CITY MANAGER/ADMINISTRATIVE SERVICES DEPARTMENTS

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1 April 19, 2018 TO: FROM: Honorable Mayor and City Council Edward C. Starr, City Manager SUBJECT: CITY MANAGER S WEEKLY REPORT: April 7-19, 2018 CITY MANAGER/ADMINISTRATIVE SERVICES DEPARTMENTS Last Wednesday, Council Member Bill Ruh traveled to Sacramento to appear before the Assembly Local Government Committee to testify on behalf of Assembly Bill 2417, a bill authored by Assembly Member Freddie Rodriguez (52 nd Assembly District), providing the City of Montclair a vote on the Foothill Gold Line Construction Authority Board of Directors. I am pleased to report the bill easily passed through the Assembly Local Government Committee on a unanimous 7-0 vote, moving the legislation one stop closer to becoming law. In proposing AB 2417 to the Assembly Local Government Committee, Assembly Member Rodriguez noted that, "The Gold Line light rail is an economic engine and its future growth is imperative to the development of Inland Empire communities. Since its inception, the Authority s terminus has expanded, requiring an update to the membership of its Board. I am continually excited by the progress being made and look forward to hearing new voices on the Board. Giving Montclair a voting seat is the right thing to do and maintains local control of the Gold Line project." The Foothill Gold Line Construction Authority is presently governed by a 9-member Board of Directors, with 5 voting members and 4 non-voting members. The 5 voting members are appointed by the following entities: City of Pasadena, San Gabriel Valley Council of Governments (SGVCOG), City of Los Angeles, City of South Pasadena and the Los Angeles Metropolitan Transit Authority (Metro). If signed into law by Governor Brown, Montclair would hold a sixth voting seat on the Board an honor not presently granted to any of the other five Phase 2B cities, and to only three other Gold Line cities: Los Angeles, Pasadena, and South Pasadena.

2 The Foothill Gold Line Extension Construction Authority is an independent transportation planning and construction agency, created in 1998 to oversee construction of the light rail from Pasadena to Azusa (Phase 2A) and Glendora to Montclair (Phase 2B) a previous phase, Phase 1, from Los Angeles Union Station to Pasadena was first coordinated by Metro, and then transferred to the Construction Authority upon its creation. The entire 23.9-mile route (Phase 2A and 2B) of the Foothill Gold Line Extension follows the roadbed of the former Atchison, Topeka & Santa Fe Railway's Second Division through the Foothill cities. The route parallels several major roads and highways, including the I-210, Huntington Drive, and Foothill Boulevard. The initial Draft Environmental Impact Report (DEIR) for the Foothill Gold Line Extension was completed in April 2006, and covered the entire corridor between Pasadena and Montclair. The Final Environmental Impact Report (FEIR) study assessed two different construction options: an LRT Full Build alternative which would complete the entire extension to Montclair, and an LRT Build To Azusa alternative, which would extend only to Azusa dubbed Phase 2A. In February 2007, the Foothill Gold Line Extension Construction Authority Board certified the Final EIR and decided to complete the LRT Build to Azusa alternative. In October 2009, the Metro board unanimously voted to include the Foothill Gold Line in its long-range plan, and approved funding for the construction and operation of Phase 2A. Construction began the following summer and was completed in September 2015, with the extension entering service in March The project budget for Phase 2A was $735 million a total that included costs related to construction, purchase of vehicles, financing, administrative costs, and mitigation. Phase 2B from Glendora to Montclair is 12.6 miles long. The alignment will have 6 new Metro stations: Glendora; San Dimas; La Verne; Pomona, at the Pomona (North) Metrolink Station with a connection to the Metrolink San Bernardino Line; Claremont, at the Claremont Metrolink Station with a connection to the Metrolink San Bernardino Line; and Montclair, at the Montclair Transcenter with connections to the Metrolink San Bernardino Line, Foothill Transit Silver to Union Station, Foothill Transit Local Line 690 to Azusa, Omnitrans bus routes 66, 85, 88, and 290, Riverside Transit Agency (RTA) route 204 to downtown Riverside, and proposed shuttle and ride-share services to Ontario International Airport and other destinations. AB 1600 (2012), authored by then State Senator Norma Torres, designated the Montclair Transcenter as the terminus of the Foothill Gold Line Extension. Phase 2B is expected to generate 17,800 daily riders by 2035, with an estimated 5,200 boarding at the Montclair Transcenter. 2

3 Planning for Phase 2B of the Foothill Gold Line Extension began in The Final EIR for the project was certified by the Construction Authority Board of Directors in March 2013, and advanced conceptual engineering began in 2014 Montclair fronted $3 million for SBCTA s share of the cost of the advanced work in order to keep the extension to Montclair viable. In June 2017, the Metro Board of Directors approved a $1.4 billion budget to extend the Gold Line from APU/Citrus College station to Claremont, 11.5 miles to the east. It is expected to cost an additional $78 million to extend the Gold Line from Claremont to Montclair, across the Los Angeles-San Bernardino County lines. The San Bernardino County Transportation Authority (SBCTA) has secured approximately $42 million for construction of the Montclair Segment, with the balance expected from the California State Transportation Agency (CalSTA) through a cap-and-trade grant. Phase 2B of the Gold Line extension is composed of two Design-Build projects: Project 1 is the relocation of Metrolink and freight railroad tracks, which is expected to begin in 2020, following utility realignments. Project 2 is the construction of the light rail line, expected to begin in late 2021, with completion in Total cost of the project is estimated at $1.5 billion. The City of Montclair extends its sincerest appreciation to Assembly Member Rodriguez for his consistent support in advancing the Foothill Gold Line Extension to the Montclair Transcenter. COMMUNITY DEVELOPMENT/ECONOMIC DEVELOPMENT The U.S. Supreme Court heard arguments Tuesday in a case that could determine how much leeway states have in the coming years to collect sales taxes from online retailers. The online publication, Route Fifty, reports that Justices raised questions about when to abandon legal precedent, the respective roles of the court and Congress in shaping the nation s laws, and about more pragmatic matters that have to do with taxation. South Dakota v. Wayfair, Inc. concerns a legal precedent that prevents states from imposing sales taxes on companies that do not have an instate presence, such as a warehouse or employees. The court last affirmed the "physical presence" rule in a 1992 case, Quill Corp. v. North Dakota. Since then, e-commerce has evolved into a roughly $450 billion-per-year sector, creating pressure to revisit the ruling, particularly among states concerned about lost sales tax revenue. The Supreme Court is expected to issue an opinion in Wayfair by the end of June. Notably, Justice Stephen Breyer sounded conflicted over how to best tackle the case. "When I read your briefs, I thought 'absolutely right,'" he said as South Dakota Attorney General Marty Jackley presented his argument. "And then I read through the other briefs, and I thought 'absolutely right,'" Breyer added, according to a transcript of the court proceedings. "And you cannot both be absolutely right." Breyer noted the two sides court filings present wildly different estimates for figures like compliance costs and lost tax revenues. He also questioned how compliance 3

4 costs affect vendors of different sizes. "What does it cost for a mandolin seller who sells mandolins on the internet to sell them in 50 states" he asked. Lisa Soronen, executive director of the State and Local Legal Center, a group that assists state and local governments with Supreme Court litigation, said in an that Breyer s uncertain position would probably not work in favor of discarding the Quill standard. This, she explained, elevates the significance of where Chief Justice John Roberts comes down on the case. Roberts asked questions on both sides of the physical presence rule, Soronen pointed out. Among the issues he raised was whether the issue of uncollected online sales taxes had "peaked." Soronen noted in her that three of the nine justices Anthony Kennedy, Neil Gorsuch and Clarence Thomas have previously signaled possible support for discarding Quill. Justice Ruth Bader Ginsburg appeared to be in the same camp on Tuesday. Justice Sonia Sotomayor, on the other hand, sounded skeptical about reversing the physical presence rule. "I'm concerned about the many unanswered questions that overturning precedents will create a massive amount of lawsuits about," she said. Sotomayor zeroed in at one point on whether states would seek to apply sales tax retroactively to past internet sales transactions if Quill is nixed. The South Dakota law that prompted the Wayfair case specifically says it is not to be applied to past sales. But Wayfair and the other companies in the case have argued that the risk of retroactive taxation by other states and localities would present a crippling liability for companies if the physical presence standard were to be cast aside by the court. Jackley said in his argument that 38 states have indicated their laws would prevent taxation on past transactions. "The states don t want to address this retroactively," he added. HUMAN SERVICES DEPARTMENT On Monday, in recognition of Volunteer Week, the City of Montclair honored outstanding volunteers from community organizations that serve Montclair. Sponsored by Montclair's Community Activities Commission, the 32 nd Annual Volunteer of the Year Program was held during the City Council meeting. Eight organizations submitted nine nominations for the award. Three individuals from surrounding communities served as judges and, from the nominations, selected a Volunteer of the Year, First Runner-Up, and Second Runner-Up. The Volunteer of the Year is Carmen Velasco. She was nominated by the Montclair Senior Center. Ms. Velasco volunteers for almost every program the Senior Center offers. Whether she is serving meals at the Nutrition Program, setting up for the monthly birthday parties, or folding over 400 monthly senior newsletters, Ms. Velasco assists wherever and whenever she is needed. Always kind and professional, she goes out of her way to help frail recipients carry their belongings and packages to their cars. In addition, Ms. Velasco is a member of the Montclair 4

5 Walkers Club; a singer with the Walkers Choral Group; and a supporter, advocate, translator, and cheerleader for all who visit the Senior Center. First Runner-Up is Lynn Sloan, nominated by Montclair Meals on Wheels. For the past two years, Ms. Sloan has served as the program coordinator. Her responsibilities include interviewing all new recipients in their homes; reviewing program policies, menus, and dietary needs with prospective recipients; scheduling volunteers; coordinating meal counts with the caterer; and making changes as recipients come on and go. In addition, she s daily schedules to the volunteer drivers and is a volunteer driver herself, using her own vehicle, one day a week. Miriam Jackson is Second Runner-Up, nominated by Vernon Middle School. On the school site level, she serves as the visual and performing arts booster club president, school site council member, and has been an integral parent volunteer on the school s performance of the Lion King Jr. On an Ontario-Montclair School District level, she has assisted with the annual parent conference and served as a parent representative on several interview panels for the school district. In addition, she is always willing to assist the school at events and on committees when needed. Other nominees: Nominated by: Adam Smith - Montclair Code Enforcement Unit Andrea Phillips - Montclair-Ontario Junior Women s Club Jason Hernandez - Montclair Code Enforcement Unit Kori Bernatzke - Project Sister Family Services Laurey Neuer - Montclair Youth Center Virgel Mabini - Hope Through Housing Foundation Photos are featured on Page 10. On Wednesday at the Soroprtimist International of Montclair/Inland Valley's 27 th Annual Prism Award Luncheon, the Senior Citizens Program was honored with the President's Award. The award was accepted by Senior Citizens Supervisor Ester Vargas Pipersky. The Senior Citizens Program was nominated by Soroptimist president, Virginia Riley, who remarked on the program's growth over the past 40-plus years. The Montclair Senior Center, which opened in 2010 thanks to Measure F funding, now includes a popular senior lunch program, the Montclair Walkers, the Golden Express Senior Transportation Program, and many other weekly programs and activities. 5

6 From left: Council Member Bill Ruh, Senior Recreation Specialist Toni Carrillo, Senior Citizens Supervisor Ester Vargas Pipersky, Council Member Trisha Martinez, Soroptimist president Virginia Riley, Transportation Coordinator Yolonda Reyes, and Director of Human Services Marcia Richter The Mayor s Annual Prayer Luncheon will be held Thursday, May 4 from 11:30 a.m. to 1 p.m. in the Montclair Community Center. The cost to attend is $15 per person. Tables that seat eight may be purchased for $150. A catered lunch will be served. To make a reservation, please contact the Montclair Chamber of Commerce at , or info@montclairchamber.com. Please note that the Mayor s Prayer Luncheon is not a City-sponsored event. Attendees are requested to forward payment to the Montclair Chamber of Commerce. A reservation made is a reservation paid, even if you are unable to attend. For additional information, please refer to the flyer on Page 11. 6

7 POLICE DEPARTMENT The Montclair Police Department recently concluded the successful prosecution of a double homicide that occurred in February The incident consisted of a gruesome execution-style crime where two victims died and a third victim survived. The investigation led Montclair Police Detectives to identify and arrest two suspects responsible for the murders. The first suspect pled to the crime in 2015 and is serving a life sentence in prison. The second suspect did not plead guilty, and the case went to trial in August The case was presented in court and tried for seven weeks. In September, the final verdict was a mistrial due to a hung jury. The case was additionally complicated by two jurors who were conspiracy theorists. The case was retried in February 2018 and lasted five weeks. The second trial was a success with a jury that unanimously found the defendant guilty on two counts of murder, one count of attempted murder, and three counts of armed robbery with all gang enhancements applicable. As a result, the suspect was sentenced to three life sentences which will run consecutively, and the gang enhancements will run concurrent with the life sentences. Chief Robert Avels and I would like to thank all the Detectives and Officers that were involved in the case from the very beginning. However, special recognition goes to Officer Gloria Perez who worked the case tirelessly from the date it occurred through both trials. During both trials, Officer Perez was assigned as the investigating officer and worked hand-in-hand with the prosecuting attorneys on a daily basis. ECS:spa The hardest thing to understand in the world is the income tax. ~ Albert Einstein 7

8 APRIL Public Works Committee Meeting City Hall Conference Room 4:00 p.m. 22 Earth Day Planning Commission Meeting - Canceled Metro Acura Grand Re-Opening 9377 Autoplex Street, Montclair Ribbon Cutting Ceremony Performance Fitness Training Center, 4439 Mission Boulevard, #H Planning Commission "Special" Meeting 6:00 p.m. Noon 8

9 MAY Community Activities Commission Meeting National Day of Prayer Mayor's Luncheon Montclair Community Center City Council Workshop San Bernardino County Transportation Authority Presentation City Council Meeting 11:30 a.m. 5:45 p.m. 13 Mother's Day Planning Commission Meeting City Manager's Staff Meeting City Hall Conference Room Safety Committee Meeting South Conference Room Public Works Committee Meeting City Hall Conference Room Real Estate Committee Meeting City Hall Conference Room Code Enforcement/Public Works Committee Meeting City Hall Conference Room City Council Meeting Montclair Police Department Recognition Luncheon Community Center 9:00 a.m. 10:30 a.m. 4:00 p.m. 6:00 p.m. 6:30 p.m. 11:30 a.m. 28 Memorial Day City Offices Closed 29 Planning Commission Meeting 9

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