Montclair City Council
March 6, 2023

CITY OF MONTCLAIR

CITY COUNCIL

SUCCESSOR REDEVELOPMENT AGENCY,

MONTCLAIR HOUSING CORPORATION, MONTCLAIR

HOUSING AUTHORITY, AND MONTCLAIR COMMUNITY

FOUNDATION MEETINGS
AGENDA
Monday, March 6, 2023
7:00 p.m.

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

REGULAR JOINT MEETING OF THE

CITY COUNCIL, SUCCESSOR AGENCY, MONTCLAIR HOUSING CORPORATION,

MONTCLAIR HOUSING AUTHORITY, AND MONTCLAIR COMMUNITY FOUNDATION to be held in the Council Chambers
5111 Benito Street, Montclair, California
Monday, March 6, 2023
7:00 p.m.

Remote Participation Information:

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

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

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

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

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

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

VII. PUBLIC HEARINGS — None

XXXXXXXXXXXXX
MONTCLAIR CITY COUNCIL MEETING – 03/06/2023 Page 1 of 40 Page No.

VIII. CONSENT CALENDAR
A. Approval of Minutes

1. Regular Joint Meeting — February 21, 2023 [CC/SA/MHC/MHA/MCF] 36

2. Adjourned Meeting — February 22, 2023 [CC] 43
B. Administrative Reports

1. Consider Approval of Warrant Register & Payroll Documentation [CC] 4

2. Consider Adoption of the Local Roadway Safety Plan [CC] 5

3. Consider Designating Council Member Martinez as Montclair’s Voting Delegate for the Southern California Associated Governments (SCAG) General Assembly Meeting to be Held at the SCAG Regional Conference on May 4, 2023, in Palm Desert [CC] 7
C. Agreements

1. Consider Award of Contract to Moore Flooring, Inc. in the Amount of $18,283 with a $5,000 Contingency for Youth Center Flooring Services [CC] Consider Approval of Agreement No. 23–16 with Moore Flooring, Inc., for Youth Center Flooring Services, Subject to Any Revisions Deemed Necessary by the City Attorney [CC]
Consider Authorizing a $23,283 Appropriation from the Building Maintenance Reserve Fund for Youth Center Flooring Services [CC] 9

2. Consider Approval of Agreement No. 23–18 with the County of San Bernardino for Roadway Improvements on Mission Boulevard, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] 18 D. Resolutions

1. Consider Adoption of Resolution No. 23–3400 Authorizing Placement of Liens on Certain Properties for Delinquent Sewer and Trash Charges [CC] 26 IX. PULLED CONSENT CALENDAR ITEMS
X. COMMUNICATIONS
A. Department Reports

1. Human Services – Upcoming Activities & Events
B. City Attorney
C. City Manager/Executive Director
D. Mayor/Chairperson
E. Council Members/Directors
MONTCLAIR CITY COUNCIL MEETING – 03/06/2023 Page 2 of 40 Page No.

F. Committee Meeting Minutes (for informational purposes only)

1. Personnel Committee Meeting — February 21, 2023 [CC] 35 XI. ADJOURNMENT
The next regular joint meeting of the City Council, Successor Agency Board, Montclair Housing Corporation Board, Montclair Housing Authority Commission, and Montclair Community Foundation Board will be held on Monday, March 6, 2023, at 7:00 p.m.

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

If you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (909) 625–9416 or e–mail [email protected]. Notification prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35.102–35.104 ADA Title II)
I, Andrea M. Myrick, City Clerk, hereby certify that I posted, or caused to be posted, a copy of this Agenda not less than 72 hours prior to this meeting on the City’s website at https://www.cityofmontclair.org/agendas/ and on the bulletin board adjacent to the north door of Montclair City Hall at 5111 Benito Street, Montclair, CA 91763 on Thursday, March 2, 2023.

MONTCLAIR CITY COUNCIL MEETING – 03/06/2023 Page 3 of 40

CITY COUNCIL

AGENDA REPORT
DATE: MARCH 6, 2023
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 1
FILE I.D.: FIN540
DEPT.: FINANCE
PREPARER: A. VONG/V. FLORES
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTER AND PAYROLL DOCUMENTATION REASON FOR CONSIDERATION: The City Council is requested to consider approval of the Warrant Register and Payroll Documentation.

BACKGROUND: Mayor Pro Tem Johnson has examined the Warrant Register dated March 6, 2023, and the Payroll Documentation dated January 29, 2023, and recommends their approval.

FISCAL IMPACT: The Warrant Register dated March 6, 2023, totals $2,097,067.91.

The Payroll Documentation dated January 29, 2023 totals $749,396.84 gross, with $544,709.58 net being the total cash disbursement.

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

MONTCLAIR CITY COUNCIL MEETING – 03/06/2023 Page 4 of 40

CITY COUNCIL

AGENDA REPORT
DATE: MARCH 6, 2023
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 2
FILE I.D.: STA355
DEPT.: PUBLIC WORKS
PREPARER: M. HEREDIA
SUBJECT: CONSIDER ADOPTION OF THE LOCAL ROADWAY SAFETY PLAN REASON FOR CONSIDERATION: The Local Roadway Safety Plan is complete and must be adopted by City Council.

BACKGROUND: In May 2020, Fehr and Peers completed the Systemic Safety Analysis Report (SSAR). The SSAR performed collision analysis, identified safety issues on roadways, and developed a list of systemic countermeasures that can be used to prepare projects for future Highway Safety Improvement Program (HSIP) grant applications. On April 5, 2021, the City Council approved Agreement No. 21–18 with Fehr & Peers to prepare a Local Roadway Safety Plan (LRSP). The LRSP provides a unique opportunity for the City to continue its proactive approach to roadway safety, building on the foundation of the SSAR.

The SSAR can be equivalent to the LRSP, but the SSAR will be phased out over time. The state is encouraging local agencies to incorporate LRSP components and collaborate with other departments within the local agency (police, public health, local officials, etc.) to enhance their safety plans. The state provided a grant opportunity to fund the LRSP.

Through collaboration with Fehr & Peers, the City applied and was successful in obtaining a $40,000 grant.

Federal regulations require each state to have a Strategic Highway Safety Plan (SHSP). A SHSP is a statewide data–driven traffic safety plan that coordinates the efforts of a wide range of organizations to reduce traffic accident fatalities and serious injuries on all public roads. In coordination with federal, state, local, and private sector safety stakeholders, the SHSP establishes goals, objectives, and emphasis (or challenge) areas.

The SHSP addresses “the four E’s of traffic safety: Engineering, Enforcement, Education, and Emergency Services.”
While the SHSP is used as a statewide approach for improving roadway safety, an LRSP can provide local and rural road owners with an opportunity to address unique highway safety needs in their jurisdictions while contributing to the success of the SHSP.

Preparing an LRSP creates a framework to identify and analyze safety problems and recommend safety improvements systematically. Preparation of an LRSP facilitates the development of local agency partnerships and collaboration, resulting in a prioritized list of improvements and actions that can demonstrate a defined need and contribute to the statewide plan.

The LRSP also offers a proactive approach to addressing safety needs and demonstrates agency responsiveness to safety challenges. For future HSIP calls–for–projects, an LRSP will be preferred or required for an agency to be eligible to apply for federal HSIP funds.

MONTCLAIR CITY COUNCIL MEETING – 03/06/2023 Page 5 of 40 The LRSP was presented by Fehr & Peers to the City Council at a workshop held on February 6, 2023. A PDF copy of the final draft of the Local Roadway Safety Plan can be downloaded from the following link:
 https://www.cityofmontclair.org/wp-content/uploads/2023/03/Local-RoadSafety-Plan-Final-Draft.pdf The LRSP recommends three priority safety projects as follows:

1. San Bernardino Street from Ramona Avenue to Benson Avenue

2. Central Avenue from Orchard Street to Holt Boulevard

3. Ramona Avenue from Kingsley Avenue to State Street
These three priority locations were chosen to represent several different elements of the collision analysis:
 Locations with a history of severe and fatal collisions  Locations that reflect a variety of roadway and land use contexts  Locations with shared roadway characteristics and risk factors that are appropriate for systemic application of safety countermeasures FISCAL IMPACT: Adopting the LRSP would result in no immediate or direct fiscal impact on the City’s general fund. However, an adopted LRSP is required to apply for future HSIP grants and can also be used to support other safety–related grants.

RECOMMENDATION: Staff recommends that the City Council adopt the Local Roadway Safety Plan.

MONTCLAIR CITY COUNCIL MEETING – 03/06/2023 Page 6 of 40

CITY COUNCIL

AGENDA REPORT
DATE: MARCH 6, 2023
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 3
FILE I.D.: SCG050
DEPT.: CITY MGR.

PREPARER: A. MYRICK
SUBJECT: CONSIDER DESIGNATING COUNCIL MEMBER MARTINEZ AS MONTCLAIR’S VOTING

DELEGATE FOR THE SOUTHERN CALIFORNIA ASSOCIATED GOVERNMENTS (SCAG)

GENERAL ASSEMBLY MEETING TO BE HELD AT THE SCAG REGIONAL CONFERENCE ON MAY 4, 2023, IN PALM DESERT
REASON FOR CONSIDERATION: The City of Montclair is a member of the Southern California Association of Governments (SCAG). At least once every year, SCAG convenes the General Assembly to bring together the official representatives of SCAG’s membership and help set the agency’s course for the coming year. This year’s General Assembly will be held on May 4, 2023, at the SCAG Regional Conference, which takes place from May 4–5, 2023 in Palm Desert. Member cities and counties must communicate the names of their official representatives and alternates to SCAG within 45 days before the annual meeting of the General Assembly, which would be March 20, 2023.

Mayor Dutrey and Council Member Ruh are currently assigned as the City’s voting delegate and alternate voting delegate, respectively, for SCAG’s General Assembly. However, Mayor Dutrey also serves as the City’s representative on the San Bernardino County Transportation Authority (SBCTA) Board, and has been designated as SBCTA’s voting delegate for this year’s SCAG General Assembly meeting. Council Member Ruh is not available to attend the conference.

It is necessary that the City Council designate another voting delegate and communicate the delegate on or before March 20, 2023, so that the City of Montclair can participate in the SCAG General Assembly meeting in May. Council Member Martinez has indicated she is available to serve as the City’s delegate; therefore, the City Council is requested to consider designating Council Member Martinez as the City’s Voting Delegate for the SCAG General Assembly meeting to be held on May 4, 2023, at 11:00 a.m., during the SCAG Regional Conference taking place from May 4–5, in Palm Desert.

BACKGROUND: Founded in 1965, SCAG is a Joint Powers Authority under California state law, established as an association of local governments and agencies that voluntarily convene as a forum to address regional issues. Under federal law, SCAG is designated as a Metropolitan Planning Organization and under state law as a Regional Transportation Planning Agency and a Council of Governments.

The General Assembly is a forum where policy matters can be identified and addressed.

Any city or county representative may propose a subject for study by the Association, provided that the representative has notified the President of the proposal 45 days in advance of the General Assembly meeting. Such a proposal should be submitted in the form of a resolution to the SCAG Regional Council. The President then appoints a Resolutions Committee to consider each resolution and make recommendations for action to the Regional Council, which is then forwarded to the General Assembly for consideration. If a resolution is presented directly to the General Assembly, a two-thirds MONTCLAIR CITY COUNCIL MEETING – 03/06/2023 Page 7 of 40 vote is required for its consideration. Amendments to SCAG’s Bylaws may also be considered at the General Assembly. A Bylaws Committee is appointed by the President to review amendments. Recommendations are forwarded to the Regional Council for approval. The Regional Council will then forward their recommendations to the General Assembly for consideration. A quorum of the General Assembly consists of official representation from one-third of the member cities and one-third of the member counties.

Each member city appoints as its official delegate or alternate a member of its city council who is not a Regional Council representative, except that one of the official representatives of the City of Los Angeles is always the mayor. Counties are represented by either the chair or member of the county board of supervisors from each member county. Any official representative may call for special meetings of the General Assembly upon written request of 15 member cities and three member counties. Each member county and each member city has one official representative and one alternate in the General Assembly, except the City of Los Angeles, which has three official representatives and three alternates due to its population size.

In addition, members of the General Assembly also consider for adoption SCAG’s General Fund budget for the next fiscal year. Finally, SCAG’s new President, Vice President and Second Vice President are announced for the coming year.

FISCAL IMPACT: The City Council's designation of a voting delegate to the SCAG General Assembly would create no fiscal impact to the City's General Fund. Funds have been allocated in the FY 2022–23 budget for Council representatives to attend the conference; however, the costs should be minimal as delegates receive free conference registration and SCAG covers a one–night hotel stay.

RECOMMENDATION: Staff recommends the City Council designate Council Member Martinez as Montclair's voting delegate for the SCAG General Assembly Meeting, to be held at the SCAG Regional Conference on May 4, 2023, in Palm Desert.

MONTCLAIR CITY COUNCIL MEETING – 03/06/2023 Page 8 of 40

CITY COUNCIL

AGENDA REPORT
DATE: MARCH 6, 2023
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 1
FILE I.D.: PUB355
DEPT.: PUBLIC WORKS
PREPARER: M. PARADIS
SUBJECT: CONSIDER AWARD OF CONTRACT TO MOORE FLOORING, INC. IN THE AMOUNT OF $18,283 WITH A $5,000 CONTINGENCY FOR YOUTH CENTER FLOORING SERVICES CONSIDER APPROVAL OF AGREEMENT NO. 23–16 WITH MOORE FLOORING, INC.,

FOR YOUTH CENTER FLOORING SERVICES, SUBJECT TO ANY REVISIONS DEEMED

NECESSARY BY THE CITY ATTORNEY
CONSIDER AUTHORIZING A $23,283 APPROPRIATION FROM THE BUILDING

MAINTENANCE RESERVE FUND FOR YOUTH CENTER FLOORING SERVICES REASON FOR CONSIDERATION: The City Council is requested to consider awarding a contract to and approving Agreement No. 23–16 with Moore Flooring, Inc. in the amount of $18,283.00, including a contingency amount of $5,000, for Youth Center flooring services. The total contract amount for this maintenance project is estimated at $23,283.00.

A copy of proposed Agreement No. 23–16 is attached for City Council review and consideration.

BACKGROUND: The carpet in the Youth Center was installed when the Youth Center was built in 2010. The carpeting is worn and fraying between the carpet squares and is in need of replacement.

Staff attempted to obtain three estimates from vendors for new carpet in the Youth Center. Two companies that were contacted were responsive and able to provide the Mohawk Heritage 963 carpet, which is the same carpet that was recently installed in City Hall. Best Carpet provided an estimate to install Shaw Carpeting which does not meet the City’s requirements. The following bid proposals were received:

Contractor Bid Amount
Moore Flooring, Inc. $18,283.00
G&S Carpet Mills, Inc. $30,188.33
Staff reviewed the estimates for completeness and accuracy. The estimate from Moore Flooring, Inc. was deemed the lowest responsible, responsive bidder for the project.

The anticipated duration of this project is 12 working days. The work is expected to begin in March 2023 and be completed in April 2023.

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

MONTCLAIR CITY COUNCIL MEETING – 03/06/2023 Page 9 of 40 RECOMMENDATION: Staff recommends that the City Council take the following actions in relation to the Youth Center Flooring Services:

1. Award a contract to Moore Flooring, Inc. in the amount of $18,283 with a $5,000 contingency for Youth Center flooring services.

2. Approve Agreement No. 23–16 with Moore Flooring, Inc. for Youth Center Flooring Services, subject to any revisions deemed necessary by the City Attorney.

3. Authorize a $23,283 appropriation from the Building Maintenance Reserve Fund to cover costs for Youth Center Flooring Services.

MONTCLAIR CITY COUNCIL MEETING – 03/06/2023 Page 10 of 40 Proposal
Date
1/17/2023
Proposal #
3076
Contracting Office
City of Montclair
City Hall
5111 Benito Street
(P.O. BOX 2308)
Montclair, CA 91763
Place Of Performance
Youth Center
Terms
Net 30
Department Of Industrial Relations Number
3205 Pomona Blvd. Pomona, CA 91768
Ph. 909-468-5600 Fax 480-247-5492
1000003623
Rep. Ali Gorginfar
Mobile 909-997-2535
[email protected]
Total Price
Description Qty U/M Rate Total
Mohawk Group
Collection: Learn & Live
Style: Side Stripe GT419
Color: Heritage 963
Size: 24" X 24"
424 Sq. Yd. 65.68 27,848.33
Wall-Base
Wall-Base Manufacture: Burke
Wall-Base Style: Rubber with Toe
Wall-Base Color: 701 Black
Wall-Base Size: 4"
600 Ln. Ft. 1.40 840.00
Moisture Test 1 Project 1,500.00 1,500.00
$30,188.33
MONTCLAIR CITY COUNCIL MEETING – 03/06/2023 Page 11 of 40 MONTCLAIR CITY COUNCIL MEETING – 03/06/2023 Page 12 of 40 Agreement No. 23-16

KNOW ALL MEN BY THESE PRESENTS: That the following Agreement is made and entered into as of the date executed by the City Clerk and the Mayor, by and between MOORE FLOORING., INC., a CORPORATION, hereinafter referred to as "CONTRACTOR" and the CITY OF MONTCLAIR, hereinafter referred to as "CITY." A. Recitals.
(i) Pursuant to a request for written estimates.
(ii) CITY did accept the estimate of CONTRACTOR.
(iii) CITY has authorized the City Clerk and Mayor to enter into a written contract with CONTRACTOR for furnishing labor, equipment, and material for the construction of:
(iv)

YOUTH CENTER FLOORING SERVICES
"PROJECT" hereinafter.

B. Resolution.

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

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

2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY:

The aforesaid specifications are incorporated herein by reference thereto and made a part hereof with like force and effect as if all of said documents were set forth in full herein. Said documents, the Notice Inviting Bids, the Instructions to Bidders, the Proposal and any City-issued addenda, together with this written Agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not.

Should it be ascertained that any inconsistency exists between the aforesaid documents and this written Agreement, the provisions of this written Agreement shall control.

3. TERMS OF CONTRACT: The CONTRACTOR agrees to execute the contract within ten (10) calendar days from the date of notice of award of the contract and to complete his portion of PROJECT within the time specified in the Special Provisions.

CONTRACTOR agrees further to the assessment of liquidated damages in the amount specified in the Special Provisions or the Standard Specifications, whichever is higher, for each calendar day PROJECT remains incomplete beyond the expiration of the completion date. CITY may deduct the amount thereof from any moneys due or that may become due the CONTRACTOR under this contract. Progress payments made MONTCLAIR CITY COUNCIL MEETING – 03/06/2023 Page 13 of 40 Agreement No. 23-16

after the scheduled date of completion shall not constitute a waiver of liquidated damages.

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

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

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

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

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

MONTCLAIR CITY COUNCIL MEETING – 03/06/2023 Page 14 of 40 Agreement No. 23-16

(6) Automobile - Property Damage $500,000 each accident. c. The policy of insurance provided for in subparagraph a. shall contain an endorsement which:
(1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.d.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein;
(2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to CITY by registered mail. d. Each such policy of insurance provided for in paragraph b. shall:
(1) Be issued by an insurance company approved in writing by CITY, which is qualified to do business in the State of California; (2) Name as additional insureds the CITY, its officers, agents and employees, and any other parties specified in the bid documents to be so included;
(3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insureds shall be called upon to cover a loss under said policy;
(4) Contain a clause substantially in the following words:
"It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by CITY of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter."
(5) Otherwise be in form satisfactory to CITY.
e. The CONTRACTOR shall at the time of the execution of the contract present the original policies of insurance required in paragraphs a. and b., hereof, or present an endorsement of the insurance company, showing the issuance of such insurance, and the additional insureds and other provisions required herein.

6. CONTRACTOR'S LIABILITY: The City of Montclair and its respective officers, agents and employees shall not be answerable or accountable in any manner for any loss or damage that may happen to the project or any part thereof, or for any of the materials or other things used or employed in performing the project; or for injury or damage to any person or persons, either workmen, employees of the CONTRACTOR or his subcontractors or the public, whatsoever arising out of or in connection with the MONTCLAIR CITY COUNCIL MEETING – 03/06/2023 Page 15 of 40 Agreement No. 23-16

performance of the project. The CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever, except the sole negligence or willful misconduct of CITY, its employees, servants, or independent contractors who are directly responsible to CITY during the progress of the project or at any time before its completion and final acceptance.

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

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

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

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

MONTCLAIR CITY COUNCIL MEETING – 03/06/2023 Page 16 of 40 Agreement No. 23-16

9. CONTRACT PRICE AND PAYMENT: CITY shall pay to the CONTRACTOR for furnishing the material and doing the prescribed work the unit prices set forth in accordance with CONTRACTOR's Proposal dated February 23, 2023.

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

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

CONTRACTOR CITY
MOORE FLOORING, INC. CITY OF MONTLAIR, CALIFORNIA
54987 Vine St. 5111 Benito Street
Chino, CA 91710 Montclair, CA 91763
By: By:

Rodney Withers Javier “John” Dutrey
President Mayor
ATTEST:

By: By:

Andrea M. Myrick
City Clerk
Name, Title APPROVED AS TO FORM:

By:

Diane E. Robbins
City Attorney
MONTCLAIR CITY COUNCIL MEETING – 03/06/2023 Page 17 of 40

CITY COUNCIL

AGENDA REPORT
DATE: MARCH 6, 2023
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 2
FILE I.D.: STA817
DEPT.: PUBLIC WORKS
PREPARER: M. HEREDIA
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 23–18 WITH THE COUNTY OF SAN

BERNARDINO FOR ROADWAY IMPROVEMENTS ON MISSION BOULEVARD, SUBJECT

TO ANY REVISIONS DEEMED NECESSARY BY THE CITY ATTORNEY
REASON FOR CONSIDERATION: The San Bernardino County Department of Public Works will complete roadway improvements on Mission Boulevard between the Los Angeles County Line and 0.06 miles east of Pipeline Avenue, and between 0.07 miles west of Central Avenue and Benson Avenue. Contracts with the City require City Council approval.

A copy of proposed Agreement No. 23–18 with the County of San Bernardino is attached for the City Council’s review and consideration.

BACKGROUND: The County will complete roadway improvements in the City’s jurisdiction on Mission Boulevard between East End Avenue and Silicon Avenue and between Ada Avenue and Central Avenue as part of their Project. The total Project involves approximately one mile of pavement restoration along Mission Boulevard.

The work primarily consists of milling the existing pavement and overlaying the pavement with a new rubberized asphalt hot mix including Americans with Disabilities Act (ADA) ramp upgrades. The Project will be advertised for construction bids in late April or early May. Construction is anticipated to commence in July 2023.

Per the provisions of the proposed Cooperative Agreement, the County will serve as the lead agency in the preliminary engineering, design, survey, California Environmental Quality Act (CEQA) review and compliance, construction, and inspection phases of the Project.

FISCAL IMPACT: The total estimated cost of the Project is $3,762,000. The City’s estimated share of the cost is $863,612. The City’s share of the Project cost will be covered by 2021 Lease Revenue Fund proceeds.

RECOMMENDATION: Staff recommends the City Council approve Agreement No. 23– 18 with the County of San Bernardino for roadway improvements on Mission Boulevard, subject to any revisions deemed necessary by the City Attorney.

MONTCLAIR CITY COUNCIL MEETING – 03/06/2023 Page 18 of 40 Standard Contract Page 1 of 7

THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY Public Works
Department Contract Representative Arlene Chun, M.S., P.E., Engineering Manager
Telephone Number (909) 387-8165
Project Mission Boulevard Project
Contractor City of Montclair
Contractor Representative Monica Heredia, P.E.,
City Engineer
Telephone Number (909) 625-9405
Contract Term 1/31/2028
Original Contract Amount $863,612
Amendment Amount N/A
Total Contract Amount $863,612
Cost Center 6650002000 H15034
IT IS HEREBY AGREED AS FOLLOWS:
(Use space below and additional bond sheets. Set forth service to be rendered, amount to be paid, manner of payment, time for performance or completion, determination of satisfactory performance and cause for termination, other terms and conditions, and attach plans, specifications, and addenda, if any.)
WHEREAS, the San Bernardino County (COUNTY) and the City of Montclair (CITY) (COUNTY and CITY are also each referred to herein as “Party” and collectively referred to herein as “Parties”) desire to cooperate and jointly participate in the mill and overlay and Americans with Disabilities Act (ADA) ramp upgrade project on Mission Boulevard, between East End Avenue and Silicon Avenue and Ada Avenue and Benson Avenue in the unincorporated Montclair area (unincorporated herein by this reference and hereinafter collectively referred to as PROJECT); and
WHEREAS, the PROJECT, is located in the unincorporated areas of the COUNTY and the CITY, and WHEREAS, California Streets and Highways Code sections 1685 and 1803 authorize CITY to contract with COUNTY for the maintenance, construction or repair of CITY streets and roads, if the legislative body of CITY determines that it is necessary for the more efficient maintenance, construction, or repair of its streets and roads; and
WHEREAS, the legislative body of City determines that it is necessary for the more efficient maintenance, construction, or repair of its streets and roads to contract with COUNTY for the PROJECT; and Contract Number
City Agreement No. 23-18
SAP Number
MONTCLAIR CITY COUNCIL MEETING – 03/06/2023 Page 19 of 40 Revised 5/12/21 Page 2 of 7
WHEREAS, the total PROJECT cost is estimated to be $3,762,000; and WHEREAS, COUNTY’s share of PROJECTS cost is estimated to be $2,898,388 and the CITY’s share of PROJECTS cost is estimated to be $863,612, as more particularly set forth in Exhibit “A”, which is attached hereto and unincorporated herein by this reference; and WHEREAS, it is anticipated that COUNTY’s share of PROJECT costs will be from gas tax funding and CITY’s share of PROJECT costs will be financed through its local funds; and WHEREAS, the above-described costs are proportioned based on the work to be performed in each Party’s jurisdiction; and
WHEREAS, COUNTY and CITY desire to set forth the responsibilities and obligations of each as they pertain to such participation, and to the design, construction, and funding of the proposed PROJECT.

NOW, THEREFORE, IT IS MUTUALLY AGREED as follows:

1.0 COUNTY AGREES TO:

1.1 Act as the Lead Agency in the design, survey, California Environmental Quality Act (CEQA) compliance (Public Resources Code section 21000 et seq.), construction, construction engineering, and inspection of the PROJECT.

1.2 Prepare, process, and secure all necessary environmental documents required by CEQA.

1.3 If required, at its own cost, design and perform all right-of-way acquisition related work inside the COUNTY jurisdiction that is determined to be necessary for the PROJECT. Right-of way acquisition related work includes, but is not limited to, right-of-way document preparation (legal description and plat), appraisal, acquisition, temporary construction easements, utility easements, utility relocations, site clearance activities, plant/tree/fence/wall removal and relocation/replacement, legal negotiations, eminent domain proceedings, property settlements, and all right-of-way capital costs (actual cost of right-of-way).

1.4 Provide plans and specifications for the PROJECT for CITY’s review and approval.

1.5 Construct the PROJECT by contract in accordance with the plans and specifications of COUNTY, which have been reviewed and approved by CITY.

1.6 Arrange for relocation of all utilities which interfere with construction of the PROJECT within the entire PROJECT limits, subject to paragraph 3.9 below.

1.7 Obtain a no-cost permit from the CITY for work performed within the CITY’s right-of-way.

1.8 Provide a no-cost permit to the CITY for its work in COUNTY’s right-of-way, which permit approval shall not be unreasonably withheld, delayed or conditioned.

1.9 Advertise, award, and administer the construction of the PROJECT, in accordance with the provisions of the California Public Contract Code applicable to counties.

1.10 Require its contractor to maintain and to comply throughout the term of any contract awarded by COUNTY with the insurance requirements described in County Policy Numbers 11-07 and 11- 07SP.

1.11 Provide adequate inspection of all items of work performed under the construction contract(s) with `COUNTY’s contractors or subcontractors for the PROJECT and maintain adequate records of inspection and materials testing for review by CITY. COUNTY shall provide copies of any records of inspection and materials testing to CITY within ten (10) days of COUNTY’s receipt of written demand from CITY for such records. This shall be included as a PROJECT cost.

1.12 After bid opening and prior to award of the construction contract, submit to the CITY an invoice for the estimated CITY share of PROJECT construction costs based on the COUNTY/CITY percentage share determined from the bid result.

1.13 Upon PROJECT completion, calculate actual COUNTY/CITY PROJECT share percentages based on the final contract work and cost, which shall include any changes made within the COUNTY and/or CITY as provided in this Agreement.

1.14 Based on the COUNTY percentage calculated pursuant to paragraph 1.13, pay its share of the actual PROJECT costs. The actual PROJECT costs shall include the cost of PROJECT design, MONTCLAIR CITY COUNCIL MEETING – 03/06/2023 Page 20 of 40 Revised 5/12/21 Page 3 of 7
survey, CEQA compliance, share construction, construction engineering, inspection and COUNTY overhead costs. COUNTY’s PROJECT costs is estimated to be $2,898,388 and shall not exceed $3,622,985 (25% increase over the COUNTY’s PROJECT cost estimate) absent a written amendment to this Agreement pursuant to paragraph 3.17.

1.15 Upon PROJECT completion and the identification of all PROJECT expenses, submit to the CITY an itemized accounting of actual PROJECT costs incurred by the COUNTY and, if said costs exceed the amount paid by CITY pursuant to paragraphs 1.12 and 2.6, an invoice for the remainder of the CITY’s share of the actual PROJECT costs, up to the amount set forth in Section

2.7 hereof, as provided herein. Said invoice shall set forth all actual PROJECT costs incurred by COUNTY, together with adequate documentation of said expenditures and a copy of the overall CITY/COUNTY percentage share calculation spreadsheet. If the actual PROJECT costs incurred by COUNTY are less than the amount paid by CITY pursuant to paragraphs 1.12 and 2.6, then COUNTY shall refund CITY the difference within thirty (30) days after issuance of the itemized accounting.

2.0 CITY AGREES TO:

2.1 Review and approve the plans and specifications of the PROJECT.

2.2 If required, at its own cost and not included in this PROJECT cost, perform all right-of-way acquisition related work inside the CITY’s jurisdiction that is determined to be necessary for the PROJECT. Right-of-way acquisition related work includes, but is not limited to, right-of-way document preparation (legal description and plat), appraisal, acquisition, temporary construction easements, utility easements, utility relocations, site clearance activities, plant/tree/fence/wall removal and relocation/replacement, legal negotiations, eminent domain proceedings, property settlements, and all right-of-way capital costs (actual cost of right-of-way).

2.3 Provide a no-cost permit to the COUNTY for its work in the CITY’s right-of-way.

2.4 Provide a qualified representative who shall have the authority to discuss and attempt to resolve issues concerning the PROJECT with the COUNTY.

2.5 Obtain a no-cost permit from the COUNTY for work within the COUNTY’S right-of-way, which permit approval shall not be unreasonably withheld, delayed or conditioned.

2.6 Within thirty (30) days after receipt of the invoice from the COUNTY pursuant to paragraph 1.12 above, pay to the COUNTY the invoiced amount.

2.7 Within thirty (30) days after receipt of the itemized accounting and invoice from the COUNTY pursuant to paragraph 1.15 above, pay to the COUNTY the remainder of its share of the actual PROJECT costs based on the CITY percentage calculated pursuant to paragraph 1.13. The PROJECT costs shall include the cost of PROJECT design, survey, CEQA compliance, construction, construction engineering, inspection and COUNTY overhead costs. CITY’s share of PROJECT costs is currently estimated to be $863,612 and shall not exceed $1,079,515 (25% increase over the PROJECT cost estimate) absent a written approval from the CITY’s designated representative).

3.0 IT IS MUTUALLY AGREED:

3.1 Except for activities that are impossible to perform during the construction phase of PROJECT, before, during and after CITY’s and COUNTY’s acceptance of completed PROJECT, the COUNTY shall be responsible for performing any and all work (including, but not limited to, maintenance) for PROJECT limits that are within the COUNTY unincorporated area and the CITY shall be responsible for performing any and all in the PROJECT limits that are in the CITY unincorporated area.

3.2 COUNTY agrees to indemnify, defend and hold harmless the CITY and its officers, employees, agents, and volunteers from any and all claims, actions or losses, damages, and/or liability resulting from COUNTY’s negligent acts or omissions or willful misconduct which arise from COUNTY’s performance of its obligations under this Agreement.

3.3 CITY agrees to indemnify, defend (with counsel approved by COUNTY) and hold harmless COUNTY and its officers, employees, agents and volunteers from any and all claims, actions, losses, damages and/or liability resulting from CITY’s negligent acts or omissions or willful misconduct which arise from CITY’s performance of its obligations under this Agreement.

MONTCLAIR CITY COUNCIL MEETING – 03/06/2023 Page 21 of 40 Revised 5/12/21 Page 4 of 7

3.4 In the event the COUNTY and/or the CITY is found to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under the Agreement, the COUNTY and/or CITY shall indemnify the other to the extent of its comparative fault.

3.5 In the event of litigation arising from this Agreement, each Party to the Agreement shall bear its own costs, including attorney(s) fees. This paragraph shall not apply to the costs or attorney(s) fees relative to paragraphs 3.2, 3.3 and 3.4.

3.6 COUNTY and CITY are authorized self-insured public entities for purposes of Professional Liability, Automobile Liability, General Liability and Worker’s Compensation, and warrant that through their respective programs of self-insurance they have adequate coverage or resources to protect against liabilities arising out of COUNTY and CITY’s performance of the terms, conditions or obligations of this Agreement.

3.7 The Parties acknowledge that actual PROJECT costs may ultimately exceed current estimates of PROJECT costs. Any additional PROJECT costs (including, but not limited to, additional PROJECT costs caused by an increase in engineering cost, higher bid prices, change orders, or arising from unforeseen site conditions, including utility relocation (but not from requested additional work by the COUNTY or CITY, which is addressed in paragraph 3.8 below)) over the estimated total of the PROJECT’s cost of $3,762,000 (which is the sum of $2,898,388 from COUNTY and $863,612 from CITY) shall be borne by each PARTY based upon where the work is required (i.e. whether the work is required in the COUNTY’s or CITY’s jurisdiction) up to the amounts set forth in Section 1.14 and 2.7, respectively.

3.8 If either COUNTY or CITY requests additional work that is beyond the scope of the original PROJECT, and not considered by all Parties to be a necessary part of the PROJECT, said work, if approved by both Parties pursuant to paragraph 3.17 will be paid solely by the agency requesting the work.

3.9 In the case wherein one of the Parties owns a utility that needs to be relocated for the PROJECT and that Party does not have prior rights for that utility, it will be the sole responsibility of that Party to relocate the utility at that Party’s cost. This shall not be included as a PROJECT cost. In the case that a utility relocation is determined to be a PROJECT cost based on that utility having prior rights, the relocation of the utility will be included as a PROJECT cost for which the COUNTY and CITY will be responsible for funding for work located within their respective boundaries.

3.10 As design progresses, if it is found by COUNTY’s Director of Public Works, or the Director’s designee, that a cost overrun of 25% or more of the estimated total of the PROJECT costs will occur, COUNTY shall provide CITY notice of this fact and COUNTY and CITY shall endeavor to agree upon an alternative course of action, including amending the cost estimates. If, after thirty (30) days of COUNTY notice, an alternative course of action is not mutually agreed upon in writing between the COUNTY and CITY, this Agreement shall be deemed to be terminated by mutual consent.

3.11 COUNTY shall notify CITY of the bids received and the amounts thereof. In the event that either Party intends to cancel this Agreement based upon the bids or amount thereof, said Party shall notify the other Party at a reasonable time prior to the awarding of a contract to construct the PROJECT to avoid any detrimental reliance by either Party, contractor or potential contractor.

3.12 If after opening bids for the PROJECT, it is found that the responsive and responsible low bid amount is 25% or less over the construction cost shown in Exhibit A, COUNTY may award the contract.

3.13 If, upon opening of bids, it is found that the responsive and responsible low bid amount is over 25% more than the construction cost shown in Exhibit A or the Amended Exhibit A pursuant to paragraph 3.10 of the Agreement, COUNTY shall not award the contract unless: 1) COUNTY receives written permission from the CITY’s City Engineer or designee, to proceed with the award; and 2) COUNTY’s Board of Supervisors approves the award of the construction contract. If the above described conditions are not met, COUNTY and CITY shall endeavor to agree upon an alternative course of action, including re-bidding of the PROJECT. If, after thirty (30) days of the bid opening, an alternative course of action is not mutually agreed upon in writing, this Agreement shall be deemed to be terminated by mutual consent.

3.14 In the event that change orders are required during the course of the PROJECT, said change orders must be delivered by fax or email and must be returned within two (2) days. The CITY shall not unreasonably withhold approval of change orders. If a CITY disapproved or modified change MONTCLAIR CITY COUNCIL MEETING – 03/06/2023 Page 22 of 40 Revised 5/12/21 Page 5 of 7
order is later found to be a cost of the PROJECT, then the CITY shall be responsible for any costs, awards, judgments or settlements associated with the disapproved or modified change order.

3.15 This Agreement may be cancelled upon thirty (30) days advance written notice of either Party, provided however, that neither Party may cancel this Agreement after COUNTY awards a contract to construct the PROJECT. In the event of cancellation as provided herein, including termination pursuant to paragraphs 3.10, 3.11 and 3.13 above, all PROJECT expenses occurred prior to the effective date of cancellation/termination shall be paid by the Parties in the same proportion to their contribution for the PROJECT. The Parties recognize and agree that the provisions governing utility relocation and construction are dependent upon the Parties first satisfying CEQA.

As provided in this paragraph, the Agreement may be cancelled with or without cause, before, during and after CEQA review/approval.

3.16 Except as provided in paragraphs 3.15 and 3.24, and except for the Parties’ operation, maintenance and indemnification obligations contained herein which shall survive termination, this Agreement shall terminate upon completion of the PROJECT and payment of final billing by the CITY for its share of the PROJECT costs or refund by COUNTY pursuant to paragraph 1.15.

3.17 This Agreement contains the entire agreement of the Parties with respect to subject matter hereof, and supersedes all prior negotiations, understandings or agreements. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.18 This Agreement shall be governed by the laws of the State of California. Any action or proceeding between CITY and COUNTY concerning the interpretation or enforcement of this Agreement, or which arises out of or is in any way connected with this Agreement or the PROJECT, shall be instituted and tried in the appropriate state court, located in the County of San Bernardino, California.

3.19 Time is of the essence for each and every provision of this Agreement.

3.20 Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed COUNTY work days. The captions of the various articles and paragraphs are for convenience and ease or reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.21 No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

3.22 If a court of competent jurisdiction declares any portion of this Agreement invalid, illegal, or otherwise unenforceable, the remaining provisions shall continue in full force and effect, unless the purpose of this Agreement is frustrated.

3.23 This Agreement may be signed in counterparts, each of which shall constitute an original.

3.24 This Agreement will be effective on the date signed and approved by both Parties and shall terminate upon satisfaction of the terms identified in paragraph 3.16 or January 31, 2028 (whichever occurs first).

3.25 All notices, approvals, consents or other documents required or permitted under this Agreement shall be in writing and, except as otherwise provided herein, shall be effective upon personal delivery or three calendar days after deposit in the United States mail, certified, with first class postage, fully prepaid, addressed as follows:

CITY:

City of Montclair
5111 Benito Street
Montclair, CA 91763
Attn: Public Works Department
Engineering Division
COUNTY:

San Bernardino County
Department of Public Works
825 E. Third Street Room 143
San Bernardino, CA 92415
Attn: Transportation Planning
Division
MONTCLAIR CITY COUNCIL MEETING – 03/06/2023 Page 23 of 40 Revised 5/12/21 Page 6 of 7

3.26 The Recitals are unincorporated into the body of this Agreement.

SIGNATURES

FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department Aaron Gest, County Counsel Andy Silao, P.E. Brendon Biggs, Director Date Date Date
SAN BERNARDINO COUNTY City of Montclair
(Print or type name of corporation, company, contractor, etc.) By
Curt Hagman, Chairman, Board of Supervisors (Authorized signature - sign in blue ink) Dated: Name

Javier John Dutrey

SIGNED AND CERTIFIED THAT A COPY OF THIS

DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Title Mayor
Lynna Monell
Clerk of the Board of Supervisors
San Bernardino County
(Print or Type)
By Dated:

Deputy
Address
5111 Benito Street
P.O. Box 2308
Montclair, CA 91763
MONTCLAIR CITY COUNCIL MEETING – 03/06/2023 Page 24 of 40 Revised 5/12/21 Page 7 of 7

EXHIBIT A

ESTIMATE OF PROJECT COSTS FOR CITY OF MONTCLAIR AND

SAN BERNARDINO COUNTY PAVEMENT REHABILITATION AND ADA RAMP UPDATE

PROJECT
Road Name Road Number Project Limits Length Scope of Work Mission Boulevard N/A City From LA County Line to

0.06 Miles East of Pipe Line
Ave

0.54M
Mill and Overlay
Mission Boulevard N/A City From Ada Avenue 0.0625
Miles West to South Central
Avenue

0.0625M
Mill and Overlay
Mission Boulevard 554875-010 From LA County Line to

0.06 Miles East of Pipe Line
Ave

0.54M
Mill and Overlay,
ADA Ramp Update
Mission Boulevard 554875-030 From 0.07 Miles West of
Central Ave to Benson Ave 0.56M
Mill and Overlay,
ADA Ramp Update
Description Amount County Share City Share
Construction
All Other Costs Such As
Preliminary Engineering, Design,
Environmental Clearance,
Construction Engineering, etc.
$3,762,000 $2,898,388 $863,612
Total $3,762,000 $2,898,388 $863,612
MONTCLAIR CITY COUNCIL MEETING – 03/06/2023 Page 25 of 40

CITY COUNCIL

AGENDA REPORT
DATE: MARCH 6, 2023
SECTION: CONSENT - RESOLUTIONS
ITEM NO.: 1
FILE I.D.: STB300–17
DEPT.: CITY MGR.

PREPARER: C. GRAVES
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 23–3400 AUTHORIZING PLACEMENT OF

LIENS ON CERTAIN PROPERTIES FOR DELINQUENT SEWER AND TRASH CHARGES REASON FOR CONSIDERATION: Staff has identified 185 sewer and trash accounts in the odd–numbered–month billing cycle that are more than three billing periods delinquent. Pursuant to Montclair Municipal Code Chapter 1.12, these properties are subject to lien.

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

FISCAL IMPACT: Recoverable amount is $61,751.28, plus $3,700.00 for release of lien fees, plus $9,250.00 in lien fees, for a total of $74,701.28.

RECOMMENDATION: Staff recommends the City Council adopt Resolution No. 23–3400 authorizing placement of liens on certain properties for delinquent sewer and trash charges.

MONTCLAIR CITY COUNCIL MEETING – 03/06/2023 Page 26 of 40 Resolution No. 23–3400 Page 1 of 1
RESOLUTION NO. 23–3400

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF MONTCLAIR AUTHORIZING

PLACEMENT OF LIENS ON CERTAIN

PROPERTIES FOR DELINQUENT SEWER

AND TRASH ACCOUNTS
WHEREAS, Chapter 1.12 of the Montclair Municipal Code authorizes the City to place liens on properties on which delinquent civil debts have accrued; and WHEREAS, all owners of property in the City of Montclair were notified about the adoption of Ordinance No. 02–815 authorizing placement of liens on properties on which delinquent civil debts have accrued; and
WHEREAS, it has been determined that there are 185 sewer and/or trash accounts on which there are delinquencies in excess of 90 days; and WHEREAS, the owners of these properties have received regular billing statements and late notices since the onset of such delinquencies; and WHEREAS, the owners of these properties were notified on February 9, 2023, that their delinquent accounts are subject to causing a lien to be placed on their properties for settlement of such delinquencies; and that such liens would be considered for approval by the Montclair City Council on Monday, March 6, 2023.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Montclair approves the placement of liens on the properties and in the amounts specified in Exhibit A, entitled Report of Delinquent Civil Debts – March 2023, attached hereto.

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

APPROVED AND ADOPTED this XX day of XX, 2023.

Mayor
ATTEST:

City Clerk
I, Andrea M. Myrick, City Clerk of the City of Montclair, DO HEREBY CERTIFY that Resolution No. 23–3400 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 – 03/06/2023 Page 27 of 40 Exhibit A to Resolution No. 23–3400
Report of Delinquent Civil Debts – March 2023

Street
No. Street Account
Type Delinquency Release of
Lien Fee Lien Fee Total Lien
Amount
4334 Alamitos Street Residential 296.91 20.00 50.00 366.91 5356 Alamitos Street Residential 296.93 20.00 50.00 366.93 5366 Alamitos Street Residential 297.60 20.00 50.00 367.60 5634 Alamitos Street Residential 298.11 20.00 50.00 368.11 4587 Allesandro Street Residential 293.31 20.00 50.00 363.31 9757 Amherst Avenue Residential 296.92 20.00 50.00 366.92 9910 Amherst Avenue Residential 296.93 20.00 50.00 366.93 9960 Amherst Avenue Residential 347.76 20.00 50.00 417.76 10065 Amherst Avenue Residential 208.83 20.00 50.00 278.83 5363 Arrow Hwy Commercial 421.90 20.00 50.00 491.90
5105 Aspen Drive Residential 415.38 20.00 50.00 485.38
9824 Bel Air Avenue Residential 210.03 20.00 50.00 280.03 9909 Bel Air Avenue Residential 309.91 20.00 50.00 379.91 9950 Bel Air Avenue Residential 296.92 20.00 50.00 366.92 10036 Bel Air Avenue Residential 290.64 20.00 50.00 360.64 10045 Bel Air Avenue Residential 373.77 20.00 50.00 443.77 4435 Benito Street Residential 300.71 20.00 50.00 370.71 4460 Benito Street Residential 296.93 20.00 50.00 366.93 4553 Benito Street Residential 415.38 20.00 50.00 485.38 4824 Benito Street Residential 291.06 20.00 50.00 361.06 5233 Benito Street Senior 266.86 20.00 50.00 336.86
5429 Benito Street Residential 296.93 20.00 50.00 366.93 5598 Benito Street Residential 326.28 20.00 50.00 396.28 9384 Benson Avenue Residential 288.61 20.00 50.00 358.61 10034 Benson Avenue Residential 352.92 20.00 50.00 422.92 4729 Berkeley Street Residential 252.68 20.00 50.00 322.68 4797 Berkeley Street Residential 200.38 20.00 50.00 270.38 4843 Berkeley Street Residential 297.00 20.00 50.00 367.00 9543 Bolton Avenue Residential 264.52 20.00 50.00 334.52 9598 Bolton Avenue Residential 296.93 20.00 50.00 366.93 4541 Bonnie Brae Street Residential 296.93 20.00 50.00 366.93 4599 Bonnie Brae Street Residential 402.69 20.00 50.00 472.69 5455 Bonnie Brae Street Residential 264.52 20.00 50.00 334.52 5544 Bonnie Brae Street Residential 320.62 20.00 50.00 390.62 9851 Camarena Avenue Residential 296.93 20.00 50.00 366.93 4443 Cambridge Street Residential 299.42 20.00 50.00 369.42 4853 Cambridge Street Residential 297.04 20.00 50.00 367.04 5383 Cambridge Street Residential 290.38 20.00 50.00 360.38 5438 Cambridge Street Residential 297.18 20.00 50.00 367.18 5448 Cambridge Street Residential 271.58 20.00 50.00 341.58 5470 Cambridge Street Residential 297.04 20.00 50.00 367.04 5471 Cambridge Street Residential 296.93 20.00 50.00 366.93 5591 Cambridge Street Residential 278.81 20.00 50.00 348.81 9151 Camulos Avenue Residential 297.13 20.00 50.00 367.13 9242 Camulos Avenue Residential 310.87 20.00 50.00 380.87 9243 Camulos Avenue Residential 296.93 20.00 50.00 366.93 9426 Camulos Avenue Residential 325.91 20.00 50.00 395.91 MONTCLAIR CITY COUNCIL MEETING – 03/06/2023 Page 28 of 40 Exhibit A to Resolution No. 23–3400
Report of Delinquent Civil Debts – March 2023

Street
No. Street Account
Type Delinquency Release of
Lien Fee Lien Fee Total Lien
Amount
9511 Camulos Avenue Residential 326.29 20.00 50.00 396.29 9540 Camulos Avenue Residential 340.70 20.00 50.00 410.70 9737 Camulos Avenue Residential 264.52 20.00 50.00 334.52 9787 Camulos Avenue Residential 267.24 20.00 50.00 337.24 9829 Camulos Avenue Residential 415.77 20.00 50.00 485.77 9877 Camulos Avenue Residential 326.29 20.00 50.00 396.29 5666 Caroline Street Residential 297.04 20.00 50.00 367.04 9845 Central Avenue Residential 415.38 20.00 50.00 485.38 9855 Central Avenue Residential 296.93 20.00 50.00 366.93 9926 Central Avenue Residential 248.23 20.00 50.00 318.23 9795 Coalinga Avenue Residential 296.93 20.00 50.00 366.93 9824 Coalinga Avenue Residential 272.66 20.00 50.00 342.66 9477 Del Mar Avenue Residential 338.30 20.00 50.00 408.30 4325 Denver Street Residential 264.52 20.00 50.00 334.52 4405 Denver Street Residential 326.28 20.00 50.00 396.28 4455 Denver Street Residential 309.91 20.00 50.00 379.91 4456 Denver Street Residential 410.70 20.00 50.00 480.70 4986 Denver Street Residential 501.63 20.00 50.00 571.63 5579 Denver Street Residential 211.81 20.00 50.00 281.81 5616 Denver Street Residential 296.93 20.00 50.00 366.93 5626 Denver Street Residential 326.32 20.00 50.00 396.32 5562 Deodar Street Residential 264.52 20.00 50.00 334.52 5168 El Morado Street Residential 333.06 20.00 50.00 403.06 5357 El Morado Street Senior 447.06 20.00 50.00 517.06
5429 El Morado Street Residential 296.93 20.00 50.00 366.93 9463 Exeter Avenue Residential 448.68 20.00 50.00 518.68 9321 Felipe Avenue Residential 264.52 20.00 50.00 334.52 9367 Felipe Avenue Residential 415.38 20.00 50.00 485.38 9410 Felipe Avenue Residential 296.90 20.00 50.00 366.90 9793 Felipe Avenue Senior 266.79 20.00 50.00 336.79
9874 Felipe Avenue Residential 445.96 20.00 50.00 515.96 9020 Fremont Avenue Senior 296.24 20.00 50.00 366.24
9729 Fremont Avenue Residential 293.31 20.00 50.00 363.31 9812 Fremont Avenue Residential 236.95 20.00 50.00 306.95 9823 Fremont Avenue Residential 296.93 20.00 50.00 366.93 9985 Geneva Avenue Residential 296.92 20.00 50.00 366.92 4328 Granada Street Residential 296.93 20.00 50.00 366.93 4426 Granada Street Residential 273.90 20.00 50.00 343.90 4948 Granada Street Residential 316.49 20.00 50.00 386.49 5434 Granada Street Residential 223.42 20.00 50.00 293.42 9627 Greenwood Avenue Residential 296.88 20.00 50.00 366.88 9934 Greenwood Avenue Residential 278.23 20.00 50.00 348.23 4376 Harvard Street Residential 296.92 20.00 50.00 366.92 4418 Harvard Street Residential 296.93 20.00 50.00 366.93 5141-43 Harvard Street Multifamily 593.79 20.00 50.00 663.79 4568 Hawthorne Street Residential 297.03 20.00 50.00 367.03 5553 Hawthorne Street Residential 226.34 20.00 50.00 296.34 MONTCLAIR CITY COUNCIL MEETING – 03/06/2023 Page 29 of 40 Exhibit A to Resolution No. 23–3400
Report of Delinquent Civil Debts – March 2023

Street
No. Street Account
Type Delinquency Release of
Lien Fee Lien Fee Total Lien
Amount
9743 Helena Avenue Senior 342.53 20.00 50.00 412.53
9761 Helena Avenue Residential 390.80 20.00 50.00 460.80 9834 Helena Avenue Residential 253.06 20.00 50.00 323.06 4702 Holt Blvd. Commercial 1,865.61 20.00 50.00 1,935.61 5190 Howard Street A & B Commercial 659.23 20.00 50.00 729.23 4585 James Street Senior 326.29 20.00 50.00 396.29
9756 Kimberly Avenue Residential 487.28 20.00 50.00 557.28 9765 Kimberly Avenue Residential 507.18 20.00 50.00 577.18 9844 Kimberly Avenue Residential 264.52 20.00 50.00 334.52 9877 Kimberly Avenue Residential 442.83 20.00 50.00 512.83 9744 Lehigh Avenue Residential 293.31 20.00 50.00 363.31 10042 Lindero Avenue Residential 309.91 20.00 50.00 379.91 10086 Lindero Avenue Residential 201.88 20.00 50.00 271.88 9527 Marion Avenue Residential 296.93 20.00 50.00 366.93 9547 Marion Avenue Residential 296.93 20.00 50.00 366.93 9325 Mills Avenue Multifamily 215.53 20.00 50.00 285.53 9595 Mills Avenue Residential 326.28 20.00 50.00 396.28 9745 Mills Avenue Residential 604.47 20.00 50.00 674.47 9721 Monte Vista Avenue Residential 256.26 20.00 50.00 326.26 5608 Moreno Street Residential 264.52 20.00 50.00 334.52 4613 Olive Street Residential 301.07 20.00 50.00 371.07 4644 Olive Street Residential 344.34 20.00 50.00 414.34 4872 Olive Street Residential 234.86 20.00 50.00 304.86 4245 Orchard Street Residential 264.52 20.00 50.00 334.52 4771 Orchard Street Residential 309.91 20.00 50.00 379.91 4779 Orchard Street Senior 266.82 20.00 50.00 336.82
5032 Orchard Street Residential 277.17 20.00 50.00 347.17 5582 Orchard Street Residential 220.64 20.00 50.00 290.64 5640 Orchard Street Residential 424.60 20.00 50.00 494.60 5690 Orchard Street Residential 296.93 20.00 50.00 366.93 5619 Palo Verde Street Residential 1,083.50 20.00 50.00 1,153.50 9633 Poulsen Avenue Residential 430.90 20.00 50.00 500.90 9925 Poulsen Avenue Residential 296.93 20.00 50.00 366.93 9935 Poulsen Avenue Residential 290.64 20.00 50.00 360.64 9375 Pradera Avenue Residential 1,312.32 20.00 50.00 1,382.32 4426 Princeton Street Residential 298.50 20.00 50.00 368.50 4467 Princeton Street Residential 297.04 20.00 50.00 367.04 9060 Ramona Avenue Residential 296.83 20.00 50.00 366.83 9090 Ramona Avenue Residential 315.52 20.00 50.00 385.52 9109 Ramona Avenue Residential 315.42 20.00 50.00 385.42 9587 Ramona Avenue Residential 297.04 20.00 50.00 367.04 9706 Ramona Avenue Residential 233.12 20.00 50.00 303.12 9801 Ramona Avenue Senior 282.17 20.00 50.00 352.17
9248 Ramona Avenue Residential 308.58 20.00 50.00 378.58 9324 Rose Avenue Residential 448.57 20.00 50.00 518.57
9413 Rose Avenue Residential 355.63 20.00 50.00 425.63
9434 Rose Avenue Residential 296.93 20.00 50.00 366.93
MONTCLAIR CITY COUNCIL MEETING – 03/06/2023 Page 30 of 40 Exhibit A to Resolution No. 23–3400
Report of Delinquent Civil Debts – March 2023

Street
No. Street Account
Type Delinquency Release of
Lien Fee Lien Fee Total Lien
Amount
9720 Rose Avenue Residential 326.29 20.00 50.00 396.29
9734 Rose Avenue Residential 340.72 20.00 50.00 410.72
9866 Rose Avenue Senior 266.87 20.00 50.00 336.87
9966 Rose Avenue Residential 296.92 20.00 50.00 366.92
4683 Rosewood Street Residential 297.04 20.00 50.00 367.04 5361 Rosewood Street Residential 296.93 20.00 50.00 366.93 5401 Rosewood Street Residential 250.16 20.00 50.00 320.16 11076 Roswell Avenue Residential 328.06 20.00 50.00 398.06 11134 Roswell Avenue Residential 204.60 20.00 50.00 274.60 4164 Rudisill Street Residential 296.92 20.00 50.00 366.92 4245 Rudisill Street Residential 296.86 20.00 50.00 366.86 4300 Rudisill Street Residential 319.17 20.00 50.00 389.17 5452 Rudisill Street Residential 446.69 20.00 50.00 516.69 4711 San Bernardino Street Residential 296.93 20.00 50.00 366.93 4749 San Bernardino Street Residential 296.92 20.00 50.00 366.92 4843 San Bernardino Street Residential 295.16 20.00 50.00 365.16 4844 San Bernardino Street Residential 326.28 20.00 50.00 396.28 5216 San Bernardino Street Residential 296.87 20.00 50.00 366.87 5489 San Bernardino Street Residential 252.82 20.00 50.00 322.82 5412 San Jose Street Residential 319.78 20.00 50.00 389.78 5422 San Jose Street Residential 326.28 20.00 50.00 396.28 5453 San Jose Street Residential 264.52 20.00 50.00 334.52 4424 San Jose Street #05 Residential 296.91 20.00 50.00 366.91 4424 San Jose Street #18 Residential 409.74 20.00 50.00 479.74 4424 San Jose Street #20 Residential 415.38 20.00 50.00 485.38 4424 San Jose Street #24 Residential 415.38 20.00 50.00 485.38 4424 San Jose Street #27 Residential 296.93 20.00 50.00 366.93 4622 San Jose Street O Residential 328.90 20.00 50.00 398.90 4622 San Jose Street R Residential 361.24 20.00 50.00 431.24 4622 San Jose Street W Residential 328.49 20.00 50.00 398.49 9820 Santa Anita Avenue Residential 295.91 20.00 50.00 365.91 9831 Santa Anita Avenue Residential 387.73 20.00 50.00 457.73 10016 Santa Anita Avenue Residential 264.92 20.00 50.00 334.92 9844 Steamboat Drive Residential 306.52 20.00 50.00 376.52 9514 Surrey Avenue Residential 316.76 20.00 50.00 386.76 9617 Surrey Avenue Residential 296.93 20.00 50.00 366.93 9793 Surrey Avenue Residential 278.23 20.00 50.00 348.23 9563 Tudor Avenue Residential 266.84 20.00 50.00 336.84 9773 Tudor Avenue Residential 326.28 20.00 50.00 396.28 9806 Vernon Avenue Senior 237.76 20.00 50.00 307.76
10027 Vernon Avenue Residential 298.42 20.00 50.00 368.42 5174 Village Drive Residential 282.67 20.00 50.00 352.67 4878 Yale Street Residential 400.71 20.00 50.00 470.71
5405 Yale Street Residential 298.65 20.00 50.00 368.65
$61,751.28 $3,700.00 $9,250.00 $74,701.28
MONTCLAIR CITY COUNCIL MEETING – 03/06/2023 Page 31 of 40 Personnel Committee Minutes – February 21, 2023 Page 1 of 1

MINUTES OF THE MEETING OF THE MONTCLAIR

PERSONNEL COMMITTEE HELD ON TUESDAY,
FEBRUARY 21, 2023, AT 6:29 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 6:29 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 February 6, 2023.

Moved by Council Member Ruh, seconded by Mayor Pro Tem
Johnson, and carried unanimously to approve the minutes of the Personnel Committee meeting on February 6, 2023.

IV. PUBLIC COMMENT – None
V. CLOSED SESSION
At 6:30 p.m., the Personnel Committee went into Closed Session regarding personnel matters related to appointments, resignations/ terminations, and evaluations of employee performance.

At 6:40 p.m., the Personnel Committee returned from Closed Session.

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

VI. ADJOURNMENT
At 6:40 p.m., Mayor Pro Tem Johnson adjourned the Personnel Committee.

Submitted for Personnel Committee approval,
Edward C. Starr
City Manager
MONTCLAIR CITY COUNCIL MEETING – 03/06/2023 Page 32 of 40

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – February 21, 2023 Page 1 of 7

MINUTES OF THE REGULAR JOINT MEETING OF THE MONTCLAIR

CITY COUNCIL, SUCCESSOR AGENCY AND MONTCLAIR HOUSING

CORPORATION BOARDS, MONTCLAIR HOUSING AUTHORITY

COMMISSION, AND MONTCLAIR COMMUNITY FOUNDATION
BOARD HELD ON TUESDAY, FEBRUARY 21, 2023 AT 7:00 P.M. IN THE CITY COUNCIL CHAMBERS, 5111 BENITO STREET,

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

II. INVOCATION
Montclair Police Chaplain and Pastor Joe McTarsney, Calvary Montclair, 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 and Martinez
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 Public Works/City Engineer Heredia; City Attorney Robbins; City Clerk Myrick

Absent: Council Member Lopez (excused)
V. PRESENTATIONS
A. Police Department Citizen Valor Award Presented to Vincent Duarte
Executive Director of Public Safety/Police Chief Avels, presented a Citizen Valor Award Certificate and Badge to Vincent Duarte for his heroic actions that saved the life of a Montclair High School student.

Mayor Dutrey presented Mr. Duarte with a Certificate of Recognition on behalf of the City of Montclair.

Representatives from the offices of U. S. Representative Norma Torres and California State Assemblymember Freddie Rodriguez presented Mr. Duarte with Certificates of Recognition, and Mayor Pro Tem Johnson presented him with a Certificate of Recognition on behalf of San Bernardino County Fourth District Supervisor Curt Hagman.

VI. PUBLIC COMMENT
 Ruby Long, Field Representative for San Bernardino County Fourth District Supervisor Curt Hagman, announced the Supervisor’s Office, in partnership with the City of Montclair, is hosting a free document shredding event at City Hall on Saturday, March 11, 2023, from 9:00 a.m. to noon. She also commended Mr. Duarte for his courage.
 Nita L. Watson, owner of The Self Care Lab, a local boxing club, proposed hosting a 5K run event in Montclair during Mental Health Awareness Month in May. She spoke on the importance of providing positive outlets for the children who reside in Montclair in order to benefit their mental health and mentioned safety concerns surrounding her business.

MONTCLAIR CITY COUNCIL MEETING – 03/06/2023 Page 33 of 40

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – February 21, 2023 Page 2 of 7  Gladstone Rennie, representative of Berkshire United, introduced a program he is working on, The Next Gen Apprenticeship Program, which aims to bring positive opportunities to young men in the community. The intention of the program is to motivate youth to learn new skills in trades such as construction, and motivate those who participate to develop career goals.
 Bill Kaufman spoke in support of legalizing commercial cannabis activities in the City. He provided projections of the taxes he believed the City could earn through these commercial businesses.  Bruce Culp, resident, thanked Mr. Duarte for his heroism and bravery in saving a fellow Montclair resident’s life.
 Edward Gomez, resident, spoke on behalf of Home Owners’ Associations within the City, and their concerns about people speeding on the streets at night. He would like these concerns addressed, potentially by adding street lights and additional police patrols for the area.
 Chris Craig, Field Representative for Assemblymember Freddie Rodriguez, invited the City Council and residents to an upcoming community swearing in ceremony occurring at their Chino District Office on Saturday, March 11, 2023, from 11:00 a.m. to 1:00 p.m.

VII. PUBLIC HEARINGS — None
VIII. CONSENT CALENDAR
City Manager Starr requested Item C–2 be approved with a revision to staff’s recommendation.

ACTION – Consent Calendar
ACTING: City Council
Successor Agency Board
Montclair Housing Corporation Board
Montclair Housing Authority Commissioners
Montclair Community Foundation Board
MOTION: Approve Item C–2 as amended by staff, and approve the remainder of the Consent Calendar as presented.

MADE BY:

SECOND BY:

Council Member/Director Ruh
Council Member/Director Martinez
AYES:

NOES:

ABSTAIN:

ABSENT:

Martinez, Ruh, Johnson, Dutrey
None
None
Lopez
RESULT: Motion carried 4–0–1.

A. Approval of Minutes

1. Regular Joint Meeting — February 6, 2023
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 4–0–1 (Lopez absent).

MONTCLAIR CITY COUNCIL MEETING – 03/06/2023 Page 34 of 40

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – February 21, 2023 Page 3 of 7 B. Administrative Reports

1. Consider Receiving and Filing City Treasurer's Report – January 2023
ACTION – Consent Calendar – Item B–1
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez absent).

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 4–0–1 (Lopez absent).

3. Consider Receiving and Filing SA Treasurer’s Report – January 2023
ACTION – Consent Calendar – Item B–3
ACTING: Successor Agency Board
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez absent).

4. Consider Approval of SA Warrant Register – January 2023 ACTION – Consent Calendar – Item B–4
ACTING: Successor Agency Board
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez absent).

5. Consider Receiving and Filing MHC Treasurer's Report – January 2023
ACTION – Consent Calendar – Item B–5
ACTING: Montclair Housing Corporation Board
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez absent).

6. Consider Approval of MHC Warrant Register – January 2023 ACTION – Consent Calendar – Item B–6
ACTING: Montclair Housing Corporation Board
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez absent).

7. Consider Receiving and Filing of MHA Treasurer's Report – January 2023
ACTION – Consent Calendar – Item B–7
ACTING: Montclair Housing Authority Commissioners
MONTCLAIR CITY COUNCIL MEETING – 03/06/2023 Page 35 of 40

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – February 21, 2023 Page 4 of 7 ACTION – Consent Calendar – Item B–7
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez absent).

8. Consider Approval of MHA Warrant Register – January 2023 ACTION – Consent Calendar – Item B–8
ACTING: Montclair Housing Authority Commissioners
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez absent).

9. Consider Approval of the Filing of a Notice of Completion with the San Bernardino County Recorder for the CDBG
Target Area Alley Improvement Project Constructed By
Gentry Brothers, Inc.

Consider Authorizing the Release of Retention of the
Payment Bond 30 Days After Recordation of the Notice of Completion
ACTION – Consent Calendar – Item B–9
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez absent).

10. Consider Authorizing Replacement of the Evaporative Cooler Section of the Police Department Shooting Range
Ventilation System
ACTION – Consent Calendar – Item B–10
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez absent).

11. Consider Authorizing a $1600 Appropriation from the Federal Asset Forfeiture Fund to Purchase Badges for NonSworn Police Department Personnel ACTION – Consent Calendar – Item B–11
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez absent).

12. Consider Approval of the Purchase of Replacement
Equipment for the Recreation Center Weight Room from
Complete Gym Solutions
ACTION – Consent Calendar – Item B–12
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez absent).

MONTCLAIR CITY COUNCIL MEETING – 03/06/2023 Page 36 of 40

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – February 21, 2023 Page 5 of 7 C. Agreements

1. Consider Approval of Agreement Nos. 23–06, 23–07, and 23–08 with Montclair Little League and Golden Girls Softball League for Use of Ball Field Facilities, Subject to Any Revisions Deemed Necessary by the City Attorney
ACTION – Consent Calendar – Item C–1
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez absent).

2. Consider Award of Contract to Pub Construction, Inc., in the Amount of $5,461,739.03 for Construction of the Reeder
Ranch Park Project
Consider Approval of Agreement No. 23–11 with PUB
Construction, Inc., for Construction of the Reeder Ranch Park Project, Subject to Any Revisions Deemed Necessary by the City Attorney
Consider Authorizing an Additional $900,000 Appropriation from 2021 Lease Revenue Bond Funds for Construction of
the Reeder Ranch Park
Consider Authorizing of a $575,260.97 Construction
Contingency for Construction of the Reeder Ranch Park
Project
City Manager Starr indicated a revised agenda report was distributed in relation to this item with revisions to the recommendation.

ACTION – Consent Calendar – Item C–2
ACTING: City Council
MOTION: Approve with revisions to recommendation as
follows:

1. Authorize an additional $900,000
$1,417,243 appropriation from 2021
Lease Revenue Bond funds for
construction of the Project; and

2. Authorize a $575,260.97 $546,174
Construction Contingency for construction
of the Reeder Ranch Park Project.

RESULT: Approved on Consent Calendar; motion
carried 4–0–1 (Lopez absent).

3. Consider Approval of Agreement No. 23–12 with Action Target, Inc., for the Purchase of an Upgraded Target System in the Police Department Firearms Shooting Range, Subject to Any Revisions Deemed Necessary by the City Attorney
Consider Authorizing a $90,800 Appropriation from the
Federal Asset Forfeiture Fund to Purchase the Upgraded
Target System from Action Target, Inc.

ACTION – Consent Calendar – Item C–3
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez absent).

MONTCLAIR CITY COUNCIL MEETING – 03/06/2023 Page 37 of 40

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – February 21, 2023 Page 6 of 7

4. Consider Approval of Agreement No. 23–13 Amending
Agreement No. 20–41 with San Bernardino County
Transportation Authority for Phase II of the Montclair
Metrolink Transcenter Accessibility Improvement Project, Subject to Any Revisions Deemed Necessary by the City
Attorney
Mayor Pro Tem Johnson received clarification regarding the change to the project involving the removal of restrooms from the Pacific Electric Trail.

ACTION – Consent Calendar – Item C–4
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez absent).

5. Consider Approval of Agreement No. 23–14 with the City of Ontario for the Purchase of Unused Recycled Water Base
Entitlement
Consider Authorizing City Manager Edward C. Starr to Sign Said Agreement
ACTION – Consent Calendar – Item C–5
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez absent).

D. Resolutions — None
IX. PULLED CONSENT CALENDAR ITEMS — None
X. COUNCIL WORKSHOP
A. Fiscal Year 2022–23 Midyear Budget Review
The City Council continued this presentation to an adjourned meeting on Wednesday, February 22, 2023, at 6:00 p.m. in the City Council Chambers.

XI. COMMUNICATIONS
A. Department Reports

1. Human Services Department — Upcoming Events & Programs Director of Human Services Richter provided information on upcoming programs and events including the application period for the Veterans’ Memorial Wall, the Montclair After–School Program’s (MAP) Third Annual Art Show to be held in the Montclair Community Center on Thursday, March 2nd at
6:30 p.m., and a community meeting taking place on March 14th from 6:00 to 7:00 p.m. in the Senior Center for the Montclair Parks & Recreation Master Plan.

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
Property: APN 1010–281–11–0000
Negotiating Parties: City of Montclair and Tessier D Living Trust Agency Negotiator: Edward C. Starr, City Manager
Under Negotiations: Recommendations Regarding Purchase Price MONTCLAIR CITY COUNCIL MEETING – 03/06/2023 Page 38 of 40

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – February 21, 2023 Page 7 of 7

2. Closed Session Pursuant to Government Code Section
54956.8 Regarding Real Property Negotiations
Property: APN 1009–273–25–0000
Negotiating Parties: City of Montclair and Andrea Monique Meneses Agency Negotiator: Edward C. Starr, City Manager
Under Negotiations: Recommendations Regarding Purchase Price C. City Manager/Executive Director — No comments
D. Mayor/Chair

1. Mayor Dutrey reported on the Christian Development Center’s First Annual Black History Month Fair held earlier this month, which was also attended by Congresswoman Torres;
commended Police Department personnel for their investigative work on the recent Montclair Place shooting incident; and stated he attended a tour hosted by the Chino Basin Water Conservation District where he learned the difference between the San Antonio creek and man–made channel.

E. Council Members/Directors

1. Council Member/Director Ruh recognized the Black History Month event held at the Christian Development Center where he gave a presentation on the Green Book used by African Americans in the 1950s and 1960s to aid them in finding lodging and restaurants that served African American patrons while traveling; and noted his attendance at the swearing–in ceremony for Senator Susan Rubio.

2. Mayor Pro Tem/Vice Chair Johnson recognized the City’s efforts in making the Black History Month event held at the Christian Development Center a success and thanked Council Member Ruh for his Green Book presentation at the event.

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

1. Personnel Committee – February 6, 2023
XII. CLOSED SESSION
At 7:50 p.m., the City Council went into closed session to discuss real property negotiations.

XIII. CLOSED SESSION ANNOUNCEMENTS
At 8:04 p.m., the City Council returned from closed session. Mayor Dutrey announced that the City Council met in closed session to discuss real property negotiations; information was received on both properties and direction was given to staff in relation to APN 1009–273–25–0000; and no further announcements would be made at this time.

XIV. ADJOURNMENT
At 8:05 p.m., the Successor Agency Board, Montclair Housing Corporation Board, Montclair Housing Authority Commission, and Montclair Community Foundation Board were adjourned, and the City Council was adjourned to Wednesday, February 22, 2023 at 6:00 p.m. in the City Council Chambers for the Midyear Budget Review.

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

Andrea Myrick,
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 03/06/2023 Page 39 of 40

PENDING

APPROVAL
City Council Adjourned Meeting Minutes – February 22, 2023 Page 1 of 1

MINUTES OF THE ADJOURNED MEETING OF THE MONTCLAIR
CITY COUNCIL HELD ON WEDNESDAY, FEBRUARY 22, 2023, AT
6:00 P.M. IN THE CITY COUNCIL CHAMBERS, 5111 BENITO

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

II. ROLL CALL

Present: Mayor Dutrey; Mayor Pro Tem Johnson; Council Members Ruh and Martinez
City Manager Starr; Assistant City Manager/Director of Human Services Richter; Director of Finance Kulbeck; Executive Director of Public Safety/Police Chief Avels; Director of Public Works/City Engineer Heredia; City Clerk Myrick

Absent: Council Member Lopez (excused)
III. COUNCIL WORKSHOP
A. Fiscal Year 2022–23 Midyear Budget Review

1. Consider Review of the City's Fiscal Operations and Approval of Proposed Changes to the Fiscal Year 2022–23 Budget
Director of Finance Kulbeck reported the status of the City's financial operations at midyear, discussing specific changes to the City's Estimated Revenue and Appropriations Budgets; reviewing the City Manager’s recommended changes to the City’s General Operating Fund expenditures; and providing the status of Lease Revenue Bond project expenditures, in conjunction with the showing of a PowerPoint presentation.

Staff fielded questions from the City Council related to overtime budgets, staffing levels, and funding to complete Lease Revenue Bond projects.

Bruce Culp, resident, commended the City Council and staff for its work on the budget and operating within the City’s means and questioned the excessive City Attorney budget expenditures.

ACTION – Council Workshop – Item A
ACTING: City Council
MOTION: Consider the City’s Midyear Budget Review
documents and approve proposed changes to both
revenues and appropriations for the Fiscal Year
2022–23 Budget.

MADE BY:

SECOND BY:

Mayor Pro Tem Johnson
Council Member Ruh
AYES:

NOES:

ABSTAIN:

ABSENT:

Martinez, Ruh, Johnson, Dutrey
None
None
Lopez
RESULT: Motion carried 4–0–1.

IV. PUBLIC COMMENT — None
V. ADJOURNMENT
At 6:32 p.m., the City Council was adjourned.

Submitted for City Council approval,

Andrea M. Myrick
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 03/06/2023 Page 40 of 40