Agenda packet — Montclair City Council, January 20, 2026

CITY OF MONTCLAIR

CITY COUNCIL

SUCCESSOR REDEVELOPMENT AGENCY,

MONTCLAIR HOUSING CORPORATION, MONTCLAIR

HOUSING AUTHORITY, AND MONTCLAIR COMMUNITY

FOUNDATION MEETINGS

AGENDA PACKET
Tuesday, January 20, 2026
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
Tuesday, January 20, 2026
7:00 p.m.

If you want to provide spoken comments on an agenda item, including public hearing and closed session items, please complete a Speaker Card located in the Council Chambers. The Mayor/Chair (or the meeting’s Presiding Officer) will call on those who submitted requests to speak at the appropriate times during the meeting. Written comments (200–word limit per agenda item, and 200–word limit for all non– agenda items combined) may also be emailed to [email protected] or submitted at https://www.cityofmontclair.org/public– comment/ 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 nonsecular 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. Community Activities Commission Military Banner Presentation B. Introduction of New Administrative Services and Community Development Department Employees
VI. PUBLIC COMMENT
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 (GC §54954.3). Pursuant to 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. 2025–48) [CC]
Consider Setting a Public Hearing for Second Reading and to Consider Adoption of Ordinance No. 25–1014 on Monday, February 2, 2026, at 7:00 p.m. in the City Council Chambers [CC] 4
VIII. CONSENT CALENDAR
A. Approval of Minutes

1. Regular Joint Meeting — December 1, 2025 [CC/SA/MHC/MHA/MCF] 94

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MONTCLAIR CITY COUNCIL MEETING – 01/20/2026 Page 1 of 100 Page No.

B. Administrative Reports

1. Consider Receiving and Filing of Treasurer’s Report [CC] 20

2. Consider Approval of Ratification of Warrant Register & Payroll Documentation [CC] 21

3. Consider Receiving and Filing of Treasurer’s Report [SA] 22

4. Consider Approval of Warrant Register [SA] 23

5. Consider Receiving and Filing of Treasurer’s Report [MHC] 24

6. Consider Approval of Warrant Register [MHC] 25

7. Consider Receiving and Filing of Treasurer’s Report [MHA] 26

8. Consider Approval of Warrant Register [MHA] 27
C. Agreements

1. Consider Approval of Agreement No. 26–01, a Memorandum of Understanding with the County of San Bernardino for Participation in, and Operation of, a Proposed Regional West End Navigation Center (WENC) Serving the West End Communities of San Bernardino County, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] Consider Approval of Agreement No. 26–02, a Memorandum of Understanding with the County of San Bernardino for Funding Terms and Conditions for the City of Montclair’s Participation in WENC, Subject to Any Revisions Deemed Necessary by the City Attorney [CC]
Consider Authorizing City Manager Starr to Execute Agreement Nos. 26– 01 and 26–02 and All Other Documents Related to Participation In and Operation of WENC [CC]
Consider Appointing Mayor Dutrey to serve on the WENC Oversight Committee [CC]
Consider Appointing Community Development Director Diaz to serve on the WENC Operations Committee [CC] 28

2. Consider Approval of Agreement Nos. 26–03, 26–04, and 26–05 with Montclair Little League and Golden Girls Softball League for Use of Ball Field Facilities, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] 43

3. Consider Approval of Agreement No. 26–06 with Blais & Associates, Inc. for Grant Writing Services, Subject to Any Revisions Deemed Necessary by the City Attorney [CC]
Consider Authorizing a $39,787 Appropriation from the Lease Revenue Bond Fund for Costs Related to Agreement No. 26–06 [CC] 65

4. Consider Approval of Agreement No. 26–07, Amendment No. 1 to Agreement No. 22–62 with CASC Engineering, Inc. for Assistance with the City’s National Pollution Discharge Elimination System (NPDES) Program, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] 84 D. Resolutions — None
IX. PULLED CONSENT CALENDAR ITEMS
MONTCLAIR CITY COUNCIL MEETING – 01/20/2026 Page 2 of 100 Page No.

X. BUSINESS ITEMS
A. Consider Adoption of Resolution No. 26–3505 Making Certain Findings for an Exception to the 180–Day wait Period Pursuant to Government Code Sections 7522.56 and 21224 with Authorization to Hire Marcia Richter into the Part– Time, Temporary Retired Annuitant Position of Assistant City Manager/Director of Human Services [CC]
Consider Authorizing a $60,000 Appropriation from the FY 2025–26 Administrative Services/ Human Services Departments Personnel Budget to Fund the Part–Time, Temporary Retired Annuitant Positions of Assistant City Manager/Director of Human Services [CC] 87
XI. COMMUNICATIONS
A. Department Reports — None
B. City Attorney

1. Request to Meet in Closed Session Pursuant to GC §54956.9(d)(2) Regarding Potential Litigation [CC]
Two Potential Cases

2. Request to Meet in Closed Session Pursuant to GC §54956.9(d)(4) Regarding Potential Litigation [CC]
One Potential Case

3. Request to Meet in Closed Session Pursuant to GC §54956.9(d)(1) Regarding Pending Litigation [CC]
Dow/Alvarran v. Montclair
Ibanez v. Montclair

4. 4. Request to Meet in Closed Session Pursuant to GC §54956.8 Regarding Property Negotiations
Property: APNS 1008–611–20–0000 and 1008–611–13–0000
Negotiating Parties: City of Montclair, Brito Brothers LLC 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 — December 15, 2025 [CC] 93 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, February 2, 2026 at 7:00 p.m.

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

If you need special assistance to participate in this meeting, call the City Clerk’s Office at (909) 625–9416 or e–mail [email protected]. Notification prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35.102–35.104 ADA Title II) I, Andrea M. Myrick, City Clerk, hereby certify that I posted, or caused to be posted, a copy of this Agenda not less than 72 hours prior to this meeting on the City’s website at https://www.cityofmontclair.org/agendas/ and on the bulletin board adjacent to the north door of Montclair City Hall at 5111 Benito Street, Montclair, CA 91763 on Thursday, January 8, 2026.

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MONTCLAIR CITY COUNCIL MEETING – 01/20/2026 Page 3 of 100

CITY COUNCIL

AGENDA REPORT
DATE: JANUARY 20, 2026
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. 2025–48)

CONSIDER SETTING A PUBLIC HEARING FOR SECOND READING AND TO CONSIDER ADOPTION OF ORDINANCE NO. 25–1014 ON MONDAY, FEBRUARY 2, 2026 AT 7:00 P.M. IN THE CITY COUNCIL CHAMBERS
REASON FOR CONSIDERATION: City Council action is required to amend the Montclair Municipal Code (MMC) and the Zoning Code. Proposed Ordinance No. 25–1014 would make changes to the MMC and update local regulations in compliance with Government Code section 66310 et seq. related to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) constructed in the City.

Prior to adoption, the City Council must conduct two separate readings of a proposed ordinance. The first reading must be held during a public hearing. At least five days after the first reading, the City Council may conduct the second reading at a regular meeting and adopt the proposed ordinance. The proposed ordinance cannot be substantially altered between the first and second readings.

At its meetings on October 20, November 3, and December 1, 2025, during which the initial reading of the proposed ordinance was previously scheduled and subsequently rescheduled to take place, the City Council solicited public comments and continued its consideration of the proposed ordinance without performing the first reading to allow additional time for staff to incorporate recently enacted state legislation related to ADUs and JADUs into the proposed ordinance.

The Planning Commission considered the updated proposed ordinance during a noticed public hearing on December 8, 2025. Following review of the draft ordinance, the Commission voted 5–0 to recommend City Council approval of the proposed ordinance, as set forth in Planning Commission Resolution No. 25–2014. The Planning Commission received no comments.

The City Council is now requested to consider conducting the first reading of Ordinance No. 25–1014 amending the Zoning Code and repealing and replacing Chapter 11.23 of the MMC relating to ADUs and JADUs in residential zones.

A copy of proposed Ordinance No. 25–1014 is attached for City Council review and consideration.

BACKGROUND: In recent years, the California Legislature has approved, and the Governor has signed into law several bills that, among other things, amended various sections of the Government Code to impose new limits on local authority to regulate ADUs and JADUs. The purpose of this ordinance is to achieve compliance with California Government Code Sections 65852.2 and 65852.22, as amended by the following legislative actions:

MONTCLAIR CITY COUNCIL MEETING – 01/20/2026 Page 4 of 100 • AB 2533 (2024) – Unpermitted ADUs and JADUs
• SB 1211 (2024) – ADUs in Multifamily Developments
• AB 1154 (2025) – JADU Owner–Occupancy; Short–Term Rental • SB 543 (2025) – ADU Size; Number of ADUs; Impact Fees; Permitting Timeline • AB 462 (2025) – Coastal Development Permits for ADUs (Not applicable to the City of Montclair)
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:

1. Expanding the legalization protections to also include Junior ADUs (JADUs);

2. Extending the construction cutoff date from January 1, 2018, to January 1, 2020; and

3. 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).)
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).)
MONTCLAIR CITY COUNCIL MEETING – 01/20/2026 Page 5 of 100 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).)
SB 9 (2025)
1 and SB 543 – ADU Ordinance Submittal to HCD; Approval Under existing law, local agencies are required to submit a copy of their ADU ordinance to the California Department of Housing and Community Development (HCD) within 60 days of adoption.

SB 9 of 2025 and SB 543 create a penalty for failing to do so by rendering null and void any local ordinance that is not submitted to HCD within 60 days of adoption. (See amended Gov. Code, § 66326(d); new Gov. Code, § 66333.5(d).) The bills further specify that a local ADU ordinance is null and void if HCD issues findings that the ordinance does not comply with state law and the local agency fails to respond to HCD within 30 days.

SB 543 – ADU Size; Number of ADUs; Impact Fees; Application Timeline SB 543 makes numerous changes and clarifications to state ADU law, the most notable of which are summarized below.

ADU & JADU Size
Existing law limits the maximum size of a JADU to 500 square feet and prohibits local ADU ordinances from imposing certain development standards that would prevent an ADU created under Government Code Sections 66314 through 66322 from being at least 800 square feet.

SB 543 amends state ADU law to specify that allowable square footage of an ADU or JADU refers to square footage of “interior livable space.” (See amended Gov. Code, § 66313(d), 66321(b)(2).)
Impact Fees
Existing law exempts ADUS that are 750 square feet or smaller from development impact fees (DIFs).

SB 543 clarifies that DIFs may not be imposed on an ADU that has 750 or fewer square feet of interior livable space or on a JADU with 500 or fewer square feet of interior livable space.

The bill also exempts an ADU or JADU with fewer than 500 square feet of interior livable space from school impact fees. (See amended Gov. Code, § 66311.5.) 1 Not to be confused with the SB 9 (2021), Stats. 2021 Ch. 162, regarding urban lot splits and second primary dwelling units.

MONTCLAIR CITY COUNCIL MEETING – 01/20/2026 Page 6 of 100 Quantity of ADUs Created Under Government Code Section 66323 Existing state law creates four categories of ADUs that must be approved if they comply with the limited standards provided in Government Code section 66323(a)(1) – (4). These are:
(1) a converted ADU and JADU created on a lot with a proposed or existing single–family dwelling (Gov. Code, § 66323(a)(1));
(2) a detached ADU created on a lot with a proposed or existing single–family dwelling (Gov. Code, § 66323(a)(2));
(3) converted ADUs created in an existing multifamily dwelling (Gov. Code, § 66323(a)(3)); and
(4) detached ADUs created on a lot with a proposed or existing multifamily dwelling.

For some time, there has been uncertainty as to whether ADUs created under Government Code Section 66323 could be combined. Some cities interpreted the statute to not require local agencies to allow combinations. Initially, HCD took the same position in its 2020 ADU Handbook. But for the last few years, HCD has taken the opposite position: yes, combinations are permitted. (See HCD January 2025 ADU Handbook, page 19: [“[P]ursuant to Government Code section 66323, subdivision (a), local governments must allow units created pursuant to subparagraphs (1) and (2) together or (3) and (4) together”].)
SB 543 codifies HCD’s most recent interpretation by amending Government Code Section 66323 to specifically allow combinations. Thus, a lot with a multifamily dwelling can now have a converted ADU or ADUs created under Section 66323(a)(3) and detached ADUs created under Section 66323(a)(4). A lot with a single–family dwelling can now have a converted ADU and a JADU created under Section 66323(a)(1) and a detached ADU created under Section 66323(a)(2).

ADU Permitting Process
Existing law has long required local agencies to approve or deny an ADU application within 60 days of receiving a complete application. However, state law was silent regarding incompleteness determinations, subsequent resubmittals, and appeals of local decisions on ADU applications.

SB 543 requires local agencies to now:
(1) determine whether an ADU application is complete within 15 business days of submittal;
(2) if the application is incomplete, within the same 15 days, provide the applicant with a list of incomplete items and how to address them; (3) review a resubmitted application for completeness within 15 business days;
(4) provide the applicant with a written appeal process for any incompleteness determination or denial (to the Planning Commission or City Council, or both); and
(5) provide a final written determination on the appeal within 60 business days of receiving the appeal. (See amended Gov. Code, §§ 66317 [ADUs], 66335 [JADUs].)
MONTCLAIR CITY COUNCIL MEETING – 01/20/2026 Page 7 of 100 AB 462 (2025) – Coastal Development Permits for ADUs
AB 462 modifies several permitting requirements associated with processing Coastal Development Permits for ADUs located in the Coastal Zone. Since the City of Montclair is not within the Coastal Zone, AB 462 does not apply and is not included as part of the draft ordinance.

Planning Division Comments
For several years, the State of California has been promoting ADU laws as a means for addressing the state's housing shortage by creating more affordable housing options without the need for major new infrastructure. The intent of state ADU laws is to make it easier and more affordable for homeowners to build ADUs to increase housing density.

As such, state law sets a framework that cities can only slightly modify with reasonable, objective standards like setbacks and height limits, so long as they do not effectively prohibit the construction of ADUs. Proposed Ordinance No. 25–1014 is up to date with recent state legislation, and when adopted, will ensure the City’s local regulations regarding ADUs and JADUs are consistent with state law.

Since amending the MMC is done by ordinance of the City Council, the Planning Commission, at its regular meeting on December 8, 2025, unanimously recommended, by a 5–0 vote, City Council's adoption of proposed Ordinance No. 25–1014. Adopting the proposed ordinance (Exhibit A to Attachment 1, below) ensures the City’s ADU ordinance will be valid under AB 2533, SB 1211, AB 462, and SB 9 of 2025 and SB 543.

Environmental Review
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.

Public Notice
On May 16, 2025, a notice of a public hearing was published in the Inland Valley Daily Bulletin newspaper pursuant to state law for the Planning Commission’s review of proposed Ordinance No. 25–1014 on June 23, 2025. After amendments, on November 17, 2025, a notice of a public hearing for the updated proposed ordinance was published for the December 8, 2025, Planning Commission meeting. No public comments were received by the Planning Commission.

Public notice of the City Council’s consideration of the proposed ordinance was published in the Inland Valley Daily Bulletin on September 12, 2025. The notice advertised the original public hearing for October 20, 2025, and included language informing the public that the City Council may schedule additional public hearings at the October 20 hearing, and again at subsequently scheduled hearings as necessary, which fulfills the City’s legal noticing requirements. Additionally, separate notices of public hearings are posted on the City’s website at least 72 hours prior to corresponding City Council meetings. No written comments from the public have been received as of the time of publication of this report on January 8, 2026.

MONTCLAIR CITY COUNCIL MEETING – 01/20/2026 Page 8 of 100 FISCAL IMPACT: The City Council’s adoption of proposed Ordinance No. 25–1014 would result in no fiscal impact. However, applications submitted for ADUs and JADUs are subject to fees for City review and the issuance of building permits are borne by the applicant per 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. 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. 2025–48); and

2. Set a public hearing for second reading and to consider adoption of Ordinance No. 25–1014 on Monday, February 2, 2026, at 7:00 p.m. in the City Council Chambers.

MONTCLAIR CITY COUNCIL MEETING – 01/20/2026 Page 9 of 100 FIRST

READING
01/20/2026
Ordinance No. 25–1014 Page 1 of 2
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, the City desires to amend its local regulatory scheme for the construction of ADUs and JADUs to reflect the most recent 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 No. 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 Ordinance and, 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, however, the Ordinance required further amendments and the hearing was continued to November 3, 2025; and
WHEREAS, on November 3, 2025, the City Council held a duly–noticed public hearing to consider the Ordinance, including the public testimony and agenda reports prepared in connection with the Ordinance; however, the Ordinance required further amendments, and the hearing was continued to December 1, 2025; and WHEREAS, on December 1, 2025, the City Council held a duly–noticed public hearing to consider the Ordinance, including the public testimony and agenda reports prepared in connection with the Ordinance; however, the Ordinance required further amendments, and the hearing was continued to January 20, 2026; and WHEREAS, on December 8, 2025, at a duly noticed public meeting, the Planning Commission considered all written and oral testimony presented regarding the proposed Ordinance and, 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, 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 §66313. Therefore, adoption of the Ordinance is statutorily exempt from CEQA in that it implements state ADU law.

MONTCLAIR CITY COUNCIL MEETING – 01/20/2026 Page 10 of 100 FIRST

READING
01/20/2026
Ordinance No. 25–1014 Page 2 of 2
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).

SECTION 4. Code Amendment. Chapter 11.23 of Title 11 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 shall take effect 30 days after 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 shall certify to the passage of this Ordinance and cause the same to be posted pursuant to Gov. Code §36933.

SECTION 8. Custodian of Records. The custodian of records for this Ordinance is the City Clerk, and the records comprising the administrative record are maintained in the Community Development Department, located at Montclair City Hall, 5111 Benito Street, Montclair, California 91763.

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, 2026.

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, 2026, and finally passed not less than five (5) days thereafter on the XX day of XX, 2026, by the following vote, to–wit:

AYES: XX
NOES: XX
ABSTAIN: XX
ABSENT: XX

Andrea M. Myrick
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 01/20/2026 Page 11 of 100 FIRST

READING
01/20/2026

Page 1 of 8 ends

Exhibit A
to Ordinance No. 25-1014
Amendments to Montclair Municipal Code
Title 11 – ZONING AND DEVELOPMENT
Division II. Zoning
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 section 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 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 of interior livable space in size.

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.

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5. It includes an efficiency kitchen, as defined in subsection 11.23.030(D) above.

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 and 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 created under this section:

A. Ministerial ADU and Building Permits Required. Every ADU and JADU requires an ADU permit and a building permit. The city will review and approve permit applications in accordance with subsection 11.23.040(C) below.

B. Processing Fee. 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 ADUpermit processing fee is determined by the Director of Community Development and approved by the City Council by resolution.

C. Process and Timing.

1. Completeness.
a. Determination in 15 days. The city will determine whether an application to create or serve an ADU or JADU is complete and will provide written notice of the determination to the applicant within 15 business days after the city receives the application submittal. b. Incomplete items. If the city’s determination under subsection 11.23.040(C)(1)(a) above if the application is incomplete, the city’s notice must list the incomplete items and describe how the application can be made complete.
c. Cure. After receiving notice that the application is incomplete, the applicant may cure and address the items that were deemed by the city to be incomplete. d. Subsequent submittals. If the applicant submits additional information to address incomplete items, within 15 business days of the subsequent submittal the city will determine in writing whether the additional information remedies all the incomplete items that the city identified in its original notice. The city may not require the application to include an item that was not included in the original notice. e. Deemed complete. If the city does not make a timely determination as required by this subsection, the application or resubmitted application is deemed complete for the purposes of subsection 11.23.040(C)(3) below.
f. Appeal of incompleteness. An applicant may appeal the city’s determination that the application is incomplete by submitting a written appeal to the city clerk. The Planning Commission will review the written appeal, affirm or reverse the completeness determination, and provide a final written determination to the applicant within 60 business days after receipt of the appeal.

2. No discretion or hearing. Ministerial permits for an ADU or JADU are considered and approved without discretionary review or hearing.

3. Deadline to approve or deny ministerial approvals. 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 complete application. If the city has not approved or denied the complete 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
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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.

4. Denial. 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)(3) above.

5. Appeal of denial. An applicant may appeal the city’s denial of the application by submitting a written appeal to the city clerk. The Planning Commission will review the written appeal and affirm or reverse the denial and provide a final written determination to the applicant within 60 business days after receipt of the appeal.

6. Concurrent review of demolition. 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 – Classes.

A. Class 1: Statutorily Regulated. Class 1 ADUs and JADUs are approved under Government Code section 66323. If an ADU or JADU complies with each of the general requirements in section 11.23.060 below, it is allowed in each of the scenarios provided in this subsection

11.23.050(A). An ADU and JADU approved under subsection 11.23.050(A)(1) may be combined with an ADU approved under subsection 11.23.050(A)(2), and ADUs approved under subsection 11.23.050(A)(3) may be combined with ADUs approved under subsection

11.23.050(A)(4).

1. Converted on Lot with Single-Family: One ADU as described in this subsection

11.23.050(A)(1) 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
b. (In the case of an ADU only) is 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
c. Has exterior access that is independent of that for the single-family dwelling; and d. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
e. The JADU complies with the requirements of Government Code sections 66333 through 66339.

2. Limited Detached on Lot with Single-Family: One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling, if the detached ADU satisfies each of the following limitations:
a. The side- and rear-yard setbacks are at least four feet. b. The total floor area is 800 square feet of livable space or smaller. c. The peak height above grade does not exceed the applicable height limit in section

11.23.060 below.

3. Converted on Lot with Multifamily: 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 subsection

11.23.050(A)(3), 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 Lot with Multifamily: 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.

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b. The peak height above grade does not exceed the applicable height limit provided in section 11.23.060(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. Class 2: Locally Regulated. Class 2 ADUs are approved under Government Code sections 66314–66322. Except for Class 1 ADUs approved under subsection 11.23.050(A) above, all ADUs are subject to the standards set forth in sections 11.23.060 and 11.23.070 below.

11.23.060 – General requirements.

The following requirements apply to all Class 1 and Class 2 ADUs and JADUs:

A. Zoning.

1. A Class 1 ADU approved under subsection 11.23.050(A) may be created on a lot in a residential or mixed-use zone.

2. A Class 2 ADU approved under subsection 11.23.050(B) 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 section 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 11.23.060(B)(2) and 11.23.060(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.

2. 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. 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.

3. 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.

4. 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

11.23.060(B)(4) may not exceed two stories.

5. For purposes of this subsection 11.23.360(B)(5), 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 or JADU if sprinklers are required in the primary residence.

2. The construction of an ADU or JADU 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 Government Code section 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).

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. ADUs are not subject to an owner-occupancy requirement.

2. JADUs.
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must reside on the property, in either the primary dwelling or JADU, as the person’s legal domicile and permanent residence.
b. Exceptions. The owner-occupancy requirement in this subsection

11.23.060(G)(2)(b) does not apply in either of the following situations:
i. The JADU has separate sanitation facilities (i.e., does not share sanitation facilities with the existing primary dwelling unit structure). ii. 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 a 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 of Community Development. 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 a 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 of Community Development 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 11.23.060(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 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 11.23.60(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.

J. Certificate of Occupancy Timing.

1. Generally. No certificate of occupancy for an ADU or JADU may be issued before the certificate of occupancy is issued for the primary dwelling unit.

2. Limited Exception for State-Declared Emergencies. Notwithstanding subsection

11.23.060(J)(1) above, a certificate of occupancy for an ADU may be issued before a certificate of occupancy for the primary dwelling if each of the following requirements are met:
a. The County of San Bernardino is subject to a proclamation of a state of emergency made by the California Governor on or after February 1, 2025. b. The primary dwelling was substantially damaged or destroyed by an event referenced in the Governor’s state of emergency proclamation. c. The ADU has been issued construction permits and has passed all required inspections.
d. The ADU is not attached to the primary dwelling.

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11.23.070 – Specific ADU Requirements.

The following requirements apply only to Class 2 ADUs approved under subsection 11.23.050(B). This section 11.23.070 does not apply to Class 1 ADUs or JADUs approved under subsection 11.23.050(A) above.

A. Maximum Size.

1. The maximum size of a detached or attached ADU subject to this section 11.23.070 is 850 square feet of interior livable space for a studio or one-bedroom unit and 1,000 square feet of interior livable space 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 11.23.070, such as lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection 11.23.070(A)(2) above, front setback, lot coverage limit, or open-space requirement may require the ADU to have less than 800 square feet of interior livable space.

B. Setbacks.

1. ADUs that are subject to this subsection 11.23.070(B)(1) must conform to 4-foot side and rear setbacks.

2. Front setbacks. ADUs are subject to 25-foot front setbacks for the ground floor and 30-foot front setbacks for a second story, subject to this section 11.23.070.

3. No setback is required for an ADU that is subject to this section 11.23.070 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 section 11.23.070 may cause the total lot coverage of the lot to exceed 35 percent, subject to subsection 11.23.070(B)(3).

D. Minimum Open Space. No ADU subject to this section 11.23.060 may cause the total percentage of open space of the lot to fall below a minimum of 1000 square feet of permanent, open, outdoor living space to the rear of the front yard setback line. Such outdoor living area may be provided in one or more spaces; provided, however, such spaces shall average not less than 20 feet and at their narrowest dimension shall be not less than 15 feet, subject to section 11.23.070(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 or bedroom, whichever is less. 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 this subsection 11.23.070(F)(2) 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) above.
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.
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.
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 11.23.070(F)(a–e) above.

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.

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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 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. The 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, facing alternate direction from the exterior entrance 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. 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.

7. 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.

8. No exterior wall of a second-story ADU may be in the same plane as that of an exterior wall of the ground floor. All second-story exterior walls must be offset from the ground-floor exterior wall below by at least five feet.

H. Landscape Requirements. Evergreen landscape screening must be planted and maintained between the ADU and any public right-of-way 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. Allowed Stories. No ADU subject to this section 11.23.070 may have more than one story, except that an ADU that is attached to the primary dwelling may have the stories allowed under subparagraph 11.23.060(4) above.

11.23.080 – Fees.

The following requirements apply to all Class 1 ADUs and JDUs and Class 2 ADUs that are approved under subsections 11.23.050(A) or 11.23.050(B) above.

A. Impact Fees.

1. No impact fee is required for a JADU or for an ADU that has less than 750 square feet of interior livable space. For purposes of this subsection 11.23.080(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. Under Government Code section 663311.5c.3 a JADU or ADU with less than 500 square feet of interior livable space does not increase assessable space by 500 square feet for purposes of Education Code section 17620(a)(1)(C). The applicant must provide a clearance letter from each applicable school district indicating that all necessary school fees have been paid.

3. Any impact fee that is required for an ADU that has 750 square feet or more of interior livable space 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 or JADU is constructed with a new single-family home, a separate utility connection directly between the ADU or JADU and the utility, and payment of the normal connection fee and capacity charge for a new dwelling are required.

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2. Except as described in subsection 11.23.0801(B)(1) above, JADUs and converted ADUs on a single-family lot that are created under subsection 11.23.050(A) are not required to have a new or separate utility connection directly between the JADU or ADU and the utility, nor is a connection fee or capacity charge required. Notwithstanding the rest of this paragraph, a direct utility connection is required for separate conveyance of an ADU when separate conveyance is allowed under this code.

3. Except as described in subsection 11.23.080(B)(2) above, all ADUs that are not covered by subsection 11.23.080(B)(1) require a new, separate utility connection directly between the ADU and the utility for any utility.
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.

11.23.090 – 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 11.23.090(B)(1) 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 section 17920.3.
b. Subsection 11.23.090(B)(1) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code section 17920.3.

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CITY COUNCIL

AGENDA REPORT
DATE: JANUARY 20, 2026
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 1
FILE I.D.: FIN520
DEPT.: FINANCE
PREPARER: J. KULBECK
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The City Council is requested to consider receiving and filing the City of Montclair Treasurer's Report for the month ending November 30, 2025.

BACKGROUND: Included in the City Council’s agenda packet is a copy of the Treasurer's Report for the period ending November 30, 2025.

FISCAL IMPACT: Routine—report of City's cash and investments.

RECOMMENDATION: Staff recommends the City Council receive and file the Treasurer's Report for the month ending November 30, 2025.

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CITY COUNCIL

AGENDA REPORT
DATE: JANUARY 20, 2026
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 2
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 December 15, 2025; and the Payroll Documentation dated November 30, 2025, and recommends their approval.

FISCAL IMPACT: The City Manager authorized the Warrant Register dated December 15, 2025, totaling $1,611,668.63.

The Payroll Documentation dated November 30, 2025, totals $909,248.99 gross, with $652,090.18 net being the total cash disbursement.

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

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CITY COUNCIL

AGENDA REPORT
DATE: JANUARY 20, 2026
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 3
FILE I.D.: FIN510
DEPT.: SA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The City Council acting as Successor to the Redevelopment Agency Board of Directors (Successor Agency Board) is requested to consider receiving and filing the Successor to the Redevelopment Agency Treasurer's Report for the month ending November 30, 2025, pursuant to state law.

BACKGROUND: Included in the Successor Agency Board’s agenda packet is a copy of the Successor to the Redevelopment Agency Treasurer's Report for the period ending November 30, 2025.

FISCAL IMPACT: Routine—report of the Successor Agency's cash.

RECOMMENDATION: Staff recommends the Successor Agency Board receive and file the Successor to the Redevelopment Agency Treasurer's Report for the month ending November 30, 2025.

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CITY COUNCIL

AGENDA REPORT
DATE: JANUARY 20, 2026
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 4
FILE I.D.: FIN530
DEPT.: SA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTER
REASON FOR CONSIDERATION: The City Council acting as Successor to the Redevelopment Agency Board of Directors is requested to consider receiving and filing the Successor to the Redevelopment Agency Warrant Register for the month ending November 30, 2025, pursuant to state law.

BACKGROUND: Vice Chair Martinez has examined the Successor to the Redevelopment Agency Warrant Register dated 11.01.25–11.30.25 in the amounts of $4,387.14 for the Combined Operating Fund and $0.00 for the Redevelopment Obligation Retirement Funds, and finds it to be in order.

FISCAL IMPACT: Routine—report of Agency's obligations.

RECOMMENDATION: Vice Chair Martinez recommends the City Council as Successor to the Redevelopment Agency Board of Directors approve the Successor to the Redevelopment Agency Warrant Register for the period ending November 30, 2025.

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CITY COUNCIL

AGENDA REPORT
DATE: JANUARY 20, 2026
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 5
FILE I.D.: FIN525
DEPT.: MHC
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The Montclair Housing Corporation Board of Directors is requested to receive and file the Montclair Housing Corporation Treasurer's Report for the month ending November 30, 2025, pursuant to state law.

BACKGROUND: Included in the Montclair Housing Corporation Board agenda packet is a copy of the Treasurer's Report for the period ending November 30, 2025.

FISCAL IMPACT: Routine—report of the Montclair Housing Corporation's cash and investments.

RECOMMENDATION: Staff recommends the Montclair Housing Corporation Board of Directors receive and file the Treasurer's Report for the month ending November 30, 2025.

MONTCLAIR CITY COUNCIL MEETING – 01/20/2026 Page 24 of 100

CITY COUNCIL

AGENDA REPORT
DATE: JANUARY 20, 2026
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 6
FILE I.D.: FIN545
DEPT.: MHC
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTER
REASON FOR CONSIDERATION: The Montclair Housing Corporation Board of Directors is requested to consider receiving and filing the Warrant Register for the month ending November 30, 2025, pursuant to state law.

BACKGROUND: Vice Chair Martinez has examined the Warrant Register dated 11.01.25–

11.30.25 in the amount of $96,895.00 for the Montclair Housing Corporation and finds it to be in order.

FISCAL IMPACT: Routine—report of Montclair Housing Corporation's obligations.

RECOMMENDATION: Vice Chair Martinez recommends the Montclair Housing Corporation Board of Directors approve the Warrant Register for the period ending November 30, 2025.

MONTCLAIR CITY COUNCIL MEETING – 01/20/2026 Page 25 of 100

CITY COUNCIL

AGENDA REPORT
DATE: JANUARY 20, 2026
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 7
FILE I.D.: FIN525
DEPT.: MHA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The Montclair Housing Authority Commission is requested to receive and file the Montclair Housing Authority Treasurer's Report for the month ending November 30, 2025, pursuant to state law.

BACKGROUND: Included in the Montclair Housing Authority Commission’s agenda packet is a copy of the Treasurer's Report for the period ending November 30, 2025.

FISCAL IMPACT: Routine—report of Montclair Housing Authority's obligations.

RECOMMENDATION: Staff recommends the Montclair Housing Authority Commission receive and file the Treasurer's Report for the month ending November 30, 2025.

MONTCLAIR CITY COUNCIL MEETING – 01/20/2026 Page 26 of 100

CITY COUNCIL

AGENDA REPORT
DATE: JANUARY 20, 2026
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 8
FILE I.D.: FIN545
DEPT.: MHA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTER
REASON FOR CONSIDERATION: The Montclair Housing Authority Commission is requested to consider receiving and filing the Warrant Register for the month ending November 30, 2025, pursuant to state law.

BACKGROUND: Vice Chair Martinez has examined the Warrant Register dated 11.01.25–

11.30.25 in the amount of $0.00 for the Montclair Housing Authority and finds it to be in order.

FISCAL IMPACT: Routine—report of Montclair Housing Authority's obligations.

RECOMMENDATION: Vice Chair Martinez recommends the Montclair Housing Authority Commission approve the Warrant Register for the period ending November 30, 2025.

MONTCLAIR CITY COUNCIL MEETING – 01/20/2026 Page 27 of 100

CITY COUNCIL

AGENDA REPORT
DATE: JANUARY 20, 2026
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 1
FILE I.D.: SBC330
DEPT.: CITY MGR.

PREPARER: E. STARR
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 26–01, A MEMORANDUM OF UNDERSTANDING WITH THE COUNTY OF SAN BERNARDINO FOR PARTICIPATION IN, AND

OPERATION OF, A PROPOSED REGIONAL WEST END NAVIGATION CENTER (WENC)

SERVING THE WEST END COMMUNITIES OF SAN BERNARDINO COUNTY, SUBJECT TO

ANY REVISIONS DEEMED NECESSARY BY THE CITY ATTORNEY
CONSIDER APPROVAL OF AGREEMENT NO. 26–02, A MEMORANDUM OF UNDERSTANDING WITH THE COUNTY OF SAN BERNARDINO FOR FUNDING TERMS AND CONDITIONS FOR THE CITY OF MONTCLAIR’S PARTICIPATION IN WENC, SUBJECT TO

ANY REVISIONS DEEMED NECESSARY BY THE CITY ATTORNEY
CONSIDER AUTHORIZING CITY MANAGER STARR TO EXECUTE AGREEMENT NOS. 26– 01 AND 26–02 AND ALL OTHER DOCUMENTS RELATED TO PARTICIPATION IN AND

OPERATION OF WENC

CONSIDER APPOINTING MAYOR DUTREY TO SERVE ON THE WENC OVERSIGHT

COMMITTEE

CONSIDER APPOINTING COMMUNITY DEVELOPMENT DIRECTOR DIAZ TO SERVE ON

THE WENC OPERATIONS COMMITTEE
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 26–01, a memorandum of understanding with the County of San Bernardino for participation in, and operation of, a proposed regional West End Navigation Center (WENC) serving the west end communities of San Bernardino County; and Agreement No. 26–02, a memorandum of understanding with the County of San Bernardino for funding terms and conditions for the City of Montclair’s participation in WENC.

The City Council is also requested to consider authorizing City Manager Starr to execute said Agreements and all other documents related to participation in WENC; and to consider appointing Mayor Dutrey to serve on the WENC Oversight Committee and Community Development Director Diaz to serve on the WENC Operations Committee.

Copies of proposed Agreement Nos. 26–01 and 26–02 are provided in the agenda packet for City Council review and consideration.

BACKGROUND: The City Council prioritizes addressing homelessness, but the crisis remains complex and costly to resolve by individual cities. One solution involves partnering regionally to establish a facility that provides intensive treatment, food, shelter, medical care, and support for unhoused individuals with physical, mental health, or substance abuse issues.

Homelessness surged nationally during the 2006–07 housing bubble and the Great Recession, which saw over 8.7 million jobs lost. California’s high housing costs exacerbate the crisis, pushing many into homelessness and severing their ties to family, work, and society. Lack of healthcare, mental health services, and access to stable housing create cycles of substance abuse, criminal behavior, and despair that are difficult to break.

MONTCLAIR CITY COUNCIL MEETING – 01/20/2026 Page 28 of 100 Despite spending over $27 billion in California over the past seven years, the homelessness crisis persists, raising questions about fund allocation and effectiveness.

Today, California faces an entrenched, complex challenge that remains largely unresolved.

Seven West End cities (Chino, Chino Hills, Fontana, Montclair, Ontario, Rancho Cucamonga, and Upland), in collaboration with San Bernardino County, propose creating the West End Navigation Center (WENC), a temporary housing site with comprehensive services to stabilize homeless residents. Six of the seven cities have approved Agreement No. 26–01, which has been vetted by legal teams and requires no further modification.

Agreement No. 26–02, covering funding terms negotiated separately with San Bernardino County, overrides Montclair’s previous funding agreement and is pending final approval by the City Attorney. The County requests MOUs be executed by January 31, 2026.

What is the State of Homelessness in the West End of San Bernardino County? Homelessness in the west end of San Bernardino County presents increasing public health, safety, and fiscal challenges. Encampments in parks, flood channels, freeway underpasses, and other public spaces strain municipal resources and impact quality–of– life for unhoused people and business and property owners. To assess the extent of homelessness, each year San Bernardino County conducts a Point–in–Time Homeless Count.

What is the San Bernardino County Point–in–Time Homeless Count? The Point–in–Time Homeless Count is a count of sheltered and unsheltered people experiencing homelessness on a single night in January of each year. The Federal Department of Housing and Urban Development (HUD) requires that Continuums of Care (CoCs) conduct an annual count of people experiencing homelessness who are sheltered, including in emergency shelters, transitional housing and Safe Havens, and conduct a count of unsheltered people experiencing homelessness. Each count is planned, coordinated, and carried out locally.

A CoC is a regional or local planning body that coordinates housing and service funding to meet the specific needs of people who are homeless. CoCs incorporate action steps to prevent a return to homelessness. HUD identifies four necessary parts of a continuum:

1. Outreach, intake and assessment to identify service and housing needs and provide a link to the appropriate level of service.

2. Emergency shelter providing an immediate and safe alternative to sleeping on streets, especially for homeless people with children.

3. Transitional housing with supportive services to allow for the development of skills that will be needed once permanently housed; and

4. Permanent and permanent supportive housing to provide individuals and families with an affordable place to live with services, if needed.

One of the most important activities entrusted to CoCs is the biannual count of the homeless population and an annual enumeration of emergency systems, transitional housing units, and beds that make up the homeless assistance systems. These annual counts provide an overview of the state of homelessness in a CoC, and offer the information necessary to redirect services, funding, and resources as necessary.

MONTCLAIR CITY COUNCIL MEETING – 01/20/2026 Page 29 of 100 When does the 2026 Point–in–Time Homeless Count take place? The San Bernardino County PITC and Subpopulation Survey is conducted on a pre– determined date within the last 10 days of each January. The startup of community planning and organizing activities occurs in September of the year preceding the next year’s PITC. The 2026 PITC will be conducted on January 22, 2026.

The PITC of homeless individuals and families in San Bernardino County requires the involvement of key community persons and volunteers from each city and all unincorporated areas to help organize and implement the homeless count in their communities. Key people and volunteers include representatives of local government, social service providers, law enforcement, municipal agencies, educational institutions, faith–based organizations, local businesses, civic groups, neighborhood associations, nonprofit agencies and current and formerly homeless individuals.

In San Bernardino County the PITC is sponsored by the San Bernardino County Homeless Partnership in collaboration with the Office of Homeless Services and in consultation with the Institute for Urban Initiatives.

Table 1, below, demonstrates that in San Bernardino County there were 3,837 adults and children who were counted as homeless during the County’s 2025 PITC. In contrast, the 2024 PITC identified 4,255 people who were homeless. The 2025 PITC counted 418 fewer homeless people, representing a decrease of 9.8 percent. The 2025 PITC also indicates that, in comparison to 2024, there were 419 fewer people counted as unsheltered (a 13.7 percent decrease) and one additional person counted as sheltered (an increase of 0.01 percent).

Table 1
San Bernardino County
Point–in–Time Counts for 2024 and 2025
Sheltered persons include individuals and families “living in a supervised publicly or privately operated shelter designated to provide temporary living arrangements (including congregate shelters, transitional housing, and hotels and motels paid for by charitable organizations or by federal, state, or local government programs for low– income individuals)” on the night designated for the count. This includes individuals residing in Safe Haven projects—Safe Havens are supervised and supportive housing for people who are homeless and have multiple disabilities. Safe Havens aim to provide a stable environment where people can access the necessary support and services to promote overall well–being. The ultimate objective of Safe Haven projects is to save lives and end the cycle of homelessness and disability.

Regarding unsheltered homelessness, HUD includes individuals and families “with a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, including a car, park, abandoned building, bus or train station, airport, or camping ground” on the night designated for the count. Rapid Re–Housing (RRH) assisted households who are still unsheltered on the night of the count (e.g., staying in an encampment and being assisted by an RRH project to obtain housing) must be included as part of the unsheltered count.

MONTCLAIR CITY COUNCIL MEETING – 01/20/2026 Page 30 of 100 The term ‘night’ signifies a single period from sunset to sunrise, which spans two actual dates. The ‘night of the count’ begins at sunset on the date of the count and ends at sunrise on the following day.

Chart 1, below, shows that the number of people counted as unsheltered and sheltered in 2018 was 2,118, growing to 3,837 in 2025—an increase of 1,703 persons or 80.4%.

Each year since 2018, the number of people counted was more than the previous year accept in 2025.

Chart 1
Changes in San Bernardino County’s Point–in–Time County 2018 to 2025
For each of the seven west end cities of San Bernardino County, the 2025 PITC documents the following number of sheltered/unsheltered homeless persons:

City Housed / Unhoused Total
o Chino 0 / 31 = 31
o Chino Hills 0 / 3 = 3
o Montclair 0 / 38 = 38
o Ontario 39 / 258 = 297
o Fontana 93 / 271 = 364
o Rancho Cucamonga 7 / 113 = 120
o Upland 34 / 33 = 67
Together, these West End cities account for 879 unsheltered individuals, underscoring the urgent need for a regional response that no single city could manage alone.

To address this need, the County of San Bernardino and participating cities are proposing development of a West End Navigation Center (WENC), a 200–bed, full–service regional facility located at 11109 Jasmine Street, Fontana.

Starting with an effort originally spearhead by Montclair Mayor John Dutrey, the seven west–end cities of San Bernardino County (Montclair, Upland, Chino, Chino Hills, Ontario, Rancho Cucamonga and Fontana), along with San Bernardino County, have partnered to discuss terms related to participating in, and operating the proposed WENC in Fontana that will provide a range of services to unhoused persons referred to the WENC by each member agency.

Over the past year, Montclair has been a direct participant in the process related to MOU development and is committed to the success of the WENC.

MONTCLAIR CITY COUNCIL MEETING – 01/20/2026 Page 31 of 100 Is there Regional Support for the West End Navigation Center? There remains a significant unhoused population in California and in San Bernardino County. According to 2024 data, there were more than 187,000 Californians sleeping in shelters, on the street and in other places not meant for habitation. Out of the 771,500 people experiencing homelessness nationwide, an estimated 24 percent were in California, and two–thirds of those were unsheltered, contributing to nearly half of the country’s unsheltered population. However, for the 2025 PITC, several California counties reported a decrease in their homeless populations, establishing the predicate that the state may finally be making marginal progress.

As a population, however, Californians have become less concerned with the issue of homelessness. According to a recent survey conducted by the Public Policy Institute of California, 37 percent of Californians remain “very concerned” about homelessness, down from 58 percent in 2019. Another 41 percent were “somewhat concerned” according to the same survey of 1,707 people. In 2020, 20 percent of Californians said homelessness was the state’s top issue. In 2025, however, only 6 percent ranked homelessness as California’s top concern.

Nonetheless, most Californians still regularly see evidence of the homelessness crisis in their communities. More than half said they cross paths with an unhoused individual every day, and two in ten said they do so every few days.

This change in attitude comes amid several shifts in the state’s homeless policy landscape. A U.S. Supreme Court decision last year gave cities more freedom to penalize unhoused people for sleeping outside, followed by an increase in homelessness–related arrests and citations in cities across California. These shifts in policy appear to be perceived as a positive change by Californians—changes that mark homelessness as a less dominating state issue that can be resolved if the state and local jurisdictions continue to apply available methodologies designed to address and curb the homelessness crisis.

Despite this perceived progress, however, advocates for homeless programs worry that funding cuts for permanent housing and other services at both the state and federal level will undermine those wins.

Resolving homelessness in California communities has not been for lack of trying. Each city in the west end of San Bernardino County, for example, can give testimony to their respective efforts to address and cope with the crisis. Homelessness, however, has no home. It crosses all borders, and individual municipal efforts can sometimes only redistribute the problem across borders to a neighboring community until it returns— and it does always return.

It is clear, then, that an effective resolution to homelessness is not amenable to the individual efforts of separate communities, no matter how calibrated a community’s actions are or committed its resolve. Resolution can only be obtained through a regional partnership. To that end, the West–End Cities are in general agreement that homelessness can be managed; but it requires a concerted, regional effort, backed by a commitment of resources and the partnership and leadership of San Bernardino County.

MONTCLAIR CITY COUNCIL MEETING – 01/20/2026 Page 32 of 100 A Strategy for a Resolution to Homelessness.

On July 10, 2024, the West–End Cities met to discuss and establish a basis for moving forward on the issue of homelessness in the west end of San Bernardino County.

Since then, staff from the West–End Cities have met to discuss the formulation of a strategy plan encompassing five central prongs:

1. Continuum of Care;

2. Housing;

3. Funding;

4. Enforcement; and

5. Inter–agency cooperation.

Each of the above central themes is viewed as essential to achieving stability within the homeless population and securing a long–term resolution to the homelessness crisis in the west end of San Bernardino County. The commitment of the West–End Cities is to achieve success through an inter–agency MOU; and with success, the West End Cities believe this model can serve for other areas in San Bernadino County as part of a larger, collective effort to find resolution to the homeless crisis.

Of the five central prongs, the West End Cities have developed a MOU that focuses on a Continuum of Care (CoC) program that also incorporates elemental issues related to housing, funding and inter–agency cooperation.

Continuum of Care.

In addition to its function as a regional or local planning body that coordinates housing and service funding to meet the specific needs of people who are homeless, CoC also functions as a concept that aims to end homelessness and improve health outcomes for people with complex needs by relying on leadership, innovation and best practices to achieve its goals and objectives.

Except for the provision of permanent housing, CoCs are crucial to moving people living in a chronic condition of homelessness to a point of stability where they are afforded the opportunity to make incremental, if not dramatic improvements to their lives. Providing temporary housing removes the immediate condition of being unhoused; CoCs, however, provide the physical, emotional and mental stability necessary for long–term recovery and a return to being an active and productive person.

Utilizing the CoC concept, the West–End Cities, in partnership with County leadership, aim to achieve the broadest level of agreement and cooperation to address homelessness. The County of San Bernardino Office of Homeless Services, functioning as the overarching CoC for the west end, will provide coordinated and integrated services across different levels of care, from prevention to recovery, and will promote region–wide collaboration and advocacy to address the root causes and challenges of homelessness and health disparities. To help facilitate these objectives, the MOU developed by the West–End Cities and San Bernardino County proposes formation of a West End Stabilization/Navigation Center.

MONTCLAIR CITY COUNCIL MEETING – 01/20/2026 Page 33 of 100 What is a Navigation Center?
Navigation centers are temporary housing facilities that also offer a range of in– house services designed to address and stabilize a person experiencing homelessness. The name derives from the level of integrated, supportive services that allow individuals experiencing homelessness to “navigate” their way toward personal stabilization in matters related to shelter, food security, and positive medical and mental health outcomes. Navigation centers are key to providing a streamlined, supportive environment designed to help individuals transition from homelessness to stable housing by focusing on providing a safe, respectful, and resource–rich environment where individuals can access comprehensive support services.

How will the Proposed West End Navigation Center Function? The West End Navigation Center (WENC) represents a regional solution that goes beyond shelter facilities with basic services, or short–term voucher programs that provide motel room stays that are often funded through H–HAP grants. Instead, the WENC is designed to be a low–barrier, service–rich and housing–focused service hub that reduces barriers to entry, provides a stability–oriented environment, and seeks to connect clients directly to permanent or longer–term housing options.

Core features of the WENC include the following:
• 200 beds: 100 emergency shelter beds, 100 recuperative medical care beds, and a sobering center.
• 24/7 operations: Residents remain in place; stability is prioritized. • Referral–only admissions with “No Walk–Ins/No Walk–Offs”: All entries and exits are coordinated for safety and continuity.
• One–stop service model that features the following programs: Behavioral Health, Substance Use Recovery, Personal Health, Transitional Assistance, Workforce Development, and the Office of Homeless Services (OHS) for housing navigation and CoC coordination.
• Low–barrier design: Clients may bring pets, personal belongings, and partners.
• Comprehensive support: Meals, case management, benefits enrollment, transportation, and employment services.

As proposed, the West End Cities, along with the County of San Bernardino, would participate in the operation of a County–funded navigation center. • The WENC would receive homeless people from partnering agencies and unincorporated areas of San Bernardino County who need of stabilization and assistance to facilitate a return to their respective communities without the “debilitating burdens” that maintained their state of homelessness. • The WENC would not be a place for permanent housing, it will not resolve physical limitations that lead to homelessness, nor will it provide long– term comprehensive detoxification or mental health services. Instead, these conditions are addressed on a temporary basis, with long–term referrals available to external sources, including nonprofits and State– or County–established service providers.

MONTCLAIR CITY COUNCIL MEETING – 01/20/2026 Page 34 of 100 • The WENC would assist homeless people with a variety of interconnected issues including economic/debt–related concerns; domestic and sexual abuse matters; physical disabilities; pet–related concerns; clothing, food insecurity, and personal hygiene and health–related matters; job referrals/placement; and referrals for substance abuse and psychiatric disabilities.

What are the Key Components of the Proposed West End Navigation Center? • Immediate Shelter and Safety
o 24/7 accessibility.
o Low–barrier entry requirements.
o Secure and safe environment.
• Case Management and Support Services
o Individualized case management plans.
o Access to healthcare, mental health, and substance abuse services. o Employment and vocational training support.
• Housing Navigation Services
o Assistance with finding and securing permanent housing. o Support with rental applications and housing placement. o Follow–up and retention services to ensure housing stability. • Integrated Service Delivery
o Partnerships with local service providers, government agencies, and non–profits.
o On–site access to various services and resources.
o Holistic approach to address the root causes of homelessness.

What are the Key Benefits of the Proposed West End Navigation Center? • Holistic Support: Addresses the diverse needs of individuals, from basic shelter to comprehensive case management. Access to healthcare, behavioral health, and substance abuse treatment, coupled with intensive case management and benefits assistance. Includes ability to stay with pets, belongings and partners.
• Improved Outcomes: Housing navigation through Office of Homeless Services (OHS) and CoC partners increases the likelihood of individuals transitioning to permanent housing.
• Efficiency: Streamlines access to services, reducing the time individuals remain homeless.
• Community Impact: Reduces the visibility and impact of homelessness on communities by providing structured support.

MONTCLAIR CITY COUNCIL MEETING – 01/20/2026 Page 35 of 100 Will the Proposed West End Navigation Center Offer Detoxification and Mental Health Services?
The West–End Navigation Center will provide for services targeting detoxification and mental health services for unsheltered persons.

According to Psychology Today, an estimated 20 to 25 percent of the U.S. homeless population suffers from severe mental illness, compared to 6 percent of the general public. Further, the Substance Abuse and Mental Health Services Administration (SAMHSA), one of the leading federal agencies addressing the issue of housing stability for individuals with serious mental illness, along with the U.S. Department of Housing and Urban Development (HUD) and the United States Interagency Council on Homelessness (USICH), estimate that more than 26 percent of all sheltered persons who were homeless have a severe mental illness, and 34.7 percent of all sheltered adults who were homeless had chronic substance use issues. Of those who experience chronic/long–term unsheltered homelessness, approximately 30 percent have mental health conditions and 50 percent have co–occurring substance use problems.

Personal health issues related to mental health illness, substance abuse disorder and/or poor physical health make it difficult for a homeless person to achieve and maintain employment and housing stability. Assisting a homeless person with correcting or otherwise minimizing these personal health–related challenges is essential to allowing a person to escape homelessness.

The WENC can offer only limited patient stabilization services; therefore, advanced care targeting a homeless person’s specific health–related disorder(s) would be necessary through a more intensive–rich, in–patient environment. San Bernardino County’s vast network of public health–related programs, facilities and services are an essential part of a collaborative effort to end or minimize homelessness and its effects on society and communities.

People targeted for advanced care services can be assessed in the field or at the WENC prior to referral to a program targeting a homeless person’s specific health– related disorder(s).

After completion of an in–patient detoxification or mental healthcare program, the client would be treated at the WENC for additional stabilization before being returned to local transitional housing for longer–term housing placement and welfare assistance.

Will the West End Navigation Center Outperform Other Options Commonly Used Among West End Cities?
The proposed WENC concept will provide low–barrier access, stable 24/7 housing, intensive case management, integrated health and social services, and a direct pathway to permanent housing.

In contrast, other services commonly used among West End Cities, including temporary shelters and motel vouchers, offer limited services and service capacity:
• Traditional shelters often impose strict requirements (sobriety, ID, no pets/partners); require residents to leave during the day, disrupting stability; and offer limited services including minimal pathways to permanent housing or physical, substance abuse or mental health recovery. • Motel Vouchers provide short–term relief but are expensive; lack on–site services; and do not create pathways to permanent housing or physical, substance abuse or mental health recovery.

MONTCLAIR CITY COUNCIL MEETING – 01/20/2026 Page 36 of 100 • Temporary housing programs may provide limited wrap–around services but offer very limited healthcare services (including substance abuse and mental healthcare treatment) that offer stability and recovery. Instead, recovery– related services are generally based on referrals, without commitment by the patient, and without monitoring by the service–provider.

What Benefits Will Communities Derive from their Participation in the West End Navigation Center?
• Reduction in community encampments.
• Improved public safety and community well–being.
• Shared infrastructure lowers costs for each participating agency. • Leverages County, state, and healthcare resources for maximum impact.

How Will the West End Navigation Center be Financially Structured? • Initial Investment. San Bernardino County will make an initial $20 million capital investment to acquire a facility and make necessary tenant improvements. The selected facility is in the City of Fontana. • Operating Reserve: San Bernardino County will establish a $5 million Capitalized Operating Subsidy Reserve (COSR).
• Annual Operations: A $3 million annual operations budget will be shared by San Bernardino County and participating member agencies based on a formula that takes into consideration population size and the 2024 Point–in–Time Count (PITC) for San Bernardino County and participating jurisdictions. Based on present formula allocations, member jurisdictions will be responsible for the following annual payments, plus Consumer Price Index (CPI) adjustments annually, up to 5 percent:
▪ Chino – $200,000
▪ Chino Hills – $200,000
▪ Fontana – $1 million
▪ Montclair – $250,000 – Montclair and San Bernardino County have agreed to terms, as outlined in Agreement No. 26–02, that alter the City’s annual contribution as follows:
(i) Montclair – Montclair’s annual contribution would be $100,000, plus an annual CPI adjustment on the City’s
contribution portion.
(ii) San Bernardino County – the San Bernardino County Office of Homeless Services would offset Montclair’s $250,000
annual contribution with a $150,000 annual Community
Development Block Grant (CDBG) offset, plus an annual
CPI adjustment on the offset portion.
▪ Ontario – $100,000 (Ontario is not a full partner agency, and has no bed reserve capacity)
▪ Rancho Cucamonga – $300,000
▪ Rialto – $250,000
MONTCLAIR CITY COUNCIL MEETING – 01/20/2026 Page 37 of 100 ▪ Upland – $250,000
▪ San Bernardino County – $450,000
Partnering agencies are required to remain under agreement with the WENC for a minimum ten–year period. An agency can leave at the beginning of the ninth year, with a one–year advance notice; however, the departing agency would still be required to make its year ten contribution, plus CPI. • Bi–Annual Review of Agency Contributions: Contribution levels will be evaluated every two years and adjusted for population and PITC changes and available grant funding.

What is the Timeline for Startup of the West End Navigation Center? • Property Acquisition. A facility in Fontana, located at 11109 Jasmine Street, has been acquired and is currently in architectural design. • Construction. Tenant improvements are projected to require nine to twelve months to complete.
• WENC Opening Date. The WENC is projected to open and begin service operations on or about January 2026.

Is there a Return on Investment (ROI) in relation to starting up, operating and investing in the West End Navigation Center?
• The County has committed $25 million in capital and reserves, reducing local upfront costs to build out and start–up the WENC.
• Regional cost–sharing for startup and operation of the WENC insures lower per–resident costs, vis–a–vis standalone facilities operated by each agency. • Co–located services for referral of homeless persons will reduce high public costs for other services, e.g., WENC–provided services are expected to reduce regional and local demand for emergency room use, incarceration, and encampment cleanups.
• Every local dollar invested in the WENC leverages County, state, and healthcare system resources, multiplying its impacts.

What are the key components of the West End Navigation Center Memorandum of Understanding?
• Scope of Services.
o The WENC will operate as a low–barrier, referral–only navigation center accessible to homeless individuals, with managed access protocols designed to ensure safety and security for all participants, open 24 hours per day, each day of the year. Walk–ins will not be accepted. Upon discharge, voluntary or involuntary, the WENC will coordinate housing placement or provide return transportation to the originating city. Those clients deemed violent or dangerous will require coordination with appropriate agencies. The WENC will accommodate each client’s personal belongings and any pets, partners and/or children, within operational capacity. Entry will be minimal and case managers will provide individualized assessments and service plans.

MONTCLAIR CITY COUNCIL MEETING – 01/20/2026 Page 38 of 100 ▪ Admission Process. No walk–ins. Clients must be referred through a participating agency, law enforcement or an approved healthcare provider, and transported by an approved outreach entity. All clients must acknowledge and agree in writing with the WENC’s operational requirements. Waivers releasing and absolving the Parties (County and Cities) of all liabilities shall be completed by clients prior to admission. A bed reservation system shall ensure efficient placement of referred individuals and families. Beds must be secured prior to transport and will be reserved for up to 24 hours from confirmation time. Families will be provided with separate housing at the WENC, and a family group does not fully count against the overall total number of beds available to a participating agency.
▪ Resident Movement. Clients may leave the WENC for activities supporting their housing stability and personal well–being, e.g., healthcare appointments, employment opportunities, educational programs, family reunification, faith–related activities and other case plan objectives, subject to coordination with WENC staff.

Transportation is available.
▪ Discharge and Transport. For voluntary or non–compliance discharge, the WENC will coordinate alternative housing placement if possible or, if not available, arrange transportation back to the city of origin. The discharge of clients deemed violent or dangerous will be coordinated with appropriate agencies, e.g. law enforcement, behavioral services, and/or parole/probation. Transportation to and from the WENC shall be coordinated by the referring agency. o Core programs will include:
▪ Emergency Shelter Services. Services shall include congregate (gathered in a crowd) and non–congregate (individual) shelter accommodations. Other services include meals, hygiene and laundry facilities, intensive case management, housing navigation, access to public benefits, life skills development, transportation assistance, and coordination with the Coordinated Entry System (CES)—CES is a system designed to assist providers with connecting people who are vulnerable to housing resources and other solutions as quickly as possible.
▪ Recuperative Care Services. Addresses the critical gap between hospital discharge and safe housing for homeless people who require continued medical recovery that is not at the acute hospital– level of care. The WENC will provide temporary housing, basic medical oversight, medication management, wound care, daily living activities assistance, case management and care coordination with the goal of supporting complete medical recovery and transition to longer–term housing.
▪ Sober Center Services. Monitored space for clients under the influence of alcohol or other substances who do not require hospitalization. Services include medical monitoring, crisis intervention, substance use disorder referrals and coordination with law enforcement and emergency services.

MONTCLAIR CITY COUNCIL MEETING – 01/20/2026 Page 39 of 100 o Food Services. A commercial kitchen will prepare up to 600 meals daily, accommodating dietary needs and complying with food safety protocols. o Referral Policies. Participating agencies will adopt comprehensive policies and protocols for referral of unhoused people in compliance with referral standards established by the County and Continuum of Care’s Coordinated Entry System (CES), subject to review and approval by the Operations Committee.
• Eligibility Criteria for Clients. Individual clients must meet established eligibility criteria for each program component.
• Services. The WENC will provide comprehensive in–house services, case management, medical oversight, and coordinated service delivery. • Rights and Responsibilities of Parties. The MOU defines the rights and responsibilities of the Parties with respect to the establishment, funding, and operation of the WENC for homeless persons as defined by the U.S. Department of Housing and Urban Development (HUD) and the State of California, including for individual adults (persons 18–years of age or older), individual adults (parent or guardian) with children, and families (married or unmarried adult partners with children) experiencing homelessness within each referring Party’s respective jurisdiction.
• Effective Date/Renewal of MOU. The MOU is effective upon the Effective Date (when all Parties have executed the MOU) and shall remain in force for ten years unless terminated earlier by mutual consent of all the Parties. Thereafter, the MOU shall automatically renew for one additional five–year term unless a Party provides written notice of non–renewal to all other Parties at least ninety days prior to expiration of the initial term. The Parties may agree to a different renewal term.

After the Initial Term and Extension, the Parties may negotiate for consecutive one–year extensions.
• MOU Withdrawal. A Party may withdraw from the MOU beginning in the ninth year after the Effective Date by providing twelve months advance written notice to all Parties; however, the withdrawing Party must continue all obligations, including termination fees (equal to the unpaid portion of the ten–year term commitment as calculated from the effective date of termination through the end of the Term) through the effective date of withdrawal, payable not later than six months before the effective date of termination.
• County Responsibilities.
o Acquisition, start–up and operation of the WENC, located at 11109 Jasmine Street, Fontana.
o Selection of vendor to operate the WENC, and vendor oversight. o Mission oversight for successful achievement of the WENC mission, i.e., to serve the unhoused population and achieve short– and long–term reduction in the unhoused population in the west end of San Bernardino County.
o Oversee service outcomes for sheltering, care and treatment of clients. o All Parties shall maintain appropriate policies of insurance—may include self–insured or partially self–insured policies through respective participating agency programs of self–insurance and insurance.

MONTCLAIR CITY COUNCIL MEETING – 01/20/2026 Page 40 of 100 o The County Party shall indemnify City Parties, and the City Parties shall indemnify the County Party.
o Obtain and maintain all necessary licenses, certifications and permits, and shall ensure vendors obtain and maintain necessary licenses, certificates and permits.
o Maintain complete and accurate records with respect to (i) all services and programs performed at the WENC and (ii) all costs and expenses incurred pursuant to the MOU; and ensure all vendor(s) records are always maintained and are complete and accurate.
o Annually conduct a financial audit of the WENC’s selected operator’s financial records.
o Establish an Oversight Committee comprised of one leadership representative from each Party (Elected official, City Manager, Executive Officer) to provide high–level oversight of the MOU and ensure effective delivery of the Mission—each Party shall make their appointment within thirty days of the Effective Date.
o Establish an Operations Committee comprised of one representative from each Party with technical knowledge of homeless and/or housing issues to provide guidance on policy matters, regional collaboration efforts and referral processes, and review statistical performance reports and make recommendations to the Oversight Committee regarding operational improvements, policy adjustments, and program effectiveness and measures—appointed within thirty days of the Effective Date. • City Responsibilities:
o Agree to pro rata share of costs related to WENC management. o Agree to bed allocation based on pro rata share as follows:
▪ $200,000 – 5 beds
▪ $250,000 – 7 beds
▪ $300,000 – 10 beds
▪ Balance of general beds allocated equally between County and Fontana
▪ Additional bed capacity may be purchased at a rate of $125.00 per bed per night, invoiced monthly.
o Annual contributions made by the City Parties are payable to the County prior to each operational year in semi–annual amounts or an annual lump sum payment, at the election of each Party. The contribution shall be adjusted in July of each fiscal year based on the preceding January Consumer Price Index (CPI) for All Urban Consumers for Riverside–San Bernardino–Ontario, not to exceed 5 percent annually.

Following the second year of operation of the WENC, the prorated payment allocations for subsequent operational years may be adjusted in accordance with updated PITC numbers. Grant funds, if any, used to reduce the net operating cost of the WENC may be used to readjust the annual pro rata contributions by the City Parties to reflect reduced costs, applied proportionately based on each City Party’s contribution level.

MONTCLAIR CITY COUNCIL MEETING – 01/20/2026 Page 41 of 100 City Parties are not responsible for any costs associated with establishment, management and operation of the WENC and the provision of services in excess of the annual contribution amounts.

FISCAL IMPACT: Montclair and San Bernardino County have agreed to terms, as provided for in Agreement No. 26–02, that alter the City’s annual contribution as follows:
• Montclair – Montclair’s annual contribution would be $100,000, plus annual CPI adjustment on the City’s contribution portion.
• San Bernardino County – San Bernardino County Office of Homeless Services would offset Montclair’s $250,000 annual contribution with a $150,000 annual Community Development Block Grant (CDBG) offset, plus annual CPI adjustment on the offset portion.

If both Agreement Nos. 26–01 and 26–02 are approved, Montclair’s first payment to San Bernardino County for membership in the WENC would be due on or about July 2026.

Funding for membership in the WENC will be included in the Fiscal Year 2026–27 Preliminary Budget and will be drawn from the General Fund, inclusive of the Homeless Advocacy Fund in the Special Purpose Reserve Funds. City staff will also explore grant opportunities to offset participation costs in the WENC, including future application for Homeless Housing, Assistance and Prevention (HHAP) grants.

RECOMMENDATION: City staff recommend the City Council take the following actions:

1. Approve Agreement No. 26–01, a Memorandum of Understanding with the County of San Bernardino for participation in, and operation of, a proposed regional West End Navigation Center (WENC) serving the west end communities of San Bernardino County, subject to any revisions deemed necessary by the City Attorney;

2. Approve Agreement No. 26–02, a Memorandum of Understanding with the County of San Bernardino for funding terms and conditions for the City of Montclair’s participation in WENC, subject to any revisions deemed necessary by the City Attorney;

3. Authorize City Manager Starr to execute Agreement Nos. 26–01 and 26–02 and all other documents related to participation in and operation of WENC;

4. Appoint Mayor Dutrey to serve on the WENC Oversight Committee; and

5. Appoint Community Development Director Diaz to serve on the WENC Operations Committee.

MONTCLAIR CITY COUNCIL MEETING – 01/20/2026 Page 42 of 100

CITY COUNCIL

AGENDA REPORT
DATE: JANUARY 20, 2026
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 2
FILE I.D.: HSV070, ATH215, 218, 020
DEPT.: HUMAN SVCS.

PREPARER: F. SALTOS
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NOS. 26–03, 26–04, AND 26–05 WITH

MONTCLAIR LITTLE LEAGUE AND GOLDEN GIRLS SOFTBALL LEAGUE FOR USE OF

BALL FIELD FACILITIES, SUBJECT TO ANY REVISIONS DEEMED NECESSARY BY THE

CITY ATTORNEY
REASON FOR CONSIDERATION: Montclair Little League (MLL) and Golden Girls Softball (GGSL) League (the Leagues) have requested the use of City facilities for their spring sports activities. The City Council is requested to consider Agreement Nos. 26–03, 26– 04, and 26–05 with the Leagues for use of ball field facilities, subject to any revisions deemed necessary by the City Attorney. Copies of the proposed agreements are attached for City Council review and consideration.

BACKGROUND: Pursuant to Agreement Nos. 26–03 and 26–04, Montclair Little League is requesting the use of the two southern and two northern fields at Saratoga Park and the southern field at Kingsley Park on weekdays and Saturdays for its baseball activities.

Pursuant to Agreement No. 26–05, Golden Girls Softball League would use the two fields at Vernon Park for its softball activities on weekdays and Saturdays. Sunday field use by all leagues is not permitted.

The Leagues have each requested the use of lights for activities that may be conducted after dark. The cost of electrical services associated with such lighting and alarm fees will be covered by the City. In addition, the City of Montclair will have Public Works custodians clean the restrooms. The Leagues are responsible for providing a deposit of $300 as a potential cleaning fee if needed during the contract period.

FISCAL IMPACT: Approval of the proposed agreements would result in a cost to the City of approximately $13,000 in lighting and alarm fees and $6,200 in restroom cleaning fees through Public Works Department, for a total of $19,200. Normal maintenance costs for the fields are incorporated in the Fiscal Year 2025–26 Budget. The terms of proposed Agreement Nos. 26–03, 26–04, and 26–05 with Montclair Little League and Golden Girls Softball League are from January 21, 2026, through August 31, 2026.

RECOMMENDATION: Staff recommends the City Council approve Agreement Nos. 26–03, 26–04, and 26–05 with Montclair Little League and Golden Girls Softball League for use of ball field facilities, subject to any revisions deemed necessary by the City Attorney.

MONTCLAIR CITY COUNCIL MEETING – 01/20/2026 Page 43 of 100 1 of 7
AGREEMENT NO. 26–03

WITH MONTCLAIR LITTLE LEAGUE

FOR USE OF SARATOGA PARK
THIS AGREEMENT is made and entered into by and between the City of Montclair, hereinafter called "CITY," and Montclair Little League, hereinafter called "LEAGUE." This Agreement is contingent upon the LEAGUE fulfilling its prior contract's financial obligations and paying any and all outstanding invoices owed to the CITY. Use of any and all facilities listed herein may not be used until all fees have been paid.

WITNESSETH:

WHEREAS, CITY presently has baseball fields in Saratoga Park (two northern and two southern fields) generally located at the southwest corner of Vernon Avenue and Kingsley Street, Montclair, California, and
WHEREAS, said Park has been developed to provide areas for youth sports, on which premises LEAGUE desires to use for Little League baseball (including the Challenger Division for children with disabilities) practices and games at such times and hours set forth in Section 1(aa). The term of this Agreement is for January 21, 2026 through August 31, 2026.

SECTION 1: LEAGUE hereby agrees as follows:
a. Provide CITY a list of all your participants and coaches. All must sign CITY approved waiver and submit to CITY liaison prior to participating. b. Not to use the premises for any other purpose, except as above indicated.

Opening and closing ceremonies will be permitted. Any other events or clinics will require written notice one month in advance for approval. The League shall not hold special events which conflict with City sponsored community special events.
c. Not to sublet the field.
d. Not to make any improvements or alterations or mow grass on said premises.
e. Not to charge for parking of vehicles in the parking lots located within CITY facilities and not to park in the fields or walkways.
f. Not to erect any barriers or fences of any kind unless approved by CITY. g. Not to use herbicides at the park for any purpose.

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h. Not to disconnect or make changes to existing phone line account. i. Not to allow hitting balls into the chain link fences for batting practice. j. To provide the CITY with a written list of all items to be stored in park buildings. No items should be stored in restroom facilities, except restroom supplies. Any items found to be stored in buildings without prior written authorization from the CITY will be removed by city crews with or without prior notice to LEAGUE. Any cost incurred by the CITY by removing, storing, or disposal of said property shall be the responsibility of LEAGUE. k. To provide a special parking area for participants in the Challenger Division, at the times of their games, by cordoning off the southeast portion of the parking lot; to provide the equipment and personnel needed to set up the special parking area; to see that all equipment is removed and properly stored after each use; to provide personnel to monitor the cordoned off area during its use.
l. CITY to maintain restroom facilities and CITY to furnish all supplies for each well–maintained restroom. LEAGUE to police the entire premises after each day's use and dispose of all paper, trash, and other debris in the dumpster that may have accumulated and leave the premises in a condition deemed acceptable to CITY. This work shall be completed within two hours after an activity has ended. If the premises are not maintained as stated a contracted cleaning agency will be hired by the CITY and the LEAGUE will be responsible for all fees related to the service.
m. To maintain all equipment and appliances within the snack bar and snack bar building at all times. To clean all sinks, grills, screens, exhaust hoods, mop all floors and clean countertops and utensils after each day’s use and leave the snack bar in a condition deemed acceptable to CITY. The snack bar area should not be used for storage of any materials not pertaining to food items used for snack bar operations.
n. To ensure when a barbecue is used (a permit is required to be obtained by Department of Public Health), it is set up a minimum of ten feet away from any structure and LEAGUE must provide one fire extinguisher for each barbecue being used. All safety and health regulations set forth by the County of San Bernardino Department of Public Health must be followed.

LEAGUE must also ensure that a drip pan be used and ensure barbecue has completely cooled down before returning to storage in any CITY structure. o. To deposit, with the CITY representative, the sum of Three Hundred Dollars ($300) as a refundable cleaning deposit to ensure the proper care and cleanup of the snack bar, restrooms, meeting areas, towers, and equipment therein. At the end of the playing season, an inspection shall be conducted by CITY and LEAGUE representatives to ensure that all areas and CITY– owned equipment have been properly cared for, maintained and cleaned. All non–CITY–owned equipment, with exception of refrigerators, freezers, and ice machines shall be removed from snack bar areas. Refrigerators, freezers, MONTCLAIR CITY COUNCIL MEETING – 01/20/2026 Page 45 of 100 AGREEMENT NO. 26–03
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and ice machines owned by LEAGUE shall be cleaned out, doors left open, and electrical turned off. Any food items left in the refrigerators and/or freezers will be discarded by the CITY. Ice machines owned by CITY shall be cleaned out, serviced, and maintained by CITY.
p. To conform to all safety and health regulations set forth by the County of San Bernardino Department of Public Health and register your snack bar as Pre–packaged. Maintain all CITY–installed facilities and equipment in their original condition. Failure to comply with these requirements will result in a breach of this Agreement and the loss of the use of the premises. q. To follow proper call–out procedures in an emergency (an urgent need for assistance or some type of immediate action) by using only telephone numbers issued for this purpose. A Contact List containing the emergency telephone numbers is attached.
r. LEAGUE agrees to assist CITY in keeping order in the park area and to provide responsible supervision as may be necessary to prevent vandalism or malicious mischief to the property including for graffiti removal on buildings within 24 hours of notification, contact Graffiti Abatement Hotline at (909) 625–9429 and report vandalism immediately to the Public Works Department at (909) 625–9480. LEAGUE will not attempt to remove Graffiti or make repairs to building. LEAGUE shall furnish and supply personnel to conduct and supervise LEAGUE activities on the premises. s. If LEAGUE elects to use lights for activities conducted after dark, the CITY will provide electrical services associated with lights at no charge to the LEAGUE.
t. To deposit, with the CITY representative, the sum of Five Hundred Dollars ($500) as a security deposit, to ensure the proper and prompt payment of any incurred damages to facilities associated with the LEAGUE. In the event all potential damages are paid by the end of this Agreement term, the deposit will be refunded.
u. To provide the CITY representative with a list of the Board of Directors, including names, addresses, and telephone numbers.
v. To provide CITY with participant rosters, practice and game schedules.

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y. This Agreement is subject to the terms and conditions of any master lease CITY may have with another public agency, of which LEAGUE had knowledge. aa. It is agreed that LEAGUE may use said baseball fields from January 21, 2026 through August 31, 2026, Mondays through Fridays generally commencing at 4:00 p.m. and Saturdays, generally commencing at 8:00 a.m. No games or activities will be conducted past 9:45 p.m.
bb. PUBLIC LIABILITY AND PROPERTY DAMAGE: Throughout the term of this Agreement, at LEAGUE's sole cost and expense, LEAGUE shall keep, or cause to be kept, in full force and effect, for the mutual benefit of CITY and LEAGUE, comprehensive, broad form, general public liability insurance against claims and liabilities for personal injury, death, or property providing proof of at least One Million Dollars ($1,000,000) for bodily injury or death to any one person or for any one accident or occurrence, and at least Three Hundred Thousand Dollars ($300,000) for property damage. All insurance required by this Agreement shall be carried only by responsible insurance companies duly admitted to transact business in the State of California and shall name as additional insured the CITY, its elected officials, officers, employees, and agents. All policies shall contain language, to the extent obtainable, to the effect that (1) the insurer and the insured waive the right of subrogation against CITY and CITY's elected officials, officers, employees, and agents; (2) the policies are primary and non contributing with any insurance that may be carried by CITY; and (3) they cannot be canceled or materially changed except after thirty (30) days' notice, in writing, by the insurer to CITY by certified mail. LEAGUE shall furnish CITY with copies of such policies promptly upon receipt of them or certificate(s) evidencing the insurance.
cc. INDEMNIFICATION: LEAGUE shall defend, indemnify and save harmless CITY, its elected and appointed officials, officers, agents, and employees from all liability from loss, damage, or injury to persons or property including the payment by LEAGUE of any and all legal costs and attorneys' fees in any manner arising out of any negligent or intentional or willful acts or omissions of the LEAGUE in the activities, use, or occupancy of the PREMISES including, but not limited to, all consequential damages to the maximum extent permitted by law.
dd. It is understood and agreed that there is no relationship of employer– employee for Workers' Compensation purposes between CITY and any person connected with the LEAGUE, unless such person is otherwise regularly employed by and conducting official business of CITY. ee. To conduct all operations in compliance with the Americans with Disabilities Act.
ff. LEAGUE shall provide CITY with at least two (2) weeks' notice for room reservations for use of CITY facilities for LEAGUE meetings.

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gg. LEAGUE may place banners up on weekdays and Saturdays, but they must be removed by the close of Saturday each week. Banners are not allowed to stay up on Sundays. Banners must be no greater than 3 feet by 5 feet.

Banners will be attached to outfield chain link fence using clip on rings.

Banner clearance from turf is a minimum of 2 inches. The City will determine if a banner is past its useful life due to sun fade, rips, graffiti, etc., and will notify LEAGUE of said issue. LEAGUE will have 24 hours to remove said banner. The CITY has the right to remove and dispose of any banner that is not displayed following the above mentioned procedures. hh. LEAGUE may place shade cloth as necessary to dug outs on weekdays and Saturdays, but they must be removed by the close of Saturday each week.

Shade cloth is not allowed to stay up on Sundays. Shade cloth must be no greater than what may be required to provide adequate coverage over dug outs. Shade cloth will be attached to dug out structure using clip on rings.

The City will determine if a shade cloth is past its useful life due to sun fade, rips, graffiti, etc. and will notify LEAGUE of said issue. LEAGUE will have 24 hours to remove said shade cloth. The CITY has the right to remove and dispose of any shade cloth that is not displayed following the above mentioned procedures. If LEAGUE does not remove or replace shade cloth as requested by CITY within 24 hours, CITY may prohibit use of fields and snack bar facilities to LEAGUE until request has been met. ii. Locks are issued by the City to secure areas of the park and have access to those areas such as snack bar shutters for maintenance. If locks are needed to replace a lost or damaged lock contact the City immediately. The League at no time shall use personal locks to secure any area. If a personal lock is found the League will be notified and will have 24 hours to remove it. If not removed the City will remove it by any means necessary and the City will not be held responsible for the League’s lock.

SECTION 2: CITY hereby agrees as follows:
a. To maintain the periphery of the premises, including shrubs and trees, and mow all grass on a year–round basis.
b. To pay for all water used on premises.
c. To have full control over watering the entire premises. LEAGUE shall not adjust or readjust or otherwise change the sprinkler system or water control facilities.
d. To provide emergency call–out telephone numbers for use by LEAGUE. A Contact List containing the emergency telephone numbers is attached. e. To provide to LEAGUE, inventory list of equipment in snack bar and meeting areas; to provide inspection of those areas and equipment at the end of the agreement period.
f. Upon approval of the Director of Human Services, LEAGUE's cleaning deposit shall rollover any unused monies into the next Agreement.

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g. To designate a CITY representative to work with LEAGUE on all non– maintenance issues relating to the use of CITY facilities. h. To provide alarm service at no charge to LEAGUE.

NOW, THEREFORE, if any terms of this Agreement are not complied with, the Agreement will become null and void and the LEAGUE will be refused use of CITY facilities. The CITY may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the LEAGUE at least ten (10) days prior written notice.

APPROVED AND ADOPTED this 20th day of January 2026.

LEAGUE: CITY:

MONTCLAIR LITTLE LEAGUE CITY OF MONTCLAIR
President Javier John Dutrey
Mayor
Secretary
ATTEST:

Andrea M. Myrick
Executive City Clerk
MONTCLAIR CITY COUNCIL MEETING – 01/20/2026 Page 49 of 100 AGREEMENT NO. 26–03
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CITY OF MONTCLAIR

CONTACT LIST FOR SPORTS LEAGUES
JANUARY 2026
Reason for
Contact Authority Contact TelephoneNumber
After–Hours/
Emergency
Montclair Police
Department Dispatch (909) 621–47719–1–1 (Emergency)
Sports League
Administration
City’s Sports League
Liaison
Fernando
Saltos (909) 625–9496
Building
Maintenance
Pub. Works
Facilities/Maint. Asst.

Manager
Mathew
Paradis
(909) 625–9443
Cell: (909) 721–1860
Grounds
Maintenance
Public Works
Operations Asst.

Manager
Alex
Cardona
(909) 625–9467
Cell: (909) 762–1372
Vandalism Public Works
Department (909) 625–9480
Graffiti
Removal
Graffiti Abatement
Hotline (909) 625–9429
MONTCLAIR CITY COUNCIL MEETING – 01/20/2026 Page 50 of 100 1 of 7
AGREEMENT NO. 26–04

WITH MONTCLAIR LITTLE LEAGUE

FOR USE OF KINGSLEY PARK
THIS AGREEMENT is made and entered into by and between the City of Montclair, hereinafter called "CITY," and Montclair Little League, hereinafter called "LEAGUE." This Agreement is contingent upon the LEAGUE fulfilling its prior contract's financial obligations and paying any and all outstanding invoices owed to the CITY. Use of any and all facilities listed herein may not be used until all fees have been paid.

WITNESSETH:

WHEREAS, CITY presently has a baseball field generally located at the northwest end of Kingsley Elementary School at Benson Avenue and Kingsley Street, Montclair, California, and
WHEREAS, said Park has been developed to provide areas for youth sports, on which premises LEAGUE desires to use for Junior/Senior Little League baseball practices and games at such times and hours set forth in Section 1(y). The term of this Agreement is for January 21, 2026 through August 31, 2026.

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h. Not to disconnect or make changes to existing phone line account. i. Not to allow hitting balls into the chain link fences for batting practice. j. To provide the CITY with a written list of all items to be stored in park buildings. No items should be stored in rest room facilities, except rest room supplies. Any items found to be stored in buildings without prior written authorization from the CITY will be removed by city crews with or without prior notice to LEAGUE. Any cost incurred by the CITY by removing, storing, or disposal of said property shall be the responsibility of LEAGUE. k. CITY to maintain restroom facilities and CITY to furnish all supplies for each well–maintained restroom. LEAGUE to police the entire premises after each day's use and dispose of all paper, trash, and other debris in the dumpster that may have accumulated and leave the premises in a condition deemed acceptable to CITY. This work shall be completed within two hours after an activity has ended. If the premises are not maintained as stated a contracted cleaning agency will be hired by the CITY and the LEAGUE will be responsible for all fees related to the service.
l. To maintain all equipment and appliances within the snack bar and snack bar building at all times. To clean all sinks, grills, screens, exhaust hoods, mop all floors and clean countertops and utensils after each day’s use and leave the snack bar in a condition deemed acceptable to CITY. The snack bar area should not be used for storage of any materials not pertaining to food items used for snack bar operations.
m. To ensure when a barbecue is used (a permit is required to be obtained by Department of Public Health), it is set up a minimum of ten feet away from any structure and LEAGUE must provide one fire extinguisher for each barbecue being used. All safety and health regulations set forth by the County of San Bernardino Department of Public Health must be followed.

LEAGUE must also ensure that a drip pan be used and ensure barbecue has completely cooled down before returning to storage in any CITY structure. n. To deposit, with the CITY representative, the sum of Three Hundred Dollars ($300) as a refundable cleaning deposit to ensure the proper care and cleanup of the snack bar, restrooms, meeting areas, towers, and equipment therein. At the end of the playing season, an inspection shall be conducted by CITY and LEAGUE representatives to ensure that all areas and CITY– owned equipment have been properly cared for, maintained and cleaned. All non–CITY–owned equipment, with exception of refrigerators, freezers, and ice machines shall be removed from snack bar areas. Refrigerators, freezers, and ice machines owned by LEAGUE shall be cleaned out, doors left open, and electrical turned off. Any food items left in the refrigerators and/or freezers will be discarded by the CITY. Ice machines owned by CITY shall be cleaned out, serviced, and maintained by CITY.
o. To conform to all safety and health regulations set forth by the County of San Bernardino Department of Public Health and register your snack bar as MONTCLAIR CITY COUNCIL MEETING – 01/20/2026 Page 52 of 100 AGREEMENT NO. 26–04
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Pre–packaged. Maintain all CITY–installed facilities and equipment in their original condition. Failure to comply with these requirements will result in a breach of this Agreement and the loss of the use of the premises. p. To follow proper call–out procedures in an emergency (an urgent need for assistance or some type of immediate action) by using only telephone numbers issued for this purpose. A Contact List containing the emergency telephone numbers is attached.
q. LEAGUE agrees to assist CITY in keeping order in the park area and to provide responsible supervision as may be necessary to prevent vandalism or malicious mischief to the property including for graffiti removal on buildings within 24 hours of notification, contact Graffiti Abatement Hotline at (909) 625–9429 and report vandalism immediately to the Public Works Department at (909) 625–9480. LEAGUE will not attempt to remove Graffiti or make repairs to building. LEAGUE shall furnish and supply personnel to conduct and supervise LEAGUE activities on the premises. r. If LEAGUE elects to use lights for activities conducted after dark, the CITY will provide electrical services associated with lights at no charge to the LEAGUE.
s. To deposit, with the CITY representative, the sum of Five Hundred Dollars ($500) as a security deposit, to ensure the proper and prompt payment of any incurred damages to facilities associated with the LEAGUE. In the event all potential damages are paid by the end of this Agreement term, the deposit will be refunded.
t. To provide the CITY representative with a list of the Board of Directors including names, addresses, and telephone numbers.
u. To provide CITY with participant rosters, practice and game schedules.

Fields will be allocated to the League accordingly. The City reserves the right to allocate any field not in use by the League. Also, sixty percent of league participants must live in Montclair and provide verification such as registration forms.
v. To provide CITY with financial statements upon request for audit purposes. w. To designate one individual as the LEAGUE's representative to work with the CITY's representative.
x. This Agreement is subject to the terms and conditions of any master lease CITY may have with another public agency of which LEAGUE had knowledge. y. It is agreed that LEAGUE may use said baseball fields from January 21, 2026 through August 31, 2026, Mondays through Fridays generally commencing at 4:00 p.m. and Saturdays generally commencing at 8:00 a.m.. No games or activities will be conducted past 9:45 p.m.

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z. PUBLIC LIABILITY AND PROPERTY DAMAGE: Throughout the term of this Agreement, at LEAGUE's sole cost and expense, LEAGUE shall keep, or cause to be kept in full force and effect for the mutual benefit of CITY and LEAGUE comprehensive, broad form, general public liability insurance against claims and liabilities for personal injury, death, or property providing proof of at least One Million Dollars ($1,000,000) for bodily injury or death to any one person or for any one accident or occurrence and at least Three Hundred Thousand Dollars ($300,000) for property damage. All insurance required by this Agreement shall be carried only by responsible insurance companies duly admitted to transact business in the State of California and shall name as additional insured the CITY, its elected officials, officers, employees, and agents. All policies shall contain language, to the extent obtainable, to the effect that (1) the insurer and the insured waive the right of subrogation against CITY and CITY's elected officials, officers, employees, and agents; (2) the policies are primary and noncontributing with any insurance that may be carried by CITY; and (3) they cannot be canceled or materially changed except after thirty (30) days' notice in writing by the insurer to CITY by certified mail. LEAGUE shall furnish CITY with copies of such policies promptly upon receipt of them, or certificate(s) evidencing the insurance. aa. INDEMNIFICATION: LEAGUE shall defend, indemnify, and save harmless CITY, its elected and appointed officials, officers, agents, and employees from all liability from loss, damage, or injury to persons or property including the payment by LEAGUE of any and all legal costs and attorneys' fees in any manner arising out of any negligent or intentional or willful acts or omissions of the LEAGUE in the activities, use, or occupancy of the PREMISES including, but not limited to, all consequential damages to the maximum extent permitted by law.
bb. It is understood and agreed that there is no relationship of employer– employee for Workers' Compensation purposes between CITY and any person connected with the LEAGUE, unless such person is otherwise regularly employed by and conducting official business of CITY. cc. To conduct all operations in compliance with the Americans with Disabilities Act.
dd. LEAGUE shall provide CITY with at least two (2) weeks' notice for room reservations for use of CITY facilities for LEAGUE meetings. ee. LEAGUE may place banners up on weekdays and Saturdays, but they must be removed by the close of Saturday each week. Banners are not allowed to stay up on Sundays. Banners must be no greater than 3’X 5’. Banners will be attached to outfield chain link fence using clip on rings. Banner clearance from turf is a minimum of 2”. The City will determine if a banner is past its useful life due to sun fade, rips, graffiti, etc. and will notify LEAGUE of said issue. LEAGUE will have 24 hours to remove said banner. The CITY has the right to remove and dispose of any banner that is not displayed following the above mentioned procedures.

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ff. LEAGUE may place shade cloth as necessary to dug outs on weekdays and Saturdays, but they must be removed by the close of Saturday each week.

The City will determine if a shade cloth is past its useful life due to sun fade, rips, graffiti, etc. and will notify LEAGUE of said issue. LEAGUE will have 24 hours to remove said shade cloth. The CITY has the right to remove and dispose of any shade cloth that is not displayed following the above mentioned procedures. If LEAGUE does not remove or replace shade cloth as requested by CITY within 24 hours, CITY may prohibit use of fields and snack bar facilities to LEAGUE until request has been met. gg. Locks are issued by the City to secure areas of the park and have access to those areas such as snack bar shutters for maintenance. If locks are needed to replace a lost or damaged lock contact the City immediately. The League at no time shall use personal locks to secure any area. If a personal lock is found the League will be notified and will have 24 hours to remove it. If not removed the City will remove it by any means necessary and the City will not be held responsible for the League’s lock.

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NOW, THEREFORE, if any terms of this Agreement are not complied with, the Agreement will become null and void and the LEAGUE will be refused use of CITY facilities. The CITY may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the LEAGUE at least ten (10) days prior written notice.

APPROVED AND ADOPTED this 20th day of January 2026
LEAGUE: CITY:

MONTCLAIR LITTLE LEAGUE CITY OF MONTCLAIR
President Javier John Dutrey
Mayor
Secretary
ATTEST:

Andrea M. Myrick
Executive City Clerk
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CITY OF MONTCLAIR

Manager
Mathew
Paradis
(909) 625–9443
Cell: (909) 721–1860
Grounds
Maintenance
Public Works
Operations Asst.

WITH MONTCLAIR GOLDEN GIRLS SOFTBALL LEAGUE

FOR USE OF VERNON PARK
THIS AGREEMENT is made and entered into by and between the City of Montclair, hereinafter called "CITY," and Montclair Little League, hereinafter called "LEAGUE." This Agreement is contingent upon the LEAGUE fulfilling its prior contract's financial obligations and paying any and all outstanding invoices owed to the CITY. Use of any and all facilities listed herein may not be used until all fees have been paid.

WITNESSETH:

WHEREAS, CITY presently has softball fields (the east and west fields) generally located at the southeast corner of the Vernon Junior High School complex, south of the corner of Benson Avenue and San Bernardino Street, Montclair, California; and WHEREAS, said Park has been developed to provide areas for youth sports, on which premises LEAGUE desires to use for girls softball practices and games at such times and hours set forth in Section 1(y). The term of this Agreement is for January 21, 2026 through August 31, 2026.

Opening and closing ceremonies will be permitted. Any other events or clinics will require written notice one month in advance for approval. The League shall not hold special events which conflict with City sponsored community special events.
c. Not to permit practice sessions in the southeast quadrant of the field; to provide specific written notice to each coach and, in turn, obtain written confirmation from each coach.
d. Not to sublet the field.
e. Not to make any improvements or alterations or mow grass on said premises.
f. Not to charge for parking of vehicles in the parking lots located within CITY facilities and not to park in the fields or walkways.

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g. Not to erect any barriers or fences of any kind unless approved by CITY. h. Not to use herbicides at the park for any purpose.
i. Not to disconnect or make changes to existing phone line account j. To provide the CITY with a written list of all items to be stored in park buildings. No items should be stored in rest room facilities, except rest room supplies. Any items found to be stored in buildings without prior written authorization from the CITY will be removed by city crews with or without prior notice to LEAGUE. Any cost incurred by the CITY by removing, storing, or disposal of said property shall be the responsibility of LEAGUE. k. CITY to maintain restroom facilities and CITY to furnish all supplies for each well–maintained restroom. LEAGUE to police the entire premises after each day's use and dispose of all paper, trash, and other debris in the dumpster that may have accumulated and leave the premises in a condition deemed acceptable to CITY. This work shall be completed within two hours after an activity has ended. If the premises are not maintained as stated a contracted cleaning agency will be hired by the CITY and the LEAGUE will be responsible for all fees related to the service.
l. To maintain all equipment and appliances within the snack bar and snack bar building at all times. To clean all sinks, grills, screens, exhaust hoods, mop all floors and clean countertops and utensils after each day’s use and leave the snack bar in a condition deemed acceptable to CITY. The snack bar area should not be used for storage of any materials not pertaining to food items used for snack bar operations.
m. To ensure when a barbecue is used (a permit is required to be obtained by Department of Public Health), it is set up a minimum of ten feet away from any structure and LEAGUE must provide one fire extinguisher for each barbecue being used. All safety and health regulations set forth by the County of San Bernardino Department of Public Health must be followed.

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o. To conform to all safety and health regulations set forth by the County of San Bernardino Department of Public Health and register your snackbar as Pre–packaged. Maintain all CITY–installed facilities and equipment in their original condition. Failure to comply with these requirements will result in a breach of this Agreement and the loss of the use of the premises. p. To be responsible for all costs as a result of lost or stolen keys. q. LEAGUE agrees to assist CITY in keeping order in the park area and to provide responsible supervision as may be necessary to prevent vandalism or malicious mischief to the property including for graffiti removal on buildings within 24 hours of notification, contact Graffiti Abatement Hotline at (909) 625–9429 and report vandalism immediately to the Public Works Department at (909) 625–9480. LEAGUE will not attempt to remove Graffiti or make repairs to building. LEAGUE shall furnish and supply personnel to conduct and supervise LEAGUE activities on the premises. r. If LEAGUE elects to use lights for activities conducted after dark, the CITY will provide electrical services associated with lights at no charge to the LEAGUE.
s. To deposit, with the CITY representative, the sum of Five Hundred Dollars ($500) as a security deposit, to ensure the proper and prompt payment of any incurred damages to facilities associated with the LEAGUE. In the event all potential damages are paid by the end of this Agreement term, the deposit will be refunded.
t. To provide the CITY representative with a list of the Board of Directors including names, addresses, and telephone numbers.
u. To provide CITY with participant rosters, practice and game schedules.

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z. PUBLIC LIABILITY AND PROPERTY DAMAGE: Throughout the term of this Agreement, at LEAGUE's sole cost and expense, LEAGUE shall keep, or cause to be kept in full force and effect for the mutual benefit of CITY and LEAGUE comprehensive, broad form, general public liability insurance against claims and liabilities for personal injury, death, or property providing proof of at least One Million Dollars ($1,000,000) for bodily injury or death to any one person or for any one accident or occurrence and at least Three Hundred Thousand Dollars ($300,000) for property damage. All insurance required by this Agreement shall be carried only by responsible insurance companies duly admitted to transact business in the State of California and shall name as additional insured the CITY, its elected officials, officers, employees, and agents. All policies shall contain language, to the extent obtainable, to the effect that (1) the insurer and the insured waive the right of subrogation against CITY and CITY's elected officials, officers, employees, and agents; (2) the policies are primary and noncontributing with any insurance that may be carried by CITY; and (3) they cannot be canceled or materially changed except after thirty (30) days' notice in writing by the insurer to CITY by certified mail. LEAGUE shall furnish CITY with copies of such policies promptly upon receipt of them, or certificate(s) evidencing the insurance. aa. INDEMNIFICATION: LEAGUE shall defend, indemnify and save harmless CITY, its elected and appointed officials, officers, agents, and employees from all liability from loss, damage, or injury to persons or property including the payment by LEAGUE of any and all legal costs and attorneys' fees in any manner arising out of any negligent or intentional or willful acts or omissions of the LEAGUE in the activities, use, or occupancy of the PREMISES including, but not limited to, all consequential damages, to the maximum extent permitted by law.
bb. It is understood and agreed that there is no relationship of employer– employee for Workers' Compensation purposes between CITY and any person connected with the LEAGUE, unless such person is otherwise regularly employed by and conducting official business of CITY. cc. To conduct all operations in compliance with the Americans with Disabilities Act.
dd. LEAGUE shall provide CITY with at least two (2) weeks' notice for room reservations for use of CITY facilities for LEAGUE meetings. ee. LEAGUE may place banners up on weekdays and Saturdays, but they must be removed by the close of Saturday each week. Banners are not allowed to stay up on Sundays. Banners must be no greater than 3’X 5’. Banners will be attached to outfield chain link fence using clip on rings. Banner clearance from turf is a minimum of 2”. The City will determine if a banner is past its useful life due to sun fade, rips, graffiti, etc. and will notify LEAGUE of said issue. LEAGUE will have 24 hours to remove said banner. The CITY has the right to remove and dispose of any banner that is not displayed following the above mentioned procedures.

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ff. LEAGUE may place shade cloth as necessary to dug outs on weekdays and Saturdays, but they must be removed by the close of Saturday each week.

The City will determine if a shade cloth is past its useful life due to sun fade, rips, graffiti, etc. and will notify LEAGUE of said issue. LEAGUE will have 24 hours to remove said shade cloth. The CITY has the right to remove and dispose of any shade cloth that is not displayed following the above mentioned procedures. If LEAGUE does not remove or replace shade cloth as requested by CITY within 24 hours, CITY may prohibit use of fields and snack bar facilities to LEAGUE until request has been met. gg. Locks are issued by the City to secure areas of the park and have access to those areas such as snack bar shutters for maintenance. If locks are needed to replace a lost or damaged lock contact the City immediately. The League at no time shall use personal locks to secure any area. If a personal lock is found the League will be notified and will have 24 hours to remove it. If not removed the City will remove it by any means necessary and the City will not be held responsible for the League’s lock.

A Contact List containing the emergency telephone numbers is attached.
e. Upon approval of the Director of Human Services, LEAGUE's cleaning deposit shall rollover any unused monies into the next Agreement. f. To designate a CITY representative to work with LEAGUE on all non– maintenance issues relating to the use of CITY facilities.

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APPROVED AND ADOPTED this 20th day of January 2026.

LEAGUE: CITY:

GOLDEN GIRLS SOFTBALL CITY OF MONTCLAIR
President Javier John Dutrey
Mayor
Secretary
ATTEST:

Andrea M. Myrick
Executive City Clerk
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CITY OF MONTCLAIR

Manager
Mathew
Paradis
(909) 625–9443
Cell: (909) 721–1860
Grounds
Maintenance
Public Works
Operations Asst.

CITY COUNCIL

AGENDA REPORT
DATE: JANUARY 20, 2026
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 3
FILE I.D.: GRT125
DEPT.: HUMAN SVCS.

PREPARER: A. COLUNGA
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 26–06 WITH BLAIS & ASSOCIATES, INC.

FOR GRANT WRITING SERVICES, SUBJECT TO ANY REVISIONS DEEMED NECESSARY

BY THE CITY ATTORNEY
CONSIDER AUTHORIZING A $39,787 APPROPRIATION FROM THE LEASE REVENUE BOND FUND FOR COSTS RELATED TO AGREEMENT NO. 26–06
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 26–06 with Blais & Associates, Inc. (Blais) for grant writing services, subject to any revisions deemed necessary by the City Attorney.

A copy of Agreement No. 26–06 is attached for City Council review and consideration.

BACKGROUND: In 2017, the City of Montclair began utilizing Blais for their grant writing services. The City has seen much success in working with Blais, with seventeen grant awards totaling over twenty–three million dollars that will transform the City, including:
• $249,000 for Holt Boulevard Bridge Abatement Project through the Illegal Disposal Abatement grant
• $443,796 for Adequate Fire and Emergency Response (SAFER) grant program through the Department of Homeland Security
• $2,841,210 for Highway Safety Improvement Program (HSIP) for street safety In total, the City of Montclair has applied for forty–five grants utilizing Blais’s services, five of which are currently under review. Additionally, two grant applications are currently in process to be submitted. Several of the federal grants the City is pursuing are highly complex and demand substantial effort, resulting in increased grant writing expenses.

Blais anticipates a growth in federal grant opportunities in the upcoming calendar year.

Staff recommend actively pursuing available funding sources to support various community needs. Each of these opportunities requires significant time and specialized expertise.

Considering the expected increase in grant opportunities next year, the City has requested a revised payment structure. For a fixed fee, the City will be able to access Blais’s grant research and grant writing services for an unlimited number of applications throughout 2026. Previous contracts with Blais included a fixed monthly fee along with a grant–specific fee based on the complexity of each opportunity.

FISCAL IMPACT: Approval of Agreement No. 26–06 between the City of Montclair and Blais and Associates for grant writing services would result in a cost to the City of $120,000. A portion of the costs associated with Agreement No. 26–06 for Fiscal year 2025–26 were incorporated in the Fiscal Year 2025–26 Budget. To pay the remaining balance this fiscal year, the City Council is requested to authorize an appropriation from MONTCLAIR CITY COUNCIL MEETING – 01/20/2026 Page 65 of 100 Lease Revenue Bond funds in the amount of $39,787. The remaining $60,000 for July through December 2026 will be requested in the Fiscal Year 2026–27 budget.

The term of proposed Agreement No. 26–03 with Blais for grant writing services is from January 1, 2026, through December 31, 2026.

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

1. Approve Agreement No. 26–06 with Blais & Associates, Inc. for grant writing services, subject to any revisions deemed necessary by the City Attorney.

2. Authorize a $39,787 appropriation from the Lease Revenue Bond Fund for costs related to Agreement No. 26–06.

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CITY OF MONTCLAIR

AGREEMENT FOR CONSULTANT SERVICES

GRANT WRITING
THIS AGREEMENT is made and effective as of January 1, 2026, between the City of Montclair, a municipal corporation ("City") and Blais and Associates, LLC, a Texas limited liability company ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on January 1, 2026 and shall remain and continue in effect for a period of 12 months until tasks described herein are completed, but in no event later than December 31, 2026, unless sooner terminated pursuant to the provisions of this Agreement.

2. SERVICES
Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.

3. PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of his/her ability, experience and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.

4. CITY MANAGEMENT
City’s City Manager shall represent City in all matters pertaining to the administration of this Agreement, review and approval of all products submitted by Consultant, but not including the authority to enlarge the Tasks to be Performed or change the compensation due to Consultant. City’s City Manager shall be authorized to act on City’s behalf and to execute all necessary documents which enlarge the Tasks to be Performed or change Consultant’s compensation, subject to Section 6 hereof.

5. PAYMENT
(a) The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full.

This amount shall not exceed $120,000 for the total term of the Agreement unless additional payment is approved as provided in this Agreement.

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(b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City’s written authorization is given to Consultant for the performance of said services.

The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement, but in no event shall total compensation exceed Ten Thousand Dollars ($10,000.00). Any additional work in excess of this amount shall be approved by the City Council.
(c) Consultant will submit invoices monthly. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of the Consultant’s fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. (d) Consultant agrees that, in no event shall City be required to pay to Consultant any sum in excess of ninety-five percent (95%) of the maximum payable hereunder prior to receipt by City of all final documents, together with all supplemental technical documents, as described herein acceptable in form and content to City. Final payments shall be made no later than sixty (60) days after presentation of final documents and acceptance thereof by City.

6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise.

If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement. (b) In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant on a pro-rata basis the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 6(c).

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7. DEFAULT OF CONSULTANT
(a) The Consultant’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant’s control, and without fault or negligence of the Consultant, it shall not be considered a default.
(b) If the City Manager or his/her delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

8. OWNERSHIP OF DOCUMENTS
(a) Consultant shall maintain complete and accurate records with respect to billed time, sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
(b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, claims, applications, computer files, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant’s office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.

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9. INDEMNIFICATION
(a) Defense, Indemnity and Hold Harmless. Contractor shall defend, indemnify, and hold harmless the City, its present and former officers, directors, employees, agents, staff, volunteers, mayor, council, boards, committees, and representatives, as broadly interpreted (collectively, the “Indemnified Parties”), of and from all claims, suits, demands, obligations, losses, damages, sums, or any other matters threatened or presently asserted, including but not limited to all legal fees, costs of defense and litigation expenses (including legal fees, expert fees and any other costs or fees, including those of adverse parties imposed on or sought against the Indemnified Parties), arising directly or indirectly out of any liability or claim of loss or liability for personal injury, bodily injury to persons, contractual liability, errors or omissions, breach, failure to perform, damage to or loss of property, or any other loss, damage, injury or other claim of any kind or nature arising out of the work to be performed by Contractor herein, caused by or arising out of the negligent acts or omissions, or intentional misconduct of Contractor, including its subcontractors, employees, agents, and other persons or entities performing work for Contractor. (b) Contractual Indemnity. To the fullest extent permitted under California law, Contractor shall contractually indemnify, defend and hold harmless the Indemnified Parties from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, amounts for good faith settlement, or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees and costs), arising out of or related to, in whole or in part, the performance of this Agreement by Contractor or by any individual or entity for which Contractor is legally liable, including but not limited to Contractor’s officers, agents, representative, employees, independent contractors, subcontractors or affiliated or related entities and/or its or their employees, agents and representatives, caused by or arising out of all negligent acts or omissions, or intentional misconduct of Contractor, including its subcontractors, employees, agents and other persons or entities performing work for Contractor. Indemnification shall include any claim that Contractor, or Contractor’s employees or agents, are or may be considered and treated as employees of the City, or are entitled to any employee benefits from City including but not limited to those available under Public Employees Retirement Law. The obligation to indemnify, defend and hold harmless the Indemnified Parties shall apply to all liability as defined above regardless of whether the Indemnified Parties were or are alleged to have been negligent, except that it shall not apply to claims arising from the sole negligence or willful intentional misconduct of the Indemnified Parties. Contractor’s obligation to defend the Indemnified Parties is not contingent upon there being an acknowledgement of or determination of the merit of any claims, liability, demands, causes of action, suits, losses, expenses, errors, omissions and/or costs. (c) Subcontractors and Indemnification. Contractor agrees to and shall obtain executed indemnity agreements in favor of the Indemnified Parties with provisions identical to those set forth from each and every Subcontractor, Sub consultant, or other person or entity involved by, for, with, or on behalf of Contractor in the performance of any aspect of this Agreement. In the event Contractor fails to obtain such indemnity MONTCLAIR CITY COUNCIL MEETING – 01/20/2026 Page 70 of 100 AGREEMENT NO. 26–06

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obligations, Contractor shall be fully responsible for each and every Subcontractor, Subconsultant or other person or entity in terms of defense, indemnity and hold harmless obligations in favor of the Indemnified Parties as set forth above. This obligation to indemnify and defend the Indemnified Parties is binding on the successors, assigns, or heirs of Contractor and shall survive the full performance or termination of this Agreement. These indemnification provisions are independent of and shall not in any way be limited or superseded by the insurance requirements and insurance-related provisions of this Agreement.
(d) City Lost or Damaged Property – Theft. Contractor further agrees to pay or cause to be paid to the Indemnified Parties’ benefit, any and all damages, fines, penalties, and loss or theft of property of the City arising out of or related in any way to the negligent acts or omissions or intentional misconduct of Contractor or of Contractor’s officers, agents, representatives, employees, independent contractors, subcontractors or affiliated or related entities and/or its or their employees, agents and representatives, whether such actions, omissions to act, negligence or intentional conduct is or was authorized by this Agreement or not. City assumes no responsibility whatsoever for any property placed on the premises of City. Contractor further agrees to waive all rights of subrogation against the Indemnified Parties. (e) Non-Waiver and Non-Exhaustion of City’s Further Rights and Remedies.

No aspect of this provision shall in any way limit or effect the rights of the Indemnified Parties against the Contractor under the terms of this Agreement or otherwise. The indemnification provisions shall apply regardless of whether this Agreement is executed after Contractor begins the work and shall extend to claims arising after this Agreement is performed or terminated, including a dispute as to the termination of Contractor. The indemnity obligations of Contractor shall continue until it is determined by final judgment that the claim against the City and any Indemnified Parties is determined by final judgment and after exhaustion of any rights of appeal. Further, no aspect of this provision shall impact the City’s rights to contribution from Contractor, or for the City to dispute Contractor’s refusal to defend and indemnify City. (f) Limitations on Scope of Indemnity. Notwithstanding the foregoing, Contractor shall not be responsible for indemnification for claims or losses caused by the sole negligence or intentional wrongdoing of Indemnified Parties. Further, the indemnity provided shall be interpreted as broadly as permitted under California law and as to agreements between parties and shall if required be reformed to be consistent with those laws to protect and save this provision for the protection of the Indemnified Parties.
(g) The obligations of Contractor under this or any other provision of this Agreement shall not be limited by the provisions of any workers’ compensation act or similar act. The Contractor expressly waives any statutory immunity under such statutes or laws as to the Indemnified Parties. The Contractor’s indemnity obligation set forth in this Section 9 shall not be limited by the limits of any policies of insurance required or provided by the Contractor pursuant to this Agreement.

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(h) The Contractor’s covenant under this Section 9 shall survive the expiration or termination of this Agreement.

10. INSURANCE
The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
(a) Types of Required Coverages
Without limiting the indemnity provisions of the Contract, the Contractor shall procure and maintain in full force and effect during the term of the Contract, the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so.
(1) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 00 01, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $3,000,000 per occurrence, and $5,000,000 aggregate total bodily injury, personal injury, and property damage.
(2) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1), including owned, non-owned and hired autos, or the exact equivalent, with minimum limits of $5,000,000 for bodily injury and property damage, each accident. If Contractor owns no vehicles, auto liability coverage may be provided by means of a non-owned and hired auto endorsement to the general liability policy. Automobile liability insurance and endorsements shall be kept in force at all times during the performance of this Agreement.
(3) Workers’ Compensation: Workers’ Compensation Insurance, as required by the State of California and Employer’s Liability Insurance with a limit of not less than $1,000,000 each accident for bodily injury and $1,000,000 each employee for bodily injury by disease. (4) Professional Liability: Professional Liability insurance with limit of not less than $3,000,000 each claim. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusion that may potentially affect the work to be performed.
(b) Endorsements
Insurance policies shall not be in compliance if they include any limiting provision or endorsement. The insurance policies shall contain, or be endorsed to contain, the following provisions:

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(1) Commercial General Liability
Additional Insured: The City, its elected officials, officers, employees, volunteers, boards, agents and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. Coverage for the additional insureds shall apply to the fullest extent permitted by law.

Additional Insured Endorsements shall not:

1. Be limited to “Ongoing Operations”

2. Exclude “Contractual Liability

3. Restrict coverage to the “Sole” liability of contractor

4. Exclude “Third-Party-Over Actions”

5. Contain any other exclusion contrary to the Agreement Additional Insured Endorsements shall be at least as broad as ISO Forms CG 20 10 11 85; or CG 20 and 10 and CG 2037.

Primary Insurance: This insurance shall be primary and any other insurance, whether primary, excess, umbrella or contingent insurance, including deductible, or self-insurance available to the insureds added by endorsement, shall be in excess of, and shall not contribute with, this insurance. Coverage shall be at least as broad as ISO CG 20 01 04 13. (2) Auto Liability
Additional Insured: The City, its elected officials, officers, employees, volunteers, boards, agents, and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the work or operations performed by or on behalf of the Contractor.

Primary Insurance: This insurance shall be primary and any other insurance whether primary, excess, umbrella or contingent insurance, including deductible, or self-insurance available to the insureds added by endorsement shall be in excess of and shall not contribute with this insurance.
(3) Workers’ Compensation
Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties. (c) Notice of Cancellation
Required insurance policies shall not be cancelled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

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(d) Waiver of Subrogation
Required insurance coverages shall not prohibit Contractor from waiving the right of subrogation prior to a loss. Contractor shall waive all rights of subrogation against the indemnified parties and policies shall contain or be endorsed to contain such a provision. This provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer.
(e) Evidence of Insurance
All policies, endorsements, certificates, and/or binders shall be subject to approval by the City as to form and content. These requirements are subject to amendment or waiver only if so approved in writing by the City. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. (f) Deductible or Self-Insured Retention
Any deductible or self-insured retention must be approved in writing by the City and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the Contractor or the City.
(g) Contractual Liability/Insurance Obligations
The coverage provided shall apply to the obligations assumed by the Contractor under the indemnity provisions of this Agreement. The insurance obligations under this Agreement shall be: (1) all the insurance coverage and/or limits carried by or available to the Contractor; or (2) the minimum insurance coverage requirements and/or limits shown in this Agreement; whichever is greater. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits, which are applicable to a given loss, shall be available to the City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of the Contractor under this Agreement. (h) Failure to Maintain Coverage
Contractor agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City. The City shall have the right to withhold any payment due Contractor until Contractor has fully complied with the insurance provisions of this Contract. In addition, the City may either immediately terminate this MONTCLAIR CITY COUNCIL MEETING – 01/20/2026 Page 74 of 100 AGREEMENT NO. 26–06

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Agreement or, if insurance is available at a reasonable cost, City may take out the necessary insurance and pay, at Contractor’s expense, the premium thereon.

In the event that the Contractor’s operations are suspended for failure to maintain required insurance coverage, the Contractor shall not be entitled to an extension of time for completion of the Work because of production lost during suspension.
(i) Acceptability of Insurers
Each such policy shall be from a company or companies with a current A.M. Best’s rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. Any other rating must be approved in writing in accordance with the City. (j) Claims Made Policies
If coverage is written on a claims-made basis, the retroactive date on such insurance and all subsequent insurance shall coincide or precede the effective date of the initial Contractor’s Agreement with the City and continuous coverage shall be maintained or an extended reporting period shall be exercised for a period of at least five (5) years from termination or expiration of this Agreement. (k) Insurance for Subcontractors
Contractor shall be responsible for causing Subcontractors to purchase the same types and limits of insurance in compliance with the terms of this Agreement, including adding the City as an Additional Insured, providing Primary and NonContributory coverage and Waiver of Subrogation to the Subcontractors’ policies. The Commercial General Liability Additional Insured Endorsement shall be on a form at least as board as CG 20 38 04 13.

11. INDEPENDENT CONTRACTOR
(a) Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control and shall not be construed to be employees of City for any purpose, including eligibility under Public Employees Retirement Law. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents, except as set forth in this Agreement.

Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City.

Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Consultant shall be solely responsible and hold the City harmless for all matters relating to the payment of Consultant’s employees, including compliance with Social Security withholdings and all other regulations governing such matters.

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(b) No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.

12. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section.

13. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City of Montclair in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City of Montclair will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.

Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.

14. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the project performed under this Agreement.

15. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, responses to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena.

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(b) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, requests for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Consultant.

However, City’s right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
(c) Consultant shall comply with all applicable federal, state and local Conflict of Interest laws, including the Political Reform Act (California Government Code, Section 81000, et. seq.) and California Government Code, Section 1090, et. seq.

Consultant covenants that neither he/she nor any officer or principal of their firm have any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder. Consultant further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent or subconsultant.

Consultant further covenants that Consultant has not contracted with nor is performing any services, directly or indirectly, with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area and further covenants and agrees that Consultant and/or its subconsultants shall provide no service or enter into any agreement or agreements with a/any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area prior to the completion of the work under this Agreement. Further, Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to the City as a result of the performance of this Agreement, or the services that may be procured by the City as a result of the recommendations made by the Consultant. The Consultant’s covenant under this Section shall survive the termination of this Agreement.

16. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

To City: Alyssa Colunga
Assistant Director of Human Services &
Grants Manager
City of Montclair
5111 Benito
Montclair, CA 91763
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To Consultant: Blais and Associates, LLC
Attn: Jordan P. Carter
2807 Allen Street, Suite 2050
Dallas, TX 75204

17. ASSIGNMENT AND SUBCONTRACTING
The Contractor shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, nor any monies due hereunder, without prior written consent of the City. The City’s consent to an assignment of rights under this Agreement shall not release the Contractor from any of its obligations or alter any of its obligations to be performed under this Agreement. Any attempt at assignment or delegation by the Contractor in violation of this Section 17 shall be void and of no legal effect and shall constitute grounds to terminate this Agreement for cause. The Contractor shall not subcontract any performance required under this Agreement without the City’s prior written consent.

18. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement, including a City of Montclair business license.

19. GOVERNING LAW
The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Montclair.

20. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material.

21. CONTENTS OF REQUEST FOR PROPOSALS
Deleted.

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22. CONFIDENTIALITY
Information and materials obtained by the Consultant from City during the performance of this Agreement shall be treated as strictly confidential and shall not be used by the Consultant for any purpose other than the performance of this Agreement.

Consultant’s covenant under this Section shall survive the expiration or termination of this Agreement.

23. DISCRIMINATION
The Consultant agrees that no person shall be excluded from employment in the performance of this Agreement on grounds of race, creed, color, sex, age, marital status, or place of national origin. In this connection, the Consultant agrees to comply with all County, State and Federal laws relating to equal employment opportunity rights.

24. EFFECT OF PARTIAL INVALIDITY
If any term or provision of this Agreement shall be held invalid or unenforceable, the remainder of this Agreement and any application of the terms shall remain valid and enforceable under this Agreement or California law.

25. CLAIMS AGAINST CITY
Contractor must comply with the claim procedures set forth in Government Code sections 900, et. seq., and/or Montclair Municipal Code, Chapter 1.16, as applicable, prior to filing any lawsuit against the City. Such claims and any subsequent lawsuit based upon the claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.

26. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.

27. NO THIRD PARTY BENEFICIARIES
This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.

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28. COST OF LITIGATION
If any legal action is necessary to enforce any provision of this Agreement or for damages by reason of an alleged breach of any provisions of this Agreement (whether in contract, tort or both), the prevailing Party shall be entitled to receive from the losing Party all attorneys’ fees, costs and expenses in such amount as the courts may determine to be reasonable. In awarding the cost of litigation, the court shall not be bound by any court fee schedule, but shall, if it is in the interest of justice to do so, award the full amount of costs, expenses and attorneys’ fees paid or incurred in good faith.

29. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Contractor warrants and represents that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.

30. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument.

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

CITY OF MONTCLAIR Blais and Associates, LLC
By: By:

Javier John Dutrey, Mayor Jordan Carter, CEO
Attest:

By: Date:

Andrea Myrick, City Clerk
Approved as to Form:

By:

Diane E. Robbins, City Attorney
Date:

MONTCLAIR CITY COUNCIL MEETING – 01/20/2026 Page 80 of 100 GRANT RESEARCH, WRITING, & MANAGEMENT | 1

SCHEDULE OF FEES
Task Description Monthly Cost Annual Cost
Grant Funding
Research
Consultation,
Monitoring, and
Fact Sheets
Grant Proposal
Development &
Submittal
Dedicated staff (Laurie Bayles) to monitor/send
targeted grant opportunities, summaries, and fact
sheets; Develop Monthly Grant Activity Reports
(GARs); Monthly calls to review opportunities and
grants in-progress; Go/no-go consultation; Participate
in coordination calls with client; Develop Year-End
Grant Roll-Up Reports.

Dedicated staff (Laurie Bayles) for collaborative grant writing development to include submission.

Monthly Fixed Fee
$10,000 $120,000
Annual Cost $120,000
Monthly Cost $10,000
OPTIONAL ADD-ON SERVICE: GRANT MANAGEMENT
Task Description Monthly Cost Annual Cost
Grant Management
Services
Grant Management and reporting services (cost will
vary by the grant agreement, its reporting
requirements, and client involvement).

Work includes pre- and post-award Grant
Management services including file maintenance and
organization; report development and submission;
general grant and project management;
compliance/regulation requirements review, oversight
and advisement; collaboration/liaison services with
client team and grantor agency; budget and scope
amendments; and other troubleshooting and
advisement, as needed.

Quoted upon
request. TBD
Exhibit A
AGREEMENT NO. 26-06
MONTCLAIR CITY COUNCIL MEETING – 01/20/2026 Page 81 of 100 GRANT RESEARCH, WRITING, & MANAGEMENT | 2
GRANT MANAGEMENT SERVICES – COST SAVINGS AND COMPLIANCE SUPPORT B&A’s Grant Management services provide cities with substantial cost savings and operational efficiency, while offering the expertise of our entire team. By partnering with us, cities avoid the expense of hiring full-time staff dedicated solely to grant administration.

Beyond financial savings, our Grant Management team ensures that all awarded projects remain compliant with federal, state, and local requirements. We help cities stay on budget, meet reporting deadlines, and remain on track throughout the life of each grant. Should the City ever undergo an audit, our team stands ready to support and provide the necessary documentation and guidance.

Another key benefit is continuity. Staff turnover can often disrupt grant administration. In these scenarios, B&A serves as a consistent thread across projects, providing historical knowledge and helping new city staff quickly onboard and get up to speed with active and pending grants. This continuity minimizes risk, saves staff time, and ensures that the City’s projects remain well managed regardless of internal transitions.

In short, B&A’s Grant Management services offer a cost-effective, compliant, and reliable solution for cities looking to maximize the value of their awarded funds.

AGREEMENT NO. 26-06
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STANDARD FEE SCHEDULE
Description Fee
Professional Services Fixed Fee
External Consultants (e.g., BCA analysis) Cost – no markup Mileage Prevailing standard IRS rate
Travel (tolls, taxi, airfare, hotel) Cost – no markup
Printing, Copying, Binding, etc. Cost – no markup
Shipping, Express Mail, or Courier Cost – no markup
B&A is extending a customized monthly fixed-fee service model that includes grant research, grant consultation, and grant writing services. All work performed under this monthly service is based on a monthly fixed-fee, not-to-exceed structure, ensuring predictability, transparency, and cost control for the City.

Grant Management services will be independently evaluated to determine the anticipated scope of work and level of effort. For any Grant Management engagement, B&A will require the grant agreement and provide a fixed-fee not-to-exceed quote for the City’s review and approval prior to initiating work.

Note: the monthly fixed fee excludes contractor services such as benefit-cost analyses, engineering services, or environmental reviews that are deemed beyond B&A’s scope. When such services are necessary to support a grant application, B&A will coordinate with partner firms for the required expertise. A fixed-fee not-toexceed quote will be provided for the City’s review and approval prior to initiating work. These external services will be billed to the City at cost with no markup, in additional to the monthly fixed fee.

Any additional one-off requests or activities outside the defined monthly scope will be performed on a timeand-materials basis with prior City approval. This structure enables B&A to remain a good steward of the City’s resources, offering an efficient, transparent, and cost-effective service model.

RATES FOR ADDITIONAL SERVICES
Personnel Hourly Rate
Associate Grant Staff $150
Senior Associate Grant Staff $180
Technical Director $230
B&A may adjust its rates annually based on an assessment of the City’s service volume in order to maintain high quality service and support for the City.

AGREEMENT NO. 26-06
MONTCLAIR CITY COUNCIL MEETING – 01/20/2026 Page 83 of 100

CITY COUNCIL

AGENDA REPORT
DATE: JANUARY 20, 2026
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 4
FILE I.D.: PUB115A
DEPT.: PUBLIC WORKS
PREPARER: M. HEREDIA
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 26–07, AMENDMENT NO. 1 TO AGREEMENT NO. 22–62 WITH CASC ENGINEERING, INC. FOR ASSISTANCE WITH THE CITY’S

NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM,

SUBJECT TO ANY REVISIONS DEEMED NECESSARY BY THE CITY ATTORNEY REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 26–07, Amendment No. 1 to Agreement No. 22–62 with CASC Engineering, Inc. for assistance with the City’s National Pollution Discharge Elimination System (NPDES) Program, subject to any revisions deemed necessary by the City Attorney. A copy of proposed Agreement No. 26–07 with CASC Engineering is attached for City Council review and consideration.

BACKGROUND: The City of Montclair is responsible for conducting inspections of commercial, industrial, and food service establishments (FOG) to comply with the requirements of the Municipal Separate Storm Sewer System (MS4) Permit, the City's Municipal Code, and mandates from the state’s Regional Water Quality Control Board.

These inspections help ensure that businesses follow appropriate pollution prevention practices, maintain grease control devices, prevent illicit discharges, and reduce pollutants entering the storm drain system.

City staff estimates that approximately 454 inspections are needed annually across all business sectors. Based on internal staffing capacity, City personnel are expected to complete about 50 percent of these inspections. The remaining approximately 227 inspections would be carried out by CASC Engineering to ensure regulatory compliance and minimize enforcement risks. Assuming an average of five inspections per day across all priority levels, this would require roughly 46 inspection days (368 hours) of the contractor’s time. At the current contractual rate of $145 per hour, the estimated cost to complete this workload is approximately $53,360, rounded to $55,000 for budget planning purposes.

CASC Engineering also offers a range of stormwater compliance services, including Water Quality Management Plans (WQMP), Qualified Storm Water Pollution Prevention Plan (QSP) services for Capital Improvement Projects under the State Construction General Permit (CGP), and Qualified Industrial Stormwater Pollution Prevention Plan Developer (QISD) services under the Industrial General Permit. CASC has been highly responsive to the City's needs regarding WQMP issues and MS4 permit requirements and has consistently maintained current knowledge of state water quality regulations.

Staff anticipates the adoption of a new General Stormwater Permit in the near future.

This permit will be a multi–regional agreement requiring the Counties of San Bernardino, Riverside, and Orange to adopt and enforce consistent permit policies. The new permit is expected to significantly impact Inland Empire agencies, as coastal cities have traditionally had more stringent stormwater requirements. Approval of proposed Agreement No. 26–07 will enable the City to request assistance from CASC Engineering MONTCLAIR CITY COUNCIL MEETING – 01/20/2026 Page 84 of 100 to maintain compliance with requirements related to commercial, industrial, and FOG inspections, as well as other NPDES–related programs.

FISCAL IMPACT: The City Council has established plan check fees for WQMP review. It is developers’ responsibility to pay for the cost of reviewing their WQMP. This review process is self–supporting with the application plan check fees paying for work performed by the City’s consultant. Approval of this amendment will increase the annual not–to–exceed amount for Agreement No. 26–07 from $60,000 to $115,000. Any necessary budget adjustments will be incorporated during the Mid–Year Budget Review.

RECOMMENDATION: Staff recommends the City Council approve Agreement No. 26–07, Amendment No. 1 to Agreement No. 22–62 with CASC Engineering, Inc. for assistance with the City’s NPDES Program, subject to any revisions deemed necessary by the City Attorney.

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January 2026
Agreement No. 26–07
AMENDMENT NO. 1 TO AGREEMENT NO. 22-62
Agreement for Consultant Services
NPDES Program Assistance
WHEREAS, the City of Montclair (CITY) and CASC Engineering, Inc. (CONSULTANT) previously entered into Agreement No. 22-62 (hereinafter referred to as “the AGREEMENT”), for consultant services associated with the National Pollutant Discharge Elimination System (“NPDES”); and, WHEREAS, the AGREEMENT requires additional services necessary to support the City’s commercial, industrial, FOG inspection program and other related NPDES program requirements.

NOW, THEREFORE, in consideration of the mutual covenants and conditions provided herein, CITY and CONSULTANT hereto agree to Amend Agreement No. 22–62 as follows:

Section 5. PAYMENT – replace “$60,000” with “$115,000”
Except as amended by this Amendment No. 1, all other terms and conditions of Agreement 22–62 shall remain the same.

This Amendment No. 1 to the AGREEMENT, Agreement No. 22–62, is effective on the date it is approved and signed by CITY and CONSULTANT.

CITY: City of Montclair CONSULTANT: CASC Engineering, Inc.

By: By:

John “Javier” Dutrey, Mayor
Attest:

By: By:

Andrea M. Myrick, City Clerk
Approved as to Form:

By:

Diane E. Robbins, City Attorney
MONTCLAIR CITY COUNCIL MEETING – 01/20/2026 Page 86 of 100

CITY COUNCIL

AGENDA REPORT
DATE: JANUARY 20, 2026
SECTION: BUSINESS ITEMS
ITEM NO.: A
FILE I.D.: PER597
DEPT.: ADMIN. SVCS.

PREPARER: M. GHOBRIAL
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 26–3505 MAKING CERTAIN FINDINGS FOR AN EXCEPTION TO THE 180–DAY WAIT PERIOD PURSUANT TO GOVERNMENT CODE SECTIONS 7522.56 AND 21224 WITH AUTHORIZATION TO HIRE MARCIA RICHTER INTO THE PART–TIME, TEMPORARY RETIRED ANNUITANT POSITION OF

ASSISTANT CITY MANAGER/DIRECTOR OF HUMAN SERVICES
CONSIDER AUTHORIZING A $60,000 APPROPRIATION FROM THE FY 2025–26 ADMINISTRATIVE SERVICES AND HUMAN SERVICES DEPARTMENTS’ PERSONNEL BUDGETS TO FUND THE PART–TIME, TEMPORARY RETIRED ANNUITANT POSITION

OF ASSISTANT CITY MANAGER/DIRECTOR OF HUMAN SERVICES
REASON FOR CONSIDERATION: The Pension Reform Act of 2012 prohibits employers from hiring retired annuitants within 180 days of their retirement. However, Government Code (GC) Section (§) 7522.56 provides exceptions for certain circumstances.

The City Council is requested to consider adoption of Resolution No. 26–3505 authorizing the hiring of Marcia Richter into the part–time and temporary retired annuitant position of Assistant City Manager/ Director of Human Services.

BACKGROUND: Assistant City Manager/ Director of Human Services Marcia Richter was initially hired on December 9, 1985, and is retired effective December 30, 2025, after a 40–year career with the City of Montclair.

During her tenure Marcia has held several positions within the City of Montclair. She started her career as the Medical Services Coordinator overseeing the operations of the of the City’s medical clinic and health programs. She was promoted into management as the Human Services Supervisor and served as the Assistant Director and then Director of Human Services. In July 2022 she moved into her current position as Assistant City Manager/ Director of Human Services.

Pursuant to GC §7522.56(b), “[a] retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree received the benefit without reinstatement from retirement, except as permitted by this section.” GC §7522.56(c), then provides the following exception: “A retired person may serve without reinstatement from retirement or loss or interruption of benefits provided by [CalPERS] upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has specialized skills needed in performing work of a limited duration.” GC §7522.56(f)(1) provides: “A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless… [t]he employer certifies the nature of the employment and the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar.”
MONTCLAIR CITY COUNCIL MEETING – 01/20/2026 Page 87 of 100 Marcia’s employment will be on a temporary, part–time basis and will remain at or below the 960 permitted hours per fiscal year a retired annuitant may work pursuant to GC §7522.56(d). Her specialized skills are needed to assist with crucial duties such as providing complex administrative support and assisting the City Manager in the administration and supervision of municipal affairs. She will also assist with Human Resources functions and labor negotiations. Finally, she will support Human Services planning and programs. It is anticipated that her employment as a retired annuitant will last the duration of the remaining 2025–2026 fiscal year and may continue through the second quarter of the 2026–2027 fiscal year. Also, pursuant to GC §7522.56(d), her pay may not exceed the maximum monthly base salary paid to other employees performing comparable duties as listed on a publicly available pay scheduled equal to an hourly rate.

The maximum base salary for her position is $19,337.85, and the hourly equivalent is $111.56.

FISCAL IMPACT: The fiscal impact associated with hiring Marcia Richter as a retired annuitant is estimated to be $60,000 for the remainder of Fiscal Year 2025–2026 if she works 20 hours per week from January 21 to June 30, 2026, which is approximately 480 hours less than the 960 hours authorized by GC §7522.56(d) and §21224.

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

1. Adopt Resolution No. 26–3505 making certain findings for an exception to the 180–day wait period pursuant to GC §7522.56 and §21224 with authorization to hire Marcia Richter into the part–time, temporary retired annuitant position of Assistant City Manager/Director of Human Services; and

2. Authorize a $60,000.00 appropriation from the FY 2025–26 Administrative Services and Human Services Departments’ personnel budgets to fund the part– time, temporary retired annuitant position of Assistant City Manager/Director of Human Services.

MONTCLAIR CITY COUNCIL MEETING – 01/20/2026 Page 88 of 100 Resolution No. 26–3505 Page 1 of 2
RESOLUTION NO. 26–3505

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MONTCLAIR MAKING CERTAIN FINDINGS FOR AN
EXCEPTION TO THE 180–DAY WAIT PERIOD PURSUANT
TO GOVERNMENT CODE SECTIONS 7522.56 AND 21224
WHEREAS, in compliance with Government (Gov.) Code Section 7255.56 of the California Public Employees’ Retirement Law, the City of Montclair must provide the California Public Employees Retirement System (CalPERS) this certification resolution when hiring a retiree before 180 days have passed since his or her retirement; and WHEREAS, Marcia Richter, CalPERS ID No. 2822763867, retired from the City of Montclair in the position of Assistant City Manager/Director of Human Services effective December 30, 2025; and
WHEREAS, Gov. Code Section 7522.56 requires that post–retirement employment commence no earlier than 180 days after the retirement date (which is June 28, 2026) without this certification resolution; and
WHEREAS, Gov. Code Section 7522.56 provides that this exception to the 180– day wait period shall not apply if the retiree accepts any retirement–related incentive; and
WHEREAS, the City Council, the City of Montclair and Marcia Richter certify that Marcia Richter has not and will not receive a Golden Handshake or any other retirement– related incentive; and
WHEREAS, the City of Montclair hereby appoints Marcia Richter as an extra help retired annuitant to perform the duties of the Assistant City Manager/Director of Human Services position on a part–time basis for the City of Montclair under Gov. Code Section 21224 effective January 21, 2026; and
WHEREAS, the entire employment agreement, contract or appointment document between Marcia Richter and the City of Montclair has been reviewed by this body and is attached herein as Exhibit A; and
WHEREAS, no matters, issues, terms, or conditions related to this employment and appointment have been or will be placed on a consent calendar; and WHEREAS, the employment shall be limited to 960 hours per fiscal year for all CalPERS employers; and
WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and WHEREAS, the maximum monthly base salary for this position is $19,337.85 and the hourly equivalent is $111.56, and the minimum monthly base salary for the position is $15,909.30 and the hourly equivalent is $91.78; and
WHEREAS, the hourly rate paid to Marcia Richter will be $111.56; and WHEREAS, Marcia Richter has not and will not receive any other benefit, incentive, compensation in lieu of benefit, or other form of compensation in addition to this hourly pay rate and has certified that she has not received any unemployment insurance compensation during the 12-month period prior to her retirement date pursuant to Gov.

Code Section 7522.56(e)(1); and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Montclair hereby certifies the nature of the appointment of Marcia Richter as described herein and detailed in the attached employment agreement/contract/appointment document and that this appointment is necessary to fill the critically needed position of Assistant City Manager/Director of Human Services for the City of Montclair by January 21, 2026 because there are crucial Administrative Services/Human Services Departments duties that need to be completed.

MONTCLAIR CITY COUNCIL MEETING – 01/20/2026 Page 89 of 100 Resolution No. 26–3505 Page 2 of 2
APPROVED AND ADOPTED this XX day of XX, 2026.

Mayor
ATTEST:

City Clerk
I, Andrea M. Myrick, City Clerk of the City of Montclair, DO HEREBY CERTIFY that Resolution No. 26–3505 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, 2026, 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 – 01/20/2026 Page 90 of 100

MEMORANDUM

MONTCLAIR
DATE:

TO:

FROM:

SUBJECT:

January 5, 2026
Edward C. Starr, City Manager
Mina ~ uman Resources Manager
PERSONNEL AUTHORIZATION: REQUEST TO HIRE MARCIA RICHTER

INTO THE PART-TIME, TEMPORARY RETIRED ANNUITANT POSITION

OF ASSISTANT CITY MANAGER/DIRECTOR OF HUMAN SERVICES
On December 30, 2025, Assistant City Manager/Director of Human Services Marcia Richter retired from the City of Montclair after a 40-year career. Marcia's superior level of experience, knowledge, and professionalism are needed to assist the Administrative Services and Human Services Department with a variety of administrative support to the Departments including human resources, labor negotiations, and Human Services Department programs and services for the City of Montclair. The Pension Reform Act of 2012 prohibits employers from hiring retired annuitants within 180 days of their retirement. However, subsequent legislation provides for an exception to the 1 80-day wait period under specific conditions; i.e., the California Public Employees' Retirement System (CalPERS) requires the City Council adopt a resolution to allow for an exception to the 1 80-day wait period to hire a retired employee for temporary, part-time employment during the wait period.

Marcia's specialized skills are needed to assist with crucial Administrative Services and Human Services Department duties such as providing complex administrative support and assist the City Manager in the administration and supervision of municipal affairs.

She will also assist in human resources and labor negotiations. Finally, she will help support with the Human Services Department planning and programs.

It is anticipated that her employment as a retired annuitant will last the duration of the remaining 2025-2026 fiscal year and may continue through the second quarter of the 2026-2027 fiscal year. Also, pursuant to Section 7522.56(d), her pay may not exceed the maximum monthly base salary paid to other employees performing comparable duties as listed on a publicly available pay scheduled equal to an hourly rate. The maximum base salary for her position is $19,337.85, and the hourly equivalent is $111.56. It is anticipated she will work up to 20 hours per week and no more than 960 hours for the remaining of this current fiscal year.

California Government Code § 7522.56(f)(l) provides: "A retired person shall not be eligible to be employed pursuant to this section for a period of 1 80 days following the date of retirement unless ... [t]he employer certifies the nature of the employment and the appointment is necessary to fill a critically needed position before 1 80 days have "EXHIBIT A"
Resolution No. 26-3 505
BUILD THE GOLD l/NETO MONTCLAIR
MONTCLAIR CITY COUNCIL MEETING – 01/20/2026 Page 91 of 100 Personnel Committee Authorization: Retired Annuitant Marcia Richter January 5, 2026

Page 2 ends

passed and the appointment has been approved by the governing body of the employer in a public meeting. On January 20, 2026, the City Council will consider Resolution No. 26-3 505 certifying the need to rehire Marcia Richter into this part-time, temporary Assistant City Manager/ Director of Human Services position.

If the City Council adopts Resolution No. 26-3505, Marcia Richter will be hired into the part-time, temporary retired annuitant Assistant City Manager/ Director of Human Services position effective January 21, 2026. This Personnel Authorization shall serve as the appointment document between Marcia Richter and the City of Montclair, which shall be attached as Exhibit A for City Council's consideration of Resolution No. 26-3505 .

Therefore, on consideration that the City Council adopts Resolution No. 26-3 505 on January 20, 2026, authorization is being requested to hire Marcia Richter as a retired annuitant into a temporary, part-time position of Assistant City Manager/Director of Human Services effective January 21, 2026, at the rate of $111.56/hour as a retired annuitant.

I, Marcia Richter, certify that I have not and will not receive any other benefit, incentive, compensation in lieu of benefit, or other form of compensation in addition to this hourly pay rate and have not received any unemployment insurance compensation during the 12-month period prior to my retirement pursuant to Gov. Code Section 7522.56(e)(l ).

Marcia Richter
C: Di rector of Finance l<u I beck
Employment & Personnel Coordinator Kresback
Personnel File: M. Richter
"EXHIBIT A"
Resolution No. 26-3 505
MONTCLAIR CITY COUNCIL MEETING – 01/20/2026 Page 92 of 100 Personnel Committee Minutes – December 15, 2025 Page 1 of 1

MINUTES OF THE MEETING OF THE MONTCLAIR

PERSONNEL COMMITTEE HELD ON MONDAY,
DECEMBER 15, 2025, AT 6:03 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 6:03 p.m.

II. ROLL CALL

Present: Mayor Pro Tem Martinez, Council Member Ruh, City Manager Starr, and Assistant City Manager/Director of
Human Services Richter
III. APPROVAL OF MINUTES
A. Minutes of the Regular Personnel Committee Meeting of December 1, 2025.

Moved by Council Member Ruh, seconded by Mayor Pro Tem
Martinez, and carried unanimously to approve the minutes of the Personnel Committee meeting on December 1, 2025.

IV. PUBLIC COMMENT – None
V. CLOSED SESSION
At 6:04 p.m., the Personnel Committee went into Closed Session regarding personnel matters related to appointments, resignations/ terminations, and evaluations of employee performance.

At 6:22 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 6:22 p.m., Mayor Pro Tem Martinez adjourned the Personnel Committee.

Submitted for Personnel Committee approval,
Edward C. Starr
City Manager
MONTCLAIR CITY COUNCIL MEETING – 01/20/2026 Page 93 of 100

PENDING

MINUTES OF THE REGULAR JOINT MEETING OF THE MONTCLAIR

CITY COUNCIL, SUCCESSOR AGENCY AND MONTCLAIR HOUSING

CORPORATION BOARDS, MONTCLAIR HOUSING AUTHORITY

COMMISSION, AND MONTCLAIR COMMUNITY FOUNDATION
BOARD HELD ON MONDAY, DECEMBER 1, 2025, AT 7:03 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 7:03 p.m.

II. INVOCATION
Pastor Josh Matlock, Bethany Baptist Church, gave the invocation.

III. PLEDGE OF ALLEGIANCE
Council Member/Di rector Mendez led meeting participants in the Pledge.

IV. ROLL CALL

Present: Mayor/Chair Dutrey; Mayor Pro Tem/Vice Chair Martinez; Council Members/Directors Ruh and Mendez
City Manager/Executive Director Starr; Assistant City Manager/ Director of Human Services Richter; Director of Finance Kulbeck; Director of Public Works/City Engineer Heredia; Fire Chief Dierck; City Attorney Robbins; City Clerk Myrick

Absent: Council Member/ Director Lopez (excused)
V. PRESENTATIONS — None
VI. PUBLIC COMMENT
• Robert Vivar spoke about recent immigration enforcement activities in the community and urged the City to take prompt action to address these operations, emphasizing the importance of upholding the city’s values and residents’ constitutional rights, describing the situation as an emergency requiring the City to prioritize the safety and well–being of its residents. • Roxanna Gracia, District Director for the office of Assemblymember Michelle Rodriguez, acknowledged the City Council for allowing the District to host events in City facilities. She reported that over 750 families were assisted at their Thanksgiving turkey giveaway event, and invited the community to attend Assemblymember Rodriguez’s Holiday Open House and Toy Drive event on Wednesday, December 3, from 4:00 to 7:00 p.m. at the District Office for an opportunity to meet staff, ask questions, and learn about available state resources. She expressed appreciation on behalf of the assemblymember for the community’s support after completing her first year in office.

VII. PUBLIC HEARINGS
A. First Reading — Consider Ordinance No. 25–1013 Amending the Montclair Municipal Code to Regulate the Parking of Oversized Vehicles and Unattached Trailers on Public Streets
Consider Setting a Public Hearing for Second Reading and to Consider Adoption of Ordinance No. 25–1013 on Monday,
December 15, 2025, at 7:00 p.m. in the City Council Chambers Mayor Dutrey announced this as the time and place set for a public hearing on the above matter, opened the public hearing, and invited comments from the public. Seeing no one in the audience wishing to speak, Mayor Dutrey closed the public hearing and returned the matter to the City Council for consideration.

MONTCLAIR CITY COUNCIL MEETING – 01/20/2026 Page 94 of 100

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – December 1, 2025 Page 2 of 7 James Eckart, Esq., Special Counsel for the City of Montclair, presented information regarding the proposed ordinance prohibiting the parking of oversized vehicles (over 22 feet long, 8 feet high, or 8 feet wide) and unattached trailers on public streets to promote safety by improving visibility, and to provide an equitable parking solution. He discussed and fielded questions about the proposed ordinance, which would enact the following new regulations:
• On residential streets, parking of oversized vehicles will be completely restricted at all times.
• In non–residential areas, oversized vehicles may park from 5:00 a.m. to 10:00 p.m.
• All oversized vehicles must maintain at least 50 feet from intersections and avoid blocking driveways and traffic control devices when parked.
• Exceptions will be made for:
o Essential service vehicles and unattached trailers while actively performing work,
o RVs that have been issued a permit to park in a
residential area for the duration of the permit, and
o Oversized vehicles that are experiencing mechanical
issues for up to 24 hours.

Overall, the ordinance aims to improve safety, accessibility, and flexibility for residents and service providers through clear enforcement and community engagement.

He confirmed that appropriate signage will be installed at key locations, and a community outreach campaign will inform residents using social media, the City website, utility bill mailing inserts, and electronic message boards.

In response to City Council comments and concerns regarding the cost and staff time to enforce the new parking regulations, Mr. Eckart noted that enforcement will primarily be reactive and based on public complaints, and will be minimally disruptive to the normal operations of law enforcement staff. He added that violations may result in parking citations with fines, which can be appealed in the same way as other parking citations. Those revenues, in addition to funds collected in connection with issuing permits, would help to offset costs related to enforcement and new permit software.

In response to Council Member Mendez requesting permittees be made responsible for cleaning the gutters around their parked RVs, Mr. Eckart advised that those with permits must still observe other parking restrictions such as residential permit parking zones and street sweeping schedules. Once the permit program is active, a 30– day grace period will provide for courtesy notices to be issued instead of citations
Mayor Dutrey noted he would like the City Manager to have the authority to grant exceptions for health or safety reasons, and he would like for the Public Works Committee to oversee the development of the permitting system and public education campaigns.

Mr. Eckart discussed the permitting system for both short– and long– term parking, which staff intends to implement as an online permitting system that is accessible by the Police Department. In response to concerns for business owners with large vehicles connected to their businesses raised by Council Member Ruh, he advised a limited number of permits may be issued for non– recreational oversized vehicles that are used for home–based businesses.

In response to City Council questions regarding permit fees, Mr. Eckart advised the fees will be reasonable and will serve to solely cover program costs.

MONTCLAIR CITY COUNCIL MEETING – 01/20/2026 Page 95 of 100

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – December 1, 2025 Page 3 of 7 ACTION – Public Hearings – Item A
ACTING: City Council
MOTION: Conduct the First Reading of Ordinance No. 25–1013 and set a Public Hearing to conduct the Second Reading
and to consider adoption of Ordinance No. 25–1013 on
Monday, December 15, 2025, at 7:00 p.m. in the City
Council Chambers.

MADE BY:

SECOND BY:

Mayor Dutrey
Mayor Pro Tem Martinez
AYES:

NOES:

ABSTAIN:

ABSENT:

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

B. First Reading — Consider Ordinance No. 25–1014 Amending the Zoning Code by 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 Continuing First Reading of Ordinance No. 25–1014 to Tuesday, January 20, 2026, at 7:00 p.m. in the City Council Chambers
Mayor Dutrey announced this as the time and place set for a public hearing on the above matter, opened the public hearing, and invited comments from the public. Seeing no one in the audience wishing to speak, Mayor Dutrey closed the public hearing and returned the matter to the City Council for consideration.

City Manager Starr advised more time is needed to finalize the amendments to incorporate new laws into the proposed Ordinance.

ACTION – Public Hearings – Item B
ACTING: City Council
MOTION: Continue the First Reading of Ordinance No. 25–1014 to Tuesday, January 20, 2026, at 7:00 p.m. in the City
Council Chambers.

MADE BY:

SECOND BY:

Mayor Dutrey
Council Member Ruh
AYES:

NOES:

ABSTAIN:

ABSENT:

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

C. First Reading — Consider Ordinance No. 25–1016 Amending Specific Chapters of Title 10 of the Montclair Municipal Code Related to the Adoption of Building Codes to Regulate
Construction in the City of Montclair
Consider Setting a Public Hearing for Second Reading and to Consider Adoption of Ordinance No. 25–1016 on Monday,
December 15, 2025, at 7:00 p.m. in the City Council Chambers Mayor Dutrey announced this as the time and place set for a public hearing on the above matter, opened the public hearing, and invited comments from the public. Seeing no one in the audience wishing to speak, Mayor Dutrey closed the public hearing and returned the matter to the City Council for consideration.

MONTCLAIR CITY COUNCIL MEETING – 01/20/2026 Page 96 of 100

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – December 1, 2025 Page 4 of 7 ACTION – Public Hearings – Item C
ACTING: City Council
MOTION: Conduct the First Reading of Ordinance No. 25–1016 and set a Public Hearing to conduct the Second Reading
and to consider adoption of Ordinance No. 25–1016 on
Monday, December 15, 2025, at 7:00 p.m. in the City
Council Chambers
MADE BY:

SECOND BY:

Council Member Mendez
Mayor Pro Tem Martinez
AYES:

NOES:

ABSTAIN:

ABSENT:

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

VIII. CONSENT CALENDAR
ACTION – Consent Calendar
ACTING: City Council
Successor Agency Board
Montclair Housing Corporation Board
Montclair Housing Authority Commissioners
Montclair Community Foundation Board
MOTION: Approve the Consent Calendar as presented.

MADE BY:

SECOND BY:

Council Member/Director Ruh
Council Member/Director Mendez
AYES:

NOES:

ABSTAIN:

ABSENT:

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

A. Approval of Minutes

1. Adjourned Meeting — November 3, 2025
ACTION – Consent Calendar – Item A–1
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez absent).

2. Regular Joint Meeting — November 3, 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 4–0–1 (Lopez absent).

MONTCLAIR CITY COUNCIL MEETING – 01/20/2026 Page 97 of 100

PENDING

1. Consider Approval of Ratification of Warrant Register and Payroll Documentation
ACTION – Consent Calendar – Item B–1
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez absent).

2. Consider Receiving and Filing the Montclair Police Department 2024–25 Military Equipment Annual Report Pursuant to
GC §7072
Consider Authorizing the Scheduling of a Follow–Up Police Department Community Engagement Meeting on Wednesday,
December 10, 2025, at 5:00 p.m. in the Emergency Operations Center Community Room at 4870 Arrow Highway, Montclair
ACTION – Consent Calendar – Item B–2
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez absent).

3. Consider Receiving and Filing Fiscal Year 2024–25 Annual Reports for Montclair Community Facilities District Nos. 2011–1 (Paseos/Alexan) and 2011–2 (Arrow Station)
ACTION – Consent Calendar – Item B–3
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez absent).

4. Consider Approval of the Montclair Housing Authority Fiscal Year 2024–25 SB 341 Compliance Report
ACTION – Consent Calendar – Item B–4
ACTING: City Council
Montclair Housing Authority Commissioners
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez absent).

5. Consider Review and Acceptance of the Montclair Housing Authority Annual Report for Fiscal Year 2024–25
ACTION – Consent Calendar – Item B–5
ACTING: Montclair Housing Authority Commissioners
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez absent).

C. Agreements

1. Consider Approval of Agreement No. 25–76 with Ontario– Montclair School District to Provide Services Related to the Homeless Housing, Assistance and Prevention Program
Round 3 (HHAP–3) Grant, Subject to Any Revisions Deemed Necessary by the City Attorney
MONTCLAIR CITY COUNCIL MEETING – 01/20/2026 Page 98 of 100

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – December 1, 2025 Page 6 of 7 Consider Authorizing the City Manager to Sign Agreement No. 25–76 and Any Other Related Documents to Effectuate HHAP–3 Grant Programs
ACTION – Consent Calendar – Item C–1
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez absent).

D. Resolutions — None
IX. PULLED CONSENT CALENDAR ITEMS — None
X. COMMUNICATIONS
A. Department Reports

1. Human Services — Upcoming Events
Assistant City Manager/Director of Human Services Richter announced and invited the community to participate in the following upcoming events and programs:
• Holly Jolly Holiday, December 4, from 3:00 to 8:30 p.m., featuring snow and vendors followed by the Christmas tree lighting ceremony at 6:00 p.m.
• Montclair Police and Fire Department Spark of Love Toy Drive benefitting the City’s Holiday Food & Toy Basket
Program. Police and Fire personnel will be present at
Costco on two consecutive Fridays, December 5 and 12,
from 10:00 a.m. to 2:00 p.m.
• Holiday Home Decoration Contest nominations are due to the Recreation Center by December 5, at 6:00 p.m.
• Holiday Food & Toy Basket Program donation bins have
been placed around City facilities and partner business locations. Contributions, including monetary, are accepted through December 11.

2. Police — Dashing through Montclair
Police Chief Reed announced the Department’s Dashing through Montclair event is taking place on Saturday, December 6, from noon to 7:00 p.m. Santa’s sleigh will be escorted by emergency vehicles to alert the public, and will follow a designated route throughout the City to reach as many neighborhoods as possible.

Santa’s route can be found on the City’s website, where the public can also track his location live during the event.

B. City Attorney
City Attorney Robbin rescinded her request for the City Council to meet in closed session to discuss the following two matters:

1. Pursuant to Gov. Code §54956.9(d)(2) Regarding Potential Litigation (One Potential Case)

3. Pursuant to Gov. Code §54956(d)(1) Regarding Pending Litigation (Ibanez v. Montclair)
City Attorney Robbins requested the City Council meet in closed session to discuss the following matter as listed on the agenda:

2. Pursuant to Gov. Code §54956.9(d)(4) Regarding Potential Litigation (One Potential Case)
C. City Manager/Executive Director — None
MONTCLAIR CITY COUNCIL MEETING – 01/20/2026 Page 99 of 100

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – December 1, 2025 Page 7 of 7 D. Mayor/Chair
Mayor/Chair Dutrey advised the City Council Policy Manual Workshop is postponed until next year and acknowledged Pearl Harbor Day. He reported attending a regional meeting at which the Caltrans District 8 Director responded positively to the City’s offer to maintain the new freeway ramps, and advised at an upcoming meeting as a board member of the San Bernardino County Transportation Authority Board, he will review and discuss bids received for landscaping along the I–10 freeway. He acknowledged the Public Works Departments on upcoming mulch enhancements to the medians along Moreno Street between Central and Monte Vista Avenues.

E. Council Members/Directors

1. Council Member/Director Mendez extended belated Thanksgiving wishes and acknowledged his planned attendance at upcoming holiday events: the annual Tree Lighting Ceremony and Dashing through Montclair.

2. Council Member/Director Ruh acknowledged Assemblymember Rodriguez for distributing over 750 turkeys, and Senator Susan Rubio for providing nearly 2,000 turkeys to families at the Pomona Fairplex, highlighting the growing needs of the community. He discussed the upcoming anniversary of the bombing of Pearl Harbor, noting 84 years since the attack by Japan which is now an ally; and recognized the Christian Development Center, Our Lady of Lourdes Church, and ARCO Gas Station for their efforts in coordinating food drive donations.

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

1. Personnel Committee — November 17, 2025
XI. CLOSED SESSION
At 8:31 p.m., the City Council went into closed session to discuss potential litigation.

XII. CLOSED SESSION ANNOUNCEMENT
At 9:45 p.m., the City Council returned from closed session. Mayor Dutrey announced that the City Council discussed and information was received from staff related to a matter of potential litigation; and no further announcements would be made at this time.

XIII. ADJOURNMENT
At 9:45 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 – 01/20/2026 Page 100 of 100

Montclair City CouncilJanuary 20, 2026

Montclair City Council
January 20, 2026