Street No. Street Account Type Delinquency Lien Fee Release of Lien Fee
Total Lien
Amount
5389 Alamitos Street Senior $ 296.05 $ 50.00 $ 20.00 $ 366.05 9757 Amherst Avenue Residential 335.56 50.00 20.00 405.56 9910 Amherst Avenue Residential 335.56 50.00 20.00 405.56 9960 Amherst Avenue Residential 484.54 50.00 20.00 554.54 10085 Amherst Avenue Residential 298.66 50.00 20.00 368.66 5363 Arrow Hwy Residential 258.78 50.00 20.00 328.78
5105 Aspen Drive Residential 325.44 50.00 20.00 395.44
10024 Bel Air Avenue Residential 514.17 50.00 20.00 584.17 10045 Bel Air Avenue Residential 335.56 50.00 20.00 405.56 10063 Bel Air Avenue Residential 421.68 50.00 20.00 491.68 10083 Bel Air Avenue Senior 331.61 50.00 20.00 401.61
4435 Benito Street Residential 334.84 50.00 20.00 404.84 4460 Benito Street Residential 335.75 50.00 20.00 405.75 4824 Benito Street Residential 336.08 50.00 20.00 406.08 5429 Benito Street Residential 335.56 50.00 20.00 405.56 5554 Benito Street Residential 217.22 50.00 20.00 287.22 5598 Benito Street Residential 366.52 50.00 20.00 436.52 9590 Benson Avenue Residential 231.15 50.00 20.00 301.15 9818 Benson Avenue Residential 470.75 50.00 20.00 540.75 4843 Berkeley Street Residential 335.56 50.00 20.00 405.56 5353 Berkeley Street Residential 386.17 50.00 20.00 456.17 5361 Berkeley Street Residential 350.85 50.00 20.00 420.85 5382 Berkeley Street Residential 327.48 50.00 20.00 397.48 5392 Berkeley Street Residential 335.49 50.00 20.00 405.49 9543 Bolton Avenue Residential 335.73 50.00 20.00 405.73 9598 Bolton Avenue Residential 335.56 50.00 20.00 405.56 4576 Bonnie Brae Street Residential 335.50 50.00 20.00 405.50 4599 Bonnie Brae Street Residential 207.54 50.00 20.00 277.54 5450 Bonnie Brae Street Residential 366.05 50.00 20.00 436.05 5178 Brooks Street Commercial 221.57 50.00 20.00 291.57 5369 Brooks Street Commercial 380.85 50.00 20.00 450.85 9815 Camarena Avenue Residential 345.75 50.00 20.00 415.75 5470 Cambridge Street Residential 335.56 50.00 20.00 405.56 5471 Cambridge Street Residential 335.56 50.00 20.00 405.56 5570 Cambridge Street Residential 470.75 50.00 20.00 540.75 9178 Camulos Avenue Senior 483.00 50.00 20.00 553.00
9243 Camulos Avenue Residential 335.56 50.00 20.00 405.56 9511 Camulos Avenue Residential 366.52 50.00 20.00 436.52 9540 Camulos Avenue Residential 366.52 50.00 20.00 436.52 9820 Camulos Avenue Residential 210.22 50.00 20.00 280.22 9877 Camulos Avenue Residential 473.00 50.00 20.00 543.00 10199 Camulos Avenue Residential 246.52 50.00 20.00 316.52 5666 Caroline Street Residential 335.56 50.00 20.00 405.56 10050 Carrillo Avenue Residential 470.75 50.00 20.00 540.75 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 136 of 158 Exhibit A to Resolution – 24–3459
Report of Delinquent Civil Debts – November 2024
Street No. Street Account Type Delinquency Lien Fee Release of Lien Fee
Total Lien
Amount
9526 Central Avenue Residential 314.30 50.00 20.00 384.30 9835 Central Avenue Residential 337.40 50.00 20.00 407.40 9795 Coalinga Avenue Residential 335.56 50.00 20.00 405.56 9824 Coalinga Avenue Senior 315.34 50.00 20.00 385.34
9875 Coalinga Avenue Residential 312.96 50.00 20.00 382.96 11226 College Avenue Residential 216.18 50.00 20.00 286.18 4253 Denver Street Residential 486.68 50.00 20.00 556.68 4325 Denver Street Residential 350.45 50.00 20.00 420.45 4405 Denver Street Residential 200.02 50.00 20.00 270.02 4456 Denver Street Residential 229.41 50.00 20.00 299.41 4966 Denver Street Residential 258.69 50.00 20.00 328.69 4986 Denver Street Residential 363.44 50.00 20.00 433.44 5579 Denver Street Residential 300.98 50.00 20.00 370.98 5616 Denver Street Residential 335.56 50.00 20.00 405.56 5626 Denver Street Residential 366.52 50.00 20.00 436.52 5552 Deodar Street Residential 353.00 50.00 20.00 423.00 5168 El Morado Street Residential 488.36 50.00 20.00 558.36 5429 El Morado Street Residential 335.56 50.00 20.00 405.56 9463 Exeter Avenue Residential 324.46 50.00 20.00 394.46 9442 Exeter Avenue Senior 337.55 50.00 20.00 407.55
9874 Felipe Avenue Residential 335.52 50.00 20.00 405.52 9729 Fremont Avenue Residential 498.86 50.00 20.00 568.86 9823 Fremont Avenue Residential 335.56 50.00 20.00 405.56 10037 Fremont Avenue Residential 353.50 50.00 20.00 423.50 9771 Galena Avenue Residential 239.25 50.00 20.00 309.25 9985 Geneva Avenue Residential 335.56 50.00 20.00 405.56 10018 Geneva Avenue Residential 335.51 50.00 20.00 405.51 4328 Granada Street Residential 335.56 50.00 20.00 405.56 4426 Granada Street Residential 726.35 50.00 20.00 796.35 4465 Granada Street Residential 370.75 50.00 20.00 440.75 4376 Harvard Street Residential 335.56 50.00 20.00 405.56 4418 Harvard Street Residential 335.56 50.00 20.00 405.56 4430 Harvard Street Residential 335.57 50.00 20.00 405.57 5430 Harvard Street Residential 335.75 50.00 20.00 405.75 5141-43 Harvard Street Multifamily 671.12 50.00 20.00 741.12 5596 Hawthorne Street Senior 385.15 50.00 20.00 455.15
9045 Helena Avenue Residential 335.18 50.00 20.00 405.18 9607 Helena Avenue Residential 609.79 50.00 20.00 679.79 9743 Helena Avenue Residential 332.97 50.00 20.00 402.97 5064 Holt Blvd Commercial 403.97 50.00 20.00 473.97
5533 Holt Blvd Commercial 248.38 50.00 20.00 318.38
5190 Howard Street A & B Multifamily 740.01 50.00 20.00 810.01 4585 James Street Residential 366.52 50.00 20.00 436.52 5156 June Mountain Drive Residential 343.73 50.00 20.00 413.73 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 137 of 158 Exhibit A to Resolution – 24–3459
Report of Delinquent Civil Debts – November 2024
Street No. Street Account Type Delinquency Lien Fee Release of Lien Fee
Total Lien
Amount
9860 Kimberly Avenue Residential 337.14 50.00 20.00 407.14 9877 Kimberly Avenue Residential 365.83 50.00 20.00 435.83 5400 La Deney Street Senior 394.21 50.00 20.00 464.21
5430 La Deney Street Residential 300.18 50.00 20.00 370.18 9958 Lindero Avenue Residential 335.70 50.00 20.00 405.70 10042 Lindero Avenue Residential 484.52 50.00 20.00 554.52 9527 Marion Avenue Residential 335.56 50.00 20.00 405.56 9528 Marion Avenue Residential 335.49 50.00 20.00 405.49 9547 Marion Avenue Residential 205.98 50.00 20.00 275.98 9595 Mills Avenue Residential 549.54 50.00 20.00 619.54 9745 Mills Avenue Residential 375.42 50.00 20.00 445.42 9857 Mills Avenue Residential 335.13 50.00 20.00 405.13 4564 Mission Blvd Commercial 238.58 50.00 20.00 308.58
4564 Mission Blvd Commercial 221.57 50.00 20.00 291.57
4620 Moreno Street Residential 335.29 50.00 20.00 405.29 4644 Olive Street Residential 333.64 50.00 20.00 403.64 4779 Orchard Street Residential 328.03 50.00 20.00 398.03 5032 Orchard Street Residential 366.52 50.00 20.00 436.52 5690 Orchard Street Residential 335.56 50.00 20.00 405.56 5535 Palo Verde Street Residential 470.75 50.00 20.00 540.75 5557 Palo Verde Street Residential 371.19 50.00 20.00 441.19 5619 Palo Verde Street Residential 366.09 50.00 20.00 436.09 9925 Poulsen Avenue Residential 335.56 50.00 20.00 405.56 9946 Poulsen Avenue Residential 340.88 50.00 20.00 410.88 9375 Pradera Avenue Multifamily 1,407.17 50.00 20.00 1,477.17 9445 Pradera Avenue Multifamily 1,327.24 50.00 20.00 1,397.24 10074 Pradera Avenue Residential 366.54 50.00 20.00 436.54 9109 Ramona Avenue Residential 369.96 50.00 20.00 439.96 9366 Ramona Avenue Residential 250.02 50.00 20.00 320.02 9587 Ramona Avenue Residential 335.56 50.00 20.00 405.56 9706 Ramona Avenue Residential 568.23 50.00 20.00 638.23 10080 Ramona Avenue Residential 335.51 50.00 20.00 405.51 9801 Ramona Avenue Senior 324.78 50.00 20.00 394.78
9434 Rose Avenue Residential 335.56 50.00 20.00 405.56
9441 Rose Avenue Residential 326.21 50.00 20.00 396.21
9866 Rose Avenue Senior 331.65 50.00 20.00 401.65
4683 Rosewood Street Residential 335.56 50.00 20.00 405.56 5361 Rosewood Street Residential 315.30 50.00 20.00 385.30 5401 Rosewood Street Residential 255.54 50.00 20.00 325.54 11134 Roswell Avenue Residential 221.57 50.00 20.00 291.57 4246 Rudisill Street Residential 264.21 50.00 20.00 334.21 4300 Rudisill Street Residential 332.13 50.00 20.00 402.13 4448 San Bernardino Street Residential 295.11 50.00 20.00 365.11 4739 San Bernardino Street Residential 335.51 50.00 20.00 405.51 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 138 of 158 Exhibit A to Resolution – 24–3459
Report of Delinquent Civil Debts – November 2024
Street No. Street Account Type Delinquency Lien Fee Release of Lien Fee
Total Lien
Amount
4749 San Bernardino Street Residential 335.58 50.00 20.00 405.58 5216 San Bernardino Street Residential 335.56 50.00 20.00 405.56 5418 San Bernardino Street Residential 207.02 50.00 20.00 277.02 5489 San Bernardino Street Residential 373.50 50.00 20.00 443.50 5412 San Jose Street Residential 335.13 50.00 20.00 405.13 5422 San Jose Street Residential 366.52 50.00 20.00 436.52 5465 San Jose Street Residential 339.52 50.00 20.00 409.52 5636 San Jose Street Residential 470.75 50.00 20.00 540.75 4424 San Jose Street #14 Residential 322.53 50.00 20.00 392.53 4424 San Jose Street #18 Residential 335.56 50.00 20.00 405.56 4630 San Jose Street F Residential 545.49 50.00 20.00 615.49 4630 San Jose Street K Residential 291.35 50.00 20.00 361.35 4622 San Jose Street X Residential 310.67 50.00 20.00 380.67 9831 Santa Anita Avenue Residential 445.51 50.00 20.00 515.51 9910 Santa Anita Avenue Residential 251.87 50.00 20.00 321.87 10016 Santa Anita Avenue Residential 344.62 50.00 20.00 414.62 9825 Saratoga Avenue Residential 335.13 50.00 20.00 405.13 9830 Saratoga Avenue Residential 386.20 50.00 20.00 456.20 5131 Sundance Drive Residential 470.75 50.00 20.00 540.75 9617 Surrey Avenue Residential 335.56 50.00 20.00 405.56 9563 Tudor Avenue Residential 263.73 50.00 20.00 333.73 9617 Tudor Avenue Residential 298.66 50.00 20.00 368.66 4878 Yale Street Residential 422.94 50.00 20.00 492.94
5405 Yale Street Residential 335.56 50.00 20.00 405.56
$ 56,958.63 $ 7,800.00 $ 3,120.00 $ 67,878.63
MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 139 of 158
CITY COUNCIL
AGENDA REPORT
DATE: NOVEMBER 4, 2024
SECTION: CONSENT - RESOLUTIONS
ITEM NO.: 3
FILE I.D.: ENV150
DEPT.: FINANCE
PREPARER: J. KULBECK
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 24–3460 ESTABLISHING AN ENVIRONMENTALLY PREFERABLE PURCHASING AND PRACTICES POLICY REASON FOR CONSIDERATION: The City of Montclair actively seeks out and applies for grants that will assist in providing funding to enhance the community and reduce the burden on the General Fund. The City recently submitted an application for the California Department of Resources, Recycling, and Recovery’s (CalRecycle) Illegal Disposal Site Abatement Program, which was authorized for submission by City Council at the October 21, 2024 meeting via Resolution No. 24–3458. As a part of the program, CalRecycle requires all applicants to either have or develop, adopt, and implement an Environmentally Preferable Purchasing and Practices (EPPP) Policy.
A copy of proposed Resolution No. 24–3460 establishing an EPPP Policy is attached for City Council review and consideration.
BACKGROUND: As part of the application requirements for the California Department of Resources, Recycling, and Recovery’s (CalRecycle) Illegal Disposal Site Abatement Program, the City of Montclair must develop, adopt, and implement an Environmentally Preferable Purchasing and Practices (EPPP) Policy. According to California Public Contract Code §12400: "environmentally preferable purchasing" means the procurement or acquisition of goods and services that have a lesser or reduced effect on human health and the environment when compared with competing goods or services that serve the same purpose. This comparison shall take into consideration, to the extent feasible, raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance, disposal, energy efficiency, product performance, durability, safety, the needs of the purchaser, and cost.
By adopting this policy, the City of Montclair will institute practices that reduce waste; purchase products that minimize environmental impacts, and reduce greenhouse gas emissions in their production, shipping, and use; and purchase products that include recycled content, are durable, and conserve energy and water. Implementing an EPPP will aid the City in applying for future grants as more grants are requiring an EPPP Policy be in place. Staff has reviewed existing City policies as well as model policies and recommends that a policy based on the available models be adopted to ensure that this requirement is satisfied and that the City and the environment continue to benefit from sustainable procurement practices to the extent practicable.
FISCAL IMPACT: Adoption of the EPPP Policy will not have an immediate fiscal impact; however, implementing the EPPP Policy may result in cost reductions and/or increases depending on the cost differences between environmentally preferable products and practices versus the currently–used products and practices.
RECOMMENDATION: Staff recommends that the City Council adopt Resolution No. 24–3460 approving an Environmentally Preferable Purchasing and Practices Policy.
MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 140 of 158 Resolution No. 24–3460 Page 1 of 1
RESOLUTION NO. 24–3460
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MONTCLAIR ESTBLISHING AN ENVIRONMENTALLY
PREFERABLE PURCHASING AND PRACTICES POLICY
WHEREAS, Public Resources Code sections 48000 et seq. authorize the Department of Resources Recycling and Recovery (CalRecycle) to administer various grant programs (grants) in furtherance of the State of California’s (state) efforts to reduce, recycle and reuse solid waste generated in the state thereby preserving landfill capacity and protecting public health and safety and the environment; and WHEREAS, in furtherance of this authority CalRecycle is required to establish procedures governing the application, awarding, and management of the grants; and WHEREAS, in an effort to both reward environmental leadership and encourage others to improve their environmental programs, CalRecycle now requires that all government agencies applying for various grants administered by CalRecycle either have in place or develop, adopt, and implement an environmentally preferable purchasing and practices policy; and
WHEREAS, the City of Montclair supports the purchase of recycled and environmentally preferable products in order to minimize environmental impacts related to City procured goods and services; and
WHEREAS, the City supports waste prevention, waste reduction, reuse, repair, recycling, diversion, and the reuse of recycled products and materials as well as stipulating the disposal of materials; and
WHEREAS, the City is committed to continuously improving the efficiency of its use of resources by practicing waste reduction and recycled content product procurement in all aspects of its internal and external operations and is committed to using sustainable environmental practices in all aspects of its procurement of goods and services.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Montclair does hereby find and determine as follows:
Section 1. The City of Montclair Environmentally Preferable Purchasing and Practices Policy attached hereto as “Exhibit A,” is hereby adopted.
Section 2. Effective Date. This Resolution shall be in full force and effect immediately upon adoption.
APPROVED AND ADOPTED this XX day of XX, 2024.
Mayor
ATTEST:
City Clerk
I, Andrea M. Myrick, City Clerk of the City of Montclair, DO HEREBY CERTIFY that Resolution No. 24–3460 was duly adopted by the City Council of said city and was approved by the Mayor of said city at a regular meeting of said City Council held on the XX day of XX, 2024, and that it was adopted by the following vote, to–wit:
AYES: XX
NOES: XX
ABSTAIN: XX
ABSENT: XX
Andrea M. Myrick
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 141 of 158
Exhibit “A” to Resolution No. 24–3460
CITY OF MONTCLAIR
ENVIRONMENTALLY PREFERABLE PURCHASING AND PRACTICES POLICY
1.0 STATEMENT OF POLICY
It is the policy of the City of Montclair to:
require purchase of products and services that minimize environmental and health impacts, toxics, pollution, and hazards to workers and community safety and to the larger global community to the greatest extent practicable; however It is not the intent of this policy to require a department, buyer or contractor to take any action that conflicts with local, state or federal requirements or to procure products that do not perform adequately for their intended use, exclude adequate competition, or are not available at a reasonable price in a reasonable period of time.
2.0 PURPOSE
This Policy is adopted to:
minimize health risks to City staff and residents,
minimize the City’s contribution to global climate change, improve air quality,
protect the quality of ground and surface waters, and minimize the City’s consumption of resources.
Further, this Policy is adopted in order to:
purchase products that include recycled content in order to support strong recycling markets,
institute practices that reduce waste by increasing product efficiency and effectiveness, use products that are durable and long–lasting, and reduce materials that are landfilled,
purchase products and institute practices that conserve energy and water, use agricultural fibers and residues, reduce greenhouse gas emissions, use unbleached or chlorine free manufacturing processes, and use recycled wood and wood from sustainably harvested forests,
purchase energy from renewable or green sources in preference to fossil fuels,
purchase products that are free of mercury and lead and eliminate the use of other persistent bioaccumulative toxic chemicals where possible, increase the use and availability of environmentally preferable products, services and distribution systems that protect human health and the environment, support emerging and established manufacturers and vendors that reduce environmental and human health impacts in their services and production and distribution systems, and
create a model for successfully purchasing environmentally preferable products and services that encourages other buyers and consumers in our community to adopt similar goals.
MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 142 of 158 Exhibit “A” to Resolution No. 24–3460
CITY OF MONTCLAIR EPPP POLICY
3.0 SPECIFICATIONS
3.1 Source Reduction
3.1.1 The City of Montclair shall institute practices that reduce waste and result in the purchase of fewer products whenever practicable and cost– effective, but without reducing safety or workplace quality.
3.1.2 The City of Montclair shall purchase remanufactured products (i.e. for equipment and vehicles) whenever practicable, but without reducing safety, quality or effectiveness.
3.1.3 The City of Montclair shall require all equipment bought after the adoption of this policy to be specified and delivered so it is compatible with source reduction goals as referred to in this section (3.1), whenever practicable.
3.1.4 All buyers shall consider short–term and long–term costs in comparing product alternatives, when feasible. This includes evaluation of total costs expected during the time a product is owned, including, but not limited to, acquisition, extended warranties, operation, supplies, maintenance, disposal costs and expected lifetime compared to other alternatives.
3.1.5 Products that are durable, long lasting, reusable, refillable, recyclable or otherwise create less waste shall be selected whenever possible.
3.1.6 The City of Montclair requires vendors to minimize packaging to the greatest extent practicable.
3.1.7 Packaging that is reusable, recyclable or compostable shall be selected when suitable uses and programs exist.
3.1.8 Vendors shall be required whenever possible to take back and reuse pallets and packaging materials.
3.1.9 Suppliers of electronic equipment shall be required to take back equipment for reuse or environmentally safe recycling when the City of Montclair discards or replaces such equipment, whenever possible.
3.1.10 Rechargeable and recyclable batteries shall be purchased and used whenever possible.
3.1.11 All documents shall be printed and copied on both sides to reduce the use and purchase of paper, whenever practical.
3.2 Toxics Reduction and Pollution Prevention
3.2.1 No product or service purchased by the City of Montclair shall contain, emit, or create the following in its use, to the extent practicable:
carcinogens and reproductive toxins,
persistent bioaccumulative toxicants, including lead, mercury, dioxins and furans for example,
compounds toxic to humans or aquatic life, corrosive to the skin or eyes, or that are skin sensitizers, and
substances that contribute to the production of photochemical smog, tropospheric ozone production, or poor indoor air quality.
3.2.2 All cleaning or disinfecting products (i.e. for janitorial or automotive use) shall at a minimum meet Green Seal Standards for environmental preferability and performance, whenever practical.
MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 143 of 158 Exhibit “A” to Resolution No. 24–3460
CITY OF MONTCLAIR EPPP POLICY
3.2.3 Purchasing products containing persistent, bioaccumulative and toxic chemicals (PBTs) shall be avoided, where alternatives exist.
3.2.4 The use of chlorofluorocarbon–containing refrigerants, solvents and other products known to contribute to the depletion of the ozone layer shall be phased out and new purchases shall not contain them.
3.2.5 When maintaining buildings and landscapes, the City of Montclair shall manage pest problems through prevention and physical, mechanical and biological controls and use least toxic chemical pesticide products only after safer approaches or products have been determined to be ineffective. The City of Montclair shall adopt and implement an organic pest management policy and practices, or review and/or revise and further implement the City’s Integrated Pest Management (IPM) policy and practices for indoor and outdoor areas using chemical controls only as a last resort and providing on–going education and training to City staff.
3.2.6 When maintaining buildings, the City of Montclair shall use products with the lowest amount of volatile organic compounds (VOCs), highest recycled content, and low or no formaldehyde when purchasing materials such as paint, carpeting, flooring, adhesives, furniture and casework.
3.2.7 The City of Montclair shall reduce or eliminate its use of products that contribute to the formation of dioxins and furans. This includes, but is not limited to:
Purchasing paper, paper products, and janitorial paper products that are unbleached or that are processed without chlorine or chlorine derivatives, whenever possible, and
Prohibiting purchase of products that contain or are packaged in polyvinyl chloride (PVC) such as, but not limited to, office binders, furniture, carpeting/flooring, other building materials and supplies, and medical supplies whenever practicable.
3.2.8 The City of Montclair shall purchase products and equipment with no lead, cadmium or mercury whenever possible. For products that must contain lead or mercury because no suitable alternative exists, the City of Montclair shall give preference to those products with the lowest quantities of these metals available and to vendors with established lead, cadmium and mercury recovery programs.
3.2.9 When replacing vehicles, the City of Montclair shall lease or purchase only the most fuel–efficient models available that are suitable for each task and through carsharing and carpooling, shall minimize the number of vehicles purchased.
3.2.10 To the extent practicable, the City shall use renewably–derived fuels or fuels that are cleaner and less–polluting than gasoline and convention diesel fuel, including biodiesel, natural gas and electricity.
3.2.11 The purchase of all pentachlorophenol, arsenic and creosote treated wood by the City of Montclair is prohibited.
3.2.12 The City shall avoid purchasing products containing brominated flame retardants (BFRs) wherever possible. In particular, the BFRs "penta" and "octa" will be targeted for phase–out.
3.3 Recycled Content Products
3.3.1 All products purchased for which the United States Environmental Protection Agency (U.S. EPA) has established minimum recycled content standard guidelines shall contain the highest postconsumer content practicable, but no less than the minimum recycled content standards MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 144 of 158 Exhibit “A” to Resolution No. 24–3460
CITY OF MONTCLAIR EPPP POLICY
established by the U.S. EPA Guidelines.
3.3.2 Copiers and printers purchased shall be compatible with the use of recycled content and remanufactured products.
3.3.3 In accordance with California Public Contract Code, Sec. 10409, the City of Montclair shall purchase re–refined lubricating and industrial oil for use in its vehicles and other equipment, as long as it is consistent with the engine manufacturer’s warranty and maintenance requirements.
3.3.4 When specifying asphalt concrete, aggregate base or portland cement concrete for road construction projects, the City of Montclair shall use recycled, reusable or reground materials when practicable and consistent with accepted engineering practices.
3.3.5 The City of Montclair shall specify and purchase recycled content transportation products, including signs, cones, parking stops, delineators, and barricades.
3.3.6 A 10% price preference may be given to recycled content products based on the lowest bid or price quoted by the suppliers offering the competing non–recycled content products.
3.3.7 Paper purchases shall be made consistent with the City’s preference for recycled content and recyclable paper.
3.3.8 All pre–printed recycled content papers intended for distribution that are purchased or produced shall contain a statement that the paper has recycled content. Whenever feasible, the statement should indicate the percentage of postconsumer recycled content it contains
3.4 Energy and Water Savings
3.4.1 New and replacement equipment for lighting, heating, ventilation, refrigeration and air conditioning systems, water consuming fixtures and process equipment and all such components shall meet or exceed Federal Energy Management Program (FEMP) recommended levels, whenever practicable.
3.4.2 All products purchased by the City of Montclair and for which the U. S.
EPA Energy Star certification is available shall meet Energy Star certification, when practicable. When Energy Star labels are not available, products shall meet or exceed the FEMP recommended levels.
3.4.3 When energy is purchased, renewable or green sources are preferred.
These include solar power or photovoltaics, wind power, geothermal, and hydroelectric energy sources and do not include fossil fuels (coal, oil or natural gas).
3.4.4 Demand water heaters shall be purchased whenever practicable. Where renewable forms of energy are unavailable or not practicable, natural gas shall be used in lieu of electricity for space heating and water heating.
3.4.5 Energy Star and power–saving features for copiers, computers, monitors, printers and other office equipment shall be enabled during the initial installation and shall remain enabled unless these features conflict with the manufacturer’s recommended operation and maintenance of the equipment.
MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 145 of 158 Exhibit “A” to Resolution No. 24–3460
CITY OF MONTCLAIR EPPP POLICY
3.5 Green Building – Construction and Renovations
3.5.1 All building and renovations of over 5,000 square feet undertaken by the City of Montclair shall follow Green Building practices for design, construction, and operation, where applicable, as described in the LEEDTM Rating System. All such buildings for which design and construction begins after January 1, 2006 shall meet LEED SilverTM standards. Purchases of products and services shall be made consistent with the City’s Green Building Resolution.
3.6 Landscaping
3.6.1 All landscape renovations, construction and maintenance by the City of Montclair, including workers and contractors providing landscaping services for the City of Montclair, shall employ sustainable landscape management techniques for design, construction and maintenance whenever possible, including, but not limited to, integrated pest management, grasscycling, drip irrigation, composting, and procurement and use of mulch and compost that give preference to those produced from regionally generated plant debris and/or food waste programs.
3.6.2 Plants should be selected to minimize waste by choosing species for purchase that are appropriate to the microclimate, species that can grow to their natural size in the space allotted them, and perennials rather than annuals for color. Native and drought–tolerant plants that require no or minimal watering once established are preferred.
3.6.3 Hardscapes and landscape structures constructed of recycled content materials are encouraged. The City of Montclair shall limit the amount of impervious surfaces in the landscape, wherever practicable. Permeable substitutes, such as permeable asphalt or pavers, are encouraged for walkways, patios and driveways.
3.7 Forest Conservation
3.7.1 To the greatest extent practicable, the City of Montclair shall not procure wood products such as lumber and paper that originate from forests harvested in an environmentally unsustainable manner. When possible, the City of Montclair shall give preference to wood and wood products that are certified to be sustainably harvested by a comprehensive, performance–based certification system. The certification system shall include independent third–party audits, with standards equivalent to, or stricter than, those of the Forest Stewardship Council certification.
3.7.2 The City of Montclair prohibits the purchase and use of virgin redwood for City projects and authorizes the use of previously used or certified sustainably–harvested redwood.
3.8 Agricultural Bio–Based Products
3.8.1 Vehicle and equipment fuels made from non–wood, plant–based contents such as vegetable oils are encouraged whenever practicable.
3.8.2 Paper, paper products and construction products made from non–wood, plant–based contents such as agricultural crops and residues are to be purchased and used whenever practicable.
4.0 PRIORITIES
4.1 The health and safety of people who live and work in Montclair is of utmost importance and takes precedence over all other City policies. All policies and practices shall be protective of the health of children, the elderly and other vulnerable populations, and the greater global community.
MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 146 of 158 Exhibit “A” to Resolution No. 24–3460
CITY OF MONTCLAIR EPPP POLICY
4.2 The City of Montclair has made significant investments in developing a successful recycling system and recognizes that recycled content products are essential to the continuing viability of that recycling system and for the foundation of an environmentally sound production system.
Therefore, to the greatest extent practicable, recycled content shall be included in products that also meet other environmental specifications, such as chlorine free or bio–based.
4.3 Nothing contained in this policy shall be construed as requiring a department, buyer or contractor to procure products that do not perform adequately for their intended use, exclude adequate competition, or are not available at a reasonable price in a reasonable period of time.
4.4 Nothing contained in this policy shall be construed as requiring the City of Montclair, department, buyer or contractor to take any action that conflicts with local, state or federal requirements.
5.0 IMPLEMENTATION
5.1 The Finance Department shall implement this policy in coordination with other appropriate City of Montclair personnel.
5.2 Implementation of this policy will be phased based on available resources and City priorities.
5.3 The Office of Energy and Sustainable Development (ESD) shall advise the Finance Department, or authorized City representative, regarding environmentally preferable products that comply with this policy.
Recommendations will include input of applicable environmental staff.
Whenever possible, the City will use existing eco–labels and standards to make purchasing decisions.
5.4 Successful bidders shall certify in writing that the environmental attributes claimed in formal competitive bids are accurate. In compliance with State law, vendors shall be required to specify the minimum or actual percentage of recovered and postconsumer material in their products, even when such percentages are zero.
5.5 Vendors, contractors and grantees shall comply with applicable sections of this policy for products and services provided to the City of Montclair, where practicable. In particular, vendors, contractors and grantees providing written materials to the City shall do so on recycled content paper meeting minimum standards of the U.S. EPA Guidelines and labeled as such and vendors, contractors and grantees shall be prohibited from using pentachlorophenol, arsenic, and creosote treated wood.
5.6 If the buyer making the selection from competitive bids or the requesting department seek to purchase products that do not meet the environmentally preferable purchasing criteria in this Policy, the buyer or the department shall provide a written justification to the City Manager, or authorized City representative, for why compliance is not practicable, e.g., the product is not technically practical, economically feasible, or available within the timeframe required. The City Manager shall be the authority to approve all contracts that do not require City Council authority or items covered under contracts executed prior to the effective date of this Policy.
5.7 If a vendor that is under contract to the City of Montclair is no longer able to provide a product that meets the City’s environmentally preferable specifications, it shall notify the Finance Department and provide written justification for why compliance is not practical. Prior written consent from the Finance Department, or authorized City representative, shall be required before substituting any alternative product to any City employee.
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CITY OF MONTCLAIR EPPP POLICY
5.8 The Department of Information Technology shall be responsible for setting duplexing as the default on each workstation for all capable printers. This includes printing from network connected or stand–alone personal computer printers that are capable of duplexing.
5.9 Training of buyers and other relevant city staff, vendors, contractors and grantees shall include instruction on the requirements of this Environmentally Preferable Purchasing Policy.
6.0 PROGRAM EVALUATION
6.1 Buyers are to maintain a log of all purchases to track items purchased, purchase prices, vendors used, and frequency of environmentally preferred purchases according to this policy. Logs will be used to analyze purchasing trends and adherence to this policy on an annual basis.
7.0 DEFINITIONS
7.1 “Agricultural Bio–Based Products” means commercial or industrial products (other than food or feed) that utilize agricultural crops or residues but does not include products made from forestry materials.
7.2 “Buyer” means personnel authorized to purchase or contract for purchases on behalf of the City of Montclair or its subdivisions.
7.3 “Chlorine free” means products manufactured or processed without chlorine or chlorine derivatives.
7.4 “Contractor” means any person, group of persons, business, consultant, designing architect, association, partnership, corporation, supplier, vendor or other entity that has a contract with the City of Montclair or serves in a subcontracting capacity with an entity having a contract with the City of Montclair for the provision of goods or services.
7.5 “Dioxins and furans” are a group of chemical compounds that are classified as persistent, bioaccumulative, and toxic (PBT) by the Environmental Protection Agency.
7.6 “Energy Star” means the U.S. EPA’s energy efficiency product labeling program.
7.7 “Energy–Efficient Product” means a product that is in the upper 25% of energy efficiency for all similar products, or that is at least 10% more efficient than the minimum level that meets Federal standards.
7.8 “Federal Energy Management Program” (FEMP) is a program of the Department of Energy that issues a series of Product Energy Efficiency Recommendations that identify recommended efficiency levels for energy– using products.
7.9 The “Forest Stewardship Council” is a global organization that certifies responsible, on–the–ground forest management according to rigorous standards for sustainably harvested forests developed by a broad variety of stakeholder groups.
7.10 “Green Seal” is an independent, non–profit environmental labeling organization. Green Seal standards for products and services meet the U.S. EPA’s criteria for third–party certifiers. The Green Seal is a registered certification mark that may appear only on certified products.
7.11 “Integrated Pest Management (IPM)” is an ecosystem–based strategy that focuses on long–term prevention of pests or their damage through a combination of techniques such as biological control, habitat manipulation, modification of cultural practices, and use of resistant varieties. Pesticides are used only after monitoring indicates they are needed according to established guidelines, and treatments are made MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 148 of 158 Exhibit “A” to Resolution No. 24–3460
CITY OF MONTCLAIR EPPP POLICY
with the goal of removing only the target organism. Least toxic pest control materials are selected and applied in a manner that minimizes risks to human health, beneficial and nontarget organisms, and the environment.
7.12 “LEEDTM Rating System” means the Leadership in Energy & Environmental Design system developed by the U.S. Green Building Council designed for rating new and existing commercial, institutional, and high–rise residential buildings.
7.13 “Organic Pest Management” prohibits the use and application of toxic chemical pesticides and strives to prevent pest problems through the application of natural, organic horticultural and maintenance practices.
All pest control products shall be in keeping with, but not limited to, those products on the approved list of California Certified Organic Foods (CCOF).
7.14 “Persistent Bioaccumulative Toxins” (PBTs) are chemicals and/or pollutants that remain in the environment for a long time (persist) without breaking down, accumulate in the environment and build up in the tissues of humans, fish, and animals (bioaccumulative), and are toxic (causing cancer and other health problems) to living organisms, including humans.
7.15 "Postconsumer Material" means a finished material which would normally be disposed of as a solid waste, having reached its intended end–use and completed its life cycle as a consumer item, and does not include manufacturing or converting wastes.
7.16 “Practical” and “Practicable” mean whenever possible and compatible with local, state and federal law, without reducing safety, quality, or effectiveness and where the product or service is available at a reasonable cost in a reasonable period of time. For energy and water consuming devices, a reasonable cost shall mean that the product has a life–cycle cost that is reasonably similar to the life–cycle costs of other similar products.
7.17 “Preconsumer Material” means material or by–products generated after manufacture of a product is completed but before the product reaches the end–use consumer. Preconsumer material does not include mill and manufacturing trim, scrap, or broke which is generated at a manufacturing site and commonly reused on–site in the same or another manufacturing process.
7.18 “Recovered Material” means fragments of products or finished products of a manufacturing process, which has converted a resource into a commodity of real economic value, and includes preconsumer and postconsumer material but does not include excess resources of the manufacturing process.
7.19 “Recycled Content” means the percentage of recovered material, including preconsumer and postconsumer materials, in a product.
7.20 “Recycled Content Standard” means the minimum level of recovered material and/or postconsumer material necessary for products to qualify as “recycled products.”
7.21 “Recycled Product” means a product that meets the City of Montclair recycled content policy objectives for postconsumer and recovered material.
7.22 “Remanufactured Product” means any product diverted from the supply of discarded materials by refurbishing and marketing said product without substantial change to its original form.
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CITY OF MONTCLAIR EPPP POLICY
7.23 “Reused Product” means any product designed to be used many times for the same or other purposes without additional processing except for specific requirements such as cleaning, painting or minor repairs.
7.24 “Source Reduction” refers to products that result in a net reduction in the generation of waste compared to their previous or alternate version and includes durable, reusable and remanufactured products; products with no, or reduced, toxic constituents; and products marketed with no, or reduced, packaging.
7.25 “U.S. EPA Guidelines” means the Comprehensive Procurement Guidelines established by the U.S. Environmental Protection Agency for federal agency purchases as of May 2002 and any subsequent versions adopted.
8.0 EFFECTIVE DATES
8.1 This policy shall take effect on November 4, 2024.
MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 150 of 158 Personnel Committee Minutes – October 21, 2024 Page 1 of 1
MINUTES OF THE MEETING OF THE MONTCLAIR
PERSONNEL COMMITTEE HELD ON MONDAY,
OCTOBER 21, 2024, AT 6:03 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 6:03 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 October 7, 2024.
Moved by Council Member Ruh, seconded by Mayor Pro Tem
Johnson, and carried unanimously to approve the minutes of the Personnel Committee meeting on October 7, 2024.
IV. PUBLIC COMMENT – None
V. CLOSED SESSION
At 6:04 p.m., the Personnel Committee went into Closed Session regarding personnel matters related to appointments, resignations/ terminations, and evaluations of employee performance.
At 6:08 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 6:08 p.m., Mayor Pro Tem Johnson adjourned the Personnel Committee.
Submitted for Personnel Committee approval,
Edward C. Starr
City Manager
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PENDING
APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes — October 21, 2024 Page 1 of 7
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.
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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.
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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.
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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.
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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.
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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 MONTCLAIR CITY COUNCIL MEETING – 11/04/2024 Page 157 of 158
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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
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