CITY OF MONTCLAIR
CITY COUNCIL
SUCCESSOR REDEVELOPMENT AGENCY,
MONTCLAIR HOUSING CORPORATION,
MONTCLAIR HOUSING AUTHORITY, AND
MONTCLAIR COMMUNITY FOUNDATION
MEETINGS
AGENDA PACKET
Monday, July 20, 2026
7:00 p.m.
City Council Chambers
5111 Benito Street
Montclair, CA 91763
Mayor
Javier “John” Dutrey
Mayor Pro Tem
Corysa Martinez
Council Members
Bill Ruh
Benjamin “Ben” Lopez
Xavier Mendez
City Manager
Edward C. Starr
City Attorney
Diane E. Robbins
City Clerk
Andrea M. Myrick
REGULAR JOINT MEETING OF THE
CITY COUNCIL, SUCCESSOR AGENCY, MONTCLAIR HOUSING CORPORATION,
MONTCLAIR HOUSING AUTHORITY, AND MONTCLAIR COMMUNITY FOUNDATION to be held in the Council Chambers
5111 Benito Street, Montclair, California
Monday, July 20, 2026
7:00 p.m.
The public is invited to observe and participate in this meeting in-person or remotely. Watch the meeting live on the City’s official YouTube Channel (https://www.youtube.com/cityofmontclair) while the meeting is in session. To submit a request to speak on any item(s) appearing on this agenda, or on any City–related matter not on this agenda, see the following instructions based on your participation method:
• In–Person: Complete a Speaker Information Card at the entrance to the Council Chambers and place it in the box by the podium. • Remote via Zoom: At least one hour before the meeting, submit a Virtual Speaker Card to receive a meeting access link and be added to the speaker queue: https://www.cityofmontclair.org/virtual–speaker–card/. Download Zoom at https://zoom.us/download. • Remote (Telephone): Contact the City Clerk’s Office at (909) 625–9416 or email [email protected] at least one hour before the meeting to request to be registered as a call–in speaker and to provide the phone number you will be calling from. • Written Comments: Submit online at https://www.cityofmontclair.org/public–comment/ at least one hour before the meeting. To have your comments read, they must be limited to 200 words per agenda item, and 200 words total for all non–agenda items.
The City Council will receive copies of all written comments before the meeting begins.
At the appropriate time(s) during the meeting, the Mayor will call on those who requested to speak. Remote participants who requested to speak “raise their hand” by clicking or tapping the hand icon in Zoom, or by dialing *9 on the phone to raise/lower their hand. When addressed, Zoom users can click the “mute/unmute” microphone icon to unmute themselves, and callers can dial *6 to mute/unmute.
At the Mayor’s discretion or based on the total number of requests, each speaker is given an equal amount of time for their comments up to five minutes. Speakers with special needs may be provided more time (GC §54954.3). The meeting bodies are prohibited by the Brown Act from substantially discussing or taking action on items not listed on the agenda.
More information on City Council meetings, including policies and procedures for remote meeting service outages and participants and post-meeting materials like videos and minutes (when available) can be found at https://www.cityofmontclair.org/council–meetings/.
AGENDA
I. CALL TO ORDER City Council [CC], Successor Agency Board [SA], Montclair Housing Corporation Board [MHC],
Montclair Housing Authority Commission [MHA],
Montclair Community Foundation Board [MCF]
II. INVOCATION
In keeping with our long–standing tradition of opening our Council meetings with an invocation, this meeting may include a nonsectarian invocation. Such invocations are not intended to proselytize or advance any faith or belief or to disparage any faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation.
III. PLEDGE OF ALLEGIANCE
IV. ROLL CALL
V. PRESENTATIONS
A. Southern California Edison Circuit Reliability Review VI. PUBLIC COMMENT
VII. PUBLIC HEARINGS — None Page No.
XXXXXXXXXXXXX
MONTCLAIR CITY COUNCIL MEETING – 07/20/2026 Page 1 of 98 Page No.
VIII. CONSENT CALENDAR
A. Approval of Minutes
1. Special Meeting — June 1, 2026 [CC] 98
B. Administrative Reports
1. Consider Receiving and Filing of Treasurer’s Report [CC] 5
2. Consider Approval and Ratification of Warrant Register & Payroll Documentation [CC] 6
3. Consider Receiving and Filing of Treasurer’s Report [SA] 7
4. Consider Approval of Warrant Register [SA] 8
5. Consider Receiving and Filing of Treasurer’s Report [MHC] 9
6. Consider Approval of Warrant Register [MHC] 10
7. Consider Receiving and Filing of Treasurer’s Report [MHA] 11
8. Consider Approval of Warrant Register [MHA] 12
C. Agreements
1. Consider Approval of Agreement No. 26–43 with the San Bernardino County Department of Behavioral Health to Co–Locate Dedicated Office Space Within the Montclair Police Station to Provide Triage, Engagement, and Support Teams Services to the Community [CC] 13
2. Consider Approval of Agreement No. 26–44 with Kosmont & Associates, Inc. for Economic Development Advisory Services, Subject to Any Revisions Deemed Necessary by the City Attorney [CC]
Consider Authorizing Economic Development Agency Director Mikey Fuentes to Execute Agreement No. 26–44 [CC] 31
3. Consider Approval of Agreement No. 26–45 with Liebert Cassidy Whitmore for Participation in the East Inland Empire Employment Relations Consortium and Premium Liebert Library Subscription [CC] 41
4. Consider Ratification of Agreement No. 26–46, a Data Exchange Framework and Data–Sharing Agreement with the California Health and Human Services Agency for Coordination of Emergency Medical Services in Compliance with Assembly Bill 133 [CC]
Consider Authorizing City Manager Edward C. Starr to Execute Future Related Documents [CC] 48
D. Resolutions
1. Consider Adoption of Resolution No. 26–3525 Authorizing Placement of Assessments on Certain Properties for Delinquent Sewer and Trash Accounts [CC] 61
MONTCLAIR CITY COUNCIL MEETING – 07/20/2026 Page 2 of 98 Page No.
2. Consider Accepting a Written Petition from the Montclair Station Apartments LLC Requesting the Formation of a Community Facilities District [CC]
Consider Adoption of Resolution No. 26–3526 Declaring the City’s Intent to Form CFD No. 2026–2 (Montclair Station), Setting a Public Hearing for the Establishment of CFD No. 2026–2 on September 8, 2026, at 7:00 p.m. in the City Council Chambers, and Taking Other Actions Related Thereto [CC]
Consider Approving the Boundary Map of Proposed CFD No. 2026–02 [CC] 69
3. Consider Authorizing the Reallocation of the Existing $1,200,000 in Funds Provided by San Bernardino County Under Agreement No. 24–90 for the Purchase of an Emergency Vehicle Fire Apparatus Ladder Truck to the Acquisitions of Public Safety Radios for the Montclair Police Department and Code Enforcement Division [CC]
Consider Adoption of Resolution No. 26–3527 Authorizing the City Manager to Execute Agreement No. 26–47 with the San Bernardino County to Provide Reimbursement Funding for Acquisition of Public Safety Radios, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] 86
4. Consider Adoption of Resolution No. 26–3528 Recommending that Census Tract 06071000201 (North Montclair) be Nominated by the Governor of California and Designated by the U.S. Department of Treasury as a Qualified Opportunity Zone Under the Opportunity Zones
2.0 Program [CC]
Consider Authorizing City Manager Edward C. Starr or Designee to Prepare and Submit a Local Authority Recommendation Form, Together with Any Supporting Materials, to the Governor’s Office of Business and Economic Development [CC] 91
IX. PULLED CONSENT CALENDAR ITEMS
COMMUNICATIONS
A. Department Reports
1. Police Department — National Night Out
2. Human Services Department — Upcoming Events
B. City Attorney
1. Request to Meet in Closed Session Pursuant to GC §54956.9(d)(2) Regarding Potential Litigation (Two Potential Cases) [CC]
2. Request to Meet in Closed Session Pursuant to GC §54956.9(d)(4) Regarding Potential Litigation (One Potential Case) [CC]
3. Request to Meet in Closed Session Pursuant to GC §54956(d)(1) Regarding Pending Litigation [CC]
Chism v. Montclair
Fuentes/Garcia v. Lopez/Montclair
Ibanez v. Montclair
McDaniel v. Montclair
Montclair v. San Bernardino County Transportation Authority MONTCLAIR CITY COUNCIL MEETING – 07/20/2026 Page 3 of 98 Page No.
4. Request to Meet in Closed Session Pursuant to GC §54957.6 Regarding Conference with Designated Labor Negotiator Edward C. Starr [CC] Agency: City of Montclair
Employee Management Employees
Associations: Montclair City Confidential Employees Association Montclair General Employees – Teamsters Local 1932
Montclair Fire Fighters Association
Montclair Police Officers Association
C. City Manager/Executive Director
D. Mayor/Chairperson
E. Council Members/Directors
F. Committee Meeting Minutes (for informational purposes only)
1. Personnel Committee Meeting — July 6, 2026 [CC] 97
X. CLOSED SESSION
XI. CLOSED SESSION ANNOUNCEMENTS
XII. ADJOURNMENT
The next regular joint meeting of the City Council, Successor Agency Board, Montclair Housing Corporation Board, Montclair Housing Authority Commission, and Montclair Community Foundation Board will be held on Monday, August 3, 2026, at 7:00 p.m.
Reports, backup materials, and additional materials related to any item on this Agenda distributed to the meeting bodies after publication of the Agenda packet are available for public inspection in the Office of the City Clerk between 7:00 a.m. and 6:00 p.m., Monday through Thursday, or may be posted on the meeting’s agenda packet page on the website which can be accessed by clicking “Agenda Packet” next to the meeting date at the following link:
https://www.cityofmontclair.org/council–meetings/. Please call the City Clerk’s Office at (909) 625–9416 or send an e–mail to [email protected] to request documents via e–mail.
If you need special assistance to participate in this meeting, call the City Clerk’s Office at (909) 625–9416 or e–mail [email protected]. Notification prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102–35.104 ADA Title II). Visit https://www.cityofmontclair.org/public–meetings/ to access and read the complete procedures and limitations for these requests.
I, Andrea M. Myrick, City Clerk, hereby certify that I posted, or caused to be posted, a copy of this Agenda not less than 72 hours prior to this meeting on the City’s website at https://www.cityofmontclair.org/agendas/ and on the bulletin board adjacent to the north door of Montclair City Hall at 5111 Benito Street, Montclair, CA 91763 on Thursday, July 7, 2026.
MONTCLAIR CITY COUNCIL MEETING – 07/20/2026 Page 4 of 98
CITY COUNCIL
AGENDA REPORT
DATE: JULY 20, 2026
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 1
FILE I.D.: FIN520
DEPT.: FINANCE
PREPARER: J. KULBECK
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The City Council is requested to consider receiving and filing the City of Montclair Treasurer's Report for the month ending May 31, 2026.
BACKGROUND: Included in the City Council’s agenda packet is a copy of the Treasurer's Report for the period ending May 31, 2026.
FISCAL IMPACT: Routine—report of City's cash and investments.
RECOMMENDATION: Staff recommends the City Council receive and file the Treasurer's Report for the month ending May 31, 2026.
MONTCLAIR CITY COUNCIL MEETING – 07/20/2026 Page 5 of 98
CITY COUNCIL
AGENDA REPORT
DATE: JULY 20, 2026
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 2
FILE I.D.: FIN540
DEPT.: FINANCE
PREPARER: A. VONG/R. BADAWI
SUBJECT: CONSIDER APPROVAL AND RATIFICATION OF WARRANT REGISTER AND PAYROLL
DOCUMENTATION
REASON FOR CONSIDERATION: The City Council is requested to consider approval and ratification of the Warrant Register and Payroll Documentation.
BACKGROUND: Mayor Pro Tem Martinez examined the Warrant Register dated July 6, 2026, and the Payroll Documentation dated May 31, 2026, and June 28, 2026, recommends their approval.
FISCAL IMPACT: The City Manager authorized the Warrant Register dated July 6, 2026, totaling $1,978,514.19.
The Payroll Documentation dated May 31, 2026, totals $883,183.24 gross, with $641,302.27 net being the total cash disbursement.
The Payroll Documentation dated June 28, 2026, totals $863,509.20 gross, with $615,543.60 net being the total cash disbursement.
RECOMMENDATION: Staff recommends the City Council approve and ratify the above– referenced Warrant Register and Payroll Documentation.
MONTCLAIR CITY COUNCIL MEETING – 07/20/2026 Page 6 of 98
CITY COUNCIL
AGENDA REPORT
DATE: JULY 20, 2026
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 3
FILE I.D.: FIN510
DEPT.: SA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The City Council acting as Successor to the Redevelopment Agency Board of Directors (Successor Agency Board) is requested to consider receiving and filing the Successor to the Redevelopment Agency Treasurer's Report for the month ending May 31, 2026, pursuant to state law.
BACKGROUND: Included in the Successor Agency Board’s agenda packet is a copy of the Successor to the Redevelopment Agency Treasurer's Report for the period ending May 31, 2026.
FISCAL IMPACT: Routine—report of the Successor Agency's cash.
RECOMMENDATION: Staff recommends the Successor Agency Board receive and file the Successor to the Redevelopment Agency Treasurer's Report for the month ending May 31, 2026.
MONTCLAIR CITY COUNCIL MEETING – 07/20/2026 Page 7 of 98
CITY COUNCIL
AGENDA REPORT
DATE: JULY 20, 2026
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 4
FILE I.D.: FIN530
DEPT.: SA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTER
REASON FOR CONSIDERATION: The City Council acting as Successor to the Redevelopment Agency Board of Directors is requested to consider receiving and filing the Successor to the Redevelopment Agency Warrant Register for the month ending May 31, 2026, pursuant to state law.
BACKGROUND: Vice Chair Martinez has examined the Successor to the Redevelopment Agency Warrant Register dated 05.01.26-05.31.26 in the amounts of $12,596.68 for the Combined Operating Fund and $0.00 for the Redevelopment Obligation Retirement Funds, and finds it to be in order.
FISCAL IMPACT: Routine—report of Agency's obligations.
RECOMMENDATION: Vice Chair Martinez recommends the City Council as Successor to the Redevelopment Agency Board of Directors approve the Successor to the Redevelopment Agency Warrant Register for the period ending May 31, 2026.
MONTCLAIR CITY COUNCIL MEETING – 07/20/2026 Page 8 of 98
CITY COUNCIL
AGENDA REPORT
DATE: JULY 20, 2026
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 5
FILE I.D.: FIN525
DEPT.: MHC
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The Montclair Housing Corporation Board of Directors is requested to receive and file the Montclair Housing Corporation Treasurer's Report for the month ending May 31, 2026, pursuant to state law.
BACKGROUND: Included in the Montclair Housing Corporation Board agenda packet is a copy of the Treasurer's Report for the period ending May 31, 2026.
FISCAL IMPACT: Routine—report of the Montclair Housing Corporation's cash and investments.
RECOMMENDATION: Staff recommends the Montclair Housing Corporation Board of Directors receive and file the Treasurer's Report for the month ending May 31, 2026.
MONTCLAIR CITY COUNCIL MEETING – 07/20/2026 Page 9 of 98
CITY COUNCIL
AGENDA REPORT
DATE: JULY 20, 2026
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 6
FILE I.D.: FIN545
DEPT.: MHC
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTER
REASON FOR CONSIDERATION: The Montclair Housing Corporation Board of Directors is requested to consider receiving and filing the Warrant Register for the month ending May 31, 2026, pursuant to state law.
BACKGROUND: Vice Chair Martinez has examined the Warrant Register dated 05.01.26–
05.31.26 in the amount of $161,468.11 for the Montclair Housing Corporation and finds it to be in order.
FISCAL IMPACT: Routine—report of Montclair Housing Corporation's obligations.
RECOMMENDATION: Vice Chair Martinez recommends the Montclair Housing Corporation Board of Directors approve the Warrant Register for the period ending May 31, 2026.
MONTCLAIR CITY COUNCIL MEETING – 07/20/2026 Page 10 of 98
CITY COUNCIL
AGENDA REPORT
DATE: JULY 20, 2026
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 7
FILE I.D.: FIN525
DEPT.: MHA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The Montclair Housing Authority Commission is requested to receive and file the Montclair Housing Authority Treasurer's Report for the month ending May 31, 2026, pursuant to state law.
BACKGROUND: Included in the Montclair Housing Authority Commission’s agenda packet is a copy of the Treasurer's Report for the period ending May 31, 2026.
FISCAL IMPACT: Routine—report of Montclair Housing Authority's obligations.
RECOMMENDATION: Staff recommends the Montclair Housing Authority Commission receive and file the Treasurer's Report for the month ending May 31, 2026.
MONTCLAIR CITY COUNCIL MEETING – 07/20/2026 Page 11 of 98
CITY COUNCIL
AGENDA REPORT
DATE: JULY 20, 2026
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 8
FILE I.D.: FIN545
DEPT.: MHA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTER
REASON FOR CONSIDERATION: The Montclair Housing Authority Commission is requested to consider receiving and filing the Warrant Register for the month ending May 31, 2026, pursuant to state law.
BACKGROUND: Vice Chair Martinez has examined the Warrant Register dated 05.01.26–
05.31.26 in the amount of $0.00 for the Montclair Housing Authority and finds it to be in order.
FISCAL IMPACT: Routine—report of Montclair Housing Authority's obligations.
RECOMMENDATION: Vice Chair Martinez recommends the Montclair Housing Authority Commission approve the Warrant Register for the period ending May 31, 2026.
MONTCLAIR CITY COUNCIL MEETING – 07/20/2026 Page 12 of 98
CITY COUNCIL
AGENDA REPORT
DATE: JULY 20, 2026
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 1
FILE I.D.: PDT175
DEPT.: POLICE
PREPARER: M. ZERR
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 26–43 WITH THE SAN BERNARDINO COUNTY DEPARTMENT OF BEHAVIORAL HEALTH TO CO–LOCATE DEDICATED
OFFICE SPACE IN THE MONTCLAIR POLICE STATION TO PROVIDE TRIAGE,
ENGAGEMENT, AND SUPPORT TEAM SERVICES TO THE COMMUNITY
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 26–43 with the San Bernardino County Department of Behavioral Health (DBH) to co–locate dedicated office space in the Montclair police station to provide triage, engagement, and support team (TEST) services to the community.
A copy of proposed Agreement No. 26–43 is attached for City Council’s review and consideration.
BACKGROUND: The San Bernardino County Department of Behavioral Health (DBH), under state law, provides mental health and substance use disorder treatment services to County residents. In order to maintain a continuum of care, DBH operates or contracts for the provision of prevention and early intervention services, 24–hour care, day treatment outpatient services, case management, and crisis and referral services.
Community services are provided in all major County metropolitan areas and are readily accessible to County residents.
Since 2015, DBH has cooperated with various partner agencies for no–cost office space to place DBH crisis triage staff in underserved areas throughout the County. These DBH– selected agencies—known as “points of access,” such as law enforcement, hospital emergency departments, colleges, and agencies within the judicial court system—assist individuals experiencing mental health crises. The TEST co–location program provides the public with immediate access to crisis triage by a mental health specialist, which has resulted in thousands of successful outcomes.
Since the inception of TEST in 2014, the purpose was to improve consumer access to specialized behavioral health services during a mental health crisis and to minimize negative outcomes, such as incarcerations and hospitalizations.
The following results can be highlighted from those encounters:
• By DBH co–locating mental health crisis triage staff where people in need live and work, the access to specialty mental health services for underserved populations has increased.
• Those receiving crisis triage followed by immediate linkage to appropriate services have experienced improved outcomes.
• Decreased costs for law enforcement agencies and emergency room services, as resources to assist those in crisis are diverted to TEST staff and more appropriate linked services.
• An increased number of individuals experiencing a mental health crisis have been diverted from the justice system, hospitals and/or psychiatric hospitalization.
MONTCLAIR CITY COUNCIL MEETING – 07/20/2026 Page 13 of 98 A key component of the TEST program is to ensure 100 percent of agencies’ referrals of individuals experiencing a mental health crisis are seen in a timely fashion, initiating improved outcomes and providing immediate access to Specialty Mental Health Services for individuals in a mental health crisis. This would drastically reduce law enforcement costs. The DBH service provided comes at no cost to the City of Montclair and is provided by the TEST program as an expedient link to behavioral health services for the community served. Initial services shall be directed toward achieving crisis intervention, diversion, and stabilization.
TEST staff is called to assist agency staff when a possible consumer is exhibiting symptoms of psychiatric crisis. If the consumer does not present as violent and/or a danger to staff safety and the community, TEST would immediately respond starting with triage to engage and support the consumer in crisis. TEST staff would provide crisis intervention with assessment and evaluation including collateral to help identify the needs for behavioral health services. The goal of intensive case management is to stabilize and successfully link those in need to DBH services and other community resources.
TEST staff would provide crisis intervention—a quick emergency response service enabling an individual to cope with a crisis while maintaining their status as a functioning community member to the greatest extent possible. A crisis is an unplanned event that results in the individual’s need for immediate service intervention. The TEST team’s response modality must allow for resolution of the crisis.
Crisis intervention services are limited to stabilization of the presenting emergency.
Service activities include, but are not limited to, (1) assessment, (2) evaluation, and (3) collateral.
1. Assessment is an analysis of the history and current status of the individual’s mental, emotional, or behavioral disorder. Relevant cultural factors and history may be included where appropriate. Assessments would include consumer level of acuity and risk.
2. Evaluation is an appraisal of the individual’s community functioning in several areas including living situation, daily activities, social support systems, and health status. Cultural issues may be addressed where appropriate.
3. Collateral is contact with one or more significant support persons in the life of the individual to assist the consumer in crisis as quickly as possible.
To achieve this goal, TEST staff would:
• Provide crisis triage, response, and intervention;
• Coordinate interagency crisis services;
• Conduct case management needs assessments for possible intensive cases identified by the co–locating agency for referrals and linkage to DBH and other community services;
• Identify and refer individuals potentially in need of Substance Use Disorder and Recovery Services (SUDRS);
• Provide short–term follow–up case management services (up to 59 days) while individuals are linked to DBH and other community services; • Collaborate with co–locating agency staff, other public agencies, nonprofit organizations, family members, and external support services to avoid outcomes like psychiatric hospitalizations and law enforcement escalations, and to improve the TEST service recipient’s daily functioning.
MONTCLAIR CITY COUNCIL MEETING – 07/20/2026 Page 14 of 98 • Maintain appropriate and timely documentation in line with DBH policies and standards.
• Attend co–location meetings such as briefings, staff meetings, and other team and community meetings, as appropriate.
• Coordinate involuntary psychiatric holds for Welfare and Institutions Code (WIC) Section 5150 (Adults) and 5585 (Children) cases.
In September 2021, the City entered into Agreement No. 21–62 with DBH and has been providing dedicated office space at the Police Department for TEST program staff.
Proposed Agreement No. 26–43 would continue this partnership to provide the Montclair Police Department building as a point of access for County residents experiencing a mental health crisis to receive the specialized assistance described.
FISCAL IMPACT: If authorized by the City Council, proposed Agreement No. 26–43 would have no fiscal impact on the City’s General Fund.
RECOMMENDATION: Staff recommends the City Council approve Agreement No. 26–43 with the San Bernardino County Department of Behavioral Health to co–locate dedicated office space in the Montclair police station to provide triage, engagement, and support team services to the community.
MONTCLAIR CITY COUNCIL MEETING – 07/20/2026 Page 15 of 98
MEMORANDUM OF UNDERSTANDING
Between
San Bernardino County Department of Behavioral Health
And
Montclair Police Department
For
Dedicated Office Space
From Date of Execution to June 30, 2031
WHEREAS, the San Bernardino County (County), Department of Behavioral Health hereinafter referred to as DBH, and Montclair Police Department hereinafter referred to as MPD, Collaborating Agency or Agency; and WHEREAS, DBH desires to expand consumer rapid access to mental health crisis care through community Triage, Engagement and Support Teams (TEST). DBH will do so by collaborating for dedicated office space, at no cost, within agencies that have the highest contact with consumers experiencing a psychiatric emergency. These agencies, named ‘points of access’ are law enforcement, hospital emergency rooms, schools and court related agencies; and
WHEREAS, DBH has been allocated funds by the Behavioral Health Services Act (BHSA) to provide such services; and
WHEREAS, MPD is willing and able to provide adequate, non-financial, dedicated office space located in MPD, specifically for DBH services provided by co-located TEST staff, to assist/link consumers; and NOW THEREFORE, DBH and MPD mutually agree to the following terms and conditions:
AGREEMENT NO. 26-43 MONTCLAIR CITY COUNCIL MEETING – 07/20/2026 Page 16 of 98
TABLE OF CONTENTS
I. PURPOSE.................................................................................................................................3 II. DEFINITIONS ...........................................................................................................................3 III. COLLABORATING AGENCY FACILITY REQUIREMENTS.....................................................4 IV. AGENCY GENERAL RESPONSIBILITIES...............................................................................4 V. DBH GENERAL RESPONSIBILITIES ......................................................................................5 VI. MUTUAL RESPONSIBILITIES .................................................................................................6 VII. RIGHT TO MONITOR AND AUDIT...........................................................................................8 VIII. TERM........................................................................................................................................9 IX. EARLY TERMINATION.............................................................................................................9 X. GENERAL PROVISIONS..........................................................................................................9 XI. CONCLUSION ..........................................................................................................................10 Attachments: Exhibit I – Description of TEST Services for Participating Agencies
MONTCLAIR CITY COUNCIL MEETING – 07/20/2026 Page 17 of 98
I. PURPOSE
This Memorandum of Understanding (MOU) serves to identify areas of agreement and responsibility between Montclair Police Department (MPD) and the Department of Behavioral Health (DBH), regarding the use of dedicated office space within MPD for co-locating DBH TEST program staff to assist/link consumers with community services.
DBH will assign the TEST staff that will utilize office space within MPD location here:
Montclair Police Department
4870 Arrow Highway
Montclair, CA 91763
(909) 448-3600
The partnership between DBH and MPD is a joint effort to bring responsive access to mental health crisis services to the Montclair community, at no charge, for a consumer in need. In exchange for MPD’s space and responsibilities hereunder, the TEST staff will be providing crisis assessments, intervention, and intensive case management with linkage to community resources as outlined in Exhibit I, Description of TEST Services for Participating Agencies.
II. DEFINITIONS
The terms consumer, resident, individual, client or participant are used interchangeably throughout this document referring to the individual inquiring, accessing and/or receiving services.
The terms agency, contractor, vendor will refer to AGENCY.
A. Authorization for Release of Protected Health Information (PHI): A HIPAA compliant authorization signed by the client or client’s legal representative, authorizing DBH to release the client’s information to a designated recipient. This form must be completed thoroughly with specified records to be shared, a designated time frame and expiration date, as well as a signature by the DBH client or his/her legal representative. If the form is signed by a legal representative, proof from the court system designating legal representation must accompany the request.
B. Department of Behavioral Health (DBH): The San Bernardino County Department of Behavioral Health, under state law, provides mental health and substance use disorder treatment services to County residents. In order to maintain a continuum of care, DBH operates or contracts for the provision of prevention and early intervention services, 24-hour care, day treatment outpatient services, case management, and crisis and referral services. Community services are provided in all major County metropolitan areas and are readily accessible to County residents.
C. Health Insurance Portability and Accountability Act (HIPAA): A federal law designed to improve portability and continuity of health insurance coverage in the group and individual markets, to combat waste, fraud, and abuse in health insurance and health care delivery, to promote the use of medical savings accounts, to improve access to long-term care services and coverage, to simplify the administration of health insurance, and for other purposes.
D. Behavioral Health Services Act (BHSA): Proposition 1 Behavioral Health Services Act (BHSA):
The BHSA, passed in 2024, replaces the Mental Health Services Act (MHSA) of 2004. The MHSA imposed a 1 percent tax on personal income over $1 million to serve individuals with serious mental illness (SMI) and individuals that may be at risk of developing serious mental health conditions. The BHSA reforms funding to prioritize services for people with the most significant MONTCLAIR CITY COUNCIL MEETING – 07/20/2026 Page 18 of 98
mental health needs, while adding the treatment of substance use disorders (SUD), expanding housing interventions, and increasing the behavioral health workforce. It also enhances oversight, transparency, and accountability at the state and local levels.
E. Personally Identifiable Information (PII): PII is information that can be used alone or in conjunction with other personal or identifying information, which is linked or linkable to a specific individual. This includes: name, social security number, date of birth, address, driver’s license, photo identification, other identifying number (case number, client index number, MyAvatar or SIMON number/medical record number, etc.).
F. Protected Health Information (PHI): PHI is individually identifiable health information held or transmitted by a covered entity or its business associate, in any form or media, whether electronic, paper or oral. Individually identifiable information is information, including demographic data, that relates to the individual’s past, present or future physical or mental health or condition; the provision of health care to the individual; or the past, present, or future payment for the provision of health care to the individual, and identifies the individual or for which there is reasonable basis to believe it can be used to identify the individual. PHI excludes individually identifiable health information in education records covered by the Family Educational Rights and Privacy Act, as amended, 20 U.S.C. 1232g; in records described at 20 U.S.C.1232g(a)(4)(B)(iv); in employment records held by a covered entity in its role as employer; and regarding a person who has been deceased for more than fifty (50) years.
G. Triage, Engagement and Support Teams (TEST): Triage teams specializing in crisis intervention, continuum of care, and intensive case management for individuals experiencing an urgent psychiatric health condition with up to 59 days of individualized linkage and follow up services. The goal is to improve consumer experience by improving access to mental health services with local staff and rapid response times, allowing the consumer to possibly stay within their own community and strengthening their opportunity for recovery and wellness while reducing involvement with the criminal justice system, reducing frequencies of emergency room visits and/or unnecessary hospitalization.
III. COLLABORATING AGENCY FACILITY REQUIREMENTS
Agency will:
A. Provide adequate workspace for DBH staff within the Agency. Adequate workspace shall include a personal work area with a desk, chairs and secure document storage.
B. Provide a designated area for consultation of consumers as required, ensuring maximum privacy.
C. Provide a parking space for a County or DBH staff vehicle.
D. Provide access to a desk phone, fax machine and photocopier.
E. Provide DBH staff access to staff restrooms and breakroom.
F. Maintain and relay safety/security procedures related to DBH staff assigned to Agency.
G. Assign building passes and office keys as needed to TEST staff, and/or DBH employees regularly assigned to Agency.
IV. AGENCY GENERAL RESPONSIBILITIES
A. Agency will not assign this MOU, either in whole or in part, without the prior written consent of DBH.
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B. Agency shall make available to the DBH Program Manager (PM) copies of all administrative policies and procedures utilized and developed for this service location(s) and shall maintain ongoing communication with the DBH PM regarding those policies and procedures.
C. Agency is aware that DBH is required by regulation to safeguard Personally Identifiable Information (PII) and Protected Health Information (PHI) such as names and other identifying information concerning persons receiving services from unauthorized use or disclosure pursuant to this MOU.
D. Information obtained by DBH for participants is PHI and any DBH documents stored at MPD are highly sensitive and confidential; therefore, MPD shall provide DBH with secure document storage and use the same physical safeguards related to such document storage that MPD uses to safeguard its own lawfully protected information.
E. Should MPD find the need to obtain PHI about a consumer, MPD shall request the consumer complete the DBH Authorization for Release of Protected Health Information (COM001) form prior to any discussion or release regarding consumer PHI, including but not limited to diagnosis treatment, and/or outcomes. The form must state DBH can share consumer’s PHI with MPD, with specified time frames including expiration date. This provision will remain in force even after the termination of the MOU.
F. MPD acknowledges DBH must track/report specified data required by Behavioral Health Services Act (BHSA) in a format approved by DBH. Part of the necessary information measures the referrals and linkage to appropriate services designed to address the particular behavioral health issues being presented to law enforcement (justice system); reduction of the time individuals needing mental health services spend within the justice system; reduced number of visits to assist the same consumer for behavioral health-related concerns post TEST involvement, and to facilitate assessments of individuals experiencing a mental health crisis that could result in inpatient hospitalization. MPD further acknowledges that these tracking/reporting requirements may change per the County and/or the State.
V. DBH GENERAL RESPONSIBILITIES
DBH will:
A. In the least restrictive environment possible, provide crisis intervention designed to divert seriously mentally ill consumers from law enforcement encounters. The primary usage of this office space is to:
1. Provide crisis intervention services for consumers in surrounding community.
2. Provide intensive case management for local consumers for up to 59 days to link consumers to the appropriate public and/or private community resources.
3. Be an in-house asset to MPD and the City of Montclair in improving outcomes for consumers with behavioral health issues.
B. Assign staff for a minimum of 40 hours a week to MPD. This may include any combination of the following: Social Worker II, Mental Health Specialist, Alcohol and Drug Counselor, and Clinical Therapist, for the purpose of providing crisis response services within the dedicated office space and in the field (exact service hours will be agreed upon between DBH Program Manager and MPD). If staff are absent, DBH Diversion leadership will ensure MPD is notified of the absence.
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C. Adhere to Agency’s required clearance protocols for assigned DBH staff prior to staff person utilizing dedicated office space.
D. Monitor and coordinate staff work schedules, as staff work hours may vary.
E. Assign computers and cell phones to TEST staff. ALL correspondence with TEST staff must be sent through the DBH email system. No other Agency email is to be allocated to the TEST staff.
DBH staff shall adhere to the DBH Electronic Mail Policy.
F. Provide administrative supervision to all DBH staff located or utilizing the MPD offices. Any concerns or suggestions regarding any type of matter shall be taken to the DBH Program Manager, supervisory staff or his/her designee.
G. Communicate with the appropriate MPD supervisory staff or his/her designee with any concerns and/or suggestions for overcoming problem areas and/or changing procedures related to facility usage or supervision.
H. Maintain authority and responsibility for the assignment and/or reassignment of all TEST staff.
I. Address the BHSA goals, measure and report outcomes in collaboration with MPD by increasing access to mental health services, reducing criminal and juvenile justice involvement while also reducing frequency of emergency room visits and unnecessary hospitalizations within the local community.
J. Maintain consumer records in compliance with all regulations set forth by the State and provide access to clinical records by DBH staff.
K. Pursuant to HIPAA, DBH has implemented administrative, physical, and technical safeguards to protect the confidentiality, integrity, and availability of PHI transmitted or maintained in any form or medium.
L. Obtain a valid Authorization for Release of PHI from DBH client prior to sharing any PHI with MPD and in the performance of required services.
VI. MUTUAL RESPONSIBILITIES
A. DBH TEST staff will coordinate with MPD staff for the purpose of providing crisis intervention services and intensive case management and linkage for referred and eligible consumers.
B. MPD and DBH agree to develop a program unique to MPD needs and internal procedures for optimal utilization of TEST services and fulfilment of consumer needs as outlined in Exhibit I of this MOU.
C. Both agencies must comply with relevant regulations for any release of information. MPD and DBH agree they will establish mutually satisfactory methods for the exchange of such information as may be necessary in order that each party may perform its duties and functions under this MOU. Both agencies will develop appropriate procedures to ensure all information is safeguarded from unauthorized disclosure in accordance with applicable State and Federal laws and regulations, and as referred herein.
D. MPD and DBH agree they will establish mutually satisfactory methods for problem resolution at the lowest possible level as the optimum, with a procedure to mobilize problem resolution up through the MPD and DBH mutual chain of command, as deemed necessary.
E. MPD and DBH agree to develop and implement procedures and forms necessary to administer and document each program referral, participation, compliance and effectiveness.
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F. MPD and DBH agree to develop internal procedures for resolving grievances including the specific steps a consumer must follow, and the time limits for resolution.
G. MPD and DBH agree to comply with all applicable local, State, and Federal laws.
H. MPD and DBH shall not charge each other for any of the items or services provided hereunder.
I. Indemnification and Insurance Requirements between the governing entities of MPD and DBH, which are the City of Montclair (City) and San Bernardino County (County) are as follows:
1. The City agrees to defend, indemnify and hold harmless the County, it’s officers, staff, agents, and volunteers for any and all claims, losses, actions, damages and/or liability resulting from this agreement/contract from any cause whatsoever, including any costs or expenses incurred by County, except as prohibited by law, arising out of the City or MPD’s negligent or wrongful acts or omissions in connection with its performance under the herein agreement.
2. The County agrees to defend, indemnify and hold harmless the City, it’s officers, staff, agents, and volunteers for any and all claims, losses, actions, damages and/or liability arising out of this agreement/contract from any cause whatsoever, including any costs or expenses incurred by the City, except as prohibited by law, arising out of County’s or DBH’s negligent or wrongful acts or omissions in connection with its performance under the herein agreement.
3. In the event that the County and/or the City are determined to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under this agreement, the County and/or the City shall indemnify the other to the extent of its comparative fault.
4. The County and the City are authorized self-insured entities for purposes of General Liability, Automobile Liability, Workers' Compensation, and Professional Liability coverage and warrants that through its program of self-insurance, it has adequate coverage or resources to protect against liabilities arising out of the terms, conditions and obligations of this agreement.
J. Privacy and Security
1. MPD and DBH shall adhere to any County applicable privacy-related policies pertaining to PII. DBH has a specific responsibility to comply with all applicable State and Federal regulations pertaining to privacy and security of client PHI and strictly maintain the confidentiality of behavioral health records, and MPD shall assist DBH in upholding said confidentiality by applying safeguards as discussed herein. Regulations have been promulgated governing the privacy and security of individually identifiable health information (IIHI) PHI or electronic Protected Health Information (ePHI).
2. In addition to the aforementioned protection of IIHI, PHI, and ePHI, both parties shall adhere to the protection of personally identifiable information (PII) and Medi-Cal PII. PII includes any information that can be used to search for or identify individuals such as but not limited to name, social security number or date of birth. Whereas Medi-Cal PII is the information that is directly obtained in the course of performing an administrative function on behalf of Medi-Cal, such as determining eligibility that can be used alone in conjunction with any other information to identify an individual.
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3. Reporting Improper Access, Use, or Disclosure of Unsecure PHI and PII, Upon discovery of any unauthorized use, access or disclosure of PHI or any other security incident with regards to PHI or PII, MPD agrees to report to DBH no later than one (1) business day upon the discovery of a potential breach. MPD shall cooperate and provide information to DBH to assist with appropriate reporting requirements to the DBH Office of Compliance.
K. MPD and DBH will ensure any DBH client PHI that is stored on MPD premises will be locked and secure in adherence to IIHI and PHI privacy requirements.
L. MPD and DBH shall protect from unauthorized use or disclosure names and other identifying information concerning persons receiving services pursuant to this MOU, except for statistical information not identifying any consumer DBH and MPD shall not use or disclose any identifying information for any other purpose other than carrying out the obligations under this MOU, except as may be otherwise permitted or required by law. This provision will remain in force even after the termination of the MOU.
M. MPD and DBH agree they will collaborate in providing in-service training to MPD staff on the services offered under this MOU and any relevant policies/procedures, including the Authorization to Release of Protected Health Information Policy and Procedure.
VII. RIGHT TO MONITOR AND AUDIT
A. Agency will collaborate with DBH in the implementation, monitoring and evaluation of this MOU and share information as needed.
B. Agency shall provide all reasonable facilities and assistance for the safety and convenience of DBH's representative in the performance of monitoring or auditing duties. Any supervisory or administrative inspections and evaluations shall be performed in such a manner as will not unduly delay the work of MPD.
C. MPD and DBH agree to work together to develop a tracking system of calls that TEST staff respond to for the purpose of productivity measures and staff accountability.
D. A review of productivity at the Agency location for TEST services shall be conducted after the end of each fiscal year.
E. Agency and DBH will participate in evaluating the progress of the overall program in regard to responding to the mental health needs of local communities.
F. Agency and DBH will work jointly to monitor outcome measures. Agency and DBH shall comply with all local, State and Federal regulations regarding local, State and Federal performance outcomes measurements requirements and participate in the outcome measurement process, as required by the State and/or DBH. For BHSA programs, Agency agrees to meet the goals and intention of the program as indicated in the related BHSA Component Plan and most recent updates.
VIII. TERM
This Memorandum of Understanding (MOU) is effective date of execution through June 30, 2031, and may be terminated earlier in accordance with provisions of Section IX of this MOU.
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IX. EARLY TERMINATION
A. This MOU may be terminated without cause upon thirty (30) days written notice by either party.
DBH's Director is authorized to exercise DBH's rights with respect to any termination of this MOU.
The MPD’s Chief of Police, or his/her appointed designee, has authority to terminate this MOU on behalf of MPD.
X. GENERAL PROVISIONS
A. DBH staff vacancies or changes in staffing plan shall be submitted to the appropriate Agency’s contact person within 48 hours of DBH’s knowledge of such occurrence. Such notice shall include a plan of action to address the vacancy or a justification for the staffing plan change.
B. No waiver of any of the provisions of the MOU documents shall be effective unless it is made in a writing which refers to provisions so waived and which is executed by the parties. No course of dealing and no delay or failure of a party in exercising any right under any MOU document shall affect any other or future exercise of that right or any exercise of any other right. A party shall not be precluded from exercising a right by it having partially exercised that right or it having previously abandoned or discontinued steps to enforce that right.
C. Any alterations, variations, modifications, or waivers of provisions of the MOU, unless specifically allowed in the MOU, shall be valid only when they have been reduced to writing, duly signed and approved by the authorized representatives of both parties as an amendment to this MOU. No oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto.
XI. CONCLUSION
A. This MOU, consisting of ten pages (10) and Exhibit I, is the full and complete document describing services to be rendered by MPD to DBH including all covenants, conditions and benefits.
B. The signatures of the parties affixed to this MOU affirm that they are duly authorized to commit and bind their respective departments to the terms and conditions set forth in this document.
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This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Agreement upon request.
SAN BERNARDINO COUNTY MONTCLAIR POLICE DEPARTMENT
(Print or type name of corporation, company, contractor, etc.) By
Joshua Dugas, Acting Director
Department of Behavioral Health
(Authorized signature - sign in blue ink)
Name Jason Reed
(Print or type name of person signing contract)
Title Police Chief
(Print or Type)
Dated:
Address 4870 Arrow Highway
Montclair, CA 91763
By
(Authorized signature - sign in blue ink)
Name Javier John Dutrey
(Print or type name of person signing contract)
Title Mayor
(Print or Type)
Dated:
ATTEST
By
(Authorized signature - sign in blue ink)
Name Andrea Myrick
(Print or type name of person signing contract)
Title City Clerk
(Print or Type)
Dated:
MONTCLAIR CITY COUNCIL MEETING – 07/20/2026 Page 25 of 98
EXHIBIT I
Description of Triage,
Engagement and Support Teams (TEST) Services Available
And Co-location Specific Considerations
FOR
Montclair Police Department
4870 Arrow Highway
Montclair, CA 91763
Department of Behavioral Health (DBH) TEST Program has community-based teams that respond throughout San Bernardino County for anyone having a mental health emergency and is in need of crisis triage. The success of TEST has grown with Agency collaborations throughout San Bernardino County. DBH funds:
Triage, Engagement and Support Team (TEST)
Program Manager II: Jonathan Wilson (909) 873-4491
Number of Locations: Approximately 32 community office spaces Base Location: Co-located within participating community agency Specialty: Mental Health Crisis triage for consumers referred by Agency.
TEST teams work with consumers experiencing a mental health crisis to develop and maintain a level of stability that reduces the need for emergency services and minimizes incarcerations and psychiatric hospitalizations, freeing law enforcement and medical facilities resources.
Agencies requesting to co-locate a TEST team participate collaboratively with DBH. The Agency provides no cost office space and refers local consumers that may need TEST’s specialized services.
The referred consumer receives expedited access to mental health crisis triage from TEST staff colocated in the Agency offices. Consumers are given the opportunity to de-escalate and focus on their present needs and learn how TEST can assist them by linking them to appropriate services resulting in better consumer outcomes.
Exhibit I is attached to the MOU as an overview of the TEST program, specifies considerations unique to the Agency, defines the specific services available through the TEST program, and shares the State mandated reporting requirement.
I. Overview of TEST Current Successes and Examples
A. Since the inception of TEST in 2014, the purpose was to improve consumer access to specialized behavioral health services during a mental health crisis and to minimize negative outcomes such as incarcerations and hospitalizations. In FY 2023/24, there were a total of 12,358 encounters with co-located DBH - TEST staff in San Bernardino County.
B. The following results can be highlighted:
• By DBH co-locating mental health crisis triage staff where consumers live and work the access to specialty mental health services for underserved consumers has increased.
• Consumers receiving crisis triage followed by immediate linkage to appropriate services has improved consumer outcomes.
• Decreased costs for law enforcement agencies and emergency room services as resources to assist consumers in crisis are diverted to TEST staff and more appropriate linked services.
• Increased number of consumers experiencing a mental health crisis diverted from the justice system, hospitals and/or psychiatric hospitalization.
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EXHIBIT I
C. TEST within your agency:
TEST’s Program Manager (PM) or designee will select the appropriate staff for your facility. The PM continually evaluates TEST locations on their successes for providing services/referrals/linkage for consumers in crisis. In the office space provided each TEST encounter will focus on individual consumer needs, and provide community base crisis triage combined with linkage to quality mental health services to improve consumer outcomes.
TEST Commitment to Agency TEST Provides
To ensure 100% of Agency’s
referrals, consumers experiencing
a mental health crisis, are seen in
a timely fashion, initiating
improved consumer outcomes.
TEST staff provides immediate access to
Specialty Mental Health Services for
consumers in a mental health crisis.
D. Agencies’ Most Frequently Referred Consumers:
DBH shall screen consumers referred by the Agency, shall develop policies and procedures regarding those persons who are eligible for services, and shall provide a linkage plan for all consumer interventions that aid in the maintenance of a stable level of functioning.
Most Frequent Referrals TEST Specific Focus
Consumer in crisis, coming in
contact with host Agency, having
co-occurring mental health and
substance use disorders
When TEST staff identifies consumers
with co-occurring mental health and
substance use disorders staff
links/provides referrals to appropriate
services
Consumers in crisis who may
respond well to peer support and
self-help groups
TEST staff arranges access to peer
support and self-help groups
Consumers in crisis who are part
of the 25% of statistical uninsured
consumers
TEST serves uninsured consumers and
links them with applicable services
including those to assist with applying for
insurance coverage
Consumers in crisis needing more
than day one of crisis
intervention/intensive case
management. Usually needing an
assisted period of stabilization with
regular follow-up, such as several
weeks of guidance and/or a more
intensive level of assistance.
TEST will provide up to 59 days of case
management services. TEST will provide
linkage to all community resources and
services accessible to DBH that could be
beneficial to each unique consumer with
a focus on long term stabilization,
minimized use of emergency room
services as well as reduced psychiatric
hospital admissions.
II. Participating Agency Considerations
A. General Considerations
• Provide TEST staff access to data to track/report necessary information that measures reduced time law enforcement spends with individuals needing mental health services; reduced number of encounters between consumer and MONTCLAIR CITY COUNCIL MEETING – 07/20/2026 Page 27 of 98
EXHIBIT I
law enforcement; reduced number of crisis referrals that result in arrests and jail time; and reductions in crisis referred consumers that do not need emergency services and hospitalization. Work collaboratively with DBH, as necessary.
B. Considerations Applicable to Law Enforcement
• At the Station Commander’s discretion and with his/her approval, provide TEST staff with a hand-held radio after the appropriate C.L.E.T.S. testing has been taken and a statement of confidentiality has been signed and received by the Agency.
• Provide training to TEST staff for radio use with provided call signs.
III. Detailed Description of Available Services TEST Staff May Provide A. The behavioral health service provided comes at no cost to the Agency and is provided by the TEST program as an expedient link to behavioral health services for the community served. Initial services shall be directed toward achieving crisis intervention, diversion, and stabilization.
B. TEST staff is called to assist Agency staff when a possible consumer is exhibiting symptoms of a mental health crisis. If the consumer does not present as violent and/or a danger to staff safety and the community, TEST will immediately respond starting with triage to engage and support the consumer in crisis. TEST staff will provide crisis intervention with assessment and evaluation including collateral to help identify the needs for behavioral health services. The goal of intensive case management is to stabilize and successfully link consumers to DBH services and other community resources.
The following are services provided by TEST staff:
1. Crisis Intervention is a quick emergency response service enabling the individual to cope with a crisis, while maintaining his/her status as a functioning community member to the greatest extent possible. A crisis is an unplanned event that results in the individual’s need for immediate psychiatric intervention. The response modality must allow for the resolution of the consumer’s crisis. Crisis Intervention services are limited to stabilization of the presenting emergency. Service activities include but are not limited to assessment, evaluation, and collateral. a. Assessment is an analysis of the history and current status of the individual’s mental, emotional, or behavioral disorder. Relevant cultural factors and history may be included where appropriate.
Assessments will include consumer level of acuity and risk. b. Evaluation is an appraisal of the individual’s community functioning in several areas including living situation, daily activities, social support systems and health status. Cultural issues may be addressed where appropriate.
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EXHIBIT I
c. Collateral is contact with one or more significant support persons in the life of the individual to assist the consumer in crisis as quickly as possible.
2. Intensive Case Management provided by TEST staff for up to 59 days to link the consumer with appropriate DBH and community resources for continued stability.
C. Consumer interventions conclude following completion of services or consumer is at an acceptable level of stability and/or linkage with supportive resources.
IV. TEST Staff
All TEST staff shall be employed by DBH. The staff described will work the designated number of hours per week in full-time equivalents (FTE's), and perform the job functions specified. Clinical staff providing TEST services shall be licensed or waived by viable internship by the State, if applicable.
A. The staffing will consist of the following:
An intensive case management treatment model will be used and will employ staff members that may include any combination of the following: Social Worker II, Alcohol and Drug Counselor, Mental Health Specialist, and Clinical Therapist, for the purpose of providing crisis intervention services, intensive case management and linkage within the dedicated office space, and in the field.
B. Staff Responsibilities:
1. Provide crisis triage/response/intervention.
2. Provide interagency coordination of crisis services.
3. Conduct case management needs assessment for possible intensive case management for consumers, identified and referred by the Agency, for referrals/linkage to DBH services and/or other community services.
4. Identify individuals with potential Substance Use Disorder and Recovery Services (SUDRS) needs and refer to community SUDRS services.
5. Provide short-term follow-up case management services (up to 59 days) while consumers are appropriately linked to DBH services and/or other community services.
6. Collaborate with Agency staff, community agencies, family, and other support persons to avoid psychiatric hospitalizations or law enforcement escalations and to improve consumers daily functioning.
7. Maintain appropriate and timely documentation, according to DBH policies and standards.
8. Attend co-location meetings such as briefings, staff meetings, and/or other team/community meetings, as appropriate.
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EXHIBIT I
C. Welfare and Institutions Code (WIC) 5150 Adults/5585 Children — Involuntary Psychiatric Hold:
• Most TEST Paraprofessional staff are not able to write WIC 5150 or 5585 holds, but can assist law enforcement during WIC 5150 or 5585 evaluations by providing support to the officers writing the holds.
• The exception occurs when a DBH Clinical Therapist is available and law enforcement is NOT available to do the WIC 5150/5585 evaluations. After an evaluation, if deemed appropriate, DBH Clinical Therapist will write the hold.
D. Transporting WIC 5150 or 5585 holds to appropriate psychiatric facility:
• TEST staff is able to transport consumers that do not present as violent or a flight risk with appropriate Agency vehicle without a law enforcement officer.
This method frees up law enforcement to return to the community instead of transporting the consumer and waiting at the hospital.
• TEST staff can follow/meet law enforcement to/at the hospital and sit with the consumer that do not present as violent or a flight risk.
V. Data Reporting and Outcome Measures Requirements
A. The assigned DBH Program Manager is responsible for reporting BHSA goals and outcome measures to the BHSA Coordinator, as appropriate.
The outcomes-based criteria which shall be measured are as follows:
B. DBH shall be responsible for collecting and entering data via the data collection instrument developed by the County and the State on all clients referred by the agency. DBH shall ensure the data is entered electronically at encrypted network sites and downloaded at the County centralized database (Integrated System). In addition to the below performance-based criteria, data collection shall include demographic data, the number of case openings, the number of case closings, and the services provided. DBH may base future extensions of this program upon positive performance outcomes, which DBH will monitor throughout the year.
TEST staff, in collaboration with host Agency, shall collect data in a timely manner and submit it to the DBH BHSA coordinator.
VI. DBH Considerations and Special Provisions
A. Program Manager shall monitor TEST staff and provide oversight on a regular basis in regard to compliance with all of the above requirements.
B. It is further expected that the consumer population will be reflective of the social, economic and ethnic characteristics of the communities served by the Agency.
GOALS KEY OUTCOMES
Reduce
unnecessary
psychiatric
hospitalizations
• Increased use of alternative crisis intervention/treatment facilities (e.g., CWIC, CCRT, CSU).
• Increase in number of individuals diverted from hospitalization. • Increase access to and use of existing community resources (e.g., housing, mental health services, alcohol and drug services, medical treatment, education services, etc.)
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CITY COUNCIL
AGENDA REPORT
DATE: JULY 20, 2026
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 2
FILE I.D.: EDD100
DEPT.: ECONOMIC DEV.
PREPARER: M. FUENTES
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 26–44 WITH KOSMONT & ASSOCIATES, INC. FOR ECONOMIC DEVELOPMENT ADVISORY SERVICES, SUBJECT TO ANY
REVISIONS DEEMED NECESSARY BY THE CITY ATTORNEY
CONSIDER AUTHORIZING ECONOMIC DEVELOPMENT AGENCY DIRECTOR MIKEY FUENTES TO EXECUTE AGREEMENT NO. 26–44
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 26–44 with Kosmont & Associates, Inc., for economic development advisory services, subject to any revisions deemed necessary by the City Attorney.
A copy of proposed Agreement No. 26–44 is attached for City Council review and consideration.
BACKGROUND: The Economic Development Agency is implementing various initiatives in economic development and real estate to support community goals and encourage sustained, year–round economic activity. To aid these efforts, staff has engaged a consulting firm with expertise in municipal economic development, real estate, and public finance. Kosmont Companies, founded in 1986, is a well–established firm based in California that provides advisory services to cities and public agencies in these areas.
Founded in 1986 by Larry J. Kosmont, the firm is nationally recognized for its work in economic development, public/private finance, and real estate development projects involving government and private sector partnerships. It is also a certified Minority Business Enterprise (MBE) and Small Business Enterprise (SBE). Kosmont Companies emphasizes a transactional approach rather than solely conducting studies, with over 35 years of experience in client management and real estate services delivered through a hands–on approach.
Their services encompass a comprehensive range of offerings, including real estate, finance, economic development strategies, public/private project transactions, sustainable infrastructure, housing initiatives, market studies, and economic analysis for public, non–profit, and private sector clients. Specifically, their expertise includes real estate and financial advisory, market and fiscal analysis, retail consulting, special district analysis and formation (EIFD/CRIA/CRD/CFD), and Surplus Land Act (SLA) services. The firm serves a diverse clientele of cities, counties, public agencies, private corporations, landowners, non–profit organizations, and developers across California. They report having assisted numerous public agencies in attracting and retaining businesses and structuring tax and incentive plans to promote private investment.
The scope and duration of advisory services are limited, and the engagement is purely consultative. Kosmont will provide recommendations that the City may choose to accept or decline. Under Task 1, the firm will commence the process with an in–person kickoff meeting and a city tour to identify economic development priorities and potential opportunity sites. Following this, Kosmont will deliver services aligned with the priorities established by the City:
MONTCLAIR CITY COUNCIL MEETING – 07/20/2026 Page 31 of 98 • Market and Economic Analysis: High–level real estate market demand assessments, economic and market analyses, and opportunity site assessments for specific projects.
• Project Shaping and Outreach: Public–private project shaping and stakeholder and property–owner outreach related to potential property development. • Financial and Fiscal Analysis: Preparation of high–level illustrative pro forma to demonstrate supportable investment value, and evaluation of near– and long– term fiscal impacts of new development and redevelopment. • Economic Development Tools: Evaluation of economic development tools and incentive programs, such as value–capture zoning strategies, tax increment financing districts, site–specific tax revenue pledges, and state and federal grants. • Real Estate Advisory: Real estate advisory activities including preparation of Requests for Qualifications/Proposals (RFQ/P), developer vetting and due diligence, developer negotiation assistance, and public–private transaction structuring.
• Business Attraction: Recruitment and business/developer attraction activities at the ICSC conferences in San Diego (September 2026) and Las Vegas (May 2027), and presentations to the City Council as necessary.
Costs associated with services under proposed Agreement No. 26–44 are included in the Fiscal Year 2026–27 Budget.
FISCAL IMPACT: The costs associated with services provided under Agreement No. 26– 44 are estimated to not exceed $50,000 for professional services over the one–year term, and will be billed monthly at Kosmont’s hourly rates as shown in the fee schedule attached as “Exhibit A” of the agreement, which will be payable from the Economic Development Agency Asset Fund.
RECOMMENDATION: Staff recommends the City Council take the following actions:
1. Approve Agreement No. 26–44 with Kosmont & Associates, Inc. for economic development advisory services, subject to any revisions deemed necessary by the City Attorney; and
2. Authorize Economic Development Agency Director Mikey Fuentes to execute Agreement No. 26–44.
MONTCLAIR CITY COUNCIL MEETING – 07/20/2026 Page 32 of 98 Kosmont Companies
Mailing Address: 1601 N. Sepulveda Blvd., #382 (424) 297-1070 Physical Address: 2301 Rosecrans Ave, Ste. 4140 Manhattan Beach, CA 90266 www.kosmont.com El Segundo, CA 90245 June 23, 2026
Mikey Fuentes
Director of Economic Development
City of Montclair
5111 Benito Street
Montclair, CA 91763
Re: Proposal for Economic Development Advisory Services Dear Mr. Fuentes:
Kosmont & Associates, Inc. doing business as Kosmont Companies (“Consultant” or “Kosmont”) is pleased to present this proposal to the City of Montclair (“Client” or “City”) for economic development advisory services.
I. BACKGROUND AND OBJECTIVE
The City is seeking support with exploring key economic development and real estate initiatives to advance its community goals and promote growth for more year-round economic activity.
Kosmont proposes to assist the City in analyzing market conditions and project opportunities, offering economic development strategies, and identifying implementation initiatievs so the City can position itself with desirable use(s) and projects for public benefit(s).
II. SCOPE OF SERVICES
Approach to Scope of Services: The prospective assignment and consulting services that Kosmont will provide will be of a relatively limited scope and duration, and advisory in nature.
Kosmont will be making recommendations only, which advise the Client and jurisdictions, including their elected officials, appointed officials, and staff, which they can accept or reject. None of Kosmont's staff will act as an elected official, appointed official, or as staff, nor as serving in a "designated" position.
Task 1: Economic Development Advisory Services
Kosmont will participate in an in-person kick-off meeting and tour of the City to establish objectives for economic development priorities, opportunity sites / projects, and initiatives with which the Kosmont team can support the City. Subject to availability of budget resources and mutual prioritization by and between Kosmont and Client, Kosmont can specifically address the following as part of its scope of services:
• High-level real estate market demand assessments of various commercial uses and residential, as appropriate within the City;
Agreement No. 26–44
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• Economic / market analyses, project strategies, and opportunity site assessments, as needed, for specific projects;
• Public private project shaping;
• Stakeholder / property owner outreach related to potential property development; • Preparation of high-level illustrative pro forma to demonstrate the supportable investment value for different types of projects (e.g., hotel, retail and/or blended use); • Evaluation of high-level fiscal impacts to understand near- and long-term impacts from new developments/redevelopment within the City;
• Evaluation of economic development tools and/or incentive programs to be considered (e.g., value capture zoning strategies, special purpose / tax increment financing districts, site-specific tax revenue pledges, state and federal grants); • Real estate advisory activities such as Request for Qualifications / Proposals (RFQ/P) and developer vetting / due diligence, developer negotiation assistance, and public private transaction structuring, as appropriate;
• Recruitment and business/developer attraction activities at ICSC Conferences in San Diego in September 2026 and Las Vegas May 2027 (i.e., preparation of marketing flyers, meeting coordination, conference attendance) as appropriate; • Other economic development advisory services, as needed; and • Meetings / presentations to City Council, as necessary.
III. SCHEDULE AND REQUIRED DATA
Consultant is prepared to commence work upon receipt of executed Agreement and provide services for fiscal year 2026/2027. Client will provide Consultant with relevant existing project data.
IV. COMPENSATION
Compensation for Task 1 is estimated at $50,000 for professional services (hourly) fees at Consultant’s billing rates as shown on Attachment A. Future increases in budget will require approval by Client in advance. Budget may be increased by Client at any time.
Consultant anticipates a single consolidated round of Client comments and revisions on draft work product before Kosmont provides a final version of work product. If necessary, additional rounds of comments and revisions can be accommodated on an hourly basis.
Consultant’s attendance or participation at any publicly noticed meeting, whether such participation is in person, digital, video and/or telephonic (e.g., City Council, Planning Commission, Public Agency Board, other), as requested by Client is in addition to compensation for Task 1 will be billed at the professional services (hourly) fees as shown on Attachment A.
Services will be invoiced monthly at Consultant’s standard billing rates, as shown on Attachment A. In addition to professional services (hourly) fees, invoices will include reimbursement for outof-pocket expenses such as travel and mileage (provided that there shall be no overnight travel without the Client’s prior approval and that mileage shall be reimbursed at the current IRS mileage MONTCLAIR CITY COUNCIL MEETING – 07/20/2026 Page 34 of 98 City of Montclair
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reimbursement rate), professional printing, conference calls, and delivery charges for messenger and overnight packages at actual cost. Unless otherwise agreed to in advance, out-of-area travel, if any, requires advance funding of flights and hotel accommodations.
Consultant will also include in each invoice an administrative services fee to cover in-house copy, fax, telephone and postage costs equal to four percent (4.0%) of Consultant’s monthly professional service fees incurred. Any unpaid invoices after 30 days shall accrue interest at the rate of 10% per annum.
For the convenience of Kosmont’s clients, we offer a secure credit card payment service. The credit card payment link is: https://kosmont.paidyet.com and there are two ways to make a secure credit card payment:
1. Fill in the “Make a Payment” form when you go to the link (https://kosmont.paidyet.com), or
2. Call Kosmont Companies’ accounting desk (424) 297-1072 to make a credit card payment Consultant is prepared to commence work upon receipt of executed Agreement.
DISCLOSURE: Compensation for possible future transaction-based services or brokerage services.
The following is being provided solely as an advance disclosure of possible real estate brokerage and finance services and potential compensation for such services. This disclosure is not intended to commit the Client.
When assignments involve real estate/property brokerage services, such transaction-based services are typically provided by Kosmont Real Estate Services, Inc. dba Kosmont Realty (“KR”) is licensed by the State of California Department of Real Estate (License# 02058445).
Compensation to KR is typically paid through commissions for property sale transactions, lease transactions and success/broker fees. KR also provides Broker Opinions of Value (“BOV”) services on a fixed fee basis.
When assignments involve public finance services on behalf of a public agency, such municipal advisory services are provided by Kosmont Financial Services (KFS). KFS is an independent Registered Municipal Advisor with the Securities and Exchange Commission and the Municipal Securities Rulemaking Board.
SEC registration does not constitute an endorsement of the firm by the Commission or state securities regulators.
V. OTHER PROVISIONS
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A. Termination. Client or Consultant shall have the right to terminate this Agreement at any time upon written notification to the other party. Payment for fees accrued through the date of termination shall be remitted in full.
B. Arbitration. Any controversy or claim arising out of or in relation to this Agreement, or the making, performance, interpretation or breach thereof, shall be settled by arbitration at JAMS in Los Angeles, California. Each of the parties to such arbitration proceeding shall be entitled to take up to five depositions with document requests. The provisions of Section 1283.05 (except subdivision (e) thereof) of the California Code of Civil Procedure are incorporated by reference herein, except to the extent they conflict with this Agreement, in which case this Agreement is controlling. If the matter is heard by only one arbitrator, such arbitrator shall be a member of the State Bar of California or a retired judge. If the matter is heard by an arbitration panel, at least one member of such panel shall be a member of the State Bar of California or a retired judge.
The arbitrator or arbitrators shall decide all questions of law, and all mixed questions of law and fact, in accordance with the substantive law of the State of California to the end that all rights and defenses which either party may have asserted in a court of competent jurisdiction shall be fully available to such party in the arbitration proceeding contemplated hereby. The arbitrator and arbitrators shall set forth and deliver their findings of fact and conclusions of law with the delivery of the arbitration award. Judgment upon the award rendered shall be final and non-appealable and may be entered in any court having jurisdiction.
C. Attorneys' Fees. In the event of any legal action, arbitration, or proceeding arising out of an alleged breach of this Agreement, the party prevailing in such legal action, arbitration, or proceeding shall be entitled to recover reasonable attorneys' fees, expenses and costs, as well as all actual attorneys' fees, expenses and cost incurred in enforcing any judgment entered.
D. Authority. Each of the parties executing this Agreement warrants that persons duly authorized to bind each such party to its terms execute this Agreement.
E. Further Actions. The parties agree to execute such additional documents and take such further actions as may be necessary to carry out the provisions and intent of this Agreement.
F. Assignment. Neither this Agreement nor any of the rights or obligations hereunder may be assigned by either party without the prior written consent of the other party.
G. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
H. Entire Agreement; Amendments and Waivers. This Agreement contains the final, complete and exclusive agreement between the parties relating to the transactions contemplated hereby and any and all prior discussions, negotiations, commitments and understanding, whether written or oral, related hereto are superseded hereby. No addition or modification of any term or provision of this Agreement shall be effective unless set forth in writing signed by both parties. No waiver of any of the provisions of this Agreement shall be deemed to constitute a waiver of any other provision hereof (whether or not similar), nor shall such waiver constitute a continuing waiver of such provisions unless otherwise expressly provided. Each party to this Agreement has MONTCLAIR CITY COUNCIL MEETING – 07/20/2026 Page 36 of 98 City of Montclair
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participated in its drafting and, therefore, ambiguities in this Agreement will not be construed against any party to this Agreement.
I. Severability. If any term or provision of this Agreement shall be deemed invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each remaining term and provision of this Agreement shall be valid and in force to the fullest extent permitted by law.
J. Notices. All notices, requests, demands and other communications which may be required under this Agreement shall be in writing and shall be deemed to have been received when transmitted; if personally delivered, if transmitted by telecopier, electronic or digital transmission method, upon transmission; if sent by next day delivery to a domestic address by a recognized overnight delivery service (e.g., Federal Express), the day after it is sent; and if sent by certified or registered mail, return receipt requested, upon receipt. In each case, notice shall be sent to the principal place of business of the respective party. Either party may change its address by giving written notice thereof to the other in accordance with the provisions of this paragraph.
K. Titles and Captions. Titles and captions contained in this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit, extend or describe the scope of this Agreement or the intent of any provision herein.
L. Governing Law. The statutory, administrative and judicial law of the State of California (without reference to choice of law provisions of California law) shall govern the execution and performance of this Agreement.
M. Confidentiality. Each of the parties agrees not to disclose this Agreement or any information concerning this Agreement to any persons or entities, other than to their attorneys and accountants, or as otherwise may be required by law.
N. Counterparts. This Agreement may be executed in one or more counterparts, each of which constitutes an original, and all of which together constitute one and the same instrument. The signature of any person on a telecopy of this Agreement, or any notice, action or consent taken pursuant to this Agreement shall have the same full force and effect as such person's original signature.
O. Disclaimer. Consultant’s financial analysis activities and work product, which may include but is not limited to pro forma analysis and tax projections, are projections only. Actual results may differ materially from those expressed in the analysis performed by Consultant due to the integrity of data received, market conditions, economic events and conditions, and a variety of factors that could materially affect the data and conclusions. Client’s reliance on Consultant’s analysis must consider the foregoing.
Consultant services outlined and described herein are advisory services only. Any decisions or actions taken or not taken by Client and affiliates, are deemed to be based on Client’s understanding and by execution of this Agreement, acknowledgement that Consultant’s services are advisory only and as such, cannot be relied on as to the results, performance and conclusions MONTCLAIR CITY COUNCIL MEETING – 07/20/2026 Page 37 of 98 City of Montclair
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of any investment or project that Client may or may not undertake as related to the services provided including any verbal or written communications by and between the Client and Consultant.
Client acknowledges that Consultant's use of work product is limited to the purposes contemplated within this Agreement. Consultant makes no representation of the work product's application to, or suitability for use in, circumstances not contemplated by the scope of work under this Agreement.
P. Limitation of Damages. In the event Consultant is found liable for any violation of duty, whether in tort or in contract, damages shall be limited to the amount Consultant has received from Client.
Q. Force Majeure. Consultant shall not be liable for failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by significant circumstances beyond its reasonable control, including, without limitation: epidemic; acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; riots; wide-spread power failures and wide-spread internet failure. Contractual performance and deadline(s) shall be extended for a period equal to the time lost by reason of the delay.
R. Expiration of Proposal for Services. If this Agreement is not fully executed by the parties within thirty (30) days from the date of this letter, this proposal shall expire.
S. Not an agreement for Legal Services or Legal Advice. This Agreement does not constitute an agreement for the performance of legal services or the provision of legal advice, or legal opinion. Client should seek independent legal counsel on matters for which Client is seeking legal advice.
[ signature page follows ]
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VI. ACCEPTANCE AND AUTHORIZATION
If this Agreement is acceptable to Client, please execute two copies of the Agreement and return both originals to Kosmont Companies. Upon receipt of both signed contracts, we will return one fully executed original for your files. Kosmont will commence work upon receipt of executed Agreement.
Read, understood, and agreed to this
____ Day of _______________ 2026
City of Montclair Kosmont & Associates, Inc. doing business as “Kosmont Companies”
By: _________________________ By: _________________________ (Signature) (Signature)
Name: John Dutrey Name: Larry J. Kosmont
Its: Mayor Its: CEO
ATTEST
By: _________________________
Andrea Myrick, City Clerk
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"EXHIBIT A"
Kosmont Companies
2026 Public Agency Fee Schedule
Professional Services
President $435.00/hour
Sr. Vice President/Sr. Advisor/Sr. Managing Director $405.00/hour Vice President/Project Advisor $295.00/hour
Senior Project Analyst $210.00/hour
Project Analyst/Project Research $195.00/hour
Assistant Project Analyst/Assistant Project Manager $170.00/hour Project Promotion/Graphics/GIS Mapping Services $ 95.00/hour Administrative Support $ 90.00/hour
Additional Expenses
In addition to professional services (labor fees):
1) An administrative fee for in-house copy, fax, phone, postage costs, digital/technological support and related administrative expenses will be charged, which will be computed at four percent (4.0 %) of monthly Kosmont Companies professional service fees incurred; plus
2) Out-of-pocket expenditures, such as travel and mileage, professional printing, and delivery charges for messenger and overnight packages will be charged at cost. 3) Project/Market data sources for support of evaluation and analysis e.g., ESRI, Placer.ai, CoStar/STR, IMPLAN, ParcelQuest and other based on quoted project cost. 4) If Kosmont retains Third Party Vendor(s) for Client (with Client’s advance approval), fees and cost will be billed to Client at 1.1X (times) fees and costs. 5) Consultant’s attendance or participation at any public meeting, whether such participation is in person, digital, video and/or telephonic (e.g., City Council, Planning Commission, Public Agency Board, other) requested by Client and are beyond those specifically identified in the Scope of Work will be billed at the professional services (hourly) fees as shown on this Attachment A.
• Charges for Court/Deposition/Expert Witness-Related Appearances Court-related (non-preparation) activities, such as court appearances, depositions, mediation, arbitration, dispute resolution and other expert witness activities, will be charged at a court rate of
1.5 times scheduled rates, with a 4-hour minimum.
Rates Effective until December 31, 2026. For and during the term of the subject Agreement, the above referenced rates in each category will be increased, effective January 1, 2027, and annually thereafter, to reflect the adjustment in the CPI (U.S. Dept. of Labor, Bureau of Labor Statistics) All Cities Average Consumer Price Index for the prior year. As an example, the US City Average Consumer Price Index (CPI-U) for December 2025 was 0.3, representing a change of
2.7 percent over the index of the previous 12 months.
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CITY COUNCIL
AGENDA REPORT
DATE: JULY 20, 2026
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 3
FILE I.D.: PER250
DEPT.: ADMIN. SVCS.
PREPARER: M.GHOBRIAL
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 26–45 WITH LIEBERT CASSIDY
WHITMORE FOR PARTICIPATION IN THE EAST INLAND EMPIRE EMPLOYMENT
RELATIONS CONSORTIUM AND PREMIUM LIEBERT LIBRARY SUBSCRIPTION REASON FOR CONSIDERATION: The City’s current Agreement with Liebert Cassidy Whitmore (LCW) for participation in the East Inland Empire Employment Relations Consortium (ERC) is scheduled for renewal on July 1, 2026.
The City Council is requested to consider approval of proposed Agreement No. 26–45 with LCW, a copy of which is attached for the City Council’s review and consideration.
BACKGROUND: For over 30 years, the City of Montclair has participated in LCW’s East Inland Empire ERC. The City’s participation entitles officials and employees to receive group training sessions, unlimited free telephone consultations with the law firm’s attorneys, and a monthly employment relations newsletter. Participating agencies may also receive specialized training for an added cost. As laws related to employment relations are constantly evolving, participating in this consortium is crucial to keeping City employees abreast of such changes.
The contract’s renewal includes the Premium Liebert Library Subscription, which provides unlimited access to LCW’s workbooks in digital format and over 200 sample forms, model policies, and checklists that can be downloaded and used by staff as templates.
The term of the proposed Agreement is for July 1, 2026 to June 30, 2027.
FISCAL IMPACT: The annual fee for participating in the Consortium and renewing the subscription for the Liebert Library is $4,600. Funds to cover the cost are included in the Fiscal Year 2026–27 Personnel Division Budget.
RECOMMENDATION: Staff recommends the City Council approve Agreement No. 26–45 with Liebert Cassidy Whitmore for participation in the East Inland Empire Employment Relations Consortium and Premium Liebert Library Subscription.
MONTCLAIR CITY COUNCIL MEETING – 07/20/2026 Page 41 of 98 6033 WEST CENTURY BOULEVARD, 5TH FLOOR
LOS ANGELES, CALIFORNIA 90045
T: 310.981.2000 F: 310.337.0837
Los Angeles | San Francisco | Fresno | San Diego| Sacramento www.lcwlegal.com
June 22, 2026
Marcia Richter
Assistant City Manager/Human Services Director
City of Montclair
5111 Benito Street
Montclair, CA 91763
Re: East Inland Empire Consortium
Dear Ms. Richter:
We look forward to another successful year with the East Inland Empire Training Consortium. We are pleased to provide the consortium with Five (5) days of group training workshops annually, our digital newsletter and telephone consultation.
Enclosed is an Agreement for Special Services for your signature. If you are not the authorized signer for your organization, you can simply forward the DocuSign email to the authorized signer. Once signed you will be able to download a fully executed copy for your records.
The annual workshop schedule will be sent out shortly.
Some members have requested information regarding our customized training. We provide training outside of the consortium on a variety of topics, all of which can be customized to include your policies and procedures.
The rates vary depending on the presenter. We are willing to provide this customized training for an individual Consortium Member or a group of agencies so that the rate can be pro-rated.
If you have any questions about this program or our services, do not hesitate to contact me at (310) 981- 2055 or [email protected].
Very truly yours,
LIEBERT CASSIDY WHITMORE
Cynthia S. Weldon
Director of Marketing and Training
Enclosures
Agreement No. 26-45 Page 1 of 6 MONTCLAIR CITY COUNCIL MEETING – 07/20/2026 Page 42 of 98 MO060
AGREEMENT FOR SPECIAL SERVICES
This Agreement is entered into between the City of Montclair, A Municipal Corporation,hereinafter referred to as "Consortium Member," and the law firm of LIEBERT CASSIDY WHITMORE, A Professional Corporation, hereinafter referred to as "LCW" for the below described special services (“Agreement”). Consortium Member and LCW may be referred to herein individually as “Party” or collectively as “Parties.” WHEREAS Consortium Member has the need to secure expert training and consulting services to assist Consortium Member in its workforce management and employee relations; and WHEREAS LCW is specially experienced and qualified to perform the special services desired by the Consortium Member and is willing to perform such services; NOW, THEREFORE, Consortium Member and LCW agree as follows:
1. Term & Termination:
This Agreement is effective July 1, 2026 and shall remain in effect until June 30, 2027.
2. LCW's Services:
LCW will provide East Inland Empire consortium membership, which includes the following Services, including the Materials as defined below, to Consortium Member (and the other consortium members) in exchange for payment in full of the Fee defined below:
A. Five (5) days of group training workshops covering various trainings applicable to Consortium Member, with the specific subjects covered and lengths of individual workshop presentations to be determined by Consortium Member and the other members of the consortium.
B. Availability of LCW attorney for Consortium Member to consult by telephone. Consortium calls cover questions that the attorney can answer quickly with little research. They do not include the review of documents, in depth research, written responses (like an opinion letter) or advice on on-going legal matters.
The caller will be informed if the question exceeds the scope of consortium calls. Should the caller request, the attorney can assist on items that fall outside the service, but these matters will be billed at the attorney’s hourly rate. (See Additional Services section.)
C. Providing of a monthly newsletter covering employment relations developments.
D. Access to Liebert Library at the PREMIUM level.
3. Fee:
For the above services the Consortium Member owes $4,600.00, (Four Thousand Six Hundred Dollars) (“Fee”).
The Fee will cover the above Services, including related development and distribution of written materials provided to attendees at the training programs (also “Materials”).
4. Additional Services:
LCW shall, as and when requested by Consortium Member, make itself available to Consortium Member to provide representational, litigation, and other services that are not included within the Services or Materials described herein (“Additional Services”). The Consortium Member will be billed for the actual time such additional Services are rendered, including reasonable travel time, plus any necessary and reasonable costs and expenses.
The range of hourly rates for attorney time is from Three Hundred Ten to Five Hundred Thirty-Five Dollars ($310.00 - $535.00) per hour for attorney staff, Three Hundred Forty Dollars ($340.00) per hour for Labor Agreement No. 26-45 Page 2 of 6 MONTCLAIR CITY COUNCIL MEETING – 07/20/2026 Page 43 of 98 MO060
Relations/HR Consultant and from One Hundred Eighty-Five to Two Hundred Fifty Dollars ($185.00 - $250.00) per hour for services provided by paraprofessional and litigation support staff. Attorneys, paraprofessional and litigation support staff bill their time in minimum units of one-tenth of an hour. LCW reviews its hourly rates on an annual basis and if appropriate in its discretion, adjusts them effective July 1. LCW will provide the Consortium Member with written notification of any adjustments in the ranges of hourly rates.
5. Ownership & Use of Materials:
LCW shall have and retain ownership of all intellectual property rights, including patent rights, copyrights, moral rights, trademark rights, trade name rights, service mark rights, trade dress rights, trade secret rights, proprietary rights, privacy rights, and publicity rights, whether or not those rights have been filed, registered or applied for under any statute or are protected or protectable under applicable law existing at the time the Parties enter into this Agreement with regard to the Materials ("Intellectual Property Rights"). LCW will retain ownership of its Intellectual Property Rights. Consortium Member understands that the Material used during these presentations, including written handouts and projected power points are provided solely for the contracted workshops. Consortium Member warrants there will be no future use of LCW Material in other trainings without the expressed written permission of LCW. To the fullest extent permitted by law, Consortium Member hereby waives and release LCW, and each of their officers and employees (“Released Party(ies)”) from any and all claims, demands, damages, or liabilities, including, but not limited to, those for the ordinary negligence of a Released Party, claims for bodily injury, personal injury or illness, emotional distress, property damage, wrongful death, consequential damages, economic damages, infringement, and attorney’s fees and costs (“Claims” or “Claim”), which arise from or relate to Consortium Member’s unauthorized use of or modification of Material or breach of this Agreement. This release does not apply to a Released Party to the extent a Claim is caused by the willful misconduct or gross negligence of that Released Party.
6. No Representation or Warranty.
LCW does not make any specific promise, representation or warranty regarding the Materials. LCW is not responsible for updating the Materials and, as time passes, the Materials may become outdated or contrary to applicable laws. LCW does not guarantee that the Materials will meet the needs of the Consortium Member or achieve certain results. LCW provides the Materials “AS IS” and without any warranty of any kind and any use by Consortium Member is at their own risk. LCW expressly disclaims any and all warranties, including the implied warranty of merchantability, fitness for a particular purpose and non-infringement to the fullest extent permitted by law. To the fullest extent permitted by law, Consortium Member releases LCW from Claims arising from their use or modification of the Materials.
7. Professional Liability Insurance.
The California Business & Professions Code requires an attorney to inform a client whether the attorney maintains errors and omissions insurance coverage applicable to the Services. LCW confirms that LCW maintains such insurance coverage.
8. Artificial Intelligence
LCW permits attorneys to utilize generative artificial intelligence (“AI”) tools in the performance of their work within the standards and guidance established by the State Bar of California. Attorneys may use AI as a tool and do not use AI work product without applying their own independent legal judgment. Attorneys do not disclose confidential information to unsecure AI tools.
9. Disputes.
If a dispute between Consortium Member and LCW arises over fees charged for services, the controversy will be submitted to binding arbitration in accordance with the rules of the California State Bar Fee Arbitration Program, set forth in California Business and Professions Code, sections 6200 through 6206. The arbitrator or arbitration panel shall have the authority to award to the prevailing party attorneys’ fees, costs and interest incurred in such arbitration. Any arbitration award may be served by mail upon either side and personal service shall not be required. If a dispute arises between Consortium Member and LCW over any other aspect of the attorney-client Agreement No. 26-45 Page 3 of 6 MONTCLAIR CITY COUNCIL MEETING – 07/20/2026 Page 44 of 98 MO060
relationship, including, without limitation, a claim for breach of professional duty, that dispute will also be resolved by arbitration. Both Parties to this agreement, by entering into it, are giving up their constitutional right to have any such dispute decided in a court of law before a jury, and instead are accepting the use of arbitration. Each Party is to bear its own attorney’s fees and costs.
10. File Retention.
LCW will return Consortium Member provided documents upon request at the conclusion of Services. If Consortium Member does not request the return of such documentation, LCW will retain it for a period of seven (7) years after conclusion of the Services. If Consortium Member does not request delivery of such documentation before the end of the seven (7) year period, LCW will have no further obligation to retain the file and may, at LCWs’ discretion, destroy it without further notice to Consortium Member. At any point during the seven (7) year period, Consortium Member may request delivery of the file.
11. Miscellaneous.
It is understood and agreed that LCW is and shall remain an independent contractor under this Agreement.
The Parties acknowledge that: (1) LCW is free from the control and direction of Consortium Member in connection with the performance of Services; (2) LCW performs Services outside the usual course of Consortium Member’s business; and (3) LCW is customarily engaged in an independently established trade, occupation, or business of the same nature as the LCW performs for Consortium Member. This Agreement will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
This Agreement, and any Exhibits, represents the entire and integrated contract between Consortium Member and LCW, and supersedes all prior representations, or agreements. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining valid provisions will nevertheless continue in full force and effect. No modification to any provision of this Agreement shall be effective unless approved in writing and signed by both Parties. The failure of a Party to enforce any of the provisions of this Agreement shall in no way be construed as a waiver of such provisions and shall not affect the right of either Party thereafter to enforce each and every provision herein. The signators to this Agreement are authorized to execute this Agreement on behalf of and bind their respective Parties hereto. This Agreement may be executed in counterparts (including counterparts delivered by facsimile or other electronic means), which taken together will form one legal instrument.
Agreement No. 26-45 Page 4 of 6 MONTCLAIR CITY COUNCIL MEETING – 07/20/2026 Page 45 of 98 MO060
ACCEPTED AND AGREED on the date indicated below:
LIEBERT CASSIDY WHITMORE
A Professional Corporation
Attn: Melanie Chaney
6033 W. Century Blvd., 5th Floor
Los Angeles, CA 90045
Email: [email protected]
CITY OF MONTCLAIR
A Municipal Corporation
By: By:
Melanie Chaney / Managing Partner
Name: John Dutrey
Date:
June 22, 2026
Title: Mayor
Date:
Andrea Myrick, City Clerk
Attested
By:
Agreement No. 26-45 Page 5 of 6 MONTCLAIR CITY COUNCIL MEETING – 07/20/2026 Page 46 of 98 6033 WEST CENTURY BOULEVARD, 5TH FLOOR
LOS ANGELES, CALIFORNIA 90045
T: 310.981.2000 F: 310.337.0837
Los Angeles | San Francisco | Fresno | San Diego| Sacramento www.lcwlegal.com
June 22, 2026
INVOICE
Marcia Richter
Assistant City Manager/Human Services Director
City of Montclair
5111 Benito Street
Montclair, CA 91763
(MO060-10000)
Invoice Number: 326695
East Inland Empire Consortium
Membership: July 1, 2026 through June 30, 2027
ERC Membership
$3,700.00
Liebert Library Subscription
$900.00
Total
$4,600.00
Please add an addition $100.00 to your payment over the amount specified above as a late fee if payment is sent after August 1, 2026.
To learn more about the Liebert Library, visit www.liebertlibrary.com Agreement No. 26-45 Page 6 of 6 MONTCLAIR CITY COUNCIL MEETING – 07/20/2026 Page 47 of 98
CITY COUNCIL
AGENDA REPORT
DATE: JULY 20, 2026
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 4
FILE I.D.: FRD220/GRT115
DEPT.: FIRE
PREPARER: R. DIERCK
SUBJECT: CONSIDER RATIFICATION OF AGREEMENT NO. 26–46, A DATA EXCHANGE FRAMEWORK AND DATA–SHARING AGREEMENT WITH THE CALIFORNIA HEALTH
AND HUMAN SERVICES AGENCY FOR COORDINATION OF EMERGENCY MEDICAL SERVICES IN COMPLIANCE WITH ASSEMBLY BILL 133
CONSIDER AUTHORIZING CITY MANAGER EDWARD C. STARR TO EXECUTE FUTURE
RELATED DOCUMENTS
REASON FOR CONSIDERATION: The City Council is requested to consider ratifying Agreement No. 26–46, a Data Exchange Framework and Data–Sharing Agreement with the California Health and Human Services Agency (CalHHS) for coordination of emergency medical services in compliance with Assembly Bill 133 (AB 133). Due to the implementation timeline established by the State, the agreement was executed administratively by the City Manager to ensure timely compliance. The City Council is further requested to authorize the City Manager to execute future amendments or administrative documents necessary to maintain compliance with the Data Exchange Framework.
BACKGROUND: The California Health and Human Services Agency (CalHHS) established the California Data Exchange Framework (DxF) pursuant to AB 133 (Chapter 143, Statutes of 2021). The Data Exchange Framework creates a statewide data–sharing infrastructure designed to improve the secure exchange of health information among healthcare providers, public health agencies, and other healthcare entities. The purpose of the Framework is to enhance care coordination, improve patient outcomes, reduce duplication of services, and ensure healthcare providers have timely access to critical patient information.
As an Advanced Life Support (ALS) emergency medical services provider, the Montclair Fire Department is identified as a mandatory signatory under the Data Exchange Framework. Execution of the data–sharing agreement is required to comply with California's statewide health information exchange requirements. Participation in the Framework does not require the City to immediately implement new technology but establishes the legal framework governing the exchange of health information as required by state law.
The proposed agreement establishes the responsibilities of participating entities related to the secure exchange of electronic health information in accordance with applicable federal and state privacy laws, including the Health Insurance Portability and Accountability Act (HIPAA) and applicable California confidentiality statutes. The agreement provides standardized terms that apply uniformly to all participating entities throughout California.
MONTCLAIR CITY COUNCIL MEETING – 07/20/2026 Page 48 of 98 FISCAL IMPACT: Execution of Agreement No. 26–46 does not require the payment of any fees and has no immediate fiscal impact to the City's General Fund.
Future administrative or technology costs associated with implementation of statewide health information exchange requirements, if any, will be evaluated as they become known and presented to the City Council through the normal budget process if additional appropriations are required.
RECOMMENDATION: Staff recommends the City Council take the following actions:
1. Ratify Agreement No. 26–46, a Data Exchange Framework and Data–Sharing Agreement with the California Health and Human Services Agency for coordination of emergency medical services in compliance with AB 133; and
2. Authorize City Manager Edward C. Starr to execute future related documents.
MONTCLAIR CITY COUNCIL MEETING – 07/20/2026 Page 49 of 98 California Health and Human Services
Data Exchange Framework:
Single Data Sharing Agreement
Last Updated: November 3, 2022
Agreement No. 26-46 Page 1 of 11 MONTCLAIR CITY COUNCIL MEETING – 07/20/2026 Page 50 of 98
TABLE OF CONTENTS
Page
-i1. PARTIES ....................................................................................................................................... 1
2. PURPOSE AND INTENT ............................................................................................................ 1
3. DEFINITIONS .............................................................................................................................. 1
4. USE OF HEALTH AND SOCIAL SERVICES INFORMATION........................................... 3
5. POLICIES AND PROCEDURES AND SPECIFICATIONS ................................................... 3
6. AUTHORIZATIONS ................................................................................................................... 4
7. REQUIREMENT TO EXCHANGE HEALTH AND SOCIAL SERVICES
INFORMATION ........................................................................................................................... 4
8. PRIVACY AND SECURITY ....................................................................................................... 4
9. MINIMUM NECESSARY ........................................................................................................... 5
10. INDIVIDUAL ACCESS SERVICES .......................................................................................... 5
11. COOPERATION AND NON-DISCRIMINATION .................................................................. 5
12. INFORMATION BLOCKING .................................................................................................... 6
13. LEGAL REQUIREMENTS ......................................................................................................... 6
14. REPRESENTATIONS AND WARRANTIES ........................................................................... 6
15. TERM, SUSPENSION, AND TERMINATION ........................................................................ 7
16. PARTICIPANT LIABILITY....................................................................................................... 8
17. MISCELLANEOUS/GENERAL PROVISIONS ....................................................................... 8 Agreement No. 26-46 Page 2 of 11 MONTCLAIR CITY COUNCIL MEETING – 07/20/2026 Page 51 of 98 Status: Final
Original Publication Date: July 5, 2022 Version: 1.0.1
1 1. PARTIES
(a) This Single Data Sharing Agreement is made between the Participants (defined below) who are required to or elect to exchange Health and Social Services Information (defined below) within the State of California in accordance with this Agreement (defined below).
2. PURPOSE AND INTENT
(a) California Health and Safety Code § 130290 was enacted in 2021 and establishes the creation of the California Health and Human Services Data Exchange Framework and requires certain data sharing among entities as set forth in California Health and Safety Code § 130290(f) on or before January 31, 2024. California Health and Safety Code § 130290 also provides for the California Health and Human Services Agency to encourage the inclusion of county health, public benefit, and social services as part of the Data Exchange Framework. The framework includes this single data sharing agreement and a set of common policies and procedures.
(b) This Agreement is intended to facilitate data exchange between the Participants in compliance with all applicable federal, state, and local laws, regulations, and policies. This Agreement sets forth a common set of terms, conditions, and obligations to support secure real-time access to, or exchange of, Health and Social Services Information (as defined below) between and among the Participants. Nothing in this Agreement is intended to replace or supersede any existing or future agreement between or among two or more Participants that provides for more extensive data exchange than that required under this Agreement.
(c) This Agreement is not intended nor designed to: (i) mandate or require a specific technology; (ii) create a single entity that exchanges Health and Social Services Information; or (iii) create a single repository of data.
3. DEFINITIONS
“Agreement” shall mean this Data Sharing Agreement, the Policies and Procedures and the Specifications. “Applicable Law” shall mean all federal, state, local, or tribal laws and regulations then in effect and applicable to the subject matter herein. For the avoidance of doubt, federal government entities are only subject to federal law.
“Authorization” shall have the meaning and include the requirements set forth at 45 CFR § 164.508 of the HIPAA Regulations and at Cal. Civ. Code § 56.05. The term shall include all requirements for obtaining consent to disclose confidential substance abuse disorder treatment records as set forth in 42 C.F.R. Part 2, when applicable, and shall include any additional requirements under Applicable Law to disclose PHI or PII.
“Breach” shall mean the unauthorized acquisition, access, disclosure, or use of Health and Social Services Information as set forth in the Policies and Procedures. “Confidential Participant Information” shall mean proprietary or confidential materials or information of a Participant in any medium or format that a Participant labels as such upon disclosure or that given the nature of the information or the circumstances surrounding its disclosure, reasonably should be considered confidential. Notwithstanding any label to the contrary, Confidential Participant Information does not Agreement No. 26-46 Page 3 of 11 MONTCLAIR CITY COUNCIL MEETING – 07/20/2026 Page 52 of 98 Status: Final
Original Publication Date: July 5, 2022 Version: 1.0.1
2 include any information which is or becomes known publicly through no fault of the party to which such information is disclosed (a “Receiving Party”); is learned of by a Receiving Party from a third party entitled to disclose it; is already known to a Receiving Party before receipt from the disclosing Participant as documented by the Receiving Party’s written records; or is independently developed by a Receiving Party without reference to, reliance on, or use of the disclosing Participant’s Confidential Participant Information. “Covered Entity” shall have the meaning set forth at 45 C.F.R. § 160.103 and shall also include the following as these terms are defined in California Civil Code § 56.05: “provider of health care,” “health care service plan,” and “licensed health care professional.” “Effective Date” shall mean January 31, 2023.
“Governance Entity” shall mean the entity within the California Health and Human Services Agency established to oversee the California Data Exchange Framework, the Framework’s Data Sharing Agreement and its Policies and Procedures.
“Governmental Participants” shall mean those Participants that are local (e.g. municipalities, counties), state, tribal, or federal entities.
“Health and Social Services Information” shall mean any and all information received, stored, processed, generated, used, transferred, disclosed, made accessible, or shared pursuant to this Agreement, including but not limited to: (a) Data Elements as set forth in the applicable Policy and Procedure; (b) information related to the provision of health care services, including but not limited to PHI; and (c) information related to the provision of social services. Health and Social Services Information may include PHI, PII, deidentified data (as defined in the HIPAA Regulations at 45 C.F.R. § 164.514), anonymized data, pseudonymized data, metadata, digital identities, and schema. “HIPAA Regulations” shall mean the standards for privacy of individually identifiable health information, the security standards for the protection of electronic protected health information and the breach notification rule (45 C.F.R. §§ 160 and 164) promulgated by the U.S. Department of Health and Human Services under the Health Insurance Portability and Accountability Act (HIPAA) of 1996, as in effect on the Effective Date and as may be amended, modified, or renumbered. “Individual User” shall mean the person who is the subject of PHI or PII. “Participant(s)” shall mean each health care organization as set forth in California Health and Safety Code § 130290(f) and any other person or organization that is a signatory to this Agreement. Participants may include, but are not limited to, a health information network, a community information exchange, a laboratory, a health system, a health IT developer, a community-based organization, a payer, a government agency, a research institute, or a Social Services Organization. “Personally Identifiable Information” or “PII” shall have the same meaning as “Personal Information” set forth in Section 1798.140(o) of the California Civil Code, but shall be limited to PII exchanged pursuant to this Agreement.
“Personal Representative” shall refer to a person who, under Applicable Law, has authority to act on behalf of an individual as set forth in 45 C.F.R. § 164.502(g). “Policies and Procedures” shall mean the policies and procedures adopted by the Governance Entity Agreement No. 26-46 Page 4 of 11 MONTCLAIR CITY COUNCIL MEETING – 07/20/2026 Page 53 of 98 Status: Final
Original Publication Date: July 5, 2022 Version: 1.0.1
3 pursuant to this Agreement.
“Protected Health Information” or “PHI” shall refer to “protected health information” as set forth at 45 C.F.R. § 160.103 of the HIPAA Regulations and “medical information” as set forth at Civil Code § 56.05. “Qualified Health Information Organization” or “Qualified HIO” shall mean a state-designated data exchange intermediary that facilitates the exchange of Health and Social Services Information between Participants.
“Recipient” shall mean a Participant that receives Health and Social Services Information from a Submitter.
For purposes of illustration only, Recipients include, but are not limited to, Participants who receive queries, responses, subscriptions, publications or unsolicited messages. “Social Services” shall mean the delivery of items, resources, and/or services to address social determinants of health and social drivers of health, including but not limited to housing, foster care, nutrition, access to food, transportation, employment, and other social needs. “Social Services Organization” shall mean a person or entity whose primary business purpose is to provide Social Services to individuals. Social Services Organizations can include but are not limited to government entities (including multi-department health and human services agencies), community-based organizations, nonprofits, and private entities.
“Specifications” shall mean the specifications adopted by the Governance Entity pursuant to this Agreement to establish (i) minimum data content required for particular data exchange use cases and (ii) technical and security requirements to enable the Participants to exchange Health and Social Services Information. Specifications may include, but are not limited to, specific network standards, services, and policies.
“Submitter” shall mean a Participant that submits Health and Social Services Information to a Recipient. “System” shall mean software, portal, platform, or other electronic medium controlled by a Participant through which the Participant conducts Health and Social Services Information exchange-related activities.
For purposes of this definition, it shall not matter whether the Participant controls the software, portal, platform, or medium through ownership, lease, license, or otherwise. “Treatment” shall have the same meaning as set forth at 45 C.F.R. § 164.501 of the HIPAA Regulations.
4. USE OF HEALTH AND SOCIAL SERVICES INFORMATION
(a) Required, Permitted and Prohibited Purposes. The purposes for which the Participants shall or may acquire, access, use, and disclose Health and Social Services Information pursuant to this Agreement, and the purposes for which the Participants may not acquire, access, use or disclose Health and Social Services Information pursuant to this Agreement, shall be set forth in the Policies and Procedures.
5. POLICIES AND PROCEDURES AND SPECIFICATIONS
(a) Compliance with Terms of this Agreement. Participants shall at all times abide by this Agreement, including the Policies and Procedures and Specifications.
Agreement No. 26-46 Page 5 of 11 MONTCLAIR CITY COUNCIL MEETING – 07/20/2026 Page 54 of 98 Status: Final
Original Publication Date: July 5, 2022 Version: 1.0.1
4 (b) Incorporation; Modifications. The Policies and Procedures, the Specifications, and any future updates to either of them are hereby incorporated by reference into this Agreement. The Policies and Procedures and Specifications are intended to be flexible to address changing needs and standards and may be modified from time to time through the process outlined in the Policies and Procedures without a need to modify or re-execute this Agreement. (c) Health Equity. In order to reduce healthcare disparities, the Specifications shall set forth standards that advance health equity.
6. AUTHORIZATIONS
(a) To the extent required by Applicable Law, Participants shall not disclose PHI or PII to another Participant unless a legally valid Authorization has been obtained. For the avoidance of doubt, Participants shall not be required to obtain an Authorization prior to disclosing PHI or PII pursuant to this Agreement unless an Authorization is required under Applicable Law. Any disclosure of Health and Social Services Information by a Submitter shall be deemed an express representation that the Submitter has complied with this Section and unless the Recipient has actual knowledge to the contrary, the Recipient may reasonably and justifiably rely upon such representation.
7. REQUIREMENT TO EXCHANGE HEALTH AND SOCIAL SERVICES INFORMATION (a) Each Participant shall engage in the exchange of Health and Social Services Information as set forth in the Policies and Procedures, either through execution of an agreement with a Qualified HIO, through execution of an agreement with another entity that provides data exchange, or through use of the Participant’s own technology. If a Participant elects not to execute an agreement with a Qualified HIO and instead elects to use its own technology or to execute an agreement with another entity that provides data exchange, the Participant must comply with or obtain reasonable assurances that the other entity enables the Participant to comply with, the minimum requirements for data exchange set forth in the Policies and Procedures or Specifications.
(b) Participants shall engage in the real-time exchange of Health and Social Services Information in accordance with the timeframes set forth in the Policies and Procedures.
8. PRIVACY AND SECURITY
(a) General. Each Participant shall at all times fully comply with all Applicable Law relating to this Agreement and the use of Health and Social Services Information. (b) Safeguards. Each Participant shall be responsible for maintaining a secure environment that supports the exchange of PHI or PII as set forth in the Policies and Procedures. (c) Individual User Education. Participants shall use tools, resources, and technical assistance made available by the California Health and Human Services Agency to help Individual Users and/or their Personal Representatives understand the benefits of information sharing and for obtaining informed consent.
Agreement No. 26-46 Page 6 of 11 MONTCLAIR CITY COUNCIL MEETING – 07/20/2026 Page 55 of 98 Status: Final
Original Publication Date: July 5, 2022 Version: 1.0.1
5 9. MINIMUM NECESSARY
(a) Any use or disclosure of PHI or PII pursuant to this Agreement will be limited to the minimum PHI or PII necessary to achieve the purpose for which the information is shared, except where limiting such use or disclosure to the minimum necessary (i) is not feasible, (ii) is not required under the HIPAA Regulations (such as for Treatment) or any other Applicable Law, (iii) is a disclosure to an Individual User or Individual User’s Personal Representative, (iv) is a disclosure pursuant to an Individual User’s Authorization, or (v) is a disclosure required by Applicable Law.
10. INDIVIDUAL ACCESS SERVICES
(a) Bidirectional Access to Health Information. An Individual User or an Individual User’s Personal Representative shall have the right to inspect, obtain a copy of, and have bidirectional electronic access to, PHI or PII about the Individual User as set forth in the Policies and Procedures and to the extent consistent with Applicable Law.
11. COOPERATION AND NON-DISCRIMINATION
(a) Each Participant shall
(i) Cooperate in good faith with the Governance Entity and all other Participants to implement the provisions of this Agreement;
(ii) Provide such non-privileged information to the Governance Entity and any other Participant as they may reasonably request for purposes of performing activities related to this Agreement; (iii) Actively engage in the bilateral or multilateral exchange of information with other Participants as both a Submitter and Recipient of information to the extent permitted or required under this Agreement and Applicable Law;
(iv) Devote such time as may reasonably be requested by the Governance Entity to review information, meet with, respond to, and advise the Governance Entity or other Participants with respect to activities as they relate to this Agreement; (v) Provide such reasonable assistance as may be requested by the Governance Entity when performing activities as they relate to this Agreement; and (vi) Provide any requested information and assistance to the Governance Entity or other Participants in the investigation of breaches and disputes, subject to a Participant’s right to restrict or condition its cooperation or disclosure of information in the interest of (A) preserving privileges in any foreseeable dispute or litigation or (B) protecting its Confidential Participant Information. In no case shall a Participant be required to disclose PHI or PII in violation of Applicable Law. (b) In seeking another Participant’s cooperation, each Participant shall make all reasonable efforts to accommodate the other Participant’s schedules and reasonable operational concerns. A Participant shall promptly report, in writing, to any other Participant and the Governance Entity, any problems or issues that arise in working with the other Participant’s employees, agents, or subcontractors that threaten to delay or otherwise adversely impact a Participant’s ability to fulfill its responsibilities under this Agreement. This writing shall set forth in detail and with clarity the problems that the Participant has identified.
Agreement No. 26-46 Page 7 of 11 MONTCLAIR CITY COUNCIL MEETING – 07/20/2026 Page 56 of 98 Status: Final
Original Publication Date: July 5, 2022 Version: 1.0.1
6 (c) Prohibition on Exclusivity. A Participant may not require exclusivity or otherwise prohibit (or attempt to prohibit) any other Participant, entity, or individual from joining or exchanging Health and Social Services Information under this Agreement.
(d) No Discriminatory Limits on Exchange of Health and Social Services Information. A Participant shall not unfairly or unreasonably limit exchange or interoperability with any other Participant or Individual User, such as by means of burdensome testing requirements that are applied in a discriminatory manner or other means that limit the ability of a Participant to send or receive Health and Social Services Information with another Participant or Individual User or slows down the rate at which such Health and Social Services Information is sent or received if such limitation or slower rate would have an anti-competitive effect.
12. INFORMATION BLOCKING
(a) Participants shall comply with any information-blocking provisions set forth in the Policies and Procedures.
13. LEGAL REQUIREMENTS
(a) Monitoring and Auditing. The Governance Entity, acting through its agents and independent contractors, shall have the right, but not the obligation, to monitor and audit Participants’ compliance with their obligations under this Agreement. Unless prohibited by Applicable Law, Participants shall cooperate with the Governance Entity in these monitoring and auditing activities and shall provide, upon the reasonable request of the Governance Entity, complete and accurate information in the furtherance of its monitoring and auditing activities. To the extent that any information provided by Participants to the Governance Entity in connection with such monitoring and auditing activities constitutes Confidential Participant Information, the Governance Entity shall hold such information in confidence and shall not redisclose such information to any person or entity except as required by Applicable Law. (b) Individual User Opt Out. Nothing in this Agreement shall prohibit an Individual User or an Individual User’s Personal Representative from opting out of having the Individual User’s PHI or PII exchanged pursuant to this Agreement.
14. REPRESENTATIONS AND WARRANTIES
Each Participant hereby represents and warrants the following:
(a) Execution of the Agreement. Each Participant has full power and authority to enter into and perform this Agreement and has taken whatever measures necessary to obtain all required approvals or consents in order for it to execute this Agreement. The representatives signing this Agreement on behalf of the Participants affirm that they have been properly authorized and empowered to enter into this Agreement on behalf of the Participant.
(b) Compliance with this Agreement. Except to the extent prohibited by Applicable Law, each Participant shall comply fully with all provisions of this Agreement. To the extent that a Participant delegates its duties under this Agreement to a third party (by contract or otherwise) and such third party will have access to Health and Social Services Information, that delegation shall be in writing and require the third party, prior to exchanging Health and Social Services Information with any Participants, to agree to the same restrictions and conditions that apply through this Agreement to a Participant. If a Governmental Agreement No. 26-46 Page 8 of 11 MONTCLAIR CITY COUNCIL MEETING – 07/20/2026 Page 57 of 98 Status: Final
Original Publication Date: July 5, 2022 Version: 1.0.1
7 Participant determines, after reasonable diligence, that any action or inaction relative to an obligation, including conformance to changes in the Specifications or Policies and Procedures, will cause it to violate Applicable Law, the Governmental Participant may terminate this Agreement immediately upon sending written notice to the Governance Entity.
(c) Accuracy of Health and Social Services Information. When acting as a Submitter, each Participant represents that at the time of transmission, the Health and Social Services Information it provides is an accurate representation of the data contained in, or available through, its System and is (i) sent from a System that employs security controls that meet industry standards so that the Health and Social Services Information being transmitted is intended to be free from malicious software, and (ii) provided in a timely manner and in accordance with the Policies and Procedures. Other than those representations elsewhere in this Agreement, the Submitter makes no other representation, express or implied, about the Health and Social Services Information.
(d) Express Warranty of Authority to Exchange Health and Social Services Information. To the extent each Participant discloses Health and Social Services Information to another Participant, the Participant represents and warrants that it has sufficient authority to disclose such Health and Social Services Information.
(e) Third-Party Technology. All Participants acknowledge that other Participants use technology solutions, applications, interfaces, software, platforms, clearinghouses, and other IT resources to support exchange of Health and Social Services Information that may be provided by third parties (“Third-Party Technology”). Each Participant shall have agreements in place that require Third-Party Technology vendors (i) to provide reliable, stable, and secure services to the Participant and (ii) to adhere to the same or similar privacy and security standards applicable to the Participant pursuant to this Agreement. However, all Participants acknowledge that Third-Party Technology may be interrupted or not available at times and that this could prevent a Participant from transmitting Health and Social Services Information. Participants do not make any representations or warranties as to their Third-Party Technology.
15. TERM, SUSPENSION, AND TERMINATION
(a) Term. This Agreement shall commence on the Effective Date and shall continue until terminated in accordance with this Section or the Policies and Procedures. (b) Termination by a Participant. A Participant that is not legally required to sign this Agreement by California Health and Safety Code § 130290 may terminate this Agreement, with or without cause, by giving the Governance Entity at least ten (10) business days’ prior written notice. (c) Effect of Termination. Upon any termination of this Agreement for any reason, the terminated party shall cease to be a Participant and thereupon and thereafter that party shall have no rights under this Agreement to exchange data with other Participants. In the event that any Participant(s) is terminated, this Agreement will remain in full force and effect with respect to all other Participants.
Termination of this Agreement shall not affect any rights or obligations which by their terms should survive termination or expiration.
(d) Enforcement Action. The Participants hereby grant to the Governance Entity the power to enforce any portion of this Agreement through measures set forth in the Policies and Procedures. Such measures may include, but are not limited to, suspension or termination of a Participant’s right to exchange Health and Social Services Information under this Agreement.
Agreement No. 26-46 Page 9 of 11 MONTCLAIR CITY COUNCIL MEETING – 07/20/2026 Page 58 of 98 Status: Final
Original Publication Date: July 5, 2022 Version: 1.0.1
8 16. PARTICIPANT LIABILITY
(a) Participant Liability. Each Participant shall be responsible for its acts and omissions and not for the acts or omissions of any other Participant. Notwithstanding any provision in this Agreement to the contrary, Participant shall not be liable for any act or omission if a cause of action for such act or omission is otherwise prohibited by Applicable Law. This Section shall not be construed as a hold harmless or indemnification provision.
17. MISCELLANEOUS/GENERAL PROVISIONS
(a) Governing Law. The construction, interpretation and performance of this Agreement shall be governed and enforced pursuant to the laws of the State of California, without giving effect to its conflicts of laws provisions, except to the extent California law is preempted by any provision of federal law. (b) Jurisdiction and Venue. Each Participant hereby submits to the exclusive jurisdiction of any state or federal court sitting in the state of California within twenty-five (25) miles of Sacramento, California in any legal proceeding arising out of or relating to this Agreement unless otherwise required by Applicable Law. Each Participant hereby agrees that all claims and matters arising out of this Agreement may be heard and determined by such court, and each Party hereby waives any right to object to such filing on grounds of improper venue, forum non-conveniens, or other venue-related grounds. (c) Assignment. No party shall assign or transfer this Agreement, or any part thereof, without the express written consent of the Governance Entity, which shall not be unreasonably delayed or denied.
Any assignment that does not comply with the requirements of this Section 17(c) shall be void and have no binding effect.
(d) Survival. All Sections which by their nature are meant to survive this Agreement shall survive expiration or termination of this Agreement.
(e) Waiver. No failure or delay by any party in exercising its rights under this Agreement shall operate as a waiver of such rights, and no waiver of any right shall constitute a waiver of any prior, concurrent, or subsequent right.
(f) Captions. Captions appearing in this Agreement are for convenience only and shall not be deemed to explain, limit or amplify the provisions of this Agreement. (g) Entire Agreement. This Agreement sets forth the entire agreement among the parties relative to the subject matter hereof. Any representation, promise, or condition, whether oral or written, not incorporated herein shall not be binding upon any party. This Agreement may only be modified in the manner provided in the Policies and Procedures.
(h) Validity of Provisions. In the event that a court of competent jurisdiction shall hold any Section or any part or portion of any Section of this Agreement invalid, void, or otherwise unenforceable, each and every remaining Section or part or portion thereof shall remain in full force and effect. (i) Priority. In the event of any conflict or inconsistency between a provision in the body of this Agreement and the Policies and Procedures or the Specifications, the terms contained in the Policies and Procedures or the Specifications shall prevail, except to the extent they conflict with Applicable Law.
Agreement No. 26-46 Page 10 of 11 MONTCLAIR CITY COUNCIL MEETING – 07/20/2026 Page 59 of 98 Status: Final
Original Publication Date: July 5, 2022 Version: 1.0.1
9 (j) Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be considered an original counterpart, and shall become a binding agreement when each party shall have executed one counterpart.
(k) Third-Party Beneficiaries. With the exception of the parties to this Agreement, there shall exist no right of any person to claim a beneficial interest in this Agreement or any rights occurring by virtue of this Agreement.
(l) Force Majeure. No party shall be responsible for any delays or failures in performance caused by the occurrence of events or other circumstances that are beyond its reasonable control after the exercise of commercially reasonable efforts to either prevent or mitigate the effect of any such occurrence or event.
(m) Time Periods. Any of the time periods specified in this Agreement may be changed pursuant to the mutual written consent of the Governance Entity and the affected Participant(s).
Agreement No. 26-46 Page 11 of 11 MONTCLAIR CITY COUNCIL MEETING – 07/20/2026 Page 60 of 98
CITY COUNCIL
AGENDA REPORT
DATE: JULY 20, 2026
SECTION: CONSENT - RESOLUTIONS
ITEM NO.: 1
FILE I.D.: STB300–17
DEPT.: FINANCE
PREPARER: C. GRAVES
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 26–3525 AUTHORIZING PLACEMENT OF
ASSESSMENTS ON CERTAIN PROPERTIES FOR DELINQUENT SEWER AND TRASH
ACCOUNTS
REASON FOR CONSIDERATION: The City Council is requested to consider adoption of Resolution No. 26–3525 authorizing placement of assessments on certain properties for delinquent sewer and trash accounts. There are 551 outstanding liens on properties for collection of delinquent civil debts owed to the City for sewer and trash service.
Placement of assessments on these properties would assist in more timely collection of these delinquent accounts.
A copy of proposed Resolution No. 26–3525 is attached for City Council review and consideration.
BACKGROUND: The City Council authorized the placement of 672 liens on properties for delinquent sewer and trash charges on the following dates:
Date No. of Liens
July 24, 2025 122
October 23, 2025 97
November 6, 2025 130
February 5, 2026 100
March 5, 2026 137
June 4, 2026 86
Total 672
Of these 672 liens, 121 have been cleared.
It is recommended that assessments, which are collected with the property tax, be placed on the properties where the 551 unpaid liens remain. This would result in more timely collection of the delinquencies than the lien process, which generates payment only upon sale or refinancing of the property.
In addition to the regular bimonthly billings, the City has sent bimonthly letters to these property owners advising them of their delinquencies. They received notification when the liens were placed and were again notified on June 16, 2026, that the action proposed this evening would be considered by the City Council.
FISCAL IMPACT: Recoverable amount is $262,544.59
RECOMMENDATION: Staff recommends the City Council adopt Resolution No. 26–3525 authorizing placement of assessments on certain properties for delinquent sewer and trash charges.
MONTCLAIR CITY COUNCIL MEETING – 07/20/2026 Page 61 of 98 Resolution No. 26–3525 Page 1 of 1
RESOLUTION NO. 26–3525
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF MONTCLAIR AUTHORIZING PLACEMENT
OF ASSESSMENTS ON CERTAIN PROPERTIES FOR
DELINQUENT SEWER AND TRASH ACCOUNTS
WHEREAS, Chapter 1.12 of the Montclair Municipal Code authorizes various methods by which delinquent civil debts may be collected including, but not limited to, the placement of assessments on the properties on which the debts were generated; and WHEREAS, City Council has recently placed 672 property liens on properties on which there are delinquent civil debts for unpaid sewer and trash charges; and WHEREAS, the lien amount was paid on 121 of these liens; and WHEREAS, it is appropriate to also place assessments on these properties where the 551 liens remain outstanding as identified on Exhibit A of this Resolution to further encourage the payment of these charges owed to the City; and WHEREAS, the owners of these properties have received notification of proposed actions against their properties including the date and time when such action would be considered by the City Council.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Montclair does hereby approve the placement of assessments on the properties and in the amounts specified in Exhibit A, entitled "August 2026 – Property Assessments”.
BE IT FURTHER RESOLVED that the City of Montclair authorizes and directs the San Bernardino County Auditor–Controller/Treasurer/Tax Collector to place the approved charges on the annual secured property tax roll for collection.
BE IT FURTHER RESOLVED that the City of Montclair hereby authorizes the total amount of the charge, including any applicable County administrative or processing fees, to be placed on the San Bernardino County annual tax roll and collected in the same manner as property taxes.
BE IT FURTHER RESOLVED that the City Clerk is authorized to provide the San Bernardino County Auditor–Controller/Treasurer/Tax Collector Assessor's Office with the documents required to cause such assessments 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. 26–3525 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 – 07/20/2026 Page 62 of 98 Exhibit A to Resolution No. 26–3525
August 2026 – Property Assessments
Street
No. Street Account Type Lien 1 Lien 2 Lien 3 Total Assessment 4334 Alamitos Street Residential 402.34 422.35 437.88 1,262.57 4371 Alamitos Street Residential 434.00 434.00
5366 Alamitos Street Senior 435.43 435.43
9757 Amherst Avenue Residential 424.10 424.75 438.14 1,286.99 9910 Amherst Avenue Residential 424.10 424.75 438.14 1,286.99 9960 Amherst Avenue Residential 425.90 424.95 438.16 1,289.01 10207 Amherst Avenue Residential 585.95 452.39 441.18 1,479.52 11141 Amherst Avenue Residential 422.89 401.94 824.83
4314 Appaloosa Way Residential 424.67 424.67
4342 Appaloosa Way Residential 379.08 379.08
5363 Arrow Hwy Residential 1,748.48 429.92 358.31 2,536.71 5071 Bandera Street Residential 298.71 298.71
9633 Bel Air Avenue Residential 490.93 490.93
9910 Bel Air Avenue Residential 416.63 423.92 283.20 1,123.75 10024 Bel Air Avenue Residential 457.89 456.99 470.20 1,385.08 10145 Bel Air Avenue Residential 424.69 434.64 439.22 1,298.55 4354 Benito Street Senior 366.60 366.60
4435 Benito Street Residential 424.09 424.75 848.84
4460 Benito Street Residential 565.19 439.85 1,005.04
4553 Benito Street Residential 567.76 453.87 1,021.63
5196 Benito Street Commercial 456.88 275.60 732.48
5206 Benito Street Commercial 456.99 275.61 732.60
5428 Benito Street Residential 414.65 414.65
5429 Benito Street Residential 424.10 798.38 479.24 1,701.72 5568 Benito Street Residential 438.33 438.33
5598 Benito Street Residential 456.11 456.79 470.18 1,383.08 9590 Benson Avenue Residential 280.91 405.01 685.92
10376 Benson Avenue Multifamily 1,349.35 1,349.35
4843 Berkeley Street Residential 424.10 424.75 438.14 1,286.99 5353 Berkeley Street Residential 476.42 477.12 490.51 1,444.05 5382 Berkeley Street Residential 424.00 424.74 438.13 1,286.87 5214 Berkshire Way Residential 524.70 295.64 820.34
4541 Bonnie Brae Street Residential 438.85 454.90 469.97 1,363.72 4576 Bonnie Brae Street Residential 424.10 424.75 438.14 1,286.99 4586 Bonnie Brae Street Residential 488.51 488.51
5450 Bonnie Brae Street Residential 617.31 487.83 1,105.14 11339 Brunswick Lane Residential 428.63 272.49 701.12
11419 Brunswick Lane Residential 468.75 468.75
11427 Brunswick Lane Residential 466.36 280.13 746.49
11304 Butterfield Avenue Residential 425.17 271.65 696.82 4853 Cambridge Street Residential 425.13 438.17 863.30
5448 Cambridge Street Senior 386.90 401.46 788.36
5470 Cambridge Street Residential 424.10 424.75 438.14 1,286.99 5471 Cambridge Street Residential 424.10 424.75 438.14 1,286.99 9151 Camulos Avenue Residential 445.50 427.10 438.39 1,310.99 MONTCLAIR CITY COUNCIL MEETING – 07/20/2026 Page 63 of 98 Exhibit A to Resolution No. 26–3525
August 2026 – Property Assessments
Street
No. Street Account Type Lien 1 Lien 2 Lien 3 Total Assessment 9178 Camulos Avenue Senior 421.45 420.47 841.92
9243 Camulos Avenue Residential 424.10 424.75 438.14 1,286.99 9426 Camulos Avenue Residential 624.74 475.33 472.21 1,572.28 9511 Camulos Avenue Residential 456.11 456.79 470.18 1,383.08 9820 Camulos Avenue Residential 618.94 618.94
9877 Camulos Avenue Residential 457.39 456.93 470.19 1,384.51 10060 Camulos Avenue Residential 385.80 385.80
10234 Camulos Avenue Residential 424.54 434.62 439.22 1,298.38 10259 Camulos Avenue Residential 445.03 454.98 459.56 1,359.57 9540 Camulos Avenue Residential 654.49 491.93 1,146.42
11409 Cannery Row Residential 468.75 280.40 749.15
4924 Canoga Street Residential 423.73 434.53 439.21 1,297.47 5666 Caroline Street Residential 424.10 424.75 438.14 1,286.99 11239 Carriage Avenue Senior 534.41 534.41
11178 Carrillo Avenue Residential 424.69 434.64 439.22 1,298.55 9956 Central Avenue Residential 567.76 399.11 966.87
10360 Central Avenue Commercial 449.56 278.29 727.85
5159 Clair Street Residential 407.55 374.76 465.64 1,247.95 5246 Clair Street Residential 317.57 317.57
4303 Clydesdale Way Residential 424.69 434.64 439.22 1,298.55 9795 Coalinga Avenue Residential 424.10 424.75 438.14 1,286.99 9824 Coalinga Avenue Senior 406.70 409.21 424.48 1,240.39 10164 Coalinga Avenue Residential 424.69 424.69
10231 Coalinga Avenue Residential 424.69 434.64 439.22 1,298.55 11148 Coalinga Avenue Residential 424.69 439.22 434.64 1,298.55 11465 Cobblestone Lane Residential 468.74 280.39 749.13 11207 College Avenue Residential 443.02 277.56 720.58
9871 Columbine Avenue Residential 642.02 642.02
9815 Columbine Avenue Senior 386.65 386.65
11362 Cumberland Lane Residential 456.99 275.61 732.60
11438 Cumberland Lane Residential 321.33 321.33
11469 Cumberland Lane Residential 456.99 275.61 732.60
11333 Dartmouth Lane Residential 456.99 275.61 732.60
9827 Del Mar Avenue Residential 496.73 496.73
10190 Del Mar Avenue Residential 424.69 434.64 439.22 1,298.55 10236 Del Mar Avenue Residential 424.69 434.64 439.22 1,298.55 5427 Denver Street Residential 920.90 479.40 444.15 1,844.45 5616 Denver Street Residential 424.10 424.75 438.14 1,286.99 5626 Denver Street Residential 456.11 456.79 470.18 1,383.08 4512 Donner Court Residential 567.76 567.76
5168 El Morado Street Residential 464.16 477.42 941.58
5429 El Morado Street Residential 424.10 424.75 438.14 1,286.99 11159 Essex Avenue Residential 424.69 434.64 439.22 1,298.55 4696 Evart Street Residential 418.03 435.40 439.31 1,292.74 5383 Evart Street Residential 273.87 418.05 437.40 1,129.32 MONTCLAIR CITY COUNCIL MEETING – 07/20/2026 Page 64 of 98 Exhibit A to Resolution No. 26–3525
August 2026 – Property Assessments
Street
No. Street Account Type Lien 1 Lien 2 Lien 3 Total Assessment 4114 Faircove Court Residential 280.65 461.85 742.50
4291 Fauna Street Residential 424.69 434.64 859.33
4731 Fauna Street Residential 588.74 588.74
4782 Fauna Street Residential 285.72 934.25 294.19 1,514.16 4852 Fauna Street Residential 424.69 434.64 439.22 1,298.55 8936 Felipe Avenue Residential 352.00 430.13 782.13
9175 Felipe Avenue Residential 399.51 399.51
9367 Felipe Avenue Residential 571.56 440.97 439.92 1,452.45 9874 Felipe Avenue Residential 373.67 419.21 437.52 1,230.40 8919–
21 Felipe Avenue Multifamily 779.39 799.28 808.45 2,387.12 10427 Felipe Lane Residential 407.83 432.78 840.61
4660 Flora Street Residential 539.00 447.22 440.60 1,426.82 4932 Flora Street Residential 466.68 466.68
5029 Flora Street Residential 567.76 295.54 863.30
9823 Fremont Avenue Residential 424.10 424.75 438.14 1,286.99 9847 Fremont Avenue Residential 438.97 438.32 877.29
10037 Fremont Avenue Residential 386.20 386.20
10253 Fremont Avenue Residential 424.69 434.64 429.22 1,288.55 10287 Fremont Avenue Residential 456.73 466.68 471.27 1,394.68 9884 Geneva Avenue Residential 428.09 428.09
9985 Geneva Avenue Residential 424.10 424.75 438.14 1,286.99 10037 Geneva Avenue Residential 534.57 534.57
10161 Geneva Avenue Residential 423.96 434.57 439.22 1,297.75 4581 Gold Rush Court Residential 347.72 429.57 777.29
4328 Granada Street Residential 424.10 424.75 438.14 1,286.99 4426 Granada Street Residential 460.46 457.27 470.23 1,387.96 4436 Granada Street Residential 425.53 425.53
4418 Harvard Street Residential 424.10 424.75 438.14 1,286.99 4430 Harvard Street Residential 424.10 424.75 438.14 1,286.99 5430 Harvard Street Residential 424.11 424.75 438.14 1,287.00 4522 Hawthorne Street Residential 581.07 581.07
4531 Hawthorne Street Residential 604.39 444.58 1,048.97 5553 Hawthorne Street Residential 341.82 341.82
9045 Helena Avenue Residential 431.31 431.31
11353 Hickory Lane Residential 321.33 321.33
11416 Hickory Lane Residential 383.50 383.50
4864 Highland Street Residential 573.54 447.16 440.60 1,461.30 5064 Holt Boulevard Commercial 837.16 641.73 634.90 2,113.79 4103 Howard Street Residential 424.69 434.64 439.22 1,298.55 4341 Howard Street Residential 424.69 434.64 439.22 1,298.55 4705 Howard Street Residential 456.99 275.61 732.60
4910 Howard Street Residential 310.34 310.34
4992 Howard Street Residential 468.18 468.18
5190 Howard Street A & B Multifamily 849.42 850.79 877.57 2,577.78 4585 James Street Residential 456.11 456.79 470.18 1,383.08 MONTCLAIR CITY COUNCIL MEETING – 07/20/2026 Page 65 of 98 Exhibit A to Resolution No. 26–3525
August 2026 – Property Assessments
Street
No. Street Account Type Lien 1 Lien 2 Lien 3 Total Assessment 9877 Kimberly Avenue Residential 302.79 442.75 461.98 1,207.52 10244 Kimberly Avenue Residential 424.09 434.58 439.22 1,297.89 10209 Kimberly Avenue Residential 424.69 434.64 439.22 1,298.55 4671 Kingsley Street Residential 721.25 799.87 1,521.12 4883 Kingsley Street Residential 551.11 477.06 372.41 1,400.58 5476 Kingsley Street Residential 424.71 434.64 439.22 1,298.57 5400 La Deney Street Senior 388.75 570.32 959.07
5430 La Deney Street Residential 423.67 424.71 438.13 1,286.51 10360–
62 Lehigh Avenue Multifamily 779.39 799.28 808.45 2,387.12 9958 Lindero Avenue Residential 424.10 424.75 438.14 1,286.99 10042 Lindero Avenue Residential 425.90 424.95 438.16 1,289.01 9864 Mammoth Drive Residential 442.50 440.09 882.59
4696 Mane Street Senior 400.48 400.48
4839 Mane Street Residential 434.33 439.19 873.52
4731 Manzanita Street Residential 400.97 400.97
9527 Marion Avenue Residential 424.10 424.75 438.14 1,286.99 10269 Marion Avenue Residential 444.23 465.31 471.11 1,380.65 11336 Marquette Lane Residential 468.74 280.39 749.13
9595 Mills Avenue Residential 612.71 474.01 472.07 1,558.79 9745 Mills Avenue Residential 424.58 424.80 438.14 1,287.52 9857 Mills Avenue Residential 657.52 657.52
9985 Mills Avenue Residential 602.92 457.73 1,060.65
3796 Millstone Lane Residential 460.16 279.45 739.61
11458 Millstone Lane Residential 468.75 280.40 749.15
5239 Monte Verde Street Residential 424.69 434.64 439.22 1,298.55 9655 Monte Vista Avenue Commercial 362.72 420.66 783.38 9721 Monte Vista Avenue Residential 287.65 294.75 582.40 11073 Monte Vista Avenue Residential 451.12 284.37 735.49 11313 Monte Vista Avenue Residential 451.12 451.12
10151 Oak Glen Avenue Residential 538.16 538.16
10186 Oak Glen Avenue Residential 424.85 434.66 439.23 1,298.74 4595 Oakdale Street Residential 424.69 434.64 439.22 1,298.55 4437 Orchard Street Residential 576.59 576.59
5171 Orchard Street Senior 388.18 398.12 402.70 1,189.00 5422 Orchard Street Residential 424.69 434.64 439.22 1,298.55 5471 Orchard Street Residential 1,097.49 540.66 1,638.15 5690 Orchard Street Residential 424.10 424.75 438.14 1,286.99 5215 Palo Verde Street Residential 438.97 426.39 438.32 1,303.68 5619 Palo Verde Street Residential 397.92 463.70 861.62 9925 Poulsen Avenue Residential 424.10 424.75 438.14 1,286.99 9935 Poulsen Avenue Residential 392.32 463.08 855.40
9375 Pradera Avenue Multifamily 1,526.17 1,527.65 1,581.07 4,634.89 9445 Pradera Avenue Multifamily 1,525.20 1,527.54 1,581.05 4,633.79 9842 Pradera Avenue Residential 567.71 453.86 1,021.57
10074 Pradera Avenue Residential 456.11 456.79 470.18 1,383.08 MONTCLAIR CITY COUNCIL MEETING – 07/20/2026 Page 66 of 98 Exhibit A to Resolution No. 26–3525
August 2026 – Property Assessments
Street
No. Street Account Type Lien 1 Lien 2 Lien 3 Total Assessment 10206 Pradera Avenue Residential 424.69 434.64 859.33
10236 Pradera Avenue Residential 383.79 383.79
4426 Princeton Street Residential 460.48 428.75 438.58 1,327.81 4467 Princeton Street Residential 431.64 438.89 870.53
4853 Princeton Street Residential 425.65 458.94 470.41 1,355.00 9151 Ramona Avenue Residential 438.46 426.33 438.31 1,303.10 9275 Ramona Avenue Residential 567.76 440.56 439.88 1,448.20 9587 Ramona Avenue Residential 424.10 424.75 438.14 1,286.99 9706 Ramona Avenue Residential 490.17 489.06 502.25 1,481.48 10015 Ramona Avenue Residential 430.60 430.60
4668 Rawhide Street Residential 424.69 434.64 439.22 1,298.55 11463 Rockford Lane Residential 431.77 272.84 704.61
9434 Rose Avenue Residential 424.10 424.75 438.14 1,286.99 9866 Rose Avenue Senior 424.06 424.75 438.14 1,286.95
4613 Rosewood Street Residential 620.93 620.93
4683 Rosewood Street Residential 424.10 424.75 438.14 1,286.99 4860 Rosewood Street Residential 657.65 507.48 504.27 1,669.40 5078 Rosewood Street Residential 389.56 389.56
5361 Rosewood Street Residential 387.80 388.25 401.62 1,177.67 11076 Roswell Avenue Residential 442.84 442.84
4246 Rudisill Street Residential 470.50 429.85 900.35
5452 Rudisill Street Residential 475.84 475.84
4488 San Bernardino Street Residential 452.51 452.51
4711 San Bernardino Street Residential 438.97 426.39 438.32 1,303.68 4739 San Bernardino Street Residential 585.95 455.87 1,041.82 4833 San Bernardino Street Residential 295.64 423.93 719.57 4892 San Bernardino Street Residential 634.46 634.46
5216 San Bernardino Street Residential 424.10 424.75 438.14 1,286.99 5418 San Bernardino Street Residential 484.58 444.72 929.30 5489 San Bernardino Street Residential 463.31 464.01 477.40 1,404.72 5412 San Jose Street Residential 567.76 440.56 1,008.32 5422 San Jose Street Residential 456.11 456.79 470.18 1,383.08 4424 San Jose Street #14 Residential 423.95 423.95
4424 San Jose Street #22 Residential 431.91 431.91
4630 San Jose Street F Residential 425.96 424.96 850.92 4630 San Jose Street L Residential 451.20 278.46 729.66 4622 San Jose Street O Residential 457.48 279.16 736.64 10964 San Miguel Way Residential 353.29 394.28 402.28 1,149.85 11020 San Pasqual Avenue Residential 442.06 436.56 439.44 1,318.06 11083 San Pasqual Avenue Residential 678.17 491.05 473.95 1,643.17 9940 Santa Anita Avenue Residential 595.65 406.94 1,002.59 10016 Santa Anita Avenue Residential 433.79 436.30 451.57 1,321.66 10136 Santa Anita Avenue Residential 420.54 434.18 439.17 1,293.89 10183 Santa Anita Avenue Residential 456.24 466.63 471.26 1,394.13 10204 Santa Anita Avenue Residential 567.76 450.38 440.96 1,459.10 MONTCLAIR CITY COUNCIL MEETING – 07/20/2026 Page 67 of 98 Exhibit A to Resolution No. 26–3525
August 2026 – Property Assessments
Street
No. Street Account Type Lien 1 Lien 2 Lien 3 Total Assessment 10221 Santa Anita Avenue Residential 424.69 434.64 439.22 1,298.55 10298 Santa Anita Avenue Residential 443.08 339.45 782.53 9825 Saratoga Avenue Residential 424.10 424.75 438.14 1,286.99 9830 Saratoga Avenue Residential 841.09 452.06 1,293.15 9835 Saratoga Avenue Residential 438.97 426.39 438.32 1,303.68 10226 Saratoga Avenue Residential 314.70 314.70
5538 Shirley Lane Residential 424.69 434.64 439.22 1,298.55 11011 Stallion Avenue Residential 325.06 422.58 747.64
4773 State Street Residential 270.97 270.97
4779 State Street Residential 462.76 275.79 738.55
4781 State Street Residential 271.38 271.38
5131 Sundance Drive Residential 433.85 433.85
9617 Surrey Avenue Residential 424.10 424.75 438.14 1,286.99 9773 Tudor Avenue Residential 452.34 456.40 470.13 1,378.87 9784 Vernon Avenue Residential 444.93 427.04 438.38 1,310.35 10187 Vernon Avenue Residential 426.06 434.80 439.24 1,300.10 10236 Vernon Avenue Residential 424.69 434.64 439.22 1,298.55 10241 Vernon Avenue Residential 424.87 434.66 439.23 1,298.76 10438 Via Palma Residential 468.07 468.07
11043 Wesley Avenue Residential 429.08 435.13 439.27 1,303.48 11053 Wesley Avenue Residential 424.69 434.64 439.22 1,298.55 10989 Whitewater Avenue Residential 410.06 410.06
11178 Whitewater Avenue Residential 440.56 436.39 876.95 5405 Yale Street Residential 581.07 581.07
4515 Yosemite Drive Residential 424.68 434.64 439.22 1,298.54 $262,544.59
MONTCLAIR CITY COUNCIL MEETING – 07/20/2026 Page 68 of 98
CITY COUNCIL
AGENDA REPORT
DATE: JULY 20, 2026
SECTION: CONSENT - RESOLUTIONS
ITEM NO.: 2
FILE I.D.: CFD050
DEPT.: ECONOMIC DEV.
PREPARER: M. FUENTES
SUBJECT: CONSIDER ACCEPTING A WRITTEN PETITION FROM MONTCLAIR STATION APARTMENTS LLC REQUESTING FORMATION OF A COMMUNITY FACILITIES DISTRICT CONSIDER ADOPTION OF RESOLUTION NO. 26–3526 DECLARING THE CITY’S INTENT TO FORM CFD NO. 2026–2 (MONTCLAIR STATION), SETTING A PUBLIC HEARING FOR THE ESTABLISHMENT OF CFD NO. 2026–2 ON SEPTEMBER 8, 2026, AT 7:00 P.M. IN THE CITY COUNCIL CHAMBERS, AND TAKING OTHER ACTIONS
RELATED THERETO
CONSIDER APPROVING THE BOUNDARY MAP OF PROPOSED CFD NO. 2026–02 REASON FOR CONSIDERATION: The amended North Montclair Downtown Specific Plan (NMDSP) contains a variety of public improvements such as parks, public open space, median islands, parkways, and specialty street lighting. The City is responsible for seeing that these public improvements are built and maintained after construction.
It is beyond the capabilities of the City’s General Fund to finance these improvements and their future maintenance. The City Council has directed staff to finance maintenance of public improvements and a portion of the costs for maintenance and public safety services related to development projects within the boundaries of the NMDSP area through Community Facilities Districts (CFD).
Proposed Resolution No. 26–3526, the “Resolution of Intention,” is a notice of intent to form the City of Montclair Community Facilities District No. 2026–2 for the Montclair Station project. The Resolution of Intention sets Tuesday, September 8, 2026, as the date for a public hearing to consider formation of the CFD.
As a matter of form, the owner of all of the property encompassing the Montclair Station project, Montclair Station Apartments LLC, a Delaware limited liability company, has provided a written petition, included as Attachment 1 to this agenda report, requesting the City Council initiate proceedings under the Mello–Roos Community Facilities Act of 1982 (the “Act”) to form CFD No. 2026–2 to finance those certain public improvement maintenance services and public safety services that will serve the properties to be constructed within the boundaries of CFD No. 2026–2.
A copy of the proposed Resolution of Intention is attached for City Council review and consideration.
BACKGROUND: The Montclair Station project is the seventh residential development constructed within the boundaries of the NMDSP area. The project is developing certain public improvements which must be maintained by the City. In addition, this new development will generate calls for public safety services. As a method to secure revenue for the maintenance costs associated with the public improvements and public safety costs, it is recommended that the City Council approve the formation of CFD No. 2026–2 to cover the costs of providing the necessary public services within the boundaries of the project.
MONTCLAIR CITY COUNCIL MEETING – 07/20/2026 Page 69 of 98 Community Facilities Districts (CFD)
Rather than relying on the City’s general fund revenues, the Act was created to provide local governments with an alternate method of financing needed public improvements and services. The Act supplies a local government agency with the ability to finance the construction of public improvements through bond indebtedness and also offers the ability to maintain improvements or charge for certain public services, including the costs to cover the increased demand on police and fire protection services.
A CFD is created by action of a local government agency and is established within defined property boundaries. A CFD cannot be formed without two–thirds majority vote of the registered voters residing within the proposed boundaries. If there are fewer than 12 registered voters, the vote is conducted among the current landowners. Often times, the CFD is approved by a single property owner. Once a CFD is approved, a special tax lien is placed against each property in the CFD. Property owners pay the special tax each year on their ad valorem property tax bill.
By law, a special tax imposed by a CFD cannot be based on the value of the property.
Special taxes are based on mathematical formulas that take into account property characteristics, such as use of property, square footage of structures, or lot size. The formula is defined at the time the CFD is formed and includes a maximum special tax amount and an annual percentage increase to keep pace with the inflation.
Resolution of Intention – Initiating Formation of Community Facilities District No. 2026–2
Adoption of the Resolution of Intention will begin procedures towards the formation of CFD No. 2026–2. The boundaries of the proposed CFD are shown in Attachment 2 to this agenda report and encompass the entirety of the Montclair Station project. Proposed CFD No. 2026–2 will pay the costs of the following services:
• Maintenance and lighting of parks, parkways, streets, roads, and open space within the CFD and the operation and maintenance of bio–retention basins and storm drain systems serving the property within the CFD boundaries. • Police protection services, Fire protection suppression services, and emergency vehicle apparatus maintenance.
The proposed Resolution of Intention establishes the intention of the City Council to establish CFD No. 2026–2 and schedules a public hearing on the establishment of such CFD for September 8, 2026 at 7:00 p.m. in the City Council Chambers. Exhibit A to the Resolution of Intention is a document entitled “Rate and Method of Apportionment of Special Tax for the City of Montclair Community Facilities District No. 2026–2 (Montclair Station).” This document sets forth the maximum rates of special taxes that may be levied on parcels of property within the CFD and the method for apportioning or levying those special taxes.
The proposed Resolution of Intention contains provisions regarding the system of voting procedures that must be used to establish the CFD.
FISCAL IMPACT: Adoption of the Resolution of Intention will create a fiscal impact associated with the cost of staff time, City consultants, and publication costs related to publishing a legal advertisement setting the public hearing regarding the formation of CFD No. 2026–2. Administrative costs related to the formation of the CFD are the responsibility of the developer and are paid for directly by the developer through a reimbursement agreement between the City of Montclair and the developer.
MONTCLAIR CITY COUNCIL MEETING – 07/20/2026 Page 70 of 98 RECOMMENDATION: Staff recommends the City Council take the following actions:
1. Accept a written petition from the Montclair Station Apartments LLC requesting formation of a community facilities district;
2. Adopt Resolution No. 26–3526 declaring the City’s intent to form CFD No. 2026– 2 (Montclair Station), setting a public hearing for the establishment of CFD No. 2026–2 on September 8, 2026, at 7:00 p.m. in the City Council Chambers, and taking other actions related thereto; and
3. Approve the boundary map of proposed CFD No. 2026–2.
MONTCLAIR CITY COUNCIL MEETING – 07/20/2026 Page 71 of 98 Attachment "1"
MONTCLAIR CITY COUNCIL MEETING – 07/20/2026 Page 72 of 98 MONTCLAIR CITY COUNCIL MEETING – 07/20/2026 Page 73 of 98
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MONTCLAIR CITY COUNCIL MEETING – 07/20/2026 Page 74 of 98 Resolution No. 26–3526 Page 1 of 4
RESOLUTION NO. 26–3526
RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF
MONTCLAIR WITH RESPECT TO ESTABLISHMENT OF PROPOSED CITY OF MONTCLAIR COMMUNITY FACILITIES DISTRICT NO. 2026–2
(MONTCLAIR STATION), SAN BERNARDINO COUNTY, STATE OF
CALIFORNIA AND TAKING OTHER ACTIONS RELATED THERETO
WHEREAS, the City Council of the City of Montclair (the “City Council”) has received a written petition from the owner of certain real property within the City of Montclair (the “City”) requesting that the City Council initiate proceedings for the formation of a community facilities district pursuant to Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code, as amended, commonly known as the “Mello–Roos Community Facilities Act of 1982,” (the “Act”) for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property, and agreeing to the annual levy of special taxes on said property sufficient to pay the costs of such services and costs incidental thereto; and WHEREAS, Section 53313 of the Act provides that a community facilities district may be established to finance certain types of services, including but not limited to (a) police protection services, (b) maintenance and lighting of parks, parkways, streets, roads, and open space, (c) flood and storm protection services, including, but not limited to, the operation and maintenance of bio–retention basins and storm drainage systems, (d) maintenance and operation of any real property or other tangible property with an estimated useful life of five or more years that is owned by the City, (e) fire protection and suppression services, and (f) any other services authorized to be financed pursuant to the Act; and
WHEREAS, pursuant to Section 53320 of the California Government Code, the City Council is required upon receiving such a written petition to adopt a resolution of intention to establish a community facilities district.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF MONTCLAIR AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are true and correct and are incorporated herein by this reference.
Section 2. Proposed District. A community facilities district is proposed to be established under the terms of Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Act. The name proposed for the community facilities district is the “City of Montclair Community Facilities District No. 2026–2 (Montclair Station), San Bernardino County, State of California.”
Section 3. Description and Map of Boundaries. The boundaries of the territory proposed for inclusion in the proposed community facilities district are described and shown on the map entitled “Proposed Boundaries of City of Montclair Community Facilities District No. 2026–2 (Montclair Station), San Bernardino County, State of California,” which is on file with the City Clerk. Said map is approved and, pursuant to Section 3110 of the California Streets and Highways Code, the City Clerk shall, after complying with the other requirements of Section 3111 of said Code, record the original of said map in her office, and not later than fifteen (15) days prior to the date of the public hearing set forth in Section 8 hereof shall file a copy of said boundary map with the County Recorder of the County of San Bernardino.
Section 4. Types of Services; Incidental Expenses. It is proposed that the proposed community facilities district shall provide and finance:
(a) Maintenance Services: (i) the maintenance and lighting of parks, parkways, streets, roads and open space, and (ii) flood and storm protection services, including but not limited to, the operation and maintenance of bio–retention basins and storm drainage systems;
(b) Public Safety Services: (i) fire protection and suppression services, and (ii) police protection services; and
(c) Other Services: (i) maintenance and operation of any real property or other tangible property with an estimated useful life of five or more years that is owned by the City, and (ii) any other services authorized to be financed pursuant to the Act.
MONTCLAIR CITY COUNCIL MEETING – 07/20/2026 Page 75 of 98 Resolution No. 26–3526 Page 2 of 4
The proposed community facilities district shall also finance costs associated with the determination of the amount of and the levy and collection of special taxes which are levied to provide such services and costs otherwise incurred in order to carry out the authorized purposes of the community facilities district.
Section 5. Special Taxes. Except where funds are otherwise available, special taxes sufficient to pay the costs of the services provided for in Section 4 above and the annual administrative expenses of the City and the proposed community facilities district in determining, apportioning, levying and collecting such special taxes, shall be annually levied within the proposed community facilities district. Pursuant to Section 53340 of the California Government Code, the special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes. However, under no circumstances shall the special tax levied against any parcel used for private residential purposes subject to the levy of the special tax pursuant to the rates and method of apportionment be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within the community facilities district by more than ten percent (10%) above the amount that would have been levied in that fiscal year had there never been any such delinquency or default. The rate and method of apportionment of said special taxes shall be as set forth in Exhibit “A” attached hereto and by this reference made a part hereof.
Section 6. Exempt Properties. Pursuant to Section 53340 of the California Government Code, properties of entities of the state, federal, and local governments shall be exempt from the levy of special taxes of the proposed community facilities district.
Section 7. Necessity. The City Council finds that the services described in Section 4 hereof are necessary to meet increased demands placed upon the City as a result of development occurring within the boundaries of the proposed community facilities district.
Section 8. Hearing on Formation. A public hearing on the formation of the proposed community facilities district shall be held at 7:00 p.m. on September 8, 2026, in the Council Chambers of the City Council located at 5111 Benito Street, Montclair, California 91763.
Section 9. Notice. The City Clerk shall publish a notice of the time and place of said hearing as required by Section 53322 of the California Government Code, and shall also give notice of the time and place of said hearing by first–class mail to each registered voter and to each landowner within the proposed community facilities district as prescribed by Section 53322.4 of said Code. Said notice shall be published at least seven (7) days and mailed at least fifteen (15) days before the date of the hearing, and shall contain the information required by said Section 53322.
Section 10. Report. The officers of the City who are responsible for providing the proposed types of services to be provided within and financed by the proposed community facilities district, if it is established, are hereby directed, pursuant to the requirements of Section 53321.5 of the California Government Code to study the proposed community facilities district and, at or before the time of said hearing, file or cause to be filed a report with the City Council containing a brief description of the services by type, which will in their opinion be required to adequately met the needs of the proposed community facilities district and an estimate of the fair and reasonable cost of providing those services and the incidental expenses to be incurred in connection therewith. All such reports shall be made a part of the record of the hearing to be held pursuant to Section 8 hereof.
Section 11. Annexation of Territory. Other property within the boundaries of the City may be annexed into the community facilities district upon the condition that parcels within that territory may be annexed only with the unanimous approval of the owner or owners of each parcel at the time that parcel or those parcels are annexed.
Section 12. Description of Voting Procedures. The voting procedures to be followed in conducting the special election on (i) the proposition with respect to the levy of special taxes on the land within the community facilities district to pay the costs of providing the services to be provided by the community facilities district, and (ii) the proposition with respect to the establishment of an appropriations limit for the community facilities district, if the community facilities district is established and such special election (the “Special Election”) is held, shall be as follows:
MONTCLAIR CITY COUNCIL MEETING – 07/20/2026 Page 76 of 98 Resolution No. 26–3526 Page 3 of 4
(a) If at least twelve (12) persons have been registered to vote within the territory of the proposed community facilities district for each of the ninety (90) days preceding the close of the public hearing, the vote in the Special Election shall be by the registered voters of the proposed community facilities district with each voter having one vote. In that event, the Special Election shall be conducted by the City Clerk, and shall be held on a date selected by the City Council in conformance with the provisions of Section 53326 of the California Government Code and pursuant to the provisions of the California Elections Code governing elections of cities, insofar as they may be applicable, and pursuant to said Section 53326 the ballots for the Special Election shall be distributed to the qualified electors of the community facilities district by mail with return postage prepaid or by personal service, and the Special Election shall be conducted as a mail ballot election pursuant to Division 4 (commencing with Section 4000) of the California Elections Code.
(b) If twelve (12) persons have not been registered to vote within the territory of the proposed community facilities district for each of the ninety (90) days preceding the close of the public hearing, and pursuant to Section 53326 of the California Government Code, the vote is therefore to be by the landowners of the proposed community facilities district, with each landowner of record at the close of the public hearing having one vote for each acre or portion of an acre of land that he or she owns within the proposed community facilities district, the Special Election shall be conducted by the City Clerk as follows:
(1) The Special Election shall be held on the earliest date, following the adoption by the City Council of the resolution of formation establishing the community facilities district pursuant to Section 53325.1 of said Code, and a resolution pursuant to Section 53326 of said Code submitting the propositions with respect to (i) the levy of special taxes to pay the costs of providing the services to be provided by the community facilities district, and (ii) establishing of an appropriations limit therefor to the qualified electors of the proposed community facilities district, upon which such elections can be held pursuant to said Section 53326 which may be selected by the City Council, or such earlier date as the owners of land within the proposed community facilities district and the City Clerk agree and concur is acceptable. (2) Pursuant to said Section 53326, the Special Election may be held earlier than ninety (90) days following the close of the public hearing if the qualified electors of the community facilities district waive the time limits for conducting the election set forth in said Section 53326 by unanimous written consent and the City Clerk concurs in such earlier election date as shall be consented to by the qualified electors. (3) Pursuant to said Section 53326, ballots for the Special Election shall be distributed to the qualified electors by the City Clerk by mail with return postage prepaid, or by personal service.
(4) Pursuant to applicable sections of the California Elections Code governing the conduct of mail ballot elections of cities, and specifically Division 4 (commencing with Section 4000) of the California Elections Code with respect to elections conducted by mail, the City Clerk shall mail or deliver to each qualified elector an official ballot in a form specified by the City Council in the resolution calling the Special Election, and shall also mail or deliver to all such qualified electors a ballot pamphlet and instructions to voter, including a sample ballot identical in form to the official ballot but identified as a sample ballot, an impartial analysis by the City Attorney pursuant to Section 9280 of said Code with respect to the ballot propositions contained in the official ballot, arguments and rebuttals, if any, pursuant to Sections 9281 to 9287, inclusive, and 9295 of said Code, a return identification envelope with prepaid postage thereon addressed to the City Clerk for the return of voted official ballots, and a copy of the proposed resolution of formation to establish the community facilities district, to be adopted by the City Council pursuant to Section 53325.1 of the California Government Code; provided, however, that such analysis and arguments may be waived with the unanimous consent of all the landowners.
(5) The official ballot to be mailed or delivered by the City Clerk to each landowner–voter shall have printed or typed thereon the name of the landowner– voter and the number of votes to be voted by the landowner–voter and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, and if the landowner–voter is other than a natural person, that he or she is an officer of or other person affiliated with the landowner–voter entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner–voter, that in voting such official ballot it was his or her intent, as well as the intent of the landowner–voter, to vote all votes to which the landowner–voter is entitled based on its land ownership on the propositions set forth in the official ballot as marked MONTCLAIR CITY COUNCIL MEETING – 07/20/2026 Page 77 of 98 Resolution No. 26–3526 Page 4 of 4
thereon in the voting square opposite each such proposition, and further certifying as to the acreage of the landowner–voter’s land ownership within the community facilities district.
(6) The return identification envelope delivered by the City Clerk to each landowner–voter shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the owner of record or the authorized representative of the landowner entitled to vote and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, (vi) the date of signing and place of execution of said declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the City Clerk.
(7) The instructions to voter form to be mailed or delivered by the City Clerk to the landowner–voters shall inform them that the official ballots shall be returned to the City Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted by 5:00 p.m. on the date of the election. (8) Upon receipt of the return identification envelopes which are returned prior to the voting deadline on the date of the election, the City Clerk shall canvass the votes cast in the Special Election, and shall file a statement with the City Council as to the results of such canvass and the election on each proposition set forth in the official ballot.
The procedures set forth in this section for conducting the Special Election, if they are held, may be modified as the City Council may determine to be necessary or desirable by a resolution subsequently adopted by the City Council.
Section 13. Severability. If any provision, section, paragraph, sentence, or word of this Resolution is rendered or declared invalid by any court of competent jurisdiction, or by reason of preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this Resolution shall remain in full force and effect.
Section 14. Effective Date. This Resolution shall become effective immediately upon its adoption.
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. 26–3526 was duly adopted by the Montclair City Council at a regular meeting thereof 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 – 07/20/2026 Page 78 of 98 EXHIBIT “A”
City of Montclair July 20, 2026
CFD No. 2026–2 (Montclair Station) Page 1 of 7
RATE AND METHOD OF APPORTIONMENT FOR
CITY OF MONTCLAIR
COMMUNITY FACILITIES DISTRICT NO. 2026–2
(MONTCLAIR STATION)
A Special Tax as hereinafter defined shall be levied on all Assessor’s Parcels in the City of Montclair Community Facilities District No. 2026–2 (Montclair Station) ("CFD No. 2026–2") and collected each Fiscal Year commencing in Fiscal Year 2026–2027, in an amount determined by the CFD Administrator, according to the method of apportionment set forth herein. All of the real property in CFD No. 2026–2, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. All Special Taxes collected hereunder shall only be used for the Special Tax A Requirement or Special Tax B Requirement, as hereinafter defined, and for no other purpose.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre” or “Acreage" means the land area of an Assessor’s Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded County parcel map.
"Act" means the Mello–Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the actual or reasonably estimated costs directly related to the formation and administration of CFD No. 2026–2 including, but not limited to: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the County or otherwise); the costs to the City, CFD No. 2026–2 or any designee thereof of complying with City or CFD No. 2026–2 disclosure requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2026–2 or any designee thereof related to an appeal of the Special Tax; and the City’s annual administration fees and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2026–2 for any other administrative purposes of CFD No. 2026–2, including attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. "Assessor’s Parcel" means any real property to which an Assessor’s parcel number is assigned as shown on an Assessor’s Parcel Map.
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CFD No. 2026–2 (Montclair Station) Page 2 of 7
"Assessor’s Parcel Map" means an official map of the County Assessor of the County designating parcels by Assessor’s parcel number.
"Authorized Maintenance Services" means the (i) maintenance and lighting of parks, parkways, streets, roads, and open space, (ii) the operation and maintenance of bio– retention basins and storm drainage systems, and (iii) any other services authorized to be financed pursuant to the Act.
"Authorized Public Safety Services" means (i) fire protection and suppression services, (ii) police protection services and (iii) any other services authorized to be financed pursuant to the Act.
"CFD Administrator" means the official of the City, or designee thereof, responsible for determining the Special Tax A Requirement and Special Tax B Requirement and providing for the levy and collection of the Special Taxes.
"CFD No. 2026–2" means the City of Montclair Community Facilities District No. 2026– 2 (Montclair Station).
"City" means the City of Montclair.
"Consumer Price Index" means the Consumer Price Index published by the U.S. Bureau of Labor Statistics for "All Urban Consumers" in the Los Angeles – Long Beach – Anaheim Area, measured as of the month of December in the calendar year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Consumer Price Index shall be another index as determined by the CFD Administrator that is reasonably comparable to the Consumer Price Index for the Los Angeles – Long Beach – Anaheim Area.
"Council" means the City Council of the City, acting as the legislative body of CFD No. 2026–2.
"County" means the County of San Bernardino.
"Developed Property" means, for each Fiscal Year, all Taxable Property for which a building permit for new construction was issued prior to January 1 of the previous Fiscal Year (i.e., a building permit for new construction issued prior to January 1, 2026 would be considered Developed Property beginning in Fiscal Year 2026–2027). “Exempt Welfare Exemption Property” means, for each Fiscal Year, an Assessor’s Parcel that is (a) receiving a welfare exemption under subdivision (g) of Section 214 of the California Revenue and Taxation Code (or any successor statute), as indicated in the County’s assessor’s roll finalized as of January 1 of the previous Fiscal Year, and (b) exempt from the Special Tax pursuant to Section 53340(c) of the Act. "Fiscal Year" means the period starting July 1 and ending on the following June 30.
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CFD No. 2026–2 (Montclair Station) Page 3 of 7
"Land Use Class" means any of the classes listed in Table 1 below. "Maximum Annual Special Tax" means the Maximum Annual Special Tax A and/or Maximum Annual Special Tax B, as applicable.
"Maximum Annual Special Tax A" means the Maximum Annual Special Tax A, determined in accordance with Section C.1 below, that can be levied in any Fiscal Year on any Assessor’s Parcel of Developed Property within CFD No. 2026–2. "Maximum Annual Special Tax B" means the Maximum Annual Special Tax B, determined in accordance with Section C.1 below, that can be levied in any Fiscal Year on any Assessor’s Parcel of Developed Property within CFD No. 2026–2. "Non–Residential Property" means all Assessor’s Parcels of Developed Property for which a building permit(s) was issued for a non–residential use. "Parking Property” means, for each Fiscal Year, any property within the boundaries of CFD No. 2026–2 that is used exclusively or primarily as a parking lot, garage, parking structure, or roadway, as of January 1 of the previous Fiscal Year, as determined by the CFD Administrator.
"Property Owner Association Property" means, for each Fiscal Year, any property within the boundaries of CFD No. 2026–2 that was owned by a property owner association, including any master or sub–association, as of January 1 of the prior Fiscal Year. "Proportionately" means, for Developed Property, that the ratio of the actual Special Tax A levy to the Maximum Annual Special Tax A is equal for all Assessor’s Parcels of Developed Property and that the ratio of the actual Special Tax B levy to the Maximum Annual Special Tax B is equal for all Assessor’s Parcels of Developed Property, except to the extent that the Special Tax levy on Developed Property is limited as described in Section D below.
"Public Property" means, for each Fiscal Year, (i) any property within the boundaries of CFD No. 2026–2 that was owned by or irrevocably offered for dedication to the federal government, the State, the City or any other public agency as of January 1 of the previous Fiscal Year; provided however that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified in accordance with its use; and (ii) any property within the boundaries of CFD No. 2026– 2 that was encumbered, as of January 1 of the previous Fiscal Year, by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement.
"Residential Property" means all Assessor’s Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units.
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CFD No. 2026–2 (Montclair Station) Page 4 of 7
"Special Tax" means the Special Tax A and/or Special Tax B, as applicable. "Special Tax A" means the annual special tax to be levied in each Fiscal Year on each Assessor's Parcel of Developed Property to fund the Special Tax A Requirement. "Special Tax B" means the annual special tax to be levied in each Fiscal Year on each Assessor's Parcel of Developed Property to fund the Special Tax B Requirement. "Special Tax A Requirement" means that amount required in any Fiscal Year for CFD No. 2026–2 to: (i) pay for Authorized Maintenance Services; (ii) pay a share of Administrative Expenses as determined by the CFD Administrator; (iii) pay for reasonably anticipated Special Tax A delinquencies based upon the historical delinquency rate for CFD No. 2026–2; less (iv) a credit for funds available to reduce the annual Special Tax A levy, as determined by the CFD Administrator.
"Special Tax B Requirement" means that amount required in any Fiscal Year for CFD No. 2026–2 to: (i) pay for Authorized Public Safety Services; (ii) pay a share of Administrative Expenses as determined by the CFD Administrator; (iii) pay for reasonably anticipated Special Tax B delinquencies based upon the historical delinquency rate for CFD No. 2026–2; less (iv) a credit for funds available to reduce the annual Special Tax B levy, as determined by the CFD Administrator.
"State" means the State of California.
"Taxable Property" means all of the Assessor’s Parcels within the boundaries of CFD No. 2026–2 which are not exempt from the Special Tax pursuant to law or Section E below. "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, all Taxable Property within CFD No. 2026–2 shall be classified as Developed Property or Undeveloped Property. Each parcel of Developed Property shall be further classified as either Residential Property or Non–Residential Property and shall be subject to Special Taxes in accordance with the rate and method of apportionment determined pursuant to Sections C and D below.
The Maximum Annual Special Tax for Residential Property shall be based on the number of dwelling unit(s) located on the Assessor's Parcel, as specified in Table 1 below. The Maximum Annual Special Tax for Non–Residential Property shall be based on the Acreage of the Assessor's Parcel.
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CFD No. 2026–2 (Montclair Station) Page 5 of 7
C. MAXIMUM ANNUAL SPECIAL TAX
1. Developed Property
The Fiscal Year 2026–2027 Maximum Annual Special Tax is shown below in Table 1.
TABLE 1
Maximum Annual Special Tax
for Developed Property
Land Use
Class Description
FY 2026–2027
Maximum Annual
Special Tax A
FY 2026–2027
Maximum Annual
Special Tax B
1 Residential Property $184 per unit $239 per unit
2 Non–Residential Property $5,760 per Acre $7,470 per Acre On each July 1, commencing on July 1, 2027, the Maximum Annual Special Tax A and Maximum Annual Special Tax B shall be increased by the greater of (i) the percentage increase in the Consumer Price Index or (ii) the actual costs of Authorized Maintenance Services and Authorized Public Safety Services with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent (2%) per Fiscal Year.
2. Undeveloped Property
Neither the Special Tax A nor the Special Tax B shall be levied on Undeveloped Property.
3. Multiple Land Uses
In some instances an Assessor's Parcel may contain both Undeveloped Property and Developed Property, or in the case of Developed Property, more than one Land Use Class.
In such cases, the Acreage of the Assessor’s Parcel shall be allocated between Developed Property and Undeveloped Property based on the portion of the Assessor’s Parcel for which building permits had been issued prior to January 1 of the prior Fiscal Year and portion of the Assessor’s Parcel for which building permits had not been issued prior to January 1 of the prior Fiscal Year. The Acreage that is considered Developed Property shall be allocated between Residential Property and Non–Residential Property as determined by reference to the site plan approved for such Assessor's Parcel. The Maximum Special Tax that can be levied on such Assessor’s Parcel shall be the sum of the Maximum Special Tax that can be levied on each type of property located on that Assessor’s Parcel.
The CFD Administrator’s allocation of Acreage to each type of property shall be final.
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CFD No. 2026–2 (Montclair Station) Page 6 of 7
D. APPORTIONMENT OF THE SPECIAL TAX
1. SPECIAL TAX A
Commencing with Fiscal Year 2026–2027 and for each following Fiscal Year, the Council shall levy the Special Tax A so that the amount of the Special Tax A equals the lesser of the Special Tax A Requirement or the Maximum Annual Special Tax A. The Special Tax A shall be levied Proportionately on each Assessor’s Parcel of Developed Property at up to 100% of the applicable Maximum Annual Special Tax A.
To the extent that the Special Tax A Requirement is greater than the aggregate Maximum Annual Special Tax A, the Special Tax A collected shall first be allocated to pay Administrative Expenses not funded through the Special Tax B Requirement and then to pay for Authorized Maintenance Services.
2. SPECIAL TAX B
Commencing with Fiscal Year 2026–2027 and for each following Fiscal Year, the Council shall levy the Special Tax B so that the amount of the Special Tax B equals the lesser of the Special Tax B Requirement or the Maximum Annual Special Tax B. The Special Tax B shall be levied Proportionately on each Assessor’s Parcel of Developed Property at up to 100% of the applicable Maximum Annual Special Tax B.
To the extent that the Special Tax B Requirement is greater than the aggregate Maximum Annual Special Tax B, the Special Tax B collected shall first be allocated to pay Administrative Expenses not funded through the Special Tax A Requirement and then to pay for Authorized Public Safety Services.
Notwithstanding the above, pursuant to Section 53321(d) of the California Government Code, under no circumstances shall the Special Tax levied in any Fiscal Year against any Assessor’s Parcel in CFD No. 2026–2 for which an occupancy permit for private residential use has been issued shall be increased as a consequence of delinquency or default by the owner or owners of any other Assessor’s Parcel(s) within CFD No. 2026–2 by more than 10% above the amount that would have been levied in that Fiscal Year had there never been any such delinquencies or defaults. To the extent that the levy of the Special Tax on Assessor’s Parcels of residential property is limited by the provision in the previous sentence, the levy of the Special Tax on all of the Assessor’s Parcels of non–residential property within CFD No. 2026–2 shall continue to increase in equal percentages at up to 100% of the Maximum Special Tax.
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CFD No. 2026–2 (Montclair Station) Page 7 of 7
E. EXEMPTIONS
Neither the Special Tax A nor the Special Tax B shall be levied on Assessor’s Parcels of Property Owner Association Property, Public Property, Exempt Welfare Exemption Property, or Parking Property.
Should an Assessor’s Parcel no longer be classified as Property Owner Association Property, Public Property, Exempt Welfare Exemption Property, or Parking Property, its tax–exempt status will be revoked.
F. APPEALS AND INTERPRETATIONS
Any landowner or resident may file a written appeal of the Special Tax on his/her property with the CFD Administrator, provided that the appellant is current in his/her payments of Special Taxes. During the pendency of an appeal, all Special Taxes must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the CFD Administrator agrees with the appellant, the CFD Administrator shall eliminate or reduce the Special Tax on the appellant’s property and/or provide a refund to the appellant. If the CFD Administrator disagrees with the appellant and the appellant is dissatisfied with the determination, the appellant then has 30 days in which to appeal to the Council by filing a written notice of appeal with the City Clerk, provided that the appellant is current in his/her payments of Special Taxes. The second appeal must specify the reasons for its disagreement with the CFD Administrator’s determination.
Interpretations may be made by the Council by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this Rate and Method of Apportionment.
G. MANNER OF COLLECTION
The Special Tax will be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD No. 2026–2 may directly bill the Special Tax, may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor’s Parcels as permitted by the Act.
H. TERM OF SPECIAL TAX
The Special Tax A shall be levied as long as necessary to meet the Special Tax A Requirement. The Special Tax B shall be levied as long as necessary to meet the Special Tax B Requirement.
MONTCLAIR CITY COUNCIL MEETING – 07/20/2026 Page 85 of 98
CITY COUNCIL
AGENDA REPORT
DATE: JULY 20, 2026
SECTION: CONSENT - RESOLUTIONS
ITEM NO.: 3
FILE I.D.: GRT235/COM300
DEPT.: ECONOMIC DEV.
PREPARER: M. FUENTES
SUBJECT: CONSIDER AUTHORIZING THE REALLOCATION OF THE EXISTING $1,200,000 IN FUNDS PROVIDED BY SAN BERNARDINO COUNTY UNDER AGREEMENT NO. 24–90
FOR THE PURCHASE OF AN EMERGENCY VEHICLE FIRE APPARATUS LADDER TRUCK
TO THE ACQUISITIONS OF PUBLIC SAFETY RADIOS FOR THE MONTCLAIR POLICE
DEPARTMENT AND THE CODE ENFORCEMENT DIVISION
CONSIDER ADOPTION OF RESOLUTION NO. 26–3527 AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT NO. 26–47 WITH SAN BERNARDINO COUNTY
TO PROVIDE REIMBURSEMENT FUNDING FOR THE ACQUISITION OF PUBLIC SAFETY
RADIOS, SUBJECT TO ANY REVISIONS DEEMED NECESSARY BY THE CITY ATTORNEY REASON FOR CONSIDERATION: The City Council is requested to consider adoption of Resolution No. 26–3527 authorizing the City Manager to, upon receipt, execute Agreement No. 26–47 with San Bernardino County to provide reimbursement funding for the acquisition of public safety radios for the Montclair Police Department and Code Enforcement Divisions, subject to any revisions deemed necessary by the City Attorney.
BACKGROUND: It is the policy of the County of San Bernardino Board of Supervisors (Board) to work with community partners through services provided by San Bernardino County (County) and contractual agreements to identify programs, projects, and initiatives, that support the mission of the County, and to provide services to citizens that promote health, safety, economic well–being, education, recreation, and other public services that enhance quality of life, and meet the needs of the County’s citizens.
Over the past several years, City staff has met with staff members from Fourth District Supervisor Curt Hagman’s office regarding projects that could be funded through the Board’s Discretionary Fund – District Specific Priorities Program (Priorities Program).
Through these efforts, the County previously allocated $1,200,000.00 to the City of Montclair for the acquisition of an emergency vehicle fire apparatus ladder truck (Agreement No. 24–90).
More recently, City staff determined that the City’s most urgent public safety need is the replacement of its aging and obsolete public safety radio system. The radios currently in service have not been manufactured in over ten years, and replacement parts— including handheld batteries—are increasingly difficult or impossible to obtain.
Two–way radio communication is the lifeline of every first–responder operation. Radios connect patrol officers, firefighters, and code enforcement officers to their dispatch centers, to one another, and to outside agencies during day–to–day calls for service, mutual–aid responses, and major incidents. This real–time, mission–critical communication enables commanders to direct resources, protect responders, and provide timely information to affected communities, and any break in communication creates a serious safety hazard for first responders and the public alike.
All Montclair safety personnel are assigned a handheld radio, including patrol officers, administrative staff, the detective bureau, watch commanders, non–safety police cadets, MONTCLAIR CITY COUNCIL MEETING – 07/20/2026 Page 86 of 98 special task forces, school resource officers, and firefighters. Code enforcement officers likewise rely on handheld radios in the field to maintain compliance with the City’s municipal code and to summon immediate assistance when needed. Because the existing equipment is no longer supported, every passing month increases the risk of a critical communication failure during an active incident.
As a result, the City of Montclair requested that San Bernardino County allow the $1,200,000.00 previously allocated for the purchase of a ladder truck (Agreement No. 24–90) to instead be applied toward the acquisition of public safety radios. In meeting with Supervisor Hagman’s staff members and County staff, it was determined that funding the acquisition of public safety radios meets the goals and intent of the Priorities Program, and the County agreed to the City’s request.
Public Safety Radios
The proposed project will fund the acquisition of in–car radios for the Police Department’s current fleet of patrol, investigations, support and technical services, and administration vehicles, including motorcycles. The acquisition of handheld radios will be purchased to equip Police and Code Enforcement personnel, together with the chargers, speaker microphones, additional batteries, software licenses, and annual subscriptions required for full functionality.
The new in–car and handheld radios incorporate multiple layers of encryption to secure voice and data communications, ensuring that only authorized users can access the system. Uninterrupted, secure, and interoperable communication is the principal objective of this project and the foundation of every emergency service operation the City conducts.
City staff received a preliminary quote from Motorola Solutions for the acquisition of public safety radios, including in–car and handheld radios together with the associated batteries, chargers, speaker microphones, subscriptions, parts, and installation labor required to equip the Montclair Police Department and Code Enforcement Division. The total estimated cost is shown in Table 1 below.
Table 1
Estimated Cost for Acquisition of Public Safety Radios
EQUIPMENT MODEL QTY UNIT COST TOTAL
Handheld radios APX N70 single–band 100 $7,036.47 $703,647.00 Extra batteries For APX N70 115 $164.62 $18,931.30
Chargers For APX N70 100 $161.80 $16,180.00
Speaker mics For APX N70 100 $379.60 $37,960.00
Subscriptions For APX N70 100 $300.00 $30,000.00
In–car radios APX 6500 single–band 60 $6,637.16 $398,229.60 Troy faceplate XTL 5000 20 $40.00 $800.00
Misc. parts & wires For APX 6500 60 $25.00 $1,500.00
Labor For APX 6500 60 $210.00 $12,600.00
Subtotal (Equipment & Labor) $1,219,847.90
Sales Tax $108,646.56
TOTAL — Police Department and Code Enforcement Division $1,328,494.46 The above quote may not reflect the final total cost of acquisition and are merely estimated amounts. The portion of the project cost that exceeds the $1,200,000.00 MONTCLAIR CITY COUNCIL MEETING – 07/20/2026 Page 87 of 98 provided by San Bernardino County will be funded from other sources, including other grants or City–provided funds.
FISCAL IMPACT: The proposed agreement with San Bernardino County is anticipated to be a reimbursement–based agreement. Under the agreement, the City of Montclair would incur the upfront cost of acquiring the public safety radios for the Montclair Police Department and Code Enforcement Division and would subsequently be reimbursed by the County in an amount up to $1,200,000.00. The agreement has not yet been provided by the County and is expected to be received within the next month.
It should be noted that the total estimated cost of the public safety radios for the Police Department and Code Enforcement Division is $1,328,494.46. The remaining cost of approximately $128,494.46, which exceeds the $1,200,000.00 provided by San Bernardino County, would come from other grants or City–provided funds.
RECOMMENDATION: Staff recommends the City Council take the following actions:
1. Authorize the reallocation of the existing $1,200,000 in funds provided by San Bernardino County under Agreement No. 24–90 from the purchase of an emergency vehicle fire apparatus ladder truck to the acquisition of public safety radios for the Montclair Police Department and the Code Enforcement Division; and
2. Adopt Resolution No. 26–3527 authorizing the City Manager to execute Agreement No. 26–47 with the County to provide reimbursement funding for the acquisition of public safety radios, subject to any revisions deemed necessary by the City Attorney.
MONTCLAIR CITY COUNCIL MEETING – 07/20/2026 Page 88 of 98 Resolution No. 26–3527 Page 1 of 2
RESOLUTION NO. 26–3527
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MONTCLAIR, CALIFORNIA, AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT WITH
THE COUNTY OF SAN BERNARDINO TO PROVIDE
REIMBURSEMENT FUNDING FOR THE ACQUISITION
OF PUBLIC SAFETY RADIOS FOR THE MONTCLAIR
POLICE DEPARTMENT AND CODE ENFORCEMENT
DIVISION
WHEREAS, it is the policy of the County of San Bernardino Board of Supervisors (“Board”) to work with community partners through services provided by the County of San Bernardino (“County”) and contractual agreements to identify programs, projects, and initiatives that support the mission of the County and provide services that promote the health, safety, and well–being of its citizens; and WHEREAS, on September 21, 2021, the Board approved the Board of Supervisors Discretionary Fund – District Specific Priorities Program (“Priorities Program”) and allocated funding to each of the five supervisorial districts; and WHEREAS, the County previously allocated $1,200,000.00 to the City of Montclair (“City”) for the acquisition of an emergency vehicle fire apparatus (ladder truck); and WHEREAS, the City has since determined that its most urgent public safety need is the replacement of its aging and obsolete public safety radio system, the radios currently in service having not been manufactured in over ten years and replacement parts, including handheld batteries, being increasingly difficult or impossible to obtain; and
WHEREAS, the City requested that the County allow the $1,200,000.00 previously allocated for the purchase of a ladder truck to instead be applied toward the acquisition of public safety radios, and the County agreed to provide funding in an amount up to $1,200,000.00 toward such acquisition; and
WHEREAS, the funding is anticipated to be provided through a reimbursement– based agreement between the City and the County (“Agreement”), under which the City would incur the cost of acquiring the public safety radios and be reimbursed by the County in an amount up to $1,200,000.00; and
WHEREAS, the City Council desires to authorize City Manager Edward Starr to execute the Agreement, upon receipt from the County and subject to any revisions deemed necessary by the City Attorney.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Montclair does hereby resolve, determine, and order as follows:
Section 1. The City Council finds that the foregoing recitals are true and correct and are incorporated herein by this reference.
Section 2. The City Council hereby authorizes the City Manager to execute an agreement with the County of San Bernardino to provide reimbursement funding, in an amount up to $1,200,000.00, for the acquisition of public safety radios for the Montclair Police Department and Code Enforcement Division, upon receipt of the agreement from the County and subject to any revisions deemed necessary by the City Attorney.
Section 3. The City Manager, or his designee, is hereby authorized to execute any and all documents and to take any and all actions necessary or appropriate to implement and administer the Agreement.
Section 4. The City Clerk shall certify to the adoption of this Resolution.
MONTCLAIR CITY COUNCIL MEETING – 07/20/2026 Page 89 of 98 Resolution No. 26–3527 Page 2 of 2
APPROVED AND ADOPTED this XX day of XX, 2026.
Mayor
ATTEST:
City Clerk
I, Andrea M. Myrick, City Clerk of the City of Montclair, DO HEREBY CERTIFY that Resolution No. 26–3527 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 – 07/20/2026 Page 90 of 98
CITY COUNCIL
AGENDA REPORT
DATE: JULY 20, 2026
SECTION: CONSENT - RESOLUTIONS
ITEM NO.: 4
FILE I.D.: EDD600
DEPT.: ECONOMIC DEV.
PREPARER: M. FUENTES
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 26–3528 RECOMMENDING THAT CENSUS TRACT 06071000201 (NORTH MONTCLAIR) BE NOMINATED BY THE GOVERNOR OF CALIFORNIA AND DESIGNATED BY THE U.S. DEPARTMENT OF
TREASURY AS A QUALIFIED OPPORTUNITY ZONE UNDER THE OPPORTUNITY ZONES
2.0 PROGRAM
CONSIDER AUTHORIZING CITY MANAGER EDWARD C. STARR OR DESIGNEE TO
PREPARE AND SUBMIT A LOCAL AUTHORITY RECOMMENDATION FORM, TOGETHER WITH ANY SUPPORTING MATERIALS, TO THE GOVERNOR’S OFFICE OF BUSINESS AND
ECONOMIC DEVELOPMENT
REASON FOR CONSIDERATION: The City Council is requested to consider adoption of Resolution No. 26–3528 recommending that Census Tract 06071000201 (North Montclair) be nominated by the Governor of California and designated by the U.S.
Department of the Treasury as a Qualified Opportunity Zone under the Opportunity Zones 2.0 program, and authorizing the City Manager, or designee, to submit a Local Authority Recommendation Form to the Governor’s Office of Business and Economic Development (GO–Biz) on or before the State deadline of July 25, 2026.
The federal Opportunity Zone (OZ) incentive, first established by the Tax Cuts and Jobs Act of 2017, was made a permanent part of the tax code by the One Big Beautiful Bill Act (OBBBA), signed into law on July 4, 2025. As part of that law, a new, once–in–a–decade round of census–tract designations — commonly referred to as “Opportunity Zones 2.0” — is now underway. The nomination window opened July 1, 2026.
In California, local jurisdictions may recommend eligible tracts to GO–Biz for the Governor’s consideration by submitting a Local Authority Recommendation Form no later than 11:59 p.m. on July 25, 2026. The Governor must transmit the State’s nominations to the U.S. Treasury by September 28, 2026, and designations certified by Treasury will take effect January 1, 2027, remaining in place for ten years (through 2036).
Staff recommends that the City Council recommend Census Tract 06071000201 — which encompasses all of North Montclair above Interstate 10 Freeway, anchored by the Montclair Transportation Center and Montclair Place — for OZ 2.0 designation. This area is the product of more than two decades of deliberate, adopted planning work and substantial public and private investment. An Opportunity Zone designation would layer a powerful federal capital–gains incentive onto an entitlement–rich, transit–served, shovel–ready district, helping to close financing gaps, accelerate housing production, and attract long–term private capital in a manner fully consistent with the City’s adopted plans.
A copy of proposed Resolution No. 26–3528, is attached for City Council review and consideration.
MONTCLAIR CITY COUNCIL MEETING – 07/20/2026 Page 91 of 98 BACKGROUND: Opportunity Zones are economically distressed communities, designated at the census–tract level, in which qualifying new investments made through Qualified Opportunity Funds may receive preferential federal tax treatment on capital gains. The original program (“OZ 1.0”) designated its tracts in 2018; those designations remain in effect through the end of 2028.
The OBBBA made the incentive permanent and established a decennial redesignation cycle. Implementing guidance issued by Treasury and the IRS in April 2026 (Revenue Procedure 2026–14) identifies the population census tracts eligible for the 2027 round and describes the nomination procedure. Eligibility is now determined on a tract–by– tract basis using the U.S. Census Bureau’s 2020–2024 American Community Survey (ACS) data, released January 29, 2026, under tightened criteria: a tract must have a median family income no greater than 70 percent of the applicable statewide or metropolitan median (down from 80 percent under OZ 1.0), or a poverty rate of at least 20 percent subject to a new median–family–income cap of 125 percent. The former “contiguous tract” provision has been repealed.
Governors may nominate up to 25 percent of their state’s eligible tracts. California has approximately 2,469 eligible tracts and may nominate roughly 618. GO–Biz is administering California’s local recommendation process and has indicated it will give added weight to tracts where the local jurisdiction demonstrates readiness to support investment — for example, through local incentives or tax increment financing districts such as an Enhanced Infrastructure Financing District (EIFD) or Community Revitalization and Investment Authority (CRIA)/(CRD). Key dates are summarized in the Table 1below:
Table 1
OZ 2.0 Timeline
Date Milestone
July 4, 2025 OBBBA signed; OZ program made permanent (“OZ 2.0”).
Jan. 29, 2026 Census Bureau releases 2020–2024 ACS data defining eligibility.
April 2026 Treasury/IRS issue Rev. Proc. 2026–14 and the eligible–tract list.
July 1, 2026 Federal nomination window opens (90 days).
July 25, 2026 Deadline for California local jurisdictions to submit Local Authority Recommendation Forms to GO–Biz.
Sept. 28, 2026 Deadline for the Governor to submit California’s nominations to the U.S.
Treasury.
Jan. 1, 2027 Treasury–certified OZ 2.0 designations take effect for a 10–year term (through 2036).
Census Tract 06071000201
Census Tract 06071000201 lies within the City of Montclair, in San Bernardino County.
It encompasses the North Montclair area — the City’s principal transit–oriented growth center, bounded generally by the Montclair Transportation Center, Arrow Highway, Central Avenue, and the Montclair Place regional shopping center. This is the single most intensively planned and invested area in the City and the focus of Montclair’s long– standing strategy to convert underutilized, auto–oriented commercial land into a walkable, mixed–use, transit–served downtown.
MONTCLAIR CITY COUNCIL MEETING – 07/20/2026 Page 92 of 98 More Than Two Decades of Adopted Planning Work
The North Montclair area did not become investment–ready by accident. It reflects a sustained, cumulative body of adopted land–use policy, environmental review, and public–realm planning that has established clear development entitlements and a coherent vision. The principal adopted efforts are summarized in Table 2 below.
Table 2
North Montclair Land Use Policies
Adopted Plan / Action Contribution to Investment Readiness North Montclair
Downtown Specific Plan
(NMDSP) — 2006;
Second Amendment
2017
The foundational transit–oriented plan (Moule & Polyzoides) covering ~150 acres between the Montclair Transportation and Montclair Place, using a form–based code to enable a pedestrian–first, mixed– use downtown. Originally financed by the former Montclair Redevelopment Agency within Redevelopment Project Area No. III, with an initial capacity of 2,800–3,200 dwelling units and ~700,000 sq. ft. of commercial space. The 2017 Second Amendment expanded the boundary and increased capacity to 5,888 units and 1,681,285 sq. ft. of non–residential space. This foundational framework was later carried forward and implemented towards other City of Montclair planning documents.
2020 General Plan —
adopted Dec. 2, 2024
A comprehensive 20 year planning document update directing the City’s growth primarily to North Montclair, the Arrow Highway Mixed– Use District, and the Montclair Corridors Codes. This vision expressly includes a transit–oriented downtown, a transformed mall area at Montclair Place, a citywide green network, and a revived manufacturing zone.
Arrow Highway Mixed–
Use District (AHMUD)
Specific Plan
The current specific plan for the North Montclair core (~165 acres along the Arrow Highway corridor, organized as AHMUD West and East). It repealed and replaced the North Montclair Specific Plan, carrying forward and refining its high–density, transit–oriented framework and adding greenways, a central park, San Antonio Channel and streetscape improvements, and phased public infrastructure. Adopted concurrently with the Montclair Corridors Code.
Montclair Place District
Specific Plan (MPDSP) —
adopted Sept. 21, 2020
A 20–year vision for ~104 acres including the Montclair Place mall and surrounding properties, envisioning up to 5,900 housing units, ~512,000 sq. ft. of commercial space, and a 100–200 room hotel in buildings ranging from five to twenty stories — transforming the regional mall into a mixed–use town center.
A Regional Transit Backbone
North Montclair is organized around the Montclair Transportation Center an intermodal hub served by the Metrolink San Bernardino Line and by Foothill Transit, Omnitrans, and Riverside Transit bus services. The City has planned for decades around the extension of Metro’s A (Gold) Line light rail to the Transportation Center and continues to pursue that connection. This existing and planned transit infrastructure is precisely the kind of asset the Opportunity Zone incentive is intended to leverage for compact, transit– oriented reinvestment.
MONTCLAIR CITY COUNCIL MEETING – 07/20/2026 Page 93 of 98 Demonstrated Development Momentum
Private capital is already responding to the City’s planning framework, which underscores both the area’s readiness and the catalytic potential of an OZ designation:
• The Paseos — 385 units, the first transit–oriented development within the plan area, including a public park within walking distance of the Montclair Transportation Center.
• The Village at Montclair — a ~350–unit, six–acre mixed–use community at 5050 Arrow Highway achieving 55 units/acre, with ground–floor retail, a town square, and a pedestrian connection to the Montclair Transportation Center. • Alexan Kendry — 348 units delivered in two phases (Phase 1, 211 units, 2020; Phase 2, 137 units, 2025) at Arrow Highway and Monte Vista Avenue. • The Clara — 302 units currently under construction just west of the Montclair Transportation Center.
• Since 2013, more than 1,200 apartments and condominiums have been built within a half–mile of the Montclair Transportation Center, with roughly 300 additional units under construction; through its adopted plans the City has planned for a minimum of approximately 11,900 housing units in North Montclair.
Why an Opportunity Zone Designation Is Warranted
An OZ 2.0 designation would attach a durable, decade–long federal capital–gains incentive to a district that is already entitled, environmentally cleared, transit–served, and actively developing. The designation would help close persistent financing gaps on higher–density and mixed–income projects, accelerate stalled or income–restricted housing, and draw the kind of long–term, patient capital the incentive is designed to reward — all in direct furtherance of the adopted General Plan, AHMUD Specific Plan, and Montclair Place District Specific Plan. Designation imposes no cost or regulatory obligation on the City.
FISCAL IMPACT: There is no direct cost to the General Fund associated with adoption of Resolution No. 26–3528 or submitting the Local Authority Recommendation Form. The Opportunity Zone incentive is a federal tax benefit; designation creates no financial or matching obligation for the City. To the contrary, a designation is intended to attract private investment that can generate construction activity, jobs, and associated municipal revenues over the ten–year term.
RECOMMENDATION: Staff recommends the City Council take the following actions:
1. Adopt Resolution No. 26–3528 recommending that Census Tract 06071000201 (North Montclair) be nominated by the Governor of California and designated by the U.S. Department of the Treasury as a Qualified Opportunity Zone under the Opportunity Zones 2.0 program; and
2. Authorize City Manager Edward Starr, or designee, to prepare and submit a Local Authority Recommendation Form, together with any supporting materials, to the Governor’s Office of Business and Economic Development.
MONTCLAIR CITY COUNCIL MEETING – 07/20/2026 Page 94 of 98 Resolution No. 26–3528 Page 1 of 2
RESOLUTION NO. 26–3528
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MONTCLAIR, CALIFORNIA, RECOMMENDING THAT CENSUS TRACT
06071000201 (NORTH MONTCLAIR) BE NOMINATED BY THE
GOVERNOR OF CALIFORNIA AND DESIGNATED BY THE U.S.
DEPARTMENT OF TREASURY AS A QUALIFIED OPPORTUNITY ZONE
UNDER OPPORTUNITY ZONES 2.0 PROGRAM; AND AUTHORIZE
CITY MANAGER EDWARD STARR, OR DESIGNEE, TO PREPARE AND
SUBMIT A LOCAL AUTHORITY RECOMMENDATION FORM,
TOGETHER WITH ANY AUPPORTING MATERIALS, TO THE
GOVERNOR’S OFFICE OF BUSINESS AND ECONOMIC DEVELOPMENT
WHEREAS, the federal Opportunity Zone incentive was established by the Tax Cuts and Jobs Act of 2017 to encourage long-term private investment in economically distressed communities, designated at the census-tract level, through preferential federal tax treatment of capital gains reinvested in Qualified Opportunity Funds; and
WHEREAS, the One Big Beautiful Bill Act, signed into law on July 4, 2025, made the Opportunity Zone incentive a permanent feature of the Internal Revenue Code and established a new, decennial round of census-tract designations commonly known as “Opportunity Zones 2.0”; and
WHEREAS, the U.S. Department of the Treasury and the Internal Revenue Service issued Revenue Procedure 2026-14 in April 2026, identifying the census tracts eligible for designation and describing the nomination procedure, with eligibility determined using the U.S. Census Bureau’s 2020–2024 American Community Survey data under revised low-income-community criteria; and
WHEREAS, the nomination window opened July 1, 2026, and the Governor of California may nominate up to twenty-five percent (25%) of the State’s eligible census tracts, submitting the State’s nominations to the U.S. Treasury no later than September 28, 2026, with certified designations to take effect January 1, 2027, for a term of ten years; and
WHEREAS, the Governor’s Office of Business and Economic Development (GO-Biz) is administering California’s local recommendation process and has invited authorized representatives of local jurisdictions to recommend eligible census tracts by submitting a Local Authority Recommendation Form no later than 11:59 p.m. on July 25, 2026; and
WHEREAS, Census Tract 06071000201 lies within the City of Montclair, County of San Bernardino, and encompasses the North Montclair area — the City’s principal transit-oriented, mixed-use growth center anchored by the Montclair Transportation Center and the Montclair Place regional mall center; and WHEREAS, the City has invested more than two decades of planning effort in North Montclair, beginning with the North Montclair Downtown Specific Plan adopted in 2006 (and amended in 2017), which established a form-based, transit-oriented framework for approximately 150 acres between the Montclair Transportation Center and Montclair Place; and
WHEREAS, on September 21, 2020, the City Council adopted the Montclair Place District Specific Plan, charting a 20-year vision for approximately 104 acres including the Montclair Place mall, with capacity for up to 5,900 housing units, approximately 512,000 square feet of commercial space, and a hotel, to transform the regional mall into a mixed-use town center; and
WHEREAS, on December 2, 2024, the City Council adopted the 2020 General Plan (Resolution No. 24-3461) and an accompanying Climate Action Plan (Resolution No. 24-3462), directing the City’s growth to the downtown, the Arrow Highway Mixed-Use District, and the Corridors Code, and supported by a certified Program Environmental Impact Report (SCH No. 2020110481); and WHEREAS, on December 16, 2024, the City Council adopted the Arrow Highway Mixed-Use District (AHMUD) Specific Plan (Ordinance No. 24-1009), together with the Montclair Corridors Code (Ordinance No. 24-1010), establishing the current high-density, transit-oriented regulatory framework for the North Montclair core; and WHEREAS, North Montclair is served by the Montclair Transportation Center — an intermodal hub served by the Metrolink San Bernardino Line and regional bus operators — around which the City has long planned for the extension of light-rail MONTCLAIR CITY COUNCIL MEETING – 07/20/2026 Page 95 of 98 Resolution No. 26–3528 Page 2 of 2
service, and where more than 1,200 residential units have been constructed within a half-mile of the Montclair Transportation Center since 2013, with additional units under construction and a planned capacity of approximately 11,900 units in North Montclair; and
WHEREAS, designation of Census Tract 06071000201 as a Qualified Opportunity Zone would advance the goals and policies of the City’s adopted General Plan, AHMUD Specific Plan, and Montclair Place District Specific Plan by attracting longterm private capital to close financing gaps, accelerate housing production, and support economic revitalization, without imposing any cost or regulatory obligation on the City; and
WHEREAS, the City Council finds it to be in the public interest to recommend Census Tract 06071000201 for nomination and designation under the Opportunity Zones 2.0 program.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF MONTCLAIR AS FOLLOWS:
Section 1. Incorporation of Recitals. The foregoing recitals are true and correct and are incorporated herein by this reference.
Section 2. Recommendation of Census Tract. The City Council hereby recommends that Census Tract 06071000201 (North Montclair) be nominated by the Governor of California and certified and designated by the U.S. Department of the Treasury as a Qualified Opportunity Zone under the Opportunity Zones 2.0 program.
Section 3. Consistency with Adopted Plans. The City Council finds that the recommendation of Census Tract 06071000201 is consistent with and supportive of the City’s adopted General Plan, the Arrow Highway Mixed-Use District Specific Plan, the Montclair Place District Specific Plan, and the City’s long-standing economic development and transit-oriented development objectives.
Section 4. Authorization to Submit Recommendation. The City Manager, or designee, is hereby authorized and directed to prepare, execute, and submit to the Governor’s Office of Business and Economic Development a Local Authority Recommendation Form, together with any supporting materials, for Census Tract 06071000201 on or before July 25, 2026, and to take all other actions reasonably necessary to carry out the intent of this Resolution.
Section 5. Environmental Determination. The City Council finds that the adoption of this Resolution is not a “project” subject to the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15378, or is otherwise exempt under Section 15061(b)(3), because it is an administrative recommendation to another public agency that will not cause a direct or reasonably foreseeable indirect physical change in the environment; future development remains subject to applicable CEQA review.
Section 6. Effective Date. This Resolution shall become effective immediately upon its adoption.
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. 26–3528 was duly adopted by the Montclair City Council at a regular meeting thereof 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 – 07/20/2026 Page 96 of 98 Personnel Committee Minutes – July 6, 2026 Page 1 of 1
MINUTES OF THE MEETING OF THE MONTCLAIR
PERSONNEL COMMITTEE HELD ON MONDAY,
JULY 6, 2026, AT 6:04 P.M. IN THE CITY
ADMINISTRATIVE OFFICES, 5111 BENITO STREET,
MONTCLAIR, CALIFORNIA
I. CALL TO ORDER
Mayor Dutrey called the meeting to order at 6:04 p.m.
II. ROLL CALL
Present: Mayor Dutrey, 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 June 1, 2026.
Moved by Council Member Ruh, seconded by Mayor Dutrey, and carried unanimously to approve the minutes of the Personnel Committee meeting on June 1, 2026.
IV. PUBLIC COMMENT – None
V. CLOSED SESSION
At 6:05 p.m., the Personnel Committee went into Closed Session regarding personnel matters related to appointments, resignations/ terminations, and evaluations of employee performance.
At 6:15 p.m., the Personnel Committee returned from Closed Session.
Mayor Dutrey stated that no announcements would be made at this time.
VI. ADJOURNMENT
At 6:15 p.m., Mayor Dutrey adjourned the Personnel Committee.
Submitted for Personnel Committee approval,
Edward C. Starr
City Manager
MONTCLAIR CITY COUNCIL MEETING – 07/20/2026 Page 97 of 98
PENDING
APPROVAL
Special City Council Meeting Minutes – June 1, 2026 Page 1 of 1
MINUTES OF THE SPECIAL MEETING OF THE MONTCLAIR
CITY COUNCIL HELD ON MONDAY, JUNE 1, 2026, AT
5:45 P.M. IN THE CITY COUNCIL CHAMBERS, 5111 BENITO
STREET, MONTCLAIR, CALIFORNIA
I. CALL TO ORDER
Mayor Dutrey called the meeting to order at 5:45 p.m.
II. ROLL CALL
Present: Mayor Dutrey; Mayor Pro Tem Martinez; Council Members Ruh, Lopez, and Mendez
City Manager/Executive Director Starr; Assistant City Manager/ Director of Human Services Richter; City Attorney Robbins; City Clerk Myrick
III. PUBLIC COMMENT — None
IV. CLOSED SESSION
A. Potential Litigation (Three Potential Cases) – GC §54956.9(d)(2) B. Potential Litigation (Two Potential Cases) – GC §54956.9(d)(4) C. Pending Litigation Pursuant to GC §54956(d)(1)
1. Ibanez v. Montclair
2. McDaniel v. Montclair
3. Montclair v. SBCTA
4. Ontario/Montclair v. IEUA
5. Kresback v. Montclair
6. Young v. Montclair
D. Public Employee Discipline/Dismissal/Release – GC §54957(b) E. Conference with Designated Labor Negotiator Edward C.
Starr Pursuant to GC §54957.6
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
At 5:47 p.m., the City Council went into closed session to discuss potential litigation, pending litigation, public employee discipline/dismissal/release, and labor negotiations.
VI. CLOSED SESSION ANNOUNCEMENTS
At 6:44 p.m., the City Council returned from closed session. Mayor Dutrey announced that the City Council met in closed session and discussed potential litigation, pending litigation, public employee discipline/dismissal/release, and labor negotiations; information was received and direction was given to staff; and no further announcements would be made at this time.
VII. ADJOURNMENT
At 6:45 p.m., the City Council was adjourned.
Submitted for City Council approval,
Andrea Myrick,
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 07/20/2026 Page 98 of 98