Minutes — Montclair City Council, February 20, 2024

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 20, 2024 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
Ma Nithya Mukthikananda, Kailasa USA, gave the invocation.

III. PLEDGE OF ALLEGIANCE
Mayor Pro Tem/Vice Chair Johnson led meeting participants in the Pledge.

IV. ROLL CALL

Present: Mayor/Chair Dutrey; Mayor Pro Tem/Vice Chair Johnson; Council Members/Directors Martinez and Lopez
City Manager/Executive Director Starr; Assistant City Manager/ Director of Human Services Richter; Director of Finance Kulbeck; Director of Community Development Diaz; Director of Public Works/City Engineer Heredia; Police Chief Reed; Fire Chief Pohl; City Attorney Robbins; City Clerk Myrick

Absent: Council Member/Director Ruh (excused)
V. PRESENTATIONS
A. Introduction of Promoted Police Department Employees Police Chief Reed announced the recent promotions of Captain Brian Ventura and Sergeant Rick Dominguez. Mayor Dutrey and Council Members congratulated Captain Ventura and Sergeant Dominguez.

Police Chief Reed also announced that the Battle of the Badges Red Cross Blood Drive event will be held at the Montclair Senior Center on Tuesday, February 27, 2024, from 2:00 to 8:00 p.m.

VI. PUBLIC COMMENT
 Ma Nithya Mukthikananda, Kailasa USA, spoke on the Temple’s 17 years located in the City of Montclair, thanked the Police Department for keeping the community safe, and presented a coffee table book with teachings from the temple’s guru to Mayor Dutrey.
 Thuan Nguyen, resident, requested the City pass a local resolution supporting a ceasefire on the Israeli–Palestinian Gaza conflict.  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 16, 2024, from 9:00 a.m. to noon.
 Bill Kaufman, resident, concurred on supporting a ceasefire in the Israeli–Palestinian Gaza conflict. He commented on visiting a Wellness Center in Laguna Woods where seniors can seek various health remedies, including cannabis and herbs, adding that his business is interested in operating a similar type of business in the Shoe City building on Central Avenue in Montclair.

Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – February 20, 2024 Page 2 of 6 VII. PUBLIC HEARINGS
A. Consider Continuing First Reading of Ordinance No. 24–1007 Amending Title 11 of the Montclair Municipal Code Relating to Urban Lot Splits and Two–Unit Projects in the R–1 Single–Family Residential Zones within City Limits (Case No. 2023–37) to Monday, March 4, 2024, at 7:00 p.m. in the City Council Chambers Mayor Dutrey opened the public hearing and invited comments from the public. There being no one in the audience wishing to speak, Mayor Dutrey closed the public hearing and returned the matter to the City Council for consideration.

ACTION – Public Hearings – Item A
ACTING: City Council
MOTION: Continue Public Hearing Item A to Monday, March 4, 2024, at 7:00 p.m. in the City Council Chambers.

MADE BY:

SECOND BY:

Mayor Pro Tem Johnson
Council Member Ben Lopez
AYES:

NOES:

ABSTAIN:

ABSENT:

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

VIII. CONSENT CALENDAR
ACTION – Consent Calendar
ACTING: City Council
Successor Agency Board
Montclair Housing Corporation Board
Montclair Housing Authority Commissioners
Montclair Community Foundation Board
DISCUSSION: Item C–1
MOTION: Pull Item C–2 and approve the remainder of the Consent Calendar as presented.

MADE BY:

SECOND BY:

Council Member/Director Martinez
Mayor Pro Tem/Vice Chair Johnson
AYES:

NOES:

ABSTAIN:

ABSENT:

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

A. Approval of Minutes

1. Special Meeting — January 16, 2024
ACTION – Consent Calendar – Item A–1
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Ruh absent).

2. Regular Joint Meeting — February 5, 2024
ACTION – Consent Calendar – Item A–2
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 (Ruh absent).

B. Administrative Reports

1. Consider Receiving and Filing City Treasurer's Report – January 2024
ACTION – Consent Calendar – Item B–1
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Ruh 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 (Ruh absent).

3. Consider Receiving and Filing SA Treasurer’s Report – January 2024
ACTION – Consent Calendar – Item B–3
ACTING: Successor Agency Board
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Ruh absent).

4. Consider Approval of SA Warrant Register – January 2024 ACTION – Consent Calendar – Item B–4
ACTING: Successor Agency Board
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Ruh absent).

5. Consider Receiving and Filing MHC Treasurer's Report – January 2024
ACTION – Consent Calendar – Item B–5
ACTING: Montclair Housing Corporation Board
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Ruh absent).

6. Consider Approval of MHC Warrant Register – January 2024 ACTION – Consent Calendar – Item B–6
ACTING: Montclair Housing Corporation Board
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Ruh absent).

7. Consider Receiving and Filing of MHA Treasurer's Report – January 2024
ACTION – Consent Calendar – Item B–7
ACTING: Montclair Housing Authority Commissioners
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Ruh absent).

8. Consider Approval of MHA Warrant Register – January 2024 ACTION – Consent Calendar – Item B–8
ACTING: Montclair Housing Authority Commissioners
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Ruh absent).

9. Consider Declaring a 2000 Chevrolet S–10 Blazer (Unit 223) and a 2003 Honda CRV (Unit 204) as Surplus Vehicles
Available for Parts or for Sale at Auction
ACTION – Consent Calendar – Item B–9
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Ruh absent).

10. Consider Approval of Parcel Map No. 20393 Located on the North Side of Mission Boulevard Approximately 250 Feet
East of Monte Vista Avenue
Consider Authorizing Parcel Map No. 20393 to be Recorded with the Office of the San Bernardino County Recorder,
Subject to Final Approval by the City Engineer
ACTION – Consent Calendar – Item B–10
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Ruh absent).

C. Agreements

1. Consider Approval of Agreement Nos. 24–17 with the United States Marshals Service to assign one Montclair Police
Department Officer to its Pacific Southwest Regional Fugitive Task Force
Consider Authorizing Police Chief Jason Reed to Sign Said Agreement
Mayor Pro Tem Johnson received clarification on the time commitments to the Task Force that will be required of the assigned Police Officer.

Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – February 20, 2024 Page 5 of 6 ACTION – Consent Calendar – Item C–1
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Ruh absent).

D. Resolutions — None
IX. PULLED CONSENT CALENDAR ITEMS
C. Agreements

2. Consider Authorizing Task Order No. 1 Pursuant to
Agreement No. 23–67 with Epic Land Solutions to Provide Administrative Right–of–Way Services Related to Easement Acquisitions Along the San Antonio Creek Channel
Consider Authorizing a $965,475 Allocation from 2021 Lease Revenue Bond Funds for Costs Associated with the Task
Order and Acquisition of Easement Rights
Council Member Lopez expressed concerns over the use of eminent domain.

City Manager Starr advised the City will only seek eminent domain related to easements for the purposes described in the agenda report, not acquiring the property.

Council Member Lopez expressed he is uneasy granting a
consultant the ability to acquire easement rights.

Mayor Dutrey received clarification on the process of easement rights, condemnations, and confirmed that all easement actions will be brought back to City Council for approval.

ACTION – Consent Calendar – Item C–2
ACTING: City Council
MOTION: Authorize Task Order No. 1 pursuant to Agreement No. 23–67 with Epic Land Solutions to provide
administrative right–of–way services related to
easement acquisitions along the San Antonio Creek
Channel; and authorize a $965,475 allocation from
2021 Lease Revenue Bond funds for costs associated
with the proposed Task Order and acquisition of
easement rights.

AYES:

NOES:

ABSTAIN:

ABSENT:

Martinez, Johnson, Dutrey
Lopez
None
Ruh
RESULT: Motion carried 3–1–1.

X. COUNCIL WORKSHOP
A. Police Department Update
The City Council continued this presentation to an adjourned meeting to be held on Monday, March 4, 2024, at 5:45 p.m. in the City Council Chambers.

XI. COMMUNICATIONS
A. Department Reports

1. Public Works — Upcoming Tree Planting Events
Public Works Director/City Engineer Heredia invited the City Council and members of the public to the Reeder Ranch Park to Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – February 20, 2024 Page 6 of 6 participate in a tree planting event in partnership with Sustainable Claremont on Saturday, February 24, 2024, from 8:30 to 11:30 a.m. She also announced upcoming tree planting events in March, and advised flyers will be available soon.

B. City Attorney — None
C. City Manager/Executive Director — None
D. Mayor/Chair
Mayor/Chair Dutrey announced that he attended the Chaffey Joint Union High School District Board Meeting at Montclair High School; attended a joint regional meeting of the Inland Empire and Riverside divisions of the League of California Cities with Mayor Pro Tem Johnson; commented on the CIF boys and girls soccer and basketball team games; and spoke on recent heavy rain and storms causing flooding in surrounding cities, subsequently thanking retired Deputy City Manager Marilyn Staats for her leadership on the installation of storm drains in the southern part of Montclair several decades ago as the Director of Redevelopment and Public Works.

E. Council Members/Directors

1. Council Member/Director Lopez asked residents to slow down when driving and stated that yellow does not mean to accelerate to beat the red light; thanked Public Works staff for making sure the roads in Montclair are safe; and complimented the City Council in 2014 for approving street repavements and
improvements throughout the City, as he noticed there are not as many cracked roads and potholes as in surrounding cities.

2. Council Member/Director Martinez spoke on a ceasefire resolution and moved to agendize a discussion item regarding a local ceasefire on the Israeli–Palestinian/Gaza conflict.

There was no second to the motion; therefore, the motion failed.

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

1. Personnel Committee – February 5, 2024
XII. ADJOURNMENT
At 7:55 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 CouncilFebruary 20, 2024

Montclair City Council
February 20, 2024