CITY OF MONTCLAIR
CITY COUNCIL
SUCCESSOR REDEVELOPMENT AGENCY,
MONTCLAIR HOUSING CORPORATION, MONTCLAIR
HOUSING AUTHORITY, AND MONTCLAIR COMMUNITY
FOUNDATION MEETINGS
AGENDA PACKET
Monday, June 1, 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, June 1, 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 — None
VI. PUBLIC COMMENT
During Public Comment, you may comment on any subject that does not appear on this agenda. Each speaker has up to five minutes. The meeting’s presiding officer may provide more or less time to accommodate speakers with special needs or a large number of speakers waiting in line. (Government Code Section 54954.3).
Under the provisions of the Brown Act, the meeting bodies are prohibited from participating in substantial discussion of or taking action on items not listed on the agenda.
VII. PUBLIC HEARINGS Page No.
A. First Reading — Consider Ordinance No. 26–1017 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 Setting a Public Hearing for Second Reading and to Consider Adoption of Ordinance No. 26–1017 on Monday, July 6, 2026, at 7:00 P.M. in the City Council Chambers [CC] 5
B. Consider Receiving and Filing the City of Montclair Report on Vacancies for FY 2025–26 in Compliance with AB 2561 [CC]
XXXXXXXXXXXXX
MONTCLAIR CITY COUNCIL MEETING – 06/01/2026 Page 1 of 195 Page No.
VIII. CONSENT CALENDAR
A. Approval of Minutes
1. Special Meeting — April 20, 2026 [CC] 195
B. Administrative Reports
1. Consider Receiving and Filing of Treasurer’s Report [CC] 17
2. Consider Approval and Ratification of Warrant Register and Payroll Documentation [CC] 18
3. Consider Receiving and Filing of Treasurer’s Report [SA] 19
4. Consider Approval of Warrant Register [SA] 20
5. Consider Receiving and Filing of Treasurer’s Report [MHC] 21
6. Consider Approval of Warrant Register [MHC] 22
7. Consider Receiving and Filing of Treasurer’s Report [MHA] 23
8. Consider Approval of Warrant Register [MHA] 24
9. Consider Directing Staff to Review the City’s Conflict of Interest Code and to Submit the 2026 Biennial Notice to the City Council on or Before October 1, 2026, Pursuant to the Political Reform Act [CC] 25
10. Consider Declaring a Circul–Air Fire Hose Dryer as Surplus and Available for Donation to the Fire Department of Huatabampo, Sonora in Mexico [CC] 28
11. Consider Rejecting all Bids for Construction of the Ramona Avenue and Howard Street Roundabout Project [CC] 29
12. Consider Receiving and Filing Annual Reports Prepared by Independent Auditors for the City of Montclair, Successor Agency for the City of Montclair Redevelopment Agency, and Measure I Fund [CC/SA] 31 C. Agreements
1. Consider Approval of Agreement No. 26–28, Amendment No. 2 to Agreement No. 23–44 with Colts Landscape Inc. for Landscape Maintenance Services, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] 33
2. Consider Awarding a Contract to Gentry Brothers, Inc. for Construction of the Arrow Highway Rehabilitation and Traffic Signal Interconnect Project [CC]
Consider Approval of Agreement No. 26–29 with Gentry Brothers, Inc. for Construction of the Arrow Highway Rehabilitation and Traffic Signal Interconnect Project [CC]
Consider Authorizing a $951,895.25 Contingency for the Arrow Highway Rehabilitation and Traffic Signal Interconnect Project [CC] Consider Authorizing City Manager Edward C. Starr to Sign Agreement No. 26–29 [CC] 57
MONTCLAIR CITY COUNCIL MEETING – 06/01/2026 Page 2 of 195 Page No.
3. Consider Approval of Agreement No. 26–30, Amendment No. 1 to Agreement No. 23–36 with West Coast Arborists for Tree Maintenance Services, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] 67
4. Consider Approval of Agreement No. 26–31 with All City Management Services, Inc. to Provide School Crossing Guard Services for Fiscal Year 2026–27, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] 88
D. Resolutions
1. Consider Adoption of Resolution No. 26–3515 Calling and Giving Notice of the Holding of a General Municipal Election to Be Held on Tuesday, November 3, 2026, for the Election of Certain Officers as Required by the Provisions of the Laws of the State of California Related to General Law Cities [CC]
Consider Adoption of Resolution No. 26–3516 Adopting the Regulations for Candidates for Elective Office Pertaining to Candidates’ Statements Submitted to the Voters at an Election to be Held on Tuesday, November 3, 2026 [CC]
Consider Adoption of Resolution No. 26–3517 Requesting the Board of Supervisors of the County of San Bernardino to Consolidate a General Municipal Election to Be Held on Tuesday, November 3, 2026, with the Statewide General Election to be Held on the Same Date Pursuant to Section 10403 of the California Elections Code [CC] 93
2. Consider Adoption of Resolution No. 26–3518 Authorizing Placement of Liens on Certain Properties for Delinquent Sewer and Trash Charges [CC] 100
3. Consider Adoption of Resolution No. 26–3519 Adopting an Uncollectible Accounts Receivable Write–Off Policy and Authorize Writing–Off $180,890.99 in Uncollectible Accounts Receivable [CC] 105 IX. PULLED CONSENT CALENDAR ITEMS
X. BUSINESS ITEMS
A. Consider Adoption of Resolution No. 26–3520 Rescinding the City of Montclair Policy Statement Related to the Discontinuation of Remote Public Comments at Public Meetings; Adopting Policies and Procedures for Disruptions to Remote Public Access and Addressing Disruptive Behavior of Remote Participants During City Council Meetings Pursuant to Senate Bill 707 (Durazo) Effective July 1, 2026; and Adopting a Policy Implementing Procedures to Facilitate Requests for Accommodations at Public Meetings in Compliance with the Ralph M. Brown Act and the Americans with Disabilities Act of 1990 [CC] 115
XI. RESPONSE
A. Consider Receiving and Filing the Response to City Council Inquiry Regarding Ongoing Immigration Enforcement Activities in Montclair by U.S.
Immigration and Customs Enforcement and U.S. Customs and Border Protection [CC]
Consider Providing Direction to Staff Based on the Information Presented in the Agenda Report [CC] 136
MONTCLAIR CITY COUNCIL MEETING – 06/01/2026 Page 3 of 195 Page No.
XII. COMMUNICATIONS
A. Department Reports
1. Human Services Department — Upcoming Events
B. City Attorney
1. Request to Meet in Closed Session Pursuant to GC §54956.9(d)(2) Regarding Potential Litigation (Three 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]
Ibanez v. Montclair
McDaniel v. Montclair
Montclair v. SBCTA
Ontario/Montclair v. IEUA
Kresback v. Montclair
Young v. Montclair
4. Request to Meet in Closed Session Pursuant to GC §54957(b) Regarding Public Employee Discipline/Dismissal/Release [CC]
5. Request to Meet in Closed Session Pursuant to GC §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. Consider Appointments to Four Scheduled Vacancies on the Community Activities Commission for Four–Year Terms Ending June 30, 2030 [CC] E. Council Members/Directors
F. Committee Meeting Minutes (for informational purposes only)
1. Personnel Committee Meeting — May 4, 2026 [CC] 194
XIII. CLOSED SESSION
XIV. CLOSED SESSION ANNOUNCEMENTS
XV. ADJOURNMENT — This meeting will be adjourned in memory of James “Jim” Michel The regular joint meeting of the City Council, Successor Agency Board, Montclair Housing Corporation Board, Montclair Housing Authority Commission, and Montclair Community Foundation Board scheduled for Monday, June 15, 2026, has been cancelled due to the lack of a quorum. The next regular joint meeting will be held on Monday, July 6, 2026, at 7:00 p.m. in the City Council Chambers.
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, May 21, 2026.
MONTCLAIR CITY COUNCIL MEETING – 06/01/2026 Page 4 of 195
CITY COUNCIL
AGENDA REPORT
DATE: JUNE 1, 2026
SECTION: PUBLIC HEARINGS
ITEM NO.: A
FILE I.D.: GPL250
DEPT.: ECONOMIC DEV.
PREPARER: M. FUENTES
SUBJECT: FIRST READING — CONSIDER ORDINANCE NO. 26–1017 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 SETTING A PUBLIC HEARING FOR SECOND READING AND TO CONSIDER ADOPTION OF ORDINANCE NO. 26–1017 ON MONDAY, JULY 6, 2026, AT 7:00 P.M.
IN THE CITY COUNCIL CHAMBERS
REASON FOR CONSIDERATION: The City Council is requested to consider Ordinance No. 26–1017, adding Chapter 11.79 (Housing Facilitation Ministerial Approval) to the Montclair Municipal Code related to additional development standards to facilitate ministerial approvals for development of multi–family housing citywide, 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 Ordinance No. 26–1017 is attached for City Council review and consideration.
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 multi–family 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.
In response, the City drafted Ordinance No. 26–1017, 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.
MONTCLAIR CITY COUNCIL MEETING – 06/01/2026 Page 5 of 195 Key Provisions of the Ordinance
The proposed 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 directly affected by proposed Ordinance No. 26–1017. 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 five 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. • Objective Design Standards: 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.
The proposed Ordinance also includes findings describing how the proposed standards are consistent with the City’s adopted General Plan, including the Housing Element.
The Housing Facilitation Ordinance was reviewed and recommended for adoption by the Planning Commission of the City of Montclair at a duly noticed public hearing conducted on April 27, 2026, pursuant to Planning Commission Resolution No. 26–2020. Planning Commission Resolution No. 26–2020 was approved by a vote of 4–0–1, with one abstention.
MONTCLAIR CITY COUNCIL MEETING – 06/01/2026 Page 6 of 195 New Commune vs. City of Redondo Beach Case Court Case.
As part of its 6th Cycle Housing Element process, the City of Redondo Beach was required to accommodate approximately 2,490 RHNA units, including 1,444 lower–income units.
Because its existing site inventory was insufficient to meet that obligation, Redondo Beach adopted a "residential overlay" zone superimposed over six existing commercial and industrial districts, allowing residential development at densities of up to 55 dwelling units per acre. The overlay preserved the underlying commercial and industrial entitlements, meaning developers could still construct entirely nonresidential projects on the very sites Redondo Beach counted toward its lower–income RHNA. HCD certified the Housing Element as substantially compliant in September 2022. The developer New Commune DTLA, LLC. subsequently filed a petition for writ of mandate challenging the Housing Element's reliance on the overlay strategy and the inclusion of certain nonvacant sites in the City of Redondo Beach RHNA inventory.
Court's Holdings
The Court of Appeal reversed the trial court and held that the City of Redondo Beach's Housing Element violated Government Code Section 65583.2(h)(2) on two independent grounds:
• Minimum Density Requirement. The Court held that a residential overlay applied over base commercial or industrial zoning cannot satisfy the mandatory minimum density requirement of 20 dwelling units per acre when the underlying zoning still permits development with zero residential units. The Court emphasized that the word "minimum" in Section 65583.2(h)(2) is unambiguous and sets a binding floor — not a ceiling — on residential density. Because the overlay allowed but did not require residential development, it failed to ensure housing production on the counted sites.
• Residential Use Requirement. The Court further held that at least 50 percent of a city's lower–income RHNA obligation must be accommodated on sites designated exclusively for residential use, or on mixed–use sites that both allow 100 percent residential use and require that residential uses occupy at least 50 percent of the total floor area of any mixed–use project. The overlay, which preserved nonresidential base entitlements, failed this requirement as well. • Nonvacant Site Availability. The Court additionally found that a site occupied by a Vons grocery store operating under a lease granting the tenant sole and absolute discretion to withhold consent to site modifications was improperly included in the RHNA inventory, as existing lease terms constituted an impediment to realistic redevelopment within the planning period.
Relevance to Montclair's Housing Facilitation Ordinance The New Commune vs. City of Redondo Beach Case Court Case decision directly confirms the legal necessity of the development standards established in proposed Ordinance No. 26–1017 and validates Montclair's approach to implementing the Planning Actions required by HCD in its March 20, 2025 letter. Specifically:
• The Court's holding that Government Code Section 65583.2(h)(2) imposes a mandatory minimum density of 20 dwelling units per acre — not merely a permitted density — confirms that Montclair's minimum density standard codified in Chapter 11.79 is not only consistent with state law but required by it.
Montclair's minimum density standard requires development at the greater of 20 MONTCLAIR CITY COUNCIL MEETING – 06/01/2026 Page 7 of 195 du/ac or the minimum density identified in the Housing Opportunity Sites Inventory, directly satisfying the statutory obligation the Court found Redondo Beach failed to meet.
• The Court's holding that mixed–use sites must require residential uses to occupy at least 50 percent of the total floor area of a project confirms the mandatory nature of Montclair's mixed–use floor area standard, also codified in Chapter
11.79. • The Court's criticism of discretionary overlay regimes that allow but do not require residential development underscores why Montclair's ministerial approval pathway under Chapter 11.79 — which removes discretionary review for qualifying affordable projects and applies objective development standards — represents the legally sound approach contemplated by the Housing Element Law.
The New Commune decision builds on the earlier holding in Martinez v. City of Clovis (2023), which first established the enforceability of the statutory minimum density requirement. Together, these cases make clear that the language of the Housing Element Law is mandatory and that implementing ordinances must affirmatively require — not merely permit — housing development at the required densities and use intensities.
Cities that have relied on overlay strategies similar to Redondo Beach's may face renewed exposure to Builder's Remedy project applications. Montclair's adoption of Ordinance No. 26–1017 places the City in a legally defensible posture consistent with these judicial interpretations.
Legislative History
The following provides a summary of the key steps in the legislative history of the Housing Facilitation Ordinance:
• April 13, 2022 – Draft Housing Element submitted to HCD for review. • June 10, 2022 – HCD issued determination letter requesting revisions including modifications to geographic targeting programs, reconciliation of ADU estimates, replacement housing policies, and transitional housing programs. • July 2022 – City submitted revised Draft Housing Element; HCD determined it substantially complied with state housing element law.
• December 2, 2024 – City Council adopted the Montclair 2020 General Plan Update and Adopted Housing Element, along with Ordinance No. 24–1009 (Arrow Highway Mixed Use District Specific Plan revisions) and Ordinance No. 24–1010 (Corridors Plan revisions).
• March 20, 2025 – HCD issued letter confirming Housing Element compliance but requiring adoption of the Planning Actions listed above pursuant to Government Code Section 65583.2(h) and (i).
• September 18, 2025 – HCD issues a letter requesting a status update regarding the requested Planning Actions.
MONTCLAIR CITY COUNCIL MEETING – 06/01/2026 Page 8 of 195 • September 25, 2025 – City staff provides HCD with a revised Ordinance that addressed the requested Planning Actions and provide HCD with a timeline for adoption.
• October 10, 2025 – New Commune DTLA LLC v. City of Redondo Beach the California Court of Appeal struck down the city’s housing element plan, ruling it violated the state’s Housing Element Law as the underlying zoning did not exclusively permit residential developments to occur.
• November 17, 2025 – City staff meet with legal counsel to discuss revisions to Ordinance to address the court’s findings in New Commune DTLA LLC v. City of Redondo Beach.
• December 2025–January 2026 – City staff worked with legal counsel to craft a new Ordinance to address the court’s findings in New Commune DTLA LLC v. City of Redondo Beach.
• February 25, 2026 – City staff provided a copy of the revised Ordinance to HCD staff and received approvals to move forward.
March 2, 2026 – City staff provided an updated timeline for adoption of the Ordinance with an effective date of the Ordinance being July 11, 2026. • March 24, 2026 – HCD issues a notice of violation related to the City of Montclair’s 6th Cycle Housing Element.
• April 8, 2026 – HCD staff meet with City staff regarding the City’s two prong approach towards adopting proposed Ordinance No. 26–1017 (Urgency Ordinance Adoption and Non–Urgency Ordinance Adoption.
• April 10, 2026 – HCD reaffirmed that proposed Ordinance No. 26–1017 met all of HCD’s requirement’s for approval of the Housing Element. • April 20, 2026 – City of Montclair City Council approved Urgency Ordinance No. 26–1017–U “Housing Facilitation Ordinance” and Urgency Ordinance No. 26– 1017–U became affective immediately upon adoption.
Ordinance No. 26–1017 would become effective thirty (30) days following its adoption; and, upon the effective date of Ordinance No. 26–1017, Urgency Ordinance No. 26– 1017–U shall be repealed.
California Environmental Quality Act (CEQA)
Regarding environmental review, the City prepared a Final Environmental Impact Report (Final EIR; SCH No. 2020110481) for the Montclair 2020 General Plan Update in accordance with the California Environmental Quality Act (CEQA). The Final EIR was certified by the City Council 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 and incorporates by reference the findings and analysis set forth in Resolution No. 3436. No additional environmental review is required.
MONTCLAIR CITY COUNCIL MEETING – 06/01/2026 Page 9 of 195 FISCAL IMPACT: There is no direct fiscal impact associated with the City Council’s adoption of Ordinance No. 26–1017. 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, including Planning Commission and City Council public hearings, publication of notice in the Inland Valley Daily Bulletin, and City Attorney review, are payable from the Economic Development Agency’s operating budget.
RECOMMENDATION: Staff recommends that the City Council take the following actions:
1. Conduct the first reading of Ordinance No. 26–1017, 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. Set a public hearing for second reading and adoption of Ordinance No. 26–1017 for Monday, July 6, 2026, at 7:00 p.m. in the City Council Chambers.
MONTCLAIR CITY COUNCIL MEETING – 06/01/2026 Page 10 of 195 Central Ave
Ramona Ave
Arrow Hwy
Holt Blvd
Mission Blvd
¨¦§10
Monte Vista Ave
Moreno St
Orchard St
Benito St
Kingsley St
Benson Ave
Pipeline Ave
San Bernardino St
Palo Verde St
State St
Phillips Blvd
Mills Ave
2 1 3
5 11
12 7 8
10 6
9 4
13 14
24 18
19 17
23 16
15 21 22
25 20
0 1,100 2,200
Feet
±
City of Montclair Boundary
City Sphere of Influence
Railroad
Parcels
Housing Opportunity Sites
Source: City of Montclair, 2025
Creation Date: September 16th, 2025
Housing Opportunity Sites
Attachment 1
MONTCLAIR CITY COUNCIL MEETING – 06/01/2026 Page 11 of 195 FIRST
READING
06/01/2026
Ordinance No. 26–1017 Page 1 of 5
ORDINANCE NO. 26–1017
AN 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, simultaneously 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 2020 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
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
MONTCLAIR CITY COUNCIL MEETING – 06/01/2026 Page 12 of 195 FIRST
READING
06/01/2026
Ordinance No. 26–1017 Page 2 of 5
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, on April 20, 2026, the City Council of the City of Montclair adopted the identical components contained in the Housing Facilitation Ordinance as Urgency Ordinance No. 26–1017–U pursuant to California Government Code, Section 36937 and as a means to provide immediate housing facilitation standards to increase the supply of housing in the community; and
WHEREAS, the Housing Facilitation Ordinance is intended to replace Urgency Ordinance 26–1017–U upon its effective date; and
WHEREAS, on April 27, 2026, the Planning Commission of the City of Montclair ("Planning Commission") conducted a duly noticed public hearing on the Housing Facilitation Ordinance at which time all persons wishing to testify in connection with the Housing Facilitation Ordinance were heard and the Housing Facilitation Ordinance was comprehensively reviewed; and
WHEREAS, on April 27, 2026, the Planning Commission, by a vote of 4–0–1, with one abstention, commended that the City Council approve the Housing Facilitation Ordinance pursuant to Planning Commission Resolution No. 26–2020; and WHEREAS, on May 15, 2026, the City gave public notice of the City Council’s public hearing on June 1, 2026 by advertisement in a newspaper of general circulation, and posted the public notice at City Hall; and
WHEREAS, on May 4, 2026, commencing at 7:00 p.m. in the City Council Chambers at the City of Montclair Civic Center, the City Council conducted a duly noticed public hearing at which time all persons wishing to testify in connection with the Housing Facilitation Ordinance were heard, and said Housing Facilitation Ordinance was fully studied; 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. 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.
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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.
SECTION 4. Chapter 11.79 (Housing Facilitation & Ministerial Approval Standards) is hereby added to Division IV (Entitlements) of Title 11(Zoning and Development) of the Montclair Municipal Code 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. For the 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 MONTCLAIR CITY COUNCIL MEETING – 06/01/2026 Page 14 of 195 FIRST
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Ordinance No. 26–1017 Page 4 of 5
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 5.3.040 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.
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.
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Ordinance No. 26–1017 Page 5 of 5
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 & Repeal of Urgency Ordinance. This Ordinance shall become effective thirty (30) days following its adoption. Upon becoming effective, Urgency Ordinance No. 26–1017–U shall be repealed.
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.
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 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 – 06/01/2026 Page 16 of 195
CITY COUNCIL
AGENDA REPORT
DATE: JUNE 1, 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 March 31, 2026.
BACKGROUND: Included in the City Council’s agenda packet is a copy of the Treasurer's Report for the period ending March 31, 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 March 31, 2026.
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CITY COUNCIL
AGENDA REPORT
DATE: JUNE 1, 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 REGISTERS 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 Registers dated May 4, 2026, and May 18, 2026; and the Payroll Documentation dated April 19, 2026, and May 3, 2026; and recommends their approval.
FISCAL IMPACT: The City Manager authorized the Warrant Register dated May 4, 2026, totaling $1,185,855.63, and the Warrant Register dated May 18, 2026, totaling $2,628,563.29.
The Payroll Documentation dated April 19, 2026, totals $912,591.99 gross, with $644,813.37 net being the total cash disbursement.
The Payroll Documentation dated May 3, 2026, totals $976,238.28gross, with $694,029.77 net being the total cash disbursement.
RECOMMENDATION: Staff recommends the City Council approve and ratify the above– referenced Warrant Registers and Payroll Documentation.
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CITY COUNCIL
AGENDA REPORT
DATE: JUNE 1, 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 March 31, 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 March 31, 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 March 31, 2026.
MONTCLAIR CITY COUNCIL MEETING – 06/01/2026 Page 19 of 195
CITY COUNCIL
AGENDA REPORT
DATE: JUNE 1, 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 March 31, 2026, pursuant to state law.
BACKGROUND: Vice Chair Martinez has examined the Successor to the Redevelopment Agency Warrant Register dated 03.01.26-03.31.26 in the amounts of $4,368.27 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 March 31, 2026.
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CITY COUNCIL
AGENDA REPORT
DATE: JUNE 1, 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 March 31, 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 March 31, 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 March 31, 2026.
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CITY COUNCIL
AGENDA REPORT
DATE: JUNE 1, 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 March 31, 2026, pursuant to state law.
BACKGROUND: Vice Chair Martinez has examined the Warrant Register dated 03.01.26–
03.31.26 in the amount of $166,368.24 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 March 31, 2026.
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CITY COUNCIL
AGENDA REPORT
DATE: JUNE 1, 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 March 31, 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 March 31, 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 March 31, 2026.
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CITY COUNCIL
AGENDA REPORT
DATE: JUNE 1, 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 March 31, 2026, pursuant to state law.
BACKGROUND: Vice Chair Martinez has examined the Warrant Register dated 03.01.26–
03.31.26 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 March 31, 2026.
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CITY COUNCIL
AGENDA REPORT
DATE: JUNE 1, 2026
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 9
FILE I.D.: FPP150
DEPT.: ADMIN. SVCS.
PREPARER: A. MYRICK
SUBJECT: CONSIDER DIRECTING STAFF TO REVIEW THE CITY’S CONFLICT OF INTEREST CODE AND TO SUBMIT THE 2026 BIENNIAL NOTICE TO THE CITY COUNCIL ON OR BEFORE OCTOBER 1, 2026, PURSUANT TO THE POLITICAL REFORM ACT
REASON FOR CONSIDERATION: The City Council is the designated code–reviewing body for the City’s Conflict of Interest Code (Code). It is necessary to review the Code on a biennial basis, which is done in even–numbered years and includes the filing of a Local Agency Biennial Notice with the City Council, and amending the Code to update the list of designated employees who are required to file Statements of Economic Interests and to incorporate any other necessary changes.
BACKGROUND: Pursuant to the Political Reform Act of 1974 (Gov. Code §8100, et seq.), all California public agencies are required to adopt a Conflict of Interest Code. The Code designates positions annually required to file Fair Political Practices Commission (FPPC) Form 700 Statements of Economic Interest (Form 700) and assigns disclosure categories specifying the types of interests to be reported. The Form 700 is a public document intended to alert public officials and members of the public to the types of financial interests that may create conflicts of interest.
The City of Montclair’s Conflict of Interest Code, first adopted on October 4, 1976, contains the requirement that all City Council Members, Planning Commissioners, City Manager, City Attorney, and designated employees responsible for managing public investments annually file the Form 700. In addition, the Code requires there be a listing of designated employees who, by job title, “make or participate in the making of governmental decisions which may have a foreseeable material effect on financial interests.”
The Political Reform Act requires state and local government agencies to review their Conflict of Interest Code every even–numbered year to determine if it is accurate or, alternatively, to amend the Code if necessary. Before July 1, 2026, the City Council must direct staff to review the Code and submit the Biennial Notice to the City Council no later than October 1, 2026. Taking the recommended action would satisfy the requirement that the City Council direct staff to review the Code.
After direction is received from the City Council, staff will submit the completed form, which will report the findings of staff’s review, to the City Council at a regular meeting in September. If amendments to the Code are required, the City Council will then be requested to adopt a resolution updating the Conflict of Interest Code in December.
FISCAL IMPACT: There would be no fiscal impact associated with providing direction to staff as recommended.
RECOMMENDATION: Staff recommends the City Council direct staff to review the Conflict of Interest Code and to submit the 2026 Biennial Notice to the City Council on or before October 1, 2026, pursuant to the Political Reform Act.
MONTCLAIR CITY COUNCIL MEETING – 06/01/2026 Page 25 of 195 www.fppc.ca.gov
FPPC Advice: [email protected] (866.275.3772)
2026 Local Agency Biennial Notice
Name of Agency:
Mailing Address:
Contact Person: Phone No.
Email: Alternate Email:
Accurate disclosure is essential to monitor whether officials have conflicts of interest and to help ensure public trust in government. The biennial review examines current programs to ensure that the agency’s code includes disclosure by those agency officials who make or participate in making governmental decisions.
This agency has reviewed its conflict of interest code and has determined that (check one BOX):
An amendment is required. The following amendments are necessary:
(Check all that apply.)
Include new positions
Revise disclosure categories
Revise the titles of existing positions
Delete titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions
Other (describe)
The code is currently under review by the code reviewing body.
No amendment is required. (If your code is over five years old, amendments may be necessary.)
Verification (to be completed if no amendment is required) This agency’s code accurately designates all positions that make or participate in the making of governmental decisions. The disclosure assigned to those positions accurately requires that all investments, business positions, interests in real property, and sources of income that may foreseeably be affected materially by the decisions made by those holding designated positions are reported. The code includes all other provisions required by Government Code Section 87302.
__________________________________________ _________________________ Signature of Chief Executive Officer Date
All agencies must complete and return this notice regardless of how recently your code was approved or amended. Please return this notice no later than October 1, 2026, or by the date specified by your agency, if earlier, to:
(PLACE RETURN ADDRESS OF CODE REVIEWING BODY HERE)
PLEASE DO NOT RETURN THIS FORM TO THE FPPC.
MONTCLAIR CITY COUNCIL MEETING – 06/01/2026 Page 26 of 195 [email protected] 1.866.275.3772 or 916.322.5660
www.fppc.ca.gov FPPC • 076-04.2026 • Page 1 of 1
FAIR POLITICAL PRACTICES COMMISSION
2026 Conflict of Interest Code
Biennial Notice Instructions for Local Agencies
The Political Reform Act requires every local government agency to review its conflict of interest code biennially. A conflict of interest code tells public officials, governmental employees, and consultants what financial interests they must disclose on their Statement of Economic Interests (Form 700).
By July 1, 2026: The code reviewing body must notify agencies and special districts within its jurisdiction to review their conflict of interest codes.
By October 1, 2026: The biennial notice must be filed with the agency’s code reviewing body.
The FPPC has prepared a 2026 Local Agency Biennial Notice form for local agencies to complete or send to agencies within its jurisdiction to complete before submitting to the code reviewing body. The City Council is the code reviewing body for city agencies. The County Board of Supervisors is the code reviewing body for county agencies and any other local government agency whose jurisdiction is determined to be solely within the county (e.g., school districts, including certain charter schools). The FPPC is the code reviewing body for any agency with jurisdiction in more than one county and will contact them.
The Local Agency Biennial Notice is not forwarded to the FPPC.
If amendments to an agency’s conflict of interest code are necessary, the amended code must be forwarded to the code reviewing body for approval within 90 days. An agency’s amended code is not effective until it has been approved by the code reviewing body.
If you answer yes, to any of the questions below, your agency’s code probably needs to be amended.
• Is the current code more than five years old?
• Have there been any substantial changes to the agency’s organizational structure since the last code was approved?
• Have any positions been eliminated or re-named since the last code was approved? • Have any new positions been added since the last code was approved? • Have there been any substantial changes in duties or responsibilities for any positions since the last code was approved?
If you have any questions or are still not sure if you should amend your agency’s conflict of interest code, please contact the FPPC. Additional information including an online webinar regarding how to amend a conflict of interest code is available on FPPC’s website.
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CITY COUNCIL
AGENDA REPORT
DATE: JUNE 1, 2026
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 10
FILE I.D.: EQS054
DEPT.: FIRE
PREPARER: R. DIERCK
SUBJECT: CONSIDER DECLARING A CIRCUL–AIR FIRE HOSE DRYER AS SURPLUS AND AVAILABLE
FOR DONATION TO THE FIRE DEPARTMENT OF HUATABAMPO, SONORA IN MEXICO REASON FOR CONSIDERATION: The City Council is requested to consider declaring a Circul–Air Fire Hose Dryer as surplus and available for donation to the Fire Department of Huatabampo, Sonora in Mexico.
BACKGROUND: The Montclair Fire Department currently possesses a Circul–Air Fire Hose Dryer (Model No. T6–1T–20, Serial No. 10053), which was purchased in or around 1970.
At the time of purchase, fire hoses were primarily constructed of cotton materials and required drying after use.
Advancements in fire hose technology have resulted in the widespread use of synthetic materials, which do not require the same drying process. As a result, this equipment is no longer needed and has been out of service for an extended period of time.
Although no longer useful to the Montclair Fire Department, the equipment may still provide value to a fire department with fewer resources and the need and ability to utilize it. Upon declaration as surplus by the City Council, a representative of the Huatabampo Fire Department will coordinate the pickup and transportation of the equipment.
The item included in this donation is:
Quantity Item Model Serial No.
1 Circul–Air Fire Hose Dryer T6–1T–20 10053
The representative for the Huatabampo Fire Department has acknowledged that the City of Montclair is not making any warranties or representations as to the condition or functionality of the equipment.
FISCAL IMPACT: Donating the listed item would have no fiscal impact.
RECOMMENDATION: Staff recommends the City Council declare a Circul–Air Fire Hose Dryer as surplus and available for donation to the Fire Department of Huatabampo, Sonora in Mexico.
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CITY COUNCIL
AGENDA REPORT
DATE: JUNE 1, 2026
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 11
FILE I.D.: STA850
DEPT.: PUBLIC WORKS
PREPARER: R. HOERNING
SUBJECT: CONSIDER REJECTING ALL BIDS FOR CONSTRUCTION OF THE RAMONA AVENUE AND
HOWARD STREET ROUNDABOUT PROJECT
REASON FOR CONSIDERATION: The City Council is requested to consider rejecting all bids for construction of the Ramona Avenue and Howard Street Roundabout Project.
Authorization to reject bid proposals are subject to City Council approval.
BACKGROUND: On March 26, 2021, the City was notified by the California Department of Transportation that the Highway Safety Improvement Program (HSIP) for Cycle 10 was successful. The City was awarded $771,100 for the Ramona Avenue and Howard Street Roundabout Project. The HSIP funding includes $115,500 for design services and $655,500 for construction.
On June 20, 2022, the City Council approved Contract No. 22–67 with TKE Engineering, Inc. for Engineering Design Services for $139,411. This new roundabout will include an island passageway with brick pavers, monument sign, wrought iron fencing, grouted rock treatment to medians, drought–tolerant landscaping, efficient irrigation system, LED street lighting, bi–directional rectangular rapid flashing beacons, new sidewalks, curb and gutter, signing and striping, and a storm drain system. The scope of work also includes installation of a new sewer manhole, as well as, adjusting utility manholes including sewer, gas, water and communication systems. The roundabout will be approximately 80 feet in diameter and does not require the acquisition of any right–of– way. However, there will be minor tie in improvements at the southwest corner which will require a right of entry. The plans and specifications are complete, and the anticipated start of construction is in the summer of 2023.
The new roundabout will contribute to Montclair’s continuing emphasis on public safety.
Roundabouts are a safer alternative to traffic signals and stop signs, promoting lower speeds and calming traffic. The tight circle of a roundabout forces drivers to slow down and reduces the most severe types of intersection crashes. Additionally, roundabouts improve traffic flow and are better for the environment.
On March 20, 2023, the City Council authorized staff to advertise for construction bid proposals subject to City Council approval.
On December 23, 2026, the City received ten (10) bid proposals for the Project. The Bid Results are shown in the following table:
Bidder Bid Amount
Engineer’s Estimate $ 1,500,000.00
Gentry Brothers, Inc. 2,292,945.20
Garcon Construction 2,316,850.07
Aneen Construction, Inc. 2,369,633.00
MONTCLAIR CITY COUNCIL MEETING – 06/01/2026 Page 29 of 195 Bidder Bid Amount
Leonida Builders, Inc. $ 2,652,551.87
Van Engineering, Inc 2,670,136.25
Roadway Engineering & Construction Corp. 2,776,212.82
HILLCREST Contracting, Inc. 2,778,948.27
Sequel Contractors, Inc 3,125,880.30
Los Angeles Engineering, Inc. 3,158,000.00
TORO Enterprises, Inc. 3,457,457.88
PALP dba Excel Paving 3,897,924.00
After reviewing the bid proposals received, all of the bids exceed the City’s budget for this project. Staff is pursuing other grant funding opportunities to fund the project to bridge the funding shortfall. The earliest funding could be secured is the end of the calendar year. The current lowest bidder, Gentry Brothers, Inc., has agreed to hold its bid until June 30, 2026. However, staff recommends rejecting all bids and rebidding the project after additional funding has been secured.
FISCAL IMPACT: Staff is preparing an application for FY2026 Safe Streets and Roads for All (SS4A) federal grant program. Applications for the SS4A program are due May 26, 2026. Funding award notification is expected to be announced in December 2026.
Rebidding the project will cost approximately $1,000 for advertising fees.
RECOMMENDATION: Staff recommends that the City Council reject all bids for construction of the Ramona Avenue and Howard Street Roundabout Project.
MONTCLAIR CITY COUNCIL MEETING – 06/01/2026 Page 30 of 195
CITY COUNCIL
AGENDA REPORT
DATE: JUNE 1, 2026
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 12
FILE I.D.: FIN 100/130
DEPT.: FINANCE
PREPARER: J. KULBECK
SUBJECT: CONSIDER RECEIVING AND FILING ANNUAL REPORTS PREPARED BY INDEPENDENT
AUDITORS FOR THE CITY OF MONTCLAIR, SUCCESSOR AGENCY FOR THE CITY OF
MONTCLAIR REDEVELOPMENT AGENCY, AND MEASURE I FUND
REASON FOR CONSIDERATION: Though not required by law, in order to provide more transparency and documentation, the City Council is requested to receive and file the annual reports prepared by the City’s independent auditing firm and a compliance audit required by Measure I.
BACKGROUND: The City of Montclair has engaged the auditing firm of Van Lant & Fankhanel, LLP, Certified Public Accountants (City Auditors) to perform independent audit of its financial transaction and to conduct other reviews required by law. Included in the agenda packet for City Council’s information are copies of the reports issued by this firm, which are discussed in detail below.
The results of these engagements and the reports associated with them are as follows:
• Financial audit of the City of Montclair for the fiscal year ended June 30, 2024.
Contains financial statements covering City operations. The financial statements presented in this report received an unqualified opinion from the auditing firm. • Audit Communication Regarding Conduct of Audit. This letter provides information on the conduct of the audit. The auditor’s indicated:
➢ All significant transactions have been recognized in the financial statements in the proper period.
➢ They encountered no significant difficulties in dealing with management in performing and completing their audit.
➢ Any misstatements noted were corrected by management. ➢ No disagreements with management arose during the course of the audit. • Report on Internal Control over Financial Reporting and on Compliance and Other Matters. This report covers deficiencies and weaknesses in internal control that could cause material misstatements. No deficiencies were noted by the auditors.
• Report on Agreed–Upon Procedures Applied to Appropriation Limit Worksheets.
This is a set of procedures performed on the City’s Gann Appropriation Limit as required by State Law. No findings were noted in the performance of these procedures.
MONTCLAIR CITY COUNCIL MEETING – 06/01/2026 Page 31 of 195 • Successor Agency — Bonding Requirement Financial Disclosure Financial Statements. This is a special purpose audit covering only those operations of the Successor Agency (prior redevelopment agency) that affect bond issues. Prior to the elimination of redevelopment, there was a separate financial audit performed and that was required as part of our continuing disclosure requirement for those bond issues. That audit was eliminated in the dissolution process and we now prepare this special report to comply with those disclosure requirements. This report gives the bond community specific information on the transactions associated with those bonds. To the best of staff’s knowledge, we are the only successor agency that prepares this type of disclosure. For the fiscal year ended June 30, 2024, all of the continuing disclosure reporting requirements were completed within the prescribed time limits.
• Single Audit Report on Federal Awards Programs. This is an organization–wide financial statement and federal awards audit of a non–federal entity that expends $750,000 or more in federal funds in one year. The Single Audit Report provides assurance to the Federal Government that a non–federal entity has adequate internal controls in place and is generally in compliance with program requirements.
The financial audits of the City, the special audit of the Successor Agency, and the Single Audit were completed in March 2025. No management comments have been made by the City Auditors to the City indicating any policies and/or procedures that they would like to see improved.
Measure I Fund Audit
Additionally, as required by Measure I, independent auditors are engaged by the San Bernardino County Transportation Authority to annually perform a financial and compliance audit of the City of Montclair’s Measure I fund. This audit is to include a computation of Maintenance of Effort. For Fiscal Year 2023–24 this audit was performed by Crowe LLP, Certified Public Accountants and their report is attached.
The Measure I Fund received an unqualified financial statement opinion and no noncompliance was noted. The Maintenance of Effort computation, which compares general city street and highway expenditures against an annual base requirement, indicated that the City of Montclair has exceeded its cumulative Maintenance of Effort requirement by $34,693,710.
FISCAL IMPACT: There is no fiscal impact in receiving and filing the reports provided by the City and Measure I Auditors.
RECOMMENDATION: Staff recommends that the City Council and the Board of Directors of the Successor Agency for the City of Montclair Redevelopment Agency receive and file annual reports prepared by independent auditors for the City of Montclair, Successor Agency for the City of Montclair Redevelopment Agency, and Measure I Fund.
MONTCLAIR CITY COUNCIL MEETING – 06/01/2026 Page 32 of 195
CITY COUNCIL
AGENDA REPORT
DATE: JUNE 1, 2026
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 1
FILE I.D.: STA701
DEPT.: PUBLIC WORKS
PREPARER: M. PARADIS
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 26–28, AMENDMENT NO. 2 TO AGREEMENT NO. 23–44 WITH COLTS LANDSCAPE INC. FOR LANDSCAPE MAINTENANCE
SERVICES, SUBJECT TO ANY REVISIONS DEEMED NECESSARY BY THE CITY ATTORNEY REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 26–28, Amendment No. 2 to Agreement No. 23–44 with Colts Landscape Inc. (Colts) for landscape maintenance services, subject to any revisions deemed necessary by the City Attorney.
A copy of proposed Agreement No. 26–28, amendment No. 2 to Agreement No. 23–44 is attached for the City Council’s review and consideration.
BACKGROUND: In the meeting of July 17, 2023, the City Council approved Agreement No. 23–44 with Colts for landscape maintenance services. Agreement No. 23–44 is a three–year contract expiring on June 30, 2026.
Proposed Agreement No. 26–28 is an additional three–year term which concludes on June 30, 2029. It provides for an annual 2.9% service rate adjustment and allows for additional maintenance services in the following areas:
• Daily trash bunker cleaning at Saratoga Park and Essex Park. • Monthly maintenance along the I–10 freeway soundwall walkway and the west side of Greenwood Avenue.
• The northeast quadrant of the Ramona Avenue and the Brooks Street overpass. • The west side of Benson Avenue near the I–10 freeway. • The easement off State Street and the Monte Vista Avenue overpass.
Colts has been under contract since July 2023 and is providing the City with high–quality landscape services on the median islands, parkways, within parks, and facilities. The company is responsive to staff requests and knowledgeable of landscaping requirements throughout the City.
FISCAL IMPACT: The cost to provide landscape services for Fiscal Year 2026–27 is estimated at $798,985 and is requested in the Fiscal Year 2026–27 Public Works budget.
RECOMMENDATION: Staff recommends that the City Council approve Agreement No. 26–28, Amendment No. 2 to Agreement No. 23–44 with Colts Landscape Inc. for landscape maintenance services, subject to any revisions deemed necessary by the City Attorney.
MONTCLAIR CITY COUNCIL MEETING – 06/01/2026 Page 33 of 195 Agreement No. 26-28
AMENDMENT NO. 2 TO AGREEMENT NO. 23-44
WITH
COLTS LANDSCAPE, INC.
FOR
LANDSCAPE MAINTENANCE SERVICES
THIS AGREEMENT is made and effective as of July 1, 2026, between the CITY OF MONTCLAIR, a municipal corporation (the "City") and COLTS LANDSCAPE, INC., a California corporation (the "Contractor"). The City and the Contractor are sometimes referred to herein collectively as the “Parties” and singularly as “Party.” In consideration of the mutual covenants and conditions set forth herein, the Parties agree as follows:
1. TERM
This Agreement shall commence on July 1, 2026 and shall remain and continue in effect for a period of approximately three years, expiring on June 30, 2029, unless sooner terminated pursuant to the provisions of this Agreement.
2. SERVICES
Contractor shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Contractor shall complete the tasks according to the schedule of performance, which is also set forth in Exhibit A.
3. PERFORMANCE
Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. If the work performed by Contractor is not satisfactory, the City’s Public Works Superintendent or his designated representative may suspend the Agreement for any period of time or terminate the Agreement as set forth herein. No sums shall be due or payable to the Contractor for or during any time of such suspension or after termination.
4. CITY MANAGEMENT
City’s Public Works Superintendent or his/her designee shall represent City in all matters pertaining to the administration of this Agreement, and the review and approval of all work to be performed by Contractor.
MONTCLAIR CITY COUNCIL MEETING – 06/01/2026 Page 34 of 195 Agreement No. 26-28
5. PAYMENT
(a) City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit A, for work completed. (b) Contractor shall not be compensated for CPI 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’s Public Works Superintendent. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City’s Public Works Superintendent and Contractor at the time City’s written authorization is given to Contractor for the performance of said services.
(c) Contractor 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 Contractor’s fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. (d) Prior written approval from the City shall be required prior to any and all work performed by Contractor. If prior written approval is not obtained by the Contractor, no payment will be approved.
6. TERMINATION OF AGREEMENT
(a) The City may terminate this Agreement at any time during the term of the Agreement by giving the Contractor not less than thirty (30) calendar days’ prior written notice. The Contractor may only terminate this Agreement for cause, and by giving the City prior notice in writing with a reasonable opportunity to cure any purported default. If the Agreement is terminated by the City, and provided Contractor is not then in breach, the Contractor shall be paid for services satisfactorily rendered to the last working day the Agreement is in effect, and the Contractor shall have no other claim against the City by reason of such termination. This Agreement may be extended beyond the term only by the written agreement of both Parties prior to the expiration of the term of the Agreement. (b) Upon termination of the Agreement pursuant to this Section, Contractor shall submit an invoice to the City for all unpaid work completed.
7. DEFAULT OF CONTRACTOR
(a) The Contractor’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes MONTCLAIR CITY COUNCIL MEETING – 06/01/2026 Page 35 of 195 Agreement No. 26-28
beyond the Contractor’s control, and without fault or negligence of the Contractor, it shall not be considered a default.
(b) If the City’s Public Works Superintendent or his/her designee determines that the Contractor 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 Contractor a written notice of the default. The Contractor 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 Contractor 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) Contractor 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. Contractor 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. Contractor 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 Contractor. With respect to computer files, Contractor shall make available to the City, at the Contractor’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. Contractor shall defend, indemnify, and hold harmless the City, its present and former officers, directors, employees, agents, staff, volunteers, mayor, council, boards, committees, and representatives, as broadly interpreted (collectively, the “Indemnified Parties”), of and from all claims, suits, demands, obligations, losses, damages, sums, or any other matters threatened or presently asserted, including but not limited to all legal fees, costs of defense and litigation expenses (including legal fees, expert fees and any other costs or fees, including those of adverse parties imposed on or sought against the Indemnified Parties), arising directly or indirectly out of any liability or claim of loss or liability for MONTCLAIR CITY COUNCIL MEETING – 06/01/2026 Page 36 of 195 Agreement No. 26-28
personal injury, bodily injury to persons, contractual liability, errors or omissions, breach, failure to perform, damage to or loss of property, or any other loss, damage, injury or other claim of any kind or nature arising out of the work to be performed by Contractor herein, caused by or arising out of the negligent acts or omissions, or intentional misconduct of Contractor, including its subcontractors, employees, agents, and other persons or entities performing work for Contractor.
(b) Contractual Indemnity. To the fullest extent permitted under California law, Contractor shall contractually indemnify, defend and hold harmless the Indemnified Parties from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, amounts for good faith settlement, or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees and costs), arising out of or related to, in whole or in part, the performance of this Agreement by Contractor or by any individual or entity for which Contractor is legally liable, including but not limited to Contractor’s officers, agents, representative, employees, independent contractors, subcontractors or affiliated or related entities and/or its or their employees, agents and representatives, caused by or arising out of all negligent acts or omissions, or intentional misconduct of Contractor, including its subcontractors, employees, agents and other persons or entities performing work for Contractor. Indemnification shall include any claim that Contractor, or Contractor’s employees or agents, are or may be considered and treated as employees of the City, or are entitled to any employee benefits from City including but not limited to those available under Public Employees Retirement Law. The obligation to indemnify, defend and hold harmless the Indemnified Parties shall apply to all liability as defined above regardless of whether the Indemnified Parties were or are alleged to have been negligent, except that it shall not apply to claims arising from the sole negligence or willful intentional misconduct of the Indemnified Parties. Contractor’s obligation to defend the Indemnified Parties is not contingent upon there being an acknowledgement of or determination of the merit of any claims, liability, demands, causes of action, suits, losses, expenses, errors, omissions and/or costs.
(c) Subcontractors and Indemnification. Contractor agrees to and shall obtain executed indemnity agreements in favor of the Indemnified Parties with provisions identical to those set forth from each and every Subcontractor, Sub consultant, or other person or entity involved by, for, with, or on behalf of Contractor in the performance of any aspect of this Agreement. In the event Contractor fails to obtain such indemnity obligations, Contractor shall be fully responsible for each and every Subcontractor, Subconsultant or other person or entity in terms of defense, indemnity and hold harmless obligations in favor of the Indemnified Parties as set forth above. This obligation to indemnify and defend the Indemnified Parties is binding on the successors, assigns, or heirs of Contractor and shall survive the full performance or termination of this Agreement. These indemnification provisions are independent of and shall not in any way be limited or superseded by the insurance requirements and insurance-related provisions of this Agreement.
MONTCLAIR CITY COUNCIL MEETING – 06/01/2026 Page 37 of 195 Agreement No. 26-28
(d) City Lost or Damaged Property – Theft. Contractor further agrees to pay or cause to be paid to the Indemnified Parties’ benefit, any and all damages, fines, penalties, and loss or theft of property of the City arising out of or related in any way to the negligent acts or omissions or intentional misconduct of Contractor or of Contractor’s officers, agents, representatives, employees, independent contractors, subcontractors or affiliated or related entities and/or its or their employees, agents and representatives, whether such actions, omissions to act, negligence or intentional conduct is or was authorized by this Agreement or not. City assumes no responsibility whatsoever for any property placed on the premises of City. Contractor further agrees to waive all rights of subrogation against the Indemnified Parties.
(e) Non-Waiver and Non-Exhaustion of City’s Further Rights and Remedies. No aspect of this provision shall in any way limit or effect the rights of the Indemnified Parties against the Contractor under the terms of this Agreement or otherwise. The indemnification provisions shall apply regardless of whether this Agreement is executed after Contractor begins the work and shall extend to claims arising after this Agreement is performed or terminated, including a dispute as to the termination of Contractor. The indemnity obligations of Contractor shall continue until it is determined by final judgment that the claim against the City and any Indemnified Parties is determined by final judgment and after exhaustion of any rights of appeal. Further, no aspect of this provision shall impact the City’s rights to contribution from Contractor, or for the City to dispute Contractor’s refusal to defend and indemnify City. (f) Limitations on Scope of Indemnity. Notwithstanding the foregoing, Contractor shall not be responsible for indemnification for claims or losses caused by the primary negligence or intentional wrongdoing of Indemnified Parties. Further, the indemnity provided shall be interpreted as broadly as permitted under California law and as to agreements between parties, and shall if required be reformed to be consistent with those laws to protect and save this provision for the protection of the Indemnified Parties. (g) The obligations of Contractor under this or any other provision of this Agreement shall not be limited by the provisions of any workers’ compensation act or similar act. The Contractor expressly waives any statutory immunity under such statutes or laws as to the Indemnified Parties. The Contractor’s indemnity obligation set forth in this Section 9 shall not be limited by the limits of any policies of insurance required or provided by the Contractor pursuant to this Agreement.
(h) The Contractor’s covenant under this Section 9 shall survive the expiration or termination of this Agreement.
10. INSURANCE
The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
MONTCLAIR CITY COUNCIL MEETING – 06/01/2026 Page 38 of 195 Agreement No. 26-28
(a) Types of Required Coverages
Without limiting the indemnity provisions of the Contract, the Contractor shall procure and maintain in full force and effect during the term of the Contract, the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so. (1) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 00 01, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $2,000,000 per occurrence, and $4,000,000 in the aggregate.
(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. (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 Contractor including materials, parts or equipment furnished in connection with such work or operations. Coverage for the additional insureds shall apply to the fullest extent permitted by law.
Additional Insured Endorsements shall not:
1. Be limited to “Ongoing Operations”
2. Exclude “Contractual Liability
3. Restrict coverage to the “Sole” liability of contractor
4. Exclude “Third-Party-Over Actions”
MONTCLAIR CITY COUNCIL MEETING – 06/01/2026 Page 39 of 195 Agreement No. 26-28
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. (d) Waiver of Subrogation
Required insurance coverages shall not prohibit Contractor from waiving the right of subrogation prior to a loss. Contractor shall waive all rights of subrogation against the indemnified parties and policies shall contain or be endorsed to contain such a provision. This provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer.
(e) Evidence of Insurance
All policies, endorsements, certificates, and/or binders shall be subject to approval by the City as to form and content. These requirements are subject to amendment or waiver only if so approved in writing by the City. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such MONTCLAIR CITY COUNCIL MEETING – 06/01/2026 Page 40 of 195 Agreement No. 26-28
coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
(f) Deductible or Self-Insured Retention
Any deductible or self-insured retention must be approved in writing by the City and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the Contractor or the City.
(g) Contractual Liability/Insurance Obligations
The coverage provided shall apply to the obligations assumed by the Contractor under the indemnity provisions of this Agreement. The insurance obligations under this Agreement shall be: (1) all the insurance coverage and/or limits carried by or available to the Contractor; or (2) the minimum insurance coverage requirements and/or limits shown in this Agreement; whichever is greater. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits, which are applicable to a given loss, shall be available to the City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of the Contractor under this Agreement.
(h) Failure to Maintain Coverage
Contractor agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City. The City shall have the right to withhold any payment due Contractor until Contractor has fully complied with the insurance provisions of this Contract. In addition, the City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may take out the necessary insurance and pay, at Contractor’s expense, the premium thereon.
In the event that the Contractor’s operations are suspended for failure to maintain required insurance coverage, the Contractor shall not be entitled to an extension of time for completion of the Work because of production lost during suspension. (i) Acceptability of Insurers
Each such policy shall be from a company or companies with a current A.M.
Best’s rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. Any other rating must be approved in writing in accordance with the City.
(j) Claims Made Policies
If coverage is written on a claims-made basis, the retroactive date on such insurance and all subsequent insurance shall coincide or precede the effective date of MONTCLAIR CITY COUNCIL MEETING – 06/01/2026 Page 41 of 195 Agreement No. 26-28
the initial Contractor’s Agreement with the City and continuous coverage shall be maintained or an extended reporting period shall be exercised for a period of at least five (5) years from termination or expiration of this Agreement. (k) Insurance for Subcontractors
Contractor shall be responsible for causing Subcontractors to purchase the same types and limits of insurance in compliance with the terms of this Agreement, including adding the City as an Additional Insured, providing Primary and NonContributory coverage and Waiver of Subrogation to the Subcontractors’ policies. The Commercial General Liability Additional Insured Endorsement shall be on a form at least as board as CG 20 38 04 13.
11. INDEPENDENT CONTRACTOR
(a) Contractor 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 Contractor shall at all times be under Contractor’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 Contractor or any of Contractor’s officers, employees, or agents, except as set forth in this Agreement. Contractor 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. Contractor shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Contractor shall be solely responsible and hold the City harmless for all matters relating to the payment of Contractor’s employees, including compliance with Social Security withholdings and all other regulations governing such matters. (b) No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder.
12. LEGAL RESPONSIBILITIES
The Contractor 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 Contractor shall at all times observe and comply with all such laws and regulations, including compliance with CAL/OSHA requirements as may be applicable. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this Section.
13. UNDUE INFLUENCE
Contractor 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 MONTCLAIR CITY COUNCIL MEETING – 06/01/2026 Page 42 of 195 Agreement No. 26-28
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 Contractor, or from any officer, employee or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.
Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.
14. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the project performed under this Agreement.
15. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a) All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor without City’s prior written authorization. Contractor, its officers, employees, agents, or subcontractors, 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 Contractor gives City notice of such court order or subpoena.
(b) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors 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 Contractor and/or be present at any deposition, hearing, or similar proceeding.
Contractor agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Contractor. 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) Contractor 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. Contractor covenants that neither he/she nor any office 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. Contractor 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 subcontractor. Contractor further MONTCLAIR CITY COUNCIL MEETING – 06/01/2026 Page 43 of 195 Agreement No. 26-28
covenants that Contractor 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 Contractor and/or its subcontractors 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, Contractor 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 Contractor. The Contractor’s covenant under this Section shall survive the termination of this Agreement.
16. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:
To City: City of Montclair
Attn: Public Works Director
5111 Benito Street
Montclair, CA 91763
To Contractor: Colts Landscape, Inc.
Attn: Alfredo Jose Jimenez, President
11672 Brookshire Avenue
Garden Grove, CA 92840
17. ASSIGNMENT AND SUBCONTRACTING
The Contractor shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, nor any monies due hereunder, without prior written consent of the City. The City’s consent to an assignment of rights under this Agreement shall not release the Contractor from any of its obligations or alter any of its obligations to be performed under this Agreement. Any attempt at assignment or delegation by the Contractor in violation of this Section 17 shall be void and of no legal effect and shall constitute grounds to terminate this Agreement for cause. The Contractor shall not subcontract any performance required under this Agreement without the City’s prior written consent.
MONTCLAIR CITY COUNCIL MEETING – 06/01/2026 Page 44 of 195 Agreement No. 26-28
18. LICENSES
At all times during the term of this Agreement, Contractor 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 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.
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 – Not applicable.
22. CONFIDENTIALITY
Information and materials obtained by the Contractor from City during the performance of this Agreement shall be treated as strictly confidential and shall not be used by the Contractor for any purpose other than the performance of this Agreement.
Contractor’s covenant under this Section shall survive the expiration or termination of this Agreement.
23. DISCRIMINATION
The Contractor agrees that no person shall be excluded from employment in the performance of this Agreement on grounds of race, creed, color, sex, age, marital status, or place of national origin. In this connection, the Contractor 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.
MONTCLAIR CITY COUNCIL MEETING – 06/01/2026 Page 45 of 195 Agreement No. 26-28
25. CLAIMS AGAINST CITY
Contractor must comply with the claim procedures set forth in Government Code sections 900, et. seq., and/or Montclair Municipal Code, Chapter 1.16, as applicable, prior to filing any lawsuit against the City. Such claims and any subsequent lawsuit based upon the claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.
26. EXHIBITS; PRECEDENCE
All documents reference as exhibits in this Agreement are hereby incorporated into this Agreement by this reference. In the event of any inconsistency between the express provisions of this Agreement and any provision of an exhibit, the provisions of this Agreement, then the City’s request for proposals, if any, shall prevail.
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 Contractor warrants and represents that he/she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor 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 – 06/01/2000 Page 46 of 195 Agreement No. 26-28
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY
City of Montclair
CONTRACTOR
Colts Landscape, Inc.
A Municipal Corporation A California Corporation
By: By:
Javier John Dutrey, Mayor Alfredo Jose Jimenez, President Date: Date:
Attest:
By: By:
Andrea M. Myrick, City Clerk
Date: Date:
Approved as to Form:
By:
Diane E. Robbins, City Attorney
Date:
MONTCLAIR CITY COUNCIL MEETING – 06/01/2000 Page 47 of 195 �·� ••
COLTS LANDSCAPE INC -- Cu1tomer Jervfce ti Our Prforfrg -- March 13, 2026
City of Montclair
Attn: Mathew Paradis and Monica Heredia
10835 Monte Vista.Avenue
Montclair, CA 91763
RE: Landscape and Irrigation Maintenance for Median Island, Park and Parkway and City Parks and Facilities contracts - FY 2026-2029
Dear Mathew and Monica,
We are writing to formally express our intent to renew the existing landscape maintenance contract between Colts Landscape, Inc. and the City of Montclair for the upcoming fiscal years, beginning July 1, 2026 and ending June 30, 2029.
Over the past three years, it has been our privilege to provide landscape maintenance services for the City of Montclair. We take pride in our role in maintaining the city's public spaces and appreciate the trust placed in our team. As we look ahead, we would like to request a slight cost adjustment to account for increases in labor, materials, and operational expenses.
Effective Date: July 1, 2026
CPI Adjustment Requested: 2.90%
Region Area: San Bernardino
Please let us know of any required documentation, updated contract terms, or procedural steps necessary to finalize the renewal.
Thank you for your continued partnership and consideration. We look forward to working with the City of Montclair for another successful three years.
S
Alfredo
J\�
Jimenez
�U {J.
www.coltslandscapeinc.com
No. Area Description Current
Monthly
Cost
FY 2026-
2027
(2.90%
increase)
FY 2027-
2028
(2.90%
increase)
FY 2028-
2029
(2.90%
increase)
A. Moreno Street Landscaping –
Once Per Month
$405.90 $417.67 $429.78 $442.25
B. Monte Vista Avenue
Landscaping – Once Per
Month
$370.92 $381.68 $392.75 $404.13
C. San Jose Landscaping – Once
Per Month
$52.80 $54.33 $55.90 $57.53
D. Central Avenue Islands and
Landscaping – Once Per Week
$6,402.00 $6,587.66 $6,778.70 $6,975.28
E Mills Avenue Landscaping –
Once Per Month
$3,258.09 $3,352.57 $3,449.80 $3,549.84
F. Holt Boulevard Island and
Landscaping – Once Per Week
$4,390.85 $4,518.18 $4,649.21 $4,784.04
G. San Bernardino Street
Landscaping – Once Per
Month
$384.62 $395.77 $407.25 $419.06
H. Benson Avenue Landscaping –
Once Per Month
$295.94 $304.53 $313.36 $322.45
I. Central Avenue Grade
Separation – Once Per Month
$167.41 $172.26 $177.26 $182.40
J. Palo Verde Street Landscaping
– Once Per Month
$17.82 $18.34 $18.87 $19.42
K. Monte Vista Avenue Grade
Separation – Once Per Month
$660.00 $679.14 $698.84 $719.10
Colts Landscape, Inc.
Compensation Schedule for Median Island, Park, and Parkway
No. Area Description Current
Monthly
Cost
FY 2026-
2027
(2.90%
increase)
FY 2027-
2028
(2.90%
increase)
FY 2028-
2029
(2.90%
increase)
L. Richton Street Landscaping –
Once Per Month
$79.20 $81.50 $83.86 $86.29
M. Phillip Boulevard Landscaping
– Once Per Month
$39.60 $40.75 $41.93 $43.15
N. Ramona Avenue Planters and
Tree Wells (East Side) – Once
Per Month
$33.00 $33.96 $34.94 $35.96
O. Ramona Avenue Tree Wells
(West Side) – Once Per Month
$33.00 $33.96 $34.94 $35.96
P. San Bernardino Street Tree
Wells (South Side) Once Per
Month
$33.00 $33.96 $34.94 $35.96
Q. San Bernardino Street Tree
Wells (North Side) – Once Per
Month
$33.00 $33.96 $34.94 $35.96
R. San Bernardino Street
Parkways – Once Per Month
$264.00 $271.66 $279.53 $287.64
S. City Owned House at 9916
Central Ave – Twice Per Month
$33.00 $33.96 $34.94 $35.96
T. Storm Drain Channel located
North of I-10 Freeway – Once
Per Month
$577.50 $594.25 $611.48 $629.21
U. Freedom Plaza Landscaping –
Once Per Month
$33.00 $33.96 $34.94 $35.96
V. Alley Planters located between
Yale and Cambridge – Once
Per Month
$33.00 $33.96 $34.94 $35.96
No. Area Description Current
Monthly
Cost
FY 2026-
2027
(2.90%
increase)
FY 2027-
2028
(2.90%
increase)
FY 2028-
2029
(2.90%
increase)
W. Ramona Parkway North and
South of Canary – Once Per
Month
$49.50 $50.94 $52.41 $53.93
X. Mission Blvd. Islands and
Parkways from East to West
City Limits – Once Per Week
$5,735.40 $5,901.73 $6,072.88 $6,248.99
Y. Palo Verde Street Landscaping
North Side from Mills to San
Antonio Channel – Once Per
Month
$759.00 $781.01 $803.66 $826.97
Z. Parks Trash Collection – Daily
Monday through Friday
Saratoga Park & Essex Park
trash enclosures pick up –
Daily Monday through Friday
$5,771.95 $6,939.34 $7,140.58 $7,347.66
AA Olive Street Parkway, South
Side East of Vernon – Once Per
Month
$181.37 $186.63 $192.04 $197.61
BB Mission Boulevard and
Ramona Avenue Parkway –
Once Per Month
$181.37 $186.63 $192.04 $197.61
CC Monte Vista Avenue Parkway
west side I-10 Freeway to
Princeton Street and Monte
Vista west to Tudor Street
south of I-10 – Once Per
Month
$363.53 $374.07 $384.92 $396.08
DD Pacific Electric Bike Trail –
Once Per Month
$33.00 $33.96 $34.94 $35.96
No. Area Description Current
Monthly
Cost
FY 2026-
2027
(2.90%
increase)
FY 2027-
2028
(2.90%
increase)
FY 2028-
2029
(2.90%
increase)
EE Ramona Avenue Islands north
and south of Mission
Boulevard –Once Per Month
$33.00 $33.96 $34.94 $35.96
FF Richton Street Landscpaing –
Once Per Month
$118.80 $122.25 $125.79 $129.44
GG Montclair Police Facility –
Once Per Month
$752.40 $774.22 $796.67 $819.78
HH Saddleback Street Parkway –
Once Per Month
$99.00 $101.87 $104.83 $107.87
II Montclair Place Landscape at
northeast corner of San Jose
and Monte Vista Avenue –
Once Per Month
$105.27 $108.32 $111.46 $114.70
JJ Montclair Place Landscape at
Southwest corner of Central
Avenue and Moreno Street –
Once Per Month
$105.27 $108.32 $111.46 $114.70
KK Mission Boulevard and Stallion
Avenue Parkway – Once Per
Month
$79.20 $81.50 $83.86 $86.29
LL Central Avenue and Howard
Street Parkway – Once Per
Month
$66.00 $67.91 $69.88 $71.91
MM Ramona Avenue Overpass
Landscape – Once Per Month
$1,188.00 $1,222.45 $1,257.90 $1,294.38
PP Fruit Park – Once Per Month $630.00 $648.27 $667.07 $686.41
No. Area Description Current
Monthly
Cost
FY 2026-
2027
(2.90%
increase)
FY 2027-
2028
(2.90%
increase)
FY 2028-
2029
(2.90%
increase)
QQ Reeder Ranch – Once Per
Month
$1,260.00 $1,296.54 $1,334.14 $1,372.83
RR Community Garden – Twice
Per Month
$900.00 $926.10 $952.96 $980.59
SS Ramona Ave from Kingsley to
Holt (East and West) Sidewalk
Blowing, Trash Pick Up, and
Weed Abatement – Once Per
Week
$455.00 $468.20 $481.77 $495.74
TT Walkway along the I-10
freeway soundwall from Tudor
West to Helena – Once Per
Month
$65.00 $66.89 $68.82
UU Greenwood Ave Westside
State St. Earnhardt Way from
curbline to green - Once Per
Month
$67.00 $68.94 $70.94
VV Ramona & Brooks N/E
quadrant of the overpass –
Once Per Month
$57.00 $58.65 $60.35
WW West side of Benson from I-10
freeway to San Jose – Once
Per Month
$47.00 $48.36 $49.77
XX Easement off of State St. &
Monte Vista overpass N/W
quadrant of overpass – Once
Per Month
$57.00 $58.65 $60.35
Base Bid Amount: $36,464.70 $38,815.18 $39,940.82 $41,099.10
No. Area Description Current
Monthly
Cost
FY 2026-
2027
(2.90%
increase)
FY 2027-
2028
(2.90%
increase)
FY 2028-
2029
(2.90%
increase)
A. Civic Center, 5111 Benito Street $1,170.00 $1,203.93 $1,238.84 $1,274.77 B. City Corporate Yard $200.00 $205.80 $211.77 $217.91
C. Fire Station #1 $330.00 $339.57 $349.42 $359.55
D. Fire Station #2 $110.00 $113.19 $116.47 $119.85
E. Transit Center & Kids Station $863.28 $888.32 $914.08 $940.58 F. Alma Hoffman Park, 5201 Benito
Street
$644.70 $663.40 $682.63 $702.43
G. Mini Park #1. 9120 Monte Vista
Avenue
$353.68 $363.94 $374.49 $385.35
H. Mini Park #2, 4682 Highland
Street
$261.36 $268.94 $276.74 $284.76
I. MacArthur Park, 5450 Deodar
Street
$1,356.98 $1,396.33 $1,436.83 $1,478.49
J. Moreno Vista Park, 4675
Moreno Street
$1,747.63 $1,798.31 $1,850.46 $1,904.13
K. Saratoga Park, 5397 Kingsley
Street
$4,586.87 $4,719.89 $4,856.77 $4,997.61
L. Sunrise Park, 5500 Princeton
Street
$1,327.83 $1,366.34 $1,405.96 $1,446.73
Colts Landscape, Inc.
Compensation Schedule for City Parks and Facilities
No. Area Description Current
Monthly
Cost
FY 2026-
2027
(2.90%
increase)
FY 2027-
2028
(2.90%
increase)
FY 2028-
2029
(2.90%
increase)
M. Sunset Park, 4351 Orchard
Street
$2,240.29 $2,305.26 $2,372.11 $2,440.90
N. Wilderness Park $1,440.00 $1,481.76 $1,524.73 $1,568.95 O. Essex Park, 4295 Howard Street $2,295.50 $2,362.07 $2,430.57 $2,501.06 P. Golden Girls Park, 4594 San
Bernardino Street
$1,415.70 $1,456.76 $1,499.00 $1,542.47
Q. Kingsley Park, 5575 Kingsley
Street
$1,698.84 $1,748.11 $1,798.80 $1,850.97
R. Reeder Ranch $742.12 $763.64 $785.79 $808.57
S. Prep Ball Fields for Season
(once per week/materials not
included)
$4,200.00 $4,321.80 $4,447.13 $4,576.10
Base Bid Amount: $26,984.78 $27,767.34 $28,572.59 $29,401.20
Colts Landscape, Inc.
Unit Price Compensation Schedule for FY 2026-2029
Ite
m
Description Unit/
Qty.
Current
Prices
FY 2026-
2027
(2.90%
increase)
FY 2027-
2028
(2.90%
increase)
FY 2028-
2029
(2.90%
increase)
1. Landscape Maintenance Laborer
– Routine (Routine mowing, watering,
pruning, trimming, weeding, spraying,
occasional planting and replacement pf
plants and janitorial work incidental to
such landscape maintenance)
Hour $35.00 $36.02 $37.06 $38.13
2. Foreman Hour $45.00 $46.31 $47.65 $49.03
3. Landscape/Irrigation Laborer Hour $95.00 $97.76 $100.59 $103.51
4. Licensed or Certified Chemical
Applicator
Hour $75.00 $77.18 $79.41 $81.72
5. Lead Supervisor Hour $55.00 $56.60 $58.24 $59.93
CITY COUNCIL
AGENDA REPORT
DATE: JUNE 1, 2026
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 2
FILE I.D.: STA919C
DEPT.: PUBLIC WORKS
PREPARER: R. HOERNING
SUBJECT: CONSIDER AWARDING A CONTRACT TO GENTRY BROTHERS, INC. FOR CONSTRUCTION OF THE ARROW HIGHWAY REHABILITATION AND TRAFFIC SIGNAL INTERCONNECT PROJECT CONSIDER APPROVAL OF AGREEMENT NO. 26–29 WITH GENTRY BROTHERS, INC.
FOR CONSTRUCTION OF THE ARROW HIGHWAY REHABILITATION AND TRAFFIC
SIGNAL INTERCONNECT PROJECT
CONSIDER AUTHORIZING A $951,895.25 CONTINGENCY FOR THE ARROW
HIGHWAY REHABILITATION AND TRAFFIC SIGNAL INTERCONNECT PROJECT CONSIDER AUTHORIZING CITY MANAGER EDWARD C. STARR TO SIGN AGREEMENT NO. 26–29
REASON FOR CONSIDERATION: The City Council is requested to consider the following:
Awarding a contract to Gentry Brothers Inc., for the construction of the Arrow Highway Rehabilitation and Traffic Signal Interconnect Project; approval of Agreement No. 26–29 with Gentry Brother, Inc., for construction of the Arrow Highway Rehabilitation and Traffic Signal Interconnect Project; authorizing a $951,895.25 contingency for the project; and authorizing City Manager Edward C. Starr to sign Agreement No. 26–29.
A copy of Agreement No. 26–29 is attached for City Council review and consideration.
BACKGROUND: On May 4, 2026 the City Council authorized the City Manager to execute Agreement No. 26–29 and appropriated $6,500,000 from the Redevelopment Project Area No. III Tax Allocation Bond Fund, 2021 Lease Revenue Bond Fund, and Sewer Fund, as appropriate, for costs related to construction. This action was necessary because this project is part of a SBCTA Active Transportation Planning package, which has a delivery completion date of January 2027. It is important to start construction at the earliest possible date to allow for the longest construction period. This follow–up staff report is provided herein to inform the City Council on the bids received and lowest responsible and responsive bidder for the project.
The section of Arrow Highway in Montclair, located between Mills Avenue and Benson Avenue, is an important corridor within the City. The Arrow Highway Rehabilitation and Traffic Signal Interconnect Project provides enhancements to Arrow Highway from the San Antonio Creek channel to Central Avenue, and includes sewer upgrades, roadway improvements, new signage and striping, new landscaped center median and parking area islands, and fiber optic traffic signal interconnect improvements.
The planned and recently completed improvements to Arrow Highway and Fremont Avenue are essential to the City’s North Montclair revitalization initiative, which emphasizes complete streets principles and street beautification. To this end, the plan has been organized into three phases: Arrow Highway and Fremont Avenue intersection improvements adjacent to the Village Partners’ Project (completed), Fremont Avenue MONTCLAIR CITY COUNCIL MEETING – 06/01/2000 Page 57 of 195 improvements from Arrow Highway to Moreno Street (awarded), and the subject Arrow Highway improvements from Central Avenue to the San Antonio Creek Channel. This phased approach facilitates coordination with nearby development activities, such as the Village at Montclair mixed–use development project, anticipated utility upgrades, and available grant funding opportunities.
The Arrow Highway Rehabilitation and Traffic Signal Interconnect Project was included in the City’s 2024–2029 Five–Year Capital Improvement Plan, which was approved by the City Council on November 4, 2024, and last updated on December 15, 2025.
On April 30, 2026, the City received and opened six (6) bid proposals for the Project.
The bid results are shown in the following table:
April 30, 2026
Bid Opening Results for the
Arrow Highway Rehabilitation and Traffic Signal Interconnect Project Bidder Bid Amount
Gentry Brothers, Inc. $3,798,104.75
Sequel Contractors, Inc. 4,985,839.30
Leonida Builders, Inc. 5,063,872.25
Hardy & Harper, Inc. 5,300,000.00
KASA Construction, Inc. 5,333,532.50
All American Asphalt. 5,489,809.00
Engineer’s Estimate 5,600,000.00
Following the bid opening, the proposals were reviewed for completeness and accuracy.
The apparent low bidder, Gentry Brothers, Inc. provided all the necessary information and the required documents. Gentry Brothers, Inc. has successfully completed numerous projects for the City.
FISCAL IMPACT: The cost of constructing the Project is estimated at $4,750,000, which includes the lowest responsive bid amount together with 15% construction contingency and 10 percent for construction management, inspection–testing, and permits. The Project will be funded as follows:
Fund Amount
Redevelopment Project Area No. III Tax
Allocation Bond $3,800,000.00
2021 Lease Revenue Bond 0.00
Sewer 950,000.00
TOTAL AMOUNT: $4,750,000.00
MONTCLAIR CITY COUNCIL MEETING – 06/01/2000 Page 58 of 195 RECOMMENDATION: Staff recommends that the City Council take the following actions related to the Arrow Highway Rehabilitation and Traffic Signal Interconnect Project:
1. Award a contract to Gentry Brothers, Inc. for construction of the Project;
2. Approve Agreement No. 26–29 with Gentry Brothers, Inc. for construction of the Project;
3. Authorize a $951,895.25 contingency for the Project; and
4. Authorize City Manager Edward C. Starr to sign Agreement No. 26–29.
MONTCLAIR CITY COUNCIL MEETING – 06/01/2000 Page 59 of 195 MONTCLAIR CITY COUNCIL MEETING – 06/01/2000 Page 60 of 195 MONTCLAIR CITY COUNCIL MEETING – 06/01/2000 Page 61 of 195 MONTCLAIR CITY COUNCIL MEETING – 06/01/2000 Page 62 of 195 MONTCLAIR CITY COUNCIL MEETING – 06/01/2000 Page 63 of 195 MONTCLAIR CITY COUNCIL MEETING – 06/01/2000 Page 64 of 195 MONTCLAIR CITY COUNCIL MEETING – 06/01/2000 Page 65 of 195 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 3,800,000.00 3,800,000.00 Redevelopment
Project Area No. III
950,000.00 950,000.00 Sewer
Total 0.00 0.00 0.00 0.00 0.00 4,750,000.00 4,750,000.00 Approvals:
Department: By: Date:
Finance By: Date:
City Council Date:
Total Project
Cost: 4,750,000.00
Revision Number:
Rosemary Hoerning, x-446
June 1, 2026
Infrastructure Fund
Capital Project Funding Information
Arrow Highway Rehabilitation and Traffic Signal Interconnect Project Improvements to be completed include sewer upgrades, roadway improvements, new signage and striping, new landscaped center median and parking area islands, and fiber optic traffic signal interconnect improvements.
Fiscal Years
Preparation Date: May 12, 2026 Department: Public Works Contact/Ext.:
MONTCLAIR CITY COUNCIL MEETING – 06/01/2000 Page 66 of 195
CITY COUNCIL
AGENDA REPORT
DATE: JUNE 1, 2026
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 3
FILE I.D.: STA701
DEPT.: PUBLIC WORKS
PREPARER: M. PARADIS
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 26–30, AMENDMENT NO. 1 TO AGREEMENT NO. 23–36 WITH WEST COAST ARBORISTS FOR TREE MAINTENANCE
SERVICES, SUBJECT TO ANY REVISIONS DEEMED NECESSARY BY THE CITY ATTORNEY REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 26–30, Amendment No. 1 to Agreement No. 23–36 with West Coast Arborists (WCA) for tree maintenance services, subject to any revisions deemed necessary by the City Attorney.
A copy of proposed Agreement No. 26–30, Amendment No. 1 to Agreement No. 23–36, is attached for the City Council’s review and consideration.
BACKGROUND: WCA has been under contract with the City to trim city–owned trees since October 2000 and continues to provide the City with high quality tree trimming and other tree–related services. The company is responsive to staff’s requests and has established an internet–based inventory of all City trees at no additional cost. WCA maintains a full inventory of all City–owned, privately–owned, and vacant locations of trees on public, residential, and commercial properties, and has incorporated them into a geographic information system (GIS) form. The inventory includes a running log of location, tree species, work history, and value of each City–owned tree. Public Works staff relies on this data for its annual tree–trimming program.
The City Council approved Agreement No. 23–36 with West Coast Arborists (WCA) for tree maintenance services on June 5, 2023, which is a three–year contract expiring on June 30, 2026. Proposed Agreement No. 26–30 would extend the contract for an additional three–year term concluding June 30, 2029, and provides for a CPI increase in the Fiscal Year 2028–29 budget not to exceed 3 percent.
FISCAL IMPACT: The cost to extend current tree maintenance services by WCA is estimated at $211,691 for Fiscal Year 2026–27, which was included in the Public Works Department’s Fiscal Year 2026–27 budget proposal.
RECOMMENDATION: Staff recommends the City Council approve Agreement No. 26–30, Amendment No. 1 to Agreement No. 23–36 with West Coast Arborists for tree maintenance services, subject to any revisions deemed necessary by the City Attorney.
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CITY OF MONTCLAIR
AGREEMENT FOR CONTRACTOR SERVICES
TREE TRIMMING SERVICES
THIS AGREEMENT is made and effective as of July 1, 2026, between the CITY OF MONTCLAIR, a municipal corporation (the "City") and WEST COAST ARBORISTS, INC., a California corporation (the "Contractor"). The City and the Contractor are sometimes referred to herein collectively as the “Parties” and singularly as “Party.” In consideration of the mutual covenants and conditions set forth herein, the Parties agree as follows:
1. TERM
This Agreement shall commence on July 1, 2026 and shall remain and continue in effect for a period of approximately three years, expiring on June 30, 2029, unless sooner terminated pursuant to the provisions of this Agreement.
2. SERVICES
Contractor shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Contractor shall complete the tasks according to the schedule of performance, which is also set forth in Exhibit A.
3. PERFORMANCE
Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. If the work performed by Contractor is not satisfactory, the City’s Public Works Superintendent or his designated representative may suspend the Agreement for any period of time or terminate the Agreement as set forth herein. No sums shall be due or payable to the Contractor for or during any time of such suspension or after termination.
4. CITY MANAGEMENT
City’s Public Works Superintendent or his/her designee shall represent City in all matters pertaining to the administration of this Agreement, and the review and approval of all work to be performed by Contractor.
5. PAYMENT
(a) City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, for work completed.
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(b) Contractor 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’s Public Works Superintendent. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City’s Public Works Superintendent and Contractor at the time City’s written authorization is given to Contractor for the performance of said services.
(c) Contractor 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 Contractor’s fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. (d) Prior written approval from the City shall be required prior to any and all work performed by Contractor. If prior written approval is not obtained by the Contractor, no payment will be approved.
6. TERMINATION OF AGREEMENT
(a) The City may terminate this Agreement at any time during the term of the Agreement by giving the Contractor not less than thirty (30) calendar days’ prior written notice. The Contractor may only terminate this Agreement for cause, and by giving the City prior notice in writing with a reasonable opportunity to cure any purported default. If the Agreement is terminated by the City, and provided Contractor is not then in breach, the Contractor shall be paid for services satisfactorily rendered to the last working day the Agreement is in effect, and the Contractor shall have no other claim against the City by reason of such termination. This Agreement may be extended beyond the term only by the written agreement of both Parties prior to the expiration of the term of the Agreement. (b) Upon termination of the Agreement pursuant to this Section, Contractor shall submit an invoice to the City for all unpaid work completed.
7. DEFAULT OF CONTRACTOR
(a) The Contractor’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor’s control, and without fault or negligence of the Contractor, it shall not be considered a default.
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(b) If the City’s Public Works Superintendent or his/her designee determines that the Contractor 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 Contractor a written notice of the default. The Contractor 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 Contractor 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) Contractor 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. Contractor 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. Contractor 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 Contractor. With respect to computer files, Contractor shall make available to the City, at the Contractor’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. Contractor shall defend, indemnify, and hold harmless the City, its present and former officers, directors, employees, agents, staff, volunteers, mayor, council, boards, committees, and representatives, as broadly interpreted (collectively, the “Indemnified Parties”), of and from all claims, suits, demands, obligations, losses, damages, sums, or any other matters threatened or presently asserted, including but not limited to all legal fees, costs of defense and litigation expenses (including legal fees, expert fees and any other costs or fees, including those of adverse parties imposed on or sought against the Indemnified Parties), arising directly or indirectly out of any liability or claim of loss or liability for personal injury, bodily injury to persons, contractual liability, errors or omissions, breach, failure to perform, damage to or loss of property, or any other loss, damage, injury or other claim of any kind or nature arising out of the work to be performed by Contractor MONTCLAIR CITY COUNCIL MEETING – 06/01/2000 Page 70 of 195 Agreement No. 26–30
herein, caused by or arising out of the negligent acts or omissions, or intentional misconduct of Contractor, including its subcontractors, employees, agents, and other persons or entities performing work for Contractor.
(b) Contractual Indemnity. To the fullest extent permitted under California law, Contractor shall contractually indemnify, defend and hold harmless the Indemnified Parties from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, amounts for good faith settlement, or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees and costs), arising out of or related to, in whole or in part, the performance of this Agreement by Contractor or by any individual or entity for which Contractor is legally liable, including but not limited to Contractor’s officers, agents, representative, employees, independent contractors, subcontractors or affiliated or related entities and/or its or their employees, agents and representatives, caused by or arising out of all negligent acts or omissions, or intentional misconduct of Contractor, including its subcontractors, employees, agents and other persons or entities performing work for Contractor. Indemnification shall include any claim that Contractor, or Contractor’s employees or agents, are or may be considered and treated as employees of the City, or are entitled to any employee benefits from City including but not limited to those available under Public Employees Retirement Law. The obligation to indemnify, defend and hold harmless the Indemnified Parties shall apply to all liability as defined above regardless of whether the Indemnified Parties were or are alleged to have been negligent, except that it shall not apply to claims arising from the sole negligence or willful intentional misconduct of the Indemnified Parties. Contractor’s obligation to defend the Indemnified Parties is not contingent upon there being an acknowledgement of or determination of the merit of any claims, liability, demands, causes of action, suits, losses, expenses, errors, omissions and/or costs.
(c) Subcontractors and Indemnification. Contractor agrees to and shall obtain executed indemnity agreements in favor of the Indemnified Parties with provisions identical to those set forth from each and every Subcontractor, Sub consultant, or other person or entity involved by, for, with, or on behalf of Contractor in the performance of any aspect of this Agreement. In the event Contractor fails to obtain such indemnity obligations, Contractor shall be fully responsible for each and every Subcontractor, Subconsultant or other person or entity in terms of defense, indemnity and hold harmless obligations in favor of the Indemnified Parties as set forth above. This obligation to indemnify and defend the Indemnified Parties is binding on the successors, assigns, or heirs of Contractor and shall survive the full performance or termination of this Agreement. These indemnification provisions are independent of and shall not in any way be limited or superseded by the insurance requirements and insurance-related provisions of this Agreement.
(d) City Lost or Damaged Property – Theft. Contractor further agrees to pay or cause to be paid to the Indemnified Parties’ benefit, any and all damages, fines, penalties, and loss or theft of property of the City arising out of or related in any way to the negligent acts or omissions or intentional misconduct of Contractor or of Contractor’s officers, agents, representatives, employees, independent contractors, subcontractors or affiliated MONTCLAIR CITY COUNCIL MEETING – 06/01/2000 Page 71 of 195 Agreement No. 26–30
or related entities and/or its or their employees, agents and representatives, whether such actions, omissions to act, negligence or intentional conduct is or was authorized by this Agreement or not. City assumes no responsibility whatsoever for any property placed on the premises of City. Contractor further agrees to waive all rights of subrogation against the Indemnified Parties.
(e) Non-Waiver and Non-Exhaustion of City’s Further Rights and Remedies. No aspect of this provision shall in any way limit or effect the rights of the Indemnified Parties against the Contractor under the terms of this Agreement or otherwise. The indemnification provisions shall apply regardless of whether this Agreement is executed after Contractor begins the work and shall extend to claims arising after this Agreement is performed or terminated, including a dispute as to the termination of Contractor. The indemnity obligations of Contractor shall continue until it is determined by final judgment that the claim against the City and any Indemnified Parties is determined by final judgment and after exhaustion of any rights of appeal. Further, no aspect of this provision shall impact the City’s rights to contribution from Contractor, or for the City to dispute Contractor’s refusal to defend and indemnify City. (f) Limitations on Scope of Indemnity. Notwithstanding the foregoing, Contractor shall not be responsible for indemnification for claims or losses caused by the primary negligence or intentional wrongdoing of Indemnified Parties. Further, the indemnity provided shall be interpreted as broadly as permitted under California law and as to agreements between parties, and shall if required be reformed to be consistent with those laws to protect and save this provision for the protection of the Indemnified Parties. (g) The obligations of Contractor under this or any other provision of this Agreement shall not be limited by the provisions of any workers’ compensation act or similar act. The Contractor expressly waives any statutory immunity under such statutes or laws as to the Indemnified Parties. The Contractor’s indemnity obligation set forth in this Section 9 shall not be limited by the limits of any policies of insurance required or provided by the Contractor pursuant to this Agreement.
(h) The Contractor’s covenant under this Section 9 shall survive the expiration or termination of this Agreement.
10. INSURANCE
The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
(a) Types of Required Coverages
Without limiting the indemnity provisions of the Contract, the Contractor shall procure and maintain in full force and effect during the term of the Contract, the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so.
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(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 $20,000,000 per occurrence, and $25,000,000 in the aggregate.
(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 $10,000,000 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 $10,000,000 each claim. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusion that may potentially affect the work to be performed.
(b) Endorsements
Insurance policies shall not be in compliance if they include any limiting provision or endorsement. The insurance policies shall contain, or be endorsed to contain, the following provisions:
(1) Commercial General Liability
Additional Insured: The City, its elected officials, officers, employees, volunteers, boards, agents and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. Coverage for the additional insureds shall apply to the fullest extent permitted by law.
Additional Insured Endorsements shall not:
1. Be limited to “Ongoing Operations”
2. Exclude “Contractual Liability
3. Restrict coverage to the “Sole” liability of contractor
4. Exclude “Third-Party-Over Actions”
5. Contain any other exclusion contrary to the Agreement Additional Insured Endorsements shall be at least as broad as ISO Forms CG 20 10 11 85; or CG 20 and 10 and CG 2037.
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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. (d) Waiver of Subrogation
Required insurance coverages shall not prohibit Contractor from waiving the right of subrogation prior to a loss. Contractor shall waive all rights of subrogation against the indemnified parties and policies shall contain or be endorsed to contain such a provision. This provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer.
(e) Evidence of Insurance
All policies, endorsements, certificates, and/or binders shall be subject to approval by the City as to form and content. These requirements are subject to amendment or waiver only if so approved in writing by the City. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
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(f) Deductible or Self-Insured Retention
Any deductible or self-insured retention must be approved in writing by the City and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the Contractor or the City.
(g) Contractual Liability/Insurance Obligations
The coverage provided shall apply to the obligations assumed by the Contractor under the indemnity provisions of this Agreement. The insurance obligations under this Agreement shall be: (1) all the insurance coverage and/or limits carried by or available to the Contractor; or (2) the minimum insurance coverage requirements and/or limits shown in this Agreement; whichever is greater. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits, which are applicable to a given loss, shall be available to the City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of the Contractor under this Agreement.
(h) Failure to Maintain Coverage
Contractor agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City. The City shall have the right to withhold any payment due Contractor until Contractor has fully complied with the insurance provisions of this Contract. In addition, the City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may take out the necessary insurance and pay, at Contractor’s expense, the premium thereon.
In the event that the Contractor’s operations are suspended for failure to maintain required insurance coverage, the Contractor shall not be entitled to an extension of time for completion of the Work because of production lost during suspension. (i) Acceptability of Insurers
Each such policy shall be from a company or companies with a current A.M.
Best’s rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. Any other rating must be approved in writing in accordance with the City.
(j) Claims Made Policies
If coverage is written on a claims-made basis, the retroactive date on such insurance and all subsequent insurance shall coincide or precede the effective date of the initial Contractor’s Agreement with the City and continuous coverage shall be maintained or an extended reporting period shall be exercised for a period of at least five (5) years from termination or expiration of this Agreement.
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(k) Insurance for Subcontractors
Contractor shall be responsible for causing Subcontractors to purchase the same types and limits of insurance in compliance with the terms of this Agreement, including adding the City as an Additional Insured, providing Primary and NonContributory coverage and Waiver of Subrogation to the Subcontractors’ policies. The Commercial General Liability Additional Insured Endorsement shall be on a form at least as board as CG 20 38 04 13.
11. INDEPENDENT CONTRACTOR
(a) Contractor 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 Contractor shall at all times be under Contractor’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 Contractor or any of Contractor’s officers, employees, or agents, except as set forth in this Agreement. Contractor 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. Contractor shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Contractor shall be solely responsible and hold the City harmless for all matters relating to the payment of Contractor’s employees, including compliance with Social Security withholdings and all other regulations governing such matters. (b) No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder.
12. LEGAL RESPONSIBILITIES
The Contractor 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 Contractor shall at all times observe and comply with all such laws and regulations, including compliance with CAL/OSHA requirements as may be applicable. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this Section.
13. UNDUE INFLUENCE
Contractor 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 MONTCLAIR CITY COUNCIL MEETING – 06/01/2000 Page 76 of 195 Agreement No. 26–30
Contractor, or from any officer, employee or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.
Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.
14. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the project performed under this Agreement.
15. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a) All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor without City’s prior written authorization. Contractor, its officers, employees, agents, or subcontractors, 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 Contractor gives City notice of such court order or subpoena.
(b) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors 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 Contractor and/or be present at any deposition, hearing, or similar proceeding.
Contractor agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Contractor. 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) Contractor 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. Contractor covenants that neither he/she nor any office 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. Contractor 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 subcontractor. Contractor further covenants that Contractor 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 MONTCLAIR CITY COUNCIL MEETING – 06/01/2000 Page 77 of 195 Agreement No. 26–30
agrees that Contractor and/or its subcontractors 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, Contractor 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 Contractor. The Contractor’s covenant under this Section shall survive the termination of this Agreement.
16. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:
To City: City of Montclair
Attn: Public Works Director
5111 Benito Street
Montclair, CA 91763
To Contractor: West Coast Arborists
Attn: Patrick Mahoney
2200 E. Via Burton
Anaheim, CA 92806
17. ASSIGNMENT AND SUBCONTRACTING
The Contractor shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, nor any monies due hereunder, without prior written consent of the City. The City’s consent to an assignment of rights under this Agreement shall not release the Contractor from any of its obligations or alter any of its obligations to be performed under this Agreement. Any attempt at assignment or delegation by the Contractor in violation of this Section 17 shall be void and of no legal effect and shall constitute grounds to terminate this Agreement for cause. The Contractor shall not subcontract any performance required under this Agreement without the City’s prior written consent.
18. LICENSES
At all times during the term of this Agreement, Contractor 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.
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19. 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.
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 Not applicable.
22. CONFIDENTIALITY
Information and materials obtained by the Contractor from City during the performance of this Agreement shall be treated as strictly confidential and shall not be used by the Contractor for any purpose other than the performance of this Agreement.
Contractor’s covenant under this Section shall survive the expiration or termination of this Agreement.
23. DISCRIMINATION
The Contractor agrees that no person shall be excluded from employment in the performance of this Agreement on grounds of race, creed, color, sex, age, marital status, or place of national origin. In this connection, the Contractor agrees to comply with all County, State and Federal laws relating to equal employment opportunity rights.
24. EFFECT OF PARTIAL INVALIDITY
If any term or provision of this Agreement shall be held invalid or unenforceable, the remainder of this Agreement and any application of the terms shall remain valid and enforceable under this Agreement or California law.
25. CLAIMS AGAINST CITY
Contractor must comply with the claim procedures set forth in Government Code sections 900, et. seq., and/or Montclair Municipal Code, Chapter 1.16, as applicable, prior to filing any lawsuit against the City. Such claims and any subsequent lawsuit based upon the claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.
MONTCLAIR CITY COUNCIL MEETING – 06/01/2000 Page 79 of 195 Agreement No. 26–30
26. EXHIBITS; PRECEDENCE
All documents reference as exhibits in this Agreement are hereby incorporated into this Agreement by this reference. In the event of any inconsistency between the express provisions of this Agreement and any provision of an exhibit, the provisions of this Agreement, then the City’s request for proposals, if any, shall prevail.
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 Contractor warrants and represents that he/she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor 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.
[Signatures on Following Page]
MONTCLAIR CITY COUNCIL MEETING – 06/01/2000 Page 80 of 195 Agreement No. 26–30
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY
City of Montclair
CONTRACTOR
West Coast Arborists, Inc.
A Municipal Corporation A California Corporation
By: By:
Javier John Dutrey, Mayor Patrick Mahoney, President
Date: Date:
Attest:
By: By:
Andrea M. Myrick, City Clerk Victor Gonzalez, V.P., Marketing Date: Date:
Approved as to Form:
By:
Diane E. Robbins, City Attorney
Date:
MONTCLAIR CITY COUNCIL MEETING – 06/01/2000 Page 81 of 195 Agreement No. 26–30
EXHIBIT A
A. Scope of Work
The work shall consist of furnishing all materials, labor, equipment, and incidentals necessary for pruning and removal of street and park trees in accordance with the Contractor's request for proposals.
1. WORKING HOURS: All work shall be performed between the hours of 7:00 a.m. and 5:00 p.m. weekdays. No weekend or holiday work shall be permitted unless authorized by the Public Works Superintendent.
2. PUBLIC SAFETY AND COOPERATION: All work shall be conducted in such a manner as to cause the least possible interference with, or annoyance to others and maintain safe conditions at all times while work operation are in progress.
3. INSPECTION BY THE CITY: The City shall inspect all work performed under this contract for compliance to the specifications and report any deficiencies to the Contractor.
4. DAMAGE TO PROPERTY: The Contractor shall not damage any public or private property as a result of the work specified. Any damage resulting from the Contractor's work shall be repaired, restored or replaced in kind within twenty–four (24) hours.
5. CERTIFIED ARBORIST: The Contractor shall employ a full–time, permanent Certified Arborist, as accredited by the International Society of Arboriculture at the time of proposal submittal, bid award and for the duration of the Agreement.
The Certified Arborist shall be responsible for the Contractor's employees performing the work as specified herein, daily inspections of the worksite, and supervision of the Contractor's employees. The Certified Arborist shall represent the Contractor regarding any disputes that may arise with the City, public, and the Contractor's employees.
6. WORKMANSHIP: All work shall be completed in a timely and workmanlike manner. The Contractor shall provide qualified tree workers trained according to the tree care standards accepted by the International Society of Arboriculture and the National Arborists Association.
All work shall be performed in a safe manner in compliance with the American National Safety Institute, Z133.1 Safety Standards for Tree Care Operations, as published by American National Safety Institute, Inc., 1430 Broadway, New York, New York 10018.
MONTCLAIR CITY COUNCIL MEETING – 06/01/2000 Page 82 of 195 Agreement No. 26–30
The Contractor shall provide qualified tree workers certified to perform tree work near energized primary and secondary electrical distribution lines. The Contractor shall comply with the Electrical Safety Orders issued by the State of California Occupational Health and Safety Administration (Cal/OSHA) including all amendments and revisions.
7. MEASUREMENT AND PAYMENT: The unit prices called for in the Agreement shall be full compensation for all labor, materials, and equipment necessary to complete the work as specified
No further compensation shall be made unless authorized by the Public Works Superintendent or his designated representative.
8. NOTIFICATION TO RESIDENTS: The Contractor shall notify all affected residents and businesses of tree pruning and removal operations twenty– four (24) hours before the start of work. The Contractor is responsible for posting "Temporary No Parking" signs at least twenty–four (24) hours before using any parking lanes for tree trimming operations. Every effort shall be made by the Contractor to minimize the duration of driveway blocking.
Further, the Contractor shall provide access to each residential or commercial establishment each evening.
9. TRAFFIC AND SAFETY REQUIREMENTS: Any contractor performing work in a public right–of–way or parks shall conduct the operations so as to cause the least possible obstruction and inconvenience to public traffic and pedestrians and take all necessary measures to maintain an adequate traffic flow to prevent accidents and to protect the worksite.
All traffic controls shall be in accordance with the Manual of Traffic Controls for Construction and Maintenance Work Zones published by State of California, Department of Transportation. All traffic devices, safety lights, and flagmen shall be provided by the Contractor.
The Contractor shall receive approval from the Public Works Superintendent prior to the partial or complete closure of any lanes, streets, or intersections.
B. Complete Tree Pruning Specifications
All trees shall be pruned only in such a manner as to maintain the natural structure, form, health, and appearance of the tree species. Tree pruning shall consist of the total removal of those dead and living branches that might compromise the health, strength, and natural form of the tree. Specifically, mature trees shall be pruned in such a manner as to:
1. Prevent branch and foliage interference with the requirements of safe public passage. Over residential streets, limbs shall be maintained gradually from eight (8) feet at the curb to seventeen (17) feet over traffic lanes. Over MONTCLAIR CITY COUNCIL MEETING – 06/01/2000 Page 83 of 195 Agreement No. 26–30
arterial streets, limbs shall be maintained at a maximum height of fourteen (14) feet from grade to wood.
Over sidewalks, limbs shall be maintained at a height of seven (7) feet from the grade to wood.
2. Remove all dead and dying branched and branch stubs that are ½ inch or larger.
3. Remove all broken or loose branches.
4. Remove any live branches that interfere with the tree's structural strength and healthful development, which will include the following:
Limbs that rub and abrade a more important branch.
Limbs of weak structure that are not important to the framework of the tree.
Limbs that, if allowed to grow, would wedge apart the junction of more important branches.
Branches near the end of a limb that will produce more weight or offer more resistance to wind that the limb are able to support. Undesirable sucker and water sprout growth giving specific attention not to nick or damage the sprout "burl."
Selective removal of one or more developing leaders where multiple branch growth exists near the end of broken or stubbed limbs. Selective removal of limbs obstructing buildings or other structures, streetlights or traffic signs.
5. Cut back ends of branches and reduce weight where excessive overburden appears likely to result in breakage of supporting limbs.
6. On mature trees only, clear water sprout or sucker growth to a minimum height of eight (8) feet above ground level.
7. Maintain a balanced appearance when viewed from the opposite side of the street immediately opposite the tree.
8. Remove all vines entwined in trees and on tree trunks. Vine tendrils shall be removed without injury to the trees.
9. Clear all branches and foliage within four (4) to six (6) feet of primary electrical lines.
MONTCLAIR CITY COUNCIL MEETING – 06/01/2000 Page 84 of 195 Agreement No. 26–30
10. When pruning cuts are made to a side limb, the remaining limb shall possess a basal thickness of at least one third the diameter of the cut. Such cuts shall be considered proper only when the remaining limb is vigorous enough to maintain adequate foliage to produce wood growth capable of callusing the pruning cut within a reasonable amount of time.
11. All final pruning cuts shall be made in such a manner so as to favor the earliest possible covering of the wound by natural callus growth. Flush cuts shall be made and the branch collar shall not be removed.
12. Tree limbs shall be removed and controlled in such a manner as to cause no damage to other parts of the tree, or to other plants or property.
13. All tools used on a tree known to contain an infectious tree disease shall be properly disinfected immediately before and after completing work on the tree. All significant pest, disease or structural weakness or defects observed by the Contractor while performing this work shall be promptly reported to the City.
14. All pruning tools and saws used for tree pruning shall be kept sharpened at all times to result in final cut with a nonabrasive wood surface and secure bark. All trees six (6) inches in diameter (DBH) or less shall be pruned with hand tools only. Chain saws will not be permitted on any trees with six (6) inches or less (DBH).
15. Whenever pruning cuts are made, while removing limbs too large to hold securely in one hand during the curing operation, the limb shall be cut off first, one (1) to two (2) feet beyond the intended final cut. Then the final cut shall be made in a manner to prevent the tearing of bark and wood.
16. Live, healthy limbs with a diameter of three (3) inches or greater shall not be removed without prior approval from the Public Works Superintendent.
17. No more than twenty (20) percent of live wood may be removed from the crown of any tree. The exception to this is Live Oaks, which are limited to no more than ten (10) percent.
18. Any extraneous metal, wire, rubber or other material interfering with the natural growth of the tree shall be removed.
19. The use of climbing spurs or spike shoes is strictly prohibited except in the case of aerial rescue.
20. All pruning shall be performed in such a manner as to encourage and promote the natural growth and shape of the tree species. The Contractor shall not perform any of the following procedures:
MONTCLAIR CITY COUNCIL MEETING – 06/01/2000 Page 85 of 195 Agreement No. 26–30
The severe cutting back of growing tips including topping, dehorning, heading back, pollarding, hat racking.
Flush cutting where a cut is made even with the surface with the trunk or limb, removing the branch collar and branch bark ridge. Stub cutting where branch removal results in the base of the branch removed protruding more than approximately one–quarter inch beyond the zone of the branch collar and branch bark ridge. Removal of all the inner branches and foliage also known as lion tailing.
C. Removals
Removals of trees shall be completed in the safest and most efficient manner possible while providing minimal inconvenience to the resident. Removals shall include the total removal of all brush, surface roots, and stumps.
Stumps may be removed in whole by digging out each individual stump or by grinding the stump to a minimum of twelve (12) inches below the top of the curb. In each instance, the areas shall be backfilled and graded to conform to the surrounding area. Whenever a tree is removed, the Contractor is responsible for notifying Dig Alert at 1 (800) 227–2600, two (2) days before digging. Stumps must be removed within two (2) days of the date that the tree is removed.
D. Disposal of Tree Branches, Brush, and Stumps
All tree branches, brush, and stumps produced as a result of the Contractor's operations shall be reduced, reused, recycled, and/or transformed whenever possible.
1. Reducing will include, but not limited to, chipping, grinding, and/or shredding.
Disposal at a landfill is acceptable only if the material is accepted by the landfill for use as alternate daily cover.
2. Reusing shall include, but not limited to, using chipped, ground, and/or shredded tree materials as mulch.
3. Recycling shall include, but not limited to, chipped, ground, or shredded tree material used to produce compost utilizing either a low or high technology.
4. Transformation will include, but not limited to, burning green waste, such as tree wood chips, for the purpose of producing energy.
Worksites shall be cleaned on a daily basis with no limbs, brush or debris left overnight.
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EXHIBIT B
All of the work and services to be performed pursuant to this Agreement shall be performed in a good and workmanlike manner. Contractor shall pay prevailing wages in accordance with the laws of the State of California. Payment for work completed will be based on the following schedule:
Description Unit
Description
Rate
2026/27 2027/28 2028/29
Tree Pruning Each $78.00 $78.00 $80.30
Palm Tree Pruning Each $80.00 $80.00 $82.40
Tree and Stump Removal Diameter inch $43.00 $43.00 $44.30 Stump only removal Diameter inch $19.00 $19.00 $19.55
Planting 15-gallon w/out RB Each $195.00 $195.00 $200.85 Planting 24-inch box w/out
RB Each $395.00 $395.00 $406.85
Specialty Planting 15-gal
w/out RB Each $220.00 $220.00 $226.60
Specialty Planting 24” Box
w/out RB Each $420.00 $420.00 $432.60
Root Pruning Each (foot) $33.00 $33.00 $34.00
Crew rental, aerial unit,
dump truck, and chipper Man Hour $100.00 $100.00 $103.00 Emergency work call out Man Hour $125.00 $125.00 $128.75 Payment will be made on the 15th day of each and every calendar month during the term of this Agreement, which will be paid to the Contractor for all work and services to be performed pursuant to the Agreement.
Payment of additional services requested, in writing, by City and not included in the Scope of Services as set forth in this Agreement, shall be negotiated on an item–by– item basis. Any additional services cost will include labor, equipment, overhead, and profit.
Any and all work done under this Section of this Agreement will be with prior written approval from the CITY. If prior written approval is not obtained by the CONTRACTOR, no payment will be approved. Charges for additional services shall be invoiced on a monthly basis and shall be paid by the CITY within a reasonable time after said invoices are received by the CITY.
MONTCLAIR CITY COUNCIL MEETING – 06/01/2000 Page 87 of 195
CITY COUNCIL
AGENDA REPORT
DATE: JUNE 1, 2026
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 4
FILE I.D.: PDT205
DEPT.: POLICE
PREPARER: R. DOMINGUEZ
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 26–31 WITH ALL CITY MANAGEMENT SERVICES, INC. TO PROVIDE SCHOOL CROSSING GUARD SERVICES FOR FISCAL YEAR 2026–27, SUBJECT TO ANY REVISIONS DEEMED NECESSARY BY THE CITY ATTORNEY REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 26–31 with All City Management Services, Inc. to provide school crossing guard services for Fiscal Year 2026–27.
Proposed Agreement No. 26–31 is attached for City Council review and consideration.
BACKGROUND: All City Management Services, Inc. has provided school crossing guard services for the City since November 1998. The company recently notified Police Department staff that its hourly rate for crossing guard services will increase for Fiscal Year 2026–27. The adjustment would increase the current hourly rate by $1.73, resulting in an hourly billing rate of $36.20.
All City Management Services, Inc. has indicated that, in order to maintain its workforce, it must maintain a buffer between the state–mandated minimum wage and its own wage rates. The company must also provide wages that would allow it to effectively compete against other part–time employers for recruitment and retention of crossing guards.
FISCAL IMPACT: With the rate increase, All City Management Services, Inc. has calculated the estimated annual program cost to be $256,340 for crossing guard services for the 2026–27 school year, which is included in the Police Department’s preliminary Fiscal Year 2026–27 Budget.
RECOMMENDATION: Staff recommends the City Council approve Agreement No. 26–31 with All City Management Services, Inc. to provide school crossing guard services for Fiscal Year 2026–27, subject to any revisions deemed necessary by the City Attorney.
MONTCLAIR CITY COUNCIL MEETING – 06/01/2000 Page 88 of 195
AGREEMENT FOR CROSSING GUARD SERVICES
This AGREEMENT FOR CROSSING GUARD SERVICES (the “Agreement”) is dated May 12, 2026, and is between the CITY OF MONTCLAIR (hereinafter called the "Principal"), and ALL CITY MANAGEMENT SERVICES, INC., a California corporation (hereinafter called the "Contractor").
WITNESSETH
The parties hereto have mutually covenanted and agreed as follows:
1. This Agreement is for an initial term which commences on or about July 1, 2026, and ends on June 30, 2027 (the “Initial Term”). Thereafter, the term of this Agreement shall renew automatically on the termination date of this Agreement for up to two (2) additional, successive one (1) year periods (each, a “Renewal Term” and, together with the Initial Term, the “Term") unless either party provides the other party with no less than thirty (30) days’ written notice to the other party prior to the end of the Initial Term or the Renewal Term, as applicable, in which case this Agreement shall terminate on the expiration date of the Initial Term, or the then-current Renewal Term, as the case may be.
2. The Contractor will provide personnel equipped and trained in appropriate procedures for crossing pedestrians in marked crosswalks. Such personnel shall be herein referred to as a “Crossing Guard”.
The Contractor will perform criminal background checks and confirm employment eligibility through E-Verify on all prospective personnel. The Contractor is an independent contractor and the Crossing Guards to be furnished by it shall at all times be its employees and not those of the Principal.
3. The Principal shall designate a representative to serve as its point of contact for dealing with Contractor with respect to this Agreement.
4. The Principal shall determine the locations where Crossing Guards shall be furnished by the Contractor.
The Contractor shall provide at each designated location personnel properly trained as herein specified for the performance of duties as a Crossing Guard. The Contractor shall provide supervisory personnel to see that Crossing Guard activities are taking place at the required places and times, and in accordance with the terms of this Agreement.
5. The Contractor shall maintain adequate reserve personnel to be able to furnish alternate Crossing Guards in the event that any person fails to report for work at the assigned time and location and agrees to provide immediate replacement.
6. In the performance of its duties the Contractor and all employees of the Contractor shall conduct themselves in accordance with the conditions of this Agreement and all applicable laws of the state in which the Services are to be performed.
7. Persons provided by the Contractor as Crossing Guards shall be trained in all applicable laws of the Agreement No. 26-31
MONTCLAIR CITY COUNCIL MEETING – 06/01/2000 Page 89 of 195 state in which the Services are to be performed pertaining to general pedestrian safety in school crossing areas.
8. Crossing Guard Services (the “Services”) shall be provided by the Contractor at the designated locations on all days in which school is in session in the area under Principal’s jurisdiction. The Contractor also agrees to maintain communication with the designated schools to maintain proper scheduling.
9. The Contractor shall provide all Crossing Guards with apparel by which they are readily visible and easily recognized as Crossing Guards. Such apparel shall be uniform for all persons performing the duties of Crossing Guards and shall be worn at all times while performing said duties. This apparel must be appropriate for weather conditions. The Contractor shall also provide all Crossing Guards with hand held Stop signs and any other safety equipment which may be necessary.
10. The Contractor shall at all times provide workers' compensation insurance covering its employees and shall provide and maintain liability insurance for Crossing Guard activities. The Contractor will provide to the Principal a Certificate of Insurance naming the Principal and its officials, officers and employees as additional insureds. Such insurance shall include commercial general liability with a combined single limit of not less than $1,000,000.00 per occurrence and in aggregate for property damage and bodily injury. Such insurance shall be primary with respect to any insurance maintained by the Principal and shall not call on the Principal's insurance contributions. Such insurance shall be endorsed for contractual liability and personal injury and shall include the Principal, its officers, agents and interest of the Principal. Such insurance shall not be canceled, reduced in coverage or limits or non-renewed except after thirty (30) days written notice has been given to the Principal.
11. Contractor agrees to defend, indemnify and hold harmless the Principal, its officers, employees, agents and representatives, from and against any and all actions, claims for damages to persons or property, penalties, obligations or liabilities (each a “Claim” and collectively, the “Claims”) that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the sole negligent acts or omissions, or willful misconduct, of Contractor, its agents, employees, subcontractors, representatives or invitees.
a) 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 attorney's fees incurred in connection herewith.
b) In the event the Principal, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the sole negligence of Contractor hereunder, Contractor agrees to pay Principal, its officers, agents, or employees, any and all costs and expenses incurred by the Principal, its officers agents or employees in such action or proceeding, including, but not limited to, reasonable attorney's fees.
c) In the event that a court determines that liability for any Claim was caused or contributed to by the negligent act or omission or the willful misconduct of Principal, liability will be apportioned between Contractor and Principal based upon the parties’ respective degrees of culpability, as determined by the court, and Contractor’s duty to indemnify Principal will be limited accordingly.
MONTCLAIR CITY COUNCIL MEETING – 06/01/2000 Page 90 of 195
d) Notwithstanding anything to the contrary contained herein, Contractor’s indemnification obligation to Principal for Claims under this Agreement will be limited to the maximum combined aggregate of Contractor’s general liability and umbrella insurance policies in the amount of $6,000,000 (Six Million Dollars).
12. Either party shall have the right to terminate this Agreement by giving sixty (60) days written notice to the other party.
13. The Contractor shall not have the right to assign this Agreement to any other person or entity except with the prior written consent of the Principal.
14. The Principal agrees to pay the Contractor for the Services rendered pursuant to this Agreement the sum of thirty-six dollars and twenty cents ($36.20) per hour, per Crossing Guard during the Initial Term. It is understood that the cost for providing seven thousand eighty-two (7,082) hours of service shall not exceed two hundred fifty-six thousand three hundred forty dollars ($256,340.00). For automatic renewals no less than (60) days before the expiration of the Initial Term, or the Renewal Term, as applicable, Contractor will notify Principal of its proposed hourly rate for the following 12- month period, which will be deemed accepted by Principal unless Principal notifies Contractor of its disagreement therewith, or its intent not to renew the Agreement, in writing, no less than thirty (30) days prior to the end of the Initial Term or the Renewal Term, as applicable. If Principal disagrees with Contractor’s proposed new hourly rate, but still wishes to renew the Agreement the parties will negotiate in good faith to reach mutual agreement on, and confirm in writing, the new hourly rate for the following 12-month period, prior to the expiration of the Initial Term or the Renewal Term, as the case may be.
15. Payment is due within thirty (30) days of receipt of Contractor’s properly prepared invoice.
16. Contractor may request a price increase during the term as a result of any legally-mandated increases in wages or benefits imposed in the state or municipality in which the Services are to be performed and to which Contractor’s employees would be subject. Contractor shall provide Principal with 60 days-notice of its request to increase pricing. Principal agrees to review and respond to said notice within 30 days of receipt.
17. This Agreement constitutes the complete and exclusive statement of the agreement among the parties with respect to the subject matter hereof and supersedes all prior written or oral statements among the parties, including any prior statements, warranties, or representations. This Agreement is binding upon and will inure to the benefit of the parties hereto and their respective heirs, administrators, executors, successors, and assigns. Each party hereto agrees that this Agreement will be governed by the law of the state in which the Services are to be performed, without regard to its conflicts of law provisions.
Any amendments, modifications, or alterations to this Agreement must be in writing and signed by all parties. There will be no presumption against any party on the ground that such party was responsible for preparing this Agreement or any part of it. Each provision of this Agreement is severable from the other provisions. If any provision of this Agreement is declared invalid or contrary to existing law, the inoperability of that provision will have no effect on the remaining provisions of the Agreement which will continue in full force and effect.
[SIGNATURES FOLLOW ON NEXT PAGE]
MONTCLAIR CITY COUNCIL MEETING – 06/01/2000 Page 91 of 195
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year written below.
PRINCIPAL CONTRACTOR
City of Montclair All City Management Services, Inc.
By_____________________________ By______________________________ Signature
_____________________________ _____________________________ Print Name and Title Print Name and Title
Date____________________________ Date____________________________ MONTCLAIR CITY COUNCIL MEETING – 06/01/2000 Page 92 of 195
CITY COUNCIL
AGENDA REPORT
DATE: JUNE 1, 2026
SECTION: CONSENT - RESOLUTIONS
ITEM NO.: 1
FILE I.D.: CCK140
DEPT.: ADMIN. SVCS.
PREPARER: A. MYRICK
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 26–3515 CALLING AND GIVING NOTICE
OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2026, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY
THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATED TO
GENERAL LAW CITIES
CONSIDER ADOPTION OF RESOLUTION NO. 26–3516 ADOPTING THE REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES’ STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2026
CONSIDER ADOPTION OF RESOLUTION NO. 26–3517 REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF SAN BERNARDINO TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2026, WITH THE
STATEWIDE GENERAL ELECTION TO BE HELD ON THE SAME DATE PURSUANT TO SECTION 10403 OF THE CALIFORNIA ELECTIONS CODE
REASON FOR CONSIDERATION: Provisions of the laws related to general law cities in the State of California require the governing body to call and give notice of a General Municipal Election and to adopt regulations for Candidates’ Statements. In addition, pursuant to the requirements of Section 10403 of the Elections Code, it is also necessary for the governing body to request the County Board of Supervisors to consolidate a General Municipal Election with the Presidential General Election and to authorize payment to the County for services rendered related to consolidation of this election.
Copies of proposed Resolution Nos. 26–3515, 26–3516, and 26–3517 are attached for City Council review and consideration.
BACKGROUND: Proposed Resolution No. 26–3515 formally calls for a General Municipal Election to be held on Tuesday, November 3, 2026, for the election of one Mayor and two Members of the City Council. The Mayoral seat now held by Javier John Dutrey and City Council seats now held by Bill Ruh and Corysa Martinez are the seats to be filled at this election.
Proposed Resolution No. 26–3516 provides that each candidate may prepare a Candidate’s Statement of 200 words or fewer for inclusion in the County’s Voter Information Guide. The Candidate’s Statement shall be filed with the candidate’s Nomination Papers and may be withdrawn, but not changed, during the filing period and until 5:00 p.m. of the next working day after the close of the filing period. The San Bernardino County Registrar of Voters will provide a cost estimate of the Candidate’s Statement to be paid by the candidate to the City of Montclair as a deposit. The amount covers the cost of printing the Candidate’s Statement in the Voter Information Guide and includes the cost of the statement being translated into Spanish as required by the Voting Rights Act of 1965, as amended.
MONTCLAIR CITY COUNCIL MEETING – 06/01/2000 Page 93 of 195 Proposed Resolution No. 26–3517 requests that the Board of Supervisors of the County of San Bernardino consent and agree to consolidation of a General Municipal Election with the Statewide General Election to be held on Tuesday, November 3, 2026. The County is expected to bill the City for actual costs related to conducting the City’s General Municipal Election by March of 2027.
FISCAL IMPACT: The San Bernardino County Registrar of Voters is not able to provide a cost estimate for election services for the November election at this time. Based on 2024 election costs, staff estimates the cost for election services will be $35,000, which was requested in the City Clerk’s Fiscal Year 2026–27 Budget request.
RECOMMENDATION: Staff recommends the City Council take the following actions:
1. Adopt Resolution No. 26–3515 calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 3, 2026, for the election of certain officers as required by the provision of the laws of the State of California related to General Law cities.
2. Adopt Resolution No. 26–3516 adopting regulations for candidates for elective office pertaining to Candidates’ Statements submitted to the voters at the election to be held on Tuesday, November 3, 2026.
3. Adopt Resolution No. 26–3517 requesting the Board of Supervisors of the County of San Bernardino to consolidate a General Municipal Election to be held on Tuesday, November 3, 2026, with the Statewide General Election to be held on the same date pursuant to Section 10403 of the California Elections Code.
MONTCLAIR CITY COUNCIL MEETING – 06/01/2000 Page 94 of 195 Resolution No. 26–3515 Page 1 of 1
RESOLUTION NO. 26–3515
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MONTCLAIR, CALIFORNIA, CALLING AND GIVING NOTICE OF
THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE
HELD ON TUESDAY, NOVEMBER 3, 2026, FOR THE ELECTION
OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS
OF THE LAWS OF THE STATE OF CALIFORNIA RELATED TO
GENERAL LAW CITIES
WHEREAS, under the provisions of the laws related to General Law cities in the State of California, a General Municipal Election shall be held on Tuesday, November 3, 2026, for the election of Municipal Officers.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Montclair, California, does hereby declare, determine, and order as follows:
Section 1. That pursuant to the requirements of the laws of the State of California related to General Law cities, there is called and ordered to be held in the City of Montclair, California, on Tuesday, November 3, 2026, a General Municipal Election for the purpose of electing one Mayor and two Members of the City Council for full terms of four years each.
Section 2. That the ballots to be used at the election shall be in form and content as required by law.
Section 3. That the City Clerk is authorized, instructed, and directed to procure and furnish any and all official ballots; notices; printed matter; and all supplies, equipment, and paraphernalia that may be necessary in order to properly and lawfully conduct the election.
Section 4. That the polls for the election shall be open at 7:00 a.m. of the day of the election and shall remain open continuously from that time until 8:00 p.m. of the same date when the polls shall be closed, except as provided in Section 14401 of the Elections Code of the State of California.
Section 5. That in all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections.
Section 6. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election in time, form, and manner as required by law.
Section 7. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
APPROVED AND ADOPTED this XX day of XX, 2026.
Mayor
ATTEST:
City Clerk
I, Andrea M. Myrick, City Clerk of the City of Montclair, DO HEREBY CERTIFY that Resolution No. 26–3515 was duly adopted by the City Council of said city and was approved by the Mayor of said city at a regular meeting of said City Council held on the XX day of XX, 2026, and that it was adopted by the following vote, to–wit:
AYES: XX
NOES: XX
ABSTAIN: XX
ABSENT: XX
Andrea M. Myrick
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 06/01/2000 Page 95 of 195 Resolution No. 26–3516 Page 1 of 2
RESOLUTION NO. 26–3516
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MONTCLAIR, CALIFORNIA, ADOPTING REGULATIONS
FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING
TO CANDIDATES’ STATEMENTS SUBMITTED TO THE
VOTERS AT AN ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 3, 2026
WHEREAS, Section 13307 of the Elections Code of the State of California provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election including cost of the Candidate’s Statement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Montclair, California, does hereby declare, determine, and order as follows:
Section 1. GENERAL PROVISIONS. Pursuant to Section 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at a General Municipal Election to be held in the City of Montclair on Tuesday, November 3, 2026, may prepare a Candidate’s Statement on an appropriate form provided by the City Clerk. The Statement may include the name, age, and occupation of the candidate and a brief description of no more than 200 words of the candidate’s education and qualifications expressed by the candidate himself or herself. The Statement shall not include party affiliation of the candidate nor membership or activity in partisan political organizations. The Statement shall be filed in the Office of the City Clerk at the time the candidate’s Nomination Papers are filed. The Statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.
Section 2. FOREIGN LANGUAGE POLICY.
A. Pursuant to the Federal Voting Rights Act of 1965, as amended, Candidates’ Statements will be translated into all languages required by the County of San Bernardino. For this election, the County of San Bernardino, Office of the Registrar of Voters (“County”) is required to translate the City of Montclair’s Candidates’ Statements into Spanish.
B. The County will print and mail Voter Information Guides containing the Candidates’ Statements to all voters in the City of Montclair or the County will mail separate Voter Information Guides and Candidates’ Statements in the City of Montclair to only those voters who are on the County voter file as having requested a Voter Information Guide in a particular language. The County will make the Voter Information Guides and Candidates’ Statements available in the required languages at all polling places, on the County’s website, and in the Election Official’s office.
Section 3. PAYMENT.
A. The candidate shall be required to pay for the cost of printing the Candidate’s Statement in English.
B. The candidate shall be required to pay for the cost of translating the Candidate’s Statement into Spanish pursuant to State and/or Federal law.
C. The candidate shall be required to pay for the cost of printing the Candidate’s Statement in Spanish.
D. The County will provide an estimate for the total cost of printing, handling, translating, and mailing of each Candidate’s Statement filed pursuant to the Elections Code, including costs incurred as a result of complying with the Voting Rights Act of 1965, as amended. The City Clerk shall require each candidate filing a Candidate’s Statement to pay in advance the amount estimated by the County for his or her estimated pro–rata share as a condition of having his or her Candidate’s Statement included in the Voter Information Guide. The estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the City Clerk is not bound by the estimate and, within 30 days after receiving the invoice from the County, shall either bill each candidate for any cost in excess of the deposit or shall refund any unused portion of the deposit.
MONTCLAIR CITY COUNCIL MEETING – 06/01/2000 Page 96 of 195 Resolution No. 26–3516 Page 2 of 2
Section 4. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the sample ballot package.
Section 5. MISCELLANEOUS.
A. All translations shall be provided by professionally–certified translators.
B. The City Clerk, as the Elections Official, shall have the authority to make formatting corrections or to strike any language not in compliance with the Elections Code. Candidates’ Statements will be printed as submitted in type of uniform size and darkness, and with uniform spacing. Spelling, punctuation, and grammatical errors will not be corrected by the Elections Official. Statements should be typed in upper– and lowercase (not all “CAPS”), single–spaced, in block paragraph form with no indentations.
C. The City Clerk shall comply with all recommendations and standards set forth by the California Secretary of State regarding occupational designations and other matters relating to elections.
Section 6. The City Clerk shall provide each candidate or the candidate’s representative a copy of this Resolution at the time nomination papers are issued.
Section 7. All previous Resolutions establishing City Council policy on payment for Candidates’ Statements are repealed.
Section 8. This Resolution shall apply only to the election to be held in the City of Montclair on Tuesday, November 3, 2026, and shall then be repealed.
Section 9. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
APPROVED AND ADOPTED this XX day of XX, 2026.
Mayor
ATTEST:
City Clerk
I, Andrea M. Myrick, City Clerk of the City of Montclair, DO HEREBY CERTIFY that Resolution No. 26–3516 was duly adopted by the City Council of said city and was approved by the Mayor of said city at a regular meeting of said City Council held on the XX day of XX, 2026, and that it was adopted by the following vote, to–wit:
AYES: XX
NOES: XX
ABSTAIN: XX
ABSENT: XX
Andrea M. Myrick
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 06/01/2000 Page 97 of 195 Resolution No. 26–3517 Page 1 of 2
RESOLUTION NO. 26–3517
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MONTCLAIR, CALIFORNIA, REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF SAN BERNARDINO
TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION
TO BE HELD ON TUESDAY, NOVEMBER 3, 2026, WITH
THE STATEWIDE GENERAL ELECTION TO BE HELD ON
THE SAME DATE PURSUANT TO SECTION 10403 OF THE
CALIFORNIA ELECTIONS CODE
WHEREAS, the City Council of the City of Montclair, California, called a General Municipal Election to be held on Tuesday, November 3, 2026, for the purpose of electing one Mayor for the full term of four years and two Members of the City Council for the full terms of four years each; and
WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date and that within the City the precincts, polling places, and election officers of the two elections be the same and that the San Bernardino County Registrar of Voters Office canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Montclair, California, does hereby declare, determine, and order as follows:
Section 1. That pursuant to the requirements of Section 10403 of the California Elections Code, the Board of Supervisors of the County of San Bernardino is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election to be held on Tuesday, November 3, 2026, for the purpose of electing one Mayor and two Members of the City Council.
Section 2. That the San Bernardino County Registrar of Voters Office is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used.
Section 3. That the Board of Supervisors is requested to issue instructions to the Registrar of Voters’ Office to take any and all steps necessary for the holding of the consolidated election.
Section 4. That the City of Montclair recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any such costs.
Section 5. That in the event of a tie vote (if any two or more persons receive an equal and the highest number of votes for an office) as certified by the County of San Bernardino Registrar of Voters, the City Council, in accordance with Election Code Section 15651(a), shall set a date, time, and place and summon the candidates who have received the tie votes to appear and the City Clerk will determine the winner by lot.
Section 6. That the City Clerk is hereby directed to file a certified copy of this Resolution with the Board of Supervisors and the Registrar of Voters’ Office of the County of San Bernardino.
Section 7. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
APPROVED AND ADOPTED this XX day of XX, 2026.
Mayor
ATTEST:
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 06/01/2000 Page 98 of 195 Resolution No. 26–3517 Page 2 of 2
I, Andrea M. Myrick, City Clerk of the City of Montclair, DO HEREBY CERTIFY that Resolution No. 26–3517 was duly adopted by the City Council of said city and was approved by the Mayor of said city at a regular meeting of said City Council held on the XX day of XX, 2026, and that it was adopted by the following vote, to–wit:
AYES: XX
NOES: XX
ABSTAIN: XX
ABSENT: XX
Andrea M. Myrick
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 06/01/2000 Page 99 of 195
CITY COUNCIL
AGENDA REPORT
DATE: JUNE 1, 2026
SECTION: CONSENT - RESOLUTIONS
ITEM NO.: 2
FILE I.D.: STB300–17
DEPT.: FINANCE
PREPARER: C. GRAVES
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 26–3518 AUTHORIZING PLACEMENT
OF LIENS ON CERTAIN PROPERTIES FOR DELINQUENT SEWER AND TRASH CHARGES REASON FOR CONSIDERATION: Staff has identified 145 sewer and trash accounts in the even–numbered–month billing cycle that are more than three billing periods delinquent. Pursuant to Montclair Municipal Code Chapter 1.12, these properties are subject to lien. The City Council is requested to consider adoption of Resolution No. 26– 3518 authorizing placement of liens on these properties for delinquent sewer and trash charges.
BACKGROUND: Ordinance No. 02–815 authorizes the placement of liens on properties on which delinquent civil debts have accrued and makes property owners responsible for delinquent sewer and trash charges accrued after the effective date of the Ordinance (March 1, 2002) for accounts in tenants' names. Prior to the City Council's adoption of Ordinance No. 02–815, property owners were responsible for only those accounts in their own names.
FISCAL IMPACT: Recoverable amount is $52,983.44, plus $2,900.00 for release of lien fees, plus $7,250.00 in lien fees, for a total of $63,133.44.
RECOMMENDATION: Staff recommends the City Council adopt Resolution No. 26–3518 authorizing placement of liens on certain properties for delinquent sewer and trash charges.
MONTCLAIR CITY COUNCIL MEETING – 06/01/2000 Page 100 of 195 Resolution No. 26–3518 Page 1 of 1
RESOLUTION NO. 26–3518
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF MONTCLAIR AUTHORIZING
PLACEMENT OF LIENS ON CERTAIN
PROPERTIES FOR DELINQUENT SEWER
AND TRASH ACCOUNTS
WHEREAS, Chapter 1.12 of the Montclair Municipal Code authorizes the City to place liens on properties on which delinquent civil debts have accrued; and WHEREAS, all owners of property in the City of Montclair were notified about the adoption of Ordinance No. 02–815 authorizing placement of liens on properties on which delinquent civil debts have accrued; and
WHEREAS, it has been determined that there are 145 sewer and/or trash accounts on which there are delinquencies in excess of 90 days; and WHEREAS, the owners of these properties have received regular billing statements and late notices since the onset of such delinquencies; and WHEREAS, the owners of these properties were notified on May 7, 2026, that their delinquent accounts are subject to causing a lien to be placed on their properties for settlement of such delinquencies; and that such liens would be considered for approval by the Montclair City Council on Monday, June 1, 2026.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Montclair approves the placement of liens on the properties and in the amounts specified in Exhibit A, entitled Report of Delinquent Civil Debts – June 2026, attached hereto.
BE IT FURTHER RESOLVED that the City Clerk is authorized to provide the San Bernardino County Auditor/Controller–Recorder with the documents required to cause such liens to be placed.
APPROVED AND ADOPTED this XX day of XX, 2026.
Mayor
ATTEST:
City Clerk
I, Andrea M. Myrick, City Clerk of the City of Montclair, DO HEREBY CERTIFY that Resolution No. 26–3518 was duly adopted by the City Council of said city and was approved by the Mayor of said city at a regular meeting of said City Council held on the XX day of XX, 2026, and that it was adopted by the following vote, to–wit:
AYES: XX
NOES: XX
ABSTAIN: XX
ABSENT: XX
Andrea M. Myrick
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 06/01/2000 Page 101 of 195 Exhibit A to Resolution No. 26–3518
Report of Delinquent Civil Debts — June 2026
Street No. Street Account Type Delinquency Lien Fee Release of Lien Fee
Total Lien
Amount
10483 Adobe Court Residential 368.76 50.00 20.00 438.76 10207 Amherst Avenue Residential 371.18 50.00 20.00 441.18 4306 Appaloosa Way Residential 451.11 50.00 20.00 521.11 10532 Arabian Place Residential 297.51 50.00 20.00 367.51 5512 Arrow Hwy, #D Commercial 210.39 50.00 20.00 280.39 5071 Bandera Street Residential 342.90 50.00 20.00 412.90 5077 Bandera Street Residential 293.74 50.00 20.00 363.74 5570 Bandera Street Residential 217.44 50.00 20.00 287.44 5633 Bandera Street Residential 417.56 50.00 20.00 487.56 5648 Bandera Street Residential 300.11 50.00 20.00 370.11 10136 Bel Air Avenue Senior 210.91 50.00 20.00 280.91
10145 Bel Air Avenue Residential 369.22 50.00 20.00 439.22 10545 Belgian Place Residential 518.74 50.00 20.00 588.74 5214 Belvedere Way Residential 263.69 50.00 20.00 333.69 5216 Belvedere Way Residential 379.24 50.00 20.00 449.24 10278 Benson Avenue Residential 455.53 50.00 20.00 525.53 10376 Benson Avenue Multifamily 1,279.35 50.00 20.00 1,349.35 5214 Berkshire Way Residential 245.43 50.00 20.00 315.43 5011 Birch Street Residential 399.31 50.00 20.00 469.31 11427 Brunswick Lane Residential 210.13 50.00 20.00 280.13 11452 Brunswick Lane Residential S231.95 50.00 20.00 301.95 11046 Buckingham Way Residential 208.34 50.00 20.00 278.34 10488 Calico Court Residential 446.25 50.00 20.00 516.25 10401 Camarena Avenue Residential 370.92 50.00 20.00 440.92 10234 Camulos Avenue Residential 369.22 50.00 20.00 439.22 10259 Camulos Avenue Residential 389.56 50.00 20.00 459.56 10264 Camulos Avenue Residential 357.63 50.00 20.00 427.63 10280 Camulos Avenue Residential 384.95 50.00 20.00 454.95 11409 Cannery Row Residential 210.40 50.00 20.00 280.40 4752 Canoga Street Multifamily 215.44 50.00 20.00 285.44 4912 Canoga Street Residential 270.76 50.00 20.00 340.76 4924 Canoga Street Residential 369.21 50.00 20.00 439.21 4825-31 Canoga Street Multifamily 427.07 50.00 20.00 497.07 11178 Carrillo Avenue Residential 369.22 50.00 20.00 439.22 11352 Chandler Lane Residential 366.82 50.00 20.00 436.82 4265 Clair Street Residential 369.22 50.00 20.00 439.22 4397 Clair Street Residential 340.56 50.00 20.00 410.56 5030 Clair Street Residential 306.35 50.00 20.00 376.35 5159 Clair Street Residential 395.64 50.00 20.00 465.64 5216 Clair Street Residential 205.78 50.00 20.00 275.78 5246 Clair Street Residential 247.57 50.00 20.00 317.57 4303 Clydesdale Way Residential 369.22 50.00 20.00 439.22 10184 Coalinga Avenue Residential 541.57 50.00 20.00 611.57 10231 Coalinga Avenue Residential 369.22 50.00 20.00 439.22 10957 Coalinga Avenue Residential 235.43 50.00 20.00 305.43 11148 Coalinga Avenue Residential 369.22 50.00 20.00 439.22 11465 Cobblestone Lane Residential 210.39 50.00 20.00 280.39 9836 Columbine Avenue Senior 512.45 50.00 20.00 582.45
5273 Cordera Street Residential 355.16 50.00 20.00 425.16 4126 Covecrest Court Residential 262.48 50.00 20.00 332.48 11470 Cumberland Lane Residential 363.80 50.00 20.00 433.80 MONTCLAIR CITY COUNCIL MEETING – 06/01/2000 Page 102 of 195 Exhibit A to Resolution No. 26–3518
Report of Delinquent Civil Debts — June 2026
Street No. Street Account Type Delinquency Lien Fee Release of Lien Fee
Total Lien
Amount
10187 Del Mar Avenue Residential 369.37 50.00 20.00 439.37 10190 Del Mar Avenue Residential 369.22 50.00 20.00 439.22 10236 Del Mar Avenue Residential 369.22 50.00 20.00 439.22 4506 Donner Court Residential 368.32 50.00 20.00 438.32 4507 Donner Court Residential 279.74 50.00 20.00 349.74 4185 E Grand Avenue Residential 203.31 50.00 20.00 273.31 11159 Essex Avenue Residential 369.22 50.00 20.00 439.22 4696 Evart Street Residential 369.31 50.00 20.00 439.31 4705 Evart Street Residential 216.26 50.00 20.00 286.26 4771 Evart Street Residential 436.21 50.00 20.00 506.21 5195 Evart Street Senior 296.6 50.00 20.00 366.60
5383 Evart Street Residential 367.40 50.00 20.00 437.40 4114 Faircove Court Residential 391.85 50.00 20.00 461.85 4703 Fauna Street Residential 369.22 50.00 20.00 439.22 4731 Fauna Street Residential 518.74 50.00 20.00 588.74 4782 Fauna Street Residential 224.19 50.00 20.00 294.19 4852 Fauna Street Residential 369.22 50.00 20.00 439.22 8936 Felipe Avenue Residential 360.13 50.00 20.00 430.13 8919-21 Felipe Avenue Multifamily 738.45 50.00 20.00 808.45 10260 Felipe Avenue Residential 405.06 50.00 20.00 475.06 10427 Felipe Lane Residential 302.88 50.00 20.00 372.88 4202 Flora Street Residential 346.35 50.00 20.00 416.35 4511 Flora Street Residential 373.35 50.00 20.00 443.35 4639 Flora Street Residential 362.01 50.00 20.00 432.01 4660 Flora Street Residential 370.60 50.00 20.00 440.60 5370 Flora Street Residential 332.22 50.00 20.00 402.22 10365-67 Fremont Multifamily 737.46 50.00 20.00 807.46
10253 Fremont Avenue Residential 359.22 50.00 20.00 429.22 10287 Fremont Avenue Residential 401.27 50.00 20.00 471.27 10111 Galena Avenue Residential 365.36 50.00 20.00 435.36 10161 Geneva Avenue Residential 369.22 50.00 20.00 439.22 11416 Hickory Lane Residential 313.5 50.00 20.00 383.50 4103 Howard Street Residential 369.22 50.00 20.00 439.22 4341 Howard Street Residential 369.22 50.00 20.00 439.22 10209 Kimberly Avenue Residential 369.22 50.00 20.00 439.22 10244 Kimberly Avenue Residential 369.22 50.00 20.00 439.22 4671 Kingsley Street Multifamily 729.87 50.00 20.00 799.87 4883 Kingsley Street Residential 302.41 50.00 20.00 372.41 4909 Kingsley Street Residential 233.11 50.00 20.00 303.11 5476 Kingsley Street Residential 369.22 50.00 20.00 439.22 10360-62 Lehigh Avenue Multifamily 738.45 50.00 20.00 808.45 4414 Mane Street Residential 229.94 50.00 20.00 299.94
4595 Mane Street Residential 369.21 50.00 20.00 439.21
4696 Mane Street Senior 330.48 50.00 20.00 400.48
4839 Mane Street Residential 369.19 50.00 20.00 439.19
4731 Manzanita Street Residential 330.97 50.00 20.00 400.97 10269 Marion Avenue Residential 401.11 50.00 20.00 471.11 11336 Marquette Lane Residential 210.39 50.00 20.00 280.39 10177 Mills Avenue Residential 581.27 50.00 20.00 651.27 11458 Millstone Lane Residential 210.40 50.00 20.00 280.40 3788 Millstone Lane Residential 262.48 50.00 20.00 332.48 MONTCLAIR CITY COUNCIL MEETING – 06/01/2000 Page 103 of 195 Exhibit A to Resolution No. 26–3518
Report of Delinquent Civil Debts — June 2026
Street No. Street Account Type Delinquency Lien Fee Release of Lien Fee
Total Lien
Amount
3796 Millstone Lane Residential 209.45 50.00 20.00 279.45 5239 Monte Verde Residential 369.22 50.00 20.00 439.22
9655 Monte Vista Commercial 350.66 50.00 20.00 420.66
11313 Monte Vista Residential 381.12 50.00 20.00 451.12 10151 Oak Glen Avenue Residential 468.16 50.00 20.00 538.16 10186 Oak Glen Avenue Residential 369.23 50.00 20.00 439.23 4595 Oakdale Street Residential 369.22 50.00 20.00 439.22 5171 Orchard Street Senior 332.7 50.00 20.00 402.70
5422 Orchard Street Residential 369.22 50.00 20.00 439.22 5471 Orchard Street Residential 470.66 50.00 20.00 540.66 11131 Pipeline Avenue Residential 518.74 50.00 20.00 588.74 10206 Pradera Avenue Residential 369.22 50.00 20.00 439.22 10231 Pradera Avenue Residential 329.11 50.00 20.00 399.11 4668 Rawhide Street Residential 369.22 50.00 20.00 439.22 5035 Rodeo Street Residential 329.11 50.00 20.00 399.11 5054 Rodeo Street Residential 364.93 50.00 20.00 434.93 8949 Rose Avenue Commercial 363.80 50.00 20.00 433.80
10964 San Miguel Way Residential 332.28 50.00 20.00 402.28 11045 San Miguel Way Residential 329.11 50.00 20.00 399.11 11020 San Pasqual Avenue Residential 369.44 50.00 20.00 439.44 11083 San Pasqual Avenue Residential 403.95 50.00 20.00 473.95 10136 Santa Anita Avenue Residential 369.17 50.00 20.00 439.17 10183 Santa Anita Avenue Residential 401.26 50.00 20.00 471.26 10204 Santa Anita Avenue Residential 370.96 50.00 20.00 440.96 10221 Santa Anita Avenue Residential 369.22 50.00 20.00 439.22 10298 Santa Anita Avenue Residential 269.45 50.00 20.00 339.45 10170 Saratoga Avenue Residential 323.28 50.00 20.00 393.28 10226 Saratoga Avenue Residential 244.70 50.00 20.00 314.70 5538 Shirley Lane Residential 369.22 50.00 20.00 439.22 11011 Stallion Avenue Residential 352.58 50.00 20.00 422.58 10187 Vernon Avenue Residential 369.24 50.00 20.00 439.24 10192 Vernon Avenue Residential 585.85 50.00 20.00 655.85 10236 Vernon Avenue Residential 369.22 50.00 20.00 439.22 10241 Vernon Avenue Residential 369.23 50.00 20.00 439.23 5533 Vernon Court Residential 329.11 50.00 20.00 399.11 10373 Via Palma Residential 297.51 50.00 20.00 367.51
10438 Via Palma Residential 398.07 50.00 20.00 468.07
11043 Wesley Avenue Residential 369.27 50.00 20.00 439.27 11053 Wesley Avenue Residential 369.22 50.00 20.00 439.22 10989 Whitewater Avenue Residential 340.06 50.00 20.00 410.06 10995 Whitewater Avenue Residential 395.72 50.00 20.00 465.72 11178 Whitewater Avenue Residential 369.42 50.00 20.00 439.42 4515 Yosemite Drive Residential 369.22 50.00 20.00 439.22 TOTALS: $ 52,983.44 $ 7,250.00 $ 2,900.00 $ 63,133.44
MONTCLAIR CITY COUNCIL MEETING – 06/01/2000 Page 104 of 195
CITY COUNCIL
AGENDA REPORT
DATE: JUNE 1, 2026
SECTION: CONSENT - RESOLUTIONS
ITEM NO.: 3
FILE I.D.: STB317
DEPT.: FINANCE
PREPARER: J. KULBECK
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 26–3519 ADOPTING AN UNCOLLECTIBLE ACCOUNTS RECEIVABLE WRITE–OFF POLICY AND AUTHORIZING THE WRITING– OFF OF $180,890.99 IN UNCOLLECTIBLE ACCOUNTS RECEIVABLE REASON FOR CONSIDERATION: The City issues invoices for costs incurred for sewer and trash utility billings; property rentals; fees for services; recovery for damage to City property; fines and penalties; and legal judgments.
According to generally accepted accounting principles, after in–house collection efforts have been exhausted or other mitigating factors, such as the use of a collection agency, have taken place, accounts receivable that are considered uncollectible should be written–off as bad debt in order to avoid overstating the City’s assets. Currently, the City does not have a write–of policy, and the City currently has uncollectible accounts receivable in the amount of $180,890.99.
Therefore, the City Council is requested to consider adoption of Resolution No. 26–3519 adopting an Uncollectible Accounts Receivable Write–Off Policy and authorizing the writing–off of $180,890.99 in uncollectible accounts receivable. A copy of proposed Resolution No. 26–3519 is attached for City Council review and consideration.
BACKGROUND: The City currently has outstanding accounts receivable accounts dating back to 2014 and now wishes to conduct a one–time mass write–off of old uncollectible receivables. Moving forward, account write–offs will be conducted on an annual basis in accordance with the proposed Uncollectible Accounts Receivable Write–Off Policy and Procedures. These procedures define the process for addressing these instances, ensuring appropriate communication, and establishing an approval process to ensure that any amounts written off are truly uncollectible. A write–off of uncollectible accounts receivable from the City’s accounting records does not constitute forgiveness of the debt or gift of public funds.
FISCAL IMPACT: The accounts being considered for write–off are more than 120 days past due. Proposed total write–offs in the amount of $180,890.99 include General Fund receivables of $134,229.85 and Gas Tax Fund receivables of $46,661.14.
RECOMMENDATION: Staff recommends that the City Council adopt Resolution No. 26– 3519 adopting an Uncollectible Accounts Receivable Write–Off Policy and authorizing the writing–off of $180,890.99 in uncollectible accounts receivable.
MONTCLAIR CITY COUNCIL MEETING – 06/01/2000 Page 105 of 195 Resolution No. 26–3519 Page 1 of 1
RESOLUTION NO. 26–3519
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MONTCLAIR ADOPTING THE UNCOLLECTIBLE ACCOUNTS
RECEIVABLE WRITE–OFF POLICY
WHEREAS, according to generally accepted accounting principles, after in– house collection efforts have been exhausted or other mitigating factors, such as the use of a collection agency, have taken place, accounts receivable that are considered uncollectible should be written–off as bad debt in order to avoid overstating the City’s assets; and
WHEREAS, the City does not have a write–of policy; and
WHEREAS, the City currently has outstanding Accounts Receivable accounts dating back to 2014 and wishes to conduct a one–time mass write–off of old uncollectible receivables; and
WHEREAS, a write–off of uncollectible accounts receivable from the City’s accounting records does not constitute forgiveness of the debt or gift of public funds.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Montclair does hereby find and determine as follows:
SECTION 1. The policy titled, “City of Montclair Policy for Write–Off of Uncollectible Accounts Receivable,” attached as Exhibit A, is adopted.
SECTION 2. A one–time write–off of $180,890.99 in outstanding accounts receivable, attached as Exhibit B, is authorized.
SECTION 3. Account write–offs will be conducted on an annual basis in accordance with the “City of Montclair Policy for Write–Off of Uncollectible Accounts Receivable.”
APPROVED AND ADOPTED this XX day of XX, 2026.
Mayor
ATTEST:
City Clerk
I, Andrea M. Myrick, City Clerk of the City of Montclair, DO HEREBY CERTIFY that Resolution No. 26–3519 was duly adopted by the City Council of said city and was approved by the Mayor of said city at a regular meeting of said City Council held on the XX day of XX, 2026, and that it was adopted by the following vote, to–wit:
AYES: XX
NOES: XX
ABSTAIN: XX
ABSENT: XX
Andrea M. Myrick
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 06/01/2000 Page 106 of 195
CITY OF MONTCLAIR
POLICY FOR WRITE-OFF OF
UNCOLLECTIBLE ACCOUNTS RECEIVABLE
JUNE 2026
PURPOSE
The purpose of this policy is to ensure that all reasonable diligence has been used to collect accounts receivable, improve measurement of the City’s accounts receivable and ensure the most efficient use of City revenue collection resources.
POLICY
It is the policy of the City of Montclair to actively pursue collection of past-due accounts receivable, regularly review the status of past-due accounts, and write-off amounts determined to be uncollectible. A write-off of uncollectible accounts receivable from the City’s accounting records does not constitute forgiveness of the debt or gift of public funds.
SCOPE
This policy applies to all City departments and funds.
PROCEDURES
Collection procedures are established by the Finance Department and will vary depending on the nature of the receivable. Types of receivables covered by this policy include, but are not limited to: sewer and trash utility billings; property rentals; fees for services; recovery for damage to City property; fines and penalties; and legal judgments.
Accounts receivable should generally be written-off during the fiscal year in which an account is determined to be uncollectible. Subsequent collection of an account previously written-off will be treated as new revenue in the appropriate fund.
I. Designation of an Account as Uncollectible
An account will be considered uncollectible after the appropriate collection procedures have been followed if it meets one or more of the following criteria:
• The debt is disputed and the City has insufficient documentation to pursue collection efforts;
• The cost of further collection efforts will exceed the estimated recovery amount;
• The amount is under $100 and remains unpaid after one year; • The account remains unpaid after the lesser of four years or the applicable period for commencement of a recovery action (statute of limitations); • The debtor cannot be located, nor any of the debtor’s assets; • The debtor has no assets and there is no expectation they will have any in the future;
• The debtor has died and there is no known estate or guarantor; • The debtor is a company which is no longer in business; • The debt is discharged through legal action (bankruptcy or court judgment); • The debt has been forgiven by action of the City Council.
EXHIBIT A MONTCLAIR CITY COUNCIL MEETING – 06/01/2000 Page 107 of 195
CITY OF MONTCLAIR POLICY FOR WRITE-OFF OF UNCOLLECTIBLE ACCOUNTS RECEIVABLE (JUNE 2026)
II. Preparation of Request for Write-Off of Accounts Receivable At least annually, the Finance Department will identify any accounts receivable that meet the criteria for designation as an uncollectible account. A request for write-off of accounts receivable will be prepared by Finance Department staff and submitted to the Finance Director.
The request for write-off of accounts receivable must include an itemized list of the uncollectible accounts to be written off specifying the following:
• Debtor name;
• Account balance;
• Due date;
• Brief description of receivable type;
• Criteria under which the account was deemed uncollectible; and • Account number of the receivable in the City's accounting system.
For each uncollectible account, documentation must be attached to the request to support the uncollectible account designation and substantiate that the department has followed its collection procedures and exercised due diligence in its collection efforts. Due diligence documentation could include:
• Invoices, reminder letters, or collection letters (and any documentation that are returned as undeliverable, no known forwarding address, etc.); • Referral to the City's collection agency;
• Bankruptcy claim and any related plan or discharge;
• Judgment awarded by a court or settlement agreement; and • Notice of discontinuation of services.
III. Approval Authority for Write-Off Requests
Upon receipt of a request for write-off of accounts receivable by Finance Department staff, the Finance Director will review the request to ensure that it is complete and that all necessary due diligence documentation has been attached. Once the Finance Director has completed the review of a request, the qualified accounts to be writtenoff will be presented to the appropriate authorizing official for approval:
• The Director of Finance is authorized to approve the write-off of accounts with an outstanding balance due of up to $10,000;
• The City Manager is authorized to approve the write-off of accounts with an outstanding balance in excess of $10,000 and up to $25,000; • Write-off of accounts with an outstanding balance due in excess of $25,000 must be approved by action of the City Council.
EXHIBIT A MONTCLAIR CITY COUNCIL MEETING – 06/01/2000 Page 108 of 195 Uncollectible Accounts Receivable
Fund Invoice Date Description Balance
1001 06/30/14 Traffic Accident 08/24/07 25,770.41
1001 01/18/17 False Alarm 50.00
1001 01/19/17 Emergency Response 283.68
1001 01/19/17 Emergency Response 1,615.31
1001 01/19/17 Emergency Response DUI 874.75
1001 01/19/17 Emergency Response DUI 445.89
1001 01/19/17 Emergency Response DUI 386.79
1001 01/19/17 Emergency Response DUI 271.67
1001 01/31/17 False Alarm 50.00
1001 01/31/17 False Alarm 100.00
1001 02/02/17 Emergency Response 492.64
1001 02/02/17 Emergency Response 146.63
1001 02/21/17 Emergency Call 2,983.50
1001 04/20/17 Emergency Response DUI 95.20
1102 04/20/17 Property Damage 10,342.85
1001 05/18/17 Property Damage 498.60
1001 05/30/17 Property Damage 276.04
1001 05/30/17 Property Damage 630.88
1001 06/26/17 Emergency Response DUI 259.22
1001 06/26/17 Emergency Response DUI 267.85
1001 08/14/17 Emergency Response DUI 361.22
1001 08/14/17 Emergency Response DUI 1,264.64
1001 08/29/17 Disturbance of the Peace 73.63
1001 08/29/17 False Alarm 280.12
1001 08/29/17 False Alarm 200.00
1001 09/27/17 False Alarm 250.00
1001 09/28/17 Emergency Response 361.80
1001 09/28/17 Emergency Response 288.33
1001 10/05/17 False Alarm 400.00
1001 10/05/17 False Alarm 100.00
1001 10/19/17 Emergency Response 830.07
1001 10/19/17 Emergency Response 191.11
1001 10/19/17 Emergency Response 235.66
1001 11/08/17 False Alarm 50.00
1001 12/18/17 False Alarm 50.00
1001 12/20/17 Emergency Response 297.82
1001 12/20/17 Emergency Response 184.94
1001 12/20/17 Emergency Response DUI 148.58
1001 01/29/18 Emergency Response 207.38
1001 01/29/18 Emergency Response 455.02
1001 01/29/18 Emergency Response DUI 394.85
1001 01/29/18 Emergency Response 198.42
1001 01/29/18 Disturbance of the Peace 82.90
1001 02/08/18 Emergency Response DUI 354.47
1001 03/08/18 Emergency Response 150.83
1001 03/08/18 Emergency Response DUI 196.39
1001 03/08/18 False Alarm 650.00
1001 03/15/18 Disturbance of the Peace 84.31
1001 03/28/18 Property Damage 240.42
1001 04/18/18 Emergency Response 465.41
1001 04/18/18 Emergency Response 353.12
1001 04/18/18 Emergency Response 308.33
1001 04/18/18 Emergency Response 519.97
1001 04/18/18 Emergency Response DUI 404.35
EXHIBIT B Page 1 of 6 MONTCLAIR CITY COUNCIL MEETING – 06/01/2000 Page 109 of 195 Uncollectible Accounts Receivable
Fund Invoice Date Description Balance
1001 04/18/18 Disturbance of the Peace 72.69
1001 04/18/18 Emergency Response DUI 457.37
1001 04/18/18 Disturbance of the Peace 544.61
1001 05/10/18 Emergency Response 73.96
1001 05/10/18 Emergency Response DUI 274.63
1001 05/30/18 False Alarm 50.00
1001 06/12/18 Emergency Response 218.39
1001 06/12/18 Emergency Response 583.61
1001 07/16/18 Emergency Response 199.91
1001 07/16/18 Emergency Response DUI 1,685.86
1001 08/01/18 Emergency Response 653.42
1001 08/01/18 Emergency Response DUI 1,948.27
1001 09/19/18 False Alarm 500.00
1001 09/19/18 False Alarm 250.00
1001 09/20/18 Subpoena 232.69
1001 10/18/18 False Alarm 250.00
1001 10/18/18 Emergency Response 440.26
1001 10/30/18 Emergency Response DUI 134.65
1001 10/30/18 Emergency Response 756.81
1001 10/30/18 Emergency Response 239.66
1001 10/30/18 Emergency Response 335.17
1001 10/30/18 Emergency Response 283.90
1001 10/30/18 Disturbance of the Peace 217.52
1001 10/30/18 Disturbance of the Peace 75.99
1001 10/30/18 Emergency Response 107.85
1001 10/30/18 Emergency Response 253.37
1001 10/30/18 Emergency Response 106.34
1001 10/30/18 Emergency Response 491.26
1001 11/21/18 Emergency Response 314.50
1001 12/05/18 False Alarm 50.00
1001 12/18/18 Emergency Response 407.60
1001 12/18/18 Emergency Response 269.44
1001 01/15/19 Emergency Response 387.93
1001 01/15/19 Emergency Response 315.63
1001 01/15/19 Emergency Response 475.57
1001 01/28/19 False Alarm 50.00
1001 01/28/19 False Alarm 50.00
1001 01/28/19 False Alarm 50.00
1001 01/28/19 False Alarm 50.00
1001 01/28/19 False Alarm 300.00
1001 02/25/19 Emergency Reponse DUI 309.03
1001 03/04/19 Disturbance of the Peace 219.36
1001 04/04/19 Emergency Response DUI 724.29
1001 04/17/19 Emergency Response DUI 334.40
1001 05/16/19 Emergency Response 398.90
1001 05/16/19 Emergency Response 187.38
1001 05/16/19 Emergency Response 320.61
1001 05/30/19 Emergency Response 209.99
1001 06/20/19 Emergency Response 265.40
1001 06/20/19 Emergency Response 267.28
1001 06/20/19 Emergency Response 218.13
1001 06/20/19 Disturbance of the Peace 75.99
1001 06/20/19 Emergency Response 302.70
1001 06/20/19 Emergency Response 220.78
EXHIBIT B Page 2 of 6 MONTCLAIR CITY COUNCIL MEETING – 06/01/2000 Page 110 of 195 Uncollectible Accounts Receivable
Fund Invoice Date Description Balance
1001 06/20/19 Disturbance of the Peace 73.58
1001 06/20/19 Disturbance of the Peace 74.08
1001 06/20/19 Disturbance of the Peace 75.51
1001 07/22/19 Subpoena 115.15
1001 07/22/19 Emergency Response DUI 205.90
1001 07/22/19 Emergency Response DUI 271.38
1001 07/22/19 Emergency Response 751.94
1001 08/21/19 Emergency Response DUI 445.63
1001 08/28/19 Emergency Response 518.33
1001 09/12/19 Emergency Response DUI 333.62
1001 09/20/19 False Alarm 150.00
1001 10/08/19 Returned Check 20.00
1001 10/10/19 Emergency Response DUI 392.27
1001 10/10/19 Emergency Response DUI 347.19
1001 10/10/19 Emergency Response DUI 219.04
1001 10/10/19 Emergency Response DUI 2,523.77
1001 10/10/19 Disturbance of the Peace 74.90
1001 10/10/19 Emergency Response DUI 399.04
1001 10/10/19 Emergency Response DUI 217.68
1001 11/05/19 False Alarm 100.00
1001 11/19/19 Emergency Response 494.38
1001 11/19/19 Disturbance of the Peace 73.88
1001 11/19/19 Disturbance of the Peace 92.05
1001 11/19/19 Emergency Response DUI 346.02
1001 11/19/19 False Alarm 50.00
1001 11/19/19 Emergency Response DUI 462.30
1001 11/19/19 Emergency Response DUI 706.92
1001 11/19/19 Emergency Response DUI 390.31
1001 01/06/20 False Alarm 50.00
1001 01/07/20 Emergency Response 347.50
1001 01/07/20 Emergency Response 237.14
1001 01/07/20 Emergency Response 555.94
1001 01/07/20 Emergency Response 303.84
1001 02/04/20 Emergency Response 518.75
1001 02/04/20 Emergency Response 367.32
1001 02/04/20 Emergency Response 453.84
1001 02/04/20 False Alarm 50.00
1001 02/17/20 Emergency Response 428.98
1001 02/20/20 Emergency Response 355.06
1001 03/13/20 Emergency Response DUI 192.03
1001 03/13/20 Emergency Response 4,976.14
1001 03/13/20 Emergency Response DUI 217.04
1001 04/01/20 Emergency Response 411.88
1001 04/01/20 Emergency Response DUI 618.23
1001 04/01/20 Emergency Response DUI 459.77
1001 04/23/20 Emergency Response DUI 256.99
1001 04/23/20 Emergency Response DUI 307.19
1001 04/23/20 Emergency Response DUI 347.42
1001 05/15/20 False Alarm 400.00
1001 06/19/20 False Alarm 50.00
1001 06/24/20 Emergency Response 307.41
1001 06/24/20 Emergency Response DUI 535.59
1001 06/24/20 Emergency Response DUI 540.59
1001 06/24/20 Emergency Response DUI 171.75
EXHIBIT B Page 3 of 6 MONTCLAIR CITY COUNCIL MEETING – 06/01/2000 Page 111 of 195 Uncollectible Accounts Receivable
Fund Invoice Date Description Balance
1001 06/24/20 Emergency Response 335.89
1001 06/24/20 Emergency Response DUI 631.29
1001 07/17/20 False Alarm 900.00
1001 07/17/20 False Alarm 150.00
1001 07/23/20 Disturbance of the Peace 129.57
1001 07/23/20 Disturbance of the Peace 106.42
1001 07/23/20 Disturbance of the Peace 75.38
1001 09/14/20 Emergency Response 522.43
1001 09/14/20 Emergency Response DUI 363.98
1001 09/14/20 Emergency Response DUI 230.54
1001 09/14/20 Emergency Response 455.44
1001 09/14/20 Emergency Response DUI 496.40
1001 09/14/20 Emergency Response 355.27
1001 09/14/20 Emergency Response DUI 584.82
1001 09/14/20 Emergency Response DUI 440.75
1001 09/17/20 False Alarm 150.00
1001 10/08/20 Emergency Response 950.99
1001 10/08/20 False Alarm 2,050.00
1001 10/08/20 Emergency Response DUI 846.92
1001 10/08/20 Emergency Response DUI 467.69
1001 10/08/20 Disturbance of the Peace 90.58
1001 11/05/20 Emergency Response 483.07
1001 11/05/20 Emergency Response DUI 507.15
1001 11/05/20 Emergency Response DUI 397.58
1001 11/05/20 Emergency Response 963.61
1001 11/05/20 Emergency Response DUI 288.13
1001 11/05/20 Emergency Response 217.66
1001 12/09/20 False Alarm 150.00
1001 12/09/20 False Alarm 50.00
1001 12/09/20 False Alarm 50.00
1001 12/09/20 False Alarm 50.00
1001 12/17/20 Emergency Response 322.13
1001 12/17/20 Emergency Response DUI 471.17
1001 01/19/21 Emergency Response 415.32
1001 01/19/21 Emergency Response 320.43
1001 01/19/21 Emergency Response 875.77
1001 01/19/21 Emergency Response DUI 457.42
1001 01/26/21 False Alarm 50.00
1001 01/26/21 False Alarm 150.00
1001 01/26/21 False Alarm 50.00
1001 02/02/21 Disturbance of the Peace 152.84
1001 03/09/21 Emergency Response DUI 361.49
1001 03/09/21 Emergency Response DUI 425.32
1001 03/09/21 Emergency Response DUI 602.24
1001 03/09/21 Emergency Response DUI 463.91
1001 04/26/21 Emergency Response DUI 436.59
1001 04/26/21 Emergency Response DUI 187.76
1001 04/26/21 Emergency Response DUI 337.15
1001 04/26/21 Emergency Response DUI 484.18
1001 04/26/21 Emergency Response DUI 252.70
1001 04/26/21 Emergency Response DUI 747.98
1001 05/27/21 False Alarm 50.00
1001 05/27/21 False Alarm 50.00
1001 06/01/21 Emergency Response DUI 783.72
EXHIBIT B Page 4 of 6 MONTCLAIR CITY COUNCIL MEETING – 06/01/2000 Page 112 of 195 Uncollectible Accounts Receivable
Fund Invoice Date Description Balance
1001 06/01/21 Emergency Response DUI 647.57
1001 06/01/21 Emergency Response DUI 504.62
1001 06/01/21 Emergency Response DUI 694.23
1001 06/03/21 Emergency Response DUI 354.27
1001 06/03/21 Emergency Response DUI 420.07
1001 06/03/21 Emergency Response DUI 739.80
1001 06/03/21 Emergency Response DUI 824.35
1001 06/03/21 Disturbance of the Peace 79.23
1001 06/03/21 Emergency Response DUI 381.95
1001 06/21/21 Emergency Response DUI 322.36
1001 06/21/21 Emergency Response DUI 772.85
1001 06/21/21 Emergency Response DUI 322.36
1001 06/21/21 Prop Damage 161.18
1102 06/21/21 Emergency Response DUI 197.76
1102 06/21/21 Emergency Response DUI 186.20
1102 06/21/21 Prop Damage 199.47
1001 06/22/21 Emergency Response DUI 549.78
1001 06/22/21 Emergency Response DUI 285.42
1001 06/22/21 Emergency Response DUI 411.13
1001 08/12/21 Disturbance of the Peace 75.26
1001 08/12/21 False Alarm 50.00
1001 08/12/21 False Alarm 50.00
1001 08/12/21 False Alarm 50.00
1001 08/17/21 Emergency Response DUI 680.37
1001 08/17/21 Emergency Response DUI 483.15
1001 08/17/21 Emergency Response DUI 288.88
1001 08/17/21 Emergency Response DUI 401.58
1001 08/17/21 Emergency Response DUI 177.39
1001 08/17/21 Disturbance of the Peace 351.93
1001 08/17/21 Emergency Response DUI 475.44
1001 08/17/21 Emergency Response DUI 553.72
1001 08/17/21 Emergency Response DUI 183.24
1001 08/17/21 Emergency Response DUI 317.81
1001 08/26/21 Emergency Response DUI 491.57
1001 08/26/21 Emergency Response DUI 233.17
1001 08/26/21 Emergency Response DUI 372.10
1001 09/02/21 Disturbance of the Peace 76.26
1001 09/13/21 Emergency Response DUI 589.30
1001 10/05/21 False Alarm 50.00
1001 10/05/21 False Alarm 50.00
1001 10/05/21 False Alarm 250.00
1001 10/05/21 False Alarm 250.00
1001 10/05/21 False Alarm 50.00
1001 10/06/21 Emergency Response DUI 257.24
1001 10/06/21 Emergency Response DUI 340.90
1001 10/06/21 Emergency Response DUI 286.83
1001 11/10/21 False Alarm 50.00
1001 11/11/21 False Alarm 50.00
1001 11/11/21 False Alarm 50.00
1001 11/11/21 False Alarm 100.00
1001 11/30/21 Emergency Response DUI 336.90
1001 11/30/21 Emergency Response DUI 679.61
1001 11/30/21 Emergency Response DUI 576.60
1001 11/30/21 Emergency Response DUI 476.51
EXHIBIT B Page 5 of 6 MONTCLAIR CITY COUNCIL MEETING – 06/01/2000 Page 113 of 195 Uncollectible Accounts Receivable
Fund Invoice Date Description Balance
1001 11/30/21 Emergency Response DUI 174.03
1001 12/20/21 Emergency Response DUI 455.87
1001 12/20/21 Emergency Response DUI 1,333.26
1001 12/20/21 Emergency Response DUI 423.66
1001 12/20/21 Emergency Response DUI 336.77
1001 01/13/22 False Alarm 150.00
1001 01/13/22 False Alarm 50.00
1001 01/13/22 False Alarm 100.00
1001 01/13/22 False Alarm 100.00
1001 01/13/22 False Alarm 100.00
1001 01/13/22 False Alarm 50.00
1001 02/03/22 Emergency Response DUI 275.71
1001 02/03/22 Emergency Response DUI 270.24
1001 02/03/22 Emergency Response DUI 407.81
1102 02/08/22 Prop Damage 35,734.86
1001 02/15/22 False Alarm 50.00
1001 02/28/22 Emergency Response DUI 220.26
1001 03/22/22 Emergency Response DUI 491.78
1001 03/22/22 Emergency Response DUI 352.23
1001 03/22/22 Emergency Response DUI 1,146.08
1001 04/05/22 Emergency Response DUI 794.02
1001 06/06/22 False Alarm 50.00
180,890.99
EXHIBIT B Page 6 of 6 MONTCLAIR CITY COUNCIL MEETING – 06/01/2000 Page 114 of 195
CITY COUNCIL
AGENDA REPORT
DATE: JUNE 1, 2026
SECTION: BUSINESS ITEMS
ITEM NO.: A
FILE I.D.: CYC125/CYC315
DEPT.: ADMIN. SVCS.
PREPARER: A. MYRICK
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 26–3520 RESCINDING THE CITY OF
MONTCLAIR POLICY STATEMENT RELATED TO THE DISCONTINUATION OF REMOTE PUBLIC COMMENTS AT PUBLIC MEETINGS; ADOPTING POLICIES AND PROCEDURES
FOR DISRUPTIONS TO REMOTE PUBLIC ACCESS AND ADDRESSING DISRUPTIVE
BEHAVIOR OF REMOTE PARTICIPANTS DURING CITY COUNCIL MEETINGS PURSUANT TO SENATE BILL 707 (DURAZO) EFFECTIVE JULY 1, 2026; AND ADOPTING A POLICY
IMPLEMENTING PROCEDURES TO FACILITATE REQUESTS FOR ACCOMMODATIONS AT PUBLIC MEETINGS IN COMPLIANCE WITH THE RALPH M. BROWN ACT AND THE AMERICANS WITH DISABILITIES ACT OF 1990
REASON FOR CONSIDERATION: The City Council is requested to consider adoption of Resolution No. 26–3520 (1) rescinding the City of Montclair policy statement related to the discontinuation of remote public comments at public meetings; (2) adopting policies and procedures for disruptions to remote public access and addressing disruptive behavior of remote participants during City Council meetings pursuant to Senate Bill 707 (Durazo) (“SB 707”) effective July 1, 2026; and (3) adopting a policy implementing procedures to facilitate requests for accommodations at public meetings in compliance with the Ralph M. Brown Act and the Americans with Disabilities Act of 1990.
More specifically, Resolution No. 26–3520 would rescind the “City of Montclair Policy Statement Regarding the Discontinuation of Oral Public Comments from Online Participants During City–Hosted Video/ Teleconference Sessions,” which was adopted by the City Council on March 4, 2024, and adopt the following new policies:
• City of Montclair Policy Disruption of Telephonic or Internet Service During City Council Meetings (Exhibit A to Resolution No. 26–3520)
• City of Montclair Policy for Addressing Disruptive Behavior by Remote Participants During Public Meetings (Exhibit B to Resolution No. 26–3520) • City of Montclair Policy for Reasonable Accommodations for Public Meetings Subject to the Brown Act (Exhibit C to Resolution No. 26–3520) A copy of proposed Resolution No. 26–3520 is attached for City Council review and consideration.
BACKGROUND: On October 3, 2025, Governor Newsom signed SB 707 (Durazo) into law, modernizing the Ralph M. Brown Act (the “Brown Act”), which updates California’s open meeting laws to require allowing remote public participation at public meetings effective July 1, 2026, for City Councils of cities with a population size of 30,000 or more, and makes other notable changes to the Brown Act that implement new mandates for public meetings of local governments. Beginning July 1, 2026, City Council meetings will need to meet additional requirements under the Brown Act, as described below.
MONTCLAIR CITY COUNCIL MEETING – 06/01/2000 Page 115 of 195 Remote Participation by Legislative Body Members
SB 707 revises and expands the teleconferencing options available to legislative body members under the Brown Act. Notably, SB 707 permits remote teleconferencing as a reasonable accommodation for a disabled member of a legislative body to participate remotely without the normal teleconferencing requirements (posting the agenda at the physical location from which the member will be participating at least 72 hours in advance of the meeting). To participate, the disabled legislative body member is required to participate using both audio and visual technology, unless their disability prevents them from doing so. They would still be required to disclose whether anyone 18 years or older is present in the room, along with their relationships to those individuals, and all votes by the legislative body would need to be taken by voice votes, which have always been required under the original teleconferencing requirements. If provided as an ADA accommodation, remote attendance would count as in–person for all other purposes, including a quorum, and is not limited to a certain number of meetings per year.
Remote Participation by the Public
Starting July 1, 2026, City Council meetings must allow for remote participants to make public comments at City Council meetings using a two–way telephonic or audio–visual platform. The bill describes a two–way telephonic service as a one “that does not require internet access and allows participants to dial a telephone number to listen and verbally participate.” A two–way audiovisual platform is defined as an “online platform that provides participants with the ability to participate in a meeting via both an interactive video conference and a two–way telephonic service.”
The City currently uses Zoom, an internet–based service that enables both online and telephonic participation by the public, which allows the public to observe council meetings live (while the meetings are held in–person, remote attendees can watch).
Although remote public comments were initially accepted during public meetings held via Zoom in 2020 in response to the COVID–19 pandemic, the City discontinued this practice following a Zoom–bombing incident. On March 18, 2024, the City Council approved the “City of Montclair Policy Statement Regarding the Discontinuation of Oral Public Comments from Online Public Participants During City–Hosted Video/Teleconferencing Sessions,” which would be rescinded by proposed Resolution No. 26–3520. Starting July 1, 2026, City Council meetings will return to a hybrid format and allow for remote public comments over Zoom, which provides a call–in option.
Adoption of a Remote Meeting Disruption Policy
The City Council must adopt, at a noticed public meeting in open session (not on consent), a policy on disruptions to telephonic or internet service that prevents remote meeting participation. The policy must include the following, which are included in the policy that would be adopted pursuant to proposed Resolution No. 26–3520:
• If a disruption prevents public participation through two–way telephonic or audiovisual platforms, the body shall recess open session for at least one hour and attempt in “good faith” to restore service.
• The body may meet in closed session during the recess. • Open session may not reconvene until at least one hour has passed or service is restored, whichever comes first.
MONTCLAIR CITY COUNCIL MEETING – 06/01/2000 Page 116 of 195 • If service is not restored, the body may resume only after adopting, by roll call vote, a finding that good faith efforts were made and that continuing the meeting outweighs the public’s interest in remote access
Disruptive Remote Meeting Participants
Due to the increasingly disruptive behaviors from remote attendees across jurisdictions, such as the use of offensive or inappropriate language, intentional background noise, visual disturbances, or repeated interruptions that impede the orderly conduct of the meeting, SB 707 added a provision that allows the presiding officer of a public meeting to address disruptions by remote participants. Staff recommends adopting a policy for this purpose. Without clearly–defined procedures, responding to these disruptions can be inconsistent and may expose the City to legal risk, particularly if actions are perceived as limiting free speech rather than addressing the remote participant’s conduct.
The procedures outlined in the policy to address remote attendees’ disruptive behavior provide a structured framework for managing such situations. It defines what constitutes “disruptive behavior” in the context of hybrid meetings and establishes a graduated enforcement process. Under the policy, individuals engaging in disruptive conduct will generally receive a warning prior to any enforcement action, unless the behavior is severe enough to warrant immediate intervention. Enforcement measures may include muting a participant’s audio or removal from the meeting platform when necessary to restore order. Where feasible, individuals who have been removed from a meeting may be permitted to rejoin, provided they agree to comply with meeting rules.
Importantly, the policy emphasizes that enforcement actions must be content–neutral and may not be based on a speaker’s viewpoint. This ensures continued compliance with both statutory requirements and constitutional protections. The policy also outlines the authority of the Mayor or Presiding Officer, in coordination with the City Clerk, to manage disruptions in real time while maintaining fairness and transparency.
Adoption of this policy will strengthen the City’s ability to conduct efficient and orderly meetings while safeguarding public participation rights. It also aligns the City’s practices with current state law, reduces ambiguity for staff, and minimizes potential legal exposure.
City–Provided Agenda Translations
SB 707 requires the City to provide the public with translation of City Council meeting agendas and instructions on participating in Public meetings, including on the City’s website, into “applicable languages” based on the most recent American Community Survey (ACS) census data of the population served. “Applicable languages” are defined as any language spoken jointly by 20 percent or more of an applicable population that speaks English less than “very well” according to ACS data.
Based on the criteria, Montclair’s population meets the threshold required for translation into Spanish, and the City will need to post City Council meeting agendas (not packets) in both English and Spanish starting July 1, 2026. These translations will be performed by staff in–house, and translated agendas will include instructions for participating in City Council meetings and requesting accommodations. Text on the City’s website, including those containing meeting participation instructions, can be translated into any language, including Spanish, using the website’s translation feature by clicking the earth symbol at the top right–hand side of the website and selecting the desired language from a drop–down list.
MONTCLAIR CITY COUNCIL MEETING – 06/01/2000 Page 117 of 195 Agendas for City Council meetings taking place after July 1, 2026, will be translated into Spanish and posted alongside the English agenda in all locations where the agenda is currently posted. Currently, agendas are poste at the north and south entrances to City Hall, and are posted on the City’s website.
Staff has recently replaced the physical bulletin board at the south entrance of City Hall with a digital bulletin board due to limited space on the physical board. The digital bulletin board rotates through the pages of the agenda and can display two pages at once. Staff intends to use this format to display each page of the agenda in both English and Spanish simultaneously.
Agenda Translations Provided by the Public
The City will also be required, beginning July 1, 2026, to make a physical location available for members of the public to post their own additional translations of the agenda in languages not provided by the City. It must be located within a reasonable distance from the physical location that City Council meeting agendas are posted. The law specifies that the City is not responsible or liable for the accuracy of translations or the content of agendas posted by the public.
City Council meeting agendas are currently posted on locked physical boards outside the north entrance to City Hall, and on the recently installed digital agenda posting board outside the south entrance from the parking lot. Staff will establish a designated area and method near one of the entrances to City Hall where the public can post translated agendas prior to the July 1, 2026 deadline. Staff is currently evaluating several options used by other cities to provide a location and method by which the public may post these agendas independently that would discourage and limit the public’s use for purposes other than the intended function of providing translated agendas.
Draft language for a notice to be provided with the public posting board is included as Attachment 1 to this agenda report.
List of Public Meeting Locations
SB 707 further requires all local agencies to “identify and make available to legislative bodies a list of one or more meeting locations that may be available for use by the legislative bodies to conduct their meetings.” This list is provided as Attachment 2, which includes information about the location’s amenities to assist legislative bodies with determining an appropriate alternative meeting location, if necessary.
Reasonable Language Assistance
The law provides that staff shall “reasonably assist” members of the public who wish to translate a public meeting into any language or wish to receive an interpretation provided by another member of the public, so long as it does not disrupt the meeting.
The City currently has a policy for addressing Title II ADA accommodation requests and must treat all requests for language assistance by those with low–English proficiency as ADA accommodation requests.
The City must also publicize how to request language assistance by July 1, 2026.
Assistance may include any of the following, as determined by the City Council:
• Arranging space for one or more interpreters at the meeting location. • Allowing extra time during the meeting for interpretation to occur.
MONTCLAIR CITY COUNCIL MEETING – 06/01/2000 Page 118 of 195 • Ensuring participants may utilize their personal equipment or reasonably access facilities for participants to access commercially available interpretation services.
Although the City is not legally required to provide interpretation services and is not responsible for the content or accuracy of any interpreted material, staff made efforts to accommodate a last–minute request for a Spanish interpreter at a recent City Council meeting. It became clear that additional time, equipment, systems, and resources are needed to effectively manage future requests. Staff is currently exploring options to address these needs.
Clear Procedure on Agendas for Requesting ADA Accommodations The Brown Act will now also require that all public agencies have and implement a clear procedure for receiving and swiftly resolving reasonable accommodation requests for individuals with disabilities, consistent with the Americans with Disabilities Act, and resolving any doubt in favor of accessibility. Requests may be made by any individual that participates in or conducts the meeting, such as members of the public, staff, and members of the legislative body.
The City currently has a policy for addressing Title II ADA accommodation requests and must treat all requests for language assistance by those with low–English proficiency as ADA accommodation requests. However, the existing process is not tailored for specific programs and requires requests to be submitted in writing to Human Resources and allows up to 30 days for a written response. Should a request be made for a meeting accommodation this way, it is possible that the City Clerk would not become aware of it in time to make an appropriate accommodation.
Because the legislature mandates prompt resolution of these requests, a policy specific to requests for language and ADA accommodations at public meetings is proposed, as such meetings may occur as soon as 72 hours after the agenda is posted. In addition to the required remote meeting disruption policy, proposed Resolution No. 26–3520 establishes a policy for responding to requests for language and ADA assistance at public meetings.
Instructions for making such requests will be provided on agendas beginning July 1, 2026, and will also be included on the Public Meeting page of the City’s website, which can be translated into any language using the translation tool on the website.
Encouraging Meeting Participation
In addition to the above, SB 707 requires the City to encourage residents, including those in underrepresented and non–English–speaking communities, to participate in public meetings. This includes:
• Maintaining a system for electronically accepting and fulfilling requests for meeting agendas and documents through email or through an integrated agenda management platform.
• Maintaining an accessible internet webpage dedicated to public meetings that provides information about public meetings and the steps to participate.
The law had already required fulfilling annual requests from members of the public to be provided with City Council meeting agendas and packets. Currently, requests made to the City Clerk with the requester’s email address are manually added to an agenda distribution email group in the City’s e–mail system. The City Clerk’s office sends emails MONTCLAIR CITY COUNCIL MEETING – 06/01/2000 Page 119 of 195 to the agenda distribution list when City Council agendas are posted, and recipients must reply to the emails to request removal from the distribution list if they no longer wish to receive the emails.
While the current process already complies with the requirement to accept and fulfill requests electronically, staff is reviewing several options to make the process more efficient and secure, such as email subscription services and working with the City’s website vendor to allow visitors to subscribe to automatically receive notifications by email when agendas are posted.
The City website’s current Public Meetings page (https://www.cityofmontclair.org/ departments/public-meetings/), which can be accessed from a link near the top of the City website’s homepage, already meets the new requirements for website accessibility and provision of meeting participation instructions into applicable languages. The entire website, including the page containing meeting participation instructions, can be translated into any language using the website’s translation feature.
FISCAL IMPACT: There would be no direct fiscal impact to the City’s General Fund related to City Council’s adoption of Resolution No. 26–3520 rescinding one policy and adopting the three policies, as outlined above.
There are minimal costs associated with taking the necessary measures to become compliant with the additional mandates of SB 707 by July 1, 2026. All immediate changes will utilize existing staff, currently–budgeted funds, and available meeting hardware and software.
Additional measures may be taken in the future to further enhance meeting accessibility and inclusion, including upgrades to the technology and ADA accommodations available in the City Council Chambers and other facilities that could be used for public meetings.
RECOMMENDATION: Staff recommends the City Council adopt Resolution No. 26–3520 rescinding the City of Montclair Policy Statement related to the discontinuation of remote public comments at public meetings; adopting policies and procedures for disruptions to remote public access and addressing disruptive behavior of remote participants during City Council meetings pursuant to Senate Bill 707 (Durazo) effective July 1, 2026; and adopting a policy implementing procedures to facilitate requests for accommodations at public meetings in compliance with the Ralph m. Brown Act and the Americans with Disabilities Act of 1990.
MONTCLAIR CITY COUNCIL MEETING – 06/01/2000 Page 120 of 195
CITY OF MONTCLAIR
NOTICE REGARDING TRANSLATED AGENDAS
CREATED AND POSTED BY THE PUBLIC
(Senate Bill 707 (2025), CA Gov. Code § 54953.4(c)(3) & (c)(4)) The City posts official agendas for City Council meetings in English and Spanish.
This bulletin board is designated solely for the public’s use and benefit for the posting of City Council meeting agendas translated into languages other than Spanish.
Translated agendas posted in this space are provided by members of the public.
The City does not verify, review, endorse, certify, or otherwise sanction the accuracy or completeness of any translation posted by the public. The official and legally controlling agendas are the English- and Spanish-language agendas prepared and posted by the City in accordance with the Ralph M. Brown Act.
This bulletin board may be used only for translated City Council agendas as specified above. Translated agendas will be removed by the City after the date of the corresponding City Council meeting, or immediately if the posting does not comply with the purpose of this board.
For official meeting agendas, notices, and participation information, please refer to the documents and information posted on the City's website at https://www.cityofmontclair.org/council-meetings/, or contact the City Clerk's Office at (909) 625-9416 / [email protected].
ATTACHMENT 1 MONTCLAIR CITY COUNCIL MEETING – 06/01/2000 Page 121 of 195 Revised May 21, 2026
SB 707 Accessible Meeting Location List
This document is intended to assist legislative bodies in identifying and maintaining accessible meeting locations in accordance with California Senate Bill 707 (SB 707), the Ralph M. Brown Act (Government Code Section 54953.8(c)), the Americans with Disabilities Act of 1990 (ADA), and other applicable accessibility requirements for public meetings.
All meeting locations have ADA–accessible entrances, restrooms and parking.
Accessible Meeting Location Inventory
Facility Name Address Building
Assistive
Listening
Devices
Audio–Visual
Technology
Hybrid Meeting
Capable
Maximum
Capacity
Responsible
Department
Council Chambers
5111 Benito Street
Montclair, CA 91763
City Hall Yes* Yes Yes 120
Administrative
Services
City Hall
Conference Room
5111 Benito Street
Montclair, CA 91763
City Hall No Yes Yes 29
Administrative
Services
Community Center
5111 Benito Street
Montclair, CA 91763
Gymnasium No No No 300 Human Services
Senior Center
5111 Benito Street
Montclair, CA 91763
Main Hall No Some No 150 Human Services
Theater
Conference Room
9955 Fremont Avenue
Montclair, CA 91763
West Side of
Library Building
No Yes Yes 49
Administrative
Services
*Provided Upon Request Pursuant to the City of Montclair Policy for Reasonable Accommodations at Public Meetings ATTACHMENT 2
MONTCLAIR CITY COUNCIL MEETING – 06/01/2000 Page 122 of 195 Resolution No. 26–3520 Page 1 of 2
RESOLUTION NO. 26–3520
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MONTCLAIR RESCINDING THE CITY OF MONTCLAIR POLICY
STATEMENT RELATED TO THE DISCONTINUATION OF REMOTE
PUBLIC COMMENTS AT PUBLIC MEETINGS; ADOPTING POLICIES
AND PROCEDURES FOR DISRUPTIONS TO REMOTE PUBLIC
ACCESS AND ADDRESSING DISRUPTIVE BEHAVIOR OF REMOTE
PARTICIPANTS DURING CITY COUNCIL MEETINGS PURSUANT
TO SENATE BILL 707 (DURAZO) EFFECTIVE JULY 1, 2026; AND AOPTING A POLICY IMPLEMENTING PROCEDURES TO FACILITATE REQUESTS FOR ACCOMMOATIONS AT PUBLIC MEETINGS IN COMPLIANCE WITH THE RALPH M. BROWN ACT AND THE
AMERICANS WITH DISABILITIES ACT OF 1990
WHEREAS, on March 16, 2020, the City Council declared a State of Local Health Emergency related to the COVID–19 pandemic; and
WHEREAS, at the start of the COVID–19 pandemic and during lockdown periods, the City of Montclair held public meetings exclusively via Zoom in a remote–only format; and
WHEREAS, during periods of low COVID–19 transmission when the California Department of Public Health lifted restrictions on large in–person gatherings, City of Montclair public meetings transitioned to a hybrid format, enabling participation from both in–person and remote attendees for public comments; and WHEREAS, during the COVID–19 pandemic, many public agencies experienced both an increased comfort level with virtual meetings and an increase in public participation; thus, many local agencies, including Montclair, continued to offer some form of virtual attendance option in addition to the in–person option; and WHEREAS, an unfortunate byproduct of virtual attendance is a phenomenon known as Zoom–bombing: the disruptive, uninvited intrusion into a video conference call, most commonly on Zoom, by anonymous individuals who typically hijack meetings to shout slurs, display lewd or offensive material, or spam the text chat, often with the intent to derail the meeting or harass attendees; and
WHEREAS, at the March 4, 2024 meeting of the City Council, approximately ten anonymous members of the public attending the hybrid meeting remotely and proceeded to make antisemitic, racist, homophobic, and other hate–filled comments when allowed to speak during the Public Comment portion of the agenda; and WHEREAS, in order to avoid a repeat of the Zoom–bombing incident at future City of Montclair public meetings featuring a virtual–session component, at its meeting on March 18, 2024, the City Council adopted the “City of Montclair Policy Statement Regarding the Discontinuation of Oral Public Comments from Online Participants During City–Hosted Video/Teleconference Sessions;” and
WHEREAS, since the policy was adopted, City Council meetings have been conducted in person, allowing only those physically present to provide public comments, while also broadcasting the meetings live on YouTube and Zoom to enable the public to observe the meetings remotely; and
WHEREAS, on October 3, 2025, Governor Newsom signed into law Senate Bill 707 (Durazo), which amended the Brown Act to diversify and increase public engagement in meetings of local legislative bodies; and
WHEREAS, among the various new requirements under Senate Bill 707 (“SB 707”), all City Councils of cities in California with populations greater than 30,000 must now offer hybrid meetings through a two–way telephonic or video platform; and WHEREAS, SB 707 requires the City to formally adopt a policy (“Teleconference Disruption Policy”) on or before July 1, 2026, that establishes the procedure for recessing and reconvening a City Council meeting in the event of disruption of remote participation, including the efforts that the City Council and staff shall make to attempt to restore the service; and
WHEREAS, the Teleconference Disruption Policy must be adopted by the City Council and cannot be adopted on a consent calendar; and MONTCLAIR CITY COUNCIL MEETING – 06/01/2000 Page 123 of 195 Resolution No. 26–3520 Page 2 of 2
WHEREAS, SB 707 also provides that the presiding member of the legislative body conducting a public meeting may remove, or cause the removal of, an individual for disrupting the meeting, including any teleconferenced meeting, provided the procedures meet the requirements of Government Code (GC) §§54957.95–96 of the Brown Act; and WHEREAS, GC § 54953.8(b)(8) of the Brown Act also requires legislative bodies to have and implement a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), resolving any doubt in favor of accessibility, and provide notice of the procedure on each meeting’s agenda.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Montclair does hereby find and determine as follows:
SECTION 1. The “City of Montclair Policy Statement Regarding the Discontinuation of Oral Public Comments from Online Participants During City– Hosted Video/Teleconference Sessions,” which was adopted by the City Council on March 18, 2024, is hereby rescinded.
SECTION 2. The policy titled, “City of Montclair Policy Disruption of Telephonic or Internet Service During City Council Meetings,” attached as Exhibit A, is adopted in compliance with SB 707 and the Brown Act.
SECTION 3. The policy titled, “City of Montclair Policy for Addressing Disruptive Behavior by Remote Participants During Public Meetings,” attached as Exhibit B, is adopted in compliance with the Ralph M. Brown Act.
SECTION 4. The policy titled, “City of Montclair Policy for Reasonable Accommodations for Public Meetings Subject to the Brown Act,” attached as Exhibit C, is adopted in compliance with the Ralph M. Brown Act and the Americans with Disabilities Act of 1990.
APPROVED AND ADOPTED this XX day of XX, 2026.
Mayor
ATTEST:
City Clerk
I, Andrea M. Myrick, City Clerk of the City of Montclair, DO HEREBY CERTIFY that Resolution No. 26–3520 was duly adopted by the City Council of said city and was approved by the Mayor of said city at a regular meeting of said City Council held on the XX day of XX, 2026, and that it was adopted by the following vote, to–wit:
AYES: XX
NOES: XX
ABSTAIN: XX
ABSENT: XX
Andrea M. Myrick
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 06/01/2000 Page 124 of 195
CITY OF MONTCLAIR
POLICY FOR DISRUPTION OF TELEPHONIC OR
INTERNET SERVICE DURING CITY COUNCIL MEETINGS
JUNE 2026
PURPOSE
The purpose of this policy is to establish procedures for responding to a disruption in the telephonic or internet services that provide two-way remote public access to meetings of the City Council, as required by the Ralph M. Brown Act (Gov. Code § 54953.4).
This policy applies only to hybrid meetings of the City Council. It does not apply to meetings of City Council Committees or Council-appointed boards and commissions.
POLICY STATEMENT
The City of Montclair is committed to ensuring that remote and hybrid meetings remain accessible, orderly, and open to public participation.
This policy pertains to telephonic or internet services that provide two-way remote public access to meetings of the City Council. This policy does not apply to one-way television broadcasts or one-way Internet streams of City Council meetings. The meeting may carry on if one or more oneway services are disrupted, so long as two-way remote public access is functioning.
This policy shall become effective on July 1, 2026.
PROCEDURES
I. Definitions
A. Remote Public Access
A method for those not physically present to connect to, observe, and participate in a meeting using two-way telephonic means or an internet- or smartphone app-based meeting platform (e.g. Zoom and Microsoft Teams).
B. Service Disruption
A disruption of telephonic or internet service that prevents members of the public from attending or observing the meeting remotely (via the two-way telephonic service or two-way audiovisual platform).
II. Presiding Officer Authority
The meeting’s Presiding Officer (Mayor, Chair, etc.) shall have the authority to maintain order and enforce this policy during meetings. The Presiding Officer may delegate administrative functions to the City Clerk and/or Information Technology Department to assist in managing the meeting.
III. Procedures in the Event of a Service Disruption
A. Response to Service Disruption
If the Presiding Officer or City Clerk becomes aware of a service disruption:
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CITY OF MONTCLAIR POLICY FOR DISRUPTION OF TELEPHONIC OR INTERNET SERVICE
DURING CITY COUNCIL MEETINGS
JUNE 2026
1. The Presiding Officer or Clerk shall immediately announce the disruption to the public.
2. The Presiding Officer shall then call for a recess of the meeting’s open session.
3. Staff shall begin efforts to diagnose and restore the disrupted service.
B. Closed Session During Service Disruption
A remote public access service disruption does not preclude the City Council from reconvening in a closed session that is part of the same meeting’s agenda during staff’s efforts to restore the service.
C. Efforts to Restore Service
The meeting’s open session shall remain in recess for at least one hour or until service is restored, whichever is sooner. The recess period may be extended if restoration efforts are ongoing.
City staff shall make good faith efforts to restore remote access services, which may include:
4. Troubleshooting platform or teleconferencing software
5. Resetting or replacing audiovisual equipment
6. Attempting alternative connection methods
7. Contacting necessary support staff or service providers
8. Switching to back-up equipment or platforms, if available The City Clerk shall document the restoration efforts undertaken.
IV. Reconvening the Open Session
A. Time Elapsed
The open session may be reconvened after at least one hour has elapsed from the time of disruption or as soon as service is restored, whichever occurs earlier.
B. Successful Service Restoration
If the remote access service is restored before or at the time the meeting reconvenes, the meeting shall continue as normal.
C. Remote Service Not Restored
If service has not been restored after one hour, the City Council may reconvene and:
EXHIBIT A MONTCLAIR CITY COUNCIL MEETING – 06/01/2000 Page 126 of 195
CITY OF MONTCLAIR POLICY FOR DISRUPTION OF TELEPHONIC OR INTERNET SERVICE
DURING CITY COUNCIL MEETINGS
JUNE 2026
9. Adjourn the meeting; or
10. Resume meeting in open session by adopting, by roll call vote, the following, or a substantially similar, finding:
“The City of Montclair has made good faith efforts to restore telephonic or internet service in accordance with City Policy, and the public interest in conducting this meeting outweighs the public interest in remote public access.” Upon adoption of a finding that the meeting should continue, the City Council may resume the open session despite the fact that two-way remote access services have not been restored.
V. Recordkeeping
A. Entry in Minutes of Meeting
The City Clerk shall enter a brief statement into the meeting’s minutes, including the following:
1. The nature and start time of the disruption
2. The time the meeting was reconvened (if applicable)
3. A summary of restoration efforts undertaken
4. Any finding adopted pursuant to Section III.A-2(b).
VI. Adoption, Review and Updates
A. Adoption
This policy was initially adopted pursuant to Resolution No. 26-3520, which was adopted by the City Council on June 1, 2026.
B. Future Amendments
The policy may be further amended by the City Council at any time at a noticed public meeting in open session. Staff will recommend changes in line with amendments to the Brown Act and as needed.
Amendments to this policy cannot be approved on a consent calendar.
C. Consistency with State and Federal Law
This Policy shall be interposed and applies in a manner consistent with all applicable laws, including California Senate Bill 707 (2025) and the Ralph M. Brown Act. If any provisions of this Policy conflict with State or federal law, the Law shall control.
EXHIBIT A MONTCLAIR CITY COUNCIL MEETING – 06/01/2000 Page 127 of 195
CITY OF MONTCLAIR
POLICY FOR ADDRESSING DISRUPTIVE BEHAVIOR BY
REMOTE PARTICIPANTS DURING PUBLIC MEETINGS
JUNE 2026
PURPOSE
The purpose of this policy is to protect the public’s right to participate in remote and hybrid meetings while ensuring meetings are conducted in a safe, orderly, respectful, and legally compliant manner. Disruptive conduct that materially interferes with the ability of the legislative body to conduct public business or with the public’s ability to participate may result in appropriate corrective action consistent with applicable law and constitutional protections.
POLICY STATEMENT
The City of Montclair is committed to ensuring that remote and hybrid meetings remain accessible, orderly, and open to public participation.
Any conduct by remote participants that materially disrupts, disturbs, or otherwise impedes the orderly conduct of a meeting or the ability of the public to participate may result in corrective action including removal from the meeting.
This policy shall become effective on July 1, 2026.
PROCEDURES
I. Definitions
A. Hybrid Meeting
A meeting that includes both in-person attendance and remote participation.
B. Remote Public Access
A method for those not physically present to connect to, observe, and/or actively participate in a meeting using two-way telephonic means or an internet- or smartphone app-based meeting platform (e.g. Zoom and Microsoft Teams).
C. Remote Participant
A person who is attending a meeting using remote means such as by calling into the meeting over a telephone or logging into the digital meeting platform.
D. Disruptive/Disrupting Behavior
Behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, one of the following:
• A failure to comply with reasonable and lawful regulations adopted by a legislative body pursuant to Section 54954.3 or any other law. • Engaging in behavior that constitutes use of force or a true threat of force.
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CITY OF MONTCLAIR POLICY FOR ADDRESSING DISRUPTIVE BEHAVIOR BY REMOTE PARTICIPANTS DURING PUBLIC MEETINGS (JUNE 2026)
E. True Threat of Force
A threat that has sufficient indicia of intent and seriousness, that a reasonable observer would perceive it to be an actual threat to use force by the person making the threat.
II. Presiding Officer Authority
The meeting’s Presiding Officer (Mayor, Chair, etc.) shall have the authority to maintain order during meetings and enforce this policy. The Presiding Officer may delegate administrative functions to the City Clerk and/or Information Technology Department to assist in managing the meeting.
III. Decorum and Order
Speakers must address the City Council as a whole and shall refrain from making impertinent, slanderous, or profane remarks that disrupt the peace of the meeting.
Disruption of the Peace may include:
• Use of profanity or threatening language that disrupts proceedings • Intentional background noise or audio interference
• Display of inappropriate, obscene, or offensive visual content • Speaking out of turn and interrupting speakers recognized by the Presiding Officer • Repeated attempts to speak outside of designated public comment periods • Use of malicious, automated, and/or coordinated means to disable, overwhelm, or otherwise disrupt the functionality of the meeting’s technology systems, and/or interfere with the public’s means to remotely access the meeting The Presiding Officer may remove any participants from a telephonic or audiovisual platform who are willfully disrupting the peace of the meeting.
Individuals not contributing to the disturbance of the orderly conduct of the meeting will be allowed to remain on the telephonic or audiovisual platform of the meeting.
IV. Enforcement of Decorum for Remote Participants
A. Warning
The Presiding Officer shall request that a person who is participating through telephonic or audiovisual platform and is breaching the rules of decorum be orderly and silent. If, after receiving a warning from the Presiding Officer, a person persists in disturbing the meeting, the Presiding Officer shall direct the participant to cease. The warning shall inform the participant that continued disruption may result in muting or removal from the meeting.
B. Enforcement Action
If the disruptive conduct continues after a warning, or if the conduct is severe, the Presiding Officer may take one or more of the following actions:
• Mute the participant’s audio
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CITY OF MONTCLAIR POLICY FOR ADDRESSING DISRUPTIVE BEHAVIOR BY REMOTE PARTICIPANTS DURING PUBLIC MEETINGS (JUNE 2026)