CITY OF MONTCLAIR
CITY COUNCIL
SUCCESSOR REDEVELOPMENT AGENCY,
MONTCLAIR HOUSING CORPORATION, MONTCLAIR
HOUSING AUTHORITY, AND MONTCLAIR COMMUNITY
FOUNDATION MEETINGS
AGENDA PACKET
Tuesday, February 17, 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, February 17, 2026
7:00 p.m.
If you want to provide comments on an agenda item, including public hearing and closed session items, please complete a Speaker Card located in the Council Chambers. The Mayor/Chair (or the meeting’s Presiding Officer) will call on those who submitted requests to speak at the appropriate times during the meeting. Written comments (200–word limit per agenda item, and 200–word limit for all non–agenda items combined) can also be emailed to [email protected] at least one hour before the meeting begins.
Watch Council meetings live on the City’s official YouTube Channel at https://www.youtube.com/@cityofmontclair, or via Zoom using the following information: Zoom Link: https://zoom.us/j/93717150550 / Dial Number: 1 (669) 900–6833 / Meeting ID: 937–1715–0550.
Video recordings of Council meetings are available on the City’s website and can be accessed by the end of the business day following the meeting at https://www.cityofmontclair.org/council–meetings/.
AGENDA
I. CALL TO ORDER City Council [CC], Successor Agency Board [SA], Montclair Housing Corporation Board [MHC],
Montclair Housing Authority Commission [MHA],
Montclair Community Foundation Board [MCF]
II. INVOCATION
In keeping with our long–standing tradition of opening our Council meetings with an invocation, this meeting may include a nonsectarian invocation. Such invocations are not intended to proselytize or advance any faith or belief or to disparage any faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation.
III. PLEDGE OF ALLEGIANCE
IV. ROLL CALL
V. PRESENTATIONS — None
VI. PUBLIC COMMENT
During Public Comment, you may comment on any subject that does not appear on this agenda. Each speaker has up to five minutes. The meeting’s presiding officer may provide more or less time to accommodate speakers with special needs or a large number of speakers waiting in line. (Government Code Section 54954.3).
Under the provisions of the Brown Act, the meeting bodies are prohibited from participating in substantial discussion of or taking action on items not listed on the agenda.
VII. PUBLIC HEARINGS — None Page No.
VIII. CONSENT CALENDAR
A. Approval of Minutes
1. Special Meeting — January 12, 2026 [CC] 61
XXXXXXXXXXXXX
MONTCLAIR CITY COUNCIL MEETING – 02/17/2026 Page 1 of 61 Page No.
B. Administrative Reports
1. Consider Receiving and Filing of Treasurer’s Report [CC] 4
2. Consider Approval and Ratification of Warrant Register and Payroll Documentation [CC] 5
3. Consider Receiving and Filing of Treasurer’s Report [SA] 6
4. Consider Approval of Warrant Register [SA] 7
5. Consider Receiving and Filing of Treasurer’s Report [MHC] 8
6. Consider Approval of Warrant Register [MHC] 9
7. Consider Receiving and Filing of Treasurer’s Report [MHA] 10
8. Consider Approval of Warrant Register [MHA] 11
9. Consider Authorizing the Receipt of $11,826 from the FY 2023 State Homeland Security Grant Program [CC]
Consider Authorizing an $11,826 Appropriation from the Public Safety Grant Fund to Purchase Four Thermal Cameras for the Fire Department [CC] 12
10. Consider Authorizing a $975,000 Appropriation from the Regional Early Action Planning (REAP) 2.0 Grant Fund, and a $1,525,000 Appropriation from the Redevelopment Project Area No. III Tax Allocation Bond Fund, for Costs Related to the Fremont Avenue Improvements Project [CC] Consider Authorizing the Plans and Specifications, and Authorizing Staff to Advertise for Bid Proposals, for Construction of the Fremont Avenue Improvement Project [CC] 17
C. Agreements
1. Consider Approval of Agreement No. 26–11 with California Highway Patrol for Use of the Montclair Police Department Firearms Shooting Range, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] 20 D. Resolutions
1. Consider Adoption of Resolution No 26–3507 Approving Agreement No. 26–10, a Joint Exercise of Powers Agreement for Membership in the San Bernardino Regional Housing Trust (SBRHT), Subject to Any Revisions Deemed Necessary by the City Attorney [CC]
Consider Authorizing City Manager Edward C. Starr to Sign Agreement No. 26–10 and Other Documents Related to Participation in the SBRHT [CC]
Consider Appointing Mayor Dutrey to Serve as a Director on the SBRHT Board [CC]
Consider Appointing Economic Development Agency Director Fuentes to Serve on the SBRHT Advisory Committee [CC] 38
IX. PULLED CONSENT CALENDAR ITEMS
MONTCLAIR CITY COUNCIL MEETING – 02/17/2026 Page 2 of 61 Page No.
X. COMMUNICATIONS
A. Department Reports
1. Police Department — Battle of the Badges Blood Drive B. City Attorney
1. Request to Meet in Closed Session Pursuant to GC §54956.9(d)(2) Regarding Potential Litigation (Two Potential Case) [CC]
2. Request to Meet in Closed Session Pursuant to GC §54956.9(d)(4) Regarding Potential Litigation (One Potential Case) [CC]
3. Request to Meet in Closed Session Pursuant to GC §54956(d)(1) Regarding Pending Litigation [CC]
Fuentes/Garcia v. Lopez, City of Montclair
Ibanez v. Montclair
C. City Manager/Executive Director
D. Mayor/Chairperson
1. Calling a Special Meeting of the City Council to be held Monday, March 2, 2026, at 5:30 p.m. in the City Council Chambers for the Midyear Budget Review [CC] E. Council Members/Directors
F. Committee Meeting Minutes (for informational purposes only)
1. Personnel Committee Meeting — February 2, 2026 [CC] 60 XI. CLOSED SESSION
XII. CLOSED SESSION ANNOUNCEMENTS
XIII. 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, March 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, February 5, 2026.
MONTCLAIR CITY COUNCIL MEETING – 02/17/2026 Page 3 of 61
CITY COUNCIL
AGENDA REPORT
DATE: FEBRUARY 17, 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 December 31, 2025.
BACKGROUND: Included in the City Council’s agenda packet is a copy of the Treasurer's Report for the period ending December 31, 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 December 31, 2025.
MONTCLAIR CITY COUNCIL MEETING – 02/17/2026 Page 4 of 61
CITY COUNCIL
AGENDA REPORT
DATE: FEBRUARY 17, 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 January 20, 2026; the Payroll Documentation dated January 11, 2026; and the Payroll Documentation dated January 25, 2026, and recommends their approval.
FISCAL IMPACT: The City Manager authorized the Warrant Register dated January 20, 2026, totaling $3,826,840.84.
The Payroll Documentation dated January 11, 2026, totals $981,465.99 gross, with $673,663.49 net being the total cash disbursement.
The Payroll Documentation dated January 25, 2026, totals $900,287.94 gross, with $645,604.49 net being the total cash disbursement.
RECOMMENDATION: Staff recommends the City Council approve and ratify the above– referenced Warrant Register and Payroll Documentation.
MONTCLAIR CITY COUNCIL MEETING – 02/17/2026 Page 5 of 61
CITY COUNCIL
AGENDA REPORT
DATE: FEBRUARY 17, 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 December 31, 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 December 31, 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 December 31, 2025.
MONTCLAIR CITY COUNCIL MEETING – 02/17/2026 Page 6 of 61
CITY COUNCIL
AGENDA REPORT
DATE: FEBRUARY 17, 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 December 31, 2025, pursuant to state law.
BACKGROUND: Vice Chair Martinez has examined the Successor to the Redevelopment Agency Warrant Register dated 12.01.25-12.31.25 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 December 31, 2025.
MONTCLAIR CITY COUNCIL MEETING – 02/17/2026 Page 7 of 61
CITY COUNCIL
AGENDA REPORT
DATE: FEBRUARY 17, 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 December 31, 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 December 31, 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 December 31, 2025.
MONTCLAIR CITY COUNCIL MEETING – 02/17/2026 Page 8 of 61
CITY COUNCIL
AGENDA REPORT
DATE: FEBRUARY 17, 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 December 31, 2025, pursuant to state law.
BACKGROUND: Vice Chair Martinez has examined the Warrant Register dated 12.01.25–
12.31.25 in the amount of $123,270.74 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 December 31, 2025.
MONTCLAIR CITY COUNCIL MEETING – 02/17/2026 Page 9 of 61
CITY COUNCIL
AGENDA REPORT
DATE: FEBRUARY 17, 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 December 31, 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 December 31, 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 December 31, 2025.
MONTCLAIR CITY COUNCIL MEETING – 02/17/2026 Page 10 of 61
CITY COUNCIL
AGENDA REPORT
DATE: FEBRUARY 17, 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 December 31, 2025, pursuant to state law.
BACKGROUND: Vice Chair Martinez has examined the Warrant Register dated 12.01.25–
12.31.25 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 December 31, 2025.
MONTCLAIR CITY COUNCIL MEETING – 02/17/2026 Page 11 of 61
CITY COUNCIL
AGENDA REPORT
DATE: FEBRUARY 17, 2026
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 9
FILE I.D.: FRD220
DEPT.: FIRE
PREPARER: R. DIERCK
SUBJECT: CONSIDER AUTHORIZING THE RECEIPT OF $11,826 FROM THE FY 2023 STATE
HOMELAND SECURITY GRANT PROGRAM
CONSIDER AUTHORIZING AN $11,826 APPROPRIATION FROM THE PUBLIC SAFETY
GRANT FUND TO PURCHASE FOUR THERMAL CAMERAS FOR THE FIRE DEPARTMENT REASON FOR CONSIDERATION: The City Council is requested to consider authorizing the receipt of $11,826 from the FY 2023 State Homeland Security Grant Program (HSGP) and to authorize an $11,826 appropriation from the Public Safety Grant Fund to purchase four thermal imaging cameras for the Fire.
BACKGROUND: The FY 2023 State Homeland Security Grant Program (HSGP) provides non–matching grant funds to local public safety agencies to enhance preparedness and response capabilities related to terrorism, major disasters, and other high–consequence incidents. Eligible applicants are required to purchase approved equipment in advance and are reimbursed 100 percent of allowable costs through the grant program.
Distribution of HSGP funds is coordinated at the Operational Area (OA) level. The coordinating agency for the City of Montclair is the San Bernardino County Fire Protection District. Through the FY 2023 HSGP, the Montclair Fire Department has been authorized to receive $11,826 in non–matching grant funds. HSGP allocations within San Bernardino County consist of a base allocation of $10,000 per jurisdiction, with the remaining funds distributed on a per–capita basis. The Montclair Fire Department’s total FY 2023 allocation is $11,826.
The Fire Department proposes to use these funds to purchase thermal imaging camera equipment to be assigned to the Medic Truck, Medic Engine, and Medic Squad. The equipment includes FirePro and AttackPro series thermal imaging cameras and associated mounting, charging, and retention accessories to ensure each frontline medic unit is fully equipped and operational. Thermal imaging cameras significantly enhance firefighter and patient safety by allowing personnel to quickly identify heat signatures, locate victims in low–visibility environments, assess fire conditions, and improve situational awareness during structure fires, vehicle incidents, wildland responses, and mass–casualty events. The deployment of these cameras on frontline medic units will improve emergency response effectiveness and align with HSGP objectives to strengthen local and regional preparedness.
The specific equipment requested for purchase includes the following:
• Seek FirePro 300 Thermal Imaging Camera (Model FQ–AAAX) • FirePro 300 Gear Keeper (Model FR–FAA)
• FirePro 300 Truck Charger (Model FC–AAA2)
• FirePro 300 New Engine Truck Bundle (Model FQ–PAVX)
• AttackPro VRS Thermal Imaging Camera (Model FQ–PAVX)
• AttackPro Truck Charger (Model FD–PAA)
• AttackPro Retractor (Model FR–PAL)
MONTCLAIR CITY COUNCIL MEETING – 02/17/2026 Page 12 of 61 All equipment will be procured in accordance with City’s purchasing requirements and FY 2023 HSGP guidelines, with total costs not to exceed the awarded grant amount.
Staff received three quotes for thermal imagine cameras, which are listed below.
Vendor Bid Amount
Witmer Public Safety Group $11,507.47
AllStar $11,866.62
Chief Miller Apparel $13,631.85
While Witmer Public Safety Group offers the lowest quote up front, AllStar is a long–time vendor for the Montclair Fire Department, with a proven track record of exceptional customer service and reliability for its products; therefore, AllStar is the selected vendor for this purchase, as they offer the latest and most up–to–date technology needed for these devices.
FISCAL IMPACT: If approved by the City Council, the purchase of the thermal imaging camera equipment described above will result in an $11,826 appropriation from the Public Safety Grant Fund (1163), Capital Outlay Machinery and Tools account. The City will be reimbursed $11,826 through the FY 2023 State Homeland Security Grant Program. The remaining balance of $40.62 would then be covered by the Fire Department’s equipment budget.
RECOMMENDATION: Staff recommends the City Council take the following actions:
1. Authorize the receipt of $11,826 from the FY 2023 State Homeland Security Grant Program; and
2. Authorize an $11,826 appropriation from the Public Safety Grant Fund to purchase four thermal cameras for the Fire Department.
MONTCLAIR CITY COUNCIL MEETING – 02/17/2026 Page 13 of 61 MONTCLAIR CITY COUNCIL MEETING – 02/17/2026 Page 14 of 61 ____
________
$1,142.46 (9.00%)
$13,631.85
MONTCLAIR CITY COUNCIL MEETING – 02/17/2026 Page 15 of 61 MONTCLAIR CITY COUNCIL MEETING – 02/17/2026 Page 16 of 61
CITY COUNCIL
AGENDA REPORT
DATE: FEBRUARY 17, 2026
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 10
FILE I.D.: STA919B
DEPT.: PUBLIC WORKS
PREPARER: C. STEVENSON
SUBJECT: CONSIDER AUTHORIZING A $975,000 APPROPRIATION FROM THE REGIONAL EARLY ACTION PLANNING (REAP) 2.0 GRANT FUND, AND A $1,525,000 APPRORIATION FROM THE REDEVELOPMENT PROJECT AREA NO. III TAX ALLOCATION BOND FUND,
FOR COSTS RELATED TO THE FREMONT AVENUE IMPROVEMENTS PROJECT
CONSIDER APPROVING THE PLANS AND SPECIFICATIONS, AND AUTHORIZING STAFF
TO ADVERTISE FOR BID PROPOSALS, FOR CONSTRUCTION OF THE FREMONT
AVENUE IMPROVEMENTS PROJECT
REASON FOR CONSIDERATION: The City Council is requested to consider authorizing a $975,000 appropriation from the Regional Early Action Planning (REAP) 2.0 Grant Fund, and a $1,525,000 appropriation from the Redevelopment Project Area No. III Tax Allocation Bond Fund, for costs related to the Fremont Avenue Improvements Project; and approve the plans and specifications and authorize staff to advertise for bid proposal for the Fremont Avenue Improvements Project. Advertising a project for bids is subject to City Council approval.
BACKGROUND: The Fremont Avenue Street Improvements Project, focusing on the portion between Moreno Street and Arrow Highway, will transform the street into a multi– modal corridor, adding safe dedicated bicycle lanes, enhanced and new pedestrian friendly walkways, and landscape to encourage alternate forms of travel. Fremont Avenue serves to inter–tie the planned major high–density residential and commercial developments of Montclair Place south of Moreno Street to the Arrow Highway mixed– use development area, and to the Montclair TransCenter. This walkable and bikeable connection will further the development of affordable housing by opening the local venues to residents and visitors through an accessible street corridor and through desirable access to the City’s regional transit center. The Montclair Transcenter offers a mix of transportation options and reciprocal access opportunities throughout San Bernardino County and to adjoining Los Angeles and Riverside counties for employment, entertainment, shopping, medical services, and transit connections.
Improvements to the Arrow Highway and Fremont Avenue intersection were completed in February 2025. The next phase of improvements to the area commences with those on Fremont Avenue. The Engineering Division of the Public Works Department has finalized the plans and specifications for this phase, and is ready to advertise for bid proposals, anticipating construction to start in early Spring.
FISCAL IMPACT: The estimated project construction cost is $2,500,000. The project will be funded by the REAP 2.0 Non–Federal Reimbursable Grant in the amount of $975,000, and a $1,525,000 appropriation is being requested from the Redevelopment Project Area No. III Tax Allocation Bond Fund, Account No. 1251–0000–52260–400–19036. The cost of advertising this project should not exceed $3,500.
MONTCLAIR CITY COUNCIL MEETING – 02/17/2026 Page 17 of 61 RECOMMENDATION: Staff recommends that the City Council take the following actions in relation to the Fremont Avenue Improvements Project:
1. Authorize a $975,000 appropriation from the REAP 2.0 Grant Fund , and a $1,525,000 appropriation from the Redevelopment Project Area No. III Tax Allocation Bond Fund, for costs related to the Project.
2. Approve the plans and specifications and authorize staff to advertise for bid proposals for the construction of the Project.
MONTCLAIR CITY COUNCIL MEETING – 02/17/2026 Page 18 of 61 Project Name:
Project Details:
Project No. (Assigned by Finance):
Phase Prior Years 2021/2022 2022/2023 2023/2024 2024/2025 2025/2026 Total Fund/Program Environmental
Design
Construction 975,000.00 975,000.00 REAP 2.0
1,525,000.00 1,525,000.00 Redevelopment
Project Area No. III
Total 0.00 0.00 0.00 0.00 0.00 2,500,000.00 2,500,000.00 Approvals:
Department: By: Date:
Finance By: Date:
City Council Date:
Total Project
Cost: 2,500,000.00
Revision Number:
Christian Stevenson, x-444
February 17, 2026
Infrastructure Fund
Capital Project Funding Information
Fremonte Avenue Improvements Project
Improvements to be completed include the full removal and replacement of existing concrete asphalt, replacement and widening of current sidewalks, installation of new hardscaping and landscaping features, and new street lighting along Fremont Ave from Arrow Hwy to Moreno St.
Fiscal Years
Preparation Date: January 26, 2026 Department: Public Works Contact/Ext.:
MONTCLAIR CITY COUNCIL MEETING – 02/17/2026 Page 19 of 61
CITY COUNCIL
AGENDA REPORT
DATE: FEBRUARY 17, 2026
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 1
FILE I.D.: PDT725
DEPT.: POLICE
PREPARER: B. KUMANSKI
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 26–11 WITH CALIFORNIA HIGHWAY
PATROL FOR USE OF THE MONTCLAIR POLICE DEPARTMENT FIREARMS SHOOTING
RANGE, SUBJECT TO ANY REVISIONS DEEMED NECESSARY BY THE CITY ATTORNEY REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 26–11 with California Highway Patrol (CHP) for use of the Montclair Police Department firearms shooting range, subject to any revisions deemed necessary by the City Attorney.
A copy of proposed Agreement No. 26–11with CHP is attached for the City Council's review and consideration.
BACKGROUND: The indoor shooting range at the Montclair Police Department headquarters is used at least two days each month for Montclair Police Department firearms training. When not in use by staff, the facility is rented to other law enforcement agencies to offset costs associated with maintenance.
On November 4, 2024, the City Council approved Agreement No. 24–85, renewing the prior contract between CHP and the City for use of the Montclair Police Department firearms shooting range. However, due to several administrative and personnel turnover issues in CHP’s Contract Servies Unit, Agreement No. 24–85 was never executed by CHP.
In January 2026, CHP again reached out to facilitate a new contract for use of the Montclair Police Department firearms shooting range with the same terms, but revised dates to rent the shooting range three days per month and starts a new three–year term.
Currently, the indoor shooting range is a completely lead–free facility. In addition to potential health benefits, use of lead–free ammunition has resulted in lower range maintenance costs. Staff has determined that $300 per day is a fair and competitive rental amount for use of the shooting range.
Proposed Agreement No. 26–11 details the terms of use of the shooting range by the Department of California Highway Patrol, Rancho Cucamonga Area Office. CHP would be responsible for providing its own supplies, including lead–free ammunition and equipment. The term of proposed Agreement No. 26–11 is January 1, 2026, through December 31, 2028.
FISCAL IMPACT: Approval of proposed Agreement No. 26–11 would net approximately $40,500 in revenue for the City over the term of the agreement, which will be used to offset maintenance costs of the facility.
RECOMMENDATION: Staff recommends that the City Council approve Agreement No. 26–11 with CHP for use of the Montclair Police Department firearms shooting range, subject to any revisions deemed necessary by the City Attorney.
MONTCLAIR CITY COUNCIL MEETING – 02/17/2026 Page 20 of 61
LUANNE TRAZI
January 21, 2026
25C855001-0
Montclair, CA 91763
4870 Arrow Highway
Montclair Police Department
STD 213, Standard Agreement with attached exhibits. Sign the first page of the STD 213 and return.
STD 213A, Standard Agreement Amendment. Sign the first page of the STD 213A, and return.
STD 204, Payee Data Record. Complete and return.
CCC, Contractor Certification Clauses. Complete and return.
Obtain and forward the liability insurance certificate required by the terms of the Agreement.
Resolution, motion, order, or ordinance from the local governing body authorizing this Agreement.
STD 807, Payment Bond. Complete and return one copy.
CalRecycle 74, Postconsumer Recycled-Content Certification. Complete and return.
CHP 28, Voluntary Statistical Data. Complete and return.
Please complete the following marked item(s) and return to the above address within ten (10) business days:
Subject: Agreement Number:
Sincerely,
Contracts Analyst
Contract status:
The enclosed Agreement is signed on behalf of the Department of California Highway Patrol. Process and when approved, return an original to this office.
The enclosed approved Agreement is for your records.
601 North 7th Street, Sacramento, CA 95811 | 916-843-3610 800-735-2929 (TT/TDD)
800-735-2922 (Voice)
CALIFORNIA STATE TRANSPORTATION AGENCY GAVIN NEWSOM, GOVERNOR
AN INTERNATIONALLY
CHP 49 (Rev 4-25) OPI 003 ACCREDITED AGENCY
MONTCLAIR CITY COUNCIL MEETING – 02/17/2026 Page 21 of 61
2. The term of this Agreement is:
Agreement No. 26-11
MONTCLAIR CITY COUNCIL MEETING – 02/17/2026 Page 22 of 61 MONTCLAIR CITY COUNCIL MEETING – 02/17/2026 Page 23 of 61 Department of California Highway Patrol
and Montclair Police Department
Agreement 25C855001
EXHIBIT A
(Standard Agreement)
SCOPE OF WORK
1. Contractor agrees to provide to the Department of California Highway Patrol (CHP) Rancho Cucamonga Area office, the services described herein: Furnish use of Contractor’s weapons firing range facilities including restrooms if available; pay all taxes, insurance, bonds, license and permit fees, maintenance fees and all other direct and indirect costs in accordance with this Agreement.
2. The services shall be performed at:
Montclair Police Department
4870 Arrow Highway
Montclair, CA 91763
3. The services shall be provided during:
CHP use of weapons range shall be restricted to the hours of 3:00 p.m. through 9:00 p.m., Monday through Friday. Contractor and CHP agree the weapons firing range shall be open and usable by members of CHP during these times. Exclusive use or alternative days and/or times for use of the weapons firing range shall be coordinated and mutually agreed upon by both parties.
4. The Project Representatives during the term of this Agreement will be:
STATE AGENCY
Department of California Highway Patrol
CONTRACTOR
Montclair Police Department NAME
Salvador Suarez, Captain
NAME
Brandon Kumanski, Lieutenant
TELEPHONE NUMBER
(909) 980-3994
EMAIL
[email protected]
TELEPHONE NUMBER
(909) 448-3606
EMAIL
[email protected]
Direct all inquiries to:
TATE AGENCY
Department of California Highway Patrol
CONTRACTOR
Montclair Police Department
SECTION/UNIT
Business Services Section, Contract Services Unit
ATTENTION
Brandon Kumanski, Lieutenant
ATTENTION
Lu Anne Trazi, Contract Analyst
ADDRESS
4870 Arrow Highway, Montclair, CA 91763
ADDRESS
601 North 7th Street, Sacramento, CA 95811
EMAIL
[email protected]
TELEPHONE NUMBER
(916) 843-3612
EMAIL
[email protected]
TELEPHONE NUMBER
(909) 448-3606
FAX NUMBER
(909) 626-4892
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EXHIBIT A
(Standard Agreement)
SCOPE OF WORK
5. Detailed description of work to be performed:
A. The use of said weapons range use shall be limited to CHP personnel assigned to the Rancho Cucamonga Area office.
B. CHP agrees that its members using the weapons firing range facilities under this Agreement shall be governed by the range safety rules established by Contractor.
C. Contractor agrees that CHP shall have the use of all on-site facilities located on the range for training programs without additional charge; however, CHP’s use of facilities shall be restricted to organized functions of CHP under direct supervision of certified CHP Range Instructor.
D. The weapons firing range must be able to accommodate the following:
1) .40 caliber pistol (loaded with Department-issued lead-free ammunition). a. Sixteen (16) shoots per year, one (1) each month or two (2) every other month. b. Two (2) qualification shoots which must be performed at the following distances:
two (2) yards, four (4) yards, seven (7) yards, ten (10) yards, fifteen (15) yards, and twenty-five (25) yards.
c. Ten (10) practice shoots, of which two (2) night shoots are recommended. d. Use for make-up shoots at times mutually agreeable to both parties. 2) 223 caliber Tactical rifle (loaded with Department-issued lead-free ammunition. a. Twelve (12) shoots per year (two (2) quarterly shoots). b. Two (2) night shoots required.
c. Distance fifty (50) yards maximum.
3) Shotgun (00 buckshot, lead-free).
a. Eight (8) shoots per year (two (2) quarterly).
b. Two (2) night shoots required.
c. Distance fifteen (15) yards maximum.
E. Inspection and test firing of weapons:
1) All weapons are to be test-fired after each required inspection by the CHP Area Weapons Range Officer.
2) Use of facility to test fire weapons will be coordinated between the CHP Area Weapons Range Officer and the Contractor.
F. CHP will supply targets, lead-free ammunition and other supplies deemed necessary for use of the weapons range.
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and Montclair Police Department
Agreement #25C855001
EXHIBIT A
(Standard Agreement)
SCOPE OF WORK
G. Brass will be retained by Contractor, including all other recyclable metals collected within the ballistic rubber bullet trap. All proceeds from the recycling of the metals will be retained by the Contractor.
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and Montclair Police Department
Agreement #25C855001
EXHIBIT B
(Standard Agreement)
BUDGET DETAIL AND PAYMENT PROVISIONS
1. Invoicing and Payment
A. For services satisfactorily rendered, and upon receipt and approval of the invoices, the State agrees to compensate the Contractor in accordance with the rates specified herein.
B. Invoice shall include the Agreement Number and shall be submitted in duplicate one-month in arrears to:
Name: Ryan Robbe, Lieutenant
Office: Rancho Cucamonga Area office
Address: 9830 Pittsburgh Avenue
Rancho Cucamonga, CA 91730
2. Budget Contingency Clause
A. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement.
B. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State or offer an agreement amendment to Contractor to reflect the reduced amount.
3. Prompt Payment Clause
Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.
4. Rate Schedule
A. CHP agrees to pay Contractor monthly in arrears at the rate listed below for the use of the weapon firing range by the uniformed personnel assigned to the CHP Rancho Cucamonga Area Office.
Daily Rental Rate $300.00
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and Montclair Police Department
Agreement #25C855001
EXHIBIT C - Modified
GENERAL TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS
1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained.
2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.
3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.
4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).
5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement. See Exhibit D, Special Terms and Conditions, Item 10.
6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.
7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor MONTCLAIR CITY COUNCIL MEETING – 02/17/2026 Page 28 of 61 Department of California Highway Patrol
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EXHIBIT C - Modified
GENERAL TERMS AND CONDITIONS
under this Agreement and the balance, if any, shall be paid to the Contractor upon demand.
8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State.
8. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).
9. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination.
Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.)
Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.
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and Montclair Police Department
Agreement #25C855001
EXHIBIT C - Modified
GENERAL TERMS AND CONDITIONS
10. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.
11. TIMELINESS: Time is of the essence in this Agreement.
12. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.
13. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.
14. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below.
A. The Government Code Chapter on Antitrust claims contains the following definitions:
"Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code. 2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550.
B. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552.
C. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were MONTCLAIR CITY COUNCIL MEETING – 02/17/2026 Page 30 of 61 Department of California Highway Patrol
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EXHIBIT C - Modified
GENERAL TERMS AND CONDITIONS
paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.
D. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554.
15. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:
A. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
B. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.
17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.
18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.
19.SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:
A. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code § 14841.)
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EXHIBIT C - Modified
GENERAL TERMS AND CONDITIONS
B. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)
20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)
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and Montclair Police Department
Agreement #25C855001
EXHIBIT D
(Standard Agreement)
SPECIAL TERMS AND CONDITIONS
1. Both the Contractor and CHP reserve the right to cancel this Agreement with thirty (30) days advance written notice to the other.
2. In the event of an unforeseen emergency, CHP or Contractor may cancel this Agreement without prior notice and without compensation to the Contractor.
3. Agreement may be amended by mutual written consent of the parties hereto.
4. Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy and records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et CCR Title 2, Section 1896).
5. Any dispute concerning a question of fact arising under the terms of this agreement which is not disposed within a reasonable period of time ten (10) days by the parties normally responsible for the administration of this contract shall be brought to the attention of the Administrative Services Officer (or designated representative) of each organization for joint resolution.
6. Contractor agrees to provide CHP with a resolution, motion, order or ordinance of the governing body, which authorizes execution of this Agreement, and indicates the individual who is authorized to sign the Agreement on behalf of Contractor.
7. The Montclair Police Department weapons firing range is a completely lead-free firing range. The use of leaded ammunition is strictly prohibited. CHP shall supply and ensure all ammunition discharged is completely lead-free. Any changes or modifications to the type of ammunition to be utilized must be reviewed and approved by the Montclair Police Department prior to use.
8. CHP shall pay for any damage or necessary repairs to the Montclair Police Department weapons firing range resulting from any negligent actions of CHP personnel during usage. This includes cleanup and lead mitigation costs associated with any discharge of leaded ammunition within the weapons firing range.
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and Montclair Police Department
Agreement #25C855001
EXHIBIT D
(Standard Agreement)
9. CHP personnel shall not share the use of the weapons firing range with personnel from any other public agency. Violations of range safety rules, set forth in Attachment 1, attached hereto, may result in immediate termination of CHP’s weapons firing range privileges.
10. CHP shall defend, indemnify and hold the Contractor, its officials, officers, employees, volunteers, and agents (“Contractor Parties”) free and harmless from any and all claims, demands, causes of action, suits, costs, expenses, attorney fees, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any actual or alleged acts, omissions or willful misconduct of CHP, its officials, officers, employees, agents, contractors and subcontractors arising out of or in connection with the performance of this Agreement. The CHP’s obligation to defend the Contractor Parties is not contingent upon there being an acknowledgement or determination of the merit of any claims, demands, actions, causes of action, suits, losses, liability, expenses, errors, omissions and/or costs.
Contractor shall defend, indemnify and hold CHP, its officials, officers, employees, volunteers and agents (“CHP Parties”) from and harmless from any and all claims, demands, causes of action, suits, costs, expenses, attorney fees, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incidents to any actual or alleged acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, contractors and subcontractors arising out of or in connection with the performance of this Agreement. The Contractor’s obligation to defend the CHP Parties is not contingent upon there being an acknowledgement or determination of the merit of any claims, demands, actions, causes of action, suits, losses, liability, expenses, errors, omissions and/or costs.
Neither termination of this Agreement nor completion of the acts to be performed under this Agreement shall release any party from its obligation to indemnify as to any claims or cause of action asserted so long as the event(s) upon which such claim or cause of action is predicated shall have occurred subsequent to the effective date of this Agreement and prior to the effective date of termination or completion.
11. The parties acknowledge that CHP is self-insured.
12. 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 superior of federal district court with jurisdiction over the City of Montclair.
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and Montclair Police Department
Agreement #25C855001
ATTACHMENT 1
Montclair Police Department Range Safety Rules
1. Federal, state, and local firearm laws must be obeyed. Violation of any Range Safety Rule may result in the removal of the violator from the facility.
2. All rules posted within the facility shall be obeyed. Read and understand all rules prior to utilizing the facility.
3. The Montclair Police Department Range Facility consists of several separate areas. All areas are distinctively marked:
Range Foyer: This is the reception area for the range. Only authorized personnel may use the north entry door. All other persons shall utilize the south (public parking lot) entry door. This area is not to be used for the preparation, cleaning, loading, or servicing of firearms.
Range Ready Room: This area is to be utilized for range preparation. Any loaded weapons brought into the range facility are to be unloaded using the projectile containment system mounted on the wall. This area may be used for preparing equipment, loading magazines, or dressing in range safety equipment, ballistic vests, duty-belts, and/or holsters. Due to limited space, a maximum of five persons may prepare to shoot at any given time.
Shooting Range Room: This area includes the firing line. It may only be accessed via the Range Ready Room. Shooters shall not enter or leave the Shooting Range Room with loaded firearms. Range staff members are exempt from this restriction.
Range Control Room: This room is to be used by range staff only and shall not be entered without the authorization of a range staff member.
Weapon Cleaning Room: This area is to be used for the cleaning and servicing of firearms and equipment. A range storage room can be accessed from this room. Peace officers, or those authorized to carry loaded firearms, may reload firearms in the Weapon Cleaning Room prior to departure. The projectile containment system mounted on the wall shall be utilized when loading weapons. Due to limited space, a maximum of five participants may utilize this room at any given time.
Range Office: This area is to be used by range staff only and shall not be entered without authorization from a range staff member. A range storage room can be accessed from this office.
Range Restroom: May be used by those utilizing the range facility.
4. Persons lawfully possessing loaded firearms may enter the range facility with loaded firearms.
Except on the firing line at the direction of a range master, firearms shall be loaded and unloaded utilizing the projectile containment systems located in the Range Ready Room and the Weapon Cleaning Room.
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Agreement #25C855001
5. When entering and the leaving the Shooting Range Room (firing line room), handguns must be unloaded, with actions open, magazines removed and holstered (or unloaded and encased).
Rifles must be unloaded with actions open and magazines removed (or unloaded and encased).
Rifles will be carried safely with the muzzle pointed upward. Persons utilizing the range shall not enter or leave the “Shooting Range” with a loaded firearm.
6. Shooters shall not enter the Shooting Range Room until directed to do so by a member of the range staff. The Shooting Range Room doors shall remain closed during an active course of fire.
7. While in the Shooting Range Room (firing line), firearms will only be loaded and unloaded at the direction of a range master with the muzzle pointed down-range, unless otherwise directed.
8. In order to prevent damage to the range equipment, cross-firing at targets is not allowed unless authorized by a range master.
9. Eye and ear protection shall be utilized in the Shooting Range Room. Ear protection shall be utilized in the Range Ready Room. This includes observers.
10.Food, beverages, and use of tobacco products are prohibited within the range facility.
11. Commands issued by range masters and range personnel must be obeyed immediately.
12. The Montclair Police Department weapons firing range is a completely lead-free range. To prevent lead contamination in the shooting range, personnel shall only use ammunition with “lead-free primers, lead-free powder, and lead-free projectiles.” Only approved lead-free ammunition may be fired within the range. Range masters shall be responsible for ensuring only lead-free ammunition is brought into the shooting range room and shall verify any ammunition being brought into the shooting range room is of the approved type.
13.Taser, Beanbag, Pepperball, and other similar less lethal primer fired projectile systems are prohibited within the range.
14.Personnel may not shoot rifle ammunition over .223/5.56 caliber.
15.Personnel using shotguns at the range shall not use the target carrier to hold the target. When firing shotguns, the target carriers shall remain at the “ home” position.
16.Personnel shall clean the range facility at the end of the shooting period, including the removal of all expended casings, and debris. Instructions on proper cleaning techniques will be provided to range staff.
17.Steel targets shall not be used in the range facility.
18. No vehicles shall be allowed inside the range facility without the advanced approval of the Montclair Police Department Support Services Lieutenant.
MONTCLAIR CITY COUNCIL MEETING – 02/17/2026 Page 36 of 61 Department of California Highway Patrol
and Montclair Police Department
Agreement #25C855001
ATTACHMENT 1
Montclair Police Department Range Safety Rules
19.Personnel shall report all injuries or property damage to the Montclair Police Department Watch Commander, who will forward the information to Montclair Police Department Support Services Lieutenant.
20.All shooters must utilize proper personal safety equipment as required by their agency’s policy and/or range staff.
21. Unsafe conditions, defective equipment, and facility repair requests should be reported immediately to a range staff member. Conditions requiring repair or alteration shall be reported to the Montclair Police Department Support Services Lieutenant.
22.ALWAYS practice basic firearms safety:
A. ALWAYS point the muzzle in a safe direction
B. Keep your finger off the trigger until the command to fire has been given.
C. ALWAYS be sure of the target and what is beyond
D. ALWAYS treat the firearm as if it were loaded
E. Shoot only at authorized targets
F. When making a firearm “ safe,” visually and physically inspect the firearm G. OBEY all commands given by range staff
MONTCLAIR CITY COUNCIL MEETING – 02/17/2026 Page 37 of 61
CITY COUNCIL
AGENDA REPORT
DATE: FEBRUARY 17, 2026
SECTION: CONSENT - RESOLUTIONS
ITEM NO.: 1
FILE I.D.: COG300
DEPT.: ECONOMIC DEV.
PREPARER: M. FUENTES
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 26–3507 APPROVING AGREEMENT NO. 26–10, A JOINT EXERCISE OF POWERS AGREEMENT FOR MEMBERSHIP IN THE SAN
BERNARDINO REGIONAL HOUSING TRUST (SBRHT), SUBJECT TO ANY REVISIONS
DEEMED NECESSARY BY THE CITY ATTORNEY
CONSIDER AUTHORIZING CITY MANAGER EDWARD C. STARR TO SIGN AGREEMENT NO. 26–10 AND OTHER DOCUMENTS RELATED TO PARTICIPATION IN THE SBRHT
CONSIDER APPOINTING MAYOR DUTREY TO SERVE AS A DIRECTOR ON THE SBRHT BOARD
CONSIDER APPOINTING ECONOMIC DEVELOPMENT AGENCY DIRECTOR FUENTES TO
SERVE ON THE SBRHT ADVISORY COMMITTEE
REASON FOR CONSIDERATION: The City Council is requested to consider adoption of Resolution No. 26–3507 approving Agreement No. 26–10, a Joint Exercise of Powers Agreement (JPA) for membership in the San Bernardino Regional Housing Trust (SBRHT), subject to any revisions deemed necessary by the City Attorney; authorizing City Manager Edward C. Starr to sign Agreement No. 26–10 and other documents related to participation in the SBRHT; appointing Mayor Dutrey to serve as a Director on the SBRHT Board; and appointing Economic Development Agency Director Fuentes to serve on the SBRHT Advisory Committee.
These actions would approve the City’s participation in the establishment of the SBRHT, a JPA led by the San Bernardino Council of Government (SBCOG), of which the City is a member. A copy of the proposed resolution and agreement are attached for City Council review and consideration.
BACKGROUND: The City Council prioritizes addressing the housing needs of the community, but the ongoing housing affordability crisis remains a complex challenge that is increasingly difficult to resolve by individual municipalities acting in isolation.
California faces a significant housing supply and affordability gap spurred by high land costs, rising construction costs, and limited financing options for low– to moderate– income housing developments. These challenges have become localized with compounding, interrelated impacts on housing supply, homelessness, and municipal economies.
To address these systemic challenges, SBCOG spearheaded establishment of the San Bernardino Regional Housing Trust (SBRHT). This initiative serves as a comprehensive regional strategy designed to facilitate the production and preservation of affordable housing through coordinated investment and administrative oversight.
MONTCLAIR CITY COUNCIL MEETING – 02/17/2026 Page 38 of 61 What Are Housing Trust Funds?
A housing trust fund is a program or independent organization that raises funding dedicated to housing production, preservation, and related activities. A housing trust can provide a mechanism for local agencies to make ongoing investments in affordable housing using both direct revenues and leveraged matching funds from state and federal sources available exclusively for housing trust programs. Housing trusts offer many benefits, including serving as a flexible source of gap financing for affordable housing, providing regions with the ability to compete for otherwise restricted state funds, increasing homeownership opportunities through down–payment assistance for lower– income families, and supporting homeless assistance.
Characteristics of California Housing Trusts
Housing trusts in California have become increasingly popular as jurisdictions seek solutions to the statewide housing crisis. Local and regional housing trusts generally share three primary characteristics:
• They receive ongoing revenues rather than being dependent on annual appropriations from general funds.
• Funds are primarily designated to support affordable housing rather than market– rate housing; state and federal matching funds, as well as most dedicated tax revenues, are exclusively available for affordable housing. • They benefit from funding sources not restricted to housing activities and may utilize the flexibility of offsetting public fund allocations with revenue captured from the private sector.
The following provides profiles of existing local and regional housing trusts in California. • Silicon Valley Housing Trust (Housing Trust Silicon Valley): This trust operates as a 501(c)(3) nonprofit and has a well–established history of leveraging private sector funding. It focuses on bridge loans, down–payment assistance, and homelessness services, often partnering with major technology firms for capital. • Housing Trust of Humboldt County: A JPA model that focuses on rural housing needs. It primarily utilizes state grant funding and local jurisdictional contributions to provide first–time homebuyer assistance and revolving construction loans.
• San Diego Housing Trust Fund: Managed by the San Diego Housing Commission, this trust utilizes a linkage fee on commercial development as a primary recurring revenue source. It is one of the oldest and most robust municipal housing trusts in the state, focusing heavily on permanent supportive housing and preservation. • Orange County Housing Finance Trust: Established as a JPA between the County of Orange and participating cities, this model mirrors the proposed structure for San Bernardino. It focuses on regional coordination to secure state matching funds for permanent supportive housing projects.
• Sacramento Housing and Redevelopment Agency (SHRA): Operating as a combined city–county JPA, this agency manages a variety of housing trust funds supported by inclusionary housing fees and local general fund allocations. • San Mateo County Housing Endowment and Regional Trust (HEART): A JPA and nonprofit hybrid that provides technical assistance and gap financing for workforce housing. It is known for its "Green Livable ADU" program, which provides education and assistance for accessory dwelling unit development.
MONTCLAIR CITY COUNCIL MEETING – 02/17/2026 Page 39 of 61 • San Gabriel Valley Regional Housing Trust (SGVRHT): A JPA that focuses on site acquisition for workforce housing and homelessness services, often collaborating with local nonprofit service providers.
What is the San Bernardino Regional Housing Trust (SBRHT)? In 2021, the City/County Managers Technical Advisory Committee (CCMTAC) of the San Bernardino Council of Governments (SBCOG) formed an ad hoc subcommittee to explore the feasibility of implementing a regional housing trust fund. At the direction of the CCMTAC Subcommittee, in January 2022, SBCOG released the San Bernardino Regional Housing Trust White Paper, which detailed the potential benefits, structures, and an assortment of relevant case studies regarding the formation of the SBRHT.
The following summary details the key points from the San Bernardino Regional Housing Trust (SBRHT) White Paper:
Regional Housing Context
• Affordability Crisis: San Bernardino County faces a critical housing shortage where supply has not kept pace with population growth, leading to increased home prices and significant household overcrowding.
• Impact of Redevelopment Loss: The loss of state redevelopment funds removed a vital financing tool that previously covered 30% to 60% of per–unit costs for affordable housing projects.
• Cost Burden: Up to 60% of homeowners and 80% of renters in some local communities spend more than 30% of their gross income on housing, increasing the risk of homelessness.
The Housing Trust Model
• Purpose: A housing trust fund acts as a dedicated program to raise and deploy funds for affordable housing production, preservation, and supportive homelessness services.
• Core Function: The Trust primarily provides gap financing, acting as a bridge between private sector loans and the total capital needed to initiate construction.
• Leverage: Participation allows local jurisdictions to pool resources and compete for exclusive State and federal matching funds, such as the Local Housing Trust Fund (LHTF) grant.
Governance and Strategy
• JPA/Nonprofit Hybrid: The report recommends a JPA structure combined with a nonprofit component to maximize both government support and private sector funding flexibility.
• Regional Collaboration: This model fosters multi–jurisdictional cooperation, reducing the administrative burden and duplication of efforts for individual cities while addressing housing as a regional issue.
• Staffing Efficiency: By utilizing SBCOG's existing infrastructure, the Trust can leverage in–house administrative expertise to minimize overhead and operational costs.
MONTCLAIR CITY COUNCIL MEETING – 02/17/2026 Page 40 of 61 Funding and Programming
• Diverse Revenue Streams: Proposed funding sources include member agency dues, Permanent Local Housing Allocation (PLHA) funds, and private industry investments through the Community Reinvestment Act (CRA). • Revolving Loan Fund: The Trust’s primary program will be a revolving loan fund, focusing initially on short–term, low–interest construction and bridge loans to developers.
• Long–Term Growth: As the Trust stabilizes, it can expand its scope to include land acquisition, predevelopment loans, and homeownership down–payment assistance.
What is the San Bernardino Regional Housing Trust (SBRHT) Strategic Plan? Following the release of the White Paper, SBCOG released the SBRHT Strategic Plan. This plan assessed regional housing needs and identified funding source opportunities, financing options, and activities that could be supported by the Trust.
The Strategic Plan serves as a foundational roadmap for establishing the San Bernardino Regional Housing Trust (SBRHT) as a JPA. Administered by the San Bernardino Council of Governments (SBCOG), the SBRHT aims to address the region’s critical housing shortage by leveraging existing staff expertise and pooling regional resources to secure state and federal funding.
Housing Needs Assessment
• Affordability Crisis: San Bernardino County faces a significant gap in affordable housing driven by high land costs and rising construction expenses. • Low–Income Shortfall: There is a current shortfall of 59,882 units for very low– and extremely low–income renters.
• Cost Burden: Approximately 50% of lower–income households in the County are "cost–burdened," spending more than 30% of their gross income on housing.
• Production Gaps: During the 5th Cycle Regional Housing Needs Allocation (RHNA), the County only met 10% of its lower–income unit production target.
Priority Activities and Programs
The Trust will focus on high–priority implementation actions to stabilize the regional housing market:
• Gap Financing: Providing competitive grants or low–interest loans to bridge the funding gap for affordable housing developments.
• Housing Preservation: Supporting the rehabilitation of existing structures as a cost–effective alternative to new construction.
• Land Banking: Strategically acquiring and holding land for future affordable housing projects to mitigate rising property costs.
• Homelessness Solutions: Funding the development and operation of emergency shelters and permanent supportive housing.
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The SBRHT is designed to be self–sustaining through diverse revenue streams:
• Grant Pursuits: The Trust will prioritize state matching programs, such as the Local Housing Trust Fund (LHTF), which provides dollar–for–dollar matches up to $5 million annually.
• Revolving Loan Fund: Establishing a continuous stream of revenue through interest gained from construction and gap financing loans. • Private Donations: Utilizing a 501(c)(3) nonprofit component to accept charitable contributions from regional employers and philanthropic organizations.
• VMT Mitigation Bank: Exploring revenues generated through credit purchases for Vehicle Miles Traveled (VMT) reduction.
Administrative Framework
• Cost Allocation: Administrative costs will be distributed among member agencies using a population–based membership fee, ranging between $15,000 and $35,000 annually.
• Governance: The Trust will be governed by a Board of Directors composed of locally elected representatives and non–elected housing policy experts to ensure regional accountability and technical oversight.
Following robust outreach to all 24 jurisdictions in San Bernadino County, the SBCOG Board of Directors authorized the formal establishment of the SBRHT in April 2023.
Currently the Cities of 29 Palms, Adelanto, Barstow, Big Bear, Chino Hills, Chino, Colton Fontana, Needles, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Upland, Yucaipa, Yucca Valley and the County of San Bernardino submitted letters of interest to SBCOG in joining the SBRHT.
As such, it is anticipated that the above mentioned cities and county will become member agencies of the SBRHT upon approval of the JPA by each agencies’ respective elected bodies.
Senate Bill 20 Joint Powers Agreements: Regional Housing Trust (2023) California Senate Bill (SB) 20 authorizes two or more cities, by entering into a JPA pursuant to the Joint Exercise of Powers Act, to create a regional housing trust for the purposes of funding housing to assist the homeless population and persons and families of extremely low–, very low–, and low–income within their jurisdictions. SB 20 requires a regional housing trust created pursuant to these provisions to be governed by a board of directors consisting of a minimum of nine directors. SB 20 authorizes a regional housing trust to fund the planning and construction of housing, receive public and private financing and funds, and authorize and issue bonds, as specified. SB 20 requires the joint exercise of powers agreement establishing the regional housing trust to incorporate specified annual financial reporting and auditing requirements.
By utilizing the specific provisions of SB 20, the SBRHT is positioned as an early adopter of SB 20, which serves to draw critical recourse from the state legislature that may benefit the SBRHT during the pursuit of competitive state funding. Furthermore, leveraging the broader authority granted under the Joint Exercise of Powers Act provides the SBRHT with the necessary flexibility to exercise powers common to its member agencies.
MONTCLAIR CITY COUNCIL MEETING – 02/17/2026 Page 42 of 61 SBRHT Governing Structure
The governing structure of the SBRHT will be centralized under a Board of Directors, which is entrusted to exercise all powers and authority on behalf of the organization.
This Board will consist of locally elected representatives from each participating member agency, ensuring regional representation, complemented by at least two housing policy experts. These subject–matter experts are selected through a formal vote by the elected membership of the Board. To support its administrative functions, the Board will elect leadership officers—including a Chairperson and Vice Chairperson—and retain the authority to establish advisory committees as needed.
Additionally, the SBRHT may contract for professional administrative staff or services.
The Board maintains responsibility for the adoption of bylaws, budget oversight, and ensuring strict legal compliance with California’s Joint Exercise of Powers Act and related statutes. All meetings are subject to the requirements of the Brown Act. Collectively, this governance model balances local government representation with essential technical expertise while maintaining the Trust’s independence from individual member agencies.
The SBRHT will also have an advisory committee made up of staff members from the various member agencies.
Proposed Agreement No. 26–10
The following points summarize the terms of Agreement No. 26–10, a Joint Exercise of Powers Agreement for membership in the San Bernardino Regional Housing Trust:
1. Purpose:
• Establishes an independent organization responsible for the joint acquisition, financing, and administration of housing activities.
• Targets beneficiaries experiencing homelessness or falling within extremely low– to moderate–income thresholds.
• Ensures that the debts and liabilities of the SBRHT do not constitute obligations of the individual Member Agencies.
2. Powers:
• General Powers: SBRHT possesses all powers common to the Member Agencies necessary to accomplish its purpose.
• Specific Authorities: Authorized to solicit grants, issue bonds/notes, and provide loans for housing projects.
• Limitations: The Trust is strictly prohibited from regulating land use, levying impact fees, or requiring inclusionary zoning.
3. Term and Termination
• Effective Date: The Agreement becomes effective once approved by at least three eligible Member Agencies.
• Dissolution: Requires consent from a majority of Member Agencies and the full liquidation of all liabilities.
• Asset Distribution: Upon termination, remaining assets are distributed to members in proportion to their contributions.
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4. Governance
• Board Composition: Governed by a Board of Directors of at least five members. • Representation: A majority must be locally elected officials, complemented by at least two non–elected housing policy experts.
• Terms: Directors serve two–year terms with no limit on reappointments.
5. Budgets and Financing
• Fiscal Year: Commences on July 1 and ends on June 30. • Budget Requirements: The Board must adopt an annual budget that distinguishes between administrative operating costs and program costs. • Individual Contributions: Specific member roles or funding levels are mutually agreed upon between the Agency and the SBRHT.
6. Financial Management
• Treasurer/Auditor: The Board must appoint an officer (either a Member Agency treasurer or a CPA) to manage SBRHT funds.
• Accountability: Strict accountability is required for all receipts and disbursements.
• Annual Reporting: The Trust must publish an Annual Financial Report describing funds received and their use.
7. Additional Officers and Staffing
• Administrative Support: The Board may contract for staff with a Member Agency, the SBCOG, or independent contractors.
• Independence: Contracted staff are not deemed employees of any individual Member Agency.
• Liability: Retirement liabilities associated with contracted agency employees do not constitute a liability of the SBRHT.
8. Meetings
• Frequency: The Board must schedule at least two regular meetings each fiscal year.
• Public Access: All meetings are subject to the Brown Act. • Quorum: Established if at least a majority of Directors are present.
9. Bylaws
• Adoption: The Board shall adopt and may periodically amend bylaws for the conduct of its affairs.
• Consistency: All bylaws must remain consistent with the JPA.
10. Fees
• Administrative Fees: Member Agencies must pay annual contributions toward budgeted administrative costs.
• Payment Terms: Fees are due within 30 days of receipt of an invoice.
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11. New Members
• Approval: New agencies are added via a majority vote of the Directors present. • Effectiveness: Membership is effective immediately upon execution of the Agreement by the new agency.
12. Withdrawal
• Process: Requires a resolution from the agency’s governing board. • Timing: Becomes effective at the end of a fiscal year, following at least six months' notice.
• Forfeiture: Withdrawing members forfeit claims to SBRHT property and will not receive reimbursement for past contributions.
13. Amendments
• Requirement: This Agreement may generally be amended only by a writing executed by all Member Agencies.
14. Assignments; Other Agreements
• Restrictions: No Member Agency may assign rights or obligations without the written consent of all other members.
• Non–Exclusivity: Participation does not preclude members from entering into similar agreements with other jurisdictions.
15. Non–Liability for Obligations of SBRHT
• Indemnification: The SBRHT shall defend and hold harmless each Member Agency from claims arising out of the Trust's acts.
• Negligence: Agencies remain liable for their own negligent acts or wrongful omissions.
• Financing Liability: The Trust shall establish a liability reserve fund, purchase insurance, or join a JPIA to fund its indemnity obligations.
16. Confirmation of Jurisdictional Authority
• Sovereignty: Member Agencies retain all jurisdictional authority granted by the State or their respective Charters.
17. No Limitation:
SBRHT powers shall not serve to limit or restrict a Member Agency's individual authority.
It should be noted that SBCOG staff, as well as staff from the various cities and county agencies contemplating joining SBRHT, are working on developing a final agreement outlining the terms and conditions of the JPA. SBCOG staff has requested that all cities wishing to join the SBRHT adopt a resolution authorizing entering into the SBRHT in order to submit a grant funding application to the State of California that would provide for start up funds.
MONTCLAIR CITY COUNCIL MEETING – 02/17/2026 Page 45 of 61 FISCAL IMPACT: Participation in the SBRHT would require an annual membership contribution toward administrative and operational costs. Administrative costs will be distributed among the member agencies—including the county and up to 18 cities— utilizing a population–based membership fee.
Costs for the first and second year of operation of the SBRHT are estimated at $296,312 and $390,540, respectively. By its third operating year, at which time the SBRHT should be fully operational, the total regional administrative costs are estimated at $472,149 for a full program year.
The regional administrative budget for the SBRHT supports executive leadership, core administrative staff, and contracted services including legal support, insurance, and program implementation. Based on current regional projections, the annual membership fee is expected to range between $15,000 and $35,000, calculated based on the City's population distribution relative to other member agencies.
As such, staff anticipates allocating a maximum of $35,000 per year for the first three years of membership in the SBRHT.
RECOMMENDATION: Staff recommends the City Council take the following actions:
1. Adopt Resolution No. 26–3507 approving Agreement No. 26–10, a Joint Exercise of Powers Agreement for membership in the San Bernardino Regional Housing Trust (SBRHT), subject to any revisions deemed necessary by the City Attorney;
2. Authorize City Manager Starr to execute all other documents related to participation in the SBRHT;
3. Appoint Mayor Dutrey to serve as a Director on the SBRHT Board; and
4. Appoint Economic Development Agency Director Fuentes to serve on the SBRHT Advisory Committee.
MONTCLAIR CITY COUNCIL MEETING – 02/17/2026 Page 46 of 61 Resolution No. 26–3507 Page 1 of 2
RESOLUTION NO. 26–3507
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MONTCLAIR APPROVING AGREEMENT NO. 26–10, A
JOINT EXERCISE OF POWERS AGREEMENT RELATING TO
MEMBERSHIP IN THE SAN BERNADINO REGIONAL
HOUSING TRUST
WHEREAS, The San Bernardino Regional Housing Trust (SBRHT) will be formed upon the approval of at least three qualified members as a joint powers authority between Member Agencies throughout the San Bernardino Council of Governments region (Region); and
WHEREAS, SBRHT was created for the purpose of funding housing specifically assisting persons and families of extremely low–, very low–, low– and moderate–income within the region; and
WHEREAS, the City of Montclair is committed to increasing the supply of affordable housing and addressing the housing needs of residents across all income levels; and
WHEREAS, the City of Montclair determined that there are limited financial resources for affordable housing development and that additional local financing will increase the competitiveness of individual projects for the State and Federal resources; and
WHEREAS, the SBRHT provides an opportunity to raise and pool funds to support the development of affordable and workforce housing including the development of financing, preservation and rehabilitation of such housing; and WHEREAS, the City of Montclair and the SBRHT find it in their mutual economic interest to address the housing needs of their residents on a regional level; and WHEREAS, the City of Montclair determined that it is in the public interest and for the public benefit that the City of Montclair become a member of the SBRHT to further facilitate the development of affordable housing in the City of Montclair and throughout the region, including the financing of projects therefore by the SBRHT; and WHEREAS, the City of Montclair will be joining other jurisdictions that are members of the SBRHT in efforts to increase State and Federal resources for affordable housing directed to SBRHT; and
WHEREAS, the Agreement has been filed with the City of Montclair, and the members of the City of Montclair with the assistance of its staff, have reviewed said document; and
WHEREAS, the SBRHT is authorized to issue grants and loans to developers for the purpose, among others, of financing and refinancing the construction, acquisition, and rehabilitation of affordable housing; and
WHEREAS, the City of Montclair anticipates there will be affordable housing projects in need of financing located in the City of Montclair; and WHEREAS, the SBRHT shall be legally independent from the City of Montclair and its debts, liabilities, and obligations shall not constitute those of the City of Montclair unless expressly agreed to by both parties; and
WHEREAS, local land use authority remains fully vested in the City of Montclair and nothing in the Joint Exercise of Powers Agreement shall be construed to transfer, limit, or otherwise affect the City of Montclair’s sovereign authority over land use decisions; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Montclair hereby resolves as follows:
Section 1. The above recitals are true and correct and are a substantive part of this Resolution.
Section 2. The City Council finds it to be in the best interest of the City of Montclair and its residents to join the SBRHT and support regional housing solutions.
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Section 3. The City Council of the City of Montclair hereby authorizes the City of Montclair’s membership in the San Bernardino Regional Housing Trust (SBRHT).
Section 4. The adoption of this Resolution shall not obligate the City of Montclair or any department thereof to (i) provide any financing to acquire, construct or operate any Project or any refinancing of any Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, improvement, rehabilitation or operation of any Project; (iii) require any contribution or advance any funds whatsoever to the SBRHT other than membership fees for administrative costs; or (iv) except as provided in this Resolution, take any further action with respect to the SBRHT or its membership therein.
SECTION 5: The City Council of the City of Montclair authorizes City Manager Edward Starr to sign Agreement No. 26–10 on behalf of the City of Montclair, subject to any revisions deeded necessary by the City Attorney.
SECTION 6: The City Clerk shall certify the adoption of this Resolution.
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. 26–3507 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 – 02/17/2026 Page 48 of 61 Agreement No. 26–10
Joint Exercise of Powers Agreement
SAN BERNARDINO REGIONAL HOUSING TRUST
THIS JOINT EXERCISE OF POWERS AGREEMENT (“Agreement”) is made this 17th day of February, 2026 (“Effective Date”) pursuant to Government Code § 6500 et seq., including but not limited to Government Code 6539.1, and other pertinent provisions of law, by and between San Bernardino County (the “County”) and those cities within San Bernardino County who become signatories to this Agreement (“Cities”), and relates to the joint exercise of powers among the signatories hereto, each of which is hereafter referred to as “Member Agency” and collectively referred to as “Member Agencies” or “Members”.
RECITALS
A. The Member Agencies have determined that a shortage of affordable housing exists as a result of various causes and wish to provide additional housing opportunities in a coordinated and comprehensive manner. The Member Agencies acknowledge that an adequate supply of housing will provide social and economic benefits to residents and taxpayers of each Member Agency.
B. Each Member Agency has the individual power to plan, acquire, manage, regulate, operate, finance and control the development, construction and operations of housing programs generated within its jurisdictional boundaries, as well as to create and issue development agreements for such activities. Nothing contained in this Agreement shall preclude any Member Agency from establishing, maintaining or providing programs or services to its respective residents as it deems proper or necessary.
C. The Member Agencies find it in their mutual economic interest to address housing needs of their residents on a regional level.
D. The Member Agencies desire to act in the public interest to lessen the burden on government by reducing the need for each Member Agency to act individually, and to provide charitable support for housing within their geographic boundaries.
E. California Government Code § 6500 et seq. (“Joint Exercise of Powers Act” or “Act”) permits two or more public agencies to create joint powers authorities for the purposes set forth herein, permits the agencies to exercise jointly any power that the public agencies could exercise separately, and further grants certain additional powers to such joint power authorities.
F. California Government Code § 6539.1 authorizes the creation of a regional housing trust pursuant to the Joint Exercise of Powers Act, subject to certain requirements regarding governing composition and annual financial and auditing requirements.
G. Local land-use decisions remain solely with each party. Nothing in this Agreement deprives any party of its sovereign powers with respect to land use nor transfers such powers to this joint powers authority.
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NOW, THEREFORE BE IT RESOLVED that the Member Agencies do hereby establish the entity to be known as the San Bernardino Regional Housing Trust, or SBRHT, to generate and/or maintain housing, disburse funding, and take other actions that will result in permanent additions to the housing stock within SBRHT’s jurisdictional boundaries, and do hereby agree as follows:
1. Purpose.
1.1 The purpose of this Agreement is to establish an organization that shall be responsible for the joint acquisition, management, operation, fundraising, planning, adoption, financing, administration, review, monitoring, and reporting of certain housing activities in the region for the benefit of those experiencing homelessness and extremely low-, very low-, low-, and moderate-income households, as defined in Section 50093 of the Health and Safety Code. By entering this joint powers authority Agreement, the Member Agencies seek to gain economic benefits not realized when operating individually. Further, the establishment of this joint powers authority provides for the economic viability and coordination of housing program financing and facilities throughout SBRHT’s jurisdictional boundaries.
1.2 SBRHT shall be an entity which is legally independent from the parties to this Agreement and shall be responsible for the administration of this Agreement.
1.3 The assets, rights, debts, liabilities, and obligations of SBRHT shall not constitute assets, rights, debts, liabilities, and obligations of any of the Member Agencies. However, nothing in this Agreement shall prevent any of the Member Agencies from separately contracting for, or assuming responsibility for, specific debts, liabilities, or obligations of SBRHT, provided that the SBRHT Board of Directors (“Board”) and the Member Agency approve, in writing signed by each party, such contract or assumption.
2. Powers.
2.1 General Powers. SBRHT shall have all the powers common to the Member Agencies of this agreement necessary or convenient, specified or implied, to accomplish the purpose of this Agreement as set forth in Section 1 above. Said powers shall be exercised in the manner provided in the Joint Exercise of Powers Act, including without limitation all powers set forth in Government Code section 6539.1.
2.2 Specific Powers. Without limiting the generality of the powers conferred in subdivision 2.1 of Section 2, SBRHT is authorized to act on any or all of the following matters, as each Member Agency could act separately, and as it deems in the best interest of its Members, to the extent permitted by any and all applicable laws, codes, ordinances, resolutions, and regulations:
a. Facilitate and assist the Member Agencies and others in the housing sector to acquire, construct, rehabilitate, finance, refinance, operate, regulate, and maintain housing programs, projects, and facilities.
b. Coordinate and collaborate with Member Agencies on funding solicitations and other opportunities for the purposes set forth in this Agreement to minimize and avoid, where possible, competition and redundancy in the pursuit of funding.
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c. Facilitate the planning, study, and recommendation of proper and appropriate SBRHT programs, activities, and management practices, including the research and study of issues related to housing.
d. Educate the public, Member Agencies, and other agencies and entities on SBRHT programs. e. Provide for or enter into agreements to provide for administrative, financial, construction, engineering, legal, audit, and any other professional services supporting any of the SBRHT programs or activities.
f. Solicit, apply for, accept, and receive grants, donations, advances, and contributions. g. Sue and be sued in its own name.
h. Incur and discharge debts, liabilities, and obligations which may include but shall not be limited to being in the form of secured bonds, revenue bonds, or other forms of secured or unsecured debt.
i. Issue bonds or notes and associated covenants, for designated purposes, subject to state law. j. Acquire or protect any necessary security or leasehold interests involved in loans, bonds, notes, or other financing methods implemented to carry out the purpose of this Agreement. k. Acquire, hold, lease, improve, construct, rehabilitate, maintain, pledge, assign, mortgage, operate, and dispose of real and personal property as may be necessary and appropriate in connection with the creation, construction, financing, development, and maintenance of certain workforce and affordable housing and the programmatic needs of SBRHT. l. Issue and receive loans.
m. Acquire such insurance protection as it deems necessary. n. Adopt, as authorized by California law, resolutions and ordinances necessary to carry out the purpose of this Agreement.
o. Establish advisory committees or subcommittees as necessary. p. Form wholly-owned and controlled affiliate entities to accomplish any of its purposes. q. Adopt bylaws and such other rules and procedures as may be deemed necessary. r. Convey real and/or personal property interests and/or funds. s. Any other acts necessary to carry out the above identified actions that each Member Agency is empowered to take individually.
2.3 SBRHT shall undertake, facilitate, and encourage the acquisition, creation, construction, development, and maintenance of certain affordable housing programs, projects, and facilities.
2.4 Limitation on Powers. This Agreement does not authorize SBRHT to do any of the following:
a. Regulate land use within the jurisdiction of any of the Member Agencies; MONTCLAIR CITY COUNCIL MEETING – 02/17/2026 Page 51 of 61 Agreement No. 26–10
b. Levy, or advocate or incentivize the levying of, any land use exaction, such as an impact fee, charge, dedication, reservation or tax assessment, as a condition of approving the funding for or approval of, a development project;
c. Require inclusionary zoning requirements;
d. Fund or otherwise approve an agreement for a housing project that is not permitted by the Member Agency within whose jurisdiction the project is proposed to be located; or e. Require any Member Agency to accept or provide any specific number of housing units as a prerequisite to joining or remaining a party to this Agreement.
3. Term and Termination
3.1 This Agreement shall be effective, and SBRHT shall come into existence, on the Effective Date, which shall be the date upon which this Agreement has been approved by at least three eligible Member Agencies.
3.2 This Agreement shall continue until terminated or dissolved pursuant to Section 3.3 of this Agreement. However, in no event shall the Member Agencies terminate or dissolve SBRHT if its termination or dissolution would conflict with or violate the terms or conditions of any bonds, financial instruments, or related documentation by or on behalf of SBRHT, including, without limitation, indentures, resolutions, and letter of credit agreements.
3.3 This Agreement may be terminated by consent of a majority of the Member Agencies, and upon full and complete liquidation of all liabilities, including, but not limited to, any bonds, consistent with Section 3.2. Upon such liabilities being paid, the assets of SBRHT shall be distributed to the Member Agencies in proportion to the contributions of each Member Agency to SBRHT and the amounts paid by each Member Agency in connection with SBRHT’s activities.
4. Governance
4.1 Members. The Member Agencies of SBRHT shall be the parties to this agreement who have not withdrawn from SBRHT, and such other entities that may join SBRHT after execution of this Agreement. New Members may join based on the terms and conditions set forth in Section 11.
4.2 Affiliates. Entities that are eligible to be a party to this Agreement may join the SBRHT as an affiliate.
Entities that join as an affiliate are not eligible to have a member of their governing board serve on the Board of Directors, as described in Section 4.3, or receive funding for a project within their jurisdiction until such time, if ever, they become a Member of the SBRHT. An eligible entity may become an affiliate through written notice from the executive officer of the entity, but shall not be a party to this Agreement.
4.3 Board of Directors; Composition. SBRHT is governed and administered by a Board of Directors (“Board”) that shall exercise all powers and authority on behalf of SBRHT. The membership of the Board of SBRHT shall be governed by Government Code section 6539.1, and as it may be amended.
As currently required at execution of this Agreement, the SBRHT Board shall consist of at least five (5) Directors, as follows:
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a. At least three (3) Directors shall be locally elected officials from their respective Member Agency jurisdictions, and appointed by the respective Member Agency’s appointing body, and
b. Each Member Agency may appoint up to one (1) Director, and c. At least two (2) Directors shall be experts in homeless or housing policy that are not elected officials of any local agency. These Director positions shall be selected by a majority vote of the elected membership of the Board prescribed in Section 4.3(a) of this Agreement, and
d. A majority of Directors must be locally elected officials from their respective Member Agency jurisdiction, and
e. Alternates for each Director position may be established by the Board of Directors, provided that such alternates meet the requirements established in this Agreement and under the bylaws adopted by the Board of Directors.
4.4 The Board may establish one or more advisory committees to advise the Board, pursuant to the bylaws.
4.5 Director Terms. The Member Agencies shall select their respective Directors for the Board no later than the Effective Date, or the effective date of the respective Member Agency entering into this Agreement, as may be applicable. Each Director shall serve a term of two years, but may be reappointed for successive two-year terms in accordance with this Agreement. At least 15 days prior to the end of a Director’s term, the respective Member Agency must select a new Director or re-select the current Director for the new term of office. There is no limit on the number of terms a Director may serve. In the event of a vacancy on the Board in a Director position originally appointed by a Member Agency pursuant to this Agreement in Section 4.3(b), that Member Agency shall appoint a replacement in accordance with the criteria of Section 4.3(a) within 60 days of such vacancy who shall serve out the remainder of the term of the Director that has been replaced. In the event of a vacancy on the Board in a Director position appointed pursuant to this Agreement in Section 4.3(c), the SBRHT Board shall appoint a replacement in accordance with the criteria of Section 4.3(c) within 60 days of such vacancy who shall serve out the remainder of the term of the Director that has been replaced.
4.6 Officers. The Board of Directors shall elect a chairperson and a vice chairperson from among its Directors consistent with Section 8.6.
4.7 Compensation. Directors shall serve on the Board without compensation. Directors may be reimbursed for actual expenses that are approved in accordance with applicable provisions of this Agreement and SBRHT bylaws before they are incurred.
5. Budgets and Financing.
5.1 The Fiscal Year of SBRHT shall, unless and until changed by the Board of Directors, commence on the 1st day of July of each year and shall end on the 30th day of June of the next succeeding year except that the initial Fiscal Year of SBRHT shall commence on the effective date of this Agreement and conclude on the next June 30th.
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5.2 The Board shall annually adopt an operating budget for SBRHT setting forth anticipated expenses, funding sources and proposed service levels necessary to carry out the purposes of this Agreement.
The payment of all SBRHT obligations is limited to the amount of appropriations allowed in SBRHT’s approved budget, except as it may be revised with the approval of a majority of the Board of Directors.
The budget for SBRHT shall distinguish between administrative costs (i.e., the cost of operating SBRHT) and program costs (i.e., the financing of the programs funded or sponsored by SBRHT).
5.3 The particular Program and Program budget funded, sponsored, or operated by SBRHT, as well as the level of, and mechanisms for, the involvement of SBRHT and each Member Agency, in such Program and Program budget, shall be determined and approved by the Board. A Member Agency’s individual contribution, involvement, and role in any particular Program or the Program budget shall be as may be mutually agreed between the Member Agency and SBRHT. By way of example only, said contributions, involvement, or role may include cash contributions, provision of services or staffing, use or transfer of title to real or personal property, pledges, guarantees, or whatever other instruments or involvement the Member Agency and SBRHT may agree to. Contributions of all kinds to the Program budget from private persons or entities and not-for-profit entities, whether their interests are represented by any Directors, are encouraged, so long as they do not cause a violation of any applicable conflicts of interest statutes, rules, or regulations.
6. Financial Management.
6.1 Pursuant to Government Code sections 6505.5 and 6505.6, the Board shall appoint an officer of SBRHT to hold the offices of treasurer and auditor of SBRHT. This officer can be either the treasurer of a Member Agency to this Agreement or a certified public accountant. Such person or persons shall possess the powers of and shall perform the treasurer and auditor functions for SBRHT required by sections 6505, 6505.5 and 6505.6 of the Government Code, including any amendments thereto.
Pursuant to Government Code section 6505.1, the auditor and treasurer shall have charge of certain property of SBRHT. The treasurer and auditor shall ensure that there shall be strict accountability of all funds and reporting of all receipts and disbursements of SBRHT. The treasurer and auditor of SBRHT shall be required to file an official bond as required by Government Code section 6505.1 with the Board of Directors in an amount which shall be established by the Board. Should the existing bond or bonds of any such officer be extended to cover the obligations provided herein, said bond shall be the official bond required herein. The premiums on any such bonds attributable to the coverage required herein shall be an appropriate expense of SBRHT.
6.2 SBRHT shall publish an Annual Financial Report that shall describe the funds received by SBRHT and the use of such funds by SBRHT. The Annual Financial Report shall describe how the funds received by SBRHT have furthered the purpose of SBRHT.
7. Additional Officers and Staffing.
7.1 It is understood that SBRHT will require the support of administrative staff. When deemed necessary, the Board may contract for officers and staff with a Member Agency, the San Bernardino Council of Governments, or other independent contractors, agents, or volunteers as the Board may deem necessary to carry out any of SBRHT’s powers, upon such terms and conditions as the Board may MONTCLAIR CITY COUNCIL MEETING – 02/17/2026 Page 54 of 61 Agreement No. 26–10
require, including the retaining of professional and technical assistance, provided that adequate funds are available in SBRHT’s budget and are appropriated by SBRHT therefore.
7.2 None of the officers, agents, or staff, if any, directly contracted by SBRHT shall be deemed, by reason of their roles or duties or contracted status, to be employed by any Member Agency.
7.3 The officer or staff may be delegated authority as deemed necessary or appropriate by the Board.
7.4 The officer or staff shall be responsible for the day-to-day administration of SBRHT under the direction of the Board. The officer or staff shall have the authority to employ or use administrative staff consistent with the goals, needs, and approved budget of SBRHT.
7.5 If SBRHT contracts with a Member Agency to provide SBRHT with administrative services through persons who are employees and/or officers of the Member Agency, then any retirement liabilities associated with that Member Agency’s employees and/or officers shall not constitute a liability of SBRHT or any other Member Agency. This shall not preclude a Member Agency providing administrative services to SBRHT pursuant to a contract with SBRHT from accounting for such salary and benefit costs when negotiating the rates that the Member will charge SBRHT for providing such services.
7.6 All privileges and immunities from liability, exemptions from laws, ordinances and rules, and benefits that apply to officers, agents, or employees of a Member Agency shall apply to the same extent when performing duties for SBRHT.
8. Meetings.
8.1 The Board shall schedule at least two (2) regular meetings each Fiscal Year.
8.2 Special meetings of the Board may be called by the Chairperson of the Board and otherwise in accordance with provisions of California Government Code §54956 and any applicable SBRHT bylaws.
8.3 All meetings of the Board shall be held subject to the provisions of California Government Code §54950 et seq. (the “Brown Act”) and other applicable laws of the State of California.
8.4 A quorum is established if at least a majority of Directors are present at a meeting, except that less than a quorum may adjourn a meeting to another time and place. Unless otherwise provided in this Agreement or law, actions and decisions of the Board of Directors may be taken by a majority of the quorum present at any meeting.
8.5 The Board of Directors shall cause minutes of all regular, adjourned regular, and special meetings to be kept as record of all meetings.
8.6 The Board of Directors shall elect a chairperson and a vice chairperson from among its Directors at the first meeting held in each calendar year. In the event that the chairperson or vice chairperson so elected ceases to be a Director, the resulting vacancy shall be filled at the next regular meeting of the Board of Directors held after such vacancy occurs or at a special meeting called for that purpose.
In the absence or inability of the chairperson to act, the vice chairperson shall act as chairperson.
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The chairperson, or in the chairperson's absence, the vice chairperson, shall preside at and conduct all Board of Director meetings.
8.7 The Board of Directors may adopt, from time to time, by resolution, such rules, regulations and bylaws for the conduct of its meetings and affairs as the Board determines is necessary or convenient.
9. Bylaws.
9.1 The Board shall adopt bylaws for the conduct of its affairs, provided that they are consistent with this Agreement and are appropriate in order to carry out SBRHT’s purpose.
9.2 The Board may, from time to time, amend its bylaws.
10. Fees.
10.1 Member Agencies shall make annual contributions (“Administrative Fee”) towards the budgeted administrative costs of SBRHT in accordance with a cost allocation as determined annually by the Board of Directors. Payment shall be due within 30 days of receipt of an invoice from SBRHT.
11. New Members.
11.1 New Member Agencies may be added to SBRHT by a majority vote of the Directors present at the meeting. Membership is effective immediately upon execution of this Agreement by the new Member Agency.
12. Withdrawal.
12.1 It is fully anticipated that each Member Agency shall participate in SBRHT until the purposes set forth in this Agreement are accomplished. A Member Agency may withdraw from SBRHT upon its governing board’s adoption of a resolution stating its intent to withdraw from SBRHT. The withdrawal of any Member Agency shall be conditioned as follows:
a. The withdrawal shall be effective at the end of the SBRHT fiscal year which is at least six months after the receipt by SBRHT of a written notice of the Member Agency’s intent to withdraw, accompanied by a copy of the governing board resolution stating the intent to withdraw; and b. Unless otherwise provided by a unanimous vote of the SBRHT Board, withdrawal shall result in the forfeiture of that Member Agency’s rights and claims relating to distribution of property and funds upon termination of SBRHT. Withdrawn Members shall not be entitled to any reimbursement of Member Agency contributions.
13. Amendments.
13.1 Except as provided in Sections 11 and 12, subject to all legal obligations of SBRHT, this Agreement may be amended by a writing executed by all of the Member Agencies of SBRHT.
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14. Notices.
14.1 All notices to the Member Agencies shall be deemed to have been given to the Member Agencies either (1) three days after mailing when mailed, postage prepaid by United States mail, return receipt requested, or (2) upon delivery when hand delivered to the Member Agency’s City or County Clerk during usual business hours at the principal office.
14.2 All notices to SBRHT shall be sufficiently given if made in writing and delivered either personally or by registered or certified mail, postage prepaid, to the executive officer of SBRHT at the following address, or to such other address as may be designated to SBRHT for formal notice:
1170 W. Third Street
2 nd Floor
San Bernardino, CA 92410
15. Assignments; Other Agreements.
15.1 This Agreement shall be binding upon and shall inure to the benefit of the successors of any Member Agency. No Member Agency may assign any right or obligation hereunder without the written consent of all other Member Agencies. Participation in SBRHT is not intended to preclude Member Agencies from entering into similar agreements with other jurisdictions.
16. Severability.
16.1 Should any part, term, portion or provision of this Agreement, or the application thereof to any person or circumstance, be held to be illegal or in conflict with any law of the State of California, or otherwise be rendered unenforceable or ineffectual, it shall be deemed severable, and the remainder of this Agreement or the application thereof to other persons or circumstances shall continue to constitute the agreement the Member Agencies intended to enter into in the first instance.
17. Headings.
17.1 All section headings contained in this Agreement are for convenience and reference only. They are not intended to define or limit the scope of any provision of this Agreement.
18. Non-Liability for Obligations of SBRHT.
18.1 The debts, liabilities, and obligations of SBRHT shall not be considered the debts, liabilities, or obligations of any Member Agency or its respective officers, agents, employees, representatives, or volunteers.
a. Assignment. Each Member Agency shall assign to the SBRHT its rights, title, and interest to recover damages from any third party for Claims (as defined in section d below) arising out of this Agreement, to the extent that the SBRHT has met its obligations to defend and indemnify such Member Agency pursuant to this Section.
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b. Survival. SBRHT’s duty to defend, indemnify, and hold harmless Member Agencies shall survive and continue in full force and effect after withdrawal of any Member from this Agreement, including as to the withdrawing Member Agency, or termination of this Agreement for any reason with respect to any Claims, as defined in 18.1.d., that occurred before the date of such withdrawal or termination.
c. Pursuant to the provisions of California Government Code Section 895 et seq., each Member Agency that is party to this Agreement shall be liable for its own negligent or wrongful acts or omissions and those of its officers, employees, and agents. d. Indemnification. The SBRHT shall defend, indemnify and hold harmless each Member Agency, its officers, agents, employees, representatives and volunteers (the “Indemnitees”) from and against any loss, injury, claim, lawsuit, liability, expense, or damages of any kind or nature (collectively, “Claims”) brought by a third party which arises out of or in connection with SBRHT’s acts and omissions related to its purposes set forth in this Agreement, including such third party claims arising out of or in connection with any Indemnitees acting within their authorized capacity as an officer, agent, employee, representative or volunteer of SBRHT. The SBRHT’s duty to defend and indemnify under this section shall not extend to Claims otherwise arising out of the Indemnitees’ own active negligence, omissions or willful misconduct, whether in whole or part. e. Liability Financing. The SBRHT shall finance its obligation pursuant to this Subsection by establishing a liability reserve fund, and/or by purchasing commercial insurance, and/or by joining a joint powers insurance authority (JPIA), as determined by the Board. In the event SBRHT’s financial obligations to indemnify, defend, and hold harmless pursuant to this Subsection exceed the liability reserve fund and/or the proceeds from any applicable insurance and/or JPIA coverage maintained by the SBRHT (hereinafter “Unfunded Liability”), the Member Agencies may provide for contribution or indemnification by any or all of the Member Agencies that are parties to the agreement upon any liability arising out of the performance of the agreement, and/or a Member Agency or Member Agencies may meet and confer with SBRHT in good faith to negotiate alternative means or mechanisms by which SBRHT may fund such Unfunded Liability; however, in no event shall the event of an Unfunded Liability relieve, limit, or waive SBRHT’s obligations of indemnity or defense to each Member Agency as first set forth above in this Section. Nothing herein shall obligate any Member Agency to indemnify or hold harmless SBRHT for an Unfunded Liability.
19. Laws Governing.
19.1 This Agreement is made in the State of California under the Constitution and laws of such State and shall be construed and enforced in accordance with the laws of California.
20. Confirmation of Jurisdictional Authority.
20.1 By signing this Agreement, the Member Agencies retain all jurisdictional authority granted to them by the State and/or their respective Charters. The powers and/or authority granted to SBRHT pursuant to this Agreement shall in no way serve to limit or restrict an individual Member Agency’s jurisdictional authority.
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IN WITNESS WHEREOF, the parties hereto by their duly authorized representative, have affixed their signatures on this Agreement, effective as of the date first stated above.
APPROVED AND ADOPTED this 17th day of February 2026.
MEMBER AGENCY: City of Montclair
_____________________________________________
Edward C. Starr
City Manager
Attest:
_____________________________________________
Andrea M. Myrick
City Clerk
Approved as to Form:
_____________________________________________
Diane E. Robbins
City Attorney
MONTCLAIR CITY COUNCIL MEETING – 02/17/2026 Page 59 of 61
MINUTES OF THE MEETING OF THE MONTCLAIR
PERSONNEL COMMITTEE HELD ON MONDAY,
FEBRUARY 2, 2026, AT 5:03 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 5:03 p.m.
II. ROLL CALL
Present: Mayor Dutrey, Mayor Pro Tem Martinez, City Manager Starr, Assistant City Manager/Director of Human
Services Richter, and Human Resources Manager Ghobrial
III. APPROVAL OF MINUTES
A. Minutes of the Regular Personnel Committee Meeting of January 20, 2026.
Moved by Mayor Dutrey, seconded by Mayor Pro Tem Martinez, and carried unanimously to approve the minutes of the Personnel Committee meeting on January 20, 2026.
IV. PUBLIC COMMENT – None
V. CLOSED SESSION
At 5:04 p.m., the Personnel Committee went into Closed Session regarding personnel matters related to appointments, resignations/ terminations, and evaluations of employee performance.
At 5:20 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 5:20 p.m., Mayor Pro Tem Martinez adjourned the Personnel Committee.
Submitted for Personnel Committee approval,
Personnel Committee Minutes – February 2, 2026 Page 1 of 1 Edward C. Starr
City Manager
MONTCLAIR CITY COUNCIL MEETING – 02/17/2026 Page 60 of 61
PENDING
APPROVAL
Special City Council Meeting Minutes – January 12, 2026 Page 1 of 1
MINUTES OF THE SPECIAL MEETING OF THE MONTCLAIR
CITY COUNCIL HELD ON MONDAY, JANUARY 12, 2026, AT
6:00 P.M. IN THE CITY COUNCIL CHAMBERS, 5111 BENITO
STREET, MONTCLAIR, CALIFORNIA
I. CALL TO ORDER
Mayor Dutrey called the meeting to order at 6:00 p.m.
II. ROLL CALL
Present: Mayor Dutrey; Mayor Pro Tem Martinez; Council Members Ruh and Mendez
City Manager Starr; City Attorney Robbins; Assistant City Manager/ Director of Human Services Richter; City Clerk Myrick
Absent: Council Member Lopez
III. PUBLIC COMMENT
• Alice Garcia spoke on the financial burden for the City of litigation involving Council Member Lopez, noting the City is unlikely to recover what he has been ordered to pay back, as well as the emotional toll his actions have had on the affected employees and their families. She advised she is currently collecting signatures to initiate his recall. • Bruce Culp urged the City Council to discussion sanctions on Council Member Lopez publicly now that there is a court judgment against him for sexual harassment. He expressed concern about staff safety, noting the victim employees can no longer attend council meetings.
He urged the City to pursue recovery of legal costs, require Council Member Lopez to participate remotely at public meetings, and limit his involvement in the City’s financial decisions including the budget.
IV. CLOSED SESSION PURSUANT TO GOVERNMENT CODE 54956.9(d)(1)
REGARDING PENDING LITIGATION
A. Fuentes/Garcia v. Lopez, City of Montclair
At 6:08 p.m., the City Council went into closed session.
V. CLOSED SESSION ANNOUNCEMENTS
At 7:14 p.m., the City Council returned from closed session. Mayor Dutrey announced that the City Council met in closed session and discussed pending litigation; information was received and direction was given to staff; and no further announcements would be made at this time.
VI. ADJOURNMENT
At 7:14 p.m., the City Council was adjourned.
Submitted for City Council approval,
Andrea M. Myrick,
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 02/17/2026 Page 61 of 61