CITY OF MONTCLAIR
CITY COUNCIL
SUCCESSOR REDEVELOPMENT AGENCY,
MONTCLAIR HOUSING CORPORATION, MONTCLAIR
HOUSING AUTHORITY, AND MONTCLAIR COMMUNITY
FOUNDATION MEETINGS
AGENDA PACKET
Monday, October 20, 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
Benjamin “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, October 20, 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 time 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
A. Presentation by Executive Director of Animal Resource Center of the Inland Empire 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 Page No.
A. First Reading — Consider Ordinance No. 25–1014 Amending the Zoning Code and Repealing and Replacing Chapter 11.23 of the Montclair Municipal Code Relating to Accessory Dwelling Units and Junior Accessory Dwelling Units in Residential Zones (Case No. 2025–03) [CC]
Consider Setting a Public Hearing for Second Reading and to Consider Adoption of Ordinance No. 25–1014 on Monday, November 3, 2025, at 7:00 p.m. in the City Council Chambers [CC] 5
B. Second Reading — Consider Adoption of Ordinance No. 25–1015 Amending the North Montclair Downtown Specific Plan to Allow Medical Uses Within the Station District Land Use Zone (Case No. 2025–06) [CC] 18
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MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 1 of 124 Page No.
VIII. CONSENT CALENDAR
A. Approval of Minutes
1. Regular Joint Meeting — September 2, 2025 [CC/SA/MHC/MHA/MCF] 120 B. Administrative Reports
1. Consider Approval of Warrant Register and Payroll Documentation [CC] 28
2. Consider Authorizing the Purchase of Whole Turkeys, and Assorted Items for the Montclair Holiday Food and Toy Basket Program [MCF] 29 C. Agreements
1. Consider Approval of Agreement No. 25–51, a Memorandum of Understanding with the Montclair City Confidential Employees’ Association for the Period of July 1, 2025, to June 30, 2026 [CC] Consider Approval of Agreement No. 25–62, a Memorandum of Understanding with the Montclair Police Officers’ Association for the Period of July 1, 2025, to December 31, 2026 [CC]
Consider Approval of Agreement No. 25–69, a Labor Agreement for Management (Nonsafety and Safety) Employees Regarding the Terms and Conditions of Employment for the Period of July 1, 2025, to June 30, 2026 [CC]
Consider Approval of Agreement No. 25–70, a Labor Agreement for Executive Management Employees Regarding the Terms and Conditions of Employment for the Period of July 1, 2025, to June 30, 2026 [CC] Consider Approving the Transfer of the Appropriate Additional Compensation from the Personnel Adjustment Reserve Fund to the General Operating Fund [CC] 30
2. Consider Approval of Agreement No. 25–65 with Kaiser Foundation Hospitals to Accept a Grant Award in the Amount of $10,000 to Support the Montclair to College Program [MCF]
Consider Authorizing up to $10,000 in Expenditures Related to Agreement No. 25–65 [MCF]
Consider Authorizing MCF Executive Director Edward C. Starr to Sign Agreement No. 25–65 [MCF] 35
3. Consider Approval of Agreement No. 25–66 with the Metropolitan Water District of Southern California to Participate in the Water Savings Incentive Program (WSIP) Funding Opportunity in Partnership with the Monte Vista Water District, and to Accept WSIP Funding in the Amount of $119,949.80 for the Purchase of a Pump Pod DRAFTS Unit for the Fire Department [CC]
Consider Authorizing a $21,844 Allocation from the General Fund to Cover the 20 Percent Rebate–Reimbursable Fee Required by the Program [CC]
Consider Authorizing City Manager Edward C. Starr to Execute all Documents Related to Participation in the Incentive Program [CC] 42 MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 2 of 124 Page No.
4. Consider Approval of Agreement No. 25–67 with the Department of Homeland Security, Federal Emergency Management Agency to Accept a Staffing for Adequate Fire and Emergency Response (SAFER) Grant in the Amount of $443,796 to Hire Two Full–Time Firefighter–Paramedics [CC] Consider Authorizing a $443,796 Appropriation from the Public Safety Grant Fund to Cover a Portion of Salaries and Benefits for Two Newly Hired Firefighter Paramedics Over a Three–Year Period [CC] Consider Authorizing Administrative Specialist Amanda Romano to Accept the Grant Award and Terms in the FEMA Online Portal [CC] 49 D. Resolutions
1. Consider Adoption of Resolution No. 25–3498 Authorizing Placement of Liens on Certain Properties for Delinquent Sewer and Trash Charges [CC] 77
2. Consider Adoption of Resolution No. 25–3500 Authorizing the Salaries and Classification Titles for City Employees on a Consolidated Salary Schedule [CC] 83
3. Consider Adoption of Resolution No. 25–3501 Approving Agreement No. 25–68 with the State of California for Receipt of the 2026 ABC–OTS Local Law Enforcement Grant to Address Underage Drinking and Alcohol– Related Harm [CC]
Consider Authorizing City Manager Edward C. Starr to Sign Agreement No. 25–68 [CC]
Consider Authorizing a $24,000 Appropriation from the Public Safety Grant Fund to Cover 2026 ABC–OTS Grant Program Activities [CC] 106 IX. PULLED CONSENT CALENDAR ITEMS
X. COUNCIL WORKSHOP
A. Federal Legislative Advocate Presentation by David Turch & Associates (The City Council may consider continuing this item to an adjourned meeting on Monday, November 3, 2025, at 5:45 p.m. in the City Council Chambers) XI. COMMUNICATIONS
A. Department Reports
1. Human Services — Upcoming Events
B. City Attorney
1. Request to Meet in Closed Session Pursuant to Government Code §54956.9(d)(4) Regarding Potential Litigation [CC]
One Case
2. Request to Meet in Closed Session Pursuant to Government Code §54956(d)(1) Regarding Pending Litigation [CC]
Ibanez v. Montclair
MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 3 of 124 Page No.
3. Request to Meet in Closed Session Pursuant to Government Code §54956.8 Regarding Real Property Negotiations [CC]
Property: APN 1010–313–02–0000
Negotiating Parties: City of Montclair, First United Methodist Church of Montclair City Negotiator: Edward C. Starr, City Manager
Under Negotiation: Recommendations Regarding Purchase Price C. City Manager/Executive Director
D. Mayor/Chairperson
E. Council Members/Directors
F. Committee Meeting Minutes (for informational purposes only)
1. Personnel Committee Meeting — September 15, 2025 [CC] 119 XII. CLOSED SESSION
XIII. CLOSED SESSION ANNOUNCEMENTS
XIV. ADJOURNMENT
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 Monday, November 3, 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, October 9, 2025.
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CITY COUNCIL
AGENDA REPORT
DATE: OCTOBER 20, 2025
SECTION: PUBLIC HEARINGS
ITEM NO.: A
FILE I.D.: CDV110
DEPT.: COMMUNITY DEV.
PREPARER: S. GUTIERREZ
SUBJECT: FIRST READING — CONSIDER ORDINANCE NO. 25–1014 AMENDING THE ZONING CODE AND REPEALING AND REPLACING CHAPTER 11.23 OF THE MONTCLAIR
MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS IN RESIDENTIAL ZONES (CASE NO. 2025–03)
CONSIDER SETTING A PUBLIC HEARING FOR SECOND READING AND TO CONSIDER ADOPTION OF ORDINANCE NO. 25–1014 ON MONDAY, NOVEMBER 3, 2025, AT 7:00 P.M. IN THE CITY COUNCIL CHAMBERS
REASON FOR CONSIDERATION: The City Council is requested to consider Ordinance No. 25–1014 amending the Montclair Municipal Code (MMC) and the Zoning Code. The proposed amendments aim to update existing regulations to ensure compliance with Government Code section 66310 et seq. related to Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) constructed in the City.
Amending the MMC is required to be consistent with recent State legislation regarding Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) developed within the City. The ordinance complies with Government Code Sections 65852.2 and 65852.22 et seq., as amended by recent legislation, including Assembly Bill (AB) 2533 and Senate Bill (SB) 1211.
BACKGROUND: In recent years, the California Legislature has approved, and the Governor has signed into law, a number of bills that, among other things, amended various sections of the Government Code to impose new limits on local authority to regulate ADUs and JADUs. In 2024, the California Legislature approved, and the Governor signed into law, two new bills — AB 2533 and SB 1211 — that further amend state ADU law, as summarized below.
AB 2533 – Unpermitted ADUs and JADUs
Under existing state law, cities are generally prohibited from denying a permit to legalize an unpermitted ADU constructed before January 1, 2018, if the basis for denial is noncompliance with applicable building, state, or local ADU standards. An exception allows denial if the city makes a written finding that correction of the violation is necessary to protect public or occupant health and safety.
AB 2533 modifies these provisions by:
Expanding the legalization protections to also include Junior ADUs (JADUs); Extending the construction cutoff date from January 1, 2018, to January 1, 2020; and
Replacing the existing health and safety exception with a narrower requirement that denial may only occur if the city determines correction is necessary to comply with Health and Safety Code Section 17920.3 (Substandard Buildings). (See amended Gov. Code, § 66332(a)–(f))
MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 5 of 124 SB 1211 – ADUs in Multifamily Developments
Replacement Parking
Existing law prohibits a city from requiring replacement of off–street parking spaces when a garage, carport, or covered parking structure is demolished or converted to accommodate an ADU.
SB 1211 expands this prohibition to also include uncovered parking spaces. Cities may no longer require replacement parking when an uncovered parking space is demolished for, or replaced with, an ADU. (Refer to amended Gov. Code § 66314(d)(11))
Livable Space Definition
State law currently requires ministerial approval of ADUs located within “portions of existing multifamily dwelling structures that are not used as livable space,” such as storage rooms, attics, basements, or garages. However, “livable space” was previously undefined.
SB 1211 clarifies this by defining livable space as “A space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.” (Refer to amended Gov. Code § 66313(e))
Detached ADUs on Multifamily Lots
Existing law allows a lot with an existing or proposed multifamily dwelling to include up to two detached ADUs.
SB 1211 increases the limit for lots with an existing multifamily dwelling to allow up to eight detached ADUs, or up to the number of primary dwelling units on the lot, whichever is less. The limit for lots with a proposed multifamily dwelling remains unchanged at two detached ADUs. (Refer to amended Gov. Code § 66323(a)(4))
Both AB 2533 and SB 1211 took effect January 1, 2025. To remain valid, the City’s ADU Ordinance must comply with requirements imposed by AB 2533 and SB 1211. Adopting the proposed ordinance (Exhibit A to Attachment 1) ensures that the City’s ADU ordinance will be valid under AB 2533 and SB 1211.
The Planning Commission considered the proposed Ordinance during a noticed public hearing at its regular meeting on June 9, 2025, with the item continued to June 23, 2025.
Following review of the staff report and draft ordinance, and after opening the hearing for public testimony (with no comments received), the Commission voted 5–0 to recommend City Council approval of the proposed Ordinance, as set forth in Planning Commission Resolution No. 25–1995.
During the Planning Commission hearing, Vice Chair Sanchez inquired about the treatment of tiny homes, to which Community Development Director Diaz clarified that manufactured homes would continue to be allowed under the updated code. Chair Martinez requested clarification regarding requirements for existing unpermitted garage conversions, and Director Diaz confirmed that such conversions must comply with applicable building and zoning code requirements. Commissioner Johnson asked about the conversion of storage sheds, and Director Diaz explained that the code allows a storage area within a multifamily residential apartment building to be converted into an attached ADU.
MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 6 of 124 Notice of this City Council public hearing was published in the Inland Valley Daily Bulletin on September 12, 2025. The notice meets the legal notice requirements. No public comments were received prior to or during the Planning Commission review, nor have any been submitted to date.
Under Section 21080.17 of the California Public Resources Code (PRC), adoption of the proposed Ordinance is statutorily exempt from the California Environmental Quality Act (CEQA). Under PRC Section 21080.17, CEQA does not apply to the adoption of an ordinance by a city or county to implement the provisions of Section 66310 et seq. of the Government Code (State ADU law). The proposed Ordinance implements Government Code Section 66310 et seq. within the City of Montclair in a manner that is consistent with the requirements of State ADU law.
FISCAL IMPACT: The cost for review of future ADU and JADU proposals will be borne by property owners (applicants) at the fee established for review and permits as listed on the City’s Master User Fee Schedule, which is approved and amended from time to time by the City Council.
RECOMMENDATION: Staff recommends the City Council take the following actions:
1. Introduce and conduct the first reading of Ordinance No. 25–1014 amending the Zoning Code and repealing, and replacing Chapter 11.23 of the Montclair Municipal Code relating to Accessory Dwelling Units and Junior Accessory Dwelling Units in residential zones (Case No. 2025–03).
2. Set a public hearing for second reading and to consider adoption of Ordinance No. 25–1014 on Monday, November 3, 2025, at 7:00 p.m. in the City Council Chambers.
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Ordinance No. 25–1014 Page 1 of 10
ORDINANCE NO. 25–1014
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MONTCLAIR AMENDING CHAPTER 11.23 OF TITLE 11 OF
THE MONTCLAIR MUNICIPAL CODE RELATING TO
ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY
DWELLING UNITS AND FINDING THE ACTION TO BE
STATUTORILY EXEMPT FROM CEQA UNDER PUBLIC
RESOURCES CODE § 21080.17
WHEREAS, the City of Montclair, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, state law authorizes cities to act by ordinance to provide for the creation and regulation of accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”); and
WHEREAS, in recent years, the California Legislature has approved, and the Governor has signed into law, numerous bills that, among other things, amend various sections of the Government Code to impose new limits on local authority to regulate ADUs and JADUs; and
WHEREAS, in 2024, the California Legislature approved, and the Governor signed into law, Assembly Bill 2533 (“AB 2533”) and Senate Bill 1211 (“SB 1211”), which further amend state ADU law; and
WHEREAS, AB 2533 and SB 1211 took effect on January 1, 2025, and for the City’s ADU ordinance to remain valid, it must be amended to reflect the requirements of AB 2533 and SB 1211; and
WHEREAS, the City desires to amend its local regulatory scheme for the construction of ADUs and JADUs to reflect AB 2533’s and SB 1211’s changes to state law; and
WHEREAS, on June 9, 2025, at a duly noticed public meeting, the Planning Commission received a staff report recommending continuation of Draft Ordinance 25– 1014 to allow staff additional time to refine the code amendment text.
WHEREAS, on June 23, 2025, at a duly noticed public meeting, the Planning Commission considered all written and oral testimony presented regarding the proposed. Following the public hearing, the Planning Commission voted to forward the Ordinance to the City Council with a recommendation in favor of its adoption; and WHEREAS, on October 20, 2025, the City Council held a duly–noticed public hearing to consider the Ordinance, including: (1) the public testimony and agenda reports prepared in connection with the Ordinance, (2) the policy considerations discussed therein, and (3) the consideration and recommendation by the City’s Planning Commission; and
WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.
NOW, THEREFORE, the City Council of the City of Montclair does ordain as follows:
SECTION 1. Incorporation. The recitals above are each incorporated by reference and adopted as findings by the City Council.
SECTION 2. CEQA. Under California Public Resources Code § 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California’s ADU law and which also regulates JADUs, as defined by section 66313. Therefore, adoption of the Ordinance is statutorily exempt from CEQA in that it implements state ADU law.
SECTION 3. General Plan. The City Council hereby finds that the adoption of the Ordinance is consistent with the General Plan as a matter of law under Gov. Code § 66314(c).
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Ordinance No. 25–1014 Page 2 of 10
SECTION 4. Code Amendment. Title 11 Section 11.23 of the Montclair Municipal Code is hereby amended and restated to read in its entirety as provided in “Exhibit A,” attached hereto and incorporated herein by reference.
SECTION 5. Effective Date. This Ordinance takes effect 30 days after its adoption.
SECTION 6. HCD Submittal. In accordance with Gov. Code § 66326, the City Clerk is directed to submit a copy of this Ordinance to the California Department of Housing and Community Development within 60 days after adoption.
SECTION 7. Publication. The City Clerk is directed to certify to the adoption of this Ordinance and post or publish this Ordinance as required by law.
SECTION 8. Custodian of Records. The custodian of records for this Ordinance is the City Clerk and the records comprising the administrative record are located at 5111 Benito Street.
SECTION 9. Severability. If any provision of this Ordinance or its application to any person or circumstance is held to be invalid by a court of competent jurisdiction, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof.
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 the foregoing is a true and correct copy of Ordinance No. 25–1014 of said City, which was introduced at a regular meeting of the City Council held on the XX day of XX, 2025, and finally passed not less than five (5) days thereafter on the XX day of XX, 2025, by the following vote, to–wit:
AYES: XX
NOES: XX
ABSTAIN: XX
ABSENT: XX
Andrea M. Myrick
City Clerk
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EXHIBIT A
Ordinance No. 25–1014 Page 3 of 10
MONTCLAIR MUNICIPAL CODE AMENDMENTS
RELATED TO ADUS AND JADUS
Title 11 – ZONING AND DEVELOPMENT
Chapter 11.23 – ACCESSORY DWELLING UNITS
11.23.010 — Purpose.
The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Chapter 13 of Division 1 of Title 7 of the California Government Code.
11.23.020 — Effect of Conforming.
An ADU or JADU that conforms to the standards in this section will not be:
A. Deemed to be inconsistent with the city’s general plan and zoning designation for the lot on which the ADU or JADU is located.
B. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.
C. Considered in the application of any local ordinance, policy, or program to limit residential growth.
D. Required to correct a nonconforming zoning condition, as defined in subsection
11.23.030(H) below. This does not prevent the city from enforcing compliance with applicable building standards in accordance with Health and Safety Code § 17980.12.
11.23.030 — Definitions.
As used in this section, terms are defined as follows:
A. “Accessory dwelling unit” or “ADU” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:
1. An efficiency unit, as defined by section 17958.1 of the California Health and Safety Code; and
2. A manufactured home, as defined by section 18007 of the California Health and Safety Code.
B. “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
C. “Complete independent living facilities” means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single–family or multifamily dwelling is or will be situated.
D. “Efficiency kitchen” means a kitchen that includes all of the following:
1. A cooking facility with appliances.
2. A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.
E. “Junior accessory dwelling unit” or “JADU” means a residential unit that satisfies all of the following:
1. It is no more than 500 square feet in size.
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EXHIBIT A
Ordinance No. 25–1014 Page 4 of 10
2. It is contained entirely within an existing or proposed single–family structure.
An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single–family structure.
3. It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single–family structure.
4. If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single– family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.
5. It includes an efficiency kitchen, as defined in subsection 11.23.030(D).
F. “Livable space” means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
G. “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
H. “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.
I. “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
J. “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
K. “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
L. “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
11.23.040 — Approvals.
The following approvals apply to ADUs and JADUs under this section:
A. Building–permit only. If an ADU or JADU complies with each of the general requirements in section 11.23.040 below, it is allowed with only a building permit in the following scenarios:
1. Converted on Single–family Lot: One ADU as described in this subsection and one JADU on a lot with a proposed or existing single–family dwelling on it, where the ADU or JADU:
a. Is either: within the space of a proposed single–family dwelling; within the existing space of an existing single–family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and
b. Has exterior access that is independent of that for the single– family dwelling; and
c. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
d. The JADU complies with the requirements of Gov. Code §§ 66333 through 66339.
2. Limited Detached on Single–family Lot: One detached, new–construction ADU on a lot with a proposed or existing single–family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection
11.23.040(A)(1) above), if the detached ADU satisfies each of the following limitations:
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EXHIBIT A
Ordinance No. 25–1014 Page 5 of 10
a. The side– and rear–yard setbacks are at least four feet. b. The total floor area is 800 square feet or smaller.
c. The peak height above grade does not exceed the applicable height limit in subsection 11.23.040(A)(4)(b) below.
3. Converted on Multifamily Lot: One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this section 11.23.040, at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units.
4. Limited Detached on Multifamily Lot: No more than two detached ADUs on a lot with a proposed multifamily dwelling, or up to eight detached ADUs on a lot with an existing multifamily dwelling, if each detached ADU satisfies all of the following:
a. The side– and rear–yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU.
b. The peak height above grade does not exceed the applicable height limit provided in subsection 11.23.050(B) below.
c. If the lot has an existing multifamily dwelling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot.
B. ADU Permit.
1. Except as allowed under subsection 11.23.040(A) above, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in sections 11.23.50 and 11.23.060 below.
2. The city may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the city’s ADU ordinance. The ADU–permit processing fee is determined by the Director of Community Development and approved by the City Council by resolution.
C. Process and Timing.
1. An ADU permit is considered and approved ministerially, without discretionary review or a hearing.
2. The city must approve or deny an application to create an ADU or JADU within 60 days from the date that the city receives a completed application. If the city has not approved or denied the completed application within 60 days, the application is deemed approved unless either:
a. The applicant requests a delay, in which case the 60–day time period is tolled for the period of the requested delay, or
b. When an application to create an ADU or JADU is submitted with a permit application to create a new single–family or multifamily dwelling on the lot, the city may delay acting on the permit application for the ADU or JADU until the city acts on the permit application to create the new single– family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.
3. If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60– day time period established by subsection 11.23.040(C)(2) above.
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EXHIBIT A
Ordinance No. 25–1014 Page 6 of 10
4. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.
11.23.050 — General ADU and JADU Requirements.
The following requirements apply to all ADUs and JADUs that are approved under subsections 11.23.040(A) or 11.24.030(B) above:
A. Zoning.
1. An ADU subject only to a building permit under subsection 11.23.040(A) above may be created on a lot in a residential or mixed–use zone.
2. An ADU subject to an ADU permit under subsection 11.23.040(B) above may be created on a lot that is zoned to allow single–family dwelling residential use or multifamily dwelling residential use.
3. In accordance with Government Code § 66333(a), a JADU may only be created on a lot zoned for single–family residences.
B. Height.
1. Except as otherwise provided by subsections 11.23.050(B)(2) and
11.23.050(B)(3) below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed 16 feet in height.
A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one–half mile walking distance of a major transit stop or high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
2. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.
3. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection (B)(3) may not exceed two stories.
4. For purposes of this subsection 11.23.050(B), height is measured from existing legal grade or the level of the lowest floor, whichever is lower, to the peak of the structure.
C. Fire Sprinklers.
1. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.
2. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
D. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days.
This prohibition applies regardless of when the ADU or JADU was created.
E. No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Gov. Code § 66341, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single– family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).
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EXHIBIT A
Ordinance No. 25–1014 Page 7 of 10
F. Septic System. If the ADU or JADU will connect to an onsite wastewater– treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.
G. Owner Occupancy.
1. ADUs created under this section on or after January 1, 2020 are not subject to an owner–occupancy requirement.
2. As required by state law, all JADUs are subject to an owner– occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person’s legal domicile and permanent residence. However, the owner–occupancy requirement in this subsection 11.23.050(G) does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.
H. Deed Restriction. Prior to issuance of a certificate of occupancy for an JADU, a deed restriction must be recorded against the title of the property in the County Recorder’s office and a copy filed with the Director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide that:
1. The JADU may not be sold separately from the primary dwelling.
2. The JADU is restricted to the approved size and to other attributes allowed by this section.
3. The deed restriction runs with the land and may be enforced against future property owners.
4. The deed restriction may be removed if the owner eliminates the JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the JADU has been eliminated. Appeal may be taken from the Director’s determination consistent with other provisions of this Code. If the JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.
5. The deed restriction is enforceable by the director or his or her designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the JADU in violation of the recorded restrictions or abatement of the illegal unit.
I. Building & Safety.
1. Must comply with building code. Subject to subsection 11.23.050(I)(2) below, all ADUs and JADUs must comply with all local building code requirements.
2. No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or Code Enforcement Division officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection
11.23.050(I)(2) prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.
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EXHIBIT A
Ordinance No. 25–1014 Page 8 of 10
11.23.060 — Specific ADU Requirements.
The following requirements apply only to ADUs that require an ADU permit under section
11.23.040.
A. Maximum Size.
1. The maximum size of a detached or attached ADU subject to this subsection
11.23.060(A) is 850 square feet for a studio or one–bedroom unit and 1,000 square feet for a unit with two or more bedrooms.
2. An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling.
3. Application of other development standards in this section 11.23.060, such as lot coverage, might further limit the size of the ADU, but no application of the percent–based size limit in subparagraph (A)(2) above, front setback, lot coverage limit, or open–space requirement may require the ADU to be less than 800 square feet.
B. Setbacks.
1. ADUs that are subject to this subsection 11.23.060(B) must conform to 4–foot side and rear setbacks. ADUs that are subject to this subsection
11.23.060(B) must conform to 25–foot front setbacks.
2. No setback is required for an ADU that is subject to this subsection
11.23.060(B) if the ADU is constructed in the same location and to the same dimensions as an existing structure.
C. Lot Coverage. No ADU subject to this subsection 11.23.060(B) may cause the total lot coverage of the lot to exceed 35 percent, subject to subsection
11.23.060(A)(3) above.
D. Minimum Open Space. No ADU subject to this subsection 11.23.060(B) may cause the total percentage of open space of the lot to fall below 50 percent, subject to subsection 11.23.060(A)(3) above.
E. Passageway. No passageway, as defined by subsection 11.23.030(I) above, is required for an ADU.
F. Parking.
1. Generally. One off–street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by subsection 11.23.030(L) above.
2. Exceptions. No parking under subsection 11.23.060(F)(1) is required in the following situations:
a. The ADU is located within one–half mile walking distance of public transit, as defined in subsection 11.23.030(K) .
b. The ADU is located within an architecturally and historically significant historic district.
c. The ADU is part of the proposed or existing primary residence or an accessory structure under subsection 11.23.060(A).
d. When on–street parking permits are required but not offered to the occupant of the ADU.
e. When there is an established car share vehicle stop located within one block of the ADU.
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EXHIBIT A
Ordinance No. 25–1014 Page 9 of 10
f. When the permit application to create an ADU is submitted with an application to create a new single–family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections 11.23.060(F)(2)(a) through (e) .
3. No Replacement. When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off–street parking spaces are not required to be replaced.
G. Architectural Requirements.
1. The materials and colors of the exterior walls, roof, and windows and doors must be the same as those of the primary dwelling.
2. The roof slope of the ADU must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.
3. Exterior lighting must be limited to down–lights or as otherwise required by the building or fire code.
4. The ADU must have an independent exterior entrance, apart from that of the primary dwelling.
5. The interior horizontal dimensions of an ADU must be at least 10 feet wide in every direction, with a minimum interior wall height of seven feet.
6. Habitable rooms shall have a floor area of not less than 70 square feet with horizontal dimensions not less than 7 feet. Ceiling heights shall not be less than 7 feet with the exception of bathrooms and laundry rooms can have a ceiling height of 6’–3”.
7. No window or door of the ADU may have a direct line of sight to an adjoining residential property. Each window and door must either be located where there is no direct line of sight or screened using fencing, landscaping, or privacy glass to prevent a direct line of sight.
8. All windows and doors in an ADU less than 30 feet from a property line that is not a public right–of–way line must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
H. Landscape Requirements. Evergreen landscape screening must be planted and maintained between the ADU and adjacent parcels as follows:
1. At least one 15–gallon size plant must be provided for every five linear feet of exterior ADU wall. Alternatively, at least one 24” box size plant must be provided for every ten linear feet of exterior ADU wall.
2. Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least six feet in height may be installed.
3. All landscaping must be drought–tolerant.
I. Historical Protections. An ADU that is on or within 600 feet of real property that is listed in the California Register of Historic Resources must be located so as to not be visible from any public right–of–way.
J. Allowed Stories. No ADU subject to this section 11.23.060 may have more than one story, except that an ADU that is attached to the primary dwelling may have the stories allowed under subsection 11.23.060(A)(3) of this section 11.23.060.
11.23.070 — Fees.
The following requirements apply to all ADUs that are approved under subsections 11.23.040(A) or 11.23.040(B) above.
A. Impact Fees.
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EXHIBIT A
Ordinance No. 25–1014 Page 10 of 10
1. No impact fee is required for an ADU that is less than 750 square feet in size.
For purposes of this subsection 11.23.070(A), “impact fee” means a “fee” under the Mitigation Fee Act (Gov. Code § 66000(b)) and a fee under the Quimby Act (Gov. Code § 66477). “Impact fee” here does not include any connection fee or capacity charge for water or sewer service.
2. Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (e.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.)
B. Utility Fees.
1. If an ADU is constructed with a new single–family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.
2. Except as described in subsection 11.23.070(B)(1), converted ADUs on a single– family lot that are created under subsection 11.23.070(A)(1) above are not required to have a new or separate utility connection directly between the ADU and the utility. Nor is a connection fee or capacity charge required.
3. Except as described in subsection 11.23.070(B)(1), all ADUs that are not covered by subsection 11.23.070(B)(2) require a new, separate utility connection directly between the ADU and the utility for any utility that is provided by the city. All utilities that are not provided by the city are subject to the connection and fee requirements of the utility provider. a. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage–fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system. b. The portion of the fee or charge that is charged by the city may not exceed the reasonable cost of providing this service.
11.23.080 — Nonconforming Zoning Code conditions, Building Code violations, and unpermitted structures.
A. Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.
B. Unpermitted ADUs and JADUs constructed before 2020.
1. Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if denial is based on either of the following grounds:
a. The ADU or JADU violates applicable building standards, or b. The ADU or JADU does not comply with state ADU or JADU law or this ADU ordinance (Chapter 11.23).
2. Exceptions:
a. Notwithstanding subsection 11.23.080(A) above, the city may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the city makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code § 17920.3.
b. Subsection 11.23.080(A) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code § 17920.3.
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CITY COUNCIL
AGENDA REPORT
DATE: OCTOBER 20, 2025
SECTION: PUBLIC HEARINGS
ITEM NO.: B
FILE I.D.: LDU457
DEPT.: COMMUNITY DEV.
PREPARER: M. DIAZ
SUBJECT: SECOND READING – CONSIDER ADOPTION OF ORDINANCE NO. 25–1015 AMENDING
THE NORTH MONTCLAIR DOWNTOWN SPECIFIC PLAN TO ALLOW MEDICAL USES WITHIN THE STATION DISTRICT LAND USE ZONE (CASE NO. 2025–06) REASON FOR CONSIDERATION: The City Council is requested to consider adoption of Ordinance No. 25–1015 amending the North Montclair Downtown Specific Plan (NMDSP) to allow medical uses within the plan’s Station District land use zone. Amending the Official Zoning Map requires a City Council ordinance.
On August 11, 2025, the Montclair Planning Commission, by a vote of 5–0, approved Planning Commission Resolution No. 25–2010 recommending City Council adoption of the proposed specific plan amendment. On September 15, 2025, the City Council conducted a public hearing at which time all persons wishing to testify in connection with the proposed ordinance were heard, and the item was fully studied. The City Council then moved to set October 20, 2025, as the date for the second reading and to consider adoption of Ordinance No. 25–1015.
A copy of proposed Ordinance No. 25–1015 is attached for City Council review and consideration.
BACKGROUND: The proposed specific plan amendment was initiated at the request of Village Partners Ventures LLC, the developer of the Village at Montclair, a mixed–use development project, located on the north side of the Arrow Highway and Fremont Avenue intersection. The project is located in the Station District zone of the NMDSP (Exhibit A) and is nearing completion. The developers want to fill a portion of their mixed–use lease space with a dental practice, which is currently not permitted in the Station District of the NMDSP.
Proposed Ordinance No. 25–1015 would amend the land use section of the NMDSP to allow “Medical Services – Doctor/Dentist Office” as a permitted use within the plan’s Station District (SD) zone. The amendment would revise Table 5–2, Allowable Land Uses and Permit Requirements, located in Chapter 5 of the document from Not Permitted (––) to Permitted (P), as indicated in Exhibit B of the proposed Ordinance.
Further, the request would amend the existing definition of “Medical Services – Doctor Office” (located in the Glossary on p.5:68 of the NMDSP) to read as follows:
Medical Services – Doctor/Dentist Office: A facility other than a hospital where medical, dental, mental health, surgical, and/or other personal health care services are provided on an outpatient basis, and that accommodates no more than four licensed primary practitioners (for example, chiropractors, medical doctors, psychiatrists, dentists, orthodontists, periodontist etc., other than nursing staff) within an individual office suite. Counseling services by those other than medical doctors or psychiatrists are included under "Offices – Professional/Administrative." Doctor offices are defined as those professional offices that allow doctors and dentists to provide duly licensed professional services.
MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 18 of 124 The proposed change, if approved, would allow medical uses, per the modified definition, as permitted uses in the SD zone, as currently allowed in the Town Center (TC) zone of the NMDSP.
The NMDSP is a “form–based” code created to create a walkable, pedestrian–oriented, retail and residential ‘‘place’’ close to the Montclair Transcenter. It is comprised of four land use zones: the Station District (SD), Town Center (TC), Corridor Residential (CR), and Neighborhood Residential (NR). In 2017, the City amended the NMDSP to expand the boundaries of the plan and to update development standards of the document to guide future development in the area tied to the anticipated extension of the Foothill Gold Line rail line to the City. As part of the 2017 update, the planning area, including mixed–use opportunities, was expanded and key locations selected to provide future residents with local services, food choices, and modest retail options as a means of supporting the vision of the plan.
As indicated above, the NMDSP is comprised of four land use zones, with the SD and TC zones with the highest residential potential, and the areas where the highest benefits of urban life could be achieved: walkability, access to regional transportation, commercial retail and services, and entertainment. The SD zone is anchored by the Montclair Transcenter, the planned future terminus of the Gold Line Light Rail Line. Currently, the SD zone allows a wide variety of uses and services; however, professional medical uses are excluded. Allowing the proposed medical uses in the SD zone would be consistent with what is allowed in the TC zone, where such uses already exist with little to no impacts.
Further, the proposed specific plan amendment would not impact existing medical uses within the boundaries of the NMDSP that have been duly permitted and have current business licenses. Such existing medical uses may continue to operate no matter which zone they may be located in. If and when a transitional use is discontinued or replaced, then the provisions for Transitional Uses in the NMDSP would be apply and be implemented.
Staff finds the proposed specific plan amendment to include non–emergency out–patient professional medical and or dental uses in the SD zone to be appropriate as these types of uses are a regular and essential feature of office or retail–based commercial areas within urban communities and are generally quiet operations that make for good neighbors in proximity to residential uses. Medical Doctor/Dental office uses are typically well managed and maintained, posing little to no adverse impacts on adjacent properties. The SD and TC zones are the key urban zones of the NMDSP.
The vast majority of non–emergency outpatient medical uses are smaller–scale operations that occupy existing commercial lease spaces in projects developed by other parties. On rare occasions, a medical use might seek to construct its own building on a freestanding parcel. In such cases, the project becomes a development project that requires a separate review process subject to the applicable development standards of the NMDSP. The initial beneficiary of the proposed specific plan amendment would be the Village at Montclair. Upon approval, the Village at Montclair project was required to provide ground commercial lease space in Buildings 1, 2, and 4 to ensure the project would eventually become mixed–use, as intended. A dental group has indicated interest in a long–term lease within a portion of the available ground floor space of one of the buildings in the project. The proposed amendment would allow the developer to continue with their negotiations to complete the lease.
MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 19 of 124 Allowing medical uses in the SD zone would be consistent with the General Plan and the Regulatory Framework as amended in 2016. Moreover, it would not hinder or prohibit the walkability, transportation, access to commercial, entertainment, and retail establishments and all the social and institutional advantages of living in a mature town like Montclair. Thus, the proposed amendment would be consistent with the goals, objectives, and design guidelines in the NMDSP.
Based on the foregoing information, the proposed amendment would not result in any new significant impact, nor would a substantial increase in the severity of impacts from that described in the 2016 NMDSP Supplemental Environmental Impact Report (SEIR) occur.
Finally, based on a review of the additional analysis conducted by City staff and a review of the previously certified and adopted environmental documents, the NMDSP, as amended, complies with all of the requirements of, and is of approximately the same type and intensity of land use that is allowed in, the 2016 NMDSP, as analyzed in the 2016 NMDSP SEIR. The proposed amendment would not result in new impacts or changed circumstances that would require a new environmental document as described in the following sections.
Specific Plan Amendment Findings:
1. Public Welfare. Approval of the specific plan amendment will not create conditions materially detrimental to the public health, safety and general welfare. The proposed specific plan amendment to include non–emergency out–patient professional medical and or dental uses in the SD zone is appropriate as these types of uses are a regular and essential feature of office or retail based commercial areas within urban communities and are generally quiet operations that make for good neighbors in proximity to residential uses. “Medical Services – Doctor/Dental Office” uses are typically well managed and maintained, posing little to no adverse impacts on adjacent properties.
2. General Plan Consistency. The specific plan amendment is consistent with the goals, objectives, and policies of the General Plan that led to the approval of the form–based and transit–oriented NMDSP with the intent of improving the areas surrounding the Montclair Transcenter. The addition of “Medical Services – Doctor/Dentist Office” as a permitted use within the Station District is consistent with the goal of creating a compact, walkable mixture of housing and community– oriented retail, including health/fitness facilities, residential uses, general retail uses, neighborhood markets, professional and business services, banks, offices, and restaurants.
3. Land Use Compatibility. The specific plan amendment is compatible with the zoning and land use on nearby properties and leaves the specific plan internally consistent.
The SD currently allows a wide variety of a compact, walkable mixture of housing and community–oriented retail, including health/fitness facilities, residential uses, general retail uses, neighborhood markets, business services, banks, offices and restaurants.
Professional business, service and government offices are also permitted in the SD.
The addition of “Medical Services – Doctor/Dentist Office” as a permitted use within the SD zone of the NMDSP is appropriate and consistent with other uses permitted in the same zone.
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4. Property Suitability. The specific plan amendment is suitable for the location, access, visual character and topography of the subject properties. The vast majority of non–emergency outpatient medical uses, as defined herein, are smaller scale operations that occupy existing commercial lease space in projects developed by other parties. On rare occasions, a medical use might seek to construct its own building on a freestanding parcel. In such cases, the project becomes a development project that requires a separate review process subject to the development standards of the NMDSP that would apply to ensure compatibility with the surrounding environment.
On July 18, 2025, a notice of a public hearing on proposed specific plan amendment was published in the Inland Valley Daily Bulletin per State law, for the August 11, 2025, Planning Commission meeting. There were no comments submitted to the Commission regarding the proposal.
On August 22, 2025, a notice of a public hearing on the proposed specific plan amendment via Ordinance No. 25–1015 was published in the Inland Valley Daily Bulletin per State law, for the September 15, 2025 City Council meeting. As of the writing of this report, no comments from the public have been received.
The City has completed a consistency evaluation for the proposed Amendment to the NMDSP Project pursuant to Public Resources Code (PRC) §21166 and State CEQA Guidelines §15162.
This evaluation was performed to determine if conditions specified in PRC §21166 and State CEQA Guidelines §15162 would require subsequent environmental review for the proposed Medical Services – Doctor Office use in the SD land use zone. As outlined in this evaluation, the City has determined that the proposed medical use is adequately covered by the original NMDSP Amendment Project Final SEIR (SCH No. 2009091021) (2016 NMDSP SEIR) certified by the City Council on March 20, 2017; and would not result in new impacts or any substantial changes to any significant effects previously identified.
FISCAL IMPACT: Adoption of Ordinance No. 25–1015 would have no direct impact to the General Fund. The applicant paid for the proposed specific plan amendment process and will pay for the cost of public notifications in the Inland Valley Daily Bulletin.
Potential future “Medical Services – Doctor/Dentist Office” uses would be required to obtain zoning clearance and business licenses which are renewed each year with fees based on gross receipts from the previous year.
RECOMMENDATION: Staff recommends the City Council conduct the second reading, by number and title only, and adopt Ordinance No. 25–1015 amending the North Downtown Specific Plan to allow medical uses within the Station District land use zone (Case No. 2025–06).
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Ordinance No. 25–1015 Page 1 of 6
ORDINANCE NO. 25–1015
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MONTCLAIR AMENDING THE NORTH MONTCLAIR DOWNTOWN
SPECIFIC PLAN TO ALLOW MEDICAL USES WITHIN THE STATION
DISTRICT LAND USE ZONE (CASE NO. 2025–06)
WHEREAS, CRP/VP Montclair Village Owner, LLC, filed an application to amend the North Montclair Downtown Specific Plan (NMDSP), under Case No. 2025–06; and WHEREAS, CRP/VP Montclair Village Owner, LLC, is the developer of the Village at Montclair, a mixed–use project within the Station District (SD) zone and situated on the north side of Arrow Highway on the south side of the MetroLink/Gold Line railway, and designed to provide direct pedestrian access to Montclair Transcenter; and WHEREAS, the Village at Montclair development was approved on December 7, 2020, and is the first mixed–use project within the NMDSP; and WHEREAS, the NMDSP is a “form–based” code created to create a walkable, pedestrian–oriented, retail and residential ‘‘place’’ close to the Montclair Transcenter.
The NMDSP is comprised of four land use zones: the Station District (SD), Town Center (TC), Corridor Residential (CR), and Neighborhood Residential (NR); and WHEREAS, the application for the said specific plan amendment applies to the SD zone of the NMDSP, anchored by the Montclair Transcenter, terminus of the Gold Line Light Rail Line. The SD zone situated on both the north and south sides of the existing MetroLink/Gold Line railway and Montclair Trancenter, as illustrated on the attached Exhibit “A,” a map incorporated herein by reference; and WHEREAS, the specific plan amendment would change the text of Table 5–2, Allowable Land Uses and Permit Requirements, in Chapter 5 of the NMDSP for “Medical Services – Doctor/Dentist Office” in the SD land use zone from “not permitted” (––) to “permitted” (P) as indicated in Exhibit “B,” and
WHEREAS, the specific plan amendment would modify the definition of Medical Services – Doctor Office in the NMDSP’s Glossary Section (pg. 5:68) as follows:
Medical Services – Doctor/Dentist Office: A facility other than a hospital where medical, dental, mental health, surgical, and/or other personal health care services are provided on an outpatient basis, and that accommodates no more than four licensed primary practitioners (for example, chiropractors, medical doctors, psychiatrists, dentists, orthodontists, periodontist etc., other than nursing staff) within an individual office suite. Counseling services by other than medical doctors or psychiatrists are included under "Offices – Professional/Administrative." Doctor Office uses are defined as those professional offices that allow doctors and dentists to provide professional services.
WHEREAS, in May 2006, the City of Montclair certified the NMDSP Final Environmental Impact Report (FEIR) and adopted the NMDSP, establishing guidelines for development on numerous parcels of land totaling approximately 150 acres in area adjacent to the Montclair Transcenter in the north part of the City; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and State Guidelines for Implementation of CEQA, on March 20, 2017, the City Council certified a Supplemental Environmental Impact Report (DSEIR) for the updated NMDSP.
WHEREAS, the City of Montclair has completed a consistency evaluation for the proposed Amendment to the NMDSP project pursuant to Public Resources Code Section 21166 and State CEQA Guidelines Section 15162; and
WHEREAS, the evaluation was performed to determine if conditions specified in Public Resources Code Section 21166 and State CEQA Guidelines Section 15162 would require subsequent environmental review for the proposed “Medical Services – Doctor/Dentist Office” use in the Station District land use zone. As outlined in this evaluation, the City has determined the proposed “Medical Services – Doctor/Dentist Office” use is adequately covered by the original NMDSP Amendment Project Final Supplemental Environmental Impact Report (SCH No. 2009091021) certified by the City of Montclair City Council on March 20, 2017, (2016 NMDSP SEIR); and would not result MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 22 of 124 SECOND
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Ordinance No. 25–1015 Page 2 of 6
in new impacts or any substantial changes to any significant effects previously identified; and
WHEREAS, a 20–day public notice of this item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper on July 18, 2025; and WHEREAS, the Planning Commission of the City of Montclair held a public hearing on August 11, 2025, after giving published notice of the proposed specific plan amendment to allow monitored electrified security fences in specified locations within the City; and
WHEREAS, the Planning Commission adopted Resolution No. 25– 1005, by a vote of 5 to 0, and recommended approval of the proposed specific plan amendment to the City Council; and
WHEREAS, on August 22, 2025, a notice of a public hearing for Ordinance No. 25–1015 was published in the Inland Valley Daily Bulletin per State law for the September 15, 2025, City Council meeting, and
WHEREAS, the City Council of the City of Montclair held a public hearing regarding the proposed ordinance; and
WHEREAS, on September 15, 2025, in the Council Chambers at Montclair City Hall, the City Council conducted a public hearing at which time all persons wishing to testify in connection with the proposed ordinance were heard and the proposal was fully studied; and
WHEREAS, on September 15, 2025, the City Council unanimously set October 20, 2025, as the date for the second reading of Ordinance No. 25–1015; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTCLAIR DOES HEREBY ORDAIN AS FOLLOWS:
SECTION I.
The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct.
SECTION II.
Based upon the entire record before the City Council during the above–referenced hearing on September 15, 2025, including written and oral staff reports together with public testimony, the City Council hereby finds as follows with respect to the recommendation of approval for the proposed specific plan amendment under Case No. 2025–06, based on the findings enumerated below:
Specific Plan Amendment Findings
1. Public Welfare. Approval of the specific plan amendment will not create conditions materially detrimental to the public health, safety and general welfare. The proposed specific plan amendment to include non–emergency out–patient professional medical and or dental uses in the SD zone is appropriate as these types of uses are a regular and essential feature of office or retail based commercial areas within urban communities and are generally quiet operations that make for good neighbors in proximity to residential uses. “Medical Doctor/Dental Office” uses are typically well managed and maintained, posing little to no adverse impacts on adjacent properties.
2. General Plan Consistency. The specific plan amendment is consistent with the goals, objectives, and policies of the General Plan that led to the approval of the form– based and transit–oriented NMDSP with the intent of improving the areas surrounding the Montclair Transcenter. The addition of “Medical Services – Doctor/Dentist Office” as a permitted use within the Station District is consistent with the goal of creating a compact, walkable mixture of housing and community–oriented retail, including health/fitness facilities, residential uses, general retail uses, neighborhood markets, professional and business services, banks, offices, and restaurants.
MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 23 of 124 SECOND
READING
10/20/25
Ordinance No. 25–1015 Page 3 of 6
3. Land Use Compatibility. The specific plan amendment is compatible with the zoning and land use on nearby properties and leaves the specific plan internally consistent. The SD currently allows a wide variety of a compact, walkable mixture of housing and community–oriented retail, including health/fitness facilities, residential uses, general retail uses, neighborhood markets, business services, banks, offices, and restaurants. Professional business, service, and government offices are also permitted in the SD. The addition of “Medical Services – Doctor/Dentist Office” as a permitted use within the SD zone of the NMDSP is appropriate and consistent with other uses permitted in the same zone.
4. Property Suitability. The specific plan amendment is suitable for the location, access, visual character and topography of the subject propert(ies). The vast majority of non–emergency outpatient medical uses, as defined herein, are smaller scale operations that occupy existing commercial lease space in projects developed by other parties. On rare occasions, a medical use might seek to construct its own building on a freestanding parcel. In such cases, the project becomes a development project that requires a separate review process subject to the development standards of the NMDSP that would apply to ensure compatibility with the surrounding environment.
SECTION III.
The specific plan amendment changes the text of Table 5–2, Allowable Land Uses and Permit Requirements, in Chapter 5 of the NMDSP for “Medical Services – Doctor/Dentist Office” in the SD land use zone from “not permitted” to “permitted” as indicated in Exhibit “B,” and
SECTION IV.
The specific plan amendment modifies the definition of “Medical Services – Doctor Office” in the NMDSP’s Glossary Section (pg. 5:68) to be as follows:
Medical Services – Doctor/Dentist Office: A facility other than a hospital where medical, dental, mental health, surgical, and/or other personal health care services are provided on an outpatient basis, and that accommodates no more than four licensed primary practitioners (for example, chiropractors, medical doctors, psychiatrists, dentists, orthodontists, periodontist etc., other than nursing staff) within an individual office suite. Counseling services by other than medical doctors or psychiatrists are included under "Offices – Professional/Administrative." Doctor Office uses are defined as those professional offices that allow doctors and dentists to provide professional services.
SECTION V. Severability.
If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional.
SECTION III. Effective Date.
This Ordinance shall be in full force and effect thirty (30) days after passage.
SECTION IV. Posting.
The City Clerk shall certify to the passage of this Ordinance and cause the same to be posted pursuant to Government Code Section 36933.
MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 24 of 124 SECOND
READING
10/20/25
Ordinance No. 25–1015 Page 4 of 6
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 the foregoing is a true and correct copy of Ordinance No. 25–1015 of said City, which was introduced at a regular meeting of the City Council held on the September 15, 2025, and finally passed not less than five (5) days thereafter on the XX day of XX, 20XX, by the following vote, to–wit:
AYES: XX
NOES: XX
ABSTAIN: XX
ABSENT: XX
Andrea M. Myrick
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 25 of 124 SECOND
READING
10/20/25
Ordinance No. 25–1015 Page 5 of 6
Exhibit A
CASE NUMBER: 2025–06
LOCATION: North Montclair Downtown Specific Plan – Station District Land Use Map
MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 26 of 124 SECOND
READING
10/20/25
Ordinance No. 25–1015 Page 6 of 6
Exhibit B
CASE NUMBER: 2025–06
Current NMDSP Land Uses (Excerpt)
Proposed Change to NMDSP Land Uses (Excerpt)
Modified Definition
Medical Services – Doctor/Dentist Office: A facility other than a hospital where medical, dental, mental health, surgical, and/or other personal health care services are provided on an outpatient basis, and that accommodates no more than four licensed primary practitioners (for example, chiropractors, medical doctors, psychiatrists, dentists, orthodontists, periodontist etc., other than nursing staff) within an individual office suite. Counseling services by other than medical doctors or psychiatrists are included under "Offices –
Professional/Administrative." Doctor Office uses are defined as those professional offices that allow doctors and dentists to provide professional services.
MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 27 of 124
CITY COUNCIL
AGENDA REPORT
DATE: OCTOBER 20, 2025
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 1
FILE I.D.: FIN540
DEPT.: FINANCE
PREPARER: A. VONG/V. FLORES
SUBJECT: CONSIDER APPROVAL AND RATIFICATION OF WARRANT REGISTER AND PAYROLL
DOCUMENTATION
REASON FOR CONSIDERATION: The City Council is requested to consider approval and ratification of the Warrant Register and Payroll Documentation.
BACKGROUND: Mayor Pro Tem Martinez examined the Warrant Register dated October 6, 2025; the Payroll Documentation dated September 7, 2025; and the Payroll Documentation dated September 21, 2025, and recommended their approval.
FISCAL IMPACT: The Warrant Register dated October 6, 2025, was authorized by the City Manager and totals $3,037,123.28.
The Payroll Documentation dated September 7, 2025, totals $919,440.18 gross, with $647,601.14 net being the total cash disbursement.
The Payroll Documentation dated September 15, 2025, totals $892,145.02 gross, with $624,534.50 net being the total cash disbursement.
RECOMMENDATION: Staff recommends the City Council approve and ratify the above– referenced Warrant Register and Payroll Documentation.
MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 28 of 124
CITY COUNCIL
AGENDA REPORT
DATE: OCTOBER 20, 2025
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 2
FILE I.D.: MCF100
DEPT.: HUMAN SVCS./MCF
PREPARER: A. COLUNGA
SUBJECT: CONSIDER AUTHORIZINGING THE PURCHASE OF WHOLE TURKEYS AND ASSORTED
ITEMS FOR THE MONTCLAIR HOLIDAY FOOD AND TOY BASKET PROGRAM REASON FOR CONSIDERATION: The Montclair Community Foundation (MCF) Board of Directors is requested to consider authorizing the use of funds donated to MCF to purchase turkeys and other assorted items for the Holiday Food and Toy Basket Program.
BACKGROUND: The Montclair City Council also serves in its capacity as the MCF Board of Directors. The vision of MCF is to work collectively and collaboratively to strengthen services and enhance the quality of life for residents by promoting health, wellness, and economic stability for all including the most vulnerable in our community. The mission of MCF is to guarantee a quality community for all, by working together as diverse, committed individuals and organizations to make an impact that improves the overall well–being of the community.
For 40 years, the City has coordinated the Holiday Food and Toy Basket Program to serve low–income families in Montclair with a basket of food to prepare a holiday meal and toys for children. Since 2015, MCF has partnered with the City to provide turkeys and assorted food items that are given to each of the qualified food basket recipients. Funded entirely through the generous food, toy, and monetary donations to MCF from businesses, organizations and individuals throughout the community, the Holiday Food and Toy Basket Program was able to supply nearly 550 disadvantaged Montclair children, their family members, and senior citizens with a holiday meal last year.
To ensure those in need in our community receive the provisions they need during the holiday season, staff recommends the purchase of whole turkeys and assorted food items to provide each Holiday Food and Toy Basket recipient with ingredients for a complete holiday meal. The costs of the program will be paid for with donations to MCF.
Staff recommends using $20,000 of funds donated to MCF to purchase whole turkeys, and assorted food and toys for the Holiday Food & Toy Basket Program.
FISCAL IMPACT: Should the MCF Board approve the purchase of turkeys and assorted items, the City will make the purchase for the Holiday Food and Toy Basket Program, and MCF will reimburse the City through donated funds.
RECOMMENDATION: Staff recommends the Montclair Community Foundation Board authorize the purchase of whole turkeys and assorted items for the Montclair Holiday Food and Toy Basket Program.
MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 29 of 124
CITY COUNCIL
AGENDA REPORT
DATE: OCTOBER 20, 2025
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 1
FILE I.D.: MCC500/MPO500/MAN500/
EXM500
DEPT.: ADMIN. SVCS.
PREPARER: A. MYRICK
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 25–51, A MEMORANDUM OF UNDERSTANDING WITH THE MONTCLAIR CITY CONFIDENTIAL EMPLOYEES’ ASSOCIATION FOR THE PERIOD OF JULY 1, 2025, TO JUNE 30, 2026 CONSIDER APPROVAL OF AGREEMENT NO. 25–62, A MEMORANDUM OF UNDERSTANDING WITH THE MONTCLAIR POLICE OFFICERS’ ASSOCIATION FOR THE PERIOD OF JULY 1, 2025, TO DECEMBER 31, 2026
CONSIDER APPROVAL OF AGREEMENT NO. 25–69, A LABOR AGREEMENT FOR
MANAGEMENT (NONSAFETY AND SAFETY) EMPLOYEES REGARDING THE TERMS AND CONDITIONS OF EMPLOYMENT FOR THE PERIOD OF JULY 1, 2025, TO JUNE 30, 2026 CONSIDER APPROVAL OF AGREEMENT NO. 25–70, A LABOR AGREEMENT FOR
EXECUTIVE MANAGEMENT EMPLOYEES REGARDING THE TERMS AND CONDITIONS OF EMPLOYMENT FOR THE PERIOD OF JULY 1, 2025, TO JUNE 30, 2026
CONSIDER APPROVING THE TRANSFER OF THE APPROPRIATE ADDITIONAL
COMPENSATION FROM THE PERSONNEL ADJUSTMENT RESERVE FUND TO THE
GENERAL OPERATING FUND
REASON FOR CONSIDERATION: The City Council is requested to consider approval of the following:
1. Agreement No. 25–51, a Memorandum of Understanding (MOU) with the Montclair City Confidential Employees’ Association (MCCEA) for the period of July 1, 2025, to June 30, 2026;
2. Agreement No. 25–62, a Memorandum of Understanding (MOU) with the Montclair Police Officers’ Association (MPOA) for the period of July 1, 2025, to December 31, 2026;
3. Agreement No. 25–69, a Labor Agreement for Management (Nonsafety and Safety) employees regarding the terms and conditions of employment for the period of July 1, 2025, to June 30, 2026;
4. Agreement No. 25–70, a Labor Agreement for Executive Management employees regarding the terms and conditions of employment for the period of July 1, 2025, to June 30, 2026; and
5. The transfer of the appropriate additional compensation from the Personnel Adjustment Reserve Fund to the General Operating Fund.
Copies of each of the above–identified updated MOUs and labor agreements have been provided to the City Council with their agenda packets for review and consideration.
MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 30 of 124 BACKGROUND: Typically on an annual basis or as contracts near conclusion, the City of Montclair negotiates on the terms and conditions of employment with the various labor groups. This year, the City negotiated updated MOUs with two employee groups:
MCCEA and MPOA. Once an agreement was reached with each, the City and the respective groups memorialized the terms in a signature agreement, which was presented to the Personnel Committee for approval of pay and benefit increases. The MOUs between the City and these bargaining units have now been updated with all agreed–upon changes and are presented to the City Council for approval.
Agreement No. 25–51: Montclair City Confidential Employees’ Association (MCCEA) The following is a summary of the agreement reached between the City of Montclair and MCCEA, with the Personnel Committee having approved the following terms and conditions of employment on July 21, 2025:
Article 5 (Unit Description): The classifications represented by MCCEA were updated to ensure that all affected classifications are included. Article 7 (Section 7.01, Wages): This change relates to a one–time bonus payment of $4,000 to each employee in lieu of salary increases. Article 8 (Section 8.01, Benefit Fund Contribution; Excess Funds to Deferred Compensation; Medical, Dental, and Optical Insurance): This change relates to a medical benefit fund increase of $50 per month.
Article 43 (Term): This change describes the term of this new MOU to be from July 1, 2025 to June 30, 2026.
Agreement No. 25–62: Montclair Police Officers’ Association (MPOA) The following is a summary of the agreement reached between the City of Montclair and MPOA, with the Personnel Committee having approved the following terms and conditions of employment on September 15, 2025:
Article 7 (Section 7.01, Wages): This change relates to providing a 3 percent salary increases to all classifications represented by MPOA, effective the first full pay period of September 2025.
Article 45: Term: This change describes the term of this new MOU as the period from July 1, 2025 to December 31, 2026.
Unrepresented Full–Time Employees
Additionally, and typically on an annual basis, the City of Montclair considers the terms and conditions of employment for unrepresented full–time employees, which include Managers (Nonsafety and Safety) and Executive Managers. After soliciting input from the unrepresented full–time employees, the City memorializes the updated terms in a signature agreement, which is then presented to the Personnel Committee for approval of pay and benefit increases. The labor agreements for unrepresented full–time employees are then updated and presented to City Council for approval.
The City has concluded considerations for updates to the labor agreements for Management and Executive Management Employees for the period of July 1, 2025 to June 30, 2026.
MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 31 of 124 Agreement No. 25–69: Management (Nonsafety and Safety) Employees Agreement No. 25–69 affects the terms and conditions of employment for those employees identified as Management (Nonsafety and Safety) employees for the period of July 1, 2025 to June 30, 2026, with the Personnel Committee having approved the following terms and conditions of employment on July 21, 2025:
Article 4: Management/Exempt Employees: The list of Management Employees was updated to ensure that all affected classifications are included. Article 6: Compensation (Section 6.01, Wages): This change relates to a one– time bonus payment of $4,000 to each employee in lieu of salary increases. Article 7: Medical, Dental, and Optical Benefits (Section 7.01, Benefit Fund Contribution): This change relates to a medical benefit fund increase of $50 per month.
Article 13: Leaves (Section 13.02, Bereavement Leave): Revised the language to require bereavement leave to be used within 3 months of the date of death. Article 43: Term: This change describes the term of the Agreement to be from July 1, 2025 to June 30, 2026.
Agreement No. 25–70: Executive Management Employees (Department Heads) Agreement No. 25–70 affects the terms of conditions of employment for those employees identified as Executive Management employees for the period of July 1, 2025 to June 30, 2026, with the Personnel Committee having approved the following terms and conditions of employment on July 21, 2025:
Article 4: Executive Management/Exempt Employees: The list of Executive Management Employees was updated to ensure that all affected classifications are included.
Article 6: Compensation (Section 6.01, Wages): This change relates to a one– time bonus payment of $4,000 to each employee in lieu of salary increases. Article 7: Medical, Dental, and Optical Benefits (Section 7.01, Benefit Fund Contribution): This change relates to a medical benefit fund increase of $50 per month.
Article 13: Leaves (Section 13.02, Bereavement Leave): Revised the language to require bereavement leave to be used within 3 months of the date of death. Article 41: Term: This change describes the term of the Agreement to be from July 1, 2025 to June 30, 2026.
Corrections to MOU/Labor Agreement Language Pursuant to CalPERS Regulations Last year, California Public Employees’ Retirement System (CalPERS) issued a notice to employers (Circular Letter 200–037–24) which clarifies how and when holiday pay must be paid and reported to CalPERS as special compensation. Essentially, any banked holiday pay that employees later “cash out” must be paid at the rate at which the holiday pay was earned. Each bargaining unit MOU and employee group agreement contains provisions regarding holiday pay that require amendments in order to comply with this CalPERS regulation. Affected sections of the MCCEA and MPOA MOUs, and Management and Executive Management labor agreements, are detailed below.
MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 32 of 124 Bargaining Unit /
Employee Group
Affected MOU / Agreement
Sections Modifications to MOU / Agreement Text
MPOA
12.02 Holiday Accrual Bank Payment for accrued holiday time shall be at the employee’s current hourly rate of pay at the time the holiday time was earned.
12.03 Holiday Pay Option
A. Nonshift Employees
In June of each year, and in lieu of time off for accrued holiday hours, the City will buy back from each nonshift employee up to 40 accrued holiday hours from the holiday accrual bank at the employee’s hourly rate of pay in effect at the time of the buyback the holiday time was earned.
B. Shift Employees
In June of each year, and in lieu of time off for accrued holiday hours, the City will buy back from each shift employee up to 104 accrued holiday hours from the holiday accrual bank at the employee’s hourly rate of pay in effect at the time of the buyback the holiday time was earned.
MCCEA 12.02 Holiday Accrual Bank
Payment for accrued holiday time shall be at the employee’s current hourly rate of pay at the time the holiday time was earned.
Management 11.03 Holiday Pay Option
On the last day of the last full pay period in June of each year, and in lieu of time off for accrued holiday hours, the City will buy back from each shift employee up to 78.65 accrued holiday hours from the holiday accrued bank at the employee’s hourly rate of pay in effect at the time of the buyback the holiday time was earned.
Executive Management 11.01 Holiday Leave
Payments for accrued holiday time shall be at the employee’s current hourly rate of pay at the time the holiday time was earned.
FISCAL IMPACT: The fiscal impact associated with ratifying proposed Agreement Nos. 25–51, 25–62, 25–69, and 25–70, due to additional compensation, will be funded from the Personnel Adjustment Reserve of the General Fund, as these increases were not included in the original Fiscal Year 2025–26 Budget.
RECOMMENDATION: Staff recommends the City Council take the following actions:
1. Approve Agreement No. 25–51, a Memorandum of Understanding with the Montclair City Confidential Employees’ Association for the period of July 1, 2025, to June 30, 2026;
2. Approve Agreement No. 25–62, a Memorandum of Understanding with the Montclair Police Officers’ Association for the period of July 1, 2024, to June 30, 2026;
3. Approve Agreement No. 25–69, a Labor Agreement for Management (Nonsafety and Safety) employees regarding the terms and conditions of employment for the period of July 1, 2025, to June 30, 2026;
4. Approve Agreement No. 25–70, a Labor Agreement for Executive Management Employees regarding the terms and conditions of employment for the period of July 1, 2025, to June 30, 2026; and
5. Approve the Transfer of the appropriate additional compensation from the Personnel Adjustment Reserve Fund to the General Operating Fund.
MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 33 of 124
CITY COUNCIL
AGENDA REPORT
DATE: OCTOBER 20, 2025
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 2
FILE I.D.: MCF150/MCF175
DEPT.: MCF/HUMAN SVCS.
PREPARER: A. COLUNGA
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 25–65 WITH KAISER FOUNDATION HOSPITALS TO ACCEPT A GRANT AWARD IN THE AMOUNT OF $10,000 TO SUPPORT
THE MONTCLAIR TO COLLEGE PROGRAM
CONSIDER AUTHORING UP TO $10,000 IN EXPENDITURES RELATED TO AGREEMENT NO. 25–65
CONSIDER AUTHORIZING MCF EXECUTIVE DIRECTOR EDWARD C. STARR TO SIGN AGREEMENT NO. 25–65
REASON FOR CONSIDERATION: The Montclair Community Foundation (MCF) Board is requested to consider approval of Agreement No. 25–65 with Kaiser Foundation Hospitals to accept a grant award in the amount of $10,000 to support the Montclair to College Program. In addition, consider authorizing the Executive Director to sign Agreement No. 25–65.
BACKGROUND: The Montclair to College (MTC) program, previously known as Online to College, was established in 1998. The program is supported by MCF to offer Montclair students the opportunity to attend Chaffey College through a scholarship that includes tuition, books, parking and other necessary fees. The program began at three Montclair Elementary schools and later expanded to include all elementary schools. MTC continued to evolve and in 2015 MTC began at the 9th grade level at Montclair High School (MHS) to allow for more consistency within the program.
The vision of MCF is to work collaboratively to strengthen services and enhance the quality of life for residents by promoting health, wellness and economic stability for all including the most vulnerable in our community. The Foundation’s mission is to guarantee a quality community for all by working together as diverse, committed individuals and organizations to make an impact that improves the overall well–being of the community. MTC operates with the overall goal of increasing economic prosperity in Montclair through increasing college enrollment rates among students at MHS. In addition to offering MHS students college funding, and educational support, MTC also provides students with the opportunity to participate in college workshops and community activities.
In June 2025, the Montclair Community Foundation (MCF) was invited by Kaiser Permanente Ontario Medical Center Community Health Contributions Program to apply for grant funding under one of their strategic priorities.
MTC will achieve the following objectives with the grant funding:
Increase the number of students who enroll in MTC this school year. Increase the number of MTC students who enroll in Chaffey College after MHS graduation.
MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 34 of 124 Due to the need to accept the grant before a designated deadline, the City Manager signed the agreement, and the City Council is asked to ratify the City Manager’s action.
The Montclair Community Foundation intends to utilize the funding received to pay for a portion of the Montclair to College Celebration. Last year, the Celebration was held at Main Event in Montclair Place and it was well–received by the students and parents.
Nearly 250 people attended the celebration for 160 graduates, and it is anticipated the 2026 class of MTC graduates will be even larger this year.
FISCAL IMPACT: Kaiser Foundation Hospitals has approved a grant award to MCF of $10,000 for the MTC program, and MCF Board approval is requested to spend the awarded funds on expenditures related to the implementation of this grant. There will be no direct fiscal impact on the Montclair Community Foundation outside of those awarded by this grant. The term of Agreement No. 25–65 is October 1, 2025, through September 30, 2026.
RECOMMENDATION: Staff recommends that the MCF Board of Directors take the following actions:
1. Approve Agreement No. 25–65 with Kaiser Foundation Hospitals to accept a grant award in the amount of $10,000 to support the Montclair to College Program;
2. Authorize up to $10,000 in expenditures related to Agreement No. 25–65; and
3. Authorize MCF Executive Director Edward C. Starr to sign Agreement No. 25–65.
MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 35 of 124 Docusign Envelope ID: 99C35AB6-CD85-4BCE-B4CC-B1AB28C09D49 �,,� KAISER PERMANENTE®
UNCONDITIONAL GRANT AGREEMENT
Kaiser Foundation Hospitals (Granter) makes this grant to Montclair Community Foundation (Grantee) for the purpose and with the terms outlined below.
The following terms listed below, and all exhibits, appendices, and other attachments hereto form "the Agreement."
Grant Title: Montclair to College: Increasing College Access in Montclair Grant 182341 Number:
Grant Montclair Community Foundation (MCF) is seeking up to $10,000 to Purpose: support college access in Montclair. The Montclair to College (MTG) program provides support through the transition to college process by offering multiple bilingual workshops and presentations that include resources and support to navigate into
higher education. Workshop topics may include but are not limited to financial aid, academic and career,
student resources, and the MTG transition.
Grant Grantee agrees to make reasonable progress towards achieving the Objectives: objective(s) as stated in the grant application. Reasonable progress will be determined in exercise of Grantor's sole discretion Grant Start Date: 10/1/2025
Period: End Date: 9/30/2026
Term: 12 months
Grant $10,000.00 Amount:
Project Alyssa Colunga, Assistant Director of Human Services & Grants Contact Manager
Person: [email protected]
909-625-9459
Grantee
Mailing 5111 Benito St.
Address: Montclair, California 91763
Kaiser Martha Valencia Permanente
Grant Lead: [email protected]
Special This is an unconditional Grant subject to the terms below.
Conditions
Payment Payment dates are approximate. Initial payment is based on Schedule execution of the grant agreement; any subsequent payment dates are estimated. If multiple payments are indicated, the payments will be dispersed after receipt and review of the corresponding reports. l!Page
Agreement No. 25–65
MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 36 of 124 MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 37 of 124 MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 38 of 124 MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 39 of 124 MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 40 of 124 MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 41 of 124
CITY COUNCIL
AGENDA REPORT
DATE: OCTOBER 20, 2025
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 3
FILE I.D.: FRD220/GRT115
DEPT.: FIRE
PREPARER: T. NICOLL
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 25–66 WITH THE METROPOLITAN WATER
DISTRICT OF SOUTHERN CALIFORNIA TO PARTICIPATE IN THE WATER SAVINGS
INCENTIVE PROGRAM (WSIP) FUNDING OPPORTUNITY IN PARTNERSHIP WITH THE
MONTE VISTA WATER DISTRICT, AND TO ACCEPT WSIP FUNDING IN THE AMOUNT OF $119,949.80 FOR THE PURCHASE OF A PUMP POD DRAFTS UNIT FOR THE FIRE
DEPARTMENT
CONSIDER AUTHORIZING A $21,844 ALLOCATION FROM THE GENERAL FUND TO COVER THE 20 PERCENT REBATE–REIMBURSABLE FEE REQUIRED BY THE PROGRAM CONSIDER AUTHORIZING CITY MANAGER EDWARD C. STARR TO EXECUTE ALL
DOCUMENTS RELATED TO PARTICIPATION IN THE INCENTIVE PROGRAM REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 25–66 with the Metropolitan Water District of Southern California (MWD) to participate in the Water Savings Incentive Program (WSIP) in partnership with the Monte Vista Water District (MVWD) and accept WSIP funding in the amount of $119,949.80 for the purchase of a Pump PodTM DRAFTS Unit for the Fire Department; authorizing a $21,844 allocation from the General Fund to cover the 20 percent rebate– reimbursable fee required by the program; and authorizing City Manager Edward C. Starr to execute all documents related to participation in the incentive program.
A copy of proposed Agreement No. 25–66, the approval letter from MWD for participation in the WSIP funding opportunity, is attached for City Council review and consideration.
BACKGROUND: The mission of MWD is to provide its service area with adequate and reliable supplies of high–quality water to meet present and future needs in an environmentally and economically responsible way. MWD is dedicated to supporting fire departments by providing grants for training equipment in an effort to be more environmentally conscious.
While supporting the state mission, the Fire Department serves a diverse response area that includes rural and semi–urban zones with limited or no access to municipal hydrant systems. Effective water supply training is essential to prepare firefighters for real–world incidents where alternative water sourcing, such as drafting from portable tanks, is the only available option. However, current training tools (e.g., folding tanks and open pond simulation) present challenges including inconsistent water flow, safety hazards, and unnecessary waste of water. The Montclair Fire Department wishes to acquire a Pump PodTM DRAFTS (Direct Recirculating Apparatus Firefighting Training Sustainability) Unit to support and enhance firefighter training operations—particularly in the areas of water supply, pumping, drafting techniques, and rural firefighting preparedness.
MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 42 of 124 Currently, the Montclair Fire Department depends on the support of adjacent fire agencies that permit the use of their equipment for specialized training exercises. This arrangement has associated costs and can result in temporary deployment delays as resources are temporarily redirected to facilitate necessary training activities.
Recognizing the importance of this essential training and the conservation of water and economic resources, the Fire Department collaborated with MVWD to seek funding for a Pump PodTM DRAFTS Unit and, in September 2025, submitted a funding request to MWD to support the acquisition of this equipment.
Not long after, MWD, in partnership with MVWD, announced that the City of Montclair’s request for assistance in purchasing a Pump PodTM DRAFTS Unit was granted. By acquiring this unit, the Fire Department will ensure proper training of emergency response personnel and reduce the amount of water used in training.
FISCAL IMPACT: The incentive program has approved an award of $109,220 for the procurement of a Pump PodTM DRAFTS Unit. State taxes and shipping expenses totaling $10,729.80 are not included in the award. These costs will be funded through the Fire Department’s approved Fiscal Year 2025–26 Capital Outlay budget for the PodTM DRAFTS Unit training prop, resulting in a total project expenditure of $119,949.80.
The funding received will cover 80 percent of the total cost, while the remaining 20 percent, amounting to $21,844, will be funded by the City’s General Fund. The City’s contribution will be reimbursed via a rebate upon verification of the Fire Department’s six–month utilization of the equipment by MWD.
RECOMMENDATION: Staff recommends the City Council take the following actions:
1. Approve Agreement No. 25–66 with Metropolitan Water District of Southern California to participate in the Water Savings Incentive Program (WSIP) funding opportunity in partnership with the Monte Vista Water District, and to accept WSIP funding in the amount of $119,949.80 for the purchase of a Pump PodTM DRAFTS Unit for the Fire Department.
2. Authorize a $21,844 allocation from the City’s general fund to cover the 20 percent rebate–reimbursable fee required by the program.
3. Authorize City Manager Edward C. Starr to execute all documents related to acceptance of the incentive program.
MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 43 of 124 Site Information :
10835 MONTE VISTA AVENUE
MONTCLAIR, CA 91763 Application#: WSP5190
Dear CITY OF MONTCLAIR,
Your application for the Water Savings Incentive Program has been approved. We have reserved $109,220 in incentives for your project. This reservation is based on the project costs. These funds will be reserved for you until your project has been completed and the water savings verified. The completion deadline for your project is 5/02/2026. After this date, if your project has not been completed, your funds may no longer be available. If you require more time to complete your project, please contact your account manager or WSIP at (888)-645-3301.
The initial payment for your project (50%) WILL BE MADE DIRECTLY TO PUMP POD USA TO START FABRICATION. THIS INCENTIVE IS $54,610. After the project is up and operational, a post inspection will be performed and a second incentive of 30% of the project costs will be provided. This second incentive of $32,766 will be paid to the CITY OF MONTCLAIR. After a 6- month monitoring period and/or receiving training schedules the final $21,844 will be provided to the CITY OF MONTCLAIR.
Please be sure to review the Water Saving Incentive Program Terms and Conditions and the FAQ to maintain eligibility for incentives at SoCalWaterSmart.com Thank you for your participation in the Water Savings Incentive program Project: Pump Pod Mobile Draft Unit
Reservation Number WSP5190
Name: CITY OF MONTCLAIR
Address 10835 MONTE VISTA AVENUE
Thank you for your participation in the Water Savings Incentive Program Water Saving Incentive Program
3800 Watt Avenue Suite 105
Sacramento, CA 95821
Phone: (888)-645-3301
Email: [email protected]
Agreement No. 25-66 MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 44 of 124
WATER SAVINGS INCENTIVE PROGRAM
Terms & Conditions
By applying for a Water Savings Incentive Program (WSIP) incentive, information on your application may be subject to disclosure to requesting parties pursuant to the California Public Records Act.
An incentive reservation must be obtained prior to purchasing equipment or beginning Project.
Incentive payment cannot exceed the reserved amount and is subject to verification, completeness, and accuracy of all required documentation. Project must be nonresidential and located within Metropolitan’s service area. Applicant’s Social Security or Tax ID number must be provided via a completed Form W-9 along with the application in order to receive an incentive reservation. The name on the W-9 must match the name on the incentive payment. Social Security numbers provided as part of the application process are held in confidence under terms of the Privacy Act and are not divulged or otherwise conveyed to individuals or organizations outside the Program. All information contained on application documents including information regarding operations, facility, water usage, and Project description must be true and correct as of the date of the application.
Incentive reservation funding is limited, and applicants will be considered and, if qualified, accepted on a first-come, first-served basis. Incentives are subject to availability of Metropolitan’s funds and grant funds if applicable/available. An address that previously received an incentive through Metropolitan or a water agency is not eligible to receive another incentive for the same Project. SoCal Water$mart verifies past participation using information provided in the application. Applicant is responsible for providing accurate information on the application to allow for past participation verification.
MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 45 of 124 Applicant is responsible for compliance with all federal, state and local laws, ordinances and regulations. Applicant is solely responsible for compliance with the California Environmental Quality Act and the National Environmental Policy Act.
Applicant is responsible for operating the Project to achieve the anticipated water savings. SoCal Water$mart and Metropolitan will be not be responsible for applicant’s failure to achieve the anticipated water savings.
Incentive reservations are non-transferable and are not assignable. Applicant must meet all date deadlines provided by SoCal Water$mart or incentive reservation will be cancelled. Metropolitan may cancel a reservation if it finds that information was purposely withheld or falsely stated in the application. Applicant, at its own expense, shall obtain and maintain all licenses and permits needed to successfully install and operate the Project. Failure to maintain necessary licenses and permits may result in termination of the incentive reservation. Applicant is responsible for any taxes, fees or tariffs that may be imposed as a result of implementing the Project.
Metropolitan reserves the right to verify and inspect the Project. Applicant, upon reasonable prior notice, shall allow representatives from Metropolitan or its agent reasonable access to applicant’s property to inspect, monitor, and/or evaluate pre- or post-installation of the Project (for example, to verify the Project is operating before an incentive is paid). Applicant is responsible for ensuring reasonable access during normal business hours. Metropolitan representatives will comply with all applicant’s safety and security requirements while on site.
Applicant will not be paid an incentive if applicant refuses to participate in any required verification. If installation and operation cannot be verified, applicant will be required to refund the incentive amount provided including all associated processing costs. If selected, applicant agrees to participate in a program measurement and evaluation study by Metropolitan or its member and retail agencies, and/or an authorized third party. Applicant authorizes its retail water provider to release relevant water consumption data to Metropolitan for this purpose for up to 6 years after Project implementation. Applicant may be required to refund a prorated amount of the incentive to Metropolitan based on the actual period of time for which the related water benefits were provided if applicant does not install and operate the Project for at least the maximum life of the improvements (up to 10 years).
Applicant cannot use Metropolitan’s corporate name, trademark, trade name, logo, identity or any affiliation for any reason without Metropolitan’s prior written consent. Applicant shall make no representations on behalf of Metropolitan.
Metropolitan may reject Project proposals or change Program rules, terms and conditions without prior notice. Funding for this program is limited and submitting an application does not guarantee the customer will receive an incentive.
MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 46 of 124 For applicant Fire Departments or municipalities purchasing Direct Recirculating Apparatus Firefighting Training Sustainability (DRAFTS) units, or similar water recirculating training equipment:
o Applicants procuring DRAFTS units (Units) must identify a “home” site and address for the Unit(s).
o Up to 50% of a Unit’s cost may be paid by Metropolitan directly to the manufacturer through SoCal Water$mart, after application approval, to secure the applicant’s down payment towards purchase of the Unit.
o Upon making the down payment for a Unit, Metropolitan assumes ownership of that Unit until the applicant provides the balance of the total cost to the manufacturer. o Upon applicant’s full payment to the manufacturer, Metropolitan relinquishes any claim or ownership of a Unit to the applicant. Until applicant has taken possession of the Unit, the Unit will be stored on the manufacturer’s premise(s). o Upon Project cancellation or an applicant’s inability to fully purchase a Unit, any Unit temporarily owned by Metropolitan will remain on the manufacturer’s premise(s) and may be reconfigured for a new applicant.
o Metropolitan will request up to six (6) months of water use data (readings on the meters supplied with the Units) to verify use and potential water savings. Upon verification of use and/or water savings, the final portion of Metropolitan’s incentive for the Unit will be paid to the applicant.
Metropolitan may choose to waive verification of minimum water savings requirements upon request of the applicant. Determinations will be made on a case-by-case basis.
Metropolitan reserves the right to request Meter readings from units granted a waiver of verification of minimum water savings for up to two years after delivery of the Unit to the applicant.
o The applicants agree to provide any information requests from Metropolitan, not limited to product usage, meter reads, photo documentation, or other documentation, to fulfill any state or federal reporting requirements for Units purchased using grant funds.
Disclaimer. SoCal Water$mart, Metropolitan, and the retail water provider are not the manufacturer nor the distributor of any component of the Project and do not recommend or endorse the Project or any components thereof or the selection or qualifications of any Project installers, designers, manufacturers, or contract service providers. Metropolitan makes no warranties, either expressed or implied, as to the performance, operation, safety, efficiency, reliability, merchantability, or fitness for a particular purpose, use, or application of the Project or any equipment or measures selected, including any hazardous substances that may be contained in devices for the Project. Applicant is solely responsible for election, technical feasibility, installation, operational capability, reliability, and maintenance of the Project, and MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 47 of 124 Metropolitan makes no representations regarding selection of the Project or any equipment or measures selected. Metropolitan’s review of the design, construction, installation, operation, or maintenance of the Project or any components of the Project is not a representation as to the economic or technical feasibility, operational capability, efficiency, or reliability of the Project or any equipment or measures selected. Applicant cannot make any such representations to its customers or any other third parties on behalf of Metropolitan.
MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 48 of 124
CITY COUNCIL
AGENDA REPORT
DATE: OCTOBER 20, 2025
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 4
FILE I.D.: FRD220/GRT115
DEPT.: FIRE
PREPARER: R.DIERCK
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 25–67 WITH THE DEPARTMENT OF
HOMELAND SECURITY, FEDERAL EMERGENCY MANAGEMENT AGENCY TO ACCEPT A
STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE (SAFER) GRANT IN THE AMOUNT OF $443,796 TO HIRE TWO FULL–TIME FIREFIGHTER–PARAMEDICS CONSIDER AUTHORIZING A $443,796 APPROPRIATION FROM THE PUBLIC SAFETY
GRANT FUND TO COVER A PORTION OF SALARIES AND BENEFITS FOR TWO NEWLY HIRED FIREFIGHTER PARAMEDICS OVER A THREE–YEAR PERIOD
CONSIDER AUTHORIZING ADMINISTRATIVE SPECIALIST AMANDA ROMANO TO
ACCEPT THE GRANT AWARD AND TERMS IN THE FEMA ONLINE PORTAL REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 25–67 with the Department of Homeland Security, Federal Emergency Management Agency for acceptance of a $443,796 award under the 2024 Staffing for Adequate Fire and Emergency Response (SAFER) Grant Program to hire two full–time firefighter paramedics over the current and next two fiscal years to improve the Montclair Fire Departments’ staffing and deployment capabilities so they may more effectively respond to emergencies. The City Council is also requested to consider authorizing a $443,796 appropriation from the Public Safety Grant Fund to cover a portion of salaries and benefits for two newly hired firefighter paramedics over a three–year period – the balance of $283,606 would be covered by the General Fund.
A copy of proposed Agreement No. 25–67 is attached for the City Council’s review and consideration.
BACKGROUND: The Fire Department has been awarded a Fiscal Year 2024 Staffing for Adequate Fire and Emergency Response Grant (SAFER) in the amount of $443,796 from the Department of Homeland Security, Federal Emergency Management Agency (FEMA).
The SAFER program intends to improve or restore local fire departments’ staffing and deployment capabilities so they may more effectively respond to emergencies. With the restored or enhanced staffing, grantees should see an increase in the number of trained personnel assembled at the incident scene. FEMA has determined the Department’s submitted project for the hiring of two full–time firefighter paramedics to be consistent with this program and worthy of award.
In 2013, due to budget constraints as a result of the great recession and a reduction in personnel through attrition, the Montclair Fire Department eliminated its Medic Squad.
Since its removal, the Fire Department has strived to reinstate the Medic Squad, an attempt once more hindered by the COVID–19 pandemic. With instruction from the City Manager, the Fire Department is once again working to put the Medic Squad back in service with the help of funding received through the SAFER grant. The current fiscal year budget allocated the Medic Squad to run on two shifts, and acceptance of the 2024 SAFER Grant would allow full reinstate the Medic Squad on all three shifts reaching continuous 365 day per year staffing.
MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 49 of 124 FISCAL IMPACT: If the City Council approves acceptance of the 2024 SAFER Grant award, a reimbursement of $443,796 in federal funding would be allocated towards the cost of two newly hired entry–level firefighter paramedic salaries and benefits over a three–year period estimated to cost a total of $727,402. Accepting this award would require an appropriation from the Public Safety Grant Fund (1163) in the amount of $443,796, and the balance of $283,606 would be covered by the General Fund.
RECOMMENDATION: Staff recommends the City Council take the following actions:
1. Approve Agreement No. 25–67 with the Department of Homeland Security, Federal Emergency Management Agency to accept a staffing for adequate fire and emergency response (SAFER) grant in the amount of $443,796 to hire two full– time firefighter–paramedics;
2. Authorizing a $443,796 appropriation from the Public Safety Grant Fund to cover a portion of salaries and benefits for two newly hired firefighter paramedics over a three–year period; and
3. Authorize Administrative Specialist Amanda Romano to accept the grant award and terms in the FEMA online portal.
MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 50 of 124
Award Letter
Effective date: 09/20/2025
CITY OF MONTCLAIR
5111 BENITO STREET
MONTCLAIR, CA 91763
EMW-2024-FF-00585
Dear Amanda Romano,
Congratulations on behalf of the Department of Homeland Security. Your application submitted for the Fiscal Year (FY) 2024 Staffing for Adequate Fire and Emergency Response (FF) Grant funding opportunity has been approved in the amount of $448,565.80 in Federal funding.
As a condition of this award, you are required to contribute non-Federal funds equal to or greater than the non-Federal share percentage in the following table:
Year Non-Federal Share: Percentage of
Actual Costs
Federal Share: Percentage of
Actual Costs
First Year 25% 75%
Second
Year
25% 75%
Third Year 65% 35%
Before you request and receive any of the Federal funds awarded to you, you must establish acceptance of the award through the FEMA Grants Outcomes (FEMA GO) system. By accepting this award, you acknowledge that the terms of the following documents are incorporated into the terms of your award:
Summary Award Memo - included in this document
Agreement Articles - included in this document
Obligating Document - included in this document
2024 FF Notice of Funding Opportunity (NOFO) - incorporated by reference Please make sure you read, understand, and maintain a copy of these documents in your official file for this award.
Sincerely,
Stacey Street
Deputy Assistant Administrator
Grants Program Directorate
U.S. Department of Homeland Security
Washington, D.C. 20472
MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 51 of 124
Summary Award Memo
Program: Fiscal Year 2024 Staffing for Adequate Fire and Emergency Response Recipient: CITY OF MONTCLAIR
UEI-EFT: YM87HK81HED6
Award number: EMW-2024-FF-00585
Summary description of award
The purpose of the SAFER Grant Program is to provide funding directly to fire departments and volunteer firefighter interest organizations to assist in increasing the number of firefighters to help communities meet industry minimum standards and attain 24-hour staffing to provide adequate protection from fire and fire-related hazards, and to fulfill traditional missions of fire departments.
After careful consideration, FEMA has determined that the recipient's project or projects submitted as part of the recipient's application and detailed in the project narrative as well as the request details section of the application ― including budget information ― was consistent with the SAFER Grant Program’s purpose and was worthy of award.
Except as otherwise approved as noted in this award, the information you provided in your application for Fiscal Year (FY) 2024 Staffing for Adequate Fire and Emergency Response (SAFER) Grant funding is incorporated into the terms and conditions of this award. This includes any documents submitted as part of the application.
Position Cost Limit
The usual cost of a first-year firefighter in your department at the time your application was submitted was $242,468.00. The maximum amount of Federal funding provided to the recipient is limited to the following:
Year Federal Funding Cap
Percent
Federal Funding Cap Amount per
Firefighter
First Year 75% $181,851.00
Second
Year
75% $181,851.00
Third Year 35% $84,863.79
MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 52 of 124
Amount awarded
The amount of the award is detailed in the attached Obligating Document for Award. The cost share amounts described in this award letter are based on the approved total project cost; however, the Federal funding available is limited based on the applicable position cost limit and the applicable cost share as applied to actual costs.
The following are the total approved budgeted estimates for object classes for all funded firefighter positions for this award (including Federal share plus your cost share, if applicable, as applied to the estimated costs):
Object Class First Year Second Year Third Year Total
Personnel $179,194.00 $179,194.00 $179,194.00 $537,582.00 Fringe benefits $63,274.00 $63,274.00 $63,274.00 $189,822.00 Travel $0.00 $0.00 $0.00 $0.00
Equipment $0.00 $0.00 $0.00 $0.00
Supplies $0.00 $0.00 $0.00 $0.00
Contractual $0.00 $0.00 $0.00 $0.00
Construction $0.00 $0.00 $0.00 $0.00
Other $0.00 $0.00 $0.00 $0.00
Indirect charges $0.00 $0.00 $0.00 $0.00
Federal $181,851.00 $181,851.00 $84,863.80 $448,565.80
Non-federal $60,617.00 $60,617.00 $157,604.20 $278,838.20 Total $242,468.00 $242,468.00 $242,468.00 $727,404.00
Program Income $0.00
Approved scope of work
After review of your application, FEMA has approved the below scope of work. Justifications are provided for any differences between the scope of work in the original application and the approved scope of work under this award. You must submit scope or budget revision requests for FEMA's prior approval, via an amendment request, as appropriate per 2 C.F.R. § 200.308 and the FY2024 FF NOFO.
MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 53 of 124
Approved request details:
Hiring of Firefighters
New, Additional Firefighter(s)
BENEFITS FUNDED
Full-time firefighters are covered by the Public Employees' Retirement System (PERS). The City contributes to medical, dental, and vision health plans for the employee with family coverage available. A term life insurance policy is paid for by the City as well as a long-term disability plan (LTD). Benefits also include Medicare, workers comp, unemployment insurance, and a uniform allowance. Dollar amounts per hour for each benefit for each of the three years are as follows: PERS ($4.39, $4.61, $4.84); Medicare ($0.44, $0.46, $0.48); workers comp ($0.93, $0.98, $1.03); unemployment insurance ($0.06, $0.06, $0.06); life insurance ($0.06, $0.06. $0.06); long-term disability ($0.11, $0.12, $0.12), health care ($4.19, $4.40, $4.61); and uniform allowance ($0.15, $0.15, $0.16).
NUMBER OF
FIREFIGHTERS
ANNUAL
SALARY
PRICE
ANNUAL
BENEFITS
TOTAL PER
FIREFIGHTER
2 $89,597.00 $31,637.00 $121,234.00
3 YEAR
TOTAL
$727,404.00
MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 54 of 124
Agreement Articles
Program: Fiscal Year 2024 Staffing for Adequate Fire and Emergency Response Recipient: CITY OF MONTCLAIR
UEI-EFT: YM87HK81HED6
Award number: EMW-2024-FF-00585
Table of contents
Article 1
Article 2
Article 3
Article 4
Article 5
Article 6
Article 7
Article 8
Article 9
Article 10
Article 11
Article 12
Article 13
Article 14
Article 15
Article 16
Article 17
Article 18
Article 19
Article 20
Article 21
Article 22
Article 23
Article 24
Article 25
Article 26
Article 27
Article 28
Article 29
Assurance, Administrative Requirements, Cost Principles, Representations, and Certifications General Acknowledgements and Assurances
Acknowledgement of Federal Funding from DHS
Activities Conducted Abroad
Age Discrimination Act of 1975
Americans with Disabilities Act of 1990
Best Practices for Collection and Use of Personally Identifiable Information CHIPS and Science Act of 2022, Public Law 117-167 CHIPS Civil Rights Act of 1964 – Title VI
Civil Rights Act of 1968
Communication & Cooperation with the Department of Homeland Security & Immigration Officials Copyright
Debarment and Suspension
Drug-Free Workplace Regulations
Duplicative Costs
Education Amendments of 1972 (Equal Opportunity in Education Act) – Title IX Energy Policy and Conservation Act
Equal Treatment of Faith-Based Organizations
Anti-Discrimination
False Claims Act and Program Fraud Civil Remedies
Federal Debt Status
Federal Leadership on Reducing Text Messaging while Driving Fly America Act of 1974
Hotel and Motel Fire Safety Act of 1990
John S. McCain National Defense Authorization Act of Fiscal Year 2019 Article Limited English Proficiency (Civil Rights Act of 1964, Title VI) Article Lobbying Prohibitions
Article National Environmental Policy Act
Article National Security Presidential Memorandum-33 (NSPM-33) and provisions of the CHIPS and Science Act of 2022, Pub. L. 117-167, Section 10254 Article MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 55 of 124
Article 30
Article 31
Article 32
Article 33
Article 34
Article 35
Article 36
Article 37
Article 38
Article 39
Article 40
Article 41
Article 42
Article 43
Article 44
Article 45
Article 46
Article 47
Article 48
Article 49
Article 50
Article 51
Article 52
Article 53
Article 54
Article 55
Article 56
Article 57
Article 58
Article 59
Non-Supplanting Requirement
Notice of Funding Opportunity Requirements
Patents and Intellectual Property Rights
Presidential Executive Orders
Procurement of Recovered Materials
Rehabilitation Act of 1973
Reporting Recipient Integrity and Performance Matters
Reporting Subawards and Executive Compensation
Required Use of American Iron, Steel, Manufactured Products, and Construction Materials Article SAFECOM
Subrecipient Monitoring and Management
System for Award Management and Unique Entity Identifier Requirements Termination of a Federal Award
Terrorist Financing
Trafficking Victims Protection Act of 2000(TVPA)
Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001, Pub. L. 107-56
Use of DHS Seal, Logo and Flags
Whistleblower Protection Act
Environmental Planning and Historic Preservation (EHP) Review Applicability of DHS Standard Terms and Conditions to Tribal Nations Acceptance of Post Award Changes
Disposition of Equipment Acquired Under the Federal Award Prior Approval for Modification of Approved Budget
Indirect Cost Rate
Build America, Buy America Act (BABAA) Required Contract Provision & SelfCertification Award Performance Goals
Termination of the Federal Award (Updated)
Payment Information (Updated)
Non-Applicability of Specific Agreement Articles
MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 56 of 124
Article 1 Assurance, Administrative Requirements, Cost Principles, Representations, and Certifications
I. Recipients must complete either the Office of Management and Budget (OMB) Standard Form 424B Assurances – Non- Construction Programs, or OMB Standard Form 424D Assurances – Construction Programs, as applicable. Certain assurances in these documents may not be applicable to your program and the DHS financial assistance office (DHS FAO) may require applicants to certify additional assurances. Applicants are required to fill out the assurances, as instructed.
Article 2 General Acknowledgements and Assurances
Recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in effect as of the federal award date and located in Title 2, Code of Federal Regulations, Part 200 and adopted by DHS at 2 C.F.R. § 3002.10. All recipients and subrecipients must acknowledge and agree to provide DHS access to records, accounts, documents, information, facilities, and staff pursuant to 2 C.F.R. § 200.337. I. Recipients must cooperate with any DHS compliance reviews or compliance investigations. II. Recipients must give DHS access to examine and copy records, accounts, and other documents and sources of information related to the federal award and permit access to facilities and personnel. III. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. IV. Recipients must comply with all other special reporting, data collection, and evaluation requirements required by law, federal regulation, Notice of Funding Opportunity, federal award specific terms and conditions, and/or DHS Component program guidance. Organization costs related to data and evaluation are allowable. The definition of data and evaluation costs is in 2 C.F.R. § 200.455(c), the full text of which is incorporated by reference. V. Recipients must complete DHS Form 3095 within 60 days of receipt of the Notice of Award for the first award under which this term applies. For further instructions and to access the form, please visit: https://www.dhs.gov/civil-rightsresources-recipients-dhs-financialassistance.
Article 3 Acknowledgement of Federal Funding from DHS
Recipients must acknowledge their use of federal award funding when issuing statements, press releases, requests for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with federal award funds.
Article 4 Activities Conducted Abroad
Recipients must coordinate with appropriate government authorities when performing project activities outside the United States obtain all appropriate licenses, permits, or approvals.
MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 57 of 124
Article 5 Age Discrimination Act of 1975
Recipients must comply with the requirements of the Age Discrimination Act of 1975, Pub. L. No. 94-135 (codified as amended at Title 42, U.S. Code § 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance.
Article 6 Americans with Disabilities Act of 1990
Recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, Pub. L. No. 101-336 (1990) (codified as amended at 42 U.S.C. §§ 12101– 12213), which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities.
Article 7 Best Practices for Collection and Use of Personally Identifiable Information
(1) Recipients who collect personally identifiable information (PII) as part of carrying out the scope of work under a federal award are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the PII they collect. (2) Definition. DHS defines “PII” as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual.
Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as useful resources respectively.
Article 8 CHIPS and Science Act of 2022, Public Law 117-167 CHIPS (1) Recipients of DHS research and development (R&D) awards must report to the DHS Component research program office any finding or determination of sex based and sexual harassment and/or an administrative or disciplinary action taken against principal investigators or co-investigators to be completed by an authorized organizational representative (AOR) at the recipient institution. (2) Notification. An AOR must disclose the following information to agencies within 10 days of the date/the finding is made, or 10 days from when a recipient imposes an administrative action on the reported individual, whichever is sooner.
Reports should include: (a) Award number, (b) Name of PI or Co-PI being reported, (c) Awardee name, (d) Awardee address, (e) AOR name, title, phone, and email address, (f) Indication of the report type: (i) Finding or determination has been made that the reported individual violated awardee policies or codes of conduct, statutes, or regulations related to sexual harassment, sexual assault, or other forms of harassment, including the date that the finding was made. (ii) Imposition of an administrative or disciplinary action by the recipient on the reporting individual related to a finding/determination or an investigation of an alleged violation of recipient policy or codes of conduct, statutes, or regulations, or other forms of harassment. (iii) The date and nature of the administrative/disciplinary action, including a basic explanation or description of the event, which should not disclose personally identifiable information regarding any complaints or individuals involved. Any description provided must be consistent with the Family Educational Rights in Privacy Act. (3) Definitions. (a) An “authorized organizational representative (AOR)” is an administrative official who, on behalf of the proposing institution, is MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 58 of 124
empowered to make certifications and representations and can commit the institution to the conduct of a project that an agency is being asked to support as well as adhere to various agency policies and award requirements. (b) “Principal investigators and co-principal investigators” are award personnel supported by a grant, cooperative agreement, or contract under Federal law. (c) A “reported individual” refers to recipient personnel who have been reported to a federal agency for potential sexual harassment violations. (d) “Sex based harassment” means a form of sex discrimination and includes harassment based on sex, sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity. (e) “Sexual harassment” means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance, or creates an intimidating, hostile, or offensive work environment, whether such activity is carried out by a supervisor or by a co-worker, volunteer, or contractor.
Article 9 Civil Rights Act of 1964 – Title VI
Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964, Pub. L. No. 88-352 (codified as amended at 42 U.S.C. § 2000d et seq.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F.R. Part 21. Recipients of a federal award from the Federal Emergency Management Agency (FEMA) must also comply with FEMA’s implementing regulations at 44 C.F.R. Part 7.
Article 10 Civil Rights Act of 1968
Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L.
No. 90284 (codified as amended at 42 U.S.C. § 3601 et seq.) which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection. therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex, as implemented by the U.S. Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units— i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators) —be designed and constructed with certain accessible features. (See 24 C.F.R.
Part 100, Subpart D.)
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Article 11 Communication and Cooperation with the Department of Homeland Security and Immigration Officials
(1) All recipients and other recipients of funds under this award must agree that they will comply with the following requirements related to coordination and cooperation with the Department of Homeland Security and immigration officials: (a) They must comply with the requirements of 8 U.S.C. §§ 1373 and 1644. These statutes prohibit restrictions on information sharing by state and local government entities with DHS regarding the citizenship or immigration status, lawful or unlawful, of any individual. Additionally, 8 U.S.C. § 1373 prohibits any person or agency from prohibiting, or in any way restricting, a Federal, State, or local government entity from doing any of the following with respect to information regarding the immigration status of any individual: 1) sending such information to, or requesting or receiving such information from, Federal immigration officials; 2) maintaining such information; or 3) exchanging such information with any other Federal, State, or local government entity; (b) They must comply with other relevant laws related to immigration, including prohibitions on encouraging or inducing an alien to come to, enter, or reside in the United States in violation of law, 8 U.S.C. § 1324(a)(1)(A)(iv), prohibitions on transporting or moving illegal aliens, 8 U.S.C. § 1324(a)(1)(A)(ii), prohibitions on harboring, concealing, or shielding from detection illegal aliens, 8 U.S.C. § 1324(a)(1)(A)(iii), and any applicable conspiracy, aiding or abetting, or attempt liability regarding these statutes; (c) That they will honor requests for cooperation, such as participation in joint operations, sharing of information, or requests for short term detention of an alien pursuant to a valid detainer. A jurisdiction does not fail to comply with this requirement merely because it lacks the necessary resources to assist in a particular instance; (d) That they will provide access to detainees, such as when an immigration officer seeks to interview a person who might be a removable alien; and (e) That they will not leak or otherwise publicize the existence of an immigration enforcement operation. (2) The recipient must certify under penalty of perjury pursuant to 28 U.S.C. § 1746 and using a form that is acceptable to DHS, that it will comply with the requirements of this term. Additionally, the recipient agrees that it will require any subrecipients or contractors to certify in the same manner that they will comply with this term prior to providing them with any funding under this award. (3) The recipient agrees that compliance with this term is material to the Government’s decision to make or continue with this award and that the Department of homeland Security may terminate this grant, or take any other allowable enforcement action, if the recipient fails to comply with this term.
Article 12 Copyright
Recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 to any work first produced under federal awards and also include an acknowledgement that the work was produced under a federal award (including the federal award number and federal awarding agency). As detailed in 2 C.F.R. § 200.315, a federal awarding agency reserves a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use the work for federal purposes and to authorize others to do so.
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Article 13 Debarment and Suspension
Recipients must comply with the non-procurement debarment and suspension regulations implementing Executive Orders 12549 and 12689 set forth at 2 C.F.R. Part 180 as implemented by DHS at 2 C.F.R. Part 3000. These regulations prohibit recipients from entering into covered transactions (such as subawards and contracts) with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities.
Article 14 Drug-Free Workplace Regulations
Recipients must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2 C.F.R. Part 3001, which adopts the Government- wide implementation (2 C.F.R. Part 182) of the DrugFree Workplace Act of 1988 (41 U.S.C. §§ 8101-8106).
Article 15 Duplicative Costs
Recipients are prohibited from charging any cost to this federal award that will be included as a cost or used to meet cost sharing requirements of any other federal award in either the current or a prior budget period. See 2 C.F.R. § 200.403(f). However, recipients may shift costs that are allowable under two or more federal awards where otherwise permitted by federal statutes, regulations, or the federal award terms and conditions.
Article 16 Education Amendments of 1972 (Equal Opportunity in Education Act) – Title IX
Recipients must comply with the requirements of Title IX of the Education Amendments of 1972, Pub. L. No. 92-318 (codified as amended at 20 U.S.C. § 1681 et seq.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17. Recipients of a federal award from the Federal Emergency Management Agency (FEMA) must also comply with FEMA’s implementing regulations at 44 C.F.R. Part 19.
Article 17 Energy Policy and Conservation Act
Recipients must comply with the requirements of the Energy Policy and Conservation Act, Pub. L. No. 94-163 (1975) (codified as amended at 42 U.S.C. § 6201 et seq.), which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.
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Article 18 Equal Treatment of Faith-Based Organizations It is DHS policy to ensure the equal treatment of faith-based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries. Recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statutes, regulations, and guidance governing the participations of faith-based organizations in individual DHS programs.
Article 19 Anti-Discrimination
Recipients must comply with all applicable Federal anti-discrimination laws material to the government’s payment decisions for purposes of 31 U.S.C. § 372(b)(4). (1) Definitions. As used in this clause – (a) DEI means “diversity, equity, and inclusion.” (b) DEIA means “diversity, equity, inclusion, and accessibility.” (c) Discriminatory equity ideology has the meaning set forth in Section 2(b) of Executive Order 14190 of January 29, 2025. (d) Federal antidiscrimination laws mean Federal civil rights law that protect individual Americans from discrimination on the basis of race, color, sex, religion, and national origin. (e) Illegal immigrant means any alien, as defined in 8 U.S.C. § 1101(a)(3), who has no lawful immigration status in the United States.(2) Grant award certification. (a) By accepting the grant award, recipients are certifying that: (i) They do not, and will not during the term of this financial assistance award, operate any programs that advance or promote DEI, DEIA, or discriminatory equity ideology in violation of Federal anti-discrimination laws; and (ii) They do not engage in and will not during the term of this award engage in, a discriminatory prohibited boycott. (iii) They do not, and will not during the term of this award, operate any program that benefits illegal immigrants or incentivizes illegal immigration. (3) DHS reserves the right to suspend payments in whole or in part and/or terminate financial assistance awards if the Secretary of Homeland Security or her designee determines that the recipient has violated any provision of subsection (2). (4) Upon suspension or termination under subsection (3), all funds received by the recipient shall be deemed to be in excess of the amount that the recipient is determined to be entitled to under the Federal award for purposes of 2 C.F.R. § 200.346. As such, all amounts received will constitute a debt to the Federal Government that may be pursued to the maximum extent permitted by law.
Article 20 False Claims Act and Program Fraud Civil Remedies Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. §§ 3729- 3733, which prohibit the submission of false or fraudulent claims for payment to the Federal Government. (See 31 U.S.C. §§ 3801-3812, which details the administrative remedies for false claims and statements made.)
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Article 21 Federal Debt Status
All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A129.
Article 22 Federal Leadership on Reducing Text Messaging while Driving Recipients are encouraged to adopt and enforce policies that ban text messaging while driving recipient-owned, recipient-rented, or privately owned vehicles when on official government business or when performing any work for or on behalf of the Federal Government. Recipients are also encouraged to conduct the initiatives of the type described in Section 3(a) of Executive Order 13513.
Article 23 Fly America Act of 1974
Recipients must comply with Preference for U.S. Flag Air Carriers (a list of certified air carriers can be found at: Certificated Air Carriers List | US Department of Transportation, https://www.transportation.gov/policy/aviationpolicy/certificated-aircarriers-list)for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. § 40118, and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942.
Article 24 Hotel and Motel Fire Safety Act of 1990
Recipients must ensure that all conference, meeting, convention, or training space funded entirely or in part by federal award funds complies with the fire prevention and control guidelines of Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. § 2225a.
Article 25 John S. McCain National Defense Authorization Act of Fiscal Year 2019 Recipients, subrecipients, and their contractors and subcontractors are subject to the prohibitions described in section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232 (2018) and 2 C.F.R. §§ 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200. The statute – as it applies to DHS recipients, subrecipients, and their contractors and subcontractors – prohibits obligating or expending federal award funds on certain telecommunications and video surveillance products and contracting with certain entities for national security reasons.
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Article 26 Limited English Proficiency (Civil Rights Act of 1964, Title VI) Recipients must comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance: https://www.dhs.gov/guidance-published-helpdepartment-supported-organizationsprovide-meaningful-access-people-limited and additional resources on http://www.lep.gov.
Article 27 Lobbying Prohibitions
Recipients must comply with 31 U.S.C. § 1352 and 6 C.F.R. Part 9, which provide that none of the funds provided under a federal award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action related to a federal award or contract, including any extension, continuation, renewal, amendment, or modification.
Per 6 C.F.R. Part 9, recipients must file a lobbying certification form as described in Appendix A to 6 C.F.R. Part 9 or available on Grants.gov as the Grants.gov Lobbying Form and file a lobbying disclosure form as described in Appendix B to 6 C.F.R. Part 9 or available on Grants.gov as the Disclosure of Lobbying Activities (SF-LLL).
Article 28 National Environmental Policy Act
Recipients must comply with the requirements of the National Environmental Policy Act of 1969, Pub. L. No. 91-190 (1970) (codified as amended at 42 U.S.C. § 4321 et seq.) (NEPA) and the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which require recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans.
Article 29 National Security Presidential Memorandum-33 (NSPM-33) and provisions of the CHIPS and Science Act of 2022, Pub. L. 117-167, Section 10254
(1) Recipient research institutions (“covered institutions”) must comply with the requirements in NSPM-33 and provisions of Pub. L.117-167, Section 10254 (codified at 42 U.S.C. § 18951) certifying that the institution has established and operates a research security program that includes elements relating to:
(a) cybersecurity; (b) foreign travel security; (c) research security training; and (d) export control training, as appropriate. (2) Definition. “Covered institutions” means recipient research institutions receiving federal Research and Development (R&D) science and engineering support “in excess of $50 million per year.”
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Article 30 Non-Supplanting Requirement
Recipients of federal awards under programs that prohibit supplanting by law must ensure that federal funds supplement but do not supplant non-federal funds that, in the absence of such federal funds, would otherwise have been made available for the same purpose.
Article 31 Notice of Funding Opportunity Requirements
All the instructions, guidance, limitations, scope of work, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this federal award are incorporated by reference. All recipients must comply with any such requirements set forth in the NOFO. If a condition of the NOFO is inconsistent with these terms and conditions and any such terms of the federal award, the condition in the NOFO shall be invalid to the extent of the inconsistency. The remainder of that condition and all other conditions set forth in the NOFO shall remain in effect.
Article 32 Patents and Intellectual Property Rights
Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq. and applicable regulations governing inventions and patents, including the regulations issued by the Department of Commerce at 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms under Government Awards, Contracts, and Cooperative Agreements) and the standard patent rights clause set forth at 37 C.F.R. § 401.14.
Article 33 Presidential Executive Orders
Recipients must comply with the requirements of Presidential Executive Orders related to grants (also known as federal assistance and financial assistance), the full text of which are incorporated by reference.
Article 34 Procurement of Recovered Materials
States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. No. 89-272 (1965) (codified as amended by the Resource Conservation and Recovery Act at 42 U.S.C. § 6962) and 2 C.F.R. § 200.323. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition.
Article 35 Rehabilitation Act of 1973
Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. No. 93-112 (codified as amended at 29 U.S.C. § 794), which provides that no otherwise qualified handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.
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Article 36 Reporting Recipient Integrity and Performance Matters If the total value of any currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of the federal award, then the recipient must comply with the requirements set forth in the government-wide federal award term and condition for Recipient Integrity and Performance Matters is in 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated by reference.
Article 37 Reporting Subawards and Executive Compensation For federal awards that total or exceed $30,000, recipients are required to comply with the requirements set forth in the government-wide federal award term and condition on Reporting Subawards and Executive Compensation set forth at 2 C.F.R. Part 170, Appendix A, the full text of which is incorporated by reference.
Article 38 Required Use of American Iron, Steel, Manufactured Products, and Construction Materials
(1) Recipients of a federal award from a financial assistance program that provides funding for infrastructure are hereby notified that none of the funds provided under this federal award may be used for a project for infrastructure unless: (a) all iron and steel used in the project are produced in the United States—this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (b) all manufactured products used in the project are produced in the United States— this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and (c) all construction materials are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States. (2) The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. (3) Waivers When necessary, recipients may apply for, and the agency may grant, a waiver from these requirements. The agency should notify the recipient for information on the process for requesting a waiver from these requirements. (a) When the Federal agency has determined that one of the following exceptions applies, the federal awarding official may waive the application of the domestic content procurement preference in any case in which the agency determines that: (i) applying the domestic content procurement preference would be inconsistent with the public interest; (ii) the MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 66 of 124
types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or (iii) the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent. (b) A request to waive the application of the domestic content procurement preference must be in writing. The agency will provide instructions on the format, contents, and supporting materials required for any waiver request. Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the Made in America Office. (c) There may be instances where a federal award qualifies, in whole or in part, for an existing waiver described at “Buy America” Preference in FEMA Financial Assistance Programs for Infrastructure | FEMA.gov. (4) Definitions. The definitions applicable to this term are set forth at 2 C.F.R. § 184.3, the full text of which is incorporated by reference.
Article 39 SAFECOM
Recipients receiving federal awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. The SAFECOM Guidance is updated annually and can be found at Funding and Sustainment | CISA.
Article 40 Subrecipient Monitoring and Management
Pass-through entities must comply with the requirements for subrecipient monitoring and management as set forth in 2 C.F.R. §§ 200.331-333.
Article 41 System for Award Management and Unique Entity Identifier Requirements
Recipients are required to comply with the requirements set forth in the governmentwide federal award term and condition regarding the System for Award Management and Unique Entity Identifier Requirements in 2 C.F.R. Part 25, Appendix A, the full text of which is incorporated reference.
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Article 42 Termination of a Federal Award
(1) By DHS. DHS may terminate a federal award, in whole or in part, for the following reasons: (a) If the recipient fails to comply with the terms and conditions of the federal award; (b) With the consent of the recipient, in which case the parties must agree upon the termination conditions, including the effective date, and in the case of partial termination, the portion to be terminated; or (c) Pursuant to the terms and conditions of the federal award, including, to the extent authorized by law, if the federal award no longer effectuates the program goals or agency priorities. (3) By the Recipient. The recipient may terminate the federal award, in whole or in part, by sending written notification to DHS stating the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. However, if DHS determines that the remaining portion of the federal award will not accomplish the purposes for which the federal award was made, DHS may terminate the federal award in its entirety. (4) Notice.
Either party will provide written notice of intent to terminate for any reason to the other party no less than 30 calendar days prior to the effective date of the termination. (5) Compliance with Closeout Requirements for Terminated Awards. The recipient must continue to comply with closeout requirements in 2 C.F.R. §§ 200.344200.345 after an award is terminated.
Article 43 Terrorist Financing
Recipients must comply with Executive Order 13224 and applicable statutory prohibitions on transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible for ensuring compliance with the Executive Order and laws.
Article 44 Trafficking Victims Protection Act of 2000(TVPA) Recipients must comply with the requirements of the government-wide federal award term and condition which implements Trafficking Victims Protection Act of 2000, Pub. L. No. 106-386, § 106 (codified as amended at 22 U.S.C. § 7104). The federal award term and condition is in 2 C.F.R. § 175.105, the full text of which is incorporated by reference.
Article 45 Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001, Pub. L. 107-56
Recipients must comply with the requirements of Pub. L. 107-56, Section 817 of the USA PATRIOT Act, which amends 18 U.S.C. §§ 175–175c.
Article 46 Use of DHS Seal, Logo and Flags
Recipients must obtain written permission from DHS prior to using the DHS seals, logos, crests, or reproductions of flags, or likenesses of DHS agency officials. This includes use of DHS component (e.g., FEMA, CISA, etc.) seals, logos, crests, or reproductions of flags, or likenesses of component officials.
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Article 47 Whistleblower Protection Act
Recipients must comply with the statutory requirements for whistleblower protections in 10 U.S.C § 470141 U.S.C. § 4712.
Article 48 Environmental Planning and Historic Preservation (EHP) Review DHS/FEMA funded activities that could have an impact on the environment are subject to the FEMA EHP review process. This review does not address all federal, state, and local requirements. Acceptance of federal funding requires the recipient to comply with all federal, state, and local laws. DHS/FEMA is required to consider the potential impacts to natural and cultural resources of all projects funded by DHS/FEMA grant funds, through its EHP review process, as mandated by: the National Environmental Policy Act; Endangered Species Act; National Historic Preservation Act of 1966, as amended; Clean Water Act; Clean Air Act; National Flood Insurance Program regulations; and any other applicable laws, regulations and executive orders. General guidance for FEMA’s EHP process is available on the DHS/FEMA Website. Specific applicant guidance on how to submit information for EHP review depends on the individual grant program. Applicants should contact their grant Program Officer to be put into contact with EHP staff responsible for assisting their specific grant program. The FEMA EHP review process must be completed before funds are released to carry out the proposed project, otherwise, DHS/FEMA may not be able to fund the project due to noncompliance with EHP laws, executive orders, regulations, and policies. DHS/FEMA may also need to perform a project closeout review to ensure the applicant complied with all required EHP conditions identified in the initial review. If ground disturbing activities occur during construction, the applicant will monitor the ground disturbance, and if any potential archaeological resources are discovered, the applicant will immediately cease work in that area and notify the pass-through entity, if applicable, and DHS/FEMA. EO 11988, Floodplain Management, and EO 11990, Protection of Wetlands, require that all federal actions in or affecting the floodplain or wetlands be reviewed for opportunities to relocate, and be evaluated for social, economic, historical, environmental, legal, and safety considerations. FEMA’s regulations at 44 C.F.R. Part 9 implement the EOs and require an eight-step review process if a proposed action is in a floodplain or wetland or has the potential to affect or be affected by a floodplain or wetland. The regulation also requires that the federal agency provide public notice of the proposed action at the earliest possible time to provide the opportunity for public involvement in the decision-making process (44 C.F.R. § 9.8). Where there is no opportunity to relocate the federal action, FEMA is required to undertake a detailed review to determine what measures can be taken to minimize future damages to the floodplain or wetland.
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Article 49 Applicability of DHS Standard Terms and Conditions to Tribal Nations The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon recipients and flow down to sub-recipients as a matter of law, regulation, or executive order. If the requirement does not apply to Tribal Nations, or there is a federal law or regulation exempting its application to Tribal Nations, then the acceptance by Tribal Nations, or acquiescence to DHS Standard Terms and Conditions does not change or alter its inapplicability to a Tribal Nation. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribal Nations where it does not already exist.
Article 50 Acceptance of Post Award Changes
In the event FEMA determines that an error in the award package has been made, or if an administrative change must be made to the award package, recipients will be notified of the change in writing. Once the notification has been made, any subsequent requests for funds will indicate recipient acceptance of the changes to the award. Please email FEMA Grant Management Operations at: [email protected] for any questions.
Article 51 Disposition of Equipment Acquired Under the Federal Award When original or replacement equipment acquired under this award is no longer needed for the original project or program or for other activities currently or previously supported by a federal awarding agency, the non-state recipient or subrecipient (including subrecipients of a State or Tribal Nation), must request instructions from FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. section 200.313(e). State recipients must follow the disposition requirements in accordance with State laws and procedures. 2 C.F.R. section 200.313(b). Tribal Nations must follow the disposition requirements in accordance with Tribal laws and procedures noted in 2 C.F.R. section 200.313(b); and if such laws and procedures do not exist, then Tribal Nations must follow the disposition instructions in 2 C.F.R. section 200.313(e).
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Article 52 Prior Approval for Modification of Approved Budget Before making any change to the FEMA approved budget for this award, a written request must be submitted and approved by FEMA as required by 2 C.F.R. section 200.308. For purposes of non-construction projects, FEMA is utilizing its discretion to impose an additional restriction under 2 C.F.R. section 200.308(i) regarding the transfer of funds among direct cost categories, programs, functions, or activities. For awards with an approved budget where the federal share is greater than the simplified acquisition threshold (currently $250,000) and where the cumulative amount of such transfers exceeds or is expected to exceed ten percent (10%) of the total budget FEMA last approved, transferring funds among direct cost categories, programs, functions, or activities is unallowable without prior written approval from FEMA. For purposes of awards that support both construction and non-construction work, 2 C.F.R. section 200.308((f)(9) requires the recipient to obtain prior written approval from FEMA before making any fund or budget transfers between the two types of work. Any deviations from a FEMA approved budget must be reported in the first Federal Financial Report (SF-425) that is submitted following any budget deviation, regardless of whether the budget deviation requires prior written approval.
Article 53 Indirect Cost Rate
2 C.F.R. section 200.211(b)(16) requires the terms of the award to include the indirect cost rate for the federal award. If applicable, the indirect cost rate for the award is stated in the budget documents or other materials approved by FEMA and included in the award file.
Article 54 Build America, Buy America Act (BABAA) Required Contract Provision & Self-Certification
In addition to the DHS Standard Terms & Conditions regarding Required Use of American Iron, Steel, Manufactured Products, and Construction Materials, recipients and subrecipients of FEMA financial assistance for programs that are subject to BABAA must include a Buy America preference contract provision as noted in 2 C.F.R. section 184.4 and a self-certification as required by the FEMA Buy America Preference in FEMA Financial Assistance Programs for Infrastructure (FEMA Interim Policy #207-22-0001). This requirement applies to all subawards, contracts, and purchase orders for work performed, or products supplied under the FEMA award subject to BABAA.
Article 55 Award Performance Goals
FEMA will measure the recipient’s performance of the grant by comparing the firefighter hiring activities of new, additional firefighters, rehire laid off firefighters, or retain firefighters facing layoff OR recruitment and retention activities of volunteer firefighters who are involved with or trained in the operations of firefighting and emergency response as requested in its application. In order to measure performance, FEMA may request information throughout the period of performance. In its final performance report submitted at closeout, the recipient is required to report on the recipients increased compliance with the National standards described in the NOFO.
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Article 56 Termination of the Federal Award (Updated)
1. Paragraph C.XL of the FY 2025 DHS Standard Terms and Conditions, v.3 sets forth a term and condition entitled “Termination of a Federal Award.” The termination provision condition listed below applies to the grant award and the term and condition in Paragraph C.XL of the FY 2025 DHS Standard Terms and Conditions, v.3 does not.
2. Termination of the Federal Award by FEMA
FEMA may terminate the federal award in whole or in part for one of the following reasons identified in 2 C.F.R. § 200.340:
a. If the recipient or subrecipient fails to comply with the terms and conditions of the federal award.
b. With the consent of the recipient, in which case FEMA and the recipient must agree upon the termination conditions. These conditions include the effective date and, in the case of partial termination, the portion to be terminated.
c. If the federal award no longer effectuates the program goals or agency priorities. Under this provision, FEMA may terminate the award for these purposes if any of the following reasons apply:
i. If DHS/FEMA, in its sole discretion, determines that a specific award objective is ineffective at achieving program goals as described in this NOFO; ii. If DHS/FEMA, in its sole discretion, determines that an objective of the award as described in this NOFO will be ineffective at achieving program goals or agency priorities;
iii. If DHS/FEMA, in its sole discretion, determines that the design of the grant program is flawed relative to program goals or agency priorities; iv. If DHS/FEMA, in its sole discretion, determines that the grant program is not aligned to either the DHS Strategic Plan, the FEMA Strategic Plan, or successor policies or documents;
v. If DHS/FEMA, in its sole discretion, changes or re-evaluates the goals or priorities of the grant program and determines that the award will be ineffective at achieving the updated program goals or agency priorities; or vi. For other reasons based on program goals or agency priorities described in the termination notice provided to the recipient pursuant to 2 C.F.R. § 200.341. vii. If the awardee falls out of compliance with the Agency’s statutory or regulatory authority, award terms and conditions, or other applicable laws.
3. Termination of a Subaward by the Pass-Through EntityThe passthrough entity may terminate a subaward in whole or in part for one of the following reasons identified in 2 C.F.R. § 200.340:
a. If the subrecipient fails to comply with the terms and conditions of the federal award.
b. With the consent of the subrecipient, in which case the pass-through entity and the subrecipient must agree upon the termination conditions.
These conditions include the effective date and, in the case of partial termination, the portion to be terminated.
c. If the pass-through entity’s award has been terminated, the passthrough recipient will terminate its subawards.
4. Termination by the Recipient or Subrecipient
The recipient or subrecipient may terminate the federal award in whole or in part for the following reasons identified in 2 C.F.R. § 200.340: Upon sending FEMA or the pass-through entity a written notification of the reasons for such termination, the effective date, and, in the case of partial termination, the MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 72 of 124
portion to be terminated. However, if FEMA or the pass-through entity determines that the remaining portion of the federal award will not accomplish the purposes for which the federal award was made, FEMA or the passthrough entity may terminate the federal award in its entirety.
5. Impacts of Termination
a. When FEMA terminates the federal award prior to the end of the period of performance due to the recipient’s material failure to comply with the terms and conditions of the federal award, FEMA will report the termination in SAM.gov in the manner described at 2 C.F.R. § 200.340(c).
b. When the federal award is terminated in part or its entirety, FEMA or the pass-through entity and the recipient or subrecipient remain responsible for compliance with the requirements in 2 C.F.R. §§ 200.344 and 200.345.
6. Notification Requirements
FEMA or the pass-through entity must provide written notice of the termination in a manner consistent with 2 C.F.R. § 200.341. The federal award will be terminated on the date of the notification unless stated otherwise in the notification.
7. Opportunities to Object and Appeals
Where applicable, when FEMA terminates the federal award, the written notification of termination will provide the opportunity, and describe the process, to object and provide information challenging the action, pursuant to 2 C.F.R. § 200.342.
8. Effects of Suspension and Termination
The allowability of costs to the recipient or subrecipient resulting from financial obligations incurred by the recipient or subrecipient during a suspension or after the termination of a federal award are subject to 2 C.F.R. § 200.343.
Article 57 Payment Information (Updated)
Recipients will submit payment requests in FEMA GO for FY25 awards under this program.
Instructions to Grant Recipients Pursuing Payments
FEMA reviews all grant payments and obligations to ensure allowability in accordance with 2 C.F.R. § 200.305. These measures ensure funds are disbursed appropriately while continuing to support and prioritize communities who rely on FEMA for assistance. Once a recipient submits a payment request in FEMA GO, FEMA will review the request. If FEMA approves a payment, it will process the payment through FEMA GO and the payment will be delivered pursuant to the recipients SAM.gov financial information. If FEMA disapproves a payment, FEMA will inform the recipient.
Processing and Payment Timeline
FEMA must comply with regulations governing payments to grant recipients.
See 2 C.F.R. § 200.305. For grant recipients other than States, 2 C.F.R. § 200.305(b)(3) stipulates that FEMA is to make payments on a reimbursement basis within 30 days after receipt of the payment request, unless FEMA reasonably believes the request to be improper. For state recipients, 2 C.F.R. §200.305(a) instructs that federal grant payments are MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 73 of 124
governed by Treasury-State Cash Management Improvement Act (CMIA) agreements ("Treasury-State agreement") and default procedures codified at 31 C.F.R. part 205 and Treasury Financial Manual (TFM) 4A-2000, "Overall Disbursing Rules for All Federal Agencies." See 2 C.F.R. §200.305(a).
Treasury-State agreements generally apply to "major federal assistance programs" that are governed by 31 C.F.R. part 205, subpart A and are identified in the Treasury-State agreement. 31 C.F.R. §§ 205.2, 205.6.
Where a federal assistance (grant) program is not governed by subpart A, payment and funds transfers from FEMA to the state are subject to 31 C.F.R. part 205, subpart B. Subpart B requires FEMA to "limit a funds transfer to a state to the minimum amounts needed by the state and must time the disbursement to be in accord with the actual, immediate cash requirements of the state in carrying out a federal assistance program or project. The timing and amount of funds transfers must be as close as is administratively feasible to a state's actual cash outlay for direct program costs and the proportionate share of any allowable indirect costs." 31 C.F.R. § 205.33(a). Nearly all FEMA grants are not "major federal assistance programs." As a result, payments to states for those grants are subject to the "default" rules of 31 C.F.R. part 205, subpart B.
If additional information is needed, a request for information will be issued by FEMA to the recipient; recipients are strongly encouraged to respond to any additional FEMA request for information inquiries within three business days.
If an adequate response is not received, the request may be denied, and the entity may need to submit a new reimbursement request; this will re-start the 30-day timeline.
Submission Process
All non-disaster grant program reimbursement requests must be reviewed and approved by FEMA prior to drawdowns.
For all non-disaster reimbursement requests (regardless of system), please ensure submittal of the following information:
1.Grant ID / Award Number
2.Total amount requested for drawdown
3.Purpose of drawdown and timeframe covered (must be within the award performance period)
4.Subrecipient Funding Details (if applicable).
•Is funding provided directly or indirectly to a subrecipient? •If no, include statement "This grant funding is not being directed to a subrecipient."
•If yes, provide the following details:
•The name, mission statement, and purpose of each subrecipient receiving funds, along with the amount allocated and the specific role or activity being reimbursed.
•Whether the subrecipient’s work or mission involves supporting aliens, regardless of whether FEMA funds support such activities. •Whether the payment request includes an activity involving support to aliens?
MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 74 of 124
•Whether the subrecipient has any diversity, equity, and inclusion practices.
5. Supporting documentation to demonstrate that expenses are allowable, allocable, reasonable, and necessary under 2 C.F.R. Part 200 and in compliance with the grant’s NOFO, award terms, and applicable federal regulations.
Article 58 Non-Applicability of Specific Agreement Articles Notwithstanding their inclusion in this award package, the following Agreement Articles do not apply to this grant award:
1. Communication and Cooperation with the Department of Homeland Security and Immigration Officials.
2. Paragraph (2)(a)(iii) of Anti-Discrimination.
Article 59 Non-Applicability of Specific Agreement Articles Notwithstanding their inclusion in this award package, the following Agreement Article does not apply to this grant award:
Termination of a Federal Award
The intent of this provision is to clarify that Paragraph C.XL (Termination of a Federal Award) of the FY 2025 DHS Standard Terms and Conditions does not apply to this award. Instead, the Agreement Article titled “Termination of the Federal Award”, or “Termination of the Federal Award (Updated)” applies to this grant award.
MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 75 of 124
Obligating document
MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 76 of 124
CITY COUNCIL
AGENDA REPORT
DATE: OCTOBER 20, 2025
SECTION: CONSENT - RESOLUTIONS
ITEM NO.: 1
FILE I.D.: STB300–17
DEPT.: FINANCE
PREPARER: C. GRAVES
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 25–3498 AUTHORIZING PLACEMENT
OF LIENS ON CERTAIN PROPERTIES FOR DELINQUENT SEWER AND TRASH CHARGES REASON FOR CONSIDERATION: Staff has identified 162 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. The City Council is requested to consider adoption of Resolution No. 25– 3498 authorizing placement of liens on certain properties for delinquent sewer and trash charges.
Proposed Resolution No. 25–3498 and Exhibit A detailing the properties and associated delinquent sewer and trash charges are attached for City Council review and consideration.
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 $64,032.37, plus $3,240.00 for release of lien fees, plus $8,100.00 in lien fees, for a total of $75,372.37.
RECOMMENDATION: Staff recommends the City Council adopt Resolution No. 25–3498 authorizing placement of liens on certain properties for delinquent sewer and trash charges.
MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 77 of 124 Resolution No. 25–3498 Page 1 of 1
RESOLUTION NO. 25–3498
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 162 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 September 4, 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, October 20, 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 – October 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. 25–3498 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 – 10/20/2025 Page 78 of 124 Exhibit A to Resolution No: 25–3498
Report of Delinquent Civil Debts – October 2025
Street No. Street Account Type Delinquency Release of
Lien Fee Lien Fee Total Lien Amount
11225 Ada Avenue Residential 354.56 20.00 50.00 424.56
10483 Adobe Court Residential 315.80 20.00 50.00 385.80 10207 Amherst Avenue Residential 515.95 20.00 50.00 585.95 10227 Amherst Avenue Residential 497.76 20.00 50.00 567.76 10350 Amherst Avenue Multifamily 304.52 20.00 50.00 374.52 11141 Amherst Avenue Residential 352.89 20.00 50.00 422.89 4238 Appaloosa Way Residential 354.23 20.00 50.00 424.23 4265 Appaloosa Way Residential 221.38 20.00 50.00 291.38 4314 Appaloosa Way Residential 354.67 20.00 50.00 424.67 10532 Arabian Place Residential 354.51 20.00 50.00 424.51 4624 Bandera Street Multifamily 617.84 20.00 50.00 687.84 5071 Bandera Street Residential 228.71 20.00 50.00 298.71 5077 Bandera Street Residential 343.23 20.00 50.00 413.23 5598 Bandera Street Residential 467.71 20.00 50.00 537.71 5621 Bandera Street Unit 2 Residential 354.56 20.00 50.00 424.56 8806 Banyan Avenue Multifamily 364.63 20.00 50.00 434.63 10145 Bel Air Avenue Residential 354.69 20.00 50.00 424.69 10283 Bel Air Avenue Residential 269.71 20.00 50.00 339.71 10545 Belgian Place Residential 354.87 20.00 50.00 424.87 5219 Belvedere Way Residential 386.77 20.00 50.00 456.77 5196 Benito Street Commercial 386.88 20.00 50.00 456.88 5206 Benito Street Commercial 386.99 20.00 50.00 456.99 5214 Berkshire Way Residential 454.70 20.00 50.00 524.70 4990 Brooks Street Commercial 7,613.18 20.00 50.00 7,683.18 11339 Brunswick Lane Residential 358.63 20.00 50.00 428.63 10978 Buckingham Way Residential 320.76 20.00 50.00 390.76 10488 Calico Court Residential 356.80 20.00 50.00 426.80 10401 Camarena Avenue Residential 295.56 20.00 50.00 365.56 10234 Camulos Avenue Residential 354.54 20.00 50.00 424.54 10259 Camulos Avenue Residential 375.03 20.00 50.00 445.03 4693 Canoga Street Multifamily 304.52 20.00 50.00 374.52 4742 Canoga Street Multifamily 304.52 20.00 50.00 374.52 4912 Canoga Street Residential 247.38 20.00 50.00 317.38 4924 Canoga Street Residential 353.73 20.00 50.00 423.73 4987 Canoga Street Residential 277.93 20.00 50.00 347.93 5034 Canoga Street Residential 344.32 20.00 50.00 414.32 5068 Canoga Street Residential 305.63 20.00 50.00 375.63 11239 Carriage Avenue Senior 464.41 20.00 50.00 534.41
11178 Carrillo Avenue Residential 354.69 20.00 50.00 424.69 9617 Central Avenue Commercial 355.44 20.00 50.00 425.44 4265 Clair Street Residential 354.67 20.00 50.00 424.67 4337 Clair Street Residential 389.11 20.00 50.00 459.11 5030 Clair Street Residential 330.39 20.00 50.00 400.39 5159 Clair Street Residential 237.55 20.00 50.00 407.55 5165 Clair Street Residential 332.34 20.00 50.00 402.34 5216 Clair Street Residential 259.83 20.00 50.00 329.83 MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 79 of 124 Exhibit A to Resolution No: 25–3498
Report of Delinquent Civil Debts – October 2025
Street No. Street Account Type Delinquency Release of
Lien Fee Lien Fee Total Lien Amount
4303 Clydesdale Way Residential 354.69 20.00 50.00 424.69 4337 Clydesdale Way Residential 291.02 20.00 50.00 361.02 10164 Coalinga Avenue Residential 354.69 20.00 50.00 424.69 10231 Coalinga Avenue Residential 354.69 20.00 50.00 424.69 10276 Coalinga Avenue Residential 258.28 20.00 50.00 328.28 11148 Coalinga Avenue Residential 354.69 20.00 50.00 424.69 11352 Cumberland Lane Residential 220.83 20.00 50.00 290.83 11362 Cumberland Lane Residential 386.99 20.00 50.00 456.99 11469 Cumberland Lane Residential 386.99 20.00 50.00 456.99 11333 Dartmouth Lane Residential 386.99 20.00 50.00 456.99 11373 Dartmouth Lane Residential 336.39 20.00 50.00 406.39 10187 Del Mar Avenue Residential 370.56 20.00 50.00 440.56 10190 Del Mar Avenue Residential 354.69 20.00 50.00 424.69 10236 Del Mar Avenue Residential 354.69 20.00 50.00 424.69 4506 Donner Court Residential 356.33 20.00 50.00 426.33 4512 Donner Court Residential 497.76 20.00 50.00 567.76 11159 Essex Avenue Residential 354.69 20.00 50.00 424.69 4157 Evart Street Residential 289.88 20.00 50.00 359.88 4696 Evart Street Residential 348.03 20.00 50.00 418.03 4771 Evart Street Residential 268.52 20.00 50.00 338.52 4790 Evart Street Residential 287.56 20.00 50.00 357.56 5195 Evart Street Senior 253.30 20.00 50.00 323.30
5383 Evart Street Residential 203.87 20.00 50.00 273.87 5457 Evart Street Residential 315.80 20.00 50.00 385.80 4114 Faircove Court Residential 210.65 20.00 50.00 280.65 4244 Fauna Street Residential 205.68 20.00 50.00 275.68 4291 Fauna Street Residential 354.69 20.00 50.00 424.69 4782 Fauna Street Residential 215.72 20.00 50.00 285.72 4852 Fauna Street Residential 354.69 20.00 50.00 424.69 5420 Fauna Street Residential 447.31 20.00 50.00 517.31 8919-21 Felipe Avenue Multifamily 709.39 20.00 50.00 779.39 10427 Felipe Lane Residential 337.83 20.00 50.00 407.83 4660 Flora Street Residential 469.00 20.00 50.00 539.00 4703 Fauna Street Residential 354.67 20.00 50.00 424.67 4704 Flora Street Residential 232.71 20.00 50.00 302.71 4730 Flora Street Residential 257.92 20.00 50.00 327.92 4932 Flora Street Residential 386.73 20.00 50.00 456.73 5029 Flora Street Residential 497.76 20.00 50.00 567.76 5370 Flora Street Residential 354.72 20.00 50.00 424.72 10253 Fremont Avenue Residential 354.69 20.00 50.00 424.69 10287 Fremont Avenue Residential 386.73 20.00 50.00 456.73 10365-67 Fremont Avenue Multifamily 481.60 20.00 50.00 551.60 10161 Geneva Avenue Residential 353.96 20.00 50.00 423.96 4581 Gold Rush Court Residential 308.56 20.00 50.00 378.56 4507 Grand Avenue Residential 220.63 20.00 50.00 290.63 10207 Greenwood Avenue Residential 370.56 20.00 50.00 440.56 MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 80 of 124 Exhibit A to Resolution No: 25–3498
Report of Delinquent Civil Debts – October 2025
Street No. Street Account Type Delinquency Release of
Lien Fee Lien Fee Total Lien Amount
3792 Hampton Drive Residential 386.99 20.00 50.00 456.99 10127 Helena Avenue Residential 354.96 20.00 50.00 424.96 4103 Howard Street Residential 354.69 20.00 50.00 424.69 4341 Howard Street Residential 354.69 20.00 50.00 424.69 4705 Howard Street Residential 386.99 20.00 50.00 456.99 4808 Howard Street Residential 279.90 20.00 50.00 469.90 4910 Howard Street Residential 240.34 20.00 50.00 310.34 5027 Howard Street Residential 288.96 20.00 50.00 358.96 10244 Kimberly Avenue Residential 354.09 20.00 50.00 424.09 10209 Kimberly Avenue Residential 354.69 20.00 50.00 424.69 4883 Kingsley Street Residential 481.11 20.00 50.00 551.11 4909 Kingsley Street Residential 348.51 20.00 50.00 418.51 4977 Kingsley Street Residential 200.33 20.00 50.00 270.33 5476 Kingsley Street Residential 354.71 20.00 50.00 424.71 10360-62 Lehigh Avenue Multifamily 709.39 20.00 50.00 779.39 4595 Mane Street Residential 353.25 20.00 50.00 423.25
4839 Mane Street Residential 354.69 20.00 50.00 424.69
10269 Marion Avenue Residential 374.23 20.00 50.00 444.23 11349 Marquette Lane Residential 252.87 20.00 50.00 322.87 10189 Mills Avenue Residential 284.72 20.00 50.00 354.72 10231 Mills Avenue Residential 354.69 20.00 50.00 424.69 5121 Mission Blvd Residential 279.70 20.00 50.00 349.70 5239 Monte Verde Street Residential 354.69 20.00 50.00 424.69 10120 Monte Vista Avenue Residential 352.16 20.00 50.00 422.16 11073 Monte Vista Avenue Residential 381.12 20.00 50.00 451.12 10163 Oak Glen Avenue Senior 354.69 20.00 50.00 424.69
10186 Oak Glen Avenue Residential 354.85 20.00 50.00 424.85 4595 Oakdale Street Residential 354.69 20.00 50.00 424.69 4909 Orchard Street Residential 312.92 20.00 50.00 382.92 5171 Orchard Street Senior 318.18 20.00 50.00 388.18
5422 Orchard Street Residential 354.69 20.00 50.00 424.69 11131 Pipeline Avenue Residential 497.76 20.00 50.00 567.76 10165 Poulsen Avenue Residential 303.37 20.00 50.00 373.37 10260 Poulsen Avenue Residential 407.03 20.00 50.00 477.03 10206 Pradera Avenue Residential 354.69 20.00 50.00 424.69 10231 Pradera Avenue Residential 315.80 20.00 50.00 385.80 10226 Ramona Avenue Residential 515.95 20.00 50.00 585.95 4668 Rawhide Street Residential 354.69 20.00 50.00 424.69 11463 Rockford Lane Residential 361.77 20.00 50.00 431.77 10988 San Juan Way Residential 315.80 20.00 50.00 385.80 11023 San Juan Way Residential 352.87 20.00 50.00 422.87 10964 San Miguel Way Residential 283.29 20.00 50.00 353.29 10976 San Pasqual Avenue Residential 233.35 20.00 50.00 303.35 11020 San Pasqual Avenue Residential 372.06 20.00 50.00 442.06 11083 San Pasqual Avenue Residential 608.17 20.00 50.00 678.17 10136 Santa Anita Avenue Residential 350.54 20.00 50.00 420.54 MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 81 of 124 Exhibit A to Resolution No: 25–3498
Report of Delinquent Civil Debts – October 2025
Street No. Street Account Type Delinquency Release of
Lien Fee Lien Fee Total Lien Amount
10183 Santa Anita Avenue Residential 386.24 20.00 50.00 456.24 10204 Santa Anita Avenue Residential 497.76 20.00 50.00 567.76 10221 Santa Anita Avenue Residential 354.69 20.00 50.00 424.69 10243 Santa Anita Avenue Residential 388.14 20.00 50.00 458.14 10298 Santa Anita Avenue Residential 373.08 20.00 50.00 443.08 10210 Santa Anita Avenue Residential 314.45 20.00 50.00 384.45 5538 Shirley Lane Residential 354.69 20.00 50.00 424.69 4779 State Street Residential 392.76 20.00 50.00 462.76 10115 Vernon Avenue Residential 282.10 20.00 50.00 352.10 10187 Vernon Avenue Residential 356.06 20.00 50.00 426.06 10192 Vernon Avenue Residential 218.31 20.00 50.00 288.31 10236 Vernon Avenue Residential 354.69 20.00 50.00 424.69 10241 Vernon Avenue Residential 354.87 20.00 50.00 424.87 5533 Vernon Court Residential 346.34 20.00 50.00 416.34 5554 Vernon Court Residential 429.86 20.00 50.00 499.86 4183 Via Napoli Residential 315.37 20.00 50.00 385.37
10389 Via Palma Residential 327.93 20.00 50.00 397.93
11043 Wesley Avenue Residential 359.08 20.00 50.00 429.08 11053 Wesley Avenue Residential 354.69 20.00 50.00 424.69 11064 Wesley Avenue Residential 342.92 20.00 50.00 412.92 11178 Whitewater Avenue Residential 370.56 20.00 50.00 440.56 11263 Whitewater Avenue Residential 207.26 20.00 50.00 277.26 4515 Yosemite Drive Residential 354.68 20.00 50.00 424.68 10476 Yosemite Drive Residential 229.56 20.00 50.00 299.56 TOTAL: 64,032.37 3,240.00 8,100.00 75,372.37
MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 82 of 124
CITY COUNCIL
AGENDA REPORT
DATE: OCTOBER 20, 2025
SECTION: CONSENT - RESOLUTIONS
ITEM NO.: 2
FILE I.D.: PER710
DEPT.: ADMIN. SVCS.
PREPARER: A. MYRICK
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 25–3500 AUTHORIZING THE SALARIES
AND CLASSIFICATION TITLES FOR CITY EMPLOYEES ON A CONSOLIDATED SALARY
SCHEDULE
REASON FOR CONSIDERATION: California law and the California Public Employees’ Retirement System (CalPERS) require that public entities maintain a single, duly approved and adopted pay schedule that identifies the positions for every employee classification.
The City Council is requested to consider adoption of Resolution No. 25–3500 authorizing the salaries and classification titles for City employees on a consolidated salary schedule, which incorporates changes that have been implemented since the City Council approved the last amendment to the salary schedule on August 18, 2025, via Resolution No. 25–3495.
A copy of proposed Resolution No. 25–3500 is attached City Council review and consideration.
BACKGROUND: The amended Consolidated Salary Schedule is included as Exhibit “A” to Resolution No. 25–3500. The schedule reflects salary adjustments and other changes made since the previous salary schedule’s approval, as described below. Addition of three new positions: Economic Development Coordinator, Facilities Maintenance Supervisor, and Recreation Specialist (part–time). Salary adjustment for the Background Investigator (part–time) position to align with the hourly Police Officer rate; and
Negotiated salary increase for positions represented by the Montclair Police Officers’ Association.
City of Montclair employee salaries are also available for public access online at https://publicpay.ca.gov/ and at https://www.cityofmontclair.org/salary–schedule/.
FISCAL IMPACT: The City Council's adoption of proposed Resolution No. 25–3500 will not directly impact the General Fund. Adoption of this Resolution does not independently authorize salary adjustments; rather, it formalizes changes that have already been authorized through the City budget or other City Council/Personnel Committee actions.
RECOMMENDATION: Staff recommends the City Council adopt Resolution No. 25–3500 authorizing the salaries and classification titles for City employees on a consolidated salary schedule.
MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 83 of 124 Resolution No. 25–3500 Page 1 of 1
RESOLUTION NO. 25–3500
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MONTCLAIR AUTHORIZING THE SALARIES AND
CLASSIFICATION TITLES FOR CITY EMPLOYEES ON A
CONSOLIDATED SALARY SCHEDULE
WHEREAS, California Code of Regulations Section 570.5 require public entities to maintain a single, duly approved and adopted pay schedule that identifies the positions for every employee classification; and
WHEREAS, for the purpose of compliance with applicable laws and ongoing transparency, the City Council reviews and authorizes the wage provisions and classification titles for all employees of the City of Montclair.
WHEREAS, on August 18, 2025, the City Council adopted Resolution No. 24–3495, approving the most recent update to the consolidated salary schedule; and WHEREAS, revisions to the salary schedule dated August 18, 2025, are required as follows:
• Salary adjustment for the Background Investigator (part–time) position to align with the hourly rate of the Police Officer position, effective September 2, 2025. • Inclusion of three new positions: Economic Development Coordinator, Facilities Maintenance Supervisor, and Recreation Specialist (part–time). • Negotiated salary adjustments for positions represented by MPOA, effective September 8, 2025.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Montclair does hereby find and determine that the salaries and classification titles of the City employees be as listed in Exhibit "A" of this Resolution; and BE IT FURTHER RESOLVED that such salaries and classification titles shown in Exhibit "A" shall remain in effect, and that the City Clerk shall certify to the passage of this Resolution and the Mayor shall sign the same.
APPROVED AND ADOPTED this XX day of XX, 20XX.
Mayor
ATTEST:
City Clerk
I, Andrea M. Myrick, City Clerk of the City of Montclair, DO HEREBY CERTIFY that Resolution No. 25–3500 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, 20XX, 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 – 10/20/2025 Page 84 of 124
*Effective 9/8/2025
Classification
Full-Time Positions Step Annually Monthly Hourly
Accounting Specialist A 51,804.48 4,317.04 24.91
B 54,400.32 4,533.36 26.15
C 57,120.96 4,760.08 27.46
D 59,978.88 4,998.24 28.84
E 62,974.08 5,247.84 30.28
Administrative Analyst A 71,572.80 5,964.40 34.41
B 75,154.56 6,262.88 36.13
C 78,911.04 6,575.92 37.94
D 82,854.72 6,904.56 39.83
E 86,998.08 7,249.84 41.83
Administrative Coordinator A 68,839.68 5,736.64 33.10
B 72,284.16 6,023.68 34.75
C 75,903.36 6,325.28 36.49
D 79,697.28 6,641.44 38.32
E 83,678.40 6,973.20 40.23
Administrative Specialist A 52,328.64 4,360.72 25.16
B 54,949.44 4,579.12 26.42
C 57,695.04 4,807.92 27.74
D 60,577.92 5,048.16 29.12
E 63,610.56 5,300.88 30.58
Assistant City Manager/ A 190,911.60 15,909.30 91.78
Director of Human Services B 200,457.12 16,704.76 96.37 C 210,480.00 17,540.00 101.19
D 221,004.00 18,417.00 106.25
E 232,054.20 19,337.85 111.56
Assistant Code Enforcement Manager A 95,958.72 7,996.56 46.13 B 100,751.04 8,395.92 48.44
C 105,792.96 8,816.08 50.86
D 111,084.48 9,257.04 53.41
E 116,638.08 9,719.84 56.08
CITY OF MONTCLAIR SALARY SCHEDULE
ALPHA RANGE LIST
Rev. 10/20/2025 Page 1 of 21 Exhibit "A" to Resolution No. 25-3500 MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 85 of 124
*Effective 9/8/2025
Classification
Full-Time Positions Step Annually Monthly Hourly
CITY OF MONTCLAIR SALARY SCHEDULE
ALPHA RANGE LIST
Assistant Director of Human A 127,171.20 10,597.60 61.14 Services/Grants Manager B 133,523.52 11,126.96 64.19
C 140,200.32 11,683.36 67.40
D 147,214.08 12,267.84 70.78
E 154,577.28 12,881.44 74.32
Assistant Fire Chief A 163,962.24 13,663.52 78.83
B 172,161.60 14,346.80 82.77
C 180,772.80 15,064.40 86.91
D 189,808.32 15,817.36 91.25
E 199,293.12 16,607.76 95.81
Assistant Planner A 74,655.01 6,221.25 35.89
B 78,387.76 6,532.31 37.69
C 82,307.15 6,858.93 39.57
D 86,442.50 7,203.54 41.56
E 90,743.63 7,561.97 43.63
Associate Engineer A 94,386.24 7,865.52 45.38
B 99,103.68 8,258.64 47.65
C 104,058.24 8,671.52 50.03
D 109,262.40 9,105.20 52.53
E 114,728.64 9,560.72 55.16
Benefits Specialist A 57,919.68 4,826.64 27.85
B 60,815.04 5,067.92 29.24
C 63,860.16 5,321.68 30.70
D 67,055.04 5,587.92 32.24
E 70,412.16 5,867.68 33.85
Building Inspector A 66,871.40 5,572.62 32.15
B 70,214.97 5,851.25 33.75
C 73,725.71 6,143.81 35.45
D 77,412.00 6,451.00 37.22
E 81,282.60 6,773.55 39.08
Rev. 10/20/2025 Page 2 of 21 Exhibit "A" to Resolution No. 25-3500 MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 86 of 124
*Effective 9/8/2025
Classification
Full-Time Positions Step Annually Monthly Hourly
CITY OF MONTCLAIR SALARY SCHEDULE
ALPHA RANGE LIST
Building Maintenance Technician A 53,727.24 4,477.27 25.83 B 56,413.61 4,701.13 27.12
C 59,234.29 4,936.19 28.48
D 62,196.00 5,183.00 29.90
E 65,305.80 5,442.15 31.40
Building Official A 116,113.92 9,676.16 55.82
B 121,917.12 10,159.76 58.61
C 128,007.36 10,667.28 61.54
D 134,409.60 11,200.80 64.62
E 141,136.32 11,761.36 67.85
City Manager A 258,059.88 21,504.99 124.07
B 268,962.36 22,413.53 129.31
C 280,325.40 23,360.45 134.77
D 292,168.56 24,347.38 140.47
E 304,512.00 25,376.00 146.40
Code Enforcement Manager A 116,113.92 9,676.16 55.82
B 121,917.12 10,159.76 58.61
C 128,007.36 10,667.28 61.54
D 134,409.60 11,200.80 64.62
E 141,136.32 11,761.36 67.85
Code Enforcement Officer A 63,958.55 5,329.88 30.75
B 67,156.47 5,596.37 32.29
C 70,514.29 5,876.19 33.90
D 74,040.00 6,170.00 35.60
E 77,742.00 6,478.50 37.38
Code Enforcement Supervisor A 78,424.32 6,535.36 37.70
B 82,343.04 6,861.92 39.59
C 86,461.44 7,205.12 41.57
D 90,779.52 7,564.96 43.64
E 95,322.24 7,943.52 45.83
Rev. 10/20/2025 Page 3 of 21 Exhibit "A" to Resolution No. 25-3500 MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 87 of 124
*Effective 9/8/2025
Classification
Full-Time Positions Step Annually Monthly Hourly
CITY OF MONTCLAIR SALARY SCHEDULE
ALPHA RANGE LIST
Community Services Supervisor A 70,408.80 5,867.40 33.85 B 73,929.24 6,160.77 35.54
C 77,625.71 6,468.81 37.32
D 81,506.99 6,792.25 39.19
E 85,582.34 7,131.86 41.15
Crime Analyst A 70,403.05 5,866.92 33.85
B 73,923.16 6,160.26 35.54
C 77,619.36 6,468.28 37.32
D 81,500.39 6,791.70 39.18
E 85,575.36 7,131.28 41.14
Custodian A 43,827.66 3,652.31 21.07
B 46,019.05 3,834.92 22.12
C 48,320.00 4,026.67 23.23
D 50,736.00 4,228.00 24.39
E 53,272.80 4,439.40 25.61
Customer Services Representative/ A 44,603.52 3,716.96 21.44 Office Specialist B 46,837.44 3,903.12 22.52
C 49,171.20 4,097.60 23.64
D 51,629.76 4,302.48 24.82
E 54,213.12 4,517.76 26.06
Deputy City Clerk A 80,188.16 6,682.35 38.55
B 84,197.36 7,016.45 40.48
C 88,407.28 7,367.27 42.50
D 92,827.28 7,735.61 44.63
E 97,468.80 8,122.40 46.86
Director of Community Development A 173,559.36 14,463.28 83.44 B 182,232.96 15,186.08 87.61
C 191,343.36 15,945.28 91.99
D 200,915.52 16,742.96 96.59
E 210,961.92 17,580.16 101.42
Rev. 10/20/2025 Page 4 of 21 Exhibit "A" to Resolution No. 25-3500 MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 88 of 124
*Effective 9/8/2025
Classification
Full-Time Positions Step Annually Monthly Hourly
CITY OF MONTCLAIR SALARY SCHEDULE
ALPHA RANGE LIST
Director of Finance A 173,559.36 14,463.28 83.44
B 182,232.96 15,186.08 87.61
C 191,343.36 15,945.28 91.99
D 200,915.52 16,742.96 96.59
E 210,961.92 17,580.16 101.42
Director of Information Technology A 173,559.36 14,463.28 83.44 B 182,232.96 15,186.08 87.61
C 191,343.36 15,945.28 91.99
D 200,915.52 16,742.96 96.59
E 210,961.92 17,580.16 101.42
Director of Montclair Economic A 173,559.36 14,463.28 83.44 Development Agency B 182,232.96 15,186.08 87.61
C 191,343.36 15,945.28 91.99
D 200,915.52 16,742.96 96.59
E 210,961.92 17,580.16 101.42
Director of Public Works/City Engineer A 173,559.36 14,463.28 83.44 B 182,232.96 15,186.08 87.61
C 191,343.36 15,945.28 91.99
D 200,915.52 16,742.96 96.59
E 210,961.92 17,580.16 101.42
Economic Development Coordinator A 80,188.20 6,682.35 38.55 eff. 9/2/2025 B 84,197.40 7,016.45 40.48
C 88,407.24 7,367.27 42.50
D 92,827.32 7,735.61 44.63
E 97,468.80 8,122.40 46.86
Emergency Services Coordinator A 81,546.24 6,795.52 39.20 B 85,623.60 7,135.30 41.17
C 89,904.84 7,492.07 43.22
D 94,400.04 7,866.67 45.38
E 99,120.00 8,260.00 47.65
Rev. 10/20/2025 Page 5 of 21 Exhibit "A" to Resolution No. 25-3500 MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 89 of 124
*Effective 9/8/2025
Classification
Full-Time Positions Step Annually Monthly Hourly
CITY OF MONTCLAIR SALARY SCHEDULE
ALPHA RANGE LIST
Environmental Programs Supervisor A 82,405.20 6,867.10 39.62 B 86,525.40 7,210.45 41.60
C 90,851.64 7,570.97 43.68
D 95,394.24 7,949.52 45.86
E 100,164.00 8,347.00 48.16
Employment & Personnel Coordinator A 65,557.44 5,463.12 31.52 B 68,839.68 5,736.64 33.10
C 72,284.16 6,023.68 34.75
D 75,903.36 6,325.28 36.49
E 79,697.28 6,641.44 38.32
Equipment Maintenance Manager A 89,743.68 7,478.64 43.15 B 94,236.48 7,853.04 45.31
C 98,953.92 8,246.16 47.57
D 103,896.00 8,658.00 49.95
E 109,087.68 9,090.64 52.45
Equipment Mechanic A 53,405.90 4,450.49 25.68
B 56,076.19 4,673.02 26.96
C 58,880.00 4,906.67 28.31
D 61,824.00 5,152.00 29.72
E 64,915.20 5,409.60 31.21
Executive City Clerk A 127,171.20 10,597.60 61.14
B 133,523.52 11,126.96 64.19
C 140,200.32 11,683.36 67.40
D 147,214.08 12,267.84 70.78
E 154,577.28 12,881.44 74.32
Executive Director of Engineering/ A 213,899.16 17,824.93 102.84 Major Projects Manager B 224,594.16 18,716.18 107.98
C 235,823.88 19,651.99 113.38
D 247,615.08 20,634.59 119.05
E 259,995.84 21,666.32 125.00
Rev. 10/20/2025 Page 6 of 21 Exhibit "A" to Resolution No. 25-3500 MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 90 of 124
*Effective 9/8/2025
Classification
Full-Time Positions Step Annually Monthly Hourly
CITY OF MONTCLAIR SALARY SCHEDULE
ALPHA RANGE LIST
Facilities Maintenance Supervisor A 82,492.80 6,874.40 39.66 eff. 9/6/2025 B 86,623.68 7,218.64 41.65
C 90,954.24 7,579.52 43.73
D 95,496.96 7,958.08 45.91
E 100,276.80 8,356.40 48.21
Facilities Specialist A 65,570.41 5,464.20 31.52
B 68,848.93 5,737.41 33.10
C 72,291.37 6,024.28 34.76
D 75,905.94 6,325.50 36.49
E 79,701.24 6,641.77 38.32
Field Groundskeeper A 54,401.04 4,533.42 26.15
B 57,121.09 4,760.09 27.46
C 59,977.14 4,998.10 28.84
D 62,976.00 5,248.00 30.28
E 66,124.80 5,510.40 31.79
Finance Supervisor A 96,707.52 8,058.96 46.49
B 101,537.28 8,461.44 48.82
C 106,616.64 8,884.72 51.26
D 111,945.60 9,328.80 53.82
E 117,536.64 9,794.72 56.51
Fire Battalion Chief A 143,694.72 11,974.56 49.08
B 150,883.20 12,573.60 51.53
C 158,433.60 13,202.80 54.11
D 166,358.40 13,863.20 56.82
E 174,682.56 14,556.88 59.66
Fire Captain A 108,573.21 9,047.77 37.08
B 114,006.91 9,500.58 38.94
C 119,705.36 9,975.45 40.88
D 125,693.78 10,474.48 42.93
E 131,984.78 10,998.73 45.08
Rev. 10/20/2025 Page 7 of 21 Exhibit "A" to Resolution No. 25-3500 MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 91 of 124
*Effective 9/8/2025
Classification
Full-Time Positions Step Annually Monthly Hourly
CITY OF MONTCLAIR SALARY SCHEDULE
ALPHA RANGE LIST
Fire Chief A 195,299.52 16,274.96 93.89
B 205,058.88 17,088.24 98.59
C 215,317.44 17,943.12 103.52
D 226,087.68 18,840.64 108.70
E 237,394.56 19,782.88 114.13
Fire Engineer A 89,095.08 7,424.59 30.43
B 93,545.42 7,795.45 31.95
C 98,222.70 8,185.23 33.55
D 103,139.50 8,594.96 35.23
E 108,295.85 9,024.65 36.99
Firefighter (Paramedic) A 85,665.92 7,138.83 29.26
B 89,952.37 7,496.03 30.72
C 94,453.14 7,871.10 32.26
D 99,180.84 8,265.07 33.87
E 104,135.47 8,677.96 35.57
Graffiti Abatement Worker A 47,149.19 3,929.10 22.67
B 49,506.65 4,125.55 23.80
C 51,981.99 4,331.83 24.99
D 54,581.09 4,548.42 26.24
E 57,310.14 4,775.85 27.55
Health Education Specialist A 44,957.56 3,746.46 21.61
B 47,205.44 3,933.79 22.69
C 49,565.71 4,130.48 23.83
D 52,044.00 4,337.00 25.02
E 54,646.20 4,553.85 26.27
Housing Associate A 69,396.96 5,783.08 33.36
B 72,866.76 6,072.23 35.03
C 76,510.08 6,375.84 36.78
D 80,335.56 6,694.63 38.62
E 84,352.32 7,029.36 40.55
Rev. 10/20/2025 Page 8 of 21 Exhibit "A" to Resolution No. 25-3500 MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 92 of 124
*Effective 9/8/2025
Classification
Full-Time Positions Step Annually Monthly Hourly
CITY OF MONTCLAIR SALARY SCHEDULE
ALPHA RANGE LIST
Housing Specialist A 52,328.64 4,360.72 25.16
B 54,949.44 4,579.12 26.42
C 57,695.04 4,807.92 27.74
D 60,577.92 5,048.16 29.12
E 63,610.56 5,300.88 30.58
Human Resources Manager A 122,527.56 10,210.63 58.91
B 128,414.40 10,701.20 61.74
C 135,675.00 11,306.25 65.23
D 142,870.20 11,905.85 68.69
E 150,562.44 12,546.87 72.39
Information Technology Analyst A 95,035.20 7,919.60 45.69 B 99,790.08 8,315.84 47.98
C 104,782.08 8,731.84 50.38
D 110,023.68 9,168.64 52.90
E 115,527.36 9,627.28 55.54
Information Technology Specialist A 71,647.68 5,970.64 34.45 B 75,229.44 6,269.12 36.17
C 78,985.92 6,582.16 37.97
D 82,929.60 6,910.80 39.87
E 87,072.96 7,256.08 41.86
Information Technology Supervisor A 101,724.48 8,477.04 48.91 B 106,816.32 8,901.36 51.35
C 112,157.76 9,346.48 53.92
D 117,761.28 9,813.44 56.62
E 123,651.84 10,304.32 59.45
Irrigation Specialist A 54,401.04 4,533.42 26.15
B 57,121.09 4,760.09 27.46
C 59,977.14 4,998.10 28.84
D 62,976.00 5,248.00 30.28
E 66,124.80 5,510.40 31.79
Rev. 10/20/2025 Page 9 of 21 Exhibit "A" to Resolution No. 25-3500 MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 93 of 124
*Effective 9/8/2025
Classification
Full-Time Positions Step Annually Monthly Hourly
CITY OF MONTCLAIR SALARY SCHEDULE
ALPHA RANGE LIST
Junior Accountant A 57,919.68 4,826.64 27.85
B 60,815.04 5,067.92 29.24
C 63,860.16 5,321.68 30.70
D 67,055.04 5,587.92 32.24
E 70,412.16 5,867.68 33.85
Leadworker, Maintenance A 54,401.04 4,533.42 26.15
B 57,121.09 4,760.09 27.46
C 59,977.14 4,998.10 28.84
D 62,976.00 5,248.00 30.28
E 66,124.80 5,510.40 31.79
Maintenance Worker A 47,149.19 3,929.10 22.67
B 49,506.65 4,125.55 23.80
C 51,981.99 4,331.83 24.99
D 54,581.09 4,548.42 26.24
E 57,310.14 4,775.85 27.55
Marketing and Promotions Coordinator A 68,839.68 5,736.64 33.10 B 72,284.16 6,023.68 34.75
C 75,903.36 6,325.28 36.49
D 79,697.28 6,641.44 38.32
E 83,678.40 6,973.20 40.23
Montclair After-School Program A 57,376.09 4,781.34 27.58 Coordinator B 60,244.90 5,020.41 28.96
C 63,257.14 5,271.43 30.41
D 66,420.00 5,535.00 31.93
E 69,741.00 5,811.75 33.53
Montclair After-School Program Supervisor* A 70,408.80 5,867.40 33.85 B 73,929.24 6,160.77 35.54
C 77,625.71 6,468.81 37.32
D 81,506.99 6,792.25 39.19
E 85,582.34 7,131.86 41.15
Rev. 10/20/2025 Page 10 of 21 Exhibit "A" to Resolution No. 25-3500 MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 94 of 124
*Effective 9/8/2025
Classification
Full-Time Positions Step Annually Monthly Hourly
CITY OF MONTCLAIR SALARY SCHEDULE
ALPHA RANGE LIST
Motor Sweeper Operator A 51,181.19 4,265.10 24.61
B 53,740.25 4,478.35 25.84
C 56,427.27 4,702.27 27.13
D 59,248.63 4,937.39 28.48
E 62,211.06 5,184.26 29.91
NPDES/Environmental Compliance A 60,672.50 5,056.04 29.17 Inspector B 63,706.12 5,308.84 30.63
C 66,891.43 5,574.29 32.16
D 70,236.00 5,853.00 33.77
E 73,747.80 6,145.65 35.46
Office Specialist A 44,594.75 3,716.23 21.44
B 46,824.49 3,902.04 22.51
C 49,165.71 4,097.14 23.64
D 51,624.00 4,302.00 24.82
E 54,205.20 4,517.10 26.06
Payroll Analyst A 70,399.68 5,866.64 33.85
B 73,919.04 6,159.92 35.54
C 77,613.12 6,467.76 37.31
D 81,494.40 6,791.20 39.18
E 85,575.36 7,131.28 41.14
Plans Examiner A 81,580.82 6,798.40 39.22
B 85,659.86 7,138.32 41.18
C 89,942.86 7,495.24 43.24
D 94,440.00 7,870.00 45.40
E 99,162.00 8,263.50 47.67
Police Captain A 167,356.80 13,946.40 80.46
B 175,718.40 14,643.20 84.48
C 184,504.32 15,375.36 88.70
D 193,727.04 16,143.92 93.14
E 203,411.52 16,950.96 97.79
Rev. 10/20/2025 Page 11 of 21 Exhibit "A" to Resolution No. 25-3500 MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 95 of 124
*Effective 9/8/2025
Classification
Full-Time Positions Step Annually Monthly Hourly
CITY OF MONTCLAIR SALARY SCHEDULE
ALPHA RANGE LIST
Police Chief A 204,247.68 17,020.64 98.20
B 215,941.44 17,995.12 103.82
C 227,972.16 18,997.68 109.60
D 240,327.36 20,027.28 115.54
E 253,044.48 21,087.04 121.66
Police Dispatcher A 60,039.00 5,003.25 28.86
Police Dispatch Supervisor A 86,049.60 7,170.80 41.37
B 90,355.20 7,529.60 43.44
C 94,872.96 7,906.08 45.61
D 99,615.36 8,301.28 47.89
E 104,594.88 8,716.24 50.29
Police Lieutenant A 146,315.52 12,192.96 70.34
B 153,641.28 12,803.44 73.87
C 161,316.48 13,443.04 77.56
D 169,378.56 14,114.88 81.43
E 177,852.48 14,821.04 85.51
Police Officer* A 91,934.67 7,661.22 44.20
B 96,536.54 8,044.71 46.41
C 101,369.80 8,447.48 48.74
D 106,434.43 8,869.54 51.17
E 111,756.15 9,313.01 53.73
Police Officer Trainee A 78,913.80 6,576.15 37.94
Police Sergeant* A 122,245.34 10,187.11 58.77
B 128,351.18 10,695.93 61.71
C 134,765.53 11,230.46 64.79
D 141,501.24 11,791.77 68.03
E 148,571.16 12,380.93 71.43
Rev. 10/20/2025 Page 12 of 21 Exhibit "A" to Resolution No. 25-3500 MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 96 of 124
*Effective 9/8/2025
Classification
Full-Time Positions Step Annually Monthly Hourly
CITY OF MONTCLAIR SALARY SCHEDULE
ALPHA RANGE LIST
Police Services Specialist A 46,216.80 3,851.40 22.22
B 48,527.64 4,043.97 23.33
C 50,954.02 4,246.17 24.50
D 53,501.72 4,458.48 25.72
E 56,176.81 4,681.40 27.01
Police Services Supervisor A 74,480.64 6,206.72 35.81
B 78,199.68 6,516.64 37.60
C 82,105.92 6,842.16 39.47
D 86,211.84 7,184.32 41.45
E 90,517.44 7,543.12 43.52
Property Custody Clerk A 52,332.00 4,361.00 25.16
B 54,948.60 4,579.05 26.42
C 57,696.00 4,808.00 27.74
D 60,580.80 5,048.40 29.13
E 63,609.84 5,300.82 30.58
Public Works Facilities/Maintenance A 96,058.56 8,004.88 46.18 Assistant Manager B 100,838.40 8,403.20 48.48
C 105,880.32 8,823.36 50.90
D 111,184.32 9,265.36 53.45
E 116,737.92 9,728.16 56.12
Public Works Inspector A 65,570.40 5,464.20 31.52
B 68,848.92 5,737.41 33.10
C 72,291.37 6,024.28 34.76
D 75,905.93 6,325.49 36.49
E 79,701.23 6,641.77 38.32
Public Works Operations Assistant A 96,058.56 8,004.88 46.18 Manager B 100,838.40 8,403.20 48.48
C 105,880.32 8,823.36 50.90
D 111,184.32 9,265.36 53.45
E 116,737.92 9,728.16 56.12
Rev. 10/20/2025 Page 13 of 21 Exhibit "A" to Resolution No. 25-3500 MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 97 of 124
*Effective 9/8/2025
Classification
Full-Time Positions Step Annually Monthly Hourly
CITY OF MONTCLAIR SALARY SCHEDULE
ALPHA RANGE LIST
Recreation Coordinator A 49,001.39 4,083.45 23.56
B 51,451.46 4,287.62 24.74
C 54,024.04 4,502.00 25.97
D 56,725.24 4,727.10 27.27
E 59,561.50 4,963.46 28.64
Receptionist/Office Specialist A 43,558.15 3,629.85 20.94 B 45,736.05 3,811.34 21.99
C 48,022.86 4,001.91 23.09
D 50,424.00 4,202.00 24.24
E 52,945.20 4,412.10 25.45
Recreation Manager A 82,492.80 6,874.40 39.66
B 86,623.68 7,218.64 41.65
C 90,954.24 7,579.52 43.73
D 95,496.96 7,958.08 45.91
E 100,276.80 8,356.40 48.21
Senior Accountant A 73,919.04 6,159.92 35.54
B 77,613.12 6,467.76 37.31
C 81,494.40 6,791.20 39.18
D 85,575.36 7,131.28 41.14
E 89,856.00 7,488.00 43.20
Senior Citizen Supervisor A 70,395.85 5,866.32 33.84
B 73,915.65 6,159.64 35.54
C 77,611.43 6,467.62 37.31
D 81,492.00 6,791.00 39.18
E 85,566.60 7,130.55 41.14
Senior Code Enforcement Officer A 70,395.85 5,866.32 33.84 B 73,915.65 6,159.64 35.54
C 77,611.43 6,467.62 37.31
D 81,492.00 6,791.00 39.18
E 85,566.60 7,130.55 41.14
Rev. 10/20/2025 Page 14 of 21 Exhibit "A" to Resolution No. 25-3500 MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 98 of 124
*Effective 9/8/2025
Classification
Full-Time Positions Step Annually Monthly Hourly
CITY OF MONTCLAIR SALARY SCHEDULE
ALPHA RANGE LIST
Senior Management Analyst A 95,958.72 7,996.56 46.13
B 100,751.04 8,395.92 48.44
C 105,792.96 8,816.08 50.86
D 111,084.48 9,257.04 53.41
E 116,638.08 9,719.84 56.08
Senior Planner A 92,446.21 7,703.85 44.45
B 97,068.52 8,089.04 46.67
C 101,921.94 8,493.50 49.00
D 107,018.04 8,918.17 51.45
E 112,368.94 9,364.08 54.02
Senior Police Dispatcher A 64,777.45 5,398.12 31.14
B 68,016.33 5,668.03 32.70
C 71,417.14 5,951.43 34.34
D 74,988.00 6,249.00 36.05
E 78,737.40 6,561.45 37.85
Senior Public Works Inspector A 82,492.80 6,874.40 39.66 B 86,623.68 7,218.64 41.65
C 90,954.24 7,579.52 43.73
D 95,496.96 7,958.08 45.91
E 100,276.80 8,356.40 48.21
Rev. 10/20/2025 Page 15 of 21 Exhibit "A" to Resolution No. 25-3500 MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 99 of 124 Classification
Part-Time Hourly Positions Step Hourly
Accounting Specialist A 24.91
B 26.16
C 27.47
D 28.84
E 30.28
Administrative Technician A 25.16
B 26.42
C 27.74
D 29.12
E 30.59
Background Investigator A 42.91
eff. 9/8/2025 B 45.06
C 47.32
D 49.68
E 52.18
Building Official A 53.68
B 56.36
C 59.18
D 62.14
E 65.24
Customer Service Representative/ A 21.44
Office Specialist B 22.52
C 23.64
D 24.82
E 26.06
Data Entry Clerk A 17.52
B 18.39
C 19.31
D 20.28
E 21.29
CITY OF MONTCLAIR SALARY SCHEDULE
ALPHA RANGE LIST
Rev. 10/20/2025 Page 16 of 21 Exhibit "A" to Resolution No. 25-3500 MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 100 of 124 Classification
Part-Time Hourly Positions Step Hourly
CITY OF MONTCLAIR SALARY SCHEDULE
ALPHA RANGE LIST
Economic Development Consultant A 0.00
B 0.00
C 0.00
D 62.93
E 66.10
Health Education Intern A 17.41
B 18.28
C 19.20
D 20.16
E 21.16
Junior Intern A 16.50
B 17.33
C 18.19
D 19.10
E 20.06
Kitchen Assistant [Grant] A 18.79
B 19.73
C 20.71
D 21.75
E 22.84
Learning Leader [Grant] A 19.00
B 19.95
C 20.94
D 21.99
E 23.09
Nutrition Site Manager A 20.22
B 21.23
C 22.30
D 23.41
E 24.58
Rev. 10/20/2025 Page 17 of 21 Exhibit "A" to Resolution No. 25-3500 MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 101 of 124 Classification
Part-Time Hourly Positions Step Hourly
CITY OF MONTCLAIR SALARY SCHEDULE
ALPHA RANGE LIST
Park Leader A 16.50
B 17.33
C 18.19
D 19.10
E 20.06
Police Background Investigator A 29.36
B 30.83
C 32.37
D 33.99
E 35.69
Police Cadet A 17.10
B 17.95
C 18.85
D 19.79
E 20.78
Police Dispatcher (Relief) A 27.49
B 0.00
C 0.00
D 0.00
E 0.00
Police Officer A 42.91
B 45.06
C 47.32
D 49.68
E 52.18
Recreation Leader A 16.50
B 17.33
C 18.19
D 19.10
E 20.06
Rev. 10/20/2025 Page 18 of 21 Exhibit "A" to Resolution No. 25-3500 MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 102 of 124 Classification
Part-Time Hourly Positions Step Hourly
CITY OF MONTCLAIR SALARY SCHEDULE
ALPHA RANGE LIST
Recreation Specialist A 20.77
eff. 8/18/2025 B 21.81
C 22.90
D 24.05
E 25.25
Senior Intern A 17.31
B 18.17
C 19.08
D 20.03
E 21.04
Senior Leadworker A 30.02
B 31.52
C 33.10
D 34.75
E 36.49
Senior Learning Leader A 23.69
B 24.87
C 26.11
D 27.42
E 28.79
Senior Police Dispatcher (Relief) A 31.14
B 32.70
C 34.34
D 36.05
E 37.85
Senior Recreation Leader A 18.03
B 18.94
C 19.88
D 20.88
E 21.92
Rev. 10/20/2025 Page 19 of 21 Exhibit "A" to Resolution No. 25-3500 MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 103 of 124 Classification
Part-Time Hourly Positions Step Hourly
CITY OF MONTCLAIR SALARY SCHEDULE
ALPHA RANGE LIST
Substitute Learning Leader A 18.49
B 19.42
C 20.39
D 21.41
E 22.48
Transportation Coordinator* A 18.93
B 19.87
C 20.87
D 21.91
E 23.01
Rev. 10/20/2025 Page 20 of 21 Exhibit "A" to Resolution No. 25-3500 MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 104 of 124 Classification
Part-Time Salary Positions Step Monthly
City Attorney
A 8,000.00
Council Member A 742.00
B 1,150.00
C 1,438.00
Mayor A 1,042.00
B 1,650.00
C 2,188.00
Planning Commissioner A 250.00
Reserve Code Enforcement Officer A 300.00
Reserve Police Captain A 600.00
Reserve Police Lieutenant A 125.00
Reserve Police Officer A 300.00
Reserve Police Sergeant A 400.00
CITY OF MONTCLAIR SALARY SCHEDULE
ALPHA RANGE LIST
Rev. 10/20/2025 Page 21 of 21 Exhibit "A" to Resolution No. 25-3500 MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 105 of 124
CITY COUNCIL
AGENDA REPORT
DATE: OCTOBER 20, 2025
SECTION: CONSENT - RESOLUTIONS
ITEM NO.: 3
FILE I.D.: PDT362
DEPT.: POLICE
PREPARER: M. BUTLER
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 25–3501 APPROVING AGREEMENT NO. 25–68 WITH THE STATE OF CALIFORNIA FOR RECEIPT OF THE 2026 ABC–OTS
LOCAL LAW ENFORCEMENT GRANT TO ADDRESS UNDERAGE DRINKING AND ALCOHOL–RELATED HARM
CONSIDER AUTHORIZING CITY MANAGER EDWARD C. STARR TO SIGN AGREEMENT NO. 25–68
CONSIDER AUTHORIZING A $24,000 APPROPRIATION FROM THE PUBLIC SAFETY GRANT FUND TO COVER 2026 ABC–OTS GRANT PROGRAM ACTIVITIES REASON FOR CONSIDERATION: The City Council is request to consider adoption of Resolution No. 25–3501 approving Agreement No. 25–68 with the State of California for the 2026 Department of Alcoholic Beverage Control, Office of Traffic Safety (ABC–OTS) Local Law Enforcement grant to address underage drinking and alcohol–related harm in the community, authorizing a $24,000 appropriation from the public safety grant fund to cover ABC–OTS grant program activities, and authorizing City Manager Edward C. Starr to sign Agreement No. 25–68.
A copy of Resolution No. 25–3501 and Agreement No. 25–68 are attached for City Council review and consideration.
BACKGROUND: On September 10, 2025, Police Department staff applied for the Department of Alcoholic Beverage Control’s (ABC) ABC–OTS Local Law Enforcement Grant to address underage drinking and alcohol–related harm in our community. The grant is intended to fund Minor Decoy Program, Shoulder Tap Program, and holiday enforcement operations and Informed Merchants Preventing Alcohol–Related Crime Tendencies (IMPACT) inspections in an effort to reduce underage drinking, educate licensees about alcoholic beverage laws, and increase public safety. Funding may also be used to send one officer to a one–day mandatory training class in Sacramento.
The Montclair Police Department has been selected to participate in the 2026 ABC–OTS Grant Program with an award of $24,000. Funding for this program is provided by the Office of Traffic Safety (OTS) through the National Highway Traffic Safety Administration (NHTSA). The grant will be used solely on paid overtime, which would be reimbursable through the Grant Program. The grant performance period starts on October 1, 2025, and ends on August 31, 2026. During the period of performance, Minor Decoy and Shoulder Tap Program operations would be conducted in and around the businesses within the City that have an active ABC license to sell or serve alcoholic beverages. Under the Minor Decoy program, any licensed premises that sell alcoholic beverages to a minor decoy—a minor working under direct supervision of a law enforcement officer for ABC enforcement operations—would face fines and penalties as allowed under the law. For the Shoulder Tap program, a minor decoy would be utilized to ask an adult standing outside of a business with an ABC license to buy them alcohol. These two enforcement programs would assist with efforts to minimize the sale of alcoholic beverages to minors.
MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 106 of 124 IMPACT inspections and holiday enforcement operations would also be conducted during the term of the grant award to reduce alcohol–related harm in our community.
Officers would select and survey ABC–licensed stores, both on–sale and off–sale premises, for compliance with state and local laws, and educate the licensees about alcoholic beverage laws. Follow–up visits would be conducted to ensure violations have been addressed. Specialized Holiday Enforcement operations would be conducted on selected holidays focusing on on–sale and off–sale premises to promote safety in the community. Officers would target underage drinking and sales or furnishings to minors to help reduce youth–involved fatal and injury crashes in the City.
FISCAL IMPACT: Adoption of Resolution No. 25–3501 would authorize the City to enter into Agreement No. 25–68 with the State of California to receive $24,000 from the 2026 ABC–OTS Grant Program to fund the activities discussed above from October 1, 2025, through August 31, 2026. All expenses associated with participation in the ABC–OTS Local Law Enforcement Grant would result in an appropriation from the Public Safety Grant Fund (1163) in the amount of $24,000. The City would receive full reimbursement from the State of California through the ABC–OTS Grant Program.
RECOMMENDATION: Staff recommends the City Council take the following actions:
1. Adopt Resolution No. 25–3501 approving Agreement No. 25–68 with the State of California for receipt of the 2026 ABC–OTS Local Law Enforcement Grant to address underage drinking and alcohol–related harm;
2. Authorize City Manager Edward C. Starr to sign Agreement No. 25–68; and
3. Authorize a $24,000 appropriation from the Public Safety Grant Fund to cover 2026 ABC–OTS Grant Program activities.
MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 107 of 124 Resolution No. 25–3501 Page 1 of 1
RESOLUTION NO. 25–3501
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF MONTCLAIR RELATED TO THE
ABC–OTS GRANT PROGRAM
WHEREAS, the California Department of Alcoholic Beverage Control (ABC), in conjunction with the California Office of Traffic Safety (OTS), has awarded the City of Montclair a grant in the amount of $24,000 through its ABC–OTS Grant Program; and WHEREAS, the City of Montclair Police Department desires to undertake a certain project designated as Addressing Underage Drinking and Alcohol–Related Harm in our Community to be funded by OTS through the National Highway Traffic Safety Administration (NHTSA); and
WHEREAS, ABC–OTS Grant funds would be used to conduct Minor Decoy operations, Shoulder Tap operations, Informed Merchants Preventing Alcohol–Related Crime Tendencies (IMPACT) inspections, and Holiday Enforcement operations in an effort to reduce underage drinking, educate licensees about alcoholic beverage laws, and increase public safety; and
WHEREAS, the Department of Alcoholic Beverage Control’s ABC–OTS Grant Program requires an applicant’s governing body to adopt a resolution in order receive grant funds under this Program and requires the applicant to enter into a contract with the State;
WHEREAS, it is agreed that any liability arising out of the performance of this contract, including civil court actions for damages, shall be the responsibility of the grant recipient and the authorizing agency — the State of California and ABC disclaim responsibility for any such liability; and
WHEREAS, it is also agreed that this award is not subject to local hiring freezes.
NOW, THEREFORE, BE IT RESOLVED that the City Manager of the City of Montclair is authorized to execute on behalf of the City Council of the City of Montclair attached Agreement No. 25–68 (Exhibit A), including any extensions or amendments thereof and any subsequent grant agreement with the State in relation thereto.
BE IT FURTHER RESOLVED that grant funds received hereunder shall not be used to supplant expenditures controlled by this body.
APPROVED AND ADOPTED this X day of XX, 20XX.
Mayor
ATTEST:
City Clerk
I, Andrea M. Myrick, City Clerk of the City of Montclair, DO HEREBY CERTIFY that Resolution No. 25–3501 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, 20XX, 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 – 10/20/2025 Page 108 of 124 Resolution No. 25-3501, Exhibit A:
Agreement No. 25-68
MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 109 of 124 Agreement Number: 26-OTS111
City of Montclair through the Montclair Police Department
EXHIBIT A
SCOPE OF WORK
Purpose and Description of Services
Contractor agrees to implement the Department of Alcoholic Beverage Control programs as listed:
• Minor Decoy operations – designed to educate and deter licensed locations from selling/furnishing alcohol to minors and shall be conducted at both “On-Sale” and “Off-Sale” licensed establishments within the operations period of the grant. • Shoulder Tap operations – used to detect and deter adult furnishers outside of a licensed business and shall be performed at “Off-Sale” licensed locations to apprehend adults that are unaffiliated with the licensed businesses who are purchasing alcohol for minors outside of the stores within the operation period of the grant.
• Informed Merchants Preventing Alcohol-Related Crime Tendencies (IMPACT) Inspections – primary goal is to educate licensees on alcohol related laws to help reduce alcohol-related crime in and around licensed premises. Contractor agrees to conduct visits and inspections of licensed premises identifying areas of non-compliance at “On-Sale” and “Off-Sale” licensed locations within the operation period of the grant.
• Holiday Enforcement – This program consists of working general undercover and high-profile enforcement targeting underage drinking, sales/furnishing to minors, sales to obviously intoxicated patrons, and other related violations.
Holidays shall be defined as:
o Halloween – Friday, October 31 to Sunday, November 2, 2025 o Thanksgiving – Wednesday, November 26 to November 30, 2025 o New Year’s Eve – Wednesday, December 31, 2025
o St. Patrick’s Day – Friday, March 13 to Tuesday, March 17, 2026 o Cinco de Mayo – Friday, May 1 to Tuesday, May 5, 2026 o Memorial Day Weekend – Friday, May 22 to Monday, May 25, 2026 o 4th of July – Friday, July 3 to Sunday, July 5, 2026
The project is targeted to reduce underage drinking and the resultant DUI driving injuries and fatalities, and/or property damages, reduce youth access to alcoholic beverages through the education of licensee, enforcement intervention and the impressions of omnipresence of law enforcement.
In addition, contractor agrees to the following goals:
• Raise public awareness that selling, serving and/or furnishing alcoholic beverages to individuals under twenty-one years old is a criminal violation that will be prosecuted by local city and district attorneys.
• Establish and implement a coordinated effort between contactor and ABC, and acknowledges no operations will be conducted until after the contractor’s representative has completed training conducted by ABC.
Agreement No. 25-68 MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 110 of 124 Agreement Number: 26-OTS111
City of Montclair through the Montclair Police Department
• Issue press releases as follows:
o To announce the start of the program
o At the conclusion of each Minor Decoy Operation held (to announce the number of licensed premises who sold to the minor decoy).
o At the conclusion of each Shoulder Tap Operation held (to announce the number of adults arrested for purchasing alcoholic beverages for the decoy). o At the conclusion of each IMPACT operation held.
• Email each press release to the Department’s Public Information Office, [email protected] as soon as it is released.
• In all press releases, in addition to any credits the agency wishes to give, will include the following statement: “This project is part of the Department of Alcoholic Beverage Control’s Minor Decoy/Shoulder Tap Grant Project, funded by the California Office of Traffic Safety through the National Highway Traffic Safety Administration.”
• Complete and submit bi-monthly reports, in a format designed by ABC due no later than the following:
o On or before January 15, 2026 (with results of operations October, November & December 2025)
o On or before March 15, 2026 (with results of operations January & February 2026) o On or before May 15, 2026 (with results of operations March & April 2026) o On or before July 15, 2026 (with results of operations May & June 2026) o On or before September 15, 2026 (With results of operations July & August 2026) • Submit an Executive Summary as part of the final report due on or before September 15, 2026.
The summary shall contain the following:
o An evaluation statement concerning the end product and cost benefits; and a listing of recommended and/or adopted policy or procedure changes, if any, occurring as a result of the project.
o Project personnel identifying the key personnel who worked on the project, together with their job classification, and a brief description of their contribution. o Problems – describe any operational or cost problems that were encountered in project implementation. If known, state alternative methods that would have avoided the problem and increased the effectiveness of the project.
o Results – describe the results of the project in terms of meeting the original objectives as stated in the project agreement. Also, describe the results in terms of how they will be specifically applied for future improvement of the agency’s continuing activities relating to alcohol problem prevention and enforcement. Where possible, describe estimated savings resulting from implementing project results.
o Disclaimer – The final report shall include the following: “The opinions, findings, and conclusions expressed in this publication are those of the authors and not necessarily those of the State of California, Business, Consumer Services and Housing Agency, or the Department of Alcoholic Beverage Control.”
o Documentation – Attach any relevant documents developed. Examples are new or revised forms, diagrams, management reports, photos, coding manuals, instructional manuals, etc.
Agreement No. 25-68 MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 111 of 124 Agreement Number: 26-OTS111
City of Montclair through the Montclair Police Department
Contract Term
The operation period of the grant is October 1, 2025 through August 31, 2026 Project Representatives
The project representatives during the term of this agreement will be:
Montclair Police Department Alcoholic Beverage Control
Miguel Huerta Diana Fouts-Guter, Grant Coordinator
PO Box 2308 3927 Lennane Drive, Suite 100
Montclair, CA 91763 Sacramento, CA 95834
(909) 448-3630 (916) 928-9807
[email protected] [email protected] Montclair Police Department Alcoholic Beverage Control
Brandon Kumanski Kristine Okino, Grant Fiscal Analyst
PO Box 2308 3927 Lennane Drive, Suite 100
Montclair, CA 91763 Sacramento, CA 95834
(909) 448-3605 [email protected]
[email protected]
Agreement No. 25-68 MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 112 of 124 Agreement Number: 26-OTS111
City of Montclair through the Montclair Police Department
EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
INVOICING AND PAYMENT
• For services satisfactorily rendered, and upon receipt and approval of services, Alcoholic Beverage Control agrees to compensate for approved reimbursable costs of personnel overtime and benefits (actual cost) and travel.
• Invoices shall clearly reference the agreement number 26-OTS111 and must not exceed the total authorized contract amount of $24,000. Invoices shall be submitted on a bi-monthly basis, on the prescribed form designed by ABC.
Submit to: Department of Alcoholic Beverage Control
Attn: Kristine Okino, Grants Fiscal Analyst
3927 Lennane Drive, Suite 100
Sacramento, CA 95834
• This grant is only for overtime compensation on approved operations and travel for training held on October 16, 2025 only.
• In accordance with State of CA travel policy, agencies are eligible to receive reimbursement for travel expenses incurred for training on October 16, 2025. https://www.calhr.ca.gov/about-calhr/divisionsprograms/benefits/travel-reimbursements/ • Payment shall be made in arrears within 45 days from the receipt of an undisputed invoice. • Contractor understands in order to eligible for reimbursement; cost must be incurred on or after the effective date of the project, October 1, 2025 and on or before the project termination date, August 31, 2026.
• Contractor understands any other costs incurred by contractor, other than attendance at initial training and/or personnel overtime and benefits as authorized above, in the performance of this agreement are the sole responsibility of contractor.
BUDGET CONTINGENCY CLAUSE
• It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this agreement does not appropriate sufficient funds for the program, this agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to contractor or to furnish any other considerations under this agreement and contractor shall not be obligated to perform any provisions of this agreement. • If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this agreement with no liability occurring to the State, or offer an agreement amendment to contractor to reflect the reduced amount.
PROMPT PAYMENT CLAUSE
Payment will be made in accordance with, and within the time specified in, Government Code Chapter
4.5, commencing with Section 927.
Agreement No. 25-68 MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 113 of 124 Agreement Number: 26-OTS111
City of Montclair through the Montclair Police Department
EXHIBIT C
GENERAL TERMS AND CONDITIONS
1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained.
2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.
3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.
4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement.
Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).
5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement.
6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.
7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand.
8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State.
9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section Agreement No. 25-68 MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 114 of 124 Agreement Number: 26-OTS111
City of Montclair through the Montclair Police Department
12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).
10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135- 11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.
11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.
12. TIMELINESS: Time is of the essence in this Agreement.
13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.
14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.
15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below. a. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code.
Agreement No. 25-68 MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 115 of 124 Agreement Number: 26-OTS111
City of Montclair through the Montclair Police Department
2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550.
b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec.15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code),arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter ,the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to over charges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.
d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a)the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554.
16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:
a. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
b. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.
17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.
18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.
19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:
a. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within Agreement No. 25-68 MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 116 of 124 Agreement Number: 26-OTS111
City of Montclair through the Montclair Police Department
such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt.
Code § 14841.)
b. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)
20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)
21. GENERATIVE AI DISCLOSURE OBLIGATIONS:
a. The following terms are in addition to the defined terms and shall apply to the Contract:
1) “Generative AI (GenAI)” means an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio that emulates the structure and characteristics of the system's training data. (Gov. Code § 11549.64.)
b. Contractor shall immediately notify the State in writing if it: (1) intends to provide GenAI as a deliverable to the State; or (2), intends to utilize GenAI, including GenAI from third parties, to complete all or a portion of any deliverable that materially impacts: (i) functionality of a State system, (ii) risk to the State, or (iii) Contract performance. For avoidance of doubt, the term “materially impacts” shall have the meaning set forth in State Administrative Manual (SAM) § 4986.2 Definitions for GenAI.
c. Notification shall be provided to the State designee identified in this Contract. d. At the direction of the State, Contractor shall discontinue the provision to the State of any previously unreported GenAI that results in a material impact to the functionality of the System, risk to the State, or Contract performance, as determined by the State. e. If the use of previously undisclosed GenAI is approved by the State, then Contractor will update the Deliverable description, and the Parties will amend the Contract accordingly, which may include incorporating the GenAI Special Provisions into the Contract, at no additional cost to the State.
f. The State, at its sole discretion, may consider Contractor’s failure to disclose or discontinue the provision or use of GenAI as described above, to constitute a material breach of Contract when such failure results in a material impact to the functionality of the System, risk to the State, or Contract performance. The State is entitled to seek any and all remedies available to it under law as a result of such breach, including but not limited to termination of the contract.
Agreement No. 25-68 MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 117 of 124 Agreement Number: 26-OTS111
City of Montclair through the Montclair Police Department
EXHIBIT D
SPECIAL TERMS AND CONDITIONS
Disputes: Any disputes concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the Director, Department of Alcoholic Beverage Control, or designee, who shall reduce his decision in writing and mail or otherwise furnish a copy thereof to the contractor.
The decision of the Department shall be final and conclusive unless, within 30 days from the date of receipt of such copy, the contractor mails or otherwise furnishes to the State a written appeal addressed to the Director of the Department of Alcoholic Beverage Control. The decision of the Director of Alcoholic Beverage Control or his duly authorized representative for the determination of such appeals shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, capricious, arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal proceeding under this clause, the contractor shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, contractor shall proceed diligently with the performance of the contract and in accordance with the decision of the State.
Cancellation/Termination: This agreement may be cancelled or terminated without cause by either party by giving thirty (30) calendar days advance written notice to the other party. Such notification shall state the effective date of termination or cancellation and include any final performance and/or payment/invoicing instructions/requirements. No penalty shall accrue to either party because of contract termination.
Contractor Certifications: By signing this agreement, contractor certifies compliance with the provisions of CCC 04/2017, Standard Contractor Certification Clauses. This document may be viewed at: https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-ListFolder/Standard-Contract-Language If the State determines that the grant project is not achieving its goals and objectives on schedule, funding may be reduced by the State to reflect this lower level of project activity.
Agreement No. 25-68 MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 118 of 124 Personnel Committee Minutes – September 15, 2025 Page 1 of 1
MINUTES OF THE MEETING OF THE MONTCLAIR
PERSONNEL COMMITTEE HELD ON MONDAY,
SEPTEMBER 15, 2025, AT 6:00 P.M. IN THE CITY
ADMINISTRATIVE OFFICES, 5111 BENITO STREET,
MONTCLAIR, CALIFORNIA
I. CALL TO ORDER
Mayor Pro Tem Martinez called the meeting to order at 6:00 p.m.
II. ROLL CALL
Present: Mayor Dutrey, Mayor Pro Tem Martinez, 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 September 2, 2025.
Moved by Mayor Dutrey, seconded by Mayor Pro Tem Martinez, and carried unanimously to approve the minutes of the Personnel Committee meeting on September 2, 2025.
IV. PUBLIC COMMENT – None
V. CLOSED SESSION
At 6:01 p.m., the Personnel Committee went into Closed Session regarding personnel matters related to appointments, resignations/ terminations, and evaluations of employee performance.
At 6:21 p.m., the Personnel Committee returned from Closed Session.
Mayor Pro Tem Martinez stated that no announcements would be made at this time.
VI. ADJOURNMENT
At 6:21 p.m., Mayor Pro Tem Martinez adjourned the Personnel Committee.
Submitted for Personnel Committee approval,
Edward C. Starr
City Manager
MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 119 of 124
PENDING
APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – September 2, 2025 Page 1 of 5
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 TUESDAY, SEPTEMBER 2, 2025, AT 7:02 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 7:02 p.m.
II. INVOCATION
Council Member/Director Ruh 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 Martinez; Council Members/Directors Ruh, Lopez, and Mendez
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 Dierck; City Attorney Robbins; City Clerk Myrick
V. PRESENTATIONS
A. Proclamation Declaring September 2025 as National Preparedness Month in the City of Montclair
Mayor Dutrey presented the proclamation to Fire Chief Dierck.
VI. PUBLIC COMMENT
• Tenice Johnson, Board Member, Montclair Chamber of Commerce, promoted upcoming Chamber events including a September
networking breakfast featuring a presentation by Montclair Code Enforcement; A Taste of Montclair on the evening of September 25 in the Montclair Community Center, and a quarterly e–waste recycling event on the last weekend of September from 9:00 a.m. to 2:00 p.m.
VII. PUBLIC HEARINGS — None
VIII. CONSENT CALENDAR
ACTION – Consent Calendar
ACTING: City Council
Successor Agency Board
Montclair Housing Corporation Board
Montclair Housing Authority Commissioners
Montclair Community Foundation Board
DISCUSSION: C–1
MOTION: Approve the Consent Calendar as presented.
MADE BY:
SECOND BY:
Council Member/Director Ruh
Council Member/Director Lopez
AYES:
NOES:
ABSTAIN:
ABSENT:
Mendez, Lopez, Ruh, Martinez, Dutrey
None
None
None
RESULT: Motion carried 5–0.
MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 120 of 124
PENDING
APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – September 2, 2025 Page 2 of 5 A. Approval of Minutes
1. Regular Joint Meeting — August 4, 2025
ACTION – Consent Calendar – Item A–1
ACTING: City Council
Successor Agency Board
Montclair Housing Corporation Board
Montclair Housing Authority Commissioners
Montclair Community Foundation Board
RESULT: Approved on Consent Calendar; motion carried 5–0.
2. Regular Joint Meeting — August 18, 2025
ACTION – Consent Calendar – Item A–2
ACTING: City Council
Successor Agency Board
Montclair Housing Corporation Board
Montclair Housing Authority Commissioners
Montclair Community Foundation Board
RESULT: Approved on Consent Calendar; motion carried 5–0.
B Administrative Reports
1. Consider Approval of Warrant Register & Payroll Documentation ACTION – Consent Calendar – Item B–1
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.
C. Agreements
1. Consider Approval of Agreement No. 25–58, Amendment
No. 1 to Agreement No. 20–78 with the San Bernardino
County Registrar of Voters Related to the Maintenance of Secure Mail Ballot Drop Boxes on City Property
Council Member Lopez questioned the reimbursement of costs for the installation and maintenance of the ballot drop boxes .
City Clerk Myrick advised City staff installed the boxes in 2020 using internal staff and on–hand materials, and does not expect additional installation or removal costs to be incurred for the duration of the contract. She added the County purchased, owns, and maintains the boxes, while the City reports damage and handles unlocking and locking the boxes during election periods.
ACTION – Consent Calendar – Item C–1
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.
2. Consider Approval of Agreement No. 25–60 with Beacon Economics, LLC to Assess the Potential Economic
Development Benefits of Extending the Foothill Gold Line Extension to the City of Montclair, Subject to any Revisions Deemed Necessary by the City Attorney
MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 121 of 124
PENDING
APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – September 2, 2025 Page 3 of 5 ACTION – Consent Calendar – Item C–2
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.
D. Resolutions
1. Consider Adoption of Resolution No. 25–3496 Approving Agreement No. 25–61, an Affordable Housing Agreement
with the Montclair Housing Authority and the Montclair
Housing Corporation; Authorizing the Transfer of 9634
Central Avenue, Montclair, to the Montclair Housing
Authority for Use as Affordable Housing; and Declaring Such Real Property to be Exempt Surplus Land
Consider Authorizing a $100,000 Appropriation from the
Economic Development Assets Fund for Rehabilitation of
the Property Located at 9634 Central Avenue, Montclair
ACTION – Consent Calendar – Item D–1
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.
Consider Adoption of MHA Resolution No. 25–01 Approving Agreement No. 25–61, an Affordable Housing Agreement
with the City of Montclair and the Montclair Housing
Corporation, and Accepting the Transfer of Certain Real Property from the City of Montclair
ACTION – Consent Calendar – Item D–1
ACTING: Montclair Housing Authority
RESULT: Approved on Consent Calendar; motion carried 5–0.
Consider Adoption of MHC Resolution No. 25–02 Approving Agreement No. 25–61, an Affordable Housing Agreement
with the City of Montclair and the Montclair Housing
Authority
ACTION – Consent Calendar – Item D–1
ACTING: Montclair Housing Corporation
RESULT: Approved on Consent Calendar; motion carried 5–0.
IX. PULLED CONSENT CALENDAR ITEMS — None
X. RESPONSE
A. Consider Receiving and Filing a Response to City Council Inquiry Related to Producing City Council Meeting Agenda Packets Earlier in Order to Provide Additional Time for City Council Review Consider Providing Direction to Staff Related to the Agenda Packet Production Schedule
Council Member Mendez expressed a preference for Scenario No. 2, which proposes rescheduling council meetings to either Tuesdays or Wednesdays to allow for additional review time.
Mayor Pro Tem Martinez noted that modifying the Agenda process would primarily benefit the City Council and acknowledged that staff may be negatively impacted by the adjusted timeline.
MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 122 of 124
PENDING
APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – September 2, 2025 Page 4 of 5 City Manager Starr indicated that Tuesdays are generally not feasible for City Attorney Robbins due to her role as City Attorney for Loma Linda, which holds its meetings on Tuesdays. He noted Wednesdays would impact Montclair’s Community Activities Commission meetings.
He advised of staff’s preference for Scenario No. 3 over No. 2.
Council Member Lopez inquired about the possibility of presenting urgent items as emergency items requiring four–fifths vote of the City Council if necessary.
City Manager Starr stated it is an option for emergency matters; however, in cases of urgent matters that are simply not ready in time for the scheduled agenda posting, agenda packet distribution could be delayed until the following week if necessary.
Council Member Ruh stated he has arranged his work schedule with his employer to enable his attendance at City Council Meetings, so changing the meeting schedule to a different day of the week would not be feasible for him.
City Manager Starr proposed the City Council select a scenario and implement a six–month trial period to assess its effectiveness and assess any impacts on internal operations.
Mayor Pro Tem Martinez indicated a desire to receive feedback from and consider negative impacts to staff before finalizing a decision.
Mayor Dutrey discussed potential changes to the Brown Act currently advancing through the state legislature, which would introduce new requirements for agendas, including more public participation options and the provision of agendas in other languages. He determined Scenario No. 3 would best prepare staff to accommodate the additional steps required should the legislation succeed, and publishing the packet a week earlier would offer substantially more time for City Council review; therefore, he considered it to be the most suitable option.
ACTION – RESPONSE
ACTING: City Council
MOTION: Receive and file the agenda report; direct staff to proceed with Scenario No. 3 to publish agenda
packets eleven days in advance—on the second
Thursday prior to City Council meetings; cancel the
October 6, 2025 regular City Council meeting to
facilitate the transition; and direct staff to provide an update to the City Council at the regular meeting
scheduled for February 17, 2026.
MADE BY:
SECOND BY:
Mayor Dutrey
Council Member Mendez
AYES:
NOES:
ABSTAIN:
ABSENT:
Mendez, Lopez, Ruh, Dutrey
Martinez
None
None
RESULT: Motion carried 4–1 (Martinez opposed).
XI. COMMUNICATIONS
A. Department Reports — None
B. City Attorney — None
C. City Manager/Executive Director — None
MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 123 of 124
PENDING
APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – September 2, 2025 Page 5 of 5 D. Mayor/Chair
Mayor/Chair Dutrey recognized September holidays; complimented the success of the event renaming the Montclair Post Office in honor of former Mayor Paul M. Eaton and commended staff for their part in co–organizing the event with the office of Congresswoman Norma Torres; and thanked Public Works for recent maintenance and repairs in the City’s parks. He advised that tomorrow, the San Bernardino County Transportation Authority (SBCTA) Board will consider a final vote to fund the extension of Los Angeles Metro Rail’s A Line (previously known as the Gold Line) from the Claremont station to the Montclair Transcenter; reminded Council Members to submit comments on the draft City Council Policy and Procedures Manual to the City Clerk, and requested an update on the oversized vehicle ordinance.
City Manager Starr stated staff is still working on fine tuning the oversized vehicle ordinance with legal counsel and will bring it to the City Council for consideration soon.
E. Council Members/Directors
1. Mayor Pro Tem/Vice Chair Martinez noted she is unable to attend the SBCTA board meeting, and acknowledged the students in the audience from International Polytechnic High School (IPoly).
2. Council Member/Director Mendez complimented the Paul Eaton dedication event, acknowledged workers in honor of Labor Day, and announced his inability to make it to the SBCTA board meeting and the Taste of Montclair event.
3. Council Member/Director Lopez noted his appreciation for the IPoly students' attendance, and emphasized the efforts the City has maintained over the past two decades to ensure the Gold Line comes to Montclair.
4. Council Member/Director Ruh stated he will attend the upcoming SBCTA board meeting to support funding for the Gold Line’s extension into Montclair, and noted anniversaries of historical events related to ending World War II.
F. Committee Meeting Minutes
The following committee minutes were received and filed for informational purposes:
1. Personnel Committee — August 18, 2025
XII. ADJOURNMENT
At 8:15 p.m., the City Council, Successor Agency Board, Montclair Housing Corporation Board, Montclair Housing Authority Commission, and Montclair Community Foundation Board were adjourned.
Submitted for City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority
Commission/Montclair Community Foundation Board approval, Andrea Myrick,
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 10/20/2025 Page 124 of 124