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Agenda packet, joint meeting

Montclair City Council
March 2, 2026

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Agenda packet, joint meeting
Meeting
March 2, 2026
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Montclair City Council
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5
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CITY OF MONTCLAIR

CITY COUNCIL

SUCCESSOR REDEVELOPMENT AGENCY,

MONTCLAIR HOUSING CORPORATION, MONTCLAIR

HOUSING AUTHORITY, AND MONTCLAIR COMMUNITY

FOUNDATION MEETINGS

AGENDA PACKET
Monday, March 2, 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
Monday, March 2, 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 nonsecular invocation. Such invocations are not intended to proselytize or advance any faith or belief or to disparage any faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation.

III. PLEDGE OF ALLEGIANCE
IV. ROLL CALL
V. PRESENTATIONS — None
VI. PUBLIC COMMENT
Each speaker has up to five minutes. The meeting’s presiding officer may provide more or less time to accommodate speakers with special needs or a large number of speakers waiting in line (GC §54954.3). Pursuant to the Brown Act, the meeting bodies are prohibited from participating in substantial discussion of or taking action on items not listed on the agenda.

VII. PUBLIC HEARINGS — None Page No.

VIII. CONSENT CALENDAR
A. Approval of Minutes

1. Regular Joint Meeting — January 20, 2026 [CC/SA/MHC/MHA/MCF] 25

2. Special Meeting — February 2, 2026 [CC] 35
B. Administrative Reports

1. Consider Approval and Ratification of Warrant Register & Payroll Documentation [CC] 4

XXXXXXXXXXXXX
MONTCLAIR CITY COUNCIL MEETING – 03/02/2026 Page 1 of 35 Page No.

C. Agreements

1. Consider Approval of Agreement No. 26–13, a Memorandum of Understanding with San Bernardino County Sheriff’s Department to Enforce General Law and Traffic Enforcement In or Around the Southern California Regional Rail Authority’s Metrolink Commuter Rail System, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] Consider Authorizing City Manager Edward C. Starr and Police Chief Jason Reed to Sign Agreement No. 26–13 [CC] 5
D. Resolutions

1. Consider Adoption of Resolution No. 26–3510 Authorizing Placement of Liens on Certain Properties for Delinquent Sewer and Trash Charges [CC] 11 IX. PULLED CONSENT CALENDAR ITEMS
X. BUSINESS ITEM
A. Consider Adoption of Resolution No. 26–3508 Making Certain Findings for an Exception to the 180–Day Wait Period Pursuant to Government Code Sections 7522.56 and 21224 with Authorization to Hire Rosemary Hoerning Into the Part–Time, Temporary Retired Annuitant Position of Executive Director of Engineering/Major Projects Manager [CC]
Consider Authorizing a $37,500 Appropriation from the FY 2025–26 Public Works Personnel Budget to Fund the Part–Time, Temporary Retired Annuitant Position of Executive Director of Engineering/Major Projects Manager [CC] 18 XI. COMMUNICATIONS
A. Department Reports — None
B. City Attorney

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

2. Request to Meet in Closed Session Pursuant to GC §54956.9(d)(4) Regarding Potential Litigation (Two Potential Cases) [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
Kresback v. Montclair
C. City Manager/Executive Director
D. Mayor/Chairperson
E. Council Members/Directors
MONTCLAIR CITY COUNCIL MEETING – 03/02/2026 Page 2 of 35 Page No.

F. Committee Meeting Minutes (for informational purposes only)

1. Personnel Committee Meeting — February 17, 2026 [CC] 24 XII. CLOSED SESSION
XIII. CLOSED SESSION ANNOUNCEMENTS
XIV. ADJOURNMENT
The next regular joint meeting of the City Council, Successor Agency Board, Montclair Housing Corporation Board, Montclair Housing Authority Commission, and Montclair Community Foundation Board will be held on Monday, March 16, 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 19, 2026.

MONTCLAIR CITY COUNCIL MEETING – 03/02/2026 Page 3 of 35

CITY COUNCIL

AGENDA REPORT
DATE: MARCH 2, 2026
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 1
FILE I.D.: FIN540
DEPT.: FINANCE
PREPARER: A. VONG/V. FLORES
SUBJECT: CONSIDER APPROVAL AND RATIFICATION OF WARRANT REGISTER AND PAYROLL

DOCUMENTATION
REASON FOR CONSIDERATION: The City Council is requested to consider approval and ratification of the Warrant Register and Payroll Documentation.

BACKGROUND: Mayor Pro Tem Martinez examined the Warrant Register dated February 2, 2026; the Warrant Register dated February 17, 2026; and the Payroll Documentation dated February 8, 2026, and recommends their approval.

FISCAL IMPACT: The City Manager authorized the Warrant Register dated February 2, 2026, totaling $1,016,042.56.

The City Manager authorized the Warrant Register dated February 17, 2026, totaling $2,697,289.20.

The Payroll Documentation dated February 8, 2026, totals $928,403.48 gross, with $644,632.40 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 – 03/02/2026 Page 4 of 35

CITY COUNCIL

AGENDA REPORT
DATE: MARCH 2, 2026
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 1
FILE I.D.: PDT175
DEPT.: POLICE
PREPARER: R. DOMINGUEZ
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 26–13, A MEMORANDUM OF UNDERSTANDING WITH THE SAN BERNARDINO COUNTY SHERIFF’S DEPARTMENT TO

ENFORCE GENERAL LAW AND TRAFFIC ENFORCEMENT IN OR AROUND THE SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY’S METROLINK COMMUTER RAIL

SYSTEM, SUBJECT TO ANY REVISIONS DEEMED NECESSARY BY THE CITY ATTORNEY CONSIDER AUTHORIZING CITY MANAGER EDWARD C. STARR AND POLICE CHIEF JASON REED TO SIGN AGREEMENT NO. 26–13
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 26–13, a Memorandum of Understanding with the San Bernardino County Sheriff’s Department to enforce general law and traffic enforcement in or around the Southern California Regional Rail Authority’s (SCRRA) Metrolink trains, platforms, right– of–way, rail tracks, and facilities within the City of Montclair boundaries. The Sheriff entered into a contractual agreement with SCRRA to provide security for passengers and property. This agreement requires MOUs to be established between the Sheriff and the local law enforcement agencies through which SCRRA’s Metrolink train routes traverse.

A copy of proposed Agreement No. 26–13 with the San Bernardino County Sherif’s Department is attached for the City Council’s review and consideration.

BACKGROUND: For many years, law enforcement services for the Metrolink Commuter Rail System operating within San Bernardino County have been provided through contractual arrangements with SCRRA, the owner and operator of the Metrolink System.

These services include the enforcement of general law and traffic regulations, as well as ensuring the safety and security of Metrolink passengers, employees, and property located within the County. Due to the multijurisdictional nature of the rail system, coordination between law enforcement agencies is necessary to provide consistent and effective public safety services.

The Sheriff and MPD both have law enforcement responsibilities that may arise in connection with Metrolink operations within their respective jurisdictions. While each agency possesses the authority to enforce applicable laws, it was determined that a formal MOU is necessary to clearly define roles, responsibilities, and coordination efforts related to Metrolink law enforcement and security services within the City of Montclair.

The proposed MOU establishes the framework under which Sheriff and MPD will enforce general laws and traffic regulations and provide security for Metrolink passengers and property. The MOU clarifies jurisdictional authority, operational responsibilities, and coordination protocols between the agencies to ensure effective response, continuity of service, and compliance with contractual obligations established by SCRRA.

MONTCLAIR CITY COUNCIL MEETING – 03/02/2026 Page 5 of 35 FISCAL IMPACT: If authorized by the City Council, proposed Agreement No. 26–13 would have no fiscal impact on the City’s General Fund.

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

1. Approve Agreement No. 26–13, a Memorandum of Understanding with the San Bernardino Sheriff’s Department to enforce general law and traffic enforcement in or around the Southern California Regional Rail Authority’s Metrolink Commuter Rail System, subject to any revisions deemed necessary by the City Attorney; and

2. Authorize City Manager Edward C. Starr and Police Chief Jason Reed to sign Agreement No. 26–13.

MONTCLAIR CITY COUNCIL MEETING – 03/02/2026 Page 6 of 35

MEMORANDUM OF UNDERSTANDING
between the

SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT
and

THE CITY OF MONTCLAIR POLICE DEPARTMENT
This Memorandum of Understanding is by and between the San Bernardino County Sheriff/Coroner/Public Administrator (Sheriff) and the City of Montclair Police Department (MPD).

The Sheriff is responsible for general law and traffic enforcement within the unincorporated areas of San Bernardino County. The Sheriff is responsible for the security of passengers and property of the Metrolink Commuter Rail System within San Bernardino County, and its responsibilities are based upon contractual agreements with the Southern California Regional Rail Authority (SCRRA), operator of the Metrolink Commuter Rail System.

In furtherance of these obligations, the Sheriff and the MPD, agree to the following, As used in sections "A" and "B," "law enforcement responsibilities" include directly responding to incidents, investigation, follow-up, and preparation of legal documents and case filings:

A. The Sheriff agrees to accept law enforcement responsibility within its jurisdictional and contractual boundaries during SCRRA operational hours for:

1. All crimes or incidents occurring or originating on board the Metrolink trains,

2. All thefts or rail property from Metrolink trains, platforms, and facilities.

3. All reports of vandalism to the Metrolink trains, platforms, and facilities.

4. All crimes occurring on the rights-of-way, including rail track, grade crossings, and, in accordance with San Bernardino County Charter, Title 2, Division 8, Chapter 9, §28.0901-28.0905, encampment managemenUremoval.

5. All transit related crimes and or incidents at Metrolink stations, platforms and facilities or associated crimes and incidents impacting safe transit operations,

6. Timely response to all Metrolink train accidents along the right-of-way and at grade crossings, ensuring the MPD investigation is adequately supported.

Page I of 4
Agreement No. 26-13
MONTCLAIR CITY COUNCIL MEETING – 03/02/2026 Page 7 of 35

7. With due cause, temporarily detaining persons of interest when requested by the MPD until a member of the MPD can respond to assume control of the investigation
And to:
8, Provide, via a designated liaison, when requested, statistical data relative to Metrolink passenger stations, rights-of-way, and facilities in the Sheriff's jurisdiction, including statistical analyses, trends, and other law enforcementenhancing information.

B, If Sheriff is unavailable or it is outside the operational hours, the MPD agrees to accept law enforcement responsibility within its jurisdictional boundaries for:

1. All crimes or incidents occurring or originating on Metrolink trains.

2. All thefts of rail property from Metrolink trains, platforms or facilities.

3. All reports of vandalism to the Metrolink trains, platforms or facilities. 4, All crimes occurring on the rights-of-way, including rail track, grade crossings, and, in accordance with applicable city ordinances, encampment managemenUremoval.

5. All crimes and/or incidents occurring at Metrolink stations, platforms and facilities, including transit-related violations.

6. With due cause, temporarily detaining persons of interest when requested by the Sheriff until the Sheriff can respond to assume control of the investigation.

And to:

7. Remain the primary investigating law enforcement agency responsible for all Metrolink train accidents along the right of way and at grade crossings.

8. Provide a liaison to interact with the Sheriff's liaison. A system will be established by which the Sheriffs liaison can access, generally monthly, all reports and statistical data collected by the MPD pertaining to criminal activity and incidents occurring on Metrolink station platforms or facilities, the adjacent parking areas (if available), grade crossings, and rail rights-of-way within MPD's jurisdiction. Utilizing this system, the Sheriffs liaison and the MPD's liaison will jointly endeavor to reduce criminal and public safety hazards within their respective jurisdictions.

C. Joint Responsibilities:

Members or the Sheriff and the SCRRA may respond to assist the MPD whenever

Page 2 of 4 ends

MONTCLAIR CITY COUNCIL MEETING – 03/02/2026 Page 8 of 35 an accident or incident directly or indirectly involves the Metrolink Commuter Rail System or may impact public safety and/or the safe continued operations of train service. The objective is to render assistance in handling the incident as expeditiously as possible to resume or continue public roadway access and train operations for the benefit of the riding public.

Until such time the Sheriff no longer has contractually obligated law enforcement responsibilities regarding the Metrolink Commuter Rail System within the City of Montclair, the Sheriff and the MPD will work cooperatively within the City of Montclair to ensure the law enforcement demands of the Metrolink Commuter Rail System are adequately met.

Both agencies are obliged to examine and identify any condition for which jurisdictional responsibility is not clearly delineated in this memorandum. Such issues shall be resolved promptly by dialogue involving both agencies.

D. Mutual fndemnification:

Neither party hereto shall be liable for any damages proximately resulting from the negligent or wrongful acts or omissions of the other party's employees or agents in the performance of this agreement; and each party shall indemnifyo, defend, and hold harmless the other party from any such damages or liability. If the parties are determined to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under this agreement, the parties shall indemnify the other to the extent of their comparative fault.

E. The Sheriff and the MPD agree:

1. To review the provisions of this memorandum a minimum of once every two years.

2. That this memorandum remains in force for a period of five years from the date of full execution, or until a proposal for an amendment to this memorandum has been jointly resolved by the signers or their successors, whichever occurs first.

Page 3 of 4 ends

MONTCLAIR CITY COUNCIL MEETING – 03/02/2026 Page 9 of 35 Nothing in this memorandum is to be construed as conflicting with existing laws, regulations, and prescribed responsibilities applicable to the respective parties hereto.

By:

Jason Reed, Chief of Police Date:

City of Montclair Police Department
By:

Edward S. Starr, City Manager Date:

City of Montclair
BY: Date:

Shannon D. Dicus, Sheriff - Coroner
San Bernardino County Sheriff/Coroner/Public Administrator

Page 4 of 4 ends

MONTCLAIR CITY COUNCIL MEETING – 03/02/2026 Page 10 of 35

CITY COUNCIL

AGENDA REPORT
DATE: MARCH 2, 2026
SECTION: CONSENT - RESOLUTIONS
ITEM NO.: 1
FILE I.D.: STB300–17
DEPT.: FINANCE
PREPARER: C. GRAVES
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 26–3510 AUTHORIZING PLACEMENT

OF LIENS ON CERTAIN PROPERTIES FOR DELINQUENT SEWER AND TRASH CHARGES REASON FOR CONSIDERATION: Staff has identified 205 sewer and trash accounts in the odd–numbered–month billing cycle that are more than three billing periods delinquent. Pursuant to Montclair Municipal Code Chapter 1.12, these properties are subject to lien. The City Council is requested to consider adoption of Resolution No. 26– 3510 authorizing placement of liens on these properties for delinquent sewer and trash charges.

BACKGROUND: Ordinance No. 02–815 authorizes the placement of liens on properties on which delinquent civil debts have accrued and makes property owners responsible for delinquent sewer and trash charges accrued after the effective date of the Ordinance (March 1, 2002) for accounts in tenants' names. Prior to the City Council's adoption of Ordinance No. 02–815, property owners were responsible for only those accounts in their own names.

FISCAL IMPACT: Recoverable amount is $77,057.97, plus $4,100.00 for release of lien fees, plus $10,250.00 in lien fees, for a total of $91,407.97.

RECOMMENDATION: Staff recommends the City Council adopt Resolution No. 26–3510 authorizing placement of liens on certain properties for delinquent sewer and trash charges.

MONTCLAIR CITY COUNCIL MEETING – 03/02/2026 Page 11 of 35 Resolution No. 26–3510 Page 1 of 1
RESOLUTION NO. 26–3510

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF MONTCLAIR AUTHORIZING

PLACEMENT OF LIENS ON CERTAIN

PROPERTIES FOR DELINQUENT SEWER

AND TRASH ACCOUNTS
WHEREAS, Chapter 1.12 of the Montclair Municipal Code authorizes the City to place liens on properties on which delinquent civil debts have accrued; and WHEREAS, all owners of property in the City of Montclair were notified about the adoption of Ordinance No. 02–815 authorizing placement of liens on properties on which delinquent civil debts have accrued; and
WHEREAS, it has been determined that there are 205 sewer and/or trash accounts on which there are delinquencies in excess of 90 days; and WHEREAS, the owners of these properties have received regular billing statements and late notices since the onset of such delinquencies; and WHEREAS, the owners of these properties were notified on February 5, 2026, that their delinquent accounts are subject to causing a lien to be placed on their properties for settlement of such delinquencies; and that such liens would be considered for approval by the Montclair City Council on Monday, March 2, 2026.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Montclair approves the placement of liens on the properties and in the amounts specified in Exhibit A, entitled Report of Delinquent Civil Debts – March 2026, attached hereto.

BE IT FURTHER RESOLVED that the City Clerk is authorized to provide the San Bernardino County Auditor/Controller–Recorder with the documents required to cause such liens to be placed.

APPROVED AND ADOPTED this XX day of XX, 2026.

Mayor
ATTEST:

City Clerk
I, Andrea M. Myrick, City Clerk of the City of Montclair, DO HEREBY CERTIFY that Resolution No. 26–3510 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 – 03/02/2026 Page 12 of 35 Exhibit A to Resolution No. 26–3510
Report of Delinquent Civil Debts – March 2026

Page 1 of 5 ends

Street No. Street Account Type Delinquency Release of
Lien Fee Lien Fee Total Lien Amount
4334 Alamitos Street Residential 367.88 20.00 50.00 437.88 4371 Alamitos Street Residential 364.00 20.00 50.00 434.00 5634 Alamitos Street Residential 209.02 20.00 50.00 279.02 9757 Amherst Avenue Residential 368.14 20.00 50.00 438.14 9910 Amherst Avenue Residential 368.14 20.00 50.00 438.14 9960 Amherst Avenue Residential 368.16 20.00 50.00 438.16 5363 Arrow Hwy Commercial 288.31 20.00 50.00 358.31
9910 Bel Air Avenue Residential 213.20 20.00 50.00 283.20 10024 Bel Air Avenue Residential 400.20 20.00 50.00 470.20 10036 Bel Air Avenue Residential 394.47 20.00 50.00 464.47 10063 Bel Air Avenue Residential 503.53 20.00 50.00 573.53 4354 Benito Street Senior 296.60 20.00 50.00 366.60
4460 Benito Street Residential 369.85 20.00 50.00 439.85 4553 Benito Street Residential 383.87 20.00 50.00 453.87 5042 Benito Street Residential 355.97 20.00 50.00 425.97 5428 Benito Street Residential 344.65 20.00 50.00 414.65 5429 Benito Street Residential 409.24 20.00 50.00 479.24 5568 Benito Street Residential 368.33 20.00 50.00 438.33 5590 Benito Street Senior 310.91 20.00 50.00 380.91
5598 Benito Street Residential 400.18 20.00 50.00 470.18 9344 Benson Avenue Residential 373.26 20.00 50.00 443.26 9384 Benson Avenue Residential 298.33 20.00 50.00 368.33 9560 Benson Avenue Residential 351.71 20.00 50.00 421.71 4843 Berkeley Street Residential 368.14 20.00 50.00 438.14 5353 Berkeley Street Residential 420.51 20.00 50.00 490.51 5382 Berkeley Street Residential 368.13 20.00 50.00 438.13 9597 Bolton Avenue Residential 207.31 20.00 50.00 277.31 9598 Bolton Avenue Residential 354.50 20.00 50.00 424.50 9778 Bolton Avenue Residential 356.71 20.00 50.00 426.71 4541 Bonnie Brae Street Residential 399.97 20.00 50.00 469.97 4576 Bonnie Brae Street Residential 368.14 20.00 50.00 438.14 4599 Bonnie Brae Street Residential 231.25 20.00 50.00 301.25 5450 Bonnie Brae Street Residential 417.83 20.00 50.00 487.83 5544 Bonnie Brae Street Residential 200.38 20.00 50.00 270.38 4664 Brooks Street Commercial 204.65 20.00 50.00 274.65 11304 Butterfield Avenue Residential 201.65 20.00 50.00 271.65 4853 Cambridge Street Residential 368.17 20.00 50.00 438.17 5438 Cambridge Street Residential 285.74 20.00 50.00 355.74 5448 Cambridge Street Senior 331.46 20.00 50.00 401.46
5470 Cambridge Street Residential 368.14 20.00 50.00 438.14 5471 Cambridge Street Residential 368.14 20.00 50.00 438.14 9151 Camulos Avenue Residential 368.39 20.00 50.00 438.39 9163 Camulos Avenue Residential 329.11 20.00 50.00 399.11 9243 Camulos Avenue Residential 368.14 20.00 50.00 438.14 9426 Camulos Avenue Residential 402.21 20.00 50.00 472.21 9433 Camulos Avenue Residential 511.07 20.00 50.00 581.07 MONTCLAIR CITY COUNCIL MEETING – 03/02/2026 Page 13 of 35 Exhibit A to Resolution No. 26–3510
Report of Delinquent Civil Debts – March 2026

Page 2 of 5 ends

Street No. Street Account Type Delinquency Release of
Lien Fee Lien Fee Total Lien Amount
9511 Camulos Avenue Residential 400.18 20.00 50.00 470.18 9737 Camulos Avenue Residential 315.44 20.00 50.00 385.44 9877 Camulos Avenue Residential 400.19 20.00 50.00 470.19 9540 Camulos Avenue Residential 421.93 20.00 50.00 491.93 5666 Caroline Street Residential 368.14 20.00 50.00 438.14 9528 Carrillo Avenue Senior 216.29 20.00 50.00 286.29
9956 Central Avenue Residential 329.11 20.00 50.00 399.11 10360 Central Avenue Commercial 208.29 20.00 50.00 278.29 9787 Coalinga Avenue Residential 208.71 20.00 50.00 278.71 9795 Coalinga Avenue Residential 368.14 20.00 50.00 438.14 9824 Coalinga Avenue Senior 354.48 20.00 50.00 424.48
9872 Coalinga Avenue Residential 258.26 20.00 50.00 328.26 11207 College Avenue Residential 207.56 20.00 50.00 277.56 11250 College Avenue Residential 384.22 20.00 50.00 454.22 9380 Columbine Avenue Residential 375.87 20.00 50.00 445.87 9783 Columbine Avenue Residential 364.06 20.00 50.00 434.06 9871 Columbine Avenue Residential 572.02 20.00 50.00 642.02 4304 Denver Street Residential 250.17 20.00 50.00 320.17 4325 Denver Street Residential 329.11 20.00 50.00 399.11 5427 Denver Street Residential 374.15 20.00 50.00 444.15 5579 Denver Street Residential 368.13 20.00 50.00 438.13 5616 Denver Street Residential 368.14 20.00 50.00 438.14 5626 Denver Street Residential 400.18 20.00 50.00 470.18 5602 Deodar Street Senior 219.43 20.00 50.00 289.43
5626 Deodar Street Residential 329.11 20.00 50.00 399.11 4451 El Morado Street Residential 361.07 20.00 50.00 431.07 5168 El Morado Street Residential 407.42 20.00 50.00 477.42 5429 El Morado Street Residential 368.14 20.00 50.00 438.14 9358 Exeter Avenue Residential 356.92 20.00 50.00 426.92 9175 Felipe Avenue Residential 329.51 20.00 50.00 399.51 9367 Felipe Avenue Residential 369.92 20.00 50.00 439.92 9378 Felipe Avenue Residential 368.33 20.00 50.00 438.33 9874 Felipe Avenue Residential 367.52 20.00 50.00 437.52 9703 Fremont Avenue Residential 383.87 20.00 50.00 453.87 9719 Fremont Avenue Residential 511.07 20.00 50.00 581.07 9729 Fremont Avenue Residential 242.56 20.00 50.00 312.56 9823 Fremont Avenue Residential 368.14 20.00 50.00 438.14 9847 Fremont Avenue Residential 368.32 20.00 50.00 438.32 9849 Fremont Avenue Residential 329.11 20.00 50.00 399.11 9884 Geneva Avenue Residential 358.09 20.00 50.00 428.09 9985 Geneva Avenue Residential 368.14 20.00 50.00 438.14 10018 Geneva Avenue Residential 368.43 20.00 50.00 438.43 10037 Geneva Avenue Residential 464.57 20.00 50.00 534.57 4294 Granada Street Residential 329.17 20.00 50.00 399.17 4328 Granada Street Residential 368.14 20.00 50.00 438.14 4426 Granada Street Residential 400.23 20.00 50.00 470.23 MONTCLAIR CITY COUNCIL MEETING – 03/02/2026 Page 14 of 35 Exhibit A to Resolution No. 26–3510
Report of Delinquent Civil Debts – March 2026

Page 3 of 5 ends

Street No. Street Account Type Delinquency Release of
Lien Fee Lien Fee Total Lien Amount
5391 Granada Street Residential 346.23 20.00 50.00 416.23 5594 Granada Street Senior 296.60 20.00 50.00 366.60
9793 Greenwood Avenue Residential 378.97 20.00 50.00 448.97 4418 Harvard Street Residential 368.14 20.00 50.00 438.14 4430 Harvard Street Residential 368.14 20.00 50.00 438.14 5430 Harvard Street Residential 368.14 20.00 50.00 438.14 5505 Harvard Street Residential 349.65 20.00 50.00 419.65 5585 Harvard Street Residential 511.07 20.00 50.00 581.07 4522 Hawthorne Street Residential 511.07 20.00 50.00 581.07 4568 Hawthorne Street Residential 223.37 20.00 50.00 293.37 5553 Hawthorne Street Residential 271.82 20.00 50.00 341.82 5596 Hawthorne Street Senior 255.85 20.00 50.00 325.85
9045 Helena Avenue Residential 361.31 20.00 50.00 431.31 4864 Highland Street Residential 370.60 20.00 50.00 440.60 5064 Holt Blvd Commercial 564.90 20.00 50.00 634.90
5190 Howard Street A & B Multifamily 807.57 20.00 50.00 877.57 4585 James Street Residential 400.18 20.00 50.00 470.18 9860 Kimberly Avenue Residential 262.77 20.00 50.00 332.77 9877 Kimberly Avenue Residential 391.98 20.00 50.00 461.98 5400 La Deney Street Senior 500.32 20.00 50.00 570.32
5430 La Deney Street Residential 368.13 20.00 50.00 438.13 9958 Lindero Avenue Residential 368.14 20.00 50.00 438.14 10042 Lindero Avenue Residential 368.16 20.00 50.00 438.16 10086 Lindero Avenue Residential 411.50 20.00 50.00 481.50 9864 Mammoth Drive Residential 370.09 20.00 50.00 440.09 9527 Marion Avenue Residential 368.14 20.00 50.00 438.14 9547 Marion Avenue Residential 274.52 20.00 50.00 344.52 9121 Mills Avenue Residential 367.93 20.00 50.00 437.93 9595 Mills Avenue Residential 402.07 20.00 50.00 472.07 9745 Mills Avenue Residential 368.14 20.00 50.00 438.14 9985 Mills Avenue Residential 387.73 20.00 50.00 457.73 9066 Monte Vista Avenue Residential 320.87 20.00 50.00 390.87 9858 Monte Vista Avenue Residential 357.27 20.00 50.00 427.27 9868 Monte Vista Avenue Residential 296.23 20.00 50.00 366.23 4257 Orchard Street Residential 367.82 20.00 50.00 437.82 4437 Orchard Street Residential 506.59 20.00 50.00 576.59 5690 Orchard Street Residential 368.14 20.00 50.00 438.14 5215 Palo Verde Street Residential 368.32 20.00 50.00 438.32 5557 Palo Verde Street Residential 271.82 20.00 50.00 341.82 5619 Palo Verde Street Residential 393.70 20.00 50.00 463.70 9925 Poulsen Avenue Residential 368.14 20.00 50.00 438.14 9935 Poulsen Avenue Residential 393.08 20.00 50.00 463.08 9991 Poulsen Avenue Residential 359.27 20.00 50.00 429.27 9375 Pradera Avenue Multifamily 1,511.07 20.00 50.00 1,581.07 9445 Pradera Avenue Multifamily 1,511.05 20.00 50.00 1,581.05 9842 Pradera Avenue Residential 383.86 20.00 50.00 453.86 MONTCLAIR CITY COUNCIL MEETING – 03/02/2026 Page 15 of 35 Exhibit A to Resolution No. 26–3510
Report of Delinquent Civil Debts – March 2026

Page 4 of 5 ends

Street No. Street Account Type Delinquency Release of
Lien Fee Lien Fee Total Lien Amount
10074 Pradera Avenue Residential 400.18 20.00 50.00 470.18 4426 Princeton Street Residential 368.58 20.00 50.00 438.58 4439 Princeton Street Residential 278.81 20.00 50.00 348.81 4467 Princeton Street Residential 368.89 20.00 50.00 438.89 4853 Princeton Street Residential 400.41 20.00 50.00 470.41 9136 Ramona Avenue Residential 511.07 20.00 50.00 581.07 9151 Ramona Avenue Residential 368.31 20.00 50.00 438.31 9175 Ramona Avenue Residential 354.65 20.00 50.00 424.65 9236 Ramona Avenue Residential 206.93 20.00 50.00 276.93 9275 Ramona Avenue Residential 369.88 20.00 50.00 439.88 9446 Ramona Avenue Residential 366.80 20.00 50.00 436.80 9587 Ramona Avenue Residential 368.14 20.00 50.00 438.14 9706 Ramona Avenue Residential 432.25 20.00 50.00 502.25 10015 Ramona Avenue Residential 360.60 20.00 50.00 430.60 9801 Ramona Avenuee Senior 363.82 20.00 50.00 433.82
9434 Rose Avenue Residential 368.14 20.00 50.00 438.14
9720 Rose Avenue Residential 444.26 20.00 50.00 514.26
9866 Rose Avenue Residential 368.14 20.00 50.00 438.14
4323 Rosewood Street Residential 549.29 20.00 50.00 619.29 4591 Rosewood Street Residential 247.67 20.00 50.00 317.67 4613 Rosewood Street Residential 550.93 20.00 50.00 620.93 4683 Rosewood Street Residential 368.14 20.00 50.00 438.14 4820 Rosewood Street Residential 556.03 20.00 50.00 626.03 4860 Rosewood Street Residential 434.27 20.00 50.00 504.27 4994 Rosewood Street Residential 329.11 20.00 50.00 399.11 5078 Rosewood Street Residential 319.56 20.00 50.00 389.56 5361 Rosewood Street Senior 331.62 20.00 50.00 401.62
5382 Rosewood Street Residential 257.28 20.00 50.00 327.28 5401 Rosewood Street Residential 403.32 20.00 50.00 473.32 11134 Roswell Avenue Residential 387.75 20.00 50.00 457.75 4300 Rudisill Street Residential 400.16 20.00 50.00 470.16 5432 Rudisill Street Residential 362.59 20.00 50.00 432.59 4711 San Bernardino Street Residential 368.32 20.00 50.00 438.32 4739 San Bernardino Street Residential 385.87 20.00 50.00 455.87 4833 San Bernardino Street Residential 353.93 20.00 50.00 423.93 4843 San Bernardino Street Residential 331.25 20.00 50.00 401.25 4892 San Bernardino Street Residential 564.46 20.00 50.00 634.46 5129 San Bernardino Street Senior 333.04 20.00 50.00 403.04 5216 San Bernardino Street Residential 368.14 20.00 50.00 438.14 5418 San Bernardino Street Residential 374.72 20.00 50.00 444.72 5489 San Bernardino Street Residential 407.40 20.00 50.00 477.40 5422 San Jose Street Residential 400.18 20.00 50.00 470.18 5433 San Jose Street Residential 324.55 20.00 50.00 394.55 5465 San Jose Street Residential 280.48 20.00 50.00 350.48 5473 San Jose Street Residential 311.88 20.00 50.00 381.88 5590 San Jose Street Residential 229.50 20.00 50.00 299.50 MONTCLAIR CITY COUNCIL MEETING – 03/02/2026 Page 16 of 35 Exhibit A to Resolution No. 26–3510
Report of Delinquent Civil Debts – March 2026

Page 5 of 5 ends

Street No. Street Account Type Delinquency Release of
Lien Fee Lien Fee Total Lien Amount
4424 San Jose Street #13 Residential 511.07 20.00 50.00 581.07 4424 San Jose Street #14 Residential 368.13 20.00 50.00 438.13 4424 San Jose Street #18 Residential 368.14 20.00 50.00 438.14 4424 San Jose Street #21 Residential 397.71 20.00 50.00 467.71 4424 San Jose Street #22 Residential 361.91 20.00 50.00 431.91 4424 San Jose Street #35 Residential 200.75 20.00 50.00 270.75 4630 San Jose Street L Residential 208.46 20.00 50.00 278.46 4622 San Jose Street O Residential 209.16 20.00 50.00 279.16 9831 Santa Anita Avenue Senior 587.58 20.00 50.00 657.58 9940 Santa Anita Avenue Residential 336.94 20.00 50.00 406.94 10016 Santa Anita Avenue Residential 381.57 20.00 50.00 451.57 9825 Saratoga Avenue Residential 368.14 20.00 50.00 438.14 9830 Saratoga Avenue Residential 771.09 20.00 50.00 841.09 9835 Saratoga Avenue Residential 368.32 20.00 50.00 438.32 4773 State Street Residential 200.97 20.00 50.00 270.97 5131 Sundance Drive Residential 363.85 20.00 50.00 433.85 9617 Surrey Avenue Residential 368.14 20.00 50.00 438.14 9773 Tudor Avenue Residential 400.13 20.00 50.00 470.13 10016 Tudor Avenue Residential 347.03 20.00 50.00 417.03 9784 Vernon Avenue Residential 368.38 20.00 50.00 438.38 5405 Yale Street Residential 511.07 20.00 50.00 581.07
Total: $77,057.97 $4,100.00 $10,250.00 $91,407.97
MONTCLAIR CITY COUNCIL MEETING – 03/02/2026 Page 17 of 35

CITY COUNCIL

AGENDA REPORT
DATE: MARCH 2, 2026
SECTION: BUSINESS ITEMS
ITEM NO.: A
FILE I.D.: PER597
DEPT.: PUBLIC WORKS
PREPARER: M. GHOBRIAL
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 26–3508 MAKING CERTAIN FINDINGS FOR AN EXCEPTION TO THE 180–DAY WAIT PERIOD PURSUANT TO GOVERNMENT CODE SECTIONS 7522.56 AND 21224 WITH AUTHORIZATION TO HIRE ROSEMARY HOERNING INTO THE PART–TIME, TEMPORARY RETIRED ANNUITANT POSITION OF

EXECUTIVE DIRECTOR OF ENGINEERING/MAJOR PROJECTS MANAGER CONSIDER AUTHORIZING A $37,500 APPROPRIATION FROM THE FY 2025–26 PUBLIC WORKS PERSONNEL BUDGET TO FUND THE PART–TIME, TEMPORARY

RETIRED ANNUITANT EXECUTIVE DIRECTOR OF ENGINEERING/MAJOR PROJECTS

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

The City Council is requested to consider adoption of Resolution No. 26–3508 authorizing the hiring of Rosemary Hoerning into the part–time and temporary retired annuitant position of Executive Director of Engineering/Major Projects Manager.

BACKGROUND: Rosemary Hoerning was initially hired on December 6, 2021, and is retired effective December 29, 2025.

Rosemary started working for the City in the part–time City Engineer Consultant position.

On April 10, 2023, she was appointed to the position of Executive Director of Engineering/Major Projects Manager.

Pursuant to GC §7522.56(b), “[a] retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree received the benefit without reinstatement from retirement, except as permitted by this section.” GC §7522.56(c) then provides the following exception: “A retired person may serve without reinstatement from retirement or loss or interruption of benefits provided by [CalPERS] upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has specialized skills needed in performing work of a limited duration.” GC §7522.56(f)(1) provides: “A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless… [t]he employer certifies the nature of the employment and the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar.”
Rosemary’s employment will be on a temporary, part–time basis and will remain at or below the 960 permitted hours per fiscal year a retired annuitant may work pursuant to GC §7522.56(d). Her specialized skills are needed to assist with crucial duties within the Public Works Department. It is anticipated that her employment as a retired annuitant will last the duration of the remaining 2025–2026 fiscal year, and may continue through MONTCLAIR CITY COUNCIL MEETING – 03/02/2026 Page 18 of 35 the second quarter of the 2026–2027 fiscal year. Also, pursuant to GC §7522.56(d), her pay may not exceed the maximum monthly base salary paid to other employees performing comparable duties as listed on a publicly available pay scheduled equal to an hourly rate. The maximum base salary for her position is $21,666.32, and the hourly equivalent is $125.00.

FISCAL IMPACT: The fiscal impact associated with hiring Rosemary Hoerning as a retired annuitant is estimated to be $37,500 for the remainder of Fiscal Year 2025–2026 if she works 20 hours per week from March 23 to June 30, 2026, which is approximately 480 hours less than the 960 hours authorized by GC §7522.56(d) and §21224.

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

1. Adopt Resolution No. 26–3508 making certain findings for an exception to the 180–day wait period pursuant to GC §7522.56 and §21224 with authorization to hire Rosemary Hoerning into the part–time, temporary retired annuitant position of Executive Director of Engineering/Major Projects Manager; and

2. Authorize a $37,500 appropriation from the FY 2025–26 Public Works Department Personnel Budget to fund the part–time, temporary retired annuitant position of Executive Director of Engineering/Major Projects Manager.

MONTCLAIR CITY COUNCIL MEETING – 03/02/2026 Page 19 of 35 Resolution No. 26–3508 Page 1 of 2
RESOLUTION NO. 26–3508

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MONTCLAIR MAKING CERTAIN FINDINGS FOR AN
EXCEPTION TO THE 180–DAY WAIT PERIOD PURSUANT
TO GOVERNMENT CODE SECTIONS 7522.56 AND 21224
WHEREAS, in compliance with Government (Gov.) Code Section 7255.56 of the California Public Employees’ Retirement Law, the City of Montclair must provide the California Public Employees Retirement System (CalPERS) this certification resolution when hiring a retiree before 180 days have passed since his or her retirement; and WHEREAS, Rosemary Hoerning, CalPERS ID No. 4754664970, retired from the City of Montclair in the position of Executive Director of Engineering/Major Projects Manager effective December 29, 2025; and
WHEREAS, Gov. Code Section 7522.56 requires that post–retirement employment commence no earlier than 180 days after the retirement date (which is June 27, 2026) without this certification resolution; and
WHEREAS, Gov. Code Section 7522.56 provides that this exception to the 180– day wait period shall not apply if the retiree accepts any retirement–related incentive; and
WHEREAS, the City Council, the City of Montclair and Rosemary Hoerning certify that Rosemary Hoerning has not and will not receive a Golden Handshake or any other retirement–related incentive; and
WHEREAS, the City of Montclair hereby appoints Rosemary Hoerning as an extra help retired annuitant to perform the duties of the Executive Director of Engineering/Major Projects Manager position on a part–time basis for the City of Montclair under Gov. Code Section 21224 effective March 23, 2026; and WHEREAS, the entire employment agreement, contract or appointment document between Rosemary Hoerning and the City of Montclair has been reviewed by this body and is attached herein as Exhibit A; and
WHEREAS, no matters, issues, terms, or conditions related to this employment and appointment have been or will be placed on a consent calendar; and WHEREAS, the employment shall be limited to 960 hours per fiscal year for all CalPERS employers; and
WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and WHEREAS, the maximum monthly base salary for this position is $21,666.32 and the hourly equivalent is $125.00, and the minimum monthly base salary for the position is $17,824.93 and the hourly equivalent is $102.84; and WHEREAS, the hourly rate paid to Rosemary Hoerning will be $125.00; and WHEREAS, Rosemary Hoerning has not and will not receive any other benefit, incentive, compensation in lieu of benefit, or other form of compensation in addition to this hourly pay rate and has certified that she has not received any unemployment insurance compensation during the 12-month period prior to her retirement date pursuant to Gov. Code Section 7522.56(e)(1); and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Montclair hereby certifies the nature of the appointment of Rosemary Hoerning as described herein and detailed in the attached employment agreement/contract/appointment document and that this appointment is necessary to fill the critically needed position of Assistant City Manager/Director of Human Services for the City of Montclair by March 23, 2026 because there are crucial Public Works Department duties that need to be completed.

MONTCLAIR CITY COUNCIL MEETING – 03/02/2026 Page 20 of 35 Resolution No. 26–3508 Page 2 of 2
APPROVED AND ADOPTED this XX day of XX, 2026.

Mayor
ATTEST:

City Clerk
I, Andrea M. Myrick, City Clerk of the City of Montclair, DO HEREBY CERTIFY that Resolution No. 26–3508 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 – 03/02/2026 Page 21 of 35

MEMORANDUM
“EXHIBIT A”
Resolution No. 26–3508
DATE: February 17, 2026
TO: Edward C. Starr, City Manager
FROM: Mina Ghobrial, Human Resources Manager
SUBJECT: PERSONNEL AUTHORIZATION: REQUEST TO HIRE ROSEMARY HOERNING INTO THE PART–TIME, TEMPORARY RETIRED ANNUITANT POSITION OF

EXECUTIVE DIRECTOR OF ENGINEERING/MAJOR PROJECTS MANAGER On December 29, 2025, Executive Director of Engineering/Major Projects Manager Rosemary Hoerning retired from the City of Montclair. Rosemary’s superior level of experience, knowledge, and professionalism are needed to assist the Public Works Department with a variety of administrative support to the department and the City of Montclair. The Pension Reform Act of 2012 prohibits employers from hiring retired annuitants within 180 days of their retirement. However, subsequent legislation provides for an exception to the 180–day wait period under specific conditions; i.e., the California Public Employees’ Retirement System (CalPERS) requires the City Council adopt a resolution to allow for an exception to the 180–day wait period to hire a retired employee for temporary, part–time employment during the wait period.

Rosemary’s exceptional knowledge, experience, leadership, and skills are essential to supporting critical functions within the Public Works Department. She will provide highlevel oversight and strategic guidance to ensure the effective administration and coordination of departmental operations. In addition, she will play a key role in advancing Public Works planning initiatives and supporting the development and implementation of departmental programs.

It is anticipated that her employment as a retired annuitant will last the duration of the remaining 2025–2026 fiscal year and may continue through the second quarter of the 2026–2027 fiscal year. Also, pursuant to Section 7522.56(d), her pay may not exceed the maximum monthly base salary paid to other employees performing comparable duties as listed on a publicly available pay scheduled equal to an hourly rate. The maximum base salary for her position is $21,666.32, and the hourly equivalent is $125.00. It is anticipated she will work up to 20 hours per week and no more than 960 hours for the remaining of this current fiscal year.

California Government Code § 7522.56(f)(1) provides: “A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless… [t]he employer certifies the nature of the employment and the appointment is necessary to fill a critically needed position before 180 days have passed MONTCLAIR CITY COUNCIL MEETING – 03/02/2026 Page 22 of 35 Personnel Committee Authorization: Retired Annuitant Rosemary Hoerning January 5, 2026

Page 2 ends

“EXHIBIT A”
Resolution No. 26–3508
and the appointment has been approved by the governing body of the employer in a public meeting. On March 2, 2026, the City Council will consider Resolution No. 26–3508 certifying the need to rehire Rosemary Hoerning into this part–time, temporary Executive Director of Engineering/Major Projects Manager position.

If the City Council adopts Resolution No. 26–3508, Rosemary Hoerning will be hired into the part–time, temporary retired annuitant Executive Director of Engineering/Major Projects Manager position effective March 23, 2026. This Personnel Authorization shall serve as the appointment document between Rosemary Hoerning and the City of Montclair, which shall be attached as Exhibit A for City Council’s consideration of Resolution No. 26–3508.

Therefore, on consideration that the City Council adopts Resolution No. 26–3508 on March 2, 2026, authorization is being requested to hire Rosemary Hoerning as a retired annuitant into a temporary, part–time position of Executive Director of Engineering/Major Projects Manager effective March 23, 2026, at the rate of $125.00/hour as a retired annuitant.

I, Rosemary Hoerning, certify that I have not and will not receive any other benefit, incentive, compensation in lieu of benefit, or other form of compensation in addition to this hourly pay rate and have not received any unemployment insurance compensation during the 12–month period prior to my retirement pursuant to Gov. Code Section 7522.56(e)(1).

Rosemary Hoerning
C: Director of Finance Kulbeck
Employment & Personnel Coordinator Kresback
Personnel File: M. Richter

MONTCLAIR CITY COUNCIL MEETING – 03/02/2026 Page 23 of 35 Personnel Committee Minutes – February 17, 2026 Page 1 of 1

MINUTES OF THE MEETING OF THE MONTCLAIR

PERSONNEL COMMITTEE HELD ON TUESDAY,
FEBRUARY 17, 2026, AT 6:00 P.M. IN THE CITY
ADMINISTRATIVE OFFICES, 5111 BENITO STREET,

MONTCLAIR, CALIFORNIA
I. CALL TO ORDER
Mayor Pro Tem Martinez called the meeting to order at 6:00 p.m.

II. ROLL CALL

Present: Mayor Pro Tem Martinez, Council Member Ruh, 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 February 2, 2026.

Moved by Council Member Ruh, seconded by Mayor Pro Tem
Martinez, and carried unanimously to approve the minutes of the Personnel Committee meeting on February 2, 2026.

IV. PUBLIC COMMENT – None
V. CLOSED SESSION
At 6:01 p.m., the Personnel Committee went into Closed Session regarding personnel matters related to appointments, resignations/ terminations, and evaluations of employee performance.

At 6:25 p.m., the Personnel Committee returned from Closed Session.

Mayor Pro Tem Martinez stated that no announcements would be made at this time.

VI. ADJOURNMENT
At 6:25 p.m., Mayor Pro Tem Martinez adjourned the Personnel Committee.

Submitted for Personnel Committee approval,
Edward C. Starr
City Manager
MONTCLAIR CITY COUNCIL MEETING – 03/02/2026 Page 24 of 35

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – January 20, 2026 Page 1 of 10

MINUTES OF THE REGULAR JOINT MEETING OF THE MONTCLAIR

CITY COUNCIL, SUCCESSOR AGENCY AND MONTCLAIR HOUSING

CORPORATION BOARDS, MONTCLAIR HOUSING AUTHORITY

COMMISSION, AND MONTCLAIR COMMUNITY FOUNDATION
BOARD HELD ON TUSEDAY, JANUARY 20, 2026, AT 7:00 P.M. IN THE CITY COUNCIL CHAMBERS, 5111 BENITO STREET,

MONTCLAIR, CALIFORNIA
I. CALL TO ORDER
Mayor/Chair Dutrey called the meeting to order at 7:00 p.m.

II. INVOCATION
Pastor Heather Freeman, Church of Jesus Christ of Latter–Day Saints Church, gave the invocation.

III. PLEDGE OF ALLEGIANCE
Council Member/Director Ruh led meeting participants in the Pledge.

IV. ROLL CALL

Present: Mayor/Chair Dutrey; Mayor Pro Tem/Vice Chair Martinez, Council Members/Directors Ruh, Lopez, and Mendez (Remotely present via webinar pursuant to GC 54953.8.3(c)(2)—contagious illness) City Manager/Executive Director Starr; Assistant City Manager/ Director of Human Services Richter; Director of Finance Kulbeck; Director of Public Works/City Engineer Heredia; Director of Community Development Diaz; Fire Chief Dierck; City Attorney Robbins; City Clerk Myrick
V. PRESENTATIONS
A. Community Activities Commission Military Banner Presentation Community Activities Commissioner Escalante stated that eighteen years ago, the Community Activities Commission (CAC) began sponsoring a military street banner program to recognize Montclair residents currently serving in the U.S. Armed Forces. He advised that in 2025, 35 military banners and two banners honoring all veterans were proudly displayed throughout Montclair.

Commissioner Escalante introduced and summarized the service of Ryan Miller (Army, 2016–2025), whose military service has concluded. Because Mr. Miller could not attend the meeting, Mayor Dutrey and Council Members presented his banner to his mother and extended the City’s gratitude for her son’s service to this country.

B. Introduction of New Administrative Services Department Employee Assistant City Manager/ Director of Human Services Richter introduced Human Resources Manager Mina Ghobrial, who began his employment with the City on December 8, 2025.

VI. PUBLIC COMMENT
• Sue Boyer, Feral Cat Friends of Chino, introduced her nonprofit organization, which provides foster and trap–neuter–return (TNR) services in the City of Chino. She requested that the City of Montclair or the Animal Resource Center of the Inland Empire (ARC) provide or assist her organization to expand TNR services into the area, noting ARC does not currently offer a TNR program to assist residents with controlling feral cat populations. She recommended mobilizing local volunteers in Montclair to assist with TNR, foster care, and other important animal services that are needed but not currently available to residents seeking assistance.

MONTCLAIR CITY COUNCIL MEETING – 03/02/2026 Page 25 of 35

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – January 20, 2026 Page 2 of 10 • Hillary, a resident, complained about an RV that remains parked in the O’Reilly Auto Parts parking lot on Mills Avenue as well as several homeless individuals inhabiting and sleeping on the property, noting a lack of response from the City despite reporting the issues to Code Enforcement. She noted other issues that frequently occur at businesses near her home including repeated false alarms from a security tower, excessive lighting, trespassing, and break–ins.

City Manager Starr explained that enforcement related to recreational vehicles (RVs) stored on private property requires coordination with the property owner, a formal abatement procedure, and court action, which can be time–consuming. He advised Code Enforcement has been working with the property owner and RVs have been removed from the property previously; however, repeat occurrences require restarting the process from the beginning. He referenced the City’s recently–adopted oversized vehicle ordinance, which allows the City to quickly enforce RVs and other oversized vehicles that are parked or stored on public streets. In response to the security alarm issue, he stated that false alarms are handled by the Police Department, which may issue citations for repeated violations, and requested Police Chief Reed look into recurring false alarms in the area.

VII. PUBLIC HEARINGS
A. First Reading — Consider Ordinance No. 25–1014 Amending the Zoning Code and Repealing and Replacing Chapter 11.23 of the Montclair Municipal Code Relating to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) in
Residential Zones (Case No. 2025–48)
Consider Setting a Public Hearing for Second Reading and to Consider Adoption of Ordinance No. 25–1014 on Monday,
February 2, 2026, at 7:00 p.m. in the City Council Chambers Mayor Dutrey announced this as the time and place set for a public hearing on the above matter, opened the public hearing, and invited comments from the public. Seeing no one in the audience wishing to speak, Mayor Dutrey closed the public hearing and returned the matter to the City Council for consideration.

Senior Planner Gutierrez provided a presentation on the updated ordinance that updates the Municipal Code’s current ADU chapter to comply with recent state housing laws by incorporating newly signed Assembly and Senate Bills, which address unpermitted ADUs built before 2020, parking replacement, definitions of livable space, short–term rental limits, owner–occupancy for JADUs, impact fee exemptions, and expanded ADU allowances on various properties.

She noted the ordinance aligns with mandatory state requirements, further limits local discretion, and follows a model drafted by the City’s special legal counsel. She added that once adopted, the ordinance must be submitted to the California Department of Housing and Community Development (HUD) within 60 days.

Council Member Lopez requested staff to provide him with a detailed report on the number and types of ADU permits submitted to date.

He suggested considering implementing a rental unit inspection program, and received confirmation that short–term rentals remain prohibited and clarification that single–family residential lots may now, in addition to the primary dwelling structure, have one attached ADU, one detached ADU, and one JADU. He expressed concerns regarding the potential impacts of the state’s legislation, including increased density, exacerbated parking issues, removal of local owner–occupancy requirements, and additional strain on the City’s services and infrastructure. However, he noted he would likely be forced to support the ordinance’s adoption due to the City’s obligation to comply with state law.

Mayor Dutrey requested a report of all the ADUs and JADUs that have already been constructed within the City.

MONTCLAIR CITY COUNCIL MEETING – 03/02/2026 Page 26 of 35

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – January 20, 2026 Page 3 of 10 ACTION – Public Hearing – Item A
ACTING: City Council
MOTION: Conduct the First Reading of Ordinance No. 25–1014 and set a Public Hearing to conduct the Second Reading
and to consider adoption of Ordinance No. 25–1014 on
Monday, February 2, 2026, at 7:00 p.m. in the City
Council Chambers
MADE BY:

SECOND BY:

Council Member Lopez
Council Member Ruh
AYES:

NOES:

ABSTAIN:

ABSENT:

Mendez, Lopez, Ruh, Martinez, Dutrey
None
None
None
RESULT: Motion carried 5–0.

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

MADE BY:

SECOND BY:

Council Member/Director Lopez
Mayor Pro Tem/ Vice Chair Martinez
AYES:

NOES:

ABSTAIN:

ABSENT:

Mendez, Lopez, Ruh, Martinez, Dutrey
None
None
None
RESULT: Motion carried 5–0.

A. Approval of Minutes

1. Regular Joint Meeting — December 1, 2025
ACTION – Consent Calendar – Item A–1
ACTING: City Council
Successor Agency Board
Montclair Housing Corporation Board
Montclair Housing Authority Commissioners
Montclair Community Foundation Board
RESULT: Approved on Consent Calendar; motion carried 5–0.

B. Administrative Reports

1. Consider Receiving and Filing City Treasurer’s Report – November 2025
ACTION – Consent Calendar – Item B–1
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

MONTCLAIR CITY COUNCIL MEETING – 03/02/2026 Page 27 of 35

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – January 20, 2026 Page 4 of 10

2. Consider Approval and Ratification of Warrant Register and Payroll Documentation
ACTION – Consent Calendar – Item B–2
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

3. Consider Receiving and Filing SA Treasurer’s Report – November 2025
ACTION – Consent Calendar – Item B–3
ACTING: Successor Agency Board
RESULT: Approved on Consent Calendar; motion carried 5–0.

4. Consider Approval of SA Warrant Report – November 2025 ACTION – Consent Calendar – Item B–4
ACTING: Successor Agency Board
RESULT: Approved on Consent Calendar; motion carried 5–0.

5. Consider Receiving and Filing MHC Treasurer’s Report – November 2025
ACTION – Consent Calendar – Item B–5
ACTING: Montclair Housing Corporation Board
RESULT: Approved on Consent Calendar; motion carried 5–0.

6. Consider Approval of MHC Warrant Register – November 2025
ACTION – Consent Calendar – Item B–6
ACTING: Montclair Housing Corporation Board
RESULT: Approved on Consent Calendar; motion carried 5–0.

7. Consider Receiving and Filing of MHA Treasurer’s Report – November 2025
ACTION – Consent Calendar – Item B–7
ACTING: Montclair Housing Authority Commissioners
RESULT: Approved on Consent Calendar; motion carried 5–0.

8. Consider Approval of MHA Warrant Register – November 2025
ACTION – Consent Calendar – Item B–8
ACTING: Montclair Housing Authority Commissioners
RESULT: Approved on Consent Calendar; motion carried 5–0.

MONTCLAIR CITY COUNCIL MEETING – 03/02/2026 Page 28 of 35

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – January 20, 2026 Page 5 of 10 C. Agreements

2. Consider Approval of Agreement Nos. 26–03, 26–04, and 26–05 with Montclair Little League and Golden Girls Softball League for Use of Ball Field Facilities, Subject to Any Revisions Deemed Necessary by the City Attorney
Council Member Lopez questioned the deposit amount and
contract restrictions on banners and shade cloths due to concerns that banning league banners limits outreach and volunteer efforts, and that requiring removal of shade cloths after field is an additional burden on the league.

Assistant City Manager/Director of Human Services Richter confirmed the annual deposit is approximately $300, which is rolled over from the previous season. She explained the restrictions are necessary for compliance with the City’s Municipal Code; prevent vandalism and theft of unattended banners and shade cloths; and ensure safety, maintenance, and appearance by preventing wear and damage from weather and other natural elements over time. She acknowledged the rules have not been consistently enforced during renovations, and noted future enforcement will prioritize safety and condition over strict removal deadlines.

ACTION – Consent Calendar – Item C–2
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

3. Consider Approval of Agreement No. 26–06 with Blais & Associates, Inc. for Grant Writing Services, Subject to Any Revisions Deemed Necessary by the City Attorney
Consider Authorizing a $39,787 Appropriation from the
Lease Revenue Bond Fund for Costs Related to Agreement No. 26–06
Council Member Mendez commended staff for securing 17
grants totaling over $23 million and requested a list of the remaining 14 grants not detailed in the staff report. He requested clarification on the fiscal impact breakdown, noting the $120,000 cost of the contract is not fully reconciled by the reported funding sources.

Assistant City Manager/Director of Human Services Ritcher clarified that $39,787 is requested to be funded through lease revenue bond funds, $60,000 for the contract will be requested in the upcoming FY 2026–27 budget, and the remaining
approximately $20,213 is covered by the current fiscal year’s budget.

Council Member Lopez expressed similar concerns regarding the fiscal impact breakdown as written, and requested that all funding sources, including those from current, past, and future fiscal years, be explicitly identified in future staff reports for clarity and transparency.

ACTION – Consent Calendar – Item C–3
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

MONTCLAIR CITY COUNCIL MEETING – 03/02/2026 Page 29 of 35

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – January 20, 2026 Page 6 of 10

4. Consider Approval of Agreement No. 26–07, Amendment
No. 1 to Agreement No. 22–62 with CASC Engineering, Inc. for Assistance with the City’s National Pollution Discharge Elimination System (NPDES) Program, Subject to Any
Revisions Deemed Necessary by the City Attorney
Council Member Mendez requested a copy of the audit report of the City’s sewer program, noting that his prior request had not yet been fulfilled. He suggested that once hired, the new Public Works Inspector could assist with construction–related
stormwater inspections to help alleviate inspection workload and improve efficiency.

City Manager Starr clarified that only a preliminary audit report has been received and noted the City is awaiting the final audit report from the state. He confirmed that the final audit report will be provided to Council once it is received.

ACTION – Consent Calendar – Item C–4
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

D. Resolutions — None
IX. PULLED CONSENT CALENDAR ITEMS

1. Consider Approval of Agreement No. 26–01, a Memorandum of Understanding (MOU) with the County of San Bernardino for Participation in, and Operation of, a Proposed Regional West End Navigation Center (WENC) Serving the West End Communities of San Bernardino County, Subject to Any Revisions Deemed
Necessary by the City Attorney
Consider Approval of Agreement No. 26–02, a MOU with the County of San Bernardino for Funding Terms and Conditions for the City of Montclair’s Participation in WENC, Subject to Any Revisions Deemed Necessary by the City Attorney
Consider Authorizing City Manager Starr to Execute Agreement Nos. 26–01 and 26–02 and All Other Documents Related to Participation in and Operation of WENC
Consider Appointing Mayor Dutrey to Serve on the WENC
Oversight Committee
Consider Appointing Community Development Director Diaz to Serve on the WENC Operations Committee
City Manager Starr discussed regional homeless trends and noted that, while Montclair has proactively implemented its own programs to address homelessness within its boundaries, staff continues to engage with regional partners and County leadership to promote the issue as a shared responsibility. He emphasized the complexity addressing homelessness and the need for collaboration, innovation, and regional involvement, noting the loss of state redevelopment resources has further prevented cities from handling the issue independently over the past decade.

City Manager Starr explained the proposed formation of the Regional West End Navigation Center (WENC), which aims to address homelessness as a regional and statewide challenge that individual cities have not been able to resolve alone. He described WENC as a temporary, service–oriented facility designed to connect individuals to housing and support services. He discussed the City’s allocated number of beds based on the 2024 Point–in–Time Count of homeless individuals living in the City, and annual membership cost. He advised the MOU term is ten years, and WENC is anticipated to begin operating in 2027 and the facility will be located at 11109 Jasmine Street, in Fontana.

MONTCLAIR CITY COUNCIL MEETING – 03/02/2026 Page 30 of 35

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – January 20, 2026 Page 7 of 10 He advised that since publication of the agenda report, negotiations with the County regarding the City’s annual participation cost share have continued, and the County has proposed contributing “up to $150,000” per year pursuant to availability of Community Development Block Grant (CDBG) program funds, and requested that the funding terms be incorporated into Agreement No. 26–01. He noted staff would like to negotiate to amend the language to guarantee the County’s offset at $150,000; therefore, staff’s original recommendation for the City Council to approve Agreement No. 26–02 is withdrawn, and the recommendation for approval of Agreement No. 26–01 would be subject to the following, should the City Council approve the MOU:
• Participation will be based on final acceptance, by the City of Montclair, of terms related to the proposed CDBG funding approach via the County’s annual action plan, as provided for in San Bernardino County’s letter dated January 15, 2026, referencing the “West End Navigation Center — Proposed CDBG Funding Approach via Annual Action Plan.”
• City staff will work with the City Attorney to ensure the agreement letter meets the City’s requirements prior to final acceptance of Agreement No. 26–01.

Mayor Pro Tem Martinez concurred that homelessness requires coordinated regional solutions and emphasized the importance of understanding the long–term operational and fiscal impacts of the Navigation Center. She asked whether the County could arbitrarily choose to allocate less than $150,000 or nothing at all from their CDBG allocation if they refuse to alter the language. She also questioned the number of available beds and what would happen if there are not enough for homeless individuals brought from Montclair.

City Manager Starr advised CDBG funds are allocated by the Board of Supervisors annually and cannot be preemptively committed, so the language may simply be intended to protect them from HUD’s grant restrictions. In response to bed allocation, he noted City would have the ability to purchase the use of available beds by paying for them at a rate of $125 per night. He clarified that the homeless individual would need to claim the sponsoring City as their residence to claim a bed from the City’s allocated beds.

Council Member Mendez acknowledged the challenges associated with homelessness. He asked whether non–participating cities like Ontario would coordinate and share resources with WENC.

City Manager Starr advised he is not aware of whether Ontario would allow other cities to use its planned homeless center.

Council Member Lopez received confirmation that the City is no longer considering the purchase of a local motel to provide homeless services; WENC could not prevent participants from checking themselves out; cities would need to determine whether they will re– admit those who have voluntarily left the facility;
Council Member Ruh expressed concerns regarding the long–term commitment to this agency, noting we may discover it is not meeting the City’s needs after five years and would not be able to leave. He also criticized the location of the center, noting it is in Fontana which is nowhere near Montclair. He noted unhoused individuals who call the City of Montclair their home likely have friends, family, and connections that they would like to remain near. He stated his preference is for a more local model akin to what Azusa and Montebello have implemented.

City Manager Starr responded to additional questions and concerns of Council Members by clarifying that the WENC concept is intended to focus on assessment, stabilization, and connection to permanent housing, rather than to function as a short– or long–term shelter. He explained that the successful operation of a navigation center relies heavily on County participation, regional cooperation, and the MONTCLAIR CITY COUNCIL MEETING – 03/02/2026 Page 31 of 35

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – January 20, 2026 Page 8 of 10 availability of wrap–around services, including behavioral health, substance use treatment, and housing placement. He advised City staff—which may include any agent of the City but would likely be Police or Code Enforcement Officers depending on time of day and availability—would be responsible for transporting these individuals both to the navigation center and back to the City if they choose to leave.

He further acknowledged concerns regarding future and ongoing costs and accountability, and advised that any navigation center model would require clear operational guidelines, performance metrics, and regular reporting to the governing bodies of its member agencies. He added the two advisory committees for Oversight and Operations will provide the City with an opportunity for continuous input and control.

In response to concerns regarding neighborhood impacts and the proposed location of the navigation center, he acknowledged that this is a sensitive issue and emphasized that the City must carefully balance public health and safety, economic considerations, and residents’ quality of life—both housed and unhoused. He noted that the navigation center approach aims to reduce unsheltered homelessness and related impacts, rather than worsen them. He also reiterated that staff is actively exploring alternative solutions and, should any feasible options arise, will present those to the City Council prior to any formal implementation or commitments.

ACTION – Consent Calendar – Item C–1
ACTING: City Council
MOTION: Approve Agreement No. 26–01, a Memorandum of
Understanding with the County of San Bernardino for
participation in, and operation of, a proposed Regional West End Navigation Center (WENC) serving the west
end communities of San Bernardino County—based on
final acceptance, by the City of Montclair, of terms
related to the proposed CDBG funding the County’s
annual action plan, as provided for in San Bernardino
County’s letter dated January 15, 2026, referencing the “West End Navigation Center — Proposed CDBG
Funding Approach via Annual Action Plan,” subject to
any revisions deemed necessary by the City Attorney;
Authorize City Manager Starr to execute Agreement
No. 26–01 and all other documents related to
participation in and operation of WENC;
Appoint Mayor Dutrey to serve on the WENC Oversight
Committee; and
Appoint Community Development Director Diaz to
serve on the WENC Operations Committee.

MADE BY:

SECOND BY:

Mayor Dutrey
Mayor Pro Tem Martinez
AYES:

NOES:

ABSTAIN:

ABSENT:

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

X. BUSINESS ITEM
A. Consider Adoption of Resolution No. 26–3505 Making Certain Findings for an Exception to the 180–Day wait Period Pursuant to Government Code Sections 7522.56 and 21224 with Authorization to Hire Marcia Richter into the Part–Time, Temporary Retired Annuitant Position of Assistant City Manager/Director of Human Services
MONTCLAIR CITY COUNCIL MEETING – 03/02/2026 Page 32 of 35

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – January 20, 2026 Page 9 of 10 Consider Authorizing a $60,000 Appropriation from the FY 2025–26 Administrative Services/Human Services Departments’ Personnel Budgets to Fund the Part–Time, Temporary Retired Annuitant Positions of Assistant City Manager/Director of Human Services
Council Member Mendez questioned the $60,000 fiscal impact, noting that the employee retired in December and that remaining personnel funds for the fiscal year should result in overall cost savings rather than an added impact.

City Manager Starr confirmed that salary savings exist due to the employee’s retirement; however, City Council’s authorization is required to reallocate those saved wages in order to continue compensating the retiree under the proposed arrangement.

ACTION – Business Item – Item A
ACTING: City Council
MOTION: Adopt Resolution No. 26–3505 making certain findings for exception to the 180–day wait period pursuant to
Government Code Section 7522.56 and 21224 with
authorization to hire Marcia Ritcher into the part-time, temporary retired annuitant position of Assistant City
Manager/Director of Human Services
MADE BY:

SECOND BY:

Mayor Dutrey
Council Member Lopez
AYES:

NOES:

ABSTAIN:

ABSENT:

Mendez, Lopez, Ruh, Martinez Dutrey
None
None
None
RESULT: Motion carried 5–0.

XI. COMMUNICATIONS
A. Department Reports — None
B. City Attorney
City Attorney Robbins requested the City Council meet in closed session concerning the following:

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

3. Pursuant to GC §54956.9(d)(1) Regarding Pending Litigation Dow/Alvarran v. Montclair
Ibanez v. Montclair

4. Pursuant to GC §54956.8 Regarding Property Negotiations Property: APNs 1008–611–20–0000 and 1008–611–13–0000
Negotiating Parties: City of Montclair, Brito Brothers LLC City Negotiator: Edward C. Starr, City Manager
Under Negotiation: Recommendations Regarding Purchase Price City Attorney Robbins rescinded her request to meet in closed session concerning the following:

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

2. Pursuant to GC §54956.9(d)(4) Regarding Potential
Litigation
One Potential Case
MONTCLAIR CITY COUNCIL MEETING – 03/02/2026 Page 33 of 35

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – January 20, 2026 Page 10 of 10 C. City Manager/Executive Director
City Manager Starr discussed scheduling of the midyear budget review, tentatively set for Thursday, February 26, pending confirmation, and directed staff to circulate confirmation emails.

D. Mayor/Chair
Mayor/Chair Dutrey announced the passing of former Fire Chief Troy Ament and noted tonight’s meeting would be adjourned in his memory. He extended condolences to Mr. Ament’s family and friends.

E. Council Members/Directors

1. Council Member/Director Lopez reported that since January 6, ARC has taken in 125 dogs and is currently overwhelmed. In early January, 39 stray dogs arrived in five days, highlighting the urgent need for fostering, adoption, and volunteers to assist with dog care.

2. Council Member/Director Mendez expressed condolences regarding the passing of former Montclair Fire Chief Troy Ament.

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

1. Personnel Committee Meeting — December 15, 2025
XI. CLOSED SESSION
At 10:01 p.m., the City Council went into closed session to discuss potential litigation, pending litigation, and property negotiations.

XII. CLOSED SESSION ANNOUNCEMENT
At 10:14 p.m., the City Council returned from closed session. Mayor Dutrey announced that the City Council discussed potential, pending litigation, and property negotiations; information was received from staff; and no further announcements would be made at this time.

XIII. ADJOURNMENT
At 10:14 p.m., the City Council, Successor Agency Board, Montclair Housing Corporation Board, Montclair Housing Authority Commission, and Montclair Community Foundation Board were adjourned .

Submitted for City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority
Commission/Montclair Community Foundation Board approval, Andrea Myrick,
City Clerk
This meeting was adjourned in memory of Troy Ament,
former City of Montclair Fire Chief.

MONTCLAIR CITY COUNCIL MEETING – 03/02/2026 Page 34 of 35

PENDING

APPROVAL
Special City Council Meeting Minutes – February 2, 2026 Page 1 of 1

MINUTES OF THE SPECIAL MEETING OF THE MONTCLAIR
CITY COUNCIL HELD ON MONDAY, FEBRUARY 2, 2026, AT
5:45 P.M. IN THE CITY COUNCIL CHAMBERS, 5111 BENITO

STREET, MONTCLAIR, CALIFORNIA
I. CALL TO ORDER
Mayor Dutrey called the meeting to order at 5:45 p.m.

II. ROLL CALL

Present: Mayor Dutrey; Mayor Pro Tem Martinez; Council Member Mendez City Manager Starr; City Attorney Robbins; Assistant City Manager/ Director of Human Services Richter; Human Resources Manager Ghobrial; City Clerk Myrick

Absent: Council Members Ruh and Lopez
III. PUBLIC COMMENT
• Bruce Culp expressed his disproval of the continued use of City resources related to sexually harassing conduct perpetrated by Council Member Lopez towards two City employees and urged the City Council to consider alternative options to restrict or remove him from office, including pursuing potential legislative authority at the state level. He requested that costs and impacts related to Council Member Lopez’s actions and additional sanctions be discussed in open session.

IV. CLOSED SESSION PURSUANT TO GOVERNMENT CODE 54956.9(d)(1)

REGARDING PENDING LITIGATION
A. Fuentes/Garcia v. Lopez, City of Montclair
At 5:50 p.m., the City Council went into closed session to discuss pending litigation.

V. CLOSED SESSION ANNOUNCEMENTS
At 6:52 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 6:53 p.m., the City Council was adjourned.

Submitted for City Council approval,
Andrea Myrick,
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 03/02/2026 Page 35 of 35

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