ADJOURNED MEETING OF THE CITY COUNCIL
to be held in the Council Chambers located at
5111 Benito Street, Montclair, California
Monday, April 7, 2025
5:45 p.m.
If you want to provide comments on an agenda item, 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) and requests to speak 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
II. ROLL CALL
III. COUNCIL WORKSHOP
A. Review of the Ralph M. Brown Act and Public Meeting Conduct IV. PUBLIC COMMENT
This section intended to provide members of the public with an opportunity to comment on any subject not on this agenda. Each speaker will be afforded up to five minutes to address the City Council. (Government Code §54954.3) Under provisions of the Brown Act, the Council is prohibited from taking action on items not listed on the agenda.
V. ADJOURNMENT
Reports, backup materials, and additional materials related to any item on this Agenda distributed to the City Council after publication of the Agenda packet are available for public inspection in 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, please contact 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 24 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, March 20, 2025.
Role of Council Members,
Conflicts of Interest, and
Open Meetings
April 7, 2025
By Diane E. Robbins, City Attorney
1 Council Organization: Duties of the
Mayor and Pro-Tem
Facilitate Council Meetings
Keep the discussion on topic
Manage conflicts
Stick to the agenda
Assist the Council to focus on the agenda, discussions and deliberations, and control the debate and order of the speakers
The Mayor may make or second any motion
The Mayor signs all contracts made or entered into by the City, Resolutions, Ordinances, and Proclamations—unless the City Council authorizes another City Official, such as the City Manager, to be the signing authority. The Mayor is recognized as the official head of the City for all ceremonial purposes
Mayor Pro-Tem serves in the same capacity as the Mayor in the absence of the Mayor
2 Your Role as a Council Member
Guided by City staff and input from the community, the Council makes policy decisions on all matters of City government
The Council is the authority, not individual members
Ideas become projects when Council discusses them in open session and a quorum of members decide to proceed
Council members work to understand the issues and perspectives of fellow Council members with the objective of making a decision that usually will require compromise
Learn the City’s organization, roles, and responsibilities. Make informed decisions that are based on the best interest of the City. 3 Conduct
Refrain from abusive conduct, personal charges or criticisms, or verbal attacks upon the character or motives of others
Perform duties in accordance with the processes and rules of order established by the City Council
Be informed on public issues; listen attentively to public discussions before the body, focus on current business issues
Abide by the Brown Act
Avoid individual involvement in labor negotiations and personnel matters—Council serves as arbiter in labor and personnel matters (Meyers-Milias-Brown Act)
Base decisions on the merits and substance of the matter submitted for review
Publicly share substantive information that is relevant to a matter under consideration that may have been received from sources outside of the public decision-making process
4 Conduct
Be focused, direct, clear, and brief
Conduct yourself with dignity, civility, kindness, patience, support, and inclusiveness
Listen and pay attention
Be conscious that you are the “face” of the City
Be present: A Councilmember’s office becomes vacant if he/she is absent without permission from all regular Council meetings for 60 days consecutively
5 Do Your Homework
Be prepared for City Council meetings, on time and ready to start Read the agenda and ask questions of the City Manager to be sure you understand the issues and options presented by staff
Give staff a heads-up on questions/concerns in advance of the meeting so that they can also be properly prepared
Engage your residents and business owners on their views Familiarize yourself with the City’s budget – What are the funding priorities? 6 Setting the Agenda
City Manager and staff produce the agenda reports for business items placed on the agenda.
The Mayor or an individual Council Member may request an item be placed on future agendas with the consensus of a majority of the Council Members.
Members of the public may request to place an item on the agenda by submitting a request in writing or by making a request during public comment.
Agenda items are presented to the City Manager for review and discussion on the Tuesday before the next Regular Meeting.
The agenda is published and presented to the City Council on the Thursday before the next Regular Meeting.
7 Types of Agenda Items
Ceremonial items include proclamations and commendations that recognize an individual, group, or cause
Special presentations are typically informational only and do not require Council action
Items on the Consent Calendar of the Agenda are items of routine business and are passed in one motion, unless a member of the public or Council removes the item to discuss it or seek additional information Public Hearings generally require special notice and are required by State law for certain items, such as amendments to the zoning code. May have special public input requirements
8 Follow the Process During Meetings
Receive Staff presentation
Ask clarifying questions
Take public comment, listen attentively
Present your views succinctly during Council discussion and deliberation Make appropriate motions
Take the vote
Respect the outcome of the final vote
Respect rules of decorum
9 The Public’s Right to Participate
The public has a right to address the public body at any meeting, including addressing any item on the agenda.
Members of the public cannot be required to register their name; i.e., they have the right to speak anonymously if they so choose.
Reasonable time limits may be imposed. The Council typically limits comments to five minutes per speaker.
Speakers must be permitted to express their opinions or criticism of the body. If an individual or group willfully interrupts a meeting and order cannot be restored, the room may be cleared. Members of the media must be allowed to remain and only matters on the agenda can be discussed. Be courteous: Questioning others’ motives or intelligence, being hostile, engaging in name-calling or making threats undermines one’s effectiveness. Do not engage in discussion with a speaker on non-agenda items. 10 Council-Manager Form of Government
Montclair is a General Law city, using the Council-Manager form of governance.
Designed for the elected City Council to set policy as the direct representatives of the community
City Manager provides the professional expertise to manage the organization on a day-to-day basis and to carry out the Council’s direction Council provides clear direction to the City Manager
City Manager implements Council policy and directs staff in day-to-day operations
It is the responsibility of the City Manager to coordinate between Council and staff to assure the effective delivery of services consistent with City Council direction
11 MMC 2.08.080 - Relations with the Council.
The City Council and its Members shall deal with the
administrative services of the City only through the City Manager, except for the purpose of inquiry; and neither shall Council Members give orders to any subordinates of the City Manager. The City Manager shall take his/her orders and instructions from the Council Members only when sitting in a duly held meeting of the City Council. Council Members shall not give any orders or instructions to the City Manager outside a duly held meeting of the City Council. Nothing contained in this section shall be construed to prevent any Council Member from discussing matters of the City with the City Manager.
12 Your Relationship with the City
Manager
It is critical for the City Manager to have CLEAR policy direction The City Manager will sometimes have to tell you what you don’t want to hear
No surprises-Council and Manager should keep each other informed to avoid hearing something first from third parties Let the City Manager know your preferred method of
communication
A positive and mutually supportive relationship will increase the odds of having a high-performing and successful City
13 Your Relationship with Staff
City Council creates policy
City Staff administers the Council’s policies under the direction of the City Manager
Work through the City Manager only to get things done Council members may contact the City Manager and/or Department Supervisors directly to ask questions for clarification or to request information
Concerns over the behavior of a staff member shall be directed to the City Manager privately to ensure the concern is resolved A Council member should not direct staff to initiate any action, change a course of action, or prepare any report, nor shall a Council member initiate any project, meeting, or study without the approval of the City Manager or a majority of Council at a properly noticed meeting 14 ETHICS
Comply with both the letter and spirit of the laws and policies affecting operations of the government
Must participate in ethics training every two years as required by AB 1234
Be independent, impartial, and fair in judgement and actions Use office for public good and not for personal gain
Deliberations and processes must be conducted openly, unless legally confidential, in an atmosphere of respect and civility 15 ETHICS
Must be Fair, Independent, and Impartial
The Council acts in a “quasi-judicial” capacity when considering a CUP or other entitlement application. When acting in such a capacity, Council members must be “neutral and unbiased.” This means a Council member cannot have a personal conflict of interest, cannot prejudge the facts, and must be free of prejudice for or against any of the parties. Allegations of bias may occur if decision-makers meet with interested parties or discuss pending applications outside the public hearing. A biased Council member is disqualified from participating in a quasi-judicial hearing. Avoid being lobbied.
These meetings or discussions include emails, texts and other communications about pending City business… and these
communications become public records subject to disclosure. 16 ETHICS
Must be Fair, Independent, and Impartial
Due process requires Council members to base their decision on the administrative record presented at a properly noticed meeting and not on any outside information obtained privately. Violation of due process may invalidate the Council action taken.
17 ETHICS
Sexual Harassment Training
Regulated by Assembly Bill (AB) 1661.
Two hours of training required within first six months of taking office. Required every two years.
Will be provided by the City and can be done from home. Sexual harassment is a violation of various state laws and can expose the perpetrator and the City to civil action.
18 ETHICS
Conflict of Interest Laws
Disqualification from Participation
Contractual Conflicts of Interest
Common Law Bias
Incompatible Offices
Free or Discounted Travel
19 DISQUALICATION FROM PARTICIPATION
A Public Official Has a Financial Interest In A Decision If It Is Reasonably Foreseeable That The Decision Will Have A Foreseeable And Material Financial Effect On The Official Or The Official’s Family or One Or More Of The Official’s Economic Interests. (Government Code §87103; 2 Cal. Code of Regs. §18700(a))
The Political Reform Act:
No Public Official, At Any Level, Of State Or Local
Government Shall Make, Participate In Making or In Any Way Attempt To Use The Public Official’s Position To Influence A Governmental Decision In Which the Official Knows Or Has Reason To Know the Official Has A Financial Interest.
(Government Code §87100)
20 CONFLICTS OF INTEREST
Disqualification
General Rule: Disqualification Should Occur if the
Proposed Action Could Have:
A Material Effect
Directly or Indirectly
On an Economic Interest of the Official, Spouse, or
Dependant
21 CONFLICTS OF INTEREST
If Disqualified:
You May Not Participate In or Attempt to Influence
Any Potential Decisionmaker or Advisor
Public Meetings:
Must Announce and Publicly Identify Conflict
Must Recuse Yourself
Must Retire From the Room
22 CONFLICTS OF INTEREST
Contractual Conflicts of Interest
Government Code Section 1090 et seq. Deals With Public Contracts In Which a Public Official Has a Financial Interest.
These Provisions Are In Addition to the Restrictions of the Political Reform Act
General Rule:
Public Officials Shall Not Have a Financial Interest In Any Contract Made by Them In Their Official Capacity, or By Any Board of Which They Are a Member (Gov. Code Sec. 1090)
Prohibits Any Financial Interest of Self or Spouse
“Opportunity to Influence” Illegal Even If Not Used
Officials Appointed by City Council Are Deemed To Have an Opportunity to Influence
23 1090 CONFLICTS OF INTEREST
Penalties:
Public Agency Keeps Benefit of the Contract
Official Repays All Benefits Received, Plus Interest
Official May Be Banned for Life From Holding Public
Office
Official May Go to Prison
24 COMMON LAW BIAS
Common Law Fiduciary Duty
Due Process Principles require a decision-maker to be fair and impartial when sitting in a “quasi-judicial”
capacity applying generally adopted standards to
specific situations. (CUP’s, PPD’s, Variances, etc.)
Party bias—animosity or loyalty
Factual bias—“ex parte communications”
The proverbial “smell test”
25 CONFLICTS OF INTEREST
Incompatible Offices
May Not Hold Two “Public Offices” at The Same Time
if There Is a Potential or Actual Conflict in Duties or Loyalties
Acceptance of Second Office Acts as a Resignation
of the First Office
26 CONFLICTS OF INTEREST
Free or Discounted Travel
Constitutional Prohibition (Article 12, Section 7)
May Not Receive Free or Discounted Travel, or Free
Upgrades from Any Transportation Company
Acceptance Shall Work a Forfeiture of Office
Does Not Apply to Travel Benefits Available to the
General Public
27 OPEN GOVERNMENT
The Public’s Right to Access Agency
Documents and Records
Agenda and Meeting Materials: Any non-exempt materials prepared by the local agency must be available for public inspection at the meeting.
The public has the right to see non-exempt materials that are created as part of the conduct of the people’s business:
Documents, computer data, e-mails, faxes, photographs
Written materials are presumed to be a public record unless an exception applies (ie. Personnel records that contain private information)
28 OPEN GOVERNMENT LAWS
Include the Ralph M. Brown Act and the Public Records Act Govern the actions of elected officials in local government with respect to adherence to open government laws
Promote transparency in government that is vital to generating public trust Require public officials to:
Properly notice meetings of legislative body
Conduct meetings of public bodies openly (except for limited circumstances)
Allow the public to participate through a public comment process Allow inspection and copying of public records
29 OPEN MEETING LAWS
The Brown Act
Purpose
The California Open Meeting Laws, or “The
Brown Act,” was adopted to ensure that almost
all aspects of the decision-making process of
legislative bodies of local agencies are
conducted in public and open to public
scrutiny. It is codified at Government Code
§54950 et seq.
30 THE BROWN ACT
Conducting the Public’s Business in Public
Elected and most appointed local-agency bodies must conduct their business in open and public meetings
A “meeting” is any situation involving a majority, or quorum, of a public body in which agency business is transacted or discussed The public must be informed of the time, location, and issues to be addressed at each meeting.
Only items on the agenda can be discussed and acted on Regular meetings require 72 hours notice, special meetings require 24 hours
31 THE BROWN ACT
Applies to:
City Council
Planning Commission
Commissions, committees, boards, or other bodies
of a local agency, whether permanent or
temporary, decision-making or advisory
Formal and informal meetings
Persons elected to legislative bodies even prior to
taking office
32 THE BROWN ACT
Government Code Section 54953(a):
All meetings of the legislative body of a local
agency shall be open and public, and all
persons shall be permitted to attend any
meeting of the legislative body of a local
agency, except as otherwise provided in this
chapter.
33 THE BROWN ACT
Public Meetings
All Meetings Must Be Public
“Meeting” Means:
Any Congregation or Consultation of a Majority of the Body To Hear, Discuss, Decide, or Deliberate
Any Item Within the Jurisdiction of the Body
Prohibits Reaching or Seeking “Collective Concurrence” of a Majority
Prohibits Use of Third Parties or Indirect Means
34 THE BROWN ACT
Key Things to Know:
Serial Meetings: Avoid unintentionally creating a “serial” meeting – a series of communications that result in a majority of the body’s members discussing, deliberating, or taking action on a matter of agency business A congregation of a majority of commissioners outside a properly noticed meeting during which there are discussions or deliberations on a matter within their subject matter jurisdiction is prohibited (GC 54952.2). A series of communications, of any kind (including emails/texts messages), among a majority of members, directly or through intermediaries is also prohibited
Hub-Spoke
Daisy-Chain
Permissible Gatherings: conferences, social, ceremonial as long as members do not discuss agency business.
Avoid communicating a pre-determined position or opinion on business matters that will appear before the City Council or Planning Commission. 35 THE BROWN ACT
A Note About Social Media
Social Media:
The platform must be “open and accessible to the public” May use certain internet-based social media platforms to answer questions from public, provide information to the public or solicit information from the public regarding a matter within the Council’s jurisdiction
HOWEVER: Councilmembers may not use any social media
platform to “discuss among themselves” official business. A member is prohibited from “respond directly” to any
communication concerning a matter within the Council’s
jurisdiction that is made, posted or shared by any other Councilmember (GC 54952.2(b)(3))
36 THE BROWN ACT
Consequences of Non-Compliance with
Open Meeting Requirements
Nullification of Decision: The District Attorney or any other interested party may sue to have the action declared invalid. Criminal Sanctions: Members of the body who intentionally violate the open meeting laws may be guilty of a
misdemeanor.
Other Measures: The DA or other interested party may sue to remedy past and future violations of the open meeting laws.
Regulations of public participation beyond those allowed by law can be a civil rights violation.
Attorney’s fees and costs may be awarded to those who successfully challenge open meeting violations.
37 THE BROWN ACT
Exceptions
Authorized Closed Sessions
Individual Contact With Constituents
Certain Public Meetings - Provided There is No
Discussion of Specific City Business, Other
Than as Part of the Scheduled Program.
Conferences
Community Meetings Organized by Others
Meetings of Another Governmental Agency
Purely Social or Ceremonial Events
38 THE BROWN ACT
Agenda Posting Requirements
Reasonable Description of Proposed Actions
Posted 72 Hours Before Regular Meeting
Posted 24 Hours Before Special Meeting
Specify Time and Location of the Meeting
39 THE BROWN ACT
Adding Non-Agenda Actions
Unexpected Need for Immediate Action
An Emergency Situation Exists Severely Impacting
Public Health or Safety or Disruption of Public
Facilities
Action Item Continued From a Properly Posted
Meeting Occurring Less than 5 Days Before
40 THE BROWN ACT
Non-Agenda Items
General Rule: No action or discussion shall be
undertaken on any item not appearing on the posted
agenda (Government Code 54954.2(a)(3)
Exceptions:
On his or her own initiative or in response to questions posed by the public, a Council member or staff may:
Ask a question for clarification
Make a BRIEF announcement
Make a BRIEF report on his or her own activities
41 Exceptions continued:
Council or individual Council member may:
Provide a reference to staff or other resources for factual information
Request staff to report back to the body at a subsequent meeting concerning any matter
Take action to direct staff to place a matter of business on a future agenda
42 THE BROWN ACT
Non-Agenda Items
THE BROWN ACT
Public Participation
Public Comments
Matters on the Agenda
Must be Heard Before Body Makes Decision
Matters Not on Agenda
May be Scheduled Anytime During
Meeting
“Brief” Responses Permitted
May Set Reasonable Time Limits
May Not Prohibit Relevant Criticism
43 THE BROWN ACT
Closed Sessions
Personnel Matters
Complaint Against Employee
Appointment, Hire, Evaluation, Discipline, or Discharge Conference With Labor Negotiators
Conference With Legal Counsel Regarding
Pending or Potential Litigation
To Instruct Negotiators of Real Property
Transactions
44 THE BROWN ACT
Confidentiality of Closed Session
Communications
Confidential information acquired in a closed session must not be disclosed by any person, unless authorized by the legislative body.
Government Code Section 54963. “Confidential information” means any communication made in a closed session that is specifically related to the basis for the Council’s meeting in closed session. Section 54963(b). To the extent the confidential information is related to the attorney-client privilege, such as discussion of pending litigation, the holder of the privilege is the Council and the privilege can be waived only by a majority of the Council.
The Council may enforce the prohibition of disclosure of confidential information by seeking injunctive relief to prevent disclosure, or referral of a member of the Council who has disclosed confidential information to the grand jury. Section 54963(c).
45 THE BROWN ACT
Penalties
Invalidation of Any Action Taken (GC 54960.1)
Criminal Misdemeanor (GC 54959) If Member
Was:
In Attendance at Meeting
Action Was Taken (Whether or Not Member Participated)
Civil Action for Injunction (GC 54960)
Court Ordered Taping of Closed Sessions (GC
54960)
Attorney’s Fees and Court Costs (GC 54960.5)
46