CITY OF MONTCLAIR
CITY COUNCIL
SUCCESSOR REDEVELOPMENT AGENCY,
MONTCLAIR HOUSING CORPORATION, MONTCLAIR
HOUSING AUTHORITY, AND MONTCLAIR COMMUNITY
FOUNDATION MEETINGS
AGENDA
MONDAY, MARCH 21, 2022
7:00 p.m.
Location
Council Chamber
5111 Benito Street
Montclair, CA 91763
Webinar Link
https://zoom.us/j/93717150550
Dial #
1–669–900–6833
Meeting ID
937–1715–0550
Mayor
Javier “John” Dutrey
Mayor Pro Tem
Bill Ruh,
Council Members
Tenice Johnson
Corysa Martinez
Benjamin “Ben” Lopez
City Manager
Edward C. Starr
City Attorney
Diane E. Robbins
City Clerk
Andrea M. Myrick
REGULAR JOINT MEETING OF THE
CITY COUNCIL, SUCCESSOR AGENCY, MONTCLAIR HOUSING CORPORATION,
MONTCLAIR HOUSING AUTHORITY, AND MONTCLAIR COMMUNITY FOUNDATION to be held in the Council Chambers
5111 Benito Street, Montclair, California
Monday, March 21, 2022
7:00 p.m.
Remote Participation Information:
Zoom Link: https://zoom.us/j/93717150550
Dial Number: 1 (669) 900–6833
Meeting ID: 937–1715–0550
If you want to submit a public comment or speak on an agenda item, including public hearing and closed session items, please complete a Speaker Card in the Council Chambers or online at https://www.cityofmontclair.org/public-comment/. The Mayor/Chair (or the meeting’s Presiding Officer) will call on those who submitted requests to speak at the appropriate times during the meeting. Those who did not submit a request to speak who are present at the meeting location may raise their hand during Public Comment to request to speak. Those participating remotely may request speak using the “raise hand” function in Zoom or may dial *9 if on the phone, and then *6 to un–mute when called on to speak. Written comments (200–word limit per agenda item, and 200–word limit for all non–agenda items combined) and requests to speak can also be emailed to [email protected] at least one hour before the meeting begins.
Video recordings of Council meetings are available on the City's website at https://www.cityofmontclair.org/council-meetings/ and can be accessed by the end of the business day following the meeting.
AGENDA
I. CALL TO ORDER City Council [CC], Successor Agency Board [SA], Montclair Housing Corporation Board [MHC],
Montclair Housing Authority Commission [MHA],
Montclair Community Foundation Board [MCF]
II. INVOCATION
In keeping with our long–standing tradition of opening our Council meetings with an invocation, this meeting may include a nonsectarian invocation. Such invocations are not intended to proselytize or advance any faith or belief or to disparage any faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation.
III. PLEDGE OF ALLEGIANCE
IV. ROLL CALL
V. PRESENTATIONS — None
VI. PUBLIC COMMENT
During Public Comment, you may comment on any subject that does not appear on this agenda. Each speaker has up to five minutes. The meeting’s presiding officer may provide more or less time to accommodate speakers with special needs or a large number of speakers waiting in line. (Government Code Section 54954.3).
If you did not submit a Speaker Card and would like to speak on an item on the Consent Calendar, please raise your hand during Public Comment to announce the agenda item you would like to provide comments on. The presiding officer will pull the item from the Consent Calendar and will then call on you to speak at the time of the item’s consideration.
Under the provisions of the Brown Act, the meeting bodies are prohibited from participating in substantial discussion of or taking action on items not listed on the agenda.
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MONTCLAIR CITY COUNCIL MEETING – 03/21/2022 Page 1 of 94 Page No.
VII. PUBLIC HEARINGS
A. Second Reading – Consider Adoption of Ordinance No. 22–1000 Adopting a Policy for the Use of Military Equipment by the Montclair Police Department [CC] 4
VIII. CONSENT CALENDAR
A. Approval of Minutes
1. Adjourned Special Meeting — March 7, 2022 [CC] 87
2. Regular Joint Meeting — March 7, 2022 [CC/SA/MHC/MHA/MCF] 88 B. Administrative Reports
1. Consider Receiving and Filing of Treasurer’s Report [CC] 22
2. Consider Approval of Warrant Registers & Payroll Documentation [CC] 23
3. Consider Receiving and Filing of Treasurer’s Report [SA] 24
4. Consider Approval of Warrant Register [SA] 25
5. Consider Receiving and Filing of Treasurer’s Report [MHC] 26
6. Consider Approval of Warrant Register [MHC] 27
7. Consider Receiving and Filing of Treasurer’s Report [MHA] 28
8. Consider Approval of Warrant Register [MHA] 29
9. Consider Receiving and Filing a Final Status Report on Emergency Contracting Procedures for the Pacific Electric Trail Bridge Replacement Project [CC]
Consider Declaring Termination of the Emergency Action Authorized on April 19, 2021 Related to the Pacific Electric Trail Bridge Replacement Project [CC] 30
10. Consider Rejecting All Bids for Construction of the Modular Restroom Facility at the Montclair Transcenter Project [CC]
Consider Authorizing Staff to Modify the Plans and Specifications and ReAdvertise for Bid Proposals for Construction of the Modular Restroom Facility at the Montclair Transcenter Project [CC] 32
11. Consider Declaring a 1991 GMC Sewer Jetter Truck as Surplus and Available for Auction [CC] 34
12. Consider Declaring Certain City Property as Surplus and Available for Auction or Destruction [CC] 35
13. Consider Approval of the Fiscal Year 2021–22 Schedule of Recommendations from the Community Activities Commission for Community Benefits Funding [CC] 47
C. Agreements
1. Consider Approval of Agreement No. 22–19 with San Bernardino County Service Area 70 Consolidated Fire District for a Household Hazardous Waste Collection Facilities Program [CC] 51
MONTCLAIR CITY COUNCIL MEETING – 03/21/2022 Page 2 of 94 Page No.
2. Consider Authorizing Compliance Review of the Montclair Housing Authority’s Existing Affordable Housing Agreements [MHA] Consider Approval of Agreement No. 22–21 with the Strickler Association to Conduct Compliance Review of Existing Affordable Housing Agreements Subject to Any Revisions Deemed Necessary by the City Attorney [CC] 58
D. Resolutions
1. Consider Adoption of Resolution No. 22–3340 Opposing the Potential Forthcoming Statewide Ballot Measure, the “Taxpayer Protection and Government Accountability Act” [CC] 75
IX. PULLED CONSENT CALENDAR ITEMS
X. BUSINESS ITEMS
A. Consider Discussing and Providing Direction Regarding Consideration of a Resolution of Censure Disapproving and Censuring Certain Conduct and Behavior of Montclair City Council Member Benjamin Lopez and Ratifying Protective Actions Taken, and Recommended, by the City Manager [CC] 78 XI. COUNCIL WORKSHOP
A. Discussion of Audit Responsibilities and Process with Governing Board of the City (Audit Committee) by Van Lant & Fankhanel, LLP, the City’s Independent Auditing Firm
(The City Council may consider continuing this item to an adjourned meeting on Monday, April 4, 2022, at 5:45 p.m. in the City Council Chambers) XII. COMMUNICATIONS
A. Department Reports — None
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 — March 7, 2022 [CC] 86
XIII. ADJOURNMENT
The next regular joint meeting of the City Council, Successor Agency Board, Montclair Housing Corporation Board, Montclair Housing Authority Commission, and Montclair Community Foundation Board will be held on Monday, April 4, 2022, at 7:00 p.m.
Reports, backup materials, and additional materials related to any item on this Agenda distributed to the meeting bodies after publication of the Agenda packet are available for public inspection in in the Office of the City Clerk between 7:00 a.m. and 6:00 p.m., Monday through Thursday. Please call the City Clerk’s Office at (909) 625–9416 or send an e–mail to [email protected] to request documents via e–mail.
If you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (909) 625–9416 or e–mail [email protected]. Notification prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35.102–35.104 ADA Title II)
I, Andrea M. Myrick, City Clerk, hereby certify that I posted, or caused to be posted, a copy of this Agenda not less than 72 hours prior to this meeting on the City’s website at https://www.cityofmontclair.org/agendas/ and on the bulletin board adjacent to the north door of Montclair City Hall at 5111 Benito Street, Montclair, CA 91763 on Thursday, March 17, 2022.
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MONTCLAIR CITY COUNCIL MEETING – 03/21/2022 Page 3 of 94
CITY COUNCIL
AGENDA REPORT
DATE: MARCH 21, 2022
SECTION: PUBLIC HEARINGS
ITEM NO.: A
FILE I.D.: PDT360
DEPT.: POLICE
PREPARER: J. MICHEL
SUBJECT: SECOND READING – CONSIDER ADOPTION OF ORDINANCE NO. 22–1000 ADOPTING
A POLICY FOR THE USE OF MILITARY EQUIPMENT BY THE MONTCLAIR POLICE
DEPARTMENT
REASON FOR CONSIDERATION: A recently–implemented state law requires local Police Departments to adopt a new military equipment use policy via ordinance. Staff has drafted the new policy and Ordinance No. 22–1000 adopting the policy.
The City Council adopts ordinances to make changes to the Montclair Municipal Code (MMC) and set local regulations. Adopting an ordinance requires two readings, each held at separate public hearings before the City Council. An ordinance may be adopted only after the second reading is held at a regular City Council meeting occurring at least five days after the introduction of the proposed ordinance. If substantial changes to the ordinance are approved, the amended ordinance must be re–introduced at a public hearing at least five days prior to conducting the second reading and adopting the ordinance.
On March 7, 2022, the City Council conducted a public hearing for the first reading on the proposed adoption of the policy for the use of military equipment by the Montclair Police Department, and thereafter set a public hearing for a second reading on March 21, 2022. The City Council is requested to conduct the second reading of Ordinance No. 22– 1000 and consider adoption of the Ordinance.
Proposed Ordinance No. 22–1000 and the draft Montclair Police Department Military Equipment Policy are attached for City Council review and consideration.
BACKGROUND: On September 30, 2021, Governor Newsom signed into law seven major peace officer reform bills, including Assembly Bill 481, which was authored by Assembly member David Chieu (D–San Francisco) to address the funding, acquisition, and use of items lawmakers deem to be considered military equipment.
This bill requires law enforcement agencies, including the Montclair Police Department, “to obtain approval of the applicable governing body, by adoption of a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined.” Furthermore, AB 481 requires similar approval for the continued use of military equipment acquired by the Montclair Police Department prior to January 1, 2022, and allows the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the equipment meets specified standards. AB 481 requires each law enforcement agency’s governing body to adopt a written military equipment use policy by ordinance in a public forum by April 30, 2022, to continue using this previously acquired military equipment, effective May 1, 2022.
MONTCLAIR CITY COUNCIL MEETING – 03/21/2022 Page 4 of 94 AB 481 Definition of Military Equipment (Government Code 7070) Assembly Bill 481 has created Government Code 7070 to designate the following 15 categories of items as military equipment:
Category 1: Unmanned, remotely piloted, powered aerial or ground vehicles Category 2: Mine–resistant ambush–protected vehicles or armored personnel carriers
Category 3: High mobility multipurpose wheeled vehicles (HMMWV), two–and– one–half–ton trucks, five–ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached
Category 4: Tracked armored vehicles that provide ballistic protection to their occupants
Category 5: Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units Category 6: Weaponized aircraft, vessels, or vehicles of any kind Category 7: Battering rams, slugs, and breaching apparatuses that are explosive in nature
Category 8: Firearms and ammunition of .50 caliber or greater, excluding standard–issue shotguns and standard–issue shotgun ammunition Category 9: Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code §30515, with the exception of standard–issue handguns Category 10: Any firearm or firearm accessory that is designed to launch explosive projectiles
Category 11: Noise–flash diversionary devices and explosive breaching tools Category 12: Munitions containing tear gas or OC, excluding standard, service– issued handheld pepper spray
Category 13: TASER® Shockwave, microwave weapons, water cannons, and long– range acoustic devices
Category 14: Kinetic energy weapons and munitions
Category 15: Any other equipment as determined by a governing body or a state agency to require additional oversight
The Montclair Police Department is currently in possession of items in Categories 2, 5, 9, 12, 13, and 14 from the above list.
In accordance with the procedure set forth under AB 481, the Police Department’s draft Military Equipment Policy §707 was first made available on the Police Department’s website on February 3, 2022—more than 30 days before the public meeting at which the policy is to be first considered by the City Council. The draft Military Equipment Policy includes a list of newly defined military equipment currently in the Montclair Police Department’s possession. The city’s website provides a means for the public to submit complaints, concerns, or questions about the use of each specific type of military equipment.
MONTCLAIR CITY COUNCIL MEETING – 03/21/2022 Page 5 of 94 AB 481 Approval of the Military Equipment Use Policy (Government Code 7070) Subsection (d)(1) of GC 7070 states the following:
“The governing body shall only approve a military equipment use policy pursuant to this chapter if it determines all of the following:
(A) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (B) The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.
(C) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. (D) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.”
The military equipment identified in the Military Equipment Policy is necessary because there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety. The Military Equipment Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties. The military equipment identified in the Military Equipment Policy is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. All prior military equipment use complied with the City’s policies that were in effect at the time. Additionally, all items currently in possession of the Montclair Police Department have been approved during the associated budgetary periods commensurate with the items purchased.
AB 481 Annual Reporting Requirements (Government Code 7072) Should the Police Department receive approval from the City Council for a military equipment use policy pursuant to Government Code Section 7071, the Police Department will submit an annual report for each type of military equipment used within one year of approval, and annually thereafter.
At a minimum, and as required by Government Code Section 7072(a), the report will include the following:
(1) A summary of how the military equipment was used and the purpose of its use. (2) A summary of any complaints or concerns received concerning the military equipment. (3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.
(4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
(5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
Should the City Council choose to adopt proposed Ordinance No. 22–1000, AB 481 would require the City Council to review the ordinance at least annually and vote on whether to renew the ordinance. This would include a review of whether each type of military equipment identified in the annual report provided by the Police Department has complied with the standard for approval. The Police Department’s annual report would include the use of military equipment, any complaints received, any internal audits or other information about violations of the Montclair Police Department Military Equipment MONTCLAIR CITY COUNCIL MEETING – 03/21/2022 Page 6 of 94 Use Policy §707, and the cost of such use and other similar information. The Police Department’s webpage would be utilized for distribution of any updates to the above materials, as well as the annual report. If approved by the City Council, the Police Department’s first annual report would be distributed on or around March 2023.
Conclusion
Staff believes the proposed Ordinance and Policy of the Police Department is compliant with the State regulations as described under AB 481. The intent of AB 481 is to increase transparency, accountability, and oversight surrounding the use of military equipment.
Moreover, the military equipment currently in use by the Police Department provides police officers equipment essential to day–to–day patrol operations, responses to critical incidents, and protects and promotes the welfare and safety of the community we serve.
Accordingly, staff recommends City Council approval of the proposed Ordinance and Policy of the Police Department.
Environmental Review
This ordinance is not a project within the meaning of Section 15378 of the California Environmental Quality Act (CEQA) Guidelines because it has no potential to result in physical change in the environment, directly or indirectly. This ordinance is also exempt under CEQA Guideline 15061(b)(3) because it can be seen with certainty that there is no possibility that the ordinance may have a significant effect on the environment.
FISCAL IMPACT: Adoption of Ordinance No. 22–1000 and Policy 707 for the use of military equipment by the Montclair Police Department would create no direct fiscal impact to the City’s General Fund. Indirect costs would include staff time for compiling reports and responding to complaints in connection with the policy.
RECOMMENDATION: Staff recommends the City Council adopt Ordinance No. 22–1000 adopting a policy for the use of military equipment by the Montclair Police Department.
MONTCLAIR CITY COUNCIL MEETING – 03/21/2022 Page 7 of 94 SECOND
READING
03/21/2022
Ordinance No. 22–1000 Page 1 of 2
ORDINANCE NO. 22–1000
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MONTCLAIR ADOPTING A POLICY FOR THE USE OF MILITARY
EQUIPMENT BY THE MONTCLAIR POLICE DEPARTMENT
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, relating to the use of military equipment by law enforcement agencies; and
WHEREAS, Assembly Bill No. 481 (AB 481), codified as Government Code sections 7070 through 7075, requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a “military equipment” use policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment. The term “military equipment” is defined in California Government Code section 7070; and WHEREAS, AB 481 allows the governing body of a city to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations; and
WHEREAS, the proposed military equipment use policy is attached hereto as Exhibit “A” and incorporated herein by this reference (the “Military Equipment Policy”); and
WHEREAS, the Military Equipment Policy was published on the Montclair Police Department’s internet website on February 3, 2022, more than 30 days before the Military Equipment Policy was first considered at a public hearing before the City Council on March 7, 2022; and
WHEREAS, the Military Equipment Policy meets the requirements of California Government Code section 7070, subdivision (d).
THE CITY COUNCIL OF THE CITY OF MONTCLAIR DOES HEREBY ORDAIN AS FOLLOWS:
SECTION I. Recitals. The above recitals are hereby declared to be true and correct and represent the findings of the City Council made in exercise of its independent judgement.
SECTION II. Determinations. Based on the above facts, in addition to information provided to the City Council at the public meeting, the City Council approves and adopts the Military Equipment Policy, based on the following findings:
1. The military equipment identified in the Military Equipment Policy is necessary because there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety.
2. The Military Equipment Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.
3. The military equipment identified in the Military Equipment Policy is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
4. All prior military equipment use complied with the City’s policies that were in effect at the time.
SECTION III. Environmental Review. This Ordinance is not a project within the meaning ofSection 15378 of the California Environmental Quality Act (CEQA) Guidelines because it has no potential to result in physical change in the environment, directly or indirectly. This Ordinance is also exempt under CEQA Guideline 15061(b)(3) because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment.
SECTION IV. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or MONTCLAIR CITY COUNCIL MEETING – 03/21/2022 Page 8 of 94 SECOND
READING
03/21/2022
Ordinance No. 22–1000 Page 2 of 2
phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional.
SECTION V. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after passage.
SECTION VI. Posting. The City Clerk shall certify to the passage of this Ordinance and cause the same to be posted pursuant to Government Code Section 36933.
APPROVED AND ADOPTED this XX day of XX, 2022.
Mayor
ATTEST:
City Clerk
I, Andrea M. Myrick, City Clerk of the City of Montclair, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance No. 22–1000 of said City, which was introduced at a regular meeting of the City Council held on the XX day of XX, 2022, and finally passed not less than five (5) days thereafter on the XX day of XX, 2022, by the following vote, to–wit:
AYES: XX
NOES: XX
ABSTAIN: XX
ABSENT: XX
Andrea M. Myrick
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 03/21/2022 Page 9 of 94 Policy
707 Montclair Police Department
Montclair PD Policy Manual
Copyright Lexipol, LLC 2022/02/03, All Rights Reserved.
Published with permission by Montclair Police Department ***DRAFT*** Military Equipment - 1 Military Equipment
707.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
707.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):
Governing body – The elected or appointed body that oversees the Department.
Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
EXHIBIT A
MONTCLAIR CITY COUNCIL MEETING – 03/21/2022 Page 10 of 94 Montclair Police Department
Montclair PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/02/03, All Rights Reserved.
Published with permission by Montclair Police Department ***DRAFT*** Military Equipment - 2 707.2 POLICY
It is the policy of the Montclair Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 707.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Montclair Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
1. Publicizing the details of the meeting.
2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
707.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:
[Insert attachment here] See attachment: Military Equipment Inventory 020322.pdf 707.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
MONTCLAIR CITY COUNCIL MEETING – 03/21/2022 Page 11 of 94 Montclair Police Department
Montclair PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/02/03, All Rights Reserved.
Published with permission by Montclair Police Department ***DRAFT*** Military Equipment - 3 (a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 707.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy. 707.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).
The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 707.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
MONTCLAIR CITY COUNCIL MEETING – 03/21/2022 Page 12 of 94 Montclair PD Policy Manual
Copyright Lexipol, LLC 2022/02/03, All Rights Reserved.
Published with permission by Montclair Police Department ***DRAFT*** Attachments - 4 Attachments
MONTCLAIR CITY COUNCIL MEETING – 03/21/2022 Page 13 of 94 Attachment
Montclair PD Policy Manual
Copyright Lexipol, LLC 2022/02/03, All Rights Reserved.
Published with permission by Montclair Police Department ***DRAFT*** Military Equipment Inventory 020322.pdf - 5 Military Equipment Inventory 020322.pdf
Military Equipment Inventory 020322.pdf
MONTCLAIR CITY COUNCIL MEETING – 03/21/2022 Page 14 of 94
Montclair Police Department
Military Equipment List
1. Armored Personnel Carrier, vehicle with entry apparatus attached (Category 2) a. Quantity, Description, Capabilities, and Purchase Cost:
One (1) “Peacekeeper” brand Armored Rescue Vehicle, Cadillac Gage Peacekeeper, built on a 1980 Dodge chassis; Cost: Obtained through the California State Agency for Surplus Property in 2002 as non-operable, and refurbished through donations by various local vendors; The Peacekeeper is designed to provide ballistic protection during tactical events (designed to withstand multiple bullet strikes from small arms fire as well as low level explosions). Equipped with emergency lights/siren and a public address system. Common uses for the Peacekeeper include citizen and officer rescues, evacuations, and the deployment of officers and approved equipment. The Peacekeeper is a regional mutual-aid asset that has been requested and deployed to surrounding cities as well as public community outreach events for display.
b. Purpose:
To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, assist in resolving critical incidents, or display at a community event that is taking place. c. Authorized Use:
The use of armored vehicles shall only be authorized by a Watch Commander based on the specific circumstances of a given critical incident. Armored vehicles shall be used only by officers trained in their deployment and in a manner consistent with Department policy and training.
d. Expected Lifespan:
25 years (Expired) Due for replacement.
e. Fiscal Impact:
Annual maintenance cost estimated between $0 and $1000 annually
2. Command and Control Vehicles (Category 5)
a. Quantity, Description, Capabilities, and Purchase Cost:
One (1) Model Year 2014 “Ultra Haulers” brand Command Trailer; Cost:
$37,286,. The Command Trailer is a mobile command post and an equipment storage trailer. Computerized screen used for tracking operations or projecting public information on the exterior. Desk with radios for dispatch on the interior.
MONTCLAIR CITY COUNCIL MEETING – 03/21/2022 Page 15 of 94 Several storage areas for the different equipment used by department members. Water, generator, tables, chairs and televisions. b. Purpose:
To be used based on the specific circumstances of a given critical incident, large event, natural disaster, or display at a community event that is taking place. c. Authorized Use:
The Command Trailer shall be used by officers trained in it deployment and in a manner consistent with Department policy and training. The driver of the vehicle towing the trailer shall have a valid California driver’s license. d. Expected Lifespan:
25 Years
e. Fiscal Impact:
Annual maintenance cost estimated between $0 and $1000 annually.
3. Specialized Firearms and Ammunition (Category 9)
a. Quantity, Description, Capabilities, and Purchase Cost:
Twenty-four (24) Colt Carbine Rifle LE6945CQB firearms, capable of accurately stopping an armed subject at various distances. The Colt Carbine Rifle is a lightweight, air-cooled, gas operated, magazine fed, shoulder fired weapon, designed for semi-automatic fire. The Carbine Rifle does not have an expiration and will need to be serviced or replaced when the rifle fails or breaks. The 5.56 NATO cartridge is used as a lethal option designed to stop a violent encounter.
The projectile is capable of penetrating soft body armor worn by armed subjects.
Cost: The purchase of the rifles was a “$0” cost in 2015, as the Department was credited for an exchange of previously owned rifles. Optics for $9,795 and suppressors for $7,694 were purchased to make the rifle patrol ready.
I. The Hornady 5.56 NATO, 75 grain, BTHP T2 Tap Precision cartridge is the primary duty ammunition deployed during potential lethal encounters.
b. Purpose:
To be used as precision weapons to address a threat with more precision and/or at greater distances than a handgun, if present and feasible within Department Policy and Applicable Law
c. Authorized Use:
Only members that are POST certified Peace Officers, and have completed the POST Firearms / Tactical Rifle Course
d. Expected Lifespan:
I. Carbine Rifle – No expiration.
II. The Hornady 5.56 NATO, 75 grain BTHP T2 TAP – No expiration. e. Fiscal Impact:
I. Carbine Rifle – Annual cost between $0 - $1000.
II. The Hornady 5.56 NATO, 75 grain BTHP T2 TAP– Annual cost between $0 -$1,380 for all rifles combined, duty ammunition, excluding training rounds.
MONTCLAIR CITY COUNCIL MEETING – 03/21/2022 Page 16 of 94
4. Tear Gas (Category 12)
a. Quantity, Description, Capabilities, and Purchase Cost:
Various Quantities of Chemical agent munitions, which are commonly referred to as “tear gas,” are used by the Montclair Police Department as a non-lethal tool to disperse rioting suspects and on barricaded suspects per Montclair Police Department Policy and applicable law. The Montclair Police Department uses chemical agents which are used by law enforcement across the United States: CS (2 Chlorobenzylidenemalononitrile) and OC (Oleoresin Capsicum). CS is an irritating agent and lachrymator (irritates the eyes and causes tears to flow). CS has been medically tested in the UK and US, specifically by the U.S. Army. There are no known allergic reactions to CS. OC was de-regulated in California in 1996, is endorsed by the FBI, and is available to civilians to legally possess (2.5 oz. or less). OC is an inflammatory agent which causes involuntary closure of eyes (open in 2-5 minutes) and respiratory inflammation (subsides in approximately 2 minutes).
I. Pocket Tactical SAF-Smoke White™ – Pyrotechnic grenade emitting non-irritant SAF Smoke through multiple emission ports for 20 to 30 seconds to cover small areas. May be launched or handthrown Cost: $17.50 per munition.
II. SAF-Smoke White™ – Pyrotechnic grenade emitting non-irritant SAF Smoke through multiple emission ports for 30 to 40 seconds to cover large areas. May be launched or hand-thrown Cost: $33.83 per munition.
III. 8230 – Pyrotechnic canister grenade emitting CS smoke through multiple emission ports for 20 to 30 seconds. May be launched or hand-thrown. Cost: $17.50 per munition.
IV. 9230 – The 9230 CS Jet-Lite Rubber Ball Grenade is one of the smaller diameter burning grenades that discharges a high volume of chemical agents through multiple emission ports. Can be hand thrown. Cost:
$29.26 per munition.
V. 9590 – Stinger™ 32-Caliber Rubber Balls is designed to deliver rubber pellets from a handheld rubber ball grenade to disperse the intended target. Cost: $56.80 per munition.
VI. Spede-Heat SAF Smoke™ 40mm Short Range Round incorporates an aluminum shell and utilizes black powder as the propellant. The SpedeHeat™ 40mm Short Range Round is designed to deliver one dual-ported chemical canister from a 40mm launcher 75 yards to the intended target zone. Cost: $26.40 per munition.
VII. 4558 – 40mm Short Range Rubber Pellets incorporates an aluminum shell and utilizes black powder as the propellant. The 4558 40mm Short Range Round is designed to deliver 60 caliber rubber pellets from a 40mm launcher at close range to disperse the intended target. Cost:
$25.60 per munition.
VIII. 4233 – 40mm Short Range CS Round incorporates an aluminum shell and utilizes black powder as the propellant. The 4233 40mm Short Range Round is designed to deliver three multi-ported chemical canisters from a 40mm launcher 75 yards to the intended target zone.
Cost: $40.05 per munition.
IX. 5231 – CS Pyrotechnic grenade emitting CS smoke through three chemical canister that discharges a high volume of chemical agents through multiple emission ports to the intended target zone. Cost: $34.61 per munition.
MONTCLAIR CITY COUNCIL MEETING – 03/21/2022 Page 17 of 94 b. Purpose:
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less-lethal weapon systems may include, but are not limited to:
i. Self-destructive, dangerous and/or combative individuals. ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.
c. Authorized Use:
Only officers who have received POST certification or manufacturer-specific training in the use of chemical agents are authorized to use chemical agents. d. Expected Lifespan:
I. Pocket Tactical SAF-Smoke White™ – 5 years
II. SAF-Smoke White™ – 5 years
III. 8230 – 5 years
IV. 9230 – 5 years
V. 9590 – 5 years
VI. Spede-Heat SAF Smoke™ 40mm – 5 years
VII. 4558 – 5 years
VIII. 4233 – 5 years
IX. 5231 – 5 years
e. Fiscal Impact:
I. Pocket Tactical SAF-Smoke White™– Estimated between $0 and $140 annually.
II. SAF-Smoke White™ – Estimated between $0 and $271 annually.
III. 8230 – Estimated between $0 and $140 annually.
IV. 9230 – Estimated between $0 and $234 annually.
V. 9590 – Estimated between $0 and $341 annually.
VI. Spede-Heat SAF Smoke™ 40mm – estimated between $0 and $211 annually.
VII. 4558 – Estimated between $0 and $213 annually.
VIII. 4233 – Estimated between $0 and $641 annually.
IX. 5231 – Estimated between $0 and $347 annually.
5. PepperBall Launcher (Category 12)
a. Quantity, Description, Capabilities, and Purchase Cost:
Four (4) Launchers that a part of a system that uses high-pressure air to deliver PAVA powder projectiles (similar to a paintball delivery system). System capable of launching projectiles at a subject up to 60’. System capable of area saturation up to 160’. Non-lethal option to offer law enforcement officers to deliver chemical agents and kinetic energy impacts to subjects in a potentially violent encounter.
De-Escalation tool used to avoid further injuries or lethal options on a subject; Cost: Unknown as items were purchased @ 20 years ago. Due for Replacement.
I. PepperBall LIVE PROJECTILE, The basic PepperBall projectile contains 2.5 grams of PAVA pepper powder, and is designed for direct impact and area saturation, especially in confined, interior spaces. Discharged from a PepperBall Launcher, the projectile has a velocity of 280-350 FPS. The projectile has a direct impact MONTCLAIR CITY COUNCIL MEETING – 03/21/2022 Page 18 of 94 of 60 feet and an area of saturation of 150+feet. The projectile contains 0.5% PAVA Powder; Cost: $967.
II. PepperBall Glass Breaker Projectiles, a solid projectile used to shatter windows only. Discharged from a PepperBall Launcher, the projectile has a velocity of 280-350 FPS; Cost: $54. b. Purpose:
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less-lethal weapon systems may include but, are not limited to:
i. Self-destructive, dangerous and/or combative individuals. ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.
c. Authorized Use:
Only those officers who have been trained in the use of PepperBall launchers are authorized to use the PepperBall launchers.
d. Expected Lifespan:
I. PepperBall Launcher – No expiration
II. Live Projectile – 3 year
III. Glass Breaker Projectiles – No expiration
e. Fiscal Impact:
I. PepperBall Launcher – Estimated between $0 and $1000 annually.
II. Live Projectile – Estimated between $0 and $967 annually.
III. Glass Breaker Projectiles – Estimated between $0 and $54 annually.
6. Projectile Launch platforms and associated munitions (Category 14) a. Quantity, Description, Capabilities, and Purchase Cost:
Two (2) Defense Technology 40mm Single Launcher: Cost: Unknown, purchased @ 20 years ago. The Defense Technology 40mm Single Launcher is not a firearm, but a Less-Lethal launching system that uses smokeless powder to deliver 40MM projectiles from a safe distance. The Less-Lethal launcher is capable of launching 40MM munitions at a subject up to 40 yards. The LessLethal launcher is a single launcher, which allows the Officer to assess after every spent munition. Less-Lethal launcher does not have an expiration and will need to be serviced or replaced when the launcher fails or breaks.
I. The 40MM munition is a Direct Impact Spin Stabilized Smokeless Sponge Munition. The Sponge Baton munition is used as a LessLethal weapon designed to de-escalate a potentially violent encounter; Cost: $17.50 per unit.
b. Quantity, Description, Capabilities, and Purchase Cost:
Twenty-three (23) Remington 870 12 Gauge Multi-Shot Beanbag Launcher:
Cost: Unknown, purchased over 25 years ago. The Remington 870 12 Gauge Multi-Shot Beanbag Launcher is a converted Remington 870 used as a LessMONTCLAIR CITY COUNCIL MEETING – 03/21/2022 Page 19 of 94 Lethal launching system. The launching system uses smokeless powder to deliver a 12 gauge 40-gram lead-filled cotton-ballistic fiber blend projectile from a safe distance. The Less-Lethal launcher is capable of launching munitions at a subject up to 75 feet. The Less-Lethal launcher is a pump-action launcher, which allows the officer to assess after every spent munition. Less-Lethal launcher does not have an expiration and will need to be serviced or replaced when the launcher fails or breaks.
I. ALS1212T – 12 gauge 40-gram lead-filled cotton-ballistic fiber blend stabilized bean bag munition is designed to produce blunt trauma and pain compliance The bean bag munition is used as a Less-Lethal weapon designed to de-escalate a potentially violent encounter; Cost: $1,117.
c. Purpose:
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
d. Authorized Use:
Situations for use of the less-lethal weapon systems may include, but are not limited to:
i. Self-destructive, dangerous and/or combative individuals. ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.
e. Expected Lifespan:
I. 40mm Launcher: No expiration
II. 40mm Sponge Munition – 5 years
III. Bean Bag Launcher – 5 years
IV. Bean Bag Munitions – 5 years
f. Fiscal Impact:
I. 40mm Launcher – Estimated between $0 and $1000 annually II. 40mm Sponge Munition – Estimated between $0 and
$1000 annually.
III. Bean Bag Launcher – Estimated between $0 and $1000 annually.
IV. Bean Bag Munitions – Estimated between $0 and $1117 annually.
8. Long Range Acoustic Device (Category 13)
a. Quantity, Description, Capabilities, and Purchase Cost:
One (1). The Montclair Police Department shares a Genasys Systems Long Range Acoustic Device LRAD-1000 with the cities of Ontario, Chino, and Upland. The device is owned by the San Bernardino County Sheriff’s Department. The device is a power-efficient, long-distance communication system designed for applications ranging from critical infrastructure protection, border and port security, and search and rescue applications. It features a rugged carbon fiber emitter head integrated with electronics and amplification has an extremely high decibel capacity. The device is used as a less-lethal weapon for crowd control and broadcasting emergency messages; Cost: $0;
MONTCLAIR CITY COUNCIL MEETING – 03/21/2022 Page 20 of 94 b. Purpose:
To limit the escalation of conflict where deployment of higher force is prohibited or undesirable.
c. Authorized Use:
Only Montclair officers who are trained in the use of the device shall be authorized to deploy the device. Situations for use of the less lethal weapon system may include, but are not limited to:
i. Riot/crowd control and civil unrest incidents.
ii. Circumstances where a tactical advantage can be obtained. iii. Training exercises or approved demonstrations.
d. Expected Lifespan:
I. Long Range Acoustic Device: No expiration
e. Fiscal Impact:
I. Long Range Acoustic Device: $0 annually.
MONTCLAIR CITY COUNCIL MEETING – 03/21/2022 Page 21 of 94
CITY COUNCIL
AGENDA REPORT
DATE: MARCH 21, 2022
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 1
FILE I.D.: FIN520
DEPT.: FINANCE
PREPARER: J. KULBECK
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The City Council is requested to consider receiving and filing the City of Montclair Treasurer's Report for the month ending February 28, 2022.
BACKGROUND: Included in the City Council’s agenda packet is a copy of the Treasurer's Report for the period ending February 28, 2022.
FISCAL IMPACT: Routine—report of City's cash and investments.
RECOMMENDATION: Staff recommends the City Council receive and file the Treasurer's Report for the month ending February 28, 2022.
MONTCLAIR CITY COUNCIL MEETING – 03/21/2022 Page 22 of 94
CITY COUNCIL
AGENDA REPORT
DATE: MARCH 21, 2022
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 2
FILE I.D.: FIN540
DEPT.: FINANCE
PREPARER: L. LEW/V. FLORES
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTER AND PAYROLL DOCUMENTATION REASON FOR CONSIDERATION: The City Council is requested to consider approval of the Warrant Register and Payroll Documentation.
BACKGROUND: Mayor Pro Tem Ruh has examined the Warrant Register dated March 21, 2022, and the Payroll Documentation dated February 27, 2022, and recommends their approval.
FISCAL IMPACT: The Warrant Register dated March 21, 2022, totals $1,254,626.62.
The Payroll Documentation dated February 27, 2022 totals $641,209.04 gross, with $445,960.13 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 – 03/21/2022 Page 23 of 94
CITY COUNCIL
AGENDA REPORT
DATE: MARCH 21, 2022
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 3
FILE I.D.: FIN510
DEPT.: SA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The City Council acting as Successor to the Redevelopment Agency Board of Directors (Successor Agency Board) is requested to consider receiving and filing the Successor to the Redevelopment Agency Treasurer's Report for the month ending February 28, 2022, pursuant to state law.
BACKGROUND: Included in the Successor Agency Board’s agenda packet is a copy of the Successor to the Redevelopment Agency Treasurer's Report for the period ending February 28, 2022.
FISCAL IMPACT: Routine—report of the Successor Agency's cash.
RECOMMENDATION: Staff recommends the Successor Agency Board receive and file the Successor to the Redevelopment Agency Treasurer's Report for the month ending February 28, 2022.
MONTCLAIR CITY COUNCIL MEETING – 03/21/2022 Page 24 of 94
CITY COUNCIL
AGENDA REPORT
DATE: MARCH 21, 2022
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 4
FILE I.D.: FIN530
DEPT.: SA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTER
REASON FOR CONSIDERATION: The City Council acting as Successor to the Redevelopment Agency Board of Directors is requested to consider receiving and filing the Successor to the Redevelopment Agency Warrant Register for the month ending February 28, 2022, pursuant to state law.
BACKGROUND: Vice Chair Ruh has examined the Successor to the Redevelopment Agency Warrant Register dated 02.01.22–02.28.22 in the amounts of $7,657.00 for the Combined Operating Fund and $0.00 for the Redevelopment Obligation Retirement Funds, and finds it to be in order.
FISCAL IMPACT: Routine—report of Agency's obligations.
RECOMMENDATION: Vice Chair Ruh recommends the City Council as Successor to the Redevelopment Agency Board of Directors approve the Successor to the Redevelopment Agency Warrant Register for the period ending February 28, 2022.
MONTCLAIR CITY COUNCIL MEETING – 03/21/2022 Page 25 of 94
CITY COUNCIL
AGENDA REPORT
DATE: MARCH 21, 2022
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 5
FILE I.D.: FIN525
DEPT.: MHC
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The Montclair Housing Corporation Board of Directors is requested to receive and file the Montclair Housing Corporation Treasurer's Report for the month ending February 28, 2022, pursuant to state law.
BACKGROUND: Included in the Montclair Housing Corporation Board agenda packet is a copy of the Treasurer's Report for the period ending February 28, 2022.
FISCAL IMPACT: Routine—report of the Montclair Housing Corporation's cash and investments.
RECOMMENDATION: Staff recommends the Montclair Housing Corporation Board of Directors receive and file the Treasurer's Report for the month ending February 28, 2022.
MONTCLAIR CITY COUNCIL MEETING – 03/21/2022 Page 26 of 94
CITY COUNCIL
AGENDA REPORT
DATE: MARCH 21, 2022
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 6
FILE I.D.: FIN545
DEPT.: MHC
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTER
REASON FOR CONSIDERATION: The Montclair Housing Corporation Board of Directors is requested to consider receiving and filing the Warrant Register for the month ending February 28, 2022, pursuant to state law.
BACKGROUND: Vice Chair Ruh has examined the Warrant Register dated 02.01.22–
02.28.22 in the amount of $56,674.15 for the Montclair Housing Corporation and finds it to be in order.
FISCAL IMPACT: Routine—report of Montclair Housing Corporation's obligations.
RECOMMENDATION: Vice Chair Ruh recommends the Montclair Housing Corporation Board of Directors approve the Warrant Register for the period ending February 28, 2022.
MONTCLAIR CITY COUNCIL MEETING – 03/21/2022 Page 27 of 94
CITY COUNCIL
AGENDA REPORT
DATE: MARCH 21, 2022
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 7
FILE I.D.: FIN525
DEPT.: MHA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The Montclair Housing Authority Commission is requested to receive and file the Montclair Housing Authority Treasurer's Report for the month ending February 28, 2022, pursuant to state law.
BACKGROUND: Included in the Montclair Housing Authority Commission’s agenda packet is a copy of the Treasurer's Report for the period ending February 28, 2022.
FISCAL IMPACT: Routine—report of Montclair Housing Authority's obligations.
RECOMMENDATION: Staff recommends the Montclair Housing Authority Commission receive and file the Treasurer's Report for the month ending February 28, 2022.
MONTCLAIR CITY COUNCIL MEETING – 03/21/2022 Page 28 of 94
CITY COUNCIL
AGENDA REPORT
DATE: MARCH 21, 2022
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 8
FILE I.D.: FIN545
DEPT.: MHA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTER
REASON FOR CONSIDERATION: The Montclair Housing Authority Commission is requested to consider receiving and filing the Warrant Register for the month ending February 28, 2022, pursuant to state law.
BACKGROUND: Vice Chair Ruh has examined the Warrant Register dated 02.01.22–
02.28.22 in the amount of $0.00 for the Montclair Housing Authority and finds it to be in order.
FISCAL IMPACT: Routine—report of Montclair Housing Authority's obligations.
RECOMMENDATION: Vice Chair Ruh recommends the Montclair Housing Authority Commission approve the Warrant Register for the period ending February 28, 2022.
MONTCLAIR CITY COUNCIL MEETING – 03/21/2022 Page 29 of 94
CITY COUNCIL
AGENDA REPORT
DATE: MARCH 21, 2022
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 9
FILE I.D.: TRN110A
DEPT.: PUBLIC WORKS
PREPARER: S. STANTON
SUBJECT: CONSIDER RECEIVING AND FILING A FINAL STATUS REPORT ON EMERGENCY
CONTRACTING PROCEDURES FOR THE PACIFIC ELECTRIC TRAIL BRIDGE
REPLACEMENT PROJECT
CONSIDER DECLARING TERMINATION OF THE EMERGENCY ACTION AUTHORIZED ON APRIL 19, 2021 RELATED TO THE PACIFIC ELECTRIC TRAIL BRIDGE
REPLACEMENT PROJECT
REASON FOR CONSIDERATION: By City Council action on April 19, 2021, Resolution No. 21–3307 was adopted, declaring a need for emergency contracting procedures for the Pacific Electric (PE) Trail Bridge Replacement Project. Under Public Contract Code Section 22050, the governing body must review the emergency action at every regularly scheduled meeting after making the declaration to determine the need to continue the action by a fourth–fifths majority vote.
BACKGROUND: The City of Montclair, in coordination with San Bernardino County Transportation Authority (SBCTA), constructed a multi–purpose trail linking cities from Claremont to Rialto along the famous Pacific Electric Railway Line. This 21–mile trail is a vital component of our Active transportation and Healthy Montclair programs. The trail provides recreational and alternative transportation opportunities for cyclists, pedestrians, runners, and equestrians and links residents and the commuting public to schools, jobs, and our regional transportation hub. The 20–acre Montclair Transcenter is the largest facility of its kind between Union Station in Los Angeles and the San Bernardino County station. It conveniently connects the region’s fixed–route commuter rail, bus service, and rideshare programs in one centrally located area. The Pacific Electric trail is a vital connection to this important transportation hub.
On March 21, 2021, the PE Trail Bridge was damaged due to a fire and closed to active transportation traffic. The closure of the bridge disrupts the regional connections of the PE Trail. A structural engineer who investigated the magnitude and extent of the damage declared the PE Trail bridge a total loss and recommended replacement. The replacement will be a prefabricated steel truss bridge to mitigate the risks that left the existing bridge vulnerable to fire. A steel truss bridge provides the best combination of long–term value and affordability while also recognizing the need for a speedy replacement of this vital piece of infrastructure. The use of a prefabricated bridge saves valuable time since a state–licensed structural engineer has preapproved its design. Compared to a wooden structure, the construction of the steel truss bridge is completed at an accelerated pace since it is delivered assembled and dropped into place.
The City of Montclair is a healthier and more equitable City due to safer and more connected roadways through active transportation options. SBCTA recognizes the value and importance of the PE trail. To that end, SBCTA has shown good faith and leadership by graciously offering to cover a percent of the cost, up to $100,000, to replace the bridge through their TDA Grant Program. On June 2, 2021, the SBCTA Board of Directors MONTCLAIR CITY COUNCIL MEETING – 03/21/2022 Page 30 of 94 authorized the release of the TDA Article 3 Call for Projects for bicycle and pedestrian improvement projects. The City applied for the grant, and SBCTA’s General Policy Committee awarded $227,544 for the Project. The City will cash flow the Project and seek reimbursement from SBCTA at a future date.
Currently, Pacific Electric Trail commuters are being detoured from the regional trail to Arrow Highway. To reduce the impact of the bridge closure, City staff will continue to work diligently through the use of the emergency contracting procedures to hire various consultants and contractors to complete the bridge replacement. Contech Engineered Solutions will fabricate the bridge. Biggs Cardosa Associates (BCA), a structural engineering consultant, will design the bridge deck and modify the existing bridge substructure and foundations to accept the new bridge. Additionally, Environmental permits and studies are required to clear the Project through the California Environmental Quality Act (CEQA) and U.S. Army Corps permitting process.
March 14, 2022 Update
The contractor, Sunquest General Engineering, Inc., has completed demolition of the existing bridge. The new bridge is expected to be installed on March 25, 2022. There is no need to continue utilizing emergency contracting procedures for the Pacific Electric Trail Bridge Replacement Project, as it will be completed soon with no new contracts required. The Notice of Completion will be brought back to Council to receive and file after construction is completed.
FISCAL IMPACT: The estimated cost to replace the Pacific Electric Trail Bridge is $450,000. SBCTA will contribute a total of $327,544 in TDA Grant funding, and 2021 Lease Revenue Bonds will cover the remaining project costs. The City Council’s actions to file the status report and terminate the emergency action would have no fiscal impact.
RECOMMENDATION: Staff recommends the City Council take the following actions:
1. Receive and file a final status report on emergency contracting procedures for the Pacific Electric Trail Bridge Replacement Project.
2. Declare termination of the emergency action authorized on March 21, 2021 related to the Pacific Electric Trail Bridge Replacement Project.
MONTCLAIR CITY COUNCIL MEETING – 03/21/2022 Page 31 of 94
CITY COUNCIL
AGENDA REPORT
DATE: MARCH 21, 2022
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 10
FILE I.D.: TRN366
DEPT.: PUBLIC WORKS
PREPARER: S. STANTON
SUBJECT: CONSIDER REJECTING ALL BIDS FOR CONSTRUCTION OF THE MODULAR RESTROOM
FACILITY AT THE MONTCLAIR TRANSCENTER PROJECT
CONSIDER AUTHORIZING STAFF TO MODIFY THE PLANS AND SPECIFICATIONS AND RE–ADVERTISE FOR BID PROPOSALS FOR CONSTRUCTION OF THE MODULAR
RESTROOM FACILITY AT THE MONTCLAIR TRANSCENTER PROJECT
REASON FOR CONSIDERATION: The City Council is requested to consider rejecting all bids for construction of the Modular Restroom at the Montclair Transcenter Project. The City Council is also requested to consider authorizing staff to modify the plans and specifications of the Project and re–advertise the project for bids. Authorization to reject bid proposals and advertise construction projects for bid are subject to City Council approval.
BACKGROUND: The City Council, at its meeting of November 1, 2021, authorized staff to advertise for bids for the construction of the Modular Restroom Facility at the Montclair Transcenter Project. This project involves the installation of the Exeloo modular restroom building currently stored in the impound lot at the Police Department.
On Thursday, December 16, 2021, the City received three (3) bid proposals for construction of the Modular Restroom Facility at the Montclair Transcenter Project. The bid results are as follows:
CONTRACTOR BID
Engineers Estimate $80,000.00
Gentry Brothers, Inc. $231,932.94
MLC Constructors, Inc. $356,992.00
Jergensen Construction, Inc. $398,130.00
After reviewing the bid proposals received, all of the bids exceed the City’s budget for this project. Staff has determined that the excessive costs are related to utility connections.
Staff has re–evaluated the scope of work and estimates that project costs can be reduced by nearly fifty percent if the majority of utility work is performed in–house by the Public Works Maintenance Division.
Staff is currently revising the bid documents by modifying point source connections such as electrical, water, and sewer.
Staff is requesting that City Council reject all bids received on December 16, 2021, and authorize staff to modify the bid documents and re–advertise the project for public bidding.
MONTCLAIR CITY COUNCIL MEETING – 03/21/2022 Page 32 of 94 FISCAL IMPACT: The fiscal impact of rejecting all bids and re–advertising the Modular Restroom Facility at the Montclair Transcenter Project is about $1,500 and will be paid with 2021 Lease Revenue Bond Funds.
RECOMMENDATION: Staff recommends that the City Council take the following actions:
1. Reject all bids for construction of the Modular Restroom Facility at the Montclair Transcenter Project.
2. Authorize staff to modify the plans and specifications and re–advertise for bid proposals for construction of the Modular Restroom Facility at the Montclair Transcenter Project.
MONTCLAIR CITY COUNCIL MEETING – 03/21/2022 Page 33 of 94
CITY COUNCIL
AGENDA REPORT
DATE: MARCH 21, 2022
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 11
FILE I.D.: VEH125
DEPT.: PUBLIC WORKS
PREPARER: A. CARDONA
SUBJECT: CONSIDER DECLARING A 1991 GMC SEWER JETTER TRUCK AS SURPLUS AND
AVAILABLE FOR AUCTION
REASON FOR CONSIDERATION: The City Council is requested to consider declaring a 1991 GMC Sewer Jetter Truck (Unit 313) as surplus available for auction.
BACKGROUND: Unit 313 has reached the end of its service life, is no longer in use, and is proposed to be declared as surplus available for auction. The vehicle identification number, mileage, and estimated sales price is as follows:
Year & Model VIN Mileage Estimated Sales Price
1991 GMC 1GDP7H1JXMJ512439 45,511 $10,000
This vehicle has mechanical issues, including a smoking engine, burning oil, and problems with the water pressure. Due to its age, parts are hard to locate and purchase.
This vehicle was approved for replacement in the 2017/2018 fiscal year budget. Unit 313 was replaced with a 2018 Freightliner 108SD, Front Mounted Reel, Vactor Ramjet Jet Rodder Sewer Truck.
FISCAL IMPACT: It is estimated the City would receive approximately $10,000 from the sale of this vehicle. The proceeds from the sale of this vehicle would be returned to the Equipment Replacement Fund.
RECOMMENDATION: Staff recommends that the City Council declare the 1991 GMC Sewer Jetter Truck as surplus available for auction.
MONTCLAIR CITY COUNCIL MEETING – 03/21/2022 Page 34 of 94
CITY COUNCIL
AGENDA REPORT
DATE: MARCH 21, 2022
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 12
FILE I.D.: EQS051/052
DEPT.: POLICE
PREPARER: A. GRAZIANO
SUBJECT: CONSIDER DECLARING CERTAIN CITY PROPERTY AS SURPLUS AND AVAILABLE FOR
AUCTION OR DESTRUCTION
REASON FOR CONSIDERATION: The Police, Fire, Information Technology, and Public Works Departments have submitted requests to declare items as surplus. The City Council is requested to declare certain City property as surplus and available for auction or destruction.
BACKGROUND: The items included on the attached property logs are submitted to the City Council for consideration as surplus City property. Upon being declared as surplus by the City Council, the items will be made available for auction or destruction.
FISCAL IMPACT: There is no estimation as to the amount of proceeds the City would receive through the auction of these items.
RECOMMENDATION: Staff recommends the City Council declare certain City property as surplus and available for auction or destruction.
MONTCLAIR CITY COUNCIL MEETING – 03/21/2022 Page 35 of 94 TAG # ID #
ESTIMATED
VALUE QUANTITY DESCRIPTION OF SURPLUS ITEM SERIAL # CR #
PRICE SOLD
FOR
1 $20 1 Mini Fridge
2 $50 2 2 1/2 ffot file cabinate
3 $20 1 microwave
4 $20 2 officer chairs
5 16791 $75 1 2300w generator
CITY OF MONTCLAIR
PROPERTY AUCTION LOG
DEPARTMENT Police MONTH March 2022 PAGE _1___ of _1__
MONTCLAIR CITY COUNCIL MEETING – 03/21/2022 Page 36 of 94 TAG # ID #
ESTIMATED
VALUE QUANTITY DESCRIPTION OF SURPLUS ITEM SERIAL # CR #
PRICE SOLD
FOR
1 1 Airmation Industrial Air Cleaner
AM3035068D3
459BS2CC
2 1 Airmation Industrial Air Cleaner
AM3035068D3
459BS2CC
3 1 National Super Suction Vacuum
060644A29E80
382
4 1 Sears Craftsman Welder
5 1 Sears Craftsman Router Table
6 1
Sears Craftsman Tablesaw with Various
Blades and Accessories 720800058
7 1 Sanitare Vacuum
8 1 Samsung Television
10 1 Delta Belt 6" Disk Sander
11 1 Bell Howell Projector
12 1 EKG Monitor
13 1 Projector Screen
14 1 Junior CPR Manekin
15 1 Rescue Annie Torso
17 5 Black Chairs
CITY OF MONTCLAIR
PROPERTY AUCTION LOG
DEPARTMENT Fire (Station 151) MONTH Feb 2022 PAGE _1__ of __3_ MONTCLAIR CITY COUNCIL MEETING – 03/21/2022 Page 37 of 94 TAG # ID #
ESTIMATED
VALUE QUANTITY DESCRIPTION OF SURPLUS ITEM SERIAL # CR #
PRICE SOLD
FOR
CITY OF MONTCLAIR
PROPERTY AUCTION LOG
DEPARTMENT Fire (Station 151) MONTH Feb 2022 PAGE _2__ of __3_ 18 2 14' Roof Ladder
19 2 30 Ft. Extension Ladder
20 1 Senco Nailer
21 1 CPAP Machine
22 1 Drug Box
23 1 CPR Manikin
24 1 K-12 Rotary Saw
25 1 CPAP Machine
26 1 Radio Transmitter
27 1 STIHL Chain Saw
28 2 Key Boards
29 3 Recliners
30 1 Shelf
31 2 Step Chocks
32 1 Bag of Life Jackets
MONTCLAIR CITY COUNCIL MEETING – 03/21/2022 Page 38 of 94 TAG # ID #
ESTIMATED
VALUE QUANTITY DESCRIPTION OF SURPLUS ITEM SERIAL # CR #
PRICE SOLD
FOR
CITY OF MONTCLAIR
PROPERTY AUCTION LOG
DEPARTMENT Fire (Station 151) MONTH Feb 2022 PAGE _3__ of __3_ 33 1 Life Pack
MONTCLAIR CITY COUNCIL MEETING – 03/21/2022 Page 39 of 94 TAG # ID #
ESTIMATED
VALUE QUANTITY DESCRIPTION OF ITEM TO BE DESTROYED SERIAL # CR #
PRICE SOLD
FOR
22-001 16288 1 HP Prodesk 600 G1 TWR MXL4100T5K
22-002 16284 1 HP Compaq Pro 6300 Small Form Factor MXL33917FQ 22-003 17194 1 HP Pro Desk 600 G1 SFF MXL51613XC
22-004 17196 1 HP Pro Desk 600 G1 SFF MXL51613VB
22-005 17010 1 HP Pro Desk 600 G1 SFF MXL5161DLF
22-006 17250 1 HP EliteDesk 800 G1 SFF 2UA4481K5S
22-007 16371 1 HP Compaq 8200 Elite Convertiable Minitower MXL13301ND 22-008 17000 1 HP Prodesk 600 G1 SFF MXL51613Y5
22-009 16343 1 ViewSonic VA2232WM
RMB10310035
4 22-010 17185 1 HP EliteDesk 800 G2 Desktop Mini 2UA6121L67 22-011 17332 1 HP P244 23.8 inch Display CN40121B4N
22-012 17235 1 Elite Display E221 CNK406R2H
22-013 17333 1 Back-UPS ES JB0401015410
22-014 17334 1 5448 Programmable Key Module AABHW2304
22-015 17335 1 Mitel 5340 IP Phone AVADC7950
CITY OF MONTCLAIR
PROPERTY AUCTION LOG
DEPARTMENT Information Technology MONTH March 2022 PAGE _1_ of _ 5_ MONTCLAIR CITY COUNCIL MEETING – 03/21/2022 Page 40 of 94 TAG # ID #
ESTIMATED
VALUE QUANTITY DESCRIPTION OF ITEM TO BE DESTROYED SERIAL # CR #
PRICE SOLD
FOR
CITY OF MONTCLAIR
PROPERTY AUCTION LOG
DEPARTMENT Information Technology MONTH March 2022
22-016 17336 1 LG 32UK50T
809NTQD7599
6 22-017 17231 1 HP Compaq Pro 6300 Small Form Factor MXL2451P8S 22-018 16950 1 HP ProDisplay P221 3CQ2521SKD
22-019 17337 1 Misc Box #1 N/A
22-020 17345 1 APC BACK-UPS ES AB0306121906
22-021 17338 1 APC BACK-UPS ES JB0350008613
22-022 17339 1 Peavey XR 560 Mixer 9814583
22-023 17346 1 Motorola QIP7100/A386/013 6.12572E+11
22-024 15722 1 HP Laserjet 1300 CNCB822014
22-025 17347 1 APC Back-UPS NS 3B0907X21868
22-026 16659 1 HP L1908 19 inch 3CQ8174CBB
22-027 17340 1 Misc Box #2 powercables N/A
22-028 17341 1 HP Designjet Z5200 PostSript
CN57H6K0190
5JQ
22-029 15904 1 Hp Laserjet 1022 VNB3C64600
22-030 17370 1 UPS APC ES550 4B1030P17356
PAGE _2_ of _ 5_
MONTCLAIR CITY COUNCIL MEETING – 03/21/2022 Page 41 of 94 TAG # ID #
ESTIMATED
VALUE QUANTITY DESCRIPTION OF SURPLUS ITEM SERIAL # CR #
PRICE SOLD
FOR
22-001 1 HP Laptop DV6700 CNF7522WT2
22-002 16268 1 HP Compaq Elite 8300 SFF MXL3101P3C
22-003 1 HP Z220 SFF 2UA3502162
22-004 16327 1 HP Compaq 6000 MXL00119B2
22-005 15885 1 Princeton Monitor JCBF5200997
22-006 1 HP 1755 Monitor CNK62310WP
22-007 1 HP 1755 Monitor CNK62310WX
22-008 16067 1 HP L1940T Monitor CNC63825TT
22-009 1 HP 1755 Monitor CNK5522879
22-010 16665 1 Viewsonic VA1916W-2
QN008012362
9 22-011 16978 1 HP Elitedesk G1 700 SFF MXL4361BHP
22-012 16982 1 HP Elitedesk G1 700 SFF MXL4361BJ4
22-013 16298 1 HP Elitedesk G1 800 SFF MXL4213422
22-014 16304 1 HP Elitedesk G1 800 SFF MXL421340P
22-015 16295 1 HP Elitedesk G1 800 SFF MXL4213408
CITY OF MONTCLAIR
PROPERTY AUCTION LOG
DEPARTMENT Information Technology MONTH March 2022 PAGE __3__ of __5__ MONTCLAIR CITY COUNCIL MEETING – 03/21/2022 Page 42 of 94 TAG # ID #
ESTIMATED
VALUE QUANTITY DESCRIPTION OF ITEM TO BE DESTROYED SERIAL # CR #
PRICE SOLD
FOR
CITY OF MONTCLAIR
PROPERTY AUCTION LOG
DEPARTMENT Information Technology MONTH March 2022 PAGE _4__ of _5__ 22-031 17342 1 APC BACK-UPS NS JB0301004815
22-032 17369 1 APC Back-UPS NS BB0527027264
22-033 17343 1 UPS APC ES550 4B1030P17347
22-034 17371 1 HP Storageworks AIO 1200 USE748NBFD
22-035 17372 1 NSM 2060 Model G2 2UX90502JT
22-036 17373 1 NSM 2060 Model G2 2UX90502JR
22-037 17344 1 Metal File Cabinet N/A
22-038 17396 1 Ergotron Monitor Bracket N/A
MONTCLAIR CITY COUNCIL MEETING – 03/21/2022 Page 43 of 94 TAG # ID #
ESTIMATED
VALUE QUANTITY DESCRIPTION OF SURPLUS ITEM SERIAL # CR #
PRICE SOLD
FOR
CITY OF MONTCLAIR
PROPERTY AUCTION LOG
DEPARTMENT Information Technology MONTH March 2022 PAGE __5__ of __5_ 22-016 16308 1 HP Elitedesk G1 800 SFF MXL42133ZW
22-017 17170 1 HP Elitedesk G1 600 SFF 2UA4431YLX
22-018 16294 1 HP Elitedesk G1 800 SFF MXL4213404
22-019 1 HP Prodesk 600 G2 SFF MXL60916C6
22-020 16297 1 HP Elitedesk G1 800 SFF MXL4213410
22-021 1 Panasonic TV LD82920059
22-022 16684 1 Viewsonic VA1916W
QN008012368
0 22-023 16574 1 HP Compaq Pro 6300 SFF MXL3020DJH
22-024 1 APC PSU 500 *battery removed JB0301006038
22-025 1 APC PSU 500 *battery removed JB0239000101
MONTCLAIR CITY COUNCIL MEETING – 03/21/2022 Page 44 of 94 TAG # ID #
ESTIMATED
VALUE QUANTITY DESCRIPTION OF SURPLUS ITEM SERIAL # CR #
PRICE SOLD
FOR
1 408PW $500 1 1997 John Deere F1145 Mower
M01145X1607
92 2 412PW $1,000 1 1987 Unimasco Line striper 71785
3 414PW $1,500 1 2002 Landa Pressure Washer
1L9FC15282C
041019
4 424PW $500 1 2002 John Deere Walk Behind Mower
M0HD45X0117
07 5 405PW $1,000 1 1989 SDI Herbacide Spray rig 10970
CITY OF MONTCLAIR
PROPERTY AUCTION LOG
DEPARTMENT Public Works MONTH March 2022 PAGE _1___ of__1___ MONTCLAIR CITY COUNCIL MEETING – 03/21/2022 Page 45 of 94 TAG # ID #
ESTIMATED
VALUE QUANTITY DESCRIPTION OF SURPLUS ITEM SERIAL # CR #
PRICE SOLD
FOR
H1 0 1 Power Trim Edger 41196
H2 0 1 Power Trim Edger 51839
H4 0 1 Power Trim Edger 40553
14044 0 1 Hitachi Metal Chop Saw N/A
10407 0 1 Craftsman Tool Box N/A
0 1 Craftsman Tool Box N/A
CITY OF MONTCLAIR
PROPERTY DESTRUCTION LOG
DEPARTMENT Public Works MONTH March 2022 PAGE _1___ of__1___ MONTCLAIR CITY COUNCIL MEETING – 03/21/2022 Page 46 of 94
CITY COUNCIL
AGENDA REPORT
DATE: MARCH 21, 2022
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 13
FILE I.D.: CAC080
DEPT.: HUMAN SVCS.
PREPARER: K. ROMERO
SUBJECT: CONSIDER APPROVAL OF THE FISCAL YEAR 2021–22 SCHEDULE OF RECOMMENDATIONS FROM THE COMMUNITY ACTIVITIES COMMISSION FOR COMMUNITY
BENEFITS FUNDING
REASON FOR CONSIDERATION: Annually, the Human Services Department presents the City Council with a list of organizations that the Community Activities Commission (CAC) are recommending to receive a portion of funds appropriated in the Community Benefits Account. The City Council is requested to consider the CAC recommended organization requests listed on the Fiscal Year 2021–22 Community Benefits Assistance Program Agency Funding Requests at the end of this report and consider approval of the funding recommendations.
BACKGROUND: The City Council established an annual policy of appropriating funds to social service agencies that provide special services to Montclair residents. At the direction of the City Council, the CAC conducts a public hearing each year to provide CAC members with the following opportunities:
Become acquainted with the requesting organizations and their programs of service,
Inquire about requesting agencies' operating budgets and revenue sources in order to evaluate their financial needs,
Determine the appropriate use of funds that may have been previously allocated by the City to requesting agencies.
The CAC heard presentations at its regular meeting on Wednesday, March 2, 2022, from twelve organizations related to their requests for community benefits assistance, which are summarized below:
1. Aging Next. Aging Next was founded in 1975 to support and educate older adults as well as their families to maintain independence and to age well at home and in the community. In 2021, Aging Next supported 182 Montclair residents with their programs. The funds received would be used toward general operating support for the programs Montclair residents utilize most, which includes Ride and Go transportation, family caregiver support, case management and helpline resources.
2. Anthesis. Anthesis serves the City of Montclair by providing vocational and social opportunities for adults with developmental and physical disabilities, improving their quality of life. Funding would be used to purchase mini exercise arm and leg peddlers, fitness elliptical foot peddlers, and fishing rods with reels for use by their program participants.
MONTCLAIR CITY COUNCIL MEETING – 03/21/2022 Page 47 of 94
3. Care & Company. Care & Company is a faith–based, nonprofit organization located in the City of Montclair that aids low–income individuals and families with needed hygiene items through their Hygiene Pantry program. Care & Company purchases $325 worth of hygiene products each month and asks patrons of the Hygiene Pantry for a suggested $2 donation, however, no one is turned away due to their inability to pay. Funds received would be used to support the Hygiene Pantry by covering half of the cost of hygiene items for 2022.
4. Christian Development Center (CDC). Christian Development Center, a grassroots ministry, would use the funds to support their Food/Clothing Giveaway Program, which does monthly food giveaways of fresh produce to feed over 350 families every month and the Live Generously Program, which provides toiletries and basic hygiene products to residents in need. Sixty percent of the participants are Montclair residents.
5. Foothill Family Shelter. The Foothill Family Shelter provides services for at–risk, homeless individuals and families. In 2021, Foothill Family Shelter provided 120–day transitional housing for 17 homeless and low–income families, aided over 249 Montclair residents with food, clothing, diapers, wipes and hygiene products and providing over 100 Thanksgiving baskets to homeless and low– income families in Montclair. The funds received would be used to help provide shelter, food, and clothing for at–risk, homeless families in Montclair and the surrounding communities.
6. Health & Wellness Services Montclair. Health & Wellness Services coordinates services for struggling children and families in crisis. The goal of Health & Wellness Services, a partnership between the City of Montclair and the Ontario– Montclair School District is to help families access food, shelter, education, health–care, and transportation. In 2021, the Health & Wellness Montclair Case Management Program provided intensive Case Management services and provided related support services to over 100 Montclair families and individuals. The funds received would be used for basic needs supplies and services for Montclair residents in the Case Management Program.
7. Hope Through Housing Foundation (HTHF). HTHF is a social service organization whose mission is to break the cycle of generational poverty by providing services to the National Community Renaissance’s affordable housing communities. There are four affordable housing units located in Montclair: one property for seniors, one property for developmentally disabled residents, and two properties for families. All services and programs are provided free of charge to the residents; individuals and families not residing at one of the properties are also encouraged to take advantage of the services offered on–site. The HTHF offers programs, such as the Building Bright Futures youth development program and their Teen Health Club. Their goal is to help young people do well in school, assist families in improving their financial situations and allowing senior citizens to age with dignity in their own homes. They are also helping their residents recover and remain sustained through the pandemic.
MONTCLAIR CITY COUNCIL MEETING – 03/21/2022 Page 48 of 94
8. Love for Humanity. Love for Humanity is a volunteer based non–profit organization dedicated to alleviating hardships and easing difficult times by helping people in need by supplying food, toiletries, and clothing, and assisting with education and job networking. The funds received would be used towards the general operating support for the programs that benefit Montclair residents such as the Grocery Bags Program which provides groceries for low income families every month and restocks the food pantry at Our Lady of Lourdes Catholic Church in Montclair, the Food Backpack Program which gives children a backpack on Friday afternoons filled with enough pre–packaged food to last through the weekend, and the School Supplies Program which provides pouches full of essential school supplies to three schools in Montclair for children in need.
9. Montclair Meals on Wheels. Services include the home delivery of lunches to Montclair residents who are unable to shop for themselves or prepare their own meals. The Meals on Wheels Program is charged $3.60 per meal, and the cost to the recipient is also $3.60. The funds received would pay for the fixed costs needed to support the program such as a post office box rental, delivery bags and containers as well as insurance and mileage fees.
10. OPARC. OPARC has served Montclair since 1950 with employment, training, day programs, and community integration services for people with developmental and intellectual disabilities. Out of the 850 clients that OPARC serves, sixty–one percent of the clients are served in or are residents of Montclair. The funds received would be used to purchase a Hoyer Lift. It would help toward eliminating the possibility of injury to the individuals they serve or to their staff due to lifting and transferring from wheelchairs or other mobility adaptive devices.
11. Project Sister. Services are provided to survivors of sexual assault and include the following: a 24–hour hotline, information and referral, advocacy and accompaniment, individual counseling and support groups, community education, teen programs, child–abuse prevention, and self–defense instruction. Funding would be used to provide 50 hours of sexual assault crisis and prevention services for Montclair residents.
12. Visiting Nurse Association and Hospice (VNA). The VNA provides home health–care and hospice services in our community. Funding will benefit the “Charitable Care” program, which provides assistance to disadvantaged patients and their families, facing health challenges with limited financial resources. Funds will be allocated towards in–home nursing visits, the purchase of health–related appliances, emergency in–home health monitoring systems, and grocery store/department store gift cards for patients/families needing food or household items.
FISCAL IMPACT: The recommended funding amounts have been limited to the approved Fiscal Year 2021–22 Budget amount of $25,000 utilizing the following criteria:
Level of service to the Montclair community;
Level of service need in the community;
Amount of each request;
Previous year's allocation (if applicable); and
Available funds.
MONTCLAIR CITY COUNCIL MEETING – 03/21/2022 Page 49 of 94 RECOMMENDATION: Staff recommends the City Council approve the Fiscal Year 2021–22 schedule of recommendations from the CAC for the Community Benefits Funding Program, as shown:
FISCAL YEAR 2021–22
COMMUNITY BENEFITS ASSISTANCE PROGRAM
AGENCY REQUESTS AND RECOMMENDED FUNDING
Requesting Agencies FY 2021–22
Funding Requests
FY 2021–22
Recommendations
(1) Aging Next $5,000 $3,500
(2) Anthesis $2,582 $2,500
(3) Care and Company $2,000 $2,000
(4) Christian Development Center $2,000 $2,000
(5) Foothill Family Shelter $2,000 $2,000
(6) Health and Wellness Services Montclair $1,500 $1,500 (7) Hope Through Housing Foundation $1,500 $1,500
(8) Love for Humanity $2,500 $2,500
(9) Montclair Meals on Wheels $1,000 $1,000
(10) OPARC $3,000 $1,500
(11) Project Sister $1,500 $1,500
(12) Visiting Nurses Association $5,000 $3,500
TOTALS $29,582.00 $25,000.00
MONTCLAIR CITY COUNCIL MEETING – 03/21/2022 Page 50 of 94
CITY COUNCIL
AGENDA REPORT
DATE: MARCH 21, 2022
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 1
FILE I.D.: REF165
DEPT.: FINANCE
PREPARER: J. KULBECK
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 22–19 WITH SAN BERNARDINO COUNTY SERVICE AREA 70 CONSOLIDATED FIRE DISTRICT FOR A HOUSEHOLD HAZARDOUS
WASTE COLLECTION FACILITIES PROGRAM
REASON FOR CONSIDERATION: The City of Montclair’s existing agreement with the San Bernardino County Service Area 70 Consolidated Fire District (County Fire District) for household hazardous waste collection facilities expires on June 30, 2022. The City Council is requested to consider approving Agreement No. 22–19, a five–year agreement, with County Fire District providing for household hazardous waste and universal waste collection facilities.
BACKGROUND: In an effort to safely collect, recycle, treat, and dispose of household hazardous waste, County Fire District established household hazardous waste collection facilities throughout the County for residents to dispose of items such as paint, oil, pesticides, household cleaners, pool supplies, and other waste. County Fire District provides household hazardous waste disposal facilities at three local area locations under the current contract: 5050 Schafer Avenue, Chino; 1430 S. Cucamonga Avenue, Ontario; and 1370 North Benson Avenue, Upland.
Effective February 8, 2006, the California Department of Toxic Substances Control implemented a new regulation stipulating homeowners could not dispose of universal waste in their trash; instead, household hazardous waste collection facilities would serve as depositories for universal waste. Universal waste includes batteries (rechargeable and single use), fluorescent tubes, mercury waste (thermostats, thermometers, switches, and CFL light bulbs), and nonempty aerosol cans.
In proposed Agreement No. 22–19, attached to this report, County Fire District is imposing an increase in the per capita rate for its Household Hazardous Waste Program. The increase starts at 3 percent for the first year with minimal increases each year thereafter, with the final year having a 4 percent increase based on the Consumer Price Index from the Bureau of Labor Statistics.
FISCAL IMPACT: The annual cost to operate the Household Hazardous Waste Program for FY 2022–23 is $58,264.98. The total cost of the 5–year contract ending on June 30, 2027 is $312,469.75. This cost is passed through to residential households as a component of the refuse rate; therefore, there is no ultimate financial effect on the City.
The current monthly rate component for disposal of household hazardous waste is $0.45, which will be reviewed and possibly adjusted in FY 2022–23.
RECOMMENDATION: Staff recommends that the City Council approve Agreement No. 22–19 with the San Bernardino County Service Area 70 Consolidated Fire District for a Household Hazardous Waste Collection Facilities Program.
MONTCLAIR CITY COUNCIL MEETING – 03/21/2022 Page 51 of 94 Standard Contract Page 1 of 6
THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY San Bernardino County Fire
Protection District
Department Contract Representative Jose Rodriguez
Telephone Number (909) 382-5401
Contractor City of Montclair
Contractor Representative Janet Kulbeck
Telephone Number (909) 625-9467
Contract Term July 1, 2022 through June 30, 2027
Original Contract Amount $312,469.75
Amendment Amount
Total Contract Amount $312,469.75
Cost Center
IT IS HEREBY AGREED AS FOLLOWS:
HOUSEHOLD HAZARDOUS WASTE COLLECTION AGREEMENT
This Agreement is made and entered into between the San Bernardino County Fire Protection District, hereinafter referred to as “District” and the City of Montclair hereinafter referred to as the “City.” RECITALS:
WHEREAS, the California Public Resources Code (Section 47000 et seq.) requires cities and counties to prepare a Household Hazardous Waste Element which identifies a program for the safe collection, recycling, treatment and disposal of hazardous wastes which are generated by households in the city or county and which should be separated from the solid waste stream; and, WHEREAS, San Bernardino County and each of the cities in the County have developed Household Hazardous Waste Elements (HHWE) which identify a county-wide cooperative program for the management of Household Hazardous Waste; and,
WHEREAS, the existing Household Hazardous Waste program operated by the District is consistent with the adopted HHWE; and,
Contract Number
SAP Number
City of Montclair
Agreement No. 22-19
MONTCLAIR CITY COUNCIL MEETING – 03/21/2022 Page 52 of 94 Revised 7/15/19 Page 2 of 6
WHEREAS, the District’s Section of Hazardous Materials, is a section of the District responsible for the safe management of hazardous waste; and,
WHEREAS, the City desires for the protection, health and welfare of the public and its personnel, the removal of hazardous waste from homes so that such materials will pose no danger in the event of fire, the prevention of potential environmental degradation and the conservation of resources through recycling.
NOW, THEREFORE, in consideration of mutual covenants and conditions the parties hereto agree as follows:
WITNESSETH:
RESPONSIBILITIES AND DUTIES OF THE CITY
1. The City shall publicize to its residents the need to properly reduce, recycle, store, transport and dispose of Household Hazardous Waste and inform its residents of the availability of nearby household hazardous waste collection facilities for safe management of household hazardous waste, in the manner and form recommended by District.
2. The City shall publicize to its residents the maximum quantities of hazardous waste allowed for transportation which are containers no larger than 5 gallons and maximum quantities of 15 gallons or 125 pounds per trip brought to a household hazardous waste collection facility per participant.
3. The City shall publicize to its small businesses that need to dispose of small quantities of business waste to contact the District and make an appointment to use the Very Small Quantity Generator (VSQG) program for proper disposal.
4. The City shall publicize to its residents that home generated sharps containers shall only contain needles, lancets and syringes with a needle attached that must be completely spent (used and no liquid remaining, this includes EpiPens). The public may use 2 gallon or smaller heavy-duty plastic household containers as an alternative to plastic bio-hazard sharps containers. The container should be leak-resistant, remain upright during use and have a tight fitting, puncture-resistant lid, such as a plastic laundry detergent container. Containers consisting of glass, metal, cardboard or paper will not be accepted.
RESPONSIBILITIES AND DUTIES OF THE DISTRICT
5. The District shall continue to operate a comprehensive Household Hazardous Waste Program (Program) for the safe collection, recycling, treatment and disposal of household hazardous waste, including universal waste, Home-generated Sharps (HGS), and pharmaceutical waste excluding controlled substances. The District program shall be based on a Central Processing Facility and a regional network of collection centers sited so as to provide safe, convenient service to the public in a cost-effective manner.
6. The District shall provide an annual report to the City, which shall include the amounts and types of waste collected, participation by jurisdiction, and final disposition of the waste. The report will be provided at no additional cost to the City.
7. The District shall compile and provide to the California Department of Resources Recycling and Recovery (CalRecycle), the Department of Toxic Substances Control, and the Certified Unified Program Agency, the City’s Annual Form 303 Report. The report will be provided at no additional cost to the City.
8. The District shall provide to the City, flyers/brochures/education material that shall be distributed by the City electronically. Hard copies will also be provided upon request, at no additional cost to the City.
MONTCLAIR CITY COUNCIL MEETING – 03/21/2022 Page 53 of 94 Revised 7/15/19 Page 3 of 6
9. The District shall charge any business that disposes of household hazardous waste the actual cost of disposal as indicated in the District’s fee ordinance. For cities or community services district that operate their own household hazardous waste collection facility, if business waste is accepted at any satellite facility, the City or community services district will be responsible for the disposal cost of the business waste.
10. The District shall provide an electronic biohazardous waste label to every participant that disposes of home generated sharps. The public may use 2 gallon or smaller heavy-duty plastic household containers such as a plastic laundry detergent container as an alternative to plastic bio-hazard sharps containers.
The biohazardous waste label shall be placed on the rigid heavy-duty, puncture-resistant plastic container used to dispose of home generated sharps.
CONSIDERATION
11. In consideration for the services provided, City shall pay the District the following amount not to exceed $312,469.75:
Fiscal Year Annual Amount Amount per quarter
2022/2023 $58,264.98 $14,566.24
2023/2024 $60,158.59 $15,039.65
2024/2025 $62,264.14 $15,566.03
2025/2026 $64,599.04 $16,149.76
2026/2027 $67,183.00 $16,795.75
12. Payments will be due on July 15, October 15, January 15, and April 15 of each year through the term of the contract.
TERM AND TERMINATION
13.This Agreement shall be effective July 1, 2022 and shall remain in effect through June 30, 2027, but may be renewed for specified periods, unless, otherwise terminated or amended.
14. Notwithstanding the foregoing, either party may terminate this Agreement at any time upon 90 days prior written notice to the other party.
INSURANCE AND INDEMNIFICATION
15. City and District are authorized self-insured public entities for purposes of Professional Liability, General Liability, Automobile Liability and Workers’ Compensation and warrant that through their respective programs of self-insurance, they have adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions or obligations of this Agreement.
16. District agrees to indemnify, defend (with counsel reasonably approved by City) and hold harmless City, its officers, employees, agents and volunteers, from any and all claims, actions, losses, damages, and/or liability arising out of this Agreement from any cause whatsoever, including, the acts, errors or omissions of any person and for any costs or expenses incurred by City on account of any claim, except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence MONTCLAIR CITY COUNCIL MEETING – 03/21/2022 Page 54 of 94 Revised 7/15/19 Page 4 of 6
or degree of fault of indemnities. The District’s indemnification obligation applies to City’s “active” as well as “passive” negligence but does not apply to City’s “sole negligence” or “willful misconduct” within the meaning of Civil Code section 2782.
City agrees to indemnify, defend (with counsel reasonably approved by District) and hold harmless District, its officers, employees, agents and volunteers, from claims, actions, losses, damages, and/or liability arising out of this Agreement from any cause whatsoever, including, the acts, errors or omissions of any person and for any costs or expenses incurred by City on account of any claim, except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnities. The City’s indemnification obligation applies to District’s “active” as well as “passive” negligence but does not apply to District’s “sole negligence” or “willful misconduct” within the meaning of Civil Code section 2782.
In the event District and/or City are found to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under this Agreement, District and/or City, as applicable, shall indemnify the other to the extent of its comparative fault.
Notwithstanding indemnification for any claim, action, loss, or damage involving a third party, District and City hereby waive any and all rights of subrogation recovery against each other.
Furthermore, if District or City attempts to seek recovery from the other for Workers’ Compensation benefits paid to an employee, District and City agree that any alleged negligence of the employee shall not be construed against the employer of that employee.
GENERAL TERMS AND CONDITIONS
17. Representation of the District. In the performance of the Agreement, City, its agents and employees, shall act in an independent capacity and not as officers, employees, or agents of the District.
18. Change of Address. City shall notify the District in writing of any change in mailing address within ten (10) business days of the change.
19. Agreement Assignability. Without the prior written consent of the District, the agreement is not assignable by City, either in whole or in part.
20. Agreement Amendments. City agrees that any alterations, variations, modifications, waivers, or provisions of the Agreement shall be valid only when reduced to writing, duly signed, and attached to the original Agreement and approved by the required persons of both City and District.
21. Correction of Performance Deficiencies. Failure by City to comply with any of the provisions, covenants, requirements or conditions of this agreement shall be a material breach of this agreement.
In the event of a non-cured breach, District may, at its sole discretion and in addition to immediate termination and any other remedies available at law, in equity, or otherwise specified in this Contract:
A. Afford City thereafter a time period within which to cure the breach, which period shall be established at sole discretion of District; and/or,
B. Terminate this Contract.
22. Attorney Fees and Costs. If any legal action is instituted to enforce any party’s rights hereunder, each party shall bear its own costs and attorneys’ fees, regardless of who is the prevailing party. This paragraph shall not apply to those costs and attorneys’ fees directly arising from a third-party legal action against a party hereto and payable under INDEMNIFICATION paragraphs.
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23.Venue and Governing Law. The venue of any action or claim brought by any party to this Agreement will be the Central District Court of San Bernardino County Superior Court. Each party hereby waives any law or rule of the court, which would allow them to request or demand a change of venue. If any action or claim concerning this Agreement is brought by any third-party, the parties hereto agree to use their best efforts to obtain a change of venue to the Central District Court of San Bernardino County Superior Court. This contract shall be governed by the laws of the State of California.
24.Notification. In the event of a problem or potential problem that will impact the level of performance by a Party under this Agreement, the Party shall notify the other Party within one (1) working day, in writing and by telephone.
25.Former County and District Officials. City agrees to provide or has already provided information on former San Bernardino County and District administrative officials (as defined below) who are employed by or represent City. The information provided includes a list of former County and District administrative officials who terminated COUNTY or District employment within the last five years and who are now officers, principals, partners, associates or members of the business. The information also includes the employment with or representation of City. For purposes of this provision, “County administrative official” is defined as a member of the Board of Supervisors or such officer’s staff, County Administrative Officer or member of such officer’s staff, County or District department or group head, assistant department or group head, or an employee in the Exempt Group, Management Unit, or Safety Management Unit.
26.Inaccuracies or Misrepresentations. If in the course of or the administration of this Agreement District determines that City has made a material misstatement or misrepresentation, or that materially inaccurate information has been provided, this Agreement may be immediately terminated. If the Agreement is terminated according to this provision, the District is entitled to pursue any available legal remedies.
27.Waiver. No delay on the part of either party in exercising any power or right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any power or right preclude any other or further exercise thereof of any other power or right. No waiver by any party of any right hereunder or of any default shall be binding upon such party unless such waiver is in writing and signed by a duly authorized official of such party; and no waiver of any default or failure by such party to exercise any right hereunder shall operate as a waiver of any other or further exercise of such right or of any further default.
28.Severability. If any provisions of this agreement, or portions thereof, or the application thereof to any circumstances shall be held invalid or unenforceable, the remainder of this agreement and the application thereof to other circumstances shall nevertheless be valid.
29.Notices and Reports. Any notices shall be addressed to the respective parties as set forth below:
DISTRICT: Monica Ronchetti
Deputy Fire Marshal/CUPA Manager
Household Hazardous Waste Section
2824 East “W” Street
San Bernardino, CA 92415-0799
CITY: Janet Kulbeck
Finance Manager
City of Montclair
P.O. Box 2308
Montclair, CA 91763
30.Entire Agreement.
A. This agreement is intended by the parties hereto as a final expression of their agreement and understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms hereof and supersedes any and all prior and contemporaneous agreements and understandings.
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B. The signatures of the Parties affixed to this Contract affirm that they are duly authorized to commit and bind their respective institutions to the terms and conditions set forth in this document.
31.This agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterpart shall together constitute one and the same agreement.
The parties shall be entitled to sign and transmit an electronic signature of this agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed agreement upon request.
IN WITNESS WHEREOF, the Board of Directors has caused this Agreement to be subscribed to by the Secretary thereof, and City has caused this Agreement to be subscribed on its behalf by its duly authorized officers, the day, month and year written.
FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department Scott Runyan, Supervising Deputy County
Counsel
Date Date Date
SAN BERNARDINO COUNTY FIRE PROTECTION
DISTRICT
(Print or type name of corporation, company, contractor, etc.) By
Curt Hagman, Chairman, Board of Directors
(Authorized signature - sign in blue ink)
Dated:
Name
SIGNED AND CERTIFIED THAT A COPY OF THIS
(Print or type name of person signing contract)
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD
Title
Lynna Monell, Secretary
(Print or Type)
By
Dated:
Deputy
Address
By
(Authorized signature - sign in blue ink)
Name
(Print or type name of person signing contract)
Title
(Print or Type)
CITY OF MONTCLAIR
Javier John Dutrey
Mayor
5111 Benito Street
Montclair, CA 91763
Andrea Myrick
City Clerk
ATTEST
MONTCLAIR CITY COUNCIL MEETING – 03/21/2022 Page 57 of 94
CITY COUNCIL
AGENDA REPORT
DATE: MARCH 21, 2022
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 2
FILE I.D.: MHA050/FIN100
DEPT.: COMMUNITY DEV./MHA
PREPARER: C. CALDWELL
SUBJECT: CONSIDER AUTHORIZING COMPLIANCE REVIEW OF THE MONTCLAIR HOUSING AUTHORITY’S EXISTING AFFORDABLE HOUSING AGREEMENTS
CONSIDER APPROVAL OF AGREEMENT NO. 22–21 WITH THE STRICKLER
ASSOCIATION TO CONDUCT COMPLIANCE REVIEW OF EXISTING AFFORDABLE
HOUSING AGREEMENTS SUBJECT TO ANY REVISIONS DEEMED NECESSARY BY THE
CITY ATTORNEY
REASON FOR CONSIDERATION: The Montclair Housing Authority Board of Directors is requested to consider authorizing the City’s review of its existing affordable housing agreements.
The City Council is requested to consider approving a professional services agreement with The Strickler Association to provide consulting support and technical assistance to conduct a comprehensive compliance review of existing housing agreements between the Montclair Housing Authority and nonprofit housing developers.
A copy of Agreement No. 22–21 is attached for the Directors’ review and consideration.
BACKGROUND: The former Montclair Redevelopment Agency entered into a number of affordable housing agreements with nonprofit housing developers during the agency’s tenure. Upon the statewide dissolution of redevelopment agencies in 2012, all assets, contracts, leases, books, records, buildings, and equipment of the former Montclair Redevelopment Agency were transferred to the control of the City’s Successor Agency.
Subsequently, in 2013, the City Council elected the Montclair Housing Authority to retain the assets previously held and duties performed by the former Redevelopment Agency.
The transfer included Residual Receipts Loans previously made to affordable housing developers.
Residual Receipts Loans may be considered one of the more complicated assets of the Montclair Housing Authority. Because of this, staff believes it is in the best interest of the City and Montclair Housing Authority to retain an outside housing consultant to review existing agreements for compliance and consistency. Staff is recommending the retention of The Strickler Association to conduct a comprehensive review of the Montclair Housing Authority’s Residual Receipts Loans for compliance. John Strickler, the firm’s owner, is an independent consultant specializing in affordable housing since 2009. The Strickler Association contracts with the cities of Moreno Valley and Loma Linda, and the County of San Bernardino for housing and real estate matters. The scope of the proposed work would include the following:
1. Research of various issues involving real property rights, if applicable;
2. Review and analysis of information regarding affordable housing agreements and projects; and
3. Preparation of reports, documents, and correspondence as required.
MONTCLAIR CITY COUNCIL MEETING – 03/21/2022 Page 58 of 94 FISCAL IMPACT: Proposed Agreement No. 22–21 would authorize staff to retain the services of The Strickler Association as the City and Montclair Housing Authority’s housing compliance consultant to provide services related to the review of existing housing agreements for compliance. The Consultant’s hourly compensation rate is $120 per hour with a total “not to exceed” contract amount of $10,000, and would be paid from the Economic Development Fund.
RECOMMENDATION: Staff recommends the following actions:
1. That the Montclair Housing Authority Board of Directors authorize compliance review of the MHA’s existing affordable housing agreements; and
2. That the City Council approve Agreement No. 22–21 with The Strickler Association to conduct compliance review of existing affordable housing agreements subject to any revisions deemed necessary by the City Attorney.
MONTCLAIR CITY COUNCIL MEETING – 03/21/2022 Page 59 of 94 AGREEMENT NO. 22-21
CITY OF MONTCLAIR
AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT is made and effective as of March 21, 2022, between the City of Montclair, a municipal corporation ("City") and The Strickler Association, a California sole proprietor ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM
This Agreement shall commence on March 22, 2022, and shall remain and continue in effect for a period of 12 months until tasks described herein are completed, but in no event later than March 22, 2023, unless sooner terminated pursuant to the provisions of this Agreement.
2. SERVICES
Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.
3. PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of his/her ability, experience and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.
4. CITY MANAGEMENT
City’s City Manager shall represent City in all matters pertaining to the administration of this Agreement and shall be authorized to act on City’s behalf and to execute all necessary documents which enlarge the Tasks to be Performed or change Consultant’s compensation, subject to Section 5 hereof.
5. PAYMENT
(a) The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed $10,000 or the total term of the Agreement unless additional payment is approved as provided in this Agreement.
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(b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City’s written authorization is given to Consultant for the performance of said services.
The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement, but in no event shall total compensation exceed Ten Thousand Dollars ($10,000.00). Any additional work in excess of this amount shall be approved by the City Council.
(c) Consultant will submit invoices monthly for actual services performed.
Said invoices shall detail all costs, rates and hours for individual tasks. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of the Consultant’s fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. (d) Consultant agrees that, in no event shall City be required to pay to Consultant any sum in excess of ninety-five percent (95%) of the maximum payable hereunder prior to receipt by City of all final documents, together with all supplemental technical documents, as described herein acceptable in form and content to City. Final payments shall be made no later than sixty (60) days after presentation of final documents and acceptance thereof by City.
6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise.
If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement. (b) In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant on a pro-rata basis the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 5(c).
7. DEFAULT OF CONSULTANT
(a) The Consultant’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the MONTCLAIR CITY COUNCIL MEETING – 03/21/2022 Page 61 of 94 AGREEMENT NO. 22-21
Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant’s control, and without fault or negligence of the Consultant, it shall not be considered a default.
(b) If the City Manager or his/her delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
8. OWNERSHIP OF DOCUMENTS
(a) Consultant shall maintain complete and accurate records with respect to billed time, sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
(b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, claims, applications, computer files, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant’s office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.
9. INDEMNIFICATION
(a) Defense, Indemnity and Hold Harmless. Consultant shall defend, indemnify, and hold harmless the City, its present and former officers, directors, employees, agents, staff, volunteers, mayor, council, boards, committees, and representatives, as broadly interpreted (collectively, the “Indemnified Parties”), of and from all claims, suits, demands, obligations, losses, damages, sums, or any other matters threatened or presently asserted, including but not limited to all legal fees, costs of MONTCLAIR CITY COUNCIL MEETING – 03/21/2022 Page 62 of 94 AGREEMENT NO. 22-21
defense and litigation expenses (including legal fees, expert fees and any other costs or fees, including those of adverse parties imposed on or sought against the Indemnified Parties), arising directly or indirectly out of any liability or claim of loss or liability for personal injury, bodily injury to persons, contractual liability, errors or omissions, breach, failure to perform, damage to or loss of property, or any other loss, damage, injury or other claim of any kind or nature arising out of the work to be performed by Consultant herein, caused by or arising out of the negligent acts or omissions, or intentional misconduct of Consultant, including its subcontractors, subconsultants, employees, agents, and other persons or entities performing work for Consultant. (b) Contractual Indemnity. To the fullest extent permitted under California law, Consultant shall contractually indemnify, defend and hold harmless the Indemnified Parties from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, amounts for good faith settlement, or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees and costs), arising out of or related to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to Consultant’s officers, agents, representative, employees, independent contractors, subcontractors, subconsultants, or affiliated or related entities and/or its or their employees, agents and representatives, caused by or arising out of all negligent acts or omissions, or intentional misconduct of Consultant, including its subcontractors, subconsultants, employees, agents and other persons or entities performing work for Consultant. Indemnification shall include any claim that Consultant, or Consultant’s employees or agents, are or may be considered and treated as employees of the City or are entitled to any employee benefits from City including but not limited to those available under Public Employees Retirement Law.
The obligation to indemnify, defend and hold harmless the Indemnified Parties shall apply to all liability as defined above regardless of whether the Indemnified Parties were or are alleged to have been negligent, except that it shall not apply to claims arising from the sole negligence or willful intentional misconduct of the Indemnified Parties.
Consultant’s obligation to defend the Indemnified Parties is not contingent upon there being an acknowledgement of or determination of the merit of any claims, liability, demands, causes of action, suits, losses, expenses, errors, omissions and/or costs. (c) Subcontractors/Subconsultants and Indemnification. Consultant agrees to and shall obtain executed indemnity agreements in favor of the Indemnified Parties with provisions identical to those set forth from each and every Subcontractor, Sub consultant, or other person or entity involved by, for, with, or on behalf of Consultant in the performance of any aspect of this Agreement. In the event Consultant fails to obtain such indemnity obligations, Consultant shall be fully responsible for each and every Subcontractor, Subconsultant or other person or entity in terms of defense, indemnity and hold harmless obligations in favor of the Indemnified Parties as set forth above.
This obligation to indemnify and defend the Indemnified Parties is binding on the successors, assigns, or heirs of Consultant and shall survive the full performance or termination of this Agreement. These indemnification provisions are independent of and shall not in any way be limited or superseded by the insurance requirements and insurance-related provisions of this Agreement.
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(d) City Lost or Damaged Property – Theft. Consultant further agrees to pay or cause to be paid to the Indemnified Parties’ benefit, any and all damages, fines, penalties, and loss or theft of property of the City arising out of or related in any way to the negligent acts or omissions or intentional misconduct of Consultant or of Consultant’s officers, agents, representatives, employees, independent contractors, subcontractors or affiliated or related entities and/or its or their employees, agents and representatives, whether such actions, omissions to act, negligence or intentional conduct is or was authorized by this Agreement or not. City assumes no responsibility whatsoever for any property placed on the premises of City. Consultant further agrees to waive all rights of subrogation against the Indemnified Parties. (e) Non-Waiver and Non-Exhaustion of City’s Further Rights and Remedies.
No aspect of this provision shall in any way limit or effect the rights of the Indemnified Parties against the Consultant under the terms of this Agreement or otherwise. The indemnification provisions shall apply regardless of whether this Agreement is executed after Consultant begins the work and shall extend to claims arising after this Agreement is performed or terminated, including a dispute as to the termination of Consultant. The indemnity obligations of Consultant shall continue until it is determined by final judgment that the claim against the City and any Indemnified Parties is determined by final judgment and after exhaustion of any rights of appeal. Further, no aspect of this provision shall impact the City’s rights to contribution from Consultant, or for the City to dispute Consultant’s refusal to defend and indemnify City. (f) Limitations on Scope of Indemnity. Notwithstanding the foregoing, Consultant shall not be responsible for indemnification for claims or losses caused by the sole negligence or intentional wrongdoing of Indemnified Parties. Further, the indemnity provided shall be interpreted as broadly as permitted under California law and as to agreements between parties and shall if required be reformed to be consistent with those laws to protect and save this provision for the protection of the Indemnified Parties.
(g) The obligations of Consultant under this or any other provision of this Agreement shall not be limited by the provisions of any workers’ compensation act or similar act. The Consultant expressly waives any statutory immunity under such statutes or laws as to the Indemnified Parties. The Consultant’s indemnity obligation set forth in this Section 9 shall not be limited by the limits of any policies of insurance required or provided by the Consultant pursuant to this Agreement. (h) The Consultant’s covenant under this Section 9 shall survive the expiration or termination of this Agreement.
10. INSURANCE
The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
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(a) Types of Required Coverages
Without limiting the indemnity provisions of the Contract, the Consultant shall procure and maintain in full force and effect during the term of the Contract, the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(1) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 00 01, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $1,000,000 per occurrence, and $2,000,000 aggregate total bodily injury, personal injury, and property damage.
(b) Endorsements
Insurance policies shall not be in compliance if they include any limiting provision or endorsement. The insurance policies shall contain, or be endorsed to contain, the following provisions:
(1) Commercial General Liability
Additional Insured: The City, its elected officials, officers, employees, volunteers, boards, agents and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or operations. Coverage for the additional insureds shall apply to the fullest extent permitted by law.
Additional Insured Endorsements shall not:
1. Be limited to “Ongoing Operations”
2. Exclude “Contractual Liability
3. Restrict coverage to the “Sole” liability of contractor
4. Exclude “Third-Party-Over Actions”
5. Contain any other exclusion contrary to the Agreement Additional Insured Endorsements shall be at least as broad as ISO Forms CG 20 10 11 85; or CG 20 and 10 and CG 2037.
Primary Insurance: This insurance shall be primary and any other insurance, whether primary, excess, umbrella or contingent insurance, including deductible, or self-insurance available to the insureds added by endorsement, shall be in excess of, and shall not contribute with, this insurance. Coverage shall be at least as broad as ISO CG 20 01 04 13.
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(c) Notice of Cancellation
Required insurance policies shall not be cancelled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (d) Waiver of Subrogation
Required insurance coverages shall not prohibit Consultant from waiving the right of subrogation prior to a loss. Consultant shall waive all rights of subrogation against the indemnified parties and policies shall contain or be endorsed to contain such a provision. This provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer.
(e) Evidence of Insurance
All policies, endorsements, certificates, and/or binders shall be subject to approval by the City as to form and content. These requirements are subject to amendment or waiver only if so approved in writing by the City. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. (f) Deductible or Self-Insured Retention
Any deductible or self-insured retention must be approved in writing by the City and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the Consultant or the City.
(g) Contractual Liability/Insurance Obligations
The coverage provided shall apply to the obligations assumed by the Consultant under the indemnity provisions of this Agreement. The insurance obligations under this Agreement shall be: (1) all the insurance coverage and/or limits carried by or available to the Consultant; or (2) the minimum insurance coverage requirements and/or limits shown in this Agreement; whichever is greater. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits, which are applicable to a given loss, shall be available to the City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of the Consultant under this Agreement.
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(h) Failure to Maintain Coverage
Consultant agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City. The City shall have the right to withhold any payment due Consultant until Consultant has fully complied with the insurance provisions of this Contract. In addition, the City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may take out the necessary insurance and pay, at Consultant’s expense, the premium thereon.
In the event that the Consultant’s operations are suspended for failure to maintain required insurance coverage, the Consultant shall not be entitled to an extension of time for completion of the Work because of production lost during suspension.
(i) Acceptability of Insurers
Each such policy shall be from a company or companies with a current A.M. Best’s rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. Any other rating must be approved in writing in accordance with the City. (j) Claims Made Policies
If coverage is written on a claims-made basis, the retroactive date on such insurance and all subsequent insurance shall coincide or precede the effective date of the initial Consultant’s Agreement with the City and continuous coverage shall be maintained or an extended reporting period shall be exercised for a period of at least five (5) years from termination or expiration of this Agreement. (k) Insurance for Subcontractors
Consultant shall be responsible for causing
Subcontractors/Subconsultants to purchase the same types and limits of insurance in compliance with the terms of this Agreement, including adding the City as an Additional Insured, providing Primary and Non-Contributory coverage and Waiver of Subrogation to the Subcontractors’/Subconsultant’s policies. The Commercial General Liability Additional Insured Endorsement shall be on a form at least as board as CG 20 38 04
13. 11. INDEPENDENT CONTRACTOR
(a) Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control and shall not be construed to be employees of City for any purpose, including eligibility under Public Employees Retirement Law. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents, except as set forth in this Agreement.
Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City.
Consultant shall not incur or have the power to incur any debt, obligation, or liability MONTCLAIR CITY COUNCIL MEETING – 03/21/2022 Page 67 of 94 AGREEMENT NO. 22-21
whatever against City, or bind City in any manner. Consultant shall be solely responsible and hold the City harmless for all matters relating to the payment of Consultant’s employees, including compliance with Social Security withholdings and all other regulations governing such matters.
(b) No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.
12. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section.
13. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City of Montclair in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City of Montclair will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.
Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.
14. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the project performed under this Agreement.
15. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, MONTCLAIR CITY COUNCIL MEETING – 03/21/2022 Page 68 of 94 AGREEMENT NO. 22-21
testimony at depositions, responses to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. (b) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, requests for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Consultant.
However, City’s right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
(c) Consultant shall comply with all applicable federal, state and local Conflict of Interest laws, including the Political Reform Act (California Government Code, Section 81000, et. seq.) and California Government Code, Section 1090, et. seq.
Consultant covenants that neither he/she nor any officer or principal of their firm have any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder. Consultant further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent or subconsultant.
Consultant further covenants that Consultant has not contracted with nor is performing any services, directly or indirectly, with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area and further covenants and agrees that Consultant and/or its subconsultants shall provide no service or enter into any agreement or agreements with a/any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area prior to the completion of the work under this Agreement. Further, Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to the City as a result of the performance of this Agreement, or the services that may be procured by the City as a result of the recommendations made by the Consultant. The Consultant’s covenant under this Section shall survive the termination of this Agreement.
16. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:
MONTCLAIR CITY COUNCIL MEETING – 03/21/2022 Page 69 of 94 AGREEMENT NO. 22-21
To City: Director of Community Development
City of Montclair
5111 Benito Street
Montclair, CA 91763
To Consultant: John Strickler
The Strickler Association
3508 Waco Avenue
Simi Valley, CA 93063
17. ASSIGNMENT AND SUBCONTRACTING
The Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, nor any monies due hereunder, without prior written consent of the City. The City’s consent to an assignment of rights under this Agreement shall not release the Consultant from any of its obligations or alter any of its obligations to be performed under this Agreement. Any attempt at assignment or delegation by the Consultant in violation of this Section 17 shall be void and of no legal effect and shall constitute grounds to terminate this Agreement for cause. The Consultant shall not subcontract any performance required under this Agreement without the City’s prior written consent.
18. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement, including a City of Montclair business license.
19. GOVERNING LAW
The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Montclair.
20. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material.
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21. CONTENTS OF REQUEST FOR PROPOSALS
Consultant is bound by the contents of City’s Request for Proposal, Exhibit "C" hereto and incorporated herein by this reference, and the contents of the proposal submitted by the Consultant, Exhibit "D" hereto. In the event of conflict, the requirements of City’s Request for Proposals and this Agreement shall take precedence over those contained in the Consultant’s proposals.
22. CONFIDENTIALITY
Information and materials obtained by the Consultant from City during the performance of this Agreement shall be treated as strictly confidential and shall not be used by the Consultant for any purpose other than the performance of this Agreement.
Consultant’s covenant under this Section shall survive the expiration or termination of this Agreement.
23. DISCRIMINATION
The Consultant agrees that no person shall be excluded from employment in the performance of this Agreement on grounds of race, creed, color, sex, age, marital status, or place of national origin. In this connection, the Consultant agrees to comply with all County, State and Federal laws relating to equal employment opportunity rights.
24. EFFECT OF PARTIAL INVALIDITY
If any term or provision of this Agreement shall be held invalid or unenforceable, the remainder of this Agreement and any application of the terms shall remain valid and enforceable under this Agreement or California law.
25. CLAIMS AGAINST CITY
Consultant must comply with the claim procedures set forth in Government Code sections 900, et. seq., and/or Montclair Municipal Code, Chapter 1.16, as applicable, prior to filing any lawsuit against the City. Such claims and any subsequent lawsuit based upon the claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.
26. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
27. NO THIRD PARTY BENEFICIARIES
This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.
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28. COST OF LITIGATION
If any legal action is necessary to enforce any provision of this Agreement or for damages by reason of an alleged breach of any provisions of this Agreement (whether in contract, tort or both), the prevailing Party shall be entitled to receive from the losing Party all attorneys’ fees, costs and expenses in such amount as the courts may determine to be reasonable. In awarding the cost of litigation, the court shall not be bound by any court fee schedule, but shall, if it is in the interest of justice to do so, award the full amount of costs, expenses and attorneys’ fees paid or incurred in good faith.
29. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
30. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY CONSULTANT
City of Montclair The Strickler Association
By: By:
Javier John Dutrey, Mayor John Strickler, Owner
Attest:
By:
Andrea M. Myrick, City Clerk
Approved as to Form:
By:
Diane E. Robbins, City Attorney
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EXHIBIT A
SCOPE OF SERVICES
The following represents the Scope of Services that The Strickler Association will provide to the City of Montclair and the City of Montclair Housing Authority:
Provide consulting support and technical assistance as may be required. The duties can include:
1. Preparation of various reports, documents, and correspondence as required by the City of Montclair and the City of Montclair Housing Authority including Affordable Housing Multi-Family Rental project development and implementation.
2. Review and analysis of information regarding Affordable Housing Agreements and Projects.
3. Research of various issues involving real property rights.
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EXHIBIT B
TERMS OF PAYMENT
1. The Consultant's hourly compensation rate shall be $120.00 for up to forty (40) hours per week with a total “not-to-exceed” fee of $10,000.
2. The Consultant will submit an invoice to the City once a month for progress payments along with documentation evidencing Services completed to date. The progress payment is based on actual time and materials expended in furnishing authorized Professional Services during the preceding calendar month. At no time will the City pay for more services than have been satisfactorily completed.
3. The City shall pay the Consultant for all invoiced, authorized professional services within thirty (30) days of receipt of the invoice for same.
4. Any fees for authorized professional Services furnished by the Consultant which have not been paid or contested by the City within 30 days of the City’s receipt of invoice for such Services will be subject to a late charge of one percent (1%) of the unpaid amount for each month for which the payment has not been received by the Consultant.
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CITY COUNCIL
AGENDA REPORT
DATE: MARCH 21, 2022
SECTION: CONSENT - RESOLUTIONS
ITEM NO.: 1
FILE I.D.: STG025
DEPT.: ECONOMIC DEV.
PREPARER: M. FUENTES
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 22–3340 OPPOSING THE POTENTIAL FORTHCOMING STATEWIDE BALLOT MEASURE, THE “TAXPAYER PROTECTION AND GOVERNMENT ACCOUNTABILITY ACT”
REASON FOR CONSIDERATION: The City Council is requested to consider adoption of Resolution No. 22–3340 opposing the potential forthcoming statewide ballot measure, Taxpayer Protection and Government Accountability Act, which would limit voters’ authority pertaining to the use of revenues from taxes and fees, adopts new and stricter rules for raising taxes and fees on the state and local governments, and makes it more difficult to hold violators of state and local laws accountable.
A copy of proposed Resolution No. 22–3340 opposing the potential forthcoming ballot measure Taxpayer Protection and Government Accountability Act, is attached for the City Council’s review and consideration.
BACKGROUND: On January 4, 2022, the California Business Roundtable filed the Taxpayer Protection and Government Accountability Act with the Office of the Attorney General requesting the preparation of a circulating title and summary of the measure.
Currently, proponents of the initiative are collecting signatures to place the initiative on the ballot for the November 2022 statewide election.
The “Taxpayer Protection and Government Accountability Act” would do the following:
Limit Voter Authority and Accountability
Prohibit local voters from providing direction on how local tax dollars should be spent by prohibiting local advisory committees.
Invalidate the court’s decision in “California Cannabis Coalition v. City of Upland” that allows a majority of local voters to pass special taxes. New special taxes proposed by voters under the provisions of this initiative would be subject to the same rules as taxes placed on the local ballot by a city council, which requires two–thirds of voters’ approval instead of 51 percent. All tax measures passed between January 2022 and November 2022 would be invalidated unless re– approved by voters within 12 months.
Restrict Local Fee Authority to Provide Local Services
Set new standards for fees and charges paid for the use of local and state government property. The standard would significantly restrict the amount of funds that oil companies, utilities, gas companies, garbage companies, cable companies, and other corporations pay for their use of public property.
MONTCLAIR CITY COUNCIL MEETING – 03/21/2022 Page 75 of 94 Change the definition of “actual cost” for fees and charges. Except for licensing and other regulatory fees, fees and charges could not exceed the “actual cost,” defined as “the minimum amount necessary to reimburse the government for the cost of providing the service or product…less all other sources of revenue…received to provide such service or product.”
Restrict Authority of State and Local Governments to Issue Fines and Penalties for Violations of Law
Require voter approval of fines, penalties, and levies for corporations and property owners that violate state and local laws unless a new, undefined adjudicatory process is used to impose the fines and penalties.
Restrict Local Tax Authority to Provide Local Services
Require voter approval to expand existing taxes (e.g.,TOT) to new territory (e.g., annexation) or expand the base (e.g., new utility service). Require that new taxes can be imposed only for a specific time period. Require that all taxes adopted after January 1, 2022, that do not comply with the language in the new measure be void unless reenacted.
Require all state taxes require majority voter approval Prohibit any surcharge on the property tax rate and allocation of property tax to state.
According to the California Legislative Analyst’s Office (LAO), the initiative would amend the State Constitution to change the rules for how the state and local governments can impose taxes, fees, and other charges. The LAO further states that local governments would generally face greater restrictions for raising revenue. By expanding the definition of taxes and restricting administrative changes to fees, the initiative would make it harder for local governments to increase revenues. Consequently, future local tax and fee revenues could be lower than they would be otherwise.
The extent to which revenues would be lower is unknown for local governments, but fees could be more impacted. The actual impact on local government revenues would depend on various factors, including future decisions by the courts, local governing bodies, and voters.
The League of California Cities (Cal Cities), along with a broad coalition of local governments, labor and public safety leaders, infrastructure advocates, and businesses, strongly oppose this initiative.
FISCAL IMPACT: Adoption of proposed Resolution No. 22–3340 opposing the potential forthcoming statewide ballot measure, the “Taxpayer Protection and Government Accountability Act,” would not have a direct fiscal impact on the General Fund. However, if the “Taxpayer Protection and Government Accountability Act” were to be approved by the voters at the November 2022 statewide election, the City would see undetermined negative fiscal impacts related to revenues received from taxes and fees collected.
RECOMMENDATION: Staff recommends the City Council adopt Resolution No. 22–3340 opposing the potential forthcoming statewide ballot measure, the “Taxpayer Protection and Government Accountability Act.”
MONTCLAIR CITY COUNCIL MEETING – 03/21/2022 Page 76 of 94 Resolution No. 22–3340 Page 1 of 1
RESOLUTION NO. 22–3340
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTCLAIR
OPPOSING THE POTENTIAL FORTHCOMING STATEWIDE BALLOT
MEASURE, THE "TAXPAYER PROTECTION AND GOVERNMENT
ACCOUNTABILITY ACT"
WHEREAS, an association representing California's wealthiest corporations is behind a deceptive proposition aimed for the November 2022 statewide ballot; and WHEREAS, the initiative creates new constitutional loopholes that would allow corporations to pay far less than their fair share for the impacts they have on our communities, including local infrastructure, our environment, water quality, air quality, and natural resources; and
WHEREAS, the initiative includes undemocratic provisions that would make it more difficult for local voters to pass measures needed to fund local services and infrastructure, and would limit voter input by prohibiting local advisory committees where voters provide direction on how they want their local tax dollars spent; and WHEREAS, the initiative would make it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect the environment, public health and safety, and neighborhoods; and WHEREAS, the initiative would put billions of dollars currently dedicated to state and local services at risk, and could force cuts to public schools, fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more; and WHEREAS, the initiative would also reduce funding for critical infrastructure like streets and roads, public transportation, drinking water, new schools, sanitation, and utilities.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Montclair hereby opposes the “Taxpayer Protection And Government Accountability Act.” BE IT FURTHER RESOLVED that the City Council of the City of Montclair will join the “NO on the Taxpayer Protection And Government Accountability Act Coalition,” a growing coalition of public safety, labor, local government, infrastructure advocates, and other organizations throughout the state.
APPROVED AND ADOPTED this XX day of XX, 2022.
Mayor
ATTEST:
City Clerk
I, Andrea M. Myrick, City Clerk of the City of Montclair, DO HEREBY CERTIFY that Resolution No. 22–3340 was duly adopted by the City Council of said city and was approved by the Mayor of said city at a regular meeting of said City Council held on the XX day of XX, 2022, and that it was adopted by the following vote, to–wit:
AYES: XX
NOES: XX
ABSTAIN: XX
ABSENT: XX
Andrea M. Myrick
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 03/21/2022 Page 77 of 94
CITY COUNCIL
AGENDA REPORT
DATE: MARCH 21, 2022
SECTION: BUSINESS ITEMS
ITEM NO.: A
FILE I.D.: PER775/CYC145
DEPT.: CITY MGR.
PREPARER: E. STARR
SUBJECT: CONSIDER DISCUSSING AND PROVIDING DIRECTION REGARDING CONSIDERATION
OF A RESOLUTION OF CENSURE DISAPPROVING AND CENSURING CERTAIN
CONDUCT AND BEHAVIOR OF MONTCLAIR CITY COUNCIL MEMBER BENJAMIN LOPEZ
AND RATIFYING PROTECTIVE ACTIONS TAKEN, AND RECOMMENDED, BY THE CITY
MANAGER
REASON FOR CONSIDERATION: At the March 7, 2022 meeting of the City Council, a motion was made and adopted by a majority of the City Council to place on the March 21, 2022, City Council agenda a discussion to consider censuring Council Member Benjamin Lopez.
The censure discussion voted on and adopted by the City Council is a response to:
1. The findings made by an independent workplace investigator sustaining the allegations of certain employees that Council Member Benjamin Lopez interacted with them in an inappropriate manner; and
2. The filing of separate verified complaints in lawsuits by the same two employees containing allegations of discrimination based on sexual orientation and unlawful sexual harassment against Council Member Benjamin Lopez.
Information related to the City Council’s direction to hold a discussion about censuring Council Member Lopez is provided in this report, which the City Council may choose to consider via adoption of a Resolution of Censure at a future meeting.
BACKGROUND: Hiring of workplace investigator. At its meeting of August 2, 2021, the City Council approved Agreement No. 21–47 with EXTTI for professional workplace services in expert testimony, training, and investigations. The EXTTI investigator, an independent workplace investigator — certified by the Association of Workplace Investigators — conducted an investigation into the allegations made by certain employees of the City, and sustained the allegations. The investigator provided the City Council with an oral presentation of the investigation and findings reached in closed session at the March 1, 2022, Special Meeting.
The workplace investigation sustained allegations that Council Member Benjamin Lopez, as a private individual and outside the course and scope of his duties, responsibilities, and performance as a member of the City Council, (1) conducted an extended conversation with an employee about his sexual orientation; and (2) intentionally hid his identity from a different employee when they communicated on social media dating sites, which included the sharing of sexually explicit content and photographs.
City Manager’s duty to protect employees. Pursuant to Chapter 2.08 of the Montclair Municipal Code, the City Manager is officially charged with supervising the employees of the organization. Conversely, City Council members have no such charge and should not become involved with individual employees. Any direct involvement in personnel– related matters is only to be contemplated by the whole of the City Council, and even MONTCLAIR CITY COUNCIL MEETING – 03/21/2022 Page 78 of 94 then as a matter of consideration related to employees over whom the City Council has appointing authority — the City Manager and City Attorney.
The City Manager, in his leadership role for all employees of the organization, implements procedures and programs in compliance with state and federal laws designed to protect employees from harassment and discriminatory treatment.
When allegations of harassment, discrimination, bullying or retaliation allegedly originate with a member of the City Council, the City Manager enacts decisions designed to protect employees from a repeat of such behavior, while remaining respectful of free speech, legislative prerogatives and the incumbent’s continued exercise of Council authority.
Employees’ reporting of incidents to the City. After certain employees of the City made allegations and reported to City management what they believed to be inappropriate actions by Council Member Benjamin Lopez as set forth above, the City Manager determined there was an immediate need to implement a number of protective workplace measures to protect the employees of the organization. These protective measures gained greater relevance and urgency after an independent workplace investigator presented findings that sustained the allegations made by the employees.
City Manager’s protective actions.
Actions Taken by the City Manager to Protect Employees from Harassment, Discrimination, Bullying and Retaliation
1. When certain employees (complainants) respectively brought their complaints regarding inappropriate interactions with Council Member Benjamin Lopez to the City Manager’s attention, each complaint was treated with due seriousness, employees were offered organizational support, and referrals were made available through a third–party counseling service provided by the City.
2. Each employee was directed to preserve any evidence in their possession.
3. Each employee was advised of the following:
a) Through their respective labor group agreements, complaint and grievance processes have been established.
b) Employees have the right to file a complaint with the City. c) Employee complaints are to be processed and treated with fairness and respect.
d) Employee class status based on sexual orientation, gender identity and expression, marital status, political affiliation and other classes are protected under Federal and State law.
e) Any complaint, grievance or claim filed shall not be construed as a workplace violation or an egregious act against the City or any employee, officer or agent of the City.
f) Respective complaints would be handled discreetly, and with as much confidentiality as possible.
g) An independent workplace investigator would be hired to conduct an investigation into respective allegations, and no effort would be made by the City to conduct the investigation in–house.
MONTCLAIR CITY COUNCIL MEETING – 03/21/2022 Page 79 of 94 h) If a written investigation report is produced, the City would seek to keep the completed report confidential and redact employee identities where possible in the event the report is subject to disclosure through subpoena, discovery, or other judicial disclosure order.
i) The Montclair organization seeks to prevent, and takes seriously, any form of harassment, discrimination, bullying or retaliation against any employee by any other employee, officer or agent of the City. Steps taken by the City Manager are intended to protect employees from discrimination, harassment, bullying or retaliation within the organization. Furthermore, any form of harassment, discrimination, bullying or retaliation shall be dealt with through appropriate levels of training, direction, and discipline. j) Complainants would not be subject to any adverse employment action related to the filing of their respective complaints, or their cooperation in an investigation into their respective allegations, including the following adverse employment actions:
Termination;
Retaliation;
Discipline;
Reduction in pay;
Demotion;
Change in shift or work hours;
Change in job responsibilities not associated with advancement; Isolation or ostracism;
Exclusion from meetings or functions;
Or any threat of the above.
4. Each employee was directed to separately meet with the Administrative Services/ Human Resources Director regarding the filing and processing of their respective complaints.
5. Each complainant is permitted to conduct their daily assignments without restriction and in a manner which, to the greatest degree possible, minimizes contact with Council Member Benjamin Lopez. In furtherance of this latter objective, each complainant is provided discretionary latitude regarding the performance of any duty that may place the employee in a position where in– person contact with Council Member Lopez may be unavoidable.
Options for discretionary latitude include the following:
a) Excused attendance from meetings and other City activities; b) Temporary reassignment;
c) Meeting attendance through Zoom or telephonically, rather than in–person; d) Telecommuting or work–at–home, when feasible; and
e) Other proposed options.
MONTCLAIR CITY COUNCIL MEETING – 03/21/2022 Page 80 of 94 The above discretionary measures are intended to avoid adverse employment actions that may hinder a complainant’s performance of duties.
6. At different points during the course of the independent investigation into the employees’ allegations, the City Attorney directed Council Member Benjamin Lopez to avoid all personal and professional interactions with the complainants.
7. An independent workplace investigator was hired to conduct an investigation into certain employee allegations of inappropriate interactions initiated by Council Member Benjamin Lopez.
8. Prior to and after filing their respective complaints, each complainant received scheduled promotions, above–average performance evaluations, and merit– based wage and benefit adjustments.
9. The City Manager regularly meets with each complainant to inquire about (i) any interactions or potential interactions with Council Member Benjamin Lopez; and (ii) any mistreatment from any employee, supervisor, manager, agent or officer of the City that may be directly or indirectly related to the nature of the harassing or discriminatory treatment, or stem from the filing of their respective complaints.
10. Supervisors are prohibited from taking any adverse employment action as it relates to the subject matter of any investigation, an employee’s protected status, and/or the filing of any complaint or civil action. No employment–related matter, including those related to the filing of any complaint, the conduct of an investigation, or an employee’s protected status shall be used as pretext for an adverse employment action.
11. Complainants are protected from, and shall not be subject to, any continued or future form of harassment, bullying, discrimination or retaliation as it relates to their protected status or their respective decisions to file complaints or civil actions.
12. There shall be no restrictions on a complainant’s ability to professionally develop and advance in the Montclair organization.
13. Education is the best tool to prevent and eliminate harassment, discrimination bullying and retaliation in the workplace. California law requires employers with five or more employees to provide harassment prevention training to City Council Members, managers, supervisors and other designated employees every two years. Montclair complies with state training and education requirements.
Mandatory harassment prevention training is provided within six months of date of hire, promotion, appointment or election to office, and again every two years thereafter. City Records indicate that each member of the City Council has received the required harassment prevention training.
Harassment prevention training has two objectives:
a) Provide insight on how an employee can recognize harassment, discrimination, bullying and retaliation; and
b) Communicate with employees, officers, elected and appointed officials, and agents that unwelcome harassing conduct will not be tolerated, and no employee, officer, or agent of the City shall engage in any form of MONTCLAIR CITY COUNCIL MEETING – 03/21/2022 Page 81 of 94 harassment, discrimination, bullying, retaliation, or creation of a hostile work environment.
14. The independent workplace investigator has sustained allegations made by certain employees; therefore, Council Member Benjamin Lopez will be required to recuse himself from voting on, and future involvement in, any personnel– related matter related to the complainants.
15. Upon the City Council’s receipt of the oral report presented by the independent workplace investigator sustaining certain allegations, access restrictions to City facilities and other prohibitions were imposed on Council Member Benjamin Lopez. These restrictions were communicated to Council Member Lopez on March 3, 2022, and include the following:
a) Access to all City–owned and operated facilities is restricted. This restriction includes removal of all entry authorizations related to external and internal electric doors at all City facilities.
For the purpose of conducting City Council business, access is permitted to the following areas at City facilities during regular operating hours only:
Public areas of City facilities;
City Council Chambers and City Manager’s Conference Room, or other designated locations controlled and operated by the City for scheduled meetings of the City Council; and
Other City meeting rooms and offices as required for the purpose and benefit of the City and by direct invite by the City Manager, or at Council Member Benjamin Lopez’ request and upon approval by the City Manager.
b) Prohibition against one–on–one contact with employees of the City of Montclair, including the participation in ride–along events provided through the City’s Code Enforcement, Public Works, Human Services, Police and Fire Departments.
c) Prohibition against overnight stays in public safety crew sleeping quarters. d) Prohibition against the use of any locker room or exercise facilities owned and operated by the City and available to, or designated for use by, employees of the City.
e) In the proximity of complainants, Council Member Benjamin Lopez bears the burden and responsibility to avoid physical interaction and visual or spatial contact with the complainant(s).
Employees shall be excused from performing their official duties if doing so brings them into contact with Council Member Benjamin Lopez, or shall be provided other accommodations as necessary to protect them. f) Prohibition against any continued or future form of harassment, bullying, discrimination or retaliation, including as it relates to each complainant’s protected status or their respective decision to file a complaint or civil action. g) Removal of access to the City’s Universal Shared Drive, where documents, photographs, and communications between employees are shared. Any specific City–related document requiring Council Member Benjamin Lopez’ attention will be forwarded to him by the City Manager, City MONTCLAIR CITY COUNCIL MEETING – 03/21/2022 Page 82 of 94 Attorney or City Clerk under separate communication. The City Clerk will arrange for the delivery of City Council agendas, mail and other relevant documents requiring Council Member Lopez’ attention to his home, by email, or otherwise arrange for their pickup by Council Member Lopez or his representative in a public area at City Hall.
h) All intra–agency email and text communications from Council Member Benjamin Lopez shall be directed only to City Council colleagues, the City Attorney or the City Manager, and to the City Clerk for inquires related to City Council agendas and elections only.
i) Except as otherwise provided, prohibition from communicating in an official or personal capacity with any employee of the City of Montclair via electronic communications, social media, written correspondence, or other media. The City of Montclair has provided to Council Member Benjamin Lopez a City–owned and controlled laptop with Wi–Fi access for home use to conduct City business only. Upon request, a City–issued cell phone will also be provided to conduct City business only. Council Member Lopez was advised in writing that all information, texts, emails and actions conducted on City–provided equipment, including attorney–client communications, are discoverable by the City and its agents, and he is required to sign a disclosure form acknowledging the City’s rights in this regard. Failure to not sign or return the disclosure form does not abrogate the City’s legal right to discovery. Council Member Lopez was also advised in writing that any City–related work and communications conducted on personal electronic equipment are also discoverable by the City regardless of acknowledgement of the City’s rights in this regard.
Other prohibitions for Council consideration. In connection with the City Council’s potential consideration of a Resolution of Censure, the following may be incorporated into a Resolution of Censure:
1. Committee Assignments. City Council Members serve on committees of the City Council by appointment of the Mayor, and approval by a majority of the City Council. The City Council majority may consider removing Council Member Benjamin Lopez from all City Council Committees; sub–committees of the City Council; City–sponsored committees including, but not limited to, event, social, recreation, and community–oriented committees; and inter–agency committees and boards involving City of Montclair representation.
2. Other City Representation. The City Council majority may prohibit Council Member Benjamin Lopez from speaking on behalf of the City Council or representing the City in any capacity other than as authorized in the Montclair Municipal Code.
3. Travel. The City Council may consider prohibiting Council Member Benjamin Lopez from all City–paid/non–paid travel to conferences, meetings, training and/or other events where representation of the City is involved; and non–paid or paid travel provided through other public or private entities where representation of the City of Montclair is involved.
4. Training. The City Council majority may direct attendance by Council Member Benjamin Lopez at a City–approved sexual harassment prevention training program, and other training programs as may be required by the City Manager.
MONTCLAIR CITY COUNCIL MEETING – 03/21/2022 Page 83 of 94 Training should occur within thirty (30) calendar days following adoption of a Resolution of Censure. The City Council may direct that such training be repeated annually, subject to scheduling by the City Manager.
5. Other actions. The City Council and City Manager, from time–to–time, may consider imposing other actions as necessary to protect the employees of the City from harassment, discrimination, bullying, and/or retaliation.
6. Term. All City Council–ratified actions should remain in place until otherwise rescinded by the appropriate authority.
Censure Action. Based on the totality of events as discussed above, at the March 7, 2022 meeting of the City Council, a motion was made and adopted by a majority of the City Council to place on the March 21, 2022 City Council agenda a discussion to consider censuring Council Member Benjamin Lopez.
To aid in the understanding and discussion of the censure process, the following information is presented to the City Council:
1. What is a Censure? Censure is an official condemnation or reprimand of a public official; an authoritative expression of disapproval or blame, taken in open session, which is used to formally recognize and express disapproval of an incumbent’s actions.
2. Purpose of Censure. Censure is used to demonstrate that the City Council does not condone or endorse an incumbent’s behavior or conduct, and that the City Council is taking steps to prevent the conduct from continuing. It serves as a statement to the public that certain behavior is unacceptable to the other Council Members. It is a form of self–policing for elected officials.
3. Reason for Censure. Examples of conduct commonly used as the basis for censuring include the following:
a) Breach of fiduciary duties.
b) Improper or offensive behavior or conduct toward other elected officers, employees, citizens or others.
c) Failure to disclose conflicts of interest.
d) Disruption of City Council meetings (e.g., overt hostility, profanity, intimidation, etc.).
e) Violations of law.
4. Adoption of a Resolution of Censure. A Resolution of Censure is adopted by majority approval of the City Council at a special or regular meeting at which a quorum of the governing board is present. The City Council may adopt a Resolution of Censure if there is substantial evidence in the record to support a City Council decision to censure a City Council incumbent. The Resolution of Censure should state the reasons for the Censure.
5. Impact of Censure on an incumbent’s powers & authority. Censure is a serious action. However, censure does not serve to remove an incumbent from office nor restrict the incumbent’s statutory powers and authority he/she has as a City Council member. A formal censure serves as a collective act of public reprimand, rebuke or disapproval, rendering the subject behavior unacceptable.
MONTCLAIR CITY COUNCIL MEETING – 03/21/2022 Page 84 of 94
6. Due process. A City Council incumbent subject to censure is entitled to due process and an opportunity to be heard on, and respond to, the proposed Resolution of Censure. The City Attorney shall provide the incumbent with advance notice before considering a resolution of censure by email and regular mail.
FISCAL IMPACT: Discussion regarding the possibility of adopting a Resolution of Censure imposes no direct fiscal impact on the City’s General Fund.
RECOMMENDATION: It is the prerogative of the City Council to discuss and provide direction to staff regarding consideration of a Resolution of Censure disapproving and censuring certain conduct and behavior of City Council Member Benjamin Lopez and ratifying protective actions taken, and recommended, by the City Manager.
MONTCLAIR CITY COUNCIL MEETING – 03/21/2022 Page 85 of 94 Personnel Committee Minutes – March 7, 2022 Page 1 of 1
MINUTES OF THE MEETING OF THE MONTCLAIR
PERSONNEL COMMITTEE HELD ON MONDAY,
MARCH 7, 2022, AT 8:20 P.M. IN THE CITY
ADMINISTRATIVE OFFICES, 5111 BENITO STREET,
MONTCLAIR, CALIFORNIA
I. CALL TO ORDER
Mayor Pro Tem Ruh called the meeting to order at 8:20 p.m.
II. ROLL CALL
Present: Mayor Pro Tem Ruh, Council Member Johnson, and City Manager Starr
III. APPROVAL OF MINUTES
A. Minutes of the Regular Personnel Committee Meeting of February 22, 2022.
Moved by Council Member Johnson, seconded by Mayor Pro Tem Ruh, and carried unanimously to approve the minutes of the Personnel Committee meeting of February 22, 2022.
IV. PUBLIC COMMENT – None
V. CLOSED SESSION
At 8:21 p.m., the Personnel Committee went into Closed Session regarding personnel matters related to appointments, resignations/ terminations, and evaluations of employee performance.
At 8:45 p.m., the Personnel Committee returned from Closed Session.
Mayor Pro Tem Ruh stated that no announcements would be made at this time.
VI. ADJOURNMENT
At 8:45 p.m., Mayor Pro Tem Ruh adjourned the Personnel Committee.
Submitted for Personnel Committee approval,
Edward C. Starr
City Manager
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APPROVAL
City Council Adjourned Special Meeting Minutes – March 7, 2022 Page 1 of 1
MINUTES OF THE ADJOURNED SPECIAL MEETING OF THE
MONTCLAIR CITY COUNCIL HELD ON MONDAY, MARCH 7,
2022, AT 5:30 P.M. IN THE CITY COUNCIL CHAMBERS,
5111 BENITO STREET, MONTCLAIR, CALIFORNIA
I. CALL TO ORDER
Mayor Dutrey called the meeting to order at 5:30 p.m.
II. ROLL CALL
Present: Mayor Dutrey; Mayor Pro Tem Ruh; Council Member Johnson; City Manager Starr; City Attorney Robbins; City Clerk Myrick
Absent: Council Members Martinez (arrived at 5:42 p.m.) and Lopez III. PUBLIC COMMENT
Mr. Bruce Culp, resident, provided concerns stemming from disturbing allegations of sexual harassment and retaliation reported at the March 1st meeting following the closed session, including the possibility that a public official is involved with the alleged misconduct and that the City would have to pay out large settlements. He stated he hopes this will be handled fairly to protect the victims and that more light can be shed on the matter.
IV. CLOSED SESSION PURSUANT TO GOVERNMENT CODE §54956.9(d)(1)
REGARDING PENDING LITIGATION
City Attorney Robbins requested the City Council meet in closed session to discuss the below referenced cases.
A. Garcia v. Lopez, City of Montclair, et al.
B. Fuentes v. Lopez, City of Montclair, et al.
V. CLOSED SESSION
At 5:34 p.m., the City Council went into closed session to discuss pending litigation.
At 5:42 p.m., Council Member Martinez arrived in closed session.
VI. CLOSED SESSION ANNOUNCEMENTS
At 6:52 p.m., the City Council returned from closed session.
City Attorney Robbins advised the City Council met in closed session regarding the above two matters of pending litigation; direction was given to staff; and no further announcements would be made at this time.
VII. ADJOURNMENT
At 6:53 p.m., Mayor Dutrey adjourned the City Council.
Submitted for City Council approval,
Andrea M. Myrick
City Clerk
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PENDING
APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – March 7, 2022 Page 1 of 7
MINUTES OF THE REGULAR JOINT MEETING OF THE MONTCLAIR
CITY COUNCIL, SUCCESSOR AGENCY AND MONTCLAIR HOUSING
CORPORATION BOARDS, MONTCLAIR HOUSING AUTHORITY
COMMISSION, AND MONTCLAIR COMMUNITY FOUNDATION
BOARD HELD ON MONDAY, MARCH 7, 2022 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
Mayor/Chair Dutrey asked those in attendance to stand for a moment of silence in support of the people of Ukraine.
Elder Ray Ramirez, Montclair Christian Church, gave the invocation.
III. PLEDGE OF ALLEGIANCE
Council Member/Director Johnson led meeting participants in the Pledge.
IV. ROLL CALL
Present: Mayor/Chair Dutrey; Mayor Pro Tem/Vice Chair Ruh; Council Members/Directors Johnson, Martinez, and Lopez
City Manager/Executive Director Starr; Director of Community Development Diaz; Director of Human Services Richter; Finance Manager Kulbeck; Executive Director of Public Safety/Police Chief Avels; Director of Public Works/City Engineer Heredia; City Attorney Robbins; City Clerk Myrick
V. PRESENTATIONS
A. Proclamation Declaring March 29, 2022 as “Vietnam War Veterans Day” in the City of Montclair
Mayor Dutrey declared March 29, 2022 as Vietnam War Veterans Day in the City of Montclair to commemorate its 50th anniversary. He read an excerpt from the proclamation and stated it would be mailed to the California Department of Veterans Affairs to be displayed at the Barstow Veterans Home during a commemorative ceremony for its residents on March 29th.
VI. PUBLIC COMMENT
A. Ms. Ruby Long, Field Representative for San Bernardino County Fourth District Supervisor Curt Hagman, announced Supervisor Hagman will host the next “Coffee with Curt” event on Saturday, March 19th from 9:00 to 10:30 a.m. at the Chino Police Department.
B. Mrs. Carolyn Raft, resident, expressed her appreciation of the Montclair Police Department in its response to two recent incidents involving her family, and complimented the officers on their courtesy and professionalism.
C. Mr. Bruce Culp, resident, stated his excitement to see the old fire– damaged Pacific Electric Trail bridge being demolished and construction beginning on the Village at Montclair this week. He stated he is also happy to hear about the future park improvements including development of the San Antonio Creek Trail.
VII. PUBLIC HEARINGS
A. First Reading — Consider Ordinance No. 22–1000 Adopting a Policy for the Use of Military Equipment by the Montclair Police Department
Consider Setting a Public Hearing for Monday, March 21, 2022, at 7:00 p.m. in the City Council Chambers to Consider Second Reading and Adoption of Ordinance No. 22–1000
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Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – March 7, 2022 Page 2 of 7 Council Member Lopez expressed his opposition to all unfunded state mandates based on principle, although he knows the City’s hands are tied in this instance.
City Manager Starr advised this mandate encourages transparency and will open more opportunities for grants to the City.
Chief Avels advised the Department currently does not possess any equipment that was sourced from the military.
Council Member Johnson expressed her trust in our City’s police force and noted she does have concerns with certain types of equipment, such as battering rams, which she has seen destroy the fronts of homes when all that was needed was door access.
Chief Avels noted the Department does not have a battering ram nor does it have any intention to acquire one, but other agencies that provide mutual aid may have and use them when assisting with barricade incidents.
Mayor Dutrey declared it the time and place set for public hearing to consider first reading of Ordinance No. 22–1000 and invited comments from the public.
Mr. Culp stated he understands the reason for the state mandate to implement this policy due to excessive force used in other police departments throughout the state. He added he believes the Montclair Police Department performs with the highest level of integrity and professionalism and uses the least force necessary in each situation. He asked if there is any idea how many hours the reporting would take, how many times the Peacekeeper has been used outside of public display at events, and if there will be an external independent audit of these reports.
There being no one else in the audience wishing to speak, Mayor Dutrey closed the public hearing and returned the matter to the City Council for its consideration.
Executive Director of Public Safety/Police Chief Avels stated there is no estimate for how much time the additional reporting would take, but so far extensive time has been used by Department staff to develop reporting methods and log deployments. He stated the Peacekeeper has been used in several incidents as a safe point and rallying zone for officers during dangerous incidents. He recalled several years ago the Peacekeeper was used in a rescue mission when providing mutual aid to the San Bernardino County Sheriff’s Office for officers injured during an active shooter incident. As for the audit, he noted there is no requirement nor does the City have any outside body or commission to review the reports. He noted the reports will be provided to the state, and also posted publicly on the City’s website for public inspection.
Mayor Dutrey opined this bill directly provides information to criminals about what equipment Police Departments have available for use in stopping and preventing crimes.
Moved by Mayor Pro Tem Ruh, seconded by Council Member
Johnson, and carried that Ordinance No. 22–1000 be read by number and title only, further reading be waived, and this be declared its first reading; and that the City Council set a public hearing for Monday, March 21, 2022, at 7:00 p.m. to consider second reading and adoption of Ordinance No. 22–1000.
First reading of Ordinance No. 22–1000 was approved, and public hearing for second reading was set, by the following 4–1 vote:
AYES: Martinez, Johnson, Ruh, Dutrey
NOES: Lopez
ABSTAIN: None
ABSENT: None
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APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – March 7, 2022 Page 3 of 7 VIII. CONSENT CALENDAR
Council Member Lopez stated he had some short questions and comments for Items C–1 and C–3.
Mayor Dutrey requested discussion on Items C–1 and C–3 be provided prior to the vote on the Consent Calendar.
Moved by Council Member/Director Lopez, seconded by Council Member/ Director Martinez, and carried unanimously 5–0, the City Council approved the Consent Calendar with discussion on Items C–1 and C–3:
A. Approval of Minutes
1. Adjourned Meeting — February 16, 2022
The City Council approved the minutes of the February 16, 2022 adjourned meeting.
2. Special Meeting — March 1, 2022
The City Council approved the minutes of the March 1, 2022 special meeting.
3. Regular Joint Meeting — February 22, 2022
The City Council, Successor Agency Board of Directors, Montclair Housing Corporation Board of Directors, Montclair Housing Authority Commissioners, and Montclair Community Foundation Board of Directors approved the minutes of the February 22, 2022 regular joint meeting.
B. Administrative Reports
1. Approval of City Warrant Register and Payroll Documentation The City Council approved the City Warrant Register dated February 22, 2022, totaling $1,476,638.17; and the Payroll Documentation dated January 30, 2022, amounting to
$628,596.13 gross, with $450,199.99 net being the total cash disbursement.
2. Receiving and Filing a Status Report on Emergency
Contracting Procedures for the Pacific Electric Trail Bridge Replacement Project and Determining There is a Need to
Continue the Action
The City Council received and filed a status report on emergency contracting procedures for the Pacific Electric Trail Bridge Replacement Project and determined there is a need to continue the action.
C. Agreements
1. Approval of Agreement No. 22–15 with Fairbank, Maslin, Maullin, Metz & Associates, Inc. (FM3) for Educational
Outreach and Polling Services Subject to Any Revisions
Deemed Necessary by the City Attorney
Council Member Lopez asked how the City can be expected to not use information gathered from a survey about taxing marijuana when trying to place a marijuana tax on the ballot, seeing as the Fair Political Practices Commission forbids it.
City Manager Starr advised the City is allowed to use the information to educate about facts but not to advocate for the passage of the measure. He conceded it is a fine line.
Council Member Lopez asked if the questions are specific as to the types of licenses or amount of taxes to be levied, and if it offers competing versions of ordinances to gauge support for different types of regulations.
City Manager Starr stated the survey is used to determine whether a general basis of support exists for such a tax, which MONTCLAIR CITY COUNCIL MEETING – 03/21/2022 Page 90 of 94
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Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – March 7, 2022 Page 4 of 7 the City Council can use to determine whether to place it on the ballot, in addition to any additional questions they may want to place on the ballot. For instance, the question would be whether they support a tax, yes or no, and if yes if they would support a tax rate of five to ten percent on sales. The examination of policy and specifics within the regulatory ordinances would be up to the City Council.
Mr. Culp stated the ship has sailed to be competitive in the cannabis industry at this point, as most people he knows who indulge use delivery services rather than seeking out stores. He further noted edibles have become increasingly popular for medical reasons to manage conditions such as anxiety rather than taking mood–regulating pharmaceuticals.
The City Council approved Agreement No. 22–15 with Fairbank, Maslin, Maullin, Metz & Associates, Inc. (FM3) for educational outreach and polling services subject to any revisions deemed necessary by the City Attorney.
2. Approval of Agreement No. 22–16 with Springbrook
Software for Migration to the Latest Cloud–Based Solution Authorizing a $60,103.80 Appropriation from the
Technology Reserve Fund for Costs Associated with
Agreement No. 22–16
The City Council took the following actions:
(a) Approved Agreement No. 22–16 with Springbrook
Software for migration to the latest cloud–based solution. (b) Authorized a $60,103.80 appropriation from the
Technology Reserve Fund for costs associated with
Agreement No. 22–16.
3. Approval of Agreement No. 22–17 with KTU&A to Develop the Parks and Recreation Master Plan Subject to Any
Revisions Deemed Necessary by the City Attorney
Authorizing a $200,000 Appropriation from 2021 Lease
Revenue Bond Funds to Cover the Contract Amount and
Reimbursable Expenses
Council Member Lopez complimented KTU&A for their extensive proposal including detailed timelines and deliverables. He stated it appears KTU&A has also come in under budget for the other agencies for whom they have completed similar projects.
Mayor Dutrey advised the City Council has authorized up to $200,000 for the Master Plan, and could ask KTU&A for
additional work up to that amount. He advised last week, staff met with Montclair Little League to discuss future improvements at Saratoga Park and invited them to be involved with KTU&A’s process.
The City Council took the following actions:
(a) Approved Agreement No. 22–17 with KTU&A to develop
the Parks and Recreation Master Plan subject to any
revisions deemed necessary by the City Attorney.
(b) Authorized a $200,000 appropriation from 2021 Lease Revenue Bond funds to cover the contract amount and
reimbursable expenses.
D. Resolutions
1. Adoption of Resolution No. 22–3337 Authorizing Placement of Liens on Certain Properties for Delinquent Sewer and Trash Charges
The City Council adopted Resolution No. 22–3337 authorizing placement of liens on certain properties for delinquent sewer and trash charges.
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APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – March 7, 2022 Page 5 of 7
2. Adoption of Resolution No. 22–3338 Making Factual
Findings in Compliance with AB 361 for the Continuation of Public Meeting Teleconferencing During Public Health
Emergencies for the Period of March 7, 2022, through
April 6, 2022
The City Council adopted Resolution No. 22–3338 making
factual findings in compliance with AB 361 for the continuation of public meeting teleconferencing during public health emergencies for the period of March 7, 2022, through April 6, 2022.
IX. PULLED CONSENT CALENDAR ITEMS — None
X. COMMUNICATIONS
A. Department Reports
1. Public Works Department — Announcement of San Antonio Creek Trail Community Meeting #3
Director of Public Works/City Engineer Heredia announced and invited the public to attend a virtual community workshop to receive an update on the development of the San Antonio Creek Trail. She advised the meeting will be at 6:00 p.m. on March 16, and the public can RSVP by visiting the events calendar on the City’s website and clicking on the meeting link.
B. City Attorney — No Comments
C. City Manager/Executive Director
City Manager Starr reported the City of Montclair was one of two San Bernardino County cities to receive a Caltrans grant of $4.2 million toward Sunset Park improvements, which will include development of the pilot segment of the San Antonio Creek Trail, adjacent to Sunset Park. He advised the San Antonio Creek Trail will provide a bicycle and pedestrian pathway and serve as an example of what the full trail will be to solicit future grant funds, of which the project will require $112 million total. He added work should begin next year.
D. Mayor/Chair
1. Mayor/Chair Dutrey made the following comments:
(a) He noted in addition to being adjourned in memory of Donna James, a former Montclair Community Action
Committee member, tonight’s meeting would also be
adjourned in memory of former Upland City Council
Member Tom Thomas, who tragically passed away after a
bicycle accident in Montclair. He added Mr. Thomas was
also president of the San Antonio Water Company.
(b) He attended the opening ceremonies for the Montclair Little League, which has about 160 children in the
program, on Saturday. He added Golden Girls Softball
also had their opening day on Saturday, which consists of one team that competes in surrounding cities.
E. Council Members/Directors
1. Mayor Pro Tem/Vice Chair Ruh made the following comments:
(a) He noted he was also at the Montclair Little League’s opening day and reported Congresswoman Norma
Torres was also in attendance. He thanked her for helping the City secure federal funds to improve Saratoga and
other City parks.
(b) He complimented the San Antonio Creek Trail project, stating it will be wonderful for residents.
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Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – March 7, 2022 Page 6 of 7 (c) In recognition of Women’s History Month, he discussed women winning the right to vote in 1920 and the passage of the Fair Credit Opportunity Act in 1974, giving women the ability to secure credit and housing without a man’s approval.
(d) He shared that Mrs. James ran a business with her
husband, Montclair Automotive, and was very involved
with Soroptimist International—eventually becoming
head of the regional chapter.
(e) He added Mr. Thomas was also deeply devoted to several wonderful causes like Foothill Family Shelter, for which he served on the board.
(f) He stated the Russian invasion of Ukraine is not about partisan politics, but about democracy. He shared the
famous quote from Martin Niemöller, who was interned
in Nazi concentration camps from 1938 to 1945:
First they came for the socialists, and I did not speak out—because I was not a socialist. Then they came for the trade unionists, and I did not speak out—because I was not a trade unionist. Then they came for the Jews, and I did not speak out—because I was not a Jew. Then they came for me—and there was no one left to speak for me.
2. Council Member/Director Lopez made the following comments:
(a) He thanked those who attended the last Coffee with Curt event on February 26th, including Planning Commissioner and Monte Vista Water District Board Member Manny
Martinez.
(b) He reported Opening Day of Montclair Little League was well attended and he was happy that Congresswoman
Torres was there to announce the $2 million secured for park improvements.
(c) He stated he is looking forward to the Grand Opening event and ribbon–cutting at Aqua Ridge Senior Living.
(d) He mentioned a protected left–turn traffic light issue that was brought to his attention at the Monte Vista Avenue and San Bernardino Street intersection and requested staff
investigate.
(e) He asked that a pothole in the alley behind his home be addressed, noting it was reported but still has not been filled.
3. Council Member/Director Johnson made the following comments:
(a) She apologized for missing the Opening Day festivities for Montclair Little League, noting she could not miss her
granddaughters’ first tee–ball games.
(b) She promoted a Montclair Chamber of Commerce
Networking Breakfast event this Thursday, March 10th at 8:30 a.m. at Brandon’s Diner in Upland, at which a guest speaker from Soroptimist International Montclair/
Inland Valley would give a presentation for Women’s
History Month.
(c) She advised the Chamber would also be hosting the grand opening event for Aqua Ridge Senior Living later that
same day at noon.
(d) She announced the Chamber will be holding another free e–waste drive–through collection event on Saturday and
Sunday, March 26 and 27 from 9:00 a.m. to 2:00 p.m. at
its office located at 8880 Benson Avenue.
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4. Council Member/Director Martinez requested the City Council hold a discussion at its next regular meeting about censuring Council Member Lopez related to information received in the closed sessions held on March 1st and again earlier this evening.
Moved by Council Member Martinez, seconded by Mayor Dutrey, and carried 4–0–1 (Lopez abstained), the City Council directed staff to agendize a discussion for the March 21, 2022 meeting regarding the imposition of a censure on Council Member Lopez.
F. Committee Meeting Minutes
1. Minutes of Public Works Committee Meeting of August 19, 2021
The City Council received and filed the minutes of the Public Works Committee meeting of August 19, 2021, for informational purposes.
2. Minutes of Public Works Committee Meeting of January 20, 2022
The City Council received and filed the minutes of the Public Works Committee meeting of January 20, 2022, for informational purposes.
3. Minutes of Personnel Committee Meeting of February 22, 2022
The City Council received and filed the minutes of the Personnel Committee meeting of February 22, 2022, for informational purposes.
XI. ADJOURNMENT
At 8:14 p.m., Mayor/Chair Dutrey adjourned the City Council, Successor Agency Board, Montclair Housing Corporation Board, Montclair Housing Authority Commission, and Montclair Community Foundation Board.
The meeting was adjourned in memory of Mrs. Donna James, former Montclair Community Action Committee Member, and Mr. Tom Thomas, former Upland City Council Member.
Submitted for City Council/Successor Agency
Board/Montclair Housing Corporation Board/
Montclair Housing Authority Commission/
Montclair Community Foundation Board approval,
Andrea Myrick
City Clerk
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