Agenda packet — Montclair City Council, February 3, 2025

CITY OF MONTCLAIR

CITY COUNCIL

SUCCESSOR REDEVELOPMENT AGENCY,

MONTCLAIR HOUSING CORPORATION, MONTCLAIR

HOUSING AUTHORITY, AND MONTCLAIR COMMUNITY

FOUNDATION MEETINGS

AGENDA PACKET
Monday, February 3, 2025
7:00 p.m.

Montclair City Council Chambers
5111 Benito Street
Montclair, CA 91763
Mayor
Javier “John” Dutrey
Mayor Pro Tem
Corysa Martinez
Council Members
Bill Ruh
Ben Lopez
Xavier Mendez
City Manager
Edward C. Starr
City Attorney
Diane E. Robbins
City Clerk
Andrea M. Myrick

REGULAR JOINT MEETING OF THE

CITY COUNCIL, SUCCESSOR AGENCY, MONTCLAIR HOUSING CORPORATION,

MONTCLAIR HOUSING AUTHORITY, AND MONTCLAIR COMMUNITY FOUNDATION to be held in the Council Chambers
5111 Benito Street, Montclair, California
Monday, February 3, 2025
7:00 p.m.

If you want to provide comments on an agenda item, including public hearing and closed session items, please complete a Speaker Card located in the Council Chambers. The Mayor/Chair (or the meeting’s Presiding Officer) will call on those who submitted requests to speak at the appropriate times during the meeting. Written comments (200–word limit per agenda item, and 200–word limit for all non–agenda items combined) can also be emailed to [email protected] at least one hour before the meeting begins.

Watch Council meetings live on the City’s official YouTube Channel at https://www.youtube.com/@cityofmontclair, or via Zoom using the following information: Zoom Link: https://zoom.us/j/93717150550 / Dial Number: 1 (669) 900–6833 / Meeting ID: 937–1715–0550.

Video recordings of Council meetings are available on the City’s website and can be accessed by the end of the business day following the meeting at https://www.cityofmontclair.org/council–meetings/.

AGENDA
I. CALL TO ORDER City Council [CC], Successor Agency Board [SA], Montclair Housing Corporation Board [MHC],
Montclair Housing Authority Commission [MHA],
Montclair Community Foundation Board [MCF]
II. INVOCATION
In keeping with our long–standing tradition of opening our Council meetings with an invocation, this meeting may include a nonsectarian invocation. Such invocations are not intended to proselytize or advance any faith or belief or to disparage any faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation.

III. PLEDGE OF ALLEGIANCE
IV. ROLL CALL
V. PRESENTATIONS — None
VI. PUBLIC COMMENT
During Public Comment, you may comment on any subject that does not appear on this agenda. Each speaker has up to five minutes. The meeting’s presiding officer may provide more or less time to accommodate speakers with special needs or a large number of speakers waiting in line. (Government Code Section 54954.3).

Under the provisions of the Brown Act, the meeting bodies are prohibited from participating in substantial discussion of or taking action on items not listed on the agenda.

VII. PUBLIC HEARINGS — None
VIII. CONSENT CALENDAR
A. Approval of Minutes

1. Regular Joint Meeting — December 16, 2024 [CC/SA/MHC/MHA/MCF] 33 B. Administrative Reports

1. Consider Approval of Warrant Register & Payroll Documentation [CC] 3

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MONTCLAIR CITY COUNCIL MEETING – 02/03/2025 Page 1 of 42 Page No.

2. Consider Authorizing Staff to Advertise for Bid Proposals for Construction of the Montclair Public Library Renovation Project [CC] 4

3. Consider Authorizing a $120,000 Appropriation from the Federal Asset Forfeiture Fund for Start–Up Costs Related to Rejoining the Swat Team with the Upland Police Department [CC] 9

4. Consider Declaring a 2003 Ford E–450 (Unit 231) and a 2006 Ford Escape Hybrid (Unit 200) as Surplus Vehicles Available for Parts or for Sale at Auction [CC] 11
C. Agreements

1. Consider Approval of Agreement No. 25–08 with the Leary Firefighters Foundation to Accept a $22,989.80 Grant Award for the Purchase of Two Washer/Extractors and Two Dryers for the Fire Department [CC] Consider Authorizing Acting Fire Chief Ryon Dierck to Sign Agreement No. 25–08 [CC] 12

2. Consider Approval of Agreement No. 25–09–I–113 (Case No. 2024–41), an Irrevocable Annexation Agreement with 1012 Land LLC, for a New 7–Lot Subdivision and Development of a 1.97 Acre Site at 4760 Phillips Boulevard, Ontario, CA 91762 (APN 1013–071–18–0000) [CC] 19 D. Resolutions

1. Consider Adoption of Resolution No. 25–3469 Authorizing Placement of Liens on Certain Properties for Delinquent Sewer and Trash Charges [CC] 26 IX. PULLED CONSENT CALENDAR ITEMS
X. COMMUNICATIONS
A. Department Reports — None
B. City Attorney
C. City Manager/Executive Director
D. Mayor/Chairperson

1. Announcement of an Unscheduled Vacancy on the Planning Commission for a Term Ending June 30, 2027
E. Council Members/Directors
F. Committee Meeting Minutes (for informational purposes only)

1. Personnel Committee Meeting — January 21, 2025 [CC] 32 XI. ADJOURNMENT — This meeting will be adjourned in memory of former Montclair Police Chief Roger Moulton (1978–1983).

The next regular joint meeting of the City Council, Successor Agency Board, Montclair Housing Corporation Board, Montclair Housing Authority Commission, and Montclair Community Foundation Board will be held on Tuesday, February 18, 2025 at 7:00 p.m.

Reports, backup materials, and additional materials related to any item on this Agenda distributed to the meeting bodies after publication of the Agenda packet are available for public inspection in the Office of the City Clerk between 7:00 a.m. and 6:00 p.m., Monday through Thursday. Please call the City Clerk’s Office at (909) 625–9416 or send an e–mail to [email protected] to request documents via e–mail.

If you need special assistance to participate in this meeting, call the City Clerk’s Office at (909) 625–9416 or e–mail [email protected]. Notification prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35.102–35.104 ADA Title II) I, Andrea M. Myrick, City Clerk, hereby certify that I posted, or caused to be posted, a copy of this Agenda not less than 72 hours prior to this meeting on the City’s website at https://www.cityofmontclair.org/agendas/ and on the bulletin board adjacent to the north door of Montclair City Hall at 5111 Benito Street, Montclair, CA 91763 on Thursday, January 30, 2025.

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MONTCLAIR CITY COUNCIL MEETING – 02/03/2025 Page 2 of 42

CITY COUNCIL

AGENDA REPORT
DATE: FEBRUARY 3, 2025
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 1
FILE I.D.: FIN540
DEPT.: FINANCE
PREPARER: A. VONG/V. FLORES
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTER AND PAYROLL DOCUMENTATION REASON FOR CONSIDERATION: The City Council is requested to consider approval of the Warrant Register and Payroll Documentation.

BACKGROUND: Mayor Pro Tem Martinez has examined the Warrant Register dated February 3, 2025, and the Payroll Documentation dated January 12, 2025, and recommends their approval.

FISCAL IMPACT: The Warrant Register dated February 3, 2025, totals $1,819,794.31.

The Payroll Documentation dated January 12, 2025, totals $824,400.81 gross, with $576,456.02 net being the total cash disbursement.

RECOMMENDATION: Staff recommends the City Council approve the above–referenced Warrant Register and Payroll Documentation.

MONTCLAIR CITY COUNCIL MEETING – 02/03/2025 Page 3 of 42

CITY COUNCIL

AGENDA REPORT
DATE: FEBRUARY 3, 2025
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 2
FILE I.D.: CVC025/CVC050
DEPT.: PUBLIC WORKS
PREPARER: C. STEVENSON
SUBJECT: CONSIDER AUTHORIZING STAFF TO ADVERTISE FOR BID PROPOSALS FOR

CONSTRUCTION OF THE MONTCLAIR PUBLIC LIBRARY RENOVATION PROJECT REASON FOR CONSIDERATION: The City Council is requested to consider authorizing staff to advertise for bid proposals for construction of the Montclair Public Library Renovation Project. Authorization to advertise for bid proposals for Public Works projects is subject to City Council approval.

BACKGROUND: On July 17, 2023, the City Council approved Agreement No. 23–46 with BFK Architecture + Planning for engineering and architectural design services for the Montclair Branch Public Library Restrooms, Courtyard, and Fire Stations Remodel Project.

The original project has been split into two separate projects, one for the library building and another for the fire stations. The project for the fire stations is still under design and is not part of the plans and specifications for the library improvements. An Americans with Disabilities Act (ADA) assessment report is required for the fire stations, and an elevator may be required based on the proposed improvements at Fire Station 151. This analysis must be completed before finalizing the plans and specifications for Fire Stations 151 and 152.

The improvements contained in the Montclair Public Library Renovation Project include constructing additional restrooms near the courtyard alongside a newly remodeled outdoor reading area for library users. The existing restrooms will be renovated to comply with ADA and accessible to staff only. Additional improvements include installation and maintenance of emergency lighting throughout the building and construction of a new ADA–accessible concrete pathway near the library entrance.

Once staff reviews the bids received, the City Council will be requested to award a contract to the lowest responsive, responsible bidder, and authorize the allocation of funds for construction of the Montclair Public Library Renovation Project. Construction of the Project is estimated at $450,000 and is expected to begin in April 2025 and be completed by the end of August.

FISCAL IMPACT: The Montclair Public Library Renovation Project will be funded from the Lease Revenue Bonds Fund. The cost to advertise this project for bid proposals should not exceed $3,500.

RECOMMENDATION: Staff recommends that the City Council authorize staff to advertise for bid proposals for construction of the Montclair Public Library Renovation Project.

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New Landscape, Irrigation, Paving,
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Existing Office Renovations
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MONTCLAIR CITY COUNCIL MEETING – 02/03/2025 Page 7 of 42 Current Floor Plan
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MONTCLAIR CITY COUNCIL MEETING – 02/03/2025 Page 8 of 42

CITY COUNCIL

AGENDA REPORT
DATE: FEBRUARY 3, 2025
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 3
FILE I.D.: PTD175
DEPT.: POLICE
PREPARER: B. KUMANSKI
SUBJECT: CONSIDER AUTHORIZING A $120,000 APPROPRIATION FROM THE FEDERAL ASSET FORFEITURE FUND FOR START–UP COSTS RELATED TO REJOINING THE SWAT TEAM

WITH THE UPLAND POLICE DEPARTMENT
REASON FOR CONSIDERATION: To purchase the necessary equipment and training needed to rejoin the Special Weapons and Tactics (SWAT) Team with the Upland Police Department, the City Council is requested to consider authorizing a $120,000 appropriation from the Federal Asset Forfeiture Fund to pay the start–up costs associated with approved Agreement No. 24–82.

The startup costs associated with rejoining the SWAT Team were reviewed and found acceptable to staff, and are attached for the City Council’s review and consideration.

BACKGROUND: In October 2024, the City Council approved Agreement No. 24–82 authorizing the Montclair Police Department to rejoin the SWAT Team with the Upland Police Department. The costs associated with this Agreement were to come from the Federal Asset Forfeiture Fund 1144 with City Council approval. A list of necessary equipment was obtained from the Upland Police Department, as well as from the San Bernardino County Sheriff’s Department, who provides much of the specialized training.

This list, although comprehensive, is not exhaustive as needs, equipment availability, and tactics are fluid and change over time. In addition, much of the equipment sought is similar, if not the same as what is utilized by the Upland SWAT Team, to ensure compatibility and continuity of training. This equipment includes rifles and suppressors specific to the assignment; body armor and helmets; communications equipment; uniforms and other personal protective equipment, such as gloves, glasses, and gas mask filters; ammunition; and training costs. Many of these items are one–time costs, such as firearms and body armor. All equipment types needed are already authorized in the Department’s Military Equipment Policy and no new military equipment types are being sought at this time.

An initial estimate of $120,000 was determined to be sufficient to cover all associated startup costs for the SWAT Team. This was determined through review of typical retail costs of the sought equipment and estimates for ammunition and training. Since the estimates are for full retail costs, it is expected the actual final costs will be less than what is being sought for authorization.

FISCAL IMPACT: If authorized by the City Council, the purchase of necessary equipment and training for rejoining the SWAT Team with the Upland Police Department would result in an appropriation of $120,000 from Federal Asset Forfeiture Fund 1144.

RECOMMENDATION: Staff recommends the City Council authorize a $120,000 appropriation from the Federal Asset Forfeiture Fund for start–up costs related to rejoining the SWAT Team with the Upland Police Department.

MONTCLAIR CITY COUNCIL MEETING – 02/03/2025 Page 9 of 42

SWAT STARTUP COST ESTIMATES
Commander school (one lieutenant): $2,300.00
Breeching for managers/supervisors (one Lt. and one Sgt.): $3,000.00 SWAT School: $4,000.00
Super Duty MOD1 SBR, 10.3" (x7): $18,000.00
HUXWRX FLOW 5.56K Suppressor (x7): $11,000.00
AR Magazines (15 each x7): $2,500.00
Rifle accessories (sling, grip, optic, light, etc.) (x7): $8,500.00 Ammo (training and SWAT school): $12,000.00
Helmets (x7): $11,000.00
Ears/Comms. (x7): $14,000.00
Armor/Vest carrier & accessories (x7): $18,000.00
Uniforms (First Tactical/Solomon boots) (2 ea. x7): $9,000.00 Unknown costs (small equipment/parts/other unknowns): $5,000.00 $118,300.00
MONTCLAIR CITY COUNCIL MEETING – 02/03/2025 Page 10 of 42

CITY COUNCIL

AGENDA REPORT
DATE: FEBRUARY 3, 2025
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 4
FILE I.D.: VEH125
DEPT.: HUMAN SVCS.

PREPARER: A. COLUNGA
SUBJECT: CONSIDER DECLARING A 2003 FORD E–450 (UNIT 231) AND A 2006 FORD ESCAPE HYBRID (UNIT 200) AS SURPLUS VEHICLES AVAILABLE FOR PARTS OR FOR SALE AT

AUCTION
REASON FOR CONSIDERATION: The City Council is requested to consider declaring a 2003 Ford E-450 (Unit 231) and a 2006 Ford Escape Hybrid (Unit 200) as surplus vehicles available for parts or for sale at auction.

BACKGROUND: The 2003 Ford E-450 (Unit 231) is out of commission due to the need of continuous repairs and frequent breakdowns. Unit 231 is used as our back-up Golden Express Bus and has become unreliable, leaving the driver and passengers stranded on multiple occasions. Further, Unit 231 will not pass a smog check due to a CNG pressure sensor that is no longer available for purchase thus causing the check engine light to stay on.

Year and Model Unit No. Mileage VIN Estimated Value
2003 Ford E-450 231 172,124 1FDXE45M03HB54275 $6,000
The 2006 Ford Escape Hybrid (Unit 200) is no longer in service in the Human Services Department. The primary reason for replacement is the hybrid battery has failed requires replacement. A new hybrid battery for this model vehicle is no longer available and a refurbished battery is available for approximately $3,000. In addition there is internal interior wear and tear on the vehicle.

Year and Model Unit No. Mileage VIN Estimated Value
2006 Ford Escape
Hybrid 200 82,252 1FMYU95H16KB36432 $4,500
FISCAL IMPACT: Staff estimates the City could receive up to $10,500 dollars for declaring Units 231 and 200 as a surplus and selling the vehicles at auction.

RECOMMENDATION: Staff recommends the City Council declare a 2003 Ford E–450 (Unit 231) and a 2006 Ford Escape Hybrid (Unit 200) as surplus vehicles available for parts or for sale at auction.

MONTCLAIR CITY COUNCIL MEETING – 02/03/2025 Page 11 of 42

CITY COUNCIL

AGENDA REPORT
DATE: FEBRUARY 3, 2025
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 1
FILE I.D.: FRD220/GRT115
DEPT.: FIRE
PREPARER: R. DIERCK/A. COLUNGA
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 25–08 WITH THE LEARY FIREFIGHTERS FOUNDATION TO ACCEPT A $22,989.80 GRANT AWARD FOR THE PURCHASE OF

TWO WASHER/EXTRACTORS AND TWO DRYERS FOR THE FIRE DEPARTMENT

CONSIDER AUTHORIZING ACTING FIRE CHIEF RYON DIERCK TO SIGN AGREEMENT NO. 25–08
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 25–08 with the Leary Firefighters Foundation to accept a $22,989.80 grant award for the purchase of two washer/extractors and two dryers, used for sanitizing reusable personal protective equipment (PPE), for the Fire Department; and authorizing Acting Fire Chief Ryon Dierck to sign Agreement No. 25–08.

BACKGROUND: The Leary Firefighters Foundation is a 501(c)(3) non–profit organization dedicated to supporting fire departments through providing grants for training, equipment, and technology. Their mission is to ensure that fire departments are equipped with the highest quality resources to safeguard the health and safety of firefighters and, by extension, the communities they serve.

Currently, the Montclair Fire Department is relying on outdated turnout washers/ extractors and dryers, which are essential for cleaning and maintaining the effectiveness and integrity of the Department’s PPE. Currently, Fire Station 151 is the only station with a functioning unit, which provides service to both stations. In order to wash turnouts, the crews at Fire Station 152 must drive up to the station.

Furthermore, industry standards established through the National Fire Protection Agency (NFPA 1971 and 1851) provide recommendations for the washing of Firefighter turnouts.

Incidence of cancer is at an all–time high due to current synthetic building materials and their resulting products of combustion becoming increasingly hazardous. Modern structural firefighting tactics require our Firefighters to enter hazardous environments subjecting them to large quantities of both smoke and fire. Due to PPE absorbing these products of combustion, they must be laundered properly in order to reduce the likelihood of secondary contamination such as lung and skin absorption.

The Fire Department worked with Human Services Staff to apply for funding for new equipment. In August 2024, the City submitted a letter of inquiry to the Leary Firefighters Foundation requesting funding for the washer/extractors and dryers. Soon after, the City was invited to submit a full application for funding. In December 2024, the Leary Firefighters Foundation announced that the Montclair Fire Department was awarded its full request to purchase two new washer/extractors and two new dryers. Acquiring these washing extractor/dryer units will ensure cleanliness of PPE and reduce exposure to our firefighters, improving both longevity and safety of our personnel.

MONTCLAIR CITY COUNCIL MEETING – 02/03/2025 Page 12 of 42 FISCAL IMPACT: There will be no direct negative fiscal impact on the general fund as a result of the approval of Agreement No. 25–08. The Leary Firefighters Foundation is providing a $22,989.80 award for the purchase of two washer/extractors and two dryers for PPE for the Fire Department. The term of Agreement No. 25–08 is from January 13, 2025, through December 31, 2030.

RECOMMENDATION: Staff recommends the City Council take the following actions:

1. Approve Agreement No. 25–08 with the Leary Firefighters Foundation to accept a $22.989.80 grant award for the purchase of two washer/extractors and two dryers for the Fire Department; and

2. Authorize Acting Fire Chief Ryon Dierck to sign Agreement No. 25–08.

MONTCLAIR CITY COUNCIL MEETING – 02/03/2025 Page 13 of 42 1 1/8/2025
2024 LEARY FIREFIGHTERS FOUNDATION

GRANT AGREEMENT
This Grant Agreement (the “Agreement”) is made and entered into on 1/13/2025 (the “Execution Date”) by and among The Leary Firefighters Foundation, a nonprofit corporation (“Foundation”), and the Montclair Fire Department, a Fire Department (“Grantee”) or, with reference to the following:

I. RECITALS

1. The Foundation is a nonprofit organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the “Code”).

2. Grantee is a fire department providing fire, emergency, and rescue services in Montclair, California to which contributions are deductible under Code Section 170(c)(1).

3. The Foundation desires to purchase, on behalf of Grantee, Washer Extractor / Dryer at a cost of approximately $22989.8.

NOW THEREFORE, the Foundation and Grantee hereby agree as follows:

II. TERMS AND CONDITIONS OF THE AGREEMENT
The terms and conditions of this Agreement are as follows:

1. Grant. Subject to satisfaction of the terms, conditions and all other requirements set forth in this Agreement, the Foundation hereby pledges to purchase on behalf of and for the benefit of Grantee the following equipment or training (the “Equipment”): Washer Extractor / Dryer (the “Grant Purpose”) at the estimated cost of $22989.8 (the “Grant”). In the event the actual cost of the Equipment exceeds the Grant amount by more than five percent (5%), the Foundation may, in its sole and absolute discretion, terminate this Agreement and have no further obligation whatsoever to Grantee. The Grant shall only be used for the Grant Purpose, and no amount of the Grant may be applied for any other use or purpose without the prior written consent of the Foundation, in its sole and absolute discretion. Such Grant shall be paid directly to the vendor of the Equipment. Whenever possible, upon purchase of the Equipment, title to the Equipment shall be vested directly in the name of Grantee.Termination of Grant.

Upon the occurrence of any one of the events listed below (a “Grant Termination Event”), the Foundation shall not be obligated to make any further payments of the Grant or purchase of the Equipment, and (ii) the Foundation may demand that Grantee return the Equipment to the Foundation: The Grant Termination Events are as follows:Grant funds are applied for purposes not permitted under Section 3 of this Agreement.
(b) Grantee is in material breach of any provision of this Agreement. (c) Grantee ceases to be described in Code Section 170(c)(1).

MONTCLAIR CITY COUNCIL MEETING – 02/03/2025 Page 14 of 42 2 1/8/2025

3. Sole Purpose of Grant. All parties hereto understand and agree that the Grant shall only be used for the Grant Purpose as contemplated by this Agreement. Use of any portion of the Grant for any other purposes must have the prior written approval of the Foundation.

Without limiting the foregoing, Grantee agrees that the Grant will not be used for any of the following purposes: (i) to attempt to influence legislation or attempt to influence the outcome of any specific election, including conducting, directly or indirectly, any voter registration drive; (ii) to make grants to individuals or to other organizations; or (iii) to undertake any activity other than for charitable purposes within the meaning of Code Section l70(c)(2)(B). Maintenance of Equipment. Grantee shall maintain the Equipment in good working order over its useful life in accordance with the manufacturer recommendations. In the event the Equipment becomes defective during the applicable warranty period, Grantee shall (i) promptly seek repair or replacement of the Equipment from the manufacturer or vendor, and (ii) Grantee shall notify the Foundation of such defect and the resolution of the defect.Nonliability; Indemnification. Grantee agrees that the Foundation shall have no liability whatsoever for any defect or malfunction in the Equipment or for any direct or indirect loss, damage, claim or cost arising therefrom. Grantee shall indemnify and hold Foundation harmless from and against any claim, loss, liability, or damage (including attorneys’ fees) arising out of, or in connection with, the Equipment and/or the use of the Equipment by Grantee or any other person. Grant Report and Updates. On or around December 1st, 2025, Grantee will receive a questionnaire/survey regarding their grant award, and Grantee is required to complete it within 5 days upon receipt. Grantee shall answer the questionnaire/survey on the use of the Equipment for five (5) years annually thereafter.

Grantee agrees to cooperate and respond to periodic inquiries from the Foundation in its efforts to monitor the use of the Grant.In addition to the above, Grantee agrees to provide photographic updates to the Foundation via email at [email protected] for the follow three occurrences:

1. When you sign the grant agreement, Grantee will send 2 pictures of your firehouse and the members of your department.

2. Upon receipt of your grant award, Grantee will send 3 pictures and 1 short video (~1-3 minutes) of your department using the equipment or participating in a training course. Please include the name of the grant award you received and how it will help better your department.

3. When you complete each annual report, Grantee will send 1-2 pictures and 1 video (1-3 minutes) of your firehouse and the grant award in use.

We encourage introducing yourself, sharing what you were granted, and how the grant will affect your Fire Department and the community you serve. Creativity is welcome, as we love to showcase our grantees on our social media platforms.
b) Content criteria and guidelines:

1. Photos and videos will adhere to The National Fire Protection Association guidelines, and we ask that you submit content that promotes the diversity, professionalism, and grooming standards of the Fire Service.

2. The equipment, training and technology granted through LFF, along with your department members using and interacting with their granted items should be the highlight of your submitted content.

MONTCLAIR CITY COUNCIL MEETING – 02/03/2025 Page 15 of 42 3 1/8/2025

3. Photos and videos must be high resolution, high quality, and well lit. All video and audio must be clear and comprehensible with proper volume.

LFF or its designee can/will provide technical guidance if needed. c) By providing photographs and videos to [email protected], the Grantee hereby gives The Foundation permission to publish such content on its website and social media platforms. The Foundation Social Media team may also reach out on separate occasions to request content for a Grantee Highlight post.

7. Use of Names and Likeness. Notwithstanding anything to the contrary contained herein, Grantee shall not use, publish, disseminate, display or refer in any way to the name, likeness, image or biography of Denis Leary or the name of The Leary Firefighters Foundation or any entity related to Denis Leary or The Leary Firefighters Foundation, including, without limitation, in any contributor lists, solicitation materials, promotional materials, news materials, publicity materials, social media, or commemorative materials created, published or used by Grantee, without express prior written consent of the Foundation, in its sole and absolute discretion. GENERAL PROVISIONS

1. Cumulative Remedies. Notwithstanding any rights or remedies which are set forth in this Agreement, such rights or remedies shall not be exclusive, and the parties hereto shall have any and all rights or remedies available at law or in equity.Additional Documents. Provided the other party is not in default, each party agrees to execute all other instruments, documents, or other papers, and perform all other acts necessary and proper to carry out and consummate the transactions contemplated hereby.New York Law Governs. This Agreement in all respects shall be subject to the laws of the State of New York.Severability. A determination by a court of competent jurisdiction that any provision of this Agreement or any part thereof is illegal or unenforceable shall not cancel or invalidate the remainder of such provision or this Agreement, which shall remain in full force and effect.Valid Existence. Each entity executing this Agreement represents and warrants that such entity is duly organized, validly existing, and in good standing under the laws of the jurisdiction in which it is formed. Authority. Each person executing this Agreement hereby warrants and represents that he or she is duly authorized and empowered by the entity on whose behalf he or she is signing this Agreement to execute and deliver this Agreement as the agreement of said entity and that this Agreement is binding upon such entity in accordance with its terms.Notices. All notices and writings required or permitted under this Agreement shall be mailed, delivered or transmitted by one party to the other party at its notice address provided on the signature pages of this Agreement, and each such notice shall be deemed effective and given: upon receipt if personally delivered; upon receipt if sent by telegram, telex, telecopy or electronic mail; upon receipt or upon the date of first attempted delivery, if sent by certified or registered mail with postage prepaid, return receipt requested, or if sent by Federal Express or other nationally recognized carrier service; or upon receipt if sent in any other way. Any party hereto may from time to time, by written notice to the other, designate a different notice address which shall be substituted for the one specified on the signature pages of this Agreement.Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be a duplicate original. All parties to this Agreement agree that they will each execute a duplicate original of the Agreement as soon as possible upon receipt, and that a copy MONTCLAIR CITY COUNCIL MEETING – 02/03/2025 Page 16 of 42 4 1/8/2025
of each original signature page will be sent via facsimile or electronic transmission to each party immediately after execution.Amendments. This Agreement may be amended only by a written instrument signed by each of the parties hereto.Waivers. The waiver by one party of the performance of any covenant, condition, or promise shall not invalidate this Agreement, nor shall it be considered as a waiver by such party of any other covenant, condition, or promise. The delay in pursuing any remedy or in insisting upon full performance for any breach or failure of any covenant, condition, or promise shall not prevent a party from later pursuing any remedies or insisting upon full performance for the same or any similar breach or failure.Recitals. The Recitals are hereby incorporated into and made part of this Agreement.Attorney’s Fees; Forum.

In the event of any litigation to enforce the provisions of this Agreement, the prevailing party in such litigation shall be entitled to reasonable attorneys’ fees as fixed by the court. Any litigation to enforce or interpret the provisions of this Agreement or the parties’ rights and liabilities arising out of this Agreement or the performance hereunder shall be maintained only in the courts located in New York, New York.

IN WITNESS WHEREOF, the parties have executed and delivered this Agreement as of the date set forth above.

THE LEARY FIREFIGHTERS FOUNDATION
Dated: ______________________ By: ______________________________________ Denis Leary, President
Dated: ______________________ By: ______________________________________ Ronald Nash, Treasurer
Montclair Fire Department
EIN: 95-6005731
Dated: ______________________ By: ______________________________________ Ryon Dierck, Assistant Fire Chief

Dated: ______________________ By: ______________________________________ Amanda Romano, Office Specialist

MONTCLAIR CITY COUNCIL MEETING – 02/03/2025 Page 17 of 42 5 1/8/2025
Address for Notices:
__________________________________________
______________________________________
MONTCLAIR CITY COUNCIL MEETING – 02/03/2025 Page 18 of 42

CITY COUNCIL

AGENDA REPORT
DATE: FEBRUARY 3, 2025
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 2
FILE I.D.: SEW080
DEPT.: COMMUNITY DEV.

PREPARER: S. GUTIERREZ
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 25–09–I–113 (CASE NO. 2024–41), AN IRREVOCABLE ANNEXATION AGREEMENT WITH 1012 LAND LLC, FOR A NEW 7–LOT SUBDIVISION AND DEVELOPMENT OF A 1.97 ACRE SITE AT 4760 PHILLIPS BOULEVARD, ONTARIO, CA 91762 (APN 1013–071–18–0000)
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 25–09–I–113 (Case No. 2024–41), an Irrevocable Annexation Agreement (IAA) with 1012 Land LLC, for a new 7–lot subdivision and development of a 1.97 acre site at 4760 Phillips Boulevard, Ontario, CA 91762 (APN 1013–071–18–0000).

The proposed IAA would allow a connection to the sanitary sewer system owned and operated by the City of Montclair to serve a new residential subdivision and development on a vacant 1.97–acre site within the City’s Sphere of Influence. A City–owned 15–inch diameter sewer line is present and available to connect in Phillips Boulevard adjacent to the subject property’s south frontage (Exhibit A).

IAAs are subject to City Council review and approval. A copy of proposed Agreement No. 25–09–I–113 is attached for the City Council’s review and consideration.

BACKGROUND: The subject site located at 4760 Phillips Boulevard (APN 1013–071–18– 0000), is a rectangular–shaped “through–lot” with street frontage on Phillips Boulevard on the south and Grand Avenue on the north. After development is complete, additional access to the site will be from the west via the extension of Ramona Place into the site with a complete cul–de–sac street improvement (see Exhibit A).

Each of the proposed seven residential parcels will be developed with a two–story main residence with attached two–car garages (3,100 SF) and a single–story accessory dwelling unit (1,000 SF). The County of San Bernardino County has worked with City staff to fine–tune the subdivision layout and associated site development. The County issued a letter of completeness on December 23, 2024, clearing the way for final review of the project by the County of San Bernardino Board of Supervisors.

The proposed sewer connection request is consistent with the City’s policies and requirements. In exchange, the IAA requires that all future parcels created by the subject subdivision be annexed to the City when feasible at a future date. If approved by the City Council, staff will forward Agreement No. 25–09–I–113 to the Local Agency Formation Commission (LAFCO) for review and approval. Following City Council and LAFCO approvals, IAAs are recorded against the property and become binding on future owners, heirs, successors, or assigns.

MONTCLAIR CITY COUNCIL MEETING – 02/03/2025 Page 19 of 42 FISCAL IMPACT: The proposed Irrevocable Annexation Agreement would pose no fiscal impact on the City’s General Fund at this time, but will have a positive impact when the properties are connected to the sewer and payment for sewer service begins.

RECOMMENDATION: Staff recommends the City Council approve Agreement No. 25– 09–I–113, an Irrevocable Annexation Agreement with 1012 Land LLC, for a new seven– lot subdivision and development of a 1.97–acre site at 4760 Phillips Boulevard, Ontario, CA (APN 1013–071–18–0000).

MONTCLAIR CITY COUNCIL MEETING – 02/03/2025 Page 20 of 42 MONTCLAIR CITY COUNCIL MEETING – 02/03/2025 Page 21 of 42 Recording Requested by:

Silvia Gutierrez
City of Montclair
When Recorded Mail To:

Silvia Gutiérrez
Senior Planner
City of Montclair
5111 Benito Street, P.O. Box 2308
Montclair, CA 91763
This Space for Recorder’s Use Only
FREE RECORDING PURSUANT TO GOVERNMENT CODE §27383
AGREEMENT NO. 25–09–I–113

AN IRREVOCABLE AGREEMENT TO ANNEX

TO THE CITY OF MONTCLAIR
1012 LLC

1.97–ACRE SITE
4760 PHILLIPS BOULEVARD, ONTARIO, CA 91762
(APNS 1013–071–18–0000)
MONTCLAIR CITY COUNCIL MEETING – 02/03/2025 Page 22 of 42

Page 1 of 3 ends

AGREEMENT NO. 25–09–113

AN IRREVOCABLE AGREEMENT TO ANNEX

TO THE CITY OF MONTCLAIR
This Agreement is entered into this day of , 2025,
between 1012 LLC, hereinafter referred to as "Owner," and the City of Montclair, hereinafter referred to as "City."
WHEREAS, the Owner is the legal property owner of the real property located at 4760 Phillips Boulevard, Ontario, CA 91762 (APNs ) the land referred to herein below (hereinafter “the subject property”), as referenced by the San Bernardino County Tax Assessor Parcel Numbers (APNs 1013–071–18–0000), and is further described as follows:

Portion of Government Lot I, Section 34, Township 1 South, Range 8 West, San Bernardino Base and Meridian, in the County of San Bernardino, State of California, according to Government Survey, described as follows:

Beginning at the intersection of the North line of Government Lot 1 with the Westerly line of the East 10 acres of said Government Lot 1; thence South along said Westerly line to its point of intersection with the Southerly line of Government Lot 1; thence Westerly along said Southerly line a distance of 159.01 feet to a point; thence Northerly in a direct line a distance of 542.69 feet, more or less, to a point on the North line of Government Lot 1 lying 148.48 feet Westerly of the point of beginning; thence Easterly along said North line of Government Lot 1 to the point of beginning.

Excepting therefrom the Northerly 15 feet as conveyed to the County of San Bernardino, by deed recorded June 11, 1949, in Book 2416, of Official Records, Page 432.

Also, excepting therefrom the Southerly 17 feet measured at right angles to the South line of Government Lot 1.

WHEREAS, the subject property is approximately 1.97 acres in total size and located within unincorporated San Bernardino County and the Sphere of Influence of the City of Montclair and
WHEREAS, the County zoning designation for the subject property is “Single Family (SER)” and
WHEREAS, The County of San Bernardino (County) has granted preliminary conceptual approval for Tentative Tract Map (No. 20625) to proceed with the land use review process to subdivide a 1.97–acre lot into seven parcels to allow the construction of seven primary 3100 sf residential dwellings and seven detached 1,000 sf accessory dwelling units. The project is currently under review by the Land Use Services Department, and
WHEREAS, the Owner is required and desires to connect the subject property to the sanitary sewer system in the Phillips Boulevard roadway, which is owned and maintained by the City of Montclair and
WHEREAS, the City is willing to allow a connection to said sanitary sewer system if a request is made at the earliest possible time to annex the subject property to the City of Montclair; and
MONTCLAIR CITY COUNCIL MEETING – 02/03/2025 Page 23 of 42 Irrevocable Annexation Agreement No. 25–09–I–113

Page 2 of 3 ends

WHEREAS, Owner desires to annex the subject property to the City of Montclair; and
WHEREAS, the City intends to pursue annexation of the Owner’s property, but said annexation would cause a delay in connecting to said sewer system, which would create a substantial hardship for the Owner of the subject property; and, WHEREAS, the agreements, conditions, and covenants contained herein are made for the direct benefit of the subject property and described herein and shall create an equitable servitude upon the subject property and operate as a covenant running with the land for the benefit of the Owner of the subject property and his/her/its heirs, successors, and assigns.

NOW, THEREFORE, the parties agree as follows:

1. Owner hereby gives irrevocable consent to annex the subject property to the City of Montclair at such time as the annexation may be properly approved through appropriate legal proceedings. Owner further agrees to provide all reasonable cooperation and assistance to the City in the annexation proceedings. Said cooperation includes signing any applications of consent or other documents prepared by the City to effectuate the annexation and submitting any evidence reasonably within the control of the Owner at the various hearings required for the annexation. Said cooperation does not include, however, any obligation on behalf of the Owner to institute any litigation or judicial proceeding whatsoever to force annexation to the City.

2. The City of Montclair does hereby agree to allow a connection of the subject property to the sewer line owned by the City of Montclair, which is located in Phillips Boulevard, at such time as all applicable permits have been obtained and associated fees have been paid.

The owner agrees to pay such annexation fees, costs, and other municipal charges as would ordinarily be charged in the annexation of the subject property to the City. Said fees shall be payable when they become due and payable.

3. The owner shall pay all fees and charges and make all deposits required by the City to connect the subject property to and use the sewer, and the Owner agrees to be bound by all City ordinances, rules, and regulations with respect to the sewer system. The owner agrees to pay monthly sewer charges beginning on the date the City Council approves this agreement.

4. Owner shall be responsible for the maintenance and repair of the sewer lateral from the buildings, and/or structures to which the sewer lateral is connected to the public sewer main in the street or City easement. This responsibility includes both the portion of the sewer lateral on private property and the portion located beneath the street up to the point where the lateral connects to the public sanitary sewer main. The property owner’s responsibilities include maintenance and repair of the lateral, overflow cleanup, and damages to the sewer main and/or pavement. The City may respond and take corrective action in the event of a sewage overflow from a lateral where there is an immediate threat to health or safety. However, the property owner shall be responsible to immediately reimburse City for all costs incurred by the City.

MONTCLAIR CITY COUNCIL MEETING – 02/03/2025 Page 24 of 42 Irrevocable Annexation Agreement No. 25–09–I–113

Page 3 of 3 ends

5. Owner shall install any and all future improvements upon subject property to the City's standards, except that the County standard(s) shall apply when more restrictive than the City standard(s).

6. Owner shall execute this agreement on behalf of himself, his heirs, successors, and assigns, and said agreement shall be irrevocable without the prior written consent of both parties hereto.

7. Owners shall execute this agreement on behalf of themselves, their heirs, successors, and assigns, and said agreement shall be irrevocable without the prior written consent of both parties hereto.

8. This Agreement and the benefit and responsibilities to the subject property shall inure to the benefit and responsibilities of subsequent owners, their heirs, successors, and assigns, and the agreements, conditions, and covenants contained herein shall run with the land and be binding upon them and upon the land.

9. This agreement shall be recorded with the Office of the Recorder of the County of San Bernardino.

IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first above written.

OWNER(S):
1012 LAND LLC
Name/Title:

Date:

Name/Title:

Date:

CITY:

CITY OF MONTCLAIR, CALIFORNIA
Javier John Dutrey, Mayor
Date:

ATTEST:

Andrea Myrick, City Clerk

APPROVED AS TO FORM:

Diane E. Robbins, City Attorney
MONTCLAIR CITY COUNCIL MEETING – 02/03/2025 Page 25 of 42

CITY COUNCIL

AGENDA REPORT
DATE: FEBRUARY 3, 2025
SECTION: CONSENT - RESOLUTIONS
ITEM NO.: 1
FILE I.D.: STB300–17
DEPT.: FINANCE
PREPARER: C. GRAVES
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 25–3469 AUTHORIZING PLACEMENT

OF LIENS ON CERTAIN PROPERTIES FOR DELINQUENT SEWER AND TRASH CHARGES REASON FOR CONSIDERATION: Staff has identified 180 sewer and trash accounts in the even–numbered–month billing cycle that are more than three billing periods delinquent. Pursuant to Montclair Municipal Code Chapter 1.12, these properties are subject to lien.

BACKGROUND: Ordinance No. 02–815 authorizes the placement of liens on properties on which delinquent civil debts have accrued and makes property owners responsible for delinquent sewer and trash charges accrued after the effective date of the Ordinance (March 1, 2002) for accounts in tenants' names. Prior to the City Council's adoption of Ordinance No. 02–815, property owners were responsible for only those accounts in their own names.

FISCAL IMPACT: Recoverable amount is $65,336.71, plus $3,600.00 for release of lien fees, plus $9,000.00 in lien fees, for a total of $77,936.71.

RECOMMENDATION: Staff recommends the City Council adopt Resolution No. 25–3469 authorizing placement of liens on certain properties for delinquent sewer and trash charges.

MONTCLAIR CITY COUNCIL MEETING – 02/03/2025 Page 26 of 42 Resolution No. 25–3469 Page 1 of 1
RESOLUTION NO. 25–3469

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF MONTCLAIR AUTHORIZING

PLACEMENT OF LIENS ON CERTAIN

PROPERTIES FOR DELINQUENT SEWER

AND TRASH ACCOUNTS
WHEREAS, Chapter 1.12 of the Montclair Municipal Code authorizes the City to place liens on properties on which delinquent civil debts have accrued; and WHEREAS, all owners of property in the City of Montclair were notified about the adoption of Ordinance No. 02–815 authorizing placement of liens on properties on which delinquent civil debts have accrued; and
WHEREAS, it has been determined that there are 180 sewer and/or trash accounts on which there are delinquencies in excess of 90 days; and WHEREAS, the owners of these properties have received regular billing statements and late notices since the onset of such delinquencies; and WHEREAS, the owners of these properties were notified on January 8, 2025, that their delinquent accounts are subject to causing a lien to be placed on their properties for settlement of such delinquencies; and that such liens would be considered for approval by the Montclair City Council on Monday, February 3, 2025.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Montclair approves the placement of liens on the properties and in the amounts specified in Exhibit A, entitled Report of Delinquent Civil Debts – February 2025, attached hereto.

BE IT FURTHER RESOLVED that the City Clerk is authorized to provide the San Bernardino County Auditor/Controller–Recorder with the documents required to cause such liens to be placed.

APPROVED AND ADOPTED this XX day of XX, 2025.

Mayor
ATTEST:

City Clerk
I, Andrea M. Myrick, City Clerk of the City of Montclair, DO HEREBY CERTIFY that Resolution No. 25–3469 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, 2025, 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 – 02/03/2025 Page 27 of 42 Exhibit A to Resolution No. 25–3469
Report of Delinquent Civil Debts – February 2025

Page 1 of 4 ends

Street No. Street Account
Type Delinquency Lien Fee Release of Lien Fee
Total Lien
Amount
4255 3rd Street Residential 228.55 50.00 20.00 298.55
11141 Ada Avenue Residential 343.55 50.00 20.00 413.55
11225 Ada Avenue Residential 332.57 50.00 20.00 402.57
10159 Amherst Avenue Residential 272.96 50.00 20.00 342.96 10227 Amherst Avenue Residential 306.82 50.00 20.00 376.82 11141 Amherst Avenue Residential 343.73 50.00 20.00 413.73 4238 Appaloosa Way Residential 306.82 50.00 20.00 376.82 4265 Appaloosa Way Residential 226.86 50.00 20.00 296.86 4314 Appaloosa Way Residential 341.60 50.00 20.00 411.60 10532 Arabian Place Residential 327.74 50.00 20.00 397.74 4667 Bandera Street Residential 325.14 50.00 20.00 395.14 4959 Bandera Street Residential 277.71 50.00 20.00 347.71 5069 Bandera Street Residential 290.91 50.00 20.00 410.91 5095 Bandera Street Residential 341.33 50.00 20.00 411.33 5598 Bandera Street Residential 336.61 50.00 20.00 406.61 5633 Bandera Street Residential 346.26 50.00 20.00 416.26 5621 Bandera Street Unit 2 Residential 560.57 50.00 20.00 630.57 8806 Banyan Avenue Multifamily 378.50 50.00 20.00 448.50 10136 Bel Air Avenue Senior 212.52 50.00 20.00 282.52
10145 Bel Air Avenue Residential 343.73 50.00 20.00 413.73 10187 Bel Air Avenue Residential 218.82 50.00 20.00 288.82 10283 Bel Air Avenue Residential 334.83 50.00 20.00 404.83 10545 Belgian Pl Residential 357.70 50.00 20.00 427.70
5219 Belvedere Way Residential 377.69 50.00 20.00 447.69 5196 Benito Street Commercial 362.69 50.00 20.00 432.69 5206 Benito Street Commercial 363.45 50.00 20.00 433.45 10268 Benson Avenue Residential 250.93 50.00 20.00 320.93 10376 Benson Avenue Multifamily 466.49 50.00 20.00 536.49 5011 Birch Street Residential 303.10 50.00 20.00 373.10 4532 Bodega Court Residential 344.72 50.00 20.00 414.72 4545 Bodega Court Residential 360.61 50.00 20.00 430.61 11339 Brunswick Lane Residential 227.59 50.00 20.00 297.59 10464 Calico Court Residential 360.17 50.00 20.00 430.17 8953 Camulos Avenue Residential 358.61 50.00 20.00 428.61 10234 Camulos Avenue Residential 331.28 50.00 20.00 401.28 10259 Camulos Avenue Residential 363.69 50.00 20.00 433.69 4924 Canoga Street Residential 263.73 50.00 20.00 333.73 5005 Canoga Street Residential 339.98 50.00 20.00 409.98 5440 Carlton Street Residential 227.59 50.00 20.00 297.59 11178 Carrillo Avenue Residential 343.73 50.00 20.00 413.73 4265 Clair Street Residential 341.53 50.00 20.00 411.53 4337 Clair Street Residential 571.52 50.00 20.00 641.52 5030 Clair Street Residential 304.38 50.00 20.00 374.38 5159 Clair Street Senior 218.25 50.00 20.00 288.25
4303 Clydesdale Way Residential 343.78 50.00 20.00 413.78 10164 Coalinga Avenue Residential 343.73 50.00 20.00 413.73 10231 Coalinga Avenue Residential 343.73 50.00 20.00 413.73 11148 Coalinga Avenue Residential 343.73 50.00 20.00 413.73 5222 Coventry Way Residential 239.13 50.00 20.00 309.13 MONTCLAIR CITY COUNCIL MEETING – 02/03/2025 Page 28 of 42 Exhibit A to Resolution No. 25–3469
Report of Delinquent Civil Debts – February 2025

Page 2 of 4 ends

Street No. Street Account
Type Delinquency Lien Fee Release of Lien Fee
Total Lien
Amount
11362 Cumberland Lane Residential 363.49 50.00 20.00 433.49 11373 Cumberland Lane Residential 363.53 50.00 20.00 433.53 11438 Cumberland Lane Residential 367.57 50.00 20.00 437.57 11469 Cumberland Lane Residential 363.53 50.00 20.00 433.53 11476 Cumberland Lane Residential 227.59 50.00 20.00 297.59 11333 Dartmouth Lane Residential 363.49 50.00 20.00 433.49 11461 Dartmouth Lane Residential 316.69 50.00 20.00 386.69 10190 Del Mar Avenue Residential 343.73 50.00 20.00 413.73 10236 Del Mar Avenue Residential 343.73 50.00 20.00 413.73 4506 Donner Court Residential 478.91 50.00 20.00 548.91 4512 Donner Court Residential 343.29 50.00 20.00 413.29 11159 Essex Avenue Residential 343.73 50.00 20.00 413.73 4628 Evart Street Residential 478.91 50.00 20.00 548.91 4705 Evart Street Residential 343.73 50.00 20.00 413.73 4789 Evart Street Residential 329.37 50.00 20.00 399.37 5195 Evart Street Residential 274.78 50.00 20.00 344.78 5383 Evart Street Residential 306.82 50.00 20.00 376.82 4219 Fauna Street Residential 343.73 50.00 20.00 413.73 4256 Fauna Street Residential 384.20 50.00 20.00 454.20 4291 Fauna Street Residential 343.73 50.00 20.00 413.73 4298 Fauna Street Residential 306.82 50.00 20.00 376.82 4432 Fauna Street Residential 339.72 50.00 20.00 409.72 4703 Fauna Street Residential 341.73 50.00 20.00 411.73 4731 Fauna Street Residential 324.04 50.00 20.00 394.04 4774 Fauna Street Senior 309.24 50.00 20.00 379.24
4852 Fauna Street Residential 343.73 50.00 20.00 413.73 8936 Felipe Avenue Residential 491.53 50.00 20.00 561.53 10221 Felipe Avenue Residential 306.82 50.00 20.00 376.82 8919–21 Felipe Avenue Multifamily 687.47 50.00 20.00 757.47 8947–49 Felipe Avenue Multifamily 648.38 50.00 20.00 718.38 4639 Flora Street Residential 698.27 50.00 20.00 768.27 4660 Flora Street Senior 346.15 50.00 20.00 416.15
4704 Flora Street Residential 274.97 50.00 20.00 344.97 4932 Flora Street Residential 375.18 50.00 20.00 445.18 5083 Flora Street Senior 472.53 50.00 20.00 542.53
5185 Flora Street Residential 315.80 50.00 20.00 385.80 5370 Flora Street Residential 345.38 50.00 20.00 415.38 10253 Fremont Avenue Residential 343.73 50.00 20.00 413.73 10287 Fremont Avenue Residential 375.15 50.00 20.00 445.15 11049 Fremont Avenue Residential 343.74 50.00 20.00 413.74 11280 Fremont Avenue Residential 200.00 50.00 20.00 270.00 10365–67 Fremont Avenue Multifamily 679.66 50.00 20.00 749.66 10161 Geneva Avenue Residential 283.02 50.00 20.00 353.02 4581 Gold Rush Court Residential 230.49 50.00 20.00 300.49 5091 Grand Avenue Residential 306.82 50.00 20.00 376.82 3792 Hampton Drive Residential 363.53 50.00 20.00 433.53 3910 Hampton Drive Residential 223.54 50.00 20.00 293.54 4103 Howard Street Residential 343.73 50.00 20.00 413.73 4341 Howard Street Residential 343.74 50.00 20.00 413.74 MONTCLAIR CITY COUNCIL MEETING – 02/03/2025 Page 29 of 42 Exhibit A to Resolution No. 25–3469
Report of Delinquent Civil Debts – February 2025

Page 3 of 4 ends

Street No. Street Account
Type Delinquency Lien Fee Release of Lien Fee
Total Lien
Amount
4605 Howard Street Residential 306.82 50.00 20.00 376.82 4705 Howard Street Residential 363.53 50.00 20.00 433.53 10170 Kimberly Avenue Senior 480.15 50.00 20.00 550.15
10209 Kimberly Avenue Residential 343.54 50.00 20.00 413.54 10244 Kimberly Avenue Residential 293.74 50.00 20.00 363.74 11145 Kimberly Avenue Residential 388.76 50.00 20.00 458.76 11165 Kimberly Avenue Residential 354.82 50.00 20.00 424.82 11175 Kimberly Avenue Residential 344.11 50.00 20.00 414.11 4671 Kingsley Street Multifamily 644.93 50.00 20.00 714.93 4883 Kingsley Street Residential 376.94 50.00 20.00 446.94 4909 Kingsley Street Residential 345.38 50.00 20.00 415.38 5476 Kingsley Street Residential 344.30 50.00 20.00 414.30 5646 Kingsley Street Residential 268.34 50.00 20.00 338.34 5141–43 Kingsley Street Multifamily 682.79 50.00 20.00 752.79 10360–62 Lehigh Avenue Multifamily 687.47 50.00 20.00 757.47 4414 Mane Street Residential 239.17 50.00 20.00 309.17
4428 Mane Street Residential 343.64 50.00 20.00 413.64
4595 Mane Street Residential 224.17 50.00 20.00 294.17
4696 Mane Street Residential 512.78 50.00 20.00 582.78
4839 Mane Street Residential 343.73 50.00 20.00 413.73
4846 Mane Street Residential 383.70 50.00 20.00 453.70
10269 Marion Avenue Residential 256.70 50.00 20.00 326.70 11349 Marquette Lane Residential 209.75 50.00 20.00 279.75 4444 Merle Street Residential 478.91 50.00 20.00 548.91 10177 Mills Avenue Residential 351.92 50.00 20.00 421.92 10189 Mills Avenue Residential 345.14 50.00 20.00 415.14 10231 Mills Avenue Residential 343.73 50.00 20.00 413.73 3796 Millstone Lane Residential 313.12 50.00 20.00 383.12 5239 Monte Verde Street Residential 343.73 50.00 20.00 413.73 11313 Monte Vista Avenue Residential 406.99 50.00 20.00 476.99 10563 Mustang Circle Residential 296.39 50.00 20.00 366.39 10151 Oak Glen Avenue Residential 395.75 50.00 20.00 465.75 10163 Oak Glen Avenue Senior 343.30 50.00 20.00 413.30
10186 Oak Glen Avenue Residential 356.08 50.00 20.00 426.08 10241 Oak Glen Avenue Residential 392.76 50.00 20.00 462.76 4595 Oakdale Street Residential 343.73 50.00 20.00 413.73 4637 Oakdale Street Residential 301.19 50.00 20.00 371.19 4909 Orchard Street Residential 460.29 50.00 20.00 530.29 5035 Orchard Street Residential 200.00 50.00 20.00 270.00 5171 Orchard Street Senior 307.78 50.00 20.00 377.78
5422 Orchard Street Residential 343.73 50.00 20.00 413.73 5434 Orchard Street Senior 419.43 50.00 20.00 489.43
5471 Orchard Street Residential 373.16 50.00 20.00 443.16 3979 Peachwood Drive Residential 316.69 50.00 20.00 386.69 5136 No. Plaza Lane Commercial 1,895.14 50.00 20.00 1,965.14 10165 Poulsen Avenue Residential 338.65 50.00 20.00 408.65 10230 Poulsen Avenue Residential 339.68 50.00 20.00 409.68 10260 Poulsen Avenue Senior 403.81 50.00 20.00 473.81
10206 Pradera Avenue Residential 343.73 50.00 20.00 413.73 MONTCLAIR CITY COUNCIL MEETING – 02/03/2025 Page 30 of 42 Exhibit A to Resolution No. 25–3469
Report of Delinquent Civil Debts – February 2025

Page 4 of 4 ends

Street No. Street Account
Type Delinquency Lien Fee Release of Lien Fee
Total Lien
Amount
10222 Pradera Avenue Residential 200.00 50.00 20.00 270.00 10231 Pradera Avenue Residential 478.91 50.00 20.00 548.91 10236 Ramona Avenue Residential 305.60 50.00 20.00 375.60 4668 Rawhide Street Residential 343.90 50.00 20.00 413.90 5049 Saddleback Street Residential 754.98 50.00 20.00 824.98 10964 San Miguel Way Residential 360.77 50.00 20.00 430.77 11025 San Miguel Way Residential 358.61 50.00 20.00 428.61 11020 San Pasqual Avenue Residential 200.21 50.00 20.00 270.21 11083 San Pasqual Avenue Residential 370.75 50.00 20.00 440.75 10148 Santa Anita Avenue Residential 324.20 50.00 20.00 394.20 10183 Santa Anita Avenue Residential 334.83 50.00 20.00 404.83 10221 Santa Anita Avenue Residential 343.73 50.00 20.00 413.73 10298 Santa Anita Avenue Residential 247.61 50.00 20.00 317.61 10170 Saratoga Avenue Residential 339.58 50.00 20.00 409.58 10226 Saratoga Avenue Residential 354.55 50.00 20.00 424.55 10964 Shetland Avenue Residential 333.46 50.00 20.00 403.46 5538 Shirley Lane Residential 343.90 50.00 20.00 413.90 11011 Stallion Avenue Residential 343.73 50.00 20.00 413.73 4779 State Street Residential 251.32 50.00 20.00 321.32 10115 Vernon Avenue Residential 358.61 50.00 20.00 428.61 10187 Vernon Avenue Residential 455.98 50.00 20.00 525.98 10236 Vernon Avenue Residential 343.73 50.00 20.00 413.73 10241 Vernon Avenue Residential 358.61 50.00 20.00 428.61 5554 Vernon Court Residential 356.50 50.00 20.00 426.50 5555 Vernon Court Residential 343.75 50.00 20.00 413.75 4191 Via Napoli Residential 319.41 50.00 20.00 389.41
11053 Wesley Avenue Residential 343.73 50.00 20.00 413.73 10995 Whitewater Avenue Residential 353.63 50.00 20.00 423.63 11238 Whitewater Avenue Residential 215.05 50.00 20.00 285.05 11263 Whitewater Avenue Residential 445.00 50.00 20.00 515.00 4515 Yosemite Drive Residential 342.31 50.00 20.00 412.31 4523 Yosemite Drive Residential 258.07 50.00 20.00 328.07 10472 Yosemite Drive Residential 716.48 50.00 20.00 786.48 $ 65,336.71 $ 9,000.00 $ 3,600.00 $ 77,936.71
MONTCLAIR CITY COUNCIL MEETING – 02/03/2025 Page 31 of 42 Personnel Committee Minutes – January 21, 2025 Page 1 of 1

MINUTES OF THE MEETING OF THE MONTCLAIR

PERSONNEL COMMITTEE HELD ON TUESDAY,
JANUARY 21, 2025, AT 5:00 P.M. IN THE CITY
ADMINISTRATIVE OFFICES, 5111 BENITO STREET,

MONTCLAIR, CALIFORNIA
I. CALL TO ORDER
Mayor Dutrey called the meeting to order at 5:00 p.m.

II. ROLL CALL

Present: Mayor Dutrey, 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 December 16, 2024.

Moved by Council Member Ruh, seconded by Mayor Dutrey, and carried unanimously to approve the minutes of the Personnel Committee meeting on December 16, 2024.

IV. PUBLIC COMMENT – None
V. CLOSED SESSION
At 5:01 p.m., the Personnel Committee went into Closed Session regarding personnel matters related to appointments, resignations/ terminations, and evaluations of employee performance.

At 5:45 p.m., the Personnel Committee returned from Closed Session.

Mayor Dutrey stated that no announcements would be made at this time.

VI. ADJOURNMENT
At 5:45 p.m., Mayor Dutrey adjourned the Personnel Committee.

Submitted for Personnel Committee approval,
Edward C. Starr
City Manager
MONTCLAIR CITY COUNCIL MEETING – 02/03/2025 Page 32 of 42

PENDING

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.

MONTCLAIR CITY COUNCIL MEETING – 02/03/2025 Page 33 of 42

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – December 16, 2024 Page 2 of 10 At 8:00 p.m., Mayor Dutrey called the meeting back to order with all present.

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.

MONTCLAIR CITY COUNCIL MEETING – 02/03/2025 Page 34 of 42

PENDING

APPROVAL
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; tepealing 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.

MONTCLAIR CITY COUNCIL MEETING – 02/03/2025 Page 35 of 42

PENDING

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.

MONTCLAIR CITY COUNCIL MEETING – 02/03/2025 Page 36 of 42

PENDING

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.

MONTCLAIR CITY COUNCIL MEETING – 02/03/2025 Page 37 of 42

PENDING

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.

MONTCLAIR CITY COUNCIL MEETING – 02/03/2025 Page 38 of 42

PENDING

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.

MONTCLAIR CITY COUNCIL MEETING – 02/03/2025 Page 39 of 42

PENDING

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.

MONTCLAIR CITY COUNCIL MEETING – 02/03/2025 Page 40 of 42

PENDING

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.

MONTCLAIR CITY COUNCIL MEETING – 02/03/2025 Page 41 of 42

PENDING

APPROVAL
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 COUNCIL MEETING – 02/03/2025 Page 42 of 42

Montclair City CouncilFebruary 3, 2025

Montclair City Council
February 3, 2025