Minutes — Montclair City Council, October 21, 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 MONDAY, OCTOBER 21, 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
Josh Matlock, Bethany Baptist Church, gave the invocation.

III. PLEDGE OF ALLEGIANCE
Council Member/Director Lopez 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 Community Development Diaz; Director of Finance Kulbeck; Director of Public Works/City Engineer Heredia; Police Chief Reed; Fire Chief Pohl; City Attorney Robbins; City Clerk Myrick
V. PRESENTATIONS
A. Inland Empire Utilities Agency (IEUA) Update
IEUA General Manager Shivaji Deshmuk and President
Marco Tule provided an overview of IEUA services,
partnerships, and updates on the agency’s activities,
programs, projects, and water conservation rebates, and also provided insights on future growth and water supply needs of the region.

B. Proclamation Declaring the Week of October 21, 2024, as Code Enforcement Officer Appreciation Week in the City
of Montclair
Mayor Dutrey and the City Council presented a proclamation declaring the week of October 21, 2024, as Code
Enforcement Officer Appreciation Week in the City of
Montclair to the Code Enforcement Division team.

Assistant Code Enforcement Manager Gabriel Fondario
expressed gratitude to the Mayor and City Council for their robust support of the Division’s mission to assist the
homeless, ensure compliance with the City’s codes, and
enhance community safety and pride.

VI. PUBLIC COMMENT
 Ruby Long, Senior Field Representative for San Bernardino County Fourth District Supervisor Curt Hagman, invited the community to a Veterans Claims event for County residents on November 2nd, from 10:00 a.m. to 2:00 p.m. at the District office in Chino Hills.  Carolyn Raft, resident, asserted she had no knowledge of or involvement with a mailer opposing Council Member Lopez’s re– election and supporting the elections of herself and Mayor Pro Tem Johnson.

Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes — October 21, 2024 Page 2 of 7  Xavier Mendez, resident, noted he has received feedback from residents regarding their concerns about rising water, trash, and sewer costs, as well as questions surrounding the City’s ongoing construction of new housing in the context of diminishing water resources. He requested the Public Works Department provide more frequent updates at Council meetings
 Alex, a community member, spoke in opposition to the re–election of Council Member Lopez citing sexual harassment and discrimination allegations and lawsuits that arose during his term as Council Member, as well as his advocacy for anti–LGBTQ legislation prior to his election.  Kayla Alvarez, resident, voiced her disapproval of receiving a negative political mailer targeting Council Member Lopez and expressed her support for his re–election, citing his positive contributions to the community while serving on the City Council.

VII. PUBLIC HEARINGS — None
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: Items A–1,C–1, C–2, and C–4
MOTION: Approve Item A–1 with amendments requested by Council Member/Director Lopez, and approve the remainder of the Consent Calendar as presented.

MADE BY:

SECOND BY:

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

NOES:

ABSTAIN:

ABSENT:

Lopez, Martinez, Ruh, Johnson, Dutrey
None
None
None
RESULT: Motion carried 5–0.

A. Approval of Minutes

1. Regular Joint Meeting — October 7, 2024
Council Member/Director Lopez requested the minutes be
amended to include his congratulations to Manny Martinez and Sandra Rose on their uncontested re–appointments to new terms on the MVWD Board of Directors.

ACTION – Consent Calendar – Item A–1
ACTING: City Council
Successor Agency Board
Montclair Housing Corporation Board
Montclair Housing Authority Commissioners
Montclair Community Foundation Board
MOTION: Correction to Council Member/Director Lopez’s
comments under X. Communications – Item E–3.

RESULT: Approved on Consent Calendar; motion carried 5–0.

1. Consider Receiving and Filing City Treasurer's Report — September 2024
ACTION – Consent Calendar – Item B–1
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

2. Consider Approval of Warrant Register and Payroll
Documentation
ACTION – Consent Calendar – Item B–2
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

3. Consider Receiving and Filing of SA Treasurer’s Report — September 2024
ACTION – Consent Calendar – Item B–3
ACTING: Successor Agency Board
RESULT: Approved on Consent Calendar; motion carried 5–0.

4. Consider Approval of SA Warrant Register — September 2024 ACTION – Consent Calendar – Item B–4
ACTING: Successor Agency Board
RESULT: Approved on Consent Calendar; motion carried 5–0.

5. Consider Receiving and Filing MHC Treasurer's Report September 2024
ACTION – Consent Calendar – Item B–5
ACTING: Montclair Housing Corporation Board
RESULT: Approved on Consent Calendar; motion carried 5–0.

6. Consider Approval of MHC Warrant Register — September 2024
ACTION – Consent Calendar – Item B–6
ACTING: Montclair Housing Corporation Board
RESULT: Approved on Consent Calendar; motion carried 5–0.

7. Consider Receiving and Filing of MHA Treasurer's Report — September 2024
ACTION – Consent Calendar – Item B–7
ACTING: Montclair Housing Authority Commissioners
RESULT: Approved on Consent Calendar; motion carried 5–0.

8. Consider Approval of MHA Warrant Register — September 2024
ACTION – Consent Calendar – Item B–8
ACTING: Montclair Housing Authority Commissioners
RESULT: Approved on Consent Calendar; motion carried 5–0.

C. Agreements

1. Consider Approval of Agreement No. 24–79 with Graffiti Tracker Inc. for Continued Use of its Database to Track and Analyze Graffiti for the Police Department
Consider Authorizing a $3,300 Appropriation from the
Prop 30/AB 109 Fund for Costs Associated with Agreement No. 24–79
Xavier Mendez noted when he worked for the City, Public Works staff was able to add photos and information to the Graffiti Tracker database during the abatement process, and if the program is now only used by the Police Department.

City Manager Starr advised graffiti abatement and prevention is a collaborative effort on the part of both departments and there have been no changes to access or use of the program to his knowledge.

Mayor Pro Tem Johnson asked for an explanation of the timeline to identify and prosecute the perpetrators.

Captain Ventura responded that the duration can vary
depending on the specific case. However, given the current staffing levels and the capability to collect and compare graffiti and monikers submitted by other agencies, the process is more efficient, resulting in a higher likelihood of conviction.

ACTION – Consent Calendar – Item C–1
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

2. Consider Approval of Agreement No. 24–80 with the U.S.

Department of Justice Office of Community Oriented
Policing Services (COPS) to Accept a $500,000 Award Under the 2024 Cops Hiring Program
Consider Authorizing City Manager Edward C. Starr and
Police Chief Jason Reed to Sign said Agreement
Consider Authorizing a $500,000 Appropriation from the
Public Safety Grant Fund to Cover a Portion of Salaries and Benefits for Four Newly Hired Sworn Officers over a Three– Year Period
Council Member Lopez received clarification that the grant period extends for five years despite the funding covering only three years in order to account for potential vacancies in grant– funded positions.

Mayor Dutrey and Council Members Ruh and Martinez commented on meetings with the Department of Justice in Washington, D.C. last year, where City representatives engaged in discussions about federal grants and extended their congratulations to the Police Department for receiving the award.

Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes — October 21, 2024 Page 5 of 7 ACTION – Consent Calendar – Item C–2
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

3. Consider Approval of Agreement No. 24–81 with YESCO for the Renovation and Restoration of the “City of Montclair” Monument Sign at the Montclair Civic Center
Consider Authorizing a Transfer of $30,061.50 from the
Information Technology Enhancement Reserve Fund to the
Information Technology Department Capital Outlay Fund to Cover Costs Associated with Agreement No. 24–81
Xavier Mendez applauded the City for renovating the sign, which has been in a state of disrepair for a long time.

ACTION – Consent Calendar – Item C–3
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

4. Consider Approval of Agreement No. 24–82 with the Upland Police Department to Rejoin the Special Weapons and
Tactics (SWAT) Team, Subject to any Revisions Deemed
Necessary by the City Attorney
Consider Authorizing Police Chief Jason Reed to Sign said Agreement
Mayor Pro Tem Johnson requested clarification on ownership of equipment shared by the SWAT Team.

Captain Ventura advised the MOU explicitly states that all equipment remains the property of the department that
provides it and will return the equipment to the originating agency should the SWAT Team be disbanded.

ACTION – Consent Calendar – Item C–4
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

D. Resolutions

1. Consider Adoption of Resolution No. 24–3458 Authorizing the Submission of an Application for Grant Funds for the Solid Waste Disposal Program of the Department of Resources
Recycling and Recovery (CalRecycle), and Authorizing the Execution of Application–Related Documents by the City
Manager or His Designee
Xavier Mendez asked if the City has a plan to fund the project if the grant is not successful.

City Manager Starr indicated that the project to be funded by this grant involves the cleanup and construction of a barrier beneath the bridge at the San Antonio Channel, located under Holt Boulevard, and the City is dedicated to financing the project, even if the grant application is unsuccessful.

ACTION – Consent Calendar – Item D–1
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes — October 21, 2024 Page 6 of 7 IX. PULLED CONSENT CALENDAR ITEMS — None
At 8:00 p.m., the City Council took a brief recess and reconvened at 8:04 p.m.

X. COMMUNICATIONS
A. Department Reports

1. Human Services Department — Upcoming Events
Assistant City Manager/Director of Human Services Richter announced the Montclair After–School Program is
celebrating 25 years at the Lights On After–School event taking place this Thursday, October 24, at 6:30 p.m. in the Montclair Community Center; and the City’s Spooktacular Halloween event is being held this Saturday, October 26, from 6:00 to 9:00 p.m. at Montclair Place.

2. Police Department — Community Announcement
Captain Ventura announced the Montclair Police
Department will be handing out candy to trick–or–treaters and will have other spooky surprises for visitors on
Halloween in the police station lobby from 6:00 to 9:00 p.m.

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

1. Real Property Negotiations Pursuant to Government Code §54956.8
Property: APN: 1010–301–07–0000
Negotiating Parties: City of Montclair and UWP Investments, LLC City Negotiator: Edward C. Starr, City Manager
Under Negotiation: Recommendations Regarding Purchase Price C. City Manager/Executive Director — None
D. Mayor/Chair
Mayor/Chair Dutrey reported his attendance at the League of California Cities conference in Long Beach, and congratulated Soroptimist International of Montclair/Inland Valley on their successful Casino Night fundraiser. He advised he will be out of town and unable to attend events in the upcoming week.

E. Council Members/Directors

1. Council Member/Director Ruh complimented the Casino Night event; acknowledged the passing of the husband of Judy
Westbrook, a long–term Soroptimist; reported his attendance at a meeting of the Assembly Select Committee on Regional
Transportation Solutions held in the Council Chambers on Friday, October 18; discouraged negative campaigning; and expressed support for preserving Proposition 13 to ensure that homeowners can remain in their homes.

2. Council Member/Director Lopez noted his support of
Proposition 13, reported his attendance at the annual
Soroptimist fundraiser, and expressed his appreciation to all who reached out to acknowledge his contributions during his term on the City Council.

3. Mayor Pro Tem/Vice Chair Johnson also reported on her attendance at the Soroptimist event, elaborating on their charity work; stated that she was not aware of nor involved with the negative campaign mailers opposing Council Member
Lopez’s reelection and supporting herself and Carolyn Raft, which were distributed by the Montclair Families and Businesses Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes — October 21, 2024 Page 7 of 7 for Good Government Committee; commented on the OPARC
grand opening; reported her attendance at the Anthesis dinner; thanked SoCal Gas Company and ProPhoto for making
monetary donations to the City’s Holiday Food and Toy Basket Program; commended staff on the CAUTION clean–up event
held over the weekend; and request an update regarding the lawsuits against Council Member Lopez.

City Attorney Robbins reported that there were initially two lawsuits: one filed by the two employees against Council Member Lopez and the City, and a cross–complaint filed by the City against Council Member Lopez. She indicated that after reaching a settlement with the two plaintiffs, the City filed a cross–complaint against Council Member Lopez to recover the City’s incurred costs in excess of $700,000 for attorney fees and settlement expenses. She advised both lawsuits have since been consolidated into one lawsuit that is expected to go to trial in mid–2025.

4. Council Member/Director Martinez requested the meeting be adjourned in memory of Mark Yoakum, son of Suzanne
Yoakum, a retired Human Services employee currently serving as a case manager for the Senior Center.

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

1. Personnel Committee — October 7, 2024
XI. CLOSED SESSION
At 8:35 p.m., the City Council went into closed session to discuss real property negotiations.

XII. CLOSED SESSION ANNOUNCEMENTS
At 8:50 p.m., the City Council returned from closed session. Mayor Dutrey announced that the City Council discussed real property negotiations; information was received and direction given to staff; and no further announcements would be made at this time.

XIII. ADJOURNMENT
At 8:50 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 CouncilOctober 21, 2024

Montclair City Council
October 21, 2024