CITY OF MONTCLAIR
CITY COUNCIL
SUCCESSOR REDEVELOPMENT AGENCY,
MONTCLAIR HOUSING CORPORATION, MONTCLAIR
HOUSING AUTHORITY, AND MONTCLAIR COMMUNITY
FOUNDATION MEETINGS
AGENDA PACKET
Monday, April 21, 2025
7:00 p.m.
Montclair City Council Chambers
5111 Benito Street
Montclair, CA 91763
Mayor
Javier “John” Dutrey
Mayor Pro Tem
Corysa Martinez
Council Members
Bill Ruh
Benjamin “Ben” Lopez
Xavier Mendez
City Manager
Edward C. Starr
City Attorney
Diane E. Robbins
City Clerk
Andrea M. Myrick
REGULAR JOINT MEETING OF THE
CITY COUNCIL, SUCCESSOR AGENCY, MONTCLAIR HOUSING CORPORATION,
MONTCLAIR HOUSING AUTHORITY, AND MONTCLAIR COMMUNITY FOUNDATION to be held in the Council Chambers
5111 Benito Street, Montclair, California
Monday, April 21, 2025
7:00 p.m.
If you want to provide comments on an agenda item, including public hearing and closed session items, please complete a Speaker Card located in the Council Chambers. The Mayor/Chair (or the meeting’s Presiding Officer) will call on those who submitted requests to speak at the appropriate times during the meeting. Written comments (200–word limit per agenda item, and 200–word limit for all non–agenda items combined) can also be emailed to [email protected] at least one hour before the meeting begins.
Watch Council meetings live on the City’s official YouTube Channel at https://www.youtube.com/cityofmontclair, or via Zoom using the following information: Zoom Link: https://zoom.us/j/93717150550 / Dial Number: 1 (669) 900–6833 / Meeting ID: 937–1715–0550.
Video recordings of Council meetings are available on the City’s website and can be accessed by the end of the business day following the meeting 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. Community Activities Commission Presentation of 2025 Volunteer Recognition Awards
B. Introduction of New Police Department Employees
VI. PUBLIC COMMENT
During Public Comment, you may comment on any subject that does not appear on this agenda. Each speaker has up to five minutes. The meeting’s presiding officer may provide more or less time to accommodate speakers with special needs or a large number of speakers waiting in line. (Government Code Section 54954.3).
Under the provisions of the Brown Act, the meeting bodies are prohibited from participating in substantial discussion of or taking action on items not listed on the agenda.
VII. PUBLIC HEARINGS — None Page No.
VIII. CONSENT CALENDAR
A. Approval of Minutes
1. Adjourned Meeting — April 7, 2025 [CC] 59
2. Regular Joint Meeting — April 7, 2025 [CC/SA/MHC/MHA/MCF] 60
XXXXXXXXXXXXX
MONTCLAIR CITY COUNCIL MEETING – 04/21/2025 Page 1 of 64 Page No.
B. Administrative Reports
1. Consider Receiving and Filing of Treasurer’s Report [CC] 4
2. Consider Approval of Warrant Register & Payroll Documentation [CC] 5
3. Consider Receiving and Filing of Treasurer’s Report [SA] 6
4. Consider Approval of Warrant Register [SA] 7
5. Consider Receiving and Filing of Treasurer’s Report [MHC] 8
6. Consider Approval of Warrant Register [MHC] 9
7. Consider Receiving and Filing of Treasurer’s Report [MHA] 10
8. Consider Approval of Warrant Register [MHA] 11
C. Agreements
1. Consider Approval of Agreement No. 25–17 with Ontario–Montclair School District to Extend the Term of the Montclair After–School Program for the 2025–2026 and 2026–2027 School Years [CC] 12
2. Consider Approval of Agreement No. 25–18 with Set Free Church Pomona Valley for the Lease of a City–Owned Property, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] 14
D. Resolutions
1. Consider Accepting a Written Petition from the Owners of the Alexan Kendry Expansion Project Requesting Formation of a Community Facilities District (CFD) [CC]
Consider Adoption of Resolution No. 25–3478 Declaring the City’s Intent to Form CFD No. 2025–2 (Alexan Kendry Expansion), Setting a Public Hearing for the Establishment of CFD No. 2025-2 on June 2, 2025, at 7:00 p.m. in the City Council Chambers, and Taking Other Actions Related Thereto [CC]
Consider Approving the Boundary Map of Proposed CFD No. 2025–2 [CC] 35 IX. PULLED CONSENT CALENDAR ITEMS
X. COUNCIL WORKSHOP
A. Proposed Ordinance Regulating Parking of Oversized Vehicles on Public Streets (The City Council may consider continuing this item to an adjourned meeting on Monday, May 5, 2025, at 5:45 p.m. in the City Council Chambers)
XI. COMMUNICATIONS
A. Department Reports
B. City Attorney
1. Request for City Council to Meet in Closed Session Pursuant to Government Code §54956.9(d)(4) Regarding Potential Litigation [CC] One Potential Case
MONTCLAIR CITY COUNCIL MEETING – 04/21/2025 Page 2 of 64 Page No.
C. City Manager/Executive Director
D. Mayor Pro Tem/Vice Chairperson
1. Announcement of Two Vacancies on Planning Commission for Four–Year Terms from July 1, 2025, to June 30, 2029
E. Council Members/Directors
F. Committee Meeting Minutes (for informational purposes only)
1. Public Works Committee Meeting — November 21, 2024 54
2. Personnel Committee Meeting — April 7, 2025 58
XII. CLOSED SESSION
XIII. CLOSED SESSION ANNOUNCEMENTS
XIV. ADJOURNMENT
The next regular joint meeting of the City Council, Successor Agency Board, Montclair Housing Corporation Board, Montclair Housing Authority Commission, and Montclair Community Foundation Board will be held on Monday, May 5, 2025 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. 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) 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, April 17, 2025.
MONTCLAIR CITY COUNCIL MEETING – 04/21/2025 Page 3 of 64
CITY COUNCIL
AGENDA REPORT
DATE: APRIL 21, 2025
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 1
FILE I.D.: FIN520
DEPT.: FINANCE
PREPARER: J. KULBECK
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The City Council is requested to consider receiving and filing the City of Montclair Treasurer's Report for the month ending March 31, 2025.
BACKGROUND: Included in the City Council’s agenda packet is a copy of the Treasurer's Report for the period ending March 31, 2025.
FISCAL IMPACT: Routine—report of City's cash and investments.
RECOMMENDATION: Staff recommends the City Council receive and file the Treasurer's Report for the month ending March 31, 2025.
MONTCLAIR CITY COUNCIL MEETING – 04/21/2025 Page 4 of 64
CITY COUNCIL
AGENDA REPORT
DATE: APRIL 21, 2025
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 2
FILE I.D.: FIN540
DEPT.: FINANCE
PREPARER: A. VONG/V. FLORES
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTER AND PAYROLL DOCUMENTATION REASON FOR CONSIDERATION: The City Council is requested to consider approval of the Warrant Register and Payroll Documentation.
BACKGROUND: Mayor Pro Tem Martinez has examined the Warrant Register dated April 21, 2025; and the Payroll Documentation dated March 23, 2025, and recommends their approval.
FISCAL IMPACT: The Warrant Register dated April 21, 2025, totals $1,889,141.79.
The Payroll Documentation dated March 23, 2025, totals $867,600.33 gross, with $611,760.47 net being the total cash disbursement.
RECOMMENDATION: Staff recommends the City Council approve the above–referenced Warrant Registers and Payroll Documentation.
MONTCLAIR CITY COUNCIL MEETING – 04/21/2025 Page 5 of 64
CITY COUNCIL
AGENDA REPORT
DATE: APRIL 21, 2025
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 3
FILE I.D.: FIN510
DEPT.: SA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The City Council acting as Successor to the Redevelopment Agency Board of Directors (Successor Agency Board) is requested to consider receiving and filing the Successor to the Redevelopment Agency Treasurer's Report for the month ending March 31, 2025, pursuant to state law.
BACKGROUND: Included in the Successor Agency Board’s agenda packet is a copy of the Successor to the Redevelopment Agency Treasurer's Report for the period ending March 31, 2025.
FISCAL IMPACT: Routine—report of the Successor Agency's cash.
RECOMMENDATION: Staff recommends the Successor Agency Board receive and file the Successor to the Redevelopment Agency Treasurer's Report for the month ending March 31, 2025.
MONTCLAIR CITY COUNCIL MEETING – 04/21/2025 Page 6 of 64
CITY COUNCIL
AGENDA REPORT
DATE: APRIL 21, 2025
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 4
FILE I.D.: FIN530
DEPT.: SA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTER
REASON FOR CONSIDERATION: The City Council acting as Successor to the Redevelopment Agency Board of Directors is requested to consider receiving and filing the Successor to the Redevelopment Agency Warrant Register for the month ending March 31, 2025, pursuant to state law.
BACKGROUND: Vice Chair Martinez has examined the Successor to the Redevelopment Agency Warrant Register dated 03.01.25-03.31.25 in the amounts of $4,968.28 for the Combined Operating Fund and $0.00 for the Redevelopment Obligation Retirement Funds, and finds it to be in order.
FISCAL IMPACT: Routine—report of Agency's obligations.
RECOMMENDATION: Vice Chair Martinez recommends the City Council as Successor to the Redevelopment Agency Board of Directors approve the Successor to the Redevelopment Agency Warrant Register for the period ending March 31, 2025.
MONTCLAIR CITY COUNCIL MEETING – 04/21/2025 Page 7 of 64
CITY COUNCIL
AGENDA REPORT
DATE: APRIL 21, 2025
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 5
FILE I.D.: FIN525
DEPT.: MHC
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The Montclair Housing Corporation Board of Directors is requested to receive and file the Montclair Housing Corporation Treasurer's Report for the month ending March 31, 2025, pursuant to state law.
BACKGROUND: Included in the Montclair Housing Corporation Board agenda packet is a copy of the Treasurer's Report for the period ending March 31, 2025.
FISCAL IMPACT: Routine—report of the Montclair Housing Corporation's cash and investments.
RECOMMENDATION: Staff recommends the Montclair Housing Corporation Board of Directors receive and file the Treasurer's Report for the month ending March 31, 2025.
MONTCLAIR CITY COUNCIL MEETING – 04/21/2025 Page 8 of 64
CITY COUNCIL
AGENDA REPORT
DATE: APRIL 21, 2025
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 6
FILE I.D.: FIN545
DEPT.: MHC
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTER
REASON FOR CONSIDERATION: The Montclair Housing Corporation Board of Directors is requested to consider receiving and filing the Warrant Register for the month ending March 31, 2025, pursuant to state law.
BACKGROUND: Vice Chair Martinez has examined the Warrant Register dated 03.01.25–
03.31.25 in the amount of $48,813.62 for the Montclair Housing Corporation and finds it to be in order.
FISCAL IMPACT: Routine—report of Montclair Housing Corporation's obligations.
RECOMMENDATION: Vice Chair Martinez recommends the Montclair Housing Corporation Board of Directors approve the Warrant Register for the period ending March 31, 2025.
MONTCLAIR CITY COUNCIL MEETING – 04/21/2025 Page 9 of 64
CITY COUNCIL
AGENDA REPORT
DATE: APRIL 21, 2025
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 7
FILE I.D.: FIN525
DEPT.: MHA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The Montclair Housing Authority Commission is requested to receive and file the Montclair Housing Authority Treasurer's Report for the month ending March 31, 2025, pursuant to state law.
BACKGROUND: Included in the Montclair Housing Authority Commission’s agenda packet is a copy of the Treasurer's Report for the period ending March 31, 2025.
FISCAL IMPACT: Routine—report of Montclair Housing Authority's obligations.
RECOMMENDATION: Staff recommends the Montclair Housing Authority Commission receive and file the Treasurer's Report for the month ending March 31, 2025.
MONTCLAIR CITY COUNCIL MEETING – 04/21/2025 Page 10 of 64
CITY COUNCIL
AGENDA REPORT
DATE: APRIL 21, 2025
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 8
FILE I.D.: FIN545
DEPT.: MHA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTER
REASON FOR CONSIDERATION: The Montclair Housing Authority Commission is requested to consider receiving and filing the Warrant Register for the month ending March 31, 2025, pursuant to state law.
BACKGROUND: Vice Chair Martinez has examined the Warrant Register dated 03.01.25–
03.31.25 in the amount of $0.00 for the Montclair Housing Authority and finds it to be in order.
FISCAL IMPACT: Routine—report of Montclair Housing Authority's obligations.
RECOMMENDATION: Vice Chair Martinez recommends the Montclair Housing Authority Commission approve the Warrant Register for the period ending March 31, 2025.
MONTCLAIR CITY COUNCIL MEETING – 04/21/2025 Page 11 of 64
CITY COUNCIL
AGENDA REPORT
DATE: APRIL 21, 2025
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 1
FILE I.D.: HSV030
DEPT.: HUMAN SVCS.
PREPARER: A. SAHAGUN/A. COLUNGA
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 25–17 WITH ONTARIO–MONTCLAIR SCHOOL DISTRICT TO EXTEND THE TERM OF THE MONTCLAIR AFTER–SCHOOL PROGRAM FOR THE 2025–2026 AND 2026–2027 SCHOOL YEARS
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 25–17, Amendment No. 1 to Agreement No. 24–29 with Ontario– Montclair School District (OMSD) to extend the term of the Montclair After–school Program at various sites for the 2025–2026 and 2026–2027 school years.
BACKGROUND: The Human Services Department has delivered after–school programs within OMSD schools since 1999. Funding for this program originates from the California Department of Education, through grants made available to local education authorities, such as OMSD. The purpose of the funding is to provide communities with enhanced community–based after–school services in an effort to strengthen healthy child development.
OMSD opened competitve bidding through a Request for Proposals in the Spring of 2024.
The City submitted a proposal and was awarded seven school sites for the 2024–2025 school year with OMSD’s option to extend the contract for the following two school years.
On May 6, 2024, City Council approved Agreement No. 24–29 to provide the Montclair After–school program for the 2024–2025 school year at the following seven school sites:
Buena Vista, Elderberry, Kingsley, Lehigh, Monte Vista, and Ramona Elementaries, and Vernon Middle School. OMSD provided funding at $15.00 per Transitional Kinder/Kindergarten (TK/K) student per day and $13.50 per first– through eighth–grade student per day to fund personnel, training, supplies, and grant oversight.
Agreement No. 25–17, Amendment No. 1 to Agreement No. 24–29, will extend the term of Montclair After–school Program services at the aforementioned school sites for the 2025–2026 and 2026–2027 school year at an 8.5 percent price increase for each school year.
FISCAL IMPACT: Should the City Council approve Agreement No. 25–17, OMSD will provide a Per Student Daily Rate at $16.28 per TK/K student and $14.65 per first to eighth grade student during the 2025–2026 school year, and a Per Student Daily Rate at $17.66 per TK/K student and $15.90 per first– through eighth–grade student during the 2026–2027 school year. The City will provide services under the originally agreed–upon terms for an estimated yearly cost not to exceed $3,690,000 for the 2025–2026 school year, and $4,002,565 for the 2026–2027 school year. The extended term of the contract is July 1, 2024, through June 30, 2027.
RECOMMENDATION: Staff recommends the City Council approve Agreement No. 25–17 with OMSD to extend the term of the Montclair After–school Program for the 2025–2026 and 2026–2027 school years.
MONTCLAIR CITY COUNCIL MEETING – 04/21/2025 Page 12 of 64
ONTARIO-MONTCLAIR SCHOOL DISTRICT
Ontario, California
AMENDMENT TO CONSULTANT SERVICES
Contract #: ____________ Amendment: ___ Original Start Date _______________ Original End Date _________________ Contract __________________ is herewith amended between the Ontario-Montclair School District and _______________________________________as authorized by the Terms and Conditions of the original Agreement except for:
AMENDMENT TO TERM
RQO\ WREHILOOHGRXWLIWKHRULJLQDO GDWHRIDJUHHPHQWLVFKDQJLQJ :
Start Date: __________________________ End Date: ___________________ AMENDMENT TO SERVICES:
_____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ ____________________________________________________________________________ AMENDMENT TO COMPENSATION:
DISTRICT agrees to compensate CONSULTANT in the following manner:
_____________________________________________________________________________ _____________________________________________________________________________ ____________________________________________________________________________ In witness whereof, the parties hereto have caused this Agreement to be executed on Date of Board Meeting:
DISTRICT CONSULTANT
Signature Signature
Phil Hillman
Printed Name Printed Name
Chief Business Official
Title Title
Ontario-Montclair School District
950 West D Street Ontario, CA 91762 Address
(909) 459-2500
Telephone Number
Approved by Board of Trustees:
Contract Number
Consultant Name
C M
REQUIRED IF EXTENDING TERM
OMSD Amendment to Consultant Services
-234-460B 1 7/1/2024 06/30/2025
C-234-460B
City of Montclair
6/30/2027
Corysa Martinez
Mayor Pro Tem
5111 Benito St. Montclair CA 91763
(909) 625-9479
City of Montclair will continue to provide services under amended terms under the contract extension clause.
During the 2025/26 school year, the Per Student Daily Rate will be $16.28 for TK/K Gap Time, $16.28 for TK/K After School, and $14.65 for Grades 1 - 8.
During the 2026/27 school year, the Per Student Daily Rate will be $17.66 for TK/K Gap Time, $17.66 for TK/K After School, and $15.90 for Grades 1 - 8.
City of Montclair will provide additional services under the originally agreed upon terms for an estimated yearly cost not to exceed $3,690,000 for the 2025/26 school year and $4,002,565 for the 2026/27 school year.
Agreement No. 25-17
Amendment 1 to
Agreement No. 24-29
MONTCLAIR CITY COUNCIL MEETING – 04/21/2025 Page 13 of 64
CITY COUNCIL
AGENDA REPORT
DATE: APRIL 21, 2025
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 2
FILE I.D.: EQS100/CHR100
DEPT.: ECONOMIC DEV.
PREPARER: M. FUENTES
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 25–18 WITH SET FREE CHURCH POMONA VALLEY FOR THE LEASE OF A CITY–OWNED PROPERTY, SUBJECT TO ANY REVISIONS
DEEMED NECESSARY BY THE CITY ATTORNEY
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 25–18 with Set Free Church Pomona Valley for the lease of a City–owned property at 4985 Richton Street to serve as the expanded professional and administrative offices of Set Free Ministries.
A copy of proposed Agreement No. 25–18 is attached for the City Council’s review and consideration.
BACKGROUND: On July 15, 2024, the Montclair City Council approved Agreement No. 24–60 with Set Free Church Pomona Valley (operating as Set Free Ministries) for the lease of a City–owned property at 9661 Central Avenue to serve as the Church’s professional and administrative offices.
Since approval of Agreement No. 24–60, Set Free Church Pomona Valley has significantly expanded its scope of homeless outreach services and the number of homeless individuals being served. As such, Set Free Church Pomona Valley reached out to City staff to see if there was an opportunity to locate an additional office in the City of Montclair to better serve the needs of the homeless community and to house their food distribution services.
Staff evaluated several other properties owned by the City that would be able to house additional offices for Set Free Church Pomona Valley, and identified the Kid’s Station at the Montclair Transcenter as a suitable location.
Proposed Agreement No. 25–18 would be a lease agreement between the City of Montclair and Set Free Church Pomona Valley for the lease of a City–owned property, 4985 Richton Street, to serve as the expanded professional and administrative offices of Set Free Ministries.
The more salient terms of Proposed Agreement No. 25–18 include the following:
The term of the lease shall be for one year, with the option to extend the lease for four additional successive one–year terms under terms that are mutually satisfactory to both the City of Montclair and Set Free Church Pomona Valley. Set Free Church Pomona Valley shall pay $56,000 rent per year to the City of Montclair for use of the property.
Set Free Church Pomona Valley may be charged a discounted rent of $1.00 per year if it elects to provide designated services for the City of Montclair. The discounted rent, if elected, would be applicable for any year, or portion thereof, during which Set Free Church Pomona Valley conducts the designated services for the City of Montclair.
MONTCLAIR CITY COUNCIL MEETING – 04/21/2025 Page 14 of 64 Designated Services that would allow Set Free Church Pomona Valley to request a rent reduction include:
Accompanying the City’s Special Operations Unit on Homeless Outreach Detail a minimum of twenty–five (25) hours per week as well as respond to special requests/calls for service from the Special Operations Unit regarding homeless individuals and/or families in need of assistance;
Provide a minimum of twenty–five (25) hours per week of Homeless Outreach Detail at and around the Montclair Transportation Center; and Provide for general maintenance of the Montclair Transportation Center including providing sweeping of platform waiting areas and walkways around Montclair Transportation Center, tending to basic landscaping needs such as litter removal and weeding, and graffiti abatement on an as–needed basis. Set Free Church Pomona Valley agrees to use the property only for administrative and professional office space in relation to homeless outreach services which may include, but not be limited to, providing resources and services related to housing, employment, healthcare, and mental health services for the at–large homeless population.
Set Free Church Pomona Valley / Set Free Ministries
Set Free Church Pomona Valley, operating as Set Free Ministries, is a faith–based organization dedicated to helping those in need within the Inland Empire. In 1993, Pastors Willie and Marsha Dalgity started their congregation Set Free Ministries in Yucaipa, California, with a focus on helping those struggling with addiction, poverty, and homelessness.
Since then, Set Free Ministries has established several local chapters across the Inland Empire that offer various services including housing, meals, addition recover programs, case management, job training, transportation services and other resources aimed at addressing the root causes of poverty and homeless.
Set Free Ministries has partnered with various agencies, including the City of Montclair, to connect individuals in need with the most appropriate resources and has worked with law enforcement, healthcare providers, mental health providers, elderly care facilities, as well as other cities across the region to address addiction, poverty, and homelessness.
FISCAL IMPACT: The City Council’s approval of proposed Agreement No. 25–18 would allow Set Free Church Pomona Valley to lease the City–owned property located at 4985 Richton Street to serve as the expanded professional and administrative offices of Set Free Ministries, with a lease payment of $56,000 annually unless it elects to apply for a discounted rent under the terms of providing certain services, which would reduce the lease amount to $1.00 annually.
The City of Montclair would continue to be responsible for all maintenance of the property including utility costs.
RECOMMENDATION: Staff recommends the City Council approve Agreement No. 25–18 with Set Free Church Pomona Valley for the lease of a City–owned property, subject to any revisions deemed necessary by the City Attorney.
MONTCLAIR CITY COUNCIL MEETING – 04/21/2025 Page 15 of 64 Agreement No. 25-18
CITY OF MONTCLAIR
LEASE AGREEMENT
This City of Montclair Lease Agreement ("Lease"), is made and entered into as of July 1, 2025 (the “Commencement Date”), by and between the City of Montclair, a California Municipal Corporation, with its principal place of business located at 5111 Benito Street, Montclair, California, 91763 ("Landlord" or “City”), and Set Free Church Pomona Valley, a 501(c)(3) non–profit corporation, with its principal place of business located at 9661 Central Avenue, Montclair, California, 91763 ("Tenant"). Landlord and Tenant are each sometimes referred to herein individually as a "Party," and collectively as the "Parties."
RECITALS
This Lease is made with reference to the following facts:
A. Landlord is the owner of that certain real property consisting of an approximately 2,800 square foot single–story building that is located at 4985 Richton Street, Montclair, California, 91763 including fixtures and furniture therein, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference ("Property"). Except as expressly provided to the contrary in this Lease, reference to the Property is to the described land, together with all fixtures, furniture and improvements.
B. Landlord desires to lease the Property to Tenant and Tenant desires to lease the Property from Landlord, as more particularly described in Exhibit "B" attached hereto and incorporated herein by this reference ("Leased Space") on the terms and conditions set forth in this Lease.
C. Landlord's entry into this Lease will benefit the health, safety, and welfare of the City because Tenant's business operations at the Property will provide for a centralized location for those individuals who are homeless to have access to services including but not limited to street outreach, case management, education and life training skills, shelter and housing referrals, employment assistance, legal aid, and advocacy work.
D. Landlord's entry into this Lease will also help the City Council of the City (the “City Council”) achieve its goals of systematically addressing homelessness and access to services sought out by individuals who are homeless due to mental illness, substance use disorder, disability, or other barriers. All of these goals are intended to improve the health, safety, and welfare of the community and to help address homelessness in the community.
MONTCLAIR CITY COUNCIL MEETING – 04/21/2025 Page 16 of 64 Agreement No. 25-18
LEASE
NOW, THEREFORE, in consideration of the above recited facts, the mutual covenants set forth in this Lease and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:
1. INCORPORATION OF RECITALS
The foregoing recited facts are true and correct and are incorporated into this Lease by this reference, as if restated in full.
2. LEASE
For and in consideration of the Rent (as defined below), and the conditions, covenants and agreements set forth in this Lease, Landlord leases to Tenant, and Tenant leases from Landlord, the Leased Space on the terms and conditions set forth in this Lease.
3. TERM
3.1 Term of the Lease. Unless earlier terminated or extended, the term of this Lease ("Term") shall be one (1) year commencing on the Commencement Date and expiring on June 30, 2026 ("Expiration Date"). If Tenant fails to vacate the Leased Space on the Expiration Date, or whatever later date is agreed to upon Tenant's exercise of the Option (defined in Section 3.2 below), or within the required time frame after this Lease is earlier terminated by Tenant, without Landlord's written consent, Tenant's holdover tenancy shall be a month–to–month tenancy, for a rental amount equal to the fair market rent for the Lease Space as determined by an appraiser to be designated by City, on all other terms and conditions of this Lease, until either Party terminates Tenant's holdover tenancy.
3.2 Option to Extend. If Tenant is not in default under this Lease at the Expiration Date, and the Lease has not been earlier terminated, Tenant shall have the option to request that Landlord extend this Lease for up to four (4) additional, successive one (1)–year terms under terms that are mutually satisfactory to both Parties ("Option"). If Tenant wishes to exercise this Option, Tenant shall, as to each option to extend by one year, not less than ninety (90) days prior to the Expiration Date of this Lease, provide Landlord with a written 90–day notice of Tenant's interest in negotiating the terms for extension of this Lease. Landlord shall have the right to grant or deny Tenant's request in its sole discretion.
4. RENT
4.1 Rent. Tenant and Landlord agree that the market rent for the use of the Property is Fifty Six Thousand Sixty Dollars ($56,000.00) per year (“Market Rate”).
In view of the restricted uses permitted under this Lease and the agreement of Tenant to provide the “Designated Services” (as set forth in Exhibit C hereto), Landlord is prepared to charge a discounted rent of One Dollar ($1.00) per year (“Discounted Rent”). The Discounted Rent shall be applicable for any year, or portion thereof, during which the Tenant conducts the Designated Services on the Property and otherwise MONTCLAIR CITY COUNCIL MEETING – 04/21/2025 Page 17 of 64 Agreement No. 25-18
acts in compliance with this Lease; for any periods (including portions of any year) in which Tenant fails to conduct the Designated Services on the Property or during which Tenant is not in compliance with this Lease, Tenant shall be obligated to pay as rent the Market Rent. The applicable rent as determined in conformity with the preceding portion of this Section 4.1 constitutes the “Rent”.
4.2 Dishonored Check. In the event that any check or other instrument of payment given by Tenant to Landlord is dishonored for any reason, Landlord may charge a fee of twenty–five dollars ($25.00) for each such check or other instrument that is dishonored.
5. DESIGNATED SERVICES
5.1 Designated Services. In lieu of a portion of the Rent, Tenant may elect to perform certain services for Landlord (“Designated Services”). The specific services, frequency of services, and corresponding rent reduction are more particularly described in Exhibit "C" attached hereto and incorporated herein by this reference.
5.2 Designated Services Qualifications. Tenant must be qualified and possess the necessary skills to perform the Designated Services safely and effectively. Landlord reserves the right to approve or deny Tenant's request to perform Designated Services based on qualifications and experience.
5.3 Performance of Designated Services. Tenant agrees to perform the Designated Services in a professional and timely manner, in accordance with the standards outlined in Exhibit “C”. Tenant shall be responsible for providing all necessary tools and materials to perform the Designated Services, unless otherwise agreed upon in writing by Landlord. Landlord reserves the right to inspect the work performed by Tenant as part of the Designated Services.
5.4 Termination of Designated Services. Landlord may terminate Tenant's ability to perform Designated Services for repeated failure to perform the services satisfactorily or for any breach of this Agreement. Tenant may discontinue performing Designated Services with thirty (30) days written notice to Landlord.
6. USE OF THE PROPERTY
6.1 Use of the Property. Tenant shall have the right and Tenant covenants and agrees to use the Property only for professional office and homeless outreach services which may include, but are not limited to providing recourses and services related to housing, employment, healthcare, and mental health services, and for no other purposes, without the express, prior written approval of Landlord. Tenant shall not occupy or use, or permit all or any part of the Property required to be occupied or used, for any unlawful or illegal business, use or purpose, nor for any business, use or purpose that is disreputable or extra–hazardous. Tenant shall immediately upon discovery of any such unlawful, illegal, disreputable or extra–hazardous use, take all necessary steps, legal and equitable, to compel the discontinuance of such use and immediately remove occupants or other persons guilty of such unlawful, illegal, disreputable or extra–hazardous use from the Property.
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6.2 Parking. Tenant shall be provided with designated parking spots on the Property. The designated parking space shall be deemed to constitute part of the Leased Space for purposes of this Lease.
6.3 Management of the Property. The Property shall be managed or caused to be managed by the Landlord, excepting that Tenant shall be responsible for maintenance and the conduct of operations on the Leased Space.
6.4 Waste and Nuisance. Tenant shall not commit or allow any waste on or about the Property, nor commit, allow or maintain any public or private nuisance on or about the Property, or impairment of the Property, or any part thereof.
6.5 Compliance with Laws, Rules, Regulations. Tenant shall at all times comply with all requirements of local, state and federal laws, rules, orders and regulations now in force or which may be in force and such rules as may be established from time to time by Landlord in relation to the Leased Space ("Regulations") at any time during the Term. As part of complying with the Regulations, Tenant shall obtain, at Tenant's sole cost and expense, all licenses, permits and approvals that the Regulations require for the use or operation of the Property. Tenant shall maintain all required licenses, permits and approvals throughout the Term of this Lease
6.6 Obligation to Refrain from Discrimination. Tenant shall not discriminate against any person, or group of persons, on account of sex, marital status, race, color, creed, religion, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property.
6.7 Condition of Property. Tenant acknowledges that it intends to and will occupy the Property on the Effective Date in it’s AS–IS condition, as of the Effective Date.
Tenant acknowledges and agrees that Landlord has made absolutely no representations, guarantees or warranties regarding the Property, nor has Landlord made representations, guarantees or warranties regarding whether the Property and Improvements (as defined in Section 9.1) comply with applicable covenants and restrictions of record, building codes, ordinances or statutes in effect on the Effective Date.
6.8 Assumption of Risk, Waiver, and Landlord's Non–liability. To the maximum extent allowed by law, except for Landlord's willful misconduct or grossly negligent acts, Tenant assumes any and all risk of loss, damage or injury of any kind to any person or property that is on or about the Property. Tenant's assumption of risk shall include, without limitation, loss or damage caused by defects within the Property or any Improvements (as defined in Section 9.1), accident, fire or other casualty on or about the Property. To the maximum extent allowed by law, except for Landlord's willful misconduct or grossly negligent acts, Tenant hereby waives all claims and demands against Landlord, its elected officials, officers, employees, volunteers, consultants and agents for injury to persons, damage to property or any other interest of Tenant sustained by Tenant or any other person claiming through Tenant and resulting from any occurrence on or about the Property.
Tenant has been advised by its legal counsel concerning the content and effect of California Civil Code Section 1542, which provides:
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A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
In reference to the waivers set forth in this Section, Tenant hereby waives the benefits of Civil Code Section 1542 and all other state or federal statutes, legal principles, or judicial decisions of the same or similar effect. The provisions of this Section shall survive the expiration or termination of this Lease.
6.9 Hazardous Materials Prohibited. The use, generation, storage or disposal of "Hazardous Materials" (defined below) on the Property is strictly prohibited, and any such use, generation, storage, or disposal shall result in a default and termination of this Lease. For the purpose of this section, "Hazardous Materials" means substances defined as "hazardous substances," "hazardous materials," "toxic substances," "hazardous wastes," "extremely hazardous wastes," or "restricted hazardous wastes," or stated to be known to cause cancer or reproductive toxicity, under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. sections 9601, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. sections 1801, et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. sections 6901, et seq.; the Federal Water Pollution Control Act, 33 U.S.C. sections 1317, et seq.; sections 25115, 25117, 25122.7, 25140, 25249.5, 25249.8, 25281, 25316 or 25501 of the California Health & Safety Code; or any substance so defined or stated in any of the regulations adopted and publications promulgated pursuant to said laws as they may be amended from time to time.
6.10 Taxable Possessory Interests. If the County of San Bernardino determines that this Lease creates a taxable possessory interest pursuant to Revenue Taxation Code Section 107, Tenant shall be solely responsible for the payment of property taxes (with respect to such possessory interest).
6.11 Quiet Enjoyment. The Parties hereto mutually covenant and agree that Tenant, by keeping and performing the covenants herein contained, shall at all times during the Term of this Lease peaceably and quietly have, hold and enjoy the Leased Space.
7. RIGHTS OF ACCESS; PUBLIC IMPROVEMENTS AND FACILITIES Landlord at its sole risk and expense, reserves the right to enter or authorize its agents to enter the Property or any part thereof at all reasonable times and with as little interference as possible, for the purposes of construction, reconstruction, maintenance, repair or service of any public improvements or public facilities located on the Property. Any such entry shall be made only after reasonable notice to Tenant, and Landlord or such other agent shall indemnify, defend and hold Tenant harmless from any claims or liabilities by their respective agents that arise out of Landlord's entrance on the Property and not caused by Tenant's sole willful misconduct or gross negligence. Landlord and such other agent shall make all reasonable efforts to keep any inconvenience, annoyance, disturbance or loss of business to a minimum. Ninety (90) days prior to the end of the Term of this Lease, Landlord shall have the right to show the Property to prospective lessees in its discretion.
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8. UTILITIES, LIENS AND OTHER CHARGES
8.1 Utilities. Landlord agrees to pay or cause to be paid, as and when they become due and payable, all charges for water, gas, light, heat, telephone, electricity and other utility and communication services rendered or used on or about the Property at all times during the Term of this Lease.
8.2 Other Liens. Tenant shall not, directly or indirectly, create or permit to be created or to remain, and will promptly discharge, at its expense, any mortgage, lien, encumbrance or charge on or pledge of the Property or any part thereof, or Tenant's interest therein, or the rent, additional rent or other sums payable by Tenant under this Lease. Tenant shall notify Landlord promptly of any lien or encumbrance which has been created on or attached to the Property, or to Tenant's leasehold estate therein, whether by act of Tenant or otherwise. The existence of any mechanic's, laborer's, materialmen's, supplier's or vendor's lien, or any right in respect thereof, shall not constitute a violation of this Section if payment is not yet due upon the contract or for the goods or services in respect of which any such lien has arisen.
9. OWNERSHIP OF AND RESPONSIBILITY FOR IMPROVEMENTS
9.1 Ownership during Term and at Termination. All improvements on the Property, whether existing thereon at the Commencement Date or constructed or installed by Tenant or Landlord as permitted or required by this Lease ("Improvements"), shall, during the Term of this Lease, be and remain the property of Landlord. Tenant shall have no right at any time to waste, destroy, demolish or remove any of the Improvements. Tenant shall not engage in any improvements to or demolition of improvements to the Property. Tenant's rights and powers with respect to the Improvements are subject to the terms and limitations of this Lease.
Landlord and Tenant covenant for themselves and all persons claiming under or through them that the improvements are real property.
9.2 Ownership of Fixtures and Furnishings at Termination. On the Expiration Date or sooner termination of this Lease, Landlord may, at Landlord's election, demand the removal from the Leased Space or the Property of all of Tenant's fixtures, equipment and furnishings, or of certain fixtures, equipment or furnishings, as specified in the notice provided for below at Tenant's sole cost and expense. A demand to take effect on the Expiration Date shall be effectuated by notice given at least three (3) months before the Expiration Date. A demand to take effect on any other termination date of the Lease shall be effectuated by notice given concurrently with the notice of termination or within a reasonable period after such termination.
Any of Tenant's fixtures, equipment and furnishings not specified by Landlord to be removed, and, at Landlord's election, any fixtures, equipment and furnishings specified for removal by Landlord that are not removed by Tenant within thirty (30) days following the Expiration Date or other termination date shall be deemed abandoned by Tenant and shall, without compensation to Tenant, then become Landlord's property, free and clear of any and all claims to or against them by Tenant or any third person, and may be retained, removed, sold, destroyed or otherwise disposed of by Landlord in Landlord's sole discretion.
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Tenant shall defend, indemnify and hold harmless Landlord from and against any and all liability and loss arising from any such claims or from Landlord's exercise of the rights conferred by this Section.
9.3 Alteration of Improvements. Tenant shall not make or permit to be made any alteration or addition to the Property, nor demolish all or any part of the Property or Improvements.
9.4 Damage or Destruction. Tenant agrees to give notice to Landlord of any fire or other damage that occurs on the Property or the Improvements within five (5) days after such fire or damage. Except as otherwise provided in Section 15.3, if the Improvements shall be damaged or destroyed by any cause which puts the Improvements into a condition which is not decent, safe and sanitary, Tenant agrees to make or cause to be made full repair of said damage and to restore the Improvements to the condition which existed prior to said damage, or Tenant agrees to clear and remove from the Property all debris resulting from said damage and rebuild the Improvements in accordance with plans and specifications previously submitted to Landlord and approved in writing in order to replace in kind and scope the Improvements which existed prior to such damage; provided, however, that Tenant's liability pursuant to this Section shall be limited to the extent of available proceeds from Tenant's insurance coverage maintained pursuant to Section 14.1.
9.5 Indemnification; Notice of Non–responsibility. Tenant agrees to hold Landlord, its elected officials, officers, employees, volunteers or agents free and harmless, and indemnify Landlord against all claims, liabilities, costs and expenses, for labor and materials in connection with all construction, repairs or alterations on the Property and the Improvements performed by Tenant, Tenant's agent or at Tenant's direction pursuant to this Section 9 and the cost of defending against such claims, including reasonable attorneys' fees.
Landlord shall have the right to post and maintain on the Property and the Improvements any notice of non–responsibility provided for under applicable law.
10. MAINTENANCE
10.1 Maintenance and Repair of the Property. Landlord shall assume full responsibility for the operation and maintenance of the Leased Space and the Improvements throughout the Term of the Lease without expense to Tenant unless otherwise specified herein, and shall keep the Leased Space and Improvements, and perform all maintenance and repairs necessary to maintain and preserve the Leased Space and Improvements, in good and clean condition and repair and in a clean, safe and sanitary manner and in compliance with all applicable laws, rules and regulations. Landlord agrees that Tenant shall not be required to perform any maintenance, repairs, or services or to assume any expense not specifically assumed herein in connection with the Property and the Improvements.
10.2 Capital Improvements. Notwithstanding anything contained in this Lease to the contrary, Landlord shall be responsible for all capital replacements and improvements deemed necessary by Landlord to maintain and preserve the Leased MONTCLAIR CITY COUNCIL MEETING – 04/21/2025 Page 22 of 64 Agreement No. 25-18
Space and Improvements in Landlord's sole discretion, provided, however, this obligation shall not relieve Tenant of the obligation to make such replacements or improvements if they are necessitated by damage caused by Tenant. For the purposes of this Lease, a capital replacement or improvement shall mean a replacement or improvement that has a useful life of longer than ten (10) years. That notwithstanding, Landlord shall have the right, in lieu of making any such capital replacement or improvement, to terminate this Lease on ninety (90) days notice to Tenant.
11. ASSIGNMENT, SUBLETTING, TRANSFER
Tenant shall not assign or attempt to assign this Lease or any right herein, nor make any total or partial conveyance, assignment, sublease or transfer in any other mode or form of the whole or any part of the Leased Space or the Improvements, without prior written approval of Landlord. Such approval may only be given by Landlord if: (a) such conveyance, assignment, sublease or transfer is deemed by Landlord to be in Landlord's best interests; (b) the proposed conveyee, assignee, sublessee or transferee has, in the opinion of Landlord, the financial capability and overall competence to develop and operate the conveyed, assigned, subleased or transferred obligations and premises; and (c) all rent or other consideration that Tenant charges or receives from the proposed conveyee, assignee, sublessee or transferee or as a result of the conveyance, assignment, sublease or transfer of this Lease, that is greater than the Rent paid by Tenant to Landlord under this Lease, shall be immediately remitted to Landlord. Approval by Landlord of any conveyance, assignment, sublease or transfer shall be conditioned upon such conveyee, assignee, sublessee or transferee agreeing in writing to assume the rights and obligations thereby conveyed, assigned, subleased or transferred and to keep and perform all covenants, conditions and provisions of this Lease which are applicable to the rights acquired. In addition to the foregoing, any approval, conditional approval, or disapproval of any assignment, subletting or transfer shall be at the sole and absolute discretion of the Landlord (which may act through its City Manager) In the absence of specific written agreement by Landlord, no such conveyance, assignment, sublease or transfer of this Lease or the Leased Space or the Improvements (or portion thereof), or approval by Landlord of any such conveyance, assignment, sublease or transfer shall be deemed to relieve Tenant or any other party from any obligations under this Lease.
12. MORTGAGES
Tenant shall have no right to mortgage, pledge, deed in trust or otherwise encumber this Lease, or the interest of Tenant hereunder, and to assign or pledge the same as security for any debt.
13. INDEMNIFICATION
With the exception of any default on behalf of the Landlord under this Lease (including but not limited to a breach of Quiet Enjoyment, willful misconduct or gross negligence), Tenant shall defend, indemnify and hold harmless Landlord, its elected officials, officers, employees, volunteers and agents (each an "Indemnified Party") MONTCLAIR CITY COUNCIL MEETING – 04/21/2025 Page 23 of 64 Agreement No. 25-18
from and against any and all claims or demands for loss or damage, including, without limitation, property damage, personal injury and wrongful death, arising out of or in connection with the use or occupancy of the Property by Tenant, officers, officials, agents, contractors, employees, guests or invitees; any willful or negligent act (whether active or passive) or omission of Tenant, officers, officials, agents, contractors, employees, guests or invitees; any accident or fire on the Property; any nuisance made or suffered thereon; and any failure by Tenant to keep the Property in a safe condition; and the breach, default, violation or nonperformance of this Agreement by Tenant. Tenant shall pay, satisfy and discharge any and all money judgments that may be recovered against any Indemnified Party, including attorney's fees and costs of litigation, in connection with the foregoing. Tenant's obligations under this Section shall survive termination of this Lease, and shall not be restricted to insurance proceeds, if any, received by Tenant or any Indemnified Party. Tenant shall not be obligated to defend, indemnify or hold harmless any Indemnified Party to the extent any claim, loss, action, damage, liability, or expense (including attorneys' fees) is ultimately determined to be the result of the gross negligence or willful misconduct of such Indemnified Party.
14. INSURANCE
From the Commencement Date and for the duration of the Term of this Lease and any holding over by Tenant, Tenant shall secure and maintain, at its own expense, insurance against claims for injuries to persons or damages to property that may arise out of or in connection with the possession, use, occupancy, management, operation, repair, maintenance or control of the Leased Space by Tenant and/or its officers, officials, agents, contractors, employees, guests or invitees as follows:
14.1 Minimum Scope and Limits of Coverage: (1) "All Risk" property insurance covering the full replacement value of the Property but not less than $750,000; (2) Comprehensive General Liability insurance using Insurance Services Office Commercial General Liability occurrence form number CG 0001 or exact equivalent in an amount not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage including contractual liability and ($4,000,000) aggregate total bodily injury, personal injury, and property damage; (3) Automobile Liability insurance using Insurance Services Office Business Auto Coverage form number CA 000l, code 1 (any auto) or exact equivalent in an amount not less than one million dollars ($1,000,000) per accident for bodily injury and property damage; and (4) Workers' Compensation and Employer's Liability as required by the State of California and Employer's Liability Insurance, with workers compensation limits as required by California law and Employers Liability Limits of one million dollars ($1,000,000) per accident for bodily injury or disease.
14.2 Insurance Endorsements. The insurance policies shall contain the following provisions, or Tenant shall provide endorsements on forms supplied or approved by Landlord to add the following provisions to the insurance policies:
14.3 General and Automobile Liability. Each general liability and automobile liability policy shall be endorsed to state that: (A) Landlord, its elected officials, officers, employees, volunteers and agents shall be covered as additional MONTCLAIR CITY COUNCIL MEETING – 04/21/2025 Page 24 of 64 Agreement No. 25-18
insureds with respect to the possession, use, occupancy, management, operation, repair, maintenance or control of the Property by Tenant and its officers, officials, agents, representatives, volunteers, employees, guests or invitees; and (B) the insurance coverage shall be primary insurance with respect to Landlord, its elected officials, officers, employees, volunteers and agents, or if excess, shall stand in an unbroken chain of coverage excess of Tenant's scheduled underlying coverage. Any insurance or self–insurance maintained by Landlord, its elected officials, officers, employees, volunteers and agents shall be excess of Tenant's insurance and shall not be called upon to contribute with it.
14.4 Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against Landlord, its elected officials, officers, employees, volunteers and agents for losses paid under the terms of the insurance policy that arise from work performed by Tenant.
14.5 All Coverage. Each insurance policy required by this Lease shall not be canceled or materially changed without first giving thirty (30) days prior written notice to Landlord.
14.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A: VII, licensed and admitted to do business in California, and satisfactory to Landlord.
14.7 Verification of Coverage. Tenant shall furnish Landlord with original certificates of insurance and endorsements affecting coverage required by this Lease on forms satisfactory to Landlord. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by Landlord, if requested. All certificates and endorsements must be received and approved by Landlord.
Landlord reserves the right to require complete, certified copies of all required insurance policies, at any time.
15. DEFAULTS, REMEDIES AND TERMINATION
15.1 Defaults – General. Failure or delay by either Party to perform or comply with any condition or provision of this Lease constitutes a default under this Lease, and grounds for termination. Upon the occurrence of a default, the injured Party shall give written notice of default to the Party in default, specifying the default complained of by the injured Party. Failure or delay in giving such notice shall not constitute a waiver of any default, nor shall it change the time of default. If the default is not commenced to be cured within thirty (30) days after service of the notice of default and is not cured promptly in a continuous and diligent manner within a reasonable period of time after commencement to the non–defaulting Party's satisfaction, the non–defaulting Party may thereafter terminate this Lease and/or commence an action for damages, specific performance or any other remedy available in law or equity against the defaulting Party with respect to such default, without liability for any reason or under any theory in connection with such termination, and without creating any right to recovery of damages of any kind or nature in the non–defaulting Party.
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15.2 Enforced Delay in Performance for Causes Beyond Control of Party. Performance by either Party hereunder shall not be deemed to be in default where delays or defaults are due to war; insurrection; strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God or other deities; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; governmental restrictions or priority; litigation; unusually severe weather; inability to secure necessary labor, materials or tools; delays of any contractor or supplier; acts of the other Party; acts or failure to act of any public or governmental agency or entity (other than any act or failure to act of Landlord, which shall not excuse performance by Landlord) or any other cause beyond the control or without the fault of the party claiming an extension of the time to perform. An extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause. If, however, notice by the Party claiming such extension is sent to the other Party more than thirty (30) days after the commencement of the cause, the period shall commence to run only thirty (30) days prior to the giving of such notice. Times of performance under this Lease may also be extended in writing by Tenant and Landlord. Notwithstanding the foregoing, there shall be no extensions by virtue of enforced delay in relation to payment of Rent.
15.3 Damage or Destruction of Property. If during the Term of this Lease, any portion of the Property is damaged by fire or other catastrophic cause, so as to render such portion of the Property untenable, the obligations under this Lease may be suspended while such portion of the Property remains untenable. In the event of such damage, Tenant shall give Landlord notice of such untenable condition and the Landlord shall elect in its sole discretion, whether to repair the Property (if damaged by Tenant or an invitee of Tenant) or to cancel this Lease with respect thereto. Landlord shall notify Tenant in writing of its election within thirty (30) days after service of notice by Tenant. In the event that Landlord elects not to repair the Property or portion thereof, this Lease shall be deemed cancelled as of the date the damage occurred with respect to the untenable portion(s) of the Property. If this Lease is cancelled pursuant to this Section, Landlord shall not be liable to Tenant for any reason or under any theory and Tenant shall not be entitled to recover damages of any kind or nature from Landlord.
Additionally, if during the Term, any portion of the Property is damaged by fire or other catastrophic cause, so as to render such portion of the Property untenable, then Tenant can elect in writing to cancel this Lease with respect to the untenable portion(s) of the Property by providing written notice of its election to Landlord within thirty (30) days of the damage.
15.4 Additional Remedies of Landlord. In addition to the foregoing, if Tenant defaults with regard to any of the provisions of this Lease, and fails to cure such default to Landlord's satisfaction as provided in Landlord's notice to Tenant, Landlord, at its option, may thereafter (but not before), to the extent permitted by law:
correct or cause to be corrected said default and charge the costs therefor to the account of Tenant; and/or correct or cause to be corrected said default and pay the costs thereof from the proceeds of any insurance.
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15.5 Landlord's Re–Possession of Property. In the event that Landlord terminates this Lease, Landlord shall have the right to re–enter and repossess the Property without process of law, and Tenant, in such event, does hereby waive any demand for possession thereof, and agrees to surrender and deliver the Property peaceably to Landlord immediately upon such termination in good order, condition and repair, except for reasonable wear and tear.
No ejectment, re–entry or other act by or on behalf of Landlord shall constitute a termination unless Landlord gives Tenant notice of termination in writing. Such termination shall not relieve or release Tenant from any obligation incurred pursuant to this Lease prior to the date of such termination.
Termination of the Lease under this Section shall not relieve Tenant from the obligation to pay any sum due to Landlord or from any claim for damages against Tenant.
The right of termination provided by this Section is not exclusive and shall be cumulative to all other rights and remedies possessed by Landlord, and nothing contained herein shall be construed so as to defeat any other rights or remedies to which Landlord may be entitled.
15.6 Acknowledgment of Adequacy of Relocation Benefits Paid. If either Party terminates this Lease for any reason contemplated or authorized by this Section 15 or any other Section of the Lease, Tenant hereby expressly, knowingly and voluntarily waives any and all rights, benefits and/or assistance it may be entitled to receive from Landlord due to such termination, including, without limitation, loss of goodwill, inverse condemnation, or relocation assistance as provided for in California Government Code sections 7260, et seq. and 42 U.S.C. section 4601, et seq.
Tenant has been advised by its legal counsel concerning the content and effect of California Civil Code section 1542, which provides:
A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
In reference to the waiver set forth in this Section, by its initials below, Tenant waives the benefits of Civil Code Section 1542 and all other state or federal statutes, legal principles, or judicial decisions of similar effect. This provision shall survive the expiration or termination of this Lease.
16. LEGAL ACTIONS
Institution of Legal Actions. In addition to any other rights or remedies, either Party may institute legal action to cure, correct, or remedy any default, to recover damages for any default, or to obtain any other remedy consistent with the purpose of this Lease. Such legal action must be instituted in the Superior Court of the County of San Bernardino, State of California, or in the Federal District Court in the Central District of California.
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16.1 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Lease.
16.2 Acceptance of Service of Process. In the event that any legal action is commenced by Tenant against Landlord, service of process on Landlord shall be made by personal service upon the City Clerk, or in such other manner as may be provided by law.
In the event that any legal action is commenced by Landlord against Tenant, service of process on Tenant shall be made by personal service upon an officer and/or member of Tenant and shall be valid whether made within or without the State of California, or in such manner as may be provided by law.
16.3 Attorneys' Fees and Court Costs. In the event that either Landlord or Tenant shall bring or commence an action arising out of or in connection with this Lease the prevailing Party shall be entitled to and shall be paid reasonable attorneys' fees and court costs therefor.
17. GENERAL PROVISIONS
17.1 Notice. All notices, demands and communications between Landlord and Tenant under this Lease must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:
To Landlord: Mikey Fuentes, Dir. of Economic Development City of Montclair
5111 Benito Street
Montclair, CA 91763
To Tenant: Robert Edwards
Set Free Church Pomona Valley
9961 Central Avenue
Montclair, CA 91763
Time of Essence. Time is of the essence with respect to the performance of each and every provision of this Lease.
17.2 Conflict of Interests. No elected official, officer, contractor, agent or employee of Landlord shall have any personal interest, direct or indirect, in this Lease, nor shall any such elected official, officer, contractor, agent or employee participate in any decision relating to the Lease which affects his personal interests or the interests of any corporation, partnership or association in which he is directly or indirectly interested. Tenant warrants that it has not paid or given, and will not pay or give, any third party any money or other consideration for obtaining this Lease.
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17.3 Non–liability of Landlord Officials and Employees. No elected official, officer, contractor, agent or employee of Landlord shall be personally liable to Tenant, or any successor in interest, in the event of any default or breach by Landlord or for any amount which may become due to Tenant or successor or on any other obligation under the terms of this Lease.
17.4 Inspection of Books and Records. Landlord has the right at all reasonable times to inspect the books and records of Tenant pertaining to its operations on the Property as pertinent to the purposes of this Lease. Tenant also has the right at all reasonable times to inspect the books and records of Landlord pertaining to the Property as pertinent to the purposes of this Lease.
17.5 Entry and Inspection of Property. Landlord shall have the right at all reasonable times to enter the Property for the purpose of viewing and ascertaining the condition of the same, or to protect its interests in the Property and the Improvements or to inspect the operations conducted thereon. Any such entry shall be made only after reasonable notice to Tenant. In the event that such entry or inspection by Landlord discloses that the Property or the Improvements are not in a decent, safe, and sanitary condition, are damaged, or in disrepair, Landlord shall have the right, after thirty (30) days written notice to Tenant, to have any necessary maintenance or repair work done for and at the expense of Tenant and Tenant hereby agrees to pay promptly any and all costs incurred by Landlord in having such necessary maintenance or repair work done in order to keep the Property and the Improvements in a decent, safe and sanitary condition. The rights reserved in this Section shall not create any obligations on Landlord or increase any obligations imposed on Landlord elsewhere in this Lease.
17.6 No Partnership. Neither anything in this Lease contained, nor any acts of Landlord or Tenant shall be deemed or construed by any person to create the relationship of principal and agent, or of partnership, or of joint venture, or of any association between Landlord and Tenant.
17.7 No Third–Party Beneficiaries. There are no intended third–party beneficiaries of any right or obligation assumed by the Parties under this Lease.
17.8 Compliance with Law. Tenant agrees, at its sole cost and expense, to comply and secure compliance with all the requirements now in force, or which may hereafter be in force of all municipal, county, state and federal authorities, pertaining to the Property, as well as operations conducted thereon; and to faithfully observe and secure compliance with, in the use of the Property, all applicable city, county and municipal ordinances, rules and regulations and all state and federal statutes, rules, orders and regulations now in force or which may hereafter be in force, including all laws prohibiting discrimination or segregation in the use, sale, lease or occupancy of the property. The judgment of any court of competent jurisdiction, or the admission of Tenant or any sublessee or permittee in any action or proceeding against them, or any of them, whether Landlord be a party thereto or not, that Tenant, sublessee or permittee has violated any such law, rule, order or regulation in the use of the Property shall be conclusive of that fact as between Landlord and Tenant.
MONTCLAIR CITY COUNCIL MEETING – 04/21/2025 Page 29 of 64 Agreement No. 25-18
17.9 Waiver. Any failure or delay by either Party in asserting any of its rights and remedies under this Lease shall not operate as a waiver of any default or of any such rights or remedies. Delays by either Party in asserting any of its rights and remedies shall not deprive either Party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies.
17.10 Rights and Remedies Are Cumulative. The rights and remedies of the Parties under this Lease are cumulative, and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
17.11 Severability. If any provision of this Lease shall be adjudged invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Lease shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law.
17.12 Binding Effect. This Lease, and the Terms, provisions, promises, covenants and conditions hereof, shall be binding upon and shall inure to the benefit of the Parties hereto and their respective heirs, legal representatives, successors and assigns.
17.13 Counterparts. This Lease may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute the fully executed Lease.
17.14 Authority to Enter Lease. Each Party warrants that the individual who has signed this Lease on its behalf has the legal power, right, and authority to make this Lease and bind each respective Party thereto.
17.15 Entire Agreement; Modifications. This Lease constitutes the entire agreement between the Parties regarding the subject matter of this Lease, superseding all other agreements or understandings, whether written or oral. This Lease may not be modified or amended except in writing signed by the Parties. This Lease shall be binding upon and inure to the benefit of Landlord and Tenant and their respective heirs, beneficiaries, successors and assigns. [Signatures on Following Page]
MONTCLAIR CITY COUNCIL MEETING – 04/21/2025 Page 30 of 64 Agreement No. 25-18
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
LANDLORD
CITY OF MONTCLAIR
5111 Benito Street
Montclair, CA 91763
TENANT
SET FREE CHURCH POMONA VALLEY
9961 Central Avenue
Montclair, CA 91763
By: By:
Corysa Martinez, Mayor Pro Tem Robert Edwards
Attest:
By:
Andrea M. Myrick, City Clerk
Approved as to Form:
By:
Diane E. Robbins, City Attorney
MONTCLAIR CITY COUNCIL MEETING – 04/21/2025 Page 31 of 64 Agreement No. 25-18
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
The following described real property, together with all improvements thereon:
PARCEL MAP 14526 PARCEL 3 BOOK 176 PAGE 52 PARCEL MAP 14526 PARCEL NO 3
MONTCLAIR CITY COUNCIL MEETING – 04/21/2025 Page 32 of 64 Agreement No. 25-18
EXHIBIT B
LEASE SPACE DESCRIPTION
Lease Space – 2,800 square foot single–story building that is located at 4985 Richton Street, Montclair, California, 91763.
MONTCLAIR CITY COUNCIL MEETING – 04/21/2025 Page 33 of 64 Agreement No. 25-18
EXHIBIT C
Designated Services
1. Designated Services. During the term of this Agreement and in accordance with Section 5, the following activities will constitute Designated Services that would allow the Tenant to request a rent reduction.
a. Accompanying the City’s Special Operations Unit on Homeless Outreach Detail a minimum of twenty–five (25) hours per week as well as respond to special requests/calls for service from the Special Operations Unit regarding homeless individuals and/or families in need of assistance. b. Provide a minimum of twenty–five (25) hours per week of Homeless Outreach Detail at and around the Montclair Transportation Center. c. Provide for general maintenance of the Montclair Transportation Center including providing sweeping of platform waiting areas and walkways around Montclair Transportation Center, tending to basic landscaping needs such as litter removal and weeding, and graffiti abatement on an as needed basis.
2. Maintenance of Records. During the term of this Agreement, Tenant must provide records of supporting documents demonstrating that Designated Services were provided for the month that a reduction in rent is requested. Documentation includes but it not limited to individuals served, actions taken, and services provided. Tenant is also required to meet periodically with the City Manager or his/her designee to review the provision of Designated Services and other compliance by Tenant with this Agreement.
MONTCLAIR CITY COUNCIL MEETING – 04/21/2025 Page 34 of 64
CITY COUNCIL
AGENDA REPORT
DATE: APRIL 21, 2025
SECTION: CONSENT - RESOLUTIONS
ITEM NO.: 1
FILE I.D.: CFD050
DEPT.: ECONOMIC DEV.
PREPARER: M. FUENTES
SUBJECT: CONSIDER ACCEPTING A WRITTEN PETITION FROM THE OWNERS OF THE ALEXAN
KENDRY EXPANSION PROJECT REQUESTING FORMATION OF A COMMUNITY
FACILITIES DISTRICT (CFD)
CONSIDER ADOPTION OF RESOLUTION NO. 25–3478 DECLARING THE CITY’S INTENT TO FORM CFD NO. 2025–2 (ALEXAN KENDRY EXPANSION), SETTING A PUBLIC HEARING FOR THE ESTABLISHMENT OF CFD NO. 2025–2 ON JUNE 2, 2025, AT 7:00 P.M. IN THE CITY COUNCIL CHAMBERS, AND TAKING OTHER ACTIONS
RELATED THERETO
CONSIDER APPROVING THE BOUNDARY MAP OF PROPOSED CFD NO. 2025–2 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).
Proposed Resolution No. 25–3478 (the “Resolution of Intention”) is a notice of intent to form the City of Montclair Community Facilities District No. 2025–2 (Alexan Kendry Expansion) (“CFD No. 2025–2”) for the Alexan Kendry Expansion Project. The Resolution of Intention sets June 2, 2025, as the date for a public hearing to consider formation of the CFD.
As a matter of form, the owners of all of the property encompassing the Alexan Kendry Expansion Project (Kendry Addition PS Venture, LLC, a Delaware limited liability company, co–owner as to an undivided 5.05% interest in the property; Kendry Addition Venture, LLC, co–owner as to an undivided 4.95% interest in the Property; and Kendry Addition Investor, LLC, a Delaware limited liability, co–owner as to an undivided 90% interest in the Property) (collectively, the “Owners”), have provided a written petition, included as “Attachment 1” to this agenda report, requesting the City Council initiate proceedings under the Mello–Roos Community Facilities Act of 1982 (the “Act”) to form CFD No. 2025–2 to finance those certain public improvement maintenance services and public safety services that will serve the properties to be constructed within the boundaries of proposed CFD No. 2025–2.
A copy of the proposed Resolution of Intention, Resolution No. 25–3478, is attached for City Council review and consideration.
MONTCLAIR CITY COUNCIL MEETING – 04/21/2025 Page 35 of 64 BACKGROUND: The Alexan Kendry Expansion Project is the sixth residential development constructed within the boundaries of the NMDSP area. The project is developing certain public improvements which must be maintained by the City. In addition, this new development will generate calls for public safety services. As a method to secure revenue for the maintenance costs associated with the public improvements and public safety costs, it is recommended that the City Council approve the formation of CFD No. 2025–2 to cover the costs of providing the necessary public services within the boundaries of the project.
Community Facilities Districts (CFDs)
Rather than relying on general fund revenues, the 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 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, including the costs to cover the increased demand on police and fire protection services.
A CFD is created by action of a local government agency and is established within defined property boundaries. A CFD cannot be formed without two–thirds majority vote of the qualified voters residing within the proposed boundaries. If there are fewer than 12 registered voters, the qualified voters are the current landowners and the vote is conducted among the current landowners. Often times, the CFD is approved by a single property owner. Once a CFD is approved, a special tax lien is placed against each property in the CFD. Property owners pay the special tax each year on their ad valorem property tax bill.
By law, a special tax imposed by a CFD cannot be based on the value of the property.
Special taxes are based on mathematical formulas that take into account property characteristics, such as use of property, square footage of structures, or lot size. The formula is defined at the time the CFD is formed and includes a maximum special tax amount and an annual percentage increase to keep pace with the inflation.
Resolution of Intention – Initiating Formation of CFD No. 2025–2 Adoption of the Resolution of Intention will begin procedures towards the formation of CFD No. 2025–2. The boundaries of the proposed CFD are shown in Attachment 2 to this agenda report and encompass the entirety of the Alexan Kendry Expansion project. The proposed CFD No. 2025–2 will pay the cost of the following services:
• Maintenance and lighting of parks, parkways, streets, roads, and open space within the CFD and the operation and maintenance of storm drain systems serving the property within the CFD boundaries.
• Police protection services, Fire protection suppression services, and emergency vehicle apparatus maintenance.
The proposed Resolution of Intention establishes the intention of the City Council to establish CFD No. 2025–2 (Alexan Kendry Expansion), and schedules a public hearing on the establishment of CFD No. 2025–2 for June 2, 2025, at 7:00 p.m. in the City Council Chambers.
MONTCLAIR CITY COUNCIL MEETING – 04/21/2025 Page 36 of 64 “Exhibit A” of the Resolution of Intention is a document entitled “Rate and Method of Apportionment of Special Tax for the City of Montclair Community Facilities District No. 2025–2 (Alexan Kendry Expansion).” This document sets forth the maximum rates of special taxes that may be levied on parcels of property within the CFD and the method for apportioning or levying those special taxes.
The proposed Resolution of Intention contains provisions regarding the system of voting procedures that must be used to establish the CFD.
FISCAL IMPACT: Adoption of Resolution No. 25–3478 will create a fiscal impact associated with the cost of staff time, City consultants, and publication costs related to publishing a legal advertisement setting the public hearing regarding the formation of CFD No. 2025–2. Administrative costs related to formation of the CFD are the responsibility of the developer and are paid for directly by the developer through a reimbursement agreement between the City of Montclair and the developer.
RECOMMENDATION: Staff recommends the City Council take the following actions:
1. Accept a written petition from the owners of the Alexan Kendry Expansion Project requesting the formation of a Community Facilities District (CFD);
2. Adopt Resolution No. 25–3478 declaring the City’s intent to form CFD No. 2025–2 (Alexan Kendry Expansion), setting a public hearing for the establishment of CFD No. 2025–2 on June 2, 2025, at 7:00 p.m. in the City Council Chambers, and taking other actions related thereto; and
3. Approve the boundary map of proposed CFD No. 2025–2.
MONTCLAIR CITY COUNCIL MEETING – 04/21/2025 Page 37 of 64 Attachment "1"
PETITION TO THE CITY COUNCIL OF THE CITY OF MONTCLAIR
REQUESTING INITIA TJON OF PROCEEDINGS FOR THE FORMATION OF
A COMMUNITY FACILITIES DISTRICT, AND CONSENTING TO THE
LEVY OF SPECIAL TAXES TO PAY THE ANNUAL COST OF OPERATING
AND MAINTAINING CERTAIN PUBLIC SERVICES
1. Kendry Addition PS Venture, L.L.C., a Delaware limited liability company ("Kendry Addition PS"), co-owner as to an undivided 5.05% interest of the property described in Exhibit "A" attached hereto (the "Property"); Kendry Addition Venture, L.L.C. ("Kendry Addition"), co-owner as to an undivided 4.95% interest of the Property; and Kendry Addition Investor, L.L.C., a Delaware limited liability ("Kendry Addition Investor") co-owner as to an undivided 90% interest in the Property (Kendry Addition Investor along with Kendry Addition PS and Kendry Addition, collectively, the "Owners") requests that the City Council of the City of Montclair (the "City") initiate proceedings pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, Chapter 2.5 (commencing with Section 53311), Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act"), for the formation of a community facilities district over and including the Property in the City of Montclair. California, to be designated the "City of Montclair Community Facilities District No. 2025-2 (Alexan Kendry Expansion), San Bernardino County, State of California" (the "CFD") to provide for the funding, through the levy of special taxes, of (a) the maintenance and lighting of parks, parkways, streets, roads and open space, the operation and maintenance of storm drainage systems; (b) fire protection and suppression services and police protection services; and (c) any other services authorized to be financed pursuant to the Act (the "Authorized Services").
2. Owners represent to the City Council that they are the owner of all of the Property with the respective interests as set forth above.
3. Owners consent to the levy of special taxes on the Property in amounts sufficient to pay the annual costs of the Authorized Services.
DATED: April 7 , 2025
28256.00 I 05\43657012 .1
KENDRY ADDITION PS VENTURE, L.L.C.,
a Delaware limited liability company
By: Maple SoCal Holdings GP L.L.C., a
Delaware limited liability company, its
Manag~inJ Me~ -
By: ·'
Name~ Schiffer
Title: Vice President
MONTCLAIR CITY COUNCIL MEETING – 04/21/2025 Page 38 of 64 28256.00105\43657012. I
KENDRY ADDITION VENTURE, L.L.C.,
a Delaware limited liability company
By: CCH 118 Montclair Arrow Addition, L.P., a
Delaware limited partnership, its Sole
Member
By: Maple SoCal Holdings GP L.L.C., a
Delaware limited liability company, its
General Partner
By: Q, Name: 7schiffer
Title: Vice President
KENDRY ADDITION INVESTOR, L.L.C.,
a Delaware limited liability company
By: Maple SoCal Holdings GP L.L.C., a
Delaware limited liability company, its NonMember Manager 2 By: -~~===::::::::====~ ~ Name: Alec Schiffer
Title: Vice President
MONTCLAIR CITY COUNCIL MEETING – 04/21/2025 Page 39 of 64 EXHIBIT "A"
DESCRIPTION OF THE PROPERTY
The property located in the City of Montclair, County of San Bernardino, State of California identified by San Bernardino County Assessor's Parcel Nos.:
1009-021-33-0-000 and 1009-021-34-0-000.
A-1
28256.00J 05\43657012. I
MONTCLAIR CITY COUNCIL MEETING – 04/21/2025 Page 40 of 64 SHEET 1 OF 1
z
0 r
m
z
C
m
CYPRESS
ARROW
STREET
Assessor Parcel Numbers within the Boundaries
of City of Montclair CFO No. 2025-2 (Alexan
Kendry Expansion):
1009-021-33 1009-021-34
Prepared by OTA
PROPOSED BOUNDARIES OF
CITY OF MONTCLAIR
COMMUNITY FACILITIES DISTRICT NO. 2025-2
(ALEXAN KENDRY EXPANSION)
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SAN BERNARDINO COUNTY
STATE OF CALIFORNIA
HIGHWAY
(1) Filed in the office of the Clerk of the City of Montclair this __ day of ___ , 2025.
Andrea Myrick, Clerk of the City of Montclair,
California
(2) I hereby certify that the within map showing the proposed boundaries of City of Montclair CFO No. 2025-2 (Alexan Kendry Expansion), San Bernardino County, State of California, was approved by the City Council of the City of Montclair at a regular meeting thereof, held on LEGEND the ____ day of _______ _, 2025, by its Resolution No.
Boundaries of City of Montclair CFD No.
2025-2 (Alexan Kendry Expansion), 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.
OLIVE STREET
Andrea Myrick, Clerk of the City of Montclair,
California
(3) San Bernardino County Recorder's Certificate
This map has been filed under Document Number
-------~this __ day of ______ ., 2025, at
.m., in Book ____ of Maps of Assessment and Community
Facilities Districts at page ___ 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$ ______ .
Josie Gonzales
Assessor-Recorder-Clerk
San Bernardino County
By: _________ _
Deputy Recorder
Attachment "2"
MONTCLAIR CITY COUNCIL MEETING – 04/21/2025 Page 41 of 64 Resolution No. 25–3478 Page 1 of 4
RESOLUTION NO. 25–3478
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. 2025–2 (ALEXAN
KENDRY EXPANSION), SAN BERNARDINO COUNTY, STATE
OF CALIFORNIA AND TAKING OTHER ACTIONS RELATED
THERETO
WHEREAS, the City Council of the City of Montclair (the “City Council”) has received a written petition from the owner of certain real property within the City of Montclair (the “City”) requesting that the City Council initiate proceedings for the formation of a community facilities district pursuant to Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code, as amended, commonly known as the “Mello–Roos Community Facilities Act of 1982,” (the “Act”) for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property, and agreeing to the annual levy of special taxes on said property sufficient to pay the costs of such services and costs incidental thereto; and WHEREAS, Section 53313 of the Act provides that a community facilities district may be established to finance certain types of services, including but not limited to (a) police protection services; (b) maintenance and lighting of parks, parkways, streets, roads, and open space; (c) flood and storm protection services, including, but not limited to, the operation and maintenance of bio–retention basins and storm drainage systems; (d) maintenance and operation of any real property or other tangible property with an estimated useful life of five or more years that is owned by the City, (e) fire protection and suppression services, and (f) any other services authorized to be financed pursuant to the Act; and
WHEREAS, pursuant to Section 53320 of the California Government Code, the City Council is required upon receiving such a written petition to adopt a resolution of intention to establish a community facilities district.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF MONTCLAIR AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are true and correct and are incorporated herein by this reference.
Section 2. Proposed District. A community facilities district is proposed to be established under the terms of Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Act. The name proposed for the community facilities district is the “City of Montclair Community Facilities District No. 2025–2 (Alexan Kendry Expansion), San Bernardino County, State of California.” Section 3. Description and Map of Boundaries. The boundaries of the territory proposed for inclusion in the proposed community facilities district are described and shown on the map entitled “Proposed Boundaries of City of Montclair Community Facilities District No. 2025–2 (Alexan Kendry Expansion), San Bernardino County, State of California,” which is on file with the City Clerk. Said map is approved and, pursuant to Section 3110 of the California Streets and Highways Code, the City Clerk shall, after complying with the other requirements of Section 3111 of said Code, record the original of said map in her office, and not later than fifteen (15) days prior to the date of the public hearing set forth in Section 8 hereof shall file a copy of said boundary map with the County Recorder of the County of San Bernardino.
Section 4. Types of Services; Incidental Expenses. It is proposed that the proposed community facilities district shall provide and finance:
(a) Maintenance Services: (i) the maintenance and lighting of parks, parkways, streets, roads and open space, and (ii) flood and storm protection services, including but not limited to, the operation and maintenance of bio–retention basins and storm drainage systems; and
(b) Public Safety Services: (i) fire protection and suppression services, and (ii) police protection services; and
MONTCLAIR CITY COUNCIL MEETING – 04/21/2025 Page 42 of 64 Resolution No. 25–3478 Page 2 of 4
(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 proposed community facilities district shall also finance costs associated with the determination of the amount of and the levy and collection of special taxes which are levied to provide such services and costs otherwise incurred in order to carry out the authorized purposes of the community facilities district.
Section 5. Special Taxes. Except where funds are otherwise available, special taxes sufficient to pay the costs of the services provided for in Section 4 above and the annual administrative expenses of the City and the proposed community facilities district in determining, apportioning, levying and collecting such special taxes, shall be annually levied within the proposed community facilities district. Pursuant to Section 53340 of the California Government Code, the special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes. However, under no circumstances shall the special tax levied against any parcel used for private residential purposes subject to the levy of the special tax pursuant to the rates and method of apportionment be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within the community facilities district by more than ten (10) percent above the amount that would have been levied in that fiscal year had there never been any such delinquency or default. The rate and method of apportionment of said special taxes shall be as set forth in Exhibit “A” attached hereto and by this reference made a part hereof.
Section 6. Exempt Properties. Pursuant to Section 53340 of the California Government Code, properties of entities of the state, federal, and local governments shall be exempt from the levy of special taxes of the proposed community facilities district.
Section 7. Necessity. The City Council finds that the services described in Section 4 hereof are necessary to meet increased demands placed upon the City as a result of development occurring within the boundaries of the proposed community facilities district.
Section 8. Hearing on Formation. A public hearing on the formation of the proposed community facilities district shall be held at 7:00 p.m. on June 2, 2025, in the Council Chambers of the City Council located at 5111 Benito Street, Montclair, California 91763.
Section 9. Notice. The City Clerk shall publish a notice of the time and place of said hearing as required by Section 53322 of the California Government Code, and shall also give notice of the time and place of said hearing by first–class mail to each registered voter and to each landowner within the proposed community facilities district as prescribed by Section 53322.4 of said Code. Said notice shall be published at least seven (7) days and mailed at least fifteen (15) days before the date of the hearing, and shall contain the information required by said Section 53322.
Section 10. Report. The officers of the City who are responsible for providing the proposed types of services to be provided within and financed by the proposed community facilities district, if it is established, are hereby directed, pursuant to the requirements of Section 53321.5 of the California Government Code to study the proposed community facilities district and, at or before the time of said hearing, file or cause to be filed a report with the City Council containing a brief description of the services by type, which will in their opinion be required to adequately met the needs of the proposed community facilities district and an estimate of the fair and reasonable cost of providing those services and the incidental expenses to be incurred in connection therewith. All such reports shall be made a part of the record of the hearing to be held pursuant to Section 8 hereof.
Section 11. Annexation of Territory. Other property within the boundaries of the City may be annexed into the community facilities district upon the condition that parcels within that territory may be annexed only with the unanimous approval of the owner or owners of each parcel at the time that parcel or those parcels are annexed.
MONTCLAIR CITY COUNCIL MEETING – 04/21/2025 Page 43 of 64 Resolution No. 25–3478 Page 3 of 4
Section 12. Description of Voting Procedures. The voting procedures to be followed in conducting the special election on (i) the proposition with respect to the levy of special taxes on the land within the community facilities district to pay the costs of providing the services to be provided by the community facilities district, and (ii) the proposition with respect to the establishment of an appropriations limit for the community facilities district, if the community facilities district is established and such special election (the “Special Election”) is held, shall be as follows:
(a) If at least twelve (12) persons have been registered to vote within the territory of the proposed community facilities district for each of the ninety (90) days preceding the close of the public hearing, the vote in the Special Election shall be by the registered voters of the proposed community facilities district with each voter having one vote. In that event, the Special Election shall be conducted by the City Clerk, and shall be held on a date selected by the City Council in conformance with the provisions of Section 53326 of the California Government Code and pursuant to the provisions of the California Elections Code governing elections of cities, insofar as they may be applicable, and pursuant to said Section 53326 the ballots for the Special Election shall be distributed to the qualified electors of the community facilities district by mail with return postage prepaid or by personal service, and the Special Election shall be conducted as a mail ballot election pursuant to Division 4 (commencing with Section 4000) of the California Elections Code.
(b) If twelve (12) persons have not been registered to vote within the territory of the proposed community facilities district for each of the ninety (90) days preceding the close of the public hearing, and pursuant to Section 53326 of the California Government Code, the vote is therefore to be by the landowners of the proposed community facilities district, with each landowner of record at the close of the public hearing having one vote for each acre or portion of an acre of land that he or she owns within the proposed community facilities district, the Special Election shall be conducted by the City Clerk as follows:
(1) The Special Election shall be held on the earliest date, following the adoption by the City Council of the resolution of formation establishing the community facilities district pursuant to Section 53325.1 of said Code, and a resolution pursuant to Section 53326 of said Code submitting the propositions with respect to (i) the levy of special taxes to pay the costs of providing the services to be provided by the community facilities district, and (ii) establishing of an appropriations limit therefor to the qualified electors of the proposed community facilities district, upon which such elections can be held pursuant to said Section 53326 which may be selected by the City Council, or such earlier date as the owners of land within the proposed community facilities district and the City Clerk agree and concur is acceptable. (2) Pursuant to said Section 53326, the Special Election may be held earlier than ninety (90) days following the close of the public hearing if the qualified electors of the community facilities district waive the time limits for conducting the election set forth in said Section 53326 by unanimous written consent and the City Clerk concurs in such earlier election date as shall be consented to by the qualified electors. (3) Pursuant to said Section 53326, ballots for the Special Election shall be distributed to the qualified electors by the City Clerk by mail with return postage prepaid, or by personal service.
(4) Pursuant to applicable sections of the California Elections Code governing the conduct of mail ballot elections of cities, and specifically Division 4 (commencing with Section 4000) of the California Elections Code with respect to elections conducted by mail, the City Clerk shall mail or deliver to each qualified elector an official ballot in a form specified by the City Council in the resolution calling the Special Election, and shall also mail or deliver to all such qualified electors a ballot pamphlet and instructions to voter, including a sample ballot identical in form to the official ballot but identified as a sample ballot, an impartial analysis by the City Attorney pursuant to Section 9280 of said Code with respect to the ballot propositions contained in the official ballot, arguments and rebuttals, if any, pursuant to Sections 9281 to 9287, inclusive, and 9295 of said Code, a return identification envelope with prepaid postage thereon addressed to the City Clerk for the return of voted official ballots, and a copy of the resolution of formation establishing the community facilities district, adopted by the City Council pursuant to Section 53325.1 of the California Government Code; provided, however, that such analysis and arguments may be waived with the unanimous consent of all the landowners.
MONTCLAIR CITY COUNCIL MEETING – 04/21/2025 Page 44 of 64 Resolution No. 25–3478 Page 4 of 4
(5) The official ballot to be mailed or delivered by the City Clerk to each landowner–voter shall have printed or typed thereon the name of the landowner– voter and the number of votes to be voted by the landowner–voter and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, and if the landowner–voter is other than a natural person, that he or she is an officer of or other person affiliated with the landowner–voter entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner–voter, that in voting such official ballot it was his or her intent, as well as the intent of the landowner–voter, to vote all votes to which the landowner–voter is entitled based on its land ownership on the propositions set forth in the official ballot as marked thereon in the voting square opposite each such proposition, and further certifying as to the acreage of the landowner–voter’s land ownership within the community facilities district.
(6) The return identification envelope delivered by the City Clerk to each landowner–voter shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the 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 date of signing and place of execution of said declaration, and (vi) a notice that the envelope contains an official ballot and is to be opened only by the City Clerk. (7) The instructions to voter form to be mailed or delivered by the City Clerk to the landowner–voters shall inform them that the official ballots shall be returned to the City Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted by 5:00 p.m. on the date of the election. (8) Upon receipt of the return identification envelopes which are returned prior to the voting deadline on the date of the election, the City Clerk shall canvass the votes cast in the Special Election, and shall file a statement with the City Council as to the results of such canvass and the election on each proposition set forth in the official ballot.
The procedures set forth in this section for conducting the Special Election, if they are held, may be modified as the City Council may determine to be necessary or desirable by a resolution subsequently adopted by the City Council.
Section 13. Severability. If any provision, section, paragraph, sentence, or word of this Resolution is rendered or declared invalid by any court of competent jurisdiction, or by reason of preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this Resolution shall remain in full force and effect.
Section 14. Effective Date. This Resolution shall become effective immediately upon its adoption.
APPROVED AND ADOPTED this XX day of XX, 2025.
Mayor
ATTEST:
City Clerk
I, Andrea M. Myrick, City Clerk of the City of Montclair, DO HEREBY CERTIFY that Resolution No. 25–3478 was duly adopted by the Montclair City Council at a regular meeting thereof held on the XX day of XX, 2025, 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 – 04/21/2025 Page 45 of 64 RESOLUTION NO. 25-3478
EXHIBIT A
City of Montclair
CFD No. 2025-2 (Alexan Kendry Expansion) Page 1 of 8
RATE AND METHOD OF APPORTIONMENT
OF SPECIAL TAX FOR THE CITY OF MONTCLAIR
COMMUNITY FACILITIES DISTRICT NO. 2025–2
(ALEXAN KENDRY EXPANSION)
A Special Tax as hereinafter defined shall be levied on all Assessor’s Parcels in the City of Montclair Community Facilities District No. 2025–2 (Alexan Kendry Expansion) ("CFD No. 2025–2") and collected each Fiscal Year commencing in Fiscal Year 2025–2026, 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. 2025–2, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. All Special Taxes collected hereunder shall only be used for the Special Tax A Requirement or Special Tax B Requirement, as hereinafter defined, and for no other purpose.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre” or “Acreage" means the land area of an Assessor’s Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded County parcel map.
"Act" means the Mello–Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the actual or reasonably estimated costs directly related to the formation and administration of CFD No. 2025–2 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. 2025–2 or any designee thereof of complying with City or CFD No. 2025–2 disclosure requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2025–2 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. 2025–2 for any other administrative purposes of CFD No. 2025–2, including attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. "Assessor’s Parcel" means any real property to which an Assessor’s parcel number is assigned as shown on an Assessor’s Parcel Map.
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CFD No. 2025-2 (Alexan Kendry Expansion) Page 2 of 8
"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. 2025–2" means the City of Montclair Community Facilities District No. 2025– 2 (Alexan Kendry Expansion).
"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. 2025–2.
"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, 2025 would be considered Developed Property beginning in Fiscal Year 2025–2026). “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.
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CFD No. 2025-2 (Alexan Kendry Expansion) Page 3 of 8
"Fiscal Year" means the period starting July 1 and ending on the following June 30. "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. 2025–2. "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. 2025–2. "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. 2025–2 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. 2025–2 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. 2025–2 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. 2025– 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.
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CFD No. 2025-2 (Alexan Kendry Expansion) Page 4 of 8
"Residential Floor Area" means all of the square footage of living area within the perimeter of a residential dwelling unit, not including any carport, walkway, garage, overhang, patio, enclosed patio, or similar area. The determination of Residential Floor Area shall be made by reference to the building permit(s) issued for such Assessor’s Parcel, or if the square footage is not available from this source, as otherwise determined by the CFD Administrator based on a recorded condominium plan or other available documents. "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. 2025–2 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. 2025–2; 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. 2025–2 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. 2025–2; 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. 2025–2 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.
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CFD No. 2025-2 (Alexan Kendry Expansion) Page 5 of 8
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, all Taxable Property within CFD No. 2025–2 shall be classified as Developed Property or Undeveloped Property. Each parcel of Developed Property shall be further classified as either Residential Property or Non–Residential Property and shall be subject to Special Taxes in accordance with the rate and method of apportionment determined pursuant to Sections C and D below.
The Maximum Annual Special Tax for Residential Property shall be based on the Residential Floor Area of the 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 2025–2026 Maximum Annual Special Tax is shown below in Table 1.
TABLE 1
Maximum Annual Special Tax
for Developed Property
Land Use
Class Description Residential Floor Area
FY 2025–2026
Maximum Annual
Special Tax A
FY 2025–2026
Maximum Annual
Special Tax B
1 Residential Property ≥ 1,300 s.f. $175 per unit $301 per unit 2 Residential Property 1,101 – 1,300 s.f. $156 per unit $267 per unit 3 Residential Property 1,000 – 1,100 s.f. $137 per unit $236 per unit 4 Residential Property < 1,000 s.f. $84 per unit $144 per unit 5 Non–Residential Property NA $7,247 per Acre $12,449 per Acre On each July 1, commencing on July 1, 2026, the Maximum Annual Special Tax A and Maximum Annual Special Tax B shall be increased by the greater of (i) the percentage increase in the Consumer Price Index or (ii) the actual costs of Authorized Maintenance Services and Authorized Public Safety Services with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent (2%) per Fiscal Year.
2. Undeveloped Property
Neither the Special Tax A nor the Special Tax B shall be levied on Undeveloped Property.
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CFD No. 2025-2 (Alexan Kendry Expansion) Page 6 of 8
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 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 2025–2026 and for each following Fiscal Year, the Council shall levy the Special Tax A so that the amount of the Special Tax A equals the lesser of the Special Tax A Requirement or the Maximum Annual Special Tax A. The Special Tax A shall be levied Proportionately on each Assessor’s Parcel of Developed Property at up to 100% of the applicable Maximum Annual Special Tax A.
To the extent that the Special Tax A Requirement is greater than the aggregate Maximum Annual Special Tax A, the Special Tax A collected shall first be allocated to pay Administrative Expenses not funded through the Special Tax B Requirement and then to pay for Authorized Maintenance Services.
2. SPECIAL TAX B
Commencing with Fiscal Year 2025–2026 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.
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CFD No. 2025-2 (Alexan Kendry Expansion) Page 7 of 8
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)(3) 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. 2025–2 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. 2025–2 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. 2025–2 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 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.
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CFD No. 2025-2 (Alexan Kendry Expansion) Page 8 of 8
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. 2025–2 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 – 04/21/2025 Page 53 of 64 Public Works Committee Meeting Minutes – November 21, 2024 Page 1 of 4
MINUTES OF THE REGULAR MEETING OF THE PUBLIC WORKS
COMMITTEE HELD ON THURSDAY, NOVEMBER 21, 2024, AT 4 P.M. IN THE THEATER CONFERENCE ROOM, 9955 FREMONT AVENUE,
MONTCLAIR, CALIFORNIA
I. CALL TO ORDER
Chair Johnson called the meeting to order at 4:16 p.m.
II. ROLL CALL
Present: Mayor Pro Tem Johnson (Chair); Council Member Martinez (Committee Member); Director of Public Works/City Engineer Heredia; City Manager Starr; Executive Director of Engineering/Major Projects Manager Hoerning; Director of Community Development Diaz; Associate Engineer Stevenson
Absent: Chief of Police Reed; Director of Economic Development Agency Fuentes III. APPROVAL OF MINUTES
The Committee approved the minutes for the meeting held on July 18, 2024.
IV. PUBLIC COMMENT — None
V. PUBLIC WORKS DEPARTMENT UPDATES/ITEMS
A. OPERATIONS
1. MAINTENANCE ACTIVITIES
An Operations Activities Report for July, August, September, and October 2024 was included with the agenda. There were no issues with the reports.
Director of Public Works/City Engineer Heredia gave a detailed update about various service requests responded to by the Operations Division.
She gave a brief overview about how field crews are preparing and training for the coming winter storms. Colts Landscape Incorporated was contracted to perform parks maintenance for the City in July. These activity hours will no longer be tracked on monthly reports.
2. ADDITIONAL ITEMS — None
B. FACILITIES
1. MAINTENANCE ACTIVITIES
A Facilities Activities Report for July, August, September, and October was included with the agenda. There were no questions or issues with the report.
2. ADDITIONAL ITEMS — None
C. ENGINEERING DIVISION
MONTCLAIR CITY COUNCIL MEETING – 04/21/2025 Page 54 of 64 Public Works Committee Meeting Minutes – November 21, 2024 Page 2 of 4
1. Five-Year Capital Improvement Program Workshop
Director of Public Works/City Engineer Heredia reported that the workshop for the Five-Year Capital Improvement Program of the 2024-2029 fiscal year was held in September. The program was officially approved in November.
She then summarized the total funding cost of projects which is broken down by category: building, parks, street, and sewer improvements.
2. Five-Year Capital Improvement Program Website Update Administrative Specialist Mckenzie presented a newly launched section of the City’s website where information on the projects in the City’s newly adopted Five-Year Capital Improvement Program are posted for public viewing. Each page contains a brief summary of the project, funding sources, and a link to request information via public records request. She further explained how this tool could be used to inform the public about the status of planned projects and construction updates.
VI. POLICE DEPARTMENT UPDATE/ITEMS
City Manager Starr spoke about the vandalism and theft of copper wiring from the new EV charging stations located in the City Hall parking lot. The cost to repair and replace them will be approximately $6,000. The City’s security cameras captured the offender and the Police Department is investigating the situation.
VII. COMMUNITY DEVELOPMENT DEPARTMENT PROJECT UPDATES/ITEMS Director of Community Development Diaz reported that the department is focused on completing the General Plan and that they are making successful progress. It has passed the Planning Commission Public Hearing. Public notices will soon go out announcing the presentation at the December 2, 2025 City Council Meeting. Mr.
Diaz also gave status updates about the Sprouts and Dutch Brothers franchises in the process of coming to Montclair.
VIII. CAPITAL PROJECT UPDATES
A. LOCAL PROJECTS
1. Reeder Ranch Park
Associate Engineer Stevenson reports that the project is about 85% complete and that he is currently coordinating with utility companies to tie-in services to the park. The surrounding construction fence is expected to come down in 2-3 weeks. Over a month ago, there was an incident involving unauthorized entry into the park, which led to the theft of items that did not belong to the City. Security has not reported any incidents since.
2. Sunset Park Beautification
Executive Director of Engineering/Major Projects Manager Hoerning shared that the playground areas have been resurfaced. The new parking lots are installed and curing. The City is in discussion with the landscapers and MONTCLAIR CITY COUNCIL MEETING – 04/21/2025 Page 55 of 64 Public Works Committee Meeting Minutes – November 21, 2024 Page 3 of 4 primary contractor about the timing and installation of detailed components around the park. Installation of landscaping will take 2-3 weeks once it begins, however that will push the project over the completion date. Executive Director Hoerning reported that there have been numerous unauthorized entries into the park which has resulted in damage, theft, and vandalism to unfinished amenities that end in costly repairs and the restoration of newly installed equipment. City Manager Starr reported various security measures that will be in place once the City regains full control over the park.
3. Alleyway Improvements
Associate Engineer Stevenson reported that the project has progressed to the second set of three alleyways on the list and will be completed next week. A target is set to complete three more alleyways before the City closes for the holidays in December.
4. Civic Center Generator
Director of Public Works/City Engineer Heredia reports that the City has received approval from AQMD to start the project. A contractor and in-house staff are working on trenching for the piping that is required. They will be pouring a concrete pad next to the Recreation Center next month.
5. Arrow and Fremont – The Village
Executive Director of Engineering/Major Projects Manager Hoerning requested permission from Mayor Pro Tem Johnson to add this project to the list of items. Permission was granted. The City temporarily paused construction crews to allow another contractor to install infrastructure and utilities. Construction is expected to resume by the end of December.
B. REGIONAL PROJECTS
1. I–10 Freeway Construction
Director of Public Works/City Engineer Heredia reported that the City is still in discussion with SBTCA and the contractor regarding landscaping and signage around the ramps along the I-10 freeway on Central Avenue and Monte Vista Avenue. She described the work to be completed by Caltrans on Benson Avenues.
2. West Valley Connector Project
Director of Public Works/City Engineer Heredia reported the conditions on Holt Boulevard at Ramona Avenue and Central Avenue.
IX. COMMITTEE AND CITY MANAGER ITEMS
A. Gold Line Extension to Montclair
City Manager Starr reiterated that the City of Montclair received approximately $790,000,000 for completion of the project from Pomona to Claremont. SBTCA will also be contributing to construct the portion between the Montclair-Claremont areas. However, the amount is currently in MONTCLAIR CITY COUNCIL MEETING – 04/21/2025 Page 56 of 64 Public Works Committee Meeting Minutes – November 21, 2024 Page 4 of 4 discussion. He explained how the impending tariffs, promised by the President-Elect once he takes office, will impact the cost of materials needed to complete the project over the next few years.
City Manager Starr then went on to discuss a roundtable meeting that he and the Mayor attended about homelessness with leaders from neighboring cities and the County of San Bernardino.
X. ADJOURNMENT
At 5:08 p.m., Chair Johnson adjourned the meeting of the Public Works Committee.
The next meeting of the Public Works Committee scheduled to be held at 4:00 p.m. on Thursday, December 19, 2024.
Submitted for Public Works Committee
approval,
Uhura Mckenzie
Transcribing Secretary
MONTCLAIR CITY COUNCIL MEETING – 04/21/2025 Page 57 of 64 Personnel Committee Minutes – April 7, 2025 Page 1 of 1
MINUTES OF THE MEETING OF THE MONTCLAIR
PERSONNEL COMMITTEE HELD ON MONDAY,
APRIL 7, 2025, AT 5:00 P.M. IN THE CITY
ADMINISTRATIVE OFFICES, 5111 BENITO STREET,
MONTCLAIR, CALIFORNIA
I. CALL TO ORDER
Mayor Pro Tem Martinez called the meeting to order at 5:00 p.m.
II. ROLL CALL
Present: Mayor Pro Tem Martinez, Council Member Ruh, City Manager Starr, and Assistant City Manager/Director of
Human Services Richter
III. APPROVAL OF MINUTES
A. Minutes of the Regular Personnel Committee Meeting of March 17, 2025.
Moved by Council Member Ruh, seconded by Mayor Pro Tem
Martinez, and carried unanimously to approve the minutes of the Personnel Committee meeting on March 17, 2025.
IV. PUBLIC COMMENT – None
V. CLOSED SESSION
At 5:01 p.m., the Personnel Committee went into Closed Session regarding personnel matters related to appointments, resignations/ terminations, and evaluations of employee performance.
At 5:25 p.m., the Personnel Committee returned from Closed Session.
Mayor Pro Tem Martinez stated that no announcements would be made at this time.
VI. ADJOURNMENT
At 5:25 p.m., Mayor Pro Tem Martinez adjourned the Personnel Committee.
Submitted for Personnel Committee approval,
Edward C. Starr
City Manager
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Adjourned City Council Meeting Minutes – April 7, 2025 Page 1 of 1
MINUTES OF THE ADJOURNED MEETING OF THE MONTCLAIR
CITY COUNCIL HELD ON MONDAY, APRIL 7, 2025, AT 5:46 P.M.
IN THE CITY COUNCIL CHAMBERS, 5111 BENITO STREET,
MONTCLAIR, CALIFORNIA
I. CALL TO ORDER
Mayor Dutrey called the meeting to order at 5:46 p.m.
II. ROLL CALL
Present: Mayor Dutrey; Mayor Pro Tem Martinez; Council Members Ruh, and Mendez
City Manager Starr; Assistant City Manager/Director of Human Services Richter; Director of Finance Kulbeck; Director of Public Works/City Engineer Heredia; Police Chief Reed; Acting Fire Chief Dierck; City Attorney Robbins; City Clerk Myrick
Also
Present: Planning Commission Chair Martinez; Planning Commissioners Sahagun, Patel, and Johnson
Absent: Council Member Lopez; Planning Commissioner Sanchez III. COUNCIL WORKSHOP
A. Review of the Ralph M. Brown Act and Public Meeting Conduct City Attorney Robbins provided a presentation on the Brown Act and public meeting conduct, detailing the organization, roles and responsibilities, and conduct of legislative body members both during and outside of public meetings. The presentation addressed the public’s right to participate in the legislative process, emphasized ethical conduct and behavior, and provided guidance on avoiding legal violations. Additionally, it covered training requirements for public officials, annual reporting of economic interests; and scenarios in which a public official’s use of social media communications could violate the Brown Act.
IV. PUBLIC COMMENT — None
V. ADJOURNMENT
At 6:40 p.m., the City Council was adjourned.
Submitted for City Council approval,
Andrea Myrick
City Clerk
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Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – April 7, 2025 Page 1 of 5
MINUTES OF THE REGULAR JOINT MEETING OF THE MONTCLAIR
CITY COUNCIL, SUCCESSOR AGENCY AND MONTCLAIR HOUSING
CORPORATION BOARDS, MONTCLAIR HOUSING AUTHORITY
COMMISSION, AND MONTCLAIR COMMUNITY FOUNDATION
BOARD HELD ON MONDAY, APRIL 7, 2025, AT 7:02 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 7:02 p.m.
II. INVOCATION
Pastor Josh Matlock, Bethany Baptist Church, gave the invocation.
III. PLEDGE OF ALLEGIANCE
Mayor Pro Tem/Vice Chair Martinez led 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; Director of Public Works/City Engineer Heredia; Police Chief Reed; Acting Fire Chief Dierck; Director of Information Technology Nguyen; City Attorney Robbins; City Clerk Myrick V. PRESENTATIONS
A. Proclamation Declaring April 26, 2025 as Arbor Day in the City of Montclair
Mayor Dutrey presented the proclamation to Director of Public Works Heredia, who announced an upcoming tree planting event at Essex Park on Saturday, April 26, 2025, and invited the community to volunteer.
B. Introduction of New and Promoting Fire Department Employees Acting Fire Chief Dierck announced the recent promotion of Fire Engineer Joseph O’ Neil; and introduced new Fire Department employees, Firefighter/Paramedics Estevan Gonzalez, Arthur Hernandez, and Jonathan Turcios and Emergency Services Coordinator Traci Bryan.
VI. PUBLIC COMMENT — None
VII. PUBLIC HEARINGS — None
VIII. CONSENT CALENDAR
ACTION – Consent Calendar
ACTING: City Council
Successor Agency Board
Montclair Housing Corporation Board
Montclair Housing Authority Commissioners
Montclair Community Foundation Board
DISCUSSION: C–3
MOTION: Approve the remainder of the Consent Calendar, as presented.
MADE BY:
SECOND BY:
Council Member/Director Lopez
Mayor Pro Tem/Vice Chair Martinez
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AYES:
NOES:
ABSTAIN:
ABSENT:
Mendez, Lopez, Ruh, Martinez, Dutrey
None
None
None
RESULT: Motion carried 5–0.
A. Approval of Minutes
1. Regular Joint Meeting — March 17, 2025
ACTION – Consent Calendar – Item A–1
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.
B. Administrative Reports
1. Consider Approval of City Warrant Register and Payroll Documentation
ACTION – Consent Calendar – Item B–1
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.
2. Consider Authorizing the Study of Unmanned Aerial Systems (UAS) and Assess the Costs, Benefits, and Regulatory
Implications before Implementing such a Program in
Accordance with Assembly Bill 481 to Ensure Any Future UAS Program Aligns with Legal Standards
ACTION – Consent Calendar – Item B–2
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.
3. Consider Authorizing the Receipt of $22,366 from the FY 2021 Homeland Security Grant Program (HSGP) to Purchase an Event Data Records (EDR) Acquisition System and Computers for the Command Trailer for the Police Department
Consider Authorizing a $22,366 Appropriation from the Public Safety Grant Fund to Purchase an Event Data Records (EDR) Acquisition System and Computers for the Command Trailer ACTION – Consent Calendar – Item B–3
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.
4. Consider Receiving and Filing Annual Reports from the Independent Auditing Firm for the City of Montclair and the Successor Agency for the City of Montclair Redevelopment Agency ACTION – Consent Calendar – Item B–4
ACTING: City Council
Successor Agency Board
RESULT: Approved on Consent Calendar; motion carried 5–0.
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1. Consider Approval of Agreement No. 25–14 with Weatherproofing Technologies, Inc. to Repair Roofs of City Facilities and Extend the Roof Warranties for Five Years, 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 Approval of Agreement No. 25–15 with the San Bernardino County Sheriff’s Department for Use of their Weapons Firing Range Facilities
Consider Authorizing Chief of Police Jason Reed to Sign Said Agreement
ACTION – Consent Calendar – Item C–2
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.
3. Consider Approval of Agreement No. 25–16 with HCI
Systems, Inc. for the Installation, Programming, and
Implementation of Axis Communication Advanced Security
Cameras at Reeder Ranch Park and Sunset Park
Council Member Mendez asked if staff would be monitoring the cameras and whether signage would be posted to notify park users of the video recording.
Director of Information Technology Nguyen advised dispatch staff at the Police Department would monitor cameras and signs would be posted at the parks.
ACTION – Consent Calendar – Item C–3
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.
D. Resolutions
1. Consider Adoption of Resolution No. 25–3476 Approving the Tree City USA Application for 2025 and Authorizing the
Director of Public Works to Sign the Application
ACTION – Consent Calendar – Item D–1
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.
IX. PULLED CONSENT CALENDAR ITEMS — None
X. COMMUNICATIONS
A. Department Reports
1. Human Services — Special Events
Assistant City Manager/Director of Human Services Richter announced the Easter Eggstravaganza and Pancake Breakfast event to be held on Saturday, April 19, from 9:00 a.m. to MONTCLAIR CITY COUNCIL MEETING – 04/21/2025 Page 62 of 64
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B. City Attorney
City Attorney requested the City Council meet in closed session concerning the following matters:
1. Request for City Council to Meet in Closed Session Pursuant to Government Code §54956.9(d)(4) Regarding Potential Litigation One Potential Case
3. Request for City Council to Meet in Closed Session Pursuant to Government Code §54956.8 Regarding Real Property
Negotiations [CC]
Property: APN 1010–011–28–0000
Negotiating Parties: City of Montclair, Jose Arturo & CC Ascencio Revocable Living Trust
City Negotiator: Edward C. Starr, City Manager
Under Negotiation: Recommendations Regarding Purchase Price Property: APN 1010–011–27–0000
Negotiating Parties: City of Montclair, Donato Jimenez
City Negotiator: Edward C. Starr, City Manager
Under Negotiation: Recommendations Regarding Purchase Price City Attorney Robbins pulled the following matter from the agenda, stating there is no longer a need to discuss in closed session:
2. Request for City Council to Meet in Closed Session Pursuant to Government Code §54956.9(d)(1) Regarding Pending
Litigation [CC]
Kresback v. City of Montclair
C. City Manager/Executive Director — None
D. Mayor/Chair
Mayor/Chair Dutrey acknowledged the holidays and causes observed in April and announced the recent appointment of Carrie Schindler as Executive Director of the San Bernardino County Transportation Authority (SBCTA). He advised of potential bus service disruptions due to ongoing negotiations between Omnitrans and its bus operators. Additionally, he reported that during a recent Inland Empire Utilities Agency (IEUA) Sewerage Program Policy
Committee meeting, which he attends as a representative for Montclair, the Committee did not take action on making a recommendation to the IEUA Board regarding a proposed 18 percent sewer fee increase over two years. He also noted his upcoming trip to Europe will result in his absence from the next meeting, and he requested tonight’s meeting be adjourned in memory of Mary Fondario, a former Community Activities Commissioner from when the Commission was called the “Community Action Committee”.
E. Council Members/Directors
1. Council Member/Director Ruh expressed his apologies for missing several City events due to work–related travel. He provided an update on the Gold Line’s construction to
Montclair, noting the bids came in 50 percent over the
estimated cost, which led to the Construction Authority’s decision to re–bid and delay the project. He also acknowledged the 70th anniversary of the Polio Vaccine’s approval on April 12, 1955, and commented on California’s robust economy and its status as a net donor state for the federal government in response to recent remarks referring to the state “Cali–Failure”.
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2. Council Member/Director Lopez .announced his attendance at the Firefighter Recognition Luncheon and congratulated
Firefighter of the Year Zachary Granzow. He commended the Montclair Police Department for participating in the Baker to Vegas run in collaboration with the Upland Police Department and thanked staff for securing a second school crossing guard at the Benson Avenue and San Bernardino intersection.
3. Council Member/Director Mendez recognized the Firefighter of the Year and reported his attendance at the Ontario State of the City event. He also congratulated his son Wyatt and daughter–in– law Maya on their recent wedding ceremony.
4. Mayor Pro Tem/Vice Chair Martinez encouraged residents to volunteer at the next C.A.U.T.I.O.N. Clean Up event on May 17, from 8:00 a.m. to 12:00 p.m. at the alleyway between Kingsley and Bandera Streets.
F. Committee Meeting Minutes
The following committee minutes were received and filed for informational purposes:
1. Personnel Committee – March 17, 2025
XI. CLOSED SESSION
At 7:42 p.m., the City Council went into closed session to discuss potential litigation and real property negotiations.
XII. CLOSED SESSION ANNOUNCEMENT
At 8:18 p.m., the City Council returned from closed session. Mayor Dutrey announced that the City Council discussed potential litigation and real property negotiations; information was received and direction given to staff; and no further announcements would be made at this time.
XIII. ADJOURNMENT
At 8:18 p.m., the City Council, Successor Agency Board, Montclair Housing Corporation Board, Montclair Housing Authority Commission, and Montclair Community Foundation Board were adjourned.
Submitted for City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority
Commission/Montclair Community Foundation Board approval, Andrea Myrick,
City Clerk
The meeting was adjourned in memory of
former Community Activities Commissioner Mary Fondario.
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