Agenda packet — Montclair City Council, August 3, 2026

CITY OF MONTCLAIR

CITY COUNCIL

SUCCESSOR REDEVELOPMENT AGENCY,

MONTCLAIR HOUSING CORPORATION,

MONTCLAIR HOUSING AUTHORITY, AND

MONTCLAIR COMMUNITY FOUNDATION

MEETINGS

AGENDA PACKET
Monday, August 3, 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, August 3, 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. When addressed, Zoom users can click the microphone icon and callers can dial *6 to unmute or mute themselves.

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 — None
VI. PUBLIC COMMENT
During Public Comment, you may comment on any subject that does not appear on this agenda. Each speaker has up to five minutes. The meeting’s presiding officer may provide more or less time to accommodate speakers with special needs or a large number of speakers waiting in line. (Government Code Section 54954.3).

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

VII. PUBLIC HEARINGS — None Page No.

XXXXXXXXXXXXX
MONTCLAIR CITY COUNCIL MEETING – 08/03/2026 Page 1 of 77 Page No.

VIII. CONSENT CALENDAR
A. Approval of Minutes

1. Regular Joint Meeting — May 4, 2026 [CC/SA/MHC/MHA/MCF] 70 B. Administrative Reports

1. Consider Approval and Ratification of Warrant Register & Payroll Documentation [CC] 4
C. Agreements

1. Consider Approval of Agreement No. 26–53 with the State of California Office of Traffic Safety Authorizing the Receipt of a $49,953.15 Grant Award to Purchase Rescue Equipment for the Fire Department, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] Consider Authorizing City Manager Edward C. Starr to Sign Said Agreement [CC]
Consider Authorizing a $49,953.15 Appropriation from the Safety Department Grant Fund for the Purchase [CC] 5

2. Consider Approval of Agreement No. 26–54, Amendment No. 1 to Agreement No. 99–75 with SBA 2012 TC Assets, LLC for the Lease of a Wireless Communications Site (CA45496–A) at Freedom Plaza, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] 25 D. Resolutions

1. Consider Adoption of Resolution No. 26–3529 Adopting a Tort Liability Legislative and Political Platform [CC] 33

2. Consider Adoption of Resolution No. 26–3530 Leving Special Taxes on the FY 2026–27 County of San Bernardino Property Tax Roll for Montclair Community Facilities Districts and Taking Other Actions Related Thereto [CC] 59
IX. PULLED CONSENT CALENDAR ITEMS
X. COMMUNICATIONS
A. Department Reports

1. Police Department — National Night Out
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] MONTCLAIR CITY COUNCIL MEETING – 08/03/2026 Page 2 of 77 Page No.

3. Request to Meet in Closed Session Pursuant to GC §54956(d)(1) Regarding Pending Litigation [CC]
Fuentes/Garcia v. Lopez, City of Montclair
Ibanez v. Montclair
Montclair v. SBCTA
Searing v. Montclair

4. Request to Meet in Closed Session Pursuant to Government Code §54957.6 Regarding Conference with Designated Labor Negotiator Edward C. Starr Agency: City of Montclair
Employee Management Employees
Associations: Montclair City Confidential Employees Association Montclair General Employees – Teamsters Local 1932
Montclair Fire Fighters Association
Montclair Police Officers Association
C. City Manager/Executive Director
D. Mayor/Chairperson
E. Council Members/Directors
F. Committee Meeting Minutes (for informational purposes only)

1. Personnel Committee Meeting — July 20, 2026 [CC] 69
XI. CLOSED SESSION
XII. CLOSED SESSION ANNOUNCEMENTS
XIII. ADJOURNMENT
The next regular joint meeting of the City Council, Successor Agency Board, Montclair Housing Corporation Board, Montclair Housing Authority Commission, and Montclair Community Foundation Board will be held on Monday, August 17, 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 23, 2026.

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CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 3, 2026
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 1
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 20, 2026, and the Payroll Documentation dated July 12, 2026, and recommends their approval.

FISCAL IMPACT: The City Manager authorized the Warrant Register dated July 20, 2026, totaling $1,814,499.55
The Payroll Documentation dated July 12, 2026, totals $940,437.58 gross, with $663,812.78 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 – 08/03/2026 Page 4 of 77

CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 3, 2026
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 1
FILE I.D.: FRD220
DEPT.: FIRE
PREPARER: R. ROJAS
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 26–53 WITH THE STATE OF CALIFORNIA OFFICE OF TRAFFIC SAFETY AUTHORIZING THE RECEIPT OF A $49,953.15 GRANT

AWARD TO PURCHASE RESCUE EQUIPMENT FOR THE FIRE DEPARTMENT, SUBJECT

TO ANY REVISIONS DEEMED NECESSARY BY THE CITY ATTORNEY
CONSIDER AUTHORIZING CITY MANAGER EDWARD C. STARR TO SIGN SAID

AGREEMENT
CONSIDER AUTHORIZING A $49,953.15 APPROPRIATION FROM THE SAFETY

DEPARTMENT GRANT FUND FOR THE PURCHASE
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 26–53 with the State of California Office of Traffic Safety (OTS) authorizing the receipt of a $49,953.15 grant award to purchase rescue equipment for the Fire Department, authorizing City Manager Edward C. Starr to sign said agreement; and authorizing a $49,953.15 appropriation from the Safety Department Grant Fund for the purchase.

A copy of proposed Agreement No. 26–53 is attached for City Council review and consideration.

BACKGROUND: The FY2026 OTS grant is responsible for providing funding for new equipment and training for fire departments without extrication equipment or those that have existing equipment that has reached the end of its usable lifespan with the need of replacement. All eligible OTS grant applicants are able to purchase equipment or supplies with a maximum allocation of $50,000 contingent upon the availability of federal funds at the time of the award.

Through the FY2026 OTS grant, the Montclair Fire Department has been authorized to receive $49,953.15 in grant funds to purchase one Hurst E–draulic cutter tool, one spreader tool, one combi tool, one door opener tip set, and two E3 batteries. OTS grant program funds are distributed to fire departments where equipment challenges exist, major transportation corridors are present, and a high volume of traffic accidents occur where such funding would improve lifesaving operations through new tools, training, and equipment.

The Montclair Fire Department is currently using Hurst rescue tools on Medic Engine 152 that are on loan due to the existing frontline equipment being out of service due to catastrophic failure. The remaining Hurst E–draulic tools that are in service were purchased in 2017 through the FY2017 State Homeland Security Grant Program (HSGP).

With the authorization of the FY2026 OTS grant, the Department will be able to fully replace one set of Hurst rescue tools on one piece of fire apparatus. These tools have many functions which include, but are not limited to, the removal of occupants through extrication operations after vehicle collisions, urban search and rescue needs, and forcible entry applications to gain access into buildings. They are battery–supplied hand MONTCLAIR CITY COUNCIL MEETING – 08/03/2026 Page 5 of 77 tools, which would allow personnel to respond faster, set up more quickly, and perform life saving measures more efficiently on every applicable incident.

Fire Department staff received a quote of $49,953.15 from L.N. Curtis, the sole source distributor for the Hurst line of tools, for one Hurst E–draulic cutter tool, one spreader tool, one combi tool, one door opener tip set, and two E3 batteries.

FISCAL IMPACT: If approved by the City Council, the receipt of $49,953.15 from the OTS Grant Program would result in the purchase of Hurst rescue tools through the appropriation from the Safety Department Grant Fund Account No. 1163. The City would be fully reimbursed from the FY2026 OTS grant.

RECOMMENDATION: It is recommended that the City Council take the following actions:

1. Approve Agreement No. 26–53 with OTS authorizing the receipt of a $49,953.15 grant award to purchase rescue equipment for the Fire Department, subject to any revisions deemed necessary by the City Attorney;

2. Authorize City Manager Edward C. Starr to sign said agreement; and

3. Authorize a $49,953.15 appropriation from the Safety Department Grant Fund for the purchase.

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State of California – Office of Traffic Safety

GRANT AGREEMENT

GRANT NUMBER
EM27010

1. GRANT TITLE
Regional Crash Response and Extrication Improvement Program

2. NAME OF AGENCY 3. Grant Period
Montclair From:

To:
10/01/2026
09/30/2027 4. AGENCY UNIT TO ADMINISTER GRANT
Montclair Fire Department

5. GRANT DESCRIPTION
The city/county/regional fire agency will improve their crash response and extrication times by purchasing extrication equipment. Best practice strategies will be used to reduce the response time for the arrival of appropriate extrication equipment to traffic crash scenes and the time to extricate the victims of traffic crashes, thus increasing survivability. The grant will provide funding for new equipment and training for fire departments without extrication equipment or those that have existing equipment that has reached the end of its usable lifespan and is in need of replacement.

6. Federal Funds Allocated Under This Agreement Shall Not Exceed:

Allocation is contingent upon availability of federal funds. $50,000.00

7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
• Schedule A – Problem Statement, Goals and Objectives and Method of Procedure • Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable) • Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable) • Exhibit A – Certifications and Assurances
• Exhibit B* – OTS Grant Program Manual
• Exhibit C – Grant Electronic Management System (GEMS) Access *The item shown with an asterisk (*), is hereby incorporated by reference and made a part of this agreement as if attached hereto. This document can be viewed at the OTS home web page under Grants: www.ots.ca.gov.

Use of OTS Grant Agreement template in lieu of the California Model Agreement (CMA) The California Office of Traffic Safety (OTS) utilizes its standardized OTS Grant Agreement template for awards. The format, structure, and uniformity of the OTS Grant Agreement template allows for processing through Grant Electronic Management System (GEMS). OTS’s approach to using the OTS Grant Agreement template is consistent with the California Model Agreement (CMA) developed by University of California Office of the President (UCOP) and directed by the Department of General Service (DGS). For more information, please review the OTS Grant Program Manual.

Pre-Agreement Work
No work shall commence and no costs shall be incurred prior to the grant start date or the grant agreement being fully signed and executed. Any such costs are incurred at the grantee’s own risk and may not be reimbursed.

AGREEMENT NO. 26-53
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8. Approval Signatures
We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the grant terms and conditions described herein.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Thomas Nicoll
Assistant Fire Chief
[email protected]
(909) 447 3547
8901 Monte Vista Ave
Montclair, CA 91763
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Edward Starr
City Manager
[email protected]
909 625 9405
8901 Monte Vista Ave
Montclair, CA 91763
(Signature) (Date) (Signature) (Date)
C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Janet Kulbeck
Director of Finance
[email protected]
(909) 625 6411
8901 Monte Vista Ave
Montclair, CA 91763
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Stephanie Dougherty
Director
[email protected]
(916) 509-3030
2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
(Signature) (Date) (Signature) (Date)
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Mary Khang SAM #:

REGISTERED
ADDRESS:

CITY:

ZIP+4:

YM87HK81HED6
5111 Benito St.

Montclair
91763-2510
ADDRESS: 2208 Kausen Drive Suite 300
Sacramento, CA 95758
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10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED

EXPENDITURES

AGREEMENT
TOTAL $50,000.00

AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above, notwithstanding allocations contingent on availability of federal funds.
$50,000.00

PRIOR AMOUNT ENCUMBERED FOR THIS

AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $50,000.00
MONTCLAIR CITY COUNCIL MEETING – 08/03/2026 Page 9 of 77 6/26/2026 9:09:45 AM Page 4 of 18
State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule A

GRANT NUMBER
EM27010

1. PROBLEM STATEMENT
Describe the city, county, or jurisdiction this grant will impact.

Montclair, California (population 37,865) is an urban city in southwestern San Bernardino County, 35 miles east of downtown Los Angeles. The City (5.52 square miles) is densely populated with 6,832 people per square mile. The City will soon incorporate additional land to the south, increasing the City’s boundary by 27% to a total of seven square miles.

The City serves as a major regional destination, anchored by a mall with entertainment, dining, and plans for multiple new parking structures. The City is also a transportation hub, accessible from Interstates 210, 10, and 60, and offers a transit center with a park-and-ride facility, bus services, and a commuter rail substation with plans to extend the regional Metro Foothill Gold Line light-rail line. In addition, the I-210, I-10, and I-60 are in the top 10 most traveled freeways in the country and combined, see a daily car volume of 1,063,000 (USDOT). The I-10 corridor already operates beyond its capacity during peak hours. To address this, the San Bernardino County Transportation Authority (SBCTA) Interstate 10 Corridor Project is currently adding new travel lanes to improve the movement of people and goods along more than 33 miles of freeway, nearly two miles of which run through the City. As congestion intensifies, traffic slows significantly and crash risks increase, especially in construction zones where narrowed lanes and shifting alignments leave drivers with less room for error.

Describe the problem(s) to be addressed, supported by current and relevant crash data. (most recent calendar year data/stats).

Problem to be Addressed:

The Fire Department’s current vehicle extrication tools are early-generation battery-powered hydraulic tools that have exceeded their intended service life. While battery-powered, these tools are now:
• Past manufacturer warranty
• No longer manufactured
• Increasingly difficult to service
In addition, replacement parts for our extrication equipment have become increasingly difficult to obtain, making it challenging to maintain full operational readiness. When tools are taken out of service, securing replacement or loaner equipment is often impossible, creating critical gaps in rescue capability during time sensitive traffic crash incidents. Over the past 12 months, the Department has been forced to replace or service multiple extrication tools and batteries, resulting in thousands of dollars in repair and replacement costs and significant equipment downtime. The most recent incident occurred on January 28, 2026, when a cutter completely broke one of its jaws, rendering the tool inoperable and out of service for an extended period.

Fire departments across the country are increasingly reporting difficulty cutting through key structural components of late model vehicles. Traditional rescue tools, whether hydraulic, electric, or air powered, are frequently stalling under the demands of modern vehicle construction (www.firehouse.com). Early generation battery powered tools, in particular, offer significantly reduced cutting and spreading capability compared to current technology. They struggle against ultra high strength steel, reinforced passenger compartments, and advanced safety systems now common in newer vehicles. These limitations extend extrication times, prolong patient entrapment, and heighten the exposure of both responders and victims to roadway hazards.

Supporting Local Crash Data:

Although the City covers just 5.52 square miles, it is intersected by several of the nation’s busiest transportation corridors. Interstates 210, 10, and 60, all ranked among the top ten most traveled freeways in the country, carry a combined daily traffic volume of 1,063,000 vehicles (USDOT). Each of these major routes passes directly through the City, placing them under the Fire Department’s responsibility for emergency response when crashes occur.

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According to UC Berkeley’s Transportation Injury Mapping System (TIMS) local data, the City recorded 279 traffic crashes in 2022, 303 in 2023, 275 in 2024, and 156 crashes between January 1 and September 30, 2025, resulting in 23 fatalities and nearly 1,500 injuries. It should also be noted that OTS Crash Rankings for 2023, rank the City 4th out of 93 in the total fatal and injury crash category. This level of roadway activity highlights the need for reliable, modern extrication equipment capable of handling today’s vehicle designs and crash forces. Although statewide and local systems do not track extrication-specific data, San Bernardino County consistently reports one of the highest traffic crash burdens in California. The San Bernardino County Community Indicators Report notes that “there are thousands of victims of traffic crashes each year in San Bernardino County,” with many incidents tied to preventable behaviors such as speeding, impaired driving, and distraction. Given the county’s high rate of severe, high energy impacts, it is reasonable to expect that a portion of these crashes require extrication, which nationally occurs in roughly 5–10% of vehicle crashes. Examples of extrication operations include door removal, window removal, roof removal, dash lifts, dash rolls, steering wheel displacement, third and fifth door conversions, tunneling, rapid extrication, rollover extrication, and heavy vehicle extrication.

The data provided for traffic crash victims requiring extrication, mutual aid extrication services, and average extrication time are estimates based on national and regional fire service standards, combined with local call volume trends. Where specific historical data were unavailable, the following methodology was used:
 Victims Requiring Extrication: National statistics indicate that approximately 5–10% of traffic crash calls require patient extrication due to vehicle entrapment. For this application, a median value of 7% was applied to the department’s traffic crash call volume for each year.  Mutual Aid Extrication Provided: Smaller fire departments frequently rely on mutual aid for complex extrications. Industry experience suggests that 30–50% of extrication incidents involve mutual aid either received or provided. A conservative estimate of 40% was applied to the calculated extrication incidents for each year.
 Average Extrication Time: Published fire service studies indicate that vehicle extrication from arrival at scene to patient transport typically ranges from 20 to 35 minutes. For this department, an average of 26–28 minutes was used, reflecting experience in a suburban environment with trained personnel.

These estimates are consistent with peer fire departments of similar size and demographics and provide a reasonable representation of expected operational activity. They are intended for planning and grant application purposes and will be updated with actual data as it becomes available.

Define the target population the grant intends to serve and how they are affected by the problem(s).

Target Population:

The City (population 37,865) is a rapidly expanding, diverse community comprised of 71.9% Hispanic,

10.5% White, and 11.2% Asian residents (U.S. Census – 2020 Decennial Census). The U.S. Census also reports that over 16% of the population is below the poverty level; this, however, does not capture those struggling just above the poverty level. According to several mapping tools (CalEnviroScreen 4.0, CA State Parks Community FactFinder, and SB 535 Disadvantaged Communities), most of the City is considered a disadvantaged community (DAC). The median household income (MHI) in the City is $76,338, 20.1% lower than the state MHI of $95,521.

Serving Target and At-Risk Populations:

The Fire Department’s updated extrication tools will cut through metal, reinforced vehicle frames, and debris far more quickly than the outdated equipment currently in use. This increased speed can be lifesaving, particularly in neighborhoods where residents already experience longer EMS response times or higher rates of underlying health conditions. These higher rates of underlying health conditions can be attributed to limited access to health care resources in disadvantaged communities. Faster extrication reduces the severity of injuries and improves patient outcomes, an essential benefit for individuals who may struggle to afford or obtain follow up medical care.

2. PERFORMANCE MEASURES
A. Goals:

1. Reduce the number of persons killed in traffic crashes.

2. Reduce the number of persons injured in traffic crashes.

3. Decrease the average extrication time, from the time of arrival at the crash site to transport.

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B. Objectives: Target Number

1. Issue a news release announcing the kick-off of the grant by December 31st. The kick-off news releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 7 days prior to the issuance date of the release.
1 2. Purchase and place fully equipped extrication systems in strategic locations within the jurisdiction.
1 3. Train firefighters in the use of the new equipment. 24

4. Conduct traffic safety presentations with an effort to reach persons and communities.
2 5. Display the OTS funded equipment during Public Safety Fairs, community festivals and/or other Department or community events.
2 6. Report on the number of times the grant-funded equipment is used during an extrication, provide a brief overview of the incident and indicate if the equipment was used to save a life.
1 7. Station 152 - Decrease the average extrication time, from the time of arrival at the crash site to transport, from 27 minutes to 25 minutes.

3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year) • Determine specific equipment requirements.
• Request equipment vendor price quotation for the required equipment per host agency requirement.
• Submit purchase orders to equipment vendors for purchase of the equipment. • Prepare and execute Memorandums of Understanding (MOU) with recipient agencies. • Items with a unit cost of $5,000 or more (including tax and shipping) must comply with the Buy America Act.

Media Requirements
• Issue a news release approved by the OTS PIO announcing the kick-off of the grant by December 31 and after the grant is signed and executed, but no sooner than October 1, the start of the grant year. The kick-off release must be approved by the OTS PIO. If you are unable to meet the December 31 deadline to issue a kick-off press release, communicate the reasons to your OTS grant coordinator and OTS PIO.

B. Phase 2 – Program Operations (Throughout Grant Year) • Inventory the new equipment following delivery.
• Disperse equipment to identified recipient agencies.
• Plan a media event announcing the grant funded equipment. • Recipient agencies will identify training needs and objectives and coordinate instructional staff to conduct a high quality training program for their respective agency. • Recipient agencies will develop a preventive maintenance schedule for the new equipment following manufacturers’ recommendations.

Media Requirements
The following requirements are for all grant-related activities:
• Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
• Send all PowerPoint presentations, online presentations and trainings for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Certified training courses are EXEMPT from the approval process.
• The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the OTS grant coordinator.

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• Pre-approval is not required when using any OTS-supplied template for media advisories, news releases, social media graphics, videos or posts, or any other OTS-supplied educational material.

However, copy the OTS PIO at [email protected] and your OTS grant coordinator when any material is distributed to the media and public, such as a news release, educational material, or link to social media post.
• If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator.
• News releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are EXEMPT from the OTS PIO approval process.

The OTS PIO and your OTS grant coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
• Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are EXEMPT from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your OTS grant coordinator with the embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email. • Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval.
• Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
• Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS grant coordinator for approval prior to the production or duplication. • Use the following standard language in all press, media, and printed materials, space permitting:

Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. • Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult the OTS PIO and copy your OTS grant coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.
• Email the OTS PIO at [email protected] and copy your OTS grant coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so the OTS has sufficient notice to arrange for attendance and/or participation in the event. If unable to attend, email the OTS PIO at [email protected] and your OTS grant coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of the event within 7 days following significant grant-related event or program. The OTS PIO and your OTS grant coordinator should still be notified in advance when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
• Any news releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received OTS PIO approval in a prior grant year must be resubmitted for approval in the current grant year.
• For additional guidance, refer to the OTS Grants Materials Approval Process Guidelines and FAQs .
• Email the OTS PIO at [email protected] or your OTS grant coordinator for consultation when changes from any of the above requirements might be warranted.

C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)

1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30) MONTCLAIR CITY COUNCIL MEETING – 08/03/2026 Page 13 of 77 6/26/2026 9:09:45 AM Page 8 of 18

2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
• Collect and report quarterly, appropriate data that supports the progress of goals and objectives. • Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
• Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
• Collect, analyze and report statistical data relating to the grant goals and objectives.

4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.

5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.

MONTCLAIR CITY COUNCIL MEETING – 08/03/2026 Page 14 of 77 6/26/2026 9:09:45 AM Page 9 of 18
State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B

GRANT NUMBER
EM27010

FUND NUMBER CATALOG

NUMBER (CFDA)

FUND DESCRIPTION TOTAL AMOUNT
402EM-27 20.600 State and Community Highway
Safety
$50,000.00

COST CATEGORY FUND
NUMBER

UNIT COST OR
RATE

UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS
Straight Time
$0.00
Overtime
$0.00
Category Sub-Total $0.00
B. TRAVEL EXPENSES
$0.00
$0.00
Category Sub-Total $0.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
Fully Equipped Extrication System 402EM-27 $50,000.00 1 $50,000.00 Category Sub-Total $50,000.00
E. OTHER DIRECT COSTS
$0.00
Category Sub-Total $0.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $50,000.00
MONTCLAIR CITY COUNCIL MEETING – 08/03/2026 Page 15 of 77 6/26/2026 9:09:45 AM Page 10 of 18
State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B-1

GRANT NUMBER
EM27010

BUDGET NARRATIVE

PERSONNEL COSTS
-

TRAVEL EXPENSES
-

CONTRACTUAL SERVICES
-

EQUIPMENT
Fully Equipped Extrication System - Fully equipped extrication systems generally include a hydraulic pump, hydraulic fluid, hoses, control valves, and hydraulically actuated spreaders, cutters, and rams, as well as options for battery powered (e draulic) extrication tools. Costs may include the complete set of extrication equipment along with any required modifications, attachments, accessories, or auxiliary components necessary to ensure the system is fully functional. All items are intended solely for use during motor-vehicle crash extrication incidents.

OTHER DIRECT COSTS
-

INDIRECT COSTS
-

STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.

Salaries may include wages, salaries, special compensations, or authorized absences such as annual leave and sick leave provided the cost for the individual employee is (a) reasonable for the services rendered, and (b) follows an appointment made in accordance with state or local laws and rules and meets federal requirements.

Any non-grant funded vacancies created by reassignment to a grant-funded position must be filled at the expense of the grantee agency.

Nothing in this agreement shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under.

The OTS grant funded activities must be separate from other grant funded program activities and maintained under separate accounting tracking codes (example: the same DUI checkpoint may not be funded by both the CHP Cannabis Tax Fund and the OTS).

Benefits for personnel costs can only be applied to straight time or overtime hours charged to the grant.

MONTCLAIR CITY COUNCIL MEETING – 08/03/2026 Page 16 of 77 6/26/2026 9:09:45 AM Page 11 of 18
Appendix A to Part 1300—Certifications and Assurances for Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117- 58)
The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding.

Applicable provisions include, but are not limited to, the following:

GENERAL REQUIREMENTS
The State will comply with applicable statutes and regulations, including but not limited to:
• 23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended; • Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58; • 23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs; • 2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;
• 2 CFR part 1201—Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

NONDISCRIMINATION
(applies to subrecipients as well as States)
The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);
• 49 CFR part 21 (entitled Non-discrimination in Federally-Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964); • 28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964);
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
• The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the
Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federallyfunded or not); • Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38
State of California – Office of Traffic Safety

GRANT AGREEMENT
Exhibit A

GRANT NUMBER
EM27010
MONTCLAIR CITY COUNCIL MEETING – 08/03/2026 Page 17 of 77 6/26/2026 9:09:45 AM Page 12 of 18
The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regulations,” respectively.

GENERAL ASSURANCES
In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:
“No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA.”
The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.

SPECIFIC ASSURANCES
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program:

1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in 49 CFR part 21 will be (with regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.

2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
“The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.”

3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred to as DOT order 1050.2A) [1]in every contract or agreement subject to the Acts and the Regulations.

4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.

5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.

6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property.

7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.

8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the MONTCLAIR CITY COUNCIL MEETING – 08/03/2026 Page 18 of 77 6/26/2026 9:09:45 AM Page 13 of 18
form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or
b. the period during which the Recipient retains ownership or possession of the property.

9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.

10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance.

By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any subrecipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.

The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient.

THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about:

1. The dangers of drug abuse in the workplace;

2. The grantee's policy of maintaining a drug-free workplace;

3. Any available drug counseling, rehabilitation, and employee assistance programs;

4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;

5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a); c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will—

1. Abide by the terms of the statement;

2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction; e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted—

1. Taking appropriate personnel action against such an employee, up to and including termination;

2. Requiring such employee to participate satisfactorily in a drug abuse assistance or MONTCLAIR CITY COUNCIL MEETING – 08/03/2026 Page 19 of 77 6/26/2026 9:09:45 AM Page 14 of 18
rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.

POLITICAL ACTIVITY (HATCH ACT)
(applies to subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.

CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to subrecipients as well as States)

CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions;

3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to subrecipients as well as States)

INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES) MONTCLAIR CITY COUNCIL MEETING – 08/03/2026 Page 20 of 77 6/26/2026 9:09:45 AM Page 15 of 18

1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.

4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.

6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart

9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
( https://www.sam.gov/).

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS—PRIMARY TIER

COVERED TRANSACTIONS

1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and MONTCLAIR CITY COUNCIL MEETING – 08/03/2026 Page 21 of 77 6/26/2026 9:09:45 AM Page 16 of 18
its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency;
b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.

INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart

8. Nothing contained in the foregoing shall be construed to require establishment of a system of MONTCLAIR CITY COUNCIL MEETING – 08/03/2026 Page 22 of 77 6/26/2026 9:09:45 AM Page 17 of 18
records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION—LOWER TIER

COVERED TRANSACTIONS

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

BUY AMERICA
(applies to subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation.

CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)

GENERAL REQUIREMENTS
No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy:

1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations.

2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.

DISCLOSURE REQUIREMENTS
MONTCLAIR CITY COUNCIL MEETING – 08/03/2026 Page 23 of 77 6/26/2026 9:09:45 AM Page 18 of 18
No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy:

1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict.

2. NHTSA will review the disclosure and may require additional relevant information from the recipient.

If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.

3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization.

PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.

POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website ( www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.

POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company-owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or reevaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving.

MONTCLAIR CITY COUNCIL MEETING – 08/03/2026 Page 24 of 77

CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 3, 2026
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 2
FILE I.D.: COM075
DEPT.: ECONOMIC DEV.

PREPARER: M. FUENTES
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 26–54, AMENDMENT NO. 1 TO AGREEMENT NO. 99–75 WITH SBA 2012 TC ASSETS, LLC FOR THE LEASE OF A WIRELESS COMMUNICATIONS SITE (CA45496–A) AT FREEDOM PLAZA, SUBJECT TO

ANY REVISIONS DEEMED NECESSARY BY THE CITY ATTORNEY
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 26–54, Amendment No. 1 to Agreement No. 99–75 with SBA 2012 TC Assets, LLC wireless communications site (CA45496–A) at Freedom Plaza, subject to any revisions deemed necessary by the City Attorney.

A copy of proposed Agreement No. 26–54, Amendment No. 1 to Agreement No. 99–75 is attached for City Council review and consideration.

BACKGROUND: The City owns real property at Freedom Plaza on which a wireless communications site is located. The site is leased under a Communications Site Lease Agreement (Ground) originally dated October 4, 1999, between the City of Montclair Redevelopment Agency, the City’s predecessor in interest, and Nextel of California, Inc.

The lease was subsequently assigned and, through a series of transfers, is now held by SBA 2012 TC Assets, LLC, a Delaware limited liability company, as Lessee. The City, as Lessor, succeeded to the former Redevelopment Agency’s interest in the lease.

The Lessee has requested an amendment to extend the available lease term and adjust the rent terms. The proposed amendment would make the following modifications to the Agreement:
• Term: Add five (5) additional successive renewal terms of five (5) years each, which extend automatically unless the Lessee notifies the City of its intent not to renew. The first additional renewal term under Agreement No. 26–54 would commence February 15, 2030, upon expiration of the renewal term expiring February 14, 2030.
• Rent: Increase the monthly rent payable to the City from $3,200 per month to $3,700 upon full execution, and, beginning February 15, 2027, and each anniversary thereafter, apply a three percent (3%) annual increase. Rent escalations arising prior to February 15, 2027, are unaffected. • One–Time Payment: Provide a one–time payment of $25,000 to the City upon full execution of the amendment.
• Notices: Update the City’s contact under Section 18(d) of the Agreement.

Except for the additional renewal terms, the immediate rent increase with future escalations, and the one–time payment, all other aspects of the original agreement shall remain in full force and effect.

MONTCLAIR CITY COUNCIL MEETING – 08/03/2026 Page 25 of 77 FISCAL IMPACT: Proposed Agreement No. 26–54 is revenue–positive to the City. Upon full execution, the City would receive a one–time payment of $25,000, and an additional $500 per month in rental payments, with three percent (3%) annual rent escalations effective February 15, 2027. Lease revenue is received by the City as Lessor and deposited in accordance with the City’s accounting for this former redevelopment– related asset. The principal financial terms are summarized below.

New Lease Terms Amount
One–time payment upon execution $25,000.00
New monthly rent upon execution $3,700.00
New annualized rent $44,400.00
Rent escalation effective 2/15/2027 3.0% Annually
Renewal term Five (5) terms of five (5) years
RECOMMENDATION: Staff recommends that the City Council approve Agreement No. 26–54, Amendment No. 1 to Agreement No. 99–75 with SBA 2012 TC Assets, LLC for the lease of a wireless communications site (CA45496–A) at Freedom Plaza, subject to any revisions deemed necessary by the City Attorney.

MONTCLAIR CITY COUNCIL MEETING – 08/03/2026 Page 26 of 77 Agreement No. 26-54
Amending Agreement No. 99-75
00834024 - v1 1 of 6
Site ID: CA45496-A/Montclair Plaza

AMENDMENT TO COMMUNICATIONS SITE LEASE AGREEMENT (GROUND)

THIS AMENDMENT TO COMMUNICATIONS SITE LEASE AGREEMENT
(GROUND) (“Amendment”) is executed this 3 day of August, 2026 (“Effective Date”) by and between CITY OF MONTCLAIR, a California municipal corporation, having an address at 5111 Benito Street, Montclair, CA 91763 (“Lessor”) and SBA 2012 TC ASSETS, LLC, a Delaware limited liability company, having a principal office located at 8051 Congress Avenue, Boca Raton, Florida 33487 (“Lessee”).

WHEREAS, City of Montclair Redevelopment Agency, a public body, corporate and politc, predecessor in interest to Lessor, and Nextel of California, Inc., a Delaware corporation d/b/a Nextel Communications, entered into that certain Communications Site Lease Agreement (Ground) dated October 6, 1999 (Agreement No. 99-75), as evidenced by that certain Memorandum of Agreement dated February 15, 2000, recorded October 17, 2001, as Document No. 20010472228, of the Official Records of San Bernardino County, California, as amended from time to time (collectively, “Agreement”) and assigned to Lessee, successor by merger to TowerCo Assets LLC, a Delaware limited liability company, f/k/a Tower Entity 7 LLC, a Delaware limited liability company, as evidenced by that certain Assignment and Assumption of Ground Lease dated September 23, 2008, recorded January 26, 2009, as Document No. 20090032532, of the Official Records of San Bernardino County, California, for Lessee’s use of a portion of the real property (“Premises”), said real property being located in the City of Montclair, County of San Bernardino, State of California, and being more particularly described in the attached Exhibit “A” (“Land”); and
WHEREAS, Lessor and Lessee desire and intend to amend and supplement the Agreement as provided herein.

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto covenant, agree and bind themselves to the following modifications to the Agreement:

1. Section 4. Term., of the Agreement is hereby amended to include the following:

In addition to the Renewal Terms as referenced in the Agreement, the Agreement is hereby amended to include five (5) additional successive terms of five (5) years (each hereinafter referred to as an “Additional Renewal Term”). Each Additional Renewal Term shall be deemed automatically extended, unless Lessee notifies Lessor of its intention not to renew the Agreement prior to the commencement of the succeeding Additional Renewal Term.

The first Additional Renewal Term shall commence on February 15, 2030, upon the expiration of the Renewal Term expiring on February 14, 2030.

2. Section 5. Rent., of the Agreement is hereby amended to include the following:

Upon the full execution of this Amendment, Rent payable to Lessor shall be increased to the total amount of THREE THOUSAND SEVEN HUNDRED and NO/100 DOLLARS ($3,700.00) per month.

MONTCLAIR CITY COUNCIL MEETING – 08/03/2026 Page 27 of 77 Agreement No. 26-54
Amending Agreement No. 99-75
00834024 - v1 2 of 6
Site ID: CA45496-A/Montclair Plaza
Commencing on February 15, 2027, and each anniversary of such date thereafter, Rent payable to Lessor shall increase by three percent (3%).

All Rent escalations currently provided in the Agreement arising prior to February 15, 2027 shall remain unaffected by this section.

3. Section 18. Miscellaneous., subsection (d) of the Agreement is hereby amended as follows:

To Lessor: City of Montclair
Attn: Mikey Fuentes, Director of Econ Dev
P.O. Box 2308
Montclair, CA 91763-2808
To Lessee: SBA 2012 TC Assets, LLC
Attn: Site Administration
8051 Congress Avenue
Boca Raton, FL 33487
Re: CA45496-A/Montclair Plaza

4. Upon the full execution of this Amendment, Lessee shall pay to Lessor a one-time payment of TWENTY-FIVE THOUSAND and NO/100 DOLLARS ($25,000.00).

5. Capitalized terms not defined in this Amendment will have the meaning ascribed to such terms in the Agreement.

6. This Amendment will be governed by and construed and enforced in accordance with the laws of the state in which the Premises is located without regard to principles of conflicts of law.

7. Except as specifically set forth in this Amendment, the Agreement is otherwise unmodified and remains in full force and effect and is hereby ratified and reaffirmed. In the event of any inconsistencies between the Agreement and this Amendment, the terms of this Amendment shall take precedence.

8. Lessor acknowledges that the exhibits attached to the Agreement may be incomplete or contain inaccuracies and, accordingly, Lessee in its sole discretion may replace and substitute such exhibits at its cost with an accurate survey and/or legal descriptions of the Premises and re-record this Amendment with notice to Lessor. Following such rerecording, the descriptions contained therein shall serve as the descriptions for the same for all purposes under the Agreement.

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Amending Agreement No. 99-75
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Site ID: CA45496-A/Montclair Plaza

9. Lessor represents and warrants to Lessee that Lessor is the sole owner in fee simple title to the Land and Lessor’s interest under the Agreement and that consent or approval of no other person is necessary for Lessor to enter into this Amendment.

10. This Amendment may be executed in one or more counterparts, and by the different parties hereto in separate counterparts, each of which when executed shall be deemed to be an original but all of which taken together shall constitute one and the same Amendment.

11. Lessee shall have the right to record this Amendment. [The remainder of this page is intentionally left blank. Signatures to follow.] MONTCLAIR CITY COUNCIL MEETING – 08/03/2026 Page 29 of 77 Agreement No. 26-54
Amending Agreement No. 99-75
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Site ID: CA45496-A/Montclair Plaza
IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and year first above written.

Lessor Lessee
City of Montclair, a California municipal
corporation
SBA 2012 TC Assets, LLC, a Delaware
limited liability company
By: By:

Javier John Dutrey, Mayor Joshua Koenig, Executive Vice President and General Counsel
Attest:

By:

Andrea M. Myrick, City Clerk
Approved as to Form:

By:

Diane E. Robbins, City Attorney
MONTCLAIR CITY COUNCIL MEETING – 08/03/2026 Page 30 of 77 Agreement No. 26-54
Amending Agreement No. 99-75
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Site ID: CA45496-A/Montclair Plaza
EXHIBIT “A”
Legal description to be incorporated upon receipt of final survey.

Parcel No. 1:

Lot 3 Block 6 of the Monte Vista tract, in the City of Montclair, County of San Bernardino State of California, as per map recorded in Book 11 of Maps, Page 34, in the office of the County Recorder of said County, and that portion of Monte Vista Avenue, vacated adjacent to the West.

Except therefrom that portion thereof lying Northerly of the Southerly lines of the land described in the deed to the State of California, and recorded December 19, 1950, in Book 2690, Page 581 of official records.

Also excepting therefrom that portion of said land described in the deed in Frederick and Fredia Allerman, Recorded September 8, 1950, an register's document No. 38342, in the Office of the Register of Land Titles of said County, described as follows:

That portion of Lot 3, Block 6 of the Monte Vista Tract, as per map recorded in Book 11, of Maps

Page 34 ends

of the Northwest one-quarter of the Southwest one-quarter of section of section 14, Township 1 South, Range 8 West, San Bernardino Meridian described as follows:

Beginning at a point 1439.7 feet North of the Southwest corner of said Section 14, which Southwest corner is coincidental with the intersection of the center lines of San Bernardino Avenue and Monte Vista Street; thence North along the West line of said Section 14, a distance of 202.7 feet; thence East 276.0 feet; thence South 0 degrees 43 minutes West 202.7 feet thence West 273.5 feet to the point of beginning.

Also excepting therefrom, all oil, gas, minerals and other hydrocarbon substances in and under said land below a depth of 500 feet from the surface thereof, without the right of surface entry as reserved in the deed from D.S.I. Corp., a California corporation, successor by merger to Brookwood Development Corp., a California corporation, recorded February 25, 1969 in Book 7187, Page 622 of official records.

Note: The area and distances of the above-described property are computed to the centers of adjoining streets shown on said maps.

Parcel No. 2:

That portion of Lot 3, Block 6 of the Monte Vista Tract, on the County of San Bernardino, State of California, as per map recorded in Book 11 of Maps, Page 34, in the Office of the County Recorder of said County. Said property being also described as the Southwest one-quarter of the northwest one-quarter of the Southwest one-quarter of Section 14, Township 1 South, Range 8 West, San Bernardino Meridian, according to government survey, described as follows:

Beginning at a point 1439.7 feet North of the Southwest corner of said Section 14, which Southwest corner is coincidental with the intersection of the center line of San Bernardino Avenue and Monte Vista Street; thence North along the West line of said Section 14, a distance of 202.7 MONTCLAIR CITY COUNCIL MEETING – 08/03/2026 Page 31 of 77 Agreement No. 26-54
Amending Agreement No. 99-75
00834024 - v1 6 of 6
Site ID: CA45496-A/Montclair Plaza
feet; thence East 276.0 feet; thence South 0 degrees 43 minutes West 202.7 feet; thence West 273.5 feet to the point of beginning. The bearing of the West line of said Section is taken as North as a basis of bearings for this description.

Excepting therefrom that portion thereof as conveyed to the State of California for a freeway, described as follows: Beginning at the Northwest corner of that certain property. Described by deed filed as document No. 38342, in the Office of the Register of Land Titles of said County; said point; being 1.642,4 feet north of the Southwest corner of Section 14, Township 1 South, Range 8 West, San Bernardino Meridian, which Southwest corner is coincidental with the intersection of the center lines of San Bernardino Avenue and Monte Vista Street; thence along the North line of said property North 89 degrees 52 minutes 17 seconds East (Record East), 276.00 feet to the Northeast corner of said property; thence along the East line of said property. South 0 degrees 34 minutes 40 seconds West (Record South 0 degrees 43 minutes West) 60.52 feet to a point in a nontangent curve concave Northwesterly having a radius of 5,112 feet; thence along said non-tangent curve, from a tangent bearing South 72 degrees 53 minutes 01 seconds West North 0 degrees 07 minutes 43 seconds (record North), 136.27 feet to the point of beginning. The bearing of the West line of said section is taken as North for a basis of bearings for establishing said point of beginning.

Also excepting therefrom all oil, gas, minerals and other hydrocarbon substances in and under said land below a depth of 500 feet from the surface thereof, without the right of surface entry as reserved in the deal from D.S.I. Corp., a California corporation, successor by merger to Brookwood Development Corp., a California corporation, recorded February 25, 1969 in Book 7187, Page 622 of official records.

MONTCLAIR CITY COUNCIL MEETING – 08/03/2026 Page 32 of 77

CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 3, 2026
SECTION: CONSENT - RESOLUTIONS
ITEM NO.: 1
FILE I.D.: LIT025
DEPT.: ADMIN. SVCS.

PREPARER: A. MYRICK
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 26–3529 ADOPTING A TORT LIABILITY

LEGISLATIVE AND POLITICAL PLATFORM
REASON FOR CONSIDERATION: The City Council is requested to consider adoption of Resolution No. 26–3529 adopting a tort liability legislative and political platform in response to a request from the California Insurance Pool Authority (CIPA), a risk–sharing joint powers authority with a membership of 14 municipal government agencies including the City of Montclair, in an effort to control skyrocketing tort claim damages experienced by cities over the past decade.

BACKGROUND: California public agencies have experienced significant increases in liability claims and associated litigation costs over the past several years. According to data compiled by the California Association of Joint Powers Authorities (CAJPA), liability claims against California public entities have tripled during the past seven years and are projected to continue increasing, placing additional financial pressure on local governments and risk–sharing pools. These escalating costs ultimately impact public agencies' ability to fund essential public services and infrastructure. The coalition advocating for tort reform reports that public entity liability costs now exceed $7 billion in known exposure and continue to grow at an unsustainable rate.

At its recent Board meeting, CIPA authorized participating in a statewide effort to advocate for legislative reforms intended to address increasing public entity liability costs and encouraged member agencies to adopt similar policy positions.

The proposed resolution establishes the City's legislative and political platform regarding tort liability issues. The platform is intended to guide future advocacy on legislation affecting public agency liability and includes support for reforms such as reasonable limitations on general damages, proportional liability, restoration of public agency immunities where appropriate, preservation of contractual risk transfer, and opposition to legislation or ballot measures that materially expand public agency liability.

In addition to adopting the legislative platform, the coalition known as Protecting Public Funds has requested authorization to include participating agencies' logos on future letters to the Legislature supporting tort liability reform. More than 125 California cities, counties, school districts, joint powers authorities, and other public agencies have already joined the coalition.

The proposed resolution does not advocate for any specific bill currently before the Legislature. Rather, it establishes general policy positions that may guide the City's advocacy on future legislation affecting public agency liability exposure. Adoption of the resolution also authorizes the City Manager or designee to communicate the City's positions on legislation, regulations, and coalition advocacy efforts that are consistent with the adopted platform.

MONTCLAIR CITY COUNCIL MEETING – 08/03/2026 Page 33 of 77 According to CAJPA's analysis, among nearly 2,000 participating public agencies:
• Liability claims have tripled during the past seven years and are projected to reach approximately $2.1 billion annually by 2027–28.
• The number of claims filed against California public entities has increased by 23 percent over the past decade.
• Claims exceeding $1 million have increased by 66 percent. • The average value of closed claims has more than doubled since 2018–19. • Taxpayer–funded liability claim payments have tripled over the past five years.

These trends have resulted in increasing liability insurance premiums and higher costs for public agencies participating in self–insurance and joint powers authority risk pools.

Participation in the coalition is intended to demonstrate broad support among California public agencies for legislative reforms designed to preserve taxpayer resources for essential municipal services while maintaining accountability for public entities. The coalition emphasizes that its objective is to pursue balanced reforms that protect public funds while preserving access to justice for individuals harmed by governmental negligence.

FISCAL IMPACT: There would be no direct fiscal impact associated with the City Council’s adoption of the proposed resolution or authorization to include the City's logo in coalition advocacy materials.

RECOMMENDATION: Staff recommends the City Council adopt Resolution No. 26–3529 adopting a tort liability legislative and political platform.

MONTCLAIR CITY COUNCIL MEETING – 08/03/2026 Page 34 of 77 MONTCLAIR CITY COUNCIL MEETING – 08/03/2026 Page 35 of 77 MONTCLAIR CITY COUNCIL MEETING – 08/03/2026 Page 36 of 77 Date: June 19, 2026
To: Members, California State Legislature
Urgent Need for Comprehensive Tort Reform to Protect California Taxpayers, Survivors, and Essential Public Services
On behalf of the undersigned organizations, we urge the Legislature to enact meaningful tort reform for civil actions against public entities. New data released by the California Association of Joint Powers Authorities (CAJPA) confirms what our members have been warning lawmakers about for years: public-entity liability costs have tripled in the last seven years, now exceeding $7 billion in known exposure. Costs are on pace to grow another 70 percent by 2027–28. The fiscal trajectory is unsustainable, the structure of liability is fundamentally unfair to taxpayers, and the consequences are now measured in billions of dollars diverted away from classrooms, fire stations, roads, mental health MONTCLAIR CITY COUNCIL MEETING – 08/03/2026 Page 37 of 77 services, and the essential programs Californians depend on every day.

Our organizations share a deep and unwavering commitment to ensuring that survivors of harm receive justice, support, and meaningful compensation. California’s public agencies are not asking for insulation from accountability. We do not seek to deny survivors their day in court. Instead, we seek to fix a system that, as currently structured, transfers enormous wealth to plaintiffs’ law firms and threatens the financial solvency of the very public agencies tasked with protecting and serving our vulnerable community members. The longer the Legislature waits, the more public services will be cut, the more agencies will face insolvency.

The Path Forward. We urge the Legislature to advance a comprehensive tort reform package for civil actions against public entities that, at minimum, includes the following:
• Defined benefits including caps on damages in civil actions against public entities, ensuring survivors and other injured parties are made whole while preserving the capacity to deliver essential public services. • Proportional (several) liability for economic damages in civil actions against public entities, so that taxpayers pay only for the share of harm actually attributable to the public agency. This way the perpetrators bear the cost of their own conduct and not taxpayers.
• Heightened evidentiary and procedural standards for claims where witnesses, records, and evidence archives are absent or insufficient to assign culpability.

Why are Billions of Taxpayer Dollars Being Diverted from Essential Services? AB 218 (Gonzalez, Chapter 861, Statutes of 2019) related to childhood sexual assault is one stark driver, but it is not the only one. Across the spectrum of civil litigation against public entities — from premises liability to dangerous conditions — plaintiffs’ firms are increasingly targeting governmental defendants precisely because they are perceived as having the deepest pockets. The result is an unreasonable transfer of public resources to private wealth that the Legislature has both the power and the responsibility to address
How Are Claims Against Public Entities Funded? Most cities, counties, special districts, and school districts in California do not purchase liability coverage from traditional commercial insurance carriers because it is either too expensive, does not provide sufficient coverage, or is simply not offered. Instead, they self-fund their liability coverage or they collectively pool risk through Joint Powers Authorities (JPAs), which are not insurance companies with large capital reserves. Every self-funded claim, including those paid out of a JPA, comes from taxpayer-funded member contributions paid by cities, counties, schools, and other public agencies from the same general fund dollars that pay for police officers, firefighters, teachers, road crews, and homelessness response.

When a JPA pays out claims of magnitude, every member agency in that pool feels it MONTCLAIR CITY COUNCIL MEETING – 08/03/2026 Page 38 of 77 through higher premiums, the potential need for special assessments, reduced coverage limits, and/or increasingly, the inability to obtain coverage at all. Public agencies that have never had a single AB 218 claim filed against them are facing double-digit premium increases. For schools, this means Proposition 98 education dollars intended to support today’s students are paying for decades-old liabilities. Even for cities and counties that have few claims filed against them it means delaying critical infrastructure maintenance and reducing local government’s ability to provide social-safety-net services to the most vulnerable Californians.

Plaintiffs’ Attorneys Are on Track to Profit Over Half a Billion Taxpayer Dollars Every Year. In civil actions against public entities, plaintiffs’ counsel commonly recover contingency fees of 40 percent or more of the gross judgment or settlement. Even using a conservative 30 percent contingency assumption, estimated plaintiff attorney fees in actions against California public entities have climbed to over $500 million annually. In many individual cases, attorney fees approach 50 percent of the taxpayer-funded settlement or award. That means that for every $10 million paid by a city, county, JPA, or school district, as much as $4 to $5 million is paid to a private law firm. It does not go to the survivor, nor does it go to mental health services, prevention or victim assistance, or back to the taxpayers who funded the payment. Plaintiffs’ firms are, in many cases, the single largest beneficiaries of the current system.

Caps on Damages Are Essential to Preserve Public Services and Solvency.

Support for meaningful tort reform must include caps on damages in actions against public entities. Without such caps, the cascading effects of recent legislation will only worsen, and the very real threat of insolvency among California’s public agencies, already materializing in some regions, will only accelerate. California already imposes reasonable limits in medical malpractice cases under MICRA, recognizing the public interest in such restrictions. The same principle should apply when taxpayer dollars are the source of the payment.

Public Entities Should Pay in Proportion to Their Actual Fault — Not for the Crimes of Others. Under California’s current liability structure, a public entity found just one percent at fault can be ordered to pay the entirety of a plaintiff’s economic damages — even when the overwhelming majority of fault lies with a criminal actor who has no assets to satisfy a judgment.

The result is morally indefensible: perpetrators escape financial accountability for their conduct, while taxpayers — through their cities, counties, transit agencies, and school districts — are forced to pay for the harm that resulted. It allows perpetrators to walk away while public services are gutted to satisfy awards for conduct the public entity did not commit. The Legislature must restore proportional (several) liability for economic damages in actions against public entities, so that they are responsible only for the share of harm attributable to the public agency’s own conduct.

Survivors Deserve Their Day in Court, and Public Entities Deserve a Meaningful Opportunity to Defend. Restoring balance to AB 218 claims involving decades-old conduct does not require closing the courthouse door to survivors. Rather, it requires recognizing that, after decades have passed, the records and witnesses needed to fairly MONTCLAIR CITY COUNCIL MEETING – 08/03/2026 Page 39 of 77 adjudicate a claim are often incomplete or simply gone. For claims involving conduct that occurred decades ago, we urge the Legislature to restore balance by reinstating a prior-knowledge requirement, paired with a clear-and-convincing-evidence standard.

Prior to AB 218, California law permitted survivors to bring claims against public entities outside the statute of limitations, when a plaintiff could show the entity "knew or had reason to know, or was otherwise on notice, of any unlawful sexual conduct" by the perpetrator and failed to implement reasonable safeguards. That framework provided a meaningful path to justice for survivors with evidence of institutional culpability while also protecting taxpayers from liability for conduct the public entity had no realistic means to anticipate, prevent, or now defend against.

Our coalition stands ready to work with the Legislature, the Administration, and the survivor community to craft a balanced, durable solution so that necessary action can be taken now. Detailed findings and supporting data are available in CAJPA’s recent report, Protecting Public Funds: The Rising Cost of Claims Against California Public Entities. Please do not hesitate to contact us with questions or to discuss specific legislative vehicles.

Sincerely,
California Association of Joint Powers Authorities (CAJPA) California School Boards Association (CSBA)
California Association of School Business Officials (CASBO) Los Angeles Unified School District (LAUSD)
Association of California School Administrators (ACSA)
The Rural County Representatives of California (RCRC)
California Association of Recreation and Park Districts (CARPD) California Special Districts Association (CSDA)
League of California Cities
City of Eastvale
City of Bakersfield
City of Blythe
City of Calimesa
City of Cloverdale
City of Chico
City of Cotati
City of Corona
City of El Segundo
City of Fort Bragg
City of Highland
City of Eureka
City of Rancho Cucamonga
City of Riverside
City of Lake Elsinore
City of Fairfield
City of Dunsmuir
MONTCLAIR CITY COUNCIL MEETING – 08/03/2026 Page 40 of 77 City of Upland
City of Oroville
City of Menifee
City of Vacaville
City of St. Helena
City of Placerville
City of Shasta Lake
City of Mt. Shasta
City of Marysville, Yuba County
City of Colton
City of Jurupa Valley
City of Rancho Cordova
City of Folsom
City of Paramount
City of South Gate
City of Citrus Heights
City of Stanton
City of Elk Grove
City of Perris
City of Roseville
City of Petaluma
City of Whittier
City of Yreka
City of Weed
City of Willows
City of Walnut Creek
City of Lake Port
City of La Mesa
City of Murrieta
City of Tehama
La Mesa Spring Valley Schools
City of Live Oak
City of La Mirada
City of Bellflower
Hope School District
Merced County
Northern California Schools Insurance Group
ABC Unified School District
Wheatland Union High School District
Brett Harte Union High School District
Sebastopol Charter
Redwood Empire Schools Insurance Group (RESIG)
NorCal Cities Self-Insurance Fund
Lemon Grove School District
Natomas Charter School
Sonoma Charter School
MONTCLAIR CITY COUNCIL MEETING – 08/03/2026 Page 41 of 77 Santa Rosa City Schools
Huntington Beach City School District
Kern County Superintendent of Schools (KCSOS)
Sebastopol Independent Charter School
Palo Verde Valley Transit Agency (PVVTA)
Schools Excess Liability Fund (SELF)
Butte Schools Self-Funded Programs
Hermosa Beach City School District
Oroville Union High School District
Schools Insurance Authority (SIA)
Schools Insurance Group
Tuolumne JPA
San Marcos Unified School District
Sierra Sands Unified School District
Tulare Joint Union High School District
Desert Sands Unified School District
Golden State Risk Management Authority
County of Inyo
County of Kings
County of Solano
County of Siskiyou
Trindel Risk Management for Rural Counties
Central Region School Insurance Group
West Covina Unified School District
California Association of Suburban School Districts
Poway Unified School Districts
Torrance Unified School Districts
Lindsay Unified School Districts
Bennett Valley Union School District
Special District Risk Management Authority
Oroville City Elementary School District
Buckeye Union School District
Southern California Regional Liability Excess Fund (SCR) Northern California Regional Liability Excess Fund (NCR) Schools Association For Excess Risk (SAFER)
Cajon Valley Union School District
Redondo Beach Unified School District
Corona Norco Unified School District
Irvine Unified School District
East Side Union High School District
North Coast Schools Insurance Group
Alameda County Schools Insurance Group
Town of Truckee
City of Grass Valley
Central Fire District, Santa Cruz County
Beta Healthcare Group
MONTCLAIR CITY COUNCIL MEETING – 08/03/2026 Page 42 of 77 School & College Legal Services of California
Sebastopol Independent Charter School
Wright Elementary School District
Sonoma County Office of Education
California Affiliated Risk Management Authorities (CARMA) Employment Risk Management Authority (ERMA)
California LULAC (League of United Latin American Citizens) California Intergovernmental Risk Authority (CIRA)
California Joint Powers Risk Management Authority (CJPRMA) MONTCLAIR CITY COUNCIL MEETING – 08/03/2026 Page 43 of 77 NEW REPORT: Updated Data Shows Significant, Ongoing Impact to Public Entity Budgets Due to Lawsuits, Draining Taxpayer Dollars to Enrich Attorneys SACRAMENTO – An updated report from the California Association of Joint Powers Authorities (CAJPA) reveals that lawsuits against public entities — including schools, cities, and counties — are skyrocketing in cost, shifting billions in taxpayer dollars away from classrooms, community safety, infrastructure, and other vital services.

The new analysis, covering claims data through June 30, 2025, shows an alarming rise in the frequency, size, and duration of liability claims across California. With conversations currently underway in Sacramento regarding reforms, we present this data and urge the legislature to deliver relief to public entities and restore balance in the insurance market.

Among the key findings:

1. BILLIONS OF TAXPAYER DOLLARS ARE GOING TO FUND PUBLIC LIABILITY.

Liability costs are continuing to explode, and billions more are on the table. Total taxpayer dollars used to fund claims tripled from roughly $392M to over $1.22B between 2017–18 and 2024–25. The growth curve is steep and still accelerating. Costs, funded by taxpayer dollars, are projected to increase another ~70% by 2027–28. The number of large claims is still growing, and many remain unresolved, meaning these numbers will only get higher. This data does not include LAUSD and LA County information, which to date, is upwards of $6B, bringing the currently known liability costs to well over $7B, and rising.

MONTCLAIR CITY COUNCIL MEETING – 08/03/2026 Page 44 of 77

2. PUBLIC LIABILITY LITIGATION IS ENRICHING TRIAL ATTORNEYS, WHO

ARE PROJECTED TO PROFIT OVER HALF A BILLION DOLLARS NEXT YEAR.

Hundreds of millions of taxpayer dollars are flowing annually to plaintiff attorneys, and public entities are left absorbing the impact. Estimated plaintiff attorney fees (conservatively assuming ~30% contingency) have climbed rapidly, reaching over $500M annually in projected payments. However, some attorney fees are nearly 50% of taxpayer funded settlements and awards. These legal costs are rising alongside settlement totals—not separately.

Settlement growth is directly increasing legal fee payouts and pressure on public funding streams. The average size of closed claims that are more than $0 has more than doubled (2.2x) from 2017-18 to 2024-2025.

3. PUBLICLY FINANCED LIABILITY DRAINS GENERAL FUND DOLLARS, IMPACTING CALIFORNIA’S MOST VULNERABLE COMMUNITIES.

Public entities are being mined for taxpayer dollars, draining much needed resources from the social safety net and classrooms today. From 2015-16 to 2024-25, taxpayer dollars used per year to resolve Sexual Abuse and Molestation (SAM) claims has increased more than sixfold. For schools, this means today’s Proposition 98 education dollars are paying decades-old liabilities. For cities and counties, it means delaying important infrastructure maintenance and reducing local government’s ability to provide social safety net services.

MONTCLAIR CITY COUNCIL MEETING – 08/03/2026 Page 45 of 77 Continuing our advocacy for statewide action to reform the liability system and prevent long-term damage to California’s public institutions, CAJPA and its members are calling for urgent reforms.

About CAJPA
The California Association of Joint Powers Authorities represents public risk-sharing pools across the state. Our members work to protect the safety and health of our employees and the public while preserving taxpayer funds and maintaining the delivery of essential public services. Most public agencies manage their liability and risk obligations through joint powers authorities: not-for-profit risk pools funded entirely by local government contributions. These pools are not insurance companies with substantial capital reserves.

For the full new report, click here: Protecting Public Funds: The Rising Cost of Claims against California Public Entities.

MONTCLAIR CITY COUNCIL MEETING – 08/03/2026 Page 46 of 77 Data valued as of 6/30/2025
Updated 4/6/2026
Protecting Public Funds
Protecting Public Funds
Type of organization
Organizations
N that exist
in California
N (%) 2025
1985/1986 to
2024/2025
N (%) 2025
2015/2016 to
2024/2025 N (%) 2024
County 58 50 (86%) 50 (86%) 49 (84%)
Municipality 483 418 (86%) 416 (86%) 311 (64%)
School district* 936 601 (64%) 350 (37%) 300 (32%)
Other education** 233 134 137
Other agencies*** 688 581 489
Total 1,979 1,531 1,286
Datasets were provided by
more pools in 2025 than in
2024, and more years of
data were provided,
resulting in a greater
number of organizations
represented.
*These numbers represent current school districts that were named. One pool covering educational organizations submitted data without member names; some district names represented districts that no longer exist.
**This includes charter schools, universities, colleges, college districts, offices of education, etc. ***This includes county fairs, water districts, community service districts, parks and recreation agencies, transportation agencies, cemetery districts, vector control districts, etc.

MONTCLAIR CITY COUNCIL MEETING – 08/03/2026 Page 47 of 77 Protecting Public Funds
While about 98% of claims
that occurred between
2015-16 and 2019-20 are
closed, only 43.5% of
claims in 2024-25 are
closed.

On average, it takes about
17 months to close a
claim. However, it takes
almost 6 years on average
for large claims (over $1
million) to close.
18,163
21,736
18,272
19,850
17,211
15,224
17,801
26,062
24,118
17,204
0%
100%
0 5,000
10,000
15,000
20,000
25,000
Total
occurrences
Percent that have closed
by 6/30/2025
Participating California Public Entities
By Program Year Date of Loss
Valued as of 6/30/2025
Protecting Public Funds

0.0% 0.3%

2.0%

7.1%

29.6%

40.4%

10.0%10.6%
0%
10%
20%
30%
40%
50%
0-2
months
3-5
months
6-11
months
12-23
months
24-47
months
48-83
months
84-119
months
120+
months

8.4%

16.9%

35.0%

22.8%

10.4%

4.1%

1.2% 1.3%
0%
10%
20%
30%
40%
50%
0-2
months
3-5
months
6-11
months
12-23
months
24-47
months
48-83
months
84-119
months
120+
months
While 61% of large
occurrences took 4 or
more years to close
Due to the time it
takes for claims to
resolve, the
taxpayer amount
spent on liability
claims will
continue to grow
until all claims in
that period are
closed.

Percent of all occurrences
by months to close
Percent of large ($1M+) occurrences
by months to close
Among occurrences closed in
the last 10 years, about 7%
took 4 or more years to close
MONTCLAIR CITY COUNCIL MEETING – 08/03/2026 Page 48 of 77 Protecting Public Funds

58.5%

39.8%

1.2% 0.5%
0%
20%
40%
60%
80%
100%
$0 $1-
$249,999
$250,000-
$999,999
$1,000,000+

0.0%

20.6% 19.6%

59.8%
0%
20%
40%
60%
80%
100%
$0 $1-
$249,999
$250,000-
$999,999
$1,000,000+
In the last 10 years,
large losses
(occurrences of
$1M or more) make
up less than 1% of
the claims, but,
represent 60% of
claim funds spent
using taxpayer
dollars.

Percent of occurrences by size Percent of dollars by size Large occurrences ($1M+)
account for less than 1% of the
total number of claims
HOWEVER, large occurrences
($1M+) account for 60% of the
dollars of claims
Protecting Public Funds
The number of large claims ($1M or
more) are increasing at an alarming
rate.

Between 2014-2015 and 2021-2022,
the number of large claims
increased by 66%.

Even by program year 2021-2022,
only 23.9% of the large claims have
closed.

A conservative forecast was made
for the number of large claims that
may develop. This forecast was
made using the percent of total
claims that will be large.

0.0%
105
126
116
134
147
137
163
148
113
29 147 145
169
225
210
187
0%
100%
200%
0 50
100
150
200
Total large occurrences
Percent that have closed
by 6/30/2025
Participating California Public Entities
By Program Year Date of Loss
Valued as of 6/30/2025
Forecast
MONTCLAIR CITY COUNCIL MEETING – 08/03/2026 Page 49 of 77 Protecting Public Funds
Taxpayer dollars being used
to fund claims made against
public entities are increasing
rapidly, nearly tripling (2.8x)
from 2017-2018 to
2024-2025, and are
projected to increase
another 65% from current
levels by 2027-2028.
$451M $442M
$527M $507M
$775M $759M
$1.10B
$1.27B
$1.50B
$1.78B
$2.10B
$442M
$527M $507M
$759M
$1.27B
$1.50B
$1.78B
19,518
18,588
19,945
18,555 18,125
20,873
26,982 26,402
0 5 ,0 0 0
1 0 ,0 0 0
1 5 ,0 0 0
2 0 ,0 0 0
2 5 ,0 0 0
3 0 ,0 0 0
$ 0
$ 2 5 0
$ 5 0 0
$ 7 5 0
$ 1 ,0 0 0
$ 1 ,2 5 0
$ 1 ,5 0 0
$ 1 ,7 5 0
$ 2 ,0 0 0
$ 2 ,2 5 0
Actual= Predicted with AR(1) model= Number of claims closed = (first-order autoregressive)
Participating California Public Entities
By Program Year Date Closed
Valued as of 6/30/2025
Protecting Public Funds
Taxpayer dollars being used
to fund large claims ($1M+)
made against public entities
are increasing rapidly, more
than tripling (3.4x) from
2017-2018 to 2024-2025,
and are projected to
increase another 79% from
current levels by 2027-2028.
$257M $249M $276M $264M
$487M $479M
$756M
$878M
$1.07B
$1.29B
$1.57B
$276M $264M
$479M
$878M
$1.07B
$1.29B
83 85
102
88 129
111
169
241
0 5 0
1 0 0
1 5 0
2 0 0
2 5 0
$ 0
$ 2 5 0
$ 5 0 0
$ 7 5 0
$ 1 ,0 0 0
$ 1 ,2 5 0
$ 1 ,5 0 0
Actual= Predicted with AR(1) model= Number of Claims Closed with (first-order autoregressive) Dates of loss 2014-2015 or later Participating California Public Entities
By Program Year Date Closed
Valued as of 6/30/2025
MONTCLAIR CITY COUNCIL MEETING – 08/03/2026 Page 50 of 77 Protecting Public Funds
The average size of closed
claims that are more than $0
has more than doubled
(2.1x) from 2017-2018 to
2024-2025.

If increases were only due to
inflation, the average claim
size of $54,781 in 2017-2018
would be $70,314 in
2024-2025.
$55K $54K $54K $59K
$84K $83K
$99K
$115K
$129K
$146K
$164K
$54K $59K
$83K
$99K
$115K
$129K
$146K
$ 0 $ 3 6 0
$ 7 2 0 $ 1 ,0 8 0 $ 1 ,4 4 0
$ 1 ,8 0 0
$ 2 ,1 6 0 $ 2 ,5 2 0
$ 2 ,8 8 0 $ 3 ,2 4 0
$ 3 ,6 0 0
$ 3 ,9 6 0 $ 4 ,3 2 0
$ 4 ,6 8 0
$ 5 ,0 4 0 $ 5 ,4 0 0
$ 5 ,7 6 0
$ 6 ,1 2 0 $ 6 ,4 8 0
$ 6 ,8 4 0 $ 7 ,2 0 0
$ 7 ,5 6 0
$ 7 ,9 2 0 $ 8 ,2 8 0
$ 8 ,6 4 0
$ 9 ,0 0 0 $ 9 ,3 6 0
$ 9 ,7 2 0 $ 1 0 ,0 8 0 $ 1 0 ,4 4 0
$ 1 0 ,8 0 0
$ 1 1 ,1 6 0 $ 1 1 ,5 2 0
$ 1 1 ,8 8 0 $ 1 2 ,2 4 0
$ 1 2 ,6 0 0
$ 1 2 ,9 6 0 $ 1 3 ,3 2 0
$ 1 3 ,6 8 0
$ 1 4 ,0 4 0 $ 1 4 ,4 0 0
$ 1 4 ,7 6 0
$ 1 5 ,1 2 0 $ 1 5 ,4 8 0
$ 1 5 ,8 4 0 $ 1 6 ,2 0 0
$ 1 6 ,5 6 0
$ 1 6 ,9 2 0 $ 1 7 ,2 8 0
$ 1 7 ,6 4 0
$ 1 8 ,0 0 0 $ 1 8 ,3 6 0
$ 1 8 ,7 2 0
$ 1 9 ,0 8 0 $ 1 9 ,4 4 0
$ 1 9 ,8 0 0 $ 2 0 ,1 6 0
$ 2 0 ,5 2 0
$ 2 0 ,8 8 0 $ 2 1 ,2 4 0
$ 2 1 ,6 0 0
$ 2 1 ,9 6 0 $ 2 2 ,3 2 0
$ 2 2 ,6 8 0
$ 2 3 ,0 4 0 $ 2 3 ,4 0 0
$ 2 3 ,7 6 0
$ 2 4 ,1 2 0 $ 2 4 ,4 8 0
$ 2 4 ,8 4 0 $ 2 5 ,2 0 0
$ 2 5 ,5 6 0
$ 2 5 ,9 2 0 $ 2 6 ,2 8 0
$ 2 6 ,6 4 0
$ 2 7 ,0 0 0 $ 2 7 ,3 6 0
$ 2 7 ,7 2 0
$ 2 8 ,0 8 0 $ 2 8 ,4 4 0
$ 2 8 ,8 0 0 $ 2 9 ,1 6 0
$ 2 9 ,5 2 0
$ 2 9 ,8 8 0 $ 3 0 ,2 4 0
$ 3 0 ,6 0 0
$ 3 0 ,9 6 0 $ 3 1 ,3 2 0
$ 3 1 ,6 8 0
$ 3 2 ,0 4 0 $ 3 2 ,4 0 0
$ 3 2 ,7 6 0 $ 3 3 ,1 2 0
$ 3 3 ,4 8 0
$ 3 3 ,8 4 0 $ 3 4 ,2 0 0
$ 3 4 ,5 6 0
$ 3 4 ,9 2 0 $ 3 5 ,2 8 0
$ 3 5 ,6 4 0
$ 3 6 ,0 0 0 $ 3 6 ,3 6 0
$ 3 6 ,7 2 0
$ 3 7 ,0 8 0 $ 3 7 ,4 4 0
$ 3 7 ,8 0 0 $ 3 8 ,1 6 0
$ 3 8 ,5 2 0
$ 3 8 ,8 8 0 $ 3 9 ,2 4 0
$ 3 9 ,6 0 0
$ 3 9 ,9 6 0 $ 4 0 ,3 2 0
$ 4 0 ,6 8 0
$ 4 1 ,0 4 0 $ 4 1 ,4 0 0
$ 4 1 ,7 6 0 $ 4 2 ,1 2 0
$ 4 2 ,4 8 0
$ 4 2 ,8 4 0 $ 4 3 ,2 0 0
$ 4 3 ,5 6 0
$ 4 3 ,9 2 0 $ 4 4 ,2 8 0
$ 4 4 ,6 4 0
$ 4 5 ,0 0 0 $ 4 5 ,3 6 0
$ 4 5 ,7 2 0
$ 4 6 ,0 8 0 $ 4 6 ,4 4 0
$ 4 6 ,8 0 0 $ 4 7 ,1 6 0
$ 4 7 ,5 2 0
$ 4 7 ,8 8 0 $ 4 8 ,2 4 0
$ 4 8 ,6 0 0
$ 4 8 ,9 6 0 $ 4 9 ,3 2 0
$ 4 9 ,6 8 0
$ 5 0 ,0 4 0 $ 5 0 ,4 0 0
$ 5 0 ,7 6 0 $ 5 1 ,1 2 0
$ 5 1 ,4 8 0
$ 5 1 ,8 4 0 $ 5 2 ,2 0 0
$ 5 2 ,5 6 0
$ 5 2 ,9 2 0 $ 5 3 ,2 8 0
$ 5 3 ,6 4 0
$ 5 4 ,0 0 0 $ 5 4 ,3 6 0
$ 5 4 ,7 2 0 $ 5 5 ,0 8 0
$ 5 5 ,4 4 0
$ 5 5 ,8 0 0 $ 5 6 ,1 6 0
$ 5 6 ,5 2 0
$ 5 6 ,8 8 0 $ 5 7 ,2 4 0
$ 5 7 ,6 0 0
$ 5 7 ,9 6 0 $ 5 8 ,3 2 0
$ 5 8 ,6 8 0
$ 5 9 ,0 4 0 $ 5 9 ,4 0 0
$ 5 9 ,7 6 0 $ 6 0 ,1 2 0
$ 6 0 ,4 8 0
$ 6 0 ,8 4 0 $ 6 1 ,2 0 0
$ 6 1 ,5 6 0
$ 6 1 ,9 2 0 $ 6 2 ,2 8 0
$ 6 2 ,6 4 0
$ 6 3 ,0 0 0 $ 6 3 ,3 6 0
$ 6 3 ,7 2 0 $ 6 4 ,0 8 0
$ 6 4 ,4 4 0
$ 6 4 ,8 0 0 $ 6 5 ,1 6 0
$ 6 5 ,5 2 0
$ 6 5 ,8 8 0 $ 6 6 ,2 4 0
$ 6 6 ,6 0 0
$ 6 6 ,9 6 0 $ 6 7 ,3 2 0
$ 6 7 ,6 8 0 $ 6 8 ,0 4 0
$ 6 8 ,4 0 0
$ 6 8 ,7 6 0 $ 6 9 ,1 2 0
$ 6 9 ,4 8 0
$ 6 9 ,8 4 0 $ 7 0 ,2 0 0
$ 7 0 ,5 6 0
$ 7 0 ,9 2 0 $ 7 1 ,2 8 0
$ 7 1 ,6 4 0
$ 7 2 ,0 0 0 $ 7 2 ,3 6 0
$ 7 2 ,7 2 0 $ 7 3 ,0 8 0
$ 7 3 ,4 4 0
$ 7 3 ,8 0 0 $ 7 4 ,1 6 0
$ 7 4 ,5 2 0
$ 7 4 ,8 8 0 $ 7 5 ,2 4 0
$ 7 5 ,6 0 0
$ 7 5 ,9 6 0 $ 7 6 ,3 2 0
$ 7 6 ,6 8 0 $ 7 7 ,0 4 0
$ 7 7 ,4 0 0
$ 7 7 ,7 6 0 $ 7 8 ,1 2 0
$ 7 8 ,4 8 0
$ 7 8 ,8 4 0 $ 7 9 ,2 0 0
$ 7 9 ,5 6 0
$ 7 9 ,9 2 0 $ 8 0 ,2 8 0
$ 8 0 ,6 4 0 $ 8 1 ,0 0 0
$ 8 1 ,3 6 0
$ 8 1 ,7 2 0 $ 8 2 ,0 8 0
$ 8 2 ,4 4 0
$ 8 2 ,8 0 0 $ 8 3 ,1 6 0
$ 8 3 ,5 2 0
$ 8 3 ,8 8 0 $ 8 4 ,2 4 0
$ 8 4 ,6 0 0
$ 8 4 ,9 6 0 $ 8 5 ,3 2 0
$ 8 5 ,6 8 0 $ 8 6 ,0 4 0
$ 8 6 ,4 0 0
$ 8 6 ,7 6 0 $ 8 7 ,1 2 0
$ 8 7 ,4 8 0
$ 8 7 ,8 4 0 $ 8 8 ,2 0 0
$ 8 8 ,5 6 0
$ 8 8 ,9 2 0 $ 8 9 ,2 8 0
$ 8 9 ,6 4 0 $ 9 0 ,0 0 0
$ 9 0 ,3 6 0
$ 9 0 ,7 2 0 $ 9 1 ,0 8 0
$ 9 1 ,4 4 0
$ 9 1 ,8 0 0 $ 9 2 ,1 6 0
$ 9 2 ,5 2 0
$ 9 2 ,8 8 0 $ 9 3 ,2 4 0
$ 9 3 ,6 0 0 $ 9 3 ,9 6 0
$ 9 4 ,3 2 0
$ 9 4 ,6 8 0 $ 9 5 ,0 4 0
$ 9 5 ,4 0 0
$ 9 5 ,7 6 0 $ 9 6 ,1 2 0
$ 9 6 ,4 8 0
$ 9 6 ,8 4 0 $ 9 7 ,2 0 0
$ 9 7 ,5 6 0
$ 9 7 ,9 2 0 $ 9 8 ,2 8 0
$ 9 8 ,6 4 0 $ 9 9 ,0 0 0
$ 9 9 ,3 6 0
$ 9 9 ,7 2 0 $ 1 0 0, 0 8 0
$ 1 0 0, 4 4 0
$ 1 0 0, 8 0 0 $ 1 0 1, 1 6 0
$ 1 0 1, 5 2 0
$ 1 0 1, 8 8 0 $ 1 0 2, 2 4 0
$ 1 0 2, 6 0 0 $ 1 0 2, 9 6 0
$ 1 0 3, 3 2 0
$ 1 0 3, 6 8 0 $ 1 0 4, 0 4 0
$ 1 0 4, 4 0 0
$ 1 0 4, 7 6 0 $ 1 0 5, 1 2 0
$ 1 0 5, 4 8 0
$ 1 0 5, 8 4 0 $ 1 0 6, 2 0 0
$ 1 0 6, 5 6 0
$ 1 0 6, 9 2 0 $ 1 0 7, 2 8 0
$ 1 0 7, 6 4 0 $ 1 0 8, 0 0 0
$ 1 0 8, 3 6 0
$ 1 0 8, 7 2 0 $ 1 0 9, 0 8 0
$ 1 0 9, 4 4 0
$ 1 0 9, 8 0 0 $ 1 1 0, 1 6 0
$ 1 1 0, 5 2 0
$ 1 1 0, 8 8 0 $ 1 1 1, 2 4 0
$ 1 1 1, 6 0 0 $ 1 1 1, 9 6 0
$ 1 1 2, 3 2 0
$ 1 1 2, 6 8 0 $ 1 1 3, 0 4 0
$ 1 1 3, 4 0 0
$ 1 1 3, 7 6 0 $ 1 1 4, 1 2 0
$ 1 1 4, 4 8 0
$ 1 1 4, 8 4 0 $ 1 1 5, 2 0 0
$ 1 1 5, 5 6 0 $ 1 1 5, 9 2 0
$ 1 1 6, 2 8 0
$ 1 1 6, 6 4 0 $ 1 1 7, 0 0 0
$ 1 1 7, 3 6 0
$ 1 1 7, 7 2 0 $ 1 1 8, 0 8 0
$ 1 1 8, 4 4 0
$ 1 1 8, 8 0 0 $ 1 1 9, 1 6 0
$ 1 1 9, 5 2 0
$ 1 1 9, 8 8 0 $ 1 2 0, 2 4 0
$ 1 2 0, 6 0 0 $ 1 2 0, 9 6 0
$ 1 2 1, 3 2 0
$ 1 2 1, 6 8 0 $ 1 2 2, 0 4 0
$ 1 2 2, 4 0 0
$ 1 2 2, 7 6 0 $ 1 2 3, 1 2 0
$ 1 2 3, 4 8 0
$ 1 2 3, 8 4 0 $ 1 2 4, 2 0 0
$ 1 2 4, 5 6 0 $ 1 2 4, 9 2 0
$ 1 2 5, 2 8 0
$ 1 2 5, 6 4 0 $ 1 2 6, 0 0 0
$ 1 2 6, 3 6 0
$ 1 2 6, 7 2 0 $ 1 2 7, 0 8 0
$ 1 2 7, 4 4 0
$ 1 2 7, 8 0 0 $ 1 2 8, 1 6 0
$ 1 2 8, 5 2 0 $ 1 2 8, 8 8 0
$ 1 2 9, 2 4 0
$ 1 2 9, 6 0 0 $ 1 2 9, 9 6 0
$ 1 3 0, 3 2 0
$ 1 3 0, 6 8 0 $ 1 3 1, 0 4 0
$ 1 3 1, 4 0 0
$ 1 3 1, 7 6 0 $ 1 3 2, 1 2 0
$ 1 3 2, 4 8 0
$ 1 3 2, 8 4 0 $ 1 3 3, 2 0 0
$ 1 3 3, 5 6 0 $ 1 3 3, 9 2 0
$ 1 3 4, 2 8 0
$ 1 3 4, 6 4 0 $ 1 3 5, 0 0 0
$ 1 3 5, 3 6 0
$ 1 3 5, 7 2 0 $ 1 3 6, 0 8 0
$ 1 3 6, 4 4 0
$ 1 3 6, 8 0 0 $ 1 3 7, 1 6 0
$ 1 3 7, 5 2 0 $ 1 3 7, 8 8 0
$ 1 3 8, 2 4 0
$ 1 3 8, 6 0 0 $ 1 3 8, 9 6 0
$ 1 3 9, 3 2 0
$ 1 3 9, 6 8 0 $ 1 4 0, 0 4 0
$ 1 4 0, 4 0 0
$ 1 4 0, 7 6 0 $ 1 4 1, 1 2 0
$ 1 4 1, 4 8 0 $ 1 4 1, 8 4 0
$ 1 4 2, 2 0 0
$ 1 4 2, 5 6 0 $ 1 4 2, 9 2 0
$ 1 4 3, 2 8 0
$ 1 4 3, 6 4 0 $ 1 4 4, 0 0 0
$ 1 4 4, 3 6 0
$ 1 4 4, 7 2 0 $ 1 4 5, 0 8 0
$ 1 4 5, 4 4 0
$ 1 4 5, 8 0 0 $ 1 4 6, 1 6 0
$ 1 4 6, 5 2 0 $ 1 4 6, 8 8 0
$ 1 4 7, 2 4 0
$ 1 4 7, 6 0 0 $ 1 4 7, 9 6 0
$ 1 4 8, 3 2 0
$ 1 4 8, 6 8 0 $ 1 4 9, 0 4 0
$ 1 4 9, 4 0 0
$ 1 4 9, 7 6 0 $ 1 5 0, 1 2 0
$ 1 5 0, 4 8 0 $ 1 5 0, 8 4 0
$ 1 5 1, 2 0 0
$ 1 5 1, 5 6 0 $ 1 5 1, 9 2 0
$ 1 5 2, 2 8 0
$ 1 5 2, 6 4 0 $ 1 5 3, 0 0 0
$ 1 5 3, 3 6 0
$ 1 5 3, 7 2 0 $ 1 5 4, 0 8 0
$ 1 5 4, 4 4 0 $ 1 5 4, 8 0 0
$ 1 5 5, 1 6 0
$ 1 5 5, 5 2 0 $ 1 5 5, 8 8 0
$ 1 5 6, 2 4 0
$ 1 5 6, 6 0 0 $ 1 5 6, 9 6 0
$ 1 5 7, 3 2 0
$ 1 5 7, 6 8 0 $ 1 5 8, 0 4 0
$ 1 5 8, 4 0 0
$ 1 5 8, 7 6 0 $ 1 5 9, 1 2 0
$ 1 5 9, 4 8 0 $ 1 5 9, 8 4 0
$ 1 6 0, 2 0 0
$ 1 6 0, 5 6 0 $ 1 6 0, 9 2 0
$ 1 6 1, 2 8 0
$ 1 6 1, 6 4 0 $ 1 6 2, 0 0 0
$ 1 6 2, 3 6 0
$ 1 6 2, 7 2 0 $ 1 6 3, 0 8 0
$ 1 6 3, 4 4 0 $ 1 6 3, 8 0 0
$ 1 6 4, 1 6 0
$ 1 6 4, 5 2 0 $ 1 6 4, 8 8 0
$ 1 6 5, 2 4 0
$ 1 6 5, 6 0 0 $ 1 6 5, 9 6 0
$ 1 6 6, 3 2 0
$ 1 6 6, 6 8 0 $ 1 6 7, 0 4 0
$ 1 6 7, 4 0 0
$ 1 6 7, 7 6 0 $ 1 6 8, 1 2 0
$ 1 6 8, 4 8 0 $ 1 6 8, 8 4 0
$ 1 6 9, 2 0 0
$ 1 6 9, 5 6 0 $ 1 6 9, 9 2 0
$ 1 7 0, 2 8 0
$ 1 7 0, 6 4 0 $ 1 7 1, 0 0 0
$ 1 7 1, 3 6 0
$ 1 7 1, 7 2 0 $ 1 7 2, 0 8 0
$ 1 7 2, 4 4 0 $ 1 7 2, 8 0 0
$ 1 7 3, 1 6 0
$ 1 7 3, 5 2 0 $ 1 7 3, 8 8 0
$ 1 7 4, 2 4 0
$ 1 7 4, 6 0 0 $ 1 7 4, 9 6 0
$ 1 7 5, 3 2 0
$ 1 7 5, 6 8 0 $ 1 7 6, 0 4 0
$ 1 7 6, 4 0 0 $ 1 7 6, 7 6 0
$ 1 7 7, 1 2 0
$ 1 7 7, 4 8 0 $ 1 7 7, 8 4 0
$ 1 7 8, 2 0 0
$ 1 7 8, 5 6 0 $ 1 7 8, 9 2 0
$ 1 7 9, 2 8 0
$ 1 7 9, 6 4 0 $ 1 8 0, 0 0 0
Actual= Predicted with AR(1) (first-order autoregressive) model= Participating California Public Entities
By Program Year Close Date
Valued as of 6/30/2025
Protecting Public Funds
The amount of taxpayer
money being paid to plaintiff
attorneys to resolve claims
against public entities is also
increasing exponentially,
with particularly large
increases in 2023-2024.

Note: This assumes plaintiff attorney fees
account for 30% of the total settlement.

Standard legal fees range from 30% to
50%, however, CAJPA is using the
conservative end of the range.
$72M $72M
$103M $95M
$143M
$166M
$261M
$299M
$370M
$458M
$568M
$72M
$95M
$143M
$166M
$299M
$370M
$458M
$ 0
$ 2 5 0
$ 5 0 0
Actual= Predicted with AR(1) (first-order autoregressive) model= Participating California Public Entities
By Program Year Date Closed
Valued as of 6/30/2025
MONTCLAIR CITY COUNCIL MEETING – 08/03/2026 Page 51 of 77 Protecting Public Funds
Sexual Abuse and
Molestation (SAM) claims
have increased nearly
fivefold (4.8x) for schools or
school districts from
2015-2016 to 2024-2025.
. 99 112
130
95 101 102
184
233
325
479
184
233
325
74 89 93
61 59 68
144
167
248
364
74 167
248
0 100
200
300
400
500
All organizations
Education organizations
Participating California Public Entities
By Program Year Date Closed
Valued as of 6/30/2025
Protecting Public Funds
$21M
$27M $24M
$14M
$6M
$18M
$13M
$47M
$98M
$132M
$6M
$18M
$47M
$5M
$24M
$17M
$11M $2M $11M $3M
$43M
$62M
$88M
$11M $2M
$13M
$43M
$62M
$88M
$0
$10
$20
$30
$40
$50
$60
$70
$80
$90
$100
$110
$120
$130
$140
All organizations
Education organizations
Participating California Public Entities
By Program Year Date Closed
Valued as of 6/30/2025
From 2015-2016 to
2024-2025, taxpayer dollars
used per year to resolve SAM
claims has increased more
than sixfold.

The amount of taxpayer
money used to resolve SAM
claims increased enormously
after 2021-2022.

MONTCLAIR CITY COUNCIL MEETING – 08/03/2026 Page 52 of 77 Protecting Public Funds
In addition to the escalating
loss payments, public
entities are struggling to find
insurance coverage.

The premiums are escalating
at an unsustainable pace,
forcing many agencies to
self-insure to $5M or more. $115M $133M $136M $150M
$215M
$275M
$310M
$374M
$456M
$541M
$625M
$740M
$876M
$1.04B
$136M $150M
$215M
$310M
$374M
$456M
$541M
$625M
$740M
$876M
$1.04B
$ 0
$ 2 5 0
$ 5 0 0
$ 7 5 0
$ 1 ,0 0 0
Actual= Predicted with AR(1) (first-order autoregressive) model= Participating California Public Entities
Reinsurance/Excess Insurance Premiums
By Program Year
Protecting Public Funds
At least one closed claim of more than $1 million in last 10 years No closed claims of more than $1 million in last 10 years Not in dataset, or no closed claims for 7 or fewer of the last 10 years Many California
Communities have
seen a closed claim of
more than $1 million at
least once in the last 10
years.

Municipal governments
County governments
MONTCLAIR CITY COUNCIL MEETING – 08/03/2026 Page 53 of 77 Protecting Public Funds
$6
$8
$7
$8
$13
$8
$14
$17
$19
$21
$24
$7
$8
$ 0
Actual= Predicted with AR(1) (first-order autoregressive) model= Participating California Public Entities: Counties
By Program Year Date Closed
Valued as of 6/30/2025
The total dollars of closed claims for
counties represents about $17 per
county resident in 2024-2025. This is
more than double (2.8x) what had
been observed in 2017-2018, and is
projected to increase another 40% by
2027-2028.

Public libraries in California spend an
average of $4.49 per resident annually
on collections, including books and
other materials. The increase in
liability claim costs alone is more than
double this amount on a per-resident
basis.

Protecting Public Funds
$15
$12
$15 $15
$20
$23
$28
$32
$36
$42
$47
$12
$15 $15
$20
$23
$ 0
Actual= Predicted with AR(1) (first-order autoregressive) model= Participating California Public Entities: Cities
By Program Year Date Closed
Valued as of 6/30/2025
For cities, the total dollars of closed
claims represents about $32 per city
resident in 2024-2025. This is about
double than what had been observed
in 2017-2018, and is projected to
increase another 48% by 2027-2028.

A 2021 benchmarking study found
that solid waste services cost an
average of $47.55 per resident per
year, suggesting that the increase in
liability claim payments could cover
approximately 4 months of solid
waste operations.

MONTCLAIR CITY COUNCIL MEETING – 08/03/2026 Page 54 of 77 Protecting Public Funds
$21 $23 $23
$28
$42 $44
$63
$75
$92
$112
$137
$23
$28
$44
$92
$112
$ 0
Actual= Predicted with AR(1) (first-order autoregressive) model= Participating California Public Entities: School Districts By Program Year Date Closed
Valued as of 6/30/2025
For school districts, the total dollars of
closed claims represents about $75
per pupil (ADA) in 2024-2025. This is
about triple what had been observed
in 2017-2018, and is projected to
nearly double (1.8x) by 2027-2028.

School libraries spend about $12 per
student annually on library resources
such as books and digital media,
about the amount closed claim dollars
increased in one year from 2023-2024
to 2024-2025.

Protecting Public Funds
The total dollars, of only
closed claims, represents
the following percent of tax
revenue in 2023-24:

Counties: 0.4%
Municipalities: 0.9%
School districts: 1%

0.41%

0.90%

0.98%
$ 0
Counties Municipalities School Districts
Participating California Public Entities
By Program Year Date Closed
Valued as of 6/30/2025
MONTCLAIR CITY COUNCIL MEETING – 08/03/2026 Page 55 of 77 Protecting Public Funds
18,163
21,736
18,272
19,850
17,211
15,224
17,801
26,062
24,118
17,204
24,142
21,192
0%
100%
0 5,000
10,000
15,000
20,000
25,000
Total
occurrences
Percent that have closed
by 6/30/2025
Participating California Public Entities
By Program Year Date of Loss
Valued as of 6/30/2025
While about 98% of claims Forecast
that occurred between
2015-16 and 2019-20 are
closed, only 43.5% of
claims in 2024-25 are
closed.

On average, it takes about
17 months to close a
claim. However, it takes
almost 6 years on average
for large claims (over $1
million) to close.

MONTCLAIR CITY COUNCIL MEETING – 08/03/2026 Page 56 of 77 Resolution No. 26–3529 Page 1 of 2
RESOLUTION NO. 26–3529

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF MONTCLAIR ADOPTING A TORT LIABILITY

LEGISLATIVE AND POLITICAL PLATFORM
WHEREAS, the City Council of the City of Montclair desires to establish a formal policy framework to guide its tort liability advocacy efforts at the local, regional, state, and federal levels; and
WHEREAS, liability claims continue to negatively impact the ability of California public agencies to provide valuable services to their constituents, and large losses are driving the cost of risk, straining insurance markets, and placing some public agencies at risk of financial insolvency; and
WHEREAS, public resources intended for essential community services— including fire protection, police services, parks, libraries, classrooms, infrastructure, and social safety net programs—should be preserved for those intended purposes rather than diverted to cover escalating tort claim payments and litigation costs; and WHEREAS, claims against California public entities are escalating both in frequency and settlement claim values at an unsustainable pace; and WHEREAS, over the last five years, liability claims the City of Montclair has incurred have increased tenfold while revenues have increased by only 15 percent; and WHEREAS, the City of Montclair’s liability insurance premiums have almost doubled in the past five years, far outpacing inflation; and WHEREAS, the City of Montclair’s retained limit (aka deductible) is $500,000 for each and every occurrence it experiences; and WHEREAS, the City Council finds that adopting a clear tort liability legislative and political platform will help protect public funds, restore and preserve appropriate public agency immunities and risk–transfer tools, and provide timely direction for advocacy on legislation affecting public agency liability exposure,

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 a substantive part of this Resolution.

Section 2. Adoption of the Legislative Platform. The City Council hereby adopts this Tort Liability Legislative and Political Platform.

Section 3. Platform Positions. Advocacy efforts by the City of Montclair shall be guided by the following tort liability legislative and political positions:
 Maximum limitations on general damages: Support legislation establishing reasonable maximum limitations on general damages in actions against public agencies.
 Joint liability reform: Support eliminating joint liability as it applies to economic damages.
 Proportional liability: Support legislation that recognizes each party responsible for harm should bear liability in proportion to their actual share of fault.  Actual medical expenses as proof of damages: Support establishing the use of actual medical expenses incurred as proof for general as well as special damages.  Collateral source reform: Support restricting or eliminating the application of the rule against collateral sources as a means of reducing damages.  Restoration of immunities: Support legislation restoring immunities from tort claims that have been restricted or eliminated by legislation or judicial decisions, and oppose measures that further erode such immunities.

MONTCLAIR CITY COUNCIL MEETING – 08/03/2026 Page 57 of 77 Resolution No. 26–3529 Page 2 of 2
 Contractual risk transfer: Support maintaining, to the extent it exists, and regaining, where it has been eliminated, the right of public agencies to contractually transfer the risk of loss.
 Automobile monetary responsibility: Support increasing minimum automobile insurance limits to levels commensurate with the financial responsibility associated with vehicle use.
 Periodic payments: Support enhancing the ability of public agencies to satisfy judgments through periodic payments where appropriate.
 Protection of public funds: Support reforms that address excessive statutes of limitation, expanded categories of damages, and other liability cost drivers that strain taxpayer resources otherwise available for essential public services.  Opposition to unfunded liability expansions: Oppose legislation, ballot measures, or legal changes that materially expand tort exposure, restrict existing defenses or immunities, or impair a public agency’s ability to prudently manage and finance risk.

Section 4. Authority to Act. The City Manager, or their designee, is authorized to communicate the City of Montclair’s positions on legislation, regulations, coalition letters, and related advocacy matters consistent with this Resolution and the adopted tort liability legislative and political platform, including taking support or opposition positions when timely action is necessary to protect public funds and preserve essential public services, and authorizing the use of the City’s name and logo on relevant communications by tort reform legislation advocacy coalitions.

Section 5. Annual Review. The City Council may review and update this Legislative Platform annually to reflect changing circumstances and new legislative priorities.

Section 6. Effective Date. This Resolution shall take effect 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. 26–3529 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 – 08/03/2026 Page 58 of 77

CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 3, 2026
SECTION: CONSENT - RESOLUTIONS
ITEM NO.: 2
FILE I.D.: CFD050
DEPT.: ECONOMIC DEV.

PREPARER: M. FUENTES
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 26–3530 LEVYING SPECIAL TAXES ON THE FY 2026–27 COUNTY OF SAN BERNARDINO PROPERTY TAX ROLL FOR

MONTCLAIR COMMUNITY FACILITIES DISTRICTS AND TAKING OTHER ACTIONS

RELATED THERETO
REASON FOR CONSIDERATION: The City Council is requested to consider adoption of Resolution No. 26–3530 levying special taxes on the FY 2026–27 County of San Bernardino Property Tax Roll for Montclair Community Facilities Districts and taking other actions related thereto.

A copy of proposed Resolution No. 26–3530 is attached for City Council review and consideration.

BACKGROUND: The County of San Bernardino Auditor–Controller/Treasurer/Tax Collector’s office recently rejected the City’s annual enrollment of its four community facilities districts (CFDs) to be included on the Fiscal Year 2026–27 property tax roll. The County cited that the CFDs’ authorizing resolutions and/or ordinances must include specific language directing/authorizing:
• The Auditor–Controller/Treasurer/Tax Collector to place the charges on the current tax roll; and
• The total amount of the charges, including any applicable County administrative or processing fees. Specifically, the resolution or ordinance should clearly state whether those fees are included in the total charge amount or handled separately.

The City is already required to complete an annual direct charge agreement with the County each year for the annual enrollment. The agreement includes the terms sought above and has historically been accepted by the County since the City created its first CFD in 2011 without issue. This year, the County is requiring additional content to be added directly to the authorizing resolution or ordinance in addition to the annual direct charge agreement. Adoption of the proposed resolution satisfies the County’s request.

FISCAL IMPACT: Adoption of Resolution No. 26–3530 authorizes the County of San Bernardino to enroll the special taxes of the City’s four CFDs on the County’s annual property tax roll for Fiscal Year 2026–27. Without this Resolution, the County will not accept the enrollment and the City would be forced to directly bill each property owner subject to their respective CFD’s special taxes. Additionally, the City would need to track all payments received and delinquent property owners, rather than relying on the County to track such payments and delinquencies. The administrative costs for such actions would exceed the costs imposed by the County for the annual enrollment, resulting in increased administrative costs to the City.

RECOMMENDATION: Staff recommends the City Council adopt Resolution No. 26–3530 to levy special taxes on the FY 2026–27 County Property Tax Roll for Montclair Community Facilities Districts and take other actions related thereto.

MONTCLAIR CITY COUNCIL MEETING – 08/03/2026 Page 59 of 77 Resolution No. 26–3530 Page 1 of 9
RESOLUTION NO. 26–3530

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MONTCLAIR, CALIFORNIA, WITH RESPECT TO LEVYING

SPECIAL TAXES TO BE COLLECTED ON THE COUNTY
PROPERTY TAX ROLL FISCAL YEAR 2026–27 FOR THE CITY

OF MONTCLAIR COMMUNITY FACILITIES DISTRICTS AND

TAKING OTHER ACTIONS RELATED THERETO
WHEREAS, it is necessary that the City Council (the “City Council”) of the City of Montclair (the “City”) levy special taxes pursuant to Sections 53340 and 53358 of the Government Code for the payment of (a) the annual costs of the maintenance of certain public improvements and facilities of the community facilities districts of the City of Montclair, County of San Bernardino, State of California (the “Districts”) further identified in Exhibit “A” attached hereto; (b) the annual costs of public safety services including fire protection and suppression services and police protection services; and (c) the administrative expenses incurred in connection with the levy and collection of said special taxes of the Districts; and
WHEREAS, pursuant to Section 53340 of the Government Code, the City Council may by resolution provide for the levy of special taxes on parcels of taxable property in the Districts at a rate provided by ordinance or at a lower rate; and WHEREAS, the City Council has previously levied special taxes on parcels of taxable property in the Districts by ordinance, and the rates of the special taxes that will be levied on such parcels for Fiscal Year 2026–27 will not exceed the rates of the special taxes that have previously been levied by ordinance.

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. Levy of Special Taxes. Special taxes shall be and are hereby levied for Fiscal Year 2026–27 on all parcels of real property within the Districts which are subject to taxation, which are identified in Exhibit “A” attached hereto, and in the amount set forth for each parcel of such Districts identified in Exhibit “B” attached hereto.

Pursuant to Sections 53340 and 53358 of the Government Code, such 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.

Section 3. Transmittal to County. The City Clerk, or designee thereof, shall immediately following adoption of this Resolution transmit a copy hereof to the County of San Bernardino Auditor–Controller/Treasurer/Tax Collector together with a request that the special taxes as levied hereby be collected on the tax bills for the parcels identified in Exhibit “B” hereto, along with the ordinary ad valorem property taxes to be levied on and collected from the owners of said parcels.

Section 4. Direction to County. The County of San Bernardino Auditor– Controller/Treasurer/Tax Collector is hereby directed to place the special taxes identified in Exhibit “B” attached hereto on the Fiscal Year 2026–27 property tax roll along with the ordinary ad valorem property taxes.

Section 5. County Charges. The City hereby authorizes the total amount of the charge, which includes applicable County of San Bernardino administrative and processing fees, to be placed on the San Bernardino County Auditor– Controller/Treasurer/Tax Collector annual tax roll and collected in the same manner as ordinary property taxes.

Section 6. 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 7. Effective Date. This Resolution shall become effective immediately upon its adoption.

MONTCLAIR CITY COUNCIL MEETING – 08/03/2026 Page 60 of 77 Resolution No. 26–3530 Page 2 of 9
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. 26–3530 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 – 08/03/2026 Page 61 of 77 Resolution No. 26–3530 Page 3 of 9
EXHIBIT “A”

COMMUNITY FACILITIES DISTRICTS OF THE

CITY OF MONTCLAIR

1. City of Montclair Community Facilities District No. 2011–1, County of San Bernardino, State of California

2. City of Montclair Community Facilities District No. 2011–2, County of San Bernardino, State of California

3. City of Montclair Community Facilities District No. 2025–1 (The Village at Montclair), County of San Bernardino, State of California

4. City of Montclair Community Facilities District No. 2025–2 (Alexan Kendry Expansion), County of San Bernardino, State of California
MONTCLAIR CITY COUNCIL MEETING – 08/03/2026 Page 62 of 77 Resolution No. 26–3530 Page 4 of 9
EXHIBIT “B”
Appendix A
City of Montclair CFD No. 2011–1
Fiscal Year 2026–2027 Special Tax Roll
Assessor's Parcel Number No. of Units Special Tax A Special Tax B Total 1008–011–24–0000 23 $7,025.12 $2,420.40 $9,445.52
1008–011–31–0000 68 $22,995.56 $7,922.52 $30,918.08
1008–011–32–0000 38 $12,915.92 $4,449.84 $17,365.76
1008–011–33–0000 63 $17,802.60 $6,133.72 $23,936.32
1008–161–27–0000 27 $9,163.32 $3,157.00 $12,320.32
1008–161–28–0000 27 $9,163.32 $3,157.00 $12,320.32
1008–161–29–0000 27 $9,163.32 $3,157.00 $12,320.32
1008–161–30–0000 27 $9,163.32 $3,157.00 $12,320.32
1008–161–31–0000 27 $9,163.32 $3,157.00 $12,320.32
1008–161–32–0000 27 $9,163.32 $3,157.00 $12,320.32
1008–161–33–0000 27 $9,163.32 $3,157.00 $12,320.32
1008–161–34–0000 27 $9,163.32 $3,157.00 $12,320.32
1009–021–27–0000 44 $13,439.36 $4,630.56 $18,069.92
1009–021–28–0000 132 $40,318.08 $13,891.68 $54,209.76
1009–021–30–0000 35 $10,952.24 $3,773.56 $14,725.80
Total FY 2026–2027 Special Tax 619 $198,755.44 $68,478.28 $267,233.72 Total Number of Parcels Taxed 15 15
MONTCLAIR CITY COUNCIL MEETING – 08/03/2026 Page 63 of 77 Resolution No. 26–3530 Page 5 of 9
EXHIBIT “B”
Appendix B
City of Montclair CFD No. 2011–2
Fiscal Year 2026–2027 Special Tax Roll
Assessor's Parcel Number No. of Units Special Tax A Special Tax B Total 1007–701–10–0000 1 $531.62 $161.64 $693.26
1007–701–11–0000 1 $531.62 $161.64 $693.26
1007–701–12–0000 1 $531.62 $161.64 $693.26
1007–701–13–0000 1 $531.62 $161.64 $693.26
1007–701–14–0000 1 $531.62 $161.64 $693.26
1007–701–15–0000 1 $531.62 $161.64 $693.26
1007–701–16–0000 1 $531.62 $161.64 $693.26
1007–701–17–0000 1 $531.62 $161.64 $693.26
1007–701–18–0000 1 $531.62 $161.64 $693.26
1007–701–19–0000 1 $531.62 $161.64 $693.26
1007–701–20–0000 1 $531.62 $161.64 $693.26
1007–701–21–0000 1 $531.62 $161.64 $693.26
1007–701–22–0000 1 $531.62 $161.64 $693.26
1007–701–23–0000 1 $531.62 $161.64 $693.26
1007–701–24–0000 1 $531.62 $161.64 $693.26
1007–701–25–0000 1 $531.62 $161.64 $693.26
1007–701–26–0000 1 $531.62 $161.64 $693.26
1007–701–27–0000 1 $531.62 $161.64 $693.26
1007–701–28–0000 1 $531.62 $161.64 $693.26
1007–701–29–0000 1 $531.62 $161.64 $693.26
1007–701–30–0000 1 $531.62 $161.64 $693.26
1007–701–31–0000 1 $531.62 $161.64 $693.26
1007–701–32–0000 1 $531.62 $161.64 $693.26
1007–701–33–0000 1 $531.62 $161.64 $693.26
1007–701–34–0000 1 $531.62 $161.64 $693.26
1007–701–35–0000 1 $531.62 $161.64 $693.26
1007–701–36–0000 1 $531.62 $161.64 $693.26
1007–701–37–0000 1 $531.62 $161.64 $693.26
1007–701–38–0000 1 $531.62 $161.64 $693.26
1007–701–39–0000 1 $531.62 $161.64 $693.26
1007–751–02–0000 1 $376.60 $114.48 $491.08
1007–751–03–0000 1 $487.34 $148.16 $635.50
1007–751–04–0000 1 $487.34 $148.16 $635.50
1007–751–05–0000 1 $487.34 $148.16 $635.50
1007–751–06–0000 1 $376.60 $114.48 $491.08
1007–751–07–0000 1 $376.60 $114.48 $491.08
1007–751–08–0000 1 $376.60 $114.48 $491.08
1007–751–09–0000 1 $376.60 $114.48 $491.08
1007–751–10–0000 1 $487.34 $148.16 $635.50
1007–751–11–0000 1 $487.34 $148.16 $635.50
1007–751–12–0000 1 $487.34 $148.16 $635.50
1007–751–13–0000 1 $376.60 $114.48 $491.08
1007–751–14–0000 1 $376.60 $114.48 $491.08
1007–751–15–0000 1 $376.60 $114.48 $491.08
1007–751–16–0000 1 $487.34 $148.16 $635.50
1007–751–17–0000 1 $487.34 $148.16 $635.50
MONTCLAIR CITY COUNCIL MEETING – 08/03/2026 Page 64 of 77 Resolution No. 26–3530 Page 6 of 9
EXHIBIT “B”
Appendix B
City of Montclair CFD No. 2011–2
Fiscal Year 2026–2027 Special Tax Roll
Assessor's Parcel Number No. of Units Special Tax A Special Tax B Total 1007–751–18–0000 1 $487.34 $148.16 $635.50
1007–751–19–0000 1 $376.60 $114.48 $491.08
1007–751–20–0000 1 $376.60 $114.48 $491.08
1007–751–21–0000 1 $376.60 $114.48 $491.08
1007–751–22–0000 1 $487.34 $148.16 $635.50
1007–751–23–0000 1 $487.34 $148.16 $635.50
1007–751–24–0000 1 $487.34 $148.16 $635.50
1007–751–25–0000 1 $376.60 $114.48 $491.08
1007–751–27–0000 1 $376.60 $114.48 $491.08
1007–751–28–0000 1 $376.60 $114.48 $491.08
1007–751–29–0000 1 $487.34 $148.16 $635.50
1007–751–30–0000 1 $487.34 $148.16 $635.50
1007–751–31–0000 1 $487.34 $148.16 $635.50
1007–751–32–0000 1 $376.60 $114.48 $491.08
1007–751–33–0000 1 $376.60 $114.48 $491.08
1007–751–34–0000 1 $487.34 $148.16 $635.50
1007–751–35–0000 1 $487.34 $148.16 $635.50
1007–751–36–0000 1 $487.34 $148.16 $635.50
1007–751–37–0000 1 $376.60 $114.48 $491.08
1007–751–38–0000 1 $376.60 $114.48 $491.08
1007–752–01–0000 1 $376.60 $114.48 $491.08
1007–752–02–0000 1 $487.34 $148.16 $635.50
1007–752–03–0000 1 $487.34 $148.16 $635.50
1007–752–04–0000 1 $376.60 $114.48 $491.08
1007–752–05–0000 1 $487.34 $148.16 $635.50
1007–752–06–0000 1 $487.34 $148.16 $635.50
1007–752–07–0000 1 $487.34 $148.16 $635.50
1007–752–08–0000 1 $487.34 $148.16 $635.50
1007–752–09–0000 1 $376.60 $114.48 $491.08
1007–752–10–0000 1 $487.34 $148.16 $635.50
1007–752–11–0000 1 $376.60 $114.48 $491.08
1007–752–12–0000 1 $376.60 $114.48 $491.08
1007–752–13–0000 1 $376.60 $114.48 $491.08
1007–752–14–0000 1 $487.34 $148.16 $635.50
1007–752–15–0000 1 $487.34 $148.16 $635.50
1007–752–16–0000 1 $487.34 $148.16 $635.50
1007–752–17–0000 1 $376.60 $114.48 $491.08
1007–752–18–0000 1 $376.60 $114.48 $491.08
1007–752–19–0000 1 $376.60 $114.48 $491.08
1007–752–20–0000 1 $376.60 $114.48 $491.08
1007–752–21–0000 1 $487.34 $148.16 $635.50
1007–752–22–0000 1 $487.34 $148.16 $635.50
1007–752–23–0000 1 $487.34 $148.16 $635.50
1007–752–24–0000 1 $376.60 $114.48 $491.08
1007–752–25–0000 1 $487.34 $148.16 $635.50
1007–752–26–0000 1 $376.60 $114.48 $491.08
MONTCLAIR CITY COUNCIL MEETING – 08/03/2026 Page 65 of 77 Resolution No. 26–3530 Page 7 of 9
EXHIBIT “B”
Appendix B
City of Montclair CFD No. 2011–2
Fiscal Year 2026–2027 Special Tax Roll
Assessor's Parcel Number No. of Units Special Tax A Special Tax B Total 1007–752–27–0000 1 $376.60 $114.48 $491.08
1007–752–28–0000 1 $376.60 $114.48 $491.08
1007–752–29–0000 1 $376.60 $114.48 $491.08
1007–752–30–0000 1 $487.34 $148.16 $635.50
1007–752–31–0000 1 $487.34 $148.16 $635.50
1007–752–32–0000 1 $487.34 $148.16 $635.50
1007–752–33–0000 1 $376.60 $114.48 $491.08
1007–752–34–0000 1 $487.34 $148.16 $635.50
1007–752–35–0000 1 $376.60 $114.48 $491.08
1007–752–36–0000 1 $376.60 $114.48 $491.08
1007–752–37–0000 1 $376.60 $114.48 $491.08
1007–752–38–0000 1 $376.60 $114.48 $491.08
1007–752–39–0000 1 $487.34 $148.16 $635.50
1007–752–40–0000 1 $376.60 $114.48 $491.08
1007–752–41–0000 1 $487.34 $148.16 $635.50
1007–752–42–0000 1 $487.34 $148.16 $635.50
1007–752–43–0000 1 $487.34 $148.16 $635.50
1007–752–44–0000 1 $376.60 $114.48 $491.08
1007–752–45–0000 1 $376.60 $114.48 $491.08
1007–752–46–0000 1 $376.60 $114.48 $491.08
1007–752–47–0000 1 $487.34 $148.16 $635.50
1007–752–48–0000 1 $487.34 $148.16 $635.50
1007–752–49–0000 1 $487.34 $148.16 $635.50
1007–752–50–0000 1 $376.60 $114.48 $491.08
1007–752–51–0000 1 $376.60 $114.48 $491.08
1007–752–52–0000 1 $376.60 $114.48 $491.08
1007–752–53–0000 1 $376.60 $114.48 $491.08
1007–752–54–0000 1 $487.34 $148.16 $635.50
1007–752–55–0000 1 $376.60 $114.48 $491.08
1007–752–56–0000 1 $487.34 $148.16 $635.50
1007–752–57–0000 1 $487.34 $148.16 $635.50
1007–752–58–0000 1 $487.34 $148.16 $635.50
1007–752–59–0000 1 $487.34 $148.16 $635.50
1007–752–60–0000 1 $376.60 $114.48 $491.08
1007–752–61–0000 1 $487.34 $148.16 $635.50
1007–752–62–0000 1 $487.34 $148.16 $635.50
1007–752–63–0000 1 $376.60 $114.48 $491.08
Total FY 2026–2027 Special Tax 129 $58,769.00 $17,866.72 $76,635.72 Total Number of Parcels Taxed 129 129
MONTCLAIR CITY COUNCIL MEETING – 08/03/2026 Page 66 of 77 Resolution No. 26–3530 Page 8 of 9
EXHIBIT “B”
Appendix C
City of Montclair CFD No. 2025–1
Fiscal Year 2026–2027 Special Tax Roll
Assessor's Parcel Number No. of Acres Special Tax A Special Tax B Total 1007–703–01–0000 0.78 $16,237.82 $20,833.32 $37,071.14
1007–703–02–0000 0.52 $10,943.78 $14,041.02 $24,984.80
1007–703–03–0000 0.72 $14,982.30 $19,222.50 $34,204.80
1007–703–05–0000 1.35 $28,165.08 $36,136.16 $64,301.24
Total FY 2026–2027 Special Tax 3.36 $70,328.98 $90,233.00 $160,561.98 Total Number of Parcels Taxed 4 4
MONTCLAIR CITY COUNCIL MEETING – 08/03/2026 Page 67 of 77 Resolution No. 26–3530 Page 9 of 9
EXHIBIT “B”
Appendix D
City of Montclair CFD No. 2025–2
Fiscal Year 2026–2027 Special Tax Roll
Assessor's Parcel Number No. of Units Special Tax A Special Tax B Total 1009–021–33–0000 80 $11,393.60 $19,598.60 $30,992.20
1009–021–34–0000 57 $8,529.98 $14,679.86 $23,209.84
Total FY 2026–2027 Special Tax 137 $19,923.58 $34,278.46 $54,202.04 Total Number of Parcels Taxed 2 2
MONTCLAIR CITY COUNCIL MEETING – 08/03/2026 Page 68 of 77 Personnel Committee Minutes – July 20, 2026 Page 1 of 1

MINUTES OF THE MEETING OF THE MONTCLAIR

PERSONNEL COMMITTEE HELD ON MONDAY,
JULY 20, 2026, AT 6:02 P.M. IN THE CITY
ADMINISTRATIVE OFFICES, 5111 BENITO STREET,

MONTCLAIR, CALIFORNIA
I. CALL TO ORDER
Mayor Pro Tem Martinez called the meeting to order at 6:02 p.m.

II. ROLL CALL

Present: Mayor Pro Tem Martinez, Council Member Ruh, City Manager Starr, Assistant City Manager/Director of
Human Services Richter, and Human Resources Manager
Ghobrial
III. APPROVAL OF MINUTES
A. Minutes of the Regular Personnel Committee Meeting of July 6, 2026.

Moved by Council Member Ruh, seconded by Mayor Pro Tem
Martinez, and carried unanimously to approve the minutes of the Personnel Committee meeting on July 6, 2026.

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

At 6:35 p.m., the Personnel Committee returned from Closed Session.

Mayor Pro Tem Martinez stated that no announcements would be made at this time.

VI. ADJOURNMENT
At 6:35 p.m., Mayor Pro Tem Martinez adjourned the Personnel Committee.

Submitted for Personnel Committee approval,
Edward C. Starr
City Manager
MONTCLAIR CITY COUNCIL MEETING – 08/03/2026 Page 69 of 77

PENDING

MINUTES OF THE REGULAR JOINT MEETING OF THE MONTCLAIR

CITY COUNCIL, SUCCESSOR AGENCY AND MONTCLAIR HOUSING

CORPORATION BOARDS, MONTCLAIR HOUSING AUTHORITY

COMMISSION, AND MONTCLAIR COMMUNITY FOUNDATION
BOARD HELD ON MONDAY, MAY 4, 2026, AT 7:01 P.M. IN THE
CITY COUNCIL CHAMBERS, 5111 BENITO STREET, MONTCLAIR,

CALIFORNIA
I. CALL TO ORDER
Mayor/Chair Dutrey called the meeting to order at 7:01 p.m.

II. INVOCATION
Minister Paul Kielsmeier, Calvary Montclair, gave the invocation.

III. PLEDGE OF ALLEGIANCE
Mayor Pro Tem/Vice Chair Martinez led the meeting participants in the Pledge.

IV. ROLL CALL

Present: Mayor/Chair Dutrey; Mayor Pro Tem/Vice Chair Martinez; Council Members/Directors Ruh, Lopez, and Mendez
City Manager/Executive Director Starr; Assistant City Manager/ Director of Human Services Richter; Director of Finance Kulbeck; Executive Director of Engineering/Major Projects Manager Hoerning; City Attorney Robbins; City Clerk Myrick
V. PRESENTATIONS — None
VI. PUBLIC COMMENT
 Ruby Long, Senior Field Representative, Office of San Bernardino County Fourth District Supervisor Curt Hagman, announced Supervisor Hagman’s annual open house event to be held on Wednesday, May 20, at the Chino Hills District Office.
 Tenice Johnson, Executive Director, Montclair Chamber of Commerce, extended an invitation to the community for the following upcoming Chamber events:
o National Day of Prayer celebration on Thursday, May 7 in the Montclair City Hall Memorial Garden.
o Montclair Chamber’s monthly networking breakfast with guest speaker Joseph Marmolejo with MarmMedia, at the Montclair Police Department on Thursday, May 14, at 8:00 a.m.
o Festival of Hope at Alma Hofman Park, on Saturday, May 16, from 11:00 a.m. to 3:00 p.m., where there will be vendors, music, games, and giveaways.
o Annual Police Officer Recognition Luncheon on Thursday, May 28, in the Community Center from noon to 2:00 p.m.
o A free E–Waste event on Saturday and Sunday, May 30 and 31, at Alma Hofman Park from 9:00 a.m. to 2:00 p.m.
o A BizFest event in collaboration with the National Latina Businesswomen’s Association of Los Angeles on May 21 at the Azusa Green Golf Course from 5:30 p.m. to 8:30 p.m.
 Alice Garcia, resident, reported engaging with residents while circulating a petition for the recall of Council Member Lopez.  Caitlin Shaw expressed concern about immigration enforcement activity in the community and its impact on local families and students, urging the City Council to prioritize this issue.

MONTCLAIR CITY COUNCIL MEETING – 08/03/2026 Page 70 of 77

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – May 4, 2026 Page 2 of 8  Phoenix Nere concurred regarding immigration–related concerns, stated opposition to the City's use of Flock camera technology, and called for the resignation of Council Member Lopez.
 Paul Kielsmier thanked City staff for assistance with the National Day of Prayer event and announced that Calvary Montclair is partnering with the Family Research Council to launch a local chapter of “Pray, Vote, Stand,” focusing on prayer, civic engagement, and public participation from a biblical perspective, which will hold monthly meetings starting in May.

VII. PUBLIC HEARINGS — None
VIII. CONSENT CALENDAR
ACTION – Consent Calendar
ACTING: City Council
Successor Agency Board
Montclair Housing Corporation Board
Montclair Housing Authority Commissioners
Montclair Community Foundation Board
DISCUSSION Items B–3, C–1, C–6, and D–1
MOTION: Pull Items B–2 and D–2 and approve the remainder of the Consent Calendar as presented.

MADE BY:

SECOND BY:

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

NOES:

ABSTAIN:

ABSENT:

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

A. Approval of Minutes

1. Regular Joint Meeting — March 16, 2026
ACTION – Consent Calendar – Item A–1
ACTING: City Council
Successor Agency Board
Montclair Housing Corporation Board
Montclair Housing Authority Commissioners
Montclair Community Foundation Board
RESULT: Approved on Consent Calendar; Motion carried 5–0.

B. Administrative Reports

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

MONTCLAIR CITY COUNCIL MEETING – 08/03/2026 Page 71 of 77

PENDING

3. Consider Authorizing the City Manager to Award a Contract for Construction of the Arrow Highway Rehabilitation and Traffic Signal Interconnect Project
Consider Authorizing a $6,500,000 Appropriation from the Redevelopment Project Area No. III Tax Allocation Bond
Fund, 2021 Lease Revenue Bond Fund, and Sewer Fund, as
Appropriate, for Costs Related to Construction of the Project Council Member Mendez requested clarification regarding the amounts from each fund and the specific areas of the project to which they are allocated, noting the Sewer Fund can only be used for sewer upgrades.

City Manager Starr indicated that specific allocations will be determined as various aspects of various projects are finalized.

Executive Director of Engineering/Major Projects Manager Hoerning advised that sewer improvements for this project include upgrades to the sewer lines along Monte Vista Avenue from Arrow Highway north to Richton Street, and along Arrow Highway east of Monte Vista Avenue. These improvements were identified in the Sewer Master Plan and should be completed prior to any street work.

ACTION – Consent Calendar – Item B–3
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

C. Agreements

1. Consider Approval of Agreement No. 26–22 with Omnitrans to Accept a Grant Award of $147,600 to Purchase Two Vans and Vehicle Wraps for the Golden Express Senior
Transportation Program, Subject to Any Revisions Deemed Necessary by the City Attorney
Council Member Mendez and Mayor Dutrey expressed gratitude to staff for obtaining this grant for the purchase of two vans.

ACTION – Consent Calendar – Item C–1
ACTING: City Council
RESULT: Approved on Consent Calendar; Motion carried 5–0.

2. Consider Approval of Agreement No. 26–23 with Chaffey Joint Union High School District for Specialized Law
Enforcement Services at Montclair High School During Fiscal Year 2026–27, Subject to Any Revisions Deemed Necessary by the City Attorney
ACTION – Consent Calendar – Item C–2
ACTING: City Council
RESULT: Approved on Consent Calendar; Motion carried 5–0.

MONTCLAIR CITY COUNCIL MEETING – 08/03/2026 Page 72 of 77

PENDING

3. Consider Approval of Agreement No. 26–24 with Ontario– Montclair School District for Specialized Law Enforcement Services at Vernon and Serrano Middle Schools During Fiscal Year 2026–27, Subject to Any Revisions Deemed Necessary by the City Attorney
ACTION – Consent Calendar – Item C–3
ACTING: City Council
RESULT: Approved on Consent Calendar; Motion carried 5–0.

4. Consider Approval of Agreement No. 26–25 with Southern California Transcription Services for Transcription of Digital, Audio–Recorded Material for the Police Department, Subject to Any Revisions Deemed Necessary by the City Attorney
ACTION – Consent Calendar – Item C–4
ACTING: City Council
RESULT: Approved on Consent Calendar; Motion carried 5–0.

5. Consider Approving Plans and Specifications for the CDBG Alleyway Improvement Project 2026
Consider Award of Contract to Gentry Brothers, Inc. in the Amount of $129,215.00 for the Construction of the CDBG
Alleyway Improvement Project 2026
Consider Approval of Agreement No. 26–26 with Gentry
Brothers, Inc. for the Construction of the CDBG Alleyway Improvement Project 2026, Subject to Any Revisions Deemed Necessary by the City Attorney
Consider Authorizing A $25,785.00 Construction
Contingency for the CDBG Alleyway Improvement Project
2026
ACTION – Consent Calendar – Item C–5
ACTING: City Council
RESULT: Approved on Consent Calendar; Motion carried 5–0.

6. Consider Approval of Agreement No. 26–27 with Inland Valley Recovery Services to Provide Outreach, Detoxification,
Residential Treatment, and Supportive Housing Services for City of Montclair Clients Experiencing Homelessness and Substance Use Disorders, Subject to Any Revisions Deemed Necessary by the City Attorney
Mayor Dutrey noted that this program is another resource available to individuals in Montclair experiencing homelessness.

ACTION – Consent Calendar – Item C–6
ACTING: City Council
RESULT: Approved on Consent Calendar; Motion carried 5–0.

MONTCLAIR CITY COUNCIL MEETING – 08/03/2026 Page 73 of 77

PENDING

1. Consider Adoption of Resolution No. 26–3513 Adjusting the Equivalent Dwelling Unit Monthly Fee for Sewer Service
Mayor Dutrey commented on adjustments related to the Inland Empire Utilities Agency’s Regional Policy Study and noted that a new study will be conducted to provide transparency and more reliable estimates for future increases.

Council Member Lopez noted the proposed updated fee is still $0.50 lower than the maximum fee in the five–year rate caps that were previously approved by the City Council based on expected and projected increases.

ACTION – Consent Calendar – Item D–1
ACTING: City Council
RESULT: Approved on Consent Calendar; Motion carried 5–0.

IX. PULLED CONSENT CALENDAR ITEMS
B. Administrative Reports

2. Consider Declaring a Circul–Air Fire Hose Dryer as Surplus and Available for Donation to the Fire Department of
Huatabampo, Sonora in Mexico
City Manager Starr noted this item is being pulled for further review and advised it will be brought back on the next regular meeting’s agenda for City Council consideration.

D. Resolutions

2. Consider Adoption of Resolution No. 26–3514 Authorizing the Salaries and Classification Titles for City Employees on a Consolidated Salary Schedule
Council Member Mendez received clarification and assurance that the additional four positions in the agenda report are included in the salary schedule.

Council Member Lopez noted his wish to abstain on voting for the item due to insufficient time to a revision that was made to the report.

ACTION – Item D–2
ACTING: City Council
MOTION: Adopt Resolution No. 26–3514 authorizing the
salaries and classification titles for City employees
on a consolidated salary schedule.

MADE BY:

SECOND BY:

Mayor Pro Tem Martinez
Council Member Mendez
AYES:

NOES:

ABSTAIN:

ABSENT:

Mendez, Ruh, Martinez, Dutrey
None
Lopez
None
RESULT: Motion carried 4–0–1 (Lopez abstained).

MONTCLAIR CITY COUNCIL MEETING – 08/03/2026 Page 74 of 77

PENDING

1. Human Services Department — Upcoming Events & Summer Programs
Assistant City Manager/ Director of Human Services Richter made the following announcements:
 Montclair After–School Program applications are being accepted for Kinglsey and Lehigh Elementary Schools. The first session begins May 29 and ends June 18; the second session runs from July 6 to July 24. There is no cost to register students from TK to seventh grade.
 The opening of the splash pad at Alma Hofman Park kicks off the summer season on Saturday, May 23 at noon. The splash pad’s normal operating hours are noon to 6:00 p.m. daily through September 7, and through 8:00 p.m. on concert and movie nights.
 The 26th Annual Memorial Day Program will be held on
Monday, May 25, at 6:00 p.m. in the City Hall Memorial
Garden, where two new plaques will be dedicated on the
Veterans’ Memorial Wall. Light refreshments will be served after the ceremony in the Senior Center.
 The 12th Annual Country Fair Jamboree takes place on
Saturday, June 13, from noon to 6:00 p.m. at Alma Hofman Park with live entertainment, food trucks, carnival rides, and games.

B. City Attorney
City Attorney Robbin rescinded requests for the City Council to meet in closed session on the following matters listed on the agenda:

1. Two potential cases of litigation pursuant to GC §54956.9(d)(2).

2. Two potential cases of litigation pursuant to GC §54956.9(d)(4).

3. Two cases of pending litigation pursuant to GC §54956(d)(1):

Fuentes/Garcia v. Lopez, City of Montclair
Ibanez v. Montclair
She requested the City Council meet in closed session to discuss the remaining matters listed on the agenda:

3. Three cases of pending litigation pursuant to GC§54956(d)(1):

Garcia v. Montclair
Kresback v. Montclair
Mireles v. Montclair

4. Real property negotiations pursuant to GC §54956.8:

Property: APN 1008–011–17–0000
Negotiating Parties: City of Montclair and Roberts Ranch Property
City Negotiator: Edward C. Starr, City Manager
Under Negotiation: Recommendations Regarding Purchase Price Properties: APNs 1008–011–08–0000, 1008–011–09–
0000, and 1008–011–10–0000
Negotiating Parties: City of Montclair and Arthur and Olive Moore Trust
City Negotiator: Edward C. Starr, City Manager
Under Negotiation: Recommendations Regarding Purchase Price MONTCLAIR CITY COUNCIL MEETING – 08/03/2026 Page 75 of 77

PENDING

5. 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 Teamsters Local 1932 (General Employees)
Montclair Fire Fighters Association
Montclair Police Officers Association
C. City Manager/Executive Director — None
D. Mayor/Chair

1. Notice of Special Joint Meeting of the City Council and Planning Commission on Wednesday, June 3, 2026, at
5:00 p.m. in the City Council Chambers for a Workshop to Review a Proposed Draft Ordinance of Regulatory Framework for Commercial Cannabis
Mayor Dutrey called a special joint meeting of the City Council and Planning Commission to review a proposed draft Ordinance of regulatory framework for commercial cannabis on Wednesday, June 3, 2026, at 5:00 p.m. in the City Council Chambers.

2. Mayor/Chair Dutrey acknowledged several observances and holidays celebrated in the month of May. He reported attending a gubernatorial debate at Pomona College; congratulated Montclair to College graduates; recognized the Arbor Day event held at Sunset Park on April 24; announced the grand opening of Baqba Mexican Grill in Montclair; and shared insights from a recent tour of Montclair Place.

E. Council Members/Directors

1. Mayor Pro Tem/ Vice Chair Martinez congratulated Montclair to College program graduates; shared the successful Bingo Bash event hosted by the Montclair Women’s and Senior Citizens Clubs; and wished everyone a happy Mother’s Day.

2. Council Member/Director Mendez emphasized the value of the Montclair to College program, and recognized those to be honored and remembered on the upcoming Mother’s and
Memorial Days.

3. Council Member/Director Lopez explained changes to
congressional representation resulting from the state’s redistricting election; discussed the history of Mother’s Day and Cinco de Mayo; and congratulated Joshua and Clarissa on their recent marriage, extending well wishes to the McTarsney family.

4. Council Member/Director Ruh stated that work commitments would prevent him from attending the upcoming National Day of Prayer and Country Fair Jamboree events; commented on the successful Bingo Bash event; reported attending a congressional student art competition sponsored by U. S. Representatives Norma Torres and Gil Cisneros, praising the artistic talent of local students and noting the value of having their work displayed in professional galleries and in Washington, D.C.; and encouraged residents interested in adopting pets and to visit the new Animal Resource Center in Ontario, which has several senior dogs, cats, rabbits, and other animals available for adoption.

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

1. Personnel Committee — April 20, 2026
MONTCLAIR CITY COUNCIL MEETING – 08/03/2026 Page 76 of 77

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – May 4, 2026 Page 8 of 8 XI. CLOSED SESSION
At 7:44 p.m., the City Council went into closed session to discuss pending litigation, real property negotiations, and labor negotiations.

XII. CLOSED SESSION ANNOUNCEMENTS
At 8:41 p.m., the City Council returned from closed session. Mayor Dutrey announced that information was received and direction given to staff related to pending litigation, real property negotiations, and labor negotiations, and no further announcements would be made at this time.

XIII. ADJOURNMENT
At 8:41 p.m., the City Council, Successor Agency Board, Montclair Housing Corporation Board, Montclair Housing Authority Commission, and Montclair Community Foundation Board were adjourned.

Submitted for City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority
Commission/Montclair Community Foundation Board approval,

Andrea Myrick,
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 08/03/2026 Page 77 of 77

Montclair City CouncilAugust 3, 2026

Montclair City Council
August 3, 2026