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Minutes

Montclair City Council
March 16, 2026

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March 16, 2026
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Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – March 16, 2026 Page 1 of 9

MINUTES OF THE REGULAR JOINT MEETING OF THE MONTCLAIR

CITY COUNCIL, SUCCESSOR AGENCY AND MONTCLAIR HOUSING

CORPORATION BOARDS, MONTCLAIR HOUSING AUTHORITY

COMMISSION, AND MONTCLAIR COMMUNITY FOUNDATION
BOARD HELD ON MONDAY, MARCH 16, 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
Dianna Delgado, Chaplain of the Streets, gave the invocation.

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

IV. ROLL CALL

Present: Mayor/Chair Dutrey; Mayor Pro Tem/Vice Chair Martinez; Council Member/Directors Ruh, Lopez, and Mendez
City Manager/Executive Director Starr; Assistant City Manager/ Director of Human Services Richter; Director of Finance Kulbeck; Director of Public Works/City Engineer Heredia; Fire Chief Dierck; City Attorney Robbins; City Clerk Myrick
V. PRESENTATIONS
A. Introduction of New Public Works Department Employee Director of Public Works/City Engineer Heredia introduced recently hired Public Works Inspector Aaron Pearson.

B. Proclamation Declaring April 2026 as “Child Abuse Prevention Month” in the City of Montclair
Mayor Dutrey presented a proclamation declaring April 2026 as Child Abuse Prevention Month to Ashley Brooksher, Network Officer with the San Bernardino County Children’s Network.

VI. PUBLIC COMMENT
• Ruby Long, Senior Field Representative, Office of San Bernardino County Fourth District Supervisor Curt Hagman, announced a low– cost spay, neuter, and vaccine clinic to be held on March 27 at the Chino Valley YMCA, where services will be offered at low cost, requiring pre–registration for appointments online starting March 20. • Tina Silva submitted a written comment urging the City Council to take a position against Immigration and Customs Enforcement (ICE) activity in the community, and expressed concern regarding alleged coordination between local law enforcement and federal immigration authorities.
• Alex Lopez, Reach Out, addressed the City Council regarding 7–hydroxymitragynine, commonly known as “7–OH,” an unregulated opioid–like substance being sold in local establishments. He outlined potential risks including addiction, overdose, and youth accessibility, noted its lack of FDA approval, and encouraged the City to consider regulatory actions consistent with neighboring jurisdictions.

Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – March 16, 2026 Page 2 of 9 • Veronica requested that the City take actions against ICE and in support of the community, including the establishment of a financial assistance program for affected families, prohibition of ICE staging on City property, restrictions on City contracts involving data sharing with ICE, and investigate targeted enforcement patterns in specific neighborhoods. She discussed concerns regarding ICE’s presence impacting children, schools, and overall community well–being. • Priscila expressed concerns regarding the reported frequency and concentration of ICE activities in Montclair, and called the City Council to acknowledge the issue, evaluate local policies, and consider measures to support affected residents.
• Shirley discussed the impact of ICE activities on Montclair residents, including repeated targeted incidents within specific neighborhoods and urging the City Council to take action to protect residents’ rights, implement policies limiting such activities, and provide assistance to affected families.
• Maria Santay criticized the City’s perceived lack of concern and inaction in response to ICE activities and urged City officials to engage directly with affected residents, provide resources and support to impacted families, and take a proactive stance in opposition to ICE to protect the community.

VII. PUBLIC HEARINGS — None
VIII. CONSENT CALENDAR
ACTION – Consent Calendar
ACTING: City Council
Successor Agency Board
Montclair Housing Corporation Board
Montclair Housing Authority Commissioners
Montclair Community Foundation Board
DISCUSSION D–1
MOTION: Pull Item D–1 and approve the remainder of the Consent Calendar, as presented.

MADE BY:

SECOND BY:

Council Member/Director Lopez
Council Member/Director Mendez
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 — February 2, 2026
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.

Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – March 16, 2026 Page 3 of 9 B. Administrative Reports

1. Consider Receiving and Filing of Treasurer’s Report – January 2026
ACTION – Consent Calendar – Item B–1
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

2. Consider Approval and Ratification of Warrant Register & 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 – January 2026
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 Register – January 2026 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 – January 2026
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 – January 2026 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 – January 2026
ACTION – Consent Calendar – Item B–7
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – March 16, 2026 Page 4 of 9

8. Consider Approval of MHA Warrant Register – January 2026 ACTION – Consent Calendar – Item B–8
ACTING: Montclair Housing Corporation Board
RESULT: Approved on Consent Calendar; motion carried 5–0.

9. Consider Approval of the Plans and Specifications and Authorizing Staff to Advertise for Bid Proposals for
Construction of the Arrow Highway Improvement
Rehabilitation and Traffic Signal Interconnect Project
ACTION – Consent Calendar – Item B–9
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

10. Consider Declaring Used Washer–Extractor Systems as Surplus and Available for Donation to the Fire Department of Huatabampo, Sonora in Mexico
ACTION – Consent Calendar – Item B–10
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

C. Agreements

1. Consider Approval of Agreement No. 26–14 with Montclair Station Apartments, LLC, an Operations and Management
Regulatory Agreement Regarding the Clara Project Located at the Southwest Corner of Richton Street and Monte Vista
Avenue, Subject to Any Revisions Deemed Necessary by the City Attorney
ACTION – Consent Calendar – Item C–1
ACTING: City Council
RESULT: Approved on Consent Calendar; Motion carried 5–0.

2. Consider Approval of Agreement No. 26–15, Amendment No. 1 to Agreement No. 25–22 with Ontario–Montclair School
District to Extend the Montclair After–School Summer
Program to Include Session 2 in July 2026, Subject to Any Revisions Deemed Necessary by the City Attorney
ACTION – Consent Calendar – Item C–2
ACTING: City Council
RESULT: Approved on Consent Calendar; Motion carried 5–0.

Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – March 16, 2026 Page 5 of 9

3. Consider Approval of Agreement No. 26–16 with AGA
Engineers, Inc. for Professional Engineering Design Services for the Central Avenue Smart Corridor Project, Subject to Any Revisions Deemed Necessary by the City Attorney
Consider Authorizing a $294,980 Allocation from the 2021 Lease Revenue Bond Fund for this Project
Council Member Lopez requested clarification on funding allocation and whether the project had already been approved and initiated.

City Manager Starr confirmed that a proposal has been requested from the City’s traffic consultant to formalize an agreement for the design phase of improvements along the Central Avenue corridor.

Public Works Director/City Engineer Heredia addressed traffic concerns on Monte Vista Avenue and I-10 interchange and clarified that while multiple locations had been considered for grant funding, available funds were limited, and the Central Avenue corridor project was prioritized
ACTION – Consent Calendar – Item C–3
ACTING: City Council
RESULT: Approved on Consent Calendar; Motion carried 5–0.

IX. PULLED CONSENT CALENDAR ITEMS
D. Resolutions

1. Consider Adoption of Resolution No. 26–3509 Conditionally Approving the Transportation Expenditure Plan Attached as Exhibit “A” to San Bernardino County Transportation
Authority (SBCTA) Ordinance No. 26–01, the Latter Proposing Continuing Indefinitely, on and after April 1, 2040, Unless and Until Rescinded by Voters, the Measure “I” One–Half of One Percent Retail Transactions and Use Tax in San Bernardino County for Transportation Projects, Subject to Voter Approval of SBCTA Ordinance No. 26–01 at the November 3, 2026
General Election
Bruce Culp, resident, spoke in support of applying conditions to endorsement of this proposed County Measure I tax
extension, raised concerns regarding fiscal management of the tax dollars generated from Measure I by SBCTA, and
recommended that the City require accountability and more specific conditions prior to granting approval.

Mayor Dutrey received clarification from staff that amendments to the agenda report incorporated additional context and did not revise the proposed resolution.

ACTION – Resolution – Item D–1
ACTING: City Council
MOTION: Adopt Resolution No. 26–3509 as presented.

MADE BY:

SECOND BY:

Mayor Dutrey
Mayor Pro Tem Martinez
AYES:

NOES:

ABSTAIN:

ABSENT:

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

Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – March 16, 2026 Page 6 of 9 X. BUSINESS ITEMS
A. Consider Adoption of Resolution No. 26–3511 Reaffirming the Provisions and Recitals of Resolution No. 22–3344 Including, but Not Limited to, the City Council’s Disapproval of Certain Conduct and Behavior by, and Censure of, Council Member Benjamin “Ben” Lopez, Re–Ratifying Protective Actions Taken by the City Manager, and Further Expanding the Censure by Directing that Certain Restrictions and Administrative/Economic Sanctions be Taken Against Council Member Ben Lopez
• Carolyn Raft, resident, commented on Council Member Lopez’s lack of accountability and questioned his ability to continue serving effectively on the City Council due to his harassment and ethical liability to the City placing a financial burden on taxpayers. She urged him to accept responsibility for his actions and resign.
• Alice Garcia, resident, promoted her effort to recall Council Member Lopez.
• Edmund Garcia, Sr. resident, discussed community outreach efforts for Council Member Lopez’s recall and criticized the City Council’s perceived lack of concern and inaction.
• Donald Mohr, resident, criticized Council Member Lopez’s previous public statements denying his actions, noting he is directly responsible for the cost of these lawsuits, and demanded his resignation.
• Fred Ahrens, resident, expressed disappointment in Council Member Lopez’s conduct and the resulting financial burden on the City for litigation and a potential a recall election. He urged Council Member Lopez to resign in the interest of the City. • Janetta Morrisoy, resident, commented on Council Member Lopez’s misconduct and the financial impact of his actions on taxpayers, emphasized the need for accountability, and called for his immediate resignation.
• Bruce Culp, resident, emphasized Council Member Lopez was found liable for sexual harassment by a judge in civil court, and the resulting financial and reputational implications for the City.

He asked if any of the penalties have been paid back to the City by Council Member Lopez. He requested Council Member
Lopez’s photo be removed from City buildings so the victims do not have to see their harasser’s face at work every day. He urged the City to review additional avenues of its administrative authority to remove Council Members from office over
employment matters related to egregious misconduct.
• Tenice Johnson, resident, submitted a written comment supporting the censure of Council Member Lopez to maintain a workplace free from harassment, noting the negative impacts on the harassed employees’ morale while he remains in office.

City Manager Starr clarified that neither he nor the City Council can remove an elected official from office, as removal is governed solely by state law through criminal conviction, grand jury action, or through limited statutory grounds. He confirmed that Council Member Lopez has not started repaying court–ordered costs, and City expenses related to the case are estimated between $700,000 and over $1 million. He noted that displaying Council Member photos in City facilities is customary, but not legally required.

Mayor Dutrey explained that the actions in the proposed resolution involved multiple closed–session discussions after the court ruling, where legal options and liabilities were assessed. He expressed longstanding concerns about the City’s liability, including settlement costs, legal expenses, and ongoing risks. He warned that continued exposure could trigger more lawsuits and that the City’s liability insurance may no longer cover claims related to his future Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – March 16, 2026 Page 7 of 9 misconduct. He implored Council Member Lopez to resign in the City’s best interest to reduce risk and safeguard employees.

Mayor Pro Tem Martinez criticized Council Member Lopez for ongoing violations of the prior censure that is currently in place, including refusing to attend additional harassment training and continuing to attend and engage with staff at City events. She emphasized that the new resolution holds Council Member Lopez accountable with enforceable penalties like pay cuts and benefit suspension. She called for Council Member Lopez’s resignation to protect the City and its staff and restore effective governance.

Council Member Lopez stated he believes public opinion is largely fixed but maintained his innocence, asserting there is more to the story. He described alleged harassment and blackmail attempts against him involving anonymous persons and fake accounts, threatening messages, and fraudulent activity, which he reported to police. He also denied accusations of harassing recall proponents, explaining his actions were related to serving his answer to the recall notice, which were lawful and documented. While acknowledging criticism, he thanked his supporters and reiterated that he would continue to serve, encouraging the City Council to act according to their conscience.

Mayor Pro Tem Martinez moved to include the removal of Council Member Lopez’s photograph from all City facilities as part of the censure in response to residents’ concerns.

ACTION – Business Item – Item A (Motion to Amend)
ACTING: City Council
MOTION: Amend Resolution 26–3511 to include removal of
Council Member Lopez’s portraits and photographs
from all City facilities.

MADE BY:

SECOND BY:

Mayor Pro Tem Martinez
Mayor Dutrey
AYES:

NOES:

ABSTAIN:

ABSENT:

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

ACTION – Business Item – Item A
ACTING: City Council
MOTION: Adopt Resolution No. 26–3511, as amended.

MADE BY:

SECOND BY:

Mayor Pro Tem Martinez
Mayor Dutrey
AYES:

NOES:

ABSTAIN:

ABSENT:

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

XI. COMMUNICATIONS
A. Department Reports
Assistant City Manager/Director of Human Services Richter announced the Easter Eggstravaganza and Pancake Breakfast event to be held on April 4, from 9:00 to 11:00 a.m. at Alma Hofman Park, where activities, games, prizes, and photos with the Easter Bunny will be available.

Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – March 16, 2026 Page 8 of 9 B. City Attorney
City Attorney Robbin requested the City Council meet in closed session to discuss the following matters as listed on the agenda:

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

2. Pursuant to Gov. Code §54956.9(d)(4) Regarding Potential Litigation (One Potential Case)

3. Pursuant to Gov. Code §54956(d)(1) Regarding Pending Litigation
Ramirez v. Montclair
Fuentes/Garcia v. City of Montclair
Ibanez v. Montclair
Kresback v. Montclair
Young, etc. v. Montclair
City Attorney Robbin rescinded her request to meet in closed session to discuss the following matter as listed on the agenda:

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

2. Pursuant to Gov. Code §54956.9(d)(4) Regarding Potential Litigation (One Potential Case)
C. City Manager/Executive Director — None
D. Mayor/Chair — None
E. Council Members/Directors

1. Council Member/Director Ruh wished the community a happy St. Patrick’s Day and briefly updated on continued progress for the Gold Line project, noting strong support for its extension to Montclair from state legislators during a recent visit to Sacramento; and recognized International Women’s Month by highlighting Mary Wells Lawrence as the first female CEO of a Wall Street company in 1969.

2. Council Member/Director Lopez commended the Montclair Police Department for proactive enforcement efforts at Saratoga Park, including the seizure of firearms, and encouraged residents to report any suspicious activity; announced an upcoming Chino Basin Water Conservation District open
house event on March 19, from 5:00 to 7:00 p.m.; and shared efforts to assist local families with immigration–related challenges by connecting them with consulate resources to help update or obtain proper documentation.

3. Mayor Pro Tem/Vice Chair Martinez moved to add a future agenda item in response to public comments made this
evening.

ACTION – Communications (Motion 1)
ACTING: City Council
MOTION: Agendize a discussion of ICE activities, creation of a support fund for affected families, review of
City contracts involving data–sharing, and
restrictions on ICE’s use of public land.

MADE BY:

SECOND BY:

Mayor Pro Tem Martinez
None
RESULT: Motion failed due to the lack of a second.

Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – March 16, 2026 Page 9 of 9 Given the motion did not receive a second, Mayor Dutrey proposed City Manager Starr provide a report via memorandum to the City Council regarding neighboring Cities’ actions in response to ICE, information regarding ICE activities within the City, and staff interactions with ICE.

ACTION – Communications (Motion 2)
ACTING: City Council
MOTION: Direct City Manager Starr to provide a report via memorandum to the City Council regarding
neighboring Cities’ actions in response to ICE,
information regarding ICE activities within the
City, and staff interactions with ICE.

MADE BY:

SECOND BY:

Mayor Dutrey
Council Member Ruh
AYES:

NOES:

ABSTAIN:

ABSENT:

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

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

1. Public Works Committee — November 20, 2026

2. Personnel Committee — February 2, 2026
XI. CLOSED SESSION
At 9:33 p.m., the City Council went into closed session to discuss potential and pending litigation.

At 9:55 p.m., Council Member Lopez recused himself from the Fuentes/ Garcia v. Montclair matter and left the meeting.

XII. CLOSED SESSION ANNOUNCEMENT
At 10:20 p.m., the City Council returned from closed session. Mayor Dutrey announced that the City Council discussed two potential and five pending litigation matters; information was received and direction given to staff; and no further announcements would be made at this time.

XIII. ADJOURNMENT
At 10:20 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

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