Montclair City Council
January 17, 2023

EXHIBIT “A”
SCOPE OF SERVICES – CONSTRUCTION ADMINISTRATION

MONTCLAIR REEDER RANCH PARK
PSOMAS PROJECT NO. 1EPT010300
OCTOBER 27, 2021

PROJECT DESCRIPTION
The City of Montclair wishes to develop existing vacant land to a public City park, adjacent to the historic Reeder Ranch House at 4405 Holt Boulevard. The City intends the project to include a 2,500 square foot building, shade structures, a parking lot, and park amenities for active and passive recreation. The park will be developed with community input. The City intends to promote sustainable design in the development of the vacant land, including stormwater treatment to promote infiltration. Construction of this project is estimated to take nine (9) months.

Plans and specifications for the subject project were prepared by Psomas under contract with EPTDESIGN (see EPTDESIGN contract E20-033, dated October 7, 2020). EPTDESIGN has requested this additional services proposal from Psomas to provide Construction Administration services. Psomas agrees to furnish and perform the following professional services pertinent to the project specifically outlined as follows:

SCOPE OF WORK
Task 1: Bid Support Services
Bid support services include:
• Attend one (1) pre-bid meeting.
• Respond to discipline specific bidder RFI’s.
• Prepare one (1) discipline-specific bid addenda.

Task 2: Construction Administration Services
Construction support services include:
• Attend one (1) pre-construction on-site kick-off meeting. • Respond to discipline specific contractor RFI’s (maximum 15 RFIs are assumed). • Review discipline specific shop drawing submittals (maximum 10 submittals are assumed).
• Attend Contractor/Owner/Construction Manager progress meetings as required to address civil engineering issues; maximum ten (10) meetings during construction.

Task 3: Project Close-Out
Services include:
• One (1) punch list walk with Contractor.
• One (1) site visit to review completion of punch list items. • Prepare discipline specific Record Drawings based on signed and dated blueline set provided by contractor indicating any changes or deviations from the contract documents.

The scope does not include field verification of this data.

Exhibit A to
Agreement No. 23-04

SCHEDULE “A”
FEE SCHEDULE – CONSTRUCTION ADMINISTRATION

MONTCLAIR REEDER RANCH PARK
PSOMAS PROJECT NO. 1EPT010300
OCTOBER 27, 2021
Architect agrees to pay Consultant as compensation for the professional services described in Exhibit “A” in accordance with the following schedule:

FEE SCHEDULE
Task 1: Bid Support Services (Fixed Fee) $ 3,300
Task 2: Construction Administration Services (Fixed Fee) $ 15,000 Task 3: Project Close-Out (Fixed Fee) $ 4,500
Subtotal $ 22,800
Reimbursables (T&M Allowance)*
TOTAL
$ 1,000
$ 23,800
The above-mentioned fee is based on our Fee Schedule effective through December 31, 2022.

Increases in the Fee Schedule will be applied as a percentage increase to all remaining compensation.
* This item of service will be done on a Time and Materials basis. If additional budget is determined necessary to complete the project, Client’s written authorization will be obtained prior to exceeding the budgeted fees. Costs other than time charges are based on usage.

Therefore, the costs of blueprints, messenger services, transportation and other specific jobrelated costs will be charged in accordance with our current fee schedule.

Exhibit A to
Agreement No. 23-04

ECCO Engineering Firm LLC
Consulting Electrical Engineers

EXTRA SERVICES
ATTENTION: Adam Trujillo EPT design
PROJECT: Reeder Ranch Park
ECCO ROJECT No: EP- 103 By: Vartan
This is a: Request for authorization to proceed with extra services.

Confirmation of verbal authorization to proceed with Extra Services.

Description of services
The following added services are for construction administration phase.

1. On -Site kick -off meetings

2. (2) site visit during the construction including punch walk / final walk,

3. Preparing record / as built drawings.

Services Fee Basis:

Lump sum amount.........................................................$ Time & Material not-to-exceed.......................................$ $2,000 Above work is not to proceed until original signed copy of this authorization has been received by ECCO Engineering FIRM.

Above work is in progress or has been completed based on your prior verbal authorization to proceed. Please send a signed copy of this confirmation back to this office.

ECCO Engineering FIRM LLC Accepted By:
___________________________________ ___________________________________ Vartan Nayebyan Authorized Signature
Date: 10-21-2021 Date:

Firm:

Exhibit A to
Agreement No. 23-04

CITY COUNCIL

AGENDA REPORT
DATE: JANUARY 17, 2023
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 4
FILE I.D.: HSV105
DEPT.: HUMAN SVCS.

PREPARER: A. COLUNGA
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 23–05 WITH CIM MANAGEMENT TO PROVIDE SPACE AT MONTCLAIR PLACE FOR THE HUMAN SERVICES DEPARTMENT’S

MONTCLAIR WALKERS PROGRAM, SUBJECT TO ANY REVISIONS DEEMED NECESSARY

BY THE CITY ATTORNEY
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 23–05 with CIM Management to provide space at Montclair Place for the Human Services Department’s Montclair Walkers Program, subject to any revisions deemed necessary by the City Attorney.

A copy of proposed Agreement No. 23–05 is attached for review and consideration by the City Council.

BACKGROUND: Since 1986, the Human Services Department has coordinated the Montclair Walkers Program through the Montclair Senior Center, which provides a free exercise program for senior citizens. Before the COVID–19 pandemic, the program had over 400 members with 150 members participating at every event. As of March 2020, the Montclair Walkers program was suspended temporarily for the health and safety of the participants. Human Services Department Staff have met with CIM Management and have agreed to resume the program at Montclair Place in 2023.

The Montclair Walkers Program motto is “walking for health and fun.” According to the National Council on Aging, exercising regularly can help older adults stay independent.

In addition, regular exercise can help older adults prevent health conditions that often come with aging. Exercise, such as walking, can improve cardiovascular health, improve stamina, strengthen lungs, and generally improve physical and mental health. Physicians often recommend their patients join the Montclair Walkers program to help improve their health by exercising in a safe and climate–controlled space at Montclair Place.

In addition to the walking program, some regular participants formed a Choral Group that performs at various places including City events, convalescent hospitals, and even the Los Angeles County Fair. Further, the Montclair Walkers take trips together and many help volunteer in Human Services programs and activities. The Montclair Walkers Program will take place every Monday, Wednesday, and Friday at 10:00 a.m., meeting at Montclair Place near the Canyon for warm–up exercises. The start date of the program will be determined in partnership with CIM Management, expected in the Winter/Spring of 2023.

FISCAL IMPACT: There is no direct fiscal impact as a result of approving Agreement No. 23–05; however, the Human Services Department will request budget for the Montclair Walkers Program during the normal budgeting process.

RECOMMENDATION: Staff recommends the City Council approve Agreement No. 23–05 with CIM Management to provide space at Montclair Place for the Human Services Department’s Montclair Walkers Program, subject to any revisions deemed necessary by the City Attorney.

MONTCLAIR CITY COUNCIL MEETING – 01/17/2023 Page 146 of 185 Agreement No. 23-05
FORM Montclair Special Events (AF) 5-3-16 Page 1 of 11

EVENT LICENSE AGREEMENT
Montclair
THIS EVENT LICENSE AGREEMENT (this "Agreement"), is entered into as of January 9, 2023 by and between Licensor and Licensee described below.

1. Basic Provisions. The provisions of this Section 1 summarize certain terms of this Agreement, which are more fully described in the balance of this Agreement.

1.1 LICENSOR: 5060 Montclair Plaza Lane Owner, LLC
Address for Notices:
5060 Montclair Plaza Lane Owner, LLC
5060 East Montclair Plaza Lane
Montclair, CA 91763
Attention: Mary Whelan
Facsimile: (909) 624-6195
with a copy to:
4700 Wilshire Boulevard
Los Angeles, CA 90010
Attention: General Counsel
Email: [email protected]
Facsimile: (323) 297-2586

1.2 LICENSEE: City of Montclair
EIN Number: 95-6005731
Address for Notices:
5111 Benito Street
Montclair, CA 91763
Attention: Marcia Richter
Email: [email protected]
Facsimile: (909) 621-1584
with a copy to:
5111 Benito Street
Montclair, CA 91763
Attention: City Attorney
Email: [email protected]

1.3 PROJECT: Montclair Place, located at 5060 N Montclair Plaza Ln, Montclair, CA 91763.

1.4 LICENSE AREA: Warm-Up Exercises: Upper Level, Near The Canyon Walking: Perimeter of Upper Level
MONTCLAIR CITY COUNCIL MEETING – 01/17/2023 Page 147 of 185 FORM Montclair Special Events (AF) 5-3-16 Page 2 of 11

1.5 EVENT: Mall Walker Program
Every Mon, Wed and Fri, no holidays
At 10A

1.6 EVENT FEE: N/A

1.7 EXHIBITS: The following exhibits which are attached hereto and incorporated herein by reference:

Exhibit A – License Area

2. Basic License Terms; Premises; Defined Terms. The Basic Provisions in Section 1 are incorporated into and made a part of this Agreement by this reference. Capitalized terms used but not defined in this Agreement shall have the meanings given to them in the Basic Provisions.

3. Grant of License. Licensor hereby grants to Licensee a non-assignable, nonexclusive, non-transferable, one-time revocable license to use the License Area solely for the purpose of conducting the Event in the License Area. Licensee will have temporary access to the License Area through the designated entrances and exits to the Project. The license granted hereunder shall be subject and subordinate to (a) all other easements, agreements, rights-of-way, liens, covenants, conditions, or restrictions of any nature now or hereafter affecting the Project or any part thereof and constituting a matter of public record, and (b) all federal, state, county, municipal, or other local governmental statute, law, ordinance, rule, regulation, code, decree, or order, including all decisions of any court that are binding precedents in the State of California.

4. Event Fee. In exchange for the license granted herein, Licensee agrees to pay Licensor the License Fee in accordance with Section 1.6 of Basic Provisions. In the event that the License Fee is not received when due, a late fee in the amount of five percent (5%) of the amount past due will be assessed. It is the intent that such fee qualifies as rents from real property as such term is defined in Section 856(d) of the Internal Revenue Code. Except as set forth in Basic Provisions, Licensee shall be responsible for all costs of the Event, including (without limitation) costs for security guards, janitorial, utilities, damages, special power, table rental, chair rental, set-up fees, décor removal, overtime fees, late fees and canopy rentals.

5. Rights Reserved to Licensor. Licensor hereby reserves the right to use the License Area for any purpose that does not unreasonably interfere with the license granted to Licensee hereunder.

6. Permits and Approvals. Licensee shall, at its sole cost and expense, (a) obtain all consents, permits, licenses and authorizations which may be required by any and all governmental authorities with respect to the Event and (b) at all times cause the use of the License to comply with (i) all laws, ordinances, rules, regulations, code requirements and permits affecting the Project of any par thereof, (ii) all easements, agreements, rights-of-way, liens, covenants, conditions, and other matters of public record affecting the Project or any part thereof, and (iii) the rules and regulations of the Project as determined in Licensor’s sole and absolute discretion. All installations and equipment used by Licensee in performing the Event shall be maintained and installed in strict conformity with the requirements of the Board of Fire Underwriters as well as local, state and federal laws, rules and regulations. LICENSOR DISCLAIMS ANY RESPONSIBILITY FOR THE CALCULATION OF THE

MAXIMUM OCCUPANT LOAD FOR THE LICENSE AREA AND LICENSEE ACKNOWLEDGES AND AGREES THAT (I) IT IS LICENSEE’S RESPONSIBILITY TO DETERMINE THE MAXIMUM OCCUPANT LOAD FOR LICENSEE’S INTENDED USE OF THE LICENSE AREA, (II) A SPECIFIC USE PERMIT MAY BE REQUIRED FOR LICENSEE’S INTENDED USE OF THE MONTCLAIR CITY COUNCIL MEETING – 01/17/2023 Page 148 of 185 FORM Montclair Special Events (AF) 5-3-16 Page 3 of 11
LICENSE AREA AND IT IS LICENSEE’S RESPONSIBILITY TO DETERMINE WHETHER SUCH

A PERMIT IS REQUIRED AND TO OBTAIN SUCH A PERMIT, AND (III) MAXIMUM OCCUPANT LOAD PROVISIONS MAY BE INCLUDED IN ANY SUCH PERMIT. LICENSEE SHALL AT ALL

TIMES ENSURE THAT ITS USE OF THE LICENSE AREA COMPLIES WITH THE APPLICABLE

MAXIMUM OCCUPANT LOAD FOR THE LICENSE ARE AND LICENSEE ACKNOWLEDGES

AND AGREES THAT OCCUPANCY OF THE LICENSE AREA BY MORE THAN THE MAXIMUM

OCCUPANT LOAD WILL REPRESENTS A CRIMINAL VIOLATION AND WILL RESULT IN CRIMINAL PROSECUTION OF LICENSEE AND/OR ITS PRINCIPALS OR SHAREHOLDERS.

LICENSEE FURTHER AGREES THAT IT WILL ENSURE THAT LICENSEE’S USE OF THE

LICENSE AREA DOES NOT INVOLVE THE BLOCKING OR OBSTRUCTION OF ANY EXIT DOORS.

7. Maintenance and Repair. Licensee shall at all times maintain the License Area in good condition and repair any damage to the License Area caused by Licensee, its employees, agents, contractors, guests and invitees as required by Licensor. If Licensee fails to maintain or repair the License Area as specified herein, Licensor shall have the right to make such repairs at Licensee’s sole cost and expense. All sums so paid by Licensor and all costs incidental thereto (including attorney’s and other fees and costs) shall be payable to Licensor by Licensee within five (5) days after presentation of invoice by Licensor.

8. Insurance. Licensee shall procure and maintain in full force and effect, at all times during the term of this Agreement, the following insurance through companies rated no less than A- VIII under Best's most recent rating guide:
(a) Commercial General Liability Insurance covering Licensee's operations as set forth in this Agreement with a combined single limit of One Million Dollars ($1,000,000) for bodily injury and property damage per occurrence and Two Million Dollars ($2,000,000) in the aggregate. Said liability insurance policy shall include (i) a waiver of subrogation for the benefit of Licensor; and (ii) an endorsement using ISO Form CG2026, or its equivalent, to show the following as additional insureds with respect to legal liability or claims caused by, arising out of, or relating to the use, occupancy or maintenance of the License Area, or acts or omissions, work or work products performed on behalf of the named insured:
5060 Montclair Plaza Lane Owner, LLC; CIM Group, LLC, and their officers, directors, employees, divisions, subsidiaries, partners, members, managers, shareholders, affiliated companies and mortgagees/lenders;
and any other entity Licensor may designate as properly named additional insureds. (b) Worker's Compensation/Employers’ Liability Insurance covering all employees of Licensee in performing the services related to the Event for not less than One Million Dollars ($1,000,000) each accident, One Million Dollars ($1,000,000) disease policy limit, and One Million Dollars ($1,000,000) disease – each employee. Licensee shall require its insurer to issue an endorsement waiving all rights to subrogation against Licensor. (c) Automobile Liability Insurance, including owned, hired, and non-owned coverage with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence.
(d) Liquor Liability Insurance, covering the respective party’s operations as set forth in this Agreement, is required should any such beverages be sold and/or provided in any manner in connection with the Event with a combined single limit of not less than $1,000,000 per occurrence.

MONTCLAIR CITY COUNCIL MEETING – 01/17/2023 Page 149 of 185 FORM Montclair Special Events (AF) 5-3-16 Page 4 of 11
All policies must contain language requiring insurer to provide those entities referenced above, with a thirty (30) day written notice of cancellation of the policy. It is further agreed that any coverage extended by reason of this Section shall be primary and that any similar insurance maintained by Licensor or the other additional insureds for its and/or their own protection shall be secondary or excess and not contributing insurance.

Licensee hereby waives every claim which arises or may arise in its favor against Licensor during the Term or any extension or renewal thereof for any and all loss or damage covered by any insurance policies carried by Licensee (and any and all loss or damage which would be covered by the insurance policies required to be carried by Licensee pursuant to this Agreement, if Licensee fails to carry all of the insurance as required by this Agreement). Such waiver shall be in addition to, and not in limitation of, any other waiver or release contained in this Agreement with respect to any loss or damage to Licensee’s property.

Prior to the Event, and at each policy renewal, Licensee shall provide Licensor with a valid enforceable certificate of insurance with applicable endorsements to note all coverage requirements within this Section.

9. Release; Indemnity. Licensee hereby releases and discharges Licensor, its partners, lender(s) parent and/or subsidiaries and/or affiliates, and their respective officers, directors, shareholders, beneficiaries, agents, servants, employees, and independent contractors (collectively, the “Licensor Parties”) from any and all losses, damage, expenses, claims, liability or causes of action of any kind (collectively, “Claims”) arising out of or related to the Event or Licensee’s access to or use of the Project, except to the extent Claims result from the active negligence or willful misconduct of the Licensor Party seeking release. Licensee shall indemnify, defend (with counsel satisfactory to Licensor) and hold harmless Licensor, and the other Licensor Parties from and against any and all Claims, except to the extent Claims result from the active negligence or willful misconduct of the Licensor Party seeking indemnity.

10. Use. Licensee is using the License Area in its “as-is” condition. Licensor makes no representation or warranty regarding the condition or suitability of the License Area for Licensee’s intended use. Licensee shall conduct the Event in a manner that does not interfere with the occupancy or business operations of tenants and other occupants of the Project. Nothing herein shall grant Licensee any right to make any alterations, additions, or improvements to the interior or the exterior of the Project and Licensee shall not make any such alterations, additions, or improvements without first obtaining Licensor’s written approval (which may be given or withheld in Licensor’s sole discretion). Licensee shall be responsible for all preparations in connection with the Event, including but not limited to any decoration of the License Area. Licensee shall clear all trash and debris from the License Area at the conclusion of the Event and deposit it as directed by Licensor. Licensee shall be responsible for any additional janitorial services.

11. Liens. Licensee shall pay or cause to be paid all costs of labor, services, and materials supplied in the prosecution of any work done on behalf of Licensee in connection with the Event, and Licensee shall keep the Project free and clear of all mechanics’ liens and other liens arising out of any work done for Licensee or persons claiming under Licensee. Licensee shall promptly notify Licensor of any claims of lien filed against the Project or the commencement of any action affecting title thereto. If Licensee desires to contest the claim of any mechanics’ lien, Licensee must either (i) post a mechanics lien release bond in an amount sufficient to satisfy statutory requirements or (ii) furnish Licensor with adequate security for the amount of the claim plus estimated costs and interest and (iii) promptly pay or cause to be paid all sums awarded to the claimant on its suit.

MONTCLAIR CITY COUNCIL MEETING – 01/17/2023 Page 150 of 185 FORM Montclair Special Events (AF) 5-3-16 Page 5 of 11

12. Term. The license granted by this Agreement shall be effective solely for the Event and may be terminated immediately by Licensor if Licensee fails to comply with any obligation of Licensee under this Agreement. The license granted by this Agreement begins at 9A on the Setup Date and ends at 9P on the breakdown Date specified in Section 1.5, at which time Licensee will vacate the Project, without damage thereto, remove all of its equipment and personnel from the Project, and restore the License Area to its condition prior to Licensee’s use thereof. If Licensee fails to timely vacate the License Area in the condition required by this Section 13, Licensee be responsible for all cleanup costs incurred by Licensor.

13. Licensee’s Independent Contractors. Licensee shall not use independent contractors without Licensor's express prior written consent, which may be granted or withheld in Licensor’s sole and absolute discretion. Licensor shall have the right to condition its consent upon payment to Licensor of a surcharge. If Licensee requests Licensor to consent to use any electrical contractors, Licensor shall have the right to require, at Licensee’s sole expense, an inspection and approval of any electrical work done by Licensee’s electrical contractor.

14. Promotion and Advertising; Entertainment. Licensee will not publicly promote or advertise the Event without Licensor’s prior written approval, which may be granted or withheld in Licensor’s sole and absolute discretion.

15. Security. Licensee shall arrange for security services as may be required by applicable laws or governmental permits or approvals, and for such security services as may be deemed necessary or appropriate, in Licensor’s reasonable business judgment, to provide adequate security for persons and property during Licensee’s Event. Licensee shall obtain Licensor's prior written consent, which may be granted or withheld in Licensor’s sole and absolute discretion, to use any particular security agency. Any security agency used by Licensee shall be licensed and bonded, and Licensee shall provide Licensor with a true and correct copy of Licensee’s security contract with such agency no later than thirty (30) days prior to the Set-Up Date.

16. Limitation of Licensor’s Liability. Notwithstanding anything in this Agreement to the contrary, Licensee agrees that it shall look solely to Licensor’s equity in the Project for the collection of any judgment (or other judicial process) requiring the payment of money by Licensor in the event of any breach by Licensor with respect to this Agreement, and no other assets of Licensor or the Licensor Parties shall be subject to levy, execution or any procedures for the satisfaction of Licensee’s remedies, it being the intention and agreement of the parties to this Agreement that none of Licensor or the other Licensor Parties be personally liable for any deficiency or judgment against Licensor arising out of this Agreement.

17. Assignment. It is expressly agreed that Licensee shall not assign its rights nor delegate its duties under this Agreement without the prior written consent of Licensor, which may withheld in Licensor’s sole discretion. Any assignment of rights or delegation of duties by Licensee without the prior written consent of Licensor is void. In the event that Licensor sells or conveys the Project or any interest therein, Licensor may assign this Agreement to its successor, in which event Licensor shall be released from any liability arising after the date of such assignment based upon any of the terms of this Agreement and Licensee agrees to look solely to Licensor’s successor thereafter.

MONTCLAIR CITY COUNCIL MEETING – 01/17/2023 Page 151 of 185 FORM Montclair Special Events (AF) 5-3-16 Page 6 of 11

18. Cancellation. Licensee acknowledges that Licensor will incur certain costs and/or enter into various commitments related to the Event, and that Licensor will be unable to market the License Area for other uses at the time of the Event. In consideration of the foregoing, Licensee acknowledges that the License Fee shall be fully earned by Licensor and shall be non-refundable to Licensee regardless of whether the Event occurs, unless the Event is cancelled by Licensor.

LICENSOR AND LICENSEE AGREE THAT SUCH AMOUNTS CONSTITUTE A FAIR AND

REASONABLE ESTIMATE OF THE EXPENSES AND DAMAGES THAT WOULD BE SUFFERED OR INCURRED BY LICENSOR IN THE EVENT OF LICENSEE'S CANCELLATION. BY PLACING

HIS, HER OR ITS INITIALS BELOW, LICENSEE ACKNOWLEDGES THAT LICENSEE HAS READ AND APPROVED THE TERMS OF THIS SECTION 19 AND THE CORRESPONDING PROVISIONS OF THE BASIC LICENSE TERMS. THE PARTIES ACKNOWLEDGE THAT THE

RETENTION OF THE LICENSE FEE IS INTENDED TO CONSTITUTE LIQUIDATED DAMAGES TO LICENSOR PURSUANT TO CALIFORNIA CIVIL CODE SECTION 1671 IN THE EVENT THAT LICENSEE CANCELS THE EVENT.

19. Notices. Any notice pursuant to this Agreement shall be given in writing by (a) personal delivery, or (b) reputable overnight delivery service with proof of delivery, or (c) United States Mail, postage prepaid, registered or certified mail, return receipt requested, or (d) legible facsimile transmission sent to the intended addressee at the address set forth below, or to such other address or to the attention of such other person as the addressee shall have designated by written notice sent in accordance herewith, and shall be deemed to have been given either at the time of personal delivery, or, in the case of expedited delivery service or mail, as of the date of first attempted delivery at the address and in the manner provided herein, or, in the case of facsimile transmission, as of the date of the facsimile transmission provided that an original of such facsimile is also sent to the intended addressee by means described in clauses (a), (b) or (c) above. Unless changed in accordance with the preceding sentence, the addresses for notices given pursuant to this Agreement shall be as set forth in the Basic Provisions.

20. Entire Understanding of the Parties. This Agreement embodies the entire understanding of the parties and there are no further or other agreements, written or oral, in effect between the parties, relating to the subject matter hereof. This instrument may be amended or modified only in writing signed by both parties.

21. Governing Law, Entirety of Agreement and Partial Invalidity. This Agreement shall be governed by the laws of the State of California. In the event of any dispute/litigation respecting this Agreement, venue shall only be in Los Angeles, California. If any provision of this Agreement is held by any court to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.

22. Waiver. Waiver by Licensor of any breach of any term, covenant or condition herein contained shall not be deemed a waiver of such term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained.

23. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.

24. No Partnership Interest or Estate. It is understood and agreed that nothing herein contained shall be considered as in any way constituting a partnership or joint venture between Licensor and Licensee.

MONTCLAIR CITY COUNCIL MEETING – 01/17/2023 Page 152 of 185 FORM Montclair Special Events (AF) 5-3-16 Page 7 of 11

25. Labor Disputes. Licensee shall conduct the Event in such a manner as to avoid any labor dispute that causes or is likely to cause stoppage or impairment of work, deliveries or any other services in the Project. If there shall be any stoppage or impairment as the result of any such labor dispute or potential labor dispute, Licensee shall immediately undertake such action as may be necessary to eliminate such dispute or potential dispute, including, without limitation, (a) removing all disputants until such time as the labor dispute no longer exists, (b) seeking a temporary restraining order and other injunctive relief with regard to illegal union activities or a breach of contract between Licensee and its employees, and (c) filing appropriate unfair labor practice charges.

26. Trademarks, Logos, Service Marks. Subject to the prior approval of Licensor, Licensor hereby grants to Licensee the right to use the trade name Montclair Place ("Licensor Name"), in connection with the Event. Licensee hereby acknowledges that the Licensor Name is the sole and exclusive property of 5060 Montclair Plaza Lane Owner, LLC, and that it does not have the right to utilize the Licensor Name except as specified herein or otherwise approved in writing by Licensor. All printed material utilizing the Licensor Name, including, but not limited to, invitations, advertising or promotional literature prepared by Licensee, will bear the following notice and/or such other legal notices as are requested by Licensor for the protection of Licensor’s interest therein: “The name Montclair Place is the property of 5060 Montclair Plaza Lane Owner, LLC. Used by permission." Except as authorized herein, Licensee shall be prohibited from using any trademarks, logos, service marks, etc., connected with the Project and/or tenants, sponsors, or licensees. Licensee shall not maintain any signage in the License Area which conflicts or violates any sponsorship, marketing or similar agreement affecting the Project.

27. Non-Discrimination.
(a) There shall be no discrimination against or segregation of any person or group of persons on account of race, color, religion, creed, national origin, ancestry, sex, sexual preference/orientation, age, disability, medical condition, acquired immune deficiency syndrome (AIDS) – acquired or perceived retaliation for having filed a discrimination complaint, or marital status in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the premises, nor shall the transferee himself or herself, or any person claiming under or through him or her establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the land.
(b) Neither Licensee nor any of its affiliates, employees, contractors, subcontractors, or agents shall unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40) or sex. Licensee and its affiliates, employees, contractors, subcontractors, and agents shall (i) assure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination, (ii) take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to, race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40) or sex (including, but not limited to, during the activities of: upgrading, demotion, or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship), (iii) comply with the provisions of the California Fair Employment and Housing Act (Section 12900 et seq. of the California Government Code) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Division 4, Chapter 1, Section 7285.0 et seq.), but only if and to the extent Licensee and its affiliates, employees, contractors, subcontractors, and agents are required to do so under applicable law, (iv) give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement, (v) MONTCLAIR CITY COUNCIL MEETING – 01/17/2023 Page 153 of 185 FORM Montclair Special Events (AF) 5-3-16 Page 8 of 11
conduct their respective activities in accordance with Title VI of the Civil Rights Act of 1964 and the rules and regulations promulgated thereunder, but only if and to the extent Licensee and its affiliates, employees, contractors, subcontractors, and agents are required to do so under applicable law, and (vi) post in conspicuous places, available to employees and applicants for employment, notices setting forth their respective policies regarding non-discrimination.

28. Confidentiality. It is agreed and understood that Licensee may acknowledge only the existence of the Agreement by and between Licensor and Licensee, and that Licensee may not disclose any of the terms and provisions contained in this Agreement to any other third party.

Licensee acknowledges that any breach by Licensee of the agreement set forth in this Section 30 shall cause Licensor irreparable harm. The terms and provisions of this Section shall survive the termination of the Agreement (whether by lapse of time or otherwise).

29. Relocation/Temporary Unavailability of Space. Licensee acknowledges that Licensor may determine, in its sole and absolute discretion, that it is necessary for Licensor to relocate the Event to different premises within the Project. If Licensor determines such relocation is necessary, Licensor will use reasonable efforts to find comparable replacement facilities within the Project in Licensor’s reasonable judgment and Licensee shall accept such replacement facilities offered by Licensor. If Licensor is able to relocate Licensee to comparable replacement facilities as contemplated herein, Licensee shall be responsible for the applicable License Fee for such facilities; if Licensor is unable to find comparable replacement facilities within the Project, Licensor shall return to Licensee any amount that Licensor has received and Licensor shall have no further obligation or liability to Licensee, including, without limitation, that Licensor shall not be liable for any damages, including consequential and incidental damages, due to such relocation or cancellation.

30. Non-Exclusive. Licensor shall have the right to hold other events in the vicinity of the License Area, regardless of the nature of the use.

31. OFAC Representation and Warranty. Licensee hereby represents and warrants to Licensor that:
(a) Licensee is a U.S. Person (as defined below). Licensee understands that United States regulations and executive orders, including those administered by the U.S.

Treasury Department’s Office of Foreign Assets Control (“OFAC”), prohibit, among other things, engaging in transactions with (including providing services to) certain foreign countries, territories, organizations, entities and individuals. Licensee is not now (and shall not at any time during the term of this Agreement be) an individual, entity of any type, or governmental agency with whom a U.S. Person may not transact business of the type contemplated by this Agreement under any United States law, regulation, order, or list administered by OFAC or otherwise. A “U.S. Person” shall mean any United States citizen, permanent resident alien (i.e., green card holder), entity organized under the laws of the United States or its territories (including foreign branches), or entity having its principal place of business within the United States or any of its territories. (b) Neither Licensee nor any of its affiliates does business with, sponsors, or provides assistance or support to, the government of, or any person located in, any country, or with any other person, targeted by any of the economic sanctions of the United States administered by OFAC; Licensee is not owned or controlled (within the meaning of the regulations promulgating such sanctions or the laws authorizing such promulgation) by any such government or person; and any payments and/or proceeds received by Licensee under the terms of this Agreement will not be used to fund any operations in, finance any investments or activities in or make any payments to, any country, or to make any payments to any person, targeted by any of such sanctions.

MONTCLAIR CITY COUNCIL MEETING – 01/17/2023 Page 154 of 185 FORM Montclair Special Events (AF) 5-3-16 Page 9 of 11
(c) No funds tendered to Licensor by Licensee under the terms of this Agreement are or will be directly or indirectly derived from activities that may contravene U.S. federal, state or international laws and regulations, including anti-money laundering laws. (d) Neither Licensee, nor any person controlling, controlled by, or under common control with, Licensee, nor any person having a beneficial interest in Licensee, nor any person for whom Licensee is acting as agent or nominee, nor any person providing funds to Licensee in connection with this Agreement (i) is under investigation by any governmental authority for, or has been charged with, or convicted of, money laundering, drug trafficking, terrorist related activities, any crimes which in the United States would be predicate crimes to money laundering, or any violation of any Anti-Money Laundering Laws; (ii) has been assessed civil or criminal penalties under any Anti-Money Laundering Laws; (iii) has had any of its funds seized or forfeited in any action under any Anti-Money Laundering Laws; (iv) is a person or entity that resides or has a place of business in a country or territory which is designated as a Non-Cooperative Country or Territory by the Financial Action Task Force on Money Laundering, or whose subscription funds are transferred from or through such a jurisdiction; (v) is a “Foreign Shell Bank” within the meaning of the Patriot Act (i.e., a foreign bank that does not have a physical presence in any country and that is not affiliated with a bank that has a physical presence and an acceptable level of regulation and supervision); (vi) is a person or entity that resides in, or is organized under the laws of, a jurisdiction designated by the Secretary of the Treasury under Section 311 or 312 of the Patriot Act as warranting special measures due to money laundering concerns; (vii) is an entity that is designated by the Secretary of the Treasury as warranting such special measures due to money laundering concerns; or (viii) is a person or entity that otherwise appears on any US.- government provided list of known or suspected terrorists or terrorist organizations. For purposes of this representation, the term “Anti-Money Laundering Laws” shall mean all laws, regulations and executive orders, state and federal, criminal and civil, that (1) limit the use of and/or seek the forfeiture of proceeds from illegal transactions; (2) limit commercial transactions with designated countries or individuals believed to be terrorists, narcotics dealers or otherwise engaged in activities contrary to the interests of the United States; (3) require identification and documentation of the parties with whom a financial institution conducts business; or (4) are designed to disrupt the flow of funds to terrorist organizations.

Such laws, regulations, and sanctions shall include, without limitation, the USA PATRIOT Act of 2001, Pub. L. No. 107-56 (the “Patriot Act”), the Bank Secrecy Act, 31 U.S.C. Section 531 et. seq., the Trading with the Enemy Act, 50 U.S.C. App. Section 1 et. seq., the International Emergency Economic Powers Act, 50 U.S.C. Section 1701 et. seq., the OFAC-administered economic sanctions, and laws relating to prevention and detection of money laundering in 18 U.S.C. Sections 1956 and 1957.
(e) Licensee has reviewed the OFAC website, and conducted such other investigation as it deems necessary or prudent, prior to making these representations and warranties.

MONTCLAIR CITY COUNCIL MEETING – 01/17/2023 Page 155 of 185 FORM Montclair Special Events (AF) 5-3-16 Page 10 of 11 IN WITNESS WHEREOF, the parties hereto have entered into this Agreement on the day and year first above written.

Licensor: 5060 Montclair Plaza Lane, LLC
A Delaware limited liability company
By: CIM Management, Inc.
a California corporation
its property manager
By:

Name: Mary Whelan
Title: Interim General Manager
Licensee: City of Montclair
By:

Name: Javier John Dutrey
Its: Mayor
ATTEST
By:

Name: Andrea M. Myrick
Its: City Clerk

APPROVED AS TO FORM
By:

Name: Diane E. Robbins
Its: City Attorney
MONTCLAIR CITY COUNCIL MEETING – 01/17/2023 Page 156 of 185 FORM Montclair Special Events (AF) 5-3-16 Page 11 of 11

EXHIBIT A
License Area
Upper Level Near The Canyon
Upper Level Perimeter
MONTCLAIR CITY COUNCIL MEETING – 01/17/2023 Page 157 of 185

CITY COUNCIL

AGENDA REPORT
DATE: JANUARY 17, 2023
SECTION: CONSENT - RESOLUTIONS
ITEM NO.: 1
FILE I.D.: COV100/CYC125
DEPT.: CITY MGR.

PREPARER: A. MYRICK
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 23–3395 MAKING FACTUAL FINDINGS IN COMPLIANCE WITH AB 361 FOR THE CONTINUATION OF PUBLIC MEETING

TELECONFERENCING DURING PUBLIC HEALTH EMERGENCIES FOR THE PERIOD OF JANUARY 17, 2023 THROUGH FEBRUARY 16, 2023
REASON FOR CONSIDERATION: The City Council’s adoption of Resolution No. 23–3395 would extend the City’s remote public meeting procedures under AB 361 (2021) for an additional 30 days, expiring February 16, 2023.

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

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

January 17, 2023 Update: Planned End of California’s COVID–19 State of Emergency, Suspension of AB 361 Teleconferencing Requirements, and Implementation of AB 2449 Teleconferencing Requirements
On October 17, 2022, Governor Newsom announced his intention to end the COVID–19 State of Emergency on February 28, 2023. He did, however, sign AB 2449 (2022), which implements alternative requirements for a non–majority number of legislative body members to teleconference without publicly noticing their location and making their location accessible to the public, which will be in effect through January 1, 2026. Those legislative body members who wish to participate remotely can only do so under strict requirements including:
 Just Cause: Childcare needs, a contagious illness, physical or mental disability not otherwise accommodated by the ADA, travel while on official business of the legislative body or another state or local agency
 Emergency Circumstances: A physical or family emergency that prevents a member from attending in person.

MONTCLAIR CITY COUNCIL MEETING – 01/17/2023 Page 158 of 185 When AB 361 is no longer in effect and AB 2449 rules are in place, at least a quorum of the legislative body members must participate in person from a singular physical location situated within the local agency’s jurisdiction, clearly identified on an agenda and open to the public. The legislative body must vote by roll call when a member is participating remotely.

Remote participation of a legislative body member would be contingent on request to and action by the legislative body. A member must request that the legislative body approve remote participation due to emergency circumstances if the request does not allow sufficient time to place the proposed action on the posted agenda for the meeting The member must make a separate request for each meeting in which they seek to participate remotely. The member must publicly disclose at the meeting, before the legislative body takes any action, whether any other individuals 18 years of age or older are present in the room at the remote location with the member and the general nature of the member’s relationship with such individuals.

A member may participate solely through teleconference for no more than three consecutive months or 20 percent of the regular meetings of the legislative body within a calendar year or no more than two meetings if the legislative body meets fewer than ten times per calendar year.

Neither the suspension of AB 361 nor its replacement by AB 2449 preclude the City from continuing to offer the public a remote means to participate in public meetings, which the City has implemented since early in the pandemic.

FISCAL IMPACT: There is no direct fiscal impact on the General Fund related to the City Council’s adoption of Resolution No. 23–3395.

RECOMMENDATION: Staff recommends the City Council adopt Resolution No. 23–3395 making factual findings in compliance with AB 361 for the continuation of teleconferencing during public health emergencies for the period of January 18, 2023 through February 16, 2023.

MONTCLAIR CITY COUNCIL MEETING – 01/17/2023 Page 159 of 185 Resolution No. 23–3395 Page 1 of 3
RESOLUTION NO. 23–3395

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

INCLUDING COMPLIANCE WITH ABBREVIATED TELECONFERENCE

REQUIRMENTS FOR OPEN MEETINGS, AND MAKING FACTUAL FINDINGS REGARDING THE COVID–19 PUBLIC HEALTH EMERGENCY FOR THE
PERIOD OF JANUARY 17, 2023, THROUGH FEBRUARY 16, 2023
WHEREAS, recognizing the continuing public health threat posed by the novel coronavirus, California Governor Gavin Newsom on September 16, 2021 signed Assembly Bill 361 (AB 361), an urgency law establishing procedures for the continuation of teleconferencing during public health emergencies, including the COVID–19 public health emergency; and
WHEREAS, the Montclair City Council, its standing committees, and the Montclair Planning and Community Activities Commissions may continue to meet virtually and remotely through telephonic and internet means (i.e., via teleconference) during a proclaimed state of emergency without having to meet the quorum, posting, physical location access and other requirements of traditional teleconference meetings under the Ralph M. Brown Act—Government Code (GC) sections (§§)54950–54963 (the "Brown Act") open meeting laws until the end of the current state of emergency and during any future state of emergency, up until January 1, 2024; and WHEREAS, to continue meeting virtually, the Montclair City Council is required to make factual findings.

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

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

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

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

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

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

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

MONTCLAIR CITY COUNCIL MEETING – 01/17/2023 Page 160 of 185 Resolution No. 23–3395 Page 2 of 3

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

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

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

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

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

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

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

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

MONTCLAIR CITY COUNCIL MEETING – 01/17/2023 Page 161 of 185 Resolution No. 23–3395 Page 3 of 3
 Untimed public comment period per agenda item: The Montclair City Council, its committees, and the Montclair Planning and Community Activities Commissions provide for a timed, general public comment period.  Timed public comment period per agenda item: The Montclair City Council, its committees, and the Montclair Planning and Community Activities Commissions provide for a timed public comment period per agenda item.

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

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

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

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

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

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

BE IT FURTHER RESOLVED that this Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of February 16, 2023, or such time as the City Council adopts a subsequent resolution in accordance with GC §54953(e)(3) to extend the time during which meetings may continue to be held remotely by teleconference in compliance with that section.

APPROVED AND ADOPTED this XX day of XX, 2023.

Mayor
ATTEST:

City Clerk
I, Andrea M. Myrick, City Clerk of the City of Montclair, DO HEREBY CERTIFY that Resolution No. 23–3395 was duly adopted by the City Council of said city and was approved by the Mayor of said city at a regular meeting of said City Council held on the XX day of XX, 2023, 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 – 01/17/2023 Page 162 of 185

CITY COUNCIL

AGENDA REPORT
DATE: JANUARY 17, 2023
SECTION: CONSENT - RESOLUTIONS
ITEM NO.: 2
FILE I.D.: PER710
DEPT.: ADMIN. SVCS.

PREPARER: A. MYRICK
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 23–3396 AUTHORIZING SALARIES AND

CLASSIFICATION TITLES FOR CITY EMPLOYEES ON A CONSOLIDATED SALARY

SCHEDULE
REASON FOR CONSIDERATION: For the purpose of ongoing transparency, the City Council is requested to annually review and authorize the wage provisions and classification titles for all employees of the City of Montclair.

A copy of proposed Resolution No. 23–3396 is attached for the City Council’s review and consideration.

BACKGROUND: Proposed Resolution No. 23–3396 reflects salary adjustments for all salary increases as described below. The Fiscal Year 2022–2023 salary adjustments for these employees are shown in Schedule “A” of Resolution No. 23–3396.  On December 3, 2018, the City Council approved and adopted Agreement No. 18–95 regarding the negotiated salary increases with the City Manager.  On June 21, 2021, the City Council approved Agreement No. 21–29 regarding the negotiated salary increases with the Montclair Firefighters’ Association (MFFA) through FY 2025–26.
 On September 20, 2021, the City Council approved Agreement No. 21–57 regarding the negotiated salary increases with the Montclair General Employees’ Association (MGEA) through FY 2023–24.
 On December 5, 2022, the Personnel Committee/City Manager approved wage increases for all part–time benefited and selected part–time employees.  On December 19, 2022, the City Council approved:
o Agreement No. 22–114 regarding the negotiated salary increases with the Montclair City Confidential Employees’ Association (MCCEA) through FY 2023–24, o Agreement No. 22–115 regarding the negotiated salary increases with the Montclair Police Officers’ Association (MPOA) through FY 2024–25, o Agreement No. 22–116 regarding the negotiated salary increases with the Management (Nonsafety and Safety) Employees through FY 2023–24, and o Agreement No. 22–117 regarding the negotiated salary increases with the Executive Management Employees through FY 2023–24.

City of Montclair employee salaries are also available for public access online at https://publicpay.ca.gov/ and at https://www.cityofmontclair.org/salary-schedule/.

MONTCLAIR CITY COUNCIL MEETING – 01/17/2023 Page 163 of 185 FISCAL IMPACT: The City Council’s adoption of proposed Resolution No. 23–3396 would create no financial impact to the City General Fund.

RECOMMENDATION: Staff recommends the City Council adopt Resolution No. 23–3396 authorizing the salaries and classification titles for City employees on a consolidated salary schedule.

MONTCLAIR CITY COUNCIL MEETING – 01/17/2023 Page 164 of 185 Resolution No. 23–3396 Page 1 of 2
RESOLUTION NO. 23–3396

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MONTCLAIR AUTHORIZING THE SALARIES AND

CLASSIFICATION TITLES FOR CITY EMPLOYEES ON A

CONSOLIDATED SALARY SCHEDULE
WHEREAS, pursuant to Government Code Section 3500, et seq., City of Montclair representatives met and conferred with the appropriate representatives of each employee association; and
WHEREAS, on December 3, 2018, the City Council approved and adopted Agreement No. 18–95 regarding the increase in salary for the City Manager for the term of four years; and
WHEREAS, on June 21, 2021, the City Council adopted Agreement No. 21–29 regarding the negotiated salary increases with the Montclair Firefighters’ Assocation (MFFA); and
WHEREAS, on September 20, 2021, the City Council adopted Agreement No. 21–57 regarding the negotiated salary increases with Montclair General Employees’ Association (MGEA); and
WHEREAS, on December 5, 2022, the Personnel Committee/City Manager approved wage increases for all part–time benefited employees and selected part–time employees; and
WHEREAS, on December 19, 2022, the City Council adopted Agreement No. 22– 114 regarding the negotiated salary increases with the Montclair City Confidential Employees’ Association (MCCEA); and
WHEREAS, on December 19, 2022, the City Council adopted Agreement No. 22– 115 regarding the negotiated salary increases with the Montclair Police Officers’ Association (MPOA); and
WHEREAS, on December 19, 2022, the City Council adopted Agreement No. 22– 116 regarding the negotiated salary increases with the Management (Nonsafety and Safety) Employees; and
WHEREAS, December 19, 2022, the City Council adopted Agreement No. 22– 117 regarding the negotiated salary increases with the Executive Management Employees; and
WHEREAS, for the purpose of ongoing transparency, the City Council has asked to annually review and authorize the wage provisions and classification titles for all employees of the City of Montclair.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Montclair does hereby find and determine that the salaries and classification titles of the City employees be as listed in Schedule "A" attached to this Resolution.

BE IT FURTHER RESOLVED that such salaries and classification titles shown in Schedule "A" shall remain in effect, and
That the City Clerk shall certify to the passage of this Resolution and the Mayor shall sign the same.

APPROVED AND ADOPTED this XX day of XX, 2023.

Mayor
ATTEST:

City Clerk
MONTCLAIR CITY COUNCIL MEETING – 01/17/2023 Page 165 of 185 Resolution No. 23–3396 Page 2 of 2
I, Andrea M. Myrick, City Clerk of the City of Montclair, DO HEREBY CERTIFY that Resolution No. 23–3396 was duly adopted by the City Council of said city and was approved by the Mayor of said city at a regular meeting of said City Council held on the XX day of XX, 2023, 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 – 01/17/2023 Page 166 of 185 City of Montclair
Consolidated Salary
Schedule “A”
2023
MONTCLAIR CITY COUNCIL MEETING – 01/17/2023 Page 167 of 185

CITY OF MONTCLAIR

CONSOLIDATED SALARY
SCHEDULE “A”
Adopted Pursuant to Resolution No. 23-3396
MONTCLAIR CITY COUNCIL MEETING – 01/17/2023 Page 168 of 185

CITY OF MONTCLAIR SALARY SCHEDULE

ALPHA RANGE LISTING
Classification A B C D E

PART-TIME/HOURLY
Accounting Specialist 23.25 24.42 25.64 26.92 28.26
Administrative Aide 26.47 27.80 29.19 30.64 32.18
Administrative Secretary (Relief) 23.49 24.66 25.90 27.19 28.55 Administrative Technician (PTB) 23.49 24.66 25.90 27.19 28.55 City Attorney 6400 -- -- -- --
Code Enforcement Officer (Relief) 28.43 29.85 31.34 32.91 34.56 Community Building Supervisor 15.50 16.28 17.09 17.94 18.84 Community Development Consultant -- -- -- -- 93.21
Council Member 742 1150 -- -- --
Custodial Technician (PTB) 19.48 20.46 21.48 22.56 23.68 Custodian 19.48 20.46 21.48 22.56 23.68
Customer Service Representative/Office Specialist 20.01 21.02 22.07 23.17 24.33 Data Entry Clerk 16.46 17.28 18.14 19.05 20.00
Economic Development Consultant -- -- -- 62.93 66.10
Engineering Aide (PTB) 15.81 16.60 17.43 18.30 19.22
Equipment Maintenance Technician (PTB) 23.74 24.93 26.18 27.48 28.86 Facility Coordinator 15.50 16.28 17.09 17.94 18.84
Fire Technician 16.06 16.86 17.70 18.59 19.52
Graffiti Abatement Aide 15.50 -- -- -- --
Graffiti Abatement Worker 20.96 22.01 23.11 24.27 25.48 Health Education Intern 16.35 17.17 18.03 18.93 19.88
Health Education Specialist [Grant] 19.98 -- -- -- --
Human Services Technician (PTB) 20.54 21.58 22.66 23.79 24.98 Information Technology Systems Analyst 42.66 44.79 47.03 49.38 51.85 Information Technology Systems Technician (PTB) 27.86 29.26 30.72 32.25 33.87 Instructor 15.50 16.28 17.09 17.94 18.84
Interim Deputy Fire Chief -- -- -- -- 75.39
Junior Intern 15.50 16.28 17.09 17.94 18.84
Kitchen Assistant 15.50 16.28 17.09 17.94 18.84
Lead Mechanic 21.38 22.45 23.57 24.75 25.99
Leadworker, Maintenance 24.18 25.39 26.66 27.99 29.39
Learning Leader [Grant] 19.00 19.94 20.94 21.99 23.09
Maintenance Technician (PTB) 20.96 22.01 23.11 24.27 25.48 Maintenance Worker 20.96 22.01 23.11 24.27 25.48
Mayor 1042 1650 -- -- --
Mechanic Aide 18.68 19.61 20.59 21.62 22.71
Medical Clinic Coordinator 25.00 26.00 27.00 -- --
Medical Clinic Specialist 21.61 22.69 23.83 25.02 26.27 Mini-School Coordinator 15.96 16.76 17.60 18.48 19.40
NPDES/Environmental Compliance Technician (PTB) 26.97 28.32 29.74 31.22 32.79 Nutrition Site Manager 15.50 16.28 17.09 17.94 18.84
Office Specialist 19.82 20.82 21.86 22.95 24.10
Office Technician (PTB) 19.82 20.82 21.86 22.95 24.10
Park Leader 15.50 16.28 17.09 17.94 18.84
Park Maintenance Specialist 19.38 20.35 21.36 22.44 23.56 Personnel Services Technician (PTB) 27.72 29.10 30.55 32.08 33.69 Planning Commissioner 250 -- -- -- --
Police Background Investigator 29.36 30.83 32.37 33.99 35.69 Police Cadet 16.06 16.86 17.70 18.59 19.52
Police Dispatcher (Relief) 26.69 -- -- -- --
Police Services Specialist (Relief) 20.54 21.57 22.65 23.78 24.97 Program Aide 15.75 16.54 17.37 18.24 19.15
Property Custody Technician (PTB) 19.56 20.54 21.57 22.65 23.78 Public Works Consultant -- -- -- -- 74.09
Revised: 1/4/2023

Classification A B C D E

PART-TIME/HOURLY
Public Works Director/City Engineer 77.15 81.01 85.06 89.31 93.77 Receptionist/Office Specialist 19.37 20.33 21.35 22.42 23.54 Receptionist/Office Technician (PTB) 19.37 20.33 21.35 22.42 23.54 Recreation Intern 16.35 17.17 18.03 18.93 19.88
Recreation Leader 15.50 16.28 17.09 17.94 18.84
Recreation Specialist 15.65 16.43 17.25 18.11 19.02
Reserve Code Enforcement Officer 300 -- -- -- --
Reserve Police Captain 600 -- -- -- --
Reserve Police Lieutenant 125 -- -- -- --
Reserve Police Officer 300
Reserve Police Sergeant 400
Senior Intern 16.26 17.07 17.92 18.82 19.76
Senior Leadworker 29.15 30.61 32.13 33.74 35.43
Senior Learning Leader 23.69 24.87 26.11 27.42 28.79
Senior Police Cadet 18.09 19.00 19.95 20.94 21.99
Senior Recreation Leader 16.94 17.79 18.68 19.61 20.59
Senior Recreation Specialist 17.65 18.53 19.46 20.43 21.45 Sewer Maintenance Specialist 19.38 20.35 21.36 22.44 23.56 Sports Coordinator 17.78 18.67 19.60 20.58 21.61
Street Maintenance Specialist 19.38 20.35 21.36 22.44 23.56 Substitute Learning Leader 18.50 19.42 20.39 21.41 22.48 Systems Specialist (PTB) 20.27 21.28 22.35 23.47 24.64
Technical Services Specialist 29.36 30.83 32.37 33.99 35.69 Transportation Coordinator 17.78 18.67 19.60 20.58 21.61 Volunteer Services Coordinator (Modified Duty) 30.54 32.07 33.67 35.35 37.12

FULL-TIME
Accountant 4731 4968 5216 5477 5751
Accounting Specialist 4030 4232 4444 4666 4899
Administrative Aide 4588 4818 5059 5311 5577
Administrative Analyst 5568 5846 6139 6446 6768
Administrative Secretary 4072 4275 4489 4713 4949
Administrative Services Coordinator 4804 5044 5296 5561 5839 Administrative Specialist 4072 4275 4489 4713 4949
Assistant City Manager/Human Services Director 13341 14008 14708 15444 16216 Assistant to the City Manager & Economic Dev Agency Dir 7677 8060 8464 8887 9331 Assistant Code Enforcement Manager 7394 7763 8151 8559 8987 Assistant Director of Housing/Planning Manager 8946 9393 9863 10356 10874 Assistant Director of Human Services 6307 6622 6953 7301 7666 Assistant Director of Human Services/Grants Manager 9798 10288 10803 11343 11910 Assistant Engineer 6980 7329 7695 8080 8484
Assistant Planner 5140 5397 5667 5950 6248
Assistant Public Works Manager 6356 6674 7008 7358 7726 Assistant Senior Learning Coordinator 3775 3963 4161 4370 4588 Associate Engineer 7272 7635 8017 8418 8839
Associate Planner 5956 6253 6566 6894 7239
Benefits Coordinator 5356 5624 5905 6200 6510
Benefits Specialist 4507 4732 4969 5217 5478
Building Inspector 5153 5410 5681 5965 6263
Building Maintenance Supervisor 6674 7007 7358 7726 8112 Building Maintenance Technician 4140 4347 4564 4792 5032 Building Official/Code Enforcement Manager 8946 9393 9863 10356 10874 City Clerk 7763 8151 8559 8987 9436
City Manager -- -- 19506 20481 21505
City Planner/Planning Manager 8946 9393 9863 10356 10874 Code Enforcement Officer 4928 5174 5433 5705 5990
Code Enforcement Supervisor 6101 6406 6727 7063 7416
Community Compliance Specialist 4928 5174 5433 5705 5990 Community Health Education Coordinator [Grant] 4638 4870 5114 5370 5638 Community Services Supervisor 4991 5241 5503 5778 6067
Revised: 1/4/2023
-- -- -- --
-- -- -- --

Classification A B C D E

FULL-TIME
Custodian 3377 3546 3723 3910 4105
Customer Service Representative/Office Specialist 3469 3643 3825 4016 4217 Deputy City Clerk 5568 5846 6139 6446 6768
Deputy City Mgr/Exec Dir of Econ and Community Dev 14514 15240 16002 16802 17642 Deputy Dir. of Community & Economic Development 10289 10803 11343 11910 12506 Deputy Fire Chief 11740 12327 12943 13590 14270
Deputy Fire Marshal 6749 7086 7440 7812 8203
Diagnostic Specialist 4555 4783 5022 5273 5537
Director of Admin. Svcs. And Human Resources 12735 13371 14040 14742 15479 Director of Community Development 12735 13371 14040 14742 15479 Director of Montclair Economic Development Agency 12735 13371 14040 14742 15479 Director of Finance 12735 13371 14040 14742 15479
Director of Human Services 12735 13371 14040 14742 15479 Director of Information Technology 12735 13371 14040 14742 15479 Director of Public Works/City Engineer 13372 14041 14743 15480 16254 Econ. Dev. Coord./Housing Associate 6239 6550 6878 7222 7583 Economic Promotions Coordinator 5356 5624 5905 6200 6510 Economic Services & Housing Manager 8156 8564 8992 9442 9914 Employment & Personnel Coordinator 5101 5356 5624 5905 6200 Engineering Division Manager 8946 9393 9863 10356 10874 Environmental Compliance Coordinator 5086 5340 5607 5888 6182 Environmental Control Specialist 4731 4967 5215 5476 5750 Equipment Maintenance Manager 6915 7261 7624 8005 8405
Equipment Maintenance Supervisor 6286 6601 6931 7277 7641 Equipment Mechanic 4115 4321 4537 4764 5002
Executive Director Office of Public Safety 16012 16813 17654 18536 19463 Facilities Specialist 5052 5305 5570 5849 6141
Finance Manager 8946 9393 9863 10356 10874
Finance Supervisor 7450 7823 8214 8625 9056
Fire Battalion Chief 9704 10189 10698 11233 11795
Fire Captain 8281 8695 9130 9587 10066
Fire Engineer 6796 7135 7492 7867 8260
Firefighter (Paramedic) 6534 6861 7204 7564 7942
GIS Specialist 5573 5852 6144 6451 6774
Graffitti Abatement Worker 3633 3815 4005 4206 4416
Health Education Specialist [Grant] 3464 3638 3820 4010 4211 Housing Associate 5399 5669 5952 6250 6562
Housing Specialist 4072 4275 4489 4713 4949
Human Services Specialist 3561 3740 3927 4123 4329
Information Relations Officer 5356 5624 5905 6200 6510
Information Technology Analyst 7394 7763 8151 8559 8987 Information Technology Manager 8946 9393 9863 10356 10874 Information Technology Specialist 5573 5852 6144 6451 6774 Irrigation Specialist 4192 4401 4621 4852 5095
Junior Accountant 4507 4732 4969 5217 5478
Leadworker, Facilities 4192 4401 4621 4852 5095
Leadworker, Maintenance 4192 4401 4621 4852 5095
Marketing and Promotions Coordinator 5356 5624 5905 6200 6510 Maintenance Worker 3633 3815 4005 4206 4416
Medical Clinic Specialist 3746 3933 4130 4336 4553
Montclair After-School Program Supervisor 5424 5695 5980 6279 6593 Montclair After-School Program Coordinator 4421 4642 4874 5118 5374 Motor Sweeper Operator 3943 4140 4347 4565 4793
National Pollutant Discharge Elimination Sys. (NPDES) Coord. 5340 5607 5888 6182 6491 NPDES/Environmental Compliance Inspector 4675 4909 5155 5412 5683 Office Specialist 3436 3608 3789 3978 4177
Payroll Analyst 5477 5751 6038 6340 6657
Personnel Services Coordinator 4804 5044 5296 5561 5839 Revised: 1/4/2023

Classification A B C D E

FULL-TIME
Plans Examiner 6286 6601 6931 7277 7641
Police Captain 12893 13538 14215 14926 15672
Police Chief 16012 16813 17654 18536 19463
Police Dispatch Supervisor 6694 7029 7381 7750 8137
Police Dispatcher 4626 -- -- -- --
Police Lieutenant 11274 11837 12429 13050 13703
Police Officer 6878 7222 7583 7962 8360
Police Officer Trainee 6081 -- -- --
Police Sergeant 9143 9600 10080 10584 11113
Police Services Specialist 3561 3739 3926 4122 4328
Police Services Supervisor 5793 6083 6387 6707 7042
Project Manager 5841 6133 6440 6762 7100
Property Custody Clerk 3391 3561 3739 3926 4122
Public Safety Admin. Svcs. Supervisor 8482 8906 9351 9819 10310 Public Works Facilities/Maintenance Assistant Manager 7400 7769 8158 8566 8994 Public Works Inspector 5052 5305 5570 5849 6141
Public Works Manager 8946 9393 9863 10356 10874
Public Works Operations Assistant Manager 7400 7769 8158 8566 8994 Recreation Coordinator 3775 3963 4161 4370 4588
Receptionist/Office Specialist 3357 3524 3701 3886 4080 Recreation Manager 6356 6674 7008 7358 7726
Recreation Supervisor 4356 4574 4803 5043 5295
Secretary 3620 3801 3991 4190 4400
Senior Accountant 5751 6038 6340 6657 6990
Senior Building Inspector 5987 6286 6600 6930 7277
Senior Citizens Supervisor 4356 4574 4803 5043 5295
Senior Code Enforcement Officer 5424 5695 5980 6279 6593 Senior Human Services Supervisor 5140 5397 5667 5950 6248 Senior Information Technology Specialist 6251 6563 6892 7236 7598 Senior Leadworker 5052 5305 5570 5849 6141
Senior Learning Coordinator 4356 4574 4803 5043 5295
Senior Management Analyst 7394 7763 8151 8559 8987
Senior Public Works Inspector 6356 6674 7008 7358 7726
Senior Planner 7123 7479 7853 8246 8658
Senior Police Dispatcher 4991 5241 5503 5778 6067
Senior Recreation Supervisor 5140 5397 5667 5950 6248
Revised: 1/4/2023

Personnel Committee Minutes – December 19, 2022 Page 1 of 1

MINUTES OF THE MEETING OF THE MONTCLAIR

PERSONNEL COMMITTEE HELD ON MONDAY,
DECEMBER 19, 2022, AT 6:06 P.M. IN THE CITY
ADMINISTRATIVE OFFICES, 5111 BENITO STREET,

MONTCLAIR, CALIFORNIA
I. CALL TO ORDER
Mayor Pro Tem Johnson called the meeting to order at 6:06 p.m.

II. ROLL CALL

Present: Mayor Pro Tem Johnson; Council Member Ruh, 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 December 5, 2022.

Moved by Council Member Ruh, seconded by Mayor Pro Tem
Johnson, and carried unanimously to approve the minutes of the Personnel Committee meeting on December 5, 2022.

IV. PUBLIC COMMENT – None
V. CLOSED SESSION
At 6:07 p.m., the Personnel Committee went into Closed Session regarding personnel matters related to appointments, resignations/ terminations, and evaluations of employee performance.

At 6:15 p.m., the Personnel Committee returned from Closed Session.

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

VI. ADJOURNMENT
At 6:15 p.m., Mayor Pro Tem Johnson adjourned the Personnel Committee.

Submitted for Personnel Committee approval,
Edward C. Starr
City Manager
MONTCLAIR CITY COUNCIL MEETING – 01/17/2023 Page 173 of 185

PENDING

APPROVAL
Special City Council Meeting Minutes – December 15, 2022 Page 1 of 2

MINUTES OF THE SPECIAL MEETING OF THE MONTCLAIR
CITY COUNCIL HELD ON THURSDAY, DECEMBER 15, 2022,
AT 6:00 P.M. IN THE CITY COUNCIL CHAMBERS, 5111 BENITO

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

II. INVOCATION
Montclair Police Department Chaplain Vicki Brobeck gave the invocation.

III. PLEDGE OF ALLEGIANCE
Montclair High School Junior ROTC presented the American, California, and City of Montclair flags.

Community Activities Commissioner Arturo Padilla led meeting participants in the Pledge of Allegiance.

IV. NATIONAL ANTHEM
Alicia Volinski sang the National Anthem.

V. ROLL CALL

Present: Mayor Dutrey; Mayor Pro Tem Ruh; Council Members Johnson, Martinez, and Lopez
City Manager Starr; Assistant City Manager/Director of Human Services Richter; Finance Manager Kulbeck; Public Works Director/City Engineer Heredia; Community Development
Director Diaz; Executive Director of Public Safety/Police Chief Avels; City Attorney Robbins; City Clerk Myrick
VI. BUSINESS ITEMS
A. Consider Adoption of Resolution No. 22–3383 Reciting the Fact of the General Municipal Election Held on Tuesday, November 8, 2022, Declaring the Results and Other Such Matters as Provided by Law
ACTION – Business Items – Item A
ACTING: City Council
MOTION: Adopt Resolution No. 22–3383
MADE BY:

SECOND BY:

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

VII. SWEARING–IN OF RE–ELECTED MAYOR
Mayor Dutrey was ceremonially sworn in by his wife, Anne Dutrey. City Clerk Myrick presented Mayor Dutrey with a Certificate of Election.

VIII. SWEARING–IN OF RE–ELECTED MEMBERS OF THE CITY COUNCIL Council Member Martinez was ceremonially sworn in by Carolyn Raft, former Montclair City Council Member. City Clerk Myrick presented Council Member Martinez with a Certificate of Election.

Mayor Pro Tem Ruh was ceremonially sworn in by Assembly Member Freddie Rodriguez. City Clerk Myrick presented Mayor Pro Tem Ruh with a Certificate of Election.

Mayor Dutrey, Mayor Pro Tem Ruh, and Council Member Martinez congratulated one another and commented on their past accomplishments on the City Council and future priorities for their upcoming terms.

Congratulatory sentiments were shared by Council Members Johnson and Lopez for Mayor Dutrey, Mayor Pro Tem Ruh, and Council Member Martinez.

MONTCLAIR CITY COUNCIL MEETING – 01/17/2023 Page 174 of 185

PENDING

APPROVAL
Special City Council Meeting Minutes – December 15, 2022 Page 2 of 2 IX. SELECTION OF MAYOR PRO TEM
ACTION – Selection of Mayor Pro Tem
ACTING: City Council
MOTION: Council Member Johnson was nominated to serve as Mayor Pro Tem for a term of two years.

MADE BY:

SECOND BY:

Mayor Dutrey
Council Member Lopez
AYES:

NOES:

ABSTAIN:

ABSENT:

Lopez, Martinez, Johnson, Ruh, Dutrey
None
None
None
RESULT: Motion carried 5–0.

X. ADJOURNMENT
At 6:35 p.m., Mayor Dutrey adjourned the City Council.

Submitted for City Council approval,

Andrea M. Myrick
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 01/17/2023 Page 175 of 185

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – December 19, 2022 Page 1 of 10

MINUTES OF THE REGULAR JOINT MEETING OF THE MONTCLAIR

CITY COUNCIL, SUCCESSOR AGENCY AND MONTCLAIR HOUSING

CORPORATION BOARDS, MONTCLAIR HOUSING AUTHORITY

COMMISSION, AND MONTCLAIR COMMUNITY FOUNDATION
BOARD HELD ON MONDAY, DECEMBER 19, 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 Vicki Brobeck, Montclair Police Department Chaplain, gave the invocation.

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

IV. ROLL CALL

Present: Mayor/Chair Dutrey; Mayor Pro Tem/Vice Chair Johnson; Council Members/Directors Ruh, Martinez, and Lopez
City Manager/Executive Director Starr; Assistant City Manager/ Director of Human Services Richter; Director of Finance Kulbeck; Executive Director of Public Safety/Police Chief Avels; Director of Information Technology Nguyen; City Attorney Robbins

Absent: City Clerk Myrick
V. PRESENTATIONS
A. Community Activities Commission (CAC) Presentation of 2022 Holiday Home Decoration Contest Winners
Community Activities Commissioner Rangel announced the winners of the City of Montclair’s 24th Annual Holiday Home Decoration Contest. Of the 19 nominations received, the CAC selected three winners, as follows:
 Welcome to Snowman Land Award: The Burkholder Family, 10169 Camulos Ave.
 Once Upon a Christmas Time Award: The Bui Family, 10990 Kimberly Ave.
 Journey to the North Pole Award: The Mohsin Family, 10049 Marion Ave.

Mayor Dutrey and the City Council presented the winning families with Award Certificates and gift cards to Montclair restaurants.

B. California Department of Insurance Presentation
Andrea Valdes, Outreach Analyst for the Community Relations & Outreach branch of the California Department of Insurance, provided an informational presentation about the Department and the California Low Cost Auto Insurance Program.

VI. PUBLIC COMMENT — None
VII. PUBLIC HEARINGS
A. Second Reading — Consider Ordinance No. 22–1002 Amending Specific Chapters of Title 10 of the Montclair Municipal Code Related to the Adoption of Building Codes to Regulate
Construction in the City Of Montclair and Establishing January 18, 2023 as the Effective Date of the Codes
Mayor Dutrey opened the public hearing.

MONTCLAIR CITY COUNCIL MEETING – 01/17/2023 Page 176 of 185

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – December 19, 2022 Page 2 of 10 Director of Community Development Diaz stated no written comments were received in relation to this item, and no members of the public requested to speak on the item.

Mayor Dutrey closed the public hearing and the City Council discussed the matter.

Council Members Ruh and Lopez expressed opposition to the state’s mandate to require all electric appliance hook–ups in new buildings by 2030.

ACTION – Public Hearings – Item A
ACTING: City Council
MOTION: Conduct the second reading of Ordinance No. 22–1002 by number and title only, waive further reading, and
adopt Ordinance No. 22–1002.

MADE BY:

SECOND BY:

Council Member Ruh
Council Member Lopez
AYES:

NOES:

ABSTAIN:

ABSENT:

Lopez, Martinez, Ruh, Johnson, Dutrey
None
None
None
RESULT: Motion carried 5–0.

B. Consider Adoption of Resolution No. 22–3388 Adopting Environmental Findings Pursuant to the California Environmental Quality Act; Certifying the Mission Boulevard and Ramona Avenue Business Park Project Final Environmental Impact Report (EIR) (SCH#2021010005); Adopting a Statement of Overriding Considerations; Adopting a Mitigation Monitoring Program; and Approving the Project Under Planning Case No. 2021–07
Consider Adoption of Resolution No. 22–3389 Modifying the General Plan Land Use Designation of 27.74 Acres at the Northwest Corner of Mission Boulevard and Ramona Avenue, from “General Commercial” (Entire Site) to “M1 Limited
Manufacturing” (North Side of Third Street Extension) and “Industrial Park” (South Side of Third Street Extension) (Planning Case No. 2021–07), Contingent on the City Council Certifying the EIR for the Mission and Ramona Business Park Project
First Reading — Consider Ordinance No. 23–1003 Modifying the Zoning Designation of 27.74 Acres of Land at the Northwest Corner of Mission Boulevard and Ramona Avenue from “C3 – General Commercial,” “MIP – Manufacturing Industrial,” and “M1 – Limited Manufacturing,” to “M1 – Manufacturing Industrial” (North Side of Third Street Extension) and “MIP – Manufacturing Industrial” (South Side of Third Street Extension) (Planning Case No. 2021–07), Contingent on the City Council Certifying the EIR for the Mission and Ramona Business Park Project
Consider Setting a Public Hearing for Second Reading and to Consider Adoption of Ordinance No. 23–1003 on Tuesday,
January 17, 2023, at 7:00 p.m. in the City Council Chambers Consider Adoption of Resolution No. 22–3390 Approving
Tentative Tract Map No. 20381 and a Precise Plan of Design for the Site Plan, Floor Plans, Elevations, Colors, Materials, Conceptual Sign Program, and Conceptual Landscape Plan for an Eight–Building Industrial Park Development on 27.74 Acres of Land at the Northwest Corner of Mission Boulevard and Ramona Avenue (Planning Case No. 2021–07) Contingent on the City Council Certifying the EIR for the Mission and Ramona Business Park Project
Mayor Dutrey opened the public hearing.

MONTCLAIR CITY COUNCIL MEETING – 01/17/2023 Page 177 of 185

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – December 19, 2022 Page 3 of 10 Frankie Jimenez, representing Ironworkers Local 416, spoke in support of the project and the developer’s commitment to hire skilled labor within the local community.

David Hansen, representing UA Local 390 Plumbers &
Steamfitters, spoke in support of the project as its construction would be a benefit to the union’s members.

Jason Baez, representing Laborers’ International Union of North America, expressed support for the project, which will provide job opportunities for trade union members during construction and for the wider community after.

Mayor Dutrey closed the public hearing and the City Council discussed the matter.

Mayor Pro Tem Johnson received clarification about the addition of an art component and environmental impact mitigations for the project.

Council Member Ruh spoke in support of the project for its creation of local jobs.

Council Member Lopez received clarification about the following:
 The electric charging stations are for use by the tenants.  The developer has entered private contracts to hire locally.  Several measures have been taken including language in the Conditions of Approval, CC&Rs, and owners’ association
agreements, to ensure the property continues to be
maintained and secured.
 While the developer had expressed a desire for proceeds of the Community Benefit Fee to fund community programs, the City Council maintains control of those funds and will be directing their use at a separate meeting.

Council Member Martinez received clarification on road impacts from trucks servicing the property.

Mayor Dutrey received clarification about the property’s suitability for other uses and discussed the City’s plans to improve public streets surrounding the project.

ACTION – Public Hearings – Item B
ACTING: City Council
MOTION: Adopt Resolution No. 22–3388; adopt Resolution No. 22–3389; conduct the first reading of Ordinance No.
23–1003 by number and title only, waive further
reading, and set a public hearing for the second
reading and adoption of Ordinance No. 23–1003 on
Tuesday, January 17, 2023 at 7:00 p.m. in the City
Council Chambers; and adopt Resolution No. 22–3390,
as amended.

MADE BY:

SECOND BY:

Council Member Ruh
Mayor Pro Tem Johnson
AYES:

NOES:

ABSTAIN:

ABSENT:

Lopez, Martinez, Ruh, Johnson, Dutrey
None
None
None
RESULT: Motion carried 5–0.

MONTCLAIR CITY COUNCIL MEETING – 01/17/2023 Page 178 of 185

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – December 19, 2022 Page 4 of 10 VIII. CONSENT CALENDAR
ACTION – Consent Calendar
ACTING: City Council
Successor Agency Board
Montclair Housing Corporation Board
Montclair Housing Authority Commissioners
Montclair Community Foundation Board
MOTION: Approve the Consent Calendar as presented.

MADE BY:

SECOND BY:

Council Member/Director Ruh
Mayor Pro Tem/Vice Chair Johnson
AYES:

NOES:

ABSTAIN:

ABSENT:

Lopez, Martinez, Ruh, Johnson, Dutrey
None
None
None
RESULT: Motion carried 5–0.

A. Approval of Minutes

1. Regular Joint Meeting — December 5, 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 Calendar; motion carried 5–0.

B. Administrative Reports

1. Consider Receiving and Filing City Treasurer's Report – November 2022
ACTION – Consent Calendar – Item B–1
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

2. Consider Approval of City Warrant Register and Payroll Documentation
ACTION – Consent Calendar – Item B–2
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

3. Consider Receiving and Filing SA Treasurer’s Report – November 2022
ACTION – Consent Calendar – Item B–3
ACTING: Successor Agency Board
RESULT: Approved on Consent Calendar; motion carried 5–0.

MONTCLAIR CITY COUNCIL MEETING – 01/17/2023 Page 179 of 185

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – December 19, 2022 Page 5 of 10

4. Consider Approval of SA Warrant Register – November 2022 ACTION – Consent Calendar – Item B–4
ACTING: Successor Agency Board
RESULT: Approved on Consent Calendar; motion carried 5–0.

5. Consider Receiving and Filing MHC Treasurer's Report – November 2022
ACTION – Consent Calendar – Item B–5
ACTING: Montclair Housing Corporation Board
RESULT: Approved on Consent Calendar; motion carried 5–0.

6. Consider Approval of MHC Warrant Register – November 2022
ACTION – Consent Calendar – Item B–6
ACTING: Montclair Housing Corporation Board
RESULT: Approved on Consent Calendar; motion carried 5–0.

7. Consider Receiving and Filing of MHA Treasurer's Report – November 2022
ACTION – Consent Calendar – Item B–7
ACTING: Montclair Housing Authority Commissioners
RESULT: Approved on Consent Calendar; motion carried 5–0.

8. Consider Approval of MHA Warrant Register – November 2022
ACTION – Consent Calendar – Item B–8
ACTING: Montclair Housing Authority Commissioners
RESULT: Approved on Consent Calendar; motion carried 5–0.

9. Consider Authorizing a $2,316.25 Appropriation from the Federal Asset Forfeiture Fund to Purchase a 360–Camera
System from Lenco Armored Vehicles for the Lenco Bearcat G3 Tactical Armored Vehicle
ACTION – Consent Calendar – Item B–9
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

10. Consider Authorizing Staff to Advertise for Bid Proposals for the Flashing Stop Sign Replacement Program
ACTION – Consent Calendar – Item B–10
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

MONTCLAIR CITY COUNCIL MEETING – 01/17/2023 Page 180 of 185

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – December 19, 2022 Page 6 of 10 C. Agreements

1. Consider Amending the 2019–2024 Capital Improvement
Program to Include the Monte Vista Avenue Street Widening, Street Rehabilitation, and Sewer Improvement Project from Holt Boulevard to Palo Verde Street
Consider Approval of Agreement No. 22–35 with HR Green
Pacific, Inc. for Preparation of Plans and Specifications for the Construction of Street Widening, Street Rehabilitation, and Sewer Improvements on Monte Vista Avenue from Holt
Boulevard to Palo Verde Street for the Project, Subject to Any Revisions Deemed Necessary by the City Attorney
Consider Approval of Agreement No. 22–51 with Aga
Engineers, Inc. for the Preparation of Plans and Specifications for the Construction of Traffic Signal Upgrades and Traffic Signal Interconnect and Broadband Fiber Optic
Improvements for the Project, Subject to Any Revisions
Deemed Necessary by the City Attorney
Consider Authorizing an $880,000 Appropriation from 2021 Lease Revenue Bond Proceeds and $20,000 from the Sewer
Fund for Costs Related to Agreement No. 22–35 and
Agreement No. 22–51
Consider Authorizing an $82,720.85 Design Services
Contingency for the Project
ACTION – Consent Calendar – Item C–1
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

2. Consider Approval of Agreement No. 22–110–I–110, an
Irrevocable Annexation Agreement with Jason Duc Thinh
Nguyen for the Property Located at 11226 College Avenue, Pomona, CA 91766 (APN 1012–391–03–0000), Subject to Any Revisions Deemed Necessary by the City Attorney
ACTION – Consent Calendar – Item C–2
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

3. Consider Approval of Agreement No. 22–114, a Memorandum of Understanding with the Montclair City Confidential
Employees’ Association for the Period of July 1, 2022, to June 30, 2024
Consider Approval of Agreement No. 22–115, a Memorandum of Understanding with the Montclair Police Officers’
Association for the Period of July 1, 2021, to June 30, 2025 Consider Approval of Agreement No. 22–116, the Labor
Agreement for Management (Nonsafety and Safety)
Employees Regarding the Terms and Conditions of
Employment for the Period of July 1, 2022, to June 30, 2023 Consider Approval of Agreement No. 22–117, the Labor
Agreement for Executive Management Employees Regarding
the Terms and Conditions of Employment for the Period of July 1, 2022, to June 30, 2023
Consider Approving the Transfer of the Appropriate
Additional Compensation from the Personnel Adjustment
Reserve Fund to the General Operating Fund
MONTCLAIR CITY COUNCIL MEETING – 01/17/2023 Page 181 of 185

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – December 19, 2022 Page 7 of 10 ACTION – Consent Calendar – Item C–3
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

4. Consider Approval of Agreement No. 22–118 Amending
Agreement No. 21–68 with Securitas Security Services USA, Inc. for Security Guard Services at the Montclair Transcenter ACTION – Consent Calendar – Item C–4
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

5. Consider Approval of Agreement No. 22–119 with Theresa St.

Peter for Professional Human Resources Consulting Services, Subject to Any Revisions Deemed Necessary by the City
Attorney
ACTION – Consent Calendar – Item C–5
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

6. Consider Amending the 2019–2024 Capital Improvement
Program to Add the Alleyway Improvements Project
Consider Authorizing a $117,050 Appropriation from 2021 Lease Revenue Bond Proceeds for Costs Related to the
Alleyway Improvements Project
Consider Approving Agreement No. 22–120 with L.D. King, Inc. for Professional Design Services for the Alleyway
Improvements Project, Subject to Any Revisions Deemed
Necessary by the City Attorney
ACTION – Consent Calendar – Item C–6
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

D. Resolutions

1. Consider Adoption of Resolution No. 22–3391 Making Factual Findings in Compliance with AB 361 for the Continuation of Public Meeting Teleconferencing During Public Health
Emergencies for the Period of December 19, 2022, through January 18, 2023
ACTION – Consent Calendar – Item D–1
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

2. Consider Adoption of Resolution No. 22–3393 Amending the Fee Schedule for the Collection and Disposal of Residential and Commercial Refuse
Consider Approval of Agreement No. 22–121 Amending
Agreement No. 18–26 with Burrtec Waste Industries, Inc., for Solid Waste Management Services, Subject to Any Revisions Deemed Necessary by the City Attorney
MONTCLAIR CITY COUNCIL MEETING – 01/17/2023 Page 182 of 185

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – December 19, 2022 Page 8 of 10 Council Member Lopez and Mayor Dutrey received clarification on the fee increases, existing administrative fees, and potential future increases in 12 to 18 months. Council Member Ruh asked for clarification on the senior discount.

ACTION – Consent Calendar – Item D–2
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

IX. PULLED CONSENT CALENDAR ITEMS — None
X. BUSINESS ITEMS
A. Consider Adoption of Resolution No. 22–3392 Making Certain Findings for an Exception to the 180–Day Wait Period Pursuant to Government Code Sections 7522.56 and 21224 with
Authorization to Hire Leslie Phillips as a Retired Annuitant into the Temporary Part–Time Position of Benefits Coordinator ACTION – Business Items – Item A
ACTING: City Council
MOTION: Adopt Resolution No. 22–3392 subject to any changes as requested by CalPERS and as approved by the City
Attorney.

MADE BY:

SECOND BY:

Council Member Lopez
Council Member Ruh
AYES:

NOES:

ABSTAIN:

ABSENT:

Lopez, Martinez, Ruh, Johnson, Dutrey
None
None
None
RESULT: Motion carried 5–0.

B. Consider Adoption of Resolution No. 22–3394 Making Certain Findings for an Exception to the 180–Day Wait Period Pursuant to Government Code Sections 7522.56 and 21224 with
Authorization to Hire Elizabeth Lew as a Retired Annuitant into the Temporary Part–Time Position of Payroll Analyst
ACTION – Business Items – Item B
ACTING: City Council
MOTION: Adopt Resolution No. 22–3394 subject to any
necessary changes as requested by CalPERS and as
approved by the City Attorney.

MADE BY:

SECOND BY:

Council Member Lopez
Council Member Ruh
AYES:

NOES:

ABSTAIN:

ABSENT:

Lopez, Martinez, Ruh, Johnson, Dutrey
None
None
None
RESULT: Motion carried 5–0.

XI. COMMUNICATIONS
A. Department Reports — None

MONTCLAIR CITY COUNCIL MEETING – 01/17/2023 Page 183 of 185

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – December 19, 2022 Page 9 of 10 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 1009–273–19–0000 & 1010–021–03–0000
Negotiating Parties: City of Montclair, Hernandez Family Trust, and H & G Newton Family Trust
Agency Negotiator: Edward C. Starr, City Manager
Under Negotiations: Recommendations Regarding Purchase Price C. City Manager/Executive Director — None
D. Mayor/Chair
Mayor Dutrey called two special meetings of the City Council and Planning Commission on Thursday, January 12, 2023, and Thursday, January 19, 2023, at 6:00 p.m. for workshops related to the General Plan Update.

Mayor/Chair Dutrey wished everyone a Merry Christmas and a Happy New Year.

E. Council Members/Directors

1. Council Member/Director Ruh acknowledged various religions that celebrate different holidays around this time of year. He shared that in the Christian faith, Joseph and Mary were the first documented homeless family and were taken in by a kind
innkeeper. He asked all to think of the last, the least, the lost, and the lonely during this time and not look down upon those in need.

2. Council Member/Director Lopez stated he assisted the Ayala Family, owners of the Montclair and Chino Los Portales
restaurants, with a toy drive community event the prior week; and wished everyone a Happy Hanukkah and Merry Christmas and a safe and happy New Year.

3. Mayor Pro Tem/Vice Chair Johnson wished condolences to resident Bruce Culp who recently lost a family member; wished everyone a Merry Christmas, Happy Hanukkah, Happy Kwanzaa, season’s greetings, and a healthy and prosperous 2023.

4. Council Member/Director Martinez thanked all of the Holiday Home Decoration Contest participants and wished everyone happy holidays and a Happy New Year.

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

1. Personnel Committee – December 5, 2022
XII. CLOSED SESSION
The City Council entered closed session at 9:46 p.m. to discuss real property negotiations.

XIII. CLOSED SESSION ANNOUNCEMENTS
The City Council returned from closed session at 10:10 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.

MONTCLAIR CITY COUNCIL MEETING – 01/17/2023 Page 184 of 185

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – December 19, 2022 Page 10 of 10 XIV. ADJOURNMENT
At 10:10 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
MONTCLAIR CITY COUNCIL MEETING – 01/17/2023 Page 185 of 185