Montclair City Council
May 6, 2024

CITY OF MONTCLAIR

AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT is made and effective as of May 6, 2024, between the City of Montclair, a California Municipal Corporation ("City") and Cole Huber LLP ("Consultant").

In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on May 6, 2024 and shall remain and continue in effect until modified by the parties or terminated pursuant to the provisions of this Agreement.

2. SERVICES
The parties intend Consultant to assist the City with cannabis legal services.

Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.

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

4. CITY MANAGEMENT
City’s City Manager shall represent City in all matters pertaining to the administration of this Agreement, and the review and approval of all products submitted by Consultant. City’s City Manager shall be authorized to act on City’s behalf and to execute all necessary documents which enlarge the Scope of Services to be Performed or change Consultant’s compensation as provided in Section 5(b) below.

5. PAYMENT
(a) The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment Schedule of Fees set forth in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the tasks detailed in Exhibit A. (b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth MONTCLAIR CITY COUNCIL MEETING – 05/06/2024 Page 140 of 198 Agreement No. 24-33

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

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

If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement. Consultant also may terminate this Agreement by serving upon the City at least thirty (10) days prior written notice.
(b) In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant on a pro-rata basis the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 5(c).

7. DEFAULT OF CONSULTANT
(a) The Consultant’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant’s control, and without fault or negligence of the Consultant, it shall not be considered a default.

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(b) If the City Manager or his/her delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

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

Notwithstanding the above, computer software (including without limitation financial models, compilations of formulas and spreadsheet models), prepared by Consultant are Instruments of Service of Consultant and shall remain the property of Consultant.

Consultant shall likewise retain all common law, statutory and other reserved rights, including the copyright thereto.

9. INDEMNIFICATION
(a) Defense, Indemnity and Hold Harmless. Consultant shall defend, indemnify, and hold harmless the City, its present and former officers, directors, employees, agents, staff, volunteers, mayor, council, boards, committees, and representatives, as broadly interpreted (collectively, the “Indemnified Parties”), of and from all claims, suits, demands, obligations, losses, damages, sums, or any other matters threatened or presently asserted, including but not limited to all legal fees, costs of defense and litigation expenses (including legal fees, expert fees and any other costs or MONTCLAIR CITY COUNCIL MEETING – 05/06/2024 Page 142 of 198 Agreement No. 24-33

fees, including those of adverse parties imposed on or sought against the Indemnified Parties), arising directly or indirectly out of any liability or claim of loss or liability for personal injury, bodily injury to persons, contractual liability, errors or omissions, breach, failure to perform, damage to or loss of property, or any other loss, damage, injury or other claim of any kind or nature arising out of the work to be performed by Consultant herein, caused by or arising out of the negligent acts or omissions, or intentional misconduct of Consultant, including its subcontractors, subconsultants, employees, agents, and other persons or entities performing work for Consultant. (b) Contractual Indemnity. To the fullest extent permitted under California law, Consultant shall contractually indemnify, defend and hold harmless the Indemnified Parties from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, amounts for good faith settlement, or costs of any kind, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees and costs), arising out of or related to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to Consultant’s officers, agents, representative, employees, independent contractors, subcontractors, subconsultants, or affiliated or related entities and/or its or their employees, agents and representatives, caused by or arising out of all negligent acts or omissions, or intentional misconduct of Consultant, including its subcontractors, subconsultants, employees, agents and other persons or entities performing work for Consultant. Indemnification shall include any claim that Consultant, or Consultant’s employees or agents, are or may be considered and treated as employees of the City or are entitled to any employee benefits from City including but not limited to those available under Public Employees Retirement Law. The obligation to indemnify, defend and hold harmless the Indemnified Parties shall apply to all liability as defined above regardless of whether the Indemnified Parties were or are alleged to have been negligent, except that it shall not apply to claims arising from the sole negligence or willful intentional misconduct of the Indemnified Parties. Consultant’s obligation to defend the Indemnified Parties is not contingent upon there being an acknowledgement of or determination of the merit of any claims, liability, demands, causes of action, suits, losses, expenses, errors, omissions and/or costs.
(c) Subcontractors/Subconsultants and Indemnification. Consultant agrees to and shall obtain executed indemnity agreements in favor of the Indemnified Parties with provisions identical to those set forth from each and every Subcontractor, Sub consultant, or other person or entity involved by, for, with, or on behalf of Consultant in the performance of any aspect of this Agreement. In the event Consultant fails to obtain such indemnity obligations, Consultant shall be fully responsible for each and every Subcontractor, Subconsultant or other person or entity in terms of defense, indemnity and hold harmless obligations in favor of the Indemnified Parties as set forth above. This obligation to indemnify and defend the Indemnified Parties is binding on the successors, assigns, or heirs of Consultant and shall survive the full performance or termination of this Agreement. These indemnification provisions are independent of and shall not in any way be limited or superseded by the insurance requirements and insurance-related provisions of this Agreement.

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(d) City Lost or Damaged Property – Theft. Consultant further agrees to pay or cause to be paid to the Indemnified Parties’ benefit, any and all damages, fines, penalties, and loss or theft of property of the City arising out of or related in any way to the negligent acts or omissions or intentional misconduct of Consultant or of Consultant’s officers, agents, representatives, employees, independent contractors, subcontractors or affiliated or related entities and/or its or their employees, agents and representatives, whether such 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. Consultant 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 Consultant under the terms of this Agreement or otherwise. The indemnification provisions shall apply regardless of whether this Agreement is executed after Consultant begins the work and shall extend to claims arising after this Agreement is performed or terminated, including a dispute as to the termination of Consultant. The indemnity obligations of Consultant shall continue until it is determined by final judgment that the claim against the City and any Indemnified Parties is determined by final judgment and after exhaustion of any rights of appeal. Further, no aspect of this provision shall impact the City’s rights to contribution from Consultant, or for the City to dispute Consultant’s refusal to defend and indemnify City. (f) Limitations on Scope of Indemnity. Notwithstanding the foregoing, Consultant shall not be responsible for indemnification for claims or losses caused by the sole negligence or intentional wrongdoing of Indemnified Parties. Further, the indemnity provided shall be interpreted as broadly as permitted under California law and as to agreements between parties and shall if required be reformed to be consistent with those laws to protect and save this provision for the protection of the Indemnified Parties. (g) The obligations of Consultant under this or any other provision of this Agreement shall not be limited by the provisions of any workers’ compensation act or similar act. The Consultant expressly waives any statutory immunity under such statutes or laws as to the Indemnified Parties. The Consultant’s indemnity obligation set forth in this Section 9 shall not be limited by the limits of any policies of insurance required or provided by the Consultant pursuant to this Agreement.
(h) The Consultant’s covenant under this Section 9 shall survive the expiration or termination of this Agreement.

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

Additional Insured Endorsements shall not:

1. Be limited to “Ongoing Operations”

2. Exclude “Contractual Liability
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3. Restrict coverage to the “Sole” liability of contractor

4. Exclude “Third-Party-Over Actions”

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

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

Primary Insurance: This insurance shall be primary and any other insurance whether primary, excess, umbrella or contingent insurance, including deductible, or self-insurance available to the insureds added by endorsement shall be in excess of and shall not contribute with this insurance.
(3) Workers’ Compensation
Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties. (c) Notice of Cancellation.

Required insurance policies shall not be cancelled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (d) Waiver of Subrogation
Required insurance coverages shall not prohibit Consultant from waiving the right of subrogation prior to a loss. Consultant shall waive all rights of subrogation against the indemnified parties and policies shall contain or be endorsed to contain such a provision. This provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer.
(e) Evidence of Insurance
All policies, endorsements, certificates, and/or binders shall be subject to approval by the City as to form and content. These requirements are subject to amendment or waiver only if so approved in writing by the City. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

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

In the event that the Consultant’s operations are suspended for failure to maintain required insurance coverage, the Consultant shall not be entitled to an extension of time for completion of the Work because of production lost during suspension. (i) Acceptability of Insurers
Each such policy shall be from a company or companies with a current A.M.

Best’s rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. Any other rating must be approved in writing in accordance with the City.

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(j) Claims Made Policies
If coverage is written on a claims-made basis, the retroactive date on such insurance and all subsequent insurance shall coincide or precede the effective date of the initial Consultant’s Agreement with the City and continuous coverage shall be maintained or an extended reporting period shall be exercised for a period of at least five (5) years from termination or expiration of this Agreement. (k) Insurance for Subcontractors
Consultant shall be responsible for causing Subcontractors/Subconsultants to purchase the same types and limits of insurance in compliance with the terms of this Agreement, including adding the City as an Additional Insured, providing Primary and Non-Contributory coverage and Waiver of Subrogation to the Subcontractors’/Subconsultant’s policies. The Commercial General Liability Additional Insured Endorsement shall be on a form at least as board as CG 20 38 04 13.

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

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

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

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

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

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

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

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

Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Consultant. However, City’s right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
(c) Consultant shall comply with all applicable federal, state and local Conflict of Interest laws, including the Political Reform Act (California Government Code, Section 81000, et. seq.) and California Government Code, Section 1090, et. seq. Consultant covenants that neither he/she nor any officer or principal of their firm have any interest in, MONTCLAIR CITY COUNCIL MEETING – 05/06/2024 Page 149 of 198 Agreement No. 24-33

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

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

To City: Mikey Fuentes, Dir. of Economic Development
City of Montclair
5111 Benito Street
Montclair, CA 91763
To Consultant: Derek Cole, Managing Partner
Jennifer A. Mizrahi, Partner
Cole Huber LLP
2855 E Guasti Rd Suite 402.

Ontario, CA 91761

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

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

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

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

21. PRIORITY OF AGREEMENT
To the extent any provision of Consultant’s Proposal attached hereto as Exhibit “A” conflicts with the terms and provisions of this Agreement, the terms and provisions of this Agreement shall control and shall take precedence over those contained in Consultant’s Proposal.

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

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

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

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

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

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

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

28. COST OF LITIGATION
If any legal action is necessary to enforce any provision of this Agreement or for damages by reason of an alleged breach of any provisions of this Agreement (whether in contract, tort or both), the prevailing Party shall be entitled to receive from the losing Party all attorneys’ fees, costs and expenses in such amount as the courts may determine to be reasonable. In awarding the cost of litigation, the court shall not be bound by any court 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. 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.
[Signatures on Following Page]
MONTCLAIR CITY COUNCIL MEETING – 05/06/2024 Page 152 of 198 Agreement No. 24-33

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

CITY CONSULTANT
By: By:

Javier John Dutrey, Mayor Derek Cole, Managing Partner
Attest:

By:

Andrea M. Myrick, City Clerk
Approved as to Form:

By:

Diane E. Robbins, City Attorney
MONTCLAIR CITY COUNCIL MEETING – 05/06/2024 Page 153 of 198 4860-0375-6965.2
Northern California:
2281 Lava Ridge Court, Suite 300
Roseville, CA 95661
Phone: 916.780.9009
Fax: 916.780.9050
Southern California:
2855 E. Guasti Road, Suite 402
Ontario, CA 91761
Phone: 909.230.4209
Fax: 909.937.2034
Jennifer A. Mizrahi
[email protected]
REPLY TO:

ROSEVILLE  ONTARIO
April 24, 2024

VIA ELECTRONIC MAIL ONLY
Edward C. Starr
City Manager
5111 Benito Street
Montclair, CA 91763
Email: [email protected]
Re: Proposal for Cannabis Special Counsel Services
City of Montclair
Dear Mr. Starr:

Cole Huber LLP is pleased to submit this proposal for Cannabis Special Counsel Services for the City of Montclair. Below, we explain our firm’s qualifications for providing legal services, provide biographies for the attorneys who would provide these services, a scope of services, and propose rates and terms for compensation.

FIRM OVERVIEW
Founded in 2007, Cole Huber LLP is a law firm founded on a commitment to legal excellence. From our Northern California (Roseville) and Southern California (Ontario) offices, our firm provides full-service advisory services and representation to local agencies throughout the state. Our 19 full-time attorneys advise our municipal clients on the broad range of issues affecting California local government. The firm’s tagline, “Advancing Your Agenda,” is more than a tagline; it’s what we do.

Cole Huber LLP currently serves as City Attorney to nine cities, general counsel to several special districts, and special counsel to a number of cities and counties. Our attorneys also regularly author articles and publications for and speak at events sponsored by Cal Cities (League of California Cities), California Cannabis Control Summit (Infocast), and other municipal-focused organizations. In particular, Jennifer Mizrahi was Chairperson of the Cannabis Regulation Committee of Cal Cities. She was one of a team of cannabis attorneys who drafted “Seed to Sale:

A Guide to Regulating Cannabis in California Cities,” a leading legal treatise used throughout the State of California. Nationally, Jennifer has spoken in New Orleans at the National Cannabis Bar Association, where she was invited by and sat on a panel with Sal Pace, the former Minority Leader of the House of Representatives for the State of Colorado.

EXHIBT "A"
AGREEMENT NO. 24-33
MONTCLAIR CITY COUNCIL MEETING – 05/06/2024 Page 154 of 198 Edward C. Starr, City Manager
April 24, 2024

Northern California:
2281 Lava Ridge Court, Suite 300
Roseville, CA 95661
Phone: 916.780.9009
Fax: 916.780.9050
Southern California:
2855 E. Guasti Road, Suite 402
Ontario, CA 91761
Phone: 909.230.4209
Fax: 909.937.2034
The touchstones of the firm’s philosophy are responsiveness, communication, and accuracy. We make great efforts to ensure our attorneys are always available to clients, we regularly communicate with clients regarding the status of pending matters, and, most important, we correctly interpret the law. Our firm is mindful of the budgetary challenges public agencies face in today’s environment. To provide cost-effective legal services, we provide competitive hourly and flat-rate packages to our clients to ensure they get the best value for their scarce public funds.

PROPOSED LEGAL TEAM
If retained as Cannabis Special Counsel, we would propose a team of the following attorneys to provide legal services. Although we are proposing multiple attorneys, we would take great care to ensure that work is performed only by the necessary legal professionals and there is no duplication of work performed. The goal of assigning multiple personnel is to ensure that the proposed team can cover the broad scope of subjects that might arise during our representation.

Cannabis Special Counsel. Jennifer Mizrahi, Bar No. 224043, admitted January 2023.

Jennifer Mizrahi is a partner with Cole Huber, and has practiced municipal law for her entire career, spanning well-over two decades. Prior to joining Cole Huber, Jennifer served as City Attorney for Desert Hot Springs for over a decade. She also served as Assistant City Attorney for the cities of Cathedral City, Rancho Mirage, and Victorville, and Deputy General Counsel for the Southern California Logistics Airport Authority, Glendale Oversight Board, the Victorville Water District, and the Victor Valley Economic Development Authority. At the commencement of her career, Jennifer represented the City of Lynwood and the Water Replenishment District, as Deputy Legal Counsel.

During her career representing public entities, Jennifer has acquired extensive experience in many facets of municipal law, including land use planning, environmental analysis, annexation proceedings, contract negotiations, public works, prevailing wage compliance, Proposition 218, eminent domain, and sales and property tax measures.

Jennifer is also one of the leaders in cannabis law regulation, having the distinct pleasure to represent the City of Desert Hot Springs from stem to stern in the cannabis arena. Jennifer worked with elected officials to solidify their ideas and was a key player in creating a highly regulated and developer-friendly space where the cannabis industry flourished. To that end, Jennifer drafted all ordinances, regulations, policies, and procedures and oversaw the legal aspects of the regulatory field. Jennifer also worked with representatives at the State level providing input on State cannabis regulations, often being asked to give real-life experience on policies and procedures. Further, Jennifer was instrumental in working with several public agencies, including CalFire and water districts, to effectively develop a comprehensive inter-agency cannabis regulatory structure within the County of Riverside. Most importantly, Jennifer oversaw the implementation of the City Council’s zero-tolerance stance on non-compliant cannabis activity.

MONTCLAIR CITY COUNCIL MEETING – 05/06/2024 Page 155 of 198 Edward C. Starr, City Manager
April 24, 2024

Northern California:
2281 Lava Ridge Court, Suite 300
Roseville, CA 95661
Phone: 916.780.9009
Fax: 916.780.9050
Southern California:
2855 E. Guasti Road, Suite 402
Ontario, CA 91761
Phone: 909.230.4209
Fax: 909.937.2034
Jennifer was admitted to the State Bar of California in January 2003, and received her Juris Doctor from Southwestern University School of Law, and her Bachelor of Arts degree in Latin American Studies/Economics from the University of California, Santa Cruz, where she graduated with honors. Jennifer also attended the University of Madrid, Complutense, where she studied international political economy, and is fluent in speaking, reading, and writing in Spanish.

Jennifer is admitted to practice before all courts of the State of California, the United States District Court, District 7, and the Ninth Circuit Court of Appeals.

Land Use and Environmental Counsel. Derek P. Cole, Bar No. 204250, admitted 1999.

Mr. Cole is a co-founder of Cole Huber LLP. He serves as the City Attorney for the Cities of Oakley (since 2010) and Sutter Creek (since 2010). He twice served as Interim City Attorney for the City of Antioch while that city recruited for its in-house attorney (2015-2016 and 2017- 2019). Mr. Cole also previously served as the City Attorney for Angels Camp (2012-2017) and as County Counsel for Trinity County (2008-2013).

Since 2019, Mr. Cole has served as Cannabis Program counsel for Trinity County, where he advised regarding that county’s adoption of a programmatic environmental impact report for its significant commercial cannabis program and the subsequent implementation of the report’s mitigation measures.

Although Mr. Cole is familiar with all aspects of municipal government, he has an emphasis in land use and environmental law. He has ample experience in matters concerning CEQA, planning and zoning, development agreements, the Subdivision Map Act, and air and water quality laws. He also has significant experience in litigating post-approval challenges to projects under CEQA, the Planning and Zoning Law, and other applicable land use and environmental laws.

Mr. Cole was selected to the Northern California Super Lawyers list from 2015 to 2023; was named as a “Top Lawyer” in Sacramento magazine from 2015 to 2022; and was honored by the Sacramento Business Journal with “Best of the Bar” awards in 2014, 2016, and 2018.

Mr. Cole is active in the City Attorneys’ Department of the League of California Cities.

He presently serves on the Department’s Attorney Development Succession Committee. He previously served on the Department’s Nominating Committee, which is responsible for appointing the Department’s Officers, and as Chair of the Municipal Law Handbook Committee, which is responsible for publishing Cal Cities’ comprehensive guide concerning municipal law.

For two years, Mr. Cole served on the Department’s Legal Advocacy Committee, which provides counsel to the Cal Cities on its amicus or “friend-of-the-court” efforts.

MONTCLAIR CITY COUNCIL MEETING – 05/06/2024 Page 156 of 198 Edward C. Starr, City Manager
April 24, 2024

Northern California:
2281 Lava Ridge Court, Suite 300
Roseville, CA 95661
Phone: 916.780.9009
Fax: 916.780.9050
Southern California:
2855 E. Guasti Road, Suite 402
Ontario, CA 91761
Phone: 909.230.4209
Fax: 909.937.2034
Mr. Cole has further authored several amicus briefs on behalf of Cal Cities, the California State Association of Counties, California Special Districts Association, and International Municipal Lawyers Association, and other local government organizations. He has submitted amicus briefs to the United States Supreme Court, Ninth Circuit Court of Appeals, California Supreme Court, and California District Courts of Appeals.

Mr. Cole graduated with distinction from the University of the Pacific, McGeorge School of Law in 1999. At McGeorge, Mr. Cole was admitted to the Order of the Coif, Order of Barristers, and Traynor Honor Society. He was also a member of the Editorial Board of the McGeorge Law Review and published two student comments in that journal. Prior to attending law school, Mr.

Cole graduated from the University of California at Santa Barbara in 1996 with a Bachelor of Arts degree in Law and Society.

PROPOSED SCOPE OF SERVICES
The firm will collaborate with the City and its cannabis consultants to assist in developing a comprehensive commercial cannabis regulatory framework. Such assistance can include, but is not limited to: a) reviewing documents, , resolutions and regulations, b) provide insight into reallife cannabis regulatory frameworks, and 3) overall cannabis counsel provided on an as-needed basis. The firm can attend meetings with Staff, shareholders, members of City Council and others to discuss strategy, land use issues, and the overall cannabis system, on an as-needed basis. The firm can also prepare for, present at and/or attend meetings (such as Planning Commission and/or City Council) and meeting with others as may be deemed appropriate by the City. The firm will collaborate with the City Attorney, Staff, Councilmembers, consultants and any other persons to assist the City in its cannabis framework.

COMPENSATION
If retained as Cannabis Special Counsel, the firm would charge the following rates for such services. For 2024, the rate schedule is as follows:

Attorneys (21 or more years in practice) $325/hour
Attorneys (11-20 years in practice) $300/hour
Attorneys (0-10 year in practice) $275/hour
Paralegals $250/hour
In addition, the firm would seek reimbursement for standard “out of pocket” and reimbursable items. Given the proximity of the City to the Ontario office, the firm would not charge mileage for any vehicle trips associated with our travel to and from the District office.

MONTCLAIR CITY COUNCIL MEETING – 05/06/2024 Page 157 of 198 Edward C. Starr, City Manager
April 24, 2024

Northern California:
2281 Lava Ridge Court, Suite 300
Roseville, CA 95661
Phone: 916.780.9009
Fax: 916.780.9050
Southern California:
2855 E. Guasti Road, Suite 402
Ontario, CA 91761
Phone: 909.230.4209
Fax: 909.937.2034

CONCLUSION
We appreciate the opportunity to provide the City with this proposal. Any questions regarding our response may be directed to me. My mail and email addresses are listed on this page; you may also reach me by phone at 323-559-3424 (mobile). I will be happy to respond to any questions you may have.

Sincerely,
Jennifer Mizrahi

COLE HUBER LLP
JAM
MONTCLAIR CITY COUNCIL MEETING – 05/06/2024 Page 158 of 198

CITY COUNCIL

AGENDA REPORT
DATE: MAY 6, 2024
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 6
FILE I.D.: CCK350
DEPT.: ADMIN. SVCS.

PREPARER: A. MYRICK
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 24–34 AMENDING AGREEMENT NO. 22–93 WITH RECORDS CONTROL SERVICES, INC. FOR RECORDS MANAGEMENT

CONSULTING SERVICES, SUBJECT TO ANY REVISIONS DEEMED NECESSARY BY THE

CITY ATTORNEY
REASON FOR CONSIDERATION: The City has been working with Records Control Services, Inc. (RCS), a records management consultant, to update the City’s records retention schedules to comply with all applicable legal retention periods and reflect the City’s existing records more accurately, and to provide records management training and best practice recommendations to staff in each department.

Due to gaps in staffing in the City Clerk’s Office, which has been managing this project over the past year–and–a–half, the project has experienced delays exceeding the project timeline. The original contract with RCS expires on June 30, 2024; however, while the retention schedule and policy are almost complete, the implementation and training portions of the contract have yet to be completed.

The City Council is requested to consider approval of Agreement No. 24–34 amending Agreement No. 22–93 with Records Control Services, Inc. (RCS) for records management consulting services.

BACKGROUND: At its November 19, 2012 meeting, the City Council adopted Resolution No. 12–2973 adopting a Records Retention Schedule as the City of Montclair's Official Records Management Program. The Records Retention Schedule was adopted in order to ensure the City's compliance with various State and Federal statutes, which require records of public agencies to be maintained for specified periods of time. The retention of public records is in accordance with Government Code §7920.000, the California Public Records Act (CPRA) — an act designed to allow the inspection and/or disclosure of public agency and government records to the public upon request.

The CPRA defines a public record as, “any writing containing information relating to the conduct of the public's business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics.” While the CPRA provides an expansive definition of “writing,” it does not specify the retention period for public records.

Instead, Government Code §34090 provides general retention periods for various categories of documents classified as public records. The General Records Retention Law is applicable to most types of public agency records and is actually a records destruction law instead of a retention schedule.

MONTCLAIR CITY COUNCIL MEETING – 05/06/2024 Page 159 of 198 In December of 2018, the City Council adopted Resolution No. 18–3224 in order to update the Records Retention Schedule to comply with changes to various State and Federal statutes. While the updated Schedule included statutory changes and guidelines for retention of records, the City of Montclair Records Management Program does not include a comprehensive Records Management Policy to support the Records Retention Schedule and other records management activities within the City.

On September 19, 2022, the City Council approved a contract with RCS to develop a Records Management Policy, and to revise and improve the Records Retention Schedule to include new or updated Federal and State statutory retention requirements and to accurately represent all types of records maintained in the Departments.

The project timeline was split into three phases, as follows:
 Phase 1 – Discovery, Assessment, Gap Analysis, and Records Classification System (estimated time 16 to 18 weeks)
In the first phase, the consultant will review the City’s current policies and develop a project timeline. There will be a kick–off meeting with key City staff (the project team), and then RCS will separately hold meetings with representatives from each department who are familiar with the department’s records to review and inspect active and inactive files including paper, electronic, and microfilm; perform on–site reviews of currently available storage space and equipment; and determine adherence to current records retention schedules and records management policies.

From these meetings and reviews, RCS will assess the most appropriate methods and procedures for each department and record type. RCS will then prepare a report summarizing the result of the review of the City’s records and provide a presentation of findings and gap analysis to the project team.
 Phase 2 – Records Information and Management Policies/Procedures & Retention Schedule (estimated time 8 to 10 weeks)
During Phase 2, RCS will develop a comprehensive proposal for a Records Management Program customized to the City’s records and staff preferences to maximize use of the City’s available on–site storage space, including an updated Records Retention Schedule, policies and procedures for records and information management based on best practices, and recommendations for physical and digital records storage and a centralized, all–inclusive system for quickly navigating and locating records.
 Phase 3 – Records Management Program Implementation Strategy & Training (estimated time 7 to 9 weeks)
In the final phase, RCS will develop and provide training and procedure guides to staff for Records Management Program maintenance and preservation—including guidance for the City Council’s future adoption of a policy that complies with the state’s Trustworthy Electronic Document requirements to convert paper records to electronic format, disposing of the paper versions permanently, and designating the electronic copy as the new original record, which will be essential for “going paperless” with any forms or documents that originated on paper.

Bruce Meier, the Principal Consultant of RCS, conducted in–depth meetings with each department in May of 2023 to review records inventories and processes. He then held several follow–up meetings with departments separately to draft the retention schedules.

MONTCLAIR CITY COUNCIL MEETING – 05/06/2024 Page 160 of 198 The updated schedules have been reviewed and approved by each of the Departments’ management and by the City Attorney, and the Records Management Policy is currently under staff review. Once the Policy is complete, it will be presented to the City Council, along with a resolution adopting the updated Records Retention Schedule, for adoption.

The original contract is scheduled to expire on June 30, 2024; however, staff is requesting to amend the contract to extend the term through December 31, 2024. This would provide the consultant with adequate additional time to complete Phase 3 of the project, which includes providing staff training.

FISCAL IMPACT: The funds for this contract were budgeted in the FY 2023–24 budget, and remaining funds to cover the contract will be carried over to FY 2024–25 to cover the remaining payments on the contract.

RECOMMENDATION: Staff recommends that the City Council approve Agreement No. 24–34 amending Agreement No. 22–93 with Records Control Services, Inc., for records management consulting services, subject to any revisions deemed necessary by the City Attorney.

MONTCLAIR CITY COUNCIL MEETING – 05/06/2024 Page 161 of 198 Agreement No. 24-34

CITY OF MONTCLAIR

AMENDMENT TO AGREEMENT FOR

RECORDS MANAGEMENT CONSULTING SERVICES
THIS AMENDMENT to Agreement No. 22-93 (AGREEMENT) is made and effective as of May 6, 2024, between the City of Montclair, a municipal corporation ("City") and Records Control Services, Inc., a California corporation ("Consultant"). In consideration of the mutual covenants and conditions set forth in AGREEMENT, the parties agree to amend AGREEMENT by replacing “Section 1. TERM” in its entirety with the following:

1. TERM
This Agreement shall commence on September 19, 2022, and shall remain and continue in effect for a period of 28 months until tasks described herein are completed, but in no event later than December 31, 2024, unless sooner terminated pursuant to the provisions of this Agreement.

The remaining sections of AGREEMENT shall remain in full force and effect.

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

CITY OF MONTCLAIR CONSULTANT
By: By:

Javier John Dutrey Bruce G. Meier, CRM
Mayor President/CEO, Records Control
Services
Attest:

By:

Andrea M. Myrick
City Clerk
Approved as to Form:

By:

Diane E. Robbins
City Attorney
MONTCLAIR CITY COUNCIL MEETING – 05/06/2024 Page 162 of 198

CITY COUNCIL

AGENDA REPORT
DATE: MAY 6, 2024
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 7
FILE I.D.: HSV105
DEPT.: HUMAN SVCS.

PREPARER: A. COLUNGA
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 24–35, AMENDMENT NO. 2 TO AGREEMENT NO. 21–42 WITH THE SAN BERNARDINO COUNTY DEPARTMENT OF

AGING AND ADULT SERVICES TO ACCEPT ADDITIONAL FUNDING TO SUPPORT

SENIOR CENTER ACTIVITIES AND THE SENIOR TRANSPORTATION PROGRAM REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 24–35, Amendment No. 2 to Agreement No. 21–42 with San Bernardino County Department of Aging and Adult Services (DAAS) to accept additional funding to support the Senior Center activities and transportation program.

BACKGROUND: In Spring 2021, the Human Services Department applied for and was awarded a contract through DAAS, Senior Supportive Services Program to provide funding to support the Senior Center activities and transportation program for older adults, ages 60 and over. On July 19, 2021, the City Council approved Agreement No. 21–42 for a three–year grant not–to–exceed amount of $165,000. The City of Montclair is contracted to annually serve 40 participants and provide 3,500 units of service (one unit is equivalent to a one–way trip) plus 48 equivalent hours of Senior Center Activities.

In 2023, DAAS provided the City Amendment No. 1 to Agreement No. 21–42 for an additional $50,000 to support the Senior Center activities and transportation program through the term of the contract.

To date during the 2023–2024 fiscal year, the Human Services Department has served 525 individual seniors through activities (Classes, special senior center events, workshops) and provided 4,600 one–way trips through the Senior Transportation Program on the Montclair Golden Express shuttle bus.

FISCAL IMPACT: Should Agreement No. 24–35 be approved, DAAS will provide the City with an additional $85,000 for a not–to–exceed total of $300,000, which will assist the City in paying for staff salaries and program costs to support Senior Center activities and transportation programs. The term of the contract is extended from July 1, 2021, through June 30, 2025.

RECOMMENDATION: Staff recommends the City Council approve Agreement No. 24–35, Amendment No. 2 to Agreement No. 21–42 with the San Bernardino County Department of Aging and Adult Services to provide additional funding to support Senior Center activities and the Senior Transportation Program.

MONTCLAIR CITY COUNCIL MEETING – 05/06/2024 Page 163 of 198 Standard Contract Page 1 of 3

THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY Department of Aging and Adult
Services
Department Contract Representative Diane Ettari
Telephone Number (909) 386-8313
Contractor City of Montclair
Contractor Representative Marcia Richter
Telephone Number (909) 625-9453
Contract Term July 1, 2021, through June 30, 2025
Original Contract Amount $ 215,000
Amendment Amount $ 85,000
Total Contract Amount $ 300,000
Cost Center 5292001036
IT IS HEREBY AGREED AS FOLLOWS:

AMENDMENT NO. 2
It is hereby agreed to amend Contract No. 21-562 as follows:

SECTION III. CONTRACTOR GENERAL RESPONSIBILITIES
Add Paragraph QQ. to read as follows:

QQ. Campaign Contribution Disclosure (SB 1439) – Contractor has disclosed to the County using Attachment F – Campaign Contribution Disclosure (AB 1439), whether it has made any campaign contributions of more than $250 to any member of the Board of Supervisors within the earlier of: (1) the date of the submission of Contractor’s proposal to the County, or (2) 12 months before the date this Contract was approved by the Board of Supervisors. Contractor acknowledges that under Government Code section 84308, Contractor is prohibited from making campaign contributions of more than $250 to any member of the Board of Supervisors for twelve (12) months after the County’s consideration of the Contract.

Contract Number
21-562 A-2
SAP Number
4400017289
Agreement No. 24-35
Amendment No. 2 to Agreement No. 21-42
MONTCLAIR CITY COUNCIL MEETING – 05/06/2024 Page 164 of 198 Standard Contract Page 2 of 3
In the event of a proposed amendment to this Contract, the Contractor will provide the County a written statement disclosing any campaign contribution(s) of more than $250 to any member of the Board of Supervisors within the preceding twelve (12) months of the date of the proposed amendment.

Campaign contributions include those made by any agent/person/entity on behalf of the Contractor or by a parent, subsidiary, or otherwise related business entity of contractor.

SECTION V. FISCAL PROVISIONS
Amend Section V., Paragraph A. to read as follows:

A. The maximum amount of cost reimbursement under this Contract shall not exceed a cumulative total of $300,000, of which $300,000 may be Federally funded, and shall be subject to availability of funds to the County. The consideration to be paid to each Contractor, as provided herein, shall be in full payment for all Contractor’s services and expenses incurred in the performance hereof, including travel and per diem.

Overtime and holiday make-up time will not be permitted. Payments are subject to provisions in the Payments, Budgets, Closeout, and Audits.

SECTION VIII. TERM
Amend Section VIII. to read as follows:

This Contract is effective as of July 1, 2021 and expires June 30, 2025, but may be terminated earlier in accordance with provisions of Section IX of the Contract. The Contract term may be extended for one (1) additional one (1) year period by mutual agreement of the parties.

ATTACHMENTS
Amend Attachment Section as follows:

ATTACHMENT F – CAMPAIGN CONTRIBUTION DISCLOSURE (SB 1439) Add ATTACHMENT F, attached, 3 pages.

All other terms and conditions of Contract No. 21-562 remain in full force and effect.

MONTCLAIR CITY COUNCIL MEETING – 05/06/2024 Page 165 of 198 Standard Contract Page 3 of 3
This Contract may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same Contract. The parties shall be entitled to sign and transmit an electronic signature of this Contract (whether by facsimile, PDF, or other email transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Contract upon request.

FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department Jacqueline Carey-Wilson, Deputy County Counsel Patty Steven, Contracts Manager Sharon Nevins, Director Date Date Date
SAN BERNARDINO COUNTY City of Montclair
(Print or type name of corporation, company, contractor, etc.) By
Dawn Rowe, Chair, Board of Supervisors (Authorized signature - sign in blue ink) Dated: Name Javier John Dutrey
SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract)

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

Deputy
Address 5111 Benito Street
Montclair, CA 91763
MONTCLAIR CITY COUNCIL MEETING – 05/06/2024 Page 166 of 198

ATTACHMENT F

ATTACHMENT F
Campaign Contribution Disclosure
(SB 1439)

DEFINITIONS
Actively supporting the matter: (a) Communicate directly with a member of the Board of Supervisors or other County elected officer [Sheriff, Assessor-Recorder-Clerk, District Attorney, Auditor-Controller/Treasurer/Tax Collector] for the purpose of influencing the County’s decision on the matter; or (b) testifies or makes an oral statement before the County in a proceeding on the matter; or (c) communicates with County employees, for the purpose of influencing the County’s decision on the matter; or (d) when the person/company’s agent lobbies in person, testifies in person or otherwise communicates with the Board or County employees for purposes of influencing the County’s decision in a matter.

Agent: A third-party individual or firm who, for compensation, is representing a party or a participant in the matter submitted to the Board of Supervisors. If an agent is an employee or member of a third-party law, architectural, engineering or consulting firm, or a similar entity, both the entity and the individual are considered agents.

Otherwise related entity: An otherwise related entity is any for-profit organization/company which does not have a parent-subsidiary relationship but meets one of the following criteria:
(1) One business entity has a controlling ownership interest in the other business entity; (2) there is shared management and control between the entities; or (3) a controlling owner (50% or greater interest as a shareholder or as a general partner) in one entity also is a controlling owner in the other entity.

For purposes of (2), “shared management and control” can be found when the same person or substantially the same persons own and manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees, or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a regular and close working relationship between the entities.

Parent-Subsidiary Relationship: A parent-subsidiary relationship exists when one corporation has more than 50 percent of the voting power of another corporation.

Contractors must respond to the questions on the following page. If a question does not apply respond N/A or Not Applicable.

MONTCLAIR CITY COUNCIL MEETING – 05/06/2024 Page 167 of 198

ATTACHMENT F

1. Name of Contractor: City of Montclair

2. Is the entity listed in Question No.1 a nonprofit organization under Internal Revenue Code section 501(c)(3)? Yes ☐ If yes, skip Question Nos. 3-4 and go to Question No. 5 No X

3. Name of Principal (i.e., CEO/President) of entity listed in Question No. 1, if the individual actively supports the matter and has a financial interest in the decision: N/A

4. If the entity identified in Question No.1 is a corporation held by 35 of less shareholders, and not publicly traded (“closed corporation”), identify the major shareholder(s):N/A

5. Name of any parent, subsidiary, or otherwise related entity for the entity listed in Question No. 1 (see definitions above):

Company Name Relationship
N/A

6. Name of agent of Contractor:

Company Name Agent(s) Date Agent Retained
(if less than 12 months)
N/A

7. Name of Subcontractor(s) (including Principal and Agent(s)) that will be providing services/work under the awarded contract if the subcontractor (1) actively supports the matter and (2) has a financial interest in the decision and (3) will be possibly identified in the contract with the County or board governed special district.

Company Name Subcontractor(s): Principal and//or Agent(s):

N/A

8. Name of any known individuals/companies who are not listed in Questions 1-7, but who may (1) actively support or oppose the matter submitted to the Board and (2) have a financial interest in the outcome of the decision:

MONTCLAIR CITY COUNCIL MEETING – 05/06/2024 Page 168 of 198

ATTACHMENT F
Company Name Individual(s) Name
N/A

9. Was a campaign contribution, of more than $250, made to any member of the San Bernardino County Board of Supervisors on or after January 1, 2023, by any of the individuals or entities listed in Question Nos. 1-8? No X If no, please skip Question No. 10.

Yes ☐ If yes, please continue to complete this form.

10. Name of Board of Supervisor Member:

Name of Contributor:

Date(s) of Contribution(s):

Amount(s):

Please add an additional sheet(s) to identify additional Board Members to whom anyone listed made campaign contributions.

By signing the Contract, Contractor certifies that the statements made herein are true and correct. Contractor understands that the individuals and entities listed in Question Nos. 1-8 are prohibited from making campaign contributions of more than $250 to any member of the Board of Supervisors while award of this Contract is being considered and for 12 months after a final decision by the County.

MONTCLAIR CITY COUNCIL MEETING – 05/06/2024 Page 169 of 198

CITY COUNCIL

AGENDA REPORT
DATE: MAY 6, 2024
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 8
FILE I.D.: SEW600
DEPT.: PUBLIC WORKS
PREPARER: M. HEREDIA
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 24–36 WITH CASC ENGINEERING AND

CONSULTING FOR SANITARY SEWER ORDER CONSULTING SERVICES, SUBJECT TO

ANY REVISIONS DEEMED NECESSARY BY THE CITY ATTORNEY
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 24–36 with CASC Engineering and Consulting (CASC) to assist the City with complying with the General Sanitary Sewer Order. A copy of proposed Agreement No. 24–36 with CASC is attached for City Council review and consideration.

BACKGROUND: The City is subject to General Sanitary Sewer Order 2022–0103–DWQ, effective June 5, 2023. To comply with regulatory mandates, the sewer permit requires critical updates to the City's Sewer System Management Plan (SSMP) and Annual Reporting processes. Requirements include updating and obtaining City Council approval of the SSMP within twelve months of the enrollment Water Board approval date.

Once the SSMP is approved, staff will upload the SSMP to the State's online CIWQS Sanitary Sewer System Database.

As outlined in the attached scope of services, CASC will provide Sanitary Sewer Order (SSO) Annual Reporting services and training to ensure personnel compliance with the SSO. CASC’s efforts will support the City in meeting regulatory obligations effectively and efficiently. They offer a comprehensive approach to complying with the General Sanitary Sewer Order through updated SSMPs, accurate Annual Reporting, and targeted training services.

Currently, CASC provides a variety of stormwater compliance services, including Qualified Storm Water Pollution Prevention Plan Practitioner (QSP) services for Capital Improvement Projects under the State Construction General Permit (CGP) and Qualified Industrial Stormwater Pollution Prevention Plan Developer (QISD) services per the Industrial General Permit. CASC has also been reviewing Water Quality Management Plans (WQMP) for the City since July 2006 and has performed these reviews exceptionally well.

CASC is very responsive to the City regarding WQMP issues and reviews and has continually maintained its knowledge of state water quality requirements.

FISCAL IMPACT: The cost for consulting services related to the General Sanitary Sewer Order is $30,635 and will be covered as part of the Fiscal Year 2023–24 Sewer Maintenance budget. Future consulting service fees will be paid by Sewer Maintenance Funds.

RECOMMENDATION: Staff recommends the City Council approve Agreement No. 24– 36 with CASC Engineering and Consulting for Sanitary Sewer Order Consulting Services, subject to any revisions deemed necessary by the City Attorney.

MONTCLAIR CITY COUNCIL MEETING – 05/06/2024 Page 170 of 198 Agreement No. 24-36
1 CITY OF MONTCLAIR

AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT is made and effective as of May 6, 2024, between the City of Montclair, a municipal corporation ("City") and CASC Engineering, Inc., a California corporation/a partnership/a sole proprietor ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on May 6, 2024 and shall remain and continue in effect for a period of 36 months until tasks described herein are completed, but in no event later than May 6, 2027, unless sooner terminated pursuant to the provisions of this Agreement.

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

3. PERFORMANCE
Consultant shall at all times faithfully, and competently perform all tasks described herein.

Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. Consultant shall have the duty to prepare any design documents free from defects.

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

5. PAYMENT
(a) The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed $30,635 for the total term of the Agreement unless additional payment is approved as provided in this Agreement.
(b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City’s written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work not to exceed twenty percent (20%) of the amount of the Agreement, but in no event shall total compensation exceed Ten Thousand Dollars ($10,000). Any additional work in excess of this amount shall be approved by the City Council. (c) Consultant will submit invoices monthly for actual services performed. Said invoices shall detail all costs, rates and hours for individual tasks. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month.

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2 Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of the Consultant’s fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. (d) Consultant agrees that, in no event shall City be required to pay to Consultant any sum in excess of ninety-five percent (95%) of the maximum payable hereunder prior to receipt by City of all final documents, together with all supplemental technical documents, as described herein acceptable in form and content to City. Final payments shall be made no later than sixty (60) days after presentation of final documents and acceptance thereof by City.

6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice.

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

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

8. OWNERSHIP OF DOCUMENTS
(a) Consultant shall maintain complete and accurate records with respect to billed time, sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.

MONTCLAIR CITY COUNCIL MEETING – 05/06/2024 Page 172 of 198 Agreement No. 24-36
3 (b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, claims, applications, computer files, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant.

Any reuse or modification of the work product without the prior written consent of Consultant will be at the sole risk of the City. With respect to computer files, Consultant shall make available to the City, at the Consultant’s office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.

9. INDEMNIFICATION
(a) Defense, Indemnity and Hold Harmless. Consultant shall defend, indemnify, and hold harmless the City, its present and former officers, directors, employees, agents, staff, volunteers, mayor, council, boards, committees, and representatives, as broadly interpreted (collectively, the “Indemnified Parties”), of and from all claims, suits, demands, obligations, losses, damages, sums, or any other matters threatened or presently asserted, including but not limited to all legal fees, costs of defense and litigation expenses (including legal fees, expert fees and any other costs or fees, including those of adverse parties imposed on or sought against the Indemnified Parties), arising directly or indirectly out of any liability or claim of loss or liability for personal injury, bodily injury to persons, contractual liability, errors or omissions, breach, failure to perform, damage to or loss of property, or any other loss, damage, injury or other claim of any kind or nature arising out of the work to be performed by Consultant herein, caused by or arising out of the negligent acts or omissions, or intentional misconduct of Consultant, including its subcontractors, subconsultants, employees, agents, and other persons or entities performing work for Consultant. (b) Contractual Indemnity. To the fullest extent permitted under California law, Consultant shall contractually indemnify, defend and hold harmless the Indemnified Parties from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, amounts for good faith settlement, or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees and costs), arising out of or related to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to Consultant’s officers, agents, representative, employees, independent contractors, subcontractors, subconsultants, or affiliated or related entities and/or its or their employees, agents and representatives, caused by or arising out of all negligent acts or omissions, or intentional misconduct of Consultant, including its subcontractors, subconsultants, employees, agents and other persons or entities performing work for Consultant. Indemnification shall include any claim that Consultant, or Consultant’s employees or agents, are or may be considered and treated as employees of the City or are entitled to any employee benefits from City including but not limited to those available under Public Employees Retirement Law. The obligation to indemnify, defend and hold harmless the Indemnified Parties shall apply to all liability as defined above regardless of whether the Indemnified Parties were or are alleged to have been negligent, except that it shall not apply to claims arising from the sole negligence or willful intentional misconduct of the Indemnified Parties. Consultant’s obligation to defend the Indemnified Parties is not contingent upon there being an acknowledgement of or determination of the merit of any claims, liability, demands, causes of action, suits, losses, expenses, errors, omissions and/or costs. (c) Subcontractors/Subconsultants and Indemnification. Consultant agrees to and shall obtain executed indemnity agreements in favor of the Indemnified Parties with provisions identical to those set forth from each and every Subcontractor, Subconsultant, or other person or entity involved by, for, with, or on behalf of Consultant in the performance of any aspect of this Agreement. In the event Consultant fails to obtain such indemnity obligations, Consultant shall be fully responsible for each and every Subcontractor, Subconsultant or other person or entity in terms of defense, indemnity and hold harmless obligations in favor of the Indemnified Parties as set forth above. This obligation to indemnify and defend the Indemnified Parties is binding on the successors, assigns, or heirs of Consultant and shall survive the full performance or termination of this Agreement. These indemnification provisions are independent of and shall not in any way be limited or superseded by the insurance requirements and insurance-related provisions of this Agreement.

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4 (d) City Lost or Damaged Property – Theft. Consultant further agrees to pay or cause to be paid to the Indemnified Parties’ benefit, any and all damages, fines, penalties, and loss or theft of property of the City arising out of or related in any way to the negligent acts or omissions or intentional misconduct of Consultant or of Consultant’s officers, agents, representatives, employees, independent contractors, subcontractors/subconsultants or affiliated or related entities and/or its or their employees, agents and representatives, whether such 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. Consultant 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 Consultant under the terms of this Agreement or otherwise. The indemnification provisions shall apply regardless of whether this Agreement is executed after Consultant begins the work and shall extend to claims arising after this Agreement is performed or terminated, including a dispute as to the termination of Consultant. The indemnity obligations of Consultant shall continue until it is determined by final judgment that the claim against the City and any Indemnified Parties is determined by final judgment and after exhaustion of any rights of appeal. Further, no aspect of this provision shall impact the City’s rights to contribution from Consultant, or for the City to dispute Consultant’s refusal to defend and indemnify City. (f) Limitations on Scope of Indemnity. Notwithstanding the foregoing, Consultant shall not be responsible for indemnification for claims or losses caused by the sole negligence or intentional wrongdoing of Indemnified Parties. Further, the indemnity provided shall be interpreted as broadly as permitted under California law and as to agreements between parties and shall if required be reformed to be consistent with those laws to protect and save this provision for the protection of the Indemnified Parties. (g) The obligations of Consultant under this or any other provision of this Agreement shall not be limited by the provisions of any workers’ compensation act or similar act. The Consultant expressly waives any statutory immunity under such statutes or laws as to the Indemnified Parties. The Consultant’s indemnity obligation set forth in this Section 9 shall not be limited by the limits of any policies of insurance required or provided by the Consultant pursuant to this Agreement. (h) The Consultant’s covenant under this Section 9 shall survive the expiration or termination of this Agreement.

10. INSURANCE
The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. (a) Types of Required Coverages
Without limiting the indemnity provisions of the Contract, the Consultant shall procure and maintain in full force and effect during the term of the Contract, the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(1) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 00 01, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $2,000,000 per occurrence, and $4,000,000 aggregate total bodily injury, personal injury, and property damage. (2) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol MONTCLAIR CITY COUNCIL MEETING – 05/06/2024 Page 174 of 198 Agreement No. 24-36
5 1), including owned, non-owned and hired autos, or the exact equivalent, with minimum limits of $2,000,000 for bodily injury and property damage, each accident.

If Consultant 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 $3,000,000 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 Consultant including materials, parts or equipment furnished in connection with such work or operations. Coverage for the additional insureds shall apply to the fullest extent permitted by law.

Additional Insured Endorsements shall not:

1. Be limited to “Ongoing Operations”

2. Exclude “Contractual Liability

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

4. Exclude “Third-Party-Over Actions”

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

Primary Insurance: This insurance shall be primary and any other insurance, whether primary, excess, umbrella or contingent insurance, including deductible, or self-insurance available to the insureds added by endorsement, shall be in excess of, and shall not contribute with, this insurance. Coverage shall be at least as broad as ISO CG 20 01 04

13. MONTCLAIR CITY COUNCIL MEETING – 05/06/2024 Page 175 of 198 Agreement No. 24-36
6 (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 Consultant.

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 Consultant from waiving the right of subrogation prior to a loss. Consultant shall waive all rights of subrogation against the indemnified parties and policies shall contain or be endorsed to contain such a provision. This provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. (e) Evidence of Insurance
All policies, endorsements, certificates, and/or binders shall be subject to approval by the City as to form and content. These requirements are subject to amendment or waiver only if so approved in writing by the City. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
(f) Deductible or Self-Insured Retention
Any deductible or self-insured retention must be approved in writing by the City and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the Consultant or the City.

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7 (g) Contractual Liability/Insurance Obligations
The coverage provided shall apply to the obligations assumed by the Consultant under the indemnity provisions of this Agreement. The insurance obligations under this Agreement shall be: (1) all the insurance coverage and/or limits carried by or available to the Consultant; or (2) the minimum insurance coverage requirements and/or limits shown in this Agreement; whichever is greater. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits, which are applicable to a given loss, shall be available to the City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of the Consultant under this Agreement.
(h) Failure to Maintain Coverage
Consultant agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City. The City shall have the right to withhold any payment due Consultant until Consultant has fully complied with the insurance provisions of this Contract. In addition, the City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may take out the necessary insurance and pay, at Consultant’s expense, the premium thereon.

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

11. INDEPENDENT CONSULTANT
(a) Consultant is and shall at all times remain as to the City a wholly independent consultant.

The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control and shall not be construed to be employees of City for any purpose, including eligibility under Public Employees Retirement Law. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in MONTCLAIR CITY COUNCIL MEETING – 05/06/2024 Page 177 of 198 Agreement No. 24-36
8 any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Consultant shall be solely responsible and hold the City harmless for all matters relating to the payment of Consultant’s employees, including compliance with Social Security withholdings and all other regulations governing such matters. (b) No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.

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

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

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

15. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, responses to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena.
(b) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, requests for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests MONTCLAIR CITY COUNCIL MEETING – 05/06/2024 Page 178 of 198 Agreement No. 24-36
9 provided by Consultant. However, City’s right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. (c) Consultant shall comply with all applicable federal, state and local Conflict of Interest laws, including the Political Reform Act (California Government Code, Section 81000, et. seq.) and California Government Code, Section 1090, et. seq. Consultant covenants that neither he/she nor any officer or principal of their firm have any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder. Consultant further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent or subconsultant. Consultant further covenants that Consultant has not contracted with nor is performing any services, directly or indirectly, with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area and further covenants and agrees that Consultant and/or its subconsultants shall provide no service or enter into any agreement or agreements with a/any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area prior to the completion of the work under this Agreement. Further, Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to the City as a result of the performance of this Agreement, or the services that may be procured by the City as a result of the recommendations made by the Consultant. The Consultant’s covenant under this Section shall survive the termination of this Agreement.

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

To City: City Engineer
City of Montclair
5111 Benito
Montclair, CA 91763
To Consultant: CASC Engineering and Consulting
1470 E. Cooley Drive
Colton, CA. 92324

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

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

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

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

21. CONTENTS OF PROPOSAL
Consultant is bound by the contents of the proposal submitted by the Consultant, Exhibit "A" hereto.

In the event of conflict, the requirements of this Agreement shall take precedence over those contained in the Consultant’s proposal.

22. CONFIDENTIALITY
Information and materials obtained by the Consultant from City during the performance of this Agreement shall be treated as strictly confidential and shall not be used by the Consultant for any purpose other than the performance of this Agreement. Consultant’s covenant under this Section shall survive the expiration or termination of this Agreement.

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

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

25. CLAIMS AGAINST CITY
Consultant must comply with the claim procedures set forth in Government Code sections 900, et. seq., and/or Montclair Municipal Code, Chapter 1.16, as applicable, prior to filing any lawsuit against the City.

Such claims and any subsequent lawsuit based upon the claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.

MONTCLAIR CITY COUNCIL MEETING – 05/06/2024 Page 180 of 198 Agreement No. 24-36
11 26. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.

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

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

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

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

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

CITY OF MONTCLAIR CONSULTANT
By: By:

Javier “John” Dutrey, Mayor Name:

Title:

Attest:

By: By:

Andrea M. Myrick, City Clerk Name:

Title:

Approved as to Form:

By:

Diane E. Robbins, City Attorney
MONTCLAIR CITY COUNCIL MEETING – 05/06/2024 Page 181 of 198

1470 E. Cooley Drive
Colton, CA 92324
Office: 909.783.0101
Fax: 909.783.0108
Sanitary Sewer Order Consulting Services
City of Montclair

SCOPE OF SERVICES
Task 1 – Sewer System Management Plan (SSMP) Update
Montclair, subject to the General Sanitary Sewer Order 2022-0103-DWQ effective from June 5th, 2023, requires critical updates to its Sewer System Management Plan (SSMP) and Annual Reporting processes to comply with regulatory mandates. Requirements include updating and City Council approval of the Sewer System Management Plan (SSMP) within twelve months of the application enrollment Water Board approval date. Once approved, Montclair must upload the SSMP to the State's online CIWQS Sanitary Sewer System Database.

Per an initial review, it appears that Montclair’s SSMP, developed in 2007, is not aligned with the current Order WQ 2022-0103-DWQ, necessitating significant updates to meet regulatory requirements in accordance with the new Sanitary Sewer Order. Below, is an outline of each required element and how they can be incorporated into the SSMP:
 Plan Development: Provide details on the development process of the SSMP, including stakeholder involvement, timelines, and any revisions made to comply with the new order.
 Plan Goal and Introduction: Clearly state the goals and objectives of the SSMP in alignment with the requirements of the new Sanitary Sewer Order.  Certification: Outline the certification process for personnel involved in sewer system management and ensure compliance with any new certification standards mandated by the order.
 Organization: Describe the organizational structure responsible for managing the sewer system, including roles and responsibilities of key personnel and departments.  Audits: Detail the auditing procedures to ensure ongoing compliance with the requirements outlined in the new order.
 Legal Authority: Clearly define the legal authority under which Montclair operates and manages its sanitary sewer system.
 Six Year Updates: Specify how the SSMP will be updated and reviewed at least every six years as mandated by the order.
 Operations and Maintenance: Provide updated procedures and schedules for the operation and maintenance of the sewer system to meet the new regulatory standards.  System Resilience: Address measures to enhance the resilience of the sewer system against potential hazards and disruptions.
 Design and Performance Revisions: Document any revisions made to the design and performance standards of the sewer system to comply with the new order.

EXHIBIT "A"
MONTCLAIR CITY COUNCIL MEETING – 05/06/2024 Page 182 of 198

1470 E. Cooley Drive
Colton, CA 92324
Office: 909.783.0101
Fax: 909.783.0108
 Allocation of Resources: Describe how resources, including funding and personnel, will be allocated to support the implementation of the SSMP.  Spill Emergency Response Plan: Update the spill emergency response plan to meet any new requirements specified in the order, including reporting procedures and remedial actions.
 System Capacity: Provide a detailed assessment of the capacity of Montclair's sanitary sewer system, including current capacity, projected demand, and any limitations or deficiencies. System capacity will be provided by the City per their latest study of their sanitary sewer collections system.
 Sewer Pipe Blockage Control Plan: Develop a plan to control sewer pipe blockages, including preventive maintenance measures and emergency response protocols.  Performance Analysis: Implement procedures for analyzing the performance of the sewer system and identifying areas for improvement.
 System Evaluation, Capacity Assurance CIP: Conduct regular evaluations of the sewer system's capacity and develop a Capital Improvement Program (CIP) to ensure capacity assurance.
 Spill Emergency and Remedial Action: Detail procedures for responding to spills and implementing remedial actions to mitigate environmental impacts.  Monitoring, Measurement, & Program Modifications: Establish monitoring and measurement protocols to assess the effectiveness of the SSMP and make necessary modifications as required.
 Notification Requirements: Outline notification requirements for reporting incidents, spills, and other relevant information to regulatory authorities and stakeholders.  Communications Program: Develop a communications program to inform and engage stakeholders about the SSMP and its objectives.
 Electronic Boundary Maps: Include electronic boundary maps of the sewer system to aid in planning and management efforts. Casc will work with the City GIS Department to obtain this information.
 Plan Change Log: Maintain a log of changes made to the SSMP, including revisions, updates, and approvals.
 Unintended Failure to Report: Address procedures for addressing unintended failures to report incidents or comply with regulatory requirements.

The City must provide access to documents, Public Works Sewer Division staff, and any other relevant information to accurately complete the SSMP. Any delays in these items by the City may postpone the completion of the updated SSMP.

MONTCLAIR CITY COUNCIL MEETING – 05/06/2024 Page 183 of 198

1470 E. Cooley Drive
Colton, CA 92324
Office: 909.783.0101
Fax: 909.783.0108
After completion of the SSMP the Legally Responsible Official (LRO) shall review the draft SSMP for accuracy and provide one set of comments. After Casc has addressed comments and uploaded the document on the States CIWQS website, the LRO must certify the report on the CIWQS website.

A digital copy of the Sanitary Sewer Management Plan will be provided upon completion of the document.

Task 2 – Sanitary Sewer Order Annual Report Services
Casc will assist in preparing and submitting Annual Reports, meeting the compliance requirements of Order 2022-0103-DWQ:
 Collect and enter annual compliance data into CIWQS.
 Update population served and service area boundary maps.  Detail system operation and maintenance staff certifications.  Provide information on treatment plants, tributaries, sewer crossings, and system evaluations.
 Report spill causes, infrastructure failures, ongoing investigations, and corrective actions.

After completion of the Annual Report the Legally Responsible Official (LRO) shall review the draft Annual Report for accuracy and provide one set of comments. After Casc has addressed comments in CIWQS, the LRO must certify the report on the States CIWQS website.

Task 3 – Training
Casc will conduct one tailored training session to ensure personnel compliance with the Sanitary Sewer Order (SSO):
 Curriculum Development:
o Develop a comprehensive curriculum tailored to address the requirements of the SSO.
o Include modules covering regulatory requirements, spill prevention and response, safety protocols, and environmental protection measures.  Training Materials Preparation:
o Prepare training materials such as Power Point presentation and if necessary, handouts. Spill Volume Calculation work sheets for up to 20 individuals. o Ensure all materials are accurate, up-to-date, and aligned with the SSO regulations.
 Training Delivery:
o Conduct onsite training session using various instructional methods to enhance learning effectiveness.

MONTCLAIR CITY COUNCIL MEETING – 05/06/2024 Page 184 of 198

1470 E. Cooley Drive
Colton, CA 92324
Office: 909.783.0101
Fax: 909.783.0108
Compensation for Services
A budget has been developed for the tasks in the proposal. The total cost of services shall not exceed $30,635. Casc estimates are based on the Hourly Rates Table provided below. The project should take approximately 205 hours to complete.

TASK # Task Description Estimated Task
Total
1 Sanitary System Management Plan revision and update $16,470.00 2 Sanitary Sewer Order Annual Report Services $1,500.00 3 Training + Printing and Travel $12,665.00
Not to Exceed Total $30,635.00
Hourly Rates Table
Position Rate
Project Manager/ Sr Program Manager $163.00
Senior Environmental Analyst $150.00
Environmental Analyst $145.00
Casc's proposal offers a comprehensive approach to promote Montclair's compliance with the General Sanitary Sewer Order through updated SSMPs, accurate Annual Reporting, and targeted training services. Casc’s collaborative efforts will support Montclair in meeting regulatory obligations effectively and efficiently.

Should you require further details or have any questions, please do not hesitate to contact us.

We look forward to partnering with Montclair to achieve and maintain regulatory compliance.

MONTCLAIR CITY COUNCIL MEETING – 05/06/2024 Page 185 of 198

CITY COUNCIL

AGENDA REPORT
DATE: MAY 6, 2024
SECTION: CONSENT - RESOLUTIONS
ITEM NO.: 1
FILE I.D.: GRT200
DEPT.: PUBLIC WORKS
PREPARER: M. HEREDIA/A. COLUNGA
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 24–3436 AUTHORIZING THE

SUBMISSION OF AN APPLICATION FOR GRANT FUNDS FOR THE URBAN AND

COMMUNITY FORESTRY GRANT PROGRAM OF THE CALIFORNIA DEPARTMENT OF

FORESTRY AND FIRE PROTECTION AND AUTHORIZING THE EXECUTION OF APPLICATION–RELATED DOCUMENTS BY THE CITY MANAGER OR HIS DESIGNEE REASON FOR CONSIDERATION: The City Council is requested to consider adoption of Resolution No. 24–3436 authorizing the submission of an application for grant funds for the Urban and Community Forestry Grant Program of the California Department of Forestry and Fire Protection (CALFIRE) and authorizing the execution of application– related documents by the City Manager or his designee.

BACKGROUND: According to CALFIRE, urban forests provide greenhouse gas reductions while providing increased climate resilience; reducing the impacts of extreme heat; increasing energy conservation; reducing storm–water runoff; extending the life of surface streets; improving local air, soil, and water quality; providing high–quality jobs and improving public health. The mission of the CALFIRE Urban & Community Forestry Program is to advance the development of sustainable and accessible urban and community forests in California.

The United States Department of Agriculture Forest Service Urban and Community Forestry program awarded $1.5 billion to states, projects and national initiatives through the Inflation Reduction Act of 2022. The funding provides for urban and community forestry investments across the nation that foster:
 Increased and equitable access to urban tree canopy and associated human health, environmental, and economic benefits in disadvantaged communities,  Broadened community engagement in local urban forest planning, tree planting, and management activities, and
 Improved community and urban forest resilience to climate change, extreme heat, forest pests and diseases, and storm events through best management and maintenance practices.

CALFIRE received a state allocation of Inflation Reduction Act funds, of which $30.8 million is available for grant projects working at a community, regional, or statewide scale.

The City plans to submit an application for this funding opportunity, which will include this required resolution.

FISCAL IMPACT: Adoption of proposed Resolution No. 24–3436 would have no direct fiscal impact on the City's General Fund at this time, but may result in the award to increase the City’s urban forest. The requested funding amount is still being determined.

MONTCLAIR CITY COUNCIL MEETING – 05/06/2024 Page 186 of 198 RECOMMENDATION: Staff recommends the City Council adopt Resolution No. 24–3436 authorizing the submission of an application for grant funds for the Urban and Community Forestry Grant Program of the California Department of Forestry and Fire Protection and authorizing the execution of application–related documents by the City Manager or his designee.

MONTCLAIR CITY COUNCIL MEETING – 05/06/2024 Page 187 of 198 Resolution No. 24–3436 Page 1 of 1
RESOLUTION NO. 24–3436

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTCLAIR

AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR GRANT

FUNDS FOR THE URBAN COMMUNITY FORESTRY GRANT PROGRAM

OF THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE
PROTECTION AND AUTHORIZING THE EXECUTION OF APPLICATION–

RELATED DOCUMENTS BY THE CITY MANAGER OR HIS DESIGNEE
WHEREAS, the City of Montclair proposes to implement the Montclair Urban Forestry Project;
WHEREAS, the Governor of the State of California in cooperation with the State Legislature has appropriated General Funds for the state’s urban forestry programs; and WHEREAS, the State Department of Forestry and Fire Protection has been delegated the responsibility for the administration of the program within the State, setting up necessary procedures governing application by local agencies and non-profit organizations under the program, and;
WHEREAS, said procedures established by the Department of Forestry and Fire Protection require the applicant to certify by resolution the approval of application before submission of said application to the State; and
WHEREAS, the applicant will enter an agreement with the State of California to carry out an urban forestry project;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Montclair as follows:

1. Approved the filing of an application for the Urban and Community Forestry grant program funds; and

2. Certifies that said applicant has or will have sufficient funds to operate and maintain the project; and,

3. Certifies that funds under the jurisdiction of Montclair are available to begin the project.

4. Certifies that said applicant will expend grant funds prior to March 31, 2028.

5. Appoints City Manager or his designee, as agent of the City of Montclair to conduct negotiations, execute and submit all documents including, but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the afore mentioned project.

APPROVED AND ADOPTED this XX day of XX, 2024.

Mayor
ATTEST:

City Clerk
I, Andrea M. Myrick, City Clerk of the City of Montclair, DO HEREBY CERTIFY that Resolution No. 24–3436 was duly adopted by the City Council of the City of Montclair and was approved by the Mayor of said city at a regular meeting of said City Council held on this XX day of XX, 2024, 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 – 05/06/2024 Page 188 of 198 Personnel Committee Minutes – April 15, 2024 Page 1 of 1

MINUTES OF THE MEETING OF THE MONTCLAIR

PERSONNEL COMMITTEE HELD ON MONDAY,
APRIL 15, 2024, AT 5:32 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 5:32 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 April 1, 2024.

Moved by Council Member Ruh, seconded by Mayor Pro Tem
Johnson, and carried unanimously to approve the minutes of the Personnel Committee meeting on April 1, 2024.

IV. PUBLIC COMMENT – None
V. CLOSED SESSION
At 5:33 p.m., the Personnel Committee went into Closed Session regarding personnel matters related to appointments, resignations/ terminations, and evaluations of employee performance.

At 5:52 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 5:52 p.m., Mayor Pro Tem Johnson adjourned the Personnel Committee.

Submitted for Personnel Committee approval,
Edward C. Starr
City Manager
MONTCLAIR CITY COUNCIL MEETING – 05/06/2024 Page 189 of 198

PENDING

APPROVAL
Special City Council Meeting Minutes – April 15, 2024 Page 1 of 1

MINUTES OF THE SPECIAL MEETING OF THE MONTCLAIR CITY
COUNCIL HELD ON MONDAY, APRIL 15, 2024, AT 6:00 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 6:00 p.m.

II. ROLL CALL

Present: Mayor Dutrey; Mayor Pro Tem Johnson; Council Members Ruh, Martinez, and Lopez
City Manager 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; Police Chief Reed; Fire Chief Pohl; City Attorney Robbins; City Clerk Myrick
III. COMMUNITY ACTIVITIES COMMISSION PRESENTATION OF 2024

VOLUNTEER RECOGNITION AWARDS
Community Activities Commission Chair Richard Escalante recognized the following volunteers for their volunteerism with the City:
 Loyce Mejias for her dedication to homebound seniors who are part of Aging Next, as well as the Montclair community.
 Elizabeth Ortega–Gingrich for her dedication to the families of the Foothill Family Shelter and the Montclair community.
 David Flores for his dedication to the children and families of the Montclair Little League, and the Montclair community.
 Paul Malacara for his commitment to the Montclair Meals on Wheels Program and Montclair Senior Citizen residents.
 Dr. Brian Loveless for his commitment to making a difference to those in need and to the Montclair community.
 Emma Casillas for her dedication to the community’s health and wellness through Healthy Montclair (Por La Vida Program), and the Montclair community.
 Gwen Alber for her commitment to the Montclair Senior Center and senior community.
 Eric and Khoi Phan for their commitment to Our Lady of Lourdes Church and the Montclair community.

All volunteers were presented with plaques from the City and Certificates of Recognition from the offices of San Bernardino County Fourth District Supervisor Curt Hagman, California Assemblymember Freddie Rodriguez, Senator Susan Rubio, and U.S. Representative Norma Torres.

IV. ADJOURNMENT
At 6:27 p.m., the City Council was adjourned.

Submitted for City Council approval,
Andrea Myrick,
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 05/06/2024 Page 190 of 198

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – April 15, 2024 Page 1 of 8

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, APRIL 15, 2024 AT 7:00 P.M. IN THE CITY COUNCIL CHAMBERS, 5111 BENITO STREET, MONTCLAIR,

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

II. INVOCATION
Pastor Joe McTarsney of Calvary Montclair and Montclair Police Department Chaplain, gave the invocation.

III. PLEDGE OF ALLEGIANCE
Fourth District San Bernardino County Supervisor Curt Hagman led meeting participants in the Pledge.

IV. ROLL CALL

Present: Mayor/Chair Dutrey; Mayor Pro Tem/Vice Chair Johnson; Council Members/Directors Ruh, Martinez, and Lopez
City Manager/Executive Director Starr; Assistant City Manager/ Director of Human Services Richter; Director of Finance Kulbeck; Director of Community Development Diaz; Director of Public Works/City Engineer Heredia; Police Chief Reed; Fire Chief Pohl; City Attorney Robbins; City Clerk Myrick
V. PRESENTATIONS
A. Fourth District Update by San Bernardino County Supervisor Curt Hagman
Supervisor Hagman provided countywide and fourth district updates including updates on countywide ambulance service, homelessness committee, federal funding, a new stadium, and park construction projects.

B. Proclamation Declaring April 26, 2024 as “Arbor Day” in the City of Montclair
Mayor Dutrey presented a proclamation declaring April 26, 2024 as “Arbor Day” in the City of Montclair to Public Works Director Heredia.

Public Works Director Heredia announced upcoming tree planting events at Sunset Park and invited residents to volunteer.

VI. PUBLIC COMMENT
Mayor Dutrey apologized to Council Member Martinez for comments he made to her after the April 1, 2024 meeting, noting he values her input as a representative of the younger residents in the community.  Bill Kaufman urged the City Council to move forward with legalizing commercial cannabis businesses, noting he still has a secured location on Central Avenue to open a business. He added Pomona is benefitting from tax revenue by allowing it in their city.
 Frank Sanchez, STIIIZY, encouraged the City Council to allow the cannabis industry to operate in Montclair, and stated he looks forward to submitting an application on behalf of his company.
 Mike Cargile introduced himself as a candidate running to represent the 35th Congressional District, which includes Montclair, and stated that if elected, he would be happy to speak to residents about any federal issues they would like him to bring to Capitol Hill.

MONTCLAIR CITY COUNCIL MEETING – 05/06/2024 Page 191 of 198

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – April 15, 2024 Page 2 of 8 VII. PUBLIC HEARINGS — None
VIII. CONSENT CALENDAR
ACTION – Consent Calendar
ACTING: City Council
Successor Agency Board
Montclair Housing Corporation Board
Montclair Housing Authority Commissioners
Montclair Community Foundation Board
DISCUSSION: Item C–1
MOTION: Approve the Consent Calendar as presented.

MADE BY:

SECOND BY:

Council Member/Director Lopez
Council Member/Director Ruh
AYES:

NOES:

ABSTAIN:

ABSENT:

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

A. Approval of Minutes

1. Regular Joint Meeting — April 1, 2024
ACTION – Consent Calendar – Item A–1
ACTING: City Council
Successor Agency Board
Montclair Housing Corporation Board
Montclair Housing Authority Commissioners
Montclair Community Foundation Board
RESULT: Approved on Consent Calendar; motion carried 5–0.

B. Administrative Reports

1. Consider Receiving and Filing City Treasurer's Report – March 2024
ACTION – Consent Calendar – Item B–1
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

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

3. Consider Receiving and Filing SA Treasurer’s Report – March 2024
ACTION – Consent Calendar – Item B–3
ACTING: Successor Agency Board
RESULT: Approved on Consent Calendar; motion carried 5–0.

MONTCLAIR CITY COUNCIL MEETING – 05/06/2024 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 – April 15, 2024 Page 3 of 8

4. Consider Approval of SA Warrant Register – March 2024 ACTION – Consent Calendar – Item B–4
ACTING: Successor Agency Board
RESULT: Approved on Consent Calendar; motion carried 5–0.

5. Consider Receiving and Filing MHC Treasurer's Report – March 2024
ACTION – Consent Calendar – Item B–5
ACTING: Montclair Housing Corporation Board
RESULT: Approved on Consent Calendar; motion carried 5–0.

6. Consider Approval of MHC Warrant Register – March 2024 ACTION – Consent Calendar – Item B–6
ACTING: Montclair Housing Corporation Board
RESULT: Approved on Consent Calendar; motion carried 5–0.

7. Consider Receiving and Filing of MHA Treasurer's Report – March 2024
ACTION – Consent Calendar – Item B–7
ACTING: Montclair Housing Authority Commissioners
RESULT: Approved on Consent Calendar; motion carried 5–0.

8. Consider Approval of MHA Warrant Register – March 2024 ACTION – Consent Calendar – Item B–8
ACTING: Montclair Housing Authority Commissioners
RESULT: Approved on Consent Calendar; motion carried 5–0.

9. Consider Authorizing the Receipt of $16,729 from the 2021 Justice Assistance Grant to Purchase Three Electric Bikes and Safety Equipment for the Police Department
Carolyn Raft, resident, stated she thinks electric bikes would be great for the Police Department, making them more
accessible to the community.

ACTION – Consent Calendar – Item B–9
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

C. Agreements

1. Consider Approval of Agreement No. 24–27 with TKE
Engineering, Inc. for On–Call Contract Inspection Services, Subject to Any Revisions Deemed Necessary by the City
Attorney
Consider Authorizing a $60,000 Appropriation from 2021
Lease Revenue Bond Proceeds for Costs Related to
Agreement No. 24–27
MONTCLAIR CITY COUNCIL MEETING – 05/06/2024 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 – April 15, 2024 Page 4 of 8 ACTION – Consent Calendar – Item C–1
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

D. Resolutions

1. Consider Adoption of Resolution No. 24–3432 Approving the Tree City USA Application for 2024 and Authorizing the
Director of Public Works to Sign the Application
ACTION – Consent Calendar – Item D–1
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

IX. PULLED CONSENT CALENDAR ITEMS — None
X. BUSINESS ITEMS
A. Consider Adoption of One of the Following Resolutions:

Resolution No. 24–3433 Affirming as Policy the City Council’s Practice to Not Act on Matters Considered the Purview and Maintenance of the State or National Governments; and, Further, to Not Consider or Adopt Resolutions, Issue Proclamations or Otherwise Engage in Discourse or Advocacy Adverse to the Interests Of Montclair, or that Would Place the City Council in the Position of Advocacy on Matters Outside the Purview of Local Government, or that Would Potentially Pit Against Each other Factions or Groups Within Montclair, or that are Otherwise Not Directly Connected with the City Council’s Governance or Administration of the City, its Provision of Public Services, or its Objective to Improve the Quality of Life for Montclair Residents; Resolution No. 24–3434 Demonstrating Support for the Biden Administration’s Call for “An Immediate Ceasefire” to Hostilities in the Israel–Gaza Strip Conflict, and that “Specific, Concrete, and Measurable Steps” be Taken to Curb Civilian Casualties and Prevent Harm to Aid Workers, that All Hostages, Prisoners of War and Detainees be Immediately Returned to their Respective States and, Further, that Humanitarian Aid be Permitted to Flow into the Conflict–Torn Areas
Mayor Dutrey invited comments from the public.

City Clerk Myrick read written comments submitted by the following:

1. Pastor Josh Matlock in support of Resolution No. 24–3433; and

2. Sally Sanders in support of Resolution No. 24–3434.
 Guy Bouk stated he prays for everyone on all sides of the matter.

The following spoke in support of the City Council’s adoption of proposed Resolution No. 24–3433, affirming the City Council’s policy to focus on local issues:

1. Bernice Navarro

2. Catherine Lara

3. Tom Long

4. Enrique Guzman

5. Lonnie Marion

6. Dyane McTarsney

7. Katelyn McTarsney

8. Joseph McTarsney

9. Jimmy Crowell

10. Sandra Crowell

11. Matthew Munson

12. Sharon Stein

13. Carolyn Raft

14. Paul Santillanez

15. Rabbi Shalon Harlig

16. Chanie Harlig

17. Edna Tzobery

18. Shoshana

19. Jacob Haiavy

20. Sigalif Raviv

21. Linor Geld
MONTCLAIR CITY COUNCIL MEETING – 05/06/2024 Page 194 of 198

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – April 15, 2024 Page 5 of 8 The following spoke in support of the City Council’s adoption of proposed Resolution No. 24–3434, calling for a ceasefire:

1. Samar Khalife

2. Fernando

3. Jessica Gaytan

4. Tahseen Sultana

5. Alejandra

6. Huda

7. Zain

8. Celeste Guerrero

9. Noor Abdallah

10. Rheyanah Williams

11. Elvis Caceres

12. Raina Ramirez

13. Ehaab Zubi

14. Madeline

15. Estee Chandler

16. Janel

17. Farzana

18. Liza Pena

19. Avraham Stern

20. Mirvette

21. Alex Rocha

22. Maggie Moe

23. Youssef Abdelmonen

24. Kenneth Tea

25. Kayo Nguyen

26. Ziad

27. Saffi Khan

28. Chapo

29. Zuhair

30. Thoraya

31. Nazli Janjue

32. Anonymous 1

33. Anonymous 2

34. Nicole

35. Phillip Gomez

36. Selma Maytah

37. Sawsan

38. Julian Gonzalez

39. Nour T.

40. Ibrahim Shaheed

41. MD Shaheed

42. Abu Elias

43. Abdul Rahman Kotat
At 9:56 p.m., Mayor Dutrey called for a brief recess.

The City Council reconvened at 10:05 p.m. with all members present.

Mayor Dutrey returned the matter to the City Council for discussion and consideration.

Mayor Pro Tem Johnson discussed her empathy for what the people of both Israel and Palestine are enduring. She stated she would support the resolution in favor of a ceasefire based on comments she heard tonight, although her primary focus as a Council Member is on local issues and she does not feel Resolution No. 24–3434 will have a significant impact on the war.

Council Member Martinez thanked the residents and students for speaking on this issue and noted she does not feel that by adopting Resolution No. 24–3434 the City Council would be acting “on matters considered the purview and maintenance of the state or national governments,” as proposed Resolution No. 24–3433 implies, but simply supporting the call for a ceasefire in Israel.

Council Member Ruh questioned how this item came to be on tonight’s agenda when there was not a majority of the City Council voting in support of its placement on the agenda.

City Manager Starr advised it was staff’s decision to place it on the agenda, as staff does for all items placed on the agenda for City Council consideration.

Council Member Ruh expressed he does not agree that local governments should be involved with international issues.

Council Member Lopez moved that the City Council adopt Resolution No. 24–3433.

Council Member Martinez requested to amend the motion to instead adopt Resolution No. 24–3434.

City Attorney Robbins advised the City Council must take action on the amended motion and, if that fails, can take action on the original motion.

Council Member Lopez requested to further amend the motion to adopt Resolution No. 24–3434 by adding provided language.

MONTCLAIR CITY COUNCIL MEETING – 05/06/2024 Page 195 of 198

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – April 15, 2024 Page 6 of 8 ACTION 1 – Business Items – Item A
ACTING: City Council
MOTION: Adopt Resolution No. 24–3434 with added language:

Whereas, the Montclair City Council condemns Hamas for
their unprovoked attack on Israel on October 7, 2023,
resulting in their terrorist acts of violence, murder,
destruction, fear, and intimidation of innocent people.

Whereas, the Montclair City Council condemns Hamas’s
taking of innocent human beings as hostages and calls for all nations to enact sanctions of every kind until every hostage is released in good health, free of harm.

Whereas, the Montclair City Council recognizes the nation of Israel’s right to defend its borders, its people, its national interests and their right to rescue their citizens held hostage.

MADE BY:

SECOND BY:

Council Member Lopez
Council Member Ruh
AYES:

NOES:

ABSTAIN:

ABSENT:

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

Mayor Dutrey called for a vote on Council Member Martinez’s motion.

City Attorney Robbins advised that the prior vote was to adopt Resolution No. 24–3434 as amended.

Mayor Dutrey and Council Member Lopez stated their understanding of the motion was to only amend proposed Resolution No. 24–3434.

Mayor Pro Tem Johnson stated she understood the motion to be voting to adopt Resolution No. 24–3434 as amended.

Mayor Dutrey requested the City Council vote to rescind the prior action so that a discussion can take place with everyone understanding the motion prior to voting.

ACTION 2 – Business Items – Item A
ACTING: City Council
MOTION: Rescind the previous vote to adopt Resolution No. 24– 3434 with added language:

Whereas, the Montclair City Council condemns Hamas for
their unprovoked attack on Israel on October 7, 2023,
resulting in their terrorist acts of violence, murder,
destruction, fear, and intimidation of innocent people.

Whereas, the Montclair City Council condemns Hamas’s
taking of innocent human beings as hostages and calls for all nations to enact sanctions of every kind until every hostage is released in good health, free of harm.

Whereas, the Montclair City Council recognizes the nation of Israel’s right to defend its borders, its people, its national interests and their right to rescue their citizens held hostage.

MADE BY:

SECOND BY:

Mayor Dutrey
Council Member Lopez
AYES:

NOES:

ABSTAIN:

ABSENT:

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

MONTCLAIR CITY COUNCIL MEETING – 05/06/2024 Page 196 of 198

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – April 15, 2024 Page 7 of 8 At 11:00 p.m., Mayor Dutrey called for a brief recess.

The City Council reconvened at 11:10 p.m. with all members present.

Mayor Pro Tem Johnson asked if the second clause could be removed from the amendments or replace “Hamas” with “all nations.” Council Member Lopez declined to remove any clauses from his proposed amendments or change the language as requested. He explained the importance of calling out Hamas, enacting sanctions on them, and demanding the release of hostages.

City Attorney Robbins asked if the clause could be amended for clarity as follows: Whereas, the Montclair City Council condemns Hamas’s taking of innocent human beings as hostages and calls for all nations to enact sanctions of every kind on Hamas until every hostage is released in good health, free of harm.

Council Member Lopez agreed.

Council Member Martinez stated she feels the amendments are unnecessarily divisive, noting they do not address all perspectives on the matter, such as Israel’s taking of Palestinian hostages nor Palestine’s right to defend its borders.

ACTION 3 – Business Items – Item A
ACTING: City Council
MOTION: Adopt Resolution No. 24–3434 with added language:

Whereas, the Montclair City Council condemns Hamas for
their unprovoked attack on Israel on October 7, 2023,
resulting in their terrorist acts of violence, murder,
destruction, fear, and intimidation of innocent people.

Whereas, the Montclair City Council condemns Hamas’s
taking of innocent human beings as hostages and calls for all nations to enact sanctions of every kind on Hamas until every hostage is released in good health, free of harm.

Whereas, the Montclair City Council recognizes the nation of Israel’s right to defend its borders, its people, its national interests and their right to rescue their citizens held hostage.

MADE BY:

SECOND BY:

Council Member Lopez
Mayor Dutrey
AYES:

NOES:

ABSTAIN:

ABSENT:

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

ACTION 4 – Business Items – Item A
ACTING: City Council
MOTION: Adopt Resolution No. 24–3434.

MADE BY:

SECOND BY:

Council Member Martinez
Mayor Pro Tem Johnson
AYES:

NOES:

ABSTAIN:

ABSENT:

Martinez, Johnson
Lopez, Ruh, Dutrey
None
None
RESULT: Motion failed 2–3.

MONTCLAIR CITY COUNCIL MEETING – 05/06/2024 Page 197 of 198

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – April 15, 2024 Page 8 of 8 ACTION 5 – Business Items – Item A
ACTING: City Council
MOTION: Adopt Resolution No. 24–3433.

MADE BY:

SECOND BY:

Council Member Lopez
Council Member Ruh
AYES:

NOES:

ABSTAIN:

ABSENT:

Lopez, Ruh, Dutrey
Martinez, Johnson
None
None
RESULT: Motion carried 3–2.

XI. COUNCIL WORKSHOP
A. Update on Affordable Housing and Homeless Assistance Grant Applications, Awards, and Projects
The City Council continued this presentation to an adjourned meeting to be held on Monday, May 6, 2024, at 5:45 p.m. in the City Council Chambers.

XII. COMMUNICATIONS
A. Department Reports — None
B. City Attorney— None
C. City Manager/Executive Director — None
D. Mayor/Chair

1. Announcement of Three Vacancies on Community Activities Commission for Four–Year Terms from July 1, 2024, to
June 30, 2028
Mayor Dutrey announced there are three vacancies on the Community Activities Commission. The deadline to apply is by May 15, 2024, at 5:00 p.m.

E. Council Members/Directors — None
F. Committee Meeting Minutes
The following committee minutes were received and filed for informational purposes:

1. Personnel Committee – April 1, 2024
XIII. ADJOURNMENT
At 11:30 p.m., the Successor Agency Board, Montclair Housing Corporation Board, Montclair Housing Authority Commission, and Montclair Community Foundation Board were adjourned.

At 11:30 p.m., the City Council was adjourned to Monday, May 6, 2024, at 5:45 p.m. in the Council Chambers for a Council Workshop.

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 Jacob Tuscher, husband of former Community Activities Commissioner Myrna Tuscher, and a longtime Montclair resident.

MONTCLAIR CITY COUNCIL MEETING – 05/06/2024 Page 198 of 198