CITY OF MONTCLAIR
CITY COUNCIL
SUCCESSOR REDEVELOPMENT AGENCY,
MONTCLAIR HOUSING CORPORATION, MONTCLAIR
HOUSING AUTHORITY, AND MONTCLAIR COMMUNITY
FOUNDATION MEETINGS
AGENDA
Monday, March 20, 2023
7:00 p.m.
Location
Council Chamber
5111 Benito Street
Montclair, CA 91763
Webinar Link
https://zoom.us/j/93717150550
Dial #
1–669–900–6833
Meeting ID
937–1715–0550
Mayor
Javier “John” Dutrey
Mayor Pro Tem
Tenice Johnson
Council Members
Bill Ruh
Corysa Martinez
Benjamin “Ben” Lopez
City Manager
Edward C. Starr
City Attorney
Diane E. Robbins
City Clerk
Andrea M. Myrick
REGULAR JOINT MEETING OF THE
CITY COUNCIL, SUCCESSOR AGENCY, MONTCLAIR HOUSING CORPORATION,
MONTCLAIR HOUSING AUTHORITY, AND MONTCLAIR COMMUNITY FOUNDATION to be held in the Council Chambers
5111 Benito Street, Montclair, California
Monday, March 20, 2023
7:00 p.m.
Remote Participation Information:
Zoom Link: https://zoom.us/j/93717150550
Dial Number: 1 (669) 900–6833
Meeting ID: 937–1715–0550
If you want to provide comments on an agenda item, including public hearing and closed session items, please complete a Speaker Card located in the Council Chambers or online at https://www.cityofmontclair.org/public–comment/. The Mayor/Chair (or the meeting’s Presiding Officer) will call on those who submitted requests to speak at the appropriate times during the meeting. Those who did not submit a request to speak who are present at the meeting location may raise their hand during Public Comment to request to speak. Those participating remotely may request speak using the “raise hand” function in Zoom or may dial *9 if on the phone, and then *6 to un–mute when called on to speak. Written comments (200–word limit per agenda item, and 200–word limit for all non–agenda items combined) and requests to speak can also be emailed to [email protected] at least one hour before the meeting begins.
Video recordings of Council meetings are available on the City's website at https://www.cityofmontclair.org/council–meetings/ and can be accessed by the end of the business day following the meeting.
AGENDA
I. CALL TO ORDER City Council [CC], Successor Agency Board [SA], Montclair Housing Corporation Board [MHC],
Montclair Housing Authority Commission [MHA],
Montclair Community Foundation Board [MCF]
II. INVOCATION
In keeping with our long–standing tradition of opening our Council meetings with an invocation, this meeting may include a nonsectarian invocation. Such invocations are not intended to proselytize or advance any faith or belief or to disparage any faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation.
III. PLEDGE OF ALLEGIANCE
IV. ROLL CALL
V. PRESENTATIONS — 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 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
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MONTCLAIR CITY COUNCIL MEETING – 03/20/2023 Page 1 of 38 Page No.
VIII. CONSENT CALENDAR
A. Approval of Minutes
1. Regular Joint Meeting — March 6, 2023 [CC/SA/MHC/MHA/MCF] 35 B. Administrative Reports
1. Consider Receiving and Filing of Treasurer’s Report [CC] 4
2. Consider Approval of Warrant Register & Payroll Documentation [CC] 5
3. Consider Receiving and Filing of Treasurer’s Report [SA] 6
4. Consider Approval of Warrant Register [SA] 7
5. Consider Receiving and Filing of Treasurer’s Report [MHC] 8
6. Consider Approval of Warrant Register [MHC] 9
7. Consider Receiving and Filing of Treasurer’s Report [MHA] 10
8. Consider Approval of Warrant Register [MHA] 11
9. Consider Approval of Fiscal Year 2022–23 Schedule of Recommendations from the Community Activities Commission for Community Benefits Funding [CC] 12
10. Consider Authorizing Staff to Advertise for Bid Proposals for Construction of the Ramona Avenue and Howard Street Roundabout Project [CC] 16
11. Consider Authorizing a $39,659.51 Appropriation from the General Fund for Repairs to Medic Truck 151, Unit 83–04 [CC] 18
C. Agreements
1. Consider Approval of Amendment No. 2 to Agreement No. 22–59 with the Ontario–Montclair School District to Accept Additional Funding to Support More Students at the Montclair After–School Summer Program [CC] 23
2. Consider Ratifying Agreement No. 23–19, a Tolling Agreement Between the Regional Contracting Agencies and the Inland Empire Utilities Agency Regarding the Chino Basin Regional Sewage Service Contract [CC] 25 D. Resolutions — None
IX. PULLED CONSENT CALENDAR ITEMS
X. COUNCIL WORKSHOP
A. Parks and Recreation Master Plan Update by KTUA
(The City Council may consider continuing this item to an adjourned meeting on Monday, April 3, 2023, at 5:45 p.m. in the City Council Chambers) MONTCLAIR CITY COUNCIL MEETING – 03/20/2023 Page 2 of 38 Page No.
XI. COMMUNICATIONS
A. Department Reports
1. Human Services — Upcoming Events and Programs
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]
Gavilanes v. City of Montclair
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 6, 2023 [CC] 34
XI. CLOSED SESSION
XII. CLOSED SESSION ANNOUNCEMENTS
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 3, 2023, at 7:00 p.m.
Reports, backup materials, and additional materials related to any item on this Agenda distributed to the meeting bodies after publication of the Agenda packet are available for public inspection in in the Office of the City Clerk between 7:00 a.m. and 6:00 p.m., Monday through Thursday. Please call the City Clerk’s Office at (909) 625–9416 or send an e–mail to [email protected] to request documents via e–mail.
If you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (909) 625–9416 or e–mail [email protected]. Notification prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35.102–35.104 ADA Title II)
I, Andrea M. Myrick, City Clerk, hereby certify that I posted, or caused to be posted, a copy of this Agenda not less than 72 hours prior to this meeting on the City’s website at https://www.cityofmontclair.org/agendas/ and on the bulletin board adjacent to the north door of Montclair City Hall at 5111 Benito Street, Montclair, CA 91763 on Thursday, March 16, 2023.
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CITY COUNCIL
AGENDA REPORT
DATE: MARCH 20, 2023
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 1
FILE I.D.: FIN520
DEPT.: FINANCE
PREPARER: J. KULBECK
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The City Council is requested to consider receiving and filing the City of Montclair Treasurer's Report for the month ending February 28, 2023.
BACKGROUND: Included in the City Council’s agenda packet is a copy of the Treasurer's Report for the period ending February 28, 2023.
FISCAL IMPACT: Routine—report of City's cash and investments.
RECOMMENDATION: Staff recommends the City Council receive and file the Treasurer's Report for the month ending February 28, 2023.
MONTCLAIR CITY COUNCIL MEETING – 03/20/2023 Page 4 of 38
CITY COUNCIL
AGENDA REPORT
DATE: MARCH 20, 2023
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 2
FILE I.D.: FIN540
DEPT.: FINANCE
PREPARER: A. VONG/V. FLORES
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTER AND PAYROLL DOCUMENTATION REASON FOR CONSIDERATION: The City Council is requested to consider approval of the Warrant Register and Payroll Documentation.
BACKGROUND: Mayor Pro Tem Johnson has examined the Warrant Register dated March 20, 2023, and the Payroll Documentation dated February 12, 2023, and recommends their approval.
FISCAL IMPACT: The Warrant Register dated March 20, 2023, totals $943,102.89.
The Payroll Documentation dated February 12, 2023 totals $768,451.77 gross, with $545,940.52 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 – 03/20/2023 Page 5 of 38
CITY COUNCIL
AGENDA REPORT
DATE: MARCH 20, 2023
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 3
FILE I.D.: FIN510
DEPT.: SA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The City Council acting as Successor to the Redevelopment Agency Board of Directors (Successor Agency Board) is requested to consider receiving and filing the Successor to the Redevelopment Agency Treasurer's Report for the month ending February 28, 2023, pursuant to state law.
BACKGROUND: Included in the Successor Agency Board’s agenda packet is a copy of the Successor to the Redevelopment Agency Treasurer's Report for the period ending February 28, 2023.
FISCAL IMPACT: Routine—report of the Successor Agency's cash.
RECOMMENDATION: Staff recommends the Successor Agency Board receive and file the Successor to the Redevelopment Agency Treasurer's Report for the month ending February 28, 2023.
MONTCLAIR CITY COUNCIL MEETING – 03/20/2023 Page 6 of 38
CITY COUNCIL
AGENDA REPORT
DATE: MARCH 20, 2023
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 4
FILE I.D.: FIN530
DEPT.: SA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTER
REASON FOR CONSIDERATION: The City Council acting as Successor to the Redevelopment Agency Board of Directors is requested to consider receiving and filing the Successor to the Redevelopment Agency Warrant Register for the month ending February 28, 2023, pursuant to state law.
BACKGROUND: Vice Chair Johnson has examined the Successor to the Redevelopment Agency Warrant Register dated 02.01.23-02.28.23 in the amounts of $6,400.92 for the Combined Operating Fund and $0.00 for the Redevelopment Obligation Retirement Funds, and finds it to be in order.
FISCAL IMPACT: Routine—report of Agency's obligations.
RECOMMENDATION: Vice Chair Johnson recommends the City Council as Successor to the Redevelopment Agency Board of Directors approve the Successor to the Redevelopment Agency Warrant Register for the period ending February 28, 2023.
MONTCLAIR CITY COUNCIL MEETING – 03/20/2023 Page 7 of 38
CITY COUNCIL
AGENDA REPORT
DATE: MARCH 20, 2023
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 5
FILE I.D.: FIN525
DEPT.: MHC
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The Montclair Housing Corporation Board of Directors is requested to receive and file the Montclair Housing Corporation Treasurer's Report for the month ending February 28, 2023, pursuant to state law.
BACKGROUND: Included in the Montclair Housing Corporation Board agenda packet is a copy of the Treasurer's Report for the period ending February 28, 2023.
FISCAL IMPACT: Routine—report of the Montclair Housing Corporation's cash and investments.
RECOMMENDATION: Staff recommends the Montclair Housing Corporation Board of Directors receive and file the Treasurer's Report for the month ending February 28, 2023.
MONTCLAIR CITY COUNCIL MEETING – 03/20/2023 Page 8 of 38
CITY COUNCIL
AGENDA REPORT
DATE: MARCH 20, 2023
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 6
FILE I.D.: FIN545
DEPT.: MHC
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTER
REASON FOR CONSIDERATION: The Montclair Housing Corporation Board of Directors is requested to consider receiving and filing the Warrant Register for the month ending February 28, 2023, pursuant to state law.
BACKGROUND: Vice Chair Johnson has examined the Warrant Register dated 02.01.23–
02.28.23 in the amount of $54,066.60 for the Montclair Housing Corporation and finds it to be in order.
FISCAL IMPACT: Routine—report of Montclair Housing Corporation's obligations.
RECOMMENDATION: Vice Chair Johnson recommends the Montclair Housing Corporation Board of Directors approve the Warrant Register for the period ending February 28, 2023.
MONTCLAIR CITY COUNCIL MEETING – 03/20/2023 Page 9 of 38
CITY COUNCIL
AGENDA REPORT
DATE: MARCH 20, 2023
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 7
FILE I.D.: FIN525
DEPT.: MHA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The Montclair Housing Authority Commission is requested to receive and file the Montclair Housing Authority Treasurer's Report for the month ending February 28, 2023, pursuant to state law.
BACKGROUND: Included in the Montclair Housing Authority Commission’s agenda packet is a copy of the Treasurer's Report for the period ending February 28, 2023.
FISCAL IMPACT: Routine—report of Montclair Housing Authority's obligations.
RECOMMENDATION: Staff recommends the Montclair Housing Authority Commission receive and file the Treasurer's Report for the month ending February 28, 2023.
MONTCLAIR CITY COUNCIL MEETING – 03/20/2023 Page 10 of 38
CITY COUNCIL
AGENDA REPORT
DATE: MARCH 20, 2023
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 8
FILE I.D.: FIN545
DEPT.: MHA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTER
REASON FOR CONSIDERATION: The Montclair Housing Authority Commission is requested to consider receiving and filing the Warrant Register for the month ending February 28, 2023, pursuant to state law.
BACKGROUND: Vice Chair Johnson has examined the Warrant Register dated 02.01.23–
02.28.23 in the amount of $0.00 for the Montclair Housing Authority and finds it to be in order.
FISCAL IMPACT: Routine—report of Montclair Housing Authority's obligations.
RECOMMENDATION: Vice Chair Johnson recommends the Montclair Housing Authority Commission approve the Warrant Register for the period ending February 28, 2023.
MONTCLAIR CITY COUNCIL MEETING – 03/20/2023 Page 11 of 38
CITY COUNCIL
AGENDA REPORT
DATE: MARCH 20, 2023
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 9
FILE I.D.: CAC080
DEPT.: HUMAN SVCS.
PREPARER: K. RABINO
SUBJECT: CONSIDER APPROVAL OF FISCAL YEAR 2022–23 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 2022–23 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 1, 2023, from thirteen organizations related to their requests for community benefits assistance, which are summarized below:
1. AgingNext. 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 2022, Aging Next supported 197 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 buy a Smart Television, along with a Disney+ subscription, an Amazon Firestick, 10 Knitting Machines, 3 DCLR cameras, and 1 security cage. The purpose is to use these purchases for educational and fitness opportunities for their participants.
MONTCLAIR CITY COUNCIL MEETING – 03/20/2023 Page 12 of 38
3. Assistance League of the Foothill Communities. The Assistance League of the Foothill Communities is a chapter of the National Assistance League® and an all–member volunteer philanthropic organization with a history of service in this area since 1953. Their mission is to transform the lives of children and adults through community programs. During the 22/23 school year, over 200 elementary and middle school students within the City of Montclair were serviced through their Operation School Bell® program. Funding would assist towards their Operation School Bell® program which provides services such as new school clothing and shoes to under–served children.
4. 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 approxiamtely $300 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 two thirds of the cost of hygiene items for 2023.
5. 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 450 families every month and the Live Generously Program, which provides toiletries and basic hygiene products to residents in need. Sixty–five percent of the participants are Montclair residents.
6. Foothill Family Shelter. The Foothill Family Shelter provides services for at–risk, homeless individuals and families. In 2022, Foothill Family Shelter provided 120–day transitional housing for 20 homeless and low–income families; 2 of those families being from Montclair, aided 103 Montclair residents with food, clothing, diapers, wipes and hygiene products, and provided 69 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.
7. Health and Wellness Services Montclair. Health & Wellness Services coordinates services for struggling children and families in crisis. The goal of Health & Wellness Services is to help families access food, shelter, education, health–care, and transportation. In 2022, the Health & Wellness Montclair Case Management Program provided intensive Case Management 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.
8. 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 MONTCLAIR CITY COUNCIL MEETING – 03/20/2023 Page 13 of 38 Club. Their goal is to help young people do well in school, assist families in improving their financial stituations and allowing senior citizens to age with dignity in their own homes.
9. 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 schools in Montclair for children in need.
10. Montclair Meals on Wheels. Montclair Meals on Wheels is an all–volunteer organization. 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.
11. OPARC. OPARC has served Montclair since 1950 with employment, training, day programs, and community integration services for people with developmental and intellectual disabilities. The funding received last year was used to purchase a Hoyer lift. This year, the funds would be used to add a Griffin Metallophone to their outdoor sensory garden. The musical instrument will allow participants to use “hands–on”, stimulating their sense of feeling and encouraging them to move their bodies.
12. Project Sister Family Services. 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 150 hours of sexual assault crisis and prevention services for Montclair residents.
13. Visiting Nurses Association Care (VNA). The VNA provides home health–care and hospice services in our community. Funding will benefit the “Charitable Care” program, which provides assistance to underserved patient/families living below the Federal Poverty level. 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.
MONTCLAIR CITY COUNCIL MEETING – 03/20/2023 Page 14 of 38 FISCAL IMPACT: The recommended funding amounts have been limited to the approved Fiscal Year 2022–23 Budget amount of $45,000 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)
Available funds
RECOMMENDATION: Staff recommends the City Council approve the Fiscal Year 2022–23 schedule of recommendations from the Community Activities Commission for the Community Benefits Funding Program:
FISCAL YEAR 2022–23
COMMUNITY BENEFITS ASSISTANCE PROGRAM
AGENCY REQUESTS AND RECOMMENDED FUNDING
Requesting Agencies FY 2022–23
Funding Requests
FY 2022–23
Recommendations
(1) Aging Next $5,000.00 $5,000
(2) Anthesis $2,519.85 $3,000
(3) Assistance League of the Foothill
Communities $2,000.00 $3,000
(4) Care & Company $2,000.00 $4,000
(5) Christian Development Center $3,000.00 $5,000
(6) Foothill Family Shelter $2,000.00 $2,500
(7) Health and Wellness Services Montclair $1,500.00 $2,000 (8) Hope Through Housing Foundation $1,500.00 $2,500
(9) Love for Humanity $2,500.00 $4,500
(10) Montclair Meals on Wheels $1,000.00 $1,500
(11) OPARC $4,885.17 $5,000
(12) Project Sister Family Services $1,500.00 $2,000
(13) Visiting Nurses Association Care $5,000.00 $5,000
TOTALS $34,405.02 $45,000.00
MONTCLAIR CITY COUNCIL MEETING – 03/20/2023 Page 15 of 38
CITY COUNCIL
AGENDA REPORT
DATE: MARCH 20, 2023
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 10
FILE I.D.: STA850
DEPT.: PUBLIC WORKS
PREPARER: R. ORTEGA
SUBJECT: CONSIDER AUTHORIZING STAFF TO ADVERTISE FOR BID PROPOSALS FOR
CONSTRUCTION OF THE RAMONA AVENUE AND HOWARD STREET ROUNDABOUT
PROJECT
REASON FOR CONSIDERATION: The City Council is requested to consider authorization to advertise for construction bid proposals for the Ramona Avenue and Howard Street Roundabout Project. Amendments to the CIP, non–budgeted appropriations, authorization to advertise for bid proposals, are subject to City Council approval.
BACKGROUND: On March 26, 2021, the City was notified by the California Department of Transportation that the Highway Safety Improvement Program (HSIP) for Cycle 10 was successful. The City was awarded $771,100 for the Ramona Avenue and Howard Street Roundabout Project. The HSIP funding includes $115,500 for design services and $655,500 for construction. The estimated construction cost including a 10% contingency is $ 1,720,000. The 2021 Lease Revenue Bond proceeds will cover the remainder of the design and construction costs.
On June 20, 2022, the City Council approved Contract No. 22–67 with TKE Engineering, Inc. for Engineering Design Services for $139,411. This new roundabout will include an island passageway with brick pavers, monument sign, wrought iron fencing, grouted rock treatment to medians, drought–tolerant landscaping, efficient irrigation system, LED street lighting, bi–directional rectangular rapid flashing beacons, new sidewalks, curb and gutter, signing and striping, and a storm drain system. The scope of work also includes installation of a new sewer manhole, as well as, adjusting utility manholes including sewer, gas, water and communication systems. The roundabout will be approximately 80 feet in diameter and does not require the acquisition of any right–of– way. However, there will be minor tie in improvements at the southwest corner which will require a right of entry. The plans and specifications are complete, and the anticipated start of construction is in the summer of 2023.
The new roundabout will contribute to Montclair’s continuing emphasis on public safety.
Roundabouts are a safer alternative to traffic signals and stop signs, promoting lower speeds and calming traffic. The tight circle of a roundabout forces drivers to slow down and reduces the most severe types of intersection crashes. Additionally, roundabouts improve traffic flow and are better for the environment.
FISCAL IMPACT: The Ramona Avenue and Howard Street Roundabout Project will be completed using the Highway Safety Improvement Program Grant and the 2021 Lease Revenue Bond funds. The cost to advertise this project for bid proposals should not exceed $5,000.
RECOMMENDATION: Staff recommends that the City Council authorize staff to advertise for bid proposals for construction of the Ramona Avenue and Howard Street Roundabout Project.
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CITY COUNCIL
AGENDA REPORT
DATE: MARCH 20, 2023
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 11
FILE I.D.: EQS215
DEPT.: PUBLIC WORKS
PREPARER: M. PARADIS
SUBJECT: CONSIDER AUTHORIZING A $39,659.51 APPROPRIATION FROM THE GENERAL FUND FOR REPAIRS TO MEDIC TRUCK 151, UNIT 83–04
REASON FOR CONSIDERATION: The City Council is requested to consider authorizing the repairs of Medic Truck 151 (MT 151), ladder truck with the Fire Department, Unit 83–04. Any purchase or service over $15,000 requires Council approval.
BACKGROUND: MT 151, Unit 83–04 was purchased in 2018 and refurbished in 2019.
The vehicle sustained body damage to the left rear corner leaving an incident.
Additionally, during an annual inspection for MT 151, a hydraulic fluid leak was found preventing the unit from safe operation.
Staff obtained quotes from Fire Apparatus Solutions. Fire Apparatus Solutions is considered the vendor of choice for all fire truck repairs. The quote to repair the hydraulic leak is $29,220.52 and the quote to repair the body damage is $10,438.99.
FISCAL IMPACT: Funding in the amount of $39,659.51 for repairs to MT 151, Unit 83– 04 is requested from the General Fund balance.
RECOMMENDATION: Staff recommends that the City Council authorize a $39,659.51 appropriation from the General Fund for repairs to Medic Truck 151, Unit 83–04.
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CITY COUNCIL
AGENDA REPORT
DATE: MARCH 20, 2023
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 1
FILE I.D.: HSV030
DEPT.: HUMAN SVCS.
PREPARER: A. COLUNGA
SUBJECT: CONSIDER APPROVAL OF AMENDMENT NO. 2 TO AGREEMENT NO. 22–59 WITH THE ONTARIO–MONTCLAIR SCHOOL DISTRICT TO ACCEPT ADDITIONAL FUNDING TO SUPPORT MORE STUDENTS AT THE MONTCLAIR AFTER–SCHOOL SUMMER PROGRAM REASON FOR CONSIDERATION: The City Council is requested to consider approval of Amendment No. 2 to Agreement No. 22–59 with the Ontario–Montclair School District (OMSD) to accept additional funding to support more students in the Montclair After– school Summer Program.
BACKGROUND: The Human Services Department has delivered after–school programs within OMSD schools since 1999. Funding for this program originates from the California Department of Education, After–School Education and Safety (ASES) program and the Expanded Learning Opportunity program through grants made available to local education authorities, such as OMSD. The goal of the Montclair After–School Program (MAP) is to improve the academic performance and success of students in the program by providing high–quality academic programming after school while ensuring a safe physical and emotional environment for all.
Agreement No. 22–59 provided funding for summer expanded learning from May to June 2023 at the following five school sites: Kingsley, Lehigh, Mission, Monte Vista, and Serrano. Amendment No. 2 will increase the funding amount to allow for up to 200 students at Kingsley Elementary and Serrano Middle School.
FISCAL IMPACT: There will be no impact to the City’s General Fund should the City Council approve proposed Amendment No. 2 to Agreement No. 22–59. The City will receive an additional $43,000 from OMSD to support the expanded summer program at Kingsley Elementary and Serrano Middle School.
RECOMMENDATION: Staff recommends the City Council approve Amendment No. 2 to Agreement No. 22–59 with the Ontario–Montclair School District (OMSD) to accept additional funding to support more students at the Montclair After–school Program.
MONTCLAIR CITY COUNCIL MEETING – 03/20/2023 Page 23 of 38
ONTARIO-MONTCLAIR SCHOOL DISTRICT
Ontario, California
AMENDMENT TO CONSULTANT SERVICES
Contract #: ____________ Amendment: ___ Original Start Date _______________ Original End Date _________________ Contract __________________ is herewith amended between the Ontario-Montclair School District and _______________________________________as authorized by the Terms and Conditions of the original Agreement except for:
AMENDMENT TO TERM :
Start Date: __________________________ End Date: ___________________ AMENDMENT TO SERVICES: _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ ____________________________________________________________________________ AMENDMENT TO COMPENSATION:
DISTRICT agrees to compensate CONSULTANT in the following manner: _____________________________________________________________________________ _____________________________________________________________________________ ____________________________________________________________________________ In witness whereof, the parties hereto have caused this Agreement to be executed on Date of Board Meeting:
DISTRICT CONSULTANT
Signature Signature
Phil Hillman
Printed Name Printed Name
Chief Business Official
Title Title
Ontario-Montclair School District
950 West D Street Ontario, CA 91762 Address
(909) 459-2500
Telephone Number
Approved by Board of Trustees:
Contract Number
Consultant Name
C M
REQUIRED IF EXTENDING TERM
O M S D A m e n d m e n t t o C o n s u l t a n t S e r v i c e s -223-048 2
C-223-048
City of Montclair
Javier John Dutrey
Mayor
5111 Benito Street Montclair CA 91763
909-626-8571
The consultant will service additional students. Montclair will serve up to 200 students per site, for 6 hours/day for 15 days (June 2-June 23) at Kingsley Elementary and Serrano Middle School.
Total additional compensation not to exceed $43,000.00.
MONTCLAIR CITY COUNCIL MEETING – 03/20/2023 Page 24 of 38
CITY COUNCIL
AGENDA REPORT
DATE: MARCH 20, 2023
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 2
FILE I.D.: SEW100–A1
DEPT.: PUBLIC WORKS
PREPARER: M. HEREDIA
SUBJECT: CONSIDER RATIFYING AGREEMENT NO. 23–19, A TOLLING AGREEMENT BETWEEN
THE REGIONAL CONTRACTING AGENCIES AND THE INLAND EMPIRE UTILITIES
AGENCY REGARDING THE CHINO BASIN REGIONAL SEWAGE SERVICE CONTRACT REASON FOR CONSIDERATION: The City Council is requested to consider ratifying Agreement No. 23–19 (Agreement), a Tolling Agreement between the regional contracting agencies and Inland Empire Utilities Agency (IEUA) regarding the Chino Basin Regional Sewage Service Contract. Agreements with the City require Council approval.
BACKGROUND: The Inland Empire Utilities Agency (IEUA), formerly referred to as Chino Basin Municipal Water District (CBMWD) in the original regional sewage service contract (regional contract), provides wastewater treatment and disposal services for all retail agencies within its boundary. These services are administered according to a 50-year regional contract initiated in the late 1970s, which was amended in 1984 and 1994. The Regional Contract Agencies (RCAs) include the cities of Chino Hills, Chino, Fontana, Montclair, Ontario, Upland, and the Cucamonga Valley Water District.
On December 20, 2021, the City and the RCAs sent a joint letter to IEUA to extend the regional contract that expired on January 2, 2023. The original regional contract has a renewal provision, subject to a 12–month notification. This joint letter from the retail agencies was to fulfill the notification requirement to IEUA to extend the regional contract. Although the contract negotiations may ultimately yield subsequent modifications to specific terms, this extension will carry forward all the existing terms until all parties agree to such changes.
Over the 18 months, the RCAs have actively negotiated with IEUA to update the regional contract. A fundamental change of condition from 1994 has been the expansive progression of recycled water direct use and most recently, groundwater recharge. There has been progress in making changes to the existing regional contract. However, IEUA gave the RCAs a contract extension until April 30, 2023. These negotiations are complex and ongoing, and an agreement will most likely not be reached by this deadline.
Additionally, on December 21, 2022, IEUA’s Board of Directors adopted Ordinances 111 and 112, establishing regulations regarding the regional sewage system and recycled water, respectively. Furthermore, IEUA proposed a Tolling Agreement as a means by which IEUA and the RCAs can continue to negotiate in good faith and resolve issues regarding the regional contract.
The Agreement allows the RCAs to preserve any potential causes of action, claims, and remedies that they could assert in connection with the regional contract and IEUA’s adoption of Ordinance No. 111 and Ordinance No. 112, including seeking injunctive relief or tolled claims. Last month, the City Manager signed the Agreement under advisement by the City Attorney. Therefore, this agenda report is to inform the Council MONTCLAIR CITY COUNCIL MEETING – 03/20/2023 Page 25 of 38 of the Tolling Agreement that all RCAs and IEUA have signed and ratify the Agreement that was signed by the City Manager.
The City intends to continue negotiations by actively participating with, collaborating with, and encouraging fellow RCAs and IEUA to work toward completing the successor agreement. It is the City’s interpretation that there is no time limit to extensions in the regional contract, and all terms of the original contract will continue until an updated and amended contract is in place.
The Chino Basin Regional Sewage Service Contract (a 97–page document) can be downloaded or viewed online at the following URL:
https://www.cityofmontclair.org/documents/chino–basin–regional–sewage–service– contract/
FISCAL IMPACT: The Tolling Agreement serves as a procedural requirement for continued negotiations to update and amend the current contract. There is no fiscal impact as a result of this action.
RECOMMENDATION: Staff recommends the City Council ratify a Tolling Agreement between the regional contracting agencies and the Inland Empire Utilities Agency regarding the Chino Basin Regional Sewage Service Contract.
MONTCLAIR CITY COUNCIL MEETING – 03/20/2023 Page 26 of 38 Tolling Agreement
TOLLING AGREEMENT
This Tolling Agreement ("Agreement") is made by and between the CITY OF
FONTANA, CITY OF CHINO HILLS, CUCAMONGA VALLEY WATER DISTRICT, CITY
OF ONTARIO, CITY OF UPLAND, CITY OF CHINO, CITY OF MONTCLAIR (“Contracting Agencies”), AND INLAND EMPIRE UTILITIES AGENCY (IEUA). Each of the signatories hereto is sometimes referred to herein individually as a "Party" and collectively as the "Parties."
WHEREAS, the Parties are signatories to the Regional Sewer Service Contract, as amended October 19, 1994 (“Regional Contract”); and
WHEREAS, the Contracting Agencies have timely submitted written notice to IEUA for continued service as provided under Section 29 of the Regional Contract and IEUA has acknowledged the written notice; and
WHEREAS, on December 21, 2022, IEUA’s Board of Directors adopted Ordinance No. 111 and Ordinance No. 112 establishing regulations regarding the regional sewerage system and recycled water; and
WHEREAS, the Contracting Agencies wish to preserve any and all potential causes of action, claims, and remedies that they could assert in connection with the Regional Contract, including but not limited to their submission of written notice to IEUA for continued service under Section 29 of the Regional Contract and IEUA’s adoption of Ordinance No. 111 and/or Ordinance No. 112, including seeking injunctive relief (collectively, “Tolled Claims”); and WHEREAS, negotiations among IEUA and the Contracting Agencies regarding the Regional Contract are ongoing; and
WHEREAS, the Parties would like to resolve their differences and amicably agree on an extension or renewal of the Regional Contract and/or to engage in discussions to resolve the Tolled Claims; and
WHEREAS, statues of limitations or claims filing statutes, including but not limited to the claim filing requirements provided in California Government Code section 911.2, may have already started to run as to one or more claims of the Parties in connection with IEUA’s adoption MONTCLAIR CITY COUNCIL MEETING – 03/20/2023 Page 27 of 38 Tolling Agreement
of Ordinance No. 111 and/or Ordinance No. 112, which inhibits the Parties from engaging in meaningful discussions to resolve the issues described herein without resorting to litigation.
AGREEMENT
NOW THEREFORE, the Parties, in consideration of the mutual agreements set forth below, hereby agree and stipulate as follows:
1. This Agreement shall take effect as of the Effective Date and shall continue in effect indefinitely until and unless it is terminated by the receipt of ten (10) days written notice given by any Party to the other Parties (the “Tolling Period”).
2. Any defense based on a statute of limitations or other similar limitations period, laches, estoppel, waiver, or other similar equitable defenses, based upon the running or expiration of any time period shall not include the Tolling Period for the Tolled Claims.
3. IEUA shall not assert, plead, or raise, in any fashion, whether by answer, motion or otherwise, that any claims or causes of action are barred by the statute of limitations or other similar limitations period, or equitable defense based on the passage of time during the Tolling Period in any action brought on the Tolled Claims. Any such defenses which may have existed prior to the commencement of the Tolling Period, or which may arise thereafter without inclusion of the Tolling Period in the computation of elapsed time, are not intended to be affected by this Agreement.
4. The Parties agree to negotiate in good faith during the Tolling Period to extend or renew the Regional Contract or to enter into a new agreement on comparable terms and conditions pursuant to Section 29 of the Regional Contract.
5. This Agreement does not constitute an admission or acknowledgement of any fact, conclusion of law, or liability by any Party to this Agreement. Nor does this Agreement constitute any admission or acknowledgement on the part of the Parties that any statute of limitations, or similar defense concerning the timeliness of commencing a civil action, is applicable to the Tolled Claims. The Parties reserve the right to assert the inapplicability of any defense based upon the timeliness of commencing a civil action to the Tolled Claims and the right to contest any such assertion.
MONTCLAIR CITY COUNCIL MEETING – 03/20/2023 Page 28 of 38 Tolling Agreement
6. This Agreement may not be modified except in writing signed by all of the Parties. No provision of this Agreement may be waived unless the waiver is made in writing signed by the Party making the waiver. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein.
7. This Agreement shall not limit in any way the nature or scope of any claims that could be brought by any Party in a complaint against IEUA, or the date on which the Parties may file such a complaint, except as expressly stated herein.
8. This Agreement is not intended to affect any claims by or against third parties.
9. This Tolling Agreement contains the entire agreement between the Parties relating to tolling of claims, and no prior statement, promise, or inducement made by any Party to this Agreement that is not set forth in this Agreement shall be valid or binding, nor shall it be used in construing the terms of this Agreement as set forth herein.
10. This Agreement is effective upon the latest date of execution by all Parties to be charged with performance, and may be signed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. Each Party shall transmit to the other Parties, by e-mail, a copy of the executed signature page. This Agreement may be entered into evidence in any action by a Party relating to the Tolled Claims.
11. This Agreement is deemed to have been drafted jointly by the Parties. Any uncertainty or ambiguity shall not be construed for or against any other Party based on attribution of drafting to any Party. The Parties further agree that, should any provision of this Agreement be declared or be determined by any Court to be illegal or invalid, the validity of the remaining parts, terms, or provisions shall not be affected thereby, and said illegal or invalid part, term or provision, shall be deemed not to be a part of this Agreement.
12. This Agreement shall be governed by and construed in conformance with the laws of the State of California. Subject to the limitations set forth above, this Agreement shall be deemed to constitute a “waiver” within the meaning of California Code of Civil Procedure Section 360.5.
13. The undersigned representative of each Party certifies that he or she is fully authorized to enter into the terms and conditions of this Agreement and to legally bind such Party MONTCLAIR CITY COUNCIL MEETING – 03/20/2023 Page 29 of 38 Tolling Agreement
to all terms and conditions of this document. This Agreement shall be binding upon the Parties, and their respective successors and assigns.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of its Effective Date, as evidenced by the signatures of their duly authorized representatives set forth below.
SIGNATURES
Cucamonga Valley Water District consents to the terms and conditions of this Tolling Agreement by its duly authorized representative on this ____ day of _________________, 2023.
BEST, BEST & KRIEGER, LLP
___________________________________
JEFF FERRE, ESQ.
Best, Best & Krieger, LLP
3390 University Ave., 5th Floor
Riverside, CA 92501
[email protected]
Attorneys for the
Cucamonga Valley Water District
The City of Chino Hills consents to the terms and conditions of this Tolling Agreement by its duly authorized representative on this ____ day of _________________, 2023.
HENSLEY LAW GROUP
___________________________________
ELIZABETH M. CALCIANO, ESQ.
2600 W. Olive Avenue, Suite 500
Burbank, CA 91505
(818) 333-5120
[email protected]
Attorneys for the City of Chino Hills
MONTCLAIR CITY COUNCIL MEETING – 03/20/2023 Page 30 of 38 Tolling Agreement
The City of Ontario consents to the terms and conditions of this Tolling Agreement by its duly authorized representative on this ____ day of _________________, 2023.
NOSSAMAN LLP
___________________________________
FRED A. FUDACZ, ESQ.
777 South Figueroa Street, 34th Floor
Los Angeles, CA 90017
(213) 612-7800
[email protected]
Attorneys for City of Ontario
The City of Upland consents to the terms and conditions of this Tolling Agreement by its duly authorized representative on this ____ day of _________________, 2023.
KRONICK MOSKOVITZ TIEDEMANN &
GIRARD
___________________________________
ERIC ROBINSON, ESQ.
1331 Garden Hwy, 2nd Floor
Sacramento, CA
916.321.4500
[email protected]
Attorneys for City of Upland
MONTCLAIR CITY COUNCIL MEETING – 03/20/2023 Page 31 of 38 Tolling Agreement
The City of Chino consents to the terms and conditions of this Tolling Agreement by its duly authorized representative on this ____ day of _________________, 2023.
ALESHIRE & WYNDER, LLP
___________________________________
FRED GALANTE, ESQ.
18881 Von Karman Avenue. Suite 1700
Irvine, CA 92612
(949) 250-5410
[email protected]
Attorneys for City of Chino
The City of Montclair consents to the terms and conditions of this Tolling Agreement by its duly authorized representative on this ____ day of _________________, 2023.
ROBBINS & HOLDAWAY
___________________________________
DIANE E. ROBBINS, ESQ.
201 W. F Street
Ontario, CA 91762
(909) 391-9000
[email protected]
Attorneys for City of Montclair
MONTCLAIR CITY COUNCIL MEETING – 03/20/2023 Page 32 of 38 Tolling Agreement
The Inland Empire Utilities Agency consents to the terms and conditions of this Tolling Agreement by its duly authorized representative on this ____ day of _________________, 2023.
JC LAW FIRM
___________________________________
JEAN CIHIGOYENETCHE, ESQ.
13925 City Center Dr., Suite 200
P.O. Box 2259
Chino Hills, CA 91709
(909) 941-3382
[email protected]
Attorneys for Inland Empire Utilities Agency
The City of Fontana consents to the terms and conditions of this Tolling Agreement by its duly authorized representative on this ____ day of _________________, 2023.
BEST, BEST & KRIEGER
______________________
RUBEN DURAN, ESQ.
2855 E. Guasti Rd., Suite 400
Ontario, CA 91761
(909) 989-8584
[email protected]
Attorney for City of Fontana
MONTCLAIR CITY COUNCIL MEETING – 03/20/2023 Page 33 of 38 Personnel Committee Minutes – March 6, 2023 Page 1 of 1
MINUTES OF THE MEETING OF THE MONTCLAIR
PERSONNEL COMMITTEE HELD ON MONDAY,
MARCH 6, 2023, AT 6:05 P.M. IN THE CITY
ADMINISTRATIVE OFFICES, 5111 BENITO STREET,
MONTCLAIR, CALIFORNIA
I. CALL TO ORDER
Mayor Pro Tem Johnson called the meeting to order at 6:05 p.m.
II. ROLL CALL
Present: Mayor Pro Tem Johnson, Council Member Ruh, City Manager Starr, and Assistant City Manager/Director of
Human Services Richter
III. APPROVAL OF MINUTES
A. Minutes of the Regular Personnel Committee Meeting of February 21, 2023.
Moved by Council Member Ruh, seconded by Mayor Pro Tem
Johnson, and carried unanimously to approve the minutes of the Personnel Committee meeting on February 21, 2023.
IV. PUBLIC COMMENT – None
V. CLOSED SESSION
At 6:06 p.m., the Personnel Committee went into Closed Session regarding personnel matters related to appointments, resignations/ terminations, and evaluations of employee performance.
At 6:20 p.m., the Personnel Committee returned from Closed Session.
Mayor Pro Tem Johnson stated that no announcements would be made at this time.
VI. ADJOURNMENT
At 6:20 p.m., Mayor Pro Tem Johnson adjourned the Personnel Committee.
Submitted for Personnel Committee approval,
Edward C. Starr
City Manager
MONTCLAIR CITY COUNCIL MEETING – 03/20/2023 Page 34 of 38
PENDING
APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – March 6, 2023 Page 1 of 4
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 6, 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
Pastor Donald Rucker, Christian Development Center, gave the invocation.
III. PLEDGE OF ALLEGIANCE
Mayor Pro Tem/Director Johnson led meeting participants in the Pledge.
IV. ROLL CALL
Present: Mayor/Chair Dutrey; Mayor Pro Tem/Vice Chair Johnson; Council Members/Directors Ruh, Martinez, and Lopez
City Manager/Executive Director Starr; Assistant City Manager/ Director of Human Services Richter; Director of Finance Kulbeck; Executive Director of Public Safety/Police Chief Avels; Director of Public Works/City Engineer Heredia; City Attorney Robbins; City Clerk Myrick
V. PRESENTATIONS — None
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. This event will take place, rain or shine. Nina Joyner, from the Christian Development Center, thanked all the Council Members who attended their first annual Black History Fair at, 5080 Kingsley Street, on Saturday, February 11th. She invited the Council Members to attend next year’s event. She also thanked Chief Avels and his officers for providing support at the event. Bill Kaufman, spoke in support of legalizing commercial cannabis activities in the City and provided a new study to Economic Development Agency Director Fuentes, regarding revenue he believes the City could be earning through legal commercial cannabis. He further stated he would submit all compliance documents and apply for a business license.
VII. PUBLIC HEARINGS— None
VIII. CONSENT CALENDAR
Council Member/Director Lopez declared his abstention on Items A–1 and A–2 due to his absence from those meetings.
ACTION – Consent Calendar
ACTING: City Council
Successor Agency Board
Montclair Housing Corporation Board
Montclair Housing Authority Commissioners
Montclair Community Foundation Board
MONTCLAIR CITY COUNCIL MEETING – 03/20/2023 Page 35 of 38
PENDING
APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – March 6, 2023 Page 2 of 4 ACTION – Consent Calendar
MOTION: Approve the Consent Calendar as presented, noting Council Member/Director Lopez’s abstention on Items A–1 and A–2.
MADE BY:
SECOND BY:
Council Member/Director Ruh
Mayor Pro Tem/Director Johnson
AYES:
NOES:
ABSTAIN:
ABSENT:
Martinez, Ruh, Johnson, Dutrey, Lopez
None
None
None
RESULT: Motion carried 5–0.
A. Approval of Minutes
1. Regular Joint Meeting — February 21, 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 abstained).
2. Adjourned Meeting — February 22, 2023
ACTION – Consent Calendar – Item A–2
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez abstained).
B. Administrative Reports
1. Consider Approval of Warrant Register and Payroll
Documentation
ACTION – Consent Calendar – Item B–1
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.
2. Consider Adoption of the Local Roadway Safety Plan
Council Member Lopez received clarification on the extent to which speed limits were addressed in the plan.
ACTION – Consent Calendar – Item B–2
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.
3. Consider Designating Council Member Martinez as
Montclair’s Voting Delegate for the Southern California Associated Governments (SCAG) General Assembly Meeting
to be Held at the SCAG Regional Conference on May 4, 2023, in Palm Desert
MONTCLAIR CITY COUNCIL MEETING – 03/20/2023 Page 36 of 38
PENDING
APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – March 6, 2023 Page 3 of 4 ACTION – Consent Calendar – Item B–3
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.
C. Agreements
1. Consider Award of Contract to Moore Flooring, Inc. in the Amount of $18,283 with a $5,000 Contingency for Youth
Center Flooring Services [CC]
Consider Approval of Agreement No. 23–16 with Moore
Flooring, Inc., for Youth Center Flooring Services, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] Consider Authorizing a $23,283 Appropriation from the
Building Maintenance Reserve Fund for Youth Center
Flooring Services
ACTION – Consent Calendar – Item C–1
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.
2. Consider Approval of Agreement No. 23–18 with the County of San Bernardino for Roadway Improvements on Mission
Boulevard, Subject to Any Revisions Deemed Necessary by the City Attorney
ACTION – Consent Calendar – Item C–2
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.
D. Resolutions
1. Consider Adoption of Resolution No. 23–3400 Authorizing Placement of Liens on Certain Properties for Delinquent Sewer and Trash Charges
ACTION – Consent Calendar – Item D–1
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.
IX. PULLED CONSENT CALENDAR ITEMS — None
X. 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 monthly food distribution scheduled to take place on March 16th, , as well as the Easter Eggstravaganza that will be taking place on April 8th at Alma Hofman Park and the Montclair Community Center. She also encouraged residents to join the Montclair Walkers program, which is held every Monday, Wednesday, and Friday from 10 a.m. to 11 a.m. at Montclair Place, and also provided a reminder about the Montclair Parks & Recreation Master Plan community workshop on March 14th at the Montclair Senior Center.
MONTCLAIR CITY COUNCIL MEETING – 03/20/2023 Page 37 of 38
PENDING
APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – March 6, 2023 Page 4 of 4 B. City Attorney— No comments
C. City Manager/Executive Director
Commented on the success of the Montclair After–School Program (MAP) art show, and how phenomenal the art work, sculpturing, cartoon drawing, and painting classes that were offered turned out.
D. Mayor/Chair
Mayor Dutrey commended the Montclair After–School Program. He recognized March as Women’s History and Irish Heritage Month, and noted Cesar Chavez Day which will be celebrated at the end of the month. He reported attending Montclair Little League’s opening day at Saratoga Park and thanked Public Works staff for the work they did on preparing the field for the event. He added that he and Mayor Pro Tem Johnson spoke to Montclair High School seniors at a job fair program held at the school.
E. Council Members/Directors
1. Mayor Pro Tem/Vice Chair Johnson expressed her anticipation for flashing stop signs throughout the City. She complimented how nice the new electronic message board on the Council Chambers looks, and that it is very informative and eye catching. She also gave information regarding upcoming
Montclair Chamber of Commerce events.
2. Council Member/Director Lopez noted Saint Patrick’s Day is on March 17th. He stated he also attended the Montclair Little League’s opening day and commented on how fun the event was. He further apologized for his recent absences and
mentioned he was glad to be able to attend this evening and be involved with City business.
3. Council Member/Director Ruh discussed his attendance at a Hope Through Housing event with Mayor Pro Tem Johnson and Council Member Martinez for the opening of the Veterans’ Village in Pomona.
F. Committee Meeting Minutes
The following committee minutes were received and filed for informational purposes:
1. Personnel Committee – February 21, 2023
XI. ADJOURNMENT
At 7:51 p.m., the City Council, Successor Agency Board, Montclair Housing Corporation Board, Montclair Housing Authority Commission, and Montclair Community Foundation Board were adjourned.
Submitted for City Council/Successor Agency Board/Montclair Housing Corporation Board/ Montclair Housing Authority
Commission/Montclair Community Foundation Board approval,
Andrea Myrick,
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 03/20/2023 Page 38 of 38