordinance No. 22–1001 was adopted 5–0 by the following vote:

MONTCLAIR CITY COUNCIL MEETING - 06/20/2022 Page 177 of 186

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – June 6, 2022 Page 2 of 10 AYES: Lopez, Martinez, Johnson, Ruh, Dutrey
NOES: None
ABSTAIN: None
ABSENT: None
B. Consider Adoption of Resolution No. 22–3350 Granting Final Adoption of the 5006 and 5010 Mission Boulevard Industrial Warehouse Project Initial Study/Mitigated Negative Declaration (SCH#2022030195) and Mitigation Monitoring and Reporting Program, and Approving the Project Under Case No. 2022–07 Consider Adoption of Resolution No. 22–3351 Approving a General Plan Amendment to Change the Land Use Designation of Two Parcels Totaling 2.5 Acres from “General Commercial” to “Business Park”
Consider Adoption of Resolution No. 22–3352 Approving
Tentative Parcel Map No. 20393 to Merge Three Parcels Into a Single 5.13–Acre Site at 5006 and 5010 Mission Boulevard Mayor Dutrey declared it the time and place set for public hearing to consider Resolution Nos. 22–3350, 22–3351, and 22–3352 and invited comments from the public.

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

Mayor Pro Tem Ruh asked if this property used to house an RV storage park.

Director of Community Development Diaz advised it did in the past, but has been vacant for several years.

Mayor Pro Tem Ruh asked if the site would need to be cleared of harmful chemicals that may have seeped into the ground.

Director Diaz stated the builder would be responsible for performing soils reports and taking mitigation measures.

Council Member Lopez asked if the concerns about noise and traffic in the letter submitted to the Planning Commission after the Environmental Impact Report (EIR) comment deadline had been addressed.

Director Diaz advised that, although the letter was not submitted in time to be included with the EIR, all concerns brought forth are addressed in the Mitigation Monitoring and Reporting Program.

Council Member Lopez asked if the owner have shared information about potential businesses that would occupy the buildings.

Director Diaz stated that information has not been shared.

Moved by Council Member Lopez, seconded by Council Member Johnson, and carried 5–0, the City Council took the following actions:

1. Adopted Resolution No. 22–3350 granting final adoption of the 5006 and 5010 Mission Boulevard Industrial Warehouse Project Initial Study/Mitigated Negative Declaration (SCH#2022030195) and Mitigation Monitoring and Reporting Program, and
approving the project under Case No. 2022–07;

2. Adopted Resolution No. 22–3351 approving a General Plan Amendment to change the land use designation of two Parcels totaling 2.5 acres from “General Commercial” to “Business Park”; and

3. Adopted Resolution No. 22–3352 approving Tentative Parcel Map No. 20393 to merge three parcels into a single 5.13–acre site at 5006 and 5010 Mission Boulevard.

VIII. CONSENT CALENDAR
Mayor Pro Tem Ruh requested clarification on Item C–1.

MONTCLAIR CITY COUNCIL MEETING - 06/20/2022 Page 178 of 186

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – June 6, 2022 Page 3 of 10 Council Member Johnson requested the same for Items B–4 and C–3.

Council Member Lopez noted he had comments on Item B–3.

Mayor Dutrey entertained discussion on Items B–3, B–4, C–1, and C–3 prior to the vote on the Consent Calendar.

Moved by Council Member/Director Lopez, seconded by Mayor Pro Tem/Vice Chair Ruh, and carried unanimously 5–0, the City Council approved the Consent Calendar with discussion held on Items B–3, B–4, C–1, and C–3:

A. Approval of Minutes

1. Regular Joint Meeting — May 16, 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 May 16, 2022 regular joint meeting.

B. Administrative Reports

1. Approval of City Warrant Register and Payroll Documentation The City Council approved the City Warrant Register dated June 6, 2022, totaling $1,998,802.04; and the Payroll Documentation dated May 8, 2022, amounting to $675,205.75 gross, with $468,590.13 net being the total cash disbursement.

2. Authorizing Mayor Dutrey to Sign a Letter of Support for Governor Newsom’s Proposed CARE Court Program
The City Council authorized Mayor Dutrey to sign a letter of support for Governor Newsom’s proposed CARE Court program.

3. Amending the 2019–2024 Capital Improvement Program to Add the Fire Station No. 2 Landscaping Project
Authorizing a $30,000 Appropriation from 2021 Lease
Revenue Bond Funds for Costs Related to the Construction of the Fire Station No. 2 Landscaping Project
Approving the Plans and Specifications and Authorizing
Staff to Advertise for Bid Proposals for the Fire Station No. 2 Landscaping Project
Council Member Lopez stated he is pleased to see this issue is being addressed after his requests for the past two years. He asked if staff would seek input from the Chino Basin Water Conservation District (CBWCD) for drought–tolerant
landscape design.

City Manager Starr advised CBWCD was involved in the design process.

The City Council took the following actions:
(a) Amended the 2019–2024 Capital Improvement Program
to add the Fire Station No. 2 Landscaping Project.
(b) Authorized a $30,000 appropriation from 2021 Lease
Revenue Bond funds for costs related to the construction of the Fire Station No. 2 Landscaping Project.
(c) Approved the plans and specifications and authorize staff to advertise for bid proposals for the Fire Station No. 2 Landscaping Project.

4. Authorizing the Purchase of Four Pepper Projectile Systems, Spare Tanks, and Projectiles, Defined as Military Equipment Under Assembly Bill 481
Authorizing a $5,700 Appropriation from the Federal Asset Forfeiture Fund to Purchase Four Pepper Projectile Systems, Spare Tanks, and Projectiles
MONTCLAIR CITY COUNCIL MEETING - 06/20/2022 Page 179 of 186

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – June 6, 2022 Page 4 of 10 Council Member Johnson asked if the “spare tanks” were directly related to the projectiles or if they were the vehicular kind.

Executive Director of Public Safety/Police Chief Avels clarified that the tanks are compressed air tanks used for the projectiles.

The City Council took the following actions:
(a) Authorized the purchase of four pepper projectile
systems, spare tanks, and projectiles, defined as military equipment under Assembly Bill 481.
(b) Authorized a $5,700 appropriation from the Federal Asset Forfeiture Fund to purchase four pepper projectile
systems, spare tanks, and projectiles.

5. Authorizing the Purchase of a Lenco BearCat G3 Tactical Armored Vehicle, Defined as Military Equipment Under
Assembly Bill 481, and Required Radio Components,
Installation, and Applied Graphics in the Total Amount of $336,600 from the Public Safety Grant Fund
Authorizing a $2,110.24 Appropriation from the Federal
Asset Forfeiture Fund to Purchase an Armored Oil Pan Guard for the Lenco BearCat G3 Tactical Armored Vehicle
The City Council took the following actions:
(a) Authorized the purchase of a Lenco BearCat G3 tactical armored vehicle, defined as military equipment under
Assembly Bill 481, and required radio components,
installation, and applied graphics in the total amount of $336,600 from the Public Safety Grant Fund.
(b) Authorized a $2,110.24 appropriation from the Federal Asset Forfeiture Fund to purchase an armored oil pan
guard for the Lenco BearCat G3 tactical armored vehicle.

C. Agreements

1. Approval of Agreement No. 22–20 Amending Agreement No. 05–03 with San Bernardino County Transportation Authority (SBCTA Contract No. 22–1002771) Assigning Maintenance
Responsibilities to the City of Montclair for the Portion of the Pacific Electric Trail Between Monte Vista Avenue and Claremont Boulevard, Subject to Any Revisions Deemed
Necessary by the City Attorney
Mayor Pro Tem Ruh asked if the City is now responsible for maintenance of the Pacific Electric Trail.

City Manager Starr stated the City is only responsible for the portion between Claremont Avenue and Monte Vista Avenue.

Council Member Lopez asked, if Upland is responsible for the portion north of the Montclair Transcenter, why did the Montclair Fire Department respond to an incident on that portion of the trail last year?
City Manager Starr advised the closest Fire Department will usually respond to an incident due to mutual aid agreements between fire agencies that are not related to the agreements for maintenance of the trail.

The City Council approved Agreement No. 22–20 amending
Agreement No. 05–03 with San Bernardino County Transportation Authority (SBCTA Contract No. 22–1002771) assigning maintenance responsibilities to the City of Montclair for the portion of the Pacific Electric Trail between Monte Vista Avenue and Claremont Boulevard, subject to any revisions deemed necessary by the City Attorney.

MONTCLAIR CITY COUNCIL MEETING - 06/20/2022 Page 180 of 186

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – June 6, 2022 Page 5 of 10

2. Approval of Agreement No. 22–47 with the San Bernardino County Office of Emergency Services Authorizing the
Receipt of $16,186 from the FY 2021 Emergency
Management Performance Grant/American Rescue Plan Act
Authorizing Director of Public Safety/Police Chief Robert Avels to Sign Said Agreement
Authorizing a $16,186 Appropriation from the Public Safety Grant Fund for the Purchase of Equipment to Upgrade the Emergency Operations Center (EOC)
Authorizing Appropriations from the Contingency Fund in the Amounts of $16,186 as a Dollar–for–Dollar Match to
Receive the Grant Funds, and $6,056.82 to Cover the
Remaining Balance of the EOC Upgrade Costs
The City Council took the following actions:
(a) Approved Agreement No. 22–47 with the San Bernardino County Office of Emergency Services authorizing the
receipt of $16,186 from the FY 2021 Emergency
Management Performance Grant/American Rescue Plan
Act.
(b) Authorized Director of Public Safety/Police Chief Robert Avels to sign said Agreement.
(c) Authorized a $16,186 appropriation from the Public
Safety Grant Fund for the purchase of equipment to
upgrade the Emergency Operations Center (EOC).
(d) Authorized appropriations from the Contingency Fund in the amounts of $16,186 as a dollar–for–dollar match to
receive the grant funds, and $6,056.82 to cover the
remaining balance of the EOC upgrade costs.

3. Approval of Agreement No. 22–50 with Chaffey Joint Union High School District for Specialized Law Enforcement
Services During Fiscal Year 2022–23, Subject to Any
Revisions Deemed Necessary by the City Attorney
Council Member Johnson stated she is glad the City has a school resource officer at Montclair High School, and asked if the City has talked to Ontario–Montclair School District (OMSD) about having police presence at the middle and elementary schools after some recent gun threats made to one of the OMSD
schools.

Executive Director/Police Chief Avels advised in the past there have been school resource officers at OMSD schools, and in the wake of the recent mass shooting at Robb Elementary School in Uvalde, Texas, the Montclair Police Department has been in discussion with OMSD and provided additional services to the schools; however, there is no active contract for a school resource officer for OMSD and the Department currently lacks the staff to provide one.

The City Council approved Agreement No. 22–50 with Chaffey Joint Union High School District for specialized law enforcement services during Fiscal Year 2022–23, subject to any revisions deemed necessary by the City Attorney.

4. Amending the 2019–2024 Capital Improvement Program to Add the Sunset Park Improvement Project
Approval of Agreement No. 22–52 with L.D. King, Inc., for Design Services for the Sunset Park Improvement Project in the Amount of $248,990, Subject to Any Revisions Deemed Necessary by the City Attorney
Authorizing a $50,388 Appropriation from California
Department of Parks and Recreation Per Capita Grant Funds and a $198,602 Appropriation from 2021 Lease Revenue
MONTCLAIR CITY COUNCIL MEETING - 06/20/2022 Page 181 of 186

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – June 6, 2022 Page 6 of 10 Bond Funds for Design Services for the Sunset Park
Improvement Project
The City Council took the following actions:
(a) Amended the 2019–2024 Capital Improvement Program
to add the Sunset Park Improvement Project.
(b) Approved Agreement No. 22–52 with L.D. King, Inc., for design services for the Sunset Park Improvement Project in the amount of $248,990, subject to any revisions
deemed necessary by the City Attorney.
(c) Authorized a $50,388 appropriation from California
Department of Parks and Recreation Per Capita Grant
funds and a $198,602 appropriation from 2021 Lease
Revenue Bond funds for design services for the Sunset
Park Improvement Project.

5. Approval of Agreement No. 22–56 with CPS HR Consulting for Recruitment Test Rental Services
Authorizing Human Services Director Marcia Richter to Sign Said Agreement and Related Documents
The City Council took the following actions:
(a) Approved Agreement No. 22–56 with CPS HR Consulting for recruitment test rental services.
(b) Authorized Human Services Director Marcia Richter to sign said Agreement and related documents.

6. Approval of Agreement No. 22–57 with the San Bernardino County Department of Aging and Adult Services to Accept an Award to Provide the Senior Citizen Nutrition Program Authorizing Human Services Director Marcia Richter to Sign Said Agreement and Any Amendments Thereto
The City Council took the following actions:
(a) Approved Agreement No. 22–57 with the San Bernardino County Department of Aging and Adult Services to accept an award to provide the Senior Citizen Nutrition Program. (b) Authorized Human Services Director Marcia Richter to sign said Agreement and any amendments thereto.

7. Approval of Agreement No. 22–58 with Ontario–Montclair School District to Support the Montclair After–School
Program, Subject to Any Revisions Deemed Necessary by the City Attorney
The City Council approved Agreement No. 22–58 with Ontario– Montclair School District to support the Montclair After–School Program, subject to any revisions deemed necessary by the City Attorney.

8. Approval of Agreement No. 22–59 with Ontario–Montclair School District to Support the Montclair After–School
Summer Expanded Learning Program, Subject to Any
Revisions Deemed Necessary by the City Attorney
The City Council approved Agreement No. 22–59 with Ontario– Montclair School District to support the Montclair After–School Summer Expanded Learning Program, subject to any revisions deemed necessary by the City Attorney.

D. Resolutions

1. Adoption of Resolution No. 22–3349 Authorizing Placement of Liens on Certain Properties for Delinquent Sewer and Trash Charges
The City Council adopted Resolution No. 22–3349 authorizing MONTCLAIR CITY COUNCIL MEETING - 06/20/2022 Page 182 of 186

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – June 6, 2022 Page 7 of 10 placement of liens on certain properties for delinquent sewer and trash charges.

2. Adoption of Resolution No. 22–3353 Correcting the
Appropriations Limit Established for Fiscal Year 2021–22 Pursuant to Article 13–B of the California Constitution and to Section 7910 of the Government Code
The City Council adopted Resolution No. 22–3353 correcting the appropriations limit established for Fiscal Year 2021–22 pursuant to Article 13–B of the California Constitution and to Section 7910 of the Government Code.

3. Adoption of Resolution No. 22–3354 Authorizing the City Manager to Execute Agreements with the California
Department of Transportation for the Sunset Park
Beautification Project
The City Council adopted Resolution No. 22–3354 authorizing the City Manager to execute agreements with the California Department of Transportation for the Sunset Park Beautification Project.

4. Adoption of Resolution No. 22–3355 Making Factual
Findings in Compliance with AB 361 for the Continuation of Public Meeting Teleconferencing During Public Health
Emergencies for the Period of June 6, 2022, through July 6, 2022
The City Council adopted Resolution No. 22–3355 making
factual findings in Compliance with AB 361 for the continuation of public meeting teleconferencing during public health emergencies for the period of June 6, 2022, through July 6, 2022.

5. Adoption of Resolution No. 22–3356 Approving a List of Projects to be Funded in FY 2022–23 by Senate Bill 1, the California Road Repair and Accountability Act of 2017
The City Council adopted Resolution No. 22–3356 approving a list of projects to be funded in FY 2022–23 by Senate Bill 1, the California Road Repair and Accountability Act of 2017.

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

1. Human Services Department — Upcoming Events & Programs Human Services Director Richter announced the following:
(a) The Memorial Day event took place last Monday. She
thanked the Community Activities Commissioners and
staff for assisting with the program, noting the event was well–received and a “thank you” note was received today from a resident who attended.
(b) Over 3,500 people participated in the Country Fair
Jamboree on Saturday, enjoying over 40 vendors, carnival rides, the Splash Pad, food, games, contests, and music. (c) Bingo started back up today at the Senior Center and over 100 lunches were served. Bingo will take place following lunch on Mondays from 1:00 to 4:00 p.m.; other Senior
Center programming starting back up this week includes
Line Dancing on Thursdays from 1:00 to 2:00 p.m., and on Fridays: Arts and Crafts from 9:00 to 11:30 a.m. and Bridge from 1:00 to 3:30 p.m. A representative from the
Department of Aging and Adult Services will be at the
Senior Center from noon to 10:00 a.m. on Thursday, June 23rd. The Senior Center is now open Monday through
Friday, 8:00 a.m. to 5:00 p.m.

MONTCLAIR CITY COUNCIL MEETING - 06/20/2022 Page 183 of 186

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – June 6, 2022 Page 8 of 10 (d) The 61st Annual Summer Concert and Movie Series will begin next Tuesday night at Alma Hofman Park. The
concert and movie schedule can be found on the City’s
website, and a postcard will be mailed to all residents.

Bands start at 7:00 p.m. and movies start at 8:00 p.m.

During these evenings, there will be free children’s
activities, refreshments for sale, and the Splash Pad will be open until 8:00 p.m.

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
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/Executive Director Starr gave Mayor/Chair Dutrey his best wishes during this difficult time of his father’s terminal illness.

D. Mayor/Chair

1. Mayor Dutrey made the following comments:
(a) He recognized the following causes, celebrations, and remembrances for the month of June: the 78th anniversary of D–Day on June 6th; Philippines Independence Day on
June 12th; National Flag Day on June 14th; Father’s Day and Juneteenth on June 19th; Caribbean American Heritage Month; and LGBT Pride Month. He recognized and thanked
contributions of residents of Caribbean heritage, and
LGBTQ+ residents.
(b) He stated last Friday he spoke with Senator Susan Rubio, who will soon be representing Montclair in the California Senate, about her support for the Gold Line’s construction to Montclair. He added this is a key week for the Gold
Line Construction Authority, noting Senator Anthony
Portantino, Chair of the Senate Appropriations
Committee, and Assembly Member Chris Holden, Chair
of the Assembly Appropriations Committee, are both
pushing for $750 million in the state’s budget to bridge the current funding gap.
(c) He reported his attendance, along with Council Member Johnson, Mayor Pro Tem Ruh, and City staff, at the
Innovating Commerce Serving Communities (ICSC)
Conference in Las Vegas to promote business and
development opportunities in the City.
(d) He noted he is wearing a lapel pin of the Basque flag alongside his American flag pin in honor of his father, without whom he would not have gone into politics.

E. Council Members/Directors

1. Mayor Pro Tem/Vice Chair Ruh made the following comments:
(a) He noted he was also present during the meeting with Senator Rubio, who is fully supportive of the Gold Line’s extension to Montclair.

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Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – June 6, 2022 Page 9 of 10 (b) He noted there were several good prospects at the ICSC Conference including a developer who converts existing
buildings into affordable housing.
(c) He noted today is also National Hunger Awareness Day, noting food insecurity is a huge problem in this nation and many children and seniors in our own community suffer
from hunger on a daily basis, which should not happen in an advanced society.
(d) He stated he thoroughly enjoyed the Country Fair
Jamboree, and described an act of true heroism he
witnessed at the event when an elderly man suddenly lost conscious-ness near the Montclair Hospital Medical
Center booth, and the medical staff present rushed to his aid until paramedics arrived.
(e) He attended the Memorial Day event recognizing the
sacrifices made by our local veterans, and acknowledged the lives lost during the Allied Forces’ invasion of
Normandy, France during World War II to liberate
northwest Europe from Nazi occupation, on the 78th
anniversary of D–Day.
(f) He stated tomorrow is Election Day and urged everyone to vote.

2. Council Member/Director Lopez made the following comments:
(a) He congratulated Mayor Pro Tem Ruh for being recognized as a top 20 individual in the 20th state senate district. (b) He recognized the veterans whose names were added to the Veterans Memorial Wall on Memorial Day: Rudy
Gomez, a former Montclair employee; Donald Vodvarka,
a former Planning Commissioner; Leonard Paulitz,
Montclair’s longest–serving Council Member; and longtime Montclair resident John Mendez.
(c) He urged residents to vote tomorrow.
(d) He wished Mayor Dutrey, his mother, and his family
prayers in this difficult time.

3. Council Member/Director Johnson commented as follows:
(a) She stated in the wake of several recent car accidents and complaints of drivers running stop signs, she would like the City to consider investing in more flashing stop signs throughout the City.

Mayor Dutrey suggested this be discussed at the upcoming budget review meeting.

Mayor Pro Tem Ruh asked that smart lights for traffic
signal timing also be included in that discussion.
(b) She thanked Mayor Dutrey for recognizing the many things to be celebrated this month and suggested the Council
Chamber exterior be illuminated in different colors to
recognize each month as well.
(c) She encouraged everyone to vote at the polls tomorrow in honor for those who died for that right, noting she will be doing so.

4. Council Member/Director Martinez commented as follows:
(a) She commended staff who helped to organize and
participated in the Country Fair Jamboree and Memorial
Day events.
(b) She thanked City Manager Starr for successfully funding the Pacific Electric Trail Bridge Replacement Project with MONTCLAIR CITY COUNCIL MEETING - 06/20/2022 Page 185 of 186

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Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – June 6, 2022 Page 10 of 10 contributions from other agencies and without using the General Fund.

F. Committee Meeting Minutes

1. Minutes of Public Works Committee Meeting of March 17, 2022
The City Council received and filed the minutes of the Public Works Committee meeting of March 17, 2022, for informational purposes.

2. Minutes of Personnel Committee Meeting of May 16, 2022 The City Council received and filed the minutes of the Personnel Committee meeting of May 16, 2022, for informational purposes.

XI. CLOSED SESSION
At 7:57 p.m., the City Council went into closed session to discuss labor negotiations.

XII. CLOSED SESSION ANNOUNCEMENTS
At 8:45 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 8:46 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.

The meeting was adjourned in memory of the victims of the mass shooting that took place in Uvalde, Texas at Robb Elementary School on Tuesday, May 24, 2022.

Submitted for City Council/Successor Agency
Board/Montclair Housing Corporation Board/
Montclair Housing Authority Commission/
Montclair Community Foundation Board approval,

Andrea Myrick
City Clerk
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