Montclair City Council
April 20, 2026

CITY OF MONTCLAIR

CITY COUNCIL

SUCCESSOR REDEVELOPMENT AGENCY,

MONTCLAIR HOUSING CORPORATION, MONTCLAIR

HOUSING AUTHORITY, AND MONTCLAIR COMMUNITY

FOUNDATION MEETINGS

AGENDA PACKET
Monday, April 20, 2026
7:00 p.m.

Montclair City Council Chambers
5111 Benito Street
Montclair, CA 91763
Mayor
Javier “John” Dutrey
Mayor Pro Tem
Corysa Martinez
Council Members
Bill Ruh
Benjamin “Ben” Lopez
Xavier Mendez
City Manager
Edward C. Starr
City Attorney
Diane E. Robbins
City Clerk
Andrea M. Myrick

REGULAR JOINT MEETING OF THE

CITY COUNCIL, SUCCESSOR AGENCY, MONTCLAIR HOUSING CORPORATION,

MONTCLAIR HOUSING AUTHORITY, AND MONTCLAIR COMMUNITY FOUNDATION to be held in the Council Chambers
5111 Benito Street, Montclair, California
Monday, April 20, 2026
7:00 p.m.

If you want to provide spoken comments on an agenda item, including public hearing and closed session items, please complete a Speaker Card located in the Council Chambers. The Mayor/Chair (or the meeting’s Presiding Officer) will call on those who submitted requests to speak at the appropriate times during the meeting. Written comments (200–word limit per agenda item, and 200–word limit for all non– agenda items combined) may also be emailed to [email protected] or submitted at https://www.cityofmontclair.org/public– comment/ at least one hour before the meeting begins.

Watch Council meetings live on the City’s official YouTube Channel at https://www.youtube.com/cityofmontclair, or via Zoom using the following information: Zoom Link: https://zoom.us/j/93717150550 / Dial Number: 1 (669) 900–6833 / Meeting ID: 937–1715–0550.

Video recordings of Council meetings are available on the City’s website and can be accessed by the end of the business day following the meeting at https://www.cityofmontclair.org/council–meetings/.

AGENDA
I. CALL TO ORDER City Council [CC], Successor Agency Board [SA], Montclair Housing Corporation Board [MHC],
Montclair Housing Authority Commission [MHA],
Montclair Community Foundation Board [MCF]
II. INVOCATION
In keeping with our long–standing tradition of opening our Council meetings with an invocation, this meeting may include a nonsectarian invocation. Such invocations are not intended to proselytize or advance any faith or belief or to disparage any faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation.

III. PLEDGE OF ALLEGIANCE
IV. ROLL CALL
V. PRESENTATIONS
A. Proclamation Declaring April 25, 2026, the City of Montclair’s 70th Anniversary and Celebrating the Milestone with a Commemorative 70th Anniversary Logo VI. PUBLIC COMMENT
During Public Comment, you may comment on any subject that does not appear on this agenda. Each speaker has up to five minutes. The meeting’s presiding officer may provide more or less time to accommodate speakers with special needs or a large number of speakers waiting in line. (Government Code Section 54954.3).

Under the provisions of the Brown Act, the meeting bodies are prohibited from participating in substantial discussion of or taking action on items not listed on the agenda.

VII. PUBLIC HEARINGS — None Page No.

VIII. CONSENT CALENDAR
A. Approval of Minutes

1. Regular Joint Meeting — March 2, 2026 [CC/SA/MHC/MHA/MCF] 75

XXXXXXXXXXXXX
MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 1 of 79 Page No.

B. Administrative Reports

1. Consider Receiving and Filing of Treasurer’s Report [CC] 5

2. Consider Approval of Ratification of Warrant Register and Payroll Documentation [CC] 6

3. Consider Receiving and Filing of Treasurer’s Report [SA] 7

4. Consider Approval of Warrant Register [SA] 8

5. Consider Receiving and Filing of Treasurer’s Report [MHC] 9

6. Consider Approval of Warrant Register [MHC] 10

7. Consider Receiving and Filing of Treasurer’s Report [MHA] 11

8. Consider Approval of Warrant Register [MHA] 12
C. Agreements

1. Consider Ratification of Agreement No. 26–18 with TKE Engineering, Inc. for On–Call Project Management and Engineering Staff Services [CC] Authorize City Manager Edward C. Starr to Sign Agreement No. 26–18 [CC] 13

2. Consider Authorizing an $890,000 Appropriation from the Redevelopment Project Area No. III Tax Allocation Bond Fund for Costs Related to Construction of the Fremont Avenue Improvement Project [CC] Consider Award of Contract to Garcon Construction, Inc. in the Amount of $3,082,734.20 for Construction of the Fremont Avenue Improvement Project [CC]
Consider Approval of Agreement No. 26–19 with Garcon Construction, Inc. for Construction of the Fremont Avenue Improvement Project, Subject to Any Revisions Deemed Necessary by the City Attorney [CC} Consider Authorizing a $307,265.80 Construction Contingency for the Fremont Avenue Improvement Project [CC] 30

3. Consider Rescinding Agreement No. 25–49, Amendment No. 2 to Agreement No. 15–63 with the City of Chino, for Interchange Improvements at Central Avenue and State Route 60 [CC]
Consider Approval of Agreement No. 26–20, Amendment No. 2 to Agreement No. 15–63 with the City of Chino, for Interchange Improvements at Central Avenue at State Route 60 [CC]
Consider Authorizing an Additional $5,228 Appropriation from Measure I Funds for a Total Amount of $104,327 for the City’s Fair Share Contribution for the Project [CC]
Consider Authorizing City Manager Edward C. Starr to Execute Agreement No. 26–20 and Related Documents [CC] 41

4. Consider Approval of Agreement No. 26–21 with Pasadena Consulting Group LLC dba Electronic Filing Systems for Use of its eFile Platform to Facilitate the Electronic Filing of Fair Political Practices Commission Disclosure Statements, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] 48
D. Resolutions — None
MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 2 of 79 Page No.

IX. PULLED CONSENT CALENDAR ITEMS
X. BUSINESS ITEM
A. Consider Adoption of Urgency Ordinance No. 26–1017–U Adding Chapter

11.79 to the Montclair Municipal Code Relating to Additional Development Standards to Facilitate Ministerial Approvals for Development of Multi–Family Housing City–Wide [CC]
Consider Directing Staff to Process Ordinance No. 26–1017 as a Non–Urgency Ordinance for Consideration by the Planning Commission and City Council in Accordance with California Law and Development Code Hearing Requirements [CC] 64
XI. COUNCIL WORKSHOP
A. Master User Fee Schedule Presentation
(The City Council may consider continuing this item to an adjourned meeting on Monday, May 4, 2026, at 5:45 p.m. in the City Council Chambers) XII. COMMUNICATIONS
A. Department Reports

1. Public Works — Arbor Day Event on Friday, April 24, 2026 at Sunset Park 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]
Chism v. Montclair
Fuentes/Garcia v. Lopez, City of Montclair
Ibanez v. Montclair
Kresback v. Montclair
Young, etc. v. Montclair

4. Request to Meet in Closed Session Pursuant to Government Code §54957.6 Regarding Conference with Designated Labor Negotiator Edward C. Starr [CC]
Agency: City of Montclair
Employee Management Employees
Associations: Montclair City Confidential Employees Association Montclair General Employees – Teamsters Local 1932
Montclair Fire Fighters Association
Montclair Police Officers Association
C. City Manager/Executive Director
D. Mayor/Chairperson

1. Announcement of Four (4) Scheduled Vacancies on the Community Activities Commission for Full Four–Year Terms Ending June 30, 2030 [CC] MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 3 of 79 Page No.

2. Notice of Cancellation of June 15, 2026 Regular Joint Meeting [CC/SA/MHC/MHA/MCF]

3. Reinstatement of the July 6, 2026 Regular Joint Meeting [CC/SA/MHC/MHA/MCF]
E. Council Members/Directors
F. Committee Meeting Minutes (for informational purposes only)

1. Personnel Committee Meeting — April 6, 2026 [CC] 74
XIII. ADJOURNMENT
The next regular joint meeting of the City Council, Successor Agency Board, Montclair Housing Corporation Board, Montclair Housing Authority Commission, and Montclair Community Foundation Board will be held on Monday, May 4, 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, April 9, 2026.

MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 4 of 79

CITY COUNCIL

AGENDA REPORT
DATE: APRIL 20, 2026
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 1
FILE I.D.: FIN520
DEPT.: FINANCE
PREPARER: J. KULBECK
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The City Council is requested to consider receiving and filing the City of Montclair Treasurer's Report for the month ending February 28, 2026.

BACKGROUND: Included in the City Council’s agenda packet is a copy of the Treasurer's Report for the period ending February 28, 2026.

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

RECOMMENDATION: Staff recommends the City Council receive and file the Treasurer's Report for the month ending February 28, 2026.

MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 5 of 79

CITY COUNCIL

AGENDA REPORT
DATE: APRIL 20, 2026
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 2
FILE I.D.: FIN540
DEPT.: FINANCE
PREPARER: A. VONG/V. FLORES
SUBJECT: CONSIDER APPROVAL AND RATIFICATION OF WARRANT REGISTER AND PAYROLL

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

BACKGROUND: Mayor Pro Tem Martinez examined the Warrant Register dated April 6, 2026; and the Payroll Documentation dated March 22, 2026, and recommends their approval.

FISCAL IMPACT: The City Manager authorized the Warrant Register dated April 6, 2026, totaling $1,692,343.36.

The Payroll Documentation dated March 22, 2026, totals $963,625.03 gross, with $665,228.81 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 – 04/20/2026 Page 6 of 79

CITY COUNCIL

AGENDA REPORT
DATE: APRIL 20, 2026
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 3
FILE I.D.: FIN510
DEPT.: SA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The City Council acting as Successor to the Redevelopment Agency Board of Directors (Successor Agency Board) is requested to consider receiving and filing the Successor to the Redevelopment Agency Treasurer's Report for the month ending February 28, 2026, pursuant to state law.

BACKGROUND: Included in the Successor Agency Board’s agenda packet is a copy of the Successor to the Redevelopment Agency Treasurer's Report for the period ending February 28, 2026.

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

RECOMMENDATION: Staff recommends the Successor Agency Board receive and file the Successor to the Redevelopment Agency Treasurer's Report for the month ending February 28, 2026.

MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 7 of 79

CITY COUNCIL

AGENDA REPORT
DATE: APRIL 20, 2026
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 4
FILE I.D.: FIN530
DEPT.: SA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTER
REASON FOR CONSIDERATION: The City Council acting as Successor to the Redevelopment Agency Board of Directors is requested to consider receiving and filing the Successor to the Redevelopment Agency Warrant Register for the month ending February 28, 2026, pursuant to state law.

BACKGROUND: Vice Chair Martinez has examined the Successor to the Redevelopment Agency Warrant Register dated 02.01.26–02.28.26 in the amounts of $6,442.69 for the Combined Operating Fund and $0.00 for the Redevelopment Obligation Retirement Funds, and finds it to be in order.

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

RECOMMENDATION: Vice Chair Martinez recommends the City Council as Successor to the Redevelopment Agency Board of Directors approve the Successor to the Redevelopment Agency Warrant Register for the period ending February 28, 2026.

MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 8 of 79

CITY COUNCIL

AGENDA REPORT
DATE: APRIL 20, 2026
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 5
FILE I.D.: FIN525
DEPT.: MHC
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The Montclair Housing Corporation Board of Directors is requested to receive and file the Montclair Housing Corporation Treasurer's Report for the month ending February 28, 2026, pursuant to state law.

BACKGROUND: Included in the Montclair Housing Corporation Board agenda packet is a copy of the Treasurer's Report for the period ending February 28, 2026.

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

RECOMMENDATION: Staff recommends the Montclair Housing Corporation Board of Directors receive and file the Treasurer's Report for the month ending February 28, 2026.

MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 9 of 79

CITY COUNCIL

AGENDA REPORT
DATE: APRIL 20, 2026
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 6
FILE I.D.: FIN545
DEPT.: MHC
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTER
REASON FOR CONSIDERATION: The Montclair Housing Corporation Board of Directors is requested to consider receiving and filing the Warrant Register for the month ending February 28, 2026, pursuant to state law.

BACKGROUND: Vice Chair Martinez has examined the Warrant Register dated 02.01.26–

02.28.26 in the amount of $107,653.35 for the Montclair Housing Corporation and finds it to be in order.

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

RECOMMENDATION: Vice Chair Martinez recommends the Montclair Housing Corporation Board of Directors approve the Warrant Register for the period ending February 28, 2026.

MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 10 of 79

CITY COUNCIL

AGENDA REPORT
DATE: APRIL 20, 2026
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 7
FILE I.D.: FIN525
DEPT.: MHA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The Montclair Housing Authority Commission is requested to receive and file the Montclair Housing Authority Treasurer's Report for the month ending February 28, 2026, pursuant to state law.

BACKGROUND: Included in the Montclair Housing Authority Commission’s agenda packet is a copy of the Treasurer's Report for the period ending February 28, 2026.

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

RECOMMENDATION: Staff recommends the Montclair Housing Authority Commission receive and file the Treasurer's Report for the month ending February 28, 2026.

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CITY COUNCIL

AGENDA REPORT
DATE: APRIL 20, 2026
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 8
FILE I.D.: FIN545
DEPT.: MHA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTER
REASON FOR CONSIDERATION: The Montclair Housing Authority Commission is requested to consider receiving and filing the Warrant Register for the month ending February 28, 2026, pursuant to state law.

BACKGROUND: Vice Chair Martinez has examined the Warrant Register dated 02.01.26–

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

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

RECOMMENDATION: Vice Chair Martinez recommends the Montclair Housing Authority Commission approve the Warrant Register for the period ending February 28, 2026.

MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 12 of 79

CITY COUNCIL

AGENDA REPORT
DATE: APRIL 20, 2026
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 1
FILE I.D.: PUB155
DEPT.: PUBLIC WORKS
PREPARER: R. HOERNING
SUBJECT: CONSIDER RATIFICATION OF AGREEMENT NO. 26–18 WITH TKE ENGINEERING, INC.

FOR ON–CALL PROJECT MANAGEMENT AND ENGINEERING STAFF SERVICES AUTHORIZE CITY MANAGER EDWARD C. STARR TO SIGN AGREEMENT NO. 26–18 REASON FOR CONSIDERATION: The City Council is requested to consider ratification of Agreement No. 26–18 with TKE Engineering, Inc. (TKE) for on–call project management and engineering staff services. The services were needed immediately, therefore City Manager signed the agreement to allow the City to begin accessing the services, with the full contract to go into effect upon City Council ratification.

A copy of proposed Agreement No. 26–18 is attached for City Councils review and consideration.

BACKGROUND: The City’s Public Works Engineering Division has recently experienced a loss in staffing due to personnel pursuing opportunities with other agencies.

Professional project management and engineering services are essential to ensure that the City’s projects and programs are managed properly. Several of the City’s current projects are funded with grant money requiring adherence to grant administration requirements and critical time constraints. Additionally, the Engineering Division is responsible for a number of service programs, including development services, solid waste grant programs, Inland Empire Utilities Agency (IEUA) sewer inspections and reporting programs, National Pollution Discharge Elimination System (NPDES) related matters, and coordination with the Department’s Operations Division.

The desired professional engineering services can be performed on an on–call, as– needed basis, and will be used to ensure engineering services continue without interruption until new Engineering Division staff can be hired and trained to perform these functions in–house. Engineering consultant service proposals were solicited from DCCM, Transtech, Project Partners, and TKE.

Staff recommends TKE based on their staff resource availability, capability, knowledge, relevant experience, and reasonable hourly rates to provide the needed municipal engineering consulting services. TKE has performed a number of Caltrans, Community Development Block Grant (CDBG), and other grant–funded projects and has the necessary experience to properly manage this work. TKE has also provided staff augmentation services for the cities of Upland, Hesperia, and Calimesa.

Engineering assistance was required immediately to provide and maintain continued satisfactory service delivery for ongoing projects and programs. As such, the professional service agreement was approved and signed by the City Manager on March 30, 2026. Ratification of this agreement by the City Council is recommended.

MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 13 of 79 FISCAL IMPACT: This on–call work is based on time and materials for the provision of professional services as requested by the City, at a cost not to exceed $60,000 for the remainder of Fiscal Year 2025–26. The expenses associated with these on–call services will be covered through personnel salary savings, and no additional funds would need to be allocated.

If necessary, up to the amount of $200,000 for these supplemental consultant engineering services will be expended from salary savings in subsequent fiscal years.

Additionally, any work related to particular programs (grants, Gas tax, CDBG, etc.) will be charged to the appropriate accounts.

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

1. Ratify Agreement No. 26–18 with TKE Engineering, Inc. for on–call project management and engineering staff services, and

2. Authorize City Manager Edward C. Starr to sign Agreement No. 26–18.

MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 14 of 79 Agreement No. 26-18

CITY OF MONTCLAIR

AGREEMENT FOR CONSULTANT SERVICES

ON-CALL PROJECT MANAGEMENT & ENGINEERING STAFF SERVICES THIS AGREEMENT is made and effective as of April 1, 2026, between the City of Montclair, a municipal corporation ("City") and TKE Engineering, Inc., a California corporation ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on April 1, 2026 and shall remain and continue in effect for a period of 39 months until tasks described herein are completed, but in no event later than June 30, 2029, unless sooner terminated pursuant to the provisions of this Agreement.

2. SERVICES
Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full.

3. PERFORMANCE
Consultant shall at all times faithfully, and competently perform all tasks described herein.

Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. Consultant shall have the duty to prepare any design documents free from defects.

4. CITY MANAGEMENT
City’s City Manager shall represent City in all matters pertaining to the administration of this Agreement and shall be authorized to act on City’s behalf and to execute all necessary documents which enlarge the Tasks to be Performed or change Consultant’s compensation, subject to Section 5 hereof.

5. PAYMENT
(a) The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed sixty thousand dollars and zero cents ($60,000.00) for fiscal year 2025-26 of the Agreement unless additional payment is approved as provided in this Agreement. (b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City’s written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work not to exceed $200,000 per fiscal year. Any additional work in excess of this amount shall be approved by the City Council.
(c) Consultant will submit invoices monthly for actual services performed. Said invoices shall detail all costs, rates and hours for individual tasks. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month.

Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of the Consultant’s fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.

6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 15 of 79 Agreement No. 26-18

(a) The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice.

Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement. (b) In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant on a pro-rata basis the actual value of the work performed up to the time of termination, provided that the work performed is in compliance with this Agreement. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 5(c).

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

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

Any reuse or modification of the work product without the prior written consent of Consultant will be at the sole risk of the City. With respect to computer files, Consultant shall make available to the City, at the Consultant’s office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.

9. INDEMNIFICATION
(a) Defense, Indemnity and Hold Harmless. Consultant shall defend, indemnify, and hold harmless the City, its present and former officers, directors, employees, agents, staff, volunteers, mayor, council, boards, committees, and representatives, as broadly interpreted (collectively, the “Indemnified Parties”), of and from all claims, suits, demands, obligations, losses, damages, sums, or any other matters threatened or presently asserted, including but not limited to all legal fees, costs of defense and litigation MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 16 of 79 Agreement No. 26-18

expenses (including legal fees, expert fees and any other costs or fees, including those of adverse parties imposed on or sought against the Indemnified Parties), arising directly or indirectly out of any liability or claim of loss or liability for personal injury, bodily injury to persons, contractual liability, errors or omissions, breach, failure to perform, damage to or loss of property, or any other loss, damage, injury or other claim of any kind or nature arising out of the work to be performed by Consultant herein, caused by or arising out of the negligent acts or omissions, or intentional misconduct of Consultant, including its subcontractors, subconsultants, employees, agents, and other persons or entities performing work for Consultant. (b) Contractual Indemnity. To the fullest extent permitted under California law, Consultant shall contractually indemnify, defend and hold harmless the Indemnified Parties from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, amounts for good faith settlement, or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees and costs), arising out of or related to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to Consultant’s officers, agents, representative, employees, independent contractors, subcontractors, subconsultants, or affiliated or related entities and/or its or their employees, agents and representatives, caused by or arising out of all negligent acts or omissions, or intentional misconduct of Consultant, including its subcontractors, subconsultants, employees, agents and other persons or entities performing work for Consultant. Indemnification shall include any claim that Consultant, or Consultant’s employees or agents, are or may be considered and treated as employees of the City or are entitled to any employee benefits from City including but not limited to those available under Public Employees Retirement Law. The obligation to indemnify, defend and hold harmless the Indemnified Parties shall apply to all liability as defined above regardless of whether the Indemnified Parties were or are alleged to have been negligent, except that it shall not apply to claims arising from the sole negligence or willful intentional misconduct of the Indemnified Parties. Consultant’s obligation to defend the Indemnified Parties is not contingent upon there being an acknowledgement of or determination of the merit of any claims, liability, demands, causes of action, suits, losses, expenses, errors, omissions and/or costs. (c) Subcontractors/Subconsultants and Indemnification. Consultant agrees to and shall obtain executed indemnity agreements in favor of the Indemnified Parties with provisions identical to those set forth from each and every Subcontractor, Sub consultant, or other person or entity involved by, for, with, or on behalf of Consultant in the performance of any aspect of this Agreement. In the event Consultant fails to obtain such indemnity obligations, Consultant shall be fully responsible for each and every Subcontractor, Subconsultant or other person or entity in terms of defense, indemnity and hold harmless obligations in favor of the Indemnified Parties as set forth above. This obligation to indemnify and defend the Indemnified Parties is binding on the successors, assigns, or heirs of Consultant and shall survive the full performance or termination of this Agreement. These indemnification provisions are independent of and shall not in any way be limited or superseded by the insurance requirements and insurance-related provisions of this Agreement.
(d) City Lost or Damaged Property – Theft. Consultant further agrees to pay or cause to be paid to the Indemnified Parties’ benefit, any and all damages, fines, penalties, and loss or theft of property of the City arising out of or related in any way to the negligent acts or omissions or intentional misconduct of Consultant or of Consultant’s officers, agents, representatives, employees, independent contractors, subcontractors or affiliated or related entities and/or its or their employees, agents and representatives, whether such actions, omissions to act, negligence or intentional conduct is or was authorized by this Agreement or not. City assumes no responsibility whatsoever for any property placed on the premises of City. Consultant further agrees to waive all rights of subrogation against the Indemnified Parties. (e) Non-Waiver and Non-Exhaustion of City’s Further Rights and Remedies. No aspect of this provision shall in any way limit or effect the rights of the Indemnified Parties against the Consultant under the terms of this Agreement or otherwise. The indemnification provisions shall apply regardless of whether this Agreement is executed after Consultant begins the work and shall extend to claims arising after this Agreement is performed or terminated, including a dispute as to the termination of Consultant. The indemnity obligations of Consultant shall continue until it is determined by final judgment that the claim against the City and any Indemnified Parties is determined by final judgment and after exhaustion of any rights of appeal. Further, no aspect of this provision shall impact the City’s rights to contribution from Consultant, or for the City to dispute Consultant’s refusal to defend and indemnify City.

MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 17 of 79 Agreement No. 26-18

(f) Limitations on Scope of Indemnity. Notwithstanding the foregoing, Consultant shall not be responsible for indemnification for claims or losses caused by the sole negligence or intentional wrongdoing of Indemnified Parties. Further, the indemnity provided shall be interpreted as broadly as permitted under California law and as to agreements between parties and shall if required be reformed to be consistent with those laws to protect and save this provision for the protection of the Indemnified Parties. (g) The obligations of Consultant under this or any other provision of this Agreement shall not be limited by the provisions of any workers’ compensation act or similar act. The Consultant expressly waives any statutory immunity under such statutes or laws as to the Indemnified Parties. The Consultant’s indemnity obligation set forth in this Section 9 shall not be limited by the limits of any policies of insurance required or provided by the Consultant pursuant to this Agreement. (h) The Consultant’s covenant under this Section 9 shall survive the expiration or termination of this Agreement.

10. INSURANCE
The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. (a) Types of Required Coverages
Without limiting the indemnity provisions of the Contract, the Consultant shall procure and maintain in full force and effect during the term of the Contract, the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(1) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 00 01, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $2,000,000 per occurrence, and $4,000,000 aggregate total bodily injury, personal injury, and property damage. (2) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1), including owned, non-owned and hired autos, or the exact equivalent, with minimum limits of $1,000,000 for bodily injury and property damage, each accident.

If Contractor owns no vehicles, auto liability coverage may be provided by means of a non-owned and hired auto endorsement to the general liability policy. Automobile liability insurance and endorsements shall be kept in force at all times during the performance of this Agreement.
(3) Workers’ Compensation: Workers’ Compensation Insurance, as required by the State of California and Employer’s Liability Insurance with a limit of not less than $1,000,000 each accident for bodily injury and $1,000,000 each employee for bodily injury by disease.
(4) Professional Liability: Professional Liability insurance with limit of not less than $1,000,000 each claim and $2,000,000 aggregate. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusion that may potentially affect the work to be performed.

MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 18 of 79 Agreement No. 26-18

(b) Endorsements
Insurance policies shall not be in compliance if they include any limiting provision or endorsement.

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

Additional Insured Endorsements shall not:

1. Be limited to “Ongoing Operations”

2. Exclude “Contractual Liability

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

4. Exclude “Third-Party-Over Actions”

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

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

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

MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 19 of 79 Agreement No. 26-18

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

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

In the event that the Consultant’s operations are suspended for failure to maintain required insurance coverage, the Consultant shall not be entitled to an extension of time for completion of the Work because of production lost during suspension.

MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 20 of 79 Agreement No. 26-18

(i) Acceptability of Insurers
Each such policy shall be from a company or companies with a current A.M. Best’s rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. Any other rating must be approved in writing in accordance with the City. (j) Claims Made Policies
If coverage is written on a claims-made basis, the retroactive date on such insurance and all subsequent insurance shall coincide or precede the effective date of the initial Consultant’s Agreement with the City and continuous coverage shall be maintained or an extended reporting period shall be exercised for a period of at least five (5) years from termination or expiration of this Agreement. (k) Insurance for Subcontractors
Consultant shall be responsible for causing Subcontractors/ Subconsultants to purchase the same types and limits of insurance in compliance with the terms of this Agreement, including adding the City as an Additional Insured, providing Primary and Non-Contributory coverage and Waiver of Subrogation to the Subcontractors’/Subconsultant’s policies. The Commercial General Liability Additional Insured Endorsement shall be on a form at least as board as CG 20 38 04 13.

11. INDEPENDENT CONTRACTOR
(a) Consultant is and shall at all times remain as to the City a wholly independent contractor.

The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control and shall not be construed to be employees of City for any purpose, including eligibility under Public Employees Retirement Law. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Consultant shall be solely responsible and hold the City harmless for all matters relating to the payment of Consultant’s employees, including compliance with Social Security withholdings and all other regulations governing such matters. (b) No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.

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

13. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City of Montclair in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City of Montclair will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 21 of 79 Agreement No. 26-18

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

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

15. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, responses to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena.
(b) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, requests for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Consultant. However, City’s right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. (c) Consultant shall comply with all applicable federal, state and local Conflict of Interest laws, including the Political Reform Act (California Government Code, Section 81000, et. seq.) and California Government Code, Section 1090, et. seq. Consultant covenants that neither he/she nor any officer or principal of their firm have any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder. Consultant further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent or subconsultant. Consultant further covenants that Consultant has not contracted with nor is performing any services, directly or indirectly, with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area and further covenants and agrees that Consultant and/or its subconsultants shall provide no service or enter into any agreement or agreements with a/any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area prior to the completion of the work under this Agreement. Further, Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to the City as a result of the performance of this Agreement, or the services that may be procured by the City as a result of the recommendations made by the Consultant. The Consultant’s covenant under this Section shall survive the termination of this Agreement.

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

MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 22 of 79 Agreement No. 26-18

To City: City Engineer
City of Montclair
5111 Benito
Montclair, CA 91763
To Consultant: Michael P. Thornton, President
TKE Engineering, Inc.
2305 Chicago Avenue
Riverside, CA. 92507

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

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

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

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

21. CONTENTS OF REQUEST FOR PROPOSALS
Consultant is bound by the contents of the Proposal submitted by the Consultant, Exhibit "A" hereto. hereto. In the event of conflict, the requirements of this Agreement shall take precedence over those contained in the Consultant’s proposals.

22. CONFIDENTIALITY
Information and materials obtained by the Consultant from City during the performance of this Agreement shall be treated as strictly confidential and shall not be used by the Consultant for any purpose other than the performance of this Agreement. Consultant’s covenant under this Section shall survive the expiration or termination of this Agreement.

23. DISCRIMINATION
The Consultant agrees that no person shall be excluded from employment in the performance of this Agreement on grounds of race, creed, color, sex, age, marital status, or place of national origin. In this MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 23 of 79 Agreement No. 26-18

connection, the Consultant agrees to comply with all County, State and Federal laws relating to equal employment opportunity rights.

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

25. CLAIMS AGAINST CITY
Consultant must comply with the claim procedures set forth in Government Code sections 900, et. seq., and/or Montclair Municipal Code, Chapter 1.16, as applicable, prior to filing any lawsuit against the City.

Such claims and any subsequent lawsuit based upon the claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.

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

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

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

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

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

MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 24 of 79 Agreement No. 26-18

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

CITY OF MONTCLAIR CONSULTANT – TKE ENGINEERING, INC.

By: By:

Edward C. Starr, City Manager Michael P. Thornton, President Attest:

By: By:

Andrea M. Myrick, City Clerk Terry Renner, Senior Vice President Approved as to Form:

By:

Diane E. Robbins, City Attorney
MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 25 of 79 Letter to Monica Heredia, P.E.

Proposal to Provide As-Needed Project Management Services for Various Projects February 20, 2026 Page 1 of 3
February 23, 2026
Monica Heredia, P.E.

City of Montclair
5111 Benito Street
Montclair, CA 91763
Subject: As-Needed Project Management Services for Various Projects Dear Ms. Heredia:

Thank you for the opportunity to present this material outlining TKE Engineering, Inc. (TKE’s) qualifications.

Enclosed herein are our qualifications to provide As-Needed Project Management Services for the various Capital Improvement Projects identified by the City. TKE will serve as the City’s representative, providing proactive coordination, schedule control, funding compliance oversight, and construction-phase support to ensure each project is delivered efficiently and in accordance with grant and regulatory requirements.

APPROACH
Our anticipated project management approach for the identified projects includes:

CDBG TARGET ALLEY PROJECT
TKE will oversee the bidding phase, coordinate plan distribution and contractor inquiries, support bid review and recommendation, and manage the transition into construction. We will monitor schedule adherence, ensure CDBG compliance requirements are met, and provide full construction-phase coordination through closeout.

SAFE ROUTES TO SCHOOL – ATP CYCLE 6 PROJECT
With PS&E currently at 60% completion and a firm funding deadline of December 30, 2026, TKE will guide the project through final design completion, maintain schedule controls to meet grant deadlines, coordinate agency reviews and approvals, and oversee construction administration. Our focus will be on maintaining compliance with ATP funding requirements while ensuring timely delivery of all improvements and documentation.

HSIPL PROJECTS NEAR MONTERA ELEMENTARY SCHOOL
For the pedestrian safety enhancements planned along Monte Vista Avenue, Bandera Street, Helena Avenue, Kingsley Street, Fremont Avenue, and Canoga Street, TKE will manage consultant coordination, oversee design progression, ensure Caltrans and HSIP compliance, and lead bid and construction phase services. We will monitor implementation of ADA upgrades, signage, striping, and other safety improvements to ensure they are constructed in accordance with approved plans and funding requirements.

HSIPL PROJECTS ALONG ORCHARD STREET
TKE will provide end-to-end project oversight for the planned safety improvements along Orchard Street. We will also oversee improvements near the Sunset Park entrance to enhance safe access to the San Antonio Creek Trail. Our role will include funding coordination, schedule management, bid support, construction oversight, and agency reporting.

Exhibit A
MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 26 of 79 Letter to Monica Heredia, P.E.

Proposal to Provide As-Needed Project Management Services for Various Projects February 23, 2026 Page 2 of 3

HOWARD & RAMONA ROUNDABOUT PROJECT
TKE will evaluate bids received in December 2025, provide analysis and recommendation for award, and prepare the necessary documentation to request additional funding. We will coordinate with the appropriate funding agencies to support approval processes and ensure the project remains financially and procedurally aligned with program requirements.

SCOPE OF SERVICES
The scope of services outlined, beyond project management, is intended to be representative of the types of support TKE can provide. Each project has unique requirements, funding considerations, schedules, and sitespecific conditions, which may necessitate adjustments or modifications to the services provided. TKE will work closely with the City to tailor our approach for each individual project, ensuring that the services delivered align with the specific needs, priorities, and objectives of that project while maintaining compliance with applicable regulations and funding requirements. This flexible approach allows us to provide customized, efficient, and effective project management and technical support for each project.

PROJECT MANAGEMENT
Project management includes weekly meetings with staff and the design engineer to ensure critical decisions are presented to the City for direction at appropriate times, meetings and communications with the project team, field reviews of the site, progress reports, and regular review of project schedule and budget. In addition, we will perform plan checks of the project documents to ensure the project meets City requirements and standards, complies with grant funding requirements and all documents are ready for advertisement and bidding. Service may include other Project Manager services as requested by the City.

GRANT ASSISTANCE
TKE will monitor and assist with preparation and submittal of quarterly reporting to Caltrans Local Assistance required for ATP Projects. We will prepare requests for authorization to proceed with construction and submit project documents to ensure approval prior to bidding. We will document all meetings and conferences with Caltrans.

BIDDING ASSISTANCE
TKE will assist the City during bidding by posting final documents to plan rooms, newspaper, online bid forums and websites. We will assist the City with responses to requests for information, including addendum preparation. TKE will review RFI’s and RFC’s and assist the City with preparing a response as requested. In addition, TKE will review bid documents to prepare bid summary, review bids for mathematic errors or missing information, perform reference checks on low bidder and provide recommendations for award.

CONSTRUCTION ASSISTANCE
Upon request, TKE shall attend the preconstruction meeting, assist the City with responses to requests for information, addendum preparation, review of shop drawings, submittals, change orders and design changes during construction. TKE will review RFI’s and RFC’s and assist the City with preparing a response as requested. In addition, TKE will perform periodic field reviews, as requested by the City, to review the construction progress and quality of work. TKE will also prepare as built drawings from contractor provided redlines.

MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 27 of 79 Letter to Monica Heredia, P.E.

Proposal to Provide As-Needed Project Management Services for Various Projects February 23, 2026 Page 3 of 3

RATE SCHEDULE
The City will be billed for project management services on a Time and Materials (T&M) basis, in accordance with the personnel required for individual tasks and TKE’s attached rate schedule. Again, thank you for the opportunity to submit our proposal to provide As-Needed Project Management services. If you have any questions, please contact me at (951) 680-0440 or e-mail me at [email protected].

Sincerely,
Terry Renner, P.E., P.L.S., Q.S.D.

Senior Vice President
TKE Engineering, Inc.

Attachments: Rate Schedule
MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 28 of 79 Revised June 2025

RATE SCHEDULE
2025-2026
HOURLY
RATE
Principal in Charge.. .......... .......... .......... ...................... .......... .......... .......... $190.00 Project Manager/Construction Manager/Licensed Surveyor ..... .......... .......... $180.00 Traffic Engineer (TE).......... .......... .......... ...................... .......... .......... .......... $190.00 Senior Engineer/Project Engineer (PE)/Senior Plan Checker.... .......... .......... $170.00 Assistant Project Manager/Associate Engineer.............. .......... .......... .......... $160.00 Assistant Engineer/Plan Checker/Designer.................... .......... .......... .......... $150.00 AutoCAD Technician.......... .......... .......... ...................... .......... .......... .......... $140.00 Engineering Technician...... .......... .......... ...................... .......... .......... .......... $110.00 Clerical ........ .......... ......... .......... .......... ...................... .......... .......... .......... $ 95.00 Forensic Engineering ......... .......... .......... ...................... .......... .......... .......... $305.00 Expert Witness Testimony .......... .......... ...................... .......... .......... .......... $405.00

SURVEYING SERVICES
2-Man Survey Crew (Prevailing Wage).... ...................... .......... .......... .......... $265.00

DEVELOPMENT SERVICES
Managing Director... .......... .......... .......... ...................... .......... .......... .......... $190.00 Senior Project Manager ..... .......... .......... ...................... .......... .......... .......... $140.00 Project Manager...... .......... .......... .......... ...................... .......... .......... .......... $110.00

CONSTRUCTION SERVICES
Senior Construction Inspector (Prevailing Wage) ........... .......... .......... .......... $140.00 Construction Inspector (Prevailing Wage) ...................... .......... .......... .......... $135.00

REIMBURSABLE COSTS
In-house Reproduction ...... .......... .......... ...................... .......... .......... .......... Cost Printing and Materials ........ .......... .......... ...................... .......... .......... .......... Cost + 10% Express Mail/Courier/Next Day Service .. ...................... .......... .......... .......... Cost + 10% Special Subconsultant Services ... .......... ...................... .......... .......... .......... Cost + 10% Exhibit B
MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 29 of 79

CITY COUNCIL

AGENDA REPORT
DATE: APRIL 20, 2026
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 2
FILE I.D.: STA919B
DEPT.: PUBLIC WORKS
PREPARER: R. HOERNING
SUBJECT: CONSIDER AUTHORIZING AN $890,000 APPROPRIATION FROM THE REDEVELOPMENT PROJECT AREA NO. III TAX ALLOCATION BOND FUND FOR COSTS RELATED

TO CONSTRUCTION OF THE FREMONT AVENUE IMPROVEMENT PROJECT CONSIDER AWARD OF CONTRACT TO GARCON CONSTRUCTION, INC. IN THE AMOUNT OF $3,082,734.20 FOR CONSTRUCTION OF THE FREMONT AVENUE

IMPROVEMENT PROJECT
CONSIDER APPROVAL OF AGREEMENT NO. 26–19 WITH GARCON CONSTRUCTION, INC. FOR CONSTRUCTION OF THE FREMONT AVENUE IMPROVEMENT PROJECT,

SUBJECT TO ANY REVISIONS DEEMED NECESSARY BY THE CITY ATTORNEY CONSIDER AUTHORIZING A $307,265.80 CONSTRUCTION CONTINGENCY FOR THE

FREMONT AVENUE IMPROVEMENT PROJECT
REASON FOR CONSIDERATION: The City Council is requested to consider authorizing a $890,000 appropriation from the Redevelopment Project Are No. III tax allocation bond for costs related to construction of the Freemont Avenue Improvement Project; award the contract to Garcon Construction, Inc. in the amount of $3,082,734.20 for construction of the Freemont Avenue Improvement Project, subject to any revisions deemed necessary by the City Attorney; approve Agreement No. 26–19 with Garcon Construction Inc. for Construction of the Freemont Avenue Improvement Project; and authorize a $307,265.80 construction contingency for the Freemont Avenue Improvement Project.

A copy of proposed Agreement No. 26–19 is attached for City Council review and consideration.

BACKGROUND: On December 2, 2019, the City Council approved the City of Montclair Capital Improvement Program for Fiscal Years 2019–20 through 2023–24 to assure that long–range capital project objectives will receive proper consideration.

The Fremont Avenue Street Improvement Project is part of the North Montclair Revitalization effort. Fremont Avenue improvements focus on the portion between Moreno Street and Arrow Highway. The project will transform the street into a multi– modal corridor, adding safe dedicated bicycle lanes, enhanced and new pedestrian friendly walkways, and landscape to encourage alternate forms of travel. Fremont Avenue serves to inter–tie the planned major high–density residential and commercial developments of Montclair Place south of Moreno Street to the Arrow Highway mixed– use development area, and to the Montclair Transit Center. This walkable and bikeable connection will further the development of affordable housing by opening the local venues to residents and visitors through an accessible street corridor and through desirable access to the City’s regional transit center. The Montclair Transit Center offers a mix of transportation options and reciprocal access opportunities throughout San Bernardino County and to adjoining Los Angeles and Riverside counties for employment, entertainment, shopping, medical services, and transit connections.

MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 30 of 79 The Arrow Highway and Fremont Avenue intersection improvements were completed in February 2025. The next phase of improvements to the area commences with those on Fremont Avenue.

On February 17, 2026, the City Council approved the plans and specifications prepared by L.D. King Engineers, and authorized permission to advertise this project.

On March 31, 2026, the City received and opened fourteen (14) bid proposals for the Fremont Avenue Improvement Project. The bid results are shown in the following table:

March 31, 2026
Bid Opening Results for the
Fremont Avenue Improvement Project
Bidder Bid Amount
Engineer’s Estimate: $2,500,000.00
Towo Enterprise, Inc.* $2,895,267.00*
Gentry General Engineering, Inc.* $2,978,776.00*
Garcon Construction $3,082,734.20
Hillcrest Contracting, Inc. $3,104,100.48
Gentry Brothers, Inc. $3,110,570.90
Van Engineering, Inc. $3,284,973.50
Granite Construction Co. $3,537,000.00
CT&T Concrete Paving, Inc. $3,572,856.50
Sully–Miller Contracting $3,685,139.00
Los Angeles Engineering, Inc. $3,800,000.00
Riverside Construction Co., Inc. $3,913,558.20
Jerusalem Const., Inc. DBA Miramar $4,075,803.03
PALP dba Excel Paving $4,298,978.38
Calpromax Engineering $4,492,569.00
Following the bid opening, the proposals were reviewed for completeness and accuracy.

The apparent low bidder, Towo Enterprise, Inc., did not complete the sub–contractor bid item number identification information as required. As such, Towo Enterprise, Inc.’s bid proposal was deemed non–responsive. The second apparent low bidder, Gentry General Engineering, Inc. (Gentry), did not meet the required percentage of work to be performed by the prime contractor. Thus, Gentry’s bid proposal was deemed non–responsive. The third lowest bidder, Garcon Construction, Inc., provided all of the necessary information and all of the required documents.

Garcon Construction, Inc. has successfully completed projects for the Cities of Claremont and Redlands.

The City Council could elect to re–bid this project, but the project is located in the street construction moratorium area and has grant funds associated with the work that have a strict expenditure completion date of December 2026. Re–bidding the project would delay the start of the work, potentially comprising the completion schedule. Also, additional project advertisement costs would be incurred. Staff recommends the City Council award the project to Garcon Construction, Inc.

MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 31 of 79 The estimated construction cost for the project is as follows:

Amount
Construction: $ 3,082,734.20
Contingency: 307,265.80
Material Testing: 21,988.00
Water District Fees: 19,786.00
Total: $ 3,390,000.00
Funding for this project is as follows:

Amount
Previous Appropriation for Construction: $ 2,500,000.00 Current Appropriation Request: 890,000.00
Total: $ 3,390,000.00
The anticipated project start date is May 18,2026. The work period is 90 working days.

FISCAL IMPACT: The City Council previously approved a $2,500,000 appropriation for construction ($975,000 Regional Early Action Planning (REAP) Grant Fund & $1,525,000 Redevelopment Project Area No. III Tax Allocation Bond Fund). Due to the high bids, staff is requesting an additional appropriation of $890,000 to complete the Fremont Avenue improvements using Redevelopment Project Area No. III Tax Allocation Bond Fund Account 1251–0000–60020–400–19036.

RECOMMENDATION: Staff recommends that the City Council take the following actions in relation to the Fremont Avenue Improvement Project:

1. Authorize an $890,000 appropriation from the Redevelopment Project Area No. III Tax Allocation Bond Fund for costs related to the construction of the Project;

2. Award a contract to Garcon Construction, Inc. in the amount of $3,082,734.20 for the Project;

3. Approve Agreement No. 26–19 with Garcon Construction, Inc. for construction of the Project, subject to any revisions deemed necessary by the City Attorney; and

4. Authorize a $307,265.80 Construction Contingency for the Project.

MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 32 of 79 AGREEMENT NO. 26–19

CITY OF MONTCLAIR

AGREEMENT FOR CONSULTANT SERVICES
KNOW ALL MEN BY THESE PRESENTS: That the following Agreement is made and entered into as of the date executed by the City Clerk and the Mayor, by and between Garcon Construction, Inc., a California Corporation, hereinafter referred to as "CONTRACTOR" and the CITY OF MONTCLAIR, hereinafter referred to as "CITY." A. Recitals.
(i) Pursuant to Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened, and declared on the date specified in said notice. (ii) CITY did accept the bid of CONTRACTOR.
(iii) CITY has authorized the City Clerk and Mayor to enter into a written contract with CONTRACTOR for furnishing labor, equipment, and material for the construction of:
(iv)

FREMONT AVENUE IMPROVEMENT PROJECT
"PROJECT" hereinafter.

B. Agreement.

NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed:

1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do all work contemplated and embraced for the PROJECT. Said PROJECT to be performed in accordance with specifications and standards on file in the Office of the City Engineer and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the Engineer.

2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY:

The aforesaid specifications are incorporated herein by reference thereto and made a part hereof with like force and effect as if all of said documents were set forth in full herein. Said documents, the Notice Inviting Bids, the Instructions to Bidders, the Proposal and any City-issued addenda, together with this written Agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not.

Should it be ascertained that any inconsistency exists between the aforesaid documents and this written Agreement, the provisions of this written Agreement shall control.

MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 33 of 79 AGREEMENT NO. 26–19

3. TERMS OF CONTRACT: The CONTRACTOR agrees to execute the contract within ten (10) calendar days from the date of notice of award of the contract and to complete his portion of PROJECT within the time specified in the Special Provisions.

CONTRACTOR agrees further to the assessment of liquidated damages in the amount specified in the Special Provisions or the Standard Specifications, whichever is higher, for each calendar day PROJECT remains incomplete beyond the expiration of the completion date. CITY may deduct the amount thereof from any moneys due or that may become due the CONTRACTOR under this contract. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages.

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

5. INSURANCE: The CONTRACTOR shall not commence work under this contract until CONTRACTOR has obtained all insurance required hereunder in a company or companies acceptable to CITY nor shall the CONTRACTOR allow any subcontractor to commence work on its subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance:
(a) Types of Required Coverages
Without limiting the indemnity provisions of the Contract, the Contractor shall procure and maintain in full force and effect during the term of the Contract, the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so.
(1) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 00 01, with minimum limits of at least $5,000,000 per occurrence for bodily injury, personal injury and property damage, and $10,000,000 aggregate total bodily injury, personal injury and property damage. Commercial General Liability insurance and endorsements shall be kept in force at all times during the performance of this Agreement.
(2) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1), including owned, non-owned and hired autos, or the exact equivalent, with minimum limits of $2,000,000 for bodily injury and property damage, each accident. If Contractor owns no vehicles, auto liability coverage may be provided by means of a nonowned and hired auto endorsement to the general liability policy.

Automobile liability insurance and endorsements shall be kept in force at all times during the performance of this Agreement.

MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 34 of 79 AGREEMENT NO. 26–19

(3) Workers’ Compensation: Workers’ Compensation Insurance, as required by the State of California and Employer’s Liability Insurance with a limit of not less than $1,000,000 each accident for bodily injury and $1,000,000 each employee for bodily injury by disease.
(b) Endorsements
Insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. (1) The insurance coverages required by Section (a)(1) Commercial General Liability; and (a)(2) Automobile Liability Insurance shall contain the following provisions or be endorsed to provide the following:

Additional Insured: The City, and their respective elected officials, officers, employees, volunteers, boards, agents and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Contract. Coverage for the additional insureds shall apply to the fullest extent permitted by law.

Additional Insured Endorsements shall not:

1. Be limited to “Ongoing Operations”

2. Exclude “Contractual Liability”

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

4. Exclude “Third-Party-Over Actions”

5. Contain any other exclusion contrary to the Contract Primary Insurance: This insurance shall be primary and any other insurance whether primary, excess, umbrella or contingent insurance, including deductible, or self-insurance available to the insureds added by endorsement shall be in excess of and shall not contribute with this insurance.
(2) The policy or policies of insurance required by Section (a)(3) Workers’ Compensation shall be endorsed, as follows:

Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties. (c) Notice of Cancellation
Required insurance policies shall not be cancelled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 35 of 79 AGREEMENT NO. 26–19

(d) Waiver of Subrogation
Required insurance coverages shall not prohibit Contractor from waiving the right of subrogation prior to a loss. Contractor shall waive all rights of subrogation against the indemnified parties and Policies shall contain or be endorsed to contain such a provision.
(e) Evidence of Insurance
The Contractor, concurrently with the execution of the contract, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates and endorsements on forms approved by the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
(f) Deductible or Self-Insured Retention
Any deductible or self-insured retention must be approved in writing by the City and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or selfinsured retention. (g) Contractual Liability/Insurance Obligations
The coverage provided shall apply to the obligations assumed by the Contractor under the indemnity provisions of this contract. The insurance obligations under this Agreement shall be: (1) all the insurance coverage and/or limits carried by or available to the Contractor; or (2) the minimum insurance coverage requirements and/or limits shown in this Agreement; whichever is greater. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits, which are applicable to a given loss, shall be available to the City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of the Contractor under this Agreement.
(h) Failure to Maintain Coverage
Contractor agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City. The City shall have the right to withhold any payment due Contractor until Contractor has fully complied with the insurance provisions of this Contract. In addition, the City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may take out the necessary insurance and pay, at Contractor’s expense, the premium thereon.

In the event that the Contractor’s operations are suspended for failure to maintain required insurance coverage, the Contractor shall not be entitled to an extension of time for completion of the Work because of production lost during suspension.

MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 36 of 79 AGREEMENT NO. 26–19

(i) Acceptability of Insurers
Each such policy shall be from a company or companies with a current A.M. Best’s rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. Any other rating must be approved in writing in accordance with the City.
(j) Claims Made Policies
If coverage is written on a claims-made basis, the retroactive date on such insurance and all subsequent insurance shall coincide or precede the effective date of the initial Contractor’s Contract with the City and continuous coverage shall be maintained or an extended reporting period shall be exercised for a period of at least three (3) years from termination or expiration of this Contract.

Upon expiration or termination of coverage of required insurance, Contractor shall procure and submit to City evidence of “tail” coverage or an extended reporting coverage period endorsement for the period of at least three (3) years from the time that all work under this contract is completed.
(k) Insurance for Subcontractors
Contractor shall be responsible for causing Subcontractors to purchase the same types and limits of insurance in compliance with the terms of this Contract/Agreement, including adding the City as an Additional Insured to the Subcontractor’s policies.

6. CONTRACTOR'S LIABILITY/INDEMNIFICATION:

The City of Montclair, and its respective officers, agents and employees shall not be answerable or accountable in any manner for any loss or damage that may happen to the project or any part thereof, or for any of the materials or other things used or employed in performing the project; or for injury or damage to any person or persons, either workers, employees of the CONTRACTOR or its subcontractors or the public, whatsoever arising out of or in connection with the performance of the project. The CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever, except the sole negligence or willful misconduct of CITY &/or CALTRANS, its employees, servants, or independent contractors who are directly responsible to CITY during the progress of the project or at any time before its completion and final acceptance.

The CONTRACTOR will indemnify CITY against and will hold and save CITY harmless from any and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the CONTRACTOR, its agents, employees, subcontractors, or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of CITY, but excluding such actions, claims, damages to persons or property, penalties, obligations, or liabilities arising from the sole negligence or willful MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 37 of 79 AGREEMENT NO. 26–19

misconduct of CITY, its employees, servants, or independent contractors who are directly responsible to CITY, and in connection therewith:
a. The CONTRACTOR will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations, or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith.
b. The CONTRACTOR will promptly pay any judgment or award rendered against the CONTRACTOR or CITY covering such claims, damages, penalties, obligations, and liabilities arising out of or in connection with such work, operations, or activities of the CONTRACTOR hereunder or reasonable settlement in lieu of judgment or award, and the CONTRACTOR agrees to save and hold the CITY harmless therefrom. c. In the event CITY is made a party to any action or proceeding filed or prosecuted against the CONTRACTOR for damages or other claims arising out of or in connection with the project, operation, or activities of the CONTRACTOR hereunder, the CONTRACTOR agrees to pay to CITY any and all costs and expenses incurred by CITY in such action or proceeding together with reasonable attorneys' fees.

Money due to the CONTRACTOR under and by virtue of the contract, as shall be considered necessary by CITY, may be retained by CITY until disposition has been made of such actions or claims for damage as aforesaid.

7. NONDISCRIMINATION: No discrimination shall be made in the employment of persons upon public works because of the race, color, sex, sexual preference, sexual orientation, or religion of such persons, and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Division 2, Part 7, Chapter 1 of the Labor Code in accordance with the provisions of § 1735 of said Code.

8. INELIGIBLE SUBCONTRACTORS: The CONTRACTOR shall be prohibited from performing work on this project with a subcontractor who is ineligible to perform on the project pursuant to § 1777.1 and § 1777.7 of the Labor Code.

9. CONTRACT PRICE AND PAYMENT: CITY shall pay to the CONTRACTOR for furnishing the material and doing the prescribed work the unit prices set forth in accordance with CONTRACTOR's Proposal dated 3-25-2026.

10. ATTORNEYS' FEES: In the event that any action or proceeding is brought by either party to enforce any term or provision of this Agreement, the prevailing party shall recover its reasonable attorneys' fees and costs incurred with respect thereto.

MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 38 of 79 AGREEMENT NO. 26–19

IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed with all the formalities required by law on the respective dates set forth opposite their signatures.

CONTRACTOR CITY
Gracon Construction, Inc. CITY OF MONTLAIR, CALIFORNIA
4975 W. Phillips Blvd.

Ontario, CA. 91762
By:

Name: Javier “John” Dutrey
Title: Mayor
Date: Date:

ATTEST:

By:

Name: Andrea M. Myrick
Title: City Clerk
APPROVED AS TO FORM:

Diane E. Robbins
City Attorney
MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 39 of 79 Project Name:

Project Details:

Project No. (Assigned by Finance):

Phase Prior Years 2021/2022 2022/2023 2023/2024 2024/2025 2025/2026 Total Fund/Program Environmental
Design
Construction 975,000.00 975,000.00 REAP 2.0
2,415,000.00 2,415,000.00 Redevelopment
Project Area No. III
Total 0.00 0.00 0.00 0.00 0.00 3,390,000.00 3,390,000.00 Approvals:

Department: By: Date:

Finance By: Date:

City Council Date:

Total Project
Cost: 3,390,000.00
Revision Number:

Fremonte Avenue Improvements Project
Fiscal Years
Preparation Date: April 7, 2026 Department: Public Works Contact/Ext.: Rosemary Hoerning, x-446
April 20, 2026
Infrastructure Fund
Capital Project Funding Information
Improvements to be completed include the full removal and replacement of existing concrete asphalt, replacement and widening of current sidewalks, installation of new hardscaping and landscaping features, and new street lighting along Fremont Ave from Arrow Hwy to Moreno St.

MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 40 of 79

CITY COUNCIL

AGENDA REPORT
DATE: APRIL 20, 2026
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 3
FILE I.D.: FWY151
DEPT.: PUBLIC WORKS
PREPARER: R. HOERNING
SUBJECT: CONSIDER RESCINDING AGREEMENT NO. 25–49, AMENDMENT NO. 2 TO AGREEMENT NO. 15–63 WITH THE CITY OF CHINO, FOR INTERCHANGE IMPROVEMENTS AT CENTRAL AVENUE AND STATE ROUTE 60
CONSIDER APPROVAL OF AGREEMENT NO. 26–20, AMENDMENT NO. 2 TO AGREEMENT NO. 15–63 WITH THE CITY OF CHINO, FOR INTERCHANGE IMPROVEMENTS AT CENTRAL AVENUE AT STATE ROUTE 60 CONSIDER AUTHORIZING AN ADDITIONAL $5,228 APPROPRIATION FROM MEASURE I FUNDS FOR A TOTAL AMOUNT OF $104,327 FOR THE CITY’S FAIR SHARE

CONTRIBUTION FOR THE PROJECT
CONSIDER AUTHORIZING CITY MANAGER EDWARD C. STARR TO EXECUTE AGREEMENT NO. 26–20 AND RELATED DOCUMENTS
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 26–20, Amendment No. 2 to Agreement No. 15–63 with the City of Chino for interchange improvements at Central Avenue at State Route 60.

A copy of proposed Agreement No. 26–20, Amendment No. 2 to Agreement No. 15–63 is attached for City Council review and consideration.

BACKGROUND: On August 3, 2015, the City Council approved Agreement No. 15–63 with the City of Chino, a reimbursement agreement for the Central Avenue at State Route 60 Interchange Improvements, which was executed in December of 2015. The Project is critical for the region to reduce traffic congestion at the interchange. The planned improvements included widening the existing eastbound and westbound ramps and the Central Avenue Bridge overcrossing, with enhanced hardscape and landscape.

San Bernardino County Transportation Authority (SBCTA) is the lead agency for project management, planning, environmental documentation, preparation of plans and specifications, right–of–way, and construction activities, including selecting and retaining consultants.

The estimated project cost in 2015 was $20,591,000 based on a concept design, and the City’s fair share of 0.6 percent for the Project was estimated at $74,964. As a routine practice throughout project delivery, the engineer’s estimate was updated. SBCTA updated the engineer’s estimate based on actual construction costs, resulting in higher anticipated project costs.

The updated total project cost estimate was $36,131,735 in 2022, and increased by an additional $759,593 to $36,891,328 in 2025. On January 18, 2022, the City Council approved Agreement No. 22–07, Amendment No. 1 to Agreement No. 15–63, to allocate the additional $99,099 for the City’s fair share of the project costs. In April 2025, work on the interchange was substantially completed pending final inspection by Caltrans.

SBCTA began the four–year landscape maintenance period in July 2025, which will continue through 2029 before being transferred to Caltrans.

MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 41 of 79 On July 21, 2025, the Montclair City Council approved Agreement No. 25–49, which was Amendment No. 2 to Agreement No. 15–63, but the City of Chino did not approve and execute it on their end due to anticipation of additional cost increases.

On February 3, 2026, the Chino City Council approved a Cooperative Agreement with SBCTA to address additional project close–out costs. The additional costs are primarily due to a shortfall in the long–term maintenance contract budget driven by rising labor and material costs. Additional shortfalls were incurred in right–of–way acquisition and in the preparation of plans, specifications, and estimates. A final reconciliation of project costs is scheduled for later this year between SBCTA and the contractor, with final pricing to be determined and delivered to the cost–sharing agencies.

Amendment No. 2 to the Reimbursement Agreement outlines recalculated contribution shares due to increased costs for actual construction, construction management, and construction contingencies.

FISCAL IMPACT: The City’s fair–share contribution has increased by $5,228, for a total amount of $104,327 for the Project. Funds are available for the City’s fair–share contribution for this Project using Measure I funds.

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

1. Rescind Agreement No. 25–49, Amendment No. 2 to Agreement No. 15–63 with the City of Chino, for Interchange Improvements at Central Avenue and State Route 60

2. Approve Agreement No. 26–20, Amendment No. 2 to Agreement No. 15–63 with the City of Chino, for Interchange Improvements at Central Avenue at State Route 60

3. Authorize an Additional $5,228 Appropriation from Measure I Funds for a Total Amount of $104,327 for the City’s Fair Share Contribution for the Project

4. Authorize City Manager Edward C. Starr to Execute Agreement No. 26–20 and related documents
MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 42 of 79 AGREEMENT NO. 26-20

AMENDMENT NO. 2
TO

REIMBURSEMENT AGREEMENT
CENTRAL AVENUE AT STATE ROUTE 60 INTERCHANGE IMPROVEMENTS This AMENDMENT NO. 2 TO REIMBURSEMENT AGREEMENT CENTRAL AVENUE AT STATE ROUTE 60 INTERCHANGE IMPROVEMENTS (“Amendment No. 2”) is entered into on this __ day of ________, 2026 by and between the City of Montclair (MONTCLAIR) and the City of Chino (CITY), MONTCLAIR and CHINO are also each referred to herein as “Party” and collectively referred to herein as “Parties”.

Recitals
WHEREAS, on December 15, 2015, MONTCLAIR and CITY entered into a Contract No. 2016-251 (herein after referred to as “the Agreement”) whereby MONTCLAIR is required to reimburse the CITY for MONTCLAIR’s share of cost for the interchange improvement project located at Central Avenue and State Route 60 (SR 60), in the City of Chino area (PROJECT); and,
WHEREAS, in accordance with the San Bernardino County Transportation Authority (SBCTA) Nexus Study, MONTCLAIR’s fair share shall be 0.6% of the PROJECT cost; and, WHEREAS, on March 10, 2022, the Parties entered into Amendment No. 1 (“Amendment No. 1”) to the Agreement to increase the total PROJECT cost by $15,540,735, from $20,591,000 to $36,131,735; and the Parties fair-share contributions in accordance with the SBCTA Nexus Study program. MONTCLAIR’s fair-share contributions increased by $24,135, from $74,964 to $99,099; and,
WHEREAS, the Parties now desire to amend the Agreement again to increase the total PROJECT cost by $1,546,192, from $36,131,735 to $37,677,927, as well as the Parties respective fair-share contributions, as set forth in Exhibit “A-2” attached hereto and incorporated herein by this reference. This increase is necessary to cover additional costs for the PROJECT’s landscape maintenance, right-of-way acquisition, construction and construction management, and the preparation of Plans, Specifications and Estimates (PS&E); and, NOW, THEREFORE, in consideration of the mutual covenants and conditions provided herein, the Parties hereto agree to this Amendment No. 2 as follows:

1. DELETE the existing fifth WHEREAS recital of Amendment No. 1 to the Agreement in its entirety.

2. DELETE the existing seventh WHEREAS recital of Amendment No. 1 to the Agreement and REPLACE it with a revised seventh WHEREAS recital, which shall read as follows:
“WHEREAS, as further detailed in Exhibit “A-2” of this Amendment, the revised estimated share of the remaining costs for the PROJECT is as follows, based on the SBCTA Nexus Study percentage shares plus an allocation project management costs: SBCTA’s contribution shall be $11,652,151, excluding Project Management costs of $750,000 because SBCTA has been hired to perform this service; plus the Local Development Mitigation Contribution of $17,387,776, including Project Management costs of $750,000; and,” MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 43 of 79 AGREEMENT NO. 26-20

3. DELETE the existing ninth WHEREAS recital of Amendment No. 1 to the Agreement in its entirety.

4. DELETE the existing tenth WHEREAS recital of Amendment No. 1 to the Agreement and REPLACE it with a revised tenth WHEREAS recital, which shall read as follows:
“WHEREAS, MONTCLAIR’s fair-share contribution is estimated to increase by $5,228, (from $99,099 to $104,327) CHINO’s fair-share contribution is estimated to increase by $799,816 (from $15,162,162 to $15,961,978); and,”

5. DELETE the existing paragraph 1.1 and REPLACE it with a revised paragraph 1.1, which shall read as follows:

1.1 “Pay to CHINO, pursuant to paragraph 1.2, its proportionate share of the design and construction cost of the PROJECT, which shall be 0.6% of the actual design and construction cost of the Developer Fair-Share of the PROJECT (see “Exhibit “A-2”). MONTCLAIR’s proportionate share of design and construction cost for the PROJECT is estimated at $104,327 (0.6% of PROJECT). MONTCLAIR shall also be responsible for payment of its share of any PROJECT design and construction cost increases pursuant to paragraphs 3.6 and 3.7, below. In no event shall MONTCLAIR’s proportionate share of the design and construction cost of the PROJECT exceed $104,327, absent a written amendment to this Agreement approved pursuant to paragraph 3.9.”

6. DELETE the existing paragraph 2.2 and REPLACE it with a revised paragraph 2.2, which shall read as follows:

2.2 “Pay 100% of its proportionate share (including MONTCLAIR’s share) of the design, construction, construction engineering, inspection and construction management cost of the PROJECT, which shall be 92.4% of the actual design and construction cost of the PROJECT (see Exhibit “A-2”). CHINO’s proportionate share of the design and construction cost for the PROJECT is estimate at $17,387,776 (91.8% CHINO in the amount of $15,961,978, 0.6% MONTCLAIR in the amount of $104,327, and 7.6% COUNTY in the amount of $1,321,471).

In no event shall CHINO’s proportionate share of construction cost of the PROJECT exceed $17,387,776 (CHINO, MONTCLAIR, and COUNTY’s estimated share of design and construction cost for the PROJECT) absent a written amendment to this Agreement approved pursuant to paragraph 3.9.”

7. DELETE the existing paragraph 3.6 and REPLACE it with a revised paragraph 3.6, which shall read as follows:

3.6 “The Parties acknowledge that the final PROJECT design and construction costs may ultimately exceed current estimate of PROJECT design and construction costs. Any additional PROJECT design and construction cost resulting from increased bid prices, change orders, or arising from unforeseen site conditions, including utility relocation (but not from requested additional work from MONTCLAIR or CHINO, is addressed in paragraph 3.7 below), over the estimated total of PROJECT’s design and construction cost of $37,677,927 shall be borne by each Party in proportion as part of the Parties’ respective obligations to pay the design and construction cost for the PROJECT up to the maximum amounts as set forth in paragraphs 1.1 and 2.2”

8. REPLACE the existing Exhibit “A-1” with the attached Exhibit “A-2”.

MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 44 of 79 AGREEMENT NO. 26-20

9. REPLACE all references to Exhibit “A-1”in the Agreement with references to Exhibit “A-2”.

10. The recitals of this Amendment No. 2 are incorporated into the Agreement by reference.

11. Except as amended by this Amendment No. 2, all other terms and conditions of the Agreement and Amendment No. 1 shall remain unmodified and in full force and effect.

12. This Amendment No. 2 may be signed in counterparts, each of which shall constitute an original. The Parties shall be entitled to sign and transmit an electronic signature of the Agreement and Amendment (whether by facsimile, PDF, or other email transmission), which signature shall be binding on the Party whose name is contained therein. Each Party providing an electronic signature agrees to promptly execute and deliver to the other Party an original signed Agreement/Amendment upon request.

13. This Amendment No. 2 to Contract No. 2016-251, is effective on the date it is approved and signed by both Parties.
[SIGNATURE ON THE FOLLOWING PAGE]
MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 45 of 79 AGREEMENT NO. 26-20

IN WITNESS WHEREOF, the Parties to these presents have hereto set their hands.

MONTCLAIR: CITY OF CHINO:

CITY of MONTCLAIR, a municipal corporation CITY of CHINO, a municipal corporation Edward C. Starr, City Manager Linda Reich, City Manager

Dated Dated:

ATTEST: ATTEST:

Andrea Myrick, City Clerk Natalie Gonzaga, City Clerk
Dated Dated
APPROVED AS TO FORM: APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
Diane E. Robbins, City Attorney Fred Galante, City Attorney APPROVED AS TO CONTENT:

Hye Jin Lee, PE, Director of Public Works
Dated
MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 46 of 79 AGREEMENT NO. 26-20

EXHIBIT “A-2”

ESTIMATE OF PROJECT COSTS

CITY OF CHINO/SAN BERNARDINO COUNTY/CITY OF MONTCLAIR
FOR CENTRAL AVENUE AT STATE ROUTE 60 INTERCHANGE IMPROVEMENTS

IN THE CHINO AREA
The following is the breakdown of funding:

Description Cost TCIF
Buydown
SBCTA Developer Fair-Share

41.20% 58.80%
Interchange
Improvement $35,765,712 $8,638,000 $11,173,318 $15,954,394 Project
Management $ 750,000 $0 $0 $ 750,000
Landscape
Maintenance
$
1,162,215 $0 $ 478,833 $ 683,382
Total $37,677,927 $8,638,000 $11,652,151 $17,387,776
Chino County Montclair

91.8% 7.6% 0.6%
$15,961,978 $1,321,471 $104,327

PROJECT SCHEDULE
Milestone Estimated Completion Date
Environmental Approval January 2018
Plans, Specifications, & Estimates (PS&E) June 2020
Right of Way (ROW) June 2020
Construction Start January 2021
Completion for Beneficial Use and Begin One-Year
Landscape Plant Establishment
March 2024
Begin Four-Year Landscape Maintenance July 2025
MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 47 of 79

CITY COUNCIL

AGENDA REPORT
DATE: APRIL 20, 2026
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 4
FILE I.D.: CCK080
DEPT.: ADMIN. SVCS.

PREPARER: A. MYRICK
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 26–21 WITH PASADENA CONSULTING

GROUP LLC DBA ELECTRONIC FILING SYSTEMS FOR USE OF ITS EFILE PLATFORM TO

FACILITATE THE ELECTRONIC FILING OF FAIR POLITICAL PRACTICES COMMISSION

DISCLOSURE STATEMENTS, SUBJECT TO ANY REVISIONS DEEMED NECESSARY BY THE

CITY ATTORNEY
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 26–21 with Pasadena Consulting Group LLC dba Electronic Filing Systems for the use of its eFile platform to facilitate the electronic filing of Fair Political Practices Commission (FPPC) disclosure statements, subject to any revisions deemed necessary by the City Attorney.

A copy of proposed Agreement 26–21 is attached for Council’s review and consideration.

BACKGROUND: The Fair Political Practices Commission (FPPC) administers the Political Reform Act, which requires designated officials, employees, and elected officials to file Statements of Economic Interests (Form 700), and political campaign committee financial statements (Form 460).

The City Clerk is the mandated Filing Officer for Form 700s that must be filed by employees whose positions are designated in the City’s Conflict of Interest Code and consultants/contractors that perform similar work, and for Form 460 statements of political campaign committees active in City elections. The FPPC, as of January 1, 2025, became the filing officer of Form 700s for City positions designated by Government Code (GC) §87200 (referred to as “87200 filers”), which include all elected positions, City Manager, City Attorney, and Planning Commissioners. Those who are 87200 filers no longer file their Form 700s with the City Clerk using the City’s filing system.

The FPPC permits agencies to utilize electronic filing systems, provided the system meets regulatory requirements for security, audit tracking, and public access. In recent years, the FPPC has encouraged agencies to transition to compliant electronic filing systems to enhance transparency and efficiency. The FPPC currently requires its own filers to file electronically using an online filing system called eDisclosure.

On May 18, 2020, the City Council approved Agreement No. 20–36 with NetFile to facilitate and manage the electronic filing of these FPPC Forms. Transitioning to an electronic filing system at this time was essential during the early days of the COVID–19 pandemic, and Netfile offered cities six–year contracts with no annual increases and with the first year at no cost.

While the system has been functional, the City Clerk’s Office has identified several operational and usability challenges on both the filers’ and the administrators’ sides.

The NetFile platform can be difficult to navigate, especially for most of the City’s staff users, who are only required to access it to file their statements annually. The Netfile system’s interface is not highly intuitive, which confuses filers when entering or updating information across multiple schedules within the Form 700. Netfile also offers limited guided assistance during the filing process, requiring users to complete an online form MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 48 of 79 to request live assistance and wait for a response, which often prompts the filers to contact the City Clerk’s Office directly to facilitate a quicker response. Some users who experience problems with the system have decided to forego seeking assistance when they have an issue with the system, leading to incomplete submissions or errors that go unnoticed or require staff to initiate requests for amendments. Additionally, users have reported difficulty locating copies of previously filed or transferring previously reported information, resulting in inefficiencies and duplicated efforts to find the information from another source. Staff has also experienced issues with the automated notification and reminder features in the platform, leading to users missing deadlines and staff being unaware of the issue.

Over the past several years, staff has been seeking alternative platforms to transition to when the Netfile contract expires on June 30, 2026. Unfortunately, the only FPPC– approved online filing platforms offered at this time are Netfile, eDisclosure (used by the state with similar issues to Netfile), and eFile.

After reviewing feedback from other cities that use these platforms, staff determined that compared to the other two systems, eFile provides the most modern, intuitive interface designed to guide users through the filing process and reduce errors. The system offers step–by–step prompts, auto–fill capabilities, and easy access to prior– years’ filings, significantly reducing confusion and duplication of effort. This improved usability is particularly beneficial for designated filers who only interact with the system annually, and those who serve as political committee treasurers who file their committees’ financial statements twice a year outside of relevant election periods.

Having a more user–friendly experience would lead to fewer errors and reduced need for staff intervention.

The eFile platform is designed to be user–friendly to minimize filing errors and improve overall compliance with FPPC requirements.
• Built–in validation tools alert filers to missing or inconsistent information prior to submission, reducing the likelihood of incomplete filings. • Automated tracking and reporting features allow staff to quickly identify delinquent filers and take timely corrective action.
• Reduces filers’ exposure to potential investigations and enforcement actions by the FPPC, including penalties.

As regulatory requirements and reporting standards continue to evolve, it is essential that the City utilizes a system capable of adapting to future changes. The eFile platform is designed to remain current with FPPC requirements and statewide system updates, including integration with updates to reporting frameworks. The system’s scalability ensures that it can accommodate organizational changes, including updates to the City’s Conflict of Interest Code, expansion of filer categories, and additional compliance tracking needs.

The eFile system is currently used by multiple California agencies, including the City of San Diego, County of San Diego, City of Palo Alto, City of Burbank, City of Lakewood, City of Bell Gardens, and City of National City.

Several agencies, including San Diego, Palo Alto, Burbank, and National City, transitioned to eFile from legacy electronic filing systems. PCG managed the data and filing migrations for these agencies, including the transfer of historical filings. Filers are able to amend prior filings within eFile, ensuring continuity of records without data loss.

MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 49 of 79 City staff contacted several of the referenced agencies that transitioned from the Netfile system specifically, and was met with positive reviews of their experiences with the transition, training, customer support, and the system overall compared to Netfile.

About Pasadena Consulting Group LLC
Pasadena Consulting Group LLC (PCG), doing business as Electronic Filing Systems (eFile), is a California–based information technology and software consulting firm headquartered in Pasadena, California. PCG was formed in early 2020 by experienced software engineers with backgrounds in government contracting and the development of large–scale web and cloud–based applications. The firm’s mission is to support California public agencies through the use of modern technology to improve transparency, compliance, and administrative efficiency.

PCG’s founding members, Dr. Christian Ott and Dr. Casey Meakin, hold doctorate degrees in computational astrophysics and have more than twenty years of combined experience developing software systems and managing complex data–driven projects.

Their prior work includes projects funded by the National Science Foundation, the U.S.

Department of Energy, NASA, and the Small Business Innovation Research (SBIR) program. Since 2020, PCG has focused primarily on state and local government clients.

In 2021, PCG registered and obtained FPPC certification for its electronic disclosure platform under the name Electronic Filing Systems following the successful implementation of the eFile–SD system for the City of San Diego. In January 2025, Alexander Buitron, a U.S. Army veteran and software engineer, joined the firm as a managing member. PCG achieved SOC 2 Type II compliance in January 2025.

FISCAL IMPACT: The cost of the eFile system is being offered at an annual fee 20 percent below Netfile’s current $5,000 annual rate, which was quoted at the same rate for renewal, and PCG has offered a three–year contract with no increases, for the term of July 1, 2026 through June 30, 2029.

A $1,000 fee will be paid to the FPPC by PCG for electronic filing system certification, which is required by the FPPC every 5 years for agencies that file electronically, and when changing to a new vendor. The current budgdet allocates $5,000 for the service, which will cover both the initial $4,000 price and the $1,000 FPPC recertification fee. Therefore, the City Council’s approval of Agreement No. 26–21 with PCG would have no impact on the City’s General Fund.

RECOMMENDATION: Staff recommends that the City Council approve Agreement No. 26– 21 with Pasadena Consulting Group LLC dba Electronic Filing Systems for use of its eFile platform to facilitate the electronic filing of FPPC disclosure statements, subject to any revisions deemed necessary by the City Attorney.

MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 50 of 79 Pasadena Consulting Group LLC dba Electronic Filing Systems 1879 E Woodlyn Rd, Pasadena, CA 91104
626-240-5169 • [email protected]

SERVICE AGREEMENT
Agency
Agency Name
City
Address
State ZIP
Primary Contact
EMAIL
PHONE
AP Agency Name
AP Address
AP Contact
AP City AP State AP ZIP
AP Phone

AP EMAIL
Authorization
Date Date
Title Title
Name (print) Name (print)
Authorized Signature Authorized Signature
Agency
Pasadena Consulting Group LLC dba Electronic Filing Systems Services and Cost
Agency agrees to pay Pasadena Consulting Group LLC dba Electronic Filing System in accordance with the terms and conditions of this agreement. The agreement term is starting on the date identified above. Agency acknowledges receipt and agrees to the terms and conditions of this agreement. The agreement does not take effect until signed by both parties.

This service agreement encompasses (1) this cover page, (2) EFS’s May 5, 2025 Proposal, and (3) EFS’s Service Agreement Terms and Conditions. The electronic filing services to be provided by EFS are described in detail in (2).

Agreement Start and Term: April , 2026 - April , 2027.

Billing: annually up-front, NET 30; EFS will bill once the FPPC certifies the system.

Cost
FPPC certification Fee
Form 700 annual subscription
Web, Email, & Single-Sign On Integrations
Year 1 total cost
Christian D. Ott
Managing Member
$1,000
$4,000
$5,800
Pricing includes free data migration from NetFile.

Annual pricing guarantee for 2027-2028
and 2028-2029: $4,000
City of Montclair
5111 Benito Street
Montclair CA 91763
Same as above
Andrea Myrick (909) 625-9416
[email protected]
$800
Agreement No. 26-21
MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 51 of 79 Service Agreement Terms and Conditions

1. This Agreement provides to Agency the hosted electronic filing and administration system “eFile” developed and maintained by Electronic Filing Systems (EFS) and hosted in the Amazon Web Services (AWS) cloud. The system permits filers authorized by Agency to electronically file public disclosures as required by Agency and/or the California Fair Political Practices Commission (FPPC). The availability of forms for electronic filing is subject to Agency’s choice of eFile modules. eFile comes with public access and search functionality that automatically displays filings in redacted form. eFile’s Form 700 module meets the requirements of AB 2062 (2012) for paperless filing in CA. eFile’s Campaign module meets the requirements of AB 2452 (2012) for paperless filing in CA. All eFile modules allow for paper filed documents to be uploaded and stored as unredacted and redacted copies (redaction by Agency), with the redacted copy being available to the public. eFile is covered by EFS’s unlimited support and training policy.

2. The FPPC requires certification of any new Form 700 electronic filing system deployed by an agency. EFS will work with Agency and FPPC to promptly obtain certification and re-certify in five-year intervals.

3. It is the responsibility of EFS to securely store Agency data and maintain backups following industry best practices. All data created by Agency or Agency’s filers is the property of the Agency. The eFile system and all its modules, including their source code, are the property of EFS. It is the responsibility of EFS to provide secure and safe system access for Agency and Agency’s filers following industry best practices. EFS guarantees 99.9% monthly availability of eFile to Agency, Agency filers, and the public. Any planned maintenance will be communicated at least two business days in advance of the maintenance occurring.

4. EFS warrants and represents that it is the owner of or has acquired the rights to use (including derivative rights) the software, technology or otherwise that is required to provide all related materials and services set forth in this Service Agreement, without violating any rights of any third party, and there is currently no actual or threatened suit by any such third party based on an alleged violation of such third party rights by EFS.

5. EFS warrants that (i) it holds and will maintain an AICPA SOC 2 Type II certification for the duration of this Agreement, (ii) its AWS cloud services will be free from malware, malicious code, or any other software designed to disrupt, damage, or compromise the integrity, security, or functionality of computer systems, and (iii) it will not interfere with or disrupt Agency or its filers’ access to or use of the system. EFS shall implement and maintain commercially reasonable security measures to prevent the introduction of malicious code into the services provided under this Agreement. In the event EFS discovers or reasonably suspects the presence of any malicious code, it shall promptly notify Agency and take all necessary steps to investigate, mitigate, and remediate the issue.

6. Subject to the limitations set forth in Section 7 below, EFS agrees to indemnify, protect, defend, and hold harmless Agency, and its employees and filers from and against any claim, injury, liability, loss, cost, and/or expense or damage, including all costs and reasonable attorney’s fees in providing a defense to any claim, arising from EFS’s negligent, reckless, or wrongful acts, errors, or omissions with respect to or in any way connected with the performance of the Services by EFS, its agents, subcontractors and/or assigns under this Service Agreement.

7. The maximum liability to the Agency by EFS and its licensors, if any, under this Service Agreement, or arising out of any claim by the Agency related to EFS’s services, products, equipment, or software for direct damages, whether in contract, tort, or otherwise, shall be limited to the total amount of fees received during the last 12 months by EFS from the Agency hereunder up to the time the cause of action giving rise to such liability occurred. In no event shall EFS or its licensors be liable to the Agency for any indirect, incidental, consequential, or special damages related to the use of EFS’s services, products, equipment, or software or EFS’s failure to perform its obligations under this agreement, even if advised of the possibility of such damages, regardless of whether EFS or its licensors are negligent. Provided, however, that for any peril or exposure insured against under the insurance required, the limits of liability to the Agency by EFS shall not be less than the amount of applicable, valid, and collectible insurance set forth in this Agreement.

8. During the term of this Service Agreement, EFS shall purchase and maintain in full force and effect, at no cost to Agency, insurance policies with respect to employees assigned to the performances of services under this Service Agreement with coverage amounts as follows: Commercial General Liability Insurance of $2,000,000 each occurrence, $4,000,000 general aggregate; Professional Liability (Errors & Omissions) Insurance; $2,000,000 each occurrence, $4,000,000 aggregate; Worker’s Compensation Insurance of $1,000,000 policy limit illness/injury by disease, and $1,000,000 for each accident/bodily injury.

9. Agency permits EFS to list Agency’s name in its directory of customers and on marketing materials, including, but not limited to EFS’s website. With the exception of the aforementioned, EFS and its employees, agents, and representatives will not, without the prior written consent of Agency in each instance, use any trademark, service mark, symbol, or any abbreviation, agreement, or simulation thereof owned by Agency, nor represent, directly or indirectly, that any product or service provided by EFS has been approved or endorsed by Agency.

10. Either Agency or EFS may terminate this Service Agreement without cause by giving the other Party written notice (“Notice of Termination”) which clearly expresses that Party’s intent to terminate the Agreement. Notice of Termination shall become effective no less than thirty (30) calendar days after a Party receives such notice. After either Party terminates the Agreement, EFS shall discontinue further services as of the effective date of termination, and Agency shall pay EFS for all services performed up to such date. Upon termination, EFS will provide a copy of all data created by the Agency within 20 business days of the effective termination date.

11. This agreement shall be governed in accordance with the laws of the State of California, and the Parties submit to the jurisdiction of said state. This Agreement contains the entire agreement and understanding of the parties with respect to Service, Maintenance, and Support. There are no representations, inducements, promises, or agreements, oral or otherwise, not embodied herein or also embodied in any attached agreement. Any and all prior discussions, negotiations, commitments, and understandings relating to Service, Maintenance, or Support are merged herein.

MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 52 of 79 doing business as
https://efile.systems
Proposal
City of Montclair, California
Electronic Filing System for
Form 700 - Statement of Economic Interests
Campaign Disclosures
Compliance Tracking
Dated: May 7, 2025
Cost Proposal valid through July 1, 2026
Pasadena Consulting Group LLC dba Electronic Filing Systems 1879 E Woodlyn Road, Pasadena, CA 91104
[email protected]
MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 53 of 79 eFile Montclair

1. Introduction
Pasadena Consulting Group LLC dba Electronic Filing Systems (“EFS”) is pleased to offer the eFile Electronic Filing solution to the City of Montclair, CA (“the City”).
eFile will provide a modern filing experience for Montclair filers at lower cost than the City is currently incurring from using NetFile’s legacy filing platform.
eFile is an exclusive Software as a Service (SaaS) offering, securely operated by EFS in the Amazon Web Services (AWS) cloud. eFile is based on EFS’s successful eFile-SD system (https://efile.sandiego.gov), which EFS has been operating for the City of San Diego since 2021. eFile is presently in operation at the County of San Diego, the City of San Diego, the City of Palo Alto, the City of Bell Gardens, the City of Lakewood, and at the City of South El Monte. eFile will be available to Montclair filers under https://montclair.efile.systems or, alternatively, as a sub-domain of the City’s main domain, e.g., https://cityofmontclair.org.
eFile distinguishes itself from competing offerings in many ways:
● Mobile-first design, allowing filers to file from mobile and desktop devices, and allowing the public to search and view filings conveniently from any device. eFile is the only electronic filing system in California with support for mobile devices.
2 MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 54 of 79 eFile Montclair
● The City will receive access to two systems:
○ A production system where filers create filings that become public records and where the public can access filings (as desired by the City).
○ A test system where City admins can test out functionality and filings. ● User-friendly interface that walks filers step-by-step through Form 700’s schedules (similar to “Turbo Tax”) and simplifies campaign finance filings.
● Google-Translate powered multilingual user interface. ● PDF redaction. Redact any kind of PDF file directly in eFile – no need for Acrobat. ● State-of-the art web technology, securely deployed in the Amazon Web Services cloud. Geographically separated, redundant storage of filings and database backups.
● Rich messaging system with email templating and automated, scheduled filing reminders. ● Built on modern open-source technologies free of licensing fees. ● Optional integration with the City’s email system. This has the advantage that your filers will receive notifications from, e.g., [email protected].
● The ability for filers to upload Form 700 Schedule A-1 and Schedule D in Excel Format. ● eFile Gift Tracker App for iOS & Android. Exports of gift records in Excel format. Import into Form 700, Schedule D. https://efile.systems/gift-tracker-app.html ● eFile is a living system and receives frequent updates and functionality enhancements from which the City and its filers will benefit at no additional charge.
● eFile is certified under SOC 2 Type II. SOC 2 Type II is a security and compliance audit that evaluates how effectively a company implements and operates its controls over a period of time (typically 3 to 12 months) based on the AICPA's Trust Services Criteria (AICPA: American Institute of Certified Public Accountants).

Most importantly, the EFS team proudly provides industry-leading customer support and service. We see our agency customers as partners who help us further improve our eFile platform. Our team is highly responsive and always open to input and suggestions from our partners.
3 MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 55 of 79 eFile Montclair

2. Proposed Functionality and Services

2.1 Functionality: FPPC Form 700
eFile offers complete FPPC Form 700 / Statement of Economic Interests filing and public access services. eFile has been certified by the FPPC for electronic filing at six agencies thus far.

Public
● Public availability of filings can be controlled/restricted as desired by the City. While eFile has the ability to make all filings public (with automatically redacted electronic address, email, and phone information), the features described in this section are optional.
● If desired, the public will be able to access filings through a flexible search interface, linked directly from the eFile landing page. Example: https://efile.sandiego.gov/public/search/sei ● If desired by the City, public users have the ability to view filing PDFs online (in the browser) and download functionality.
● If desired by the City, public users may register to receive email updates on filings based on flexible criteria (such as filer name, filing type, etc.).
● If desired by the City, Full-text search and export of raw electronic filing data in Excel format.

Filers
● Modern, friendly user-interface that supports filing from any device, including mobile devices. ● Step-by-step filing instructions that guide filers through Form 700. ● Filer positions are (optionally) linked to their conflict of interest reporting categories, providing them detailed guidance on what to report on which schedule.
● Filer profile (landing page upon login) with to-do list, access to all filings and filer-initiated filing amendments.

Filers may update their contact information and have the ability to leave notes for admins and upload supplemental documents to their filer profile.
● Electronic storage of filing data and generation of PDF forms. Support for all years starting from 2013. ● Upload functionality for Schedule A-1 (Investments) and Schedule D (Gifts). ● Preview functionality for watermarked draft filings.
● All filings are stored in two versions: public (address data redacted) and private. ● Upload of Investments (Schedule A-1) in Excel format. ● Upload of gifts (Schedule D) in Excel format. Free eFile Gift Tracker App for iOS and Android that allows filers to conveniently track gifts received throughout the year.

Admins
● Unlimited admin accounts.
● Support for enterprise-grade fine-grained role-based access control to manage admin permissions. ● Filer Management – create, update, review filer accounts. ● Position Management – configure agencies, departments, and positions, and conflict of interest code disclosure categories.
● “Filer View” functionality – admin may impersonate filer temporarily to help answer filer questions and diagnose potential problems.
● Filer Portals – individualized profile pages for each filer, ability to update filer information, add internal notes, and attach documents to filer profiles.
● Filing Management – upload scanned filings, modify filing metadata, review filing status. ● Messaging system: templated bulk emails, one-off emails to filers, automated email reminders for filing deadlines. 4 MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 56 of 79 eFile Montclair
● Filing assignment: bulk assignment for annual filings. Assignment of leaving office and assuming office filings on a per-filer basis.
● 20% and 100% review module with one-click amendment assignment and filer notification. ● Analytics and Reporting.
● In-App PDF redaction.

2.2 Functionality: Campaign Finance Disclosures
eFile offers a complete campaign finance disclosure module with an internal accounting system and support for fully electronic filing of FPPC forms 460, 461, 470, 496, and 497 in CAL format or from within the accounting system. All other FPPC forms may be uploaded and made publicly available. This includes Agency Reports of Series 800. Note that campaigns file Form 410 with the Secretary of State and provide a copy to local agencies.

The Form 700 and Campaign modules are completely integrated and share the same public, admin, and filer user interface.

Public
● The public will be able to access filings through a flexible search interface, linked directly from the eFile landing page.
● Ability to view filing PDFs in-line (in the browser) and download functionality. ● Public users may register to receive email updates on filings based on flexible criteria (such as filer name, filing type, etc.).
● Bulk and per-committee export of filings in Excel format. ● Public campaign filing API for programmatic access to public filing data.

Filers
● Modern, friendly user-interface that supports filing from any device. ● Contact management (contributors, payees, committees, and candidates). ● Fully-featured accounting system for tracking contributions and expenditures. ● Export functionality to Microsoft Excel for transactions and contacts. ● Committee profile with summary information for candidates, treasurers, and other committee staff. ● Electronic storage of filing data and generation of PDF forms. ● Filer verification and signature sample management (as required by the City). ● Preview functionality for watermarked draft filings.
● Report generation from the internal accounting system or upload from a third-party system in CAL format. ● All filings are stored in two versions: public (address/phone/email data redacted) and private.

Admins
All functionality as described in Section 2.1 for Form 700 / SEI plus:
● Uploaded campaign filings (e.g., forms 501 and 410) can be redacted directly in eFile. No need for Acrobat! ● Committee manager to set up and edit committees.
● Master data manager to manage elections, offices, jurisdictions, candidates, and ballot measures. ● Filing schedule manager with automated email reminders sent to committees regarding their required filings. 5 MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 57 of 79 eFile Montclair

2.3 Compliance Tracking
The eFile compliance module will be made available to the City at no additional charge. It is fully integrated with all other eFile modules. The compliance module allows for the configuration of compliance requirement tracking tasks, such as AB 1234 ethics training or AB 1825 sexual harassment prevention training. Any compliance requirement can be configured.

Note on Ethics Training: The FPPC continues to offer free ethics training at https://localethics.fppc.ca.gov . With eFile, filers that are subject to the ethics training requirement complete their training with the FPPC system and then upload their certificate to eFile as proof of completion.

2.4 Initial Setup, Configuration, and FPPC Certification EFS will conduct the following work to prepare the eFile platform for the City of Montclair. ● Setup of an instance of eFile at a desired subdomain of efile.systems or cityofmontclair.org ● Customization eFile landing page with custom branding for the City of Montclair. ● Setup of a color scheme for eFile in line with the City of Montclair’s design system. ● Customization of eFile email templates with branding for the City of Montclair. ● Work with the Montclair team to set up core data, email templates, and City-specific configurations. ● Data migration from Montclair’s legacy Netfile system. Form 700 filers and campaign committee data will be migrated seamlessly to eFile.
● Coordinate and work with the FPPC to obtain certification for the eFile Form 700 module. Note: the FPPC requires certification whenever a new filing solution is deployed. eFile is already certified at six agencies.

Certification for Montclair is expected to be a formality.

2.5 Service Availability
eFile will be deployed in the AWS cloud in the US-West-2 region. All filings will be stored (encrypted at rest) on AWS’s Simple Storage Service (S3) in the US-West-2 region and will be mirrored to the US-East-1 region. Database backups run every two hours and are stored in encrypted S3 storage buckets in the US-West-2 region and mirrored to the US-East-1 region. The backups are typically retained at two-hour cadence for three months after which a single daily backup will be retained for at least one calendar year.

We are able to offer 99.95% monthly availability for eFile, exclusive of scheduled maintenance periods. The latter will be announced at least two business days in advance and will occur on weekends or evenings (Pacific time). For reference, eFile at the City of San Diego has demonstrated 99.985% monthly availability from December 1, 2023 through December 31, 2024.

Force Majeure
EFS has no control over natural disasters or potential massive outages in the US internet infrastructure or at Amazon Web Services. EFS has service-recovery procedures in place and can recover from the complete failure of an Amazon Web Services region within 8 business hours. EFS will take all reasonable steps to quickly recover services after natural disasters and major infrastructure failures.
6 MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 58 of 79 eFile Montclair

2.6 Support and Training
EFS is proud of its industry-leading customer service and support. We provide rapid turnaround and routinely beat contractual response times. Our regular support hours are Monday through Friday, 7am to 6pm (excluding federal and state holidays).

Filer Support
● Dedicated email address for technical support requests. Support requests pertaining to disclosure content will be forwarded to Montclair staff as EFS does not advise on disclosure content. ● Online/Inline filing help and documentation.
● Unlimited complementary live annual training sessions via video conferencing. ● Optional in-person training.
● Time to respond (during business hours): less than 3 hours. ● Time to respond within one week of the annual deadline (during business hours): less than 1 hour. ● Best-effort support outside of business hours. Our team monitors our support inbox in the evenings, on weekends, and on holidays and will make every effort to resolve any technical issues. ● Times to resolution of support requests will depend on the specifics. EFS will allocate resources to quickly address filer requests, in particular near filing deadlines.

Admin Support
● Unlimited admin support.
● Dedicated email address for support requests and phone support by our California/Michigan-based support team. ● Unlimited annual training sessions via video conferencing. Optional in-person training. ● Multi-tier support priority system:

1. CRITICAL: System unavailable. Immediate response upon receipt of support request.

2. HIGH: Response within three business hours (one business hour within a week of the annual deadline).

3. NORMAL: Response within eight business hours.

4. LOW: Response within 16 business hours.
● Times to resolution will depend on the specific support request. EFS will allocate resources to always address CRITICAL immediately and HIGH requests as fast as possible. ● EFS will allocate extra staff resources for accelerated support turnaround times near filing deadlines. ● Best-effort 24/7 support outside of business hours. Our team monitors our support inbox in the evenings, on weekends, and on holidays and will make every effort to resolve any technical issues. ● EFS monitors system availability continuously and automatically alerts staff in the case of an unexpected downtime of the system.

2.7 Annual Updates, Access to New and Improved Functionality EFS will implement updates to eFile as necessary to comply with FPPC-mandated changes to forms. In addition, EFS will provision eFile with updated versions of Form 700 PDF templates as soon as they become available from the FPPC.

While eFile is a mature platform, it is constantly being improved and new functionality is added regularly. EFS will keep Montclair’s eFile instance updated with the latest improvements and added features as they become available on the eFile platform.
7 MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 59 of 79 eFile Montclair

2.8 Data Ownership and Export
The electronic data and filings contained within eFile-Montclair will always be the property of the City of Montclair.

Upon request, the data will be exported and made available to the City of Montclair, at any time, free of charge.

2.9 Implementation Time Frame
EFS is able to deliver a production-ready system for Form 700 and Campaign Filings within two to four weeks from the date of engagement. Once the production system is ready, FPPC certification testing typically takes four to six weeks.

The setup will include the following steps:

1. Customization of eFile according to the City’s design system and content desires (~1 week).

2. Initial setup and configuration of core data (e.g., email templates, departments, positions etc.) (~1 week)

3. Data migration from Netfile (~2-3 weeks)

4. Testing and FPPC certification, final adjustments (4+ weeks; FPPC scheduling is outside of EFS’s control). 8 MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 60 of 79 eFile Montclair

3. Pricing
Payment Terms: NET 30
Payments are due at the beginning of the period of regular performance. A performance period comprises 12 months. EFS will bill at the time the FPPC approves the system.

EFS is pleased to offer the below special pricing conditions to the City of Montclair. We understand that agency budgets are under pressure and subject to uncertainty. Because of this, we have waived all setup fees. The FPPC charges a certification fee for every new system and for re-certification every five years, which we include in our cost proposal below.

Item Fee Amount
Initial setup, customization, and configuration (waived) $2,000 Data migration from Netfile (waived) $3,000
FPPC Form 700 Certification Fee $1,000
Form 700 and Campaign Module annual subscription fee.

Compliance Tracking included.
$4,000
Total in Year 1 $5,000
Year 2+ $4,000
Pricing Notes:
● Pricing is independent of the number of filers at the City of Montclair. ● The above pricing does not include the optional features described in section 3.2 below. ● EFS commits to the above fixed pricing for the 2025-2026 and 2026-2027 and 2027-2028 performance periods. In later years, EFS reserves the right to adjust pricing for inflation.

3.2 Optional Features
eFile offers a number of optional features that are available for a one-time fee, since they require coordination with the City’s IT department/contractor.
● E-Mail Integration (highly recommended): Integrates eFile with your agency’s email system. Filing notifications/reminders/assignments will come from [email protected] giving such notices the full authority of your agency’s email domain. One-time setup fee: $200

● Website Integration (highly recommended): Integrates eFile directly with your agency website domain via a so-called subdomain, e.g., https://efile.cityofmontclair.org. We highly recommend this option, since your agency’s domain gives your filers confidence and thus increases filing compliance. One-time setup fee: $200 ● Single-Sign On Integration (SAML): If your agency uses a single-sign on provider (e.g., Okta, or Microsoft Azure), eFile can integrate and allow your agency filers to log into eFile using SSO instead of having to use a separate username and password. One-time setup fee: $400. 9 MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 61 of 79 Responses to City of Montclair Questions 11/26/2025
Question 1

Question: Only six agencies in California currently use Electronic Filing System's e-File system, or is this an old number?
Our Response:

The proposal is from May 7, so the number is outdated. Our current list of customers is as follows:

City of San Diego
City of San José
County of San Diego
City of Burbank
City of Palo Alto
City of Bell Gardens
City of Bellflower
City of Lakewood
National City
Upcoming: City of Tracy
eFile has been growing organically since 2022 in a market dominated by NetFile and Granicus. Our agency partners tend to be technologically forward and value a modern user experience. We are not backed by venture capital or private equity and believe in sustainable growth while maintaining excellence in both customer service and product quality.

Question 2

Montclair, at any time, free of charge.”.

Question: “Is there a way for the customer to independently download filings (all, or a defined set such as by deadline or statements filed within a period) at once in a ZIP file? Nefile has this capability.” Our Response:

Yes, filings can be downloaded individually or in bulk as a Zip file from the filings dashboard where filings can be selected on the basis of filing type, date range (either due date or filing date), statement type (e.g., annual, assuming office, leaving office for Form 700), department/position, or filer name filter.

The data we are referring to in Section 2.8 of our proposal are your agency’s entire data that would be needed to transition to a different vendor. This goes beyond just the filings, but includes the electronic filing data underlying the Form700 filings and the campaign finance accounting data underlying the campaign reports.

Question 3

four to six weeks.”
MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 62 of 79 Question: “Can this process be initiated sooner? Or does it have to be ready to go live before requesting FPPC certification?”
Our Response:

Yes, we typically try to get an initial production system up within a week of engagement so that the system can be submitted to the FPPC for testing. While the FPPC is doing its certification testing, we then work on data migration and other setup. With this approach, the City of San Jose has just received FPPC certification within 3 weeks of engaging us as their new vendor.

Question 4

is outside of EFS’s control).”
Question: “Is this timeframe still typically the case now that eFile has been around for a few years and has been vetted by the FPPC for other agencies? Does this have to happen last (after data migration) or concurrently with the other steps?”
Our Response:

Unfortunately, the FPPC is unpredictable. In 2025, we’ve had separate cases in which the FPPC certification has taken 2 weeks and 8 weeks. It appears to be somewhat arbitrary and most likely depends on the FPPC team’s workload. They are understaffed, which does not help. The good news is that we can work on the data migration in parallel with the FPPC doing their certification testing.

Question 5

Question: “Can EFS provide proof of payment to the FPPC for this fee? If not charged by the FPPC, would we be refunded or credited the fee?”
Our Response:

The FPPC always charges this fee and we are happy to provide proof of payment. In the unlikely event the FPPC does not certify your system, you will not be charged at all. Per our proposal, we will invoice only once the FPPC has approved the system.

Question 6

Question: “We are contracted with Netfile through June 30, 2026; can we add FY 2028-29 so the contract would cover a 3-year period, beginning July 1, 2026, and ending June 30, 2029?” Our Response:

Yes, happy to extend the pricing to 2029.

MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 63 of 79

CITY COUNCIL

AGENDA REPORT
DATE: APRIL 20, 2026
SECTION: BUSINESS ITEMS
ITEM NO.: A
FILE I.D.: GPL250
DEPT.: ECONOMIC DEV.

PREPARER: M.FUENTES
SUBJECT: CONSIDER ADOPTION OF URGENCY ORDINANCE NO. 26–1017–U ADDING CHAPTER

11.79 TO THE MONTCLAIR MUNICIPAL CODE RELATING TO ADDITIONAL

DEVELOPMENT STANDARDS TO FACILITATE MINISTERIAL APPROVALS FOR DEVELOPMENT OF MULTI–FAMILY HOUSING CITY–WIDE
CONSIDER DIRECTING STAFF TO PROCESS ORDINANCE NO. 26–1017 AS A NON–

URGENCY ORDINANCE FOR CONSIDERATION BY THE PLANNING COMMISSION AND

CITY COUNCIL IN ACCORDANCE WITH CALIFORNIA LAW AND DEVELOPMENT CODE

HEARING REQUIREMENTS
REASON FOR CONSIDERATION: Urgency Ordinance No. 26–1017–U would add Chapter

11.79 (Housing Facilitation Ministerial Approval) to the Montclair Municipal Code to implement Planning Actions required by the California Department of Housing and Community Development (HCD) as a condition of final certification of the City’s Adopted Housing Element (2021–2029).

A copy of proposed Urgency Ordinance No. 26–1017 is attached for City Council review and consideration. Urgency Ordinance No. 26–1017 must be adopted by 4/5 vote of the City Council to become effective immediately. Subsequent to its adoption, staff intends to process a regular (non–urgency) version of the ordinance with planning commission and city council hearings to assure the commission and public are provided with a more robust opportunity to review the proposed standards.

BACKGROUND: On December 2, 2024, the City Council adopted the Montclair 2020 General Plan Update, including the 6th Cycle Housing Element – 2021–2029 (“Adopted Housing Element”). The Adopted Housing Element was submitted to HCD for review and a determination of compliance with state housing element law.

In a letter dated March 20, 2025, HCD determined that while the Adopted Housing Element complied with state housing element law, several implementing components (Planning Actions) required adoption in order to comply with statutory requirements pursuant to Government Code Section 65583.2(h) and (i), and to assist the City in meeting its Regional Housing Needs Allocation (RHNA) obligations. HCD identified the following required Planning Actions:
• Permit multifamily residential use by–right for developments in which at least 20 percent of the units are affordable to lower–income households; • Require at least a minimum density of 20 dwelling units per acre (du/ac) in certain land use designations;
• Require that residential uses occupy 50 percent of the total floor area of mixed– use projects; and
• Provide an analysis to determine whether allowable heights in the City create an impediment to housing development.

MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 64 of 79 In response, the City prepared Urgency Ordinance No. 26–1017–U (the “Housing Facilitation Ordinance”) to implement the required Planning Actions and to further facilitate the development of housing, especially housing that is affordable to low and moderate income households, on sites designated for higher density residential development in the City.

Key Provisions of the Ordinance
The proposed Urgency Ordinance establishes certain Housing Facilitation Standards that apply to any “Applicable Property.” “Applicable Property” is defined to include “… any property designated as a “Housing Opportunity Site” in the City of Montclair Housing Element and any property zoned for multi–family residential or mixed–use development on the Official Zoning Map of the City of Montclair or any property designated for multi– family residential or mixed–use development in any applicable, adopted specific plan allowing a minimum of twenty (20) dwelling units per acre. A copy of the City of Montclair’s Housing Opportunity Sites is included as Attachment 1 to this agenda report, to provide the City Council with a visual as to which properties will be affected by proposed Urgency Ordinance No. 26–1017–U. An “Applicable Property” shall also include a property meeting the threshold standards for ministerial review contained in California Government Code, Section 65913.4.”
On all Applicable Property, the following four development standards shall apply:
• By–Right Approval: Development of residential or mixed–use uses in which at least twenty percent (20%) of the units are affordable to lower–income households shall be allowed “by right” pursuant to Chapter 11.79, without requiring a conditional use permit.
• Minimum Density: The minimum density to be developed shall be the greater of 20 du/ac or the minimum density identified for that Applicable Property as shown on the Housing Opportunity Sites Inventory.
• Mixed–Use Floor Area: Mixed–use projects shall be developed with residential uses at a minimum density of 20 du/ac and residential uses shall occupy at least fifty percent (50%) of the total floor area of the project. • Height Bonus: Development of residential or mixed–use projects in which at least twenty percent (20%) of the units are affordable to low or very low–income households shall be permitted to increase the total height of the building(s) by two (2) additional stories, not to exceed a total height of twenty–five feet (25’) above the maximum height otherwise allowed for that Applicable Property.

The Urgency Ordinance also includes findings describing how the proposed standards are consistent with the City’s adopted General Plan, including the Housing Element.

Urgency Findings
California Government Code, Section 36937 authorizes cities to adopt urgency ordinances for the immediate preservation of public peace, health and safety. The proposed Urgency Ordinance includes the following findings in support of its adoption as an urgency ordinance:

A. Statewide Housing Crisis. The City Council finds that the State of California is experiencing a severe housing supply and affordability crisis of historic proportions, as recognized by the Legislature in Senate Bill 330 and related housing legislation. This crisis has resulted in a substantial shortage of MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 65 of 79 available housing units across all income levels, disproportionately impacting low– and moderate–income households.

B. Local Impacts on Health, Safety, and Welfare The City Council further finds that the housing shortage has acute local impacts, including rising rents and home prices, increased overcrowding, displacement of long–term residents, and a growing risk of homelessness. These conditions threaten the public peace, health and safety by increasing housing instability and exacerbating economic and social inequities.

C. Barriers to Housing Production. The City Council finds that existing local regulatory processes, development standards, and procedural uncertainties can delay or discourage the production of new housing, including affordable housing. Removing or modifying such constraints on an urgent basis is necessary to enable timely housing development.

D. Need to Facilitate Housing Development. The City Council finds that facilitating the production of new housing, including affordable units, is essential to address the current and projected housing needs of the City of Montclair, comply with state housing laws, and promote a balanced and sustainable community. Accelerating housing development will help alleviate overcrowding, reduce displacement pressures, and improve overall community well–being.

E. Economic and Environmental Consequences. The City Council finds that the lack of sufficient housing undermines local and regional economic vitality by limiting workforce availability and increasing commuting distances. This, in turn, contributes to increased greenhouse gas emissions and traffic congestion, negatively affecting environmental quality and public health.

F. Immediate Need for Action. The City Council finds that immediate implementation of the regulations set forth in this Urgency Ordinance is necessary to remove impediments to housing production without delay.

Absent urgency action, the City risks continued underproduction of housing, worsening affordability conditions, and lost opportunities for residents.

G. Protection of Public Health, Safety, and Welfare. Based on the foregoing, the City Council finds that this Urgency Ordinance is necessary for the immediate protection of the public peace, health and safety, pursuant to Government Code Section 36937, as it will facilitate the prompt development of housing, including affordable housing, and mitigate the adverse impacts of the housing crisis on the City’s residents.

Proposed Urgency Ordinance No. 26–1017–U must be adopted by four–fifths (4/5) of the City Council to pass.

California Environmental Quality Act (CEQA)
Adoption of this Urgency Ordinance is for the immediate protection of the public peace, health, and safety of the residents of the City. The City prepared a Final Environmental Impact Report (Final EIR; SCH No. 2020110481) for the Montclair 2020 General Plan Update, which included analysis of the Housing Element and its implementing programs.

The City Council certified the Final EIR on December 2, 2024 pursuant to Resolution No. 3436, which also included adoption of CEQA Findings, a Mitigation Monitoring and MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 66 of 79 Reporting Program, and a Statement of Overriding Considerations. The Housing Facilitation Ordinance is within the scope of the previously certified Final EIR, is a contemplated future action within the program, and would not have any new or more significant impacts than those already disclosed, analyzed, and mitigated in the certified Final EIR. Therefore, under Public Resources Code section 21166, no further environmental review is required before the City Council considers the Housing Facilitation Ordinance.

FISCAL IMPACT: There is no direct fiscal impact associated with the adoption of Urgency Ordinance No. 26–1017–U. The Housing Facilitation Ordinance establishes development standards and streamlines the approval process for qualifying affordable housing projects. Costs associated with the preparation and processing of the Ordinance are payable from the Economic Development Agency’s operating budget.

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

1. Adopt the Urgency Ordinance No. 26–1017–U adding Chapter 11.79 to the Montclair Municipal Code relating to additional development standards to facilitate ministerial approvals for development of multi–family housing city–wide; and

2. Direct staff to process Ordinance No. 26–1017 as a non–urgency ordinance for consideration by the Planning Commission and City Council in accordance with California law and Development Code hearing requirements.

MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 67 of 79

URGENCY

ORDINANCE
04/20/2026
Ordinance No. 26–1017–U Page 1 of 6
ORDINANCE NO. 26–1017–U

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF MONTCLAIR ADDING CHAPTER 11.79 TO THE

MONTCLAIR MUNICIPAL CODE RELATING TO ADDITIONAL

DEVELOPMENT STANDARDS TO FACILITATE MINISTERIAL
APPROVALS FOR DEVELOPMENT OF MULTI–FAMILY
HOUSING CITY–WIDE
WHEREAS, the City of Montclair initiated the Montclair 2020 General Plan Update (“General Plan Update”) to update the 1991 City of Montclair General Plan and establish the community’s vision for orderly development and growth in Montclair by functioning as a policy document to guide land use decisions; and
WHEREAS, the General Plan Update included the preparation of the 6th Cycle Housing Element – 2021–2029 (“Housing Element”); and
WHEREAS, the Draft Housing Element was sent to the California Department of Housing & Community Development (HCD) on April 13, 2022 for review and a determination of compliance with state housing element law; and WHEREAS, on June 10, 2022, HCD provided its determination letter summarizing its review of the Draft Housing Element and requesting certain revisions to the Draft Housing Element, including:

1. Modifying actions with geographic targeting to areas of higher opportunity and high segregation and poverty. Specifically, the element should modify Programs 2.1 (Incentives for Affordable Housing), 2.2 (Objective Design Standards) and 3.4
(Leverage Funding for Affordable Development); and

2. Reconciling estimates of accessory dwelling unit construction; and

3. Include programs to establish replacement housing policies, consistent with California Government Code section 65915, subdivision (c) (3) and analyzing the use of non–vacant sites to accommodate the City’s RHNA allocation for lower–income households; and

4. Amending Program 2.8 to permit transitional and supportive housing without discretionary actions pursuant to Government Code section 65651; and

5. Amending Policy Action (Program) 2.7 to permit group homes for seven or more persons (regardless of licensing); and

6. Describe the City’s public participation efforts; and WHEREAS, the City of Montclair revised the Draft Housing Element and submitted its second Draft Housing Element to HCD for review in July of 2022; and WHEREAS, in a letter dated July 27, 2022, HCD determined that the Draft Housing Element substantially complied with state housing element law; and WHEREAS, simultaneous with the preparation of the Draft Housing Element, the City was also preparing and revising other elements of the General Plan Update and these revisions caused a delay in the adoption of the Housing Element; and WHEREAS, on December 2, 2024, the City Council of the City of Montclair adopted the General Plan Update, including the Draft Housing Element (Adopted Housing Element) and adopted several other components identified in the Housing Element to implement its policies and programs, including:

1. Ordinance No. 24–1009 – An ordinance adopting revisions to the Arrow Highway Mixed Use District Specific Plan to revised include land use designations to implement required densities identified in the Housing Opportunity Sites shown in the Housing Element; and MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 68 of 79

URGENCY

ORDINANCE
04/20/2026
Ordinance No. 26–1017–U Page 2 of 6

2. Ordinance No. 24–1010 – An ordinance adopting revisions to the Montclair Corridors Plan to include revisions to land use designations to implement the required densities identified in the Housing Opportunity Sites Inventory shown in the Housing Element; and

3. Submittal of the required Sites Inventory Form (from the HCD webpage); and
WHEREAS, the Adopted Housing Element was sent to HCD for review to determine compliance with state housing element law; and
WHEREAS, in a letter dated March 20, 2025, HCD determined that while the Adopted Housing Element complied with state housing element law, several of the implementing components (Planning Actions) required revision to comply with statutory requirements pursuant to Government Code section 65583.2(h)&(i), including the following to help the City meet it RHNA obligations:

1. Permit multifamily residential use by–right for developments in which at least 20 percent of the units are affordable to lower–income households; and

2. Require at least a minimum density of 20 units per acre in certain land use designations; and

3. Require that residential uses occupy 50 percent of the total floor area of mixed–use projects; and

4. Provide an analysis to determine whether allowable heights in the City create an impediment to housing development; and
WHEREAS, in order to implement the required Planning Actions, the City conducted an analysis of each of the comments provided by HCD in its March 20, 2025 review letter and prepared an ordinance to further facilitate the development of housing, especially low and moderate income housing in the City of Montclair to assist the City in meeting its RHNA obligations (Housing Facilitation Ordinance); and WHEREAS, all other legal prerequisites to the adoption of this Housing Facilitation Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTCLAIR DOES ORDAIN AS FOLLOWS:

SECTION 1. Recitals; Urgency Findings. The City Council hereby specifically finds that all of the facts set forth in the Recitals of this Housing Facilitation Ordinance are true and correct and are incorporated herein as if fully set forth. California Government Code, Section 36937 authorizes cities to adopt urgency ordinances for the immediate preservation of public peace, health and safety. The City Council finds this Urgency Ordinance is necessary for the immediate preservation of public peace, health and safety pursuant to the following:

A. Statewide Housing Crisis. The City Council finds that the State of California is experiencing a severe housing supply and affordability crisis of historic proportions, as recognized by the Legislature in Senate Bill 330 and related housing legislation. This crisis has resulted in a substantial shortage of available housing units across all income levels, disproportionately impacting low– and moderate–income households.

B. Local Impacts on Health, Safety, and Welfare The City Council further finds that the housing shortage has acute local impacts, including rising rents and home prices, increased overcrowding, displacement of long–term residents, and a growing risk of homelessness. These conditions threaten the public peace, health and safety by increasing housing instability and exacerbating economic and social inequities.

C. Barriers to Housing Production. The City Council finds that existing local regulatory processes, development standards, and procedural uncertainties can delay or discourage the production of new housing, including affordable housing. Removing or modifying such constraints on an urgent basis is necessary to enable timely housing development.

MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 69 of 79

URGENCY

ORDINANCE
04/20/2026
Ordinance No. 26–1017–U Page 3 of 6
D. Need to Facilitate Housing Development. The City Council finds that facilitating the production of new housing, including affordable units, is essential to address the current and projected housing needs of the City of Montclair, comply with state housing laws, and promote a balanced and sustainable community. Accelerating housing development will help alleviate overcrowding, reduce displacement pressures, and improve overall community well–being.

E. Economic and Environmental Consequences. The City Council finds that the lack of sufficient housing undermines local and regional economic vitality by limiting workforce availability and increasing commuting distances. This, in turn, contributes to increased greenhouse gas emissions and traffic congestion, negatively affecting environmental quality and public health.

F. Immediate Need for Action. The City Council finds that immediate implementation of the regulations set forth in this Urgency Ordinance is necessary to remove impediments to housing production without delay. Absent urgency action, the City risks continued underproduction of housing, worsening affordability conditions, and lost opportunities for residents.

G. Protection of Public Health, Safety, and Welfare. Based on the foregoing, the City Council finds that this Urgency Ordinance is necessary for the immediate protection of the public peace, health and safety, pursuant to Government Code Section 36937, as it will facilitate the prompt development of housing, including affordable housing, and mitigate the adverse impacts of the housing crisis on the City’s residents.

SECTION 2. California Environmental Quality Act. Adoption of this Urgency Ordinance is for the immediate protection of the public peace, health, and safety of the residents of the City. The City prepared a Final Environmental Impact Report (Final EIR; SCH No. 2020110481) for the Montclair 2020 General Plan Update, which included analysis of the Housing Element and its implementing programs. The City Council certified the Final EIR on December 2, 2024 pursuant to Resolution No. 3436, which also included adoption of CEQA Findings, a Mitigation Monitoring and Reporting Program, and a Statement of Overriding Considerations. The Housing Facilitation Ordinance is within the scope of the previously certified Final EIR, is a contemplated future action within the program, and would not have any new or more significant impacts than those already disclosed, analyzed, and mitigated in the certified Final EIR. Therefore, under Public Resources Code section 21166, no further environmental review is required before the City Council considers the Housing Facilitation Ordinance.

SECTION 3. Findings. Based on the entire record before the City Council and all written and oral evidence presented, the City Council finds the Housing Facilitation Ordinance promotes the goals and objectives of the 2020 General Plan Update, including the following:

A. Housing Element Policy Action 2.1 –providing, in part, that the City should:
“Encourage well–planned and designed mixed use development by allowing higher building intensities, reduced parking requirements, reduced set–back and yard requirements, increased building height, and greater floor area ratios…” (Emphasis added.)
B. Based on the entire record, including the staff report and public hearing comments and all written and oral evidence presented, the City finds the Housing Facilitation Ordinance is reasonably related to the public welfare of the citizens of the City of Montclair and the surrounding region. The Housing Facilitation Ordinance allows development felicity and increased housing opportunities in the City of Montclair using flexible development standards that are consistent with the Guiding Principles contained in the 2020 General Plan to assist the City in meeting its RHNA obligations.

C. The Housing Facilitation Ordinance is required to eliminate future policy and land use conflicts with the Adopted Housing Element and is intended to supersede existing conflicting zoning and development regulations contained in the City of Montclair Development Code and adopted specific plans. The Housing Facilitation Ordinance is necessary to implement the policies of the General Plan Update.

MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 70 of 79

URGENCY

ORDINANCE
04/20/2026
Ordinance No. 26–1017–U Page 4 of 6
SECTION 4. Chapter 11.79 (Housing Facilitation & Ministerial Approval Standards) is hereby added to Division III, Title 11 of the Montclair Municipal Code to read as follows:
“Chapter 11.79 – HOUSING FACILITATION & MINISTERIAL APPROVAL STANDARDS.

11.79.010 – Purpose and intent.

This chapter is intended to provide development standards, procedures and incentives to encourage the production of housing, especially housing that is affordable to low and moderate income households, on sites designated for higher density residential development in the City of Montclair and development on sites meeting threshold requirements contained in California Government Code, Section 65913.4. The development standards, procedures and incentives are intended to apply to all Housing Opportunity Sites identified in the adopted Housing Element and all multi–family zoned or designated properties in the City, whether designated in the Official Zoning Map of the City of Montclair or designated in an adopted specific plan, as well as qualifying projects developed in accordance with California Government Code, Section 65913.4.

11.79.020 – Definitions.

A. Definitions. For purpose of this chapter, the following definitions shall apply:

1. “Applicable Property” shall mean any property designated as a “Housing Opportunity Site” in the City of Montclair Housing Element and any property zoned for multi–family residential or mixed–use development on the Official Zoning Map of the City of Montclair or any property designated for multi–family residential or mixed–use development in any applicable, adopted specific plan allowing a minimum of twenty (20) dwelling units per acre. An “Applicable Property” shall also include a property meeting the threshold standards for ministerial review contained in California Government Code, Section 65913.4.

2. “Applicable specific plan” shall mean:

A. The Arrow Highway Mixed Used District Specific Plan; and B. The Corridors Code; and
C. The Montclair Place District Specific Plan; and
D. The North Montclair Downtown Specific Plan.

3. “Objective development standards” or “objective design standards” shall mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official before submittal. For purposes of this chapter, the objective development standards shall be the adopted development standards for the applicable zone or specific plan designation where the Applicable Property will be developed or redeveloped and the objective design standards shall be the objective architectural and design styles described in Section 5.3.030 of the North Montclair Downtown Specific Plan.

4. “Ministerial processing or approval” means a process for development approval involving little or no personal judgment by the public official as to the wisdom or manner of carrying out the project. The public official merely ensures that the proposed development meets all the "objective zoning standards," "objective subdivision standards," and "objective design review standards" in effect at the time that the application is submitted to the local government, but uses no special discretion or judgment in reaching a decision.

5. “The Official Zoning Map of the City of Montclair” shall be the map referenced in Montclair Municipal Code, Section 11.12.040.

B. Applicable definitions relating to the architectural styles contained in Section 5.5.020 of the North Montclair Downtown Specific Plan shall supplement these definitions.

MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 71 of 79

URGENCY

ORDINANCE
04/20/2026
Ordinance No. 26–1017–U Page 5 of 6

11.79.030 – Application of chapter.

The provision of this chapter shall apply to development of residential or mixed– use uses on any Applicable Property in which at least twenty percent (20%) of the units are affordable to lower–income households. The provisions of this chapter shall also apply to development of any property that conforms to the threshold requirements of California Government Code, 65913.4. Such development shall be approved ministerially and in compliance with the objective development standards and the objective design standards referenced in this chapter.

11.79.040 – Minimum densities. The minimum density to be developed on any Applicable Property shall be the greater of 20 dwelling units per acre (20 du/ac) or the minimum density identified for that Applicable Property as shown on the Housing Opportunities Sites Inventory shown on the City of Montclair Housing Element. Mixed– use projects on any Applicable Property shall be developed with residential uses with a minimum density of twenty dwelling units per acre (20 du/ac) and residential uses shall occupy at least fifty percent (50%) of the total floor area of a project.

11.79.050 – Additional height authority. Development of residential or mixed use projects on any Applicable Property in which at least twenty percent (20%) of the units are affordable to low or very low–income households shall be allowed to increase the total height of the building(s) by two (2) additional stories, not to exceed a total height of twenty–five feet (25’) above the maximum height allowed for that Applicable Property.

11.79.060 – Applicable development standards. The development standards for development of an Applicable Property shall be the adopted development standards for the applicable zone or specific plan land use designation where the Applicable Property will be developed or redeveloped.

11.79.070 – Applicable design standards. The design standards for development of an Applicable Property developed or redeveloped shall be the objective architectural style standards described in Section 5.3.030 of the North Montclair Downtown Specific Plan. Specifically, Section 5.3.030 defines authorized architectural– style types as
A. Main Street Commercial
B. Mediterranean
C. Craftsman
D. Art Deco
E. California Contemporary
Development or redevelopment of an Applicable Property shall be designed using one of the authorized architectural styles described herein.” SECTION 5. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 6. Effective Date. This Urgency Ordinance was adopted by four–fifths vote of the city council and shall take effect immediately upon its adoption for the preservation of the public health, safety and welfare.

SECTION 7. Certification; Publication. The City Clerk shall certify as to the adoption of this Ordinance and shall cause a summary thereof to be published within fifteen (15) days of the adoption and shall post a Certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.

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

MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 72 of 79

URGENCY

ORDINANCE
04/20/2026
Ordinance No. 26–1017–U Page 6 of 6
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 Ordinance No. 26–1017—U 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 X 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 – 04/20/2026 Page 73 of 79 Personnel Committee Minutes – April 6, 2026 Page 1 of 1

MINUTES OF THE MEETING OF THE MONTCLAIR

PERSONNEL COMMITTEE HELD ON MONDAY,
APRIL 6, 2026, AT 6:02 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 6:02 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 March 16, 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 March 16, 2026.

IV. PUBLIC COMMENT – None
V. CLOSED SESSION
At 6:03 p.m., the Personnel Committee went into Closed Session regarding personnel matters related to appointments, resignations/ terminations, and evaluations of employee performance.

At 6:31 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 6:31 p.m., Mayor Pro Tem Martinez adjourned the Personnel Committee.

Submitted for Personnel Committee approval,
Edward C. Starr
City Manager
MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 74 of 79

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – March 2, 2026 Page 1 of 5

MINUTES OF THE REGULAR JOINT MEETING OF THE MONTCLAIR

CITY COUNCIL, SUCCESSOR AGENCY AND MONTCLAIR HOUSING

CORPORATION BOARDS, MONTCLAIR HOUSING AUTHORITY

COMMISSION, AND MONTCLAIR COMMUNITY FOUNDATION
BOARD HELD ON MONDAY, MARCH 2, 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 Donald Rucker, Christian Development Center, gave the invocation.

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

IV. ROLL CALL

Present: Mayor/Chair Dutrey; Mayor Pro Tem/Vice Chair Martinez; Council Members/Directors Ruh, Lopez, and Mendez
City Manager/Executive Director Starr; Assistant City Manager/ Director of Human Services Richter; Director of Finance Kulbeck; Director of Public Works/City Engineer Heredia; Fire Chief Dierck; City Attorney Robbins; Human Resources Manager Ghobrial; City Clerk Myrick
V. PRESENTATIONS
A. The Mayor introduced a presentation item recognizing Code Enforcement Officers Ortiz and Goodrich for assisting a resident experiencing homelessness due to a severe mental health crisis. He read a letter from the resident detailing the officers' non–judgmental care and support through his recovery, including securing temporary housing and rehabilitation.

The Mayor emphasized the City’s priority of addressing homelessness and mental health through service–based interventions before enforcement, highlighted partnerships with organizations such as Set Free Ministry, and invited the resident, AJ, to speak.

AJ shared his personal experience with his mental health crisis due to a lapse in medication, which led to disorientation and homelessness.

He credited Officers Ortiz and Goodrich for treating him with dignity, ensuring his safety, and connecting him to housing and rehabilitation services. As a result, he completed a 30–day program, was reunited with family, and is progressing toward employment and reconnecting with his children. He emphasized the importance of compassionate policing and expressed deep gratitude to the officers and to the City.

VI. PUBLIC COMMENT
 Ryaieisha expressed gratitude toward the City for partnering with Christian Development Center for the recent Black History Month event held at Alma Hofman Park.
 Dale Roberts, resident, spoke of his dissatisfaction with recent City staff interactions related to Public Records Act request procedures, neglecting enforcement of parking and zoning laws, and emergency responsiveness, and questioned the Mayor’s phone line not being answered.

MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 75 of 79

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – March 2, 2026 Page 2 of 5  Bill Kaufman proposed a wellness center concept that would combine cannabis and hemp products with broader herbal and holistic services, emphasizing that his proposal is intended to provide comprehensive wellness options, and provided informational materials to the Council.  Alice Garcia, resident, criticized Council Member Lopez, alleging his use of intimidation tactics related to the recall effort against him for being found liable for sexual harassment, including visiting the homes of residents who signed the Notice of Intention. She called for his immediate resignation.
 Edmund Garcia Sr., resident, supported the intimidation allegation of visiting the homes of residents who signed the petition; criticized the City Council for its perceived inaction, stating that silence equates to complicity; and urged the other members of the City Council to demonstrate accountability and stronger leadership on the issue.  Tenice Johnson, Executive Director, Montclair Chamber of Commerce, extended an invitation to the community for the following Chamber events:
o A “Networking Breakfast” with guest speaker Jennifer
Racadio with the Department of Tax and Administration at 9631 Monte Vista Ave, Montclair, on Thursday, March 12, at 8:00 a.m.
o The Chamber’s next monthly “lunch mob” networking event, hosted at Mr. You Express Gourmet Chinese Food in
Montclair on Thursday, March 26, at 12:00 p.m.
o A workshop on “Understanding Your Financials” in
partnership with the Small Business Development Center in the City’s conference room adjacent to the library on
Thursday, March 26, from 10:00 a.m. to 12:00 p.m.
 Bruce Culp, resident, spoke on the misuse of authority by Council Member Lopez in relation to the recall petition and called for accountability; requested transparency regarding legal costs incurred by the City and whether he has paid the court–ordered restitution to the victims and the City; and urged him to resign to prevent further financial impact on the City and its residents
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
MOTION: Approve the Consent Calendar as presented.

MADE BY:

SECOND BY:

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

NOES:

ABSTAIN:

ABSENT:

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

MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 76 of 79

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – March 2, 2026 Page 3 of 5 A. Approval of Minutes

1. Regular Joint Meeting — January 20, 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.

2. Special Meeting — February 2, 2026
ACTION – Consent Calendar – Item A–2
ACTING: City Council
RESULT: Approved on Consent Calendar; Motion carried 5–0.

B. Administrative Reports

1. Consider Approval and Ratification of Warrant Register and Payroll Documentation
ACTION – Consent Calendar – Item B–1
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

C. Agreements

1. Consider Approval of Agreement No. 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
Consider Authorizing City Manager Edward C. Starr and
Police Chief Jason Reed to Sign Agreement No. 26–13
ACTION – Consent Calendar – Item C–1
ACTING: City Council
RESULT: Approved on Consent Calendar; Motion carried 5–0.

D. Resolutions

1. Consider Adoption of Resolution No. 26–3510 Authorizing Placement of Liens on Certain Properties for Delinquent Sewer and Trash Charges
ACTION – Consent Calendar – Item D–1
ACTING: City Council
RESULT: Approved on Consent Calendar; Motion carried 5–0.

IX. PULLED CONSENT CALENDAR ITEMS — None
MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 77 of 79

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – March 2, 2026 Page 4 of 5 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
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
ACTION – Business Item – Item A
ACTING: City Council
MOTION: Adopt Resolution No. 26–3508; and authorize 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.

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.

XI. COMMUNICATIONS
A. Department Reports — None
B. City Attorney
City Attorney Robbins 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
Fuentes/Garcia v. City of Montclair
Ibanez v. Montclair
Kresback v. Montclair
City Attorney Robbin rescinded her request to meet in closed session to discuss the following matters 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

1. Mayor/Chair Dutrey recognized celebrations and holidays observed in March; advised Omnitrans will consider funding two passenger vans in support of the City’s Senior Transportation Program; noted the meeting will be adjourned in memory of MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 78 of 79

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – March 2, 2026 Page 5 of 5 longtime resident Myrna Tuscher, who had been involved with the community for decades including service on the Community Activities Commission from 1995 to 2004; and announced the recently started construction of Dutch Bros. Coffee in Montclair, opening by summer.

E. Council Members/Directors

1. Mayor Pro Tem/Vice Chair Martinez announced the upcoming community shredding event hosted by Fourth District
Supervisor Kurt Hagman on Saturday, March 14, from 9:00 a.m. to noon at City Hall, and reminded the community that the Montclair After–School Program will host its fifth annual Masters of Montclair Art Show and Awards in the Community Center on Thursday, March 12, from 6:30 to 8:30 p.m.

2. Council Member/Director Mendez expressed appreciation for all City departments, acknowledging their ongoing assistance, efforts, and contributions to the City during his first year in office.

3. Council Member/Director Lopez spoke of a recent fundraiser supporting Montclair Little League and promoted the league’s upcoming Opening Day event at Saratoga Park on Saturday, March 7, from 8:00 a.m. to 2:00 p.m., detailing activities, food vendors, and encouraging community attendance and support for local youth programs.

4. Council Member/Director Ruh emphasized the importance of Women’s History Month and honored the legacy of Myrna Tuscher for her civic engagement; reported his attendance at the swearing– in ceremony of Senator Eloise Gomez Reyes of California’s 29th Senate District; and concluded with remarks promoting unity, respect, and dignity in a challenging global climate.

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

1. Personnel Committee — February 17, 2026
XI. CLOSED SESSION
At 7:33 p.m., the City Council went into closed session to discuss potential litigation and pending litigation.

XII. CLOSED SESSION ANNOUNCEMENT
At 8:57 p.m., the City Council returned from closed session. Mayor Dutrey announced that information was received and direction was given to staff related to matters of potential and pending litigation; and no further announcements would be made at this time.

XIII. ADJOURNMENT
At 8:57 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
The meeting was adjourned in memory of Myrna Tuscher, a longtime resident, former Community Activities Commissioner, and cherished member of the Montclair community.

MONTCLAIR CITY COUNCIL MEETING – 04/20/2026 Page 79 of 79