Montclair City Council
August 19, 2024

CITY OF MONTCLAIR

CITY COUNCIL

SUCCESSOR REDEVELOPMENT AGENCY,

MONTCLAIR HOUSING CORPORATION, MONTCLAIR

HOUSING AUTHORITY, AND MONTCLAIR COMMUNITY

FOUNDATION MEETINGS

AGENDA PACKET
Monday, August 19, 2024
7:00 p.m.

Montclair City Council Chambers
5111 Benito Street
Montclair, CA 91763
Mayor
Javier “John” Dutrey
Mayor Pro Tem
Tenice Johnson
Council Members
Bill Ruh
Corysa Martinez
Benjamin “Ben” Lopez
City Manager
Edward C. Starr
City Attorney
Diane E. Robbins
City Clerk
Andrea M. Myrick

REGULAR JOINT MEETING OF THE

CITY COUNCIL, SUCCESSOR AGENCY, MONTCLAIR HOUSING CORPORATION,

MONTCLAIR HOUSING AUTHORITY, AND MONTCLAIR COMMUNITY FOUNDATION to be held in the Council Chambers
5111 Benito Street, Montclair, California
Monday, August 19, 2024
7:00 p.m.

If you want to provide comments on an agenda item, including public hearing and closed session items, please complete a Speaker Card located in the Council Chambers. The Mayor/Chair (or the meeting’s Presiding Officer) will call on those who submitted requests to speak at the appropriate times during the meeting. Written comments (200–word limit per agenda item, and 200–word limit for all non–agenda items combined) can also be emailed to [email protected] at least one hour before the meeting begins.

Watch Council meetings live on the City’s official YouTube Channel at https://www.youtube.com/@cityofmontclair, or via Zoom using the following information: Zoom Link: https://zoom.us/j/93717150550 / Dial Number: 1 (669) 900–6833 / Meeting ID: 937–1715–0550.

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

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

III. PLEDGE OF ALLEGIANCE
IV. ROLL CALL
V. PRESENTATIONS
A. Presentation by Monte Vista Water District: “Making Conservation a Way of Life” VI. PUBLIC COMMENT
During Public Comment, you may comment on any subject that does not appear on this agenda. Each speaker has up to five minutes. The meeting’s presiding officer may provide more or less time to accommodate speakers with special needs or a large number of speakers waiting in line. (Government Code Section 54954.3).

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

VII. PUBLIC HEARINGS Page No.

A. Consider Adoption of Resolution No. 24–3453 Establishing a Five–Year Schedule of Maximum Monthly Rate Caps for Refuse and Sewer Program Services in Compliance with Proposition 218 [CC] 5
VIII. CONSENT CALENDAR
A. Approval of Minutes

1. Regular Joint Meeting – July 15, 2024 [CC/SA/MHC/MHA/MCF] 243

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MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 1 of 248 Page No.

B. Administrative Reports

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

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

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

4. Consider Approval of Warrant Register [SA] 26

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

6. Consider Approval of Warrant Register [MHC] 28

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

8. Consider Approval of Warrant Register [MHA] 30

9. Consider Designating Mayor Dutrey as Voting Delegate for the Annual Business Meeting of the General Assembly at the League of California Cities Annual Conference on October 18, 2024 [CC] 31

10. Consider Authorizing the Purchase of a 2024 Ford F–450 Medic Squad from Fire Apparatus Solutions in the Total Amount of $246,137.55 [CC] Consider Authorizing a $246,137.55 Appropriation from the Equipment Replacement Fund for the Purchase of a 2024 Ford F–450 Medic Squad from Fire Apparatus Solutions [CC] 32

11. Consider Authorizing a $47,565.75 Appropriation from the Equipment Replacement Fund for the Purchase of a 2024 Chevrolet Silverado 2500 Pickup Truck from Mark Christopher Chevrolet, and $9,851.25 for the Installation of Safety Lights, Strobes, and a Cross–Body Tool Box for the Vehicle [CC]
Consider Declaring a 2000 Chevrolet 2500 Bi–Fuel Pickup Truck (Unit 220) as Surplus and Available for Sale at Auction [CC]. 34

12. Consider Authorizing a $37,606.78 Appropriation from the Equipment Replacement Fund for the Purchase of a 2024 Chevrolet Colorado Pickup Truck from Rotolo Chevrolet for the Code Enforcement Division [CC] 37

13. Consider Declaring Two Noncompliant Vehicles as Surplus and Available for Donation to the City of Huatabampo, Sonora in Mexico [CC] 39 C. Agreements

1. Consider Approval of Agreement No. 24–43–I–111 an Irrevocable Annexation Agreement with 2a LLC, for a 2.42 Acre Site at the Southwest Corner of Mission Boulevard and Benson Avenue, Ontario, Ca 91762 (Apns 1011–351–04 And 1011–351–05) (Case No. 2024–27), Subject to any Revisions Deemed Necessary by the City Attorney [CC] 40

2. Consider Approval of Agreement No. 24–62 with Lifestyle Management Solutions to Provide Nutrition Education Services for the City’s Senior Citizen Nutrition Program, Subject to any Revisions Deemed Necessary by the City Attorney [CC] 46

3. Consider Approval of Agreement No. 24–63 with Rymax Electrical, Inc., for the Installation of the Emergency Generator and Electrical Conductors at the Civic Center, Subject to any Revisions Deemed Necessary by the City Attorney [CC] 63
MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 2 of 248 Page No.

4. Consider Approval of Agreement No. 24–64 with Kendry II Apartments Owner, LLC, an Operations and Management Regulatory Agreement Regarding Property Generally Located at the Southwest Corner of Arrow Highway and Monte Vista Avenue, Subject to any Revisions Deemed Necessary by the City Attorney [CC] 69

5. Consider Approval of Agreement No. 24–66 with Liebert Cassidy Whitmore for Participation in the East Inland Empire Employment Relations Consortium and Premium Liebert Library Subscription, Subject to any Revisions Deemed Necessary by the City Attorney [CC] 90

6. Consider Approval of Agreement No. 24–67 with Blais & Associates, Inc. for Grant Writing Services, Subject to any Revisions Deemed Necessary by the City Attorney [CC]
Consider Authorizing a $100,000 Appropriation from the Contingency Reserve Fund for Costs Related to Agreement No. 24–67 [CC] 95

7. Consider Approval of Agreement Nos. 24–68, 24–69, and 24–70 with Montclair Little League and Golden Girls Softball League for Use of Ball Field Facilities [CC] 114

8. Consider Approval of Agreement No. 24–71 with Chaplain of the Streets for the Lease of a City–Owned Property, Subject to any Revisions Deemed Necessary by the City Attorney [CC] 136

9. Consider Approval of Agreement No. 24–72 with Kaiser Foundation Hospitals to Accept a Grant Award in the Amount of $15,000 to Support Montclair the Montclair to College Program [MCF]
Consider Authorizing the Executive Director Edward C. Starr to Sign Agreement No. 24–72 [MCF] 159
D. Resolutions

1. Consider Adoption of Resolution No. 24–3439 Approving Agreement No. 24–65, an Affordable Housing Agreement with the Montclair Housing Authority and the Montclair Housing Corporation; Authorizing the Transfer of 9603 Mills Avenue, Montclair, to the Montclair Housing Authority for use as Affordable Housing; and Declaring such Real Property to be Exempt Surplus Land [CC]
Consider Authorizing a $35,000 Appropriation from the Economic Development Assets Fund for Rehabilitation of the Property Located at 9603 Mills Avenue, Montclair [CC]
Consider Adoption of MHA Resolution No. 24–02 Approving Agreement No. 24–65, an Affordable Housing Agreement with the City of Montclair and the Montclair Housing Corporation, and Accepting the Transfer of Certain Real Property from the City of Montclair [MHA]
Consider Adoption of MHC Resolution No. 24–03 Approving Agreement No. 24–65, an Affordable Housing Agreement with the City of Montclair and the Montclair Housing Corporation [MHC] 167

2. Consider Adoption of Resolution No. 24–3450 Authorizing Placement of Assessments on Certain Properties for Delinquent Sewer and Trash Accounts [CC] 221

3. Consider Adoption of Resolution No. 24–3451 Adopting the Measure I Five–Year Capital Project needs Analysis for Fiscal Years 2025–26 through 2029–30 [CC]
MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 3 of 248 Page No.

Consider Adoption of Resolution No. 24–3452 Adopting the Measure I Five–Year Local Street Capital Improvement Program for Fiscal Years 2025–26 through 2029–30 [CC] 228

4. Consider Adoption of Resolution No. 24–3454 Designating Authorized Agents of the City of Montclair for California Office of Emergency Services (Cal OES) Public Assistance Grants [CC]
Consider Approving for Submittal the Cal OES Form 130 Updating the City’s Authorized Agents [CC] 234
IX. PULLED CONSENT CALENDAR ITEMS
X. COMMUNICATIONS
A. Department Reports — None
B. City Attorney

1. Request for City Council to Meet in Closed Session Pursuant to Government Code §54956.8 Regarding Real Property Negotiations [CC] Property: APN: 1007–703–06–0000
Negotiating Parties: City of Montclair, CRP/VP Montclair Village Owner, LLC City Negotiators: Edward C. Starr, City Manager
Under Negotiation: Recommendations Regarding Purchase Price

2. Request for City Council to Meet in Closed Session Pursuant to Government Code §54956.8 Regarding Real Property Negotiations [CC] Property: APN: 1010–295–03–0000
Negotiating Parties: City of Montclair, CRP/Tessier, Daniel & Carlotta Living Trust City Negotiators: Edward C. Starr, City Manager
Under Negotiation: Recommendations Regarding Purchase Price C. City Manager/Executive Director
D. Mayor/Chairperson
E. Council Members/Directors
F. Committee Meeting Minutes (for informational purposes only)

1. Public Works Committee Meeting – April 18, 2024 [CC] 238

2. Personnel Committee Meeting – July 15, 2024 [CC] 242 XI. CLOSED SESSSION
XII. CLOSED SESSION ANNOUNCEMENTS
XIII. ADJOURNMENT
The next regular joint meeting of the City Council, Successor Agency Board, Montclair Housing Corporation Board, Montclair Housing Authority Commission, and Montclair Community Foundation Board will be held on Tuesday, September 3, 2024 at 7:00 p.m.

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

If you need special assistance to participate in this meeting, call the City Clerk’s Office at (909) 625–9416 or e–mail [email protected]. Notification prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35.102–35.104 ADA Title II) I, Andrea M. Myrick, City Clerk, hereby certify that I posted, or caused to be posted, a copy of this Agenda not less than 72 hours prior to this meeting on the City’s website at https://www.cityofmontclair.org/agendas/ and on the bulletin board adjacent to the north door of Montclair City Hall at 5111 Benito Street, Montclair, CA 91763 on Thursday, August 15, 2024.

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MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 4 of 248

CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 19, 2024
SECTION: PUBLIC HEARINGS
ITEM NO.: A
FILE I.D.: FLP175/FLP180
DEPT.: FINANCE
PREPARER: J. KULBECK
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 24–3453 ESTABLISHING A FIVE–YEAR

SCHEDULE OF MAXIMUM MONTHLY RATE CAPS FOR REFUSE AND SEWER PROGRAM SERVICES IN COMPLIANCE WITH PROPOSITION 218
REASON FOR CONSIDERATION: The City of Montclair provides a number of property– related services to the community including the disposal of refuse and the operation and maintenance of a sewer system. The cost of providing these services is charged to ratepayers/property owners. The City Council may consider adjustments to the rates for property–related services; however, such rate adjustments are subject to Proposition 218's notification, protest, and hearing requirements. The City Council authorizes Proposition 218 public notifications and hearings for property–related fee adjustments and establishes fee caps related thereto. At this evening’s meeting, the City Council is to conduct a public hearing to receive oral and written protests from residents and property owners regarding proposed refuse rate caps that would be in effect through July 2028.

BACKGROUND: The City of Montclair, through its contract solid waste hauler, Burrtec Waste Industries, Inc. (Burrtec), provides for the disposal of residential refuse. Services include the weekly pickup of solid waste, green waste, organic, and recyclables; ondemand pickup of large items; and neighborhood cleanup services.

The City also provides a variety of sewage-related programs: Services include the treatment and collection of sewage/wastewater on demand, 24 hours per day, 7 days per week, 365 days per year; sewer system maintenance; and sewer system infrastructure improvements. The City of Montclair maintains the sewer system; the Inland Empire Utilities Agency (IEUA), an independent agency, provides for the treatment of sewage.

Provision of the above utilities is essential to providing Montclair residents with a safe, healthy, and habitable community.

Proposition 218 Hearing Requirements. Article XIID, Section 6(a) of the State Constitution (Proposition 218), passed by the voters of California on November 5, 1996, requires municipalities to give detailed written notice to the owners of parcels upon which proposed fees or charges are to be applied. A public hearing shall be conducted not less than 45 days after mailing the notice. If written protests against a proposed fee or charge are presented by a majority of owners of such parcels, the fee adjustment shall not be implemented. If a majority protest is not received, the rate cap may go into effect by adoption of an enabling resolution and without further action.

MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 5 of 248 The City Council shall consider all protests against the proposed rates; however, state law (Article XIIID, Section 6 of the State Constitution) provides that only written protests submitted by property owners shall be counted to determine whether a majority protest to the proposed increases exists.

Written Protest Procedure. A property owner may file a written protest to the proposed increases in one of the following ways:

1. Through the United States mail to City of Montclair, Attn: City Clerk, P.O. Box 2308, Montclair, CA 91763 (must be received before the Public Hearing).

2. By deposit in the utility bill drop box at Montclair City Hall.

3. By hand delivery to the Montclair City Clerk during normal business hours (Monday through Thursday, 7:00 a.m. to 6:00 p.m.).

4. By hand delivery to the Montclair City Clerk at the date and time of the public hearing on August 19, 2024.

Written protests are to be received by the Montclair City Clerk no later than 7:00 p.m. on Monday, August 19, 2024, or by the conclusion of the public hearing.

Each written protest must include the parcel owner's name, service address, assessor's parcel number for the parcel served, and the parcel owner's signature. No more than one protest per parcel may be submitted.

Majority Protest. A majority protest shall exist only in the event that a majority of owners of the identified parcels submit written protests against the proposed fees to the City of Montclair. Written protests shall be received and counted by the Montclair City Clerk, and such written protests shall be part of the public record as defined in Section 6252 of the Government Code. If the count of written protests from property owners shows that a majority protest is received, the proposed fees shall not be implemented. If a majority protest fails, the City Council shall consider the adoption of proposed increases.

Methodology for Prospective Fees. The methodology of proposed fees noticed to property owners can include annual prospective adjustments or ranges of annual adjustments, provided the formula or fee methodology approved by property owners does not change or does not change in a way that would otherwise impose future increases that are higher than the fee formula approved by the City Council. In the event that rates higher than those projected are required to meet program needs, the City is required to conduct a new Proposition 218 notification, protest, and hearing process.

Fees proposed herein do not exceed the proportional cost of the service attributable to each affected parcel, and revenues derived are not expected to exceed the cost of service.

City Council Directed Authorization to Proceed. At its meeting on June 17, 2024, the City Council adopted Resolution Nos. 24–3441 and 24–3442 authorizing the following actions which have been accomplished:
 Setting a public hearing on residential refuse and sewer rates for August 19, 2024, to receive public comment related to proposed rates.

MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 6 of 248  Establishing a schedule of proposed total monthly rates for refuse and sewer services.
 Authorizing staff to send notices of a public hearing regarding total monthly rates for refuse and sewer services to property owners of record upon whom proposed fees would be imposed.

Supreme Court Rules Proposition 218 Applicable. On July 24, 2006, the California Supreme Court published its decision on Bighorn–Desert View Water Agency v. Beringson addressing the property–related–fee provisions of Proposition 218. In relation to each of these services, the Court ruled that where the rate is set by a government agency, it is a "property-related" fee subject to the public hearing requirements of the measure.

Solid Waste Disposal Services
Pursuant to Title 6, Section 6.16.050 of the Montclair Municipal Code, the City Council may, from–time–to–time, consider adjustments to rates for solid waste disposal services.

Burrtec, the City's franchise solid waste hauler, is seeking an adjustment to residential and commercial refuse rates. Proposed rate adjustments include fees for recycling, organic waste, and sanitation to comply with state law mandates, provide enhanced service levels to the community, and provide commercial operators with a range of optional services.

Residential Refuse Rates
Agreement No. 18–26, by and between Burrtec Waste Industries (Burrtec) and the City of Montclair, provides for the annual adjustment of residential refuse service rates by a percentage increase not to exceed the All Cities Consumer Price Index (CPI) for the Los Angeles–Riverside–Orange Co. Area, AII–Items Indexes, All Urban Consumers, for the previous 12 months ending in January.

Burrtec last requested and received an adjustment to the residential refuse rate with an effective date of January 1, 2023. The proposed adjustment stemmed from two components: (1) an increase in refuse service costs related to CPI adjustments since July 2019, and (2) the increased costs for providing services related to SB 1383 regulations.

This was the only residential refuse service rate increase to Montclair residents since 2019.

Burrtec is currently requesting a 2.25 percent rate adjustment with an effective date on or about August 1, 2024. The proposed adjustment stems from three components: (1) a 3.48 percent increase in refuse service costs related to CPI adjustments since January 2023, (2) increased costs for recyclable and green waste processing and disposal fees, and (3) the removal of the 2022 catch–up fee.

Residential Refuse Rate: Five–Year Schedule of Maximum Rate Caps The proposed five–year schedule of rates is based on the terms and conditions contained in Agreement No. 18–26.

MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 7 of 248 Table 2, attached as Appendix 1, reflects the proposed schedule of maximum refuse rates that can be assessed to residential ratepayers for the five–year rate period that runs from July 1, 2024, through July 1, 2028. At no time during each of the annual rate periods can refuse rates exceed the applicable maximum monthly rate cap for the effective year. If a request for refuse rate increases exceeds the effective maximum monthly rate cap for the applicable year, a new Proposition 218 public hearing would be required.

Proposed maximum residential refuse rate caps are based on a ten percent per annum adjustment.

Maximum residential refuse rate caps are not an indication of actual monthly residential refuse rates. In prior years, all approved increases were below maximum refuse rate caps, and below authorized increases pursuant to Agreement No. 18–26. On January 1, 2023, the refuse rate was increased to $37.64 which is $1.06 below the rate cap of $38.70, and was the first increase to refuse rates since July 1, 2019.

Proposed Residential Refuse Rates Effective August 1, 2024 Concurrent with the Proposition 218 public hearing this evening to consider establishing a five–year schedule of maximum residential refuse rate caps, City staff is asking the Council to consider a proposed schedule of residential refuse rates effective on or about August 1, 2024.

Following is a discussion of components that constitute the monthly residential refuse rate and proposed cost adjustments for each rate component:
 Refuse Service Rate: The refuse service rate represents that portion of the rate paid to Burrtec for collecting and transporting refuse to the Materials Recovery Facility (MRF). The City's Agreement with Burrtec allows the refuse service rate to be adjusted each year by the CPI, not to exceed 5 percent annually. Burrtec is requesting a service rate adjustment of $0.44, from $12.73 to $13.17.  Landfill Rate: The landfill rate represents a pass-through of actual transportation and tipping fees paid by Burrtec. Currently, refuse generated in Montclair is transported from Burrtec's MRF in Fontana to several landfills within Burrtec's network of landfill disposal sites throughout Southern California. The rate is adjusted by a formula agreed upon in Agreement No. 18–26. Burrtec is requesting a $1.00 adjustment in the landfill rate from $6.57 to $7.57.  Recycling Service Rates: The recycling service rate represents the cost of collecting and transporting recyclables to the MRF. A service rate adjustment of $0.14, from $3.97 to $4.11, is being proposed.
 Materials Recovery Facility Fee: The MRF component is affected by (1) the volume of recyclables processed; (2) the amount of refuse (contamination) found in the recyclables; and (3) the market value of recycled commodities over the preceding 12 months.

MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 8 of 248 Pursuant to AB 341, all cities in the state were required to reach a 75 percent landfill recovery rate by 2020. As such, the amount of recyclable commodities that Burrtec is able to collect and process has increased significantly as a result of state law. Burrtec’s cost of processing and disposing of recyclables has risen from $34.23 per ton to $59.95 per ton. Therefore, Burrtec is proposing a $0.52 adjustment in the MRF rate from $0.83 to $1.35.
 Greenwaste Disposal: The Greenwaste Disposal Fee represents a pass–through of actual transportation and tipping fees paid by Burrtec. Increases for this rate component are typically tied to increases in fuel prices and tipping fees, and decreases in commodity volume.

The formula used to calculate the green waste component is essentially based on disposal volume plus the disposal charge per ton. Burrtec’s disposal costs for this have risen from $80.00 per ton to $89.57 per ton. Therefore, Burrtec is proposing a $0.40 increase in this cost component, from $3.33 to $4.03.  SB 1383 Compliance Fee: The SB 1383 Compliance Fee represents costs related to state–mandated organic waste collection and diversion of such waste from landfills. This rate was subsidized by Burrtec for the first year of the program. A service rate adjustment of $0.90 is being proposed.
 2022 Catch–up Fee: The 2022 Catch–up Fee represents a delay in refuse collection increases. A service rate decrease of $2.85, from $2.85 to $0 is being proposed.
 Household Hazardous Waste Fee: The City has an agreement with the County of San Bernardino to provide household hazardous waste disposal facilities.

Disposal facilities are located at the following locations:
5050 Schaefer Avenue, Chino
1430 South Cucamonga Avenue, Ontario
1370 North Benson Avenue, Upland
Montclair residents may dispose of hazardous waste at no charge at the time of disposal and are annually assessed approximately $6.60 per household ($0.55 monthly). The Household Hazardous Waste Fee is based on the actual cost charged to the City by San Bernardino County and is intended as a pass–through cost to each ratepayer. A rate adjustment of $0.07, from $0.55 to $0.62, is proposed.
 General Sanitation Fee: The general sanitation fee is a rate component assessed to residential ratepayers to reimburse for a portion of City costs related to general community maintenance issues including graffiti abatement, alleyway maintenance, illegal dumping, property cleanup, sanitation services, and removal of abandoned bulky items in neighborhoods and alleyways. Since adoption of the General Sanitation Fee in 2011, the service charge has remained below the actual/estimated cost of service. A rate adjustment of $0.15, from $2.82 to $2.97, is proposed.

MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 9 of 248  Administrative Fee: The Administrative Fee is a charge imposed by the City to reimburse for the cost of administering the refuse service program—the current fee is $3.99 per month. Service charges should approximate the actual/estimated cost of service. There is no anticipated adjustment in the Administrative Fee component.

Table 1 below identifies cost components of Montclair's Total Monthly Household Refuse Rate including current and proposed rates—proposed monthly residential refuse rates will be considered at a public hearing scheduled for August 19, 2024.

Table 1 also indicates the adoption of proposed Resolution No. 24–3453 would increase the Total Monthly Household Refuse Rate from $37.64 to $38.71, an increase of $1.07.

Senior households would continue to be charged a refuse rate that is 20 percent below the monthly refuse fee for nonsenior households—the monthly senior household rate would increase from $30.11 to $30.97, an increase of $0.86.

Table 1
Total Monthly Household Refuse Rate Components
Current and Proposed Residential Refuse Rates
Fee Components Current Proposed
Refuse service rate $ 12.73 $ 13.17
Recycling service rate $ 3.97 $ 4.11
Refuse landfill/Transfer rate $ 6.57 $ 7.57
MRF fees $ 0.83 $ 1.35
Greenwaste disposal rate $ 3.33 $ 4.03
SB 1383 Compliance Fee $ 0.00 $ 0.90
Catch–up fee 2022 increase delayed to 1/1/23 $ 2.85 $ 0.00 Total cost of services—paid to Burrtec $ 30.28 $ 31.13
General sanitation fee $ 2.82 $ 2.97
Administrative fee $ 3.99 $ 3.99
Household Hazardous Waste fee $ 0.55 $ 0.62
Total monthly cost to provide refuse collection $ 37.64 $ 38.71 TOTAL MONTHLY HOUSEHOLD RATE $ 37.64 $ 38.71
TOTAL MONTHLY SENIOR HOUSEHOLD RATE $ 30.11 $ 30.97
Monthly City subsidy per senior household $ 7.53 $ 7.74 Miscellaneous:

Extra Cart:

Refuse
Recycling
Greenwaste
$ 6.56
$ 1.48
$ 4.17
$ 6.79
$ 1.53
$ 4.31
Senior Household Refuse Rate Subsidy Program
Montclair currently provides a monthly refuse rate subsidy program for senior households—to qualify, accountholders must be age 65 or older, live at the residence, and the refuse account must be in the customer's name. The current monthly household refuse rate for senior households is $30.11— a savings of $7.53 off the current Total Monthly Household Refuse Rate of $37.64; the proposed Senior Household rate of $30.97 effective on or about August 1, 2024, represents a savings of $7.74 below the proposed Total Monthly Household Refuse Rate of $38.71.

MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 10 of 248 The subsidy program is not a rate discount off the Total Monthly Household Refuse Rate; rather, it is a General Fund subsidy that offsets the Total Monthly Household Refuse Rate currently charged to the households of non–senior residential refuse ratepayers. The General Fund subsidy is used to make full payments to Burrtec for refuse services provided to senior households. Staff recommends continuing the practice of providing a 20 percent discount off the monthly residential refuse rate for senior households.

Commercial Refuse Rates
Similar to the discussion for residential refuse rates, it is the City Attorney’s opinion that Proposition 218 requires a public hearing for commercial refuse rates.

The process related to conducting a Proposition 218 public hearing for commercial refuse rates is similar to the process followed for residential refuse rates.

Agreement No. 18–26 provides for annual adjustment of commercial refuse service rates by a percentage increase not to exceed the All Cities Consumer Price Index (CPI) for the Los Angeles–Riverside–Orange County Area, AII–Items Indexes, All Urban Consumers for the previous 12 months ending in January.

Commercial Refuse Rate: Five–Year Schedule of Maximum Rate Caps The proposed five–year schedule of commercial rates is based on the terms and conditions contained in Agreement No. 18–26.

Table 2, attached as Appendix 1 to this report reflects a comparison of the current and proposed commercial rates requested by Burrtec. Commercial refuse rates cannot exceed the applicable maximum Proposition 218 monthly rate caps previously established by the City Council. If a proposed commercial rate increase exceeds the effective maximum allowable monthly rate cap for the applicable year, it would either be denied or a new Proposition 218 public hearing would be required.

Maximum commercial refuse rate caps approved through the Proposition 218 process are not an indication of actual monthly commercial refuse rates. The City of Montclair typically does not increase commercial refuse rates on an annual basis, and adjustments, when they do occur, usually fall well below the maximum Proposition 218 rate cap for the applicable year and below authorized increases pursuant to Agreement No. 18–26.

Following is a discussion of components that constitute the monthly commercial refuse rate and proposed cost adjustments for each rate component.  Service costs related to the provision of refuse services. Service costs are subject to annual CPI adjustments pursuant to Agreement No. 18–26. Burrtec is requesting a 3.48 percent CPI adjustment for Commercial Rates.
 Pass–through costs including a Greenwaste processing fee and/or the Landfill Disposal rate. Materials Recovery Facility Fee: As indicated above, the MRF component is affected by (1) the volume of recyclables processed; (2) the amount of refuse (contamination) found in the recyclables; and (3) the market value of recycled commodities over the preceding 12 months.

Pursuant to AB 341, all cities in the state were required to reach a 75 percent landfill recovery rate by 2020. As such, the amount of recyclable commodities that Burrtec is able to collect and process has increased significantly as a result of state law.

MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 11 of 248 The recent growth in the volume of recyclables has produced a downward trend in commodity prices and currently, foreign outlets have stopped accepting recyclables. The Disposal/Landfill rate for Commercial Bins and Roll–Offs is increasing from $49.00 per ton to $55.74 per ton and the Greenwaste rate is increasing from $54.37 per ton to $60.87 per ton.
 Frequency Factor. This component represents the number of times per week (or other designated period of days) that refuse is picked up for disposal. The frequency factor provides ratepayers with a graduating discount rate based on the number of times of service per week.
 Bin Size. Bins are provided in the following sizes: 1.5 yards (0.3250 tons); 2.0 yards 0.4333 tons); 3.0 yards (0.6500 tons); 3.0 yards/greenwaste (1.3000 tons);

3.0 yards compacted (1.9500 tons); and 4.0 yards/compacted (2.600 tons).

Additionally, 95 and 65-gallon barrels are available. Bin/Barrel size, Disposal/ Landfill, and Greenwaste disposal rates determine the monthly cost for this component.
 Franchise Fee. The franchise fee is an assessment against Burrtec for the exclusive right to be the primary solid waste hauler for the City of Montclair and consists of a 10 percent fee of gross revenue derived from services to commercial, institutional, and industrial premises, exclusive of revenue from the sale of recyclable materials and disposal tip fees. There is no increase in this fee component.
 Pavement Impact Fee. The pavement impact fee is an assessment against Burrtec to compensate the City for damage done to pavement caused by heavy refuse disposal trucks owned and operated by Burrtec and their frequent and regular use of City roads. This rate component consists of a 3.5 percent fee of gross revenue from services to commercial, institutional, and industrial premises, exclusive of revenue from sale of recyclable materials and disposal tip fees. There is no increase in this fee component.
 Recycling Fee. The recycling fee is increasing from $3.14 per cubic yard to $3.96 per cubic yard. The new rate of $3.96 per cubic yard would result in a monthly fee of $51.48, based on a typical 3–yard bin size, at a frequency rate of once per week.  Food Waste Bin. Pursuant to SB 1383, all cities in the state are required to reach a 75 percent reduction in landfilled organic waste by 2025. Rates for food waste disposal were put in place in 2019. The collection rate for Commercial Food Waste Bins is increasing from $94.75 per ton to $106.08 per ton.  General Sanitation Fee. The General Sanitation Fee remains at $0.40 per yard and is multiplied by the collection frequency per month for commercial refuse accounts.

The General Sanitation Fee for commercial refuse accounts is designed to contribute toward the cost of general community maintenance issues including graffiti abatement, alleyway maintenance, illegal dumping, property cleanup, sanitation services, and removal of abandoned bulky items in neighborhoods and alleyways. There is no increase in this fee component.

MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 12 of 248 Elective Refuse Service Fees
Burrtec rates also include a category of elective refuse services for commercial ratepayers, for an additional cost that only be charged to accounts voluntarily agreeing to access these services.

Proposed elective services include the following:
 Extra Bin Pickup
 Locking Containers
 Steam Cleaning
 Bulky Item Trip
 Bulky Item Pickup
 Relocation Fee of Roll–Off Containers Rental Fee
 Rental Fee
Refuse Rate Comparisons
Comparative surveys do not typically offer clarity as to the cost of providing refuse rates; rather, such comparisons provide a simple tool for showing existing refuse rate ranges for comparable types of services. The following are significant factors when conducting rate comparisons:
 Cities do not typically publish or identify refuse rate components. Instead, they simply state the total fee for commercial and residential refuse rates. As such, it is difficult to identify what the rate components are for commercial and residential refuse rates. Some cities may incorporate a variety of rate components within their monthly refuse rate including but not limited to administration fees, street sweeping, sanitation fees, recycling fees, greenwaste fees, and pavement impact fees. As more and more cities begin to examine the rate structures used by neighboring communities, the use of varied rate components is becoming commonplace.  Services included in various refuse rates are typically structured differently in each city, thereby making direct comparisons unreliable. For example, some cities may charge a general sanitation fee that covers graffiti abatement and street cleaning; while another city may charge a sanitation fee that only covers bulky item pick–up.

As such, it is difficult to compare services provided by refuse haulers.  Not all cities provide tiered refuse rates such as Non–senior and Senior Residential Refuse Rates. While some cities may offer a two–tiered system, the formula by which the rate is subsidized is oftentimes unknown.
 Economies of scale greatly affect the refuse service rate for cities. Typically, cities with much larger populations that produce vast amounts of refuse are provided much lower refuse service rates—a factor attributed to the lower cost per unit to provide refuse service. Examples include the cities of Rancho Cucamonga and Fontana. These cities have significantly larger populations and produce a higher volume of refuse in comparison to Montclair. Cities with smaller populations and producing small amounts of refuse tend to have higher refuse service rates, based on the higher cost per unit to provide refuse services.

MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 13 of 248 Rate Comparisons for residential and commercial refuse services are shown below in Table 3 and Table 4 respectively.

Table 3
Residential Rate Comparisons
Jurisdiction Hauler Rate
Net Burrtec
Rate
Rancho Cucamonga Burrtec $33.44 $27.83
Fontana Burrtec $36.15 $31.09
San Bernardino County Burrtec $37.62 $31.98
Upland Burrtec $38.09 $36.64
Chino Waste Management $37.33
Montclair (current) Burrtec $37.64 $30.28
Montclair (proposed) Burrtec $38.71 $31.13
Ontario City of Ontario $43.81
Table 4
Commercial Rate Comparisons
Jurisdiction Rate
San Bernardino County $130.35
Ontario $172.83
Upland $183.37
Rancho Cucamonga $207.38
Montclair (current) $213.45
Montclair (proposed) $224.00
Sewer Maintenance Rates
Chapter 9.20 of the Montclair Municipal Code provides for the design, construction, alteration, use, maintenance, and replacement of the City Sewer System and the collection of appropriate fees that provide for the maximum beneficial use of the City Sewer System, groundwater resources, effluent–receiving waterways, wastewater discharges, and improvements/maintenance of the sewer system.

Revenues to support the City's sewer infrastructure and Sewer Maintenance Program derive from the Equivalent Dwelling Unit (EDU)—a fee structure imposed by the Inland Empire Utilities Agency (IEUA) and the City of Montclair with various fee components that support sewage treatment and sewer maintenance. Montclair ratepayers currently pay $33.47 per month per EDU—known as the "Total Monthly EDU Rate." Components of the EDU fee structure include the following:

1. Sewage treatment: The treatment of sewage effluent flowing through the sewer system—provided by IEUA.

MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 14 of 248

2. Sewer maintenance: The maintenance of the sewer system that collects and transports sewage for treatment—provided by the City of Montclair.

3. Infrastructure replacement/rehabilitation: Long–term replacement and rehabilitation of deteriorating sections of the City's sewer system—provided by the City of Montclair.

4. Effluent/Contamination maintenance: The maintenance of sewer line obstructions related to foreign substances in the sewer system. This is a new component for FY 2024/25.

The largest cost component of the current Total Monthly EDU Rate ($23.39 per month per EDU) goes to the IEUA for sewage treatment–related costs. The remaining balance of $10.08 per month per EDU goes to the City to pay for all Sewer Program services, personnel, capital outlay, infrastructure improvement, and maintenance including the annual cleaning of each sewer line, the purchase of necessary equipment to perform maintenance, and the preparation and submission of various reports and studies to demonstrate compliance with regulatory requirements.

The City last conducted a public hearing to establish sewer rates in 2019. The maximum rates established at that time were for a five–year period, terminating in June 2023.

In 2023, IEUA adopted sewage treatment rates for a two–year period effective July 1, 2023, through June 30, 2025. The IEUA rate specified for Fiscal Year 2024–25 is $24.79 per EDU.

Table 5 below shows current and proposed rates. The proposed rate caps are not necessarily the actual rates that will be recommended for adoption in later fiscal years. Part 1 Fees will be set at the amounts eventually adopted by the IEUA Board of Directors. Part 2 Fees will be determined each year based on previous years' expenditures and projected needs. Part 3 and Part 4 Fees will likely remain constant with increases only requested if staff determines an increase is warranted.

Table 5
Current & Proposed Sewer Rates
Effective Date Total
Current $ 23.39 8.58$ 1.50$ -$ 33.47 $
Proposed:
07/01/24 $ 24.79 9.44$ 1.75$ 0.50$ $ 36.48
07/01/25 $ 27.27 $ 10.38 1.75$ 0.50$ $ 39.90
07/01/26 $ 30.00 $ 11.42 1.75$ 0.50$ $ 43.67
07/01/27 $ 33.00 $ 12.56 1.75$ 0.50$ $ 47.81
07/01/28 $ 36.30 $ 13.82 1.75$ 0.50$ $ 52.37
Part 1
Fee
Part 2
Fee
Part 3
Fee
Part 4
Fee
The proposed rates are maximum caps that cannot be exceeded without an additional Proposition 218 hearing and approval by the City Council.

MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 15 of 248 Conclusion
Current and proposed rates effective on or about August 1, 2024, and proposed five– year maximum rate caps for commercial and residential refuse services are contained in Table 2, attached as Appendix 1 and, maximum rate caps for sewer services are presented in Table 5, above.

Proposed refuse and sewer rate caps:

1. Comply with Proposition 218 notification/hearing requirements.

2. Proposed year–to–year rate caps typically reflect a 10 percent CPI adjustment over the previous year.

It is anticipated that proposed maximum rate caps would avoid triggering Proposition 218 requirements during the proposed five–year schedule of maximum rates for refuse and sewer accounts.

To achieve full compliance with Proposition 218 notification and hearing requirements, notifications of the following were mailed to property owners 45 days prior to the public hearing. These notices, in English and Spanish, advised property owners of the following:

1. Date of public hearing before the City Council

2. Maximum proposed rate caps

3. Computation formula

4. Proposed refuse and sewer rates effective on or about August 1, 2024 FISCAL IMPACT: Increasing maximum rate caps for residential and commercial refuse service would allow the City to meet its contractual obligations with Burrtec to apply CPI– related increases and other cost–related components without triggering Proposition 218 hearings each time a rate adjustment is considered; provided total rate adjustments do not exceed respective, maximum Proposition 218 rate caps for the applicable year in which they are proposed to go into effect.

Increasing maximum rate caps for sewer services would allow the City to meet its obligation to IEUA for sewage processing and provide for sewer system maintenance and replacement without triggering Proposition 218 hearings each time a rate adjustment is considered; provided total rate adjustments do not exceed respective, maximum Proposition 218 rate caps for the applicable year in which they are proposed to go into effect.

RECOMMENDATION: Staff recommends the City Council adopt Resolution No. 24–3453 establishing a five–year schedule of maximum monthly rate caps for refuse and sewer services in compliance with Proposition 218.

MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 16 of 248 Resolution No. 24–3453 Page 1 of 2
RESOLUTION NO. 24–3453

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MONTCLAIR SETTING A PROPOSED FIVE–YEAR SCHEDULE

OF MONTHLY RESIDENTIAL AND COMMERCIAL MAXIMUM

MONTHLY RATE CAPS FOR REFUSE AND SEWER SERVICES

AND SETTING REFUSE AND SEWER RATES INITIALLY AT
THOSE PROPOSED TO BE EFFECTIVE AUGUST 1, 2024
WHEREAS, Article XIIID, Section 6(a) of the State Constitution (Proposition 218), passed by the voters of California on November 5, 1996, requires municipalities to give detailed written notice to the owners of parcels upon which proposed water–, refuse–, and/or sewer–related fees or charges are to be applied; and WHEREAS, on July 24, 2006, the California Supreme Court published its decision on Bighorn–Desert View Water Agency v. Beringson, addressing the property–related fee provisions of Proposition 218, and concluding that in relation to water–, refuse–, and sewer–related services where the rates for such services are set by a government agency, such charges are "property–related" fees subject to the public hearing requirements of Proposition 218; and
WHEREAS, Proposition 218 requires that a public hearing shall be conducted not less than 45 days after the mailing of such notice of a public hearing on property–related fee adjustments; and
WHERAS, if written protests against a proposed property–related fee or charge are presented by a majority of owners of the property owners and ratepayers, the fee adjustment shall not be implemented; and
WHEREAS, if a majority protest is not received from property owners and ratepayers, the proposed rate cap shall go into effect; and WHEREAS, Chapter 6.16 of the Montclair Municipal Code establishes a mandatory refuse collection program and a process for the collection of service fees related thereto and Chapter 9.20 of the Monclair Municipal Code provides for the design, construction, alteration, use, maintenance, and replacement of the City Sewer System and the collection of appropriate fees that provide for the maximum beneficial use of the City Sewer System, groundwater resources, effluent–receiving waterways, wastewater discharges, and improvements/maintenance of the sewer system; and WHEREAS, the City has reached its maximum authorization related to adjusting rates for residential refuse services, and future adjustment cannot be made without conducting a Proposition 218 protest hearing; and
WHEREAS, Burrtec Waste Industries, Inc., the City's solid waste hauler and the Inland Empire Uitility Agency, the City’s sewage processor, are requesting and are authorized annual rate adjustments pursuant to the terms of the existing franchise agreement and sewage processing agreements; and
WHEREAS, the City's General Fund now shares a significant responsibility for supporting the residential refuse programs and that without proposed Proposition 218 rate cap increases and the annual fee–related increases associated therewith, the fiscal viability of the residential refuse programs are jeopardized.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Montclair hereby establishes the maximum caps for residential refuse services below and that such caps for 2024 through 2028 represent a maximum limit, not an immediate rate adjustment, and that reaching the limit of the proposed caps is not expected to occur for approximately 5 years:

Service/Size/Pickup 2024 2025 2026 2027 2028
Household Rate $ 38.71 $ 42.58 $ 46.84 $ 51.52 $ 56.67
Bin 1.5/Frequency 1 $ 151.26 $ 166.39 $ 183.03 $ 201.33 $ 221.46 Residential
Effective July 1,
MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 17 of 248 Resolution No. 24–3453 Page 2 of 2
BE IT FURTHER RESOLVED that the City Council of the City of Montclair hereby establishes the maximum caps for commercial refuse services contained in Table 1, attached as Appendix 1 and that such caps for 2024 through 2028 represent a maximum limit, not an immediate rate adjustment, and that reaching the limit of the proposed caps is not expected to occur for approximately 5 years.

BE IT FURTHER RESOLVED that the City Council of the City of Montclair hereby establishes the maximum caps for residential and commercial sewer services below and that such caps for 2024 through 2028 represent a maximum limit, not an immediate rate adjustment, and that reaching the limit of the proposed caps is not expected to occur for approximately 5 years:
2024 2025 2026 2027 2028
IEUA Pass Through and
Maintenance $ 36.48 $ 39.90 $ 43.67 $ 47.81 $ 52.37
Sewage Processing and System Maintenance
Effective July 1,
BE IT FURTHER RESOLVED that such residential and commercial caps are subject to the Proposition 218 notification process which has been performed, as required. A public hearing was noticed for August 19, 2024 to provide property owners and ratepayers an opportunity to protest proposed maximum rate caps for residential refuse services in accordance with the requirements of Proposition 218.

BE IT FURTHER RESOLVED that such maximum caps are subject to majority written protest by property owners and ratepayers at a public hearing conducted pursuant to Proposition 218 and that a majority protest of property owners and ratepayers has not been received.

BE IT FURTHER RESOLVED that residential and commercial refuse rates shall be initially set as indicated under the 2024 column above and are effective August 1, 2024.

BE IT FINALLY RESOLVED that rate adjustments up to the proposed maximum rate caps for refuse services effective in 2025 through 2028 shall require City Council approval, either by Resolution or Ordinance, prior to implementation.

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. 24–3453 was duly adopted by the City Council of said city and was approved by the Mayor Pro Tem of said city at an adjourned regular meeting of said City Council held on the 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 – 08/19/2024 Page 18 of 248 Appendix 1
Service/Size/Pickup Current 2024 2025 2026 2027 2028
Household Rate $ 37.64 $ 38.71 $ 42.58 $ 46.84 $ 51.52 $ 56.67 Extra Barrel - Refuse $ 6.56 $ 6.79 $ 7.47 $ 8.22 $ 9.04 $ 9.94 Extra Barrel - Recycling $ 1.48 $ 1.53 $ 1.68 $ 1.85 $ 2.04 $ 2.24 Extra Barrel - Green Waste $ 4.17 $ 4.31 $ 4.74 $ 5.21 $ 5.73 $ 6.30 Extra Pick-Up - Res. Barrel $ 18.69 $ 18.69 $ 20.56 $ 22.62 $ 24.88 $ 27.37 Bin 1.5/Frequency 1 $ 148.59 $ 151.26 $ 166.39 $ 183.03 $ 201.33 $ 221.46 Bin 1.5 Recycling (Extra) $ 79.41 $ 85.29 $ 93.82 $ 103.20 $ 113.52 $ 124.87 Barrel - 35 Gal/Frequency 1 $ - $ 35.29 $ 38.82 $ 42.70 $ 46.97 $ 51.67 Barrel - 35 Gal/Frequency 2 $ - $ 57.74 $ 63.51 $ 69.86 $ 76.85 $ 84.54 Barrel - 35 Gal/Frequency 3 $ - $ 75.99 $ 83.59 $ 91.95 $ 101.15 $ 111.27 Barrel - 35 Gal/Frequency 4 $ - $ 94.60 $ 104.06 $ 114.47 $ 125.92 $ 138.51 Barrel - 35 Gal/Frequency 5 $ - $ 121.23 $ 133.35 $ 146.69 $ 161.36 $ 177.50 Barrel - 35 Gal/Frequency 6 $ - $ 131.26 $ 144.39 $ 158.83 $ 174.71 $ 192.18 Barrel - 65 Gal/Frequency 1 $ - $ 36.67 $ 40.34 $ 44.37 $ 48.81 $ 53.69 Barrel - 65 Gal/Frequency 2 $ - $ 60.37 $ 66.41 $ 73.05 $ 80.36 $ 88.40 Barrel - 65 Gal/Frequency 3 $ - $ 79.90 $ 87.89 $ 96.68 $ 106.35 $ 116.99 Barrel - 65 Gal/Frequency 4 $ - $ 99.79 $ 109.77 $ 120.75 $ 132.83 $ 146.11 Barrel - 65 Gal/Frequency 5 $ - $ 127.69 $ 140.46 $ 154.51 $ 169.96 $ 186.96 Barrel - 65 Gal/Frequency 6 $ - $ 139.00 $ 152.90 $ 168.19 $ 185.01 $ 203.51 Barrel - 95 Gal/Frequency 1 $ - $ 38.04 $ 41.84 $ 46.02 $ 50.62 $ 55.68 Barrel - 95 Gal/Frequency 2 $ - $ 63.01 $ 69.31 $ 76.24 $ 83.86 $ 92.25 Barrel - 95 Gal/Frequency 3 $ - $ 83.81 $ 92.19 $ 101.41 $ 111.55 $ 122.71 Barrel - 95 Gal/Frequency 4 $ - $ 104.97 $ 115.47 $ 127.02 $ 139.72 $ 153.69 Barrel - 95 Gal/Frequency 5 $ - $ 134.14 $ 147.55 $ 162.31 $ 178.54 $ 196.39 Barrel - 95 Gal/Frequency 6 $ - $ 146.73 $ 161.40 $ 177.54 $ 195.29 $ 214.82 Service/Size/Pickup Current 2024 2025 2026 2027 2028
Barrel $ 41.60 $ 40.75 $ 44.83 $ 49.31 $ 54.24 $ 59.66
Bin 1.5/Frequency 1 $ 161.99 $ 163.84 $ 180.22 $ 198.24 $ 218.06 $ 239.87 Bin 1.5/Frequency 2 $ 307.22 $ 311.09 $ 342.20 $ 376.42 $ 414.06 $ 455.47 Bin 1.5/Frequency 3 $ 452.16 $ 458.93 $ 504.82 $ 555.30 $ 610.83 $ 671.91 Bin 2.0/Frequency 1 $ 192.40 $ 195.66 $ 215.23 $ 236.75 $ 260.43 $ 286.47 Bin 2.0/Frequency 2 $ 358.38 $ 367.59 $ 404.35 $ 444.79 $ 489.27 $ 538.20 Bin 2.0/Frequency 3 $ 525.08 $ 540.01 $ 594.01 $ 653.41 $ 718.75 $ 790.63 Bin 3.0/Frequency 1 $ 275.00 $ 280.40 $ 308.44 $ 339.28 $ 373.21 $ 410.53 Bin 3.0/Frequency 2 $ 484.08 $ 502.07 $ 552.28 $ 607.51 $ 668.26 $ 735.09 Bin 3.0/Frequency 3 $ 694.12 $ 723.24 $ 795.56 $ 875.12 $ 962.63 $ 1,058.89 Bin 3.0/Frequency 4 $ 903.77 $ 944.34 $ 1,038.77 $ 1,142.65 $ 1,256.92 $ 1,382.61 Bin 3.0/Frequency 5 $ 1,113.77 $ 1,165.48 $ 1,282.03 $ 1,410.23 $ 1,551.25 $ 1,706.38 Bin 3.0/Frequency 6 $ 1,323.78 $ 1,387.17 $ 1,525.89 $ 1,678.48 $ 1,846.33 $ 2,030.96 Effective July 1,
Residential Mixed Organics - Stand Alone Rates
Commercial
Table 2
Maximum Proposed Monthly Refuse Rates
Residential
Effective July 1,
Multifamily Commercial:

MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 19 of 248 Appendix 1
Service/Size/Pickup Current 2024 2025 2026 2027 2028
Barrel - 35 Gal/Frequency 1 $ - $ 35.29 $ 38.82 $ 42.70 $ 46.97 $ 51.67 Barrel - 35 Gal/Frequency 2 $ - $ 57.74 $ 63.51 $ 69.86 $ 76.85 $ 84.54 Barrel - 35 Gal/Frequency 3 $ - $ 75.99 $ 83.59 $ 91.95 $ 101.15 $ 111.27 Barrel - 35 Gal/Frequency 4 $ - $ 94.60 $ 104.06 $ 114.47 $ 125.92 $ 138.51 Barrel - 35 Gal/Frequency 5 $ - $ 121.23 $ 133.35 $ 146.69 $ 161.36 $ 177.50 Barrel - 35 Gal/Frequency 6 $ - $ 131.26 $ 144.39 $ 158.83 $ 174.71 $ 192.18 Barrel - 65 Gal/Frequency 1 $ - $ 36.67 $ 40.34 $ 44.37 $ 48.81 $ 53.69 Barrel - 65 Gal/Frequency 2 $ - $ 60.37 $ 66.41 $ 73.05 $ 80.36 $ 88.40 Barrel - 65 Gal/Frequency 3 $ - $ 79.90 $ 87.89 $ 96.68 $ 106.35 $ 116.99 Barrel - 65 Gal/Frequency 4 $ - $ 99.79 $ 109.77 $ 120.75 $ 132.83 $ 146.11 Barrel - 65 Gal/Frequency 5 $ - $ 127.69 $ 140.46 $ 154.51 $ 169.96 $ 186.96 Barrel - 65 Gal/Frequency 6 $ - $ 139.00 $ 152.90 $ 168.19 $ 185.01 $ 203.51 Barrel - 95 Gal/Frequency 1 $ - $ 38.04 $ 41.84 $ 46.02 $ 50.62 $ 55.68 Barrel - 95 Gal/Frequency 2 $ - $ 63.01 $ 69.31 $ 76.24 $ 83.86 $ 92.25 Barrel - 95 Gal/Frequency 3 $ - $ 83.81 $ 92.19 $ 101.41 $ 111.55 $ 122.71 Barrel - 95 Gal/Frequency 4 $ - $ 104.97 $ 115.47 $ 127.02 $ 139.72 $ 153.69 Barrel - 95 Gal/Frequency 5 $ - $ 134.14 $ 147.55 $ 162.31 $ 178.54 $ 196.39 Barrel - 95 Gal/Frequency 6 $ - $ 146.73 $ 161.40 $ 177.54 $ 195.29 $ 214.82 Barrel - 95 Gal/Frequency 1 $ 43.64 $ 48.80 $ 53.68 $ 59.05 $ 64.96 $ 71.46 Barrel - 95 Gal/Frequency 2 $ 74.39 $ 85.75 $ 94.33 $ 103.76 $ 114.14 $ 125.55 Barrel - 95 Gal/Frequency 3 $ 105.51 $ 122.74 $ 135.01 $ 148.51 $ 163.36 $ 179.70 Barrel - 95 Gal/Frequency 4 $ 136.61 $ 159.71 $ 175.68 $ 193.25 $ 212.58 $ 233.84 Barrel - 95 Gal/Frequency 5 $ 167.69 $ 196.67 $ 216.34 $ 237.97 $ 261.77 $ 287.95 Barrel - 95 Gal/Frequency 6 $ 198.79 $ 233.65 $ 257.02 $ 282.72 $ 310.99 $ 342.09 Bin 1.5/Frequency 1 $ 155.09 $ 159.96 $ 175.96 $ 193.56 $ 212.92 $ 234.21 Bin 1.5/Frequency 2 $ 292.09 $ 302.46 $ 332.71 $ 365.98 $ 402.58 $ 442.84 Bin 1.5/Frequency 3 $ 432.06 $ 447.82 $ 492.60 $ 541.86 $ 596.05 $ 655.66 Bin 1.5/Frequency 4 $ 555.16 $ 580.95 $ 639.05 $ 702.96 $ 773.26 $ 850.59 Bin 1.5/Frequency 5 $ 680.82 $ 713.49 $ 784.84 $ 863.32 $ 949.65 $ 1,044.62 Bin 1.5/Frequency 6 $ 806.61 $ 846.08 $ 930.69 $ 1,023.76 $ 1,126.14 $ 1,238.75 Bin 2.0/Frequency 1 $ 183.34 $ 190.69 $ 209.76 $ 230.74 $ 253.81 $ 279.19 Bin 2.0/Frequency 2 $ 342.43 $ 358.14 $ 393.95 $ 433.35 $ 476.69 $ 524.36 Bin 2.0/Frequency 3 $ 501.08 $ 525.59 $ 578.15 $ 635.97 $ 699.57 $ 769.53 Bin 2.0/Frequency 4 $ 645.68 $ 683.04 $ 751.34 $ 826.47 $ 909.12 $ 1,000.03 Bin 2.0/Frequency 5 $ 793.87 $ 840.98 $ 925.08 $ 1,017.59 $ 1,119.35 $ 1,231.29 Bin 2.0/Frequency 6 $ 942.10 $ 998.99 $ 1,098.89 $ 1,208.78 $ 1,329.66 $ 1,462.63 Bin 3.0/Frequency 1 $ 261.78 $ 273.18 $ 300.50 $ 330.55 $ 363.61 $ 399.97 Bin 3.0/Frequency 2 $ 460.08 $ 487.65 $ 536.42 $ 590.06 $ 649.07 $ 713.98 Bin 3.0/Frequency 3 $ 657.78 $ 701.57 $ 771.73 $ 848.90 $ 933.79 $ 1,027.17 Bin 3.0/Frequency 4 $ 855.65 $ 915.51 $ 1,007.06 $ 1,107.77 $ 1,218.55 $ 1,340.41 Bin 3.0/Frequency 5 $ 1,053.44 $ 1,129.39 $ 1,242.33 $ 1,366.56 $ 1,503.22 $ 1,653.54 Bin 3.0/Frequency 6 $ 1,251.69 $ 1,343.93 $ 1,478.32 $ 1,626.15 $ 1,788.77 $ 1,967.65 Effective July 1,
Table 2 (Continued)
Maximum Proposed Monthly Refuse Rates
Commercial
Multi-Family Mixed Organics - Stand Alone Rates
Commercial with Recycling:

MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 20 of 248 Appendix 1
Service/Size/Pickup Current 2024 2025 2026 2027 2028
Barrel - 95 Gal/Frequency 1 $ 44.28 $ 46.79 $ 51.47 $ 56.62 $ 62.28 $ 68.51 Barrel - 95 Gal/Frequency 2 $ 75.40 $ 79.91 $ 87.90 $ 96.69 $ 106.36 $ 117.00 Barrel - 95 Gal/Frequency 3 $ 103.03 $ 109.46 $ 120.41 $ 132.45 $ 145.70 $ 160.27 Barrel - 95 Gal/Frequency 4 $ 130.45 $ 138.76 $ 152.64 $ 167.90 $ 184.69 $ 203.16 Barrel - 95 Gal/Frequency 5 $ 166.17 $ 176.69 $ 194.36 $ 213.80 $ 235.18 $ 258.70 Barrel - 95 Gal/Frequency 6 $ 185.84 $ 198.03 $ 217.83 $ 239.61 $ 263.57 $ 289.93 Bin 3.0/Frequency 1 $ 212.02 $ 210.94 $ 232.03 $ 255.23 $ 280.75 $ 308.83 Bin 3.0/Frequency 2 $ 362.64 $ 362.61 $ 398.87 $ 438.76 $ 482.64 $ 530.90 Bin 3.0/Frequency 3 $ 513.32 $ 514.34 $ 565.77 $ 622.35 $ 684.59 $ 753.05 Bin 3.0/Frequency 4 $ 663.91 $ 666.00 $ 732.60 $ 805.86 $ 886.45 $ 975.10 Bin 3.0/Frequency 5 $ 814.58 $ 817.68 $ 899.45 $ 989.40 $ 1,088.34 $ 1,197.17 Bin 3.0/Frequency 6 $ 965.20 $ 969.38 $ 1,066.32 $ 1,172.95 $ 1,290.25 $ 1,419.28 Bin 3.0/Frequency 1 $ 301.38 $ 345.62 $ 380.18 $ 418.20 $ 460.02 $ 506.02 Bin 3.0/Frequency 2 $ 541.95 $ 632.50 $ 695.75 $ 765.33 $ 841.86 $ 926.05 Bin 3.0/Frequency 3 $ 781.98 $ 918.99 $ 1,010.89 $ 1,111.98 $ 1,223.18 $ 1,345.50 Bin 3.0/Frequency 4 $ 1,021.88 $ 1,205.19 $ 1,325.71 $ 1,458.28 $ 1,604.11 $ 1,764.52 Bin 3.0/Frequency 5 $ 1,261.88 $ 1,491.56 $ 1,640.72 $ 1,804.79 $ 1,985.27 $ 2,183.80 Bin 3.0/Frequency 6 $ 1,502.46 $ 1,778.46 $ 1,956.31 $ 2,151.94 $ 2,367.13 $ 2,603.84 Bin 4.0/Frequency 3 $ 1,038.08 $ 1,220.82 $ 1,342.90 $ 1,477.19 $ 1,624.91 $ 1,787.40 Barrel - 65 Gal/Frequency 1 $ - $ 35.90 $ 39.49 $ 43.44 $ 47.78 $ 52.56 Bin 1.5/Frequency 1 $ 92.46 $ 97.87 $ 107.66 $ 118.43 $ 130.27 $ 143.30 Bin 1.5/Frequency 2 $ 169.36 $ 179.76 $ 197.74 $ 217.51 $ 239.26 $ 263.19 Bin 1.5/Frequency 3 $ 245.24 $ 261.63 $ 287.79 $ 316.57 $ 348.23 $ 383.05 Bin 2.0/Frequency 1 $ 100.39 $ 107.75 $ 118.53 $ 130.38 $ 143.42 $ 157.76 Bin 2.0/Frequency 2 $ 176.15 $ 192.27 $ 211.50 $ 232.65 $ 255.92 $ 281.51 Bin 2.0/Frequency 3 $ 252.45 $ 276.78 $ 304.46 $ 334.91 $ 368.40 $ 405.24 Bin 3.0/Frequency 1 $ 137.55 $ 149.04 $ 163.94 $ 180.33 $ 198.36 $ 218.20 Bin 3.0/Frequency 2 $ 213.14 $ 238.84 $ 262.72 $ 288.99 $ 317.89 $ 349.68 Bin 3.0/Frequency 3 $ 289.36 $ 328.66 $ 361.53 $ 397.68 $ 437.45 $ 481.20 Bin 3.0/Frequency 4 $ 364.94 $ 418.43 $ 460.27 $ 506.30 $ 556.93 $ 612.62 Bin 3.0/Frequency 5 $ 441.09 $ 508.21 $ 559.03 $ 614.93 $ 676.42 $ 744.06 Bin 3.0/Frequency 6 $ 516.72 $ 598.02 $ 657.82 $ 723.60 $ 795.96 $ 875.56 Barrel - 35 Gal/Frequency 1 $ 53.21 $ 56.71 $ 62.38 $ 68.62 $ 75.48 $ 83.03 Barrel - 35 Gal/Frequency 2 $ 93.98 $ 100.56 $ 110.62 $ 121.68 $ 133.85 $ 147.24 Barrel - 35 Gal/Frequency 3 $ 130.72 $ 140.23 $ 154.25 $ 169.68 $ 186.65 $ 205.32 Barrel - 35 Gal/Frequency 4 $ 167.80 $ 180.24 $ 198.26 $ 218.09 $ 239.90 $ 263.89 Barrel - 35 Gal/Frequency 5 $ 212.63 $ 228.29 $ 251.12 $ 276.23 $ 303.85 $ 334.24 Barrel - 35 Gal/Frequency 6 $ 241.43 $ 259.72 $ 285.69 $ 314.26 $ 345.69 $ 380.26 Barrel - 65 Gal/Frequency 1 $ 78.69 $ 76.43 $ 84.07 $ 92.48 $ 101.73 $ 111.90 Table 2 (Continued)
Maximum Proposed Monthly Refuse Rates
Commercial
Effective July 1,
Commercial Greenwaste:

Commercial Compacted:

Commercial Recycling (Extra):

Commercial Food Waste
MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 21 of 248 Appendix 1
Service/Size/Pickup Current 2024 2025 2026 2027 2028
Barrel - 65 Gal/Frequency 2 $ 143.98 $ 139.89 $ 153.88 $ 169.27 $ 186.20 $ 204.82 Barrel - 65 Gal/Frequency 3 $ 204.94 $ 199.19 $ 219.11 $ 241.02 $ 265.12 $ 291.63 Barrel - 65 Gal/Frequency 4 $ 266.24 $ 258.84 $ 284.72 $ 313.19 $ 344.51 $ 378.96 Barrel - 65 Gal/Frequency 5 $ 335.87 $ 326.50 $ 359.15 $ 395.07 $ 434.58 $ 478.04 Barrel - 65 Gal/Frequency 6 $ 388.36 $ 377.57 $ 415.33 $ 456.86 $ 502.55 $ 552.81 Bin 2.0/Frequency 1 $ 285.47 $ 273.26 $ 300.59 $ 330.65 $ 363.72 $ 400.09 Bin 2.0/Frequency 2 $ 520.16 $ 497.37 $ 547.11 $ 601.82 $ 662.00 $ 728.20 Bin 2.0/Frequency 3 $ 738.48 $ 705.65 $ 776.22 $ 853.84 $ 939.22 $ 1,033.14 Bin 2.0/Frequency 4 $ 958.32 $ 915.39 $ 1,006.93 $ 1,107.62 $ 1,218.38 $ 1,340.22 Bin 2.0/Frequency 5 $ 1,209.44 $ 1,155.40 $ 1,270.94 $ 1,398.03 $ 1,537.83 $ 1,691.61 Bin 2.0/Frequency 6 $ 1,395.61 $ 1,332.53 $ 1,465.78 $ 1,612.36 $ 1,773.60 $ 1,950.96 6 Tons - 40 CY $ 494.88 $ 535.13 $ 588.64 $ 647.50 $ 712.25 $ 783.48 8 Tons - 10/20/40 CY $ 590.11 $ 646.61 $ 711.27 $ 782.40 $ 860.64 $ 946.70 6 Tons - 40 CY $ 522.64 $ 561.91 $ 618.10 $ 679.91 $ 747.90 $ 822.69 8 Tons - 10/20/40 CY $ 627.10 $ 682.33 $ 750.56 $ 825.62 $ 908.18 $ 999.00 6 Tons - 40 CY $ 197.84 $ 195.01 $ 214.51 $ 235.96 $ 259.56 $ 285.52 8 Tons - 10/20/40 CY $ 197.84 $ 195.01 $ 214.51 $ 235.96 $ 259.56 $ 285.52 Extra Pickup - Commercial Barrel $ 31.10 $ 31.10 $ 34.21 $ 37.63 $ 41.39 $ 45.53 Extra Pickup - Commercial Bin $ 51.85 $ 51.85 $ 57.04 $ 62.74 $ 69.01 $ 75.91 Extra Pickup - MultiFamily Bin $ 54.67 $ 54.67 $ 60.14 $ 66.15 $ 72.77 $ 80.05 Extra Pickup - Compact Bin $ 124.65 $ 124.65 $ 137.12 $ 150.83 $ 165.91 $ 182.50 Extra Pickup - Green Waste Bin $ 84.46 $ 84.46 $ 92.91 $ 102.20 $ 112.42 $ 123.66 Extra Pickup - Food Waste Barrel $ 29.09 $ 29.08 $ 31.99 $ 35.19 $ 38.71 $ 42.58 Extra Pickup - Food Waste Bin $ 107.48 $ 107.48 $ 118.23 $ 130.05 $ 143.06 $ 157.37 Locking Container $ 7.87 $ 7.87 $ 8.66 $ 9.53 $ 10.48 $ 11.53 Steam Cleaning (Compactors) $ 107.36 $ 107.36 $ 118.10 $ 129.91 $ 142.90 $ 157.19 Bulky Item Trip Fee $ 50.09 $ 50.09 $ 55.10 $ 60.61 $ 66.67 $ 73.34 Bulky Item Fee (each item) $ 14.30 $ 14.30 $ 15.73 $ 17.30 $ 19.03 $ 20.93 Relocation Fee (Roll-Off) $ 107.36 $ 107.36 $ 118.10 $ 129.91 $ 142.90 $ 157.19 Tilthopper $ 31.10 $ 31.10 $ 34.21 $ 37.63 $ 41.39 $ 45.53 Liner Roll Off $ 137.74 $ 142.52 $ 156.77 $ 172.45 $ 189.70 $ 208.67 Rental Fee (per day) $ 28.89 $ 28.89 $ 31.78 $ 34.96 $ 38.46 $ 42.31 Scout Service $ 52.88 $ 52.88 $ 58.17 $ 63.99 $ 70.39 $ 77.43 Contamination Fee $ - $ 60.90 $ 66.99 $ 73.69 $ 81.06 $ 89.17 Maximum Proposed Monthly Refuse Rates
Table 2 (Continued)
Commercial Extra Services:

Commercial
Effective July 1,
Commercial Food Waste (Continued)
Commercial Permanent Roll-Off:

Commercial Temporary Roll-Off:

Commercial Recycling Roll-Off:

MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 22 of 248

CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 19, 2024
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 1
FILE I.D.: FIN520
DEPT.: FINANCE
PREPARER: J. KULBECK
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The City Council is requested to consider receiving and filing the City of Montclair Treasurer's Report for the month ending July 31, 2024.

BACKGROUND: Included in the City Council’s agenda packet is a copy of the Treasurer's Report for the period ending July 31, 2024.

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

RECOMMENDATION: Staff recommends the City Council receive and file the Treasurer's Report for the month ending July 31, 2024.

MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 23 of 248

CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 19, 2024
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 2
FILE I.D.: FIN540
DEPT.: FINANCE
PREPARER: A. VONG/V. FLORES
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTER AND PAYROLL DOCUMENTATION REASON FOR CONSIDERATION: The City Council is requested to consider approval of the Warrant Register and Payroll Documentation.

BACKGROUND: Mayor Pro Tem Johnson has examined the Warrant Register dated August 5, 2024; the Warrant Register dated August 19, 2024; the Payroll Documentation dated July 14, 2024; and the Payroll Documentation dated July 28, 2024; the Payroll Documentation dated August 11, 2024, and recommends their approval.

FISCAL IMPACT: The Warrant Register dated August 5, 2024, totals $4,905,396.87.

The Warrant Register dated August 19, 2024, totals $2,029,913.86.

The Payroll Documentation dated July 14, 2024, totals $876,700.30 gross, with $615,918.17 net being the total cash disbursement.

The Payroll Documentation dated July 28, 2024, totals $926,825.68 gross, with $649,806.47 net being the total cash disbursement.

The Payroll Documentation dated August 11, 2024, totals $916,513.34 gross, with $643,519.25 net being the total cash disbursement.

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

MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 24 of 248

CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 19, 2024
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 3
FILE I.D.: FIN510
DEPT.: SA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The City Council acting as Successor to the Redevelopment Agency Board of Directors (Successor Agency Board) is requested to consider receiving and filing the Successor to the Redevelopment Agency Treasurer's Report for the month ending July 31, 2024, pursuant to state law.

BACKGROUND: Included in the Successor Agency Board’s agenda packet is a copy of the Successor to the Redevelopment Agency Treasurer's Report for the period ending July 31, 2024.

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

RECOMMENDATION: Staff recommends the Successor Agency Board receive and file the Successor to the Redevelopment Agency Treasurer's Report for the month ending July 31, 2024.

MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 25 of 248

CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 19, 2024
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 4
FILE I.D.: FIN530
DEPT.: SA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTER
REASON FOR CONSIDERATION: The City Council acting as Successor to the Redevelopment Agency Board of Directors is requested to consider receiving and filing the Successor to the Redevelopment Agency Warrant Register for the month ending July 31, 2024, pursuant to state law.

BACKGROUND: Vice Chair Johnson has examined the Successor to the Redevelopment Agency Warrant Register dated 07.01.24-07.31.24 in the amounts of $5,313.92 for the Combined Operating Fund and $0.00 for the Redevelopment Obligation Retirement Funds, and finds it to be in order.

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

RECOMMENDATION: Vice Chair Johnson recommends the City Council as Successor to the Redevelopment Agency Board of Directors approve the Successor to the Redevelopment Agency Warrant Register for the period ending July 31, 2024.

MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 26 of 248

CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 19, 2024
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 5
FILE I.D.: FIN525
DEPT.: MHC
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The Montclair Housing Corporation Board of Directors is requested to receive and file the Montclair Housing Corporation Treasurer's Report for the month ending July 31, 2024, pursuant to state law.

BACKGROUND: Included in the Montclair Housing Corporation Board agenda packet is a copy of the Treasurer's Report for the period ending July 31, 2024.

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

RECOMMENDATION: Staff recommends the Montclair Housing Corporation Board of Directors receive and file the Treasurer's Report for the month ending July 31, 2024.

MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 27 of 248

CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 19, 2024
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 6
FILE I.D.: FIN545
DEPT.: MHC
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTER
REASON FOR CONSIDERATION: The Montclair Housing Corporation Board of Directors is requested to consider receiving and filing the Warrant Register for the month ending July 31, 2024, pursuant to state law.

BACKGROUND: Vice Chair Johnson has examined the Warrant Register dated 07.01.24–

07.31.24 in the amount of $32,122.29 for the Montclair Housing Corporation and finds it to be in order.

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

RECOMMENDATION: Vice Chair Johnson recommends the Montclair Housing Corporation Board of Directors approve the Warrant Register for the period ending July 31, 2024.

MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 28 of 248

CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 19, 2024
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 7
FILE I.D.: FIN525
DEPT.: MHA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The Montclair Housing Authority Commission is requested to receive and file the Montclair Housing Authority Treasurer's Report for the month ending July 31, 2024, pursuant to state law.

BACKGROUND: Included in the Montclair Housing Authority Commission’s agenda packet is a copy of the Treasurer's Report for the period ending July 31, 2024.

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

RECOMMENDATION: Staff recommends the Montclair Housing Authority Commission receive and file the Treasurer's Report for the month ending July 31, 2024.

MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 29 of 248

CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 19, 2024
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 8
FILE I.D.: FIN545
DEPT.: MHA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTER
REASON FOR CONSIDERATION: The Montclair Housing Authority Commission is requested to consider receiving and filing the Warrant Register for the month ending July 31, 2024, pursuant to state law.

BACKGROUND: Vice Chair Johnson has examined the Warrant Register dated 07.01.24–

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

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

RECOMMENDATION: Vice Chair Johnson recommends the Montclair Housing Authority Commission approve the Warrant Register for the period ending July 31, 2024.

MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 30 of 248

CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 19, 2024
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 9
FILE I.D.: LCC050
DEPT.: ADMIN. SVCS.

PREPARER: K. ROMAN
SUBJECT: CONSIDER DESIGNATING MAYOR DUTREY AS VOTING DELEGATE FOR THE ANNUAL

BUSINESS MEETING OF THE GENERAL ASSEMBLY AT THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE ON OCTOBER 18, 2024
REASON FOR CONSIDERATION: The City of Montclair is a member of the League of California Cities. Policy development is a key part of the League of California Cities’ legislative effectiveness. The League’s Annual Conference Resolutions process is one way that city officials can directly participate in the development of League policy.

It is necessary that the City Council designate a voting delegate and up to two alternates to attend the League of California Cities Annual Conference so that the City of Montclair can participate in the vote on League policies.

BACKGROUND: The League’s 2024 Annual Conference is scheduled for October 16–18, 2024, in Long Beach, California. An important part of the event is the General Assembly’s Annual Business Meeting scheduled for 8:30 a.m. on Friday, October 18, 2024.

Participating cities will be given a vote at the Annual Business Meeting of the General Assembly if a voting delegate is determined in advance. Cities are eligible to appoint up to two alternate voting delegates. The City Council had previously appointed Council Member Ruh as the delegate and Council Member Martinez as the alternative; however, Council Member Ruh and Council Member Martinez are not available to attend this year’s conference. Mayor Dutrey will be attending this year’s conference.

FISCAL IMPACT: The City Council's designation of a voting delegate to vote at the Annual Business Meeting at League of California Cities Annual Conference would create no fiscal impact to the City's General Fund. Funds have been allocated in the FY 2025– 26 budget for two Council representatives to attend the conference.

RECOMMENDATION: Staff recommends the City Council designate Mayor Dutrey as voting delegate for the Annual Business Meeting of the General Assembly at the League of California Cities Annual Conference on October 18, 2024 MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 31 of 248

CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 19, 2024
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 10
FILE I.D.: EQS215
DEPT.: FIRE
PREPARER: R. DIERCK
SUBJECT: CONSIDER AUTHORIZING A $246,137.55 APPROPRIATION FROM THE EQUIPMENT REPLACEMENT FUND FOR THE PURCHASE OF A 2024 FORD F–450 MEDIC SQUAD

FROM FIRE APPARATUS SOLUTIONS FOR THE FIRE DEPARTMENT
REASON FOR CONSIDERATION: The City Council is requested to consider authorizing the purchase of a 2024 Ford F–450 Medic Squad from the vendor Fire Apparatus Solutions. The Medic Squad currently owned by the Montclair Fire Department is 21 years old and in need of replacement. Fire Apparatus Solutions has been selected as the appropriate vendor due to its custom–built squads, meeting the specific needs and demands of Montclair Fire Department. The purchase of a new Ford F–450 Medic Squad would enhance vehicle reliability, provide improved levels of service delivery, and support services on emergency incidents to the residents and businesses of Montclair.

BACKGROUND: The Medic Squad primarily functions as a medical service vehicle staffed by two functioning Firefighter Paramedics. In Fiscal Year 2023–24 it was decided to move forward with reactivating the Medic Squad after years of not being in service due to fiscal constraints. The currently–approved North Montclair Downtown Specific Plan is anticipated to bring a significant increase in local population to the City, as well as an influx of outside visitors during the daytime, weekends, and other peak hours of activity.

This anticipated population growth will bring an increase in emergency call volume.

Furthermore, a Medic Squad provides critical support functions on various types of emergencies including fires, rescues, public assists, and many other types of responses.

Having additional available personnel on scene of an emergency allows for greater effectiveness on manpower–intensive responses. Additional personnel and available equipment improves firefighter safety and makes a substantial impact on call outcome, greatly improving the chances of a citizen rescue or life–saving intervention.

Fire Apparatus Solutions currently provides Medic Squads throughout the Southern California region including San Bernardino County Fire Department. The current San Bernardino County Fire Medic Squad specification is built off a Ford platform matching other vehicles found within the Montclair Fire Department fleet. This allows replacement parts to be easily sourced and maintained and allows for any warranty issues to be remedied locally as Fire Apparatus Solutions provides service through their maintenance shop in Rialto, California. Furthermore, the crew–cab body style along with the designed cabinet configuration matches the specific needs of the Montclair Fire Department by offering adequate space and layout for personnel along with its currently held equipment inventory. Lastly, the vehicle features the appropriate type engine, which is best suited for the City’s short distance responses and meets the desires and needs of the City’s Fleet Department.

MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 32 of 248 FISCAL IMPACT: The purchase of a new replacement Medic Squad for Fire Department operation was approved in the City of Montclair’s Fiscal Year 2024–25 budget at the quoted cost of $245,845. However, the quote saw a $292.55 increase above the previously–approved budgeted amount. This increase came directly from the vendor’s increased cost of production, since the original quote was obtained several months prior to budget approval.

If authorized by the City Council, funding for the purchase of a 2024 Ford F–450 Medic Squad from Fire Apparatus Solutions would result in an expenditure of $246,137.55 from the Equipment Replacement Fund (Fund 1750).

RECOMMENDATION: Staff recommends the City Council authorize a $246,137.55 appropriation from the Equipment Replacement Fund for the purchase of a 2024 Ford F–450 Medic Squad from Fire Apparatus Solutions for the Fire Department.

MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 33 of 248

CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 19, 2024
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 11
FILE I.D.: VEH450/EQS230
DEPT.: PUBLIC WORKS
PREPARER: M. PARADIS
SUBJECT: CONSIDER AUTHORIZING A $47,565.75 APPROPRIATION FROM THE EQUIPMENT REPLACEMENT FUND FOR THE PURCHASE OF A 2024 CHEVROLET SILVERADO 2500 PICKUP TRUCK FROM MARK CHRISTOPHER CHEVROLET, AND $9,851.25 FOR THE INSTALLATION OF SAFETY LIGHTS, STROBES, AND A CROSS–BODY TOOL BOX FOR

THE VEHICLE
CONSIDER DECLARING A 2000 CHEVROLET 2500 BI–FUEL PICKUP TRUCK (UNIT 220)

AS SURPLUS AND AVAILABLE FOR SALE AT AUCTION
REASON FOR CONSIDERATION: The City Council is requested to consider authorizing the purchase of a 2024 Chevrolet Silverado 2500 pickup truck and related equipment to replace Unit 220, in accordance with the City’s Purchasing Manual.

BACKGROUND: The City currently owns a 2000 Chevrolet 2500 bi–fuel pickup truck (Unit 220) as listed below. Unit 220 has an intermittent computer fault on the compressed natural gas (CNG) system that cannot be diagnosed and repaired. The CNG system fault will not allow the vehicle to pass a smog test. Unit 220 has electrical system issues and high mileage that does not make the vehicle feasible to repair.

Make/Model VIN License Mileage Est. Value
Chevrolet 2500 1GCGC24RXYF504221 1079052 80,000 $1,500
Staff obtained quotes for comparable vehicles from local dealerships as shown below:

Company Vehicle Quote
Fritts Ford 2024 Ford F–250 $50,310.00
Mark Christopher Chevrolet 2024 Chevrolet 2500 $47,565.75 Colley Ford 2024 Ford F–250 Silverado No Response
The Public Works Operations Assistant Manager and the Equipment Maintenance Manager determined that the quote from Mark Christopher Chevrolet is the best value for the City. The new Chevrolet Silverado 2500 pickup truck will require the installation of safety lights and strobes for better visibility and safety, and a truck mounted cross– bed toolbox. The cost to install the additional equipment is $9,851.25. The total cost of the vehicle plus the equipment is $57,417. The new Chevrolet Silverado 2500 truck would replace Unit 220.

FISCAL IMPACT: Funds from the Equipment Replacement Fund in the amount of $57,417 were allocated for a 2024 Ford Super Duty F–250 truck in the Fiscal Year 2024– 25 Budget, and will instead be used toward the purchase of the 2024 Chevrolet Silverado 2500 truck and accessories.

MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 34 of 248 RECOMMENDATION: Staff recommends that the City Council take the following actions:

1. Authorize a $47,565.75 appropriation from the Equipment Replacement Fund for the purchase a 2024 Chevrolet Silverado 2500 Pickup Truck from Mark Christopher Chevrolet, and $9,851.25 for the installation of safety lights, strobes, and a cross–body tool box for the vehicle.

2. Declare a 2000 Chevrolet 2500 bi–fuel pickup truck (Unit 220) as surplus and available for sale at auction.

MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 35 of 248 MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 36 of 248

CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 19, 2024
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 12
FILE I.D.: VEH450/EQS210
DEPT.: COMMUNITY DEV.

PREPARER: M. DIAZ
SUBJECT: CONSIDER AUTHORIZING A $37,606.78 APPROPRIATION FROM THE EQUIPMENT REPLACEMENT FUND FOR THE PURCHASE OF A 2024 CHEVROLET COLORADO

PICKUP TRUCK FROM ROTOLO CHEVROLET FOR THE CODE ENFORCEMENT DIVISION REASON FOR CONSIDERATION: The City Council is requested to consider authorizing the purchase of a 2024 Chevrolet Colorado pickup truck for the Code Enforcement Division within the Department of Community Development.

BACKGROUND: Staff is requesting approval to purchase one 2024 Chevrolet Colorado work truck for use by the Code Enforcement (CE) Division. The new truck would be the second pickup truck vehicle in the Division’s fleet of vehicles. The Division currently uses a 2002 Chevrolet Silverado 1500 work truck that will eventually need to be replaced due to its age, high mileage (131,407 miles), and usual wear and tear.

The new pickup truck will provide the CE Division the ability to complete a number of tasks, including the need for immediate removal of large or bulky items discarded or abandoned in the public right–of–way or on public property. The new pickup truck will also allow the Division to move tools, paint buckets, and in specific situations collect and move personal items belonging to unhoused individuals as required by law. Utilizing the CE Division’s passenger vehicles for these tasks has not been an efficient means for handling these tasks.

In accordance with City policy, staff obtained three quotes from different dealerships as noted below. The lowest bid obtained was from the Rotolo Chevrolet dealership, which is the recommended vendor for this purchase.

Bid Quotations: 2024 Chevrolet Colorado Pickup Truck
Vendor Cost Quote Added Equipment* Total
Rotolo Chevrolet $33,765.20 $3,841.58 $37,606.78
Mountain View Chevrolet $34,638.28 $3,841.58 $38,479.86 Tom Bell Chevrolet $34,769.86 $3,841.58 $38,611.44
*See Added Equipment Details Below
The quotes for added equipment are from two sole source vendors with specific expertise in outfitting the City’s vehicles. Using the same vendors for this task ensures consistency with equipment, procedures for part replacement, and service. When the added equipment is out of warranty on the Code Enforcement vehicles, the City’s vehicle maintenance staff will perform routine service and any necessary repairs.

MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 37 of 248 Added Equipment Details
Vendor/Equipment Cost (for one Vehicle)
Valley Truck Specialties
(Spray–in Bed Liner) $610.00
10–8 Retrofit Inc.
(Emergency Lighting)
$3,231.58
Total $3,841.58
FISCAL IMPACT: Funding for the purchase of the Chevrolet Colorado pickup truck would result in an expenditure of $37,606.78 from the Equipment Replacement Fund.

RECOMMENDATION: Staff recommends the City Council authorize a $37,606.78 appropriation from the Equipment Replacement Fund for the purchase of a 2024 Chevrolet Colorado pickup truck from Rotolo Chevrolet for the Code Enforcement Division.

MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 38 of 248

CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 19, 2024
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 13
FILE I.D.: VEH125
DEPT.: PUBLIC WORKS
PREPARER: M. HEREDIA
SUBJECT: CONSIDER DECLARING TWO NONCOMPLIANT VEHICLES AS SURPLUS AND

AVAILABLE FOR DONATION TO THE CITY OF HUATABAMPO, SONORA IN MEXICO REASON FOR CONSIDERATION: The City Council is requested to consider declaring City vehicles no longer compliant with the South Coast Air Quality Management District emission requirements as surplus and available for donation to the City of Huatabampo, Sonora in Mexico.

BACKGROUND: The following vehicles have reached the end of their service life and are no longer compliant with emission requirements by the South Coast Air Quality Management District. Additionally, these vehicles cannot be driven on any California roadway after January 1, 2023 and cannot be registered with the Department of Motor Vehicles.

Unit # Year/Model Serial/VIN # Mileage Est. Current
Value
308 PW 1993 GMC Lift Truck 1GDM7H1J3PJ503024 22,714 $ 5,500 311 PW 1997 GMC Asphalt Truck 1GDM7C1J8V519171 9,247 $ 4,500 Representatives from the City of Huatabampo will pick up and transport the trucks to their agency in Sonora. They will also obtain insurance to transport the equipment across the border into Mexico.

FISCAL IMPACT: Donating the listed items would have no fiscal impact.

RECOMMENDATION: Staff recommends the City Council declare two noncompliant vehicles as surplus and available for donation to the City of Huatabampo, Sonora in Mexico.

MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 39 of 248

CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 19, 2024
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 1
FILE I.D.: SEW080
DEPT.: COMMUNITY DEV.

PREPARER: S. GUTIERREZ
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 24–43–I–111, AN IRREVOCABLE ANNEXATION AGREEMENT WITH 2A LLC FOR A 2.42–ACRE SITE AT THE SOUTHWEST CORNER OF MISSION BOULEVARD AND BENSON AVENUE, ONTARIO, CA 91762 (APNS 1011–351–04 AND 1011–351–05) (CASE NO. 2024–27), SUBJECT TO ANY

REVISISON DEEMED NECESSARY BY THE CITY ATTORNEY
REASON FOR CONSIDERATION: A request has been submitted to permit the connection of a property located outside the City’s boundaries to the City’s sewer system, which requires an Irrevocable Annexation Agreement. These agreements are subject to review and approval by the City Council.

BACKGROUND: Proposed Irrevocable Annexation Agreement 24–43–I–111 would allow a connection to the sanitary sewer system owned and operated by the City of Montclair to serve a new residential development on a 2.42–acre site within the City’s Sphere of Influence. The zoning designation by the County of San Bernardino for the site is “Medium Density Residential” (MDR). On November 10, 2022, the County approved Tentative Tract Map No. 20348 and Minor Use Permit to allow the development of 31 residential condominiums, subject to having the project connected to a sanitary sewer system. The project is currently in plan check with the County.

The applicant is requesting approval to connect to the City–owned, eight–inch diameter sewer line present and available in Mission Boulevard adjacent to the subject property’s frontage, as shown in Exhibit A. The proposed sewer connection is consistent with the City’s policies and requirements. In exchange, the Irrevocable Annexation Agreement requires the property to be annexed to the City when feasible at a future date. If approved by the City Council, staff will forward Agreement No. 24–43–I–111 to the Local Agency Formation Commission (LAFCO) for review and approval. Following City Council and LAFCO approvals, the Agreement is recorded against the property and becomes binding on future owners, heirs, successors, or assigns. Staff recommends City Council approve the proposed Irrevocable Annexation Agreement to allow the requested City sewer connection for the new residential development.

FISCAL IMPACT: The proposed Irrevocable Annexation Agreement would pose no fiscal impact on the City’s General Fund at this time, but will have a positive impact when the property is connected to the sewer and begins to pay for sewer service.

RECOMMENDATION: Staff recommends the City Council approve Agreement No. 24– 43–I–111, an Irrevocable Annexation Agreement with 2A LLC, for a 2.42–acre site at the southwest corner of Mission Boulevard and Benson Avenue, Ontario, CA 91762 (APNs 1011–351–04 and 1011–351–05) (Case No. 2024–27), Subject to any Revisions Deemed Necessary by the City Attorney.

MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 40 of 248 e
N
W E
S
ENCOMPASS ASSOCIATES, INC.

MISSION BLVD. BENSON AVE.

EXHIBIT

ANNEXATION FOR SEWER SERVICE

CITY OF MONTCLAIR
TRACT 20348
MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 41 of 248 Recording Requested by:

Silvia Gutierrez
City of Montclair
When Recorded Mail To:

Silvia Gutiérrez
Senior Planner
City of Montclair
5111 Benito Street, P.O. Box 2308
Montclair, CA 91763
This Space for Recorder’s Use Only
FREE RECORDING PURSUANT TO GOVERNMENT CODE §27383
AGREEMENT NO. 24–43–I–111

AN IRREVOCABLE AGREEMENT TO ANNEX

TO THE CITY OF MONTCLAIR
2A LLC

2.42–ACRE SITE

AT THE SOUTHWEST CORNER OF MISSION BOULEVARD
AND BENSON AVENUE, ONTARIO, CA 91762
(APNS 1011–351–04–0000 AND 1011–351–05–0000)
MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 42 of 248

AGREEMENT NO. 24–43–I–111

AN IRREVOCABLE AGREEMENT TO ANNEX

TO THE CITY OF MONTCLAIR
This agreement is entered into this day of , 2024,
between 2A LLC, hereinafter referred to as "Owner," and the City of Montclair, hereinafter referred to as "City."
WHEREAS, the Owner is the legal property owner of the real property located at the southwest corner of Mission Boulevard and Benson Avenue, Ontario, CA 91762 (APNs 1011–351–04 and 1011–351–05) the land referred to herein below, as referenced by the San Bernardino County Tax Assessor Parcel Numbers (APNs 1011–351–04 and 05– 0000), and is further described as follows:

MONTE VISTA TRACT NO 2 PTN LOTS 3 AND 4 BLK 19 DESC AS COM 167 FT W OF NE COR SD LOT 4 TH S PARALLEL WITH E LI SD LOT 309.98 FT TH W PARALLEL WITH N LI SD LOTS 203 FT TH N 309.98 FT TH E 203 FT TO POB EX N 15 FT FOR HGWY

1.38 AC M/L
MONTE VISTA TRACT NO 2 E 167 FT N 309.98 FT LOT 4 BLK 19 EX N 15 FT HGWY AND EX E 14 FT ST
WHEREAS, the subject property is approximately 2.42 acres in total size and located within unincorporated San Bernardino County and the Sphere of Influence of the City of Montclair; and
WHEREAS, the County zoning designation for the site is “Medium Density Residential (MDR)” and
WHEREAS, on November 10, 2022, the County of San Bernardino (County) approved PROJ 2020–00087, allowing Tentative Tract Map (No. 20348) to subdivide a thirty–one lot residential development in conjunction with a Minor Use Permit to allow the construction of thirty–one residential condominiums. The project is currently in plan in check with the County; and
WHEREAS, the Owner is required and desires to connect the property to the sanitary sewer system in the Roswell Avenue roadway, which is owned and maintained by the City of Montclair and
WHEREAS, the City is willing to allow a connection to said sanitary sewer system if a request is made at the earliest possible time to annex to the City of Montclair; and WHEREAS, Owner desires to annex to the City of Montclair; and WHEREAS, the City intends to pursue annexation of the Owner’s property, but said annexation would cause a delay in connecting to said sewer line, which would create a substantial hardship for the Owner of said property; and, WHEREAS, the agreements, conditions, and covenants contained herein are made for the direct benefit of the land subject to this Agreement and described herein and shall create an equitable servitude upon the land and operate as a covenant running with the land for the benefit of the Owner of the land and his/her heirs, successors, and assigns.

MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 43 of 248 Irrevocable Annexation Agreement No. 24–43–I–111

NOW, THEREFORE, the party do agree as follows:

1. Owner do hereby give irrevocable consent to annex to the City of Montclair at such time as the annexation may be properly approved through appropriate legal proceedings, and Owner do further agree to provide all reasonable cooperation and assistance to the City in the annexation proceedings. Said cooperation is contemplated to include signing any applications of consent prepared by the City, and submitting any evidence reasonably within the control of the Owner to the various hearings required for the annexation. Said cooperation does not include, however, any obligation on behalf of the Owner to institute any litigation of judicial proceeding whatsoever to force annexation to the City.

2. The City of Montclair does hereby agree to allow a connection of said property to the sewer line owned by the City of Montclair, which is located in Roswell Avenue, at such time as all applicable permits have been obtained and associated fees have been paid.

3. The owner agrees to pay such annexation fees and costs and other municipal charges as would ordinarily be charged in the annexation of property to the City. Said fees shall be payable when the same becomes due and payable. (In some circumstances, these fees may be borne by the City.)

4. The owner shall pay all fees and charges and make all deposits required by the City to connect to and use the sewer, and the Owner agrees to be bound by all City ordinances, rules, and regulations with respect to the sewer system. The owner agrees to pay monthly sewer charges beginning on the date the City Council approves this agreement.

5. Owner shall be responsible for the maintenance and repair of the sewer lateral from the buildings, and/or structures to which the sewer lateral is connected to the public sewer main in the street or City easement. This responsibility includes both the portion of the sewer lateral on private property and the portion located beneath the street up to the point where the lateral connects to the public sanitary sewer main. The property owner’s responsibilities include maintenance and repair of the lateral, overflow cleanup, and damages to the sewer main and/or pavement. The City may respond and take corrective action in the event of a sewage overflow from a lateral where there is an immediate threat to health or safety. However, the property owner shall be responsible for all costs incurred by the City.

6. Owner shall install any and all future improvements upon said property to the City's standards, except that the County standard(s) shall apply when more restrictive than the City standard(s).

7. Owner shall execute this agreement on behalf of himself, his heirs, successors, and assigns, and said agreement shall be irrevocable without the prior written consent of both parties hereto.

8. The benefit and responsibilities to the subject property shall inure to the benefit and responsibilities of subsequent owners, their heirs, successors, and assigns; and the agreements, conditions, and covenants contained herein shall be binding upon them and upon the land.

MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 44 of 248 Irrevocable Annexation Agreement No. 24–43–I–111

9. This agreement shall be recorded with the Office of the Recorder of the County of San Bernardino.

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

CITY: OWNER(S):

CITY OF MONTCLAIR, CALIFORNIA 2A LLC
Javier John Dutrey, Mayor Name/Title:

Date: Date:

ATTEST:

Andrea Myrick, City Clerk Name/Title:

Date:

APPROVED AS TO FORM:

Diane E. Robbins, City Attorney
MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 45 of 248

CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 19, 2024
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 2
FILE I.D.: HSV105
DEPT.: HUMAN SVCS.

PREPARER: A. COLUNGA
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 24–62 WITH LIFESTYLE MANAGEMENT SOLUTIONS TO PROVIDE NUTRITION EDUCATION SERVICES FOR THE CITY’S SENIOR

CITIZEN NUTRITION PROGRAM, SUBJECT TO ANY REVISIONS DEEMED NECESSARY BY

THE CITY ATTORNEY
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 24–62 with Lifestyle Management Solutions to provide nutrition education services for the City's Senior Citizen Nutrition Program.

BACKGROUND: On June 6, 2022, the City Council approved Agreement No. 22–57 with the San Bernardino County Department of Aging and Adult Services – Public Guardian (DAAS–PG) to provide a three year Elderly Nutrition Program (ENP) for participants aged 60 and over. The ENP requires the delivery of nutrition education from a registered dietician for participants, volunteers, and staff.

If approved, Lifestyle Management Solutions will be responsible for providing nutrition education services, including: monitoring the site for safe food handling and sanitation practices of facilities; providing input, reviewing, and approving the Nutrition Education Plan for staff and participants; providing nutrition education a minimum of four (4) times per year for food service staff (paid and volunteers) and participants; and providing technical support and assistance as needed.

Lifestyle Management Solutions is led by Gina Crome. Gina has earned a Master of Public Health and a Master of Science in Clinical Psychology. In addition, Gina is a Registered Dietitian, Certified Health Coach, Certified Behavior Change Specialist, and Certified Personal Trainer. With nearly twenty years of experience in the health field, Gina possesses the skills and experience needed to fulfill the contract requirements.

The City attempted to obtain quotes from other qualified organizations; however, only one organization responded that they were interested with a quote that was well above the grant funded budget level.

FISCAL IMPACT: There will be no cost to the General Fund as a result of this agreement to provide nutrition education services. The cost of nutrition education services, $3,000, will be grant funded under Agreement No. 22–57 with DAAS. The term of agreement 24–62 is July 1, 2024 – June 30, 2025.

RECOMMENDATION: Staff recommends the City Council to consider approval of Agreement No. 24–62 with Lifestyle Management Solutions to provide nutrition education services for the City's Senior Citizen Nutrition Program, subject to any revisions deemed necessary by the City Attorney.

MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 46 of 248 Agreement No. 24–62
1 CITY OF MONTCLAIR

AGREEMENT FOR CONSULTANT SERVICES
HUMAN SERVICES – NUTRITION EDUCATION AND TRAINING
THIS AGREEMENT is made and effective as of July 1, 2024 between the City of Montclair, a municipal corporation (“City”) and Lifestyle Management Solutions, a California sole proprietorship (“Consultant”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on July 1, 2024 and shall remain and continue in effect for a period of 12 months until tasks described herein are completed, but in no event later than June 30, 2025 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, 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 Human Services Director shall represent City in all matters pertaining to the administration of this Agreement, review and approval of all products submitted by Consultant, but not including the authority to enlarge the Tasks to be Performed or change the compensation due to Consultant. City’s Human Services Director 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 quarterly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full. This amount is subject to receipt of grant funding and shall not exceed $3,000 for the total term of the Agreement unless additional payment is approved as provided in this Agreement.

MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 47 of 248 Agreement No. 24–62
2 (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 ten percent (10%) of the amount of the Agreement. Any additional work in excess of this amount shall be approved by the City Council.
(c) 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 of value to the City.

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.
(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 MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 48 of 248 Agreement No. 24–62
3 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.

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, 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 MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 49 of 248 Agreement No. 24–62
4 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 Consultants, subconsultants/subcontractors 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 subconsultants/subcontractors, 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) Subconsultants/subcontractors 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 Subconsultant, Subcontractor, 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 Subconsultant, Subcontractor 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.
(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, 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.

MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 50 of 248 Agreement No. 24–62
5 (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
(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) 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 $100,000 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.

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6 (2) Workers’ Compensation: If applicable, 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.
(b) Endorsements
Insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval.
(1) The insurance coverages required by Section (a)(1) Automobile Liability Insurance shall contain the following provisions or be endorsed to provide the following:

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 performance of the Contract. 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 Contract) (2) The policy or policies of insurance required by Section (a)(2) Workers’ Compensation shall be endorsed, as follows:

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.

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7 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.
(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 or benefits 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.
(c) In regard to the professional services provided by Consultant and defined in Exhibit “A,” City and Consultant specifically agree as follows:
(1) While Consultant may perform certain services at the premises of City, Consultant is not required to do so and may perform services at his/her separate business location.
(2) With the exception of agreed upon project completion dates and the agreement the Consultant will be available at reasonable business hours, the Consultant shall have the ability to set his/her own hours of operation.
(3) Consultant represents that the services he/she performs under this Agreement are the same services Consultant is customarily engaged in his/her business. City acknowledges that Consultant does not perform services exclusively for City and that Consultant performs or is available to perform these same services to other clients.
(4) Consultant will use his/her own discretion and independent judgment in the performance of the services rendered for City under the terms of this Agreement.

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8 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.

MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 54 of 248 Agreement No. 24–62
9 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 covenants that neither he/she nor any office or principal of their firm have any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder.

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.

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: Marcia Richter
Human Services Director
City of Montclair
5111 Benito Street
Montclair, CA 91763
To Consultant: Lifestyle Management Solutions
30350 Via Brisa
Temecula, CA 92592

17. ASSIGNMENT
The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Because of the personal nature of the services to be rendered pursuant to this Agreement, only Gina Crome, shall perform the services described in this Agreement.

Consultant’s responsible employee may use assistants, under her direct supervision, to perform some of the services under this Agreement. Consultant shall provide City fourteen (14) days’ notice prior to the departure of the responsible employee MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 55 of 248 Agreement No. 24–62
10 from Consultant’s employ. Should she leave Consultant’s employ, the City shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, Consultant’s sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant.

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. 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.

22. 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.

MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 56 of 248 Agreement No. 24–62
11 23. ELDERLY ABUSE
In accordance with the State of California – Health and Human Services Agency requirements, Consultant and its employees shall comply with and return completed copies of Exhibit C, Statement Acknowledging Requirement to Report Suspected Abuse of Dependent Adults and Elders (SOC 341A).

24. 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.

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 Gina M. Crome, Owner
Attest:

By:

Andrea Myrick, City Clerk
Approved as to Form:

By:

Diane Robbins, City Attorney
MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 57 of 248 Agreement No. 24–62
12 EXHIBIT A
During the term of this Agreement and in accordance with Title 22, Division 1.8 of the California Department of Aging Regulations and Section 2 above, CONSULTANT shall provide the services described below:
a) At a minimum, quarterly monitor the City of Montclair’s Senior Nutrition site for safe food handling and sanitation practices.
b) Develop or review and approve the cycle menus unless provided and signed by RD of approved caterer between February to April 2025. City must submit to the County in May 2025.
c) Plan, organize and conduct Nutrition Education a minimum of four (4) times per fiscal year for food service staff (paid and volunteer) and participants in congregate meal programs.
i. Nutrition Education for congregate sites is defined as demonstrations, presentations, lectures or small group discussions, all of which may be augmented with printed materials. Training sessions shall be evaluated by those receiving the training.
ii. Nutrition Education shall be based on the particular need of congregate meal participants. An annual Needs Assessment shall be performed by the City to make this determination.
iii. Nutrition Education sessions must be reported monthly to the County (DAAS–PG) using the Nutrition Education Monthly Service Unit Report. d) Since the Staff Training/Nutrition Education Plan and annual Needs Assessment must be submitted by the City of Montclair to DAAS–PG by mid–July, Consultant shall be required to support that timeline accordingly.
e) Provide technical support and assistance as needed.

Nutrition Education Units of Service:

Program: C–1 (Congregate Meals) Program: C–2 (Home–Delivered Meals) # of Units to be Provided: 350 # of Units to be Provided: N/A # of Sites to be Presented at: 1 # of Participants to be Presented to: N/A MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 58 of 248 Agreement No. 24–62
13 EXHIBIT B
Payment Schedule
Month Amount
September, upon completion of quarterly visit $750.00
December, upon completion of quarterly visit $750.00
March, upon completion of quarterly visit $750.00
June, upon completion of quarterly visit $750.00
Total $3,000.00
MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 59 of 248 Agreement No. 24–62
14 EXHIBIT C
MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 60 of 248 Agreement No. 24–62
15 MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 61 of 248 Agreement No. 24–62
16 MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 62 of 248

CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 19, 2024
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 3
FILE I.D.: PUB355
DEPT.: PUBLIC WORKS
PREPARER: M. PARADIS
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 24–63 WITH RYMAX ELECTRIC, INC., FOR

THE INSTALLATION OF THE EMERGENCY GENERATOR AND ELECTRICAL

CONDUCTORS AT THE CIVIC CENTER, SUBJECT TO ANY REVISIONS DEEMED

NECESSARY BY THE CITY ATTORNEY
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 24–63 with Rymax Electric, Inc. (Rymax) for the installation of the emergency generator and electrical conductors at the Civic Center.

A copy of Agreement No. 24–63 is attached for the City Council’s review and consideration.

BACKGROUND: The City purchased an emergency generator to supply power to all buildings within the Civic Center in the event of power outage. To prepare the main electrical switch gear to be connected to the generator, electrical conductors will need to be installed through the Community Center and underground to the generator location within the Recreation Center parking lot.

The installation of the generator and electrical conductors between the generator and switch gear must be performed by a licensed and insured contractor. The City solicited an estimate from Rymax, the Vendor of Choice, for electrical repairs to the Police Department and all other City facilities. Rymax submitted an estimate for $142,435 to install the generator and electrical conductors.

FISCAL IMPACT: On December 5, 2022, the City Council authorized the use of 2021 Lease Revenue Bond proceeds for this project.

RECOMMENDATION: Staff recommends that the City Council approve Agreement No. 24–63 with Rymax Electric, Inc., for the installation of the emergency generator and electrical conductors at the Civic Center, subject to any revisions deemed necessary by the City Attorney.

MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 63 of 248 Agreement No. 24–63

KNOW ALL MEN BY THESE PRESENTS: That the following Agreement is made and entered into as of the date executed by the City Clerk and the Mayor, by and between Rymax Electric, Inc., hereinafter referred to as "CONTRACTOR" and the CITY OF MONTCLAIR, hereinafter referred to as "CITY."
A. Recitals.
(i) CITY accepts the CONTRACTOR’s proposal.
(ii) CITY authorizes the City Clerk and Mayor to enter into a written contract with CONTRACTOR for furnishing labor, equipment, and material for the construction of:

INSTALLATION OF EMERGENCY GENERATOR AND ELECTRICAL CONDUCTORS "PROJECT" hereinafter.

B. Resolution.

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

1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do all work contemplated and embraced for the PROJECT. Said PROJECT to be performed in accordance with the CONTRACTOR’S proposal dated July 17, 2024, a copy of which is attached hereto as Exhibit “A”. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not. In the event there is any conflict or inconsistency between the Contractor’s proposal and this written Agreement, the provisions of this written Agreement shall control.

2. TERMS OF CONTRACT: The CONTRACTOR agrees to execute the contract within ten (10) calendar days from the date of notice of award of the contract and to complete his portion of PROJECT within 60 days of executing the contract.

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

4. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to CITY nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained.

The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance:

MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 64 of 248 Agreement No. 24–63

a. Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the Engineer a policy of insurance or proper endorsement as proof that he has taken out full compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract.

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

CONTRACTOR, prior to commencing work, shall sign and file with CITY a certification as follows:
"I am aware of the provisions of §3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract."
b. For all operations of the CONTRACTOR or any subcontractor in performing the work provided for herein, insurance with the following minimum limits and coverage:
(1) Public Liability – Bodily Injury (not auto) $1,000,000 each person; $2,000,000 each accident.
(2) Public Liability – Property Damage (not auto) $500,000 each accident; $1,000,000 aggregate.
(3) Contractor's Protective – Bodily Injury $1,000,000 each person; $2,000,000 each accident.
(4) Contractor's Protective – Property Damage $500,000 each accident; $1,000,000 aggregate.
(5) Automobile – Bodily Injury $1,000,000 each person; $2,000,000 each accident.
(6) Automobile – Property Damage $500,000 each accident. c. The policy of insurance provided for in subparagraph a. shall contain an endorsement which:
(1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.d.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein;
(2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to CITY by registered mail.

MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 65 of 248 Agreement No. 24–63

d. Each such policy of insurance provided for in paragraph b. shall:
(1) Be issued by an insurance company approved in writing by CITY, which is qualified to do business in the State of California; (2) Name as additional insureds the CITY, its officers, agents and employees;
(3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insureds shall be called upon to cover a loss under said policy;
(4) Contain a clause substantially in the following words:
"It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by CITY of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter."
(5) Otherwise be in form satisfactory to CITY.
e. The CONTRACTOR shall at the time of the execution of the contract present the original policies of insurance required in paragraphs a. and b., hereof, or present an endorsement of the insurance company, showing the issuance of such insurance, and the additional insureds and other provisions required herein.

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

The CONTRACTOR will indemnify CITY against and will hold and save CITY harmless from any and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the CONTRACTOR, his agents, employees, subcontractors, or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of CITY, but excluding such actions, claims, damages to persons or property, penalties, obligations, or liabilities arising from the sole negligence or willful misconduct of CITY, its employees, servants, or independent contractors who are directly responsible to CITY, and in connection therewith:

MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 66 of 248 Agreement No. 24–63

a. The CONTRACTOR will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations, or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith.
b. The CONTRACTOR will promptly pay any judgment or award rendered against the CONTRACTOR or CITY covering such claims, damages, penalties, obligations, and liabilities arising out of or in connection with such work, operations, or activities of the CONTRACTOR hereunder or reasonable settlement in lieu of judgment or award, and the CONTRACTOR agrees to save and hold the CITY harmless therefrom.
c. In the event CITY is made a party to any action or proceeding filed or prosecuted against the CONTRACTOR for damages or other claims arising out of or in connection with the project, operation, or activities of the CONTRACTOR hereunder, the CONTRACTOR agrees to pay to CITY any and all costs and expenses incurred by CITY in such action or proceeding together with reasonable attorneys' fees.

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

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

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

8. CONTRACT PRICE AND PAYMENT: CITY shall pay to the CONTRACTOR for furnishing the material and doing the prescribed work the unit prices set forth in accordance with CONTRACTOR's Proposal dated July 17, 2024.

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

MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 67 of 248 Agreement No. 24–63

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

CONTRACTOR CITY
RYMAX ELECTRIC, INC. CITY OF MONTLAIR, CALIFORNIA
1315 E. 9th Street 5111 Benito Street
Upland, CA 91763 Montclair, CA 91763
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 – 08/19/2024 Page 68 of 248

CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 19, 2024
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 4
FILE I.D.: LDU400/410
DEPT.: ECONOMIC DEV.

PREPARER: M. FUENTES
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 24–64 WITH KENDRY II APARTMENTS

OWNER, LLC, AN OPERATIONS AND MANAGEMENT REGULATORY AGREEMENT

REGARDING PROPERTY GENERALLY LOCATED AT THE SOUTHWEST CORNER OF

ARROW HIGHWAY AND MONTE VISTA AVENUE, SUBJECT TO ANY REVISIONS DEEMED

NECESSARY BY THE CITY ATTORNEY
REASON FOR CONSIDERATION: Through the entitlement process and beginning with the Paseos at Montclair North project, the City Council has required all multifamily projects in the City of Montclair to record a covenant on the property related to management and maintenance.

Agreement No. 24–64, the Operations & Management Regulatory Agreement ("Regulatory Agreement") would become the required covenant for the Alexan–Kendry Addition upon recordation.

A copy of the proposed Regulatory Agreement No. 24–64 is included in the City Council’s agenda packet for review and consideration.

BACKGROUND: The purpose of the Regulatory Agreement is to create a recorded document that outlines the responsibilities of multifamily property owners in the City of Montclair for current and future property owners.

During the 1980s and 1990s, the City’s Housing Improvement Task Force was charged with improving multifamily housing conditions within the community. A major focus of the Housing Improvement Task Force became the education of property owners regarding the management and maintenance responsibilities of their investment properties. To that end, staff was directed to develop covenants for all new multifamily developments that outline maintenance and managerial responsibilities and to provide the City with a means to enforce such covenants.

Alexan–Kendry Expansion
The Alexan–Kendry Expansion Project is located within the boundaries of the amended North Montclair Downtown Specific Plan (NMDSP). The proposed development is generally located at the southwest corner of Arrow Highway and Monte Vista Avenue adjacent to the existing Alexan–Kendry Apartments. The NMDSP was originally adopted by the City Council on May 16, 2006 and was amended by the City Council on March 20, 2017.

The NMDSP encourages development following urban–style design patterns focused around travel nodes within proximity to commercial shopping opportunities and public transit. The Planning Commission and City Council approved the 2.85 acres project to include 211 permanent apartment units in an urban–styled community. The City Council approved the Alexan–Kendry Expansion Project on July 18, 2022.

MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 69 of 248 The project entitlements for the Alexan–Kendry Expansion Project are subject to compliance with a number of Conditions of Approval adopted by the Planning Commission and City Council. One of the Conditions of Approval included the following requirements:

The owner must consent, in writing, to record a covenant an Operations & Management Regulatory Agreement – Alexan–Kendry Expansion (hereafter Regulatory Agreement) against the entire property providing for the perpetual maintenance of all buildings and improvements, including roadways, drainage facilities, and water and sewer systems. The Regulatory Agreement shall be effective during the lifetime of the Project.

Property shall thereafter be maintained following the property maintenance standards contained in the Montclair Municipal Code.

The Regulatory Agreement shall provide for the perpetual maintenance of all buildings and improvements for the subject multifamily residential project ("the Project") developed in the City for rental purposes. The Regulatory Agreement shall be recorded as a condition, covenant, and restriction on the property in perpetuity unless the City Council agrees to the removal of such covenant in the event of a change in land use. The Regulatory Agreement shall address the management, operations, and maintenance of the multifamily residential project and shall become a Covenant that will run with the land.

The Regulatory Agreement provides terms for compliance with the above–stated Condition of Approval. The more significant points of the Regulatory Agreement include the following conditions:
 The term of the Regulatory Agreement would commence upon recordation and continue in full force and effect in perpetuity until replaced with another regulatory document.
 The Regulatory Agreement contains exhibits related to Property Manager Job Description, Rules and Regulations, Residential Lease/Rental Agreement, Parking Management Plan, Parking Management Plan Tenant Acknowledgment, Master Refuse Removal Plan, Waste and Refuse Acknowledgment, and Periodic Improvement Plan.
 The developer/property owner would be required to manage the property through a property management company. The property management company retained by property owner would provide an on–site manager subject to the prior written approval of the Police Chief. In exercising approval rights, the Police Chief may require proof of ability and qualifications of the manager and Management Company. Upon 60 days of written notice from the City and showing reasonable cause, the property owner could be required to remove and replace the property manager and the property management company.
 The property management company retained by the property owner would have an employee on staff who is a California Certified Property Manager available to assist with project related management issues.

MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 70 of 248  Should the calls for police service of a serious nature in the project exceed a level reasonably considered normal and customary for this size of project as determined by the Police Chief for a consecutive two–month period, the property owner would be required to increase the amount and frequency of the courtesy patrols until such time as the Police Chief determines the calls have decreased to a normal service level.
 The property owner would direct the on–site manager to enforce all rules and regulations and apply appropriate tenant screening practices. Draft rules and regulations, a lease agreement, and rental criteria are included as exhibits to the Regulatory Agreement.
 The property owner has prepared a parking management plan. The plan shall require all residents to park in assigned garages or spaces and detail how compliance with on–site parking regulations will be enforced. The property owner or manager may not amend the Parking Management Plan without the approval of the City Council.
 As a part of the rental application, each potential renter of a unit shall be given a written notice detailing the on–site and off–site parking conditions and requirements at the complex. All executed rental lease agreements are required to contain the entire Parking Management Plan as an exhibit including a signed acknowledgment form which records the resident’s agreement with the terms of the Parking Management Plan.
 The property owner would agree to keep the property in a well–maintained condition, would operate the property in a businesslike manner, would not commit or permit any waste or deterioration of the property, and would not abandon any portion of the property.
 To secure timely performance of the property owner's obligations in the Agreement, the property owner would create a lien in favor of the City against all portions of the property not dedicated to the City. If the property owner neglects, refuses or fails to fulfill to complete any obligation and the City determines the property owner to be in violation of the Regulatory Agreement, the City shall make a written demand upon the property owner. The property owner has 30 days to begin to remedy default of the Regulatory Agreement. If the work required by the City is not remedied by the property owner within the time frame established by the City, the City may cure the default at the expense of the property owner through a lien.
 The property owner agrees not to sell, transfer, or dispose of any building in the project unless the sale consists of a sale of the entire property to a purchaser or as part of a larger condominium sales effort where individual units are sold to individual purchasers on a building by building or unity by unit basis.  It is acknowledged that the Regulatory Agreement would be replaced with Conditions, Covenants, and Restrictions in the event the project is converted to condominium ownership.
 The property owner shall supply the City with appropriate indemnification in connection with construction or performance under the terms of the Regulatory Agreement.

MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 71 of 248 FISCAL IMPACT: Approval of Agreement No. 24–64 would have no fiscal impact on the General Fund. The purpose of the Agreement No. 24–64 is to attempt a proactive approach to dealing with any future safety or maintenance issues that could arise as a consequence of this project.

RECOMMENDATION: Staff recommends that the City Council approve Agreement No. 24–64 with Kendry II Apartments Owner, LLC, an Operations and Management Regulatory Agreement regarding property generally located at the southwest corner of Arrow Highway and Monte Vista Avenue, subject to any revisions deemed necessary by the City Attorney.

MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 72 of 248 – 1 –
Agreement No. 24-64

OPERATIONS & MANAGEMENT REGULATORY AGREEMENT
THIS OPERATIONS & MANAGEMENT REGULATORY AGREEMENT ("Regulatory Agreement"), dated as of , 2024 for reference purposes only, is made and entered into by and between the CITY OF MONTCLAIR, a California municipal ("City") and, Kendry II Apartments Owner, LLC a Delaware limited liability company ("Owner"), with reference to the following:

A. Owner has submitted requests for approval of certain land use entitlement applications including a Precise Plan of Design (PPD) (“Project Entitlements”) to construct a proposed project with 137 residential apartments (“Project”) on 2.85 (gross) acres of land generally located at the southwest corner of Arrow Highway and Monte Vista Avenue in the City of Montclair (“Subject Site”). The Subject Site is more particularly described in Exhibit “A” attached to this Operations and Maintenance Agreement and incorporated herein by reference. The Project can share operations and management activities with the existing 211-unit residential multi-family apartment project regulated by Document 2018-0147798.

B. The Subject Site is located within the boundaries of the North Montclair Downtown Specific Plan (NMDSP) that was originally approved by the City Council on May 15, 2006 by Resolution No. 06-2628. The NMDSP was amended by the City Council on March 20, 2017 by Resolution No. 17-3149 and on April 3, 2017 pursuant to Ordinance No 17-965. The Applicant is contemplating the development of this property and would develop the Subject Site in accordance with the provision of the Amended North Montclair Downtown Specific Plan.

C. The Project Entitlements were approved subject to compliance with certain conditions of approval:

Condition No. 17. Owner must consent, in writing, to record a covenant an Operations & Management Regulatory Agreement (hereafter Regulatory Agreement) against the entire property providing for the perpetual maintenance of all buildings and improvements, including roadways, drainage facilities, and water and sewer systems. The Regulatory Agreement shall be effective during the lifetime of the Project. Property shall thereafter be maintained following the property maintenance standards contained in the Montclair Municipal Code.

The Regulatory Agreement shall provide for the perpetual maintenance of all buildings and improvements for the subject multifamily residential project ("the Projct") developed in the Cityfor rental purposes. The Regulatory Agreement shall be recorded as a condition, covenant, and restriction on the property in perpetuity unless the City Council agrees to the removal of such covenant in the event of a change in land use. The Regulatory Agreement shall address the management, operations, and maintenance of the multifamily residential project and shall become a Covenant that will run with the land.

D. The purpose of this Regulatory Agreement is to comply with the requirements of Conditions of Approval found in the Precise Plan of Design.

NOW, THEREFORE, for and in consideration of the premises and the mutual promises, covenants, conditions, and restrictions herein contained, the parties hereto declare, covenant and agree as follows:

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1. DEFINITIONS AND INTERPRETATION

1.1. Singular and Plural Terms. Any defined term used in the plural in this Regulatory Agreement shall refer to all members of the relevant class and any defined term used in the singular shall refer to any number of the members of the relevant class.

1.2. Accounting Principles. Any accounting term used and not specifically defined in this Regulatory Agreement shall be construed in conformity with, and all financial data required to be submitted under this Regulatory Agreement shall be prepared in conformity with, generally accepted accounting principles applied on a consistent basis or in accordance with such other principles or methods as are reasonably acceptable to the City Manager

1.3. References and Other Terms. Any reference to any other document shall include such document both as originally executed and as it may from time to time be modified.

References herein to Articles, Sections, and Exhibits shall be construed as references to this Regulatory Agreement unless a different document is named. References to subparagraphs shall be construed as references to the same Section in which the reference appears. The term "document" is used in its broadest sense and encompasses agreements, certificates, opinions, consents, instruments and other written material of every kind. The terms "including" and "include" mean "including (include) without limitation". References herein to statutes, laws, codes, ordinances or regulations by specific number shall mean such statute, law, code, ordinance or regulation as it existed as of the date of this Regulatory Agreement and as it may be amended from time to time thereafter.

1.4. Exhibits Incorporated. All attachments and exhibits to this Regulatory Agreement, as now existing and as the same may from time to time be modified, are incorporated herein by this reference.

2. TERM
The term of this Regulatory Agreement (“Term”) shall commence on the date it is recorded in the Official Records of the County and shall continue in full force and effect in perpetuity.

3. ON-SITE MANAGEMENT & SECURITY REQUIREMENTS

3.1. Professional Management Selection
Owner, through a licensed Property Management Company, shall manage the Project, or cause it to be managed. Any Property Management Company(ies) retained to act as agent for the Owner in meeting the obligation of providing an on-site manager (for residential units) shall be subject to prior written approval from the Executive Director Office of Public Safety/Police Chief, which approval shall not be unreasonably withheld or delayed, provided the on-site manager(s) or person(s) assigned from the applicable Property Management Company to manage the Project are appropriately qualified. In addition to the requirement of a professional management of the Project by a Property Management Company, Owner shall assure that an on-site manager and/or maintenance personnel resides on the premises of the Project at all times or at the adjacent 211-unit residential multi-family apartment project regulated by Document 2018-0147798 The Property Management Company and on-site manager(s) or person(s) assigned shall participate in any active City Crime-Free Housing Program offered by the City.

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The Property Manager assigned by the Property Management Company shall be licensed pursuant to California Business and Professions Code, Section 10131 et. Seq., and will have demonstrated experience in leasing, operating, and maintaining a multifamily residential project. The Owner has not yet selected a Property Management Company. The Property Management Company and on-site resident manager shall be approved by the Executive Director of Public Safety/Police Chief prior to occupancy of any unit.

In exercising his/her approval rights hereunder, the Executive Director Office of Public Safety/Police Chief may require proof of ability and qualifications of the Property Management Company based upon (i) prior experience, (ii) other factors determined by the Executive Director Office of Public Safety/Police Chief Police Chief as necessary.

Furthermore, upon sixty (60) days prior written demand from City with cause shown, the Executive Director Office of Public Safety/Police Chief Police Chief may request that Owner replace the Property Management Company. In any agreement with a Property Manager or Property Management Company ("Management Agreement"), the Owner shall expressly reserve the right to terminate such agreement without cause. Notwithstanding, City agrees that a request for the removal of a Property Manager or Management Company shall be subject to a thirty (30)–day notice of default and a reasonable opportunity to cure before any such termination is effective.

Under no circumstances shall the property owner take on the property management responsibilities for the project, unless such property owner possesses property management accreditation as provided for in this subsection, has demonstrated experience, and is approved by the Executive Director Office of Public Safety/Police Chief.

Subsequent changes in the Property Management Company or Manager of the Project shall obtain the prior written approval of the Executive Director Office of Public Safety/Police Chief as so indicated above.

Any subsequent changes in the Property Management Company shall be approved pursuant to the requirements stated in Section 3.1 above.

3.2. Management Responsibilities.

Ownershall assure compliance with the following management responsibilities during the term of this Regulatory Agreement:
(1) Management Obligations-Residential. The Owner shall maintain the legally required presence of an on-site manager pursuant to California Code of Regulations, Title 25, Section 42. The on-site manager may be located at the 211-unit residential multifamily apartment project regulated by Document 2018-0147798. The Property Management Company shall ensure that tenant application and screening practices are developed and enforced, that all rules and regulations are developed and enforced and that use of all facilities are managed. The Owner, through the Property Management Company, shall make best efforts to ensure that the Project is well maintained pursuant to the standards developed in this Regulatory Agreement and the City of Montclair Municipal Code.
(2) Registration and Management of Rentals. The Owner, with its Property Management Company, shall develop all rules, documents and procedures to assure all rental/lease occupancies of residential units are professionally managed including but not limited to:

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 Application(s)
 Crime-Free Addendum and other required addenda
 Tenant screening tools"
(3) Compliance with Rules. Renters/lessees occupying units within the Project shall be subject to all rules and regulations developed by the Property Management Company.

The Property Management Company shall establish a system for remedying violations and seeking compliance with the rules and regulations. The rules established by the Property Management Company shall include provisions for eviction of renters/lessees for material violations of the rules and regulations of the Project. (4) Maintenance of Interior of Units. The Property Management Company shall develop and implement rules for maintenance and upkeep of the interior of the rental units. (5) Alcoholic Beverages/Controlled Substances. Tenant rules shall prevent the consumption of alcoholic beverages or controlled substances in common areas anywhere in the Project except in those areas allowed by law and expressly designated by Owner/Property Management Company. Areas allowing the consumption of alcoholic beverages or controlled substances, if not subject to a California Alcohol Beverage Control license, shall be subject to the approval of the Executive Director, Office of Public Safety/Police Chief or his/her designee, with consent not to be unreasonably withheld.

3.3. Security Requirements. Ownershall provide the following security and security monitoring measures during the term of this Regulatory Agreement:
(1) Owner agrees to direct the Property Management Company to enforce property rules and regulations as they are periodically updated and published in the lease signed by each tenant/resident. Owner shall supply the City a copy of all updated rules and regulations upon request.
(2) Owner shall utilize the California Lease (or rental) Agreement for residential 10tenancies. Owner shall direct the Property Management Company to enforce all of its provisions. Owner shall supply the City a copy of any updated form lease/rental documents and/or community rules and regulations upon request. (3) Owner shall direct Property Management Company to investigate each potential resident’s suitability, according to all applicable laws, to fulfill all obligations to comply with the rules established for the Project.
(4) To the extent allowed by law, Owner shall prohibit residential lessee or tenant from subleasing or temporarily renting the leased or rented unit including such temporary rentals as Airbnb or similar rental services. This prohibition against such subleases shall be included in the lease or rental agreement.
(5) Owner shall provide the following security and security monitoring measures during the term of this Regulatory Agreement:
i. Owner shall develop a "Security Plan" acceptable and approved by the Montclair Police Department which, at a minimum, shall include the installation, operation, and maintenance of security cameras throughout the Project.

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ii. At any time during the term of the Regulatory Agreement, should the calls for Police service or calls for Police response at the Project exceed a level reasonably considered normal and customary for the size of the Project, as determined by the Executive Director Office of Public Safety/Police Chief, during any consecutive two-month period, the Owner shall be required to provide a State-licensed security patrol through a company retained by the Owner at Owner’s expense.
iii. The State-licensed security patrol company shall be retained by the Owner, with the prior approval of the Executive Director Office of Public Safety/Police Chief, for a period of time to be reasonably determined by the Executive Director Office of Public Safety/Police Chief. The approval of such a State-licensed security company shall not be unreasonably withheld. The frequency of patrols and Owner’s cost for payment of such patrols shall be reasonable in light of the number and nature of calls for Police responses in subsection ii above.

3.4. Balconies, Patios, and Porches.

Owner and/or Property Management Company shall provide for and enforce the following outdoor storage regulations during the term of this Regulatory Agreement:
(1) Balconies, patios, and/or porches on residential units approved for use as private usable open space must be kept free from being enclosed or covered by a tenant in any way and must not be used for storage purposes. Storage of materials that detract from the appearance of buildings is prohibited in the above–mentioned locations as well as anywhere that is directly visible to the public.
(2) All rental agreements/leases for the project must include a rule preventing the storage of boxes or materials, placement of indoor furniture, visible exercise equipment, hanging clothing, building of enclosures, the installation of makeshift screening materials, or any other similar item in or on a balcony, patio, or porch.

3.5. Cable and Satellite Service Equipment.

Placement of antennas for radio and television reception may be permitted within a balcony, terrace, deck or patio that is intended for exclusive use of the subject tenant, subject to applicable law and the following criteria:
(1) For the purpose of this Section, the word “antenna” shall include a single dish antenna, usually in a circular shape with a parabolic curve design constructed of a solid or open mesh surface, not more than two feet (2'–0") in diameter, either surface–mounted or by means of a freestanding tripod that is placed entirely within the permitted areas. (2) Only one (1) antenna per dwelling unit shall be permitted (3) The method of attachment and or arrangement of said antenna shall be accomplished in the least visually distracting manner as possible.
(4) No antennas shall be placed, attached, or installed in any common areas of the development including the roof, hallways, common courtyards, walkways, or the exterior walls of the apartment building.

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(5) No overhead or external wiring of the antennasshall be permitted.

3.6. Parking Management Plan and Parking Management.

Owner has prepared and must implement the mechanics of a Parking Management Plan (PMP) showing all resident, employee, guest parking, and public parking areas pursuant to entitlement approvals of the City. The PMP shall require all residents to park in assigned spaces and detail how compliance with on-site parking regulations will be enforced for the Project. All parking spaces shall be identified with a unique number that shall be stenciled on the pavement and regularly maintained. The PMP shall be approved by the City Council prior to its recordation and implementation. The PMP shall not be amended by the Owner without the prior approval of the City Council. The PMP may periodically be updated at the request of the City. The PMP shall also include the following (subject to applicable law):
(1) Any tandem parking spaces identified in the PMP shall be assigned to the same dwelling unit. For purposes of the PMP, each tandem space shall count toward the fulfillment of the total requirement of parking spaces for the project. (2) The PMP shall provide that no utility trailers, commercial or construction vehicle of any length, buses or passenger vans, watercraft, or recreational vehicles shall be permitted to be stored or parked overnight on any private street and/or parking areas within the Project. "Recreational Vehicle" shall mean recreational vehicles, motor homes, campers, utility trailers, watercraft, travel trailer, truck camper, camping trailer, off-road vehicles, land conveyances, vessels, aircraft, boats, trailers, van conversions, customized trucks, and other similar type vehicles that are designed for human habitation for recreational or emergency purposes, or that require a special driver's license (e.g., noncommercial Class A or Class B) to operate. (3) The PMP shall provide that any enclosed garage spaces or covered parking spaces provided shall, at all times, be assigned to a unit within the Project pursuant to the PMP. Storage within a garage shall be allowed only to the extent the garage includes a dedicated storage cabinet or storage area that does not impede or obstruct direct access to the parking space(s) within the garage.
(4) Any tandem parking spaces identified in the PMP shall be assigned to the same dwelling unit. For purposes of the PMP, each tandem space shall count toward fulfillment of the total requirement of parking spaces for the residential portion of the project. Any tandem parking spaces identified in the PMP shall be considered a second parking space assigned to the same dwelling unit. Tandem spaces shall only be assigned to and utilized for the parking of registered vehicles assigned to the residents of the same unit. Tandem spaces shall not be assigned and/or rented out to other residents or users.
(5) The Property Management Company may not introduce, require, stipulate, or incorporate into a lease or rental payments a separate fee for any surplus parking that exceeds the minimum threshold for assigned parking based on per–unit parking requirements as specified in the NMDSP and the PMP for the project. Owner may charge an additional rental fee for reserved parking spaces above the required minimum noted above to the extent they exceed required guest spaces. (6) As part of the initial rental/lease application process, each potential renter/lessee of a unit within the Project shall be given written notice of the PMPs on-site parking and off-site parking conditions and requirements. All executed rental lease agreements will MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 78 of 248 – 7 –
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contain a detailed summary of the PMP as an exhibit including a signed acknowledgement form which records the resident’s agreement with the terms of the PMP. In addition, the prospective tenant(s) shall receive an electronic version of the entire PMP, either as an email or other electronic format specified by the renter. The entire PMP shall also be available for review in the office of the on-site property manager and available online on the Project's website for residents/tenantsto view. (7) Every residential unit shall be assigned and permitted to use at least one (1) parking space as part of the base rent for each unit and shall be so stipulated in the PMP and subsequent rental/lease agreements

4. MAINTENANCE, OPERATION, PRESERVATION AND REPAIR OF

PROPERTY

4.1. Maintenance; Periodic Improvements Required. Owner, through its Property Management Company, shall keep the Project well– maintained (including, without limitation, private streets and drives, all buildings and on–site structures; signage; sidewalks; parking lots; parking structures, exterior building mounted and/or site lighting fixtures; landscaping; open space/recreation areas onsite, dog park areas, storm drain system including all storm water treatment devices associated with the Water Quality Management Plan, fencing; foundations and pools, if any; and other Improvements) and shall operate the Project in a businesslike manner; shall prudently preserve and protect both its own and City's interests in connection with the Project, shall not commit or permit any waste or deterioration of the Project; shall not abandon any portion of the property; and shall not otherwise act in such a way as to unreasonably increase the risk of any damage to the Project or create a nuisance. Such maintenance shall include, without limitation, the following:
(1) Keeping the exterior surfaces of buildings painted, plastered or otherwise appropriately treated to be in sound condition;
(2) Replacing broken orseverely etched windows and other glass surfaces promptly; (3) Keeping the property free from any accumulation of debris, graffiti, and waste materials (including pet waste);
(4) Keeping trees, lawns, shrubs and other plant materials trimmed and in healthy condition, and replacing missing or dead plant materials; (5) Maintaining all exterior light fixtures (building mounted and freestanding) in full operating condition. Non-functioning, broken or damaged light fixtures/support structures shall be promptly repaired and/or replaced with the same fixture type as originally approved
(6) Remove graffiti on any building or associated improvement, and /or within 48 hours after its appearance. If the paint color does not match an existing wall surface for any reason, the entire wall must be painted;
(7) Keeping paved surfaces and other hardscaping elements clean and in good condition, free of dirt and grime, gum, or grease, potholes, excessive staining or unsightly accumulation of leaded motor oil/automotive fluids, significant surface cracks, dangerous uplifted walkways, or other conditions which impede paths of travel; MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 79 of 248 – 8 –
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(8) No outdoor pay telephone or vending machine (including delivery lockers) shall be installed on any public street, easement, or par. Vending machines may be allowed within building or in private outdoor recreation areas when machines are located out of view to the street and are placed with an alcove space that is architecturally integrated into the design of the building, subject to satisfaction of the Community Development Director;
(9) Prohibiting auto repairs, car washing, storage of unregisters and/or inoperable vehicles, within parking areas of the Project;
(10) Keeping the on-site storm drain system in working order and in good repair at all times including the storm water treatment devices associated with the Water Quality Management Plan;
(11) Keeping all private streets, drive aisles, and exterior parking area within the Project free of weeds, debris, trash, graffiti, and potholes. Owner shall be responsible for maintenance and repaving of all private streets and drive aisle surfaces; (12) Maintain the Project grounds and adjacent public street parkways free from pet waste and/or damage at all times to deter odors, and maintain sanitary conditions. The Management Company shall:

A. Conduct routine inspection and clean–up activities of the Project site to ensure pet waste is removed and property damage caused by animals is properly repaired and prevented.

B. Notify residents and guests in writing of their responsibility to clean up after their pets.

C. Post signs with specific pet rules around the site as necessary. Sign copy shall be in English and Spanish, and set in a font type (or graphic) that is large enough to be easily read and understood.

D. Provide adequate disposable bag dispensers, or other means of removing feces, and refuse cans for disposal. Trash cans shall be regularly emptied with contents disposed of properly.
(13) Keeping refuse collection facilities (e.g. trash chutes, rooms or enclosures) shall be maintained in a sanitary, orderly, and functional condition at all times. Sanitary shall mean free of scattered trash and food debris, spills or splatter on floors and/or walls, free of odors to the highest degree possible, and free of insects and rodents; (14) Implementing and keeping a waste and refuse collection system in good operating order at all time. The Property Management Company must develop a written policy regarding the method of waste and refuse collection for all tenants and lessees consistent with the approved Solid Waste Removal Plan (SWRP). Each tenant must be informed of the waste and refuse collection system prior to executing a rental or lease agreement. The Owner/Property Management Company may not charge an additional fee related to the type of collection method of waste and refuse. (15) All refuse collection system or areas (e.g. trash chutes, rooms or enclosures) shall be power washed a minimum of two (2) times per month (or more frequently as needed), by the Property Management Company or by means of a hired company qualified to power wash or steam clean all refuse collection facilities and/or equipment. Such MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 80 of 248 – 9 –
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activity shall be performed with proper equipment containing a water recovery system or self-contained unit to recycle the wash (waste) water, as approved by the city.

All spills and leaks shall be cleaned up immediately using a spill kit and/or appropriate Best Management Practices (BMP) that utilize absorbents or equivalent "dry" methods.

4.2. Restrictions on Alterations and Repairs. Owner shall not remove, demolish or alter any Improvement, expect to make non- structural and any required structural repairs which preserve or increase the property's value, sand shall promptly restore, in a good and workmanlike manner, and Improvement (or other aspect or portion of the property) that is damage or destroyed from any cause.

4.3. Periodic Improvements Required. Notwithstanding the obligations of subsection

4.1 and 4.2 above, Owner shall undertake periodic improvements to the property.

4.4. Lien. To secure the timely performance of Owner’s obligations under Sections 4.1 and 4.2 above and this Section 5.1, Owner hereby creates in favor of City a lien against all portions of the property not dedicated to City or some other governmental agency for a public purpose (the “Lien”). If Owner neglects, refuses, or fails to fulfill or timely complete any obligation, term, or condition of Section 4.1 or 4.2 above, or if City determines there is a violation by Owner of any federal, state, or local law, ordinance, regulation, related to the Project, City may at any time thereafter declare such violations to be a public nuisance and Owner to be in default or violation of this Regulatory Agreement and make written demand upon Owner to immediately remedy the default or violation (“Notice”). Owner shall substantially commence the work required to remedy the default or violation within thirty (30) days of the Notice. If the default or violation constitutes an immediate threat to the public health, safety, or welfare, City may provide the Notice verbally, and Owner shall substantially commence the required work within twenty-four (24) hours thereof.

4.5. Failure to Remedy; City Action. If the work required to remedy the noticed default or violation set forth in Section 5.1 above is not diligently prosecuted to a completion reasonably acceptable to City within the time frame contained in the Notice, then City may, after prior written notice to Owner providing Owner an opportunity to cure, complete all remaining work, arrange for the completion of all remaining work, and/or conduct such remedial activity as in its reasonable discretion it believes is required to remedy the default or violation. All such work or remedial activity shall be at the sole expense of Owner and shall be secured by such lien. In the event City elects to complete or arrange for completion of the work required pursuant to this Section then, after reasonable written notice providing Owner an opportunity to cure, City may require all work by Owner or its contractors to cease in order to allow adequate coordination by City. City may recover its costs for enforcement and abatement of nuisance pursuant to California Government Code, Section 54988.

4.6. Compliance. Owner shall comply with all laws and requirements of governmental agencies (including, without limitation, all requirements relating to the obtaining of governmental agency approvals) and all governmental agency approvals relating to Owner, the property or Owner's business thereon.

4.7. The Lien. The Lien shall be authorized pursuant to California Government Code, Section 54988 and shall be subordinate to any and all secured financing that Owner may obtain from time to time with respect to the property, without the need for further documentation. If, however, a lender should request additional subordination documentation, Owner shall provide City with requests to subordinate in writing.

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5. OTHER AFFIRMATIVE COVENANTS

5.1. Affirmative Covenants. Throughout the Term, Owner covenants and agrees:
(1) Pay Claims and Indebtedness. Subject to all rights of offset, setoff, contest and defenses that Owner may have, promptly to pay (i) such amounts, chargeable against Owner or the property, as City reasonably deems necessary to protect and preserve the property and this Regulatory Agreement, and (ii) all encumbrances, charges, and liens on the property, with any interest on them, which, in the judgment of the City Manager are, or appear to be, prior or superior to this Regulatory Agreement. (2) Notice of Certain Matters. To give notice to City, within thirty (30) days of Owner's learning thereof, of each of the following:
i. Any dispute between Owner and any governmental agency (other than City) relating to the property, the adverse determination of which might materially, adversely affect the property; and
ii. Any change in Owner's principal place of business.

6. SALE OR TRANSFER OF PROPERTY

6.1. Property Sales Restrictions. Owner covenants and agrees not to sell, transfer or otherwise dispose of any building within the property, or any portion of a building unless such sale is either: a) a sale of the entire property to a purchaser, or b) as part of a larger condominium sales effort where individual units are sold to individual purchasers, on a building by building or unit by unit basis, consistent with the rules and regulations of the California Department of Real Estate. This section shall not be deemed, construed or interpreted to prohibit any transfer of the property to any lender, or its designees, under a financing secured by the property with or without City's consent. In addition, it acknowledged that this Regulatory Agreement may, at some point in the future, be replaced with amended Conditions, Covenants & Restrictions to be administered by a homeowners’ association formed upon the conversion of the Project to condominium ownership. Nothing contained herein shall prohibit the removal of all or a portion of the covenants contained herein upon formation of homeowners’ association for a condominium project in compliance with the approved conditions of approval for the Project, including, but not limited to, requiring the formation of a homeowner’s association prior to the conversion or sale of any unit as a condominium. Owner shall not be responsible or liable for the acts, actions or omissions of any such homeowner’s association.

6.2. Transfers in Violation. The property and any interest in title to it shall not be transferred or conveyed to any person or entity except as provided in this Regulatory Agreement. Any such conveyance or other transfer in violation of the terms of this Regulatory Agreement shall be voidable at the election of City.

7. INDEMNIFICATION.

7.1. Indemnification. Owner shall defend, indemnify and hold the City, its officials, officers, employees, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or negligent or willful misconduct of Owner, its officers, employees, and agents, arising out of or in connection with the performance or construction of the Project MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 82 of 248 – 11 –
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or this Regulatory Agreement, including without limitation the payment of all consequential damages, attorney’s fees and other related costs and expenses. Owner shall defend, at Owner’s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City its officials, officers, employees, and agents. Owner shall pay and satisfy any judgment, award or decree that may be rendered against City its officials, officers and employees, and agents officials, officers or employees, in any such suit, action or other legal proceeding. Owner shall reimburse City and its officials, officers and employees, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Owner’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City officials, officers, employees, agents or volunteers.

8. NONDISCRIMINATION

8.1. Nondiscrimination. Owner covenants and agrees that there shall be no discrimination against or segregation of any person or group of persons on account of any protected class under California or Federal law including but not limed to: race, color, creed, religion, sex, sexual orientation, marital status, ancestry or national origin in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the property, or any part thereof, nor shall Owner itself, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sub lessees, or vendors of the property.

9. PERIODIC REVIEW

9.1. Periodic Review. Under direction of the City Manager, the City shall review this Regulatory Agreement annually, on or before the anniversary of the Effective Date, in order to ascertain the good faith compliance by Owner with the terms of the Regulatory Agreement. Owner shall submit an Annual Monitoring Report, in a form acceptable to the City, within 30 days after written notice from the Director.

9.2. Special Review. The City Council may order a special review of compliance with this Regulatory Agreement at any time.

10. DEFAULTS
The occurrence of any of the following, whatever the reason therefor, shall constitute an "Event of Default" by Owner:
(1) Owner fails to perform any obligation under this Regulatory Agreement, and such failure is not cured within thirty (30) days after Owner's receipt of written notice that such obligation was not performed; provided that, if cure cannot reasonably be effected within such thirty (30)-day period, such failure shall not be an Event of Default so long as Owner (in any event, within thirty (30) days after receipt of such notice) commences cure, and thereafter diligently prosecutes such cure to completion; or. (2) Owner is enjoined or otherwise prohibited by any governmental agency (other than City) from occupying all or any of the property and such injunction or prohibition continues unstayed for ninety (90) days or more for any reason; unless Owner is diligently attempting to have such injunction or prohibition stayed or lifted and Owner demonstrates, to the reasonable satisfaction of the City Manager, a reasonable likelihood that such stay or lifting will occur within a reasonable time.

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11. REMEDIES

11.1. Remedies in General.

It is acknowledged by the parties that City would not have entered into this Regulatory Agreement if it were to be liable in damages under this Regulatory Agreement, or with respect to this Regulatory Agreement or the application thereof.

In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Regulatory Agreement, except that City shall not be liable in damages to Owner, or to any successor in interest of Owner, or to any other person, and Owner covenants not to sue for damages or claim any damages:
(1) For any breach of this Regulatory Agreement or for any cause of action which arises out of this Regulatory Agreement; or
(2) For the taking, impairment or restriction of any right or interest conveyed or provided under or pursuant to this Regulatory Agreement; or
(3) Arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Regulatory Agreement.

It is understood and agreed that Owner, at the time of approval of the Project, indicated their voluntary agreement to accept the conditions of approval for the Project, including this Regulatory Agreement.

11.2. Cumulative Remedies; No Waiver. City's rights and remedies under this Regulatory Agreement are cumulative and in addition to all rights and remedies provided by law. The exercise by City of any right or remedy shall not constitute a cure or waiver of any default, nor invalidate any notice of default or any act done pursuant to any such notice, nor prejudice City in the exercise of any other right or remedy. No waiver of any default shall be implied from any omission by City to take action on account of such default if such default persists or is repeated. No waiver of any default shall affect any default other than the default expressly waived, and any such waiver shall be operative only for the time and to the extent stated. No waiver of any provision of this Regulatory Agreement shall be construed as a waiver of any subsequent breach of the same provision. City's consent to or approval of any act by Owner requiring further consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act. City's acceptance of the late performance of any obligation shall not constitute a waiver by City of the right to require prompt performance of all further obligations. City's acceptance of any performance following the sending or filing of any notice of default shall not constitute a waiver of City's right to proceed with the exercise of its remedies for any unfulfilled obligations; and City's acceptance of any partial performance shall not constitute a waiver by City of any rights relating to the unfulfilled portion of the applicable obligation. City shall have the right to pursue damages for Owner’s defaults but in no event shall Owner be entitled to damages of any kind from City, including, but not limited to, damages for economic loss, lost profits, or any other economic or consequential damages of any kind or nature.

12. COVENANTS TO RUN WITH THE LAND
Owner hereby subjects the property to the covenants, reservations and restrictions set forth in this Regulatory Agreement. City hereby declares its express intent that the covenants, reservations and restrictions set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner's successors in interest to all or any MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 84 of 248 – 13 –
Agreement No. 24-64
part of the property; provided, however, that on the termination of this Regulatory Agreement said covenants, reservations and restrictions shall expire. Each and every contract, deed or other instrument hereafter executed covering or conveying all or any part of the property, or any interest therein, shall conclusively be held to have been executed, delivered and accepted subject to such covenants, reservations and restrictions, regardless of whether such covenants, reservations and restrictions are set forth in such contract, deed or other instruments.

13. BURDEN AND BENEFIT
City and Owner hereby further declare their understanding and intent that the benefit of such covenants touch and concern the land by enhancing and increasing the enjoyment and use of the property by the tenants, the intended beneficiaries of such covenants, reservations and restrictions, and by furthering the public purposes for which this Regulatory Agreement was made. Tenants, the intended beneficiaries of such covenants, reservations and restrictions, and by furthering the public purposes for which this Regulatory Agreement was made.

14. UNIFORMITY; COMMON PLAN
The covenants, reservations and restrictions hereof shall apply uniformly to the property in order to establish and carry out a common plan for the use, development and improvement of the property.

15. MISCELLANEOUS

15.1. Governing Law. This Regulatory Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County.

15.2. Amendments. This Regulatory Agreement shall be amended only by a written instrument executed by the parties hereto or their successors in title, and duly recorded in the Official Records.

15.3. Notice. All notices, certificates or communications shall be sufficiently given and shall be deemed given on the second day following the date on which the same have been personally delivered or mailed by certified mail, return receipt requested, postage prepaid, addressed as follows:

If to Owner:

With a copy to:

If to City: City of Montclair
Attn: Mikey Fuentes, Director of Economic Development
5111 Benito Street, P.O. Box 2308
Montclair, CA 91763
MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 85 of 248 – 14 –
Agreement No. 24-64
With a copy to: City of Montclair
Attn: City Attorney
5111 Benito Street, P.O. Box 2308
Montclair, CA 91763
Any of the foregoing persons may, by notice given hereunder, designate any further or different addresses to which subsequent notices, certificates or communications shall be sent.

15.4. Severability. If any provision of this Regulatory Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining portions hereof shall not in any way be affected or impaired thereby.

15.5. Multiple Counterparts. This Regulatory Agreement may be simultaneously executed in multiple counterparts, all of which shall constitute one and the same instrument, and each of which shall be deemed to be an original.

15.6. Construction of Titles. The captions, headings and titles of the sections of this Regulatory Agreement have been inserted for convenience of reference only, and are not to be considered a part hereof and shall not in any way modify or restrict any of the terms or provisions hereof or be considered or given any effect in construing this Regulatory Agreement or any provisions hereof or in ascertaining intent, if any question of intent shall arise.

15.7. No Partnership with City. Owner is, and shall be deemed to be, an independent contractor and is not an employee of City and shall not become an agent of City.

15.8. Attorney's Fees. In case any action at law or in equity, including an action for declaratory relief, is brought against Owner to enforce the provisions of this Regulatory Agreement, the losing party agrees to pay reasonable attorney's fees and other reasonable expenses incurred by the prevailing party.

15.9. Successors and Assigns. The terms and provisions of this Regulatory Agreement bind and benefit the heirs, legal representatives, successors and assigns of the parties.

15.10. Exhibits. Each of the Exhibits attached hereto is hereby incorporated herein by this reference.

16. MORTGAGE PROTECTION
The terms of this Article 17 are for benefit of any mortgagee of the Owner providing construction financing for the Project (a "Mortgagee) and may be relied upon and shall be enforceable by the Mortgagee as if the Mortgagee were a party to this Regulatory Agreement. If the City receives notice from a Mortgagee requesting a copy of any future notice of default that may be given to Owner, and specifying the address for service thereof, then the City shall deliver to Mortgagee, concurrently with service thereon to Owner (the "Notice of Default"). No Notice of Default shall be deemed to have been duly given to the Owner unless and until a copy thereof shall have been so given to Mortgagee.

Mortgagee shall have the right (but not the obligation) to cure or remedy, or to commence to cure or remedy, the default claimed within the applicable time periods for cure specified in this Regulatory Agreement, plus an additional thirty (30) days. If, such however, the default is of a nature which can only be remedied or cured by such Mortgagee upon obtaining possession of the Project, such Mortgagee shall seek to obtain possession with MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 86 of 248 – 15 –
Agreement No. 24-64
diligence and continuity through a receiver or otherwise, and shall thereafter remedy or cure such default or noncompliance promptly and with diligence after obtaining possession. So long as Mortgagee is pursuing cure of the default, the City shall not exercise any right or remedy under this Regulatory Agreement on account of default. The City shall accept performance by Mortgagee of any covenant, condition, or agreement on the part of the Owner to be performed hereunder with the same force and effect as though performed by the Owner.
[SIGNATURES ON FOLLOWING PAGE]
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Agreement No. 24-64
IN WITNESS WHEREOF, City and Owner have executed this Regulatory Agreement by duly authorized representatives, all on the date first written hereinabove. “OWNER”
Kendry II Apartments Owner, L.L.C., a Delaware
limited liability company
By: Kendry II Apartments Venture, L.P., a
Delaware limited partnership, its sole member
By: CCH 118 Montclair Arrow Addition, L.P.,
a Delaware limited partnership, its general
partner
By: Maple Multi-Family Development, L.L.C.,
a Texas limited liability company, its general
partner
By:

Name: Alec Schiffer
Its: Vice President
“CITY”
City of Montclair, a California municipal corporation
By:

Name: Javier “John” Dutrey
Its: Mayor
APPROVED AS TO FORM:

By:

Diane Robbins, City Attorney
Date:

MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 88 of 248 EXHIBIT "A"

REGULATORY AGREEMENT LEGAL DESCRIPTION

REAL PROPERTY IN THE CITY OF MONTCLAIR, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS;
PARCEL C AS SHOWN ON CERTIFICATE APPROVING A LOT LINE ADJUSTMENT NO. 83-1, AS EVIDENCED BY DOCUMENT RECORDED DECEMBER 22, 1983 AS INSTRUMENT NO. 83-302330 OF OFFICIAL RECORDS OF SAID COUNTY, TOGETHER WITH PARCELS 1 AND 2 AS SHOWN ON CERTIFICATE APPROVING A LOT LINE ADJUSTMENT NO. 2003-2 AS EVIDENCED BY DOCUMENT RECORDED DECEMBER 19, 2003 AS INSTRUMENT NO. 2003-0936556 OF OFFICIAL

RECORDS OF SAID COUNTY, THE PERIMETER OF SAID REAL PROPERTY BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 2, SAID CORNER BEING

THE INTERSECTION OF THE CENTERLINES OF ARROW HIGHWAY AND MONTE VISTA AVENUE AS SHOWN ON PARCEL MAP NO. 19795, FILED IN PARCEL MAP BOOK 250, PAGES 19 THROUGH 23 INCLUSIVE, RECORDS OF SAID COUNTY; THENCE SOUTH 00'00'00" EAST ALONG THE CENTERLINE OF SAID MONTE VISTA AVENUE A DISTANCE OF 315.14 FEET TO THE NORTHEAST CORNER OF PARCEL 3 AS SHOWN ON SAID PARCEL MAP NO. 19795; THENCE ALONG THE NORTHERLY LINES OF PARCELS 3 AND 4 OF SAID PARCEL MAP NO. 19795 THE FOLLOWING THREE COURSES; NORTH 88'18'35" WEST 330.07 FEET; THENCE NORTH 00'00'19" EAST 9.69 FEET; THENCE NORTH 88'37'25" WEST 66.20 FEET TO A POINT ON THE EASTERLY LINE OF MAGNOLIA AVENUE; THENCE ALONG THE EASTERLY LINE OF MAGNOLIA AVENUE AS SHOWN ON SAID PARCEL MAP NO. 19795, NORTH 00'00'19" EAST 305.80 FEET TO A POINT OF INTERSECTION WITH THE CENTERLINE OF ARROW HIGHWAY; THENCE SOUTH 88'18'35" EAST ALONG THE CENTERLINE OF SAID ARROW HIGHWAY, A DISTANCE OF 396.25 FEET TO THE INTERSECTION

WITH THE CENTERLINE OF MONTE VISTA AVENUE, AND THE POINT OF BEGINNING LYING WITHIN TRA 11008.

REAL PROPERTY IN THE CITY OF MONTCLAIR, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS; PARCEL C AS SHOWN ON CERTIFICATE APPROVING A LOT LINE ADJUSTMENT NO. 83-1, AS EVIDENCED BY DOCUMENT RECORDED DECEMBER 22, 1983 AS INSTRUMENT NO. 83-302330 OF OFFICIAL RECORDS OF SAID COUNTY, TOGETHER WITH PARCELS 1 AND 2 AS SHOWN ON CERTIFICATE APPROVING A LOT LINE ADJUSTMENT NO. 2003-2 AS EVIDENCED BY DOCUMENT RECORDED DECEMBER 19, 2003 AS INSTRUMENT NO. 2003-0936556 OF OFFICIAL RECORDS OF SAID COUNTY, THE PERIMETER OF SAID REAL PROPERTY BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 2, SAID CORNER BEING THE INTERSECTION OF THE CENTERLINES OF ARROW HIGHWAY AND MONTE VISTA AVENUE AS SHOWN ON PARCEL MAP NO. 19795, FILED IN PARCEL MAP BOOK 250, PAGES 19 THROUGH 23 INCLUSIVE, RECORDS OF SAID COUNTY; THENCE SOUTH 00'00'00" EAST ALONG THE CENTERLINE OF SAID MONTE VISTA AVENUE A DISTANCE OF 315.14 FEET TO THE NORTHEAST CORNER OF PARCEL 3 AS SHOWN ON SAID PARCEL MAP NO. 19795; THENCE ALONG THE NORTHERLY LINES OF PARCELS 3 AND 4 OF SAID PARCEL MAP NO. 19795 THE FOLLOWING THREE COURSES; NORTH 88'18'35" WEST 330.07 FEET; THENCE NORTH 00'00'19" EAST 9.69 FEET; THENCE NORTH 88'37'25" WEST 66.20 FEET TO A POINT ON THE EASTERLY LINE OF MAGNOLIA AVENUE; THENCE ALONG THE EASTERLY LINE OF MAGNOLIA AVENUE AS SHOWN ON SAID PARCEL MAP NO. 19795, NORTH 00'00'19" EAST 305.80 FEET TO A POINT OF INTERSECTION WITH THE CENTERLINE OF ARROW HIGHWAY; THENCE SOUTH 88'18'35" EAST ALONG THE CENTERLINE OF SAID ARROW HIGHWAY, A DISTANCE OF 396.25 FEET TO THE INTERSECTION WITH THE CENTERLINE OF MONTE VISTA AVENUE, AND THE POINT OF BEGINNING LYING WITHIN TRA 11011.

MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 89 of 248

CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 19, 2024
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 5
FILE I.D.: PER250
DEPT.: ADMIN. SVCS.

PREPARER: A. MYRICK
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 24–66 WITH LIEBERT CASSIDY

WHITMORE FOR PARTICIPATION IN THE EAST INLAND EMPIRE EMPLOYMENT

RELATIONS CONSORTIUM AND PREMIUM LIEBERT LIBRARY SUBSCRIPTION, SUBJECT

TO ANY REVISIONS DEEMED NECESSARY BY THE CITY ATTORNEY
REASON FOR CONSIDERATION: The City’s current Agreement with Liebert Cassidy Whitmore (LCW) for participation in the East Inland Empire Employment Relations Consortium (ERC) is scheduled for renewal on July 1, 2024. The City Council is requested to consider approval of proposed Agreement No. 24–66 with LCW, a copy of which is attached for the City Council’s review and consideration.

BACKGROUND: For over 30 years, the City of Montclair has participated in LCW’s East Inland Empire ERC. The City’s participation entitles officials and employees to receive group training sessions, unlimited free telephone consultations with the law firm’s attorneys, and a monthly employment relations newsletter. Participating agencies may also receive specialized training for an added cost. As laws related to employment relations are constantly evolving, participating in this consortium is crucial to keeping City employees abreast of such changes.

The contract’s renewal includes the Premium Liebert Library Subscription, which includes unlimited access to LCW workbooks in digital format and over 200 sample forms, model policies, and checklists that can be downloaded and used by staff as templates.

The term of the proposed Agreement is for July 1, 2024 to June 30, 2025.

FISCAL IMPACT: The annual fee for participating in the Consortium is $4,255. Funds to cover the cost are included in the Fiscal Year 2024–2025 Budget.

RECOMMENDATION: Staff recommends the City Council approve Agreement No. 24–66 with Liebert Cassidy Whitmore for participation in the East Inland Empire Employment Relations Consortium and Premium Liebert Library Subscription, subject to any revisions deemed necessary by the City Attorney.

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MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 92 of 248 MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 93 of 248 MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 94 of 248

CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 19, 2024
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 6
FILE I.D.: GRT125
DEPT.: HUMAN SVCS.

PREPARER: A. COLUNGA
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 24–67 WITH BLAIS & ASSOCIATES, INC.

FOR GRANT WRITING SERVICES, SUBJECT TO ANY REVISIONS DEEMED NECESSARY

BY THE CITY ATTORNEY
CONSIDER AUTHORIZING A $100,000 APPROPRIATION FROM THE CONTINGENCY RESERVE FUND FOR COSTS RELATED TO AGREEMENT NO. 24–67
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 24–67 with Blais & Associates, Inc. (Blais) for grant writing services.

BACKGROUND: In 2017, the City of Montclair began utilizing Blais for their grant writing services. The City has seen much success in working with Blais, with twelve major grant awards that will transform the City totaling nearly eighteen million dollars, including:
 $5,701,000 for Safe Routes to School Implementation
 $5,137,000 for Reeder Ranch Park
 $4,174,097 for the Sunset Park Beautification Project  $771,000 for the Ramona Avenue/Howard Street Roundabout  $750,000 for the San Antonio Creek Trail Crossing Designs  $362,070 for the Orchard Street Pedestrian Safety Improvements  $249,930 for Pedestrian Crossing Enhancements
 $227,554 for the Pacific Electric Bridge Replacement
 $200,000 for the Active Transportation Plan
 $177,000 for the San Antonio Creek Trail Multimodal Plan  $95,901 for Homeless Outreach
 $76,320 for the Energy Efficiency and Conservation Block Grant Utilizing Blais and Associates grant writing services, the City of Montclair has applied for twenty–nine grants, eight of which are currently under review. Additionally, seven grant applications are in process to be submitted. Some of the federal grants the City is applying for are extremely complex and require a high level of effort, which leads to higher grant writing costs. The return on investment to the City is forty dollars in funding received for every dollar spent on grant writing services.

The City would like to continue to pursue grant funding when possible to address a variety of needs in the community. There are current funding announcements that staff would like to pursue, along with announcements of future opportunities. Each of these funding opportunities requires an extraordinary amount of time and specific expertise.

Future costs to prepare grant applications depends on the level of complexity of each grant opportunity. Agreement 24–67 includes a monthly fixed fee of $3,071 for grant research, consultation, and monitoring. It is anticipated that aggregate expenses for grant writing services from Blais will be at least $100,000 through the end of the fiscal year.

MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 95 of 248 Before the execution of the original agreement with Blais, City staff went through a vetting process to make sure that Blais was the best value for the City. Therefore, proposals from other firms were not sought. Staff recommends it is in the best interest and value of the City to continue utilizing Blais to provide grant writing services.

However, the City is not obligated to exclusively work with Blais for grant writing services.

FISCAL IMPACT: Staff estimates preparing future grant applications will cost at least $100,000 through the end of the fiscal year. The term of the agreement for grant writing services is July 1, 2024 through June 30, 2025.

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

1. Approve Agreement No. 24–67 with Blais & Associates, Inc. for grant writing services, subject to any revisions deemed necessary by the City Attorney.

2. Authorize a $100,000 appropriation from the Contingency Reserve Fund for costs related to Agreement No. 24–67.

MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 96 of 248 AGREEMENT NO. 24–67

CITY OF MONTCLAIR

AGREEMENT FOR CONSULTANT SERVICES

GRANT WRITING
THIS AGREEMENT is made and effective as of August 19, 2024, between the City of Montclair, a municipal corporation ("City") and Blais and Associates, LLC, a Texas limited liability company ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on August 19, 2024 and shall remain and continue in effect for a period of 11 months until tasks described herein are completed, but in no event later than June 30, 2025, 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, 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, review and approval of all products submitted by Consultant, but not including the authority to enlarge the Tasks to be Performed or change the compensation due to Consultant. City’s City Manager 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 6 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..

This amount shall not exceed $100,000 for the total term of the Agreement unless additional payment is approved as provided in this Agreement.

MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 97 of 248 AGREEMENT NO. 24–67

(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 ten percent (10%) of the amount of the Agreement, but in no event shall total compensation exceed Ten Thousand Dollars ($10,000.00). Any additional work in excess of this amount shall be approved by the City Council.
(c) Consultant will submit invoices monthly. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non–disputed fees. If the City disputes any of the Consultant’s fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. (d) Consultant agrees that, in no event shall City be required to pay to Consultant any sum in excess of ninety–five percent (95%) of the maximum payable hereunder prior to receipt by City of all final documents, together with all supplemental technical documents, as described herein acceptable in form and content to City. Final payments shall be made no later than sixty (60) days after presentation of final documents and acceptance thereof by City.

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

If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement. (b) In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant on a pro–rata basis the actual value of the work performed up to the time of termination, provided that the work performed is 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 6(c).

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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.
(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.

MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 99 of 248 AGREEMENT NO. 24–67

9. INDEMNIFICATION
(a) Defense, Indemnity and Hold Harmless. Contractor 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 Contractor herein, caused by or arising out of the negligent acts or omissions, or intentional misconduct of Contractor, including its subcontractors, employees, agents, and other persons or entities performing work for Contractor. (b) Contractual Indemnity. To the fullest extent permitted under California law, Contractor 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 Contractor or by any individual or entity for which Contractor is legally liable, including but not limited to Contractor’s officers, agents, representative, employees, independent contractors, subcontractors 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 Contractor, including its subcontractors, employees, agents and other persons or entities performing work for Contractor. Indemnification shall include any claim that Contractor, or Contractor’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. Contractor’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 and Indemnification. Contractor 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 Contractor in the performance of any aspect of this Agreement. In the event Contractor fails to obtain such indemnity MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 100 of 248 AGREEMENT NO. 24–67

obligations, Contractor 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 Contractor 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.
(d) City Lost or Damaged Property – Theft. Contractor 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 Contractor or of Contractor’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. Contractor further agrees to waive all rights of subrogation against the Indemnified Parties. (e) Non–Waiver and Non–Exhaustion of City’s Further Rights and Remedies.

No aspect of this provision shall in any way limit or effect the rights of the Indemnified Parties against the Contractor under the terms of this Agreement or otherwise. The indemnification provisions shall apply regardless of whether this Agreement is executed after Contractor begins the work and shall extend to claims arising after this Agreement is performed or terminated, including a dispute as to the termination of Contractor. The indemnity obligations of Contractor shall continue until it is determined by final judgment that the claim against the City and any Indemnified Parties is determined by final judgment and after exhaustion of any rights of appeal. Further, no aspect of this provision shall impact the City’s rights to contribution from Contractor, or for the City to dispute Contractor’s refusal to defend and indemnify City. (f) Limitations on Scope of Indemnity. Notwithstanding the foregoing, Contractor shall not be responsible for indemnification for claims or losses caused by the 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 Contractor under this or any other provision of this Agreement shall not be limited by the provisions of any workers’ compensation act or similar act. The Contractor expressly waives any statutory immunity under such statutes or laws as to the Indemnified Parties. The Contractor’s indemnity obligation set forth in this Section 9 shall not be limited by the limits of any policies of insurance required or provided by the Contractor pursuant to this Agreement.

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(h) The Contractor’s covenant under this Section 9 shall survive the expiration or termination of this Agreement.

10. INSURANCE
The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
(a) Types of Required Coverages
Without limiting the indemnity provisions of the Contract, the Contractor shall procure and maintain in full force and effect during the term of the Contract, the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so.
(1) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 00 01, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $3,000,000 per occurrence, and $5,000,000 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 $5,000,000 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 $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:

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(1) Commercial General Liability
Additional Insured: The City, its elected officials, officers, employees, volunteers, boards, agents and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. Coverage for the additional insureds shall apply to the fullest extent permitted by law.

Additional Insured Endorsements shall not:

1. Be limited to “Ongoing Operations”

2. Exclude “Contractual Liability

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

4. Exclude “Third–Party–Over Actions”

5. Contain any other exclusion contrary to the Agreement 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.

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(d) Waiver of Subrogation
Required insurance coverages shall not prohibit Contractor from waiving the right of subrogation prior to a loss. Contractor shall waive all rights of subrogation against the indemnified parties and policies shall contain or be endorsed to contain such a provision. This provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer.
(e) Evidence of Insurance
All policies, endorsements, certificates, and/or binders shall be subject to approval by the City as to form and content. These requirements are subject to amendment or waiver only if so approved in writing by the City. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. (f) Deductible or Self–Insured Retention
Any deductible or self–insured retention must be approved in writing by the City and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self–insured retention. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self–insured retention may be satisfied by either the Contractor or the City.
(g) Contractual Liability/Insurance Obligations
The coverage provided shall apply to the obligations assumed by the Contractor under the indemnity provisions of this Agreement. The insurance obligations under this Agreement shall be: (1) all the insurance coverage and/or limits carried by or available to the Contractor; or (2) the minimum insurance coverage requirements and/or limits shown in this Agreement; whichever is greater. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits, which are applicable to a given loss, shall be available to the City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of the Contractor under this Agreement. (h) Failure to Maintain Coverage
Contractor agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City. The City shall have the right to withhold any payment due Contractor until Contractor has fully complied with the insurance provisions of this Contract. In addition, the City may either immediately terminate this MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 104 of 248 AGREEMENT NO. 24–67

Agreement or, if insurance is available at a reasonable cost, City may take out the necessary insurance and pay, at Contractor’s expense, the premium thereon.

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

11. INDEPENDENT CONTRACTOR
(a) 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.

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(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.

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(b) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, requests for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Consultant.

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

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

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

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

To City: Alyssa Colunga
Assistant Director of Human Services &
Grants Manager
City of Montclair
5111 Benito
Montclair, CA 91763
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To Consultant: Blais and Associates, LLC
Attn: Jordan P. Carter
2807 Allen Street, Suite 2050
Dallas, TX 75204

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

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

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

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

21. CONTENTS OF REQUEST FOR PROPOSALS
Deleted.

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

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.

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

29. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Contractor warrants and represents that he/she has the authority to execute this Agreement on behalf of the 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 Blais and Associates, LLC
By: By:

Javier John Dutrey, Mayor Jordan Carter, CEO
Attest:

By: Date:

Andrea Myrick, City Clerk
Approved as to Form:

By:

Diane E. Robbins, City Attorney
Date:

MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 110 of 248 AGREEMENT NO. 24–67

EXHIBIT A
MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 111 of 248 AGREEMENT NO. 24–67

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CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 19, 2024
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 7
FILE I.D.: HSV070, ATH215, 218, 020
DEPT.: HUMAN SVCS.

PREPARER: F. SALTOS
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NOS. 24–68, 24–69, AND 24–70 WITH

MONTCLAIR LITTLE LEAGUE AND GOLDEN GIRLS SOFTBALL LEAGUE FOR USE OF

BALL FIELD FACILITIES
REASON FOR CONSIDERATION: Montclair Little League and Golden Girls Softball League (the Leagues) have requested the use of City facilities for their winter sports activities in proposed Agreement Nos. 24–68, 24–69, and 24–70.

Copies of Agreement Nos. 24–68, 24–69, and 24–70 are attached for City Council review and consideration.

BACKGROUND: Pursuant to Agreement Nos. 24–68 and 24–69, Montclair Little League is requesting the use of the two southern and two northern fields at Saratoga Park and the southern field at Kingsley Park on weekdays and Saturdays for its baseball activities.

Pursuant to Agreement No. 24–70, Golden Girls Softball League would use the two fields at Vernon Park for its softball activities on weekdays and Saturdays. Sunday field use by all leagues is not permitted.

The Leagues have each requested the use of lights for activities that may be conducted after dark. The cost of electrical services associated with such lighting and alarm fees will be covered by the City. In addition the City of Montclair will have Public Works custodians clean the restrooms. The Leagues are responsible to provide a deposit of $300 for a cleaning fee if needed during the contract period.

FISCAL IMPACT: Approval of the proposed Agreements would result in a cost to the City of approximately $8,600 total in lighting and alarm fees and $6,200 in restroom cleaning fees through Public Works Department, for a total of $14,800. Maintenance costs for the fields are incorporated in the Fiscal Year 2024–25 Budget. The terms of proposed Agreement Nos. 24–68, 24–69, and 24–70 with Montclair Little League and Golden Girls Softball League are from September 3, 2024, through December 28, 2024.

RECOMMENDATION: Staff recommends that the City Council approve Agreement Nos. 24–68, 24–69, and 24–70 with Montclair Little League and Golden Girls Softball League for use of ball field facilities.

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AGREEMENT NO. 24–68

WITH MONTCLAIR LITTLE LEAGUE

FOR USE OF SARATOGA PARK
THIS AGREEMENT is made and entered into by and between the City of Montclair, hereinafter called "CITY," and Montclair Little League, hereinafter called "LEAGUE." This Agreement is contingent upon the LEAGUE fulfilling its prior contract's financial obligations and paying any and all outstanding invoices owed to the CITY. Use of any and all facilities listed herein may not be used until all fees have been paid.

WITNESSETH:

WHEREAS, CITY presently has baseball fields in Saratoga Park (two northern and two southern fields) generally located at the southwest corner of Vernon Avenue and Kingsley Street, Montclair, California, and
WHEREAS, said Park has been developed to provide areas for youth sports, on which premises LEAGUE desires to use for Little League baseball (including the Challenger Division for children with disabilities) practices and games at such times and hours set forth in Section 1(aa). The term of this Agreement is for September 3, 2024 through December 28, 2024.

SECTION 1: LEAGUE hereby agrees as follows:
a. Provide CITY a list of all your participants and coaches. All must sign CITY approved waiver and submit to CITY liaison prior to participating. b. Not to use the premises for any other purpose, except as above indicated.

Opening and closing ceremonies will be permitted. Any other events or clinics will require written notice one month in advance for approval. The League shall not hold special events which conflict with City sponsored community special events.
c. Not to sublet the field.
d. Not to make any improvements or alterations or mow grass on said premises.
e. Not to charge for parking of vehicles in the parking lots located within CITY facilities and not to park in the fields or walkways.
f. Not to erect any barriers or fences of any kind unless approved by CITY. g. Not to use herbicides at the park for any purpose.

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h. Not to disconnect or make changes to existing phone line account. i. Not to allow hitting balls into the chain link fences for batting practice. j. To provide the CITY with a written list of all items to be stored in park buildings. No items should be stored in rest room facilities, except rest room supplies. Any items found to be stored in buildings without prior written authorization from the CITY will be removed by city crews with or without prior notice to LEAGUE. Any cost incurred by the CITY by removing, storing, or disposal of said property shall be the responsibility of LEAGUE. k. To provide a special parking area for participants in the Challenger Division, at the times of their games, by cordoning off the southeast portion of the parking lot; to provide the equipment and personnel needed to set up the special parking area; to see that all equipment is removed and properly stored after each use; to provide personnel to monitor the cordoned off area during its use.
l. CITY to maintain restroom facilities and CITY to furnish all supplies for each well– maintained restroom. LEAGUE to police the entire premises after each day's use and pick up all paper, trash, and other debris that may have accumulated, and leave the premises in a condition deemed acceptable to CITY. This work shall be completed within two hours after an activity has ended. If the premises are not maintained as stated a contracted cleaning agency will be hired by the CITY and the LEAGUE will be responsible for all fees related to the service.
m. To maintain all equipment and appliances within the snack bar and snack bar building at all times. To clean all sinks, grills, screens, exhaust hoods, mop all floors and clean countertops and utensils after each day’s use and leave the snack bar in a condition deemed acceptable to CITY. The snack bar area should not be used for storage of any materials not pertaining to food items used for snack bar operations.
n. To ensure when a barbecue is used (a permit is required to be obtained by Department of Public Health), it is set up a minimum of ten feet away from any structure and LEAGUE must provide one fire extinguisher for each barbecue being used. All safety and health regulations set forth by the County of San Bernardino Department of Public Health must be followed.

LEAGUE must also ensure that a drip pan be used and ensure barbecue has completely cooled down before returning to storage in any CITY structure. o. To deposit, with the CITY representative, the sum of Three Hundred Dollars ($300) as a refundable cleaning deposit to ensure the proper care and cleanup of the snack bar, restrooms, meeting areas, towers, and equipment therein. At the end of the playing season, an inspection shall be conducted by CITY and LEAGUE representatives to ensure that all areas and CITY– owned equipment have been properly cared for, maintained and cleaned. All non–CITY–owned equipment, with exception of refrigerators, freezers, and ice machines shall be removed from snack bar areas. Refrigerators, freezers, MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 116 of 248 AGREEMENT NO. 24–68
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and ice machines owned by LEAGUE shall be cleaned out, doors left open, and electrical turned off. Any food items left in the refrigerators and/or freezers will be discarded by the CITY. Ice machines owned by CITY shall be cleaned out, serviced, and maintained by CITY.
p. To conform to all safety and health regulations set forth by the County of San Bernardino Department of Public Health and register your snack bar as Pre–packaged. Maintain all CITY–installed facilities and equipment in their original condition. Failure to comply with these requirements will result in a breach of this Agreement and the loss of the use of the premises. q. To follow proper call–out procedures in an emergency (an urgent need for assistance or some type of immediate action) by using only telephone numbers issued for this purpose. A Contact List containing the emergency telephone numbers is attached.
r. LEAGUE agrees to assist CITY in keeping order in the park area and to provide responsible supervision as may be necessary to prevent vandal–ism or malicious mischief to the property including for graffiti removal on buildings within 24 hours of notification, contact Graffiti Abatement Hotline at 625–9429 and report vandalism immediately to the Public Works Department at 625–9480. LEAGUE will not attempt to remove Graffiti or make repairs to building. LEAGUE shall furnish and supply personnel to conduct and supervise LEAGUE activities on the premises. s. If LEAGUE elects to use lights for activities conducted after dark, the CITY will provide electrical services associated with lights at no charge to the LEAGUE.
t. To deposit, with the CITY representative, the sum of Five Hundred Dollars ($500) as a security deposit, to ensure the proper and prompt payment of any incurred damages to facilities associated with the LEAGUE. In the event all potential damages are paid by the end of this Agreement term, the deposit will be refunded.
u. To provide the CITY representative with a list of the Board of Directors, including names, addresses, and telephone numbers.
v. To provide CITY with participant rosters, practice and game schedules.

Fields will be allocated to the League accordingly. The City reserves the right to allocate any field not in use by the League. Also, sixty percent of league participants must live in Montclair and provide verification such as registration forms.
w. To provide CITY with financial statements upon request for audit purposes. x. To designate one individual as the LEAGUE's representative to work with the CITY's representative.

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y. This Agreement is subject to the terms and conditions of any master lease CITY may have with another public agency, of which LEAGUE had knowledge. aa. It is agreed that LEAGUE may use said baseball fields from September 3, 2024, through December 28, 2024, Mondays through Fridays generally commencing at 4:00 p.m. and Saturdays, generally commencing at 8:00 a.m.

No games or activities will be conducted past 9:45 p.m. bb. PUBLIC LIABILITY AND PROPERTY DAMAGE: Throughout the term of this Agreement, at LEAGUE's sole cost and expense, LEAGUE shall keep, or cause to be kept, in full force and effect, for the mutual benefit of CITY and LEAGUE, comprehensive, broad form, general public liability insurance against claims and liabilities for personal injury, death, or property provid– ing proof of at least One Million Dollars ($1,000,000) for bodily injury or death to any one person or for any one accident or occurrence, and at least Three Hundred Thousand Dollars ($300,000) for property damage. All insurance required by this Agreement shall be carried only by responsible insurance companies duly admitted to transact business in the State of California and shall name as additional insured the CITY, its elected officials, officers, employees, and agents. All policies shall contain language, to the extent obtainable, to the effect that (1) the insurer and the insured waive the right of subrogation against CITY and CITY's elected officials, officers, employees, and agents; (2) the policies are primary and non contributing with any insurance that may be carried by CITY; and (3) they cannot be canceled or materially changed except after thirty (30) days' notice, in writing, by the insurer to CITY by certified mail. LEAGUE shall furnish CITY with copies of such policies promptly upon receipt of them or certificate(s) evidencing the insurance.
cc. INDEMNIFICATION: LEAGUE shall defend, indemnify and save harmless CITY, its elected and appointed officials, officers, agents, and employees from all liability from loss, damage, or injury to persons or property including the payment by LEAGUE of any and all legal costs and attorneys' fees in any manner arising out of any negligent or intentional or willful acts or omissions of the LEAGUE in the activities, use, or occupancy of the PREMISES including, but not limited to, all consequential damages to the maximum extent permitted by law.
dd. It is understood and agreed that there is no relationship of employer– employee for Workers' Compensation purposes between CITY and any person connected with the LEAGUE, unless such person is otherwise regularly employed by and conducting official business of CITY. ee. To conduct all operations in compliance with the Americans with Disabilities Act.
ff. LEAGUE shall provide CITY with at least two (2) weeks' notice for room reservations for use of CITY facilities for LEAGUE meetings.

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gg. LEAGUE may place banners up on weekdays and Saturdays, but they must be removed by the close of Saturday each week. Banners are not allowed to stay up on Sundays. Banners must be no greater than 3 feet by 5 feet.

Banners will be attached to outfield chain link fence using clip on rings.

Banner clearance from turf is a minimum of 2 inches. The City will determine if a banner is past its useful life due to sun fade, rips, graffiti, etc., and will notify LEAGUE of said issue. LEAGUE will have 24 hours to remove said banner. The CITY has the right to remove and dispose of any banner that is not displayed following the above mentioned procedures. hh. LEAGUE may place shade cloth as necessary to dug outs on weekdays and Saturdays, but they must be removed by the close of Saturday each week.

Shade cloth is not allowed to stay up on Sundays. Shade cloth must be no greater than what may be required to provide adequate coverage over dug outs. Shade cloth will be attached to dug out structure using clip on rings.

The City will determine if a shade cloth is past its useful life due to sun fade, rips, graffiti, etc. and will notify LEAGUE of said issue. LEAGUE will have 24 hours to remove said shade cloth. The CITY has the right to remove and dispose of any shade cloth that is not displayed following the above mentioned procedures. If LEAGUE does not remove or replace shade cloth as requested by CITY within 24 hours, CITY may prohibit use of fields and snack bar facilities to LEAGUE until request has been met. ii. Locks are issued by the City to secure areas of the park and have access to those areas such as snack bar shutters for maintenance. If locks are needed to replace a lost or damaged lock contact the City immediately. The League at no time shall use personal locks to secure any area. If a personal lock is found the League will be notified and will have 24 hours to remove it. If not removed the City will remove it by any means necessary and the City will not be held responsible for the League’s lock.

SECTION 2: CITY hereby agrees as follows:
a. To maintain the periphery of the premises, including shrubs and trees, and mow all grass on a year–round basis.
b. To pay for all water used on premises.
c. To have full control over watering the entire premises. LEAGUE shall not adjust or readjust or otherwise change the sprinkler system or water control facilities.
d. To provide emergency call–out telephone numbers for use by LEAGUE. A Contact List containing the emergency telephone numbers is attached. e. To provide to LEAGUE, inventory list of equipment in snack bar and meeting areas; to provide inspection of those areas and equipment at the end of the agreement period.
f. Upon approval of the Director of Human Services, LEAGUE's cleaning deposit shall rollover any unused monies into the next Agreement.

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g. To designate a CITY representative to work with LEAGUE on all non–mainte– nance issues relating to the use of CITY facilities.
h. To provide alarm service at no charge to LEAGUE.

NOW, THEREFORE, if any terms of this Agreement are not complied with, the Agreement will become null and void and the LEAGUE will be refused use of CITY facilities. 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 LEAGUE at least ten (10) days prior written notice.

APPROVED AND ADOPTED this 19th day of August, 2024.

LEAGUE: CITY:

MONTCLAIR LITTLE LEAGUE CITY OF MONTCLAIR
Name: Javier John Dutrey
President Mayor
Name:

Secretary
ATTEST:

Andrea M. Myrick
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 120 of 248 AGREEMENT NO. 24–68
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CITY OF MONTCLAIR

CONTACT LIST FOR SPORTS LEAGUES
SEPTEMBER 2024
Reason for
Contact Authority Contact TelephoneNumber
After–Hours/
Emergency
Montclair Police
Department Dispatch (909) 621–47719–1–1 (Emergency)
Sports League
Administration
City’s Sports League
Liaison
Fernando
Saltos (909) 625–9496
Building
Maintenance
Pub. Works
Facilities/Maint. Asst.

Manager
Mathew
Paradis
(909) 625–9443
Cell: (909) 721–1860
Grounds
Maintenance
Public Works
Operations Asst.

Manager
Alex
Cardona
(909) 625–9467
Cell: (909) 762–1372
Vandalism Public Works
Department (909) 625–9480
Graffiti
Removal
Graffiti Abatement
Hotline (909) 625–9429
MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 121 of 248 1 of 7
AGREEMENT NO. 24–69

WITH MONTCLAIR LITTLE LEAGUE

FOR USE OF KINGSLEY PARK
THIS AGREEMENT is made and entered into by and between the City of Montclair, hereinafter called "CITY," and Montclair Little League, hereinafter called "LEAGUE." This Agreement is contingent upon the LEAGUE fulfilling its prior contract's financial obligations and paying any and all outstanding invoices owed to the CITY. Use of any and all facilities listed herein may not be used until all fees have been paid.

WITNESSETH:

WHEREAS, CITY presently has a baseball field generally located at the northwest end of Kingsley Elementary School at Benson Avenue and Kingsley Street, Montclair, California, and
WHEREAS, said Park has been developed to provide areas for youth sports, on which premises LEAGUE desires to use for Junior/Senior Little League baseball practices and games at such times and hours set forth in Section 1(y). The term of this Agreement is for September 3, 2024 through December 28, 2024.

SECTION 1: LEAGUE hereby agrees as follows:
a. Provide CITY a list of all your participants and coaches. All must sign CITY approved waiver and submit to CITY liaison prior to participating. b. Not to use the premises for any other purpose, except as above indicated.

Opening and closing ceremonies will be permitted. Any other events or clinics will require written notice one month in advance for approval. The League shall not hold special events which conflict with City sponsored community special events.
c. Not to sublet the field.
d. Not to make any improvements or alterations or mow grass on said premises.
e. Not to charge for parking of vehicles in the parking lots located within CITY facilities and not to park in the fields or walkways.
f. Not to erect any barriers or fences of any kind unless approved by CITY. g. Not to use herbicides at the park for any purpose.

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h. Not to disconnect or make changes to existing phone line account. i. Not to allow hitting balls into the chain link fences for batting practice. j. To provide the CITY with a written list of all items to be stored in park buildings. No items should be stored in rest room facilities, except rest room supplies. Any items found to be stored in buildings without prior written authorization from the CITY will be removed by city crews with or without prior notice to LEAGUE. Any cost incurred by the CITY by removing, storing, or disposal of said property shall be the responsibility of LEAGUE. k. CITY to maintain restroom facilities and CITY to furnish all supplies for each well– maintained restroom. LEAGUE to police the entire premises after each day's use and pick up all paper, trash, and other debris that may have accumulated, and leave the premises in a condition deemed acceptable to CITY. This work shall be completed within two hours after an activity has ended. If the premises are not maintained as stated a contracted cleaning agency will be hired by the CITY and the LEAGUE will be responsible for all fees related to the service.
l. To maintain all equipment and appliances within the snack bar and snack bar building at all times. To clean all sinks, grills, screens, exhaust hoods, mop all floors and clean countertops and utensils after each day’s use and leave the snack bar in a condition deemed acceptable to CITY. The snack bar area should not be used for storage of any materials not pertaining to food items used for snack bar operations.
m. To ensure when a barbecue is used (a permit is required to be obtained by Department of Public Health), it is set up a minimum of ten feet away from any structure and LEAGUE must provide one fire extinguisher for each barbecue being used. All safety and health regulations set forth by the County of San Bernardino Department of Public Health must be followed.

LEAGUE must also ensure that a drip pan be used and ensure barbecue has completely cooled down before returning to storage in any CITY structure. n. To deposit, with the CITY representative, the sum of Three Hundred Dollars ($300) as a refundable cleaning deposit to ensure the proper care and cleanup of the snack bar, restrooms, meeting areas, towers, and equipment therein. At the end of the playing season, an inspection shall be conducted by CITY and LEAGUE representatives to ensure that all areas and CITY– owned equipment have been properly cared for, maintained and cleaned. All non–CITY–owned equipment, with exception of refrigerators, freezers, and ice machines shall be removed from snack bar areas. Refrigerators, freezers, and ice machines owned by LEAGUE shall be cleaned out, doors left open, and electrical turned off. Any food items left in the refrigerators and/or freezers will be discarded by the CITY. Ice machines owned by CITY shall be cleaned out, serviced, and maintained by CITY.
o. To conform to all safety and health regulations set forth by the County of San Bernardino Department of Public Health and register your snack bar as MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 123 of 248 AGREEMENT NO. 24–69
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Pre–packaged. Maintain all CITY–installed facilities and equipment in their original condition. Failure to comply with these requirements will result in a breach of this Agreement and the loss of the use of the premises. p. To follow proper call–out procedures in an emergency (an urgent need for assistance or some type of immediate action) by using only telephone numbers issued for this purpose. A Contact List containing the emergency telephone numbers is attached.
q. LEAGUE agrees to assist CITY in keeping order in the park area and to provide responsible supervision as may be necessary to prevent vandalism or malicious mischief to the property including for graffiti removal on buildings within 24 hours of notification, contact Graffiti Abatement Hotline at 625–9429 and report vandalism immediately to the Public Works Department at 625–9480. LEAGUE will not attempt to remove Graffiti or make repairs to building. LEAGUE shall furnish and supply personnel to conduct and supervise LEAGUE activities on the premises. r. If LEAGUE elects to use lights for activities conducted after dark, the CITY will provide electrical services associated with lights at no charge to the LEAGUE.
s. To deposit, with the CITY representative, the sum of Five Hundred Dollars ($500) as a security deposit, to ensure the proper and prompt payment of any incurred damages to facilities associated with the LEAGUE. In the event all potential damages are paid by the end of this Agreement term, the deposit will be refunded.
t. To provide the CITY representative with a list of the Board of Directors including names, addresses, and telephone numbers.
u. To provide CITY with participant rosters, practice and game schedules.

Fields will be allocated to the League accordingly. The City reserves the right to allocate any field not in use by the League. Also, sixty percent of league participants must live in Montclair and provide verification such as registration forms.
v. To provide CITY with financial statements upon request for audit purposes. w. To designate one individual as the LEAGUE's representative to work with the CITY's representative.
x. This Agreement is subject to the terms and conditions of any master lease CITY may have with another public agency of which LEAGUE had knowledge. y. It is agreed that LEAGUE may use said baseball fields from September 3, 2024, through December 28, 2024, Mondays through Fridays generally commencing at 4:00 p.m. and Saturdays generally commencing at 8:00 a.m.. No games or activities will be conducted past 9:45 p.m.

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z. PUBLIC LIABILITY AND PROPERTY DAMAGE: Throughout the term of this Agreement, at LEAGUE's sole cost and expense, LEAGUE shall keep, or cause to be kept in full force and effect for the mutual benefit of CITY and LEAGUE comprehensive, broad form, general public liability insurance against claims and liabilities for personal injury, death, or property providing proof of at least One Million Dollars ($1,000,000) for bodily injury or death to any one person or for any one accident or occurrence and at least Three Hundred Thousand Dollars ($300,000) for property damage. All insurance required by this Agreement shall be carried only by responsible insurance companies duly admitted to transact business in the State of California and shall name as additional insured the CITY, its elected officials, officers, employees, and agents. All policies shall contain language, to the extent obtainable, to the effect that (1) the insurer and the insured waive the right of subrogation against CITY and CITY's elected officials, officers, employees, and agents; (2) the policies are primary and noncontributing with any insurance that may be carried by CITY; and (3) they cannot be canceled or materially changed except after thirty (30) days' notice in writing by the insurer to CITY by certified mail. LEAGUE shall furnish CITY with copies of such policies promptly upon receipt of them, or certificate(s) evidencing the insurance. aa. INDEMNIFICATION: LEAGUE shall defend, indemnify, and save harmless CITY, its elected and appointed officials, officers, agents, and employees from all liability from loss, damage, or injury to persons or property including the payment by LEAGUE of any and all legal costs and attorneys' fees in any manner arising out of any negligent or intentional or willful acts or omissions of the LEAGUE in the activities, use, or occupancy of the PREMISES including, but not limited to, all consequential damages to the maximum extent permitted by law.
bb. It is understood and agreed that there is no relationship of employer– employee for Workers' Compensation purposes between CITY and any person connected with the LEAGUE, unless such person is otherwise regularly employed by and conducting official business of CITY. cc. To conduct all operations in compliance with the Americans with Disabilities Act.
dd. LEAGUE shall provide CITY with at least two (2) weeks' notice for room reservations for use of CITY facilities for LEAGUE meetings. ee. LEAGUE may place banners up on weekdays and Saturdays, but they must be removed by the close of Saturday each week. Banners are not allowed to stay up on Sundays. Banners must be no greater than 3’X 5’. Banners will be attached to outfield chain link fence using clip on rings. Banner clearance from turf is a minimum of 2”. The City will determine if a banner is past its useful life due to sun fade, rips, graffiti, etc. and will notify LEAGUE of said issue. LEAGUE will have 24 hours to remove said banner. The CITY has the right to remove and dispose of any banner that is not displayed following the above mentioned procedures.

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ff. LEAGUE may place shade cloth as necessary to dug outs on weekdays and Saturdays, but they must be removed by the close of Saturday each week.

Shade cloth is not allowed to stay up on Sundays. Shade cloth must be no greater than what may be required to provide adequate coverage over dug outs. Shade cloth will be attached to dug out structure using clip on rings.

The City will determine if a shade cloth is past its useful life due to sun fade, rips, graffiti, etc. and will notify LEAGUE of said issue. LEAGUE will have 24 hours to remove said shade cloth. The CITY has the right to remove and dispose of any shade cloth that is not displayed following the above mentioned procedures. If LEAGUE does not remove or replace shade cloth as requested by CITY within 24 hours, CITY may prohibit use of fields and snack bar facilities to LEAGUE until request has been met. gg. Locks are issued by the City to secure areas of the park and have access to those areas such as snack bar shutters for maintenance. If locks are needed to replace a lost or damaged lock contact the City immediately. The League at no time shall use personal locks to secure any area. If a personal lock is found the League will be notified and will have 24 hours to remove it. If not removed the City will remove it by any means necessary and the City will not be held responsible for the League’s lock.

SECTION 2: CITY hereby agrees as follows:
a. To maintain the periphery of the premises, including shrubs and trees, and mow all grass on a year–round basis.
b. To pay for all water used on premises.
c. To have full control over watering the entire premises. LEAGUE shall not adjust or readjust or otherwise change the sprinkler system or water control facilities.
d. To provide emergency call–out telephone numbers for use by LEAGUE. A Contact List containing the emergency telephone numbers is attached. e. To provide to LEAGUE, inventory list of equipment in snack bar and meeting areas; to provide inspection of those areas and equipment at the end of the agreement period.
f. Upon approval of the Director of Human Services, LEAGUE's cleaning deposit shall rollover any unused monies into the next Agreement. g. To designate a CITY representative to work with LEAGUE on all non– maintenance issues relating to the use of CITY facilities. h. To provide alarm service at no charge to LEAGUE.

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NOW, THEREFORE, if any terms of this Agreement are not complied with, the Agreement will become null and void and the LEAGUE will be refused use of CITY facilities. 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 LEAGUE at least ten (10) days prior written notice.

APPROVED AND ADOPTED this 19th day of August, 2024.

LEAGUE: CITY:

MONTCLAIR LITTLE LEAGUE CITY OF MONTCLAIR
Name: Javier John Dutrey
President Mayor
Name:

Secretary
ATTEST:

Andrea M. Myrick
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 127 of 248 AGREEMENT NO. 24–69
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CITY OF MONTCLAIR

CONTACT LIST FOR SPORTS LEAGUES
SEPTEMBER 2024
Reason for
Contact Authority Contact TelephoneNumber
After–Hours/
Emergency
Montclair Police
Department Dispatch (909) 621–47719–1–1 (Emergency)
Sports League
Administration
City’s Sports League
Liaison
Fernando
Saltos (909) 625–9496
Building
Maintenance
Pub. Works
Facilities/Maint. Asst.

Manager
Mathew
Paradis
(909) 625–9443
Cell: (909) 721–1860
Grounds
Maintenance
Public Works
Operations Asst.

Manager
Alex
Cardona
(909) 625–9467
Cell: (909) 762–1372
Vandalism Public Works
Department (909) 625–9480
Graffiti
Removal
Graffiti Abatement
Hotline (909) 625–9429
MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 128 of 248 1 of 7
AGREEMENT NO. 24–70

WITH MONTCLAIR GOLDEN GIRLS SOFTBALL LEAGUE

FOR USE OF VERNON PARK
THIS AGREEMENT is made and entered into by and between the City of Montclair, hereinafter called "CITY," and Montclair Little League, hereinafter called "LEAGUE." This Agreement is contingent upon the LEAGUE fulfilling its prior contract's financial obligations and paying any and all outstanding invoices owed to the CITY. Use of any and all facilities listed herein may not be used until all fees have been paid.

WITNESSETH:

WHEREAS, CITY presently has softball fields (the east and west fields) generally located at the southeast corner of the Vernon Junior High School complex, south of the corner of Benson Avenue and San Bernardino Street, Montclair, California; and WHEREAS, said Park has been developed to provide areas for youth sports, on which premises LEAGUE desires to use for girls softball practices and games at such times and hours set forth in Section 1(y). The term of this Agreement is for September 3, 2024 through December 28, 2024.

SECTION 1: LEAGUE hereby agrees as follows:
a. Provide CITY a list of all your participants and coaches. All must sign CITY approved waiver and submit to CITY liaison prior to participating. b. Not to use the premises for any other purpose, except as above indicated.

Opening and closing ceremonies will be permitted. Any other events or clinics will require written notice one month in advance for approval. The League shall not hold special events which conflict with City sponsored community special events.
c. Not to permit practice sessions in the southeast quadrant of the field; to provide specific written notice to each coach and, in turn, obtain written confirmation from each coach.
d. Not to sublet the field.
e. Not to make any improvements or alterations or mow grass on said premises.
f. Not to charge for parking of vehicles in the parking lots located within CITY facilities and not to park in the fields or walkways.

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g. Not to erect any barriers or fences of any kind unless approved by CITY. h. Not to use herbicides at the park for any purpose.
i. Not to disconnect or make changes to existing phone line account j. To provide the CITY with a written list of all items to be stored in park buildings. No items should be stored in rest room facilities, except rest room supplies. Any items found to be stored in buildings without prior written authorization from the CITY will be removed by city crews with or without prior notice to LEAGUE. Any cost incurred by the CITY by removing, storing, or disposal of said property shall be the responsibility of LEAGUE. k. CITY to maintain restroom facilities and CITY to furnish all supplies for each well– maintained restroom. LEAGUE to police the entire premises after each day's use and pick up all paper, trash, and other debris that may have accumulated, and leave the premises in a condition deemed acceptable to CITY. This work shall be completed within two hours after an activity has ended. If the premises are not maintained as stated a contracted cleaning agency will be hired by the CITY and the LEAGUE will be responsible for all fees related to the service.
l. To maintain all equipment and appliances within the snack bar and snack bar building at all times. To clean all sinks, grills, screens, exhaust hoods, mop all floors and clean countertops and utensils after each day’s use and leave the snack bar in a condition deemed acceptable to CITY. The snack bar area should not be used for storage of any materials not pertaining to food items used for snack bar operations.
m. To ensure when a barbecue is used (a permit is required to be obtained by Department of Public Health), it is set up a minimum of ten feet away from any structure and LEAGUE must provide one fire extinguisher for each barbecue being used. All safety and health regulations set forth by the County of San Bernardino Department of Public Health must be followed.

LEAGUE must also ensure that a drip pan be used and ensure barbecue has completely cooled down before returning to storage in any CITY structure. n. To deposit, with the CITY representative, the sum of Three Hundred Dollars ($300) as a refundable cleaning deposit to ensure the proper care and cleanup of the snack bar, restrooms, and equipment therein. At the end of the playing season, an inspection shall be conducted by CITY and LEAGUE representatives to ensure that all areas and CITY–owned equipment have been properly cared for, maintained and cleaned. All non–CITY–owned equipment, with exception of refrigerators, freezers, and ice machines shall be removed from snack bar areas. Refrigerators, freezers, and ice machines owned by LEAGUE shall be cleaned out, doors left open, and electrical turned off. Any food items left in the refrigerators and/or freezers will be discarded by the CITY. Ice machines owned by CITY shall be cleaned out, serviced, and maintained by CITY.

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o. To conform to all safety and health regulations set forth by the County of San Bernardino Department of Public Health and register your snackbar as Pre–packaged. Maintain all CITY–installed facilities and equipment in their original condition. Failure to comply with these requirements will result in a breach of this Agreement and the loss of the use of the premises. p. To be responsible for all costs as a result of lost or stolen keys. q. LEAGUE agrees to assist CITY in keeping order in the park area and to provide responsible supervision as may be necessary to prevent vandalism or malicious mischief to the property including for graffiti removal on buildings within 24 hours of notification, contact Graffiti Abatement Hotline at 625–9429 and report vandalism immediately to the Public Works Department at 625–9480. LEAGUE will not attempt to remove Graffiti or make repairs to building. LEAGUE shall furnish and supply personnel to conduct and supervise LEAGUE activities on the premises. r. If LEAGUE elects to use lights for activities conducted after dark, the CITY will provide electrical services associated with lights at no charge to the LEAGUE.
s. To deposit, with the CITY representative, the sum of Five Hundred Dollars ($500) as a security deposit, to ensure the proper and prompt payment of any incurred damages to facilities associated with the LEAGUE. In the event all potential damages are paid by the end of this Agreement term, the deposit will be refunded.
t. To provide the CITY representative with a list of the Board of Directors including names, addresses, and telephone numbers.
u. To provide CITY with participant rosters, practice and game schedules.

Fields will be allocated to the League accordingly. The City reserves the right to allocate any field not in use by the League. Also, sixty percent of league participants must live in Montclair and provide verification such as registration forms.
v. To provide CITY with financial statements upon request for audit purposes. w. To designate one individual as the LEAGUE's representative to work with the CITY's representative.
x. This Agreement is subject to the terms and conditions of any master lease CITY may have with another public agency of which LEAGUE had knowledge. y. It is agreed that LEAGUE may use said baseball fields from September 3, 2024, through December 28, 2024, Mondays through Fridays generally commencing at 4:00 p.m. and Saturdays generally commencing at 8:00 a.m.. No games or activities will be conducted past 9:45 p.m.

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z. PUBLIC LIABILITY AND PROPERTY DAMAGE: Throughout the term of this Agreement, at LEAGUE's sole cost and expense, LEAGUE shall keep, or cause to be kept in full force and effect for the mutual benefit of CITY and LEAGUE comprehensive, broad form, general public liability insurance against claims and liabilities for personal injury, death, or property providing proof of at least One Million Dollars ($1,000,000) for bodily injury or death to any one person or for any one accident or occurrence and at least Three Hundred Thousand Dollars ($300,000) for property damage. All insurance required by this Agreement shall be carried only by responsible insurance companies duly admitted to transact business in the State of California and shall name as additional insured the CITY, its elected officials, officers, employees, and agents. All policies shall contain language, to the extent obtainable, to the effect that (1) the insurer and the insured waive the right of subrogation against CITY and CITY's elected officials, officers, employees, and agents; (2) the policies are primary and noncontributing with any insurance that may be carried by CITY; and (3) they cannot be canceled or materially changed except after thirty (30) days' notice in writing by the insurer to CITY by certified mail. LEAGUE shall furnish CITY with copies of such policies promptly upon receipt of them, or certificate(s) evidencing the insurance. aa. INDEMNIFICATION: LEAGUE shall defend, indemnify and save harmless CITY, its elected and appointed officials, officers, agents, and employees from all liability from loss, damage, or injury to persons or property including the payment by LEAGUE of any and all legal costs and attorneys' fees in any manner arising out of any negligent or intentional or willful acts or omissions of the LEAGUE in the activities, use, or occupancy of the PREMISES including, but not limited to, all consequential damages, to the maximum extent permitted by law.
bb. It is understood and agreed that there is no relationship of employer– employee for Workers' Compensation purposes between CITY and any person connected with the LEAGUE, unless such person is otherwise regularly employed by and conducting official business of CITY. cc. To conduct all operations in compliance with the Americans with Disabilities Act.
dd. LEAGUE shall provide CITY with at least two (2) weeks' notice for room reservations for use of CITY facilities for LEAGUE meetings. ee. LEAGUE may place banners up on weekdays and Saturdays, but they must be removed by the close of Saturday each week. Banners are not allowed to stay up on Sundays. Banners must be no greater than 3’X 5’. Banners will be attached to outfield chain link fence using clip on rings. Banner clearance from turf is a minimum of 2”. The City will determine if a banner is past its useful life due to sun fade, rips, graffiti, etc. and will notify LEAGUE of said issue. LEAGUE will have 24 hours to remove said banner. The CITY has the right to remove and dispose of any banner that is not displayed following the above mentioned procedures.

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ff. LEAGUE may place shade cloth as necessary to dug outs on weekdays and Saturdays, but they must be removed by the close of Saturday each week.

Shade cloth is not allowed to stay up on Sundays. Shade cloth must be no greater than what may be required to provide adequate coverage over dug outs. Shade cloth will be attached to dug out structure using clip on rings.

The City will determine if a shade cloth is past its useful life due to sun fade, rips, graffiti, etc. and will notify LEAGUE of said issue. LEAGUE will have 24 hours to remove said shade cloth. The CITY has the right to remove and dispose of any shade cloth that is not displayed following the above mentioned procedures. If LEAGUE does not remove or replace shade cloth as requested by CITY within 24 hours, CITY may prohibit use of fields and snack bar facilities to LEAGUE until request has been met. gg. Locks are issued by the City to secure areas of the park and have access to those areas such as snack bar shutters for maintenance. If locks are needed to replace a lost or damaged lock contact the City immediately. The League at no time shall use personal locks to secure any area. If a personal lock is found the League will be notified and will have 24 hours to remove it. If not removed the City will remove it by any means necessary and the City will not be held responsible for the League’s lock.

SECTION 2: CITY hereby agrees as follows:
a. To maintain the periphery of the premises, including shrubs and trees, and mow all grass on a year–round basis.
b. To pay for all water used on premises.
c. To have full control over watering the entire premises. LEAGUE shall not adjust or readjust or otherwise change the sprinkler system or water control facilities.
d. To provide emergency call–out telephone numbers for use by LEAGUE.

A Contact List containing the emergency telephone numbers is attached.
e. Upon approval of the Director of Human Services, LEAGUE's cleaning deposit shall rollover any unused monies into the next Agreement. f. To designate a CITY representative to work with LEAGUE on all non– maintenance issues relating to the use of CITY facilities.

NOW, THEREFORE, if any terms of this Agreement are not complied with, the Agreement will become null and void and the LEAGUE will be refused use of CITY facilities. The CITY may at any time, for any reason, with or without cause, suspend or MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 133 of 248 AGREEMENT NO. 24–70
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terminate this Agreement, or any portion hereof, by serving upon the LEAGUE at least ten (10) days prior written notice.

APPROVED AND ADOPTED this 19th day of August, 2024.

LEAGUE: CITY:

GOLDEN GIRLS SOFTBALL CITY OF MONTCLAIR
Name: Javier John Dutrey
President Mayor
Name:

Secretary
ATTEST:

Andrea M. Myrick
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 134 of 248 AGREEMENT NO. 24–70
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CITY OF MONTCLAIR

CONTACT LIST FOR SPORTS LEAGUES
SEPTEMBER 2024
Reason for
Contact Authority Contact TelephoneNumber
After–Hours/
Emergency
Montclair Police
Department Dispatch (909) 621–47719–1–1 (Emergency)
Sports League
Administration
City’s Sports League
Liaison
Fernando
Saltos (909) 625–9496
Building
Maintenance
Pub. Works
Facilities/Maint. Asst.

Manager
Mathew
Paradis
(909) 625–9443
Cell: (909) 721–1860
Grounds
Maintenance
Public Works
Operations Asst.

Manager
Alex
Cardona
(909) 625–9467
Cell: (909) 762–1372
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MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 135 of 248

CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 19, 2024
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 8
FILE I.D.: EQS100/TAX425
DEPT.: ECONOMIC DEV.

PREPARER: M. FUENTES
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 24–71 WITH CHAPLAIN OF THE STREETS FOR THE LEASE OF A CITY–OWNED PROPERTY, SUBJECT TO ANY REVISIONS DEEMED

NECESSARY BY THE CITY ATTORNEY
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 24–71 with Chaplain of the Streets for the lease of a City–owned property, 9661 Central Avenue, to serve as the professional and administrative offices of Chaplain of the Streets.

A copy of proposed Agreement No. 24–71 is attached for the City Council’s review and consideration.

BACKGROUND: In 2023, the Economic Development Agency (Agency) purchased 9661 Central Avenue (Property), as part of the Agency’s efforts of acquiring underutilized parcels of land and buildings for future site assemblage. The Agency has acquired several parcels and buildings along Central Avenue as part of the Agencies’ efforts in revitalizing the Central Avenue Corridor. These parcels and buildings were acquired either for future site assemblage, or for use by the Montclair Housing Authority’s low– moderate income affordable housing program.

Upon acquisition of property, the Agency initiated a small rehabilitation project as the Property was in relatively good condition and severed as a former insurance office. With the recent rehabilitation project completed, the Agency has elected to lease the Property until future plans can be developed as to how the Property and adjacent City owned parcels may be developed.

The City of Montclair owns two parcels that are immediately to the south and east of the Property. The property immediately to the south, 9671 Central Avenue is a former beauty salon and the property to the east, 5326 San Bernardino Street, is the former City Hall building, commonly known as the Hurst property.

It should be noted that the City of Montclair approved Agreement No. 24–60 with Set Free Ministries, for lease of two offices at 9661 Central Avenue to serve as the professional and administrative offices of Set Free Ministries. In effect, 9661 Central Avenue would serve as the City of Montclair’s Homeless Outreach Office if Agreement No. 24–71 is approved.

Proposed Lease Agreement No. 24–71
Proposed Agreement No. 24–71 would be a lease agreement between the City of Montclair and Chaplain of the Streets for lease of a City owned property, 9661 Central Avenue, to serve as the professional and administrative offices of Chaplain of the Streets MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 136 of 248 The key terms of Proposed Agreement No. 24–71 include the following:
 The term of the lease shall be for one year, with the option to extend the lease for four additional successive one year terms under terms that are mutually satisfactory to both the City of Montclair and Chaplain of the Streets.  Chaplain of the Streets shall pay $28,800.00 rent per year to the City of Montclair for use of the Property.
 Chaplain of the Streets maybe charged a discounted rent of $1.00 per year, if Set Chaplain of the Streets elects to provide designated services to the City of Montclair. The discounted rent, if elected, would be applicable for any year, or portion thereof, during which Chaplain of the Streets conducts the designated services for the City of Montclair.
 Designated Services that would allow Chaplain of the Streets to request a rent reduction include accompanying the City’s Special Operations Unit on Homeless Outreach Detail a minimum of twenty–five (25) hours per week as well as respond to special requests/calls for service from the Special Operations Unit regarding homeless individuals and/or families in need of assistance.  The Chaplain of the Streets agrees to use the property only for administrative and professional office space in relation to homeless outreach services which may include, but are not limited to providing resources and services related to housing, employment, healthcare, and mental health services for the at large homeless population.

Chaplain of the Streets
Chaplain of the Streets, is a faith–based organization dedicated to helping those in need within the Inland Empire. Chaplain of the Streets was founded in 2022, by Dianna Delgado, after the passing of her son Danny Delgado.

Chaplain of the Streets visits individuals experiencing homelessness where they are on the streets, at shelters, motels, or at encampments. Chaplain of the Streets helps by providing homeless individuals find financial assistance, housing, and medical care by connecting them with county programs, healthcare providers, and other local service organizations.

In addition, Chaplain of the Streets partners with various businesses to provide non– perishable food items and personal hygiene products to those individuals experiencing homelessness.

FISCAL IMPACT: Adoption of proposed Agreement No. 24–71 would allow for Chaplain of the Streets to lease a City owned property at 9661 Central Avenue.

Chaplain of the Streets would pay a lease payment of $28,800 annually for lease of the Property unless Chaplain of the Streets elects to apply for a discounted rent which would reduce the lease amount to $1.00 annually.

The City of Montclair would continue to be responsible for all maintenance of the Property including grounds and utilities costs.

MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 137 of 248 RECOMMENDATION: Staff recommends the City Council approve Agreement No. 24–71 with Chaplain of the Streets for the lease of a City–owned property, subject to any revisions deemed necessary by the City Attorney.

MONTCLAIR CITY COUNCIL MEETING – 08/19/2024 Page 138 of 248 Agreement No. 24-71