Minutes — Montclair City Council, December 16, 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, DECEMBER 16, 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
Vicki Brobeck, Police Department Chaplain, 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. Community Activities Commission Presentation of 2024 Holiday Home Decoration Contest Winners
Community Activities Commission (CAC) Chair Escalante announced the winners of the City of Montclair’s 26th Annual Holiday Home Decoration Contest. Of the 18 nominations received, the CAC selected three winners, as follows:
 Christmas Magic: The Rodriguez Family, 5045 Kingsley Ave.  Magic Musical Light: The Murray Family, 9015 Helena Ave.  Bright Lights of Christmas: The Palanco Family, 9091 Ramona Ave Mayor Dutrey and City Council presented the winning families with Award Certificates and gift cards to Montclair restaurants.

B. Recognition of Fire Chief David Pohl Upon his Retirement after 34 Years with the City of Montclair Fire Department
Mayor Dutrey and the City Council recognized Fire Chief David Pohl for his retirement after 34 years with the City of Montclair Fire Department.

C. Recognition of Tenice Johnson for Six Years of Dedicated Service to the City of Montclair on the City Council
Mayor Dutrey and the City Council recognized Tenice Johnson for her service to the City of Montclair as a member of the City Council since February 2019, and presented her with a Montclair logo statue and framed certificate. She was also recognized with certificates by the offices of U.S. Representative (CA–35) Norma Torres, Assembly Member Michelle Rodriguez, and San Bernardino County Fourth District Supervisor Curt Hagman, as well as the Women’s Club of Montclair.

At 7:45 p.m., Mayor Dutrey called for a brief recess.

VI. PUBLIC COMMENT
 Philip Costas spoke in support of Council Member Lopez and of the upcoming Trump Administration’s agenda for the country.  Carolyn Raft commented on Mayor Pro Tem Johnson’s commendable service on the City Council.

VII. PUBLIC HEARINGS
A. Second Reading – Consider Adoption of Ordinance No. 24–1009 Repealing the North Montclair Specific Plan and Adopting the Arrow Highway Mixed–Use Specific Plan (2024– 55)
Second Reading – Consider Adoption of Ordinance No. 24– 1010 Adopting the Montclair Corridors Code, Amending Portions of Title 11 (Zoning and Development) of the Montclair Municipal Code; Repealing the Holt Boulevard Specific Plan and the Montclair Parkway Place Specific Plan; and Updating the Official Zoning Map of the City of Montclair
Mayor Dutrey opened the public hearing in relation to Ordinance Nos. 24–1009 and 24–1010 and invited comments from the public.

Bruce Culp, resident, applauded staff for all their efforts and involvement in the General Plan and urged the City Council to vote in favor of this item.

There being no one else in the audience wishing to speak, Mayor Dutrey closed the public hearing and returned the matter to the City Council for consideration.

Mayor Dutrey announced each Ordinance would be considered by the City Council separately, beginning with Ordinance No. 24–1009.

ACTION – Public Hearings – Item A – Ordinance No. 24–1009 ACTING: City Council
MOTION: Conduct the second reading of Ordinance No. 24–1009 repealing the North Montclair Specific Plan and adopting the Arrow Highway Mixed–Use Specific Plan (2024–55).

MADE BY:

SECOND BY:

Mayor Dutrey
Mayor Pro Tem Johnson
AYES:

NOES:

ABSTAIN:

ABSENT:

Martinez, Johnson, Dutrey
Lopez, Ruh
None
None
RESULT: Motion carried 3–2 (Lopez and Ruh opposed).

Mayor Dutrey advised the City Council would now consider and discuss Ordinance No. 24–1010.

Council Member Ruh stated he disagrees with incorporating bike lanes on main thoroughfares, as he feels they are not often used or needed in Montclair.

Council Member Lopez stated that he believes staff will rely heavily on the Corridors Code when developing capital improvements and approving new development plans, and as a result may include or encourage certain aspects he would not agree with, such as the narrowing of streets. He added the Corridors Code implements zoning changes that restrict property owners and proposes the narrowing of Arrow Highway and Monte Vista Avenue.

City Manager Starr advised the Code does not propose narrowing streets, but instead allows for the inclusion of bicycle lanes and the widening of roads.

Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – December 16, 2024 Page 3 of 10 Kaizer Rangwala, President, Rangwala Associates, advised the Corridors Code may be revised by the City Council on a periodic basis as the needs of the community change.

Mayor Pro Tem Johnson noted that this is a long–term plan to develop and improve the community; therefore, the main objective should be looking out for future generations rather than basing decisions on personal privilege and preferences.

ACTION – Public Hearings – Item A – Ordinance No. 24–1010 ACTING: City Council
MOTION: Conduct the second reading of Ordinance No. 24–1010 adopting the Montclair Corridors Code, amending
portions of Title 11 (Zoning and Development) of the
Montclair Municipal Code; repealing the Holt Boulevard
Specific Plan and the Montclair Parkway Place Specific
Plan; and updating the Official Zoning Map of the City of Montclair.

MADE BY:

SECOND BY:

Mayor Dutrey
Mayor Pro Tem Johnson
AYES:

NOES:

ABSTAIN:

ABSENT:

Martinez, Johnson, Dutrey
Lopez, Ruh
None
None
RESULT: Motion carried 3–2 (Lopez and Ruh opposed).

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: C–1 and C–2
MOTION: Pull Item C–2; and approve the remainder of the Consent Calendar, as presented.

MADE BY:

SECOND BY:

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

NOES:

ABSTAIN:

ABSENT:

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

B. Administrative Reports

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

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 5–0.

3. Consider Receiving and Filing SA Treasurer’s Report – November 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 – November 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 – November 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 – November 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 – November 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 – November 2024
ACTION – Consent Calendar – Item B–8
ACTING: Montclair Housing Authority Commissioners
RESULT: Approved on Consent Calendar; motion carried 5–0.

9. Consider Approval of the Filing of a Notice of Completion with the San Bernardino County Recorder’s Office for the Sunset Park Beautification Project Constructed by Pub
Construction, Inc.

Consider Authorizing Release of Retention 30 Days after Recordation of Notice of Completion, Reduction of Faithfull Performance Bond to Ten Percent, and Release of Payment Bond after Nine Months
ACTION – Consent Calendar – Item B–9
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

10. Consider Approval of the Filing of a Notice of Completion with the San Bernardino County Recorder’s Office for the Arrow Highway and Fremont Avenue Improvement Project
Constructed by Gentry Brothers, Inc.

Consider Authorizing Release of Retention 30 Days after Recordation of Notice of Completion, Reduction of Faithfull Performance Bond to Ten Percent, and Release of Payment Bond after Nine Months
ACTION – Consent Calendar – Item B–10
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

11. Consider Approval of Tract Map No. 20656 for Property Located on the South Side of Mission Boulevard and West of Monte Vista Avenue
Consider Authorizing Tract Map No. 20656 to be Recorded with the San Bernardino County Recorder’s Office, Subject to Final Approval by the City Engineer
ACTION – Consent Calendar – Item B–11
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

12. Consider Receiving and Filing Fiscal Year 2023–24 Annual Reports for Community Facilities District Nos. 2011–1
(Paseos/Alexan) and 2011–2 (Arrow Station)
ACTION – Consent Calendar – Item B–12
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

13. Consider Approval of the Purchase of Items for the 2025 Montclair to College Graduation Ceremony
ACTION – Consent Calendar – Item B–13
ACTING: Montclair Community Foundation Board
RESULT: Approved on Consent Calendar; motion carried 5–0.

1. Consider Approval of Agreement No. 24–58, a Memorandum of Understanding with the Montclair City Confidential
Employees’ Association for the Period of July 1, 2024, to June 30, 2025
Consider Approval of Agreement No. 24–93, a Memorandum
of Understanding with Teamsters Local 1932 for the Period of July 1, 2024, to June 30, 2026
Consider Approval of Agreement No. 24–94, the Labor
Agreement for Management (Nonsafety and Safety)
Employees Regarding the Terms and Conditions of
Employment for the Period of July 1, 2024, to June 30, 2025 Consider Approval of Agreement No. 24–95, the Labor
Agreement for Executive Management Employees Regarding
the Terms and Conditions of Employment for the Period of July 1, 2024, to June 30, 2025
Consider Approving the Transfer of the Appropriate
Additional Compensation from the Personnel Adjustment
Reserve Fund to the General Operating Fund
Council Member Lopez received clarification that, although the terms of the MOUs began July 1, 2024, each group consented to the changes that became effective upon approval by the Personnel Committee; the City Council is now proceeding to approve the updated MOUs that incorporate the changes.

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

D. Resolutions

1. Consider Adoption of Resolution No. 24–3465 Certifying the Updated Sewer System Management Plan
ACTION – Consent Calendar – Item D–1
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

2. Consider Adoption of Resolution No. 24–3467 Authorizing Salaries and Classification Titles for City Employees on a Consolidated Salary Schedule
ACTION – Consent Calendar – Item D–2
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

2. Consider Approval of Agreement No. 24–92 with Blais & Associates, Inc. for Grant Writing Services
Consider Authorizing $100,000 Appropriation from the
Contingency Reserve Fund for Costs Related to Agreement No. 24–92
Council Member Lopez stated he will abstain from voting, as he works foe a competitor of Blais & Associates, Inc.

ACTION – Consent Calendar – Item C–2
ACTING: City Council
MOTION: Approved Item C-2
MADE BY:

SECOND BY:

Mayor Pro Tem Johnson
Council Member Ruh
AYES:

NOES:

ABSTAIN:

ABSENT:

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

X. COMMUNICATIONS
A. Department Reports — None
B. City Attorney
City Attorney Robbins wished the Montclair community a Merry Christmas and Happy New Year and congratulated Fire Chief Pohl on his retirement.

C. City Manager/Executive Director
City Manager Starr extended his gratitude to Mayor Pro Tem Johnson and Fire Chief Pohl and wished them well as they transition from their roles with the City. He also congratulated Acting Fire Chief Dierck upon assuming his new role.

D. Mayor/Chairperson
Mayor/Chair Dutrey announced there would be an unscheduled vacancy on the Planning Commission upon the swearing–in of Council Member–Elect Mendez. He complimented staff on the Tree Lighting Ceremony and Dashing through Montclair events, and sent warm wishes to the Montclair community for the upcoming holidays.

E. Council Members/Directors

1. Council Member/Director Ruh commented on the City’s holiday events and wished everyone a Merry Christmas and Happy New Year.

2. Council Member/Director Lopez congratulated Fire Chief Pohl on his retirement, and Mayor Pro Tem Johnson for her term on the City Council. He also thanked staff for all their hard work during the holidays, and wished everyone a Merry Christmas.

3. Council Member/Director Martinez wished everyone Happy Holidays and congratulated Fire Chief Pohl and Mayor Pro Tem Johnson.

4. Mayor Pro Tem/Vice Chair Johnson commended her colleagues and family for their support and overwhelming recognition and expressed excitement to spend more time with her family; and wished everyone Happy Holidays.

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

1. Personnel Committee – December 2, 2024
XIII. ADJOURNMENT
Mayor Dutrey proposed adjourning the City Council and continuing the remainder of the agenda to the following evening for the swearing–in of the newly elected and re–elected Council Members, followed by a celebratory reception in the lobby.

ACTION — ADJOURN TO TUESDAY, DECEMBER 17, 2024, AT 6:00 P.M.

ACTING: City Council
MOTION: Adjourn to Tuesday, December 17, 2024, at 6:00 p.m. in the City Council Chambers, to consider remaining items on the agenda.

MADE BY:

SECOND BY:

Mayor Dutrey
Mayor Pro Tem Johnson
AYES:

NOES:

ABSTAIN:

ABSENT:

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

At 9:15 p.m., the Successor Agency Board, Montclair Housing Corporation Board, Montclair Housing Authority Commission, and Montclair Community Foundation Board were adjourned.

At 9:15 p.m. the City Council was adjourned to Tuesday, December 17, 2024, at 6:00 p.m. in the City Council Chambers.

Submitted for City Council/Successor Agency Board/Montclair Housing Corporation Board/ Montclair Housing Authority
Commission/Montclair Community Foundation Board approval, Andrea Myrick,
City Clerk
Minutes of the adjourned meeting of the City Council on Tuesday, December 17, 2024, at 6:00 p.m., begin on the following page.

MINUTES OF THE ADJOURNED REGULAR MEETING OF THE
MONTCLAIR CITY COUNCIL HELD ON TUESDAY, DECEMBER 17
2024, AT 6:00 P.M. IN THE CITY COUNCIL CHAMBERS, 5111

BENITO STREET, MONTCLAIR, CALIFORNIA
I. CALL TO ORDER
Mayor Dutrey asked Mayor Pro Tem Johnson to open the meeting.

Mayor Pro Tem Johnson called the adjourned regular meeting of the City Council to order at 6:00 p.m.

IV. ROLL CALL

Present: Mayor/Chair Dutrey; Mayor Pro Tem/Vice Chair Johnson; Council Members/Directors Ruh, Martinez, and Lopez
XI. BUSINESS ITEMS
A. Consider Adoption of Resolution No. 24–3466 Reciting the Fact of the General Municipal Election Held on Tuesday, November 5, 2024, Declaring the Results and Other Such Matters as Provided by Law ACTION – BUSINESS ITEMS – Item A
ACTING: City Council
MOTION: Adopt Resolution No. 24–3466.

MADE BY:

SECOND BY:

Council Member Ruh
Mayor Dutrey
AYES:

NOES:

ABSTAIN:

ABSENT:

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

XII. SWEARING–IN OF ELECTED AND RE–ELECTED MEMBERS OF THE CITY

COUNCIL
Marco Tule, Inland Empire Utilities Agency (IEUA) Board President, administered a ceremonial Oath of Office to Council Member Lopez.

Mike Mendez administered a ceremonial Oath of Office to Council Member Mendez.

Council Member Lopez expressed his gratitude to IEUA Board President Tulle, along with his parents, extended family, friends, and supporters.

He addressed the negative advertising campaign opposing his re-election, recommended that the City reconsider its lawsuit against him, and congratulated Council Member Mendez on his election.

Council Member Mendez expressed his gratitude to the City Council for their warm welcomes, as well as to the Planning Commissioners and staff for their support. He extended his appreciation to his family, friends, and voters for their contributions to his election. Additionally, he thanked his brother, Mike Mendez, for swearing him in to office.

Mayor Dutrey pointed out that there are three Council Members who attended Montclair High School: himself, Council Member Ruh, and newly elected Council Member Mendez.

Council Member Martinez congratulated Council Members Lopez and Mendez, and looks forward to working with them on the City Council.

Council Member Ruh congratulated both Council Members, noting their families have deep roots in the community.

Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – December 16, 2024 Page 10 of 10 XIII. SELECTION OF MAYOR PRO TEM
Mayor Dutrey nominated Council Member Martinez to serve as Mayor Pro Tem, noting he has been following a rotation by seniority. There were no other nominations made.

ACTION – SELECTION OF MAYOR PRO TEM
ACTING: City Council
MOTION: Appoint Council Member Martinez to serve as Mayor Pro Tem for a term of two–years.

MADE BY:

SECOND BY:

Mayor Dutrey
Council Member Lopez
AYES:

NOES:

ABSTAIN:

ABSENT:

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

XIII. ADJOURNMENT
At 6:33 p.m., the City Council was adjourned.

Submitted for City Council approval,
Andrea Myrick,
City Clerk

Montclair City CouncilDecember 16, 2024

Montclair City Council
December 16, 2024