CITY OF MONTCLAIR
CITY COUNCIL
SUCCESSOR REDEVELOPMENT AGENCY,
MONTCLAIR HOUSING CORPORATION, MONTCLAIR
HOUSING AUTHORITY, AND MONTCLAIR COMMUNITY
FOUNDATION MEETINGS
AGENDA
Monday, August 21, 2023
7:00 p.m.
Location
Council Chamber
5111 Benito Street
Montclair, CA 91763
Webinar Link
https://zoom.us/j/93717150550
Dial #
1–669–900–6833
Meeting ID
937–1715–0550
Mayor
Javier “John” Dutrey
Mayor Pro Tem
Tenice Johnson
Council Members
Bill Ruh
Corysa Martinez
Benjamin “Ben” Lopez
City Manager
Edward C. Starr
City Attorney
Diane E. Robbins
City Clerk
Andrea M. Myrick
REGULAR JOINT MEETING OF THE
CITY COUNCIL, SUCCESSOR AGENCY, MONTCLAIR HOUSING CORPORATION,
MONTCLAIR HOUSING AUTHORITY, AND MONTCLAIR COMMUNITY FOUNDATION to be held in the Council Chambers
5111 Benito Street, Montclair, California
Monday, August 21, 2023
7:00 p.m.
Remote Participation Information:
Zoom Link: https://zoom.us/j/93717150550
Dial Number: 1 (669) 900–6833
Meeting ID: 937–1715–0550
Please be advised that those participating via Zoom do so at their own risk. The meeting will not be suspended or cancelled if any technical issues occur during the meeting.
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 or online at https://www.cityofmontclair.org/public–comment/. The Mayor/Chair (or the meeting’s Presiding Officer) will call on those who submitted requests to speak at the appropriate times during the meeting. Those who did not submit a request to speak who are present at the meeting location may raise their hand during Public Comment to request to speak. Those participating remotely may request speak using the “raise hand” function in Zoom or may dial *9 if on the phone, and then *6 to un–mute when called on to speak. Written comments (200–word limit per agenda item, and 200–word limit for all non–agenda items combined) and requests to speak can also be emailed to [email protected] at least one hour before the meeting begins.
Video recordings of Council meetings are available on the City's website at https://www.cityofmontclair.org/council–meetings/ and can be accessed by the end of the business day following the meeting.
AGENDA
I. CALL TO ORDER City Council [CC], Successor Agency Board [SA], Montclair Housing Corporation Board [MHC],
Montclair Housing Authority Commission [MHA],
Montclair Community Foundation Board [MCF]
II. INVOCATION
In keeping with our long–standing tradition of opening our Council meetings with an invocation, this meeting may include a nonsectarian invocation. Such invocations are not intended to proselytize or advance any faith or belief or to disparage any faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation.
III. PLEDGE OF ALLEGIANCE
IV. ROLL CALL
V. PRESENTATIONS
A. Certificate of Recognition Presented to Jorge Grajeda for Courageous Actions VI. PUBLIC COMMENT
During Public Comment, you may comment on any subject that does not appear on this agenda. Each speaker has up to five minutes. The meeting’s presiding officer may provide more or less time to accommodate speakers with special needs or a large number of speakers waiting in line. (Government Code Section 54954.3).
If you did not submit a Speaker Card and would like to speak on an item on the Consent Calendar, please raise your hand during Public Comment to announce the agenda item you would like to provide comments on. The presiding officer will call on you to speak at the time of the item’s consideration.
Under the provisions of the Brown Act, the meeting bodies are prohibited from participating in substantial discussion of or taking action on items not listed on the agenda.
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MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 1 of 116 Page No.
VII. PUBLIC HEARINGS
A. Consider Adoption of Resolution No. 23–3404 Declaring the City’s Intent to Become Subject to the Uniform Public Construction Cost Accounting Act [CC] First Reading — Consider Ordinance No. 23–1004 Amending Section 3.08.010 of the Montclair Municipal Code to Provide Informal Bidding Procedures Under the Uniform Public Construction Cost Accounting Act [CC]
Consider Setting a Public Hearing for Second Reading and to Consider Adoption of Ordinance No. 23–1004 on Monday, September 18, 2023, at 7:00 P.M. in the City Council Chambers [CC] 4
VIII. CONSENT CALENDAR
A. Approval of Minutes
1. Regular Joint Meeting — August 7, 2023 [CC/SA/MHC/MHA/MCF] 110 B. Administrative Reports
1. Consider Receiving and Filing of Treasurer’s Report [CC] 11
2. Consider Approval of Warrant Registers & Payroll Documentation [CC] 12
3. Consider Receiving and Filing of Treasurer’s Report [SA] 13
4. Consider Approval of Warrant Register [SA] 14
5. Consider Receiving and Filing of Treasurer’s Report [MHC] 15
6. Consider Approval of Warrant Register [MHC] 16
7. Consider Receiving and Filing of Treasurer’s Report [MHA] 17
8. Consider Approval of Warrant Register [MHA] 18
9. Consider Authorizing a $33,812.14 Allocation from the General Fund for the Purchase of a 2023 Nissan Rogue from Metro Nissan Montclair for Use by the Human Services Department [CC] 19
10. Consider Approval of a Policy for Use of City–Owned and Controlled Electronic Message Boards [CC] 20
C. Agreements
1. Consider Approval of Agreement Nos. 23–61, 23–62, and 23–63 with Montclair Little League and Golden Girls Softball League for Use of Ball Field Facilities [CC] 25
2. Consider Approval of Agreement No. 23–67 with Epic Land Solutions to Provide Right–of–Way Consulting Services on an As–Need Basis, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] 47 D. Resolutions
1. Consider Adoption of Resolution No. 23–3418 Authorizing the Submission of an Application for Grant Funds for the Community Resilience Centers Program from the Strategic Growth Council and Authorizing the Execution of Application–Related Documents by the City Manager or Their Designee [CC] 94
MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 2 of 116 Page No.
IX. PULLED CONSENT CALENDAR ITEMS
X. BUSINESS ITEMS
A. Consider Providing Direction to Staff Related to a Request by the Jewish Federation of the Greater San Gabriel and Pomona Valleys for the City Council to Adopt a Resolution Denouncing Antisemitism and All Forms of Hatred [CC] 96
XI. COUNCIL WORKSHOP
A. North Montclair Street Improvement Master Plan Presentation (The City Council may consider continuing this item to an adjourned meeting on Monday, September 18, 2023, at 5:45 p.m. in the City Council Chambers) XII. COMMUNICATIONS
A. Department Reports — None
B. City Attorney
1. Request for City Council to Meet in Closed Session Pursuant to Government Code Section 54957.6 Regarding Conference with Designated Labor Negotiator Edward C. Starr [CC]
Agency: City of Montclair
Employee Management
Associations: Montclair City Confidential Employees Association Montclair General Employees Association
Montclair Fire Fighters Association
Montclair Police Officers Association
C. City Manager/Executive Director
D. Mayor/Chairperson
2. Notice of Cancellation of September 5, 2023 Regular Joint Meeting [CC/SA/MHC/MHA/MCF]
E. Council Members/Directors
F. Committee Meeting Minutes (for informational purposes only)
1. Personnel Committee Meeting — August 7, 2023 [CC] 109 XIII. CLOSED SESSION
XIV. CLOSED SESSION ANNOUNCEMENTS
XV. ADJOURNMENT
The regular joint meeting of the City Council, Successor Agency Board, Montclair Housing Corporation Board, Montclair Housing Authority Commission, and Montclair Community Foundation Board scheduled for Tuesday, September 5, 2023, has been cancelled due to a lack of pressing business. The next regular joint meeting will be held on Monday, September 18, 2023, at 7:00 p.m.
Reports, backup materials, and additional materials related to any item on this Agenda distributed to the meeting bodies after publication of the Agenda packet are available for public inspection in in the Office of the City Clerk between 7:00 a.m. and 6:00 p.m., Monday through Thursday. Please call the City Clerk’s Office at (909) 625–9416 or send an e–mail to [email protected] to request documents via e–mail.
If you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (909) 625–9416 or e–mail [email protected]. Notification prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35.102–35.104 ADA Title II)
I, Andrea M. Myrick, City Clerk, hereby certify that I posted, or caused to be posted, a copy of this Agenda not less than 72 hours prior to this meeting on the City’s website at https://www.cityofmontclair.org/agendas/ and on the bulletin board adjacent to the north door of Montclair City Hall at 5111 Benito Street, Montclair, CA 91763 on Thursday, August 17, 2023.
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MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 3 of 116
CITY COUNCIL
AGENDA REPORT
DATE: AUGUST 21, 2023
SECTION: PUBLIC HEARINGS
ITEM NO.: A
FILE I.D.: PUB600
DEPT.: PUBLIC WORKS
PREPARER: M. HEREDIA
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 23–3404 DECLARING THE CITY’S
INTENT TO BECOME SUBJECT TO THE UNIFORM PUBLIC CONSTRUCTION COST
ACCOUNTING ACT
FIRST READING — CONSIDER ORDINANCE NO. 23–1004 AMENDING SECTION
3.08.010 OF THE MONTCLAIR MUNICIPAL CODE TO PROVIDE INFORMAL BIDDING
PROCEDURES UNDER THE UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT
CONSIDER SETTING A PUBLIC HEARING FOR SECOND READING AND TO CONSIDER ADOPTION OF ORDINANCE NO. 23–1004 ON MONDAY, SEPTEMBER 18, 2023, AT 7:00 P.M. IN THE CITY COUNCIL CHAMBERS
REASON FOR CONSIDERATION: The City Council is requested to consider adopting Resolution No. 23–3404 declaring the City’s intent to become subject to the California Uniform Public Construction Cost Accounting Act (Act) to expedite and streamline the procurement process for certain Public Works contracts.
BACKGROUND: The California Uniform Public Construction Cost Accounting Act (Act) became law in 1983 and is set forth in the California Public Contract Code, Sections 22000 through 22045. The Act allows local agencies to use alternative bidding procedures when they hire contractors to perform public works projects. In 2007, the California legislature passed Assembly Bill 1047, an “awareness campaign” to help public agencies understand the availability and benefits of the Act.
Specifically, under the Act:
Projects of $60,000 or less may be performed by the agency’s own workforce, negotiated contract, or purchase order;
Projects of $200,000 or less may use informal bidding procedures; and Public projects of more than $200,000 shall follow formal bidding procedures.
Many participating agencies appreciate the program because it has given them more leeway in the execution of public works projects under a specific dollar amount; sped up the award process; expedited project delivery; reduced the time, effort, and expense associated with bidding projects under $200,000; and simplified administration of those projects.
Currently, any public works project over $5,000 must be formally bid. The Notice Inviting Bids must be published for ten days before the bids can be opened, then another two to three weeks is required to evaluate the proposals and recommend them to City Council for approval. This alternative bidding procedure can speed up the contract award process, improve the timeliness of project completion, eliminate paperwork, and simplify administration.
MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 4 of 116 The Act calls for compiling an informal Bidders List by advertising yearly in the main trade journals (providing a broader competitive database) and having contractors sign up on the City’s vendor database for their specified trades. This requirement is met through PlanetBids, whereby contractors sign up to obtain Notices Inviting Bids. This compilation of contractors becomes the main list for all the notices of bids for public works projects greater than $60,000 and less than $200,000, as described in the Act.
The Act allows the designated official (City Manager) to immediately award those public works or maintenance contracts less than $60,000; and to award those over $60,000 and under $200,000 based on uniform evaluation criteria reducing time, expense, and potential protests. The Act also allows staff to procure maintenance services or commodities in the same manner as a public works project.
The State of California encourages government agencies to adopt the Act. To date, 272 cities, 44 counties, 65 community college districts, and 654 school districts have adopted the Act, including the County of San Bernardino and the cities of Corona, Moreno Valley, Fontana, and Redlands.
After adopting the Uniform Public Construction Cost Accounting Act by resolution, participants enjoy a streamlined awards process and reduced advertising to reporting paperwork. Participating agencies may opt out at any time.
FISCAL IMPACT: Adoption and implementation of these alternative bidding procedures should provide cost savings to the City, as well as staff time savings. It would also lower the risk of losing funds for grant–funded projects not completed by the grant’s deadline.
RECOMMENDATION: Staff recommends that the City Council take the following action:
1. Adopt Resolution No. 23–3404 declaring the City’s intent to become subject to the Uniform Public Construction Cost Accounting Act;
2. Introduce and conduct the first reading of Ordinance No. 23–1004 amending Section
3.08.010 of the Montclair Municipal Code to provide informal bidding procedures under the Uniform Public Construction Cost Accounting Act; and
3. Set a public hearing for second reading and to consider adoption of Ordinance No. 23–1004 on Monday, September 18, 2023, at 7:00 p.m. in the City Council Chambers.
MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 5 of 116 Resolution No. 23–3404 Page 1 of 2
RESOLUTION NO. 23–3404
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF MONTCLAIR DECLARING THE CITY’S
INTENT TO BECOME SUBJECT TO THE UNIFORM
PUBLIC CONSTRUCTION COST ACCOUNTING ACT
WHEREAS, pursuant to Public Contract Code §20160, et seq., general law cities in California must competitively bid all public projects in excess of $5,000 in accordance with state–mandated formal bidding procedures.
WHEREAS, in 1983, the California Legislature adopted the Uniform Public Contract Cost Accounting Act (commencing with Public Contract Code § 22000) to provide for a uniform cost accounting standard for construction work performed or contracted by local agencies and further providing an alternative method for bidding and awarding contracts for public projects.
WHEREAS, Public Contract Code § 22030 provides that any city that desires to utilize the alternative procedures for bidding and contracting for public projects must elect, by resolution, to become subject to the uniform construction cost accounting procedures set forth in the Act and must specify that it will meet the requirements prescribed in the California Uniform Construction Cost Accounting Commission’s Cost Accounting Policies and Procedures Manual, and must notify the State Controller of its election.
WHEREAS, the City desires to become subject to the uniform construction cost accounting procedures set forth in Public Contract Code §§ 22000, et seq.
WHEREAS, Public Contract Code § 22034 requires each public agency that elects to become subject to the uniform construction cost accounting procedures to enact an informal bidding ordinance that complies with the requirements set forth in Public Contract Code § 22034.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Montclair does hereby find, determine, and order as follows:
SECTION 1. The above recials are true and correct and are a substantive part of this Reolution and findings of the City Council.
SECTION 2. The City Council of the City of Montclair elects under Public Contract Code § 22030 to become subject to the uniform public construction cost accounting procedures set forth in Public Contract Code §§ 22000, et seq. and to the Commission’s policies and procedures manual and cost accounting review procedures, as they may each from time to time be amended. The City will implement the accounting and bidding procedures effective October 18, 2023.
SECTION 3. The City Clerk is directed to inform the California State Controller forthwith of the City’s election to become subject to the Uniform Public Construction Cost Accounting Act.
SECTION 4. If any part of this Resolution or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Resolution are severable.
SECTION 5. This Resolution will become effective immediately upon adoption.
SECTION 6. The City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED this XX day of XX, 20XX.
Mayor
ATTEST:
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 6 of 116 Resolution No. 23–3404 Page 2 of 2
I, Andrea M. Myrick, City Clerk of the City of Montclair, DO HEREBY CERTIFY that Resolution No. 23–3404 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, 20XX, and that it was adopted by the following vote, to–wit:
AYES: XX
NOES: XX
ABSTAIN: XX
ABSENT: XX
Andrea M. Myrick
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 7 of 116 FIRST
READING
08/21/2023
Ordinance No. 23–1004 Page 1 of 3
ORDINANCE NO. 23–1004
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MONTCLAIR AMENDING SECTION 3.08.010 OF THE MONTCLAIR
MUNICIPAL CODE RELATED TO INFORMAL BIDDING PROCEDURES
FOR CERTAIN PUBLIC WORKS CONTRACTS PURSUANT TO THE
UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT
WHEREAS, by Resolution 23–3404, adopted on August 21, 2023, the City elected to become subject to the California Uniform Public Construction Cost Accounting Act; and
WHEREAS, in order to take advantage of the informal bidding procedures set forth in the Act, Public Contract Code (“PCC”) Section 22034 requires that the City adopt an ordinance establishing informal bidding procedures for public projects; and WHEREAS, PCC 22034 sets forth the requirements of said informal bidding ordinance;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTCLAIR, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
Section I. Section 3.08.010 of Chapter 3.08 (Purchasing) of the Montclair Municipal Code is hereby amended by adding the following subsection (D):
D. Uniform construction cost accounting procedures. The City has elected to become subject to the uniform construction cost accounting procedures promulgated by the State Controller pursuant to the California Uniform Public Construction Cost Accounting Act (Public Contract Code Section 22000 et seq.). The purpose of this section is to set forth the requirements for contracting for small public projects in accordance with the California Uniform Public Construction Cost Accounting Act and state law.
Definitions. The following words, terms and phrases shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
1. ''Act'' means the California Uniform Public Construction Cost Accounting Act, Public Contract Code section 22000 et seq.
2. ''Facility'' has the meaning set forth in Public Contract Code section 22002.
3. ‘‘Maintenance work’’ has the meaning set forth in Public Contract Code section 22002.
4. ''Public Contract Code'' means the Public Contract Code of the State of California.
5. ''Public project'' has the meaning set forth in Public Contract Code Section 22002.
Adoption of plans, specifications, and working details. The City Council delegates to the Public Works Director and/or City Engineer the authority to approve and adopt the plans, specifications, and working details for all public projects and maintenance work, including public projects exceeding the amount specified in Public Contract Code section 22032(c).
Small project procurement procedures. Public projects and maintenance work in the amount set forth in Public Contract Code Section 22032(a), as amended from time to time, or less may be performed by employees of the city by force account, by negotiated contract, or by purchase order without competitive bidding. The City Manager is authorized to approve and execute contracts or purchase orders issued pursuant to this section, provided that the expenditure is within the approved budget.
Informal bidding procedures. Public projects and maintenance work in the amount set forth in Section 22032(b) of the Public Contract Code, as amended from time to time, or less may be let to contract by informal procedures as set forth in the Act, including the following procedures:
MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 8 of 116 FIRST
READING
08/21/2023
Ordinance No. 23–1004 Page 2 of 3
1. Contractors list. The City shall comply with the requirements of Public Contract Code Section 22034 regarding maintaining a list of qualified contractors identified according to categories of work.
2. Notice inviting informal bids — circulation. Where a public project or maintenance work is to be performed which is subject to the provisions of this Section, a notice inviting informal bids shall be circulated using one or both of the following alternatives:
a. Notices inviting informal bids may be mailed or emailed to all contractors for the category of work to be bid, as shown on the list developed in accordance with subsection (a) above.
b. Notices inviting informal bids may be mailed or emailed to all construction trade journals as specified by the California Uniform Construction Cost Accounting Commission in accordance with Section 22036 of the Public Contract Code. Additional contractors and/or construction trade journals may be notified at the discretion of the Public Works Director or designee.
3. Notice inviting informal bids — proprietary products and services.
Notwithstanding the foregoing requirements, if the product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors.
4. Notice inviting informal bids — mailing. All mailing of notices to contractors and Construction trade journals pursuant to this section shall be completed at least ten (10) calendar days before bids are due.
5. Notice inviting informal bids — contents. The notice inviting informal bids shall describe the project in general terms and how to obtain more detailed information about the project, and state the time and place for the submission of bids.
6. Rejection of bids; bid irregularities. The City Manager may, in his/her sole discretion, reject any or all bids presented and waive any minor irregularity or informality in such bids.
7. Award of contract. The City Manager is authorized to award and execute contracts informally bid in accordance with this section, provided that the expenditure is within the approved budget and the contract is in a form approved by the city attorney. Such contracts shall be awarded to the lowest responsible bidder.
8. Tie bids; no bids received. If two or more bids are the same and the lowest, the City Manager may accept the one he/she chooses. If no bids are received through the informal procedures set forth in this section, the project may be performed by city employees, by force account or negotiated contract without further complying with this section.
9. Bids over informal bidding limit. If all bids received are in excess of the amount set forth in Public Contract Code section 22034 (d), as amended from time to time, the City Council may, by adoption of a resolution by a four–fifths (4/5) vote, award the contract, at the amount specified in Public Contract Code section 22034(d), as amended from time to time, or less, to the lowest responsible bidder, if it determines the cost estimate of the city was reasonable.
10. Acceptance of work. Upon the completion of work pursuant to a contract awarded pursuant to this section, the City Manager may accept the work and may authorize the filing of the notice of completion, the release of funds retained upon such filing, and the release of any bonds upon the conclusion of their respective warranty periods.
11. Performance bonds. The city may require a performance bond before entering a contract awarded pursuant to this section in such amount as the public services director or his/her designee finds reasonably necessary to protect the best interests of the city. If the city requires a performance MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 9 of 116 FIRST
READING
08/21/2023
Ordinance No. 23–1004 Page 3 of 3
bond, the form and amount of the bond shall be described in the notice inviting bids.
Section II. If any section, subsection, subdivision, sentence, clause, phrase or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
Section III. The City Clerk shall certify to the passage of this Ordinance and cause the same to be posted pursuant to Government Code Section 36933.
APPROVED AND ADOPTED this XX day of XX, 20XX.
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. 23–1004 of said City, which was introduced at a regular meeting of the City Council held on the XX day of XX, 20XX, and finally passed not less than five (5) days thereafter on the XX day of XX, 20XX, by the following vote, to–wit:
AYES: XX
NOES: XX
ABSTAIN: XX
ABSENT: XX
Andrea M. Myrick,
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 10 of 116
CITY COUNCIL
AGENDA REPORT
DATE: AUGUST 21, 2023
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 1
FILE I.D.: FIN520
DEPT.: FINANCE
PREPARER: J. KULBECK
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The City Council is requested to consider receiving and filing the City of Montclair Treasurer's Report for the month ending July 31, 2023.
BACKGROUND: Included in the City Council’s agenda packet is a copy of the Treasurer's Report for the period ending July 31, 2023.
FISCAL IMPACT: Routine—report of City's cash and investments.
RECOMMENDATION: Staff recommends the City Council receive and file the Treasurer's Report for the month ending July 31, 2023.
MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 11 of 116
CITY COUNCIL
AGENDA REPORT
DATE: AUGUST 21, 2023
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 2
FILE I.D.: FIN540
DEPT.: FINANCE
PREPARER: A. VONG/V. FLORES
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTER AND PAYROLL DOCUMENTATION REASON FOR CONSIDERATION: The City Council is requested to consider approval of the Warrant Register and Payroll Documentation.
BACKGROUND: Mayor Pro Tem Johnson has examined the Warrant Register dated August 21, 2023, and the Payroll Documentation dated July 16, 2023, and recommends their approval.
FISCAL IMPACT: The Warrant Register dated August 21, 2023, totals $2,431,427.44.
The Payroll Documentation dated July 16, 2023 totals $826,282.55 gross, with $577,137.30 net being the total cash disbursement.
RECOMMENDATION: Staff recommends the City Council approve the above–referenced Warrant Register and Payroll Documentation.
MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 12 of 116
CITY COUNCIL
AGENDA REPORT
DATE: AUGUST 21, 2023
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 3
FILE I.D.: FIN510
DEPT.: SA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The City Council acting as Successor to the Redevelopment Agency Board of Directors (Successor Agency Board) is requested to consider receiving and filing the Successor to the Redevelopment Agency Treasurer's Report for the month ending July 31, 2023, pursuant to state law.
BACKGROUND: Included in the Successor Agency Board’s agenda packet is a copy of the Successor to the Redevelopment Agency Treasurer's Report for the period ending July 31, 2023.
FISCAL IMPACT: Routine—report of the Successor Agency's cash.
RECOMMENDATION: Staff recommends the Successor Agency Board receive and file the Successor to the Redevelopment Agency Treasurer's Report for the month ending July 31, 2023.
MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 13 of 116
CITY COUNCIL
AGENDA REPORT
DATE: AUGUST 21, 2023
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 4
FILE I.D.: FIN530
DEPT.: SA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTER
REASON FOR CONSIDERATION: The City Council acting as Successor to the Redevelopment Agency Board of Directors is requested to consider receiving and filing the Successor to the Redevelopment Agency Warrant Register for the month ending july 31, 2023, pursuant to state law.
BACKGROUND: Vice Chair Johnson has examined the Successor to the Redevelopment Agency Warrant Register dated 07.01.23-07.31.23 in the amounts of $5,931.65 for the Combined Operating Fund and $0.00 for the Redevelopment Obligation Retirement Funds, and finds it to be in order.
FISCAL IMPACT: Routine—report of Agency's obligations.
RECOMMENDATION: Vice Chair Johnson recommends the City Council as Successor to the Redevelopment Agency Board of Directors approve the Successor to the Redevelopment Agency Warrant Register for the period ending July 31, 2023.
MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 14 of 116
CITY COUNCIL
AGENDA REPORT
DATE: AUGUST 21, 2023
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 5
FILE I.D.: FIN525
DEPT.: MHC
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The Montclair Housing Corporation Board of Directors is requested to receive and file the Montclair Housing Corporation Treasurer's Report for the month ending July 31, 2023, pursuant to state law.
BACKGROUND: Included in the Montclair Housing Corporation Board agenda packet is a copy of the Treasurer's Report for the period ending July 31, 2023.
FISCAL IMPACT: Routine—report of the Montclair Housing Corporation's cash and investments.
RECOMMENDATION: Staff recommends the Montclair Housing Corporation Board of Directors receive and file the Treasurer's Report for the month ending July 31, 2023.
MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 15 of 116
CITY COUNCIL
AGENDA REPORT
DATE: AUGUST 21, 2023
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 6
FILE I.D.: FIN545
DEPT.: MHC
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTER
REASON FOR CONSIDERATION: The Montclair Housing Corporation Board of Directors is requested to consider receiving and filing the Warrant Register for the month ending July 31, 2023, pursuant to state law.
BACKGROUND: Vice Chair Johnson has examined the Warrant Register dated 07.01.23–
07.31.23 in the amount of $67,641.59 for the Montclair Housing Corporation and finds it to be in order.
FISCAL IMPACT: Routine—report of Montclair Housing Corporation's obligations.
RECOMMENDATION: Vice Chair Johnson recommends the Montclair Housing Corporation Board of Directors approve the Warrant Register for the period ending July 31, 2023.
MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 16 of 116
CITY COUNCIL
AGENDA REPORT
DATE: AUGUST 21, 2023
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 7
FILE I.D.: FIN525
DEPT.: MHA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The Montclair Housing Authority Commission is requested to receive and file the Montclair Housing Authority Treasurer's Report for the month ending July 31, 2023, pursuant to state law.
BACKGROUND: Included in the Montclair Housing Authority Commission’s agenda packet is a copy of the Treasurer's Report for the period ending July 31, 2023.
FISCAL IMPACT: Routine—report of Montclair Housing Authority's obligations.
RECOMMENDATION: Staff recommends the Montclair Housing Authority Commission receive and file the Treasurer's Report for the month ending July 31, 2023.
MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 17 of 116
CITY COUNCIL
AGENDA REPORT
DATE: AUGUST 21, 2023
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 8
FILE I.D.: FIN545
DEPT.: MHA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTER
REASON FOR CONSIDERATION: The Montclair Housing Authority Commission is requested to consider receiving and filing the Warrant Register for the month ending July 31, 2023, pursuant to state law.
BACKGROUND: Vice Chair Johnson has examined the Warrant Register dated 07.01.23–
07.31.23 in the amount of $0.00 for the Montclair Housing Authority and finds it to be in order.
FISCAL IMPACT: Routine—report of Montclair Housing Authority's obligations.
RECOMMENDATION: Vice Chair Johnson recommends the Montclair Housing Authority Commission approve the Warrant Register for the period ending July 31, 2023.
MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 18 of 116
CITY COUNCIL
AGENDA REPORT
DATE: AUGUST 21, 2023
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 9
FILE I.D.: VEH450
DEPT.: HUMAN SVCS.
PREPARER: A. COLUNGA
SUBJECT: CONSIDER AUTHORIZING A $33,812.14 ALLOCATION FROM THE GENERAL FUND FOR THE PURCHASE OF A 2023 NISSAN ROGUE FROM METRO NISSAN MONTCLAIR
FOR USE BY THE HUMAN SERVICES DEPARTMENT
REASON FOR CONSIDERATION: The City Council is requested to consider authorizing a $33,812.14 allocation from the General Fund for the purchase of a 2023 Nissan Rouge for use by the Human Services Department.
BACKGROUND: In accordance with City policy, staff obtained three quotes from different dealerships as noted below.
The lowest quote obtained for a 2023 Nissan Rouge was from Metro Nissan of Montclair, which is the recommended vendor for this purchase. Total expenditure for the 2023 Nissan Rouge is $33,812.14 as detailed below:
Bid Quotations for 2023 Nissan Rogue
Vendor Quote
Empire Nissan Ontario $36,390.00
Fontana Nissan $35,145.04
Metro Nissan Montclair $33,812.14
FISCAL IMPACT: If authorized by the City Council, funding for the purchase of one 2023 Nissan Rouge would result in an expenditure of $33,812.14 payable from the General Fund.
RECOMMENDATION: Staff recommends the City Council authorize a $33,812.14 allocation from the General Fund for the purchase of a 2023 Nissan Rouge from Metro Nissan Montclair for use by the Human Services Department.
MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 19 of 116
CITY COUNCIL
AGENDA REPORT
DATE: AUGUST 21, 2023
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 10
FILE I.D.: SIG180
DEPT.: ECONOMIC DEV.
PREPARER: M. FUENTES
SUBJECT: CONSIDER APPROVAL OF A POLICY FOR USE OF CITY–OWNED AND CONTROLLED
ELECTRONIC MESSAGE BOARDS
REASON FOR CONSIDERATION: The City of Montclair currently lacks policies and procedures for use of the City of Montclair’s electronic message boards, both internally and by outside agencies and groups. Staff is recommending that the City Council approve a formal policy for use of the City of Montclair’s electronic message boards.
A copy of proposed City of Montclair Electronic Message Board — Policies and Procedures is attached for City Council review and consideration.
BACKGROUND: The City of Montclair is committed to providing its residents, businesses, and visitors with accurate and appropriate information by including digital signage campaigns designed to promote and enhance the communication strategies of the City of Montclair in disseminating information about events, meetings, and public messages by means of electronic message boards.
The development of formal policies and procedures is intended to enable a process that can be applied in a fair, objective, and consistent manner, and determine which outside agencies and groups can use City–owned and controlled electronic message boards.
It should be noted that over the past year, staff has been contacted by various groups requesting use of the City of Montclair’s electronic message boards to promote private events, registrations for sports leagues, businesses openings, and concerts.
City of Montclair Electronic Message Board — Policies and Procedures The intent of this proposed policy is to create clear parameters and procedures for use of the City of Montclair’s electronic message boards, and to address staff’s concerns related to requests from the public for use of these electronic message boards for private, political, and/or personal gain.
Staff is proposing that the City of Montclair’s electronic message boards be reserved for use by the following:
(1) The City of Montclair;
(2) Other governmental agencies that have a local impact or significance, such as the State of California, the County of San Bernardino, South Coast Air Quality Management District, San Bernardino County Transportation Authority, and CALTRANS;
(3) Public agency partners of the City of Montclair, such as Monte Vista Water District and Ontario–Montclair School District;
MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 20 of 116 (4) Non–profit organizations located or operated in the City of Montclair that are partners/sponsors of City of Montclair programs and events, such as the Inland Valley Humane Society and the Chamber of Commerce;
(5) City of Montclair recognition for special achievements to promote community pride, such as congratulating local sports teams for championships wins and honoring local residents.
In addition, staff is proposing the priority of messages to be displayed on City of Montclair electronic message boards as follows:
1. Emergency messages — in the event of an emergency, the City of Montclair shall prioritize emergency messaging on all electronic message boards;
2. Messages from the City of Montclair;
3. Messages from other government agencies that have a local impact or significance;
4. Messages promoting community events or programs hosted and/or sponsored by public agency partners or non–profit organizations located or operated within the City of Montclair, as long as the City of Montclair is a co–sponsor of the community event or program; and
5. Messages from the City of Montclair recognizing special achievements to promote community pride.
The proposed policy would further establish criteria for Appearance, Use, and Functionality of Municipal Digital Signage, and Prohibited Content.
FISCAL IMPACT: Approval of proposed City of Montclair Electronic Message Board – Policies and Procedures would have no fiscal impact to the City of Montclair.
RECOMMENDATION: Staff recommends the City Council approve a policy for use of City–owned and controlled electronic message boards.
MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 21 of 116
CITY OF MONTCLAIR
ELECTRONIC MESSAGE BOARD POLICY
POLICY STATEMENT
The City of Montclair is committed to providing its residents, businesses, and visitors with accurate and appropriate information by including digital signage campaigns designed to promote and enhance the communication strategies of the City of Montclair in disseminating information about events, meetings, programs, and public service announcements.
PURPOSE
This policy facilitates effective communication for important community messaging; This policy ensures open, honest, and clear channels of communication in the use of electronic message boards owned and/or controlled by the City of Montclair; This policy address issues related to appropriate use of City of Montclair staff time and resources;
This policy provides direction for the appropriate use of electronic message boards in the City of Montclair; and
This policy defines what entities are eligible to utilize the City of Montclair’s electronic message boards.
SCOPE
This policy applies to all digital communication utilizing the City of Montclair’s two (2) electronic message boards located at 5111 Benito Street, Montclair, CA 91763, and 9399 Autoplex Street, Montclair, CA 91763.
GENERAL CONDITIONS
Montclair’s electronic message boards convey information to the public as a representation of the City of Montclair and shall be used for governance, community events, direct messaging to the community, and recognition of individuals/holidays/special achieve-ments/events.
The intent of this policy is to create clear policies and procedures for use of the City of Montclair’s electronic message board and to address staff’s concerns related to requests from the public for use of these electronic message boards for personal, political, or private gain.
As such, the usage of the City of Montclair’s electronic message boards shall be reserved for use by the following:
(1) The City of Montclair;
MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 22 of 116 CITY OF MONTCLAIR — ELECTRONIC MESSAGE BOARD POLICY
(2) Other Governmental Agencies that have a local impact or significance, such as the State of California, South Coast Air Quality Management District, San Bernardino County Transportation Authority, and CALTRANS;
(3) Public Agency Partners of the City of Montclair, such as Monte Vista Water District and Ontario-Montclair School District,
(4) Affiliated Non-Profit Organizations located or operated in the City of Montclair that are partners/sponsors of City of Montclair programs and events, such as the Inland Valley Humane Society and the Chamber of Commerce.
By allowing only governmental agencies, public agency partners, and affiliated non-profit organizations as defined above to use the City’s electronic message boards, the City of Montclair aims to maintain relevance and authenticity in the information displayed to the community. In addition, the electronic message boards shall be operated in a manner that positively represents the City of Montclair.
Appearance, Use, and Functionality of City of Montclair Electronic Message Boards • Each message will be reviewed by the Director of Economic Development Agency or designee for conformance with eligibility and content guidelines. • Messages may be edited for clarity and conformity to the requirements of the medium. • Appearance of messages is subject to constraints of priorities, as well as electronic and mechanical limitations.
• The City has the right to ensure that messages presented on the digital signage will be consistent with the City's branding and messaging to reinforce the City's identity.
Prohibited Content
• Commercial messages including solicitation of funds and promoting the sale of products.
• Unauthorized use of copyrighted information, images, or trademarks. • Any message that is illegal, sexually explicit, offensive, obscene, or violates any of the City of Montclair’s anti-discrimination/harassment policies. • Advertising or promoting businesses, fundraisers, or events that do not serve a cultural, social, or educational purpose or promote the general health and welfare of the community.
• Political messages such as those related to supporting or opposing political candidates, ballot measures, or political platforms, with the exception of official election notices and other relevant information.
• Personal messages.
MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 23 of 116 CITY OF MONTCLAIR — ELECTRONIC MESSAGE BOARD POLICY
Priority of Messages
1. Emergency messages — in the event of an emergency, the City of Montclair shall prioritize emergency messaging on all electronic message boards;
2. Messages from the City of Montclair;
3. Messages from other government agencies that have a local impact or significance;
4. Community events and messages hosted and/or sponsored by non-profit organizations located or operated within the City of Montclair and which the City of Montclair is a cosponsor of the community event or is affiliated with the non-profit organization; and
5. Messages from the City of Montclair for recognition for special achievements to promote community pride, such as congratulating local sports teams for championships wins and honoring local residents.
SUBMITTING A REQUEST
Requests to utilize the City’s electronic message boards will only be considered from governmental agencies with a local impact or significance, public partner agencies, and nonprofit organizations associated with the City of Montclair. They must be submitted to the Director of Economic Development Agency or designee via electronic mail.
All requests must be submitted at least one (1) week prior to the requested posting date.
Messages will be posted for a maximum of two (2) weeks, depending on availability and message expiration date, unless otherwise approved by the Director of Economic Development Agency or designee.
POLICY REVIEW
This policy will be reviewed every five (5) years unless otherwise deemed necessary by the City Council.
MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 24 of 116
CITY COUNCIL
AGENDA REPORT
DATE: AUGUST 21, 2023
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 1
FILE I.D.: HSV070/ATH215/ATH218
DEPT.: HUMAN SVCS.
PREPARER: F. SALTOS
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NOS. 23–61, 23–62, AND 23–63 WITH
MONTCLAIR LITTLE LEAGUE AND GOLDEN GIRLS SOFTBALL LEAGUE FOR USE OF
BALL FIELD FACILITIES
REASON FOR CONSIDERATION: Montclair Little League and Golden Girls Softball League (the Leagues) have requested the use of City facilities for their winter sports activities.
Copies of Agreement Nos. 23–61, 23–62, and 23–63 are attached for City Council review and consideration.
BACKGROUND: Pursuant to Agreement Nos. 23–61 and 23–62, Montclair Little League is requesting the use of the two southern and two northern fields at Saratoga Park and the southern field at Kingsley Park on weekdays and Saturdays for baseball activities.
Pursuant to Agreement No. 23–63, Golden Girls Softball League would use the two fields at Vernon Park for softball activities on weekdays and Saturdays. Sunday field use by all leagues is not permitted.
The Leagues have each requested the use of lights for activities that may be conducted after dark. The cost of electrical services associated with such lighting and alarm fees will be covered by the City. In addition, the City of Montclair will have Public Works custodians clean the restrooms. The Leagues are responsible to provide a deposit of $300 as a cleaning fee if needed during the contract period.
FISCAL IMPACT: Approval of the proposed Agreements would result in a cost to the City of approximately $8,600 total in lighting and alarm fees and $6,200 in restroom cleaning fees through the Public Works Department, for a total of $14,800 from September 1, 2023, through December 30, 2023. Maintenance costs for the fields are incorporated in the Fiscal Year 2023–24 Budget. The terms of proposed Agreement Nos. 23–61, 23–62, and 23–63 with Montclair Little League and Golden Girls Softball League are from September 1, 2023 through December 30, 2023.
RECOMMENDATION: Staff recommends that the City Council approve Agreement Nos. 23–61, 23–62, and 23–63 with Montclair Little League and Golden Girls Softball League for use of ball field facilities.
MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 25 of 116 1 of 7
AGREEMENT NO. 23–61
WITH MONTCLAIR LITTLE LEAGUE
FOR USE OF SARATOGA PARK
THIS AGREEMENT is made and entered into by and between the City of Montclair, hereinafter called "CITY," and Montclair Little League, hereinafter called "LEAGUE." This Agreement is contingent upon the LEAGUE fulfilling its prior contract's financial obligations and paying any and all outstanding invoices owed to the CITY. Use of any and all facilities listed herein may not be used until all fees have been paid.
WITNESSETH:
WHEREAS, CITY presently has baseball fields in Saratoga Park (two northern and two southern fields) generally located at the southwest corner of Vernon Avenue and Kingsley Street, Montclair, California, and
WHEREAS, said Park has been developed to provide areas for youth sports, on which premises LEAGUE desires to use for Little League baseball (including the Challenger Division for children with disabilities) conditioning at such times and hours set forth in Section 1(aa). The term of this Agreement is for September 1, 2023 through December 30, 2023.
SECTION 1: LEAGUE hereby agrees as follows:
a. Provide CITY a list of all your participants and coaches. All must sign CITY approved waiver and submit to CITY liaison prior to participating. b. Not to use the premises for any other purpose, except as above indicated. c. Not to sublet the field.
d. Not to make any improvements or alterations on said premises. e. Not to charge for parking of vehicles in the parking lots located within CITY facilities and not to park in the fields or walkways.
f. Not to erect any barriers or fences of any kind unless approved by CITY. g. Not to use herbicides at the park for any purpose.
h. Not to disconnect or make changes to existing phone line account.
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i. Not to allow hitting balls into the chain link fences for batting practice. j. To provide the CITY with a written list of all items to be stored in park buildings. No items should be stored in rest room facilities, except rest room supplies. Any items found to be stored in buildings without prior written authorization from the CITY will be removed by city crews with or without prior notice to LEAGUE. Any cost incurred by the CITY by removing, storing, or disposal of said property shall be the responsibility of LEAGUE. k. To provide a special parking area for participants in the Challenger Division, at the times of their games, by cordoning off the southeast portion of the parking lot; to provide the equipment and personnel needed to set up the special parking area; to see that all equipment is removed and properly stored after each use; to provide personnel to monitor the cordoned off area during its use.
l. CITY to maintain restroom facilities and CITY to furnish all supplies for each well- maintained restroom. LEAGUE to police the entire premises after each day's use and pick up all paper, trash, and other debris that may have accumulated, and leave the premises in a condition deemed acceptable to CITY. This work shall be completed within two hours after an activity has ended. If the premises are not maintained as stated a contracted cleaning agency will be hired by the CITY and the LEAGUE will be responsible for all fees related to the service.
m. To maintain all equipment and appliances within the snack bar and snack bar building at all times. To clean all sinks, grills, screens, exhaust hoods, mop all floors and clean countertops and utensils after each day’s use and leave the snack bar in a condition deemed acceptable to CITY. The snack bar area should not be used for storage of any materials not pertaining to food items used for snack bar operations.
n. To ensure when a barbecue is used (a permit is required to be obtained by Department of Public Health), it is set up a minimum of ten feet away from any structure and LEAGUE must provide one fire extinguisher for each barbecue being used. All safety and health regulations set forth by the County of San Bernardino Department of Public Health must be followed.
LEAGUE must also ensure that a drip pan be used and ensure barbecue has completely cooled down before returning to storage in any CITY structure. o. To deposit, with the CITY representative, the sum of Three Hundred Dollars ($300) as a refundable cleaning deposit to ensure the proper care and cleanup of the snack bar, restrooms, meeting areas, towers, and equipment therein. At the end of the playing season, an inspection shall be conducted by CITY and LEAGUE representatives to ensure that all areas and CITY– owned equipment have been properly cared for, maintained and cleaned. All non–CITY–owned equipment, with exception of refrigerators, freezers, and ice machines shall be removed from snack bar areas. Refrigerators, freezers, and ice machines owned by LEAGUE shall be cleaned out, doors left open, and electrical turned off. Any food items left in the refrigerators and/or MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 27 of 116 AGREEMENT NO. 23–61
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freezers will be discarded by the CITY. Ice machines owned by CITY shall be cleaned out, serviced, and maintained by CITY.
p. To conform to all safety and health regulations set forth by the County of San Bernardino Department of Public Health and register your snack bar as Pre-packaged. Maintain all CITY–installed facilities and equipment in their original condition. Failure to comply with these requirements will result in a breach of this Agreement and the loss of the use of the premises. q. To follow proper call–out procedures in an emergency (an urgent need for assistance or some type of immediate action) by using only telephone numbers issued for this purpose. A Contact List containing the emergency telephone numbers is attached.
r. LEAGUE agrees to assist CITY in keeping order in the park area and to provide responsible supervision as may be necessary to prevent vandal-ism or malicious mischief to the property including for graffiti removal on buildings within 24 hours of notification, contact Graffiti Abatement Hotline at (909) 625–9429 and report vandalism immediately to the Public Works Department at (909) 625–9480. LEAGUE will not attempt to remove Graffiti or make repairs to building. LEAGUE shall furnish and supply personnel to conduct and supervise LEAGUE activities on the premises. s. If LEAGUE elects to use lights for activities conducted after dark, the CITY will provide electrical services associated with lights at no charge to the LEAGUE.
t. To deposit, with the CITY representative, the sum of Five Hundred Dollars ($500) as a security deposit, to ensure the proper and prompt payment of any incurred damages to facilities associated with the LEAGUE. In the event all potential damages are paid by the end of this Agreement term, the deposit will be refunded.
u. To provide the CITY representative with a list of the Board of Directors, including names, addresses, and telephone numbers.
v. To provide CITY with participant rosters, practice and game schedules. Also, sixty percent of league participants must live in Montclair and provide verification such as registration forms.
w. To provide CITY with financial statements upon request for audit purposes. x. To designate one individual as the LEAGUE's representative to work with the CITY's representative.
y. This Agreement is subject to the terms and conditions of any master lease CITY may have with another public agency, of which LEAGUE had knowledge.
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aa. It is agreed that LEAGUE may use said baseball fields from September 1, 2023 through December 30, 2023, Mondays through Fridays generally commencing at 4:00 p.m. and Saturdays, generally commencing at 8:00 a.m. No games or activities will be conducted past 9:45 p.m.
bb. PUBLIC LIABILITY AND PROPERTY DAMAGE: Throughout the term of this Agreement, at LEAGUE's sole cost and expense, LEAGUE shall keep, or cause to be kept, in full force and effect, for the mutual benefit of CITY and LEAGUE, comprehensive, broad form, general public liability insurance against claims and liabilities for personal injury, death, or property providing proof of at least One Million Dollars ($1,000,000) for bodily injury or death to any one person or for any one accident or occurrence, and at least Three Hundred Thousand Dollars ($300,000) for property damage. All insurance required by this Agreement shall be carried only by responsible insurance companies duly admitted to transact business in the State of California and shall name as additional insured the CITY, its elected officials, officers, employees, and agents. All policies shall contain language, to the extent obtainable, to the effect that (1) the insurer and the insured waive the right of subrogation against CITY and CITY's elected officials, officers, employees, and agents; (2) the policies are primary and non contributing with any insurance that may be carried by CITY; and (3) they cannot be canceled or materially changed except after thirty (30) days' notice, in writing, by the insurer to CITY by certified mail. LEAGUE shall furnish CITY with copies of such policies promptly upon receipt of them or certificate(s) evidencing the insurance.
cc. INDEMNIFICATION: LEAGUE shall defend, indemnify and save harmless CITY, its elected and appointed officials, officers, agents, and employees from all liability from loss, damage, or injury to persons or property including the payment by LEAGUE of any and all legal costs and attorneys' fees in any manner arising out of any negligent or intentional or willful acts or omissions of the LEAGUE in the activities, use, or occupancy of the PREMISES including, but not limited to, all consequential damages to the maximum extent permitted by law.
dd. It is understood and agreed that there is no relationship of employer– employee for Workers' Compensation purposes between CITY and any person connected with the LEAGUE, unless such person is otherwise regularly employed by and conducting official business of CITY. ee. To conduct all operations in compliance with the Americans with Disabilities Act.
ff. LEAGUE shall provide CITY with at least two (2) weeks' notice for room reservations for use of CITY facilities for LEAGUE meetings. gg. LEAGUE may place banners up on weekdays and Saturdays, but they must be removed by the close of Saturday each week. Banners are not allowed to stay up on Sundays. Banners must be no greater than 3 feet by 5 feet.
Banners will be attached to outfield chain link fence using clip on rings.
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Banner clearance from turf is a minimum of 2 inches. The City will determine if a banner is past its useful life due to sun fade, rips, graffiti, etc., and will notify LEAGUE of said issue. LEAGUE will have 24 hours to remove said banner. The CITY has the right to remove and dispose of any banner that is not displayed following the above mentioned procedures. hh. LEAGUE may place shade cloth as necessary to dug outs on weekdays and Saturdays, but they must be removed by the close of Saturday each week.
Shade cloth is not allowed to stay up on Sundays. Shade cloth must be no greater than what may be required to provide adequate coverage over dug outs. Shade cloth will be attached to dug out structure using clip on rings.
The City will determine if a shade cloth is past its useful life due to sun fade, rips, graffiti, etc. and will notify LEAGUE of said issue. LEAGUE will have 24 hours to remove said shade cloth. The CITY has the right to remove and dispose of any shade cloth that is not displayed following the above mentioned procedures. If LEAGUE does not remove or replace shade cloth as requested by CITY within 24 hours, CITY may prohibit use of fields and snack bar facilities to LEAGUE until request has been met. ii. Locks are issued by the City to secure areas of the park and have access to those areas such as snack bar shutters for maintenance. If locks are needed to replace a lost or damaged lock contact the City immediately. The League at no time shall use personal locks to secure any area. If a personal lock is found the League will be notified and will have 24 hours to remove it. If not removed the City will remove it by any means necessary and the City will not be held responsible for the League’s lock.
SECTION 2: CITY hereby agrees as follows:
a. To maintain the periphery of the premises, including shrubs and trees, and mow all grass on a year–round basis.
b. To pay for all water used on premises.
c. To have full control over watering the entire premises. LEAGUE shall not adjust or readjust or otherwise change the sprinkler system or water control facilities.
d. To provide emergency call–out telephone numbers for use by LEAGUE. A Contact List containing the emergency telephone numbers is attached. e. To provide to LEAGUE, inventory list of equipment in snack bar and meeting areas; to provide inspection of those areas and equipment at the end of the agreement period.
f. Upon approval of the Director of Human Services, LEAGUE's cleaning deposit shall rollover any unused monies into the next Agreement. g. To designate a CITY representative to work with LEAGUE on all non-maintenance issues relating to the use of CITY facilities. h. To provide alarm service at no charge to LEAGUE.
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NOW, THEREFORE, if any terms of this Agreement are not complied with, the Agreement will become null and void and the LEAGUE will be refused use of CITY facilities. The CITY may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the LEAGUE at least ten (10) days prior written notice.
APPROVED AND ADOPTED this day of , 2023.
LEAGUE: CITY:
MONTCLAIR LITTLE LEAGUE CITY OF MONTCLAIR
Javier John Dutrey
President Mayor
Secretary
ATTEST:
Andrea M. Myrick
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 31 of 116 AGREEMENT NO. 23–61
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CITY OF MONTCLAIR
CONTACT LIST FOR SPORTS LEAGUES
SEPTEMBER 2023
Reason for
Contact Authority Contact TelephoneNumber
After–Hours/
Emergency
Montclair Police
Department Dispatch (909) 621–47719–1–1 (Emergency)
Sports League
Administration
City’s Sports League
Liaison
Fernando
Saltos (909) 625–9496
Building
Maintenance
Pub. Works
Facilities/Maint. Asst.
Manager
Mathew
Paradis
(909) 625–9443
Cell: (909) 721–1860
Grounds
Maintenance
Public Works
Operations Asst.
Manager
Alex
Cardona
(909) 625–9467
Cell: (909) 762–1372
Sports League
Administration
Recreation
Coordinator- Facility
Ramon
Ramirez (909) 625-9481
Vandalism Public Works
Department (909) 625–9480
Graffiti
Removal
Graffiti Abatement
Hotline (909) 625–9429
MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 32 of 116 1 of 7
AGREEMENT NO. 23–62
WITH MONTCLAIR LITTLE LEAGUE
FOR USE OF KINGSLEY PARK
THIS AGREEMENT is made and entered into by and between the City of Montclair, hereinafter called "CITY," and Montclair Little League, hereinafter called "LEAGUE." This Agreement is contingent upon the LEAGUE fulfilling its prior contract's financial obligations and paying any and all outstanding invoices owed to the CITY. Use of any and all facilities listed herein may not be used until all fees have been paid.
WITNESSETH:
WHEREAS, CITY presently has a baseball field generally located at the northwest end of Kingsley Elementary School at Benson Avenue and Kingsley Street, Montclair, California, and
WHEREAS, said Park has been developed to provide areas for youth sports, on which premises LEAGUE desires to use for Junior/Senior Little League baseball conditioning at such times and hours set forth in Section 1(y). The term of this Agreement is for September 1, 2023 through December 30, 2023.
SECTION 1: LEAGUE hereby agrees as follows:
a. Provide CITY a list of all your participants and coaches. All must sign CITY approved waiver and submit to CITY liaison prior to participating. b. Not to use the premises for any other purpose, except as above indicated. c. Not to sublet the field.
d. Not to make any improvements or alterations on said premises. e. Not to charge for parking of vehicles in the parking lots located within CITY facilities and not to park in the fields or walkways.
f. Not to erect any barriers or fences of any kind unless approved by CITY. g. Not to use herbicides at the park for any purpose.
h. Not to disconnect or make changes to existing phone line account.
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i. Not to allow hitting balls into the chain link fences for batting practice. j. To provide the CITY with a written list of all items to be stored in park buildings. No items should be stored in rest room facilities, except rest room supplies. Any items found to be stored in buildings without prior written authorization from the CITY will be removed by city crews with or without prior notice to LEAGUE. Any cost incurred by the CITY by removing, storing, or disposal of said property shall be the responsibility of LEAGUE. k. CITY to maintain restroom facilities and CITY to furnish all supplies for each well- maintained restroom. LEAGUE to police the entire premises after each day's use and pick up all paper, trash, and other debris that may have accumulated, and leave the premises in a condition deemed acceptable to CITY. This work shall be completed within two hours after an activity has ended. If the premises are not maintained as stated a contracted cleaning agency will be hired by the CITY and the LEAGUE will be responsible for all fees related to the service.
l. To maintain all equipment and appliances within the snack bar and snack bar building at all times. To clean all sinks, grills, screens, exhaust hoods, mop all floors and clean countertops and utensils after each day’s use and leave the snack bar in a condition deemed acceptable to CITY. The snack bar area should not be used for storage of any materials not pertaining to food items used for snack bar operations.
m. To ensure when a barbecue is used (a permit is required to be obtained by Department of Public Health), it is set up a minimum of ten feet away from any structure and LEAGUE must provide one fire extinguisher for each barbecue being used. All safety and health regulations set forth by the County of San Bernardino Department of Public Health must be followed.
LEAGUE must also ensure that a drip pan be used and ensure barbecue has completely cooled down before returning to storage in any CITY structure. n. To deposit, with the CITY representative, the sum of Three Hundred Dollars ($300) as a refundable cleaning deposit to ensure the proper care and cleanup of the snack bar, restrooms, meeting areas, towers, and equipment therein. At the end of the playing season, an inspection shall be conducted by CITY and LEAGUE representatives to ensure that all areas and CITY– owned equipment have been properly cared for, maintained and cleaned. All non–CITY–owned equipment, with exception of refrigerators, freezers, and ice machines shall be removed from snack bar areas. Refrigerators, freezers, and ice machines owned by LEAGUE shall be cleaned out, doors left open, and electrical turned off. Any food items left in the refrigerators and/or freezers will be discarded by the CITY. Ice machines owned by CITY shall be cleaned out, serviced, and maintained by CITY.
o. To conform to all safety and health regulations set forth by the County of San Bernardino Department of Public Health and register your snack bar as Pre-packaged. Maintain all CITY–installed facilities and equipment in their MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 34 of 116 AGREEMENT NO. 23–62
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original condition. Failure to comply with these requirements will result in a breach of this Agreement and the loss of the use of the premises. p. To follow proper call–out procedures in an emergency (an urgent need for assistance or some type of immediate action) by using only telephone numbers issued for this purpose. A Contact List containing the emergency telephone numbers is attached.
q. LEAGUE agrees to assist CITY in keeping order in the park area and to provide responsible supervision as may be necessary to prevent vandalism or malicious mischief to the property including for graffiti removal on buildings within 24 hours of notification, contact Graffiti Abatement Hotline at (909) 625–9429 and report vandalism immediately to the Public Works Department at (909) 625–9480. LEAGUE will not attempt to remove Graffiti or make repairs to building. LEAGUE shall furnish and supply personnel to conduct and supervise LEAGUE activities on the premises. r. If LEAGUE elects to use lights for activities conducted after dark, the CITY will provide electrical services associated with lights at no charge to the LEAGUE.
s. To deposit, with the CITY representative, the sum of Five Hundred Dollars ($500) as a security deposit, to ensure the proper and prompt payment of any incurred damages to facilities associated with the LEAGUE. In the event all potential damages are paid by the end of this Agreement term, the deposit will be refunded.
t. To provide the CITY representative with a list of the Board of Directors including names, addresses, and telephone numbers.
u. To provide CITY with participant rosters, and conditioning schedules. Also, sixty percent of league participants must live in Montclair and provide verification such as registration forms.
v. To provide CITY with financial statements upon request for audit purposes. w. To designate one individual as the LEAGUE's representative to work with the CITY's representative.
x. This Agreement is subject to the terms and conditions of any master lease CITY may have with another public agency of which LEAGUE had knowledge. y. It is agreed that LEAGUE may use said baseball fields from September 1, 2023 through December 30, 2023, Mondays through Fridays generally commencing at 4:00 p.m. and Saturdays generally commencing at 8:00 a.m.. No games or activities will be conducted past 9:45 p.m. z. PUBLIC LIABILITY AND PROPERTY DAMAGE: Throughout the term of this Agreement, at LEAGUE's sole cost and expense, LEAGUE shall keep, or cause MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 35 of 116 AGREEMENT NO. 23–62
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to be kept in full force and effect for the mutual benefit of CITY and LEAGUE comprehensive, broad form, general public liability insurance against claims and liabilities for personal injury, death, or property providing proof of at least One Million Dollars ($1,000,000) for bodily injury or death to any one person or for any one accident or occurrence and at least Three Hundred Thousand Dollars ($300,000) for property damage. All insurance required by this Agreement shall be carried only by responsible insurance companies duly admitted to transact business in the State of California and shall name as additional insured the CITY, its elected officials, officers, employees, and agents. All policies shall contain language, to the extent obtainable, to the effect that (1) the insurer and the insured waive the right of subrogation against CITY and CITY's elected officials, officers, employees, and agents; (2) the policies are primary and noncontributing with any insurance that may be carried by CITY; and (3) they cannot be canceled or materially changed except after thirty (30) days' notice in writing by the insurer to CITY by certified mail. LEAGUE shall furnish CITY with copies of such policies promptly upon receipt of them, or certificate(s) evidencing the insurance. aa. INDEMNIFICATION: LEAGUE shall defend, indemnify, and save harmless CITY, its elected and appointed officials, officers, agents, and employees from all liability from loss, damage, or injury to persons or property including the payment by LEAGUE of any and all legal costs and attorneys' fees in any manner arising out of any negligent or intentional or willful acts or omissions of the LEAGUE in the activities, use, or occupancy of the PREMISES including, but not limited to, all consequential damages to the maximum extent permitted by law.
bb. It is understood and agreed that there is no relationship of employer– employee for Workers' Compensation purposes between CITY and any person connected with the LEAGUE, unless such person is otherwise regularly employed by and conducting official business of CITY. cc. To conduct all operations in compliance with the Americans with Disabilities Act.
dd. LEAGUE shall provide CITY with at least two (2) weeks' notice for room reservations for use of CITY facilities for LEAGUE meetings. ee. LEAGUE may place banners up on weekdays and Saturdays, but they must be removed by the close of Saturday each week. Banners are not allowed to stay up on Sundays. Banners must be no greater than 3’X 5’. Banners will be attached to outfield chain link fence using clip on rings. Banner clearance from turf is a minimum of 2”. The City will determine if a banner is past its useful life due to sun fade, rips, graffiti, etc. and will notify LEAGUE of said issue. LEAGUE will have 24 hours to remove said banner. The CITY has the right to remove and dispose of any banner that is not displayed following the above mentioned procedures.
ff. LEAGUE may place shade cloth as necessary to dug outs on weekdays and Saturdays, but they must be removed by the close of Saturday each week.
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Shade cloth is not allowed to stay up on Sundays. Shade cloth must be no greater than what may be required to provide adequate coverage over dug outs. Shade cloth will be attached to dug out structure using clip on rings.
The City will determine if a shade cloth is past its useful life due to sun fade, rips, graffiti, etc. and will notify LEAGUE of said issue. LEAGUE will have 24 hours to remove said shade cloth. The CITY has the right to remove and dispose of any shade cloth that is not displayed following the above mentioned procedures. If LEAGUE does not remove or replace shade cloth as requested by CITY within 24 hours, CITY may prohibit use of fields and snack bar facilities to LEAGUE until request has been met. gg. Locks are issued by the City to secure areas of the park and have access to those areas such as snack bar shutters for maintenance. If locks are needed to replace a lost or damaged lock contact the City immediately. The League at no time shall use personal locks to secure any area. If a personal lock is found the League will be notified and will have 24 hours to remove it. If not removed the City will remove it by any means necessary and the City will not be held responsible for the League’s lock.
SECTION 2: CITY hereby agrees as follows:
a. To maintain the periphery of the premises, including shrubs and trees, and mow all grass on a year–round basis.
b. To pay for all water used on premises.
c. To have full control over watering the entire premises. LEAGUE shall not adjust or readjust or otherwise change the sprinkler system or water control facilities.
d. To provide emergency call–out telephone numbers for use by LEAGUE. A Contact List containing the emergency telephone numbers is attached. e. To provide to LEAGUE, inventory list of equipment in snack bar and meeting areas; to provide inspection of those areas and equipment at the end of the agreement period.
f. Upon approval of the Director of Human Services, LEAGUE's cleaning deposit shall rollover any unused monies into the next Agreement. g. To designate a CITY representative to work with LEAGUE on all nonmaintenance issues relating to the use of CITY facilities. h. To provide alarm service at no charge to LEAGUE.
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NOW, THEREFORE, if any terms of this Agreement are not complied with, the Agreement will become null and void and the LEAGUE will be refused use of CITY facilities. The CITY may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the LEAGUE at least ten (10) days prior written notice.
APPROVED AND ADOPTED this day of , 2023.
LEAGUE: CITY:
MONTCLAIR LITTLE LEAGUE CITY OF MONTCLAIR
Javier John Dutrey
President Mayor
Secretary
ATTEST:
Andrea M. Myrick
City
MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 38 of 116 AGREEMENT NO. 23–62
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CITY OF MONTCLAIR
CONTACT LIST FOR SPORTS LEAGUES
SEPTEMBER 2023
Reason for
Contact Authority Contact TelephoneNumber
After–Hours/
Emergency
Montclair Police
Department Dispatch (909) 621–47719–1–1 (Emergency)
Sports League
Administration
City’s Sports League
Liaison
Fernando
Saltos (909) 625–9496
Building
Maintenance
Pub. Works
Facilities/Maint. Asst.
Manager
Mathew
Paradis
(909) 625–9443
Cell: (909) 721–1860
Grounds
Maintenance
Public Works
Operations Asst.
Manager
Alex
Cardona
(909) 625–9467
Cell: (909) 762–1372
Sports League
Administration
Recreation
Coordinator- Facility
Ramon
Ramirez (909) 625-9481
Vandalism Public Works
Department (909) 625–9480
Graffiti
Removal
Graffiti Abatement
Hotline (909) 625–9429
MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 39 of 116 1 of 7
AGREEMENT NO. 23–63
WITH MONTCLAIR GOLDEN GIRLS SOFTBALL LEAGUE
FOR USE OF VERNON PARK
THIS AGREEMENT is made and entered into by and between the City of Montclair, hereinafter called "CITY," and Montclair Little League, hereinafter called "LEAGUE." This Agreement is contingent upon the LEAGUE fulfilling its prior contract's financial obligations and paying any and all outstanding invoices owed to the CITY. Use of any and all facilities listed herein may not be used until all fees have been paid.
WITNESSETH:
WHEREAS, CITY presently has softball fields (the east and west fields) generally located at the southeast corner of the Vernon Junior High School complex, south of the corner of Benson Avenue and San Bernardino Street, Montclair, California; and WHEREAS, said Park has been developed to provide areas for youth sports, on which premises LEAGUE desires to use for girls softball conditioning at such times and hours set forth in Section 1(y). The term of this Agreement is for September 1, 2023 through December 30, 2023.
SECTION 1: LEAGUE hereby agrees as follows:
a. Provide CITY a list of all your participants and coaches. All must sign CITY approved waiver and submit to CITY liaison prior to participating. b. Not to use the premises for any other purpose, except as above indicated. c. Not to permit practice sessions in the southeast quadrant of the field; to provide specific written notice to each coach and, in turn, obtain written confirmation from each coach.
d. Not to sublet the field.
e. Not to make any improvements or alterations on said premises. f. Not to charge for parking of vehicles in the parking lots located within CITY facilities and not to park in the fields or walkways.
g. Not to erect any barriers or fences of any kind unless approved by CITY.
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h. Not to use herbicides at the park for any purpose.
i. Not to disconnect or make changes to existing phone line account j. To provide the CITY with a written list of all items to be stored in park buildings. No items should be stored in rest room facilities, except rest room supplies. Any items found to be stored in buildings without prior written authorization from the CITY will be removed by city crews with or without prior notice to LEAGUE. Any cost incurred by the CITY by removing, storing, or disposal of said property shall be the responsibility of LEAGUE. k. CITY to maintain restroom facilities and CITY to furnish all supplies for each well- maintained restroom. LEAGUE to police the entire premises after each day's use and pick up all paper, trash, and other debris that may have accumulated, and leave the premises in a condition deemed acceptable to CITY. This work shall be completed within two hours after an activity has ended. If the premises are not maintained as stated a contracted cleaning agency will be hired by the CITY and the LEAGUE will be responsible for all fees related to the service.
l. To maintain all equipment and appliances within the snack bar and snack bar building at all times. To clean all sinks, grills, screens, exhaust hoods, mop all floors and clean countertops and utensils after each day’s use and leave the snack bar in a condition deemed acceptable to CITY. The snack bar area should not be used for storage of any materials not pertaining to food items used for snack bar operations.
m. To ensure when a barbecue is used (a permit is required to be obtained by Department of Public Health), it is set up a minimum of ten feet away from any structure and LEAGUE must provide one fire extinguisher for each barbecue being used. All safety and health regulations set forth by the County of San Bernardino Department of Public Health must be followed.
LEAGUE must also ensure that a drip pan be used and ensure barbecue has completely cooled down before returning to storage in any CITY structure. n. To deposit, with the CITY representative, the sum of Three Hundred Dollars ($300) as a refundable cleaning deposit to ensure the proper care and cleanup of the snack bar, restrooms, and equipment therein. At the end of the playing season, an inspection shall be conducted by CITY and LEAGUE representatives to ensure that all areas and CITY–owned equipment have been properly cared for, maintained and cleaned. All non–CITY–owned equipment, with exception of refrigerators, freezers, and ice machines shall be removed from snack bar areas. Refrigerators, freezers, and ice machines owned by LEAGUE shall be cleaned out, doors left open, and electrical turned off. Any food items left in the refrigerators and/or freezers will be discarded by the CITY. Ice machines owned by CITY shall be cleaned out, serviced, and maintained by CITY.
o. To conform to all safety and health regulations set forth by the County of San Bernardino Department of Public Health and register your snackbar as MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 41 of 116 AGREEMENT NO. 23–63
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Pre-packaged. Maintain all CITY–installed facilities and equipment in their original condition. Failure to comply with these requirements will result in a breach of this Agreement and the loss of the use of the premises. p. To be responsible for all costs as a result of lost or stolen keys. q. LEAGUE agrees to assist CITY in keeping order in the park area and to provide responsible supervision as may be necessary to prevent vandalism or malicious mischief to the property including for graffiti removal on buildings within 24 hours of notification, contact Graffiti Abatement Hotline at (909) 625–9429 and report vandalism immediately to the Public Works Department at (909) 625–9480. LEAGUE will not attempt to remove Graffiti or make repairs to building. LEAGUE shall furnish and supply personnel to conduct and supervise LEAGUE activities on the premises. r. If LEAGUE elects to use lights for activities conducted after dark, the CITY will provide electrical services associated with lights at no charge to the LEAGUE.
s. To deposit, with the CITY representative, the sum of Five Hundred Dollars ($500) as a security deposit, to ensure the proper and prompt payment of any incurred damages to facilities associated with the LEAGUE. In the event all potential damages are paid by the end of this Agreement term, the deposit will be refunded.
t. To provide the CITY representative with a list of the Board of Directors including names, addresses, and telephone numbers.
u. To provide CITY with participant rosters, and conditioning schedules. Also, sixty percent of league participants must live in Montclair and provide verification such as registration forms.
v. To provide CITY with financial statements upon request for audit purposes. w. To designate one individual as the LEAGUE's representative to work with the CITY's representative.
x. This Agreement is subject to the terms and conditions of any master lease CITY may have with another public agency of which LEAGUE had knowledge. y. It is agreed that LEAGUE may use said baseball fields from September 1, 2023, through December 30, 2023, Mondays through Fridays generally commencing at 4:00 p.m. and Saturdays generally commencing at 8:00 a.m.. No games or activities will be conducted past 9:45 p.m. z. PUBLIC LIABILITY AND PROPERTY DAMAGE: Throughout the term of this Agreement, at LEAGUE's sole cost and expense, LEAGUE shall keep, or cause to be kept in full force and effect for the mutual benefit of CITY and LEAGUE comprehensive, broad form, general public liability insurance against claims MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 42 of 116 AGREEMENT NO. 23–63
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and liabilities for personal injury, death, or property providing proof of at least One Million Dollars ($1,000,000) for bodily injury or death to any one person or for any one accident or occurrence and at least Three Hundred Thousand Dollars ($300,000) for property damage. All insurance required by this Agreement shall be carried only by responsible insurance companies duly admitted to transact business in the State of California and shall name as additional insured the CITY, its elected officials, officers, employees, and agents. All policies shall contain language, to the extent obtainable, to the effect that (1) the insurer and the insured waive the right of subrogation against CITY and CITY's elected officials, officers, employees, and agents; (2) the policies are primary and noncontributing with any insurance that may be carried by CITY; and (3) they cannot be canceled or materially changed except after thirty (30) days' notice in writing by the insurer to CITY by certified mail. LEAGUE shall furnish CITY with copies of such policies promptly upon receipt of them, or certificate(s) evidencing the insurance. aa. INDEMNIFICATION: LEAGUE shall defend, indemnify and save harmless CITY, its elected and appointed officials, officers, agents, and employees from all liability from loss, damage, or injury to persons or property including the payment by LEAGUE of any and all legal costs and attorneys' fees in any manner arising out of any negligent or intentional or willful acts or omissions of the LEAGUE in the activities, use, or occupancy of the PREMISES including, but not limited to, all consequential damages, to the maximum extent permitted by law.
bb. It is understood and agreed that there is no relationship of employer– employee for Workers' Compensation purposes between CITY and any person connected with the LEAGUE, unless such person is otherwise regularly employed by and conducting official business of CITY. cc. To conduct all operations in compliance with the Americans with Disabilities Act.
dd. The use of City facilities for room reservations by the LEAGUE are not available at this time. In the event they become available the City will notify LEAGUE. City recommends Zoom meetings.
ee. LEAGUE may place banners up on weekdays and Saturdays, but they must be removed by the close of Saturday each week. Banners are not allowed to stay up on Sundays. Banners must be no greater than 3’X 5’. Banners will be attached to outfield chain link fence using clip on rings. Banner clearance from turf is a minimum of 2”. The City will determine if a banner is past its useful life due to sun fade, rips, graffiti, etc. and will notify LEAGUE of said issue. LEAGUE will have 24 hours to remove said banner. The CITY has the right to remove and dispose of any banner that is not displayed following the above mentioned procedures.
ff. LEAGUE may place shade cloth as necessary to dug outs on weekdays and Saturdays, but they must be removed by the close of Saturday each week.
Shade cloth is not allowed to stay up on Sundays. Shade cloth must be no MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 43 of 116 AGREEMENT NO. 23–63
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greater than what may be required to provide adequate coverage over dug outs. Shade cloth will be attached to dug out structure using clip on rings.
The City will determine if a shade cloth is past its useful life due to sun fade, rips, graffiti, etc. and will notify LEAGUE of said issue. LEAGUE will have 24 hours to remove said shade cloth. The CITY has the right to remove and dispose of any shade cloth that is not displayed following the above mentioned procedures. If LEAGUE does not remove or replace shade cloth as requested by CITY within 24 hours, CITY may prohibit use of fields and snack bar facilities to LEAGUE until request has been met. gg. Locks are issued by the City to secure areas of the park and have access to those areas such as snack bar shutters for maintenance. If locks are needed to replace a lost or damaged lock contact the City immediately. The League at no time shall use personal locks to secure any area. If a personal lock is found the League will be notified and will have 24 hours to remove it. If not removed the City will remove it by any means necessary and the City will not be held responsible for the League’s lock.
SECTION 2: CITY hereby agrees as follows:
a. To maintain the periphery of the premises, including shrubs and trees, and mow all grass on a year–round basis.
b. To pay for all water used on premises.
c. To have full control over watering the entire premises. LEAGUE shall not adjust or readjust or otherwise change the sprinkler system or water control facilities.
d. To provide emergency call–out telephone numbers for use by LEAGUE.
A Contact List containing the emergency telephone numbers is attached.
e. Upon approval of the Director of Human Services, LEAGUE's cleaning deposit shall rollover any unused monies into the next Agreement. f. To designate a CITY representative to work with LEAGUE on all non– maintenance issues relating to the use of CITY facilities.
MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 44 of 116 AGREEMENT NO. 23–63
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NOW, THEREFORE, if any terms of this Agreement are not complied with, the Agreement will become null and void and the LEAGUE will be refused use of CITY facilities. The CITY may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the LEAGUE at least ten (10) days prior written notice.
APPROVED AND ADOPTED this day of , 2023.
LEAGUE: CITY:
GOLDEN GIRLS SOFTBALL CITY OF MONTCLAIR
Javier John Dutrey
President Mayor
Secretary
ATTEST:
Andrea M. Myrick
City
MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 45 of 116 AGREEMENT NO. 23–63
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CITY OF MONTCLAIR
CONTACT LIST FOR SPORTS LEAGUES
SEPTEMBER 2023
Reason for
Contact Authority Contact TelephoneNumber
After–Hours/
Emergency
Montclair Police
Department Dispatch (909) 621–47719–1–1 (Emergency)
Sports League
Administration
City’s Sports League
Liaison
Fernando
Saltos (909) 625–9496
Building
Maintenance
Pub. Works
Facilities/Maint. Asst.
Manager
Mathew
Paradis
(909) 625–9443
Cell: (909) 721–1860
Grounds
Maintenance
Public Works
Operations Asst.
Manager
Alex
Cardona
(909) 625–9467
Cell: (909) 762–1372
Sports League
Administration
Recreation
Coordinator-Facility
Ramon
Ramirez (909) 625-9481
Vandalism Public Works
Department (909) 625–9480
Graffiti
Removal
Graffiti Abatement
Hotline (909) 625–9429
MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 46 of 116
CITY COUNCIL
AGENDA REPORT
DATE: AUGUST 21, 2023
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 2
FILE I.D.: EDD100
DEPT.: ECONOMIC DEV.
PREPARER: M. FUENTES
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 23–67 WITH EPIC LAND SOLUTIONS TO PROVIDE RIGHT–OF–WAY CONSULTING SERVICES ON AN AS–NEED BASIS, SUBJECT
TO ANY REVISIONS DEEMED NECESSARY BY THE CITY ATTORNEY
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 23–67 with Epic Land Solutions to provide right–of–way consulting services on an as–need basis.
A copy of proposed Agreement No. 23–67 is attached for the City Council’s review and consideration.
BACKGROUND: In the course of implementing infrastructure projects and other initiatives, staff engages in real property transactions, which require a vast amount of professional right–of–way services including, but not limited to, acquisition and relocation assistance, acquisition negotiations, appraisals, appraisal reviews, Phase I and Phase 2 environmental assessments, escrow and title services, property asset management, permits, and other real estate services.
The Federal Uniform Acquisition, Relocation Assistance Advisory Services Act of 1970 (as amended), CFR 49, Part 24 and the State of California, Caltrans, Right of Way Manual defines the procedures required for performing real property acquisition activities.
The City of Montclair, as a local agency, is responsible for performing real property activities in accordance with the Federal and State policy guidelines and procedures.
Right–of–Way Services Request for Quotes
To facilitate the need for right–of–way services, City staff submitted Requests for Quotes (RFQs) to several firms that specialize in right–of–way consulting services. The City received quotes from the following firms: Epic Land Solutions, Paragon Partners, and Monument.
The firms contacted provide a wide array of right–of–way consulting services with some services provided in–house and others provided by sub–consultants. All three firms provided schedules of fees for various positions at an hourly rate. A direct comparison of the services provided is slightly nuanced, given the position classification of each firm and each position’s respective duties.
Staff contacted various agencies that have utilized the services of Epic Land Solutions, Paragon Partners, and Monument and received significant positive feedback regarding all three firms and the services that they provide relating to right–of–way consulting services.
After careful evaluation and consideration of each proposal submitted, City staff is recommending utilizing the services of Epic Land Solutions.
MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 47 of 116 Epic Land Solutions' qualifications, customer service, scope of right–of–way consulting services provided, schedule of fees, work with neighboring agencies, and familiarity with the City of Montclair set them apart from the other firms.
Epic Land Solutions has provided prior right–of–way consulting services for the City of Montclair as a sub–consultant for Alta Planning and Design as part of the Multimodal Connectivity Plan for the San Antonio Creek Channel Project. City staff did not work directly with Epic Land Solutions, as Epic Land Solutions provided title research for Alta Planning and Design and communicated solely with Alta Planning and Design staff.
Scope of Work
Proposed Agreement No. 23–67 includes a full scopes of services to be provided by Epic Land Solutions; however, the types of services to be provided by Epic Land Solutions will vary based on the type of right–of–way consulting services need by the City of Montclair for each specific project requiring right–of–way consulting services.
The services that will be covered by proposed Agreement No. 23–67 include the following right–of–way consulting services:
Right–of–Way Planning: Cost estimation, Right of way impact assessment, Alignment planning, and GIS and CAD integrations.
Appraisal: fair market valuation and inventory studies, real property appraisal and appraisal review, and expert witness testimony.
Acquisition Negotiation: survey review and title clearance, right of entry permits, easement and fee acquisitions, escrow coordination, eminent domain support, and Caltrans certification.
Relocation: replacement search, move coordination, relocation appeal support, and relocation plan.
Utility Relocation Coordination: utility research and as–built matrix, utility relocation coordination, and positive utility identification. Property Asset Management: asset inventory, excess land sales, and maintenance and security.
Epic Land Solutions
Epic Land Solutions, is a full–service right–of–way and real estate consulting services firm founded in California in 2000 with the mission to create land solutions for the public good. Epic Land Solutions has worked with over fifty different municipalities across the Southern California region.
Epic Land Solutions employs 60 professionals in California and the Pacific Northwest to appraise, acquire, and relocate property rights on behalf of local public agencies.
Epic Land Solutions’ agents are daily custodians of the Uniform Relocation Assistance and Real Property Acquisition Policies Act (Uniform Act) and Caltrans Right of Way Manual guidelines to help local agencies deliver state– and federally–funded projects. Epic Land MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 48 of 116 Solutions is a Caltrans Right of Way Certification specialist and offers deep experience providing turnkey right–of–way services in San Bernardino County.
FISCAL IMPACT: Proposed Agreement No. 23–67 would authorize staff to retain the services of Epic Land Solutions on an as–need basis as it relates to right–of–way consulting services. The costs of services related to proposed Agreement No. 23–76 would be paid from the Contingency Fund.
RECOMMENDATION: Staff recommends that the City Council approve Agreement No. 23–67 with Epic Land Solutions to provide right–of–way consulting services on an as–need basis, subject to any revisions deemed necessary by the City Attorney.
MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 49 of 116 Agreement No. 23-67
CITY OF MONTCLAIR
AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT is made and effective as of August 21, 2023, between the City of Montclair, a California Municipal Corporation ("City") and Epic Land Solutions ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM
This Agreement shall commence on August 21, 2023 and shall remain and continue in effect until modified by the parties or terminated pursuant to the provisions of this Agreement.
2. SERVICES
The parties intend Consultant to assist the City with on-call right-of-way services.
Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.
3. PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of his/her ability, experience and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.
4. CITY MANAGEMENT
City’s City Manager shall represent City in all matters pertaining to the administration of this Agreement, and the review and approval of all products submitted by Consultant. City’s City Manager shall be authorized to act on City’s behalf and to execute all necessary documents which enlarge the Scope of Services to be Performed or change Consultant’s compensation as provided in Section 5(b) below.
5. PAYMENT
(a) The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment Schedule of Fees set forth in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the tasks detailed in Exhibit A. (b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 50 of 116 Agreement No. 23-67
herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. (c) Consultant will submit invoices monthly for actual services performed. Said invoices shall detail all costs, rates and hours for individual tasks. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of the Consultant’s fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. (d) Consultant agrees that, in no event shall City be required to pay to Consultant any sum in excess of ninety-five percent (95%) of the maximum payable hereunder prior to receipt by City of all final documents, together with all supplemental technical documents, as described herein acceptable in form and content to City. Final payments shall be made no later than sixty (60) days after presentation of final documents and acceptance thereof by City.
6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise.
If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement. Consultant also may terminate this Agreement by serving upon the City at least thirty (10) days prior written notice.
(b) In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant on a pro-rata basis the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 5(c).
7. DEFAULT OF CONSULTANT
(a) The Consultant’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant’s control, and without fault or negligence of the Consultant, it shall not be considered a default.
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(b) If the City Manager or his/her delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
8. OWNERSHIP OF DOCUMENTS
(a) Consultant shall maintain complete and accurate records with respect to billed time, sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. (b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, claims, applications, computer files, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant’s office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.
Notwithstanding the above, computer software (including without limitation financial models, compilations of formulas and spreadsheet models), prepared by Consultant are Instruments of Service of Consultant and shall remain the property of Consultant.
Consultant shall likewise retain all common law, statutory and other reserved rights, including the copyright thereto.
9. INDEMNIFICATION
(a) Defense, Indemnity and Hold Harmless. Consultant shall defend, indemnify, and hold harmless the City, its present and former officers, directors, employees, agents, staff, volunteers, mayor, council, boards, committees, and representatives, as broadly interpreted (collectively, the “Indemnified Parties”), of and from all claims, suits, demands, obligations, losses, damages, sums, or any other matters threatened or presently asserted, including but not limited to all legal fees, costs of defense and litigation expenses (including legal fees, expert fees and any other costs or MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 52 of 116 Agreement No. 23-67
fees, including those of adverse parties imposed on or sought against the Indemnified Parties), arising directly or indirectly out of any liability or claim of loss or liability for personal injury, bodily injury to persons, contractual liability, errors or omissions, breach, failure to perform, damage to or loss of property, or any other loss, damage, injury or other claim of any kind or nature arising out of the work to be performed by Consultant herein, caused by or arising out of the negligent acts or omissions, or intentional misconduct of Consultant, including its subcontractors, subconsultants, employees, agents, and other persons or entities performing work for Consultant. (b) Contractual Indemnity. To the fullest extent permitted under California law, Consultant shall contractually indemnify, defend and hold harmless the Indemnified Parties from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, amounts for good faith settlement, or costs of any kind, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees and costs), arising out of or related to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to Consultant’s officers, agents, representative, employees, independent contractors, subcontractors, subconsultants, or affiliated or related entities and/or its or their employees, agents and representatives, caused by or arising out of all negligent acts or omissions, or intentional misconduct of Consultant, including its subcontractors, subconsultants, employees, agents and other persons or entities performing work for Consultant. Indemnification shall include any claim that Consultant, or Consultant’s employees or agents, are or may be considered and treated as employees of the City or are entitled to any employee benefits from City including but not limited to those available under Public Employees Retirement Law. The obligation to indemnify, defend and hold harmless the Indemnified Parties shall apply to all liability as defined above regardless of whether the Indemnified Parties were or are alleged to have been negligent, except that it shall not apply to claims arising from the sole negligence or willful intentional misconduct of the Indemnified Parties. Consultant’s obligation to defend the Indemnified Parties is not contingent upon there being an acknowledgement of or determination of the merit of any claims, liability, demands, causes of action, suits, losses, expenses, errors, omissions and/or costs.
(c) Subcontractors/Subconsultants and Indemnification. Consultant agrees to and shall obtain executed indemnity agreements in favor of the Indemnified Parties with provisions identical to those set forth from each and every Subcontractor, Sub consultant, or other person or entity involved by, for, with, or on behalf of Consultant in the performance of any aspect of this Agreement. In the event Consultant fails to obtain such indemnity obligations, Consultant shall be fully responsible for each and every Subcontractor, Subconsultant or other person or entity in terms of defense, indemnity and hold harmless obligations in favor of the Indemnified Parties as set forth above. This obligation to indemnify and defend the Indemnified Parties is binding on the successors, assigns, or heirs of Consultant and shall survive the full performance or termination of this Agreement. These indemnification provisions are independent of and shall not in any way be limited or superseded by the insurance requirements and insurance-related provisions of this Agreement.
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(d) City Lost or Damaged Property – Theft. Consultant further agrees to pay or cause to be paid to the Indemnified Parties’ benefit, any and all damages, fines, penalties, and loss or theft of property of the City arising out of or related in any way to the negligent acts or omissions or intentional misconduct of Consultant or of Consultant’s officers, agents, representatives, employees, independent contractors, subcontractors or affiliated or related entities and/or its or their employees, agents and representatives, whether such actions, omissions to act, negligence or intentional conduct is or was authorized by this Agreement or not. City assumes no responsibility whatsoever for any property placed on the premises of City. Consultant further agrees to waive all rights of subrogation against the Indemnified Parties.
(e) Non-Waiver and Non-Exhaustion of City’s Further Rights and Remedies. No aspect of this provision shall in any way limit or effect the rights of the Indemnified Parties against the Consultant under the terms of this Agreement or otherwise. The indemnification provisions shall apply regardless of whether this Agreement is executed after Consultant begins the work and shall extend to claims arising after this Agreement is performed or terminated, including a dispute as to the termination of Consultant. The indemnity obligations of Consultant shall continue until it is determined by final judgment that the claim against the City and any Indemnified Parties is determined by final judgment and after exhaustion of any rights of appeal. Further, no aspect of this provision shall impact the City’s rights to contribution from Consultant, or for the City to dispute Consultant’s refusal to defend and indemnify City. (f) Limitations on Scope of Indemnity. Notwithstanding the foregoing, Consultant shall not be responsible for indemnification for claims or losses caused by the sole negligence or intentional wrongdoing of Indemnified Parties. Further, the indemnity provided shall be interpreted as broadly as permitted under California law and as to agreements between parties and shall if required be reformed to be consistent with those laws to protect and save this provision for the protection of the Indemnified Parties. (g) The obligations of Consultant under this or any other provision of this Agreement shall not be limited by the provisions of any workers’ compensation act or similar act. The Consultant expressly waives any statutory immunity under such statutes or laws as to the Indemnified Parties. The Consultant’s indemnity obligation set forth in this Section 9 shall not be limited by the limits of any policies of insurance required or provided by the Consultant pursuant to this Agreement.
(h) The Consultant’s covenant under this Section 9 shall survive the expiration or termination of this Agreement.
10. INSURANCE
The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
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(a) Types of Required Coverages
Without limiting the indemnity provisions of the Contract, the Consultant shall procure and maintain in full force and effect during the term of the Contract, the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so. (1) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 00 01, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $2,000,000 per occurrence, and $4,000,000 aggregate total bodily injury, personal injury, and property damage.
(2) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1), including owned, non-owned and hired autos, or the exact equivalent, with minimum limits of $1,000,000 for bodily injury and property damage, each accident. If Contractor owns no vehicles, auto liability coverage may be provided by means of a non-owned and hired auto endorsement to the general liability policy. Automobile liability insurance and endorsements shall be kept in force at all times during the performance of this Agreement. (3) Workers’ Compensation: Workers’ Compensation Insurance, as required by the State of California and Employer’s Liability Insurance with a limit of not less than $1,000,000 each accident for bodily injury and $1,000,000 each employee for bodily injury by disease. (4) Professional Liability: Professional Liability insurance with limit of not less than $2,000,000 each claim. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusion that may potentially affect the work to be performed.
(b) Endorsements
Insurance policies shall not be in compliance if they include any limiting provision or endorsement. The insurance policies shall contain, or be endorsed to contain, the following provisions:
(1) Commercial General Liability
Additional Insured: The City, its elected officials, officers, employees, volunteers, boards, agents and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or operations. Coverage for the additional insureds shall apply to the fullest extent permitted by law.
Additional Insured Endorsements shall not:
1. Be limited to “Ongoing Operations”
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2. Exclude “Contractual Liability
3. Restrict coverage to the “Sole” liability of contractor
4. Exclude “Third-Party-Over Actions”
5. Contain any other exclusion contrary to the Agreement Additional Insured Endorsements shall be at least as broad as ISO Forms CG 20 10 11 85; or CG 20 and 10 and CG 2037.
Primary Insurance: This insurance shall be primary and any other insurance, whether primary, excess, umbrella or contingent insurance, including deductible, or self-insurance available to the insureds added by endorsement, shall be in excess of, and shall not contribute with, this insurance. Coverage shall be at least as broad as ISO CG 20 01 04 13. (2) Auto Liability
Additional Insured: The City, its elected officials, officers, employees, volunteers, boards, agents, and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the work or operations performed by or on behalf of the Contractor.
Primary Insurance: This insurance shall be primary and any other insurance whether primary, excess, umbrella or contingent insurance, including deductible, or self-insurance available to the insureds added by endorsement shall be in excess of and shall not contribute with this insurance.
(3) Workers’ Compensation
Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties. (c) Notice of Cancellation.
Required insurance policies shall not be cancelled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (d) Waiver of Subrogation
Required insurance coverages shall not prohibit Consultant from waiving the right of subrogation prior to a loss. Consultant shall waive all rights of subrogation against the indemnified parties and policies shall contain or be endorsed to contain such a provision. This provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer.
(e) Evidence of Insurance
All policies, endorsements, certificates, and/or binders shall be subject to approval by the City as to form and content. These requirements are subject to amendment or waiver only if so approved in writing by the City. The City reserves the MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 56 of 116 Agreement No. 23-67
right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
(f) Deductible or Self-Insured Retention
Any deductible or self-insured retention must be approved in writing by the City and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the Consultant or the City.
(g) Contractual Liability/Insurance Obligations
The coverage provided shall apply to the obligations assumed by the Consultant under the indemnity provisions of this Agreement. The insurance obligations under this Agreement shall be: (1) all the insurance coverage and/or limits carried by or available to the Consultant; or (2) the minimum insurance coverage requirements and/or limits shown in this Agreement; whichever is greater. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits, which are applicable to a given loss, shall be available to the City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of the Consultant under this Agreement.
(h) Failure to Maintain Coverage
Consultant agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City. The City shall have the right to withhold any payment due Consultant until Consultant has fully complied with the insurance provisions of this Contract. In addition, the City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may take out the necessary insurance and pay, at Consultant’s expense, the premium thereon.
In the event that the Consultant’s operations are suspended for failure to maintain required insurance coverage, the Consultant shall not be entitled to an extension of time for completion of the Work because of production lost during suspension. (i) Acceptability of Insurers
Each such policy shall be from a company or companies with a current A.M.
Best’s rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 57 of 116 Agreement No. 23-67
provisions of the California Insurance Code or any federal law. Any other rating must be approved in writing in accordance with the City.
(j) Claims Made Policies
If coverage is written on a claims-made basis, the retroactive date on such insurance and all subsequent insurance shall coincide or precede the effective date of the initial Consultant’s Agreement with the City and continuous coverage shall be maintained or an extended reporting period shall be exercised for a period of at least five (5) years from termination or expiration of this Agreement. (k) Insurance for Subcontractors
Consultant shall be responsible for causing Subcontractors/Subconsultants to purchase the same types and limits of insurance in compliance with the terms of this Agreement, including adding the City as an Additional Insured, providing Primary and Non-Contributory coverage and Waiver of Subrogation to the Subcontractors’/ Subconsultant’s policies. The Commercial General Liability Additional Insured Endorsement shall be on a form at least as board as CG 20 38 04 13.
11. INDEPENDENT CONTRACTOR
(a) Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control and shall not be construed to be employees of City for any purpose, including eligibility under Public Employees Retirement Law. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents, except as set forth in this Agreement.
Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City.
Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Consultant shall be solely responsible and hold the City harmless for all matters relating to the payment of Consultant’s employees, including compliance with Social Security withholdings and all other regulations governing such matters.
(b) No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall 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 MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 58 of 116 Agreement No. 23-67
not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section.
13. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City of Montclair in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City of Montclair will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.
Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.
14. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the project performed under this Agreement.
15. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, responses to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena.
(b) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, requests for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding.
Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Consultant. However, City’s right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
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(c) Consultant shall comply with all applicable federal, state and local Conflict of Interest laws, including the Political Reform Act (California Government Code, Section 81000, et. seq.) and California Government Code, Section 1090, et. seq. Consultant covenants that neither he/she nor any officer or principal of their firm have any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder. Consultant further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent or subconsultant. Consultant further covenants that Consultant has not contracted with nor is performing any services, directly or indirectly, with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area and further covenants and agrees that Consultant and/or its subconsultants shall provide no service or enter into any agreement or agreements with a/any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area prior to the completion of the work under this Agreement. Further, Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to the City as a result of the performance of this Agreement, or the services that may be procured by the City as a result of the recommendations made by the Consultant. The Consultant’s covenant under this Section shall survive the termination of this Agreement.
16. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:
To City: Mikey Fuentes, Dir. of Economic Development
City of Montclair
5111 Benito Street
Montclair, CA 91763
To Consultant: Darcy Mendoza
Epic Land Solutions
3850 Vine Street, Suite 200
Riverside, CA 92507
17. ASSIGNMENT AND SUBCONTRACTING
The Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, nor any monies due hereunder, without prior written consent of the City. The City’s consent to an assignment of rights under this Agreement shall not release the Consultant from any of its obligations or alter any of its obligations to be performed under this Agreement. Any attempt at assignment or delegation by the Consultant in violation of this Section 17 shall be void and of no legal MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 60 of 116 Agreement No. 23-67
effect and shall constitute grounds to terminate this Agreement for cause. The Consultant shall not subcontract any performance required under this Agreement without the City’s prior written consent.
18. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement, including a City of Montclair business license.
19. GOVERNING LAW
The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Montclair.
20. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material.
21. PRIORITY OF AGREEMENT
To the extent any provision of Consultant’s Proposal attached hereto as Exhibit A conflicts with the terms and provisions of this Agreement, the terms and provisions of this Agreement shall control and shall take precedence over those contained in Consultant’s Proposal.
22. CONFIDENTIALITY
Information and materials obtained by the Consultant from City during the performance of this Agreement shall be treated as strictly confidential and shall not be used by the Consultant for any purpose other than the performance of this Agreement.
Consultant’s covenant under this Section shall survive the expiration or termination of this Agreement.
23. DISCRIMINATION
The Consultant agrees that no person shall be excluded from employment in the performance of this Agreement on grounds of race, creed, color, sex, age, marital status, or place of national origin. In this connection, the Consultant agrees to comply with all County, State and Federal laws relating to equal employment opportunity rights.
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24. EFFECT OF PARTIAL INVALIDITY
If any term or provision of this Agreement shall be held invalid or unenforceable, the remainder of this Agreement and any application of the terms shall remain valid and enforceable under this Agreement or California law.
25. CLAIMS AGAINST CITY
Consultant must comply with the claim procedures set forth in Government Code sections 900, et. seq., and/or Montclair Municipal Code, Chapter 1.16, as applicable, prior to filing any lawsuit against the City. Such claims and any subsequent lawsuit based upon the claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.
26. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
27. NO THIRD PARTY BENEFICIARIES
This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.
28. COST OF LITIGATION
If any legal action is necessary to enforce any provision of this Agreement or for damages by reason of an alleged breach of any provisions of this Agreement (whether in contract, tort or both), the prevailing Party shall be entitled to receive from the losing Party all attorneys’ fees, costs and expenses in such amount as the courts may determine to be reasonable. In awarding the cost of litigation, the court shall not be bound by any court fee schedule, but shall, if it is in the interest of justice to do so, award the full amount of costs, expenses and attorneys’ fees paid or incurred in good faith.
29. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument.
[Signatures on Following Page]
MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 62 of 116 Agreement No. 23-67
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY CONSULTANT
By: By:
Javier John Dutrey, Mayor Darcy Mendoza, Assistant
Regional Manager
Attest:
By:
Andrea M. Myrick, City Clerk
Approved as to Form:
By:
Diane E. Robbins, City Attorney
MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 63 of 116 Statement of Qualifications
General Real Estate Consulting Services
prepared exclusively for the City of Montclair
Epic Land Solutions, Inc.
Submitted July 28, 2023
Exhibit A
MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 64 of 116 Epic Land Solutions, Inc.
Riverside Regional Office
3850 Vine Street, Suite 200
Riverside, CA 92507
(951) 321-1800
epicland.com
July 28, 2023
City of Montclair
Mikey D. Fuentes, Director of Economic Development
(909) 625-9497 | [email protected]
Cover Letter
Dear Mikey,
It was a pleasure meeting with you earlier this month to gain a fresh understanding of the City of Montclair’s project goals and capital improvement plans. We were impressed with your understanding of the grant development process and appreciate how hard you and your colleagues are working to obtain grant funding.
Epic Land Solutions, Inc. (EPIC) is focused and motivated to continue to support the City’s San Antonio Creek Trail project by appraising, acquiring, and certifying the temporary construction easements and rights of way in a timely manner to prepare the project for Ready To List for construction. We have also spent time over the past two years researching and preparing for the right of way phase of the Central Avenue Rehabilitation Over Union Pacific Railroad project, and stand ready to support the appraisals, acquisition negotiations, utility moves, and Caltrans Right of Way Certification for the project.
This Statement of Qualifications highlights our staff’s depth of experience with local public agency CIP projects and how our Subject Matter Expert teams—in Appraisal, GIS, Utilities, and Property Management—differentiate EPIC from the competition. With EPIC, you get One Team that can wholistically support the City of Montclair staff with end-to-end real estate consulting and right of way clearance services. Specialty projects, like surplus land sales, utility franchise agreements and facility moves, removing encroachments from City land and securing property from vandalism and trespassers, or inventorying the City’s assets in an Esri ArcGIS database, are all easy assignments for the EPIC team to deliver. After all, we’ve delivered real estate and right of way consulting services for local agencies in San Bernardino County and greater Inland Empire for over 23 years! We, the undersigned, will continue to be your main points of contact. We plan to operate as an extension of your team to provide turnkey services and, if you desire, can provide comprehensive project management of the entire right of way phase for your critical CIP projects. We’re looking forward to partnering with your staff on infrastructure projects that ultimately enhance quality of life for residents, businesses, and visitors to the City of Montclair.
Let’s get to work!
Kari Anvick, SR/WA, R/W-RAC
California Senior Regional Manager
(951) 329-9666 | [email protected]
Darcy Mendoza, SR/WA, R/W-NAC
Assistant Regional Manager
(951) 321-4748 | [email protected]
MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 65 of 116 Epic Land Solutions, Inc.
Statement of Qualifications - General Real Estate Consulting Services for the City of Montclair Creating Land Solutions for the Public Good 3
EPIC’s History with the City of Montclair
EPIC has recent and relevant experience
supporting the City of Montclair with real estate,
right-of-way, and utility coordination consulting
services:
In 2021 and 2022, EPIC was the subconsultant
to Alta Planning & Design to complete the
Multimodal Connectivity Plan for the San
Antonio Creek Channel Project (a portion of
the proposed path pictured below).
The City retained planning consultant services to
determine the feasibility of the multimodal trail
while taking into consideration the trail alignment,
crossings, access points, and financial feasibility
cost estimates. Real estate consultants, GIS
analysts, and utility coordination professionals at
EPIC supported Alta Planning & Design to
complete this comprehensive study by analyzing
how right-of-way requirements associated with
proposed designs could impact project funding
and scope. EPIC identified categories of
property ownership and provided assumptions
about the nature of the existing ownerships
and what rights the City would need to acquire
in order to construct the trail. The property
ownership data provided the City with the names
of creek-adjacent landowners EPIC engaged with
through our outreach process.
Alta then prepared a land use map for a deeper
understanding of the zoning implications for trail
alignment alternatives. The EPIC GIS analyst team
Serving San Bernardino County Since 2003
provided parcel-level land use data and provided
support to locate the limits of the creek and
other encumbrances (easements, licenses, etc.)
available from publicly available sources as they
related to the alternatives. The EPIC Utility
Services team identified major dry and wet
utilities along the corridor to better understand
potential impacts to utility facilities associated
with the proposed trail alignments. EPIC
completed a feasibility study-level impact
analysis to evaluate acquisition and/or easement
agreement options for each preliminary design
alternative. EPIC’s final task was cost estimation
for land acquisition and/or easement purchases
for each alternative.
Since 2019, EPIC has been in discussions with
structural engineers and City engineering staff
regarding the environmental approval, final
design, and right-of-way phases for the Central
Avenue Bridge Rehabilitation project that is in
development.
EPIC’s right of way team is currently performing
on-call right of way services for San Bernardino
County Transportation Authority‘s (SBCTA) West
Valley Connector (WVC) Bus Rapid Transit
(BRT) project. The WVC creates a 35-mile
bus service east/west on Holt Boulevard and
north-south on Milliken Avenue to connect the
communities of Pomona, Rancho Cucamonga,
Ontario, and City of Montclair.
Route along Holt Blvd where dedicated BRT Lanes will
be added and 21 stations for the WVC.
MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 66 of 116 Epic Land Solutions, Inc.
Statement of Qualifications - General Real Estate Consulting Services for the City of Montclair Creating Land Solutions for the Public Good 4
History with Neighboring Communities
For over 20 years, EPIC has maintained staff and
office space in Riverside to serve the greater Inland
Empire region. EPIC is a trusted real property
and right of way consultant to neighboring local
agencies, including the Cities of Chino, Pomona,
Rialto, Ontario, Jurupa Valley, Corona, Fontana, and
Rancho Cucamonga, the County of San Bernardino,
San Bernardino County Transportation Authority
(SBCTA), Inland Empire Utilities Agency (IEUA),
Jurupa Community Services District (JCSD), Caltrans
District 8, and beyond.
Projects completed, in-progress, and awarded in
the last five years include:
City of Chino
• On-Call ROW Services 2018-2023 / 2023-2028
• Riverside Avenue Sidewalk and ADA Improvements
• Pine Avenue Extension to SR-71 Ramp Widening
City of Colton
• Mt. Vernon Avenue over UPRR Tracks Bridge
Widening Project
• Barton Road Bridge Removal & Road Construction
City of Pomona
• San Jose Multi-Use Bikeway
City of Rialto
• Pacific Electric Trail Expansion Feasibility Study
City of Fontana
• SR-210 Citrus Avenue Widening
• Safe Routes To Schools Pedestrian Improvements
• Foothill Blvd, Hemlock Avenue to Almeria
Avenue Street Improvements
City of Rancho Cucamonga
• Etiwanda Avenue Grade Separation Project
San Bernardino County
• Francis Avenue and Road Pavement and
• Sidewalk Improvements (Chino and Montclair)
• Phillips Boulevard Pavement and Sidewalk
Improvements (Chino and Montclair)
SBCTA
• West Valley Connector Bus Rapid Transit (BRT)
Corridor, Holt Blvd. Segment 4 in Ontario
Segment of the City of Rialto’s Pacific Electric Trail Expansion.
MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 67 of 116 Epic Land Solutions, Inc.
Statement of Qualifications - General Real Estate Consulting Services for the City of Montclair Creating Land Solutions for the Public Good 5
Epic Land Solutions, Inc. Qualifications
Epic Land Solutions, Inc. (EPIC) is a full-service
right of way and real estate consulting services
firm founded in California in 2000 with the
mission to create land solutions for the public
good. EPIC employs 60 professionals in
California and the Pacific Northwest to
appraise, acquire, and relocate property rights
of behalf of local public agencies. EPIC agents
are daily custodians of the Uniform Relocation
Assistance and Real Property Acquisition
Policies Act (Uniform Act) and Caltrans Right
of Way Manual guidelines to help local agencies deliver state- and federally funded projects. EPIC is a Caltrans Right of Way Certification specialist and offers deep experience providing turnkey right of way services in San Bernardino County. With over 22 years of experience performing right of way services for mobility and public works projects in Southern California, EPIC is uniquely qualified to support City of Montclair’s right-of-way project needs.
YEARS OF RIGHT
OF WAY SERVICES
EXPERIENCE
LOCAL AGENCY
PROJECTS CERTIFIED
BY CALTRANS,
LAST 5 YEARS
MUNCIPALITIES IN
SO CAL EPIC HAS
CONTRACTED WITH
FOR RIGHT OF WAY
RIGHT OF WAY,
APPRAISAL & UTILITY
COORDINATION EXPERTS
IN CALIFORNIA
22 23 50+ 15
On-Call Contracts Specialist
EPIC’s right of way team understands the nature and demands of on-call contracts with public agencies.
Our team is built for on-calls and is ready to tackle any project, large or small. As a service provider specializing in on-call contracts, we are adept at handling variable schedule and contract demands. We offer the City the flexibility it needs to execute real property and right of way tasks, no matter how simple or complex. EPIC is currently pre-qualified with the following agencies:
EPIC by the Numbers
MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 68 of 116 Epic Land Solutions, Inc.
Statement of Qualifications - General Real Estate Consulting Services for the City of Montclair Creating Land Solutions for the Public Good 6
EPIC is the Best Choice for the City of Montclair
Incumbent Real Estate Consultant for San Antonio Trail Project EPIC originally completed the preliminary real estate research, right of way impact assessment, and land acquisition cost estimates for the Multimodal Connectivity Plan for the San Antonio Creek Channel Project as the subconsultant to Alta Planning & Design. We are eager to pick up where we left off on the San Antonio Creek Channel Project by performing real property appraisals (or valuation waivers), obtain Rights of Entry permits for pre-construction and survey activities, negotiate with property owners to obtain Temporary Construction Easements or permanent trail easements, and depending on the project funding sources, certify the rights of way with Caltrans District 8. As needed, EPIC can also provide guidance to the City or its design consultant to identify, protect, or relocate utility facilities in the proposed trail alignment. Let’s get this project done! Right of Way Subject Matter Experts
Montclair can rely on EPIC as a one-stop-shop for everything from project development and planning, to utility identification and conflict mapping, to land valuations, inter-agency cooperative agreements, surplus land sales and revenue capture. The City has two direct points of contact at EPIC—Kari Anvick, SR/WA, R/W-RAC, and Darcy Mendoza, SR/WA, R/W-NAC—two senior right of way leaders here at EPIC with 30+ years of combined experience. Montclair can call on Kari and Darcy—and our team of 20+ agents and subject matter experts—for any appraisal, acquisition, relocation, surplus land sales, or utility relocation project needs. We hope the City of Montclair staff will leverage our skill sets and talents to make your clear rights of way, reduce liability, and deliver on your project goals.
Caltrans Right of Way Certification Experts
EPIC specializes in delivering a right of way program that adheres to federal funding requirements, the Caltrans Local Assistance Procedures Manual (LAPM), and Caltrans Right of Way Manual.
EPIC team members are currently working closely with local agencies and Caltrans District 8 on significant infrastructure improvement projects in San Bernardino County. Level 1, 2, and 3 Caltrans Certification project experience includes, the City of Highland’s Highland/Redlands Regional Connector Project, San Bernardino County Transportation Authority (SBCTA) Lenwood Road Grade Separation, and the City of Barstow North First Avenue Bridge Replacement Project.
Developed Stakeholder Relationships
Local agency stakeholders—such as water districts, utilities, Caltrans, and SBCTA—can play a vital role in approving funding, plans, and approvals for critical infrastructure projects and land acquisitions. Because 95% of the projects we support are public works projects, EPIC has longstanding experience and established business relationships with stakeholders at local agencies. We have developed agile working procedures with chief stakeholders that may be involved in bringing the City of Montclair’s projects to life.
Firm-of-Choice in San Bernardino County
Since launching our Inland Empire Regional Office in downtown Riverside in 2003, EPIC has delivered right of way projects for many communities in San Bernardino County including the cities of Montclair, Chino, Fontana, Colton, Apple Valley, Victorville, Ontario, Barstow, Rialto, Highland, and San Bernardino.
MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 69 of 116 Epic Land Solutions, Inc.
Statement of Qualifications - General Real Estate Consulting Services for the City of Montclair Creating Land Solutions for the Public Good 7
Turnkey Right of Way Services
RIGHT OF WAY PLANNING
APPRAISAL
ACQUISITION NEGOTIATION
• Cost Estimation
• Right of Way Impact Assessment
• Alignment planning
• GIS & CAD Integrations
• Fair Market Valuation & Inventory Studies
• Real Property Appraisal and Appraisal Review
• Expert Witness Testimony
• Survey Review and Title Clearance
• Right of Entry Permits
• Easement and Fee Acquisitions
• Escrow Coordination
• Eminent Domain Support
• Caltrans Certification
RELOCATION
• Replacement Search
• Move Coordination
• Relocation Appeal Support
• Relocation Plan
UTILITY RELOCATION COORDINATION
• Utility Research and As-Built Matrix
• Utility Relocation Coordination
• Positive Utility Identification (Potholing)
PROPERTY ASSET MANAGEMENT
• Asset Inventory
• Excess Land Sales
• Maintenance and Security
MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 70 of 116 Epic Land Solutions, Inc.
Statement of Qualifications - General Real Estate Consulting Services for the City of Montclair Creating Land Solutions for the Public Good 8
Subject Matter Experts
Kari Anvick, SR/WA, R/W-RAC - Senior Advisor
Kari oversees right of way, utility coordination, and real estate appraisal services for public works projects throughout California. She is focused on quality, budget, and schedule controls and staffing solutions for these teams.
An accomplished right of way professional with over 22 total years in the real estate industry, Kari has a stellar track-record of delivering acquisition and relocation projects on-time and under-budget, and always in compliance with Caltrans Local Assistance Procedures Manual (LAPM) and Caltrans Right of Way Manual. Kari has previous experience certifying parcel acquisitions with Caltrans acting as project engineer.
Darcy has been involved in all aspects of right of way work for over 20 years and has a strong understanding of the complexities related to real property transacting. Darcy is an excess land sales expert and she is up to date with current Surplus Land Act (SLA) guidelines and works directly with the California Department of Housing and Community Development (HCD) to process all necessary steps for affordable housing. She also provides property management services to aid public agencies in managing their portfolios of leases, licenses, and use agreements. Darcy’s speciality services have included overseeing property maintenance & repairs, monitoring vacant land/properties, and any additional repairs and or necessary work to be performed.
Darcy Mendoza, SR/WA, R/W-NAC - Project Advisor
Expertise: Caltrans Right of Way Certification
Expertise: Surplus Land Act/Excess Land Sales
Licenses
Real Estate
Salesperson
State of California
CA #02004708
Relevant Experience
• Safe Routes to Schools,
City of Fontana
• Railroad ROW Property
Management, SBCTA
• Riverside Bridge Widening,
City of Rialto
Education
General Studies
Saddleback College,
Mission Viejo & Mt. San
Jacinto College
Certifications
Senior Right of Way
Professional (SR/WA),
International Right of
Way Association (IRWA);
ROW Negotiation
/Acquisition
Specialist Certification
(R/W-NAC), IRWA
Licenses
Real Estate
Salesperson
State of California
CA #01742926
Relevant Experience
• ATP Safe Routes to Schools,
City of Ontario
• Juan Bautista de Anza
National Historic Trail, City
of Moreno Valley
• Mt. Vernon Ave Bridge over
UPRR, City of Colton
Education
Bachelors
Psychology,
California Baptist
University
Certifications
Senior Right of Way
Professional (SR/WA),
International Right of
Way Association (IRWA);
Relocation Assistance
Certification (R/W-RAC),
IRWA
MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 71 of 116 Epic Land Solutions, Inc.
Statement of Qualifications - General Real Estate Consulting Services for the City of Montclair Creating Land Solutions for the Public Good 9
Addiel is a Project Manager with over ten years of experience transacting real estate and performing acquisition/negotiations on behalf of public agencies for public works improvement projects. Addiel is experienced with the acquisition of property subject to eminent domain in California and has coordinated the sale of remnant land on behalf of government entities. He has performed relocation assistance services on a number of projects involving permanent and temporary commercial and residential relocations. He has successfully relocated homeowners, tenants, and business personal property. He has extensive experience with the Housing Authority of the City of Los Angeles (HACLA), providing over 400 total acquisitions.
Maria is a seasoned real estate broker with over 20 years of experience in right of way and relocation assistance services. She is a successful negotiator who treats all stakeholders with respect and ensures that all paperwork is completed on-time and properly filed. Maria has worked with a variety of clients throughout the Southland including transportation agencies, municipalities, housing authorities, school districts, and public utility companies. She is fluent in Spanish to better serve communities facing acquisition and displacement.
Maria is a compassionate and caring relocation agent. She has successfully completed over 550 relocations throughout her career, including coordination for family pets.
Subject Matter Experts
Expertise: Commercial Negotiations
Expertise: Residential Relocations
Addiel Flores, RWA, BROKER - Right of Way Project Manager Maria Sauza, BROKER - Senior Right of Way Agent
Licenses
Real Estate
Broker
State of California
CA #01238022
Notary Public, CA
Commission
#2392145
Relevant Experience
• Hillcrest Apartments Temp
Relocations, SDHC
• West Valley Connector
(BRT), SBCTA
• Mt. Vernon Viaduct
Replacement, SBCTA
• North First Ave Bridge
Replacement, City of Barstow
Education
International Right
of Way Association
(IRWA) Coursework
Licenses
Real Estate
Broker
State of California
CA #01944802
Relevant Experience
• Inglewood Transit Connector,
City of Inglewood
• ATP for Ojai Ave & Maricopa
Highway, City of Ojai
• Safe Routes to Schools,
City of Fontana
Education
Bachelors
Business Administration
& Real Estate,
California State
Polytechnic University,
Pomona
Certifications
Certified Right of
Way Agent (RWA),
International Right of
Way Association (IRWA)
Language Skills
Spanish Fluency
MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 72 of 116 Epic Land Solutions, Inc.
Statement of Qualifications - General Real Estate Consulting Services for the City of Montclair Creating Land Solutions for the Public Good 10
Subject Matter Experts
Expertise: Title & Escrow Coordination
Expertise: Eminent Domain Appraisal & Market Studies
Certifications
MAI Designated
Member, Appraisal
Institute, #9746
Tyler Kelleher, RWA - Senior Right of Way Agent
Tyler is a Senior Right of Way Agent that excels with professional communication with property owners, thorough documentation, team collaboration, and prioritizing competing tasks. Serving public agencies for over five years, Tyler provides thorough title examination, and escrow support services. With additional background in customer service, Tyler takes pride in accountability to clients and finding answers to difficult questions. Tyler earned the Professional Right of Way Agent (RWA) designation through the International Right of Way Association (IRWA) and is a Commissioned Notary Public in the State of California.
Kent is a Caltrans Qualified Appraiser with over 36 years of experience of valuating properties. He specializes in the valuation of retail, residential, commercial, industrial, agricultural, and special purpose properties in California.
Kent provides real estate appraisals in compliance with the Uniform Standards of Professional Appraisal Practice (USPAP) for federal, state, local, regulatory, and jurisdictional agencies. Kent manages all aspects of appraisal services and has valued total and partial acquisitions, temporary and permanent easements and determined property damages resulting from acquisitions and easements. Kent currently holds the title of “Officer” for the San Diego Chapter of the Appraisal Institute.
Kent Carpenter, MAI - Certified General Real Estate Appraiser Licenses
Certified General
Real Estate
Appraiser
State of California
CA #AG003087
Relevant Experience
• North First Ave Bridge
Replacement, City of Barstow
• SR60/Central Ave Interchange
Improvements, City of Chino
• West Valley Connector
(BRT), SBCTA
• Mt. Vernon Ave Bridge over
UPRR, City of Colton
Education
Bachelors
Financial Planning &
Counceling, Brigham
Young University
Licenses
Real Estate
Salesperson
State of California
CA #02129531
Notary Public, CA
Commission
#2347113
Relevant Experience
• West Valley Connector
(BRT), SBCTA
• Santa Fe Drive Corridor Bike
and Pedestrian Improvements, City of Encinitas
• Mt. Vernon Ave Bridge over
UPRR, City of Colton
Education
Bachelors
Political Science,
San Diego State
University
Certifications
Certified Right of
Way Agent (RWA),
International Right of
Way Association (IRWA)
MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 73 of 116 Epic Land Solutions, Inc.
Statement of Qualifications - General Real Estate Consulting Services for the City of Montclair Creating Land Solutions for the Public Good 11
Subject Matter Experts
Expertise: Utility Plan QA/QC and CPUC Rule 20 Undergrounding Compliance Expertise: Real Estate Cost Estimates
Mike Mays - Utility Services Manager
Mike has over 17 years of experience researching, planning, and overseeing utility relocations for various projects. He has worked extensively with Caltrans, and local agencies and understands the requirements of Caltrans Local Agency Procedures Manual (LAPM). Mike manages all aspects of utility coordination work, including preliminary and final report of investigation, cost estimating, preliminary engineering, acquisition of required railroad encroachment permits, drafting utility agreements and legal notifications, plans, specifications, estimates, quantities, bid and construction support. Mike is a Member of the American Society of Civil Engineers.
Candice is a Geographic Information System (GIS) Analyst within the Right of Way Project Development team at Epic Land Solutions (EPIC). Candice is experienced at preparing right of way impact assessments, real estate cost estimates, and environmental technical reports in support of Project Initiation and Preliminary Engineering projects. She brings 6 years of experience as a GIS-certified problem solver who analyzes, gathers, and creates spatial data sets for real estate, right of way acquisition, and relocation scenarios. Candice has managed complex GIS datasets for public agencies including California High Speed Rail Authority, Los Angeles World Airports (LAWA), and utilities. She has created data visualization tools in GIS to ensure accurate and efficient reporting.
Candice Freeman, GIS Project Analyst
Relevant Experience
• Safe Routes to Schools,
City of Fontana
• Railroad ROW Property
Management, SBCTA
• Riverside Bridge Widening,
City of Rialto
• Perris Valley Storm Drain
Channel Trail Ph II, City of
Perris
Education
Bachelors
Geography -
GIS Certification,
University of MissouriKansas City
Affiliations
Member, American
Society of Civil
Engineers (ASCE);
Member, Business
Development
Association of
the Inland Empire
(BDAIE)
Relevant Experience
• I-10 Mt. Vernon Interchange,
City of Colton
• SR-71/Pine Ave Off-Ramp
Improvements, City of Chino
• Monte Vista Ave Grade
Separation, City of Montclair
• University Parkway Grade
Separation, City of San
Bernardino
Education
Bachelors
Civil Engineering,
California State
Polytechnic University,
Pomona
Certifications
Roadway Worker Safety
Training Certificate,
SCRRA;
Fundamentals of
Inspection Practice,
Caltrans;
Utility Process for Local
Agencies, Caltrans
Expertise
• GIS Data Sets
• Conceptual Cost
Estimates
• Caltrans Right of Way
Data Sheets
• Esri ArcGIS Platforms
MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 74 of 116 Staffing Organization
EPIC’s key personnel will be 100% available to the extent required for the City’s contract task orders. Under the Senior Leadership of Kari Anvick and Darcy Mendoza, both will provide quality assurance and accounting oversight to ensure adherence to schedules and budgets. Regular Meetings and Progress Reports will be performed for the City weekly as requested. EPIC’s team are Caltrans-qualified, licensed brokers crossed-trained in right of way acquisiton and relocation assistance services, notaries, and specialists in the successful delivery of state and federally funded projects. Our designated team performs all right of way activities in accordance with the Caltrans Right of Way Manual.
EPIC’s right of way agents are crosstrained in acquisition negotiation and relocation assistance services!
Epic Land Solutions, Inc.Statement of Qualifications - General Real Estate Consulting Services for the City of Montclair Creating Land Solutions for the Public Good 12
“Kari and the EPIC agents are strong negotiators and
understand their role to minimize agency costs above
just compensation so as not to gift public funds.”
- Tim Byrne, Project Delivery Manager, SBCTA
MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 75 of 116 Epic Land Solutions, Inc.
Statement of Qualifications - General Real Estate Consulting Services for the City of Montclair Creating Land Solutions for the Public Good 13
Trail / Mobility Project Experience
City of Montclair,
Multimodal Connectivity Plan for San
Antonio Creek Channel
City of Moreno Valley, Juan Bautista de
Anza Historic Corridor, Multi-Use Trail
from El Potrero Park to Iris Avenue
The multi-use trail consists of a mixed bike
path and pedestrian walkway. The project will
add new sidewalk, curb, ADA curb ramps, and
stormwater facilities. EPIC performed a right
of way cost estimation and preliminary utility
research and relocation coordination for the
initial phase of the Trail project, previously known
as the Moreno Valley Bike Path or Aqueduct
Trail System project. During Phase II, EPIC
provided title examination, real estate appraisal
and appraisal review, acquisition negotiation
services, escrow coordination, utility relocation
coordination, and Caltrans Right of Way
Certification support in compliance with federal
aid requirements. EPIC’s team negotiated with the
owners of four (4) private properties impacted
in this project to acquire right of way. EPIC also
acquired permission grants (i.e. Right of Entry or
Donations) for two parcels owned by Val Verde
Unified School District.
Features:
Right of Way Cost Estimate
Preliminary Utility Research
Utility Relocation Coordination
Acquisition Negotiation
Appraisal Services
Caltrans ROW Certification
In support of the design engineer and the City,
EPIC prepared a right of way impact assessment
to determine existing ownerships along the trail
and what rights the City would need to acquire.
Parcel-level land use data was provided to locate
the limits of the creek and other encumbrances
(easements, licenses, etc.). EPIC located major
utilities (water, sewer, electric, gas, phone lines
etc.) along the corridor to better understand their
relationship to the potential trail alignments. A
feasibility study-level impact analysis was completed that responded to the alternatives to evaluate acquisition and/or easement agreement
options when the preliminary design was completed. EPIC’s final task was cost estimates to support alternative analysis and refinement of the
trail alignment design. EPIC’s real estate
research revealed trail easement rights in the
project area that were previously deeded to the
City that the City wasn’t aware of, thus saving the
project budget several thousand dollars.
Project Features:
ROW Impact Assessment
Feasibility Study
Cost Estimates
Right of Way Research
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Statement of Qualifications - General Real Estate Consulting Services for the City of Montclair Creating Land Solutions for the Public Good 14
Active Transportation Projects (ATP)
City of Fontana, Safe Routes to Schools
(SRTS) Pedestrian Improvement Project
The EPIC team is providing right of way services for
this federally funded project to acquire Permits to
Enter and Construct. The acquisition of property
rights are required to construct the improvements
to sidewalks, curb and gutter ramps, street striping,
and traffic signs. Up to 56 individual parcels will be
temporarily impacted by the project construction
and 18 individual parcel impacts will require
permanent easement acquisition of a small “sliver”
area to accommodate new sidewalk facilities. EPIC
is performing right of way services to complete title
review, appraisal, appraisal review, acquisition negotiations, and escrow coordination in accordance with local and state guidelines. As part of our services,
EPIC will also compile all documentation required
for the City to file and obtain Caltrans Right of Way
Certification, as required by state and federally
funded projects. This project is funded through the
Active Transportation Program (ATP) administered
by Caltrans.
Project Features:
Title Review and Clearance
Appraisal & Appraisal Review
Acquisition Negotations
Escrow Coordination
Active Transportation Program (ATP) funding
Caltrans Right of Way Certification
City of Ontario, ATP Cycle I Safe Routes
To School (SRTS) Sidewalk Project
The City of Ontario ATP Cycle I Safe Routes To
School Sidewalk Project provides new sidewalk/
pedestrian facilities for Bon View Elementary,
Corona Elementary, and Euclid Elementary. EPIC
provided right of way acquisition and appraisal
services to acquire three parcels for this ATP
Cycle I project which supports the construction
of pedestrian improvements near Bon View
Elementary School and Euclid Elementary
School in Ontario. EPIC provided appraisals for
three properties and acquired the right of way
from properties needed to construct missing
sidewalks and pedestrian facilities. EPIC also
provided title reports, escrow coordination and
acquisition negotiations. All work was performed
in accordance with ATP requirements/standards,
Caltrans Local Assistance Procedures Manual
(LAPM), Local Assistance Program Guidelines
(LAPG), and City guidelines. This project is funded
through the Active Transportation Program (ATP)
administered by Caltrans.
Project Features:
Title Review and Clearance
Appraisal & Appraisal Review
Acquisition Negotations
Escrow Coordination
Active Transportation Program (ATP) funding
Caltrans Right of Way Certification
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Statement of Qualifications - General Real Estate Consulting Services for the City of Montclair Creating Land Solutions for the Public Good 15
San Bernardino County Transportation
Authority (SBCTA), West Valley
Connector Bus Rapid Transit (BRT)
EPIC was selected by SBCTA to perform Right of
Way services for this new BRT corridor to improve
OmniTrans service in the communities of Pomona,
Montclair, Upland, Ontario, and Rancho Cucamonga.
EPIC is managing the delivery of Appraisal, Right of
Way Acquisition, and Relocation Assistance services
for impacts 56 larger parcel groupings possessed by
53 unique property owners. Due to the dedicated
bus lane design in this section, 10 of the 56 parcels
will be acquired as full takes and result-ing in
25 relocation assistance cases (consisting of 17
businesses and 8 residential displace-ments).
Property types included commercial retail suites,
motels, restaurant franchises with vehicle drive-thru
access, gas stations, auto repair and auto dealers.
Due to Federal Transit Administration (FTA) funding
for this project, EPIC is performing quality assurance
reviews to ensure that the acquisition and relocation
programs are performed in accordance with the
Uniform Act and California Government Code Title 1
and Title 25.
Features:
Appraisal and Appraisal Review
50+ Parcel Acquisitions
Interim Property Management
Transit & Rail Project Experience
San Bernardino County Transportation
Authority (SBCTA)
Railroad ROW Property Management
EPIC’s Assistant Regional Manager for the Inland
Empire, Darcy Mendoza, is the Property Manager
overseeing the management of 70 miles of
SBCTA-owned right of way for the San Gabriel,
Baldwin Park, and Redlands Subdivisions.
Darcy and the EPIC team have analyzed
approximately 950 non-revenue agreements and
maintains oversight of 87 revenue agreements
producing over $400,000 in annual income
for SBCTA. Other tasks involve creating new
licenses/agreements, developing master utility
agreements, enforcing agreements, oversight
of maintenance and collecting lease and license
fees. EPIC’s GIS department has established
a database to record and store information
for each tenant, along with the creation of a
map book that provides details for each of the
subdivisions.
Features:
Property Management
Revenue Agreement oversight
New License agreements
Lease and License Fee collections
Master Utility Agreements
GIS Map Exhibits
30+ Residential and Non-Residential Relocations
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Statement of Qualifications - General Real Estate Consulting Services for the City of Montclair Creating Land Solutions for the Public Good 16
City of Barstow
Utilizing Caltrans Highway Bridge Program
funds, the City of Barstow replaced the North
First Avenue Bridge to correct structural
deficiencies. EPIC provided full-service right
of way, utility coordination and property
management services in compliance with
Caltrans District 8 regulations. EPIC performed
right of way cost estimates, title clearance,
appraisal coordination, negotiations to acquire
rights to 21 commercial and residential
properties. Relocation assistance services were
provided for 11 residential homes and one
commercial business. Upon property vacancies,
EPIC coordinated site security and maintenance
for properties, including board-up, locks,
security fencing, and other tactics were installed
to mitigate trespassing. EPIC ultimately oversaw
the complete demolition of the properties to
prepare for bridge construction.
Features:
Cost Estimates
Title Review and Clearance
Appraisal Coordination
Acquisition Negotiation
Utility Coordination
Caltrans District 8 Oversight
North First Avenue Bridge over BNSF Railway
City of Lake Elsinore, Temescal Canyon
Bridge & Road Realignment
The City of Lake Elsinore is replacing the 97-yearold Temescal Canyon Bridge Over Temescal Wash. EPIC is the right of way and utilities
subconsultant to the design engineer on this
project. EPIC performed negotiations with two
property interests to acquire rights of way
required to construct the project improvements.
EPIC performed comprehensive right of way
acquisition services, including title review, title
clearance, obtained real estate appraisal
valuations, offer package preparation, and
negotiations with property owners. EPIC’s
in-house Utility Services department performed
initial utility research, cost estimates, collection
of as-builts, determination of liability, and
coordination with utility companies to protectin-place or relocate their facilities in this bridge rehabilitation project. Due to Caltrans funding
oversight, all tasks were performed in accordance
with Caltrans Local Assistance Procedures Manual
(LAPM) and the Caltrans Right of Way Manual.
Features:
Cost Estimates
Title Review and Clearance
Appraisal and Appraisal Review
Acquisition Negotiation
Utility Coordination
Caltrans District 8 Oversight
Bridge Replacement Projects
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Statement of Qualifications - General Real Estate Consulting Services for the City of Montclair Creating Land Solutions for the Public Good 17
City of Jurupa Valley
Van Buren Boulevard Widening, from
Limonite Avenue to the Santa Ana River
Jurupa Valley constructed a new sound wall and
widened Van Buren Boulevard to provide six (6)
total lanes, three (3) in each direction. The
project will reduce traffic congestion and
includes include new ADA curb ramps and
gutters. The project will restripe the already
widened area to provide a third lane in each
direction from Clay Street across existing bridge
over the Santa Ana River. EPIC performed
appraisal and right of way acquisition services
for the City to acquire rights to six parcels
impacted by this municipal capital improvement
project. EPIC provided comprehensive right
of way services to appraise, clear title, and
acquire rights to sixteen (16) individual parcels
on Limonite and six (6) parcels on Van Buren
Boulevard. EPIC’s tasks included scheduling
and quality control for title report examination,
appraisal coordination, and acquisition
negotiation.
Features:
Title Report Examination
Appraisal Coordination
Acquisition Negotiation
Escrow Coordination
Project Close-out
Roadway / CIP Project Experience
City of Chino
Riverside Drive Capital Improvements
This ambitious Capital Improvement Program
improved the 4-lane arterial by adding 62 new
ADA-compliant curb ramps, concrete sidewalks,
gutter, cross gutter, storm drain improvements,
signage, striping, and traffic signal improvements
at 3 intersections. EPIC negotiated and acquired
all property easements and rights of way to clear
the project for construction. As part of EPIC’s oncall right of way services contract with the City of Chino, EPIC negotiated with 34 property owners
to obtain dedications for ADA ramp and sidewalk
compliance in this resurfacing project. Several
Southern California Edison poles also needed to
be relocated as part of the project. Earlier this
year, the American Public Works Association
Inland Empire Branch (APWA/IE) awarded the City
of Chino 2022 Project of Year in the “Outstanding
Public Works Rehabilitation” category for the
Riverside Drive Accessibility Improvements
Project.
Features:
Capital Improvement Project (CIP)
Title Review
Acquisition Negotiation
Utility Coordination
Caltrans District 8
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Statement of Qualifications - General Real Estate Consulting Services for the City of Montclair Creating Land Solutions for the Public Good 18
Jazmine Pena, Associate Engineer
City of Fontana
(909) 350-6648 | [email protected]
Project: Safe Routes to Schools (SRTS) Pedestrian Improvements Project Kahono Oei Senior, Civil Engineer
City of Jurupa Valley
(951) 332-6464, ext. 145 | [email protected]
Project: Limonite Avenue & Van Buren Boulevard Widenings Brad Merrell, Consulting City Engineer (Merrell Johnson Companies) City of Barstow
(360) 582-2478| [email protected]
Project: North First Avenue Bridge over BNSF Rail Yard
We value our clients and strive to maintain relations with the agencies we frequently represent. We invite you to reach out to our clients and discuss how EPIC can support your project goals.
Client References
Victor Lopez, P.E., Director of Transit and Rail Programs SBCTA
(909) 889-8611 | [email protected]
Project: West Valley Connector Bus Rapid Transit (BRT)
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Statement of Qualifications - General Real Estate Consulting Services for the City of Montclair Creating Land Solutions for the Public Good 19
Project Approach
The City of Montclair is seeking a qualified consulting firm to provide General Real Estate Consulting Services on an as-needed, on-call basis.
Professional services required by the City may include on-call real property and right of way acquisition, relocation, property management, title, escrow, appraisal, and other general real estate-related tasks.
EPIC is prepared to resolve real property issues as they relate to the City’s improvement projects as an on-call, right of way consultant. EPIC will perform all right of way and property acquisition services in close coordination with the City and in accordance with county, state, and federal policies and procedures wherever applicable including Title VI of the Civil Rights Act of 1964, the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and the URA regulations that became effective in February 2005.
Regardless of project funding, EPIC’s approach always adheres to the Uniform Act and Caltrans Right of Way Manual and Local Assistance Procedures Manual (LAPM) guidelines. EPIC routinely supports Caltrans Right of Way Data Sheets, Right of Way Certification and Utility Relocation Coordination, which require substantial knowledge of Caltrans District 8 procedures, forms and requirements. Under this contract, EPIC will provide comprehensive right of way and real property consulting services for the City of Montclair, as needed.
EPIC’s Approach and Methodology
EPIC’s right of way team are currently
performing appraisal and acquisition
services for approximately 12
property owners for the City’s Murrieta
Hot Springs Road Improvement Project.
This 15-acre project along Margarita Road
to Winchester Road is part of the City’s
Capital Improvement Program (CIP).
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Statement of Qualifications - General Real Estate Consulting Services for the City of Montclair Creating Land Solutions for the Public Good 20
Right of Way Program Built for Federal-Aid Projects
EPIC’s approach for all acquisition projects are in accordance with the Federal Civil Rights Act of 1964 and Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) as amended in 1987 (the Uniform Act), and the Caltrans Right of Way Manual. To protect public agency’s funding sources, EPIC follows the Caltrans Right of Way Manual and Caltrans Local Assistance Procedures Manual (LAPM) in every project we undertake. From the Notice to Proceed to Project Close-Out, our file documentation and project methodology adheres and conforms to these critical guidelines.
EPIC’s comprehensive slate of services covers all phases of right of way, from project development through construction, in compliance with Caltrans and federal-aid programs:
PS&E Phase begins, advancing design based on detailed survey and mapping Updated R/W Data Sheet based
on survey and design
Final
PS&E
Prepare appraisals, coordinate
w/Local Agency, Caltrans, and
subconsultant reviews
Present initial offers &
commence negotiations
Relocation
advisory
assistance
Condemnation
Support
Rights required
for certification
are obtained
Caltrans Right
of Way
Certification
Provide postcert R/W file
close-out,
demolition &
clearance, final
R/W
engineering
Property
Management
Services
Coordinate right of
way engineering
(legals & plats)and
positive
Utility Location
Prepare utility
agreement and
coordinate
utility
relocation
Draft PS&E
Prepare bid
documents,
advertise
& award
construction
contracts
Construction Begins
Construction Support
&
Excess Land Sales
Project Completion
RIGHT OF WAY PROCESS
Project Initiation Project Approval & Environmental
Documentaton (PA&ED) Plans, Schedules & Estimates (PS&E), Final Design, R/W Construction Phase Transportation need is
identified through System
and Regional Planning
Decision to
Prepare Project
Initiation Document (PID)
EPIC support PID by
helping determine
R/W needs and
preparing conceptual R/W
and utility cost estimates
Preparation
of Draft
Project
Report
Environmental
Studies
Draft Project Report and Draft
Environmental Document are
circulated
Attend public meeting to discuss
impacts and explain Caltran R/W
Process
Preparation of
Relocation
Impact Studies
Preparation of
Caltrans Data
Sheet
Preferred Alternative is selected,
Final Project Report and
Environmental Document(s)
are approved
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Statement of Qualifications - General Real Estate Consulting Services for the City of Montclair Creating Land Solutions for the Public Good 21
This section outlines EPIC’s description of the right of way program and services being proposed for this contract. It is EPIC’s privilege to offer the following services to the City:
Project Management
Our team will work closely with the City and its consultants to review project assignments and establish lines of communication, procedures and protocols, and will work to keep the team on track to reach goals. To track and manage ongoing right of way project tasks and budget, EPIC will:
• Oversee all activities performed under the right of way contract. • Coordinate with any federal and state oversight agencies as directed by the City.
• Ensure that all consultants have appropriate licenses for the scope of work.
• Coordinate team, subconsultant, and client meetings.
• Prepare and maintain a detailed project schedule and provide progress reports.
• Coordinate with all stakeholders.
• Maintain project files.
• Develop and maintain a quality assurance/quality control plan In-House Appraisal Services
Estimates of value, or appraisals, are required to determine Just Compensation for proposed property acquisitions. Appraisals will conform to the Uniform Standards of Professional Appraisal Practice (USPAP), the Appraisal Institute’s Code of Ethics, and federal policies and regulations, where applicable. EPIC appraisers are certified by the State of California, members of the Appraisal Institute and are qualified to provide expert witness testimony. All appraisal assignments begin with a detailed approach to understanding property issues and basic property Scope of Services
Integrated Risk Management: A unique aspect of EPIC’s project management approach is the integration of a comprehensive right of way risk management assessment developed at project inception. In this process, all cost and schedule risks potentially affecting the right of way program are identified, analyzed, and ranked. Solutions to mitigate each risk are developed and assigned to the appropriate project team members with specific target dates established as milestones for completion. Having delivered some of the most complex acquisition and relocation projects in Southern California, our team has found it invaluable to focus not merely on the administration of the right of way process, but also on the larger programmatic concerns that interface with acquisitions and relocations.
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For the City of Chino’s Riverside Drive Capitol
Improvement Project, EPIC negotiated with 34
property owners to obtain dedications for ADA
ramp and sidewalk compliance.
identifications. Appraisers review public and private databases to analyze zoning, general plan, and other public information related to any appraisal assignment. Appraisers then reconcile these various indications of value into a single estimate. After the appraisal has been performed, a “before and after” methodology appraisal report to determine lost value to the property owner after a public project is complete.
Appraisal Reviews
In accordance with Caltrans oversight projects, an independent third-party appraisal review is required for the acceptance and approval of the amount of Just Compensation. As needed, EPIC will enlist an independent third-party to perform appraisal reviews. Our team is prepared to monitor and mentor any appraisal subconsultant just as we would with our own employees.
They will have full access to all the tools available to our in-house appraisers and will be
Title Examination Services & Preliminary Title Reports
Securing preliminary title reports quickly is very critical. At the time of Notice to Proceed, EPIC will obtain a Preliminary Title Report for the impacted parcels. These reports will provide information required by the appraiser when preparing the Just Compensation analysis. Title Services involve obtaining and reviewing title reports to verify ownership and identify any easements or encumbrances. One report will be obtained for contiguous parcels with the same owner. Updated preliminary title reports will be obtained as needed.
Acquisition/Negotiation Services
EPIC is responsible for the entire acquisition process. Property acquisition requires that EPIC negotiate with property owners or appointed representatives for the purchase of property rights in good faith. The property acquisition process is performed in close coordination with the City and in accordance with the Uniform Act whenever necessary. EPIC agents are regularly trained in acquisition negotiation skills through International Right of Way Association coursework, Caltrans training and through experience with federal, state and local projects.
Avoid Delays By Quickly
Obtaining and Reviewing
Title: One noteworthy
contingency for the
completion of survey and
appraisal tasks is the timely
availability of preliminary title
reports (PTRs)—The sooner
the survey or appraisal team
has the title reports in-hand,
they can compete their work
and stay consistent with
the property definitions.
Our title subconsultant—
Commonwealth—can
quickly provide any title
reports needed by the City.
Commonwealth’s local
branches typically handle
3,200 orders per month.
Commonwealth previously
completed highway corridor
projects in excess of 500
parcels such as the RCTC Route
91 Corridor Improvement
Design-Build Project.
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Statement of Qualifications - General Real Estate Consulting Services for the City of Montclair Creating Land Solutions for the Public Good 23
We expect to provide the following services and high degree of care for every acquisition negotiation:
• Offer Package Preparation: First, an Offer Package template is submitted to the City for quality review and approval. EPIC then prepares the Offer Package for each parcel based on the City-approved Just Compensation. Offer Packages may include an Offer Letter, Summary Statement of Just Compensation (appraisal summary), Acknowledgment Receipt, legal descriptions, plat maps, grant deeds and easements, Purchase Agreement and Title VI brochure. Caltrans projects require that a copy of the formal summary appraisal report be provided to the owner with the first written offer.
• Immediate Engagement with Owners: EPIC assigns one agent to be the primary point of contact for each property owner. As soon as possible, EPIC agents present the written Offer Package to the impacted property owners or their authorized representatives. Early interaction with the property owner saves time in negotiations after the offer is made. EPIC agents will take the necessary time to advise property owners with detailed explanation of the property interest being acquired, the proposed construction detail as it affects the property, as well as the entire acquisition process. Agents will answer any questions or concerns the owners may have.
• Good Faith Negotiation: EPIC is aware of the sensitive nature of unwanted acquisitions from the point of view of affected property owners. For the remainder of the negotiation schedule will maintain close communication with property owners to establish a positive rapport and working relationship with the property owner to build trust and create an atmosphere in which successful negotiations can occur. Epic agents will make as many contacts with each owner as the City believes necessary to acquire the property or secure an easement.
• Reasonable Offer Timeline: Property owners are given reasonable time to consider the City’s offer and present material relevant to value determination (generally a minimum of 30 days or three contacts). • Tenant Consideration: Early in the process, EPIC will ascertain if property owners have tenants leasing their property. EPIC understands the relationship between a property owner and a tenant and the need to address all tenant concerns. At the owner’s or tenant’s request, EPIC will meet with the tenant to discuss the project and ways that the impact to the tenant can be mitigated.
• Diary Entries: Each contact with property owners and tenants is documented (including the date, place and names) and maintained in the parcel file throughout the negotiation process.
• Purchase Agreement Amendments: To minimize the impact of project on affected persons and help address and alleviate some of the owner and tenant concerns, EPIC can suggest amendments or EPIC’s services and
deliverables adhere
to current Caltrans
requirements for
federally funded projects
and are performed in
accordance with all city
and state standards,
policies, and procedures.
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• special provisions to agreement language. EPIC will work closely with the City and the impacted property owner/tenants to determine which concessions can be made without adversely impacting the project construction and project costs.
• Recommendations and Counter-Offers: Review and consider counter-offers, make recommendations and obtain City approval before accepting the owner’s counter offer or making a second counter offer.
• Innovative Final-Stage Negotiation: EPIC developed Summit Meetings as a highly successful approach to resolve issues and assist in avoiding eminent domain/condemnation proceedings. EPIC sets up a meeting with all individuals who have project information and decision-making authority. Although the meeting can last several hours, we are usually able to reach agreement on all issues. • Fair Settlement: It is one of EPIC’s highest priorities to negotiate a fair, mutually agreeable settlement between the City and the property owner, resulting in escrow. Once an agreement has been reached, EPIC obtains the owner’s signature, notarized when necessary. EPIC promptly transmits all executed documents on successfully negotiated parcels to City for acceptance and signature. We will then deliver purchase agreements to the title and escrow subconsultants and perform all title clearance.
• Legal Recourse: EPIC will continue negotiations with the property owners until every effort has been exhausted and it appears that the only remaining method of acquisition is through legal proceedings (i.e. a Recommendation for Condemnation).
Rights of Entry and Encroachment Permits
EPIC will guide the City to obtain any necessary Encroachment Permits or Rights of Entry permits from local public agencies if it is necessary to cross any property owned by the public agencies. These agreements will inform the property owner of the purpose and impact of each permit.
Escrow/Closing Services
Once EPIC has obtained the property owner and City’s signature on acquisition agreement(s) we will open escrow and coordinate escrow requirements with property owner. We provide draft escrow instructions to the City for approval. EPIC will work with a third-party title company to perform title clearance. EPIC will review the Title Reports and work to ensure that the property can be conveyed to the City without any unacceptable liens, Covenants, Conditions, and Restrictions (CC&Rs) and other encumbrances. We coordinate payment between the Grantor, City and the Escrow Company. EPIC will obtain the City’s signature on Certificates of Acceptance and all other necessary documentation such as recorded grant deeds and temporary construction easement deeds to convey title.
At the close of the transaction, we obtain the final title policy, review closing statements and submit to City for approval and close escrow.
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Statement of Qualifications - General Real Estate Consulting Services for the City of Montclair Creating Land Solutions for the Public Good 25
Relocation Plan (Required for Federal-Aid Projects)
EPIC can prepare a Relocation Plan to analyze relocation options, anticipate all costs, outline the needs of residents, and outline plan for claim disbursements. The plan will verify the feasibility of anticipated relocations and forms an itemized project budget, including lodging, meal, transportation, and moving expenses. To prepare the Relocation plan, EPIC may interview displaced occupants to understand challenges and better estimate relocation costs. The Relocation plan will be prepared in accordance with state guidelines, rules, and regulations Relocation Assistance Services
EPIC’s project team prides itself on its ability to administer a relocation program that recognizes the delicate nature required when moving people from their homes or places of business. Being sensitive to displaced persons’ concerns is not only beneficial to the project, but also goes a long way toward alleviating the very human, sometimes traumatic, reaction faced by property owners who are unexpectedly displaced. Apart from the people affected by relocation activities, appropriate notices are one of the most important parts of a relocation program. Providing notices to affected persons in a timely manner can save the City money and protect the affected person(s) from unnecessary hardships.
Condemnation/Eminent Domain Support
When negotiating for acquisitions, EPIC works to avoid eminent domain whenever possible. While it is EPIC’s ultimate goal to negotiate a fair settlement between the City and the property owner, sometimes it is necessary to resolve valuation or design differences in court. If eminent domain procedures do become necessary, EPIC will prepare summary memos outlining efforts made and the reason(s) for impasse. We will work closely with the City’s eminent domain counsel and we will prepare an impasse letter addressed to the property owner and begin eminent domain tasks.
These tasks include preparation of litigation briefings, tracking Resolution of Necessity hearing dates as needed and attending Resolution of Necessity hearings. Each owner contact will be documented (including the date, place and names) and maintained in the parcel file throughout the negotiation process.
Escrow Cost-Saving Option: If the only property interests acquired are confirmed to be temporary construction easements (TCE), EPIC can work directly with the City to process an “in-house escrow” and reduce escrow closing fees.
No Language Barriers: EPIC employs acquisition and relocation agents that are fluent in the Spanish speaking language to help in the easy flow of communications with property owners and the community at large.
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Utility Relocation
EPIC has a dedicated Utility Services Department to research Utility Conflicts, perform Utility Design QA/QC, Determine Liability of utility relocation, and Certify the Utility Relocations with Caltrans District 8. All of EPIC’s utility services are performed following the Caltrans LAPM process. The EPIC Utility Manager coordinates with the City, utility companies and applicable stakeholders for all work involved in identifying, protecting, removal and/ or relocation of utility facilities necessary for the project. We identify all utility owners in the project area, conduct site verifications and confirm who has prior rights and determine if any of their utility facilities conflict with the project design. A utility matrix will be prepared identifying utility owners, descriptions of facilities, dispositions (i.e. protect, relocate, abandon) and initial liability determinations. If conflicts exist, we review project plans with the engineering design team to determine utility alternatives and meet early with utility owners to determine liability and identify which utilities will be moved to accommodate the proposed project. This is critical as determination of liability is becoming more of an issue in today’s projects and can cause major delays or increase expense due the involve-ment of legal counsel. EPIC then provides coordination for the success-ful relocation of utility facilities identified as conflicts. The Utility Services Team ensures timely and successful Certification of the utility relocations with Caltrans District 8.
Caltrans Right of Way Certification / Project Close-Out All state and federally funded projects require Caltrans right of way certification. If needed, EPIC will work to obtain right of way certification which documents that real property interests have been secured, that the site will be vacated prior to construction, and that all right of way activities were conducted in accordance with applicable Caltrans policies and procedures.
EPIC’s Utility Services Team provided
supervision of 25 pothole investigations
and utility coordination for over 100
utility facility relocations for the City
of Menifee’s Bundy Road/Scott Road
Widening project (pictured right).
Ensure Caltrans
Approves R/W
Certification Package
on First Submittal: For
federal aid projects, EPIC
will work closely with the
Caltrans District 8 Right
of Way Local Programs
department to perform
a preliminary review of
the Certification package
to check for quality,
completion, and compliance
ahead of the official Right
of Way Certification
submittal which will
mitigate delays.
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Property Management Services
EPIC is one of the only right of way consulting firms in Southern California that offers full-service property management solutions specifically suited for property owned by public agencies. Our objectives are to maximize revenues, maintain safety and security, reduce maintenance costs, and minimize liability for our clients.
Interim Property Management Services
EPIC is prepared to handle interim property management activities as needed to manage properties acquired by the City. Tasks may include collection of lease payments, managing and maintaining licenses, leases, and rental agreements for acquired properties, pursuing collection of delinquent rents when necessary, setting up a client bank account and reconcile with the income and expense reports, prepare monthly income and expense reports, performing site visits periodically to monitor for encroachments, safety issues, and property maintenance tasks.
Property Maintenance & Site Inspections
EPIC has developed proactive programs to periodically inspect client property for code enforcement and easement compliance issues, environmental concerns, and unauthorized uses by third parties. EPIC will identify unpermitted encroachments and unlawful activities, notify trespassers of the need to vacate, engage code enforcement authorities on corrective action noticing, take timely action on any violations, and log all findings and actions in a database. EPIC can also work with the encroaching entity to install a permit, lease, or license if the use is deemed acceptable by the City and will work with qualified maintenance professionals, general contractors, and construction managers to handle large or small emergency repairs.
Property Management & Maintenance
Reporting
& Insights
Maintenance
and
Inspections
Focus on
Revenue
Capture
Long-Term
Planning &
Risk
Management
24/7 Point
of
Contact
Hazmat,
Demolition
& Clearance
Full-Service
Property
Management
Services include:
EPIC is currently contracted with the City
of Riverside to perform On-Call Property
Management Services.
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Statement of Qualifications - General Real Estate Consulting Services for the City of Montclair Creating Land Solutions for the Public Good 28
Specialty Services: Surplus Land Sales
Experts in Public Auction of Remnant Parcels
EPIC is the City of Montclair’s local expert in the proper disposal of remnant parcels owned by public agencies and the public auction process.
EPIC’s team of experienced real estate agents will use proven processes for auctioning remnant parcels, using existing Request for Offer and marketing templates and processes that have been used successfully to sell over $15 million dollars in excess land sales over the last 10 years. EPIC will leverage our Esri ArcMap technology to perform GIS analysis for every parcel sale to identify property owners within 500 feet radius that may have an interest in buying.
EPIC offers a wealth of previous project experience in excess land disposal and surplus property brokerage:
SOLD OVER $15 MILLION Value of excess lands sales for local agencies in last five years.
HIGH-TOUCH BROKERAGE
SERVICES FOR PUBLIC AGENCIES
Relationships with local public agencies, land developers, and other interested buyers we can notify of the sale, and proven sales strategies to successfully dispose surplus property.
STREAMLINED APPROACH
Over eight (10) experienced real estate agents employed by EPIC will use sales package templates and proven marketing strategies that have been previously deployed and leverages for other public agencies.
GIS ANALYSIS
EPIC’s in-house GIS mapping team will perform a fast GIS analysis to identify property owners within 500 feet radius of each surplus property sale to identify potential buyers and comply with the Surplus Land Act regulations.
Understanding of the Surplus Land Act
The California Surplus Land Act of 2019 requires
that when cities, counties, transit agencies, and
other local agencies sell or lease their land, they
must prioritize it for affordable housing
development. In short, the Surplus Land Act of
2019 deals with a requirement to use the land for
affordable housing when applicable. EPIC staff are
required to stay current and educated on the latest guidelines and updates to the law, such as changes that started January 1, 2021, which stipulates that local agencies are required to send, and the California Department of Housing and Community Development (HCD) is required to review, negotiation summaries for each surplus land transaction in the state. HCD is also required to notify local agencies of violations and may notify the Attorney General and assess fines, as necessary.
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Billing Rate Schedule
Title/Classification Direct Labor OH Profit Fully-Loaded Rate
Advisory Manager $75.96 164.93% 10% $221.36
Senior Project Manager II $60.10 164.93% 10% $175.15
Senior Project Manager I $57.69 164.93% 10% $168.12
Project Manager $48.08 164.93% 10% $140.12
Senior Right of Way Agent II $38.00 164.93% 10% $110.74 Senior Right of Way Agent I $33.65 164.93% 10% $98.06
Right of Way Agent III $32.21 164.93% 10% $93.87
Right of Way Agent II $31.61 164.93% 10% $92.12
Right of Way Agent I $30.05 164.93% 10% $87.57
GIS Analyst $45.67 164.93% 10% $133.09
Utility Services Lead $57.69 164.93% 10% $168.12
Utility Coordinator II $35.10 164.93% 10% $102.29
Utility Coordinator I $34.13 164.93% 10% $99.46
Senior Appraiser $64.90 164.93% 10% $189.13
Senior Appraisal Coordinator $33.97 164.93% 10% $99.00
Budget & Financial Controls $39.66 164.93% 10% $115.58
Administrative Support $28.85 164.93% 10% $84.08
The rates below reflect EPIC’s direct salary rates for individuals that are currently anticipated to participate in work under this contract. The actual rate billed shall be based on the direct salary of the individual having performed the work, plus overhead and profit. These rates will be re-calculated at the beginning of each calendar year up to the amount of change in the Consumer Price Index, not to exceed five percent (5%). Staff billing rates provided include the Federal Acquisition Regulations (FAR) approved overhead rate for Epic Land Solutions, Inc. and are suitable for state and federally funded projects. If the NTP is received after 120 days from this proposal, fees and billing rates may require revision.
Other Direct Costs Rate
Mileage At IRS Allowable
Postage/Overnight Delivery At Cost
Property Ownership and Tenant Data $100/per month
Potholing At Cost
Outside Services (Vendors & Subconsultants) At Cost
MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 92 of 116 Thank you for reviewing our proposal!
Please contact:
Darcy Mendoza, SR/WA, R/W-NAC
Assistant Regional Manager | Epic Land Solutions, Inc.
(951) 321-4748
[email protected] &
[email protected]
Epic Land Solutions, Inc.
Riverside Regional Office
3850 Vine Street, Suite 200
Riverside, CA 92507
MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 93 of 116
CITY COUNCIL
AGENDA REPORT
DATE: AUGUST 21, 2023
SECTION: CONSENT - RESOLUTIONS
ITEM NO.: 1
FILE I.D.: GRT125
DEPT.: HUMAN SVCS./PUBLIC WORKS
PREPARER: A. COLUNGA
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 23–3418 AUTHORIZING THE
SUBMISSION OF AN APPLICATION FOR GRANT FUNDS FOR THE COMMUNITY
RESILIENCE CENTERS PROGRAM FROM THE STRATEGIC GROWTH COUNCIL AND AUTHORIZING THE EXECUTION OF APPLICATION–RELATED DOCUMENTS BY THE
CITY MANAGER OR THEIR DESIGNEE
REASON FOR CONSIDERATION: The City Council is requested to consider adoption of Resolution No. 23–3418 authorizing the submission of an application for grant funds for the Community Resilience Centers program from the Strategic Growth Council and authorizing the execution of application–related documents by the City Manager or their designee.
BACKGROUND: The California Strategic Growth Council (SGC) released a request for applications for Round 1 of the Community Resilience Centers (CRC) Program in May 2023. SGC received a $110 million General Fund appropriation in Fiscal Year (FY) 2022–23 to implement the program through the provision of grants, staff support, and third–party technical assistance. Of the total funds, $98.6 million will be available for Round 1 grants. SGC’s CRC program will fund planning, development, construction, and upgrades of neighborhood–level Community Resilience Centers to provide shelter and resources during climate and other emergencies, such as extreme heat events and poor air quality days. The program will also fund ongoing year–round community services and programs, such as food distribution and workforce development training, which build overall community resilience.
CRC Planning Grants are intended to help communities in initial stages of CRC project development by funding planning and pre–development, community engagement and coordination, site preparation, and other activities necessary to prepare for future CRC rounds of funding and other related funding opportunities. Planning Grant awards will range from $100,000 to $500,000 each, with a grant term of approximately two (2) years, with the option to extend on a case–by–case basis.
The City will work with an identified consultant to conduct community engagement and develop the Community Resilience Center Plan. This Plan will evaluate the most suitable location for the resilience center to best serve the community, including those disproportionately impacted by these climate threats.
FISCAL IMPACT: Adoption of proposed Resolution No. 23–3418 would have no direct fiscal impact on the City's General Fund at this time, but may result in the award of up to $500,000 for the development of the City’s Community Resilience Center Plan.
RECOMMENDATION: Staff recommends the City Council adopt Resolution No. 23–3418 authorizing the submission of an application for grant funds for the Community Resilience Centers program from the Strategic Growth Council and authorizing the execution of application–related documents by the City Manager or their designee.
MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 94 of 116 RESOLUTION NO. 23–3418
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MONTCLAIR AUTHORIZING THE SUBMISSION OF AN
APPLICATION FOR GRANT FUNDS FOR THE COMMUNITY
RESILIENCE CENTERS PROGRAM FROM THE CALIFORNIA
STRATEGIC GROWTH COUNCIL AND AUTHORIZING THE
EXECUTION OF APPLICATION–RELATED DOCUMENTS BY
THE CITY MANAGER OR HIS DESIGNEE
WHEREAS, the City of Montclair proposes to implement the Montclair Community Resilience Center Planning Project;
WHEREAS, the City of Montclair has the legal authority and is authorized to enter into a funding agreement with the State of California and the California Strategic Growth Council; and
WHEREAS, the City of Montclair intends to apply for the Planning grant funding from the California Strategic Growth Council’s Community Resilience Centers (CRC) Program for the Montclair Community Resilience Center Planning Project; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Montclair as follows:
1. That the City of Montclair City Manager or designee is hereby authorized and directed to prepare and file an application for funding with the California Strategic Growth Council and take such other actions as necessary or appropriate to obtain grant funding.
2. The City of Montclair City Manager or designee is hereby authorized and directed to execute the funding agreement with the California Strategic Growth Council and any amendments thereto.
3. The City of Montclair City Manager or designee is hereby authorized and directed to submit any required documents, invoices, and reports required to obtain grant funding.
APPROVED AND ADOPTED this XX day of XX, 20XX.
Mayor
ATTEST:
City Clerk
I, Andrea M. Myrick, City Clerk of the City of Montclair, DO HEREBY CERTIFY that Resolution No. 23–3418 was duly adopted by the City Council of the City of Montclair and was approved by the Mayor of said city at a regular meeting of said City Council held on this XX day of XX, 20XX, and that it was adopted by the following vote, to–wit:
AYES: XX
NOES: XX
ABSTAIN: XX
ABSENT: XX
Andrea M. Myrick
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 95 of 116
CITY COUNCIL
AGENDA REPORT
DATE: AUGUST 21, 2023
SECTION: BUSINESS ITEMS
ITEM NO.: A
FILE I.D.: CYC320
DEPT.: CITY MGR.
PREPARER: A. MYRICK
SUBJECT: CONSIDER PROVIDING DIRECTION TO STAFF RELATED TO A REQUEST BY THE
JEWISH FEDERATION OF THE GREATER SAN GABRIEL AND POMONA VALLEYS FOR
THE CITY COUNCIL TO ADOPT A RESOLUTION DENOUNCING ANTISEMITISM AND
ALL FORMS OF HATRED
REASON FOR CONSIDERATION: The City Council received a request from the Jewish Federation of the Greater San Gabriel and Pomona Valleys requesting the City Council adopt a resolution denouncing antisemitism and all forms of hatred.
BACKGROUND: The Jewish Federation of the Greater San Gabriel and Pomona Valleys (JF–SGPV) mailed letters to the Mayor and City Council of Montclair in March and June of 2023, requesting the City Council adopt a resolution condemning antisemitism and all forms of hatred. While a copy of the March letter could not be located, a copy of the letter dated June 29, 2023, is attached (Attachment 1).
At the City Council meeting on August 7, 2023, the City Council requested staff place this item on the agenda for discussion at the next Council Meeting.
Also provided as attachments to aid in the discussion are the following:
Letter from JF–SGPV Executive Director Jason Moss to a local newspaper published on June 10, 2023 (Attachment 2).
Article published July 9, 2023 in the Pasadena Star–News (Attachment 3). City of Ontario — Resolution No. 2023–054 condemning and rejecting antisemitism and supporting the International Holocaust Remembrance Alliance by affirming Ontario’s commitment to ensuring our community is a safe and welcoming place (Attachment 4).
City of Upland — staff report and resolution condemning hate crimes and any other forms of racism, religious or ethnic bias, discrimination, incitement of violence, or targeting a minority (Attachment 5).
City of Montclair — Resolution No. 21–3305 denouncing racism, xenophobia, violence, and intolerance against members of the Asian American and Pacific Islander communities in the United States, and affirming the City of Montclair’s commitment to the well–being and safety of all residents regardless of race, religion, national origin, disability, sex, gender expression, age, sexual orientation or military/veteran status (Attachment 6).
FISCAL IMPACT: No fiscal impact is anticipated.
RECOMMENDATION: Staff recommends the City Council provide direction to staff related to a request by the Jewish Federation of the Greater San Gabriel and Pomona Valleys for the City Council to adopt a resolution denouncing antisemitism and all forms of hatred.
MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 96 of 116 \
I
I
I
President
Julie Solberg
Vice President
David Levy
Chief Financial Officer
John Carlton*
Secretary
Julie Bank
Board of Governors
Mickey Bernath
AviBilu
Julie Gamberg
Lawrence Lurvey
Jeanine Mann
Stuart Miller*
Oran Reznik
• Past Federation President
Executive Director
Jason Moss, MSW, MAJCS
Program and Community
Outreach Director
Rebecca Russell
Cultural Arts
Program Coordinator
Cantor Judy Sofer
Operations and
Communications Manager
Karen Galeana
PJ Library and PJ OurWay
Program Coordinator
Debby Singer
Camp Gan Shalom Director
Annabella Tornek
June 29, 2023
Mayor Javier "John" Dutrey
City of Montclair
5111 Benito Street
Montclair, CA 91763
Dear Mayor Dutrey,
•
~ ~~~~~~l~.~ AND POMONA VALLEYS
In March, I sent you the enclosed letter, asking the City of Montclair to join our effort to combat antisemitism and all forms of hate. I sent similar letters to your fellow mayors who govern the 48 cities the Jewish Federation of the Greater San Gabriel and Pomona Valleys covers.
Since that time, the following cities have taken action, and I was invited to speak to their respective City Councils: Claremont, Upland, Monrovia, Alhambra, Sierra Madre, San Gabriel, Temple City, Pasadena, Whittier, Diamond Bar, Walnut, South Pasadena, and Ontario. And yet, I have not heard from your city. Now is the time.
In May, the White House launched its US National Strategy to Counter Antisemitism. This national approach to counter antisemitism is the first of its kind in the US and includes over 100 action steps that touch on all aspects of society and governmental agencies' involvement.
I am asking you and the City of Montclair to do your part and support this national strategy by publicly denouncing antisemitism and all forms of hatred and showing that these incidents taking place across the country do not reflect the values and ideals of your city and its citizens. Use YOUR voice to say that you are not okay with the climate of hatred in the US today and are committing the City of Montclair to do something about it by taking action.
I urge you to stand with us, and let's show people that antisemitism and all forms of hatred will not be tolerated or accepted in the entire greater San Gabriel and Pomona Valleys.
Resp live~
on Moss, MSW, MAJCS
xecutive Director
cc: Tenice Johnson, Mayor Pro Tern
Corysa Martinez, Council Member
Bill Ruh, Council Member
Benjamin "Ben" Lopez, Council Member
Edward C. Starr, City Manager
Serving the Greater San Gabriel and Pomona Valleys
114A W. Lime Avenue I Monrovia, CA 910161 626.445.0810 I Fax 626.445.5977 [email protected] www.jewishsgpv.org
ATTACHMENT 1 MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 97 of 116 ATTACHMENT 2 MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 98 of 116 Pasadena Star-News
Sunday, July 9, 2023 $2.50 FACEBOOK.COM/PASAOENASTARNEWS TWITTER.COM/PASSTARNEWS ANTISEMmSM ·.
Federation.
wants to
discuss
solidarity ..
The Jewish Federation of the
Greater San Gabriel and Pomona
Valleys wiU meet with city counc~l
By Georgia Viilldes
gooldeo@sc:ng;~pm
The Jewish Federation of the Greater San Cili·
briel and Pomona Valleys wm meet with Glendale's City Couqcil during its Julyll meeting to discuss solidarity with the organization's initt1·
tive against antisemitis1_11. . ~
Since March, t he Jewish Federation has sent
letters to mayors, city council members and ci'iy
managers of the 48 cities the organization cq,\1-
ers - between Glendale on the west to Ranclio
Cucamonga on the east and south to Whittier: The request? That they stand against hate jn the region. '
Five months later, some cities have aligne<t
with the cause, accol'ding to the organization~
'"fo build a coalition between the local gO)'·
ernmimt and the local nonprofit community is· a
very powerful opportunity to bring together ci~izens around a common goal of trying to do some· thing that people feel like individually, they ca.Ji't do anything about," said Jason Moss, e...:ecutive
director of the Greater San Gabriel and Pomoila
Valle}'S. "It becomes an official statement ... ~s
the opportunity for the cities to be part of a s{l·
lution to combat hate." :: According to the Anti-Defamation Leagu~ s latest audit on antisemitism, there was a 36_%
•
•
901.t11Uf l"IH •• 11u,t Wfo'IW\."" .,,...,. ,, " " ' ~· .. ~···•"'#> .,_ ,, J~~1sh
l'ROMPAGE3
open" by introducing the
city to the Hanukkah celebration through its story
•md songs. This year, the
Chabad House celebrated
inci·~ase in rcporled anti- Purim for the public to par· semitic incidents and at· ticipatc in the South Pasatac!is from 2021 to 2022, dena Librar;• Community along with n 4·1% increase Room.
in California. Moss added The Jewish Federation's
that the data does not out· initial letter outlined four line the full extent of this specific rtction steps each issue, as many incidents go ty'~ leadership should unreported. take:
"Perhaps it is t11c ehaug. • Sign lhc American
i ng political landscape, Jewish Committee and U.S.
howevt·r, that the Jcwisl1 ConferenceofMaiorsstate· leadership in our town is ment to combat antisemiheing recogni ?.ed for the . tismandjointhe morethan fi rst time and that by our 700 mayor:; nationally who
city joining against the an· already ha\•c done so.
tisemitism movement, it is • A~dopt the lnterna.- . ignal that being Jewish tional Holocaust Remem· is something to be proad brance Alliance working
of," said South Pasadena definition of antisemitism.
Mayor Pro Tern Evelyn which has been ado1>ted by
7.neimer. several governing bodies.
Zncimer added that she • Adopt a resolution de·
encourages neighboring nouncing antisemitism and
cities to join iu the effort all forms of hatred.
ag11,inst antisemitism as • Est<tblish a task force
South Pa.sarlena has done. of representatives from varin 2020. Zneimer was the ions targeted ethnic and rufi rsi Jewish cmmcilmem· cial groups to work with bcr lmd the ninth woman city offu::ials to develop a
elected si nee the city was plan to confront hatrt!tl.
ine'orporated 135 years The Jewish l'edcraago. She said she actively tion's action items paral- "brought closet Jews in the !el Joe Biden's administraAN ErnTJO.'I Ol'TllE IU:GISTEH pasadenastarnews.com ;
tion's National Strateg~· lo
Counter Antisemiti~m . announced May 25. The 100·
part stmtegy aims t.o "raise
awareness of antisemitism
and il s threat lo l\111erican
democracy, protect Jewish
communities, reverse the normalization of antis1"mi- tism, and build cross-com- munity solidarity;· Before the Jewish Federation initinl letter wa.~ sent
b;l(•k in March. only four local mayorli - Brea, Ch ino Hills, El Monte and South
mMonte - had signed onto
the statement. Since then,
Claremont, Upland, Monroviu, Alhambra, Sierra
Madre, San Gabriel, Temp1e City, Pasadena. Whittier, Diamond Bar. Walnut .
South l'asadi;;na, and On·
tario hav•· matte proclama·
lions.
"We love their presenec
in our community," said
Dylan Fcik, city manager of
Monrovia, where The Jewish l!ederation's headquarH-r a re located. "We benefit from the sen•ice and contributions of many Jewish families and commu· nil.Y members right here
in Monrovia - from City
boards and commissions
to our local workforce, our
Jewish community is essen· tial to th' thriving community we love. 11. was an easy decision for the CiW Council tn come 0111 in full ~up· port of a ri:gionttl and national effort to stop anti· semitism.
Roscmcad's city council will inclmle th<.' initla·
tive on its agenda l;tt\.•r this
month, accordin1: Lo Moss.
Ile stJessed the import.·mce
of collecth'e n.1'1 ion "against
all forms of hate."
L.A. Coumv's 2021 Hate
Crime Repo1·t noted 46% of
racially basell hatt nimes
targeted IllacJ• residents,
although they only make
up 9% of I he overall popu·
lation. Religion-based hate crimes jumped by 29 '6,
with 7-1·% of Lhc offenses t argeting Jews. Seventyfour percent uf hate crimes were of a violent nutnrc, the
highest percl!11tage in at
least 20 years. There were
41 anti-transgender ·rimes,
nearly tying t he largest
numher ever documented
and 93% of these crimes
were violent - a rate much
hip;her than rncial, sexual
orientation and religions attack·.
"We neetl all ies," Moss
said. "The stronger the coalition is, the stronger the message ru1d the stronger
the support. ·o that a ta rgeted grouµ does not feel
alone."
ATTACHMENT 3 MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 99 of 116
RESOLUTION NO. 2023-054
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO,
CALIFORNIA, CONDEMNING AND REJECTING ANTISEMITISM AND
SUPPORTING THE INTERNATIONAL HOLOCAUST REMEMBRANCE
ALLIANCE BY AFFIRMING ONTARIO' S COMMITMENT TO ENSURING OUR COMMUNITY IS A SAFE AND WELCOMING PLACE.
WHEREAS, the City of Ontario is committed to inclusion and advancement of diversity and equity for people of all races, ethnicities, national origins, religions, ages, genders, and backgrounds; and
WHEREAS, the City of Ontario takes great pride in diversity and respect for all people, and the Jewish community is an important part of the City's fabric, recognizing our diversity as a key strength for the City and our character; and WHEREAS, the City of Ontario supports national, state, and local government efforts directed at eradicating antisemitism and all forms of hatred, and supports expanded education programs, including Holocaust programs, to counter intolerance and discrimination; and
WHEREAS, the City of Ontario condemns antisemitism in all its forms, including:
hatred and prejudice directed towards Jewish community members; stereotypes or conspiracy theories about Jews; Holocaust denial or distortion, and; extremist indoctrination or recruitment related to any form of antisemitism; and WHEREAS, the City of Ontario affirms that hatred and bias in any form are not acceptable in our community; and
WHEREAS, any victims of antisemitism in the City of Ontario are urged to report any incidents — as hate crimes or bias-related events — so that local law enforcement can respond, track such incidents, and bring perpetrators to justice.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ontario as follows:
SECTION 1. That the City of Ontario condemns all forms of hate, racism, and violence perpetrated, tolerated, or encouraged by any group or individual.
SECTION 2. That the City of Ontario supports our Jewish community members and condemns racism, intolerance, hate, and violent attacks against them.
SECTION 3. That the City of Ontario recognizes the International Holocaust Remembrance Alliance' s ( IHRA) working definition of antisemitism as " a certain perception of Jews, which may be expressed as hatred towards Jews. Rhetorical and physical manifestations of antisemitism are directed toward Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions and religious facilities."
ATTACHMENT 4 MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 100 of 116 Resolution No. 2023-054
SECTION 4. That the City of Ontario will continue to work alongside the American Jewish Committee, the Anti- Defamation League, the United States Conference of Mayors, and Jewish Federation of the Greater San Gabriel and Pomona Valleys to combat and denounce antisemitism.
SECTION 5. The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this 20th day of June 2023.
AUL S. LEON, M O
ATTEST
SH ILA MAUT , CI CLE
APPROVED AS TO FORM:
BEST AEST& KRIEGER LLP
CITY ATTORNEY
ATTACHMENT 4 MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 101 of 116 Resolution No. 2023- 054
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
CITY OF ONTARIO
I, SHEILA MAUTZ, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Resolution No. 2023-054 was duly passed and adopted by the City Council of the City of Ontario at their regular meeting held June 20, 2023 by the following roll call vote, to wit:
AYES: MAYOR/COUNCIL MEMBERS: LEON, DORSIPORADA, WAPNER,
BOWMAN AND VALENCIA
NOES: COUNCIL MEMBERS: NONE
ABSENT. COUNCIL MEMBERS' NONE
A
HULA MAUTZ, CI
SEAL)
The foregoing is the original of Resolution No. 2023-054 duly passed and adopted by the Ontario City Council at their regular meeting held June 20, 2023.
SHEILA MAUTZ, 61' M( ELR19
SEAL)
ATTACHMENT 4 MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 102 of 116 DATE: March 13, 2023
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: KERI JOHNSON, CITY CLERK
SUBJECT: CONSIDER ADOPTION OF A RESOLUTION CONDEMNING HATE CRIMES AND ANY
OTHER FORM OF RACISM, RELIGIOUS OR ETHNIC BIAS, DISCRIMINATION,
INCITEMENT OF VIOLENCE, OR TARGETING A MINORITY
RECOMMENDED ACTION:
It is recommended that the City Council adopt a Resolution condemning hate crimes and any other form of racism, religious, or ethnic bias, discrimination, incitement of violence, or targeting a minority.
GOAL STATEMENT
The proposed action supports the City’s goal to create a safe and inclusive community where all individuals are treated with dignity and respect, free from the harmful effects of racism and discrimination.
BACKGROUND
The Upland community has been subjected to hate incidents, including the distribution of hateful flyers targeting the Jewish community. The flyer's hateful message has triggered a community conversation about Upland's values and commitment to diversity, human rights, and civility. Upland is not the only community to have received these flyers.
Residents in the cities of Claremont and Rancho Cucamonga have also received the flyers, which illustrate a growing trend of hate incidents seen in communities regionally and across the State.
ISSUES AND ANALYSIS
At the meeting of February 27, 2023, the City Council discussed condemning hate crimes and any other form of racism, religious, or ethnic bias, discrimination, incitement of violence, or targeting a minority. The City Council expressed their desire to adopt a resolution denouncing any form of prejudice or bigotry based on race, ethnicity, religion, gender, sexual orientation, or any other characteristic.
The Council directed staff to prepare the proposed resolution which is attached for consideration and adoption.
ENVIRONMENTAL DETERMINATION
Not a project.
FISCAL IMPACTS
There is no fiscal impact associated with this action.
ALTERNATIVES
Provide alternative direction to staff.
CEQA: Not a Project.
ATTACHMENT 5 MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 103 of 116 RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UPLAND, CALIFORNIA, CONDEMNING HATE CRIMES AND
ANY OTHER FORM OF RACISM, RELIGIOUS OR ETHNIC
BIAS, DISCRIMINATION, INCITEMENT OF VIOLENCE, OR
TARGETING A MINORITY
WHEREAS, the City of Upland wishes to ensure that Upland is a desirable place to live, work, play, and do business; and
WHEREAS, the City of Upland values and fosters inclusivity, diversity, equity, and acceptance; and
WHEREAS, the City of Upland condemns hate crimes and any other form of racism, religious, or ethnic bias, discrimination, incitement of violence, or targeting any minority; and
WHEREAS, the City Council denounces any form of prejudice or bigotry based on race, ethnicity, religion, gender, sexual orientation, or any other characteristic.
WHEREAS, in the past several years, violent crimes, threats of violence, targeting of religious, racial, and ethnic minorities have increased across the United States; and
WHEREAS, Upland is not immune to the increases in hate crimes, with recent incidents highlighting this alarming trend; and
WHEREAS, the Upland City Council wishes to promote an atmosphere of acceptance, tolerance, and respect in the community.
NOW, THEREFORE, the City Council of the City of Upland hereby finds, determines and resolves as follows:
Section 1. The Upland City Council rejects hate-motivated acts as an attack on the values of our society and the fundamental tenants of the Unites States Constitution.
Section 2. The Upland City Council affirms the basic rights of all people to live in a safe environment free from discrimination, intimidation, threats, or fear.
Section 3. The City of Upland will investigate all credible reports of hate crimes and incidents and threats against minorities and hold perpetrators of those crimes, incidents, and threats accountable.
Section 4. The City Council calls upon all Upland residents to speak out against acts of hate, bullying, discrimination, and violence.
Section 5. Compliance with California Environmental Quality Act. The City Council finds that this Resolution is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct ATTACHMENT 5 MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 104 of 116 or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, if the activity is deemed a project this City Council finds that this Resolution is exempt pursuant to Section 15061(b)(3) of the State CEQA Guidelines.
Section 6. Certification. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
Section 7. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.
Section 8. Effective Date. This Resolution shall become effective immediately.
PASSED, APPROVED and ADOPTED this 13th day of March, 2023.
Bill Velto, Mayor
I, Keri Johnson, City Clerk of the City of Upland, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 13th day of March, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
ATTEST:
Keri Johnson, City Clerk
ATTACHMENT 5 MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 105 of 116 ATTACHMENT 6 MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 106 of 116 ATTACHMENT 6 MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 107 of 116 ATTACHMENT 6 MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 108 of 116 Personnel Committee Minutes – August 7, 2023 Page 1 of 1
MINUTES OF THE MEETING OF THE MONTCLAIR
PERSONNEL COMMITTEE HELD ON MONDAY,
AUGUST 7, 2023, AT 6:00 P.M. IN THE CITY
ADMINISTRATIVE OFFICES, 5111 BENITO STREET,
MONTCLAIR, CALIFORNIA
I. CALL TO ORDER
Mayor Pro Tem Johnson called the meeting to order at 6:00 p.m.
II. ROLL CALL
Present: Mayor Pro Tem Johnson, Council Member Ruh, City Manager Starr, and Assistant City Manager/Director of
Human Services Richter
III. APPROVAL OF MINUTES
A. Minutes of the Regular Personnel Committee Meeting of July 17, 2023.
Moved by Council Member Ruh, seconded by Mayor Pro Tem
Johnson, and carried unanimously to approve the minutes of the Personnel Committee meeting on July 17, 2023.
IV. PUBLIC COMMENT – None
V. CLOSED SESSION
At 6:01 p.m., the Personnel Committee went into Closed Session regarding personnel matters related to appointments, resignations/ terminations, and evaluations of employee performance.
At 6:25 p.m., the Personnel Committee returned from Closed Session.
Mayor Pro Tem Johnson stated that no announcements would be made at this time.
VI. ADJOURNMENT
At 6:25 p.m., Mayor Pro Tem Johnson adjourned the Personnel Committee.
Submitted for Personnel Committee approval,
Edward C. Starr
City Manager
MONTCLAIR CITY COUNCIL MEETING – 08/21/2023 Page 109 of 116
PENDING
APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – August 7, 2023 Page 1 of 7
MINUTES OF THE REGULAR JOINT MEETING OF THE MONTCLAIR
CITY COUNCIL, SUCCESSOR AGENCY AND MONTCLAIR HOUSING
CORPORATION BOARDS, MONTCLAIR HOUSING AUTHORITY
COMMISSION, AND MONTCLAIR COMMUNITY FOUNDATION
BOARD HELD ON MONDAY, AUGUST 7, 2023, AT 7:00 P.M. IN THE CITY COUNCIL CHAMBERS, 5111 BENITO STREET, MONTCLAIR,
CALIFORNIA
I. CALL TO ORDER
Mayor/Chair Dutrey called the meeting to order at 7:02 p.m.
II. INVOCATION
Father Remi, Our Lady of Lourdes Parish Catholic Church, gave the invocation.
III. PLEDGE OF ALLEGIANCE
Council Member/Director Ruh led meeting participants in the Pledge.
IV. ROLL CALL
Present: Mayor/Chair Dutrey; Mayor Pro Tem/Vice Chair Johnson; Council Members/Directors Ruh, Lopez, and Martinez
City Manager/Executive Director Starr; Assistant City Manager/ Director of Human Services Richter; Director of Finance Kulbeck; Director of Community Development Diaz; Director of Public Works/City Engineer Heredia; Acting Police Chief Reed; City Attorney Robbins; City Clerk Myrick
V. PRESENTATIONS
A. Southern California Edison Wildfire Mitigation Efforts Presentation Melissa Boyd, Government Relations Manager for Southern California Edison, gave a PowerPoint presentation titled Our Commitment to California: Keeping Our Communities Safe from Wildfires, which gave an update on SCE’s efforts to reduce wildfire risk in the community.
VI. PUBLIC COMMENT
Ruby Long, Field Representative for San Bernardino County Fourth District Supervisor Curt Hagman, announced the County’s Land Use Services Department would be holding an open house event at the Chino Hills Library on August 9th, where County representatives can answer questions regarding: building permits, land use, plan checks, zoning, and code enforcement. Supervisor Hagman’s office will also host a free document shredding event at Memorial Park in Upland from 9:00 a.m. to noon on September 30th.
Joan Lindhorst, resident, commended the fast response from Code Enforcement after she spoke at the last meeting voicing her concerns. Bill Kaufman, expressed frustration that the City continues to prevent his efforts to open a cannabis dispensary in the City.
Herman Janssen expressed support for Bill Kaufman operating a cannabis dispensary in the City.
Kiara Valdez, thanked the City Council on behalf of Safe Routes to School Ontario and Montclair for repairing side walks around schools, adding flashing stop signs, and understanding the importance of keeping students safe in the City.
VII. PUBLIC HEARINGS — None
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Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – August 7, 2023 Page 2 of 7 VIII. CONSENT CALENDAR
Mayor Dutrey pulled Item B–2 from the Consent Calendar for discussion.
ACTION – Consent Calendar
ACTING: City Council
Successor Agency Board
Montclair Housing Corporation Board
Montclair Housing Authority Commissioners
Montclair Community Foundation Board
MOTION: Remove Item B–2; amend action for Item C–1; and approve the remainder of the Consent Calendar, as presented.
MADE BY:
SECOND BY:
Council Member/Director Ruh
Mayor Pro Tem/Vice Chair Johnson
AYES:
NOES:
ABSTAIN:
ABSENT:
Lopez, Martinez, Ruh, Johnson, Dutrey
None
None
None
RESULT: Motion carried 5–0.
A. Approval of Minutes
1. Adjourned Meeting — June 22, 2023
ACTION – Consent Calendar – Item A–1
ACTING: City Council
Montclair Housing Corporation Board
RESULT: Approved on Consent Calendar; motion carried 5–0.
2. Special Meeting — June 29, 2023
ACTION – Consent Calendar – Item A–2
ACTING: City Council
Montclair Housing Corporation Board
RESULT: Approved on Consent Calendar; motion carried 5–0.
3. Regular Joint Meeting — July 17, 2023
ACTION – Consent Calendar – Item A–3
ACTING: City Council
Successor Agency Board
Montclair Housing Corporation Board
Montclair Housing Authority Commissioners
Montclair Community Foundation Board
RESULT: Approved on Consent Calendar; motion carried 5–0.
B. Administrative Reports
1. Consider Approval of City Warrant Register and Payroll Documentation
ACTION – Consent Calendar – Item B–1
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.
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1. Consider Approval of Agreement No. 23–51 with Christian Development Center to Provide Case Management Services for the City’s Homeless Outreach and Assistance Program, Subject to Any Revisions Deemed Necessary by the City Attorney
ACTION – Consent Calendar – Item C–1
ACTING: City Council
MOTION: Approve with requirement that CDC provides
ongoing reporting to City staff.
MADE BY:
SECOND BY:
Council Member Ruh
Mayor Pro Tem Johnson
RESULT: Approved on Consent Calendar; motion carried 5–0.
2. Consider Approval of Agreement No. 23–56 with Revenue and Cost Specialists, LLC (RCS) to Conduct a Development Impact Fee Nexus Study, Subject to Any Revisions Deemed Necessary by the City Attorney
ACTION – Consent Calendar – Item C–2
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.
3. Consider Approval of Agreement No. 23–57 with Mobile Screening Solutions for Department of Transportation (DOT) Random Employee Drug and Alcohol Screening Services
Council Member Lopez received clarification from City Manager Starr on the types of positions that would be tested, what they would be tested for, and the outcomes of failed tests.
ACTION – Consent Calendar – Item C–3
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.
4. Consider Approval of Agreement No. 23–58 Amending
Agreement No. 06–175 with the County of San Bernardino for the Lease of a City–Owned Facility to Provide County Library Services, Subject to Any Revisions Deemed Necessary by the City Attorney
ACTION – Consent Calendar – Item C–4
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.
D. Resolutions
1. Consider Adoption of Resolution No. 23–3413 Authorizing Placement of Assessments on Certain Properties for
Delinquent Sewer and Trash Accounts
ACTION – Consent Calendar – Item D–1
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.
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2. Consider Adoption of Resolution No. 23–3416 Declaring that Certain Real Property Located at 9729 Ramona Avenue,
Montclair, is Exempt Surplus Land Pursuant to Government Code Section 54221 and Finding that Such Declaration is Exempt from Environmental Review Under the California
Environmental Quality Act
Consider Adoption of Resolution No. 23–3417 Approving
Agreement No. 23–59, an Affordable Housing Agreement
with the Montclair Housing Authority and the Montclair
Housing Corporation; Authorizing the Transfer of 9729
Ramona Avenue, Montclair, to the Montclair Housing
Authority for Use as Affordable Housing Units
Council Member Lopez received clarification that those who qualify for Section 8 housing can apply to rent this unit.
ACTION – Consent Calendar – Item D–2
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.
Consider Adoption of MHC Resolution No. 23–04 Approving Agreement No. 23–59, an Affordable Housing Agreement
with the City of Montclair and the Montclair Housing
Authority
ACTION – Consent Calendar – Item D–2
ACTING: Montclair Housing Corporation Board
RESULT: Approved on Consent Calendar; motion carried 5–0.
Consider Adoption of MHA Resolution No. 23–03 Approving Agreement No. 23–59, an Affordable Housing Agreement
with the City of Montclair and the Montclair Housing
Corporation, and Accepting the Transfer of Certain Real Property from the City of Montclair
Consider Authorizing a $20,000 Appropriation from the
Housing Trust Fund for Rehabilitation of the Property
Located at 9729 Ramona Avenue, Montclair
ACTION – Consent Calendar – Item D–2
ACTING: Montclair Housing Authority Commissioners
RESULT: Approved on Consent Calendar; motion carried 5–0.
IX. PULLED CONSENT CALENDAR ITEMS
B. Administrative Reports
2. Consider Implementing a Temporary, 18–Month Montclair Hiring Bonus Incentive Program Focusing on Recruitment of Lateral Police Officers and Police Officer Trainees Funded by Personnel Savings in the Montclair Police Department
Budget Related to Current Police Officer Classification Vacancies
Consider Authorizing the Following Elements of the
Montclair Hiring Bonus Incentive Program: a Lateral Police Officer Hiring Incentive Bonus Program, Providing a $30,000 Bonus to Each New Hire; a Police Officer Trainee Hiring Incentive Bonus Program, Providing a $10,000 Bonus to Each Newly Hired, Unsponsored Police Academy Trainee; and a
Montclair Employee Police Recruitment Referral Bonus
Program, Which May be Terminated at Any Time Prior to the End of the 18–Month Montclair Hiring Bonus Incentive
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Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – August 7, 2023 Page 5 of 7 Program, Providing a $2,500 Bonus to Each City of Montclair Employee Referring a Person who is Successfully Hired and Completes Probation as a Montclair Police Officer
Consider Authorizing the City Manager to Make Adjustments and Modifications to the Montclair Hiring Bonus Incentive Program, and to the Amount of the Hiring Incentive Bonus on a Case–By–Case Basis, Subject to Approval by the Montclair Personnel Committee to Ensure Success of the
Program
Bruce Culp, resident, spoke in support of the program. He suggested hiring incentive bonuses be offered for all positions because he believes attracting and retaining good employees in all departments is important to the City functioning well.
Council Member Lopez stated he would be in favor of increasing the bonus incentive amount higher than the current amounts, noting the average cost to train a new officer is $198,538 from hiring to completion of probation. He requested the City Council have authority to make changes to the program if necessary, rather than the Personnel Committee.
Council Member Ruh expressed reluctant support of the
program, stating his concern that this type of program will lead to a competition with other agencies for providing the largest bonus.
Council Members Martinez and Johnson spoke in support of the program and other efforts to fully staff the Police Department.
Mayor Dutrey emphasized the importance of Public Safety to the community, especially now with the effects of the Great Resignation being felt, and agreed the City Council should have the authority to amend the program.
ACTION – Consent Calendar – Item B–2
ACTING: City Council
MOTION: Take recommended actions, with the following
change: Subject to Approval by the Montclair
Personnel Committee City Council to Ensure
Success of the Program
MADE BY:
SECOND BY:
Council Member Lopez
Council Member Martinez
AYES:
NOES:
ABSTAIN:
ABSENT:
Lopez, Martinez, Ruh, Johnson, Dutrey
None
None
None
RESULT: Motion carried 5–0.
X. COMMUNICATIONS
A. Department Reports
1. Human Services Department — Upcoming Events & Programs Assistant City Manager/Director of Human Services Richter provided information on upcoming programs and events: Youth Volleyball registration is open from August 7th to the 25th for girls and boys from 5th to 8th grades; Montclair Youth Center will be open Monday through Friday beginning August 9th; Montclair After–School Program begins on August 9th, and registration can be done online; a Food Distribution event will be held in the Community Center on August 17th, and Feeding America will host another on August 23rd in the Recreation Center Courtyard.
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2. Police Department— National Night Out
Acting Chief Reed reported on the success of the City’s National Night Out event that was held on August 1st. He stated over 400 attended and the Department made valuable connections with the community, potentially inspiring children who may become the law enforcement professionals of the future.
B. City Attorney
City Attorney Robbins requested the City Council meet in closed session concerning the following:
1. Request for City Council to Meet in Closed Session Pursuant to Government Code §54956.9(d)(1) Regarding Pending
Litigation
Godoy v. City of Montclair
City Attorney Robbins pulled the following from the agenda, stating there is no longer a need to discuss in closed session:
2. Request for City Council to Meet in Closed Session Pursuant to Government Code Section 54957.6 Regarding Conference with Designated Labor Negotiator Edward C. Starr
Agency: City of Montclair
Employee Management
Associations: Montclair City Confidential Employees Association Montclair General Employees Association
Montclair Fire Fighters Association
Montclair Police Officers Association
C. City Manager/Executive Director — None
D. Mayor/Chair
Mayor/Chair Dutrey made the following comments:
1. He stated tonight’s meeting would be adjourned in memory of the victims of the helicopter crash that occurred in Cabazon:
California Department of Forestry and Fire Protection (CAL FIRE) Assistant Chief Josh Bischof and Captain Tim
Rodriguez, and pilot Tony Sousa. He added the meeting would also be adjourned in memory of Americo “Nick” Manuel Luis, a longtime Montclair resident. He expressed condolences to the families and friends of these individuals.
2. He noted that the flashing stop signs recently installed throughout the City are getting overwhelmingly positive feedback from the community.
3. He commended staff for addressing the concerns brought up at the July 17th meeting regarding Brooks Street and the
Community Garden.
4. He recognized the following upcoming notable dates: Victory in Japan Day (August 15th) and Women’s Equality Day (August 26th).
E. Council Members/Directors
1. Council Member/Director Martinez encouraged senior residents who are 65 or older and struggling financially to contact the Finance Department about receiving discounted trash services.
2. Mayor Pro Tem/Vice Chair Johnson requested an update on improvements planned for Alma Hofman, Saratoga, and Sunset Parks. City Manager Starr advised that they are waiting for information for the Parks Master Plan Update in order to move forward with determining park improvements, and that some supplies needed for repairs at Alma Hofman Park are not available due to a supply chain shortage.
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3. Council Member/Director Lopez updated the community on the current status of the I–10 freeway construction, stating the Express Lanes are 75 percent completed. He brought to
Council’s attention a July 17th letter from the Jewish
Federation requesting a resolution condemning antisemitism and all forms of hate, and recommended the Council adopt a resolution such as those adopted by neighboring cities.
ACTION
ACTING: City Council
MOTION: Place on the August 21, 2023 City Council meeting agenda for discussion, a request from the Jewish
Federation for a resolution condemning
antisemitism and all forms of hate.
MADE BY:
SECOND BY:
Mayor Dutrey
Council Member Lopez
RESULT: Motion carried 5–0.
4. Council Member/Director Ruh emphasized the importance for children to exit cars from the curbside of a vehicle, and not the street side, so that they can get to school safely. He suggested the City send a letter of support for the Housing Trust Fund to the office of Senator Susan Rubio, since her previous bill was not successful. He stated he will be donating a full set of educational books to the Montclair After–School Program.
F. Committee Meeting Minutes
The following committee minutes were received and filed for informational purposes:
1. Public Works Committee – June 15, 2023
2. Personnel Committee – July 17, 2023
XI. CLOSED SESSION
At 8:52 p.m., the City Council went into closed session to discuss pending litigation.
XII. CLOSED SESSION ANNOUNCEMENTS
At 9:05 p.m., the City Council returned from closed session. Mayor Dutrey announced that the City Council met in closed session to discuss pending litigation; information was received and direction given to staff on the item; and no further announcements would be made at this time.
XIII. ADJOURNMENT
At 9:06 p.m., the City Council, Successor Agency Board, Montclair Housing Corporation Board, Montclair Housing Authority Commission, and Montclair Community Foundation Board were adjourned.
Submitted for City Council/Successor Agency Board/Montclair Housing Corporation Board/ Montclair Housing Authority
Commission/Montclair Community Foundation Board approval,
Andrea Myrick,
City Clerk
The meeting was adjourned in memory of Americo “Nick” Manuel Luis, CAL FIRE Assistant Chief Josh Bischof and Captain Tim Rodriguez, and pilot Tony Sousa.
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