Montclair City Council
February 20, 2024

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
Tuesday, February 20, 2024
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
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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. Introduction of Promoted Police Department Employee
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 submitted a Speaker Card to speak on an item that does appear on the agenda, the presiding officer will be notified by the City Clerk and 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 – 02/05/2024 Page 1 of 51 Page No.

VII. PUBLIC HEARINGS
A. Consider Continuing First Reading of Ordinance No. 24–1007 Amending Title 11 of the Montclair Municipal Code Relating to Urban Lot Splits and Two– Unit Projects in the R–1 Single–Family Residential Zones Within City Limits (Case No. 2023–37) to Monday, March 4, 2024, at 7:00 p.m. in the City Council Chambers [CC] 4
VIII. CONSENT CALENDAR
A. Approval of Minutes

1. Special Meeting — January 16, 2024 [CC] 41

2. Regular Joint Meeting — February 5, 2024 [CC/SA/MHC/MHA/MCF] 42 B. Administrative Reports

1. Consider Receiving and Filing of Treasurer’s Report [CC] 5

2. Consider Approval of Warrant Register & Payroll Documentation [CC] 6

3. Consider Receiving and Filing of Treasurer’s Report [SA] 7

4. Consider Approval of Warrant Register [SA] 8

5. Consider Receiving and Filing of Treasurer’s Report [MHC] 9

6. Consider Approval of Warrant Register [MHC] 10

7. Consider Receiving and Filing of Treasurer’s Report [MHA] 11

8. Consider Approval of Warrant Register [MHA] 12

9. Consider Declaring a 2000 Chevrolet S–10 Blazer (Unit 223) and a 2003 Honda CRV (Unit 204) as Surplus Vehicles Available for Parts or for Sale at Auction [CC] 13

10. Consider Approval of Parcel Map No. 20393 Located on the North Side of Mission Boulevard Approximately 250 Feet East of Monte Vista Avenue [CC] Consider Authorizing Parcel Map No. 20393 to be Recorded with the Office of the San Bernardino County Recorder, Subject to Final Approval by the City Engineer [CC] 14
C. Agreements

1. Consider Approval of Agreement No. 24–17 with the United States Marshals Service to Assign One Montclair Police Department Officer to its Pacific Southwest Regional Fugitive Task Force
Consider Authorizing Police Chief Jason Reed to Sign Said Agreement [CC] 19 MONTCLAIR CITY COUNCIL MEETING – 02/05/2024 Page 2 of 51 Page No.

2. Consider Authorizing Task Order No. 1 Pursuant to Agreement No. 23– 67 with Epic Land Solutions to Provide Administrative Right–of–Way Services Related to Easement Acquisitions Along the San Antonio Creek Channel [CC]
Consider Authorizing a $965,475 Allocation from 2021 Lease Revenue Bond Funds for Costs Associated with the Task Order and Acquisition of Easement Rights [CC] 26
D. Resolutions — None
IX. PULLED CONSENT CALENDAR ITEMS
X. COUNCIL WORKSHOP
A. Police Department Update
(The City Council may consider continuing this item to an adjourned meeting on Monday, March 4, 2024, at 5:45 p.m. in the City Council Chambers) XI. COMMUNICATIONS
A. Department Reports

1. Public Works — Upcoming Tree Planting Events
B. City Attorney
C. City Manager/Executive Director
D. Mayor/Chairperson
E. Council Members/Directors
F. Committee Meeting Minutes (for informational purposes only)

1. Personnel Committee Meeting — February 5, 2024 [CC] 40 XII. ADJOURNMENT
The next regular joint meeting of the City Council, Successor Agency Board, Montclair Housing Corporation Board, Montclair Housing Authority Commission, and Montclair Community Foundation Board will be held on Monday, March 4, 2024 at 7:00 p.m.

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

If you need special assistance to participate in this meeting, 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, February 15, 2024.

MONTCLAIR CITY COUNCIL MEETING – 02/05/2024 Page 3 of 51

CITY COUNCIL

AGENDA REPORT
DATE: FEBRUARY 20, 2024
SECTION: PUBLIC HEARINGS
ITEM NO.: A
FILE I.D.: CDV110
DEPT.: COMMUNITY DEV.

PREPARER: M. DIAZ
SUBJECT: CONSIDER CONTINUING FIRST READING OF ORDINANCE NO. 24–1007 AMENDING TITLE 11 OF THE MONTCLAIR MUNICIPAL CODE RELATING TO URBAN LOT SPLITS AND TWO–UNIT PROJECTS IN THE R–1 SINGLE–FAMILY RESIDENTIAL ZONES WITHIN CITY LIMITS (CASE NO. 2023–37) TO MONDAY, MARCH 4, 2024, AT 7:00 P.M. IN

THE CITY COUNCIL CHAMBERS
REASON FOR CONSIDERATION: City Council action is required to amend the Montclair Municipal Code (MMC). Proposed Ordinance No. 24–1007 would make changes to the MMC and establish local regulations in compliance with Government Code sections 66411.7 and 65852.21, also known as California Senate Bill 9 (“SB 9”), mandating the ministerial approval of Urban Lot Splits and Two–Unit Projects.

Staff is requesting the City Council continue the item to its next regularly scheduled meeting on Monday, March 4, 2024, to enable staff additional time to complete refinements to the proposed ordinance. Since this item was advertised as a public hearing, the City Council is requested to open the public hearing to receive any public testimony, then consider the request for continuation of the first reading of the Ordinance.

FISCAL IMPACT: Continuing the hearing to March 4, 2024, would have no fiscal impact.

RECOMMENDATION: Staff recommends the City Council continue first reading of Ordinance No. 24–1007 amending Title 11 of the Montclair Municipal Code, relating to Urban Lot Splits and Two–Unit Projects in the R–1 Single–family Residential zones within City limits (Case No. 2023–37) to Monday, March 4, 2024, at 7:00 p.m. in the City Council Chambers.

MONTCLAIR CITY COUNCIL MEETING – 02/05/2024 Page 4 of 51

CITY COUNCIL

AGENDA REPORT
DATE: FEBRUARY 20, 2024
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 1
FILE I.D.: FIN520
DEPT.: FINANCE
PREPARER: J. KULBECK
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The City Council is requested to consider receiving and filing the City of Montclair Treasurer's Report for the month ending January 31, 2024.

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

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

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

MONTCLAIR CITY COUNCIL MEETING – 02/05/2024 Page 5 of 51

CITY COUNCIL

AGENDA REPORT
DATE: FEBRUARY 20, 2024
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 2
FILE I.D.: FIN540
DEPT.: FINANCE
PREPARER: A. VONG/V. FLORES
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTER AND PAYROLL DOCUMENTATION REASON FOR CONSIDERATION: The City Council is requested to consider approval of the Warrant Register and Payroll Documentation.

BACKGROUND: Mayor Pro Tem Johnson has examined the Warrant Register dated February 20, 2024; and the Payroll Documentation dated January 28, 2024, and recommends their approval.

FISCAL IMPACT: The Warrant Register dated February 20, 2024, totals $2,269,494.22.

The Payroll Documentation dated January 28, 2024, totals $859,719.96 gross, with $614,715.32 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 – 02/05/2024 Page 6 of 51

CITY COUNCIL

AGENDA REPORT
DATE: FEBRUARY 20, 2024
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 3
FILE I.D.: FIN510
DEPT.: SA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The City Council acting as Successor to the Redevelopment Agency Board of Directors (Successor Agency Board) is requested to consider receiving and filing the Successor to the Redevelopment Agency Treasurer's Report for the month ending January 31, 2024, pursuant to state law.

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

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

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

MONTCLAIR CITY COUNCIL MEETING – 02/05/2024 Page 7 of 51

CITY COUNCIL

AGENDA REPORT
DATE: FEBRUARY 20, 2024
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 4
FILE I.D.: FIN530
DEPT.: SA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTER
REASON FOR CONSIDERATION: The City Council acting as Successor to the Redevelopment Agency Board of Directors is requested to consider receiving and filing the Successor to the Redevelopment Agency Warrant Register for the month ending January 31, 2024, pursuant to state law.

BACKGROUND: Vice Chair Johnson has examined the Successor to the Redevelopment Agency Warrant Register dated 01.01.24-01.31.24 in the amounts of $4,897.22 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 January 31, 2024.

MONTCLAIR CITY COUNCIL MEETING – 02/05/2024 Page 8 of 51

CITY COUNCIL

AGENDA REPORT
DATE: FEBRUARY 20, 2024
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 5
FILE I.D.: FIN525
DEPT.: MHC
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The Montclair Housing Corporation Board of Directors is requested to receive and file the Montclair Housing Corporation Treasurer's Report for the month ending January 31, 2024, pursuant to state law.

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

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

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

MONTCLAIR CITY COUNCIL MEETING – 02/05/2024 Page 9 of 51

CITY COUNCIL

AGENDA REPORT
DATE: FEBRUARY 20, 2024
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 6
FILE I.D.: FIN545
DEPT.: MHC
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTER
REASON FOR CONSIDERATION: The Montclair Housing Corporation Board of Directors is requested to consider receiving and filing the Warrant Register for the month ending January 31, 2024, pursuant to state law.

BACKGROUND: Vice Chair Johnson has examined the Warrant Register dated 01.01.24–

01.31.24 in the amount of $144,661.13 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 January 31, 2024.

MONTCLAIR CITY COUNCIL MEETING – 02/05/2024 Page 10 of 51

CITY COUNCIL

AGENDA REPORT
DATE: FEBRUARY 20, 2024
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 7
FILE I.D.: FIN525
DEPT.: MHA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The Montclair Housing Authority Commission is requested to receive and file the Montclair Housing Authority Treasurer's Report for the month ending January 31, 2024, pursuant to state law.

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

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

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

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CITY COUNCIL

AGENDA REPORT
DATE: FEBRUARY 20, 2024
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 8
FILE I.D.: FIN545
DEPT.: MHA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTER
REASON FOR CONSIDERATION: The Montclair Housing Authority Commission is requested to consider receiving and filing the Warrant Register for the month ending January 31, 2024, pursuant to state law.

BACKGROUND: Vice Chair Johnson has examined the Warrant Register dated 01.01.24–

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

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

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

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CITY COUNCIL

AGENDA REPORT
DATE: FEBRUARY 20, 2024
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 9
FILE I.D.: VEH125
DEPT.: PUBLIC WORKS
PREPARER: M. LAWRENCE
SUBJECT: CONSIDER DECLARING A 2000 CHEVROLET S–10 BLAZER (UNIT 223) AND A 2003 HONDA CRV (UNIT 204) AS SURPLUS VEHICLES AVAILABLE FOR PARTS OR FOR SALE

AT AUCTION
REASON FOR CONSIDERATION: The City Council is requested to consider declaring a 2000 Chevrolet S–10 Blazer (Unit 223) and a 2003 Honda CRV (Unit 204) as surplus vehicles available for parts or for sale at auction.

BACKGROUND: The 2000 Chevy Blazer (Unit 223) and 2003 Honda CRV (Unit #204) are out of commission due to the need of major repairs. Unit 223 has developed a severe engine oil leak that would require engine removal and interior repair that needs replacement due to sun exposure. Unit 204 has electrical system issues and high mileage that would not make the vehicle feasible to repair.

Year and Model Unit No. Mileage VIN Estimated Value
2000 Chevrolet Blazer 223 51,635 1GNCS13W9Y2374787 $1,000 2003 Honda CRV 204 88,826 1JHLRD68493C005340 $1,000
FISCAL IMPACT: Staff estimates the City could receive up to $2,000 dollars for declaring Units 223 and 204 as surplus and auctioning the vehicles.

RECOMMENDATION: Staff recommends the City Council declare a 2000 Chevrolet S–10 Blazer (Unit 223) and a 2003 Honda CRV (Unit 204) as surplus vehicles available for parts or for sale at auction.

MONTCLAIR CITY COUNCIL MEETING – 02/05/2024 Page 13 of 51

CITY COUNCIL

AGENDA REPORT
DATE: FEBRUARY 20, 2024
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 10
FILE I.D.: LDU350
DEPT.: PUBLIC WORKS
PREPARER: M. HEREDIA
SUBJECT: CONSIDER APPROVAL OF PARCEL MAP NO. 20393 LOCATED ON THE NORTH SIDE OF MISSION BOULEVARD APPROXIMATELY 250 FEET EAST OF MONTE VISTA AVENUE CONSIDER AUTHORIZING PARCEL MAP NO. 20393 TO BE RECORDED WITH THE

OFFICE OF THE SAN BERNARDINO COUNTY RECORDER, SUBJECT TO FINAL

APPROVAL BY THE CITY ENGINEER
REASON FOR CONSIDERATION: Land subdivisions, including parcel maps and tract maps, are allowed by the Subdivision Map Act, subject to City Council approval. The City Council is requested to consider approval of Parcel Map No. 20393 located on the north side of Mission Boulevard approximately 250 feet east of Monte Vista Avenue, and authorize the recordation of the parcel map with the Office of the San Bernardino County Recorder subject to final approval by the City Engineer.

BACKGROUND: On April 25, 2022, the City Council adopted Resolution No. 22–1965, approving Tentative Parcel Map No. 20393, located on the north side of Mission Boulevard approximately 250 feet east of Monte Vista Avenue. The parcel map consolidates three existing parcels on the project site into one parcel. This 5.13–acre project site will be developed as a 115,350–square–foot industrial warehouse building with associated site improvements. Construction activities for the project consist of demolishing a freestanding 8,500–square–foot building, grading, building construction, undergrounding, paving, and landscaping. The site will connect to the existing sanitary sewer system on Mission Boulevard. The existing utility poles and overhead wires on the site and street frontage will be removed.

FISCAL IMPACT: Approval of Parcel Map No. 20393 will create an unknown but positive fiscal impact to the City through increased property values and sales taxes.

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

1. Approve Parcel Map No. 20393 located on the north side of Mission Boulevard approximately 250 feet east of Monte Vista Avenue.

2. Authorize Parcel Map No. 20393 to be recorded with the Office of the San Bernardino County Recorder, subject to final approval by the City Engineer.

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CITY COUNCIL

AGENDA REPORT
DATE: FEBRUARY 20, 2024
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 1
FILE I.D.: PDT175
DEPT.: POLICE
PREPARER: B. VENTURA
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 24–17 WITH THE UNITED STATES

MARSHALS SERVICE TO ASSIGN ONE MONTCLAIR POLICE DEPARTMENT OFFICER TO

ITS PACIFIC SOUTHWEST REGIONAL FUGITIVE TASK FORCE

CONSIDER AUTHORIZING POLICE CHIEF JASON REED TO SIGN SAID AGREEMENT REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 24–17 with the United States Marshals Service (USMS) to assign one Montclair Police Department (MPD) officer to its Pacific Southwest Regional Fugitive Task Force (PSWRFTF), and consider authorizing Police Chief Jason Reed to sign said Agreement.

Proposed Agreement No. 24–17 has been reviewed by the City Attorney and is attached for City Council review and consideration.

BACKGROUND: The PSWRFTF began operations in April of 2002 under the Presidential Threat Protection Act of 2000. With partnership agreements established in over 60 federal, state, and local agencies, the PSWRFTF has been able to successfully apprehend over 200,000 fugitives since inception. The PSWRFTF has made an extraordinary impact on the apprehension of the region’s most dangerous and violent fugitives, striving to make their communities and citizens safer. The City would reap these same benefits by entering into Agreement No. 24–17—a Memorandum of Understanding—and by assigning an MPD officer to this Task Force.

USMS oversees the nation's regional fugitive task forces, such as the PSWRFTF, which are congressionally funded. The purpose of regional fugitive task forces is to combine the efforts of federal, state, and local law enforcement agencies to locate and apprehend the most dangerous fugitives and assist in high–profile investigations.

The primary mission of the PSWRFTF is to investigate and arrest persons who have active warrants for their arrest, as part of joint law enforcement operations with San Bernardino County Sheriff’s Department (SBSD) and MPD. The intent of the joint effort is to investigate and apprehend federal, local, and state fugitives, thereby improving public safety and reducing violent crime. Each participating law enforcement agency agrees to refer cases for which they hold the primary warrant for the subject to the Task Force for adoption, investigation, and apprehension.

In April 2002, SBSD joined the PSWRFTF. This Task Force is based out of San Bernardino and is responsible for assisting the west end San Bernardino County cities, which includes the City of Montclair. The Task Force is comprised of dually sworn state and federal law enforcement officers. These Task Force officers are highly trained investigators and Special Weapons and Tactics (SWAT) operators.

MONTCLAIR CITY COUNCIL MEETING – 02/05/2024 Page 19 of 51 In the past, the MPD has relied on the assistance of the Task Force for multiple violent criminal investigations and apprehensions. Specifically, in 2022, the Task Force assisted MPD with apprehending two homicide suspects and locating an additional suspect hiding in Mexico from their murder charge. Currently, the Task Force is cooperating with Mexico officials with the ongoing extradition of the homicide suspect. Additionally in 2022, the MPD investigated another homicide involving the arrest of six suspects. The Task Force assisted with the surveillance, apprehension, and physical arrest of all six suspects.

In 2023, the MPD investigated a homicide involving four outstanding suspects. The Task Force was called to assist again with coordinating the arrest and extradition of one suspect from Georgia. Another suspect was identified and discovered to be hiding in Mexico, which the Task Force is currently working with Mexico officials on their extradition back to the County of San Bernardino. Another homicide occurred in 2023 involving nine suspects. The Task Force was once again called to assist the MPD and coordinate the apprehension and extradition of one suspect hiding in Texas. Two more suspects were located and arrested by the Task Force as well.

The MPD officer assigned to the Task Force would be deputized as a Special Deputy U.S.

Marshal. The duties and benefits along with the City’s responsibilities involved with proposed Agreement No. 24–17 are as follows:
 The MPD officer assigned to the Task Force would investigate high–profile cases, including all the cases referred to the Task Force by MPD; identify additional investigative resources; collect evidence and author search warrants; complete appropriate reports and documentation; and assist in final apprehension of suspects. The officer would report to the Task Force Sergeant, but ultimately would report to the MPD Support Services Lieutenant. This assignment would be similar to the MPD officer currently assigned to the Inland Regional Narcotics Enforcement Team (IRNET).
 This officer would be required to follow all City and Department policies—the City would be responsible for the acts or omissions of the officer.  The officer would wear plain clothes while assigned to the Task Force unless participating in a tactical operation. During these incidents, the officer would be required to wear a special operations tactical uniform, including an outer vest with a metal plate. This uniform would cost approximately $1,000 and would be paid for out of the MPD Uniforms Budget. SBSD would provide a helmet for the officer to wear during a tactical operation.
 The officer assigned to the Task Force would use their City–assigned vehicle, although USMS is in the process of trying to acquire a vehicle for this officer to use while assigned to the Task Force.
 SBSD would provide all the necessary tools for the Task Force officer.  The officer would use their Department–issued firearm, rifle, and less–lethal shotgun. Once the Department implements its Body–Worn Camera (BWC) Program, the officer assigned to the Task Force would be required to wear their Department–issued BWC per Department policy.
 The assignment would be for four years, which is the same for MPD officers assigned to the Detective Bureau and IRNET. Participating agencies may withdraw their participation without cause after providing 30 days advanced notice to the Task Force; however, an officer could temporarily be reassigned back to the City MONTCLAIR CITY COUNCIL MEETING – 02/05/2024 Page 20 of 51 for less than 30 days should the need arise. This arrangement could be granted by the MPD Support Services Lieutenant and the Task Force Lieutenant.  The officer’s regular salary and 4 percent special premium pay would be covered by the City. The officer who would be assigned to this Task Force is already assigned to the Detective Bureau and is currently receiving this 4 percent special pay as a detective. MPD would select an officer from the current eligibility list for detective to replace the officer assigned to the Task Force. The Department recently hired four lateral police officers and anticipates they will be assigned to patrol as solo independent officers by early March and mid–April; therefore, the Department does not foresee any negative impact to regular deployment of police officers with this reassignment.
 SBSD would pay for the Task Force Officer to receive any required specialized training, including SWAT school and tactical operator training.  USMS would reimburse the MPD for overtime up to $19,000 annually as well as other costs associated with joint law enforcement operations, such as travel and training. This would eliminate some City costs towards overtime of current personnel working or investigating high–profile violent cases.  The Detective Bureau would lose one officer to the Task Force, but another MPD officer would be assigned to the position of detective to investigate crimes committed in Montclair. The Montclair community would not lose personnel resources to solve crimes committed in Montclair.
 It is anticipated that 25–50 MPD cases would be turned over to the PSWRFTF annually. The Detective Bureau would still work a Montclair case until a warrant is issued. At that time, the case would be turned over to the Task Force to locate and apprehend the suspect. Once apprehension occurs, the Detective Bureau would take back the case to prepare for legal proceedings. During the time the case is assigned to the Task Force, detectives can focus on solving other crimes.  The Task Force funds all investigative resources associated with the cases including cell phone pings and final apprehension. The City would save an additional $2,000 to $5,000 annually in cell phone pings.

If the City experiences a significant incident, the PSWRFTF would act as a force multiplier and multiple assets would be diverted to the City to assist the MPD. The PSWRFTF also has a Technical Operations Group and a Financial Surveillance Unit to assist with Montclair Police investigations with regards to technological, electronic, and financial capabilities at no cost to the City. Additionally, the PSWRFTF has technology and resources the MPD does not have or have access to. High–profile cases require advanced technology for investigative needs, safe and tactical apprehension or extradition of the suspect or suspects, ultimately for successful prosecution.

FISCAL IMPACT: If the City Council approves Agreement No. 24–17, overtime incurred by the MPD officer assigned to PSWRFTF would be reimbursed by the USMS up to $19,000 annually beginning February 21, 2024, through the remainder of Fiscal Year 2023–24.

The Department would pay for the officer’s special operations tactical uniform (approximately $1,000) out of Uniform Patrol Uniforms Account No. 1001–4426–51100– 400–00000.

The services provided by the Task Force would have a positive fiscal impact on the City.

These officers receive highly specialized training at no cost to the City; the Task Force utilizes special resources, such as helicopters, tactical munition, and highly trained MONTCLAIR CITY COUNCIL MEETING – 02/05/2024 Page 21 of 51 negotiators that the City does not have; and the Task Force oftentimes performs surveillance and apprehension at odd hours, which would save the City overtime costs.

In just the past month and a half, the Detective Bureau, consisting of one sergeant and four detectives, dedicated 12, 10–hour regular working days and 65 overtime hours to apprehending Montclair fugitives at a cost to the City of approximately $47,800. Most of these cases would have been assigned to the Task Force if MPD had an officer been assigned to the team.

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

1. Approve Agreement No. 24–17 with the United States Marshals Service to assign one Montclair Police Department officer to its Pacific Southwest Regional Fugitive Task Force.

2. Authorize Police Chief Jason Reed to sign said Agreement.

MONTCLAIR CITY COUNCIL MEETING – 02/05/2024 Page 22 of 51 Agreement No. 24-17
MONTCLAIR CITY COUNCIL MEETING – 02/05/2024 Page 23 of 51 MONTCLAIR CITY COUNCIL MEETING – 02/05/2024 Page 24 of 51 MONTCLAIR CITY COUNCIL MEETING – 02/05/2024 Page 25 of 51

CITY COUNCIL

AGENDA REPORT
DATE: FEBRUARY 20, 2024
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 2
FILE I.D.: EDD100
DEPT.: ECONOMIC DEV.

PREPARER: M. FUENTES
SUBJECT: CONSIDER AUTHORIZING TASK ORDER NO. 1 PURSUANT TO AGREEMENT NO. 23– 67 WITH EPIC LAND SOLUTIONS TO PROVIDE ADMINISTRATIVE RIGHT–OF–WAY

SERVICES RELATED TO EASEMENT ACQUISITIONS ALONG THE SAN ANTONIO CREEK

CHANNEL
CONSIDER AUTHORIZING A $965,475 ALLOCATION FROM 2021 LEASE REVENUE

BOND FUNDS FOR COSTS ASSOCIATED WITH THE TASK ORDER AND ACQUISTION

OF EASEMENT RIGHTS
REASON FOR CONSIDERATION: The City Council is requested to consider authorizing the City to enter into Task Order No. 1 with Epic Land Solutions (EPIC) to provide administrative right–of–way services related to easement acquisitions along the San Antonio Creek Channel and consider authorizing a $965,475 allocation from the 2021 Lease Revenue Bonds to cover costs associated with the Task Order and acquisition of easement rights.

A copy of proposed Task Order No. 1 is attached for the City Council’s review and consideration.

BACKGROUND: On October 28, 2020, the City Council approved a Restricted Grant Agreement (RGA) with the California Department of Transportation for preparation of a feasibility study related to the San Antonio Creek Channel Multimodal Connectivity Plan.

On February 16, 2021, the City Council approved Agreement No. 21–05 with Alta Planning + Design, Inc. (Alta) for preparation of a feasibility study related to the San Antonio Creek Channel Multimodal Connectivity Plan.

On June 28, 2022, the City Council hosted a City Council Workshop Meeting, where Alta presented an overview of the San Antonio Creek Channel Trail Feasibility Study and answered questions from those in attendance, including the City Council, general public, and stakeholders.

On July 18, 2022, the City Council received and filed the San Antonio Creek Channel Trail Feasibility Study and directed staff to work on acquiring the necessary right–of–way easements in order to facilitate the future construction of the San Antonio Creek Channel Trail. In addition, staff was directed to seek out and identify potential state and federal funding opportunities that the City of Montclair could apply for in order to construct the project.

In reviewing other trail projects that were successful in receiving state and or federal grants for construction of their respective trail projects, it became apparent to staff that the City of Montclair would need to have right–of–way easements in place prior to seeking any potential funding sources. By not having secured easement rights, the City of Montclair would not be considered competitive enough for either state and or federal grants.

MONTCLAIR CITY COUNCIL MEETING – 02/05/2024 Page 26 of 51 EPIC Right–of–Way Services Scope of Work
Staff requested and obtained a quote from Epic Land Solutions (EPIC), the City of Montclair’s right–of–way consultant via Agreement No. 23–67, related to administrative right–of–way services to facilitate the acquisition of easement rights along the San Antonio Creek Channel.

In total, the City of Montclair would need to obtain easement rights from 77 property owners in order to allow for construction of the San Antonio Creek Channel Trail, as presented in the feasibility study. Of the 77 properties, 39 are owned by private property owners and 38 are owned by public entities.

It should be noted that EPIC was not asked to include costs associated with administrative right–of–way services for easement acquisition for the 38 properties that are owned by public entities. City staff intends to coordinate with the public entities to obtain easement rights via interagency agreements. This process of acquiring easement rights via interagency agreements was conducted for Phase 1 of the San Antonio Creek Channel Trail for Sunset Park. The City of Montclair entered into an agreement with the United States Army Corps of Engineers for use of their property along Sunset Park.

The list of public entities that own property along the length of the San Antonio Creek Channel include the following: Chino Basin Water Conservation District, Monte Vista Water District, San Bernardino County Flood Control District, San Bernardino County Transportation Authority, San Bernardino County, and the United States Army Corps of Engineers.

Epic proposes to provide administrative right–of–way acquisition services to obtain easement rights from a total of 39 privately held properties along the San Antonio Creek Channel at a cost of roughly $555,475.

Proposed services to be provided by EPIC will include Right–of–Way Project Management, Appraisal and Appraisal Review, Acquisition Negotiations, Title and Escrow coordination, Condemnation Support, and Caltrans Right–of–Way Certification. A summary of the proposed scope of work to be provided include the following:
 Right–of–Way Project Management
EPIC will work closely with City staff to review project assignments and establish clear lines of communication, procedure, and protocols to keep the team on–track to reach project goals. Professional right–of–way services performed by EPIC will follow all prevailing local, state, and federal policies and regulations, where applicable, including the Uniform Relocation Assistance and Real Property Acquisition Act (URA).
 Title Examination
EPIC will obtain preliminary title reports (PTRs) for proposed acquisition areas.

EPIC will perform a desk review of the title reports and survey exhibits, including legal descriptions and plat maps to research and verify real property ownership and identify any encumbrances.
 Legals and Plat Maps
EPIC’s subconsultant, LD King Engineers and Surveyors, will prepare 39 separate Legal Descriptions and corresponding Plat Maps for the proposed public easements for the San Antonio Creek Trail. The surveyor will provide a field boundary survey to assist in setting the channel right–of–way through the project MONTCLAIR CITY COUNCIL MEETING – 02/05/2024 Page 27 of 51 boundaries. The legal descriptions for the individual parcels will be based on the legal descriptions and back–up documents included in Preliminary Title Reports.  Appraisal Services
A qualified appraiser subcontracted by EPIC will provide an opinion of fair market value for the proposed acquisition areas in the form of appraisal reports.

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.
 Document Preparation and Property Owner Negotiations
EPIC will negotiate with property owners for the purchase of property rights in good faith. Upon initiating the negotiation process, EPIC’s agents will establish a positive rapport, trust and a reliable working relationship with the property owner in order to create an atmosphere in which successful negotiations can be conducted. The property owner will be given a detailed explanation of the property interest being acquired and the proposed design and construction details as it affects the property.
 Escrow Coordination Services
Once EPIC has obtained signatures from the property owner and the client on acquisition agreement(s) we will open escrow with the City’s preferred escrow company. Epic will obtain signature on all necessary documentation such as grant deeds and temporary construction easement deeds to convey title.  Eminent Domain Support
EPIC will make all efforts to negotiate a fair settlement between the City and the property owner to the point of Resolution of Necessity. If condemnation does become necessary, EPIC will prepare a summary memo outlining efforts made and the reason(s) for impasse and provide necessary documents and diary logs for litigation support. EPIC will work closely with the City’s eminent domain counsel and will prepare an impasse letter addressed to the property owner to begin condemnation tasks.
 Caltrans Right–of–Way Certification
All federally funded projects require Caltrans Right–of–Way Certification. During this process, EPIC will coordinate and attend certification planning activities and meet with the City, project partners and stakeholders to determine project requirements. EPIC will prepare the submittal package that will include the certification form and compilation of the necessary backup documents.

In total, the scope of work to be provided by EPIC for administrative right–of–way services needed to facilitate the acquisition of the easement rights along the San Antonio Creek Channel totals roughly $555,475.

It should also be noted that the quote provided by EPIC for right–of–way services does not include costs associated with acquisition of the easement right, but merely the administrative work needed to facilitate the acquisition of the easement rights.

MONTCLAIR CITY COUNCIL MEETING – 02/05/2024 Page 28 of 51 Costs Associated with Acquisition of Easement rights
As referenced above, costs associated with acquisition of easement rights was not included as part of the quote provided by EPIC. Staff anticipates that the costs associated with the acquisition of the easement rights, for all 39 of the privately held properties along the San Antonio Creek Channel, would be roughly $410,000.

Staff calculated the estimated costs associated with acquisition of easement rights based on the following: (1) the total sq. ft. of easement rights to be acquired – 163,766 sq. ft., (2) a $2.00 per sq. ft. value associated with the easement rights– $327,532, and (3) a 25% contingency component added to the value associated with the easement rights – $81,883 for a total estimated cost of $409,415
Below is a summary of the formula used by staff to calculate costs:
(Easement sq. ft.) x ($2.00 sq. ft. value associated with easement) + (25% contingency based on sq. ft. value associated with easement) = estimated total amount for easement rights
(163,766 sq. ft. x $2.00 per sq. ft. = $327,532)
($327,532x 25% contingency = $81,883)
$327,533 + $81,844 = $409,415
It should be noted that the amount provided above is an estimated amount for costs associated for acquisition of the easement rights.

In total, staff is estimating that the costs associated with acquisition of easement rights and the administrative right–of–way services to be completed in order to facilitate the acquisition of the easement rights along the San Antonio Creek Channel will total roughly $965,475. The estimated costs are further described in Table 1, below.

Table 1
Total Estimated Cost for Acquisition of Easement Rights Along the San Antonio Creek Channel
Tasks
Right–of–Way Services Project Management $3,848
Title Examination $4,011
Legals & Plat Maps $3,692
Appraisal Services Oversight $5,443
Document Preparation and Property Owner Negotiations $202,426 Escrow Coordination $17,270
Eminent Domain Support $3,363
Caltrans Right–of–Way Certification $7,567
Total of Task Cost $247,620
Other Direct Costs (ODCs)
Mileage (IRS allowable rate) $350
Postage/Overnight Packages $800
Property Ownership and Real Estate Data $1,200
Preliminary Title Reports
[assumes 39 reports @$795 each]
$31,005
Appraisal Reports [Up to 39 reports at $3,100 each] $120,900 Survey Services: Preparation of Legals and Plats
[Up to 39 parcels at $2,600 per easement]
$106,800
Total of ODCs $307,855
Total Task and ODCs $555,475
Costs Associated with Acquisition of Easement rights $410,000 Total Project Cost $965,475
MONTCLAIR CITY COUNCIL MEETING – 02/05/2024 Page 29 of 51 FISCAL IMPACT: The costs associated with entering into a Task Order with Epic Land Solutions to provide administrative right–of–way services related to easement acquisitions along the San Antonio Creek Channel is estimated to cost $555,475. Costs associated with the acquisition of easement rights is estimated at $410,000.

In total, staff is estimating that the costs associated with acquisition of easement rights and the administrative right–of–way services to be completed in order to facilitate the acquisition of the easement rights along the San Antonio Creek Channel will total roughly $965,475.

Staff proposes allocating $965,475 from 2021 Lease Revenue Bond funds to cover costs associated with the Task Order and acquisition of easement rights.

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

1. Authorize Task Order No. 1 pursuant to Agreement No. 23–67 with Epic Land Solutions to provide administrative right–of–way services related to easement acquisitions along the San Antonio Creek Channel.

2. Authorize a $965,475 allocation from 2021 Lease Revenue Bond funds for costs associated with the proposed Task Order and acquisition of easement rights.

MONTCLAIR CITY COUNCIL MEETING – 02/05/2024 Page 30 of 51 Creating Land Solutions for the Public Good
Epic Land Solutions, Inc.

Corporate Headquarters
3850 Vine Street, Suite 200
Riverside, CA 92507
(951) 321-1800
epicland.com
January 19, 2024
Mikey Fuentes
Director of Economic Development
City of Montclair
5111 Benito Street
Montclair, CA 91763
(909) 625-9497 | [email protected]
RE: Right of Way Consultant Proposal for City of Montclair Contract Task Order (CTO) No. 1 – San Antonio Creek Channel Trail Right of Way Acquisitions [Master Contract No. 23-67 Agreement for General Real Estate Consultant Services] Dear Mikey,
Epic Land Solutions, Inc. is pleased to propose our scope and fee for the City of Montclair’s San Antonio Creek Channel Multi-Use Trail project Right of Way Acquisition phase. This document outlines our firm’s approach, understanding, deliverables, assumptions, and professional services fee.

Please contact us with any questions. We are looking forward to working with you and making this project a success.

Sincerely,
Epic Land Solutions, Inc.

Darcy Mendoza, SR/WA, R/W-NAC
Assistant Regional Manager – California
[Senior Project Manager/Single Point of Contact]
[email protected]
(310) 626-4843
Kari Anvick, SR/WA, R/W-RAC
Senior Regional Manager – California
[Authorized Signatory]
[email protected]
(951) 329-9666
TASK ORDER NO. 1
MONTCLAIR CITY COUNCIL MEETING – 02/05/2024 Page 31 of 51 Epic Land Solutions, Inc. Proposal for City of Montclair San Antonio Creek Channel Multi-Use Trail - Right of Way Acquisitions Creating Land Solutions for the Public Good | Page 2 of 9 EXHIBIT A – PROJECT UNDERSTANDING & SCOPE
Project Understanding
The City of Montclair (CITY) is planning to construct a multi-use trail along the San Antonio Creek Channel.

The proposed design will build new multi-use trail facilities and walking paths along both sides of the Creek Channel spanning the entire western length of the CITY (approximately three miles). It is anticipated that this project will utilize federal aid to fund the construction phase. When federal aid is involved in any phase of project development, design, and/or construction, the Agency must follow federal aid requirements for the right of way process, as defined by the Caltrans Local Agency Procedures Manual (LAPM) and Caltrans Right of Way Manual. Federal aid requirements for the right of way process include Independent Appraisal Reviews in addition to the Appraisal Reports, as well as Caltrans Right of Way Certification.

Partial fee acquisition, permanent easements, and/or temporary construction easements are required from private and public property owners adjacent to the creek channel. The CITY has already initiated negotiations with two property owners (APN #1009-383-17-0000 - Owner, Boyce and Green Inc.; and APN #1009-391-20-0000 Owner, Cynthia Cox) and intends to utilize CITY staff to complete those transactions.

Our research has found 39 tax parcels owned by 37 unique entities in the project area that need to be approached for property rights acquisitions. [Please refer to Exhibit C of this document for a list of privately owned parcels that remain to be acquired.] As the pre-qualified, on-call General Real Estate Services Consultant to the CITY, Epic Land Solutions (EPIC) will deliver comprehensive right of way acquisition services to obtain easements from the 37 private property owners remaining to clear the property rights in the creek channel on behalf of the CITY. Services will include Right of Way Project Management, Appraisal and Appraisal Review, Acquisition Negotiations, Title and Escrow coordination, optional Condemnation Support, and Caltrans Right of Way Certification.

Additional parcels in the project area that are owned by public entities including Chino Basin Water Conservation District, Monte Vista Water District, San Bernardino County Flood Control District, and San Bernardino County Transportation Authority, and US Army Corps of Engineers. This proposal assumes that CITY staff will coordinate with the public property owners to obtain easement rights or other types of inter-agency agreements, as needed.

Approach to Scope of Services
EPIC will fulfill the following tasks and milestones to complete the right of way and appraisal services required for the CITY to construct the project:

Task #1 - Right of Way Project Management
EPIC’s Right of Way Project Manager, Darcy Mendoza, SR/WA, R/W-NAC, will work closely with the CITY or its designated consultant to review project assignments and establish clear lines of communication, procedure, and protocols to keep the team on-track to reach project goals. Professional right of way services performed by EPIC will follow all prevailing local, state, and federal policies and regulations, where applicable, including the Uniform Relocation Assistance and Real Property Acquisition Act (URA).

Deliverables:

Timeline: Full Project
Duration (approx. 12 months)
Assumptions:
• Assumes up to 12 virtual client meetings, monthly status report preparation, and related tasks for 12 months.
• Assume one 2-hour meeting for Project Kick-off.

MONTCLAIR CITY COUNCIL MEETING – 02/05/2024 Page 32 of 51 Epic Land Solutions, Inc. Proposal for City of Montclair San Antonio Creek Channel Multi-Use Trail - Right of Way Acquisitions Creating Land Solutions for the Public Good | Page 3 of 9 Task #2 - Title Examination
At the Notice to Proceed (NTP), EPIC will obtain preliminary title reports (PTRs) for proposed acquisition areas. EPIC will perform a desk review of the title reports and survey exhibits, including legal descriptions and plat maps to research and verify real property ownership and identify any encumbrances. EPIC will assist in clearing encumbrances prior to closing.

Deliverables:
• Up to 39 reviewed Preliminary
Title Reports (PTRs)
Timeline: 15 days
Assumptions:
• EPIC will obtain and review preliminary title reports (PTRs) for proposed property acquisition areas.
• This proposal does not include fees for litigation guarantees. • Survey exhibits, including legal descriptions and plat maps, shall be provided by the CITY.

Task #3 – Legals and Plat Maps
EPIC’s subconsultant, LD King Engineers and Surveyors, shall prepare 39 separate Legal Descriptions and corresponding Plat Maps for the proposed Temporary Construction Easements, Public Access Easements, and/or partial fee interests for the San Antonio Creek Channel Multi-Use Trail. The scope of work for the survey will include boundary research and collection of record maps and Record of Surveys to assist in setting the parcel and Channel boundaries. The surveyor will provide a field boundary survey to assist in setting the channel right of way through the project boundaries. The legal descriptions for the individual parcels will be based on the legal descriptions and back-up documents included in Preliminary Title Reports.
• Deliverables: Up to 39 legal
descriptions and plat maps
sets
Timeline: 12-18 weeks
Assumptions:
• Assumes boundary survey is required.
• Topographic Survey and/or Record of Survey will be provided by the CITY, if required.
• It is assumed that the surveyor will prepare and deliver the legal descriptions and plat maps into six (6) phases, bound by city block segments.
• The type of easement required, either a temporary
construction easement or public access easement and/or
partial fee interest will be determined by the CITY. If available, CITY to provide CAD files of the proposed right-ofway acquisition and easement locations and CITY borders. • Includes one round of review by the CITY and addressing any comments, as needed.
• Professional Licensed Surveyor (PLS) to stamp and sign legal description and plat map exhibits.
• Fees do not include submittal or processing fees, if
applicable.

Task #4 - Appraisal Services (Appraisal Reports and Reviews) A qualified appraiser subcontracted by EPIC will provide an opinion of fair market value for the proposed acquisition areas in the form of appraisal reports. Appraisals will conform to the Uniform Standards of Professional Appraisal Practice (USPAP), the Appraisal Institute’s Code of Ethics, and federal policies and MONTCLAIR CITY COUNCIL MEETING – 02/05/2024 Page 33 of 51 Epic Land Solutions, Inc. Proposal for City of Montclair San Antonio Creek Channel Multi-Use Trail - Right of Way Acquisitions Creating Land Solutions for the Public Good | Page 4 of 9 regulations, where applicable. To initiate the task, the appraiser will coordinate and attend a pre-appraisal meeting with the CITY to outline the scope of work needed. The appraisal will then draft and send a Notice of Decision to Appraise (NODA) letter inviting each property owner to accompany the appraiser on the real property inspection in accordance with California Eminent Domain Law. The property inspection will involve visual inspection to identify property attributes, including the availability of utilities, topography, drainage, external site influences, traffic patterns and surrounding uses, access, frontage, visibility, and quantity, quality and condition of improvements. Following the inspection, the appraiser will research and analyze market conditions relevant to the property type and investigate public records for the property’s zoning, entitlement status, general plan, and flood hazard area classification, as well as investigate the property tax assessor’s records for attributes of the property and project details and mapping, if applicable. Once these identifications are made, the highest and best use conclusion is formed, and data can be gathered to apply the appropriate approaches to value. These approaches are the sales comparison, cost, and income. The final step is reconciliation of the various indications of value into a single estimate. After the appraisal has been performed, an appraisal report which conforms to USPAP will be provided.

Due to federal funding, a licensed and qualified review appraiser employed by EPIC will provide Independent Desk Review of the appraisal reports, in accordance with federal aid requirements defined by the Caltrans Local Agency Procedures Manual (LAPM) and Caltrans Right of Way Manual. The Review Appraiser will verify the appraisal report’s conformance with the Uniform Standards of Professional Appraisal Practice (USPAP), the Appraisal Institute’s Code of Ethics, and federal policies and regulations, where applicable.

Upon completion of both the appraisal report and review appraisal, the documents will be provided to the CITY for approval of Amount of Just Compensation.
**Cost-Saving Option** Whenever possible, EPIC will attempt to complete waivers in lieu of appraisal reports. These may benefit the project with reduced time and budget, however the risk of still needing to complete an appraisal report and review will remain if a property owner is resistant to negotiations.

Deliverables:
• Coordination and attendance
at pre-appraisal meeting with
the Agency, as needed
• Notice of Decision to
Appraise (NODA) letters
• Up to 39 Appraisal Reports
• Up to 39 Appraisal Review
Certificates
Timeline:
90 days Appraisal Reports
30-45 days for Appraisal Reviews
Assumptions
• Appraisal pricing assumes 39 tax parcels owned by 37 unique entities. Up to six tax parcels may be combined into three larger parcels and reduce the overall appraisal report and review fees, however larger parcels are determined by the real property appraiser during the research and
determination of values for the appraisal report.
• Appraisal Reports will be completed within 90 days of Notice to Proceed (NTP) and the appraiser’s receipt of all pertinent documents (e.g., preliminary title reports, appraisal maps, legal descriptions, plat maps, mitigation plans).
• Appraisal Reviews will be completed within 30-45 days of delivery of each appraisal report to the independent review appraiser.
• Assumes appraisal reviews will be desk reviews.
• Appraisal fees assumes temporary construction easements (TCEs) and/or partial acquisitions only; no full acquisitions or relocations.
• Appraisals will consider and evaluate impacts to improvements pertaining to realty.
• No Phase I or Phase II Site Assessments will be required.

MONTCLAIR CITY COUNCIL MEETING – 02/05/2024 Page 34 of 51 Epic Land Solutions, Inc. Proposal for City of Montclair San Antonio Creek Channel Multi-Use Trail - Right of Way Acquisitions Creating Land Solutions for the Public Good | Page 5 of 9 Task #5 – Document Preparation and Property Owner Negotiations EPIC will negotiate with property owners for the purchase of property rights in good faith. Upon initiating the negotiation process, EPIC’s agents will establish a positive rapport, trust and a reliable working relationship with the property owner in order to create an atmosphere in which successful negotiations can be conducted. The property owner will be given a detailed explanation of the property interest being acquired and the proposed design and construction details as it affects the property. EPIC will assign one agent to be the primary point of contact for each property owner. EPIC will advise regarding the acquisition process and the construction (timing, phasing, type, etc.). We will review all project files for quality assurance to make sure all acquisition files meet all local, state, and federal laws and regulations, as well as being compliant with federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) requirements. Specifically, EPIC will:
• Prepare purchase offer documents, including purchase offer letter, appraisal report, and list of compensable items, in accordance with state or federal regulations and the approval of the CITY. • Present written purchase offer to owner or their representative. • Follow-up and negotiate with property owner, as necessary. • Prepare and assemble acquisition contracts, deeds, and related acquisition documents required for the acquisition of all necessary property interests.
• Transmit closed acquisition documents to the CITY.

Deliverables:
• Acquisition Documents including
Appraisal Report containing amount
of Just Compensation
• Administration Settlement
Memorandums (where applicable)
Timeline: 90-120 days
Assumptions:
• Assumes up to 39 parcels owned by 37 unique
entities are impacted.
• Assumes temporary construction easements
(TCEs) and/or partial acquisitions only; no full
acquisitions or relocations.
• Assumes CITY will provide Right of Way
document templates. EPIC can provide for an
additional fee.

Task #6 - Escrow Coordination Services
Once EPIC has obtained signatures from the property owner and the client on acquisition agreement(s) we will open escrow with the CITY’s preferred escrow company. We will oversee escrow instructions and will deliver to the CITY for approval. We coordinate payment between the Grantor, client, and the Escrow Company. EPIC will obtain signature on all necessary documentation such as grant deeds and temporary construction easement deeds to convey title. 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. In-house escrow can provide a cost savings to the CITY through reduced escrow closing fees. **Cost-Saving Option** If the only property interests acquired are confirmed to be temporary construction easements (TCE), EPIC can work directly with CITY to process an in-house escrow. In-house escrow can provide a cost savings to CITY through reduced escrow closing fees.

Deliverables:
• Escrow Documents including Escrow Instructions and Escrow Closing Schedule • Final Title Policy
Timeline: 30-60 days
MONTCLAIR CITY COUNCIL MEETING – 02/05/2024 Page 35 of 51 Epic Land Solutions, Inc. Proposal for City of Montclair San Antonio Creek Channel Multi-Use Trail - Right of Way Acquisitions Creating Land Solutions for the Public Good | Page 6 of 9 Task #7 - Eminent Domain Support [OPTIONAL – AS NEEDED] EPIC will make all efforts to negotiate a fair settlement between the CITY and the property owner to the point of Resolution of Necessity. If condemnation does become necessary, EPIC will prepare a summary memo outlining efforts made and the reason(s) for impasse and provide necessary documents and diary logs for litigation support. EPIC will work closely with the CITY’s eminent domain counsel and will prepare an impasse letter addressed to the property owner to begin condemnation tasks. Condemnation support can also include preparation of litigation briefings and recommendations and court testimony, as needed.

Each contact with concerned parties will be meticulously documented (including the date, place and names) and maintained in the parcel file throughout the negotiation process.

Deliverables:
• Impasse Letters and
other required
condemnation
support documents
(where applicable)
Timeline: Up to 6 months
Assumptions:
• Assumes eminent domain support will include impasse letters, and copies, owner files and diaries sent to the attorney. Additional eminent domain services may charge. Deposition, court testimony and expert witness fees are additional, to be compensated on a time and materials basis.
• Assumes City attorney will provide eminent domain
documentation, where applicable.
• Assumes EPIC will provide necessary documents and diary logs for litigation support in the event an acquisition is unable to be settled via voluntary means.

Task #8 - Caltrans Right of Way Certification
All federally funded projects require Caltrans Right of Way Certification. The Right of Way EPIC is prepared to obtain right of way approval or certification documenting that real property interests have been secured and that all right of way activities were conducted in accordance with the applicable policies and procedures. During this process, EPIC will coordinate and attend certification planning activities and meet with the CITY, project partners and stakeholders to determine project requirements. EPIC will prepare the submittal package that will include the certification form and compilation of the necessary backup documents. This would generally include deeds, resolutions of necessity, and final orders of condemnation, access agreements, cooperative agreements and permits and utility documents, among others. EPIC will evaluate right of way for correctness and consistency following Caltrans review check-off information as part of the project process. EPIC understands Caltrans rules and will supply accurate information for certification of right of way at project closeout.

Deliverables:
• Caltrans Certification forms and
document packet
Timeline: 30 days
Assumptions:
• EPIC will address one (1) set of review comments
from Caltrans
• Assumes Engineer and Local Agency will provide any
necessary documentation (such as plans)
• Assumes Local Agency attorney will provide eminent
domain documentation, where applicable
MONTCLAIR CITY COUNCIL MEETING – 02/05/2024 Page 36 of 51 Epic Land Solutions, Inc. Proposal for City of Montclair San Antonio Creek Channel Multi-Use Trail - Right of Way Acquisitions Creating Land Solutions for the Public Good | Page 7 of 9 EXHIBIT B – COST PROPOSAL
EPIC will perform the scope of services described herein to be invoiced on a time-and-materials basis within a fee amount Not to Exceed (NTE) $555,475.

NOTE ABOUT FAR RATES: The fee above is based upon the 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. Staff billing rates provided include the Federal Acquisition Regulation (FAR) approved overhead rate for Epic Land Solutions, Inc. and are suitable for state and federally funded projects.

Tasks Total Cost

1. Right of Way Services Project Management $3,848

2. Title Examination $4,011

3. Legals & Plat Maps $3,692

4. Appraisal Services Oversight $5,443

5. Document Preparation and Property Owner Negotiations $202,426

6. Escrow Coordination $17,270

7. Eminent Domain Support [OPTIONAL – AS NEEDED] $3,363

8. Caltrans Right of Way Certification $7,567
Sub Total Labor $247,620.

Other Direct Costs (ODCs)
Mileage (IRS allowable rate) $350
Postage/Overnight Packages $800
Property Ownership and Real Estate Data $1,200
Preliminary Title Reports [assumes 39 reports @$795 each] $31,005 Appraisal Reports [Up to 39 reports at $3,100 each] $120,900 Appraisal Reviews [Up to 39 reviews at $1,200 each] $46,800 Survey Services: Preparation of Legals and Plats [Up to 39 parcels at $2,600 per easement] $106,800 Sub Total ODCs $307,855
TOTAL LABOR AND ODCs (NOT-TO-EXCEED) $555,475
MONTCLAIR CITY COUNCIL MEETING – 02/05/2024 Page 37 of 51 Epic Land Solutions, Inc. Proposal for City of Montclair San Antonio Creek Channel Multi-Use Trail - Right of Way Acquisitions Creating Land Solutions for the Public Good | Page 8 of 9 EXHIBIT C – PARCEL LIST DETAIL
The CITY is seeking temporary construction easements (TCEs), easements and/or partial fee interests in the following tax parcels located in the project area:
# APN Owner Address (Montclair,
CA)
Land Use/ Zoning
1 1012-031-07 ALDINGER HOLDINGS LLC 10588 SILICON AVE LIGHT INDUSTRIAL 2 1012-031-05 ALL ENTERPRISES INC 10598 SILICON AVE LIGHT INDUSTRIAL 3 1009-531-38 BELLAFINA COMMUNITY

ASSOCIATION
Unknown address RESIDENTIAL
4 1009-233-04 BRIZUELA, NICASIO 9858 RAMONA AVE VACANT

LAND/RESIDENTIAL
5 1012-201-13 BURDO, RONEN D 3894 MISSION BLVD COMMERCIAL 6 1012-021-34 CHAVEZ, JONATHAN 10631 OAK GLEN AVE COMMERCIAL 7 1009-241-43 CHEN, SANDY HONG 9729 RAMONA AVE RESIDENTIAL 8 1009-321-39 DE LA TORRE, JUAN RAMON 4368 ORCHARD ST RESIDENTIAL 9 1009-513-46 DICKSON, PATRICIA 4195 KINGSLEY ST
UNIT 15st

RESIDENTIAL
10 1012-021-41 GONZALEZ, BONIFACIO 10561 OAK GLEN AVE RESIDENTIAL 11 1009-241-46 GONZALEZ, MARIE POWELL 4527 SAN

BERNARDINO ST

RESIDENTIAL
12 1009-172-12 GREGOROWICH, VIRGINIA J SAN BERNARDINO AVE VACANT

LAND/RESIDENTIAL
13 1012-201-12 GROUP VIII COVINA PROPERTIES LP 3900 MISSION BLVD RESIDENTIAL/MULTI -FAMILY
14 1012-021-33 HERNANDEZ, LUIS FERNANDO 10641 OAK GLEN AVE COMMERCIAL 15 1012-031-01 IGLESIA NI CRISTO 4159 HOLT BLVD MISC/RELIGIOUS 16 1009-241-40 JAMINDAR, MANAGEMENT P 9779 RAMONA AVE RESIDENTIAL 17 1009-241-33 LE, COUNT A 9789 RAMONA AVE RESIDENTIAL
18 1012-021-36 LIM, HOUY 10611 OAK GLEN AVE RESIDENTIAL 19 1012-021-40 MARRON, PRISCILLA MARINA 10571 OAK GLEN AVE COMMERCIAL 20 1009-172-14 MONTCLAIR CHRISTIAN CH OF SAN,
BDNO C
4518 SAN

BERNARDINO ST

MISC/RELIGIOUS
21 1009-521-55 MONTCLAIR FAMILY HOUSING

PTNRS LP
10410 PRADERA AVE RESIDENTIAL/MULTI
-FAMILY
MONTCLAIR CITY COUNCIL MEETING – 02/05/2024 Page 38 of 51 Epic Land Solutions, Inc. Proposal for City of Montclair San Antonio Creek Channel Multi-Use Trail - Right of Way Acquisitions Creating Land Solutions for the Public Good | Page 9 of 9 22 1009-331-56 MURRAY, ARTHUR L BENITA ST VACANT

LAND/WASTE

LAND/MARSHES
23 1012-021-35 PATEL, ANJANA 10625 OAK GLEN AVE COMMERCIAL 24 1012-201-14 PATEL, BIRVA A E MISSION BLVD VACANT

LAND/INDUSTRIAL
25 1012-021-54 PHAM, TRAC NGOC 10601 OAK GLEN AVE INDUSTRIAL/PUBLIC

STORAGE/

WAREHOUSE
26 1012-021-01 POMONA VALLEY EDUCATIONAL
JOINT

MILLS AVE COMMERCIAL/

PARKING LOT
27 1009-521-59 RESTOP REALTY COMPANY HOLT BLVD
MONTCLAIR, CA 91763
VACANT

LAND/WASTE

LAND/MARSHES
28 1009-331-55 RUELAS, EDUARDO 4399 BENITO ST
MONTCLAIR, CA 91763

RESIDENTIAL
29 1009-224-20 S CALIF DIST COUNCIL ASSEMBLIES,
OF G
Unknown address VACANT LAND
30 1009-233-34 S CALIF DIST COUNCIL ASSEMBLIES,
OF G
9828 RAMONA AVE
MONTCLAIR, CA 91763

MISC/RELIGIOUS
31 1009-241-42 SALCEDO, VICTOR 9739 RAMONA AVE
MONTCLAIR, CA 91763

RESIDENTIAL
32 1009-241-41 SANTANA, BRUCE C 9769 RAMONA AVE
MONTCLAIR, CA 91763

RESIDENTIAL
33 1012-031-02 SCHEFFLER PROPERTIES LLC 10580 SILICON AVE MONTCLAIR, CA 91763

INDUSTRIAL
34 1012-011-05 SO PACIFIC RAILWAY CO Unknown address MISC/ROADWAY 35 1012-021-30 SO PACIFIC RAILWAY CO Unknown address VACANT LAND 36 1009-321-60 STEVENS, JUDITH 4350 ORCHARD ST
MONTCLAIR, CA 91763

RESIDENTIAL
37 1007-722-03 VULCAN MATERIALS COMPANY

FOUNDATON
4700 HUNTINGTON DR
MONTCLAIR, CA 91763

VACANT LAND
38 1012-201-18 WEHBY, RONALD 4002 STATE ST
MONTCLAIR, CA 91763

COMMERCIAL
39 1012-021-51 Z & X LLC 4067 HOLT BLVD
MONTCLAIR, CA 91763

INDUSTRIAL/PUBLIC

STORAGE/

WAREHOUSE
MONTCLAIR CITY COUNCIL MEETING – 02/05/2024 Page 39 of 51 Personnel Committee Minutes – February 5, 2024 Page 1 of 1

MINUTES OF THE MEETING OF THE MONTCLAIR

PERSONNEL COMMITTEE HELD ON MONDAY,
FEBRUARY 5, 2024, AT 6:18 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 6:18 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 January 16, 2024.

Moved by Council Member Ruh, seconded by Mayor Pro Tem
Johnson, and carried unanimously to approve the minutes of the Personnel Committee meeting on January 16, 2024.

IV. PUBLIC COMMENT – None
V. CLOSED SESSION
At 6:19 p.m., the Personnel Committee went into Closed Session regarding personnel matters related to appointments, resignations/ terminations, and evaluations of employee performance.

At 6:36 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 6:36 p.m., Mayor Pro Tem Johnson adjourned the Personnel Committee.

Submitted for Personnel Committee approval,
Edward C. Starr
City Manager
MONTCLAIR CITY COUNCIL MEETING – 02/05/2024 Page 40 of 51

PENDING

APPROVAL
Special City Council Meeting Minutes – January 16, 2024 Page 1 of 1

MINUTES OF THE SPECIAL MEETING OF THE MONTCLAIR CITY
COUNCIL HELD ON TUESDAY, JANUARY 16, 2024 AT 5:45 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 5:45 p.m.

II. ROLL CALL

Present: Mayor Dutrey; Mayor Pro Tem Johnson; Council Members Ruh, Martinez, and Lopez
City Manager 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; Police Chief Reed; Fire Chief Pohl; City Attorney Robbins; City Clerk Myrick
III. COUNCIL WORKSHOP
A. Saratoga Park Update
Director of Public Works/City Engineer Heredia introduced the architects and consultants and advised they will be presenting information and answering questions on the project.

Greg Denson, Director of Design, Architerra Design Group, provided an overview of the designs presented, addressing current issues such as lighting, fencing, draining, elevation, and ADA compliance, and explained the various solutions proposed.

David Forman, Project Architect, SVA Architects, provided an overview of the architecture and elevation of the proposed structures that contain restrooms, snack bars, storage rooms, and meeting rooms.

Representatives from Architerra Design Group provided clarification on the following comments from council:
 Parking and grading between the parking lot and the baseball field.  Parking lot enclosure.
 Location of Scorer’s table.
 Set–up of speaker system and mitigating the effect on neighboring residents.
 Perimeter fencing and mutually shared wall, possibility of a mural that faces the baseball fields.
 Lighting to ensure safety during night time hours and mitigating the effect on neighboring residents.
 Restroom facilities remaining open after baseball games have concluded.
 Issues of vandalism.
 Possibility of surveillance.

IV. PUBLIC COMMENT
 Monique Borja, resident, expressed concerns over lack of parking, loitering at the park, and cleanliness of the bathroom and park areas.  Isabel Doujuan, resident, thanked the City for their work on this project and spoke in favor of the proposed trail around the park.

V. ADJOURNMENT
At 6:41 p.m., the Montclair City Council was adjourned.

Submitted for City Council approval,
Andrea Myrick,
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 02/05/2024 Page 41 of 51

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – February 5, 2024 Page 1 of 10

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, FEBRUARY 5, 2024 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 7:00 p.m.

II. INVOCATION
Minister Eddie Bravo, Calvary Montclair, gave the invocation.

III. PLEDGE OF ALLEGIANCE
Fire Chief Pohl led meeting participants in the Pledge.

IV. ROLL CALL

Present: Mayor/Chair Dutrey; Mayor Pro Tem/Vice Chair Johnson; Council Members/Directors Ruh, Martinez, and Lopez
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; Police Chief Reed; Fire Chief Pohl; City Attorney Robbins; City Clerk Myrick
V. PRESENTATIONS
A. Introduction of New and Promoting Fire Department Employees Fire Chief Pohl announced the recent promotions of Assistant Fire Chief Ryon Dierck and Fire Engineer Joseph Metzo, and introduced recently hired Firefighter/Paramedic Lucas Timm. He also congratulated Fire Engineer Metzo on receiving the 2023 Firefighter of the Year Award.

Mayor Dutrey and Council Members congratulated Assistant Fire Chief Dierck, Fire Engineer Metzo, and welcomed Firefighter/ Paramedic Timm to the Montclair City family.

B. Introduction of New Police Officers
Police Chief Reed introduced four recently hired Police Officers:

Brandie Diaz, Angel Gutierrez, Anthony Maldonado, and Francisco Soberanes. Mayor Dutrey and Council Members welcomed the new Police Officers to the Montclair City family.

VI. PUBLIC COMMENT
 Ruby Long, Field Representative for San Bernardino County Fourth District Supervisor Curt Hagman, announced the Supervisor’s Office, in partnership with the City of Montclair, is hosting a free document shredding event at City Hall on Saturday, March 16, 2024, from 9:00 a.m. to noon.

VII. PUBLIC HEARINGS
A. Second Reading — Consider Adoption of Ordinance No. 24–1005 Amending Title 11 of the Montclair Municipal Code, Chapters

11.02 (Definitions), 11.38 (Development Standards Generally), and 11.77 (Administrative Permit) to allow Monitored Electrified Security Fences in Specified Commercial and Industrial Zones within City Limits (Case No. 2023–35)
Mayor Dutrey opened the public hearing and invited comments from the public.

MONTCLAIR CITY COUNCIL MEETING – 02/05/2024 Page 42 of 51

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – February 5, 2024 Page 2 of 10 Xavier Mendez, resident, spoke in favor of adopting Ordinance No. 24–1005 noting it will help small businesses to protect themselves.

Mayor Dutrey closed the public hearing and returned the matter to the City Council for its consideration.

ACTION – Public Hearings – Item A
ACTING: City Council
MOTION: Conduct the second reading of Ordinance No. 24–1005 by number and title only, waive further reading, and
adopt Ordinance No. 24–1005.

MADE BY:

SECOND BY:

Council Member Ruh
Council Member Lopez
AYES:

NOES:

ABSTAIN:

ABSENT:

Lopez, Martinez, Ruh, Johnson, Dutrey
None
None
None
RESULT: Motion carried 5–0.

B. Consider Projects and Prioritization of Funding for the Fiscal Year 2024–25 Community Development Block Grant Program
Mayor Dutrey opened the public hearing and invited comments from the public. There being no one in the audience wishing to speak, Mayor Dutrey closed the public hearing and returned the matter to the City Council for consideration.

Mayor Dutrey received clarification on CDBG Funding and how it applies to Consent Calendar Item C–2, Award of Contract to Sequel Contractors, Inc.

ACTION – Public Hearings – Item B
ACTING: City Council
MOTION: Approve the following projects and prioritization of funding for the Fiscal Year 2024–25 Community Development Block Grant Program:

Code Enforcement Program $ 50,000
Kingsley Street/Canoga Street
Alleyway Improvements 176,650
Graffiti Abatement 30,000
Senior Transportation Services
(Golden Express Transportation) 9,997

TOTAL $ 266,647
MADE BY:

SECOND BY:

Council Member Ruh
Mayor Pro Tem Johnson
AYES:

NOES:

ABSTAIN:

ABSENT:

Lopez, Martinez, Ruh, Johnson, Dutrey
None
None
None
RESULT: Motion carried 5–0.

MONTCLAIR CITY COUNCIL MEETING – 02/05/2024 Page 43 of 51

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – February 5, 2024 Page 3 of 10 VIII. CONSENT CALENDAR
ACTION – Consent Calendar
ACTING: City Council
Successor Agency Board
Montclair Housing Corporation Board
Montclair Housing Authority Commissioners
Montclair Community Foundation Board
DISCUSSION: Items C–1, C–2, C–4, C–5, and D–4
MOTION: Pull Item C–3 and approve the remainder of the Consent Calendar as presented.

MADE BY:

SECOND BY:

Mayor Pro Tem/Vice Chair Johnson
Council Member/Director Martinez
AYES:

NOES:

ABSTAIN:

ABSENT:

Lopez, Martinez, Ruh, Johnson, Dutrey
None
None
None
RESULT: Motion carried 5–0.

A. Approval of Minutes

1. Regular Joint Meeting — January 16, 2024
ACTION – Consent Calendar – Item A–1
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.

2. Consider Authorizing the Destruction of Certain Obsolete Public Records Pursuant to the City of Montclair Records Retention Schedule
ACTION – Consent Calendar – Item B–2
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

3. Consider Authorizing a $54,200 Appropriation from the Federal Asset Forfeiture Fund to Purchase Three New
Servers for the Police Department
ACTION – Consent Calendar – Item B–3
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

MONTCLAIR CITY COUNCIL MEETING – 02/05/2024 Page 44 of 51

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – February 5, 2024 Page 4 of 10

4. Consider Declaring a 2012 Toro GM4000 Wide Area Mower (Unit 410) as Irreparable and Authorizing its Disposal and Removal from Inventory
Xavier Mendez, resident, commented that he would like to see the City continue to keep maintenance services in–house rather than contracted out.

ACTION – Consent Calendar – Item B–4
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

5. Consider Authorizing an Allocation of up to $15,000 from Donation Funds from the Montclair Community Foundation
for the Purchase of Items for the 2024 Montclair to College Graduation Ceremony
ACTION – Consent Calendar – Item B–5
ACTING: Montclair Community Foundation
RESULT: Approved on Consent Calendar; motion carried 5–0.

C. Agreements

1. Consider Approval of Agreement Nos. 24–04, 24–05, and 24– 06 with Montclair Little League and Golden Girls Softball League for the use of Ball Field Facilities, Subject to Any Revisions Deemed Necessary by the City Attorney
Mayor Pro Tem Johnson received clarification that the fields will be ready in time before the start of the season.

Council Member Lopez asked if the City could extend the contracts until the end of the calendar year instead of the expiration date of August 31, 2024, as the Leagues’ prior practice is to come back to the City for the same use for winter.

Assistant City Manager/ Director of Human Services Richter informed the Council that a break in the contract is needed to address field maintenance and public usage issues.

ACTION – Consent Calendar – Item C–1
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0

2. Consider Award of Contract to Sequel Contractors, Inc. in the Amount of $2,696,433.75 for Construction of the Alleyway Improvements Project
Consider Approval of Agreement No. 24–08 with Sequel
Contractors, Inc. for the Construction of the Alleyway
Improvements Project, Subject to Any Revisions Deemed
Necessary by the City Attorney
Consider Authorizing a $966,433.75 Appropriation from the 2021 Lease Revenue Bond Fund for Costs Related to the
Construction of the Alleyway Improvements Project
Consider Authorizing a $270,000 Construction Contingency for the Alleyway Improvements Project
Xavier Mendez, resident, expressed concern that the City may not receive quality work by always accepting the lowest bid.

Council Member Lopez received clarification on funding sources for specific alleyways and timing of the project.

MONTCLAIR CITY COUNCIL MEETING – 02/05/2024 Page 45 of 51

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – February 5, 2024 Page 5 of 10 Mayor Dutrey asked how many alleys will be completed using CDBG funds.

Public Works Director Heredia advised that there are two alleys located at Canoga Street/Kingsley Street and the third is on Poulsen Avenue, South of Kingsley Street.

ACTION – Consent Calendar – Item C–2
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0

4. Consider Approval of Agreement No. 24–10 with Claremont Graduate University School of Community and Global Health to Implement a Field Internship Program for Master in Public Health and Applied Biostatics, and Doctorate in Public Health Students, Subject to Any Revisions Deemed Necessary by the City Attorney
Council Members Martinez and Ruh commented in support of the internship program agreement.

ACTION – Consent Calendar – Item C–4
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0

5. Consider Approval of Agreement No. 24–11 with Firehouse Subs Public Safety Foundation, Inc. Authorizing the Receipt of a Grant Award for $28,067.50 to Purchase Automated
External Defibrillators
Consider Authorizing City Manager Edward C. Starr to Sign Said Agreement
Xavier Mendez, resident, thanked Firehouse Subs for the grant and added he would love a Firehouse Subs location in Montclair.

Mayor Pro Tem Johnson expressed her gratitude to Firehouse Subs Public Safety Foundation for the grant award that will aid in the purchase of AEDs.

ACTION – Consent Calendar – Item C–5
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0

6. Consider Approval of Agreement No. 24–15 with the San Bernardino County Office of Emergency Services Authorizing the Receipt of $16,021 from the Fiscal Year 2022 Homeland Security Grant Program
Consider Authorizing City Manager Edward C. Starr to Sign Said Agreement
Consider Authorizing a $16,021 Appropriation from the
Public Safety Grant Fund to Purchase a Firewall and a
Maintenance Service Agreement for the Police Station and Fire Station
ACTION – Consent Calendar – Item C–6
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0 MONTCLAIR CITY COUNCIL MEETING – 02/05/2024 Page 46 of 51

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – February 5, 2024 Page 6 of 10

7. Consider Approval of Agreement No. 24–16 with the United States Department of Energy to Accept the Energy Efficiency and Conservation Block Grant Equipment Rebate Voucher Award Consider Authorizing Public Works Director Monica Heredia to Sign Said Agreement and Other Program–Related Documents ACTION – Consent Calendar – Item C–7
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0 D. Resolutions

1. Consider Adoption of Resolution No. 24–3426 Authorizing Placement of Liens on Certain Properties for Delinquent Sewer and Trash Charges
ACTION – Consent Calendar – Item D–1
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0

2. Consider Adoption of Resolution No. 24–3427 Rescinding and Superseding Resolution No. 23–3424 Identifying and
Correcting Updated Terms and Conditions for a Fire
Department Response Away from its Official Duty Station when Assigned to an Emergency Incident and Modifying
Language at the Direction of the State of California
Governor’s Office of Emergency Services
ACTION – Consent Calendar – Item D–2
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0

3. Consider Adoption of Resolution No. 24–3428 Declaring that Certain Real Property Located at 9795 Central 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. 24–3429 Approving
Agreement No. 24–12, an Affordable Housing Agreement
with the Montclair Housing Authority and the Montclair
Housing Corporation; Authorizing the Transfer of 9795
Central Avenue, Montclair, to the Montclair Housing
Authority for use as an Affordable Housing Unit
ACTION – Consent Calendar – Item D–3
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0 Consider Adoption of MHC Resolution No. 24–01 Approving Agreement No. 24–12, an Affordable Housing Agreement with the City of Montclair and the Montclair Housing Authority ACTION – Consent Calendar – Item D–3
ACTING: Montclair Housing Corporation Board
RESULT: Approved on Consent Calendar; motion carried 5–0 MONTCLAIR CITY COUNCIL MEETING – 02/05/2024 Page 47 of 51

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – February 5, 2024 Page 7 of 10 Consider Adoption of MHA Resolution No. 24–01 Approving Agreement No. 24–12, 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 $100,000 Appropriation from the
Housing Trust Fund for Rehabilitation of the Property
Located at 9795 Central Avenue, Montclair
ACTION – Consent Calendar – Item D–3
ACTING: Montclair Housing Authority Commissioners
RESULT: Approved on Consent Calendar; motion carried 5–0

4. Consider Adoption of Resolution No. 24–3430 Authorizing the Appointment of Merry Westerlin as a Retired Annuitant into the Temporary Part–Time Position of Building Official Pursuant to Government Code Section 21221(h) Effective
February 6, 2024
Consider Authorizing the Commencement of a Recruitment
for a Permanent Building Official on February 6, 2024
Xavier Mendez, resident, stated his heart goes out to Building Official Michael Dorsey’s family, friends, and City family.

Mayor Dutrey thanked Merry Westerlin for assisting the City during this difficult time.

ACTION – Consent Calendar – Item D–4
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0 IX. PULLED CONSENT CALENDAR ITEMS
C. Agreements

3. Consider Approval of Agreement No. 24–09 with Blais & Associates, Inc. For Grant Writing Services, Subject to Any Revisions Deemed Necessary by the City Attorney
Consider Authorizing a $100,000 Appropriation from the
Contingency Reserve Fund for Costs Related to Agreement No. 24–09
Xavier Mendez, resident, commented that he was under the impression that grant writing was completed in–house.

Council Member Lopez stated he will abstain from voting, as he works with a competitor of Blais & Associates, Inc.

ACTION – Consent Calendar – Item C–3
ACTING: City Council
MOTION: Approve Item C–3
MADE BY:

SECOND BY:

Council Member Ruh
Mayor Pro Tem Johnson
AYES:

NOES:

ABSTAIN:

ABSENT:

Martinez, Ruh, Johnson, Dutrey
None
Lopez
None
RESULT: Motion carried 4–0–1 (Lopez Abstained)
MONTCLAIR CITY COUNCIL MEETING – 02/05/2024 Page 48 of 51

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – February 5, 2024 Page 8 of 10 X. RESPONSE
A. Consider Receiving the Response to an Inquiry from the City Council Regarding Costs Associated with, and Potential Dissemination of, a Public Information Communication to Montclair Households Addressing all Cost Components Related to Garcia/Fuentes v.

Lopez, Including Expenditures Related to Legal Claims, Conducting Investigations, Mediation, City Staff Services, Settlement with Plaintiffs and Litigation, and Other Matters Thereof; and Providing any Further Direction Thereto
Council Member Martinez commented on findings of the independent investigator that was hired to investigate allegations of misconduct by Council Member Lopez, stressing that these findings were not taken lightly by City Council, adding there has been no apology or recognition by Council Member Lopez. She furthered noted her observation that Council Member Lopez has acted in a way that is detrimental to the residents and she feels he needs to resign.

Mayor Dutrey stated that it is important for the public to be aware of this and would like to publish the staff reports pertaining to the City Council censure of Council Member Lopez and expenditures related to the matters of Garcia/Fuentes v. Lopez on the City’s website after the March 5, 2024 Primary Election, due to Council Member Lopez’s candidacy for the Republican Central Committee, and return to City Council at a later date with additional information on disseminating public information via email.

Council Member Lopez received clarification from City Clerk Myrick that staff reports within the agenda packet are currently available on the City’s website.

Mayor Pro Tem Johnson commented she is in support of posting the information separately on the City’s website, adding that when residents have questions about the details and impact of these lawsuits on the City, it would be nice to be able to direct them to one page with the information.

Council Member Ruh asked, why post the information again on the City’s website if this information is already in the posted agenda packets? He stated that he is not in favor of it based on his concern that this could be construed as electioneering. He added that this has already been fully covered by newspaper articles published in the Inland Valley Daily Bulletin.

ACTION – Response – Item A
ACTING: City Council
MOTION: Publish staff reports pertaining to the City Council censure of Council Member Ben Lopez and expenditures related to the matters of Garcia/Fuentes v. Lopez on the City website after the March 2024 primary election and return to City Council at a later date with additional information on
disseminating public information via e–mail.

MADE BY:

SECOND BY:

Mayor Dutrey
Council Member Martinez
AYES:

NOES:

ABSTAIN:

ABSENT:

Martinez, Johnson, Dutrey
Lopez, Ruh
None
None
RESULT: Motion carried 3–2.

Mayor Dutrey read an excerpt from a statement that was posted on the Chino Tea Party website, presumably written by Council Member Lopez, characterizing the City’s investigation, findings, and lawsuit as a political, personal, and financial attack by the “woke mob.” He reiterated findings of the independent investigator that was hired to investigate allegations of misconduct by Council Member Lopez. He further commented on the lack of participation and attendance of Council Member Lopez at various mediations and sexual harassment trainings, and is in agreeance that he needs to resign.

MONTCLAIR CITY COUNCIL MEETING – 02/05/2024 Page 49 of 51

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – February 5, 2024 Page 9 of 10 XI. COMMUNICATIONS
A. Department Reports — None
B. City Attorney — None
C. City Manager/Executive Director
City Manager/Executive Director Starr gave a brief report on a meeting with representatives from the City of Montclair, San Bernardino County Transportation Authority, Metro Gold Line Foothill Extension Construction Authority, and LA Metro to discuss the extension of the Gold Line to Montclair, adding that $500 million has already been approved by the State of California.

D. Mayor/Chair

1. Mayor/Chair Dutrey announced the City Council will be holding a special meeting on February 21, 2024 at 6:00 p.m. to discuss the Midyear Budget Review.

2. Mayor/Chair Dutrey recognized February as Black History Month and complimented the 2nd Annual Black History Fair hosted by Christian Development Center that was held at the Alma
Hofman Park on Saturday, February 3, 2024; added that
February is American Heart Month and President’s Day is on Monday, February 19, 2024; recognized Montclair High
School’s girls’ water polo and wrestling teams, and boys’ and girls’ basketball and soccer teams for qualifying for CIF, and the boys soccer team for qualifying for the Open League, the highest league in CIF; and announced that City of Colton Mayor Frank Navarro replaced him as Chair of the Omnitrans Board.

E. Council Members/Directors

1. Council Member/Director Ruh pointed out that funding for the Gold Line extension will not come all at once and added that parking should be accessible and free of charge in perpetuity; commented on Black History Month; informed members of the public that February 10, 2024, is the start of the Chinese Lunar New Year, which is the Year of the Wooden Dragon; announced a scholarship opportunity for high school and college students from So. Cal. Gas Company, where fifteen $1,000 scholarships will be awarded, with an application deadline of March 19, 2024; and commented that February 14 is Ash Wednesday and the beginning of Lent.

2. Council Member/Director Lopez commented that he missed the February 1, 2024 grand re–opening of the Chamber of
Commerce at its new location, but heard it was a great event; commented on the 2nd Annual Black History Fair; reminded everyone that it will be raining until Friday and asked drivers to remain safe and drive slowly; advised residents to inform the City of any potholes, flooding, and downed trees or wires, and advised that residents can pick up ten free sandbags from the City Yard; stated Monte Vista Water District is sending a notice to all residents to be aware of impersonators claiming to be employees of the water district; congratulated and welcomed the four new Police Officers and spoke on cost savings due to the Police Department’s Hiring Bonus Program; spoke on a meeting with City staff to discuss the Housing Trust Fund; and received clarification on political sign size limitations in the City.

3. Mayor Pro Tem/Vice Chair Johnson thanked Economic
Development Director Fuentes for his assistance with the Chamber of Commerce relocation and thanked those who
attended the grand re–opening event; spoke on the 2nd Annual Black History Fair and thanked Police Chief Reed for having a MONTCLAIR CITY COUNCIL MEETING – 02/05/2024 Page 50 of 51

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – February 5, 2024 Page 10 of 10 table for the Montclair Police Department at the event; additionally thanked Council colleagues Ruh and Martinez, City Manager Starr and Assistant City Manager/Director of Human Services Richter for their attendance at the Black History Fair; and spoke on recent reports of homeless encampments at the Montclair Transcenter.

4. Council Member/Director Martinez recognized Mayor Pro Tem Johnson for all of the hard work she puts into volunteering for the Chamber of Commerce; welcomed the new
Firefighter/Paramedic and Police Officers; and congratulated promoting Fire personnel.

F. Committee Meeting Minutes
The following committee minutes were received and filed for informational purposes:

1. Personnel Committee – January 16, 2024
XII. ADJOURNMENT
At 8:33 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 Montclair Building Official Michael Dorsey.

MONTCLAIR CITY COUNCIL MEETING – 02/05/2024 Page 51 of 51