Agenda packet — Montclair City Council, August 15, 2022 (part 1 of 3)

CITY OF MONTCLAIR

CITY COUNCIL

SUCCESSOR REDEVELOPMENT AGENCY,

MONTCLAIR HOUSING CORPORATION, MONTCLAIR

HOUSING AUTHORITY, AND MONTCLAIR COMMUNITY

FOUNDATION MEETINGS
AGENDA
MONDAY, AUGUST 15, 2022
7:00 p.m.

Location
Council Chamber
5111 Benito Street
Montclair, CA 91763
Webinar Link
https://zoom.us/j/93717150550
Dial #
1–669–900–6833
Meeting ID
937–1715–0550
Mayor
Javier “John” Dutrey
Mayor Pro Tem
Bill Ruh,
Council Members
Tenice Johnson
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 15, 2022
7:00 p.m.

Remote Participation Information:

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

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

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

III. PLEDGE OF ALLEGIANCE
IV. ROLL CALL
V. PRESENTATIONS
A. Recognition of the California 52nd Assembly District Veteran of the Year, Woman of the Year, and Business of the Year
VI. PUBLIC COMMENT
During Public Comment, you may comment on any subject that does not appear on this agenda. Each speaker has up to five minutes. The meeting’s presiding officer may provide more or less time to accommodate speakers with special needs or a large number of speakers waiting in line. (Government Code Section 54954.3).

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

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

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MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 1 of 292 Page No.

VII. PUBLIC HEARINGS
A. Consider Adoption of Resolution No. 22–3366 Making Findings Pursuant to the California Environmental Quality Act and Approving Tentative Parcel Map No. 20474 and a Precise Plan of Design for a Proposed 302–Unit Residential Apartment Development Within the North Montclair Downtown Specific Plan on

9.96 Acres Located Approximately 200 Feet West of the Intersection of Monte Vista Avenue and Richton Street, West of the San Antonio Creek Channel at 4700 Huntington Drive [CC] 5
B. Second Reading — Consider Adoption of Ordinance No. 22–999 Adding Chapter 4.76 to Title 4 of the Montclair Municipal Code Related to Imposing a Cannabis Business License Tax (Subject to Final Approval by the Voters at the November 8, 2022 General Municipal Election) [CC] 56
VIII. CONSENT CALENDAR
A. Approval of Minutes

1. Regular Joint Meeting — August 1, 2022 [CC/SA/MHC/MHA/MCF] 284 B. Administrative Reports

1. Consider Receiving and Filing of Treasurer’s Report [CC] 65

2. Consider Approval of Warrant Register & Payroll Documentation [CC] 66

3. Consider Receiving and Filing of Treasurer’s Report [SA] 67

4. Consider Approval of Warrant Register [SA] 68

5. Consider Receiving and Filing of Treasurer’s Report [MHC] 69

6. Consider Approval of Warrant Register [MHC] 70

7. Consider Receiving and Filing of Treasurer’s Report [MHA] 71

8. Consider Approval of Warrant Register [MHA] 72

9. Consider Authorizing the Destruction of Certain Obsolete Public Records Pursuant to the City of Montclair Records Retention Schedule [CC] 73

10. Consider Authorizing the Purchase of a Vactor CNG 2110 Plus Sewer Cleaner Truck from Haaker Equipment Co. [CC]
Consider Declaring a 2004 International Combo Sewer Truck (Unit 314) as Surplus and Available for Auction [CC] 77
C. Agreements

1. Consider Amending the 2019–2024 Capital Improvement Program to Include the Holt Boulevard Median and Street Rehabilitation Project [CC] Consider Approval of Agreement No. 22–84 with HR Green Pacific for the Preparation of Plans and Specifications for the Construction of Median and Street Rehabilitation Improvements on Holt Boulevard From Ramona Avenue to Benson Avenue, Subject to Any Revisions Deemed Necessary by the City Attorney [CC]
Consider Approval of Agreement No. 22–85 with AGA Engineers, Inc. for the Preparation of Plans and Specifications for the Construction of Traffic Signals Upgrades and Traffic Signal Interconnect and Broadband Fiber Optic Improvements, Subject to Any Revisions Deemed Necessary by the City Attorney [CC]
MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 2 of 292 Page No.

Consider Authorizing a $503,000 Appropriation from 2021 Lease Revenue Bond Proceeds for Costs Related to Agreement Nos. 22–84 and 22–85 [CC]
Consider Authorizing a $45,829.25 Design Services Contingency for the Project [CC] 80

2. Consider Approval of Agreement Nos. 22–86, 22–87, and 22–88 with Montclair Little League and Golden Girls Softball League for Use of Ball Field Facilities, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] 141

3. Consider Approval of Agreement No. 22–89 with San Bernardino County for Access to the Sheriff’s Automated Systems, Subject to Any Revisions Deemed Necessary by the City Attorney [CC]
Consider Authorizing Executive Director of Public Safety/Police Chief Robert Avels to Sign Agreement No. 22–89 [CC] 163

4. Consider Approval of Agreement No. 22–90 with the San Bernardino County Office of Homeless Services to Accept an Award for the Homeless Housing, Assistance, and Prevention Program Round 2 (HHAP2), Subject to Any Revisions Deemed Necessary by the City Attorney [CC] Consider Authorizing the City Manager to Sign Agreement No. 22–90 and Any Other Related Documents to Effectuate Related Programs [CC] 174 D. Resolutions

1. Consider Adoption of Resolution No. 22–3342 Approving Agreement No. 22–26, an Affordable Housing Agreement Between the City, MHC, and MHA; Authorizing the Transfer of Certain Real Property located at 5072 Moreno Street to the Montclair Housing Authority; and Declaring the Real Property to be Exempt Surplus Land [CC]
Consider Adoption of Montclair Housing Authority Resolution No. 22–01 Approving Agreement No. 22–26, an Affordable Housing Agreement, and Accepting the Transfer of Certain Real Property from the City of Montclair [MHA]
Consider Adoption of Montclair Housing Corporation Resolution No. 22– 01 Approving Agreement No. 22–26, an Affordable Housing Agreement [MHC]
Consider Authorization of a $40,000 Appropriation from the Housing Trust Fund for Rehabilitation of the Property Located at 5072 Moreno Street [MHC] 213

2. Consider Adoption of Resolution No. 22–3376 Making Factual Findings in Compliance with AB 361 for the Continuation of Public Meeting Teleconferencing During Public Health Emergencies for the Period of August 15, 2022, through September 14, 2022 [CC] 279
IX. PULLED CONSENT CALENDAR ITEMS
X. COMMUNICATIONS
A. Department Reports — None XXXXXXXXXXXXX
MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 3 of 292 Page No.

B. City Attorney

1. Request for City Council to Meet in Closed Session Pursuant to Government Code Section 54956.8 Regarding Real Property Negotiations [CC] Properties: APNs 1009–383–17–0000 and 1009–391–20–0000
Negotiating Parties: City of Montclair, Boyce and Green Inc. Ownership, and Cynthia L. Cox City Negotiator: 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. Personnel Committee Meeting — August 1, 2022 [CC] 283 XI. CLOSED SESSION
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 6, 2022, at 7:00 p.m.

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

If you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (909) 625–9416 or e–mail [email protected]. Notification prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35.102–35.104 ADA Title II)
I, Andrea M. Myrick, City Clerk, hereby certify that I posted, or caused to be posted, a copy of this Agenda not less than 72 hours prior to this meeting on the City’s website at https://www.cityofmontclair.org/agendas/ and on the bulletin board adjacent to the north door of Montclair City Hall at 5111 Benito Street, Montclair, CA 91763 on Thursday, August 11, 2022.

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 4 of 292

CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 15, 2022
SECTION: PUBLIC HEARINGS
ITEM NO.: A
FILE I.D.: LDU375
DEPT.: COMMUNITY DEV.

PREPARER: M.DIAZ
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 22–3366 MAKING FINDINGS PURSUANT

TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND APPROVING TENTATIVE PARCEL MAP NO. 20474 AND A PRECISE PLAN OF DESIGN FOR A PROPOSED 302–

UNIT RESIDENTIAL APARTMENT DEVELOPMENT WITHIN THE NORTH MONTCLAIR DOWNTOWN SPECIFIC PLAN ON 9.96 ACRES LOCATED APPROXIMATELY 200 FEET

WEST OF THE INTERSECTION OF MONTE VISTA AVENUE AND RICHTON STREET, WEST OF THE SAN ANTONIO CREEK CHANNEL AT 4700 HUNTINGTON DRIVE REASON FOR CONSIDERATION: All land use and design review entitlements within the boundaries of the North Montclair Downtown Specific Plan (NMDSP) require City Council review and approval. The City Council is requested to consider adoption of Resolution No. 22–3366 making findings pursuant to the California Environmental Quality Act and approving Tentative Parcel Map No. 20474 and a Precise Plan of Design for a proposed 302–unit residential apartment development within the NMDSP at the above–referenced location. A copy of proposed Resolution No. 22–3366 is attached for City Council consideration.

BACKGROUND: Montclair Station Apartments, LLC is proposing to build a 302–unit residential apartment community on approximately 9.96 acres of vacant land (former location for Vulcan Building Materials). The site is within the boundaries of the NMDSP and is zoned Corridor Residential (CR). The proposed project requires approval of a Tentative Parcel Map and a Precise Plan of Design. On June 27, 2022, the Planning Commission conducted a public hearing on the proposed project and by a unanimous vote of 5–0 recommended the City Council make findings pursuant to the California Environmental Quality Act, and approve the project under Case No. 2021–33 (Pursuant to Planning Commission Resolution No. 22–1969).

Project Description
Tentative Parcel Map No. 20474 (Exhibit A) subdivides the 9.96–acre site into three separate numbered parcels and a single–lettered parcel for a public street. The layout of the subdivision incorporates a central elongated private loop street (with parallel parking) where community open space areas and amenities for the project are located.

A secondary loop drive aisle is proposed to allow direct access to attached garages, uncovered parking spaces, trash enclosures, and emergency vehicles.

Tentative Parcel Map No. 20474
Parcel No. Proposed Use Area (SF) Area (Acres)
1 Residential (On–site Parking) 337,321 SF 7.74 Acres
2 Residential (On–site Parking) 64,930 SF 1.49 Acres
3 Public Park 18,673 SF 0.43 Acres
A Public Street 13,082 SF 0.30 Acres
Total 434,006 SF 1 9.96 Acres
1Site extends to the centerline of the San Antonio Creek Channel on the east side of the property.

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 5 of 292 Lot 3, located at the northeast corner of the site, will be dedicated to the City for use as a public park. The park site is approximately 18,673 SF in size and is in an ideal location to serve as the trailhead location for the existing Pacific Electric Trail and the proposed San Antonio Creek Trail. Amenities for the park will be determined after plans have been prepared for City review and approval, and may include seating, a fenced dog park area, and landscaping.

The new public street, Lot A, on the north side of the project site would be named Huntington Drive and connect eastward to Monte Vista Avenue by means of a new bridge to replace the existing bridge over the San Antonio Creek Channel. Eventually, the new street segment will connect with the existing Huntington Drive right–of–way located west of the project site per the NMDSP. The new street right–of–way will be 40 feet in width and designed as a neighborhood street with only two lanes of travel. On–street public parking will be limited to the south side of the new street. The new bridge at the channel will be located where the existing bridge is with only minor adjustments to its width and geometry to align with the new Huntington Drive improvements. Details concerning the design of the new bridge are not yet complete and are subject to the Army Corps of Engineers’ review and approval, a process that would commence following the City Council decision on the project.

Moreover, the Montclair Station project does not involve any changes to the existing conditions on Huntington Drive west of the project’s westernmost boundary. Possible future changes to improve Huntington Drive to the west will be part of a separate project with input and coordination with the cities of Claremont and Upland, SCBTA, and Huntington Drive residents. The City has recently obtained a consultant to undertake the project and to make recommendations for consideration.

Precise Plan of Design (Exhibit B)
Montclair Station is designed around a central looping street and second drive aisle linking the project’s 17 residential and amenity buildings and open spaces, as further described below:

Montclair Station — Summary of Building Types
Parcel No. of Buildings Stories Unit Type
Parcel 1
7 – Residential (Flats)1 3 and 4 256 Dwelling Units some w/attached garages
4 – Amenity Buildings 1
Fitness Center (2,198 SF)
Community Center (3,038 SF)
Pool and Building (921 SF)
Office and Mail Building (1,890 SF)
Parcel 2 6 – Residential
(Townhouses)2
3 46 Dwelling Units w/attached
garages
1 Flat – an individual residence on one floor level within a larger building containing a number of such residential units.
2 Townhouse – a multi–floor residential unit sharing one or two walls with adjacent townhouse units but with their own entrances.

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 6 of 292 Montclair Station – Summary of Unit Mix and Sizes
Floor Plan 1 Size Range Number of Units
Studio /1 Bath +/– 558 s.f. 24 Units
1 Bedrooms/1 Bath +/– 713 to 841 s.f. 168 Units
2 Bedrooms/2 – 2.5 Baths +/– 1,037 to 1,536 s.f. 80 Units Townhome 3 bedrooms/3 Baths +/– 1,590 and 1,810 s.f. 30 Units Total 302 units
1 Each unit will have a private patio or balcony space of varying sizes depending on location. Private patios at ground level would be defined by low decorative walls and landscaping.

Townhouse units on Parcel 2 will be oriented toward Huntington Drive on the north. At 302 units, the project density will be 30 dwelling units per acre.

Six covered trash enclosures for the project are located around the site in close proximity to the buildings. Access to each trash enclosure would be from the private street and drive aisles serving the project where solid waste trucks can have direct access.

Parking
Parking provided for the project is 531 spaces located in attached garages, tandem spaces, on surface parking areas, and on private streets. The developer has not requested a reduction in the number of parking spaces.

Montclair Station – On – Site Parking Summary
Use Required Spaces Provided Spaces
Unit
(@ 1.5. Spaces per Unit) 453 Spaces
216 Garage Spaces
30 Open Tandem Spaces1
206 Open Spaces
Guests2
(@1 space per 4 Units) 76 Spaces 77 Spaces
Totals 529 Spaces 529 Spaces
1 Tandem spaces assigned to the same dwelling unit.
2Chapter 5.4.010.A.3.1 of the NMDSP allows on–street parking located along the frontage of a development to count towards short–term guest parking requirement. Street parking is not assignable to units within the project.

As a standard requirement for projects in the NMDSP, a Parking Management Plan (PMP) is required to manage parking for the project. The on–site manager of the property management company hired for the development will administer the PMP. As part of the initial rental application process, each applicant receives written notice of the project’s parking management plan for the complex. All executed lease agreements will contain the entire PMP as an exhibit to the lease agreement, including a signed acknowledgment that the resident(s) agree to the terms of the PMP.

Architectural Style
The vision for Montclair Station is for a Modern Farmhouse aesthetic. According to the project architect, the Modern Farmhouse aesthetic combines the sleek clean lines of contemporary design with the traditional materials of the farmhouse to create a uniquely fresh take on the country living–inspired style. The Modern Farmhouse style exhibits warmth and simplicity, characterized by natural textures and materials such as horizontal wood–looking siding, vertical board & batten siding, decorative black iron accents, dark–colored window frames, and simple gabled–roof forms with dark–colored shingles. The color palette is more monochromatic in nature in different shades of white, gray, and black. Wood tone accents add warmth to the design.

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 7 of 292 Special articulation and detailing occur near the base of the taller buildings to help identify the ground floor unit entry points and lower the apparent scale of these buildings. The townhouses offer a unique feature for the residents by providing small front yards or enclosed patios with brightly colored unit entry doors that march along the main street or along a wide paseo that connects to the main central street.

Landscaping/Hardscape
The landscape and irrigation plans for the project, include a varied selection and distribution of drought–tolerant plant materials that are intended to complement the architecture of the buildings. Within the central paseo open space area, the landscape theme is customized further around each amenity building. In addition to plant materials, these spaces will include several decorative elements such as group seating and tables, string lighting, benches, potted plants, grills, fire pits, community garden beds, enhanced paving materials/finishes, etc.

The proposed tree list includes Willow, Magnolia, London Plane, Western Redbud, Strawberry tree, Crape Myrtle, Oak, Olive, and Citrus trees. The shrub list includes various shrubs, ornamental grasses, and succulents. The landscape plan also includes Crape Myrtle parkway trees along Huntington Drive and trees facing the Metrolink and Gold Line railways. Irrigation of all planter areas will be by means of a water–efficient irrigation system featuring a Smart Weather–Based Controller, root–watering bubblers for trees, and efficient pressure–compensating module drip emitters. Lastly, a Water Budget, as required by state law, has been prepared for project landscaping and irrigation.

Copies of the site plan, floor plans, elevations, renderings, and conceptual landscape plan are included in the City Council’s packets. The full set of plans associated with this project are also available to download from the following link:
https://cloud.cityofmontclair.org/main.html?download&weblink=2e481376775f6f 38b75e8242ce542657&realfilename=Case 2021%2D33 Montclair Station Architectural Plans PM%2Epdf
Planning Division Comments
Staff finds the project to be well designed, visually attractive, and consistent with the intent and design goals of the NMDSP. The project also makes good use of a large property that is generally out of view and currently not easily accessed. The size and shape of the site is sufficient to accommodate the proposed project without need for variances and the layout of buildings and open space areas is appropriate without overbuilding the site. Moreover, the proposed parcel map design is appropriate and a logical means for supporting the anticipated development of the site. The proposed parcel sizes are of adequate size and dimension for the intended development and the street configuration will provide good access and allow for appropriate internal pedestrian and vehicular circulation. The proposed public street within the project boundaries will be fully improved and serve to implement the eventual goal of a linked street system that promotes walkability and connectivity to adjacent properties and uses, including the Transcenter and future Gold Line extension.

Precise Plan of Design
Over the past year, the applicant has worked closely with staff and the City’s architectural design consultant to ensure the project is in accordance with the development standards MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 8 of 292 and design guidelines of the NMDSP. None of the buildings are excessively large and detailing is extended to all sides. The tallest buildings are four stories high and are concentrated on the east side of the property where they will have no impact on existing residences or other uses, while the remainder of the buildings on the site are three stories high.

The Modern Farmhouse style of the project will add a distinctive development for the City and be consistent with existing and newer developments nearby to the north and southeast. Staff believes exterior colors and materials selected for the project are well suited to the design and consistent with the high expectations for projects within the NMDSP. Moreover, the project will be visually attractive to passengers on Metrolink and future Gold Line trains as they pass through the City.

The proposed landscaping plan, including hardscape elements, is well done and complementary to the proposed architecture and planning of the property. The central paseo will provide future residents with convenient access to the open space, community buildings, and landscape amenities. Moreover, when the public neighborhood park at the northeast corner of the site is completed, it will provide a key connection point to the existing and emerging pedestrian and bicycle trail network in the immediate area.

Plant materials are drought tolerant, well distributed around the site, and add visual interest. However, staff believes further refinement of the landscape plan for the new street and along the south boundary of the site is necessary to ensure the selection of tree and their placement are appropriately considered. Staff believes these adjustments are minor in nature and easily addressed during the plan–check review process. A condition addressing this matter is included in the proposed resolution.

Parking and Parking Management Plan
As indicated above, parking for the project meets the requirements of the NMDSP.

Parking spaces are available across the site and are in close proximity to the units. Since the internal street at the center of the project is private, the applicant is allowed to use all parallel parking spaces for short–term guest parking. The developer may also utilize street parking on Huntington Drive adjacent to their site for short–term guest parking as well, but may not assign any of the spaces on the public street to any residential units.

Lastly, the required Parking Management Plan (PMP) for the project will be instrumental in ensuring that parking for the project is controlled in a professional manner at all times. Ultimately, the successful implementation of the PMP rests entirely on the owner and the Property Management Company’s diligent efforts to administer all of its provisions. The applicants are aware of the City’s concerns about properly addressing parking. A condition of approval requiring the completion and City approval of a PMP prior to the issuance of building permits for the project is included in the resolution of approval prepared for the project.

Property Maintenance/Management
An on–site, professional property management company with an on–site manager is required for the project. The property management company will oversee all management, leasing, and maintenance functions for the community. As part of the project approval, the applicant will also be required to record an Operations Agreement against the entire property providing for the perpetual maintenance of all buildings and improvements, including roadways, retaining walls, drainage facilities, and water and sewer systems.

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 9 of 292 City staff is also working with a consultant to implement a Community Facilities District (CFD), which would overlay the subject site. The establishment of a CFD has been a requirement since the NMDSP was adopted to provide the means for collecting funds to maintain public improvements such as curb and gutter, sidewalks, paving, streetlights, street sweeping, signage, street furniture, and landscaping in the public right–of–way.

Completion and City approval of the CFD will be a condition of approval and required prior to completion of the project.

Public Comment from Surrounding Property Owners
At the June 27, 2022, Planning Commission meeting, three persons representing property owners from the Huntington Drive community west of the project site provided public comment. The speakers, Al Villanueva (Arbol Verde Preservation Committee), Lydia Henry, and Steven Schulz, spoke on behalf of the residents and made the following points:
 Insufficient notice to properties in the City of Claremont across Claremont Boulevard (outside the mandatory 300’ notification radius).  Concern about traffic (vehicles and trucks) and speeding resulting from the eventual connection of Huntington Drive from Monte Vista Avenue to Claremont Boulevard. Some of the attendees expressed their preference to keep Huntington Drive closed to through traffic.
 Negative air quality impacts to existing residences and users of the Pacific Electric Trail from new vehicular traffic on Huntington Drive.
 Lack of sewer service in their area nor the means to obtain it on their own, stating this situation limits the opportunity to make improvements to their properties.  Neighborhood security and proper management at the new project.  Adverse historical impacts to the neighborhood and their efforts to preserve the area.
 Need for more time to obtain and read the Environmental Impact Report (EIR) and Supplemental EIR (SEIR) documents related to the North Montclair Downtown Specific Plan.

In response to the comments made, representatives from Trammel Crow Residential (TCR) offered to meet with the residents before the item was scheduled for City Council consideration.

Meeting at El Barrio Park (Claremont)
At the request of Mr. Villanueva representing local residents, Directors Diaz and Heredia attended a meeting on July 5, 2022, at El Barrio Park (Claremont) to speak with approximately 15 residents from Huntington Drive and other interested persons from the surrounding area regarding the project. During the meeting, residents reiterated the concerns identified at the Planning Commission meeting, and asked new questions regarding eminent domain and future improvements. Directors Diaz and Heredia, responded to the questions raised, and noted that the eventual western extension of Huntington Drive has been a goal of the NMDSP since its adoption in 2006.

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 10 of 292 In addition, City staff informed the group that the City had retained a consultant to design Huntington Drive beyond the Montclair Station project as part of a separate, but related, project. This process would begin shortly and directly involve the residents on Huntington Drive, the cities of Claremont and Upland, and the San Bernardino County Transit Authority (SBCTA), which owns the Pacific Electric Trail. Currently, the Montclair properties on Huntington Drive have no direct east access to the remainder of the City and are only accessible from Claremont Boulevard to the west in the City of Claremont.

Lastly, in response to a Public Records Act request from Mr. Villanueva, staff provided copies of the NMDSP and related environmental documents (EIR and SEIR) on July 6 and 7, 2022, as requested. Due to the size of the documents, staff sent Mr. Villanueva electronic versions or links to the documents.

Meeting at Montclair Civic Center
A second meeting to discuss the project with representatives from TCR and City staff was held on July 27, 2022, at 4:00 p.m. in the Theater Room at the Montclair Civic Center.

As representatives for the Huntington Drive community, Director Diaz sent notice of the meeting via email on July 21, 2022, directly to Mr. Villanueva and Ms. Henry, and spoke to Mr. Johnny Dominquez by telephone requesting them to notify residents of the meeting. Due to other commitments, Mr. Villanueva and Ms. Henry indicated they could not attend. Mr. Villanueva had requested to be the contact for the residents who attended the meeting at El Barrio Park.

At the July 27, 2022, meeting three individuals associated with the Huntington Drive neighborhood attended the meeting including Mr. Dominguez and Mr. and Mrs.

Gonzales. During the meeting, Director Diaz and TCR representatives, Alec Schiffer and Reese Petersen, presented an overview of the proposed project, reviewed plans, and responded to questions. Also in attendance were Director of Economic Development Fuentes, Director of Public Works Heredia (via telephone), and Senior Planner Gutierrez.

Mr. Dominguez indicated he was not opposed to the Montclair Station project, but that he preferred Huntington Drive west of the proposed project stay as is without being connected. He also provided copies of written concerns from him and Ms. Henry regarding the potential impacts of making Huntington Drive open to vehicular access.

Staff explained that the portion of Huntington Drive to the north of the Montclair Station project would be 40 feet in overall width and classified as a neighborhood street with a speed limit of 25 miles per hour. The street would have two lanes of travel (one per direction) with parking only on one side (south) adjacent to the project site. The street parking spaces would be for public use and would not be assignable to any residents.

TCR representatives indicated their shared concerns for a well–planned area and safe street improvements, including the use of appropriate traffic calming measures (e.g., speed humps, signs, etc.) to keep speeds low and maintain orderly traffic flow. TCR also indicated their support for the following:
 An extension of the sewer line serving their project to the west boundary of the site to provide a possible future connection point at least for a couple of properties at the east end of Huntington Drive.
 A contribution of funds to prepare a technical Sewer Study to evaluate options for providing sewer service to the properties on the south side of Huntington Drive.

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 11 of 292  A recognition of the historic Huntington Drive community by including or contributing to the placement of interpretive/commemorative signs, or public art in the area.
 A fully landscaped and tree–lined street for the full length of Huntington Drive, beginning with their project that adds new trees and landscaping to visually improve their site and contribute to the improvement of air quality for the area.  A payment of a fair share contribution to street improvements at the intersection of Huntington Drive and Claremont Boulevard necessitated by the separate street improvement study/plan for the existing portion of Huntington Drive.

Findings for Tentative Parcel Map No. 20474
A. The proposed subdivision is designed, to the extent feasible, to provide for passive or natural heating or cooling opportunities. Proposed buildings on the site are generally oriented, spaced, and designed to allow for access to adequate light and air. Each unit will have operable windows to allow for passive cooling provided by seasonal winds. Currently, the site is barren with no trees or vegetation but when completed the project will include several landscaped open space areas at the center of the site, courtyards adjacent to each building, a community building and pool where trees and vegetation will provide shade, air filtering, and other environmental benefits. Moreover, the project will provide tree–lined streets and a public park for shade, air filtering, and other environmental benefits.

B. The proposed subdivision and the provisions for its design and improvement are consistent with the General Plan for the City of Montclair ("General Plan") and the North Montclair Downtown Specific Plan (NMDSP):

1. The Tentative Parcel Map would provide for the development of the site with land uses that are consistent with the land use classification for the subject site by the General Plan. The overall goal of the General Plan is to promote good planning practices and orderly development within the City and to recognize the potential of specific areas for special treatment. More specifically, the “Planned Development” land use classification of the site by the General Plan recognizes the proximity to the existing transit center and the potential for development into a viable and thriving transit–oriented community. Therefore, the proposed project’s design and improvements would be consistent with the General Plan land use designation for the site.

2. The Tentative Parcel Map would provide for land uses compatible with the "Corridor Residential" land use classification for the subject site in the NMDSP.

Moreover, the map and project design is of a high quality and consistent with the high expectations for improvements for projects within the NMDSP planning area.

Moreover, the project will provide adequate and well–situated open space areas between the proposed structures in the project, and sufficient setbacks as required by the NMDSP and from adjacent single–family residential units on the west boundary of the site. When completed the project site will be connected to fully improved MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 12 of 292 streets that provide good access and allow for appropriate internal pedestrian and vehicular circulation. The proposed public street within and serving the project will be fully improved and serve to implement the eventual goal of a linked street system that promotes walkability and connectivity to adjacent properties and uses, including the Transcenter and future Gold Line extension platform.

D. The subdivision design and improvements proposed in the Tentative Parcel Map is not likely to cause substantial environmental damage nor substantially injure fish, wildlife, or their habitat. The site is surrounded by urban development, streets, and regional railways, does not contain any bodies of water, and is not linked to any wildlife corridors. Although the site abuts the existing San Antonio Creek flood control channel, the project will not affect the facility in any way. Lastly, the project site is completely devoid of any existing plant communities and does not contain any known habitats of significance including rare or endangered species of plant, animal, or insect life. New trees and landscaping will be added with the project.

E. The subdivision design and type of improvements proposed in the Tentative Parcel Map are not likely to cause serious public health problems because all development and public improvements are subject to the requirements of all applicable standards and codes including the zoning and building codes. As a condition of approval, the applicant is required to submit an acoustical analysis demonstrating that interior noise standards of each unit will comply with Municipal Code requirements and applicable Mitigation Measures identified in the Montclair Supplemental Environmental Impact Report (SEIR) for the NMDSP.

F. The subdivision design and type of improvements proposed in the Tentative Parcel Map will not conflict with any easements acquired by the public at large for access through or use of the subject site. There are no existing easements allowing for public access on or through the subject site.

G. The discharge of waste into the existing sanitary sewer system from the development proposed in the Tentative Parcel Map will not cause a violation of existing requirements prescribed by the regional water quality control board. The entire project will be required to connect to a sanitary sewage system pursuant to California Plumbing Code and Municipal Code requirements. Sewer mains exist in the Monte Vista Avenue rights–of–way and are in close proximity to the site to facilitate ease of connection.

Precise Plan of Design Findings
A. The proposed 302–unit residential apartment project is consistent with the "Planned Development" land use designation of the City’s General Plan Land Use Map, and specifically the "Corridor Residential" (CR) land use designation of the North Montclair Downtown Specific Plan. The CR land use district allows for higher density residential projects in appropriate locations as indicated on NMDSP land use map. The proposed project will be on a large vacant parcel that when developed will provide both pedestrian and vehicular links to the west in the City and the cities of Claremont and Upland, and be within easy walking distance of the Montclair Transcenter and other developed streets within the NMDSP planning area.

B. The proposed project would result in a significant improvement to the appearance of the area by developing a large vacant site that formerly was once home to an unattractive and noisy industrial use into a well–designed residential community. The project will make efficient use of the vacant dusty site and comply with the intent and MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 13 of 292 applicable development standards of the NMDSP. The 302 dwelling units on the

9.96–acre site amounts to 30 dwelling units per acre consistent with the "Corridor Residential" 30–50 dwelling units per acre density range.

C. The site plan, building form, massing, and heights are appropriate for the site and will contribute to the advancement of the design goals and policies and ongoing formation of the streetscape and development pattern envisioned by the NMDSP.

Building placement, orientation to the streets, all work to create a distinctive living environment.

Features and architectural details, including the distribution of windows and doors, which add appropriate visual interest, pedestrian scale, result in a distinctive and pleasing appearance. The use of quality exterior materials and finishes, appropriate lighting and landscape materials, all complement the project.

Public Notice
This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper on June 17, 2022 for the July 27, 2022 Planning Commission meeting. Per State law, public hearing notices are required for property owners within a 300–foot radius from the boundaries of the site. At the request of City staff, the applicant extended the notice area to include all the properties on Huntington Drive up to Claremont Boulevard. By extending to Claremont Boulevard, the notice area was 200–500 feet further to the west and northwest of the project site where adjacent residences are located. At the time the Planning Commission report was prepared, Mr. Villanueva and the owner of an adjacent multi–family development in the City of Upland contacted staff to inquire about the project.

Although the cities of Claremont and Upland do not have jurisdiction over the proposed project, staff sent a copy of the staff report via email to their respective Directors of Community Development. To date, staff has not received new comments from these communities regarding the Montclair Station project.

Notice of the City Council’s August 15, 2022 public hearing and review of the project proposal was published in the Inland Valley Daily Bulletin newspaper on August 5, 2022.

Public hearing notices were mailed on August 4, 2022, to the same property owners within the area described above and those who attended subsequent meetings and/or emailed staff with an interest in the project and provided a mailing address. Since the June 27, 2022 Planning Commission meeting and subsequent neighborhood meetings on July 5 and 27, 2022, staff has received three written comments about the proposal, which are attached to the report as Exhibit C.

FISCAL IMPACT: Increases in property values from new construction will yield increased property tax revenue. Other revenue sources include utility user taxes related to new residents using utility services, vehicle license fees related to the registration of vehicles to City addresses, and sales taxes generated from new residents shopping and dining locally. Further, building, planning, and engineering fees paid by the developer will reimburse the City for costs associated with entitling the project; park development fees for public green space; and traffic/development impact fees, which largely benefit the San Bernardino County Transportation Authority. School impact fees that benefit the Ontario–Montclair School District and Chaffey Joint Union High School District, and MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 14 of 292 impact fees by the Inland Empire Utility Agency (IEUA) will provide funds for IEUA facilities expansion, with 10 percent of this fee collected for expansion of the City sewer system.

Lastly, to offset the cost of providing City services delivered to the project such as street maintenance and public safety services, a Community Facilities District (CFD) for the project is required. The project’s location near the Montclair Police Station (northwest corner of Arrow Highway and Monte Vista Avenue) and Fire Station No. 151 (southeast corner of Arrow Highway and Monte Vista Avenue) is anticipated to minimize costs associated with demand for, and/or delivery of, public safety services.

RECOMMENDATION: Staff recommends the City Council adopt Resolution No. 22–3366 making findings pursuant to the California Environmental Quality Act and approving a Precise Plan of Design for a proposed 302–unit residential apartment project within the North Montclair Downtown Specific Plan on 9.96 acres located approximately 200 feet west of the intersection of Monte Vista Avenue and Richton Street, west of the San Antonio Creek Channel at 4700 Huntington Drive.

Attachments to Report

1. Exhibit A – Tentative Parcel Map No. 20474

2. Exhibit B – Montclair Station Design Plans (Selected Images)

3. Exhibit C – Public Comments Received

4. Resolution No. 22–3366

5. Exhibit A to Resolution — Conditions of Approval
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EXHIBIT A
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EXHIBIT B
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EXHIBIT C
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RESOLUTION NO. 22–3366

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MONTCLAIR MAKING FINDINGS PURSUANT TO THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND
APPROVING TENTATIVE PARCEL MAP NO. 20474 AND
A PRECISE PLAN OF DESIGN UNDER CASE NO. 2021–33
FOR A 302–UNIT RESIDENTIAL DEVELOPMENT ON 9.96

ACRES WITHIN THE NORTH MONTCLAIR DOWNTOWN
SPECIFIC PLAN (APN 1007–722–03)
WHEREAS, Montclair Station Apartments LLC, filed an application on October 21, 2021, for a Tentative Parcel Map, and Precise Plan of Design under Case No. 2021–33 (Application) to construct a 302–unit apartment community on 9.96 acres: and WHEREAS, the application applies to the 9.96–acre site located approximately 200 feet west of the intersection of Monte Vista Avenue and Richton Street, west of the San Antonio Creek Channel. Current address is 4700 Huntington Drive (APN 1007–722–03); and
WHEREAS, the project site is located in the “Corridor Residential” zone of the North Montclair Downtown Specific Plan (NMDSP) area; and WHEREAS, Tentative Parcel Map No. 20474 would subdivide the 9.96–acre project site into three numbered parcels (one for a public park) and one lettered parcel (for road purposes) for the project, within the North Montclair Downtown Specific Plan (NMDSP) area; and
WHEREAS, a Precise Plan of Design is requested for the overall site plan, floor plans, elevations, colors, materials, conceptual landscape plan, and associated site plan improvements for the 302–unit residential development; and WHEREAS, the proposed development consists of 14 multi–story residential buildings (some with attached garage units), four single story amenity buildings, a 0.43– acre public park/open space area, and on–site parking; and WHEREAS, on May 15, 2006, the Montclair City Council adopted the NMDSP, establishing guidelines for development on numerous parcels of land totaling approximately 150 acres in area; and
WHEREAS, on March 20, 2017, the Montclair City Council approved an amendment to the NMDSP, thereby expanding the boundaries and updating the standards of the NMDSP; and
WHEREAS, on March 20, 2017, the City Council certified Supplemental Environmental Impact Report (SCH# 2016101001) (“SEIR”) for the updated and amended North Montclair Downtown Specific Plan (hereafter Specific Plan); and WHEREAS, in connection with its consideration of the SEIR, the City Council adopted a Mitigation Monitoring and Reporting Program, and adopted a Statement of Overriding Considerations for the updated and amended Specific Plan; and WHEREAS, in connection with its consideration of the SEIR, the City Council adopted a Mitigation Monitoring and Reporting Program, and adopted a Statement of Overriding Considerations for the updated and amended Specific Plan; and WHEREAS, pursuant to State CEQA Guidelines, Section 15162, the City of Montclair (City) has prepared an analysis of the proposed Montclair Station project modification to determine whether subsequent environmental review is required in light of the North Montclair Downtown Specific Plan Amendment Project Final Supplemental Environmental Impact Report (SCH No. 2009091021); and
WHEREAS, based on the consistency analysis prepared, the Montclair Station project would be consistent with the original North Montclair Downtown Specific Plan Amendment Project Final Supplemental Environmental Impact Report (SCH No. 2009091021) certified by the City of Montclair City Council on March 20, 2017 [Resolution No. 17–3147] and would not result in new impacts or any substantial changes to any significant effects previously, identified; and WHEREAS, no subsequent environmental review is required for the Montclair Station project; and
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WHEREAS, on June 17, 2022, the City gave public notice of the City of Montclair’s Planning Commission’s (“Planning Commission”) public hearing on the proposed project by advertisement in a newspaper of general circulation, and posted the public notice at City Hall, and mailed to all property owners within 300 feet of the project boundaries; and
WHEREAS, at the request of City staff, the notice area was expanded to include all the properties on Huntington Drive up to Claremont Boulevard. By extending to Claremont Boulevard, the notice area was 200–500 feet further to the west and northwest of the project site where adjacent residences are located; and WHEREAS, on June 20, 2022, the City Council’s Real Estate subcommittee previewed the project proposal; and
WHEREAS, on June 27, 2022, the Planning Commission conducted a duly noticed public hearing on the proposed project at which time all persons wishing to testify in connection with the project were heard and said Tentative Parcel Map and Precise Plan of Design for the proposed 302–unit apartment community was fully studied; and WHEREAS, on June 27, 2022, the Planning Commission, by a vote of 5–0–0 recommended that the City Council approve Tentative Parcel Map No. 20474 and Precise Plan of Design subject to the conditions of approval contained in the Draft City Council Resolution No. 22–3366 prepared for the project, pursuant to Planning Commission Resolution No. 22–1968; and
WHEREAS, on August 5, 2022, the City gave public notice of the City Council’s public hearing by advertisement in a newspaper of general circulation, and posted the public notice at City Hall, and mailed to all property owners within 300 feet of the project site; and
WHEREAS, the notice area was expanded to include all the properties on Huntington Drive up to Claremont Boulevard. By extending to Claremont Boulevard, the notice area was 200–500 feet further to the west and northwest of the project site where adjacent residences are located; and
WHEREAS, the City Council conducted a duly noticed public hearing on the project on August 15, 2022, at which time all interested parties were provided an opportunity to give testimony for or against the proposal; and
WHEREAS, staff has found that the subject proposal complies with the guidelines and development standards outlined in the NMDSP; and
WHEREAS, the NMDSP requires final City Council review and approval of all entitlements for projects within the boundary of the NMDSP; and WHEREAS, the City Council finds the requested entitlements to be consistent with the adopted General Plan and the NMDSP and following good planning principles; and WHEREAS, based on the entire record before the City Council and all written and oral evidence presented, the City Council finds the proposed project complies with the California Environmental Quality Act (CEQA) for the reasons set forth in this Resolution.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Montclair does hereby find and determine as follows:

SECTION 1. Based upon the facts and information contained in the application, together with all written and oral reports included for the environmental assessment for the application, the City Council finds that the proposed project is exempt from further environmental review pursuant to State CEQA Guidelines, Section 15162 based on the following findings of fact:

A. On March 20, 2017, the City Council certified a Supplemental Environmental Impact Report (SEIR) for the amended and updated North Montclair Downtown Specific Plan project.

B. The proposed apartment community consists of 302 units and is undertaken pursuant to and in conformity with the density and design standards of the NMDSP.

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C. None of the conditions requiring subsequent environmental review called out in State CEQA Guidelines, Section 15162 are present. Specifically,

1. Substantial changes are not proposed in the project that would require major revisions of the SEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and

2. Substantial changes with respect to the circumstances under which the project is undertaken that would require major revisions to the SEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects have not occurred; and

3. New information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the SEIR was certified or adopted, as applicable, showing any of the following, has not come to light: (i) that the project would have one or more significant effects not discussed in the earlier environmental documentation; (ii) that significant effects previously examined would be substantially more severe than shown in the earlier environmental documentation; (iii) that mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects, but the applicant declined to adopt such measures; or (iv) that mitigation measures or alternatives considerably different from those previously analyzed would substantially reduce one or more significant effects on the environment, but which the applicant declined to adopt.

D. In addition, and in the alternative, the proposed project is exempt from CEQA pursuant to Government Code Section 65457 because it is a residential development project that implements and is consistent with the NMDSP Amendment Project Final Supplemental Environmental Impact Report.

E. Based on these findings and all evidence in the record, the City Council finds that no additional environmental review is required in connection with the City's consideration of Case No. 2021–33 for the proposed tentative parcel map and 302–unit apartment community development.

SECTION 2. Based on the entire record before the City Council, all written and oral evidence presented to the City Council, and the findings and recitals set forth in this Resolution, the City Council approves Tentative Parcel Map No. 20474 and a Precise Plan of Design under Case No. 2021–33 for a 302–unit apartment community, subject to the conditions of approval set forth in the attached Exhibit "A" and as depicted in the submitted site plan, elevations, and renderings submitted by Montclair Station Apartments LLC, and dated April 6, 2022.

SECTION 3. Pursuant to California Government Code Section 66410, et seq., based on the entire record before the City Council and all written and oral evidence presented to the City Council, the City Council finds as follows with respect to the approval of the Tentative Parcel Map No. 20474:

Findings for Tentative Parcel Map No. 20474

A. The proposed subdivision is designed, to the extent feasible, to provide for passive or natural heating or cooling opportunities. Proposed buildings on the site are generally oriented, spaced, and designed to allow for access to adequate light and air. Each unit will have operable windows to allow for passive cooling provided by seasonal winds. Currently, the site is barren with no trees or vegetation but when completed the project will include several landscaped open space areas at the center of the site, courtyards adjacent to each building, a community building and pool where trees and vegetation will provide shade, air filtering, and other environmental benefits. Moreover, the project will provide tree–lined streets and a public park for shade, air filtering, and other environmental benefits.

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B. The proposed subdivision and the provisions for its design and improvement are consistent with the General Plan for the City of Montclair ("General Plan") and the North Montclair Downtown Specific Plan (NMDSP):

1. The Tentative Parcel Map would provide for the development of the site with land uses that are consistent with the land use classification for the subject site by the General Plan. The overall goal of the General Plan is to promote good planning practices and orderly development within the City and to recognize the potential of specific areas for special treatment. More specifically, the “Planned Development” land use classification of the site by the General Plan recognizes the proximity to the existing transit center and the potential for development into a viable and thriving transit– oriented community. Therefore, the proposed project’s design and improvements would be consistent with the General Plan land use designation for the site.

2. The Tentative Parcel Map would provide for land uses compatible with the "Corridor Residential" land use classification for the subject site in the NMDSP. Moreover, the map and project design is of a high quality and consistent with the high expectations for improvements for projects within the NMDSP planning area.

C. The subject site is physically suitable for the type and density of development proposed in the Tentative Parcel Map given the overall size of the property. The site is 9.96 acres in overall area, is of a configuration that has sufficient width and depth, and has no drastic slope or grade elevation issues to inhibit orderly site development. Moreover, the project will provide adequate and well–situated open space areas between the proposed structures in the project, and sufficient setbacks as required by the NMDSP and from adjacent single–family residential units on the west boundary of the site. When completed the project site will be connected to fully improved streets that provide good access and allow for appropriate internal pedestrian and vehicular circulation. The proposed public street within and serving the project will be fully improved and serve to implement the eventual goal of a linked street system that promotes walkability and connectivity to adjacent properties and uses, including the Transcenter and future Gold Line extension platform.

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The discharge of waste into the existing sanitary sewer system from the development proposed in the Tentative Parcel Map will not cause a violation of existing requirements prescribed by the regional water quality control board. The entire project will be required to connect to a sanitary sewage system pursuant to California Plumbing Code and Municipal Code requirements. Sewer mains exist in the Monte Vista Avenue rights–of–way and are in close proximity to the site to facilitate ease of connection.

SECTION 4. Based on the entire record before the City Council and all written and oral evidence presented to the City Council, the City Council finds as follows with respect to the approval of a Precise Plan of Design under Case No. 2021–33:

A. The proposed 302–unit residential apartment project is consistent with the "Planned Development" land use designation of the City’s General Plan Land Use Map, and specifically the "Corridor Residential" (CR) land use designation of the North Montclair Downtown Specific Plan. The CR land use district allows for higher density residential projects in appropriate locations as indicated on NMDSP land use map. The proposed project will be on a large vacant parcel that when developed will provide both pedestrian and vehicular links to the west in the City and the cities of Claremont and Upland, and be within easy walking distance of the Montclair Transcenter and other developed streets within the NMDSP planning area.

B. The proposed project would result in a significant improvement to the appearance of the area by developing a large vacant site that formerly was once home to an unattractive and noisy industrial use into a well–designed residential community. The project will make efficient use of the vacant dusty site and comply with the intent and applicable development standards of the NMDSP. The 302 dwelling units on the 9.96–acre site amounts to 30 dwelling units per acre consistent with the "Corridor Residential" 30–50 dwelling units per acre density range.

D. The proposed architectural design of the project as indicated on submitted plans is well done, attractive, and complementary to recent development in the area. The design is consistent with the architectural style guidelines depicted in the NMDSP. Features and architectural details, including the distribution of windows and doors, which add appropriate visual interest, pedestrian scale, result in a distinctive and pleasing appearance. The use of quality exterior materials and finishes, appropriate lighting and landscape materials, all complement the project.

SECTION 5. Pursuant to Section 66412.3 of the Government Code, based on the entire record before the City Council and all written and oral evidence presented to the City Council, the City Council finds the subdivision and improvements proposed will help the City of Montclair to meet its regional housing needs as the project proposes the construction of 302 residential units, which will help the City meet its identified housing unit RHNA allocation.

SECTION 6. Based on the entire record before the City Council and all written and oral evidence presented to the City Council, the City Council finds the nature and extent of the dedications, reservations, impact fees, and other exactions are reasonably related to public needs and roughly proportional to the impacts created by the subdivision and improvements proposed in the Tentative Parcel Map. In addition, several conditions, including conditions relating to the imposition of operational covenants for the rental development are necessary to assure the development maintains compliance with City general plan and zoning standards.

SECTION 7. The location and custodian of the documents and any other material that constitute the record of proceedings upon which the City Council based its decision is as follows: Director of Community Development, Community Development Department, City of Montclair, 5111 Benito Street, Montclair, California 91763, or by telephone at (909) 625–9477.

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SECTION 8. City Council directs City staff to cause a Notice of Determination to be filed and posted with the County Clerk within five working days of the adoption of this Resolution.

SECTION 9. Effective Date. This Resolution shall become effective upon its adoption.

APPROVED AND ADOPTED this XX day of XX, 2022.

Mayor
ATTEST:

City Clerk
I, Andrea Myrick, City Clerk of the City of Montclair, DO HEREBY CERTIFY that Resolution No. 22–3366 was duly adopted by the City Council of said city and was approved by the Mayor of said city at a regular meeting of said City Council held on the XX day of XX, 2022, and that it was adopted by the following vote, to–wit:

AYES: XX
NOES: XX
ABSTAIN: XX
ABSENT: XX
Andrea M. Myrick
City Clerk
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EXHIBIT A
City Council Resolution No. 22–3366
Case No. 2021–33
Montclair Station – Project Approvals & General Conditions

GENERAL CONDITIONS

1. The approval for the Montclair Station project includes the following elements:
a. Tentative Parcel Map No. 20474, subdividing a 9.96–gross acre site into three numbered lots (one for a public park), and one lettered lot (for road purposes), related to the development of a 302–unit apartment community on the subject site located approximately 200 feet west of the intersection of Monte Vista Avenue and Richton Street, west of the San Antonio Creek Channel (APN 1007–722–03), with associated on–and off–site public improvements, attached hereto as Exhibit A.
b. A Precise Plan of Design (PPD) approving the site plan, floor plans, elevations, colors and materials, conceptual landscape plan, and public park space associated with the construction of the project as described in the staff report and depicted on approved plans on file with the Planning Division and generally depicted in Exhibit B.

2. The above entitlements are granted based upon the maps, plans and elevations submitted by Montclair Station Apartments LLC, and dated April 6, 2022.

However, final design review shall be required pursuant to Section 5.1.050.2 of the NMDSP upon the submittal of construction drawings for the project, to review road, trail, building, park, and architectural construction design, details, and standards. Such review is intended to ensure high quality development and to prevent misunderstanding during the construction process. The Director of Community Development shall conduct the review in consultation with the City’s reviewing architect. Costs to conduct architectural review shall be reimbursed to the City pursuant to Reimbursement Agreement No. 21–53 between the Owner and the City.

3. This approval shall supersede any and all previously approved entitlements for the subject project site.

4. Any modification, intensification, or expansion of the use beyond that which is specifically approved by the aforementioned entitlements and that is not reflected in the map, plans, and drawings approved with this action by the City Council shall require review and approval by the City Council.

5. In the event that exhibits and written conditions are inconsistent, the written conditions shall prevail.

6. The applicant/owner shall be required to pay any applicable fees as shown below; within five (5) days of approval by the City Council:

a. A check in the amount of $50, payable to "Clerk of the Board of Supervisors," to cover the filing fee for the Notice of Exemption (NOE) as required by the California Environmental Quality Act (CEQA).

b. A check in the amount of $628.11, payable to "City of Montclair," to cover the actual cost of publishing a Notice of Public Hearing in a newspaper of general circulation (Inland Valley Daily Bulletin) as required by state law for the Planning Commission review on June 27, 2022; and

c. A check in the amount of $563.80, payable to "City of Montclair," to cover the actual cost of publishing a Notice of Public Hearing in a newspaper of general circulation (Inland Valley Daily Bulletin) as required by state law for City Council review on August 15, 2022.

7. In establishing and conducting the subject use, the applicant shall at all times comply with any and all laws, ordinances and regulations of the City of Montclair, the County of San Bernardino and the State of California. Approval of the MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 32 of 292 Exhibit A to Resolution No. 22–3366 Page 2 of 24
Tentative Parcel Map and PPD shall not waive compliance with any such requirements.

8. Applicant/Owner shall comply with all applicable Mitigation Measures as contained in the North Montclair Downtown Specific Plan Amendment Project Supplemental EIR (dated January 2017); including but not limited to mitigation measures regarding Tribal Cultural Resources (Mitigation Measure F and G); and Noise (construction and post construction), etc.

9. Notice to Applicant/Owner/Subdivider: The conditions of approval for this Project include certain fees, dedication requirements, reservation requirements, and/or other exactions more specifically described in the conditions of approval herein.

The subdivider/applicant is hereby notified that the 90–day protest period to challenge such items has begun as of the date of the project approval. For purposes of this notice, “project approval” shall mean the date that the City Council approves the application for the Tentative Parcel Map referenced in Condition No. 1, and Precise Plan of Design for the Project. All impact fees shall be due and payable at the time stated in the adopted ordinance, resolution or policy adopting and imposing such fees, or at the time building permits are issued. If the applicant fails to file a protest regarding any of the fees, dedications, reservations, or other exaction requirements as specified in Government Code §66020, the subdivider/applicant shall be legally barred from later challenges.

10. The applicant/owner/subdivider shall reimburse the City for the legal costs associated with the preparation/review of any agreements and covenants required by these conditions prior to the time of their initiation pursuant to Reimbursement Agreement No. 21–53.

11. Precise Plan of Design (PPD) approval shall be valid for a period of one year and shall automatically expire on the anniversary date of City Council approval, unless the applicant is diligently pursuing building plan check toward eventual construction of the project. The applicant/owner shall be responsible to apply for a time extension at least 30 days prior to the approval's expiration date. No further notice from the City will be given regarding the project's PPD expiration date.

12. The applicant/owner shall ensure that a copy of this Resolution is reproduced on the first page of the construction drawings and shall be distributed to all design professionals, contractors, and subcontractors participating in the construction phase of the Project.

13. In the event of transfer of ownership of the property involved in this application, the new owner shall be fully informed of the permitted use and development of said property as set forth by this permit together with all conditions that are a part thereof. These specific requirements must be recorded with all title conveyance documents at the time of escrow closing.

14. Comply with the conditions and requirements of the City of Montclair's Inclusionary Housing Ordinance No. 05–866
CONDITIONS PRIOR TO THE SUBMITTAL OF A FINAL MAP (Condition Nos. 15–20) Planning/Administration

15. Prior to the approval of the Final Map by the City Council for the project, the map prepared by owner/subdivider shall complete and/or show the following items:
a. Obtain written approval and documentation from the United States Army Corps of Engineers and other affected agencies allowing developer to construct or remove any associated improvements (e.g., walkways, bike path, stairs/ramps, walls, fences, gates, signs, lighting, pedestrian bridge, etc.) necessary to facilitate the construction of the San Antonio Creek Trail Plan along the subject site.
b. A dedication of a public access easement to the City of Montclair for the purposes of allowing the general public to access San Antonio Creek Trail along the developers subject site.

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c. Enter into a maintenance agreement with the City of Montclair for maintenance of improvements related to the San Antonio Creek Trail. d. Obtain written approval and documentation from the San Bernardino County Transit Authority (SBCTA) and other affected agencies allowing access and authorizing developers to construct any associated improvements on SBCTA property (ies) necessary for the development of a trailhead public park along the existing easement of Huntington Drive and trail adjacent to the San Antonio Creek Channel to connect to the Pacific Electric Trail.
e. A dedication of a 0.43–acre parcel (Lot 3 of TPM No. 20474) to the City of Montclair for development of a public park.

16. A Master Solid Waste Removal Plan (SWRP) for the project is required for City review and approval in consultation with the City’s refuse collection provider. The SWRP shall identify the location and size of all facilities and provide a written operational strategy/manual to be used by the property management company for the project. The SWRP shall include and/or address the following elements:
a. Prevent the accumulation of on–site rubbish, trash, or debris in a manner that is inconsistent with the approved SWRP and/or that degrades the appearance of the site and adjacent street frontages.
b. All refuse collection facilities shall be designed in accordance with the provisions of AB 341 Mandatory Commercial Recycling and AB 1826 Mandatory Commercial Organics Recycling (MOR) as established by California Department of Resources Recycling and Recovery (CalRecycle).

Sufficient facilities must be provided and maintained for the mandatory recycling of all recyclable materials and food waste/organics. c. No barrels (or other containers) for waste fats, oils, or grease (FOG) shall be stored in refuse collection facilities.
d. All refuse collection facilities shall be power washed a minimum of two times per month (or more frequently of needed), by property management staff or by means of a hired company qualified to power wash or steam clean all refuse collection facilities and/or equipment. Such 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’s NPDES Coordinator or Environmental Inspector. Inspections of refuse collection facilities shall be subject to routine inspection by the City of Montclair.
e. 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.

17. The owner/applicant shall agree to the formation of a new Community Facilities District (CFD) pursuant to the terms of Government Code Section 53311, et seq., the territory of which shall include the Project, for the purposes of the payment of maintenance and operation costs associated with the common landscaping, lighting, public park and easements, and other public improvements located within the Project, including a public safety component. The applicant shall consent to the formation of the CFD prior to the recordation of the Final Map for the Project. The applicant further expressly agrees that failure to form such CFD will result in disapproval of the Project.

The owner/applicant shall also agree that additional areas may be annexed into the CFD, provided, however, that after giving effect to such annexation, the owner, subdivider and applicant is subject only to its fair share of the obligations and costs incurred as a result of the annexation. The subdivider and applicant agree to cooperate fully in any such annexation proceedings.

If, for any reason whatsoever, the Property or portion thereof does not become part of a CFD or if any such CFD that is formed does not provide for the maintenance of the entirety of the improvements within the Property, or any portion thereof, then such improvements shall be maintained by a private property owner, or an adequate alternative reasonably acceptable to the City, to MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 34 of 292 Exhibit A to Resolution No. 22–3366 Page 4 of 24
undertake such work. Costs to implement the CFD shall be reimbursed to the City pursuant to a Reimbursement Agreement between the applicant and the City.

18. Owner must consent, in writing, to record a covenant for an Operations & Management Regulatory Agreement – Montclair Station (hereafter Regulatory Agreement) against the entire property providing for the perpetual maintenance of all buildings and improvements, including roadways, public easements, retaining walls, drainage facilities, and water and sewer systems. The Regulatory Agreement shall be effective during the lifetime of the Project. Property shall thereafter be maintained in accordance with 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 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.

Costs for development of the Regulatory Agreement shall be reimbursed to the City pursuant to a Reimbursement Agreement between the applicant and the City.

The Regulatory Agreement shall contain, at a minimum, the following requirements:
a. On–Site Management
The Owner shall be required to retain the services of an accredited property management company (“Management Company”) holding a real estate broker license pursuant to California Business and Professions Code, Secion 10131 et. Seq., and with demonstrated experience in leasing, operating, and maintaining a multifamily residential project. Any Manager or Management Company retained to act as an agent for the Owner shall obtain the prior written approval of the Executive Director Office Public Safety/Police Chief, which approval shall not be unreasonably withheld or delayed, provided the person assigned is a certified Property Manager or an employee of a certified property Management Company. Any changes of the certified professional management company shall be subject to the prior written approval of the Executive Director Office of Public Safety/Police Chief, which approval shall not be unreasonably withheld.

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 Manager and Management Company based upon (i) prior experience, (ii) assets, and (iii) 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, Owner shall remove and replace a Property Manager and/or Management Company. In any agreement with a Property Manager or Management Company ("Management Agreement"), the Owner shall expressly reserve the right to terminate such agreement upon written demand of City with cause. That notwithstanding, City agrees that a request for 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 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. i. Management Obligations–Residential
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The Owner shall maintain the legally required presence of an on– site Manager for the residential project pursuant to California Code of Regulations, Title 25, Section 42. The 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 professional property management company, will ensure that the Project is well maintained pursuant to the standards developed in the Regulatory Agreement.
ii. Registration and Management of Rentals
The Owner, with its Management Company, shall develop all rules, documents, and procedures to assure all rental occupancies of residential units are professionally managed including but, not limited to:
 Application(s)
 Crime–Free Addendum and other required addenda to
application
 Tenant screening tools including, but not limited to, (1) credit check including unlawful detainer, and (2) criminal background check.
iii. Alcoholic Beverages/Controlled Substances
Tenant rules shall indicate areas where the consumption of alcoholic beverages are permitted and/or prohibited within the Project boundaries.
b. Security Requirements
Owner shall provide the following security and security monitoring measures during the term of this 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 (see details in Police Conditions). ii. At any time during the term of the Agreement, should the calls for Police service or response at the Project exceed a level reasonably considered normal for projects similar in type and density 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.
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 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.
c. Balconies, Patios, and Porches
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.

All rental agreements 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 MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 36 of 292 Exhibit A to Resolution No. 22–3366 Page 6 of 24
installation of makeshift screening materials, or any other similar item in or on a balcony, patio, or porch.
d. 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 the following criteria:
i. 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; and
ii. Only one (1) antenna per dwelling unit shall be permitted; and iii. The method of attachment and or arrangement of said antenna shall be accomplished in the least visually distracting manner as possible. iv. 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.
v. No overhead or external wiring of the antennas shall be permitted. vi. Removal of all defunct and previously operating antennas or satellite dishes prior to the installation of new antenna equipment. e. Parking Management Plan
The Agreement shall provide for the following:
i. A "Parking Management Plan" shall be required for Project. The Parking Management Plan (PMP) shall identify the parking space(s) for every residential unit in the Project. With the exception of an attached garage for the exclusive use of an identified unit, all parking spaces shall be identified with a unique number that shall be stenciled on the pavement and regularly maintained.
ii. 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 project.
iii. Parking spaces in the Huntington Drive public right–of–way may be used by the project for limited time guest parking, but no parking spaces shall be assigned to any dwelling units within the project. iv. The PMP must be submitted to the City and approved prior to recordation of the Operations Agreement. Any changes to the PMP shall require new City review and approval of a revised PMP document.
v. The PMP shall stipulate 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 complex. "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.

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vi. The PMP shall stipulate that any enclosed garage spaces or covered parking spaces provided shall, at all times, be assigned to units 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. vii. 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.
viii. The property owner/management company may not introduce, require, stipulate, or incorporate into 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 North Montclair Downtown Specific Plan (NMDSP) and the PMP for the project. If parking spaces that exceed the minimum threshold requirement as specified herein are available, the property owner/property management company may apply to the City Council for an amendment to the approved PMP for the project to establish separate monthly fees for each surplus parking space.
ix. As part of the initial rental application process each potential renter of a unit within the project shall be given written notice by the property management company of the on–site parking and off–site parking conditions and requirements at the complex. All executed rental lease agreements will contain a detailed summary of the PMP as an exhibit and 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 management company and available online on the Project’s website for residents to view.
x. Every 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 Parking Management Plan and subsequent rental/lease agreements.
f. Maintenance, Operation, Preservation, and Repair of Property Owner, through its Management Company, shall keep the Project well– maintained (including, without limitation, private streets and drive aisles, 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. Such maintenance shall include, without limitation, the following:
i. Keeping the exterior surfaces of buildings painted, plastered, or otherwise appropriately treated to be in sound condition; and ii. Replacing broken or severely etched windows and other glass surfaces promptly; and
iii. Keeping the Project free from any accumulation of debris, graffiti, waste materials (including pet waste); and
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iv. Keeping trees, ground cover, shrubs, and other plant materials trimmed in healthy condition, and replacing missing or dead plant materials; and
v. 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; and
vi. Keeping paved surfaces and other hardscape elements clean and in good condition, free of dirt and grime, gum, or grease, potholes, excessive staining or the unsightly accumulation of leaked motor oil/automotive fluids, significant surface cracks, dangerous uplifted walkways, or other conditions which impede paths of travel; and vii. No outdoor pay telephones or vending machines (including delivery lockers) shall be installed on any public street, easement, or park.

Vending machines may be allowed within buildings 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 the satisfaction of the Director of Community Development.
viii. Prohibiting auto repairs, car washing, storage of unregistered and/or inoperable vehicles, within parking areas of the Project; and ix. 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; and
x. 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; and xi. Keeping all private streets, drive aisles, and exterior parking areas within the Project free of weeds, debris, trash, graffiti, and potholes.

Owner shall be responsible for maintenance and repaving of all private street and drive aisle surfaces; and
xii. The Management Company shall develop and implement rules for maintenance and upkeep of the interior of the rental units. xiii. 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:

1. 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.

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

3. 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) which is large enough to be easily read and understood.

4. 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 in a proper manner.

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xiv. Implement and keep a waste and refuse collection system in good operating order at all times. The 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 agreement or lease. Each tenant must acknowledge their
understanding of the waste and refuse collection system in the rental or lease agreement. The Owner may not charge an additional fee related to the type of collection method of waste and refuse.

The waste and refuse collection system policy shall be approved by the City.
g. Remedial Actions
In the event the Owner fails to act or perform pursuant to the terms found in the Regulatory Agreement, the City reserves the right to enforce the restrictions imposed by the Regulatory Agreement at the expense of the Owner. The Regulatory Agreement shall make provisions to allow the City enforce the terms of the Regulatory Agreement.
h. Sale or Transfer
Prior to the recordation of the Final Map for the project, the Owner shall record a covenant and agreement against the entire property prohibiting the sale of any individual building within the Project for purposes of rental or lease. The covenant and agreement shall be a part of the Regulatory Agreement required by this Condition and shall be approved by the City Council. It may not be cancelled or amended without City approval. i. Compliance with Rules
Renters occupying residential units within the Project shall be subject to all rules and regulations developed by the Management Company. The Management Company shall establish a warning and fine system for violation of the rules and regulations. If residential renters of units violate rules and regulations, the renter shall be responsible for payment of such fines for violation of the rules. The rules established by the Management Company for rental of residential units shall include provisions for eviction of tenants for violations of the rules and regulations of the project.

19. The Owner shall consent, in writing, to enter into an agreement to be recorded against the property detailing compliance with the City of Montclair Parkland Dedication Ordinance for the park depicted on approved plans. The proposed Park Land Agreement shall include a requirement for the dedication of a 0.43– acre parcel of land for a public park, a conceptual park design exhibit for that park in compliance with the NMDSP, as well as a description of the proposed park improvements and facilities to be constructed consistent with the Conceptual Landscape and Park Design Plan, and the NMDSP. In addition, the Park Land Agreement shall include a mechanism for determining the amount of credit to be provided to the Owner against in–lieu fees to be paid for the construction of improvements and installation of equipment and/or facilities. Such credit shall be based upon the City's adopted parkland dedication/in–lieu fee schedule. No credit/reimbursement shall be provided in excess of the amount of in–lieu fees that are due to be paid to the City by the Owner. The final construction drawings for the improvements to the park on the project site shall be submitted to the Planning Division during the plan check process for review and approval. No Certificate of Occupancy shall be issued unless, and until, a Certificate of Completion and acceptance has been issued for the park.

20. Initiate the process of working with City staff and representatives of the Arbol Verde Neighborhood Preservation Committee to develop appropriate means of recognizing the historic and cultural significance of Huntington Drive community.

CONDITIONS PRIOR TO THE ISSUANCE OF BUILDING OR GRADING PERMIT (Condition Nos. 21–163)

21. The final design review process based on building plans shall be completed pursuant to Section 5.1.050.2 of the NMDSP by the Director of Community MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 40 of 292 Exhibit A to Resolution No. 22–3366 Page 10 of 24
Development in consultation with the City’s Reviewing Architect prior to the issuance of building permits. Notwithstanding, certain design review details may require review or field inspection during construction. Costs to conduct architectural review shall be reimbursed to the City pursuant to the Reimbursement Agreement between the Owner and the City.

No changes to an approved set of plans, including the exterior design and materials/finishes of any building, shall be permitted without the expressed approval of the City prior to any actual changes. At the discretion of the Community Development Director, any request for changes or revisions deemed to be significant may be referred to the City Council for review and approval.

22. The Regulatory Agreement (per Condition No. 18) shall be executed the by Owner, and approved by the City Council. Upon City Council approval, the Regulatory Agreement shall be recorded prior to issuance of building permits. As part of the Regulatory Agreement, the PMP shall be adopted by the City Council.

23. The Parkland Agreement shall be executed by the Owner and adopted by the City Council (Condition No. 19).

24. A Solid Waste Removal Plan (SWRP) shall be approved by the City.

25. A Construction Phasing Plan identifying the order in which buildings will be erected on the site must be submitted. (Before a Certificate of Occupancy for each building can be issued, the required amount of parking in a sufficient amount of parking spaces to support all completed residential units).

26. A written report from a qualified acoustical consultant indicating that the project will meet City requirements for exterior and interior noise levels and demonstrate compliance with Mitigation Measures for N2, NO1–1, NOI–2, NOI–3, and NOI–4 as contained in the North Montclair Downtown Specific Plan Amendment Project Supplemental EIR (dated January 2017) shall be submitted.

All sound attenuation measures (i.e. dual–paned glazing, upgraded insulation, etc.) as identified by the approved acoustical report prepared for the project shall thereafter be incorporated into construction drawings submitted for plan check.

Maximum interior noise level of all units shall be no higher than 45 dBA.

27. Owner’s plans shall provide that all dwelling units (living room and bedroom) and/or commercial/office spaces shall be pre–wired with phone, cable, and satellite connections.

28. Owner shall obtain approval from the Executive Director of Public Safety/Police Chief (or designee) of a Plan to install video surveillance cameras for each building and all public spaces within the development. See Police Department conditions of approval for further details.

29. Owner shall prepare a Photometric Plan for each building indicating the location of all exterior light fixtures (area, building, parking lot, etc.) and the overall illumination levels across the site. All proposed exterior lighting shall comply with the following standards:
a. Provide a minimum maintained illumination level of one (1) foot–candle across the site.
b. All parking lot and other freestanding light fixtures shall incorporate 90– degree cutoff style luminaires and flat lenses so as to direct illumination downward to the surface to be illuminated and away from public rights– of– way surrounding the subject site.
c. Maximum total height for freestanding light fixtures shall be limited to 20 feet, inclusive of the height for concrete bases. Above–grade concrete bases for lights shall be finished with a smooth concrete or by means of a colored stucco matching the primary color and finish of stucco on the buildings.
d. All exterior wall–mounted lighting fixtures shall be vandal–resistant and of a design, that complements the architecture of the building.

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30. The developer shall submit a fence/wall plan for the entire site including both boundary and internal fence/wall locations. The plan shall specifically address existing conditions at each boundary and provide a complementary design for the project as a whole and the design of adjacent buildings. The plan shall include the following elements or details:
a. Specify fence/wall design details, materials, and finishes for review and approval by the Director of Community Development.
b. Fences or walls shall be designed to produce an attractive and consistent horizontal “top of wall” finished elevation with minimal and evenly spaced steps along the length of the wall, subject to review and approval by the Director of Community Development.
c. Eliminate or prevent the creation of double wall or fence/wall conditions.

The applicant shall be responsible for coordinating with the adjacent property owners regarding the replacement of property line walls, if required.

31. All utility services provided to the project shall be provided to the project and placed underground pursuant to Chapter 11.75 –Undergrounding of Utilities – of the Montclair Municipal Code.

32. Indicate the location of any proposed neighborhood mailboxes within the development for review by the Director of Community Development. No mailboxes shall be allowed on public sidewalks, or public easements/spaces. The applicant shall also ascertain any requirements for such mailboxes from the United States Postal Service (USPS) and other delivery services. The City acknowledges that proposed locations for neighborhood mailboxes shall be to the satisfaction of the USPS.

33. Owner shall complete and submit a complete Landscape Documentation Package meeting the intent and design criteria of the Montclair Water Efficient Landscaping and Conservation Ordinance (Chapter 11.60 of the Montclair Municipal Code) as amended by State law. The Landscape Documentation Package shall include the following items for City review and approval:
a. Detailed Landscape Concept and Irrigation Plan for the entire site including the public park area; and
b. A “Water Budget” meeting State Water Conservation requirements; and c. Landscape Construction Drawings (including a grading plan, irrigation plan, and planting plan); and
d. Maintenance manual and schedule to be kept on file and used by the property owner/property management company for reference. e. A copy of the approved plan will be kept on file in order to use at a later date to ensure that the plan was implemented as permitted and maintained as required.

34. Show all automobile surface parking spaces with double–line (e.g. "hairpin") striping. Parking stalls dimensions shall be shall be a minimum of 8'–6" in width as measured to the center of the "hairpin," and a minimum of 18'–0" in length.

35. Continue to work with City staff to refine landscape plan in regard to street tree selections for the Huntington Drive right–of–way and to coordinate with new street improvement plans.

36. Incorporate window details in building plans submitted for plan check which demonstrate compliance with the provisions of Section 5.3.040.F of the NMDSP.

37. Every effort shall be made to locate and/or screen all ground or wall–mounted mechanical equipment including, but not limited to, utility meters (including gas meters), air conditioners, vents, and repair equipment within the building or screened in a manner that is compatible with the architectural design of the building to the satisfaction of the Director of Community Development and MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 42 of 292 Exhibit A to Resolution No. 22–3366 Page 12 of 24
reviewing architect. Wooden lattice or fence–like screens/covers are not appropriate screening materials and shall not be allowed.

38. Owner shall screen all roof–mounted equipment, satellite dish antennas, and other similar apparatus from public view in a manner that is incorporated into the architectural design of each building to the satisfaction of the Director of Community Development and reviewing architect.

39. Exposed conduit or electrical lines shall not be allowed on any exterior surfaces of any building, including electrical lines providing power to exterior signs.

Electrical switchgear, meters, etc., shall be screened or housed in an appropriately designed enclosure or other manner to the extent allowed by the utilities.

40. The color of all material used for rain gutters, flashing, and similar purposes shall be consistent with that of immediately surrounding building materials.

41. No outdoor pay telephones or vending machines shall be permitted within the development boundaries (including public spaces), except that vending machines may be allowed within approved outdoor recreational areas dedicated as such for each building. Vending machines within approved recreation areas shall not be directly visible to the street and be installed in an alcove architecturally integrated with a building to the satisfaction of the Community Development Director.

42. Prior to the installation of any signs on buildings, structure, or other non–public areas and structures within the project site, the applicant shall develop and submit an application for a Master Sign Program for the entire project and obtain Planning Division for review and approval. The sign program shall address signs proposed for building addressing and identification, wayfinding, which are placed on non–public areas of the site. All signs shall be consistent with the sign provisions contained in the NMDSP, including the prohibition on the use of exposed raceways for all building–mounted, except as provided for in the NMDSP, if approved by the Director of Community Development.

43. Obtain approval for any directional and or regulatory signs proposed for installation within the public right–of–way, public spaces or easements from both the Public Works and Community Development Directors.

44. Freestanding electrical transformers and Fire Department double detector check assembly equipment shall be screened with masonry walls compatible with the building architecture and/or landscaping to the satisfaction of the Community Development Director and Fire Marshal. Efforts shall be made to place these elements in locations that are as unobtrusive as possible.

Building

45. The applicant shall comply with the latest adopted California Building Codes, and other applicable codes, ordinances, and regulations in effect at the time of permit application. These applicable codes shall be indicated on the first page of submitted plans.

46. Submit four (4) complete sets of plans including the following:
a. Site/Plot Plan;
b. Floor Plan;
c. Reflected Ceiling Plan;
d. Electrical Plans including the size of the main switch, number and size of service entrance conductors, panel schedules, and single line diagrams;
e. Plumbing plans, including isometrics, underground diagrams, water and waste diagram, fixture units, gas piping, and heating and air conditioning.
f. Submit two sets of structural calculations and two sets of energy conservation calculations.

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g. Landscaping plans including lighting structures, retaining walls, trash enclosures, and other walls and fences.

h. Waste recycling plan, recycling 65% of all construction debris.

47. Provide and clearly indicate on submitted plans disabled–accessible path(s) of travel to the public right–of–way and all required disabled–accessible parking lot signs. Sidewalks, paths–of–travel, and curb cuts shall comply with the requirements of the California Building Code, Title 24. The maximum cross–slope on a sidewalk or path–of–travel shall not exceed two percent (2%). All accessible requirements of the California Building Code shall be followed.

48. Architect's/Engineer's stamp and "wet" signature are required prior to plan check approval.

49. Separate permits are required for trash enclosures, accessory structures, site lighting, fencing, and/or enclosure walls.

50. Contractors must show proof of State and City licenses and Workers' Compensation coverage to the City prior to permit issuance.

51. Pad certification, line and grade, and compaction reports are required prior to issuance of building permits. The applicant or their designee shall provide a pad certification stating that each structure is in accordance with the approved civil plans as to location and grade height.

52. Building permits and addresses shall not assigned until the recordation of the Final Map.

53. Prior to issuance of Building Permits, an approved site plan by the Civil Engineer of Record shall be submitted showing accurate property lines and building placement. No building shall span property lines.

54. Prior to the issuance of building permits for the project, the applicant shall pay development fees at the established rate. Such fees may include but are not limited to a Transportation Development Fee, Permit and Plan Check Fees, and School Fees. The owner shall pay all required school fees directly to the Ontario– Montclair School District and the Chaffey Joint Union High School District. The owner shall provide a copy of the school fees receipt to the Building and Safety Division prior to permit issuance.

55. Payment of all outstanding sewer reimbursement fees as imposed by a district, if any, or any assessments shall be required. Contact the Director of Public Works at 909–625–9441 for more information.

56. Regional Sewerage Supplemental Capital Outlay fees are required in accordance with Section 9.20.440 of the Montclair Municipal Code and the Inland Empire Utilities Agency (IEUA). Contact the Director of Public Works at 909–625–9441 for more information.

57. Submit detailed plans for all walls, fencing, and gates associated with the project.

Any security gates which limit access to buildings shall be equipped with Medeco locks or other acceptable devices to allow access by emergency personnel and utility providers at all times. If access is secured to upper floors within multifamily dwelling unit structures, Medeco locks or other acceptable devices are required.

58. Construction activity shall only be permitted from the hours of 7:00 a.m. to 5:00 p.m. daily.

59. All construction work carried out under the review of the Building Division shall be of good quality. The Building Official shall have the authority to enforce the installation of work that is straight, level, plumb, square, etc., as the situation requires. All work shall be well fit and of a durable nature. Every construction material in all cases shall not be below standard for the use applied.

60. Electrical and fire suppression service shall rise within the interior of the building(s). Roof ladders shall also be located entirely inside the building.

Conduits and cables shall be located entirely inside the walls.

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61. All mechanical devices and their component parts, such as air conditioners, evaporative coolers, exhaust fans, vents, transformers, or similar equipment, whether located on the ground or on the roof of the structure, shall be concealed on all sides from public view in a manner that is compatible with the architectural design of the building and to the satisfaction of the Planning Division. Provide sufficient number of details (i.e. line of sight drawing, building cross–section, etc.) to demonstrate all equipment is obscured from public view.

62. All roof–mounted equipment, satellite dish antennas, and other similar apparatus shall be screened from public view in a manner incorporated into the architectural design of the building to the satisfaction of the Planning Division. Equipment screening shall be provided to completely cover from view any rooftop equipment.

The screening shall completely cover all equipment from view from any part of the public right–of–way.

63. Decorative foam trim shall not be used in areas subject to damage such as entry doors, garage doors, etc. Use of decorative foam shall not be allowed to be used below the second story.

64. All trash enclosures shall be constructed of material consistent with the primary type and color of that used on the building. The construction of such trash enclosure(s) shall conform to City standards and shall have a solid roof complementary to the main building. Black–colored concrete shall be used for the trash enclosure floor and its apron.

65. All landscape planting areas shall have 100 percent irrigation coverage by an automatic irrigation system. Landscape maintenance shall be subject to immediate and periodic inspections by the City. The property owner shall be required to remedy any defects in grounds maintenance and replace any trees, shrubs, vines, or groundcover with a similar species, size, and quantity that are lost due to unauthorized removal, disease, windstorm, or other natural disaster as indicated by the City inspector, within two weeks after notification. Inspections shall be based on automatic landscape irrigation schedule, plant maintenance, weed and rubbish control, landscape plan approval, and any other area that is incidental to grounds maintenance.

66. Construction drawings submitted to the Building Division for plan check review shall comply with Montclair Security Ordinance No. 357; including, but not limited to, adherence to the following standards.

67. The numerical address of the building shall be displayed in a maximum of two locations on elevations as determined by the Director of Community Development. Numerals shall be in a font acceptable to the Director of Community Development, minimum 10 inches in height, minimum 1½ inches in depth, and in a color that adequately contrasts with the background to which they are attached.

68. The facility shall be provided with a minimum maintained illumination level of one (1) foot–candle from dusk until termination of business every business day.

During all other hours of darkness, a minimum of one–quarter (.25) foot–candles of illumination shall be maintained at grade.

69. Discharge of wastewater into the sanitary sewer system shall conform to Chapter

9.20 of the Montclair Municipal Code.

70. No soil shall be imported or exported to or from the project site from an adjacent building site or from other sources for construction purposes without first obtaining approval from the City Engineer. A plan satisfactory to the City Engineer shall be prepared to show the proposed haul route within the City. The subject plan shall include provisions for street sweeping and cleanup.

Applicant/contractor shall comply with all National Pollution Discharge Elimination System (NPDES) requirements.

71. Underground Service Alert shall be notified 48 hours prior to any excavation at (800) 422–4133

72. All off–site and on–site trenching and excavation shall conform to CAL–OSHA standards. Excavations that exceed five feet in depth require a CAL–OSHA permit.

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73. Prior to the commencement of building framing or delivery of any combustible materials to the project site, an all–weather access roadway capable of supporting firefighting apparatus shall be constructed within 150 feet of all structures. All– weather access is defined as base course A.C. pavement to a minimum depth of 2½ inches and having a minimum width of 20'–0". The 20–foot width shall be maintained free and clear of construction equipment, materials, and debris for the duration of construction. The roadway is subject to Fire Department approval prior to commencement of construction.

74. The applicant/developer shall install approved emergency lighting to provide adequate illumination automatically in the event of any interruption of electrical service.

75. Temporary construction and storage trailers placed on the property shall first obtain approval from the Planning and Building Divisions. Before any trailer is set in its location, obtain all permits from the Building Division. Plans and structural calculations will be required for the tie–down devices. Trailers used for public use (and not used for construction only) are required to meet all accessibility requirements for use by persons with disabilities. The trailer will require access to the facility by way of ramps which comply with the California Building Code (CBC) 2019 edition, Chapter 11B, in addition to access to each required use of the trailer.

Environmental Compliance Conditions

76. Trash enclosures must be designed in accordance with the provisions of AB 341 Mandatory Commercial Recycling and AB 1826 Mandatory Commercial Organics Recycling as established by California Department of Resources Recycling and Recovery (CalRecycle). Contact Steve Stanton, Engineering Division Manager at [email protected] or call (909) 625–9444 for more information.

77. Submit written documentation from Burrtec Waste Industries, Inc. (Burrtec) indicating that a service agreement has been set up with Burrtec that meets all Mandatory Commercial Recycling Requirements (AB 341) and Mandatory Organics Recycling Requirements (AB 1826) for waste hauling as established by the State of California and that the appropriate number of refuse/recycling dumpsters has been established is required. Submit documentation to Steve Stanton, Engineering Division Manager at [email protected] or call (909) 625– 9444 for more information.

78. The future tenant/occupant of the building must complete and submit the City of Montclair’s Wastewater Discharge Survey to for review to determine pretreatment/wastewater discharge requirements. Contact Steve Stanton, Engineering Division Manager at [email protected] or call (909) 625– 9444 for more information. In the event that the project includes or, is required the installation of a grease interceptor, the installation shall conform to Chapter

9.20 of the Montclair Municipal Code.

79. Connection to the City of Montclair Sanitary Sewer System is required. Additional comments may follow pending submittal of plans for plan check review.

Water Quality Management Plan (WQMP)

80. The property owner shall be responsible to contract with a qualified firm to inspect and maintain any stormwater treatment devices specified by the approved WQMP, following all WQMP recommendations. It shall also be the responsibility of the property owner to maintain inspection reports and have them readily available for review by City staff upon request. In the event that any stormwater treatment device fails due to lack of, or insufficient maintenance and/or inspection, or some other unforeseen circumstance, it shall be the responsibility of the property owner to correct the deficiency and restore the stormwater treatment device(s) to its original working condition.

81. Owner understands that if the stormwater treatment device is infeasible at proposed location, and an alternative treatment device is proposed that may affect site design project owner may have to revisit with the Planning Department for any revised site changes.

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82. Owner understands no permits are issued prior to the approval of the WQMP.

83. Prepare and submit plans for erosion and sediment control. Plans shall include all phases of the construction project, including rough grading, utility and road installation, and vertical construction to the satisfaction of the City Engineer. Contact Steve Stanton, Engineering Division Manager, at (909) 625– 9444.

84. At the time of Grading Permit issuance; Post–Construction BMP inspection permit fees associated with the approved WQMP shall be paid. Contact Steve Stanton, Engineering Division Manager, at (909) 625–9444 for further information regarding permit and fees.

85. Prior to issuance of a rough grading and/or precise grading permit, the applicant must:
a. Have a City approved WQMP.
b. Submit to the Engineering Division an electronic copy of the approved WQMP and erosion and sediment control plans in PDF format.
c. Obtain a State Construction General Permit and proof must be shown (WDID Number) on both rough grading plan and precise grading plan.
d. Qualified SWPPP Developer and Practitioner contact information must be included on the title page of grading plans.

86. Prior to issuance of Certificate of Occupancy, the applicant shall:
a. Submit to the Engineering Division as built drawings as it relates to the WQMP and, provide adequate plan notes identifying grades, elevations for all inlets, outlets, flow lines and basins. b. Submit stamped and signed post construction BMP certification by the Engineer of record, identifying that all BMP’s have been installed per plans and specifications.
c. Record the WQMP Maintenance Agreement with the County of San Bernardino and provide evidence of said recording to the Engineering Division.
d. Provide electronic copy of FINAL WQMP including all as–built drawings, certification forms and, recorded WQMP maintenance agreement as described above.

87. Prior to release of the Certificate of Occupancy for the building, the person or corporation responsible for the preparation of the WQMP shall certify in writing to the NPDES Coordinator that all conditions and requirements of the WQMP have been implemented or complied with. For projects, developments, or properties intended to be leased or sold, developer shall also submit evidence to the NPDES Coordinator that lessee or purchaser has been advised in writing of lessee’s or purchaser’s on–going maintenance responsibilities with respect to the requirements of the WQMP.

Landscape Conditions Associated with Approved WQMP

88. Prior to receiving Certificate of Occupancy, the Landscape Architect of record shall submit a Letter of Completion to both Planning Division and Engineering Division.

89. Property Owner/Lessee is required to employ a Bonded and California Licensed C–27 Landscape Contractor to conduct all landscaping on property.

90. Landscape Contractor must have City Business License to operate in the City of Montclair.

91. To ensure the landscaping associated with the stormwater treatment device(s) is maintained properly for the life of the project, the property owner/lessee must MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 47 of 292 Exhibit A to Resolution No. 22–3366 Page 17 of 24
provide to the Public Works Department every third year after receiving the Certificate of Occupancy, a wet stamped letter of certification from a licensed, certified Landscape Architect, or recognized horticulturist organization or business.

92. The certified letter must state that the plants located within the boundaries of and immediately adjacent to stormwater treatment devices are currently in good health and maintained to continue to promote the long–term functional and aesthetic performance of the stormwater treatment device. For example, if the planted component of the stormwater device is designed to control erosion, aid in pollutant capture, or maintain permeability, the plant material must be kept at a level of health and vigor to continually meet these functional requirements.

93. Individuals qualified to submit the certification letter must be able to identify species present and report on their conditions. Providing the original planting design documents to the consulting horticulturist may help them in this process.

94. If mulch is present in the assessment area, this must be noted in the letter along with the current depth of the mulch layer and a description of which areas of the stormwater treatment device are mulched.

95. Five to ten clear and representative site photos showing the condition of the various plant materials located in and adjacent to the stormwater treatment device and any other notable conditions related to the device, printed in color on standard 8.5” x 11” paper, must also be submitted as part of the letter.

96. Representatives of the Public Works Department may follow up with site inspections to confirm the accuracy of certification letters and the overall functional condition of stormwater treatment devices.

Engineering

97. Subdivider/Owner shall comply with all requirements of the Subdivision Map Act and the Montclair Municipal Code. The owner/applicant shall process any right– of–way dedications, easements or grant deeds required for the development.

98. The tentative map shall expire three years from the date of City Council approval unless extended under Government Code Section 66452.6. The Final Map shall be filed with the City Engineer and shall comply with the Subdivision Map Act of the State of California and all applicable Ordinances, requirements, and Resolutions of the City of Montclair.

99. Parkland dedication to the City and construction of park improvement shall be made pursuant to Condition 19.
100. Payment of transportation–related development impact fees is required. Fees shall be assessed at the rate in effect at the time the fees are paid. 101. Public streets on the tentative tract map shall be dedicated to the City and designed in accordance with the North Montclair Downtown Specific Plan (NMDSP), latest amendment.
102. Private streets on the tentative map shall be designed in accordance with the North Montclair Downtown Specific Plan, latest amendment. 103. A sidewalk layout plan incorporating required square scoring pattern for all public and private streets. The sidewalk layout plans shall comply with the following items:
a. The sidewalk plan for this project shall utilize Sidewalk Joint Location (NMDSP Area) – STD No. 114; and
b. Coordinate square scoring pattern with curb and gutter control joints; and c. Include sidewalk ramps, driveways, streetlights, and other utility boxes to demonstrate how the square scoring pattern can be implemented to greatest extent possible with only minor to no disruption of said pattern; and
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d. The proper scoring shall be achieved by creating a narrow tooled joint in the wet cement; and
e. Finish quality and workmanship shall be to the satisfaction of the Directors of Public Works and Community Development. Unacceptable work shall be removed and reinstalled in an appropriate and acceptable fashion. 104. Street improvement plans are required for all public and private streets.

Construction drawings shall be 24" by 36" with City standard title block. Provide details to connect to existing road improvements at the terminus of Huntington Drive on the west side of the subject site including removal of block wall and large tree.
105. Street names shall be at the discretion of the developer, subject to the approval of the Public Works Director/City Engineer.
106. All streets public and private shall have sidewalks conforming to Americans with Disabilities Act. Public and private streets shall have sidewalks on each side.

Widths and scoring patterns shall conform to City STD No. 114. 107. Streetlights shall be provided on all public and private streets. The minimum lighting level for all streets shall be to the satisfaction of the City Engineer. Plans shall include point by point foot–candle values arranged in a grid verifying a minimum lighting level of 2 foot–candles throughout every intersection. 108. Streetlights on public streets shall be owned and maintained by Southern California Edison. The style of luminaire and pole shall be as follows:
a. Poles–Ameron "Corsican" pole, 20CT12 for interior streets and 20CT15 for arterials.
b. Color–Fillmore 12 (black), exposed finish with Amershield (graffiti coating). c. Luminaires–For interior streets King Luminaire K118LR "Washington" luminaire with standard (#1) finial, color "BK" (black); for arterial roadways, KA63 "Coshocton" twin arm, standard black full gloss.
d. Fixtures shall be fitted with reflectors or refractors as necessary to control glare and nuisance light spill onto residential units.
109. Monument signs shall not be permitted in the line of sight triangles next to driveway locations (see City STD No. 110).
110. All pavement damaged by excavation will be replaced with permanent pavement per the City Standard for paving and trench repair STD No. 301. 111. The Applicant shall provide the design and construction of additional streets lights along the project frontage as required by the City Engineer. 112. All Utilities in the public right of way portion of each street frontage adjacent to the site shall be placed underground. This requirement applies to electrical services (facilities operated at nominal voltages in excess of 20,000 volts not included), transformers and switches, and where technology exists, telephone and cable television facilities as well.
113. Sewers intended to be maintained by the City of Montclair shall be designed and constructed per Public Works Department standards, and shall be located in public streets or easements dedicated to the City for sanitary sewer purposes.

Sewers not constructed per Public Works Department standards shall be constructed per California Building Code and City of Montclair Building Division requirements and shall be privately maintained.
114. Sewer improvement plans are required for all sewers, public or private, and shall include both plan and profile views on 24" by 36" construction drawings. 115. Developer shall contribute funds toward the cost of preparing a technical Sewer Study in consultation with the City of Montclair to evaluate options for providing sewer service to the properties on the south side of Huntington Drive.

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116. Street, sewer, and storm drain plans shall be submitted to the City Engineer's office for approval. An advance plan check fee, the amount to be determined by the City Engineer shall be required at the time plans are submitted. Construction and acceptance of street improvements, as per the approved plans, shall be required to obtain a release for a Certificate of Occupancy from the Building Division.
117. Approval of the WQMP is required prior to the preparation of grading and/or other improvement plans. Requirements for the WQMP may be obtained from Steve Stanton at [email protected]. Requirements of the WQMP may require significant modifications to the approved tentative map. If significant modifications are required, a resubmittal to the Planning Commission and City Council may be required.
118. A grading plan shall be prepared subject to the approval of the City Engineer. The applicant shall submit two (2) copies of a soils and geotechnical report. An erosion control plan is to be included and considered an integral part of the grading plan. Grading plans shall be designed in accordance with City standards and guidelines, and shall be on 24" by 36" sheets.
119. All drainage facilities shall comply with requirements of the approved WQMP. 120. Developer shall participate in the creation of a new Community Facilities District (CFD) for the maintenance of public streets, street lighting, and parkway improvements; street sweeping; and street tree/park tree trimming all within limits or frontages of development, and including a public safety component. 121. Underground Service Alert shall be notified at least 48 hours prior to any excavation. Contact Underground Service Alert at 800–422–4133. 122. Prepare and submit to the satisfaction of the City Engineer a letter of non– interference from any utility company that may have rights or easement within the property boundaries.
123. A Public Works construction permit shall be obtained from the Engineering Division prior to any removals or construction of improvements in the public right–of–way.
124. The Final Map may be submitted for plan checking prior to, in conjunction with, or after the submittal of the public improvement plans. Final Map submittals shall include a preliminary title report, reference deeds, closure calculations, reference maps, and other reference material as may be necessary to check the map. An advance plan check fee, the amount to be determined by the City Engineer, shall be required at the time map is submitted. Prior to approval of the Final Map, a subdivision agreement will be required. The agreement shall contain provisions for performance and payment bonds for all work within the public rights–of–way, and a monumentation bond for corner monuments in accordance with the Subdivision Map Act.
125. Developer shall coordinate with the Army Corps of Engineers the need for the existing bridge structure located 150 feet south of the existing bridge at Richton Street to determine if a new pedestrian bridge to provide access across the San Antonio Creek Channel can be constructed. If feasible, replace existing structure with new prefabricated steel truss pedestrian bridge similar to the one recently installed north of Richton Street.
126. Coordinate with City Engineer the construction of a 15–foot wide multi–use trail on the west side of the San Antonio Creek Channel adjacent to the project site eastern boundary in the existing Flood Control Channel easement (including trees, shrubs, lighting, and amenities) as recommended in the San Antonio Creek Trail Feasibility Study approved by City Council on July 18, 2022 subject to Army Corps of Engineers approval.
127. Modify traffic signal at Monte Vista Avenue and Richton Street and install a protective left–turn phase.
128. Work with City staff on future street improvements along Huntington Drive, west of the project site, for possible installation of regulatory traffic signs or traffic calming devices. These improvements would work toward maintaining MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 50 of 292 Exhibit A to Resolution No. 22–3366 Page 20 of 24
Huntington Drive as a Neighborhood Street consistent with the North Montclair Downtown Specific Plan and anticipated recommendations of the consultant preparing the North Montclair Streetscape Master Plan project that includes the segment of Huntington Drive between the western boundary of the project site and Claremont Boulevard.
129. Contribute a fair share of future roadway improvements along Huntington Drive west of the project site including any signal modification costs required at the west end of Huntington Drive and Claremont Boulevard per the recommendations of the North Montclair Streetscape Master Plan.
130. Adjust or abandon existing well on the future park site. 131. Construct a new bridge across the San Antonio Creek channel connecting Huntington Drive and Richton Street to accommodate vehicular traffic accessing Monte Vista Avenue and pedestrians and cyclists accessing the P.E. trail from Monte Vista Avenue and Richton Street.
132. Install no overnight parking signs along Huntington Drive fronting the site. 133. Relocate trail light and modify irrigation at the west end of the Pacific Electric trail at the terminus of existing Huntington Drive.
134. Construct a new driveway, modify access and parking to the City’s auxiliary lot including paving, striping and fencing.
135. Install street trees per approved landscape plans.

Fire
136. The project shall comply with all requirements set forth by the California Code of Regulations Title 24 Parts 1–12 respectively.
137. The adopted edition of the California Code of Regulations, Title 24, Parts 1 through 12, and the Montclair Municipal Code shall apply at the time the architectural plans are submitted for construction permits. 138. Prior to the issuance of a grading permit a fire department access plan shall be submitted to the City of Montclair for review and approval. The fire department access plan shall comply with the requirements specified by the City of Montclair Guideline for Fire Department Access & Water Requirements for Commercial & Residential Development, and the California Fire Code, Chapter 5. 139. Prior to the issuance of a grading permit, evidence of sufficient fire flow shall be provided to the City of Montclair. The City of Montclair Building and Fire Marshal Water Available/Fire Flow Form shall be utilized.
140. A fire department access road complying with the CFC, Chapter 5 and the approved fire department access plans shall be installed prior to building construction.
141. The fire department access road shall be inspected by Montclair Fire Prevention Bureau prior to building construction.
142. The fire department access road shall remain unobstructed at all times. 143. A fire department connection (FDC) shall be provided and located within 50 feet of a public fire hydrant. The use of a private hydrant may be used with the use of an aboveground check valve to prevent the flow from the FDC back to the fire hydrant, and with the approval of Montclair Fire Prevention Bureau. A minimum of two points of connection to the public water shall be provided for the private fire–line water.
144. A minimum of two points of connection to the public water shall be provided for the private fire–line water.
145. The private underground fire–line system shall be a looped design.

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146. The private underground fire–line system shall have indicating sectional valves for every five (5) appurtenances.
147. All required fire hydrants shall be installed and operational prior to building construction. All fire hydrants shall remain operational during construction. 148. All required fire hydrants shall be readily visible and immediately accessible. A clear space of not less than 3–feet shall be maintained at all times. 149. Prior to construction a temporary address sign shall be posted and clearly visible from the street.
150. The permanent building address shall be provided and either internally or externally lighted during hours of darkness. The address shall be clearly visible from the street fronting the property and comply with California Fire Code Section 505.1 for size and color.
151. Montclair Fire Prevention Bureau approval shall be obtained prior to the storage and/or use of hazardous materials as defined by the California Fire Code. 152. The building shall be provided with an automatic fire sprinkler system in accordance with NFPA 13. Construction plans shall be submitted for review and approval to the City of Montclair prior to installation. 153. Prior to building final, the building shall be provided with a Knox Lock key box located no more than seven–feet above the finished surfaced and near the main entrance door.
154. Prior to the issuance of a Certificate of Occupancy the building shall be provided with an emergency radio communication enhancement system. The emergency radio communication enhancement system shall meet the requirements of CFC § 510 and all applicable subsections. The system shall be installed and inspected by the City of Montclair Building Department before the Certificate of Occupancy is issued. The requirement can be waived by the Fire Marshal if the building is evaluated by an Emergency Radio Communication Specialist license by FCC, who certifies the building meets the emergency communications capability as specified by the California Fire Code § 510. The certification shall be in the form of a written report which outlines the analysis used in determining the building meets the emergency communications without an enhancement system. 155. Double Check Detector Assembly shall be painted Rustoleum Hunter Green, satin acrylic finish, and stock #7944502.

Police
156. No consumption of alcoholic beverages on any publicly accessible outdoor areas of the property shall be permitted except in approved outdoor dining areas or other event with the express approval of the City and the State Department of Alcoholic Beverage Control. Private, resident–only accessible areas (e.g., clubhouses, patios, access restricted gated areas, etc.) are exempt. 157. Management shall ensure all special events on the premises comply with all applicable City permits, codes, and ordinances, including but not limited to live entertainment permits, yard–sale permits, and noise control ordinances. 158. There shall be no special promotional events held on the property, unless a written request for such is received and approved by the Director of Community Development and the Executive Director Office of Public Safety/Police Chief or their designee.
159. The premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking areas, open space areas, courtyards, pool area, building entries and stairwells, and other common hallway/building access points. 160. The property owner/property manager shall prepare and submit a security plan for the entire development to be reviewed and approved by the Director of Public Safety. The Security Plan shall incorporate:

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a. Adequate lighting to illuminate parking areas, public access easements, open space locations, pool areas, and at common hallway/building access points so that the appearance and conduct of all persons is easily discernible and monitored; and
b. A closed circuit video surveillance (CCVS) system meeting the following requirements:
i. A minimum amount of cameras shall be placed in a position to monitor all entrances/exits to the community, public access easements, parking areas, public street, and common areas (e.g., park space, courtyards, pool areas, etc.). The final location and quantity of cameras to be determined in the “Security Plan”. ii. Cameras shall be capable of no less a resolution than 1920×1080 pixels, otherwise known as 1080p. All cameras shall have IR or low light capability.
iii. The CCVS system shall have ample storage capacity to retain camera footage for a period of no less than 90 days. To avoid unintentional lapses in coverage cameras shall not be motion activated. However, to conserve storage space, cameras may use motion sensors to lower the frames–per–second (FPS) during periods when no motion is detected. When motion is detected, cameras shall record no less than 30 frames per second.
161. Alarm systems are encouraged to complement the CCVS system. Current responsible party information shall be on file with the Police Department for appropriate response and notifications.
162. The property owner/property manager shall ensure all special events on the premises comply with all applicable City permits, codes, and ordinances, including but not limited to live entertainment permits, yard–sale permits, and noise control ordinances.
163. The Montclair Police Department may conduct parking enforcement activity on all public right–of–ways, pursuant to the California Vehicle Code. Enforcement of all off–street areas will be the responsibility of the property owner/property manager, as part of an approved Parking Management Plan.

CONDITIONS PRIOR TO ISSUANCE OF THE CERTIFICATE OF OCCUPANCY AND/OR BUILDING PERMIT FINALS (Conditions 164 – 169)
Planning/Administration
164. Required parking spaces shall be provided and made available for use pursuant to a Building Permit final and prior to the issuance of a Certificate of Occupancy for any residential building in the project.
165. A Certificate of Occupancy for the last building as identified in the Construction Phasing Plan (Condition No. 23) shall be contingent upon the completion of all aspects of the project including, but not limited to the:
a. Completion of all public street improvements; and
b. Public Park and trail improvements; and
c. On–site improvements and landscaping for each building site. 166. To ensure compliance with the conditions of approval, a final inspection shall be required by the Planning Division upon completion of construction of each building and associated site improvements within the development. The applicant shall contact the City to schedule an appointment for such inspections.

Building
167. Prior to the issuance of a Certificate of Occupancy for each building/structure, the applicant shall:

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a. Complete all on–and off–site improvements directly associated to the full use of the building and/or structure under consideration. b. Provide a grading certificate, signed and sealed by the Civil Engineer of Record certifying that all grading has been completed according to the approved plans and all buildings and structures are in the called out location as stated on the plans.
c. Complete Fire Department inspection and obtain final approval. Obtain final approval from all departments and the Monte Vista Water District.

Water Quality Management Plan (WQMP)
168. Prior to issuance of a Certificate of Occupancy, the applicant shall:
a. Submit to the Engineering Division an electronic copy of the approved WQMP in PDF format.
b. Submit to the Engineering Division as–built drawings as it relates to the WQMP.
c. Record the WQMP Maintenance Agreement with the County of San Bernardino and provide evidence of said recording to the Engineering Division.
169. Prior to release of the Certificate of Occupancy for the first building of the project, the person or corporation responsible for the preparation of the WQMP shall certify in writing to the NPDES Coordinator that all conditions and requirements of the WQMP have been properly implemented. For projects, developments, or properties intended to be leased or sold, developer/applicant or owner shall also submit evidence to the NPDES Coordinator that lessee or purchaser has been advised in writing of lessee’s or purchaser’s on–going maintenance responsibilities with respect to the requirements of the WQMP.

ONGOING CONDITIONS (Conditions Nos. 170–175)
General
170. Comply with all conditions stated or referenced in these “Conditions of Approval” that apply as on–going rules, requirements, or conditions.

Planning/Administration
171. Implement all requirements and conditions of, and perform, maintenance activities in conformance with the Regulatory Agreement. 172. Comply with all on–going terms and conditions contained in the Master Solid Waste Removal Plan (SWRP).
173. Pursuant to Section 11.60.240 of the Montclair Municipal Code, all landscaping and irrigation systems shall be maintained in accordance with the approved site and/or landscape plan to ensure water use efficiency.
a. Any plant material that does not survive or which was removed or destroyed, shall be replaced upon its demise or removal, with plant material of like type and size as that which was originally approved and installed.
b. Plant material shall not be severely pruned such that the natural growth pattern or characteristic form are significantly altered. Trees shall be pruned to ISA (International Society of Arboriculture) standards and only as necessary to promote healthy growth and for aesthetic purposes (i.e., to enhance the natural form of the tree). Improperly or severely pruned trees, including topping as defined by the Water Conservation Ordinance, which results in the removal of the normal canopy and/or disfigurement of the tree shall be replaced with trees of similar size and maturity as that which was removed or, as required by the Community Development Director.

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c. Dead vegetation shall be promptly replaced with healthy, living plants in accordance with standard seasonal planting practices. The property owner shall also be responsible to keep the landscaped areas reasonably free of weeds, trash, and debris.
d. Modifications to and/or removal of existing landscaping shall require prior approval by the Planning Division.

Building
174. In conformance with the Regulatory Agreement, the applicant and/or property owner shall:
a. Maintain the building’s signs, lighting, landscaping, and all improvements in good working order at all times.
b. Remove any accumulation of trash, weeds, or debris on the property. c. Remove graffiti on any building or associated improvements, and/or within 48 hours upon notification by the City.

Water Quality Management Plan (WQMP)
The owner shall contract with a qualified firm to inspect and maintain any stormwater treatment devices specified by the approved WQMP, following all WQMP recommendations. It shall be the responsibility of the owner to maintain inspection reports and provide inspection reports to the City upon request. In the event any stormwater treatment device fails due to lack of, or insufficient maintenance and/or inspection, or some other unforeseen circumstance, it shall be the responsibility of the owner to correct the deficiency and restore the stormwater treatment device(s) to its original operating condition.

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CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 15, 2022
SECTION: PUBLIC HEARINGS
ITEM NO.: B
FILE I.D.: TAX495
DEPT.: ECONOMIC DEV.

PREPARER: M. FUENTES
SUBJECT: SECOND READING — CONSIDER ADOPTION OF ORDINANCE NO. 22–999 ADDING CHAPTER 4.76 TO TITLE 4 OF THE MONTCLAIR MUNICIPAL CODE RELATED TO

IMPOSING A CANNABIS BUSINESS LICENSE TAX (SUBJECT TO FINAL APPROVAL BY THE VOTERS AT THE NOVEMBER 8, 2022 GENERAL MUNICIPAL ELECTION) REASON FOR CONSIDERATION: The City Council is requested to consider conducting the second reading of Ordinance No. 22–999 imposing a General Business License Tax on Commercial Retail Sales of Cannabis, which is subject to final approval by the voters at the November 8, 2022 General Municipal Election, and setting a public hearing for the second reading and adoption of Ordinance No. 22–999 for Monday, August 15, 2022, at 7:00 p.m.

At the August 1, 2022 City Council Meeting, the City Council approved Resolution No. 22–3374 ordering the submission to the voters of the City of Montclair a measure to consider a general business license tax on commercial retail sale of cannabis at the General Municipal Election to be held on Tuesday, November 8, 2022; directing the city attorney to prepare an impartial analysis of the measure; and providing for the filing of arguments and rebuttal arguments in favor of and against the measure. The tax would be imposed on gross receipts of commercial cannabis businesses up to a maximum of seven percent, which was reduced from staff’s proposed maximum of ten percent by the City Council at the August 1, 2022 meeting. Ordinance No. 22–999 would only go into effect upon voter approval of the measure ordered by Resolution No. 22–3374.

A copy of proposed Ordinance No. 22–999 is attached for City Council review and consideration.

BACKGROUND:

Ordinance No. 22–999 – Montclair Cannabis Business License Tax On November 6, 1996, the voters of the State of California approved Proposition 218 (the “Right to Vote on Taxes Act”), an amendment to the State Constitution requiring that all general taxes which are imposed, extended or increased must first be submitted to the electorate and approved by a majority vote of the qualified electors voting in the election.

Pursuant to Proposition 218 (California Constitution, Article XIII C, section 2(b)), the general rule is that any local election for the approval of an increase to a general tax must be consolidated with a regularly scheduled general election for members of the governing body of a local government.

On August 1, 2022, the City Council approved Resolution No. 22–3374 submitting a measure proposing General Business License Tax on Commercial Retail Sales of Cannabis to the voters at the November 8, 2022 General Municipal Election. If approved by a majority of the City’s voters at that election, Ordinance No. 22–999 would amend the municipal code and, should cannabis businesses be later authorized to operate in MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 56 of 292 the City by the City Council, the proceeds of the proposed general tax on gross receipts of cannabis businesses may be spent on any lawful general City purpose.

Proposed Ordinance No. 22–999 would establish the structure and procedures for the implementation of the "Montclair Cannabis Business License Tax" and other subsequent legal requirements.

Ordinance No. 22–999 contains the following sections:
 Title;
 Purpose;
 Definitions;
 Cannabis Business License Tax;
 Tax payment does not authorize activity;
 Cannabis tax is not a sales tax;
 Returns and remittances;
 Audits;
 Refunds;
 Tax administration
 Appeals;
 Consistency with business license tax; and
 Constitutionality and legality.

If approved by the voters, the tax measure would add Chapter 4.76, Cannabis Business License Tax to Title 4, of the Montclair Municipal Code and would allow for a tax on commercial cannabis businesses to raise revenue for general fund purposes.

This measure would impose a gross receipts tax on the privilege of conducting the following activities within the City’s jurisdiction: transporting, dispensing, manufacturing, producing, processing, preparing, storing, testing, providing, selling, delivering, distributing, or testing cannabis or cannabis products by commercial cannabis businesses in the City of Montclair.

The proposed measure seeks voter approval for a maximum tax of seven percent of gross receipts. Once approved, the City Council would have the power to implement a lower tax rate than the maximum rate of seven percent and/or establish differing tax rates for each of different categories of cannabis business activities.

The City Manager would be responsible for adopting administrative policies to promulgate rules, regulations, and procedures to implement and administer the tax to ensure the efficient and timely collection. The City Manager would also be responsible for organizing an independent audit of the cannabis taxes to verify that tax revenues have been properly collected and expended in accordance with will of the voters.

If Ordinance No. 22–999 is approved by the City Council, with subsequent approval by the voters of the City of Montclair at the General Municipal Election to be held on November 8, 2022, the "Montclair Cannabis Business License Tax" would be operative beginning 10 days after certification of the November 8, 2022 General Municipal Election.

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 57 of 292 November 8, 2022, Municipal Election Ballot Timeline.

Table 1, below, identifies the San Bernardino County Election deadlines related to submission of a ballot measure appearing on the November 8, 2022, Municipal Election:

Table 1
November 8, 2022
Municipal Election Ballot Measure Timelines

EVENT DATE
Assignment of Measure Letters by San
Bernardino County Registrar of Voters
Monday, August 15, 2022
11:00 a.m.

Deadline to Withdraw Measure Wednesday, August 17, 2022 5:00 p.m.

Impartial Analysis Submission
Deadline
Monday, August 22, 2022
12:00 p.m.

Argument Submission Deadline Monday, August 22, 2022
12:00 p.m.

Rebuttal Submission Deadline Thursday, August 25, 2022
6:00 p.m.

End of 10–day Public Examination
Period for Arguments
Thursday, September 1, 2022
12:00 p.m.

End of 10–day Public Examination
Period for Rebuttals
Monday, September 5, 2022
5:00 p.m.

FISCAL IMPACT: There would be no direct fiscal impact in relation to the City Council’s adoption of Ordinance No. 22–999 other than the normal publication costs associated with the adoption of Ordinances; however, voter approval of proposed Montclair cannabis business license tax would put in place the maximum rates that commercial cannabis businesses could be charged if and when the City Council elects to adopt ordinances pertaining to the legalization of commercial cannabis business in the City of Montclair.

RECOMMENDATION: Staff recommends the City Council direct the City Clerk to perform a second reading by number and title only, and adopt Ordinance No. 22–999 adding Chapter 4.76 to Title 4 of the Montclair Municipal Code related to imposing a cannabis business license tax (subject to final approval by the voters at the November 8, 2022 General Municipal Election).

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ORDINANCE NO. 22–999

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MONTCLAIR ADDING CHAPTER 4.76 TO TITLE 4 OF THE

MONTCLAIR MUNICIPAL CODE RELATED TO IMPOSING A

CANNABIS BUSINESS LICENSE TAX (SUBJECT TO FINAL

APPROVAL BY THE VOTERS AT THE TUESDAY, NOVEMBER
8, 2022 GENERAL MUNICIPAL ELECTION)
WHEREAS, pursuant to California Elections Code §9222, the City Council has the authority to place local measures on the ballot to be considered at a Municipal Election; and
WHEREAS, on August 1, 2022, the City Council adopted Resolution No. 22–3374 ordering the submission to the voters of Montclair a measure to consider a general business license tax on commercial retail sale of cannabis at the General Municipal Election of November 8, 2022 (the “Measure”); and
WHEREAS, the City Council has reviewed the form and content of this Ordinance and by its adoption approves this Ordinance as the complete text of the Measure subject to approval by the voters of the City of Montclair.

NOW, THEREFORE, THE CITY COUNCIL AND THE VOTERS OF THE CITY OF MONTCLAIR HEREBY ORDAIN AS FOLLOWS:

SECTION I. Amendment to Code. Chapter 4.76 is hereby added to Title 4 of the Montclair Municipal Code with the following provisions:

CANNABIS BUSINESS LICENSE TAX

4.76.010. Title.

This chapter shall be referenced as the “Montclair Cannabis Business License Tax.”

4.76.020. Purpose.

This chapter is adopted for the following purposes and shall be interpreted to accomplish them:

A. To impose a tax on the privilege of conducting cannabis business in the city, under the state Medicinal and Adult–Use Cannabis Regulation and Safety Act, California Business and Professions Code section 26000, Proposition 64, approved by the voters in November 2016 and as amended to date (“MAUCRSA”), which legalized and regulates adult use of cannabis in California, and other applicable law as it now exists or may hereafter be adopted; B. To impose a general tax to generate revenues which may be used in the discretion of the City Council for any lawful purpose of the City; C. To specify the type of tax and rate of tax to be levied and the method of collection; and
D. To comply with all requirements for imposition of a general tax.

This Chapter is enacted solely to raise revenue, not for regulation. It shall apply to all persons engaged in cannabis business in the City. The tax imposed by this chapter is a general tax under Article XIII C of the California Constitution.

4.76.030. Definitions.

For the purposes of this chapter, the following words shall have the meanings ascribed to them by this section unless the context makes apparent another meaning was intended.

A. “Cannabis” or “marijuana” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or hereafter be discovered or developed that has psychoactive or medicinal properties, whether growing or not, including the seeds of such plants. “Cannabis” also means cannabis as defined by Business and Professions Code section 26001, subdivision (f), the Health and Safety Code section 11018, and by other state law.

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B. “Cannabis accessory” is any device intended to aid in the use of cannabis or cannabis products which does not itself consist in all or part of cannabis or cannabis products and includes, without limitation, “cannabis accessories” as defined in Health and Safety Code section 11018.2 and by other state law.

C. “Cannabis business“ means the activity of any natural or legal person, business, or collective in the City relating to cannabis, including but not limited to cultivation (including nurseries), transportation, distribution, manufacture, compounding, conversion, processing, preparation, testing, storage, packaging, delivery and sales (including both wholesale and retail sales) of cannabis, cannabis products, or cannabis accessories, whether or not carried on for gain or profit, whether for medical or adult use, and whether or not such business is licensed by the State. A cannabis business does not include any business the only relationship of which to cannabis or cannabis products is the production or sale of cannabis accessories.

D. “Cannabis product” means any product containing cannabis or its derivatives, including, but not limited to, flowers, buds, oils, tinctures, concentrates, extractions, edibles and products described in Section 11018.1 of the Health and Safety Code.

E. “City Manager” means the city manager or his or her designee.

F. “Collector” means the city manager or a person he or she charges to administer this Chapter.

G. “Commercial cannabis cultivation” means cultivation conducted by, for, or as part of a cannabis business. Commercial cannabis cultivation does not include personal medical cannabis cultivation, or cultivation for personal adult use as authorized by the MAUCRSA, including Health & Safety Code section 11362.1 et seq., for which the individual receives no compensation whatsoever.

H. “Cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

I. “Delivery” means the transfer for any form of compensation of cannabis or cannabis products to a customer or caregiver at a location that is not a dispensary.

J. “Dispensary” means a fixed place at which cannabis, cannabis products, or accessories for the use of cannabis or cannabis products are offered, either individually or in any combination, for retail sale, including, without limitation, a dispensary that engages in delivery.

K. “Distributor’’ means a person engaged in procuring cannabis and/or cannabis products for sale to a dispensary or to others engaged in retail sales of cannabis and/or cannabis products. “Distribution” means engaging in that conduct and a “distribution facility” is any real property, whether or not improved, used in such conduct.

L. “Gross receipts,” except as otherwise specifically provided in this chapter or by regulations authorized by this Chapter, has the meaning stated in section

4.02.010 of this Code.

M. “Manufacturer” means a person who engages in the production, preparation, propagation, or compounding of cannabis or cannabis products either directly or indirectly or by extraction methods, or by means of chemical synthesis, or by a combination of extraction and chemical synthesis.

N. “Person” means any individual, firm, partnership, corporation, company, association, joint stock association; city, county, state, or district; and includes any trustee, receiver, assignee, or other similar representative thereof.

4.76.040. Cannabis Business License Tax.

A. There is hereby imposed on every person who engages in cannabis business in the City an annual cannabis business license tax in the amounts stated in this Section 4.76.040 or such lesser amounts as the City Council may from time to time establish.

B. The City Council may, by resolution, implement a tax rate lower than the maximum rate established in subsection (C) of this section for all persons MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 60 of 292 SECOND

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engaged in cannabis business, or establish differing tax rates for different categories of cannabis business. The City Council may, by resolution, decrease or increase such tax rates without further voter approval provided the tax rate is not above the maximum tax rate established in subsection (C) of this section.

C. The maximum rate of the cannabis tax shall be calculated as follows:

1. For every person who engages in commercial cannabis cultivation shall be subject to the maximum tax rate not to exceed seven percent (7%) of gross receipts.

2. For every person who engages in the operation of a testing laboratory for cannabis or cannabis products shall be subject to the maximum tax rate not to exceed seven percent (7%) of gross receipts.

3. For every person who engages in the retail sales of cannabis as a retailer (dispensary) or non–store front retailer (delivery business), or microbusiness (retail sales activity) shall be subject to the maximum tax rate not to exceed seven percent (7%) of gross receipts.

4. For every person who engages in a cannabis distribution business for cannabis or cannabis products shall be subject to the maximum tax rate not to exceed seven percent (7%) of gross receipts.

5. For every person who engages in cannabis manufacturing, processing, or microbusiness (non–retail activity) or any other type of cannabis business not described in Section 4.76.040 (C) (1), (2), (3) or (4), the maximum tax rate shall not exceed seven percent (7%) of gross receipts.

D. The City Council shall set the initial cannabis tax rates at zero dollars until such time as the City Attorney determines in writing that commercial cannabis activities in the City of Montclair are lawful either because the City Council has permitted commercial cannabis activities to occur in the City of Montclair or state or federal law has limited the City of Montclair's authority to forbid commercial cannabis activities from occurring.

4.76.050. Payment obligations.

Each person subject to a tax under this chapter shall pay that tax regardless of any rebate, exemption, incentive, or other reduction elsewhere in this code, except as required by state or federal law. Failure to pay such a tax shall be subject to penalties, fines and interest charges established under this Chapter and the City may resort to any or all other remedies available at law or in equity to enforce this chapter. No provision of this Chapter shall be interpreted to reduce a tax rate established under this chapter or otherwise reduce the taxes paid hereunder unless the provision specifically requires that reduction.

4.76.060. Tax payment does not authorize activity.

The payment of a tax imposed under this Chapter does not authorize the conduct or continuance of any illegal business or of a legal business in an illegal manner. Nothing in this chapter authorizes or implies the lawfulness of any activity connected with the distribution or possession of cannabis unless otherwise authorized and allowed in strict and full conformance with this code. Nothing in this Chapter is intended to authorize commercial cannabis activity.

4.76.070. Cannabis tax is not a sales tax.

The tax imposed by this Chapter is upon the privilege of doing business in the City. It is not a sales or use tax.

4.76.080 – Returns and remittances.

The tax imposed by this chapter shall be due and payable as follows:

A. Each person owing tax under this Chapter shall provide a tax return to the city manager on or before the last business day of each month stating the tax owed for the preceding month and the basis of its calculation. The taxpayer shall remit the tax owed to the City Manager when the return is due.

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B. The City Manager may establish a form for tax returns submitted under this section and, if so, use of that form shall be mandatory.

C. Tax returns and payments for all outstanding taxes, penalties and interest owed the city are immediately due upon cessation of business for any reason.

D. Whenever the City Manager receives a payment, statement, report, request or other communication after the time this section prescribes for its receipt in an envelope postmarked by that time, the City Manager shall regard such payment, statement, report, request, or other communication as timely. If the due date falls on a day when city offices are not open for business, the due date shall be the last day before that date when city offices are open for business.

E. Unless otherwise provided by this Chapter, the tax imposed by this chapter is delinquent if not paid by the due date specified in subsection (A) of this section.

F. The City Manager need not send a bill or delinquency or other notice to any person subject to a tax imposed by this chapter and failure to send such bill or notice shall not affect the validity of any tax, interest or penalty due under this chapter.

4.76.090 – Audits.

The City Manager shall arrange for an annual independent audit of the receipts and expenditures of the taxes imposed by this chapter. He or she shall share that audit report with the City Council and make it available for public inspection.

4.76.100. Refunds.

A. No refund shall be made of any tax collected pursuant to this Chapter, except as provided in this section.

B. No refund of any tax collected pursuant to this Chapter shall be made because of the discontinuation, dissolution, or other termination of a cannabis business.

C. Any person entitled to a refund of sums paid under this Chapter may ask the City to apply it as a credit against future obligations under this Chapter.

D. If a tax, penalty, or interest imposed under this Chapter has been overpaid, paid more than once, or has been erroneously or illegally collected or received by the City, such amount shall be refunded to the person who paid it upon a written claim for refund filed with the City Manager within a year of the payment sought to be refunded.

E. The collector may examine and audit all the books and business records of a refund claimant to determine entitlement to the claimed refund. No claim for refund shall be allowed if the claimant refuses to allow such examination of the claimant’s books and business records.

F. A sum erroneously paid under this chapter due to an error of the City shall be refunded to the claimant in full upon a claim filed within one year of the payment sought to be refunded. If an error is attributable to the claimant, the City may retain an amount established by resolution of the City Council to recover the City’s cost to process the claim and refund the balance.

4.76.110. Tax administration.

A. It shall be the duty of the City Manager to collect the taxes, penalties, and interests, and perform the duties this chapter requires.

B. The City Manager may from time to time promulgate such administrative rules and procedures consistent with the purpose, intent, and terms of this Chapter as he or she deems necessary to implement or clarify it or to aid in its enforcement.

He or she shall give notice of those regulations as required for ordinances of the City Council and such regulations shall take effect upon such notice unless a particular regulation provides otherwise.

C. The City Manager may take such administrative actions as needed to administer the tax, including but not limited to:

1. Provide information about this Chapter to any taxpayer; MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 62 of 292 SECOND

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2. Receive and record all taxes remitted to the City under this Chapter;

3. Maintain records of taxpayer reports and taxes collected under this Chapter;

4. Assess penalties, fines and interest charges to taxpayers under this Chapter;

5. Determine amounts owed and enforce collection under this Chapter; and

6. Take such other reasonable steps as he or she deems appropriate to enforce this Chapter.

D. The City council may establish by ordinance or resolution penalties, fines and interest charges related to this chapter.

4.76.120. Appeals.

Any person aggrieved by any decision of the City under this Chapter may appeal to the City Council pursuant to the procedures described in Section 1.08.030 of this Code. The City Council may, but need not, appoint a hearing officer to decide appeals or to provide a recommended decision for the City Council’s review. Judicial review of the City’s final action on any such appeal shall be available under California Code of Civil Procedure section 1094.5.

4.76.130. Consistency with business license tax.

The City Council intends this Chapter to be enforced consistently with the balance of Title 4 of this Code and any rule or regulation promulgated under that title except as this chapter expressly requires to the contrary.

4.76.140 – Constitutionality and legality.

A. The tax imposed under this Chapter is intended to be applied consistently with the United States and California Constitutions and applicable law. The tax shall not be applied to cause an undue burden upon interstate or inter–city commerce, a violation of the equal protection or due process clauses of those Constitutions, to constitute a special tax, or to violate any other provision of applicable law.

B. Under California Constitution, Article XIII B, the appropriation limit for the City is hereby increased to the maximum extent over the maximum period of time allowed under law by the amount of the revenues generated by the tax imposed by this chapter.

SECTION II. Amendment. To the extent Article XIII C of the California Constitution allows, the City Council may amend this Ordinance without a vote of the people, except that voter approval shall be required for any amendment that would increase, within the meaning of Government Code section 53750, subdivision (h), the tax rate beyond the maximum rates this Ordinance authorizes.

SECTION III. CEQA. This Ordinance is exempt from the California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et seq., because it can be seen with certainty that there is no possibility that its enactment would have a significant effect on the environment (Pub. Resources Code 21065, CEQA Guidelines 15378(b)(4), 15061(b)(3) and because the Ordinance involves the approval of government revenues to fund existing services (Pub. Resources Code 21080, subd. (b)(8); CEQA Guidelines 15273(a)(4). It does not make any commercial activity lawful nor commit the City to fund any particular activity.

SECTION IV. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The People of the City of Montclair declare that they would have adopted this Ordinance, and each section, subsection, sentence, clause, phrase or portion of it, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions might be declared invalid or unconstitutional.

SECTION V. Effective Date. This Ordinance shall take effect, under Elections Code sections 9217 and 9122, 10 days after certification of its approval by a majority of those voting on the measure at the November 8, 2022 general municipal election.

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SECTION VI. Certification. Upon approval by the voters, the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause it to be published according to law.

SECTION VII. Execution. The Mayor shall sign and the City Clerk shall attest to the adoption of this ordinance upon certification by the City Council of the results of the election approving this ordinance.

APPROVED AND ADOPTED this Xth day of November, 2022.

Mayor
ATTEST:

City Clerk
I, Andrea M. Myrick, City Clerk of the City of Montclair, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance No. 22–999 of said City, which was introduced at a regular meeting of the City Council held on the XX day of XX, 2022, and finally passed not less than five (5) days thereafter at a regular meeting on the XX day of XX, 2022, by the following vote, to–wit:

AYES: XX
NOES: XX
ABSTAIN: XX
ABSENT: XX

Andrea M. Myrick
City Clerk
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CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 15, 2022
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, 2022.

BACKGROUND: Included in the City Council’s agenda packet is a copy of the Treasurer's Report for the period ending July 31, 2022.

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, 2022.

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CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 15, 2022
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 2
FILE I.D.: FIN540
DEPT.: FINANCE
PREPARER: L. LEW/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 Ruh has examined the Warrant Register dated August 15, 2022, and the Payroll Documentations dated July 3, 2022, and July 17, 2022, and recommends their approval.

FISCAL IMPACT: The Warrant Register dated August 15, 2022, totals $2,743,764.37.

The Payroll Documentation dated July 3, 2022 totals $712,817.94 gross, with $498,513.69 net being the total cash disbursement.

The Payroll Documentation dated July 17, 2022 totals $657,648.47 gross, with $588net being the total cash disbursement.

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

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CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 15, 2022
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, 2022, 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, 2022.

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, 2022.

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CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 15, 2022
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, 2022, pursuant to state law.

BACKGROUND: Vice Chair Ruh has examined the Successor to the Redevelopment Agency Warrant Register dated 07.01.22–07.31.22 in the amounts of $6,121.49 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 Ruh 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, 2022.

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CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 15, 2022
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, 2022, 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, 2022.

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, 2022.

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CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 15, 2022
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, 2022, pursuant to state law.

BACKGROUND: Vice Chair Ruh has examined the Warrant Register dated 07.01.22–

07.31.22 in the amount of $32,000.79 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 Ruh recommends the Montclair Housing Corporation Board of Directors approve the Warrant Register for the period ending July 31, 2022.

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 70 of 292

CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 15, 2022
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, 2022, 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, 2022.

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, 2022.

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 71 of 292

CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 15, 2022
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, 2022, pursuant to state law.

BACKGROUND: Vice Chair Ruh has examined the Warrant Register dated 07.01.22–

07.31.22 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 Ruh recommends the Montclair Housing Authority Commission approve the Warrant Register for the period ending July 31, 2022.

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 72 of 292

CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 15, 2022
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 9
FILE I.D.: CCK280
DEPT.: CITY MGR./CITY CLERK
PREPARER: A. MYRICK
SUBJECT: CONSIDER AUTHORIZING THE DESTRUCTION OF CERTAIN OBSOLETE PUBLIC RECORDS

PURSUANT TO THE CITY OF MONTCLAIR RECORDS RETENTION SCHEDULE REASON FOR CONSIDERATION: City Council approval is required for the destruction of obsolete records in accordance with the Records Retention Schedule on a periodic basis.

The City Council is requested to authorize the destruction of certain obsolete public records pursuant to the City of Montclair Records Retention Schedule.

The subject records requested for destruction are listed on the attached City of Montclair Destruction of Public Records Forms. The current lists consist of records from the Finance and Human Services Department.

BACKGROUND: On November 19, 2012, the City Council adopted Resolution No. 12– 2973 establishing the Montclair Records Retention Schedule as the City of Montclair’s Official Records Management Program, and providing ongoing authority for the destruction of obsolete public records in accordance with the Records Retention Schedule by the City Clerk, with review and consent by the City Attorney.

In 2016, the City entered into Agreement No. 16–81 with Corodata for off–site records storage and other records management services.

FISCAL IMPACT: There would be no fiscal impact directly related to authorizing the destruction of the subject Human Services Department’s records, as the Department maintains the subject records within staff offices, and will be using staff time and the City’s monthly on–site shred service to destroy the records once approved.

The Finance Department’s records are stored at Corodata, the City’s contracted off–site records storage facility. The current rate for Corodata to destroy records stored at its facility is $7.20 per box, plus a supplemental energy charge on the total invoice of 5 percent. There are 33 boxes of Personnel and Finance records stored at Corodata due for destruction. The total cost to have Corodata destroy the records would be $249.48, and the monthly storage rate would be reduced by $9.70 ($0.28 per box per month, plus the energy fee), for a total annual cost reduction of $116.42 for one year, making the total net impact to the General Fund for the year $133.06. The cost for this action would be charged to the City Clerk Contract Services budget (Account No. 1001–4314– 52450–400–00000), which has sufficient funds to cover the charge. Upon destruction, the City would receive a Certificate of Destruction for our records from Corodata, which lists the boxes that were destroyed. The web application maintains the information that was associated with the destroyed boxes in its database, including staff–provided descriptions of what the boxes’ contents were.

It should be noted that the cost for removal of the boxes from Corodata’s inventory permanently to destroy the contents of the boxes ourselves would incur a much higher total cost, which would include fees of $2.15 for retrieval, $7.45 for removal, and $2.65 for delivery for each box, and an $22.40 charge for a one–way delivery trip (although it MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 73 of 292 may take multiple trips), totaling an estimated $447.98, assuming only one trip is needed and no additional fees apply.

RECOMMENDATION: Staff recommends the City Council authorize the destruction of certain obsolete public records pursuant to the City of Montclair Records Retention Schedule.

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CITY OF MONTCLAIR

DESTRUCTION OF PUBLIC RECORDS FORM
Please refer to the City of Montclair Records Retention Schedule for record retention guidelines for each department.

The retention period has expired for the records listed below pursuant to the City of Montclair’s Records Retention Schedule.

Department: Finance Page 1 of 1
Record type &
Retention Period Description of Records Period covered
Additional
Notes
Bank Deposits/
Receipts AU+4
FIN 1527‐FIN 1538
Cash Receipts FY16‐17 12 boxes at Corodata
Payroll/Timesheet
AU+6
FIN 1268
Check Prooflist 7/6/8‐12/21/8 FY07‐08 1 box at Corodata Payroll/Timesheet
AU+6
FIN 1351
Payroll (FLSA FY 97/98‐FY11/12)
FY97‐98 ‐
FY11‐12
1 box at
Corodata
Checks
AU+5
FIN 1353, FIN 1541, FIN 1590
JD Property Summaries/Statements
FY12‐13, FY
16‐17, 7‐8/15
3 boxes at
Corodata
Payroll/Timesheet
AU+6
FIN 1384, 1386
Payroll Check Proof List/DS Time Sheets
7/2011 ‐
6/2012
2 boxes at
Corodata
Warrant Checks
AU+5
FIN 1553
Warrant M‐O.F. Wolfinbarger FY16‐17 1 box at Corodata
Cashier's Reports
AU+4
FIN 1592
Credit Card Receipts and Statements FY16‐17 1 box at Corodata Journal Entries
AU+4 Journal Entries FY14‐15 ‐ FY15‐16
1 box at
Corodata
Billing Records
AU+2
FIN 1627, FIN 1702, FIN 1703
Sewer and Trash Receipts
10/2018‐
1/2020
3 boxes at
Corodata
Checks
AU+5
FIN1649
MHA/MHC/RDA Treasurer Report Imprest
FY13‐14 1 box at
Corodata
BL App/Reports
CL+2
FIN 1660‐1662, FIN1673
Business License In‐Town Closed Accts
FY16‐17 to
FY18‐19
3 boxes at
Corodata
Approval for destruction of listed records:

Dept. Records Manager: Date:

Department Head: Date:

City Clerk: Date:

City Attorney: Date:
8/11/2022
8/9/2022
8/9/2022
MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 76 of 292

CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 15, 2022
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 10
FILE I.D.: VEH125/450
DEPT.: PUBLIC WORKS
PREPARER: M. PARADIS
SUBJECT: CONSIDER AUTHORIZING THE PURCHASE OF A VACTOR CNG 2110 PLUS SEWER CLEANER TRUCK FROM HAAKER EQUIPMENT CO.

CONSIDER DECLARING A 2004 INTERNATIONAL COMBO SEWER TRUCK (UNIT 314)

AS SURPLUS AND AVAILABLE FOR AUCTION
REASON FOR CONSIDERATION: The City Council is requested to consider authorizing the purchase of a Vactor CNG 2110 Plus Sewer Cleaner from Haaker Equipment Co. and declaring Unit 314 as surplus and available for auction. Any purchase over $15,000 requires City Council approval.

BACKGROUND: The City owns a 2004 International combo sewer truck (Unit 314), which is no longer compliant with emissions requirements by the South Coast Air Quality Management District. Therefore, it cannot be driven on any California roadway after January 1, 2023.

In the Public Works Department’s Fiscal Year 2022–23 Budget, the City Council approved funding for purchasing a new combination sewer and storm drain cleaning truck. The vehicle will replace Unit 314 and be used to clean storm drain facilities and vacuum out raw sewage in the event of a sanitary sewer overflow. It could also be used for potholing around underground utilities and other maintenance activities.

Staff received three quotes for comparable vehicles, as shown below:

Company Vehicle Quote
Nixon–Egli Equipment Co. Sewer Equipment of America 900–ECO–9 $597,892.24 MME Vac–Con Model V311LHAEN–P/1000 $571,706.97
Haaker Equipment Co. Vactor CNG 2110 Plus Sewer Cleaner $564,560.05 Staff determined that the quote from Haaker Equipment Co. is the best value for the City.

FISCAL IMPACT: Sewer Operating Funds in the amount of $568,222 were included in the Fiscal Year 2022–23 Budget for the purchase of the new combination sewer and storm drain cleaning truck. The proceeds from the sale of surplus Unit 314 will be returned to the Sewer Equipment Replacement Fund.

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

1. Authorize the purchase of a Vactor CNG 2110 Plus Sewer Cleaner from Haaker Equipment Company

2. Declare a 2004 International Combo Sewer Truck (Unit 314) as surplus and available for auction.

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CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 15, 2022
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 1
FILE I.D.: STA815
DEPT.: PUBLIC WORKS
PREPARER: R. HOERNING
SUBJECT: CONSIDER AMENDING THE 2019–2024 CAPITAL IMPROVEMENT PROGRAM TO

INCLUDE THE HOLT BOULEVARD MEDIAN AND STREET REHABILITATION PROJECT CONSIDER APPROVAL OF AGREEMENT NO. 22–84 WITH HR GREEN PACIFIC FOR THE

PREPARATION OF PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF

MEDIAN AND STREET REHABILITATION IMPROVEMENTS ON HOLT BOULEVARD

FROM RAMONA AVENUE TO BENSON AVENUE, SUBJECT TO ANY REVISIONS DEEMED

NECESSARY BY THE CITY ATTORNEY
CONSIDER APPROVAL OF AGREEMENT NO. 22–85 WITH AGA ENGINEERS, INC. FOR

THE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF

TRAFFIC SIGNAL UPGRADES AND TRAFFIC SIGNAL INTERCONNECT AND

BROADBAND FIBER OPTIC IMPROVEMENTS, SUBJECT TO ANY REVISIONS DEEMED

NECESSARY BY THE CITY ATTORNEY
CONSIDER AUTHORIZING A $503,000 APPROPRIATION FROM 2021 LEASE REVENUE BOND PROCEEDS FOR COSTS RELATED TO AGREEMENT NOS. 22–84 AND 22–85 CONSIDER AUTHORIZING A $45,829.25 DESIGN SERVICES CONTINGENCY FOR THE

PROJECT
REASON FOR CONSIDERATION: The City Council is requested to consider taking actions related to the design of street improvements and traffic signal upgrades and traffic signal interconnect, and broadband fiber optic improvements for the Holt Boulevard Median and Street Rehabilitation Project from Ramona Avenue to Benson Avenue.

Amendments to the Capital Improvement Program, agreements for professional services with the City, and appropriations of unbudgeted funds require City Council approval.

A copy of proposed Agreement No. 22–84 with HR Green Pacific and Agreement No. 22– 85 with AGA Engineers, Inc. are attached for City Council’s review and consideration.

BACKGROUND: On December 2, 2019, the City Council approved the City of Montclair Capital Improvement Program for Fiscal Years 2019–20 through 2023–24 to assure that long–range capital project objectives will receive proper consideration.

On October 18, 2021, and November 10, 2021, the City Council held workshops to discuss the 2021 Lease Revenue Bonds (LRB) Infrastructure projects. The workshops outlined several street improvement projects and other infrastructure projects, including the Holt Boulevard Median and Street Rehabilitation Project; and the Citywide Broadband Infrastructure initiative program.

The City’s proposed General Plan incorporates a transition from a traditional automobile–prioritized transportation system to the concept of Complete Streets, where streets are designed and operated for safe access for all. The plan will create a balance for all users of all age groups and all abilities, including pedestrians, bicyclists, motorists, and public transportation users.

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 80 of 292 The General Plan Update underway identifies adding a five–foot curb–adjacent landscaped parkway to separate the existing two travel lanes along Holt Boulevard to accommodate a bicycle lane. Also, in late 2020, the City completed the Montclair Active Transportation Plan, which identifies the incorporation of a Class II – Buffered Bicycle Lane or Class IV – Separated Bicycle Lane from Mills Avenue to Benson Avenue.

City staff believes an alternative to the curb–adjacent landscape parkway proposed in the General Plan Update is to implement a buffered bike lane to protect both bicyclists and pedestrians from motor vehicles. To accomplish these street safety and beatification improvements on–street parking will be curtailed along a majority of the roadway.

Furthermore, this alternative can be implemented in phases through a short (quick build) “striping” and long–term (ultimate) “hard and soft–scape” corridor development approach.

This approach will achieve the goals and objectives of the two planning documents cost– effectively. The consultant will be responsible for preparing the necessary plans to address the short– and long–term development plans.

The City solicited proposals via Planet Bids to five prequalified engineering firms for the Holt Boulevard Median and Street Rehabilitation Project. The City received two proposals from the firms Kimley–Horn and Associates, Inc., and HR Green Pacific.

A panel of three staff members from the Public Works Department reviewed all proposals based on the criteria of qualifications, experience with similar projects, completeness, and clarity of proposal. The evaluating panel selected HR Green Pacific (HR Green) as the successful applicant. HR Green has completed similar design projects for the cities of Claremont and Pomona. HR Green is currently providing the same services for the City of Pomona’s Holt Boulevard corridor, allowing for good coordination and an understanding of the design challenges that need to be addressed. Staff believes HR Green’s project team’s experience is well suited to this project, and their fee is reasonable.

AGA Engineers (AGA) is currently under contract with the City (Agreement No. 20–63) as the on–call engineering firm responsible for reviewing traffic signal improvement projects and maintaining the traffic signal coordination of signalized intersections throughout the City. AGA designed the signal interconnect and fiber optic for Central Avenue (Phase I) Improvements. They are contracted to complete similar work for Central Avenue (Phase II) and Arrow Highway projects. AGA has the best understanding of Montclair’s traffic signal needs and as such were solicited to submit a fee proposal for the engineering design of the Holt Boulevard traffic signal and interconnect fiber optic improvements. These improvements also support the City’s Broadband initiatives.

Staff recommends AGA Engineers be retained to prepare traffic engineering plans and specifications for the traffic signal upgrades at five intersections and the traffic signal interconnect and broadband fiber optic infrastructure on Holt Boulevard from Ramona Avenue to Benson Avenue. AGA previously completed the segment of Holt Boulevard from Mills to Ramona Avenue with the street rehabilitation of this section of Holt Boulevard.

FISCAL IMPACT: The cost associated with Agreement No. 22–84 with HR Green is $304,430.75. The cost associated with Agreement 22–85 with AGA Engineering is $152,740. Staff is requesting an additional $45,829.25 appropriation as a contingency if additional work is required beyond the scope of services for a total request of $503,000. Funds for this contract would be provided by 2021 Lease Revenue Bond Proceeds.

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 81 of 292 RECOMMENDATION: Staff recommends that the City Council take the following actions:

1. Amend the 2019–2024 Capital Improvement Program to include the Holt Boulevard Median and Street Rehabilitation Project;

2. Approve Agreement No. 22–84 with HR Green Pacific for the preparation of plans and specifications for the construction of median and street rehabilitation improvements on Holt Boulevard from Ramona Avenue to Benson Avenue, subject to any revisions necessary by the City Attorney;

3. Approve Agreement No. 22–85 with AGA Engineers, Inc. for the preparation of plans and specifications for the construction of traffic signal upgrades and traffic signal interconnect and broadband fiber optic improvements, subject to any revisions deemed necessary by the City Attorney;

4. Authorize a $503,000 appropriation from 2021 Lease Revenue Bond proceeds for costs related to Agreement Nos. 22–84 and 22–85; and

5. Authorize a $45,829.25 design services contingency for the Project.

MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 82 of 292 Project Name:

Project Details:

Project No. (Assigned by Finance):

Phase Prior Years 2019/2020 2020/2021 2021/2022 2022/2023 2023/2024 Total Fund/Program Environmental
Design 503,000.00 503,000.00 2021 Lease
Revenue Bonds
R/W Acquisition
Construction 2021 Lease
Revenue Bonds
Total 0.00 0.00 0.00 0.00 503,000.00 0.00 503,000.00
Approvals:

Department: By: Date:

Finance By: Date:

City Council Date:

Total Project
Cost: 503,000.00
Revision Number:

Holt Boulevard Median and Street Rehabilitation Project Fiscal Years
Preparation Date: August 9, 2022 Department: Public Works Contact/Ext.: Rosemary Hoerning
Infrastructure Fund
Capital Project Funding Information
Median Landscape/Hardscape and Street Rehabilitation, Bufferred Bicycle Lane & Traffic Signal (TS) Upgrades and Fiber Optic TS Interconnect /Citywide Broadband Initiative support
MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 83 of 292

CITY OF MONTCLAIR

AGREEMENT FOR CONSULTANT SERVICES

HOLT BOULEVARD STREET REHABILITATION PROJECT
THIS AGREEMENT is made and effective as of on August 15, 2022, between the City of Montclair, a municipal corporation ("City") and HR Green Pacific, Inc., a California corporation ("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 16, 2022 and shall remain and continue in effect for a period of twenty months until tasks described herein are completed, but in no event later than June 2024 unless sooner terminated pursuant to the provisions of this Agreement.

2. SERVICES
Consultant shall perform the tasks described and set forth in Exhibit B, 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 B.

3. PERFORMANCE
Consultant shall at all times competently perform all tasks described herein in a manner consistent with professional standard of care and skill ordinarily exercised by members of the same profession currently practicing at the same time and in the same or similar locality.

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

5. PAYMENT
(a) The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed three hundred four thousand four hundred thirty dollars and seventy five cents ($304,430.75) for the total term of the Agreement unless additional payment is approved as provided in this Agreement.
(b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City’s written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work not to exceed 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 will submit invoices monthly for actual services performed. Said invoices shall detail all costs, rates and hours for individual tasks. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month.

Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of the Consultant’s fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. 1 of 37
Agreement No. 22-84
MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 84 of 292 Agreement No. 22-84
Holt Boulevard Rehabilitation Project
(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.

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

7. DEFAULT OF CONSULTANT
(a) The Consultant’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall compensate Consultant for work performed in a manner consistent with professional standard of care. City can terminate this Agreement after providing Consultant seven (7) days prior notice if the Consultant is in default of this Agreement. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant’s control, and to the extent the default is without fault or negligence of the Consultant, it shall not be considered a default. (b) If the City Manager or his/her delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

8. OWNERSHIP OF DOCUMENTS
(a) Consultant shall maintain complete and accurate records with respect to billed time, sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. (b) Upon completion of, or in the event of termination or suspension of this Agreement, and payment to Consultant for all monies due under this Agreement, all original documents, including computer files, prepared by Consultant during its performance of services under this Agreement (“Documents”) shall become the sole property of the City. Documents are not intended or represented to be suitable for reuse by City or others on any other project. Any reuse or modification of the work product without the prior written consent of Consultant will be at the sole risk of the City. The City agrees to indemnify and hold harmless 2 of 37 MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 85 of 292 Agreement No. 22-84
Holt Boulevard Rehabilitation Project
from any and all liabilities, damages, and costs arising out of or related to the misuse or unauthorized reuse of Documents. 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. In accordance with California Civil Code 2782.8 which is fully incorporated herein. Consultant shall indemnify, and hold harmless the City, its present officers, directors and employees, (collectively, the “Indemnified Parties”), of and from all damages, liabilities and costs, including reasonable attorney’s fees and court costs , and liability for personal injury, bodily injury to persons, damage to property, or any other loss, damage, injury or other claim of any kind or nature arising out of the work to be performed , to the extent caused by the negligent acts, errors, or omissions, or intentional misconduct of Consultant, including its subcontractors, subconsultants, employees, agents, and other persons or entities performing work for Consultant. (b) Contractual Indemnity. To the fullest extent permitted under California law, and in accordance with California Civil Code 2782.8 which is fully incorporated herein, Consultant shall contractually indemnify and hold harmless the Indemnified Parties from and against any liability, damages, and costs including reasonable attorney’s fees and court costs arising out of or related to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to Consultant’s officers, agents, representative, employees, independent contractors, subcontractors, subconsultants, and/or its or their employees, agents and representatives, to the extent caused by the negligent acts, errors or omissions, or intentional misconduct of Consultant, including its subcontractors, subconsultants, employees, agents and other persons or entities performing work for Consultant. Indemnification shall include any claim that Consultant, or Consultant’s employees or agents, are or may be considered and treated as employees of the City or are entitled to any employee benefits from City including but not limited to those available under Public Employees Retirement Law. The obligation to indemnify and hold harmless the Indemnified Parties shall not apply to claims arising from the sole negligence or willful intentional misconduct of the Indemnified Parties.
(c) Subcontractors/Subconsultants and Indemnification. Consultant agrees to and shall obtain executed indemnity agreements in favor of the Indemnified Parties with provisions identical to those set forth from each and every Subcontractor, Sub consultant, or other person or entity involved by, for, with, or on behalf of Consultant in the performance of any aspect of this Agreement. In the event Consultant fails to obtain such indemnity obligations, Consultant shall be fully responsible for each and every Subcontractor, Subconsultant or other person or entity in terms of defense, indemnity and hold harmless obligations in favor of the Indemnified Parties as set forth above. This obligation to indemnify and defend the Indemnified Parties is binding on the successors, assigns, or heirs of Consultant and shall survive the full performance or termination of this Agreement. These indemnification provisions are independent of and shall not in any way be limited or superseded by the insurance requirements and insurance-related provisions of this Agreement.
(d) City Lost or Damaged Property – Theft. Consultant further agrees to indemnify and hold pay or cause to be paid to the Indemnified Parties’ harmless from benefit, any and all damages, fines, penalties of property of the City to the extent caused by the negligent acts, errors or omissions, or willful misconduct of Consultant or of Consultant’s officers, agents, representatives, employees, independent contractors, subcontractors and/or its or their employees, agents and representatives. City assumes no responsibility whatsoever for any property placed on the premises of City. Consultant further agrees to waive all rights of subrogation against the Indemnified Parties. (e) Non-Waiver and Non-Exhaustion of City’s Further Rights and Remedies. No aspect of this provision shall in any way limit or effect the rights of the Indemnified Parties against the Consultant under the terms of this Agreement or otherwise. The indemnification provisions extend to claims arising after this Agreement is performed or terminated, including a dispute as to the termination of Consultant. The 3 of 37 MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 86 of 292 Agreement No. 22-84
Holt Boulevard Rehabilitation Project
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.
(f) Limitations on Scope of Indemnity. Notwithstanding the foregoing, Consultant shall not be responsible for indemnification for liabilities, damages, and costs claims or losses caused by the sole negligence or intentional wrongdoing of Indemnified Parties. (g) The obligations of Consultant under this or any other provision of this Agreement shall not be limited by the provisions of any workers’ compensation act or similar act. The Consultant expressly waives any statutory immunity under such statutes or laws as to the Indemnified Parties. The Consultant’s indemnity obligation set forth in this Section 9 shall not be limited by the limits of any policies of insurance required or provided by the Consultant pursuant to this Agreement. (h) The Consultant’s covenant under this Section 9 shall survive the expiration or termination of this Agreement.

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

If 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.
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(b) Endorsements
Insurance policies shall not be in compliance if they include any limiting provision or endorsement.

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

Additional Insured Endorsements shall not:

1. Be limited to “Ongoing Operations”

2. Exclude “Contractual Liability

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

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

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

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

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

The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control and shall not be construed to be employees of City for any purpose, including eligibility under Public Employees Retirement Law. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Consultant shall be solely responsible and hold the City harmless for all matters relating to the payment of Consultant’s employees, including compliance with Social Security withholdings and all other regulations governing such matters. (b) No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall 7 of 37 MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 90 of 292 Agreement No. 22-84
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not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.

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

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

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

15. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, responses to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena.
(b) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, requests for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests 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 8 of 37 MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 91 of 292 Agreement No. 22-84
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not contracted with nor is performing any services, directly or indirectly, with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area and further covenants and agrees that Consultant and/or its subconsultants shall provide no service or enter into any agreement or agreements with a/any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area prior to the completion of the work under this Agreement. Further, Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to the City as a result of the performance of this Agreement, or the services that may be procured by the City as a result of the recommendations made by the Consultant. The Consultant’s covenant under this Section shall survive the termination of this Agreement.

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

To City:

City Engineer
City of Montclair
5111 Benito
Montclair, CA 91763
To Consultant: Timothy Hartnett
HR Green Pacific, Inc.
1260 Corona Pointe, Suite 305
Corona, CA. 92879

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

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

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
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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
Consultant is bound by the contents of City’s Request for Proposal, Exhibit "A" hereto and incorporated herein by this reference, and the contents of the proposal submitted by the Consultant, Exhibit "B" hereto. In the event of conflict, the requirements of City’s Request for Proposals and this Agreement shall take precedence over those contained in the Consultant’s proposals.

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

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

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

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

Such claims and any subsequent lawsuit based upon the claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by 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. 10 of 37 MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 93 of 292 Agreement No. 22-84
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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 Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.

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

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

CITY OF MONTCLAIR CONSULTANT
By: By:

Javier John Dutrey, Mayor Name: Timothy Hartnett
Title: Vice President
Attest:

By: By:

Andrea M. Myrick, City Clerk Name: George Wentz
Title: Vice President
Approved as to Form:

By:

Diane E. Robbins, City Attorney
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CITY OF MONTCLAIR

REQUEST FOR PROPOSALS FOR
Holt Boulevard Street
Rehabilitation Project
Proposal due date: July 20, 2022 at 10:00 a.m.

Exhibit A 12 of 37 MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 95 of 292

INTRODUCTION
The City is seeking an engineering firm to prepare plans and specifications to rehabilitate Holt Boulevard street improvements from Ramona Avenue to Benson Avenue. The segment of Holt Boulevard from Mills Avenue to Ramona Avenue was rehabilitated in 2020. Holt Boulevard, a generally commercial corridor, is a divided arterial, an unrestricted truck route, and an Omnitrans bus route. Currently, San Bernardino County Transportation Authority (SBCTA) and Omnitrans are completing (90% complete) the West Valley Connector Corridor Project, which will provide a bus rapid transit (BRT or referred as Express Bus) route with multiple BRT Stations, and pedestrian and bicycle access improvements. East & west bound Holt Boulevard BRT Loading Stations are planned at Ramona and Central avenues in the City of Montclair. The City’s Holt Boulevard street rehabilitation project shall be coordinated with the West Valley Connector Corridor Project.

BACKGROUND
The City’s General Plan incorporates a transition from a traditional automobile prioritized transportation systems to the concept of Complete Streets where streets are designed and operated for safe access for all. Creating a balance for all users of all age groups and all abilities, including pedestrians, bicyclists, motorist, and public transportation users.

The current Holt Boulevard street configuration includes curb and gutter, adjacent sidewalk, on street parking, two (2) vehicular travel lanes each way, and a landscaped median. The General Plan Update that is underway identifies the addition of a curb adjacent 5 foot landscaped parkway, maintaining the two (2) travel lanes (Figure B27).

In late 2020, the City completed the Montclair Active Transportation Plan which identifies the incorporation of a Class II – Buffered Bicycle lane or Class IV – Separated Bicycle Lane from Mills Avenue to Benson Avenue (Figure 4-2). These planning documents are available on the City’s Website under “Current Projects in Montclair.” City staff believes an alternative to the curb adjacent landscape parkway proposed in the General Plan Update is to implement a buffered bike lane, which would protect both bicyclists and pedestrians from motor vehicles. This approach will achieve the goals and objectives of the two planning documents in a cost effective manner. Furthermore, this alternative can be implemented in phases through a short (quick build) and long term (ultimate) corridor development approach.

The consultant will be responsible for preparing the necessary plans to address both the short and long term development plan. In both cases, on street parking will be eliminated, except adjacent to the City’s Reeder Ranch and Park development project Exhibit A 13 of 37 MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 96 of 292 located on the south side of Holt Boulevard between Amherst Avenue and Ramona Avenue. The Reeder Ranch and Park Project is presently under design development and has limited onsite parking potential. Off site, on street parking, will be maintained along the south side of Holt Boulevard from Amherst to Ramona avenues. Coordination with the consultant preparing the Reeder Ranch and park improvements will be required. The Consultant will be required to incorporate final drive approaches, and parking, sidewalk, curb, street lighting, etc., adjustments to support the Reeder Ranch and Park Project into the Holt Boulevard street improvements plans.

Holt Boulevard (formerly State Route 26) is an older developed corridor that has undergone some changes over the years. The consultant shall evaluate the existing drive approaches to assess the viability of potentially eliminating some driveway cuts to reduce cross traffic and improve safety. This evaluation shall be presented to the City in a technical report. The final City approved adjustments to driveway locations and associated improvements will be incorporated into the project.

The following is a description of the alternate street corridor short and long term plan.

Short-Term Development Condition:
 Plans to Implement a Class II - Buffered Bicycle Lane (Thermoplastic & Markers) The Short-Term Striping plans shall be prepared on Holt Boulevard for the reach from Mills Avenue to Benson Avenue. The segment of Holt Boulevard from Mills Avenue to Ramona Avenue was completed in advance of the Montclair Active Transportation Plan. Therefore, the striping does not provide for the bike lane facilities. This project will include ultimate striping improvements for Holt Boulevard from Mills to Benson avenues. These striping plans shall mirror/overlay the layout for the Long-term improvements. Thus, the striping configuration shall conform to radius tapper (truck turning) requirements, etc.

Long-Term Development Condition:
 Plans to Implement a Class IV – Separated Bicycle Lane (Hardscape/Landscape) The separated bicycle lane shall consist of a raise curb and transition radius tapper and a coordinated landscaped area that physically separates motorists from the curb adjacent bicycle lane. An example of this concept is Rosemead Boulevard in Temple City.

Exhibit A 14 of 37 MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 97 of 292 The Consultant shall provide hardscape, landscape and irrigation construction plans for the entire reach of Holt Boulevard (Mills Avenue to Benson Avenue).

These plans shall provide the layout and necessary detail for the following:
o Raised curb and gutter, and transition radius tapper (truck turning); o Pavement striping/markers and signage;
o Pavement protection details;
o Drought Tolerant (California Friendly & application suitable) Landscape pallet and planting pattern*;
o Irrigation layout, materials, details and MWELO Calculations; and o Other appurtenances
*The Consultant shall submit a landscape pallet and planting options for City approval.

A rendering of the final landscape shall be provided.

A few years ago, the City of Montclair began installing bicycle paths in accordance with the Active Transportation Plan to provide safe alternate transportation options for the community. These alternative transportation options improve quality of life and reduce greenhouse gas emissions and provide the necessary facilities for a healthy community.

The Long-Term Development Condition detail plan(s) will allow the City to present a shovel ready project, on a major thoroughfare that encourages all ages of bike riders due to a higher level of bicyclist projection. These documents also provide a coordinated corridor plan that the City can use as a guidance document.

SCOPE OF SERVICES
In addition to evaluating and designing the necessary street improvements associated with the Short and Long Term Corridor Development plans and preparing a technical report regarding driveway cuts, the street pavement rehabilitation improvement work shall be constructed from Ramona Avenue to Benson Avenue and shall include the following items, but is not limited to:
 Addressing spot pavement and subgrade repair;
 Grinding (3”) and installing Asphalt Rubber Hot Mix (ARHM) Pavement Overlay;  Upgrading handicapped ramps to comply with ADA requirements;  Preparing signage and striping plans, including provisions to ensuring smooth and safe vehicular and bicycle transitions;
 Landscape median modifications/upgrades (replacement of plants & damaged hardscape, and safety measures/signage);
 Coordination, assistance (providing AutoCAD Base & UG Utility Plan Information) to the City’s Traffic Engineering firm which will prepare improvement plans and technical specification to implement Traffic Signal Upgrades & Traffic Signal Interconnect and Broadband Fiber Optic system and appurtenances. The Exhibit A 15 of 37 MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 98 of 292 Consultant shall incorporate these traffic construction documents into the street improvement project construction documents; and
 Coordination with adjoining cities of Pomona & Ontario existing improvements The preparation of plans and specifications for bidding purposes also requires coordination with utilities, and conformance with all regulatory requirements.

The Consultant shall provide plan/specification review submittals to the City at 60%, 90%, and 100% complete. Consultant shall provide preliminary and final estimates of probable construction costs. The Consultant shall also provide an estimate of probable cost for the implementation of the Long-Term Landscape barrier improvements. The Consultant shall attend progress meetings and prepare meeting minutes. The consultant shall submit a written progress report with progress payment requests.

The fee proposal shall include all typical project related and due diligence work to prepare accurate, thorough and complete construction documents.

Final product deliverables:
 Technical Report(s)
o Driveway cuts
o Landscape Pallet & Planting Options
o Engineering Probable Cost Estimates (Short & Long Term Improvements)  Signed and stamped mylar plans (and/or plan and profile sheets), 24”X36”  Signed and Stamped Specifications
 Plans & Specifications in .PDF format
 Final AutoCAD drawing files
 Final Specifications in Word format
 As-built mylars and a PDF as-built file
 All project related work products and/or documents as requested by the City The City will address the project CEQA requirements. However, the consultant may be requested to provide exhibits to facilitate CEQA determination and Council approvals.

PROPOSAL FORMAT AND CONTENT
The consultants requested to submit a proposal have submitted a Statement of Qualifications and are prequalified. Consultants shall limit their proposal to 10 pages, excluding cover and resumes. The proposal shall provide all the information requested in this RFP. The Consultant’s proposal shall contain the following information and shall be organized as follows:
a. Project Team
Exhibit A 16 of 37 MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 99 of 292 An organizational chart indicating principals and key project team members with an indication of their involvement in the project. Also provide resumes of the key personnel involved with this project including personnel from sub-Consultants.

For the project engineer/architect and project manager, include information for three (maximum) recent similar projects on his/her record of completion. Include reference contact person, address, and telephone number.
b. Project Scope Work/Work Task Description
Provide a fully developed proposal and task description of the work items planned by the consultant to complete the preparation of the improvement plans and specifications for this project.
c. Project Scheduling
Provide a schedule identifying milestones for the major tasks in the development of the street improvement construction documents, beginning with the Notice to Proceed. d. Resource Requirements
Provide a man-hour and fee estimate for the proposed scope of work. Please state all assumptions upon which the estimates are based.
e. Availability
Provide a statement that the proposed team have availability to perform the services in a timely manner. Continuity and commitment is important to the quality and timely completion of the project. The designated project manager and project engineer shall remain on the project unless otherwise allowed/requested by the City. f. Fee Schedule
The fee proposal shall include a not-to-exceed (NTE) figure and hourly billing rates for typical staff classifications and cost breakdown per task. These rates will be used to negotiate any additional work the City may request. All assumptions upon which the costs are based shall be stated.

Agreement
Exhibit A is a copy of the City’s professional services agreement. Statement certifying that you agree to the City’s Consulting Services Agreement terms and conditions. Any proposed edits to the agreement shall be submitted with the proposal for staff’s review and consideration.

Exhibit A 17 of 37 MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 100 of 292 Insurance
Proof of insurance requirements addressed in the professional services agreement of this Request for Proposal shall be submitted by the selected Consultant upon execution of the original contract for submittal to the City Council for their consideration.

All proposers shall submit a “Statement Certifying Insurance Coverage” certifying that the required insurance coverage will be obtained by the Consultant, and that the Consultant understands said coverage is prerequisite for entering into an agreement with the City. The Consultant is required to confirm with its insurance carrier that it can meet all the requirements for insurance. Failure to meet the insurance regulations as set forth shall result in the Consultant’s disqualification.

SUBMITTAL OF PROPOSAL
Consultants interested in responding to this Request for Proposal shall submit a proposal by 10:00 a.m. on July 20, 2022. The proposal shall be organized as described in the “Proposal Format and Contents.” Any proposals received after 10:00 a.m. on July 20, 2022 will be returned unopened.

Proposals shall be submitted electronically through the Planet Bid platform and one paper copy transmitted to the City to the attention of:

Rosemary Hoerning, PE, PLS, MPA
City Engineering Consultant
City of Montclair
5111 Benito Street
Montclair, CA 91763
Envelope for proposals shall be clearly marked with the notation: “DO NOT OPENPROPOSAL FOR HOLT BOULEVARD STREET IMPROVEMENT PROJECT”

SELECTION PROCEDURES
The proposals received by the submission date will be evaluated on the basis of their responsiveness to this RFP. The City of Montclair reserves the right to establish, add, delete, or modify criteria by which the proposals will be evaluated and to weigh the criteria according to the City’s priorities.

Criteria for the evaluation of the proposals may include, but need not be limited to the following:
• Consultant’s demonstrated understanding of the scope of work.

Exhibit A 18 of 37 MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 101 of 292 • Completeness of proposal.
• The key project team members’ experiences and record in performing similar work.
• Timeliness in accomplishing work assignments for projects in the agreed work. • The resources required to perform the requested services and fee proposal • The consultant’s comments on the professional services agreement or exceptions.

Those consultants considered most responsive to this RFP may be requested to attend at least one interview with the City. The City may determine that a selection can be made without conducting interviews. The tentative time for the interview is the week of July 25, 2022, subject to scheduling.

RIGHT TO REJECT ALL PROPOSALS
The City reserves the right to reduce or revise elements of the scope of work prior to the award of any Contract. Furthermore, the City reserves the right to reject any or all proposals submitted and no representation is made hereby that any Contract will be awarded pursuant to this Request for Proposal, or otherwise. All costs incurred in the preparation of the proposal, in the submission of additional information and/or in any other aspect of a proposal prior to the award of a written contract will be borne by the proposer.

The City will provide only the staff assistance and documentation specifically referred to herein and will not be responsible for any other cost or obligation of any kind which may be incurred by a proposer. All proposals submitted to the City in response to this Request for Proposal shall become the property of the City.

QUESTIONS
For any questions regarding this Request for Proposal, please utilize the planet bid platform.

All questions will be responded to. All questions and answers will be available to all invitees to this request for proposal for engineering services.

However, if there is an issue that requires direct contact, please contact Rosemary Hoerning, City Engineering Consultant at (909) 625-9446 or [email protected] Exhibit A – Professional Services Agreement
Exhibit B – General Plan Update – Figure B27
Exhibit C – Montclair Active Transportation Plan – Figure 4-2 Exhibit D – 90% Submittal West Valley Connector Corridor Project Exhibit A 19 of 37 MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 102 of 292 Exhibit B 20 of 37 MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 103 of 292 Exhibit B 21 of 37 MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 104 of 292 Exhibit B 22 of 37 MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 105 of 292 Exhibit B 23 of 37 MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 106 of 292 Exhibit B 24 of 37 MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 107 of 292 Exhibit B 25 of 37 MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 108 of 292 Exhibit B 26 of 37 MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 109 of 292 Exhibit B 27 of 37 MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 110 of 292 Exhibit B 28 of 37 MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 111 of 292 Exhibit B 29 of 37 MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 112 of 292 Exhibit B 30 of 37 MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 113 of 292 Exhibit B 31 of 37 MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 114 of 292 Exhibit B 32 of 37 MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 115 of 292 Exhibit B 33 of 37 MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 116 of 292 Exhibit B 34 of 37 MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 117 of 292 Exhibit B 35 of 37 MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 118 of 292 Exhibit B 36 of 37 MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 119 of 292 Exhibit B 37 of 37 MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 120 of 292 AGREEMENT NO. 22-85

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CITY OF MONTCLAIR

AGREEMENT FOR CONSULTANT SERVICES
FOR TRAFFIC ENGINEERING – HOLT BOULEVARD
THIS AGREEMENT is made effective as of August 15, 2022, between the City of Montclair, a municipal corporation ("City") and AGA Engineers, Inc., a California Corporation ("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 16, 2022 and shall remain and continue in effect for a period approximately three years, expiring on 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.

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 reference as though set forth in full, based upon actual time spent on the above tasks.
(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 MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 121 of 292 AGREEMENT NO. 22-85

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amounts and in the manner as agreed to by City’s City Manager and Consultant at the time City’s written authorization is given to Consultant for the performance of said services.
(c) Consultant will submit invoices monthly for actual services performed.

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

6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at not less than thirty (30) calendar days’ prior written notice. The Consultant may only terminate this Agreement for cause, and by giving the City prior notice in writing with a reasonable opportunity to cure any purported default. If the Agreement is terminated by the City, and provided Consultant is not then in breach, the Consultant shall be paid for services satisfactorily rendered to the last working day the Agreement is in effect, and the Consultant shall have no other claim against the City by reason of such termination.

The Agreement may be extended beyond the term only by the written agreement of both Parties prior to the expiration of the term of the 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 5(c).

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

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(b) If the City’s 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.

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 MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 123 of 292 AGREEMENT NO. 22-85

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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 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, MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 124 of 292 AGREEMENT NO. 22-85

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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. (e) Non-Waiver and Non-Exhaustion of City’s Further Rights and Remedies.

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

10. INSURANCE
The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

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(a) Types of Required Coverages
Without limiting the indemnity provisions of the Contract, the Consultant shall procure and maintain in full force and effect during the term of the Contract, the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(1) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office on an “occurrence” form CG 00 01, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $2,000,000 per each occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Such limit(s) maybe satisfied by a combination of both primary and excess coverage.
(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 if Consultant owns any vehicles, non-owned and hired autos, with minimum limits of $2,000,000 for bodily injury and property damage, each accident.

If Consultant owns no vehicles, auto liability coverage may be provided by means of a non-owned and hired auto endorsement to the general liability policy. Automobile liability insurance and endorsements shall be kept in force at all times during the performance of this Agreement. Such limit(s) may be satisfied by a combination of both primary and excess coverage.
(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 $1,000,000 each employee for bodily injury by disease, and $1,000,000 policy limit by disease.
(4) Professional Liability: Professional Liability insurance with limit of not less than $3,000,000 each claim and annual aggregate. Covered professional services shall specifically include all services to be performed under the Agreement and delete any exclusion that may potentially affect the work to be performed.
(b) Endorsements
Insurance policies shall not be in compliance if they include any limiting provision or endorsement. The insurance policies shall contain, or be endorsed to contain, the following provisions:
(1) Commercial General Liability
Additional Insured: The City, its elected officials, officers, employees, and boards shall be additional insureds with regard to liability and defense of suits or claims arising out of the work or operations performed by of the Consultant or on behalf of the Consultant including materials, parts or MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 126 of 292 AGREEMENT NO. 22-85

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equipment furnished in connection with such services. Coverage for the additional insureds shall apply to the fullest extent permitted by lawAdditional Insured Endorsements shall not:

1. Be limited to “Ongoing Operations”

2. Exclude “Contractual Liability

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

4. Exclude “Third-Party-Over Actions”

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

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, and boards shall be additional insureds with regard to liability and defense of suits for damages but only to the extent damages are caused by the negligence of the Consultant or on behalf of the Consultant.

Primary Insurance: This insurance shall be primary and any other insurance whether primary, excess, umbrella or contingent insurance, including deductible, or self-insurance available to the insureds added by endorsement shall be in excess of and shall not contribute with this insurance.
(3) Workers’ Compensation
Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation.
(c) Notice of Cancellation
Required insurance policies shall not be cancelled or non-renewed until a thirty (30) day written notice of cancellation has been served upon the Consultant except ten (10) days shall be allowed for non-payment of premium. Consultant agrees to provide City with timely copies of any cancellation or non-renewal Notice(s) it may receive from its insurers within 48 hours of receipt.
(d) Waiver of Subrogation
Required insurance coverages shall not prohibit Consultant from waiving the right of subrogation prior to a loss. Consultant shall waive all rights of subrogation against the indemnified parties and policies shall contain or be endorsed to contain such MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 127 of 292 AGREEMENT NO. 22-85

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

In the event that the Consultant’s operations are suspended for failure to maintain required insurance coverage, the Consultant shall not be entitled to an MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 128 of 292 AGREEMENT NO. 22-85

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extension of time for completion of the Work because of production lost during suspension.
(i) Acceptability of Insurers
Each such policy shall be from a company or companies with a current A.M. Best’s rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. Any other rating must be approved in writing in accordance with the City. (j) Claims Made Policies
If coverage is written on a claims-made basis, the retroactive date on such insurance and all subsequent insurance shall coincide or precede the effective date of the initial Consultant’s Agreement with the City and continuous coverage shall be maintained or an extended reporting period shall be exercised for a period of at least five (5) years from termination or expiration of this Agreement. (k) Insurance for Subconsultants/Subcontractors
Consultant shall be responsible for causing
Subconsultants/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 Subconsultants’/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 CONSULTANT
(a) Consultant is and shall at all times remain as to the City a wholly independent Consultant. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control and shall not be construed to be employees of City for any purpose, including eligibility under Public Employees Retirement Law. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents, except as set forth in this Agreement.

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

Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Consultant shall be solely responsible and hold the City harmless for all matters relating to the payment of Consultant’s employees, including compliance with Social Security withholdings and all other regulations governing such matters.
(b) No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for MONTCLAIR CITY COUNCIL MEETING - 08/15/2022 Page 129 of 292 AGREEMENT NO. 22-85

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compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.

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.

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Montclair City CouncilAugust 15, 2022

Montclair City Council
August 15, 2022