Agenda packet — Montclair City Council, November 21, 2022

CITY OF MONTCLAIR

CITY COUNCIL

SUCCESSOR REDEVELOPMENT AGENCY,

MONTCLAIR HOUSING CORPORATION, MONTCLAIR

HOUSING AUTHORITY, AND MONTCLAIR COMMUNITY

FOUNDATION MEETINGS
AGENDA
MONDAY, NOVEMBER 21, 2022
7:00 p.m.

Location
Council Chamber
5111 Benito Street
Montclair, CA 91763
Webinar Link
https://zoom.us/j/93717150550
Dial #
1–669–900–6833
Meeting ID
937–1715–0550
Mayor
Javier “John” Dutrey
Mayor Pro Tem
Bill Ruh,
Council Members
Tenice Johnson
Corysa Martinez
Benjamin “Ben” Lopez
City Manager
Edward C. Starr
City Attorney
Diane E. Robbins
City Clerk
Andrea M. Myrick

REGULAR JOINT MEETING OF THE

CITY COUNCIL, SUCCESSOR AGENCY, MONTCLAIR HOUSING CORPORATION,

MONTCLAIR HOUSING AUTHORITY, AND MONTCLAIR COMMUNITY FOUNDATION to be held in the Council Chambers
5111 Benito Street, Montclair, California
Monday, November 21, 2022
7:00 p.m.

Remote Participation Information:

Zoom Link: https://zoom.us/j/93717150550
Dial Number: 1 (669) 900–6833
Meeting ID: 937–1715–0550
If you want to submit a public comment or speak on an agenda item, including public hearing and closed session items, please complete a Speaker Card in the Council Chambers or online at https://www.cityofmontclair.org/public-comment/. The Mayor/Chair (or the meeting’s Presiding Officer) will call on those who submitted requests to speak at the appropriate times during the meeting. Those who did not submit a request to speak who are present at the meeting location may raise their hand during Public Comment to request to speak. Those participating remotely may request speak using the “raise hand” function in Zoom or may dial *9 if on the phone, and then *6 to un–mute when called on to speak. Written comments (200–word limit per agenda item, and 200–word limit for all non–agenda items combined) and requests to speak can also be emailed to [email protected] at least one hour before the meeting begins.

Video recordings of Council meetings are available on the City's website at https://www.cityofmontclair.org/council-meetings/ and can be accessed by the end of the business day following the meeting.

AGENDA
I. CALL TO ORDER City Council [CC], Successor Agency Board [SA], Montclair Housing Corporation Board [MHC],
Montclair Housing Authority Commission [MHA],
Montclair Community Foundation Board [MCF]
II. INVOCATION
In keeping with our long–standing tradition of opening our Council meetings with an invocation, this meeting may include a nonsectarian invocation. Such invocations are not intended to proselytize or advance any faith or belief or to disparage any faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation.

III. PLEDGE OF ALLEGIANCE
IV. ROLL CALL
V. PRESENTATIONS — None
VI. PUBLIC COMMENT
During Public Comment, you may comment on any subject that does not appear on this agenda. Each speaker has up to five minutes. The meeting’s presiding officer may provide more or less time to accommodate speakers with special needs or a large number of speakers waiting in line. (Government Code Section 54954.3).

If you did not submit a Speaker Card and would like to speak on an item on the Consent Calendar, please raise your hand during Public Comment to announce the agenda item you would like to provide comments on. The presiding officer will pull the item from the Consent Calendar and will then call on you to speak at the time of the item’s consideration.

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

VII. PUBLIC HEARINGS
A. Consider Adoption of Resolution No. 22–3381, a Resolution of Necessity for the Acquisition of an Easement of Interest in Certain Real Property, by Eminent Domain, Located in the City of Montclair, San Bernardino County, California (APN 1009–383–17) for the City of Montclair’s San Antonio Creek Pedestrian Bike Path Project [CC] 5

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VIII. CONSENT CALENDAR
A. Approval of Minutes

1. Regular Joint Meeting — November 7, 2022 [CC/SA/MHC/MHA/MCF] 141 B. Administrative Reports

1. Consider Receiving and Filing of Treasurer’s Report [CC] 23

2. Consider Approval of Warrant Register & Payroll Documentation [CC] 24

3. Consider Receiving and Filing of Treasurer’s Report [SA] 25

4. Consider Approval of Warrant Register [SA] 26

5. Consider Receiving and Filing of Treasurer’s Report [MHC] 27

6. Consider Approval of Warrant Register [MHC] 28

7. Consider Receiving and Filing of Treasurer’s Report [MHA] 29

8. Consider Approval of Warrant Register [MHA] 30

9. Consider Authorizing a $7,500 Appropriation from the State Asset Forfeiture Fund for the Purchase of Materials and Hardware for Repairs to the Police Department Firearms Shooting Range [CC] 31 C. Agreements

1. Consider Approval of the First Amendment to Agreement No. 22–36 with Sewer Service Providers Within the Inland Empire Utilities Agency Service Area for Additional Costs Related to Negotiations for Revisions to the Chino Basin Regional Sewage Service Contract [CC]
Consider Authorizing a $4,286 Appropriation from the Sewer Fund for Costs Related to the First Amendment to Agreement No. 22–36 [CC] 32

2. Consider Approval of Agreement No. 22–101 with the San Bernardino County Office of Emergency Services Authorizing the Receipt of $17,275 from the FY 2021 Homeland Security Grant Program [CC]
Consider Authorizing City Manager Starr to Sign Agreement No. 22–101 [CC] Consider Authorizing a $17,275 Appropriation from the Public Safety Grant Fund to Purchase an Electronic Message Board Trailer [CC] Consider Authorizing a $1,390 Appropriation from the State Asset Forfeiture Fund to Cover the Remaining Balance of the Electronic Message Board Trailer [CC] 37

3. Consider Approval of Agreement No. 22–108 with Lexipol, LLC for Continued Maintenance of the Police Department’s Policy and Procedures Manual, Law Enforcement Daily Training Bulletins (DTB), and DTB Management Services [CC] 48

4. Consider Approval of Agreement No. 22–109 with Lexipol, LLC for Continued Maintenance of the Fire Department’s Policy and Procedures Manual and Fire Service Daily Training Bulletins [CC] 58 MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 2 of 141 Page No.

5. Consider Awarding a Contract to Arnold Fields Painting in the Amount of $29,000 with a $5,000 Contingency for City Hall Interior Painting Services [CC]
Consider Approval of Agreement No. 22–111 with Arnold Fields Painting for City Hall Interior Painting Services Subject to Any Revisions Deemed Necessary by the City Attorney [CC]
Consider Authorizing a $34,000 Appropriation from the Building Maintenance Reserve Fund for City Hall Interior Painting Services [CC] 68

6. Consider Approval of Agreement No. 22–112 with LD King, Inc. for Engineering Design Services for Street and Storm Drain Improvements for the Arrow Highway and Fremont Avenue Improvement Project, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] Consider Authorizing an $8,286 Engineering Design Services Contingency for Agreement No. 22–112 [CC]
Consider Authorizing a $53,000 Appropriation from the Redevelopment Project Area No. III Tax Allocation Bond Fund for Costs Related to Agreement No. 22–112 [CC] 74
D. Resolutions — None
IX. PULLED CONSENT CALENDAR ITEMS
X. BUSINESS ITEMS
A. Consider Authorizing the Preparation of Action Minutes as the Official Record of City Council and Commission Meetings [CC]
Consider Revising the Retention Period for Video/Audio Recordings of Meetings to “Permanent” for Those with Action Minutes Prepared [CC] 100 XI. COUNCIL WORKSHOP
A. David Turch & Associates, Federal Legislative Advocate Presentation (The City Council may consider continuing this item to an adjourned meeting on Monday, December 5, 2022, at 5:45 p.m. in the City Council Chambers) XII. COMMUNICATIONS
A. Department Reports

1. Human Services Department — Upcoming Holiday Activities & Events

2. Police Department — Dashing Through Montclair
B. City Attorney

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

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

Kresback v. Hamilton, City of Montclair, et al.

Dowser v. City of Montclair

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2. Request for City Council to Meet in Closed Session Pursuant to Government Code Section 54957.6 Regarding Conference with Designated Labor Negotiator Edward C. Starr [CC]
Agency: City of Montclair
Employee Management
Associations: Montclair City Confidential Employees Association Montclair General Employees Association
Montclair Fire Fighters Association
Montclair Police Officers Association

3. Request for City Council to Meet in Closed Session Pursuant to Government Code §54956.9(d)(4) Regarding Potential Litigation [CC] 1 Potential Case
C. City Manager/Executive Director
D. Mayor/Chairperson
E. Council Members/Directors
F. Committee Meeting Minutes (for informational purposes only)

1. Personnel Committee Meeting — November 7, 2022 [CC] 136 XIII. CLOSED SESSION
XIV. CLOSED SESSION ANNOUNCEMENTS
XV. ADJOURNMENT
The next regular joint meeting of the City Council, Successor Agency Board, Montclair Housing Corporation Board, Montclair Housing Authority Commission, and Montclair Community Foundation Board will be held on Monday, December 5, 2022, at 7:00 p.m.

Reports, backup materials, and additional materials related to any item on this Agenda distributed to the meeting bodies after publication of the Agenda packet are available for public inspection in in the Office of the City Clerk between 7:00 a.m. and 6:00 p.m., Monday through Thursday. Please call the City Clerk’s Office at (909) 625–9416 or send an e–mail to [email protected] to request documents via e–mail.

If you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (909) 625–9416 or e–mail [email protected]. Notification prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35.102–35.104 ADA Title II)
I, Andrea M. Myrick, City Clerk, hereby certify that I posted, or caused to be posted, a copy of this Agenda not less than 72 hours prior to this meeting on the City’s website at https://www.cityofmontclair.org/agendas/ and on the bulletin board adjacent to the north door of Montclair City Hall at 5111 Benito Street, Montclair, CA 91763 on Thursday, November 17, 2022.

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CITY COUNCIL

AGENDA REPORT
DATE: NOVEMBER 21, 2022
SECTION: PUBLIC HEARINGS
ITEM NO.: A
FILE I.D.: LDU075
DEPT.: ECONOMIC DEV.

PREPARER: M FUENTES
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 22–3381, A RESOLUTION OF NECESSITY

FOR THE ACQUISITION OF AN EASEMENT OF INTEREST IN CERTAIN REAL PROPERTY,

BY EMINENT DOMAIN, LOCATED IN THE CITY OF MONTCLAIR, SAN BERNARDINO COUNTY, CALIFORNIA (APN 1009–383–17) FOR THE CITY OF MONTCLAIR’S SAN

ANTONIO CREEK PEDESTRIAN BIKE PATH PROJECT
REASON FOR CONSIDERATION: The City Council is requested to consider adoption of a resolution of necessity for the acquisition of an easement of interest in Assessor Parcel No. 1009–383–17. This easement interest is required for the City of Montclair’s San Antonio Creek Pedestrian Bike Path Project (Project). The Project will construct a multimodal transit corridor to service pedestrians and cyclists, as well as allowing for activities such as walking, jogging, hiking, and exercising.

A copy of proposed Resolution No. 22–3381 is attached for City Council review and consideration.

BACKGROUND: The San Antonio Creek Pedestrian Bike Path (Project) is envisioned to be a vibrant, connected, and safe multi–use greenway path that will run north–south through the entire western area of the City of Montclair, originating from the Pacific Electric Trail near Monte Vista Avenue and Richton Street, and continuing three miles south to Montclair’s City limits at Mission Boulevard. When complete, the trail will provide new connections between neighborhoods, parks, schools, and other community destinations.

There are several existing City plans that establish a vision and need for the Project. A major pillar of the update to the General Plan Update is its vision to implement a city– wide green network of trails, green streets, open spaces, and parks. The proposed General Plan acknowledges the San Antonio Creek Channel as an important ecological feature that has the potential to offer a great new asset to the City of Montclair and the region’s daily life.

The General Plan positions the San Antonio Creek Channel as the backbone connecting other parks and open spaces throughout the City. Actionable items detailed in the General Plan include the development of a trail along the San Antonio Creek Channel.

Additionally, the Montclair Active Transportation Plan, adopted by the City Council at the December 7, 2020 City Council Meeting, proposes the creation of an active transportation network and provided a list of prioritized corridors. The San Antonio Creek Channel was ranked 7 out of 23 corridors. The bicycle network detailed in the Montclair Active Transportation Plan includes a proposed Class I bike path along the channel from the Pacific Electric Trail to the southern City limits. Lastly, the Montclair Safe Routes to School Plan, also adopted by the City Council at the December 7, 2020 City Council Meeting, provides a framework for the City to improve the health, safety, and equity of students, parents, and the community in areas surrounding schools. The four goals employed by the Safe Routes to School Plan includes safety, accessibility, MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 5 of 141 public health, and equity. The San Antonio Creek Channel is within a walkable distance as identified by the Safe Routes to School Plan from four schools Lehigh Elementary School, Montclair High School, Serrano Middle School, and Moreno Elementary School in Montclair. The Safe Routes to School Plan identifies the channel as an opportunity to create a multi–use trail.

In addition, many communities throughout the region have developed trails along waterways like the San Antonio Creek Channel, such as the Santa Ana River Trail, Los Angeles River Trail, the Rio Hondo Trail, and the San Gabriel River Trail.

Appraisal of Assessor Parcel No. 1009–383–17
City staff obtained appraisals of the affected property from Bradford Thomson, MAI, AI– GRS, SR/WA, of Thompson & Thompson and made an offer of just compensation to the property owner pursuant to California Government Code section 7267.2. Title reports from Orange Coast Title Company of Southern California – Inland Empire Division Title Company and property research from Data Tree were ordered to determine the identity of the record owners.

In this case of Assessor Parcel No. 1009–383–17 an offer of just compensation has been made to the owner for the full Fair Market Value as determined by the appraisal conducted by Thompson & Thompson in the amount of $7,600. City staff attempted to negotiate a voluntary acquisition in good faith, and will continue to do so throughout the process.

California’s definition of Fair Market Value is one of the most inclusive definitions in the United States and requires the appraiser to consider the highest and best use of the property and the appraiser to consider the highest price a willing buyer and seller would agree to. The City’s appraisals must use this definition of Fair Market Value.

Eminent Domain Power
The power of eminent domain is used by cities only as a last resort to obtain interests necessary for projects after the following:

1. Negotiations have stalled; or

2. The owner has requested that the City proceed directly to eminent domain for tax or other advantages; or

3. The eminent domain process is necessary to clear the title to the property.

California eminent domain law provides that a public entity may not commence with eminent domain proceedings until its governing body has adopted a Resolution of Necessity by a two–thirds vote of all the members of a governing body, which may only be adopted after the governing body has given each party with an interest in the affected property, or their representatives, a reasonable opportunity to appear and be heard on the following matters:

1. The public interest and necessity require the proposed project;

2. The project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury;

3. The real property to be acquired is necessary for the project; and MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 6 of 141

4. The offers of just compensation have been made to the property owner.

Since an agreement has not been reached with the owner of the Assessor Parcel No. 1009–383–17, acquisition by eminent domain is the City’s last option. The initiation of the eminent domain process is accomplished by the City’s adoption of a resolution of necessity for the affected property.

Following standard public records and due diligence searches for ownership information, a notice of this public hearing was mailed to the property owner.

The record owner must be afforded an opportunity to appear at the hearing and lodge objections.

A notice of this public hearing and resolution of necessity, was sent by first class mail on November 7, 2022, to the recorded owner in accordance with Section 1245.235 of the California Code of Civil Procedure. The notice stated the City’s intent to consider the adoption of a resolution, the right of the property owner to appear and be heard on these issues, and that failure to file a written request to appear would result in a waiver of the right to appear and be heard.

The City scheduled this hearing at which all persons who filed a written request in compliance with applicable law may appear and be heard.

Description of Property to be Acquired
The property affected by the proposed acquisition is described as follows:

Flood Control Channel/San Antonio Creek, North Side of Kingsley Street, West of Sunset Park, Montclair, California 91763, more particularly described as Assessor Parcel No. 1009–383–17. This property is owned by Boyce & Green, Inc. The proposed acquisition consists of one (1) permanent easement interest in a portion of the real property. The subject property is partially improved with a concrete flood control channel, which contains drainage and storm water flows, known as the San Antonio Creek/Channel.

Additional site improvements include chain–link fencing. The subject property is encumbered and improved with a flood control channel and sanitary sewer easement. The legal definitions, descriptions and depictions are attached hereto as Exhibit 1 to Resolution No. 22–3381.

Hearings and Required Findings
The recommended action of the City Council pertains to the acquisition of one (1) easement interest in certain real property, more particularly known as Assessor Parcel 1009–383–17 (Property).

The above four required findings related to use of eminent domain are addressed as follows:
 Finding 1: Public Interest and Necessity Require the Project The City proposes to construct and maintain a 3–mile multimodal transit corridor to service pedestrians and cyclists, as well as allow for activities such as walking, jogging, hiking, and exercising. The Project will add parkland space to the community.

MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 7 of 141 The City’s population is currently underserved by park and open spaces. The Project will provide citizens with a safe path that connects to parks, open spaces, businesses, and schools. The trail will promote healthy commerce to businesses along the path. It will also enable the residents of Montclair a safe place to exercise and come together.

The Project is envisioned to be a vibrant, connected, and safe multi–use greenway path that will run north–south through the entire City, originating from the Pacific Electric Trail near Monte Vista Avenue and Richton Street, and continuing 3–miles south to Montclair’s City limits at Mission Boulevard. When complete, the trail will provide new connections between neighborhoods, parks, schools, and other community destinations. The Project will permit walking access for parents and students from four surrounding schools including Lehigh Elementary School, Montclair High School, Serrano Middle School, and Moreno Elementary School.

The public interest will greatly benefit from this Project.  Finding 2: The Project is Planned or Located in a Manner Most Compatible with Greatest Public Good and Least Private Injury
At the February 16, 2021, City Council Meeting, the City Council approved Agreement No. 21–05 with Alta Planning & Design, Inc. for Alta to prepare the San Antonio Creek Channel Multimodal Connectivity Plan. The “San Antonio Creek Trail Feasibility Study” was completed in April 2022. The Feasibility Study deeply looks into all aspects of the proposed Project, including all alternatives for the City’s acquisition of properties needed to complete the Project. To determine the most feasible alignment for the San Antonio Creek Trail, the project team:
 Established qualitative and quantitative criteria to evaluate each alignment alternative’s relationship to the project goals and objectives;  Identified all possible alignments drawing each alternative route (29 in total) on a map; and
 Applied the evaluation criteria to each alignment alternative to determine which alignments best support the project goals and objectives, leading to a preferred alignment.

The Feasibility Study determined the preferred alignment of the Project as determined through the evaluation process outlined above. Because the San Antonio Creek Channel has two existing maintenance paths, one on each bank, the City can make use of both spaces for the trail. There is one primary alignment envisioned as a multi–use trail for people walking and biking, and where feasible, a walking path may be located on the opposite bank from the primary trail alignment. The Project is envisioned to be constructed in segments, commencing with Segment 1. Currently, the City is seeking right–of–way for Segment 1 of the Project as part of funding received from the California Department of Transportation (Caltrans) Clean California Local Grant program of $4,174,097.

MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 8 of 141 After the completion of the Feasibility Study, the City has held two public workshops, one held on May 2, 2022, and the second on June 28, 2022, wherein members of the public were able to learn about the proposed Project and provide input.

Additionally, the City has been able to learn from communities throughout the region that have built and maintained similar trails and parks adjacent to flood control facilities, such as the CV Link in Coachella Valley, the Santa Ana River Trail in Anaheim, and the San Antonio Creek Channel in Upland.

To move this Project elsewhere would cause a greater impact in the new location as well as to nearby residents, and would be much more costly at the expense of local taxpayers. Notification of street closures and alternate route alternatives, if any, will be provided in advance to all residents in close proximity of the project.

All efforts will be made to pursue Project completion as quickly as possible once work is begun.
 Finding 3: The Real Property to be Acquired is Necessary for the Project The acquisition of the Property is needed to facilitate the construction of the Project. Specifically, the Property is located along the San Antonio Creek Channel, and is needed to commence Segment 1 of the Project. As the Property is located along the proposed path, there are no alternative locations the City can acquire to complete Segment 1 of the Project.
 Finding 4: The Offer of Just Compensation Has Been Made Appropriate sources, including title reports from Orange Coast Title Company of Southern California – Inland Empire Division Title Company and property research from Data Tree, were used to confirm and identify the party with an interest in the property affected by the Project. The City obtained appraisals of the affected property from Thompson and Thompson.

The City made the following offer of just compensation to the following property owner, as established by the approved appraisals and as required by Section 7267.2 of the California Government Code:

On September 14, 2022 an offer to Boyce Green Services LLC was made for one (1) permanent easement interest in property located at the North Side of Kingsley Street, West of Sunset Park in Montclair, California 91763, more particularly described as Assessor Parcel No. 1009–383–17, in the amount of $7,600.

Environmental Analysis
The acquisition of a fee interest for a public park is exempt from environmental review under the California Environmental Quality Act (“CEQA”, Pub. Resources Code, § 21000 et seq.). Specifically, State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) Section 15316 (transfer of ownership of land to create parks) exempts the acquisition of land in order to establish a park where the land is in a natural condition and a management plan for the park has not yet been prepared. The subject property is vacant except for the large power transmission poles located within the southerly 110 feet of the parcel. A review to determine environmental consistency with CEQA will be MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 9 of 141 performed if and when a future management plan, land use changes, or physical improvements are proposed for the site. None of the exceptions to the categorical exemption listed above apply to the project. No further environmental review or findings are required prior to the City’s action on the proposed Resolution of Necessity.

FISCAL IMPACT: Adoption of proposed Resolution No. 22–3381 would result in a fiscal impact of $7,600 for the acquisition of easement interest payable from the Economic Development Fund.

RECOMMENDATION: Staff recommends the City Council adopt Resolution No. 22–3381, a Resolution of Necessity for the acquisition of easement interests in certain real property, by eminent domain, located in the City of Montclair, San Bernardino County, California (APN 1009–383–17) for the City of Montclair’s San Antonio Creek Pedestrian Bike Path Project.

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NOTICE OF HEARING TO PROPERTY OWNERS
Pursuant to Section 1245.235 of the California Code of Civil Procedure, you are hereby notified that at a regular meeting to be held on Monday, November 21, 2022, at 7:00 p.m., at the City of Montclair’s Council Chambers, located at 5111 Benito Street, Montclair, California 91763, the City Council of Montclair (“City”) intends to consider adopting a Resolution of Necessity, authorizing the commencement of eminent domain proceedings for the acquisition of real property interests in property that, according to the last equalized county assessment roll, is owned by you.

The public use for which this resolution of necessity will be considered is for the City of Montclair’s San Antonio Creek Pedestrian Bike Path (“Project”). The description of the property to be acquired is attached as Exhibit “A” to this notice.

A hearing will be held at the time and place mentioned above. You have the right to appear and be heard on the following matters:

1. Whether the public interest and necessity require the project for which the property is sought to be acquired.

2. Whether the project is planned or located in the manner that will be most compatible with the greatest public good and least private injury.

3. Whether the property is necessary for the proposed project.

4. Whether the offer required by Section 7267.2 of the California Government Code has been made.

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Please note that your failure to file a written request to appear and be heard after the mailing of this notice may result in the waiver of your right to appear and be heard.

ALL COMMUNICATIONS SHOULD BE ADDRESSED TO:

Andrea Myrick
City of Montclair
5111 Benito Street
Montclair, CA 91763
Office: (909) 625-9416
E-mail: [email protected]
DATE OF HEARING: Monday, November 21, 2022
7:00 p.m.

PLACE OF HEARING: City of Montclair’s Council Chambers
5111 Benito Street,
Montclair, California 91763
DATED: November 7, 2022 BEST BEST & KRIEGER LLP
By: ______________________________________
Mark Easter
Attorney for Montclair
MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 12 of 141 55442.00013\40779770.1

PROOF OF MAILING NOTICE
I, Monica Smith, acting on behalf of Montclair, hereby certify that on October 19, 2022, I mailed a copy of the attached notice by first-class mail to the following owners of real property located in the County of Riverside, State of California, more particularly described as Assessor Parcel No. 1009-383-17.

Boyce Green Services LLC
1412 Kent Way
Fairfield, CA 94533
Boyce Green Services LLC
c/o Brandon A. Boyce
397 Buckeye Street
Vacaville, CA 95688
Boyce & Green, Inc.
608 R Del C Ests,
New Port Richey, FL 33552
DATED: October 19, 2022 ___________________________________ Monica Smith
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EXHIBIT A
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Legal Definitions of Property to be Acquired
“Pedestrian Bike Path Easement” refers to a non-exclusive permanent and perpetual easement and right of way in favor of City of Montclair, its successors and assigns, together with the right to construct, reconstruct, repair, extend, provide lighting for and maintain a pedestrian and bike path easement for the publics use and enjoyment for riding, walking, jogging, running, biking, electric vehicles and similar uses in, on, over and across that portion of property that is legally described in Exhibit "A", which is attached hereto and by this reference incorporated herein, and graphically depicted on Exhibit "B", which is attached hereto and by this reference incorporated herein (collectively, the "Easement") for the City of Montclair’s Pedestrian Bike Path Project (“Project”).

The Easement will include the right of the City of Montclair to access, construct and maintain a paved path within the area described and depicted on Exhibits A and B, as well as utility installations, lighting, rest areas, exercise stations and such other facilities as are reasonable or desirable for the public use of the Project.

City of Montclair shall be solely responsible for the construction, operation, maintenance and use of the Project facilities within the area described on Exhibits A and B.

Property Owner shall not erect or construct, or permit to be erected or constructed, any building, structure or improvement on, over, or under any portion of the easement, or plant trees or any other vegetation on any portion of the easement except with the prior written consent of City of Montclair, its successors and assigns.

City of Montclair shall have the right to trim, cut or clear away any trees, brush, or other vegetation from time to time as determined in its sole discretion, without payment of additional compensation.

No other surface easements shall be granted on the area of the easement without the prior written consent of City of Montclair, its successors and assigns. Property Owner is permitted to grant subsurface easement rights.

Property Owner shall not cause, directly, indirectly or negligently, any interference with or harm to the rights conveyed hereunder.

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MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 17 of 141 Resolution No. 22–3381 Page 1 of 5
RESOLUTION NO. 22–3381

A RESOLUTION OF NECESSITY FOR THE ACQUISITION

OF EASEMENT INTEREST IN CERTAIN REAL PROPERTY,

BY EMINENT DOMAIN, LOCATED IN THE CITY OF

MONTCLAIR, SAN BERNARDINO COUNTY, CALIFORNIA,

MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL
NO. 1009-383-17, IN SAN BERNARDINO COUNTY,
CALIFORNIA, FOR THE CITY OF MONTCLAIR’S SAN

ANTONIO CREEK PEDESTRIAN BIKE PATH PROJECT, IN

SAN BERNARDINO COUNTY, CALIFORNIA
WHEREAS, the City of Montclair (“City”) proposes to acquire an easement interest in certain real property located in the City of Montclair, San Bernardino County, California, more particularly described as Assessor Parcel Number 1009-383-17, for the City of Montclair’s San Antonio Creek Pedestrian Bike Path Project in the City of Montclair, San Bernardino County, California, pursuant to the authority granted to it by section 37350.5 of the California Government Code; and
WHEREAS, pursuant to section 1245.235 of the California Code of Civil Procedure, the City scheduled a public hearing for November 21, 2022, at 7:00 p.m., at the City of Montclair City Council Chambers, located at City Hall, 5111 Benito Street, Montclair, California 91763, and gave to each person whose property is to be acquired and whose name and address appeared on the last equalized county assessment roll, notice and a reasonable opportunity to appear at said hearing and be heard on the matters referred to in section 1240.030 of the California Code of Civil Procedure; and WHEREAS, said hearing has been held by the City, and the affected property owners were afforded an opportunity to be heard on said matters; and WHEREAS, the City may now adopt a Resolution of Necessity pursuant to section 1240.040 of the California Code of Civil Procedure.

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

SECTION 1: Compliance with the California Environmental Quality Act.

Compliance with California Code of Civil Procedure and California Environmental Quality Act. There has been compliance by the City with the requirements of Section 1245.235 of the California Code of Civil Procedure and the California Environmental Quality Act.

SECTION 2: Compliance with California Code of Civil Procedure. There has been compliance by the City with the requirements of section 1245.235 of the California Code of Civil Procedure regarding notice and hearing.

SECTION 3: Public Use. The public use for the easement interest in certain real property to be acquired is for the construction, development and maintenance of a pedestrian and bike path easement for public use and enjoyment for riding, walking, jogging, running, biking, electric vehicles and similar uses, known as the City of Montclair’s San Antonio Creek Pedestrian Bike Path Project in the City of Montclair, San Bernardino County, California. Section 37350.5 of the California Government Code authorizes the City to acquire, by eminent domain, property necessary for such purposes.

SECTION 4: Description of Property. Attached and marked as Exhibit “1” is the legal definition, and legal description, of the interest to be acquired by the City, which describes the general location and extent of the property with sufficient detail for reasonable identification.

SECTION 5: Findings. The City hereby finds and determines each of the following:
(a) The public interest and necessity require the
proposed project;
(b) The proposed project is planned or located in the
manner that will be most compatible with the greatest
public good and least private injury;
MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 18 of 141 Resolution No. 22–3381 Page 2 of 5
(c) The property defined, described and depicted in
Exhibit “1” is necessary for the proposed project; and
(d) The offers required by section 7267.2 of the
California Government Code was made.

SECTION 6: Use Not Unreasonably Interfering with Existing Public Use. Some or all of the real property affected by the interest to be acquired is subject to easements and rights-of-way appropriated to existing public uses. The legal description of the easements and rights-of-way are on file with the City and describe the general location and extent of the easements and rights-of-way with sufficient detail for reasonable identification. In the event the herein described use or uses will not unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, counsel for the City is authorized to acquire the herein described property subject to such existing public use(s) pursuant to section 1240.510 of the California Code of Civil Procedure.

SECTION 7: More Necessary Public Use. Some or all of the real property affected by the interest to be acquired is subject to easements and rights-of-way appropriated to existing public uses. To the extent that the herein described use or uses will unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, the City finds and determines that the herein described use or uses are more necessary than said existing public use.

Counsel for the City is authorized to acquire the herein described real property appropriated to such existing public uses pursuant to section 1240.610 of the California Code of Civil Procedure. Staff is further authorized to make such improvements to the affected real property that it determines are reasonably necessary to mitigate any adverse impact upon the existing public use.

SECTION 8: Further Activities. Counsel for the City is hereby authorized to acquire the hereinabove described real property in the name of and on behalf of the City by eminent domain, and counsel is authorized to institute and prosecute such legal proceedings as may be required in connection therewith. Legal counsel is further authorized to take such steps as may be authorized and required by law, and to make such security deposits as may be required by order of court, to permit the City to take possession of and use said real property at the earliest possible time. Counsel is further authorized to correct any errors or to make or agree to non-material changes in the legal description of the real property that are deemed necessary for the conduct of the condemnation action, or other proceedings or transactions required to acquire the subject real property.

SECTION 9: Effective Date. This Resolution shall take effect upon adoption.

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. 22–3381 was duly adopted by the Montclair City Council at a regular meeting thereof 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 – 11/21/2022 Page 19 of 141 Resolution No. 22–3381 Page 3 of 5
Exhibit 1 to Resolution No. 22-3381
Legal Definitions of Property to be Acquired
Assessor Parcel No. 1009-383-17
“Pedestrian Bike Path Easement” refers to a non-exclusive permanent and perpetual easement and right of way in favor of City of Montclair, its successors and assigns, together with the right to construct, reconstruct, repair, extend, provide lighting for and maintain a pedestrian and bike path easement for the publics use and enjoyment for riding, walking, jogging, running, biking, electric vehicles and similar uses in, on, over and across that portion of property that is legally described in Exhibit "A", which is attached hereto and by this reference incorporated herein, and graphically depicted on Exhibit "B", which is attached hereto and by this reference incorporated herein (collectively, the "Easement") for the City of Montclair’s Pedestrian Bike Path Project (“Project”).

City of Montclair shall be solely responsible for the construction, operation, maintenance and use of the Project facilities within the area described on Exhibits A and B.

Property Owner shall not cause, directly, indirectly or negligently, any interference with or harm to the rights conveyed hereunder.

MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 20 of 141 Resolution No. 22–3381 Page 4 of 5

MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 21 of 141 Resolution No. 22–3381 Page 5 of 5
MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 22 of 141

CITY COUNCIL

AGENDA REPORT
DATE: NOVEMBER 21, 2022
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 1
FILE I.D.: FIN520
DEPT.: FINANCE
PREPARER: J. KULBECK
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The City Council is requested to consider receiving and filing the City of Montclair Treasurer's Report for the month ending October 31, 2022.

BACKGROUND: Included in the City Council’s agenda packet is a copy of the Treasurer's Report for the period ending October 31, 2022.

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

RECOMMENDATION: Staff recommends the City Council receive and file the Treasurer's Report for the month ending October 31, 2022.

MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 23 of 141

CITY COUNCIL

AGENDA REPORT
DATE: NOVEMBER 21, 2022
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 2
FILE I.D.: FIN540
DEPT.: FINANCE
PREPARER: L. LEW/V. FLORES
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTER AND PAYROLL DOCUMENTATION REASON FOR CONSIDERATION: The City Council is requested to consider approval of the Warrant Register and Payroll Documentation.

BACKGROUND: Mayor Pro Tem Ruh has examined the Warrant Register dated November 21, 2022; and the Payroll Documentation dated November 6, 2022, and recommends their approval.

FISCAL IMPACT: The Warrant Register dated November 21, 2022, totals $765,596.01.

The Payroll Documentation dated November 6, 2022 totals $749,309.44 gross, with $500,940.67 net being the total cash disbursement.

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

MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 24 of 141

CITY COUNCIL

AGENDA REPORT
DATE: NOVEMBER 21, 2022
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 3
FILE I.D.: FIN510
DEPT.: SA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The City Council acting as Successor to the Redevelopment Agency Board of Directors (Successor Agency Board) is requested to consider receiving and filing the Successor to the Redevelopment Agency Treasurer's Report for the month ending October 31, 2022, pursuant to state law.

BACKGROUND: Included in the Successor Agency Board’s agenda packet is a copy of the Successor to the Redevelopment Agency Treasurer's Report for the period ending October 31, 2022.

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

RECOMMENDATION: Staff recommends the Successor Agency Board receive and file the Successor to the Redevelopment Agency Treasurer's Report for the month ending October 31, 2022.

MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 25 of 141

CITY COUNCIL

AGENDA REPORT
DATE: NOVEMBER 21, 2022
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 4
FILE I.D.: FIN530
DEPT.: SA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTER
REASON FOR CONSIDERATION: The City Council acting as Successor to the Redevelopment Agency Board of Directors is requested to consider receiving and filing the Successor to the Redevelopment Agency Warrant Register for the month ending October 31, 2022, pursuant to state law.

BACKGROUND: Vice Chair Ruh has examined the Successor to the Redevelopment Agency Warrant Register dated 10.01.22-10.31.22 in the amounts of $7,154.39 for the Combined Operating Fund and $0.00 for the Redevelopment Obligation Retirement Funds, and finds it to be in order.

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

RECOMMENDATION: Vice Chair Ruh recommends the City Council as Successor to the Redevelopment Agency Board of Directors approve the Successor to the Redevelopment Agency Warrant Register for the period ending October 31, 2022.

MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 26 of 141

CITY COUNCIL

AGENDA REPORT
DATE: NOVEMBER 21, 2022
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 5
FILE I.D.: FIN525
DEPT.: MHC
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The Montclair Housing Corporation Board of Directors is requested to receive and file the Montclair Housing Corporation Treasurer's Report for the month ending October 31, 2022, pursuant to state law.

BACKGROUND: Included in the Montclair Housing Corporation Board agenda packet is a copy of the Treasurer's Report for the period ending October 31, 2022.

FISCAL IMPACT: Routine—report of the Montclair Housing Corporation's cash and investments.

RECOMMENDATION: Staff recommends the Montclair Housing Corporation Board of Directors receive and file the Treasurer's Report for the month ending October 31, 2022.

MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 27 of 141

CITY COUNCIL

AGENDA REPORT
DATE: NOVEMBER 21, 2022
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 6
FILE I.D.: FIN545
DEPT.: MHC
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTER
REASON FOR CONSIDERATION: The Montclair Housing Corporation Board of Directors is requested to consider receiving and filing the Warrant Register for the month ending October 31, 2022, pursuant to state law.

BACKGROUND: Vice Chair Ruh has examined the Warrant Register dated 10.01.22–

10.31.22 in the amount of $53,560.78 for the Montclair Housing Corporation and finds it to be in order.

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

RECOMMENDATION: Vice Chair Ruh recommends the Montclair Housing Corporation Board of Directors approve the Warrant Register for the period ending October 31, 2022.

MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 28 of 141

CITY COUNCIL

AGENDA REPORT
DATE: NOVEMBER 21, 2022
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 7
FILE I.D.: FIN525
DEPT.: MHA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The Montclair Housing Authority Commission is requested to receive and file the Montclair Housing Authority Treasurer's Report for the month ending October 31, 2022, pursuant to state law.

BACKGROUND: Included in the Montclair Housing Authority Commission’s agenda packet is a copy of the Treasurer's Report for the period ending October 31, 2022.

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

RECOMMENDATION: Staff recommends the Montclair Housing Authority Commission receive and file the Treasurer's Report for the month ending October 31, 2022.

MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 29 of 141

CITY COUNCIL

AGENDA REPORT
DATE: NOVEMBER 21, 2022
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 8
FILE I.D.: FIN545
DEPT.: MHA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTER
REASON FOR CONSIDERATION: The Montclair Housing Authority Commission is requested to consider receiving and filing the Warrant Register for the month ending October 31, 2022, pursuant to state law.

BACKGROUND: Vice Chair Ruh has examined the Warrant Register dated 10.01.22–

10.31.22 in the amount of $0.00 for the Montclair Housing Authority and finds it to be in order.

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

RECOMMENDATION: Vice Chair Ruh recommends the Montclair Housing Authority Commission approve the Warrant Register for the period ending October 31, 2022.

MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 30 of 141

CITY COUNCIL

AGENDA REPORT
DATE: NOVEMBER 21, 2022
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 9
FILE I.D.: PDT362
DEPT.: POLICE
PREPARER: J. MICHEL
SUBJECT: CONSIDER AUTHORIZING A $7,500 APPROPRIATION FROM THE STATE ASSET

FORFEITURE FUND FOR THE PURCHASE OF MATERIALS AND HARDWARE FOR

REPAIRS TO THE POLICE DEPARTMENT FIREARMS SHOOTING RANGE REASON FOR CONSIDERATION: The City Council is requested to consider authorizing a $7,500 appropriation from the State Asset Forfeiture Fund to complete repairs to the Department’s Firearms Shooting Range ceiling baffles, add additional lighting, and add conduit wiring for a target system. Regular range use has caused wear and tear to the wood and acoustic panels overlaying the ceiling baffles and are in need of replacement.

Additional lighting is needed on the backside of the range, and conduit and wiring will need to be purchased and installed to facilitate the use of a replacement target system.

The City Council is requested to consider authorizing the use of State Asset Forfeiture funds to purchase the materials and hardware essential for the project, which will be completed by the City’s Public Works Department.

BACKGROUND: The Police Department’s Firearms Shooting Range is collectively used by Department personnel and members of outside agencies several times per month.

Over the last several years, fired projectiles during regular use of the range has caused wear and tear to the wood and acoustic panels overlaying the ceiling baffles and are in need of replacement. The materials in need of replacement will include sheets of plywood, two by four inch boards, and acoustic panels. Additionally, miscellaneous hardware in the form of screws and fasteners will be needed to complete the install.

During an examination of the range, it was discovered there is reduced lighting at the 25–yard line, which is the area of the range with the most distance between the shooters and the targets they engage. A strip of fluorescent lighting is needed in this section of the range to help with its overall illumination, and will include the need for additional conduit and wiring. The Police Department is also working on securing a contract with a vendor for the replacement and upgrade of its current target system. Part of the upgrade will include the need to purchase and install conduit and wiring essential to accommodate the newer target system.

Should the City Council approve the expenditure for materials and hardware needed for the range repairs, the City’s Public Works Department would complete the labor for the project.

FISCAL IMPACT: If approved by the City Council, funding for the purchase of materials and harware for repairs to the Police Department Firearms Shooting Range would result in an expenditure of $7,500 from the Asset Fortfeiture State Fund (1140).

RECOMMENDATION: Staff recommends that the City Council authorize a $7,500 appropriation from the State Asset Forfeiture Fund for the purchase of materials and hardware for repairs to the Police Department Firearms Shooting Range.

MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 31 of 141

CITY COUNCIL

AGENDA REPORT
DATE: NOVEMBER 21, 2022
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 1
FILE I.D.: SEW500
DEPT.: PUBLIC WORKS
PREPARER: M. HEREDIA
SUBJECT: CONSIDER APPROVAL OF THE FIRST AMENDMENT TO AGREEMENT NO. 22–36 WITH

SEWER SERVICE PROVIDERS WITHIN THE INLAND EMPIRE UTILITIES AGENCY SERVICE

AREA FOR ADDITIONAL COSTS RELATED TO NEGOTIATIONS FOR REVISIONS TO THE

CHINO BASIN REGIONAL SEWAGE SERVICE CONTRACT
CONSIDER AUTHORIZING A $4,286 APPROPRIATION FROM THE SEWER FUND FOR COSTS RELATED TO THE FIRST AMENDMENT TO AGREEMENT NO. 22–36 REASON FOR CONSIDERATION: On May 2, 2022, the City Council approved Agreement 22–36, an interagency cost–sharing agreement among Contracting Agencies within Inland Empire Utilities Agency’s (IEUA) service area (the Cities of Chino, Chino Hills, Fontana, Montclair, Ontario, and Upland; and the Cucamonga Valley Water District) for costs related to negotiations for revisions to the upcoming renewal of the Chino Basin Regional Sewage Service Contract. A copy of the proposed First Amendment to Agreement No. 22–36 is attached for the City Council’s review and consideration.

BACKGROUND: The Chino Basin Regional Sewage Service Contract (Contract) dated October 19, 1994 expires on January 2, 2023. This Contract provides sewer Contracting Agencies with the right to deliver all sewage collected by their respective community sewer systems to IEUA’s Regional Sewerage System. IEUA has an obligation to receive all sewage produced by the Contracting Agencies into the Regional Sewerage System.

The Contracting Agencies desire to negotiate, revise, amend, and restate the Contract terms. Cucamonga Valley Water District is serving as the lead agency in this process.

The cost–sharing agreement ensures payment for attorney’s fees and costs, consultant fees and expenses, and the preparation of documents and data to be used during said negotiations and the potential drafting and execution of Contract revisions.

The City works in close partnership with other retail agencies and regional entities responsible for providing high–quality and low–cost water, wastewater, and recycled water services for residents and businesses to support public health, quality of life, and economic growth. The cost–sharing agreement and First Amendment will ensure continued sewer services in the City and its sphere of influence.

FISCAL IMPACT: The Contracting Agencies agree to split the cost evenly between the agencies providing sewer services. The City’s share of the First Amendment to Agreement No. 22–36 is $4,286 and would be funded with an appropriation from the Sewer Fund.

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

1. Approve the First Amendment to Agreement No. 22–36 with sewer service providers within the IEUA service area for additional costs related to negotiations for revisions to the Chino Basin Regional Sewage Service Contract.

2. Authorize a $4,286 appropriation from the Sewer Fund for costs related to the First Amendment to Agreement No. 22–36.

MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 32 of 141 04342.00000\40750363.1
Agreement No. 22-36-A1

FIRST AMENDMENT
TO

INTERAGENCY COST SHARING AGREEMENT
This First Amendment To Interagency Cost Sharing Agreement ("First Amendment") is dated as of October 1, 2022, by and between the Cucamonga Valley Water District, a public agency (“CVWD”) and the following municipal corporations: City of Ontario (“Ontario”); City of Fontana (“Fontana”); City of Chino (“Chino”); City of Chino Hills (“Chino Hills”); City of Upland (“Upland”); and City of Montclair (“Montclair”). All of said parties are hereinafter sometimes collectively referred to as the “Parties” or individually as a “Party.”

RECITALS
A. The Parties are parties to that certain Chino Basin Regional Sewage Service Contract dated as of October 19, 1994 (“Regional Contract”). The Regional Contract provides that the parties thereto shall have the right to deliver all sewage collected by their respective community sewer systems to the Regional Sewerage System and the Inland Empire Utilities Agency (“IEUA”) shall have the obligation to receive into the Regional Sewerage System all sewage so delivered by the contracting parties. The term of the Regional Contract is due to expire on January 2, 2023. In addition, the Regional Contract provides for its periodic review and update; B. The Parties are negotiating a revised, amended, and/or restated Regional Contract in order to address issues including, but not limited to, use of recycled water generated by the Regional Sewerage System and Chino Basin groundwater management (“Regional Contract Revisions”);
C. The Parties entered into that certain Interagency Cost Sharing Agreement, dated as of April 1, 2022 (“Agreement”), in order to set forth the terms and conditions for the sharing of costs to be incurred during the negotiation of the Regional Contract Revisions including, but not necessarily limited to, attorney’s fees and costs; consultant fees and costs; and the preparation of documents and data to be used during said negotiation and the potential drafting and execution of Regional Contract Revisions (collectively, “Negotiation Costs”); and D. The Parties desire to enter into this First Amendment in order to amend the not-toexceed total amount of Negotiation Costs set forth in the Agreement. As required by Section 1(d) of the Agreement, the not-to-exceed amount of Negotiation Costs of Seventy Thousand Dollars ($70,000.00) shall not be exceeded without the prior written consent of all Parties as indicated by an amendment to the Agreement. The Parties desire to increase the not-to-exceed amount by Thirty Thousand Dollars ($30,000.00) for a new not-to-exceed amount of One Hundred Thousand Dollars ($100,000.00) pursuant to this First Amendment.

NOW, THEREFORE, in consideration of the mutual covenants, promises, and conditions set forth in this First Amendment, and for other good, valuable, and adequate consideration, the Parties hereto agree as follows:

MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 33 of 141 04342.00000\40750363.1
2 1. Not-To-Exceed Amount
Section 1(d) Not-To-Exceed of the Agreement is hereby deleted and replaced, in its entirety, with the following:
(d) Not-To-Exceed The total amount of Negotiation Costs shall not exceed One Hundred Thousand Dollars ($100,000.00) without the prior written consent of all Parties as indicated by an amendment to this Agreement. It is hereby acknowledged and agreed that as of October 1, 2022, the amount of Negotiation Costs incurred is approximately Sixty-Five Thousand Dollars ($65,000.00).

2. Incorporation of Recitals The Recitals set forth above are incorporated herein and made an operative part of this Amendment.

3. Capitalized Terms Except as may be otherwise specifically set forth in this Amendment, all capitalized terms herein shall have the same meaning as set forth in the Agreement.

4. Balance of Agreement Except as specifically set forth in this Amendment, the balance of the provisions in the Agreement shall remain in full force and effect.

5. Counterparts This Amendment may be executed in counterparts, each of which shall be deemed an original.

IN WITNESS WHEREOF, each of the Parties have caused this Amendment to be executed by its respective duly authorized officers. The effective date of this Amendment shall be the date first above written.
(signatures are on the following pages)
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3 CUCAMONGA VALLEY WATER DISTRICT
By:______________________________
Title:____________________________
Dated:___________________________

CITY OF ONTARIO
By: ______________________________
Title:_____________________________
Dated: ___________________________

CITY OF FONTANA
By: ______________________________
Title:_____________________________
Dated:____________________________

CITY OF CHINO
By: ______________________________
Title:_____________________________
Dated:____________________________
MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 35 of 141 04342.00000\40750363.1
4 CITY OF CHINO HILLS
By: ______________________________
Title:_____________________________
Dated:____________________________

CITY OF UPLAND
By: ______________________________
Title:_____________________________
Dated:____________________________

CITY OF MONTCLAIR
By: ______________________________
Title:_____________________________
Dated:____________________________
MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 36 of 141

CITY COUNCIL

AGENDA REPORT
DATE: NOVEMBER 21, 2022
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 2
FILE I.D.: PDT362
DEPT.: POLICE
PREPARER: D. MALDONADO
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 22–101 WITH THE SAN BERNARDINO COUNTY OFFICE OF EMERGENCY SERVICES AUTHORIZING THE RECEIPT OF $17,275 FROM THE FY 2021 HOMELAND SECURITY GRANT PROGRAM
CONSIDER AUTHORIZING CITY MANAGER STARR TO SIGN AGREEMENT NO. 22–101 CONSIDER AUTHORIZING A $17,275 APPROPRIATION FROM THE PUBLIC SAFETY

GRANT FUND TO PURCHASE AN ELECTRONIC MESSAGE BOARD TRAILER CONSIDER AUTHORIZING A $1,390 APPROPRIATION FROM THE STATE ASSET

FORFEITURE FUND TO COVER THE REMAINING BALANCE OF THE ELECTRONIC

MESSAGE BOARD TRAILER
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 22–101 with the San Bernardino County Office of Emergency Services (County OES) authorizing the receipt of $17,275 from the FY 2021 Homeland Security Grant Program (HSGP). Council approval of this agreement ensures authorization of all aspects of the proof of authority section contained within the agreement. Staff proposes to purchase an electronic message board trailer with HSGP funds, which would require a $17,275 appropriation from the Public Safety Grant Fund and a $1,390 appropriation from the State Asset Forfeiture Fund. The Public Safety Grant Fund would be reimbursed $17,275 by the FY 2021 HSGP.

A copy of proposed Agreement No. 22–101 is attached for the City Council’s review and consideration.

BACKGROUND: The State HSGP is designed to assist organizations, government agencies, and communities in implementing programs and measures to prevent, prepare for, protect against, mitigate against, respond to, and recover from all terror–related hazards and acts of terrorism. It is administered and funded by the California Governor’s Office of Emergency Services (Cal OES). County OES is a subgrantee of the HSGP and oversees the administration of grant funds for the San Bernardino County Operational Area. In its capacity as subgrantee, County OES is tasked with applying for HSGP funds on behalf of regional jurisdictions. Through this process, on August 29, 2022, the Montclair Police Department was approved to receive $17,275 in FY 2021 HSGP funds.

After procurement of equipment is completed, a request for reimbursement would be submitted to County OES.

The Police Department has received approval to use FY 2021 HSGP funds to procure an electronic message board trailer, which would allow effective delivery of information to the public. This message board would assist in relaying information to the public regarding significant threats, hazards, emergencies, and disasters, and thus help protect citizens from such events that pose a great risk. The full–matrix display would allow staff to display messages using text and/or graphic symbols that would direct the public and first responders to supplies during disasters, re–route vehicles when major MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 37 of 141 transportation roads and routes have been compromised, and deliver other such pertinent information during major events. The message board is highly visible and legible in both day and night conditions, the display automatically adjusts to ambient light conditions, it is light weight and easily towed, and its highly efficient solar panel system keeps the long–life batteries charged. Also included is a built–in radar to monitor and internally record traffic patterns on roadways in virtually any location and weather condition.

Bid quotations for the purchase of an electronic message board trailer were received from the following vendors:

Vendor Bid Amount
Hi–Way Safety, Inc. $18,665
Full Traffic Maintenance, Inc. $19,202
Right of Way, Inc. $23,502
Hi–Way Safety, Inc. is the selected vendor for the purchase of the message board trailer.

This vendor has the lowest bid offering competitive pricing and has provided reliable, professional service in the past. When the Department originally received these quotes in FY 2021, the quote received by Hi–Way Safety, Inc. was below the amount awarded by County OES. Due to the current state of the economy and cost of goods, the current quote exceeds the awarded amount by $1,390. Therefore, the City Council is requested to authorize an appropriation of $1,390 from the State Asset Forfeiture Fund to cover the difference.

FISCAL IMPACT: If approved by the City Council, the purchase of an electronic message board trailer would result in an appropriation from the Public Safety Grant Fund (1163) in the amount of $17,275 and $1,390 from the Asset Forfeiture State Fund 1140. The City would receive reimbursement in the amount of $17,275 from the FY 2021 HSGP.

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

1. Approve Agreement No. 22–101 with the San Bernardino County Office of Emergency Services authorizing the receipt of $17,275 from the FY 2021 Homeland Security Grant Program

2. Authorize City Manager Starr to sign Agreement No. 22–101.

3. Authorize a $17,275 appropriation from the Public Safety Grant Fund to purchase an electronic message board trailer.

4. Authorize a $1,390 appropriation from the State Asset Forfeiture Fund to cover the remaining balance of the electronic message board trailer.

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CITY COUNCIL

AGENDA REPORT
DATE: NOVEMBER 21, 2022
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 3
FILE I.D.: PDT175
DEPT.: POLICE
PREPARER: M. BUTLER
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 22–108 WITH LEXIPOL, LLC FOR CONTINUED MAINTENANCE OF THE POLICE DEPARTMENT’S POLICY AND

PROCEDURES MANUAL, LAW ENFORCEMENT DAILY TRAINING BULLETINS (DTB), AND

DTB MANAGEMENT SERVICES
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 22–108 with Lexipol, LLC for continued maintenance of the Police Department’s Policy and Procedures Manual, Law Enforcement Daily Training Bulletins (DTB), and DTB management services.

A copy of proposed Agreement No. 22–108 is attached for the City Council’s review and consideration.

BACKGROUND: The Police Department has utilized Lexipol, LLC for continued maintenance of the Police Department’s Policy and Procedures Manual for 14 years and would like to renew its agreement. Lexipol provides fully developed, state–specific policies researched and written by subject–matter experts and vetted by attorneys.

These policies are based on nationwide standards and best practices while also incorporating state and federal laws and regulations where appropriate. Lexipol’s legal and content development teams follow a rigorous multi–step process to evaluate thousands of legislative changes annually and ensure changes are made to the Police Department’s Policy and Procedures Manual commensurate with the changes. This service is utilized in the continual updating of the Department’s over–750–page Policy and Procedures Manual. Command Staff monitors updates to the Manual recommended by Lexipol, analyzes the updates for applicability, customizes the updates if necessary, and issues the new updated Manual through Lexipol’s Knowledge Management System (KMS)—a web–based delivery platform and mobile app. The KMS pushes updates to members of the Police Department online. Members must log in, review updates to the Manual, and electronically accept the updates by the assigned deadline.

Beginning in January 2020, Lexipol, LLC started providing an additional training program through Daily Training Bulletins (DTB). The DTB program is designed by the team of public safety lawyers and policy experts employed by Lexipol, LLC to continually monitor national and California–specific policy changes. The DTBs are utilized as a daily training exercise by employees of the Police Department to reinforce the understanding of policies and procedures, help minimize risk, and increase the effectiveness of service to the community. DTBs are designed to help personnel learn and apply policy and procedure content through two–minute online training exercises, which are scenario– based and tie Department policies to real–world applications. These training exercises can be completed via desktop or laptop computers, smartphones, tablets, or other mobile devices such as the Mobile Data Computers installed in the Police vehicles. Upon completion of the DTBs, a report shows completion by the agency member and the topic instructed. Command Staff has found DTBs to be an effective tool to assist with the proper application of policies and would like to continue this service.

MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 48 of 141 Lexipol, LLC has also been providing DTB management services. This service customizes the DTB scenarios based on the changes made by Command Staff during the policy update process. This service analyzes DTB master content compared to Montclair Police Department’s customized policies, adapts monthly DTB packages to fit the parameters of the Department’s policy content, issues the monthly DTB training packages, and customizes the DTB completion reports as well as agency–specific year–end data analysis. Without DTB management service, these procedures would have to be completed by a member of Command Staff, who has found this service to be a vital component of the DTB program and would like to continue the service.

FISCAL IMPACT: The subscription services included in Agreement No. 22–108 with Lexipol, LLC are for the 2023 calendar year and would cost $13,887.72. Included in the Police Department’s Fiscal Year 2022–23 Budget in Special Contract Services is $9,959 for policy and procedural manual updates and DTBs, and $2,900 for DTB management services from the SB 509 Fund (1143–4421–52450–400–00000). For 2023, Lexipol, LLC issued a standard 8 percent increase for all services. If necessary, staff will request additional funds in the amount of $1,028.72 at midyear to cover the remaining balance.

RECOMMENDATION: Staff recommends the City Council approve Agreement No. 22– 108 with Lexipol, LLC for continued maintenance of the Police Department’s Policy and Procedures Manual, Law Enforcement Daily Training Bulletins, and DTB management services.

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Agreement No. 22-108

MASTER SERVICE AGREEMENT
Agency's Name: Montclair Police Department
Agency's Address: 4870 Arrow Hwy POB 2308
Montclair, California 91763
Attention: Chief Robert Avels
Lexipol's Address: 2611 Internet Boulevard, Suite 100
Frisco, Texas 75034
Effective Date:
(to be completed by Lexipol upon receipt of signed Agreement) This Master Service Agreement (the “Agreement”) is entered into by and between Lexipol, LLC, a Delaware limited liability company ("Lexipol"), which may include one or more Lexipol subsidiary entities, and the Agency identified above.

This Agreement consists of:
(a) this Cover Sheet
(b) Exhibit A - Selected Services and Associated Fees
(c) Exhibit B - Terms and Conditions Specific to this Agreement Each individual signing below represents and warrants that they have full and complete authority to bind the party on whose behalf they are signing to all terms and conditions contained in this Agreement.

Montclair Police Department Lexipol, LLC
Signature: Signature:

Print Name: Print Name:

Title: Title:

Date Signed: Date Signed:

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Agreement No. 22-108
Exhibit A

SELECTED SERVICES AND ASSOCIATED FEES
Agency is purchasing the following:

QTY DESCRIPTION UNIT PRICE EXTENDED
1 Annual Law Enforcement Policy Manual & Daily Training Bulletins (12 Months)
USD 10,755.72 USD 10,755.72
1 Annual Law Enforcement Daily Training Bulletin Management (12 Months) USD 3,132.00 USD 3,132.00 Subscription Line Items Total USD 13,887.72
USD 13,887.72
TOTAL: USD 13,887.72
*Law Enforcement pricing is based on 54 Law Enforcement Sworn Officers. *The above subscription services, and when applicable, implementation services, shall be invoiced by Lexipol (or one of its subsidiaries, where applicable) upon the execution of this Agreement.

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Exhibit B
Terms and Conditions of Service

1. Definitions. For purposes of Lexipol’s Terms and Conditions of Service (the “Terms”), each of the following capitalized terms will have the meaning included in this Section. Other capitalized terms are defined within their respective sections below. Depending on the selected Service(s), Agency may receive support from, and be invoiced by, a Lexipol subsidiary, including The Praetorian Group and/or Cordico Inc.

1.1 “Agency” means the department, agency, office, company, or other entity purchasing and/or otherwise subscribing to Lexipol products or services.

1.2 “Agreement” means the combination of (a) the cover sheet to which these Terms are attached; (b) Lexipol’s subscription and pricing information sheets, which are typically included as an Exhibit A (“Services Being Purchased and Related Fees”) or as set forth in any similar pricing sheet (including by way of addendum); and (c) these Terms.

1.3 “Derivative Work(s)” means work(s) based on Lexipol’s Subscription Materials, or any substantive portion thereof. Derivative Works include revision, modification, abridgement, condensation, expansion, or any other form in which the Subscription Materials or any portion thereof are recast, transformed, or adapted. For purposes of the Agreement, a Derivative Work also includes any compilation that incorporates any portion of the Subscription Materials. Further, “Derivative Work” includes any work considered a “derivative work” under United States copyright law.

1.4 “Effective Date” means the date specified on the cover sheet to which these Terms are attached, or as otherwise expressly set forth and agreed upon by Lexipol and Agency in a writing and defined as the “Effective Date.”

1.5 “Initial Term” means the period commencing on the Effective Date and continuing for the length of time indicated on the cover sheet or subscription and pricing sheet provided by Lexipol. If the Initial Term is not so indicated, the default Initial Term is one (1) year from the Effective Date.

1.6 “Service(s)” means all Lexipol product(s) or service(s), including one-time and recurring (subscription) services, as may be offered by Lexipol and/or its subsidiaries and affiliates from time to time.

1.7 “Subscription Materials” means all policy manuals, supplemental publications, daily training bulletins, written content, images, videos, and all other data and multimedia provided by Lexipol and/or its licensors through the Services.

2. Term. The Agreement becomes enforceable upon signature by Agency’s authorized representative. Following the Initial Term, the Agreement shall renew in successive one-year periods thereafter (each a “Renewal Term”) unless one party provides written notice of non-renewal to the other party at least thirty (30) days prior to expiration of the then-current term. The Initial Term and all Renewal Terms collectively comprise the “Term” of the Agreement.

3. Termination.

3.1 For Cause. The Agreement may be terminated by either party, effective immediately, (a) in the event that the other party fails to discharge any obligation or remedy any default under the Agreement for a period of more than thirty (30) calendar days after it has been given written notice of such failure or default; or (b) in the event that the other party makes an assignment for the benefit of creditors or commences or has commenced against it any proceeding in bankruptcy, insolvency or reorganization pursuant to the bankruptcy laws of any applicable jurisdiction.

3.2 For Convenience. The Agreement may be terminated for convenience (including lack of appropriation of funds by Agency) upon sixty (60) days written notice. Note: fees already paid for Services are not eligible for refund, proration or offset in the event of Agency’s termination for convenience.

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4. Effect of Expiration or Termination. Upon the expiration or termination of the Agreement for any reason, Agency’s access to Lexipol’s Services shall cease. Termination or expiration of the Agreement shall not, however, relieve either party from any obligation or liability that has accrued under the Agreement prior to the date of such termination or expiration, including payment obligations. The right to terminate the Agreement shall be in addition to, and not in lieu of, any other remedy, legal or equitable, to which the parties are entitled at law or in equity. The provisions of Sections 1 (Definitions), 6 (Service-Specific Terms), 8 (Privacy Policy), 8 (Warranty Disclaimer), 9 (Confidentiality), 10 (Warranty Disclaimer), 11 (Limitation of Liability), 12 (General Terms), and this Section 4 shall survive the expiration or termination of the Agreement for any reason.

5. Fees and Invoicing. Unless otherwise agreed upon in writing, Lexipol (or, if applicable, The Praetorian Group or Cordico Inc.) will invoice Agency at the commencement of the Initial Term and thirty (30) days prior to each Renewal Term. Agency will pay to Lexipol the fee(s) specified on each invoice within thirty (30) days following receipt of the invoice. All invoices will be sent to Agency at the address specified on the cover sheet to which these Terms are attached or as otherwise designated by Agency in writing. All payments will be made by electronic transfer of immediately available funds or by mailing a check to Lexipol at 2611 Internet Blvd, Ste 100, Frisco, TX 75034 (Attn: Accounts Receivable). Lexipol reserves the right to increase fees for Renewal Terms. All amounts required to be paid under the Agreement are exclusive of taxes and similar fees now in force or enacted in the future. Unless otherwise exempt, Agency is responsible for and will pay in full all taxes properly imposed related to its receipt of Lexipol’s Services, except for taxes based on Lexipol’s net income. In the event any amount owed by Agency is not paid when due, and such failure is not cured within ten (10) days after written notice thereof, then in addition to any other amount due, Agency shall pay a late payment charge on the overdue amount at a rate equal to the lower of (a) one percent (1%) per month, or (b) the highest rate permitted by applicable law.

6. Service-Specific Terms. The following sections apply to specific Lexipol Services:

6.1 Policy. Lexipol’s policy Subscription Materials and Knowledge Management System (“KMS”) are proprietary, protected under U.S. copyright, trademark, patent, and/or other applicable laws, and Lexipol reserves all rights not expressly granted in these Terms. Agency may prepare Derivative Works using Lexipol’s Subscription Materials, but Lexipol shall remain the sole owner of all right, title and interest in and to them, including all copyrights, intellectual property rights, and other proprietary rights therein or pertaining thereto. Agency shall retain a perpetual, personal, non-sublicensable and non-assignable right to use the Subscription Materials for Agency’s internal purposes but will not remove any copyright notice or other proprietary notice of Lexipol appearing thereon. Agency acknowledges and agrees that Lexipol shall have no responsibility to update such Subscription Materials beyond the Term of the Agreement and shall have no liability whatsoever for Agency’s creation or use of Derivative Works. Lexipol’s Subscription Materials are to be treated as Confidential Information (per Section 9 herein), but Agency may disclose Subscription Materials pursuant to a valid court order, lawful government agency request, Freedom of Information Act (FOIA) request, or Public Records Act (PRA) request. Agency acknowledges and agrees that all policies and procedures it implements have been individually reviewed and adopted by Agency, that neither Lexipol nor any of its agents, employees, or representatives shall be considered “policy makers” in any legal or other sense, and that Agency’s highest-ranking official shall, for all purposes, be considered the “policy maker” with regard to same. Lexipol’s KMS Service is subject to the Service Level Agreement attached to these Terms.

6.2 Learning. Lexipol’s Learning Management System (“LMS”), offered by Praetorian Digital, is a proprietary Service protected under U.S. copyright, trademark, patent, and other laws. Lexipol and its licensors retain all rights, title, and interest in and to the LMS (including, without limitation, all intellectual property rights), including all copies, modifications, extensions, and Derivative Works thereof. Agency’s right to use the LMS is limited to the rights expressly granted in the Agreement. Agency Data, defined as data owned by Agency prior to the Effective Date or which Agency provides during the Term for purposes of identifying authorized users, confirming agency or department information, or other purposes that are ancillary to receipt of the Service, remains Agency’s property. Lexipol retains no right or interest in Agency Data and shall return or destroy Agency Data following termination of the Agreement. Lexipol’s LMS Service is subject to the Service Level Agreement attached to these Terms.

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6.3 Wellness. This Section applies when Agency subscribes to Lexipol’s Wellness Application (“Wellness App”) offered by Cordico®. All Subscription Materials delivered by the Wellness App, including but not limited to all object and source code, all information created, developed, or reduced to practice, and all written, image-based, or video-based content underlying the Wellness App that is not specifically provided by Agency is the proprietary intellectual property of Lexipol and/or its suppliers or licensors, protected to the maximum extent permitted by trademark, copyright, and patent laws. Agency is granted a nonexclusive limited right to access the Wellness App during the Term. If the Agreement is terminated or expires for any reason, Agency shall lose access to the Wellness App and to all associated Subscription Materials and shall discontinue all use of the same for any purpose. Nothing in this section or these Terms shall be construed as conferring any right of ownership or use to the Wellness App, whether by estoppel, implication or otherwise.

6.4 Grants. This Section applies when Agency selects Lexipol’s Grant Writing, Consulting, and/or GrantFinder services. For Grant Writing services, Agency takes full responsibility for submitting information reasonably required by Lexipol’s grant writing team in a timely manner (at least five (5) days prior to the applicable grant application close date). Agency is responsible for all submissions of final grant applications by grant deadlines, but Lexipol shall be considered Agency’s duly authorized representative for submissions where applicable. Failure to submit requested materials to write grant applications on time will result in rollover of project services and fees to next grant application cycle; not a refund of the fees.

Requests for cancellation of Grant Writing services will result in a 50% fee of the total value of the service.

Invoices for Grant Writing services will be sent as soon as work begins for the applicable target grant.

Complete payment must be received no later than thirty (30) days after receipt of invoice. In the event Agency has not made timely payment on an invoice, Lexipol reserves the right to suspend all grant Services to Agency until past-due payments are received in full, and may terminate Agency’s access to GrantFinder, if applicable. Invoices over thirty (30) days past due may be charged a twenty-five dollar ($25) late fee.

6.5 Generally; Injunctive Relief. Nothing in the Agreement shall be construed as conferring any rights or license to Lexipol’s trade secrets, intellectual property, Confidential Information, Subscription Materials, KMS, LMS, Wellness App, or the software underlying such products and services, whether by estoppel, implication or otherwise. Agency may not, and may not assist others to, decompile, disassemble, reverse engineer, or otherwise attempt to discover any object code, source code, or proprietary data underlying the Services. Agency grants all rights and permissions in or relating to Agency Data as are necessary to Lexipol to enforce the Agreement, exercise Lexipol’s rights, and perform Lexipol’s obligations hereunder. Agency acknowledges that a breach or threatened breach of any portion of this Section may cause irreparable harm and shall entitle Lexipol to injunctive relief in addition to any other available remedy.

7. Account Security. The rights to access and use the Services under the Agreement are personal and unique to Agency and Agency shall not assign or otherwise transfer any such rights to any other person or entity. Except as set forth herein, Agency remains solely responsible for maintaining the confidentiality of Agency’s username(s) and password(s) and the security of Agency’s account(s), meaning the account by which Agency accesses the Services. Agency will not permit access to Agency’s account(s) or use of Agency’s username(s) and/or password(s) by any person or entity other than authorized Agency personnel.

Agency will immediately notify Lexipol if Agency becomes aware that any person or entity other than authorized Agency personnel has used Agency’s Account or Agency’s username(s) and/or password(s).

8. Privacy Policy. Lexipol will hold Agency Data in confidence unless required to provide access in accordance with a court order, government agency request, or other legal process such as a Freedom of Information Act (FOIA) request, or Public Records Act (PRA) request. Lexipol will use commercially reasonable efforts to ensure the security of all Agency Data. Lexipol’s systems use the Secure Socket Layer (SSL) Protocol for Lexipol Services, which encrypts information as it travels between Lexipol and each Agency. However, Agency acknowledges and agrees that data transmission on the internet is not always 100% secure and Lexipol cannot and does not warrant that information Agency transmits to or through the Services is 100% secure. Agency acknowledges that Lexipol may provide view-only access and summary information (which may include number of policies developed or in development, percentage of staff reviews of developed policies and DTBs) to Agency’s affiliated Risk Management Authority, Insurance Pool or Group, or Sponsoring Association if they are actively funding member Agency Subscription Fees.

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9. Confidentiality. During the term of the Agreement, either party may be required to disclose information to the other party that is marked “confidential” or is of such a type that the confidentiality thereof is reasonably apparent (collectively, “Confidential Information”). The receiving party will: (a) limit disclosure of any Confidential Information of the other party to the receiving party’s directors, officers, employees, agents and other representatives (collectively “Representatives”) who have a need to know such Confidential Information in connection with the Services; (b) advise its personnel and agents of the confidential nature of the Confidential Information and of the obligations set forth in the Agreement; (c) keep all Confidential Information confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own confidential information; and (d) not disclose any Confidential Information to any third party unless expressly authorized by the disclosing party. Notwithstanding the foregoing, a party may disclose Confidential Information pursuant to a valid governmental, judicial, or administrative order, subpoena, discovery request, regulatory request, Freedom of Information Act (FOIA) request, or Public Records Act (PRA) request, or similar method, provided that the party proposing to make any such disclosure will promptly notify, to the extent practicable, the other party in writing of such demand for disclosure so that the other party may, at its sole expense, seek to make such disclosure subject to a protective order or other appropriate remedy to preserve the confidentiality of the Confidential Information.

Each party shall be responsible for any breach of this section by any of such party’s personnel or agents.

10. Warranty Disclaimer. ALL SERVICES AND SUBSCRIPTION MATERIALS ARE PROVIDED "ASIS" AND LEXIPOL DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR

OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A

PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AS WELL AS ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

11. Limitation of Liability. Lexipol’s cumulative liability resulting from any claims, demands, or actions arising out of or relating to the Agreement, the Services, or the use of any Subscription Materials shall not exceed the aggregate amount of subscription fees actually paid to Lexipol by Agency for the associated Services during the twelve-month period immediately prior to the assertion of such claim, demand, or action.

In no event shall Lexipol be liable for any indirect, incidental, consequential, special, exemplary damages, or lost profits, even if Lexipol has been advised of the possibility of such damages. The limitations set forth in this Section shall apply whether the subject claim is based on breach of contract, tort, strict liability, product liability or any other theory or cause of action.

12. General Terms.

12.1 General Interpretation. The language used in the Agreement and these Terms shall be deemed to express the mutual intent of Lexipol and Agency. The Agreement shall be construed without regard to any presumption or rule requiring construction against the party causing such instrument or any portion thereof to be drafted, or in favor of the party receiving a particular benefit under the Agreement.

12.2 Invalidity of Provisions. Each of the provisions contained in the Agreement and these Terms is distinct and severable. A declaration of invalidity or unenforceability of any such provision or part thereof by a court of competent jurisdiction shall not affect the validity or enforceability of any other provision hereof. Further, if a court of competent jurisdiction finds any provision of the Agreement to be invalid or unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intention as reflected in such provision to the maximum extent possible.

12.3 Waiver. Either party’s failure to exercise, or delay in exercising, any right or remedy under any provision of the Agreement shall not constitute a waiver of such right or remedy.

12.4 Governing Law. The Agreement shall be construed in accordance with, and governed by, the laws of the State in which Agency is located, without giving effect to any choice of law doctrine that would cause the law of any other jurisdiction to apply.

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12.5 Compliance with Laws. Each party shall maintain compliance with all applicable laws, rules, regulations, and orders promulgated by any federal, state, or local government body or agency relating to its obligations pursuant to the Agreement and these Terms.

12.6 Attorney’s Fees. If any action is brought by either party to the Agreement against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorneys’ fees and expenses of litigation.

12.7 Notices. Any notice required by the Agreement or given in connection with it shall be in writing and shall be made by certified mail (postage prepaid), recognized overnight delivery service, or (if mutually agreed upon) by email to authorized recipients at such address as each party may indicate from time to time. Alternatively, electronic mail or facsimile notice to established and authorized recipients is acceptable when acknowledged by the receiving party.

12.8 Entire Agreement. The Agreement, including these Terms, embodies the entire agreement and understanding of the parties hereto and expressly supersedes all prior written and oral agreements and understandings with respect to the subject matter hereof. No representation, promise, or statement of intention has been made by any party hereto that is not embodied in the Agreement. Terms and conditions set forth in any purchase order or any other form or document that are inconsistent with or in addition to the terms and conditions set forth in the Agreement are hereby objected to and rejected in their entirety, regardless of when received, without further action or notification, and shall not be considered binding unless specifically agreed to in writing by both parties. No amendment, modification, or supplement to the Agreement shall be binding unless it is in writing and signed by the party sought to be bound thereby.

12.9 Counterparts. The Agreement may be executed in any number of counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same document for purposes of the Agreement.

12.10 Indemnification. Subject to the limitations set forth in this Agreement, Lexipol, at its own expense, shall defend, indemnify, and hold Agency harmless from any claim made or threatened or any suit or proceeding brought against Agency insofar as it is based on an allegation that any Subscription Materials furnished to or utilized by Agency under this Agreement infringes any copyright or patent.

Lexipol Service Level Agreement for Cloud-Based Services

1. Response Times. For issues relating to Lexipol’s online, cloud-based Services (e.g. KMS, LMS, Wellness), Lexipol will make an industry standard and commercially reasonable effort to respond promptly (via Lexipol’s Normal Support Channels) within two (2) Business Days after receipt.

2. Uptime Commitment. The Uptime Percentage for the Service will be ninety-nine and five-tenths percent (99.5%) (the “Uptime Commitment”). Subject to the exclusions described in below, “Uptime Percentage” is calculated by subtracting from 100% the percentage of 1-minute periods during any annual billing cycle in which Agency’s selected Service(s) are unavailable out of the total number of minutes in that billing cycle. “Unavailable” and “Unavailability” mean that, in any 1-minute period, all connection requests received by Agency failed to process (each a “Failed Connection”); provided, however, that no Failed Connection will be counted as a part of more than one such 1-minute period (i.e. a Failed Connection will not be counted for the period 12:00:00-12:00:59 and the period 12:00:30-12:01:29). The Yearly Uptime Percentage will be measured based on the industry standard monitoring tools.

3. Exclusions from Uptime Percentage. All Service Unavailability resulting from the following will be excluded from calculation of Uptime Percentage: (a) Regularly-scheduled maintenance of the Service that does not exceed six (6) hours per 3-month period and is communicated by Lexipol at least twenty-four (24) hours in advance via Lexipol’s support channels (Lexipol typically schedules such regularly scheduled maintenance once per month); (b) Any failures of the Lexipol Standard and Custom Reporting Services that does not exceed six (6) hours per 3-month period and is communicated by Lexipol at least twenty-four (24) hours in advance via Lexipol’s Normal Support Channels; (c) Any issues with a third-party service to which Agency subscribes but does not control; (d) Any problems not caused by Lexipol that result from, computing MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 56 of 141 Copyright © Lexipol, LLC 1995-2022
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or networking hardware, other equipment or software under Agency’s control, the Internet, or other issues with electronic communications; (e) Lexipol’s suspension or termination of the Service in accordance with the Terms; (f) Exceeding Lexipol’s published Concurrent Request Limits; (g) Software that has been subject to unauthorized modification by Agency; (h) Negligent or intentional misuse of the Service by Agency.

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CITY COUNCIL

AGENDA REPORT
DATE: NOVEMBER 21, 2022
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 4
FILE I.D.: FRD215
DEPT.: FIRE
PREPARER: M. BUTLER
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 22–109 WITH LEXIPOL, LLC FOR CONTINUED MAINTENANCE OF THE FIRE DEPARTMENT’S POLICY AND PROCEDURES

MANUAL AND FIRE SERVICE DAILY TRAINING BULLETINS
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 22–109 with Lexipol, LLC for continued maintenance of the Fire Department’s Policy and Procedures Manual and fire service Daily Training Bulletins (DTB).

A copy of proposed Agreement No. 22–109 is attached for the City Council’s review and consideration.

BACKGROUND: Lexipol was founded in 2003 by public safety experts to provide public safety agencies with policy management, online training, wellness resources, and grant assistance aimed at keeping personnel safe and healthy and reducing risk. Since then, Lexipol has grown to serve more than 8,100 agencies and municipalities and 2 million public safety and governmental professionals.

In January 2022, Lexipol, LLC implemented a Policy and Procedures Manual for the Fire Department, providing fully developed, constitutionally sound, state–specific fire service policies researched and written by subject–matter experts and public safety attorneys.

These policies are based on the latest standards and nationwide best practices that incorporate state and federal laws and regulations where appropriate. If proposed Agreement No. 22–109 is approved, Lexipol’s legal and content development teams would continue to update these policies by continuously reviewing state and federal laws and regulations, court decisions, and evolving best practices. Lexipol would also continue to provide fire procedures based on national best practices augmenting safe, effective, and consistent emergency responses and operations, including tactical and administrative procedures. Fire Department staff would continue to monitor updates for applicability, customize the updates if necessary, and issue the new updated Manual through Lexipol’s Knowledge Management System (KMS)—a web–based delivery platform and mobile app. The KMS would continue to provide secure storage, easy access to all policies, and push updates to members of the Fire Department online, in which members would log in, review updates to the Policy Manual, and electronically accept the updates by the assigned deadline.

Staff would also like to continue the training program offered by Lexipol, LLC through Daily Training Bulletins (DTB). The DTB program is designed by a team of public safety attorneys and policy experts employed by Lexipol, LLC to continually monitor national and California–specific policy changes. The DTBs are used as a daily training exercise by employees of the Fire Department to reinforce their understanding of policies and procedures, help minimize risk, and increase the effectiveness of service to the community. DTBs help personnel learn and apply policy and procedure content through two–minute online training exercises, which are scenario–based that tie Department policy to real–world applications. The training exercises can be completed via desktop MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 58 of 141 or laptop computers or from smartphones, tablets, or other mobile devices such as the Mobile Data Computers installed in the Fire vehicles. On–line training makes it easy to track and report training hours, keeps personnel up–to–date on new laws and best practices, enhances safety, and assists with applying proper policy. Upon completing the training bulletins, a report shows completion by the agency member and the topic instructed.

Lexipol also currently provides a supplemental publication service, which electronically links Department–specific procedural or supplemental content to the Policy and Procedures Manual. This gives Fire Department staff the ability to access standard operating procedures, guidelines, training guides, or secondary policy manuals all in one place on Lexipol’s online content delivery platform, KMS.

FISCAL IMPACT: The subscription services included in Agreement No. 22–109 with Lexipol, LLC are for the 2023 calendar year and would cost $7,960.53. Included in the Fire Department’s Fiscal Year 2022–23 Budget in Special Contract Services is $8,000 to contract with Lexipol for these services (Account No. 1000–4533–52450–400–0000).

RECOMMENDATION: Staff recommends the City Council approve Agreement No. 22– 109 with Lexipol, LLC for continued maintenance of the Fire Department’s Policy and Procedures Manual and fire service Daily Training Bulletins.

MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 59 of 141 Copyright 2021 © Lexipol - Rev 12/28/2020
Agreement No. 22-109

MASTER SERVICE AGREEMENT
Agency's Name: Montclair Fire Department
Agency's Address: 8901 Monte Vista Ave POB 2308
Montclair, CA 91763
Attention:

Lexipol's Address: 2611 Internet Boulevard, Suite 100
Frisco, Texas 75034
Effective Date:
(to be completed by Lexipol upon receipt of signed Agreement) This Master Service Agreement (the “Agreement”) is entered into by and between Lexipol, LLC, a Delaware limited liability company ("Lexipol"), which may include one or more Lexipol subsidiary entities, and the Agency identified above.

Montclair Fire Department Lexipol, LLC
Signature: Signature:

Print Name: Print Name:

Title: Title:

Date Signed: Date Signed:

MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 60 of 141 Copyright 2021 © Lexipol - Rev 12/28/2020
Agreement No. 22-109
Exhibit A

SELECTED SERVICES AND ASSOCIATED FEES
Agency is purchasing the following:

QTY DESCRIPTION UNIT PRICE EXTENDED
1 Annual Fire Policy Manual & Daily Training Bulletins USD 6,206.90 USD 6,206.90 1 Annual Fire Supplemental Manual(s) USD 1,057.24 USD 1,057.24 1 Annual Fire Procedures USD 696.39 USD 696.39
Subscription Line Items Total USD 7,960.53
USD 7,960.53
TOTAL: USD 7,960.53
*The above subscription services, and when applicable, implementation services, shall be invoiced by Lexipol (or one of its subsidiaries, where applicable) upon the execution of this Agreement.

MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 61 of 141 Agreement No. 22-109
Exhibit B
Terms and Conditions of Service

1.1 “Agency” means the department, agency, office, company, or other entity purchasing and/or otherwise subscribing to Lexipol products or services.

3. Termination.

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Rev. 1.1.2022
2 Agreement No. 22-109

6. Service-Specific Terms. The following sections apply to specific Lexipol Services:

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Requests for cancellation of Grant Writing services will result in a 50% fee of the total value of the service.

Invoices for Grant Writing services will be sent as soon as work begins for the applicable target grant.

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Each party shall be responsible for any breach of this section by any of such party’s personnel or agents.

10. Warranty Disclaimer. ALL SERVICES AND SUBSCRIPTION MATERIALS ARE PROVIDED "ASIS" AND LEXIPOL DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR

OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A

PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AS WELL AS ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

12. General Terms.

12.3 Waiver. Either party’s failure to exercise, or delay in exercising, any right or remedy under any provision of the Agreement shall not constitute a waiver of such right or remedy.

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Lexipol Service Level Agreement for Cloud-Based Services

3. Exclusions from Uptime Percentage. All Service Unavailability resulting from the following will be excluded from calculation of Uptime Percentage: (a) Regularly-scheduled maintenance of the Service that does not exceed six (6) hours per 3-month period and is communicated by Lexipol at least twenty-four (24) hours in advance via Lexipol’s support channels (Lexipol typically schedules such regularly scheduled maintenance once per month); (b) Any failures of the Lexipol Standard and Custom Reporting Services that does not exceed six (6) hours per 3-month period and is communicated by Lexipol at least twenty-four (24) hours in advance via Lexipol’s Normal Support Channels; (c) Any issues with a third-party service to which Agency subscribes but does not control; (d) Any problems not caused by Lexipol that result from, computing MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 66 of 141 Copyright © Lexipol, LLC 1995-2022
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6 Agreement No. 22-109
or networking hardware, other equipment or software under Agency’s control, the Internet, or other issues with electronic communications; (e) Lexipol’s suspension or termination of the Service in accordance with the Terms; (f) Exceeding Lexipol’s published Concurrent Request Limits; (g) Software that has been subject to unauthorized modification by Agency; (h) Negligent or intentional misuse of the Service by Agency.

MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 67 of 141

CITY COUNCIL

AGENDA REPORT
DATE: NOVEMBER 21, 2022
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 5
FILE I.D.: PUB355
DEPT.: PUBLIC WORKS
PREPARER: M. PARADIS
SUBJECT: CONSIDER AWARDING A CONTRACT TO ARNOLD FIELDS PAINTING IN THE AMOUNT OF $29,000 WITH A $5,000 CONTINGENCY FOR CITY HALL INTERIOR PAINTING

SERVICES
CONSIDER APPROVAL OF AGREEMENT NO. 22–111 WITH ARNOLD FIELDS PAINTING

FOR CITY HALL INTERIOR PAINTING SERVICES SUBJECT TO ANY REVISIONS DEEMED

NECESSARY BY THE CITY ATTORNEY
CONSIDER AUTHORIZING A $34,000 APPROPRIATION FROM THE BUILDING

MAINTENANCE RESERVE FUND FOR CITY HALL INTERIOR PAINTING SERVICES REASON FOR CONSIDERATION: The City Council is requested to consider awarding a contract to and approval of Agreement No. 22–111 with Arnold Fields Painting in the amount of $29,000 with a $5,000 contingency for City Hall interior painting services.

The total contract amount for this maintenance project is estimated at $34,000. A copy of proposed Agreement No. 22–111 is attached for the City Council’s review and consideration.

BACKGROUND: Recent renovations to City Hall, including the addition of electronic door locks and skim coating over wallpaper, has left the walls in need of painting. Staff obtained quotes for City Hall interior painting services as follows:

Contractor Bid Amount
Arnold Fields Painting $29,000
Astro Painting $38,000
Staff reviewed the two quotes for completeness and accuracy. Arnold Fields Painting was deemed the lowest responsible and responsive contractor for the project.

The anticipated duration of this project is 30 working days. The work is expected to begin in November 2022 and be completed in December 2022.

FISCAL IMPACT: The Building Maintenance Reserve Fund has sufficient funds to cover the costs of this maintenance project.

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

1. Award a contract to Arnold Fields Painting in the amount of $29,000 with a $5,000 contingency for City Hall interior painting services.

2. Approve Agreement No. 22–111 in the amount of $34,000 with Arnold Fields Painting for City Hall interior painting services, subject to any revisions deemed necessary by the City Attorney.

3. Authorize a $34,000 appropriation from the Building Maintenance Reserve Fund for City Hall interior painting services.

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Page 1 ends

KNOW ALL MEN BY THESE PRESENTS: That the following Agreement is made and entered into as of the date executed by the City Clerk and the Mayor, by and between Arnold Fields Painting, hereinafter referred to as "CONTRACTOR" and the CITY OF MONTCLAIR, hereinafter referred to as "CITY."
A. Recitals.
(i) Pursuant to City of Montclair Purchasing Manual, written quotes for services were obtained.
(ii) CITY did accept the bid of CONTRACTOR.
(iii) CITY has authorized the City Clerk and Mayor to enter into a written contract with CONTRACTOR for furnishing labor, equipment, and material for the construction of:
(iv)

CITY HALL INTERIOR PAINTING SERVICES
"PROJECT" hereinafter.

B. Resolution.

NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed:

1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do all work contemplated and embraced for the PROJECT. Said PROJECT to be performed in accordance with the bid price hereinafter mentioned and in accordance with the instructions of the Engineer.

2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY:

This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written Agreement, the provisions of this written Agreement shall control.

3. TERMS OF CONTRACT: The CONTRACTOR agrees to execute the contract within ten (10) calendar days from the date of notice of award of the contract and to complete his portion of PROJECT within 30 calendar days. CONTRACTOR agrees further to the assessment of liquidated damages in the amount of $500 for each calendar day PROJECT remains incomplete beyond the expiration of the completion date. CITY may deduct the amount thereof from any moneys due or that may become due the CONTRACTOR under this contract. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages.

4. GOVERNING LAW: The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement.

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Page 2 ends

Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Montclair.

5. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to CITY nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance:
a. Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the Engineer a policy of insurance or proper endorsement as proof that he has taken out full compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract.

In accordance with the provisions of §3700 of the California Labor Code, every contractor shall secure the payment of compensation to his employees.

CONTRACTOR, prior to commencing work, shall sign and file with CITY a certification as follows:
"I am aware of the provisions of §3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract."
b. For all operations of the CONTRACTOR or any subcontractor in performing the work provided for herein, insurance with the following minimum limits and coverage:
(1) Public Liability - Bodily Injury (not auto) $1,000,000 each person; $2,000,000 each accident.
(2) Public Liability - Property Damage (not auto) $500,000 each accident; $1,000,000 aggregate.
(3) Contractor's Protective - Bodily Injury $1,000,000 each person; $2,000,000 each accident.
(4) Contractor's Protective - Property Damage $500,000 each accident; $1,000,000 aggregate.
(5) Automobile - Bodily Injury $1,000,000 each person; $2,000,000 each accident.
(6) Automobile - Property Damage $500,000 each accident. c. The policy of insurance provided for in subparagraph a. shall contain an endorsement which:

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(1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.d.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein;
(2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to CITY by registered mail. d. Each such policy of insurance provided for in paragraph b. shall:
(1) Be issued by an insurance company approved in writing by CITY, which is qualified to do business in the State of California; (2) Name as additional insureds the CITY, its officers, agents and employees, and any other parties specified in the bid documents to be so included;
(3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insureds shall be called upon to cover a loss under said policy;
(4) Contain a clause substantially in the following words:
"It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by CITY of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter."
(5) Otherwise be in form satisfactory to CITY.
e. The CONTRACTOR shall at the time of the execution of the contract present the original policies of insurance required in paragraphs a. and b., hereof, or present an endorsement of the insurance company, showing the issuance of such insurance, and the additional insureds and other provisions required herein.

6. CONTRACTOR'S LIABILITY: The City of Montclair and its respective officers, agents and employees shall not be answerable or accountable in any manner for any loss or damage that may happen to the project or any part thereof, or for any of the materials or other things used or employed in performing the project; or for injury or damage to any person or persons, either workmen, employees of the CONTRACTOR or his subcontractors or the public, whatsoever arising out of or in connection with the performance of the project. The CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever, except the sole negligence or willful misconduct of CITY, its employees, servants, or independent contractors who are directly responsible to CITY during the progress of the project or at any time before its completion and final acceptance.

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The CONTRACTOR will indemnify CITY against and will hold and save CITY harmless from any and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the CONTRACTOR, his agents, employees, subcontractors, or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of CITY, but excluding such actions, claims, damages to persons or property, penalties, obligations, or liabilities arising from the sole negligence or willful misconduct of CITY, its employees, servants, or independent contractors who are directly responsible to CITY, and in connection therewith:
a. The CONTRACTOR will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations, or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith.
b. The CONTRACTOR will promptly pay any judgment or award rendered against the CONTRACTOR or CITY covering such claims, damages, penalties, obligations, and liabilities arising out of or in connection with such work, operations, or activities of the CONTRACTOR hereunder or reasonable settlement in lieu of judgment or award, and the CONTRACTOR agrees to save and hold the CITY harmless therefrom. c. In the event CITY is made a party to any action or proceeding filed or prosecuted against the CONTRACTOR for damages or other claims arising out of or in connection with the project, operation, or activities of the CONTRACTOR hereunder, the CONTRACTOR agrees to pay to CITY any and all costs and expenses incurred by CITY in such action or proceeding together with reasonable attorneys' fees.

Money due to the CONTRACTOR under and by virtue of the contract, as shall be considered necessary by CITY, may be retained by CITY until disposition has been made of such actions or claims for damage as aforesaid.

7. NONDISCRIMINATION: No discrimination shall be made in the employment of persons upon public works because of the race, color, sex, sexual preference, sexual orientation, or religion of such persons, and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Division 2, Part 7, Chapter 1 of the Labor Code in accordance with the provisions of § 1735 of said Code.

8. INELIGIBLE SUBCONTRACTORS: The CONTRACTOR shall be prohibited from performing work on this project with a subcontractor who is ineligible to perform on the project pursuant to § 1777.1 and § 1777.7 of the Labor Code.

9. CONTRACT PRICE AND PAYMENT: CITY shall pay to the CONTRACTOR for furnishing the material and doing the prescribed work the unit prices set forth in accordance with CONTRACTOR's Proposal dated November 3, 2022.

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10. ATTORNEYS' FEES: In the event that any action or proceeding is brought by either party to enforce any term or provision of this Agreement, the prevailing party shall recover its reasonable attorneys' fees and costs incurred with respect thereto.

IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed with all the formalities required by law on the respective dates set forth opposite their signatures.

CONTRACTOR CITY

ARNOLD FIELDS PAINTING CITY OF MONTLAIR, CALIFORNIA
1140 S. Serena Drive 5111 Benito Street
West Covina, CA 91791 Montclair, CA 91763
By: By:

Arnold Fields Javier “John” Dutrey
Owner Mayor
ATTEST:

By:

Andrea M. Myrick
City Clerk
APPROVED AS TO FORM:

By:

Diane E. Robbins
City Attorney
MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 73 of 141

CITY COUNCIL

AGENDA REPORT
DATE: NOVEMBER 21, 2022
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 6
FILE I.D.: STA919A
DEPT.: PUBLIC WORKS
PREPARER: R. HOERNING
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 22–112 WITH LD KING, INC. FOR

ENGINEERING DESIGN SERVICES FOR STREET AND STORM DRAIN IMPROVEMENTS

FOR THE ARROW HIGHWAY AND FREMONT AVENUE IMPROVEMENT PROJECT,

SUBJECT TO ANY REVISIONS DEEMED NECESSARY BY THE CITY ATTORNEY CONSIDER AUTHORIZING AN $8,286 ENGINEERING DESIGN SERVICES CONTINGENCY FOR AGREEMENT NO. 22–112
CONSIDER AUTHORIZING A $53,000 APPROPRIATION FROM THE REDEVELOPMENT PROJECT AREA NO. III TAX ALLOCATION BOND FUND FOR COSTS RELATED TO AGREEMENT NO. 22–112
REASON FOR CONSIDERATION: The City Council is requested to consider taking actions related to the design of street and storm drain improvements for Arrow highway and Fremont Avenue. Amendments to the Capital Improvement Program, approval of agreements for professional services with the City, and appropriation of unbudgeted funds require City Council approval.

A copy of proposed Agreement No. 22–112 with LD King, Inc. is attached for City Council review and consideration.

BACKGROUND: On December 2, 2019, the City Council approved the City of Montclair Capital Improvement Program for Fiscal Years 2019–20 through 2023–24 to assure that long–range capital project objectives will receive proper consideration.

Arrow Highway is part of the North Montclair revitalization effort, which includes incorporating complete streets concepts and street beautification elements. In advance of the planned Arrow Highway street improvements, a number of underground utilities need to be constructed such as a new Edison circuit system, sewer main line capacity upgrades, and storm drain pipeline improvements, delaying the full Arrow Highway street improvements. These proposed professional engineering services are necessary, in advance of the full Arrow Highway street improvements to coordinate with the Village Partners Development project that is currently under construction and located on the north side of Arrow Highway at its intersection with Fremont Avenue.

LD King, Inc. currently provides on–call plan checking services for the City and is able to efficiently perform the services needed to prepare the plans and specifications for the storm drain pipeline extension and needed street improvements to support the storm drain facilities, traffic signal modifications, and coordinate with related Village Partner development improvements. At the request of the City staff and to adhere scheduling constraints, LD King is presently working on the necessary plans. This agreement formalizes the needed work program for these improvements.

FISCAL IMPACT: The cost associated with Agreement No. 22–112 with LD King, Inc. is $44,714. Staff is requesting an additional $8,286 appropriation as a contingency if additional work is required beyond the scope of services for a total request of $53,000.

MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 74 of 141 Funds for this contract would be provided by the Redevelopment Project Area No. III Tax Allocation Bond Fund account: 1251–0000–52260–400–19036.

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

1. Approve Agreement No. 22–112 with LD King, Inc. for engineering design services for street and storm drain improvements for the Arrow Highway and Fremont Avenue Improvement Project, subject to any revisions deemed necessary by the City Attorney;

2. Authorize an $8,286 engineering design services contingency for Agreement No. 22–112; and

3. Authorize a $53,000 appropriation from the Redevelopment Project Area No. III Tax Allocation Bond Fund for costs related to Agreement No. 22–112.

MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 75 of 141

CITY OF MONTCLAIR

AGREEMENT FOR CONSULTANT SERVICES

ENGINEERING SERVICES FOR ARROW HIGHWAY AND FREMONT AVENUE

STREET AND STORM DRAIN IMPROVEMENTS
THIS AGREEMENT is made and effective as of November 22, 2022, between the City of Montclair, a municipal corporation ("City") and LD King, Inc., a California corporation ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on May 11, 2022 and shall remain and continue in effect for a period of 20 months until tasks described herein are completed, but in no event later than December 31, 2023, unless sooner terminated pursuant to the provisions of this Agreement.

2. SERVICES
Consultant shall perform the tasks described and set forth in Exhibits A1 & A2, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibits A1 & A2.

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

Consultant shall have the duty to prepare any design documents free from defects.

4. CITY MANAGEMENT
City’s City Manager shall represent City in all matters pertaining to the administration of this Agreement and shall be authorized to act on City’s behalf and to execute all necessary documents which enlarge the Tasks to be Performed or change Consultant’s compensation, subject to Section 5 hereof.

5. PAYMENT
(a) The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibits A1 & A2, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed forty four thousand seven hundred fourteen and zero cents ($44,714,00) for the 1 of 24 MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 76 of 141 total term of the Agreement unless additional payment is approved as provided in this Agreement.
(b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City’s written authorization is given to Consultant for the performance of said services.

The City Manager may approve additional work not to exceed eight thousand two hundred and eighty six dollars ($8,286.00). Any additional work in excess of this amount shall be approved by the City Council.
(c) Consultant will submit invoices monthly for actual services performed.

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

6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise.

If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement. (b) In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant on a pro-rata basis the actual value of the work performed up to the time of termination, provided that the work performed is in compliance with this Agreement. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 5(c).

7. DEFAULT OF CONSULTANT
(a) The Consultant’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating 2 of 24 MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 77 of 141 Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant’s control, and to the extent the default is without fault or negligence of the Consultant, it shall not be considered a default. (b) If the City Manager or his/her delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

8. OWNERSHIP OF DOCUMENTS
(a) Consultant shall maintain complete and accurate records with respect to billed time, sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
(b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, claims, applications, computer files, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. Any reuse or modification of the work product without the prior written consent of Consultant will be at the sole risk of the City. With respect to computer files, Consultant shall make available to the City, at the Consultant’s office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.

9. INDEMNIFICATION
(a) Non-design, non-construction Professional Services:

To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), CONSULTANT shall indemnify, defend, and hold harmless 3 of 24 MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 78 of 141 the CITY, and its elected officials, officers, employees, volunteers, and agents (“CITY Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the CONSULTANT’s performance or CONSULTANT’s failure to perform its obligations under this AGREEMENT or out of the operations conducted by CONSULTANT, including the CITY’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the CITY. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from VENDOR’s performance of this AGREEMENT, the CONSULTANT shall provide a defense to the City Indemnitees or at the CITY’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. (b) Non-design, construction Professional Services:

To the extent the Scope of Services involve a “construction contract” as that phrase is used in Civil Code Section 2783, this paragraph shall apply in place of paragraph A. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), CONSULTANT shall indemnify, defend, and hold harmless the CITY, and its elected officials, officers, employees, volunteers, and agents (“CITY Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the CONSULTANT’s performance or CONSULTANT’s failure to perform its obligations under this AGREEMENT or out of the operations conducted by CONSULTANT, except for such loss or damage arising from the active negligence, sole negligence or willful misconduct of the CITY. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONSULTANT’s performance of this AGREEMENT, the CONSULTANT shall provide a defense to the City Indemnitees or at the CITY’s option, reimburse the CITY Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims.
(c) Design Professional Services:

In the event CONSULTANT is a “design professional”, and the Scope of Services require CONSULTANT to provide “design professional services” as those phrases are used in Civil Code Section 2782.8, this paragraph shall apply in place of paragraphs A or B. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8) CONSULTANT shall indemnify, defend and hold harmless the CITY and its elected officials, officers, employees, volunteers and agents (“City Indemnitees”), from and against all claims, damages, injuries, losses, and expenses including costs, attorney fees, expert consultant and expert witness fees arising out of, pertaining to or relating to, the negligence, recklessness or willful misconduct of CONSULTANT, except to the extent caused by the sole negligence, active negligence or willful misconduct of the CITY. Negligence, recklessness or willful misconduct of any subcontractor employed by CONSULTANT shall be conclusively deemed to be the negligence, recklessness or willful misconduct of CONSULTANT unless adequately corrected by CONSULTANT. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONSULTANT’s performance of this Agreement, the CONSULTANT shall provide a 4 of 24 MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 79 of 141 defense to the City Indemnitees or at the CITY’s option, reimburse the CITY Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. In no event shall the cost to defend charged to CONSULTANT under this paragraph exceed CONSULTANT’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, CONSULTANT shall meet and confer with other parties regarding unpaid defense costs.
(d) Payment by CITY is not a condition precedent to enforcement of the indemnities in paragraph A, B, or C. In the event of any dispute between CONSULTANT and CITY, as to whether liability arises from the active negligence, sole negligence or willful misconduct of the CITY or its officers, employees, or agents, CONSULTANT will be obligated to pay for CITY’s defense until such time as a final judgment has been entered adjudicating the CITY as having been actively negligent, solely negligent or as having engaged in willful misconduct. Except as otherwise required by Civil Code Section 2782.8, CONSULTANT will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation. The provisions of this Section 9 shall survive completion of CONSULTANT’s services or the termination of this Agreement. (e) Non-Waiver and Non-Exhaustion of City’s Further Rights and Remedies.

No aspect of this provision shall in any way limit or effect the rights of the Indemnified Parties against the Consultant under the terms of this Agreement or otherwise. The indemnification provisions shall apply regardless of whether this Agreement is executed after Consultant begins the work and shall extend to claims arising after this Agreement is performed or terminated, including a dispute as to the termination of Consultant. The indemnity obligations of Consultant shall continue until it is determined by final judgment that the claim against the City and any Indemnified Parties is determined by final judgment and after exhaustion of any rights of appeal. Further, no aspect of this provision shall impact the City’s rights to contribution from Consultant, or for the City to dispute Consultant’s refusal to defend and indemnify City. (f) Limitations on Scope of Indemnity. Notwithstanding the foregoing, Consultant shall not be responsible for indemnification for claims or losses caused by the sole negligence or intentional wrongdoing of Indemnified Parties. Further, the indemnity provided shall be interpreted as broadly as permitted under California law and as to agreements between parties and shall if required be reformed to be consistent with those laws to protect and save this provision for the protection of the Indemnified Parties.
(g) The obligations of Consultant under this or any other provision of this Agreement shall not be limited by the provisions of any workers’ compensation act or similar act. The Consultant expressly waives any statutory immunity under such statutes or laws as to the Indemnified Parties. The Consultant’s indemnity obligation set forth in this Section 9 shall not be limited by the limits of any policies of insurance required or provided by the Consultant pursuant to this Agreement. 5 of 24 MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 80 of 141 (h) The Consultant’s covenant under this Section 9 shall survive the expiration or termination of this Agreement.

10. INSURANCE
The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
(a) Types of Required Coverages
Without limiting the indemnity provisions of the Contract, the Consultant shall procure and maintain in full force and effect during the term of the Contract, the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(1) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 00 01, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $1,000,000 per occurrence, and $2,000,000 aggregate total bodily injury, personal injury, and property damage.
(2) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1), including owned, non-owned and hired autos, or the exact equivalent, with minimum limits of $2,000,000 for bodily injury and property damage, each accident. If Contractor owns no vehicles, auto liability coverage may be provided by means of a non-owned and hired auto endorsement to the general liability policy. Automobile liability insurance and endorsements shall be kept in force at all times during the performance of this Agreement.
(3) Workers’ Compensation: Workers’ Compensation Insurance, as required by the State of California and Employer’s Liability Insurance with a limit of not less than $1,000,000 each accident for bodily injury and $1,000,000 each employee for bodily injury by disease. (4) Professional Liability: Professional Liability insurance with limit of not less than $2,000,000 each claim. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusion that may potentially affect the work to be performed.
(b) Endorsements
Insurance policies shall not be in compliance if they include any limiting provision or endorsement. The insurance policies shall contain, or be endorsed to contain, the following provisions:
6 of 24 MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 81 of 141 (1) Commercial General Liability
Additional Insured: The City, its elected officials, officers, employees, volunteers, boards, agents and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or operations. Coverage for the additional insureds shall apply to the fullest extent permitted by law.

Additional Insured Endorsements shall not:

1. Be limited to “Ongoing Operations”

2. Exclude “Contractual Liability

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

4. Exclude “Third-Party-Over Actions”

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

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

Primary Insurance: This insurance shall be primary and any other insurance whether primary, excess, umbrella or contingent insurance, including deductible, or self-insurance available to the insureds added by endorsement shall be in excess of and shall not contribute with this insurance.
(3) Workers’ Compensation
Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties. (c) Notice of Cancellation
Required insurance policies shall not be cancelled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. 7 of 24 MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 82 of 141 (d) Waiver of Subrogation
Required insurance coverages shall not prohibit Consultant from waiving the right of subrogation prior to a loss. Consultant shall waive all rights of subrogation against the indemnified parties and policies shall contain or be endorsed to contain such a provision. This provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer.
(e) Evidence of Insurance
All policies, endorsements, certificates, and/or binders shall be subject to approval by the City as to form and content. These requirements are subject to amendment or waiver only if so approved in writing by the City. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. (f) Deductible or Self-Insured Retention
Any deductible or self-insured retention must be approved in writing by the City and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the Consultant or the City.
(g) Contractual Liability/Insurance Obligations
The coverage provided shall apply to the obligations assumed by the Consultant under the indemnity provisions of this Agreement. The insurance obligations under this Agreement shall be: (1) all the insurance coverage and/or limits carried by or available to the Consultant; or (2) the minimum insurance coverage requirements and/or limits shown in this Agreement; whichever is greater. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits, which are applicable to a given loss, shall be available to the City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of the Consultant under this Agreement. (h) Failure to Maintain Coverage
Consultant agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City. The City shall have the right to withhold any payment due Consultant until Consultant has fully complied with the insurance 8 of 24 MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 83 of 141 provisions of this Contract. In addition, the City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may take out the necessary insurance and pay, at Consultant’s expense, the premium thereon.

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

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

Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City.

Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Consultant shall be solely responsible and hold the City harmless for all matters relating to the payment of Consultant’s employees, including compliance with Social Security withholdings and all other regulations governing such matters.
9 of 24 MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 84 of 141 (b) No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.

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

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

Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.

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

15. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, responses to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. 10 of 24 MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 85 of 141 (b) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, requests for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Consultant.

However, City’s right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
(c) Consultant shall comply with all applicable federal, state and local Conflict of Interest laws, including the Political Reform Act (California Government Code, Section 81000, et. seq.) and California Government Code, Section 1090, et. seq.

Consultant covenants that neither he/she nor any officer or principal of their firm have any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder. Consultant further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent or subconsultant.

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

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

To City:

City Engineer
City of Montclair
5111 Benito
Montclair, CA 91763
11 of 24 MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 86 of 141 To Consultant: Carla Berard, CEO
LD King, Inc.
975 N. Haven Avenue, Suite 200
Ontario, CA. 91764

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

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

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

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

21. CONTENTS OF PROPOSAL
Consultant is bound by the contents of proposal submitted by the Consultant, Exhibits A1 & A2 hereto. In the event of conflict, the requirements of this Agreement shall take precedence over those contained in the Consultant’s proposals. 12 of 24 MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 87 of 141

22. CONFIDENTIALITY
Information and materials obtained by the Consultant from City during the performance of this Agreement shall be treated as strictly confidential and shall not be used by the Consultant for any purpose other than the performance of this Agreement.

Consultant’s covenant under this Section shall survive the expiration or termination of this Agreement.

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

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

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

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

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

28. COST OF LITIGATION
If any legal action is necessary to enforce any provision of this Agreement or for damages by reason of an alleged breach of any provisions of this Agreement (whether in contract, tort or both), the prevailing Party shall be entitled to receive from the losing Party all attorneys’ fees, costs and expenses in such amount as the courts may determine to be reasonable. In awarding the cost of litigation, the court shall not be bound by any court 13 of 24 MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 88 of 141 fee schedule, but shall, if it is in the interest of justice to do so, award the full amount of costs, expenses and attorneys’ fees paid or incurred in good faith.

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

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

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

CITY OF MONTCLAIR CONSULTANT
By: By:

Javier John Dutrey
Mayor
Attest:

By:

Andrea M. Myrick
City Clerk
Name: Carla Berard
Title: CEO
Approved as to Form:

By:

Diane E. Robbins
City Attorney
14 of 24 MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 89 of 141 EXHIBIT A1 15 of 24 MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 90 of 141 EXHIBIT A1 16 of 24 MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 91 of 141 EXHIBIT A1 17 of 24 MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 92 of 141 EXHIBIT A1 18 of 24 MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 93 of 141 EXHIBIT A1 19 of 24 MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 94 of 141 EXHIBIT A2 20 of 24 MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 95 of 141 EXHIBIT A2 21 of 24 MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 96 of 141 EXHIBIT A2 22 of 24 MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 97 of 141 EXHIBIT A2 23 of 24 MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 98 of 141 EXHIBIT A2 24 of 24 MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 99 of 141

CITY COUNCIL

AGENDA REPORT
DATE: NOVEMBER 21, 2022
SECTION: BUSINESS ITEMS
ITEM NO.: A
FILE I.D.: CCK127
DEPT.: ADMIN. SVCS.

PREPARER: A. MYRICK
SUBJECT: CONSIDER AUTHORIZING THE PREPARATION OF ACTION MINUTES AS THE OFFICIAL

RECORD OF CITY COUNCIL AND COMMISSION MEETINGS

CONSIDER REVISING THE RETENTION PERIOD FOR VIDEO/AUDIO RECORDINGS OF MEETINGS TO “PERMANENT” FOR THOSE WITH ACTION MINUTES PREPARED REASON FOR CONSIDERATION: After discussing this item at the October 17, 2022 meeting, the City Council directed this item be continued to the November 7, 2022 meeting.

Currently, Montclair staff prepares detailed, summary–style minutes for legislative body meetings. With the recent transition to live–streamed video–recorded Council and Commission meetings, staff feels it is a good time to consider the action minute format for the written minutes memorializing actions of the City Council. Changing to action minutes would simplify the preparation of the minutes, making available more time for staff to focusing on other identified projects and goals of the City. When necessary, such as for public hearing and business items, a very brief statement summarizing the points of discussion would still be provided in the action minutes.

The City Council is requested to consider authorizing the preparation of action minutes as the official record of City Council and Commission meetings, and to revise the retention period for video and audio recordings of meetings to “permanent” for those with action minutes prepared.

BACKGROUND: California Government Code Sections 36814 and 40801 state that the City Clerk shall maintain a journal of proceedings or minutes of City Council meetings.

The Government Code does not specify in what form or style the minutes must be as long as the subject of the proceedings and the final actions are recorded. Similarly, Section 2.12.110 of the Montclair Municipal Code states that the City Council “shall direct the City Clerk to keep a record of its proceedings.” The Standard Code of Parliamentary Procedure, 4th Edition, states, “In general, minutes are a record of all actions and proceedings but not a record of discussion.”
Draft minutes are reviewed and approved by the City Council before they are considered final. Once approved, the minutes become the official record of what took place at a meeting. Minutes may be subpoenaed as evidence for court purposes, and auditors depend on them for proof of authorization for important expenditures.

Minutes can be prepared in several different formats, including action, summary, or verbatim. Minutes are not meant to be transcriptions and are not intended to be a record of discussions and conversations; they are regarded as the instrument that records the actions and proceedings of a legislative body.

MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 100 of 141 At a minimum, all minutes must contain the following information, which solely comprise the action minute format:
 Date of the meeting
 Indication of whether it is a regular, regular adjourned, or special meeting  Location of meeting
 Starting and ending times of the meeting
 Names of members and staff present at the meeting
 Description of items being discussed
 Names of speakers and whether they were in favor or opposed to an item  A statement of action for each item and how the members of the legislative body voted
Minutes in Montclair
The style of minutes is not a new topic in Montclair. The issue was discussed at Council meetings in 1985 and 1996, at which times those City Councils expressed their preference for detailed summary minutes. In a memo to the City Council dated August 8, 2011 (Attachment 1), the City Manager/City Clerk advised the City Council of staff’s intention to transition to action minutes due to staff attrition during the recession. There was no opposition by Council Members to the proposal; however, the newly–appointed Deputy City Clerk, having prepared summary–style Council Meeting minutes for over a decade, felt the expectation for the format had been long established and did not wish to discontinue the practice of preparing summary minutes.

Currently, the City Council’s summary minutes are extensive and include all of the items contained in action minutes with the addition of detailed, summarized commentary by members of the legislative body, staff, and public. The summarized comments of each speaker range from a few sentences to a few paragraphs.

While detailed summary minutes can provide more context to a reader about what led to a decision, the format has some inherent challenges.  The preparation of detailed summary minutes is a significant drain on limited administrative staff time and resources.
 Depending on the length of the meeting and the complexity of the items, senior– level staff tend to be relied upon as the summary minute composers. Newer and entry–level staff do not typically understand the context or history of matters being discussed enough to effectively summarize the discussions and, as a result, take more time and prepare even longer summaries that are essentially verbatim style.
 It can be difficult to distill 30 minutes of commentary, questions, and answers while providing the appropriate context.
 There is the potential for the minute composer to misinterpret comments or misrepresent the intended message of a speaker.

The video and/or audio recording of the meeting serves as the best method available to capture the nuances of discussion during a meeting for assessing legislative intent and an individual legislator’s thoughts. Adding time stamps to the minutes for items with discussion prior to the vote is another simple way to direct those interested in hearing the discussion to the relevant location in the video or audio recording.

MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 101 of 141 After the August 15, 2022 City Council meeting, which was particularly long and contained extensive discussions and public comments, City Clerk Myrick prepared action format minutes, including abbreviated summaries of non–agenda public comments and City Council communications, prior to expanding them into the usual detailed summary minutes that were approved at the following meeting. After recording the amount of time it took to prepare the action format, and then the additional time it took to create the summary version, it was found that the action version took 2.5 hours for the City Clerk to prepare, whereas the full summary minutes took just over 7 hours. In addition, having two staff members proof–read the summary minutes took a combined 2.5 hours, totaling over nine hours of staff time for the final draft of summary minutes.

In the traditionally prepared summary minutes, motions and actions are part of a discussion’s narration, making it difficult to locate actions when comments are made before and after a motion, or if there is additional discussion between a motion being made and the vote on that motion being taken. The proposed format of action minutes highlights the actions for each item in a table that identifies the body or bodies acting, the motion, the names of those who made and seconded the motion, the vote, and the result.

A copy of the approved summary minutes of the August 15, 2022 City Council meeting, followed by the action version prepared by the City Clerk, are attached to this report as Attachment 2. Also included as Attachment 3 is an action version of the October 17, 2022 minutes.

Staff in the Community Development and Human Services Departments were also queried on how long it takes to prepare minutes for the Planning and Community Activities Commission meetings. For Planning Commission, minutes are first prepared by the department’s Administrative Secretary in verbatim format, and then are pared down into summary format by the Community Development Director. The verbatim transcription takes about 2 to 3 times the length of the actual meeting, and the summarizing takes 4 to 6 hours. A typical planning commission meeting is two hours, meaning it could take up to 12 hours for staff to prepare the summary minutes of a Planning Commission meeting. Minutes of Community Activities Commission (CAC) meetings are composed in summary format by an entry–level staff member, revised by a higher–level staff member, and finalized by the Human Services Director. The process is estimated to take about 6 to 8 hours of staff time. CAC meetings involve few actions aside from approving minutes and recommendations for the allocation of community benefit funds. Action minutes for the CAC would note the final result of a discussion on non–action items.

Additional Considerations for Transition to Action Minutes In League of California Cities surveys conducted over the past several years, the trend shows that cities have been transitioning to action minutes rather than summary minutes for formal meeting body records. In a 2021 survey of California cities regarding the type of minutes prepared, 70 percent of the 146 respondents answered that they prepare action minutes. The main reasons given for this trend include the following:
 New information technologies such as real–time cable and internet broadcasts, as well as audio, video, and digital copies of the meetings provide multiple methods by which officials, staff, and the public can access verbatim records of discussions.

MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 102 of 141 Currently, the City of Montclair broadcasts the City Council meetings live on YouTube and Zoom and the video recordings of recent Council meetings are available on the City’s website. These electronic records are required to be kept for a minimum of 3 years under the City’s adopted Records Retention Schedule; however, Council meeting audio back to 2010 has not been destroyed in anticipation of transitioning to action minutes. With action minutes, interested parties can either receive a link to a web–hosted video or audio file upon request, purchase recordings of meetings saved to a storage media for a fee established in the City’s Master Fee Schedule, or request to view or listen to archived meetings in the City Clerk’s Office at no charge.
 Many City Attorneys prefer action minutes over summary minutes, especially with the availability of video and/or digital copies, because summary minutes are more subjective, as they are the minute taker’s paraphrased version of the testimony, discussion, debate and action taken. Action minutes are more defensible and removes the issue of “he said/she said” dialogue regarding or leading to City Council actions. In addition, while not a common situation in Montclair, many cities found that approving summary minutes rather than action minutes took up much more time at Council meetings, as the subjective nature of paraphrasing resulted in additional Council Member debate and discussion regarding what “he said/she said” (and in many cases what he or she “meant”).  Providing extensive summary minutes requires significantly more City resources.

The City Clerk generally uses notes to prepare the minutes, but often times has to refer back to audio tapes to verify and transcribe certain comments.  The City Clerk can have verbatim minutes for any discussion or comment prepared upon request.

Among nearby agencies, the types of minutes prepared are as follows:

Action Summary
City of Chino Hills
City of Colton
City of Fontana
City of Glendora
City of Grand Terrace
City of Hesperia
City of Ontario
City of Pomona
City of Rancho Cucamonga
City of San Dimas
City of Upland
City of Victorville
County of San Bernardino
City of Chino
City of Claremont
City of La Verne
City of San Bernardino
Based on the survey results, there is an apparent shift toward preparing action minutes.

In addition, an increasing number of public agencies are televising and/or webcasting their meetings and archiving those video and audio files on their websites—a trend that has accelerated since the pandemic, which persuaded many cities to adopt protocols for remote public participation. As a result, the public has access to the meeting recording 24 hours of the day if they want to hear the specifics of what was said during a discussion.

MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 103 of 141 FISCAL IMPACT: There would be no direct fiscal impact as a result of preparing action minutes as opposed to summary; however, a great deal of staff time will be saved by converting to the preparation of action minutes rather than summary.

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

1. Authorize the preparation of action minutes as the official record of City Council, Planning Commission, and Community Activities Commission meetings; and

2. Revise the retention period for video/audio recordings of meetings to “permanent” for those with action minutes prepared.

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MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 110 of 141 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.

ATTACHMENT 2 - SUMMARY MINUTES MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 111 of 141 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 ATTACHMENT 2 - SUMMARY MINUTES MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 112 of 141 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 ATTACHMENT 2 - SUMMARY MINUTES MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 113 of 141 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.

ATTACHMENT 2 - SUMMARY MINUTES MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 114 of 141 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.

ATTACHMENT 2 - SUMMARY MINUTES MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 115 of 141 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.

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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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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.

ATTACHMENT 2 - SUMMARY MINUTES MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 118 of 141 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.

ATTACHMENT 2 - SUMMARY MINUTES MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 119 of 141 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.

ATTACHMENT 2 - SUMMARY MINUTES MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 120 of 141 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.

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

Andrea Myrick,
City Clerk
Community Foundation Board
Andrea Myrick,
City Clerk
ATTACHMENT 2 - SUMMARY MINUTES MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 121 of 141 DRAFT
ACTION

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
 Veteran of the Year: Sgt. Cornelious Lambert
 Woman of the Year: Leticia “Letty” Rodriguez
 Small Business of the Year: Bowlium
VI. PUBLIC COMMENT
 Kati Parker – Introduction as Board Member Candidate for the Chino Basin Water Conservation District.
 Carolyn Raft – Provided an update as the City’s representative to the West Valley Mosquito and Vector Control District (WVMVCD) Board of Trustees.
 The following individuals spoke on the addition of a public restroom in Montclair along the Pacific Electric Trail:

Al Villanueva spoke in opposition.

Donald DeBoen spoke in opposition.

Bruce Culp spoke in support
Michael Keenan spoke in opposition.

Attachment 2 - Action Minutes (draft) MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 122 of 141 DRAFT
ACTION

MINUTES
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 8  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 opened the public hearing.

The following individuals spoke in support of the project:
 Al Villanueva
 Carolyn Raft
The following individuals spoke in opposition to the project:
 Lydia Henry
 Michael Keenan
 Bruce Culp
 Amin Nash
Written comments on the project were received from the following:
 City of Claremont
 City of Upland
Mayor Dutrey closed the public hearing and the City Council discussed the matter. Discussion focused on concerns related to traffic impacts, pedestrian safety, parking, maintaining the historic integrity of the area, modifications to Huntington Drive, and the potential future conversion of Huntington Drive into a through– street.

ACTION – Public Hearings – Item A
ACTING: City Council
MOTION: Adopt Resolution No. 22–3366 incorporating changes proposed by the applicant to Exhibit A.

MADE BY:

SECOND BY:

Council Member Martinez
Council Member Johnson
AYES:

NOES:

ABSTAIN:

ABSENT:

Lopez, Martinez, Johnson, Ruh, Dutrey
None
None
None
RESULT: Motion carried 5–0
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 opened the public hearing. No members of the public provided comments.

Mayor Dutrey closed the public hearing.

The City Council discussed the matter and received clarification that the ordinance only relates to the taxing authority of the City Council and not regulations for cannabis businesses.

Attachment 2 - Action Minutes (draft) MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 123 of 141 DRAFT
ACTION

MINUTES
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 8 ACTION – Public Hearings – Item B
ACTING: City Council
MOTION: Direct the City Clerk to read Ordinance No. 22–999 for a second time by number and title only, waive further
reading, and adopt Ordinance No. 22–999.

MADE BY:

SECOND BY:

Council Member Lopez
Council Member Johnson
AYES:

NOES:

ABSTAIN:

ABSENT:

Lopez, Martinez, Johnson, Ruh, Dutrey
None
None
None
RESULT: Motion carried 5–0
VIII. CONSENT CALENDAR
ACTION – Consent Calendar
ACTING: City Council
Successor Agency
Montclair Housing Corporation
Montclair Housing Authority
Montclair Community Foundation
MOTION: Pull Item C–2 from the Consent Calendar.

Approve Item D–1 with staff’s recommended changes.

Approve the remainder of the Consent Calendar as
presented.

MADE BY:

SECOND BY:

Council Member/Director Johnson
Council Member/Director Lopez
AYES:

NOES:

ABSTAIN:

ABSENT:

Lopez, Martinez, Johnson, Ruh, Dutrey
None
None
None
RESULT: Motion carried 5–0
A. Approval of Minutes

1. Regular Joint Meeting — August 1, 2022
ACTION – Consent Calendar – Item A–1
ACTING: City Council
Successor Agency Board
Montclair Housing Corporation Board
Montclair Housing Authority Commissioners
Montclair Community Foundation Board
RESULT: Approved on Consent
B. Administrative Reports

1. Receiving and Filing of City Treasurer's Report – July 2022 ACTION – Consent Calendar – Item B–1
ACTING: City Council
Attachment 2 - Action Minutes (draft) MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 124 of 141 DRAFT
ACTION

2. Approval of City Warrant Register and Payroll Documentation ACTION – Consent Calendar – Item B–2
ACTING: City Council
RESULT: Approved on Consent

3. Receiving and Filing of SA Treasurer's Report – July 2022 ACTION – Consent Calendar – Item B–3
ACTING: Successor Agency Board
RESULT: Approved on Consent

4. Approval of SA Warrant Register – July 2022
ACTION – Consent Calendar – Item B–4
ACTING: Successor Agency Board
RESULT: Approved on Consent

5. Receiving and Filing of MHC Treasurer's Report – July 2022 ACTION – Consent Calendar – Item B–5
ACTING: Montclair Housing Corporation Board
RESULT: Approved on Consent

6. Approval of MHC Warrant Register – July 2022
ACTION – Consent Calendar – Item B–6
ACTING: Montclair Housing Corporation Board
RESULT: Approved on Consent

7. Receiving and Filing of MHA Treasurer's Report – July 2022 ACTION – Consent Calendar – Item B–7
ACTING: Montclair Housing Authority Commissioners
RESULT: Approved on Consent

8. Approval of MHA Warrant Register – July 2022
ACTION – Consent Calendar – Item B–8
ACTING: Montclair Housing Authority Commissioners
RESULT: Approved on Consent

9. Authorizing the Destruction of Certain Obsolete Public Records Pursuant to the City of Montclair Records Retention Schedule
Attachment 2 - Action Minutes (draft) MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 125 of 141 DRAFT
ACTION

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
ACTION – Consent Calendar – Item B–10
ACTING: City Council
RESULT: Approved on Consent
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
ACTION – Consent Calendar – Item C–1
ACTING: City Council
RESULT: Approved on Consent

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 Attachment 2 - Action Minutes (draft) MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 126 of 141 DRAFT
ACTION

MINUTES
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 8 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
ACTION – Consent Calendar – Item C–4
ACTING: City Council
RESULT: Approved on Consent
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
ACTION – Consent Calendar – Item D–1
ACTING: City Council
Montclair Housing Corporation Board
Montclair Housing Authority Commissioners
RESULT: Approved on Consent, with the following recital added to Resolution No. 22–3342, MHA Resolution No. 22–01, and
MHC Resolution No. 22–02: “WHEREAS, no development of
the Property is contemplated; and”

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
ACTION – Consent Calendar – Item D–2
ACTING: City Council
RESULT: Approved on Consent
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
The City Council discussed and received clarification from staff on Item C–2.

Attachment 2 - Action Minutes (draft) MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 127 of 141 DRAFT
ACTION

MINUTES
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 8 ACTION – Pulled Consent Calendar Items – Item C–2
PULLED BY: Mayor Dutrey
ACTING: City Council
MOTION: Approve Item C–2 as presented.

MADE BY:

SECOND BY:

Mayor Pro Tem Ruh
Council Member Johnson
AYES:

NOES:

ABSTAIN:

ABSENT:

Lopez, Martinez, Johnson, Ruh, Dutrey
None
None
None
RESULT: Motion carried 5–0
X. COMMUNICATIONS
A. Department Reports — None
B. City Attorney
City Attorney Robbins requested the City Council meet in closed session concerning the following:

E. Council Members/Directors

1. Mayor Pro Tem/Vice Chair Ruh thanked veterans of Victory Day in Japan and spoke on the state’s current drought and water conservation efforts.

2. Council Member/Director Lopez stated he and all other Council Members attended the Montclair High School booster club’s spaghetti dinner fundraiser event for the football team.

3. Council Member/Director Johnson announced her attendance at the National League of Cities’ Women in Municipal Government conference last week in Sacramento.

4. Council Member/Director Martinez commented on her sister’s first day at Chaffey College, which she is attending on a Montclair to College scholarship.

F. Committee Meeting Minutes
The following committee minutes were received and filed for informational purposes:

1. Minutes of Personnel Committee Meeting of August 1, 2022 Attachment 2 - Action Minutes (draft) MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 128 of 141 DRAFT
ACTION

MINUTES
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 8 XI. CLOSED SESSION
The City Council entered closed session at 9:30 p.m. to discuss real property negotiations.

XII. CLOSED SESSION ANNOUNCEMENTS
The City Council returned from closed session at 9:42 p.m.

Mayor Dutrey announced 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., the City Council, Successor Agency Board, Montclair Housing Corporation Board, Montclair Housing Authority Commission, and Montclair Community Foundation Board were adjourned.

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

Andrea Myrick,
City Clerk
Attachment 2 - Action Minutes (draft) MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 129 of 141 DRAFT
ACTION

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, OCTOBER 17, 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 Joe McTarsney, Calvary Montclair, gave the invocation.

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

IV. ROLL CALL

B. Proclamation Declaring November 2022 as “Family Court Awareness Month” in the City of Montclair
Mayor Dutrey declared November 2022 as “Family Court Awareness Month” in the City of Montclair, and presented a proclamation to Ms. Sandy Ross, Executive Director and Chief Operations Officer, Family Court Awareness Month Committee.

VI. PUBLIC COMMENT
 The following individuals spoke in opposition to the proposed installation of a new public restroom on the Pacific Electric Trail by the San Bernardino County Transportation Authority:

Al Villanueva, founder of the Arbol Verde Preservation Committee Lorraine Campos, resident
Steve Shulz, resident
Vera Wilson, resident
Florencia Garcia, resident
Mohammad Nash, resident
 Pat Westrope, resident, asked when drainage pipes would be repaired on Rudisill street, and reported parking violations near her home.  Janine Boscoe–Ohoiner, and Janice Boscoe, residents, voiced their concerns regarding the homeless population.
 Bruce Culp, resident, proposed alternative locations for a public restroom on the Pacific Electric Trail; spoke in support of renewing City Manager Starr’s contract; and requested an update on costs related to harassment allegations against Council Member Lopez.

Attachment 3 - Action Minutes (draft) MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 130 of 141 DRAFT
ACTION

MINUTES
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – October 17, 2022 Page 2 of 6 VII. PUBLIC HEARINGS — None
VIII. CONSENT CALENDAR
ACTION – Consent Calendar
ACTING: City Council
Successor Agency
Montclair Housing Corporation
Montclair Housing Authority
Montclair Community Foundation
MOTION: Approve the Consent Calendar as presented.

MADE BY:

SECOND BY:

Council Member/Director Johnson
Council Member/Director Lopez
AYES:

NOES:

ABSTAIN:

ABSENT:

Lopez, Martinez, Johnson, Ruh, Dutrey
None
None
None
RESULT: Motion carried 5–0
A. Approval of Minutes

1. Regular Joint Meeting — October 3, 2022
ACTION – Consent Calendar – Item A–1
ACTING: City Council
Successor Agency Board
Montclair Housing Corporation Board
Montclair Housing Authority Commissioners
Montclair Community Foundation Board
RESULT: Approved on Consent
B. Administrative Reports

1. Receive and File City Treasurer's Report – September 2022 ACTION – Consent Calendar – Item B–1
ACTING: City Council
RESULT: Approved on Consent

2. Approve City Warrant Register and Payroll Documentation ACTION – Consent Calendar – Item B–2
ACTING: City Council
RESULT: Approved on Consent

3. Receive and File SA Treasurer’s Report – September 2022 ACTION – Consent Calendar – Item B–3
ACTING: Successor Agency Board
RESULT: Approved on Consent

Attachment 3 - Action Minutes (draft) MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 131 of 141 DRAFT
ACTION

4. Approve SA Warrant Register – September 2022
ACTION – Consent Calendar – Item B–4
ACTING: Successor Agency Board
RESULT: Approved on Consent

5. Receive and File MHC Treasurer's Report – September 2022 ACTION – Consent Calendar – Item B–5
ACTING: Montclair Housing Corporation Board
RESULT: Approved on Consent

6. Approve MHC Warrant Register – September 2022
ACTION – Consent Calendar – Item B–6
ACTING: Montclair Housing Corporation Board
RESULT: Approved on Consent

7. Receive and File MHA Treasurer's Report – September 2022 ACTION – Consent Calendar – Item B–7
ACTING: Montclair Housing Authority Commissioners
RESULT: Approved on Consent

8. Approve MHA Warrant Register – September 2022
ACTION – Consent Calendar – Item B–8
ACTING: Montclair Housing Authority Commissioners
RESULT: Approved on Consent

9. Authorizing the Receipt of $9,878.76 from the Fiscal Year 2022 Patrick Leahy Bulletproof Vest Partnership Program to Assist with the Purchase of Ballistic Vests
ACTION – Consent Calendar – Item B–9
ACTING: City Council
RESULT: Approved on Consent

10. Approving the Purchase of Shopping Carts, Whole Turkeys, and Assorted Items for the Montclair Holiday Food and Toy Basket Program
ACTION – Consent Calendar – Item B–10
ACTING: Montclair Community Foundation Board
RESULT: Approved on Consent

Attachment 3 - Action Minutes (draft) MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 132 of 141 DRAFT
ACTION

1. Approval of Amendment No. 1 to Agreement No. 22–58 and Amendment No. 1 to Agreement No. 22–59 with the
Ontario–Montclair School District for the Montclair After– School Program and Summer Expanded Learning Program to
Remove the Vaccine Verification and Testing Policy
ACTION – Consent Calendar – Item C–1
ACTING: City Council
RESULT: Approved on Consent
D. Resolutions

1. Adoption of Resolution No. 22–3384 Making Factual
Findings in Compliance with AB 361 for the Continuation of Public Meeting Teleconferencing During Public Health
Emergencies for the Period of October 17, 2022, through November 17, 2022
ACTION – Consent Calendar – Item D–2
ACTING: City Council
RESULT: Approved on Consent
IX. PULLED CONSENT CALENDAR ITEMS — None
X. BUSINESS ITEMS
A. Consider Authorizing the Preparation of Action Minutes as the Official Record of City Council and Commission Meetings Consider Revising the Retention Period for Video/Audio
Recordings of Meetings to “Permanent” for Those with Action Minutes Prepared
City Clerk Myrick presented the report and fielded questions about the item.

Mayor Pro Tem Ruh received clarification of how residents currently access the minutes and audio from meetings.

Council Member Lopez expressed concerns that residents may not understand why decisions were made if the discussions are not summarized in the minutes, and that comments made by Council Members “for the record” would not be provided in the minutes.

City Manager Starr advised audio of the meetings would be retained as a permanent record should anyone want to hear the full discussion that led to a decision.

Council Member Johnson suggested a hybrid of summary and action minutes, where the discussion summaries are not as detailed.

ACTION – Business Items – Item X–1
ACTING: City Council
MOTION: Continue item to the next regular meeting.

MADE BY:

SECOND BY:

Mayor Dutrey
Council Member Johnson
RESULT: With no opposition, motion carried 5–0.

Attachment 3 - Action Minutes (draft) MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 133 of 141 DRAFT
ACTION

1. Human Services Department — Upcoming Events & Programs Assistant City Manager/Director of Human Services Richter advised the Candidate’s Forum held last week is now available to view on the City’s YouTube and Facebook pages; provided information about youth basketball sign–ups; announced that appointments must be made by Friday to sign up for receiving a Holiday Food and Toy Basket; stated the Montclair After– School Program’s Lights On After School will take place this Thursday in the Community Center at 6:30 p.m.; and noted this year’s Halloween Spooktacular event will take place at Montclair Place on Saturday, October 29th, from 5:00 to 8:00 p.m.

B. City Attorney
City Attorney Robbins requested the City Council meet in closed session concerning the following:

1. Closed Session Pursuant to Government Code Section
54956.9(d)(1) Regarding Pending Litigation
Garcia v. Lopez, City of Montclair, et al.

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

C. City Manager/Executive Director — None
D. Mayor/Chair
Mayor/Chair Dutrey noted staff made recommendations to SBCTA to ease traffic congestion; reported an upcoming 55–hour weekend closure of three lanes on the westbound side of the I–10 Freeway from Monte Vista Avenue starting November 4th; and announced the City would be funding the purchase of a new fire truck because he was just informed by staff the City was not successful in obtaining a grant from the state for the purchase.

E. Council Members/Directors

1. Mayor Pro Tem/Vice Chair Ruh reported his attendance at the Gold Line Joint Powers Authority meeting last week and
complained of traffic congestion caused by the construction on Monte Vista and Central Avenues.

2. Council Member/Director Lopez reported he attended the Soroptimist Casino Night event and the Montclair Chamber of Commerce monthly networking breakfast; noted the I–10
Towing & Recovery ribbon cutting event is this Thursday; requested vintage car owners to participate in the upcoming family festival and antique car show hosted by Hasco Outlet on November 5th; commented on his own observance of homeless in the community; received information about the City’s ban on livestock; and requested residents be notified before alleyway construction begins.

3. Council Member/Director Johnson stated voters should have received their mail–in ballots and encouraged them to vote early if they cannot on Election Day; announced the Chamber of Commerce is hiring an event planner; and invited the
community to attend the I–10 Towing & Recovery grand
opening event this Thursday.

4. Council Member/Director Martinez encouraged the community to support the Montclair High School water polo team at its upcoming game tomorrow; wished Assistant City
Manager/Director of Human Services Richter an early “Happy Birthday; and announced a Women’s Health Fair will be hosted Attachment 3 - Action Minutes (draft) MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 134 of 141 DRAFT
ACTION

F. Committee Meeting Minutes
The following committee minutes were received and filed for informational purposes:

1. Minutes of Personnel Committee Meeting of October 3, 2022 XII. CLOSED SESSION
The City Council entered closed session at 8:28 p.m. to discuss pending litigation.

XIII. CLOSED SESSION ANNOUNCEMENTS
The City Council returned from closed session at 9:00 p.m.

Mayor Dutrey announced the City Council met in closed session to discuss pending litigation; information was received and direction given to staff; and no further announcements would be made at this time.

XIV. ADJOURNMENT
At 9:00 p.m., the City Council, Successor Agency Board, Montclair Housing Corporation Board, Montclair Housing Authority Commission, and Montclair Community Foundation Board were adjourned.

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

Andrea Myrick,
City Clerk
Attachment 3 - Action Minutes (draft) MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 135 of 141 Personnel Committee Minutes – November 7, 2022 Page 1 of 1

MINUTES OF THE MEETING OF THE MONTCLAIR

PERSONNEL COMMITTEE HELD ON MONDAY,
NOVEMBER 7, 2022, AT 6:18 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 6:18 p.m.

II. ROLL CALL

Present: Mayor Pro Tem Ruh, Council Member Martinez, City Manager Starr, and Assistant City Manager/Director of
Human Services Richter,
III. APPROVAL OF MINUTES
A. Minutes of the Regular Personnel Committee Meeting of October 17, 2022.

Moved by Council Member Martinez, seconded by Mayor Pro Tem Ruh, and carried unanimously to approve the minutes of the Personnel Committee meeting of October 17, 2022.

IV. PUBLIC COMMENT – None
V. CLOSED SESSION
At 6:19 p.m., the Personnel Committee went into Closed Session regarding personnel matters related to appointments, resignations/ terminations, and evaluations of employee performance.

At 6:43 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 6:43 p.m., Mayor Pro Tem Ruh adjourned the Personnel Committee.

Submitted for Personnel Committee approval,
Edward C. Starr
City Manager
MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 136 of 141

PENDING

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, NOVEMBER 7, 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
Montclair Fire Chaplain Jimmy Crowell gave the invocation.

Mayor Dutrey thanked Chaplain Crowell, wished his family sincere condolences on behalf of the City Council, and noted tonight’s meeting would be adjourned in memory of his son, Thomas M. Rojas.

III. PLEDGE OF ALLEGIANCE
Mayor Pro Tem/Vice Chair Ruh led meeting participants in the Pledge.

IV. ROLL CALL

Present: Mayor/Chair Dutrey; Mayor Pro Tem/Vice Chair Ruh; Council Members/Directors 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

Absent: Council Member/Director Johnson
V. PRESENTATIONS — None
VI. PUBLIC COMMENT
Ms. Ruby Long, Field Representative for San Bernardino County Fourth District Supervisor Curt Hagman, announced the District will host a Veteran Claims Event on Wednesday, November 9, from 10:00 a.m. to 2:00 p.m. at the District office located at 14010 City Center Drive in Chino Hills.

Ms. Lisa Wallen, resident, sought assistance to find a friend who was evicted from his home and is currently in the care of Adult Protective Services.

Ms. Rosemarie Rosa, resident, requested the City pave a driveway approach in front of her property so that she does not have to continue using her neighbor’s driveway. She was directed to speak with Public Works Director Heredia regarding the process for obtaining a sidewalk construction easement.

VII. PUBLIC HEARINGS — None
VIII. CONSENT CALENDAR
Mayor Dutrey took public comment and discussion on Item B–2, and staff provided clarification to Council Member Lopez on Item D–1.

The motion to adopt the Consent Calendar was made by Council Member/Director Lopez and seconded by Mayor Pro Tem/Vice Chair Ruh.

Support for the motion was recorded electronically as follows:

AYES: Lopez, Martinez, Ruh, Dutrey
NOES: None
ABSTAIN: None
ABSENT: Johnson
Mayor/Chair Dutrey declared the motion carried 4–0.

MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 137 of 141

PENDING

1. Regular Joint Meeting — October 17, 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 October 17, 2022 regular joint meeting.

B. Administrative Reports

1. Approval of City Warrant Register and Payroll Documentation The City Council approved the City Warrant Register dated November 7, 2022, totaling $2,326,514.79; and the Payroll Documentation dated October 23, 2022, amounting to
$749,309.44 gross, with $500,940.67 net being the total cash disbursement.

2. Authorizing the Purchase of One KME Custom Type–1
Pumper Apparatus in the Total Amount of $838,070.48
Authorizing an $838,070.48 Appropriation from the
Equipment Replacement Fund for the Purchase of one KME
Custom Type–1 Pumper Apparatus
Mr. Bruce Culp, resident, expressed doubts as to the necessity for this purchase based on limited justification and evidence, and considering a new fire engine was purchased in 2018. He added the timing of having this item on the agenda before the election makes it look politically motivated.

Mayor Dutrey countered Mr. Culp’s claim that political bias is involved, noting this subject has been repeatedly discussed for over a year and the City Council directed the purchase be made from the General Fund if the grant is not successful in the budget review meetings. He noted staff has just learned the grant was unsuccessful, prompting the purchase being placed on tonight’s agenda.

Council Member Martinez received clarification that a grant could not be sought for reimbursement after purchase of the truck, and that the fire station is equipped with an HVAC system to protect personnel from emissions.

Council Member Lopez stated all the engines need to be
updated and this is just the first step.

Mayor Pro Tem Ruh noted the City of Rancho Cucamonga
recently received a grant to purchase an electric fire engine.

The City Council took the following actions:
(a) Authorized the purchase of one KME custom Type–1
pumper apparatus in the total amount of $838,070.48.
(b) Authorized an $838,070.48 appropriation from the
Equipment Replacement Fund for the purchase of one
KME custom Type–1 pumper apparatus.

3. Approval of the Filing of a Notice of Completion with the San Bernardino County Recorder for the Fire Station No. 2
Landscaping Project Constructed by Mariposa Landscapes, Inc.

Authorizing Release of Retention 30 Days After Recordation of Notice of Completion, Reduction of Faithful Performance Bond to 10 Percent, and Release of Payment Bond After Nine Months Subject to City Attorney Approval
The City Council took the following actions:
(a) Approved the filing of a notice of completion with the San Bernardino County Recorder for the Fire Station No. 2
MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 138 of 141

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – November 7, 2022 Page 3 of 5 Landscaping Project constructed by Mariposa Landscapes, Inc.
(b) Authorized release of retention 30 Days after recordation of Notice of Completion, reduction of faithful
performance bond to 10 Percent, and release of payment
bond after nine months subject to City Attorney approval.

4. Authorizing the Purchase of Perpetual Award Plaques, Frames, and an Organizational Chart for the Police
Department in the Total Amount of $15,000
Authorizing a $15,000 Appropriation from the State Asset Forfeiture Fund for the Purchase of Said Items
The City Council took the following actions:
(a) Authorized the purchase of perpetual award plaques, frames, and an organizational chart for the Police
Department in the total amount of $15,000.
(b) Authorized a $15,000 appropriation from the State Asset Forfeiture Fund for the purchase of said items.

C. Agreements

1. Award of Contract to G&S Carpet Mills, Inc. in the Amount of $64,451.72 with a $9,548.28 Contingency for City Hall
Flooring Services
Approval of Agreement No. 22–98 with G&S Carpet Mills,
Inc., for City Hall Flooring Services, Subject to Any Revisions Deemed Necessary by the City Attorney
Authorizing a $74,000 Appropriation from the Building
Maintenance Reserve Fund for City Hall Flooring Services The City Council took the following actions:
(a) Award a contract to G&S Carpet Mills, Inc. in the amount of $64,451.72 with a $9,548.28 contingency for City Hall flooring services.
(b) Approved Agreement No. 22–98 with G&S Carpet Mills, Inc., for City Hall flooring services, subject to any
revisions deemed necessary by the City Attorney.
(c) Authorized a $74,000 appropriation from the Building Maintenance Reserve Fund for City Hall flooring services.

2. Approval of Agreement No. 22–102 with Graffiti Tracker Inc. for Continued Use of its Database to Track and Analyze
Graffiti, Subject to Any Revisions Deemed Necessary by the City Attorney
Authorizing a $3,300 Appropriation from the Prop 30/AB
109 Fund for Costs Associated with Agreement No. 22–102 The City Council took the following actions:
(a) Approved Agreement No. 22–102 with Graffiti Tracker Inc. for continued use of its database to track and analyze
graffiti, subject to any revisions deemed necessary by the City Attorney.
(b) Authorized a $3,300 appropriation from the Prop 30/AB 109 fund for costs associated with Agreement No. 22–102.

D. Resolutions

1. Adoption of Resolution No. 22–3385 Authorizing Placement of Liens on Certain Properties for Delinquent Sewer and Trash Charges
Council Member Lopez asked if property owners who are
repeatedly on this list are notified and given the opportunity to pay the owed amounts before it goes to lien.

MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 139 of 141

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – November 7, 2022 Page 4 of 5 City Manager Starr advised many property owners rent out their properties and prefer to pay for their trash and sewer service on their annual tax bill through the lien process. He added notices are mailed and staff works with those who contact the City to avoid the liens.

The City Council adopted Resolution No. 22–3385 authorizing placement of liens on certain properties for delinquent sewer and trash charges.

2. Adoption of Resolution No. 22–3386 Making Factual
Findings in Compliance with AB 361 for the Continuation of Public Meeting Teleconferencing During Public Health
Emergencies for the Period of November 7, 2022, through December 7, 2022
The City Council adopted Resolution No. 22–3386 making
factual findings in compliance with AB 361 for the continuation of public meeting teleconferencing during public health emergencies for the period of November 7, 2022, through December 7, 2022.

IX. PULLED CONSENT CALENDAR ITEMS — None
X. BUSINESS ITEMS — None
XI. 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
54956.9(d)(1) Regarding Pending Litigation
Garcia v. Lopez, City of Montclair, et al.

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

Kresback v. Hamilton, City of Montclair, et al.

Borra v. City of Montclair
Wheeler v. City of Montclair

2. Closed Session Pursuant to Government Code Section
54957.6 Regarding Conference with Designated Labor
Negotiator Edward C. Starr
Agency: City of Montclair
Employee Management
Organizations: Montclair City Confidential Employees Assn.

Montclair General Employees Association
Montclair Fire Fighters Association
Montclair Police Officers Association
C. City Manager/Executive Director — None
D. Mayor/Chair
Mayor/Chair Dutrey recognized all who served in honor of Veterans Day; announced upcoming days and months of recognition for November including National Native American Heritage Month; commended the success of the Human Services Department’s Halloween Spooktacular and Lights On After School events; thanked the Fire Department for quickly addressing a large house fire on Camulos Avenue last night; recognized the Montclair Firefighters Association for replacing a resident’s broken wheelchair; and expressed his confidence in the people of Montclair to vote tomorrow.

MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 140 of 141

PENDING

1. Mayor Pro Tem/Vice Chair Ruh thanked the Community
Activities Commission as well as Montclair Fire and Police Departments for their involvement in the successful Halloween event; noted his attendance at Hasco Outlet’s First Annual Family Fun Festival and Car Show on Saturday; noted the passing of Mr. Roger Lambert, a longtime Montclair resident, and Mrs. Barbara “Barbee” Pearson, who owned and operated Midway Building Supply in Montclair with her husband,
Mr. Richard “Ric” Harold Pearson, from 1952 to 1998; urged residents to vote tomorrow using any of the many available methods; and commemorated Veterans Day by reflecting on what it used to be called, Armistice Day, which marked the end of World War I at the Battle of Normandy.

2. Council Member/Director Lopez shared a compliment from a resident for Assistant Code Enforcement Manager Fondario; stated he attended the Hasco Outlet event as well as some Montclair High School (MHS) water polo games; attended the I–10 Towing & Recovery grand opening event with his Council colleagues; attended the MHS Homecoming; expressed the
importance of Election Day and urged residents to not let the rainy forecast deter them; wished all candidates luck; and thanked residents who have served in the U.S. Military.

3. Council Member/Director Martinez commended the City’s Halloween event; announced the Women’s Club of Montclair is holding its See’s Candy fundraiser; and wished her father, Planning Commissioner Manny Martinez, a happy birthday.

F. Committee Meeting Minutes
The following committee minutes were received and filed for informational purposes:

1. Public Works Committee Meeting – August 18, 2022

2. Personnel Committee Meeting – October 17, 2022
Council Member Lopez left the meeting at 7:57 p.m.

XII. CLOSED SESSION
The City Council entered closed session at 7:57 p.m. to discuss pending litigation.

Council Member Lopez joined the City Council in closed session at 8:12 p.m.

The City Council resumed discussion of pending litigation and discussed labor negotiations.

XIII. CLOSED SESSION ANNOUNCEMENTS
The City Council returned from closed session at 8:37 p.m.

Mayor Dutrey announced the City Council met in closed session to discuss pending litigation and labor negotiations; information was received and direction given to staff; and no further announcements would be made at this time.

XIV. ADJOURNMENT
At 8:37 p.m., the City Council, Successor Agency Board, Montclair Housing Corporation Board, Montclair Housing Authority Commission, and Montclair Community Foundation Board were adjourned in memory of Roger Lambert, Barbara Pearson, and Thomas M. Rojas.

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

Andrea Myrick,
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 11/21/2022 Page 141 of 141

Montclair City CouncilNovember 21, 2022

Montclair City Council
November 21, 2022