Montclair City Council
September 19, 2022

4. Relationship of the Parties – In performing the responsibilities hereunder, ILSCA is acting as an independent contractor, and nothing contained herein shall be construed to create a partnership, agency, joint venture, or employer/employee relationship between the Customer and ILSCA. ILSCA will be solely responsible for all employment and income taxes with respect to its compensation. Neither Customer or ILSCA has the authority to assume or create any obligation or responsibility, express or implied, on behalf of, or in the name of, the other Party or to bind such other Party in any way. Each Party shall be responsible for its own social security, withholding, and other applicable tax obligations.

5. Indemnification – Each Party (the “indemnifying Party”) hereby agrees to save, defend, indemnify and hold harmless the other party and its officers, directors, employees, consultants and agents (each an “indemnified Party”) from and against any and all losses, damages, liabilities, expenses and costs, including reasonable legal expense and attorneys’ fees (“Losses”), to which the Indemnified Party may become subject as a result of any claim, demand, action or other proceeding by any Third Party to the extent such Losses arise directly or indirectly out of activities performed by the Indemnifying Party pursuant to this Agreement, except to the extent such Losses result from the gross negligence or willful misconduct of any Indemnified Party. In the event an Indemnified Party seeks indemnification under this Section 5, it shall inform the Indemnifying Party of a claim as soon as reasonably practicable after it receives notice of the claim, shall permit the Indemnifying Party to assume direction and control of the defense of the claim (including the right to settle the claim solely for monetary consideration), and shall cooperate as requested (at the expense of the Indemnifying Party) in the defense of the claim.

6. Limitation of Liability – ILSCA shall not be liable for any indirect, special, punitive, or consequential damages which arise under or relate to this Agreement, including but not limited to lost profits. ILSCA’s aggregate liability under this Agreement shall be limited to the amount of fees paid by Customer hereunder. The Services are provided AS IS, without warranty.

7. Confidential Information – ILSCA acknowledges that any and all proprietary information supplied to ILSCA by or on behalf of Customer shall be treated as confidential and shall not be disclosed to any third party for any purpose except in connection with the provision of the Services provided hereunder. ILSCA shall take appropriate actions by instruction or agreement with each of its employees, contractors, agents and representatives to keep such information confidential.

8. Entire Agreement; Modification – This Agreement represents the entire agreement between the Parties with respect to the subject matter hereof and supersedes all other negotiations and agreements, written or verbal, between the Parties relating to the matters contemplated herby. This Agreement may not be amended, waived or changed except by written agreement signed by both ILSCA and Customer.

MONTCLAIR CITY COUNCIL MEETING – 09/19/2022 Page 122 of 179 Agreement No. 22–96

9. Price Adjustments – ILSCA shall have the right to increase the prices charged for the Services to reflect any change in the costs incurred to deliver such Services.

ILSCA shall use its reasonable efforts to prevent any such cost increment from occurring.

In the event that ILSCA seeks to increase the prices charged for the Services, ILSCA shall provide written notice to Customer at least three (3) months prior to such rise becoming effective.

10. Notices – All notices required or permitted under this Agreement shall be in writing and shall be deemed to have been duly give, made and received only when personally delivered, or one (1) day following the day when deposited with a commercially respected overnight delivery service such as Federal Express, or three (3) days following the day when deposited in the United State mails, to the following addresses:

If to ILSCA: If to Customer:

ILSCA City of Montclair
1050 North Mills Avenue 5111 Benito Street
Claremont, CA 91711 Montclair, CA 91763

11. Waiver – No failure or delay by any Party in exercising any right, power or privilege under this Agreement shall operate as a waiver thereof and any written waiver in one or more instances shall not be deemed to be a further or continuing waiver of any such right, power or privilege.

12. Successors and Assigns – Subject to the immediately succeeding sentence, this Agreement shall inure to the benefit of and be binding upon the Parties and their successors and assigns. Neither ILSCA nor Customer may assign or otherwise transfer its interest hereunder without the prior written consent of the other Party.

13. Severability – If any provision of this Agreement shall be held to be invalid or unenforceable, such invalidity or unenforceability shall not affect or impair the validity or enforceability of the remaining provisions of this Agreement, which shall remain in full force and effect, and the Parties hereto shall continue to be bound thereby.

14. Headings – The section headings in this Agreement are for conveniences only; they form no part of this Agreement and shall not affect its interpretation.

15. Governing Law – This Agreement shall be construed, and its validity determined by the laws of the State of California. Any suits, claims or cause of action arising from this Agreement shall be brought in a court in San Bernardino County, California and all objections to venue and personal jurisdiction in such forum are waived. Should any litigation, including appellate proceedings, be required by ILSCA to obtain payment of the Service Fee or any other fees or expenses provided for herein, Customer shall be obligated to pay ILSCA’s reasonable attorneys’ fees actually incurred, interest, and other costs incident to collection if ILSCA is determined to be the prevailing party.

MONTCLAIR CITY COUNCIL MEETING – 09/19/2022 Page 123 of 179 Agreement No. 22–96

16. Counterparts – This Agreement may be executed in separate counterparts.

Scanned copies of this Agreement and any signature heron shall for all purposes be considered as originals.

IN WITNESS WHEROF, the Parties have executed this Agreement as of the Effective Date.

ACCEPTED AND AGREED TO BY:

CITY OF MONTCLAIR INTERNATIONAL LANGUAGE SCHOOL

FOR CHILDREN AND ADULTS
Name (Print): Javier John Dutrey Name (Print):

Title: Mayor Title:

Signature: Signature:

Date: Date:

ATTEST
Name (Print): Andrea M. Myrick
Title: City Clerk
Signature:

Date:

MONTCLAIR CITY COUNCIL MEETING – 09/19/2022 Page 124 of 179 Agreement No. 22–96

EXHIBIT A
Language Testing Services
LIVE AUDIO INTERPRETATION ASSESSMENT: ILSCA shall provide interpretation assessments for individuals identified by Customer in the language(s) specified by Customer and offered by ILSCA.

A) Customer will arrange for the language evaluation testing date and times with ILSCA. ILSCA’s office hours are Monday through Friday, from 9 a.m. PT to 6 p.m. PT.

B) Customer may change the schedule for the testing, without penalty, up to 6 p.m. PT on the business day (i.e., Monday through Friday) prior to the test.

C) ILSCA will provide a 15-minute period for each candidate to appear for his or her scheduled language evaluation test. Candidates are free to call in 5 minutes prior to and 10 minutes following the scheduled start time of their test. If candidate fails to appear by the 10-minute additional time period, Customer will be charged for the testing as if it had taken place and will be required to reschedule such candidate’s evaluation testing if it so desires.

D) ILSCA will score each candidate’s performance according to specified grading criteria.

E) The results of all evaluations will be submitted by ILSCA to Customer’s administrative contact by email.

F) ILSCA will not discuss the testing results with the testing candidate.

PAPER WRITING ASSESSMENT: ILSCA shall provide paper writing and/or translation assessments for individuals identified by Customer in the language(s) specified by Customer and offered by ILSCA.

A) Customer will assign the test in person at their location.

B) Customer will submit completed exams back to ILSCA through email.

C) ILSCA will score each candidate’s performance according to specified grading criteria.

D) The results of all evaluations will be submitted by ILSCA to Customer’s administrative contact by email.

E) ILSCA will not discuss the testing results with the testing candidate.

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EXHIBIT B

Testing Item Cost
Oral Assessment $60*
Written Assessment $90
*Cancellation Policy for Oral Assessment Testing: Cancellations can be done at no charge by contacting ILSCA by 6 p.m. PT on the business day before the test. Later cancellations will be charged the full amount. Tests scheduled on the same day cannot be cancelled.

MONTCLAIR CITY COUNCIL MEETING – 09/19/2022 Page 126 of 179

CITY COUNCIL

AGENDA REPORT
DATE: SEPTEMBER 19, 2022
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 7
FILE I.D.: CAT025
DEPT.: CITY MGR.

PREPARER: E. STARR
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 22–97, AMENDMENT NO. 3 TO AGREEMENT NO. 95–73, AS AMENDED, WITH DIANE E. ROBBINS OF ROBBINS &

HOLDAWAY, A PROFESSIONAL CORPORATION, TO CONTINUE PROVIDING LEGAL

SERVICES TO THE CITY OF MONTCLAIR, MONTCLAIR SUCCESSOR REDEVELOPMENT

AGENCY, MONTCLAIR HOUSING CORPORATION, MONTCLAIR HOUSING AUTHORITY AND OTHER CITY–RELATED LEGAL ENTITIES
REASON FOR CONSIDERATION: The Montclair City Council, City Council acting as Successor to the Montclair Redevelopment Agency Board of Directors, Montclair Housing Corporation Board of Directors, Montclair Housing Authority Commissioners and other City–related legal entities (hereafter collectively the “Agency”) are requested to consider approval of Agreement No. 22–97 (Amendment No. 3 to Agreement No. 95–73) with Diane E. Robbins of the law firm Robbins & Holdaway, a Professional Corporation (hereafter the “Attorney”), to continue to provide professional services to the Agency.

BACKGROUND: Diane E. Robbins has provided City Attorney legal services to the Agency since December 1995. Those services are covered by Agreement No. 95–73, as amended by Agreement No. 03–19 (Amendment No. 1) and Agreement No. 17–13 (Amendment No. 2).

Proposed Agreement No. 22–97 provides for the following revisions:

1. Change to Retainer Fee. An increase in the current retainer fee from $6,400 per month to $8,000 per month. The retainer fee is PERSable—reportable as pay to the California Public Employee Retirement System (CalPERS) for calculation into pension benefits.

2. Change to hourly rate for hours billable to the Retainer Fee. Retention of forty (40) hours of professional legal services, billable under the $8,000 per month retainer fee, at a rate of $200 per hour—representing an increase from the current hourly rate of $160.

3. Change to hourly rate for hours billable above the retainer fee. Professional services above the forty (40) hours included under the monthly retainer fee would be billed at a rate of $250 per hour—an increase from the current hourly rate of $210. Payments for professional services above the $8,000 per month retainer fee are not PERSable.

4. Change to hourly rate for Special Counsel services. Special counsel services, currently billed at $260 per hour, would be billed at a rate of $300 per hour.

Special Counsel services are not PERSable.

5. Other terms and conditions. All other terms and conditions remain unchanged.

MONTCLAIR CITY COUNCIL MEETING – 09/19/2022 Page 127 of 179 FISCAL IMPACT: Provisions of Agreement No. 22–97 would be effective October 1, 2022, and would result in the following fiscal impacts:

1. Annual retainer fee. The annual retainer fee would increase from $76,800 to $96,000. The $96,000 is PERSable.

2. Hourly rate above the retainer fee. Based on an average of 67 billable hours monthly, or 804 billable hours annually, the 324 annual billable hours above the 480 annual retainer hours, billed at a rate of $250 per hour, would be $81,000 annually; versus $68,040 annually under the current, billable hourly rate of $210 per hour.

3. Special Counsel hourly rate. Special counsel services, currently billed at $260 per hour, would be billed at a rate of $300 per hour. Annual costs for Special Counsel are indeterminate, and are based on agency needs in relation to services requiring special counsel services related to the incumbent’s specialty in areas that include redevelopment, affordable housing, and economic development.

For purposes of comparison, the hourly rate for several law firms representing the City in areas of specialize needs are as follows (these comparisons may vary based on the associate/partnership status of an attorney within each of the subject firms):
 Atkinson, Andelson, Loya, Ruud & Romo – $325 per hour  Bordin Semmer – $235 per hour
 Colantuono, Highsmith & Whatley – $395 per hour
 Richards, Watson & Gershon – $395 per hour
 Zappia Law Firm – $275 per hour
The City Manager incorporated into the Fiscal Year 2022–23 General Fund Budget anticipated increases in the City Attorney’s retainer fee and hourly billable rate.

RECOMMENDATION: Staff recommends the City Council approve Agreement No. 22– 97, Amendment No. 3 to Agreement No. 95–73, as amended, with Diane E. Robbins of Robbins & Holdaway, a Professional Corporation, to continue providing legal services to City of Montclair, Montclair Successor Redevelopment Agency, Montclair Housing Corporation, Montclair Housing Authority and other City–related legal entities.

MONTCLAIR CITY COUNCIL MEETING – 09/19/2022 Page 128 of 179 1 of 6
AGREEMENT NO. 22-97 (AMENDMENT NO. 3)

FOR LEGAL SERVICES
THIS AGREEMENT is made and entered into this 20th day of September, 2022, by and between the CITY OF MONTCLAIR, a municipal corporation (hereinafter the “CITY”); the

SUCCESSOR REDEVELOPMENT AGENCY, MONTCLAIR HOUSING AUTHORITY, MONTCLAIR HOUSING CORPORATION, and other City-related legal entities (hereinafter collectively the “AGENCY”); and DIANE E. ROBBINS of the firm Robbins and Holdaway, a professional corporation (hereinafter the “ATTORNEY”).

WITNESSETH:

WHEREAS, ATTORNEY has been acting as City Attorney for City and as Counsel for Agency since December, 1995;
WHEREAS, Agreement No. 95-73, as amended by Agreements No. 03-19 (Amendment No. 1) and 17-13 (Amendment No. 2), currently sets forth the Agreement for Legal Services between ATTORNEY and CITY/AGENCY; and
WHEREAS, ATTORNEY, CITY and AGENCY desire to update the existing Agreement for Legal Services to increase the Retainer and to provide for special counsel service to be provided by attorney Mark J. Huebsch;
NOW, THEREFORE, BE IT MUTUALLY AGREED as follows:

1. TERM: The Term of this Agreement shall be continuous, without any specified period. CITY and AGENCY may terminate this Agreement at any time. ATTORNEY MONTCLAIR CITY COUNCIL MEETING – 09/19/2022 Page 129 of 179 AGREEMENT NO. 22-97
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may terminate this Agreement upon the giving of thirty (30) days’ notice, in writing, to the CITY and AGENCY.

2. COMPENSATION:

A. For a retainer fee of Eight Thousand Dollars ($8,000) per month, ATTORNEY agrees to provide forty (40) hours of billable time at the hourly rate of $200.00 per hour relating to the following matters:
(i) Attend two (2) regular City Council meetings, designated City Council subcommittees, and two (2) regular Planning Commission meetings, together in their entirety, per month, for the purpose of giving the City Council, and the Planning Commission members any legal advice as may be required during such meetings. (ii) Perform those services and duties as set forth on Exhibit “A” attached hereto.

B. For any hours in excess of forty hours per month as set forth in paragraph

2.A. above, ATTORNEY shall be compensated at the hourly rate of $250.00 per hour.

Notwithstanding the foregoing, for special counsel service rendered to CITY/AGENCY by Mark J. Huebsch, of the firm Robbins & Holdaway, ATTORNEY shall be compensated at the hourly rate of $300.00 per hour for all hours of special counsel service, subject to provisions of Section C of this Agreement.

C. ATTORNEY will charge CITY/AGENCY for photocopies ($.20 per page), mailing fees, messenger services, computer database (e.g. Westlaw) searches (billed at vendor’s standard rate), and reimbursement for court costs, process server fees, and other similar third party fees. A detailed description of the work performed and the costs and expenses advanced by ATTORNEY will be prepared on a monthly basis as of the last day of the month. Hourly rate services will be charged to CITY/AGENCY at a minimum increment of one-tenth hour, including MONTCLAIR CITY COUNCIL MEETING – 09/19/2022 Page 130 of 179 AGREEMENT NO. 22-97
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reasonable travel time billed portal-to-portal. When time spent by ATTORNEY on a particular service exceeds one-tenth hour, the charge will be rounded up to the next one-tenth hour increment.

3. BENEFITS: The City shall continue to provide ATTORNEY with the following benefits as provided for department heads in the Executive Management Agreement: health (medical, dental, and optical) insurance coverage, life and accidental death and dismemberment insurance, deferred compensation, and continued coverage in the California Public Employee Retirement System (CalPERS). ATTORNEY shall continue to pay eight percent (8%) of the CalPERS employee/member rate, and CITY shall pay any remaining balance of the employee rate.

4. ASSOCIATE: ATTORNEY agrees that her associates, Richard E.

Holdaway and Mark J. Huebsch, of the firm Robbins and Holdaway, a professional corporation, will be available to provide the legal services at the compensation called for herein if, or whenever, ATTORNEY is not available. Richard E. Holdaway shall serve as Deputy City Attorney; provided however, neither Richard E. Holdaway or Mark J. Huebsch shall be eligible for BENEFITS defined in “Section 3” of this AGREEMENT.

5. MISCELLANEOUS: ATTORNEY maintains errors and omissions insurance coverage applicable to the services to be rendered.

6. EFFECTIVE DATE: This Agreement shall become effective as of October 1, 2022.
[SIGNATURES ON FOLLOWING PAGE]
MONTCLAIR CITY COUNCIL MEETING – 09/19/2022 Page 131 of 179 AGREEMENT NO. 22-97
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IN WITNESS WHEREOF, this Agreement has been executed this 20th, day of September, 2022, at Montclair, California.

CITY / AGENCY:

Date: _______________________ By:_______________________________________ JAVIER “JOHN” DUTREY
Mayor / Chairman
ATTEST:

Date: _______________________ By:_______________________________________ ANDREA M. MYRICK,
City Clerk / Agency Secretary
ATTORNEY:

Date: _______________________ __________________________________________ DIANE E. ROBBINS
Robbins and Holdaway
a professional corporation
MONTCLAIR CITY COUNCIL MEETING – 09/19/2022 Page 132 of 179 AGREEMENT NO. 22-97
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EXHIBIT “A”

ATTORNEY SERVICES
Except as provided elsewhere in this Agreement, ATTORNEY shall provide, in a professional manner, all of the usual, customary and necessary services normally provided by a City Attorney to a CITY and to AGENCY, as those services are required. The scope of services to be provided shall include the following:

1. Serve as retained counsel for the City Council, Planning Commission, Successor Redevelopment Agency, Successor Housing Authority, Housing Corporation, and other Cityrelated legal entities; advise the governing board and staff on legal matters.

2. Represent the City in administrative law and civil court actions.

3. Recommend counsel representation for cases requiring specialized legal assistance; confer with other legal counsel on matters of litigation; coordinate City Prosecutor Program; and monitor activities of any Special Counsel retained by City.

4. Review ordinances, agreements, resolutions, and all legal documents as to form.

5. Draft legal documents as required.

6. Attend City Council and Planning Commission meetings as staff counsel; attend other meetings and provide legal representation as required.

7. Review claims against the City; recommend appropriate courses of action.

8. Advise City Council and staff on pending litigation.

9. Ensure compliance with open-meeting requirements.

10. Advise on Workers’ Compensation issues.

11. Advise on disciplinary actions.

12. Advise on disability retirement issues.

13. Deputy City Attorney Serves as staff counsel at Planning Commission meetings.

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14. Deputy City Attorney serves in the absence of the City Attorney.

15. Advise on compliance with the State Elections Code and Federal and State Voting Rights Acts.

16. Advise on conflict of interest issues.

MONTCLAIR CITY COUNCIL MEETING – 09/19/2022 Page 134 of 179

CITY COUNCIL

AGENDA REPORT
DATE: SEPTEMBER 19, 2022
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 8
FILE I.D.: PTD175
DEPT.: POLICE
PREPARER: B. KUMANSKI
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 22–100 WITH THE SAN BERNARDINO COUNTY DISTRICT ATTORNEY’S OFFICE TO STATION A VICTIM’S ADVOCATE AT THE

POLICE DEPARTMENT, SUBJECT TO ANY REVISIONS DEEMED NECESSARY BY THE

CITY ATTORNEY
REASON FOR CONSIDERATION: To improve the health, welfare, and quality of life of victims of crime, including children, the San Bernardino County District Attorney’s Office has Victim Advocates stationed throughout the County at various allied agencies. Having a Victim Advocate on site is advantageous to the Police Department and would allow for victim services to be readily accessible to the City’s residents more conveniently. City Council is requested to consider approval of Agreement No. 22–100 with San Bernardino County, District Attorney’s Office to provide a Victim Advocate to be stationed at the Police Department.

A copy of proposed Agreement No. 22–100 is attached for the City Council’s review and consideration.

BACKGROUND: The State of California, by and through Assembly Bill 109 establishing the California Public Safety Realignment Act of 2011, permits a San Bernardino County Victim Advocate (Advocate) to be stationed in a non–County agency or organization in order to provide Victim Advocacy Services to improve the health, welfare, and quality of life of victims of crime, including children. The San Bernardino County District Attorney’s Office would like to assign a Victim Advocate at the Montclair Police Department to better reach crime victims within the City. Victim Advocates provide needed resources to crime victims including access to counseling, legal services, restitution, and information to help navigate the legal system.

The proposed agreement would allow for a Victim Advocate to be stationed at the Police Department and readily available to provide services to victims within the community.

Being attached to the Department, they would have immediate access to victims and receive notifications in a more timely fashion. This program is funded by the County, and there are no financial requirements by the City. The term requested by the County is through the end of the current fiscal year, and will renew each fiscal year if funding is available. Any facility requirements for the agreement are already in place at the Police Department, and there would be no maintenance except for the initial workspace set– up.

FISCAL IMPACT: If authorized by the City Council, there is no funding requirement for Agreement No. 22–100.

RECOMMENDATION: Staff recommends the City Council approve Agreement No. 22– 100 with the San Bernardino County District Attorney’s Office to station a Victim Advocate at the Police Department.

MONTCLAIR CITY COUNCIL MEETING – 09/19/2022 Page 135 of 179 Standard Contract Page 1 of 10

THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY District Attorney
Department Contract Representative Claudia Walker
Telephone Number (909) 382-3669
Contractor City of Montclair
Contractor Representative Lieutenant Brandon Kumanski
Telephone Number (909) 448-3605
Contract Term October 25, 2022-June 30, 2023
Original Contract Amount Non-financial
Amendment Amount N/A
Total Contract Amount N/A
Cost Center 4502101000
IT IS HEREBY AGREED AS FOLLOWS:

WHEREAS, the State of California, by and through Assembly Bill 109 which establishes The California Public Safety Realignment Act of 2011, permits a San Bernardino County Victim Advocate (Advocate) to be stationed in a non-County agency or organization in order to provide Victim Advocacy Services to improve the health, welfare, and quality of life of victims of crime, including children; and WHEREAS, the City of Montclair (City) desires to have an Advocate assigned to the Montclair Police Department (MPD) for the purpose of providing Victim Advocacy services, located at 4870 Arrow Hwy, Montclair, CA 91763, and
WHEREAS, San Bernardino County (County) is willing to provide an Advocate to perform these services, and the parties are willing to enter into a non-financial agreement as set forth below; NOW, THEREFORE, the County and City mutually agree to the following terms and conditions:

Contract Number
SAP Number
Agreement No. 22-100
MONTCLAIR CITY COUNCIL MEETING – 09/19/2022 Page 136 of 179 Revised 5/12/21 Page 2 of 10

TABLE OF CONTENTS
I. DEFINITIONS ........................................................................................................................................................... 3 II. Montclair Police Department RESPONSIBILITIES .............................................................................................. 3 III. Montclair Police Department GENERAL RESPONSIBILITIES............................................................................ 4 IV. COUNTY RESPONSIBILITIES ................................................................................................................................ 6 V. FISCAL PROVISIONS ............................................................................................................................................. 6 VI. TERM........................................................................................................................................................................ 7 VII. EARLY TERMINATION ........................................................................................................................................... 7 VIII. GENERAL PROVISIONS......................................................................................................................................... 8

ATTACHMENTS
ATTACHMENT A – VICTIM ADVOCATE SERVICES
MONTCLAIR CITY COUNCIL MEETING – 09/19/2022 Page 137 of 179 Revised 5/12/21 Page 3 of 10
I. DEFINITIONS
A. MPD – Montclair Police Department and the City of Montclair. The City of Montclair is the entity with the legal authority to enter into an agreement for Montclair Police Department. All legally binding provisions in this agreement, attributed to MPD, shall be legally binding on the City of Montclair and the Montclair Police Department.

B. Victim Advocate – staff from San Bernardino County District Attorney’s Office (Bureau of Victim Services) who will be assigned to provide victim advocate services.

II. MPD RESPONSIBILITIES
MPD shall:

A. Provide adequate office space, Internet connectivity, the ability to print to a duplex-capable printer, equipment, supplies, and office assistance for each Advocate as outlined below. Where County finds that the facilities, equipment, supplies, and/or MPD office assistance are inadequate, the County will provide the City with notice and provide the City with reasonable time to cure.

1. Adequate office space includes, but is not limited to, a dedicated, secure private interviewing/work area of at least 110 square footage to safely contain all the equipment and supplies, as well as the Advocate and two (2) other adults. There should also be a client waiting area separate from the interviewing/work area.

2. Provide adequate and secure internet connectivity to allow wireless access from the Advocate’s computer (provided by the District Attorney) to the District Attorney’s network.

If MPD requires that the Advocate electronically enter notes or services provided into MPD’s case management system, MPD will obtain prior approval from the Chief or Assistant Chief of Victim Services, provide a computer for the Advocate, and provide training to the Advocate on the network and/or case management system. MPD and the District Attorney will maintain separate computer systems such that the computer issued to the Advocate by the District Attorney’s office will only be used to access the District Attorney network and systems and any computer issued by MPD will only be used to access MPD’s network and systems.

3. Adequate office assistance includes, but is not limited to, answering the phone and taking messages when Advocate(s) are not present or providing a phone with voice mail capabilities.

B. Ensure MPD staff receives adequate instruction on applicable confidentiality regulations to protect/maintain the confidentiality of all applicants and recipients.

C. Ensure MPD employees make no attempt to exercise any control or supervision over County staff or to influence County staff regarding any client or case action.

D. Contact the Chief of Victim Services or her designee with any concerns and/or suggestions for overcoming problem areas and/or changing procedures. The Chief of Victim Services will ensure consistency with County policies and procedures is maintained.

E. Provide County with three (3) copies of the applicable federal/state and MPD rules and regulations and provide training on police department policies and procedures, including but not limited to policies governing the receipt and use of confidential information, which may be applicable to the Advocate’s job duties. Any exchange of confidential information shall only be used to enable the provision of services under this agreement and for the purposes expressly allowed by law.

F. Provide County with a sixty (60) day prior written notice and justification of MPD’s desire to increase or decrease the number of Advocate staff/hours.

G. Understand and agree that County may or may not meet the amount of assigned Advocate time and/or staff requested based on limitations of County resources and personnel and County’s ability to fill these positions.

MONTCLAIR CITY COUNCIL MEETING – 09/19/2022 Page 138 of 179 Revised 5/12/21 Page 4 of 10
H. Not hold County responsible, financially or otherwise, for any action taken by the State, which would require the removal of the Advocate staff from MPD or termination of this contract in part, or whole.

I. Ensure a safe working environment to the extent reasonably possible for Advocate staff.

III. MPD GENERAL RESPONSIBILITIES
A. In the performance of this Contract, MPD, its agents and employees, shall act in an independent capacity and not as officers, employees, or agents of San Bernardino County. Further, in the performance of this contract Advocate shall not be deemed to be an officer, employee, or agent of the City of Montclair. MPD agrees to comply with the applicable federal suspension and debarment regulations, including, but not limited to Federal Executive Order 12549 (51 FR 6370). By signing this Contract, MPD certifies that:

1. Neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department;

2. Have not within a three-year period preceding this Contract been convicted of or had a judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public transaction or contract under a public transaction; or a violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements, or receiving stolen property;

3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in Paragraph (A)(2) herein; and

4. Have not within a three-year period preceding this Contract had one (1) or more public transactions (Federal, State or local) terminated for cause or default.

B. MPD shall not be identified as suspended or debarred on the federal System for Award Management’s (SAM) excluded list. If at any time during the term of this Contract, the County determines MPD is identified as either suspended or debarred on the SAM, MPD shall be considered in material breach of this Contract, and the County may result in immediate termination of this Contract C. Without the prior written consent of the District Attorney or his/her designee, this Contract is not assignable by MPD either in whole or in part.

D. MPD agrees to provide or has already provided information on former San Bernardino County administrative officials (as defined below) who are employed by or represent MPD. The information provided includes a list of former County administrative officials who terminated County employment within the last five years and who are now officers, principals, partners, associates or members of the business. The information also includes the employment with or representation of MPD. For purposes of this provision, “County administrative official” is defined as a member of the Board of Supervisors or such officer’s staff, Chief Executive Officer of the County or member of such officer’s staff, County department or group head, assistant department or group head, or any employee in the Exempt Group, Management Unit or Safety Management Unit.

E. If during the course of the administration of this Contract, the County determines that the MPD has made a material misstatement or misrepresentation or that materially inaccurate information has been provided to the County, this Contract may be immediately terminated. If this Contract is terminated according to this provision, the County is entitled to pursue any available legal remedies.

F. MPD agrees not to enter into any subcontracts for work contemplated under this Contract without first obtaining written approval from the District Attorney or his/her designee. Any subcontractor shall be MONTCLAIR CITY COUNCIL MEETING – 09/19/2022 Page 139 of 179 Revised 5/12/21 Page 5 of 10
subject to the same provisions as MPD. MPD shall be fully responsible for the performance of any subcontractor.

G. MPD shall notify County in writing of any change in mailing address and/or physical location within ten (10) days of the change, and shall immediately notify County of changes in telephone or fax numbers.

H. MPD shall designate an individual to serve as the primary point of contact for the Contract. Contractor shall notify the County when the primary contact will be unavailable/out of the office for one (1) or more workdays. MPD or designee must respond to County inquiries within two (2) County business days.

I. MPD shall protect from unauthorized use or disclosure names and other identifying information concerning persons receiving services pursuant to this Contract, except for statistical information not identifying any participant. The MPD shall not use or disclose any identifying information for any other purpose other than carrying out the MPD's obligations under this Contract, except as may be otherwise required by law. This provision will remain in force even after the termination of the Contract.

J. Indemnity and Insurance – The MPD and the County agree to and shall comply with the following indemnification and insurance requirements:

1. Indemnification – The MPD agrees to indemnify, defend (with counsel reasonably approved by the County) and hold harmless the County and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of the performance of this Contract by MPD but only to the extent such claims, actions, losses, damages, and/or liability are caused by or result from the negligence or intentional acts or omissions of the MPD, its authorized officers, employees, agents, and volunteers, except where such indemnification is prohibited by law.

The County agrees to indemnify, defend (with counsel reasonably approved by the MPD) and hold harmless the MPD and its authorized officers, employees, agents, and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of the performance of this Contract by County but only to the extent such claims, actions, losses, damages, and/or liability are caused by or result from the negligence or intentional acts or omissions of the County, its authorized officers, employees, agents, and volunteers, except where such indemnification is prohibited by law.

In the event that the County and/or the MPD are determined to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under this agreement, the County and/or the MPD shall indemnify the other to the extent of its comparative fault.

2. Insurance Self-Insured – The MPD and County are self-insured for purposes of professional liability, general liability, and Workers’ Compensation, the self-insured MPD and County each warrants that through its program of self-insurance, it has adequate professional liability, general liability and Workers’ Compensation to provide coverage for liabilities arising out of MPD’s or County’s performance of this Contract.

K. MPD shall comply with all applicable laws, statutes, ordinances, administrative orders, rules or regulations relating to its duties, obligations and performance under the terms of the Contract and shall procure all licenses and pay all fees and other charges required thereby. MPD shall maintain all required licenses during the term of this Contract. Failure to comply with the provisions of this section may result in immediate termination of this Contract.

L. MPD shall comply with all applicable local health and safety clearances, including fire clearances, for each site where services are provided under the terms of this Contract.

M. If any legal action is instituted to enforce any party’s rights hereunder, each party shall bear its own costs and attorney fees, regardless of who is the prevailing party. This paragraph shall not apply to those costs MONTCLAIR CITY COUNCIL MEETING – 09/19/2022 Page 140 of 179 Revised 5/12/21 Page 6 of 10
and attorney fees directly arising from a third-party legal action against a party hereto and payable under Indemnification and Insurance Requirements.

N. MPD agrees that any news releases, advertisements, public announcements or photographs arising out of the Contract or MPD’s relationship with County shall not be made or used without prior written approval of the Public Affairs Officer of the District Attorney Department or his or her designee.

IV. COUNTY RESPONSIBILITIES
County shall:

A. Provide the Victim Advocate Services set forth in Attachment A to this Contract.

B. Provide the Advocate a computer and office furniture in a designated office at MPD.

C. Make a good faith effort to employ and train the number of Advocates required to handle the workload for MPD.

C. Schedule the Advocate(s) at MPD on weekdays only (Monday through Friday). Advocate(s) shall not be available on weekends, evenings, nights, County holidays, or 9/80 off days except if there is an incident of mass violence. Advocate(s) shall not work in excess of eighty hours during a twoweek pay period.

D. Be under no obligation to provide replacement Advocate(s) in the event an assigned Advocate is temporarily absent for any reason. County shall make a good faith effort to provide coverage of MPD during planned and unplanned absences within the limitations of County resources and personnel.

E. Maintain sole authority and responsibility for the assignment and/or reassignment of all County staff, including assignment and tasks required to be completed pursuant to this Contract.

F. Provide for supervision of the Advocate(s) by a Supervising Victim Advocate and for management by the Assistant Chief of Victim Services or the Chief of Victim Services.

G. Have sole responsibility of supervising County staff, and MPD shall not exercise any control or supervision over County staff. Any concerns or suggestions shall be taken to the Supervising Victim Advocate or the staff designated by the Chief or Assistant Chief of Victim Services. This paragraph does not preclude MPD staff from consulting with the Advocate regarding any victim or case action.

H. Review the applicable MPD rules and regulations provided to County by MPD. MPD is to provide to County any rules or regulations that are in writing and not already covered by this Contract.

County will assure that Advocate(s) assigned to MPD conform to the reasonable rules and regulations of MPD which are not in conflict with County rules and regulations and which are applicable to MPD employees.

I. Maintain a log of cases taken and the disposition of cases, for County and MPD purposes.

J. Provide MPD with information to enable MPD to refer only clients who are potentially eligible for Victim Advocate services.

K. Provide interpreters for clients when MPD interpreters are not available.

L. Provide an appointment calendar to be used jointly by the Advocate(s) and MPD staff in setting appointments with the Advocate(s).

M. Require Advocate(s) to refer clients who request alternative or additional services to the appropriate resource.

N. Ensure that all clients are processed in accordance with the applicable state statutes/regulations and County policies.

V. FISCAL PROVISIONS
A. There shall be no financial remuneration to the County provided that Federal/State funding for the Victim Advocate services is not decreased or withdrawn.

MONTCLAIR CITY COUNCIL MEETING – 09/19/2022 Page 141 of 179 Revised 5/12/21 Page 7 of 10
However, if the Federal/State funding for Victim Advocate services is decreased or withdrawn, MPD will choose from one of the following options:

1. Retain the Outstationed Advocate(s) at the MPD site and reimburse the County on the productive hourly rate of salary, benefits, and overhead of an Advocate to be calculated at the time the decreased/withdrawn funding occurs;
OR

2. Remove the Outstationed Advocate(s) from the MPD site and terminate the Contract.

B. If MPD chooses to reimburse the County per Paragraph A, Item 1, above, any payments to the County shall commence within thirty (30) days of County notification to MPD. MPD shall then submit monthly payments to the County within ten (10) days following the service month. Monthly payments, along with all supporting documentation, are to be sent to:

San Bernardino County
Office of the District Attorney
Attention: Chief of Administration or Chief of Victim Services 303 West 3rd Street, 6th Floor
San Bernardino, CA 92415
VI. TERM
This Contract is effective as of October 25, 2022 and expires June 30, 2023 in accordance with the end of the fiscal year. This Contract may be terminated earlier in accordance with provisions of Section VII of the Contract. If AB109 funding is renewed in successive years, the contract term will change to match the funding period of the given year and be renewed upon agreement and signature by MPD and San Bernardino County.

VII. EARLY TERMINATION
The County may terminate the Contract immediately under the provisions of Section III, Paragraph D, and Section VIII, Paragraph C, of the Contract. In addition, the Contract may be terminated without cause by the County or MPD by serving a written notice to either party thirty (30) days in advance of termination. The District Attorney or his designee is authorized to exercise the County’s rights with respect to any termination of this Contract.

VIII. GENERAL PROVISIONS
A. When notices are required to be given pursuant to this Contract, the notices shall be in writing and mailed to the following respective addresses listed below.

MPD: City of Montclair Police Department
Lieutenant Brandon Kumanski
4870 Arrow Highway
Montclair, CA 92335
County: San Bernardino County
Office of the District Attorney
Flerida Alarcon, Chief of Victim Services
303 West 3rd Street, 6th Floor
San Bernardino, CA 92415
B. Nothing contained in this Contract shall be construed as creating a joint venture, partnership or employment arrangement between the Parties hereto, nor shall either Party have the right, power or authority to create an obligation or duty, expressed or implied, on behalf of the other Party hereto.

C. MPD shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to, cash, discounts, service, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the County in an attempt to secure favorable treatment regarding this Contract.

MONTCLAIR CITY COUNCIL MEETING – 09/19/2022 Page 142 of 179 Revised 5/12/21 Page 8 of 10
The County, by written notice, may immediately terminate any Contract if it determines that any improper consideration as described in the preceding paragraph was offered to any officer, employee or agent of the County with respect to the proposal and award process. This prohibition shall apply to any amendment, extension or evaluation process once a Contract has been awarded.

MPD shall immediately report any attempt by a County officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from MPD. The report shall be made to the supervisor or manager charged with supervision of the employee or to the County Administrative Office. In the event of a termination under this provision, the County is entitled to pursue any available legal remedies.

D. No waiver of any of the provisions of the Contract shall be effective unless it is made in a writing which refers to provisions so waived and which is executed by the Parties. No course of dealing and no delay or failure of a Party in exercising any right under the Contract shall affect any other or future exercise of that right or any exercise of any other right. A Party shall not be precluded from exercising a right by its having partially exercised that right or its having previously abandoned or discontinued steps to enforce that right.

E. Any alterations, variations, modifications, or waivers of provisions of the Contract, unless specifically allowed in the Contract, shall be valid only when they have been reduced to writing, duly signed and approved by the Authorized Representatives of both parties as an amendment to this Contract. No oral understanding or agreement not incorporated herein shall be binding on any of the Parties hereto.

F. If any provision of the Contract is held by a court of competent jurisdiction to be unenforceable or contrary to law, it shall be modified where practicable to the extent necessary so as to be enforceable (giving effect to the intention of the Parties) and the remaining provisions of the Contract shall not be affected.

G. This Contract shall be governed by and construed in all aspects in accordance with the laws of the State of California without regard to principles of conflicts of laws. The Parties agree to the exclusive jurisdiction of the federal court located in the County of Riverside and the state court located in San Bernardino County, for any and all disputes arising under this Contract, to the exclusion of all other federal and state courts.

IX. CONCLUSION
A. This Contract, consisting of ten (10) pages, is the full and complete document describing services to be rendered including all covenants, conditions and benefits.

B. The signatures of the parties affixed to this Contract affirm that they are duly authorized to commit and bind their respective institutions to the terms and conditions set forth in this document.

C. This Contract may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same Contract.

The parties shall be entitled to sign and transmit an electronic signature of this Contract (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Contract upon request IN WITNESS WHEREOF, San Bernardino County and MPD have each caused this Contract to be subscribed by its respective duly authorized officers, on its behalf. /
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FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department Katherine Hardy, County Counsel Jason Anderson, District Attorney Date Date Date
SAN BERNARDINO COUNTY City of Montclair
(Print or type name of corporation, company, contractor, etc.) By
Curt Hagman, Chairman, Board of Supervisors (Authorized signature - sign in blue ink) Dated: Name Javier John Dutrey
SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract) CHAIRMAN OF THE BOARD Title Mayor
Lynna Monell
Clerk of the Board of Supervisors
San Bernardino County
Dated:

By
(Print or Type)
(Authorized signature - sign in blue ink)
By Name Andrea Myrick
Deputy (Print or type name of person signing contract)
Title City Clerk
(Print or Type)
Dated:

Address 4870 Arrow Hwy
Montclair, CA 92335
Attest
MONTCLAIR CITY COUNCIL MEETING – 09/19/2022 Page 144 of 179 Revised 5/12/21 Page 10 of 10
ATTACHMENT A – VICTIM ADVOCATE SERVICES
Police Based Advocacy Program
The Victim Advocate assigned to provide services will be located within the Montclair Police Department. The Advocate will assist victims of crime who reside or work in Montclair, California. The San Bernardino County District Attorney’s Office Bureau of Victim Services is committed to improving, enhancing, and expanding victim services throughout law enforcement agencies. The victim advocate will respond to crime scenes (once secured) and other locations upon request from law enforcement to provide the following advocacy services to victims and witnesses, including, but not limited to:
 Immediate crisis intervention (short-term emotional and physical care) in person or by telephone  Crisis counseling if needed
 Emergency needs assessment for food, shelter, clothing, medical care and transportation  Accompaniment during medical exams as requested
 Referrals to San Bernardino County, qualified professionals, or Community Based Organizations for services
o Counselors and/or counseling agencies
o State of California Victim Compensation claim assistance  Orientation to the criminal justice system
 Emergency Relocation assistance, Temporary Lodging assistance  Notifications of the status of the case(s) involving the victim  Assistance with victim impact statement
 Travel assistance to and from Court proceedings
 Assistance with obtaining childcare during Court proceedings Example of how services will be provided
The Victim Advocate will be well versed in the department’s investigative process in order to better explain the process to victims and witnesses.

Contact with victims will be initiated through various means:
• Victim Services brochure provided by law enforcement to victim • Telephone contact
• Police reports provided to the Victim Advocate
• At the crime scene
• Police Department walk-ins
The Victim Advocate will provide an orientation to criminal justice system and process and can provide assistance with victim impact statements, assistance in securing child care so that the victim can attend court and arrange for travel and accompaniment to court and criminal justice offices if the case is filed by the District Attorney’s office.

MONTCLAIR CITY COUNCIL MEETING – 09/19/2022 Page 145 of 179

CITY COUNCIL

AGENDA REPORT
DATE: SEPTEMBER 19, 2022
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 9
FILE I.D.: PTD175
DEPT.: POLICE
PREPARER: B. KUMANSKI
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 22–103, AMENDING AGREEMENT NO. 19–103 WITH THE CITY OF WEST COVINA AND MARK 43 FOR CAD/RMS UPDATES

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

ATTORNEY
CONSIDER AUTHORIZING A $10,000 EXPENDITURE FROM THE SB 509 PUBLIC SAFETY FUND FOR COSTS ASSOCIATED WITH AGREEMENT NO. 22–103 REASON FOR CONSIDERATION: In 2019, the Department updated its Computer Aided Dispatch (CAD) and Records Management System (RMS) when the existing system provided by the City of West Covina/West Covina Service Group (WCSG) deemed the prior system end–of–life and transitioned to a partnership with Mark 43 to modernize the systems. With this transition, the Department acquired the ability to enhance the capability of the system with integration to other systems already is use. Additionally, Mark 43 is capable of providing data for other services, including an upcoming agreement with San Bernardino County. City Council is requested to consider approval of Agreement No. 22–103, amending Agreement No. 19–103 with The City of West Covina and Mark 43 for these CAD/RMS updates and services.

A copy of proposed Agreement No. 22–103, amending Agreement No. 19–103, is attached for the City Council’s review and consideration.

BACKGROUND: In 2019, the Department entered into an agreement with the WCSG and Mark 43 (Agreement 19–103) for CAD/RMS services. The system was modern and capable of integrating with other services not yet acquired by the Department, but which were actively being researched for implementation. These capabilities included integration with other software being sought, such as specialized collision reporting software and online reporting. The COVID–19 pandemic brought the need for online reporting to the forefront and a solution with LexisNexis, Desk Officer Reporting System (DORS) was implemented in 2020. Due to the urgency of the pandemic and Mark 43 not being ready for use yet, a phased implementation was conducted to get DORS available as quickly as possible, with the integration component being held off until Mark 43 was ready. A change–order for this service was completed with Mark 43 at the time, and no additional fees were proposed.

Additionally, the Department recently acquired Crossroads collision reporting software.

This software is also able to be integrated with Mark 43, and the WCSG will facilitate this integration, also at no additional cost to the City.

Additionally, the Department will need data replication for third–party uses. Currently, the Department is in an agreement with the San Bernardino County Sheriff’s Department for data sharing services, utilized under the program Coplink. This program has been the standard for all San Bernardino County law enforcement, as well as throughout the Southern California region for over a decade. This service is provided by the County at MONTCLAIR CITY COUNCIL MEETING – 09/19/2022 Page 146 of 179 no recurring cost to the City though various law enforcement grant funding sources.

Recently, an analysis was conducted by the Sheriff’s Department and the decision was made to transition the entire County from Coplink to another system. While the Sheriff’s Department will continue to fund this program, the participating agencies will need to provide access to their CAD/RMS data, though a specific method called Datalake. This method replicates the data and allows for it to be used for many other systems, safe from being directly connected to our core systems. This process is needed for other systems such as various crime analysis software the Department plans to utilize for a future Crime Analyst position. The program with the Sheriff’s Department is expected to begin this fiscal year. WCSG quoted the cost for the Datalake service, $10,000 per year. This cost was requested and approved in the current fiscal year, Administration (Program 4421, Special Contract Services. The proposed agreement formally amends the original agreement to add the above mentioned integrations and service additions.

FISCAL IMPACT: If authorized by the City Council, Agreement No. 22–103, amending Agreement No. 19–103, would result in a $10,000 expediture from the SB 509 Public Safety Fund (1143).

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

1. Approve Agreement No. 22–103 with City of West Covina and Mark 43 for CAD/RMS updates and services, subject to any revisions deemed necessary by the City Attorney.

2. Authorize a $10,000 expenditure from the SB 509 Public Safety Fund for costs associated with Agreement 22–103.

MONTCLAIR CITY COUNCIL MEETING – 09/19/2022 Page 147 of 179 1 AMENDMENT NO. 1 TO

MEMBER AGENCY ADMISSION AGREEMENT
This Amendment No. 1 to the Member Agency Admission Agreement (this “Amendment”), is dated as of __________, 2022, and is between Mark43, Inc. (“Mark43”), the City of West Covina (“West Covina”), and the City of Montclair (the “Member Agency,” and collectively, the “Parties,” and each, a “Party”).

A. WHEREAS, the Parties have entered into that certain Member Agency Admission Agreement, dated as of December 3, 2019 (the “Existing Agreement”); and
B. WHEREAS, the Parties hereto desire to amend the Existing Agreement to update Schedule A, on the terms and subject to the conditions set forth herein.

NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. Definitions. Capitalized terms used and not defined in this Amendment have the respective meanings assigned to them in the Existing Agreement.

2. Amendments to the Existing Agreement. As of the Amendment Effective Date (defined below), the Existing Agreement is hereby amended or modified as follows:
a. Exhibit A of the Existing Agreement is hereby amended by deleting it in its entirety and replacing it with the Exhibit A attached hereto.

3. Date of Effectiveness; Limited Effect. This Amendment is effective as of the date first written above (the “Amendment Effective Date”). Except as expressly provided in this Amendment, all of the terms and provisions of the Existing Agreement are and will remain in full force and effect and are hereby ratified and confirmed by the Parties. Without limiting the generality of the foregoing, the amendments contained herein will not be construed as an amendment to or waiver of any other provision of the Existing Agreement or as a waiver of or consent to any further or future action on the part of either Party that would require the waiver or consent of the other Party. On and after the Amendment Effective Date, each reference in the Existing Agreement to “this Agreement,” “the Agreement,” “hereunder,” “hereof,” “herein,” or words of like import, and each reference to the Existing Agreement in any other agreements, documents, or instruments executed and delivered pursuant to, or in connection with, the Existing Agreement, will mean and be a reference to the Existing Agreement as amended by this Amendment.

4. Representations and Warranties. Each Party hereby represents and warrants to the other Party that:
a. It has the full right, power, and authority to enter into this Amendment and to perform its obligations hereunder and under the Existing Agreement as amended by this Amendment. b. The execution of this Amendment by the individual whose signature is set forth at the end of this Amendment on behalf of such Party, and the delivery of this Amendment by such Party, have been duly authorized by all necessary action on the part of such Party. c. This Amendment has been executed and delivered by such Party and (assuming due authorization, execution, and delivery by the other Party hereto) constitutes the legal, valid, and binding obligation of such Party, enforceable against such Party in accordance with its terms.

5. Miscellaneous.
a. This Amendment and all related documents including all exhibits attached hereto, and all matters arising out of or relating to this Amendment, whether sounding in contract, tort, or statute are governed by, and construed in accordance with, the laws of the State of California, without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of California. b. This Amendment shall inure to the benefit of and be binding upon each of the Parties and each of Agreement No. 22-103
Amending Agreement No. 19-103
September 19
MONTCLAIR CITY COUNCIL MEETING – 09/19/2022 Page 148 of 179 2 their respective successors and assigns.
c. The headings in this Amendment are for reference only and do not affect the interpretation of this Amendment.
d. This Amendment may be executed in counterparts, each of which is deemed an original, but all of which constitute one and the same agreement. Delivery of an executed counterpart of this Amendment electronically or by facsimile shall be effective as delivery of an original executed counterpart of this Amendment.
e. The Existing Agreement as modified by this Amendment constitutes the sole and entire agreement between the Parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter.
f. Each Party shall pay its own costs and expenses in connection with this Amendment (including the fees and expenses of its advisors, accountants, and legal counsel).

MONTCLAIR CITY COUNCIL MEETING – 09/19/2022 Page 149 of 179 3 IN WITNESS WHEREOF, the Parties have executed this Amendment No. 1 as of the date first written above.

MARK43, INC. CITY OF WEST COVINA
By: By:

Title: Title:

Date: Date:

CITY OF MONTCLAIR
By:

Title:

Date:

Javier John Dutrey, Mayor
By:

Title:

Date:

Andrea M. Myrick, City Clerk
ATTEST
MONTCLAIR CITY COUNCIL MEETING – 09/19/2022 Page 150 of 179 4 EXHIBIT A

ADDITIONAL SERVICES
Professional Services – Deemed Included under Existing Agreement

1. Interface – Custom Level 1: Vesta ANI / ALI
Professional Services – Amendment No. 1 Addition

1. Integration – Self Build: CopLogic

2. Integration – Self Build: Crossroads
SAAS Services – Amendment No. 1 Addition

1. DLK 1: Basic
MONTCLAIR CITY COUNCIL MEETING – 09/19/2022 Page 151 of 179

CITY COUNCIL

AGENDA REPORT
DATE: SEPTEMBER 19, 2022
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 10
FILE I.D.: GRT050–C/STA050
DEPT.: PUBLIC WORKS
PREPARER: S. STANTON
SUBJECT: CONSIDER AMENDING THE 2019–2024 CAPITAL IMPROVEMENT PROGRAM TO ADD

THE CDBG TARGET AREA ALLEY IMPROVEMENTS PROJECT
CONSIDER AUTHORIZING AN $849,440 APPROPRIATION FROM COMMUNITY

DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR COSTS RELATED TO THE CDBG

TARGET AREA ALLEY IMPROVEMENTS PROJECT

CONSIDER AUTHORIZATION TO ADVERTISE FOR BID PROPOSALS FOR THE CDBG

TARGET AREA ALLEY IMPROVEMENTS PROJECT
CONSIDER AUTHORIZING THE CITY MANAGER TO AWARD AGREEMENT NO. 22–104

FOR CONSTRUCTION OF THE CDBG TARGET AREA ALLEY IMPROVEMENTS PROJECT REASON FOR CONSIDERATION: The City Council is requested to consider amending the 2019–2024 Capital Improvement Program (CIP) to add the CDBG Target Area Alley Improvements Project. Amendments to the CIP, non–budgeted appropriations, and authorization to advertise for bid proposals are subject to City Council approval.

With time restraints of fulfilling the February 24, 2023 expenditure deadline of the CDBG funds, staff is requesting that the City Council authorize the City Manager to award the project to the lowest, most responsive, and responsible bidder following the bid opening, the contract for which has been assigned Agreement No. 22–104.

BACKGROUND: The City currently has $849,440 of unspent Community Development Block Grant funds. The funds continue to be used towards graffiti abatement, code enforcement, senior transportation services, and Reeder Ranch improvements. With a February 24, 2023 deadline for funding expenditures, staff has opted to transfer the remaining funds towards alley improvement projects. Funding can only be used towards alleyways located within the CDBG target areas. The City currently has 16 alleyways located within the target areas. In previous years, the City has used CDBG funding for the rehabilitation of five (5) alleyways.

The CDBG Target Area Alley Improvements Project is intended to improve pavement conditions in five separate alleyways. The five locations are:

1. 9600 Monte Vista Avenue, located west of Monte Vista Avenue, between Monte Vista Avenue and Harvard Street.

2. 4700 San Bernardino Street, located south of San Bernardino Street, between Helena Avenue and Monte Vista Avenue.

3. 5300 San Bernardino Alley, located south of San Bernardino Street, between Rose Avenue and Vernon Avenue.

4. 4800 Orchard Street, located south of Orchard Street, between Tudor Avenue and Monte Vista Avenue.

5. 10300 Amherst Avenue, located west of Amherst Avenue between Kingsley MONTCLAIR CITY COUNCIL MEETING – 09/19/2022 Page 152 of 179 Street and Holt Boulevard.

A map identifying the locations of the above alleys is attached to this report as an exhibit.

Improvements to be completed include the full removal and replacement of existing concrete asphalt, construction of a new longitudinal concrete drainage gutter, replacement of non–compliant Americans with Disabilities Act (ADA) pedestrian ramps, and new traffic legends as needed. The project will be advertised as a design/build contract with the selected contractor responsible for providing a design acceptable to the City.

FISCAL IMPACT: The total project cost is estimated to be $850,000. The project will be funded with Community Development Block Grant funds and 2021 Lease Revenue Bond Funds in the event the bid proposals exceed the estimated amount. The cost of advertising this project should not exceed $3,500.

RECOMMENDATION: Staff recommends that the City Council take the following actions in relation to the CDBG Target Area Alley Improvements Project:

1. Amend the 2019–2024 Capital Improvement Program to add the Project.

2. Authorize an $849,440 appropriation from Community Development Block Grant funds for costs related to the Project.

3. Authorize staff to advertise for bid proposals for the CDBG Target Area Alley Improvements Project.

4. Authorize the City Manager the authority to award Agreement No. 22–104 for construction of the Project.

MONTCLAIR CITY COUNCIL MEETING – 09/19/2022 Page 153 of 179

ROSEWOOD

ROSWELL
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GREYCLIF F
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SURRE Y

VISTA REAL

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BENITO

HARVARD
ADA
OLIVE
NORTON
FAUNA

VISTA MADERA
HELENA

FE LIPE

SHETLAND

ALAMITOS

SAN PASQUAL
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PLAZA

HICKORY
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DEL MAR
BENSON
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PRADERA
EVART

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AMHERST

VISTA FLORA

PHILLIPS
RAMONA

LA DENEY
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HOLT
SURREY

BERKELEY
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SUN VALLEY

WHITEWATER
BROOKS
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CAMBRIDGE

CENTRAL
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PIPELINE
BOLTON
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APPLEGATE

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RUDISILL
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AMHERST
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MONT E VERDE
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COLUMBINE
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CO LUMBINE
OLIVE

STALLION

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VISTA DEL RIO
CLAIR

KIMBERLY

RAWHIDE

LA DENEY
VERNON

GREENWOOD GREENWOOD

GRANADA

COBBLESTONE

LINDERO

STALLION
HOLT

KIMBERLY
GALA

HUM BOL T

COLUMBINE
EXETER

CIMARRON OAKS

ORCHARD

CAMULOS

SILICON
GRAND
FAUNA

COVEN TR Y

MONTE VISTA

MESA VERDE

HARVARD

STEAM BO AT

KINGSTON

BUCKSK IN

YOSEM IT E

EDWARDS
BENSON
BENSON

PRA DERA

FREMONT

RUDISILL
HELENA

CO RANADA

CLYDESDALE

CARLTON
GENEVA

AMHERST
Carriage
RAMONA

BERKELEY

LA DENEY

DEL M AR

HIGHLAND
MANE
DENVER

MISSION
OAK
THIRD

BELGIAN

HAMPTON

HAWTHORNE
CHICO
STATE

CAM ARE NA

COLUMBINE

AM HERST

CLIFFWOOD

CAMULOS

ORCHARD
STATE
BOLTON

CARRILLO
S.P.R. R.

COALINGA
HELENA

MO RG AN

SAN BERNARDINO

HIGHLAND

CHANDLER
DEODAR

PRINCETON

BERKELEY
TUDOR

GREENWOOD
1 VISTA DEL SOL
2 VISTA DEL ORO
3 VISTA HERMOSA
FAUNA
UP

DEL MAR
FELIPE

CAM ULOS

VIA DEL SUR

MAITLAND
CLAIR

GRANADA

BRUNSWICK

DEL SOTO

VIA DANTE

YOSEM IT E

BANDERA

VILL AGE
ADOBE

GREENWOOD
STATE

HIGHLAND
FAUNA
GALENA

RUDISILL

CARRILLO
ESSEX
MILLS

SUN VAL LEY
VERNON

MONTE VISTA
5 SURREY

POULSEN

CARRILLO

MONTE VISTA

FREMONT

FAIRCOVE
SURREY
ROSE
RODEO

FREMONT
HELENA

SHADOWOOD

PRINCETON

PIPELINE

SAN BERNARDINO
GENEVA
EVART

CAMULOS

VIA AMO RE
STATE

QUAIL KNOLL
VERNON
EVART
FLORA
Ramona Pl
RAMONA

CENTRAL

DEER CREEK

MU STANG

BERKELEY

LINDERO

MILLSTONE

BARRIN GT ON
MILLS
FELIPE
MERLE

CAMULOS
WILLOW

HARVARD

POULSEN
3 MISSION
S.P.R. R.

POULSEN

VISTA PANORAMA

SAN M IG UEL

CARLTON

CAROLINE
RAMONA
BROOKS

SADDLEBACK
MILLS

FAIRFAX

CENTRA L

GREENWOOD

ALAMITOS

HAWTHORNE
HOWARD

GRANADA

DON NER

SAN PASQUAL
DORSET
MARION

BERKSHIR E
LEHIGH

CO ALINGA

CENTRAL
RAMONA

RICHTON
BIGSKY

PHILLIPS

HUNTINGTON

MONTE VERDE

HARVARD
JAMES

SAN JOSE

MANZANITA
MORENO
BENITO
SIERRA

VIA DEL NO RT E
1 CAM BRIDGE

SARATOGA
RAMONA
YALE

KINGSLEY
HOWARD
DENVER
3 WILD HORSE

EL MORADO

WHITEWATER

STAGECOACH
FLORA
BOLTON

RO SEWOOD

AUTOPLEX

BUCKSKIN

POULSEN

SYCAMORE

KINGSLEY

BEL AIR

OAK GLEN

HALIFAX

DEL MAR
LEHIGH

KIMBERLY
RODEO

SHETLAND
MANE
1 GRAND
MERLE
FLORA

PALO VERDE

PRADERA
GRAND
I 10

VIA PALM A
VERNON
ASH
BENSON
GRAND
U.P.R.R.

GREENW OOD

MANZANITA
I 10
YALE
EVART

GRANADA
CANARY

SAN FELIPE

MARQUETTE

FREMONT
BENITO

BELVEDERE

SAN ANT ON IO

EAST END

SHETLAND

RUDISILL

BEL AIR

CENTRAL
DORSET
GALENA

VISTA BONITA
SURREY

EL MORADO

MILLSTONE PHILLIPS
ARROW

BUCKIN GHAM
FLORA
HOWARD

CAMULOS
MORGAN

CAMULOS

APPALOOSA
VERNON
CANOGA

ALAMITOS

BODEG A

PALO VERDE

VIA CLASSICO

BONNIE BRAE
ROSE
BENSON
MANE

BUTTERFIELD

SAN RAF AEL
FELIPE

BERKELEY

BEL AIR

ARM SLEY

SHIRLEY
2 MAMM MOT H

WHITEWATER

VIA CARA

FANCISCO

BERKELEY

COVECREST
FLORA
MARION

PRINCETON

SAN CL EM ENT E

SANTA ANITA
CLAIR

RAWHIDE

STAGECO ACH
TAOS

HARTFORD

COLLEGE

PRADERA
VAIL
S.P.R. R.

ORCHARD
NORTON

SADDLEBACK

HANO VER

PALO VERDE

VISTA VERDE
HELENA

PHILLIPS

POULSEN

BNSF - METROLINK

CAMARENA

COLUMBINE
KADOTA

CAMARENA

SAN BERNARDINO
TUDOR
GENEVA

KIMBERLY

SILICON

CO LUMBINE
HELENA
OLIVE
FELIPE

CARRIAGE

VIA ANGELO

PORT ILLA
RODEO

SHADOWOOD

SAN BERNARDINO
Ramona Pl
U.P.R.R.

OAK GLEN

OAKDALE
1 VIA NAPOLI
2 VIA AIDA
3 VIA M ORGANA DAVIS
4 VIA RIVIERA
5 VIA VIOLA

SYCAMORE
BENSON
U.P.R.R.

BANDERA
ASPEN
MARION

MISSION

FE LIPE

ROCKFORD
KADOTA
ROSE

CAMULOS
WESLEY

EL MORADO

DARTMOUTH

CALI CO

CENTRAL
FELIPE

CAMULOS
ARROW

AM HERST
MILLS

SAN PASQUAL
RAMONA
TUDOR

CANNERY
DENVER
BENSON

SARATOGA

VALLEJO

GRANADA
DENVER
BOLTON

KINGSLEY
MILLS
MILLS
YALE

VISTA JUANITA

ALLESANDRO

KINGSLEY
FLORA
EVART

KIMBERLY

BONNIE BRAE

BNSF - METROLINK

ALAMITOS
2 CARRIAGE

CAMULOS
5700
9400
11400
9100
4900
4100
10400
9700
5400
11100
3800
10100
9800
5500
11000
8900
11200
4700
9500
5200
9200
10000
5000
10700
4400
5300
8700
9300
3900
10800
10200
4500
5600
9000
10500
4800
4200
9600
5100
10600
3700
4300
9900
10900
11300
8800
4000
4600
10300

2.01 2.03

2.05 2.07

3.01 3.01

3.01 3.03

3.03 3.01
Source: City of Montclair, CA 2015 \Maps\Departments\Com Dev\Planning\CDBG_Eligibile_Map.mxd SMD Legend
CDBG Target Areas
Census Tract
City Boundary
Montclair
Ontario
County
CDBG Eligible
Target Areas
Montclair CA
MONTCLAIR CITY COUNCIL MEETING – 09/19/2022 Page 154 of 179 MONTCLAIR CITY COUNCIL MEETING – 09/19/2022 Page 155 of 179

CITY COUNCIL

AGENDA REPORT
DATE: SEPTEMBER 19, 2022
SECTION: CONSENT - RESOLUTIONS
ITEM NO.: 1
FILE I.D.: COV100/CYC125
DEPT.: CITY MGR.

PREPARER: A. MYRICK
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 22–3377 MAKING FACTUAL FINDINGS IN COMPLIANCE WITH AB 361 FOR THE CONTINUATION OF PUBLIC MEETING

TELECONFERENCING DURING PUBLIC HEALTH EMERGENCIES FOR THE PERIOD OF SEPTEMBER 19, 2022, THROUGH OCTOBER 19, 2022
REASON FOR CONSIDERATION: The City Council’s adoption of Resolution No. 22–3377 would extend the City’s remote public meeting procedures under AB 361 for an additional 30 days, expiring October 19, 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. 22–3377.

RECOMMENDATION: Staff recommends the City Council adopt Resolution No. 22–3377 making factual findings in compliance with AB 361 for the continuation of teleconferencing during public health emergencies for the period of September 19, 2022, through October 19, 2022.

MONTCLAIR CITY COUNCIL MEETING – 09/19/2022 Page 156 of 179 Resolution No. 22–3377 Page 1 of 3
RESOLUTION NO. 22–3377

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTCLAIR STATING COMPLIANCE WITH THE PROVISIONS OF ASSEMBLY BILL 361

INCLUDING COMPLIANCE WITH ABBREVIATED TELECONFERENCE

REQUIRMENTS FOR OPEN MEETINGS, AND MAKING FACTUAL FINDINGS REGARDING THE COVID–19 PUBLIC HEALTH EMERGENCY FOR THE
PERIOD OF SEPTEMBER 19, 2022, THROUGH OCTOBER 19, 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 – 09/19/2022 Page 157 of 179 Resolution No. 22–3377 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 – 09/19/2022 Page 158 of 179 Resolution No. 22–3377 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 October 19, 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. 22–3377 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 – 09/19/2022 Page 159 of 179

CITY COUNCIL

AGENDA REPORT
DATE: SEPTEMBER 19, 2022
SECTION: CONSENT - RESOLUTIONS
ITEM NO.: 2
FILE I.D.: TRN510
DEPT.: PUBLIC WORKS
PREPARER: M. HEREDIA
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 22–3379 APPROVING A FIVE–YEAR CAPITAL PROJECT NEEDS ANALYSIS FOR FISCAL YEARS 2023–24 THROUGH 2027– 28 REASON FOR CONSIDERATION: The San Bernardino County Transportation Authority (SBCTA) requires each local jurisdiction to annually update its Five–Year Capital Project Needs Analysis (CPNA). The City Council is requested to consider adopting Resolution No. 22–3379 pursuant to SBCTA requirements. A copy of proposed Resolution No. 22– 3379 is attached for the City Council’s review and consideration.

BACKGROUND: Measure I, the 2010–2040 countywide transportation sales tax program, requires that each local jurisdiction applying for funds from the Valley Major Street and Valley Freeway Interchange Program annually adopt and update Five–Year CPNAs. Projects in the CPNA typically include freeway interchange projects, arterial widening projects, and grade separation projects. Project funding also includes contributions from developers through the regional Development Impact Fee Program.

The CPNA projects in the City of Montclair that make use of the Valley Major Street and Freeway Interchange Program funds include the reconstruction of the Monte Vista Avenue/I–10 Freeway Interchange Project and the Monte Vista/Union Pacific Grade Separation Project. The CIP list identifies the projects which will be funded by the local pass–through program.

FISCAL IMPACT: There is no immediate fiscal impact to the City with the adoption of Resolution No. 22–3379. The CPNA, as its name implies, is a needs analysis allowing SBCTA to prioritize transportation improvement needs throughout the County. Having projects listed in the CPNA is not a guarantee that funds would be made available when needed, but failure to have a project listed would further delay funding until the project is listed. The City has been successful expediting construction of major infrastructure and utilized the available loan program from SBCTA to accelerate construction of improvements needed along Monte Vista Avenue. Future revenues from the SBCTA program will be used to pay the loan.

RECOMMENDATION: Staff recommends that the City Council adopt Resolution No. 22– 3379 approving a Five–Year CPNA for Fiscal Years 2023–24 through 2027–28.

MONTCLAIR CITY COUNCIL MEETING – 09/19/2022 Page 160 of 179 Resolution No. 22–3379 Page 1 of 2
RESOLUTION NO. 22–3379

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MONTCLAIR ADOPTING THE MEASURE I FIVE–YEAR CAPITAL
PROJECTS NEEDS ANALYSIS FOR FISCAL YEARS 2023/2024
THROUGH 2027/2028
WHEREAS, San Bernardino County voters approved passage of Measure I in November 2004, authorizing the San Bernardino County Transportation Authority to impose a one–half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino; and WHEREAS, revenue from the tax can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plans set forth in Ordinance No. 04–1 of the Authority; and
WHEREAS, the Strategic Plan requires each local jurisdiction applying for revenue from certain Measure I Programs to annually adopt and update a Five–Year Capital Project Needs Analysis; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Montclair hereby adopts the Measure I Five–Year Capital Project Needs Analysis for Fiscal Years 2023/2024 through 2027/2028, a copy of which is attached to this Resolution.

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. 22–3379 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 – 09/19/2022 Page 161 of 179 Resolution No. 22–3379 Page 2 of 2
MONTCLAIR CITY COUNCIL MEETING – 09/19/2022 Page 162 of 179 Public Works Committee Meeting Minutes – May 19, 2022 Page 1 of 5

MINUTES OF THE REGULAR MEETING OF THE PUBLIC WORKS
COMMITTEE HELD ON THURSDAY, MAY 19, 2022, AT 4:05 P.M. HELD

VIA ZOOM TELECONFERENCE
I. CALL TO ORDER
Chair Johnson called the meeting to order at 4:05 p.m.

II. ROLL CALL

Present: Council Member Johnson (Chair); Council Member Martinez (Committee Member); City Manager Starr; Director of Economic Development and Housing Fuentes; Executive Director of Public Safety/Police Chief Avels; Director of Public Works/City Engineer Heredia; Director of Community Development Diaz; Engineering Division Manager Stanton
III. APPROVAL OF MINUTES
The Committee approve the minutes of the March 17, 2022 meeting with revisions.

Committee Member Martinez abstained.

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

1. MAINTENANCE ACTIVITIES
An Operations Activities Report for January through April 2022 was included with the agenda. Director of Public Works/City Engineer Heredia highlighted the completion of 215 service work requests in March, which included signage, clean–up, repairs, paving surfaces, sidewalks, and irrigation. A total of 85 vehicles were serviced and over 13,000 linear feet of sewer main lines were cleaned. 325 graffiti sites were abated and 45 Metro Nissan banners were installed. The quarterly Transcenter clean–up was also completed in March. In April, staff completed 186 service requests. Staff also painted the retaining wall on the north side of Palo Verde Street between Mills Avenue and the San Antonio Creek Channel.

Also, “No Truck Parking” signs were also installed along Brooks Street between Monte Vista Avenue and Ramona Avenue.

2. ADDITIONAL ITEMS
Operations Manager Cardona coordinated time to plant fruit trees on Sunset Park for Arbor Day, and completed the required cross–connection testing of Saratoga Park.

MONTCLAIR CITY COUNCIL MEETING – 09/19/2022 Page 163 of 179 Public Works Committee Meeting Minutes – May 19, 2022 Page 2 of 5 B. FACILITIES

1. MAINTENANCE ACTIVITIES
Facilities Activities Reports for March 2022 and April 2022 were included with the agenda. Director of Public Works/City Engineer Heredia informed the Committee that Facilities staff was busy making several types of facility–related repairs including lighting, sewer lines, door stops, ice maker, ceiling, air conditioning, and generator, among other items. She advised the Splash Pad would be ready for public use by the end of May.

Chair Johnson expressed enthusiasm for the reopening of the Splash Pad.

Director of Public Works/City Engineer Heredia added staff also installed window shades, Country Fair Jamboree event banners, smoke detectors, new lighting, and a message board at Saratoga Ball Fields.

There were no questions or issues with the reports.

2. ADDITIONAL ITEMS
Facilities Manager Paradis completed the annual fire extinguisher certification for all facilities and vehicles, as well as the fire suppression systems certification at several City facilities.

C. ENGINEERING DIVISION

1. Safe Routes to School (SRTS) Program — Vernon Middle School Director of Public Works/City Engineer Heredia stated that staff installed “No U–turn” signs along the small medians on San Bernardino Street and Vernon Avenue, as requested by Vernon Middle School. Public Works staff also installed red tape on the stop sign poles for better visibility. The remainder of the signs for the SRTS Program for Vernon Middle School would be installed in the following months. Director of Public Works/City Engineer Heredia also mentioned she is coordinating a meeting with the Ontario Montclair School District (OMSD) to discuss the Active Transportation Plan (ATP) Cycle Six grant application involving the SRTS plan for Monte Vista Elementary School.

Chair Johnson conveyed questions from the principal at the OMSD Parent event.

2. San Antonio Creek Trail Feasibility Study
Director of Public Works/City Engineer Heredia stated that Alta Planning, the design consultant, completed the feasibility study and another workshop is being prepared for the end of June to address the concerns of City Council and residents raised at the last workshop.

City Manager Starr emphasized that the feasibility study is a conceptual plan and not a design plan; what was presented was a vision for the future San Antonio Creek Trail. Actual design plans would come later and in phases.

MONTCLAIR CITY COUNCIL MEETING – 09/19/2022 Page 164 of 179 Public Works Committee Meeting Minutes – May 19, 2022 Page 3 of 5

3. Parks and Recreation Master Plan
Director of Public Works/City Engineer Heredia reported that staff met with KTU&A, the consultant contracted for this project, for a kick–off meeting.

KTU&A will start preparing and branding a website and social media account specific to this project. In June, they plan to start site visits to all the parks in preparing inventory to make assessments of each park.

VI. POLICE DEPARTMENT UPDATE/ITEMS
Executive Director of Public Safety/Police Chief Avels expressed appreciaton towards Director of Public Works/City Engineer Heredia and her staff for installing “No Parking” signs on Brooks Street regarding the commercial parking. It has been an issue Safety staff have been trying to address and ensuring that there is clear direction for those parking in the area is paramount. He advised that Safety staff is aware of the illegal commercial parking throughout the City, noting a few problematic locations are the 5500 block of Olive Street, Moreno Street, Arrow Highway, Fremont Street near Olive Street, and Mills Avenue north of Holt Boulevard.

Executive Director of Public Safety/Police Chief Avels stated in the month of May, the watch commander noted 18 illegally parked commercial vehicles were cited in one shift. Executive Director of Public Safety/Police Chief Avels has personally observed a significant decrease in illegally parked commercial vehicles and stressed the importance of enforcing this to prevent a larger problem for public safety as is experienced in neighboring communities.

VII. COMMUNITY DEVELOPMENT DEPARTMENT PROJECT UPDATES/ITEMS Director of Community Development Diaz informed the Committee that the Metro Autoplex sign located on the southside of the Interstate 10 Freeway is not working.

The support structure for the new sign is located in front of the original sign and will be installed once the concrete has cured.

Director of Community Development Diaz reported Village Partners is getting close to obtaining building permits for the Village at Montclair project, which was presented to the City Council and Planning Commission on December 16, 2019.

VIII. CAPITAL PROJECT UPDATES
A. LOCAL PROJECTS

1. Pacific Electric Trail Pedestrian Bridge Replacement Engineering Division Manager Stanton reported the bridge was installed in April and it takes about four weeks for the new concrete to cure and reach its maximum strength. At the end of May, guard rails will be installed on the edge of the bridge and the project will be completed.

2. Zone 5 & 6 Street Rehabilitation Project
Engineering Division Manager Stanton reported that the Zone 5 & 6 Street Rehabilitation Project will begin the second week of June and will take about three to four months to complete. The starting point will be by the schools on Howard Street. The goal is to complete that section prior to the start of the new school year.

MONTCLAIR CITY COUNCIL MEETING – 09/19/2022 Page 165 of 179 Public Works Committee Meeting Minutes – May 19, 2022 Page 4 of 5 City Manager Starr inquired if City staff was able to come to a resolution with Gentry Brothers regarding the cost for their services. Engineering Division Manager Stanton said yes.

B. REGIONAL PROJECTS

1. I–10 Corridor Project
Public Works Director/City Engineer Heredia reported California Department of Transportation (Caltrans) continues working on the I–10 Corridor project on Monte Vista Avenue with their daytime and nighttime activities such as utility relocation and drainage improvements. Monte Vista Avenue is currently reduced to one lane in each direction during the daytime hours and is closed nightly from 7:00 p.m. to 5:00 a.m., Monday through Saturday.

Public Works Director/City Engineer Heredia informed the Committee that the contractor will start shoring the wing walls on Central Avenue undercrossing and activity will begin at Benson Avenue’s undercrossing in the next few weeks.

Public Works Director/City Engineer Heredia also advised there would be a 55–hour I–10 freeway closure from Vineyard Avenue to Fourth Street during the last two weeks of May.

2. Central Avenue Bridge Project
Director of Public Works/City Engineer Heredia stated that staff and the City’s bridge consultant are coordinating with Union Pacific Railroad (UPRR) Yard Expansion Project. Staff is currently reviewing the Water Quality Management Plan (WQMP).

In regards to the bridge, the City has submitted a request to Caltrans for a revised project end date to obtain the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA) clearance required for this project. Staff anticipated the report would be completed in July, but it is taking longer.

The design is projected to be completed in Spring of 2024. The City should be able to advertise the project in 2025 assuming the City receives the shortfall funding for construction.

BCA, the City’s consultant, submitted a request to Caltrans headquarters to approve a scope of work change to replace and widen the bridge. However, BCA was informed last month that the project has been flagged as a high– priority project to be reviewed, despite City staff not receiving any correspondence from Caltrans.

Director of Public Works/City Engineer Heredia continued that BCA also submitted a bridge plan submittal to UPRR. Staff is also waiting on Caltrans to respond to the Air Quality Conformity Analysis, along with a few other items to close out the environmental process by this July.

MONTCLAIR CITY COUNCIL MEETING – 09/19/2022 Page 166 of 179 Public Works Committee Meeting Minutes – May 19, 2022 Page 5 of 5

3. Foothill Gold Line Extension Project
City Manager Starr reported the project is nearing its 50 percent completion point. The Metro Gold Line Foothill Extension Construction Authority will be scheduling an event somewhere between Glendora to Pomona to recognize that the project is 50 percent complete. If progress continues at this rate, that section should open up in 2025. As far as the Pomona to Montclair segment, Governor Newsom submitted his May budget revise including $34 billion for transportation–related projects, which leaves the battle up to the State legislature to promote the funding the $748 million needed to complete the segment. While this project would use a significant portion of that budget, this project is important to the region.

Governor Newsom has heard the appeals of Montclair, which he did not oppose, but ultimately the legislature will finalize how the $34 billion will be spent on transit and transportation-related projects. City Manager Starr expressed optimism due to the wide level of support in the legislature to bring this project to fruition.

Director of Public Works/City Engineer Heredia added that she and Denis Cournoyer, Director of Engineering from Foothill Gold Line, had a discussion regarding the access to the Metrolink station from the Village Partners Development. Mr. Cournoyer asked for more information and was provided with the plans.

IX. COMMITTEE AND CITY MANAGER ITEMS — None
X. ADJOURNMENT
At 4:24 p.m., Chair Johnson adjourned the meeting of the Public Works Committee.

The next meeting of the Public Works Committee is scheduled to be held at 4:00 p.m. on Thursday, June 21, 2022.

Submitted for Public Works Committee
approval,
Nadia Paz
Transcribing Secretary
MONTCLAIR CITY COUNCIL MEETING – 09/19/2022 Page 167 of 179 Personnel Committee Minutes – August 15, 2022 Page 1 of 1

MINUTES OF THE MEETING OF THE MONTCLAIR

PERSONNEL COMMITTEE HELD ON MONDAY,
AUGUST 15, 2022, AT 6:16 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 6:16 p.m.

II. ROLL CALL

Present: Mayor Pro Tem Ruh, Council Member Johnson, City Manager Starr, Assistant City Manager/Director of
Human Services Richter
III. APPROVAL OF MINUTES
A. Minutes of the Regular Personnel Committee Meeting of August 1, 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 August 1, 2022.

IV. PUBLIC COMMENT – None
V. CLOSED SESSION
At 6:17 p.m., the Personnel Committee went into Closed Session regarding personnel matters related to appointments, resignations/ terminations, and evaluations of employee performance.

At 6:40 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 6:40 p.m., Mayor Pro Tem Ruh adjourned the Personnel Committee.

Submitted for Personnel Committee approval,
Edward C. Starr
City Manager
MONTCLAIR CITY COUNCIL MEETING – 09/19/2022 Page 168 of 179

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – August 15, 2022 Page 1 of 11

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, AUGUST 15, 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
Pastor Lance Irey, Trinity Lutheran Church, gave the invocation.

III. PLEDGE OF ALLEGIANCE
Mayor/Chair Dutrey 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; Assistant City Manager/Director of Human Services Richter; Executive Director of Public Safety/Police Chief Avels; City Attorney Robbins; City Clerk Myrick
V. PRESENTATIONS
A. Recognition of the California 52nd Assembly District Veteran of the Year, Woman of the Year, and Business of the Year
Mayor/Chair Dutrey and the City Council recognized the following awardees from the 52nd Assembly District:
 Veteran of the Year: Sgt. Cornelious Lambert
 Woman of the Year: Leticia “Letty” Rodriguez
Each honoree received a City of Montclair Certificate of Recognition.

Mayor/Chair Dutrey announced a representative from the Small Business of the Year, Bowlium, could not attend this evening and the certificate would be delivered to the business.

VI. PUBLIC COMMENT
A. Mrs. Kati Parker introduced herself as a candidate running for Board Member of the Chino Basin Water Conservation District and provided her qualifications.

B. Mrs. Carolyn Raft, Board Trustee, West Valley Mosquito and Vector Control District (WVMVCD), stated there have been several samples of mosquitoes testing positive for West Nile Virus throughout the region, with two in Rancho Cucamonga, one in Ontario, one in Upland, and one in Montclair and urged everyone to wear repellent, especially during these warm summer evenings.

C. Mr. Al Villanueva, Arbol Verde Preservation Committee founder, stated he lives in the “El Barrio” historic community and is one of the founders of El Barrio Park in Claremont. He expressed his opposition to the County building a public restroom near El Barrio Park along the Pacific Electric (PE) Trail, and stated his belief that it would attract homeless individuals, crime, vandalism, and drug use.

D. Mr. Donald DeBoen, resident, stated he lives near where the restroom will be installed by the PE Trail and there is already an issue with homeless individuals loitering in the area. He stated he believes another public restroom is not needed so close to a park that has public restrooms.

MONTCLAIR CITY COUNCIL MEETING – 09/19/2022 Page 169 of 179

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – August 15, 2022 Page 2 of 11 E. Mr. Bruce Culp, resident, expressed his support for users of the PE Trail who need access to public restrooms. He stated the trail is actively used, which deters criminal activity. He also stated his disdain for the vilification of homeless people.

F. Mr. Michael Keenan, Claremont resident, stated he utilizes the PE Trail and thinks there only needs to be a sign for trail users pointing to the public restrooms that are located about 500 feet away from the trail.

VII. PUBLIC HEARINGS
A. Consider Adoption of Resolution No. 22–3366 Making Findings Pursuant to the California Environmental Quality Act and Approving Tentative Parcel Map No. 20474 and a Precise Plan of Design for a Proposed 302–Unit Residential Apartment
Development Within the North Montclair Downtown Specific Plan on 9.96 Acres Located Approximately 200 Feet West of the Intersection of Monte Vista Avenue and Richton Street, West of the San Antonio Creek Channel at 4700 Huntington Drive
Mr. Reese Peterson, Trammel Crow Residential (TCR), provided an overview of the project aided by PowerPoint visuals. He also advised the City Council that TCR has proposed the following revisions to the Conditions of Approval (Exhibit A to Resolution No. 22–3366):
 Revision: CONDITIONS PRIOR TO THE SUBMITTAL OR APPROVAL OF A FINAL MAP (Condition Nos. 15–20) Planning/Administration  Add subsection (f) to Condition No. 15:
f. The Director of Community Development, or his/her
designee, shall have the authority to modify Conditions Nos. 15(a)–(e) (e.g., in the event that approval from third-party agencies delays project construction despite the Applicant’s best efforts).
 Revise hours in Condition No. 58: Construction activity shall only be permitted from the hours of 7:00 a.m. to 5 6:00 p.m. daily.

Mayor Dutrey declared it the time and place set for public hearing to consider Resolution No. 22–3366 and invited comments from the public.

Ms. Lydia Henry, a resident of the Claremont Arbol Verde community for over 30 years, stated her concerns related to transforming Huntington Drive into a thoroughfare for drivers wanting a faster connection to the mall, freeway, or transit center.

She stated Huntington Drive is currently a residential street and could not accommodate increased traffic levels, which would also create more safety issues. She stated any public restrooms should be added in the park at the trailhead of the PE Trail.

Mr. Keenan stated he had trouble finding the documents on the City’s website related to this item. He stated concerns of eminent domain being used for the addition of more homes around the development. He also asked if the community would have a gate for access to the PE Trail like other communities that abut the trail.

Mr. Villanueva stated he supports the project, which will support the affordable housing shortage. He stated his opinion that Trammel Crow’s other developments in the area have not
generated an increase in crime or gang activity.

Mrs. Raft stated she is happy to see this project and has wanted to see development of the site for a long time.

Mr. Culp stated he is generally supportive of projects like this; however, there are many factors preventing him from giving his full support. First, he is unclear about how the bridge will be built since there is currently no plan or agreement with the U.S. Army Corps of Engineers. He added he also objects to the $700,000 fee from MONTCLAIR CITY COUNCIL MEETING – 09/19/2022 Page 170 of 179

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – August 15, 2022 Page 3 of 11 the developer so the City can build affordable housing in other areas of the city. He stated he feels that money should go to sewer connections for residents in the area who have been waiting to connect to the City’s sewer line, and the developer should be required to make the housing they are building affordable. He added the north end of the city should provide affordable housing options and not be reserved for the wealthy.

Mr. Amin Nash stated he lives on Huntington Drive right next to the project site and believes the road is too narrow to support the traffic that will be generated by the high number of units being built, noting he feels it would become difficult to back out of his driveway.

He added while he appreciates the opportunity for public input, he would prefer the project not move forward at this time until considering other road configurations and traffic calming measures such as a roundabout.

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.

Council Member Johnson asked if traffic calming measures could be implemented on Huntington Drive to address the road safety concerns.

Mr. Peterson stated TCR would be happy to work with staff to develop traffic calming measures.

Council Member Johnson asked for the width and speed limit of Huntington Drive.

Director of Public Works/City Engineer Heredia advised the road is 40 feet wide. She noted it is two one–way lanes of traffic and the speed limit is 25 miles per hour. She added no changes are contemplated for width or speed limit, as it is already consistent with residential streets in the city.

The City Council received clarification on the following Conditions of Approval:
 Condition No. 20: TCR is working with staff and Arbol Verde neighborhood residents to implement culturally significant landmarks, artwork, and other features that pay homage to the area’s history into the development and public park.
 Condition No. 128: The referenced street study is being conducted by Moule and Polyzoides to develop the North
Montclair Streetscape Master Plan, including Huntington Drive.  Condition No. 129: The fair share of improvements to be contributed will be based on a formula agreed upon by the City and the developer.

Council Member Lopez stated the area is very culturally significant and he does not feel that adding a plaque to placate the Arbol Verde residents is acceptable. He also stated he believes Upland’s and Claremont’s concerns regarding traffic are valid and asked if a cul– de–sac configuration was considered.

Mr. Peterson emphasized TCR’s dedication to ensuring residents are part of the process of determining how to represent the culture and history of the area. As to the road issue, he stated that the extension of Huntington Drive is not part of the project, and the developer created this plan to conform to the approved specific plan.

Director of Community Development Diaz clarified no right–of–way changes nor eminent domain are currently being contemplated by staff. He advised the street study is being performed to determine how to address issues with Huntington Drive. He added 50 days have elapsed since Planning Commission approved the project, and in that time, staff has reached out to the Community Development Directors of both Upland and Claremont; however, the correspondence from both cities provided to the City Council just prior to the MONTCLAIR CITY COUNCIL MEETING – 09/19/2022 Page 171 of 179

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – August 15, 2022 Page 4 of 11 meeting was just received today, August 15, 2022, via email. He noted staff is certainly willing to meet with both cities to resolve any concerns, which will also be addressed by the study being conducted.

Mayor Pro Tem Ruh raised concerns about street parking and traffic hazards with deliveries being made on a narrow road like Huntington Drive. He stated he feels speed bumps may cause more issues and traffic hazards. He concurred that the property holds cultural significance for many area residents and agreed with preserving that heritage. He added that, while he supports efforts to build new housing to address the shortage throughout the state, he believes it needs to be affordable and he does not agree with separating and grouping all affordable housing together.

Council Member Martinez emphasized her appreciation for residents for bringing forward their concerns and writing letters in relation to this project, especially issues such as gentrification and cultural representation. She also commended TCR’s efforts to work with the residents to address their concerns.

Mayor Dutrey asked if the streetscape plan would be presented to the City Council for approval when completed.

City Manager Starr advised it would, adding TCR is only building a segment of Huntington Drive from Monte Vista Avenue to the west end of the property, but it would not connect to Huntington Drive; that connection is a decision to be made by the City Council at a future date, separate from this project, and should not be a part of this project’s consideration. He pointed out City of Claremont staff had originally proposed the extension of Huntington Drive to Monte Vista Avenue to Montclair staff approximately twenty years ago.

Mayor Dutrey asked if there is potential for a cul–de–sac configuration for Huntington Drive instead of connecting to the Claremont side on the west.

City Manager Starr indicated the North Montclair Downtown Specific Plan (NMDSP) provides for the street to connect; however, it would be the City Council’s decision and the specific plan could be amended. He added the streetscape plan would also provide additional studies for potential configurations of the street. He noted TCR planned the project on the assumption that the street would eventually become connected, as depicted in the NMDSP.

Council Member Lopez expressed his belief there is a lack of adequate parking within the project, noting he foresees residents and guests of the project and trail users parking on Huntington Drive and impacting the nearby residents. He also expressed concerns that the single–family home residents to the west of the development would be pushed out as a result of recommendations by future studies.

City Manager Starr stated the parking included within the development meets the requirements of the NMDSP, and added that deliveries can be made on the interior streets of the project.

Ms. Alisha Winterswyk, Best Best & Krieger, the City’s special counsel for planning and development, advised that the Housing Accountability Act prohibits the City Council from denying a project without making findings that relate directly to health and safety.

Moved by Council Member Martinez, seconded by Council Member Johnson, and carried 5–0, the City Council adopted Resolution No. 22–3366 making findings pursuant to the California Environmental Quality Act and approving Tentative Parcel Map No. 20474 and a Precise Plan of Design for a proposed 302–unit residential apartment development within the North Montclair Downtown Specific Plan on 9.96 acres located approximately 200 feet west of the intersection of Monte Vista Avenue and Richton Street, west of the San Antonio Creek channel at 4700 Huntington Drive, incorporating the changes proposed by the applicant to Exhibit A.

MONTCLAIR CITY COUNCIL MEETING – 09/19/2022 Page 172 of 179

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – August 15, 2022 Page 5 of 11 B. Second Reading — Consider Adoption of Ordinance No. 22–999 Adding Chapter 4.76 to Title 4 of the Montclair Municipal Code Related to Imposing a Cannabis Business License Tax (Subject to Final Approval by the Voters at the November 8, 2022 General Municipal Election)
Mayor Dutrey declared it the time and place set for public hearing to consider Ordinance No. 22–999 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 emphasized his belief that the voters should not be asked to put a tax into effect without first knowing the proposed regulations on the businesses to be taxed. He asked if the ordinances that were presented to the City Council in 2019 would go into effect upon voter approval at this November’s election.

City Manager Starr reiterated the prior ordinances are in no way connected to the ballot measures, and regulations would need to be considered separately by the City Council using the advisory measure as an indication of current voter support for cannabis businesses.

Council Member Lopez stated his understanding that the tax measure in no way addresses licensing, zoning, or the use of funds raised through the tax. He further noted this would allow taxation to be put into place at a rate under the City Council’s own discretion from zero percent up to seven percent, but only if cannabis businesses are legalized in Montclair by the City Council.

Moved by Council Member Lopez, seconded by Council Member Johnson, and carried that Ordinance No. 22–999 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– 999.

Second reading and adoption of Ordinance No. 22–999 was approved by the following 5–0 vote:

AYES: Lopez, Martinez, Johnson, Ruh, Dutrey
NOES: None
ABSTAIN: None
ABSENT: None
VIII. CONSENT CALENDAR
Item C–2 was pulled from the Consent Calendar.

City Manager Starr requested Item D–1 be adopted with staff’s recommended changes.

Mayor Dutrey entertained discussion on Item C–1 prior to vote on the Consent Calendar.

Moved by Council Member/Director Johnson, seconded by Council Member/Director Lopez, and carried unanimously 5–0, the City Council pulled Item C–2, accepted staff’s recommended changes to Item D–1 and approved the remainder of the Consent Calendar as presented, with discussion on Item C–1:

A. Approval of Minutes

1. Regular Joint Meeting — August 1, 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 August 1, 2022 regular joint meeting.

MONTCLAIR CITY COUNCIL MEETING – 09/19/2022 Page 173 of 179

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – August 15, 2022 Page 6 of 11 B. Administrative Reports

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

2. Approval of City Warrant Register and Payroll Documentation The City Council approved the Warrant Register dated August 15, 2022, totaling $2,743,764.37; and the Payroll Documentation dated July 3, 2022, amounting to $712,817.94 gross, with $498,513.69 net being the total cash disbursement; and the Payroll Documentation dated July 17. 2022, amounting to $657,648.47, with $461,573.44 net being the total cash
disbursement.

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

4. Approval of Successor Agency Warrant Register
The City Council acting as successor to the Redevelopment Agency Board approved the Successor to the Redevelopment Agency Warrant Register dated 07.01.22–07.31.22 in the
amounts of $6,121.49 for the Combined Operating Fund and $0.00 for the Redevelopment Obligation Retirement Funds.

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

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

07.01.22–07.31.22 in the amount of $32,000.79.

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

8. Approval of MHA Warrant Register
The MHA Commissioners approved the MHA Warrant Register dated 07.01.22–07.31.22 in the amount of $0.00.

9. Authorizing the Destruction of Certain Obsolete Public Records Pursuant to the City of Montclair Records Retention Schedule
The City Council authorized the destruction of certain obsolete public records pursuant to the City of Montclair Records Retention Schedule.

10. Authorizing the Purchase of a Vactor CNG 2110 Plus Sewer Cleaner Truck from Haaker Equipment Co.

Declaring a 2004 International Combo Sewer Truck (Unit
314) as Surplus and Available for Auction
The City Council took the following actions:
(a) Authorized the purchase of a Vactor CNG 2110 Plus Sewer Cleaner Truck from Haaker Equipment Co.
(b) Declared a 2004 International Combo Sewer Truck (Unit 314) as surplus and available for auction.

MONTCLAIR CITY COUNCIL MEETING – 09/19/2022 Page 174 of 179

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Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – August 15, 2022 Page 7 of 11 C. Agreements

1. Amending the 2019–2024 Capital Improvement Program to Include the Holt Boulevard Median and Street Rehabilitation Project
Approval of Agreement No. 22–84 with HR Green Pacific for the Preparation of Plans and Specifications for the
Construction of Median and Street Rehabilitation
Improvements on Holt Boulevard from Ramona Avenue to
Benson Avenue, Subject to Any Revisions Deemed Necessary by the City Attorney
Approval of Agreement No. 22–85 with AGA Engineers, Inc. for the Preparation of Plans and Specifications for the Construction of Traffic Signals Upgrades and Traffic Signal Interconnect and Broadband Fiber Optic Improvements,
Subject to Any Revisions Deemed Necessary by the City
Attorney
Authorizing a $503,000 Appropriation from 2021 Lease
Revenue Bond Proceeds for Costs Related to Agreement Nos. 22–84 and 22–85
Authorizing a $45,829.25 Design Services Contingency for the Project
Council Member Martinez noted this is a significant project for the south end of the community and expressed her appreciation for the coming improvements.

The City Council took the following actions:
(a) Amended the 2019–2024 Capital Improvement Program
to include the Holt Boulevard Median and Street
Rehabilitation Project.
(b) Approved Agreement No. 22–84 with HR Green Pacific for the preparation of plans and specifications for the
construction of median and street rehabilitation
improvements on Holt Boulevard from Ramona Avenue to
Benson Avenue, subject to any revisions deemed
necessary by the City Attorney.
(c) Approved Agreement No. 22–85 with AGA Engineers, Inc. for the preparation of plans and specifications for the construction of traffic signals upgrades and traffic signal interconnect and broadband fiber optic improvements,
subject to any revisions deemed necessary by the City
Attorney.
(d) Authorized a $503,000 appropriation from 2021 Lease Revenue Bond proceeds for costs related to Agreement
Nos. 22–84 and 22–85.
(e) Authorized a $45,829.25 design services contingency for the Project.

3. Approval of Agreement No. 22–89 with San Bernardino
County for Access to the Sheriff’s Automated Systems,
Subject to Any Revisions Deemed Necessary by the City
Attorney
Authorizing Executive Director of Public Safety/Police Chief Robert Avels to Sign Agreement No. 22–89
The City Council took the following actions:
(a) Approved Agreement No. 22–89 with San Bernardino
County for access to the Sheriff’s Automated Systems,
subject to any revisions deemed necessary by the City
Attorney.
(b) Authorized Executive Director of Public Safety/Police Chief Robert Avels to sign Agreement No. 22–89.

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Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – August 15, 2022 Page 8 of 11

4. Approval of Agreement No. 22–90 with the San Bernardino County Office of Homeless Services to Accept an Award for the Homeless Housing, Assistance, and Prevention Program Round 2 (HHAP2), Subject to Any Revisions Deemed
Necessary by the City Attorney
Authorizing the City Manager to Sign Agreement No. 22–90 and Any Other Related Documents to Effectuate Related
Programs
The City Council took the following actions:
(a) Approved Agreement No. 22–90 with the San Bernardino County Office of Homeless Services to accept an award for the Homeless Housing, Assistance, and Prevention
Program Round 2 (HHAP2), subject to any revisions
deemed necessary by the City Attorney.
(b) Authorized the City Manager to sign Agreement No. 22– 90 and any other related documents to effectuate related programs.

D. Resolutions

1. Adoption of Resolution No. 22–3342 Approving Agreement No. 22–26, an Affordable Housing Agreement Between the
City, MHC, and MHA; Authorizing the Transfer of Certain Real Property located at 5072 Moreno Street to the Montclair Housing Authority; and Declaring the Real Property to be Exempt Surplus Land
Adoption of Montclair Housing Authority Resolution No. 22– 01 Approving Agreement No. 22–26, an Affordable Housing Agreement, and Accepting the Transfer of Certain Real
Property from the City of Montclair
Adoption of Montclair Housing Corporation Resolution No. 22–02 Approving Agreement No. 22–26, an Affordable
Housing Agreement
Authorization of a $40,000 Appropriation from the Housing Trust Fund for Rehabilitation of the Property Located at 5072 Moreno Street
City Manager Starr advised staff recommends the City Council, Montclair Housing Authority (MHA), and Montclair Housing Corporation (MHC) approve the addition of the following recital to each of the three proposed resolutions: “WHEREAS, no development of the Property is contemplated;”
The City Council took the following actions:
(a) Amended Resolution No. 22–3342 by adding the
following recital: “WHEREAS, no development of the
Property is contemplated; and”.
(b) Adopted Resolution No. 22–3342, as amended, approving Agreement No. 22–26, an Affordable Housing Agreement
between the City, MHC, and MHA; authorized the transfer of certain real property located at 5072 Moreno Street to the Montclair Housing Authority; and declaring the real property to be exempt surplus land.

The Montclair Housing Authority took the following actions:
(a) Amended MHA Resolution No. 22–01 by adding the
following recital: “WHEREAS, no development of the
Property is contemplated; and”.
(b) Adopted MHA Resolution No. 22–01, as amended,
approving Agreement No. 22–26, an Affordable Housing
Agreement, and accepting the transfer of certain real
property from the City of Montclair.

MONTCLAIR CITY COUNCIL MEETING – 09/19/2022 Page 176 of 179

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Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – August 15, 2022 Page 9 of 11 The Montclair Housing Corporation took the following actions:
(a) Amended MHC Resolution No. 22–02 by adding the
following recital: “WHEREAS, no development of the
Property is contemplated; and”.
(b) Adopted MHC Resolution No. 22–02, as amended,
approving Agreement No. 22–26, an Affordable Housing
Agreement.
(c) Authorized a $40,000 appropriation from the Housing Trust Fund for rehabilitation of the property located at 5072 Moreno Street.

2. Adoption of Resolution No. 22–3376 Making Factual
Findings in Compliance with AB 361 for the Continuation of Public Meeting Teleconferencing During Public Health
Emergencies for the Period of August 15, 2022, through
September 14, 2022
The City Council adopted Resolution No. 22–3376 making
factual findings in compliance with AB 361 for the continuation of public meeting teleconferencing during public health emergencies for the period of August 15, 2022, through
September 14, 2022.

IX. PULLED CONSENT CALENDAR ITEMS
C. Agreements

2. Approval of Agreement Nos. 22–86, 22–87, and 22–88 with Montclair Little League and Golden Girls Softball League for Use of Ball Field Facilities, Subject to Any Revisions Deemed Necessary by the City Attorney
Council Member Lopez stated his understanding that the
contracts approved earlier this year were to cover the full year.

Director of Human Services Richter advised the prior contracts ended in August and new contracts would cover the upcoming season through December.

Moved by Mayor Pro Tem Ruh, seconded by Council Member
Johnson, and carried 5–0, the City Council approved Agreement Nos. 22–86, 22–87, and 22–88 with Montclair Little League and Golden Girls Softball League for use of ball field facilities, subject to any revisions deemed necessary by the City Attorney.

X. COMMUNICATIONS
A. Department Reports — None
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
54956.8 Regarding Real Property Negotiations
Properties: APNs 1009–383–17–0000 & 1009–391–20–0000
Negotiating Parties: City of Montclair, Boyce and Green Inc. Ownership, and Cynthia L. Cox Agency Negotiator: Edward C. Starr, City Manager
Under Negotiations: Recommendations Regarding Purchase Price C. City Manager/Executive Director — None
D. Mayor/Chair
Mayor/Chair Dutrey made the following comments:

1. He commended the successful National Night Out event and thanked all staff involved.

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PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – August 15, 2022 Page 10 of 11

2. He acknowledged upcoming days and months of recognition, holidays, and celebrations:
 August 14 — Victory in Japan Day
 August 26 — Women’s Equality Day
 September 5 — Labor Day
 September 11 — National Grandparents Day
 September 16 — Mexican Independence Day
 September 16 — National POW/MIA Recognition Day
 September 17 — Constitution Day
 September 23 — Native American Day
 September 25–27 — Rosh Hashanah
 Sept. 15 – Oct. 15 — National Hispanic Heritage Month

3. He recognized all candidates for the upcoming General Municipal Election: himself and Oscar Miranda running for Mayor; and Mayor Pro Tem Ruh, Council Member Martinez,
Xavier Mendez, and Juliet Orozco running for City Council; and wished everyone luck on their campaigns.

E. Council Members/Directors

1. Mayor Pro Tem/Vice Chair Ruh made the following comments:
(a) He thanked veterans who fought during the Victory Day in Japan marking the end of World War II.
(b) He stated 60 percent of water is used outdoors and that mowed green turf is the most irrigated crop. He noted the state may soon outlaw green landscapes if things get too drastic. He urged residents to conserve water as much as possible.

2. Council Member/Director Lopez made the following comments:
(a) He and all other Council Members attended the Montclair High School (MHS) booster club’s spaghetti dinner
fundraiser event for the football team.
(b) He announced the MHS Cavaliers will have its first
football game of the season on Friday, August 19th,
playing against the Village Christian Challengers. He
encouraged the community to come and support their
team.

3. Council Member/Director Johnson announced her attendance at the National League of Cities Women in Municipal Government conference last week in Sacramento, which covered issues from childcare to education. She stated a fascinating seminar was presented on disaster preparedness. She indicated her interest in learning about the City’s disaster preparedness plans that are in place.

4. Council Member/Director Martinez shared that her sister had just completed her first day of classes at Chaffey College. She added that her sister received a Montclair to College (MTC) scholarship, which provides two years of free tuition at Chaffey for MHS graduates. She noted their mother also attended Chaffey, while she attended Mt. San Antonio College, where she also served on the student government board.

F. Committee Meeting Minutes

1. Minutes of Personnel Committee Meeting of August 1, 2022 The City Council received and filed the minutes of the Personnel Committee meeting of August 1, 2022, for informational
purposes.

XI. CLOSED SESSION
At 9:30 p.m., the City Council went into closed session to discuss real property negotiations.

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PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – August 15, 2022 Page 11 of 11 XII. CLOSED SESSION ANNOUNCEMENTS
At 9:42 p.m., the City Council returned from closed session. Mayor Dutrey announced that the City Council met in closed session to discuss real property negotiations; information was received and direction given to staff; and no further announcements would be made at this time.

XIII. ADJOURNMENT
At 9:42 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.

Andrea Myrick,
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 09/19/2022 Page 179 of 179