Montclair City Council
June 3, 2024

CITY OF MONTCLAIR

CITY COUNCIL

SUCCESSOR REDEVELOPMENT AGENCY,

MONTCLAIR HOUSING CORPORATION, MONTCLAIR

HOUSING AUTHORITY, AND MONTCLAIR COMMUNITY

FOUNDATION MEETINGS

AGENDA PACKET
Monday, June 3, 2024
7:00 p.m.

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

REGULAR JOINT MEETING OF THE

CITY COUNCIL, SUCCESSOR AGENCY, MONTCLAIR HOUSING CORPORATION,

MONTCLAIR HOUSING AUTHORITY, AND MONTCLAIR COMMUNITY FOUNDATION to be held in the Council Chambers
5111 Benito Street, Montclair, California
Monday, June 3, 2024
7:00 p.m.

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

Watch Council meetings live via Zoom using the information provided below, or on the City’s official YouTube Channel at https://www.youtube.com/@cityofmontclair. Video recordings of Council meetings are available on the City’s website and can be accessed by the end of the business day following the meeting at https://www.cityofmontclair.org/council–meetings/.

Zoom Link: https://zoom.us/j/93717150550 / Dial Number: 1 (669) 900–6833 / Meeting ID: 937–1715–0550 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 — None
VI. PUBLIC COMMENT
During Public Comment, you may comment on any subject that does not appear on this agenda. Each speaker has up to five minutes. The meeting’s presiding officer may provide more or less time to accommodate speakers with special needs or a large number of speakers waiting in line. (Government Code Section 54954.3).

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

VII. PUBLIC HEARINGS Page No.

A. First Reading — Consider Ordinance No. 24–1006 Amending the Zoning Code and Repealing and Replacing Chapter 11.23 of the Montclair Municipal Code Relating to Accessory Dwelling Units and Junior Accessory Dwelling Units in Residential Zones (Case No. 2024–21) [CC]
Consider Setting a Public Hearing for Second Reading and to Consider Adoption of Ordinance No. 24–1006 on Monday, June 17, 2024, at 7:00 p.m. in the City Council Chambers [CC] 4
VIII. CONSENT CALENDAR
A. Approval of Minutes

1. Regular Joint Meeting — May 6, 2024 [CC/SA/MHC/MHA/MCF] 217

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MONTCLAIR CITY COUNCIL MEETING – 06/03/2024 Page 1 of 223 Page No.

B. Administrative Reports

1. Consider Receiving and Filing of Treasurer’s Report [CC] 18

2. Consider Approval of Warrant Register & Payroll Documentation [CC] 19

3. Consider Receiving and Filing of Treasurer’s Report [SA] 20

4. Consider Approval of Warrant Register [SA] 21

5. Consider Receiving and Filing of Treasurer’s Report [MHC] 22

6. Consider Approval of Warrant Register [MHC] 23

7. Consider Receiving and Filing of Treasurer’s Report [MHA] 24

8. Consider Approval of Warrant Register [MHA] 25

9. Consider Directing Staff to Review the City’s Conflict of Interest Code and to Submit the 2024 Biennial Notice to the City Council On or Before October 1, 2024, Pursuant to the Political Reform Act [CC] 26

10. Consider Authorizing a $15,000 Appropriation from the Federal Asset Forfeiture Fund for Cellular Data Service for Command Staff Laptops and In–Car Camera Routers [CC] 29

11. Consider Declaring Holmatro Power Tools as Surplus and Available for Donation to the Huatabampo Fire Department in Sonora, Mexico [CC] 31 C. Agreements

1. Consider Approval of Amendment No. 2 to Agreement No. 22–100 with the San Bernardino County District Attorney’s Office to Station a Victim’s Advocate at the Police Department Through the 2024–25 Fiscal Year, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] 32

2. Consider Approval of Agreement No. 24–38 with All City Management Services, Inc. for School Crossing Guard Services for Fiscal Year 2024–25, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] 35

3. Consider Approval of Agreement No. 24–40 with Chaffey Joint Union High School District for Specialized Law Enforcement Services During Fiscal Year 2024–25 [CC] 43

4. Consider Approval of Agreement No. 24–41 with Ontario–Montclair School District for Specialized Law Enforcement Services During Fiscal Year 2024–25 [CC] 48

5. Consider Approval of Agreement No. 24–42 with Consolidated Fire Agencies of San Bernardino County (CONFIRE) for Continued Dispatch and Communication Services, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] 53

6. Consider Approval of Agreement No. 24–44 with Econolite Systems for Traffic Signal Maintenance Services, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] 70

7. Consider Approval of Agreement No. 24–45 with AGA Engineers for Traffic Engineering Services, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] 74
MONTCLAIR CITY COUNCIL MEETING – 06/03/2024 Page 2 of 223 Page No.

D. Resolutions

1. Consider Adoption of Resolution No. 24–3437 Adopting a Records and Information Management Program Policy and Record Retention Schedules Together as the City of Montclair’s Official Records Management Program [CC] 115

2. Consider Adoption of Resolution No. 24–3438 Authorizing Placement of Liens on Certain Properties for Delinquent Sewer and Trash Charges [CC] 207 IX. PULLED CONSENT CALENDAR ITEMS
X. COMMUNICATIONS
A. Department Reports — None
B. City Attorney

1. Request for City Council to Meet in Closed Session Pursuant to Government Code §54956.9(d)(4) Regarding Potential Litigation [CC] One Potential Case

2. Request for City Council to Meet in Closed Session Pursuant to Government Code §54957.6 Regarding Conference with Designated Labor Negotiator Edward C. Starr [CC]
Agency: City of Montclair
Employee Management Employees
Associations: Montclair City Confidential Employees Association General Employees – Teamsters Local 1932
Montclair Fire Fighters Association
Montclair Police Officers Association
C. City Manager/Executive Director
D. Mayor/Chairperson
E. Council Members/Directors
F. Committee Meeting Minutes (for informational purposes only)

1. Public Works Committee Meeting — January 18, 2024 [CC] 213

2. Personnel Committee Meeting — May 6, 2024 [CC] 216
XI. CLOSED SESSSION
XII. CLOSED SESSION ANNOUNCEMENTS
XIII. ADJOURNMENT – This meeting will be adjourned in memory of Loren Pettis, Montclair’s Fire Chief from 1983–1993.

The next regular joint meeting of the City Council, Successor Agency Board, Montclair Housing Corporation Board, Montclair Housing Authority Commission, and Montclair Community Foundation Board will be held on Monday, June 17, 2024 at 7:00 p.m.

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

If you need special assistance to participate in this meeting, call the City Clerk’s Office at (909) 625–9416 or e–mail [email protected]. Notification prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35.102–35.104 ADA Title II) I, Andrea M. Myrick, City Clerk, hereby certify that I posted, or caused to be posted, a copy of this Agenda not less than 72 hours prior to this meeting on the City’s website at https://www.cityofmontclair.org/agendas/ and on the bulletin board adjacent to the north door of Montclair City Hall at 5111 Benito Street, Montclair, CA 91763 on Thursday, May 30, 2024.

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MONTCLAIR CITY COUNCIL MEETING – 06/03/2024 Page 3 of 223

CITY COUNCIL

AGENDA REPORT
DATE: JUNE 3, 2024
SECTION: PUBLIC HEARINGS
ITEM NO.: A
FILE I.D.: CDV110
DEPT.: COMMUNITY DEV.

PREPARER: M. DIAZ
SUBJECT: FIRST READING — CONSIDER ORDINANCE NO. 24–1006 AMENDING THE ZONING CODE AND REPEALING AND REPLACING CHAPTER 11.23 OF THE MONTCLAIR

MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS IN RESIDENTIAL ZONES (CASE NO. 2024–21)

CONSIDER SETTING A PUBLIC HEARING FOR SECOND READING AND TO CONSIDER ADOPTION OF ORDINANCE NO. 24–1006 ON MONDAY, JUNE 17, 2024, AT 7:00 P.M. IN THE CITY COUNCIL CHAMBERS
REASON FOR CONSIDERATION: City Council action is required to amend the Montclair Municipal Code (MMC) and the Zoning Code. Proposed Ordinance No. 24–1006 would make changes to the MMC and update local regulations in compliance with Government Code section 66310 et seq. related to Accessory Dwelling Units (ADU) and Junior Accessory dwelling Units (JADU) constructed in the City.

The purpose for proposed Ordinance No. 24–1006 is to update the Montclair Municipal Code to be consistent with recent State legislation regarding Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) developed within the City. The ordinance complies with Government Code Section 65310 et seq., as amended by recent legislation, including SB 897.

A copy of proposed Ordinance No. 24–1006 is attached to this report for City Council review and consideration.

BACKGROUND: Pursuant to California Government Code Section 66316, local ordinances that fail to meet the requirements of State ADU/JADU Laws are considered null and void in their entirety, and the local jurisdiction will thereafter be limited to only applying State Law standards without local refinements to all local ADU and JADU development projects. The proposed Ordinance would provide updated City procedures and development standards for ADUs and JADUs that are consistent with State Law.

Notable elements of the updated ordinance regarding ADUs and JADUs include the following:
 ADU law applies to all single family and multifamily zoning districts. Code–compliant ADUs and JADUs must be allowed on any lot that includes a single–family dwelling unit, and on lots containing multifamily dwelling units.  Size of ADUs:
o The minimum size requirements a local agency can impose for ADUs is 850 square feet if one bedroom, or 1000 square feet if two or more bedrooms. In addition, local agencies cannot impose restrictions that would prohibit construction of an 800 square–foot ADU.
o JADUs are limited to a maximum of 500 square feet.
o Attached ADUs cannot exceeding 50% of the habitable space of the primary unit.

MONTCLAIR CITY COUNCIL MEETING – 06/03/2024 Page 4 of 223  Enclosed spaces/uses within a proposed or existing single–family residence, such as attached garages, are considered part of the primary single–family residence.  An increase in the height limits for some ADUs. Specifically, an increased maximum height limit for ADUs that are within half a mile of a major transit stop or high–quality transit corridor from 16 feet to 18 feet. An increase in height limit up to 25 feet may be allowed for an attached ADU to the primary dwelling, but cannot not exceed two stories.
 Minimum side and rear yard setbacks for ADUs are reduced to 4 feet, but front yard and street side setbacks may be maintained per zoning standards, unless otherwise necessary to accommodate placement of an 800 square–foot ADU. Existing non– conforming structures are permitted to maintain their nonconforming setbacks if converted to an ADU.
 Clarifies that installation of fire sprinklers in an ADU will not be required if fire sprinklers are not required for the primary dwelling unit, and further clarifies that construction of an ADU, by itself, will not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
 Generally, one off–street parking space is required for each ADU and tandem parking may be proposed to meet this requirement. The City is prohibited from imposing any parking standards on an ADU, in the following instances:
o The ADU is within a half–mile walking distance of public transit, an architecturally or historically significant historic district, is part of a proposed or existing primary residence, or
o If on–street parking permits are required but not offered to the occupant of the ADU, or
o If a car share vehicle is located within one block of the ADU.  Replacement parking cannot be required when a garage, carport, or covered parking structure is demolished to accommodate the construction of an ADU or is converted to an ADU.
 An ADU or JADU cannot be denied due to nonconforming zoning conditions, building code violations or unpermitted structures that do not present an immediate threat to public health and safety. Moreover, a local agency may not deny a permit for an unpermitted ADU constructed prior to January 1, 2018, due to a violation of building standards unless the local agency makes a finding that correcting the violation is necessary to protect the health and safety of the public or occupants of the structure.  Requires the City to approve or deny an application for an ADU or JADU within 60 days of receiving a completed application. The law also requires the City to justify with a full set of detailed comments describing the deficiencies in the application and explaining how to remedy them.
 Requires local ordinances only impose objective development standards on ADUs.

The following Objective Design Standards are included in the proposed local ordinance:
o The architectural style of the ADU shall match the existing residence, to include roof pitch, exterior building materials, colors, and finishes. o Separate exterior entrances apart from that of the primary dwelling. o Walls and windows shall be placed to maximize privacy.

MONTCLAIR CITY COUNCIL MEETING – 06/03/2024 Page 5 of 223 o Rooftop decks are prohibited.
o Exterior lights shielded and directed downward.
o Landscaping.
 An ADU or JADU may be rented, but not for a term shorter than 30 days. Further, an ADU or JADU cannot be sold or otherwise conveyed separately.  Owner occupancy is not required for an ADU created on or after January 20, 2020.

However, the owner occupancy requirement applies to all JADUs.  Upon approval of the ordinance, deed restrictions for ADUs and JADUs will be required.
 Certain income reporting requirements related to ADUs and JADUs that will be rented, in order to facilitate the City’s obligation to identify adequate sites for housing in accordance with Government Code sections 65583.1 and 65852.2.

PLANNING COMMISSION REVIEW: The Planning Commission considered the proposed Ordinance during a noticed public hearing at its regular meeting on May 13, 2024. After reviewing the staff report and draft ordinance, and opening the hearing for public testimony (no public comments were received), the Planning Commission, by a vote of 4–1, recommended City Council approval of the proposed Ordinance per Planning Commission Resolution No. 24–1995. During the public hearing, Commissioner Mendez expressed opposition to allowing ADUs being developed without requiring sufficient parking. The City Attorney clarified that an uncovered on–site parking space was still a requirement.

PUBLIC NOTICE: Notice of this City Council public hearing was published in the Inland Valley Daily Bulletin on May 24, 2024. The notice meets the legal notice requirements and is adequate in scope for this project. No public comments were received prior to or during the Planning Commission review, nor have any been submitted to date.

ENVIRONMENTAL REVIEW: Under Section 21080.17 of the California Public Resources Code (PRC), adoption of the proposed Ordinance is statutorily exempt from the California Environmental Quality Act (CEQA). Under PRC Section 21080.17, CEQA does not apply to the adoption of an ordinance by a city or county to implement the provisions of Section 66310 et seq. of the Government Code (State ADU law). The proposed Ordinance implements Government Code Section 66310 et seq. within the City of Montclair in a manner that is consistent with the requirements of State ADU law.

FISCAL IMPACT: The cost for review of future ADU and JADU proposals will be borne by property owners (applicants) at the fee established for review and permits as listed on the City’s Master User Fee Schedule, which is approved and amended from time to time by the City Council.

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

1. Conduct first reading of Ordinance No. 24–1006 amending the Zoning Code and repealing and replacing Chapter 11.23 of the Montclair Municipal Code relating to Accessory Dwelling Units and Junior Accessory Dwelling Units in residential zones (Case No. 2024–21); and

2. Set a public hearing for second reading and to consider adoption of Ordinance No. 24–1006 on Monday, June 17, 2024, at 7:00 p.m. in the City Council Chambers.

MONTCLAIR CITY COUNCIL MEETING – 06/03/2024 Page 6 of 223 FIRST

READING
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Ordinance No. 24–1006 Page 1 of 11
ORDINANCE NO. 24–1006

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MONTCLAIR ADOPTING ZONING CODE AMENDMENT NO. 2024–21
TO REPEAL AND REPLACE CHAPTER 11.23 OF THE MONTCLAIR

MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS
(ADUs) AND JUNIOR ACCESSORY DWELLING UNITS (JADUs) IN THE

CITY OF MONTCLAIR AND DETERMINING THE ORDINANCE TO BE

EXEMPT FROM CEQA
WHEREAS, the City of Montclair, California (“City”) is a municipal corporation duly organized under the constitution and laws of the State of California; and WHEREAS, Planning and Zoning Law authorizes cities to act by ordinance to provide for the creation and regulation of accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”); and
WHEREAS, the State has identified housing shortage as an issue of statewide significance, and the California Legislature has enacted a series of laws to take steps to streamline the production of housing. The proposed Ordinance would provide updated City procedures and development standards for ADUs and JADUs that are consistent with State law; and
WHEREAS, the California Legislature approved, and the Governor signed into law Senate Bill 897 (“SB 897”) to further amend Government Code sections 65852.2 and 65852.22 relating ADUs and JADUs in the State; and
WHEREAS, SB 897 requires that the City amend its existing ADU ordinance to comply with the new provisions of SB 897; and
WHEREAS, State law requires that the City deem ADUs to be “a residential use that is consistent with the existing general plan and zoning designation” (Government Code Section 65852.2(a)(1)(C)); and
WHEREAS, the City desires to amend its local regulatory scheme for the construction of ADUs and JADUs to comply with the amended provisions of Government Code sections 65852.2 and 65852.22; and
WHEREAS, staff, special counsel, and the City Attorney prepared this Resolution and the proposed Zoning Code Amendment No. 2024–21, including the proposed language and terminology, and any additional information and documents deemed necessary for the Planning Commission to take action; and WHEREAS, proposed Ordinance No. 24–1006 is statutorily exempt from the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines under Public Resources Code section 21080.17 and CEQA Guidelines Section 15282(h), which provide that the adoption of an ordinance regarding ADUs by a city to implement Government Code Section 65852.2 is statutorily exempt from CEQA; and WHEREAS, on May 3, 2024, the City gave public notice of the public hearing on the proposed ordinance before the Planning Commission in the Inland Daily Bulletin, a newspaper of general circulation; and
WHEREAS, on May 13, 2024, the Planning Commission held a public hearing and considered the staff report, recommendations by staff, and public testimony concerning the proposed ordinance; and
WHEREAS, on May 13, 2024, the Planning Commission, by a vote of 4 to X, passed Planning Commission Resolution No. 24–1995 recommending City Council adoption of Ordinance No. 24–1006 to repeal and replace Chapter 11.23 of the Montclair Municipal Code, relating to ADUs and JADUs; and
WHEREAS, on May 24, 2024, the City gave public notice of the public hearing for proposed Ordinance No. 24–1006 by publishing notice in the Inland Daily Bulletin, a newspaper of general circulation a newspaper of general circulation; and WHEREAS, on June 3, 2024, the City Council held a duly–noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning proposed Ordinance No. 24–1006; and
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READING
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Ordinance No. 24–1006 Page 2 of 11
WHEREAS, all other legal prerequisites to the adoption of this Ordinance have been satisfied.

NOW, THEREFORE, the City Council of the City of Montclair does ordain as follows:

Section I. The recitals above are each incorporated by reference and adopted as findings by the City Council.

Section II. Under California Public Resources Code section 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or county implementing the provisions of section 65852.2 of the Government Code, which is California’s ADU law and which also regulates JADUs, as defined by section 65852.22. Therefore, the City Council finds that this Ordinance is statutorily exempt from CEQA in that the Ordinance implements the State’s ADU law.

Section III. The City Council hereby adopts Zoning Code Amendment 24–1006, and Chapter 11.23 of the Montclair Municipal Code is hereby repealed and replaced to read in its entirety as provided in Exhibit A, attached hereto and incorporated herein by this reference.

Section IV. This Ordinance takes effect thirty (30) days after its adoption.

Section V. The City Clerk shall either: (a) have this Ordinance published in a newspaper of general circulation within 15 days after its adoption or (b) have a summary of this Ordinance published twice in a newspaper of general circulation within 15 days after its adoption.

Section VI. The City Clerk shall submit a copy of this Ordinance to the Department of Housing and Community Development within 60 days after adoption.

Section VII. If any provision of this Ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof.

APPROVED AND ADOPTED this XX day of XX, 2024.

Mayor
ATTEST:

City Clerk
I, Andrea M. Myrick, City Clerk of the City of Montclair, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance No. 24–1006 of said City, which was introduced at a meeting of the City Council held on the XX day of XX, 2024, and finally passed not less than five (5) days thereafter at a regular meeting of the City Council on the XX day of XX, 2024, by the following vote, to–wit:

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

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READING
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Ordinance No. 24–1006 Page 3 of 11
Exhibit A – Updated ADU Regulations
Chapter 11.23 – ACCESSORY DWELLING UNITS
Section 11.23.000 Accessory Dwelling Units
(a) Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code section 66310 et seq., as amended. (b) Effect of Conforming. An ADU or JADU that conforms to the standards in this Section will not be:
(1) Deemed to be inconsistent with the City’s general plan and zoning designation for the lot on which the ADU or JADU is located. (2) Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.
(3) Considered in the application of any local ordinance, policy, or program to limit residential growth.
(4) Required to correct a nonconforming zoning condition, as defined in subsection (c)(7) below. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code section 17980.12.
(c) Definitions. As used in this Section, terms are defined as follows:
(1) “Accessory dwelling unit” or “ADU” means an attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:
(A) An efficiency unit, as defined by section 17958.1 of the California Health and Safety Code; and
(B) A manufactured home, as defined by section 18007 of the California Health and Safety Code.
(2) “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
(3) “Complete independent living facilities” means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single–family or multifamily dwelling is or will be situated. (4) “Efficiency kitchen” means a kitchen that includes all of the following:
(A) A cooking facility with appliances.
(B) A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.
(5) “Junior accessory dwelling unit” or “JADU” means a residential unit that satisfies all of the following:
(A) It is no more than 500 square feet in size.
(B) It is contained entirely within an existing or proposed single–family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single–family structure.
(C) It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single–family structure. (D) If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing MONTCLAIR CITY COUNCIL MEETING – 06/03/2024 Page 9 of 223 FIRST

READING
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Ordinance No. 24–1006 Page 4 of 11
or proposed single–family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.
(E) It includes an efficiency kitchen, as defined in subsection (c)(4) above.
(6) “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
(7) “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards. (8) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU. (9) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting. (10) “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
(11) “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. (d) Approvals. The following approvals apply to ADUs and JADUs under this section:
(1) Building permit Only. If an ADU or JADU complies with each of the general requirements in subsection (e) below, it is allowed with only a building permit in the following scenarios:
(A) Converted on Single–family Lot: One ADU as described in this subsection (d)(1)(A) and one JADU on a lot with a proposed or existing single–family dwelling on it, where the ADU or JADU:
(i) Is either: within the space of a proposed single–family dwelling, within the existing space of an existing single– family dwelling, or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to
accommodating ingress and egress; and
(ii) Has exterior access that is independent of that for the single– family dwelling; and
(iii) Has side and rear setbacks that are sufficient for fire and safety, as dictated by applicable building and fire codes. (iv) The JADU complies with the requirements of Government Code sections 66333 through 66339, as amended.
(B) Limited Detached on Single–family Lot: One detached, new– construction ADU on a lot with a proposed or existing single–family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection (d)(1)(A) above), if the detached ADU satisfies each of the following limitations:
(i) The side– and rear–yard setbacks are at least four feet. (ii) The total floor area is 800 square feet or smaller. (iii) The peak height above grade does not exceed the applicable height limit in subsection (e)(2) below.
(C) Converted on Multifamily Lot: One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each MONTCLAIR CITY COUNCIL MEETING – 06/03/2024 Page 10 of 223 FIRST

READING
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Ordinance No. 24–1006 Page 5 of 11
converted ADU complies with state building standards for dwellings.

Under this subsection (d)(1)(C), at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units. (D) Limited Detached on Multifamily Lot: No more than two detached ADUs on a lot that has an existing or proposed multifamily dwelling if each detached ADU satisfies both of the following limitations:
(i) The side– and rear–yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the City will not require any
modification to the multifamily dwelling as a condition of approving the ADU.
(ii) The peak height above grade does not exceed the applicable height limit provided in subsection (e)(2) below.
(2) ADU Permit.
(A) Except as allowed under subsection (d)(1) above, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in subsections (e) and (f) below. (B) The City may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the City’s ADU ordinance. The ADU permit processing fee is determined by the Director of Community Development and approved by the City Council by resolution.
(3) Process and Timing.
(A) An ADU permit is considered and approved ministerially without discretionary review or a hearing.
(B) The City must approve or deny an application to create an ADU or JADU within 60 days from the date that the City receives a completed application. If the City has not approved or denied the completed application within 60 days, the application is deemed approved unless either:
(i) The applicant requests a delay, in which case the 60–day time period is tolled for the period of the requested delay, or (ii) When an application to create an ADU or JADU is submitted with a permit application to create a new single–family or multifamily dwelling on the lot, the City may delay acting on the permit application for the ADU or JADU until the City acts on the permit application to create the new single–family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without
discretionary review or a hearing.
(C) If the City denies an application to create an ADU or JADU, the City must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60–day time period established by subsection (d)(3)(B) above.
(D) A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.
(e) General ADU and JADU Requirements. The following requirements apply to all ADUs and JADUs that are approved under subsections (d)(1) or (d)(2) above:
(1) Zoning.

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(A) An ADU or JADU subject only to a building permit under subsection (d)(1) above may be created on a lot in a residential or mixed–use zone.
(B) An ADU or JADU subject to an ADU permit under subsection (d)(2) above may be created on a lot that is zoned to allow single–family dwelling residential use or multifamily dwelling residential use. (C) In accordance with Government Code section 66333, as amended, a JADU may only be created on a lot zoned for single–family residences.
(2) Height.
(A) Except as otherwise provided by subsections 0 and 0 below, a detached ADU created on a lot with an existing or proposed single– family or multifamily dwelling unit may not exceed 16 feet in height.

A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single–family or multifamily dwelling unit that is located within one–half mile walking distance of a major transit stop or a high–quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
(B) A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.
(C) An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower.

Notwithstanding the foregoing, ADUs subject to this subsection (e)(2)(B) may not exceed two stories.
(D) For purposes of this subsection (e)(2), height is measured above the existing legal grade to the peak of the structure.
(3) Fire Sprinklers.
(A) Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.
(B) The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. (4) Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created.
(5) No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code sections 66340 and 66341, as amended, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single–family lot) or from the lot and all of the dwellings (in the case of a multifamily lot). (6) Owner Occupancy.
(A) ADUs created under this Section on or after January 1, 2020, are not subject to an owner–occupancy requirement.
(B) As required by state law, all JADUs are subject to an owner– occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person’s legal domicile and permanent residence. However, the owner–occupancy requirement in this subsection (e)(6)(B) does not apply if the property is entirely owned MONTCLAIR CITY COUNCIL MEETING – 06/03/2024 Page 12 of 223 FIRST

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by another governmental agency, land trust, or housing
organization.
(7) Deed Restriction. Prior to the issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder’s office, and a copy must be filed with the Director of Community Development or his designee. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the City and must provide that:
(A) Except as otherwise provided in Government Code sections 66340 and 66341, as amended, the ADU or JADU may not be sold
separately from the primary dwelling.
(B) The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.
(C) The deed restriction runs with the land and may be enforced against future property owners.
(D) The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, the removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request to the Director, providing evidence that the ADU or JADU has, in fact, been eliminated. The Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the Director’s determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code. (E) The deed restriction is enforceable by the director or his or her designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit. (8) Income Reporting. In order to facilitate the City’s obligation to identify adequate sites for housing in accordance with Government Code sections 65583.1 and 65852.2, as amended, the following requirements must be satisfied:
(A) With the building permit application, the applicant must provide the City with an estimate of the projected annualized rent that will be charged for the ADU or JADU.
(B) Within 90 days after each yearly anniversary of the issuance of the building permit, the owner must report the actual rent charged for the ADU or JADU during the prior year. If the City does not receive the report within the 90–day period, the owner is in violation of this Code, and the City may send the owner a notice of violation and allow the owner another 30 days to submit the report. If the owner fails to submit the report within the 30–day period, the City may enforce this provision in accordance with applicable law. (9) Building & Safety.
(A) Must comply with building code. Subject to subsection (e)(9)(B) below, all ADUs and JADUs must comply with all local building code requirements.
(B) No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the Building Official makes a written finding based on substantial evidence in the record that the construction of the ADU MONTCLAIR CITY COUNCIL MEETING – 06/03/2024 Page 13 of 223 FIRST

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could have a specific, adverse impact on public health and safety.

Nothing in this subsection (e)(9)(B) prevents the City from changing the occupancy code of a space that was uninhabitable space or that was only permitted for non–residential use and was subsequently converted for residential use in accordance with this section. (f) Specific ADU Requirements. The following requirements apply only to ADUs that require an ADU permit under subsection (d)(2) above.
(1) Maximum Size.
(A) The maximum size of a detached or attached ADU subject to this subsection (f) is 850 square feet for a studio or one–bedroom unit and 1,000 square feet for a unit with two or more bedrooms. (B) An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling.
(C) Application of other development standards in this subsection (f), such lot coverage, might further limit the size of the ADU, but no application of the percent–based size limit in subsection (f)(1)(B) above, front setback, lot coverage limit, or open–space requirement may require the ADU to be less than 800 square feet.
(2) Setbacks.
(A) An ADU that is subject to this subsection (f) must conform to a 25– foot front–yard setback, subject to subsection (f)(1)(C) above. (B) An ADU that is subject to this subsection (f) must conform to 4–foot side– and rear–yard setbacks.
(C) No setback is required for an ADU that is subject to this subsection (f) if the ADU is constructed in the same location and to the same dimensions as an existing structure.
(3) Lot Coverage. No ADU subject to this subsection (f) may cause the total lot coverage of the lot to exceed 35 percent, subject to subsection (f)(1)(C) above.
(4) Minimum Open Space. No ADU subject to this subsection (f) may cause the total percentage of open space of the lot to fall below 1,000 square feet, subject to subsection (f)(1)(C) above.
(5) Passageway. No passageway, as defined by subsection (c)(8) above, is required for an ADU.
(6) Parking.
(A) Generally. One off–street parking space is required for each ADU.

The parking space may be provided in setback areas or as tandem parking, as defined by subsection (c)(11) above.
(B) Exceptions. No parking under subsection (f)(6)(A) is required in the following situations:
(i) The ADU is located within one–half mile walking distance of public transit, as defined in subsection (c)(10) above. (ii) The ADU is located within an architecturally and historically significant historic district.
(iii) The ADU is part of the proposed or existing primary residence or an accessory structure under subsection
(d)(1)(A) above.
(iv) When on–street parking permits are required but not offered to the occupant of the ADU.

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(v) When there is an established car share vehicle stop located within one block of the ADU.
(vi) When the permit application to create an ADU is submitted with an application to create a new single–family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections (f)(6)(B)(i) through (v) above.
(C) No Replacement. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off–street parking spaces are not required to be replaced.
(7) Architectural Requirements.
(A) The materials and colors of the exterior walls, roof, windows, and doors must match the appearance and architectural design of those of the primary dwelling.
(B) The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.
(C) The exterior lighting must be limited to down–lights or as otherwise required by the building or fire code.
(D) The ADU must have an independent exterior entrance apart from that of the primary dwelling.
(E) The interior horizontal dimensions of an ADU must be at least 10 feet wide in every direction, with a minimum interior wall height of seven feet.
(F) Windows and doors of the ADU may not have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.
(G) All windows and doors in an ADU are less than 30 feet from a property line that is not a public right–of–way line must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
(8) Landscape Requirements. Evergreen landscape screening must be planted and maintained between the ADU and adjacent parcels as follows:
(A) At least one 15–gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one 24” box–size plant shall be provided for every ten linear feet of exterior wall. (B) Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least 6 feet in height may be installed. (C) All landscaping must be drought–tolerant and conform with water conservation standards.
(9) Protections. An ADU that is on or within 600 feet of real property and is listed in the California Register of Historic Resources must be located so as not to be visible from any public right–of–way.
(g) Fees. The following requirements apply to all ADUs that are approved under subsections (d)(1) or (d)(2) above.
(1) Impact Fees.
(A) No impact fee is required for an ADU that is less than 750 square feet in size. For purposes of this subsection (g)(1), “impact fee” means a “fee” under the Mitigation Fee Act (Gov. Code § 66000(b)) MONTCLAIR CITY COUNCIL MEETING – 06/03/2024 Page 15 of 223 FIRST

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and a fee under the Quimby Act (Gov. Code § 66477). “Impact fee” here does not include any connection fee or capacity charge for water or sewer service.
(B) Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.)
(2) Utility Fees.
(A) If an ADU is constructed with a new single–family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.
(B) Except as described in subsection (g)(2)(A), converted ADUs on a single–family lot that are created under subsection (d)(1)(A) above are not required to have a new or separate utility connection directly between the ADU and the utility. Nor is a connection fee or capacity charge required.
(C) Except as described in subsection (g)(2)(A), all ADUs that are not covered by subsection (g)(2)(B) require a new, separate utility connection directly between the ADU and the utility.
(i) The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of
drainage–fixture units (DFU) values, as defined by the
Uniform Plumbing Code, upon the water or sewer system.
(ii) The portion of the fee or charge that is charged by the City may not exceed the reasonable cost of providing this service. (h) Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.
(1) Generally. The City will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU. (2) Unpermitted ADUs constructed before 2018.
(A) Permit to Legalize. As required by state law, the City may not deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if denial is based on either of the following grounds:
(i) The ADU violates applicable building standards, or
(ii) The ADU does not comply with the state ADU law
(Government Code section 66310 et seq. [as amended]) or this ADU ordinance (Section 11.23.000).
(B) Exceptions:
(i) Notwithstanding subsection (h)(2)(A) above, the City may deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if the City makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure.
(ii) Subsection (h)(2)(A) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code section 17920.3.

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(i) Nonconforming ADUs and Discretionary Approval. Any proposed ADU or JADU that does not conform to the objective standards set forth in subsections (a) through (h) of this section may be allowed by the City with a conditional use permit, in accordance with Chapter 11.78.

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CITY COUNCIL

AGENDA REPORT
DATE: JUNE 3, 2024
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 1
FILE I.D.: FIN520
DEPT.: FINANCE
PREPARER: J. KULBECK
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The City Council is requested to consider receiving and filing the City of Montclair Treasurer's Report for the month ending April 30, 2024.

BACKGROUND: Included in the City Council’s agenda packet is a copy of the Treasurer's Report for the period ending April 30, 2024.

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

RECOMMENDATION: Staff recommends the City Council receive and file the Treasurer's Report for the month ending April 30, 2024.

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CITY COUNCIL

AGENDA REPORT
DATE: JUNE 3, 2024
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 2
FILE I.D.: FIN540
DEPT.: FINANCE
PREPARER: A. VONG/V. FLORES
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTER AND PAYROLL DOCUMENTATION REASON FOR CONSIDERATION: The City Council is requested to consider approval of the Warrant Register and Payroll Documentation.

BACKGROUND: Mayor Pro Tem Johnson has examined the Warrant Register dated May 20, 2024; the Warrant Register dated June 3, 2024; the Payroll Documentation dated May 5, 2024; and the Payroll Documentation dated May 19, 2024, and recommends their approval.

FISCAL IMPACT: The Warrant Register dated May 20, 2024, totals $3,773,387.94.

The Warrant Register dated June 3, 2024, totals $1,223,663.38.

The Payroll Documentation dated May 5, 2024, totals $845,337.34 gross, with $603,936.52 net being the total cash disbursement.

The Payroll Documentation dated May 19, 2024, totals $878,206.78 gross, with $623,190.51 net being the total cash disbursement.

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

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CITY COUNCIL

AGENDA REPORT
DATE: JUNE 3, 2024
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 3
FILE I.D.: FIN510
DEPT.: SA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The City Council acting as Successor to the Redevelopment Agency Board of Directors (Successor Agency Board) is requested to consider receiving and filing the Successor to the Redevelopment Agency Treasurer's Report for the month ending April 30, 2024, pursuant to state law.

BACKGROUND: Included in the Successor Agency Board’s agenda packet is a copy of the Successor to the Redevelopment Agency Treasurer's Report for the period ending April 30, 2024.

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

RECOMMENDATION: Staff recommends the Successor Agency Board receive and file the Successor to the Redevelopment Agency Treasurer's Report for the month ending April 30, 2024.

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CITY COUNCIL

AGENDA REPORT
DATE: JUNE 3, 2024
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 4
FILE I.D.: FIN530
DEPT.: SA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTER
REASON FOR CONSIDERATION: The City Council acting as Successor to the Redevelopment Agency Board of Directors is requested to consider receiving and filing the Successor to the Redevelopment Agency Warrant Register for the month ending April 30, 2024, pursuant to state law.

BACKGROUND: Vice Chair Johnson has examined the Successor to the Redevelopment Agency Warrant Register dated 04.01.24-04.30.24 in the amounts of $4,592.45 for the Combined Operating Fund and $0.00 for the Redevelopment Obligation Retirement Funds, and finds it to be in order.

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

RECOMMENDATION: Vice Chair Johnson recommends the City Council as Successor to the Redevelopment Agency Board of Directors approve the Successor to the Redevelopment Agency Warrant Register for the period ending April 30, 2024.

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CITY COUNCIL

AGENDA REPORT
DATE: JUNE 3, 2024
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 5
FILE I.D.: FIN525
DEPT.: MHC
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The Montclair Housing Corporation Board of Directors is requested to receive and file the Montclair Housing Corporation Treasurer's Report for the month ending April 30, 2024, pursuant to state law.

BACKGROUND: Included in the Montclair Housing Corporation Board agenda packet is a copy of the Treasurer's Report for the period ending April 30, 2024.

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

RECOMMENDATION: Staff recommends the Montclair Housing Corporation Board of Directors receive and file the Treasurer's Report for the month ending April 30, 2024.

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CITY COUNCIL

AGENDA REPORT
DATE: JUNE 3, 2024
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 6
FILE I.D.: FIN545
DEPT.: MHC
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTER
REASON FOR CONSIDERATION: The Montclair Housing Corporation Board of Directors is requested to consider receiving and filing the Warrant Register for the month ending April 30, 2024, pursuant to state law.

BACKGROUND: Vice Chair Johnson has examined the Warrant Register dated 04.01.24–

04.30.24 in the amount of $66,310.07 for the Montclair Housing Corporation and finds it to be in order.

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

RECOMMENDATION: Vice Chair Johnson recommends the Montclair Housing Corporation Board of Directors approve the Warrant Register for the period ending April 30, 2024.

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CITY COUNCIL

AGENDA REPORT
DATE: JUNE 3, 2024
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 7
FILE I.D.: FIN525
DEPT.: MHA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The Montclair Housing Authority Commission is requested to receive and file the Montclair Housing Authority Treasurer's Report for the month ending April 30, 2024, pursuant to state law.

BACKGROUND: Included in the Montclair Housing Authority Commission’s agenda packet is a copy of the Treasurer's Report for the period ending April 30, 2024.

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

RECOMMENDATION: Staff recommends the Montclair Housing Authority Commission receive and file the Treasurer's Report for the month ending April 30, 2024.

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CITY COUNCIL

AGENDA REPORT
DATE: JUNE 3, 2024
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 8
FILE I.D.: FIN545
DEPT.: MHA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTER
REASON FOR CONSIDERATION: The Montclair Housing Authority Commission is requested to consider receiving and filing the Warrant Register for the month ending April 30, 2024, pursuant to state law.

BACKGROUND: Vice Chair Johnson has examined the Warrant Register dated 04.01.24–

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

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

RECOMMENDATION: Vice Chair Johnson recommends the Montclair Housing Authority Commission approve the Warrant Register for the period ending April 30, 2024.

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CITY COUNCIL

AGENDA REPORT
DATE: JUNE 3, 2024
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 9
FILE I.D.: FPP150
DEPT.: ADMIN. SVCS.

PREPARER: A. MYRICK
SUBJECT: CONSIDER DIRECTING STAFF TO REVIEW THE CITY’S CONFLICT OF INTEREST CODE AND TO SUBMIT THE 2024 BIENNIAL NOTICE TO THE CITY COUNCIL ON OR BEFORE OCTOBER 1, 2024, PURSUANT TO THE POLITICAL REFORM ACT
REASON FOR CONSIDERATION: The City Council is the designated code–reviewing body for the City’s Conflict of Interest Code (“Code”). It is necessary to review the Code on a biennial basis, which includes the filing of a Local Agency Biennial Notice and amending the Code to update the list of designated employees who are required to file Statements of Economic Interests and to incorporate any other necessary changes.

BACKGROUND: Pursuant to the Political Reform Act of 1974 (Government Code Section 8100, et seq.), all public agencies are required to adopt a Conflict of Interest Code. The Code designates positions annually required to file Fair Political Practices Commission (FPPC) Form 700 Statements of Economic Interest (“Form 700”), and assigns disclosure categories specifying the types of interests to be reported. The Form 700 is a public document intended to alert public officials and members of the public to the types of financial interests that may create conflicts of interest.

The City of Montclair’s Conflict of Interest Code, first adopted on October 4, 1976, contains the requirement that all City Council Members, Planning Commissioners, City Manager, City Attorney, and designated employees responsible for managing public investments annually file the Form 700. In addition, the Code requires there be a listing of designated employees who, by job title, “make or participate in the making of governmental decisions which may have a foreseeable material effect on financial interests.”
The Political Reform Act requires state and local government agencies to review their Conflict of Interest Code every even–numbered year to determine if it is accurate or, alternatively, to amend the Code if necessary. Before July 1, 2024, the City Council must direct staff to review the Conflict of Interest Code and to submit a Biennial Notice to the City Council no later than October 1, 2024. The blank Biennial Notice form is attached for reference. The City Council must adopt any proposed amendments to the Code within 90 days of filing the Biennial Notice.

Taking the recommended action would satisfy the requirement that the City Council direct staff to review the Code. Staff will submit the Biennial Notice to the City Council at a regular meeting in September, which will report the findings of staff’s review. If amendments to the Code are required, the City Council will be requested to adopt a resolution updating the Conflict of Interest Code.

FISCAL IMPACT: There would be no fiscal impact associated with providing direction to staff as recommended.

RECOMMENDATION: Staff recommends the City Council direct staff to review the Conflict of Interest Code and file the 2024 Biennial Notice pursuant to the Political Reform Act.

MONTCLAIR CITY COUNCIL MEETING – 06/03/2024 Page 26 of 223 [email protected] 1.866.275.3772 or 916.322.5660
www.fppc.ca.gov FPPC • 076-04.2024 • Page 1 of 1

FAIR POLITICAL PRACTICES COMMISSION
2024 Conflict of Interest Code
Biennial Notice Instructions for Local Agencies
The Political Reform Act requires every local government agency to review its conflict of interest code biennially. A conflict of interest code tells public officials, governmental employees, and consultants what financial interests they must disclose on their Statement of Economic Interests (Form 700).

By July 1, 2024: The code reviewing body must notify agencies and special districts within its jurisdiction to review their conflict of interest codes.

By October 1, 2024: The biennial notice must be filed with the agency’s code reviewing body.

The FPPC has prepared a 2024 Local Agency Biennial Notice form for local agencies to complete or send to agencies within its jurisdiction to complete before submitting to the code reviewing body. The City Council is the code reviewing body for city agencies. The County Board of Supervisors is the code reviewing body for county agencies and any other local government agency whose jurisdiction is determined to be solely within the county (e.g., school districts, including certain charter schools). The FPPC is the code reviewing body for any agency with jurisdiction in more than one county and will contact them.

The Local Agency Biennial Notice is not forwarded to the FPPC.

If amendments to an agency’s conflict of interest code are necessary, the amended code must be forwarded to the code reviewing body for approval within 90 days. An agency’s amended code is not effective until it has been approved by the code reviewing body.

If you answer yes, to any of the questions below, your agency’s code probably needs to be amended.
• Is the current code more than five years old?
• Have there been any substantial changes to the agency’s organizational structure since the last code was approved?
• Have any positions been eliminated or re-named since the last code was approved? • Have any new positions been added since the last code was approved? • Have there been any substantial changes in duties or responsibilities for any positions since the last code was approved?
If you have any questions or are still not sure if you should amend your agency’s conflict of interest code, please contact the FPPC. Additional information including an online webinar regarding how to amend a conflict of interest code is available on FPPC’s website.

MONTCLAIR CITY COUNCIL MEETING – 06/03/2024 Page 27 of 223 www.fppc.ca.gov
FPPC Advice: [email protected] (866.275.3772)

2024 Local Agency Biennial Notice
Name of Agency:

Mailing Address:

Contact Person: Phone No.

Email: Alternate Email:

Accurate disclosure is essential to monitor whether officials have conflicts of interest and to help ensure public trust in government. The biennial review examines current programs to ensure that the agency’s code includes disclosure by those agency officials who make or participate in making governmental decisions.

This agency has reviewed its conflict of interest code and has determined that (check one BOX):
 An amendment is required. The following amendments are necessary:
(Check all that apply.)
 Include new positions
 Revise disclosure categories
 Revise the titles of existing positions
 Delete titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions
 Other (describe)
 The code is currently under review by the code reviewing body.  No amendment is required. (If your code is over five years old, amendments may be necessary.)
Verification (to be completed if no amendment is required) This agency’s code accurately designates all positions that make or participate in the making of governmental decisions. The disclosure assigned to those positions accurately requires that all investments, business positions, interests in real property, and sources of income that may foreseeably be affected materially by the decisions made by those holding designated positions are reported. The code includes all other provisions required by Government Code Section 87302.
__________________________________________ _________________________ Signature of Chief Executive Officer Date
All agencies must complete and return this notice regardless of how recently your code was approved or amended. Please return this notice no later than October 1, 2024, or by the date specified by your agency, if earlier, to:
(PLACE RETURN ADDRESS OF CODE REVIEWING BODY HERE)
PLEASE DO NOT RETURN THIS FORM TO THE FPPC.

MONTCLAIR CITY COUNCIL MEETING – 06/03/2024 Page 28 of 223

CITY COUNCIL

AGENDA REPORT
DATE: JUNE 3, 2024
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 10
FILE I.D.: PDT360
DEPT.: POLICE
PREPARER: M. BUTLER
SUBJECT: CONSIDER AUTHORIZING A $15,000 APPROPRIATION FROM THE FEDERAL ASSET

FORFEITURE FUND FOR CELLULAR DATA SERVICE FOR COMMAND STAFF LAPTOPS AND IN–CAR CAMERA ROUTERS
REASON FOR CONSIDERATION: The City Council is requested to consider authorizing a $15,000 appropriation from the Federal Asset Forfeiture Fund for cellular data service for command staff laptops and in–car camera routers.

BACKGROUND: Command staff members have each been assigned a City laptop for use when away from the office. Montclair Police managers require laptops with cellular connectivity to ensure seamless access to their work desktop computers in the field or on–call during emergencies. This capability is crucial as it enables them to perform field investigations and conduct policing activities without interruption. In the high–stakes environment of law enforcement, timely access to information can mean the difference between life and death. Cellular connectivity ensures managers can retrieve critical data, communicate with team members, and access essential systems even in areas where traditional internet access is unavailable. This continuous connectivity enhances their ability to make informed decisions rapidly, coordinate effectively with other officers, and respond swiftly to incidents, thereby significantly improving public safety and operational efficiency. Additionally, the cellular service provides the assigned laptops with internet connectivity that allows managers access to their office computer files and City email anytime, anywhere through a secure virtual private network (VPN) tunnel.

Recently, the Police Department was awarded $800,000 from the Bureau of Justice Assistance (BJA) FY 2023 Byrne Discretionary Community Project Funding/Byrne Discretionary Grants Program to implement a Body–Worn Camera (BWC) Program. Along with purchasing BWCs, the Department also used grant funding to purchase new in–car cameras, which seamlessly integrate with the BWCs. By the end of April 2024, installation of the new in–car cameras was completed and officers were issued BWCs in an effort to improve the effectiveness of Montclair’s policing services and guarantee higher quality public service to build trust between the Department and the Montclair community. Routers with cellular data service are an integral part of the BWC Program.

The in–car cameras capture vital video and audio during patrols, serving as indispensable tools for evidence collection, training support, and ensuring transparency in police interactions. To maintain the integrity and accessibility of this critical data, the in–car cameras rely on cellular connectivity facilitated by external routers mounted in the trunks of police vehicles. These routers are essential for the seamless upload, backup, and retrieval of video and audio files, ensuring that all captured data is promptly and securely transmitted to the digital evidence management system. Given the high volume of data and the need for real–time access, the routers require unlimited cellular service. This continuous, unrestricted connectivity is crucial for upholding the highest accountability and operational efficiency standards, ensuring that evidence is always available when needed and that our police officers can be held to the utmost standards of transparency and professionalism.

MONTCLAIR CITY COUNCIL MEETING – 06/03/2024 Page 29 of 223 FISCAL IMPACT: Staff estimates the monthly cost would be $200 for cellular data service for five laptops and $1,000 a month for cellular data service for 25 in–car camera routers.

The service would be provided by Verizon Wireless, the City’s current wireless provider.

If authorized by the City Council, funding for cellular data service for command staff laptops and in–car camera routers would result in an appropriation from the Federal Asset Forfeiture Fund 1144 in the amount of $15,000 for Fiscal Year 2024–25.

RECOMMENDATION: Staff recommends the City Council authorize a $15,000 appropriation from the Federal Asset Forfeiture Fund for cellular data service for command staff laptops and in–car camera routers.

MONTCLAIR CITY COUNCIL MEETING – 06/03/2024 Page 30 of 223

CITY COUNCIL

AGENDA REPORT
DATE: JUNE 3, 2024
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 11
FILE I.D.: EQS054
DEPT.: FIRE
PREPARER: D. POHL
SUBJECT: CONSIDER DECLARING HOLMATRO POWER TOOLS AS SURPLUS AND AVAILABLE FOR

DONATION TO THE HUATABAMPO FIRE DEPARTMENT IN SONORA, MEXICO REASON FOR CONSIDERATION: The City Council is requested to declare Holmatro power tools as surplus and available for donation to the Huatabampo Fire Department in Sonora, Mexico.

BACKGROUND: The subject Holmatro power tools have reached their maximum lifespan, have been deemed unserviceable, and are no longer being used after being in service for over twenty years. The tools no longer meet the acceptable standards of the Montclair Fire Department, but can still be used by an agency that does not possess the means to purchase new power tools. The Montclair Fire Department has transitioned to battery powered rescue tools manufactured by Hurst. These tools have allowed the Fire Department to improve response times to accidents and emergencies. Upon being declared as surplus by the City Council, a representative of the Huatabampo Fire Department will pick up and transport the items to their agency. The items include:

Quantity Item
2 Holmatro Power Unit
2 Holmatro Spreaders
2 Holmatro Cutter
1 Holmatro Ram
4 Holmatro Hydraulic Hoses
The representative for the Huatabampo Fire Department has acknowledged the restrictions of the donation of these power tools from the City of Montclair’s Fire Department, and that the City of Montclair is not making any warranties or representations as to the condition of the items.

FISCAL IMPACT: Donating the listed items would have no fiscal impact on the City’s General Fund.

RECOMMENDATION: Staff recommends the City Council declare Holmatro power tools as surplus and available for donation to the Huatabampo Fire Department in Sonora, Mexico.

MONTCLAIR CITY COUNCIL MEETING – 06/03/2024 Page 31 of 223

CITY COUNCIL

AGENDA REPORT
DATE: JUNE 3, 2024
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 1
FILE I.D.: PDT175
DEPT.: POLICE
PREPARER: J. MICHEL
SUBJECT: CONSIDER APPROVAL OF AMENDMENT NO. 2 TO AGREEMENT NO. 22–100 WITH THE SAN BERNARDINO COUNTY DISTRICT ATTORNEY’S OFFICE TO STATION A VICTIM’S ADVOCATE AT THE POLICE DEPARTMENT THROUGH THE 2024–25 FISCAL

YEAR, SUBJECT TO ANY REVISIONS DEEMED NECESSARY BY THE CITY ATTORNEY REASON FOR CONSIDERATION: The City Council is requested to consider approval of Amendment No. 2 to Agreement No. 22–100 with the San Bernardino County District Attorney’s Office to station a Victim’s Advocate at the Police Department, extending the duration of the Agreement through June 30, 2025.

A copy of proposed Amendment No. 2 to Agreement No. 22–100 is attached for the City Council’s review and consideration.

BACKGROUND: The City currently is in an agreement with the San Bernardino County District Attorney’s Office to station a Victim’s Advocate at the Police Department, which is set to expire on June 30, 2024. This arrangement is subject to the availability of funding through the County. The Victim’s Advocate assigned to Montclair has been providing needed resources to crime victims including access to counseling, legal services, restitution, and information to help navigate the legal system.

FISCAL IMPACT: If authorized by the City Council, there is no funding requirement for Amendment No. 2 to Agreement No. 22–100.

RECOMMENDATION: Staff recommends the City Council approve Amendment No. 2 to Agreement No. 22–100 with the San Bernardino County District Attorney’s Office to station a Victim’s Advocate at the Police Department through the 2024–25 Fiscal Year, subject to any revisions deemed necessary by the City Attorney.

MONTCLAIR CITY COUNCIL MEETING – 06/03/2024 Page 32 of 223 Standard Contract Page 1 of 2

THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY District Attorney
Department Contract Representative Claudia Walker
Telephone Number (909) 382-3669
Contractor City of Montclair
Contractor Representative
Telephone Number
Contract Term October 25, 2022 – June 30, 2025
Original Contract Amount Non-Financial
Amendment Amount N/A
Total Contract Amount N/A
Cost Center 4502101000
IT IS HEREBY AGREED AS FOLLOWS:

AMENDMENT NO. 2
CONTRACT NO. 22-999
The following are amendments to Contract No. 22-999 between the City of Montclair (hereinafter “MPD”) and San Bernardino County through the District Attorney’s Office (hereinafter “County”) for Victim Advocacy services.

1. REPLACE TERM OF CONTRACT Section VI, with the following:

This Contract is effective as of October 25, 2022 and expires June 30, 2025 in accordance with the end of the fiscal year. This Contract may be terminated earlier in accordance with provisions of Section VII of the Contract. If AB109 funding is renewed in successive years, the contract term will change to match the funding period of the given year and be renewed upon agreement and signature by MPD and San Bernardino County.

2. This Contract may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, such counterparts shall together constitute one and the same Contract. The parties shall be entitled to sign and transmit an electronic signature of this Contract (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name Contract Number
22-999 A2
SAP Number
(909) 448-3606
Lieutenant James Michel
City of Montclair
Agreement No. 22-100
Amendment No. 2
MONTCLAIR CITY COUNCIL MEETING – 06/03/2024 Page 33 of 223 Revised 1/10/23 Page 2 of 2
is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Contract upon request.

3. All other terms and conditions of this Contract shall remain the same.

FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department Richard Luczak, County Counsel Jason Anderson, District Attorney Date Date Date
SAN BERNARDINO COUNTY City of Montclair
(Print or type name of corporation, company, contractor, etc.) By
Pete Mendoza, Director of Purchasing (Authorized signature - sign in blue ink) Dated: Name Javier John Dutrey
(Print or type name of person signing contract)
Title Mayor
(Print or Type)
Dated:

Address 4870 Arrow Hwy
Montclair, CA 91763
MONTCLAIR CITY COUNCIL MEETING – 06/03/2024 Page 34 of 223

CITY COUNCIL

AGENDA REPORT
DATE: JUNE 3, 2024
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 2
FILE I.D.: PDT205
DEPT.: POLICE
PREPARER: M. ZERR
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 24–38 WITH ALL CITY MANAGEMENT SERVICES, INC. FOR SCHOOL CROSSING GUARD SERVICES FOR FISCAL YEAR 2024–25,

SUBJECT TO ANY REVISIONS DEEMED NECESSARY BY THE CITY ATTORNEY REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 24–38 with All City Management Services, Inc. for school crossing guard services for Fiscal Year 2024–25.

Proposed Agreement No. 24–38 is attached for City Council’s review and consideration.

BACKGROUND: All City Management Services, Inc. has provided school crossing guard services for the City since November 1998 and has notified Police Department staff that its hourly rate for crossing guard services will increase for Fiscal Year 2024–25. The adjustment would increase the current hourly rate by $3.53, resulting in an hourly billing rate of $33.19.

All City Management Services, Inc. has indicated that, in order to maintain its workforce, it must maintain a buffer between the state–mandated minimum wage and its own wage rates. The company must also provide wages that would allow it to effectively compete against other part–time employers for recruitment and retention of crossing guards.

FISCAL IMPACT: With the rate increase, All City Management Services, Inc. has calculated the estimated annual program cost to be $236,041. Included in the Police Department’s preliminary Fiscal Year 2024–25 Budget is an allocation of $185,000 to provide crossing guard services for the 2024–25 school year. Because projected costs are estimated to exceed the amount budgeted for the upcoming fiscal year, the Department will evaluate actual costs and determine whether to request more funding during the Midyear Budget Review process.

RECOMMENDATION: Staff recommends the City Council approve Agreement No. 24–38 with All City Management Services, Inc. for school crossing guard services for Fiscal Year 2024–25, subject to any revisions deemed necessary by the City Attorney.

MONTCLAIR CITY COUNCIL MEETING – 06/03/2024 Page 35 of 223 1 AGREEMENT FOR CROSSING GUARD SERVICES
This AGREEMENT FOR CROSSING GUARD SERVICES (the “Agreement”) is dated April 30, 2024 and is between the CITY OF MONTCLAIR (hereinafter called the "City"), and ALL CITY MANAGEMENT SERVICES, INC., a California corporation (hereinafter called the "Contractor").

WITNESSETH
The parties hereto have mutually covenanted and agreed as follows:

1. This Agreement is for a period of time which commences on or around July 1, 2024 and ends on June 30, 2025, and for such a term thereafter as the parties may agree upon.

2. The Contractor is an independent contractor and the guards to be furnished by it shall at all times be its employees and not those of the City.

3. The City’s representative in dealing with the Contractor shall be the City Manager or such a person as the City Manager may designate.

4. If, at any time during the contract period, the City questions the meaning of any item of this Agreement, the City may contact the Contractor for interpretation of that item.

5. The City shall have the right to determine the hours and locations when and where the guards shall be furnished by the Contractor. The Contractor shall notify the City in writing of any changes which may need to occur in hours of work or locations. The City further has the power to add to, delete from or revise the work schedule/locations at any time.

6. The Contractor shall provide supervisory personnel to see that guard activities are taking place at the required places and times, and in accordance with all items of this Agreement.

7. The Contractor shall maintain adequate reserve personnel to be able to furnish alternate guards in the event that any person fails to report for work at the assigned time and location.

8. The Contractor shall provide personnel properly trained as herein specified for the performance of duties of Crossing Guards. In the performance of their duties the Contractor and employees of the Contractor shall conduct themselves in accordance with the conditions of this Agreement and laws and codes of the State of California and the City of Montclair.

9. The Contractor shall train, schedule, provide and supervise personnel in accordance with the contract and the rules and regulations of the City of Montclair. Crossing Guards shall perform their duties as trained and within the City’s rules for such guards.

Agreement No. 24–38
MONTCLAIR CITY COUNCIL MEETING – 06/03/2024 Page 36 of 223 2 10. Persons provided by the Contractor as Crossing Guards shall be trained in the laws and codes of the State of California and the City of Montclair pertaining to general pedestrian safety and school crossing areas.

11. Crossing Guard Services shall be provided by the Contractor at the designated locations and at the designated hours on all days on which the designated schools in the City of Montclair are in session.

12. The Contractor shall provide all Crossing Guards with apparel by which they are readily visible and easily recognized as Crossing Guards. Such apparel shall be uniform for all persons performing the duties of Crossing Guards and shall be worn at all times while performing said duties. This apparel must be appropriate for weather conditions. The Contractor shall also provide all Crossing Guards with hand-held Stop signs and any other safety equipment which may be necessary. Apparel and equipment shall be pre-approved by the City Manager or the designee.

13. (a) Types of Required Coverages
Without limiting the indemnity provisions of the Contract, the Contractor shall procure and maintain in full force and effect during the term of the Contract, the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so.
(1) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 00 001, with minimum limits of at least $1,000,000 per occurrence for bodily injury, personal injury and property damage, and $3,000,000 aggregate total bodily injury, personal injury and property damage. Commercial General Liability Insurance and endorsements shall be kept in force at all times during the performance of this Agreement.
(2) Automobile Liability Insurance: Automobile Liability Insurance with overage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1), including owned, non-owned, and hired autos, or the exact equivalent, with minimum limits of $1,000,000 for bodily injury and property damage, each accident. If Contractor owns no vehicles, auto liability coverage may be provided 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 Employers Liability Insurance with a limit of not less than $1,000,000 each accident for bodily injury and $1,000,000 each employee for bodily injury by disease.
(b) Endorsements
Insurance policies shall not be in compliance if they include any limiting provisions or endorsement that has not been submitted to the City for approval.
(1) The insurance coverages required by section (a)(1) Commercial General Liability; and (a)(2) Automobile Liability Insurance shall contain the following provisions or be endorsed to provide the following:

MONTCLAIR CITY COUNCIL MEETING – 06/03/2024 Page 37 of 223 3 Additional Insured: The City, its elected officials, officers, employees, volunteers, boards, agents and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Contract. Coverage for the additional insureds shall apply to the fullest extent permitted by law.

Additional Insured Endorsements shall not:

1. Be limited to “Ongoing Operations”

2. Exclude “Contractual Liability”

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

4. Exclude “Third-Party-Over Actions”

5. Contain any other exclusion contrary to the Contract 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.
(2) The policy or policies of insurance required by Section (a)(3) Workers’ Compensation shall shall be endorsed as follows:

Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of Subrogation against the indemnified parties.
(c) Notice of Cancellation

Required insurance policies shall not be cancelled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(d) Waiver of Subrogation
Required insurance coverages shall not prohibit Contractor from waiving the right of subrogation prior to a loss. Contractor shall waive all rights of subrogation against the indemnified parties and Policies shall contain or be endorsed to contain such a provision. (e) Evidence of Insurance
The Contractor, concurrently with the execution of the contract, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates and endorsements on forms approved by the City. 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 City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

MONTCLAIR CITY COUNCIL MEETING – 06/03/2024 Page 38 of 223 4 (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 not contained a deductible or self-insured retention. (g) Contractual Liability
The coverage provided shall apply to the obligations assumed by the Contractor under the indemnity provisions of this contract.
(h) Failure to Maintain Coverage
Contractor agrees to suspend and cease all operations hereunder during such a period of time as the required insurance coverage is not in effect and evidence if insurance has not been furnished to the City. The City shall have the right to withhold any payment due Contractor until Contractor has fully complied with the insurance provisions of this Contract. In addition, the City may either immediately terminate this Agreement, or if insurance is available at a reasonable cost, City may take out the necessary insurance and pay, at Contractor’s expense, the premium thereon.

In the event that the Contractor’s operations are suspended for failure to maintain required insurance coverage, the Contractor shall not be entitled to an extension of time for completion of the Work because of production lost during suspension. (i) Acceptability of Insurers
Each such policy shall be from a company or companies with a current A.M. Best’s rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. Any other rating must be approved in writing in accordance with the City.
(j) Claims Made Policies
If coverage is written on a claims-made basis, the retroactive date on such insurance and all Subsequent insurance shall coincide or precede the effective date of the initial Contractor’s Contract with the City and continuous coverage shall be maintained or an extended reporting period shall be exercised for a period of at least there (3) years from termination or expiration of this Contract.

Upon expiration or termination of coverage of required insurance, Contractor shall procure and submit to City evidence of “tail” coverage or an extended reporting coverage period endorsement for the period of at least three (3) years from the time that wall work under this contract is completed.
(k) Insurance for Subcontractors
Contractor shall be responsible for causing Subcontractors to purchase the same types and MONTCLAIR CITY COUNCIL MEETING – 06/03/2024 Page 39 of 223 5 limits of insurance in compliance with he terms of this Contract/Agreement, including adding the City as an Additional Insured to the Subcontractor’s policies.

14. Contractor agrees to indemnify the City, its officers, employees, and agents against, and will Hold and save each of them harmless from, any and all actions, claims, damages to persons or Property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the negligent acts or intentional tortious acts, errors, or omissions of Contractor, its agents, employees, subcontractors, or invitee, or otherwise arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part to Contractor’s performance of this Agreement.
a) Contractor will defend any action or actions filed in connection with any said claims, damages, penalties, obligations or liabilities and will pay all costs and expenses including attorney’s fees incurred in connection herewith. The Contractor’s obligation to defend the City, its officers, employees and agents is not contingent upon there being an acknowledgment or determination of the merit of any claims, penalties, obligations, errors, omissions and/or costs.

b) Contractor will promptly pay any judgement rendered against the City, its officers, agents, or employees for any such claims, damages, penalties, obligations or liabilities to the extent to judgment arises from the negligent acts or intentional tortuous acts, errors, or omissions of Contractor, its agents, employees, subcontractors, or invitees, or otherwise from the Contractor’s performance of the Agreement.
c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against the Contractor for such damages or other claims arising out of or in connection with Contractor’s performance of this Agreement, Contractor agrees to pay City, its officers, agents or employees, any and all costs and expenses incurred by City, its officers, agents, or employees in such action or proceeding, including, but not limited to, reasonable attorney’s fees. d) All obligation under this provision are to be paid by Contractor as they are incurred by City.
e) The provisions of this indemnity provision as contained at Paragraph 14 are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to the City provided that this Paragraph 14 will not be interpreted to require Contractor to indemnify City to the extent that a court determines that the negligent acts or intentional tortuous acts, errors, or omissions of the City, its agents, employees or representatives caused or contributed to the underlying action or claim. Contractor acknowledges that City would not enter into this Agreement in the absence of the commitment of Contractor to indemnify and protect as set forth herein.

15. Either party shall have the right to cancel this Agreement by giving thirty (30) days written notice to the other.

16. The Contractor shall not have the right to assign this Contract to any other person or firm except with the consent of the City.

MONTCLAIR CITY COUNCIL MEETING – 06/03/2024 Page 40 of 223 6 17. The City agrees to pay Contractor the sum of Thirty-three Dollars and Nineteen Cents ($33.19) per hour for each hour of crossing guard services provided pursuant to this Agreement.

18. In the event that this Agreement is extended beyond June 30, 2024, the compensation for services shall be established by mutual consent of the parties. Said payment shall be made upon written statement to the City by the Contractor and approval of the appropriate City representative.

19. This Agreement shall be governed by and construed in accordance with the law of the State of California.

20. In the event any legal proceeding is instated to enforce any term of provision of this Agreement, the prevailing party in said legal proceeding shall be entitled to recover Attorney’s fees and costs from the opposing party in an amount determined by the court to be reasonable.
[SIGNATURES FOLLOW ON NEXT PAGE]
MONTCLAIR CITY COUNCIL MEETING – 06/03/2024 Page 41 of 223 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year written below.

CITY CONTRACTOR

City of Montclair All City Management Services, Inc.

By_____________________________ By______________________________ Javier John Dutrey, Mayor Baron Farwell, General Manager Date____________________________
_____________________________
Andrea M. Myrick, City Clerk
MONTCLAIR CITY COUNCIL MEETING – 06/03/2024 Page 42 of 223

CITY COUNCIL

AGENDA REPORT
DATE: JUNE 3, 2024
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 3
FILE I.D.: PDT175/SCH125/SCH350
DEPT.: POLICE
PREPARER: M. ZERR
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 24–40 WITH CHAFFEY JOINT UNION HIGH

SCHOOL DISTRICT FOR SPECIALIZED LAW ENFORCEMENT SERVICES DURING FISCAL YEAR 2024–25
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 24–40 with Chaffey Joint Union High School District (CJUHSD) for one dedicated Safe School Zone/School Resource Officer (SRO) for assignment at Montclair High School (MHS).

Proposed Agreement No. 24–40 has been reviewed by the City Attorney and is attached for City Council’s review and consideration.

BACKGROUND: The City currently has an agreement with CJUHSD for a SRO. Pursuant to the terms of Agreement No. 24–40, CJUHSD would pay $108,186 toward the cost of a SRO. The Police Department would be obligated to provide a presence of one SRO for MHS for nine hours each school day.

This contract would be for the regular school year and includes summer school.

FISCAL IMPACT: Should this item be approved, CJUHSD would pay $108,186 toward the salary of a SRO beginning July 1, 2024, through the remainder of Fiscal Year 2024–25.

RECOMMENDATION: Staff recommends the City Council approve Agreement No. 24–40 with CJUHSD for specialized law enforcement services during Fiscal Year 2024–25.

MONTCLAIR CITY COUNCIL MEETING – 06/03/2024 Page 43 of 223 Agreement No. 24-40
1 AGREEMENT

FOR SPECIALIZED LAW ENFORCEMENT SERVICES
This Agreement is made and entered into this 1st day of July , 2024 by and between the City of Montclair (hereinafter referred to as CITY) and the Chaffey Joint Union High School District (hereinafter referred to as DISTRICT), both of whom understand as follows:

WITNESSETH
WHEREAS, the following services are to be performed subject to the conditions hereinafter set forth:

NOW, THEREFORE in consideration of these services and mutual conditions hereinafter provided, the parties hereto agree as follows:

A. Beginning with the school year through the end of the school year 2024, the CITY will perform specialized law enforcement services for the DISTRICT at and about the campus of Montclair High School. It is understood that these services are to be provided, to the extent possible, on regularly scheduled school days between 6:30 a.m. and 3:30 p.m., and during mutually agreed upon “in-service” or familiarization periods.

1. It is acknowledged that the provision of services may be interrupted by the normal working conditions experienced by law enforcement agencies, which include, but are not limited to: employee illness, court appearances, training requirements, prisoner transportation, emergency circumstances taxing on other departmental resources, etc. Should the interruption of services, for any reason, extend beyond two successive days, the CITY shall meet its obligation through the assignment of an alternate sworn employee.

B. This Agreement will allow the CITY, through its Police Department, to provide the following specialized law enforcement services to the DISTRICT:

1. One Sworn Community Oriented Officer, known as a Safe School Zone Officer, shall, through random patrol and their on-campus presence, strive to maintain a crime-free zone on and around each school campus.

2. Through the Safe School Zone Officer, provide a consistent and timely response to calls for assistance from the high school or concerning students from the high school.

3. Through the Safe School Zone Officer, provide a consistent liaison for the high school administration on law enforcement matters.

MONTCLAIR CITY COUNCIL MEETING – 06/03/2024 Page 44 of 223 Agreement No. 24-40
2 4. Through the Safe School Zone Officer, provide resources and materials necessary for classroom presentations on law enforcement matters.

5. Through the Safe School Zone Officer, maintain a physical presence on campus during the hours of approximately 7:00 a.m. and 3:00 p.m. on each school day subject to possible interruptions as described in paragraph A(1) above. While on campus, the role of the officer is to:
a. Act as a positive role model for students.
b. Facilitate a positive and interactive student/law enforcement relationship.
c. Maintain a proactive stance toward crime prevention and order maintenance.
d. Act as first responder to criminal conduct or order maintenance issues occurring on or about the high school campus.
e. Within the confines of the law, act as information resource for school administrators on matters of mutual concern.

C. In addition to the above, beginning with the summer session of 2024, the Safe School Zone Officer will provide services to the high school, adjusting the hours to the school schedule.

1. One Safe School Zone Officer will maintain a physical presence on campus each day during the regularly scheduled school hours.

D. In consideration for providing these services, the DISTRICT will pay to the CITY a total of $108,186 invoiced in two equal $54,093 amounts; the first during November 2024, and the second due in May 2025.

E. It is understood by both parties that the Safe School Zone Officer or other CITY officers providing this service shall remain CITY’s employee at all times. As such, the CITY shall be responsible for all employment costs, supervision, control, and assignment of said officers.

F. This Agreement is not assignable, either in whole or in part, by DISTRICT without the prior written consent of the CITY. The laws of the State of California shall govern the rights, obligation, duties, and liabilities of the parties to this Agreement and shall also govern the interpretation of the Agreement, if in dispute.

G. If the DISTRICT in its reasonable discretion is dissatisfied with a School Zone Officer, the CITY shall assign a different School Zone Officer.

H. The School Zone Officer shall defer to the Principal in all school discipline issues, except those that place students, faculty and staff at risk of harm.

MONTCLAIR CITY COUNCIL MEETING – 06/03/2024 Page 45 of 223 Agreement No. 24-40
3 I. It will be the responsibility of the School Zone Officer to report all crimes originating on campus.

J. The School Zone Officer shall share information with the principal about persons and conditions that pertain to campus safety concerns.

K. The School Zone Officer shall coordinate all of his or her activities with the principal and staff members concerned and will seek permission, guidance and advice prior to enacting any programs within the school.

L. CITY shall keep itself informed of and in compliance with all federal, state and local laws, ordinances, regulations, and orders that may affect in any manner performance of the services or those engaged to perform services under this Agreement. CITY shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the services.

M. CITY is, and shall at all times be deemed to be, an independent contractor and shall be responsible for determining the sequence, method, details and manner in which it performs those services required under the terms of this Agreement.

Nothing herein contained shall be construed as creating a relationship of employer and employee, or principal and agent, between DISTRICT and CITY or any of CITY’s agents or employees. CITY assumes exclusive responsibility for the acts of its employees or agents as they relate to services to be provided during the course and scope of their employment. CITY, its agents and employees, shall not be entitled to any rights and/or privileges of DISTRICT’s employees and shall not be considered in any manner to be DISTRICT’s employees.

TERMINATION OR MODIFICATION OF AGREEMENT
This Agreement shall end on June 30, 2025, unless extended by both the CITY and DISTRICT.

The CITY or DISTRICT may terminate all or any portion of this Agreement at any time upon providing a thirty (30) day written notice delivered to the addresses below. In the event the Agreement is terminated by either party prior to June 30, 2025, DISTRICT shall pro-rate its final payment for services rendered at $9,016 per month.

CITY: City of Montclair
5111 Benito Street
Montclair, California 91763
DISTRICT: Chaffey Joint Union High School District
211 West Fifth Street
Ontario, California 91762
MONTCLAIR CITY COUNCIL MEETING – 06/03/2024 Page 46 of 223 Agreement No. 24-40
4 INDEMNIFICATION
DISTRICT shall defend, indemnify and hold harmless the CITY, its elective and appointive boards, officers, agents, and employees from all liability from loss, damage, or injury to persons or property, in any manner arising out of any negligent or intentional or willful acts or omissions of DISTRICT under this Agreement.

CITY shall defend, indemnify and hold harmless the DISTRICT, its elective and appointive boards, officers, agents, and employees from all liability from loss, damage, or injury to persons or property, in any manner arising out of any negligent or intentional or willful acts or omissions of CITY under this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date hereinabove written.

CITY OF MONTCLAIR
Javier John Dutrey
Mayor
Date
ATTEST:

Andrea M. Myrick
City Clerk

CHAFFEY JOINT UNION HIGH SCHOOL

DISTRICT
Dr. Kern Oduro
Assistant Superintendent of Personnel
Date
MONTCLAIR CITY COUNCIL MEETING – 06/03/2024 Page 47 of 223

CITY COUNCIL

AGENDA REPORT
DATE: JUNE 3, 2024
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 4
FILE I.D.: PDT175/SCH500/600/650
DEPT.: POLICE
PREPARER: M. ZERR
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 24–41 WITH ONTARIO–MONTCLAIR

SCHOOL DISTRICT FOR SPECIALIZED LAW ENFORCEMENT SERVICES DURING FISCAL YEAR 2024–25
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 24–41 with Ontario–Montclair School District (OMSD) for one dedicated Safe School Zone Officer for assignment at Vernon and Serrano Middle Schools.

Copy of proposed Agreement No. 24–41 is attached for the City Council’s review and consideration.

BACKGROUND: The City has not had an agreement with OMSD for a Safe School Zone/School Resource Officer (SRO) since Fiscal Year 2020–21. Pursuant to the terms of Agreement No. 24–41, OMSD would pay $99,864 toward the cost of a SRO. The Police Department would be obligated to provide a presence of one SRO for both middle schools for eight hours each school day.

FISCAL IMPACT: Should this item be approved, OMSD would pay $99,864 toward the salary of one SRO beginning July 1, 2024, through the remainder of Fiscal Year 2024–

25. RECOMMENDATION: Staff recommends the City Council approve Agreement No. 24– 41 with OMSD for specialized law enforcement services during Fiscal Year 2024–25.

MONTCLAIR CITY COUNCIL MEETING – 06/03/2024 Page 48 of 223 Agreement No. 24-41
1 AGREEMENT

FOR SPECIALIZED LAW ENFORCEMENT SERVICES
This Agreement is made and entered into this 1 day of July , 2024 by and between the City of Montclair (hereinafter referred to as CITY) and the Ontario-Montclair School District (hereinafter referred to as DISTRICT), as follows:

WITNESSETH
WHEREAS, the following services are to be performed subject to the conditions hereinafter set forth:

NOW, THEREFORE in consideration of these services and mutual conditions hereinafter provided, the parties hereto agree as follows:

A. Beginning with the school year through the end of the school year 2025, the CITY will perform specialized law enforcement services for the DISTRICT at and about the campuses of Serrano Middle School and Vernon Middle School. It is understood that these services are to be provided, to the extent possible, on regularly scheduled school days between 7:00 a.m. and 3:00 p.m., and during mutually agreed upon “in-service” or familiarization periods.

1. It is acknowledged that the provision of services may be interrupted by the normal working conditions experienced by law enforcement agencies, which include, but are not limited to: employee illness, court appearances, training requirements, prisoner transportation, emergency circumstances taxing on other departmental resources, etc. Should the interruption of services, for any reason, extend beyond two successive days, the CITY shall meet its obligation through the assignment of an alternate sworn employee.

B. This Agreement will allow the CITY, through its Police Department, to provide the following specialized law enforcement services to the DISTRICT:

1. One Sworn Community Oriented Officer, known as a Safe School Zone Officer, shall, through random patrol and their on-campus presence, strive to maintain a crime-free zone on and around each middle school campus.

2. Through the Safe School Zone Officer, provide a consistent and timely response to calls for assistance from the middle schools or concerning students from the middle schools.

3. Through the Safe School Zone Officer, provide a consistent liaison for the middle schools administration on law enforcement matters.

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2 4. Through the Safe School Zone Officer, provide resources and materials necessary for classroom presentations on law enforcement matters.

5. Through the Safe School Zone Officer, maintain a physical presence on both campuses during the hours of approximately 7:00 a.m. and 3:00 p.m. on each school day subject to possible interruptions as described in paragraph A(1) above. While on campus, the role of the officer is to:
a. Act as a positive role model for students.
b. Facilitate a positive and interactive student/law enforcement relationship.
c. Maintain a proactive stance toward crime prevention and order maintenance.
d. Act as first responder to criminal conduct or order maintenance issues occurring on or about the middle school campuses. e. Within the confines of the law, act as information resource for school administrators on matters of mutual concern.

C. At the request of the DISTRICT, the Safe School Zone Officer will not provide services to the middle schools during the summer session of 2025.

D. In consideration for providing these services, the DISTRICT will pay to the CITY a total of $99,864 invoiced in two equal amounts of $49,932 each; the first payment is due during November 2024, and the second payment is due in May 2025.

E. It is understood by both parties that the Safe School Zone Officer or other CITY police officers providing this service shall remain CITY’s employee(s) at all times. As such, the CITY shall be responsible for all employment costs, supervision, control, and assignment of said officers.

F. This Agreement is not assignable, either in whole or in part, by the DISTRICT without the prior written consent of the CITY. The laws of the State of California shall govern the rights, obligation, duties, and liabilities of the parties to this Agreement and shall also govern the interpretation of the Agreement, if in dispute.

G. If the DISTRICT in its reasonable discretion is dissatisfied with a School Zone Officer, the CITY shall assign a different School Zone Officer.

H. The School Zone Officer shall defer to the Principal in all school discipline issues, except those that place students, faculty and staff at risk of harm.

I. It will be the responsibility of the School Zone Officer to report all crimes originating on campus.

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3 J. The School Zone Officer shall share information with the principal about persons and conditions that pertain to campus safety concerns.

K. The School Zone Officer shall coordinate all of his or her activities with the principal and staff members concerned and will seek permission, guidance and advice prior to enacting any programs within the school.

L. CITY shall keep itself informed of and in compliance with all federal, state and local laws, ordinances, regulations, and orders that may affect in any manner performance of the services or those engaged to perform services under this Agreement. CITY shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the services.

M. CITY is, and shall at all times be deemed to be, an independent contractor and shall be responsible for determining the sequence, method, details and manner in which it performs those services required under the terms of this Agreement.

Nothing herein contained shall be construed as creating a relationship of employer and employee, or principal and agent, between DISTRICT and CITY or any of CITY’s agents or employees. CITY assumes exclusive responsibility for the acts of its employees or agents as they relate to services to be provided during the course and scope of their employment. CITY, its agents and employees, shall not be entitled to any rights and/or privileges of DISTRICT’s employees and shall not be considered in any manner to be DISTRICT’s employees.

TERMINATION OR MODIFICATION OF AGREEMENT
This Agreement shall end on June 30, 2025, unless extended by both the CITY and DISTRICT as agreed in writing. The CITY or DISTRICT may terminate all or any portion of this Agreement at any time upon providing a thirty (30) day written notice delivered to the addresses below. In the event the Agreement is terminated by either party prior to June 30, 2025, DISTRICT shall prorate its final payment for services rendered at $8,322 per month.

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 personal service or by mail addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

CITY: City of Montclair
5111 Benito Street
Montclair, California 91763
DISTRICT: Ontario-Montclair School District
950 West D Street
Ontario, California 91762
MONTCLAIR CITY COUNCIL MEETING – 06/03/2024 Page 51 of 223 Agreement No. 24-41
4 INDEMNIFICATION
DISTRICT shall defend, indemnify and hold harmless the CITY, its elective and appointive boards, officers, agents, and employees from all liability from loss, damage, or injury to persons or property, in any manner arising out of any negligent or intentional or willful acts or omissions of DISTRICT under this Agreement.

CITY shall defend, indemnify and hold harmless the DISTRICT, its elective and appointive boards, officers, agents, and employees from all liability from loss, damage, or injury to persons or property, in any manner arising out of any negligent or intentional or willful acts or omissions of CITY under this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date hereinabove written.

CITY OF MONTCLAIR
Javier John Dutrey
Mayor
Date
ATTEST:

Andrea M. Myrick
City Clerk

ONTARIO-MONTCLAIR SCHOOL

DISTRICT
Phil Hillman
Chief Business Official
Date
MONTCLAIR CITY COUNCIL MEETING – 06/03/2024 Page 52 of 223

CITY COUNCIL

AGENDA REPORT
DATE: JUNE 3, 2024
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 5
FILE I.D.: FRD057
DEPT.: FIRE
PREPARER: D. POHL
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 24–42 WITH CONSOLIDATED FIRE

AGENCIES OF SAN BERNARDINO COUNTY (CONFIRE) FOR CONTINUED DISPATCH

AND COMMUNICATION SERVICES, SUBJECT TO ANY REVISIONS DEEMED NECESSARY

BY THE CITY ATTORNEY
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 24–42 with Consolidated Fire Agencies of San Bernardino County (CONFIRE) for continued dispatch and communication services.

A copy of proposed Agreement No. 24–42 is attached for the City Council’s review and consideration.

BACKGROUND: CONFIRE currently provides dispatch and communication services for the Fire Department under Agreement No. 23–41, which will end on June 30, 2024.

Proposed Agreement No. 24–42 would renew the contract to cover Fiscal Year 2024–25.

CONFIRE is a multiagency fire, emergency medical service, and local government dispatch center located at the southwest end of Rialto Municipal Airport adjacent to the County Emergency Operations Center. CONFIRE's primary mission is to provide direct fire/EMS dispatch service 24 hours a day, seven days a week for the CONFIRE Joint Powers Authority, as well as contracting fire agencies.

CONFIRE utilizes state–of–the–art computer systems running TriTech CAD with ProQA for emergency medical dispatching, Automatic Vehicle Location (AVL) software, integrated telephone systems running VESTA, and radio systems consisting of VHF and Motorola 800 MHz trunked Smartnet Systems. One of the main advantages provided by contracting with CONFIRE is the use of AVL software, which allows dispatchers to know where fire units are located in real time via a satellite surveillance system. This system allows for the closest fire unit available to be dispatched to an emergency regardless of jurisdictional geography. Proposed Agreement No. 24–42 includes the annual maintenance fees of the WestNet First–In Fire Station Alerting System. CONFIRE has a bulk agreement with WestNet for supported agencies to receive group pricing—this cost has been included in the proposed Agreement with CONFIRE.

Contracting with CONFIRE continues to be the most prudent and cost effective option for fire and EMS dispatch and communication services.

FISCAL IMPACT: Approval of Agreement No. 24–42 would result in a net cost of $301,622 for Fiscal Year 2024–25, which is included in the Fire Department’s proposed Fiscal Year 2024–25 Budget in Program 4533 — Emergency Services, Emergency Communication Services. The cost of service for each contracting agency is based on each contracting agency’s call volume for the prior calendar year, as well as costs associated with equipment replacement, technology support, and administration.

RECOMMENDATION: Staff recommends the City Council approve Agreement No. 24–42 with CONFIRE for continued dispatch and communication services, subject to any revisions deemed necessary by the City Attorney.

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CITY COUNCIL

AGENDA REPORT
DATE: JUNE 3, 2024
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 6
FILE I.D.: TRC600
DEPT.: PUBLIC WORKS
PREPARER: M. HEREDIA
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 24–44 WITH ECONOLITE SYSTEMS FOR

TRAFFIC SIGNAL MAINTENANCE SERVICES, SUBJECT TO ANY REVISIONS DEEMED

NECESSARY BY THE CITY ATTORNEY
REASON FOR CONSIDERATION: The City utilizes Econolite Systems (Econolite) for traffic signal maintenance. The City’s current agreement with Econolite expires on June 30, 2024. Both the City and Econolite wish to extend the contract for a one–year term.

A copy of Proposed Agreement No. 24–44, an amendment to the current contract with Econolite Systems for traffic signal maintenance services, is attached for the City Council’s review and consideration.

BACKGROUND: The Public Works Department has been using Econolite’s services for many years and has been very satisfied with their work. The institutional knowledge brought by the Econolite team provides unsurpassed value to the City’s traffic signal system. Additionally, the rapport between Econolite and the City’s Traffic Engineering Consultant, AGA Engineers, provides good traffic signal services.

City staff went through a vetting process to make sure that Econolite is the best value for the City. The new agreement's rates are essentially the same as the prior contract and include a compensation adjustment of 3.2 percent based on the Consumer Price Index from July 1, 2023, to the most recent value provided by the U.S. Bureau of Labor Statistics. Proposals from other firms were not sought because Econolite continues to be the best value for the City.

FISCAL IMPACT: The proposed rates are shown in Exhibit A of Agreement No. 24–44.

Staff has requested a $100,000 allocation in the Fiscal Year 2024–25 Budget for these services. Since the amount of work will vary based upon needs and future scheduled maintenance, any adjustment necessary in budget will be assessed during the Mid–Year Budget Review.

RECOMMENDATION: Staff recommends the City Council approve Agreement No. 24–44 with Econolite Systems for traffic signal maintenance services, subject to any revisions deemed necessary by the City Attorney.

MONTCLAIR CITY COUNCIL MEETING – 06/03/2024 Page 70 of 223

AGREEMENT NO. 24-44
AMENDMENT TO AGREEMENT NO. 19-41

WITH ECONOLITE SYSTEMS

FOR TRAFFIC SIGNAL MAINTENANCE SERVICES
This agreement is made and entered into this 1st day of July 2024, by and between the CITY OF MONTCLAIR, a municipal corporation hereinafter designated as "City," and ECONOLITE SYSTEMS, INC., a California corporation, hereinafter designated as "Contractor," and collectively designated as the "Parties."

RECITALS
WHEREAS, Parties originally entered into Agreement No. 19-41 (“Agreement”) for traffic signal maintenance services from July 1, 2019 to June 30, 2020; and WHEREAS, Parties amended the agreement via Agreement No. 20-19 to revise the rate schedule and extend the term to June 30, 2021; and WHEREAS, Parties further amended the agreement via Agreement No. 21-38 to revise the rate schedule and extend the term to June 30, 2022; and WHEREAS, Parties further amended the agreement via Agreement No. 22-61 to revise the rate schedule, extend the term to June 30, 2023, and update the indemnification provisions; and
WHEREAS, Parties further amended the agreement via Agreement No. 23-37 to revise the rate schedule, extend the term to June 30, 2024, and update the indemnification provisions; and
WHEREAS, Parties now desire to further extend the agreement and revise the rate schedule.

AGREEMENT
NOW, THEREFORE, IT IS HEREBY AGREED by and between City and Contractor to extend Agreement for a one-year term expiring on June 30, 2025.

BE IT FURTHER AGREED by and between City and Contractor that EXHIBIT A of Agreement referencing COST OF SERVICES shall be replaced with EXHIBIT A of Agreement No. 24-44.

BE IT FURTHER AGREED that all other terms of Agreement No. 19-41 as amended by Agreement Nos. 20-19, 21-38, 22-61, and 23-37 shall remain as set forth therein.

MONTCLAIR CITY COUNCIL MEETING – 06/03/2024 Page 71 of 223 AGREEMENT NO. 24-44

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

CITY OF MONTCLAIR, CALIFORNIA ECONOLITE SYSTEMS, INC.

By: By:

Javier John Dutrey, Mayor Name, Title:

Attest: By:

Andrea Myrick, City Clerk Name, Title:

Approved as to form:

Diane E. Robbins, City Attorney
MONTCLAIR CITY COUNCIL MEETING – 06/03/2024 Page 72 of 223 AGREEMENT NO. 24-44

Exhibit A
MONTCLAIR CITY COUNCIL MEETING – 06/03/2024 Page 73 of 223

CITY COUNCIL

AGENDA REPORT
DATE: JUNE 3, 2024
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 7
FILE I.D.: PUB115
DEPT.: PUBLIC WORKS
PREPARER: M. HEREDIA
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 24–45 WITH AGA ENGINEERS FOR

TRAFFIC ENGINEERING SERVICES, SUBJECT TO ANY REVISIONS DEEMED NECESSARY

BY THE CITY ATTORNEY
REASON FOR CONSIDERATION: Agreement No. 19–42 with AGA Engineers (AGA) for traffic engineering services expires on June 30, 2024. Both the City and AGA wish to enter into a new agreement. Agreements with the City require City Council approval.

A copy of Proposed Agreement No. 24–45 with AGA for traffic engineering services is attached for the City Council’s review and consideration.

BACKGROUND: Traffic engineering services for smaller cities are typically provided through contracts with consultants specializing in traffic engineering. The City of Montclair has been using AGA and its predecessor, Mohle Grover and Associates, since 1990 for these services. Sample services include signal timing monitoring and changes, review of traffic issues related to development activities, warrant analyses for signals and stop signs, and other on–call services, as necessary.

AGA’s 33 years of service to the City of Montclair uniquely qualifies them to continue to provide traffic engineering services. Their institutional knowledge of the City’s traffic infrastructure provides a value that could not be matched by any other firm. Proposals from other firms were not sought, since no other firm has the institutional knowledge of the City’s traffic infrastructure. Additionally, AGA’s fees are regularly audited by Caltrans to establish that charges are reasonable and meet the requirements set forth in 48 Code of Federal Regulations. Therefore, staff recommends to continue utilizing AGA to provide traffic engineering services since it is in the City’s best interest and provides the best value.

FISCAL IMPACT: It is anticipated that monthly invoices over the next 12–month period would likely average between $5,000 to $6,000. Staff has requested a $48,000 allocation in the Fiscal Year 2024–25 Budget for these services. Since the amount of work will vary based upon needs and future development, any adjustment necessary in the budget will be assessed during the Mid–Year Budget Review.

RECOMMENDATION: Staff recommends the City Council approve Agreement No. 24–45 with AGA Engineers for traffic engineering services, subject to any revisions deemed necessary by the City Attorney.

MONTCLAIR CITY COUNCIL MEETING – 06/03/2024 Page 74 of 223 AGREEMENT 24-45

CITY OF MONTCLAIR

AGREEMENT FOR CONSULTANT SERVICES

FOR TRAFFIC ENGINEERING
THIS AGREEMENT is made and effective as of July 1, 2024, 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 July 1, 2024 and shall remain and continue in effect for a period of 60 months until tasks described herein are completed, but in no event later than June 30, 2029, unless sooner terminated pursuant to the provisions of this Agreement.

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

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

4. CITY MANAGEMENT
City’s City Manager shall represent City in all matters pertaining to the administration of this Agreement, review and approval of all products submitted by Consultant, but not including the authority to enlarge the tasks to be performed or change the compensation due to Consultant. City’s City Manager shall be authorized to act on City’s behalf and to execute all necessary documents which enlarge the Tasks to be Performed or change Consultant’s compensation, subject to Section 6 hereof.

5. PAYMENT
(a) The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks.

MONTCLAIR CITY COUNCIL MEETING – 06/03/2024 Page 75 of 223 AGREEMENT 24-45

(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.

Any additional work in excess of this amount shall be approved by the City Council. (c) Consultant will submit invoices monthly for actual services performed. Said invoices shall detail all costs, rates and hours for individual tasks. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of the Consultant’s fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. (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.
(e) Each July after the first year of the Agreement, the hourly rates set forth in Exhibit B shall be subject to change in accordance with Labor Agreements of Consultant's office and field personnel. Consultant shall submit the new hourly rate schedule to City for approval or rejection, which shall occur within 30 days following submission. If City rejects the revised rate schedule, this Agreement shall terminate. If City accepts the revised rate schedule, this Agreement shall continue with the revised rate schedule. Authority to reject or accept the revised rate schedule is delegated to the City Manager.

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

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

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

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

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9. INDEMNIFICATION
(a) Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant’s services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including attorney’s fees and costs to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any entity or individual that consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.
(b) Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials, and agents ("Indemnified Parties") from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses 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), where the same arise out of, are a consequence of, or are in any way attributable 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 officers, agents, employees or subconsultants of Consultant. Said indemnification shall include any claim that Consultant, or Consultant’s employees or agents, are considered to be 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. Said obligation to indemnify, defend and hold harmless the Indemnified Parties shall apply to all liability as defined above whether the Indemnified Parties were actively or passively negligent, except that it shall not apply to claims arising from the sole negligence or willful misconduct of the Indemnified Parties. The Consultant’s obligation to defend the Indemnified Parties is not contingent upon there being an acknowledgement or determination of the merit of any claims, liability, demands, causes of action, suits, losses, expenses, errors, omissions and/or costs.
(c) General Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subconsultant or other person or entity involved by, for, with, or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this Agreement or this section. These indemnification provisions are independent of and shall not in any way be limited by the insurance requirements of this Agreement. City approval of the insurance required by this Agreement does not in any way relieve the Consultant from liability under this section.

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

Coverage for the additional insureds shall apply to the fullest extent permitted by law.

Additional Insured Endorsements shall not:

1. Be limited to “Ongoing Operations”

2. Exclude “Contractual Liability”

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

4. Exclude “Third-Party-Over Actions”

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

Primary Insurance: This insurance shall be primary and any other insurance whether primary, excess, umbrella or contingent insurance, including deductible, or self-insurance available to the insureds added by endorsement shall be in excess of and shall not contribute with this insurance. Coverage shall be at least as broad as ISO CG 20 01 04 13.
(2) Auto Liability
Additional Insured: The City, its elected official, 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 or on behalf of the Contractor.

Primary Insurance: This insurance shall be primary and any other insurance whether primary, excess, umbrella or contingent insurance, including deductible, or self-insurance available to the insureds added by endorsement shall be in excess of and shall not contribute with this insurance.
(3) Workers’ Compensation
Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties.
(c) Notice of Cancellation
Required insurance policies shall not be cancelled or 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 the insurers.
(d) Waiver of Subrogation
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Required insurance coverages shall not prohibit Contractor from waiving the right of subrogation prior to a loss. Contractor shall waive all rights of subrogation against the indemnified parties and policies shall contain or be endorsed to contain such a provision. This provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. (e) Evidence of Insurance
All policies, endorsements, certificates, and/or binders shall be subject to approval by the City as to form and content. These requirements are subject to amendment or waiver only if so approved in writing by the City. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

The certificates and endorsements for each insurance policy shall be 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 non-renewed, Contractor shall, within ten (10) days after receipt of written notice of such cancellation 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 Contractor or the City. (g) Contractual Liability/Insurance Obligations
The coverage provided shall apply to the obligations assumed by the Contractor under the indemnity provisions of this Agreement. The insurance obligations under this Agreement shall be: (1) all the insurance coverage and/or limits carried by or available to the Contractor; or (2) the minimum insurance coverage requirements and/or limits shown in this Agreement; whichever is greater. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits, which are applicable to a given loss, shall be available to the City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of the Contractor under this Agreement.
(h) Failure to Maintain Coverage
Contractor agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City. The City shall have the right to withhold any payment due Contractor until Contractor has fully complied with the insurance provisions of this Contract. In addition, the City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may take out the necessary insurance and pay, at Contractor’s expense, the premium thereon.

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

The Commercial General Liability Additional Insured Endorsement shall be on a form at least as board as CG 20 38 04 13.
(l) Excess or Umbrella Liability Policies
If any excess or umbrella liability policies are used to meet the limits of liability required by this Agreement, then said policies shall be “following form” of the underlying policy coverage, terms, conditions, and provisions and shall meet all the insurance requirements stated in this Agreement, including, but not limited to the additional insured, primary & non-contributory and waiver of subrogation insurance requirements stated herein. No insurance policies or self-insurance maintained by the City, whether primary, reinsurance or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until Contractor’s primary and excess/umbrella liability policies are exhausted.

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.

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Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner.
(b) No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.

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

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

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

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

15. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, responses to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to MONTCLAIR CITY COUNCIL MEETING – 06/03/2024 Page 83 of 223 AGREEMENT 24-45

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 covenants that neither he/she nor any office or principal of their firm have any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder.

Consultant further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent or subconsultant.

Consultant further covenants that Consultant has not contracted with nor is performing any services, directly or indirectly, with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area and further covenants and agrees that Consultant and/or its subconsultants shall provide no service or enter into any agreement or agreements with a/any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area prior to the completion of the work under this Agreement.

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

To City: Monica Heredia, P.E., City Engineer
City of Montclair
5111 Benito Street
Montclair, CA 91763
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To Consultant: Chalap Sadam, President
AGA Engineers, Inc.
211 East Imperial Highway, Suite 208
Fullerton, CA 92835

17. ASSIGNMENT
The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Because of the personal nature of the services to be rendered pursuant to this Agreement, only Chalap Sadam, Greg Wong, Phillip Fuentes, Ruben Perales, Jessica Espinoza, and the rest of the team identified in the service delivery organization chart portion of the proposal (responsible employees) shall perform the services described in this Agreement.

Consultant’s responsible employee may use assistants, under his direct supervision, to perform some of the services under this Agreement. Consultant shall provide City fourteen (14) days’ notice prior to the departure of the responsible employee from Consultant’s employ. Should he leave Consultant’s employ, the City shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, Consultant’s sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant.

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

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

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

21. CONTENTS OF REQUEST FOR PROPOSALS
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Consultant is bound by the contents of City’s Request for Proposal, incorporated herein by this reference, and the contents of the proposal submitted by the Consultant.

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.

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

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

CITY OF MONTCLAIR AGA ENGINEERS, INC.

By: By:

Javier John Dutrey, Mayor Name:

Title:

Attest:

By: By:

Andrea M. Myrick, City Clerk Name:

Title:

Approved as to Form:

By:

Diane E. Robbins, City Attorney
MONTCLAIR CITY COUNCIL MEETING – 06/03/2024 Page 86 of 223

TECHNICAL PROPOSAL
On-Call Traffic and Transportation
Engineering Services
May 28, 2024
211 Imperial Highway, Suite 208, Fullerton, CA 92835 || (714) 992-4592 || [email protected]

EXHIBIT A
MONTCLAIR CITY COUNCIL MEETING – 06/03/2024 Page 87 of 223 AGA Engineers, Inc.
211 Imperial Highway, Suite 208, Fullerton, CA 92835
(714) 992-4592 Email: [email protected]
May 28, 2024
Ms. Monica Heredia
Director Of Public Works/City Engineer
City of Montclair
5111 Benito Street
Montclair, California 91763
RE: Technical Proposal for On-Call Traffic and Transportation Engineering Services Dear Ms. Heredia:

AGA Engineers, Inc. (AGA) is pleased to submit this Technical Proposal to provide professional On-Call Traffic Engineering Services.

AGA is a full-service traffic engineering consulting firm whose engineering staff has been providing as-needed traffic engineering and field support services to many municipalities. Our Team has provided these services to the City of Montclair since 1993 and we have done so in an expeditious and costeffective manner. We are currently providing various cities with assistance in the areas of traffic signal design, various types of traffic studies and analyses, Planning Commission report preparation, plan checking services, grant application support and project administration, traffic signal and communications design, ITS design, traffic signal timing and coordination studies, traffic counts and data collection, and other associated traffic engineering services. We have also designed and installed various Intelligent Transportation System (ITS) elements including CCTV cameras, fiber optic communication systems, wireless interconnect systems, and upgraded multiple centralized control systems in various cities in Orange, Los Angeles, San Bernardino, and Riverside Counties.

In addition to providing traditional as-needed transportation engineering services, the AGA team is recognized for our considerable expertise in the planning, design, and operation of complex traffic control and ITS systems. Over the past few years, AGA staff have designed and completed traffic signal plans, specifications, and estimate packages, as well as created synchronized traffic signal timing plans for hundreds of traffic signals on various arterial corridors for SBCTA on the Countywide San Bernardino Valley Traffic Signal Coordination Project Tiers 1 and 2, which included the design and construction of multiple Traffic Management Centers (TMC). In addition, the AGA Team has completed the design of multiple Traffic Signal Synchronization Program projects throughout Los Angeles County, and in Orange County as part of OCTA’s Regional Traffic Signal Synchronization Program.

As the Proposed Project Manager, I have over three decades of experience working on a multitude of traffic engineering projects throughout Southern California. Qualifications for me and the AGA Team are detailed in this proposal. Also included are the AGA team’s traffic and transportation engineering knowledge and background, highlights of our municipal experience, agency references, staff resumes, and details of our understanding of the types of traffic engineering services that the City may need.

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Table of Contents
Brief History and Description of Firm ........................................................................................................... 1 The AGA Team .............................................................................................................................................. 3 AGA’s Project Manager.................................................................................................................... 4 AGA’s Task Leaders.......................................................................................................................... 5 AGA’ Support Staff........................................................................................................................... 7 Firm’s Experience.......................................................................................................................................... 8 Transportation Planning ................................................................................................................ 10 Traffic Studies ................................................................................................................................ 11 Traffic Engineering ......................................................................................................................... 13 Design and Implementation of Signal Timing Related System Improvements ............................. 15 Signal Timing, Coordination, and Operation.................................................................................. 17 Traffic Signal Monitoring................................................................................................................ 19 Traffic Engineering Construction Support ..................................................................................... 20 Grant Funding Preparation and Administration ............................................................................ 21 Quality Assurance/Quality Control ............................................................................................................. 22 References .................................................................................................................................................. 22 Schedule of Hourly Rates ............................................................................................................................ 24 Appendix
Resumes of the AGA Team
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Brief History and Description of Firm
AGA Engineers, Inc. (AGA) is a California S Corporation with 17 employees, many of whom have worked together for at least five years and the executives have worked together for over 20 years, which is a respectable indication of the stability and compatibility of our team. All work performed under this contract with the City will be conducted by employees located at AGA’s offices in Fullerton.

AGA was founded in 2020 by Mr. Chalap K. Sadam, former Vice President and co-founder of Albert Grover & Associates, which was founded in 1993. The new company was formed after the passing of the founder and CEO, Mr. Albert Grover. After acquiring certain assets from Albert Grover & Associates, and under the leadership of Mr. Sadam, AGA has retained a similar culture and the practices that made our transition seamless to all our clients – largely due to retention of our core team of senior and professional staff who worked under the former company.

Our engineers bring more than 30 years of their expertise and experience to AGA allowing us to continue to successfully work for our clients.

AGA is a multidiscipline engineering firm specializing in municipal and transportation engineering.

Through the utilization of today’s most sophisticated computer-aided equipment by highly skilled and talented professional engineers and technicians, we are able to provide clients with quality, cost-effective, professional services in a timely manner. Our success can be attributed to our commitment to provide clients with personalized, quality service.

AGA’s wide range of services offered can be divided into six primary areas of expertise: traffic engineering, day-to-day traffic signal operations, transportation planning, traffic signal communication design, operational control of traffic signal systems, and City Traffic Engineer staffing. While we are well known and respected for our work in all of these areas, we are perhaps best known for our widespread
knowledge and experience in the field of multijurisdictional traffic signal design and coordination. It should also be noted that AGA operates over 200 traffic signals on behalf of five jurisdictions in Southern California. Those traffic signals are remotely monitored and controlled from the
Traffic Management Center located in AGA’s Fullerton
office.

AGA’s services are not just routine, but rather the application of experience and knowledge to first properly identify a problem, then provide the most appropriate and cost-effective solution. Each project is unique and carried out with the highest degree of pride and professionalism with a dedication to Official Name and Address:

AGA Engineers, Inc.
211 Imperial Highway, Suite 208
Fullerton, CA 92835
Phone:
(714) 992-4592
Email:
[email protected]
Website
agaengineersinc.com
Primary Point of Contact:

Mr. Chalap K. Sadam, PE, TE
President
(714) 992-4592
[email protected]
DIR No.
1000636813
MONTCLAIR CITY COUNCIL MEETING – 06/03/2024 Page 91 of 223 On-Call Traffic and Transportation Engineering Services

satisfying the client’s needs. We offer professional services ranging from the planning and conceptual design stage through the construction supervision and “as-built” stage, placing us among the forerunners in the full-circle service concept.

AGA personnel, some of whom are former governmental employees, have provided services to clients ranging from design and traffic engineering construction support of full freeway interchanges at costs exceeding a million dollars, to minor traffic impact studies costing only a few thousand dollars. Whatever the project, our approach is to complete the project to the satisfaction of the client in as quick a time frame as possible while still producing quality work products.

Our team’s experience with completing small-scale traffic engineering projects ensures that such projects can be completed on time and within budget with minimal demands placed upon City staff. We currently provide such services to several cities in Southern California, including existing on-call contracts with Laguna Niguel, La Habra, Montclair, Cerritos, Costa Mesa, Highland, Huntington Beach, Orange, Victorville, San Dimas, Fountain Valley, and Whittier. Because we are a successful consulting firm with extensive experience in all phases of traffic engineering, we are highly qualified to provide this service. Our goal as on-call engineers is to provide the City with quality service at a fair and reasonable cost.

Our approach to providing professional services and projects is to do more than simply provide labor or prepare design plans and study reports – we actually improve traffic operations and safety in everything we touch. We are not a company that simply provides engineering labor to complete client designated tasks; rather, AGA provides a high level of intellectual support to accomplish client objectives. Our unique blend of Civil Engineers, Traffic Engineers, and skilled traffic signal system and communications technicians provides a synergy which results in successful projects beyond client expectations.

We serve as an extension of City staff as well as
expert advisors, forming an integrated team to
creatively provide solutions to traffic engineering
and transportation planning problems. While our
designated Project Manager will provide the
majority of the management and long-term
expertise required, our entire staff will be available
and on-call at all times to serve the City. This
includes any scheduled meetings at City Hall for both public and City staff liaison, attendance at evening City and neighborhood meetings as required, field studies and analyses, and all other required functions.

A key objective of AGA’s provision of engineering services to the City will be to foster a can-do spirit when working with developers and agency partners on regionally significant projects. Cities are going through a transformation from the way commercial and retail business was conducted in the past to the more modern fast-paced global business of the future. AGA understands this transformative change and we don’t stand in the way of progress but embrace the future transportation needs of a modern business community. We are more than just technically proficient; rather, we are able to collaborate with the City’s development team and regional agencies to create win-win solutions so that intelligent business growth and transportation improvement projects can move forward successfully. We understand that delicate balance of how transportation interacts with business and we have successfully assisted other municipal clients in Orange, Los Angeles, San Bernardino, and Riverside counties to embrace the needs of modern business.

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We understand the necessity of balancing the economic advantages of development/redevelopment projects with the potentially negative impacts to traffic flow and circulation of such projects. We have successfully developed mitigations that are both technically and economically feasible for projects ranging from a gas station with a convenience market to a 1.25 million square feet retail mall. A key example of such balancing is the expansion of Montclair Plaza in the City of Montclair. We designed both public roadway improvements and private development traffic improvements (paid for by the developer) which resulted in significantly improved traffic operations in and around the Plaza. The improved mall access increased attendance which subsequently increased sales tax revenue for the City of Montclair.

From installing the first flashing yellow arrow projects in Southern California, to ground-breaking bicycle boulevard projects, to unique traffic calming and school zone safety projects, our team is committed to finding the best solution to complex traffic and transportation challenges for our clients. This more comprehensive view of our roles as traffic engineers, planners, and technicians has evolved from the cumulative individual experiences of our staff while employed at various public agencies. The City will be hard pressed to find another consultant with such far-reaching municipal traffic engineering, traffic operations, and transportation planning experiences in Southern California.

The AGA Team
Our Organization Chart, Staff Qualifications Table, and short biographies of our project team are included below. Full resumes are provided in the Appendix. No changes to key staff will be made without prior written approval by the City. All staff members work out of our office in Fullerton.

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AGA’s Project Manager
AGA proposes to utilize experienced staff members to complete all phases of projects conducted under the proposed contract, not only for project management but for conducting the vast majority of required engineering efforts as well. Mr. Chalap Sadam, P.E., T.E., President, will be the overall Project Manager for all projects and, as such, will be responsible for coordination with the City appointed Project Manager. He will be the supervisor/administrator who will be responsible for delivery of services in accordance with the established Scope of Services in the Consultant Services Agreement with Public Works. He will be responsible for reviewing all project methodologies, work plans and work products. He will also be involved with field reviews of project intersections, design report recommendations, and agency liaison.

Mr. Sadam is a registered Civil and Traffic Engineer with a Master of Science, Civil Engineering (Transportation) degree from Virginia Polytechnic Institute and State University, and a Master of Business Administration degree from the University of Southern California. As a founding member of AGA and with over 33 years of experience, he is a recognized expert of traffic signal communications, Intelligent Transportation Systems (ITS), Traffic Management Centers, centralized traffic signal systems and video management systems.

Mr. Sadam is an insightful leader among tenured professionals and provides guidance to our junior-level staff. His aim is always to establish the most effective and interactive systems possible for large projects, particularly for projects involving multiple jurisdictions. His ability to facilitate traffic signal synchronization projects makes him a valuable asset for our clients and the AGA team.

Name
Title
Certification/
Registration
Years of
Experience
Years with
AGA Team
Education Training
Chalap K. Sadam
President
P.E., Civil #74080
P.E., Traffic #1813 34 31
MS-Civil, 1990
MBA, 2002
Greg Wong
Vice President P.E., Civil #64349 28 25 BS-Civil, 1996
Ruben Perales
Vice President
P.E., Civil #83169
P.E., Traffic #2838 21 19 BS-Civil, 2005
Henry Hernandez
Principal Transportation Engineer P.E., Civil #72071 40 1 BS-Civil, 1982 Dowling Tsai
Senior Transportation Engineer II
P.E., Civil #52870
T.E., Traffic #2267 38 1
BS-Civil, 1986
BA-Architecture, 1986
Phillip Fuentes
Senior Signal Systems Specialist
IMSA Traffic Signal Senior Field
Technician, Level III 35 17 Signal Technician Level 3
Jessica Reyes
Senior Transportation Engineer
E.I.T. #160008 9 9 BS-Civil, 2016
Jorge Sanchez
Associate Transportation Engineer I
E.I.T. #173260 3 3 BS-Civil, 2021
Giselle Hernandez
Associate Transportation Engineer I
3 3 BS-Civil, 2021
Lucy Ott
Assistant Engineer 2 1 BS-Civil, 2023
Phillip Jeremy Fuentes
Signal Technician I 2 2
AGA Team Qualifications
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Over the last five years, Mr. Sadam has been an integral team leader for traffic signal and safety projects including the current SSARP projects in Fountain Valley, Rialto, and Placentia, as well as the Citywide Traffic Analysis project for the City of Torrance. He provides expertise in the preparation of traffic impact studies, development of transportation planning models to evaluate long range impacts, development of signal coordination master plans, preparation of traffic signal coordination timing plans, design and operation of traffic signal systems, design of intersection improvement plans, traffic signal interconnect plans that include the latest advances in ITS technologies, traffic accident analyses, and recommendation of mitigation measures.

Mr. Sadam has performed traffic studies, feasibility studies, safety studies, Major Investment Studies(MIS), long-term roadway improvement studies, and transportation-related Master Plan studies for countless cities and counties throughout Southern California. He is also well-known for his studies involving Regional Traffic Signal Synchronization Programs (RTSSP), working effectively to promote multijurisdictional cooperation between State (Caltrans), county, and city entities to synchronize traffic signals for multiple major corridors in Orange County, Los Angeles County and the San Bernardino Valley.

In addition to Mr. Sadam’s expertise and technical acumen, which ensure successful projects, our clients most appreciate his commitment to establish the most effective and interactive systems possible for both large and small projects. Whether facilitating award-winning, multi-million-dollar, multi-jurisdictional transportation communications projects, or applying his expertise to single intersection traffic operations, Mr. Sadam stands out as a meticulous, innovative planner/designer, and an outstanding leader of the AGA team.

AGA’s Task Leaders
Mr. Greg Wong, P.E., Vice President will be Task Leader for Transportation Planning and Traffic Studies,. He has over 27 years of experience and has completed numerous projects involving state, local, and private agencies. He is involved with developing transportation safety studies, sight distance analyses, traffic signal and stop sign warrant analyses, signal timing development, capacity and Level of Service (LOS) analysis, and environmental impact report review and analysis. He conducts traffic impact studies and assesses traffic impact fees. He is skilled at conducting trip generation studies, reviewing traffic impact analysis, and using a variety of traffic modeling software for both transportation planning and traffic signal operations purposes. He has provided transportation planning services for a variety of projects such as assessing land development projects, reviewing project development traffic signals and site plans, traffic impact studies/analyses, parking and circulation analyses, and traffic forecasting and modeling.

Mr. Wong is currently the contract On-Call Traffic Engineering Support for the City of La Habra. He reviews proposed development site and circulation plans, traffic signal plans, and traffic impact studies. He responds to resident concerns regarding parking, red curb/sight distance requests, school traffic, day-to-day traffic signal monitoring, and operations. He currently is a member of La Habra’s Traffic Committee and meets monthly with the group to discuss various transportation topics, projects and concerns throughout the City of La Habra.

Mr. Wong has managed numerous Traffic Signal Synchronization Program (TSSP) projects where he analyzed traffic patterns, provided recommendations and designs for upgrading traffic signals to the latest CA MUTCD guidelines, Caltrans standards and ADA guidelines. He also has vast experience with traffic MONTCLAIR CITY COUNCIL MEETING – 06/03/2024 Page 95 of 223 On-Call Traffic and Transportation Engineering Services

signal operations which he applies to many traffic engineering applications. He is familiar with many of the traffic signal controller programs and traffic signal central systems as well as running Automated Traffic Signal Performance Measures (ATSPM) data from the central systems. He has developed traffic signal coordination timing plans for over 1,000 traffic signals throughout Southern California. His knowledge of traffic signal operations enables him to evaluate cost-effective safety measures through traffic signal timing, traffic signal modification plans, and safety assessment studies.

Mr. Ruben Perales, P.E., T.E., Vice President, will lead the transportation engineering and design tasks. He has over 18 years of experience with completing projects that involve state, local, and private agencies. His experience includes both street and highway improvement projects, local city projects, private development projects, and Traffic Signal Synchronization Program (TSSP) projects. He conducts level of service analyses, prepares traffic signal signing/striping plans, prepares detour plans, and conducts plan checking.

He regularly prepares conceptual improvement plans, designs signal plans, prepares signal coordination plans, and intersection improvement plans to upgrade controllers and connect existing fiber for communication purposes. He conducts field topographic surveys in order to develop design plans to improve intersection safety and update signal hardware to current standards. He has prepared plans for Caltrans, the County of Los Angeles, cities of San Dimas, Montclair, and others, as well as various private developers such as Home Depot and Walmart.

As part of AGA’s current on-call contract with the City of Laguna Beach, Mr. Perales assists the City with a variety of traffic engineering tasks including traffic studies, speed surveys, traffic calming studies, signing and striping plans, traffic signal operation reviews, and responding to resident concerns related to traffic and transportation. He also periodically attends Parking, Traffic, and Circulation Committee meetings when his expertise is needed to discuss certain traffic issues.

Mr. Perales also currently represents the City of San Dimas as their Contract Traffic Engineer. He is responsible for managing engineering related functions such as warrant studies, roadway and intersection designs, traffic analysis and operations relative to traffic control devices, and review of traffic engineering reports and plans (private developments and City capital improvement projects). He is a member of the City’s Traffic Safety Committee and regularly participates in their meetings.

Mr. Phillip Fuentes, Senior Signal Systems Specialist, is our proposed Task Manager for Field Inventory tasks and Implementation Support. He will ensure that the existing traffic signal equipment is inventoried and inspected, and the signal synchronizationrelated infrastructure at each intersection is assessed to identify possible deficiencies or improvements required. He has been responsible for conducting field reviews of hundreds of signalized intersections, and physically opening controller cabinets and pull boxes to assess the condition and usability of existing equipment. He is a certified Level 3 Technician with extensive experience in the traffic signal maintenance area.

Mr. Fuentes has technical skills that include everything from installing detector loops and conducting preventative maintenance to installing traffic signal equipment (i.e., intersection cabinets, Opticom, controllers, video detection systems, CCTV cameras, fiber optic communications, Ethernet switches), from troubleshooting and providing technical assistance to contractors and the construction of signal and MONTCLAIR CITY COUNCIL MEETING – 06/03/2024 Page 96 of 223 On-Call Traffic and Transportation Engineering Services

roadway improvement projects on a day-to-day basis. He creates signal timing charts for new or complex intersections and is highly proficient with all types of communications systems.

AGA’s Support Staff
Henry Hernandez, P.E., Principal Transportation Engineer, worked for Los Angeles County Public Works for 38 years. He has extensive experience in traffic signal systems and signal timings. His tasks included preparing, reviewing and approving plans, specifications, estimates, signal timing sheets, signal upgrade recommendations, and traffic studies.

Dowling Tsai, Senior Transportation Engineer, worked in the Traffic Engineering Division of the County of Riverside for 17 years. Before that he work in the City of Santa Ana for 16 years. He has a working knowledge of multiple facets of municipal administration, operations, and maintenance who is able to bring a flexible and situational approach to every project. He is a “hands on” manager style who is innovative, creative, and able to build positive relationships with consultants, contractors, state agencies, city departments and divisions, city staff, various committees, and residents.

Ms. Jessica Reyes, E.I.T., Transportation Engineer I, has expertise which includes traffic signal designs and modifications, fiber communications design, signing and striping, street lighting, design and implementation of bike lanes, and traffic control. She also contributes in the preparation of plans, specifications and estimates, intersection analysis, sight distance analysis, and traffic signal warrants along with other field studies including crossing guard studies, traffic impact studies, traffic operations analysis, and signal coordination timing.

Mr. Jorge Sanchez, E.I.T., Associate Transportation Engineer I, assists with preparing base plans and field data collection efforts such as conduit run verifications and taking inventory of existing equipment. He is proficient with AutoCAD design software, Synchro modeling, Crossroads Database analytics, and Microsoft Office. He recently assisted with signal timing efforts for San Marcos Boulevard and Talbert Avenue. He also developed fiber optic design plans for the Cities of Lake Forest, Mission Viejo and Rancho Santa Margarita as part of various RTSSP projects in South Orange County.

Ms. Vannessa Pedroza, Associate Transportation Engineer I, has completed sight distance analyses for various agencies, conducted field inventories, and has evaluated collision assessments. She is adept with traffic engineering software programs including Synchro, Tru-Traffic, TranSync, Crossroads database software, Adobe Acrobat, and AutoCAD design software. Ms. Pedroza developed coordination signal timing plans for Lake Forest Drive, Mission Boulevard and MacArthur Boulevard in Orange County. She also conducted the fine-tuning and monitoring efforts on the implemented timing plans.

Ms. Giselle Hernandez, Associate Transportation Engineer I, has developed signal modification designs and conducted traffic collision assessments. She is skilled with traffic engineering software programs including Synchro, Tru-Traffic, Adobe Acrobat, and AutoCAD design software. Ms. Hernandez developed coordination signal timing information for the Alameda Avenue Signal Synchronization project in the City of Burbank. She is also currently assisting in the signal timing development and implementation phase of the Portola Parkway/Santa Margarita Parkway corridor RTSSP project.

Lucy Ott, Assistant Engineer, is currently working on two related projects for the City of Whittier which consist of analyzing stopping sight distance, utilizing Synchro to study delay times, and drafting plans using MONTCLAIR CITY COUNCIL MEETING – 06/03/2024 Page 97 of 223 On-Call Traffic and Transportation Engineering Services

AutoCAD. Ms. Ott has developed skills in leadership, critical thinking, communication, and time management through her work in Whittier and previous internships during her academic career.

Phillip J. Fuentes, Signal Technician I, provides both onsite and remote support, hardware implementation, and equipment support for AGA clients throughout the Los Angeles Orange, and San Bernardino Counties. He regularly observes the operation of traffic signals and provides daily monitoring of signal systems for the Cities of La Habra, Laguna Niguel, Highland, Fountain Valley, and Montclair.

Firm’s Experience
The staff at AGA has been providing traffic engineering services and traffic signal system support services to the City of Montclair for over two decades. As a result of our long association with the City, we are very familiar with the roadways and traffic patterns within Montclair and fully understand the importance of dealing with traffic related problems. Our engineers have completed many traffic projects in the City and have done so on time, within budget, and in a manner that meets all the City’s requirements while at the same time placing minimal time and effort requirements on agency staff.

AGA is well qualified to provide the full range of professional traffic engineering services. We feel that our most important qualifications relate not only to providing traffic studies and the development of highquality documents for projects, but also to problem solving, communication, and a willingness to develop alternative solutions while maintaining public safety. We are proud of our reputation for successfully bringing forward innovative solutions for our municipal clients over the past 30 years.

Unlike most engineering work which is highly regimented with standards and requirements, traffic engineering is much more focused on human behavior. It is commonplace for politicians and the public to have an emotional investment not only with the outcome of traffic investigations and studies, but also the process by which the work is conducted. Therefore, our experienced senior level staff can clearly articulate to our associate and assistant level staff what needs to be done, actively direct staff in performing the work, and communicate progress regularly to the City and the public as appropriate. In all of our communications, be it written or orally, we strive to communicate clearly to serve both City staff and the public alike. It is this clear communication of our progress, findings/results, and recommendations which eliminate issues and problems that cause inefficient project delays and rework.

At AGA we believe that the most effective way to practice municipal traffic engineering is to have seasoned senior level staff members be hands-on in the assessment and direction of work tasks. It is more efficient and cost effective to have an experienced traffic engineer who can quickly observe and assess situations and issues on-site to provide quick and accurate advice or to set the course for a study or traffic design. Many other firms rely on junior or mid-level staff to attend meetings, speak with constituents, conduct field investigations, and set direction on designs or studies. Typically, in such organizations senior level staff primarily remains in the office in more of a contract management or oversight role. Such an arrangement offers an initial low cost but typically results in delays, less than optimum design, a lack of innovation, and rework costing significantly more in the long term.

The AGA approach gets our experienced senior staff out of the office to interact with City staff and the public to quickly get to the root of safety, planning, design, or operational issues and concerns. By putting our best and most experienced front and center, issues and concerns are quickly addressed and good MONTCLAIR CITY COUNCIL MEETING – 06/03/2024 Page 98 of 223 On-Call Traffic and Transportation Engineering Services

decisions can be made without the need for delays that less experienced staff need to research or study the problem and potential solutions.

A key factor in providing services to the City is continuing to stay attuned to both the overall direction and the specific requirements of the City staff and the City Council. AGA staff continually increase our knowledge of current traffic engineering considerations via our attendance and presentations at regional (such as the Institute of Transportation Engineers and the City Traffic Engineers) and national (such as Transportation Research Board and Institute of Transportation Engineers) forums, keeping us in the mainstream of state-of-the-art traffic engineering approaches and methodologies. By combining this knowledge, we can optimize the service provided to the City.

Another aspect of our approach to providing traffic engineering and transportation services involves far more than simply providing contract labor on an hourly basis. We consider it our function to serve as an extension of City staff and expert advisors, forming an integrated team to creatively provide solutions to traffic engineering and transportation planning problems. We propose to utilize key senior staff members as managers for each anticipated task.

AGA’s entire staff will be available to provide specific required services vis-à-vis each individual’s specific expertise, thereby optimizing the services provided in an expeditious and economic manner. Our staff’s wide range of knowledge and experience, acquired via providing similar services to a wide range of cities is ideal to provide the City with nearly instantaneous access to any traffic/transportation/parking area of knowledge needed at any given time. This unique experience in viewing problems “from both sides of the fence” has in the past, and will continue in the future, to greatly enhance our ability to serve the City.

Understanding basic concerns and constraints as viewed from the City’s perspective is a key qualification.

Our creativity also makes us uniquely qualified to serve the City. We know how to listen open-mindedly to both City staff and the public, how to develop alternative solutions to various problems, and how to differentiate cost-effective from cheap. Our ability to develop viable alternative solutions has been instrumental in reaching consensus on controversial issues. Our knowledge of and sensitivity to public needs and concerns, combined with our real world (as opposed to textbook) approach to safety issues, will ensure that alternative solutions to specific problems can be achieved, while at the same time compromising neither safety nor public needs and desires.

AGA’s ongoing relationships with Caltrans staff are especially important relative to coordination of freeway access issues. In addition to developing (and assisting Caltrans in implementing) coordinated timing plans involving both State highway and freeway ramp signals, AGA has successfully negotiated with Caltrans on the behalf of various cities to allow those cities to actually control such State signals. For many years, AGA has worked closely with Caltrans personnel to innovatively address local/State interface traffic issues. Additionally, we designed the interim improvement projects at the I-10/Jackson Street and I10/Monroe Street interchanges in the City of Indio, including obtaining Caltrans approvals of various Design Exceptions necessary for issuance of the Encroachment Permits, and providing signal timing and operational assistance at turn-on of the new signals at both interchanges.

Following are specific areas of expertise which the AGA Team offers to our clients.

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Transportation Planning
AGA team members have conducted and reviewed hundreds of studies for transportation planning projects. Such studies involved all aspects of transportation engineering from both residential and commercial development/redevelopment, City General and Specific Plans, intersection/corridor studies, parking studies and active transportation plans. Assessment of the scope and timing of transportation infrastructure improvements to adequately serve this increased traffic demand is an ongoing issue. One of the key areas of our expertise involves combining transportation planning with traffic operations. Shortterm traffic operational analyses can be combined with long-term (10 to 20 years) transportation planning data to evaluate and monitor the impact of urban growth in a dynamic way. Such analyses are critical for conducting feasibility studies, traffic impact studies/analyses, and for determining long-term transportation infrastructure needs.

An example of a Specific Plan review is the North Montclair Street Improvement Master Plan. Working under our On-Call Traffic Engineering contract, we have been assisting the City with the review and redevelopment of the Montclair Plaza – which involves improvements for Moreno Street – to a better active transportation corridor. The review of the proposed Moreno Street improvements included safety assessments, operational assessments, feasibility of improvements, overall traffic circulation (pedestrian, bicyclists and vehicles) with adjacent residential and commercial properties, and traffic impacts from rerouted traffic to other corridors.

Given the potential for growth in both residential and
commercial development and redevelopment in the City,
assessment of the scope and timing of transportation
infrastructure improvements to adequately serve this
increased traffic demand is an ongoing issue. Short term traffic operational analysis can thus be combined with
long term (10 to 20 years) transportation planning data to evaluate and monitor the impact of urban growth in a dynamic way. Such analyses are critical for conducting
various feasibility studies and traffic impact
studies/analyses, and for developing traffic and
transportation impact sections of EIRs and EISs. AGA staff assisted City staff in evaluating potential configurations for the Monte Vista Ave/I-10 Freeway interchange.

AGA Comments
City of Montclair - Moreno Street Streetscape Plan Review Monte Vista Diverging Diamond Interchange
Concept Plan and Micro-Simulation
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One such configuration was that of a diverging diamond
interchange (see above figure). AGA staff developed
conceptual plans and micro-simulation models on the
interchange configuration and how the interchange
would operate.

AGA staff also assisted the City in studying Monte Vista Avenue as a four-lane facility, south of San Bernardino Street and what would be the required right-of-way.

AGA has also conducted many operational analyses for
proposed intersection/corridor improvements that
include Level-of-Service (LOS) analysis, feasibility and cost-effectiveness of the improvement(s), and traffic
simulation presentations for City Planning Commission
and City Council meetings.

Traffic Studies
AGA team members have conducted hundreds of studies for the installation of traffic control devices.

Such studies include traffic signal warrants, traffic signal priority lists, school crossing guard studies, pedestrian crossings, multi-stop application studies, and left-turn studies. Many times, these studies are the result of resident concerns/complaints. In addition to conducting these studies, AGA can reach out to residents to explain the situation and discuss a reasonable solution. Some examples of the various types of studies we have completed for our clients include:
• Traffic safety studies such as sight distance evaluations, collision analyses, etc. • Traffic impact studies
• Traffic signal warrant studies
• Pedestrian and bicycle facilities studies
• Drive-through queuing studies
• Truck studies
• Level of Service (LOS) and vehicle miles traveled (VMT) analyses Given the potential for growth in both residential and commercial development/redevelopment in the City, assessment of the scope and timing of transportation infrastructure improvements to adequately serve this increased traffic demand is an ongoing issue. One of the key areas of our expertise involves combining transportation planning with traffic operations. Short-term traffic operational analyses can be combined with long-term (10 to 20 years) transportation planning data to evaluate and monitor the impact of urban growth in a dynamic way. Such analyses are critical for conducting feasibility studies, traffic impact studies/analyses, and for determining long-term transportation infrastructure needs.

One way to address potential growth in a successfully proactive manner was developed and implemented by the AGA team in the City of Fullerton. Based on General Plan build-out conditions, the team determined ultimate transportation infrastructure needs. In effect, a Citywide Traffic Impact Analysis was developed, including calculation of overall costs to construct the required improvements. As development projects Cross Sections
Monte Vista Avenue:

Four-Lane Facility
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were proposed, AGA conducted individual Traffic Impact Analyses to more definitively determine the appropriate scheduling for implementation of such improvements. This traffic modeling and monitoring service is of tremendous long-term benefit.

For another example, the AGA Team conducted the Citywide Traffic Analysis for the City of Torrance which evaluated existing and future traffic conditions (level-of-service analyses), existing traffic signal infrastructure, and provided a citywide safety review aimed at improving traffic signal efficiency and resiliency, enhancing roadway safety, and mitigating both existing and future traffic congestion within the city. The report included both near-term and long-term intersection improvements (with conceptual plans), an
extensive infrastructure plan covering traffic equipment improvements, and a traffic signal communications plan with fiber optic upgrades.

Staff of AGA have conducted numerous similar modeling
projects and gained experience in all phases of transportation planning. We are well versed with developing and utilizing travel demand forecasting models to determine future transportation infrastructure needs for cities. We also prepare Traffic Impact Analysis Reports in compliance with regional planning agency requirements.

Specific relevant experience includes updating the General Plan for the City of Colton, developing the City of Montclair’s Transportation Study and Developer Fee Program, and our Soledad Canyon Road Feasibility Study for the City of Santa Clarita in which we determined the ultimate lane requirements for future traffic conditions.

AGA also offers local and regional area transportation planning capabilities to develop specific circulation plans, including Master Plans of Streets and Highways, general circulation plans, and coordination of these plans with those developed by metropolitan planning organizations. The map on the following page further demonstrates AGA’s coordination timing experience in Orange County.

Intersection Control Studies
It is anticipated that AGA will be expected to perform multi-way stop warrant analyses and traffic signal warrant analysis based on the methodology and procedures established in the 2014 or latest version of California Manual of Uniform Traffic Control Devices. AGA will gather the appropriate 24-hour traffic volumes, collision data, and geometric data to perform the technical evaluations outlined in the manual.

However, at AGA we understand that the technical evaluations may not tell the whole story in a city because of unique business travel patterns, residential quality of life concerns, and congested roads. We go beyond the technical manual evaluations to consider other factors such as pedestrian and bicycle traffic, lighting levels, traffic delays, approach speeds, violation rates, driver behavior, transit stops, driver behavior, roadway geometrics, land use, and neighboring intersection controls.

Generally, we start every investigation by not only speaking with City staff about past investigations, constituent complaint history, and their impressions but we also typically speak with the requestor directly to seek additional information about why they feel traffic controls at the intersection should change. During the course of the investigation, should unique environmental or operational characteristics effecting safety be revealed we might gather additional data to document those unique Crenshaw Blvd at Pacific Coast Hwy, Torrance
Proposed Improvements
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characteristics for inclusion in the study effort. We have found the use of video surveillance to be extremely powerful in evaluating traffic patterns and motorist behavior both during peak periods and offpeak when some believe that “no one is watching”. Many times when we are studying complex intersections or complaints of after-hours problems, the use of video have brought a better understanding of the issues and has led to more complete solutions. Ultimately the recommendations provided to the City will not only be based on the technical evaluations but engineering judgement considering those context sensitive and operational factors that might not be easily measured but can have a significant impact on operational efficiency and public safety.

Engineering and Traffic Surveys
The objective of Engineering and Traffic Surveys (E&TS) is to review the existing speed limits and recommend changes to the speed limits (increase or decrease), in accordance with the requirements of the latest edition Section 627 of the California Vehicle Code (CVC). The purpose of these studies is to provide sufficient information to document that the conditions of Section 627 have been satisfied and that other conditions not readily apparent to a motorist are properly identified. The recently adopted Assembly Bill No. 43 (AB43) amended and added sections to the CVC related to traffic safety and speed limits. AGA has completed studies for the Cities of Burbank, Gardena, Seal Beach, Westminster, and Garden Grove. We are currently conducting E&TS studies in the Cities of Laguna Niguel, Huntington Beach, Redondo Beach, and Santa Ana.

Safety Studies
Periodic review and analysis of citywide collision history is an important component of the efficient management of the City’s roadway network. AGA has performed such reviews on a regular basis for many of our municipal clients. Typically, our engineers look for patterns of collisions that can be corrected by changes in traffic controls, signage, or geometrics. We also rank intersections and roadways to determine the most collision prone in order to focus our attention to determining why such intersections or roadway segments are experiencing higher than anticipated collision rates. Summarized collision data doesn’t always tell the whole story, so for those problematic locations we typically request and review the CHP 555 reports of each reported collision to ascertain the details of each collision in an effort to determine if specific traffic control actions could reduce the likelihood of future collisions of that same type occurring.

Ultimately, we summarize the data, our findings, and recommendations in a report for the City’s consideration.

Traffic Engineering
AGA’s experience with designing traffic signals – and our drive to keep up with the latest requirements of the California Manual on Traffic Control Devices (CA MUTCD), ADA, and Caltrans Standards – allows us to provide a comprehensive design for successful completion of a project, thus ensuring that all requirements are being met when completing traffic related designs. Working with a multitude of agencies throughout Southern California has allowed our team to review and work with various standard drawings. Throughout the years we have seen several updates to standard drawings such as revised curb ramp design standards (8.33% vs. 7.5% slopes) and updates to traffic signal pole and foundation dimensions.

AGA has also been a leader in the utilization of AutoCAD for signal design. Typical design activities consist of determining all aspects of right-of-way constraints for street improvements including providing raised MONTCLAIR CITY COUNCIL MEETING – 06/03/2024 Page 103 of 223 On-Call Traffic and Transportation Engineering Services

median configurations, left and right turn pocket lengths, lane drops, speed-controlled transitions, etc. All signal and striping improvement and interconnect plans are prepared using AGA’s CAD package, consisting of AutoCAD and a library of Caltrans symbols, for traffic signal and roadway design. Using these tools, AGA personnel have designed hundreds of new and modified traffic signals and signal interconnect projects (including fiberoptic, twisted pair, and wireless technologies) for a large number of agencies throughout Southern California.

Traffic Signal, Signing, and Striping Design
AGA staff have designed and implemented
hundreds of both new and modified traffic
signals, signing and striping plans, and traffic
signal interconnect projects (including fiber
optic, twisted pair, and wireless communication
technologies) for a large number of cities and
counties. While completing traffic signal
modification designs and traffic signal
communication designs, our staff not only looks
at the specific improvements identified, but also
conducts inventories of all the traffic signal
components that may need to be modified or
upgraded.

Our experience with designing traffic signals, and our drive to keep up with the latest requirements of both the CA MUTCD and Caltrans Standards, allows us to provide a comprehensive design for successful completion of a project. AGA staff is also up to date with current ADA requirements. Design activities consist of determining all aspects of right-of-way requirements for street improvements including providing raised median configurations, left and right turn pocket lengths, lane drops, speed-controlled transitions, etc.

Traffic Control Plans
AGA staff have extensive experience with developing and reviewing traffic control plans. Our Engineers don’t just review such plans from a technical perspective, but also consider the context in which the lane and street closures are to be implemented, as well as the traffic characteristics and patterns in the area . Routinely, such reviews also involve a site visit to ensure that the design considers all aspects of transportation including pedestrians, bicyclists, transit, motorists, traffic signals, land use, private property access, etc.

Review Standard Details
AGA strives to keep up to date with the latest state and federal standards to ensure all requirements are being met when completing traffic related designs. AGA’s extensive experience working with a multitude of agencies throughout Southern California has allowed our team to review and work with various standard drawings. Throughout the years we have seen several updates to standard drawings such as revised curb ramp design standards (8.33% vs. 7.5% slopes), updates to traffic signal pole and foundation dimensions, etc. This experience will be valuable in assisting the City with development of its own standard drawings.

Central Ave/Costco Traffic Signal Plan
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When developing standard plans, it is important that all applicable state and federal standards, such as the California Manual on Uniform Traffic Control Devices (CA MUTCD) 2014 Revision 6, 2018 Caltrans Standard Plans and Revised Standard Plans, Americans with Disabilities Act (ADA) Standards, 2021 Standard Plans for Public Works Construction, to name a few, be considered to ensure the City is in compliance with all mandated requirements.

Design and Implementation of Signal Timing Related System Improvements AGA has worked on a multitude of traffic signal design projects. During the past several years, AGA staff has completed designs for various Highway Safety Improvement Project (HSIP) and Regional Traffic Signal Synchronization Program (RTSSP) projects and other grant funded projects to upgrade outdated traffic signal equipment and implement various safety improvements identified by citywide safety assessments.

While completing traffic signal modification designs, AGA staff not only looks at the specific improvements identified in the RFP, but also all the traffic signal components that may need to be modified or upgraded.

Video/Radar Detection Systems
AGA has designed a vast amount of traffic signal equipment improvement plans where new video detection systems have been successfully installed. Our experience and familiarity with different types of video detection systems such as the Iteris Vantage Vector Hybrid system (utilized for advanced dilemma zone detection), Vantage Next system, Vantage Edge II system, the Econolite Autoscope Vision system, and Gridsmart has given us the knowledge to successfully design for the installation of such systems.

Understanding these different detection systems and their components allows us to prepare a thorough design that will meet the project objectives. As an example, knowing what type of cable is required for the different types of detection systems is critical in determining if new conduit will be needed or if the cable can be installed in existing conduit. Some systems utilize a single CAT-5E Ethernet cable for both power and video, while others require both separate power and coaxial cables for the video requiring more space in the conduit. Fully understanding how these systems work and getting the design right is what saves time and costs during construction.

CCTV Cameras
Our designs for hundreds of CCTV camera installations have given us the experience and understanding of factors to consider when completing such designs. It is important to understand design elements such as location of the camera, distance between the camera from the communications switch (to identify whether an Ethernet extender or special long-range CAT-6 cable is required), and existing conduit fill to make sure CCTV cable can be installed.

Staying current on new technology is also very important and it’s something that we are constantly working on. Our experience with designing CCTV systems from multiple vendors such as Bosch, Cohu, and Axis will be key in providing the project agencies what they are looking for. The AGA team recently worked on integrating a Cloud-based video management system complete with Firewall security for the City of San Dimas.

Traffic Signal Interconnect and Communication
AGA staff have worked on a multitude of traffic signal communication projects. The AGA Team has also designed several miles of fiber optic communications. Our designs include Intelligent Transportation MONTCLAIR CITY COUNCIL MEETING – 06/03/2024 Page 105 of 223 On-Call Traffic and Transportation Engineering Services

System (ITS) components such as CCTV cameras and Bluetooth travel time devices. Detailed fiber assignments are also included to ensure that agencies have accurate documentation of their fiber assets in order to facilitate integration of the communication and ITS devices into the respective traffic management centers.

The AGA team’s outstanding technical field staff, working in conjunction with our expert designers in
communications upgrades, sets us apart from others. Our team has been key in upgrading a multitude of traffic
signal communications systems throughout Orange
County, including the Cities of La Habra, Fullerton, and Fountain Valley. As a matter of fact, the AGA team was
the first to install fiber optic communications in the cities of La Habra and Fullerton. Additionally, the AGA team
prepared the Fiber Optic Communications Master Plan for both the cities and developed the Traffic Signal
Communications Network IP scheme which is currently
being utilized.

The AGA Team developed a Traffic Signal
Communications Master Plan for the City of Montcalir.

After a comprehensive review of the City’s existing
communications and traffic signal system was completed, we discovered a multitude of communication assets
which were leveraged to facilitate the creation of a fiber optic communications backbone system that will be the
heart of the City’s traffic control system. The Master Plan developed a framework for completion of all necessary
communications improvements in a multi-year phased approach.

Emergency Vehicle Preemption Systems
Our experience with designing EVP systems for a multitude of cities is a significant asset to the Team. It is important to note that there are different models of EVP systems. In recent years, agencies have been transitioning from the traditional infrared/optical EVP systems to GPS based EVP systems, as is the case with the City of Fountain Valley where the AGA team recently completed the design and integration of over fifty EVP systems.

Automated Traffic Signal Performance Measures (ATSPM)
AGA staff are very familiar with working on the Automated Traffic Signal Performance Measures (ATSPM) applications for different systems. We have configured the Econolite Centracs, Iteris SPM, and Q-Free ATSPM applications. In order to obtain accurate ATSPM reporting, it is critical that users accurately configure the detection (lane-by-lane detection, detector channels, detector type and detector distances).

The ATSPM reporting can provide guidance on where detection is not working properly, the health of the coordinated system, count data (existing and historical), side street delays and split timing monitoring.

The main benefit is that the data is being continuously evaluated and monitored 24/7.

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Signal Timing, Coordination, and Operation
SBCTA Coordinated Traffic Signal System
Recognizing the benefits of multijurisdictional traffic signal coordination, SBCTA (formerly known as San Bernardino Associated Governments, or SANBAG) adopted a strategic plan for interconnecting and coordinating more than 1,200 traffic signals in the San Bernardino Valley Area. The first two components of that plan – designated as Tier 1 and Tier 2 – involved the interconnect and coordination of 652 signalized intersections on approximately 150 miles of arterial highways under the jurisdiction of 16 agencies, including Montclair. The graphic below shows the corridors and traffic signals which were part of the project.

OCTA Signal Synchronization Projects
The AGA Team has, for many years, been
continuously under contract with OCTA and
other county transportation agencies with
completing various types of signal
synchronization projects. In fact, our team was
chosen to conduct the Euclid Street Traffic Signal
Synchronization Demonstration Project (Euclid Street
Project), which was funded and overseen by OCTA. This
project served as a “test” for OCTA to assess the overall feasibility and effectiveness of similar future projects. Since the AGA Team was able to obtain significant improvements in all Measures of Effectiveness (MOEs) – due primarily to our project management, technical expertise and ability to achieve consensus among multiple cities and Caltrans – the Euclid Street Project became the standard by which subsequent projects were measured.

Signal Timing Optimization Programs
Traffic Engineers depend upon a complex set of software “tools” to produce high-quality signal timing products (i.e., Synchro, SimTraffic, Tru-Traffic, TranSync, etc.). AGA engineers not only use these tools, but San Bernardino Valley Traffic Coordinated Traffic Signal System Map f or Tiers 1 & 2
OCTA Corridors
completed by the AGA
Team
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our experience informs us of what to do with the information they provide. Software programs are not capable of providing workable timing plans independently; however, an experienced Traffic Engineer will utilize these software programs in the process of developing such plans. Others may simply proceed with the computer timing outputs that these tools provide, but AGA’s experienced timing experts carefully review the program output and adjust the values manually utilizing time-space diagrams to properly match local conditions. Although we may use different signal timing software to capitalize on specific strengths of each software program, it should be noted that all final timings will be compiled in the Synchro software.

Traffic Signal Timing and System Support
Developing, implementing, and maintaining signal timing plans are all critical to optimizing the efficiency of the existing infrastructure, thus ensuring that coordination signal timing plans are operating as designed. Since traffic patterns change when construction, incidents, and/or development occurs, adjustments to timing plans are often required. Only by frequent monitoring of traffic operations can these signal timing plans be kept current.

In addition to AGA’s expert traffic engineering staff, the company also employs several experienced traffic signal technicians who are highly skilled and well versed on all types of traffic signal control hardware and systems, video equipment and control systems, communications, networking, and security systems.

Traffic Signal Communication Infrastructure
The primary focus of AGA’ approach is to leverage the existing investments made by various agencies in control systems, communication, and field equipment to create a
communications backbone that will be the heart of the traffic control system. Our intent is that the systems, timing plans, and control strategies developed will become key to how each agency manages traffic for many years to come.

Our approach begins with recognizing the planning work that went into the improvements already completed. For example, combining valuable underground conduit already in place with the fiber to be installed for a new project. Another example is using previous improvements completed to reconfigure the communications network of a roadway corridor into a Self-Healing Communication Backbone Ring. In this example the AGA Team upgrades the communications backbone to a 10Gb network where possible which will easily accommodate existing and future CCTV traffic surveillance cameras and other ITS elements in the future without the need for additional investments in communication capacity.

Familiarity with Signal Hardware
AGA engineers and signal technicians are well-versed in a wide variety of signal hardware including controller units, conflict monitors, cabinet assemblies, signal wiring, traffic signal central systems, etc. Our team regularly assesses and advises on hardware-related issues with hands-on experience in several controller systems, including, 2070 with D4 (Fourth Dimension) firmware, 2070 with SWARCO Omni eX firmware, Q-Free with Maxtime, Econolite Cobalt, 2070 ATC, Trafficware, and Siemens M50/M60 controllers. Of particular note is our in-depth experience integrating various modern ITS infrastructure including fiber optics, wireless radio, Ethernet-over-copper, Ethernet switches, etc. With our knowledge of previous generation equipment utilizing Ethernet, serial and FSK communication, we can integrate state-of-the-art systems with existing hardware and software when needed.

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Our clients also receive practical assistance from our technical staff with the design and installation of video walls, display systems, live video feeds to TMCs via video detection cameras, the use of CCTV, wireless radios, and the development and design of Internet Protocol (IP) communication schemes for signal-related equipment and configuration of Layer 3 communication networks. Our staff is adept in configuring Virtual Local Area Networks (VLANs) for streamlining traffic signal communications and live video feed to TMCs.

Our Team has completed numerous regional corridor projects that have included the installation or upgrades to Siemen’s Tactics for the Cities of Buena Park and Fullerton, Econolite’s Centracs central signal control systems for the City of Placentia, County of Orange, and the City of Yorba Linda, and Q-Free Kinetic central signal control system for the City of La Habra. The AGA Team is currently assisting the City of Fountain Valley with the Q-Free Kinetic system. In addition, the recently completed project for Imperial Highway included integration at Caltrans’ TMC of signals into Caltrans’ TransSuite Central System.

Traffic Signal Monitoring
AGA staff have been providing on-call traffic engineering and transportation planning services to the City of Montclair since 1993. The services we provide include presentations at the Traffic Commission, Planning Commission and/or City Council meetings; development of a focused traffic forecast model (of the SCAG sub-regional model) to generate future peak hour turning movement volumes to determine level of service (LOS) and required mitigation measures; traffic signal warrant analyses and subsequent traffic signal designs; fiber optic communication design; traffic impact analyses; preparing grant applications; developing traffic signal timing; traffic signal system monitoring and as-needed support, representation at countywide inter-governmental meetings; contract administration and construction engineering support. The signal system monitoring includes checking online for traffic signal communications and intersection coordination status. Minor signal timing adjustments, primarily related to existing signal coordination splits or offset changes, are accomplished via remote login of the system or manually in the field. Periodic field drives of major corridors are conducted to review traffic signal coordination.

AGA operates traffic signal systems for
various governmental agencies and does so
remotely from our Fullerton office, which
includes a Traffic Management Center
(TMC). Existing systems include 35 signals
on an Q-Free Kinetic System in La Habra, 40
signals on a SWARCO (McCain) Transparity
system in Montclair, 78 signals using the
Econolite Centracs system in Laguna Niguel,
50 signals on a Q-Free MaxView based Model
2033 system in the City of Fountain Valley and 38 signals on a SWARCO QuicNet system in the City of Highland.

One signal timing monitoring service involved approximately 652 intersections spread throughout 17 agencies (15 cities, the County, and Caltrans) in the San Bernardino Valley under a multi-year contract with San Bernardino County Transportation Authority (SBCTA, formerly SANBAG). This unique “hands-on” signal experience allows AGA staff to possess a very realistic understanding of what it takes to adequately serve the public while maintaining political harmony. Our TMC staff also includes signal system specialists AGA’s Q-Free Kinetic Workstation for La Habra
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with previous field maintenance experience with a local Signal Maintenance Contractor. Our unique staffing often allows us to correct problems before the public starts making complaint phone calls.

Traffic Operations and Management
Traffic Signal Synchronization Programs (TSSP) significantly enhance field communications, upgrade controllers, video detection and traffic signal timing along the corridor; however, without active oversight and management by the agencies that are operationally responsible, the true effectiveness of the systems will not be realized. Given the variety of central signal systems, controllers and the different communication systems, integration of these systems requires extensive knowledge and expertise. Our staff has in-depth knowledge with integrating and maintaining/supporting the various signal systems. Additionally, AGA’s experience from previous projects has shown that special attention must be given to:
• Interface modems from wireless to hardwire, telephone drops, fiber optic, etc.. interconnect components
• Communication speed differences for different interconnect and controller types. • Actuating coordination for differing local controller programs and software versions. • System controller grouping limitations.
• Local software limitations.
• Using a variety of timing parameters and strategies to achieve shorter cycle lengths.

Our experience with integrating central system hardware (computer servers, workstations, Ethernet switches, modems, port servers, GPS servers) and field elements – including interfacing with traffic signal system vendors, communication systems specialists and respective agency Information Technology staff is key to project success.

Traffic Engineering Construction Support
The AGA Team has provided traffic engineering construction support to enable timely completion of all construction components for traffic engineering projects. On a recently completed project, we provided the following specific services relative to traffic engineering construction support:
• Assist City and Contractors with providing public construction notices to keep residents and businesses informed of project status and any impacts to motorists.
• Prepare for and conduct the pre-construction meeting with the City, the Contractor, and affected utility owners. Meeting minutes are prepared and distributed to all meeting attendees.
• Track and review all construction submittals, Requests for Information (RFIs), Request for Changes (RFCs), Contract Change Orders (CCOs), construction schedule, etc. • Coordinate construction observations with agency staff. • Review construction schedule and ensure contractor is adhering to schedule.

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• Review and recommend approval of Contractor’s progress payment invoices. • Conduct regular meetings to discuss project status, as necessary. • Prior to completion of construction, prepare punch list and coordinate with Contractor to complete all outstanding items in a timely manner.

The AGA team also provides overall system integration efforts which includes coordination with the construction contractor responsible for installing new traffic signal controllers and cabinets, communication hardware (cables, switches, Ethernet radios, etc.), Emergency Vehicle Preemption, video detection systems, CCTV cameras, etc. AGA will work hand-in-hand with the contractor with configuring all Internet Protocol (IP) devices installed as part of the different projects.

Grant Funding Preparation and Administration
The AGA Team has extensive technical experience in assisting various agencies with the following grant funding related tasks:

Grant Funding Needs Analysis
AGA will work with City staff to review grant funding needs including CIP Projects identified by City departments, assess the validity of current funding priority areas, identify changes in funding priority areas, and identify new priority areas for grant related proposals based on funding viability. We will assist City staff in providing strategic outreach to relevant agency staff in determining how to competitively structure the City’s funding needs.

Grant Funding Research
AGA will conduct research to actively assist in identifying grant resources including, but not limited to, federal/state, foundation, agencies and organizations that support the City’s funding needs and priorities for transportation projects. Over the years, the AGA team has successfully assisted multiple cities with RTSSP grants for traffic signal synchronization and system improvements, Highway Safety Improvement Program (HSIP) grants for safety improvements, ATP grants for encouraging physical activity such as biking and walking, and MTA grant funds.

Grant Funding Application
AGA will provide technical assistance to City staff with developing the grant funding applications. We will complete all necessary forms in response to all grant requirements and evaluate the cost implications to ensure an executable project that will score favorably based on the funding criteria requirements. AGA will provide the City with a submittal-ready application. The AGA Team previously assisted the following cities with applying for grant funds:

Buena Park - $1.3 million HSIP grant Downey - $249,900 HSIP grant Fountain Valley - $1.9 million HSIP grant Fullerton - $11 million OCTA RTSSP grants La Habra - $13 million OCTA RTSSP grants Placentia - $1.2 million HSIP grant Redlands - $250,000 HSIP grant Rialto - $413,200 grant
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Grant Funding Administration and Reimbursement
Upon receipt of a grant, the AGA team will assist a City with the implementation and day-to-day administration of the grant related project. We will comply with all grant administration requirements including periodic reporting of progress and expenses, semi-annual reviews, and any project related scope changes or unforeseen project extensions. At the close-out of the project, AGA will also provide the complete project expense documentation for total project expense reimbursement. The AGA Team assisted the Cities of Fullerton and La Habra with the complete project expense reimbursement for the OCTA RTSSP grants.

Quality Assurance/Quality Control
An effective quality assurance/quality control (QA/QC) review will minimize or eliminate additional costs to the City related to reengineering or contractor claims during construction and liability after project completion. Delivering a quality product that is right the first time is the primary focus of AGA’s comprehensive QA/QC process. It is an integral part of our regular engineering design and study processes and the delivery of every investigation, study, report, or document we produce. This added layer of independent work product review will be conducted at no additional cost to the City.

Our QA/QC program requires that all deliverables leaving our office be reviewed prior to submittal to the client. All personnel performing work on this project are responsible to ensure its implementation. We have the philosophy that QA/QC is a continuous process to be utilized on plan preparation from conceptual design to final PS&E, as well as when conducting various other professional engineering tasks.

Our technical staff is trained to always review work products prior to finalization. Our experienced QC Manager will conduct an objective review of each work product. When several disciplines are involved in a project, the QC Manager may also seek review assistance when needed from other individuals specializing in those disciplines to verify that all project concepts are being met and all constructability issues are addressed prior to delivery of the project.

References
AGA is currently providing services similar to those listed in the RFP to the agencies listed below. Typical services include traffic signal warrant analyses, traffic impact analyses, engineering and traffic surveys, preparing grant applications, traffic signal designs, fiber optic communication design, traffic engineering construction support, presentations at various City meetings, Level of Service studies, etc. • County of Los Angeles • Lake Forest
• Orange County Transportation Authority • Long Beach
• Anaheim • Montclair
• Laguna Niguel • Orange
• Costa Mesa • Redondo Beach
• Fountain Valley • San Dimas
• Glendora • South Pasadena
• Highland • Vernon
MONTCLAIR CITY COUNCIL MEETING – 06/03/2024 Page 112 of 223 On-Call Traffic and Transportation Engineering Services

• Huntington Beach • Victorville
• La Habra • Whittier
• Laguna Beach • Yorba Linda
Traffic and Transportation Engineering Services
Mr. Michael Plotnik, Traffic Manager
City of La Habra
110 East La Habra Boulevard, La Habra, CA 90631
(562) 383-4162
[email protected]
Contract Dates: 1993- present
Participate as a member of the City’s Traffic Committee, monitor traffic signals remotely from AGA’s office, assist with reviewing proposed developments (traffic studies and site plans), conduct warrant analyses (traffic signal, stop sign and crossing guard), left-turn phasing studies, evaluate parking and school circulation plans, and respond to citizen’s concerns regarding a variety of traffic related items.

As-Needed Design Services
Mr. Temo Galvez, Deputy Director of Public Works/City Engineer City of Fountain Valley
10200 Slater Avenue, Fountain Valley, CA 92708
(714) 593-4517
[email protected]
Contract Dates: 2001- present
Development, implementation and fine-tuning of weekday and weekend coordination traffic signal timing plans citywide, signal warrant analyses, speed surveys and developing recommendations for raising/lowering speed limits, designing new and modified signal installations, and interagency coordination with adjacent cities and Caltrans. Most recently, AGA completed a Citywide Emergency Vehicle Preemption Study, a federally funded Citywide SSARP project, and we are currently finalizing a HSIP grant-funded project for traffic signal modifications of eight city signals. The AGA Team also assists the City with monitoring of their traffic signal system.

On-Call Traffic Engineering Services
Ms. Shari Garwick, Director of Public Works
City of San Dimas
245 East Bonita Avenue, San Dimas, CA 91773
(909) 394-6248
[email protected]
Contract dates: 2014-present
Task orders have included conducting traffic studies, speed surveys, multi-way stop studies, plan check reviews, project reviews, preparing traffic control reports, pedestrian route to school plans, and responding to citizen, business and City Council requests and suggestions, and traffic engineering construction services. Our team has also provided traffic signal design services, developed traffic signal timing plans, provided field support to troubleshoot traffic signal and communications issues, attend and participate in bi-monthly Traffic Safety Committee meetings, and provided grant assistance services.

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Schedule of Hourly Rates
May 2024
President / Executive Vice President $ 280
Vice President $ 260
Director of Project Development $ 240
Principal Transportation Engineer / Principal Engineer $ 240 Senior Design Engineer / Senior Transportation Engineer II $ 220 Senior Transportation Engineer I $ 210
Senior Project Engineer & Project Manager $ 200
Senior Project Engineer / Senior Associate $ 195
Transportation Engineer III / Advanced System Integrator $ 195 Transportation Engineer II $ 185
Transportation Engineer I / Senior System Integrator $ 175 Senior Signal Systems Specialist / Construction Inspector $ 175 Design Engineer/Signal Systems Specialist III $ 165
Associate Transportation Engineer III / Systems Engineer II $ 165 Associate Transportation Engineer II / Signal System Specialist II $ 155 Signal System Specialist I / Project Coordinator $ 145
Associate Transportation Engineer I / Associate Engineer II / Systems Engineer I $ 145 Associate Engineer I / Signal Technician II $ 135
Assistant Engineer / Assistant Project Coordinator $ 130 Signal Technician I $ 120
Transportation Engineering Assistant $ 110
Engineering Aide III $ 100
Traffic Enumerator / Engineering Aide II $ 85
Engineering Aide I $ 75
Council/Commission Meetings, Hearings, etc. (Billing Rate + $50 Surcharge) $ 1,000 Subconsultants will be billed at cost plus 20%
Hourly Rates are All-Inclusive: The hourly rates noted above are all inclusive fees for services rendered. All direct and indirect costs (i.e., mileage, equipment, materials, reproduction and printing, etc.) are included in our fees.

Hourly Rate Adjustments: The above rates will be in effect for a minimum of one year. Each July, after the first year of an Agreement, the hourly rates shown above may be subject to adjustment based on labor and overhead costs. AGA will submit new hourly rates schedule to the City up to once annually each July for approval.

EXHIBIT B
MONTCLAIR CITY COUNCIL MEETING – 06/03/2024 Page 114 of 223

CITY COUNCIL

AGENDA REPORT
DATE: MAY 6, 2024
SECTION: CONSENT - RESOLUTIONS
ITEM NO.: 1
FILE I.D.: CCK350
DEPT.: ADMIN. SVCS.

PREPARER: A. MYRICK
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 24–3437 ADOPTING A RECORDS AND

INFORMATION MANAGEMENT PROGRAM POLICY AND RECORD RETENTION SCHEDULES TOGETHER AS THE CITY OF MONTCLAIR’S OFFICIAL RECORDS

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

RCS has worked with staff to develop a proposed Records and Information Management Program Policy and revised Record Retention Schedules.

The City Council is requested to consider adoption of Resolution No. 24–3437 adopting a Records and Information Management Program Policy and Records Retention Schedules together as the City of Montclair’s official Records Management Program.

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

The CPRA defines a public record as “any writing containing information relating to the conduct of the public's business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics.” Although it provides an expansive definition of “writing,” it does not specify the retention period for public records. Instead, Government Code §34090 provides general retention periods for various categories of documents classified as public records.

In December of 2018, the City Council adopted Resolution No. 18–3224 in order to update the Records Retention Schedule (RRS) to comply with changes to various State and Federal statutes. While the updated RRS included statutory changes and guidelines for retention of certain records, the City of Montclair Records Management Program does not include a policy to support the RRS and other records management activities.

On August 15, 2022, the City Council approved a contract with RCS to develop a Records Management Policy, and to revise and improve the RRS to include new or updated Federal and State statutory retention requirements and to accurately represent all types of records maintained in the City’s departments. The project timeline was split into three phases, and progress has been made as follows:

MONTCLAIR CITY COUNCIL MEETING – 06/03/2024 Page 115 of 223  Phase 1: Discovery, Assessment, Gap Analysis, & Records Classification System Review of the City’s current policies and development of a project timeline.

Kick–off meeting with key City staff (the project team).

Separately held meetings with representatives from each department familiar with the department’s records to review and inspect active and inactive files including paper, electronic, and microfilm.

On–site reviews of currently available storage space and equipment.

Determine adherence to current records retention schedule and records management policies.

Assess the most appropriate maintenance, storage, and destruction methods and procedures for each department and record type. *
Prepare a report summarizing the result of the review of the City’s records and provide a presentation of findings and gap analysis to the project team. *
 Phase 2: Records Information & Management Policies, Procedures, Retention Schedule Develop a comprehensive proposal for a Records Management Program customized to the City’s records and staff preferences to maximize use of available on–site storage space, including:
 Updated Record Retention Schedules, and
 Policies and procedures for records and information management based on best practices.

Provide recommendations for physical and digital records storage and a centralized, all–inclusive system for quickly navigating and locating records.*
 Phase 3 – Records Management Program Implementation Strategy & Training Develop procedure guides for Records Management Program maintenance and preservation.

Provide staff training.
*Note: Consultant is currently preparing a consolidated report containing the assessment, findings, and recommendations.

The updated schedules have been reviewed and approved by each of the Department Heads, the City Attorney, and the City Clerk. The Records and Information Management Program Policy has been reviewed and approved by the City Attorney and the City Clerk.

Resolution No. 24–3437 would rescind and supersede Resolution No. 18–3224, the previous resolution that updated the Records Retention Schedules, originally adopted via Resolution No. 12–2973, as the City of Montclair’s official Records Management Program.

FISCAL IMPACT: The City Council’s adoption of Resolution No. 24–3437 would have no direct fiscal impact on the City’s general fund.

RECOMMENDATION: Staff recommends the City Council adopt Resolution No. 24–3437 adopting a Records and Information Management Program Policy and Record Retention Schedules together as the City of Montclair’s official Records Management Program.

MONTCLAIR CITY COUNCIL MEETING – 06/03/2024 Page 116 of 223 Resolution No. 24–3437 Page 1 of 2
RESOLUTION NO. 24–3437

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MONTCLAIR RESCINDING AND SUPERSEDING RESOLUTION NOS.
12–2973 AND 18–3224, AND TOGETHER ADOPTING A RECORDS

AND INFORMATION MANAGEMENT PROGRAM POLICY AND

REVISED RECORD RETENTION SCHEDULES AS THE CITY OF
MONTCLAIR’S OFFICIAL RECORDS MANAGEMENT PROGRAM
WHEREAS, it is necessary for the efficient operation of the City to follow a procedure for the retention of City documents and other records, as well as follow a schedule for the destruction of obsolete records; and
WHEREAS, the adoption of a Records Retention Schedule facilitates the orderly and efficient transfer, retention, and disposition of records in a responsible and timely manner; and
WHEREAS, the State of California and the Federal Government have specified time periods in which public records are required to be retained; and WHEREAS, California Government Code (GC) Section 34090 et. seq. sets forth certain legal requirements relating to the retention of certain municipal records and provides a procedure whereby City records that have served their purpose and are no longer required may be destroyed; and
WHEREAS, on November 11, 2012, the Montclair City Council adopted Resolution No. 12–2973 adopting a Records Retention Schedule as the City of Montclair’s Official Records Management Program in order to facilitate the orderly and efficient transfer, retention, and disposition of records of the City of Montclair in a responsible and timely manner; and
WHEREAS, on December 17, 2018, the Montclair City Council adopted Resolution No. 18–3224 amending the Records Retention Schedule; and WHEREAS, City staff finds that the current retention schedule does not accurately reflect all of the City’s records nor does it contain references to relevant government codes that govern the retention of specific records;
WHEREAS, the City hired Records Control Services, Inc., a firm specializing in government records management, which recommended inclusion of a policy as part of the Records Management Program and updates to the Retention Schedules and; WHEREAS, the City Attorney and City Clerk have reviewed and approved the proposed Records and Information Management Program Policy and revised Record Retention Schedules making up the City of Montclair’s proposed official Records Management Program; and
WHEREAS, in accordance with provisions of GC Section 34090 et. seq., the City Council hereby acknowledges that the City Attorney’s signature on this Resolution constitutes written consent under GC Section 34090 et. seq. for the destruction of obsolete and unnecessary records and documents in accordance with the City of Montclair’s Record Management Program.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Montclair does declare the following:

SECTION I. Resolution Nos. 12–2973 and 18–3224 are hereby rescinded and superseded by this Resolution.

SECTION II. Exhibit “A”, the Records and Information Management Program Policy (the “Policy”), and Exhibit “B”, the Record Retention Schedules (the “Retention Schedules”), of this Resolution are hereby adopted together as the City of Montclair’s official Records Management Program (the “Program”).

SECTION III. Amendments to the Program. Amendments or updates to the Program, consisting of the Policy and Retention Schedules, shall be approved only by City Council resolution.

SECTION IV. Ongoing Authority for Necessary Amendments to the Program. The City Clerk or their designee shall have authority to amend the Policy and Retention MONTCLAIR CITY COUNCIL MEETING – 06/03/2024 Page 117 of 223 Resolution No. 24–3437 Page 2 of 2
Schedules from time to time in accordance with changes to State and Federal law that affect procedural requirements and retention periods of City records.

SECTION V. Ongoing Authority for Destruction of Records. In accordance with the Policy, the City Clerk or their designee is hereby authorized and shall have ongoing authority, without further approval by the City Council and with the consent of the City Attorney, for destruction of City records based on the Retention Schedules.

SECTION VI. This Resolution shall become effective immediately upon adoption.

APPROVED AND ADOPTED this XX day of XX, 2024.

Mayor

City Attorney
ATTEST:

City Clerk
I, Andrea M. Myrick, City Clerk of the City of Montclair, DO HEREBY CERTIFY that Resolution No. 24–3437 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, 2024, and that it was adopted by the following vote, to–wit:

AYES: XX
NOES: XX
ABSTAIN: XX
ABSENT: XX
Andrea M. Myrick
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 06/03/2024 Page 118 of 223

CITY OF MONTCLAIR

RECORDS AND INFORMATION MANAGEMENT PROGRAM POLICY

1. PURPOSE
This Records and Information Management Program Policy (“Policy”) establishes comprehensive and uniform methods for the cost effective and efficient management of the City’s public records (including creation, utilization, maintenance, security, retention, storage, preservation, and destruction), in accordance with legal requirements and professional standards.

2. SCOPE
This Policy is established by the City in accordance with all relevant federal, state, and local laws, and contractual requirements. In particular, this Policy is established in accordance with the State Record Retention laws (Government Code §34090, et seq.) as well as the California Public Records Act (Government Code §7920, et seq.). Additionally, where relevant to the needs of the City’s management of records, the City has incorporated provisions from professional standards and guidelines. All physical hardcopy or electronic documents, sound, or video works created by employees while executing the City’s business are records under this policy regardless of whether they are managed in a formal process by the employee’s department or kept by an employee or their work unit for reference or any other purpose.

3. AUTHORITIES
The legal authorities and professional guidelines applicable to the management of City records include, but are not limited to, the following:

3.1. Federal and State Law. Numerous Federal and State laws related to minimum record retention requirements and statutes of limitations apply to different types of records. Each record series listed in the Record Retention Schedule cites applicable laws.

3.2. Government Code §34090 et seq. The principal provisions of California law applicable to City Record Retention requirements are addressed in Government Code §34090, et seq., which generally require original public records to be retained for a minimum of two years and sets forth other requirements for the retention and destruction of specific public records. This Policy establishes the procedures consistent with the provisions within the state law for the destruction of original public records which have been retained for at least the minimum retention period and are no longer required by the City for business or historical purposes. The Policy also addresses the destruction of records which have been replaced by “Trusted Copies” (GC §34090.5) and the destruction of “Duplicate Copies” (GC §34090.7). Per subsections of the code, the state law provisions do not authorize the destruction of:
a. Records affecting title to real property or liens thereon b. Court records
c. Records required to be kept by statute
d. Records less than two years old
e. The minutes, ordinances, or resolutions of the legislative body or of a city board, agency or commission

3.3. Government Code §6200 et seq. Except as otherwise provided by Government Code §34090 et seq., Government Code §6200 et seq. provides that any City employee who is found guilty of willfully destroying (including altering, falsifying, mutilating, defacing, or stealing, in whole or in part) a public record may be punished by imprisonment for up to four years.

3.4. Government Code §7920 - §7931 et seq. The California Public Records Act (Government Code §7920 - §7931 et seq.) provides definitions for “writings” and “public records” for the purpose of determining which public documents are required to be disclosed to the public upon request, and which public documents are confidential or otherwise exempt from disclosure.

3.5. Professional Standards and Suggested Retention Guidelines. Selected professional associations and other governmental agencies, such as the California Secretary of State, the Department of Justice, and the City Clerk’s Association of California, have published standards, model retention guidelines, and/or articles recommending retention periods for different types of records. Although these standards and guidelines are not binding upon the City, the City will take these documents into RES 24-3437 - EXHIBIT A MONTCLAIR CITY COUNCIL MEETING – 06/03/2024 Page 119 of 223

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consideration in establishing the City’s Record Retention Schedules and, where applicable, the City will identify deviations from these suggested guidelines within the Record Retention Schedules.

3.6. 2 CCR §22620 et seq. The State of California provides requirements and guidelines for Trustworthy Electronic Document or Record Preservation. This includes requirements for electronic document format, system backups, file compression, security, and policies and procedures for retaining official documents or records created or acquired using a trusted system.

3.7. Government Code 12168.7. In addition to the State’s Trustworthy Electronic Document or Record Preservation requirements, the State sets standards for “trusted systems” to acquire electronic documents when the City collaborates with State agencies. These standards define what a trusted system is and how records must be preserved using trusted systems, including cloud computing services for records storage.

4. DEFINITIONS

4.1 Active Records: Records referenced and readily accessible in the general conduct of current City business.

4.2 Annual Destruction: Time period each year when the City Clerk’s Office coordinates with Records Coordinators to destroy records pursuant to the requirements of the Program and the Record Retention Schedules. Beyond this time, Records may also be destroyed by Records Coordinators according to the Record Retention Schedules and this Policy at any point after the Records are designated as obsolete, as long as the records are not maintained more than 1 year beyond the date the record is eligible for destruction.

4.3 Citation(s): “Citations” listed in the Record Retention Schedules are the legal bases for a minimum retention period, as required by federal, state, regional and/or local governmental agencies.

4.4 Confidential Record: There are many sources of legal authority that define a “Confidential Record” including, but not limited to, the California Public Records Act, Government Code §7920 - §7931 et. seq. Therefore, it would be impractical to list all definitions of a “Confidential Record” within this Policy.

If there is any question as to whether a record is a Confidential Record, staff should consult with the City Clerk and/or the City’s legal counsel prior to disclosure.

In general, a “Confidential Record” is any record not disclosed to the public unless directed by court order. Examples of a “Confidential Record” may include, but are not limited to, the following:
a. Personnel records:

Examples include any personnel, medical or similar files, the disclosure of which would cause an unwarranted invasion of personal privacy.
b. Pending litigation or claims:

In general, Government Code §7927.200 provides that when litigation or a claim is filed against the City, the records pertaining to the litigation or claim are exempt from public disclosure until the litigation or claim has been adjudicated or settled.
c. Attorney/client privilege and attorney work product:

It should be presumed that all communications from the City Attorney’s office or other special legal counsel on behalf of the City are subject to attorney/client privilege, and the communications should be protected accordingly.
d. Police records and investigative reports:

Examples include, but are not limited to, a wide variety of records such as:
 Police investigations, intelligence, analysis, and conclusions  Information that may endanger the safety of any person  Juvenile records
 Active case files
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e. Feasibility studies for property acquisition or public contracts:

Unless required to be disclosed by eminent domain law, feasibility studies relative to the acquisition of property, or to prospective public supply and construction contracts, are not disclosed until all the property has been acquired or until the contract or agreement has been executed.
f. Proprietary information obtained by the City:

Proprietary information will not be disclosed if any of the following apply:
 The outside party providing the information submits the information with the expressed intention to maintain the confidence.
 The information has not previously been disclosed to others.  The outside party has a reasonable expectation that the information will be maintained in confidence based upon how the City obtained the information.

Examples include, but are not limited to, financial information or computer source code submitted as a condition of a license, permit or certificate.

Public Interest Balancing Test
If a writing does not fit a specific category of exemption, the writing may still be exempt if it meets the Public Interest Balancing Test. According to GC §7922.000, “The agency shall justify withholding any record by demonstrating that the record in question is exempt under express provisions of [the Public Records Act] or that on the facts of the particular case the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record.” Since there is a significant body of case law analyzing this balancing test, City staff must consult with the City’s legal counsel when determining whether a record may be disclosed upon request.

4.5 Databases: “Databases” consist of electronic files, tables, and fields of data, which manage and store information useful to the department or division. “Databases” are modified over time through the addition, deletion, or modification of data. “Databases” may be maintained by the City or hosted by outside sources. The specific policy regarding databases can be found in Section 6.1.7.

4.6 Duplicate Copy: A record that is a copy of an Official Record if the copy is not within the definition of a “Trusted Copy”. In addition to hard copies of Official Records, “Duplicate Copies” also include, but are not limited to, database backups or other copies of electronic records.

4.7 Electronic Mail (E-mail): Messages and communications transmitted over internal and external networks are considered “Electronic Mail”. The City considers “Electronic Mail” a transitory record, and the City’s policy on “Electronic Mail” is addressed in Section 6.1.6.

4.8 Electronic Records: Records that contain information readable by machine or computer, and which may include information such as text, numbers, graphs, line drawings, pictures, images, video or sound are considered “Electronic Records”. Examples of “Electronic Records” include, but are not limited to, the following:
 Audio or video recordings
 Electronic mail
 Databases
 Digital images
 Presentation graphics
 Word processing files
 Spreadsheet files
 Voicemail
“Electronic Records” reside on, but are not limited to, media such as magnetic disks or tapes, audio or video cassettes, optical disks, DVDs, CDs, hard drives, or memory sticks.

4.9 Historical Records: Records valuable to future researchers that document accomplishments, changes, and growth of the City.

4.10 Inactive Records: Records that are no longer referenced, nor required to be readily accessible, in the general conduct of current City business. Such records may be stored at an off-site storage location or within the work area during their required retention period.

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codes, sequential identification numbers, dates, Office of Record, project number, account number, or other source information describing the record’s contents. Such information, in and of itself, does not constitute a record.

4.12 Litigation Hold: A temporary hold on destruction of any documents potentially relevant to reasonably anticipated, pending, or threatened litigation.

4.13 Media: The physical format in which a record is maintained including, but not limited to, paper, photographic, micrographic, computer storage, and any other recording or storage method.

4.14 Non-record Writing: Any writing which is not within the definition of a Record. Examples of “Nonrecord Writings” include writings that are not directly related to the conduct of the City’s business and/or are used specifically for reference including, but not limited to, textbooks, brochures, catalogs, or seminar announcements.

4.15 Official Record: An “Official Record” is the original record or “Trusted Copy” having the legally recognized and enforceable quality of any writing containing information related to the conduct of the City’s business.

4.16 Office of Record (OOR): The department within the City that is responsible for maintaining a particular record series in accordance with this Policy and the Record Retention Schedules is considered the “Office of Record”. The Record Retention Schedules identify the “OOR” for each record series.

Typically, the “OOR” is the department that originates the record. Exceptions may be noted on the Record Retention Schedules.

4.17 Permanent Records: Records that are required to be kept in perpetuity, usually identified by statute or other written guidance. Examples include, but are not limited to, original minutes, ordinances, resolutions, and land grant deeds.

4.18 Record: For retention purposes, a Record includes any writing containing information relating to the conduct of the business prepared, owned, used, or retained by the organization regardless of physical form or characteristics. Records include the subsets of trusted copies, confidential records, vital records, historical records, active records, inactive records, electronic records and transitory records, as defined within this Policy.

4.19 Record Inventory: An inventory of a department’s records where the following information is recorded:
 The type of record (record series)
 The date range of the records
 The volume of the records
 The format of the record (paper, microfilm or electronic) An inventory helps build and maintain the Record Retention Schedules.

4.20 Record Retention Schedules: “Record Retention Schedules” list all record series which are prepared, owned, used, or retained by the City, and identify the required retention period for each record series. The “Record Retention Schedules,” and any amendments or updates thereto, are approved by City Council resolution.

4.21 Record Series: A set of records which are created, stored and maintained together. “Record Series” are used as a method to organize records by function and/or document type within the City. Examples of different “Record Series” include, but are not limited to, the following:
 Contracts
 Purchase Orders
 Resolutions
 Minutes of official meetings
 Timecards
 Financial Statements

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custody and control over their records and ensure prompt and efficient handling and destruction of records pursuant to the Record Retention Schedules.

4.23 Records Coordinators: Designated staff within each department or division that are intimately familiar with records maintained in their department or division. The person is the main point of contact between the City Clerk’s Office and staff regarding the City’s Records Management Program and this Policy as it relates to records in their department or division.

4.24 Retention Period: A “Retention Period” is the length of time that a particular record is retained by the City before its disposal in accordance with this Policy. The “Retention Periods” for City records are identified on the Record Retention Schedules.

4.25 Transitory Records: A writing with only transitory (short-lived) value since the information is used for a relatively short period of time. Examples include, but are not limited to, the following documents that are not retained in the ordinary course of business:
 Preliminary drafts
 Notes
 Interagency/intra-agency memoranda
 Voicemail
 Handheld recorders

4.26 Trusted Copy: A “Trusted Copy” is a copy of an originally created record if the copy is created on a Trusted System. “Trusted Copies” are photographically or electronically generated documents controlled by daily operational procedures and policies to ensure reasonable expectations of document integrity, free from physical or electronic additions, subtractions, or other modifications that would change the content of the original document.

Once a “Trusted Copy” is created, it will replace the original source document, and the “Trusted Copy” must then be retained as the Official Record in accordance with the requirements of this Policy and the Record Retention Schedules.

4.27 Trusted System: As defined by GC §12168.7(c), “Trusted System” means a combination of techniques, policies, and procedures for which there is no plausible scenario in which a document retrieved from or reproduced by the system could differ substantially from the document that is originally stored.”
Thus, a “Trusted System” includes any method of creation, management and/or storage of an Official Record, as defined within this Policy.

4.28 Vital Record: Includes records that are needed to continue or resume basic City operations in the event of a disaster.

4.29 Writing: As defined by Government Code §7920.545, “Writing” means any handwriting, typewriting, printing, photo stating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored.” Thus, “Writing” is a comprehensive definition that includes the subsets of public records, trusted copies, confidential records, duplicate copies, non-record writings, vital records, historical records, active records, inactive records, electronic records, and transitory records, as defined within this Policy.

5. RESPONSIBILITIES
Active management of the City’s records is required to ensure that the records are properly maintained.

This section identifies elected officials and staff members responsible for managing the City’s records.

5.1 City Council
The City Council reviews and approves official policies governing the maintenance of the City’s official records including this Policy, the original Record Retention Schedules, and any amendments thereto.

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5.2 City Manager
The City Manager (or their designee) shall be responsible for administering this Policy and approving minor amendments and administrative changes to the Record Retention Schedules.

5.3 City Attorney
The City Attorney (or their designee) shall be responsible for the following:
a. Providing legal review and approval to any proposed amendments to this Policy or the Record Retention Schedules.
b. Providing legal review of changes in the law relating to this Policy and the Record Retention Schedules.
c. Notifying the affected OOR and the City Clerk when the City must suspend the destruction of records due to pending or potential litigation, discovery requests, or for any other reason. d. Reviewing all requests for records destruction and exercising discretion to approve or deny requests for destruction in accordance with this Policy. e. Forwarding all approved requests for destruction to the City Clerk.

5.4 City Clerk
The City Clerk (or their designee) shall be responsible for the following:
a. Implementing and coordinating the City’s Records and Information Management (RIM) program. b. Providing review and approval to any proposed amendments to this Policy or the Record Retention Schedules.
c. Disseminating information and providing RIM program training to departments. d. Establishing and maintaining a program to assist departments in the destruction of records once their respective retention periods have expired.
e. Assisting all departments in complying with this Policy. f. Providing written notification to the City Manager and relevant Department Directors of violations of the Record Retention Schedules and this Policy.
g. Performing periodic training and audits to assist departments in complying with the Record Retention Schedules and this Policy.
h. Providing written notification to the City Manager and Department Directors of audit discrepancies within their respective departments.
i. Providing review of changes in records management practices relating to this Policy and the Record Retention Schedules.
j. Receiving City Attorney approved requests for records destruction for final review and processing. k. Maintaining the Official Record of all documents related to the City’s RIM program, and any amendments or updates thereto, including the following:
 Policy
 Record Retention Schedules
 Lists of Records Coordinators and alternates
 Master Index of Record Series, as submitted by each department  Requests for Destruction of Records
 Authorizations to Destroy Records
 Certifications of Destroyed Records

5.5 Department Directors
Department Directors are responsible for the following:

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a. Administering the City’s RIM program in their respective departments and overseeing that Policy parameters are implemented in a timely manner.
b. Appointing a Records Coordinator and an alternate to work with the City Clerk’s Office to implement this Policy. Large departments with several divisions may have multiple Records Coordinators and alternates.
c. Establishing and maintaining an inventory of departmental records and providing an updated electronic copy to the City Clerk upon request. The inventory shall identify the following aspects of each record:
 Associated records series
 Activity status (e.g., active, inactive)
 Media format of the Official Record
 Storage method and/or location
 Importance (e.g., vital, historical, confidential), where applicable d. Coordinating with the City Clerk’s Office in the development and amendment of their department’s Record Retention Schedule.
e. Periodically reviewing the department’s Record Retention Schedule to ensure that the schedule is complete, current, and accurate.
f. Providing the City Clerk’s Office written proposed amendments to the Record Retention Schedule, when needed.
g. Ensuring the security of records that have been identified as confidential. h. Notifying the City Clerk’s Office of any information received regarding legal issues related to the retention of records within their department.
i. Reviewing proposed changes to the Record Retention Schedule, as prepared by the offices of the City Clerk and City Attorney.
j. Reviewing requests for the destruction of departmental records as authorized by this Policy and the Record Retention Schedules and forwarding such requests to the City Attorney. k. Approve the destruction of Duplicate Copies, Transitory Records, and Non-Records in accordance with this Policy.
l. Providing written notification to the City Manager and the City Clerk’s Office of any discrepancies or violations of this Policy or the Record Retention Schedule within their department.

5.6 Records Coordinators
The Records Coordinator(s) for each department, under the direction of the Department Director, are responsible for:
a. Creating an index of department records series, and working with the City Clerk (or their designee) to develop and update the Record Retention Schedule for their department’s records. b. Informing and updating employees in the department about this Policy and the department’s Record Retention Schedule.
c. Ensuring that active records within the department are maintained according to methods described in this Policy and the department’s Record Retention Schedule. d. Maintaining the security of records that have been identified as confidential. e. Maintaining a master inventory of all department records kept internally and at off-site storage facilities.
f. Monitoring all records that are sent off-site for storage to ensure the records are properly packaged and labeled, accurately and completely inventoried, and assigned proposed disposition dates. g. Coordinating all requests to retrieve documents from off-site storage and ensuring that documents are returned to off-site storage in a timely manner.

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h. Annually reviewing records and preparing a list of records eligible for destruction when the retention period has expired, as described in this Policy and the Record Retention Schedule. i. Securing the Department Director’s approval for destruction of records when the retention periods have expired.
j. Ensure the destruction of Duplicate Copies, Transitory Records, and Non-Records in accordance with this Policy.
k. Providing written notification to their Department Director of any discrepancies or violations of this Policy or the Record Retention Schedule within their department.

5.7 City Staff
Any City staff member who routinely works with the City’s records, as required by their assignment, is responsible for:
a. Reviewing this Policy and their department’s Record Retention Schedule. b. Maintaining the security of records that have been identified as confidential. c. Retaining Duplicate Copies, Transitory Records and Non-records only if they are of direct importance to the current operation of their department. d. Surrendering all City records to their department’s Records Coordinators, their supervisors, the City Clerk, City Manager, or City Attorney, when requested. e. Providing written notification to their department’s Records Coordinator(s) and Department Director of any non-compliance with this Policy or the Record Retention Schedule.

6. POLICY
The Policy for the management, storage and preservation, and destruction of records is as follows:

6.1 Management of Records

6.1.1 Access Controls
All documents, writings, or other forms of information prepared, owned, used, produced, acquired, or retained by employees in the course of their duties, regardless of physical form or characteristics, are the exclusive property of the City. Employees shall have no expectation of privacy relating to City records.

When it is necessary for employees to work on physical documents away from the City, those documents must be returned to the City, and all copies from the outside location must be deleted or destroyed within 72 hours of final use or reference. Employees shall not have any physical City records in such places as private homes.

When it is necessary for employees to work on electronic documents away from the City, those documents must be accessed via the City’s virtual private network system, and no copies shall be stored on private computer equipment or other electronic media.

Records managed by outgoing officials, employees, contractors, or volunteers shall be delivered to their Department Directors, supervisors, or successors prior to separation from the City.

6.1.2 Migration of an Original Record to a Trusted Copy To ensure the accuracy of a Trusted Copy, employees of the OOR must follow the department’s approved process before replacing an original record. The process must be approved by the City Clerk.

Before designating a record as a Trusted Copy, legibility must be validated, and indexes or metadata confirmed as accurately reflecting the content of the original record.

Once the Trusted Copy has been validated and designated as the Official Record, the original record shall be immediately destroyed in the approved manner, unless maintenance and retention of the physical records is recommended, such as governing body Minutes, Resolutions, Ordinances and recorded documents.

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6.1.3 Vital Records
Vital Records are those records needed to continue business operations in the event of a disaster and will be identified as such on the Record Retention Schedules. Each department will be responsible for defining a Business Continuity Plan that includes the protection and maintenance of vital records.

Examples of protection include, but are not limited to:
 Storing hard copies in a fire-resistant filing cabinet or area, or in a locked vault, either on site or off site.
 Storing duplicate hard copies at a secure offsite facility for the duration of the retention life of the vital record.
 Creating regular back-ups for electronic vital records.  Printing vital records on acid-free, archival quality paper.  Maintaining:
o A list of physical locations of vital records storage facilities and systems. o Access codes, passwords and/or keys for facilities and systems. o Equipment used to store vital records or needed to access electronically stored vital records.
o An inventory of vital records within the facility.
o Procedures for accessing the vital records.

6.1.4 Historical Records
Historical Records are records that are valuable to future researchers to document the accomplishments, changes, and growth of the City. Record Series that may contain historical records will be identified within the Record Retention Schedules. Historical Records may be maintained within each department based on individual departmental procedures or forwarded to the City Clerk’s office for archival storage.

In the normal course of business, the historical value of a record may not be apparent. Routine business practices may cause certain records to be destroyed before or after historical value is determined.

6.1.5 Confidential Records
There are many sources of legal authority to exempt a record from disclosure including, but not limited to, the California Public Records Act, Government Code §7920 - §7931 et seq. It would be impractical to list all definitions of “confidential” records in this Policy. If there is any question as to whether a particular record should be designated as “confidential,” the Department Director shall consult the City’s legal counsel.

Confidential records must be maintained with sufficient security, and in accordance with applicable laws, to protect their contents from unauthorized access. Departmental procedures to ensure the security of confidential records will be the responsibility of the Department Director.

6.1.6 E-mail Communications, Text Messages on City-owned Phone, Instant Messages on Software Applications, City Social Media Accounts, and Electronic Retention All electronic data, including messages, text messages, and files sent, received, and/or stored utilizing the City of Montclair’s email software systems, applications downloaded on City devices, or Cityowned cell phones are considered City of Montclair property.

Emails and text messages that constitute public records, even when sent or received by City employees on personal email accounts or using personal electronic devices, are covered by this Policy, with the exception of messages stored on private electronic devices and private accounts that are inaccessible to the City.

All email received must be reviewed and archived, if appropriate, by the recipient. E-mail systems are not intended to be, and will not be, used for the electronic storage or maintenance of official records, or as document management systems. E-mail communications are retained as follows:
 E-mails will automatically be removed and deleted permanently from the user’s Inbox after 180 days.

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 E-mail communications relocated to the e-mail folder system will be automatically removed and deleted permanently from the corresponding folder after 2 years.

Each recipient shall determine whether the email should be preserved as a record, or whether it constitutes a "preliminary draft, notes, or memorandum that is not retained by the City in the ordinary course of business."
This section articulates the City's policy as to all electronic data contained in email inboxes and outboxes, electronic calendars, and tasks to the extent they are preliminary notes, drafts, and memoranda that are not retained by the City in the ordinary course of business. The City has an interest in administering its records and managing the size of its data storage as well as identifying which records are public and which are exempt.

The courts have observed that preliminary materials that are not customarily discarded or that have not in fact been discarded pursuant to policy or custom must be disclosed. Therefore, if there are emails or other data contained in the recipient’s electronic mail account that are responsive to a records request, that data must be disclosed in compliance with the law, and the email or other data may not be destroyed merely to avoid disclosure.

When staff decides to archive or otherwise preserve an email or other electronic data, such data shall not be retained in the employee's email system folders for purposes of archiving.

When archiving is desired, the email or electronic data must be preserved by printing out and preserving in a paper file or pursuant to a departmental program for filing and storing City records.

Alternatively, the email or electronic data may be saved in a permanent electronic folder.

Some employees are assigned City-owned cell phones, which have a texting capability. There is no expectation of privacy on information generated or stored on City-owned phones and such phones shall be primarily used to conduct City business.

The City will subscribe to and register all City-owned cell phones to a software provider service that will capture and archive all text messages sent and received on City-owned cell phones. These text messages will be archived for two years.

Any City-owned social media sites will be registered to software that will archive data related to the site. This data will be archived for two years.

6.1.7 Databases
For Record Retention purposes, the City considers all databases, whether residing on City systems or hosted by an outside source, to be Transitory Records. The blanket retention period for databases is “Until Superseded” to reflect that only the current version has informational and business value to the City.

The OOR that uses, maintains, and modifies a database must assure the information contained within the database is correct and accurate, and has the obligation to produce information from the database, as needed, to perform City business. Due to the transitory nature of databases, periodic reports produced from a database, and used for administrative, fiscal, legal or historical purposes, may become Official Records. Reports designated as Official Records must be maintained in accordance with the Record Retention Schedules.

For example, the City’s Annual Budget Report captures the financial position at the end of a fiscal year, and is used to inform the City Council, staff, and the public of the City’s financial state. Thus, the report must be retained for the retention period designated in the Record Retention Schedule to reflect operational needs.

6.2 Storage and Preservation of Records

6.2.1 Active Records
Storage and preservation methods for active Official Records must be approved by the City Clerk and meet all the following minimum specifications:
a. Records must be stored and maintained using complete inventories and accurate indexes which allow them to be identified, retrieved, and disposed of in an expeditious manner.

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b. Records must be maintained so they are readily accessible to conduct current City business. c. Storage systems for Official Records will accommodate hard-copy or electronic records and must also conform to the requirements of a Trusted System. Migration of original paper records to electronic form requires a process that complies with Section 6.1.2 of this policy. d. Filing systems should follow these guidelines:
d.1 Physical file folder labels should have a consistent style, not a mixture of different styles.

This makes reading labels on physical files easier and increases access rates. File labeling should be consistent for the entire group of records. d.2 A single filing system for primary and secondary indexing levels should be chosen and remain consistent. For example, after establishing primary file sections, select an alphabetical, alpha-numeric, or subject classification to control the sub-group files. d.3 Record series should be kept together so that permanent records are separate from records with shorter retention requirements. When preparing files for a new calendar or fiscal year, set up files by retention period and add files to the department inventory list including destruction dates.
d.4 Confidential files should be labeled with obvious notations to alert staff members to the special handling requirements.
d.5 Inactive records should be transferred to the department’s record center or storage provider to ensure the maximum capacity is available for housing active records.

6.2.2 Inactive Records
Inactive records may be stored in a secured City facility or stored by a commercial service provider.

An Off-site storage facility must:
a. Meet applicable state and local codes.
b. Provide protection from fire and intrusion.
c. Provide reasonable access to records in a timely manner.

Each department shall maintain an inventory of its inactive records in storage and forward an electronic copy of said inventory to the City Clerk’s Office. Prior to sending records to storage, Duplicate Copies, Transitory Records, and Non-Records must be removed and destroyed in accordance with this Policy.

6.2.3 Cloud or Hosted Electronic Records
Cloud stored or hosted electronic records must follow the City’s record retention schedules. The cloud or hosting company must:
a. Meet applicable state and local codes.
b. Provide protection from fire and intrusion.
c. Provide reasonable access to records in a timely manner.

6.3 Destruction of Records

6.3.1 Destruction of Physical or Electronic Records
The City Clerk’s Office oversees and administers the Program, Record Retention Schedules, and the annual destruction of records. This applies to all records, regardless of format.

Annual destruction of records occurs on a day, or days, of each year as determined by the City Clerk, and departments may request authority to destroy records at that time or any time during the year.

Departments must complete destruction processes at least once each calendar year to stay in compliance with the Program and Record Retention Schedules.

Departments must identify all records eligible for destruction pursuant to the Record Retention Schedules and submit a Records Destruction Request Form to the City Clerk’s Office by or before December 31st of the year prior to the record’s obsolescence. The form shall list all documents to be RES 24-3437 - EXHIBIT A MONTCLAIR CITY COUNCIL MEETING – 06/03/2024 Page 129 of 223

CITY OF MONTCLAIR

RECORDS AND INFORMATION MANAGEMENT PROGRAM POLICY