Agenda packet — Montclair City Council, September 8, 2026

CITY OF MONTCLAIR

CITY COUNCIL

SUCCESSOR REDEVELOPMENT AGENCY,

MONTCLAIR HOUSING CORPORATION,

MONTCLAIR HOUSING AUTHORITY, AND

MONTCLAIR COMMUNITY FOUNDATION

MEETINGS

AGENDA PACKET
Tuesday, September 8, 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
Tuesday, September 8, 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
A. Proclamation Declaring September 2026 as National Preparedness Month in the City of Montclair
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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VII. PUBLIC HEARINGS Page No.

A. Second Reading — Consider Adoption of Ordinance No. 26–1018 Amending the Montclair Municipal Code Related to the Compensation Schedule for Members of the City Council [CC]
Consider Assigning Council Member Benjamin Lopez, Having Committed Adjudicated Violations Against “Two or More Individuals,” to Council Compensation Schedule “C” Pursuant to Ordinance No. 26–1018, Effective January 1, 2027 [CC] 5
B. Consider Adoption of Resolution No. 26–3536 Establishing Community Facilities District (CFD) No. 2026–2 (Montclair Station) and the Boundaries Thereof [CC]
Consider Adoption of Resolution No. 26–3537 Calling a Special Election and Submitting to the Voters of CFD No. 2026–2 (Montclair Station) a Proposition for the Annual Levy of Special Taxes Within Said CFD to Pay the Costs of Certain Services to be Provided by the CFD and Establishing an Appropriations Limit for Said CFD [CC]
Consider Adoption of Resolution No. 26–3538 Declaring the Results of the Special Election for CFD No. 2026–2 (Montclair Station) for the Propositions Concerning (I) the Annual Levy of Special Taxes to Pay the Costs of Certain Services to be Provided by the CFD, and (II) Establishing an Appropriations Limit [CC]
First Reading – Consider Ordinance No. 26–1019 Authorizing the Levy of a Special Tax for CFD No. 2026–2 (Montclair Station) [CC] Consider Setting a Public Hearing to Conduct Second Reading and to Consider Adoption of Ordinance No. 26–1019 on Monday, October 5, 2026, at 7:00 p.m. in the City Council Chambers [CC] 22
VIII. CONSENT CALENDAR
A. Approval of Minutes

1. Regular Joint Meeting — June 1, 2026 [CC/SA/MHC/MHA/MCF] 101

2. Special Joint City Council/Planning Commission Meeting — June 3, 2026 [CC] 113 B. Administrative Reports

1. Consider Approval and Ratification of Warrant Register and Payroll Documentation [CC] 77

2. Consider Receiving and Filing the 2026 Local Agency Biennial Notice [CC] Consider Directing Staff to Amend the City’s Conflict of Interest Code and Submit the Revised Code to the City Council for Adoption Within 90 Days Pursuant to the Political Reform Act [CC] 78

3. Consider Amending the 2024–2029 Capital Improvement Program to Add the Traffic Safety Flashing Stop Sign Program 2026 Project [CC] Consider Approving the Project Specifications and Authorizing Staff to Advertise for Bid Proposals for Construction of the Traffic Safety Flashing Stop Sign Program 2026 Project [CC] 81
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4. Consider Acceptance of Work and Approval of the Filing of a Notice of Completion for the CDBG Alleyway Improvement Project 2026 with the San Bernardino County Recorder’s Office [CC]
Consider Authorizing Release of Retention 35 Days After Recordation of Notice of Completion, Reduction of Faithful Performance Bond to 10 Percent, and Release of Payment Bond After Six Months [CC] 84

5. Consider Approval of Parcel Map No. 20474 Located Approximately 200 Feet West of the Intersection of Monte Vista Avenue and Richton Street, West of the San Antionio Creek Channel at 4700 Huntington Drive [CC] Consider Authorizing Parcel Map No. 20474 to be Recorded with the Office of the San Bernardino County Recorder, Subject to Final Approval by the City Engineer [CC] 86
C. Agreements — None
D. Resolutions

1. Consider Adoption of Resolution No. 26–3539 Approving a List of Projects to be Funded in Fiscal Year 2026–27 by Senate Bill 1, the California Road Repair and Accountability Act of 2017 [CC] 94 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]

3. Request to Meet in Closed Session Pursuant to GC §54956(d)(1) Regarding Pending Litigation [CC]
Centeno v. Montclair
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
MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 3 of 115 Page No.

C. City Manager/Executive Director
D. Mayor/Chairperson

1. Notice of Cancellation of September 21, 2026 Regular Joint Meeting [CC/SA/MHC/MHA/MCF]
E. Council Members/Directors — None
F. Committee Meeting Minutes (for informational purposes only)

1. Personnel Committee Meeting — August 17, 2026 [CC] 100 XI. CLOSED SESSION
XII. CLOSED SESSION ANNOUNCEMENTS
XIII. ADJOURNMENT
The regular joint meeting of the City Council, Successor Agency Board, Montclair Housing Corporation Board, Montclair Housing Authority Commission, and Montclair Community Foundation Board scheduled for Monday, September 21, 2026, has been cancelled due to the lack of a quorum. The next regular joint meeting will be held on Monday, October 5, 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 27, 2026.

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CITY COUNCIL

AGENDA REPORT
DATE: SEPTEMBER 8, 2026
SECTION: PUBLIC HEARINGS
ITEM NO.: A
FILE I.D.: CYC200
DEPT.: CITY MGR.

PREPARER: E. STARR
SUBJECT: SECOND READING — CONSIDER ADOPTION ORDINANCE NO. 26–1018 AMENDING

THE MONTCLAIR MUNICIPAL CODE RELATED TO THE COMPENSATION SCHEDULE

FOR MEMBERS OF THE CITY COUNCIL

CONSIDER ASSIGNING COUNCIL MEMBER BENJAMIN LOPEZ, HAVING COMMITTED ADJUDICATED VIOLATIONS AGAINST “TWO OR MORE INDIVIDUALS,” TO COUNCIL COMPENSATION SCHEDULE “C” PURSUANT TO ORDINANCE NO. 26–1018, EFFECTIVE JANUARY 1, 2027
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 conduct the second reading of the Ordinance, and consider adoption 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 City Council.

A copy of proposed Ordinance No. 26–1018 is attached for City Council review and consideration.

The City Council is also requested to consider assigning Council Member Benjamin Lopez to Council Compensation Schedule “C”.

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 not 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 MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 5 of 115 or contribute toward settlement costs. The City then pursued a cross–complaint against Lopez—the cross–complaint seeking reimbursement and indemnification from Defendant Lopez [See California Code of Civil Procedure § 428.10] for the sums paid to plaintiffs in settlement of the plaintiffs’ lawsuits against the City and 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.

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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):”
““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).

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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 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.

MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 8 of 115 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 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:

MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 9 of 115 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 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 – 09/08/2026 Page 10 of 115

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, managers, supervisors and employees.

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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 any adjudicated violation(s) 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.

Based on the above direction, the City Manager has determined that Government Code Section 36516 provides that salaries for city council members are elective; are enacted by ordinance “up to” allowable maximums; may be based on several factors including population, inflation, or adjustments based on the operative date of the last adjustment; MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 12 of 115 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 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 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.

MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 13 of 115 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 liable for 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 liable for 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 §36516(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 – 09/08/2026 Page 14 of 115 • 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 liable for 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, any 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. Upon entry of judgment against the member or immediately upon the operational date of proposed Ordinance No. 26–1018 if the operational date succeeds the entry of judgment, the member shall 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 liable for 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, any 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, and / or commits such violation(s) against two or more victims. Upon entry of judgment against the member or immediately upon the operational date of proposed Ordinance No. 26–1018 if the operational date succeeds entry of judgment, the member shall 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 – 09/08/2026 Page 15 of 115 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 bya 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 – 09/08/2026 Page 16 of 115 • 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: Staff recommends the City Council take the following actions:

1. Conduct second reading, by number and title only, and adopt Ordinance No. 26–1018 amending the Montclair Municipal Code related to the compensation schedule for members of the City Council; and

2. Assign Council Member Benjamin Lopez, having committed adjudicated violations against “two or more individuals,” to Council Compensation Schedule “C” pursuant to Ordinance No. 26–1018, effective January 1, 2027.

MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 17 of 115 SECOND

READING
09/08/2026
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

RELATED TO THE COMPENSATION SCHEDULE FOR

MEMBERS OF THE CITY COUNCIL
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 pursue 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:

READING
09/08/2026
Ordinance No. 26–1018 Page 2 of 4
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 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).

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
§36516.5(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 liable for 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, any 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. Upon entry of judgment against the member or immediately upon the operational date of this amendment if the operational date succeeds the entry of judgment, the member shall 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 a majority vote 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.

MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 19 of 115 SECOND

READING
09/08/2026
Ordinance No. 26–1018 Page 3 of 4
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 liable for two or more civil torts 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 violations of state or federal law including, but not limited to, any 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, and/ or commits such violations against two or more victims. Upon entry of judgment against the member for the second violation or immediately upon the operational date of this amendment if the operational date succeeds the entry of judgment, the member shall 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 a majority vote 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 X. 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 X 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 adoption.

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 – 09/08/2026 Page 20 of 115 SECOND

READING
09/08/2026
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 – 09/08/2026 Page 21 of 115

CITY COUNCIL

AGENDA REPORT
DATE: SEPTEMBER 8, 2026
SECTION: PUBLIC HEARINGS
ITEM NO.: B
FILE I.D.: CFD050
DEPT.: ECONOMIC DEV.

PREPARER: M. FUENTES
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 26–3536 ESTABLISHING COMMUNITY FACILITIES DISTRICT (CFD) NO. 2026–2 (MONTCLAIR STATION) AND THE BOUNDARIES

THEREOF
CONSIDER ADOPTION OF RESOLUTION NO. 26–3537 CALLING A SPECIAL ELECTION AND SUBMITTING TO THE VOTERS OF CFD NO. 2026–2 (MONTCLAIR STATION) A

PROPOSITION FOR THE ANNUAL LEVY OF SPECIAL TAXES WITHIN SAID CFD TO PAY

THE COSTS OF CERTAIN SERVICES TO BE PROVIDED BY THE CFD, AND A

PROPOSITION WITH RESPECT TO ESTABLISHING AN APPROPRIATIONS LIMIT FOR

SAID COMMUNITY FACILITIES DISTRICT
CONSIDER ADOPTION OF RESOLUTION NO. 26–3538 DECLARING THE RESULTS OF THE SPECIAL ELECTION FOR CFD NO. 2026–2 (MONTCLAIR STATION) ON THE

PROPOSITIONS WITH RESPECT TO (I) THE ANNUAL LEVY OF SPECIAL TAXES TO PAY

THE COSTS OF CERTAIN SERVICES TO BE PROVIDED BY THE CFD, AND (II)

ESTABLISHING AN APPROPRIATIONS LIMIT
FIRST READING – CONSIDER ORDINANCE NO. 26–1019 AUTHORIZING THE LEVY OF A SPECIAL TAX FOR CFD NO. 2026–2 (MONTCLAIR STATION)

CONSIDER SETTING A PUBLIC HEARING TO CONDUCT SECOND READING AND TO CONSIDER ADOPTION OF ORDINANCE NO. 26–1019 ON MONDAY, OCTOBER 5, 2026, AT 7:00 P.M. IN THE CITY COUNCIL CHAMBERS
REASON FOR CONSIDERATION: The amended North Montclair Downtown Specific Plan (NMDSP) contains a variety of public improvements, such as parks, public open space, median islands, parkways, and specialty street lighting. The City is responsible for seeing that these public improvements are built and maintained after construction.

It is beyond the capabilities of the City’s General Fund to finance these improvements and their future maintenance. The City Council has directed staff to finance maintenance of public improvements and a portion of the costs for public safety services related to development projects within the boundaries of the NMDSP area through Community Facilities Districts (CFD).

On July 20, 2026, the City Council adopted Resolution No. 26–3526, a Resolution of Intention to establish City of Montclair Community Facilities District No. 2026–2 (Montclair Station) (CFD No. 2026–2), which set September 8, 2026, as the date for this public hearing.

Copies of the following proposed resolutions and ordinance are attached for City Council review and consideration: Resolution No. 26–3536 establishing CFD No. 2026–2 (Montclair Station), Resolution No. 26–3537 calling a special election and submitting to the voters of CFD No. 2026–2 a proposition with respect to the annual levy of special taxes, Resolution No. 26–3538 declaring the results of the special election for CFD No. 2026–2, and Ordinance No. 26–1019 Levying special taxes to be collected within the CFD.

MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 22 of 115 BACKGROUND: The Montclair Station project (Project) is the seventh residential development constructed within the boundaries of the NMDSP area. The Project is developing certain public improvements which must be maintained by the City. In addition, it is expected the Project’s development will generate calls for public safety services. As a method to secure revenue for the maintenance costs associated with the public improvements and public safety costs, it is recommended that the City Council form a CFD which includes all taxable property located within the boundaries of the Project.

Community Facilities Districts (CFD)
Rather than relying on general fund revenues, the Mello–Roos Community Facilities Act of 1982 (Act) was created to provide local governments with an alternate method of financing needed public improvements and community services. The Act supplies a local government agency or joint powers authority with the ability to finance the construction of public improvements through bond indebtedness and also offers the ability to maintain improvements or charge for certain community services, such as police and fire protection.

A CFD is created by action of a local government agency and is established within defined property boundaries. A CFD cannot be formed without two–thirds majority vote of the registered voters residing within the proposed boundaries. If there are fewer than 12 registered voters, the vote is conducted among the current landowners with each landowner entitled to one vote per acre, or portion of an acre, of property owned. The CFD may also include just a single property owner. Once a CFD is approved, a special tax lien is placed against each property in the CFD. Property owners pay the special tax each year on their ad valorem property tax bill.

By law, a special tax imposed by a CFD cannot be based on the value of the property.

Special taxes are based on mathematical formulas that take into account property characteristics, such as use of property, square footage of structures, or lot size. The formula is defined at the time the CFD is formed and includes a maximum special tax amount and a percentage maximum annual increase.

Adoption of Local Goals and Policies for Community Facilities Districts The Act requires that a local agency forming a CFD must first establish local goals and policies with respect to the use of CFDs. The statement of local goals and policies related to CFDs in the City of Montclair was adopted by the City Council pursuant to Resolution No. 11–2872 on January 3, 2011.

Proposed Community Facilities District No. 2026–2 (Montclair Station) The CFD proposed for the Montclair Station Project, Community Facilities District No. 2026–2 (Montclair Station), will provide for ongoing maintenance and service costs of certain public improvements and public safety (i.e., police and fire services). The Montclair Station Project is owned by Montclair Station Apartments, L.L.C., a Delaware limited liability company, the sole property owner (Property Owner), which owns a 100 percent interest in approximately 9.96 acres comprising the proposed CFD.

A document called the “Community Facilities District Report City of Montclair Community Facilities District No. 2026–2 (Montclair Station)” (Report) is included in the agenda packet for review by the City Council. This Report describes the types of services to be provided, the estimated costs of providing the proposed services, and includes the rate MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 23 of 115 and method of apportionment of the special tax, which is attached to the Resolution of Formation as Exhibit “A.” The boundary map for the proposed CFD was recorded on July 28, 2026, at Page 15 of Book 93 of Maps of Assessment and Community Facilities Districts, and as Document No. 2026–0193472, in the Official Records of the County of San Bernardino.

Proposed CFD No. 2026–2 would finance the maintenance and lighting of parks, parkways, streets, roads, and open space and the operation and maintenance of bio– retention basins and storm drain systems serving the proposed CFD. In addition, the proposed CFD would finance fire protection and suppression services, police protection services, and emergency vehicle apparatus maintenance. The estimated cost of these services is approximately $127,910 annually, inclusive of a $10,000 annual cost for administrative expenses, as further described in the Report.

The Act does not require special taxes be apportioned to individual parcels based on benefit received. However, in order to ensure fairness and equity, a benefit principle has been incorporated in establishing the special tax rates for CFD No. 2026–2. The major assumption inherent in the special tax rates set forth in proposed CFD No. 2026–2 is that the level of service received from the proposed public services is a function of land use and the intensity of development. The special tax rates proposed for CFD No. 2026– 2 are set forth in the Rate and Method of Apportionment attached as Exhibit “A” to the Resolution of Formation.

It should be noted that the special tax imposed by the CFD shall be increased by the greater of (i) the percentage increase in the Consumer Price Index or (ii) the actual costs of Authorized Maintenance Services and Authorized Public Safety Services, with a maximum annual increase of [INSERT] percent and a minimum annual increase of [INSERT] percent per Fiscal Year, all as set forth in the Rate and Method of Apportionment.

Public Hearing Procedures
At the July 20, 2026 City Council Meeting, the City Council adopted Resolution No. 26– 3526, a notice of intent to form Community Facilities District No. 2026–2 (Montclair Station) for the Project. Resolution No. 26–3526 sets September 8, 2026, at 7:00 p.m. in the City Council Chambers, as the date, time, and place for a public hearing to consider the formation of CFD No. 2026–2, as well as the parameters for the establishment of the proposed community facilities district, the proposed description and map of boundaries, types of services to be financed by the CFD, method and apportionment of the Special Tax, hearing on the formation of the CFD, and description of voting procedures for the CFD.

Certain procedures dictated by law must be followed when forming and implementing a community facilities district. These procedures include the following:
• Opening the public hearing and receiving public testimony. • Receiving any written protests.
• Determining if there are registered voters within the boundaries of the proposed CFD. If not, the election is conducted with the owners of all taxable property within the boundaries of the CFD.
• Determining if the property owners have consented to a special election. • Closing the public hearing.

MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 24 of 115 • City Council consideration of a Resolution establishing the Community Facilities District and consideration of a Resolution calling for a special election regarding the levy of taxes and appropriations limit.
• Conducting a special election by the City Clerk and canvass of the votes cast. • City Council consideration of a Resolution declaring the results of the special election.
• City Council consideration of first reading of the Ordinance authorizing the levy of special taxes within the Community Facilities District.

Resolutions and Ordinance
After the conduct of the public hearing, the City Council is requested to consider adoption of certain Resolutions and conduct the first reading of an Ordinance. A brief description of the Resolutions and Ordinance submitted for consideration by the City Council are provided:
• Resolution No. 26–3536 Establishing Community Facilities District No. 2026– 2 – This resolution establishes the boundaries of CFD No. 2026–2, the rate and method of apportionment of the special taxes to be levied, and the services to be funded by CFD No. 2026–2.
• Resolution No. 26–3537 Calling a Special Election and Submitting to the Voters of Community Facilities District No. 2026–2 a Proposition with respect to the annual levy of special taxes – This resolution sets out the terms and conditions for an election to be conducted by the City Clerk as the election official for a vote to be taken by the landowner of record, and submits a second proposition establishing an appropriations limit of $3,000,000 for the CFD. • Resolution No. 26–3538 Declaring the results of the special election for Community Facilities District No. 2026–2 – This resolution would declare the results of the special election and authorize the City Council to annually levy special taxes on taxable property within the newly formed CFD. • Ordinance No. 26–1019 Levying Special Taxes To Be Collected for Community Facilities District No. 2026–2 – This ordinance would authorize the City Council to levy special taxes within the newly formed CFD to pay for the identified maintenance costs and public safety costs.

FISCAL IMPACT: The City Council’s creation of CFD No. 2026–2 has been proposed to mitigate the financial impacts of public works maintenance and public safety services on General Fund revenues.

Proposed CFD No. 2026–2 would finance the maintenance and lighting of parks, parkways, streets, roads, and open space and the operation and maintenance of bio–retention basins and storm drain systems serving the proposed CFD. In addition, the proposed CFD would finance fire protection and suppression services, police protection services, and emergency vehicle apparatus maintenance. The estimated cost of these services is approximately $127,910 annually, inclusive of a $10,000 annual cost to administer the CFD. An appropriations limit of $3,000,000 has been proposed for the CFD.

MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 25 of 115 As previously indicated, the special tax imposed by the CFD shall be increased annually as set forth in the Rate and Method of Apportionment. Administrative costs related to the formation of CFD No. 2026–2 are the responsibility of the developer and are paid for directly by the developer through a reimbursement agreement between the City of Montclair and the developer.

RECOMMENDATION: Staff recommends the City Council take the following actions:

1. Adopt Resolution No. 26–3536 establishing Community Facilities District (CFD) No. 2026–2 (Montclair Station) and the boundaries thereof;

2. Adopt Resolution No. 26–3537 calling a special election and submitting to the voters of CFD No. 2026–2 (Montclair Station) a proposition with respect to the annual levy of special taxes within said CFD to pay the costs of certain services to be provided by the CFD, and a proposition with respect to establishing an appropriations limit for said CFD;

3. Adopt Resolution No. 26–3538 declaring the results of the special election for CFD No. 2026–2 (Montclair Station) on the propositions with respect to (i) the annual levy of special taxes to pay the costs of certain services to be provided by the CFD, and (ii) establishing an appropriations limit;

4. Conduct the first reading of Ordinance No. 26–1019 authorizing the levy of a special tax for CFD No. 2026–2 (Montclair Station); and

5. Set a public hearing to conduct the second reading and to consider adoption of Ordinance No. 26–1019 on Monday, October 5, 2026, at 7:00 p.m. in the City Council Chambers.

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COMMUNITY FACILITIES

DISTRICT REPORT

CITY OF MONTCLAIR
COMMUNITY FACILITIES DISTRICT NO. 2026-2
(MONTCLAIR STATION)
July 30, 2026
MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 27 of 115 www.FinanceDTA.com
18201 Von Karman Avenue, Suite 220
Irvine, CA 92612

CITY OF MONTCLAIR

COMMUNITY FACILITIES DISTRICT REPORT
COMMUNITY FACILITIES DISTRICT NO. 2026-2
(MONTCLAIR STATION)
Prepared for:

City of Montclair
5111 Benito Street
Montclair, CA 91763
MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 28 of 115 TABLE

OF CONTENTS

SECTION PAGE
I INTRODUCTION .............................................................. 1 II PROJECT DESCRIPTION ................................................ 2

III DESCRIPTION AND ESTIMATED COSTS OF
PROPOSED SERVICES ..................................................... 3 A Description of Proposed Public Services ....................... 3 B Estimated Cost of Proposed Public Services ................ 3 C Incidental Expenses to be Included in the
Annual Levy of Special Taxes ........................................... 4 IV RATE AND METHOD OF APPORTIONMENT .............. 5
A Explanation for Special Tax Apportionment ................. 5 B Maximum Special Tax A .................................................... 6 C Maximum Special Tax B ..................................................... 6 D Apportionment of Special Taxes ..................................... 6 E Accuracy of Information ................................................... 7 V BOUNDARIES OF THE CFD ............................................ 8

APPENDICES

APPENDIX A RATE AND METHOD OF

APPORTIONMENT

APPENDIX B MAXIMUM SPECIAL TAXES FOR

DEVELOPED PROPERTY

APPENDIX C BOUNDARY MAP
MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 29 of 115 1 SECTION I

INTRODUCTION

City of Montclair Community Facilities District No. 2026-2 (Montclair Station) July 30, 2026 Community Facilities District Report
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I INTRODUCTION
WHEREAS, the City Council of the City of Montclair (hereinafter referred to as the "City Council"), pursuant to the provisions of the "Mello-Roos Community Facilities Act of 1982," being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (hereinafter referred to as the "Act"), and specifically Section 53321.5 thereof, expressly ordered the filing of a written "Report" with the legislative body of the proposed community facilities district. This community facilities district being Community Facilities District No. 2026-2 (Montclair Station) shall hereinafter be referred to as:
"CFD No. 2026-2"; and
WHEREAS, a Resolution of Intention of the City Council of the City of Montclair With Respect to Establishment of Proposed City of Montclair Community Facilities District No. 2026-2 (Montclair Station) (hereinafter referred to as “Resolution of Intention”) did direct that said Report generally contain the following:

1. A brief description of the services by type;

2. An estimate of the cost of providing the services; and

3. An estimate of the incidental expenses proposed to be incurred in connection therewith.

NOW, THEREFORE, DTA does hereby submit this Report.

MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 30 of 115 2 SECTION II

PROJECT DESCRIPTION

City of Montclair Community Facilities District No. 2026-2 (Montclair Station) July 30, 2026 Community Facilities District Report
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II PROJECT DESCRIPTION
CFD No. 2026-2 consists of approximately 9.5 acres of land located within the City of Montclair near the intersection of Huntington Drive and Monte Vista Avenue. At buildout, it is expected that there will be 302 single family residential units subject to the special tax.

MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 31 of 115 3 SECTION III

DESCRIPTION AND ESTIMATED

COSTS OF PROPOSED SERVICES

City of Montclair Community Facilities District No. 2026-2 (Montclair Station) July 30, 2026 Community Facilities District Report
www.FinanceDTA.com

III DESCRIPTION AND ESTIMATED COSTS OF PROPOSED SERVICES The discussion in this section refers to the descriptions and estimated costs of the proposed services that will be funded through special taxes levied in CFD No. 2026-2.

A Description of Proposed Public Services
A.1 Eligible Services Pursuant to the Act
A community facilities district may finance any one or more of the following types of services: police protection services, including, but not limited to, criminal justice services, fire protection and suppression services, and ambulance and paramedic services, recreation program services, library services, and the operation and maintenance of museums and cultural facilities, maintenance of parks, parkways and open space, flood and storm protection services, including, but not limited to, the operation and maintenance of storm drainage systems, and sandstorm protection systems, and services with respect to removal or remedial action for the cleanup of any hazardous substance released or threatened to be released into the environment. The authorized services may be financed only to the extent that such services are in addition to those services provided in the community facilities district prior to creation of the community facilities district.

A.2 Services to be funded by CFD No. 2026-2
The services described in this Report are all services which the legislative body creating CFD No. 2026-2 is authorized to provide, and which are required, in part, to adequately meet the needs of CFD No. 2026-2 as currently proposed.

The types of services proposed to be financed by CFD No. 2026-2 are described below.

Maintenance Services: (i) the maintenance and lighting of parks, parkways, streets, roads and open space, and (ii) flood and storm protection services, including but not limited to, the operation and maintenance of bio-retention basins and storm drainage systems.

Public Safety Services: (i) fire protection and suppression services, and (ii) police protection services.

Other Services: (i) maintenance and operation of any real property or other tangible property with an estimated useful life of five or more years that is owned by the City, and (ii) any other services authorized to be financed pursuant to the Act.

B Estimated Cost of Proposed Public Services
The total FY 2026-2027 costs for services is equal to $117,910 as shown in Table 1 below.

MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 32 of 115 4 SECTION III

DESCRIPTION AND ESTIMATED

COSTS OF PROPOSED SERVICES

City of Montclair Community Facilities District No. 2026-2 (Montclair Station) July 30, 2026 Community Facilities District Report
www.FinanceDTA.com
Table 1: Estimated Costs of Services Currently Expected to be Financed Description of Services FY 2026-2027 Cost
Maintenance Services
A. Street Sweeping $3,840
B. Graffiti Removal $960
C. Tree Trimming $405
D. Dog Park Fence (Tubular Steel) $1,332
E. Decorative Fence (Tubular Steel) $1,485
F. Fence painting $2,704
G. Sidewalk Maintenance/ Reserves $3,253
H. Street/Asphalt Maintenance (slurry, etc.) $7,655
I. Street Replacement reserve $3,827
J. Decomposed Granite $408
K. Dog Park Landscaping Maintenance $6,426
L. Dog Park Landscaping Replacement Reserve $1,028
M. Parks & ROW Landscape $3,964
N. Landscape Replacement Reserve $396
O. Fire Hydrant $833
P. Storm Drain $1,300
Q. Water Expenses $4,587
R. Trash Removal $2,400
S. Streetlight Maint/Reserves $3,029
T. Misc Amenities (Benches, trash recept) $850
Subtotal $50,682
Public Safety Services
A. Public Safety Costs $59,597
B. Emergency Vehicle Apparatus Maintenance $7,631
Subtotal $67,228

Grand Total $117,910
C Incidental Expenses to be Included in the Annual Levy of Special Taxes While the actual cost of administering CFD No. 2026-2 may vary, it is anticipated that the amount of special taxes will also fund $10,000 in annual administrative expenses in addition to the costs shown in Table 1 above.

MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 33 of 115 5 SECTION IV

RATE AND METHOD OF

APPORTIONMENT

City of Montclair Community Facilities District No. 2026-2 (Montclair Station) July 30, 2026 Community Facilities District Report
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IV RATE AND METHOD OF APPORTIONMENT
The City Council, acting on behalf of CFD No. 2026-2, adopted the Resolution of Intention on July 20, 2026, stating its intention to establish the CFD and authorize the levy of special tax pursuant to the Rate and Method of Apportionment.

All of the property located within CFD No. 2026-2, unless exempted by law or by the Rate and Method of Apportionment, shall be taxed for the purpose of providing necessary services to serve CFD No. 2026-2. Pursuant to Section 53325.3 of the Act, the tax imposed “is a Special Tax and not a special assessment, and there is no requirement that the tax be apportioned on the basis of benefit to any property.” The Special Tax “may be based on benefit received by parcels of real property, the cost of making facilities or authorized services available to each parcel or other reasonable basis as determined by the legislative body,” although the Special Tax may not be apportioned on an ad valorem basis pursuant to Article XIIIA of the California Constitution.

As shown in Appendix A, the Rate and Method of Apportionment provides sufficient information to allow each property owner within CFD No. 2026-2 to estimate the maximum annual Special Tax he or she will be required to pay. Sections A through C, included below, provide additional information on the Rate and Method of Apportionment for CFD No. 2026-2.

A Explanation for Special Tax Apportionment
When a community facilities district is formed, a Special Tax may be levied on each parcel of taxable property within the CFD to pay for the construction, acquisition and rehabilitation of public facilities, to pay for authorized services or to repay bonded indebtedness or other related expenses incurred by CFD No. 2026-2. This Special Tax must be apportioned in a reasonable manner; however, the tax may not be apportioned on an ad valorem basis.

When more than one type of land use is present within a community facilities district, several criteria may be considered when apportioning the Special Tax. Generally, criteria based on acreage and land uses are selected, and categories based on such criteria are established to differentiate between parcels of property. These categories are a direct result of the projected product mix, and are reflective of the proposed land use types within that community facilities district. Specific Special Tax levels are assigned to each land use class, with all parcels within a land use class assigned the same Special Tax rate.

The Act does not require that Special Taxes be apportioned to individual parcels based on benefit received. However, in order to ensure fairness and equity, benefit principles have been incorporated in establishing the Special Tax rates for CFD No. 2026-2.

The major assumption inherent in the Special Tax rates set forth in the Rate and Method of Apportionment is that the level of benefit received from the proposed public improvements is a function of land use. This assumption is borne out through an examination of commonly accepted statistical measures for public facility usage.

MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 34 of 115 6 SECTION IV

RATE AND METHOD OF

APPORTIONMENT

City of Montclair Community Facilities District No. 2026-2 (Montclair Station) July 30, 2026 Community Facilities District Report
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For transportation improvements, in measuring average weekday vehicle trip-ends, the Institute of Transportation Engineer's Trip Generation manual identifies land use as the primary determinant of trip-end magnitude. Residential dwelling units typically generate a different number of trip-ends than non-residential property, and therefore, receive different levels of benefit from road improvements.

Based on the types of public services that are proposed for CFD No. 2026-2 and the factors described above, the Special Taxes assigned to Developed Property are generally proportionate to the relative benefits received by them, and, accordingly, the Special Taxes in CFD No. 2026-2 can be considered fair and reasonable.

B Maximum Special Tax A
Appendix B lists the fiscal year 2026-2027 Maximum Special Tax A that may be levied against Developed Property within CFD No. 2026-2 to fund the Special Tax A Requirement. As defined in the Rate and Method of Apportionment, Special Tax A will (i) pay for Authorized Maintenance Services; (ii) pay a share of Administrative Expenses as determined by the CFD Administrator; and (iii) pay for reasonably anticipated Special Tax A delinquencies based upon the historical delinquency rate for CFD No. 2026-2.

Each July 1, the Maximum Special Tax A on Developed Property shall be increased by an amount equal to the percentage change in the Consumer Price Index with a maximum annual increase of 6.00% and a minimum annual increase of 2.00% per Fiscal Year. No Special Tax A shall be levied on Undeveloped Property.

C Maximum Special Tax B
Appendix B also lists the fiscal year 2026-2027 Maximum Special Tax B that may be levied against Developed Property within CFD No. 2026-2 to fund the Special Tax B Requirement.

As defined in the Rate and Method of Apportionment, Special Tax B will (i) pay for Authorized Public Safety Services; (ii) pay a share of Administrative Expenses as determined by the CFD Administrator; and (iii) pay for reasonably anticipated Special Tax B delinquencies based upon the historical delinquency rate for CFD No. 2026-2.

Each July 1, the Maximum Special Tax B on Developed Property shall be increased by an amount equal to the percentage change in the Consumer Price Index with a maximum annual increase of 6.00% and a minimum annual increase of 2.00% per Fiscal Year. No Special Tax B shall be levied on Undeveloped Property.

D Apportionment of Special Taxes
Each year, the Special Tax A and Special Tax B shall be levied subject to the methodology and Maximum Special Taxes set forth in the Rate and Method of Apportionment, in an amount sufficient to meet the appropriate special tax requirement.

The amount of the special tax requirement that is apportioned to each parcel is determined through the application of Section D of the Rate and Method of Apportionment.

MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 35 of 115 7 SECTION IV

RATE AND METHOD OF

APPORTIONMENT

City of Montclair Community Facilities District No. 2026-2 (Montclair Station) July 30, 2026 Community Facilities District Report
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E Accuracy of Information
In order to establish the Maximum Special Tax rate for Developed Property as set forth in the Rate and Method of Apportionment for CFD No. 2026-2, DTA has relied on information which was provided to DTA by others. DTA has not independently verified such data and disclaims responsibility for the impact of inaccurate data provided by others, if any, on the Rate and Method of Apportionment for CFD No. 2026-2, including the inability to meet the financial obligations of CFD No. 2026-2.

MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 36 of 115 8 SECTION V

BOUNDARIES OF THE CFD

City of Montclair Community Facilities District No. 2026-2 (Montclair Station) July 30, 2026 Community Facilities District Report
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V BOUNDARIES OF THE CFD
The boundaries of CFD No. 2026-2 include all land on which the special taxes may be levied.

A map of the area included within CFD No. 2026-2 is provided as Appendix C.

MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 37 of 115

APPENDIX A
City of Montclair
Community Facilities District Report
Community Facilities District No. 2026-2 (Montclair Station)

RATE AND METHOD OF

APPORTIONMENT

MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 38 of 115 City of Montclair April 30, 2026
CFD No. 2026-2 (Montclair Station) Page 1

RATE AND METHOD OF APPORTIONMENT FOR

CITY OF MONTCLAIR
COMMUNITY FACILITIES DISTRICT NO. 2026-2
(MONTCLAIR STATION)
A Special Tax as hereinafter defined shall be levied on all Assessor’s Parcels in the City of Montclair Community Facilities District No. 2026-2 (Montclair Station) ("CFD No. 2026-2") and collected each Fiscal Year commencing in Fiscal Year 2026-2027, in an amount determined by the CFD Administrator, according to the method of apportionment set forth herein. All of the real property in CFD No. 2026-2, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. All Special Taxes collected hereunder shall only be used for the Special Tax A Requirement or Special Tax B Requirement, as hereinafter defined, and for no other purpose.

"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California.

"Administrative Expenses" means the actual or reasonably estimated costs directly related to the formation and administration of CFD No. 2026-2 including, but not limited to: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the County or otherwise); the costs to the City, CFD No. 2026-2 or any designee thereof of complying with City or CFD No. 2026-2 disclosure requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2026-2 or any designee thereof related to an appeal of the Special Tax; and the City’s annual administration fees and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2026-2 for any other administrative purposes of CFD No. 2026-2, including attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes.

MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 39 of 115 City of Montclair April 30, 2026
CFD No. 2026-2 (Montclair Station) Page 2
"Assessor’s Parcel" means any real property to which an Assessor’s parcel number is assigned as shown on an Assessor’s Parcel Map. "Assessor’s Parcel Map" means an official map of the County Assessor of the County designating parcels by Assessor’s parcel number. "Authorized Maintenance Services" means the (i) maintenance and lighting of parks, parkways, streets, roads, and open space, (ii) the operation and maintenance of bio-retention basins and storm drainage systems, and (iii) any other services authorized to be financed pursuant to the Act.

"Authorized Public Safety Services" means (i) fire protection and suppression services, (ii) police protection services and (iii) any other services authorized to be financed pursuant to the Act.

"CFD Administrator" means the official of the City, or designee thereof, responsible for determining the Special Tax A Requirement and Special Tax B Requirement and providing for the levy and collection of the Special Taxes. "CFD No. 2026-2" means the City of Montclair Community Facilities District No. 2026-2 (Montclair Station).
"City" means the City of Montclair.
"Consumer Price Index" means the Consumer Price Index published by the U.S. Bureau of Labor Statistics for "All Urban Consumers" in the Los Angeles – Long Beach - Anaheim Area, measured as of the month of December in the calendar year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Consumer Price Index shall be another index as determined by the CFD Administrator that is reasonably comparable to the Consumer Price Index for the Los Angeles – Long Beach - Anaheim Area.

"Council" means the City Council of the City, acting as the legislative body of CFD No. 2026-2.
"County" means the County of San Bernardino.

"Developed Property" means, for each Fiscal Year, all Taxable Property for which a building permit for new construction was issued prior to January 1 of the previous Fiscal Year (i.e., a building permit for new construction issued prior to January 1, 2026 would be considered Developed Property beginning in Fiscal Year 2026-2027).

MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 40 of 115 City of Montclair April 30, 2026
CFD No. 2026-2 (Montclair Station) Page 3
“Exempt Welfare Exemption Property” means, for each Fiscal Year, an Assessor’s Parcel that is (a) receiving a welfare exemption under subdivision (g) of Section 214 of the California Revenue and Taxation Code (or any successor statute), as indicated in the County’s assessor’s roll finalized as of January 1 of the previous Fiscal Year, and (b) exempt from the Special Tax pursuant to Section 53340(c) of the Act.

"Fiscal Year" means the period starting July 1 and ending on the following June 30.

"Land Use Class" means any of the classes listed in Table 1 below.

"Maximum Annual Special Tax" means the Maximum Annual Special Tax A and/or Maximum Annual Special Tax B, as applicable.
"Maximum Annual Special Tax A" means the Maximum Annual Special Tax A, determined in accordance with Section C.1 below, that can be levied in any Fiscal Year on any Assessor’s Parcel of Developed Property within CFD No. 2026-2.

"Maximum Annual Special Tax B" means the Maximum Annual Special Tax B, determined in accordance with Section C.1 below, that can be levied in any Fiscal Year on any Assessor’s Parcel of Developed Property within CFD No. 2026-2.

"Non-Residential Property" means all Assessor’s Parcels of Developed Property for which a building permit(s) was issued for a non-residential use. "Parking Property” means, for each Fiscal Year, any property within the boundaries of CFD No. 2026-2 that is used exclusively or primarily as a parking lot, garage, parking structure, or roadway, as of January 1 of the previous Fiscal Year, as determined by the CFD Administrator.

"Property Owner Association Property" means, for each Fiscal Year, any property within the boundaries of CFD No. 2026-2 that was owned by a property owner association, including any master or sub-association, as of January 1 of the prior Fiscal Year.

"Proportionately" means, for Developed Property, that the ratio of the actual Special Tax A levy to the Maximum Annual Special Tax A is equal for all Assessor’s Parcels of Developed Property and that the ratio of the actual Special Tax B levy to the Maximum Annual Special Tax B is equal for all Assessor’s Parcels of Developed Property, except to the extent that the Special Tax levy on Developed Property is limited as described in Section D below.

MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 41 of 115 City of Montclair April 30, 2026
CFD No. 2026-2 (Montclair Station) Page 4
"Public Property" means, for each Fiscal Year, (i) any property within the boundaries of CFD No. 2026-2 that was owned by or irrevocably offered for dedication to the federal government, the State, the City or any other public agency as of January 1 of the previous Fiscal Year; provided however that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified in accordance with its use; and (ii) any property within the boundaries of CFD No. 2026-2 that was encumbered, as of January 1 of the previous Fiscal Year, by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement.
"Residential Property" means all Assessor’s Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units.
"Special Tax" means the Special Tax A and/or Special Tax B, as applicable. "Special Tax A" means the annual special tax to be levied in each Fiscal Year on each Assessor's Parcel of Developed Property to fund the Special Tax A Requirement.
"Special Tax B" means the annual special tax to be levied in each Fiscal Year on each Assessor's Parcel of Developed Property to fund the Special Tax B Requirement.
"Special Tax A Requirement" means that amount required in any Fiscal Year for CFD No. 2026-2 to: (i) pay for Authorized Maintenance Services; (ii) pay a share of Administrative Expenses as determined by the CFD Administrator; (iii) pay for reasonably anticipated Special Tax A delinquencies based upon the historical delinquency rate for CFD No. 2026-2; less (iv) a credit for funds available to reduce the annual Special Tax A levy, as determined by the CFD Administrator.
"Special Tax B Requirement" means that amount required in any Fiscal Year for CFD No. 2026-2 to: (i) pay for Authorized Public Safety Services; (ii) pay a share of Administrative Expenses as determined by the CFD Administrator; (iii) pay for reasonably anticipated Special Tax B delinquencies based upon the historical delinquency rate for CFD No. 2026-2; less (iv) a credit for funds available to reduce the annual Special Tax B levy, as determined by the CFD Administrator.
"State" means the State of California.

MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 42 of 115 City of Montclair April 30, 2026
CFD No. 2026-2 (Montclair Station) Page 5
"Taxable Property" means all of the Assessor’s Parcels within the boundaries of CFD No. 2026-2 which are not exempt from the Special Tax pursuant to law or Section E below.
"Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property.

B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, all Taxable Property within CFD No. 2026-2 shall be classified as Developed Property or Undeveloped Property. Each parcel of Developed Property shall be further classified as either Residential Property or NonResidential Property and shall be subject to Special Taxes in accordance with the rate and method of apportionment determined pursuant to Sections C and D below.

The Maximum Annual Special Tax for Residential Property shall be based on the number of dwelling unit(s) located on the Assessor's Parcel, as specified in Table 1 below. The Maximum Annual Special Tax for Non-Residential Property shall be based on the Acreage of the Assessor's Parcel.

C. MAXIMUM ANNUAL SPECIAL TAX

1. Developed Property

The Fiscal Year 2026-2027 Maximum Annual Special Tax is shown below in Table 1.

TABLE 1
Maximum Annual Special Tax
for Developed Property
Land Use
Class Description
FY 2026-2027
Maximum Annual
Special Tax A
FY 2026-2027
Maximum Annual
Special Tax B
1 Residential Property $184 per unit $239 per unit
2 Non-Residential Property $5,760 per Acre $7,470 per Acre On each July 1, commencing on July 1, 2027, the Maximum Annual Special Tax A and Maximum Annual Special Tax B shall be increased by the greater of (i) the percentage increase in the Consumer Price Index or (ii) the actual costs of Authorized Maintenance Services and Authorized Public Safety Services with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent (2%) per Fiscal Year.

MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 43 of 115 City of Montclair April 30, 2026
CFD No. 2026-2 (Montclair Station) Page 6

2. Undeveloped Property
Neither the Special Tax A nor the Special Tax B shall be levied on Undeveloped Property.

3. Multiple Land Uses

In some instances an Assessor's Parcel may contain both Undeveloped Property and Developed Property, or in the case of Developed Property, more than one Land Use Class.

In such cases, the Acreage of the Assessor’s Parcel shall be allocated between Developed Property and Undeveloped Property based on the portion of the Assessor’s Parcel for which building permits had been issued prior to January 1 of the prior Fiscal Year and portion of the Assessor’s Parcel for which building permits had not been issued prior to January 1 of the prior Fiscal Year. The Acreage that is considered Developed Property shall be allocated between Residential Property and Non-Residential Property as determined by reference to the site plan approved for such Assessor's Parcel. The Maximum Special Tax that can be levied on such Assessor’s Parcel shall be the sum of the Maximum Special Tax that can be levied on each type of property located on that Assessor’s Parcel.

The CFD Administrator’s allocation of Acreage to each type of property shall be final.

D. APPORTIONMENT OF THE SPECIAL TAX

1. SPECIAL TAX A
Commencing with Fiscal Year 2026-2027 and for each following Fiscal Year, the Council shall levy the Special Tax A so that the amount of the Special Tax A equals the lesser of the Special Tax A Requirement or the Maximum Annual Special Tax A. The Special Tax A shall be levied Proportionately on each Assessor’s Parcel of Developed Property at up to 100% of the applicable Maximum Annual Special Tax A.

To the extent that the Special Tax A Requirement is greater than the aggregate Maximum Annual Special Tax A, the Special Tax A collected shall first be allocated to pay Administrative Expenses not funded through the Special Tax B Requirement and then to pay for Authorized Maintenance Services.

MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 44 of 115 City of Montclair April 30, 2026
CFD No. 2026-2 (Montclair Station) Page 7

2. SPECIAL TAX B
Commencing with Fiscal Year 2026-2027 and for each following Fiscal Year, the Council shall levy the Special Tax B so that the amount of the Special Tax B equals the lesser of the Special Tax B Requirement or the Maximum Annual Special Tax B. The Special Tax B shall be levied Proportionately on each Assessor’s Parcel of Developed Property at up to 100% of the applicable Maximum Annual Special Tax B.

To the extent that the Special Tax B Requirement is greater than the aggregate Maximum Annual Special Tax B, the Special Tax B collected shall first be allocated to pay Administrative Expenses not funded through the Special Tax A Requirement and then to pay for Authorized Public Safety Services.

Notwithstanding the above, pursuant to Section 53321(d) of the California Government Code, under no circumstances shall the Special Tax levied in any Fiscal Year against any Assessor’s Parcel in CFD No. 2026-2 for which an occupancy permit for private residential use has been issued shall be increased as a consequence of delinquency or default by the owner or owners of any other Assessor’s Parcel(s) within CFD No. 2026-2 by more than 10% above the amount that would have been levied in that Fiscal Year had there never been any such delinquencies or defaults. To the extent that the levy of the Special Tax on Assessor’s Parcels of residential property is limited by the provision in the previous sentence, the levy of the Special Tax on all of the Assessor’s Parcels of non-residential property within CFD No. 2026-2 shall continue to increase in equal percentages at up to 100% of the Maximum Special Tax.

E. EXEMPTIONS
Neither the Special Tax A nor the Special Tax B shall be levied on Assessor’s Parcels of Property Owner Association Property, Public Property, Exempt Welfare Exemption Property, or Parking Property.

Should an Assessor’s Parcel no longer be classified as Property Owner Association Property, Public Property, Exempt Welfare Exemption Property, or Parking Property, its tax-exempt status will be revoked.

F. APPEALS AND INTERPRETATIONS
Any landowner or resident may file a written appeal of the Special Tax on his/her property with the CFD Administrator, provided that the appellant is MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 45 of 115 City of Montclair April 30, 2026
CFD No. 2026-2 (Montclair Station) Page 8
current in his/her payments of Special Taxes. During the pendency of an appeal, all Special Taxes must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the CFD Administrator agrees with the appellant, the CFD Administrator shall eliminate or reduce the Special Tax on the appellant’s property and/or provide a refund to the appellant. If the CFD Administrator disagrees with the appellant and the appellant is dissatisfied with the determination, the appellant then has 30 days in which to appeal to the Council by filing a written notice of appeal with the City Clerk, provided that the appellant is current in his/her payments of Special Taxes. The second appeal must specify the reasons for its disagreement with the CFD Administrator’s determination.

Interpretations may be made by the Council by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this Rate and Method of Apportionment.

G. MANNER OF COLLECTION
The Special Tax will be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD No. 2026-2 may directly bill the Special Tax, may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor’s Parcels as permitted by the Act.

H. TERM OF SPECIAL TAX

The Special Tax A shall be levied as long as necessary to meet the Special Tax A Requirement. The Special Tax B shall be levied as long as necessary to meet the Special Tax B Requirement.

MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 46 of 115

APPENDIX B
City of Montclair
Community Facilities District Report
Community Facilities District No. 2026-2 (Montclair Station)

MAXIMUM SPECIAL

TAXES FOR DEVELOPED

PROPERTY
MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 47 of 115

APPENDIX B

MAXIMUM SPECIAL TAXES FOR

DEVELOPED PROPERTY

www.FinanceDTA.com
Table B-1:

Maximum Annual Special Tax
for Developed Property
Land Use
Class Description
FY 2026-2027
Maximum Annual
Special Tax A
FY 2026-2027
Maximum Annual
Special Tax B
1 Residential Property $184 per unit $239 per unit
2 Non-Residential Property $5,760 per Acre $7,470 per Acre Note:

1. On each July 1, commencing July 1, 2027, the Maximum Special Tax A and Maximum Special Tax B for Developed Property shall be increased by the percentage change in the Consumer Price Index with a maximum annual increase of 6.00% and a minimum increase of 2.00% per Fiscal Year.

MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 48 of 115

APPENDIX C
City of Montclair
Community Facilities District Report
Community Facilities District No. 2026-2 (Montclair Station)

BOUNDARY MAP
MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 49 of 115 CoV\-\DVW\t: d Co
SHEET 1 OF 1 PROPOSED BOUNDARIES OF

CITY OF MONTCLAIR
COMMUNITY FACILITIES DISTRICT NO. 2026-2
(MONTCLAIR STATION)
LEGEND
Boundaries of City of Montclair CFO
I ■ ■ ■ ■ ■ No. 2026-2 (Montclair Station), San
Bernardino County, California
Assessor Parcel Line
Reference is hereby made to the Assessor maps
of San Bernardino County for a description of the
lines and dimensions of each lot and parcel.

Assessor Parcel Number within the
Boundaries of City of Montclair CFO
No. 2026-2 (Montclair Station):
1007-722-08-0000

SAN BERNARDINO COUNTY

STATE OF CALIFORNIA
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(2) I hereby certify that the within map showing the proposed boundaries of City of Montclair CFO No. 2026-2 (Montclair Station), San Bernardino County, State of California, was approved by the City Council of the City of Montclair at a regular meeting thereof, held on the 2.o+h day of -.Jvd::f , 2026, by its Resolution No.

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--1...:.R..£.m., in Book '13 of Maps of Assessment and Community Facilities Districts at page IY , in the office of the county recorder in San Bernardino County, State of California, at the request of the City of Montclair in the amount of $ I / ~ .

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Assessor-Recorder-GleritSan Bernardino County
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AT & SF RAILROAD METROLINK Deputy Recorder
Prepared by DTA
MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 50 of 115 18201 VON KARMAN AVENUE, SUITE 220
IRVINE, CA 92612
PHONE: (800) 969-4DTA
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MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 51 of 115 Resolution No. 26–3536 Page 1 of 4
RESOLUTION NO. 26–3536

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MONTCLAIR ESTABLISHING CITY OF MONTCLAIR COMMUNITY
FACILITIES DISTRICT NO. 2026–2 (MONTCLAIR STATION),

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AND

THE BOUNDARIES THEREOF
WHEREAS, the City Council (the “City Council”) of the City of Montclair (the “City”) adopted Resolution No. 26–3526 (the “Resolution of Intention”), stating that a community facilities district to be known as “City of Montclair Community Facilities District No. 2026–2 (Montclair Station), County of San Bernardino, State of California” (the “Community Facilities District”), is proposed to be established under the provisions of Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the “Mello–Roos Community Facilities Act of 1982” (the “Act”), and fixing the time and place for a public hearing on the formation of the Community Facilities District; and
WHEREAS, the assessor’s parcel number (“APN”) of the property subject to this proceeding was subsequently changed following the adoption of the resolution of intention on July 20, 2026 to establish the Community Facilities District; said APN was changed from 1007–722–03–0000 to 1007–722–08–0000; and the renumbering of the APN did not add additional acreage to the APN; and
WHEREAS, notice was published and mailed to the owners of property in the Community Facilities District as required by law relative to the intention of the City Council to establish the Community Facilities District and the levy of the special taxes therein to provide certain services, and of the time and place of said public hearing; and WHEREAS, on September 8, 2026, at the time and place specified in said published and mailed notices, the City Council opened and held a public hearing as required by law relative to the formation of the Community Facilities District, the levy of the special taxes therein and the provision of services by the Community Facilities District; and
WHEREAS, prior to the commencement of said public hearing on September 8, 2026, there was filed with the City Council a report (the “Report”) containing a description of the services proposed to be financed within and for the Community Facilities District, and an estimate of the cost of providing such services, as required by Section 53321.5 of the California Government Code; and WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining to the formation of the Community Facilities District, the levy of the special taxes and the provision of services therein were heard, and a full and fair hearing was held; and
WHEREAS, the City Council may therefore proceed to establish the Community Facilities District.

NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF MONTCLAIR AS FOLLOWS:

Section 1. Findings. The City Council finds as follows: (i) all of the preceding recitals are true and correct and are incorporated herein by this reference, (ii) at its meeting on September 8, 2026, pursuant to notice thereof duly given as provided by law, the City Council conducted the public hearing with respect to the formation of the Community Facilities District and the annual levying of specified special taxes on the taxable property within the Community Facilities District to pay the costs of services for the Community Facilities District which are described in Section 3 hereof, (iii) the boundary map of the Community Facilities District was recorded, pursuant to Sections 3111 and 3113 of the California Streets and Highways Code, on July 28, 2026, at Page 15 of Book 93 of Maps of Assessment and Community Facilities Districts, and as Document No. 2026–0193472, in the official records of the County of San Bernardino, (iv) no written protests were received at or prior to the time of said hearing against the formation of the Community Facilities District or the levying of said special taxes by the Community Facilities District, and said special taxes have, therefore, not been limited by majority protest pursuant to Section 53324 of the California Government Code, (v) all prior proceedings with respect to the formation of the Community Facilities District conducted by the City Council were valid and in conformity with the requirements of Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 52 of 115 Resolution No. 26–3536 Page 2 of 4
California Government Code, (vi) the City Council is, therefore, authorized to adopt a resolution of formation pursuant to Section 53325.1 of the California Government Code for the formation of the City of Montclair Community Facilities District No. 2026–2 (Montclair Station), County of San Bernardino, State of California, and the Community Facilities District should be established, (vii) the department responsible for preparing the annual roll of special tax levy obligations by assessor’s parcel number and that will be responsible for estimating future special tax levies pursuant to Section 53340.2 of the Act is the Economic Development Department located at 5111 Benito Street, Montclair, CA 91763, telephone number (909) 626–8571, and (viii) less than 12 persons have been registered to vote within the territory of the Community Facilities District during the 90 days preceding the close of the public hearing and, pursuant to Section 53326 of the California Government Code, the vote in the special election provided for in Section 7 hereof shall, therefore, be by the landowners of the Community Facilities District whose property would be subject to the special taxes if they were levied at the time of the election, and each landowner shall have one vote for each acre, or portion thereof, which they own within the Community Facilities District.

Section 2. Formation of the District. City of Montclair Community Facilities District No. 2026–2 (Montclair Station), County of San Bernardino, State of California, is hereby established. The boundaries of the Community Facilities District are described and shown on the map entitled “Proposed Boundaries of City of Montclair Community Facilities District No. 2026–2 (Montclair Station), County of San Bernardino, State of California” which is on file with the City Clerk, and said boundaries are hereby established.

Section 3. Types of Services; Incidental Expenses. It is proposed that the Community Facilities District shall provide and finance:
(a) Maintenance Services: (i) the maintenance and lighting of parks, parkways, streets, roads and open space, and (ii) flood and storm protection services, including but not limited to, the operation and maintenance of bio–retention basins and storm drainage systems; and
(b) Public Safety Services: (i) fire protection and suppression services, and (ii) police protection services; and
(c) Other Services: (i) maintenance and operation of any real property or other tangible property with an estimated useful life of five or more years that is owned by the City, and (ii) any other services authorized to be financed pursuant to the Act.

The Community Facilities District shall also finance costs associated with the determination of the amount of and the levy and collection of special taxes which are levied to provide such services and costs otherwise incurred in order to carry out the authorized purposes of the Community Facilities District.

Section 4. Special Taxes. Except where funds are otherwise available, special taxes sufficient to pay the costs of the services provided for in Section 3 above and the annual administrative expenses of the City and the Community Facilities District in determining, apportioning, levying and collecting such special taxes shall be annually levied within the Community Facilities District. The rate and method of apportionment of said special taxes shall be as set forth in Exhibit “A” attached hereto and by this reference made a part hereof.

Under no circumstances shall the special tax levied against any parcel used for private residential purposes subject to the levy of the special tax pursuant to rates and methods of apportionment be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within the Community Facilities District by more than ten (10) percent above the amount that would have been levied in that fiscal year had there never been any such delinquencies.

Pursuant to Section 53340 of the California Government Code, the special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes.

Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all non–exempt real property in the Community Facilities District and that lien shall continue in full force and effect until the special tax lien is MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 53 of 115 Resolution No. 26–3536 Page 3 of 4
canceled in accordance with law or until collection of the special tax ceases. The special taxes cannot be prepaid.

Section 5. Exempt Properties. Pursuant to Section 53340 of the California Government Code, properties of entities of the state, federal, and local governments shall be exempt from the levy of special taxes of the Community Facilities District.

Section 6. Report. The Report is hereby approved and is made a part of the record of the public hearing regarding the formation of the Community Facilities District, and is ordered to be kept on file with the City Clerk as part of the transcript of these proceedings.

Section 7. Description of Voting Procedures. The voting procedures to be followed in conducting the special election on (i) the proposition with respect to the levy of special taxes on taxable property within the Community Facilities District to pay the costs of the services to be provided by the Community Facilities District, and (ii) the proposition with respect to establishing an appropriations limit for the Community Facilities District in the amount of $3,000,000.00 (the “Special Election”), shall be as follows:
(a) Except as otherwise provided below, the special election shall be conducted by the City Clerk pursuant to the California Elections Code governing mail ballot elections of cities, and in particular, the provisions of Division 4 (commencing with Section 4000) of said Code, insofar as they may be applicable. (b) The Special Election shall be held on the earliest date, following the adoption by the City Council of this Resolution and a resolution pursuant to Section 53326 of the California Government Code submitting the propositions with respect to (i) the levy of special taxes to pay the costs of the services to be provided by the Community Facilities District, and (ii) establishing an appropriations limit therefor to the qualified electors of the Community Facilities District, upon which such election can be held pursuant to said Section 53326 which may be selected by the City Council, or such earlier date as the owners of land within the Community Facilities District and the City Clerk agree and concur is acceptable.
(c) Pursuant to said Section 53326, the Special Election may be held earlier than 90 days following the close of the public hearing if the qualified electors of the Community Facilities District waive the time limits for conducting the election set forth in said Section 53326 by unanimous written consent and the City Clerk concurs in such earlier election date as shall be consented to by the qualified electors. (d) Pursuant to said Section 53326, ballots for the Special Election shall be distributed to the qualified electors by the City Clerk by mail with return postage prepaid, or by personal service.
(e) Pursuant to applicable sections of the California Elections Code governing the conduct of mail ballot elections of cities, and specifically Division 4 (commencing with Section 4000) of the California Elections Code with respect to elections conducted by mail, the City Clerk shall mail or deliver to each qualified elector an official ballot in a form specified by the City Council in the resolutions calling the election, and shall also mail or deliver to all such qualified electors a ballot pamphlet and instructions to voter, including a sample ballot identical in form to the official ballot but identified as a sample ballot, a statement pursuant to Section 9401 of said Code, an impartial analysis by the City Attorney pursuant to Section 9280 of said Code with respect to the ballot propositions contained in the official ballot, arguments and rebuttals, if any, pursuant to Sections 9281 to 9287, inclusive, and 9295 of said Code, a return identification envelope with prepaid postage thereon addressed to the City Clerk for the return of voted official ballots, and a copy of the Resolution of Intention; provided, however, that such statement, analysis and arguments may be waived with the unanimous consent of all the landowners.
(f) The official ballots to be mailed or delivered by the City Clerk to each landowner voter shall have printed or typed thereon the name of the landowner– voter and the number of votes to be voted by the landowner–voter and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, and if the landowner–voter is other than a natural person, that he or she is an officer of or other person affiliated with the landowner–voter entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner–voter, that in voting such official ballot it was his or her intent, as well as the MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 54 of 115 Resolution No. 26–3536 Page 4 of 4
intent of the landowner–voter, to vote all votes to which the landowner–voter is entitled based on its land ownership on the propositions set forth in the official ballot as marked thereon in the voting square opposite each such proposition, and further certifying as to the acreage of the landowner–voter’s land ownership within the Community Facilities District.
(g) The return identification envelope mailed or delivered by the City Clerk to each landowner–voter shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, (vi) the date of signing and place of execution of said declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the City Clerk.
(h) The instruction to voter form to be mailed or delivered by the City Clerk to the landowner–voters shall inform them that the official ballots shall be returned to the City Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted by 5:00 p.m. on the date of the Special Election. (i) Upon receipt of the return identification envelopes which are returned prior to the voting deadline on the date of the Special Election, the City Clerk shall canvass the votes cast in the Special Election, and shall file a statement with the City Council as to the results of such canvass and the election on each proposition set forth in the official ballot.

Section 8. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

Section 9. Effective Date. This Resolution shall become effective immediately following its adoption.

APPROVED AND ADOPTED this XX day of XX, 2026.

Mayor
ATTEST:

City Clerk
I, Andrea M. Myrick, City Clerk of the City of Montclair, DO HEREBY CERTIFY that Resolution No. 26–3536 was duly adopted by the Montclair City Council at a regular meeting thereof held on the XX day of XX, 2026, and that it was adopted by the following vote, to–wit:

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

Andrea M. Myrick
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 55 of 115 RESOLUTION NO. 26-3536

EXHIBIT A
City of Montclair April 30, 2026
CFD No. 2026-2 (Montclair Station) Page 1 of 7

RATE AND METHOD OF APPORTIONMENT FOR

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre” or “Acreage" means the land area of an Assessor’s Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded County parcel map.
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the actual or reasonably estimated costs directly related to the formation and administration of CFD No. 2026-2 including, but not limited to: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the County or otherwise); the costs to the City, CFD No. 2026-2 or any designee thereof of complying with City or CFD No. 2026-2 disclosure requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2026-2 or any designee thereof related to an appeal of the Special Tax; and the City’s annual administration fees and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2026-2 for any other administrative purposes of CFD No. 2026-2, including attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. "Assessor’s Parcel" means any real property to which an Assessor’s parcel number is assigned as shown on an Assessor’s Parcel Map.
"Assessor’s Parcel Map" means an official map of the County Assessor of the County designating parcels by Assessor’s parcel number.

MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 56 of 115 City of Montclair April 30, 2026
CFD No. 2026-2 (Montclair Station) Page 2 of 7
"Authorized Maintenance Services" means the (i) maintenance and lighting of parks, parkways, streets, roads, and open space, (ii) the operation and maintenance of bioretention basins and storm drainage systems, and (iii) any other services authorized to be financed pursuant to the Act.
"Authorized Public Safety Services" means (i) fire protection and suppression services, (ii) police protection services and (iii) any other services authorized to be financed pursuant to the Act.
"CFD Administrator" means the official of the City, or designee thereof, responsible for determining the Special Tax A Requirement and Special Tax B Requirement and providing for the levy and collection of the Special Taxes.
"CFD No. 2026-2" means the City of Montclair Community Facilities District No. 2026- 2 (Montclair Station).
"City" means the City of Montclair.
"Consumer Price Index" means the Consumer Price Index published by the U.S. Bureau of Labor Statistics for "All Urban Consumers" in the Los Angeles – Long Beach - Anaheim Area, measured as of the month of December in the calendar year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Consumer Price Index shall be another index as determined by the CFD Administrator that is reasonably comparable to the Consumer Price Index for the Los Angeles – Long Beach - Anaheim Area.
"Council" means the City Council of the City, acting as the legislative body of CFD No. 2026-2.
"County" means the County of San Bernardino.
"Developed Property" means, for each Fiscal Year, all Taxable Property for which a building permit for new construction was issued prior to January 1 of the previous Fiscal Year (i.e., a building permit for new construction issued prior to January 1, 2026 would be considered Developed Property beginning in Fiscal Year 2026-2027). “Exempt Welfare Exemption Property” means, for each Fiscal Year, an Assessor’s Parcel that is (a) receiving a welfare exemption under subdivision (g) of Section 214 of the California Revenue and Taxation Code (or any successor statute), as indicated in the County’s assessor’s roll finalized as of January 1 of the previous Fiscal Year, and (b) exempt from the Special Tax pursuant to Section 53340(c) of the Act. "Fiscal Year" means the period starting July 1 and ending on the following June 30. "Land Use Class" means any of the classes listed in Table 1 below.

MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 57 of 115 City of Montclair April 30, 2026
CFD No. 2026-2 (Montclair Station) Page 3 of 7
"Maximum Annual Special Tax" means the Maximum Annual Special Tax A and/or Maximum Annual Special Tax B, as applicable.
"Maximum Annual Special Tax A" means the Maximum Annual Special Tax A, determined in accordance with Section C.1 below, that can be levied in any Fiscal Year on any Assessor’s Parcel of Developed Property within CFD No. 2026-2. "Maximum Annual Special Tax B" means the Maximum Annual Special Tax B, determined in accordance with Section C.1 below, that can be levied in any Fiscal Year on any Assessor’s Parcel of Developed Property within CFD No. 2026-2. "Non-Residential Property" means all Assessor’s Parcels of Developed Property for which a building permit(s) was issued for a non-residential use. "Parking Property” means, for each Fiscal Year, any property within the boundaries of CFD No. 2026-2 that is used exclusively or primarily as a parking lot, garage, parking structure, or roadway, as of January 1 of the previous Fiscal Year, as determined by the CFD Administrator.
"Property Owner Association Property" means, for each Fiscal Year, any property within the boundaries of CFD No. 2026-2 that was owned by a property owner association, including any master or sub-association, as of January 1 of the prior Fiscal Year. "Proportionately" means, for Developed Property, that the ratio of the actual Special Tax A levy to the Maximum Annual Special Tax A is equal for all Assessor’s Parcels of Developed Property and that the ratio of the actual Special Tax B levy to the Maximum Annual Special Tax B is equal for all Assessor’s Parcels of Developed Property, except to the extent that the Special Tax levy on Developed Property is limited as described in Section D below.
"Public Property" means, for each Fiscal Year, (i) any property within the boundaries of CFD No. 2026-2 that was owned by or irrevocably offered for dedication to the federal government, the State, the City or any other public agency as of January 1 of the previous Fiscal Year; provided however that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified in accordance with its use; and (ii) any property within the boundaries of CFD No. 2026-2 that was encumbered, as of January 1 of the previous Fiscal Year, by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement.
"Residential Property" means all Assessor’s Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units.
"Special Tax" means the Special Tax A and/or Special Tax B, as applicable.

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CFD No. 2026-2 (Montclair Station) Page 4 of 7
"Special Tax A" means the annual special tax to be levied in each Fiscal Year on each Assessor's Parcel of Developed Property to fund the Special Tax A Requirement. "Special Tax B" means the annual special tax to be levied in each Fiscal Year on each Assessor's Parcel of Developed Property to fund the Special Tax B Requirement. "Special Tax A Requirement" means that amount required in any Fiscal Year for CFD No. 2026-2 to: (i) pay for Authorized Maintenance Services; (ii) pay a share of Administrative Expenses as determined by the CFD Administrator; (iii) pay for reasonably anticipated Special Tax A delinquencies based upon the historical delinquency rate for CFD No. 2026-2; less (iv) a credit for funds available to reduce the annual Special Tax A levy, as determined by the CFD Administrator.
"Special Tax B Requirement" means that amount required in any Fiscal Year for CFD No. 2026-2 to: (i) pay for Authorized Public Safety Services; (ii) pay a share of Administrative Expenses as determined by the CFD Administrator; (iii) pay for reasonably anticipated Special Tax B delinquencies based upon the historical delinquency rate for CFD No. 2026-2; less (iv) a credit for funds available to reduce the annual Special Tax B levy, as determined by the CFD Administrator.
"State" means the State of California.
"Taxable Property" means all of the Assessor’s Parcels within the boundaries of CFD No. 2026-2 which are not exempt from the Special Tax pursuant to law or Section E below. "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property.

B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, all Taxable Property within CFD No. 2026-2 shall be classified as Developed Property or Undeveloped Property. Each parcel of Developed Property shall be further classified as either Residential Property or Non-Residential Property and shall be subject to Special Taxes in accordance with the rate and method of apportionment determined pursuant to Sections C and D below.

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CFD No. 2026-2 (Montclair Station) Page 5 of 7
C. MAXIMUM ANNUAL SPECIAL TAX

1. Developed Property
The Fiscal Year 2026-2027 Maximum Annual Special Tax is shown below in Table 1.

2. Undeveloped Property
Neither the Special Tax A nor the Special Tax B shall be levied on Undeveloped Property.

3. Multiple Land Uses
In some instances an Assessor's Parcel may contain both Undeveloped Property and Developed Property, or in the case of Developed Property, more than one Land Use Class.

The CFD Administrator’s allocation of Acreage to each type of property shall be final.

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CFD No. 2026-2 (Montclair Station) Page 6 of 7
D. APPORTIONMENT OF THE SPECIAL TAX

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E. EXEMPTIONS
Neither the Special Tax A nor the Special Tax B shall be levied on Assessor’s Parcels of Property Owner Association Property, Public Property, Exempt Welfare Exemption Property, or Parking Property.

F. APPEALS AND INTERPRETATIONS
Any landowner or resident may file a written appeal of the Special Tax on his/her property with the CFD Administrator, provided that the appellant is current in his/her payments of Special Taxes. During the pendency of an appeal, all Special Taxes must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the CFD Administrator agrees with the appellant, the CFD Administrator shall eliminate or reduce the Special Tax on the appellant’s property and/or provide a refund to the appellant. If the CFD Administrator disagrees with the appellant and the appellant is dissatisfied with the determination, the appellant then has 30 days in which to appeal to the Council by filing a written notice of appeal with the City Clerk, provided that the appellant is current in his/her payments of Special Taxes. The second appeal must specify the reasons for its disagreement with the CFD Administrator’s determination.

Interpretations may be made by the Council by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this Rate and Method of Apportionment.

H. TERM OF SPECIAL TAX
The Special Tax A shall be levied as long as necessary to meet the Special Tax A Requirement. The Special Tax B shall be levied as long as necessary to meet the Special Tax B Requirement.

MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 62 of 115 Resolution No. 26–3537 Page 1 of 3
RESOLUTION NO. 26–3537

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MONTCLAIR CALLING A SPECIAL ELECTION AND SUBMITTING

TO THE VOTERS OF THE CITY OF MONTCLAIR COMMUNITY
FACILITIES DISTRICT NO. 2026–2 (MONTCLAIR STATION),

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, A

PROPOSITION WITH RESPECT TO THE ANNUAL LEVY OF

SPECIAL TAXES WITHIN SAID COMMUNITY FACILITIES DISTRICT

TO PAY THE COSTS OF CERTAIN SERVICES TO BE PROVIDED BY

THE COMMUNITY FACILITIES DISTRICT AND A PROPOSITION

WITH RESPECT TO ESTABLISHING AN APPROPRIATIONS LIMIT

FOR SAID COMMUNITY FACILITIES DISTRICT
WHEREAS, pursuant to Section 53325.1 of the California Government Code, the City Council (the “City Council”) of the City of Montclair (the “City”) has adopted a resolution establishing City of Montclair Community Facilities District No. 2026–2 (Montclair Station), San Bernardino County, State of California (the “Community Facilities District”) and the boundaries thereof; and
WHEREAS, pursuant to Section 53326 of said Code, it is necessary that the City Council submit to the voters of the Community Facilities District the annual levy of special taxes on the property within the Community Facilities District to pay the costs of providing services described in Resolution No. 26–3526, the resolution of intention with respect to the formation of the Community Facilities District (“Resolution of Intention”); and
WHEREAS, pursuant to Section 53325.7 of said Code, the City Council may also submit to the voters of the Community Facilities District a proposition with respect to establishing an appropriations limit for the Community Facilities District.

NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF MONTCLAIR AS FOLLOWS:

Section 1. Findings. The City Council finds that: (i) the foregoing recitals are true and correct and are incorporated herein by this reference; (ii) less than 12 persons have been registered to vote within the territory of the Community Facilities District during the 90 days preceding the close of the public hearing on September 8, 2026; (iii) pursuant to Section 53326 of the California Government Code, as a result of the findings set forth in clause (ii) above, the vote in the special election called by this Resolution shall be by the landowners of the Community Facilities District whose property would be subject to the special taxes if they were levied at the time of the election, and each landowner shall have one vote for each acre, or portion thereof, which they own within the Community Facilities District which would be subject to the proposed special taxes if they were levied at the time of the election; (iv) Montclair Station Apartments, L.L.C., a Delaware limited liability company owner as to an 100% interest in the property (the “Owner”), Owner has by written consent (a) waived the time limits set forth in said Section 53326 for holding the election called by this Resolution, (b) consented to the holding of said election on September 8, 2026, (c) waived notice and mailed notice of the time and date of said election, and (d) waived an impartial analysis by the City Attorney of the ballot propositions pursuant to Section 9280 of the California Elections Code and arguments and rebuttals pursuant to Sections 9281 to 9287, inclusive, and 9295 of said Code; and (v) the City Clerk of the City has consented to the holding of said election on September 8, 2026.

Section 2. Call of Election. The City Council hereby calls and schedules a special election for September 8, 2026 on the proposition with respect to the annual levy of special taxes within the Community Facilities District for paying the cost of the services to be provided within and for the benefit of the Community Facilities District and on the proposition with respect to establishing an appropriations limit for the Community Facilities District.

Section 3. Propositions. The propositions to be submitted to the voters of the Community Facilities District at such special election shall be as follows:

First Proposition:

Shall special taxes be levied annually on taxable property within City of Montclair Community Facilities District No. 2026–2 (Montclair Station), San Bernardino County, State of MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 63 of 115 Resolution No. 26–3537 Page 2 of 3
California, to pay the costs of maintenance services, public safety services and other services specified in the Resolution of Intention adopted by the City Council of the City of Montclair on July 20, 2026 (the “Resolution of Intention”) and to pay expenses incidental thereto and to pay costs
associated with the determination of the amount of and the levy and collection of the special taxes, at the special tax rates and pursuant to the rate and method of apportionment of such special taxes set forth in Exhibit “A” to the Resolution of Intention?
Second Proposition:

Shall an appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, be established for City of Montclair Community Facilities District No. 2026–2 (Montclair Station), San Bernardino County, State of California, in the amount of $3,000,000?
Section 4. Conduct of Election. Except as otherwise provided in Section 5 hereof, said election shall be conducted by the City Clerk of the City pursuant to the California Elections Code governing mail ballot elections of cities, and in particular, the provisions of Division 4 (commencing with Section 4000) of said Code, insofar as they may be applicable.

Section 5. Election Procedures. The procedures to be followed in conducting the special election on (a) the proposition with respect to the levy of special taxes on the land within the Community Facilities District to pay the costs of maintenance, services, public safety services, and other services specified in the Resolution of Intention and to pay expenses incidental thereto and to pay costs associated with the determination of the amount of and the levy and collection of special tax rates pursuant to the rate and method of apportioning special taxes set forth in Exhibit “A” to the Resolution of Intention and (b) the proposition with respect to establishing an appropriations limit for the Community Facilities District in the amount of $3,000,000 (the “Special Election”) shall be as follows:
(a) Pursuant to said Section 53326 of the California Government Code, ballots for the Special Election shall be distributed to the qualified electors by the City Clerk by mail with return postage prepaid, or by personal service. (b) Pursuant to applicable sections of the California Elections Code governing the conduct of mail ballot elections of cities, and specifically Division 4 (commencing with Section 4000) of the California Elections Code with respect to elections conducted by mail, the City Clerk shall mail or deliver to each qualified elector an official ballot in a form specified by the City Council in the resolution calling the special election, and shall also mail or deliver to all such qualified electors a ballot pamphlet and instructions to voter, including a sample ballot identical in form to the official ballot but identified as a sample ballot, a return identification envelope with prepaid postage thereon addressed to the City Clerk for the return of voted official ballots, and a copy of the Resolution of Intention; provided, however, that such statement, analysis and arguments may be waived with the unanimous consent of all the landowners.
(c) The official ballots to be mailed or delivered by the City Clerk to each landowner–voter shall have printed or typed thereon the name of the landowner– voter and the number of votes to be voted by the landowner–voter and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, and if the landowner–voter is other than a natural person, that he or she is an officer of or other person affiliated with the landowner–voter entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner–voter, that in voting such official ballot it was his or her intent, as well as the intent of the landowner–voter, to vote all votes to which the landowner–voter is entitled based on its land ownership on the propositions set forth in the official ballot as marked thereon in the voting square opposite each such proposition, and further certifying as to the acreage of the landowner–voter’s land ownership within the Community Facilities District.

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(d) The return identification envelope mailed or delivered by the City Clerk to each landowner–voter shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, (vi) the date of signing and place of execution of said declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the City Clerk.
(e) The instruction to voter form to be mailed or delivered by the City Clerk to the landowner–voters shall inform them that the official ballots shall be returned to the City Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted by 5:00 p.m. on September 8, 2026. (f) Upon receipt of the return identification envelopes which are returned prior to the voting deadline on the date of the election, the City Clerk shall canvass the votes cast in the Special Election, and shall file a statement with the City Council as to the results of such canvass and the election on each proposition set forth in the official ballot.

Section 6. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

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

APPROVED AND ADOPTED this XX day of XX, 2026.

Mayor
ATTEST:

City Clerk
I, Andrea M. Myrick, City Clerk of the City of Montclair, DO HEREBY CERTIFY that Resolution No. 26–3537 was duly adopted by the Montclair City Council at a regular meeting thereof held on the XX day of XX, 2026, and that it was adopted by the following vote, to–wit:

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

Andrea M. Myrick
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 65 of 115 Resolution No. 26–3538 Page 1 of 2
RESOLUTION NO. 26–3538

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MONTCLAIR DECLARING THE RESULTS OF THE SPECIAL

ELECTION FOR THE CITY OF MONTCLAIR COMMUNITY
FACILITIES DISTRICT NO. 2026–2 (MONTCLAIR STATION),

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,

ON THE PROPOSITIONS WITH RESPECT TO (I) THE ANNUAL

LEVY OF SPECIAL TAXES TO PAY THE COSTS OF CERTAIN

SERVICES TO BE PROVIDED BY THE COMMUNITY

FACILITIES DISTRICT AND (II) ESTABLISHING AN

APPROPRIATIONS LIMIT
WHEREAS, on September 8, 2026, the City Council (the “City Council”) of the City of Montclair (the “City”) adopted a resolution calling a special election on the propositions with respect to the annual levy of special taxes on taxable property within the City of Montclair Community Facilities District No. 2026–2 (Montclair Station), County of San Bernardino, State of California (the “Community Facilities District”) to pay the costs of certain services to be provided by the Community Facilities District and establishing an appropriations limit for the Community Facilities District (the “Election Resolution”); and
WHEREAS, the City Council has received a statement from the City Clerk, who pursuant to the Election Resolution was authorized to conduct the special election and act as the election official therefor, with respect to the canvass of the ballots returned in and the results of the special election, certifying that more than two–thirds of the votes cast upon the propositions submitted to the voters in the special election were cast in favor of all such propositions.

NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF MONTCLAIR AS FOLLOWS:

Section 1. Findings. The City Council finds that: (i) the foregoing recitals are true and correct and are incorporated herein by this reference; (ii) there were less than 12 persons registered to vote within the boundaries of the Community Facilities District at the time of the close of the protest hearing on September 8, 2026, and pursuant to Section 53326 of the California Government Code (“Section 53326”) the votes in the special election were, therefore, to be by the landowners owning land within the Community Facilities District, with each landowner having one vote for each acre or portion of an acre of land that he or she owned within the Community Facilities District which would have been subject to the special tax if levied at the time of the special election; (iii) pursuant to Section 53326 and the Election Resolution, the City Clerk delivered ballots for the special election to Montclair Station Apartments, L.L.C., a Delaware limited liability company an owner of 100% interest of the property (“Property Owner”); (iv) the Property Owner waived the time limits for holding the special election and the election dates specified in Section 53326, and consented to the calling and holding of the special election on September 8, 2026; (v) the special election has been properly conducted in accordance with all statutory requirements and the provisions of Election Resolution; (vi) pursuant to Section 53326, the Property Owner, which owns approximately 9.47 acres, was entitled to a total of 10 votes; (vii) the ballots were returned by the Property Owner to the City Clerk prior to 5:00 p.m. on September 8, 2026; (viii) the ballots returned to the City Clerk by the Property Owner voted all votes to which it was entitled in favor of all propositions set forth therein; (ix) more than two– thirds of the votes cast in the special election on each such proposition were cast in favor thereof, and pursuant to Section 53328 of the California Government Code, all such propositions carried; (x) the City Council, as the legislative body of the Community Facilities District, is therefore authorized to take the necessary action to annually levy special taxes on taxable property within the Community Facilities District in amounts sufficient to pay the costs of services to be provided by the Community Facilities District; and (xi) an appropriations limit for the Community Facilities District has been established in the amount of $3,000,000.

Section 2. Declaration of Results. All votes voted in the special election on the propositions with respect to the annual levy of special taxes on taxable property within the Community Facilities District to pay the costs of the services to be provided by the Community Facilities District and the establishment of an appropriations limit in the amount of $3,000,000 for the Community Facilities District were voted in favor thereof, and such propositions carried.

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Section 3. Effect of Election. The effect of the results of the special election, as specified in Section 2 hereof, is that the City Council, as the legislative body of the Community Facilities District, is authorized to annually levy special taxes on taxable property within the Community Facilities District in an amount sufficient to pay the costs of the services to be provided by the Community Facilities District at the special tax rates and pursuant to the methodology for determining and apportioning such special taxes which are set forth in rate and method of apportionment of the special tax included as Exhibit “A” to the Resolution of Formation adopted by the City Council on September 8, 2026, and an appropriations limit has been established for the Community Facilities District in the amount of $3,000,000.

Section 4. Notice of Special Tax Lien. The City Clerk shall record a notice of special tax lien pursuant to Section 53328.3 of the California Government Code and Section 3114.5 of the California Streets and Highways Code.

Section 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

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

APPROVED AND ADOPTED this XX day of XX, 2026.

Mayor
ATTEST:

City Clerk
I, Andrea M. Myrick, City Clerk of the City of Montclair, DO HEREBY CERTIFY that Resolution No. 26–3538 was duly adopted by the Montclair City Council at a regular meeting thereof held on the XX day of XX, 2026, and that it was adopted by the following vote, to–wit:

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

Andrea M. Myrick
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 67 of 115 FIRST

READING
09/08/2026
Ordinance No. 26–1019 Page 1 of 2
ORDINANCE NO. 26–1019

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

MONTCLAIR ACTING IN ITS CAPACITY AS THE LEGISLATIVE

BODY OF THE CITY OF MONTCLAIR COMMUNITY FACILITIES
DISTRICT NO. 2026–2 (MONTCLAIR STATION), COUNTY OF

SAN BERNARDINO, STATE OF CALIFORNIA, AUTHORIZING

THE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY

FACILITIES DISTRICT
WHEREAS, the City Council (the “City Council”) of the City of Montclair, California (the “City”), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors authorizing the levy of special taxes in a community facilities district, all as authorized pursuant to the terms and provisions of the “Mello–Roos Community Facilities Act of 1982,” being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”).

This community facilities district shall hereinafter be referred to as the City of Montclair Community Facilities District No. 2026–2 (Montclair Station), San Bernardino County, State of California (the “District”).

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTCLAIR,

CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF THE CITY OF MONTCLAIR COMMUNITY FACILITIES DISTRICT NO. 2026–2 (MONTCLAIR STATION),

SAN BERNARDINO COUNTY, STATE OF CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Incorporation of Recitals. The Recitals set forth above are incorporated herein, are made findings and determination of the City Council, and are an operative part of this Ordinance.

Section 2. Special Taxes. This City Council does, by the passage of this Ordinance, authorize the levy of special taxes on taxable properties located in the District pursuant to the Rate and Method of Apportionment as set forth in Exhibit “A” attached hereto and incorporated herein by this reference (the “Rate and Method”).

Section 3. Annual Levy of Special Taxes. This City Council, acting in its capacity as the legislative body of the District, is hereby further authorized, by resolution, to annually determine the special tax to be levied within the District for the then current tax year or future tax years; provided, however, the special tax to be levied shall not exceed the maximum special tax authorized to be levied pursuant to the Rate and Method.

Section 4. Manner of Collection. The special taxes herein authorized to be levied, to the extent possible, shall be collected in the same manner as ad valorem property taxes or in such other manner as this City Council shall determine, including without limitation, direct billing of the affected property owners, and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes. Any special taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the Treasurer of the City of Montclair, acting for and on behalf of the District.

Section 5. Direction to County. The County of San Bernardino Auditor– Controller/Treasurer/Tax Collector is hereby directed, each fiscal year following the date of this Ordinance, to place the District’s annual special taxes on the County property tax roll along with the ordinary ad valorem property taxes.

Section 6. Direction to County. The City hereby authorizes, each fiscal year following the date of this Ordinance, the County of San Bernardino Auditor– Controller/Treasurer/Tax Collector to deduct its administrative and processing fees for completing and placing the District’s annual special taxes on the County annual property tax roll to be collected in the same manner as ordinary property taxes.

Section 7. Special Tax Lien. The special taxes authorized to be levied shall be secured by the lien imposed pursuant to Sections 3114.5 and 3115.5 of the Streets and Highways Code of the State of California, which lien shall be a continuing lien to secure each levy of the special tax, shall attach to all non–exempt real property in the District and shall continue in force and effect until the lien is canceled in accordance with law or until collection of the tax by the legislative body ceases.

MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 68 of 115 FIRST

READING
09/08/2026
Ordinance No. 26–1019 Page 2 of 2
Section 8. Effective Date. This Ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk shall cause this Ordinance to be published in a newspaper of general circulation in the City of Montclair.

APPROVED AND ADOPTED this XX day of XX, 2026.

Mayor
ATTEST:

City Clerk
I, Andrea M. Myrick, City Clerk of the City of Montclair, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance No. 26–1019 of said City, which was introduced at a regular meeting of the City Council held on the XX day of XX, 2026, and finally passed not less than five (5) days thereafter at a regular meeting of the City Council held on the XX day of XX, 2026, by the following vote, to–wit:

AYES: XX
NOES: XX
ABSTAIN: XX
ABSENT: XX
Andrea M. Myrick,
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 69 of 115 FIRST

READING
09/08/2026
Ordinance NO. 26-1019

EXHIBIT A
City of Montclair April 30, 2026
CFD No. 2026-2 (Montclair Station) Page 1 of 7

RATE AND METHOD OF APPORTIONMENT FOR

MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 70 of 115 FIRST

READING
09/08/2026
City of Montclair April 30, 2026
CFD No. 2026-2 (Montclair Station) Page 2 of 7
"Authorized Maintenance Services" means the (i) maintenance and lighting of parks, parkways, streets, roads, and open space, (ii) the operation and maintenance of bioretention basins and storm drainage systems, and (iii) any other services authorized to be financed pursuant to the Act.
"Authorized Public Safety Services" means (i) fire protection and suppression services, (ii) police protection services and (iii) any other services authorized to be financed pursuant to the Act.
"CFD Administrator" means the official of the City, or designee thereof, responsible for determining the Special Tax A Requirement and Special Tax B Requirement and providing for the levy and collection of the Special Taxes.
"CFD No. 2026-2" means the City of Montclair Community Facilities District No. 2026- 2 (Montclair Station).
"City" means the City of Montclair.
"Consumer Price Index" means the Consumer Price Index published by the U.S. Bureau of Labor Statistics for "All Urban Consumers" in the Los Angeles – Long Beach - Anaheim Area, measured as of the month of December in the calendar year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Consumer Price Index shall be another index as determined by the CFD Administrator that is reasonably comparable to the Consumer Price Index for the Los Angeles – Long Beach - Anaheim Area.
"Council" means the City Council of the City, acting as the legislative body of CFD No. 2026-2.
"County" means the County of San Bernardino.
"Developed Property" means, for each Fiscal Year, all Taxable Property for which a building permit for new construction was issued prior to January 1 of the previous Fiscal Year (i.e., a building permit for new construction issued prior to January 1, 2026 would be considered Developed Property beginning in Fiscal Year 2026-2027). “Exempt Welfare Exemption Property” means, for each Fiscal Year, an Assessor’s Parcel that is (a) receiving a welfare exemption under subdivision (g) of Section 214 of the California Revenue and Taxation Code (or any successor statute), as indicated in the County’s assessor’s roll finalized as of January 1 of the previous Fiscal Year, and (b) exempt from the Special Tax pursuant to Section 53340(c) of the Act. "Fiscal Year" means the period starting July 1 and ending on the following June 30. "Land Use Class" means any of the classes listed in Table 1 below.

MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 71 of 115 FIRST

READING
09/08/2026
City of Montclair April 30, 2026
CFD No. 2026-2 (Montclair Station) Page 3 of 7
"Maximum Annual Special Tax" means the Maximum Annual Special Tax A and/or Maximum Annual Special Tax B, as applicable.
"Maximum Annual Special Tax A" means the Maximum Annual Special Tax A, determined in accordance with Section C.1 below, that can be levied in any Fiscal Year on any Assessor’s Parcel of Developed Property within CFD No. 2026-2. "Maximum Annual Special Tax B" means the Maximum Annual Special Tax B, determined in accordance with Section C.1 below, that can be levied in any Fiscal Year on any Assessor’s Parcel of Developed Property within CFD No. 2026-2. "Non-Residential Property" means all Assessor’s Parcels of Developed Property for which a building permit(s) was issued for a non-residential use. "Parking Property” means, for each Fiscal Year, any property within the boundaries of CFD No. 2026-2 that is used exclusively or primarily as a parking lot, garage, parking structure, or roadway, as of January 1 of the previous Fiscal Year, as determined by the CFD Administrator.
"Property Owner Association Property" means, for each Fiscal Year, any property within the boundaries of CFD No. 2026-2 that was owned by a property owner association, including any master or sub-association, as of January 1 of the prior Fiscal Year. "Proportionately" means, for Developed Property, that the ratio of the actual Special Tax A levy to the Maximum Annual Special Tax A is equal for all Assessor’s Parcels of Developed Property and that the ratio of the actual Special Tax B levy to the Maximum Annual Special Tax B is equal for all Assessor’s Parcels of Developed Property, except to the extent that the Special Tax levy on Developed Property is limited as described in Section D below.
"Public Property" means, for each Fiscal Year, (i) any property within the boundaries of CFD No. 2026-2 that was owned by or irrevocably offered for dedication to the federal government, the State, the City or any other public agency as of January 1 of the previous Fiscal Year; provided however that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified in accordance with its use; and (ii) any property within the boundaries of CFD No. 2026-2 that was encumbered, as of January 1 of the previous Fiscal Year, by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement.
"Residential Property" means all Assessor’s Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units.
"Special Tax" means the Special Tax A and/or Special Tax B, as applicable.

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READING
09/08/2026
City of Montclair April 30, 2026
CFD No. 2026-2 (Montclair Station) Page 4 of 7
"Special Tax A" means the annual special tax to be levied in each Fiscal Year on each Assessor's Parcel of Developed Property to fund the Special Tax A Requirement. "Special Tax B" means the annual special tax to be levied in each Fiscal Year on each Assessor's Parcel of Developed Property to fund the Special Tax B Requirement. "Special Tax A Requirement" means that amount required in any Fiscal Year for CFD No. 2026-2 to: (i) pay for Authorized Maintenance Services; (ii) pay a share of Administrative Expenses as determined by the CFD Administrator; (iii) pay for reasonably anticipated Special Tax A delinquencies based upon the historical delinquency rate for CFD No. 2026-2; less (iv) a credit for funds available to reduce the annual Special Tax A levy, as determined by the CFD Administrator.
"Special Tax B Requirement" means that amount required in any Fiscal Year for CFD No. 2026-2 to: (i) pay for Authorized Public Safety Services; (ii) pay a share of Administrative Expenses as determined by the CFD Administrator; (iii) pay for reasonably anticipated Special Tax B delinquencies based upon the historical delinquency rate for CFD No. 2026-2; less (iv) a credit for funds available to reduce the annual Special Tax B levy, as determined by the CFD Administrator.
"State" means the State of California.
"Taxable Property" means all of the Assessor’s Parcels within the boundaries of CFD No. 2026-2 which are not exempt from the Special Tax pursuant to law or Section E below. "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property.

B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, all Taxable Property within CFD No. 2026-2 shall be classified as Developed Property or Undeveloped Property. Each parcel of Developed Property shall be further classified as either Residential Property or Non-Residential Property and shall be subject to Special Taxes in accordance with the rate and method of apportionment determined pursuant to Sections C and D below.

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READING
09/08/2026
City of Montclair April 30, 2026
CFD No. 2026-2 (Montclair Station) Page 5 of 7
C. MAXIMUM ANNUAL SPECIAL TAX

1. Developed Property
The Fiscal Year 2026-2027 Maximum Annual Special Tax is shown below in Table 1.

2. Undeveloped Property
Neither the Special Tax A nor the Special Tax B shall be levied on Undeveloped Property.

3. Multiple Land Uses
In some instances an Assessor's Parcel may contain both Undeveloped Property and Developed Property, or in the case of Developed Property, more than one Land Use Class.

The CFD Administrator’s allocation of Acreage to each type of property shall be final.

MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 74 of 115 FIRST

READING
09/08/2026
City of Montclair April 30, 2026
CFD No. 2026-2 (Montclair Station) Page 6 of 7
D. APPORTIONMENT OF THE SPECIAL TAX

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READING
09/08/2026
City of Montclair April 30, 2026
CFD No. 2026-2 (Montclair Station) Page 7 of 7
E. EXEMPTIONS
Neither the Special Tax A nor the Special Tax B shall be levied on Assessor’s Parcels of Property Owner Association Property, Public Property, Exempt Welfare Exemption Property, or Parking Property.

F. APPEALS AND INTERPRETATIONS
Any landowner or resident may file a written appeal of the Special Tax on his/her property with the CFD Administrator, provided that the appellant is current in his/her payments of Special Taxes. During the pendency of an appeal, all Special Taxes must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the CFD Administrator agrees with the appellant, the CFD Administrator shall eliminate or reduce the Special Tax on the appellant’s property and/or provide a refund to the appellant. If the CFD Administrator disagrees with the appellant and the appellant is dissatisfied with the determination, the appellant then has 30 days in which to appeal to the Council by filing a written notice of appeal with the City Clerk, provided that the appellant is current in his/her payments of Special Taxes. The second appeal must specify the reasons for its disagreement with the CFD Administrator’s determination.

Interpretations may be made by the Council by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this Rate and Method of Apportionment.

MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 76 of 115

CITY COUNCIL

AGENDA REPORT
DATE: SEPTEMBER 8, 2026
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 1
FILE I.D.: FIN540
DEPT.: FINANCE
PREPARER: A. VONG/J. HERRERA
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 17, 2026, and the Payroll Documentation dated August 9, 2026, and recommends their approval.

FISCAL IMPACT: The City Manager authorized the Warrant Register dated August 17, 2026, totaling $ 1,055,522.96.

The Payroll Documentation dated August 9, 2026, totals $911,254.90 gross, with $646,020.45 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 – 09/08/2026 Page 77 of 115

CITY COUNCIL

AGENDA REPORT
DATE: SEPTEMBER 8, 2026
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 2
FILE I.D.: FPP150
DEPT.: ADMIN. SVCS.

PREPARER: A. MYRICK
SUBJECT: CONSIDER RECEIVING AND FILING THE 2026 LOCAL AGENCY BIENNIAL NOTICE CONSIDER DIRECTING STAFF TO AMEND THE CITY’S CONFLICT OF INTEREST CODE AND SUBMIT THE REVISED CODE TO THE CITY COUNCIL FOR ADOPTION WITHIN 90

DAYS PURSUANT TO THE POLITICAL REFORM ACT
REASON FOR CONSIDERATION: The City Council is the designated code–reviewing body for the City’s Conflict of Interest Code. It is necessary to review the Conflict of Interest Code on a biennial basis, which includes the filing of a Local Agency Biennial Notice and amending the Code to update the list of designated employees who are required to file Statements of Economic Interests and to incorporate any other necessary changes.

The 2026 Local Agency Biennial Notice is attached and hereby submitted to the City Council for filing.

BACKGROUND: Pursuant to the Political Reform Act of 1974 (Government Code §8100, et seq.), all public agencies are required to adopt a Conflict of Interest Code. A Conflict of Interest Code designates positions required to annually file Statements of Economic Interest (Fair Political Practices Commission [FPPC] Form 700), and assigns disclosure categories specifying the types of interests to be reported. The Form 700 is a public document intended to alert public officials and members of the public to the types of financial interests that may create conflicts of interest. More information about the Form 700 can be found on the FPPC’s website at https://www.fppc.ca.gov/Form700.html.

The City of Montclair Conflict of Interest Code, first adopted on October 4, 1976, contains the requirement that all City Council Members, Planning Commissioners, City Manager, City Attorney, and designated employees responsible for managing public investments annually file Statements of Economic Interests. In addition, the Code requires that there be a listing of designated employees who, by job title, "make or participate in the making of governmental decisions which may have a foreseeable material effect on financial interests."
At its meeting on June 1, 2026, the City Council directed staff to perform a review of the City’s Conflict of Interest Code and submit the 2026 Local Agency Biennial Notice to the City Council by October 1, 2026.

Staff has reviewed the Conflict of Interest Code and has completed the Biennial Notice, which notes that areas of the Code require amendments. The 2026 Local Agency Biennial Notice must be filed by October 1, 2026, affirming that this review has been completed and indicating the actions required to be taken.

The City Council is required to adopt amendments to the Conflict of Interest Code within 90 days of the filing of the Biennial Notice. Staff anticipates the amendments to the Conflict of Interest Code will be submitted for adoption at a regular City Council meeting in December to meet the 90–day deadline.

MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 78 of 115 FISCAL IMPACT: There would be no fiscal impact associated with the City Council’s actions of receiving and filing the Biennial Notice and directing staff to amend the City’s Conflict of Interest Code.

RECOMMENDATION: Staff recommends the City Council take the following actions:

1. Receive and file the 2026 Local Agency Biennial Notice; and

2. Direct staff to amend the City’s Conflict of Interest Code and submit the revised Code to the City Council for adoption within 90 days pursuant to the Political Reform Act.

MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 79 of 115 www.fppc.ca.gov
FPPC Advice: [email protected] (866.275.3772)

Page 1 of 1 ends

2026 Local Agency Biennial Notice
Name of Agency:

Mailing Address:

Contact Person: Phone No.

Email: Alternate Email:

Accurate disclosure is essential to monitor whether officials have conflicts of interest and to help ensure public trust in government. The biennial review examines current programs to ensure that the agency’s code includes disclosure by those agency officials who make or participate in making governmental decisions.

This agency has reviewed its conflict of interest code and has determined that (check one BOX):

An amendment is required. The following amendments are necessary:
(Check all that apply.)
Include new positions
Revise disclosure categories
Revise the titles of existing positions
Delete titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions
Other (describe)
The code is currently under review by the code reviewing body.

No amendment is required. (If your code is over five years old, amendments may be necessary.)
Verification (to be completed if no amendment is required) This agency’s code accurately designates all positions that make or participate in the making of governmental decisions. The disclosure assigned to those positions accurately requires that all investments, business positions, interests in real property, and sources of income that may foreseeably be affected materially by the decisions made by those holding designated positions are reported. The code includes all other provisions required by Government Code Section 87302.
__________________________________________ _________________________ Signature of Chief Executive Officer Date
All agencies must complete and return this notice regardless of how recently your code was approved or amended. Please return this notice no later than October 1, 2026, or by the date specified by your agency, if earlier, to:
(PLACE RETURN ADDRESS OF CODE REVIEWING BODY HERE)
PLEASE DO NOT RETURN THIS FORM TO THE FPPC.

MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 80 of 115

CITY COUNCIL

AGENDA REPORT
DATE: SEPTEMBER 8, 2026
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 3
FILE I.D.: GRT200/TRC655
DEPT.: PUBLIC WORKS
PREPARER: R. HOERNING
SUBJECT: CONSIDER AMENDING THE 2024–2029 CAPITAL IMPROVEMENT PROGRAM TO ADD THE TRAFFIC SAFETY FLASHING STOP SIGN PROGRAM 2026 PROJECT

CONSIDER APPROVING THE PROJECT SPECIFICATIONS AND AUTHORIZING STAFF TO

ADVERTISE FOR BID PROPOSALS FOR CONSTRUCTION OF THE TRAFFIC SAFETY FLASHING STOP SIGN PROGRAM 2026 PROJECT
REASON FOR CONSIDERATION: The City Council is requested to consider amending the 2024–2029 Capital Improvement Program (CIP) to add the Traffic Safety Flashing Stop Sign Program 2026 Project. Amendments to the CIP, non–budgeted appropriations, approval of the project specifications, authorization to advertise for bid proposals, and authorizing the award of construction contracts are subject to City Council approval.

BACKGROUND: The City designed and implemented the Flashing Stop Sign Replacement Program based on a comprehensive understanding of community needs informed by multiple traffic safety assessments including the Local Roadway Safety (2022), Safe Routes to School (2020) and Active Transportation (2020) Plans, and the Systemic Safety Analysis Report (2020). In 2022, the City Council approved the Flashing Stop Sign Replacement Program as a City–wide traffic calming initiative. At that time, 163 flashing LED stop signs were installed. To–date, nearly 200 flashing stop signs have been placed throughout the City.

On July 6, 2026, the City Council approved Agreement No. 26–36 with National Main Street Center, Inc. to accept a $60,000 grant award to support the flashing stop sign replacement program to install twenty–four flashing stop signs at intersections throughout the City.

The flashing stop signs will be installed at the locations listed below, which are also marked on the attached map, by December 31, 2026.
• Wesley Ave. and Howard St. (SB)
• Ramona Ave. and San Jose St. (NB)
• San Jose St. and Camulos Ave. (SB)
• Olive St. and Monte Vista Ave. (EB)
• Moreno St. and Camulos Ave. (NB)
• Moreno St. and Felipe Ave. (NB)
• Helena Ave. and Moreno St. (SB)
• Grand Ave. and Fremont Ave. (EB)
• Saddleback St. and Fremont Ave. (EB & WB)
• Merle St. and Fremont Ave. (WB)
• Rodeo St. and Fremont Ave. (EB)
• Santa Anita Ave. and Benito St. (NB)
• Flora St. and Monte Vista Ave. (EB & WB)
• Rose Ave. and Arrow Hwy (NB)
• Rose Ave. and Holt Blvd. (NB)
• Rose Ave. and Brooks St. (SB)
• Vernon Ave. and Brooks St. (SB)
• Carrillo Ave. and Palo Verde St. (NB & SB)
• Holt Blvd. and Silicon Ave. (NB)
• Holt Blvd. and Oak Glen Ave. (NB)
• Bonnie Brea St. & S. Mills Ave. (WB)
MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 81 of 115 FISCAL IMPACT: The City has received $60,000 in grant funds to support implementing the twenty–four additional flashing stop sign conversions. It is anticipated that additional funds will be necessary to award the project. An appropriation request to use SB1 funds to supplement the grant funding will be provided with the request to award the project.

RECOMMENDATION: Staff recommends that the City Council take the following actions:

1. Amend the 2024–2029 Capital Improvement Program to add the Traffic Safety Flashing Stop Sign Program 2026 Project; and

2. Approve the project specifications and authorize staff to advertise for bid proposals for construction of the Traffic Safety Flashing Stop Sign Program 2026 Project.

MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 82 of 115 Project Name:

Project Details:

Project No. (Assigned by Finance): 16530
Phase Prior Years 2024/25 2025/26 2026/27 2027/28 2028/29 Total Fund/Program Environmental
Design
R/W Acquisition
Construction 60,000.00 60,000.00 GM Grant
Total 0.00 0.00 0.00 60,000.00 0.00 0.00 60,000.00
Approvals:

Department: By: Date:

Finance By: Date:

City Council Date:

Total Project
Cost: 60,000.00
Revision Number:

Trafic Safety Flashing Stop Sign Program 2026 Project
Fiscal Years
Preparation Date: August 20, 2026 Department: Public Works Contact/Ext.: Rosemary Hoerning
Infrastructure Fund
Capital Project Funding Information
Installation of twenty-four flashing solar stop signs at various intesections.

MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 83 of 115

CITY COUNCIL

AGENDA REPORT
DATE: SEPTEMBER 8, 2026
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 4
FILE I.D.: STA050F
DEPT.: PUBLIC WORKS
PREPARER: R. HOERNING
SUBJECT: CONSIDER ACCEPTANCE OF WORK AND APPROVAL OF THE FILING OF A NOTICE OF COMPLETION FOR THE CDBG ALLEYWAY IMPROVEMENT PROJECT 2026 WITH THE SAN BERNARDINO COUNTY RECORDER’S OFFICE
CONSIDER AUTHORIZING RELEASE OF RETENTION 35 DAYS AFTER RECORDATION

OF NOTICE OF COMPLETION, REDUCTION OF FAITHFUL PERFORMANCE BOND TO 10 PERCENT, AND RELEASE OF PAYMENT BOND AFTER SIX MONTHS REASON FOR CONSIDERATION: State law requires the filing of a Notice of Completion with the County Recorder’s Office upon completion and acceptance of a Public Works Project. The City Council is requested to consider accepting the work, approving the filing of a Notice of Completion with the San Bernardino County Recorder, and taking related actions concerning the CDBG Alleyway Improvement Project 2026.

BACKGROUND: On May 4, 2026, City Council awarded a contract to Gentry Brothers, Inc. and authorized Staff to execute Agreement No. 26–26 for the CDBG Alleyway Improvement Project 2026. The CDBG Alleyway Improvement Project 2026 included removal of existing pavement and ribbon gutters and construction of new AC pavement, ribbon gutters and trash can pathways. Construction began in July 2026 and concluded on August 6, 2026. All work requirements under Agreement No. 26–26 were finished in a satisfactory manner. Contingency funds were not used and there have been no Stop Notices submitted against the project, nor are any anticipated.

FISCAL IMPACT: The City Council approved $129,215.00 for the CDBG Alleyway Improvement Project 2026, and authorized a $25,785.00 contingency. The final construction cost was $126,823.00. Again, the authorized contingency was not required.

RECOMMENDATION: Staff recommends the City Council take the following actions:

1. Accept the work and approve the filing of a Notice of Completion for the CDBG Alleyway Improvement Project 2026 with the San Bernardino County Recorder’s Office; and

2. Authorize release of Retention 35 days after recordation of Notice of Completion, reduction of Faithful Performance Bond to 10 percent, and release of Payment Bond after six months.

MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 84 of 115 RECORDING REQUESTED BY:

City of Montclair

AND WHEN RECORDED MAIL DOCUMENT AND
TAX STATEMENT TO:

NAME: City of Montclair
STREET ADDRESS: 5111 Benito Street

CITY, STATE & ZIP
CODE: Montclair, CA 91763
Government Code 6103
(Space above this line for Recorder's Use Only)

NOTICE OF COMPLETION
NOTICE is hereby given that: The undersigned is the owner of an interest of estate in the hereinafter described property, the nature of which said interest or estate is: fee The full name and address of the undersigned is
Rosemary Hoerning
Public Works Director/
City Engineer
5111 Benito Street
Montclair, CA 91763
The work was completed on that certain work known as:

CDBG Alleyway Improvement Project 2026
for the undersigned City of Montclair,
a Municipal Corporation, on the 6
th day of August 2026
The City accepted the job on the 8
th day of September 2026
The Contractor on said job was:

Gentry Brothers, Inc.
384 Live Oak Avenue
Irwindale, CA 91706
The improvement consisted of: the removal of existing pavement, ribbon gutters and alley entrances and construction of new AC pavement, ribbon gutters and trash can pathways.

The property upon which said work of improvement was completed is described as follows:

Alleyway between Helena Avenue and Kingsley Street, Montclair, CA

VERIFICATION
I, the undersigned, say that I am agent for the owner of the aforesaid interest or estate in the property described in the above notice. I have read the foregoing notice and know and understand the contents thereof, and the facts stated herein are true and correct.

I declare under penalty of perjury that the foregoing is true and correct.

Executed on: at 5111 Benito Street, Montclair, California Rosemary Hoerning, P.E.

Public Works Director/City Engineer
MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 85 of 115

CITY COUNCIL

AGENDA REPORT
DATE: SEPTEMBER 8, 2026
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 5
FILE I.D.: LDU350
DEPT.: PUBLIC WORKS
PREPARER: R. HOERNING
SUBJECT: CONSIDER APPROVAL OF PARCEL MAP NO. 20474 LOCATED APPROXIMATELY 200

FEET WEST OF THE INTERSECTION OF MONTE VISTA AVENUE AND RICHTON STREET, WEST OF THE SAN ANTIONIO CREEK CHANNEL AT 4700 HUNTINGTON DRIVE CONSIDER AUTHORIZING PARCEL MAP NO. 20474 TO BE RECORDED WITH THE

OFFICE OF THE SAN BERNARDINO COUNTY RECORDER, SUBJECT TO FINAL

APPROVAL BY THE CITY ENGINEER
REASON FOR CONSIDERATION: Land subdivisions, including parcel maps and tract maps, are allowed by the Subdivision Map Act, subject to City Council approval. The City Council is requested to consider approval of Parcel Map No. 20474, generally located approximately 200 feet west of the intersection of Monte Vista Avenue and Richton Street, west of the San Antonio Creek Channel at 4700 Huntington Drive, and authorize staff to record the tract map with the Office of the San Bernardino County Recorder subject to final approval by the City Engineer.

BACKGROUND: On August 15, 2022, the City Council adopted Resolution No. 22–3366 approving Tentative Parcel Map No. 20474 located approximately 200 feet west of the intersection of Monte Vista Avenue and Richton Avenue, west of the San Antonio Creek Channel at 4700 Huntington Drive, known as “The Clara” (formerly Montclair Station Apartments, LLC). The Clara development is within the area of the North Montclair Downtown Specific Plan (NMDSP).

The parcel map subdivides the 9.96–acre site into three separate numbered parcels and a single–lettered parcel for a public street. Parcel 1 and Parcel 2 provide for a 302–unit residential apartment community, and Parcel 3, located at the northeast corner of the site, will be dedicated to the City for use as a public park. The park site is approximately 18,673 SF in size and is in an ideal location to serve as the trailhead location for the existing Pacific Electric Trail and the proposed San Antonio Creek Trail.

Separate from the parcel map, the developer dedicated in fee the necessary land for the future “A” Line (known formerly as the Gold Line). The parcel map also includes a 25– foot public easement located on Parcel 1 adjacent to the San Antonio Creek channel to contribute to the City’s master planned bicycle and pedestrian trail system.

FISCAL IMPACT: Approval of Parcel Map No. 20474 will create an unknown but positive fiscal impact to the City through increased property values and sales taxes. It will also increase the City’s available housing opportunities near the Montclair Transit Center.

RECOMMENDATION: Staff recommends the City Council take the following actions:

1. Approve Parcel Map No. 20474 located approximately 200 feet west of the intersection of Monte Vista Avenue and Richton Street, west of the San Antonio Creek Channel at 4700 Huntington Drive.

2. Authorize Parcel Map No. 20474 to be recorded with the Office of the San Bernardino County Recorder, subject to final approval by the City Engineer.

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CITY COUNCIL

AGENDA REPORT
DATE: SEPTEMBER 8, 2026
SECTION: CONSENT - RESOLUTIONS
ITEM NO.: 1
FILE I.D.: STG085
DEPT.: PUBLIC WORKS
PREPARER: R. HOERNING
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 26–3539 APPROVING A LIST OF PROJECTS TO BE FUNDED IN FISCAL YEAR 2026–27 BY SENATE BILL 1, THE CALIFORNIA ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
REASON FOR CONSIDERATION: The City Council is requested to consider adoption of Resolution No. 26–3539 approving a list of projects to be funded in Fiscal Year 2026–27 by Senate Bill 1 (SB1), the California Road Repair and Accountability Act of 2017.

SB1 provides state funding to cities and counties for basic road maintenance, rehabilitation, and critical safety projects on the local streets and roads system. To receive funding, the City Council must adopt a resolution specifying the projects for which the City intends to spend its SB1 funding allocation for Fiscal Year (FY) 2026– 2027.

Proposed Resolution No. 26–3539 confirms the allocation of SB1 funding in FY 2026–27 for the following projects: Ada Avenue/Howard Street; Silicon Avenue and Third Street Rehabilitation Project; Ramona and Howard Roundabout and Traffic Safety Flashing Stop Sign Program 2026. A copy of the Resolution is attached for City Council review and consideration.

BACKGROUND: On April 28, 2017, the Governor signed the Road Repair and Accountability Act of 2017, also known as Senate Bill 1 (SB1). The legislation provides funding to cities and counties for basic road maintenance, rehabilitation, and critical safety projects on the local streets and roads system through the creation of a Road Maintenance and Repair Account (RMRA). SB1 increased the per–gallon fuel excise taxes, diesel fuel sales taxes, vehicle registration and taxes, and provides inflationary adjustments to fuel tax rates in future years. Upon full implementation, SB1 will generate over $5 billion in California, with approximately $1.5 billion going to cities and counties for local streets and roads annually.

Collected tax revenue is deposited into the RMRA and some of this funding is apportioned by formula to eligible cities and counties. It is important to note that new RMRA allocations may not be used to supplant local agency general fund spending for street maintenance and rehabilitation efforts. Therefore, in addition to meeting the transparency and reporting requirements, local agencies are required to sustain existing maintenance of effort (MOE) levels by continuing general fund street expenditures as specified in the legislation. The City’s estimated MOE is $1,251,522.

For FY 2026–2027, it is estimated that the City of Montclair will receive approximately $1,069,656 in RMRA funding, with monthly payments starting in September 2026.

MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 94 of 115 Pursuant to Streets and Highways Code Section 2030, RMRA funds must be used for projects that include but are not limited to the following:
• Road maintenance and rehabilitation;
• Safety projects;
• Railroad grade separations;
• Traffic control devices; and
• Complete street components, including active transportation (bicycle and pedestrian) projects, transit facilities, and storm–water capture projects.

RMRA funds may also be used to satisfy a match requirement in order to obtain state or federal funds for eligible projects. Also, to the extent possible, cost permitting, cities and counties are encouraged to include the following project elements:
• Advanced recycling techniques that lower greenhouse gas emissions and reduce the cost of maintaining streets through material choice and construction methods.
• Transportation infrastructure that supports technologies such as zero emission vehicle fueling or charging.
• Complete street elements that improve safety or the quality of bicycle or pedestrian facilities.

Project may be implemented over multiple years. Staff has identified the following projects to be partially funded using RMRA funding:

Ada Avenue/Howard Street (Construction)
This Project includes ADA ramps, and the rehabilitation of roadway pavement.

This project is a joint project with San Bernadino County City Agreement 20–89.

Silicon Avenue and Third Street Rehabilitation Project (Construction) This project includes the removal and replacement of existing curb, gutter, sidewalk, drive approaches, pavement, catch basins, signing and striping.

Ramona and Howard Roundabout Project (Design & Construction) This project includes preparation of design documents for the removal and reconstruction of asphalt pavement, construction of an intersection roundabout with center enhancement, concrete curb and gutter, sidewalk, ADA ramps, drainage improvements and asphalt pavement striping and signage.

Traffic Safey Flashing Stop Sign Program 2026 (Construction) This project includes the removal and replacement of 24 existing traffic stop signs with solar operated LED flashing stop signs to improve traffic and pedestrian safety.

MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 95 of 115 FISCAL IMPACT: Should the City Council adopt Resolution No. 26–3539, SB1 funds for Fiscal Year 2026–27 would be allocated for the project mentioned above. Pursuant to the SB1 RMRA guidance documents projects anticipated to have expenditures in FY2026– 27 must be listed on the resolution to be eligible for this program funding.

RECOMMENDATION: Staff recommends the City Council adopt Resolution No. 26–3539 approving a list of projects to be funded in Fiscal Year 2026–27 by Senate Bill 1, the California Road Repair and Accountability Act of 2017.

MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 96 of 115 Resolution No. 26–3539 Page 1 of 2
RESOLUTION NO. 26–3539

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF MONTCLAIR ADOPTING A LIST OF PROJECTS FOR
FISCAL YEAR 2026–27 FUNDED BY SB 1, THE ROAD
REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi–modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City, will receive an estimated $1,069,656 in RMRA funding in Fiscal Year (FY) 2026–2027 from SB 1; and
WHEREAS, this is the ninth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, the City is using a Five Year Capital Improvement Plan to develop the SB 1 project list to ensure revenues are being used on the most high–priority and cost– effective projects that also meet the communities priorities for transportation investment; and
WHEREAS, the 2023 California Statewide Local Streets and Roads Needs Assessment found that the City streets and roads are in an good condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into excellent condition; and WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting–edge technology, materials and practices, will have significant positive co–benefits statewide.

NOW, THEREFORE, IT IS HEREBY RESOLVED, ORDERED, AND FOUND by the City Council of the City of Montclair, State of California, as follows:

1. The foregoing recitals are true and correct.

2. The City of Montclair is adopting the fiscal year 2026–27 list of projects planned to be funded in–part or solely with Road Maintenance and Rehabilitation Account revenues provided in Exhibit A.

3. Compliance with California Environmental Quality Act. The City Council finds that this Resolution is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, if the activity is deemed a project this City Council finds that this Resolution is exempt pursuant to Section 15061(b)(3) of the State CEQA Guidelines.

MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 97 of 115 Resolution No. 26–3539 Page 2 of 2
APPROVED AND ADOPTED this XX day of XX, 2026.

Mayor
ATTEST:

City Clerk
I, Andrea M. Myrick City Clerk of the City of Montclair, DO HEREBY CERTIFY that Resolution No. 26–3539 was duly adopted by the City Council of said city and was approved by the Mayor of said city at a regular meeting of said City Council held on the XX day of XX, 2026, and that it was adopted by the following vote, to–wit:

AYES: XX
NOES: XX
ABSTAIN: XX
ABSENT: XX
Andrea M. Myrick
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 98 of 115 Project Title Project Description Project Location Proposed Start
Date
Proposed
Completion
Date
Estimated
Useful
Life
Estimated
Project
Cost
Ada Avenue/Howard Street This project will include ADA Curb Ramps and rehabilitation/Repair of existing
parvement
Ada Avenue between Mission and State Street & Howard
between Pipeline Avenue and College Avenue & West of
Stagecoach Avenue and Monte Vista Avenue
12/8/2020 12/30/2026 20 Years $455,000
Silicone Avenue Street
Rehabilitation Project This project includes preparation of plans and specifcations for the removal and
reconstruction of asphalt pavement,
construction of concrete curb and gutter,
sidewalk, cross gutter, and ADA access
ramps and asphalt pavement.

Silicon Avenue from Mission Blvd to State Street & 3rd
Avenue from Silicone to approximately 1100 feet easterly 2/24/2023 12/30/2027 20 years $375,000
Ramona & Howard
Roundabout This project includes the removal and
reconstruction of asphalt pavement,
construction of an intersection roundabout
with center ehancement, concrete curb
and gutter, sidewalk, and ADA access
ramps, drainage improvemetns, asphalt
pavement striping and signage.

At the intersection of Ramona Avenue and Howard Street and on the approach streets.
6/22/2022 6/30/2029 20 Years $2,300,000
Traffic Safety Flashing Stop
Sign Program 2026
This project includes the removal and
replacement of existing traffic stop signs
with solar operated LED flashing stop
signs to improve traffic and pedestrian
safety.

Removal and installation of 24 flashing stops signs at various locations.
8/1/2026 12/30/2026 10 Years $75,000

EXHIBIT 'A'
City of Montclair, California
SB 1 - Road Maintenance and Rehabilitation
FY 2026-2027 Project List
MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 99 of 115 Personnel Committee Minutes – August 17, 2026 Page 1 of 1

MINUTES OF THE MEETING OF THE MONTCLAIR

PERSONNEL COMMITTEE HELD ON MONDAY,
AUGUST 17, 2026, AT 6:00 P.M. IN THE CITY
ADMINISTRATIVE OFFICES, 5111 BENITO STREET,

MONTCLAIR, CALIFORNIA
I. CALL TO ORDER
Council Member Ruh called the meeting to order at 6:00 p.m.

II. ROLL CALL

Present: Council Member Ruh, City Manager Starr, and Human Resources Manager Ghobrial
III. APPROVAL OF MINUTES
A. Minutes of the Regular Personnel Committee Meeting of August 3, 2026.

Moved by City Manager Starr, seconded by Council Member Ruh, and carried unanimously to approve the minutes of the Personnel Committee meeting on August 3, 2026.

IV. PUBLIC COMMENT – None
V. CLOSED SESSION
At 6:01 p.m., the Personnel Committee went into Closed Session regarding personnel matters related to appointments, resignations/ terminations, and evaluations of employee performance.

At 6:20 p.m., the Personnel Committee returned from Closed Session.

Council Member Ruh stated that no announcements would be made at this time.

VI. ADJOURNMENT
At 6:20 p.m., Council Member Ruh adjourned the Personnel Committee.

Submitted for Personnel Committee approval,
Edward C. Starr
City Manager
MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 100 of 115

PENDING

MINUTES OF THE REGULAR JOINT MEETING OF THE MONTCLAIR

CITY COUNCIL, SUCCESSOR AGENCY AND MONTCLAIR HOUSING

CORPORATION BOARDS, MONTCLAIR HOUSING AUTHORITY

COMMISSION, AND MONTCLAIR COMMUNITY FOUNDATION
BOARD HELD ON MONDAY, JUNE 1, 2026, AT 7:01 P.M. IN THE CITY COUNCIL CHAMBERS, 5111 BENITO STREET, MONTCLAIR,

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

Mayor Dutrey stated tonight’s meeting would be adjourned in memory of retired Montclair Police Lieutenant Jim Michel.

Chief Reed expressed condolences on the sudden and unexpected passing of Lieutenant Michel, who had just retired in December, after 28 years of honorable service with the Montclair Police Department.

II. INVOCATION
Pastor Josh Matlock, Bethany Baptist Church, gave the invocation.

III. PLEDGE OF ALLEGIANCE
Council Member/Director Ruh led the meeting participants in the Pledge.

IV. ROLL CALL

Present: Mayor/Chair Dutrey; Mayor Pro Tem/Vice Chair Martinez; Council Members/Directors Ruh, Lopez, and Mendez
City Manager/Executive Director Starr; Assistant City Manager/ Director of Human Services Richter; Director of Finance Kulbeck; Fire Chief Dierck; City Attorney Robbins; City Clerk Myrick V. PRESENTATIONS — None
VI. PUBLIC COMMENT
• Roxanna Gracia, District Director, Office of Assemblymember Michelle Rodriguez, invited the community to the District’s second Annual Summer Barbecue on June 20, from 11:00 a.m. to 2:00 p.m., featuring a cowboy theme, where residents will be provided with an opportunity to meet elected officials, connect with district staff, and access valuable state resources as well as free food, and live music. • Ruby Long, Senior Field Representative, Office of Fourth District San Bernardino County Supervisor Curt Hagman, announced that Supervisor Hagman will be hosting a free community shredding event for San Bernardino County residents on Saturday, June 6, from 9:00 a.m. to 12:00 p.m. at Chino City Hall.
• Kati Parker, Vice President, Chino Basin Water Conservation District Board of Directors, invited the community to attend a Chino Groundwater Basin Sustainability Tour scheduled for Thursday, June 25, from 8:00 a.m. to noon to learn how the region recharges and manages one of its largest water resources; and introduced the District's new “Community Water Academy 101,” a three–day educational program designed for community members, elected officials, and staff interested in learning about the regional water system and how new state water conservation regulations affect local communities.
• Carlos Solano, resident, stated he was unjustly confronted at his residence by two Montclair Police Officers on March 9, during which one officer threatened to arrest him and impound his vehicle, and was later wrongly placed at fault in a traffic collision by one of said officers.

MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 101 of 115

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – June 1, 2026 Page 2 of 12 • Alice Garcia, resident, discussed the recall effort against Council Member Lopez, noting that although a formal campaign committee was formed and a petition had been approved for circulation, insufficient volunteer support forced the campaign to drop the effort and seek other avenues to hold Council Member Lopez accountable, noting that she believes the recall campaign achieved its goal to raise awareness in the community and inspire residents and victims of sexual harassment to speak out against his actions and abuse of power.
• Alexandra Murphy suggested the City consider creative incentives for employees like home–buying assistance; and raised traffic safety concerns regarding the traffic signals at the freeway and Monte Vista Avenue, requesting more directional arrows and lane markings to prevent confusion and collisions.

VII. PUBLIC HEARINGS
A. First Reading — Consider Ordinance No. 26–1017 Adding Chapter 11.79 to the Montclair Municipal Code Relating to Additional Development Standards to Facilitate Ministerial Approvals for Development of Multi–Family Housing City–Wide Consider Setting a Public Hearing for Second Reading and to Consider Adoption of Ordinance No. 26–1017 on Monday,
July 6, 2026, at 7:00 p.m. in the City Council Chambers Mayor Dutrey opened the public hearing and invited comments from the public. Seeing no one in the audience wishing to speak, Mayor Dutrey closed the public hearing and returned the matter to the City Council for consideration.

ACTION – Public Hearing – Item A
ACTING: City Council
MOTION: Conduct first reading of Ordinance No. 26–1017 by number and title only; and
Set a public hearing for second reading and to
consider adoption of Ordinance No. 26–1017 on
Monday, July 6, 2026, at 7:00 p.m. in the City Council
Chambers.

MADE BY:

SECOND BY:

Council Member Ruh
Mayor Pro Tem Martinez
AYES:

NOES:

ABSTAIN:

ABSENT:

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

Council Member Lopez indicated that he abstained from voting because the rezoning could adversely affect a property owner who, during the April 20 meeting, expressed concerns about their undeveloped property located in an area designated as a “neighborhood edge zone” and requested that their property retain the current C–3 commercial zoning designation.

City Manager Starr advised the property owner in question had plans approved by the City to develop the property for a commercial use; however, the owner did not develop the property while the approval was valid.

MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 102 of 115

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – June 1, 2026 Page 3 of 12 B. Consider Receiving and Filing the City of Montclair Report on Vacancies for FY 2025–26 in Compliance with AB 2561
Mayor Dutrey opened the Public Hearing.
• Teresa Preciado, Business Agent, Teamsters Local 1932, urged the City Council to offer competitive wages, affordable healthcare, and reliable retirement benefits, which are essential to attract and retain experienced staff.
• Philip Mendez, negotiating team member, Teamsters Local 1932, urged the City to listen to employees and negotiate in good faith to protect City services and retain experienced staff.
• Alex Perez, negotiating team member, Teamsters Local
1932, encouraged the City to present a fair labor proposal before additional employee departures begin affecting the quality of City services.
• Laura Rico, negotiating team member, Teamsters Local
1932, warned of a police dispatch staffing and retention crisis due to noncompetitive wages and benefits.

Mayor Dutrey closed the public hearing and returned the matter to the City Council for consideration.

ACTION – Public Hearing – Item B
ACTING: City Council
MOTION: Receive and File the City of Montclair Report on Vacancies for FY 2025–26 in Compliance with AB 2561
MADE BY:

SECOND BY:

Mayor Dutrey
Council Member Ruh
AYES:

NOES:

ABSTAIN:

ABSENT:

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

VIII. CONSENT CALENDAR
ACTION – Consent Calendar
ACTING: City Council
Successor Agency Board
Montclair Housing Corporation Board
Montclair Housing Authority Commission
Montclair Community Foundation Board
DISCUSSION None
MOTION: Approve the Consent Calendar as presented.

MADE BY:

SECOND BY:

Council Member/Director Lopez
Council Member/Director Ruh
AYES:

NOES:

ABSTAIN:

ABSENT:

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

MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 103 of 115

PENDING

1. Special Meeting — April 20, 2026
ACTION – Consent Calendar – Item A–1
ACTING: City Council
RESULT: Approved on Consent Calendar; Motion carried 5–0.

B. Administrative Reports

1. Consider Receiving and Filing of Treasurer’s Report – March 2026
ACTION – Consent Calendar – Item B–1
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

2. Consider Approval and Ratification of Warrant Register & Payroll Documentation
ACTION – Consent Calendar – Item B–2
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

3. Consider Receiving and Filing SA Treasurer’s Report – March 2026
ACTION – Consent Calendar – Item B–3
ACTING: Successor Agency Board
RESULT: Approved on Consent Calendar; motion carried 5–0.

4. Consider Approval of SA Warrant Register – March 2026 ACTION – Consent Calendar – Item B–4
ACTING: Successor Agency Board
RESULT: Approved on Consent Calendar; motion carried 5–0.

5. Consider Receiving and Filing MHC Treasurer’s Report – March 2026
ACTION – Consent Calendar – Item B–5
ACTING: Montclair Housing Corporation Board
RESULT: Approved on Consent Calendar; motion carried 5–0.

6. Consider Approval of MHC Warrant Register – March 2026 ACTION – Consent Calendar – Item B–6
ACTING: Montclair Housing Corporation Board
RESULT: Approved on Consent Calendar; motion carried 5–0.

MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 104 of 115

PENDING

7. Consider Receiving and Filing of MHA Treasurer’s Report – March 2026
ACTION – Consent Calendar – Item B–7
ACTING: Montclair Housing Authority Commission
RESULT: Approved on Consent Calendar; motion carried 5–0.

8. Consider Approval of MHA Warrant Register – March 2026 ACTION – Consent Calendar – Item B–8
ACTING: Montclair Housing Authority Commission
RESULT: Approved on Consent Calendar; motion carried 5–0.

9. Consider Directing Staff to Review the City’s Conflict of Interest Code and to Submit the 2026 Biennial Notice to the City Council on or Before October 1, 2026, Pursuant to the Political Reform Act
ACTION – Consent Calendar – Item B–9
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

10. Consider Declaring a Circul–Air Fire Hose Dryer as Surplus and Available for Donation to the Fire Department of
Huatabampo, Sonora in Mexico
ACTION – Consent Calendar – Item B–10
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

11. Consider Rejecting all Bids for Construction of the Ramona Avenue and Howard Street Roundabout Project
ACTION – Consent Calendar – Item B–11
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

12. Consider Receiving and Filing Annual Reports Prepared by Independent Auditors for the City of Montclair, Successor Agency for the City of Montclair Redevelopment Agency,
and Measure I Fund
ACTION – Consent Calendar – Item B–12
ACTING: City Council
Successor Agency Board
RESULT: Approved on Consent Calendar; motion carried 5–0.

MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 105 of 115

PENDING

1. Consider Approval of Agreement No. 26–28, Amendment
No. 2 to Agreement No. 23–44 with Colts Landscape Inc. for Landscape Maintenance Services, Subject to Any Revisions Deemed Necessary by the City Attorney
ACTION – Consent Calendar – Item C–1
ACTING: City Council
RESULT: Approved on Consent Calendar; Motion carried 5–0.

2. Consider Awarding a Contract to Gentry Brothers, Inc. for Construction of the Arrow Highway Rehabilitation and Traffic Signal Interconnect Project
Consider Approval of Agreement No. 26–29 with Gentry
Brothers, Inc. for Construction of the Arrow Highway
Rehabilitation and Traffic Signal Interconnect Project
Consider Authorizing a $951,895.25 Contingency for the
Arrow Highway Rehabilitation and Traffic Signal Interconnect Project
Consider Authorizing City Manager Edward C. Starr to Sign Agreement No. 26–29
ACTION – Consent Calendar – Item C–2
ACTING: City Council
RESULT: Approved on Consent Calendar; Motion carried 5–0.

3. Consider Approval of Agreement No. 26–30, Amendment
No. 1 to Agreement No. 23–36 with West Coast Arborists for Tree Maintenance Services, Subject to Any Revisions Deemed Necessary by the City Attorney
ACTION – Consent Calendar – Item C–3
ACTING: City Council
RESULT: Approved on Consent Calendar; Motion carried 5–0.

4. Consider Approval of Agreement No. 26–31 with All City Management Services, Inc. to Provide School Crossing Guard Services for Fiscal Year 2026–27, Subject to Any Revisions Deemed Necessary by the City Attorney
ACTION – Consent Calendar – Item C–4
ACTING: City Council
RESULT: Approved on Consent Calendar; Motion carried 5–0.

D. Resolutions

1. Consider Adoption of Resolution No. 26–3515 Calling and Giving Notice of the Holding of a General Municipal Election to Be Held on Tuesday, November 3, 2026, for the Election of Certain Officers as Required by the Provisions of the Laws of the State of California Related to General Law Cities Consider Adoption of Resolution No. 26–3516 Adopting the Regulations for Candidates for Elective Office Pertaining to Candidates’ Statements Submitted to the Voters at an
Election to be Held on Tuesday, November 3, 2026
MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 106 of 115

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – June 1, 2026 Page 7 of 12 Consider Adoption of Resolution No. 26–3517 Requesting
the Board of Supervisors of the County of San Bernardino to Consolidate a General Municipal Election to Be Held on
Tuesday, November 3, 2026, with the Statewide General
Election to be Held on the Same Date Pursuant to Section 10403 of the California Elections Code
ACTION – Consent Calendar – Item D–1
ACTING: City Council
RESULT: Approved on Consent Calendar; Motion carried 5–0.

2. Consider Adoption of Resolution No. 26–3518 Authorizing Placement of Liens on Certain Properties for Delinquent Sewer and Trash Charges
ACTION – Consent Calendar – Item D–2
ACTING: City Council
RESULT: Approved on Consent Calendar; Motion carried 5–0.

3. Consider Adoption of Resolution No. 26–3519 Adopting an Uncollectible Accounts Receivable Write–Off Policy and
Authorize Writing–Off $180,890.99 in Uncollectible
Accounts Receivable
ACTION – Consent Calendar – Item D–3
ACTING: City Council
RESULT: Approved on Consent Calendar; Motion carried 5–0.

IX. PULLED CONSENT CALENDAR ITEMS
X. BUSINESS ITEMS
A. Consider Adoption of Resolution No. 26–3520 Rescinding the City of Montclair Policy Statement Related to the Discontinuation of Remote Public Comments at Public Meetings; Adopting Policies and Procedures for Disruptions to Remote Public Access and Addressing Disruptive Behavior of Remote Participants During City Council Meetings Pursuant to Senate Bill (SB) 707 (Durazo) Effective July 1, 2026; and Adopting a Policy Implementing Procedures to Facilitate Requests for Accommodations at Public Meetings in Compliance with the Ralph M. Brown Act and the Americans with Disabilities Act of 1990
City Clerk Myrick provided a presentation reviewing the proposed resolution implementing policies regarding SB 707 and its changes to the Brown Act, including requirements to allow remote public participation at City Council meetings, post translated City Council meeting agendas, and adopt procedures related to remote meeting disruptions and for disability accommodations at public meetings.

Mayor Dutrey emphasized a need for better meeting management procedures with the reintegration of remote public participation to prevent more Zoom–bombing incidents.

Information Technology Director Nguyen stated the City can swiftly revert to allowing remote comments via Zoom again, noting he is confident in new safeguards implemented through registration procedures.

Mayor Dutrey proposed reducing individual public comment time from five to three minutes, aligning with other cities.

MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 107 of 115

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – June 1, 2026 Page 8 of 12 Council Member Lopez spoke in support of maintaining the fiveminute limit, citing protections for free speech, with the possibility to reduce allotted time per speaker when there are many speakers if necessary in the interest of time.

Mayor Pro Tem Martinez expressed concern over the broad language regarding disruptive behavior and requested additional training or examples for consistent enforcement while protecting free speech and stated her support for remaining with five minutes per speaker.

City Attorney Robbins explained that the presiding officer would assess disruptive behavior on a case–by–case basis, and must provide individuals a chance to correct their disruptive conduct before resorting to removing them from the meeting.

Council Member Mendez supported keeping the five–minute limit but suggested the City Council retain flexibility to reduce the time limit for all speakers when there is a high turnout.

ACTION – Business Item – Item A
ACTING: City Council
MOTION: Adopt Resolution No. 26–3520; and
Maintain a maximum five–minute limit per speaker,
which may be reduced if needed based on the total
number of speaker cards submitted.

MADE BY:

SECOND BY:

Council Member Lopez
Council Member Mendez
AYES:

NOES:

ABSTAIN:

ABSENT:

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

XI. RESPONSE
A. Consider Receiving and Filing the Response to City Council Inquiry Regarding Ongoing Immigration Enforcement Activities in Montclair by U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection
Consider Providing Direction to Staff Based on the Information Presented in the Agenda Report
• The following individuals spoke urging the City Council to take action in response to Immigration and Customs Enforcement (ICE) activities, including establishing a fund to support impacted families, cancelling the City’s contract with FLOCK, and investigate the reasons for higher ICE activity in Montclair compared to surrounding cities:

1. Jennifer L.

2. Eddie Torres

3. Daniela Ramos

4. Benjamin Wood

5. Shirley M.

6. Tina Silva

7. Priscila Garcia

8. Emily Miranda
• The following submitted written comments of the same:

9. Patricia Hobbs

10. Marcia Campbell

11. Vanessa Medina Reynaga

12. Norma Palacio

13. Darcy Contat

14. Martha Parker

15. Laura Moreno

16. Fanelly Millan

17. Giselle Ramos

18. Emely Andreo

19. Katina Vlastos

20. Claudia Bautista Perales
Mayor Dutrey recessed the City Council at 10:05 p.m. The meeting reconvened at 10:13 p.m. with all members present.

MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 108 of 115

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – June 1, 2026 Page 9 of 12 City Manager Starr clarified that the FLOCK automated license plate reading (ALPR) cameras used by the Police Department do not provide access to, or share data with, federal agencies. He noted its primary use is to identify stolen or suspect vehicles, and advised the City only shares limited, specific data it collects with federal agencies pursuant to law or for income tax purposes. He added that, in compliance with the California Values Act (SB 54), the City generally does not cooperate with immigration detainers except where California law permits—notably for individuals with serious or violent convictions. He added that, even if legal standards change, the City will follow existing laws.

Council Member Mendez praised the thorough support fund plan but expressed reservations about committing public funds before the annual budget process. He indicated support for a modest $25,000 allocation, allowing time for the City to evaluate actual demand for this assistance before expanding the program, and expressed support for further discussion during the upcoming budget meeting.

Council Member Ruh expressed concerns about the proposed Local Support Fund, emphasizing a need to fully discuss and develop this program and its parameters before public funds are allocated.

Mayor Dutrey made a motion to receive and file the report and to approve staff’s recommendations located on pages 183 and 184 of the agenda packet, including the establishment of a fund to aid qualifying Montclair households facing financial hardships including those caused by immigration enforcement, unemployment, and medical emergencies; and submitting a letter in support of the Fairness to Freedom Act of 2023 (N. Torres).

Mayor Pro Tem Martinez proposed an amended motion to supply an initial $100,000 contribution to the fund, direct staff to seek grants and private donations and revisit City contributions to further enhance the fund, such as during the upcoming budget and cannabis regulation discussions; direct staff to submit a Freedom of Information Act (FOIA) request to ICE regarding federal data-sharing and disable FLOCK from sharing information with ICE and other federal law enforcement agencies, and if that cannot be accomplished, suspend the City’s FLOCK contract; and direct staff to engage proactively with school districts to address concerns about ICE activity occurring near schools.

Being no second to Mayor Pro Tem Martinez’s amended motion, her proposed amendment to the motion failed.

City Manager Starr agreed to proactively engage with local school officials to offer the City’s support related to ICE activity affecting students.

ACTION – Response – Item A
ACTING: City Council
MOTION: Receive and file staff’s response to City Council inquiry regarding ongoing Immigration Enforcement
Activities in Montclair by U.S. Immigration and
Customs Enforcement and U.S. Customs and Border
Protection; and
Provide Direction to Staff as follows:

Regarding establishing a Local Support Fund:

Authorize a $25,000 allocation from the General
Fund to establish the Montclair Community
Partnership Support Fund (MCPSF), and authorize
future contributions up to $25,000 to match
equivalent donations from other contributing
partners.

MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 109 of 115

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – June 1, 2026 Page 10 of 12 ACTION – Response – Item A
Regarding prohibiting ICE/CBP from staging on
City–owned property, and restricting the City’s
interactions and cooperation with ICE/CBP:

Await the outcome of U.S. v. State of New Jersey
decision from the U.S. Supreme Court before
considering adoption of a policy prohibiting ICE/CBP
from staging on City–owned property, and pursuant
to the California Values Act (SB 54), refrain from
entering into §287(g) agreements with federal
agencies and comply with federal immigration
officials only to the extent required by law; and
Direct staff to submit a letter to the office of
Congresswoman Torres in support of the Fairness to
Freedom Act of 2023.

Regarding a “no–mask” policy for law enforcement
personnel, particularly federal agents assigned to
ICE/CBP:

Await U.S. Supreme Court decision regarding states’
mask restrictions for, and/or the visible display of
identification by all federal, state, and local law
enforcement officers, and direct that staff prepare an
ordinance for City Council consideration if the ruling
is in favor of states’ rights to implement such a
mandate, and if California law does not settle the
matter.

Regarding the City’s use of FLOCK:

Maintain partnership/agreement with FLOCK cameras
as part of the Montclair Police Department’s inventory
of investigation tools.

MADE BY:

SECONDED BY:

Mayor Dutrey
Council Member Lopez
AYES:

NOES:

ABSTAIN:

ABSENT:

Mendez, Martinez, Dutrey
Lopez, Ruh
None
None
RESULT: Motion carried 3–2 (Lopez and Ruh opposed).

XII. COMMUNICATIONS
A. Department Reports

1. Human Services Department — Upcoming Events
Assistant City Manager/Director of Human Services Richter invited the community to the City’s 12th Annual Country Fair Jamboree on Saturday, June 13, from noon to 6:00 p.m. at Alma Hofman Park, and the 65th Annual Series of Summer Concerts and Movies in the Park, taking place every Tuesday evening at Alma Hofman Park from June 16 to August 4.

B. City Attorney
City Attorney Robbins rescinded her request for the City Council to discuss the following matters in closed session:

1. Pursuant to Gov. Code §54956.9(d)(2) Regarding Potential Litigation (Two Potential Cases)

2. Pursuant to Gov. Code §54956.9(d)(4) Regarding Potential Litigation (Two Potential Cases)
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PENDING

3. Pursuant to Gov. Code §54956(d)(1) Regarding Pending Litigation (already discussed at a Special Meeting held earlier this evening at 5:45 p.m.)
Ibanez v. Montclair
McDaniel v. Montclair
Montclair v. SBCTA
Ontario/Montclair v. IEUA
Kresback v. Montclair
Young v. Montclair
City Attorney Robbins requested the City Council meet in closed session to discuss the following matters as listed on the agenda:

1. Pursuant to Gov. Code §54956.9(d)(2) Regarding Potential Litigation (One Potential Case)

4. Pursuant to GC §54957(b) Regarding Public Employee Discipline/ Dismissal/Release

5. 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 — None
D. Mayor/Chair

1. Consider Appointments to Four Scheduled Vacancies on the Community Activities Commission for Four–Year Terms
Ending June 30, 2030
ACTION – Communications
ACTING: City Council
MOTION: Re–Appoint Rosa Rangel and Richard Escalante and Appoint Ernest Miller II and Diana Benevides to
four–year terms on the Community Activities
Commission, ending on June 30, 2030.

MADE BY:

SECOND BY:

Mayor Dutrey
Council Member Ruh
AYES:

NOES:

ABSTAIN:

ABSENT:

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

Council Members/Directors

1. Council Member/Director Lopez encouraged the community to vote and vote by mail for the June 2, 2026 Primary Election.

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

1. Personnel Committee — May 4, 2026
XI. CLOSED SESSION
At 10:37 p.m., the City Council went into closed session to discuss potential litigation, public employee discipline/dismissal/release, and labor negotiations.

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Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – June 1, 2026 Page 12 of 12 XII. CLOSED SESSION ANNOUNCEMENT
At 11:50 p.m., the City Council returned from closed session. Mayor Dutrey announced that information was received and direction was given to staff related to potential litigation, public employee discipline/dismissal/release, and labor negotiations, and no further announcements would be made at this time.

XIII. ADJOURNMENT
At 11:50 p.m., the Successor Agency Board, Montclair Housing Corporation Board, Montclair Housing Authority Commission, and Montclair Community Foundation Board were adjourned.

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

Andrea Myrick,
City Clerk
This meeting was adjourned in memory of Jim Michel,
former City of Montclair Police Department Lieutenant
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APPROVAL
Special Joint City Council and Planning Commission Meeting Minutes – June 3, 2026 Page 1 of 3

MINUTES OF THE SPECIAL JOINT MEETING OF THE
MONTCLAIR CITY COUNCIL AND PLANNING COMMISSION HELD ON MONDAY, JUNE 3, 2026, AT 5:03 P.M. IN THE CITY COUNCIL CHAMBERS, 5111 BENITO STREET,

MONTCLAIR, CALIFORNIA
I. CALL TO ORDER
Mayor Dutrey called the meeting to order at 5:03 p.m.

II. ROLL CALL

Present: Mayor Dutrey; Mayor Pro Tem Martinez; Council Members Ruh, Lopez, and Mendez
Chair Martinez (left at 5:54 p.m.); Vice Chair Sanchez; Commissioners Sahagun, Patel, and Johnson (left at 6:52 p.m.) City Manager/Executive Director Starr; Assistant City Manager/ Director of Human Services Richter; Director of Community Development Diaz; Director of Finance Kulbeck; City Attorney Robbins; City Clerk Myrick
III. COUNCIL WORKSHOP
A. Review of Proposed City of Montclair Commercial Cannabis Compliance Program
Economic Development Agency Director Fuentes provided the City Council with a presentation on the proposed Commercial Cannabis Compliance Program, providing a legislative history beginning with California's Compassionate Use Act and subsequent state cannabis regulations. He reviewed the City's previous efforts in 2018 and 2019 to develop cannabis ordinances and zoning regulations, noting that the City Council elected to delay implementation while the industry matured. He explained that Montclair voters later approved Measure R, establishing a cannabis business tax, and Measure II, which indicated voter support for allowing commercial cannabis businesses in Montclair, in the 2022 General Municipal Election. He outlined the current proposed three–pronged regulatory approach, including business regulations, land–use regulations, and development agreements. Director Fuentes also discussed licensing requirements, security standards, odor–control measures, local hiring provisions, operating standards, enforcement mechanisms, and staff’s recommendation to not impose a numerical cap on cannabis businesses that can operate in the City.

Mark Lovelace, Senior Policy Advisor, HdL, provided guidance regarding cannabis regulations and industry practices. He explained state requirements, zoning buffers, licensing procedures, market conditions, background checks, security standards, and enforcement mechanisms. He discussed the rationale for not imposing a fixed cap on the number of businesses, explaining that zoning restrictions, separation requirements, and market forces would naturally limit the number of viable operators. He also addressed delivery services, noting that state law allows deliveries into cities regardless of whether local storefront dispensaries are permitted. Throughout the discussion, he answered Council and Planning Commission questions regarding setbacks, youth centers, churches, sensitive–use regulations, and illicit cannabis operations.

Planning Commission Chair Martinez questioned whether customers in the City would be able to use services such as Instacart and Uber to pick up and deliver cannabis to them.

Mr. Lovelace advised a licensed cannabis business could not be combined with delivery services but could operate separately.

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Special Joint City Council and Planning Commission Meeting Minutes – June 3, 2026 Page 2 of 3 Commissioner Sanchez requested clarification on whether cannabis would be restricted to residential deliveries only or if deliveries to places of business would also be permitted.

Mr. Lovelace stated cannabis could not be delivered to a public property like a park, but can be delivered to a residence or private business if allowed, like a hotel where an individual could go out to the parking lot to pick up.

Commissioner Johnson inquired whether the City would permit cannabis businesses to function as wellness centers where customers can consume cannabis on-site, and if there would be any design standards for these establishments.

Mr. Lovelace mentioned design standards are not part of the proposed ordinance, but standards could certainly be included; however, based on research, food and drinks are typically not allowed to be sold at these sites.

Mayor Dutrey asked how many other cities are currently using this cannabis regulatory framework.

Mr. Lovelace advised that 47 counties and cities have used the same draft ordinance, which is tailored to each agency’s needs.

Commissioner Krishna asked what measures would be undertaken to address the potential increase in crime.

Mr. Lovelace noted the ordinance incorporates compliance inspections and revenue audits.

Chair Martinez left the joint special meeting at 5:54 p.m.

Mayor Pro Tem Martinez asked if there are order control measures and remote video monitoring during non-business hours.

Mr. Lovelace confirmed that cannabis companies hire private security agencies who monitor cameras 24 hours, as well as implement AI features to alert individuals of different movements happening around the building.

Council Member Mendez questioned whether delivery purchases would be subject to the tax of the city where the business is located, or to the city where the cannabis products are delivered to.

Mr. Lovelace stated the storefront retail gets the majority of the tax, but it’s possible the tax could be split between storefront and delivery destination cities.

Council Member Lopez asked if religious entities that offer youth programs are subject to the distance requirements, requested clarification on sign limitations, and spoke in opposition to cannabis delivery services delivering to Montclair.

Mr. Lovelace advised that the proposed ordinance is a working document and could consider including religious buildings as part of the distance requirements, and noted business signs could be advertised after business hours, which could include regulations on the design standards of signs.

Council Member Ruh asked if a youth centers operated by churches and at–home day cares would be subject to the distance requirements, preferring a 1,000 foot separation versus 600 feet.

Mr. Lovelace noted the market–based approach is already very limited, including additional separations and requirements will limit the products allowed to be sold.

Commissioner Johnson left the meeting at 6:52 p.m.

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Special Joint City Council and Planning Commission Meeting Minutes – June 3, 2026 Page 3 of 3 Mayor Dutrey called for a short recess at 6:52 p.m.

The meeting was reconvened at 7:02 p.m.

Jennifer Missere, Special Legal Counsel, Best Best, & Kreiger (BB&K), presented the proposed development agreement framework that would supplement the ordinance. She explained that the ordinance would establish minimum operating requirements while development agreements would provide additional negotiated safeguards and remedies for the City. She reviewed provisions regarding indemnification, signage, age restrictions, odor control, loitering prevention, licensing display requirements, operational compliance, and enforcement mechanisms. She emphasized the importance of odor control standards and maintaining quality–of–life protections for residents and neighboring businesses.

At 8:05 p.m., Mayor Dutrey called for a short recess.

The meeting was reconvened at 8:17 p.m.

IV. PUBLIC COMMENT
• Jasmine Barahona acknowledged the City’s concerns about schools, churches, parks, and children, emphasizing that cannabis businesses should collaborate with the City to operate safely and respectfully; highlighting that the industry has created jobs, educational opportunities, and promotes
understanding of cannabinoids beyond THC. Inspired by her mother's breast cancer journey, she shared how learning about medicinal cannabis changed her perspective and believes education can reduce stigma. With experience working with cannabis companies in other cities, she understands the importance of a well-regulated licensing process. She expressed a desire to contribute to Montclair through charitable efforts like school supply drives, youth sports sponsorships, and
community events. She concluded by emphasizing that
cannabis has legitimate medical uses and thanked the Council for the opportunity to speak.
• Bill Kaufman acknowledged the need for regulation; he believes cannabis businesses are now overregulated, facing high
compliance costs and taxes. and urged the city to prioritize the long–term viability of licensed operators.

Marco Martinez, Special Legal Counsel, BB&K, discussed the land– use ordinance and zoning component of the program. He explained that the proposed zoning regulations were intentionally derived from the business ordinance and that the land–use ordinance was designed to identify where cannabis uses could be located after applying all separation and zoning requirements. He encouraged Council and Planning Commissioners to focus on broader policy considerations rather than specific map colors or individual parcels during the workshop. He suggested that concerns regarding definitions, distance requirements, or sensitive uses be directed back to staff for further analysis and adjustments to the draft ordinance.

V. ADJOURNMENT
At 8:28 p.m., Mayor Dutrey adjourned the joint special meeting of the City Council and Planning Commission.

Submitted for City Council approval,

Andrea Myrick,
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 09/08/2026 Page 115 of 115

Montclair City CouncilSeptember 8, 2026

Montclair City Council
September 8, 2026