Minutes — Montclair City Council, February 21, 2023

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 TUESDAY, FEBRUARY 21, 2023 AT 7:00 P.M. IN THE CITY COUNCIL CHAMBERS, 5111 BENITO STREET,

MONTCLAIR, CALIFORNIA
I. CALL TO ORDER
Mayor/Chair Dutrey called the meeting to order at 7:00 p.m.

II. INVOCATION
Montclair Police Chaplain and Pastor Joe McTarsney, Calvary Montclair, gave the invocation.

III. PLEDGE OF ALLEGIANCE
Council Member/Director Ruh led meeting participants in the Pledge.

IV. ROLL CALL

Present: Mayor/Chair Dutrey; Mayor Pro Tem/Vice Chair Johnson; Council Members/Directors Ruh and Martinez
City Manager/Executive Director Starr; Assistant City Manager/ Director of Human Services Richter; Director of Finance Kulbeck; Executive Director of Public Safety/Police Chief Avels; Director of Public Works/City Engineer Heredia; City Attorney Robbins; City Clerk Myrick

Absent: Council Member Lopez (excused)
V. PRESENTATIONS
A. Police Department Citizen Valor Award Presented to Vincent Duarte
Executive Director of Public Safety/Police Chief Avels, presented a Citizen Valor Award Certificate and Badge to Vincent Duarte for his heroic actions that saved the life of a Montclair High School student.

Mayor Dutrey presented Mr. Duarte with a Certificate of Recognition on behalf of the City of Montclair.

Representatives from the offices of U. S. Representative Norma Torres and California State Assemblymember Freddie Rodriguez presented Mr. Duarte with Certificates of Recognition, and Mayor Pro Tem Johnson presented him with a Certificate of Recognition on behalf of San Bernardino County Fourth District Supervisor Curt Hagman.

VI. PUBLIC COMMENT
 Ruby Long, Field Representative for San Bernardino County Fourth District Supervisor Curt Hagman, announced the Supervisor’s Office, in partnership with the City of Montclair, is hosting a free document shredding event at City Hall on Saturday, March 11, 2023, from 9:00 a.m. to noon. She also commended Mr. Duarte for his courage.
 Nita L. Watson, owner of The Self Care Lab, a local boxing club, proposed hosting a 5K run event in Montclair during Mental Health Awareness Month in May. She spoke on the importance of providing positive outlets for the children who reside in Montclair in order to benefit their mental health and mentioned safety concerns surrounding her business.

Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – February 21, 2023 Page 2 of 7  Gladstone Rennie, representative of Berkshire United, introduced a program he is working on, The Next Gen Apprenticeship Program, which aims to bring positive opportunities to young men in the community. The intention of the program is to motivate youth to learn new skills in trades such as construction, and motivate those who participate to develop career goals.
 Bill Kaufman spoke in support of legalizing commercial cannabis activities in the City. He provided projections of the taxes he believed the City could earn through these commercial businesses.  Bruce Culp, resident, thanked Mr. Duarte for his heroism and bravery in saving a fellow Montclair resident’s life.
 Edward Gomez, resident, spoke on behalf of Home Owners’ Associations within the City, and their concerns about people speeding on the streets at night. He would like these concerns addressed, potentially by adding street lights and additional police patrols for the area.
 Chris Craig, Field Representative for Assemblymember Freddie Rodriguez, invited the City Council and residents to an upcoming community swearing in ceremony occurring at their Chino District Office on Saturday, March 11, 2023, from 11:00 a.m. to 1:00 p.m.

VII. PUBLIC HEARINGS — None
VIII. CONSENT CALENDAR
City Manager Starr requested Item C–2 be approved with a revision to staff’s recommendation.

ACTION – Consent Calendar
ACTING: City Council
Successor Agency Board
Montclair Housing Corporation Board
Montclair Housing Authority Commissioners
Montclair Community Foundation Board
MOTION: Approve Item C–2 as amended by staff, and approve the remainder of the Consent Calendar as presented.

MADE BY:

SECOND BY:

Council Member/Director Ruh
Council Member/Director Martinez
AYES:

NOES:

ABSTAIN:

ABSENT:

Martinez, Ruh, Johnson, Dutrey
None
None
Lopez
RESULT: Motion carried 4–0–1.

A. Approval of Minutes

1. Regular Joint Meeting — February 6, 2023
ACTION – Consent Calendar – Item A–1
ACTING: City Council
Successor Agency Board
Montclair Housing Corporation Board
Montclair Housing Authority Commissioners
Montclair Community Foundation Board
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez absent).

1. Consider Receiving and Filing City Treasurer's Report – January 2023
ACTION – Consent Calendar – Item B–1
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez absent).

2. Consider Approval of City Warrant Register and Payroll Documentation
ACTION – Consent Calendar – Item B–2
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez absent).

3. Consider Receiving and Filing SA Treasurer’s Report – January 2023
ACTION – Consent Calendar – Item B–3
ACTING: Successor Agency Board
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez absent).

4. Consider Approval of SA Warrant Register – January 2023 ACTION – Consent Calendar – Item B–4
ACTING: Successor Agency Board
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez absent).

5. Consider Receiving and Filing MHC Treasurer's Report – January 2023
ACTION – Consent Calendar – Item B–5
ACTING: Montclair Housing Corporation Board
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez absent).

6. Consider Approval of MHC Warrant Register – January 2023 ACTION – Consent Calendar – Item B–6
ACTING: Montclair Housing Corporation Board
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez absent).

7. Consider Receiving and Filing of MHA Treasurer's Report – January 2023
ACTION – Consent Calendar – Item B–7
ACTING: Montclair Housing Authority Commissioners
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – February 21, 2023 Page 4 of 7 ACTION – Consent Calendar – Item B–7
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez absent).

8. Consider Approval of MHA Warrant Register – January 2023 ACTION – Consent Calendar – Item B–8
ACTING: Montclair Housing Authority Commissioners
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez absent).

9. Consider Approval of the Filing of a Notice of Completion with the San Bernardino County Recorder for the CDBG
Target Area Alley Improvement Project Constructed By
Gentry Brothers, Inc.

Consider Authorizing the Release of Retention of the
Payment Bond 30 Days After Recordation of the Notice of Completion
ACTION – Consent Calendar – Item B–9
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez absent).

10. Consider Authorizing Replacement of the Evaporative Cooler Section of the Police Department Shooting Range
Ventilation System
ACTION – Consent Calendar – Item B–10
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez absent).

11. Consider Authorizing a $1600 Appropriation from the Federal Asset Forfeiture Fund to Purchase Badges for NonSworn Police Department Personnel ACTION – Consent Calendar – Item B–11
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez absent).

12. Consider Approval of the Purchase of Replacement
Equipment for the Recreation Center Weight Room from
Complete Gym Solutions
ACTION – Consent Calendar – Item B–12
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez absent).

1. Consider Approval of Agreement Nos. 23–06, 23–07, and 23–08 with Montclair Little League and Golden Girls Softball League for Use of Ball Field Facilities, Subject to Any Revisions Deemed Necessary by the City Attorney
ACTION – Consent Calendar – Item C–1
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez absent).

2. Consider Award of Contract to Pub Construction, Inc., in the Amount of $5,461,739.03 for Construction of the Reeder
Ranch Park Project
Consider Approval of Agreement No. 23–11 with PUB
Construction, Inc., for Construction of the Reeder Ranch Park Project, Subject to Any Revisions Deemed Necessary by the City Attorney
Consider Authorizing an Additional $900,000 Appropriation from 2021 Lease Revenue Bond Funds for Construction of
the Reeder Ranch Park
Consider Authorizing of a $575,260.97 Construction
Contingency for Construction of the Reeder Ranch Park
Project
City Manager Starr indicated a revised agenda report was distributed in relation to this item with revisions to the recommendation.

ACTION – Consent Calendar – Item C–2
ACTING: City Council
MOTION: Approve with revisions to recommendation as
follows:

1. Authorize an additional $900,000
$1,417,243 appropriation from 2021
Lease Revenue Bond funds for
construction of the Project; and

2. Authorize a $575,260.97 $546,174
Construction Contingency for construction
of the Reeder Ranch Park Project.

RESULT: Approved on Consent Calendar; motion
carried 4–0–1 (Lopez absent).

3. Consider Approval of Agreement No. 23–12 with Action Target, Inc., for the Purchase of an Upgraded Target System in the Police Department Firearms Shooting Range, Subject to Any Revisions Deemed Necessary by the City Attorney
Consider Authorizing a $90,800 Appropriation from the
Federal Asset Forfeiture Fund to Purchase the Upgraded
Target System from Action Target, Inc.

ACTION – Consent Calendar – Item C–3
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez absent).

4. Consider Approval of Agreement No. 23–13 Amending
Agreement No. 20–41 with San Bernardino County
Transportation Authority for Phase II of the Montclair
Metrolink Transcenter Accessibility Improvement Project, Subject to Any Revisions Deemed Necessary by the City
Attorney
Mayor Pro Tem Johnson received clarification regarding the change to the project involving the removal of restrooms from the Pacific Electric Trail.

ACTION – Consent Calendar – Item C–4
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez absent).

5. Consider Approval of Agreement No. 23–14 with the City of Ontario for the Purchase of Unused Recycled Water Base
Entitlement
Consider Authorizing City Manager Edward C. Starr to Sign Said Agreement
ACTION – Consent Calendar – Item C–5
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez absent).

D. Resolutions — None
IX. PULLED CONSENT CALENDAR ITEMS — None
X. COUNCIL WORKSHOP
A. Fiscal Year 2022–23 Midyear Budget Review
The City Council continued this presentation to an adjourned meeting on Wednesday, February 22, 2023, at 6:00 p.m. in the City Council Chambers.

XI. COMMUNICATIONS
A. Department Reports

1. Human Services Department — Upcoming Events & Programs Director of Human Services Richter provided information on upcoming programs and events including the application period for the Veterans’ Memorial Wall, the Montclair After–School Program’s (MAP) Third Annual Art Show to be held in the Montclair Community Center on Thursday, March 2nd at
6:30 p.m., and a community meeting taking place on March 14th from 6:00 to 7:00 p.m. in the Senior Center for the Montclair Parks & Recreation Master Plan.

B. City Attorney
City Attorney Robbins requested the City Council meet in closed session concerning the following:

1. Closed Session Pursuant to Government Code Section
54956.8 Regarding Real Property Negotiations
Property: APN 1010–281–11–0000
Negotiating Parties: City of Montclair and Tessier D Living Trust Agency Negotiator: Edward C. Starr, City Manager
Under Negotiations: Recommendations Regarding Purchase Price Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – February 21, 2023 Page 7 of 7

2. Closed Session Pursuant to Government Code Section
54956.8 Regarding Real Property Negotiations
Property: APN 1009–273–25–0000
Negotiating Parties: City of Montclair and Andrea Monique Meneses Agency Negotiator: Edward C. Starr, City Manager
Under Negotiations: Recommendations Regarding Purchase Price C. City Manager/Executive Director — No comments
D. Mayor/Chair

1. Mayor Dutrey reported on the Christian Development Center’s First Annual Black History Month Fair held earlier this month, which was also attended by Congresswoman Torres;
commended Police Department personnel for their investigative work on the recent Montclair Place shooting incident; and stated he attended a tour hosted by the Chino Basin Water Conservation District where he learned the difference between the San Antonio creek and man–made channel.

E. Council Members/Directors

1. Council Member/Director Ruh recognized the Black History Month event held at the Christian Development Center where he gave a presentation on the Green Book used by African Americans in the 1950s and 1960s to aid them in finding lodging and restaurants that served African American patrons while traveling; and noted his attendance at the swearing–in ceremony for Senator Susan Rubio.

2. Mayor Pro Tem/Vice Chair Johnson recognized the City’s efforts in making the Black History Month event held at the Christian Development Center a success and thanked Council Member Ruh for his Green Book presentation at the event.

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

1. Personnel Committee – February 6, 2023
XII. CLOSED SESSION
At 7:50 p.m., the City Council went into closed session to discuss real property negotiations.

XIII. CLOSED SESSION ANNOUNCEMENTS
At 8:04 p.m., the City Council returned from closed session. Mayor Dutrey announced that the City Council met in closed session to discuss real property negotiations; information was received on both properties and direction was given to staff in relation to APN 1009–273–25–0000; and no further announcements would be made at this time.

XIV. ADJOURNMENT
At 8:05 p.m., the Successor Agency Board, Montclair Housing Corporation Board, Montclair Housing Authority Commission, and Montclair Community Foundation Board were adjourned, and the City Council was adjourned to Wednesday, February 22, 2023 at 6:00 p.m. in the City Council Chambers for the Midyear Budget Review.

Submitted for City Council/Successor Agency Board/Montclair Housing Corporation Board/ Montclair Housing Authority
Commission/Montclair Community Foundation Board approval, Andrea Myrick,
City Clerk

Montclair City CouncilFebruary 21, 2023

Montclair City Council
February 21, 2023