actions, omissions to act, negligence or intentional conduct is or was authorized by this Agreement or not. City assumes no responsibility whatsoever for any property placed on the premises of City. Contractor further agrees to waive all rights of subrogation against the Indemnified Parties.
(e) Non-Waiver and Non-Exhaustion of City’s Further Rights and Remedies. No aspect of this provision shall in any way limit or effect the rights of the Indemnified Parties against the Contractor under the terms of this Agreement or otherwise. The indemnification provisions shall apply regardless of whether this Agreement is executed after Contractor begins the work and shall extend to claims arising after this Agreement is performed or terminated, including a dispute as to the termination of Contractor. The indemnity obligations of Contractor shall continue until it is determined by final judgment that the claim against the City and any Indemnified Parties is determined by final judgment and after exhaustion of any rights of appeal. Further, no aspect of this provision shall impact the City’s rights to contribution from Contractor, or for the City to dispute Contractor’s refusal to defend and indemnify City. (f) Limitations on Scope of Indemnity. Notwithstanding the foregoing, Contractor shall not be responsible for indemnification for claims or losses caused by the primary negligence or intentional wrongdoing of Indemnified Parties. Further, the indemnity provided shall be interpreted as broadly as permitted under California law and as to agreements between parties, and shall if required be reformed to be consistent with those laws to protect and save this provision for the protection of the Indemnified Parties. (g) The obligations of Contractor under this or any other provision of this Agreement shall not be limited by the provisions of any workers’ compensation act or similar act. The Contractor expressly waives any statutory immunity under such statutes or laws as to the Indemnified Parties. The Contractor’s indemnity obligation set forth in this Section 9 shall not be limited by the limits of any policies of insurance required or provided by the Contractor pursuant to this Agreement.
(h) The Contractor’s covenant under this Section 9 shall survive the expiration or termination of this Agreement.
10. INSURANCE
The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
(a) Types of Required Coverages
Without limiting the indemnity provisions of the Contract, the Contractor shall procure and maintain in full force and effect during the term of the Contract, the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so. (1) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 132 of 198 Agreement No. 23-36
“occurrence” form CG 00 01, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $20,000,000 per occurrence, and $25,000,000 in the aggregate.
(2) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1), including owned, non-owned and hired autos, or the exact equivalent, with minimum limits of $10,000,000 for bodily injury and property damage, each accident. If Contractor owns no vehicles, auto liability coverage may be provided by means of a non-owned and hired auto endorsement to the general liability policy. Automobile liability insurance and endorsements shall be kept in force at all times during the performance of this Agreement. (3) Workers’ Compensation: Workers’ Compensation Insurance, as required by the State of California and Employer’s Liability Insurance with a limit of not less than $1,000,000 each accident for bodily injury and $1,000,000 each employee for bodily injury by disease. (4) Professional Liability: Professional Liability insurance with limit of not less than $10,000,000 each claim. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusion that may potentially affect the work to be performed.
(b) Endorsements
Insurance policies shall not be in compliance if they include any limiting provision or endorsement. The insurance policies shall contain, or be endorsed to contain, the following provisions:
(1) Commercial General Liability
Additional Insured: The City, its elected officials, officers, employees, volunteers, boards, agents and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. Coverage for the additional insureds shall apply to the fullest extent permitted by law.
Additional Insured Endorsements shall not:
1. Be limited to “Ongoing Operations”
2. Exclude “Contractual Liability
3. Restrict coverage to the “Sole” liability of contractor
4. Exclude “Third-Party-Over Actions”
5. Contain any other exclusion contrary to the Agreement MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 133 of 198 Agreement No. 23-36
Additional Insured Endorsements shall be at least as broad as ISO Forms CG 20 10 11 85; or CG 20 and 10 and CG 2037.
Primary Insurance: This insurance shall be primary and any other insurance, whether primary, excess, umbrella or contingent insurance, including deductible, or self-insurance available to the insureds added by endorsement, shall be in excess of, and shall not contribute with, this insurance. Coverage shall be at least as broad as ISO CG 20 01 04 13. (2) Auto Liability
Additional Insured: The City, its elected officials, officers, employees, volunteers, boards, agents, and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the work or operations performed by or on behalf of the Contractor.
Primary Insurance: This insurance shall be primary and any other insurance whether primary, excess, umbrella or contingent insurance, including deductible, or self-insurance available to the insureds added by endorsement shall be in excess of and shall not contribute with this insurance.
(3) Workers’ Compensation
Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties. (c) Notice of Cancellation
Required insurance policies shall not be cancelled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (d) Waiver of Subrogation
Required insurance coverages shall not prohibit Contractor from waiving the right of subrogation prior to a loss. Contractor shall waive all rights of subrogation against the indemnified parties and policies shall contain or be endorsed to contain such a provision. This provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer.
(e) Evidence of Insurance
All policies, endorsements, certificates, and/or binders shall be subject to approval by the City as to form and content. These requirements are subject to amendment or waiver only if so approved in writing by the City. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 134 of 198 Agreement No. 23-36
insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
(f) Deductible or Self-Insured Retention
Any deductible or self-insured retention must be approved in writing by the City and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the Contractor or the City.
(g) Contractual Liability/Insurance Obligations
The coverage provided shall apply to the obligations assumed by the Contractor under the indemnity provisions of this Agreement. The insurance obligations under this Agreement shall be: (1) all the insurance coverage and/or limits carried by or available to the Contractor; or (2) the minimum insurance coverage requirements and/or limits shown in this Agreement; whichever is greater. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits, which are applicable to a given loss, shall be available to the City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of the Contractor under this Agreement.
(h) Failure to Maintain Coverage
Contractor agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City. The City shall have the right to withhold any payment due Contractor until Contractor has fully complied with the insurance provisions of this Contract. In addition, the City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may take out the necessary insurance and pay, at Contractor’s expense, the premium thereon.
In the event that the Contractor’s operations are suspended for failure to maintain required insurance coverage, the Contractor shall not be entitled to an extension of time for completion of the Work because of production lost during suspension. (i) Acceptability of Insurers
Each such policy shall be from a company or companies with a current A.M.
Best’s rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. Any other rating must be approved in writing in accordance with the City.
(j) Claims Made Policies
If coverage is written on a claims-made basis, the retroactive date on such insurance and all subsequent insurance shall coincide or precede the effective date of the initial Contractor’s Agreement with the City and continuous coverage shall be maintained or an extended reporting period shall be exercised for a period of at least five (5) years from termination or expiration of this Agreement.
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(k) Insurance for Subcontractors
Contractor shall be responsible for causing Subcontractors to purchase the same types and limits of insurance in compliance with the terms of this Agreement, including adding the City as an Additional Insured, providing Primary and NonContributory coverage and Waiver of Subrogation to the Subcontractors’ policies. The Commercial General Liability Additional Insured Endorsement shall be on a form at least as board as CG 20 38 04 13.
11. INDEPENDENT CONTRACTOR
(a) Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control and shall not be construed to be employees of City for any purpose, including eligibility under Public Employees Retirement Law. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor’s officers, employees, or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Contractor shall be solely responsible and hold the City harmless for all matters relating to the payment of Contractor’s employees, including compliance with Social Security withholdings and all other regulations governing such matters. (b) No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder.
12. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations, including compliance with CAL/OSHA requirements as may be applicable. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this Section.
13. UNDUE INFLUENCE
Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City of Montclair in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 136 of 198 Agreement No. 23-36
employee of the City of Montclair will receive compensation, directly or indirectly, from Contractor, or from any officer, employee or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.
Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.
14. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the project performed under this Agreement.
15. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a) All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor without City’s prior written authorization. Contractor, its officers, employees, agents, or subContractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, responses to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena.
(b) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subContractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, requests for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Contractor and/or be present at any deposition, hearing, or similar proceeding.
Contractor agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Contractor. However, City’s right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
(c) Contractor shall comply with all applicable federal, state and local Conflict of Interest laws, including the Political Reform Act (California Government Code, Section 81000, et. seq.) and California Government Code, Section 1090, et. seq. Contractor covenants that neither he/she nor any office or principal of their firm have any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder. Contractor further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent or subContractor. Contractor further covenants that Contractor has not contracted with nor is performing any services, directly or indirectly, with any developer(s) and/or property owner(s) and/or firm(s) and/or MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 137 of 198 Agreement No. 23-36
partnership(s) owning property in the City or the study area and further covenants and agrees that Contractor and/or its subContractors shall provide no service or enter into any agreement or agreements with a/any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area prior to the completion of the work under this Agreement. Further, Contractor covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to the City as a result of the performance of this Agreement, or the services that may be procured by the City as a result of the recommendations made by the Contractor. The Contractor’s covenant under this Section shall survive the termination of this Agreement.
16. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:
To City: City of Montclair
Attn: Monica Heredia
5111 Benito Street
Montclair, CA 91763
To Contractor: West Coast Arborists
Attn: Patrick Mahoney
2200 E. Via Burton
Anaheim, CA 92806
17. ASSIGNMENT AND SUBCONTRACTING
The Contractor shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, nor any monies due hereunder, without prior written consent of the City. The City’s consent to an assignment of rights under this Agreement shall not release the Contractor from any of its obligations or alter any of its obligations to be performed under this Agreement. Any attempt at assignment or delegation by the Contractor in violation of this Section 17 shall be void and of no legal effect and shall constitute grounds to terminate this Agreement for cause. The Contractor shall not subcontract any performance required under this Agreement without the City’s prior written consent.
18. LICENSES
At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement, including a City of Montclair business license.
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19. 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.
20. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material.
21. CONTENTS OF REQUEST FOR PROPOSALS – Not applicable.
22. CONFIDENTIALITY
Information and materials obtained by the Contractor from City during the performance of this Agreement shall be treated as strictly confidential and shall not be used by the Contractor for any purpose other than the performance of this Agreement.
Contractor’s covenant under this Section shall survive the expiration or termination of this Agreement.
23. DISCRIMINATION
The Contractor agrees that no person shall be excluded from employment in the performance of this Agreement on grounds of race, creed, color, sex, age, marital status, or place of national origin. In this connection, the Contractor agrees to comply with all County, State and Federal laws relating to equal employment opportunity rights.
24. EFFECT OF PARTIAL INVALIDITY
If any term or provision of this Agreement shall be held invalid or unenforceable, the remainder of this Agreement and any application of the terms shall remain valid and enforceable under this Agreement or California law.
25. CLAIMS AGAINST CITY
Contractor must comply with the claim procedures set forth in Government Code sections 900, et. seq., and/or Montclair Municipal Code, Chapter 1.16, as applicable, prior to filing any lawsuit against the City. Such claims and any subsequent lawsuit based upon the claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.
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26. EXHIBITS; PRECEDENCE
All documents reference as exhibits in this Agreement are hereby incorporated into this Agreement by this reference. In the event of any inconsistency between the express provisions of this Agreement and any provision of an exhibit, the provisions of this Agreement, then the City’s request for proposals, if any, shall prevail.
27. NO THIRD PARTY BENEFICIARIES
This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.
28. COST OF LITIGATION
If any legal action is necessary to enforce any provision of this Agreement or for damages by reason of an alleged breach of any provisions of this Agreement (whether in contract, tort or both), the prevailing Party shall be entitled to receive from the losing Party all attorneys’ fees, costs and expenses in such amount as the courts may determine to be reasonable. In awarding the cost of litigation, the court shall not be bound by any court fee schedule, but shall, if it is in the interest of justice to do so, award the full amount of costs, expenses and attorneys’ fees paid or incurred in good faith.
29. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Contractor warrants and represents that he/she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.
30. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY
City of Montclair
CONTRACTOR
West Coast Arborists, Inc.
A Municipal Corporation A California Corporation
By: By:
Javier John Dutrey, Mayor Patrick Mahoney, President
Date: Date:
Attest:
By: By:
Andrea M. Myrick, City Clerk Victor Gonzalez, V.P., Marketing Date: Date:
Approved as to Form:
By:
Diane E. Robbins, City Attorney
Date:
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EXHIBIT A
A. Scope of Work
The work shall consist of furnishing all materials, labor, equipment, and incidentals necessary for pruning and removal of street and park trees in accordance with the Contractor's request for proposals.
1. WORKING HOURS: All work shall be performed between the hours of 7:00 a.m. and 5:00 p.m. weekdays. No weekend or holiday work shall be permitted unless authorized by the Public Works Superintendent.
2. PUBLIC SAFETY AND COOPERATION: All work shall be conducted in such a manner as to cause the least possible interference with, or annoyance to others and maintain safe conditions at all times while work operation are in progress.
3. INSPECTION BY THE CITY: The City shall inspect all work performed under this contract for compliance to the specifications and report any deficiencies to the Contractor.
4. DAMAGE TO PROPERTY: The Contractor shall not damage any public or private property as a result of the work specified. Any damage resulting from the Contractor's work shall be repaired, restored or replaced in kind within twenty–four (24) hours.
5. CERTIFIED ARBORIST: The Contractor shall employ a full–time, permanent Certified Arborist, as accredited by the International Society of Arboriculture at the time of proposal submittal, bid award and for the duration of the Agreement.
The Certified Arborist shall be responsible for the Contractor's employees performing the work as specified herein, daily inspections of the worksite, and supervision of the Contractor's employees. The Certified Arborist shall represent the Contractor regarding any disputes that may arise with the City, public, and the Contractor's employees.
6. WORKMANSHIP: All work shall be completed in a timely and workmanlike manner. The Contractor shall provide qualified tree workers trained according to the tree care standards accepted by the International Society of Arboriculture and the National Arborists Association.
All work shall be performed in a safe manner in compliance with the American National Safety Institute, Z133.1 Safety Standards for Tree Care Operations, as published by American National Safety Institute, Inc., 1430 Broadway, New York, New York 10018.
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The Contractor shall provide qualified tree workers certified to perform tree work near energized primary and secondary electrical distribution lines. The Contractor shall comply with the Electrical Safety Orders issued by the State of California Occupational Health and Safety Administration (Cal/OSHA) including all amendments and revisions.
7. MEASUREMENT AND PAYMENT: The unit prices called for in the Agreement shall be full compensation for all labor, materials, and equipment necessary to complete the work as specified
No further compensation shall be made unless authorized by the Public Works Superintendent or his designated representative.
8. NOTIFICATION TO RESIDENTS: The Contractor shall notify all affected residents and businesses of tree pruning and removal operations twenty– four (24) hours before the start of work. The Contractor is responsible for posting "Temporary No Parking" signs at least twenty–four (24) hours before using any parking lanes for tree trimming operations. Every effort shall be made by the Contractor to minimize the duration of driveway blocking.
Further, the Contractor shall provide access to each residential or commercial establishment each evening.
9. TRAFFIC AND SAFETY REQUIREMENTS: Any contractor performing work in a public right–of–way or parks shall conduct the operations so as to cause the least possible obstruction and inconvenience to public traffic and pedestrians and take all necessary measures to maintain an adequate traffic flow to prevent accidents and to protect the worksite.
All traffic controls shall be in accordance with the Manual of Traffic Controls for Construction and Maintenance Work Zones published by State of California, Department of Transportation. All traffic devices, safety lights, and flagmen shall be provided by the Contractor.
The Contractor shall receive approval from the Public Works Superintendent prior to the partial or complete closure of any lanes, streets, or intersections.
B. Complete Tree Pruning Specifications
All trees shall be pruned only in such a manner as to maintain the natural structure, form, health, and appearance of the tree species. Tree pruning shall consist of the total removal of those dead and living branches that might compromise the health, strength, and natural form of the tree. Specifically, mature trees shall be pruned in such a manner as to:
1. Prevent branch and foliage interference with the requirements of safe public passage. Over residential streets, limbs shall be maintained gradually from eight (8) feet at the curb to seventeen (17) feet over traffic lanes. Over MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 143 of 198 Agreement No. 23-36
arterial streets, limbs shall be maintained at a maximum height of fourteen (14) feet from grade to wood.
Over sidewalks, limbs shall be maintained at a height of seven (7) feet from the grade to wood.
2. Remove all dead and dying branched and branch stubs that are ½ inch or larger.
3. Remove all broken or loose braches.
4. Remove any live branches that interfere with the tree's structural strength and healthful development, which will include the following:
Limbs that rub and abrade a more important branch.
Limbs of weak structure that are not important to the framework of the tree.
Limbs that, if allowed to grow, would wedge apart the junction of more important branches.
Branches near the end of a limb that will produce more weight or offer more resistance to wind that the limb are able to support. Undesirable sucker and water sprout growth giving specific attention not to nick or damage the sprout "burl."
Selective removal of one or more developing leaders where multiple branch growth exists near the end of broken or stubbed limbs. Selective removal of limbs obstructing buildings or other structures, streetlights or traffic signs.
5. Cut back ends of branches and reduce weight where excessive overburden appears likely to result in breakage of supporting limbs.
6. On mature trees only, clear water sprout or sucker growth to a minimum height of eight (8) feet above ground level.
7. Maintain a balanced appearance when viewed from the opposite side of the street immediately opposite the tree.
8. Remove all vines entwined in trees and on tree trunks. Vine tendrils shall be removed without injury to the trees.
9. Clear all branches and foliage within four (4) to six (6) feet of primary electrical lines.
10. When pruning cuts are made to a side limb, the remaining limb shall possess a basal thickness of at least one third the diameter of the cut. Such cuts shall be considered proper only when the remaining limb is vigorous enough to maintain adequate foliage to produce wood growth capable of callusing the pruning cut within a reasonable amount of time.
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11. All final pruning cuts shall be made in such a manner so as to favor the earliest possible covering of the wound by natural callus growth. Flush cuts shall be made and the branch collar shall not be removed.
12. Tree limbs shall be removed and controlled in such a manner as to cause no damage to other parts of the tree, or to other plants or property.
13. All tools used on a tree known to contain an infectious tree disease shall be properly disinfected immediately before and after completing work on the tree. All significant pest, disease or structural weakness or defects observed by the Contractor while performing this work shall be promptly reported to the City.
14. All pruning tools and saws used for tree pruning shall be kept sharpened at all times to result in final cut with a nonabrasive wood surface and secure bark. All trees six (6) inches in diameter (DBH) or less shall be pruned with hand tools only. Chain saws will not be permitted on any trees with six (6) inches or less (DBH).
15. Whenever pruning cuts are made, while removing limbs too large to hold securely in one hand during the curing operation, the limb shall be cut off first, one (1) to two (2) feet beyond the intended final cut. Then the final cut shall be made in a manner to prevent the tearing of bark and wood.
16. Live, healthy limbs with a diameter of three (3) inches or greater shall not be removed without prior approval from the Public Works Superintendent.
17. No more than twenty (20) percent of live wood may be removed from the crown of any tree. The exception to this is Live Oaks, which are limited to no more than ten (10) percent.
18. Any extraneous metal, wire, rubber or other material interfering with the natural growth of the tree shall be removed.
19. The use of climbing spurs or spike shoes is strictly prohibited except in the case of aerial rescue.
20. All pruning shall be performed in such a manner as to encourage and promote the natural growth and shape of the tree species. The Contractor shall not perform any of the following procedures:
The severe cutting back of growing tips including topping, dehorning, heading back, pollarding, hat racking.
Flush cutting where a cut is made even with the surface with the trunk or limb, removing the branch collar and branch bark ridge.
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Stub cutting where branch removal results in the base of the branch removed protruding more than approximately one–quarter inch beyond the zone of the branch collar and branch bark ridge. Removal of all the inner branches and foliage also known as lion tailing.
C. Removals
Removals of trees shall be completed in the safest and most efficient manner possible while providing minimal inconvenience to the resident. Removals shall include the total removal of all brush, surface roots, and stumps.
Stumps may be removed in whole by digging out each individual stump or by grinding the stump to a minimum of twelve (12) inches below the top of the curb. In each instance, the areas shall be backfilled and graded to conform to the surrounding area. Whenever a tree is removed, the Contractor is responsible for notifying Dig Alert at 1 (800) 227–2600, two (2) days before digging. Stumps must be removed within two (2) days of the date that the tree is removed.
D. Disposal of Tree Branches, Brush, and Stumps
All tree branches, brush, and stumps produced as a result of the Contractor's operations shall be reduced, reused, recycled, and/or transformed whenever possible.
1. Reducing will include, but not limited to, chipping, grinding, and/or shredding.
Disposal at a landfill is acceptable only if the material is accepted by the landfill for use as alternate daily cover.
2. Reusing shall include, but not limited to, using chipped, ground, and/or shredded tree materials as mulch.
3. Recycling shall include, but not limited to, chipped, ground, or shredded tree material used to produce compost utilizing either a low or high technology.
4. Transformation will include, but not limited to, burning green waste, such as tree wood chips, for the purpose of producing energy.
Worksites shall be cleaned on a daily basis with no limbs, brush or debris left overnight.
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 146 of 198 Agreement No. 23-36
EXHIBIT B
All of the work and services to be performed pursuant to this Agreement shall be performed in a good and workmanlike manner. Contractor shall pay prevailing wages in accordance with the laws of the State of California. Payment for work completed will be based on the following schedule:
Description Unit Prices Unit Description
Tree Pruning $77.70 Each
Palm Tree Pruning $77.70 Each
Tree and Stump Removal $27.65 Diameter inch
Stump only removal $8.30 Diameter inch
Planting 15-gallon w/out RB $204.05 Each
Planting 24-inch box w/out RB $421.75 Each
Specialty Planting 15-gal w/out RB $223.15 Each
Specialty Planting 24” Box w/out RB $446.00 Each
Root Pruning $12.90 Each (foot)
Crew rental, aerial unit, dump truck, and
chipper $68.30 Man Hour
Emergency work call out $144.10 Man Hour
Payment will be made on the 15th day of each and every calendar month during the term of this Agreement, which will be paid to the Contractor for all work and services to be performed pursuant to the Agreement.
Payment of additional services requested, in writing, by City and not included in the Scope of Services as set forth in this Agreement, shall be negotiated on an item–by– item basis. Any additional services cost will include labor, equipment, overhead, and profit.
Any and all work done under this Section of this Agreement will be with prior written approval from the CITY. If prior written approval is not obtained by the CONTRACTOR, no payment will be approved. Charges for additional services shall be invoiced on a monthly basis and shall be paid by the CITY within a reasonable time after said invoices are received by the CITY.
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 147 of 198
CITY COUNCIL
AGENDA REPORT
DATE: JUNE 5, 2023
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 8
FILE I.D.: HSV042/MCF150
DEPT.: MCF/HUMAN SVCS.
PREPARER: A. COLUNGA
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 23–38 TO ACCEPT FUNDING FROM THE
CITY OF HOPE HEALTHY LIVING GRANT TO SUPPORT HEALTHY MONTCLAIR
ACTIVITIES TO ENHANCE THE COMMUNITY GARDEN
REASON FOR CONSIDERATION: The Montclair Community Foundation Board is requested to consider approval of Agreement No. 23–38 to accept funding from the City of Hope Healthy Living Grant to support Healthy Montclair activities to enhance the Community Garden.
BACKGROUND: The purpose of the Healthy Montclair Initiative is to achieve an excellence in quality of life for those who live, work, play, eat and shop in Montclair.
Montclair was one of the first cities in California to be designated a Healthy City by California Healthy Cities and Communities in 1998. Healthy Montclair defines health as a state of complete physical, mental, and social wellbeing and not merely the absence of disease or infirmity.
Cardiovascular diseases, cancers, and chronic lower respiratory diseases caused over sixty–nine percent of the deaths in Montclair over the past thirty years, prior to the COVID–19 pandemic. The Human Services Department has identified strategies and programs to transform our community health and quality of life. Among the efforts of the Human Services Department was to partner with the City of Hope. The Montclair Community Foundation was awarded the 2018 Healthy Living Grant to pilot a social determinants of health assessment program. Furthering our partnership, in 2019 the City of Montclair was selected by the City of Hope as one of eight agencies to promote evidence–based health education developed through the Partners in Care Foundation’s Chronic Disease Self–Management Education Program (CDSMP) utilized by the Centers for Disease Control and Prevention (CDC). In addition, Assistant Director of Human Services and Grants Manager Alyssa Colunga serves on the Community Outreach and Engagement, Community Advisory Board working with scientists and clinicians from City of Hope to reduce the cancer burden and inequities in our area.
This year, the Montclair Community Foundation was invited to apply to a larger grant opportunity through City of Hope’s Healthy Living grant and was awarded $10,000 to revitalize the promotora (Por La Vida) program and enhance the Montclair Community Garden through added irrigation and activities to educate participants about increasing access to organic fruits and vegetables and improving physical activity.
FISCAL IMPACT: Should the Montclair Community Foundation Board approve Agreement No. 23–38, City of Hope would provide the Montclair Community Foundation with $10,000. There is no term listed in the agreement; however, the grant application stated our program will be completed within twelve months.
RECOMMENDATION: Staff recommends the Montclair Community Foundation Board approve Agreement No. 23–38 to accept funding from the City of Hope Healthy Living Grant to support Healthy Montclair activities to enhance the Community Garden.
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 148 of 198 1500 East Duarte Road
Duarte, CA 91010-3000
Phone 800-826-HOPE
Fax 800-555-5555
CityofHope.org
Agreement No. 23-38
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 149 of 198 MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 150 of 198
CITY COUNCIL
AGENDA REPORT
DATE: JUNE 5, 2023
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 9
FILE I.D.: HSV105
DEPT.: HUMAN SVCS.
PREPARER: A. COLUNGA
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 23–39 WITH CATERING SYSTEMS, INC.
TO PROVIDE MEALS FOR THE CITY’S SENIOR CITIZEN NUTRITION PROGRAM REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 23–39 with Catering Systems, Inc. to provide meals for the City’s Senior Citizen Nutrition program.
BACKGROUND: On June 6, 2022, the City Council approved Agreement No. 22–57 with the San Bernardino County Department of Aging and Adult Services (DAAS) to provide a three–year Senior Citizen Nutrition Program for participants aged 60 and over at the Montclair Senior Center. The Human Services Department is managing and operating the nutrition program with grant funds awarded by DAAS.
The Human Services Department recommends a subcontract with Catering Systems, Inc. for nutrition program meals. City Staff have had difficulty in finding other meal providers that serve high quality food and that will work within the DAAS requirements. In the past, staff requested recommendations for meal providers from DAAS and unfortunately, other meal providers are significantly higher in cost and subjectively lower in quality.
In order to maintain the current program standards, Human Services is recommending that the City subcontract with Catering Systems, Inc. for Fiscal Year 2023–2024. Should the Council approve Agreement No. 23–39, Catering Systems, Inc. would continue to deliver prepared meals every weekday until June 30, 2024. The meal cost will be $6.00 per meal, a 15 cent increase from FY 2022–2023. All of these costs will be covered by the existing cost reimbursement DAAS grant.
The suggested donation for meals is $3.00, as required by DAAS. The funding for the meal cost would be paid through participant donations and funding from Agreement No. 22–57 with the San Bernardino County Department of Aging and Adult Services (DAAS) that was approved by the City Council on June 6, 2022. Note that the DAAS contract has a three–year term and covers the period July 1, 2022 through June 30, 2025.
FISCAL IMPACT: There will be no cost to the General Fund as a result of this agreement to provide the Senior Nutrition meals. All of these costs will be one hundred percent grant funded under Agreement No. 22–57 with DAAS. The term of the proposed Agreement No. 23–39 with Catering Systems, Inc. is July 1, 2023 through June 30, 2024.
RECOMMENDATION: Staff recommends the City Council approve Agreement No. 23– 39 with Catering Systems, Inc. to provide meals for the City’s Senior Citizen Nutrition program.
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 151 of 198 AGREEMENT NO. 23–39
FOOD SERVICE AGREEMENT
THIS AGREEMENT, executed in Montclair, California, is made by and between the City of Montclair, a California Municipal Corporation, hereinafter referred to as the "Contractor," and Catering Systems, Inc., hereinafter referred to as the "Subcontractor." WHEREAS, the Contractor and the County of San Bernardino Department of Aging and Adult Services (DAAS), hereinafter referred to as "County," have entered into an Agreement which authorizes the Contractor to provide certain services, said City Agreement being No. 22-57 signed June 28, 2022; and
WHEREAS, the aforesaid Agreement provides that the Contractor may subcontract for certain professional services subject to prior County approval; and WHEREAS, the Contractor desires to engage the Subcontractor to provide professional services as detailed elsewhere in this Agreement; and WHEREAS, the Subcontractor desires to perform and provide such services.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the Contractor and the Subcontractor agree as follows:
AGREEMENT
Section 1. Statement of Work and Schedule
The Subcontractor shall perform and provide the services set forth in the Food Service Specifications, which is attached hereto as "Attachment 1" and by this reference incorporated herein. The rights and obligations of the parties to this Agreement shall be subject to and governed by said Food Service Specifications as well as by the general provisions herein.
Section 2. Representatives of the Parties and Service of Notice The representatives of the respective parties who are authorized to administer this Agreement and to whom formal notices, demands, and communications shall be given are as follows:
A. The representative of the Contractor shall be, unless otherwise stated in the Agreement:
Marcia Richter, Director of Human Services
City of Montclair
5111 Benito Street
Montclair, California 91763
(909) 625–9453
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 152 of 198 2 B. The representative of the Subcontractor shall be:
Lordwin Dsouza
Catering Systems, Inc.
2512 East Fender Avenue, Suite E
Fullerton, California 92831
(714) 278–9294
Section 3. Compensation to the Subcontractor
The Contractor shall pay to the Subcontractor an amount not to exceed $6.00 per meal for approximately 90 meals per day for complete and satisfactory performance of the terms of this Agreement. The Subcontractor shall be paid for providing services set forth in this Agreement. Payment shall be made on a monthly basis.
Section 4. Time of Performance
The term of this Agreement shall commence on July 1, 2023 and terminate on June 30, 2024, provided that said term is subject to the provisions of Section 14, "Indemnity, Liability, and Insurance Requirements," and Section 18, "Termination," and the availability of funds through the County.
There are up to 252 serving days during Fiscal Year 2023–2024 not including the following holidays and special occasions:
Independence Day – July 4, 2023
Labor Day – September 4, 2023
Veterans Day – November 10, 2023
Thanksgiving Day – November 23, 2023 – November 24, 2023 Christmas Day – December 25, 2023
New Year’s Day –January 1, 2024
Marin Luther King Jr. Day – January 15, 2024
Presidents’ Day – February 19, 2024
Memorial Day – May 27, 2024
Section 5. Notices, Demands, and Communications
A. Formal notices, demands, and communications to be given hereunder by either party shall be made in writing and may be affected by personal delivery or by registered or certified mail, return receipt requested, and shall be deemed effective as the date of mailing.
B. Such notices, demands, or communications shall be addressed as set forth below:
1. For the Contractor:
Marcia Richter, Director of Human Services
City of Montclair
5111 Benito Street
Montclair, California 91763
(909) 625–9453
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 153 of 198 3 2. For the Subcontractor:
Lordwin Dsouza
Catering Systems, Inc.
2512 East Fender Avenue, Suite E
Fullerton, California 92831
(310) 619–1218
C. If the name of the person designated to receive the notices, demands, or communications or the address of such person is changed, written notice shall be given, in accord with this Section, within five (5) working days of said change.
Section 6. Audit Records and Bonding
A. The Subcontractor shall maintain financial records and reports related to funds received under this Agreement.
B. The Subcontractor shall maintain books, records, documents, and other accounting procedures and practices, which reflect all costs of any nature, including cost of raw food and labor costs, expended in the performance of this Agreement.
C. These records shall be subject to audit or inspection by duly authorized County, State, or Federal personnel.
D. The Subcontractor shall maintain all books, records, and other documents relative to this Agreement for three (3) years after final payment or audit by the United States Department of Health and Human Services, the California Department of Aging, and County for five years if no audit occurred.
E. The Subcontractor shall provide to the Contractor, on an annual fiscal year basis, a statement that all persons handling funds received or disbursed by this Agreement are covered by Fidelity Insurance.
F. The Subcontractor shall provide, on an annual basis, an official copy of the Certified Public Accountant audit, which shall be conducted following generally accepted audit practices, to determine that there has been a proper accounting for and use of contract funds. All records of the Subcontractor bearing upon food purchases, storage, and food preparation directly related to said program under this Agreement shall be made available to the Contractor upon request.
G. The Subcontractor shall furnish reports as required by the Contractor, County, California Department of Aging, and the U.S. Administration on Aging.
H. Subcontractors shall use standardized recipes which meet Hazard Analysis requirements and which shall be available to Contractor and County.
I. The Subcontractor shall supply raw food and labor costs to the Contractor as needed.
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 154 of 198 4 J. The Subcontractor shall permit periodic monitoring of contracted activities by Contractor, Centralized Dietary Services, County, State, or Federal personnel.
Section 7. Amendments to Agreement
Any changes in the terms of this Agreement, including changes in the scope of services to be performed by the Subcontractor and any increase or decrease in amount of compensation which are agreed to by the Contractor and the Subcontractor, shall be incorporated into this Agreement by a written amendment properly executed by both parties. Prior written approval shall be received from County.
Section 8. Permit and Licenses
The Subcontractor shall hold valid permits, license, certificates, and other documents as are required by the State, County, City, or other governmental or regulatory bodies to legally engage in and perform the services to be provided under this Agreement, such as public health license, Orange County Inspection Reports, annual Fire Inspection Certificates, and other documents attached for County's approval. The Subcontractor shall notify the Contractor immediately of any suspension, termination, lapses, non-renewals, or restrictions of required licenses, certificates, or other documents that may be cause for termination of this Agreement.
Section 9. Conflict of Interest
A. The Subcontractor, during the period to be covered by this Agreement, shall have no interest, direct or indirect, with respect to the Contractor that could create a conflict of interest.
B. No member, officer, or employee of the Contractor and no official, officer, or employee of the County who exercises any responsibilities or functions with respect to the Contractor during his tenure or for one year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof.
C. The Subcontractor warrants that no person has been employed to solicit or secure this Agreement upon any agreement for a commission, percentage, brokerage, or contingent fee. Breach of this warranty shall give the Contractor the right to terminate this contract or, at the discretion of the Contractor, to deduct from the Subcontractor's fees the amount of such commission, percentage, brokerage, or contingent fees.
Section 10. Independent Contractor Status of the Subcontractor Subcontractor is and shall at all times remain as to the Contractor and County a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Subcontractor shall at all times be under Subcontractor’s exclusive direction and control and shall not be construed to be employees of Contractor or County for any purpose, including eligibility under Public Employees Retirement Law. Neither Contractor nor County nor any of their respective officers, employees, or agents shall have control over the conduct of Subcontractor or any of Subcontractor’s officers, employees, or agents, except as set forth in this Agreement.
The parties agree that the performance of the Subcontractor's services hereunder shall be in the capacity of an Independent Contractor and that no employees of the MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 155 of 198 5 Subcontractor have been, are, or shall be employees of the Contractor or County by virtue of this Agreement, and the Subcontractor shall so inform each employee organization and each employee who is hired or retained under this Agreement.
Section 11. Assignment or Transfer of Interest
The Subcontractor shall not assign or transfer any interest in this Agreement, except that claims for moneys due or to become due from the Contractor under this Agreement may be assigned to a bank, trust company, or other financial institution.
Section 12. Applicable Sections of Agreement between County and the Contractor The Contractor and the Subcontractor agree that all conditions set forth in the Agreement, including Addendum and Attachment 1, between the County and the Contractor, as applicable in the performance of this Agreement, are hereby included herein by reference as though set forth herein in full. Referenced sections are available at the Contractor and County for review during normal business hours.
Section 13. Discrimination Prohibited
A. The Subcontractor shall not discriminate against any employee or person served on account of race, color, sex, religious background, ancestry, national origin, or disability in its performance of this contract and hereby agrees to comply with all Federal, State, and County laws or regulations pertaining hereto including the Americans With Disabilities Act and applicable Civil Rights Acts.
B. It is expressly understood that upon receipt of evidence of such discrimination, the Contractor shall have the right to terminate said contract.
C. Affirmative Action: A written affirmative action plan, embodying both (1) goals and timetables of minority manpower utilization; and (2) specific affirmative action steps directed at increasing minority utilization by means of applying good faith efforts to carry out such steps, is to be included.
Section 14. Indemnity, Liability, and Insurance Requirements A. The Subcontractor agrees to defend, indemnify, and hold harmless the Contractor and the County, their officers, employees, and assigns, against any and all claims arising from acts, omissions, or negligence of the Subcontractor, its officers, or employees in the performance of this Agreement. The Subcontractor shall defend any suit against the Contractor and County alleging personal injury, sickness, or disease arising out of meals served at the project sites (or home delivered) provided food is served one hour after delivery (or eaten immediately after home delivery). This indemnification provision shall apply regardless of the existence or degree of fault of the indemnified parties.
Subcontractor’s indemnification obligation applies to the Contractor’s an County’s active as well as passive negligence, but does not apply to the Contractor or County’s sole negligence or willful misconduct.
B. The Contractor shall promptly notify the Subcontractor in writing of any claims against the Contractor or Subcontractor and, in the event of a suit being filed, the Contractor shall promptly forward to the Subcontractor all papers in MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 156 of 198 6 connection therewith. The Contractor shall not incur any expenses or make any settlement without the Subcontractor's consent. However, if Subcontractor refuses or neglects to defend any such suit, the Contractor may defend, adjust, or settle any such claim, and the cost of such defense, adjustment, or settlement, including reasonable attorney's fees, shall be charged to the Subcontractor. The Subcontractor shall promptly notify the Contractor in writing of any claims against the Contractor or Subcontractor.
C. The Subcontractor shall furnish proof in the form of a hand–signed certificate of insurance that it carries insurance in the minimum amounts listed below prior to commencement of performance under this Agreement. Such coverage shall be maintained currently effective until receipt of final payment under the terms of this Agreement.
1. Comprehensive General $1,000,000 combined Single Liability [including (CSL) minimum Product Liability]
2. Professional Liability $1,000,000 per occurrence
D. Comprehensive Auto Liability (owned and non-owned)
1. Bodily Injury $ 100,000 each person
$ 300,000 each accident
$ 300,000 aggregate products
2. Property Damage $ 50,000 each accident
$ 250,000 aggregate operations
$ 250,000 aggregate protection
$ 250,000 aggregate products
$ 250,000 aggregate contractual
E. Worker's Compensation. The statutory limit shall be in accordance with Sections 3700 and 3800 of the Labor Code of the State of California.
F. Additional Insured. The City of Montclair and County of San Bernardino shall be named as additional insured on all policies or certificates.
G. Cancellation Notice. A 30–day Notice of Cancellation shall be mailed to the Contractor and County, 784 E. Hospitality Lane, San Bernardino, CA. 92415.
H. In the event any new or additional meal locations are started, the insurance carrier shall name all new or additional sites as insured under the policy.
I. Failure on the part of the Subcontractor to procure or maintain required insurance shall constitute a material breach of Agreement and Contractor may immediately terminate or suspend this Agreement.
Section 15. Compliance with Statutes and Regulations
A. In the performance of this Agreement, the Subcontractor shall obey all laws of the United States, the State of California, and all County and local ordinances, regulations, policies, codes, and provisions .
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 157 of 198 7 B. The Subcontractor shall conform to the nutrition requirements under Title III–C of the Older Americans Act of 1965, as amended, including providing the minimum Title III–C requirement per person of one third of the Recommended Daily Dietary Allowance (RDA).
C. The Subcontractor shall comply with the California Uniform Retail Food Facilities Law (CURFFL), the Hazard Analysis (HACCP) requirements and San Bernardino County Department of Aging and Adult Services Policy and Procedures for Senior Nutrition Sites.
Section 16. Federal, State and Local Taxes
Subcontractor is responsible for paying when due all Federal, State, and local taxes, including estimated taxes, incurred as a result of the compensation paid by Contractor to Subcontractor for services under this Agreement. On request, Subcontractor will provide Contractor with proof of timely payment. Subcontractor agrees to indemnify, defend, and hold harmless Contractor for any claims, costs, losses, fees, penalties, interest, or damages suffered by Contractor resulting from Subcontractor’s failure to comply with this provision. In addition, in the event Contractor is required to respond to a request from any State or Federal taxing agency as a result of Subcontractor’s failure to comply with this provision, Subcontractor shall pay to Contractor the sum of $300.00 for each occasion Contractor is required to so respond.
Section 17. Termination
The Contractor may terminate this Agreement at any time within the period of its duration upon not less than thirty (30) days written notice by the Contractor to the Subcontractor or immediately for cause. The Subcontractor may terminate this contract upon not less than thirty (30) days written notice to the Contractor. Notice shall be provided as in Section 5 herein.
In addition, this Agreement may be terminated because of lack of funds, repeated citations by County, and failure to make corrective actions required by County. In the event funds to finance this contract, or part of this contract, become unavailable, the obligations of each party hereunder may be terminated upon no less than ten days written notice to the other party. Said notice shall be delivered by certified mail or in person. County shall be the final authority as to the availability of Federal or State funds. Waivers of breach of any provision of this Agreement shall not be construed to be a modification of the terms of this Agreement.
Section 18. Negotiation of Disputes
Any disputes of law or fact between the Contractor and the Subcontractor shall be settled between the parties concerned in such a manner that they will not delay or adversely affect the performance of the Contractor. Should any questions remain unresolved, the dispute would be submitted to the Director of the Area Agency on Aging or his designee to render a decision. Said decision will be binding upon the Contractor and the Subcontractor.
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 158 of 198 8 Section 19. Prior Approval of Subcontracts
The Subcontractor shall not enter into any subcontracts, for all or part of the services contemplated under this Agreement, without obtaining prior written approval of the Contractor and the Area Agency on Aging, which shall then be made a part of the original Agreement. No subcontracts shall be approved which would incur an obligation higher than the original agreed–upon price.
Section 20. Fair Labor Standards Compliance
Subcontractor agrees to indemnify, defend, and hold harmless the County of San Bernardino and the Contractor, their respective agents, officers, and employees from any and all liability including, but not limited to, wages, overtime party, liquidated damages, penalties, court costs, and attorney’s fees arising under any wage and hour law including, but not limited to, the Federal Fair Labor Standards Act for services performed by the Subcontractor's employees for which the Contractor or the County of San Bernardino may be found jointly or solely liable.
Section 21. Citizenship Laws
Subcontractor warrants its full compliance with all laws regarding employment of aliens and others and that all of its employees performing services hereunder meet the citizenship or alien status requirements contained in Federal Immigration Reform and Control Act of 1986. Subcontractor shall obtain from all covered employees services hereunder all verification and other documentation of employment eligibility status required by Federal statutes and regulations as they currently exist and as they may be hereafter amended. Subcontractor shall retain such documentation for all covered employees for the period prescribed by law. Subcontractor shall indemnify, defend, and hold harmless the County and Contractor, their respective officers, agents and employees from employer sanctions and any other liability which may be assessed against either Subcontractor, Contractor, or County in connection with any alleged violation of Federal statutes or regulations pertaining to the eligibility for employment of persons performing services under this contract.
Section 22. Subcontractor Staffing Requirements
To assure that meals are prepared in a safe, sanitary environment in compliance with the California Health and Safety Code, the San Bernardino County Department of Aging and Adult Services Policies and Procedures, and Contracts Management Manual, the Subcontractor shall comply with the following requirements:
The Subcontractor shall hire a part–time Registered Dietitian (minimum 20 hours a week) who possesses a Bachelor's degree and/or Master's degree in Nutrition/Dietetics with an institutional food service management emphasis from an accredited college or university for supervision of the food services operation within the catering company and/or central kitchen. The Dietitian shall be both qualified as specified in sections 2585 and 2586, Business and Professions Code, and registered by the Commission on Dietetic Registration.
Or
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 159 of 198 9 The Subcontractor shall hire a qualified Food Service Manager who possesses a Bachelor of Science degree in Food and Nutrition with emphasis on food service management or restaurant management from an accredited college or university, plus two (2) years' professional experience as a food service supervisor; no less than six (6) years of experience in the food service industry at a supervising level can be substituted for the four–year degree requirements. The Subcontractor must submit to the Contractor the registration identification number and expiration date of Registered Dietitian along with complete verifiable résumés of the Registered Dietitian or Food Service Manager for County's approval.
The County may, at its sole discretion, waive this requirement or, for repeated deficiencies of noncompliance, require the Subcontractor to fill both positions and/or to expand the required positions to full–time positions.
Section 23. Date of Execution
The parties hereto agree that the first party to execute this Agreement shall enter the date executed in the blank provided herein on both duplicate originals, which date shall be the date this Agreement is made provided, however, the term shall be for the period set forth in Section 4 herein.
Section 24. Complete Agreement
This Agreement, Addendum, Appendices, if applicable, and Attachment 1 contain the full and complete Agreement between the two parties. No verbal agreement or conversation with any officer or employee of either party shall affect or modify any of the terms and conditions of this Agreement.
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 160 of 198 10 IN WITNESS WHEREOF, the parties hereto execute this Agreement as of the day and year first set forth above.
Subcontractor: Contractor:
CATERING SYSTEMS, INC. CITY OF MONTCLAIR
Rosanna Rojas, President Javier John Dutrey
Mayor
Date Date
Rosanna Rojas, Secretary
Date
ATTEST:
Andrea Myrick
City Clerk
APPROVED AS TO FORM:
Diane E. Robbins
City Attorney
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 161 of 198 11 ADDENDUM
OTHER REQUIREMENTS
(Contractor's Option)
"Penalties for discrimination in employment - Any contractor who shall be found in violation of the nondiscrimination provisions of the State of California Fair Employment Practice Act or similar provisions of federal law or executive order in the performance of any contract with the City, thereby shall be found in material breach of such contract and thereupon the City shall have power to cancel or suspend the contract, in whole or in part, or to deduct from the amount payable to such contractor the sum of $25 for each person for each calendar day during which such person was discriminated against, as damages for said breach of contract, both. Only a finding of the State of California Fair Employment Practices Commission or the equivalent federal agency or officer shall constitute evidence of a violation of contract under this section." "Penalties for violation of affirmative action provisions - Any contractor who shall be found in violation of the agreement to pursue an affirmative course of action, or in violation of any provision of the affirmative action guidelines pertaining to the contract, shall be found in material breach of such contract and thereupon the City shall have power to cancel or suspend the contract, in whole or in part, or to deduct from the amount payable to such contractor the sum of $250 for each calendar day during which the contractor is found to have been in noncompliance, damages for said breach of contract, or both."
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 162 of 198 ATTACHMENT 1
FOOD SERVICE SPECIFICATIONS
BETWEEN THE CITY OF MONTCLAIR
AND CATERING SYSTEMS INC.
STATEMENT OF WORK AND SCHEDULE
During the time of performance as set forth herein, the Subcontractor shall furnish all food, labor, and equipment necessary to prepare and deliver individual meals and/or bulk food for persons 60 years of age and older in compliance with the Title III Congregate and Home–Delivered Nutrition standards as described in Federal, State, and County regulatory statutes and the California Health and Safety Codes, more specifically, the California Uniform Retail Food Facilities Law (CURFFL) as amended January 1, 1996, the Older Americans Act (OAA), Amendment of 1992, and the San Bernardino County Department of Aging and Adult Services (County).
To assure that meals are prepared in a safe, sanitary environment, in compliance with the California Health and Safety Code, the DAAS Policies and Procedures and Contracts Management Manual, the Subcontractor shall comply with the following requirements:
The Subcontractor shall hire a part–time Registered Dietitian (minimum 20 hours a week) who possesses a Bachelor's degree and/or Master's Degree in Nutrition/Dietetic with an institutional food service management emphasis from an accredited college or university, for supervision of the food services operation within the catering company and/or central kitchen.
The Subcontractor shall hire a qualified Food Service Manager who possess a BS degree in Food and Nutrition with emphasis on food service management or restaurant management from an accredited college or university, plus two (2) years professional experience as a food service supervisor; no less than six (6) years of experience in the food service industry at a supervising level can be substituted for the 4 year degree requirements.
The Subcontractor must submit, to the Contractor, the registration identification number and expiration date of the Registered Dietitian along with complete verifiable resumes of the Registered Dietitian or Food Service Manager for the County's DAAS approval.
The County may, at its sole discretion, waive this requirement or for repeated deficiencies of non–compliance, require the Subcontractor to fill both positions, and/or to expand the required positions to full time positions.
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 163 of 198 13 A. Number of Meals
The estimated number of meals required per day is between 60 and 90, Monday through Friday. The maximum requirement is outlined below.
Total Maximum Annual Meals Catered Cost of Meal
Monday through Friday 90 $6.00
Saturday N/A
Sunday N/A
Box lunches N/A
Breakfast N/A
Frozen meals N/A
Other food items N/A
Total Max Annual Meals 22,680 $136,080
B. Delivery
1. The meals shall be delivered as follows:
Approx. Time Food Time Food Time Food
Meal Number Preparation Leaves Arrives
Location of Meals Completed Kitchen at Site
Montclair Senior 60–90 10:00 a.m. 10:30 a.m. 11:00 a.m.
Center
5111 Benito Street
Montclair, California
2. The Contractor reserves the right to add or delete meal sites or designate alternate meal locations, as appropriate, subject to approval by County.
3. The Contractor may change the days and time of delivery and service by giving the Subcontractor seven (7) days notice.
4. The Contractor may change the number of meals to be delivered to any of the meal locations by notifying the Subcontractor by 10:00 a.m. the day prior to delivery.
5. The Subcontractor shall deliver the meals no more than 60 minutes prior to or 30 minutes after the agreed upon serving time.
6. Box lunch delivery time may be as early as 9:00 a.m. as long as appropriate holding facilities are available for perishable food items and MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 164 of 198 14 meals are transported under appropriate packing, heating and cooling temperature requirements.
7. The Contractor reserves the right to require Subcontractor to deliver food on all holidays that food service is needed.
8. The contractor shall serve foods for congregate meals; within two (2) hours after food preparation has been completed.
C. Delivery Service Specifications
1. Meals are to be delivered in (bulk/individual) prepackaged servings.
2. The Subcontractor shall supply the following food service items.
Item Specifications
Rectangular disposable plates Five compartment
Disposable bowls Eight–ounce soup bowls
Disposable flatware Bulk or pre–packaged, good quality
Napkins Good quality
Table coverings Paper placemats
Disposable cups Eight–ounce cups for bulk milk
Other Straws, plastic gloves, boxes, or bags
as needed for box lunches
3. The Subcontractor shall provide all serving trays and utensils, warming, refrigerating and freezing equipment, where necessary, for the maintenance of proper temperatures as specified herein, and shall provide servicing of the equipment and/or replacement (depending on needs of Project).
4. All food must be packaged and transported under conditions that will ensure temperature control to prevent bacterial contamination, spillage, and/or infestation. All hot foods should be packaged individually or in bulk containers to ensure a minimum delivery temperature of 145º° F. All cold foods must be packaged to ensure a maximum delivery temperature of 40º F. All foods intended to be delivered frozen shall be packaged to maintain a hard frozen state until such food reaches point of delivery.
Temperature of bulk and home–delivered meals must be taken daily at the end of production/packaging and on delivery at the nutrition site by the Subcontractor and Contractor. Hot and cold foods must be placed immediately into insulated hot and cold transport equipment upon completion of packing.
Daily written documentation of temperature logging/monitoring must be kept by Subcontractor and will be subject to audit by the centralized dietary services and the County nutritionist.
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 165 of 198 15 The sites shall be assumed correct on shortages unless the caterer proves them wrong. All calls regarding shortages and food replacement will be communicated by the Contractors office.
5. Meals must be delivered in refrigerated trucks and/or approved for bulk– insulated containers for hot pack and cold pack. Delivery standards shall comply with applicable local health department regulations.
6. Food and supplies must be packed and handled in a sanitary manner to assure absence of contamination and spillage.
7. The program may require replacement of any cold food that is received on site at above 45 degrees F and any hot food that falls below 140 degrees F.
8. Food shortages and/or spoiled foods that are reported to the caterer by agree time of delivery must be replaced or the enclosed deduction schedule will be utilized.
9. Packing of food for delivery to the sites will be negotiated as mutually acceptable to the Contractor and Subcontractor. Sites may differ on packaging of some items due to available site equipment and time/distance.
10. The Subcontractor shall be responsible for cleaning and care of equipment returned to his facility each day.
11. The Subcontractor shall place food in areas designated by meal location managers.
12. Food shall be transported no longer than 60 minutes after packaging.
13. Food shall be kept in heat retaining equipment no longer than 60 minutes prior to serving.
14. Each delivery shall be accompanied by a delivery slip, in triplicate, designating number of meals and supplies delivered. Project Director or designated person will sign receipt, if in order, and one copy shall be left with the Project Director.
15. Instructions shall be attached to each food product delivered indicating name of meal location, number of servings, size of servings, and size of utensil to be used in serving.
16. Cake, cornbread, and casserole dishes, i.e. meatloaf, lasagna, tuna noodle casserole shall be pre–scored by the Subcontractor for the appropriate number of servings.
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 166 of 198 16 17. All Subcontractor delivery equipment shall be removed from the meal location by the next service day. Contractor is not responsible after this time.
18. The Subcontractor shall provide a back–up delivery system in the event of vehicle breakdown.
19. Electrical items required to be provided herein shall have the UNDERRITERS LABORATORY approval and meet all current OSHA and COSHA laws and regulations. Subcontractor shall provide Contractor with a current copy of the health certificate and any corrected deficiencies with bid. To ensure that all regulations are followed, the Subcontractor must have a qualified food service manager or part–time registered dietitian (20 hours per week) or staff who will assure that meals are prepared in a safe and sanitary condition throughout the meal service operation.
20. Authorized representatives of the Contractor, County, centralized dietary services, State, and Federal shall have the right to inspect food preparation, storage, and packaging sites during the term of the contract.
D. Meal Standards
1. A Chemical analysis of any food delivered by the Subcontractor may be requested by the Contractor or County at any time. The Subcontractor agrees to cooperate in having the analysis done. If the analysis discloses that the food does not comply with required meal specifications, the Subcontractor shall be liable for the cost of this analysis and meals served to seniors out of compliance.
2. The Subcontractor shall be liable for meals that do not meet the nutritional standards and requirements, are spoiled or unwholesome at time of delivery, are incomplete or insufficient in number ordered, or are delivered after the time specified by the Contractor. In the event the Subcontractor fails to deliver complete meals, other foods, or supplies as agreed upon, the Contractor may provide a substitute meal with emergency meals of supplies purchased from other places and charge the cost of the purchased meal to the Subcontractor. The replacement cost shall not exceed 100 percent of the contract catered meal cost.
3. If any portion of a meal other than the entree is delivered in an unacceptable condition, such as incorrect temperature (potentially hazardous)* less than contracted portion, spoiled or too late, the Subcontractor shall be liable for the cost of that portion. If the entree is unacceptable, the Subcontractor shall be liable for the cost of the entire meal. In order to ensure conformance to the above, the delivery driver shall remain at the site until the food is checked by the location manager. All shortages shall be noted on delivery slip for proper crediting.
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 167 of 198 17 E. Menu Requirements
1. All menus shall comply with Title III–C meal pattern requirements.
2. A six–week cycle menu shall be used that is written once yearly.
3. The Contractor has the responsibility for menu writing with input from the Project Council and Subcontractor. The menu shall be approved by the centralized dietary services dietitian.
4. The Contractor is responsible for typing and duplicating the menu.
5. All menus must be signed by the Project Director, Project Council Chairman or designee, the centralized dietary services dietitian, and certified by the County nutritionist prior to the start of the menu cycle.
6. The Project Director or centralized dietary services dietitian shall submit all menu substitutions by the Subcontractor at least 2 days prior to the serving date. The subcontractor may, however, in an emergency make menu substitutions on verbal approval of the Project Director or centralized dietary services dietitian, with a written notice to follow for documentation.
7. Provisions shall be made by the Subcontractor to provide in–service training regarding food sanitation and safety for their food service staff.
Documentation of such training shall be submitted to the Contractor.
County may require the Contractor, based upon major finding of non– compliance items in food and safety, to provide additional food service training.
*See definition of Potentially Hazardous Food, DAAS Contract Management for Service Providers.
F. Meal Pattern Specifications
1. All food must be of the highest quality standard and conform to USDA requirements. It must be prepared in a manner to preserve optimum flavor and appearance while retaining nutrients and food value. Special consideration should be given to tenderness of meat because of the age of our participants. The Subcontractor is responsible for assuring its high quality before it is sent to the meal sites.
Title III – Meal Pattern:
Meat or meat alternatives A minimum of 15 g protein per meal required.
Specification for all processed preformed meat
must be approved by the County nutritionist
before adding to menu. Two–and one–half–
ounce edible portion of meat/meat alternate in
casserole dishes.
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 168 of 198 18 Vegetable/Fruits Two half cup servings each per meal (exclusive of dessert).
Juice* One–half cup Vitamin C fortification required
to satisfy Vitamin C requirement.
Starch or alternate One slice bread or one–half cup serving cooked starch, such as rice, pasta, etc.
Selections made from whole grains are
preferred.
Fortified margarine or butter One teaspoon.
Dessert* One–half (1/2) cup portions or fresh fruit
equivalent. Limit of 1 dessert high in sugar,
refined grains, or saturated fat per week.
Milk or milk product Eight–fluid–ounce serving or calcium equivalent. Liquid milk served must be 1% fat, nonfat, or buttermilk.
(a) In the preparation of all meals, the Subcontractor shall use a minimum of simple sugars. Each meal shall not exceed 1000 milligrams of sodium and shall be low in fat (standard is no more than 30 percent or less of total calories). Limit of 2 high–sodium meals served in any week.
(b) Subcontractor shall provide all condiments that are normally served with specific menus including, but not limited to, salt; pepper; salad dressing; tartar sauce; mustard; catsup; cream; sugar; and garnishes, such as lemon slices and parsley (as agreed upon). A low– sodium salad dressing choice shall be offered and used in sodium and other nutrient calculations for menus with green salads. (c) Ground beef may be used no more often than twice a week and must be in solid form such as meat loaf or Salisbury steak for one of the servings. The fat content cannot exceed 15 percent. (d) Textured vegetable protein may be used at no greater amount than 30 percent of the total protein.
(e) Meat alternates (dried beans, peas, lentils, nuts, nut butters) shall not be served more often than one time per week.
(f) Desserts, such as fruits or high–nutrient density desserts shall be served throughout the week in one–half (1/2) cup portions. High– calorie desserts, such as plain gelatin desserts, cakes, pies, cookies, and similar foods, shall also be included but are to be limited to once per week. Milk–based dessert may be served once per week. A MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 169 of 198 19 dessert consisting of 50 percent fruit (fruited Jell–O, etc.) may be served once a week.
(g) Different fruits will be served once per meal. Whole fresh fruit in season shall be served at least once during each week. Canned fruit will be water packed or packed in its own juice.
2. Minimum grades for all foods shall be as follows:
(a) Beef: USDA Grade A choice
(b) Pork: USDA Number 1 (as defined in S R.A., No. 171, U.S. Standards and Grades of Pork Carcasses)
(c) Lamb USDA choice
(d) Poultry USDA Grade A to be used for all fresh or frozen poultry products. Necks, backs, and wings alone
shall not be used prior approval of the Project
Director or project designee. Reconstructed roll
products are not acceptable (optional).
(e) Variety meats: Grade No. 1 from USDA Government–inspected plants.
(f) Dairy products: Following is to be used as minimum specifications for all graded dairy products:
(1) Eggs, fresh USDA or State Graded A
(2) Cheese, USDA Grade A non–processed cheese
(3) Milk, low fat, shall be available
(g) Fish and seafood must be fresh or frozen and be a nationally distributed brand packed under continuous inspection of the U.S.
Department of Interior.
(h) Canned fruits and juices: USDA Grade A (Fancy) and Grade B (Choice) are to be used for all graded fruits and fruit juices. Grade C (Standard) may be used for pie and cobbler products only. (i) Fresh fruits: USDA Fancy to USDA No. 1 to be used for all graded fresh fruits as a minimum standard.
(j) Fresh vegetables: USDA Fancy and No. 1 to be used for all graded fresh vegetables as a minimum standard.
(k) Frozen fruits and vegetables: USDA Grade A is to be used for all graded frozen fruits and vegetables as a minimum standard.
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 170 of 198 20 3. Meal Component/Nutrient Analysis
(a) A meal component /nutrient analysis of the entire menu cycle conducted and/or approved by a Registered Dietitian shall be completed in compliance with OAA, Section 339, and California Regulations, Title 22, Division 1.8, Chapter 4, Article 5, Section 7638.5.
Computerized Nutrient Analysis Requirements:
Although not required, use of computerized nutrient analysis is strongly recommended and will help ensure and verify the nutritional adequacy of meals. The goal of assessing nutrient intakes of groups is to determine the prevalence of inadequate or excessive nutrient intakes within a particular group of individuals.
While meal patterns serve as a basic framework for menu planning, providers are encouraged to use computerized nutrient analysis because it provides specific information on nutrients the menu may not be providing. The information that a menu is not supplying all of the desired nutrients will guide the development of future menus.
As required menu elements are expanded, it is more difficult to meet all of the requirements on a daily basis. Nutrition programs for the elderly should focus on:
Vitamin A
Vitamin C
Protein
Fat
Sodium
Fiber
Not all nutrient guidelines will be met with each meal. However, areas that do not meet the requirements should be the focus of future menu revisions and nutrition education.
The following nutrients should be included in the analysis when the computerized nutrient analysis method is used: calories; protein; carbohydrates; total fat; saturated fat; total fiber; Vitamins A, C, D, E, K, thiamin, riboflavin, niacin, B6, folate, B12; calcium, chromium, copper, iron, magnesium, sodium, and zinc. In addition to meeting one third of the Dietary Reference Intakes, the menus should also follow the Dietary Guidelines for Americans.
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 171 of 198 21 (b) Menu cycle shall be analyzed on a regular basis and documentation maintained for County review.
G. Supplies Specification Procedures
The Subcontractor shall provide disposable table service based upon the supplies specification included. These supplies shall be ordered and delivered weekly at each site. A minimum of one week’s supply on hand at all times. The Contractor shall supply order forms and monitor supply usage.
The Subcontractor shall furnish, as part of supplies, the cleaning and other miscellaneous supplies (see Supplies Specification Sheet). These supplies will be ordered as needed. The Contractor shall supply order forms and monitor supply usage. (This is subject to negotiation.)
EVALUATION OF SUBCONTRACTOR
The Contractor and centralized dietary services dietitian shall evaluate the Subcontractor's performance to determine if the Agreement is in compliance in meeting requirements. All evaluations must be sent to the County nutritionist.
RECEIPTS AND INVOICES PROCEDURES
A. The Subcontractor shall issue daily delivery receipts to each site.
B. After the close of each week, the Subcontractor will furnish to the program an invoice of meals ordered by the program, the previous week. The Contractor will pay such invoices for the prior week within 30 days after receipt of same invoice or as agreed between the Contractor and Subcontractor.
DEDUCTION PROCEDURE
A. The Subcontractor shall deliver meals that meet Title III–C menu regulations. If the Subcontractor fails to deliver all menu items or appropriate substitute items and/or the program rejects food, the Subcontractor shall be reimbursed as outlined in Section 4, "Meal Standards."
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 172 of 198
CITY COUNCIL
AGENDA REPORT
DATE: JUNE 5, 2023
SECTION: CONSENT - RESOLUTIONS
ITEM NO.: 1
FILE I.D.: STB300–17
DEPT.: CITY MGR.
PREPARER: C. GRAVES
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 23–3405 AUTHORIZING PLACEMENT
OF LIENS ON CERTAIN PROPERTIES FOR DELINQUENT SEWER AND TRASH CHARGES REASON FOR CONSIDERATION: Staff has identified 141 sewer and trash accounts in the even–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 $46,164.87, plus $2,820.00 for release of lien fees, plus $7,050.00 in lien fees, for a total of $56,034.87.
RECOMMENDATION: Staff recommends the City Council adopt Resolution No. 23–3405 authorizing placement of liens on certain properties for delinquent sewer and trash charges.
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 173 of 198 Resolution No. 23–3405 Page 1 of 1
RESOLUTION NO. 23–3405
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 141 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 May 4, 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, June 5, 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 – June 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. 23–3405 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 – 06/05/2023 Page 174 of 198 Exhibit A to Resolution No. 23–3405
Report of Delinquent Civil Debts – June 2023
Street No. Street Account
Type Delinquency Release of Lien Fee Lien Fee Total Lien Amount 11225 Ada Avenue Residential 302.90 20.00 50.00 372.90
11239 Ada Avenue Residential 270.32 20.00 50.00 340.32
10207 Amherst Avenue Residential 302.50 20.00 50.00 372.50 11141 Amherst Avenue Residential 302.90 20.00 50.00 372.90 11151 Amherst Avenue Residential 302.90 20.00 50.00 372.90 5512 Arrow Hwy #D Residential 206.15 20.00 50.00 276.15 4740 Bandera Street Multifamily 613.31 20.00 50.00 683.31 4959 Bandera Street Residential 209.08 20.00 50.00 279.08 4432-34 Bandera Street Multifamily 515.44 20.00 50.00 585.44 10145 Bel Air Avenue Residential 302.90 20.00 50.00 372.90 10151 Bel Air Avenue Residential 230.81 20.00 50.00 300.81 10283 Bel Air Avenue Residential 328.68 20.00 50.00 398.68 10545 Belgian Place Residential 501.54 20.00 50.00 571.54 5216 Belvedere Way Residential 296.03 20.00 50.00 366.03 5219 Belvedere Way Residential 332.59 20.00 50.00 402.59 5214 Berkshire Wat Residential 225.89 20.00 50.00 295.89 11419 Brunswick Lane Residential 325.88 20.00 50.00 395.88 11372 Buckskin Avenue Residential 302.12 20.00 50.00 372.12 10464 Calico Court Residential 210.28 20.00 50.00 280.28 10401 Camarena Avenue Residential 258.98 20.00 50.00 328.98 10234 Camulos Avenue Residential 303.00 20.00 50.00 373.00 10259 Camulos Avenue Residential 302.90 20.00 50.00 372.90 11409 Cannery Row Residential 330.15 20.00 50.00 400.15 4924 Canoga Street Residential 302.90 20.00 50.00 372.90 5440 Carlton Street Residential 315.07 20.00 50.00 385.07 11168 Carriage Avenue Residential 241.41 20.00 50.00 311.41 11239 Carriage Avenue Senior 268.48 20.00 50.00 338.48
11178 Carrillo Avenue Residential 302.90 20.00 50.00 372.90 4337 Clair Street Residential 355.08 20.00 50.00 425.08 4397 Clair Street Residential 422.73 20.00 50.00 492.73 10164 Coalinga Avenue Residential 302.90 20.00 50.00 372.90 10231 Coalinga Avenue Residential 245.11 20.00 50.00 315.11 10276 Coalinga Avenue Residential 347.79 20.00 50.00 417.79 11148 Coalinga Avenue Residential 302.90 20.00 50.00 372.90 11465 Cobblestone Lane Residential 317.14 20.00 50.00 387.14 5222 Coventry Way Residential 201.23 20.00 50.00 271.23 11438 Cumberland Lane Residential 288.21 20.00 50.00 358.21 11476 Cumberland Lane Residential 331.98 20.00 50.00 401.98 11446 Dartmouth Lane Residential 265.45 20.00 50.00 335.45 10190 Del Mar Avenue Residential 302.90 20.00 50.00 372.90 10236 Del Mar Avenue Residential 302.36 20.00 50.00 372.36 4526 Donner Court Residential 243.04 20.00 50.00 313.04 11159 Essex Avenue Residential 302.90 20.00 50.00 372.90 4705 Evart Street Residential 303.44 20.00 50.00 373.44 4790 Evart Street Residential 200.34 20.00 50.00 270.34 4114 Faircove Court Residential 334.19 20.00 50.00 404.19 MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 175 of 198 Exhibit A to Resolution No. 23–3405
Report of Delinquent Civil Debts – June 2023
Street No. Street Account
Type Delinquency Release of Lien Fee Lien Fee Total Lien Amount 4219 Fauna Street Residential 302.77 20.00 50.00 372.77 4244 Fauna Street Residential 302.95 20.00 50.00 372.95 4267 Fauna Street Residential 343.19 20.00 50.00 413.19 4291 Fauna Street Residential 302.90 20.00 50.00 372.90 4456 Fauna Street Senior 271.68 20.00 50.00 341.68
4703 Fauna Street Residential 302.90 20.00 50.00 372.90 4738 Fauna Street Residential 302.76 20.00 50.00 372.76 4852 Fauna Street Residential 302.90 20.00 50.00 372.90 4910 Fauna Street Residential 422.73 20.00 50.00 492.73 5061 Fauna Street Residential 270.32 20.00 50.00 340.32 8919-21 Felipe Avenue Multifamily 605.80 20.00 50.00 675.80 4639 Flora Street Senior 303.05 20.00 50.00 373.05
4660 Flora Street Residential 302.90 20.00 50.00 372.90 5370 Flora Street Residential 304.33 20.00 50.00 374.33 10253 Fremont Avenue Residential 302.90 20.00 50.00 372.90 10287 Fremont Avenue Residential 332.60 20.00 50.00 402.60 11049 Fremont Avenue Residential 513.48 20.00 50.00 583.48 10149 Galena Avenue Residential 302.90 20.00 50.00 372.90 10161 Geneva Avenue Residential 257.72 20.00 50.00 327.72 11327 Halifax Lane Residential 288.21 20.00 50.00 358.21 4103 Howard Street Residential 302.90 20.00 50.00 372.90 4341 Howard Street Residential 424.20 20.00 50.00 494.20 4854 Howard Street Residential 240.42 20.00 50.00 310.42 4910 Howard Street Residential 332.76 20.00 50.00 402.76 4992 Howard Street Residential 224.48 20.00 50.00 294.48 5044 Howard Street Residential 429.15 20.00 50.00 499.15 10236 Kimberly Avenue Residential 302.90 20.00 50.00 372.90 10244 Kimberly Avenue Residential 485.10 20.00 50.00 555.10 11065 Kimberly Avenue Residential 302.89 20.00 50.00 372.89 11175 Kimberly Avenue Residential 315.93 20.00 50.00 385.93 4671 Kingsley Street Multifamily 554.01 20.00 50.00 624.01 4762 Kingsley Street Residential 295.84 20.00 50.00 365.84 4909 Kingsley Street Residential 422.73 20.00 50.00 492.73 5015 Laurel Street Residential 365.57 20.00 50.00 435.57 10360-62 Lehigh Avenue Multifamily 605.80 20.00 50.00 675.80 4573 Mane Street Residential 422.73 20.00 50.00 492.73
4595 Mane Street Residential 302.50 20.00 50.00 372.50
4696 Mane Street Residential 257.45 20.00 50.00 327.45
4839 Mane Street Residential 302.90 20.00 50.00 372.90
4846 Mane Street Residential 332.01 20.00 50.00 402.01
8875 Maple Avenue Residential 331.40 20.00 50.00 401.40 11154 Marion Avenue Residential 278.26 20.00 50.00 348.26 11336 Marquette Lane Residential 315.07 20.00 50.00 385.07 11442 Marquette Lane Residential 331.21 20.00 50.00 401.21 10189 Mills Avenue Residential 422.73 20.00 50.00 492.73 10231 Mills Avenue Residential 302.90 20.00 50.00 372.90 MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 176 of 198 Exhibit A to Resolution No. 23–3405
Report of Delinquent Civil Debts – June 2023
Street No. Street Account
Type Delinquency Release of Lien Fee Lien Fee Total Lien Amount 3796 Millstone Lane Residential 292.10 20.00 50.00 362.10 11419 Millstone Lane Residential 220.77 20.00 50.00 290.77 11458 Millstone Lane Residential 329.25 20.00 50.00 399.25 5060 Montclair Plaza Lane Commercial 430.13 20.00 50.00 500.13 5239 Monte Verde Street Residential 302.50 20.00 50.00 372.50 10290 Monte Vista Avenue Residential 308.95 20.00 50.00 378.95 11007 Monte Vista Avenue Residential 224.92 20.00 50.00 294.92 10163 Oak Glen Avenue Senior 271.68 20.00 50.00 341.68
10241 Oak Glen Avenue Residential 206.20 20.00 50.00 276.20 10594 Oak Glen Avenue Residential 422.73 20.00 50.00 492.73 10604 Oak Glen Avenue Residential 202.02 20.00 50.00 272.02 4595 Oakdale Street Residential 302.55 20.00 50.00 372.55 5171 Orchard Street Senior 533.79 20.00 50.00 603.79
5422 Orchard Street Residential 302.90 20.00 50.00 372.90 3971 Peachwood Drive Residential 206.15 20.00 50.00 276.15 10154 Poulsen Avenue Residential 302.95 20.00 50.00 372.95 10206 Pradera Avenue Residential 302.90 20.00 50.00 372.90 10231 Pradera Avenue Residential 270.32 20.00 50.00 340.32 4765 Rodeo Street Residential 312.00 20.00 50.00 382.00 5054 Rodeo Street Residential 433.91 20.00 50.00 503.91 8949 Rose Avenue Commercial 360.97 20.00 50.00 430.97
8981 Rose Avenue Commercial 315.07 20.00 50.00 385.07
10222-24 Rose Avenue Multifamily 540.63 20.00 50.00 610.63 10242-44 Rose Avenue Multifamily 568.34 20.00 50.00 638.34 4675 Saddleback Street Residential 249.16 20.00 50.00 319.16 5049 Saddleback Street Residential 304.72 20.00 50.00 374.72 5155 Saddleback Street Residential 231.18 20.00 50.00 301.18 5175 San Antonio Way Residential 422.73 20.00 50.00 492.73 11020 San Pasqual Avenue Residential 302.90 20.00 50.00 372.90 11083 San Pasqual Avenue Residential 330.72 20.00 50.00 400.72 10183 Santa Anita Avenue Residential 346.93 20.00 50.00 416.93 10204 Santa Anita Avenue Residential 422.73 20.00 50.00 492.73 10221 Santa Anita Avenue Residential 319.71 20.00 50.00 389.71 10298 Santa Anita Avenue Residential 470.98 20.00 50.00 540.98 10170 Saratoga Avenue Residential 303.32 20.00 50.00 373.32 10201 Saratoga Avenue Senior 242.80 20.00 50.00 312.80
11144 Shetland Avenue Residential 373.57 20.00 50.00 443.57 11011 Stallion Avenue Residential 341.41 20.00 50.00 411.41 10289 Tudor Avenue Residential 302.90 20.00 50.00 372.90 10115 Vernon Avenue Residential 304.33 20.00 50.00 374.33 10236 Vernon Avenue Residential 304.33 20.00 50.00 374.33 5533 Vernon Court Residential 270.32 20.00 50.00 340.32 10373 Via Palma Residential 328.74 20.00 50.00 398.74
11043 Wesley Avenue Residential 302.91 20.00 50.00 372.91 11053 Wesley Avenue Residential 302.90 20.00 50.00 372.90 10995 Whitewater Avenue Residential 278.93 20.00 50.00 348.93 MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 177 of 198 Exhibit A to Resolution No. 23–3405
Report of Delinquent Civil Debts – June 2023
Street No. Street Account
Type Delinquency Release of Lien Fee Lien Fee Total Lien Amount 11178 Whitewater Avenue Residential 302.90 20.00 50.00 372.90 4515 Yosemite Drive Residential 594.75 20.00 50.00 664.75 10472 Yosemite Drive Residential 324.74 20.00 50.00 394.74 Totals: $46,164.87 $2,820.00 $7,050.00 $56,034.87
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 178 of 198
CITY COUNCIL
AGENDA REPORT
DATE: JUNE 5, 2023
SECTION: CONSENT - RESOLUTIONS
ITEM NO.: 2
FILE I.D.: STG085
DEPT.: PUBLIC WORKS
PREPARER: M. HEREDIA
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 23–3406 APPROVING A LIST OF PROJECTS TO BE FUNDED IN FY 2023–24 BY SENATE BILL 1, THE CALIFORNIA ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
REASON FOR CONSIDERATION: On April 28, 2017, the Governor signed the Road Repair and Accountability Act of 2017, also known as Senate Bill 1 (SB1). To establish eligibility for the legislation, and thereby receive funding, the California Transportation Commission (CTC) requires a resolution specifying the projects for which each city intends to spend its SB1 funding allocation for Fiscal Year 2023–2024. The City Council is requested to consider adopting Resolution No. 23–3406 confirming the allocation of SB1 funding in FY 2023–24 for the Silicon Avenue Street Rehabilitation.
BACKGROUND: The Road Repair and Accountability Act of 2017 provides funding to cities and counties for basic road maintenance, rehabilitation, and critical safety projects on the local streets and roads system through the creation of a Road Maintenance and Repair Account (RMRA). SB1 increased the per–gallon fuel excise taxes, diesel fuel sales taxes, vehicle registration and taxes, and provides inflationary adjustments to fuel tax rates in future years. Upon full implementation, SB1 will generate over $5.0 billion annually in California, with approximately $1.5 billion going to cities and counties for local streets and roads annually.
Collected tax revenue is deposited into the RMRA and some of this funding is apportioned by formula to eligible cities and counties. It is important to note that new RMRA allocations may not be used to supplant local agency general fund spending for street maintenance and rehabilitation efforts. Therefore, in addition to meeting the transparency and reporting requirements, local agencies are required to sustain existing maintenance of effort (MOE) levels by continuing general fund street expenditures as specified in the legislation. The City’s estimated MOE is $1,251,522.
For FY 2023–2024, it is estimated that the City of Montclair will receive approximately $942,426 in RMRA funding, with monthly payments starting in September 2023.
Pursuant to Streets and Highways Code Section 2030, RMRA funds must be used for projects that include but are not limited to the following:
Road maintenance and rehabilitation
Safety projects
Railroad grade separations
Traffic control devices
Complete street components, including active transportation (bicycle and pedestrian) projects, transit facilities, and storm–water capture projects.
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 179 of 198 RMRA funds may also be used to satisfy a match requirement in order to obtain state or federal funds for eligible projects. Also, to the extent possible, cost permitting, cities and counties are encouraged to include the following project elements:
Advanced recycling techniques that lower greenhouse gas emissions and reduce the cost of maintaining streets through material choice and construction methods.
Transportation infrastructure that supports technologies such as zero emission vehicle fueling or charging.
Complete street elements that improve safety or the quality of bicycle or pedestrian facilities.
Staff has identified one project to be partially funded using RMRA funding:
Silicon Avenue Street Rehabilitation Project (Design & Construction) This project includes the removal and replacement of existing curb, gutter, sidewalk, drive approaches, pavement, catch basins, signing and striping and street lights.
FISCAL IMPACT: SB1 funds will be used to pay for the Silicon Avenue Street Rehabilitation Project.
RECOMMENDATION: Staff recommends the City Council adopt Resolution No. 23–3406 approving a list of projects to be funded in FY 2023–24 by Senate Bill 1, the California Road Repair and Accountability Act of 2017.
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 180 of 198 Resolution No. 23–3406 Page 1 of 2
RESOLUTION NO. 23–3406
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MONTCLAIR ADOPTING A LIST OF PROJECTS FOR
FISCAL YEAR 2023–24 FUNDED BY SB 1 – THE ROAD
REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi–modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City, will receive an estimated $942,426 in RMRA funding in Fiscal Year (FY) 2023–2024 from SB 1; and
WHEREAS, this is the seventh year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, the City is using a Five Year Capital Improvement Plan to develop the SB 1 project list to ensure revenues are being used on the most high–priority and cost– effective projects that also meet the communities priorities for transportation investment; and
WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City streets and roads are in an good condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into excellent condition; and WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting–edge technology, materials and practices, will have significant positive co–benefits statewide.
NOW, THEREFORE, IT IS HEREBY RESOLVED, ORDERED, AND FOUND by the City Council of the City of Montclair, State of California, as follows:
1. The foregoing recitals are true and correct.
2. The following project will be funded in–part with FY 2023–2024 Road Maintenance and Rehabilitation Account revenues:
Project Title: Silicon Avenue Street Rehabilitation Project Project Description: This project includes the removal and replacement of existing curb, gutter, sidewalk, drive approaches,
pavement, catch basins, signing and striping and street lights.
Project Location: Silicon Avenue from State Street to Mission Blvd.
Estimated Project
Schedule: Start (09/23) – Completion (09/25)
Estimated Project
Useful Life: 30 years
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 181 of 198 Resolution No. 23–3406 Page 2 of 2
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. 23–3406 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 – 06/05/2023 Page 182 of 198
CITY COUNCIL
AGENDA REPORT
DATE: JUNE 5, 2023
SECTION: CONSENT - RESOLUTIONS
ITEM NO.: 3
FILE I.D.: FLP180/SEW075
DEPT.: PUBLIC WORKS
PREPARER: M. HEREDIA
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 23–3407 ADJUSTING THE EQUIVALENT
DWELLING UNIT MONTHLY FEE FOR SEWER SERVICE
REASON FOR CONSIDERATION: The Inland Empire Utilities Agency (IEUA) provides sewage treatment services to the City of Montclair and six other regional contracting agencies. The IEUA Board of Directors has approved a rate increase for the fee charged to the contracting agencies for this sewage treatment. This higher rate is effective July 1, 2022. In order to cover the cost of the rate increase by IEUA, the City must increase the rates charged to its customers. The rate may be changed by a resolution adopted by the City Council.
BACKGROUND: IEUA provides sewage treatment for seven regional contracting agencies, including the City of Montclair. Treatment costs are passed on to City residents and businesses via a monthly fee based on an equivalent dwelling unit (EDU).
Annual adjustments in these rates may be made, provided that the rates have been approved by the City Council, under the requirements of Proposition 218.
On July 22, 2019, the City Council conducted a public hearing in accordance with Proposition 218 requirements. As a result of that hearing process, rate caps were approved by the City Council for a five–year period ending June 30, 2024. For Fiscal Year (FY) 2023–24, the maximum rate established by the City Council was $34.39 per EDU per month, of which $24.31 and $8.58 per EDU was projected to be the cap for IEUA’s and City Sewer Maintenance component portions respectively. IEUA recently approved its component portion of the rate for FY 2023–24 at $23.39 per EDU effective July 1, 2023. The City was able to defer the adjustment to the sewer maintenance fund projected for 2021–22. However, as a result of increased program expenses, the City needs to adjust the City Maintenance fund component. As such, the total proposed sewer rate is $33.47.
The current rate and the proposed rate are as follows:
Effective Date
Part 1
IEUA Sewer
Treatment Fee
Part 2
City Sewer
Maintenance Fund
Part 3
City Sewer
Replacement Fund
Rate
July 1, 2022 $21.86 $7.78 $1.50 $31.14
July 1, 2023 $23.39 $8.58 $1.50 $33.47
FISCAL IMPACT: Adoption of Resolution No. 23–3407 will allow the City to collect sufficient funds to pay the higher treatment rate being assessed by IEUA, pay for increased maintenance costs, and continue to contribute to the sewer replacement fund.
Should the City not adopt Resolution No. 23–3407, it would still be obligated to pay the increased IEUA treatment rate and find some other source of funds for sewer maintenance, or operate the sewer program at a deficit.
RECOMMENDATION: Staff recommends that the City Council adopt Resolution No. 23– 3407 adjusting the equivalent dwelling unit monthly fee for sewer service.
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 183 of 198 Resolution No. 23–3407 Page 1 of 1
RESOLUTION NO. 23–3407
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MONTCLAIR SETTING
THE EQUIVALENT DWELLING UNIT RATE
FOR SEWER SERVICE
WHEREAS, on July 22, 2019, the City Council of the City of Montclair conducted a public hearing to discuss maximum sewer rates for the five–year period commencing July 1, 2019, and terminating June 30, 2024; and
WHEREAS, the City Council of the City of Montclair approved the rates as recommended by staff; and
WHEREAS, the maximum allowable monthly rate to be charged per equivalent dwelling unit (EDU) for the period commencing July 1, 2023, and ending June 30, 2024, was set through the Proposition 218 process as follows:
Part 1 Fee – Inland Empire Utilities Agency Treatment Fee $ 24.31 Part 2 Fee – City Sewer Maintenance Fund 8.58
Part 3 Fee – City Sewer Replacement Fund 1.50
Total Maximum Monthly EDU Rate $34.39; and
WHEREAS, the Regional Advisory Committees and the Board of Directors of Inland Empire Utilities Agency (IEUA) have approved the Regional Wastewater Program Budget with an associated sewer service rate for Fiscal Year 2023–24; and WHEREAS, effective July 1, 2023, IEUA has set the total service rate for the operation and maintenance of the regional sewage system and the treatment of domestic sewage at $23.39 per equivalent dwelling unit (EDU) per month; and WHEREAS, the expenses for the City Sewer maintenance program have increased and it is necessary to adjust this component to adequately recover these program costs.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Montclair does hereby set the monthly EDU rate as follows:
Part 1 Fee – Inland Empire Utilities Agency Treatment Fee $ 23.39 Part 2 Fee – City Sewer Maintenance Fund 8.58
Part 3 Fee – City Sewer Replacement Fund 1.50
Total Maximum Monthly EDU Rate $33.47
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. 23–3407 was duly adopted by the City Council of said city and was approved by the Mayor of said city at a regular meeting of said City Council held on the XX day of XX, 2022, and that it was adopted by the following vote, to–wit:
AYES: XX
NOES: XX
ABSTAIN: XX
ABSENT: XX
Andrea M. Myrick
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 184 of 198
CITY COUNCIL
AGENDA REPORT
DATE: JUNE 5, 2023
SECTION: CONSENT - RESOLUTIONS
ITEM NO.: 4
FILE I.D.: LDA550
DEPT.: PUBLIC WORKS
PREPARER: R. HOERNING
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 23–3408 ORDERING THE VACATION OF
A PORTION OF THE NORTH SIDE OF ARROW HIGHWAY NEAR FREMONT AVENUE REASON FOR CONSIDERATION: The City Council is requested to consider approval of Resolution No. 23–3408 to vacate a portion of excess right–of–way on Arrow Highway not required for street and highway purposes. The City may summarily vacate a street or portion thereof by adopting a resolution of vacation.
BACKGROUND: On May 16, 2022, the City Council approved Tract Map No. 20273 and authorized the recordation of the map with the Office of the San Bernardino County Recorder. Tract Map No. 20273, known as The Village at Montclair, located on the north side of Arrow Highway near Fremont Avenue, is within the Station District zoning area of the North Montclair Downtown Specific Plan (NMDSP). The Arrow Station residential community is on the west, Montclair Transcenter on the north, and the Pep Boys Auto store and self–serve car wash on the east. The Village Development received approval from the Planning Commission and was approved by the City Council on December 7, 2020. Tract Map No. 20273 identifies the excess right of way to be abandoned.
The San Bernardino County Surveyor’s Office is requesting additional documentation from the City to ensure the right–of–way shown to be abandoned on Tract Map No. 20273 is acceptable to the City. The City may summarily vacate rights–of–way of a street or highway not required for street or highway purposes by adopting a resolution of vacation. The area proposed for vacation lies north of the 50–foot street half width of Arrow Highway and is not needed for street purposes. Attached to Resolution No. 23– 3408 is Exhibit “A”, which graphically shows the portion of the street to be vacated.
Village Partners Development intends to use this excess right–of–way area to be vacated as part of their proposed development. Adoption of this resolution to vacate will confirm the City’s intent to vacate this portion of the excess right–of–way not needed for Arrow Highway.
FISCAL IMPACT: There is no fiscal impact that would result from approval of Resolution No. 23–3408.
RECOMMENDATION: Staff recommends the City Council approve Resolution No. 23– 3408 ordering the vacation of a portion of the north side of Arrow Highway near Fremont Avenue.
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 185 of 198 Resolution No. 23–XX Page 1 of 1
RESOLUTION NO. 23–3408
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MONTCLAIR ORDERING THE VACATION OF A
PORTION OF THE NORTH SIDE OF ARROW HIGHWAY
NEAR FREMONT AVENUE
WHEREAS, right–of–way for Arrow Highway was dedicated to San Bernardino County with the recordation of an easement for public road and highway purposes as recorded April 27, 1970 in book 7431, page 808, Records of San Bernardino County Recorder; and
WHEREAS, the City of Montclair City Council intends to vacate excess right of way on the north side of Arrow Highway near Fremont Avenue as shown on Tract Map No. 20273 pursuant to the requirements of the Summary Vacation chapter of the Streets and Highways Code (Section 8330 et seq.); and
WHEREAS, the excess right–of–way of Arrow Highway is that portion on the north side of Arrow Highway lying north of the 50–foot street half width as shown on Tract Map No. 20273 and said excess right–of–way of Arrow Highway not required for street or highway purposes; and
WHEREAS, on December 7, 2020, the Planning Commission and City Council approved Resolution No. 20–3285 determining the requested entitlements, including Tentative Tract Map No. 20273, to be consistent with the adopted General Plan and the North Montclair Downtown Specific Plan (NMDSP); and
WHEREAS, on May 16, 2022, the City Council approved final Tract Map No. 20273 and authorized the recordation of the map with the Office of the San Bernardino County Recorder; and
WHEREAS, from and after the date of recordation of Resolution No 23–3408 at the San Bernardino County Recorder’s Office, that portion of Arrow Highway lying north of the 50–foot street half width as shown on Tract Map No. 20273 and as shown on Exhibit A will no longer constitute a public right–of–way of Arrow Highway street.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Montclair hereby orders the vacation of that portion of Arrow Highway lying north of the 50–foot street half width as shown on Tract Map No. 20273 and as shown on Exhibit A, attached hereto, and the City Clerk shall cause a certified copy of this Resolution of vacation be recorded with the Office of the San Bernardino County Recorder.
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. 23–3408 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 – 06/05/2023 Page 186 of 198 MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 187 of 198 Public Works Committee Meeting Minutes – March 16, 2023 Page 1 of 4
MINUTES OF THE REGULAR MEETING OF THE PUBLIC WORKS
COMMITTEE HELD ON THURSDAY, MARCH 16, 2023, AT 4 P.M. IN THE THEATER CONFERENCE ROOM 9955 FREMONT AVENUE,
MONTCLAIR, CALIFORNIA
I. CALL TO ORDER
Chair Johnson called the meeting to order at 4:04 p.m.
II. ROLL CALL
Present: Mayor Pro Tem Johnson (Chair); Council Member Martinez (Committee Member); City Manager Starr; Director of Community Development Diaz; Director of Public Works/City Engineer Heredia; Captain Reed; Engineering Division Manager Stanton, Project Manager Ortega
Absent: Executive Director of Public Safety/Police Chief Avels; Director of Economic Development Agency Fuentes
III. APPROVAL OF MINUTES
The Committee approved the minutes of the meetings of October 20, 2022, November 17, 2022, and February 16, 2023.
IV. PUBLIC COMMENT — None
V. PUBLIC WORKS DEPARTMENT UPDATES/ITEMS
A. OPERATIONS
1. MAINTENANCE ACTIVITIES
An Operations Activities Report for February 2023 was included with the agenda. There were no questions or issues with the report.
2. ADDITIONAL ITEMS — None
B. FACILITIES
1. MAINTENANCE ACTIVITIES
A Facilities Activities Report for February 2023 was included with the agenda. There were no questions or issues with the report.
2. ADDITIONAL ITEMS — None
C. ENGINEERING DIVISION
1. Howard Street and Ramona Avenue Roundabout
Director of Public Works/City Engineer Heredia reported the project will be going to Council this Monday, March 20, 2023, to advertise the project for MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 188 of 198 Public Works Committee Meeting Minutes – March 16, 2023 Page 2 of 4 construction. The consultant was able to fit the 80-foot diameter roundabout within the right-of-way. Pavers, flashing beacons, high-visible crosswalks with pavers, a monument sign and signage, along with a major storm drain system to address flooding at this location will be implemented as part of the project.
2. Parks and Recreation Master Plan
Director of Public Works/City Engineer Heredia reported a community workshop was held on Tuesday, March 14, 2023. There was additional feedback obtained. KTU&A, the consultant, analyzed all of the City’s facilities. They determined where the City is lacking parks and how to augment the current facilities or add amenities.
The Draft Parks and Recreation Master Plan will be presented at the City Council Workshop on April 3, 2023. The adoption is projected to happen by May or June 2023.
3. Sunset Park Improvements
Director of Public Works/City Engineer Heredia displayed images of the proposed Sunset Park Improvements between Orchard Street and Kingsley Street. The illustrations depicted walking paths, a playground, a new monument sign, permeable pavers, exercise stations, additional fruit trees, picnic tables, and new restrooms. The theme will be mountains and rivers.
VI. POLICE DEPARTMENT UPDATE/ITEMS — None
VII. COMMUNITY DEVELOPMENT DEPARTMENT PROJECT UPDATES/ITEMS Director of Community Development Diaz reported the completion of the building at Mission Boulevard and Monte Vista Avenue. The building will soon be ready for occupancy.
Additionally, he reported progress in remodeling the business center on the northeastern corner of Central Avenue and Palo Verde Street. The projected date of completion is May or June 2023.
VIII. CAPITAL PROJECT UPDATES
A. LOCAL PROJECTS
1. Reeder Ranch Park
Engineering Division Manager Stanton reported that the contract was awarded to PUB Construction on February 21, 2023. All the agreements, bonds, and insurance have been received from the contractor. City staff is now able to schedule a pre-construction meeting for March 30, 2023. City staff expects to issue the notice to proceed on April 14, 2023. The estimated completion date is March 29, 2024.
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 189 of 198 Public Works Committee Meeting Minutes – March 16, 2023 Page 3 of 4 B. REGIONAL PROJECTS
1. I–10 Corridor Project
Director of Public Works/City Engineer Heredia reported, Caltrans continues with their work on Monte Vista Avenue with utility relocation. They are beginning to build a center median in the freeway.
Currently, Monte Vista Avenue under the freeway overpass is reduced to one lane in each direction during the day and closed at night.
On March 31, the Monte Vista Avenue off-ramp will be closed from 7 p.m. to 5 a.m.
On April 11, 2023, the Monte Vista Avenue westbound on and off-ramp will be reduced to one lane and have restricted turning lanes.
A ten-day closure is scheduled at both westbound on and off-ramps on Central Avenue from April 18, 2023, through April 28, 2023.
IX. COMMITTEE AND CITY MANAGER ITEMS
City Manager Starr reported that yesterday, Congresswoman Norma Torres presented the Police Department with an $800,000 check for body-worn cameras.
City Manager Starr continued that earlier today, he and Director of Economic Development Agency Fuentes met with the City’s federal legislative advocate and US Senator’s Office representatives for this year’s community program funding requests.
Three requests will be made:
$3.5 million for affordable housing to restore the homes and make them available to low-income members of the community.
$2.5 million for Transcenter improvements such as benches, trashcans, the installation of a bike storage center, and restoring canopies. $4.5 million for the San Antonio Creek Trail improvements.
City Manager Starr is hopeful one of the three will be funded this year. The City has been able to obtain funding consistently for one of three requests the last two years.
City Manager Starr reported the status of the ongoing Gold Line funding issue. The Metro Gold Line Foothill Extension Construction Authority (Construction Authority) announced major construction of the Gold Line is near completion. From April 2023 through the end of 2024, the focus will be to complete the installation of the facility to operate the Gold Line and the construction of the stations in the four cities that will be receiving Gold Line service: Glendora, San Dimas, La Verne, and Pomona.
The previously estimated cost of funding to complete the Gold Line from Pomona to Montclair was $798 million. The Construction Authority believes there will be a $40 million surplus from the current project, reducing the amount sought by the City to around $750 million.
City Manager Starr reported the Construction Authority has approached the San Gabriel Valley Council of Governments (SGV COG) to allocate funds from Los Angeles County’s Measure R to the Gold Line. Four years ago, SGV COG agreed to MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 190 of 198 Public Works Committee Meeting Minutes – March 16, 2023 Page 4 of 4 contribute $125 million from Measure R for construction of the Gold Line from La Verne to Pomona. The Construction Authority is hopeful the SGV COG will do so again.
City Manager Starr noted while there are $4 billion for transit-related projects in the state budget, the governor has decided to use the funds to balance the state’s $21 billion deficit. Legislative representatives have stated that they will work with the governor to try and hold on to $2-3 billion to ensure some funding goes to the Gold Line. Considering the obstacles encountered to fund the Gold Line from Pomona to Montclair, City Manager Starr is hopeful the project will be completed by 2030.
X. ADJOURNMENT
The Public Works Committee cancelled the next regularly scheduled meeting on Thursday, April 20, 2023, due to lack of a quorum.
At 4:28 p.m., Chair Johnson adjourned the meeting of the Public Works Committee.
The next meeting of the Public Works Committee is scheduled to be held at 4:00 p.m. on Thursday, May 18, 2023.
Submitted for Public Works Committee
approval,
Nadia Paz
Transcribing Secretary
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 191 of 198 Personnel Committee Minutes – May 15, 2023 Page 1 of 1
MINUTES OF THE MEETING OF THE MONTCLAIR
PERSONNEL COMMITTEE HELD ON MONDAY,
MAY 15, 2023, AT 6:05 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 6:05 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 May 1, 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 May 1, 2023.
IV. PUBLIC COMMENT – None
V. CLOSED SESSION
At 6:06 p.m., the Personnel Committee went into Closed Session regarding personnel matters related to appointments, resignations/ terminations, and evaluations of employee performance.
At 6:28 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 6:28 p.m., Mayor Pro Tem Johnson adjourned the Personnel Committee.
Submitted for Personnel Committee approval,
Edward C. Starr
City Manager
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 192 of 198
PENDING
APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – May 15, 2023 Page 1 of 6
MINUTES OF THE REGULAR JOINT MEETING OF THE MONTCLAIR
CITY COUNCIL, SUCCESSOR AGENCY AND MONTCLAIR HOUSING
CORPORATION BOARDS, MONTCLAIR HOUSING AUTHORITY
COMMISSION, AND MONTCLAIR COMMUNITY FOUNDATION
BOARD HELD ON MONDAY, MAY 15, 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
Reverend Maggie Burbank Yenoki, Monte Vista Unitarian Universalist Congregation, 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; Director of Community Development Diaz; Director of Public Works/City Engineer Heredia; Acting Police Chief Reed; City Attorney Robbins; City Clerk Myrick
Absent: Council Member/Director Lopez (excused)
V. PRESENTATIONS — None
VI. PUBLIC COMMENT
Ruby Long, Field Representative for San Bernardino County Fourth District Supervisor Curt Hagman, announced several upcoming events hosted by the Supervisor’s Office including a free document shredding event at Chino City Hall on Saturday, June 3, 2023, from 9:00 a.m. to noon, in partnership with the City of Chino; an Open House event on June 7, 2023, at the Chino Hills district office; and an Expungement and Job Fair event at Terminal 1 of the Ontario International Airport on June 15, 2023, from 10:00 a.m. to 2:00 p.m. Marco Tule, Inland Empire Utilities Agency (IEUA) Board President, stated the City’s initial 50–year sewer treatment contract with IEUA has expired as of December 2022, despite the City and other contracting agencies negotiating for a successor agreement over the past seven years. He implored the City to agree to a new contract to guarantee sewer service for its residents and businesses over the next 50 years.
Bill Kaufman, provided an update on his efforts in securing a location for a legal cannabis dispensary in Montclair. He stated his intent is to lease the upper level of the Shoe City property on Central Avenue and Moreno Street. He advocated for the City to allow commercial recreational cannabis businesses to operate and hopes his application for a business license will be accepted.
Carolyn Raft, West Valley Mosquito and Vector Control District Board Secretary and Montclair representative, stated she will be sending an update from the Vector Control District to the Council via email and hopes mosquito numbers will keep going down.
VII. PUBLIC HEARINGS — None
MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 193 of 198
PENDING
APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – May 15, 2023 Page 2 of 6 VIII. CONSENT CALENDAR
ACTION – Consent Calendar
ACTING: City Council
Successor Agency Board
Montclair Housing Corporation Board
Montclair Housing Authority Commissioners
Montclair Community Foundation Board
MOTION: Approve the Consent Calendar as presented.
MADE BY:
SECOND BY:
Council Member/Director Ruh
Mayor Pro Tem/Vice Chair Johnson
AYES:
NOES:
ABSTAIN:
ABSENT:
Martinez, Ruh, Johnson, Dutrey
None
None
Lopez
RESULT: Motion carried 4–0–1 (Lopez absent).
A. Approval of Minutes
1. Adjourned Meeting — May 1, 2023
ACTION – Consent Calendar – Item A–1
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez absent).
2. Regular Joint Meeting — May 1, 2023
ACTION – Consent Calendar – Item A–2
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).
B. Administrative Reports
1. Consider Receiving and Filing City Treasurer's Report – April 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).
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3. Consider Receiving and Filing SA Treasurer’s Report – April 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 – April 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 – April 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 – April 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 – April 2023
ACTION – Consent Calendar – Item B–7
ACTING: Montclair Housing Authority Commissioners
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez absent).
8. Consider Approval of MHA Warrant Register – April 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 Authorizing the City to Opt–In to Additional Opioid Settlements and Permitting the City Manager to Sign Formal and Binding Documents on Behalf of the City Related to
Participation in the Settlements
ACTION – Consent Calendar – Item B–9
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 4–0–1 MONTCLAIR CITY COUNCIL MEETING – 06/05/2023 Page 195 of 198
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(Lopez absent).
10. Consider Declaring a 2006 Chevrolet Malibu as Surplus and Available for Parts or for Sale at Auction in Lieu of a 2015 Ford Interceptor Utility Vehicle Already Approved for Surplus in the Fiscal Year 2022–23 Budget
ACTION – Consent Calendar – Item B–10
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez absent).
11. Consider Authorizing the Purchase of Two Prefabricated Restroom Units for Sunset Park from Exeloo Corporation in the Total Amount of $588,60
Consider Authorizing $590,000 from 2021 Lease Revenue
Bond Proceeds for the Purchase of Two Exeloo Prefabricated Restroom Units to Support the Sunset Park Beautification Project
Consider Authorizing a $1,400 Contingency for Miscellaneous Unforeseen Expenses ACTION – Consent Calendar – Item B–11
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez absent).
C. Agreements
1. Consider Approval of Agreement No. 23–31 with L.D. King, Inc. to Provide Plan Check, Engineering, Design, and Land Surveying Services on an As–Needed Basis, Subject to any Revisions Deemed Necessary by the City Attorney
ACTION – Consent Calendar – Item C–2
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez absent).
2. Consider Approval of Agreement No. 23–32 with Blais & Associates, Inc. for Grant Writing Services
City Attorney Robbins commented that this agreement should be made subject to any changes made by the City Attorney.
ACTION – Consent Calendar – Item C–2
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez absent).
3. Consider Approval of Agreement No. 23–33 with Omnitrans for Operation and Maintenance of the West Valley Connector Bus Rapid Transit Project
Mayor Dutrey noted this project is slated to begin construction in 2024 and be completed in 2025. The buses will be electric.
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ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez absent).
D. Resolutions
1. Consider Adoption of Resolution No. 23–3403 Approving Agreement No. 23–27, an Affordable Housing Agreement
with the Montclair Housing Authority and the Montclair
Housing Corporation; Authorizing the Transfer of 9814,
9875, and 9878 Monte Vista Avenue, Montclair, to the
Montclair Housing Authority for use as Affordable Housing Units; and Declaring Such Real Property to be Exempt Surplus Land
ACTION – Consent Calendar – Item D–1
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez absent).
Consider Adoption of MHC Resolution No. 23–01 Approving Agreement No. 23–27, an Affordable Housing Agreement
with the City of Montclair and the Montclair Housing
Authority
ACTION – Consent Calendar – Item D–1
ACTING: Montclair Housing Corporation Board
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez absent).
Consider Adoption of MHA Resolution No. 23–01 Approving Agreement No. 23–27, an Affordable Housing Agreement
with the City of Montclair and the Montclair Housing
Corporation, and Accepting the Transfer of Certain Real Property from the City of Montclair
Consider Authorizing a $75,000 Appropriation from the
Housing Trust Fund for Rehabilitation of Certain Real
Property
ACTION – Consent Calendar – Item D–1
ACTING: Montclair Housing Authority Commissioners
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez absent).
IX. PULLED CONSENT CALENDAR ITEMS — None
X. COMMUNICATIONS
A. Department Reports
1. Public Works Department — Update on Alma Hofman Park Maintenance
Public Works Director Heredia gave an update on the Splash Pad maintenance, noting the contractor is unable to finish the work until they obtain the necessary materials, which have been on back order for a long time and cannot be sourced elsewhere.
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2. Human Services Department — Upcoming Events & Programs Assistant City Manager/Director of Human Services Richter provided information on upcoming programs and events
including the opening of Summer Day Camp registration and the racquet ball courts and weight room. The annual Memorial Day event will be held at 6:00 p.m. in the Memorial Garden on Monday, May 29th.The 9th Annual Country Jamboree will be taking place on Saturday, June 3rd, at Alma Hofman Park from noon to 6:00 p.m.
B. City Attorney — None
C. City Manager/Executive Director — None
D. Mayor/Chair
1. Announcement of Vacancies on Planning Commission (3) Mayor Dutrey announced 3 vacancies on the Planning
Commission. The deadline to apply is May 23rd at 5:30 p.m.
2. Mayor/Chair Dutrey announced that he attended the Reeder Ranch Park Groundbreaking Celebration several weeks ago, indicating construction is now underway. He attended the Southern California Association of Governments (SCAG)
2023 Regional Conference & General Assembly in Palm Desert as the voting delegate for San Bernardino County
Transportation Authority (SBCTA), at which issues that affect the City were discussed. He suggested the Preliminary Budget Review Workshop and Budget Adoption meetings be scheduled and asked Council Members to check their calendars for
availability on tentative dates including June 22nd, 28th, and 29th.
E. Council Members/Directors
1. Council Member/Director Martinez commended the Bingo Bash event as being very successful. Everyone enjoyed the food, games and entertainment. She further congratulated Captain Reed on his appointment as Acting Police Chief.
2. Council Member/Director Ruh also congratulated Captain Reed on his appointment. He also expressed his appreciation for being able to attend the last City Council Meeting by Zoom, as he was away for a work commitment.
F. Committee Meeting Minutes
The following committee minutes were received and filed for informational purposes:
1. Personnel Committee – May 1, 2023
XI. ADJOURNMENT
At 7:33 p.m., the City Council, Successor Agency Board, Montclair Housing Corporation Board, Montclair Housing Authority Commission, and Montclair Community Foundation Board were adjourned.
Submitted for City Council/Successor Agency Board/Montclair Housing Corporation Board/ Montclair Housing Authority
Commission/Montclair Community Foundation Board approval,
Andrea Myrick,
City Clerk
The meeting was adjourned in memory of Mrs. Betty Evans, mother of City Attorney Robbins.
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