Montclair City Council
August 17, 2026

CITY OF MONTCLAIR

CITY COUNCIL

SUCCESSOR REDEVELOPMENT AGENCY,

MONTCLAIR HOUSING CORPORATION,

MONTCLAIR HOUSING AUTHORITY, AND

MONTCLAIR COMMUNITY FOUNDATION

MEETINGS

AGENDA PACKET
Monday, August 17, 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 17, 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.

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MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 1 of 164 Page No.

VII. PUBLIC HEARINGS
A. First Reading — Consider Ordinance No. 26–1018 Amending the Montclair Municipal Code Related to the Compensation Schedule for Members of the City Council [CC]
Consider Setting a Public Hearing for Second Reading and to Consider Adoption of Ordinance No. 26–1018 on Tuesday, September 8, 2026, at 7:00 p.m. in the City Council Chambers [CC] 5
VIII. CONSENT CALENDAR
A. Approval of Minutes — None
B. Administrative Reports

1. Consider Receiving and Filing of Treasurer’s Report [CC] 22

2. Consider Approval and Ratification of Warrant Register and Payroll Documentation [CC] 23

3. Consider Receiving and Filing of Treasurer’s Report [SA] 24

4. Consider Approval of Warrant Register [SA] 25

5. Consider Receiving and Filing of Treasurer’s Report [MHC] 26

6. Consider Approval of Warrant Register [MHC] 27

7. Consider Receiving and Filing of Treasurer’s Report [MHA] 28

8. Consider Approval of Warrant Register [MHA] 29

9. Consider Authorizing the Implementation of a Temporary Fee–for– Service Model for Staffing Assistance with the San Bernardino County Fire Protection District to Maintain Fire Protection Services at Montclair Fire Station 152 [CC] 30

10. Consider Authorizing the Execution of an Encroachment Permit and the Conveyance of Non–Exclusive Easement Dedications to CRP/VP Montclair Village Owner, LLC, for the Maintenance of Various Private Facilities Located Within the Public Right–of–Way, Subject to Any Revisions Deemed Necessary by the City Attorney [CC]
Consider Authorizing Staff to Record the Non–Exclusive Easement Dedications with the Office of the San Bernardino County Recorder [CC] 32 C. Agreements

1. Consider Approval of Agreement Nos. 26–55, 26–56, and 26–57 with Montclair Little League and Golden Girls Softball League for Use of Ball Field Facilities at Kingsley, Saratoga, and Vernon Parks [CC] 63

2. Consider Approval of Agreement No. 26–58 with Ontario–Montclair School District for Use of Ball Field Facilities at Saratoga Park [CC] 85 MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 2 of 164 Page No.

3. Consider Approval of Agreement No. 26–59 with University Enterprises Corporation at California State University San Bernardino to Provide Technical Assistance and Outreach Services to Small Businesses, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] 91

4. Consider Approval of Agreement No. 26–60 with Van Lant & Fankhanel, LLP to Provide Accounting and Auditing Services to the City of Montclair and its Related Entities, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] 100

5. Consider Approval of Agreement No. 26–61 with Van Lant & Fankhanel, LLP, to Provide Auditing Services to the Successor Agency Related to Bond Transactions, Subject to Any Revisions Deemed Necessary by the City Attorney [SA] 126
D. Resolutions

1. Consider Adoption of Resolution No. 26–3531 Adopting the Measure I Five–Year Local Street Capital Improvement Program for Fiscal Years 2026–27 through 2030–31 [CC]
Consider Adoption of Resolution No. 26–3532 Adopting the Measure I Capital Project Needs Analysis for Fiscal Years 2026–27 through 2030– 31 [CC] 149

2. Consider Adoption of Resolution No. 26–3533 Authorizing the Submission of an Application for Grant Funds for the Beverage Container Recycling Grant Program of the Department of Resources Recycling and Recovery (CalRecycle), and Authorizing the Execution of Application– Related Documents by the City Manager or His Designee [CC] 156

3. Consider Adoption of Resolution No. 26–3534 Authorizing the Submission of an Application for Grant Funds for the Community Resilience Centers Program from the Strategic Growth Council and Authorizing the Execution of Application–Related Documents by the City Manager or His Designee [CC] 158

4. Consider Adoption of Resolution No. 26–3535 Authorizing Submission of an Application for Climate Bond Grant Funds from the Urban Greening Grant Program for the Saratoga Park Transformation Project [CC] 160 IX. PULLED CONSENT CALENDAR ITEMS
X. COMMUNICATIONS
A. Department Reports — None
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 Cases) [CC] MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 3 of 164 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

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 — August 3, 2026 [CC] 164 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 Tuesday, September 8, 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, August 6, 2026.

MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 4 of 164

CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 17, 2026
SECTION: PUBLIC HEARINGS
ITEM NO.: A
FILE I.D.: CYC200
DEPT.: CITY MGR.

PREPARER: E. STARR
SUBJECT: FIRST READING — CONSIDER ORDINANCE NO. 26–1018 AMENDING THE

MONTCLAIR MUNICIPAL CODE RELATED TO THE COMPENSATION SCHEDULE FOR

MEMBERS OF THE CITY COUNCIL

CONSIDER SETTING A PUBLIC HEARING FOR SECOND READING AND TO CONSIDER ADOPTION OF ORDINANCE NO. 26–1018 ON TUESDAY, SEPTEMBER 8, 2026, AT 7:00 P.M. IN THE CITY COUNCIL CHAMBERS
REASON FOR CONSIDERATION: Pursuant to Government Code Section 36516, as amended by Senate Bill 329 ( June 2023), compensation for city council members may be adjusted as prescribed in state law by an ordinance or by an amendment to an ordinance. Amendments to the Montclair Municipal Code require public hearing review and approval by the City Council.

The City Council is requested to consider first reading of Ordinance No. 26–1018 amending Section 2.12.050 of Chapter 2.12 of Title 2 of the Montclair Municipal Code related to the compensation schedule for members of the Montclair City Council.

A copy of proposed Ordinance No. 26–1018 is attached for City Council review and consideration, subject to final review and modification by the City Attorney.

BACKGROUND: At its meeting of March 16, 2026, the City Council adopted Resolution No. 26–3511 reaffirming the provisions and recitals of Resolution No. 22–3344, including but no limited to, City Council disapproval and censuring of certain conduct and behavior by Councilmember Benjamin Lopez (“Lopez”, “Defendant Lopez” or “Cross– Defendant Lopez”) and re–ratifying the protection actions taken by the City Manager and, further, expanding on Resolution No. 22–3344 by directing that certain restrictions and administrative/economic sanctions be taken against Councilmember Lopez.

The censure action was taken after certain employees of the City (the “Plaintiffs”) reported to City management allegations of what they believed to be inappropriate actions by Councilmember Lopez. The City Manager determined there was an immediate need to request the hiring of an independent workplace investigator, followed by implementation of several workplace measures to protect City of Montclair employees from further or potential inappropriate behavior. Protective measures gained greater relevance and urgency after an independent workplace investigator presented findings that sustained the allegations made by Plaintiffs.

Plaintiffs filed a complaint against Defendant Lopez and the City and, on October 6, 2022, the City and Plaintiffs (“Participating Parties”) participated in mediation to resolve outstanding litigation and economic matters through a combined settlement agreement and settlement payment. Lopez, however, failed to participate in Settlement proceedings or contribute toward settlement costs. The City then joined with the Plaintiffs in a cross– complaint against Lopez—the cross–complaint arising out of Plaintiffs’ claims against MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 5 of 164 Defendant Lopez [See California Code of Civil Procedure § 428.10] and the intent of the City to recover monies spent on the City’s defense.

On December 5, 2025, in the Superior Court of California, County of San Bernardino, Rancho Cucamonga District, Case Number CIVSB2133471, Judge Kory Mathewson (“Judge Mathewson”) issued his oral Tentative Decision in favor of both Plaintiffs and the City of Montclair (or “Cross–Complainant Montclair” or “Cross Complainant/Defendant Montclair”) against Defendant and Cross–Defendant Lopez.

Judge Mathewson awarded each Plaintiff $350,000 in past damages and $50,000 in future damages for a total of $800,000 ($400,000 per Plaintiff) plus punitive damages to be determined when court resumed on December 12, 2025. Cross–complainant Montclair was awarded indemnity in the amount of 100 percent ($550,000 in settlement costs) plus attorneys’ fees and costs.

On December 12, 2025, Judge Mathewson imposed against Defendant Lopez $176,000 in punitive damages, or $88,000 per Plaintiff, calculating the punitive damages award as equivalent to the earnings Defendant Lopez is set to receive as a City Council Member over his two four–year terms in office. Cross–Complainant Montclair did not seek punitive damages.

On January 5, 2026, Judge Mathewson issued his Proposed Statement of Decision (which became the Statement of Decision without objection within the statutory period) and, after assessing “the demeanor of all the parties and witnesses”, considering the “testimony and credibility of all of the parties and witnesses”, and considering “all of the evidence that was received”, the court found against Defendant Lopez in favor of the Plaintiffs on each of the following respective causes of action:

1. Unlawful Sexual Harassment in violation of Government Code § 12940(j); and

2. Unlawful violation of the Fair Employment Housing Act (FEHA).

The court further found in favor of the Plaintiffs on each of their respective claims for punitive damages against Defendant Lopez, and, accordingly, judgement was entered in favor of Plaintiffs and against Defendant Lopez in the aggregate amount of $488,000 for each Plaintiff for past and future emotional distress and punitive damages.

The court also found in favor of Cross–Complainant/Defendant Montclair on its cause of action for indemnity against Defendant Lopez and, as the prevailing party, Cross– Complainant / Defendant Montclair was awarded equitable relief and should be indemnified for attorneys’ fees and costs and $550,000 in past settlement payments made to Plaintiffs. To date, the City of Montclair has spent approximately $751,000 on attorneys’ fees, costs and settlement payments, and more than $200,000 in lost productivity and dedicated staff time on the matter. Final attorneys’ fees and costs have yet to be determined.

Judge Mathewson further determined the following:

1. Said conduct by Defendant Lopez amounted to malice, oppression, and/or fraud justifying a punitive damage award.

2. “Defendant Lopez is liable as an employee of the City of Montclair [Emphasis added] because, as a member of the City Council, Lopez is an employee of the City [Emphasis added]. Lopez is also a supervisor [Emphasis added] within the meaning of Govt Code Section 12926(t):”
MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 6 of 164 ““Supervisor” means any individual having the authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or the responsibility to direct them, or to adjust their grievances, or effectively to recommend that action, if, in connection with the foregoing, the exercise of that authority is not of a merely routine or clerical nature, but requires the use of independent judgment.”

3. The Court further found that “Defendant Lopez may be held personally liable pursuant to Government Code section 12940(j)(3), which states:” “An employee of an entity subject to this subdivision is personally liable for any harassment prohibited by this section that is perpetrated by the employee [Emphasis added], regardless of whether the employer or covered entity knows or should have known of the conduct and fails to take immediate and appropriate corrective action.”
Based on Judge Mathewson’s decision in Case Number CIVSB2133471, the Montclair City Council, in Closed Session on February 17, 2026, directed introduction and consideration of Resolution No. 26–3511—a Resolution reaffirming Resolution No. 22– 3344, including the disapproval and censuring of certain conduct and behavior of Lopez and re–ratifying protective actions taken by the City Manager; and, further, the City Council directed that certain restrictions and administrative/economic sanctions against Lopez be incorporated into Resolution No. 26–3511, and be implemented.

The City Council determined that Lopez is a Supervisor, Member of the Workforce and an Employee of the City.

In determining what sanctions the City Council may impose against Lopez, the City Council took into consideration Judge Mathewson’s finding that Lopez is “liable as an employee of the City of Montclair [Emphasis added] because, as a member of the City Council, Lopez is an employee of the City [Emphasis added]. Lopez is also a supervisor [Emphasis added] within the meaning of Govt Code Section 12926(t)”. The City Council also found that various state laws, including the following, define locally elected officials as “supervisors,” or infer that they are “members of the workforce”:

1. Assembly Bill 1661, codified at California Government Code Section 53237.1, requires “local agency officials” to attend two hours of sexual harassment prevention training every two years, which must include “information and practical guidance regarding the federal and state statutory provisions concerning the prohibition against, and the prevention and correction of, sexual harassment and the remedies available to victims of sexual harassment in employment. The training shall also include practical examples aimed at instructing the local agency official in the prevention of sexual harassment, discrimination and retaliation ….” Additionally, AB 1661 provides that local agencies may have non–elected employees satisfy their training requirement under Government Code section 53237.1, rather than under Section 12950.1 (see below discussion on AB 1825).

2. Assembly Bill 1825, codified at California Government Code section 12950.1 requires that “training and education regarding sexual harassment [shall be provided] to all supervisory employees [Emphasis added] and at least one hour of classroom or other effective interactive training and education regarding sexual MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 7 of 164 harassment to all nonsupervisory employees . . ..” City council members, as “supervisors,” are required to attend AB 1825 training. The training requirement for elected officials benefits not only the trainees, but also the city or public agency, which is almost always named as a co–defendant in workplace harassment lawsuits involving the misconduct of governing members.

3. AB 1234 (2005), codified at California Government Code Chapter 700 and SB 827 (2025), codified at California Government Code Chapter 661 require that local elected officials, department heads and similar administrators of local agencies complete an ethics training course within six months of hiring and every two years thereafter. Additionally, as of January 1, 2026 (SB 827) a new fiscal and financial training requirement mandates all local agency officials involved in financial oversight, with “local agency official” to include “a member of a local agency legislative body . . . who receives any type of compensation, salary, or stipend or reimbursement for actual and necessary expenses incurred in the performance of official duties . . . a department head or other similar administrative officer”, receive at least two hours of training every two years covering budgeting, debt management, auditing, revenue mechanisms, investments, and ethical stewardship. Certain officials like county auditors and treasurers who already comply with fiscal training requirements are exempt from this requirement.

4. Under the California Fair Employment and Housing Act (the "FEHA") (California Government Code Sections 12900–12951 & 12927–12928 & 12955–12956.1 & 12960–12976), employers are liable for harassment against their employees as follows:
a. Employers are strictly liable for the acts of agents and supervisors. b. Employers are responsible for the acts of a non–supervisory employee if the employer, or one of its agents or supervisors, knows or should have known of the conduct and fails to take immediate corrective action. c. Employers are responsible for the acts of non–employees if the employer, or one of its agents or supervisors, knows or should have known of the conduct and fails to take immediate corrective action.
d. Under the FEHA, elected officials are supervisors. A supervisor is defined as “any individual having the authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or the responsibility to direct them, or to adjust their grievances, or effectively to recommend that action, if, in connection with the foregoing, the exercise of that authority … requires the use of independent judgment.” Because a city council generally has the authority to hire, fire, and issue direction to, at minimum, the city manager and city attorney, councilmembers fit within the definition of “supervisor” and, as such, are subject to the FEHA’s protections and responsibilities, which include preventing and correcting harassment, discrimination and retaliation in the workplace.

Under the FEHA, elected officials can expose a city to liability in a FEHA lawsuit because the city is responsible for harassment against its employees even if carried out by a nonemployee, if the city knew or should have known about the harassment and failed to take corrective action. An elected official’s conduct toward city employees can and does expose a city MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 8 of 164 to liability; therefore, the city council and city manager have a duty and responsibility to take corrective action within the limits and abilities of both.

As a supervisor/member of the workforce/employee, a city council member in California is subject to specific legal, administrative and procedural requirements; and such actions may include censure, removal from committees, or other sanctions conducted in accordance with City policies and practices, state laws and the Fair Political Practices Commission Public Official and Employee Rules and Code of Ethics, and, further, the public has a right to know the basis for any sanction(s) taken against an elected member.

Together, under AB 1661, AB 1825, AB 1234, SB 827 and FEHA, each cited above, local agency officials [city council members] are “supervisors” and are, collectively, with department heads and other non–elected members, part of an agency’s “workforce” where, together, they may attend the same training [as they sometimes do], learn about the common set of workplace responsibilities that belong equally to both elected and non–elected members and are tasked to receive training related to organizational operations and ethical stewardship and comply with laws that govern the behavior and interaction of members within the workforce.

The City Council determined that Lopez, as a Supervisor, Member of the Workforce and an Employee of the City is subject to Sanctions, Including Economic Sanctions.

In addition to the above provisions of state law, the Judicial Council of California Advisory Committee on Civil Jury Instructions (pages 1606–1608) (Nov. 2024) clarifies that the FEHA’s definition of “supervisor” expressly refers to authority and responsibility over “other employees.” An elected official’s conduct toward city employees can and does expose a city to liability; therefore, the city council and city manager have a duty and responsibility to take corrective action within the limits and abilities of both. As a supervisor / member of the workforce / employee, a city council member in California is subject to specific legal, administrative and procedural requirements; and such actions may include censure, removal from committees, or other sanctions conducted in accordance with City policies and practices, state laws and the Fair Political Practices Commission Public Official and Employee Rules and Code of Ethics, and, further, the public has a right to know the basis for any sanction(s) taken against an elected member.

Under various provisions of the California Government Code, the State Legislature has provided for the removal of locally elected officials that are separate from recall efforts by members of the electorate. These disciplinary provisions include the following:

1. California Government Code Sections 3060 through 3075 outline a process for presenting to a grand jury an accusation against a public official (defendant) for willful or corrupt misconduct in office. Upon conviction, the grand jury shall pronounce judgement that the defendant shall be removed from office.

2. California Government Code Section 1770 provides, among other provisions, that an office becomes vacant on the happening of the following before expiration of the term:
a. 1770(h) – “His or her conviction of a felony or of any offense involving a violation of his or her official duties. An officer shall be deemed to have been convicted . . . when trial court judgment is entered . . . sentencing the MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 9 of 164 officer or otherwise upholding and implementing the plea, verdict or finding.”
Various California Government Code Sections and Attorney General legal opinions provide that compensation and/or benefits for City Council Members is/are not mandatory or is/are otherwise limited by conditions affecting agency employees, for example, see the following:

1. California Government Code Section 53235provides that, “If [Emphasis added] a local agency provides any type of compensation, salary, or stipend to a member of a legislative body, or provides reimbursement for actual and necessary expenses incurred by a member of a legislative body in the performance of official duties, then all local agency officials shall receive training in ethics pursuant to this article.”

2. California Government Code Section 36516 provides that. “A city council may [Emphasis added] enact an ordinance providing that each member of the city council shall receive a salary based on the population of the city as set forth [therein].”

3. Senate Bill 329 (2023–2024) was adopted to provide cities with the option to adjust council member compensation beyond specified maximums to account for inflation and support diversity.

4. California Government Code Section 53208 provides that, “any member of a legislative body may [Emphasis added] participate in any plan of health and welfare benefits . . .”

5. California Government Code section 53201 provides that, “The legislative body of a local agency, subject to conditions as may be established by it, may [Emphasis added] provide for any health and welfare benefits for the benefit of its officers, employees, retired employees, and retired members of the legislative body, as provided in subdivision (b), who elect to accept the benefits [Emphasis added] and who authorize the local agency to deduct the premiums, dues, or other charges from their compensation, to the extent that the charges are not covered by payments from funds under the jurisdiction of the local agency as permitted by Section 53205.”

6. California Government Code Section 53205 provides that, “From funds under its jurisdiction, the legislative body may authorize [Emphasis added] payment of all, or such portion as it may elect [Emphasis added], of the premiums, dues, or other charges for health and welfare benefits of officers, employees, retired employees, former elective members specified in subdivision (b) of Section 53201, and retired members of the legislative body subject to its jurisdiction.”

7. California Government Code Section 53208.5 provides that it is “the intent of the Legislature to provide a uniform limit on the health and welfare benefits for members of the legislative bodies of all political subdivisions of the state [. . ..] In the case of agencies with different benefit structures, the benefits of members of the legislative body shall not be greater than the most generous schedule of benefits being received by any category of nonsafety employees.” MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 10 of 164

8. California Attorney General Opinion No. 08–405 provides that, “A city may provide a vehicle allowance [Emphasis added] to its city council members in lieu of reimbursing actual vehicle expenses after such expenses are incurred.”

9. California Government Code Section 36516 provides that salaries for councilmembers are elective; are enacted by ordinance “up to” established maximums; may be based on several factors including population, inflation, or adjustments based on the operative date of the last adjustment; or enacted by a vote of the people at a municipal election to provide for, increase or decrease compensation.

10.Other actions courts have determined fall within the prerogative of the governing body majority to restrict, prohibit, limit, admonish, regulate, or otherwise sanction an elected colleague.

In addition to the above, the Montclair City Council, through its foundational legislative prerogative, the “power of the purse”, has the authority to impose economic sanctions against an employee or, in this case, a City Council colleague adjudicated to be in violation of their duty to office. “Power of the Purse” is the ability of a legislative body or other designated authority to allocate, control, regulate and restrict the use of funds for a variety of initiatives including, but not limited to, activities, services, infrastructure, maintenance and operations, fiscal and operational accountability, labor and other personnel–related matters—either positively or negatively—the latter, for example, which may include withholding, controlling, limiting, constraining, reducing or restricting available forms of compensation or reimbursement for an employee or a city council colleague found liable for violations of his or her official duties. Forms of compensation subject to sanctions may include, but not be limited to, travel, meals, lodging and other forms of non–mandatory compensation and/or reimbursement.

In addition to the above, the City Council predicates its authority, in part, on the following:

1. Pursuant to California Government Code Section 1360, each public officer, including an elected city councilmember, before entering upon the duties of his or her office, shall take and subscribe the oath or affirmation set forth in Article XX § 3 of the California Constitution, and the oath consists of a commitment to support and defend the Constitution of the United States and the Constitution of the State of California, and that the person taking the oath promises to take the obligation freely and to faithfully perform the duties of their position.

2. The Fair Political Practices Commission's (FPPC’s) code of ethics for locally elected officials emphasizes the importance of maintaining high standards of integrity, honesty and conduct in all activities, and requires officials to be impartial, responsible and accountable to the public. Further, the FPPC mandates that all city councilmembers conduct their duties in accordance with the processes and rules of order established by each governing board, and such conduct should ensure their actions are above reproach and free from impropriety.

3. By their oath of office, city councilmembers are not only duly sworn to uphold the Federal and State Constitutions but also the vast network of national, state and local laws, ordinances, rules, regulations and procedures, including those that govern the workplace and interrelationships between elected officials, MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 11 of 164 managers, supervisors and employees.

4. The Montclair City Council has a duty to the residents and employees of the City of Montclair to ensure that the laws of the United States and State of California are followed and the rules, regulations, policies and ordinances of the City are complied with and that this duty is primary in employer/employee relations.

5. It is essential for the effective governance of the City of Montclair for the public to have confidence in the integrity, dignity, competence, professionalism, decorum and behavior of its locally elected and appointed leaders and their fair, respectful, courteous and dignified treatment and regard for employees of the City of Montclair and members of the public.

6. It is essential that members of the City Council demonstrate the highest level of professionalism and respect while in office and not behave or perform in a manner that is detrimental to the City or adverse to the City’s interests.

Based on the above discussion of laws, legal opinions, legislative prerogatives including the “power of the purse”, court cases, duly–sworn promises, FPPC Code of Ethics and other relevant factors the Montclair City Council, in its consideration and adoption of Resolution No. 26–3511, did, in addition to censure and those sanctions, restrictions and protective actions enumerated in, and imposed under, Resolution No. 22–3344 and supportive documentation and reaffirmed in Resolution No. 26–3511, impose additional sanctions against Lopez, including the following direction to the City Manager related to compensation:

1. The City Manager shall submit for City Council consideration revisions to Section 2.12.050 of Chapter 2.12 of Title 2 of the Montclair Municipal Code related to City Council Compensation, and that such revisions shall (i) comply with state law; and (ii) take into consideration any civil tort rulings in which a court of competent jurisdiction may have ruled that a member of the Montclair City Council, as a private individual and acting outside the course and scope of his duties, responsibilities and performance as a member of the City Council of the City of Montclair did act in violation of his or her official duties, including for willful or corrupt misconduct in office or other violation of California law, including under the Fair Employment and Housing Act.

2. Revisions to Section 2.12.050 of Chapter 2.12 of Title 2 of the Montclair Municipal Code shall incorporate differing rates of monthly pay for City Council Members, and such differing rates of pay shall demonstrate a normal rate of pay represented by the higher end of the pay schedule, and a lower rate of pay to be assigned to a member of the City Council found to be not in good standing due to having being found liable for adjudicated violations as described above in Paragraph “1.”, such lower rate of pay to be set at no less than the minimum rate of pay, if any, as proscribed by state law.

3. Further, if such payrate policy change for Montclair City Council Members is adopted by ordinance of the City Council, such payrate change shall apply to current Montclair City Council incumbents and future Montclair City Council incumbents, unless otherwise changed by ordinance of the City of Montclair; such ordinance to otherwise comply with applicable provisions of state law.

MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 12 of 164 Based on the above direction, the City Manager has determined that Government Code Section 36516 (§36516) provides that salaries for city council members are elective; are enacted by ordinance “up to” established maximums; may be based on several factors including population, inflation, or adjustments based on the operative date of the last adjustment; or enacted by a vote of the people at a municipal election to provide for, increase or decrease compensation. Further, as an employee and/or supervisor of the City, Montclair Council Members are subject to economic sanctions just as any employee of the City would be.

Proposed Adjustment to Salary
The City Council last amended Sections 2.12.050 of the Montclair Municipal Code on March 18, 2024, with an operative date of January 1, 2025, following certification of the General Municipal Election held on November 5, 2024, and installation of re–elected and/or newly elected officials on December 10, 2024. The amendment considered Senate Bill 329 (SB 329), signed into law by Governor Gavin Newsom on June 29, 2023.

SB 329 utilizes tiers for city council compensation based upon the population of a city, establishes maximum base tiers and reiterates that any actions related to adjusting the rate of compensation is at the discretion of the jurisdiction’s governing board. For Montclair, the maximum base tier for salaries approved by ordinance is up to and including one thousand two hundred seventy–five dollars ($1,275) per month—the previous maximum amount was four hundred dollars ($400) per month.

Government Code §36516 also provides two alternatives for adjusting the monthly salaries for council members:

1. By an amount not to exceed 5 percent for each calendar year from the operative date of the last adjustment of the salary in effect when the ordinance or amendment is enacted—this is the methodology used by the City to establish the current monthly salary rate of $1,438.00; or

2. By an amount equal to inflation since January 1, 2024, based upon the California Consumer Price Index (CCPI), which shall not exceed 10 percent for each calendar year applied.

No ordinance shall be enacted or amended to provide automatic future increases in city council compensation. For the purposes of §36516, compensation does not include payment for service by a city council member on a commission, committee, board, authority, or similar body on which a city council member serves. If other statutes authorizing such service do not specify the amount of compensation, the maximum amount shall be one hundred fifty dollars ($150) per month for each commission, committee, board, authority, or similar body.

Government Code §36516.5 further specifies that a change in city council compensation shall not apply to a council member during his or her term of office. This prohibition does not prevent the adjustment of compensation for all members of a city council serving staggered terms whenever one or more members of a city council begin a new term of office.

For the City of Montclair, the next general municipal election is scheduled to occur on Tuesday, November 3, 2026. If adopted by the City Council, provisions of Ordinance No. 26–1018 would not be effective until after certification of the 2026 General Municipal Election and installation of the re–elected and/or newly elected officials, which MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 13 of 164 typically occurs following the election in early– to mid–December. However, because members of the City Council are compensated monthly, if adopted, the proposed changes to the salary schedule would not be implemented until January 1, 2027.

City Council Member Compensation
Pursuant to Ordinance No. 24–1008, Table 1, below, shows the current monthly salary for members of the City Council, including the Mayor.

Table 1.

Current Monthly Compensation
for All Members of the City Council
Salary (Monthly) Notes
$1,438.00 • Effective January 1, 2025.
$0.00 – $1,437.99 • Elective — Govt. Code §36516(f) salary waiver.

Presently, the directly–elected position of Mayor, in addition to receiving the above– noted salary as a member of the City Council, receives additional compensation in the sum of seven hundred and fifty dollars ($750.00) per month, pursuant to Ordinance No. 24–1008. No changes are being proposed to this additional compensation for Mayor.

Table 2, below, establishes a proposed monthly compensation schedule for members of the City Council.

Table 2.

Proposed Monthly Compensation Schedule
for All Members of the City Council
Compensation Level
(Monthly) Notes
Schedule “A”
$1,438.00
• The current base salary for all members of the City Council pursuant to Ordinance No. 24–1008, as of January 1, 2025.

Schedule “B”
$1,150.00
• The base salary that was in effect for all members of the City Council from January 1, 2019, through December 31, 2024, pursuant to Ordinance No. 17–970.
• By a majority vote of the City Council, a member of the City Council may be assigned to this schedule if:
o The member is found guilty of a civil tort in violation of official duties in office, or other violation of state or federal law.

Schedule “C”
$742.00
• The base salary that was in effect for all members of the City Council from January 1, 2008, through December 31, 2018, pursuant to Ordinance No. 06–872.
• By a majority vote of the City Council, a member of the City Council may be assigned to this schedule if:
o The member is found guilty of a civil tort in violation of official duties in office or other violation(s) of state or federal law; and o They have committed two or more violations or committed the same violation against two or more victims.

Schedule “X”
• Elective — Govt. Code §36416(f) salary waiver.
• Members of the City Council may waive all or part of their compensation, allowing them to receive from $0.00 up to any amount below their authorized compensation level.

MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 14 of 164 • Schedule “A” – $1,438.00.

Table 2, Schedule “A” reflects the current monthly salary with an operational date of January 1, 2025. Except as otherwise provided for under Table 2, Schedules “B”, “C”, and “X”, each member of the City Council shall receive as salary one– thousand four–hundred thirty–eight dollars ($1,438.00) per month as provided for in Section 36516(a)(4)(A) of the Government Code. The Schedule “A” salary shall remain in force and applicable to each member of the City Council subject to its provisions unless and until such time the salary is modified by adoption of an ordinance so modifying the Schedule “A” salary.
• Schedule “B” – $1,150.00.

Table 2, Schedule “B” reflects the proposed monthly salary for any member of the City Council adjudicated by a court of competent jurisdiction to be guilty of a civil tort in violation of his or her official duties and/or responsibilities as a member of the City Council that involves willful and/or corrupt misconduct in office or other violation of state or federal law including, but not limited to, violation(s) of the Fair Employment Housing Act, the Political Reform Act of 1974 and/or Article XX of Section 3 of the California Constitution, when such violation occurred outside the normal scope and course of duties shall, upon conviction or immediately upon the operational date of proposed Ordinance No. 26–1018 if the operational date succeeds conviction, have his or her salary, as provided for in Table 2, Schedule “B”, reduced to one–thousand one–hundred fifty dollars ($1,150.00) per month—the City Council salary in effect prior to January 1, 2025.

The salary provided for in Schedule “B” shall not be adjusted and provisions of Ordinance No. 26–1018 shall remain in force and applicable to any member of the City Council subject to its provisions unless and until such time either the salary separately, the provisions separately, or both the salary and provisions together, are modified or rescinded by adoption of an ordinance so modifying or rescinding the Schedule “B” salary and/or its provisions by a majority vote of the City Council in open session; further, and except as provided by law, a member of the City Council subject to the Schedule “B” salary shall not be eligible to receive any other form of compensation while the council member is subject to its provisions.
• Schedule “C” – $742.00.

Table 2, Schedule “C” reflects the proposed monthly salary for any member of the City Council adjudicated by a court of competent jurisdiction to be guilty of two or more civil torts in violation of his or her official duties and/or responsibilities as a member of the City Council that involve willful and/or corrupt misconduct in office or other violations of state or federal law including, but not limited to, violations of the Fair Employment Housing Act, the Political Reform Act of 1974 and/or Article XX of Section 3 of the California Constitution, when such violations occurred outside the normal scope and course of duties, or commits such violation(s) against two or more victims, shall, upon conviction or immediately upon the operational date of proposed Ordinance No. 26–1018 if the operational date succeeds conviction, have his or her salary, as provided for in Table 2, Schedule “C”, reduced to seven–hundred forty–two dollars ($742.00) per month—the City Council salary that was in effect prior to January 1, 2019.

MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 15 of 164 The salary provided for in Schedule “C” shall not be adjusted, and provisions of Ordinance No. 26–1018 shall remain in force and applicable to any member of the City Council subject to its provisions unless and until such time either the salary separately, the provisions separately, or both the salary and provisions together, are modified or rescinded by adoption of an ordinance so modifying or rescinding the Schedule “C” salary and/or its provisions by a majority vote of the City Council in open session; further, and except as provided by law, a member of the City Council subject to the Schedule “C” salary shall not be eligible to receive any other form of compensation while the council member is subject to its provisions.
• Schedule “X”
Pursuant to Government Code §36516(f) and as provided for in Table 2, Schedule “X” each City Council Member may individually elect to waive all or any portion of the salary established under Ordinance No. 26–1018, and such salary remaining shall be listed in a City–provided waiver form to be completed by the City Council Member waiving all or any portion of the salary otherwise provided for in Table 2.

Effective Date of Ordinance No. 26–1018
Ordinance No. 26–1018 would become effective 30 days after adoption. However, Table 2, Schedule “A” has been in effect since January 1, 2025, and would remain in effect.

The operational date of any salary change taking place pursuant to Schedules “B” and “C” would be January 1, 2027, following certification of the November 3, 2026 General Municipal Election and installation of re–elected and/or newly elected officials.

For Schedule “X”, the operational date is the first month following the completion of a City–provided waiver form by a member of the City Council electing to waive all, or any portion of, his or her salary as provided for under Table 2.

It should be noted that in the past, all members of the City Council have had the option to either forgo any increases to their present compensation level, waive a salary entirely, or request a reduction in salary to any amount following each election when a new base level of compensation takes effect. These options would remain available to all members of the City Council regardless of whether Ordinance No. 26–1018 is adopted.

FISCAL IMPACT: If adopted, proposed Ordinance No. 26–1018 would result in the following:
• Schedule “A”. Each member of the City Council subject to the provisions of Table 2, Schedule “A” shall receive as salary the sum of one–thousand four– hundred thirty–eight dollars ($1,438.00) per month as provided for in Section 36516(a)(4)(A) of the Government Code.
• Schedule “B”. Each member of the City Council subject to the provisions of Table 2, Schedule “B” shall receive as salary the sum of one–thousand one– hundred fifty dollars ($1,150.00) per month.
• Schedule “C”. Each member of the City Council subject to the provisions of Table 2, Schedule “C” shall receive as salary the sum of seven–hundred forty–two dollars ($742.00) per month.

MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 16 of 164 • Schedule “X”. As indicated in Table 2, Schedule “X”, and pursuant to Government Code §36516(f), each member of the City Council may individually elect to waive all or any portion of the salary established under Ordinance No. 26– 1018, and such salary remaining shall be listed in a City–provided waiver form to be completed by the City Council Member waiving all or any portion of the salary otherwise provided for in Table 2 within the applicable Schedule for salaries.

Proposed Ordinance No. 26–1018 does not recommend any enhancement to salaries provided for under Table 2, Schedule “A”—the base salary rate for members of the Montclair City Council will remain at $1,438.00 per month.

RECOMMENDATION: City staff recommend the following:

1. Conduct first reading of Ordinance No. 26–1018, amending the Montclair Municipal Code related to the salary schedule for members of the City Council.

2. Set a public hearing for second reading and consider adoption of Ordinance No. 26–1018 on Tuesday, September 8, 2026, at 7:00 p.m. in the Montclair City Council Chambers.

MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 17 of 164 FIRST

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Ordinance No. 26–1018 Page 1 of 4
ORDINANCE NO. 26–1018

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MONTCLAIR AMENDING SECTION 2.12.050 OF CHAPTER

2.12 OF TITLE 2 OF THE MONTCLAIR MUNICIPAL CODE
WHEREAS, at its April 4, 2022, meeting the Montclair City Council adopted Resolution No. 22–3344 disapproving and censuring certain conduct and behavior of Montclair City Council Member Benjamin Lopez (“Council Member Lopez”), and ratifying certain actions taken by the City Manager to protect City employees; and WHEREAS, adoption of Resolution No. 22–3344 was taken after (i) certain employees of the City reported allegations of what they believed to be inappropriate actions by Council Member Lopez, and (ii) an independent workplace investigator hired to investigate the allegations presented findings at a March 1, 2022, special meeting that adjourned to Closed Session sustaining the allegations, including the following:

1. Council Member Lopez, as a private individual and outside the course and scope of his duties as a council member, did (i) conduct an extended and unwanted conversation with one employee about his sexual orientation; and (ii) intentionally did hide his identity from another employee when they communicated on social media dating sites, and that their communications included sharing sexually explicit content and photographs; and WHEREAS, Council Member Lopez failed to participate in a global mediation settlement to resolve the complaints and settle with the employees, and the City, separately and without prejudice, resolved outstanding litigation and economic matters between the City and the employees; and
WHEREAS, the City then did join with the two employees in a cross–complaint against Council Member Lopez (“Defendant Lopez”); and
WHEREAS, on December 5, 2025, in the Superior Court of California, County of San Bernardino, Rancho Cucamonga District, Case Number CIVSB2133471, Judge Kory Mathewson issued his oral Tentative Decision in favor of both of the employees (“Plaintiffs”) and the City, and awarded each of the two Plaintiffs$400,000 in past and future damages with punitive damages to be determined, and awarded Cross– complainant City of Montclair $550,000 in settlement costs plus attorneys’ fees and costs; and
WHEREAS, on December 12, 2025, Judge Mathewson imposed against Defendant Lopez $176,000 in punitive damages; and
WHEREAS, on January 5, 2026, Judge Mathewson issued his Proposed Statement of Decision (which became the Statement of Decision without objection within the statutory period) finding (i) in favor of the Plaintiffs on each of their respective causes of action for Unlawful Sexual Harassment in violation of Government Code §12940(j) and the Fair Employment Housing Act (FEHA), said conduct by Defendant Lopez amounting to malice, oppression, and / or fraud justifying a punitive damage award; (ii) the court further found in favor of Plaintiffs on each of their respective claims for punitive damages; (iii) the court also found in favor of Cross–Complainant / Defendant City of Montclair on its cause of action for indemnity against Defendant Lopez; (iv) additionally, the court found that Defendant Lopez is “liable as an employee of the City of Montclair because, as a member of the City Council, Lopez is an employee of the City. Lopez is also a supervisor within the meaning of Government Code Section 12926(t)”; and (v) the court found that “Defendant Lopez may be held personally liable pursuant to Government Code Section 12940(j)(3) . . ..”; and
WHEREAS, on March 16, 2026, the City Council adopted Resolution No. 26–3511, reaffirming the provisions and recitals of, and expanding on, Resolution No. 22–334 and, in addition, directing that certain economic sanctions be taken against Council Member Lopez, including the following:

1. The City Manager shall submit for City Council consideration revisions to Section 2.12.050 of Chapter 2.12 of Title 2 of the Montclair Municipal Code related to City Council Compensation, and that such revisions shall (i) comply with state law; and (ii) take into consideration any civil tort rulings in which a court of competent jurisdiction may have ruled that a member of the Montclair City Council, as a private individual and acting outside the course and scope of his duties, responsibilities and performance as a member of the City Council MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 18 of 164 FIRST

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Ordinance No. 26–1018 Page 2 of 4
of the City of Montclair did act in violation of his or her official duties, including for willful or corrupt misconduct in office or other violation of California law, including under the Fair Employment and Housing Act.

2. Revisions to Section 2.12.050 of Chapter 2.12 of Title 2 of the Montclair Municipal Code shall incorporate differing rates of monthly pay for City Council Members, and such differing rates of pay shall demonstrate a normal rate of pay represented by the higher end of the pay schedule, and lower payrate tiers available for assignment to a member of the City Council found to be not in good standing due to having being found liable for adjudicated violations as described in Paragraph “1.” of this recital, such lower payrate tiers to take into consideration the violations of federal and / or state law(s).

3. Further, if such payrate policy change for Montclair City Council Members is adopted by ordinance of the City Council, such payrate change shall apply to current Montclair City Council incumbents and future Montclair City Council incumbents, unless otherwise changed by ordinance of the City of Montclair.

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

SECTION I. Amendment to Code. Section 2.12.050 of Chapter 2.12. of Title 2 of the Montclair Municipal Code is hereby amended to read as follows:

Section 2.12.050. Compensation—Salary schedule and effective date—exclusion of benefit costs in salary computation.

Table 1 provides for the monthly compensation schedule for City Council Members.

Table 1
Monthly Compensation Schedule for Members of the City Council Schedule A Schedule B Schedule C Schedule X
$1,438.00 $1,150.00 $742.00
Govt. Code
§36416.5(f)
salary waiver
A. Schedule A. Except as otherwise provided for in Paragraphs B, C, and D of this Section, each member of the City Council shall receive as salary the sum of one–thousand four–hundred thirty–eight dollars ($1,438.00) per month as provided for in Section 36516(a)(4)(A) of the Government Code. The salary provided for in this Paragraph shall remain in force and applicable to each member of the City Council subject to its provisions unless and until such time the salary is modified by adoption of an ordinance so modifying Schedule A.

B. Schedule B. Except as otherwise provided for in Paragraph A, C, and D of this Section, any member of the City Council adjudicated by a court of competent jurisdiction to be guilty of a civil tort in violation of his or her official duties and/or responsibilities as a member of the City Council that involves willful and/or corrupt misconduct in office or other violation of state or federal law including, but not limited to, violation of the Fair Employment Housing Act, the Political Reform Act of 1974 and/or Article XX of Section 3 of the California Constitution, when such violation occurred outside the normal scope and course of duties shall, upon conviction or immediately upon the operational date of this amendment if the operational date succeeds conviction, have his or her salary, as provided for in Paragraph A of this Section, reduced to one– thousand one–hundred fifty dollars ($1,150.00) per month.

The salary provided for in Section 2.12.050(B) shall not be adjusted and provisions thereof shall remain in force and applicable to any member of the City Council subject to its provisions unless and until such time either the salary separately, the provisions separately, or both the salary and provisions together, are modified or rescinded by adoption of an ordinance so modifying or rescinding the salary and/or its provisions by no less than four (4) votes out of the five (5) members of the City Council voting on the matter in open session; further, and except as provided by law, a member of the City Council subject to Schedule B shall not be eligible to receive any other form of compensation while subject to its provisions.

C. Schedule C. Except as otherwise provided for in Paragraph A, B, and D of this Section, any member of the City Council adjudicated by a court of competent jurisdiction to be guilty of two or more civil torts in violation of his or her MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 19 of 164 FIRST

READING
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Ordinance No. 26–1018 Page 3 of 4
official duties and/or responsibilities as a member of the City Council that involves willful and/or corrupt misconduct in office or other violations of state or federal law including, but not limited to, violations of the Fair Employment Housing Act, the Political Reform Act of 1974 and/or Article XX of Section 3 of the California Constitution, when such violations occurred outside the normal scope and course of duties, or of such violations committed against two or more victims, shall, upon conviction of the second violation or immediately upon the operational date of this amendment if the operational date succeeds conviction, have his or her salary, as provided for in Section 2.12.050(A), or as provided for in Section 2.12.050(B), reduced to seven–hundred forty–two dollars ($742.00) per month.

The salary provided for in Section 2.12.050(C) shall not be adjusted and the provisions thereof shall remain in force and applicable to any member of the City Council subject to its provisions unless and until such time either the salary separately, the provisions separately, or both the salary and provisions together, are modified or rescinded by adoption of an ordinance so modifying or rescinding the salary and/or its provisions by no less than four (4) votes out of the five (5) members of the City Council voting on the matter in open session; further, and except as provided by law, a member of the City Council subject to Schedule C shall not be eligible to receive any other form of compensation while subject to its provisions.

D. Schedule D. Pursuant to Government Code §36516(f) and except as otherwise provided for in Paragraphs A, B, and C of this Section, each member of the City Council may individually elect to waive all or any portion of the salary permitted by this Section and such salary remaining shall be listed in a City– provided waiver form completed by the City Council Member waiving all or any portion of the salary otherwise provided for in Table 1.

E. Effective Date. The operational date of salaries provided for under Table 1, Schedule A of this Section is January 1, 2025; for Schedules “B” and “C” the operational date is January 1, 2027, following certification of the 2026 General Municipal Election and installation of the re–elected and/or newly elected officials; and for Schedule D the operational date is the first month following completion of a City–provided waiver form by a member of the City Council electing to waive all or any portion of his or her salary as provided for under Table 1.

SECTION II. Severability.

If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional.

SECTION III. Effective Date.

This Ordinance shall be in full force and effect thirty (30) days after passage.

SECTION IV. Posting.

The City Clerk shall certify to the passage of this Ordinance and cause the same to be posted pursuant to Government Code Section 36933.

APPROVED AND ADOPTED this XX day of XX, 2026.

Mayor
ATTEST:

City Clerk
MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 20 of 164 FIRST

READING
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Ordinance No. 26–1018 Page 4 of 4
I, Andrea M. Myrick, City Clerk of the City of Montclair, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance No. 26–1018 of said City, which was introduced at a regular meeting of the City Council held on the XX day of XX, 20XX, and finally passed not less than five (5) days thereafter on the XX day of XX, 20XX, by the following vote, to–wit:

AYES: XX
NOES: XX
ABSTAIN: XX
ABSENT: XX

Andrea M. Myrick
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 21 of 164

CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 17, 2026
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 1
FILE I.D.: FIN520
DEPT.: FINANCE
PREPARER: J. KULBECK
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The City Council is requested to consider receiving and filing the City of Montclair Treasurer's Report for the month ending June 30, 2026.

BACKGROUND: Included in the City Council’s agenda packet is a copy of the Treasurer's Report for the period ending June 30, 2026.

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

RECOMMENDATION: Staff recommends the City Council receive and file the Treasurer's Report for the month ending June 30, 2026.

MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 22 of 164

CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 17, 2026
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 2
FILE I.D.: FIN540
DEPT.: FINANCE
PREPARER: A. VONG/R. BADAWI
SUBJECT: CONSIDER APPROVAL AND RATIFICATION OF WARRANT REGISTER AND PAYROLL

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

BACKGROUND: Mayor Pro Tem Martinez examined the Warrant Register dated August 3, 2026, and the Payroll Documentation dated July 26, 2026, and recommends their approval.

FISCAL IMPACT: The City Manager authorized the Warrant Register dated August 3, 2026, totaling $7,081,169.86.

The Payroll Documentation dated July 26, 2026, totals $936,314.00 gross, with $641,679.80 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 – 08/17/2026 Page 23 of 164

CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 17, 2026
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 3
FILE I.D.: FIN510
DEPT.: SA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The City Council acting as Successor to the Redevelopment Agency Board of Directors (Successor Agency Board) is requested to consider receiving and filing the Successor to the Redevelopment Agency Treasurer's Report for the month ending June 30, 2026, pursuant to state law.

BACKGROUND: Included in the Successor Agency Board’s agenda packet is a copy of the Successor to the Redevelopment Agency Treasurer's Report for the period ending June 30, 2026.

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

RECOMMENDATION: Staff recommends the Successor Agency Board receive and file the Successor to the Redevelopment Agency Treasurer's Report for the month ending June 30, 2026.

MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 24 of 164

CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 17, 2026
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 4
FILE I.D.: FIN530
DEPT.: SA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTER
REASON FOR CONSIDERATION: The City Council acting as Successor to the Redevelopment Agency Board of Directors is requested to consider receiving and filing the Successor to the Redevelopment Agency Warrant Register for the month ending June 30, 2026, pursuant to state law.

BACKGROUND: Vice Chair Martinez has examined the Successor to the Redevelopment Agency Warrant Register dated 06.01.26-06.30.26 in the amounts of $4,300.33 for the Combined Operating Fund and $0.00 for the Redevelopment Obligation Retirement Funds, and finds it to be in order.

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

RECOMMENDATION: Vice Chair Martinez recommends the City Council as Successor to the Redevelopment Agency Board of Directors approve the Successor to the Redevelopment Agency Warrant Register for the period ending June 30, 2026.

MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 25 of 164

CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 17, 2026
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 5
FILE I.D.: FIN525
DEPT.: MHC
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The Montclair Housing Corporation Board of Directors is requested to receive and file the Montclair Housing Corporation Treasurer's Report for the month ending June 30, 2026, pursuant to state law.

BACKGROUND: Included in the Montclair Housing Corporation Board agenda packet is a copy of the Treasurer's Report for the period ending June 30, 2026.

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

RECOMMENDATION: Staff recommends the Montclair Housing Corporation Board of Directors receive and file the Treasurer's Report for the month ending June 30, 2026.

MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 26 of 164

CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 17, 2026
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 6
FILE I.D.: FIN545
DEPT.: MHC
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTER
REASON FOR CONSIDERATION: The Montclair Housing Corporation Board of Directors is requested to consider receiving and filing the Warrant Register for the month ending June 30, 2026, pursuant to state law.

BACKGROUND: Vice Chair Martinez has examined the Warrant Register dated 06.01.26–

06.30.26 in the amount of $326,502.31 for the Montclair Housing Corporation and finds it to be in order.

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

RECOMMENDATION: Vice Chair Martinez recommends the Montclair Housing Corporation Board of Directors approve the Warrant Register for the period ending June 30, 2026.

MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 27 of 164

CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 17, 2026
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 7
FILE I.D.: FIN525
DEPT.: MHA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The Montclair Housing Authority Commission is requested to receive and file the Montclair Housing Authority Treasurer's Report for the month ending June 30, 2026, pursuant to state law.

BACKGROUND: Included in the Montclair Housing Authority Commission’s agenda packet is a copy of the Treasurer's Report for the period ending June 30, 2026.

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

RECOMMENDATION: Staff recommends the Montclair Housing Authority Commission receive and file the Treasurer's Report for the month ending June 30, 2026.

MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 28 of 164

CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 17, 2026
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 8
FILE I.D.: FIN545
DEPT.: MHA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTER
REASON FOR CONSIDERATION: The Montclair Housing Authority Commission is requested to consider receiving and filing the Warrant Register for the month ending June 30, 2026, pursuant to state law.

BACKGROUND: Vice Chair Martinez has examined the Warrant Register dated 06.01.26–

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

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

RECOMMENDATION: Vice Chair Martinez recommends the Montclair Housing Authority Commission approve the Warrant Register for the period ending June 30, 2026.

MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 29 of 164

CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 17, 2026
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 9
FILE I.D.: FRD200
DEPT.: FIRE
PREPARER: R. DIERCK
SUBJECT: CONSIDER AUTHORIZING THE IMPLEMENTATION OF A TEMPORARY FEE–FOR–

SERVICE MODEL FOR STAFFING ASSISTANCE WITH THE SAN BERNARDINO COUNTY

FIRE PROTECTION DISTRICT TO MAINTAIN FIRE PROTECTION SERVICES AT MONTCLAIR FIRE STATION 152
REASON FOR CONSIDERATION: The City Council is requested to consider authorizing the implementation of a temporary fee–for–service model for staffing assistance with the San Bernardino County Fire Protection District to maintain fire protection services at Montclair Fire Station 152.

BACKGROUND: The Montclair Fire Department has experienced an unprecedented level of employee attrition over the past several months as personnel have accepted employment opportunities with other public fire agencies, including larger municipal, county, and regional agencies. These staffing losses have created operational challenges that have impacted the Department's ability to maintain the minimum daily staffing levels necessary to provide emergency fire and emergency medical services to the community.

Despite ongoing recruitment efforts, the Department has experienced difficulty attracting qualified candidates due to the highly competitive labor market for public safety personnel. The number of vacancies and anticipated additional resignations are expected to further reduce available staffing levels over the coming weeks.

At this time, the Department believes it can continue to adequately staff operations at Fire Station 151 utilizing existing personnel, overtime, and available staffing resources.

However, projected staffing levels indicate that the Department will no longer be able to consistently maintain adequate staffing at Fire Station 152 without supplemental personnel.

To ensure uninterrupted emergency response capabilities, the Fire Department has coordinated with the San Bernardino County Fire Protection District to provide temporary staffing assistance utilizing a fee–for–service model. Under this operational arrangement, San Bernardino County Fire Protection District personnel will be assigned to Fire Station 152 when Montclair Fire Department staffing falls below the minimum level necessary to safely operate both fire stations.

Unlike a traditional contractual service agreement, this temporary staffing assistance will be provided on a fee–for–service basis. The City will reimburse the San Bernardino County Fire Protection District only for personnel and related costs incurred when staffing assistance is provided.

MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 30 of 164 This staffing solution is intended to maintain continuity of emergency response while the Department continues to pursue annexation with the San Bernardino County Fire Protection District. Utilizing County personnel will help avoid the temporary closure or brownout of Fire Station 152 and ensure the continued delivery of fire suppression, rescue, emergency medical response, and other all–risk emergency services to the residents and businesses of Montclair.

Staff believes this fee–for–service approach represents a responsible method of maintaining uninterrupted emergency services during this period of staffing instability while pursing annexation for the estimated time frame of 7 months.

FISCAL IMPACT: The estimated cost for temporary staffing provided by the San Bernardino County Fire Protection District under the fee–for–service model is approximately $372.94 per hour, or $8,950.56 per 24–hour operational period, based on the County's current billing rates. Actual costs will be incurred when staffing assistance begins and may vary depending on the duration of service, staffing requirements, and any additional billable costs established under the County's fee schedule.

Funding for these services will initially be absorbed within the Fire Department's adopted operating budget through salary savings generated by existing vacant positions and available personnel appropriations. Once available salary savings and budgeted personnel funds have been exhausted, any additional fee–for–service costs will be billed at the County's then–current rates and will require supplemental funding through the City's normal budget process. Should expenditures exceed the Fire Department's adopted budget authority, staff will return to the City Council with a request for additional appropriations.

RECOMMENDATION: Staff recommends that the City Council authorize the implementation of a temporary fee–for–service model for staffing assistance with the San Bernardino County Fire Protection District to maintain fire protection services at Montclair Fire Station 152.

MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 31 of 164

CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 17, 2026
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 10
FILE I.D.: LDA550
DEPT.: PUBLIC WORKS
PREPARER: R. HOERNING
SUBJECT: CONSIDER AUTHORIZING THE EXECUTION OF AN ENCROACHMENT PERMIT AND THE CONVEYANCE OF NON–EXCLUSIVE EASEMENT DEDICATIONS TO

CRP/VP MONTCLAIR VILLAGE OWNER, LLC, FOR THE MAINTENANCE OF VARIOUS PRIVATE FACILITIES LOCATED WITHIN THE PUBLIC RIGHT–OF–WAY,

SUBJECT TO ANY REVISIONS DEEMED NECESSARY BY THE CITY ATTORNEY CONSIDER AUTHORIZING STAFF TO RECORD THE NON–EXCLUSIVE

EASEMENT DEDICATIONS WITH THE OFFICE OF THE SAN BERNARDINO

COUNTY RECORDER
REASON FOR CONSIDERATION: The City Council is requested to consider conveyance of non–exclusive easement dedications to CRP/VP Montclair Village Owner, LLC, for the maintenance of various private facilities located within the public right–of–way, subject to the execution of an encroachment permit and to any revisions deemed necessary by the City Attorney. City property conveyances are subject to City Council approval.

Attached are the four easements and encroachment permits for private storm drain, grease interceptor, low voltage and sign facilities for City Council’s information.

BACKGROUND: On May 16, 2022, the City Council approved Tract Map No. 20273 and authorized the recordation of the map with the Office of the San Bernardino County Recorder. Tract Map No. 20273 establishes new public streets north of Arrow Highway to include the extension of Fremont Avenue and the additions of Birch Street and Station Avenue. It covers an area within the Station District zone of the North Montclair Downtown Specific Plan (NMDSP) and was approved for the project known as The Village at Montclair on the north side of Arrow Highway, near Fremont Avenue. The Arrow Station residential community is located to the west of the project, with the Montclair Transportation Center to the north and the former Pep Boys auto store and a self–service car wash to the east. The Village at Montclair development was approved by the City Council on December 7, 2020.

The Village at Montclair is a high–density development that maximizes property usage consistent with the NMDSP. To facilitate the success of this development, it was necessary to locate private signage, storm drain pipelines, low voltage conduits, and grease interceptors within the public right–of–way. The easements allow for the encroachment of private facilities, and the encroachment permit sets forth the conditions required to allow these private facility encroachments and protect the City’s and the public’s interests.

FISCAL IMPACT: The conveyance of these easements would have no direct fiscal impact to the City. Without the conveyance of the easements, the private property owner and/or its contractors would not have legal authority to install, construct, replace and/or access these needed facilities for maintenance. The developer is conforming to the adopted fee schedule requirements.

MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 32 of 164 RECOMMENDATION: Staff recommends that the City Council take the following actions:

1. Authorize the execution of an encroachment permit and the conveyance of non– exclusive easement dedications to CRP/VP Montclair Village Owner, LLC, for the maintenance of various private facilities located within the public right–of–way, subject to any revisions deemed necessary by the City Attorney; and

2. Authorize staff to record the non–exclusive easement dedications with the Office of the San Bernardino County Recorder.

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CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 17, 2026
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 1
FILE I.D.: HSV070, ATH215, ATH218
DEPT.: HUMAN SVCS.

PREPARER: F. SALTOS
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NOS. 26–55, 26–56, AND 26–57 WITH

MONTCLAIR LITTLE LEAGUE AND GOLDEN GIRLS SOFTBALL LEAGUE FOR USE OF

BALL FIELD FACILITIES AT KINGSLEY, SARATOGA, AND VERNON PARKS REASON FOR CONSIDERATION: Montclair Little League and Golden Girls Softball League (the Leagues) have requested the use of City facilities for their fall sports activities. The City Council is requested to consider approval of Agreement Nos. 26–55, 26–56, and 26–57 with the Leagues for use of ball field facilities.

Copies of the proposed Agreements are attached for City Council review and consideration.

BACKGROUND: Pursuant to Agreement Nos. 26–55 and 26–56, Montclair Little League is granted the use of the two southern and two northern fields at Saratoga Park and the southern field at Kingsley Park on weekdays and Saturdays for its baseball activities.

Pursuant to Agreement No. 26–57, Golden Girls Softball League would use the two fields at Vernon Park for softball activities on weekdays and Saturdays. Sunday field use by all leagues is not permitted.

The Leagues have each requested the use of lighting for activities that may be conducted after dark. The cost of electrical services associated with such lighting and alarm fees will be covered by the City. In addition, City staff will clean the restrooms. The Leagues are responsible to provide a deposit of $300 as a cleaning fee if needed during the contract period.

FISCAL IMPACT: Approval of the proposed Agreements would result in a cost to the City of approximately $8,600 total in lighting and alarm fees and $6,200 for restroom cleaning services through the Public Works Department, for a total of $14,800.

Maintenance costs for the fields are incorporated in the Fiscal Year 2026–27 Budget.

The terms of proposed Agreement Nos. 26–55 and 26–56 with Montclair Little League, and 26–57 with Golden Girls Softball League run from September 1, 2026, through December 18, 2026.

RECOMMENDATION: Staff recommends the City Council approve Agreement Nos. 26–55, 26–56, and 26–57 with Montclair Little League and Golden Girls Softball League for use of ball field facilities at Kingsley, Saratoga, and Vernon Parks.

MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 63 of 164 1 of 7
AGREEMENT NO. 26–55

WITH MONTCLAIR LITTLE LEAGUE

FOR USE OF SARATOGA PARK
THIS AGREEMENT is made and entered into by and between the City of Montclair, hereinafter called "CITY," and Montclair Little League, hereinafter called "LEAGUE." This Agreement is contingent upon the LEAGUE fulfilling its prior contract's financial obligations and paying any and all outstanding invoices owed to the CITY. Use of any and all facilities listed herein may not be used until all fees have been paid.

WITNESSETH:

WHEREAS, CITY presently has baseball fields in Saratoga Park (two northern and two southern fields) generally located at the southwest corner of Vernon Avenue and Kingsley Street, Montclair, California, and
WHEREAS, said Park has been developed to provide areas for youth sports, on which premises LEAGUE desires to use for Little League baseball (including the Challenger Division for children with disabilities) practices and games at such times and hours set forth in Section 1(aa). The term of this Agreement is for September 1, 2026 through December 18, 2026.

SECTION 1: LEAGUE hereby agrees as follows:
a. Provide CITY a list of all your participants and coaches. All must sign CITY approved waiver and submit to CITY liaison prior to participating. b. Not to use the premises for any other purpose, except as above indicated.

Opening and closing ceremonies will be permitted. Any other events or clinics will require written notice one month in advance for approval. The League shall not hold special events which conflict with City sponsored community special events. No League activities are permitted during City observed holidays.
c. Not to sublet the field.
d. Not to make any improvements or alterations or mow grass on said premises.
e. Not to charge for parking of vehicles in the parking lots located within CITY facilities and not to park in the fields or walkways.
f. Not to erect any barriers or fences of any kind unless approved by CITY. g. Not to use herbicides at the park for any purpose.

MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 64 of 164 MONTCLAIR LITTLE LEAGUE – SARATOGA PARK AGREEMENT NO. 26–55 2 of 7
h. Not to disconnect or make changes to existing phone line account. i. Not to allow hitting balls into the chain link fences for batting practice. j. To provide the CITY with a written list of all items to be stored in park buildings. No items should be stored in restroom facilities, except restroom supplies. Any items found to be stored in buildings without prior written authorization from the CITY will be removed by city crews with or without prior notice to LEAGUE. Any cost incurred by the CITY by removing, storing, or disposal of said property shall be the responsibility of LEAGUE. k. To provide a special parking area for participants in the Challenger Division, at the times of their games, by cordoning off the southeast portion of the parking lot; to provide the equipment and personnel needed to set up the special parking area; to see that all equipment is removed and properly stored after each use; to provide personnel to monitor the cordoned off area during its use.
l. CITY to maintain restroom facilities and CITY to furnish all supplies for each well- maintained restroom. LEAGUE to police the entire premises after each day's use and dispose of all paper, trash, and other debris in the dumpster that may have accumulated and leave the premises in a condition deemed acceptable to CITY. This work shall be completed within two hours after an activity has ended. If the premises are not maintained as stated a contracted cleaning agency will be hired by the CITY and the LEAGUE will be responsible for all fees related to the service.
m. To maintain all equipment and appliances within the snack bar and snack bar building at all times. To clean all sinks, grills, screens, exhaust hoods, mop all floors and clean countertops and utensils after each day’s use and leave the snack bar in a condition deemed acceptable to CITY. The snack bar area should not be used for storage of any materials not pertaining to food items used for snack bar operations.
n. To ensure when a barbecue is used (a permit is required to be obtained by Department of Public Health), it is set up a minimum of ten feet away from any structure and LEAGUE must provide one fire extinguisher for each barbecue being used. All safety and health regulations set forth by the County of San Bernardino Department of Public Health must be followed.

LEAGUE must also ensure that a drip pan be used and ensure barbecue has completely cooled down before returning to storage in any CITY structure. o. To deposit, with the CITY representative, the sum of Three Hundred Dollars ($300) as a refundable cleaning deposit to ensure the proper care and cleanup of the snack bar, restrooms, meeting areas, towers, and equipment therein. At the end of the playing season, an inspection shall be conducted by CITY and LEAGUE representatives to ensure that all areas and CITY– owned equipment have been properly cared for, maintained and cleaned. All non–CITY–owned equipment, with exception of refrigerators, freezers, and ice machines shall be removed from snack bar areas. Refrigerators, freezers, MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 65 of 164 MONTCLAIR LITTLE LEAGUE – SARATOGA PARK AGREEMENT NO. 26–55 3 of 7
and ice machines owned by LEAGUE shall be cleaned out, doors left open, and electrical turned off. Any food items left in the refrigerators and/or freezers will be discarded by the CITY. Ice machines owned by CITY shall be cleaned out, serviced, and maintained by CITY.
p. To conform to all safety and health regulations set forth by the County of San Bernardino Department of Public Health and register your snack bar as Pre-packaged. Maintain all CITY–installed facilities and equipment in their original condition. Failure to comply with these requirements will result in a breach of this Agreement and the loss of the use of the premises. q. To follow proper call–out procedures in an emergency (an urgent need for assistance or some type of immediate action) by using only telephone numbers issued for this purpose. A Contact List containing the emergency telephone numbers is attached.
r. LEAGUE agrees to assist CITY in keeping order in the park area and to provide responsible supervision as may be necessary to prevent vandal-ism or malicious mischief to the property including for graffiti removal on buildings within 24 hours of notification, contact Graffiti Abatement Hotline at 625–9429 and report vandalism immediately to the Public Works Department at 625–9480. LEAGUE will not attempt to remove Graffiti or make repairs to building. LEAGUE shall furnish and supply personnel to conduct and supervise LEAGUE activities on the premises. s. If LEAGUE elects to use lights for activities conducted after dark, the CITY will provide electrical services associated with lights at no charge to the LEAGUE.
t. To deposit, with the CITY representative, the sum of Five Hundred Dollars ($500) as a security deposit, to ensure the proper and prompt payment of any incurred damages to facilities associated with the LEAGUE. In the event all potential damages are paid by the end of this Agreement term, the deposit will be refunded.
u. To provide the CITY representative with a list of the Board of Directors, including names, addresses, and telephone numbers.
v. To provide CITY with participant rosters, practice and game schedules.

Fields will be allocated to the League accordingly. The City reserves the right to allocate any field not in use by the League. Also, sixty percent of league participants must live in Montclair and provide verification such as registration forms.
w. To provide CITY with financial statements upon request for audit purposes. x. To designate one individual as the LEAGUE's representative to work with the CITY's representative.

MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 66 of 164 MONTCLAIR LITTLE LEAGUE – SARATOGA PARK AGREEMENT NO. 26–55 4 of 7
y. This Agreement is subject to the terms and conditions of any master lease CITY may have with another public agency, of which LEAGUE had knowledge. aa. It is agreed that LEAGUE may use said baseball fields from September 1, 2026 through December 18, 2026, Mondays through Fridays generally commencing at 4:00 p.m. and Saturdays, generally commencing at 8:00 a.m.

No games or activities will be conducted past 9:45 p.m. bb. PUBLIC LIABILITY AND PROPERTY DAMAGE: Throughout the term of this Agreement, at LEAGUE's sole cost and expense, LEAGUE shall keep, or cause to be kept, in full force and effect, for the mutual benefit of CITY and LEAGUE, comprehensive, broad form, general public liability insurance against claims and liabilities for personal injury, death, or property providing proof of at least One Million Dollars ($1,000,000) for bodily injury or death to any one person or for any one accident or occurrence, and at least Three Hundred Thousand Dollars ($300,000) for property damage. All insurance required by this Agreement shall be carried only by responsible insurance companies duly admitted to transact business in the State of California and shall name as additional insured the CITY, its elected officials, officers, employees, and agents. All policies shall contain language, to the extent obtainable, to the effect that (1) the insurer and the insured waive the right of subrogation against CITY and CITY's elected officials, officers, employees, and agents; (2) the policies are primary and non contributing with any insurance that may be carried by CITY; and (3) they cannot be canceled or materially changed except after thirty (30) days' notice, in writing, by the insurer to CITY by certified mail. LEAGUE shall furnish CITY with copies of such policies promptly upon receipt of them or certificate(s) evidencing the insurance.
cc. INDEMNIFICATION: LEAGUE shall defend, indemnify and save harmless CITY, its elected and appointed officials, officers, agents, and employees from all liability from loss, damage, or injury to persons or property including the payment by LEAGUE of any and all legal costs and attorneys' fees in any manner arising out of any negligent or intentional or willful acts or omissions of the LEAGUE in the activities, use, or occupancy of the PREMISES including, but not limited to, all consequential damages to the maximum extent permitted by law.
dd. It is understood and agreed that there is no relationship of employer– employee for Workers' Compensation purposes between CITY and any person connected with the LEAGUE, unless such person is otherwise regularly employed by and conducting official business of CITY. ee. To conduct all operations in compliance with the Americans with Disabilities Act.
ff. LEAGUE shall provide CITY with at least two (2) weeks' notice for room reservations for use of CITY facilities for LEAGUE meetings.

MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 67 of 164 MONTCLAIR LITTLE LEAGUE – SARATOGA PARK AGREEMENT NO. 26–55 5 of 7
gg. LEAGUE may place banners up on weekdays and Saturdays, but they must be removed by the close of Saturday each week. Banners are not allowed to stay up on Sundays. Banners must be no greater than 3 feet by 5 feet.

Banners will be attached to outfield chain link fence using clip on rings.

Banner clearance from turf is a minimum of 2 inches. The City will determine if a banner is past its useful life due to sun fade, rips, graffiti, etc., and will notify LEAGUE of said issue. LEAGUE will have 24 hours to remove said banner. The CITY has the right to remove and dispose of any banner that is not displayed following the above mentioned procedures. hh. LEAGUE may place shade cloth as necessary to dug outs on weekdays and Saturdays, but they must be removed by the close of Saturday each week.

Shade cloth is not allowed to stay up on Sundays. Shade cloth must be no greater than what may be required to provide adequate coverage over dug outs. Shade cloth will be attached to dug out structure using clip on rings.

The City will determine if a shade cloth is past its useful life due to sun fade, rips, graffiti, etc. and will notify LEAGUE of said issue. LEAGUE will have 24 hours to remove said shade cloth. The CITY has the right to remove and dispose of any shade cloth that is not displayed following the above mentioned procedures. If LEAGUE does not remove or replace shade cloth as requested by CITY within 24 hours, CITY may prohibit use of fields and snack bar facilities to LEAGUE until request has been met. ii. Locks are issued by the City to secure areas of the park and have access to those areas such as snack bar shutters for maintenance. If locks are needed to replace a lost or damaged lock contact the City immediately. The League at no time shall use personal locks to secure any area. If a personal lock is found the League will be notified and will have 24 hours to remove it. If not removed the City will remove it by any means necessary and the City will not be held responsible for the League’s lock.

SECTION 2: CITY hereby agrees as follows:
a. To maintain the periphery of the premises, including shrubs and trees, and mow all grass on a year–round basis.
b. To pay for all water used on premises.
c. To have full control over watering the entire premises. LEAGUE shall not adjust or readjust or otherwise change the sprinkler system or water control facilities.
d. To provide emergency call–out telephone numbers for use by LEAGUE. A Contact List containing the emergency telephone numbers is attached. e. To provide to LEAGUE, inventory list of equipment in snack bar and meeting areas; to provide inspection of those areas and equipment at the end of the agreement period.
f. Upon approval of the Director of Human Services, LEAGUE's cleaning deposit shall rollover any unused monies into the next Agreement.

MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 68 of 164 MONTCLAIR LITTLE LEAGUE – SARATOGA PARK AGREEMENT NO. 26–55 6 of 7
g. To designate a CITY representative to work with LEAGUE on all non-maintenance issues relating to the use of CITY facilities. h. To provide alarm service at no charge to LEAGUE.

NOW, THEREFORE, if any terms of this Agreement are not complied with, the Agreement will become null and void and the LEAGUE will be refused use of CITY facilities. The CITY may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the LEAGUE at least ten (10) days prior written notice.

APPROVED AND ADOPTED this day of , 2026.

LEAGUE: CITY:

MONTCLAIR LITTLE LEAGUE CITY OF MONTCLAIR
President Javier John Dutrey
Mayor
Secretary
ATTEST:

Andrea M. Myrick
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 69 of 164 AGREEMENT NO. 26–55
7 of 7

CITY OF MONTCLAIR

CONTACT LIST FOR SPORTS LEAGUES
SEPTEMBER 2026
Reason for
Contact Authority Contact TelephoneNumber
After–Hours/
Emergency
Montclair Police
Department Dispatch (909) 621–47719–1–1 (Emergency)
Sports League
Administration
City’s Sports League
Liaison
Fernando
Saltos (909) 625–9496
Building
Maintenance
Pub. Works
Facilities/Maint. Asst.

Manager
Mathew
Paradis
Office: (909) 625–9443
Cell: (909) 721–1860
Grounds
Maintenance
Public Works
Operations Asst.

Manager
Alex
Cardona
Office: (909) 625–9467
Cell: (909) 762–1372
Vandalism Public Works
Department (909) 625–9480
Graffiti
Removal
Graffiti Abatement
Hotline (909) 625–9429
MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 70 of 164 1 of 7
AGREEMENT NO. 26–56

WITH MONTCLAIR LITTLE LEAGUE

FOR USE OF KINGSLEY PARK
THIS AGREEMENT is made and entered into by and between the City of Montclair, hereinafter called "CITY," and Montclair Little League, hereinafter called "LEAGUE." This Agreement is contingent upon the LEAGUE fulfilling its prior contract's financial obligations and paying any and all outstanding invoices owed to the CITY. Use of any and all facilities listed herein may not be used until all fees have been paid.

WITNESSETH:

WHEREAS, CITY presently has a baseball field generally located at the northwest end of Kingsley Elementary School at Benson Avenue and Kingsley Street, Montclair, California, and
WHEREAS, said Park has been developed to provide areas for youth sports, on which premises LEAGUE desires to use for Junior/Senior Little League baseball practices and games at such times and hours set forth in Section 1(y). The term of this Agreement is for September 1, 2026 through December 18, 2026.

SECTION 1: LEAGUE hereby agrees as follows:
a. Provide CITY a list of all your participants and coaches. All must sign CITY approved waiver and submit to CITY liaison prior to participating. b. Not to use the premises for any other purpose, except as above indicated.

Opening and closing ceremonies will be permitted. Any other events or clinics will require written notice one month in advance for approval. The League shall not hold special events which conflict with City sponsored community special events. No League activities are permitted during City observed holidays.
c. Not to sublet the field.
d. Not to make any improvements or alterations or mow grass on said premises.
e. Not to charge for parking of vehicles in the parking lots located within CITY facilities and not to park in the fields or walkways.
f. Not to erect any barriers or fences of any kind unless approved by CITY. g. Not to use herbicides at the park for any purpose.

MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 71 of 164 MONTCLAIR LITTLE LEAGUE – KINGSLEY PARK AGREEMENT NO. 26–56 2 of 7
h. Not to disconnect or make changes to existing phone line account. i. Not to allow hitting balls into the chain link fences for batting practice. j. To provide the CITY with a written list of all items to be stored in park buildings. No items should be stored in rest room facilities, except rest room supplies. Any items found to be stored in buildings without prior written authorization from the CITY will be removed by city crews with or without prior notice to LEAGUE. Any cost incurred by the CITY by removing, storing, or disposal of said property shall be the responsibility of LEAGUE. k. CITY to maintain restroom facilities and CITY to furnish all supplies for each well- maintained restroom. LEAGUE to police the entire premises after each day's use and dispose of all paper, trash, and other debris in the dumpster that may have accumulated and leave the premises in a condition deemed acceptable to CITY. This work shall be completed within two hours after an activity has ended. If the premises are not maintained as stated a contracted cleaning agency will be hired by the CITY and the LEAGUE will be responsible for all fees related to the service.
l. To maintain all equipment and appliances within the snack bar and snack bar building at all times. To clean all sinks, grills, screens, exhaust hoods, mop all floors and clean countertops and utensils after each day’s use and leave the snack bar in a condition deemed acceptable to CITY. The snack bar area should not be used for storage of any materials not pertaining to food items used for snack bar operations.
m. To ensure when a barbecue is used (a permit is required to be obtained by Department of Public Health), it is set up a minimum of ten feet away from any structure and LEAGUE must provide one fire extinguisher for each barbecue being used. All safety and health regulations set forth by the County of San Bernardino Department of Public Health must be followed.

LEAGUE must also ensure that a drip pan be used and ensure barbecue has completely cooled down before returning to storage in any CITY structure. n. To deposit, with the CITY representative, the sum of Three Hundred Dollars ($300) as a refundable cleaning deposit to ensure the proper care and cleanup of the snack bar, restrooms, meeting areas, towers, and equipment therein. At the end of the playing season, an inspection shall be conducted by CITY and LEAGUE representatives to ensure that all areas and CITY– owned equipment have been properly cared for, maintained and cleaned. All non–CITY–owned equipment, with exception of refrigerators, freezers, and ice machines shall be removed from snack bar areas. Refrigerators, freezers, and ice machines owned by LEAGUE shall be cleaned out, doors left open, and electrical turned off. Any food items left in the refrigerators and/or freezers will be discarded by the CITY. Ice machines owned by CITY shall be cleaned out, serviced, and maintained by CITY.
o. To conform to all safety and health regulations set forth by the County of San Bernardino Department of Public Health and register your snack bar as MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 72 of 164 MONTCLAIR LITTLE LEAGUE – KINGSLEY PARK AGREEMENT NO. 26–56 3 of 7
Pre-packaged. Maintain all CITY–installed facilities and equipment in their original condition. Failure to comply with these requirements will result in a breach of this Agreement and the loss of the use of the premises. p. To follow proper call–out procedures in an emergency (an urgent need for assistance or some type of immediate action) by using only telephone numbers issued for this purpose. A Contact List containing the emergency telephone numbers is attached.
q. LEAGUE agrees to assist CITY in keeping order in the park area and to provide responsible supervision as may be necessary to prevent vandalism or malicious mischief to the property including for graffiti removal on buildings within 24 hours of notification, contact Graffiti Abatement Hotline at 625–9429 and report vandalism immediately to the Public Works Department at 625–9480. LEAGUE will not attempt to remove Graffiti or make repairs to building. LEAGUE shall furnish and supply personnel to conduct and supervise LEAGUE activities on the premises. r. If LEAGUE elects to use lights for activities conducted after dark, the CITY will provide electrical services associated with lights at no charge to the LEAGUE.
s. To deposit, with the CITY representative, the sum of Five Hundred Dollars ($500) as a security deposit, to ensure the proper and prompt payment of any incurred damages to facilities associated with the LEAGUE. In the event all potential damages are paid by the end of this Agreement term, the deposit will be refunded.
t. To provide the CITY representative with a list of the Board of Directors including names, addresses, and telephone numbers.
u. To provide CITY with participant rosters, practice and game schedules.

Fields will be allocated to the League accordingly. The City reserves the right to allocate any field not in use by the League. Also, sixty percent of league participants must live in Montclair and provide verification such as registration forms.
v. To provide CITY with financial statements upon request for audit purposes. w. To designate one individual as the LEAGUE's representative to work with the CITY's representative.
x. This Agreement is subject to the terms and conditions of any master lease CITY may have with another public agency of which LEAGUE had knowledge. y. It is agreed that LEAGUE may use said baseball fields from September 1, 2026 through December 18, 2026, Mondays through Fridays generally commencing at 4:00 p.m. and Saturdays generally commencing at 8:00 a.m.. No games or activities will be conducted past 9:45 p.m.

MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 73 of 164 MONTCLAIR LITTLE LEAGUE – KINGSLEY PARK AGREEMENT NO. 26–56 4 of 7
z. PUBLIC LIABILITY AND PROPERTY DAMAGE: Throughout the term of this Agreement, at LEAGUE's sole cost and expense, LEAGUE shall keep, or cause to be kept in full force and effect for the mutual benefit of CITY and LEAGUE comprehensive, broad form, general public liability insurance against claims and liabilities for personal injury, death, or property providing proof of at least One Million Dollars ($1,000,000) for bodily injury or death to any one person or for any one accident or occurrence and at least Three Hundred Thousand Dollars ($300,000) for property damage. All insurance required by this Agreement shall be carried only by responsible insurance companies duly admitted to transact business in the State of California and shall name as additional insured the CITY, its elected officials, officers, employees, and agents. All policies shall contain language, to the extent obtainable, to the effect that (1) the insurer and the insured waive the right of subrogation against CITY and CITY's elected officials, officers, employees, and agents; (2) the policies are primary and noncontributing with any insurance that may be carried by CITY; and (3) they cannot be canceled or materially changed except after thirty (30) days' notice in writing by the insurer to CITY by certified mail. LEAGUE shall furnish CITY with copies of such policies promptly upon receipt of them, or certificate(s) evidencing the insurance. aa. INDEMNIFICATION: LEAGUE shall defend, indemnify, and save harmless CITY, its elected and appointed officials, officers, agents, and employees from all liability from loss, damage, or injury to persons or property including the payment by LEAGUE of any and all legal costs and attorneys' fees in any manner arising out of any negligent or intentional or willful acts or omissions of the LEAGUE in the activities, use, or occupancy of the PREMISES including, but not limited to, all consequential damages to the maximum extent permitted by law.
bb. It is understood and agreed that there is no relationship of employer– employee for Workers' Compensation purposes between CITY and any person connected with the LEAGUE, unless such person is otherwise regularly employed by and conducting official business of CITY. cc. To conduct all operations in compliance with the Americans with Disabilities Act.
dd. LEAGUE shall provide CITY with at least two (2) weeks' notice for room reservations for use of CITY facilities for LEAGUE meetings. ee. LEAGUE may place banners up on weekdays and Saturdays, but they must be removed by the close of Saturday each week. Banners are not allowed to stay up on Sundays. Banners must be no greater than 3’X 5’. Banners will be attached to outfield chain link fence using clip on rings. Banner clearance from turf is a minimum of 2”. The City will determine if a banner is past its useful life due to sun fade, rips, graffiti, etc. and will notify LEAGUE of said issue. LEAGUE will have 24 hours to remove said banner. The CITY has the right to remove and dispose of any banner that is not displayed following the above mentioned procedures.

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ff. LEAGUE may place shade cloth as necessary to dug outs on weekdays and Saturdays, but they must be removed by the close of Saturday each week.

Shade cloth is not allowed to stay up on Sundays. Shade cloth must be no greater than what may be required to provide adequate coverage over dug outs. Shade cloth will be attached to dug out structure using clip on rings.

The City will determine if a shade cloth is past its useful life due to sun fade, rips, graffiti, etc. and will notify LEAGUE of said issue. LEAGUE will have 24 hours to remove said shade cloth. The CITY has the right to remove and dispose of any shade cloth that is not displayed following the above mentioned procedures. If LEAGUE does not remove or replace shade cloth as requested by CITY within 24 hours, CITY may prohibit use of fields and snack bar facilities to LEAGUE until request has been met. gg. Locks are issued by the City to secure areas of the park and have access to those areas such as snack bar shutters for maintenance. If locks are needed to replace a lost or damaged lock contact the City immediately. The League at no time shall use personal locks to secure any area. If a personal lock is found the League will be notified and will have 24 hours to remove it. If not removed the City will remove it by any means necessary and the City will not be held responsible for the League’s lock.

SECTION 2: CITY hereby agrees as follows:
a. To maintain the periphery of the premises, including shrubs and trees, and mow all grass on a year–round basis.
b. To pay for all water used on premises.
c. To have full control over watering the entire premises. LEAGUE shall not adjust or readjust or otherwise change the sprinkler system or water control facilities.
d. To provide emergency call–out telephone numbers for use by LEAGUE. A Contact List containing the emergency telephone numbers is attached. e. To provide to LEAGUE, inventory list of equipment in snack bar and meeting areas; to provide inspection of those areas and equipment at the end of the agreement period.
f. Upon approval of the Director of Human Services, LEAGUE's cleaning deposit shall rollover any unused monies into the next Agreement. g. To designate a CITY representative to work with LEAGUE on all nonmaintenance issues relating to the use of CITY facilities. h. To provide alarm service at no charge to LEAGUE.

MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 75 of 164 MONTCLAIR LITTLE LEAGUE – KINGSLEY PARK AGREEMENT NO. 26–56 6 of 7
NOW, THEREFORE, if any terms of this Agreement are not complied with, the Agreement will become null and void and the LEAGUE will be refused use of CITY facilities. The CITY may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the LEAGUE at least ten (10) days prior written notice.

APPROVED AND ADOPTED this day of , 2026.

LEAGUE: CITY:

MONTCLAIR LITTLE LEAGUE CITY OF MONTCLAIR
President Javier John Dutrey
Mayor
Secretary
ATTEST:

Andrea M. Myrick
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 76 of 164 AGREEMENT NO. 26–56
7 of 7

CITY OF MONTCLAIR

CONTACT LIST FOR SPORTS LEAGUES
SEPTEMBER 2026
Reason for
Contact Authority Contact TelephoneNumber
After–Hours/
Emergency
Montclair Police
Department Dispatch (909) 621–47719–1–1 (Emergency)
Sports League
Administration
City’s Sports League
Liaison
Fernando
Saltos (909) 625–9496
Building
Maintenance
Pub. Works
Facilities/Maint. Asst.

Manager
Mathew
Paradis
Office: (909) 625–9443
Cell: (909) 721–1860
Grounds
Maintenance
Public Works
Operations Asst.

Manager
Alex
Cardona
Office: (909) 625–9467
Cell: (909) 762–1372
Vandalism Public Works
Department (909) 625–9480
Graffiti
Removal
Graffiti Abatement
Hotline (909) 625–9429
MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 77 of 164 1 of 7
AGREEMENT NO. 26–57

WITH MONTCLAIR GOLDEN GIRLS SOFTBALL LEAGUE

FOR USE OF VERNON PARK
THIS AGREEMENT is made and entered into by and between the City of Montclair, hereinafter called "CITY," and Montclair Little League, hereinafter called "LEAGUE." This Agreement is contingent upon the LEAGUE fulfilling its prior contract's financial obligations and paying any and all outstanding invoices owed to the CITY. Use of any and all facilities listed herein may not be used until all fees have been paid.

WITNESSETH:

WHEREAS, CITY presently has softball fields (the east and west fields) generally located at the southeast corner of the Vernon Junior High School complex, south of the corner of Benson Avenue and San Bernardino Street, Montclair, California; and WHEREAS, said Park has been developed to provide areas for youth sports, on which premises LEAGUE desires to use for girls softball practices and games at such times and hours set forth in Section 1(y). The term of this Agreement is for September 1, 2026 through December 18, 2026.

SECTION 1: LEAGUE hereby agrees as follows:
a. Provide CITY a list of all your participants and coaches. All must sign CITY approved waiver and submit to CITY liaison prior to participating. b. Not to use the premises for any other purpose, except as above indicated.

Opening and closing ceremonies will be permitted. Any other events or clinics will require written notice one month in advance for approval. The League shall not hold special events which conflict with City sponsored community special events. No League activities are permitted during City observed holidays.
c. Not to permit practice sessions in the southeast quadrant of the field; to provide specific written notice to each coach and, in turn, obtain written confirmation from each coach.
d. Not to sublet the field.
e. Not to make any improvements or alterations or mow grass on said premises.
f. Not to charge for parking of vehicles in the parking lots located within CITY facilities and not to park in the fields or walkways.

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g. Not to erect any barriers or fences of any kind unless approved by CITY. h. Not to use herbicides at the park for any purpose.
i. Not to disconnect or make changes to existing phone line account j. To provide the CITY with a written list of all items to be stored in park buildings. No items should be stored in rest room facilities, except rest room supplies. Any items found to be stored in buildings without prior written authorization from the CITY will be removed by city crews with or without prior notice to LEAGUE. Any cost incurred by the CITY by removing, storing, or disposal of said property shall be the responsibility of LEAGUE. k. CITY to maintain restroom facilities and CITY to furnish all supplies for each well- maintained restroom. LEAGUE to police the entire premises after each day's use and dispose of all paper, trash, and other debris in the dumpster that may have accumulated and leave the premises in a condition deemed acceptable to CITY. This work shall be completed within two hours after an activity has ended. If the premises are not maintained as stated a contracted cleaning agency will be hired by the CITY and the LEAGUE will be responsible for all fees related to the service.
l. To maintain all equipment and appliances within the snack bar and snack bar building at all times. To clean all sinks, grills, screens, exhaust hoods, mop all floors and clean countertops and utensils after each day’s use and leave the snack bar in a condition deemed acceptable to CITY. The snack bar area should not be used for storage of any materials not pertaining to food items used for snack bar operations.
m. To ensure when a barbecue is used (a permit is required to be obtained by Department of Public Health), it is set up a minimum of ten feet away from any structure and LEAGUE must provide one fire extinguisher for each barbecue being used. All safety and health regulations set forth by the County of San Bernardino Department of Public Health must be followed.

LEAGUE must also ensure that a drip pan be used and ensure barbecue has completely cooled down before returning to storage in any CITY structure. n. To deposit, with the CITY representative, the sum of Three Hundred Dollars ($300) as a refundable cleaning deposit to ensure the proper care and cleanup of the snack bar, restrooms, and equipment therein. At the end of the playing season, an inspection shall be conducted by CITY and LEAGUE representatives to ensure that all areas and CITY–owned equipment have been properly cared for, maintained and cleaned. All non–CITY–owned equipment, with exception of refrigerators, freezers, and ice machines shall be removed from snack bar areas. Refrigerators, freezers, and ice machines owned by LEAGUE shall be cleaned out, doors left open, and electrical turned off. Any food items left in the refrigerators and/or freezers will be discarded by the CITY. Ice machines owned by CITY shall be cleaned out, serviced, and maintained by CITY.

MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 79 of 164 GOLDEN GIRLS SOFTBALL LEAGUE – VERNON PARK AGREEMENT NO. 26–57 3 of 7
o. To conform to all safety and health regulations set forth by the County of San Bernardino Department of Public Health and register your snackbar as Pre-packaged. Maintain all CITY–installed facilities and equipment in their original condition. Failure to comply with these requirements will result in a breach of this Agreement and the loss of the use of the premises. p. To be responsible for all costs as a result of lost or stolen keys. q. LEAGUE agrees to assist CITY in keeping order in the park area and to provide responsible supervision as may be necessary to prevent vandalism or malicious mischief to the property including for graffiti removal on buildings within 24 hours of notification, contact Graffiti Abatement Hotline at 625–9429 and report vandalism immediately to the Public Works Department at 625–9480. LEAGUE will not attempt to remove Graffiti or make repairs to building. LEAGUE shall furnish and supply personnel to conduct and supervise LEAGUE activities on the premises. r. If LEAGUE elects to use lights for activities conducted after dark, the CITY will provide electrical services associated with lights at no charge to the LEAGUE.
s. To deposit, with the CITY representative, the sum of Five Hundred Dollars ($500) as a security deposit, to ensure the proper and prompt payment of any incurred damages to facilities associated with the LEAGUE. In the event all potential damages are paid by the end of this Agreement term, the deposit will be refunded.
t. To provide the CITY representative with a list of the Board of Directors including names, addresses, and telephone numbers.
u. To provide CITY with participant rosters, practice and game schedules.

Fields will be allocated to the League accordingly. The City reserves the right to allocate any field not in use by the League. Also, sixty percent of league participants must live in Montclair and provide verification such as registration forms.
v. To provide CITY with financial statements upon request for audit purposes. w. To designate one individual as the LEAGUE's representative to work with the CITY's representative.
x. This Agreement is subject to the terms and conditions of any master lease CITY may have with another public agency of which LEAGUE had knowledge. y. It is agreed that LEAGUE may use said baseball fields from September 1, 2026 through December 18, 2026, Mondays through Fridays generally commencing at 4:00 p.m. and Saturdays generally commencing at 8:00 a.m.. No games or activities will be conducted past 9:45 p.m.

MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 80 of 164 GOLDEN GIRLS SOFTBALL LEAGUE – VERNON PARK AGREEMENT NO. 26–57 4 of 7
z. PUBLIC LIABILITY AND PROPERTY DAMAGE: Throughout the term of this Agreement, at LEAGUE's sole cost and expense, LEAGUE shall keep, or cause to be kept in full force and effect for the mutual benefit of CITY and LEAGUE comprehensive, broad form, general public liability insurance against claims and liabilities for personal injury, death, or property providing proof of at least One Million Dollars ($1,000,000) for bodily injury or death to any one person or for any one accident or occurrence and at least Three Hundred Thousand Dollars ($300,000) for property damage. All insurance required by this Agreement shall be carried only by responsible insurance companies duly admitted to transact business in the State of California and shall name as additional insured the CITY, its elected officials, officers, employees, and agents. All policies shall contain language, to the extent obtainable, to the effect that (1) the insurer and the insured waive the right of subrogation against CITY and CITY's elected officials, officers, employees, and agents; (2) the policies are primary and noncontributing with any insurance that may be carried by CITY; and (3) they cannot be canceled or materially changed except after thirty (30) days' notice in writing by the insurer to CITY by certified mail. LEAGUE shall furnish CITY with copies of such policies promptly upon receipt of them, or certificate(s) evidencing the insurance. aa. INDEMNIFICATION: LEAGUE shall defend, indemnify and save harmless CITY, its elected and appointed officials, officers, agents, and employees from all liability from loss, damage, or injury to persons or property including the payment by LEAGUE of any and all legal costs and attorneys' fees in any manner arising out of any negligent or intentional or willful acts or omissions of the LEAGUE in the activities, use, or occupancy of the PREMISES including, but not limited to, all consequential damages, to the maximum extent permitted by law.
bb. It is understood and agreed that there is no relationship of employer– employee for Workers' Compensation purposes between CITY and any person connected with the LEAGUE, unless such person is otherwise regularly employed by and conducting official business of CITY. cc. To conduct all operations in compliance with the Americans with Disabilities Act.
dd. LEAGUE shall provide CITY with at least two (2) weeks' notice for room reservations for use of CITY facilities for LEAGUE meetings. ee. LEAGUE may place banners up on weekdays and Saturdays, but they must be removed by the close of Saturday each week. Banners are not allowed to stay up on Sundays. Banners must be no greater than 3’X 5’. Banners will be attached to outfield chain link fence using clip on rings. Banner clearance from turf is a minimum of 2”. The City will determine if a banner is past its useful life due to sun fade, rips, graffiti, etc. and will notify LEAGUE of said issue. LEAGUE will have 24 hours to remove said banner. The CITY has the right to remove and dispose of any banner that is not displayed following the above mentioned procedures.

MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 81 of 164 GOLDEN GIRLS SOFTBALL LEAGUE – VERNON PARK AGREEMENT NO. 26–57 5 of 7
ff. LEAGUE may place shade cloth as necessary to dug outs on weekdays and Saturdays, but they must be removed by the close of Saturday each week.

Shade cloth is not allowed to stay up on Sundays. Shade cloth must be no greater than what may be required to provide adequate coverage over dug outs. Shade cloth will be attached to dug out structure using clip on rings.

The City will determine if a shade cloth is past its useful life due to sun fade, rips, graffiti, etc. and will notify LEAGUE of said issue. LEAGUE will have 24 hours to remove said shade cloth. The CITY has the right to remove and dispose of any shade cloth that is not displayed following the above mentioned procedures. If LEAGUE does not remove or replace shade cloth as requested by CITY within 24 hours, CITY may prohibit use of fields and snack bar facilities to LEAGUE until request has been met. gg. Locks are issued by the City to secure areas of the park and have access to those areas such as snack bar shutters for maintenance. If locks are needed to replace a lost or damaged lock contact the City immediately. The League at no time shall use personal locks to secure any area. If a personal lock is found the League will be notified and will have 24 hours to remove it. If not removed the City will remove it by any means necessary and the City will not be held responsible for the League’s lock.

SECTION 2: CITY hereby agrees as follows:
a. To maintain the periphery of the premises, including shrubs and trees, and mow all grass on a year–round basis.
b. To pay for all water used on premises.
c. To have full control over watering the entire premises. LEAGUE shall not adjust or readjust or otherwise change the sprinkler system or water control facilities.
d. To provide emergency call–out telephone numbers for use by LEAGUE.

A Contact List containing the emergency telephone numbers is attached.
e. Upon approval of the Director of Human Services, LEAGUE's cleaning deposit shall rollover any unused monies into the next Agreement. f. To designate a CITY representative to work with LEAGUE on all non– maintenance issues relating to the use of CITY facilities.

MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 82 of 164 GOLDEN GIRLS SOFTBALL LEAGUE – VERNON PARK AGREEMENT NO. 26–57 6 of 7
NOW, THEREFORE, if any terms of this Agreement are not complied with, the Agreement will become null and void and the LEAGUE will be refused use of CITY facilities. The CITY may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the LEAGUE at least ten (10) days prior written notice.

APPROVED AND ADOPTED this day of , 2026.

LEAGUE: CITY:

GOLDEN GIRLS SOFTBALL CITY OF MONTCLAIR
President Javier John Dutrey
Mayor
Secretary
ATTEST:

Andrea M. Myrick
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 83 of 164 AGREEMENT NO. 26–57
7 of 7

CITY OF MONTCLAIR

CONTACT LIST FOR SPORTS LEAGUES
SEPTEMBER 2026
Reason for
Contact Authority Contact TelephoneNumber
After–Hours/
Emergency
Montclair Police
Department Dispatch (909) 621–47719–1–1 (Emergency)
Sports League
Administration
City’s Sports League
Liaison
Fernando
Saltos (909) 625–9496
Building
Maintenance
Pub. Works
Facilities/Maint. Asst.

Manager
Mathew
Paradis
Office: (909) 625–9443
Cell: (909) 721–1860
Grounds
Maintenance
Public Works
Operations Asst.

Manager
Alex
Cardona
Office: (909) 625–9467
Cell: (909) 762–1372
Vandalism Public Works
Department (909) 625–9480
Graffiti
Removal
Graffiti Abatement
Hotline (909) 625–9429
MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 84 of 164

CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 17, 2026
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 2
FILE I.D.: HSV070, SCH500
DEPT.: HUMAN SVCS.

PREPARER: F. SALTOS
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 26–58 WITH ONTARIO–MONTCLAIR

SCHOOL DISTRICT FOR USE OF BALL FIELD FACILITIES AT SARATOGA PARK REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 26–58 with Ontario–Montclair School District for use of ball field facilities at Saratoga Park.

A copy of proposed Agreement No. 26–58 is attached for City Council review and consideration.

BACKGROUND: Ontario–Montclair School District is requesting the use of baseball fields in Saratoga Park (two northern and two southern fields) generally located at the southwest corner of Vernon Avenue and Kingsley Street on weekdays for its baseball activities. Saturday and Sunday field use by OMSD is not permitted. This would also include the use of the restroom facilities.

FISCAL IMPACT: Approval of the proposed Agreement would result in no additional cost to the City as field lighting, alarm, and restroom cleaning fees are budgeted through Public Works Department. Maintenance costs for the fields are incorporated in the Fiscal Year 2026–27 Budget. The terms of proposed Agreement No. 26–58 with Ontario– Montclair School District are from August 18, 2026, through December 18, 2026.

RECOMMENDATION: Staff recommends the City Council approve Agreement No. 26–58 with Ontario–Montclair School District for use of ball field facilities at Saratoga Park.

MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 85 of 164 1 of 5
AGREEMENT NO. 26–58
WITH ONTARIO–MONTCLAIR SCHOOL DISTRICT

FOR USE OF SARATOGA PARK
THIS AGREEMENT is made and entered into by and between the City of Montclair, hereinafter called "CITY," and Ontario–Montclair School District, hereinafter called "OMSD."
WITNESSETH:

WHEREAS, CITY presently has baseball fields in Saratoga Park (two northern and two southern fields) generally located at the southwest corner of Vernon Avenue and Kingsley Street, Montclair, California, and
WHEREAS, said Park has been developed to provide areas for youth sports practices and games, on which premises OMSD desires to use for Youth Baseball activities at such times and hours set forth in Section 1(p). The term of this Agreement is for August 18, 2026, through December 18, 2026.

SECTION 1: OMSD hereby agrees as follows:
a. Provide CITY a list of OMSD contact information (Chain of command) in relation to the request to use Saratoga Park including name, email, and telephone numbers.
b. Not to use the premises for any other purpose, except as above indicated.

Any other events or clinics will require written notice one month in advance for approval. OMSD shall not hold special events which conflict with City sponsored community special events. No League activities are permitted during City observed holidays.
c. Not to sublet the field.
d. Not to make any improvements or alterations or mow grass on said premises.
e. Not to charge for parking of vehicles in the parking lots located within CITY facilities and not to park in the fields or walkways.
f. Not to erect any barriers or fences of any kind unless approved by CITY. g. Not to use herbicides at the park for any purpose.
h. Not to disconnect or make changes to existing phone line account. i. Not to allow hitting balls into the chain link fences for batting practice.

MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 86 of 164 OMSD – SARATOGA PARK AGREEMENT NO. 26–58
2 of 5
j. No items should be stored in restroom facilities, except restroom supplies.

Any items found to be stored in buildings without prior written authorization from the CITY will be removed by city crews with or without prior notice to OMSD. Any cost incurred by the CITY by removing, storing, or disposal of said property shall be the responsibility of OMSD.
k. CITY to maintain restroom facilities. OMSD to police the entire premises after each day's use and dispose of all paper, trash, and other debris in the dumpster that may have accumulated and leave the premises in a condition deemed acceptable to CITY. This work shall be completed within two hours after an activity has ended. If the premises are not maintained as stated a contracted cleaning agency will be hired by the CITY and OMSD will be responsible for all fees related to the service.
l. To follow proper call–out procedures in an emergency (an urgent need for assistance or some type of immediate action) by using only telephone numbers issued for this purpose. A Contact List containing the emergency telephone numbers is attached.
m. OMSD agrees to assist CITY in keeping order in the park area and to provide responsible supervision as may be necessary to prevent vandalism or malicious mischief to the property including for graffiti removal on buildings within 24 hours of notification, contact Graffiti Abatement Hotline at 625–9429 and report vandalism immediately to the Public Works Department at 625–9480. OMSD will not attempt to remove Graffiti or make repairs to building. OMSD shall furnish and supply personnel to conduct and supervise OMSD activities on the premises.
n. To provide CITY with practice and game schedules. Fields will be allocated to OMSD after Community Partners have selected their days and times for practice and games. OMSD will be notified what fields and times are available. The City reserves the right to allocate any field not in use by OMSD. All participants must be enrolled in OMSD.
o. To designate one individual as the OMSD representative to work with the CITY's representative.
p. It is agreed that OMSD may use said baseball fields from August 18, 2026 through December 18, 2026, Mondays through Fridays generally commencing at 2:30 p.m. and no weekend activities.
q. PUBLIC LIABILITY AND PROPERTY DAMAGE: Throughout the term of this Agreement, at OMSD’s sole cost and expense, OMSD shall keep, or cause to be kept, in full force and effect, for the mutual benefit of CITY and OMSD, comprehensive, broad form, general public liability insurance against claims and liabilities for personal injury, death, or property providing proof of at least One Million Dollars ($1,000,000) for bodily injury or death to any one person or for any one accident or occurrence, and at least Three Hundred Thousand Dollars ($300,000) for property damage. All insurance required by this Agreement shall be carried only by responsible insurance companies MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 87 of 164 OMSD – SARATOGA PARK AGREEMENT NO. 26–58
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duly admitted to transact business in the State of California and shall name as additional insured the CITY, its elected officials, officers, employees, and agents. All policies shall contain language, to the extent obtainable, to the effect that (1) the insurer and the insured waive the right of subrogation against CITY and CITY's elected officials, officers, employees, and agents; (2) the policies are primary and non contributing with any insurance that may be carried by CITY; and (3) they cannot be canceled or materially changed except after thirty (30) days' notice, in writing, by the insurer to CITY by certified mail. OMSD shall furnish CITY with copies of such policies promptly upon receipt of them or certificate(s) evidencing the insurance. r. INDEMNIFICATION: OMSD shall defend, indemnify and save harmless CITY, its elected and appointed officials, officers, agents, and employees from all liability from loss, damage, or injury to persons or property including the payment by OMSD of any and all legal costs and attorneys' fees in any manner arising out of any negligent or intentional or willful acts or omissions of the OMSD in the activities, use, or occupancy of the premises including, but not limited to, all consequential damages to the maximum extent permitted by law.
s. It is understood and agreed that there is no relationship of employer– employee for Workers' Compensation purposes between CITY and any person connected with OMSD, unless such person is otherwise regularly employed by and conducting official business of CITY.
t. To conduct all operations in compliance with the Americans with Disabilities Act.

SECTION 2: CITY hereby agrees as follows:
a. To maintain the periphery of the premises, including shrubs and trees, and mow all grass on a year–round basis.
b. To pay for all water used on premises.
c. To have full control over watering the entire premises. OMSD shall not adjust or readjust or otherwise change the sprinkler system or water control facilities.
d. To provide emergency call–out telephone numbers for use by OMSD. A Contact List containing the emergency telephone numbers is attached. e. To designate a CITY representative to work with OMSD on all non– maintenance issues relating to the use of CITY facilities.

MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 88 of 164 OMSD – SARATOGA PARK AGREEMENT NO. 26–58
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NOW, THEREFORE, if any terms of this Agreement are not complied with, the Agreement will become null and void and OMSD will be refused use of CITY facilities.

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

APPROVED AND ADOPTED this 17th day of August, 2026.

AGENCY: CITY:

ONTARIO–MONTCLAIR SCHOOL DISTRICT CITY OF MONTCLAIR
Phil Hillman Javier John Dutrey
Chief Business Official Mayor
ATTEST:

Andrea M. Myrick
City Clerk
APPROVED AS TO FORM:

Diane E. Robbins
City Attorney
MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 89 of 164 AGREEMENT NO. 26–58
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CITY OF MONTCLAIR

CONTACT LIST FOR SPORTS LEAGUES
AUGUST 2026
Reason for
Contact Authority Contact TelephoneNumber
After–Hours/
Emergency
Montclair Police
Department Dispatch (909) 621–47719–1–1 (Emergency)
Sports League
Administration
City’s Sports League
Liaison
Fernando
Saltos (909) 625–9496
Building
Maintenance
Pub. Works
Facilities/Maint. Asst.

Manager
Mathew
Paradis
Office: (909) 625–9443
Cell: (909) 721–1860
Grounds
Maintenance
Public Works
Operations Asst.

Manager
Alex
Cardona
Office: (909) 625–9467
Cell: (909) 762–1372
Vandalism Public Works
Department (909) 625–9480
Graffiti
Removal
Graffiti Abatement
Hotline (909) 625–9429
MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 90 of 164

CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 17, 2026
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 3
FILE I.D.: EDD100
DEPT.: ECONOMIC DEV.

PREPARER: M. FUENTES
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 26–59 WITH UNIVERSITY ENTERPRISES

CORPORATION AT CALIFORNIA STATE UNIVERSITY SAN BERNARDINO TO PROVIDE

TECHNICAL ASSISTANCE AND OUTREACH SERVICES TO SMALL BUSINESSES, SUBJECT

TO ANY REVISIONS DEEMED NECESSARY BY THE CITY ATTORNEY
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 26–59 with University Enterprises Corporation at California State University San Bernardino to provide technical assistance and outreach services to small businesses.

A copy of proposed Agreement No. 26–59 is attached for City Council review and consideration.

BACKGROUND: The University Enterprises Corporation at California State University San Bernardino (UEC) is a 501(c)(3) nonprofit corporation that provides a vast array of technical assistance to small businesses and aspiring entrepreneurs throughout the Inland Empire and functions as the business enterprise center for California State University San Bernardino (CSUSB).

UEC serves as the grantee for federal, state, and local funding for research and sponsored projects for CSUSB.

UEC partners with the Inland Empire Center for Entrepreneurship, California State University San Bernardino (Small Business Development Center, Women’s Business Development Center, and Inland Center for Entrepreneurship CSUSB), California State University San Bernardino, America’s Small Business Development Center, and United States Small Business Administration.

Under Agreement No. 26–59, UEC contracts for itself and on behalf of the Inland Empire Small Business Development Center (IESBDC), which delivers the business assistance services described below.

Agreement No. 26–59 would provide funding to the UEC, a partner agency, for the following services to support small businesses and aspiring entrepreneurs in the Montclair community.
a. Provide technical assistance related to business planning, loan proposals, finance, bookkeeping, taxes and licenses, marketing, management, human resources, and government procurement procedures.
b. Provide business seminars and workshops to residents and businesses. c. Monitor and aid in the retention, expansion and development of existing businesses.
d. Advise and counsel businesses about business plan development, start–up requirements, business management, and expansion strategies.

MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 91 of 164 e. Advise and counsel businesses related to marketing, advertising, financial analysis, and human resources management.
f. Advise and counsel businesses related to government procurements, funding sources, resources referrals, patents, trademarks, and copyrights. g. Advise and counsel businesses related to loan applications, buying and selling a business, franchising, and social media and internet marketing. h. Provide for the support and nurturing of businesses and the development of an entrepreneurial environment through cooperation with other local, county, state, and federal economic development organizations. i. Provide programming tailored to the local business community, including hosting a minimum of four (4) business workshops for residents and businesses at a designated CITY facility or such other places as designated by the CITY; providing one–on–one technical assistance sessions to a minimum of ten (10) CITY businesses, resulting in at least three (3) reoccurring clients; and hosting one (1) Small Business Development Seminar Series in collaboration with the CITY.
j. Include City of Montclair businesses in the SBDC’s existing surveys, with results identifying Montclair–specific priorities for technical assistance.

Findings will be used to develop targeted workshops, counseling services, and resource programs that address the specific needs of the local business community and support business retention, growth, and resilience, helping to ensure that future SBDC resources and programming are responsive to the local business community and aligned with the City’s economic development goals.
k. Attend the Montclair Chamber of Commerce breakfast meeting as well as other networking events periodically hosted by the Montclair Chamber of Commerce.
l. Serve as a featured presenter at two (2) evening networking events hosted by the Montclair Chamber of Commerce, to be held in the City of Montclair.

The events will be promoted to Montclair–area businesses and community partners, and the SBDC will further support outreach efforts by promoting the events to its own network of clients, partners, and stakeholders to broaden attendance and visibility.
m. Share a written overview of the SBDC’s planned outreach efforts and end–of– year planned outcomes to the Montclair community, allowing the CITY to help amplify these services to area businesses.
n. Work with the CITY to actively promote the partnership, including highlighting the SBDC’s office location in Montclair, so businesses can easily find and access resources, counseling, and other support services. Joint marketing materials and event flyers will feature both the City’s and the SBDC’s logos.
o. Provide the CITY with a calendar of events and timely invitations to events and activities targeting CITY residents and businesses. p. Provide a quarterly update within fifteen (15) days following the commencement of each quarter, and submit an annual report summarizing the status of the partnership’s activities, measurable outcomes, and overall impact. The annual report shall distinguish between CITY and non–CITY MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 92 of 164 businesses and shall include, at a minimum, the number of clients assisted; the number of long–term client engagements; the total number of counseling hours provided; the number and types of training events conducted; the number of one–on–one technical assistance sessions provided; the amount of capital accessed by clients; additional client success metrics; and data related to job creation and retention assistance.

The initial term of Agreement No. 26–59 is one year, commencing July 1, 2026, and continuing through June 30, 2027, and the Agreement may be renewed annually.

Services will be administered largely at the IESBDC office located at 9916 Central Avenue, Montclair, California 91763, and/or at a designated CITY facility.

University Enterprises Corporation at Cal. State University San Bernardino UEC provides no–cost extensive long–term professional business advising, low–cost training, and other specialized services to local businesses and residents.

Beyond its core services, the UEC provides specialized assistance in QuickBooks, franchise and service–based operations, government contracting, website search engine optimization, and securing funding from both traditional and nontraditional sources.

UEC staff members include certified QuickBooks ProAdvisors who can assist businesses with accounting systems, marketing specialists who can help businesses attract new clients and increase sales, loan consultants with lending preference knowledge, tax specialist for personnel, self–employment, etc., and procurement specialists who can help business bid on local, state, and federal solicitations.

UEC partners with the Economic Development Departments of San Bernardino and Riverside Counties, and the Cities of Chino, Hesperia, Moreno Valley, Rancho Cucamonga, Riverside, San Bernardino, Victorville, and Upland. UEC is also currently negotiating agreements with several other surrounding agencies.

FISCAL IMPACT: Proposed Agreement No. 26–59 with UEC would result in a cost to the City of Montclair of $20,000 annually, payable in equal quarterly payments of $5,000 on or before the 30th day of the beginning of each quarter.

The costs associated with Agreement No. 26–59 were incorporated in the Fiscal Year 2026–2027 Budget in the Economic Development Agency Budget.

RECOMMENDATION: Staff recommends that the City Council approve Agreement No. 26–59 with the University Enterprises Corporation at California State University San Bernardino to provide technical assistance and outreach services to small businesses, subject to any revisions deemed necessary by the City Attorney.

MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 93 of 164 AGREEMENT NO. 26–59

ECONOMIC DEVELOPMENT AGREEMENT

BETWEEN THE CITY OF MONTCLAIR

AND UNIVERSITY ENTERPRISES CORPORATION AT CSUSB
THIS ECONOMIC DEVELOPMENT AGREEMENT ("Agreement") is made and entered into this 1st day of July, 2026, by the City of Montclair, hereinafter referred to as the ("CITY") and University Enterprises Corporation at CSUSB, hereinafter referred to as (“UEC”), for itself and on behalf of Inland Empire Small Business Development Center, hereinafter referred to as the ("IESBDC").

1. RECITALS
a. The parties hereto agree that it is the best interest of the CITY and the UEC to provide business–related technical assistance to residents and business owners located in the CITY through an Agreement renewed annually by the close of each current fiscal year.
b. The parties hereto agree that all funding provided by the CITY for this venture will be expended to fulfill a public purpose, that is economic development, and that periodic auditing will be performed in order to assure that the funds provided by the CITY will be utilized only for public purposes as set forth herein.

2. AGREEMENT
a. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the receipt and sufficiency of which are hereby acknowledged by the parties, the parties here to agree as follows:

ARTICLE 1 – RECITALS
The parties acknowledge and agree that above state recitals are true and correct and incorporated herein by reference.

ARTICLE 2 – SERVICES
The UEC desires to provide business–related technical assistance to residents and business owners located in the CITY, which shall include, but are not limited to the following:
a. Provide technical assistance related to business planning, loan proposals, finance, bookkeeping, taxes and licenses, marketing, management, human resources, and government procurement procedures.
b. Provide business seminars and workshops to residents and businesses. c. Monitor and aid in the retention, expansion and development of existing businesses.
d. Advise and counsel businesses about business plan development, start–up requirements, business management, and expansion strategies.

MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 94 of 164 AGREEMENT NO. 26–59

e. Advise and counsel businesses related to marketing, advertising, financial analysis, and human resources management.
f. Advise and counsel businesses related to government procurements, funding sources, resources referrals, patents, trademarks, and copyrights. g. Advise and counsel businesses related to loan applications, buying and selling a business, franchising, and social media and internet marketing. h. Provide for the support and nurturing of businesses and the development of an entrepreneurial environment through cooperation with other local, county, state, and federal economic development organizations. i. Provide programing tailored to the local business community including: Host a minimum of four (4) business workshops to residents and businesses at a designated CITY facility or such other places as designated by the CITY. At a minimum, one-on-one technical assistance sessions to ten (10) CITY businesses resulting in at least three (3) reoccurring clients. Additionally, host (1) one Small Business Development Seminar Series in collaboration with the CITY.
j. Include City of Montclair businesses in the SBDC's existing surveys, with results identifying Montclair-specific priorities for technical assistance.

Findings will be used to develop targeted workshops, counseling services, and resource programs that address the specific needs of the local business community and support business retention, growth, and resilience. The findings will help ensure that future SBDC resources and programming are responsive to the needs of the local business community and aligned with the City's economic development goals.
k. Attend the Montclair Chamber of Commerce breakfast meeting as well as other networking events periodically hosted by the Montclair Chamber of Commerce.
l. The Small Business Development Center (SBDC) will serve as a featured presenter at two (2) evening networking event hosted by the Montclair Chamber of Commerce, to be held in the City of Montclair. The event will be promoted to Montclair-area businesses and community partners, and the SBDC will further support outreach efforts by promoting the event to its own network of clients, partners, and stakeholders — helping to broaden attendance and visibility for the event.
m. The City of Montclair is committed to supporting the SBDC's efforts to serve the local business community. As part of this partnership, the SBDC will share a written overview of its planned outreach efforts and end of year planned outcomes to the Montclair community, allowing the City to help amplify these services to area businesses.

MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 95 of 164 AGREEMENT NO. 26–59

n. The SBDC and the City will work together to actively promote their partnership, including highlighting the SBDC's office location in Montclair, so businesses can easily find and access resources, counseling, and other support services. Joint marketing materials and event flyers will feature both the City's and SBDC's logos, reinforcing this shared commitment to supporting local businesses.
o. Provide the CITY with calendar of events and timely invitations to events and activities targeting CITY residents and businesses.
p. A quarterly update shall be provided within fifteen (15) days following the commencement of each quarter. In addition, an annual report shall be submitted to the CITY summarizing the status of the partnership’s activities, measurable outcomes, and overall impact. The annual report shall include, at a minimum, and shall clearly distinguish between CITY and non-CITY businesses, the following information: the number of clients assisted; the number of long-term client engagements; the total number of counseling hours provided; the number and types of training events conducted; the number of one-on-one technical assistance sessions provided; the amount of capital accessed by clients; additional client success metrics; and data related to job creation and retention assistance.

ARTICLE 3 – PLACE OF WORK
It is understood that the IESBDC will on an annual basis administer services largely at 9916 Central Avenue, Montclair, California 91763 and/or at a designated CITY facility; although the IESBDC will, on request, come to City Hall or such other places as designated by the CITY to meet with CITY's representatives.

ARTICLE 4 – PAYMENT
The CITY will pay the UEC the total sum of $20,000 annually payable in equal quarterly payments of $5,000 on or before the 30th day of the beginning of each quarter.

ARTICLE 5 – REPORTING
a. The UEC will submit and present to the CITY annually a receipt and expenditure report on the use of CITY funds.

ARTICLE 6 – RELATIONSHIP OF PARTIES
a. The UEC is an independent entity and not a department, agency or subdivision of the CITY. The CITY and the UEC are two separate and autonomous entities.
b. UEC is and shall at all times remain as to the CITY a wholly independent contractor. The personnel performing the services under this Agreement on behalf of UEC shall at all times be under UEC's exclusive direction and control and shall not be construed to be employees of CITY for any purpose, including eligibility under Public Employees Retirement Law. Neither CITY nor any of its officers, employees, or agents shall have control over the MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 96 of 164 AGREEMENT NO. 26–59

conduct of UEC or any of UEC's officers, employees, or agents, except as set forth in this Agreement. UEC shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the CITY. UEC shall not incur or have the power to incur any debt, obligation, or liability whatever against CITY, or bind CITY in any manner. No employee benefits shall be available to UEC in connection with the performance of this Agreement. Except for the fees paid to UEC as provided in the Agreement CITY shall not pay salaries, wages, or other compensation to UEC for performing services hereunder for CITY. CITY shall not be liable for compensation or indemnification to UEC for injury or sickness arising out of performing services hereunder.
c. The CITY and the UEC acknowledge that this Agreement is not a delegation of any public function of the CITY and that neither party will play an integral part in either party's decision–making process by reason of this Agreement.

ARTICLE 7 – DURATION
a. The initial term of this Agreement shall be for a period of one (1) year commencing July 1, 2026, and continuing through June 30, 2027; this AGREEMENT may be renewed annually.
b. Either party may terminate this Agreement upon ninety (90) days written notice to the other party.
c. Any notice required or allowed hereunder shall be in writing and sent by certified mail, return receipt requested, or in person with proof of delivery, to the address first listed above, or such other addresses as either party shall have specified by written notice to the other party delivered in accordance herewith.

ARTICLE 8 – NONDISCRIMINATION
a. The UEC shall not discriminate against any employee or person served under this Agreement on account of race, color, sex, age, religion, ancestry, national origin, handicap, or marital status or as otherwise prohibited by applicable law.

ARTICLE 9 – MISCELLANEOUS
a. The UEC acknowledges that the CITY, during any fiscal year, shall not expend money, incur any liability, or enter into any agreement which, by its terms, involves the expenditure of money in excess of the amounts budgeted or the reduction of revenues for those budgeted agreements that may be available for expenditure during such fiscal year. Any agreement, verbal or written, made in violation of this subsection is null and void; and no money may be paid on such agreement. Nothing herein contained shall prevent the making of agreement for a period of exceeding one year, but any agreement so made shall be executed only for the value of the services to be rendered or agreed MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 97 of 164 AGREEMENT NO. 26–59

to be paid for in succeeding fiscal years. Accordingly, the CITY's performance and obligation to pay under this Agreement is contingent upon annual appropriation.
b. The UEC shall obtain and possess throughout the term of this Agreement all licenses and permits applicable to its operations under federal, state, and local laws.
c. The UEC shall at all times maintain its status as a private not–for–profit corporation, organized and created under the laws of the State of California. d. This Agreement may be modified or amended by mutual written agreement of the parties, duly executed by both parties.
e. This Agreement contains all the terms and conditions agreed upon by the parties.
f. This Agreement shall be governed and construed in accordance with the laws of the State of California. The venue of any legal action to enforce or interpret this Agreement shall be in San Bernardino County, California. g. This Agreement shall inure to the benefit of and shall be binding upon the parties hereto and their respective successors and assigns. h. In the event any provision of this Agreement shall be held invalid or unenforceable by a court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. i. If any party seeks to enforce or interpret this Agreement through litigation, each party shall bear its own attorney's fees and costs incurred. j. Each person executing this Agreement warrants that he or she has the authority to so execute this Agreement and that no further approval of any kind is necessary to bind the parties hereto.
k. The UEC shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. The UEC shall at all times observe and comply with all such laws and regulations. The CITY and its officers and employees, shall not be liable at law or in equity occasioned by failure of the UEC to comply with this Section.
l. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the economic development activities during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or subagreement, or the proceeds thereof, for work to be performed in connection with the activities performed under this Agreement.

MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 98 of 164 AGREEMENT NO. 26–59

m. UEC agrees to defend, indemnify, and hold harmless the CITY, its officers, employees, agents, and volunteers from any and all liabilities for injury to persons and damage to property arising out of any act or omission of UEC, its officers, employees, agents, or volunteers in connection with UEC's performance of its obligations under this Agreement. . UEC shall not be liable for any acts or omissions of CITY, its officers, employees, agents and volunteers.
n. CITY agrees to defend, indemnify, and hold harmless UEC, its officers, employees, agents, and volunteers from any and all liabilities for injury to persons and damage to property arising out of any act or omission of CITY, its officers, employees, agents or volunteers in connection with CITY’s performance of its obligations under this Agreement. CITY shall not be liable for any acts or omissions of UEC, its officers, employees, agents and volunteers.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
"CITY" “UEC”
City of Montclair University Enterprises Corporation
5111 Benito Street California State University, San Bernardino Montclair, CA 91763 5500 University Parkway
San Bernardino, CA 92407

CITY UEC
By: By:

Javier John Dutrey, Mayor Julie Wessel
Interim Director Sponsored
Programs Director
Attest:

By:

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

By:

Diane E. Robbins, City Attorney
MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 99 of 164

CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 17, 2026
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 4
FILE I.D.: FIN100
DEPT.: FINANCE
PREPARER: J. KULBECK
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 26–60 WITH VAN LANT & FANKHANEL,

LLP TO PROVIDE ACCOUNTING AND AUDITING SERVICES TO THE CITY OF

MONTCLAIR AND ITS RELATED ENTITIES, SUBJECT TO ANY REVISIONS DEEMED

NECESSARY BY THE CITY ATTORNEY
REASON FOR CONSIDERATION: The City of Montclair has contracted with Van Lant & Fankhanel, LLP for auditing and report preparation services since April 1, 2013. The most recent professional service agreement, Agreement No. 21–11, expired on March 1, 2025. The City Council is requested to consider approval of Agreement No. 26–60 with Van Lant & Fankhanel, LLP to provide accounting and auditing services to the City of Montclair and its related entities. Agreements with the City of Montclair require City Council approval.

BACKGROUND: In 2012, the City went through the RFP process for independent financial auditing and report preparation services. Mr. Greg Fankhanel and Mr. Brett Van Lant have provided those services previously for another public accounting firm and most recently through their own firm, Van Lant & Fankhanel, LLP. The services provided included those specified in their agreement and additionally multiple agreed–upon procedural reviews for the City of Montclair as Successor Agency for the City of Montclair Redevelopment Agency (Successor Agency), meeting all the unrealistic deadlines of the Department of Finance. The work performed has been done in a timely and professional manner, allowing the City to meet its reporting deadlines.

Because the City has received quality services from Van Lant & Fankhanel, LLP at a price demonstrated previously to be the lowest through an RFP process, it would be beneficial to continue those services. Toward that end, staff has negotiated a pricing structure for a five–year period which arrived at agreement to increase fees for the Fiscal Year 2025– 26 audit by the current CPI of 5 percent then an increase of 3 percent each following year through the Fiscal Year 2029–30 audit. Van Lant & Fankhanel, LLP submitted an engagement letter specifying that approach, attached to Agreement No. 26–60.

As to getting a new perspective on our operations, there is no specific requirement for changing auditing firms and familiarity with City operations is a major benefit in staying with our current auditing firm. However, Section 12410.6.(b) of the Government Code does requires a City to change the lead audit partner or coordinating audit partner having primary responsibility for the audit, or the audit partner responsible for reviewing the audit, when that auditing firm has performed audit services for that local agency for six consecutive fiscal years. Staff has discussed this requirement with Van Lant & Fankhanel, LLP even though their last agreement was for less than a six–year period. We all recognize that a “new look” is valuable and they have agreed that, should their contract be approved, they would internally reassign these responsibilities from Mr. Van Lant to Mr. Fankhanel to comply with this requirement.

MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 100 of 164 FISCAL IMPACT: The proposal submitted by Van Lant & Fankhanel, LLP has an increase of 5 percent in the cost of services for the current fiscal year. These costs are included in the Fiscal Year 2026–27 budget.

RECOMMENDATION: Staff recommends the City Council approve Agreement No. 26– 60 with Van Lant & Fankhanel, LLP to provide accounting and auditing services to the City of Montclair and its related entities.

MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 101 of 164 AGREEMENT NO. 26-60
1 CITY OF MONTCLAIR

AGREEMENT FOR CONSULTANT SERVICES
Annual Audit Services
THIS AGREEMENT is made and effective as of August 17, 2026 between the City of Montclair, a municipal corporation ("City") and Van Lant & Fankhanel, LLP a California Partnership ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on August 17, 2026 and shall remain and continue in effect for a period of 60 months until tasks described herein are completed, but in no event later than March 30, 2031, unless sooner terminated pursuant to the provisions of this Agreement.

2. SERVICES
Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.

3. PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of his/her ability, experience and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.

4. CITY MANAGEMENT
City's City Manager shall represent City in all matters pertaining to the administration of this Agreement, review and approval of all products submitted by Consultant, but not including the authority to enlarge the Tasks to be Performed or change the compensation due to Consultant. City's City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Tasks to be Performed or change Consultant's compensation, subject to Section 5 hereof.

MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 102 of 164 AGREEMENT NO. 26-60
2 5. PAYMENT
(a) The City agrees to pay Consultant, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed $275,150 for the total term of the Agreement unless additional payment is approved as provided in this Agreement.
(b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement, but in no event shall additional total compensation exceed Twenty-Seven Thousand Five Hundred Fifteen Dollars ($27,515.00). Any additional work in excess of this amount shall be approved by the City Council.
(c) Consultant will submit invoices for actual services performed.

Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the City disputes any of the Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on theinvoice.
(d) Consultant agrees that, in no event shall City be required to pay to Consultant any sum in excess of ninety-five percent (95%) of the maximum payable hereunder prior to receipt by City of all final documents, together with all supplemental technical documents, as described herein acceptable in form and content to City. Final payments shall be made no later than sixty (60) days after presentation of final documents and acceptance thereof by City.

6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notices. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement.

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3 (b) In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant on a pro-rata basis the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 5(c).

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

8. OWNERSHIP OF DOCUMENTS
(a) Consultant shall maintain complete and accurate records with respect to billed time, sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement.

Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.

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4 (b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, claims, applications, computer files, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant's office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.

9. INDEMNIFICATION
(a) Defense, Indemnity and Hold Harmless. Consultant shall defend, indemnify, and hold harmless the City, its present and former officers, directors, employees, agents, staff, volunteers, mayor, council, boards, committees, and representatives, as broadly interpreted (collectively, the “Indemnified Parties”), of and from all claims, suits, demands, obligations, losses, damages, sums, or any other matters threatened or presently asserted, including but not limited to all legal fees, costs of defense and litigation expenses (including legal fees, expert fees and any other costs or fees, including those of adverse parties imposed on or sought against the Indemnified Parties), arising directly or indirectly out of any liability or claim of loss or liability for personal injury, bodily injury to persons, contractual liability, errors or omissions, breach, failure to perform, damage to or loss of property, or any other loss, damage, injury or other claim of any kind or nature arising out of the work to be performed by Consultant herein, caused by or arising out of the negligent acts or omissions, or intentional misconduct of Consultant, including its subcontractors, subconsultants, employees, agents, and other persons or entities performing work for Consultant.
(b) Contractual Indemnity. To the fullest extent permitted under California law, Consultant shall contractually indemnify, defend and hold harmless the Indemnified Parties from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, amounts for good faith settlement, or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees and costs), arising out of or related to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to Consultant’s officers, agents, representative, employees, independent contractors, subcontractors, subconsultants, or affiliated or related entities and/or its or their employees, agents and representatives, caused by or arising out of all negligent acts or omissions, or intentional misconduct of Consultant, including its subcontractors, subconsultants, employees, agents and other persons or entities performing work for Consultant. Indemnification shall include any claim that Consultant, or Consultant’s employees or agents, are or may be considered and treated as employees of the City or are entitled to any employee benefits from City including but not limited to those MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 105 of 164 AGREEMENT NO. 26-60
5 available under Public Employees Retirement Law. The obligation to indemnify, defend and hold harmless the Indemnified Parties shall apply to all liability as defined above regardless of whether the Indemnified Parties were or are alleged to have been negligent, except that it shall not apply to claims arising from the sole negligence or willful intentional misconduct of the Indemnified Parties. Consultant’s obligation to defend the Indemnified Parties is not contingent upon there being an acknowledgement of or determination of the merit of any claims, liability, demands, causes of action, suits, losses, expenses, errors, omissions and/or costs. (c) Subcontractors/Subconsultants and Indemnification. Consultant agrees to and shall obtain executed indemnity agreements in favor of the Indemnified Parties with provisions identical to those set forth from each and every Subcontractor, Sub consultant, or other person or entity involved by, for, with, or on behalf of Consultant in the performance of any aspect of this Agreement. In the event Consultant fails to obtain such indemnity obligations, Consultant shall be fully responsible for each and every Subcontractor, Subconsultant or other person or entity in terms of defense, indemnity and hold harmless obligations in favor of the Indemnified Parties as set forth above. This obligation to indemnify and defend the Indemnified Parties is binding on the successors, assigns, or heirs of Consultant and shall survive the full performance or termination of this Agreement. These indemnification provisions are independent of and shall not in any way be limited or superseded by the insurance requirements and insurance-related provisions of this Agreement.
(d) City Lost or Damaged Property – Theft. Consultant further agrees to pay or cause to be paid to the Indemnified Parties’ benefit, any and all damages, fines, penalties, and loss or theft of property of the City arising out of or related in any way to the negligent acts or omissions or intentional misconduct of Consultant or of Consultant’s officers, agents, representatives, employees, independent contractors, subcontractors or affiliated or related entities and/or its or their employees, agents and representatives, whether such actions, omissions to act, negligence or intentional conduct is or was authorized by this Agreement or not. City assumes no responsibility whatsoever for any property placed on the premises of City. Consultant further agrees to waive all rights of subrogation against the Indemnified Parties. (e) Non-Waiver and Non-Exhaustion of City’s Further Rights and Remedies. No aspect of this provision shall in any way limit or effect the rights of the Indemnified Parties against the Consultant under the terms of this Agreement or otherwise. The indemnification provisions shall apply regardless of whether this Agreement is executed after Consultant begins the work and shall extend to claims arising after this Agreement is performed or terminated, including a dispute as to the termination of Consultant. The indemnity obligations of Consultant shall continue until it is determined by final judgment that the claim against the City and any Indemnified Parties is determined by final judgment and after exhaustion of any rights of appeal.

Further, no aspect of this provision shall impact the City’s rights to contribution from Consultant, or for the City to dispute Consultant’s refusal to defend and indemnify City.

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

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

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7 (3) Workers’ Compensation: Workers’ Compensation Insurance, as required by the State of California and Employer’s Liability Insurance with a limit of not less than $1,000,000 each accident for bodily injury and $1,000,000 each employee for bodily injury by disease. (4) Professional Liability: Professional Liability insurance with limit of not less than $1,000,000 each claim. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusion that may potentially affect the work to be performed.
(b) Endorsements
Insurance policies shall not be in compliance if they include any limiting provision or endorsement. The insurance policies shall contain, or be endorsed to contain, the following provisions:
(1) Commercial General Liability
Additional Insured: The City, its elected officials, officers, employees, volunteers, boards, agents and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or operations. Coverage for the additional insureds shall apply to the fullest extent permitted by law.

Additional Insured Endorsements shall not:

1. Be limited to “Ongoing Operations”

2. Exclude “Contractual Liability

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

4. Exclude “Third-Party-Over Actions”

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

Primary Insurance: This insurance shall be primary and any other insurance, whether primary, excess, umbrella or contingent insurance, including deductible, or self-insurance available to the insureds added by endorsement, shall be in excess of, and shall not contribute with, this insurance. Coverage shall be at least as broad as ISO CG 20 01 04 13.

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8 (2) Auto Liability
Additional Insured: The City, its elected officials, officers, employees, volunteers, boards, agents, and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the work or operations performed by or on behalf of the Contractor.

Primary Insurance: This insurance shall be primary and any other insurance whether primary, excess, umbrella or contingent insurance, including deductible, or self-insurance available to the insureds added by endorsement shall be in excess of and shall not contribute with this insurance.
(3) Workers’ Compensation
Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties. (c) Notice of Cancellation
Required insurance policies shall not be cancelled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (d) Waiver of Subrogation
Required insurance coverages shall not prohibit Consultant from waiving the right of subrogation prior to a loss. Consultant shall waive all rights of subrogation against the indemnified parties and policies shall contain or be endorsed to contain such a provision. This provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer.
(e) Evidence of Insurance
All policies, endorsements, certificates, and/or binders shall be subject to approval by the City as to form and content. These requirements are subject to amendment or waiver only if so approved in writing by the City. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

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9 (f) Deductible or Self-Insured Retention
Any deductible or self-insured retention must be approved in writing by the City and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the Consultant or the City. (g) Contractual Liability/Insurance Obligations
The coverage provided shall apply to the obligations assumed by the Consultant under the indemnity provisions of this Agreement. The insurance obligations under this Agreement shall be: (1) all the insurance coverage and/or limits carried by or available to the Consultant; or (2) the minimum insurance coverage requirements and/or limits shown in this Agreement; whichever is greater. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits, which are applicable to a given loss, shall be available to the City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of the Consultant under this Agreement.
(h) Failure to Maintain Coverage
Consultant agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City. The City shall have the right to withhold any payment due Consultant until Consultant has fully complied with the insurance provisions of this Contract. In addition, the City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may take out the necessary insurance and pay, at Consultant’s expense, the premium thereon.

In the event that the Consultant’s operations are suspended for failure to maintain required insurance coverage, the Consultant shall not be entitled to an extension of time for completion of the Work because of production lost during suspension.
(i) Acceptability of Insurers
Each such policy shall be from a company or companies with a current A.M. Best’s rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. Any other rating must be approved in writing in accordance with the City.

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10 (j) Claims Made Policies
If coverage is written on a claims-made basis, the retroactive date on such insurance and all subsequent insurance shall coincide or precede the effective date of the initial Consultant’s Agreement with the City and continuous coverage shall be maintained or an extended reporting period shall be exercised for a period of at least five (5) years from termination or expiration of this Agreement. (k) Insurance for Subcontractors
Consultant shall be responsible for causing
Subcontractors/Subconsultants to purchase the same types and limits of insurance in compliance with the terms of this Agreement, including adding the City as an Additional Insured, providing Primary and Non-Contributory coverage and Waiver of Subrogation to the Subcontractors’/Subconsultant’s policies. The Commercial General Liability Additional Insured Endorsement shall be on a form at least as board as CG 20 38 04 13.

11. INDEPENDENT CONTRACTOR
(a) Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control and shall not be construed to be employees of City for any purpose, including eligibility under Public Employees Retirement Law.

Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in thisAgreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur anydebt, obligation, or liability whatever against City, or bind City in any manner.
(b) No employee benefits shallbe available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.

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

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11 13. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City of Montclair in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City of Montclair will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.

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

15. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, responses to interrogatories,or other information concerning the work performed under this Agreement or relating to any project or property located within the City.

Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. (b) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, requests for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

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12 (c) Consultant covenants that either he/she nor any office or principal of their firm have any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder. Consultant further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent or subconsultant. Consultant further covenants that Consultant has not contracted with nor is performing any services, directly or indirectly, with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area and further covenants and agrees that Consultant and/or its subconsultants shall provide no service or enter into any agreement or agreements with a/any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area prior to the completion of the work under this Agreement.·

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

To City: Janet Kulbeck, Director of Finance
City of Montclair
5111 Benito Street
Montclair, CA 91763
To Consultant: Greg Fankhanel, CPA, Partner
Van Lant & Fankhanel, LLP
29970 Technology Drive, Suite 105A
Murrieta, CA 92563

17. ASSIGNMENT
The Consultant shall not assign the performance ofthis Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Because of the personal nature of the services to be rendered pursuant to this Agreement, only Brett Van Lant, CPA, Partner-In-Charge (responsible employee) shall perform and/or supervise the services described in this Agreement.

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13 Consultant's responsible employee may use assistants, under his direct supervision, to perform some of the services under this Agreement. Consultant shall provide City fourteen (14) days' notice prior to the departure of the responsible employee from Consultant's employ. Should he leave Consultant's employ, the City shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant.

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

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

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

21. CONTENTS OF ENGAGEMENT LETTER
Consultant is bound by the contents of Consultant’s Engagement Letter, Exhibit "A" hereto and incorporated herein by this reference. In the event of conflict between the terms of the Engagement Letter and this Agreement, the requirements of this Agreement shall take precedence over those contained in the Consultant's Engagement Letter.

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14 22. CONFIDENTIALITY
Information and materials obtained by the Consultant from City during the performance of this Agreement shall be treated as strictly confidential and shall not be used by the Consultant for any purpose other than the performance of this Agreement.

23. DISCRIMINATION
The Consultant agrees that no person shall be excluded from employment in the performance of this Agreement on grounds of race, creed, color, sex, age, marital status, or place of national origin. In this connection, the Consultant agrees to comply with all County, State and Federal laws relating to equal employment opportunity rights.

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

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

CITY OF MONTCLAIR CONSULTANT
By:__________________________ By:_________________________ Javier John Dutrey, Mayor Greg Fankhanel, CPA, Partner
Attest:

By:__________________________
Andrea Myrick, City Clerk
Approved as to Form:

By:__________________________
Diane Robbins, City Attorney
MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 115 of 164 15 AGREEMENT NO. 26-60

EXHIBIT A
Engagement Letter
with
Van Lant & Fankhanel, LLP
MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 116 of 164 16 AGREEMENT NO. 26-60

EXHIBIT B
Schedule of Payment
As work progresses City agrees to pay Consultant for actual time spent on the various engagements priced out utilizing the hours performed by the various professional staff working on such engagements.

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EXHIBIT C
California Labor Code Certification
I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Agreement" By:
______________________________________
Greg Fankhanel, CPA, Partner
Van Lant & Fankhanel, LLP
MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 118 of 164 July 16, 2026
To: Management and the City Council
City of Montclair
5111 Benito St.

Montclair, CA 91763
We are pleased to confirm our understanding of the services we are to provide the City of Montclair (City) for the year ending June 30, 2026.

Audit Scope and Objectives
We will audit the financial statements of the governmental activities, the business-type activities, each major fund and the aggregate remaining fund information, including the related notes to the financial statements, which collectively comprise the basic financial statements, of the City as of and for the year ending June 30, 2026.

Accounting standards generally accepted in the United States of America provide for certain required supplementary information (RSI), such as management’s discussion and analysis (MD&A), to supplement the City’s basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to the City’s RSI in accordance with auditing standards generally accepted in the United States of America. These limited procedures will consist of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We will not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. The following RSI is required by generally accepted accounting principles and will be subjected to certain limited procedures, but will not be audited:
1) Management’s Discussion and Analysis
2) Budgetary comparison schedules.
3) Pension RSI.

We have also been engaged to report on supplementary information other than RSI that accompanies the City’s financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America, and we will provide an opinion on it in relation to the financial statements as a whole, in a report combined with our auditor’s report on the financial statements:
1) Schedule of expenditures of federal awards.
2) Combining schedules.

In connection with our audit of the basic financial statements, we will read the following other information and consider whether a material inconsistency exists between the other information and the basic financial statements, or the other information otherwise appears to be materially misstated. If, based on the work performed, we conclude that an uncorrected material misstatement of the other information exists, we are required to describe it in our report. 1) Introductory Section
2) Statistical Section
1 EXHIBIT A
MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 119 of 164 The objectives of our audit are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and issue an auditor’s report that includes our opinions about whether your financial statements are fairly presented, in all material respects, in conformity with GAAP, and report on the fairness of the supplementary information referred to in the second paragraph when considered in relation to the financial statements as a whole. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with GAAS and Government Auditing Standards will always detect a material misstatement when it exists. Misstatements, including omissions, can arise from fraud or error and are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment of a reasonable user made based on the financial statements. The objectives also include reporting on:
 Internal control over financial reporting and compliance with provisions of laws, regulations, contracts, and award agreements, noncompliance with which could have a material effect on the financial statements in accordance with Government Auditing Standards.
 Internal control over compliance related to major programs and an opinion (or disclaimer of opinion) on compliance with federal statutes, regulations, and the terms and conditions of federal awards that could have a direct and material effect on each major program in accordance with the Single Audit Act Amendments of 1996 and Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance).

Auditor’s Responsibilities for the Audit of the Financial Statements and Single Audit We will conduct our audit in accordance with GAAS; the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; the Single Audit Act Amendments of 1996; and the provisions of the Uniform Guidance, and will include tests of accounting records, a determination of major program(s) in accordance with Uniform Guidance, and other procedures we consider necessary to enable us to express such opinions. As part of an audit in accordance with GAAS and Government Auditing Standards, we exercise professional judgment and maintain professional skepticism throughout the audit.

We will evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management. We will also evaluate the overall presentation of the financial statements, including the disclosures, and determine whether the financial statements represent the underlying transactions and events in a manner that achieves fair presentation. We will plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the government or to acts by management or employees acting on behalf of the government.

Because the determination of waste and abuse is subjective, Government Auditing Standards do not expect auditors to perform specific procedures to detect waste or abuse in financial audits nor do they expect auditors to provide reasonable assurance of detecting waste or abuse.

Because of the inherent limitations of an audit, combined with the inherent limitations of internal control, and because we will not perform a detailed examination of all transactions, there is an unavoidable risk that some material misstatements or noncompliance may not be detected by us, even though the audit is properly planned and performed in accordance with GAAS and Government Auditing Standards. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements or on major programs. However, we will inform the appropriate level of management of any material errors, any fraudulent financial reporting, or misappropriation of assets that come to our attention. We will also inform the appropriate level of management of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. We will include such matters in the reports required for a Single Audit. Our responsibility as auditors is limited to the period covered by our audit and does not extend to any later periods for which we are not engaged as auditors.

We have identified the following significant risk of material misstatement as part or our audit planning. According to GAAS, significant risks include management override of controls. Accordingly, we have considered management override of controls as a significant risk.

We will also conclude, based on the audit evidence obtained, whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the government’s ability to continue as a going concern for a reasonable period of time.

Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, tests of the physical existence of inventories, and direct confirmation of receivables and certain assets and liabilities 2 MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 120 of 164 by correspondence with selected individuals, funding sources, creditors, and financial institutions. We will also request written representations from your attorneys as part of the engagement.

We may, from time to time and depending on the circumstances, use third-party service providers in serving your account. We may share confidential information about you with these service providers but remain committed to maintaining the confidentiality and security of your information. Accordingly, we maintain internal policies, procedures, and safeguards to protect the confidentiality of your personal information. In addition, we will secure confidentiality agreements with all service providers to maintain the confidentiality of your information and we will take reasonable precautions to determine that they have appropriate procedures in place to prevent the unauthorized release of your confidential information to others. In the event that we are unable to secure an appropriate confidentiality agreement, you will be asked to provide your consent prior to the sharing of your confidential information with the third-party service provider. Furthermore, we will remain responsible for the work provided by any such third-party service providers.

Our audit of financial statements does not relieve you of your responsibilities.

We will also provide a report on agreed upon procedures performed on the City’s calculation of its annual appropriations limit as required by Article XIII B of the California State Constitution. We will perform the procedures in the Article XIII B Appropriations Limit Uniform Guidelines as published by the League of California Cities. This report will include a statement that the report is intended solely for the information and use of management, City Council and specific legislative or regulatory bodies and is not intended to be and should not be used by anyone other than these specified parties.

Audit Procedures—Internal Control
We will obtain an understanding of the government and its environment, including internal control relevant to the audit, sufficient to identify and assess the risks of material misstatement of the financial statements, whether due to error or fraud, and to design and perform audit procedures responsive to those risks and obtain evidence that is sufficient and appropriate to provide a basis for our opinions. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentation, or the override of internal control. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards.

As required by the Uniform Guidance, we will perform tests of controls over compliance to evaluate the effectiveness of the design and operation of controls that we consider relevant to preventing or detecting material noncompliance with compliance requirements applicable to each major federal award program. However, our tests will be less in scope than would be necessary to render an opinion on those controls and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to the Uniform Guidance.

An audit is not designed to provide assurance on internal control or to identify significant deficiencies or material weaknesses. Accordingly, we will express no such opinion. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under AICPA professional standards, Government Auditing Standards, and the Uniform Guidance.

Audit Procedures—Compliance
As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the City’s compliance with provisions of applicable laws, regulations, contracts, and agreements, including grant agreements. However, the objective of those procedures will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards.

The Uniform Guidance requires that we also plan and perform the audit to obtain reasonable assurance about whether the auditee has complied with federal statutes, regulations, and the terms and conditions of federal awards applicable to major programs. Our procedures will consist of tests of transactions and other applicable procedures described in the OMB Compliance Supplement for the types of compliance requirements that could have a direct and material effect on each of the City’s major programs. The purpose of these procedures will be to express an opinion on the City’s compliance with requirements applicable to each of its major programs in our report on compliance issued pursuant to the Uniform Guidance.
3 MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 121 of 164 Other Services
We will also assist in preparing the financial statements, schedule of expenditures of federal awards, and related notes of the City in conformity with U.S. generally accepted accounting principles and the Uniform Guidance based on information provided by you. These nonaudit services do not constitute an audit under Government Auditing Standards and such services will not be conducted in accordance with Government Auditing Standards. We will perform the services in accordance with applicable professional standards. The other services are limited to the financial statements, schedule of expenditures of federal awards, and related notes services previously defined.

We, in our sole professional judgment, reserve the right to refuse to perform any procedure or take any action that could be construed as assuming management responsibilities.

You agree to assume all management responsibilities for the financial statements, schedule of expenditures of federal awards, and related notes, and any other nonaudit services we provide. You will be required to acknowledge in the management representation letter our assistance with preparation of the financial statements, the schedule of expenditures of federal awards, and related notes and that you have reviewed and approved the financial statements, the schedule of expenditures of federal awards, and related notes prior to their issuance and have accepted responsibility for them. Further, you agree to oversee the nonaudit services by designating an individual, preferably from senior management, with suitable skill, knowledge, or experience; evaluate the adequacy and results of those services; and accept responsibility for them.

Responsibilities of Management for the Financial Statements and Single Audit Our audit will be conducted on the basis that you acknowledge and understand your responsibility for (1) designing, implementing, establishing, and maintaining effective internal controls relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error, including internal controls over federal awards, and for evaluating and monitoring ongoing activities to help ensure that appropriate goals and objectives are met; (2) following laws and regulations; (3) ensuring that there is reasonable assurance that government programs are administered in compliance with compliance requirements; and (4) ensuring that management and financial information is reliable and properly reported. Management is also responsible for implementing systems designed to achieve compliance with applicable laws, regulations, contracts, and grant agreements. You are also responsible for the selection and application of accounting principles; for the preparation and fair presentation of the financial statements, schedule of expenditures of federal awards, and all accompanying information in conformity with accounting principles generally accepted in the United States of America, and for compliance with applicable laws and regulations (including federal statutes), rules, and the provisions of contracts and grant agreements (including award agreements). Your responsibilities also include identifying significant contractor relationships in which the contractor has responsibility for program compliance and for the accuracy and completeness of that information.

You are also responsible for making drafts of financial statements, schedule of expenditures of federal awards, all financial records, and related information available to us and for the accuracy and completeness of that information (including information from outside of the general and subsidiary ledgers). You are also responsible for providing us with (1) access to all information of which you are aware that is relevant to the preparation and fair presentation of the financial statements, such as records, documentation, identification of all related parties and all related-party relationships and transactions, and other matters; (2) access to personnel, accounts, books, records, supporting documentation, and other information as needed to perform an audit under the Uniform Guidance; (3) additional information that we may request for the purpose of the audit; and (4) unrestricted access to persons within the government from whom we determine it necessary to obtain audit evidence. At the conclusion of our audit, we will require certain written representations from you about the financial statements; schedule of expenditures of federal awards; federal award programs; compliance with laws, regulations, contracts, and grant agreements; and related matters.

Your responsibilities include adjusting the financial statements to correct material misstatements and confirming to us in the management representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements of each opinion unit taken as a whole.

You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the government involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the government 4 MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 122 of 164 complies with applicable laws, regulations, contracts, agreements, and grants. You are also responsible for taking timely and appropriate steps to remedy fraud and noncompliance with provisions of laws, regulations, contracts, and grant agreements that we report. Additionally, as required by the Uniform Guidance, it is management’s responsibility to evaluate and monitor noncompliance with federal statutes, regulations, and the terms and conditions of federal awards; take prompt action when instances of noncompliance are identified including noncompliance identified in audit findings; promptly follow up and take corrective action on reported audit findings; and prepare a summary schedule of prior audit findings and a separate corrective action plan.

You are responsible for identifying all federal awards received and understanding and complying with the compliance requirements and for the preparation of the schedule of expenditures of federal awards (including notes and noncash assistance received, and COVID-19-related concepts, such as lost revenues, if applicable) in conformity with the Uniform Guidance. You agree to include our report on the schedule of expenditures of federal awards in any document that contains, and indicates that we have reported on, the schedule of expenditures of federal awards. You also agree to [include the audited financial statements with any presentation of the schedule of expenditures of federal awards that includes our report thereon OR make the audited financial statements readily available to intended users of the schedule of expenditures of federal awards no later than the date the schedule of expenditures of federal awards is issued with our report thereon]. Your responsibilities include acknowledging to us in the written representation letter that (1) you are responsible for presentation of the schedule of expenditures of federal awards in accordance with the Uniform Guidance; (2) you believe the schedule of expenditures of federal awards, including its form and content, is stated fairly in accordance with the Uniform Guidance; (3) the methods of measurement or presentation have not changed from those used in the prior period (or, if they have changed, the reasons for such changes); and (4) you have disclosed to us any significant assumptions or interpretations underlying the measurement or presentation of the schedule of expenditures of federal awards.

You are also responsible for the preparation of the other supplementary information, which we have been engaged to report on, in conformity with U.S. generally accepted accounting principles (GAAP). You agree to include our report on the supplementary information in any document that contains, and indicates that we have reported on, the supplementary information. You also agree to [include the audited financial statements with any presentation of the supplementary information that includes our report thereon OR make the audited financial statements readily available to users of the supplementary information no later than the date the supplementary information is issued with our report thereon]. Your responsibilities include acknowledging to us in the written representation letter that (1) you are responsible for presentation of the supplementary information in accordance with GAAP; (2) you believe the supplementary information, including its form and content, is fairly presented in accordance with GAAP; (3) the methods of measurement or presentation have not changed from those used in the prior period (or, if they have changed, the reasons for such changes); and (4) you have disclosed to us any significant assumptions or interpretations underlying the measurement or presentation of the supplementary information.

Management is responsible for establishing and maintaining a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying and providing report copies of previous financial audits, attestation engagements, performance audits, or other studies related to the objectives discussed in the Audit Scope and Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits, attestation engagements, performance audits, or studies. You are also responsible for providing management’s views on our current findings, conclusions, and recommendations, as well as your planned corrective actions for the report, and for the timing and format for providing that information.

Engagement Administration, Fees, and Other
We understand that your employees will prepare all cash, accounts receivable, or other confirmations and schedules we request and will locate any documents selected by us for testing.

At the conclusion of the engagement, we will complete the appropriate sections of the Data Collection Form that summarizes our audit findings. It is management’s responsibility to electronically submit the reporting package (including financial statements, schedule of expenditures of federal awards, summary schedule of prior audit findings, auditors’ reports, and corrective action plan) along with the Data Collection Form to the federal audit clearinghouse. We will coordinate with you the electronic submission and certification. The Data Collection Form and the reporting package must be submitted within the earlier of 30 calendar days after receipt of the auditors’ reports or nine months after the end of the audit period.

We will provide copies of our reports to the City; however, management is responsible for distribution of the reports and the financial statements. Unless restricted by law or regulation, or containing privileged and confidential information, copies of our reports are to be made available for public inspection. 5 MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 123 of 164 The audit documentation for this engagement is the property of VLF, LLP and constitutes confidential information.

However, subject to applicable laws and regulations, audit documentation and appropriate individuals will be made available upon request and in a timely manner to the Oversight Agency or its designee, a federal agency providing direct or indirect funding, or the U.S. Government Accountability Office for purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of VLF, LLP personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties. These parties may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies.

The audit documentation for this engagement will be retained for a minimum of seven years after the report release date or for any additional period requested by the Oversight Agency for Audit, or Pass-through Entity. If we are aware that a federal awarding agency, pass-through entity, or auditee is contesting an audit finding, we will contact the party(ies) contesting the audit finding for guidance prior to destroying the audit documentation.

We will begin our audit in July of 2026 and plan to issue our reports in December of 2026. Greg Fankhanel, CPA is the engagement partner and is responsible for supervising the engagement and signing the reports or authorizing another individual to sign them.

Our fees for these services, including proposed fees for the three subsequent fiscal years, are as follows:

Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. In accordance with our firm policies, work may be suspended if your account becomes 60 days or more overdue and may not be resumed until your account is paid in full. If we elect to terminate our services for nonpayment, our engagement will be deemed to have been completed upon written notification of termination, even if we have not completed our report(s). You will be obligated to compensate us for all time expended and to reimburse us for all out-of-pocket costs through the date of termination. The above fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. In addition, the above fees are based on the assumption that the Single Audit will include no more than two major programs, in accordance with the Uniform Guidance.

Reporting
We will issue written reports upon completion of our Single Audit. Our reports will be addressed to the City Council of the City of Montclair. Circumstances may arise in which our report may differ from its expected form and content based on the results of our audit. Depending on the nature of these circumstances, it may be necessary for us to modify our opinions, add a separate section, or add an emphasis-of-matter or other-matter paragraph to our auditor’s report, or if necessary, withdraw from this engagement. If our opinions are other than unmodified, we will discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or issue reports, or we may withdraw from this engagement.

The Government Auditing Standards report on internal control over financial reporting and on compliance and other matters will state that (1) the purpose of the report is solely to describe the scope of testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity’s internal control or on compliance, and (2) the report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity’s internal control and compliance. The Uniform Guidance report on internal control over compliance will state that the purpose of the report on internal control over compliance is solely to describe the scope of testing of internal control over compliance and the results of that testing based on the requirements of the Uniform Guidance. Both reports will state that the report is not suitable for any other purpose.

Service 2026 2027 2028 2029 2030 Total
City Audit Report, Management Letter,
and Related Reports $ 44,500 $ 46,500 $ 48,000 $ 49,300 51,000$ 239,300$ Single Audit and Related Reports 4,100 4,100 4,200 4,250 4,300 20,950 State Controller's Reports 2,850 2,950 2,950 3,050 3,100 14,900 Total (not-to-exceed) $ 51,450 $ 53,550 $ 55,150 $ 56,600 58,400$ 275,150$ Fiscal Year Ending June 30,
6 MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 124 of 164 We appreciate the opportunity to be of service to the City of Montclair and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the attached copy and return it to us.

Very truly yours,

VAN LANT & FANKHANEL, LLP
Greg Fankhanel
Certified Public Accountant
RESPONSE:

This letter correctly sets forth the understanding of the City of Montclair.

Signature:

Title:

Date:
7 MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 125 of 164

CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 17, 2026
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 5
FILE I.D.: SAG060
DEPT.: CITY MGR./SRDA
PREPARER: J. KULBECK
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 26–61 WITH VAN LANT & FANKHANEL,

LLP, TO PROVIDE AUDITING SERVICES TO THE SUCCESSOR AGENCY RELATED TO

BOND TRANSACTIONS, SUBJECT TO ANY REVISIONS DEEMED NECESSARY BY THE

CITY ATTORNEY
REASON FOR CONSIDERATION: City Council acting as the Successor to the City of Montclair Redevelopment Agency (Successor Agency) Board of Directors is requwested to consider approval of Agreement No. 26–61 with Van Lant & Fankhanel, LLP, to provide auditing services to the Successor Agency related to bond transactions.

BACKGROUND: Prior to the California redevelopment dissolution law was passed in 2011, the Health and Safety Code required all redevelopment agencies to conduct an annual financial audit. This audit was utilized in compliance with the continuing annual financial disclosure requirements present in redevelopment bond issues, which remain outstanding today.

As part of the dissolution law, Section 34177(n) of the Health and Safety Code was established to replace this annual audit requirement, indicating that Successor Agencies were to have an annual "post audit" of its financial transactions. Since "post audit" was not defined, the Department of Finance (DOF) issued its interpretation that inclusion of the Successor Agency operations within the financial audit of the City would meet the minimum requirements of this section, but additionally they noted that an "Oversight Board can specifically require a separate audit of the Successor Agency as a matter of best practice, if they believe that a more focused audit is warranted, or if a separate audit is required by bond covenants."
Inclusion of the Successor Agency's financial transactions within the City's annual financial audit, while meeting the minimum requirements of the Health and Safety Code, does not provide sufficient information for the bonding community to determine the amounts of pledged revenues by redevelopment project area and how those revenues compare to debt service. To provide specific information on pledged revenues and debt servicing, Successor Agency staff have prepared financial statements specifically covering only bond transactions. These statements have been audited as part of an annual engagement agreement by the City's auditing firm and filed with the annual bond continuing disclosure reports with the bonding community for redevelopment bond issues still outstanding.

DOF, as part of its review of our Redevelopment Obligation Payment Schedule (ROPS), determined that the annual engagement agreement is not, in its opinion, sufficient documentation of the contractual obligation to conduct this audit. They indicated that a specific agreement must be executed between the Successor Agency and the auditing firm Van Lant & Fankhanel, LLP.

MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 126 of 164 To satisfy DOF's need for specific documentation, Successor Agency staff has obtained a professional services agreement between the Successor Agency and Van Lant & Fankhanel, LLP, Certified Public Accountants, to continue to perform existing auditing services. In prior years, the cost of performing the Successor Agency audit was included in the same engagement letter as the audit services for the City. For this current contract, a separate engagement letter was prepared in order to keep the Successor Agency’s audit costs separate and clear. Fiscal Year 2025–26 audit costs will be $7,750 with 3 percent increases each year thereafter through Fiscal Year 2029–30.

FISCAL IMPACT: The proposal submitted by Van Lant & Fankhanel, LLP has an initial cost of $7,750 for Fiscal Year 2025–26, with 3 percent increases each year thereafter through Fiscal Year 2029–30.

RECOMMENDATION: Successor Agency staff recommends the Successor Agency Board of Directors approve Agreement No. 26–61 with Van Lant & Fankhanel, LLP, to provide auditing services for the Successor Agency related to bond transactions, subject to any revisions deemed necessary by the City Attorney.

MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 127 of 164 AGREEMENT NO. 26-61
1 CITY OF MONTCLAIR

AGREEMENT FOR CONSULTANT SERVICES
Annual Audit Services
THIS AGREEMENT is made and effective as of August 17, 2026 between the City of Montclair as Successor Agency for the City of Montclair Redevelopment Agency, ("Successor Agency") and Van Lant & Fankhanel, LLP, Certified Public Accountants, a California Partnership ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on August 17, 2026 and shall remain and continue in effect for a period of 60 months until tasks described herein are completed, but in no event later than March 30, 2031, unless sooner terminated pursuant to the provisions of this Agreement.

2. SERVICES
Consultant shall perform the tasks described and set forth in Engagement Services and Responsibilities, EXHIBIT A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in EXHIBIT A.

3. PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of his/her ability, experience and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.

4. CITY MANAGEMENT
City's City Manager shall represent Successor Agency in all matters pertaining to the administration of this Agreement, review and approval of all products submitted by Consultant, but not including the authority to enlarge the Tasks to be Performed or change the compensation due to Consultant. City's City Manager shall be authorized to act on Successor Agency's behalf and to execute all necessary documents which enlarge the Tasks to be Performed or change Consultant's compensation, subject to Section 5 hereof.

MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 128 of 164 AGREEMENT NO. 26-61
2 5. PAYMENT
(a) The Successor Agency agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in EXHIBIT B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed $41,050 for the total term of the Agreement unless additional payment is approved as provided in this Agreement.
(b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services.

The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement, but in no event shall total compensation exceed Ten Thousand Dollars ($10,000.00). Any additional work in excess of this amount shall be approved by the Successor Agency.
(c) Consultant will submit invoices monthly for actual services performed. Said invoices shall detail all costs, rates and hours for individual tasks. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the Successor Agency disputes any of the Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. (d) Consultant agrees that, in no event shall Successor Agency be required to pay to Consultant any sum in excess of ninety-five percent (95%) of the maximum payable hereunder prior to receipt by Successor Agency of all final documents, together with all supplemental technical documents, as described herein acceptable in form and content to Successor Agency. Final payments shall be made no later than sixty (60) days after presentation of final documents and acceptance thereof by Successor Agency.

6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) The Successor Agency may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the Successor Agency suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement.

MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 129 of 164 AGREEMENT NO. 26-61
3 (b) In the event this Agreement is terminated pursuant to this Section, the Successor Agency shall pay to Consultant on a pro-rata basis the actual value of the work performed up to the time of termination, provided that the work performed is of value to the Successor Agency. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the Successor Agency pursuant to Section 5(c).

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

8. OWNERSHIP OF DOCUMENTS
(a) Consultant shall maintain complete and accurate records with respect to billed time, sales, costs, expenses, receipts and other such information required by Successor Agency that relate to the performance of services under this Agreement.

Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of Successor Agency or its designees at reasonable times to such books and records; shall give Successor Agency the right to examine and audit said books and records; shall permit Successor Agency to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
(b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, claims, applications, computer files, notes, and other documents prepared in the course of providing the services to be performed pursuant to MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 130 of 164 AGREEMENT NO. 26-61
4 this Agreement shall become available to the Successor Agency and may not be used, reused, or otherwise disposed of by the Consultant without the permission of the Successor Agency. With respect to computer files, Consultant shall make available to the Successor Agency, at the Consultant's office and upon reasonable written request by the Successor Agency, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.

9. INDEMNIFICATION
(a) Defense, Indemnity and Hold Harmless. Consultant shall defend, indemnify, and hold harmless the City, its present and former officers, directors, employees, agents, staff, volunteers, mayor, council, boards, committees, and representatives, as broadly interpreted (collectively, the “Indemnified Parties”), of and from all claims, suits, demands, obligations, losses, damages, sums, or any other matters threatened or presently asserted, including but not limited to all legal fees, costs of defense and litigation expenses (including legal fees, expert fees and any other costs or fees, including those of adverse parties imposed on or sought against the Indemnified Parties), arising directly or indirectly out of any liability or claim of loss or liability for personal injury, bodily injury to persons, contractual liability, errors or omissions, breach, failure to perform, damage to or loss of property, or any other loss, damage, injury or other claim of any kind or nature arising out of the work to be performed by Consultant herein, caused by or arising out of the negligent acts or omissions, or intentional misconduct of Consultant, including its subcontractors, subconsultants, employees, agents, and other persons or entities performing work for Consultant.
(b) Contractual Indemnity. To the fullest extent permitted under California law, Consultant shall contractually indemnify, defend and hold harmless the Indemnified Parties from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, amounts for good faith settlement, or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees and costs), arising out of or related to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to Consultant’s officers, agents, representative, employees, independent contractors, subcontractors, subconsultants, or affiliated or related entities and/or its or their employees, agents and representatives, caused by or arising out of all negligent acts or omissions, or intentional misconduct of Consultant, including its subcontractors, subconsultants, employees, agents and other persons or entities performing work for Consultant. Indemnification shall include any claim that Consultant, or Consultant’s employees or agents, are or may be considered and treated as employees of the City or are entitled to any employee benefits from City including but not limited to those available under Public Employees Retirement Law. The obligation to indemnify, defend and hold harmless the Indemnified Parties shall apply to all liability as defined above regardless of whether the Indemnified Parties were or are alleged to have been negligent, except that it shall not apply to claims arising from the sole negligence or willful intentional misconduct of the Indemnified Parties. Consultant’s obligation to defend the Indemnified Parties is not contingent upon there being an MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 131 of 164 AGREEMENT NO. 26-61
5 acknowledgement of or determination of the merit of any claims, liability, demands, causes of action, suits, losses, expenses, errors, omissions and/or costs. (c) Subcontractors/Subconsultants and Indemnification. Consultant agrees to and shall obtain executed indemnity agreements in favor of the Indemnified Parties with provisions identical to those set forth from each and every Subcontractor, Sub consultant, or other person or entity involved by, for, with, or on behalf of Consultant in the performance of any aspect of this Agreement. In the event Consultant fails to obtain such indemnity obligations, Consultant shall be fully responsible for each and every Subcontractor, Subconsultant or other person or entity in terms of defense, indemnity and hold harmless obligations in favor of the Indemnified Parties as set forth above. This obligation to indemnify and defend the Indemnified Parties is binding on the successors, assigns, or heirs of Consultant and shall survive the full performance or termination of this Agreement. These indemnification provisions are independent of and shall not in any way be limited or superseded by the insurance requirements and insurance-related provisions of this Agreement.
(d) City Lost or Damaged Property – Theft. Consultant further agrees to pay or cause to be paid to the Indemnified Parties’ benefit, any and all damages, fines, penalties, and loss or theft of property of the City arising out of or related in any way to the negligent acts or omissions or intentional misconduct of Consultant or of Consultant’s officers, agents, representatives, employees, independent contractors, subcontractors or affiliated or related entities and/or its or their employees, agents and representatives, whether such actions, omissions to act, negligence or intentional conduct is or was authorized by this Agreement or not. City assumes no responsibility whatsoever for any property placed on the premises of City. Consultant further agrees to waive all rights of subrogation against the Indemnified Parties.
(e) Non-Waiver and Non-Exhaustion of City’s Further Rights and Remedies. No aspect of this provision shall in any way limit or effect the rights of the Indemnified Parties against the Consultant under the terms of this Agreement or otherwise. The indemnification provisions shall apply regardless of whether this Agreement is executed after Consultant begins the work and shall extend to claims arising after this Agreement is performed or terminated, including a dispute as to the termination of Consultant. The indemnity obligations of Consultant shall continue until it is determined by final judgment that the claim against the City and any Indemnified Parties is determined by final judgment and after exhaustion of any rights of appeal. Further, no aspect of this provision shall impact the City’s rights to contribution from Consultant, or for the City to dispute Consultant’s refusal to defend and indemnify City.
(f) Limitations on Scope of Indemnity. Notwithstanding the foregoing, Consultant shall not be responsible for indemnification for claims or losses caused by the sole negligence or intentional wrongdoing of Indemnified Parties. Further, the indemnity provided shall be interpreted as broadly as permitted under California law and as to agreements between parties and shall if required be reformed to be consistent with those laws to protect and save this provision for the protection of the Indemnified Parties.

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6 (g) The obligations of Consultant under this or any other provision of this Agreement shall not be limited by the provisions of any workers’ compensation act or similar act. The Consultant expressly waives any statutory immunity under such statutes or laws as to the Indemnified Parties. The Consultant’s indemnity obligation set forth in this Section 9 shall not be limited by the limits of any policies of insurance required or provided by the Consultant pursuant to this Agreement.
(h) The Consultant’s covenant under this Section 9 shall survive the expiration or termination of this Agreement.

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

Automobile liability insurance and endorsements shall be kept in force at all times during the performance of this Agreement.
(3) Workers’ Compensation: Workers’ Compensation Insurance, as required by the State of California and Employer’s Liability Insurance with a limit of not less than $1,000,000 each accident for bodily injury and $1,000,000 each employee for bodily injury by disease. (4) Professional Liability: Professional Liability insurance with limit of not less than $1,000,000 each claim. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusion that may potentially affect the work to be performed.

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7 (b) Endorsements
Insurance policies shall not be in compliance if they include any limiting provision or endorsement. The insurance policies shall contain, or be endorsed to contain, the following provisions:
(1) Commercial General Liability
Additional Insured: The City, its elected officials, officers, employees, volunteers, boards, agents and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or operations.

Coverage for the additional insureds shall apply to the fullest extent permitted by law.

Additional Insured Endorsements shall not:

1. Be limited to “Ongoing Operations”

2. Exclude “Contractual Liability

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

4. Exclude “Third-Party-Over Actions”

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

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

Primary Insurance: This insurance shall be primary and any other insurance whether primary, excess, umbrella or contingent insurance, including deductible, or self-insurance available to the insureds added by endorsement shall be in excess of and shall not contribute with this insurance.
(3) Workers’ Compensation
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8 Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties. (c) Notice of Cancellation
Required insurance policies shall not be cancelled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (d) Waiver of Subrogation
Required insurance coverages shall not prohibit Consultant from waiving the right of subrogation prior to a loss. Consultant shall waive all rights of subrogation against the indemnified parties and policies shall contain or be endorsed to contain such a provision. This provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer.
(e) Evidence of Insurance
All policies, endorsements, certificates, and/or binders shall be subject to approval by the City as to form and content. These requirements are subject to amendment or waiver only if so approved in writing by the City. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
(f) Deductible or Self-Insured Retention
Any deductible or self-insured retention must be approved in writing by the City and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the Consultant or the City.
(g) Contractual Liability/Insurance Obligations
The coverage provided shall apply to the obligations assumed by the Consultant under the indemnity provisions of this Agreement. The insurance obligations under this Agreement shall be: (1) all the insurance coverage and/or limits carried by or available to the Consultant; or (2) the minimum insurance coverage requirements and/or limits shown in this Agreement; whichever is greater. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits, which are MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 135 of 164 AGREEMENT NO. 26-61
9 applicable to a given loss, shall be available to the City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of the Consultant under this Agreement.
(h) Failure to Maintain Coverage
Consultant agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City. The City shall have the right to withhold any payment due Consultant until Consultant has fully complied with the insurance provisions of this Contract. In addition, the City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may take out the necessary insurance and pay, at Consultant’s expense, the premium thereon.

In the event that the Consultant’s operations are suspended for failure to maintain required insurance coverage, the Consultant shall not be entitled to an extension of time for completion of the Work because of production lost during suspension. (i) Acceptability of Insurers
Each such policy shall be from a company or companies with a current A.M.

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

11. INDEPENDENT CONTRACTOR
(a) Consultant is and shall at all times remain as to the Successor Agency a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control and shall not be construed to be employees of Successor Agency for any purpose, including eligibility under Public Employees Retirement Law. Neither Successor Agency nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 136 of 164 AGREEMENT NO. 26-61
10 as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the Successor Agency. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against Successor Agency, or bind Successor Agency in any manner.
(b) No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement Successor Agency shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for Successor Agency. Successor Agency shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.

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

13. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the Successor Agency in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the Successor Agency will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.

Violation of this Section shall be a material breach of this Agreement entitling the Successor Agency to any and all remedies at law or in equity.

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

15. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without Successor Agency's prior written authorization. Consultant, its officers, employees, MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 137 of 164 AGREEMENT NO. 26-61
11 agents, or subconsultants, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, responses to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the Successor Agency. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives Successor Agency notice of such court order or subpoena.
(b) Consultant shall promptly notify Successor Agency should Consultant, its officers, employees, agents or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, requests for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the Successor Agency. Successor Agency retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with Successor Agency and to provide the opportunity to review any response to discovery requests provided by Consultant. However, Successor Agency's right to review any such response does not imply or mean the right by Successor Agency to control, direct, or rewrite said response.
(c) Consultant covenants that neither he/she nor any office or principal of their firm have any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder.

Consultant further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent or subconsultant.

Consultant further covenants that Consultant has not contracted with nor is performing any services, directly or indirectly, with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the Successor Agency or the study area and further covenants and agrees that Consultant and/or its subconsultants shall provide no service or enter into any agreement or agreements with a/any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the Successor Agency or the study area prior to the completion of the work under this Agreement.

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

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12 To Successor Agency:

Janet Kulbeck, Director of Finance
City of Montclair
5111 Benito
Montclair, CA 91763
To Consultant:

Greg Fankhanel, CPA, Partner
Van Lant & Fankhanel, LLP
29970 Technology Drive, Suite 105A
Murrieta, CA 92563
The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the Successor Agency. Because of the personal nature of the services to be rendered pursuant to this Agreement, only Greg Fankhanel (responsible employee) shall perform the services described in this Agreement.

Consultant's responsible employee may use assistants, under his direct supervision, to perform some of the services under this Agreement. Consultant shall provide Successor Agency fourteen (14) days' notice prior to the departure of the responsible employee from Consultant's employ. Should he leave Consultant's employ, the Successor Agency shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the Successor Agency and the Consultant.

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

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

19. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 139 of 164 AGREEMENT NO. 26-61
13 agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

20. CONTENTS OF ENGAGEMENT REQUIREMENTS
Consultant is bound by the contents of Consultant’s Engagement Letter, Exhibit "A" hereto and incorporated herein by this reference. In the event of conflict between the terms of the Engagement Letter and this Agreement, the requirements of this Agreement shall take precedence over those contained in the Consultant's Engagement Letter.

21. CONFIDENTIALITY
Information and materials obtained by the Consultant from Successor Agency during the performance of this Agreement shall be treated as strictly confidential and shall not be used by the Consultant for any purpose other than the performance of this Agreement.

22. DISCRIMINATION
The Consultant agrees that no person shall be excluded from employment in the performance of this Agreement on grounds of race, creed, color, sex, age, marital status, or place of national origin. In this connection, the Consultant agrees to comply with all County, State and Federal laws relating to equal employment opportunity rights.

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

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

CITY OF MONTCLAIR AS SUCCESSOR

AGENCY FOR THE CITY OF MONTCLAIR

REDEVELOPMENT AGENCY VAN LANT & FANKHANEL, LLP
By: ______________________________ By: ______________________________ Javier John Dutrey, Chair Greg Fankhanel, CPA, Partner
Attest:

By: ______________________________
Andrea Myrick, Secretary
MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 141 of 164 AGREEMENT NO. 26-61
15 EXHIBIT A
Engagement Letter
with
Van Lant & Fankhanel, LLP
MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 142 of 164 AGREEMENT NO. 26-61
16 EXHIBIT B
Schedule of Payment:

As work progresses Successor Agency agrees to pay Consultant monthly for actual time spent on the various engagements priced out utilizing the hours performed by the various professional staff working on such engagements.

MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 143 of 164 July 16, 2026
To the City Council and Management
City of Montclair
5111 Benito Street
Montclair, CA 91763
We are pleased to confirm our understanding of the services we are to provide the City of Montclair (City) as Successor Agency for the City of Montclair Redevelopment Agency for the fiscal year ending June 30, 2026.

Audit Scope and Objectives
We will audit the financial statements of the City of Montclair as Successor Agency for the City of Montclair Redevelopment Agency (Successor Agency), which comprise the bonding financial disclosure basis project area balance sheet, all debt services funds, as of June 30, 2026, and the bonding financial disclosure basis project area revenues, expenditures and changes in fund balances, all debt service funds, for the year then ended, and the related notes to the financial statements. The financial statements will be prepared by the Successor Agency on the basis of the financial reporting provisions of bonding financial disclosure requirements, which is a basis of accounting other than accounting principles generally accepted in the United States of America, to comply with the financial disclosure provisions of the bonding contractual relationships referred to above.

The objectives of our audit are to obtain reasonable assurance as to whether the financial statements as a whole are free from material misstatement, whether due to fraud or error; issue an auditor’s report that includes our opinion about whether your financial statements are fairly presented, in all material respects, in conformity with the financial reporting disclosure provisions applicable to the outstanding bond issues. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with GAAS will always detect a material misstatement when it exists. Misstatements, including omissions, can arise from fraud or error and are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment of a reasonable user made based on the financial statements.

Our audit report will include a paragraph describing that the financial statements are prepared on the basis of the financial reporting provisions of bonding financial disclosure requirements, which is a basis of accounting other than accounting principles generally accepted in the United States of America. As a result, our audit report will include an adverse opinion on the financial statements in accordance with U.S. generally accepted accounting principles.

Auditor’s Responsibilities for the Audit of the Financial Statements We will conduct our audit in accordance with GAAS and will include tests of your accounting records and other procedures we consider necessary to enable us to express such opinions. As part of an audit in accordance with GAAS, we exercise professional judgment and maintain professional skepticism throughout the audit.
1 EXHIBIT A
MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 144 of 164 We will evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management. We will also evaluate the overall presentation of the financial statements, including the disclosures, and determine whether the financial statements represent the underlying transactions and events in a manner that achieves fair presentation. We will plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the government or to acts by management or employees acting on behalf of the government.

Because of the inherent limitations of an audit, combined with the inherent limitations of internal control, and because we will not perform a detailed examination of all transactions, there is an unavoidable risk that some material misstatements may not be detected by us, even though the audit is properly planned and performed in accordance with GAAS. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements. However, we will inform the appropriate level of management of any material errors, fraudulent financial reporting, or misappropriation of assets that comes to our attention. We will also inform the appropriate level of management of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. Our responsibility as auditors is limited to the period covered by our audit and does not extend to any later periods for which we are not engaged as auditors.

We will also conclude, based on the audit evidence obtained, whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the government’s ability to continue as a going concern for a reasonable period of time.

Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, tests of the physical existence of inventories, and direct confirmation of receivables and certain assets and liabilities by correspondence with selected customers, creditors, and financial institutions. We will also request written representations from your attorneys as part of the engagement.

We may, from time to time and depending on the circumstances, use third-party service providers in serving your account. We may share confidential information about you with these service providers but remain committed to maintaining the confidentiality and security of your information.

Accordingly, we maintain internal policies, procedures, and safeguards to protect the confidentiality of your personal information. In addition, we will secure confidentiality agreements with all service providers to maintain the confidentiality of your information and we will take reasonable precautions to determine that they have appropriate procedures in place to prevent the unauthorized release of your confidential information to others. In the event that we are unable to secure an appropriate confidentiality agreement, you will be asked to provide your consent prior to the sharing of your confidential information with the third-party service provider.

Furthermore, we will remain responsible for the work provided by any such third-party service providers.

Our audit of the financial statements does not relieve you of your responsibilities.

Audit Procedures – Internal Control
We will obtain an understanding of the government and its environment, including internal control relevant to the audit, sufficient to identify and assess the risks of material misstatement of the financial statements, whether due to error or fraud, and to design and perform audit procedures responsive to those risks and obtain evidence that is sufficient and appropriate to provide a basis for our opinions. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentation, or the override of internal control. An audit is not designed to provide assurance on internal control or to identify deficiencies in internal control. Accordingly, we will express no such opinion. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under AICPA professional standards.
2 MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 145 of 164 Audit Procedures – Compliance
As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the City’s compliance with the provisions of applicable laws, regulations, contracts, and agreements. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion.

Responsibilities of Management for the Financial Statements Our audit will be conducted on the basis that you acknowledge and understand your responsibility for designing, implementing, and maintaining internal controls relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error, including monitoring ongoing activities; for the selection and application of accounting principles; and for the preparation and fair presentation of the financial statements in conformity with accounting principles generally accepted in the United States of America with the oversight of those charged with governance.

Management is responsible for making drafts of financial statements, all financial records, and related information available to us and for the accuracy and completeness of that information (including information from outside of the general and subsidiary ledgers). You are also responsible for providing us with (1) access to all information of which you are aware that is relevant to the preparation and fair presentation of the financial statements, such as records, documentation, identification of all related parties and all related-party relationships and transactions, and other matters; (2) additional information that we may request for the purpose of the audit; and (3) unrestricted access to persons within the government from whom we determine it necessary to obtain audit evidence. At the conclusion of our audit, we will require certain written representations from you about the financial statements and related matters Management is also responsible for including all informative disclosures that are appropriate for the special purpose framework used to prepare the entity's financial statements, including:
a. a description of the special purpose framework, including a summary of significant accounting policies, and how the framework differs from GAAP. b. informative disclosures similar to those required by GAAP, in the case of special purpose financial statements that contain items that are the same as, or similar to, those in financial statements prepared in accordance with GAAP. c. a description of any significant interpretations of the contract on which the special purpose financial statements are based, in the case of special purpose financial statements prepared in accordance with a contractual basis of accounting. d. additional disclosures beyond those specifically required by the framework that may be necessary for the special purpose financial statements to achieve fair presentation.

Your responsibilities include adjusting the financial statements to correct material misstatements and confirming to us in the management representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements of each opinion unit taken as a whole.

You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the government involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the government complies with applicable laws and regulations.

With regard to the electronic dissemination of audited financial statements, including financial statements published electronically on your website, you understand that electronic sites are a means to distribute information and, therefore, we are not required to read the information 3 MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 146 of 164 contained in these sites or to consider the consistency of other information in the electronic site with the original document.

Engagement Administration, Fees, and Other
We understand that your employees will prepare all cash, accounts receivable, or other confirmations we request and will locate any documents selected by us for testing.

The audit documentation for this engagement is the property of Van Lant & Fankhanel, LLP and constitutes confidential information. However, pursuant to authority given by law or regulation, we may be requested to make certain audit documentation available to federal cognizant and grantor agencies, or its designee, a federal agency providing direct or indirect funding, or the U.S.

Government Accountability Office for purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of our firm.

Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties. These parties may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies. In such cases, Van Lant & Fankhanel, LLP is not responsible for the distribution of the copies or information contained therein.

The audit documentation for this engagement will be retained for a minimum of seven years after the report release date.

Greg Fankhanel is the engagement partner and is responsible for supervising the engagement and signing the reports or authorizing another individual to sign them. Our proposed fees for these services for the year ended June 30, 2026 and future years are as follows:

Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. In accordance with our firm policies, work may be suspended if your account becomes 30 days or more overdue and may not be resumed until your account is paid in full. If we elect to terminate our services for nonpayment, our engagement will be deemed to have been completed upon written notification of termination, even if we have not completed our report(s).

You will be obligated to compensate us for all time expended and to reimburse us for all out-ofpocket costs through the date of termination. The above fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs.

Reporting
We will issue a written report upon completion of our audit of the City’s Successor Agency financial statements. Our report will be addressed to the City Council of the City of Montclair.

Circumstances may arise in which our report may differ from its expected form and content based on the results of our audit. Depending on the nature of these circumstances, it may be necessary for us to modify our opinions, add a separate section, or add an emphasis-of-matter or othermatter paragraph to our auditor’s report, or if necessary, withdraw from this engagement. If our opinions are other than unmodified, we will discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or withdraw from this engagement.

We appreciate the opportunity to be of service to the City and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us Service 2026 2027 2028 2029 2030 Total
Successor Agency Audit 7,750$ 7,950$ 8,200$ 8,450$ 8,700$ 41,050$ Fiscal Year Ending June 30,
4 MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 147 of 164 know. If you agree with the terms of our engagement as described in this letter, please sign a copy and return it to us.

Very truly yours,
Greg Fankhanel
Certified Public Accountant
RESPONSE:

This letter correctly sets forth the understanding of the City of Montclair (Successor Agency).

Management signature:

Title:

Date:
5 MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 148 of 164

CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 17, 2026
SECTION: CONSENT - RESOLUTIONS
ITEM NO.: 1
FILE I.D.: TRN510
DEPT.: PUBLIC WORKS
PREPARER: R. HOERNING
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 26–3531 ADOPTING THE MEASURE I FIVE–YEAR LOCAL STREET CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS 2026–27 THROUGH 2030–31
CONSIDER ADOPTION OF RESOLUTION NO. 26–3532 ADOPTING THE MEASURE I CAPITAL PROJECT NEEDS ANALYSIS FOR FISCAL YEARS 2026–27 THROUGH 2030–31 REASON FOR CONSIDERATION: The San Bernardino County Transportation Authority (SBCTA) requires each local jurisdiction to annually update its Five–Year Local Street Capital Improvement Program (CIP) and the Five–Year Capital Project Needs Analysis (CPNA). The City Council is requested to consider adoption of Resolution No. 26–3531 adopting the Measure I Five–Year Local Street CIP for Fiscal Years 2026–27 through 2030–31, and Resolution No. 26–3532 adopting the Measure I CPNA for Fiscal Years 2026–27 through 2030–31.

Copies of proposed Resolution Nos. 26–3531and 26–3532 adopting the Five–Year Local Street CIP and Five–Year CPNA, respectively, are attached for City Council review and consideration.

BACKGROUND: Measure I, the 2010–2040 countywide transportation sales tax program, requires that each local jurisdiction applying for funds from the Valley Major Street and Valley Freeway Interchange Programs annually adopt and update Five–Year CPNAs and CIPs. The CPNA differs from the Measure I CIP in that the CPNA contains only projects that are included in SBCTA’s Nexus Study Program. Projects in the CPNA typically include freeway interchange projects, arterial widening projects, and grade separation projects.

Project funding also includes contributions from developers through the regional Development Impact Fee Program. The CPNA projects in the City of Montclair that make use of the Valley Major Street and Freeway Interchange Program funds include the reconstruction of the Monte Vista Avenue/I–10 Freeway Interchange Project. The CIP list identifies the projects which will be funded by the local pass–through program.

FISCAL IMPACT: There would be no immediate fiscal impact to the City with the City Council’s adoption of proposed Resolution Nos. 26–3531and 26–3532. Measure I Local Pass–Through Program funds are received monthly and fund the projects listed on the Local Street CIP. The CPNA, as its name implies, is a needs analysis allowing SBCTA to prioritize transportation improvement needs throughout the County. Having projects listed in the CPNA is not a guarantee that funds would be made available when needed, but failure to have a project listed would further delay funding until the project is listed.

The City has been successful expediting construction of major infrastructure and utilized the available loan program from SBCTA to accelerate construction of improvements needed at I–10 and Monte Vista Avenue Interchange. Future arterial program revenues from the SBCTA program will be used to pay the loan, and will be reimbursed by City collected regional transportation development fees.

MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 149 of 164 RECOMMENDATION: Staff recommends that the City Council take the following actions:

1. Adopt Resolution No. 26–3531 adopting the Measure I Five–Year Local Street Capital Improvement Program for Fiscal Years 2026–27 through 2030–31; and

2. Adopt Resolution No. 26–3532 adopting the Measure I Five–Year Capital Project Needs Analysis for Fiscal Years 2026–27 through 2030–31.

MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 150 of 164 Resolution No. 26–3531 Page 1 of 3
RESOLUTION NO. 26–3531

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MONTCLAIR ADOPTING THE MEASURE I FIVE–YEAR

CAPITAL IMPROVEMENT PROGRAM AND EXPENDITURE
STRATEGY FOR FISCAL YEAR 2026–27 TO FISCAL YEAR
2030–31
WHEREAS, San Bernardino County voters approved passage of Measure I in November 2004, authorizing the San Bernardino County Transportation Authority (SBCTA) to impose a one–half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino; and WHEREAS, revenue from the tax can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plans set forth in Ordinance 04–01 of the Authority, and
WHEREAS, the SBCTA’s Measure I Strategic Plan requires each local jurisdiction applying for revenue from the Local Streets Program to annually adopt and update a Five–Year Capital Improvement Plan; and
WHEREAS, California Public Utilities Code 190300 and Ordinance No. 04–1 require each local jurisdiction to maintain General Fund expenditures for transportation– related construction and maintenance activities at the required Maintenance of Effort base year level in each fiscal year of the adopted Five–Year Capital Improvement Plan, which for the City of Montclair is $985,079.

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Montclair hereby adopts the Measure I Five–Year Capital Improvement Program and Expenditure Strategy for Fiscal Year 2026–27 to Fiscal Year 2030–31 attached to this resolution.

APPROVED AND ADOPTED this XX day of XX, 20XX.

Mayor
ATTEST:

City Clerk
I, Andrea M. Myrick, City Clerk of the City of Montclair, DO HEREBY CERTIFY that Resolution No. 26–3531 was duly adopted by the City Council of said city and was approved by the Mayor of said city at a regular meeting of said City Council held on the XX day of XX, 20XX, 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 – 08/17/2026 Page 151 of 164 Resolution No. 26–3531 Page 2 of 3

CITY OF MONTCLAIR

MEASURE I CAPITAL IMPROVEMENT PLAN

EXPENDITURE STRATEGY
Fiscal Year 2026/2027 through 2030/2031
The City of Montclair currently has a carryover balance of $9,429,388 in the Measure I Local Street fund and anticipates and additional $987,071 in pass through revenue for 2026-27. These funds are planned for local street rehabilitation maintenance project and for use in local match leveraging to secure supplemental transportation grant funded projects to maximize transportation project improvements within the City.

MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 152 of 164 Measure I Local Pass-through Program

FIVE YEAR CAPITAL IMPROVEMENT PLAN
Fiscal Years 2026/2027 thru 2030/2031
6/30/26 Carryover Balance $9,429,388.00
Is Project in
City's
Non-motorized
Transportation
Plan?
(Yes/No)
Does Project have an ATP
Component?
(Yes/No)
Is the Project on the
City's Nexus Study List?
(Public/DIF Share %)
Estimated Total
Project Cost
FY2026/27 Est. Revenue FY2027/28 Est. Revenue FY2028/29 Est. Revenue FY2029/30 Est. Revenue FY2030/31 Est. Revenue Total Est. Rev. $987,071 $1,010,563 $1,035,219 $1,060,477 $1,086,350 $5,179,680 Current
Estimate
Current
Estimate
Current
Estimate
Current
Estimate
Current
Estimate Total Projects:

Central Avenue Bridge Replacement Project No No 100.0% 0.0% $64,642,000 $300,000 $300,000 $300,000 $300,000 $300,000 $1,500,000Street Rehabilitation Projects No No 100.0% 0.0% $3,500,000 $700,000 $700,000 $700,000 $700,000 $700,000 $3,500,000

0.0% 0.0% $0 $0 $0 $0 $0 $0 $00.0% 0.0% $0 $0 $0 $0 $0 $0 $00.0% 0.0% $0 $0 $0 $0 $0 $0 $00.0% 0.0% $0 $0 $0 $0 $0 $0 $00.0% 0.0% $0 $0 $0 $0 $0 $0 $00.0% 0.0% $0 $0 $0 $0 $0 $0 $00.0% 0.0% $0 $0 $0 $0 $0 $0 $00.0% 0.0% $0 $0 $0 $0 $0 $0 $00.0% 0.0% $0 $0 $0 $0 $0 $0 $00.0% 0.0% $0 $0 $0 $0 $0 $0 $00.0% 0.0% $0 $0 $0 $0 $0 $0 $00.0% 0.0% $0 $0 $0 $0 $0 $0 $00.0% 0.0% $0 $0 $0 $0 $0 $0 $00.0% 0.0% $0 $0 $0 $0 $0 $0 $00.0% 0.0% $0 $0 $0 $0 $0 $0 $00.0% 0.0% $0 $0 $0 $0 $0 $0 $00.0% 0.0% $0 $0 $0 $0 $0 $0 $00.0% 0.0% $0 $0 $0 $0 $0 $0 $00.0% 0.0% $0 $0 $0 $0 $0 $0 $00.0% 0.0% $0 $0 $0 $0 $0 $0 $0 Projects Total: $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $5,000,000 (Must not exceed 150% of Carryover Balance + Total Estimated Revenue) Total Programming is currently 34% Total Estimated Programming: $5,000,000 Resolution Number: 26-3531
Resolution Approval Date: 8/17/2026
Contact Person/Title: Rosemary Hoerning, Exec. Dir. of Engrg Phone: (909) 625-9446
Email: [email protected]
Resolution No. 26–3531 Page 3 of 3
MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 153 of 164 Resolution No. 26–3532 Page 1 of 2
RESOLUTION NO. 26–3532

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MONTCLAIR ADOPTING THE MEASURE I FIVE–YEAR

CAPITAL PROJECTS NEEDS ANALYSIS FOR FISCAL
YEARS 2026–2027 THROUGH 2030–2031
WHEREAS, San Bernardino County voters approved passage of Measure I in November 2004, authorizing the San Bernardino County Transportation Authority to impose a one–half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino; and WHEREAS, revenue from the tax can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plans set forth in Ordinance No. 04–1 of the Authority; and
WHEREAS, the Strategic Plan requires each local jurisdiction applying for revenue from certain Measure I Programs to annually adopt and update a Five–Year Capital Project Needs Analysis; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Montclair hereby adopts the Measure I Five–Year Capital Project Needs Analysis for Fiscal Years 2026–2027 through 2030–2031, a copy of which is attached to this Resolution.

APPROVED AND ADOPTED this XX day of XX, 20XX.

Mayor
ATTEST:

City Clerk
I, Andrea M. Myrick, City Clerk of the City of Montclair, DO HEREBY CERTIFY that Resolution No. 26–3532 was duly adopted by the City Council of said city and was approved by the Mayor of said city at a regular meeting of said City Council held on the XX day of XX, 20XX, 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 – 08/17/2026 Page 154 of 164 Nexus Project Cost $ 32,219,539
Dev. Loan? Yes 5-Year Advance? No Public Share: Per Coop Dev. Share: Agreement Project Information Phase Funding PRIOR* FY 27/28 FY 28/29 FY 29/30 FY 30/31 FY 31/32 FUTURE I-10 & Monte Vista Avenue PA&ED Total Cost: $0.00 Fund Type: MSI Interchange $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ -
Current Total Project Cost Estimate: PS&E
Total Cost: $0.00
$0.00 Fund Type: MSI Interchange $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ -
Total Measure I Request: - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ -
$0.00 Other: ______ $ - $ - $ - $ - $ - $ - $ - (Summation of Measure I) ROW Total Cost: $0.00 Fund Type: MSI Interchange $ - $ - $ - $ - $ - $ - $ - Comments: - Select Fund - $ - $ - $ - $ - $ - $ - $ - Measure I Arterial Funds drawdown - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
CONST Total Cost: $1,990,241.00 Fund Type: MSI Interchange $ - $ - $ - $ - $ - $ - $ - DEV LOAN $ - $ 1,990,241.00 $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ -
*Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2025/2026 expenses.

Reference: Measure I Policies 40005 and 40006
Capital Project Needs Analysis
City of Montclair
Valley Freeway Interchange Program
Resolution No. 26–3532 Page 2 of 2
MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 155 of 164

CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 17, 2026
SECTION: CONSENT - RESOLUTIONS
ITEM NO.: 2
FILE I.D.: GRT200/REF275
DEPT.: HUMAN SVCS./PUBLIC WORKS
PREPARER: A. COLUNGA
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 26–3533 AUTHORIZING THE SUBMISSION

OF AN APPLICATION FOR GRANT FUNDS FOR THE BEVERAGE CONTAINER RECYCLING

GRANT PROGRAM OF THE DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY (CALRECYCLE), AND AUTHORIZING THE EXECUTION OF APPLICATION–RELATED

DOCUMENTS BY THE CITY MANAGER OR HIS DESIGNEE
REASON FOR CONSIDERATION: The City Council is requested to consider adoption of Resolution No. 26–3533 authorizing submission of an application for grant funds for the Beverage Container Recycling Grant Program of the Department of Resources Recycling and Recovery (CalRecycle), and authorizing the execution of application–related documents by the City Manager or his designee.

BACKGROUND: CalRecycle offers the Beverage Container Recycling Grant Program pursuant to Section 14581(a)(4) of the Public Resources Code. The purpose of the grant is to issue up to $1,500,000 annually for beverage container recycling and litter reduction programs to promote increased recycling of beverage containers throughout California and reduce beverage container litter in the waste stream.

The City of Montclair is applying to improve the City–Wide Water Refill Station Installation Project which will make improvements by replacing outdated drinking fountains with modern combination drinking fountains and water bottle filling stations. The Project will expand equitable access to free, potable drinking water, encourage the use of reusable water bottles, and reduce reliance on single–use beverage containers. By creating a citywide network of permanent refill stations, the Project will reduce beverage container waste, support healthy hydration, and advance the City's long–term sustainability and waste reduction goals.

To receive these funds annually, CalRecycle requires the governing body of the applicant to provide a signed resolution authorizing the local jurisdiction to apply for the grant, authorizing the signature authority to execute all documents necessary to implement and secure payment; and authorizing a time period in which the above is effective for a maximum of five years.

FISCAL IMPACT: Adoption of proposed Resolution No. 26–3533 would have no direct fiscal impact on the City's General Fund at this time, but may result in the award to improve the City–Wide Water Refill Station. The requested funding amount is still being determined but is estimated to be $200,000.

RECOMMENDATION: Staff recommends the City Council adopt Resolution No. 26–3533 authorizing the submission of an application for grant funds for the Beverage Container Recycling Grant Program of the Department of Resources Recycling and Recovery (CalRecycle), and authorizing the execution of application–related documents by the City Manager or his designee.

MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 156 of 164 Resolution No. 26–3533 Page 1 of 1
RESOLUTION NO. 26–3533

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF MONTCLAIR AUTHORIZING

SUBMITTAL OF AN INDIVIDUAL GRANT

APPLICATION FOR CALRECYCLE BEVERAGE

CONTAINER RECYCLING GRANT PROGRAM
WHEREAS, the California Public Resources Code authorizes the Department of Resources Recycling and Recovery (CalRecycle) to administer various Grant Programs; and
WHEREAS, in furtherance of this authority, CalRecycle is required to establish procedures governing the administration of the Grant Programs; and WHEREAS, CalRecycle grant application procedures require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of CalRecycle Grants
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Montclair hereby:

1. Approves the submittal of an application to CalRecycle for the Beverage Container Recycling Grant Program.

2. Authorizes the City Manager, or their designee, as Signature Authority to execute in the name of the City of Montclair all grant documents, including but not limited to, applications, agreements, amendments, and requests for payment, necessary to secure grant funds and implement the approved grant project; and

3. Approves these authorizations are effective for five years from the date of adoption.

APPROVED AND ADOPTED this XX day of XX, 20XX.

Mayor
ATTEST:

City Clerk
I, Andrea M. Myrick, City Clerk of the City of Montclair, DO HEREBY CERTIFY that Resolution No. 26–3533 was duly adopted by the City Council of said city and was approved by the Mayor of said city at a regular meeting of said City Council held on the XX day of XX, 20XX, 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 – 08/17/2026 Page 157 of 164

CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 17, 2026
SECTION: CONSENT - RESOLUTIONS
ITEM NO.: 3
FILE I.D.: GRT200/EMER130/CDV022
DEPT.: HUMAN SVCS./PUBLIC WORKS
PREPARER: A. COLUNGA
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 26–3534 AUTHORIZING THE

SUBMISSION OF AN APPLICATION FOR GRANT FUNDS FOR THE COMMUNITY

RESILIENCE CENTERS PROGRAM FROM THE STRATEGIC GROWTH COUNCIL AND AUTHORIZING THE EXECUTION OF APPLICATION–RELATED DOCUMENTS BY THE

CITY MANAGER OR HIS DESIGNEE
REASON FOR CONSIDERATION: The City Council is requested to consider adoption of Resolution No. 26–3534 authorizing submission of an application for grant funds for the Community Resilience Centers Program from the California Strategic Growth Council and authorizing the execution of application–related documents by the City Manager or his designee.

BACKGROUND: The Community Resilience Center Program was created as a part of California’s 2021–2022 Climate Budget Package. The budget focuses on addressing wildfire and drought, strengthening community resilience, promoting sustainable agriculture, and advancing the state’s climate goals. The Strategic Growth Council expects to have 55 million in Round 2 grants from the Climate Bond to implement the Community Resilience Center Program (CRC).

Grant options are separated between planning and implementation grants. Planning grants will fund communities in the initial stages of CRC project development. Grant activities will prepare grantees for future funding to build or renovate resilience centers and are likely to better position the City of Implementation funding in the future. The City’s application will be within the planning category and will identify potential sites for a future Community Resilience Center.

Public agencies serving are required to provide evidence of an adopted formal resolution which includes authorization to apply for and receive program funds and execute all documents and activities related to the grant, if awarded.

FISCAL IMPACT: Adoption of proposed Resolution No. 26–3534 would have no direct fiscal impact on the City's General Fund at this time, but may result in the award to create a Community Resilience Center Plan. The requested funding amount is still being determined.

RECOMMENDATION: Staff recommends the City Council adopt Resolution No. 26–3534 authorizing the submission of an application for grant funds for the Community Resilience Centers Program from the Strategic Growth Council and authorizing the execution of application–related documents by the City Manager or his designee.

MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 158 of 164 Resolution No. 26–3534 Page 1 of 1
RESOLUTION NO. 26–3534

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF MONTCLAIR AUTHORIZING THE SUBMISSION OF

AN APPLICATION FOR GRANT FUNDS FOR THE

COMMUNITY RESILIENCE CENTERS PROGRAM FROM

THE CALIFORNIA STRATEGIC GROWTH COUNCIL
AND AUTHORIZING THE EXECUTION OF APPLICATION–RELATED DOCUMENTS BY THE CITY

MANAGER OR HIS DESIGNEE
WHEREAS, the City of Montclair proposes to implement the Montclair Community Resilience Center Planning Project;
WHEREAS, the City of Montclair has the legal authority and is authorized to enter into a funding agreement with the State of California and the California Strategic Growth Council; and
WHEREAS, the City of Montclair intends to apply for the Planning grant funding from the California Strategic Growth Council’s Community Resilience Centers (CRC) Program for the Montclair Community Resilience Center Planning Project; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Montclair hereby:

1. Authorizes the City Manager or designee to prepare and file an application for funding with the California Strategic Growth Council and take such other actions as necessary or appropriate to obtain grant funding

2. Authorizes the City Manager or designee to execute the funding agreement with the California Strategic Growth Council and any amendments thereto.

3. Authorizes the City Manager or designee to submit any required documents, invoices, and reports required to obtain grant funding.

APPROVED AND ADOPTED this XX day of XX, 20XX.

Mayor
ATTEST:

City Clerk
I, Andrea M. Myrick, City Clerk of the City of Montclair, DO HEREBY CERTIFY that Resolution No. 26–3534 was duly adopted by the City Council of said city and was approved by the Mayor of said city at a regular meeting of said City Council held on the XX day of XX, 20XX, 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 – 08/17/2026 Page 159 of 164

CITY COUNCIL

AGENDA REPORT
DATE: AUGUST 17, 2026
SECTION: CONSENT - RESOLUTIONS
ITEM NO.: 4
FILE I.D.: GRT200/PRK550
DEPT.: HUMAN SVCS./PUBLIC WORKS
PREPARER: A. COLUNGA
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 26–3535 AUTHORIZING SUBMISSION OF

AN APPLICATION FOR CLIMATE BOND GRANT FUNDS FROM THE URBAN GREENING

GRANT PROGRAM FOR THE SARATOGA PARK TRANSFORMATION PROJECT REASON FOR CONSIDERATION: The City Council is requested to consider adoption of Resolution No. 26–3535 authorizing submission of an application for Climate Bond grant funds from the Urban Greening Program for the Saratoga Park Transformation Project.

BACKGROUND: On November 5, 2024, California voters passed the Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Act of 2024 (Proposition 4), otherwise known as the “Climate Bond.” The Climate Bond authorizes $10 billion in general obligation bond sales to fund projects to address climate change, protect communities and nature from its impacts, and improve the lives of Californians.

The Urban Greening Grant Program funds projects that use nature–based solutions to mitigate the urban heat island effect, rising temperatures, and extreme heat impacts in urban areas.

Successful Urban Greening projects will green and cool communities and offer multiple benefits including sequestering carbon, limiting stormwater runoff, providing habitat and preserving biodiversity, protecting public health during extreme heat, increasing equity, and expanding economic and workforce opportunities. Funded projects are expected to advance the goals of the State’s Extreme Heat Action Plan and Nature–Based Solutions Climate Targets.

The City previously applied for this grant for Saratoga Park in 2023. At that time, the City successfully made it through the first round of review and was set to enter into the second round with a site visit from the state. However, in early 2024 the City was notified the previously appropriated budget was reverted back to the general fund and a new grant solicitation may be required.

The new solicitation was announced earlier this summer, and the City is poised to resubmit our previously successful application with the updates required by the new solicitation, including this resolution. The first round of review required a concept proposal submission. The City successfully passed the concept proposal review and was invited to submit a full application.

The Saratoga Park Transformation Project (Project) will revitalize and climate–proof the City of Montclair’s 11.7–acre Saratoga Park. The scope of work includes planting drought–tolerant shade trees selected for their carbon sequestration potential, climate adaptability, and low water requirements; installing drought–tolerant shrubs, grasses, and climate–ready landscaping materials; replacing deteriorated turf with drought– tolerant bermudagrass; and installing a permanent weather–based irrigation system utilizing advanced water management technology. The Project will also construct bioswales and other green infrastructure features to improve stormwater capture, infiltration, groundwater recharge, and water quality. Additional improvements include renovation of two parking lots and approximately 2,300 linear feet of walking pathways MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 160 of 164 using permeable pavement to reduce runoff and lower surface temperatures, installation of an ADA–accessible playground designed for children of all abilities, exercise stations, benches, picnic tables, drinking fountains, bicycle racks, fencing, and pet waste stations.

FISCAL IMPACT: Adoption of proposed Resolution No. 26–3535 would have no direct fiscal impact on the City's General Fund at this time, but may result in the award to complete the Saratoga Park Transformation Project. The requested funding amount is five million dollars with a $500,000 match from 2021 Lease Revenue Bond funds.

RECOMMENDATION: Staff recommends the City Council adopt Resolution No. 26–3535 authorizing submission of an application for Climate Bond grant funds from the Urban Greening Grant Program for the Saratoga Park Transformation Project.

MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 161 of 164 Resolution No. 26–3535 Page 1 of 2
RESOLUTION NO. 26–3535

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MONTCLAIR AUTHORIZING THE APPLICATION FOR

CLIMATE BOND GRANT FUNDS FOR URBAN GREENING
PROGRAM FOR THE SARATOGA PARK TRANSFORMATION PROJECT
WHEREAS, the Legislature and Governor of the State of California have provided Climate Bond funds for the project shown above; and
WHEREAS, the California Natural Resources Agency has been delegated the responsibility for the administration of this grant program, establishing necessary procedures; and
WHEREAS, said procedures established by the California Natural Resources Agency require a resolution certifying the approval of application(s) by the Applicant’s governing board before submission of said application(s) to the State; and WHEREAS, the applicant, if selected, will enter into an agreement with the State of California to carry out the above project:

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Montclair hereby:

1. Approves the filing of an application for the Saratoga Park Transformation Project; and

2. Certifies that the applicant understands the assurances and certification in the application; and

3. Certifies that the applicant or title holder will have sufficient funds to develop, operate and maintain the project consistent with the land tenure requirements; or will secure the resources to do so; and

4. Certifies that it will comply with the prevailing wage provisions of the California Labor Code, if applicable; and

5. Certifies the project will comply with any applicable laws and regulation including, but not limited to, the California Environmental Quality Act (CEQA), legal requirements for building codes, health and safety codes, disabled access laws, environmental laws and, that prior to commencement of construction, all applicable licenses and permits will have been obtained; and

6. Certifies that the applicant will work towards the Governor’s State Planning Priorities intended to promote equity, strengthen the economy, protect the environment, and promote public health and safety as included in Government Code Section 65041.1; and

7. Appoints the City Manager, or designee, as agent to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, payment requests and so on, which may be necessary for the completion of the aforementioned project(s).

APPROVED AND ADOPTED this XX day of XX, 20XX.

Mayor
ATTEST:

City Clerk
MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 162 of 164 Resolution No. 26–3535 Page 2 of 2
I, Andrea M. Myrick, City Clerk of the City of Montclair, DO HEREBY CERTIFY that Resolution No. 26–3535 was duly adopted by the City Council of said city and was approved by the Mayor of said city at a regular meeting of said City Council held on the XX day of XX, 20XX, 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 – 08/17/2026 Page 163 of 164 Personnel Committee Minutes – August 3, 2026 Page 1 of 1

MINUTES OF THE MEETING OF THE MONTCLAIR

PERSONNEL COMMITTEE HELD ON MONDAY,
AUGUST 3, 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 20, 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 20, 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 6:30 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 6:30 p.m., Mayor Pro Tem Martinez adjourned the Personnel Committee.

Submitted for Personnel Committee approval,
Edward C. Starr
City Manager
MONTCLAIR CITY COUNCIL MEETING – 08/17/2026 Page 164 of 164