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, September 18, 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
Please be advised that those participating via Zoom do so at their own risk. The meeting will not be suspended or cancelled if any technical issues occur during the meeting.
If you want to provide comments on an agenda item, including public hearing and closed session items, please complete a Speaker Card located in the Council Chambers or online at https://www.cityofmontclair.org/public–comment/. The Mayor/Chair (or the meeting’s Presiding Officer) will call on those who submitted requests to speak at the appropriate times during the meeting. Those who did not submit a request to speak who are present at the meeting location may raise their hand during Public Comment to request to speak. Those participating remotely may request speak using the “raise hand” function in Zoom or may dial *9 if on the phone, and then *6 to un–mute when called on to speak. Written comments (200–word limit per agenda item, and 200–word limit for all non–agenda items combined) and requests to speak can also be emailed to [email protected] at least one hour before the meeting begins.
Video recordings of Council meetings are available on the City's website at https://www.cityofmontclair.org/council–meetings/ and can be accessed by the end of the business day following the meeting.
AGENDA
I. CALL TO ORDER City Council [CC], Successor Agency Board [SA], Montclair Housing Corporation Board [MHC],
Montclair Housing Authority Commission [MHA],
Montclair Community Foundation Board [MCF]
II. INVOCATION
In keeping with our long–standing tradition of opening our Council meetings with an invocation, this meeting may include a nonsectarian invocation. Such invocations are not intended to proselytize or advance any faith or belief or to disparage any faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation.
III. PLEDGE OF ALLEGIANCE
IV. ROLL CALL
V. PRESENTATIONS
A. Recognition of Montclair Little League and Golden Girls Softball League for Resilience, Perseverance, and Rebuilding After the COVID–19 Pandemic B. Introduction of New Police Officers
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.
XXXXXXXXXXXXX
Page No.
VII. PUBLIC HEARINGS
A. Second Reading — Consider Adoption of Ordinance No. 23–1004 Amending Section 3.08.010 of the Montclair Municipal Code to Provide Informal Bidding Procedures Under the Uniform Public Construction Cost Accounting Act [CC] 6 VIII. CONSENT CALENDAR
A. Approval of Minutes
1. Regular Joint Meeting — August 21, 2023 [CC/SA/MHC/MHA/MCF] 187 B. Administrative Reports
1. Consider Receiving and Filing of Treasurer’s Report [CC] 11
2. Consider Approval of Warrant Registers & Payroll Documentation [CC] 12
3. Consider Receiving and Filing of Treasurer’s Report [SA] 13
4. Consider Approval of Warrant Register [SA] 14
5. Consider Receiving and Filing of Treasurer’s Report [MHC] 15
6. Consider Approval of Warrant Register [MHC] 16
7. Consider Receiving and Filing of Treasurer’s Report [MHA] 17
8. Consider Approval of Warrant Register [MHA] 18
9. Consider Approval of the Filing of a Notice of Completion with the San Bernardino County Recorder’s Office for the Flashing STOP Sign Replacement Program [CC]
Consider Authorizing Release of Retention 30 Days After Recordation of the Notice of Completion [CC] 19
10. Consider Authorizing the Sale of Certain Police Department Legacy Duty Firearms to ProForce Law Enforcement for $21,750 [CC]
Consider Authorizing Use of the Proceeds from the Sale of Said Firearms Toward the Purchase of 75 Ballistic Helmets from ProForce Law Enforcement for $62,094 [CC]
Consider Authorizing a $41,000 Appropriation from the Federal Asset Forfeiture Fund to Cover the Remaining Balance of the Helmets and Potential Additional Shipping Costs [CC] 22
11. Consider Declaring Used Fire Hose as Surplus and Available for Donation to the Fire Department of Huatabampo, Sonora in Mexico [CC] 25
12. Consider Authorizing the Destruction of Certain Obsolete Public Records Pursuant to the City of Montclair Records Retention Schedule [CC] 26 Page No.
C. Agreements
1. Consider Waiving a Minor Bid Irregularity and Award of Contract to PUB Construction, Inc. in the Amount of $6,495,030.92 for Construction of the Sunset Park Beautification Project [CC]
Consider Approval of Agreement No. 23–64 with PUB Construction, Inc. for Construction of the Sunset Park Beautification Project, Subject to Any Revisions Deemed Necessary by the City Attorney [CC]
Consider Approval of Agreement No. 23–65 with LD King, Inc. in the Amount of $68,290 for Supplemental Engineering and Material Testing Services, Subject to Any Revisions Deemed Necessary by the City Attorney [CC]
Consider Authorizing a $650,000 Construction Contingency for the Sunset Park Beautification Project [CC] 29
2. Consider Approval of Agreement No. 23–66 with STI Firearms LLC for the Purchase of Staccato P 2011 Platform Steel–Frame Weapon Systems and Associated Services and Equipment, Subject to Any Revisions Deemed Necessary by the City Attorney [CC]
Consider Authorizing City Manager Edward C. Starr to Sign Said Agreement [CC]
Consider Authorizing a $200,214 Appropriation from the Federal Asset Forfeiture Fund for Costs Associated with Agreement No. 23–66 [CC] Consider Authorizing a $3,185 Appropriation from the Federal Asset Forfeiture Fund for the Purchase of Leather Magazine Pouches from All State Police Equipment [CC] 60
3. Consider Approval of Agreement No. 23–69 with Crash Data Group for the Purchase of One Bosch Crash Data Retrieval Pro Tool Package and a One– Year Software Subscription [CC]
Consider Authorizing an $8,289 Appropriation from the Federal Asset Forfeiture Fund to Pay the Costs Associated with Agreement No. 23–69 [CC] 81
4. Consider Amending the 2019–2024 Capital Improvement Program Adding the Civic Center Master Plan [CC]
Consider Approval of Agreement No. 23–70 with EPTDESIGN for Design Services for the Civic Center Master Plan, Subject to Any Revisions Deemed Necessary by the City Attorney [CC]
Consider Authorizing a $42,000 Appropriation from 2021 Lease Revenue Bond Funds to Cover the Contract Amount and Reimbursable Expenses Related to Agreement No. 23–70 [CC] 91
5. Consider Approval of Agreement No. 23–71 with the County of San Bernardino Related to Distribution of 2023 Justice Assistance Grant Program Award Funds [CC]
Consider Authorizing City Manager Edward C. Starr to Sign Said Agreement [CC] 113
Page No.
6. Consider Approval of Agreement No. 23–72 with the San Bernardino County Community Revitalization Office of Homeless Services to Accept an Award for the Homeless Housing, Assistance and Prevention Program Round 3 (HHAP–3), Subject to Any Revisions Deemed Necessary by the City Attorney [CC]
Consider Authorizing the City Manager to Sign Agreement No. 23–72 and Any Other Related Documents to Effectuate Programs [CC] 136 D. Resolutions
1. Consider Adoption of Resolution No. 23–3414 Reaffirming the City of Montclair’s Commitment to the Well–Being and Safety of All Individuals Regardless of Race, Religion, Ethnicity, National Origin, Disability, Sex, Gender, Gender Expression, Sexual Orientation, Age, or Military/Veteran Status; and Condemning Hate Crimes and Any Other Form of Racism, Religious or Ethnic Bias, Discrimination, Incitement of Violence, or Targeting of Minorities [CC] 174
2. Consider Adoption of Resolution No. 23–3420 Authorizing the City of Montclair to Enter Into an Agreement with the California Department of Cannabis Control for a Local Jurisdiction Cannabis Retail Access Grant for Development and Implementation of a Commercial Cannabis Licensing Program [CC] 177
3. Consider Adoption of Resolution No. 23–3421 Adopting a Five–Year Capital Project Needs Analysis for Fiscal Years 2025–26 through 2029–30 [CC] Consider Adoption of Resolution No. 23–3422 Adopting the Five–Year Local Street Capital Improvement Program for Fiscal Years 2024–25 through 2028–29 [CC] 180
IX. PULLED CONSENT CALENDAR ITEMS
X. COMMUNICATIONS
A. Department Reports
1. Public Works – Groundbreaking Ceremony for Renovations at Sunset Park B. City Attorney
1. Request for City Council to Meet in Closed Session Pursuant to Government Code §54956.9(d)(4) Regarding Potential Litigation [CC] 1 Potential Case
2. Request for City Council to Meet in Closed Session Pursuant to Government Code §54957.6 Regarding Conference with Designated Labor Negotiator Diane E. Robbins [CC]
Employee: City Manager
3. Closed Session Pursuant to Government Code Section 54956.8 Regarding Real Property Negotiations [CC]
Property: APN 1010–061–10–0–000
Negotiating Parties: City of Montclair and Jose Flores
City Negotiator: Edward C. Starr, City Manager
Under Negotiation: Recommendations Regarding Purchase Price Page No.
C. City Manager/Executive Director
D. Mayor/Chairperson
E. Council Members/Directors
F. Committee Meeting Minutes (for informational purposes only)
1. Personnel Committee Meeting — August 21, 2023 [CC] 186 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, October 2, 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, September 14, 2023.