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Agenda

Montclair City Council
November 7, 2022

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Agenda
Meeting
November 7, 2022
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Montclair City Council
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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, November 7, 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
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.

VII. PUBLIC HEARINGS — None
VIII. CONSENT CALENDAR
A. Approval of Minutes

1. Regular Joint Meeting — October 17, 2022 [CC/SA/MHC/MHA/MCF] 43

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B. Administrative Reports

1. Consider Approval of Warrant Register & Payroll Documentation [CC] 4

2. Consider Authorizing the Purchase of One KME Custom Type–1 Pumper Apparatus in the Total Amount of $838,070.48 [CC]
Consider Authorizing an $838,070.48 Appropriation from the Equipment Replacement Fund for the Purchase of one KME Custom Type–1 Pumper Apparatus [CC] 5

3. Consider Approval of the Filing of a Notice of Completion with the San Bernardino County Recorder for the Fire Station No. 2 Landscaping Project Constructed by Mariposa Landscapes, Inc. [CC]
Consider Authorizing Release of Retention 30 Days After Recordation of Notice of Completion, Reduction of Faithfull Performance Bond to 10 Percent, and Release of Payment Bond After Nine Months Subject to City Attorney Approval [CC] 7

4. Consider Authorizing the Purchase of Perpetual Award Plaques, Frames, and an Organizational Chart for the Police Department in the Total Amount of $15,000 [CC]
Consider Authorizing a $15,000 Appropriation from the State Asset Forfeiture Fund for the Purchase of Said Items [CC] 10
C. Agreements

1. Consider Award of Contract to G&S Carpet Mills, Inc. in the Amount of $64,451.72 with a $9,548.28 Contingency for City Hall Flooring Services [CC]
Consider Approval of Agreement No. 22–98 with G&S Carpet Mills, Inc., for City Hall Flooring Services, Subject to Any Revisions Deemed Necessary by the City Attorney [CC]
Consider Authorizing a $74,000 Appropriation from the Building Maintenance Reserve Fund for City Hall Flooring Services [CC] 11

2. Consider Approval of Agreement No. 22–102 with Graffiti Tracker Inc. for Continued Use of its Database to Track and Analyze Graffiti, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] Consider Authorizing a $3,300 Appropriation from the Prop 30/AB 109 Fund for Costs Associated with Agreement No. 22–102 [CC] 18 D. Resolutions

1. Consider Adoption of Resolution No. 22–3385 Authorizing Placement of Liens on Certain Properties for Delinquent Sewer and Trash Charges [CC] 27

2. Consider Adoption of Resolution No. 22–3386 Making Factual Findings in Compliance with AB 361 for the Continuation of Public Meeting Teleconferencing During Public Health Emergencies for the Period of November 7, 2022, through December 7, 2022 [CC] 33
IX. PULLED CONSENT CALENDAR ITEMS
X. BUSINESS ITEMS — None
MONTCLAIR CITY COUNCIL MEETING – 11/07/2022 Page 2 of 47 Page No.

XI. COMMUNICATIONS
A. Department Reports — None
B. City Attorney

1. Request for City Council to Meet in Closed Session Pursuant to Government Code §54956.9(d)(1) Regarding Pending Litigation [CC]
Garcia v. Lopez, City of Montclair, et al.

Fuentes v. Lopez, City of Montclair, et al.

Kresback v. Hamilton, City of Montclair, et al.

Borra v. City of Montclair
Wheeler v. City of Montclair

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

1. Public Works Committee Meeting — August 18, 2022 [CC] 37

2. Personnel Committee Meeting — October 17, 2022 [CC] 42 XII. CLOSED SESSION
XIII. CLOSED SESSION ANNOUNCEMENTS
XIV. 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, November 21, 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, November 3, 2022.

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