Montclair City Council
December 19, 2022

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, December 19, 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. Community Activities Commission Presentation of 2022 Holiday Home Decoration Contest Winners
B. California Department of Insurance Presentation
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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VII. PUBLIC HEARINGS
A. Second Reading — Consider Adoption of Ordinance No. 22–1002 Amending Specific Chapters of Title 10 of the Montclair Municipal Code Related to the Adoption of Building Codes to Regulate Construction in the City of Montclair and Establishing January 18, 2023 as the Effective Date of the Codes [CC] 6 B. Consider Adoption of Resolution No. 22–3388 Adopting Environmental Findings Pursuant to the California Environmental Quality Act; Certifying the Mission Boulevard and Ramona Avenue Business Park Project Final Environmental Impact Report (EIR) (SCH#2021010005); Adopting a Statement of Overriding Considerations; Adopting a Mitigation Monitoring Program; and Approving the Project Under Planning Case No. 2021–07 [CC] Consider Adoption of Resolution No. 22–3389 Modifying the General Plan Land Use Designation of 27.74 Acres at the Northwest Corner of Mission Boulevard and Ramona Avenue, from “General Commercial” (Entire Site) to “M1 Limited Manufacturing” (North Side of Third Street Extension) and “Industrial Park” (South Side of Third Street Extension) (Planning Case No. 2021–07), Contingent on the City Council Certifying the EIR for the Mission and Ramona Business Park Project [CC]
First Reading — Consider Ordinance No. 23–1003 Modifying the Zoning Designation of 27.74 Acres of Land at the Northwest Corner of Mission Boulevard and Ramona Avenue from “C3 – General Commercial,” “MIP – Manufacturing Industrial,” and “M1 – Limited Manufacturing,” to “M1 – Manufacturing Industrial” (North Side of Third Street Extension) and “MIP – Manufacturing Industrial” (South Side of Third Street Extension) (Planning Case No. 2021–07), Contingent on the City Council Certifying the EIR for the Mission and Ramona Business Park Project [CC]
Consider Setting a Public Hearing for Second Reading and to Consider Adoption of Ordinance No. 23–1003 on Tuesday, January 17, 2023, at 7:00 p.m. in the City Council Chambers [CC]
Consider Adoption of Resolution No. 22–3390 Approving Tentative Tract Map No. 20381 and a Precise Plan of Design for the Site Plan, Floor Plans, Elevations, Colors, Materials, Conceptual Sign Program, and Conceptual Landscape Plan for an Eight–Building Industrial Park Development on 27.74 Acres of Land at the Northwest Corner of Mission Boulevard and Ramona Avenue (Planning Case No. 2021–07) Contingent on the City Council Certifying the EIR for the Mission and Ramona Business Park Project [CC] 15
VIII. CONSENT CALENDAR
A. Approval of Minutes

1. Regular Joint Meeting — December 5, 2022 [CC/SA/MHC/MHA/MCF] 282 B. Administrative Reports

1. Consider Receiving and Filing of Treasurer’s Report [CC] 74

2. Consider Approval of Warrant Register & Payroll Documentation [CC] 75

3. Consider Receiving and Filing of Treasurer’s Report [SA] 76

4. Consider Approval of Warrant Register [SA] 77

5. Consider Receiving and Filing of Treasurer’s Report [MHC] 78

6. Consider Approval of Warrant Register [MHC] 79
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7. Consider Receiving and Filing of Treasurer’s Report [MHA] 80

8. Consider Approval of Warrant Register [MHA] 81

9. Consider Authorizing a $2,316.25 Appropriation from the Federal Asset Forfeiture Fund to Purchase a 360–Camera System from Lenco Armored Vehicles for the Lenco Bearcat G3 Tactical Armored Vehicle [CC] 82

10. Consider Authorizing Staff to Advertise for Bid Proposals for the Flashing Stop Sign Replacement Program [CC] 83
C. Agreements

1. Consider Amending the 2019–2024 Capital Improvement Program to Include the Monte Vista Avenue Street Widening, Street Rehabilitation, and Sewer Improvement Project from Holt Boulevard to Palo Verde Street [CC]
Consider Approval of Agreement No. 22–35 with HR Green Pacific, Inc. for Preparation of Plans and Specifications for the Construction of Street Widening, Street Rehabilitation, and Sewer Improvements on Monte Vista Avenue from Holt Boulevard to Palo Verde Street for the Project, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] Consider Approval of Agreement No. 22–51 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 for the Project, Subject to Any Revisions Deemed Necessary by the City Attorney [CC]
Consider Authorizing an $880,000 Appropriation from 2021 Lease Revenue Bond Proceeds and $20,000 from the Sewer Fund for Costs Related to Agreement No. 22–35 and Agreement No. 22–51 [CC] Consider Authorizing an $82,720.85 Design Services Contingency for the Project [CC] 85

2. Consider Approval of Agreement No. 22–110–I–110, an Irrevocable Annexation Agreement with Jason Duc Thinh Nguyen for the Property Located at 11226 College Avenue, Pomona, CA 91766 (APN 1012–391– 03–0000), Subject to Any Revisions Deemed Necessary by the City Attorney [CC] 164

3. Consider Approval of Agreement No. 22–114, a Memorandum of Understanding with the Montclair City Confidential Employees’ Association for the Period of July 1, 2022, to June 30, 2024 [CC] Consider Approval of Agreement No. 22–115, a Memorandum of Understanding with the Montclair Police Officers’ Association for the Period of July 1, 2021, to June 30, 2025 [CC]
Consider Approval of Agreement No. 22–116, the Labor Agreement for Management (Nonsafety and Safety) Employees Regarding the Terms and Conditions of Employment for the Period of July 1, 2022, to June 30, 2023 [CC]
Consider Approval of Agreement No. 22–117, the Labor Agreement for Executive Management Employees Regarding the Terms and Conditions of Employment for the Period of July 1, 2022, to June 30, 2023 [CC] Consider Approving the Transfer of the Appropriate Additional Compensation from the Personnel Adjustment Reserve Fund to the General Operating Fund [CC] 171
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4. Consider Approval of Agreement No. 22–118 Amending Agreement No. 21–68 with Securitas Security Services USA, Inc. for Security Guard Services at the Montclair Transcenter [CC] 177

5. Consider Approval of Agreement No. 22–119 with Theresa St. Peter for Professional Human Resources Consulting Services, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] 197

6. Consider Amending the 2019–2024 Capital Improvement Program to Add the Alleyway Improvements Project [CC]
Consider Authorizing a $117,050 Appropriation from 2021 Lease Revenue Bond Proceeds for Costs Related to the Alleyway Improvements Project [CC]
Consider Approving Agreement No. 22–120 with L.D. King, Inc. for Professional Design Services for the Alleyway Improvements Project, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] 211 D. Resolutions

1. Consider Adoption of Resolution No. 22–3391 Making Factual Findings in Compliance with AB 361 for the Continuation of Public Meeting Teleconferencing During Public Health Emergencies for the Period of December 19, 2022, through January 18, 2023 [CC] 232

2. Consider Adoption of Resolution No. 22–3393 Amending the Fee Schedule for the Collection and Disposal of Residential and Commercial Refuse [CC]
Consider Approval of Agreement No. 22–121 Amending Agreement No. 18–26 with Burrtec Waste Industries, Inc., for Solid Waste Management Services, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] 236
IX. PULLED CONSENT CALENDAR ITEMS
X. BUSINESS ITEMS
A. Consider Adoption of Resolution No. 22–3392 Making Certain Findings for an Exception to the 180–Day Wait Period Pursuant to Government Code Sections 7522.56 and 21224 with Authorization to Hire Leslie Phillips as a Retired Annuitant into the Temporary Part–Time Position of Benefits Coordinator [CC] 273 B. Consider Adoption of Resolution No. 22–3394 Making Certain Findings for an Exception to the 180–Day Wait Period Pursuant to Government Code Sections 7522.56 and 21224 with Authorization to Hire Elizabeth Lew as a Retired Annuitant into the Temporary Part–Time Position of Payroll Analyst [CC] x277 XI. COMMUNICATIONS
A. Department Reports – None

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B. City Attorney

1. Closed Session Pursuant to Government Code Section 54956.8 Regarding Real Property Negotiations [CC]
Property: APNs 1009–273–19–0000 and 1010–021–03–0000
Negotiating Parties: City of Montclair, Hernandez Family Trust, and H & G Newton Family Trust
City Negotiator: Edward C. Starr, City Manager
Under Negotiation: Recommendations Regarding Purchase Price C. City Manager/Executive Director – None
D. Mayor/Chairperson
E. Council Members/Directors
F. Committee Meeting Minutes (for informational purposes only)

1. Personnel Committee Meeting — December 5, 2022 [CC] 281 XII. CLOSED SESSION
XIII. CLOSED SESSION ANNOUNCEMENTS
XIV. ADJOURNMENT
The regular joint meeting of the City Council, Successor Agency Board, Montclair Housing Corporation Board, Montclair Housing Authority Commission, and Montclair Community Foundation Board scheduled for Tuesday, January 3, 2023 has been cancelled due to a lack of pressing business. The next regular joint meeting will be held on Tuesday, January 17, 2023, at 7:00 p.m. in the City Council Chambers.

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, December 15, 2022.

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CITY COUNCIL

AGENDA REPORT
DATE: DECEMBER 19, 2022
SECTION: PUBLIC HEARINGS
ITEM NO.: A
FILE I.D.: CDV100
DEPT.: COMMUNITY DEV.

PREPARER: M. WESTERLIN
SUBJECT: SECOND READING — CONSIDER ADOPTION OF ORDINANCE NO. 22–1002 AMENDING SPECIFIC CHAPTERS OF TITLE 10 OF THE MONTCLAIR MUNICIPAL CODE

RELATED TO THE ADOPTION OF BUILDING CODES TO REGULATE CONSTRUCTION IN THE CITY OF MONTCLAIR AND ESTABLISHING JANUARY 18, 2023 AS THE

EFFECTIVE DATE OF THE CODES
REASON FOR CONSIDERATION: California’s building code standards apply statewide, and local jurisdictions are authorized to adopt local ordinances for amendments to these codes for stricter requirements within their jurisdictions. These codes are updated by the state periodically, and the City needs to adopt an ordinance to apply existing and new amendments to the new version of the state’s codes.

The City Council adopts ordinances to make changes to the Montclair Municipal Code (MMC) and set local regulations. Adopting an ordinance requires two approved readings by the City Council, each held at separate public hearings. An ordinance may be adopted only after the second reading is held at a regular City Council meeting occurring at least five days after the introduction of the proposed ordinance. If substantial changes to the ordinance are approved, the amended ordinance must be re–introduced at a public hearing at least five days prior to conducting the second reading and adopting the ordinance.

The City Council is requested to conduct the second reading of and adopt Ordinance No. 22–1002 amending specific chapters of Title 10 of the Montclair Municipal Code related to adoption of Building Codes to regulate construction in the City of Montclair. A copy of the proposed ordinance is attached for City Council review and consideration.

BACKGROUND: The California Health and Safety Code establishes a Building Standards Commission with duties to review, approve, codify, and publish building standards every three years in its triennial edition of the California Building Standards Code. These Codes, commonly known as the California Code of Regulations, Title 24, incorporate the latest editions of the model codes that apply to all jurisdiction in the State. The full text of Title 24 can be viewed for free at https://www.dgs.ca.gov/BSC/Codes. The Commission also establishes a date for the updated codes to become effective throughout the State. The effective date established for this triennial edition is January 1, 2023. The adoption of these Codes regulate the fabrication, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area or other improvements to real property; maintenance of all buildings or structures in the City of Montclair; and provide for the issuance of permits and collection of fees.

MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 6 of 286 Examples of significant changes to the Codes are:
 The expiration of a building permit will increase from 180 days to 12 months.  A new section was added that addresses specific aging–in–place design elements in new residential construction to facilitate access to operational features and to allow people to stay longer in their homes as they age.  New defined term INFLATABLE AMUSEMENT DEVICE to specify characteristics of inflatable structures for recreational purposes that need to be properly constructed and anchored.
 Vehicle impact protection will be required to be installed in a residential garage to protect energy storage systems (batteries) from vehicular impact damage.  In new construction for single family and multi–family residential homes, heat pump space heaters, gas cook tops and gas clothes dryer hook ups are required to be electric ready. Each of these appliances will be required to have electrical wiring in place to serve the appliance and a breaker installed at the electric panel for a future time when then the appliance is replaced with an electric appliance.  Multifamily development projects with less than 20 dwelling units and hotels and motels with less than 20 sleeping units or guest rooms have new regulations requiring that ten percent (10%) of the total number of parking spaces support future Level 2 Electric Vehicle service (EVSE); the installation of electric vehicle ready spaces for twenty–five percent (25%) of the total number of parking spaces equipped with low power Level 2 EV charging receptacles; and clarification that if more than one parking space is required per unit, only one charger is required.
 Arc fault circuit interrupters are required in most all rooms within residential construction, providing additional protection against electrical shock hazards for homeowners. Usually utilized as AFCI circuit breakers, they prevent receptacles from arcing.

FISCAL IMPACT: The City Council’s adoption of Ordinance No. 22–1002 would have no fiscal impact.

RECOMMENDATION: Staff recommends the City Council adopt Ordinance N. 22–1002 amending specific chapters of Title 10 of the Montclair Municipal Code related to the adoption of Building Codes to regulate construction in the City of Montclair and establishing January 18, 2023 as the effective date of the Codes.

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READING
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Ordinance No. 22–1002 Page 1 of 7
ORDINANCE NO. 22–1002

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MONTCLAIR AMENDING SPECIFIC CHAPTERS OF TITLE 10 OF THE MONTCLAIR MUNICIPAL CODE AND ADOPTING BY REFERENCE THE 2022 EDITION OF THE CALIFORNIA BUILDING CODE, VOLUMES 1 AND 2, INCLUDING APPENDIX CHAPTERS C AND F; THE 2022 EDITION OF THE CALIFORNIA RESIDENTIAL CODE INCLUDING APPENDIX AX; THE 2022 EDITION OF THE CALIFORNIA PLUMBING CODE; THE 2022 EDITION OF THE CALIFORNIA ELECTRICAL CODE; THE 2022 EDITION OF THE CALIFORNIA MECHANICAL CODE; THE 2022 EDITION OF THE CALIFORNIA GREEN BUILDING STANDARDS CODE; THE 2022 EDITION OF THE CALIFORNIA FIRE CODE, INCLUDING APPENDIX CHAPTERS A, B, BB, C, CC, H, F, AND K; AND THE 2021 EDITION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE;

TOGETHER WITH CERTAIN AMENDMENTS, ADDITIONS, DELETIONS, AND

EXCEPTIONS INCLUDING FEES AND PENALTIES
WHEREAS, the California Health and Safety Code establishes a Building Standards Commission whose duties include approval, codification, and publication of building standards in a triennial edition of the California Building Standards Code, commonly called Title 24; and
WHEREAS, the Building Standards Commission also establishes a date that these codes become effective throughout the state; and
WHEREAS, adoption of these codes would regulate the fabrication, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area, or other improvements to real property; maintenance of all buildings or structures in the City of Montclair; and provision for issuance of permits and collection of fees, therefore; and
WHEREAS, Building Standards Code does not include the adoption of procedural ordinances by a city or other agency related to civil, administrative, or criminal procedures and remedies available for enforcing code violations.

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

SECTION I. Section 10.08.010 of the Montclair Municipal Code is hereby amended as follows:

10.08.010. Adoption.

Except as provided in this Chapter, those certain building codes known and designated as the California Building Code, 2019 2022 Edition, Volumes 1 and 2, including Appendix Chapters "I," and "J," based on the 2018 2021 International Building Code as published by the International Code Council, shall be and become the Building Codes of the City of Montclair for regulating the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building and/or structure or any appurtenances connected or attached to such buildings or structures throughout the City. The California Building Code and its appendix chapters will be on file for public examination in the office of the Building Official.

SECTION II. Section 10.20.010 of the Montclair Municipal Code is hereby amended as follows:

10.20.010. Adoption.

Except as provided in this Chapter, the California Electrical Code, 2019 2022 Edition, based on the 2018 2021 National Electrical Code as published by the National Fire Protection Association, shall be and become the Electrical Code of the City of Montclair, regulating all installation, arrangement, alteration, repair, use, and other operation of electrical wiring, connections, fixtures, and other electrical appliances on premises within the City. The California Electrical Code is on file for public examination in the office of the Building Official.

The 2019 2022 Edition of the California Electrical Code is hereby adopted with no amendments.

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READING
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Ordinance No. 22–1002 Page 2 of 7
SECTION III. Section 10.28.010 of the Montclair Municipal Code is hereby amended as follows:

10.28.010. Adoption.

There is adopted by the City Council a code known as the California Fire Code, 2019 2022 Edition, based on the 2018 2021 International Fire Code as published by the "International Code Council," and referenced as the California Code of Regulations, Title 24, Part 9, including Appendices A, B,BB, C,CC, F, H, and K. The California Fire Code and its appendix chapters shall regulate the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conservation, occupancy, equipment, use, height, area and maintenance of all buildings and/or structures in the City for all fire related issues. The California Fire Code will be on file for public examination in the Office of the Building Official.

SECTION IV. Section 10.28.020 is deleted in its entirety and replaced with the following:

10.28.020. Scope and Administration.

A. Section 112.4 Violation penalties is hereby revised as follows: Infraction, Misdemeanor, as follows:
112.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of either a misdemeanor, infraction or both as prescribed in Section 112.4.2 and 112.4.3. Penalties shall be as prescribed in local ordinance.

Each day that a violation continues after due notice has been served shall be deemed a separate offense.

B. Sections 112.4.2 Infraction is hereby added as follows:
112.4.2 Infraction. Except as provided in Section 112.4.3, persons operating or maintaining any occupancy, premises or vehicle subject to this code that shall permit any fire or life safety hazard to exist on premises under their control shall be guilty of an infraction.

C. Sections 112.4.3 Misdemeanor is hereby added as follows:
112.4.3 Misdemeanor. Persons who fail to take immediate action to abate a fire or life safety hazard when ordered or notified to do so by the chief or a duly authorized representative, or who violate the following sections of this code, shall be guilty of a misdemeanor:
(1) 104.12.2 Obstructing operations
(2) 104.12.3 Systems and Devices
(3) 109.6 Overcrowding
(4) 112.3.2 Compliance with Orders and Notices
(5) 113.4 Failure to comply
(6) 305.4 Deliberate or negligent burning
(7) 308.1.2 Throwing or placing sources of ignition
(8) 310.7 Burning Objects
(9) 3107.4 Open or exposed flames
SECTION V. Sections 10.28.022, 10.28.024, 10.28.025, 10.28.042, 10.28.044, and 10.28.048, and 10.28.052 of the Montclair Municipal Code shall be added as follows:

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READING
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Ordinance No. 22–1002 Page 3 of 7

10.28.022 Definitions.

Flow–line. The lowest continuous elevation on a curb defined by the path traced by a particle in a moving body of water at the bottom of the rolled curb.

New construction. For the purposes of enforcing the provisions of the California Fire Code, California Building Code, and the California Residential Building Code, any work, addition to, remodel, repair, renovation, or alteration of any building(s) or structure(s) may be defined as “New Construction” when:
 50 percent or more of the exterior weight bearing walls are removed or demolished
 50 percent of the wall plate height is raised
 When a story is added that increases the existing floor area by more than 35 percent
 Additions within 3 years that exceed 50% of existing original floor area The Building Official shall make the final determination regarding the application of this section

10.28.024 Emergency Planning and Preparedness.

Only the following sections of Chapter 4 of the California Fire Code are adopted:
 401–401.9
 402
 403.1
 403.2
 403.4–403.4.4
 403.10.2.1.1
 403.12 – 403.12.3
 404.5– 404.6.6
 407

10.28.025 Fire Service Features.

The following section Fire Service Features, Chapter 5 of the California Fire Code is adopted in its entirety with the following amendments:

A. Section 501.1 Scope is revised as follows:
501.1 Scope. Fire service features for buildings, structures and premises shall comply with this chapter and the City of Montclair Guideline for Fire Department Access & Water Requirements for Commercial & Residential Development, and the City of Montclair Guideline for Underground Piping for Private Hydrants & Sprinkler Supply Line.

B. Section 503.2.1 Dimensions is revised as follows:

D. Fire Service Features is adopted in its entirety with the following amendment:

Section 501.3 Construction documents is revised as follows:
501.3 Construction documents. Construction documents for proposed fire apparatus access, location of fire lanes, security gates across fire apparatus roads and construction documents and hydraulic calculations for fire hydrant systems shall be submitted to the fire department for review and approval prior to construction. The design shall be in accordance with this code, national standards, and the City of Montclair Guideline for Fire Department Access & Water Requires for Commercial & Residential Development, and the City of Montclair Guideline for Underground Piping for Private Hydrants & Sprinkler Supply Line.

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Ordinance No. 22–1002 Page 4 of 7
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096 mm), exclusive of shoulders, except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 13 feet 6 inches (4115 mm). The width is measured flow– line to flow–line.

C. Section 504.5 Escape Windows is added as follows:
504.5 Escape window access. Where escape windows are required by Section 1031.2, fire department access shall be provided to the escape window. An unobstructed setback area shall be provided. The minimum setback distance shall be calculated ((H/5)+2)+P= Clear space required.

Where:

H = Height of the windowsill measured from the exterior ground surface P = 3’ ladder pad
D. Section 504.5 .1 Ladder Pad is added as follows:
504.5.1 Ladder Pad. Where a laddering pad is required, it shall be free of obstructions and vegetation for a minimum of 3–foot x 3–foot area. The laddering pad shall be a firm surface such as compacted decomposed granite, concrete, pavers, or asphalt. The laddering pad shall be placed at a distance from the structure as calculated by Section 504.5.

10.28.042 Construction Requirements for Existing Buildings.

Construction Requirements for Existing Buildings from Chapter 11 of California Fire Code shall adopt only the sections listed below:
 11.3.3.3
 1103.7
 1103.7.3
 1103.7.3.1
 1103.7.8 – 1103.7.8.2
 1103.7.9 – 1103.7.9.10
 1103.8 – 1103.8.5.3
 1103.9.1
 1107
 1113
 1114
 1115
 1116

10.28.044 Energy Systems.

Energy Systems from Chapter 12 of the California Fire Code is adopted in its entirety with the following amendments:

Section 1205.2 Access and Pathways.

Exception 3. Building–Integrated Photovoltaic (BIPV) systems where the BIPV systems are approved, integrated into the finished roof surface and are listed in accordance with a national test standard developed to address Section 690.12(B)(2) of the California Electrical Code. The removal or cutting away of portions of the BIPV system during firefighting operations shall not expose a firefighter to electrical shock hazard and smoke ventilation opportunity areas have been identified.

10.28.048 Marinas.

Marinas from Chapter 36 of the California Fire Code is deleted in its entirety.

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READING
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Ordinance No. 22–1002 Page 5 of 7

10.28.052 Hazardous Materials.

Hazardous Materials – General Provisions from the California Fire Code is adopted in its entirety with the following amendments.

Section 5001.5.2 Hazardous Materials Inventory Statement (HMIS), is hereby amended by modifying the starting paragraph as follows:
5001.5.2 Hazardous Materials Inventory Statement (HMIS). Where required by the fire code official, an application for a permit shall include City of Montclair Chemical Disclosure Statement, which shall be completed and approved prior to approval of plans, and/or the storage, use or handling of chemicals on the premises.

The Chemical Disclosure Statement shall include the following information and formatted as specified in the City of Montclair Chemical Disclosure Statement:

1. Product Name

2. Component

3. Chemical Abstract Service (CAS) number

4. Location where stored or used.

5. Container size

6. Hazard classification

7. Amount in storage

8. Amount in use–closed systems

9. Amount in use–open systems
SECTION VI. Sections 10.30.010 and 10.30.020 of the Montclair Municipal Code are hereby amended as follows:

10.30.010. Adoption.

Except as provided in this Chapter, the California Green Standards Code, 2019 2022 Edition, as published by the California Building Standards Commission, shall be and become the Green Building Standards Code of the City of Montclair, regulating and controlling the planning, design, operation, use and occupancy of every newly constructed building or structure in the City. The California Green Building Standards Code shall be on file for public examination in the office of the Building Official.

10.30.020. Green Building Standards Code amendments.

The 2019 2022 Edition of the California Green Building Standards Code is hereby adopted with no amendments.

SECTION VII. Section 10.32.10 of the Montclair Municipal Code is hereby amended as follows:

10.32.10. Adoption.

Except as provided in this chapter of the International Property Maintenance Code, 2018 2022 Edition as published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, IL 60478.is referenced to and, by such reference, incorporated in this chapter and adopted as the Property Maintenance Code of the City of Montclair, except as certain portions are hereinafter specifically amended. One copy of the Property Maintenance Code certified by the City Clerk of the City of Montclair shall be filled and kept in the Building Division for use and examination by the public.

The 2018 2021 Edition of the International Property Maintenance Code is hereby adopted with no amendments.

SECTION VIII. Sections 10.36.010 and 10.36.020 of the Montclair Municipal Code are hereby amended as follows:

10.36.010. Adoption.

Except as provided in this Chapter, the California Mechanical Code, 2019 2022 Edition, based on the 2018 2022 Uniform Mechanical Code as published by the MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 12 of 286 SECOND

READING
12/19/2022
Ordinance No. 22–1002 Page 6 of 7
International Association of Plumbing and Mechanical Officials (IAPMO), shall be and become the Mechanical Code of the City of Montclair, regulating and controlling the design, construction, installation, quality of materials, location, operation, and maintenance of heating, ventilating, cooling, refrigeration systems, incinerators, and other miscellaneous heat–producing appliances. The California Mechanical Code is on file for public examination in the office of the Building Official.

10.36.020. Mechanical Code amendments.

The 2019 2022 Edition of the California Mechanical Code is hereby adopted with no amendments.

SECTION IX. Sections 10.40.010 and 10.40.020 of the Montclair Municipal Code are hereby amended as follows:

10.40.010. Adoption.

Except as provided in this Chapter, the California Plumbing Code, 2019 2022 Edition, based on the 2018 2021 Uniform International Plumbing Code as published by the International Association of Plumbing and Mechanical Officials (IAMPO) shall be and become the Plumbing Code of the City of Montclair, regulating erection, installation, alteration, repair, relocation, replacement, maintenance, or use of plumbing systems within the City. The California Plumbing Code is on file for public examination in the office of the Building Official.

10.40.020. Plumbing Code amendments.

The 2019 2022 Edition of the California Plumbing Code is hereby adopted with no amendments.

SECTION X. Section 10.42.010 of the Montclair Municipal Code is hereby amended as follows:

10.42.010. Adoption.

Except as provided in this Chapter, the California Residential Code, 2019 2022 Edition, based on the 2018 2021 International Residential Code, including Appendix Chapters "I,", “H” and "AX," based on the 2018 2021 International Residential Code, as published by the California Building Standards Commission, shall be and become the Residential Building Code of the City of Montclair, regulating construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every detached one– and two–family dwelling and townhouse not more than three stories above grade in height with a separate means of egress and structures accessory thereto in the City.

The California Residential Code is on file for public examination in the office of the Building Official.

SECTION XI. Severability.

If any section, subsection, subdivision, sentence, clause, phrase or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION XII. Effective Date.

This Ordinance shall be in full force and effect thirty (30) days after passage.

MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 13 of 286 SECOND

READING
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Ordinance No. 22–1002 Page 7 of 7
SECTION XIII. Posting.

The City Clerk shall certify to the passage of this Ordinance and cause the same to be posted pursuant to Government Code Section 36933.

APPROVED AND ADOPTED this XX day of XX, 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. 22–1002 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 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
MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 14 of 286

CITY COUNCIL

AGENDA REPORT
DATE: DECEMBER 19, 2022
SECTION: PUBLIC HEARINGS
ITEM NO.: B
FILE I.D.: LDU600/LDU750
DEPT.: COMMUNITY DEV.

PREPARER: M. DIAZ
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 22–3388 ADOPTING ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT;

CERTIFYING THE MISSION BOULEVARD AND RAMONA AVENUE BUSINESS PARK PROJECT FINAL ENVIRONMENTAL IMPACT REPORT (EIR) (SCH#2021010005); ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS; ADOPTING A MITIGATION MONITORING PROGRAM; AND APPROVING THE PROJECT UNDER PLANNING CASE NO. 2021–07
CONSIDER ADOPTION OF RESOLUTION NO. 22–3389 MODIFYING THE GENERAL PLAN LAND USE DESIGNATION OF 27.74 ACRES AT THE NORTHWEST CORNER OF MISSION BOULEVARD AND RAMONA AVENUE, FROM “GENERAL COMMERCIAL” (ENTIRE SITE) TO “M1 LIMITED MANUFACTURING” (NORTH SIDE OF THIRD STREET EXTENSION) AND “INDUSTRIAL PARK” (SOUTH SIDE OF THIRD STREET EXTENSION) (PLANNING CASE NO. 2021–07), CONTINGENT ON THE CITY COUNCIL CERTIFYING

THE EIR FOR THE MISSION AND RAMONA BUSINESS PARK PROJECT FIRST READING — CONSIDER ORDINANCE NO. 23–1003 MODIFYING THE ZONING DESIGNATION OF 27.74 ACRES OF LAND AT THE NORTHWEST CORNER OF MISSION BOULEVARD AND RAMONA AVENUE FROM “C3 – GENERAL COMMERCIAL,” “MIP – MANUFACTURING INDUSTRIAL,” AND “M1 – LIMITED MANUFACTURING,” TO “M1 – MANUFACTURING INDUSTRIAL” (NORTH SIDE OF THIRD STREET EXTENSION) AND “MIP – MANUFACTURING INDUSTRIAL” (SOUTH SIDE OF THIRD STREET EXTENSION) (PLANNING CASE NO. 2021–07), CONTINGENT ON THE CITY COUNCIL CERTIFYING

THE EIR FOR THE MISSION AND RAMONA BUSINESS PARK PROJECT

CONSIDER SETTING A PUBLIC HEARING FOR SECOND READING AND TO CONSIDER ADOPTION OF ORDINANCE NO. 23–1003 ON TUESDAY, JANUARY 17, 2023, AT 7:00 P.M. IN THE CITY COUNCIL CHAMBERS
CONSIDER ADOPTION OF RESOLUTION NO. 22–3390 APPROVING TENTATIVE TRACT MAP NO. 20381 AND A PRECISE PLAN OF DESIGN FOR THE SITE PLAN, FLOOR PLANS,

ELEVATIONS, COLORS, MATERIALS, CONCEPTUAL SIGN PROGRAM, AND CONCEPTUAL LANDSCAPE PLAN FOR AN EIGHT–BUILDING INDUSTRIAL PARK DEVELOPMENT ON 27.74 ACRES OF LAND AT THE NORTHWEST CORNER OF MISSION BOULEVARD AND RAMONA AVENUE (PLANNING CASE NO. 2021–07) CONTINGENT

ON THE CITY COUNCIL CERTIFYING THE EIR FOR THE MISSION AND RAMONA

BUSINESS PARK PROJECT
REASON FOR CONSIDERATION: The City Council is requested to consider the adoption of Resolution Nos. 22–3388, 22–3389, 22–3390, and conduct the first reading of Ordinance No. 23–1003 related to the development of 27.74 acres at the northwest corner of Mission Boulevard and Ramona Avenue as an eight–building industrial park.

The project includes a request for a General Plan Amendment, a Zone Change, and a Tentative Tract Map each of which requires City Council approval.

MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 15 of 286 The Planning Commission conducted a public hearing on the project on November 28, 2022, where the Commission, by a vote of 5–0, approved Planning Commission Resolution Nos. 22–1971, No. 22–1972, No. 22–1973, and No. 22–1974 recommending the City Council certify the Environmental Impact Report (EIR) and approve the General Plan Amendment, a Zone Change, a Tentative Tract Map, and Precise Plan of Design for the “Mission and Ramona Business Park” project.

BACKGROUND: Mission Blvd Industrial Owner, LP is proposing to develop an eight– building industrial business park, named the “Mission and Ramona Business Park,” on a

27.74–acre site at the northwest corner of Mission Boulevard and Ramona Avenue (Attachment A). The site is currently home to the Mission Tiki Drive–In Theater and a weekly swap meet. The proposed project would provide approximately 513,295 square feet of new flexible space for light manufacturing and distribution uses, as well as associated site improvements (e.g., buildings with loading docks, trailer stalls, on–site parking spaces, and landscape improvements). The project also includes the extension of Third Street, an east–west public street, dividing the site into two halves. To accommodate the project, all existing on–site structures and improvements will be removed.

General Plan Amendment and Zone Change
The project requires approval to change the current land use designations of the nine parcels making up the site to achieve consistency with the General Plan and Zoning designations for these parcels. The proposed land use designation changes are described below:

Mission and Ramona Business Park
Proposed Land Use Amendments
Document Existing
Land Use Designations
Proposed
Land Use Designations
General Plan Map General Commercial
(Entire Site)
M1 Limited Manufacturing
(North side of Third Street)
“Industrial Park”
(South side of Third Street)
Zoning Map
C3 General Commercial
MIP Manufacturing Industrial
M1 Limited Manufacturing
M1 Limited Manufacturing
(North Side of Third Street)
MIP Manufacturing Industrial
(South Side of Third Street)
The project site currently consists of nine existing parcels identified by Assessor’s Parcel Numbers (APN):

APN 1012–151–20 • 1012–151–27 • 1012–151–28 • 1012–151–29 • 1012–161–01 • 1012 161–02 • 1012–161–03 • 1012–161–04 • 1012–161–05
MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 16 of 286 Tentative Tract Map No. 20381
The project site currently consists of nine adjoining parcels ranging in size from 0.29 acres to 8.93 acres for 27.74 acres in total area. Tentative Tract Map No. 20381 would consolidate the nine existing parcels and reorganize the project site into eight new parcels divided into two major areas (north and south) created by the eastward extension of Third Street to Ramona Avenue. The proposed Third Street extension will be a two– lane, undivided, 60–foot wide roadway in alignment with and connecting to the existing Ramona Avenue/Dale Street signalized intersection. In addition, the developer has agreed to share the cost for street improvements on Third Street to the west of the project site terminating at Silicon Avenue. Improvements generally include repaving and installation of curb, gutter, and sidewalk where needed. Further, based on the results of the Project’s Traffic Impact Analysis (Appendix G of the Draft EIR) if the project were approved, the City has conditioned the Project to implement an improvement measure to improve the intersection of Silicon Avenue and Mission Boulevard to restrict northbound and southbound left–turning movements.

The south side of the site would be approximately 12.22 acres in size and divided into six separate parcels, Nos. 1 through 6. The area on the north side of the street is approximately 13.98 acres and would be further divided into two parcels, Nos. 7 and 8.

Mission and Ramona Business Park
Tentative Tract Map No. 20381
New Parcel No. Lot Size Total Building Size (Footprint SF) 1 1 S
O
U
T
H

2.23 acres 38,764 SF (36,264 SF Footprint)
2 1.86 acres 30,200 SF (27,700 SF Footprint )
3 1.96 acres 36,886 SF (34,386 SF Footprint)
4 1.96 acres 37,411 SF (34,911 SF Footprint)
5 1.89 acres 31,403 SF (28,903 SF Footprint)
6 2.32 acres 41,831 SF (39,331 SF, Footprint)
Third Street
Extension 1.54 acres ––– N/A –––
7 N
O
R
T
H

8.46 acres 186,800 SF (181,800 SF Footprint)
8 5.51 acres 110,000 SF (105,000 SF Footprint)
TOTAL 27.74 acres 513,295 SF (488,295 SF Footprint)
1 Mezzanine Area, 2,500 SF for Buildings 1–6; 5,000 SF for Buildings 7–8. The mezzanine area is not included in Building Footprint but is included in the total Building Size.

Access to the project site is provided by four driveways on State Street, six driveways on Third Street, one on Ramona Avenue, and two on Mission Boulevard. All project frontages would include five–foot–wide sidewalks to facilitate pedestrian connectivity. A bicycle path is contemplated for the portions of Mission Boulevard and Ramona Avenue adjacent to the site, but would not be constructed until the City is ready to construct them as part of a comprehensive complete streets implementation effort.

MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 17 of 286 Precise Plan of Design (PPD)
As indicated above, the project site will be divided into two halves by the eastward extension of Third Street. The applicant chose to utilize a separate architect for each half of the project site. The north half of the site, where the two largest buildings of the project are located, features a site plan and building layout that is typical in approach.

A central interior truck bay area between Buildings 7 and 8 is proposed to screen the view of trucks and secure this area from the street. The interior truck court area would be screened and secured by concrete screen walls and sliding decorative metal gates.

The majority of the concrete screen walls and gates for Buildings 7 and 8 would be eight feet in height. A portion of the northern side of the Project site (i.e., facing State Street and the rail corridor) would be approximately 15 feet high as viewed from State Street and secured by an eight–foot–tall wrought iron sliding gate with a perforated metal screen. Concrete screen walls will also be installed along the western boundary of the Project site, near parking areas. Each wall would have a vandal–free treatment and would be painted with colors complementary to each building.

On the south half of the site where Buildings 1 through 6 will be located, the site plan and buildings are arranged with the intent of providing a more campus–like setting featuring smaller–sized buildings that could be occupied by small–scale industrial/ manufacturing uses, or easily converted to more office–based uses. Concrete screen walls and interior gates around Buildings 1 through 6 would be approximately eight feet tall and the gates would feature a tubular metal design.

All buildings will be concrete tilt–up structures featuring varying finishing textures, intrusions, and extrusions consistent with the intended architectural themes. Similarly, each building would feature variable rooflines extending from 35 to 45 feet in height, adjusted for grade elevations. Building corners would feature aluminum and glazing (glass) elements to create pedestrian–scale, intuitive building entrances. The buildings would be painted with complementary neutral colors. Buildings 1 through 6 would feature neutral earth tones while Buildings 7 and 8 would feature neutral grey tones.

Outdoor activities would include normal traffic movement, passenger and truck parking, the loading and unloading of trailers within designated truck courts/loading areas, and the internal and external movement of materials around the Project site via forklifts, pallet jacks, yard hostlers, and similar equipment. The outdoor cargo handling equipment used during the loading and unloading of trailers (e.g., yard trucks, hostlers, yard goats, pallet jacks, and forklifts) is expected to be non–diesel powered per contemporary industry standards. Within the gated truck court area of Buildings 7 and 8, up to 23 trailers would be parked in designated trailer storage stalls. Each building will have a trash enclosure.

Parking
Parking for the project includes spaces for automobiles and trucks, including parking for clean air/vanpools, and electric vehicles. Additionally, the project includes 32 bicycle parking spaces. Parking for the project is summarized as follows:

MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 18 of 286 Mission and Ramona Business Park
Parking Summary
Trucks
Parking Type Parcels 1–6 Parcels 7 and 8 Total
Truck Trailers 28 (4–6 per Building) 36 (18 per Building) 64 spaces Autos
Parking Type Parcels 1–6 Parcels 7 and 8 Sub–Total
Standard Vehicle 253 304 557
Electric Vehicle 18 23 41
Clean/Van Pool 72 30 102
Total 700 spaces
Specific details regarding the Project’s loading doors, trailer stalls, and parking spaces are provided in Table 3–5. Table 3–5. Parking Summary in the EIR.

Dock doors and grade doors would be located within the gated truck courts for each building and would be oriented toward the interior of the sites.

Landscaping and Lighting Improvements
Landscaping is provided for all street front setback areas and around vehicle parking areas located within the site. Landscaping along the site’s frontages would include a mixture of trees, shrubs, and ground cover. Proposed trees include 24–inch box Desert Willow, 24–inch box Chitalpa, 24–inch box Tulip Trees, 24–inch Coast Live Oaks, and 15–gallon Brisbane Box Trees. The landscaping materials along the Project frontages incorporate a layering concept to provide different–height trees and border or accent shrubs and low ground covers. Plant material is selected for low water and low maintenance, per State and local Water Conservation requirements, including the preparation of a water budget for the project. Irrigation would be provided via drip and/or a subsurface system. No turf areas are proposed as part of the conceptual landscape plan.

Project lighting would feature a mix of pole–mounted and wall–mounted lighting fixtures, to provide outdoor illumination across the site including parking areas, walkways, and entries. The location of lights is directed downward and away from adjacent properties. If needed, exterior light fixtures affecting adjacent residential uses (i.e., residences to the west) will be required to include light–controlling devices, such as light guards or shields.

Copies of the EIR, proposed subdivision map, site plan, floor plans, elevations, renderings, and conceptual landscape plan are included in the Commission packets and are available on the City’s website at https://www.cityofmontclair.org/current–projects– in–montclair/
Development History of the Site
 The Mission Tiki Drive–In (10798 Ramona Avenue) theater was established in 1956 as the Mission Drive–In and currently consists of a projection building/snack bar, office, warehouse, four screens, ticket booths, entrance, circulation paths, a paved viewing area, and landscaping. The original Cinemascope screen in the southeast corner of the property was demolished and replaced by the four existing screens in 1975.

MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 19 of 286  The Mission Drive–In underwent substantial renovations in 2006 which involved rebranding the property as the Mission Tiki Drive–In Theater. This involved the addition of “Tiki”/Polynesian style decorative elements, such as a small shade park and picnic area on the north side of Screen 1 with concrete Moa head statues and a bamboo pole screened area, three ticket booths on the north side of the property, the grass–roofed entrance sign, and the renovation of the 1975 marquee at the corner of Mission Boulevard and Ramona Avenue. Additional themed elements include screen signage and exit signs. Though “Tiki” and Polynesian–applied themes are consistent with historical pop cultural themes from the 1950s and 1960s, the anachronistic decorative elements at the Mission Tiki Drive–in Theater were all constructed in 2006.
 At the northeastern corner of the site is a metal building that was previously the location for the Montclair Tire Company which moved in 2011.  The drive–in theater operates six days a week usually showing two films per screen each night with the latest start time around 10:00 p.m. During the week, the property hosts a swap meet on Wednesdays and Fridays through Sundays, between the hours of 6:00 a.m. to 2:00 p.m.
 The Project Applicant acquired the Drive–In property in 2019 from the DeAnza Land and Leisure Company (previously named Sero Amusement Company) with plans to redevelop the site with the proposed Project. The Project Applicant voluntarily allowed the previous owner (and operator of the Drive–In) to continue to operate the Drive–In rent–free in the short term until development plans had advanced further.

Planning Division Comments
As one of the largest assemblages of property in the City, the Mission Tiki Drive–In site has been the subject of many inquiries and informal discussions about various redevelopment alternatives that included commercial, industrial, and residential uses.

Not until the property was listed for sale in 2018 did the potential for change emerge as a real possibility. The property eventually sold in 2019 and since then the new owner has worked on a plan to develop the site with a high–quality business park campus with light manufacturing and distribution facilities that are designed to meet contemporary industry standards, accommodate a wide variety of users, and which are economically competitive with similar industrial buildings in the local area and region.

To develop the project site for any type of new and cohesive land use concept the current inconsistency between the land use designations assigned by the General Plan Land Use Map and the Official Zoning Map need to be resolved.

General Plan Amendment
As described above, the entire project site is currently designated “General Commercial” (GC) by the General Plan (1999). The GC land use designation would allow for a wide range of commercial activities including retail and wholesale establishments. When the current General Plan was adopted, the anticipated vision for the site and other properties on the north side of Mission Boulevard with the GC land use designation was for commercial uses following the land use trends of the time which projected continuous commercial expansion. Under ideal conditions, a project site of this size would be large MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 20 of 286 enough to accommodate a large “Community Shopping Center” with four to five anchor tenants and 20–40 minor tenants. Generally, ideal conditions include a good location with high visibility, easy and unobstructed access, favorable economic and market conditions, and a trade area large enough to support the uses. However, since the GC land use designation has been in place (23 years), no new commercial development (particularly retail) has occurred on Mission Boulevard. Nearly all new construction activity on the north side of Mission Boulevard has been smaller–scale industrial development on underutilized or vacant land parcels.

When the property was put on the market, several developers contacted the City to discuss future development potential for the site. At that time, City staff asked each potential buyer/developer about the possibility of developing the site with revenue– generating uses such as a major home improvement center, a wholesale to public business, or a large community multi–tenant shopping center with major anchors.

Distance from local freeways and lack of visibility along with recent changes in the retail industry caused in part by the impact of e–commerce impacted potential commercial development. Thus, despite the size of the site, it was not seen by developers as an ideal location to attract and sustain the abovementioned uses.

More specifically, the potential for commercial development on the site is further impacted in the following ways. First is the depth of the site at approximately 1,272 feet (or nearly a ¼ mile distance) as measured from Mission Boulevard to State Street. If developed as a commercial retail center, the north half of the site would be less desirable to anchor tenants who prefer to be near high–visibility corner locations or along prominent street frontages. In this case, Mission Boulevard is the prime street frontage since only half of the Ramona Avenue frontage has direct access and visibility due to the southward extension of the existing Ramona Avenue Bridge roadway down to the three– way intersection at Dale Street. State Street on the north end of the site does offer access, but the street functions as a local secondary roadway with moderate local traffic volume which does not intersect with Ramona Avenue or directly connect to Mission Boulevard.

Second, the north half of the site sits below grade (approximately 15–20 feet at its highest point) from the Ramona Avenue bridge roadway which eventually tapers down to meet the grade at the signalized three–way intersection at Dale Street. Even with the proposed extension of Third Street to Ramona Avenue with this project, the north half of the site would not significantly improve the chances of attracting the development of a prime commercial center the City would prefer to see. In 2017, the City considered and approved an amendment to the General Plan Land Use Map for the nine–acre parcel located at the southwest corner of Central Avenue and Holt Boulevard (now the Cardenas Market Center) with similar conditions that hindered the development of that site under its previous General Plan and Holt Boulevard Specific Plan land use designations.

Third, the requested amendments to the General Plan Land Use Map from “General Commercial” (GC) to “M1 Limited Manufacturing” (north side of the Third Street extension) and “Industrial Park” (south side of Third Street) would bring the site into consistency with predominate zoning designations of the surrounding area between State Street and the north side of Mission Boulevard. The Project site is also located within the Mission Boulevard corridor (generally between Holt Boulevard to the north and Mission Boulevard to the south), which has long been an area with industrial uses. This is, in part, due to the existence of the Union Pacific Railroad line, which serves as a regional freight corridor. Historically, industrial businesses took advantage of this rail MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 21 of 286 line to transport goods directly from storage, processing, and manufacturing facilities within the Mission Boulevard corridor. Moreover, the proposed amendments, and related zone changes, would resolve the current inconsistency between both land use documents, and allow for the development of the site with a project in line with existing and new types of improvements in the same area. Accordingly, the Project would result in the development of industrial uses in keeping with the surrounding industrial corridor within the City.

Lastly, the City’s General Plan recognizes that a wide range of land uses are necessary to promote a prosperous community and sound economic base. Specifically, General Plan Policy LU–1–1.32 states that it is a policy of the City to “encourage the use of the industrial park or business park concept for the development of industrial land.” Given that the Project would be located within the Mission Boulevard corridor, which has long been an established industrial corridor, the Project is thus consistent with the City’s land use and planning strategy. Given the above discussion, staff supports the applicant's requests to amend the General Plan Land Use Map to accommodate the development of the site as proposed.

Zone Change
The proposed zone change to the Official Zoning Map would align with the General Plan Land Use Map designations and ensure consistency between both documents governing development within the City. The zone change will provide the implementation authority upon which the site can be developed. Further, each new zoning designation provides its own set of allowable or conditionally permitted uses and associated zone–specific development standards (e.g., height limits, setback requirements, parking ratios, etc.).

The Limited Manufacturing (M1) zone is intended for limited manufacturing and limited industrial uses. The Manufacturing Industrial Park Zone (MIP) is intended to provide an appropriate physical environment for the establishment of industrial and light manufacturing uses. Although future occupants of the Mission and Ramona Business Park are unknown at this time, the applicant anticipates that Buildings 1 through 6 could support many light manufacturing and distribution uses, (e.g., manufacturing, service, and warehouse) provided they are permitted, or conditionally permitted in the MIP zone.

Buildings 7 and 8 would support more traditional warehousing and distribution operations, also as permitted or conditionally permitted in the M1 zone. More specifically, the MIP zone would allow for service uses, banks/financial services, professional offices, laboratories, manufacturing electronic parts and equipment, pharmaceuticals (with no odor smoke, gases, etc.), printing, and assembly operations, that need buildings of the size proposed in this area of the project. Colleges or educational uses could also be considered with an approved conditional use permit (CUP) on a case–by–case basis. For the entire project, the outdoor storage of raw materials, waste materials, storage bins, sea containers, etc., would not be permitted. Further, cold storage will not be a permitted use in any of the proposed buildings.

The Project’s buildings have been designed such that business operations would be conducted entirely within the enclosed buildings. General administrative/business activities are accommodated in the office and mezzanine spaces located within each building. No outdoor business operations would be permitted except for normal traffic movement, passenger and truck parking, the loading and unloading of trailers within designated truck courts/loading areas, and the internal and external movement of materials around the Project site via forklifts, pallet jacks, yard hostlers, and similar MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 22 of 286 equipment. The outdoor cargo handling equipment used during the loading and unloading of trailers (e.g., yard trucks, hostlers, yard goats, pallet jacks, and forklifts) is expected to be non–diesel powered per contemporary industry standards.

To further ensure the project is properly operated and maintained, the developer will establish an Owner’s Association with Conditions, Covenants, and Restrictions (CC&Rs), to provide a uniform set of rules and guidelines with which all owners must comply. The proposed CC&Rs will address sharing costs for general maintenance, insurance, taxes, common area expenses, landscaping and irrigation, WWQP requirements, rules on signage, and exterior building changes, etc., but will also restrict how owners may use their properties to control and/or limit negative impacts or adverse secondary impacts to the overall project site. Other provisions in the CC&Rs will clarify and/or prohibit undesirable uses such as cold storage, general auto repair uses, outdoor storage, etc. A draft set of CC&Rs has been prepared and is in the process of review by City staff and the City Attorney.

All future industrial business(s) and use(s) within the building would be subject to the applicable land use provisions contained in the Montclair Municipal Code, including the requirement to obtain and maintain a valid business license and State and Federal regulations on the handling, storage, and transport of waste materials, if applicable. As part of the routine review process for any new business, the property would be inspected to ensure compliance with all applicable codes, including property maintenance, and the provision of adequate on–site parking.

Finally, at the time the subject project was initiated, the applicant understood that the City had begun the process to update its General Plan, which is still in progress. Based on the draft conceptual General Plan Land Use Map the Project site’s General Plan Land Use designation would be changed from General Commercial to Mixed–Use Commerce.

According to the draft Mixed–Use Commerce land use designation, a wide variety of office and large–format retail and commercial activity along with multifamily dwellings could be allowed. Uses would include light industrial uses including research and development uses, small–scale manufacturing, professional and medical office, and traditional business parks. With the adoption of the proposed General Plan Update that is underway, the proposed Project would be an allowable use and consistent with the General Plan Update.

Tentative Tract Map
Staff finds the proposed tentative tract map design to be appropriate and a logical means for accommodating the proposed development of the site. As discussed above, although the site is large, its location, limited access, adjacency to the Ramona Avenue overpass, and extended roadway, have made it difficult to develop for a single user or the type of development(s) currently envisioned by the General Plan and Zoning Map. By subdividing the site into two developable areas of sufficient size with the fully improved extension of Third Street through the site to Ramona Avenue, the site becomes more efficient to develop. The two halves of the site created by the Third Street extension will allow the further subdivision of the site into developable parcels of adequate size and shape to promote orderly development with direct street frontage and easy access to accommodate future uses. Moreover, the new lots created by the proposed tract map will align with the existing and emerging development pattern in the surrounding area between State Street and the north side of Mission Boulevard, and between Kadota Avenue and Monte Vista Avenue.

MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 23 of 286 Access to the site will be from Mission Boulevard and Ramona Avenue, both fully developed major arterial roadways with signalized intersections. Moreover, given the width of and development of Mission Boulevard, the site is more than adequately separated from any sensitive users including residential uses to the south. To the west, the project proposes walls to separate the site from adjacent uses including residences.

The walls will provide screening and a moderated amount of sound attenuation.

Restrictions on outdoor activities will further reduce potential impacts. Outdoor lighting will require shielding as necessary to prevent spilling over to adjacent residential uses.

The site will be connected to the existing sanitary sewer system located within the right– of–ways of Mission Boulevard, Ramona Avenue, and State Street. All existing utility poles and overhead wires on the site and street frontages will be removed and/or placed underground.

The City Engineer and Fire Department have reviewed the proposed tract map and subsequent development of the site and found the map and project to be appropriately designed. All streets, new and existing, adjacent to and extended through the site will be improved to be up to date to meet applicable building and engineering code requirements and appearance standards. Consistent with Montclair Fire Department access requirements, the design of all project driveways allows for minimum turning radii. Signage and striping would demarcate fire lanes and clear spaces throughout the site. All gated entryways would include a rapid–access Knox system to provide emergency access to gated areas.

Precise Plan of Design
Overall, staff finds the proposed project to be well–designed and the proposed buildings to be appropriately situated for each parcel. The site plan was intentionally designed to have smaller buildings on the south half of the property and be more campus–like in appearance, to allow for a more diverse mix of business park uses and better support a mix of potential manufacturing, office, e–commerce, medical storage, laboratory, and research and development uses that could accommodate these uses. Access to and from both halves of the site will be relatively easy from all street frontages adjacent to the site. Other site improvements such as parking, trash enclosures, exterior lighting, landscaping, and required elements of the approved Water Quality Management Plan (WQMP) have been appropriately accommodated in the proposed plan. Trash enclosures are distributed around the site, where they can be adequately utilized and maintained.

When the project is completed it will provide a visual boost to the overall appearance of this site and key intersection within the City.

The project is designed to comply with the applicable development standards of the proposed MIP and M1 zoning designations requested with this application. The sizes, locations, massing, building height, and setbacks of all eight proposed buildings are consistent with the requested zoning designations. The design of the project meets all the applicable development standards of each zone and does not involve any requests for variances or administrative adjustments. At an average of 45 feet in height, the buildings within the project are lower than the 50–foot height for the MIP zone and less than the 75–foot height limit of the M1 zone. However, the view of rooftop equipment (other than skylights and required vents) from the Ramona Avenue Bridge relative to the grade of the site may pose a challenge. Staff will continue to work with the applicant’s architects to develop a strategy to screen rooftop equipment such as air conditioning equipment and ducting in office areas (except skylights). Staff has added a condition of MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 24 of 286 approval requiring that any roof–top equipment be fully screened from view to the greatest extent possible, as determined by the Director of Community Development.

When completed, the new buildings will contribute to the visual and physical improvement of the Mission Boulevard corridor and the surrounding area.

The Project’s buildings have been designed such that business operations would be conducted within the enclosed buildings. General administrative/business activities would be accommodated in the office and mezzanine spaces within each building. The proposed on–site parking for the project meets minimum requirements and is well distributed around each building. Parking for the site is based on a ratio of 1:1,000 s.f. requirement for the proposed industrial/warehouse buildings. As indicated, all exterior loading and parking areas will be illuminated at night, subject to City requirements for shielding and/or prevention of light overspill to adjoining properties. A review of the project’s exterior lighting and the photometric plan is subject to approval by City staff during the plan check process and is a typical condition of approval included in the proposed resolution for the Project.

Building Design
Staff finds the proposed building designs for both halves of the site to be well done and complementary in style and details. The slight design variations for buildings on each half of the site work well together as a whole and provides ample visual interest to the overall Project. Moreover, the amount of detail provided on each building in the form of varied parapet heights, cornice treatments, bracketed canopies, etc., help to give the buildings depth and visual interest in an appropriate and up–to–date manner. Elements of the design are extended to all sides of the buildings with street–side elevations of the buildings (particularly at corners and entry points) intentionally designed to provide a recognizable and attractive face to the adjacent streets. Truck dock areas are either recessed, screened, or located in the interior of the site to lessen their visibility.

The use of tilt–up panels is common for constructing industrial buildings and the level of detail elements can be easily incorporated into the panel designs where proposed.

The use of reveals (horizontal and vertical), wall offsets, and varied panel heights works well on all sides of the building and provides visual interest. The use of tilt–up construction is extended to site walls, trash enclosures, etc., and continues the desired design aesthetic for the project. Staff finds the proposed finishes and color palette of warm tones of taupe, tan, and gray, with burgundy accents, are well chosen and appropriate for the proposed architecture as well.

A comprehensive sign program has been developed for the project and although staff finds it to be appropriate overall. The sign program document and other drawings generally depict where signs will be located or placed on the site. However, there are a few minor adjustments to the sign program that are needed and can be completed during the plan check process. A condition of approval requesting the applicant work with staff to fine–tune the sign program has been added.

Landscaping
Landscaping for the overall project is well done and the selected plant materials are generally appropriate and appear to be evenly distributed. Eventually, the height of the trees will help to lessen the perception of the height of the new buildings much in the same way the existing trees on Monte Vista Avenue and Mission Boulevard softened the MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 25 of 286 height of existing drive–in screens. Staff will also work with the applicant to provide additional visual interest and address any exposed wall areas that could be subject to graffiti.

The proposed irrigation system is also designed to be water efficient. As a standard requirement, the project landscape architect has prepared a water budget for the project to meet State requirements for water conservation.

General Plan Amendment Findings
The proposed General Plan Amendment (GPA) promotes the goals and objectives of the General Plan and leaves the General Plan a compatible, integrated, and internally consistent statement of policies for the following reasons:

A. The GPA is integrated and compatible with the Land Use and Community Design Elements in that it provides an appropriate orientation and relationship between land uses within and adjacent to the subject site located on the northwest corner of Mission Boulevard and Ramona Avenue. The implementation of the proposed GPA would be consistent with the General Plan’s policy to encourage the development of parcels on Mission Boulevard where development has previously been hindered due to parcel size and configuration and access. Moreover, the GPA would be consistent with policies seeking to establish an effective balance of land use, circulation, transportation, and community design. The proposed GPA does not result in the removal or division of any existing residential neighborhoods on or adjacent to the site but would allow for the site to be redeveloped into a modern multi–building industrial park development consistent with development standards of the underlying MIP and M1 zones and recent new development in the immediate area. As such, the site would become an integral part of the City’s efforts to see dilapidated and underutilized properties transformed into attractive properties within the community.

B. The GPA is integrated and compatible with the future use of the site on Mission Boulevard and will generate traffic that is anticipated and within capacity levels, as provided for in the Circulation Element. The GPA would be consistent with the General Plan’s overall goal of providing residents and visitors of the City of Montclair with a circulation network that provides safe and efficient travel within and through the community.

C. The GPA does not result in the displacement of any existing housing units located on the site or adjacent parcels. The property does not contain any housing units and the surrounding development includes existing and new industrial uses only.

The property is not on any potential housing inventory sites and as such does not impact the potential for adding new housing units.

D. The GPA is integrated and compatible with the Conservation Element in that it provides uses, which promote the orderly conservation, development, and utilization of natural resources. The City’s General Plan does not designate any areas of the City as being within a habitat conservation plan (City of Montclair 1999). Furthermore, the City is not within any of the regional conservation plans designated by the state (CDFW 2014). As such, implementation of the Proposed GPA would not conflict with any applicable habitat conservation plan or natural community conservation plan. The subject site is characterized as being almost MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 26 of 286 completely covered with paved surfaces and buildings with landscaping and trees along the Mission Boulevard frontage and near the existing movie screens.

E. The GPA is integrated and compatible with the Open Space Element in that it provides for uses that are consistent with and promote the adopted goals and policies for preserving and managing open space within the City. No open space resources exist on the subject site.

F. The GPA is integrated and compatible with the Noise Element in that it provides a pattern of land uses that minimizes the exposure of community residents to excessive noise. The Montclair General Plan requires future development to comply with the standards of the Noise Element. The proposed GPA allows for the development of a modern multi–building industrial park development that maximizes the use of the site leaving only areas for onsite circulation, required parking, setbacks, and landscaping. No outdoor storage, manufacturing, or assembly operations are permitted. As such, outdoor activities would be largely limited to vehicle and truck movements. The closest residential uses are located immediately west of Lot 7 off Third Street. Potential noise impacts to these properties would be mitigated by utilizing new solid walls along the common (west) property line. Further mitigating noise impacts to the nearest residences on Third Street is the height of Building No. 7 and the truck docks for this building are on the east side and at a distance of 382 feet away.

G. The GPA is integrated and compatible with the Safety Element in that it provides an appropriate land use distribution and orientation that protects the community from unreasonable risks associated with seismic, geologic, flood, and wildfire hazards. Given the urbanized nature of the site and relatively gentle slope, there is no serious threat from wildland fires or geological instability. However, the General Plan recognizes the City of Montclair’s location within Seismic Zone 4, which is considered the most active seismic zone in the state. Further, there are no designated “Earthquake Fault Zones” in the City or the subject as confirmed by the Alquist–Priolo Earthquake Fault Zoning Maps, geologic hazard overlays in the City of Montclair’s General Plan Safety Element, and the County of San Bernardino’s Land Use Plan General Plan (City of Montclair 1999 and County of San Bernardino 2010). Finally, as standard practice for all development in the City, all development projects on the subject site will be required to comply with the Unified Building Code standards and regulations which include proper soil preparation and compaction requirements for construction.

Zone Change Findings
A. The Zone Change of the Project site area to “M1 Limited Manufacturing” (north side of Third Street) and “MIP Manufacturing Industrial” (south side of Third Street) would officially change the current Montclair Zoning Map and related documents from the current “C3 General Commercial,” “MIP Manufacturing Industrial,” and “M1 Limited Manufacturing” designations assigned to the project site by the Montclair Zoning Map. The new zoning designations would then accommodate the proposed development of the project site. Further, the zone change to “M1 Limited Manufacturing” (north side of Third Street) and “MIP Manufacturing Industrial” (south side of Third Street) would be consistent with the proposed General Plan Amendment to re–designate the project site from “General Commercial” (Entire Site) MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 27 of 286 to “M1 Limited Manufacturing” (north side of Third Street) and “Industrial Park” (south side of Third Street).

B. Uses of the project site authorized by the Zone Change promote and achieve the intended goals of the proposed Mission and Ramona Business Park project.

Further, new industrial development under the new land use zones of the site would be consistent with the General Plan Land Use and Community Design Elements policies that encourage projects that effectively balance land use, circulation, transportation, and community design.

C. The Zone Change is reasonably related to the public welfare of the citizens of the City of Montclair and the surrounding region because the change would enable the City to employ good zoning practices that seek to integrate the uses of this very prominent piece of property with surrounding uses and the City’s overall goals for a balanced economic base and orderly development. Without the proposed zone change, the above goals could not be achieved.

Findings for Tentative Tract Map No. 20381
A. The proposed subdivision of the 27.74–acre site is designed, to the extent feasible, to provide for passive or natural heating or cooling opportunities. The lot pattern and proposed arrangement of buildings on the site are generally oriented, spaced, and designed to allow for access to adequate light and air. Each building will be designed to comply with building code requirements for energy efficiency and the project will provide tree–lined streets 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 applicable zoning designations:

1. The Tentative Tract Map would provide for land uses compatible with the land use classification for the subject site by the General Plan and associated zoning districts as amended. 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. The proposed development of the 27.74–acre site and project design and improvements would be consistent with the proposed General Plan land use designations for the site.

2. The Tentative Tract Map provides for land uses compatible with the “M1 Limited Manufacturing” (north side of Third Street) and “MIP Manufacturing Industrial” (south side of Third Street) zoning districts in which they are located. Moreover, the design for the site and buildings are of high quality and consistent with the high expectations of improvements for projects within the City.

3. The subject site is physically suitable for the type and density of development proposed in the Tentative Tract Map given the overall size of the property. The site is 27.74 acres in overall area and is of a configuration that has sufficient width and depth to allow for the proposed creation of lots and subsequent orderly site development. The project site is also MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 28 of 286 located adjacent to fully–improved streets that will provide good access and allow for appropriate internal pedestrian and vehicular circulation. The proposed public streets within the project boundaries will be fully improved and serve to link the project to adjacent fully improved streets.

C. The subdivision design and improvements proposed in the Tentative Tract Map are not likely to cause substantial environmental damage nor substantially injure fish, wildlife, or their habitat. As explained in the Mission and Ramona Business Park Environmental Impact Report (SCH #2021010005) (“EIR”), the site is surrounded by urban development and streets, does not contain any bodies of water, and is not linked to any wildlife corridors. Further, the EIR explains that the site does not contain any known habitats of significance including rare or endangered species of plant, animal, or insect life.

D. The subdivision design and type of improvements proposed in the Tentative Tract Map are not likely to cause serious public health problems because all development and public improvements will be performed per the requirements of all applicable standards and codes including the zoning and building codes, and Mitigation Measures identified in the EIR.

E. The subdivision design and type of improvements proposed in the Tentative Tract Map will not conflict with any easements acquired by the public at large for access through or use of the subject site because no such easements exist on the subject site. However, the map provides for new public easements specifically intended to allow for public access at key points in the new plan and to facilitate pedestrian public access to and from the site.

F. The discharge of waste into the existing sanitary sewer system from the development proposed in the Tentative Tract 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 according to California Plumbing Code and Municipal Code requirements. Sewer mains exist in the Mission Boulevard, Ramona Avenue, and State Street rights–of–way and are near the site to facilitate ease of connection.

Precise Plan of Design Findings
A. The proposed development of the project site with new industrial–type buildings and site improvements are consistent with their new land use designations of “M1 Limited Manufacturing” (north side of Third Street) and “MIP Manufacturing Industrial” (south side of Third Street) per the amended land use maps of the City’s General Plan and Official Zoning Map. The development of Lots 1–6 of TM 20381 fronting Mission Boulevard and Ramona Avenue will contribute to the mix of existing commercial use and new industrial development found on the north side of Mission Boulevard and the development of Lots 7 and 8 of TTM 20831 will continue the ongoing improvement of the State Street properties with appropriate development related to the area near the south side of the Union Pacific Railroad right–of–way. Further, future users of the site will be subject to zoning verification and would be restricted to indoor activities only.

B. The proposed project would result in a significant improvement to the appearance of the area by allowing the development of well–designed and scaled buildings in MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 29 of 286 a manner that makes efficient use of the site, contribute to the improvement of property values in the area, is compatible with adjacent land uses, and complies with the intent and applicable development standards of the M1 Limited Manufacturing” (north side of Third Street) and “MIP Manufacturing Industrial” (south side of Third Street) zoning districts.

C. The site plan, building form, massing, and height of the proposed buildings on the project site and their respective architectural design as indicated in the submitted plans are attractive and up–to–date and will contribute to the ongoing improvement of the Mission Boulevard corridor. The design features high–quality exterior materials and finishes and incorporates appropriate lighting and landscape materials to give the project a distinct and attractive street appearance.

Environmental Assessment
In compliance with California Environmental Quality Act (CEQA), a Draft Environmental Impact Report (“DEIR”) was prepared to analyze the potential environmental impacts that may result from the implementation of the proposed Project. The DEIR evaluated potential environmental impacts associated with the implementation of the Project and provides information regarding short–term, long–term, direct, indirect, and cumulative environmental effects of the Project. It also identified feasible mitigation measures and/or alternatives that would minimize or eliminate the potentially significant impacts associated with the implementation of the Project. A Mitigation Monitoring and Reporting Program has been prepared and is attached as Exhibit B to Resolution No. 22– 1971. A Statement of Overriding Considerations will be necessary should the City Council decide to approve the Project because of the significant and unavoidable impacts.

On January 4, 2021, the City sent to the Office of Planning and Research and each responsible trustee agency a Notice of Preparation (“NOP”) stating that an Environmental Impact Report (State Clearinghouse No. 2021010005) would be prepared. According to Public Resources Code section 21083.9 and State CEQA Guidelines sections 15082(c) and 15083, the City held a duly noticed Scoping Meeting on January 13, 2021, to solicit comments on the scope of the environmental review of the proposed Project and, eight comments were received.

The DEIR determined that mitigation measures were required to mitigate impacts to a less than significant level for the following resource areas: biological resources, cultural and tribal cultural resources, geology and soils, hazards and hazardous materials, noise, utilities, and service systems. However, the DEIR further concluded that despite the incorporation of all feasible mitigation measures, the proposed Project would nonetheless result in significant and unavoidable impacts relating to air quality, greenhouse gas emissions, and land use and planning. The Statement of Overriding Considerations and Findings for the Project is attached as Exhibit A to Resolution No. 22–1971.

As required by State CEQA Guidelines section 15087(a), the City provided a Notice of Availability of the DEIR to the public at the same time that the City sent a Notice of Completion to the Office of Planning and Research, on January 10, 2022. On the same date, the DEIR was circulated for at least a 45–day public review and comment period from January 10, 2022, through February 25, 2022. During the public comment period, copies of the DEIR and technical appendices were available for review and inspection at MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 30 of 286 the City’s Community Development Department, on the City’s website, and at the Montclair Public Library. The City received sixty–nine comment letters during the public review period and two comment letters after the public review period.

On June 1, 2022, the City released the Final EIR (“FEIR”), which consists of the DEIR, all technical appendices prepared in support of the Draft EIR, all written comment letters received on the DEIR, written responses to all written comment letters received on the DEIR, and errata to the DEIR and technical appendices. The FEIR is available for review on the City’s website at https://www.cityofmontclair.org/current–projects–in–montclair.

As discussed in the DEIR and FEIR, the City’s review of the Project is generally limited to (1) a review of the Project’s consistency with the City’s land use regulations and policy documents, (2) ensuring the Project’s environmental effects are adequately evaluated, disclosed, and if necessary, mitigated to the maximum extent feasible, and (3) evaluating the merits of the requested discretionary entitlements.

Public Comment
A total of sixty–nine (69) separate public comments were received (via email) by the City during the public review period for the EIR and two additional comments (via email) after the 45–day public review period, which ran from January 10, 2022, through February 25, 2022. Two of the comment letters were received from legal firms representing organized labor unions.

Except for two respondents’ comments, all of the comments received were in opposition to the project as proposed with an overall preference to keep the Mission Tiki Drive–In Theater in operation. Multiple commenters addressed the same issues, thereby allowing responses to be grouped into three thematic concerns as follows:
 Loss of a community gathering space in the City and that the City should consider other land uses for the redevelopment of the site;
 Loss of a historic resource; and
 The project would result in significant and unavoidable impacts to air quality and greenhouse gas (GHG) emissions, as well as other concerns regarding environmental justice, health effects associated with air pollutant emissions, and potential air pollutant impacts on sensitive receptors such as nearby residences and schools.

All written comment letters received on the DEIR are listed in Table 2–1 of the FEIR (November 2022). Each comment letter was coded with a number to facilitate identification and tracking (see FEIR Table 2–1). These numbered comment letters were reviewed and divided into individual comments, with each comment containing a single theme, issue, or concern. Full responses to comments are also contained in the FEIR.

The City recognizes the concerns raised by many of the commenters regarding the closure of the Mission Tiki Drive–In. It is recognized that the drive–in has long served as a community gathering place and source of entertainment for generations of City residents and visitors. However, in the context of the City’s land use authority, the City is limited in its ability to control a private landowner’s actions beyond the powers granted to the City under California Planning and Zoning Law. Moreover, the City does MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 31 of 286 not have the authority to compel the property owner to continue the operation of a private business. This decision is at the sole discretion of the property owner.

Planning Commission Meeting Summary
At the November 28, 2022, Planning Commission meeting, 13 individuals (three via phone) provided public comment. Eight persons, representing local labor groups spoke in favor of the project, and two persons (one representing the League of United Latin American Citizens – LULAC, and the other from the Pomona Historical Society) opposed the project as did the three individuals who called in. Three additional comments opposing the project sent via email were received earlier in the day. All comments received in opposition to the project expressed similar opinions previously received as identified in the above section.

Following public comments, the Planning Commission asked about street improvements to Third Street west of the project site and details regarding the site and buildings. With respect to Third Street improvements, City staff indicated that conditions of approval in the draft resolution addressed several existing deficiencies on Third Street, including missing curb/gutter and sidewalks and the need for repaving. The applicant is already required to install full improvements for the approximately 175 feet west of the project boundary up to where Third Street intersects with an existing, north–south, County access lane. From that point westward, the developer also agreed to share the cost of repairing and repaving the remainder of Third Street to Silicone Avenue.

Regarding, the site plan and architectural details of the project the Planning Commission offered the following comments:
 Enhance landscaping along the Mission Boulevard and Ramona Avenue frontages with special emphasis on the setback areas at the intersection of both streets and the intersection of Ramona Avenue and the Third Street extension.  Add and/or extend decorative pavement treatment to driveway entries for the project.
 Consider introducing a public art component to the sign program for the project.  Consider more architectural detail to the buildings by means of color, texture, panel height variation, etc.

Staff indicated some of these issues were anticipated and included in Condition No. 14 of Planning Commission Resolution No. 22–1974.

Given the short time frame between the Planning Commission and City Council meetings, it was not possible for the applicant to coordinate with the project’s consultant team and update the drawings in time for this meeting. However, since the Planning Commission meeting, staff has been in contact with the developer and one of the architects to discuss the above items and are amenable to making appropriate adjustments to the project that address the above comments. Condition No. 14 of City Council Resolution No. 22–3390 will continue to address the above items in need of further refinement by the developer in coordination with City staff prior to the issuance of building permits for the project.

MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 32 of 286 Public Notice
Notice of the public hearing before the Montclair City Council was published in the Inland Valley Daily Bulletin on December 9, 2022. Notice was also mailed to property owners within a 1,000–foot radius from the exterior boundaries of the project site exceeding the State–mandated minimum of 300 feet for consideration of the discretionary entitlements
FISCAL IMPACT: Approval of the project would ultimately result in positive, long–term economic benefits for the City, including enhanced property values from improvements to the property. Public improvements, including undergrounding of utilities, and street improvements (e.g. paving, sidewalks, curb and gutter, signal enhancements, etc. will be borne by the developer. Additional income to the City includes revenue from development impact fees, increased property taxes, and possible sales tax revenue from future users/businesses. Further, school impact fees will benefit the Ontario–Montclair School District and Chaffey Joint Union High School District, and 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.

City staff acknowledges that the closure of the Mission Tiki Drive–In to accommodate the Mission & Ramona Business Park (hereafter, “Mission”) diminishes the City’s sales tax revenue base and available forms of leisure entertainment (the loss of four outdoor movie theater screens) and shopping experiences (weekly swap meets) in Montclair. To redress these losses, the City and Mission mutually agree to establish an annual Community Benefit Fee. The Community Benefit Fee would be based on the following provisions and as detailed further in Condition No. 16 of City Council Resolution No. 22– 3390:

Mission agrees to pay to the City the following annual fee:
1) Upon issuance of the first Certificate of Occupancy in the Mission & Ramona Business Park Project, and upon each anniversary thereof (hereafter, the “Anniversary Date”), a Community Benefit Fee will be remitted to the City equal to one and one quarter cents ($.0125) per month for every square foot of the building area that is leased and occupied during each month of such year, including subleased space. If a building is leased and occupied for a partial month, the Community Benefit Fee shall be prorated for the number of days leased and occupied in such calendar month as compared to the total number of days in such month. Furthermore, for avoidance of doubt, if all buildings are fully leased and occupied for each year preceding the Anniversary Date, the resulting annual Community Benefit Fee payment will be Fifteen Cents ($0.15) per square foot or Seventy–Six Thousand Nine Hundred Ninety–Four Dollars and Twenty–Five Cents ($76,994.25).
2) The Community Benefit Fee shall be deposited with the City of Montclair and shall be used for community benefit purposes determined by the City including, but not limited to, City–operated youth sports programs, Montclair to College Program, and other programs designated by the City.
3) Failure by Mission to make fee payments as provided in this condition shall be subject to a penalty equal to twenty–five percent of the amount of the fee (in addition to the amount of the fee), plus interest on the unpaid fee and interest on the unpaid penalties calculated from the due date of the fee at a rate of ten percent.

MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 33 of 286 RECOMMENDATION: Staff recommends the City Council take the following actions in relation to the proposed development of an eight–building industrial business park, named the “Mission and Ramona Business Park,” on a 27.74–acre site at the northwest corner of Mission Boulevard and Ramona Avenue under Case No. 2021–07 and consistent with City policy and standards:

1. Adopt Resolution No. 22–3388 adopting environmental findings pursuant to the California Environmental Quality Act; certifying the Mission Boulevard and Ramona Avenue Business Park Project Final Environmental Impact Report (EIR) (SCH# 2021010005); adopting a statement of overriding considerations; adopting a mitigation monitoring program; and approving the Project under Planning Case No. 2021–07;

2. Adopt Resolution No. 22–3389 modifying the land use designation of 27.74 acres at the northwest corner of Mission Boulevard and Ramona Avenue, from “General Commercial” (entire site) to “M1 Limited Manufacturing” (north side of Third Street extension) and “Industrial Park” (south side of Third Street extension) (Planning Case No. 2021–07), contingent on the City Council certifying the EIR for the Mission and Ramona Business Park Project;

3. Introduce and conduct the first reading of Ordinance No. 23–1003 modifying the zoning designation of 27.74 acres of land at the northwest corner of Mission Boulevard and Ramona Avenue from “C3 – General Commercial,” “MIP – Manufacturing Industrial,” and “M1 – Limited Manufacturing,” to “M1 – Limited Manufacturing” (north side of Third Street extension) and “MIP – Manufacturing Industrial” (south side of Third Street extension) (Planning Case No. 2021–07), contingent on the City Council certifying the EIR for the Mission and Ramona Business Park Project;

4. Set a public hearing for second reading and to consider adoption of Ordinance No. 23–1003 on Tuesday, January 17, 2023, at 7:00 p.m. in the City Council Chambers; and

5. Adopt Resolution No. 22–3390 approving Tentative Tract Map No. 20381 and a Precise Plan of Design for the site plan, floor plans, elevations, colors, materials, and conceptual landscape plan for an eight–building industrial park development on 27.74 acres of land at the northwest corner of Mission Boulevard and Ramona Avenue (Planning Case No. 2021–07), contingent on the City Council certifying the EIR for the Mission and Ramona Business Park Project.

MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 34 of 286 Resolution No. 22–3388 Page 1 of 4
RESOLUTION NO. 22–3388

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MONTCLAIR ADOPTING ENVIRONMENTAL FINDINGS

PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY

ACT, CERTIFYING THE MISSION AND RAMONA BUSINESS PARK

PROJECT FINAL ENVIRONMENTAL IMPACT REPORT (SCH
#2021010005), ADOPTING A STATEMENT OF OVERRIDING

CONSIDERATIONS, ADOPTING A MITIGATION MONITORING

AND REPORTING PROGRAM, AND APPROVING THE PROJECT
WHEREAS, the Mission and Ramona Business Park Project (“Project”) proposes to involve the demolition of all existing on–site structures and the construction of an eight– building business park on a 27.74–acre site located at the northwest corner of Mission Boulevard and Ramona Avenue in the southeastern part of the City of Montclair; and WHEREAS, the Project would require a General Plan Amendment, Zone Change, Tract Map, Precise Plan of Design, and other ministerial permits, such as an encroachment permit, grading permit, general construction permit, and street/lane closure permit and
WHEREAS, the City of Montclair, as the lead agency for the proposed Project, prepared an Initial Study, and based on that Initial Study, determined that an EIR should be prepared because the Project may have a significant effect on the environment; and WHEREAS, based on the Initial Study, the City further determined that impacts to aesthetics, agriculture and forestry, geology and soils (excluding paleontological resources), hydrology and water quality, mineral resources, population and housing, public services, recreation, and wildfire would be less than significant and thus need not be analyzed further in the EIR; and
WHEREAS, in accordance with State CEQA Guidelines section 15082, on January 4, 2021, the City sent to the Office of Planning and Research and each responsible and trustee agency a Notice of Preparation (“NOP”) stating that an Environmental Impact Report (State Clearinghouse No. 2021010005) would be prepared; and WHEREAS, pursuant to Public Resources Code Section 21083.9 and State CEQA Guidelines Sections 15082(c) and 15083, the City held a duly noticed Scoping Meeting on January 13, 2021, to solicit comments on the scope of the environmental review of the proposed Project and, eight comments were received; and WHEREAS, pursuant to section 21067 of the Public Resources Code, and section 15367 of the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), the City prepared a Draft Environmental Impact Report (“Draft EIR”), incorporating comments received in response to the NOP; and
WHEREAS, the Draft EIR determined that mitigation measures were required to mitigate impacts to a less than significant level for the following resource areas:
biological resources, cultural and tribal cultural resources, geology and soils, hazards and hazardous materials, noise, utilities and service systems; and WHEREAS, the Draft EIR further concluded that despite the incorporation of all feasible mitigation measures, the proposed Project would nonetheless result in significant and unavoidable impacts relating to air quality, greenhouse gas emissions, and land use and planning; and
WHEREAS, in accordance with State CEQA Guidelines section 15085, a Notice of Completion was prepared and filed with the Office of Planning and Research on January 10, 2022; and
WHEREAS, as required by State CEQA Guidelines section 15087(a), the City provided Notice of Availability of the Draft EIR to the public at the same time that the City sent Notice of Completion to the Office of Planning and Research, on January 10, 2022; and
WHEREAS, during the public comment period, copies of the Draft EIR and technical appendices were available for review and inspection at the City’s Community Development Department, on the City’s website, and at the Montclair Public Library; and MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 35 of 286 Resolution No. 22–3388 Page 2 of 4
WHEREAS, pursuant to State CEQA Guidelines section 15087(e), the Draft EIR was circulated for at least a 45–day public review and comment period from January 10, 2022 through February 25, 2022; and
WHEREAS, the City received sixty–nine comment letters during the public review period and two comment letters after the public review period; and WHEREAS, on June 1, 2022, the City released the Final EIR (“Final EIR”), which consists of the Draft EIR, all technical appendices prepared in support of the Draft EIR) all written comment letters received on the Draft EIR, written responses to all written comment letters received on the Draft EIR, and errata to the Draft EIR and technical appendices; and
WHEREAS, the “EIR” consists of the Final EIR and its attachments and appendices, as well as the Draft EIR and its attachments and appendices (as modified by the Final EIR); and
WHEREAS, all potentially significant adverse environmental impacts were sufficiently analyzed in the EIR; and
WHEREAS, as contained herein, the City has endeavored in good faith to set forth the basis for its decision on the Project; and
WHEREAS, all of the requirements of the Public Resources Code and the State CEQA Guidelines have been satisfied by the City in connection with the preparation of the EIR, which is sufficiently detailed so that all of the potentially significant environmental effects of the Project have been adequately evaluated; and WHEREAS, the EIR prepared in connection with the Project sufficiently analyzes the Project’s potentially significant environmental impacts and, although no significant and unavoidable impacts were identified, the EIR analyzes a range of feasible alternatives capable of reducing these effects to an even lesser level of significance; and WHEREAS, the City has made certain findings of fact, as set forth in Exhibit A to this Resolution, attached hereto and incorporated herein, based upon the oral and written evidence presented to it as a whole and the entirety of the administrative record for the Project, which are incorporated herein by this reference; and WHEREAS, the City finds that environmental impacts that are identified in the EIR as less than significant and do not require mitigation are described in Section 2.4 of Exhibit A; and
WHEREAS, the City finds that environmental impacts that are identified in the EIR that are less than significant with the incorporation of mitigation measures are described in Section 2.3 of Exhibit A; and
WHEREAS, the City finds that even with the incorporation of all feasible mitigation measures, the environmental impacts that are identified in the EIR that are significant and unavoidable are described in Section 2.2 of Exhibit A; and WHEREAS, the cumulative impacts of the Project identified in the EIR and set forth herein, are described in Section 3 of Exhibit A; and
WHEREAS, the potential significant irreversible environmental changes that would result from the proposed Project identified in the EIR and set forth herein, are described in Section 4 of Exhibit A; and
WHEREAS, the existence of any growth–inducing impacts resulting from the proposed Project identified in the EIR and set forth herein, are described in Section 5 of Exhibit A; and
WHEREAS, alternatives to the proposed Project that might further reduce the already less than significant environmental impacts are described in Section 6 of Exhibit A; and
WHEREAS, a statement of overriding considerations is set forth in Section 7 of Exhibit A; and

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WHEREAS, all the mitigation measures identified in the EIR and necessary to reduce the potentially significant impacts of the proposed Project to a level of less than significant are set forth in the Mitigation Monitoring and Reporting Program (MMRP) in Exhibit B to this Resolution, attached hereto and incorporated herein; and WHEREAS, prior to taking action, the City has heard, been presented with, reviewed and considered all of the information and data in the administrative record, including but not limited to the EIR, and all oral and written evidence presented to it during all meetings and hearings; and
WHEREAS, the EIR reflects the independent judgment of the City and is deemed adequate for purposes of making decisions on the merits of the Project; and WHEREAS, no comments made in the public hearings conducted by the City and no additional information submitted to the City have produced substantial new information requiring recirculation of the EIR or additional environmental review of the Project under Public Resources Code section 21092.1 and State CEQA Guidelines section 15088.5; and
WHEREAS, on November 28, 2022, the Planning Commission conducted a duly noticed public hearing on this Resolution, at which time all persons wishing to testify were heard and the Project was fully considered; and
WHEREAS, on November 28, 2022, the Planning Commission, by a vote of 5–0–0 approved Planning Commission Resolution No. 22–1971 recommending the City Council adopt environmental findings pursuant to the California Environmental Quality Act, certify the Mission and Ramona Business Park Project Final Environmental Impact Report, adopt a Statement of Overriding Considerations, adopt a Mitigation Monitoring and Reporting Program, and approve the Project; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONTCLAIR:

SECTION 1. The above recitals are true and correct and incorporated herein by reference.

SECTION 2. The City Council hereby finds that it has been presented with the EIR, which it has reviewed and considered, and further finds that the EIR is an accurate and objective statement that has been completed in full compliance with CEQA and the State CEQA Guidelines. The City Council finds that the EIR reflects the independent judgment and analysis of the City. The City Council declares that no evidence of new significant impacts or any new information of “substantial importance” as defined by State CEQA Guidelines section 15088.5, has been received by the City after circulation of the Draft EIR that would require recirculation. Therefore, the City Council certifies the EIR based on the entirety of the record of proceedings.

SECTION 3. The City Council adopts the “CEQA Findings of Fact” pursuant to State CEQA Guidelines section 15091, and the Statement of Overriding Considerations pursuant to State CEQA Guidelines section 15093, both of which are attached hereto as Exhibit A and incorporated herein by this reference.

SECTION 4. Pursuant to Public Resources Code section 21081.6, the City Council adopts the Mitigation Monitoring and Reporting Program attached hereto as Exhibit B and incorporated herein by this reference, and make implementation of the Mitigation Measures contained in the Mitigation Monitoring and Reporting Program a condition of approval of the Project. In the event of any inconsistencies between the Mitigation Measures set forth in the EIR or the Findings of Fact and the Mitigation Monitoring and Reporting Program, the Mitigation Monitoring and Reporting Program shall control.

SECTION 5. Based upon the entire record before it, including the EIR, Findings of Fact and Statement of Overriding Considerations, and all written and oral evidence presented, the City Council approves the proposed Project.

SECTION 6. 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 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 37 of 286 Resolution No. 22–3388 Page 4 of 4
Development Department, City of Montclair, 5111 Benito Street, Montclair, California 91763, or by telephone at (909) 625–9477 This information is provided pursuant to Public Resources Code section 21081.6.

SECTION 7. 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 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 M. Myrick, City Clerk of the City of Montclair, DO HEREBY CERTIFY that Resolution No. 22–3388 was duly adopted by the City Council of said city and was approved by the Mayor of said city at a regular meeting of said City Council held on the XX day of XX, 2022, and that it was adopted by the following vote, to–wit:

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

Andrea M. Myrick
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 38 of 286 Resolution No. 22–3389 Page 1 of 5
RESOLUTION NO. 22–3389

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MONTCLAIR AMENDING THE MONTCLAIR GENERAL PLAN

LAND USE MAP BY MODIFYING THE LAND USE
DESIGNATION OF 27.74 ACRES AT THE NORTHWEST

CORNER OF MISSION BOULEVARD AND RAMONA AVENUE
FROM “GENERAL COMMERCIAL” (ENTIRE SITE) TO “M1
LIMITED MANUFACTURING” (NORTH SIDE OF THIRD
STREET EXTENSION) AND “INDUSTRIAL PARK” (SOUTH

SIDE OF THIRD STREET EXTENSION) CONTINGENT ON THE

CITY COUNCIL CERTIFYING THE EIR FOR THE MISSION

AND RAMONA BUSINESS PARK PROJECT
WHEREAS, local governments are authorized by Government Code section 65350 et seq., to prepare, adopt, and amend General Plans; and WHEREAS, on February 8, 2021, Mission Blvd Industrial Owner LP, the property owner, filed an application requesting approval for a General Plan Amendment, Zone Change, Tentative Tract Map, and a Precise Plan of Design (PPD), under Case No. 2021– 07 to construct an eight–building industrial park development on the subject site; and WHEREAS, the proposed project is identified as the Mission and Ramona Business Park (“Project”); and
WHEREAS, the Mission and Ramona Business Park Project (“Project”) proposes to involve the demolition of all existing on–site structures and the construction of an eight– building business park on a 27.74–acre site located at the northwest corner of Mission Boulevard and Ramona Avenue in the southeastern part of the City of Montclair; and WHEREAS, the Project would require a General Plan Amendment, Zone Change, Tract Map, Precise Plan of Design, and other ministerial permits, such as an encroachment permit, grading permit, general construction permit, and street/lane closure permit; and
WHEREAS, currently the entire Project site is designated “General Commercial” (GC) by the General Plan (1999), which allows for a wide range of commercial activities including retail and wholesale establishments; and
WHEREAS, since the GC land use designation has been in place for 23 years, no new commercial development (particularly retail) has occurred on Mission Boulevard and nearly all new construction activity on the north side of Mission Boulevard has been smaller–scale industrial development on underutilized or vacant land parcels; and WHEREAS, the City’s General Plan recognizes that a wide range of land uses are necessary to promote a prosperous community and sound economic base, and General Plan Policy LU–1–1.32 states that it is a policy of the City to “encourage the use of the industrial park or business park concept for the development of industrial land,” and given the Project would be located within the Mission Boulevard corridor, which has long been an established industrial corridor, the Project is consistent with the City’s land use and planning strategy; and
WHEREAS, the requested amendments to the General Plan Land Use Map from GC to “M1 Limited Manufacturing” (north side of the Third Street extension) and “Industrial Park” (south side of Third Street) would bring the Project site into consistency with predominate zoning designations of the surrounding area between State Street and the north side of Mission Boulevard, and are depicted in Exhibit A; and WHEREAS, the proposed General Plan amendment and related zone changes would resolve the current inconsistency between both land use documents, and allow for the development of the site with a project in line with existing and new types of improvements in the same area, and the Project would result in the development of industrial uses in keeping with the surrounding industrial corridor within the City; and WHEREAS, the City of Montclair, as the lead agency for the proposed Project, prepared an Environmental Impact Report (“EIR”) that analyzed the Project’s environmental impacts in compliance with the provisions of the California Environmental Quality Act (Pub. Resources Code §§ 21000 et seq.: “CEQA”), including the proposed General Plan amendment; and
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WHEREAS, the Planning Commission conducted a duly–noticed public hearing on November 28, 2022, to consider the Project, the EIR prepared to analyze the Project’s environmental impacts, and proposed amendments to the General Plan Land Use Map, where members of the public were allowed to comment on the recommendation to the City Council regarding the proposed General Plan Amendment, Zone Change, Tentative Tract Map, Precise Plan of Design, and the EIR.

WHEREAS, on November 28, 2022, the Planning Commission, by a vote of 5–0–0 approved Planning Commission Resolution No. 22–1972 recommending City Council approval of the proposed General Plan Amendment for 27.74 acres of land at the northwest corner of Mission Boulevard and Ramona Avenue from GC to “M1 Limited Manufacturing” (north side of the Third Street extension) and “Industrial Park” (south side of Third Street); and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONTCLAIR:

SECTION 1. Recitals. The City Council hereby finds that all of the facts set forth in the Recitals of this Resolution are true and correct.

SECTION 2. Recommendation of the Amendment to the General Plan Land Use Map. Based on the entire record before the City Council, all written and oral evidence presented, and the findings made in this Resolution, the City Council approves the proposed Amendment to the General Plan Land Use Map associated with Case No. 2021– 07, modifying the land use designation of 27.74 acres of land located at the northwest corner of Mission Boulevard and Ramona Avenue in the City of Montclair, as set forth in the attached Exhibit "A", contingent upon the City Council certifying the EIR for the project.

SECTION 3. Amendment Findings. Based on the entire record before the City Council and all written and oral evidence presented, the City Council finds the Amendment promotes the goals and objectives of the General Plan and leaves the General Plan a compatible, integrated, and internally consistent statement of policies for the following reasons:

A. The GPA is integrated and compatible with the Land Use and Community Design Elements in that it provides an appropriate orientation and relationship between land uses within and adjacent to the subject site located on the northwest corner of Mission Boulevard and Ramona Avenue. The implementation of the proposed GPA would be consistent with the General Plan’s policy to encourage the development of parcels on Mission Boulevard where development has previously been hindered due to parcel size and configuration and access. Moreover, the GPA would be consistent with policies seeking to establish an effective balance of land use, circulation, transportation, and community design. The proposed GPA does not result in the removal or division of any existing residential neighborhoods on or adjacent to the site but would allow for the site to be redeveloped into a modern multi–building industrial park development consistent with development standards of the underlying MIP and M1 zones and recent new development in the immediate area. As such, the site would become an integral part of the City’s efforts to see dilapidated and underutilized properties transformed into attractive properties within the community.

B. The GPA is integrated and compatible with the future use of the site on Mission Boulevard and will generate traffic that is anticipated and within capacity levels, as provided for in the Circulation Element. The GPA would be consistent with the General Plan’s overall goal of providing residents and visitors of the City of Montclair with a circulation network that provides safe and efficient travel within and through the community.

C. The GPA does not result in the displacement of any existing housing units located on the site or adjacent parcels. The property does not contain any housing units and the surrounding development includes existing and new industrial uses only.

The property is not on any potential housing inventory sites and as such does not impact the potential for adding new housing units.

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D. The GPA is integrated and compatible with the Conservation Element in that it provides uses, which promote the orderly conservation, development, and utilization of natural resources. The City’s General Plan does not designate any areas of the City as being within a habitat conservation plan (City of Montclair 1999). Furthermore, the City is not within any of the regional conservation plans designated by the state (CDFW 2014). As such, implementation of the Proposed GPA would not conflict with any applicable habitat conservation plan or natural community conservation plan. The subject site is characterized as being almost completely covered with paved surfaces and buildings with landscaping and trees along the Mission Boulevard frontage and near the existing movie screens.

E. The GPA is integrated and compatible with the Open Space Element in that it provides for uses that are consistent with and promote the adopted goals and policies for preserving and managing open space within the City. No open space resources exist on the subject site.

F. The GPA is integrated and compatible with the Noise Element in that it provides a pattern of land uses that minimizes the exposure of community residents to excessive noise. The Montclair General Plan requires future development to comply with the standards of the Noise Element. The proposed GPA allows for the development of a modern multi–building industrial park development that maximizes the use of the site leaving only areas for onsite circulation, required parking, setbacks, and landscaping. No outdoor storage, manufacturing, or assembly operations are permitted. As such, outdoor activities would be largely limited to vehicle and truck movements. The closest residential uses are located immediately west of Lot 7 off Third Street. Potential noise impacts to these properties would be mitigated by utilizing new solid walls along the common (west) property line. Further mitigating noise impacts to the nearest residences on Third Street is the height of Building No. 7 and the truck docks for this building are on the east side at a distance of 382 feet away.

G. The GPA is integrated and compatible with the Safety Element in that it provides an appropriate land use distribution and orientation that protects the community from unreasonable risks associated with seismic, geologic, flood, and wildfire hazards. Given the urbanized nature of the site and relatively gentle slope, there is no serious threat from wildland fires or geological instability. However, the General Plan recognizes the City of Montclair’s location within Seismic Zone 4, which is considered the most active seismic zone in the state. Further, there are no designated “Earthquake Fault Zones” in the City or the subject as confirmed by the Alquist–Priolo Earthquake Fault Zoning Maps, geologic hazard overlays in the City of Montclair’s General Plan Safety Element, and the County of San Bernardino’s Land Use Plan General Plan (City of Montclair 1999 and County of San Bernardino 2010). Finally, as standard practice for all development in the City, all development projects on the subject site will be required to comply with the Uniform Building Code standards and regulations which include proper soil preparation and compaction requirements for construction.

SECTION 4. California Environmental Quality Act. Resolution No. 22–3388 recommends certification of the Final EIR (SCH # 2021010005), adoption of findings under CEQA, adoption of the MMRP, and acceptance for the Statement of Overriding Considerations, and, among other things, properly assesses the environmental impact of the Project in accordance with CEQA. This Resolution incorporates by reference the environmental findings and analysis set forth in Resolution No. 22–3388 as if fully set forth herein.

SECTION 5. Custodian of Records. The location and custodian of the documents and any other material, which constitute the record of proceedings upon which the Planning Commission 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 SECTION 6. Effective Date. This Resolution shall become effective upon its adoption.

MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 41 of 286 Resolution No. 22–3389 Page 4 of 5
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. 22–3389 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 of XX, 2022 and that it was adopted by the following vote, to–wit:

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

Andrea M. Myrick
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 42 of 286 Resolution No. 22–3389 Page 5 of 5
Exhibit A
CASE NUMBER: 2022–07
Resolution No. 22–3389
NWC Mission Boulevard and Ramona Avenue
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ORDINANCE NO. 23–1003

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

MONTCLAIR APPROVING AN AMENDMENT TO THE OFFICIAL

ZONING MAP OF THE CITY OF MONTCLAIR MODIFYING THE
ZONING DESIGNATION OF 27.74 ACRES OF LAND AT THE

NORTHWEST CORNER OF MISSION BOULEVARD AND RAMONA
AVENUE FROM "C3 – GENERAL COMMERCIAL," “MIP –
MANUFACTURING INDUSTRIAL,” AND “M1– LIMITED
MANUFACTURING” TO “M1–LIMITED MANUFACTURING” (NORTH
SIDE OF THIRD STREET EXTENSION) AND “MIP – MANUFACTURING INDUSTRIAL” (SOUTH SIDE OF THIRD STREET EXTENSION)
[PLANNING CASE NO. 2021–7] CONTINGENT UPON THE CITY

COUNCIL CERTIFYING THE EIR FOR THE MISSION AND RAMONA

BUSINESS PARK PROJECT
WHEREAS, on February 8, 2021, Mission Blvd Industrial Owner LP, the property owner, filed an application requesting approval for a General Plan Amendment, Zone Change, Tentative Tract Map, and a Precise Plan of Design (PPD), under Case No. 2021– 07 to construct an eight–building industrial park development on the subject site; and WHEREAS, the proposed project is identified as the Mission and Ramona Business Park (“Project”); and
WHEREAS, the Project proposes the demolition of all existing on–site structures and the construction of an eight–building business park on a 27.74–acre site located at the northwest corner of Mission Boulevard and Ramona Avenue in the City of Montclair; and
WHEREAS, the Project would require a General Plan Amendment, Zone Change, Tract Map, Precise Plan of Design, and other ministerial permits, such as an encroachment permit, grading permit, general construction permit, and street/lane closure permit; and
WHEREAS, the proposed zone change applies to nine parcels of varying sizes totaling approximately 27.74 acres in size (“project site”) located at the northwest corner of Mission Boulevard and Ramona Avenue and as identified by Assessor Parcel Numbers Assessor Parcel Nos: 1012–151–20; 1012–151–27; 1012–151–28; 1012–151–29; 1012– 161–01; 1012–161–02; 1012–161–03; 1012–161–04; 1012–161–05; and WHEREAS, the proposed Tentative Tract Map No. 20381 consolidates the nine existing parcels and reorganizes the Project site into two major land areas (identified as “north” and “south”) created by the eastward extension of Third Street to Ramona Avenue; and
WHEREAS, the “north” and “south” land areas of the total site created by the extension of Third Street will be areas upon which the proposed zone change will apply, as further illustrated in attached Exhibit “A,” a site diagram incorporated herein by reference; and
WHEREAS, the Project site is currently developed as a four–screen drive–in movie theater, a paved parking surface, a projection building/snack bar, an office, a warehouse, and ticket booths; and
WHEREAS, the Project site is currently designated by the General Plan as "General Commercial;” and
WHEREAS, currently the subject site is assigned by Montclair Zoning Map with three zoning districts – "C3 General Commercial," “MIP Manufacturing Industrial,” and “M1 Limited Manufacturing”(Current); and
WHEREAS, the proposed zone change from "C3 General Commercial," “MIP Manufacturing Industrial,” and “M1 Limited Manufacturing”(Current) to “M1 Limited Manufacturing” (north side of Third Street) and “MIP Manufacturing Industrial” (south side of Third Street) is required to be consistent with the General Plan Amendment associated with the Project; and
WHEREAS, the City of Montclair, as the lead agency for the proposed Project, prepared an Environmental Impact Report (“EIR”) that analyzed the Project’s MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 44 of 286 FIRST

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Ordinance No. 23–1003 Page 2 of 4
environmental impacts in compliance with the provisions of the California Environmental Quality Act (Pub. Resources Code §§ 21000 et seq.: “CEQA”), including the proposed zoning changes; and
WHEREAS, the Planning Commission conducted a duly–noticed public hearing on November 28, 2022, to consider the Project, the EIR prepared to analyze the Project’s environmental impacts, and amendments to the Official Zoning Map, where members of the public were allowed to comment on the recommendation to the City Council regarding the proposed General Plan Amendment, Zone Change, Tentative Tract Map, Precise Plan of Design, and the EIR.

WHEREAS, on November 28, 2022, the Planning Commission, by a vote of 5–0, recommended the City Council certify the EIR, adopt findings of fact, a statement of overriding considerations, and a mitigation measure monitoring and reporting program, and approve the proposed amendments pursuant to Planning Commission Resolution No. 22–1971; and
WHEREAS, on December 19, 2022, commencing at 7:00 p.m. in the Council Chambers at Montclair City Hall, the City Council conducted a public hearing at which time all persons wishing to testify in connection with the Zone Change and EIR were heard, and the proposed amendments to the Official Zoning Map and EIR were fully studied; and
WHEREAS, the City Council has certified the EIR for the Project pursuant to CEQA and adopted Findings of Fact, a Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program for the Project. The City Council hereby incorporates by reference, as if fully set forth herein, Resolution No. 22–3388 certifying the EIR and adopting the Findings of Fact, Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program for the Project; and
WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTCLAIR DOES ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The City Council hereby specifically finds that all of the facts set forth in the Recitals of this Ordinance are true and correct.

SECTION 2. Approval of Amendment to the Official Zoning Map. The City Council hereby approves the Amendment to the Official Zoning Map of the City of Montclair associated with Case No. 2021–07, modifying the zoning designation of approximately

27.74 acres at the northwest corner of Mission Boulevard and Ramona Avenue from "C3 General Commercial," “MIP Manufacturing Industrial,” and “M1 Limited Manufacturing”(Current) to “M1 Limited Manufacturing” (north side of Third Street) and “MIP Manufacturing Industrial” (south side of Third Street) thereby allowing the said area to be rezoned for purposes of developing the Mission and Ramona Business Park project.

SECTION 3. Zone Change Findings. Based on the entire record before the City Council and all written and oral evidence presented, the City Council finds the Zone Change promotes the goals and objectives of the General Plan for the following reasons:

A. The Zone Change of the Project site area to “M1 Limited Manufacturing” (north side of Third Street) and “MIP Manufacturing Industrial” (south side of Third Street) would officially change the current Montclair Zoning Map and related documents from the current “C3 General Commercial,” “MIP Manufacturing Industrial,” and “M1 Limited Manufacturing” designations assigned to the project site by the Montclair Zoning Map. The new zoning designations would then accommodate the proposed development of the project site. Further, the zone change to “M1 Limited Manufacturing” (north side of Third Street) and “MIP Manufacturing Industrial” (south side of Third Street) would be consistent with the proposed General Plan Amendment to re–designate the project site from “General Commercial” (Entire Site) to “M1 Limited Manufacturing” (north side of Third Street) and “Industrial Park” (south side of Third Street).

B. Uses of the project site authorized by the Zone Change promote and achieve the intended goals of the proposed Mission and Ramona Business Park project.

Further, new industrial development under the new land use zones of the site would be consistent with the General Plan Land Use and Community Design Elements MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 45 of 286 FIRST

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policies that encourage projects that effectively balance land use, circulation, transportation, and community design.

C. The Zone Change is reasonably related to the public welfare of the citizens of the City of Montclair and the surrounding region because the change would enable the City to employ good zoning practices that seek to integrate the uses of this very prominent piece of property with surrounding uses and the City’s overall goals for a balanced economic base and orderly development. Without the proposed zone change, the above goals could not be achieved.

SECTION 4. California Environmental Quality Act. Based on the entire record before the City Council and all written and oral evidence presented, the City Council finds the Amendment to the Official Zoning Map of the City of Montclair is an integral component of the Project that was evaluated in the Environmental Impact Report prepared for the Mission and Ramona Business Park project (SCH#2021010005), which was certified by the City Council in Resolution No. 22–3388. All of the environmental impacts associated with the Amendment have been fully disclosed and mitigated, to the extent possible, in the Environmental Impact Report. No further environmental review is necessary.

SECTION 5. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 6. Certification; Publication. The City Clerk shall certify as to the adoption of this Ordinance and shall cause a summary thereof to be published within fifteen (15) days of the adoption and shall post a Certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.

SECTION 7. Custodian of Records. The location and custodian of the documents and any other material, which constitute the record of proceedings upon which the Planning Commission 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.

SECTION 8. Effective Date. This Ordinance shall become effective thirty (30) days following its adoption.

APPROVED AND ADOPTED this XX day of XX, 2022.

Mayor
ATTEST:

City Clerk
I, Andrea M. Myrick, City Clerk of the City of Montclair, DO HEREBY CERTIFY that Ordinance No. 22–1004 was duly adopted by the City Council of said city and was approved by the Mayor of said city at a regular meeting of said City Council held on the XX day of XX 2022 and that it was adopted by the following vote, to–wit:

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

Andrea M. Myrick
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 46 of 286 FIRST

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EXHIBIT A
Ordinance No. 23–1003
MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 47 of 286 Resolution No. 22–3390 Page 1 of 26
RESOLUTION NO. 22–3390

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MONTCLAIR APPROVING TENTATIVE TRACT MAP NO. 20381 AND
PRECISE PLAN OF DESIGN UNDER CASE NO. 2021–07 FOR THE SITE

PLAN, FLOOR PLANS, ELEVATIONS, COLORS, MATERIALS, AND
CONCEPTUAL LANDSCAPE PLAN FOR AN EIGHT–BUILDING
INDUSTRIAL PARK DEVELOPMENT ON 27.74 ACRES OF LAND AT

THE NORTHWEST CORNER OF MISSION BOULEVARD AND

RAMONA AVENUE, CONTINGENT UPON THE CITY COUNCIL

CERTIFYING THE FINAL EIR FOR THE MISSION AND RAMONA

BUSINESS PARK PROJECT
WHEREAS, on February 8, 2021, Mission Blvd Industrial Owner LP, the property owner, filed an application requesting approval for a General Plan Amendment, Zone Change, Tentative Tract Map, and a Precise Plan of Design (PPD), under Case No. 2021– 07 to construct an eight–building industrial park development on the subject site; and WHEREAS, the application for development applies to nine existing parcels of varying sizes totaling approximately 27.74 acres in size (“Project Site”) located at the northwest corner of Mission Boulevard and Ramona Avenue and as identified by Assessor Parcel Numbers Assessor Parcel Nos: 1012–151–20; 1012–151–27; 1012–151–28; 1012– 151–29; 1012–161–01; 1012–161–02; 1012–161–03; 1012–161–04; 1012–161–05; and WHEREAS, the proposed Project is identified as the Mission and Ramona Business Park (“Project”); and
WHEREAS, the proposed Tentative Tract Map No. 20381 consolidates the nine existing parcels and reorganizes the Project Site into two major land areas (identified as “north” and “south”) created by the eastward extension of Third Street to Ramona Avenue as further illustrated in attached Exhibit “A,” a site diagram incorporated herein by reference; and
WHEREAS, the Project Site is currently developed as a drive–in movie theater with four screens and paved parking surfaces, a projection building/snack bar, office, warehouse, and ticket booths; and
WHEREAS, the Project proposes to involve the demolition of all existing on–site structures; and
WHEREAS, the Project involves the construction of eight buildings that provide approximately 513,295 square feet of new flexible space for light manufacturing and distribution uses, as well as associated site improvements (e.g., buildings with loading docks, trailer stalls, on–site parking spaces, and landscape improvements), as summarized in Exhibit “B” and incorporated herein by reference; and WHEREAS, the Project requires the approval of a General Plan Amendment, Zone Change, Tentative Tract Map, Precise Plan of Design, and other ministerial permits, such as an encroachment permit, grading permit, general construction permit, and street/lane closure permit; and
WHEREAS, the General Plan Land Use Map Amendment to “Business Park,” if approved by the City Council, would be consistent with the Manufacturing Industrial Park (MIP) zoning designation for the site and allow for the development of the proposed Project; and
WHEREAS, the Tentative Tract Map and Precise Plan of Design approval for the project is contingent upon the City Council’s approval of a proposed General Plan Amendment, and Zone Change; and
WHEREAS, staff finds the project to be in compliance with the guidelines and applicable development standards of the M1 and MIP zones; and WHEREAS, the City of Montclair, as the lead agency for the proposed Project, prepared an Environmental Impact Report (“EIR”) that analyzed the Project’s environmental impacts in compliance with the provisions of the California Environmental Quality Act (Pub. Resources Code §§ 21000 et seq.: “CEQA”), including the proposed zoning changes; and
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WHEREAS, on November 28, 2022, commencing at 7:00 p.m. in the Council Chambers at Montclair City Hall, the Planning Commission conducted a duly noticed public hearing, at which time all persons wishing to testify in connection with the said proposal were heard and said application was fully studied; and WHEREAS, on November 28, 2022, the Planning Commission, by a vote of 5–0, approved Planning Commission Resolution No. 22–1974 recommending City Council approval of Tentative Map No. 20381 and the Precise Plan of Design Plan under Case No. 2021–07, contingent upon the City Council’s certification of the Final EIR for the Mission and Ramona Business Park project; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTCLAIR RESOLVES AS FOLLOWS:

SECTION 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct.

SECTION 2. Based upon the entire record before the City Council during the above–referenced hearing on December 19, 2022, including written and oral staff reports together with public testimony, the City Council hereby finds as follows concerning the recommendation of approval of Tentative Tract Map No. 20318, subject to the conditions of approval contained in this resolution:

A. The proposed subdivision of the 27.74–acre site is designed, to the extent feasible, to provide for passive or natural heating or cooling opportunities. The lot pattern and proposed arrangement of buildings on the site are generally oriented, spaced, and designed to allow for access to adequate light and air. Each building will be designed to comply with building code requirements for energy efficiency and the project will provide tree–lined streets 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 applicable zoning designations:

1. The Tentative Tract Map would provide for land uses compatible with the land use classification for the subject site by the General Plan and associated zoning districts as amended. 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. The proposed development of the 27.74–acre site and project design and improvements would be consistent with the proposed General Plan land use designations for the site.

2. The Tentative Tract Map provides for land uses compatible with the “M1 Limited Manufacturing” (north side of Third Street) and “MIP Manufacturing Industrial” (south side of Third Street) zoning districts in which they are located. Moreover, the design for the site and buildings are of high quality and consistent with the high expectations of improvements for projects within the City.

3. The subject site is physically suitable for the type and density of development proposed in the Tentative Tract Map given the overall size of the property. The site is 27.74 acres in overall area and is of a configuration that has sufficient width and depth to allow for the proposed creation of lots and subsequent orderly site development. The project site is also located adjacent to fully–improved streets that will provide good access and allow for appropriate internal pedestrian and vehicular circulation. The proposed public streets within the project boundaries will be fully improved and serve to link the project to adjacent fully improved streets.

C. The subdivision design and improvements proposed in the Tentative Tract Map are not likely to cause substantial environmental damage nor substantially injure fish, wildlife, or their habitat. As explained in the Mission and Ramona Business Park Environmental Impact Report (SCH #2021010005) (“EIR”), the site is surrounded by urban development and streets, does not contain any bodies of MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 49 of 286 Resolution No. 22–3390 Page 3 of 26
water, and is not linked to any wildlife corridors. Further, the EIR explains that the site does not contain any known habitats of significance including rare or endangered species of plant, animal, or insect life.

D. The subdivision design and type of improvements proposed in the Tentative Tract Map are not likely to cause serious public health problems because all development and public improvements will be performed per the requirements of all applicable standards and codes including the zoning and building codes, and Mitigation Measures identified in the EIR.

E. The subdivision design and type of improvements proposed in the Tentative Tract Map will not conflict with any easements acquired by the public at large for access through or use of the subject site because no such easements exist on the subject site. However, the map provides for new public easements specifically intended to allow for public access at key points in the new plan and to facilitate pedestrian public access to and from the site.

F. The discharge of waste into the existing sanitary sewer system from the development proposed in the Tentative Tract 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 according to California Plumbing Code and Municipal Code requirements. Sewer mains exist in the Mission Boulevard, Ramona Avenue, and State Street rights–of–way and are near the site to facilitate ease of connection.

SECTION 3. Based upon the entire record before the City Council during the above–referenced hearing on December 19, 2022, including written and oral staff reports together with public testimony, the City Council hereby finds as follows concerning the recommendation of approval of Precise Plan of Design under 2021–07, subject to the conditions of approval contained in this resolution:

A. The proposed development of the project site with new industrial–type buildings and site improvements are consistent with their new land use designations of “M1 Limited Manufacturing” (north side of Third Street) and “MIP Manufacturing Industrial” (south side of Third Street) per the amended land use maps of the City’s General Plan and Official Zoning Map. The development of Lots 1 through 6 of Tentative Tract Map No. 20831 fronting Mission Boulevard and Ramona Avenue will contribute to the mix of existing commercial uses and new industrial development found on the north side of Mission Boulevard and the development of Lots 7 and 8 of TTM 20381 will continue the ongoing improvement of the State Street properties with appropriate development related to the area near the south side of the Union Pacific Railroad right–of–way. Further, future users of the site will be subject to zoning verification and would be restricted to indoor activities only.

B. The proposed project would result in a significant improvement to the appearance of the area by allowing the development of well–designed and scaled buildings in a manner that makes efficient use of the site, contribute to the improvement of property values in the area, is compatible with adjacent land uses, and complies with the intent and applicable development standards of the M1 Limited Manufacturing” (north side of Third Street) and “MIP Manufacturing Industrial” (south side of Third Street) zoning districts.

C. The site plan, building form, massing, and height of the proposed buildings on the project site and their respective architectural design as indicated in the submitted plans are attractive and up–to–date and will contribute to the ongoing improvement of the Mission Boulevard corridor. The design features high–quality exterior materials and finishes and incorporates appropriate lighting and landscape materials to give the project a distinct and attractive street appearance.

SECTION 4. Based upon the entire record before the City Council during the above–referenced hearing on December 19, 2022, including written and oral staff reports together with public testimony, the City Council hereby finds the proposal to be consistent with the overall objectives of the City of Montclair General Plan, Montclair Municipal Code, and good planning principles, and approves the application subject to each condition set forth below, and contingent upon the City Council certification of the Final EIR for the Mission and Ramona Business Park project:

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Planning

1. The approval for Mission and Ramona Business Park includes the following elements:

a. Tentative Tract Map No. 20381, subdividing a 27.74–acre site into two major areas (north and south) created by the eastward extension of Third Street to Ramona Avenue, and eight numbered lots to develop an industrial park with associated public improvements.

b. A Precise Plan of Design (PPD) approving the site plan, floor plans, elevations, colors and materials, conceptual landscape plan, and site improvements for an eight–building industrial park development totaling approximately 513,295 square feet of space as described in the staff report and depicted on approved plans.

2. The above entitlements are contingent upon City Council approval of a General Plan Amendment, Zone Change, and Final Tract Map under Case No. 2021–07.

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

4. The approved project shall be completed in accordance with all of the conditions of approval listed below and in substantial compliance with the plans approved by the Planning Commission and on file with the Planning Division. Any changes or modifications made to the approved plans shall be approved by the Director of Community Development, or the Planning Commission, depending on the scope of the changes. The Director shall have the discretion to determine the nature of the proposed changes and authority to approve minor modifications to conditions of approval if required to comply with applicable Building Codes and/or which do not result in detrimental impacts to the approved project.

5. If exhibits and written conditions are inconsistent, the written conditions shall prevail.

6. The applicant and the property owner shall sign an Affidavit of Acceptance form and submit the document to the Planning Division within 30 days of receipt of the Planning Commission Resolution.

7. 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 $3,589.25 payable to "Clerk of the Board of Supervisors," to cover the California Department of Fish and Wildlife (CDFW) fee for filing an Environmental Impact Report (EIR) as required by the California Environmental Quality Act (CEQA).
b. A check in the amount of $596.97, the actual cost of publication for the Notice of Availability, payable to the “City of Montclair,” to cover the cost of publication in a newspaper of general circulation (Inland Valley Daily Bulletin) as required by state law.
c. A check in the amount of $639.78, the actual cost of publication of the Public Hearing Notice, payable to the “City of Montclair,” to cover the cost of publication in a newspaper of general circulation (Inland Valley Daily Bulletin) as required by state law.

8. 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 this PPD shall not waive compliance with any such requirements.

9. Applicant/Owner shall comply with all Mitigation Measures listed in the Mitigation Monitoring and Reporting Program (Exhibit C) contained in the Environmental Impact Report prepared for the Mission and Ramona Business Park project (SCH#2021010005); including but not limited to mitigation measures regarding Tribal Cultural Resources and Noise (construction and post–construction).

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10. 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 the City Council approves the application for the Tentative Tract Map referenced in Condition No.

2. 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.

11. Precise Plan of Design (PPD) approval shall be valid for one year and shall automatically expire on the anniversary date of City approval unless the applicant is diligently pursuing building division approval of building permits for the project. The applicant/owner shall be responsible to apply for a time extension at least 30 days before 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 a transfer of ownership of the property involved in this application, the new owner shall be fully informed of the permitted use and development of the 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. Before the issuance of a grading permit for the project, the applicant shall work with the Directors of Community Development and Public Works to complete the following items for the project:
a. Sign program;
b. Final wall and fence plans for the site;
c. Final refinement of the landscape plan;
d. Enhance landscaping along the Mission Boulevard and Ramona Avenue frontages with special emphasis on the setback areas at the intersection of both streets and the intersection of Ramona Avenue and the Third Street extension;
e. Add and/or extend decorative pavement treatment to driveway entries for the project;
f. Consider introducing a public art component to the sign program for the project; and
g. Consider more architectural detail to the buildings by means of color, texture, panel height variation, etc.

15. The owner must consent, in writing, to create an Owners Association and set of Conditions, Covenants, and Restrictions (CC&Rs) against the entire property providing for the perpetual maintenance of all buildings and site improvements.

The Owners Association and CC&Rs shall be effective during the lifetime of the Project. Property shall thereafter be maintained per the property maintenance standards contained in the Montclair Municipal Code.
a. Costs for the review of the CC&Rs shall be reimbursed to the City by the applicant.
b. The CC&Rs shall provide, at a minimum, the following requirements:
i. Exhibits showing private and common areas within the development. ii. A certified professional management company with demonstrated experience in leasing, operating, and maintaining a
commercial/industrial development.

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iii. Specific provisions to ensure the maintenance of all on–site property (building and site) improvements, including common areas, trash enclosures, gates, fences, walls, exterior light fixtures, vehicular access ways, sewers, storm drains, and stormwater treatment devices associated with the Water Quality Management Plans, exterior light fixtures, fire prevention water systems, and/or landscaping and irrigation systems, security cameras, etc. Such maintenance shall include, without limitation, the following:
 Keeping the exterior surfaces of buildings painted, plastered, or otherwise appropriately treated to be in sound condition; and

 Replacing broken or severely etched windows and other glass surfaces promptly; and

 Keeping the Project free from accumulation of debris, graffiti, waste materials (including pet waste); and

 Keeping trees, ground cover, shrubs, and other plant materials trimmed in healthy condition, and replacing missing or dead plant materials; and

 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

 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
 Prohibiting vehicle repairs, car washing, or storage within parking areas of the Project; and

 Keeping refuse collection facilities in a sanitary, orderly, and functional condition at all times. Sanitary shall mean free of scattered trash and debris, spills or splatter on floors and/or walls, free of odors to the highest degree possible, and free of insects and rodents.
 Security and security monitoring measures (e.g., security cameras, etc.) for the development, including measures to address unauthorized parking and the occupancy of the premises by transients/homeless individuals or encampments.

iv. Formation of a fund account in the name of the Owners Association to be used to repair, maintain and/or replace common areas or common equipment. In the event maintenance responsibilities of the Association are not fulfilled, the city shall have the power to compel such maintenance, but not the obligation to correct any deficiencies.

Any costs incurred by the city shall be billed to and paid by the Association. The city may also seek recovery by any means allowed by law, including but not limited to placing a lien on the property. v. No individual owner may avoid liability for his or her prorated share of the expenses for the common area by renouncing his or her rights in the common area.
vi. Provisions to govern the use of designated parking spaces for each property.
vii. The prohibition of outdoor storage of such items as raw materials, finished products, waste, chemical containers, cargo/shipping containers, inoperable vehicles, heavy construction equipment, MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 53 of 286 Resolution No. 22–3390 Page 7 of 26
structures, or any item unrelated to the operation of an approved business on the site.
viii. Prohibition of cold storage warehousing within the project boundaries.
ix. Amendment or modification to the CC&Rs shall require the advance review and approval of the city.

16. Closure of the Mission Tiki Drive–in to accommodate the Mission & Ramona Business Park (hereinafter, “Business Park”) diminishes the City’s sales tax revenue base and available forms of leisure entertainment (the loss of four outdoor movie theater screens) and shopping experiences (weekly swap meets) in Montclair. To redress these losses, the applicant, as the owner of the property proposed for the Business Park (the “Owner”, and, together with the City of Montclair [“City”], the “Parties”) mutually agree to establish a Community Benefit Fee, as follows:
a. Community Benefit Fee. Owner agrees to the City the following annual fee:
i. Upon issuance of the first Certificate of Occupancy in the Mission & Ramona Business Park Project, and upon each anniversary thereof (hereafter, the “Anniversary Date”) continuing until the 30th anniversary of the initial Anniversary Date, Owner shall remit to City a Community Benefit Fee equal to one and one quarter cents ($.0125) per month for every square foot of the building area that is leased and occupied (in whole or in part) during such year, including subleased space. If a building is leased and occupied for a partial month, the Community Benefit Fee shall be prorated for the number of days leased and occupied in such calendar month as compared to the total number of days in such month. Furthermore, for avoidance of doubt, if all buildings are fully leased and occupied for each year preceding the Anniversary Date, the resulting annual Community Benefit Fee payment by Owner to City shall be Fifteen Cents ($0.15) per square foot or Seventy–Six Thousand Nine Hundred Ninety–Four Dollars and Twenty–Five Cents ($76,994.25). The payments required under the preceding portion of this paragraph shall be subject to an inflation factor of two percent (2%) per annum commencing as of the tenth anniversary of the first Anniversary Date.
ii. The Community Benefit Fee shall be remitted by Owner to City and shall be used for community benefit purposes determined from time to time by the City including, but not limited to, City–operated youth sports programs, Montclair to College Program, and other programs designated from time to time by City.
iii. Failure by Owner to make fee payments as provided in this condition shall be subject to a penalty equal to twenty–five percent of the amount of the fee (in addition to the amount of the fee), plus interest on the unpaid fee and interest on the unpaid penalties calculated from the due date of the fee at a rate of ten percent (10%) simple interest per annum.
b. Miscellaneous Requirements.
i. The term of this Condition shall commence on the date of approval of conditions for the Mission & Ramona Business Park by the Montclair City Council, and shall continue in full force and effect unless as otherwise terminated or modified by mutual agreement of the Parties, in writing, with each party acting at its discretion. ii. It is the Parties’ intent that disputes arising under the terms of this Condition be resolved as expeditiously as possible, by mutual negotiation. If any dispute arises, the person designated by Owner shall, as soon as is practical, enter into good faith negotiations with the representative designated by City to resolve such dispute. If these senior representatives are unable to achieve a mutual understanding with respect to the dispute within fifteen (15) business days following their initial meeting, then the dispute shall MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 54 of 286 Resolution No. 22–3390 Page 8 of 26
be resolved in accordance with an arbitration process mutually agreed to by the Parties; such arbitration process shall include provisions for discovery by each Party. If no arbitration process is agreed to by the Parties, either Party may seek to enforce the provisions of this agreement in a court of competent jurisdiction. iii. In addition to any other rights or remedies, either party to this Condition may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Condition, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Condition. Notwithstanding any contrary provision herein, Owner shall file a statutory claim pursuant to Government Code sections 905 et seq. and 910 et seq., and as amended, as a condition precedent to pursuing any legal action under this Condition.
iv. Neither party to this Condition shall have any responsibility whatsoever with respect to the services provided or contractual obligations or liabilities assumed by the other party. Owner is an independent contractor and nothing in this Condition shall be deemed to constitute either party, a partner, agent or legal representative of the other party to create any fiduciary relationship between the Parties.
v. This Condition shall be binding on the Owner’s successors and assigns and shall run with the land. The Parties may enter into an agreement in a recordable form that further evidences the provisions set forth in this Condition; however, this Condition shall be enforceable whether or not an agreement is entered into or whether or not such agreement is recorded among the official land records of the County of San Bernardino.
vi. Any notices required to be given hereunder shall be deemed delivered when deposited in the U.S. mail, certified and return receipt requested, addressed to the following persons or such other persons that the Parties shall designate in writing:

If to Montclair: City Manager Edward C. Starr
5111 Benito Street
PO Box 2308
Montclair, California 91763–2308
Phone: (909) 625–9405
Email: [email protected]
If to Owner: Stephen L. Nelsen
Mission Boulevard Industrial Owner, L.P.
c/o Oakmont Industrial Group
3520 Piedmont Rd, #100
Atlanta, GA 30305
Phone: (404) 869–9990
Email: [email protected]

17. No outdoor payphones, loudspeakers, or vending machines shall be installed or placed on the exterior of the property. Vending machines may be allowed within buildings or in private outdoor areas when machines are located out of view from the street and are placed in a secure alcove space that is architecturally integrated into the design of the building, subject to the satisfaction of the Director of Community Development.

18. All future business(es) occupying each building within the Mission and Ramona Business Park shall obtain and maintain valid business licenses and comply with applicable City regulations at all times. As part of the routine review process for each new business license application, the property and subject lease spaces will be inspected to ensure compliance with all applicable codes, including the provision of adequate on–site parking.

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19. All automobile parking spaces shall be delineated with double–line (e.g. "hairpin") striping per City Standard No. SP–2A.

20. All land uses and operations other than loading or unloading activities shall be conducted wholly within enclosed buildings. No processing or activities other than storage as allowed below shall be permitted outside of the building(s), including required setback areas, parking and circulation areas, or other landscaped areas.

21. Permanent outdoor storage of raw materials, parts, finished products, solid waste items, pallets, machines, cargo/shipping containers, shelving, or the storing of any vehicles, structures, or equipment unrelated to the operation of a permitted business operation shall not be allowed on any parcel within the Mission and Ramona Business Park project boundaries.

22. Trucks and/or trailers (with wheels) parking shall be limited only to the spaces located on each property and intended by design for such purposes. A cargo/shipping container (or similar structures) placed and resting directly on the ground is not considered to be a trailer.

23. No hazardous or toxic materials shall not be stored, even temporarily, outdoors or within trash enclosures.

24. No temporary or permanent living quarters shall be established on the premises within any building or motorhome/recreational vehicle.

25. Future business operations at the site shall be subject to the applicable noise requirements of Chapter 6.12 of the Montclair Municipal Code.

26. The placement and design of all walls or fences on the site shall be consistent with the submitted conceptual plans and shall be complementary to the overall appearance and colors of the new buildings. Fences and walls shall meet the following requirements subject to the approval of the Director of Community Development (Director) or designee:
a. All metal fencing shall have a durable finish (e.g. powder coat) in a color that complements the color(s) of the buildings.
b. The maximum height of the fence or wall on the project site boundaries shall not exceed eight feet (8’–0”) as adjusted for existing grade conditions. c. The applicant shall coordinate with adjoining property owners when developing a fence/wall plan to avoid double fence conditions to the west boundary of the project to the greatest extent possible. d. Barbed or concertina wire shall be strictly prohibited. e. All proposed block walls shall incorporate a finished cap piece (except concrete tilt–up walls). Unfinished gray–colored masonry block is prohibited.
f. Any gates on the premises shall be made accessible to emergency personnel (Police/Fire/Building and Safety) during times when they are closed. Contact Brett Petroff, Deputy Fire Marshal,
[email protected] for further information on requirements.

27. All 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 lighting fixtures shall be vandal–resistant and of a design that complements the architecture of the building.
c. All parking lot and other freestanding light fixtures shall incorporate 90– degree cut–off style luminaires and flat lenses to direct illumination down to the surface to be illuminated and away from public rights–of–way surrounding the subject site.

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d. Freestanding light fixtures and poles shall not exceed a maximum height of 25'–0" (inclusive of base pedestals) as measured from adjacent grades to the top edge of luminaires.
e. Above–grade concrete support pedestals for all proposed freestanding light poles throughout the project site shall be smooth–finished or clad in a color–coordinated stucco finish to complement the main building. f. Wall–mounted fixtures shall be shielded. The use of unshielded wall packs, barn lighters, other similar unshielded luminaires, and/or decorative lighting installed solely to illuminate the roof shall not be permitted. g. "Wall–washers" or decorative landscape lighting shall be subject to review and approval by the Director.

28. All trash enclosure(s) shall have a solid roof cover and be designed to complement the overall architecture of the main building. Contact Gary Knootz at [email protected] Burrtec Waste Industries to determine the number of required bins to support the most likely end–user(s) of the building and request a will–serve letter. Will serve letter must be printed directly on the construction plan sets submitted for plan check.

29. Before issuance of a Certificate of Occupancy of each building within the project boundary, the applicant shall install approved landscaping materials immediately around the subject building including any adjacent public street frontages, subject to the satisfaction of the Director or designee. The following standards shall apply:
a. All shrubs shall be a minimum five–gallon container size (except herbaceous perennials and woody spreading shrubs on slopes). b. All trees (except required street trees) shall be a minimum 24–inch box size or larger as specified, and double–staked.
c. A minimum of 3 inches of dark brown bark mulch (shredded or chips) or gravel materials shall be provided on all planted areas, per approved plans. d. All landscape planting areas shall have 100 percent irrigation coverage by an automatic irrigation system.
e. Within the public right–of–way, any tree plantings shall be setback a minimum of five feet behind (back of) the adjacent public sidewalk to prevent future tree root damage to the greatest extent possible.

30. Before the issuance of a Certificate of Occupancy for each building, the Landscape Architect of record shall submit a Letter of Completion to both the Planning Division and Engineering Divisions confirming plant materials and the irrigation system have been installed per the approved plan and in compliance with the State Water Conservation Requirements.

31. All landscaping and irrigation systems shall be continuously maintained per the approved site and/or landscape plan to ensure water use efficiency.

32. Any plant material that does not survive, or is removed, or destroyed shall be replaced upon its demise or removal with plant material of a like type and size as that originally approved and installed.

33. Plant material shall not be severely pruned such that it stunts or deforms its natural growth pattern or characteristic feature(s). 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, that results in the removal of the normal canopy and/or disfigurement of the tree shall be replaced with a tree of similar size and maturity as that which was removed or, as required by the Director.

34. No exterior surface–mounted exposed ducts, conduits, or electrical lines shall be allowed on walls, awnings, or other exterior faces of the building. In addition, all MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 57 of 286 Resolution No. 22–3390 Page 11 of 26
electrical switchgear, meters, etc., shall be screened or housed in an enclosure to the extent allowed by the utilities.

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

36. Mailboxes for the project shall comply with locational requirements outlined in Section 11.60.070.D of the Montclair Municipal Code with respect to a weather– protected location subject to City review and approval before installation. The applicant shall also ascertain any requirements for such mailboxes from the United States Postal Service (USPS). The City acknowledges that the proposed location for the building's mailboxes shall also be to the satisfaction of the USPS.

37. All trash enclosure(s) shall have a solid roof cover and be designed to complement the overall architecture of the main building. Contact Burrtec Waste Industries to determine the number of required bins to support the most likely end user(s) of each building.

38. Before the installation of any sign, a licensed sign contractor or property owner shall submit a Sign Permit Application in compliance with the adopted master sign program and set of scaled plans to the Planning Division for review and approval.

The set of plans shall be drawn to scale, and include all proposed building– mounted signs, directional signs, wall–mounted, or freestanding monument signs. All permanent signs shall be installed by a licensed and insured sign contractor only. Building permits for the installation of all signs shall be required.

39. Temporary promotional signs shall comply with Chapter 11.72 of the Montclair Municipal Code, including, but not limited to the following:
a. Temporary banners to announce the grand opening or advertising promotions shall require a banner permit from the Planning Division before installation.
b. Promotional window signs shall not occupy more than 25 percent of the aggregate window area.
c. At no time shall pennants, inflatable signs, "human" signs, or other similar advertising devices be utilized on the property or off–site.

40. No exterior surface–mounted exposed ducts, conduit, or electrical lines shall be allowed on walls, awnings, or other exterior faces of the building. In addition, all electrical switchgear, meters, etc., shall be screened or housed in an enclosure to the extent allowed by the utilities.

41. All roof–mounted mechanical equipment (e.g., air conditioning, heating ventilation ducts, exhaust vents, meters, pumps, filters, transformers and generators, conduit, satellite dishes, and similar equipment (excluding solar collectors), shall project above the roof parapet and be screened from direct view from the adjacent public right(s)–of–way in any direction (360 degrees) and adjacent properties, subject to the approval of the Community Development Director. Screening of the top of roof–mounted mechanical equipment may be required by the Director, if necessary, to protect views from a higher–grade elevation. Screening of roof–mounted equipment shall be accomplished using a raised parapet(s) or solid screen walls of sufficient height to completely block the visibility of equipment as installed. Such screens shall be designed to be compatible with the architectural design of the building. Wooden lattice, painted metal panels, fence–like screens/covers, or similar are not appropriate screening materials and shall not be allowed.

42. All ground–mounted mechanical equipment, including, but not limited to, utility meters, air conditioners, condenser units, and repair equipment shall be located within the building or on the exterior of the building only when necessary and screened in a manner that is compatible with the architectural design of the building subject to the satisfaction of the Director Community Development.

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43. Freestanding electrical transformers and double–check detector assembly (DCDA) equipment shall be painted and screened with a powder–coated green backflow armor and backflow enclosure to prevent vandalism.

44. To ensure compliance with the conditions of the approval, a final inspection is required from the Planning Division upon completion of construction and all improvements. The applicant shall contact the City to schedule an appointment for such inspections.

45. The applicant shall indemnify, protect, defend, and hold harmless, the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, from any and all claims, demands, law suits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative, or adjudicatory in nature), and alternative dispute resolutions procedures (including, but not limited to arbitrations, mediations, and other such procedures), (collectively "Actions"), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void or annul, the any action of, or permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities, thereof (including actions approved by the voters of City), for or concerning the project, whether such actions, are brought under the California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure Section 1085 or 1094.5, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that applicant shall reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. The city shall promptly notify the applicant of any action brought and City shall cooperate with the applicant in the defense of the Action.

Building

46. 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 the submitted plans.

47. Submit four complete sets of plans including the following:
a. Site/Plot Plan
b. Floor Plan(s)
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. Mechanical plans including CA Energy Code compliance documentation g. Provide an existing plan of the building including all walls to be demolished
h. Waste recycling plan, recycling 65% of all construction debris.

48. Submit two sets of:
a. Structural calculations
b. Energy conservation calculations
c. Soils reports.

49. All plans shall be wet signed and wet stamped by the responsible licensed design professional at the time plans are submitted for plan review.

50. Plans shall be submitted for plan check and approved before construction. All plans shall be marked with the project file number.

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

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52. Separate permits are required for fencing and/or walls. Submit details of construction on the plans. Double–wall conditions which have been created by adjacent property line walls will not be allowed.

53. Construct trash enclosure(s) per City Standards (available at the Building Division's public counter) or a site–specific trash enclosure design acceptable to the Planning Division.

54. Construction activity shall only be permitted from the hours of 7:00 a.m. to 8:00 p.m. daily.

55. Before the issuance of building permits for a new commercial or industrial development project or major addition, the applicant shall pay development fees at the established rate. Such fees may include but are not limited to Transportation Development Fees, Permit and Plan Check Fees, and School Fees. The applicant shall be responsible for paying all required school fees directly to the Ontario–Montclair School District and the Chaffey Joint Union High School District and submitting proof of payment to the City before permit issuance.

56. All utility services to the project shall be installed underground.

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

58. 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. Paint and stucco in all cases shall not be below standard for the use applied.

59. Provide and clearly show 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%).

60. 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:
a. The numerical address of the building shall be displayed in a maximum of two locations on the south–facing elevation as follows:
b. Numerals shall be in a font acceptable to the Planning Division, minimum of 10 inches in height, minimum of 1½ inches in–depth, and in a color that adequately contrasts with the background to which they are attached. c. 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.

61. Install approved emergency lighting to provide adequate illumination automatically in the event of an interruption of electrical service.

62. Exposed raceways shall be prohibited on all building–mounted and freestanding signs. An architectural sign backing/raceway may be allowed on the commercial building subject to review and approval by the Director of Community Development.

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 10 feet in height.

64. If the building is divided, each unit shall have individual and independent one– hour separation walls enveloping each assigned airspace or unit and independent utility meters, sewer and water connections, and fire protection systems, subject MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 60 of 286 Resolution No. 22–3390 Page 14 of 26
to the review and approval of the Public Works, Community Development, and Fire Departments.

65. Building permits will not be issued until the Final Map is signed and recorded with the County of San Bernardino.

66. Security gates that encompass a building shall be equipped with Medeco locks or other approved and acceptable devices to allow access by emergency personnel and utility providers at all times.

67. All mechanical devices and their parts, such as air conditioners, evaporative coolers, exhaust fans, vents, transformers, or similar equipment, whether located on the ground or 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.

68. 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.

69. Fire sprinkler risers and roof access ladders shall be located entirely within the enclosed buildings. Double–detector check facility shall be adequately screened by landscaping or an architectural screen wall.

70. 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.

71. No soil shall be imported or exported to or from the project site from an adjacent building site or 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 NPDES requirements.

72. Underground Service Alert shall be notified 48 hours before any excavation at (800) 422–4133.

73. 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.

74. Prior to issuance of a Certificate of Occupancy, the person or corporation responsible for the preparation of the Water Quality Management Plan shall certify, in writing, to the Building Official that all conditions and requirements of the Water Quality Management Plan have been implemented or complied with.

For projects, developments, or properties intended to be leased or sold, the developer shall also submit evidence to the Building Official that the lessee or purchaser has been advised in writing of the lessee’s or purchaser’s ongoing maintenance responsibilities for the requirements of the Water Quality Management Plan.

75. Prior to the issuance of the Certificate of Occupancy, a Final Grade Certificate shall be provided to the Building Official issued from the Registered Civil Engineer of Record that all on–site improvements have been constructed per all City Standards, Specifications, Conditions of Approval, and approved plans.

76. Before a Certificate of Occupancy is requested from the Building Official, a complete, stamped and signed Commissioning Report shall be submitted to the Building Official for review and acceptance for all buildings which require Commissioning Reports per the California Green Standards.

77. A Certificate of Occupancy is required before the occupancy of any building.

Issuance of the Certificate of Occupancy shall be contingent upon the Fire Department inspection and the final approvals from all other departments and/or agencies.

78. Prior to the issuance of a Certificate of Occupancy, the applicant shall:

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a. Complete all on– and off–site improvements.
b. Install all disabled parking stalls and parking lot signage.

79. Before any temporary construction and/or storage trailers trailer is set on the site, Planning Division and Building Division approval is required including the issuance of building permits. 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 be handicapped accessible. The trailer will require access to the facility by way of ramps that comply with the California Building Code (CBC) 2016 edition, Chapter 11B, in addition to access to each feature of the trailer.

Water Quality Management Plan

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

82. The owner understands no permits are issued before 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 permits and fees.

85. Prior to issuance of a rough grading and/or precise grading permit, the applicant must:
a. Submit to the Engineering Division an electronic copy of the approved WQMP in PDF format.
b. Obtain a State Construction General Permit and proof must be shown (WDID Number) on both rough grading plan and precise grading plan. c. Qualified SWPPP Developer and Practioner 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, and elevations for all inlets, outlets, flow lines, and basins.
b. Record the WQMP Maintenance Agreement with the County of San Bernardino and provide evidence of said recording to the Engineering Division.
c. Prior to the 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, the developer shall also submit evidence to the NPDES Coordinator that the MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 62 of 286 Resolution No. 22–3390 Page 16 of 26
lessee or purchaser has been advised in writing of the lessee’s or purchaser’s ongoing maintenance responsibilities for the requirements of the WQMP.
d. The applicant shall ensure that all requirements of the approved WQMP for the project are incorporated and consistent with the approved landscape and irrigation plans for the project. All required Best Management Practices (BMPs) shall be duly noted and shown on the landscape plans per the approved WQMP, if applicable.

Engineering

87. Developer/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.

87. The tentative tract 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.

88. The final tract map may be submitted for plan checking prior to, in conjunction with, or after the submittal of the public improvement plans. Tract 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 a final 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.

89. 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.

90. Street improvement plan is required for all public and private streets.

Construction drawings shall be 24" by 36" with City standard title block.

91. All public and private streets shall have sidewalks conforming to the Americans with Disabilities Act. Widths and scoring patterns shall conform to City Standard Plan No. 114.

92. Remove and replace all existing lifted or cracked curb gutter, damaged utility pull box lids, and the sidewalk adjacent to the property along State Street, Ramona Avenue, and Mission Boulevard. Additionally, remove and replace all sidewalk areas that show signs of ponding or pitting, scaling, or spalling, curb ramps not in compliance with ADA guidelines, on the above mentioned street frontages adjacent to the site.

93. Streetlights shall be provided on all public and private streets. Streetlights on public streets shall be owned and maintained by Southern California Edison (SCE).

The applicant shall provide Street Lighting plans for City approval. All street lights shall be placed at the back edge of the sidewalk unless otherwise directed by the City Engineer. The developer shall pay all costs involved directly to the SCE. Proof of payment shall be submitted to the City Engineer's office prior to the issuance of any Public Works construction permits.

94. Monument signs shall not be permitted in the corner cut–off areas as defined by the Montclair Municipal Code (11.72.172.D) and pursuant to City Standard No. 110.

95. All pavement damaged by excavation will be replaced with permanent pavement per City Standard for Paving and Trench Repair No. 301.

96. All driveways, existing or proposed, shall comply with the Americans with Disabilities Act and shall conform to City Standard Plan No. 102.

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97. All utilities in the public right of way 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.

98. All utilities within development boundaries shall be placed underground. This requirement applies to electrical services, transformers and switches, telephone, communications, and cable television facilities as well.

99. All poles in the right–of–way or within development boundaries shall be placed underground prior to the ussance of a Certificate of Occupancy for the last building of the project. This requirement applies to electrical services (facilities operated at nominal voltages in excess of 20,000 volts not included), transformers and switches, telephone, communications, and cable television facilities as well. Provide easement(s) for the utilities to be underground. 100. All existing overhead utilities within project boundaries and within street frontages adjacent to the project shall be placed underground. All existing or new guy wires required to anchor end poles shall be located beyond the project limits. No poles or guy wires shall be permitted to remain within property frontage.
101. The developer shall make payment of Regional Sewerage Capital Outlay fees as specified in the Montclair Municipal Code and by Inland Empire Utilities Agency. 102. Payment of all sewer connection fees, outstanding sewer reimbursement fees or assessments as imposed by a district or reimbursement agreement, if any shall be paid at time building permits are requested.
103. Discharge of wastewater into the sewer collection system shall conform to all requirements of the Montclair Municipal Code.
104. 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. 105. 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.
106. Prepare and submit to the satisfaction of the City Engineer a Water Quality Management Plan (WQMP) in accordance with the State of California Santa Ana Regional Water Quality Control Board Guidelines for San Bernardino County. 107. 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 the City NPDES Coordinator Steve Stanton at 909–625–9470. 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.
108. Prepare and submit to the satisfaction of the City Engineer a comprehensive grading and drainage plan prepared by a Registered Civil Engineer in conformance with Chapter 70 of the Uniform Building Code. Prior to commencement of any demolition, clearing and grubbing, and/or grading, a grading permit shall be obtained from the Building Division. Plan approval is required prior to issuance of a grading permit by the Building Division.
109. 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.
110. No soil may be imported or exported to or from the project site from any adjacent building site or from other sources for construction purposes without first MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 64 of 286 Resolution No. 22–3390 Page 18 of 26
obtaining approval from the City Engineer. A plan acceptable to the City Engineer shall be prepared showing proposed haul routes within the City. The plan shall include provisions for street sweeping and cleanup. Contractor(s) shall comply with all National Pollutant Discharge Elimination System (NPDES) requirements. 111. Prepare and submit a final hydrology and hydraulic study showing the tributary area, layout of storm drains and downstream impacts to a point as defined as the closest receiving point on a master storm drain line or existing facility as approved by the City Engineer. The study shall identify off–site and on–site runoff impacts resulting from the build–out of permitted General Plan uses, the project’s contribution, location and sizes of catchments and system connection points plus all downstream drainage mitigation measures. All mitigations/recommendations resulting from any final approved report shall be included in the improvement design submittals.
112. All drainage facilities shall comply with the requirements of the approved WQMP. 113. Prepare and submit to the satisfaction of the City Engineer plans for erosion control and stormwater pollution prevention. A general construction stormwater permit may be required. Contact Steve Stanton at 909–625–9441 for details. The erosion control plan shall be an integral part of the grading plans. Plan approval is required prior to the issuance of a grading permit by the Building Division. 114. 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. 115. Prepare and submit to the satisfaction of the City Engineer “will serve” letters from all utility companies serving the site. The developer will be required to coordinate with the various public and private utilities for the necessary improvements for said utilities to service the site.
116. 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.
117. Where street construction, surfacing, or resurfacing is required, all utility work within the frontage of the development shall be completed prior to the street being capped.
118. Street improvements including median modifications may be required along Mission Boulevard to restrict left–turn movements at Silicon Avenue and/or traffic signal modifications at the intersection of Mission Boulevard and Pipeline Avenue. 119. 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.
120. Vehicular access shall be provided to all sewer, water and storm drain manholes. 121. The developer shall complete the following improvements to Third Street:
a. Design the Third Street right–of–way extension to eliminate the creation of a steep slope street condition and to provide a smooth road transition to the Ramona Avenue and Dale Street intersection. Traffic signal modifications may be required at the intersection of Ramona Avenue and Dale Street due to street re–design
b. Pay $24,300 for grind and overlay along Third Street from Silicon Avenue to the west boundary of the Project Site.
c. Construct curb, gutter, sidewalk and driveway on the north side of Third Street for a distance of approximately 170 feet from the project’s west boundary, as determined by the City Engineer.
d. Install “NO OVERNIGHT PARKING” signs on the Third Street extension through the Project Site to Ramona Avenue.

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122. Developer to dedicate a two to seven feet roadway easement for a turning lane on State Street (affecting Parcels 7 & 8) to provide better access for trucks entering and exiting the Project site.

Environmental
127. 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 the California Department of Resources Recycling and Recovery (CalRecycle). Contact Steve Stanton, Engineering Division Manager at (909) 625–9444 for more information.
128. 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 (909) 625–9444 [email protected] for more information.
129. The future tenant/occupant of each building must complete and submit the City of Montclair’s Wastewater Discharge Survey to Engineering Division Manager, Steve Stanton ([email protected]) for review to determine pretreatment/wastewater discharge requirements. Contact Steve Stanton at (909) 625–9444 for more information. If 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.
130. Discharge of wastewater into the City of Montclair sanitary sewer system shall conform to Chapter 9.20 of the Montclair Municipal Code. 131. Regional Sewerage Supplemental Capital Outlay fees are required per Section

9.20.440 of the Montclair Municipal Code and the Inland Empire Utilities Agency (IEUA).
132. Connection to the City of Montclair Sanitary Sewer System is required. Additional comments may follow pending submittal of plans for plan check review.

NPDES Conditions
133. The property owner shall be responsible to contract with a qualified firm to inspect and maintain any stormwater treatment devices specified for each of the eight approved WQMP documents, 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. If 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 each property owner to correct the deficiency and restore the stormwater treatment device(s) to its original working condition. 134. The owner understands that if the stormwater treatment device is infeasible at the proposed location, and an alternative treatment device is proposed that may affect the site design project owner shall contact the Planning Department for review of any revised site changes.
135. The owner understands no permits are issued before approval of the WQMP. 136. 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.
137. 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 permits and fees.

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138. Prior to the issuance of a rough grading and/or precise grading permit, the applicant must:
a. Must 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 the 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.
139. Prior to the issuance of a Certificate of Occupancy for each of the eight parcels, the applicant shall:
a. Submit to the Engineering Division as–built drawings as it relates to the WQMP document and, provide adequate plan notes identifying grades and elevations for all inlets, outlets, flow lines, and basins. b. Submit the certification of the landscape document
c. Submit stamped and signed post–construction BMP certification by the Engineer of Record, identifying that all BMPs have been installed per plans and specifications.
d. Record the WQMP Maintenance Agreement with the County of San Bernardino and provide evidence of said recording to the Engineering Division.
e. Provide an electronic copy of FINAL WQMP including all as–built drawings, certification forms, and recorded WQMP maintenance agreement as described above.
140. Prior to the release of the Certificate of Occupancy for each of the eight parcels, the person or corporation responsible for the preparation of the individual WQMP documents shall certify in writing to the NPDES Coordinator that all conditions and requirements for each of the WQMP documents have been implemented or complied with. For projects, developments, or properties intended to be leased or sold, the developer shall also submit evidence to the NPDES Coordinator that the lessee or purchaser has been advised in writing of the lessee’s or purchaser’s ongoing maintenance responsibilities for the requirements of the WQMP. 141. The owner of each parcel is responsible for the WQMP Maintenance agreement.

The owner is required to self–certify each BMP treatment device per the recorded Maintenance Agreement. While maintenance and inspections are required monthly, the owner is responsible to provide the City Engineer with a signed and stamped certification form every 24 months. The first certification shall be prepared by a professional engineer and submitted to the City Engineer starting the first July 1 date following the project completion date. Certifications shall be prepared and submitted every 24 months thereafter. The monthly self– certification form shall be recorded and kept as a record. Monthly records shall be readily available upon request during the City inspector's annual visit.

WQMP Landscape Conditions
142. Before issuance of a Certificate of Occupancy, the Landscape Architect of record shall submit a Letter of Completion to both Planning Division and Engineering Division.
143. Property Owner/Lessee is required to employ a Bonded and California Licensed C–27 Landscape Contractor to conduct all landscaping on the property. 144. The landscape contractor must have a City Business License to operate in the City of Montclair.
145. 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 – 12/19/2022 Page 67 of 286 Resolution No. 22–3390 Page 21 of 26
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.
146. 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 has been 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 was 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. 147. 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. 148. 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.
149. 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. 150. 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.

Fire
151. The project shall comply with all requirements set forth by the California Code of Regulations Title 24 Parts 1–12 respectively.
152. 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. 153. 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. 154. Prior to the issuance of grading permits, evidence of sufficient fire flow of 4,000 GPM for 4– hours shall be provided to the City of Montclair. The City of Montclair Building and Fire Marshal Water Available/Fire Flow Form shall be utilized. 155. 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.
156. The fire department access road shall be inspected by Montclair Fire Prevention Bureau prior to building construction.
157. The fire department access road shall remain unobstructed at all times. 158. 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 the Montclair Fire Prevention Bureau. 159. A minimum of two points of connection to the public water shall be provided for the private fire–line water.
160. The private underground fire–line system shall be a looped design.

MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 68 of 286 Resolution No. 22–3390 Page 22 of 26
161. The private underground fire–line system shall have indicating sectional valves for every five (5) appurtenances.
162. All required fire hydrants shall be installed and operational before building construction. All fire hydrants shall remain operational during construction. 163. 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. 164. Prior to construction activities, a temporary address sign shall be posted and be clearly visible from the street.
165. 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.
166. 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. 167. Each 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 before installation.
168. Before the building final, the building shall be provided with a Knox Lock key box located no more than seven feet above the finished surface and near the main entrance door.
169. 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, which 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 whether the building meets the emergency communications without an enhancement system.

Police
170. The developer and/or Owners Association shall provide the following security and security monitoring measures during the term of this Agreement:

a. 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).
b. At any time, should the calls for Police service or response to the Mission and Ramona Business Park development exceed a level reasonably considered normal and customary for the size of the Project by the Executive Director Office of Public Safety/Police Chief, during any consecutive two–month period, the Owners Association shall be required to provide a State–licensed security patrol company.
c. The State–licensed security patrol company shall be retained by the developer or Owners Association, with the prior approval of the Executive Director Office of Public Safety/Police Chief, for a specified timeframe 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.
171. There shall be no special promotional events held on the property unless a written request for such is received and approved by the Community Development Director and the Police Chief or their designees.

MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 69 of 286 Resolution No. 22–3390 Page 23 of 26
172. The parking lot of the premises shall be equipped with light fixtures of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot.
173. The applicant shall install and maintain a closed circuit video surveillance (CCVS) system. The system shall, at minimum, be capable of monitoring all entrances/exits to the premises and exterior storage and parking areas. Cameras shall be positioned to allow for the identification of patron facial features and physical characteristics. A minimum of one camera shall be placed in a position to monitor the parking lot of the premises, positioned in a manner that allows for the widest view from the entrance, without significant lens distortion. Typically acceptable camera angles range from 50–130 degrees. Cameras shall be capable of no less a resolution than 1920×1080 pixels, otherwise known as 1080p. IR (night vision) is preferred, however, cameras shall at minimum be capable of low– light operation. Audio recording is desirable, but not a requirement. Camera footage shall be retained for no less than 90 days. To conserve storage space, cameras may be motion–activated. When active, cameras shall record no less than 30 frames per second. Motion sensors shall be configured to activate properly in all areas covered including the parking area. Motion sensors may be configured to prevent incidental activation from hanging or moving displays. Depending on the nature of the premises, additional cameras may be required, but not limited to areas such as cash registers, or access to restroom areas.

APPROVED AND ADOPTED this XX day of XX, 2022.

Mayor
ATTEST:

City Clerk
I, Andrea M. Myrick, City Clerk of the City of Montclair, DO HEREBY CERTIFY that Resolution No. 22–3390 was duly adopted by the City Council of said city and was approved by the Mayor of said city at a regular meeting of said City Council held on the XX day of XX, 2022, and that it was adopted by the following vote, to–wit:

AYES: XX
NOES: XX
ABSTAIN: XX
ABSENT: XX
Andrea M. Myrick
City Clerk

MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 70 of 286 Resolution No. 22–3390 Page 24 of 26
Exhibit A
Tentative Tract Map No. 20381

MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 71 of 286 Resolution No. 22–3390 Page 25 of 26
Exhibit B
Site Plan

MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 72 of 286 Resolution No. 22–3390 Page 26 of 26
Exhibit C
Mitigation Measures listed in the Mitigation Monitoring and Reporting Program
MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 73 of 286

CITY COUNCIL

AGENDA REPORT
DATE: DECEMBER 19, 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 November 30, 2022.

BACKGROUND: Included in the City Council’s agenda packet is a copy of the Treasurer's Report for the period ending November 30, 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 November 30, 2022.

MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 74 of 286

CITY COUNCIL

AGENDA REPORT
DATE: DECEMBER 19, 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 December 19, 2022; and the Payroll Documentation dated December 4, 2022, and recommends their approval.

FISCAL IMPACT: The Warrant Register dated December 19, 2022, totals $2,224,220.93.

The Payroll Documentation dated December 4, 2022 totals $871,260.94 gross, with $602,323.23 net being the total cash disbursement.

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

MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 75 of 286

CITY COUNCIL

AGENDA REPORT
DATE: DECEMBER 19, 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 November 30, 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 November 30, 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 November 30, 2022.

MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 76 of 286

CITY COUNCIL

AGENDA REPORT
DATE: DECEMBER 19, 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 November 30, 2022, pursuant to state law.

BACKGROUND: Vice Chair Ruh has examined the Successor to the Redevelopment Agency Warrant Register dated 11.01.22-11.30.22 in the amounts of $8,847.64 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 November 30, 2022.

MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 77 of 286

CITY COUNCIL

AGENDA REPORT
DATE: DECEMBER 19, 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 November 30, 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 November 30, 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 November 30, 2022.

MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 78 of 286

CITY COUNCIL

AGENDA REPORT
DATE: DECEMBER 19, 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 November 30, 2022, pursuant to state law.

BACKGROUND: Vice Chair Ruh has examined the Warrant Register dated 11.01.22–

11.30.22 in the amount of $26,735.27 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 November 30, 2022.

MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 79 of 286

CITY COUNCIL

AGENDA REPORT
DATE: DECEMBER 19, 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 November 30, 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 November 30, 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 November 30, 2022.

MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 80 of 286

CITY COUNCIL

AGENDA REPORT
DATE: DECEMBER 19, 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 November 30, 2022, pursuant to state law.

BACKGROUND: Vice Chair Ruh has examined the Warrant Register dated 11.01.22–

11.30.22 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 November 30, 2022.

MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 81 of 286

CITY COUNCIL

AGENDA REPORT
DATE: DECEMBER 19, 2022
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 9
FILE I.D.: PDT360/PDT430
DEPT.: POLICE
PREPARER: J. MICHEL
SUBJECT: CONSIDER AUTHORIZING A $2,316.25 APPROPRIATION FROM THE FEDERAL ASSET FORFEITURE FUND TO PURCHASE A 360–CAMERA SYSTEM FROM LENCO ARMORED VEHICLES FOR THE LENCO BEARCAT G3 TACTICAL ARMORED VEHICLE REASON FOR CONSIDERATION: The City Council is requested to consider authorizing the purchase of a 360–camera system for the Lenco BearCat G3 tactical armored vehicle, which was ordered in June 2022 and is estimated to be completed in July 2023.

BACKGROUND: The City entered into Agreement No. 22–43 with San Bernardino County in May 2022, which provides funding in the amount of $336,600 for the sole purchase of a tactical armored vehicle, defined as military equipment under Assembly Bill 481, and required radio components, installation, and applied graphics. On June 6, 2022, the City Council approved the use of Lenco Armored Vehicles as the vendor for this project.

The Police Department secured the purchase of a BearCat G3 tactical armored vehicle from Lenco Armored Vehicles, which is expected to be completed on or about July 2023.

During the process of obtaining a quote and securing a purchase order, multiple options were selected to outfit the armored vehicle—one of which included a back–up camera system with monitor for a total cost of $2,503.73. After additional staff discussion about the importance of the external viewing capabilities for the operator(s) of the vehicle, it was discovered Lenco Armored Vehicles had a more viable 360–degree camera option, which included all of the components of the back–up camera system already chosen, and several additional benefits. The 360–camera system provides an independent camera for all four sides of the armored vehicle (front, rear, driver and passenger side) and includes an additional 7–inch viewing monitor. All four cameras would be positioned to cover blind spots to aid the driver in maneuverability, and are integrated with the vehicle’s operating system to display during right turns, left turns, backing, and driving forward. This is an important aspect due to the armored vehicle’s increased height, depth, and width. Additionally, the 360–camera system would provide recording capabilities for all four–camera views, which is an essential tool to have at the scenes of critical incidents.

The cost for the 360–camera system would be $4,819.98; however, it would eliminate the need to purchase the back–up camera system option. If approved by City Council, the purchase would result in a total added expenditure of $2,316.25 from the Federal Asset Forfeiture Fund.

FISCAL IMPACT: If authorized by the City Council, the purchase of a 360–camera system would result in an appropriation from the Federal Asset Forfeiture Fund (1147) in the amount of $2,316.25.

RECOMMENDATION: Staff recommends the City Council authorize a $2,316.25 appropriation from the Federal Asset Forfeiture Fund to purchase a 360–camera system from Lenco Armored Vehicles for the Lenco BearCat G3 tactical armored vehicle.

MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 82 of 286

CITY COUNCIL

AGENDA REPORT
DATE: DECEMBER 19, 2022
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 10
FILE I.D.: TRC800
DEPT.: PUBLIC WORKS
PREPARER: M. HEREDIA
SUBJECT: CONSIDER AUTHORIZING STAFF TO ADVERTISE FOR BID PROPOSALS FOR THE

FLASHING STOP SIGN REPLACEMENT PROGRAM
REASON FOR CONSIDERATION: Authorization to advertise for bid proposals for the construction of Public Works projects is subject to City Council approval. The City Council is requested to authorize staff to advertise a request for bid proposals for installation of Flashing LED Solar Powered STOP signs at various locations Citywide.

BACKGROUND: The City Council has demonstrated a commitment to the adopted Safe Routes to School (SRTS) Program and approved the Flashing Stop Sign Replacement Program as part of the Fiscal Year 2022–23 Annual Budget. The City Manager recommended allocating approximately $250,000 from the General Fund Unassigned Reserve and $300,000 from the 2021 Issue of Lease Revenue bonds for this program.

Staff has evaluated and identified 89 intersections to replace existing STOP signs with Flashing LED Solar Powered STOP signs. A total of 163 flashing LED signs will be installed in the locations shown on the map in the attached exhibit.

The project will be advertised for approximately three weeks, with a bid opening date of Monday, January 9, 2023. Construction is expected to begin in February 2023 and be completed by April 2023.

FISCAL IMPACT: The Flashing Stop Sign Replacement Program is funded using $250,000 in General Fund Unassigned Reserve and $300,000 in 2021 Lease Revenue proceeds.

The cost to advertise this project for bid proposals should not exceed $3,500.

RECOMMENDATION: Staff recommends the City Council authorize staff to advertise for bid proposals for the Flashing STOP Sign Replacement Program.

MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 83 of 286

CAMULOS

RUDISILL

CAROLINE

KIMBERLY
HOWARD
CLAIR

EL MORADO
2 VALLEJO
MARION

JUNE MOUNTAIN

CAMULOS

DEL MAR
EVART
STATE
ASH
ROSE
DENVER
FAUNA
RODEO

SAN CLEMENTE

MARQUETTE

BERKELEY

DEL MAR

BERKELEY

PRADERA
VERNON
FLORA
LEHIGH

SAN JUAN

COALINGA

HIGHLAND
CLAIR
GRAND

GRANADA

VISTA REAL

VISTA PANORAMA

MANZANITA
VERNON
ESSEX
YALE

MUSTANG

KIMBERLY
GENEVA
RODEO

SAN PASQUAL

VIA DEL NORTE
GRAND
BENITO

STAGECOACH

RUDISILL
VERNON

GREENWOOD

GRANADA

HAMPTON
BOLTON
S.P.R.R.

CALICO

CAMULOS

MISSION

CAMULOS

BANDERA

PRADERA

HANOVER

SARATOGA
EVART
VERNON
TUDOR

STAGECOACH

MAMMMOTH

CIMARRON OAKS
BENSON

COLUMBINE
FELIPE

SNOWMASS
GROVE

STEAMBOAT
I 10

PHILLIPS

RAWHIDE

ORCHARD
HELENA

SAN PASQUAL

ALAMITOS

CAMULOS
KADOTA

ASPEN MARION

BONNIE BRAE

SARATOGA

SANTA ANITA

GREEN WOOD
OAK
ROSE

PALO VERDE
DONNER
GALENA

DEER CREEK

HARVARD
MANE

HARVARD
VERNON
ESSEX

FAIRFAX
FLORA

BUCKSKIN
BOLTON

BERKELEY

COBBLESTONE

HIGHLAND

PHILLIPS

AMHERST

RUDISILL

SILICON

CAMARENA

SAN ANTONIO

WILD HORSE

ALLESANDRO

FANCISCO

MONTE VISTA

CAMBRIDGE
BROOKS

HIGHLAND

BERKELEY

SAN BERNARDINO

MANZANITASHADOWOOD
GALA
DENVER

DEL MAR
2 MANE

APPALOOSA

GREENWOOD

CANNERY
DENVER

CLIFFWOOD

MONTE VERDE
STATE

ALAMITOS
RODEO

AMHERST

ROSEWOOD
EVART

ROSWELL

KINGSLEY
RAMONA
EVART

ORCHARD
GENEVA

HALIFAX

COLUMBINE

COALINGA

GOLD RUSH

SHIRLEY

WHITEWATER

MONTE VISTA

VIA DANTE
TUDOR
U.P.R.R.

BANDERA

SADDLEBACK

VISTA BONITA

ALAMITOS

VIA CLASSICO

CENTRAL

GREENWOOD

CARRILLO
TAOS
RAMONA

HAWTHORNE
SURREY

ROCKFORD
BOLTON

GREENWOOD
I 10

CAMULOS

GREYCLIFF
YALE
MERLE

GRANADA
BODEGA
MILLS
THIRD
LEHIGH

COALINGA

CENTRAL

MONTE VERDE

EAST END

PRINCETONSAN PASQUAL

SAN MIGUEL

COLUMBINE

COLUMBINE

KINGSLEY

POULSEN
MILLS

FREMONT

VISTA FLORA

CARRIAGE

VIA ANGELO

CAMBRIDGE
MERLE
FELIPE
BENITO
MANE

BNSF - METROLINK
FLORA
ADA

SUN VALLEY

RAWHIDE

PIPELINE
RAMONA

EL MORADO
HELENA
Eton

CLYDESDALE

MISSION
FAUNA

OAKGROVE

PALOMINO

BEL AIR
SIERRA
DENVER
RODEO
FAUNA

SAN BERNARDINO

AMHERST

COLLEGE
NORTON

CAMBRIDGE
HELENA
SURREY
FIR

SAN FELIPE

BUCKINGHAM
HOWARD

ORCHARD

SANTA ANITA

MILLSTONE
ROSE U.P.R.R.

PALO VERDE WILLOW

FREMONT
EUREKA
FLORA

LA DENEY

PORTILLA

MILLSTONE

MAITLAND
ARROW

GRANADA

CAMULOS

SHETLAND
EXETER
EVART
CORTEZ
RAMONA
MORGAN

CAMARENA
HOLT

STALLION
4 HARVARD
CANOGA
SURREY
1 VIA NAPOLI
2 VIA AIDA
3 VIA MORGANA DAVIS
4 VIA RIVIERA
5 VIA VIOLA
6 VIA CARA

VIA PALMA

PRADERA

OAK GLEN

VILLAGE

BERKELEY

CENTRAL

CABRILLO

WHITEWATER

GREENWOOD
U.P.R.R.

SHETLAND

PIPELINE

STALLION
CLAIR

RUDISILL

VISTA JUANITA

CARLTON
DORSET
SURREY
5 S.P.R.R.

DENVER
OLIVE

DARTMOUTH

POULSEN

CARRILLO
CANARY
CANOGA

BARRINGTON

BONNIE BRAE

AMHERST
DENVER

CARRIAGE

DEL MAR

SADDLEBACK

CUMBERLAND

HUNTINGTON

COVENTRY

SHETLAND

FREMONT

CARLTON
GRAND

VISTA MADERA VISTA DEL RIO

MISSION

ARABIAN

KINGSLEY
HELENA
HOWARD

EL MORADO
CHICO

SADDLEBACK
FAUNA
1 VISTA DEL SOL
2 VISTA DEL ORO
3 VISTA HERMOSA

KINGSLEY
EVART
FELIPE

HAWTHORNEBEL AIR

VIA ABBY
FELIPE

CARRIAGE

KIMBERLY

SAN JOSE
FLORA

HARVARD

CARRILLO

PALO VERDE

SILICON
HOLT
EXETER
MILLS

CENTRAL
RAMONA
RAMONA

BERKSHIRE

FAUNAHELENA

HICKORY

GRANADA
FELIPE

COVECREST

VIA DEL SUR

MONTE VISTA

PRADERA

SAN BERNARDINO

SUNDANCE
FELIPE

KIMBERLY
MORGAN
OLIVE

HARTFORD

POULSEN

OAK GLEN
RAMONA

BEL AIR

BEL AIR

ROSEWOOD

CAMULOS

PRADERA

LA DENEY

CAMARENA SOUTH
PLAZA

ALAMITOS

PEACHWOOD
GALENA

VISTA PLAYA

FREMONT

BELGIAN
BENSON
KADOTA
BENSON

MONTE VISTA

AMHERST

ROUNDUP

EL MORADO

KIMBERLY

PHILLIPS

MISSION

YOSEMITE
BROOKS

VIA AMORE
S.P.R.R.
3 MARION
VERNON

KIMBERLY
TUDOR
DORSET

OAKDALE
DEODAR
GRAND
HELENA
MORENO
ADA
LEHIGH

SAN JOSE

COLUMBINE

VIA ELDA

POULSEN

BUCKSKIN

CHANDLER

CENTRAL

ROSEWOOD
GRAND

BERKELEY BUCKSKIN
NORTON
BOLTON

HUMBOLT
BIGSKY

SADDLEBACK

ARMSLEY
FLORA

ROSEWOOD

BRUNSWICK

HARVARD
FELIPE

EL MORADO

QUAIL KNOLL

MESA VERDE

JAMES CAMULOS
VERNON

GREENWOOD
GENEVA
DALE
BENSON
ADOBE
CLAIR
TUDOR

COLUMBINE
1 CORANADA
BROOKS
NORTH
PLAZA

LINDERO
BENITO
MARION
1 FAUNA

PHILLIPS
ROSE

ROSEWOOD

MONTE VISTA
HOLT

LINDERO
6 PHILLIPS FAIRCOVE FREMONT
MILLS

PRINCETON
YALE

DEL SOTO
VAIL

SAN RAFAEL
WESLEY
RAMONA

KINGSTON
ROSE

CENTRAL
CLAIR
FLORA

LA DENEY

VISTA VERDE
STATE
TUDOR
SURREY

LA DENEY
ROSE
CANOGA
BENSON
3 FLORA
Ramona Pl
MARION

POULSEN

RICHTON
WESLEY

BELVEDERE

AUTOPLEX
OLIVE

PRINCETON
EVART

APPLEGATE

YOSEMITE
VERNON
OLIVE

MISSION
RODEO
5700
9400
11400
9100
4900
4100
10400
9700
5400
11100
3800
10100
9800
5500
11000
8900
11200
4700
9500
5200
9200
10000
5000
10700
4400
5300
8700
9300
3900
10800
10200
4500
5600
9000
10500
4800
4200
9600
5100
10600
3700
4300
9900
10900
11300
8800
4000
4600
10300
\Maps\Departments\General Map w 100 Tab.mxd SMD Source: City of Montclair, CA 2013 Flashing Stop Sign
Replacement Program
Montclair CA

EXHIBIT TO AGENDA REPORT
MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 84 of 286

CITY COUNCIL

AGENDA REPORT
DATE: DECEMBER 19, 2022
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 1
FILE I.D.: STA819
DEPT.: PUBLIC WORKS
PREPARER: R. HOERNING
SUBJECT: CONSIDER AMENDING THE 2019–2024 CAPITAL IMPROVEMENT PROGRAM TO

INCLUDE THE MONTE VISTA AVENUE STREET WIDENING, STREET REHABILITATION,

AND SEWER IMPROVEMENT PROJECT FROM HOLT BOULEVARD TO PALO VERDE STREET
CONSIDER APPROVAL OF AGREEMENT NO. 22–35 WITH HR GREEN PACIFIC, INC. FOR

PREPARATION OF PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF STREET

WIDENING, STREET REHABILITATION, AND SEWER IMPROVEMENTS ON MONTE VISTA

AVENUE FROM HOLT BOULEVARD TO PALO VERDE STREET FOR THE PROJECT,

SUBJECT TO ANY REVISIONS DEEMED NECESSARY BY THE CITY ATTORNEY CONSIDER APPROVAL OF AGREEMENT NO. 22–51 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 FOR THE PROJECT, SUBJECT TO ANY

REVISIONS DEEMED NECESSARY BY THE CITY ATTORNEY
CONSIDER AUTHORIZING AN $880,000 APPROPRIATION FROM 2021 LEASE REVENUE BOND PROCEEDS AND $20,000 FROM THE SEWER FUND FOR COSTS RELATED TO AGREEMENT NO. 22–35 AND AGREEMENT NO. 22–51
CONSIDER AUTHORIZING AN $82,720.85 DESIGN SERVICES CONTINGENCY FOR THE

PROJECT
REASON FOR CONSIDERATION: The City Council is requested to consider taking actions related to the design of improvements for Monte Vista Avenue including street widening, street rehabilitation, sewer, traffic signal upgrades and traffic signal interconnect and broadband improvements from Holt Boulevard to Palo Verde Street.

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

A copy of proposed Agreement No. 22–35 with HR Green Pacific, Inc. and Agreement No. 22–51 with AGA Engineers, Inc. are attached for City Council 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, and November 10, 2021, the City Council held workshops to discuss infrastructure projects to be supported with 2021 Lease Revenue Bond (LRB) proceeds.

The workshops outlined several street improvement projects and other infrastructure projects, including the Monte Vista Avenue Widening and Street Rehabilitation Project; and Citywide Broadband Infrastructure initiative program.

On April 18, 2022, the City Council approved the 2017 Sewer Master Plan (2017 SMP) Update Revision 1 to incorporate anticipated sewer flows from developments that were MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 85 of 286 approved after the 2017 SMP was completed. This Sewer Master Plan Update has identified the need for larger sewer pipeline capital improvements in Monte Vista Avenue that will be designed as part of these engineering services.

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

The project is formatted into a two–phase work program. The first phase is evaluating the existing conditions and proposed complete street objectives to develop a proposed street improvement scope of work. Upon completing phase one, the consultant engineer will prepare the final construction documents for the project.

The City solicited proposals via Planet Bids from five pre–qualified engineering firms for the Monte Vista Avenue Widening and Street Rehabilitation Project. The City received four proposals, as follows:
 LD King, Inc.
 RKA Consulting Group, Inc.
 TKE Engineering, Inc.
 HR Green Pacific, Inc.

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 consultant. HR Green is currently performing design services for the City’s Holt Boulevard Median and Street Rehabilitation Project and has also performed similar work for the cities of Pomona and Claremont. 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. They have completed the traffic signal upgrades, signal interconnect and fiber optic facilities for Central Avenue (Phase 1) and Holt Boulevard (Phase 1). They are currently working on the Central Avenue and Holt Boulevard (Phase 2) and Arrow Hwy traffic signal interconnect and fiber optic facility design, which are part of the backbone traffic system improvements. AGA has the best understanding of Montclair’s traffic signal; needs and as such were solicited to submit a fee proposal for engineering design of the Monte Vista Avenue traffic signal and interconnect improvements. These traffic signal interconnect design plans on Monte Vista Avenue will extend from Mission Boulevard to Richton Street and also include a reach on Benito Street from Monte Vista Avenue to City Hall (Fremont Avenue) and on Richton Street from Monte Vista Avenue to the Montclair Transcenter.

Staff recommends AGA Engineers be retained to prepare the traffic engineering plans and specifications for the traffic signal upgrades and interconnect facilities outlined herein. These improvements also support the City’s Broadband initiatives.

MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 86 of 286 FISCAL IMPACT: The cost associated with Agreement No. 22–35 with HR Green is $475,919.15. The cost associated with Agreement 22–51 with AGA Engineers is $341,360. Staff is requesting an additional $82,720.85 appropriation as a contingency if additional work is required beyond the scope of services for a total request of $900,000. Funds for this design work would be provided from the following sources:
$880,000 by 2021 Lease Revenue Bond Proceeds and $20,000 by the Sewer Fund.

RECOMMENDATION: Staff recommends that the City Council take the following actions in relation to the Monte Vista Street Widening, Street Rehabilitation, and Sewer Improvement Project:

1. Amend the 2019–2024 Capital Improvement Program to include the Monte Vista Avenue Street Widening, Street Rehabilitation, and Sewer Improvement Project from Holt Boulevard to Palo Verde Street;

2. Approve Agreement No. 22–35 with HR Green Pacific, Inc. for preparation of plans and specifications for the construction of street widening, street rehabilitation, and sewer improvements on Monte Vista Avenue from Holt Boulevard to Palo Verde Street for the Project, subject to any revisions deemed necessary by the City Attorney;

3. Approve Agreement No. 22–51 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 for the Project, subject to any revisions deemed necessary by the City Attorney; and

4. Authorize an $880,000 appropriation from 2021 Lease Revenue Bond proceeds and $20,000 from the Sewer Fund for costs related to Agreement No. 22–35 and Agreement No. 22–51;

5. Authorize an $82,720.85 design services contingency for the Project.

MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 87 of 286 Project No.

Project Details:

Project Name:
(Assigned by Finance):

Phase Prior Years 2019/2020 2020/2021 2021/2022 2022/2023 2023/2024 Total Fund/Program Design
Environmental
880,000.00 880,000.00 2021 Lease Rev
20,000.00 20,000.00 Sewer Fund
Total
Construction
R/W Acquisition

0.00 0.00 0.00 0.00 900,000.00 0.00 900,000.00
Department:

Approvals:

By: Date:

Finance By: Date:

City Council Date: Cost:

Total Project
900,000.00
Revision Number:

Monte Vista Avenue Street Widening & Street Rehabilitation Project Fiscal Years
Preparation Date: December 12, 2022 Department: Public Works Contact/Ext.: Rosemary Hoerning
Infrastructure Fund
Capital Project Funding Information
Citywide Broadband Initiative support
Street Widening and Street Rehabilitation (Bicycle Lane, Sewer Improvements, Traffic Signal (TS) Upgrades and Fiber Optic TS Interconnect) MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 88 of 286 AGREEMENT NO. 22-35

CITY OF MONTCLAIR

AGREEMENT FOR CONSULTANT SERVICES

MONTE VISTA AVENUE STREET WIDENING & REHABILITATION PROJECT THIS AGREEMENT is made and effective as of on December 20, 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 December 20, 2022 and shall remain and continue in effect for approximately 3 years until tasks described herein are completed, but in no event later than December 31, 2025 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 four hundred seventy five thousand nine hundred and nineteen dollars and fifteen cents ($475,919.15) 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 $49,080.85. 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 1 of 52 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 89 of 286 Agreement No. 22-35
Monte Vista Avenue Street Widening & Street Rehabilitation Project City disputes any of the Consultant’s fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. (d) Consultant agrees that, in no event shall City be required to pay to Consultant any sum in excess of ninety-five percent (95%) of the maximum payable hereunder prior to receipt by City of all final documents, together with all supplemental technical documents, as described herein acceptable in form and content to City. Final payments shall be made no later than sixty (60) days after presentation of final documents and acceptance thereof by City.

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

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

7. DEFAULT OF CONSULTANT
(a) The Consultant’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall 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 2 of 52 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 90 of 286 Agreement No. 22-35
Monte Vista Avenue Street Widening & Street Rehabilitation Project 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 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. 3 of 52 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 91 of 286 Agreement No. 22-35
Monte Vista Avenue Street Widening & Street Rehabilitation Project (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 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 4 of 52 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 92 of 286 Agreement No. 22-35
Monte Vista Avenue Street Widening & Street Rehabilitation Project work to be performed under the Agreement and delete any exclusion that may potentially affect the work to be performed.
(b) Endorsements
Insurance policies shall not be in compliance if they include any limiting provision or endorsement.

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

Additional Insured Endorsements shall not:

1. Be limited to “Ongoing Operations”

2. Exclude “Contractual Liability

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

4. Exclude “Third-Party-Over Actions”

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

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

13. (2) Auto Liability
Additional Insured: The City, its elected officials, officers, employees, volunteers, boards, agents, and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the work or operations performed by or on behalf of the Contractor.

Primary Insurance: This insurance shall be primary and any other insurance whether primary, excess, umbrella or contingent insurance, including deductible, or self-insurance available to the insureds added by endorsement shall be in excess of and shall not contribute with this insurance.
5 of 52 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 93 of 286 Agreement No. 22-35
Monte Vista Avenue Street Widening & Street Rehabilitation Project (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.
6 of 52 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 94 of 286 Agreement No. 22-35
Monte Vista Avenue Street Widening & Street Rehabilitation Project (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 52 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 95 of 286 Agreement No. 22-35
Monte Vista Avenue Street Widening & Street Rehabilitation Project 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 52 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 96 of 286 Agreement No. 22-35
Monte Vista Avenue Street Widening & Street Rehabilitation Project 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
9 of 52 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 97 of 286 Agreement No. 22-35
Monte Vista Avenue Street Widening & Street Rehabilitation Project 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 52 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 98 of 286 Agreement No. 22-35
Monte Vista Avenue Street Widening & Street Rehabilitation Project

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
11 of 52 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 99 of 286 EXHIBIT A 12 of 52 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 100 of 286 EXHIBIT A 13 of 52 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 101 of 286 EXHIBIT A 14 of 52 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 102 of 286 EXHIBIT A 15 of 52 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 103 of 286 EXHIBIT A 16 of 52 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 104 of 286 EXHIBIT A 17 of 52 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 105 of 286 EXHIBIT A 18 of 52 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 106 of 286 EXHIBIT A 19 of 52 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 107 of 286 EXHIBIT B 20 of 52 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 108 of 286 EXHIBIT B 21 of 52 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 109 of 286 EXHIBIT B 22 of 52 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 110 of 286 EXHIBIT B 23 of 52 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 111 of 286 EXHIBIT B 24 of 52 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 112 of 286 EXHIBIT B 25 of 52 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 113 of 286 EXHIBIT B 26 of 52 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 114 of 286 EXHIBIT B 27 of 52 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 115 of 286 EXHIBIT B 28 of 52 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 116 of 286 EXHIBIT B 29 of 52 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 117 of 286 EXHIBIT B 30 of 52 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 118 of 286 EXHIBIT B 31 of 52 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 119 of 286 EXHIBIT B 32 of 52 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 120 of 286 EXHIBIT B 33 of 52 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 121 of 286 EXHIBIT B 34 of 52 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 122 of 286 EXHIBIT B 35 of 52 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 123 of 286 EXHIBIT B 36 of 52 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 124 of 286 EXHIBIT B 37 of 52 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 125 of 286 EXHIBIT B 38 of 52 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 126 of 286 EXHIBIT B 39 of 52 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 127 of 286 EXHIBIT B 40 of 52 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 128 of 286 EXHIBIT B 41 of 52 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 129 of 286 EXHIBIT B 42 of 52 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 130 of 286 EXHIBIT B 43 of 52 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 131 of 286 EXHIBIT B 44 of 52 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 132 of 286 EXHIBIT B 45 of 52 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 133 of 286 EXHIBIT B 46 of 52 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 134 of 286 EXHIBIT B 47 of 52 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 135 of 286 EXHIBIT B 48 of 52 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 136 of 286 EXHIBIT B 49 of 52 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 137 of 286 EXHIBIT B 50 of 52 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 138 of 286 EXHIBIT B 51 of 52 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 139 of 286 EXHIBIT B 52 of 52 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 140 of 286 AGREEMENT NO. 22-51

CITY OF MONTCLAIR

AGREEMENT FOR CONSULTANT SERVICES

FOR TRAFFIC ENGINEERING
THIS AGREEMENT is made effective as of December 20, 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 December 20, 2022 and shall remain and continue in effect for a period approximately three years, expiring on December 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 1 of 23 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 141 of 286 AGREEMENT NO. 22-51
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.
2 of 23 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 142 of 286 AGREEMENT NO. 22-51
(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 3 of 23 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 143 of 286 AGREEMENT NO. 22-51
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, 4 of 23 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 144 of 286 AGREEMENT NO. 22-51
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.
5 of 23 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 145 of 286 AGREEMENT NO. 22-51
(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 6 of 23 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 146 of 286 AGREEMENT NO. 22-51
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 7 of 23 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 147 of 286 AGREEMENT NO. 22-51
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 8 of 23 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 148 of 286 AGREEMENT NO. 22-51
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 9 of 23 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 149 of 286 AGREEMENT NO. 22-51
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 Building Maintenance Supervisor 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 10 of 23 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 150 of 286 AGREEMENT NO. 22-51
admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Consultant.

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

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

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

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

To City: Monica Heredia
City Engineer
City of Montclair
5111 Benito Street
Montclair, CA 91763
11 of 23 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 151 of 286 AGREEMENT NO. 22-51
To Consultant: Chalap Sadam
President
AGA Engineers, Inc.
211 East Imperial Highway, Suite 208
Fullerton, CA 92835

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

21. CONTENTS OF PROPOSAL
Consultant is bound by the contents of the proposal submitted by the Consultant, Exhibit A hereto. In the event of conflict, the requirements of this Agreement shall take precedence over those contained in the Consultant’s proposal. 12 of 23 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 152 of 286 AGREEMENT NO. 22-51

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

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

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

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

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

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.
13 of 23 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 153 of 286 AGREEMENT NO. 22-51

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 AGA ENGINEERS, INC.

By: By:

Javier John Dutrey, Mayor Name: Chalap K. Sadam
Title: President
Attest:

By: By:___________________________
Andrea M. Myrick, City Clerk Name: Gregory Wong
Title: Vice President
Approved as to Form:

By:

Diane E. Robbins, City Attorney
14 of 23 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 154 of 286 AGA Engineers, Inc.
211 Imperial Highway, Suite 208, Fullerton, CA 92835
(714) 992-4592 Email: [email protected]
November 28, 2022
Ms. Monica Heredia, P.E.

Public Works Director/City Engineer
City of Montclair
511 Benito Street
Montclair, California 91763
RE: Proposal to Provide Professional Engineering Design Services for Traffic Signal Improvements on Monte Vista Avenue
Dear Ms. Heredia:

AGA Engineers, Inc. (AGA) is pleased to present to the City of Montclair with the following proposal under our On-Call Traffic Engineering Services agreement with the City. Our proposal is to provide professional engineering design services to perform traffic signal improvements along the Monte Vista Avenue corridor between Mission Boulevard and Pacific Electric Bike Crossing. It is important to note that AGA prepared Montclair’s Citywide Traffic Signal Communications Master Plan identifying proposed routing of new fiber optic infrastructure and has provided on-call services to the City of Montclair for over two decades. AGA’s extensive knowledge of the City’s traffic signal system will allow AGA to “hit the ground running” on this important project.

AGA staff has also developed excellent relationships with both Engineering and Information Technology staff at the City plus we have an in-depth understanding of the City’s communications system and the QuicNet traffic signal system. The AGA Team will leverage the experience gained via previous projects in the City and our personal relationships to complete this important project in a timely and efficient manner.

Based on this wealth of experience, and having worked in the City of Montclair for over two decades and completing similar projects, the AGA Team has developed a unique project approach to streamline design and field implementation in the most efficient and cost-effective manner possible.

Our goal is to provide the City with a smooth and seamless project experience from the initial project kick-off meeting through implementation and into the operations phase. Furthermore, any one of our key project team members can be on-site and accessible to City staff with a quick phone call.

EXHIBIT A 15 of 23 MONTCLAIR CITY COUNCIL MEETING – 12/19/2022 Page 155 of 286 Ms. Monica Heredia, P.E.

November 28, 2022