liable for compensation or indemnification to CHAMBER for injury or sickness arising out of performing services hereunder.
c. The CITY and the CHAMBER acknowledge that this Agreement is not a delegation of any public function of the CITY and that neither party will play an integral part in either party's decision–making process by reason of this Agreement.
ARTICLE 7 – DURATION
a. The initial term of this Agreement shall be for a period of one (1) year commencing July 1, 2026, and continuing through June 30, 2027; this AGREEMENT may be renewed annually.
b. Either party may terminate this Agreement upon ninety (90) days written notice to the other party.
c. Any notice required or allowed hereunder shall be in writing and sent by certified mail, return receipt requested, or in person with proof of delivery, to the address first listed above, or such other addresses as either party shall have specified by written notice to the other party delivered in accordance herewith.
ARTICLE 8 – NONDISCRIMINATION
a. The CHAMBER shall not discriminate against any employee or person served under this Agreement on account of race, color, sex, age, religion, ancestry, national origin, handicap, or marital status or as otherwise prohibited by applicable law.
ARTICLE 9 – MISCELLANEOUS
a. The CHAMBER acknowledges that the CITY, during any fiscal year, shall not expend money, incur any liability, or enter into any agreement which, by its terms, involves the expenditure of money in excess of the amounts budgeted or the reduction of revenues for those budgeted agreements that may be available for expenditure during such fiscal year. Any agreement, verbal or written, made in violation of this subsection is null and void; and no money may be paid on such agreement. Nothing herein contained shall prevent the making of agreement for a period of exceeding one year, but any agreement so made shall be executed only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Accordingly, the CITY's performance and obligation to pay under this Agreement is contingent upon annual appropriation.
b. The CHAMBER shall obtain and possess throughout the term of this Agreement all licenses and permits applicable to its operations under federal, state, and local laws.
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c. The CHAMBER shall at all times maintain its status as a private not–for–profit corporation, organized and created under the laws of the State of California.
If the CHAMBER should, during the term of this Agreement, lose its corporate or non-profit status, it shall immediately notify the City within ten (10) days of the event.
d. This Agreement may be modified or amended by mutual written agreement of the parties, duly executed by both parties.
e. This Agreement contains all the terms and conditions agreed upon by the parties.
f. This Agreement shall be governed and construed in accordance with the laws of the State of California. The venue of any legal action to enforce or interpret this Agreement shall be in San Bernardino County, California. g. This Agreement shall inure to the benefit of and shall be binding upon the parties hereto and their respective successors and assigns. h. In the event any provision of this Agreement shall be held invalid or unenforceable by a court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. i. If any party seeks to enforce or interpret this Agreement through litigation, each party shall bear its own attorney's fees and costs incurred. j. Each person executing this Agreement warrants that he or she has the authority to so execute this Agreement and that no further approval of any kind is necessary to bind the parties hereto.
k. The CHAMBER 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 CHAMBER shall at all times observe and comply with all such laws and regulations. The CITY and its officers and employees, shall not be liable at law or in equity occasioned by failure of the CHAMBER to comply with this Section.
l. 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 economic development activities during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or subagreement, or the proceeds thereof, for work to be performed in connection with the activities performed under this Agreement. m. CHAMBER agrees to defend, indemnify, and hold harmless the CITY, its officers, employees, agents, and volunteers from any and all liabilities for injury to persons and damage to property arising out of any act or omission of CHAMBER, its officers, employees, agents, or volunteers in connection with CHAMBER's performance of its obligations under this Agreement.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written.
"CITY" “CHAMBER”
City of Montclair Montclair Chamber of Commerce
5111 Benito Street 9916 Central Ave
Montclair, CA 91763 Montclair, CA 91763
(909) 626–8571 (909) 985–5104
CITY CHAMBER
By: By:
Javier John Dutrey, Mayor Steve Hammitt, Chair
Attest:
By:
Andrea M. Myrick, City Clerk
Approved as to Form:
By:
Diane E. Robbins, City Attorney
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 123 of 193
CITY COUNCIL
AGENDA REPORT
DATE: JULY 6, 2026
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 8
FILE I.D.: COC050
DEPT.: ECONOMIC DEV.
PREPARER: M. FUENTES
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 26–39 WITH HINDERLITER, DE LLAMAS
AND ASSOCIATES TO PROVIDE SERVICES RELATED TO THE LOCAL SALES AND USE
TAX REVENUE, SUBJECT TO ANY REVISIONS DEEMED NECESSARY BY THE CITY
ATTORNEY
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 26–39 with Hinderliter, de Llamas and Associates to provide ongoing sales and use tax reporting, economic analysis, and allocation and audit recovery services to help the City monitor, forecast, and maximize the local sales and use tax revenue allocated to the City by the California Department of Tax and Fee Administration (CDTFA).
Proposed Agreement No. 26–39 is attached for City Council review and consideration.
BACKGROUND: The City receives a share of the sales and use tax collected within its boundaries under the Bradley–Burns Uniform Local Sales and Use Tax Law, which is collected and allocated to the City by the CDTFA. To monitor this revenue, identify and correct misallocations, and support revenue forecasting and economic development planning, the City contracts for professional sales and use tax services. The City currently pays $700 per month for sales tax services and $200 per month for transactions tax services, for a combined total of $900 per month.
Hinderliter de Llamas and Associates (HdL) is a recognized statewide leader in providing sales and use tax, transactions tax, and related revenue management services to California cities and public agencies. HdL maintains proprietary software and CDTFA registration and allocation databases that allow it to analyze a city’s sales tax base, identify reporting and allocation errors, and recover previously unrealized or misallocated tax revenue on the City’s behalf.
Scope of Services
Under the proposed Master Services Agreement and Schedule A (Premium Services – Sales and Use Tax), HdL would provide the following services:
• Sales and Use Tax and Economic Analysis: Maintain a quarterly–updated database of the City’s CDTFA–registered business outlets; provide quarterly reports identifying changes in allocation totals by business, group, and category; provide quarterly economic and retail trend analysis to support budget forecasting; and deliver a quarterly presentation led by an HdL Sales Tax Principal. • Allocation and Audit Recovery Services: Conduct sales and use tax audits to identify and correct allocation errors, coordinate with the CDTFA and affected businesses, and recover back–quarter and prospective tax revenue owed to the City. • Consulting and Optional Services: Provide as–requested staff training, public and technical presentations, tax revenue projections, ballot measure estimates, and other sales, use, and transactions tax consulting at the rates set forth in the agreement.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 124 of 193 As required by Section 7056 of the California Revenue and Taxation Code, the City must adopt a resolution authorizing HdL to examine the City’s confidential CDTFA sales and use tax records and designating HdL personnel as authorized examiners. Staff recommends adopting that resolution in connection with this agreement. The agreement provides for an initial term of five (5) years, with two optional twelve–month renewal terms.
FISCAL IMPACT: Under Schedule A, the sales and use tax and economic analysis services would be provided for an initial fee of $917 per month ($11,004 annually), invoiced quarterly and subject to an annual adjustment based on the Consumer Price Index for All Urban Consumers (CPI–U). This represents an increase of $17 per month ($204 annually) over the City’s current combined cost of $900 per month for sales and transactions tax services. The proposed and current costs are summarized below.
Service Monthly Annual
Current – Sales tax services $700.00 $8,400.00
Current – Transactions tax services $200.00 $2,400.00
Current total $900.00 $10,800.00
Proposed – HdL sales and use tax
services $917.00 $11,004.00
Net change +$17.00 +$204.00
In addition to the monthly fee, allocation and audit recovery services are provided on a contingency basis at 18% of all new, increased, and recovered sales and use tax revenue that HdL identifies and recovers for the City. This fee is paid only from revenue the City would not otherwise have received, and is therefore self–funding and revenue–positive to the City.
RECOMMENDATION: Staff recommends the City Council approve Agreement No. 26– 39 with Hinderliter, de Llamas and Associates to provide services related to the local sales and use tax revenue, subject to any revisions deemed necessary by the City Attorney.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 125 of 193 Agreement No. 26-39
MASTER SERVICES AGREEMENT
THIS MASTER SERVICES AGREEMENT (this “Agreement”) is entered into as of July 1, 2026 (the “Agreement Date”) by and between Hinderliter de Llamas and Associates (“Consultant”), and City of Montclair (“Client”), which is located within the state of California (the “State”).
W I T N E S S E T H:
WHEREAS, Consultant is engaged in the business of providing consulting, software and other services that help public agencies understand and maximize their collection of sales, use and transactions taxes, business license taxes, property and lodging taxes, and other revenues, as well as their delivery of public services (collectively, “Consultant’s Business”); and WHEREAS, Client desires to contract with Consultant to obtain one or more of the services included within Consultant’s Business (as provided for in Section 1) upon the terms and conditions contained in this Agreement;
WHEREAS, Consultant desires to contract with Client to render such services upon the terms and conditions contained in this Agreement.
NOW THEREFORE, in consideration of the covenants and promises contained herein, Client and Consultant mutually agree as follows:
1. Services.
1.1 Consultant will perform those services included within Consultant’s Business that are described in any and all schedule(s) referencing this Agreement and signed by Client and Consultant as of the Agreement Date or hereafter (individually and collectively, the “Schedule(s)”), upon the terms and conditions contained in this Agreement (including the Schedules) (such services are, collectively, the “Services”). In performing the Services, Consultant is acting as an independent contractor (and not as an agent or employee of Client).
1.2 Client acknowledges and agrees that any other public agency (including, without limitation, any participating government agency) located within or outside of the State (e.g., city, municipality, county, district, public authority or other political subdivision) may procure services for fees and other terms and conditions that are substantially similar to any of the Services, Fees and other terms and conditions set forth in this Agreement, provided that such other public agency executes a separate agreement with Consultant wherein the services rendered to such other public agency, the fees payable by such other public agency, and the other terms and conditions of such separate agreement are the responsibility of Consultant and such other public agency and not Client.
1.3 This Agreement does not limit the right of Consultant to enter into additional contracts with Client or to contract with third parties to provide them with merchandise or services of any kind whatsoever, including, but not limited to, services similar to the Services. During the Term of this Agreement, Client will not, directly or indirectly (except through Consultant), engage any third party to provide the Services or any services similar to the Services.
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2. Fees. As compensation for performing the Services, Client will pay Consultant the fees, costs and expenses as described in the Schedules (individually and collectively these fees and costs are, the “Fees”). Consultant may perform the Services using professionals from its staff or Consultant’s affiliated entities, and such Services will be invoiced to Client under the same terms applicable to Consultant’s staff. Consultant may increase the Fees from time to time (including, without limitation, as may be described in any of the Schedules). Other than a Fee increase as described in the Schedules, Client may notify Consultant of a request that such Fee increase be modified or revoked and, if Consultant fails to do so to Client’s satisfaction within thirty (30) days after the receipt of such request, Client may terminate this Agreement without cause pursuant to Section 7.3.
3. Invoices; Payment.
3.1 Consultant will invoice Client for the Fees earned and/or incurred by Consultant pursuant to this Agreement.
3.2 Invoices are due and payable upon receipt. Interest will begin to accrue on the thirty-first (31st) day following the invoice date on all unpaid balances at a rate of one and onehalf percent (1½%) per month, or the maximum rate permitted by law, whichever is less. Payments will first be credited to interest and then to principal. In the event that Client disputes an invoice, only that portion so disputed in good faith will be withheld from payment, and the undisputed portion must be timely paid. Interest will accrue on any disputed portion of the invoice not timely paid and will be payable immediately if the disputed invoice is resolved in favor of Consultant.
3.3 If Client fails to fully pay an invoice within 30 days after the invoice date, Consultant may, after giving five (5) days’ prior written notice to Client, suspend the rendering of Services under this Agreement until said invoice is paid in full, together with all interest that has accrued thereon. In the event of such a suspension of Services, Consultant will have no liability to Client for any delays or damages arising therefrom.
4. Insurance. Throughout the term of this Agreement, Consultant will maintain the following insurance in not less than the referenced amounts: (a) workers compensation and employers liability insurance as may be required by the State; (b) property damage liability of $1,000,000 per incident; (c) bodily injury liability of $1,000,000 per incident; and (d) professional liability for any errors or omissions of $1,000,000.
5. Client Support.
5.1 Client will promptly provide in writing to Consultant all data and other information relating to or which may be necessary for Consultant’s performance of the Services.
Without limiting the foregoing, Client will keep Consultant informed on a timely basis in writing as to the existence and amendments of the laws, ordinances and/or regulations under which Consultant is performing the Services (including any adopted by Client). Consultant will be permitted to rely on the accuracy, timeliness and completeness of the information provided by Client, and in no event will Consultant be liable to Client or others as a result of such reliance.
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5.2 Client will examine all of Consultant’s reports, specifications, notices, proposals and other documents. In the event that Consultant asks for a decision from Client in order for Consultant to perform the Services, Client will render such decision in writing in a timely manner.
5.3 Promptly following any request from Consultant, Client will adopt and maintain in full force and effect resolutions in forms acceptable to Client and in accordance with applicable law authorizing Consultant to examine the confidential sales tax and other relevant records of Client throughout the Term and, for so long as any Fees are still accruing pursuant to this Agreement, after the Term.
5.4 Client will assist Consultant in obtaining such licenses, permits and approvals as may be required by law for performing the Services, and Client will pay all fees, assessments and taxes related to the application, issuance and maintenance thereof.
5.5 The Services do not include services to support, prepare, document, bring, respond to subpoenas, act as a witness, defend or otherwise assist in litigation undertaken or defended by Client, which Consultant may be required by legal process or otherwise or requested by Client to provide (collectively, “Litigation Services”). In this regard, if Consultant agrees with Client or is otherwise required to perform Litigation Services, Client will promptly pay or reimburse Consultant for all of Consultant’s costs and expenses related to Litigation Services (including, without limitation, Consultant’s attorneys’ fees and costs) at Consultant’s actual cost, plus ten percent (10%) thereof (all of which are deemed to be additional Fees).
6. Confidentiality; Software Use and Warranty; Records.
6.1 Consultant will comply with the requirements of the applicable laws, ordinances and/or regulations of which it has been informed by Client pursuant to Section 5.1 concerning the confidentiality of tax records. Consultant may publicly state that it performs Services for Client.
6.2 As used herein, the term “proprietary information” means all information, techniques, processes, services or material that has or could have commercial value or other utility for Consultant or in Consultant’s Business, including without limitation, (i) software, computer or data processing programs; (ii) data processing applications, routines, subroutines, techniques or systems; (iii) desktop or web-based software; (iv) audit, tax or fee collection/administration or business processes, methods or routines; (v) marketing plans, analyses and strategies; (vi) materials, techniques and intellectual property used; and (vii) the Software and the Software’s documentation. Except as otherwise required by law, Client must hold in confidence and may not use (except as expressly authorized by this Agreement) or disclose to any other party any proprietary information provided, learned of or obtained by Client in connection with this Agreement. The terms of this Section 6.2 do not apply to information that is public information; provided, however, that proprietary information will not qualify as public information if it became public due to Client’s (or its employees’ or agents’) disclosure.
6.3 If access to any software which Consultant owns is provided to Client as part of the Services under this Agreement (including, without limitation, if Client chooses to subscribe MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 128 of 193 Agreement No. 26-39
to such software and/or related reports as part of the Services pursuant to a Schedule to this Agreement) (such Consultant-owned software is, collectively, the “Software”), Consultant hereby provides a limited, non-exclusive, non-transferable license to Client (including such of Client’s staff as may be designated from time to time by Client and approved by Consultant in writing) to use the Software pursuant to and during the Term of this Agreement.
6.4 The Software must only be used by such authorized Client staff, and Client must not sublicense, sublet, duplicate, modify, decompile, reverse engineer, disassemble, or attempt to derive the source code of the Software. The license granted hereunder does not imply ownership by Client or any of Client’s staff of the Software nor any rights of Client or any of Client’s staff to sublicense, transfer or sell the Software, or rights to use the Software for the benefit of others. Client may not create (or allow the creation of) any derivative work or product based on or derived from the Software or the Software’s documentation, nor modify (or allow the modification of) the Software or the Software’s documentation without the prior written consent of Consultant. In the event of a breach of this provision (and without limiting Consultant’s remedies), such modification, derivative work or product based on the Software or the Software’s documentation is hereby deemed assigned to Consultant. Upon termination of this Agreement or this Software license, this Software license will be deemed to have expired and Client must immediately deactivate, cease using and remove, delete and destroy all the Software (including, without limitation, from Client’s computers and network). Consultant warrants that the Software will perform in accordance with the Software’s documentation.
6.5 Notwithstanding anything to the contrary in this Agreement (including any Schedule hereto), if access to any software which Consultant does not own is provided to Client as part of the Services pursuant to this Agreement (including pursuant to any Schedule hereto), Client hereby agrees (i) to comply with all of the terms and conditions imposed on Client’s access to such software (including, without limitation, by Consultant, such software’s owner, and pursuant to applicable law), and (ii) Consultant has no obligation during the Term of this Agreement or thereafter to provide Client with access to such software.
6.6 All documents, preliminary drafts, communications and any and all other work product related to the Services and provided by Consultant to Client either in hard copy or electronically are the joint property of Client and Consultant. This does not include the Software or any other software, any programs, any methodologies or any systems used in the creation of such work product, nor does it include any drafts, notes or internal communications prepared by Consultant in the course of performing the Services that were not otherwise provided to Client in either hardcopy or electronic form, all of which may be protected by Consultant or third party copyrights or other intellectual property and remain Consultant’s or such third parties’ exclusive property (as the case may be). It is possible that any documents, drafts, communications or other work product provided to Client may be alleged to be public records under applicable law and/or may be discoverable through litigation. Well in advance of when Client may disclose such information in response to any request for public records, Client must notify Consultant in writing about the request and, if Consultant requests it, Client must apply for any potential exemption from disclosure that may exist under applicable law.
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6.7 Subject to applicable law, Consultant is responsible for retaining all final documents and other final work product related to the Services for a period of not less than three (3) years from the date provided to Client. Retention of any other documents, preliminary drafts, communications and any and all other work product provided to Client by Consultant is the responsibility of Client. Consultant has no responsibility to retain any drafts, notes, communications, emails or other writings created or received by Client in the course of performing the Services (other than the final documents and other final work product related to the Services and provided to Client for the term of years referenced above).
7. Term and Termination.
7.1 The initial term of this Agreement commences as of the Agreement Date and, unless terminated earlier pursuant to any of this Agreement's express provisions, will continue in effect for five (5) years from such date (the “Initial Term”). This Agreement may be renewed for two twelve (12) month terms unless earlier terminated as set forth in Section 7.2 or 7.3 (each a “Renewal Term” and, collectively, together with the Initial Term, the “Term”).
7.2 This Agreement may be terminated by either party for cause upon not less than forty-five (45) days’ prior written notice given to and received by the other party, if the other party has materially breached this Agreement through no fault of the notifying party and fails to (i) commence correction of such material breach within thirty (30) days of receipt of the abovereferenced written notice and (ii) diligently complete the correction thereafter.
7.3 In addition, either party may terminate this Agreement without cause upon not less than one hundred twenty (120) days’ prior written notice to the other party.
7.4 On termination, Client will pay Consultant for all Fees and other compensation (including for Litigation Services) earned and/or incurred through the termination date and will thereafter timely pay Consultant for all other Fees and compensation to which Consultant may be entitled pursuant to this Agreement (including the Schedules hereto).
8. Indemnification.
8.1 Consultant, on behalf of itself and its directors, officers, employees, agents, direct and indirect equity holders, and affiliates (collectively, “Consultant Group”), agrees to fully and promptly protect, indemnify, reimburse and hold harmless Client, its directors, officers, employees, agents, direct and indirect equity holders, and affiliates (collectively, “Client Group”), from and against any and all liabilities, losses, claims, damages, personal injuries, death, expenses, and costs (including, without limitation, for attorneys’ fees and costs) (each, a “Liability”, and collectively, “Liabilities”) which are the direct or indirect result of (a) any breach of any representation, warranty or covenant made by or given on behalf of Consultant under this Agreement, or (b) any gross negligence or willful misconduct on the part of any one or more of Consultant Group.
8.2 Client, on behalf of itself and the other members of Client Group, agrees to fully and promptly protect, indemnify, reimburse and hold harmless Consultant and the other members of Consultant Group from and against any and all Liabilities which are the direct or indirect result of (a) any breach of any representation, warranty or covenant made by or given on behalf of Client MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 130 of 193 Agreement No. 26-39
under this Agreement, or (b) any action or failure to act on the part of any one or more of Consultant Group where such action or failure to act was in good faith believed by any of Consultant Group at the time to be in conformity with this Agreement, or (c) otherwise related to or arising out of any act or omission by any one or more Client Group. In this regard, Client hereby acknowledges that it is responsible for instructing Consultant regarding Consultant’s performance of Services under this Agreement, as well as the interpretation and meaning of the ordinances and/or regulations under which Consultant is performing Services under this Agreement.
8.3 Promptly after any member of Client Group or any member of Consultant Group (in each case, the “Indemnified Group”) receives notice of the commencement of any proceeding for which Client or Consultant (as the case may be) intends to make a claim for indemnification under this Agreement, it should notify the other party (the “Indemnifying Party”), but the failure to so notify will not result in the loss of any rights of any of the Indemnified Group to indemnification hereunder except to the extent that the Indemnifying Party does not otherwise become aware of such proceeding and is actually adversely affected thereby to a material extent. The Indemnifying Party will assume the defense of the Indemnified Group (including the employment of legal counsel reasonably satisfactory to the Indemnified Group) and payment of such counsel’s fees and disbursements (including retainers). Should the Indemnified Group reasonably determine that separate counsel is necessary (whether due to the existence of different defenses, potential conflicts of interest or otherwise), or if the Indemnifying Party has not assumed the defense, then any of the Indemnified Group may employ separate legal counsel, and the Indemnifying Party will pay such counsel’s reasonable fees and disbursements as incurred (including retainers). The obligations of defense and indemnification under this Agreement apply, without limitation, to those situations where someone brings a cross claim for indemnity or contribution against any one or more of the Indemnified Group.
8.4 Neither Consultant nor Client shall, without the other party’s prior written consent, settle, compromise or consent to the entry of any judgment in any pending or threatened claim, action, or proceeding or investigation in respect of which indemnification could be sought hereunder (whether or not any of the other party or any other member of the Indemnified Group is an actual or potential party to such claim, action or proceeding or investigation), unless such settlement, compromise or consent includes an unconditional release of the other party and any other member of the Indemnified Group from all liability arising out of such claim, action, proceeding or investigation and includes an explicit disclaimer of responsibility of any kind on the part of the other party and any other member of the Indemnified Group.
9. Liability Limitations; Governing Law; Dispute Resolution.
9.1 To the maximum extent permitted by law and notwithstanding anything to the contrary in this Agreement:
9.1.1 Except for Consultant’s gross negligence or willful misconduct in connection with the performance of its obligations under this Agreement, Client’s sole and exclusive remedies for any breaches of Consultant’s obligations under this Agreement (including, without limitation, for any breaches relating to the Services or the Software, including any breaches of warranty, express or implied) (i) are limited to making reasonable and necessary repairs, replacements or corrections without additional cost to the Client, and (ii) will not exceed, MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 131 of 193 Agreement No. 26-39
under any circumstances, the amount of the Fees paid by Client to Consultant for the twelve-month period prior to the alleged breaches, calculated without reference to any payments constituting the payment of costs or expenses. All amounts paid to Consultant hereunder are deemed first to be for the reimbursement of costs or expenses and then any excess will be regarded as payments for other portions of the Fees under this Agreement. Any references to breaches of this Agreement will include any supplements, additions or amendments to this Agreement.
9.1.2 Except as may otherwise be expressly set forth in this Agreement, Consultant makes no warranty of any kind with respect to the Services or the Software, express or implied. Consultant hereby disclaims all other warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title and non infringement.
Consultant disclaims all warranties and responsibility for third party software.
9.1.3 In no event will any of Consultant Group be liable for any lost revenues or lost profits, or any special, incidental, or consequential damages of any nature whatsoever, even if such restrictions deprive one or more remedies of their essential purpose. This damage exclusion is independent of any remedies provided for herein.
9.1.4 None of Consultant Group will have any Liability (whether direct or indirect, in contract or tort or otherwise) related to, arising out of, or in connection with this Agreement or to any of Client Group acting on any advice given or opinion rendered by any of Consultant Group, except to the extent that such Liability is found by a court of competent jurisdiction in a judgment which has become final and that it is no longer subject to appeal or review to have resulted solely from such Consultant Group’s willful misconduct or gross negligence.
9.1.5 No claim may be brought by Client against any one or more of Consultant Group arising out of this Agreement (including, without limitation, in connection with the Services or the Software) more than one year after the date on which such claim arose (regardless of the date when Client may have discovered a basis for the claim).
9.1.6 Client acknowledges that this Agreement is with Consultant in its capacity as a corporation or a limited liability company, and Client agrees that in no event will it seek to hold any of the Consultant Group (other than Consultant) responsible for any Liabilities.
9.2 The law of the State will govern the validity of this Agreement, its interpretation and performance, and any other claims related to it, without regard to the State’s conflict of laws rules. Venue for any legal action arising out of this Agreement will be proper only in the State courts or the federal courts located within the State. The parties hereby submit to the exclusive jurisdiction of such courts and waive any other venue to which either party might be entitled by domicile or otherwise.
9.3 If either party is required to bring legal action to enforce its rights under this Agreement or as the result of a breach of this Agreement, the costs and expenses of the prevailing party, including reasonable attorneys’ fees, will be paid by the non-prevailing party.
9.4 A breach of this Agreement by either party may cause the other party hereto irreparable harm, the amount of which may be difficult to ascertain, and therefore such other party will have the right to apply to a court of competent jurisdiction for specific performance and/or an order restraining and enjoining any further breach and for such other relief as such other party may MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 132 of 193 Agreement No. 26-39
deem appropriate. Such right is in addition to the remedies otherwise available to such other party at law or in equity. The parties hereto expressly waive the defense that a remedy in damages will be adequate and any requirement in an action for specific performance or injunction hereunder for the posting of a bond.
10. General Legal Provisions.
10.1 Authorization to Proceed. Each Schedule must be signed by both Client and Consultant before such Schedule will be binding on the parties hereto.
10.2 Force Majeure. Consultant is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, epidemics, pandemics or other health emergencies, or other events beyond the control of Consultant.
10.3 Amendment; Waiver. Any provisions of this Agreement (including, without limitation, any Schedules or provisions within any Schedules) may be amended or terminated if in writing and signed by both Client and Consultant. No waiver by any party of any default, misrepresentation or breach of warranty or covenant hereunder, whether intentional or not, will be deemed to be valid unless acknowledged by such party in writing, and such waiver will not extend to any prior or subsequent default, misrepresentation or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
10.4 Severability and Survival. If any provision in this Agreement is held illegal, invalid or unenforceable, the enforceability of the remaining provisions will not be impaired thereby. Notwithstanding any other provisions of this Agreement (including, without
limitation, Section 7), Sections 3, 5.5, 6, 7, 8, 9 and 10 will survive the termination of this Agreement.
10.5 No Third-Party Beneficiaries; Services Limited to Agreement. Except as set forth in Section 8, this Agreement gives no rights or benefits to anyone other than Client and Consultant and has no third-party beneficiaries. The Services to be performed for Client by Consultant are defined solely by this Agreement (including the Schedules), and not by any other contract or agreement that may be associated with performing the Services.
10.6 Assignment. This is a bilateral personal services agreement. Neither party will have the power to or will assign any of the duties or rights or any claim arising out of or related to this Agreement, whether arising in tort, contract or otherwise, without the written consent of the other party. Any unauthorized assignment is void and
unenforceable. This Agreement is binding on the successors and MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 133 of 193 Agreement No. 26-39
assigns of the parties hereto. Notwithstanding anything to the contrary, Consultant may, from time to time, utilize one or more third parties to provide certain of the Services (including, but not limited to, as may be set forth in one or more of the Schedules).
10.7 Notices. All notices under this Agreement must be in writing and will be deemed to have been given when such notice is received (i) from United States Postal Service First Class Certified Mail, Return Receipt Requested, (ii) by courier service, or (iii) by email; provided, however, that notices received on a weekend or holiday or on a business day after 4:00 p.m. local time will be deemed to have been received on the next business day. Notices will, unless another address is specified in writing, be sent to the addresses indicated below (each of which must include a street address and an email address): Consultant: 120 S. State College Blvd.#200, Brea, CA 92821, Attn: Contracts, Email: [email protected]; and Client: P.O Box 2308 | 5111 Benito Street Montclair, CA 91763 Montclair, CA 91763, Attn: Finance Analyst, Email:
[email protected].
10.8 Entire Agreement; Conflict. This Agreement (which includes any Schedules or amendments dated as of the Agreement Date or hereafter, including without limitation, amendments of the main body of this Agreement or the Schedules that may add to, subtract from, modify or clarify the Term, the scope of Services and/or the amount of Fees) constitutes the entire agreement between the parties and supersedes any prior understandings, agreements, or representations by or between the parties, written or oral, to the extent they relate in any way to the subject matter hereof. Should there ever be a conflict between the terms and conditions of any Schedules and the remainder of this Agreement as set forth in the main body of this Agreement, the terms and conditions of the remainder of this Agreement as set forth in the main body of this Agreement will prevail and be controlling; provided, however, that should there ever be a conflict between the terms and conditions of this Agreement (including any Schedules) and (i) any amendments hereof, the terms and conditions of the amendments hereof will prevail and be controlling, and (ii) the terms and conditions of any Schedule that expressly provides for them to supersede any terms and conditions of the main body of this Agreement, such terms and conditions of such Schedule will prevail and be controlling.
10.9 Counterparts; Electronic Signatures; Authority. This Agreement may be signed in any number of counterparts, each of which will constitute an original and all of which, when taken together, will constitute one agreement. Any signed signature pages of this Agreement transmitted by email or other electronic means in a portable document format (PDF) or other clear and visible electronic format will have the same legal effect as an original. Each of the persons signing on behalf of a party hereto represents that he or she has the authority to sign this Agreement on such party’s behalf.
10.10 No Adverse Construction. Both parties acknowledge having had the opportunity to participate in the drafting of this Agreement. This Agreement will not be construed against either party based upon authorship. The section headings contained in this Agreement are inserted for convenience only and will not affect in any way the meaning or interpretation of this Agreement.
[Signatures on the following page]
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 134 of 193 Agreement No. 26-39
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement through their duly authorized representatives as of the Agreement Date.
CLIENT CONSULTANT
By: By:
Javier John Dutrey, Mayor Andrew Nickerson, President/CEO Hinderliter de Llamas and Associates
Attest:
By:
Andrea M. Myrick, City Clerk
Approved as to Form:
By:
Diane E. Robbins, City Attorney
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 135 of 193 Agreement No. 26-39
SCHEDULE A
PREMIUM SERVICES – Sales and Use Tax
1. Sales and Use Tax and Economic Analysis/Reports
1.1. Establish a special database with California Department of Tax and Fee Administration (“CDTFA”) registration data for businesses within applicable district boundaries holding seller’s permit accounts.
1.2. Consultant shall make available to CITY the HdL proprietary software program and database containing all applicable registration and quarterly allocation information for CITY business outlets registered with the Department of Tax and Fee Administration. The database will be updated quarterly.
1.3. Consultant shall provide updated reports each quarter identifying changes in allocation totals by individual businesses, business groups and by categories. Quarterly aberrations due to State audits, fund transfers, and receivables, along with late or double payments, will also be identified.
1.4. Following each calendar quarter shall provide a summary analysis for City to share with Council Members, Chamber of Commerce, other economic development interest groups and the public that analyze City’s sales tax trends by major groups without disclosing confidential individual tax records.
1.5. Provide periodic updated reports endeavoring to identify and assist with budget forecasting including (i) changes in allocation totals by individual businesses, business groups and categories, and (ii) aberrations due to State audits, fund transfers, and receivables, along with late or double payments.
1.6. Consultant shall provide a presentation led by an HdL Sales Tax Principal discussing latest sales tax results, emerging retail trends, business retention needs, leveraging of economic clusters and reviewing successes in client jurisdictions with similar characteristics. This presentation will occur following each calendar quarter.
2. Allocation and Audit Recovery Services
2.1. Conduct (when mutually agreed with City) initial and on-going sales and use tax audits of businesses to help identify and correct allocation errors, and to proactively affect favorable registration, reporting or formula changes thereby generating previously unrealized sales and use tax income for the City and/or recovering misallocated tax from registered taxpayers. Common errors that will be monitored and corrected include but are not limited to: transposition errors resulting in misallocations; erroneous consolidation of multiple outlets; misreporting of “point of sale” to the wrong location; delays in reporting new outlets; misallocating use tax payments to the allocation pools or wrong jurisdiction; and erroneous fund transfers and adjustments.
2.2. Initiate contacts with sales, management and accounting officials in companies that have businesses where a probability of error exists to endeavor to help verify whether current tax receipts accurately reflect the local sales activity. Such contacts will be conducted in a professional and courteous manner.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 136 of 193 Agreement No. 26-39
2.3. Prepare and submit to the CDTFA information for the purpose of correcting any identified allocation errors, and follow-up with individual businesses and the CDTFA to promote recovery by the City of back or prospective quarterly payments that may be owing.
2.4. If, during the course of its audit, Consultant finds businesses located in the City’s jurisdiction that are properly reporting sales and use tax but have the potential for modifying their operation to provide an even greater share to City, Consultant may so advise City and collaborate with those businesses and City to encourage such changes.
3. Consulting and Other Optional Services
Consultant may from time to time in its sole discretion, consult with City’s staff, including without limitation, regarding (i) technical questions and other issues related to sales, use and transactions tax, (ii) utilization of reports to enhance business license collection efforts, (iii) sales tax projections for proposed annexations, economic development projects and budget planning, (iv) negotiating/review of tax sharing agreements, (v) establishing purchasing corporations, (vi) meeting with taxpayers to encourage self-assessment of tax obligations, and (vii) other sales, use or transactions tax revenuerelated matters.
FEES – Sales and Use Tax Services
4. Sales and Use Tax and Economic Analysis/ Reports
4.1. Fees for performing the sales tax and economic analysis Services as described above shall initially be $917 per month, commencing with the month of the Effective Date (hereafter referred to as “monthly fee”). The monthly fee shall be invoiced quarterly in arrears, and shall be paid by City no later than 30 days after the invoice date.
4.2. Consultant will increase the non-hourly Fees established above once a year with reference to the 12-month percent change in the most recently published annual Consumer Price Index for All Urban Consumers (CPI-U), as reported by the U.S. Bureau of Labor Statistics (the “CPI Change”).
5. Allocation and Audit Recovery Services
5.1. Fees for performing the allocation and audit recovery Services described above shall be 18% of all new, increased and recovered sales and use tax revenue received by the City as a result, in whole or in part, of the allocation audit and recovery services (hereafter referred to as “audit fee”).
The fee shall be paid notwithstanding any related City assistance, work in parallel, and/or incurrence of attorneys’ fees or other costs or expenses in connection, with the relevant Services.
5.2. The Fee described above include, without limitation, State fund transfers received for back quarter reallocations and monies received in the second eight (8) consecutive reporting quarters following completion of Consultant’s allocation audit and confirmation of the corrections by the CDTFA.
5.3. These Fees shall be paid by City upon Consultant’s submittal of evidence of Consultant’s relevant Services in support thereof, including, without limitation, copies of relevant communications between Consultant and the CDTFA and/or taxpayers.
ADDITIONAL TERMS – Sales, Use and Transactions Tax Services
6. Consulting and Other Optional Services
6.1. Fees for performing other optional services are described below:
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 137 of 193 Agreement No. 26-39
6.1.1. Fees for performing City Staff training, public representation, or technical seminars for elected officials shall be $3,000 for one-time service and $2,000 for recurring service
6.1.2. Fees for performing transactional tax ballot measure estimates shall be $2,600 per report.
6.1.3. On-site travel to the city shall be $2,600 plus any associated travel expenses per visit
6.1.4. Incremental non-core packet reporting shall be $2,600 for a one-time report and $700 for recurring reporting service
6.2. Any other consulting and optional Services not listed shall be based on the following initial hourly rates: (i) Principal - $325; (ii) Programmer - $295; (iii) Senior Analyst - $245; and (iv) Analyst - $195
7. General Provisions Relating to Fees
7.1. Fees for travel and lodging expenses will be invoiced at cost and applied to all meetings (including implementation, training, operations and support). Travel expenses only apply to out of scope travel and must therefore be pre-approved by City.
7.2. Fees will be invoiced monthly to City for Services performed during the prior month. To the extent that Consultant has commercially reasonable means to do so, Fees will be netted out of City’s monthly revenue disbursement.
8. Confidentiality Information
Section 7056 of the State of California Revenue and Taxation Code (“R&T Code”) specifically limits the disclosure of confidential taxpayer information contained in the records of the CDTFA. Section 7056 specifies the conditions under which a city, county or district may authorize persons other than such city, county or district’s officers and employees to examine state sales and use tax records.
The following conditions specified in Section 7056-(b)(1) of the State of California R&T Code are hereby made part of this Agreement:
8.1. Consultant is authorized by this Agreement to examine sales, use or transactions and use tax records of the CDTFA provided to City pursuant to contract under the Bradley-Burns Uniform Local Sales and Use Tax Law R&T Code Section 7200 et.seq.
8.2. Consultant is required to disclose information contained in, or derived from, those sales or transactions and use tax records only to an officer or employee of City who is authorized by City resolution provided to the CDTFA to examine the information.
8.3. Consultant is prohibited from performing consulting services for a retailer (as defined in R&T Code Section 6015), during the term of this agreement.
8.4. Consultant is prohibited from retaining the information contained in or derived from those sales, use or transactions and use tax records after this agreement has expired.
Information obtained by examination of the CDTFA records shall be used only for purposes related to collection of local sales and use tax or for other governmental functions of the City as set forth by resolution adopted pursuant to Section 7056 (b) of the Revenue and Taxation Code. The resolution shall designate the Consultant as a person authorized to examine sales and use tax records and certify that this agreement meets the requirements set forth above and in Section 7056 (b), (1) of the Revenue and Taxation Code.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 138 of 193
CITY COUNCIL
AGENDA REPORT
DATE: JULY 6, 2026
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 9
FILE I.D.: ADM110–05
DEPT.: CITY MGR.
PREPARER: M. FUENTES
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 26–40 WITH CIVIC PUBLICATIONS, INC.,
TO PROVIDE PUBLIC EDUCATION AND COMMUNITY OUTREACH SERVICES REASON FOR CONSIDERATION: The City Council approves agreements for professional services. The City Council is requested to consider approval of Agreement No. 26–40 with Civic Publications, Inc., to provide public education and community outreach services.
Proposed Agreement No. 26–40 is attached for City Council review and consideration.
BACKGROUND: The City of Montclair periodically provides outreach services to the community through the publication of printed mailers that provide factual content directed at bringing public awareness to civic issues and community events.
In recent years, however, progressive and routine changes in technology have produced a population increasingly sophisticated and diverse in the way it consumes and accesses information. Today, these information sources have grown beyond traditional printed media to encompass and embrace digital formats that include the internet, social media, e–mail, texting, and smartphone application–based programs.
Civic Publications, Inc. (Civic) is a multimedia company located in La Verne that specializes in media, content development, and public outreach for public agencies.
Civic works with public agencies to create, coordinate, and distribute public information to help bring awareness and understanding to complex issues on matters of civic importance. Civic prides itself in its ability to articulate city services, projects, and issues with facts, clarity, and transparency to achieve community awareness.
Civic is owned and operated by Chris Lancaster. Mr. Lancaster founded Civic to extend public affairs services to a wide range of government agencies, with expertise in transit, environmental, and public benefit messaging.
Prior to starting Civic, Mr. Lancaster worked as Director of Government Relations and New Business Development for the Los Angeles Newspaper Group, comprising eight daily newspapers in the Los Angeles and San Bernardino Counties with a daily readership of more than 1.6 million.
Mr. Lancaster has more than 20 years of experience managing public affairs content and media for Southern California public agencies, including municipalities, environmental agencies, transit agencies, and public safety agencies. Mr. Lancaster has also held public office, including election to the Covina City Council, and has been a candidate for state office. His years of public service provide a unique approach toward understanding how best to communicate to the public complex issues on matters of civic importance.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 139 of 193 Publication Format
Civic has developed public education and awareness campaigns for numerous public agencies including the Sanitation Districts of Los Angeles County; Bureau of Sanitation of the City of Los Angeles; the cities of Vernon and Industry, municipal water districts; Los Angeles Metropolitan Transportation Authority; Los Angeles County Department of Public Works; Los Angeles County Sheriff’s Department, and solid waste disposal companies. Civic has been engaged by the City in prior years to produce public educational and outreach materials.
Under proposed Agreement No. 26–40, public education and outreach may include updating the public on proposed development and public works projects, upcoming attractions and events, important advisory messages, public safety services, progress on transit development, City finances, grant applications, and any other relevant and important general government services information.
In order to fully achieve communications outreach with City residents and the business community, staff recommends utilizing services offered by Civic to include newsletter, e–mail, and digital display ad media formats and City website maintenance for related public outreach pages.
The scope of services included in proposed Agreement No. 26–40 includes the following:
production, printing, and delivery of a 16–page newsletter; distribution of the newsletter by direct mail to every household in the City; provision of English and Spanish language electronic versions of the newsletter; and distribution of electronic versions of the newsletter to businesses and community members.
FISCAL IMPACT: Approval of Agreement No. 26–40 between the City of Montclair and Civic Publications, Inc., for public education and community outreach would result in a cost to the City of $30,015.
The costs associated with Agreement No. 26–40 were incorporated in the Fiscal Year 2026–2027 Budget in the Administrative Services Department Budget.
RECOMMENDATION: Staff recommends the City Council approve Agreement No. 26–40 with Civic Publications, Inc., for public education and community outreach services, subject to any revisions deemed necessary by the City Attorney.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 140 of 193 Inc.
Christopher W. Lancaster
Publisher
909.524.8952 I www.civicpubs.com
3355 N. White Ave #7160 I La Verne, CA 91750
CIVIC Publications,
fgdf
PUBLIC OUTREACH AGREEMENT
This agreement is between the City of Montclair and Civic Publications Inc.
This agreement confirms that the city of Montclair has acquired the services of Civic Publications Inc. to assist the City with the development of a newsletter .
The scope of services includes:
1. Compose, design, arrange, print, and distribute a 16-page newsletter.
2. The newsletter is to be disseminated via direct mail to every residence and business in the City of Montclair.
3. Offer an electronic version in both English and Spanish for the city’s website.
4. Circulate the English e-edition of the newsletter to 22,000 email addresses within the City of Montclair.
Total cost for services: $30,015.00 (same as 2025)
Civic Publications, Inc. agrees to provide all services listed in this agreement, and the City of Montclair agrees to pay Civic Publications, Inc. a total of $30,015.00 All terms of this agreement are to be fulfilled by November 30, 2026 June 16, 2026
________________________________ _________________________________ Civic Publications, in Date City of Montclair Date
Agreement No. 26-40
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 141 of 193 Inc.
Christopher W. Lancaster
Publisher
909.524.8952 I www.civicpubs.com
3355 N. White Ave #7160 I La Verne, CA 91750
CIVIC Publications,
fgdf
June 16, 2026
Edward C. Starr
City Manager
City of Montclair
5111 Benito St.
Montclair, CA 91763
Re: Agreement for the Production of an Annual Newsletter Dear Mr. Starr,
I am pleased to submit this agreement for Civic Publications Inc. to assist the City of Montclair in the development of its annual newsletter intended for distribution to the residents of Montclair.
Civic Publications, Inc. specializes in providing communications outreach solutions for public agencies, delivering accurate content, and illuminating community and civic issues without promoting any particular stance. Our mission is to inform the public impartially.
The newsletter aims to explain city services clearly and enhance awareness of projects, decisions, and funding, thereby ensuring that the residents of Montclair are well-informed. Our effective communication solutions will simplify the complexities inherent in city hall decisions and issues, contextualizing them within planning, specific projects, and associated benefits and costs for years to come.
The expense for developing a 16-page newsletter and its distribution to the residents of Montclair is $30,015.00. (same as last year).
Please refer to the attached agreement for a comprehensive outline of the scope of services.
I appreciate the opportunity to submit this agreement and look forward to creating a cost-effective newsletter that not only meets the needs of the City but also upholds the highest standards of public interest.
Respectfully submitted,
Christopher W. Lancaster
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 142 of 193
CITY COUNCIL
AGENDA REPORT
DATE: JULY 6, 2026
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 10
FILE I.D.: EQA026
DEPT.: ECONOMIC DEV.
PREPARER: M. FUENTES
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 26–41 WITH RINCON CONSULTANTS, INC. TO PROVIDE GENERAL GEOGRAPHIC INFORMATION SYSTEM SERVICES ON AN AS–NEEDED BASIS DURING FY 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. 26–41 with Rincon Consultants, Inc. (Rincon) to provide general geographic information system services on an as–needed basis during FY 2026–27, subject to any revisions deemed necessary by the City Attorney. Proposed Agreement No. 26–41 is attached for City Council review and consideration.
BACKGROUND: Geographic Information Systems (GIS) are essential tools for modern municipal operations, enabling the City to manage, analyze, and visualize location– based data in support of planning, public works, economic development, public safety, and informed decision–making. On June 16, 2025, the City entered into the original General GIS Services Agreement No. 25–20 with Rincon Consultants, Inc. (Rincon) to establish and build out the City's GIS program.
Under Agreement No. 25–20, Rincon assisted the City with the creation of a base inventory of GIS datasets, digitized the City's zoning and general plan layers, administered the City's Esri ArcGIS Online (AGO) environment, and developed a web– based interactive parcel viewer. Rincon also provided a range of additional static and web–based products to City staff, including recusal maps and data integrations, supporting data management needs across various City departments.
To maintain and build on this progress, staff recommends approval of Agreement No. 26– 41 to continue Rincon's GIS services through Fiscal Year 2026/2027. The continued engagement will sustain the City's GIS platform, keep core datasets and the interactive parcel viewer current, support ongoing exhibit and data needs across City departments, and maintain the parcel and addressing services that integrate with the City's LAMA permitting system. Because Rincon designed and currently administers the City's GIS environment, continuing with the firm provides operational continuity and cost efficiency and avoids the disruption and ramp–up cost of transitioning this work to another provider.
CONTINUATION OF GIS SERVICES FOR FY 2026–27
Rincon Consultants, Inc. is a well–qualified firm specializing in GIS services for California municipalities, with extensive experience in GIS system design, data management, spatial analysis, and enterprise GIS implementation for numerous cities and public agencies. Having designed and implemented the City's current GIS environment under the original agreement, Rincon is well positioned to continue supporting and expanding the City's GIS program with minimal ramp–up.
Proposed Agreement No. 26–41 sets forth the full scope of services to be provided by Rincon during FY 2026–27. Key services covered by the proposal include the following:
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 143 of 193 • Exhibit Creation and Updates: Prepare up to 30 static (PDF/JPG) map exhibits using City branding and templates, with up to two rounds of revisions per exhibit, to support City reporting, analysis, and public meetings. • GIS Data Maintenance: Update and manage the City’s GIS datasets—including parcels, zoning, general plan land use, specific plans, public works (stormwater, sewer, and water), permitted cannabis zones, and parks—and develop additional datasets as requested.
• GIS Web Applications: Create and administer interactive ArcGIS Online web applications, such as the City’s internal and public–facing parcel viewers, to support public outreach and internal analysis.
• ArcGIS Online Administration: Administer the City’s ArcGIS Online environment, manage organizational accounts and groups, coordinate Esri licensing, and migrate data and applications from the City’s existing ArcGIS Enterprise deployment to ArcGIS Online.
• LAMA Permit System Maintenance: Provide quarterly maintenance and updates to the parcel and addressing services hosted in ArcGIS Online, using San Bernardino County Assessor data to ensure continued integration with the City’s LAMA permitting system.
• Project Management and Coordination: Provide overall project management, with a designated Rincon project manager serving as the City’s primary point of contact, and attend up to 10 meetings with City staff to review and discuss work products. • Project Contingency: Provide an allowance for additional GIS tasks requested by the City that fall outside the scope of the services described above.
Rincon Consultants
Rincon Consultants, Inc. is recognized as a well–qualified firm specializing in Geographic Information System (GIS) services tailored for California municipalities. With extensive experience in GIS system design, data management, spatial analysis, and enterprise implementation, they have assisted numerous cities and public agencies. Their dedicated GIS team comprises 20 professionals who bring over 150 years of combined experience to their projects. Rincon Consultants has a proven track record, having partnered with various California cities such as La Quinta, Marina, Long Beach, Rancho Mirage, and San Luis Obispo on GIS development initiatives.
FISCAL IMPACT: Approval of proposed Agreement No. 26–41 would authorize staff to retain the services of Rincon Consultants, Inc. for FY 2026–27 for a total amount not to exceed $49,780.00 (inclusive of a $10,000.00 project contingency), payable from the Economic Development Agency Asset Fund. Estimated costs by task are shown below.
Task Estimated Cost
Task 1.1 – Exhibit Creation and Updates $6,274.00
Task 1.2 – GIS Data Maintenance $9,224.00
Task 1.3 – GIS Web Applications $6,774.00
Task 1.4 – ArcGIS Online Administration $8,588.00
Task 2 – LAMA Permit System Maintenance $5,596.00
Task 3 – Project Management and Coordination $3,324.00
Task 4 – Project Contingency $10,000.00
Total $49,780.00
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 144 of 193 RECOMMENDATION: Staff recommends the City Council approve Agreement No. 26–41 with Rincon Consultants, Inc. to provide general Geographic Information System services on an as–needed basis during FY 2026–27, subject to any revisions deemed necessary by the City Attorney.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 145 of 193 Agreement No. 26–41
CITY OF MONTCLAIR
AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT is made and effective as of July 1, 2026 between the City of Montclair, a California Municipal Corporation ("City") and Rincon Consultants, Inc. a California corporation ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM
This Agreement shall commence on July 1, 2026 and continue through June 30, 2027.
2. SERVICES
The parties intend Consultant to assist the City with general geographic information system (GIS) services. Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full.
Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.
3. PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of his/her ability, experience and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.
4. CITY MANAGEMENT
City’s City Manager shall represent City in all matters pertaining to the administration of this Agreement, and the review and approval of all products submitted by Consultant. City’s City Manager shall be authorized to act on City’s behalf and to execute all necessary documents which enlarge the Scope of Services to be Performed or change Consultant’s compensation as provided in Section 5(b) below.
5. PAYMENT
(a) The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment Schedule of Fees set forth in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the tasks detailed in Exhibit A. (b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 146 of 193 Agreement No. 26–41
(c) Consultant will submit invoices monthly for actual services performed. Said invoices shall detail all costs, rates and hours for individual tasks. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of the Consultant’s fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. (d) Consultant agrees that, in no event shall City be required to pay to Consultant any sum in excess of ninety-five percent (95%) of the maximum payable hereunder prior to receipt by City of all final documents, together with all supplemental technical documents, as described herein acceptable in form and content to City. Final payments shall be made no later than sixty (60) days after presentation of final documents and acceptance thereof by City.
6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement. Consultant also may terminate this Agreement by serving upon the City at least thirty (10) days prior written notice. (b) In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant on a pro-rata basis the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 5(c).
7. DEFAULT OF CONSULTANT
(a) The Consultant’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant’s control, and without fault or negligence of the Consultant, it shall not be considered a default.
(b) If the City Manager or his/her delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 147 of 193 Agreement No. 26–41
8. OWNERSHIP OF DOCUMENTS
(a) Consultant shall maintain complete and accurate records with respect to billed time, sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. (b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, claims, applications, computer files, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant’s office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.
Notwithstanding the above, computer software (including without limitation financial models, compilations of formulas and spreadsheet models), prepared by Consultant are Instruments of Service of Consultant and shall remain the property of Consultant.
Consultant shall likewise retain all common law, statutory and other reserved rights, including the copyright thereto.
9. INDEMNIFICATION
(a) Defense, Indemnity and Hold Harmless. Consultant shall defend, indemnify, and hold harmless the City, its present and former officers, directors, employees, agents, staff, volunteers, mayor, council, boards, committees, and representatives, as broadly interpreted (collectively, the “Indemnified Parties”), of and from all claims, suits, demands, obligations, losses, damages, sums, or any other matters threatened or presently asserted, including but not limited to all legal fees, costs of defense and litigation expenses (including legal fees, expert fees and any other costs or fees, including those of adverse parties imposed on or sought against the Indemnified Parties), arising directly or indirectly out of any liability or claim of loss or liability for personal injury, bodily injury to persons, contractual liability, errors or omissions, breach, failure to perform, damage to or loss of property, or any other loss, damage, injury or other claim of any kind or nature arising out of the work to be performed by Consultant herein, caused by or arising out of the negligent acts or omissions, or intentional misconduct of Consultant, including its subcontractors, subconsultants, employees, agents, and other persons or entities performing work for Consultant.
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(b) Contractual Indemnity. To the fullest extent permitted under California law, Consultant shall contractually indemnify, defend and hold harmless the Indemnified Parties from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, amounts for good faith settlement, or costs of any kind, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees and costs), arising out of or related to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to Consultant’s officers, agents, representative, employees, independent contractors, subcontractors, subconsultants, or affiliated or related entities and/or its or their employees, agents and representatives, caused by or arising out of all negligent acts or omissions, or intentional misconduct of Consultant, including its subcontractors, subconsultants, employees, agents and other persons or entities performing work for Consultant. Indemnification shall include any claim that Consultant, or Consultant’s employees or agents, are or may be considered and treated as employees of the City or are entitled to any employee benefits from City including but not limited to those available under Public Employees Retirement Law. The obligation to indemnify, defend and hold harmless the Indemnified Parties shall apply to all liability as defined above regardless of whether the Indemnified Parties were or are alleged to have been negligent, except that it shall not apply to claims arising from the sole negligence or willful intentional misconduct of the Indemnified Parties. Consultant’s obligation to defend the Indemnified Parties is not contingent upon there being an acknowledgement of or determination of the merit of any claims, liability, demands, causes of action, suits, losses, expenses, errors, omissions and/or costs.
(c) Subcontractors/Subconsultants and Indemnification. Consultant agrees to and shall obtain executed indemnity agreements in favor of the Indemnified Parties with provisions identical to those set forth from each and every Subcontractor, Sub consultant, or other person or entity involved by, for, with, or on behalf of Consultant in the performance of any aspect of this Agreement. In the event Consultant fails to obtain such indemnity obligations, Consultant shall be fully responsible for each and every Subcontractor, Subconsultant or other person or entity in terms of defense, indemnity and hold harmless obligations in favor of the Indemnified Parties as set forth above. This obligation to indemnify and defend the Indemnified Parties is binding on the successors, assigns, or heirs of Consultant and shall survive the full performance or termination of this Agreement. These indemnification provisions are independent of and shall not in any way be limited or superseded by the insurance requirements and insurance-related provisions of this Agreement.
(d) City Lost or Damaged Property – Theft. Consultant further agrees to pay or cause to be paid to the Indemnified Parties’ benefit, any and all damages, fines, penalties, and loss or theft of property of the City arising out of or related in any way to the negligent acts or omissions or intentional misconduct of Consultant or of Consultant’s officers, agents, representatives, employees, independent contractors, subcontractors or affiliated or related entities and/or its or their employees, agents and representatives, whether such actions, omissions to act, negligence or intentional conduct is or was authorized by this Agreement or not. City assumes no responsibility whatsoever for any property placed on the premises of City. Consultant further agrees to waive all rights of subrogation against the Indemnified Parties.
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(e) Non-Waiver and Non-Exhaustion of City’s Further Rights and Remedies. No aspect of this provision shall in any way limit or effect the rights of the Indemnified Parties against the Consultant under the terms of this Agreement or otherwise. The indemnification provisions shall apply regardless of whether this Agreement is executed after Consultant begins the work and shall extend to claims arising after this Agreement is performed or terminated, including a dispute as to the termination of Consultant. The indemnity obligations of Consultant shall continue until it is determined by final judgment that the claim against the City and any Indemnified Parties is determined by final judgment and after exhaustion of any rights of appeal. Further, no aspect of this provision shall impact the City’s rights to contribution from Consultant, or for the City to dispute Consultant’s refusal to defend and indemnify City.
(f) Limitations on Scope of Indemnity. Notwithstanding the foregoing, Consultant shall not be responsible for indemnification for claims or losses caused by the sole negligence or intentional wrongdoing of Indemnified Parties. Further, the indemnity provided shall be interpreted as broadly as permitted under California law and as to agreements between parties and shall if required be reformed to be consistent with those laws to protect and save this provision for the protection of the Indemnified Parties. (g) The obligations of Consultant under this or any other provision of this Agreement shall not be limited by the provisions of any workers’ compensation act or similar act. The Consultant expressly waives any statutory immunity under such statutes or laws as to the Indemnified Parties. The Consultant’s indemnity obligation set forth in this Section 9 shall not be limited by the limits of any policies of insurance required or provided by the Consultant pursuant to this Agreement.
(h) The Consultant’s covenant under this Section 9 shall survive the expiration or termination of this Agreement.
10. INSURANCE
The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
(a) Types of Required Coverages
Without limiting the indemnity provisions of the Contract, the Consultant shall procure and maintain in full force and effect during the term of the Contract, the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so. (1) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 00 01, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $2,000,000 per occurrence, and $4,000,000 aggregate total bodily injury, personal injury, and property damage.
(2) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1), including owned, non-owned and hired autos, or the exact equivalent, with minimum limits of $1,000,000 for bodily injury and property damage, each accident.
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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 $2,000,000 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 Consultant including materials, parts or equipment furnished in connection with such work or operations. Coverage for the additional insureds shall apply to the fullest extent permitted by law.
Additional Insured Endorsements shall not:
1. Be limited to “Ongoing Operations”
2. Exclude “Contractual Liability
3. Restrict coverage to the “Sole” liability of contractor
4. Exclude “Third-Party-Over Actions”
5. Contain any other exclusion contrary to the Agreement Additional Insured Endorsements shall be at least as broad as ISO Forms CG 20 10 11 85; or CG 20 and 10 and CG 2037.
Primary Insurance: This insurance shall be primary and any other insurance, whether primary, excess, umbrella or contingent insurance, including deductible, or self-insurance available to the insureds added by endorsement, shall be in excess of, and shall not contribute with, this insurance. Coverage shall be at least as broad as ISO CG 20 01 04 13. (2) Auto Liability
Additional Insured: The City, its elected officials, officers, employees, volunteers, boards, agents, and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the work or operations performed by or on behalf of the Contractor.
Primary Insurance: This insurance shall be primary and any other insurance whether primary, excess, umbrella or contingent insurance, including deductible, or self-insurance available to the insureds added by endorsement shall be in excess of and shall not contribute with this insurance.
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(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 Consultant from waiving the right of subrogation prior to a loss. Consultant shall waive all rights of subrogation against the indemnified parties and policies shall contain or be endorsed to contain such a provision. This provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer.
(e) Evidence of Insurance
All policies, endorsements, certificates, and/or binders shall be subject to approval by the City as to form and content. These requirements are subject to amendment or waiver only if so approved in writing by the City. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
(f) Deductible or Self-Insured Retention
Any deductible or self-insured retention must be approved in writing by the City and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the Consultant or the City.
(g) Contractual Liability/Insurance Obligations
The coverage provided shall apply to the obligations assumed by the Consultant under the indemnity provisions of this Agreement. The insurance obligations under this Agreement shall be: (1) all the insurance coverage and/or limits carried by or available to the Consultant; or (2) the minimum insurance coverage requirements and/or limits shown in this Agreement; whichever is greater. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits, which are applicable to a given loss, shall be available to the City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of the Consultant under this Agreement.
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(h) Failure to Maintain Coverage
Consultant agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City. The City shall have the right to withhold any payment due Consultant until Consultant has fully complied with the insurance provisions of this Contract. In addition, the City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may take out the necessary insurance and pay, at Consultant’s expense, the premium thereon.
In the event that the Consultant’s operations are suspended for failure to maintain required insurance coverage, the Consultant shall not be entitled to an extension of time for completion of the Work because of production lost during suspension. (i) Acceptability of Insurers
Each such policy shall be from a company or companies with a current A.M.
Best’s rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. Any other rating must be approved in writing in accordance with the City.
(j) Claims Made Policies
If coverage is written on a claims-made basis, the retroactive date on such insurance and all subsequent insurance shall coincide or precede the effective date of the initial Consultant’s Agreement with the City and continuous coverage shall be maintained or an extended reporting period shall be exercised for a period of at least five (5) years from termination or expiration of this Agreement. (k) Insurance for Subcontractors
Consultant shall be responsible for causing Subcontractors/Subconsultants to purchase the same types and limits of insurance in compliance with the terms of this Agreement, including adding the City as an Additional Insured, providing Primary and Non-Contributory coverage and Waiver of Subrogation to the Subcontractors’/Subconsultant’s policies. The Commercial General Liability Additional Insured Endorsement shall be on a form at least as board as CG 20 38 04 13.
11. INDEPENDENT CONTRACTOR
(a) Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control and shall not be construed to be employees of City for any purpose, including eligibility under Public Employees Retirement Law. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents, except as set forth in this Agreement.
Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City.
Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Consultant shall be solely responsible and hold the City harmless for all matters relating to the payment of Consultant’s employees, including compliance with Social Security withholdings and all other regulations governing such matters.
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(b) No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.
12. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section.
13. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City of Montclair in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City of Montclair will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.
Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.
14. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the project performed under this Agreement.
15. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, responses to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena.
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(b) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, requests for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding.
Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Consultant. However, City’s right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
(c) Consultant shall comply with all applicable federal, state and local Conflict of Interest laws, including the Political Reform Act (California Government Code, Section 81000, et. seq.) and California Government Code, Section 1090, et. seq. Consultant covenants that neither he/she nor any officer or principal of their firm have any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder. Consultant further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent or subconsultant. Consultant further covenants that Consultant has not contracted with nor is performing any services, directly or indirectly, with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area and further covenants and agrees that Consultant and/or its subconsultants shall provide no service or enter into any agreement or agreements with a/any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area prior to the completion of the work under this Agreement. Further, Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to the City as a result of the performance of this Agreement, or the services that may be procured by the City as a result of the recommendations made by the Consultant. The Consultant’s covenant under this Section shall survive the termination of this Agreement.
16. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:
To City: Mikey Fuentes, Dir. of Economic Development
City of Montclair
5111 Benito Street
Montclair, CA 91763
To Consultant: Jon Montogomery, Dir. of Data & Technology City of Los Angeles
250 East 1st Street, Suite 1400
Los Angeles, CA 90012
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17. ASSIGNMENT AND SUBCONTRACTING
The Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, nor any monies due hereunder, without prior written consent of the City. The City’s consent to an assignment of rights under this Agreement shall not release the Consultant from any of its obligations or alter any of its obligations to be performed under this Agreement. Any attempt at assignment or delegation by the Consultant in violation of this Section 17 shall be void and of no legal effect and shall constitute grounds to terminate this Agreement for cause. The Consultant shall not subcontract any performance required under this Agreement without the City’s prior written consent.
18. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement, including a City of Montclair business license.
19. GOVERNING LAW
The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Montclair.
20. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material.
21. PRIORITY OF AGREEMENT
To the extent any provision of Consultant’s Proposal attached hereto as Exhibit “A” conflicts with the terms and provisions of this Agreement, the terms and provisions of this Agreement shall control and shall take precedence over those contained in Consultant’s Proposal.
22. CONFIDENTIALITY
Information and materials obtained by the Consultant from City during the performance of this Agreement shall be treated as strictly confidential and shall not be used by the Consultant for any purpose other than the performance of this Agreement.
Consultant’s covenant under this Section shall survive the expiration or termination of this Agreement.
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23. DISCRIMINATION
The Consultant agrees that no person shall be excluded from employment in the performance of this Agreement on grounds of race, creed, color, sex, age, marital status, or place of national origin. In this connection, the Consultant agrees to comply with all County, State and Federal laws relating to equal employment opportunity rights.
24. EFFECT OF PARTIAL INVALIDITY
If any term or provision of this Agreement shall be held invalid or unenforceable, the remainder of this Agreement and any application of the terms shall remain valid and enforceable under this Agreement or California law.
25. CLAIMS AGAINST CITY
Consultant must comply with the claim procedures set forth in Government Code sections 900, et. seq., and/or Montclair Municipal Code, Chapter 1.16, as applicable, prior to filing any lawsuit against the City. Such claims and any subsequent lawsuit based upon the claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.
26. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
27. NO THIRD PARTY BENEFICIARIES
This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.
28. COST OF LITIGATION
If any legal action is necessary to enforce any provision of this Agreement or for damages by reason of an alleged breach of any provisions of this Agreement (whether in contract, tort or both), the prevailing Party shall be entitled to receive from the losing Party all attorneys’ fees, costs and expenses in such amount as the courts may determine to be reasonable. In awarding the cost of litigation, the court shall not be bound by any court fee schedule, but shall, if it is in the interest of justice to do so, award the full amount of costs, expenses and attorneys’ fees paid or incurred in good faith.
29. 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]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY CONSULTANT
By: By:
Javier John Dutrey, Mayor Jon Montogomery, Director of Data & Technology
Date: Date:
Attest:
By:
Andrea M. Myrick, City Clerk
Approved as to Form:
By:
Diane E. Robbins, City Attorney
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 158 of 193 Rincon Consultants, Inc.
2060 Knoll Drive
Ventura, California 93003
805-644-4455
1 Subject: City of Montclair Geographic Information System (GIS) Services for FY 2026 Montclair, California
Dear Mikey D. Fuentes:
Rincon Consultants, Inc. (Rincon) is pleased to provide this proposal for General GIS Services for the City of Montclair (City) to assist City staff in managing the City’s GIS environment and preparing high quality exhibits. Rincon understands that every local municipality is unique and is committed to developing innovative solutions and products tailored to meet the City’s needs. Our 20-person GIS team possesses over 150 years of combined experience across a wide range of GIS services, including system design, data management, spatial analysis, and enterprise GIS implementation. We are excited to continue to partner with the City and look forward to utilizing our expertise and technical abilities to help achieve the City’s objectives.
Background and Project Understanding
As part of the original General GIS Services contract executed on June 16th, 2025, Rincon supported the City with the creation of a base inventory of GIS data sets, digitized zoning and general plan layers, administered the City’s ArcGIS Online (AGO) environment, and created a web-based interactive parcel viewer. In addition, Rincon provided other static and web-based products to City staff spanning from recusal maps, data integrations into the City interactive parcel viewer, and other data management needs across various City departments. This proposal is intended as the second contract renewal for the continuation of these GIS services.
Scope of Work
Task 1 General GIS Services
Rincon has supported multiple City Departments with various GIS services such as exhibit creation, data creation and management, and web application development. Rincon will continue to support City operations as described in the subtasks below.
Task 1.1 Exhibit Creation and Updates
Rincon will assist City staff with static (PDF/JPG) exhibit requests to support City reporting and analysis.
City exhibits will be designed to visually convey the information necessary to promote efficient and effective decision-making. Exhibits will be created within the City’s brand design guidelines and specified template. Rincon will implement up to two rounds of revisions per exhibit based on feedback from City staff to ensure alignment with City objectives.
May 28th, 2026
Rincon Project No. 24-17070
Mikey D. Fuentes, Economic Development Director
City of Montclair
5111 Benito Street
Montclair, California 91763
Via email: [email protected]
Agreement No. 26-41 "Exhibit A"
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 159 of 193 City of Montclair
General GIS Services for FY 2026
2 These exhibits have previously included:
• City Council and Planning Commission Recusal Exhibits • Economic Development Exhibits
• Zoning and General Plan Maps
• Specific Plan Maps
General Assumptions
• Rincon will prepare up to 30 exhibits for the City as requested. • Rincon will use City branding unless otherwise specified. • Rincon assumes that Task 1.1 will cover the amount of work required. If budget for Task 1.1 is exceeded, Rincon can create additional exhibits based on a time & materials basis.
Task 1.2 GIS Data Maintenance
Rincon will update and manage existing City maintained GIS data upon request. The City maintained GIS datasets currently include the following:
• Parcels
• City Zoning
• City General Plan Land Use
• City Specific Plans
• Public Works (Stormwater, Sewer, Water)
• Permitted Cannabis Zones
• Parks
Rincon will also work with City staff to develop additional datasets as requested, drawing on our extensive experience converting CAD-based engineering datasets, PDF maps, and other data sources into properly formatted GIS datasets.
General Assumptions
• Rincon will create basic GIS datasets for the City within reason. If the creation of complex GIS datasets is required, Rincon will discuss options with City staff. • Rincon will use County or State GIS datasets if applicable to the request. • Rincon assumes that Task 1.2 will cover the amount of work required. If budget for Task 1.2 is exceeded, Rincon can create additional datasets based on a time & materials basis.
Task 1.3 GIS Web Applications
Rincon will create and administer GIS web applications to support the City’s public outreach and internal analysis. These web applications will be hosted via the City’s ArcGIS Online portal using the Esri suite of applications. Rincon will work with City staff to determine the appropriate functionality for each web application. These web applications have previously included an internal and public facing interactive parcel viewer of the City’s planning and parcel data.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 160 of 193 City of Montclair
General GIS Services for FY 2026
3 General Assumptions
• Rincon assumes all GIS web applications will be developed and maintained on the City’s ArcGIS Online environment
• Rincon assumes that Task 1.3 will cover the amount of work required. If budget for Task 1.3 is exceeded, Rincon can create additional web applications based on a time & materials basis.
Task 1.4 ArcGIS Online Administration
Rincon will administer the City’s ArcGIS Online environment, including managing organizational accounts, groups, and other features for various staff and departments. Rincon will assist the City in coordinating with Esri regarding required licensing and other GIS software requirements.
Rincon understands that the City has an existing ArcGIS Enterprise deployment and would like to transition its data and web applications to the City’s ArcGIS Online environment. Rincon will work with City staff in identifying and migrating necessary data and web applications from its ArcGIS Enterprise deployment to ArcGIS Online.
General Assumptions
• Rincon assumes that Task 1.4 will cover the amount of work required. If budget for Task 1.4 is exceeded, Rincon can administer the City’s ArcGIS Online environment based on a time & materials basis.
Task 2 LAMA Permit System Maintenance
Rincon will provide ongoing maintenance and updates to the Parcel and Addressing services hosted within the City's ArcGIS Online environment, ensuring continued integration and functionality within the City's LAMA permitting system. These updates will consist of utilizing San Bernardino County Assessor parcel data to update the City’s Parcel and Addressing services. Rincon will work with City staff to ensure parcel and address data reflects current information.
General Assumptions
• Rincon will update the City’s Parcel and Addressing services once a quarter. • Rincon assumes that Task 2 will cover the amount of work required. If budget for Task 2 is exceeded, Rincon can manage the LAMA Permit system based on a time & materials basis.
Task 3 Project Management and Coordination
The Rincon project manager, Max Antono, will be the primary point of contact for the City and oversee the Rincon team to ensure consistency in project implementation and effective communication with all parties involved as appropriate. Rincon will attend up to 10 meetings with the City staff to review and discuss work products. Rincon will invoice based on the actual number of work hours necessary to achieve deliverables with the proposal quote serving as the contract cap for the entire project.
General Assumptions
• Rincon assumes that all meetings will be conducted virtually.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 161 of 193 City of Montclair
General GIS Services for FY 2026
4 Task 4 Project Contingency
Rincon understands from discussion with City staff that tasks may be requested that could be outside the scope of the described tasks in this proposal. This task will be utilized to cover any additional work that is outside the scope of Tasks 1 through 3.
Cost
Table 1 Cost Summary
Task Estimated Cost
Task 1 General GIS Services
Task 1.1 Exhibit Creation and Updates $6,274.00
Task 1.2 GIS Data Maintenance $9,224.00
Task 1.3 GIS Web Applications $6,774.00
Task 1.4 ArcGIS Online Administration $8,588.00
Task 2 LAMA Permit System Maintenance $5,596.00
Task 3 Project Management and Coordination $3,324.00
Task 4 Project Contingency $10,000.00
Total $49,780.00
All work will be performed in accordance with the work scope outline above and with the terms and conditions of a mutually agreeable contract. Thank you for considering Rincon Consultants for this for this opportunity to support the City of Montclair. If you have any questions regarding this proposal, please contact Max Antono at 619-870-8084 or [email protected], or Jon Montgomery at 805-644-4455 or [email protected].
Sincerely,
Rincon Consultants, Inc.
Max Antono
Project Manager & GIS Analyst
Jon Montgomery
Director, Data & Technology Services
Attachments
Attachment 1 Standard Fee Schedule
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 162 of 193 Attachment 1
Standard Fee Schedule
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 163 of 193 Rincon Consultants, Inc.
Effective January 1, 2026
Standard Fee Schedule for Environmental Sciences and Planning Services Professional, Technical and Support Personnel* January 1, 2026 – December 31, 2026 Senior Principal $342
Principal $329
Director $329
Senior Supervisor II $313
Supervisor I $292
Senior Professional II $273
Senior Professional I $255
Professional IV $226
Professional III $210
Professional II $186
Professional I $166
Associate III $140
Associate II $125
Associate I $117
Field Technician $100
Technical Editor $157
Project Accountant $134
Billing Specialist $115
Publishing Specialist $128
Clerical $115
* Professional classifications include environmental scientists, urban planners, biologists, geologists, marine scientists, GHG verifiers, sustainability, cultural resources, GIS, data technology, and other professionals. Expert witness services consisting of depositions or incourt testimony are charged at the hourly rate of $400.
Reimbursable Expenses
Equipment Rate
Equipment Package (covers field equipment) $150/day
UAS Drone $300/day
Boat (20-foot Boston Whaler or Similar) $800/day
Light-Duty and Passenger Vehicles* $90/day
4WD and Off-Road Vehicles* $150/day
* Current IRS mileage rate for mileage over 50 and for all miles incurred in employee-owned vehicles.
Direct Costs. Other direct costs associated with the execution of a project, that are not included in the hourly rates above, are billed at cost plus 16%. These may include, but are not limited to, printing and production, laboratory and drilling services, subcontractors, vendors, authorized travel expenses, permit charges and filing fees, mailings and postage, performance bonds, sample handling and shipment, rental equipment, and vehicles other than covered by the above charges.
Budget Reallocation. Rincon reserves the right to reallocate the budget between tasks and staff classifications, while remaining within the approved contract amount.
Annual Escalation. Standard rates subject to 3.5% annual escalation on January 1.
Payment Terms. All fees will be billed to Client monthly and shall be due and payable upon receipt or as indicated in the contract provisions for the assignment. Invoices are delinquent if not paid within 10 days from receipt or per the contractually required payment terms.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 164 of 193
CITY COUNCIL
AGENDA REPORT
DATE: JULY 6, 2026
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 11
FILE I.D.: TRC600
DEPT.: PUBLIC WORKS
PREPARER: R HOERNING
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 26–42 WITH ECONOLITE SYSTEMS FOR
TRAFFIC SIGNAL 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. 26–42 with Econolite Systems for traffic signal maintenance services, subject to any revisions deemed necessary by the City Attorney.
Proposed Agreement No. 26–42 is attached for City Council review and consideration.
BACKGROUND: Econolite currently provides traffic signal maintenance services for the Public Works Department under Agreement No. 25–28, which will end on June 30, 2026.
Proposed Agreement No. 26–42 is for Fiscal Year 2026–27.
The Econolite team offers extensive institutional knowledge that provides significant value to the City’s traffic signal system. City staff conducted a thorough vetting process to ensure that Econolite represents the most cost–effective choice for the City. The new agreement maintains rates comparable to the previous contract, incorporating a 3.55 percent adjustment based on the Consumer Price Index from April 2025 to April 2026, to the most recent data provided by the U.S. Bureau of Labor Statistics.
No proposals were made from other firms, as Econolite remains the most advantageous option for the City. Econolite has performed satisfactorily for the City of Montclair and also services several other neighboring local agencies.
FISCAL IMPACT: The proposed rates are outlined in Exhibit “A” of Agreement No. 26– 42.
Staff has requested an allocation of $100,000 in the FY 2026–27 Budget to support these services. As the workload may fluctuate based on needs and upcoming scheduled maintenance, any necessary adjustments to the budget will be evaluated during the mid– year budget review process.
RECOMMENDATION: Staff recommends the City Council approve Agreement No. 26–42 with Econolite Systems for traffic signal maintenance services, subject to any revisions deemed necessary by the City Attorney.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 165 of 193
AGREEMENT NO. 26-42
AMENDMENT TO AGREEMENT NO. 19-41
WITH ECONOLITE SYSTEMS
FOR TRAFFIC SIGNAL MAINTENANCE SERVICES
This agreement is made and entered into this 1st day of July 2026, by and between the CITY OF MONTCLAIR, a municipal corporation hereinafter designated as "City," and ECONOLITE SYSTEMS, INC., a California corporation, hereinafter designated as "Contractor," and collectively designated as the "Parties."
RECITALS
WHEREAS, Parties originally entered into Agreement No. 19-41 (“Agreement”) for traffic signal maintenance services from July 1, 2019 to June 30, 2020; and WHEREAS, Parties amended the agreement via Agreement No. 20-19 to revise the rate schedule and extend the term to June 30, 2021; and WHEREAS, Parties further amended the agreement via Agreement No. 21-38 to revise the rate schedule and extend the term to June 30, 2022; and WHEREAS, Parties further amended the agreement via Agreement No. 22-61 to revise the rate schedule, extend the term to June 30, 2023, and update the indemnification provisions; and
WHEREAS, Parties further amended the agreement via Agreement No. 23-37 to revise the rate schedule, extend the term to June 30, 2024, and update the indemnification provisions; and
WHEREAS, Parties further amended the agreement via Agreement No. 24-44 to revise the rate schedule, extend the term to June 30, 2025; and WHEREAS, Parties further amended the agreement via Agreement No. 25-28 to revise the rate schedule, extend the term to June 30, 2026; and WHEREAS, Parties now desire to further extend the agreement and revise the rate schedule.
NOW, THEREFORE, IT IS HEREBY AGREED by and between City and Contractor to extend Agreement for a one-year term expiring on June 30, 2027.
BE IT FURTHER AGREED by and between City and Contractor that EXHIBIT A of the previous agreement referencing COST OF SERVICES shall be replaced with EXHIBIT A of this Agreement No. 26-42.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 166 of 193 AGREEMENT NO. 26-42
BE IT FURTHER AGREED that all other terms of Agreement No. 19–41 as amended by Agreement Nos. 20-19, 21-38, 22-61, 23-37, 24-44, and 25-28 shall remain as set forth therein.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed with all the formalities required by law on the respective dates set forth opposite their signatures.
CITY OF MONTCLAIR, CALIFORNIA ECONOLITE SYSTEMS, INC.
By: By:
Javier John Dutrey, Mayor Name:
Title:
Date: Date:
Attest:
By:
Andrea Myrick, City Clerk Name:
Title:
Approved as to form:
Date:
Diane E. Robbins, City Attorney
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 167 of 193 2 3
4 5
6 7
8 12
13 14
15 16
17 18
19 escONOLITE
SYSTEMS
City of Montclair Proposed Rates for 2026-2027 (Inclusive of 3.55% CPI) Monthly Maintenance / Preventative Maintenance Check per Intersection $ 95.56 Description Rates Per Hour
LABOR RATES ST OT DT
Supervisor $ 134.29 $ $
Lead Technician $ 158.97 $ 214.28 $ 269.60
Technician $ 158.97 $ 214.28 $ 269.60
Lead Utility Technician $ 158.97 $ 214.28 $ 269.60
Utility Technican $ 158.97 $ 214.28 $ 269.60
Lab Technician $ 158.97 $ 214.28 $ 269.60
Laborer $ 158.97 $ 214.28 $ 269.60
Relamper $ 88.44 $ 133.59 $ 178.56
EQUIPMENT RATES
Technician Van $ 22.01 Hourly
Bucket Truck to 36 feet $ 72.66 Hourly
Utility Truck $ 48.10 Hourly
Bucket Truck above 36 feet $ 31.37 Hourly
Crane Truck $ 188.22 Hourly
Arrow Board $ 78.43 Hourly
Air Compressor w/ tools $ 53.63 Hourly
Dump Truck $ 17.33 Hourly
Materials
All 20% Markup
Miscellaneous
6-foot diameter loop and lead-in cable Passthrough invoice with 10% Administrative Markup 1250 N. Tustin Avenue ,) Anaheim, California 92807 v Ph: (714) 238-9277 v Fax: (714) 630-1973 econolite com O feedback.econol1te com
Agreement No. 26-42
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 168 of 193
CITY COUNCIL
AGENDA REPORT
DATE: JULY 6, 2026
SECTION: CONSENT - RESOLUTIONS
ITEM NO.: 1
FILE I.D.: STB300–17
DEPT.: FINANCE
PREPARER: C. GRAVES
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 26–3521 AUTHORIZING PLACEMENT
OF LIENS ON CERTAIN PROPERTIES FOR DELINQUENT SEWER AND TRASH CHARGES REASON FOR CONSIDERATION: Staff has identified 177 sewer and trash accounts in the odd–numbered–month billing cycle that are more than three billing periods delinquent.
Pursuant to Montclair Municipal Code Chapter 1.12, these properties are subject to lien.
The City Council is requested to consider adoption of Resolution No. 26–3521 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 $68,888.49, plus $3,560.00 for release of lien fees, plus $8,900.00 in lien fees, for a total of $81,348.49.
RECOMMENDATION: Staff recommends the City Council adopt Resolution No. 26–3521 authorizing placement of liens on certain properties for delinquent sewer and trash charges.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 169 of 193 Resolution No. 26–3521 Page 1 of 1
RESOLUTION NO. 26–3521
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 177 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 June 4, 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, July 6, 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 – July 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. 26–3521 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 – 07/06/2026 Page 170 of 193 Exhibit A to Resolution No: 26–3521
Report of Delinquent Civil Debts – July 2026
Street No. Street Account Type Delinquency Release of Lien Fee Lien Fee Total Lien Amount
10720 Ada Avenue Commercial 204.91 20.00 50.00 274.91
4334 Alamitos Street Residential 369.58 20.00 50.00 439.58 4371 Alamitos Street Residential 369.15 20.00 50.00 439.15 5402 Alamitos Street Residential 224.69 20.00 50.00 294.69 9757 Amherst Avenue Residential 369.60 20.00 50.00 439.60 9910 Amherst Avenue Residential 369.60 20.00 50.00 439.60 9960 Amherst Avenue Residential 369.61 20.00 50.00 439.61 5463 Armsley Street Residential 330.94 20.00 50.00 400.94 9633 Bel Air Avenue Residential 329.11 20.00 50.00 399.11 10024 Bel Air Avenue Residential 397.49 20.00 50.00 467.49 10036 Bel Air Avenue Residential 395.50 20.00 50.00 465.50 4460 Benito Street Residential 369.80 20.00 50.00 439.80 4959 Benito Street Residential 212.99 20.00 50.00 282.99 5108 Benito Street Residential 329.11 20.00 50.00 399.11 5429 Benito Street Residential 374.12 20.00 50.00 444.12 5448 Benito Street Residential 545.36 20.00 50.00 615.36 5568 Benito Street Residential 369.63 20.00 50.00 439.63 5598 Benito Street Residential 401.65 20.00 50.00 471.65 10044 Benson Avenue Residential 404.97 20.00 50.00 474.97 4843 Berkeley Street Residential 369.60 20.00 50.00 439.60 5353 Berkeley Street Residential 421.99 20.00 50.00 491.99 5382 Berkeley Street Residential 369.60 20.00 50.00 439.60 9768 Bolton Avenue Residential 518.74 20.00 50.00 588.74 9834 Bolton Avenue Residential 323.37 20.00 50.00 393.37 4541 Bonnie Brae Street Residential 401.63 20.00 50.00 471.63 4576 Bonnie Brae Street Residential 369.60 20.00 50.00 439.60 4586 Bonnie Brae Street Residential 510.80 20.00 50.00 580.80 5450 Bonnie Brae Street Residential 403.59 20.00 50.00 473.59 5475 Bonnie Brae Street Residential 325.51 20.00 50.00 395.51 5544 Bonnie Brae Street Residential 379.67 20.00 50.00 449.67 5573 Bonnie Brae Street Residential 300.37 20.00 50.00 370.37 5095 Brooks Street Residential 262.48 20.00 50.00 332.48 5448 Cambridge Street Senior 332.07 20.00 50.00 402.07
5470 Cambridge Street Residential 369.60 20.00 50.00 439.60 5471 Cambridge Street Residential 369.60 20.00 50.00 439.60 9151 Camulos Avenue Residential 369.64 20.00 50.00 439.64 9243 Camulos Avenue Residential 369.60 20.00 50.00 439.60 9426 Camulos Avenue Residential 401.87 20.00 50.00 471.87 9433 Camulos Avenue Residential 385.33 20.00 50.00 455.33 9511 Camulos Avenue Residential 401.65 20.00 50.00 471.65 9539 Camulos Avenue Residential 563.69 20.00 50.00 633.69 9577 Camulos Avenue Residential 537.71 20.00 50.00 607.71 9820 Camulos Avenue Residential 295.28 20.00 50.00 365.28 9877 Camulos Avenue Residential 401.65 20.00 50.00 471.65 9540 Camulos Avenue Residential 244.04 20.00 50.00 314.04 5666 Caroline Street Residential 369.60 20.00 50.00 439.60 MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 171 of 193 Exhibit A to Resolution No: 26–3521
Report of Delinquent Civil Debts – July 2026
Street No. Street Account Type Delinquency Release of Lien Fee Lien Fee Total Lien Amount
9926 Central Avenue Residential 329.11 20.00 50.00 399.11 9956 Central Avenue Residential 210.47 20.00 50.00 280.47 9986 Central Avenue Residential 364.06 20.00 50.00 434.06 9795 Coalinga Avenue Residential 369.60 20.00 50.00 439.60 9824 Coalinga Avenue Senior 357.84 20.00 50.00 427.84
9783 Columbine Avenue Residential 398.17 20.00 50.00 468.17 9871 Columbine Avenue Residential 420.55 20.00 50.00 490.55 9815 Columbine Avenue Residential 232.64 20.00 50.00 302.64 9827 Del Mar Avenue Residential 518.74 20.00 50.00 588.74 5427 Denver Street Residential 370.27 20.00 50.00 440.27 5439 Denver Street Residential 286.11 20.00 50.00 356.11 5616 Denver Street Residential 369.60 20.00 50.00 439.60 5626 Denver Street Residential 401.65 20.00 50.00 471.65 4856 El Morado Street Senior 467.50 20.00 50.00 537.50
5429 El Morado Street Residential 369.60 20.00 50.00 439.60 9367 Felipe Avenue Residential 369.80 20.00 50.00 439.80 9378 Felipe Avenue Residential 369.63 20.00 50.00 439.63 9874 Felipe Avenue Residential 369.54 20.00 50.00 439.54 9703 Fremont Avenue Residential 371.34 20.00 50.00 441.34 9729 Fremont Avenue Residential 355.80 20.00 50.00 425.80 9823 Fremont Avenue Residential 369.60 20.00 50.00 439.60 9847 Fremont Avenue Residential 369.63 20.00 50.00 439.63 10037 Fremont Avenue Residential 396.11 20.00 50.00 466.11 4294 Granada Street Residential 364.49 20.00 50.00 434.49 4328 Granada Street Residential 369.60 20.00 50.00 439.60 4426 Granada Street Residential 401.65 20.00 50.00 471.65 5379 Granada Street Senior 253.38 20.00 50.00 323.38
5422 Granada Street Residential 367.51 20.00 50.00 437.51 5636 Granada Street Residential 304.60 20.00 50.00 374.60 4418 Harvard Street Residential 369.60 20.00 50.00 439.60 4430 Harvard Street Residential 369.60 20.00 50.00 439.60 4457 Harvard Street Residential 346.35 20.00 50.00 416.35 5243 Harvard Street Residential 518.74 20.00 50.00 588.74 5430 Harvard Street Residential 369.60 20.00 50.00 439.60 4522 Hawthorne Street Residential 385.33 20.00 50.00 455.33 4531 Hawthorne Street Residential 474.70 20.00 50.00 544.70 5553 Hawthorne Street Residential 202.35 20.00 50.00 272.35 9045 Helena Avenue Residential 368.86 20.00 50.00 438.86 9743 Helena Avenue Residential 329.11 20.00 50.00 399.11 4864 Highland Street Residential 369.88 20.00 50.00 439.88 5190 Howard Street A & B Multifamily 810.52 20.00 50.00 880.52 4585 James Street Residential 401.65 20.00 50.00 471.65 9834 Kimberly Avenue Residential 243.95 20.00 50.00 313.95 9877 Kimberly Avenue Residential 395.77 20.00 50.00 465.77 5400 La Deney Street Senior 351.64 20.00 50.00 421.64
5430 La Deney Street Residential 369.60 20.00 50.00 439.60 MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 172 of 193 Exhibit A to Resolution No: 26–3521
Report of Delinquent Civil Debts – July 2026
Street No. Street Account Type Delinquency Release of Lien Fee Lien Fee Total Lien Amount
9958 Lindero Avenue Residential 369.60 20.00 50.00 439.60 10042 Lindero Avenue Residential 369.61 20.00 50.00 439.61 9802 Mammoth Drive Residential 328.34 20.00 50.00 398.34 9864 Mammoth Drive Residential 369.82 20.00 50.00 439.82 9527 Marion Avenue Residential 369.60 20.00 50.00 439.60 9547 Marion Avenue Residential 359.31 20.00 50.00 429.31 10049 Marion Avenue Residential 262.11 20.00 50.00 332.11 9325 Mills Avenue Residential 1,232.59 20.00 50.00 1,302.59 9745 Mills Avenue Residential 369.60 20.00 50.00 439.60 9857 Mills Avenue Residential 486.95 20.00 50.00 556.95 9985 Mills Avenue Residential 371.76 20.00 50.00 441.76 9721 Monte Vista Avenue Residential 233.94 20.00 50.00 303.94 9608 Monte Vista Avenue Residential 302.00 20.00 50.00 372.00 4633 Olive Street Senior 252.91 20.00 50.00 322.91
4257 Orchard Street Residential 237.39 20.00 50.00 307.39 4437 Orchard Street Residential 384.84 20.00 50.00 454.84 5690 Orchard Street Residential 369.60 20.00 50.00 439.60 5215 Palo Verde Street Residential 369.63 20.00 50.00 439.63 5619 Palo Verde Street Residential 400.94 20.00 50.00 470.94 9633 Poulsen Avenue Residential 566.05 20.00 50.00 636.05 9925 Poulsen Avenue Residential 369.60 20.00 50.00 439.60 9935 Poulsen Avenue Residential 400.87 20.00 50.00 470.87 9375 Pradera Avenue Multifamily 1,516.94 20.00 50.00 1,586.94 9445 Pradera Avenue Multifamily 1,516.94 20.00 50.00 1,586.94 9842 Pradera Avenue Residential 371.34 20.00 50.00 441.34 4426 Princeton Street Residential 369.66 20.00 50.00 439.66 4467 Princeton Street Residential 369.69 20.00 50.00 439.69 4853 Princeton Street Residential 401.67 20.00 50.00 471.67 5571 Princeton Street Residential 236.09 20.00 50.00 306.09 9175 Ramona Avenue Residential 372.97 20.00 50.00 442.97 9275 Ramona Avenue Residential 369.80 20.00 50.00 439.80 9366 Ramona Avenue Multifamily 313.44 20.00 50.00 383.44 9446 Ramona Avenue Residential 266.72 20.00 50.00 336.72 9587 Ramona Avenue Residential 369.60 20.00 50.00 439.60 9706 Ramona Avenue Residential 433.70 20.00 50.00 503.70 10015 Ramona Avenue Residential 397.30 20.00 50.00 467.30 9801 Ramona Avenue Senior 367.26 20.00 50.00 437.26
9434 Rose Avenue Residential 369.60 20.00 50.00 439.60
9720 Rose Avenue Residential 320.76 20.00 50.00 390.76
9866 Rose Avenue Residential 369.60 20.00 50.00 439.60
4591 Rosewood Street Residential 226.03 20.00 50.00 296.03 4641 Rosewood Street Residential 357.52 20.00 50.00 427.52 4683 Rosewood Street Residential 369.60 20.00 50.00 439.60 4860 Rosewood Street Residential 233.92 20.00 50.00 303.92 5078 Rosewood Street Residential 370.69 20.00 50.00 440.69 5361 Rosewood Street Senior 333.08 20.00 50.00 403.08
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 173 of 193 Exhibit A to Resolution No: 26–3521
Report of Delinquent Civil Debts – July 2026
Street No. Street Account Type Delinquency Release of Lien Fee Lien Fee Total Lien Amount
5401 Rosewood Street Residential 408.42 20.00 50.00 478.42 4246 Rudisill Street Residential 555.24 20.00 50.00 625.24 5432 Rudisill Street Residential 355.93 20.00 50.00 425.93 4686 San Bernardino Street Residential 263.69 20.00 50.00 333.69 4711 San Bernardino Street Residential 589.05 20.00 50.00 659.05 4739 San Bernardino Street Residential 371.56 20.00 50.00 441.56 4833 San Bernardino Street Residential 368.04 20.00 50.00 438.04 4892 San Bernardino Street Residential 391.21 20.00 50.00 461.21 5216 San Bernardino Street Residential 369.60 20.00 50.00 439.60 5418 San Bernardino Street Residential 370.33 20.00 50.00 440.33 5489 San Bernardino Street Residential 408.87 20.00 50.00 478.87 5562 San Bernardino Street Residential 263.69 20.00 50.00 333.69 4594 San Jose Street Residential 558.55 20.00 50.00 628.55 5412 San Jose Street Residential 329.11 20.00 50.00 399.11 5422 San Jose Street Residential 401.65 20.00 50.00 471.65 5433 San Jose Street Residential 364.32 20.00 50.00 434.32 5465 San Jose Street Residential 254.87 20.00 50.00 324.87 5473 San Jose Street Residential 363.42 20.00 50.00 433.42 5497 San Jose Street Residential 539.91 20.00 50.00 609.91 4424 San Jose Street #05 Residential 518.74 20.00 50.00 588.74 4424 San Jose Street #13 Residential 385.33 20.00 50.00 455.33 4424 San Jose Street #14 Residential 369.60 20.00 50.00 439.60 4424 San Jose Street #22 Residential 368.92 20.00 50.00 438.92 4622 San Jose Street Unit X Residential 315.48 20.00 50.00 385.48 10016 Santa Anita Avenue Residential 384.93 20.00 50.00 454.93 9825 Saratoga Avenue Residential 369.60 20.00 50.00 439.60 9830 Saratoga Avenue Residential 442.45 20.00 50.00 512.45 9835 Saratoga Avenue Residential 259.63 20.00 50.00 329.63 4671 State Street Commercial 386.86 20.00 50.00 456.86
4773 State Street Residential 223.08 20.00 50.00 293.08 4187 State Street Commercial 625.47 20.00 50.00 695.47
9817 Sun Valley Drive Residential 278.14 20.00 50.00 348.14 5131 Sundance Drive Residential 368.25 20.00 50.00 438.25 5133 Sundance Drive Residential 200.00 20.00 50.00 270.00 9617 Surrey Avenue Residential 369.60 20.00 50.00 439.60 9773 Tudor Avenue Residential 401.64 20.00 50.00 471.64 10055 Tudor Avenue Residential 265.13 20.00 50.00 335.13 9784 Vernon Avenue Residential 369.64 20.00 50.00 439.64 9954 Vernon Avenue Residential 390.30 20.00 50.00 460.30 5405 Yale Street Residential 385.33 20.00 50.00 455.33
$68,888.49 $3560.00 $8900.00 $81,348.49
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 174 of 193 Personnel Committee Minutes – June 1, 2026 Page 1 of 1
MINUTES OF THE MEETING OF THE MONTCLAIR
PERSONNEL COMMITTEE HELD ON MONDAY,
JUNE 1, 2026, AT 5:02 P.M. IN THE CITY
ADMINISTRATIVE OFFICES, 5111 BENITO STREET,
MONTCLAIR, CALIFORNIA
I. CALL TO ORDER
Mayor Pro Tem Martinez called the meeting to order at 5:02 p.m.
II. ROLL CALL
Present: Mayor Pro Tem Martinez, Council Member Ruh, City Manager Starr, Assistant City Manager/Director of
Human Services Richter, and Human Resources Manager
Ghobrial
III. APPROVAL OF MINUTES
A. Minutes of the Regular Personnel Committee Meeting of May 4, 2026.
Moved by Council Member Ruh, seconded by Mayor Pro Tem
Martinez, and carried unanimously to approve the minutes of the Personnel Committee meeting on May 4, 2026.
IV. PUBLIC COMMENT – None
V. CLOSED SESSION
At 5:03 p.m., the Personnel Committee went into Closed Session regarding personnel matters related to appointments, resignations/ terminations, and evaluations of employee performance.
At 5:43 p.m., the Personnel Committee returned from Closed Session.
Mayor Pro Tem Martinez stated that no announcements would be made at this time.
VI. ADJOURNMENT
At 5:43 p.m., Mayor Pro Tem Martinez adjourned the Personnel Committee.
Submitted for Personnel Committee approval,
Edward C. Starr
City Manager
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 175 of 193
PENDING
APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – April 6, 2026 Page 1 of 7
MINUTES OF THE REGULAR JOINT MEETING OF THE MONTCLAIR
CITY COUNCIL, SUCCESSOR AGENCY AND MONTCLAIR HOUSING
CORPORATION BOARDS, MONTCLAIR HOUSING AUTHORITY
COMMISSION, AND MONTCLAIR COMMUNITY FOUNDATION
BOARD HELD ON MONDAY, APRIL 6, 2026, AT 7:00 P.M. IN THE CITY COUNCIL CHAMBERS, 5111 BENITO STREET, MONTCLAIR,
CALIFORNIA
I. CALL TO ORDER
Mayor/Chair Dutrey called the meeting to order at 7:00 p.m.
II. INVOCATION
Minister Jimmy Crowell, Calvary Montclair/Montclair Fire Department Chaplain, gave the invocation.
III. PLEDGE OF ALLEGIANCE
Council Member/Director Ruh led the meeting participants in the Pledge.
IV. ROLL CALL
Present: Mayor/Chair Dutrey; Mayor Pro Tem/Vice Chair Martinez; Council Members/Directors Ruh, Lopez, and Mendez
City Manager/Executive Director Starr; Assistant City Manager/ Director of Human Services Richter; Director of Finance Kulbeck; Executive Director of Engineering/Major Projects Manager Hoerning; Police Chief Reed; Fire Chief Dierck; City Attorney Robbins; City Clerk Myrick
V. PRESENTATIONS
A. Recognition of a Montclair Resident for Heroic Actions During a Fire Incident
Mayor Dutrey recognized Jeffery Johnson for his immediate intervention to prevent a significant fire on March 18, 2026, saving property and potentially lives.
B. Recognition of Montclair Youth Basketball League’s “Portland Trailblazers” for winning the 2026 Southern California Municipal Athletic Federation Inland Empire Basketball Tournament of League Champions for Division–C
Mayor Dutrey recognized the Montclair Youth Basketball League “Portland Trailblazers” for winning the 2026 Southern California Municipal Athletix Federation Inland Empire Basketball Tournament.
C. Proclamation Declaring April 24, 2026 as Arbor Day in the City of Montclair
Mayor Dutrey presented the proclamation declaring April 24, 2026, as “Arbor Day” in the City of Montclair to Executive Director of Engineering/Major Projects Manager Hoerning.
D. Proclamation Declaring April 2026 as “DMV/Donate Life California Month” in the City of Montclair
Mayor Dutrey presented a proclamation declaring April 2026 as DMV/Donate Life California Month to OneLegacy Ambassador Maribel Galvan.
VI. PUBLIC COMMENT
Alice Garcia, resident, stated that, despite findings of liability for sexual harassment, Council Member Lopez refuses to resign and announced she has recently received approval to circulate a petition for his recall. She expressed her disappointment with the silence of other members of the City Council on this matter.
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Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – April 6, 2026 Page 2 of 7 Dominic Mistretta speaking on behalf of IAFF Local 935 advised the City Council of a significant staffing shortage within the Montclair Fire Department, noting nine firefighters have accepted positions with other agencies, and expressed concern that this level of attrition could lead to serious understaffing resulting in increased overtime costs, firefighter burnout, and a higher risk of injuries. He urged the City to take immediate action to stabilize staffing levels and maintain reliable fire protection services.
The following individuals requested the City establish a fund for families affected by ICE activities, implement and enforce a policy restricting ICE use of City property, prohibit City contracts with companies providing goods, services, or information to immigration enforcement agencies, and investigate why ICE enforcement actions are focused on neighborhoods from Monte Vista to Mills Avenues, spanning from Kingsley Street to Holt Boulevard:
1. Shirley M.
2. Tina Silva
3. Rose
4. Oscar Urena
5. Rosa Gonzale
6. Maria Santay
7. Alexis Teodoro
8. Priscila
9. Phebe
10. Melissa Morales
At 8:01 p.m., Mayor Dutrey called for a short recess. The meeting reconvened at 8:14 p.m. with all members present.
The following individuals expressed the same as above:
11. Emily Miranda
12. Caitlin Shaw
13.Phoenix Nere
14. Axoquen
15. Benjamin Wood
16. Kassy Francis–Mora
17.Travon Newman
18. Jennifer Smith
19. Heather
Jonathan Chavez, resident, spoke in opposition to the City’s planned development of the San Antonio (SA) Creek Trail, citing ongoing issues in the area over the past eight years, and arguing that the project would not benefit residents. He criticized the city’s reliance on grant funding without sufficient accountability or safety considerations. Omar Carrillo, resident, criticized the SA Creek Trail project for reducing his property by about 800 square feet, and stated he felt the City’s compensation offer was inadequate and disrespectful. He also raised safety concerns, including increased crime, fire hazards, and risks to his family, arguing the project would worsen these issues. Luis Hernandez, resident, stated the SA Creek Trail project would result in the loss of approximately 1,429 square feet of his property for minimal compensation and expressed fear for his family’s safety due to ongoing neighborhood issues such as theft, noise, trespassing, and other criminal activity; and suggested City resources should instead be used to address existing problems rather than introduce new ones.
Juan Armas, resident, spoke in opposition to the SA Creek Trail project and requested the City not to proceed with construction. Anjana Patel, resident, spoke in partial support of the concept of the SA Creek Trail project, but objected to the compensation and potential loss of residential property, including structural impacts such as garages, and requested the City to reevaluate the project and consider stopping it if it negatively affects the community.
Edmund Garcia Sr., resident, spoke about the need for community unity and criticized Council Member Lopez for lacking accountability and integrity by denying his wrongdoing despite a court of law finding him liable for sexual harassment of two City employees.
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Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – April 6, 2026 Page 3 of 7 At 9:00 p.m., Mayor Dutrey called for a short recess. The meeting reconvened at 9:07 p.m. with all members present.
VII. PUBLIC HEARINGS — None
VIII. CONSENT CALENDAR
ACTION – Consent Calendar
ACTING: City Council
Successor Agency Board
Montclair Housing Corporation Board
Montclair Housing Authority Commissioners
Montclair Community Foundation Board
MOTION: Approve the Consent Calendar as presented.
MADE BY:
SECOND BY:
Council Member/Director Lopez
Council Member/Director Ruh
AYES:
NOES:
ABSTAIN:
ABSENT:
Mendez, Lopez, Ruh, Martinez, Dutrey
None
None
None
RESULT: Motion carried 5–0.
A. Approval of Minutes
1. Regular Joint Meeting — February 17, 2026
ACTION – Consent Calendar – Item A–1
ACTING: City Council
Successor Agency Board
Montclair Housing Corporation Board
Montclair Housing Authority Commissioners
Montclair Community Foundation Board
RESULT: Approved on Consent Calendar; Motion carried 5–0.
2. Special Meeting — March 2, 2026
ACTION – Consent Calendar – Item A–2
ACTING: City Council
RESULT: Approved on Consent Calendar; Motion carried 5–0.
B. Administrative Reports
1. Consider Approval and Ratification of Warrant Registers & Payroll Documentation
ACTION – Consent Calendar – Item B–1
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.
2. Consider Approval of the Fiscal Year 2025–26 Schedule of Recommendations from the Community Activities Commission for Community Benefits Funding ACTION – Consent Calendar – Item B–2
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.
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3. Consider Authorizing a $2,450 Appropriation from the State Asset Forfeiture Fund for the Purchase of Workspace
Furniture for the Crime Analyst Office in the Police Department ACTION – Consent Calendar – Item B–3
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.
C. Agreements
1. Consider Approval of Agreement No. 26–17 with the County of San Bernardino for Equipment Maintenance and Access to the County’s Emergency Radio Communications System
ACTION – Consent Calendar – Item C–1
ACTING: City Council
RESULT: Approved on Consent Calendar; Motion carried 5–0.
D. Resolutions
1. Consider Adoption of Resolution No. 26–3512 Approving the 2026 Tree City USA Application and Authorizing the Director of Public Works to Sign the Application
ACTION – Consent Calendar – Item D–1
ACTING: City Council
RESULT: Approved on Consent Calendar; Motion carried 5–0.
IX. PULLED CONSENT CALENDAR ITEMS — None
X. COMMUNICATIONS
A. Department Reports — None
B. City Attorney
City Attorney Robbin rescinded her request to meet in closed session to discuss the following matters listed on the agenda:
1. One Potential Litigation Case – Gov. Code §54956.9(d)(2)
2. One Potential Litigation Case – Gov. Code §54956.9(d)(4) She requested the City Council meet in closed session to discuss the following matters listed on the agenda:
1. One Potential Litigation Case – Gov. Code §54956.9(d)(2)
2. One Potential Litigation Case – Gov. Code §54956.9(d)(4)
3. Pending Litigation – Gov. Code §54956(d)(1):
Brambila v. Montclair Mathison v. Montclair
Chism v. Montclair Griffin v. Montclair
Cook v. Montclair Kresback v. Montclair
Ibanez v. Montclair Young, etc. v. Montclair
Searing v. Montclair Fuentes/Garcia v. Lopez, City of Montclair C. City Manager/Executive Director
City Manager Starr made the following comments addressing concerns raised by the public during Public Comment:
The City is not acquiring property for the San Antonio Creek Channel project, but is seeking easements over existing rights primarily held by the Army Corps of Engineers to create a linear MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 179 of 193
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Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – April 6, 2026 Page 5 of 7 park connecting north and south Montclair to enhance recreation, public health, and transit access. The project is unlikely to extend south of Holt Boulevard due to traffic concerns. In addition to the future trail, securing these easements would help the City address issues like homeless encampments along the channel without having to obtain federal approval.
Regarding federal immigration enforcement activity, at its meeting on March 16, 2026, the City Council directed staff to prepare a report on these issues, which he is still working on, but which will likely not be ready until the following meeting. He acknowledged the community’s concerns and requests for direct intervention by the City and clarified that federal law limits the City's authority on ICE activities. He advised that the Montclair Police Department only cooperates with ICE when legally required, such as in felony cases and traffic safety issues, and their investigative tools are used solely for Montclair’s own law enforcement endeavors and are not automatically shared with other agencies, nor are they voluntarily shared with ICE. He noted the City is taking a compassionate approach to these issues by assisting the community with Human Services Department programs to provide support to affected families and those in need.
Governor Newsom issued a notice of violation to several cities including Montclair for failing to adopt a compliant Housing Element, originally due in 2021. He advised that City staff has been working with the California Department of Housing and Community Development (HCD) for the past five years on
requested amendments, including zoning overlays and court– mandated adjustments that no other agencies had in their previously adopted and approved Housing Elements. As the City’s Housing Element was adopted in December of 2024, the Housing Element facilitation ordinance that brings the adopted Housing Element into compliance is now scheduled for approval as an urgency ordinance on April 20, 2026, to meet the Governor’s April 23, 2026 deadline. Final adoption of a non–urgency ordinance is expected by June 2026. HCD staff has indicated they are satisfied with the City’s process and timeline.
D. Mayor/Chair
1. Consider Making Appointments to Four (4) Scheduled
Vacancies on the Community Activities Commission for Full Four–Year Terms Ending June 30, 2030
Mayor John Dutrey announced four scheduled vacancies on the Community Activities Commission, noting the application deadline is May 1, 2026, by 6:00 p.m.
2. Notice of Special Meeting of the City Council and Montclair Housing Corporation Board on Thursday, June 25, 2026, at 5:30 p.m. in the City Council Chambers for the Fiscal Year 2026–27 Preliminary Budget Review Workshop and to
Consider Approval of the Fiscal Year 2026–27 Annual
Budget; and Tentatively Scheduling Monday, June 29, 2026, at 5:30 p.m. to Continue Discussion and Consideration of Fiscal Year 2026–27 Annual Budget If Necessary
Mayor/Chair Dutrey scheduled a Special Meeting of the City Council and Montclair Housing Corporation to review and consider adoption of the Fiscal Year 2026–27 City and MHC Budgets on Thursday, June 29, 2026, at 5:00 p.m., and
tentatively scheduling Monday, June 29, 2026, at 5:30 p.m. in the City Council Chambers
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3. Notice of Cancellation of May 18, 2026 Regular Joint Meeting Mayor/Chair Dutrey announced the May 18, 2026, regular joint meeting is cancelled due to the lack of a quorum, noting several officials will be attending the International Conference of Shopping Centers that week.
4. Notice of Cancellation of July 6, 2026 Regular Joint Meeting Mayor/Chair Dutrey announced the July 6, 2026, regular joint meeting is cancelled due to the lack of business, and in observance of the preceding Independence Day holiday.
Mayor/Chair Dutrey shared updates on recent activities including Omnitrans’s 50th anniversary celebration, the West End Homeless Navigation Center groundbreaking ceremony, and the City’s successful Easter Eggstravaganza event; recognized Denzel Castro for his civic engagement; and acknowledged various observances in the month of April.
E. Council Members/Directors
1. Council Member/Director Ruh commented on his support for affordable home ownership; noted the success of the City’s Easter Eggstravaganza event, thanking staff and community partners for their contributions; and reported that Victor J. Glover Jr., an astronaut from Pomona, piloted the historic Artemis II mission that launched on April 1, 2026, and should be seen as a source of local pride and community inspiration.
2. Council Member/Director Lopez raised a constituent concern regarding ongoing enforcement of oversized vehicle restrictions on Monte Vista Avenue; extended well wishes to the community observing Passover; and shared about his efforts assisting local families with immigration–related concerns by connecting them to consular and legal resources, emphasizing continued commitment to support affected residents.
3. Mayor Pro Tem/Vice Chair Martinez emphasized the importance of having an open dialogue about community concerns, particularly regarding immigration–related issues, and indicated support for the requests raised by the public. She sought confirmation that these topics, along with additional concerns such as ICE’s mask usage, would be included in the report staff is working on.
City Manager Starr confirmed that all raised immigration–related topics would be addressed in a forthcoming report, while clarifying that the City’s authority is limited regarding federal enforcement actions. He advised that policies such as ICE agents’ mask usage fall under federal jurisdiction and cannot be enforced by the City, though discussion and policy consideration can be presented to the council for direction.
F. Committee Meeting Minutes
The following committee minutes were received and filed for informational purposes:
1. Personnel Committee — March 16, 2026
XI. CLOSED SESSION
At 9:35 p.m., the City Council went into closed session to discuss potential and pending litigation.
XII. CLOSED SESSION ANNOUNCEMENT
At 10:14 p.m., Council Member Lopez recused himself from the Fuentes/Garcia v. Montclair matter and left the meeting.
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Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – April 6, 2026 Page 7 of 7 At 10:18 p.m., the City Council returned from closed session. Mayor Dutrey announced that information was received and direction was given to staff related to matters of potential and pending litigation; and no further announcements would be made at this time.
XIII. ADJOURNMENT
At 10:18 p.m., the City Council, Successor Agency Board, Montclair Housing Corporation Board, Montclair Housing Authority Commission, and Montclair Community Foundation Board were adjourned.
Submitted for City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority
Commission/Montclair Community Foundation Board approval,
Andrea Myrick,
City Clerk
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Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – April 20, 2026 Page 1 of 9
MINUTES OF THE REGULAR JOINT MEETING OF THE MONTCLAIR
CITY COUNCIL, SUCCESSOR AGENCY AND MONTCLAIR HOUSING
CORPORATION BOARDS, MONTCLAIR HOUSING AUTHORITY
COMMISSION, AND MONTCLAIR COMMUNITY FOUNDATION
BOARD HELD ON MONDAY, APRIL 20, 2026, AT 7:00 P.M. IN THE CITY COUNCIL CHAMBERS, 5111 BENITO STREET, MONTCLAIR,
CALIFORNIA
I. CALL TO ORDER
Mayor/Chair Dutrey called the meeting to order at 7:00 p.m.
II. INVOCATION
Pastor Robert Edwards, Set Free Ministry, gave the invocation.
III. PLEDGE OF ALLEGIANCE
Council Member/Director Lopez led the meeting participants in the Pledge.
IV. ROLL CALL
Present: Mayor/Chair Dutrey; Mayor Pro Tem/Vice Chair Martinez; Council Members/Directors Ruh, Lopez, and Mendez
City Manager/Executive Director Starr; Assistant City Manager/ Director of Human Services Richter; Director of Finance Kulbeck; Executive Director of Engineering/Major Projects Manager Hoerning; Fire Chief Dierck; City Attorney Robbins; City Clerk Myrick
V. PRESENTATIONS
A. Proclamation Declaring April 25, 2026, the City of Montclair’s 70th Anniversary and Celebrating the Milestone with a Commemorative 70th Anniversary Logo Mayor Dutrey read from the proclamation celebrating the City’s 70th anniversary, and accepted certificates of recognition from San Bernardino County Fourth District Supervisor Curt Hagman and representatives from the offices of Assembly Member Michelle Rodriguez and Senator Susan Rubio.
VI. PUBLIC COMMENT
Roxanna Gracia, District Director, Office of Assembly Member Michelle Rodriguez, invited the community to an educational seminar for seniors including presentations from AAA and the California Department of Insurance about safe driving and scam prevention, which will take place on May 15, from 10:00 a.m. to 11:30 a.m. in the Montclair Senior Center.
Bill Kaufman inquired about the timing of the cannabis ordinance workshop and stated that the city has missed potential revenue opportunities by not allowing cannabis–related businesses sooner and described plans for a proposed wellness center that would include cannabis, hemp, and holistic wellness services.
Alice Garcia criticized Council Member Lopez regarding a judgment affirming his commission of sexual harassment against City employees and advised she is circulating a petition for his recall. Dale Roberts raised concerns regarding parking enforcement and traffic safety issues near State Street and Monte Vista Avenue and requested increased traffic patrols in the area.
Pricila Garcia thanked City Staff and Mayor Dutrey for meeting with community representatives regarding immigration–related concerns MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 183 of 193
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Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – April 20, 2026 Page 2 of 9 and reiterated requests for the City to provide support to families impacted by ICE.
Pamela and Steven Naglar shared concerns of ICE enforcement within the community, noting fear has impacted students’ school attendance, extracurricular participation, and emotional well–being, and urged the City to protect and support the community and local students. Emily Miranda emphasized the importance of listening to educators and impacted families regarding immigration enforcement concerns and encouraged the City to engage with the community. She also voiced support for the recall of Council Member Lopez.
Denzel Castro thanked Mayor Dutrey for his mentorship and civic engagement opportunities and recognized the City’s efforts to support the community despite limitations on local authority regarding federal actions.
City Clerk Myrick read written comments from the following:
Matthew Munson, related to concerns about illegal immigration, public spending related to undocumented residents, and opposed proposals for the City to provide funds and legal aid.
Tina Silva, requesting the City take previously proposed actions in opposition to ICE and in support of undocumented residents and their families.
VII. PUBLIC HEARINGS — None
VIII. CONSENT CALENDAR
ACTION – Consent Calendar
ACTING: City Council
Successor Agency Board
Montclair Housing Corporation Board
Montclair Housing Authority Commissioners
Montclair Community Foundation Board
DISCUSSION Item C–1
MOTION: Pull Item C–2 and approve the remainder of the Consent Calendar, as presented.
MADE BY:
SECOND BY:
Mayor/Chair Dutrey
Council Member/Director Ruh
AYES:
NOES:
ABSTAIN:
ABSENT:
Mendez, Lopez, Ruh, Martinez, Dutrey
None
None
None
RESULT: Motion carried 5–0.
A. Approval of Minutes
1. Regular Joint Meeting — March 2, 2026
ACTION – Consent Calendar – Item A–1
ACTING: City Council
Successor Agency Board
Montclair Housing Corporation Board
Montclair Housing Authority Commissioners
Montclair Community Foundation Board
RESULT: Approved on Consent Calendar; Motion carried 5–0.
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1. Consider Receiving and Filing of Treasurer’s Report – February 2026
ACTION – Consent Calendar – Item B–1
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.
2. Consider Approval and Ratification of Warrant Register & Payroll Documentation
ACTION – Consent Calendar – Item B–2
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.
3. Consider Receiving and Filing SA Treasurer’s Report – February 2026
ACTION – Consent Calendar – Item B–3
ACTING: Successor Agency Board
RESULT: Approved on Consent Calendar; motion carried 5–0.
4. Consider Approval of SA Warrant Register – February 2026 ACTION – Consent Calendar – Item B–4
ACTING: Successor Agency Board
RESULT: Approved on Consent Calendar; motion carried 5–0.
5. Consider Receiving and Filing MHC Treasurer’s Report – February 2026
ACTION – Consent Calendar – Item B–5
ACTING: Montclair Housing Corporation Board
RESULT: Approved on Consent Calendar; motion carried 5–0.
6. Consider Approval of MHC Warrant Register – February 2026 ACTION – Consent Calendar – Item B–6
ACTING: Montclair Housing Corporation Board
RESULT: Approved on Consent Calendar; motion carried 5–0.
7. Consider Receiving and Filing of MHA Treasurer’s Report – February 2026
ACTION – Consent Calendar – Item B–7
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.
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8. Consider Approval of MHA Warrant Register – February 2026 ACTION – Consent Calendar – Item B–8
ACTING: Montclair Housing Corporation Board
RESULT: Approved on Consent Calendar; motion carried 5–0.
C. Agreements
1. Consider Ratification of Agreement No. 26–18 with TKE Engineering, Inc. for On–Call Project Management and
Engineering Staff Services
Authorize City Manager Edward C. Starr to Sign Agreement No. 26–18
Council Member Lopez asked if the contract would provide emergency infrastructure response services, such as sewer or pothole repairs.
City Manager Starr clarified this contractor would provide temporary professional engineering services and project support to the Public Works Department. He advised that routine sewer and road maintenance remains the responsibility of City Yard staff, and the City maintains standby vendor agreements for such specialized services on an emergency basis as needed.
ACTION – Consent Calendar – Item C–1
ACTING: City Council
RESULT: Approved on Consent Calendar; Motion carried 5–0.
3. Consider Rescinding Agreement No. 25–49, Amendment No. 2 to Agreement No. 15–63 with the City of Chino, for Interchange Improvements at Central Avenue and State Route 60
Consider Approval of Agreement No. 26–20, Amendment No. 2 to Agreement No. 15–63 with the City of Chino, for Interchange Improvements at Central Avenue at State Route 60
Consider Authorizing an Additional $5,228 Appropriation from Measure I Funds for a Total Amount of $104,327 for the City’s Fair Share Contribution for the Project
Consider Authorizing City Manager Edward C. Starr to Execute Agreement No. 26–20 and Related Documents
ACTION – Consent Calendar – Item C–3
ACTING: City Council
RESULT: Approved on Consent Calendar; Motion carried 5–0.
4. Consider Approval of Agreement No. 26–21 with Pasadena Consulting Group LLC dba Electronic Filing Systems for Use of its eFile Platform to Facilitate the Electronic Filing of Fair Political Practices Commission Disclosure Statements, Subject to Any Revisions Deemed Necessary by the City Attorney
ACTION – Consent Calendar – Item C–4
ACTING: City Council
RESULT: Approved on Consent Calendar; Motion carried 5–0.
D. Resolutions — None
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2. Consider Authorizing an $890,000 Appropriation from the Redevelopment Project Area No. III Tax Allocation Bond Fund for Costs Related to Construction of the Fremont Avenue
Improvement Project
Consider Award of Contract to Garcon Construction, Inc. in the Amount of $3,082,734.20 for Construction of the Fremont Avenue Improvement Project
Consider Approval of Agreement No. 26–19 with Garcon
Construction, Inc. for Construction of the Fremont Avenue Improvement Project, Subject to Any Revisions Deemed Necessary by the City Attorney
Consider Authorizing a $307,265.80 Construction Contingency for the Fremont Avenue Improvement Project
Will Hernandez, representative of Gentry General Engineering Inc, requested the City Council not reject the company’s bid due to the City’s misunderstanding the subcontracting percentages listed in the bid documents. He asserted that Gentry General Engineering remained in compliance with California’s requirement that prime contractors perform at least 50 percent of the work. He urged the City Council to accept their bid and award the contract to Gentry General Engineering as the lowest responsive bidder.
City Attorney Robbins advised the City Council that the bid documents and Addendum “A” required contractors to specify when only portions of work items would be subcontracted; however, the bid documents submitted by Gentry General Engineering did not indicate partial subcontracting percentages, and staff were required to interpret the listed subcontractors as performing the full value of the associated bid item; therefore, based on this interpretation, subcontracted work in Gentry General Engineering’s proposal accounted for 61.2 percent of the total bid amount, exceeding the allowable 50 percent limit, and rendering the bid nonresponsive. She further advised that accepting a bidder’s clarification after bid submission could create an unfair competitive advantage over other bidders.
Executive Director of Engineering/Major Projects Manager Hoerning noted that contractors had the opportunity to provide additional explanations, attachments, or clarifications prior to bid submission.
Council Member Lopez raised concerns regarding impacts of the project on residential parking along Fremont Avenue due to planned multimodal corridor improvements, bicycle lanes, landscaping, sidewalks, and parking modifications.
City Manager Starr advised that residents would retain driveway access and some parallel street parking, although certain parking spaces would be reduced due to the installation of landscaped parking islands.
ACTION – Item C–2
ACTING: City Council
MOTION: Authorize an $890,000 appropriation from the
Redevelopment Project Area No. III Tax Allocation Bond
Fund for costs related to construction of the Fremont
Avenue Improvement Project (Project);
Award a contract to Garcon Construction, Inc. in the
amount of $3,082,734.20 for construction of the Project; Approve Agreement No. 26–19 with Garcon Construction,
Inc., for construction on the project, subject to any
revisions deemed necessary by the City Attorney; and
Authorize a $307,265.80 construction contingency for the Project.
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MADE BY:
SECOND BY:
Mayor Dutrey
Council Member Mendez
AYES:
NOES:
ABSTAIN:
ABSENT:
Mendez, Martinez, Dutrey
Lopez, Ruh
None
None
RESULT: Motion carried 3–2 (Lopez and Ruh opposed).
X. BUSINESS ITEM
A. Consider Adoption of Urgency Ordinance No. 26–1017–U Adding Chapter 11.79 to the Montclair Municipal Code Relating to Additional Development Standards to Facilitate Ministerial Approvals for Development of Multi–Family Housing City–Wide Consider Directing Staff to Process Ordinance No. 26–1017 as a Non–Urgency Ordinance for Consideration by the Planning Commission and City Council in Accordance with California Law and Development Code Hearing Requirements
Amid Nadban, owner of 5093 Mission Boulevard, expressed concern about the potential rezoning of his property from its existing C–3 commercial zoning designation to residential.
City Clerk Myrick read a written comment submitted by Henry Fung stating additional housing could benefit the City’s economy, transit systems, tax revenue base, and overall community vibrancy.
City Manager Starr noted the proposed Ordinance is being adopted under urgency procedures to meet the Housing Element adoption deadline to avoid penalties, and will take effect immediately upon adoption; however, it will be reviewed by the Planning Commission and brought back to the City Council for approval through the normal process with first and second readings.
Mayor Pro Tem Martinez received confirmation that the rezoning affecting Mr. Nazban’s property is necessary to meet the state’s requirements.
Community Development Director Diaz additionally clarified that the property would fall under the new "Neighborhood Edge" zone, permitting residential or mixed–use, and noted that the property was also identified as a housing opportunity site in prior approvals.
Council Member Ruh stated his support for the updated Housing Element, noting the state is not producing enough housing to meet demand and most new housing remains unaffordable for average and lower–income residents.
Council Member Lopez expressed concern about the impact the Ordinance may have on private property owners who may eventually be required to incorporate housing into future development plans, criticized the state for taking away local control and imposing unfunded mandates on cities, and acknowledged staff’s diligent work on the Housing Element since 2021 to comply with the state’s ever–evolving requirements.
Mayor Dutrey discussed the issue from a regional planning perspective through his experience as a representative of Region 9 on the Southern California Association of Governments Board of Directors, explaining that, while population growth in Southern California may level off, household growth will continue, increasing demand for smaller housing units. He discussed Montclair’s historical efforts to provide housing, including affordable housing developments, mobile home communities, and several major residential projects already underway, and criticized the state for imposing new Housing Element requirements during the City’s MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 188 of 193
PENDING
APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – April 20, 2026 Page 7 of 9 update process. Although frustrated with Governor Newsom’s warning letter, he concluded that the city ultimately must comply with state law to avoid penalties and litigation from the state.
ACTION – BUSINESS ITEM – A
ACTING: City Council
MOTION: Adopt Urgency Ordinance No. 26–1017–U adding chapter
11.79 to the Montclair Municipal Code relating to
additional development standards to facilitate ministerial approvals for developments of multi–family housing City– wide; and
Direct Staff to Process Ordinance No. 26–1017 as a non– urgency Ordinance for consideration by the Planning
Commission and City Council in accordance with California Law and Development Code hearing requirements.
MADE BY:
SECOND BY:
Mayor Dutrey
Council Member Ruh
AYES:
NOES:
ABSTAIN:
ABSENT:
Mendez, Ruh, Martinez, Dutrey
None
Lopez
None
RESULT: Motion carried 4–1 (Lopez abstained).
Council Member Lopez noted his abstention is due to his opposition to the impact this Ordinance will have on property owners.
XI. COUNCIL WORKSHOP
A. Master User Fee Schedule Update Presentation
The City Council continued this presentation to an adjourned meeting to be held on Monday, May 4, 2026, at 5:45 p.m. in the City Council Chambers.
XII. COMMUNICATIONS
A. Department Reports
1. Public Works — Arbor Day Event
Executive Director of Engineering/Major Projects Manager Hoerning invited the community to celebrate Arbor Day by planting trees at Sunset Park on April 24, from 9:00 to 11:00 a.m.
B. City Attorney
City Attorney Robbin rescinded her request for the City Council to meet in closed session to discuss the following matters:
1. Regarding Potential Litigation (Two Potential Case) – Gov. Code §54956.9(d)(2)
2. Pursuant to Gov. Code §54956.9(d)(4) Regarding Potential Litigation (Two Potential Case)
3. Pursuant to Gov. Code §54956(d)(1) Regarding Pending Litigation
Chism v. Montclair
Fuentes/Garcia v. Lopez, City of Montclair
Ibanez v. Montclair
Kresback v. Montclair
Young, etc. v. Montclair
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 189 of 193
PENDING
APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – April 20, 2026 Page 8 of 9 City Attorney Robbins requested the City Council meet in closed session to discuss the following matters as listed on the agenda:
4. Request to Meet in Closed Session Pursuant to Government Code §54957.6 Regarding Conference with Designated Labor
Negotiator Edward C. Starr
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 — No comments
D. Mayor/Chair
1. Announcement of Four (4) Scheduled Vacancies on the
Community Activities Commission for Full Four–Year Terms Ending June 30, 2030
Mayor Dutrey announced four scheduled vacancies on the
Community Activities Commission, noting the application deadline is May 1, 2026, by 5:00 p.m.
2. Notice of Cancellation of June 15, 2026 Regular Joint Meeting Mayor/Chair Dutrey advised that the June 15, 2026, regular joint meeting has been cancelled due to the lack of a quorum.
3. Reinstatement of the July 6, 2026 Regular Joint Meeting Mayor/Chair Dutrey reinstated the previously–cancelled July 6, 2026, regular joint meeting.
Mayor/Chair Dutrey reported on his recent trip to Washington, D.C., involving meetings with federal agencies and officials, including the National Endowment for the Arts, Department of Justice, U.S. Senators Adam Schiff and Alex Padilla, U.S.
Rep. Torres (CA–35), and staff from Rep. Gil Cisneros’ (CA–31) Office—which resulted in funding secured for the Central Avenue bridge, Saratoga Park, Montclair Transcenter upgrades, rehabilitation of City–owned affordable housing units, and Police Department; and advised he and City staff met with the Inland Coalition for Immigrant Justice to discuss immigration
enforcement and police interactions, with plans to meet for further discussion.
E. Council Members/Directors
1. Mayor Pro Tem/ Vice Chair Martinez highlighted the City’s Easter Extravaganza event, promoted the upcoming Bingo Bash
scheduled for May 1st at the senior center, and addressed concerns related to Brown Act discussions, emphasizing the importance of following proper procedures and stating that abstentions should generally be tied to identifiable conflicts of interest rather than avoiding a vote.
2. Council Member/Director Mendez acknowledged the Easter Extravaganza and the Volunteer Recognition event, discussed attending the City of Chino’s State of the City event, where businesses and residents were recognized, and expressed interest in seeing Montclair revive its own former State of the City, and mentioned that former baseball player Orel Hershiser attended the Chino event after purchasing the MK Smith Chevrolet dealership in Chino.
3. Council Member/Director Lopez acknowledged Montclair’s 70th anniversary and highlighted a recent Inland Empire Housing presentation, where developers discussed current regional housing trends and shared concerns about market conditions, rising MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 190 of 193
PENDING
APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – April 20, 2026 Page 9 of 9 interest rates, state housing regulations, and population growth projections, while emphasizing the speaker’s view that local governments should retain more control over housing decisions.
4. Council Member/Director Ruh emphasized the importance of homeownership and intergenerational wealth building,
acknowledged the upcoming Bingo Bash event, congratulated friends and local business owners who were honored at Chino’s State of the City event, and highlighted Montclair’s 70th anniversary, emphasizing the importance of preserving Montclair’s history and legacy for future generations.
F. Committee Meeting Minutes
The following committee minutes were received and filed for informational purposes:
1. Personnel Committee — April 6, 2026
XI. CLOSED SESSION
At 9:21 p.m., the City Council went into closed session to discuss labor negotiations.
XII. CLOSED SESSION ANNOUNCEMENT
At 10:00 p.m., the City Council returned from closed session. Mayor Dutrey announced that information was received and direction was given to staff related to labor negotiations, and no further announcements would be made at this time.
XIII. ADJOURNMENT
At 10:00 p.m., the Successor Agency Board, Montclair Housing Corporation Board, Montclair Housing Authority Commission, and Montclair Community Foundation Board were adjourned.
At 10:00 p.m., the City Council was adjourned to Monday, June 1, 2026, at 5:45 p.m. in the City Council Chambers for a Council Workshop presentation of the Master User Fee Schedule Update.
Submitted for City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority
Commission/Montclair Community Foundation Board approval,
Andrea Myrick,
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 191 of 193
PENDING
APPROVAL
Adjourned City Council Meeting Minutes – May 4, 2026 Page 1 of 2
MINUTES OF THE ADJOURNED MEETING OF THE MONTCLAIR
CITY COUNCIL HELD ON MONDAY, MAY 4, 2026, AT 5:48 P.M. IN THE CITY COUNCIL CHAMBERS, 5111 BENITO STREET,
MONTCLAIR, CALIFORNIA
I. CALL TO ORDER
Mayor Dutrey called the meeting to order at 5:48 p.m.
II. ROLL CALL
Present: Mayor Dutrey; Mayor Pro Tem Martinez; Council Members Ruh and Mendez
City Manager/Executive Director Starr; Assistant City Manager/ Director of Human Services Richter; Director of Finance Kulbeck; Police Chief Reed; Fire Chief Dierck; Director of Information Technology Nguyen; City Attorney Robbins; City Clerk Myrick
Absent: Council Member Lopez (arrived at 5:52 p.m.)
III. COUNCIL WORKSHOP
A. Master User Fee Schedule Presentation
Eric Johnson, Revenue and Cost Specialists (RCS) presented the City of Montclair Cost of Services Study guided by a PowerPoint Presentation. He explained the purpose of the study was to determine the actual costs associated with providing City services, and to ensure that the City’s fee structures comply with California law, including Propositions 13, 4, 218, and 26.
Council Member Lopez arrived at 5:52 p.m.
Mr. Johnson advised the study restructured the City’s budget from a business perspective by identifying the full cost of services, which includes salaries, benefits, departmental overhead, administrative support, and operational costs. The analysis covered user fees, facility rentals, permits, and parking fines while excluding taxes, grants, utility rates, and impact fees. He noted the study was conducted through extensive collaboration with staff from various City departments to identify specific services, allocate staff time, calculate hourly rates for staff performing the services, and compare current fees with proposed adjustments. The report identified approximately $7.9 million in subsidized personal– choice services across the City, with the largest subsidies observed in public safety and Human Services programs. He highlighted that many fees, particularly those related to recreation and emergency response programs, are intentionally subsidized because full cost recovery would render these services unaffordable for the public.
He recommended implementing annual fee adjustments tied to increases in the Consumer Price Index (CPI) to prevent significant future fee increases.
Mayor Dutrey thanked Mr. Johnson for the presentation and commended the thoroughness and professionalism of the study.
Council Member Mendez raised concerns about the Human Services Department's large service subsidies and asked if RCS had explored additional revenue recovery options amid budget constraints. While acknowledging the value of youth, senior, and after–school programs, he suggested future adjustments to program fees could enhance cost recovery without cutting services.
Assistant City Manager/Human Services Director Richter clarified that some Human Services programs are supported through outside grant funding, including more than $1 million in grants for afterschool programs, which offset portions of the Department’s overall service costs, and noted that some programs are intentionally offered to residents at no cost.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 192 of 193
PENDING
APPROVAL
Adjourned City Council Meeting Minutes – May 4, 2026 Page 2 of 2 Council Member Ruh emphasized the need to keep these
educational, recreational, and nutrition programs affordable, as many families and seniors face financial hardships making the City affordable programs vital to their wellbeing.
Council Member Lopez questioned whether residents' income levels were taken into account in the analysis.
Mr. Johnson clarified that the study focused on calculating actual service costs and explained that staff assisted in evaluating reasonable fee levels based on the local market. He noted that some agencies address affordability concerns through scholarship programs or fee subsidies to low–income residents. He reiterated that determining subsidy levels is ultimately a policy decision for the City Council to make.
City Manager Starr highlighted that the City subsidizes around $8 million annually for personal–choice services, and the proposed fee increases would only cover a small portion of these costs. He advised that, without fee increases, all taxpayers, including lower– income residents, would continue subsidizing services used by and for the sole benefit of specific individuals, businesses, and developers. He also noted the City is facing financial pressures like declining sales tax revenues from online sales and urged the City Council to keep an open mind when considering fee adjustments as part of broader budget management efforts.
ACTION – COUNCIL WORKSHOP
ACTING: City Council
MOTION: Direct staff to place the proposed Master User Fee Schedule on a future City Council meeting agenda for
further discussion and consideration.
MADE BY:
SECOND BY:
Mayor Dutrey
Council Member Ruh
AYES:
NOES:
ABSTAIN:
ABSENT:
Mendez, Lopez, Ruh, Martinez, Dutrey
None
None
None
RESULT: Motion carried 5–0.
IV. PUBLIC COMMENT — None
V. ADJOURNMENT
At 6:21 p.m., the City Council was adjourned.
Submitted for City Council approval,
Andrea Myrick
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 193 of 193