Montclair City Council
June 16, 2025

CITY OF MONTCLAIR

AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT is made and effective as of May 15, 2025, between the City of Montclair, a California Municipal Corporation ("City") and Neighborhood Partnership Housing Services ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on May 15, 2025 and shall remain and continue in effect until modified by the parties or terminated pursuant to the provisions of this Agreement.

2. SERVICES
The parties intend Consultant to assist the City with administration and oversight of the City of Montclair’s HUD Older Adult Home Modification Grant Program Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.

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

4. CITY MANAGEMENT
City’s City Manager shall represent City in all matters pertaining to the administration of this Agreement, and the review and approval of all products submitted by Consultant. City’s City Manager shall be authorized to act on City’s behalf and to execute all necessary documents which enlarge the Scope of Services to be Performed or change Consultant’s compensation as provided in Section 5(b) below.

5. PAYMENT
(a) The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment Schedule of Fees set forth in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the tasks detailed in Exhibit A.

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(b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. (c) Consultant will submit invoices monthly for actual services performed. Said invoices shall detail all costs, rates and hours for individual tasks. Invoices shall be submitted on or about the tenth business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of the Consultant’s fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. (d) Consultant agrees that, in no event shall City be required to pay to Consultant any sum in excess of ninety-five percent (95%) of the maximum payable hereunder prior to receipt by City of all final documents, together with all supplemental technical documents, as described herein acceptable in form and content to City. Final payments shall be made no later than sixty (60) days after presentation of final documents and acceptance thereof by City.

6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise.

If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement. Consultant also may terminate this Agreement by serving upon the City at least thirty (10) days prior written notice.
(b) In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant on a pro-rata basis the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 5(c).

7. DEFAULT OF CONSULTANT
(a) The Consultant’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 266 of 348 Agreement No. 25–33

beyond the Consultant’s control, and without fault or negligence of the Consultant, it shall not be considered a default.
(b) If the City Manager or his/her delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

8. OWNERSHIP OF DOCUMENTS
(a) Consultant shall maintain complete and accurate records with respect to billed time, sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. (b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, claims, applications, computer files, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant’s office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.

Notwithstanding the above, computer software (including without limitation financial models, compilations of formulas and spreadsheet models), prepared by Consultant are Instruments of Service of Consultant and shall remain the property of Consultant.

Consultant shall likewise retain all common law, statutory and other reserved rights, including the copyright thereto.

9. INDEMNIFICATION
(a) Defense, Indemnity and Hold Harmless. Consultant shall defend, indemnify, and hold harmless the City, its present and former officers, directors, employees, agents, staff, volunteers, mayor, council, boards, committees, and representatives, as broadly interpreted (collectively, the “Indemnified Parties”), of and MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 267 of 348 Agreement No. 25–33

from all claims, suits, demands, obligations, losses, damages, sums, or any other matters threatened or presently asserted, including but not limited to all legal fees, costs of defense and litigation expenses (including legal fees, expert fees and any other costs or fees, including those of adverse parties imposed on or sought against the Indemnified Parties), arising directly or indirectly out of any liability or claim of loss or liability for personal injury, bodily injury to persons, contractual liability, errors or omissions, breach, failure to perform, damage to or loss of property, or any other loss, damage, injury or other claim of any kind or nature arising out of the work to be performed by Consultant herein, caused by or arising out of the negligent acts or omissions, or intentional misconduct of Consultant, including its subcontractors, subconsultants, employees, agents, and other persons or entities performing work for Consultant. (b) Contractual Indemnity. To the fullest extent permitted under California law, Consultant shall contractually indemnify, defend and hold harmless the Indemnified Parties from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, amounts for good faith settlement, or costs of any kind, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees and costs), arising out of or related to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to Consultant’s officers, agents, representative, employees, independent contractors, subcontractors, subconsultants, or affiliated or related entities and/or its or their employees, agents and representatives, caused by or arising out of all negligent acts or omissions, or intentional misconduct of Consultant, including its subcontractors, subconsultants, employees, agents and other persons or entities performing work for Consultant. Indemnification shall include any claim that Consultant, or Consultant’s employees or agents, are or may be considered and treated as employees of the City or are entitled to any employee benefits from City including but not limited to those available under Public Employees Retirement Law. The obligation to indemnify, defend and hold harmless the Indemnified Parties shall apply to all liability as defined above regardless of whether the Indemnified Parties were or are alleged to have been negligent, except that it shall not apply to claims arising from the sole negligence or willful intentional misconduct of the Indemnified Parties. Consultant’s obligation to defend the Indemnified Parties is not contingent upon there being an acknowledgement of or determination of the merit of any claims, liability, demands, causes of action, suits, losses, expenses, errors, omissions and/or costs.
(c) Subcontractors/Subconsultants and Indemnification. Consultant agrees to and shall obtain executed indemnity agreements in favor of the Indemnified Parties with provisions identical to those set forth from each and every Subcontractor, Sub consultant, or other person or entity involved by, for, with, or on behalf of Consultant in the performance of any aspect of this Agreement. In the event Consultant fails to obtain such indemnity obligations, Consultant shall be fully responsible for each and every Subcontractor, Subconsultant or other person or entity in terms of defense, indemnity and hold harmless obligations in favor of the Indemnified Parties as set forth above. This obligation to indemnify and defend the Indemnified Parties is binding on the successors, assigns, or heirs of Consultant and shall survive the full performance or termination of this Agreement. These indemnification provisions are independent of and shall not in any MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 268 of 348 Agreement No. 25–33

way be limited or superseded by the insurance requirements and insurance-related provisions of this Agreement.
(d) City Lost or Damaged Property – Theft. Consultant further agrees to pay or cause to be paid to the Indemnified Parties’ benefit, any and all damages, fines, penalties, and loss or theft of property of the City arising out of or related in any way to the negligent acts or omissions or intentional misconduct of Consultant or of Consultant’s officers, agents, representatives, employees, independent contractors, subcontractors or affiliated or related entities and/or its or their employees, agents and representatives, whether such actions, omissions to act, negligence or intentional conduct is or was authorized by this Agreement or not. City assumes no responsibility whatsoever for any property placed on the premises of City. Consultant further agrees to waive all rights of subrogation against the Indemnified Parties.
(e) Non-Waiver and Non-Exhaustion of City’s Further Rights and Remedies. No aspect of this provision shall in any way limit or effect the rights of the Indemnified Parties against the Consultant under the terms of this Agreement or otherwise. The indemnification provisions shall apply regardless of whether this Agreement is executed after Consultant begins the work and shall extend to claims arising after this Agreement is performed or terminated, including a dispute as to the termination of Consultant. The indemnity obligations of Consultant shall continue until it is determined by final judgment that the claim against the City and any Indemnified Parties is determined by final judgment and after exhaustion of any rights of appeal. Further, no aspect of this provision shall impact the City’s rights to contribution from Consultant, or for the City to dispute Consultant’s refusal to defend and indemnify City. (f) Limitations on Scope of Indemnity. Notwithstanding the foregoing, Consultant shall not be responsible for indemnification for claims or losses caused by the sole negligence or intentional wrongdoing of Indemnified Parties. Further, the indemnity provided shall be interpreted as broadly as permitted under California law and as to agreements between parties and shall if required be reformed to be consistent with those laws to protect and save this provision for the protection of the Indemnified Parties. (g) The obligations of Consultant under this or any other provision of this Agreement shall not be limited by the provisions of any workers’ compensation act or similar act. The Consultant expressly waives any statutory immunity under such statutes or laws as to the Indemnified Parties. The Consultant’s indemnity obligation set forth in this Section 9 shall not be limited by the limits of any policies of insurance required or provided by the Consultant pursuant to this Agreement.
(h) The Consultant’s covenant under this Section 9 shall survive the expiration or termination of this Agreement.

10. INSURANCE
The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

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(a) Types of Required Coverages
Without limiting the indemnity provisions of the Contract, the Consultant shall procure and maintain in full force and effect during the term of the Contract, the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so. (1) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 00 01, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $2,000,000 per occurrence, and $4,000,000 aggregate total bodily injury, personal injury, and property damage.
(2) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1), including owned, non-owned and hired autos, or the exact equivalent, with minimum limits of $1,000,000 for bodily injury and property damage, each accident. If Contractor owns no vehicles, auto liability coverage may be provided by means of a non-owned and hired auto endorsement to the general liability policy. Automobile liability insurance and endorsements shall be kept in force at all times during the performance of this Agreement. (3) Workers’ Compensation: Workers’ Compensation Insurance, as required by the State of California and Employer’s Liability Insurance with a limit of not less than $1,000,000 each accident for bodily injury and $1,000,000 each employee for bodily injury by disease. (4) Professional Liability: Professional Liability insurance with limit of not less than $2,000,000 each claim. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusion that may potentially affect the work to be performed.
(b) Endorsements
Insurance policies shall not be in compliance if they include any limiting provision or endorsement. The insurance policies shall contain, or be endorsed to contain, the following provisions:
(1) Commercial General Liability
Additional Insured: The City, its elected officials, officers, employees, volunteers, boards, agents and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or operations. Coverage for the additional insureds shall apply to the fullest extent permitted by law.

Additional Insured Endorsements shall not:

1. Be limited to “Ongoing Operations”
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2. Exclude “Contractual Liability

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

4. Exclude “Third-Party-Over Actions”

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

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

Primary Insurance: This insurance shall be primary and any other insurance whether primary, excess, umbrella or contingent insurance, including deductible, or self-insurance available to the insureds added by endorsement shall be in excess of and shall not contribute with this insurance.
(3) Workers’ Compensation
Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties. (c) Notice of Cancellation.

Required insurance policies shall not be cancelled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (d) Waiver of Subrogation
Required insurance coverages shall not prohibit Consultant from waiving the right of subrogation prior to a loss. Consultant shall waive all rights of subrogation against the indemnified parties and policies shall contain or be endorsed to contain such a provision. This provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer.
(e) Evidence of Insurance
All policies, endorsements, certificates, and/or binders shall be subject to approval by the City as to form and content. These requirements are subject to amendment or waiver only if so approved in writing by the City. The City reserves the MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 271 of 348 Agreement No. 25–33

right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

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

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

Best’s rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 272 of 348 Agreement No. 25–33

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

11. INDEPENDENT CONTRACTOR
(a) Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control and shall not be construed to be employees of City for any purpose, including eligibility under Public Employees Retirement Law. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents, except as set forth in this Agreement.

Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City.

Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Consultant shall be solely responsible and hold the City harmless for all matters relating to the payment of Consultant’s employees, including compliance with Social Security withholdings and all other regulations governing such matters.
(b) No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.

12. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 273 of 348 Agreement No. 25–33

not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section.

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

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

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

15. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, responses to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena.
(b) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, requests for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding.

Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Consultant. However, City’s right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

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(c) Consultant shall comply with all applicable federal, state and local Conflict of Interest laws, including the Political Reform Act (California Government Code, Section 81000, et. seq.) and California Government Code, Section 1090, et. seq. Consultant covenants that neither he/she nor any officer or principal of their firm have any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder. Consultant further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent or subconsultant. Consultant further covenants that Consultant has not contracted with nor is performing any services, directly or indirectly, with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area and further covenants and agrees that Consultant and/or its subconsultants shall provide no service or enter into any agreement or agreements with a/any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area prior to the completion of the work under this Agreement. Further, Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to the City as a result of the performance of this Agreement, or the services that may be procured by the City as a result of the recommendations made by the Consultant. The Consultant’s covenant under this Section shall survive the termination of this Agreement.

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

To City: Mikey Fuentes, Dir. of Economic Development
City of Montclair
5111 Benito Street
Montclair, CA 91763
To Consultant: Clemente Arturo Mojica
9551 Pittsburgh Avenue
Rancho Cucamonga, CA 91730

17. ASSIGNMENT AND SUBCONTRACTING
The Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, nor any monies due hereunder, without prior written consent of the City. The City’s consent to an assignment of rights under this Agreement shall not release the Consultant from any of its obligations or alter any of its obligations to be performed under this Agreement. Any attempt at assignment or delegation by the Consultant in violation of this Section 17 shall be void and of no legal effect and shall constitute grounds to terminate this Agreement for cause. The Consultant MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 275 of 348 Agreement No. 25–33

shall not subcontract any performance required under this Agreement without the City’s prior written consent.

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

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

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

21. PRIORITY OF AGREEMENT
To the extent any provision of Consultant’s Proposal attached hereto as Exhibit “A” conflicts with the terms and provisions of this Agreement, the terms and provisions of this Agreement shall control and shall take precedence over those contained in Consultant’s Proposal.

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

Consultant’s covenant under this Section shall survive the expiration or termination of this Agreement.

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

24. EFFECT OF PARTIAL INVALIDITY
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If any term or provision of this Agreement shall be held invalid or unenforceable, the remainder of this Agreement and any application of the terms shall remain valid and enforceable under this Agreement or California law.

25. CLAIMS AGAINST CITY
Consultant must comply with the claim procedures set forth in Government Code sections 900, et. seq., and/or Montclair Municipal Code, Chapter 1.16, as applicable, prior to filing any lawsuit against the City. Such claims and any subsequent lawsuit based upon the claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.

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

27. NO THIRD PARTY BENEFICIARIES
This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.

28. COST OF LITIGATION
If any legal action is necessary to enforce any provision of this Agreement or for damages by reason of an alleged breach of any provisions of this Agreement (whether in contract, tort or both), the prevailing Party shall be entitled to receive from the losing Party all attorneys’ fees, costs and expenses in such amount as the courts may determine to be reasonable. In awarding the cost of litigation, the court shall not be bound by any court fee schedule, but shall, if it is in the interest of justice to do so, award the full amount of costs, expenses and attorneys’ fees paid or incurred in good faith.

29. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument.
[Signatures on Following Page]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY CONSULTANT
By: By:

Javier John Dutrey, Mayor Clemente Arturo Mojica
President and CEO
Date: Date:

Attest:

By:

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

By:

Diane E. Robbins, City Attorney
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Rancho Cucamonga, CA 91730
NPHS Community Redevelopment
9551 Pittsburgh Ave., Rancho Cucamonga, CA 91730 | 909-988-5979 Mikey Fuentes, MPA, Director of Economic Development
City of Montclair
5111 Benito Street, Montclair, CA 91763

REQUEST FOR PROPOSAL (RFP)

CITY OF MONTCLAIR OLDER ADULTS HOME MODIFICATION GRANT PROGRAM Respectfully Submitted to:

Exhibit A
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Rancho Cucamonga, CA 91730 2 | Page 9551 Pittsburgh AvenueRancho Cucamonga, CA 91730 March 19, 2025
Mikey Fuentes, MPA
Director of Economic Development
City of Montclair
5111 Benito Street
Montclair, CA 91763
Dear Mr. Fuentes,
NPHS Community Redevelopment is excited to have the opportunity to provide the enclosed proposal that details our many strengths and successes relevant to developing and implementing programs funded by CDBG, HOME and other public and private sources.

Established in 1991, NPHS is a nonprofit community development organization, Community Development Financial Institution (CDFI), NeighborWorks America Exemplary Chartered Member, and HUD-Approved Counseling Agency located in the City of Rancho Cucamonga. NPHS has deployed over $35 million in state and federally-funded programs, including CDGB, HOME, PLHA, and NSP for infill developments, home repair loans and grants, mortgage assistance, and small business assistance programs. NPHS has over 33 years of experience administering owner-occupied home repair programs for local municipalities. NPHS is currently administering Owner-Occupied Home Rehabilitation programs utilizing CDBG and HOME funds for the Cities of Riverside, San Bernardino, Chino, Chino Hills and Palm Springs.

With a goal to create long-term sustainable homeownership opportunities for low-income families, NPHS understands the importance of owner-occupied home repair programs. We look forward to partnering with the City of Montclair to help create safe and healthy living environments for low-income homeowners.

Thank you for the opportunity to present this proposal. We look forward to hearing back from you.

Sincerely,
Clemente Arturo Mojica
President and CEO
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EXPERIENCE
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Experience
NPHS is committed to strengthening and revitalizing communities through partnerships and various collaborations. NPHS partners with local municipalities, economic development agencies, nonprofit organizations, financial institutions, and investors to reinvigorate neighborhoods and quickly respond to the changing needs of our communities. As a nonprofit 501(c)(3) organization and Community Development Financial Institution (CDFI), NPHS recognizes the consistent changes in the market and understands the importance of creating and providing programs and services that both promote and preserve affordable housing. NPHS has assisted local governments in deploying over $35 million in state and federal funding over its 33-year history.

NPHS has a proven track record of collaborating with local governments to administer housing programs from various funding sources such as NSP, CDBG, HOME, CalHome, and AHP/IDEA/ WISH (Federal Home Loan Bank). Additionally, NPHS has experience in responding to economic emergencies. For example, in 2008, during the Great Recession, NPHS responded quickly to stem the tide of foreclosures and prevent urban blight by assisting local governments in deploying capital to help homeowners and renters while stabilizing neighborhoods.

NPHS’ administrative expertise includes the following:
• Program design and implementation
• Program administration
• Construction Management
• Client eligibility assessment and program prequalification • Income verification and documentation
• Compliance and reporting
• Loan and grant assistance origination, processing, underwriting, and funding NPHS employs 23 team members whose collective talents, training, and licenses include the following:
• HUD-Certified
• California Licensed Loan Underwriters
• Federal Fair Enforcement for Mortgage Licensing Act (SAFE Act) • Program development and implementation
• Client intake
• Assessing homeowner, renter, and small business eligibility • Loan and grant processing, underwriting, and funding
• Program compliance for HOME, CDBG and other public funding sources • Marketing and outreach
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NPHS is a nonprofit community development organization dedicated to building equitable communities in the Inland Empire since 1991. Over the span of 33 years, NPHS has grown from a small grassroots organization serving the City of Montclair into a multifaceted organization focused primarily on the Southern California region of Riverside, San Bernardino and Eastern Los Angeles Counties. Established in the City of Montclair as a grassroots neighborhood organization, NPHS has grown into a sophisticated affordable housing developer, Community Development Financial Institution (CDFI) and HUD-approved counseling agency providing a comprehensive array of housing and economic development programs and services. Today the organization serves a variety of stakeholders, including low-to- moderateincome (LMI) families and individuals, local governments, private sector businesses, and other nonprofit organizations. Our mission is supported by a team of professionals with diverse backgrounds and a passionate commitment to serving their communities.

NPHS approaches community and economic development holistically, offering a complementary array of community economic development programs and services in the Inland Empire and beyond. Its programs and services work to create intergenerational economic mobility, revitalize neighborhoods, build financial security, and close racial wealth gaps by operating along a comprehensive continuum.

Different programs exist to serve individuals and families at every stage of their journey to financial self-sufficiency, from forming the building blocks of financial stability to building wealth through asset acquisition and preserving existing assets.

NPHS creates impact in five areas: Affordable Housing, Neighborhood Revitalization, Community Wealth Building and Preservation, Environmental Sustainability, and Job Creation and Preservation. NPHS’ products and services create meaningful social change in underserved communities by producing outcomes such as better living conditions for at-risk families, increased rates of sustainable homeownership, lower rates of default and foreclosure, building and preserving wealth for LMI consumers, shrinking the racial wealth gap, promoting intergenerational wealth transfer, stabilizing neighborhoods, and growing and preserving the affordable housing supply. Together, these outcomes map progress toward our vision of a financially vibrant and inclusive community.
34 Years of Impact
Since 1991, NPHS has focused on meeting our community’s housing and economic needs to increase household financial security. Some of our achievements over the past 34 years include the following:
• Investing $4.7 billion directly into local communities • Providing $32 million in down payment assistance to LMI families • Counseling 50,000 families on how to access and sustain homeownership • Creating 12,000 first-time LMI homeowners
• Providing home repairs for 1,400 LMI homeowners
• Developed over 240 homes for low-to-moderate income families • Administering $700,000 in support for local small businesses MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 283 of 348 9551 Pittsburgh Avenue
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LOCAL MUNICIPALITY HOUSING PROGRAM ADMINISTRATION EXPERIENCE NPHS has vast experience in administering state and federally funded programs for local municipalities including CDGB, HOME, PLHA, and NSP for infill developments, home repair loans and grants, mortgage assistance, and small business assistance programs. In addition, NPHS has over 33 years of experience developing affordable homes utilizing private capital.

Current Local Municipality Housing Program Administration Experience • City of Chino
• Senior Home Repair Program: NPHS has administered the City of Chino’s Senior Home Repair Program for over 10 years. Through this partnership, NPHS has administered over $570,000 in CDBG funding to assist over 260 low-income seniors with critical home repair and accessibility modification grants. NPHS is responsible for all aspects of the program, from client intake and qualification to the construction and monitoring. • Infill Development Program: NPHS also partners with the City of Chino to develop affordable housing. Through this partnership NPHS developed four single-family homes and an Accessory Dwelling Unit (ADU) within the City. All homes were sold to low-income families with down payment assistance.
• City of Chino Hills
• Home Improvement Program: NPHS has administered the City of Chino Hills’ City-Wide Home Improvement Grant Program since 2020, utilizing over $200,000 in CDBG funding through the program while assisting 30 low-income homeowners. The program provides eligible homeowners with grants for critical home repairs and accessibility modifications.

NPHS is responsible for all aspects of the program, from client intake and qualification to the construction and monitoring.
• City of Claremont: NPHS currently administers the City of Claremont’s Inclusionary Housing Program and has administered over $5 million in down payment assistance (silent second equity share program). NPHS works closely with housing developers and the City of Claremont to underwrite all files for the program.
• City of Riverside: NPHS has administered the City of Riverside’s Housing Rehabilitation Program since 2020. NPHS utilized $350,000 in HOME and CDBG funds to assist 35 low- income homeowners. NPHS is responsible for all aspects of the program, from client intake and qualification to the construction and monitoring. The City of Riverside’s Housing Rehabilitation Program helps low-income households rehabilitate their homes using grants and deferred loans. • City of San Bernardino: Since 2017, NPHS has administered the City of San Bernardino’s Infill Housing Development Program and Owner-Occupied Home Repair Program. In addition, NPHS educates and pre-qualifies/underwrites all low-income homebuyers who purchase any of the new homes that NPHS develops. Through this partnership, NPHS has administered over $2 million in public (HOME/CDBG/NSP) funding. NPHS developed six new affordable homes under this partnership and is currently developing an additional three new affordable homes for lowincome families. In addition, NPHS has assisted over 60 low-income families with critical home repairs.

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• County of Riverside: NPHS administered $1,000,000 in HOME and CDBG funding for its owneroccupied home repair grant program from 2018-2020. Through this partnership, NPHS assisted 36 low-income homeowners with critical home repairs. NPHS was responsible for all aspects of the program, from client intake and qualification to the construction and monitoring. • City of Palm Springs:
• Owner-Occupied Rehabilitation Program: NPHS was recently awarded a contract with the city of Palm Springs to administer their CDBG Home Rehabilitation Program. Under this program the City provides grants to qualified low- to moderate-income homeowners to make needed home improvements. NPHS is responsible for all phases of general program administration and compliance, under the City’s direct supervision, for approved projects.

Services also include compliance for approved projects, construction management for housing rehabilitation program, (including permits, inspections, and Notice of Completions) and financial record keeping and monthly reporting to the City. • Infill Development Program: NPHS currently administers the City of Palm Springs Infill Development Program. Under this contract, NPHS is administering $2.8 million to develop 3 vacant lots with 6 new factory-built homes that will be sold to low-income first-time homebuyers. All 6 homes will be put on NPHS’ Community Land Trust.

Past Program Administration
• City of Chino:

Ĕ Redevelopment-Funded Program: From 2007-2012 NPHS successfully administered the City of Chino’s Mortgage Assistance Program. NPHS processed and funded 26 loans through this partnership. Funding has been exhausted.

Ĕ HOME funded DPA Program: NPHS administered the City of Chino’s HOME funded down payment assistance program. NPHS determined applicant’s eligibility and conducts all processing and underwriting duties associated with a second or third trust deed mortgage. NPHS funded 19 down payment assistance files. • City of Hemet: NPHS administered the City of Hemet’s NSP and HOME funded down payment assistance programs. NPHS determined applicant’s eligibility and conducts all processing and underwriting duties associated with a second or third trust deed mortgage. NPHS funded 55 down payment assistance files. City of Ontario: NPHS administered the City of Ontario’s HOME funded down payment assistance program. NPHS determined applicant’s eligibility and conducted all processing and underwriting duties associated with a second or third trust deed mortgage. NPHS funded 19 down payment assistance files. • City of Montclair Redevelopment-Funded Program: From 2000-2012 NPHS successfully administered the City of Montclair’s Mortgage Assistance Program. NPHS processed and funded 88 loans through this partnership. In addition NPHS administered the City of Montclair’s Home Improvement Grant and Loan Program.
• City of Ontario Redevelopment-Funded Program: From 2008 – 2012 NPHS successfully administered the City of Ontario’s Mortgage Assistance Program. NPHS processed and funded 45 loans through this partnership.

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• City of Rialto: NPHS administered the City of Rialto’s NSP-funded down payment assistance and CalHome programs. NPHS determined applicant’s eligibility and conducted all processing and underwriting duties associated with a second or third trust deed mortgage. NPHS funded 63 down payment assistance files.
• County of Riverside: NPHS administered $1,000,000 in HOME and CDBG funding for its owneroccupied home repair grant program from 2018-2020. Through this partnership, NPHS assisted 36 low-income homeowners with critical home repairs. NPHS was responsible for all aspects of the program, from client intake and qualification to the construction and monitoring.

Federal Neighborhood Stabilization Program (NSP) Experience NPHS is engaged in the acquisition, rehabilitation and resale of foreclosed homes throughout the Inland Empire. NPHS responded quickly to stem the tide of foreclosures and prevent urban blight by launching the Neighborhood Redevelopment Program in February 2008. The program was dubbed “Neighborhood Redevelopment Program” because the goal was to return REO and vacant distressed properties back into affordable homes for purchase by qualified low to moderate income families. The program was expanded with the increase in lines of credit, grants and other funding sources such as the Federal Neighborhood Stabilization Program (NSP). Through a contract with the National Community Stabilization Trust (NCST), NPHS was able to purchase foreclosed properties from various financial institutions through a “first look” program. NPHS also has strong relationships with Bank of America, Wells Fargo Bank, Chase, Fannie Mae and Freddie Mac to purchase foreclosed properties directly. NPHS also provided home buyer education and counseling to the families purchasing these properties. Since the program’s inception, NPHS has purchased, renovated and sold 38 properties using $8.25 million in Federal NSP funds.

NPHS has administered all or various aspects of the Neighborhood Stabilization Program for the following jurisdictions:
• City of Chino: NPHS was a subgrantee of NSP funds to provide neighborhood stabilization services for the City of Chino. The City of Chino contracted NPHS to provide acquisition and disposition services, complete construction management and rehabilitation oversight, and home buyer eligibility determination for all its NSP properties. In addition, NPHS was also contracted to prequalify families for the NSP- funded mortgage assistance program in conjunction with the purchase of the NSP properties. NPHS has purchased, rehabilitated and sold 11 properties through this partnership. In addition, NPHS assessed the eligibility of 44 families and processed 11 down payment assistance files. • City of Hemet: The City of Hemet contracted NPHS to determine the eligibility of buyers purchasing its NSP properties. NPHS was also contracted to prequalify families for the city’s NSP-funded mortgage assistance program in conjunction with the purchase of these properties. NPHS assessed the eligibility of 168 families and processed 55 down payment assistance files.
• City of Rialto: The City of Rialto contracted NPHS to determine the eligibility of buyers purchasing its NSP properties. NPHS was also contracted to prequalify families for the City’s NSP-funded and CalHome mortgage assistance program in conjunction with the purchase of these NSP properties. NPHS assessed the eligibility of 215 families and processed 63 down MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 286 of 348 9551 Pittsburgh Avenue
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payment assistance files.
• City of Pomona: NPHS partnered with the City of Pomona to administer its NSP 3 programs.

The City Contracted NPHS to utilize $1.5 million in NSP 3 funds to rehabilitate and sell properties acquired through this program. NPHS provided acquisition and disposition services, completed construction management and rehabilitation oversight and home buyer eligibility determination for all its NSP properties. In addition, NPHS was also contracted to prequalify families for the NSP-funded mortgage assistance program in conjunction with the purchase of these properties.
• City of Rancho Cucamonga: In 2017, NPHS partnered with the City of Rancho Cucamonga to develop an affordable single-family home part of the City’s Neighborhood Stabilization Program (NSP) Single Family Home Lottery. The home was acquired, fully renovated and sold to a low-to-moderate income family with down payment assistance. • County of Riverside: NPHS was a subgrantee of NSP funds to provide neighborhood stabilization services in the Cities of Perris, Menifee and Hemet. NPHS provided acquisition and disposition services, complete construction management and rehabilitation oversight and home buyer eligibility determination. NPHS was able to purchase, rehabilitate and sell 26 properties through this partnership.

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PROPOSAL
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Proposal
The Citywide Housing Rehabilitation Program will be implemented in the following 8 phases with-in the three scope of services consisting of General Administration, Program Implementation, and Construction Management. NPHS will be responsible for all construction management activities described below:

NPHS looks forward to administering the City of Montclair’s, Older Adults Home Modification Program.

As the Program Manager, NPHS will be responsible for implementing the scope of services outlined in this proposal for $333,840 to support Program Management and $530,350 to support Direct Administrative Costs. Both fees are based off the total project cost of $1,173,717. In addition, $60,000 will support a Licensed Occupational Therapist over the grant period.

Key Staff Job Title
Solon Escobar Chief Financial Officer
Greg O’Donnell Chief Impact Officer
Jesse Ibarra Chief Business Officer
April De Leon Director of Housing Rehabilitation
Gabriela Lopez Redevelopment Project Coordinator
Giuliano Djen Marketing and Fundraising Specialist
General Administration
Phase 1: Marketing, Outreach (Ongoing) and Occupational Therapist Recruitment Activities Timeline Responsible Person
• Work with City of Montclair to create project
description for Occupational Therapist.
• Provide marketing and outreach to recruit Occupational Therapist.
• Create bilingual marketing collateral to promote
program to targeted homeowners
• Manage and create program webpage on NPHS website
and social media templates
Ongoing • Apil De Leon, Director of
Housing Rehabilitation
• Greg O’Donnell, Chief
Impact Officer
• Giuliano Djen, Marketing
and Fundraising Specialist
• Conduct program outreach at community events, and
through traditional and social media
Ongoing • Apil De Leon, Director of
Housing Rehabilitation
• Boarding and Continuous training Ongoing • Apil De Leon, Director of Housing Rehabilitation
• Solon Escobar, Chief
Financial Officer
• Jesse Ibarra, Chief
Business Officer
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Program Administration
Phase 2: Respond to Calls / Prescreening (Ongoing)
Phase 3: Application Review / In-Home Visit / Grant Pre-Qualification Timeline: 1 to 20 Business Days
Activities Timeline Responsible Person
• Provide prompt response to program inquiries and
calls.

Ongoing • Apil De Leon, Director of
Housing Rehabilitation
• Conduct phone pre-screening to determine initial
eligibility based on household income, eligible area,
and ownership
• Distribute applications to eligible homeowners
Ongoing • Apil De Leon, Director of
Housing Rehabilitation
• Maintain a fiscal record-keeping system to
conform with City and HUD requirements
• Maintain a filing system containing program
implementation and grant and/or loan applicant
records. Files to be kept and maintained at City of
Montclair Housing Division Office.

Ongoing • Apil De Leon, Director of
Housing Rehabilitation
Activities Timeline Responsible Person
• Accept, certify, and process applications for housing rehabilitation assistance
• Conduct interviews to determine the completeness of
the application and household and property eligibility
3 Business Days • Apil De Leon, Director of
Housing Rehabilitation
• Pre-qualify owners for rehabilitation grants by verifying the details of each applicant’s financial status and
eligibility
2 - 6 Business
Days
• Apil De Leon, Director of
Housing Rehabilitation
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Phase 6: Work Performance
Timeline: 70 to 100 Business Days
Activities Timeline Responsible Person
• Conduct regular progress inspections with City Building Inspector to monitor contractor’s work
• Manage, communicate, and present valid change orders to the City of Montclair for approval
• Submit monthly reports to the City of Montclair
5 - 10
Business
Days
• Apil De Leon, Director of
Housing Rehabilitation
Phase 5: Bidding Process / Contractor Selection
Work Timeline: 50 to 70 Business Days
Activities Timeline Responsible Person
• Finalize Scope of Work, specifications, and proposal
document for bidding process
• Obtain three (3) competitive bids from State licensed contractors
• Review proposals received with the property owner
Determine selected contractor is neither debarred nor
suspended by HUD.
• Conduct preconstruction conference to review all
projected work with the property owner & approved
contractor document signing
• Prepare & execute construction contract & notice to
proceed
15 - 20
Business
Days
• Apil De Leon, Director of
Housing Rehabilitation
Construction Management
Phase 4: Home Inspection / Initial Cost Estimate / Scope of Work Timeline: 20 to 50 Business Days
Activities Timeline Responsible Person
• Coordinate with Occupational Therapist (OT),
homeowner and City Building Inspector to assess the
home for safety hazards, i.e., client’s fall risk, general mobility, existing adaptive equipment, and/or the
client’s functional abilities with activities of daily living (ADLs) and instrumental activities of daily living (IADLs).

Modifications will be governed by HUD’s Section 504
regulations.
5-10
Business Days
• Apil De Leon, Director of
Housing Rehabilitation
• Take photographs of areas that need repair
• Based on guidance provided by the OT, prepare work
write-ups to include Initial Cost Estimate and Scope of Work for eligible housing rehabilitation activities
10 - 25
Business Days
• Apil De Leon, Director of
Housing Rehabilitation
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Phase 8: Case Closeout
Timeline: 100 to 120 Business Days
Activities Timeline Responsible Person
• Conduct regular progress inspections with OT and City Building Inspector to monitor contractor’s work
• Manage, communicate, and present valid change orders to the City of Montclair for approval
• Submit monthly reports to the City of Montclair
5 - 10
Business
Days
• Apil De Leon, Director of
Housing Rehabilitation
TOTAL ESTIMATED TIMELINE FROM NOTICE TO PROCEED: NOT TO EXCEED 120

BUSINESS DAYS
(Project Completion Timeframes are Estimates and can Significantly Change Depending on Internal and External Factors)
Phase 7: Completion, Compliance, and Reporting
Timeline: 70 to 100 Business Days
Activities Timeline Responsible Person
• Execute contract closure from subcontractors, secure sign-off documents, obtain owner’s authorization for final payment, and execute closeout of the case with complete audit-ready permanent file
• Take “after” photos
• Prepare corrective action plans for the clearance of monitoring findings
• Assist owners to secure labor and material repair warranties from contractors
30 Business
Days
• Apil De Leon,
Director of Housing
Rehabilitation
• Conduct periodic meetings with City Housing staff and any other agencies
• Submit monthly activity reports as required
• Coordinate monitoring of program activities with City staff Ongoing • Apil De Leon,
Director of Housing
Rehabilitation
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KEY STAFF/TEAM
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Key Staff/Team
Solon Escobar, MBA - Chief Financial Officer
2018 - Present
California State University, Los Angeles
• B.S., Business Administration, Accounting
Keller Graduate School of Management
• Master in Business Administration, Finance
Role in Project
• Solon Escobar is a Chief Financial Officer with more than 25 years working for nonprofit and for profit organizations. Solon manages all the finances and lending activities for NPHS. He is responsible for safeguarding NPHS’ assets, developing annual budgets, forecasting, financial statement presentation to the board of directors and the finance committee. In addition, Solon ensures that NPHS is in compliance with GAAP accounting and that its annual financial audit has no material findings. Solon will be responsible for all payments and invoicing.

Work History/Experience
• Responsible for Loan Servicing Area: Execute quality control measures, ensure all loan servicing disclosures are error free, conduct detailed root analysis of client issues and problems, monitor, coordinate loan payoffs, disbursements demands, review completed audit disbursement, loan reconciliation and reports from specialists, ensure all procedures adhere with company policies and government regulations, and support clients in adherence with established guidelines, selling requirements and servicing.

Jesse Ibarra - Chief Business Officer
2023 - Present
Role in Project:
• Provide oversight on all program and lending activities to ensure successful implementation, evaluation, timelines and coordination of services.
• Monitor the underwriting activities to ensure compliance with applicable local, State, and Federal laws and agency guidelines.

Work History/Experience:
• Jesse Ibarra is Chief Business Officer at NPHS. He is a community and economic development executive with 20-years experience in residential and commercial real estate, and specializes in down payment assistance, home rehabilitation programs, and for-sale affordable housing development. He has a proven ability to administer contracts for local municipalities offering extensive abilities in successfully achieving goals, recognizing objectives, and meeting deadlines.

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Greg O’Donnell - Chief Impact Officer
2007 - Present
California State University, Fullerton
• Bachelor of Arts in Business Administration, Marketing Role in Project
• Oversee all internal marketing activities for the Housing Rehabilitation Program, including social media, online newsletters and website.
• Work closely with City staff to market the program
Work History/Experience
• Greg is a community development professional and social entrepreneur with over 16 years of experience in fundraising, marketing, graphic/web design, and project management.

Stemming from a creative background, he leverages this unique mix of skills to build, manage and promote programs and services that lead to the development of sustainable communities and create unique opportunities for underserved families and individuals. He serves as the Chief Impact Officer at NPHS and oversees the organization’s resource development, marketing, and communication strategies.

April De Leon - Director of Housing Rehabilitation
2016 - Present
• HUD Certified Housing Counselor
California State University, Los Angeles
Skadron College, San Bernardino, CA
Role in Project:
• Managing all prospective and qualified applicants for OOR program files in compliance with HOME and CDBG, CHDO programs and provide reporting data on monthly and/or quarterly basis to partner City staff and assist with preparing production and pipeline reporting.

Work History/Experience:
• April has over 15 years of housing counseling education consisting of a reverse mortgage certification and HUD Housing Counselor Certification as well as managing the OOR department. With her team they are increasing the number of clients that are being helped in all Owner Occupied (OOR) Rehab Programs by managing client intake applications and files.

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Gabriela Lopez - Assistant Project Coordinator
2021 - Present
Riverside City College
• Associates., Behavioral Science
Role in Project
• Gabriela will assist with all scope of work contracts, overseeing rehabilitation activities, and monitoring all work done by contractors to meet deadlines and to stay on budget. As part of NPHS’ application screening and processing, Gabriela will be handling the preparation of all required documentation for bid walks (i.e. Scope of Work, Termite Reports, Lead Based Paint Reports – if applicable) and assist in the distribution of bid requests to all participating contractors. Keep record of licenses on yearly basis or sooner if needed.

Work History/Experience
• Gabriela has over 5 years of customer service experience. As a major asset to NPHS’ OOR department, Gabriela plays a major role in increasing the number of clients that are being assisted in all Owner Occupied (OOR) Rehab Programs by managing client intake applications and files.

Giuliano Djen - Marketing and Fundraising Specialist
2019 - Present
California State Polytechnic University, Pomona
• Bachelor of Science, Journalism
Role in Project
• Assist in overseeing all internal marketing activities for the Housing Rehabilitation Program, including social media, online newsletters, and website. • Work closely with City staff to marketing the program Work History/Experience
• Giuliano Djen is the Marketing and Fundraising Specialist at Neighborhood Partnership Housing Services, Inc., and has been with the organization for 5 years. First as an Americorp VISTA and eventually joining the team as a full-time employee in August 2020. Giuliano works closely with NPHS’ Chief Impact Officer to attract investments that support NPHS’ programs and services. Giuliano is responsible for assisting in the implementation of NPHS’ marketing and public relations strategy.

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References
City of Riverside
Andrea Robles | Project Coordinator
3900 Main Street, 7th Floor
Riverside, CA 92522
Phone: 951-826-2279
Email: [email protected]
NPHS currently administers the City of Riverside Housing Rehabilitation Program. The City of Riverside’s Housing Rehabilitation Program helps low income households rehabilitate their homes. Low interest loans and a limited number of grants are available to help finance housing repairs for income eligible homeowners living in the City of Riverside. The loans provide up to $60,000 for rehabilitation and are interest-free and payment is deferred for 30-years for qualified homeowners. A Deed of Trust is used to secure the loan (as a lien on the property) where deferred loans become due and payable upon the resale, transfer of title, refinancing of the property with cash out, or death of borrower, whichever comes first.

City of Chino
Pat Cacioppo | Management Assistant
13220 Central Avenue
Chino, CA 91710
Phone: 909-334-3355
Email: [email protected]
NPHS currently administers the City of Chino’s Safe Homes for Seniors Home repair program. The City of Chino Healthy Homes grant is up to $5,000. Applicants must live in Chino and be at least 62 years of age or be disabled with mobility issues. Applications are prioritized for funding purposes on a first-come, first-served basis. Therefore, you are required to complete and return the application within 30 days.

Homeowners whose applications have been accepted for this Program will receive a ONE-TIME GRANT in an amount up to $5,000 for eligible home repairs and in accordance with NPHS’ housing rehabilitation standards as set forth in the Housing Code. The finished rehabilitation work must be free of any Health and Safety Code, Building Code, or other State and local code violations and must, at a minimum, meet Section 8 Housing Quality Standards (HQS).

City of Chino Hills
Alma Hernandez | Senior Management Analyst
14000 City Center Drive
Chino Hills, CA 91709
Phone: 909-364-2717
Email: [email protected]
NPHS currently administers the City of Chino Hills Owner-Occupied Home Improvement Program.

The City-wide Home Improvement Grant Program provides eligible homeowners with grants to assist in revitalizing their properties. Funding is provided by the U. S. Department of Housing and Urban Development Community Development Block Grant Program. Grants will be available up to $7,500.

MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 297 of 348 9551 Pittsburgh Avenue
Rancho Cucamonga, CA 91730 17 | Page

CONTRACTOR INFORMATION
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 298 of 348 9551 Pittsburgh Avenue
Rancho Cucamonga, CA 91730 18 | Page
Contractor Information
Arturo J. Pineda, President
22063 Rosary Ave
Nuevo CA 92567
License #889740
Phone: 951-385-9149
Pineda Construction
NPHS’ rigorous screening procedure ensures that contractors and vendors deliver the utmost quality of work and service to program participants. NPHS works with various approved contractors to assist homeowners with home repairs. In addition, below are three of NPHS’ currently approved contractors and a list of references:

Pineda Construction has previously worked with the City of Perris through its owner occupied rehabilitation program, as well as the Housing Authority of the County of San Bernardino and Riverside through their Home programs. Pineda Construction has been key player in NPHS’ previous and ongoing City projects, including: the City of Chino, Chino Hills, and Riverside.

Reference 1
Gary & Roselyn Thompson
9485 Randolph St Riverside CA 92503
Phone: 951-396-5113
Work Completed: Roof replacement, bathroom restoration, and flooring repairs.

Reference 2
Gloria Tarin
12400 Cypress Ave Spc 45
Chino CA 91710
Phone: 951-385-9149
Work Completed: Front door replacement, carport repair, air vents, electrical-outlets and switch replacements.

Reference 3
Margaret Ventura
12400 Cypress Ave #119
Chino CA 91710
Phone: 626-417-8224
Work Completed: Replacement of heater door closet, walk up ramp & landing, entry door replacement, and rear steps replacement.

MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 299 of 348 9551 Pittsburgh Avenue
Rancho Cucamonga, CA 91730 19 | Page
8891 Mission Blvd
Riverside CA 92509
License #914764
Phone : 909-376-7032
DPD Construction
DPD is a licensed General Engineering and Building Contractor established in 2007, and with over 44 years of combined experience has worked with both the County of Riverside and San Bernardino Housing Authorities. DPD Construction has been vital to NPHS’ previous and current CIty projects within the City of San Bernardino, Fontana, Hemet, and Banning.

Reference 1
Jose De Jesus & Maria Del Rio
1385 Canyon Rd
San Bernardino, CA 92404
Phone: 909-252-1064
Work Completed: Interior painting, Exterior painting, roof replacement, plumbing, replacement of tub into a walk in shower and shower fixtures.

Reference 2
Sherry Banuelos
149 E. Cheshire Ln
San Bernardino CA 92408
Phone: 909-213-6911
Work Completed: dry wall repair in bedroom living room and guest bathroom complete rehab, master bathroom tub replacement and shower door.

Reference 3
Bethene Ellison
15477 Oakdale Rd
Chino Hills CA 91709
Phone:909-393-6711
Work Completed: Sliding door replacement, Replacement of garage door and frame, painting of fascia boards, smoke detectors and carbon monoxide detectors.

MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 300 of 348 9551 Pittsburgh Avenue
Rancho Cucamonga, CA 91730 20 | Page
Reference 1
Maria Sanchez
6567 Germantown Ct
Chino CA 91710
Phone:951-416-5767
Work Completed: Installed 18 energy-efficient windows and one patio door.

Reference 2
Lupe Solis
3457 Terrace Dr
Chino Hills CA 91709
Phone:909-263-5415
Work Completed: 7 windows and sliding glass door replaced.

Reference 3
Jesse Benavente
12754 Witherspoon Rd
Chino CA 91710
Phone: 909-680-2443
Work Completed: Complete rehabilitation of guest bathroom. 19321 Pyramid Circle
Lake Elsinore CA 92530
Phone: 951-294-7042
License#1024930
Nochis Construction
Nochis construction is a one stop shop with over 20 years of experience.

They not only do residential construction/rehab but also commercial.

Nochis construction prides them selves on personal referrals. For NPHS Nochis construction has been on our approves vetted list for over 5 years assisting with the County of Riverside, City of Riverside, City of San Bernardino, Chino and Chino Hills.

MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 301 of 348

CITY COUNCIL

AGENDA REPORT
DATE: JUNE 16, 2025
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 15
FILE I.D.: PRK800
DEPT.: PUBLIC WORKS
PREPARER: R. HOERNING
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 25–34 WITH THE U.S. ARMY CORPS OF ENGINEERS, LOS ANGELES DISTRICT, A NON–EXCLUSIVE ACCESS EASEMENT FOR

PROPERTY LOCATED EAST OF THE SAN ANTONIO CREEK CHANNEL AND SOUTH OF

RICHTON STREET AND THE UNDEVELOPED PORTION OF HUNTINGTON DRIVE (APN 1007–722–07), SUBJECT TO ANY REVISIONS DEEMED NECESSARY BY THE CITY

ATTORNEY
CONSIDER AUTHORIZING CITY MANAGER EDWARD C. STARR TO SIGN AGREEMENT NO. 25–34
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 25–34 with the U.S. Army Corps of Engineers (ACOE), Los Angeles District, a non–exclusive access easement for property located east of the San Antonio Creek Channel and south of Richton Street and the undeveloped section Huntington Drive (APN 1007–722–07).

A copy of proposed Agreement No. 25–34 is attached for City Council review and consideration.

BACKGROUND: On August 15, 2022, the City Council approved Tentative Parcel Map 20474 for the development of a 302–unit apartment community on 9.96 acres (Marlowe Development also known as Montclair Station Apartments, LLC). As part of the conditions of approval, the developer conditions included a requirement to construct the extension of Richton Street to Huntington Drive, including a new bridge over the ACOE San Antonio Creek Channel. The bridge design provides for a smooth roadway and for the necessary utilities to serve the development. This design impedes the ACOE existing maintenance access along the San Antonio Creek channel at the new bridge. The San Antonio Creek Channel spans the entirety of the City of Montclair continuing northerly to the San Antonio Dam. Two access easement segments across City owned property are necessary to restore the ACOE maintenance access capacity along San Antonio Creek Channel corridor. This access easement agreement is necessary to meet the ACOE requirements associated with allowing permission to construct the new City bridge needed to serve the development. The access road designed minimizes the impact to the City–owned property.

FISCAL IMPACT: This action would have no direct fiscal impact to the General Fund.

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

1. Approve Agreement No. 25–34 with the U.S. Army Corps of Engineers, Los Angeles District, to grant a non–exclusive access easement located east of San Antonin Creek Channel and south of Richton Street and the undeveloped portion of Huntington Drive (APN 1007–722–07), subject to any revisions deemed necessary by the City Attorney; and

2. Authorize City Manager Edward C. Starr to sign Agreement No. 25–34.

MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 302 of 348 1 RECORDING REQUESTED BY:

WHEN RECORDED, RETURN TO:

Montclair Station Apartments Owner,
LLC.

Attn: E. Garth Erdossy
5790 Fleet Street, Suite 140
Carlsbad, CA 92008
(Space Above Line for Recorder’s Use Only)
APN: 1007-722-07

ACCESS EASEMENT AGREEMENT
THIS ACCESS EASEMENT AGREEMENT (“Agreement”) is made as of ______________, 2025 (“Effective Date”), between The City of Montclair (“Owner”), and the Department of the Army Corps of Engineers, Los Angeles District (“ACOE”) (Owner and ACOE are each sometimes individually referred to herein as a “Party” and sometimes collectively as the “Parties”), who agree as follows:

1. Recitals. This Agreement is made and entered into in contemplation of the following facts and circumstances:

1.1 Owner is the owner of certain real property in the City of Montclair, California, described on Exhibit A attached hereto and incorporated herein by this reference (“Owner Property”).

1.2 Owner desires to grant to ACOE a non-exclusive easement over a described portion of the Owner Property upon and subject to the provisions and conditions set forth herein.

2. Owner Warranty. Owner hereby represents and warrants to ACOE that Owner has the power and authority to enter into this Agreement and to bind the Owner Property pursuant to the provisions and conditions hereof.

3. Easement. Owner hereby grants to the ACOE a non-exclusive easement for ACOE ingress and egress over that certain portion of the Owner Property described on Exhibits B & C attached hereto and incorporated herein by this reference (“Easement”) (“Easement Area”).

Agreement No. 25-34
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 303 of 348 2 4. Maintenance of Easement Area. Owner shall be responsible, at its cost, for maintaining, repairing, replacing, and operating the Easement Area; provided, however, ACOE shall be responsible for repairing or replacing any property within the easement area that it damages.

5. Rules and Regulations. Owner shall have the right to adopt, from time to time, non-discriminatory rules and regulations relating to the use of the Easement Area.

6. Cooperation and Reasonable Care. The Parties shall reasonably cooperate with each other, in good faith, in connection with the rights and obligations provided for pursuant to this Agreement.

7. Mortgagee Rights.

7.1 Notwithstanding the other provisions and conditions hereof, no breach of this Agreement, nor the enforcement of any provision or condition hereof, shall defeat or render invalid the rights of a mortgagee or beneficiary (each, “Mortgagee”) under any recorded mortgage or deed of trust on the Owner Property, or any part thereof, provided that after such Mortgagee obtains title thereto by judicial foreclosure or by means of the powers set forth in such mortgage, or deed of trust, or by deed in lieu of foreclosure, the Property, as applicable, shall remain subject to this Agreement.

7.2 Notwithstanding any other provision or condition herein to the contrary, to be effective, any amendment of this Agreement and any termination of this Agreement must be approved in writing by Mortgagee.

8. Miscellaneous.

8.1 Notices. Notice to be given to a Party or Mortgagee must be in writing and shall be delivered to the Party or Mortgagee, as applicable, personally, by regular United States mail, postage prepaid, or by any system or technology designed to record and communicate messages, telegraph, facsimile, electronic mail, or other electronic means, and any notice to a Party shall be delivered to the following address, or such other address furnished by such Party to the other Party:

If to Owner:

The City of Montclair
Attn: Edward C. Starr, City Manager
5111 Benito Street
Montclair, CA 91763
Phone: 909-625-9405
Email: [email protected]
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 304 of 348 3 If to ACOE:

U.S. Army Corps of Engineers, Los Angeles District
915 Wilshire Blvd, Ste 1109
Los Angeles CA 90017
Attn Chief Real Estate Division
Phone: (213) 452-3147
Email: [email protected]

8.2 Interpretation. The captions of the various provisions and conditions of this Agreement are for convenience and identification only and shall not be deemed to limit or define the contents thereof. This Agreement shall be construed in accordance with the laws of the State of California. Time is of the essence in this Agreement.

8.3 Entire Agreement. This Agreement supersedes all prior written or verbal representations or declarations of the Parties with respect to the subject matter hereof.

8.4 Binding Effect Covenants Running with Land. The covenants contained in this Agreement shall constitute covenants running with the land pursuant to California Civil Code Section 1468; shall be binding upon, and shall inure to the benefit of, the Owner Property and any portion thereof or interest therein; and shall be binding upon, and shall inure to the benefit of the Parties and any person having or acquiring any interest therein and their successors and assigns.

8.5 Estoppel Certificate. Each Party to this Agreement shall, within ten (10) days after the written request of any other Party, issue to the requesting Party, or to any prospective Mortgagee or purchaser from such requesting Party, an estoppel certificate stating: (a) whether the Party to whom the request has been directed knows of any default under this Agreement and, if there are known defaults, specifying the nature thereof; (b) whether, to the best knowledge of such Party, this Agreement has been modified or amended in any respect, and, if there are known amendments, specifying the nature thereof; and (c) whether, to the best knowledge of such Party, this Agreement is, at that time, in full force and effect.

8.6 Severability. If any clause, sentence, or other portion of this Agreement shall become illegal, null, or void for any reason, or shall be held by any court of competent jurisdiction to be so, the remaining portions thereof shall remain in full force and effect.

8.7 Attorneys’ Fees; Court Costs. If any action or proceeding is instituted to enforce or interpret any of the provisions and conditions of this Agreement or for damages on account of the breach of this Agreement, the prevailing Party in any such action or proceeding shall be entitled to recover from the other Party its attorneys’ fees and costs.

MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 305 of 348 4 8.8 Amendments. No amendment may be made to this Agreement unless set forth in writing and duly recorded in the Official Records of the County of San Bernardino.

8.9 Exhibits. Each of the Exhibits attached hereto is incorporated herein by this reference.

8.10 Effect of Agreement; Binding Covenants; Equitable Servitudes.

Except as otherwise expressly provided herein, no rights or privileges conferred upon the Parties to this Agreement by this Agreement shall inure to the benefit of any other person or entity other than the Parties or their successors and assigns, nor shall any such other Party be deemed to be a third-party beneficiary of any of the provisions contained herein.

Each and all the restrictions, covenants, and easements of this Agreement shall constitute equitable servitudes which shall apply to and be binding on the Parties hereto and each and all their respective successors, assigns, and Mortgagees.

8.11 Indemnity.
(a) ACOE agrees to indemnify, defend and hold harmless Owner, its officers, agents, employees and representatives from and against any and all claims, losses, liabilities or damages, demands and actions, including payment of reasonable attorneys’ fees, caused by the use of the Easement Area by ACOE or by any negligent or willful act or omission of ACOE, its officers, agents, and employees or anyone acting on behalf of the ACOE.
(b) Owner agrees to indemnify, defend and hold harmless ACOE, its officers, agents, employees and representatives from and against any and all claims, losses, liabilities or damages, demands and actions, including payment of reasonable attorneys’ fees, arising out of or resulting from the performance of Owner’s obligations pursuant to this Agreement or failure to perform, that are caused by any negligent or willful act or omission of Owner, its officers, agents, employees, or anyone acting on behalf of Owner.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 306 of 348 5 OWNER:

The City of Montclair, a California municipal corporation By: _______________________________
Name: ___________________
Title: ________________
ACOE:

Department of the Army Corps of Engineers, Los Angeles
District
By:

Name: Cheryl L. Connett
Title: District Chief, Real Estate Division,
Real Estate Contracting Officer
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 307 of 348 6 ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) ss.

COUNTY OF [_________] )
On ________________________, before me, ________________________, Notary Public, personally appeared ________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Notary Public in and for said
County and State
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 308 of 348 7 ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) ss.

COUNTY OF [_________] )
On ________________________, before me, ________________________, Notary Public, personally appeared ________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Notary Public in and for said
County and State
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 309 of 348

EXHIBIT A

LEGAL DESCRIPTION
Real property in the City of Montclair, County of San Bernardino, State of California, described as follows”
PARCEL 2 OF PARCEL MAP NO. 17667, IN THE CITY OF MONTCLAIR, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 216, PAGES 79 THROUGH 81 INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER

OF SAID COUNTY
APN: 1007-722-07
:

MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 310 of 348

EXHIBIT B

LEGAL DESCRIPTION

ACOE ACCESS EASEMENT

CITY OF MONTCLAIR

PARCEL A
A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 1 SOUTH, RANGE 8 WEST, SAN BERNARDINO MERIDIAN ACCORDING TO THE OFFICIAL PLAT APPROVED BY THE SURVEYOR, DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHWESTERLY CORNER OF PARCEL 1 OF PARCEL MAP NO. 17667 FILED IN BOOK 216 PAGES 79 THROUGH 81 OF PARCEL MAPS IN SAID OFFICE OF

THE COUNTY RECORDER SAID CORNER ALSO BEING THE NORTHEASTERLY TERMINUS OF

THE CENTERLINE OF THE EASEMENT SHOWN ON THE RECORD OF SURVEY FILED IN BOOK 126 PAGES 25 AND 26 OF RECORD OF SURVEYS IN SAID OFFICE OF THE COUNTY RECORDER;

THENCE ALONG THE SOUTHERLY LINE OF HUNTINGTON DRIVE AS SHOWN ON SAID RECORD OF SURVEY SOUTH 82°36'21" WEST, 48.21 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID LINE, SOUTH 82°36'21" WEST, 256.10 FEET; THENCE NORTH 18°25'37" EAST, 16.66 FEET;
THENCE NORTH 82°36'21" EAST, 260.96 FEET;
THENCE SOUTH 31°32'29" WEST, 19.28 FEET TO THE TRUE POINT OF BEGINNING.

THE ABOVE DESCRIBED PARCEL CONTAINS 3878 SQUARE FEET OR 0.089 ACRES, MORE OR LESS.

PARCEL B
A PORTION OF PARCEL 2 OF PARCEL MAP NO. 17667 IN THE CITY OF MONTCLAIR, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, FILED IN BOOK 216 PAGES 79 THROUGH 81 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY, DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHWESTERLY CORNER OF PARCEL 1 OF SAID PARCEL MAP,

SAID CORNER ALSO BEING THE NORTHEASTERLY TERMINUS OF THE CENTERLINE OF THE EASEMENT SHOWN ON THE RECORD OF SURVEY FILED IN BOOK 126 PAGES 25 AND 26 OF RECORD OF SURVEYS IN SAID OFFICE OF THE COUNTY RECORDER; MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 311 of 348

EXHIBIT B

LEGAL DESCRIPTION

ACOE ACCESS EASEMENT

CITY OF MONTCLAIR
THENCE ALONG THE CENTERLINE OF THE EASEMENT DEED RECORDED SEPTEMBER 19, 1958 IN BOOK 4608 PAGE 58 AS SHOWN ON SAID RECORD OF SURVEY, SOUTH 31°32'29" WEST, 187.87 FEET;
THENCE LEAVING SAID CENTERLINE, SOUTH 58°27'31" EAST, 37.50 FEET TO SOUTHEASTERLY SIDELINE OF SAID EASEMENT AND THE TRUE POINT OF BEGINNING; THENCE ALONG SIDELINE OF SAID EASEMENT NORTH 80°19'19" EAST, 24.64 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 38.00 FEET; THENCE EASTERLY ALONG SAID CURVE AN ARC LENGTH OF 22.96 FEET THROUGH A CENTRAL ANGLE OF 34°37'10";
THENCE SOUTH 65°03'31" EAST, 12.65 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 47.00 FEET;
THENCE EASTERLY ALONG SAID CURVE AN ARC LENGTH OF 20.48 FEET THROUGH A CENTRAL ANGLE OF 24°57'48";
THENCE NORTH 89°58'41" EAST, 48.13 FEET;
THENCE NORTH 00°01'19" WEST, 23.21 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF RICHTON STREET AS SHOWN ON SAID PARCEL MAP;
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, SOUTH 89°58'41" WEST, 12.00 FEET;
THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY LINE, SOUTH 00°01'19" EAST, 11.21 FEET;
THENCE SOUTH 89°58'41" WEST, 36.13 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 35.00 FEET;
THENCE WESTERLY ALONG SAID CURVE AN ARC LENGTH OF 15.25 FEET THROUGH A CENTRAL ANGLE OF 24°57'48";
THENCE NORTH 65°03'31" WEST, 12.65 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 50.00 FEET;
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 312 of 348

EXHIBIT B

LEGAL DESCRIPTION

ACOE ACCESS EASEMENT

CITY OF MONTCLAIR
THENCE WESTERLY ALONG SAID CURVE AN ARC LENGTH OF 7.36 FEET THROUGH A CENTRAL ANGLE OF 08°26'09" TO SAID SOUTHERLY RIGHT-OF-WAY LINE OF RICHTON STREET AS SHOWN ON SAID PARCEL MAP;

THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE NON-TANGENT TO SAID CURVE, SOUTH 89°58'41" WEST, 30.59 FEET;
THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY LINE, SOUTH 80°19'19" WEST, 6.03 FEET TO SAID SOUTHEASTERLY SIDELINE;
THENCE ALONG SAID SOUTHEASTERLY SIDELINE SOUTH 31°32'29" WEST, 15.95 FEET TO THE TRUE POINT OF BEGINNING.

EXCEPTING THEREFROM ANY PORTION LYING WITHIN RICHTON STREET.

THE ABOVE DESCRIBED PARCEL CONTAINS 1,589 SQUARE FEET OR 0.036 ACRES, MORE OR LESS.

THIS DESCRIPTION WAS PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS' ACT.

KURT R. TROXELL, P.L.S. 7854
DATE PREPARED: 5/13/2025
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 313 of 348 949.474.1960
15535 Sand Canyon Ave, Suite 100
Irvine, California 92618
fuscoe.com
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 314 of 348 949.474.1960
15535 Sand Canyon Ave, Suite 100
Irvine, California 92618
fuscoe.com
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 315 of 348

CITY COUNCIL

AGENDA REPORT
DATE: JUNE 16, 2025
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 16
FILE I.D.: STA819A
DEPT.: PUBLIC WORKS
PREPARER: R. HOERNING
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 25–35, AMENDMENT NO. 1 TO AGREEMENT NO. 22–37 WITH AGA ENGINEERS, INC. FOR PLANS AND

SPECIFICATIONS RELATED TO THE ARROW HIGHWAY AND CENTRAL AVENUE

IMPROVEMENT PROJECTS, SUBJECT TO ANY REVISIONS DEEMED NECESSARY BY THE

CITY ATTORNEY
REASON FOR CONSIDERATION: The City Council is requested to approve Agreement No. 25–35, Amendment No. 1 to Agreement No. 22–37 with AGA Engineers, Inc. for plans and specifications related to the improvements on Arrow Highway and Central Avenue, subject to any revisions deemed necessary by the City Attorney.

A copy of proposed Agreement No. 25–35, Amendment No. 1 to Agreement No. 22–37 with AGA Engineers, Inc., is attached for City Council’s review and consideration.

BACKGROUND: On May 2, 2022, the City Council approved Agreement No. 22–37 with AGA Engineers, Inc. (AGA) for preparation of plans and specifications for the construction of traffic signal upgrades and traffic signal interconnect and broadband fiber optic improvements for the Arrow Highway and Central Avenue Projects. The current agreement with AGA expires June 30, 2025. Improvements on Arrow Highway and Central Avenue are part of the North Montclair revitalization effort, which includes incorporating complete street concepts and street beautification elements.

Arrow Highway street improvements were delayed due to a number of underground utilities that needed to be constructed first, including completing an update of the City’s 2017 Sewer Master Plan. Additionally, the Arrow Highway and Fremont Avenue Design Project was separated into three projects to support and coordinate with adjacent development work (Village Partners development), Southern California Edison (SCE) scheduling delays, and to complement grant funding. The Central Avenue improvements, which are a part of Agreement No. 22–37, have been delayed to develop the final street configuration design, secure Caltrans permits, and coordinate with Omnitrans on proposed bus stop adjustments.

Arrow Highway Project construction is scheduled to begin before Central Avenue; however, the agreement covers both projects. As such, staff is recommending Amendment No. 1 to Agreement No. 22–37 be approved to extend the contract period to June 30, 2028, to allow additional time to complete the design work for Central Avenue.

FISCAL IMPACT: The Amendments provide for a time extension to continue the design work for this project. It would not impact the total costs for the projects or place additional burdens on the City’s General Fund.

RECOMMENDATION: Staff recommends that the City Council approve Agreement No. 25–35, Amendment No. 1 to Agreement No. 22–37 with AGA Engineers, Inc. for plans and specifications related to the Arrow Highway and Central Avenue Improvement Projects, subject to any revisions deemed necessary by the City Attorney.

MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 316 of 348

Agreement No. 25–35
AMENDMENT NO. 1 TO AGREEMENT NO. 22–37
City of Montclair Professional Services Agreement
For Traffic Engineering
WHEREAS, the City of Montclair (CITY) and AGA Engineers, Inc. (CONSULTANT) previously entered into Agreement No. 22–37 (hereinafter referred to as “the AGREEMENT”), for design services associated with the Traffic Engineering for Arrow Highway and Central Avenue projects (“PROJECT”); and, WHEREAS, PROJECT design is approximately 60 percent complete; and, WHEREAS, the AGREEMENT expires on June 30, 2025 and a contract term extension is necessary to finalize the design of the PROJECT.

NOW, THEREFORE, in consideration of the mutual covenants and conditions provided herein, CITY and CONSULTANT hereto agree to Agreement No. 25–35 as follows:

1. Section 1. TERM – replace June 30, 2025 with June 30, 2028 Except as amended by this Amendment No. 1, all other terms and conditions of Agreement 22–37 shall remain the same.

This Amendment No. 1 to the AGREEMENT, Agreement No. 25–35, is effective on the date it is approved and signed by CITY and CONSULTANT.

CITY: City of Montclair CONSULTANT: AGA Engineers, Inc.

By: _____________________________
John “Javier” Dutrey, Mayor
By: _____________________________
Chalap K. Sadam, President & Secretary
Attest:

By: ___________________________
Andrea M. Myrick, City Clerk
By: _____________________________
Greg Wong, Vice President
Approved as to Form:

By: ___________________________
Diane Robbins, City Attorney
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 317 of 348

CITY COUNCIL

AGENDA REPORT
DATE: JUNE 16, 2025
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 17
FILE I.D.: STA815
DEPT.: PUBLIC WORKS
PREPARER: R. HOERNING
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 25–36, AMENDMENT NO. 1 TO AGREEMENT NO. 22–84 WITH HR GREEN PACIFIC FOR THE PREPARATION OF PLANS

AND SPECIFICATIONS FOR CONSTRUCTION OF MEDIAN AND STREET

REHABILITATION IMPROVEMENTS RELATED TO THE HOLT BOULEVARD MEDIAN AND

STREET REHABILITATION PROJECT, SUBJECT TO ANY REVISIONS DEEMED NECESSARY

BY THE CITY ATTORNEY
CONSIDER AUTHORIZING A $30,340 APPROPRIATION FROM THE 2021 LEASE REVENUE BOND FUND FOR COSTS RELATED TO AGREEMENT NO. 25–36, AMENDMENT NO. 1 TO AGREEMENT NO. 22–84
CONSIDER APPROVAL OF AGREEMENT NO. 25–37, AMENDMENT NO. 1 TO AGREEMENT NO. 22–85 WITH AGA ENGINEERS, INC. FOR THE PREPARATION OF

PLANS AND SPECIFICATIONS FOR CONSTRUCTION OF TRAFFIC SIGNAL UPGRADES

ON HOLT BOULEVARD FROM RAMONA TO BENSON AVENUES RELATED TO THE HOLT

BOULEVARD MEDIAN AND STREET REHABILITATION PROJECT, SUBJECT TO ANY

REVISIONS DEEMED NECESSARY BY THE CITY ATTORNEY
REASON FOR CONSIDERATION: The City Council is requested to approve Agreement No. 25–36, Amendment No. 1 to Agreement No. 22–84 with HR Green Pacific for the preparation of plans and specification for street improvements on the Holt Boulevard median; and Agreement No. 25–37, Amendment No. 1 to Agreement No. 22–85 with AGA Engineers, Inc. for the preparation of plans and specifications related to the construction of traffic signal upgrades on Holt Boulevard from Ramona Avenue to Bensons Avenue.

A copy of Agreement Nos. 25–36 with HR Green Pacific and 25–37 with AGA Engineers, Inc. are attached for City Council review and consideration.

BACKGROUND: On August 15, 2022, the City Council approved Agreement No. 22–84 with HR Green Pacific and Agreement No. 22–85 with AGA Engineers, Inc. (AGA) for preparation of plans and specifications for the construction of street and median improvements on Holt Boulevard and for the preparation of plans and specifications for the construction of traffic signal upgrades on Holt Boulevard from Ramona Avenue to Benson Avenue.

The City Council is requested to consider approval Agreement No. 25–36 with HR Green for an extension and adjustment in design services in the amount of $30,340 to provide for a water extension to supply recycled water for median landscaping, adjust for project delays, and for additional miscellaneous engineering services. A copy of the current Capital Project Funding Information is attached for reference.

The Holt Boulevard Improvement Project design was placed on hold to pursue investigation with adjacent property owners regarding the reduction of driveways along the corridor and to allow the West Valley Connector Project construction to be completed in advance of these improvements. Both proposed amendments provide for a contract period extension to June 30, 2027 to allow the additional time to complete the design work.

MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 318 of 348 During the design phase, it was determined an existing recycled water main exists on Central Avenue very near Holt Boulevard. Given the California’s strict water restrictions, recycled water is a preferred source of water for landscape purposes. The engineering necessary to provide recycled water to the project was not part of the original project scope of services. The proposed increase in design costs recommended in Agreement No. 25–36 is to provide the necessary design plans and specifications to extend the recycled water main in Central Avenue to Holt Boulevard and to irrigate the Holt Boulevard median with Montclair’s non–potable recycled water supply.

FISCAL IMPACT: The recommended Amendments to Agreements Nos. 25–36 provide for a time extension to continue the design work for this project. An additional $30,340 will allow the use of recycled water in the median to adjust for project delays and for additional miscellaneous engineering services that would be funded by the 2021 Lease Revenue Bonds.

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

1. Approve Agreement No. 25–36, Amendment No. 1 to Agreement No. 22–84 with HR Green Pacific for the preparation of plans and specifications for construction of median and street rehabilitation improvements related to the Holt Boulevard Median and Street Rehabilitation Project, subject to any revisions deemed necessary by the City Attorney;

2. Authorize a $30,340.00 appropriation from the 2021 Lease Revenue Bond proceeds for costs related to Agreement No. 25–36, Amendment No. 1 to Agreement No. 22–84; and

3. Approve Agreement No. 25–37, Amendment No. 1 to Agreement No. 22–85 with AGA Engineers, Inc. for the preparation of plans and specifications for construction of traffic signal upgrades on Holt Boulevard from Ramona to Benson Avenues related to the Holt Boulevard Median and Street Rehabilitation Project, subject to any revisions deemed necessary by the City Attorney.

MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 319 of 348 Project Name:

Project Details:Project No. (Assigned by Finance): 21015 Phase Prior Years 2022/2023 2023/2024 2024/2025 2025/2026 2026/2027 Total Fund/Program EnvironmentalDesign 503,000.00 30,340.00 533,340.00 2021 Lease Revenue Bonds
R/W AcquisitionConstruction 2021 Lease
Revenue Bonds
Total 0.00 503,000.00 0.00 30,340.00 0.00 0.00 533,340.00 Approvals:Department: By: Date:

Finance By: Date:City Council Date:

Total Project
Cost: 533,340.00
Revision Number:

Holt Boulevard Median and Street Rehabilitation Project Fiscal Years
Preparation Date: June 5, 2025 Department: Public Works Contact/Ext.: Rosemary Hoerning
Infrastructure Fund
Capital Project Funding Information
Median Landscape/Hardscape and Street Rehabilitation, Bufferred Bicycle Lane & Traffic Signal (TS) Upgrades and Fiber Optic TS Interconnect/Citywide Broadband Initiative support MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 320 of 348

AGREEMENT NO. 25-36
AMENDMENT NO. 1 TO AGREEMENT NO. 22–84
City of Montclair Professional Services Agreement
Holt Boulevard Street Rehabilitation Project
WHEREAS, the City of Montclair (CITY) and HR Green Pacific, Inc. (CONSULTANT) previously entered into Agreement No. 22–84 (hereinafter referred to as “the AGREEMENT”), for design services associated with the Traffic Engineering – Holt Boulevard Project (“PROJECT”); and, WHEREAS, PROJECT design is approximately 60 percent complete; and, WHEREAS, the AGREEMENT expires on June 2024 and a contract term extension is necessary to finalize the design of the PROJECT.

NOW, THEREFORE, in consideration of the mutual covenants and conditions provided herein, CITY and CONSULTANT hereto agree to Amend Agreement No. 22–84 as follows:

1. Section 1. TERM – replace June 2024 with June 30, 2027

2. Section 5. (a) PAYMENT – replace three hundred four thousand four hundred thirty dollars and seventy five cents ($304,430.75) with three hundred thirty four thousand seven hundred seventy dollars and seventy five cents ($334,770.75).

3. Exhibit “B” add Amendment No. 1 Proposal for additional Engineering and Specifications for Holt Boulevard dated June 2, 2025.

Except as amended by this Amendment No. 1, all other terms and conditions of Agreement 22–84 shall remain the same.

This Amendment No. 1 to the AGREEMENT, Agreement No. 22–84, is effective on the date it is approved and signed by CITY and CONSULTANT.

CITY: City of Montclair CONSULTANT: HR Green Pacific, Inc.

By: _____________________________
John “Javier” Dutrey, Mayor
By: _____________________________
Timothy Harnett, Vice President
Attest:

By: ___________________________
Andrea M. Myrick, City Clerk
By: _____________________________
Jason Poppen, Secretary
Approved as to Form:

By: ___________________________
Diane Robbins, City Attorney
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 321 of 348  1260 Corona Pointe Court | Suite 305
Corona, CA 92879
Main 855.900.4742 + Fax 713.965.0044
 H R G R E E N . C O M
June 2, 2025
Rosemary Hoerning
Executive Director of Engineering/Major Projects Manager City of Montclair
5111 Benito Street
Montclair, CA 91763 Sent via email to: [email protected] Re: Amendment No. 1 Proposal for Engineering Plans and Specifications for Holt Boulevard Street Rehabilitation Project
Dear Rosemary,
As HR Green Pacific, Inc. (HR Green) was previously hired to prepare design plans for the subject improvements, we are submitting this amendment proposal to continue these services for additional scope items that have since been requested for the project.

The added scope of work includes:
▪ On-site improvement plans for 5118 Holt Blvd
▪ Recycled Water Main Extension
▪ To be extended south on Central Ave through Hold Blvd Intersection ▪ Extend west to 2
nd median west of Central along Holt Blvd to provide new meter for irrigation ▪ Additional specifications
▪ Additional cost estimates
▪ Additional project management due to extended project delays ▪ Additional design time to re-submit 60% plans after extended project delay ▪ Additional field visit to confirm base maps after extended project delay Note: No additional survey will be completed for these design details. If additional topographic survey is deemed necessary for this design, we can provide those services for an additional fee.

All other aspects of our original scope of services remain the same.

PROPOSED ADDITIONAL FEE
HR Green proposes to provide these added services for an additional not to exceed fee of $30,340 in accordance with our fee schedule broken down on the attached sheet.

If you have any questions, please contact me at 719.394.2431 or via email at [email protected].

Sincerely,
HR GREEN PACIFIC, INC.

Chase Keys, PE
Engineering Group Leader
Attachment 1
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 322 of 348 HR GREEN - FEE PROPOSAL - AMENDMENT 1
PROJECT NAME: HOLT BOULEVARD STREET REHABILITATION PROJECT PROJECT NUMBER: 2202067
CLIENT: CITY OF MONTCLAIR
CLIENT CONTACT: ROSEMARY HOERNING, PE, PLS, MPA
PROJECT MANAGER: CHASE KEYS
28 64 116
$ 200.00 $ 160.00 $ 125.00
5,600.00 $ 10,240.00 $ 14,500.00 $
30,340.00 $ 30,340.00 $

0.184574819 0.33750824 0.477916941 0.70 $
Keys, Chase Casillas, Arturo Procaccio, Steven

TASK DESCRIPTION OF TASK
PROJ
MGR

PROJ ENGR
STAFF
ENG
Unit Total
PHASE 1A PROJECT MANAGEMENT AND COORDINATION 3,200.00 $ 3,200.00 $ 16 0 0 - - PHASE 3 PRELIMINARY ENGINEERING 2,280.00 $ 2,280.00 $ 0 8 8 -

3.3 Field Reconnaissance 2,280.00 $ 2,280.00 $ 8 8 - $
PHASE 4 PLANS, SPECIFICATIONS, AND ESTIMATES (60%, 90%, AND FINAL) 24,860.00 $ 24,860.00 $ 12 56 108 -

4.1 Improvement Plans - $ - $ - $
- Details (On-Site) 2,680.00 $ 2,680.00 $ 2 8 8 - $
- Street Improvements 5,460.00 $ 5,460.00 $ 2 16 20 - $ - Recycled Water Main Extension 10,860.00 $ 10,860.00 $ 4 16 60 - $ - Signing and Striping (Interim and Final) 3,040.00 $ 3,040.00 $ 2 4 16 - $

4.3 Contract Documents 1,280.00 $ 1,280.00 $ 8 - $

4.4 EOPC 1,540.00 $ 1,540.00 $ 2 4 4 - $
Class IV Med
Mileage Auto Task Total

EXPENSES
TOTAL HOURS 208

COST PER HOUR/UNIT (CHARGE-OUT RATE)

TOTAL LABOR COST

TOTAL PROJECT COSTS
% OF TOTAL LABOR COST
Labor Task Total
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 323 of 348

December 2023
Agreement No. 25–37
AMENDMENT NO. 1 TO AGREEMENT NO. 22–85
City of Montclair Professional Services Agreement
For Traffic Engineering – Holt Boulevard
WHEREAS, the City of Montclair (CITY) and AGA Engineers, Inc. (CONSULTANT) previously entered into Agreement No. 22–84 (hereinafter referred to as “the AGREEMENT”), for design services associated with the Traffic Engineering – Holt Boulevard Project (“PROJECT”); and, WHEREAS, PROJECT design is approximately 80 percent complete; and, WHEREAS, the AGREEMENT expires on June 30, 2025 and a contract term extension is necessary to finalize the design of the PROJECT.

NOW, THEREFORE, in consideration of the mutual covenants and conditions provided herein, CITY and CONSULTANT hereto agree to Amend Agreement No. 22–85 as follows:

1. Section 1. TERM – replace June 2024 with June 30, 2027 Except as amended by this Amendment No. 1, all other terms and conditions of Agreement 22–85 shall remain the same.

This Amendment No. 1 to the AGREEMENT, Agreement No. 22–85, is effective on the date it is approved and signed by CITY and CONSULTANT.

CITY: City of Montclair CONSULTANT: AGA Engineers, Inc.

By: _____________________________
John “Javier” Dutrey, Mayor
By: _____________________________
Chalap K. Sadam, President & Secretary
Attest:

By: ___________________________
Andrea M. Myrick, City Clerk
By: _____________________________
Greg Wong, Vice President
Approved as to Form:

By: ___________________________
Diane Robbins, City Attorney
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 324 of 348

CITY COUNCIL

AGENDA REPORT
DATE: JUNE 16, 2025
SECTION: CONSENT - RESOLUTIONS
ITEM NO.: 1
FILE I.D.: STG085
DEPT.: PUBLIC WORKS
PREPARER: M. HEREDIA
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 25–3483 APPROVING A LIST OF PROJECTS TO BE FUNDED IN FISCAL YEAR 2025–26 BY SENATE BILL 1, THE CALIFORNIA ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
REASON FOR CONSIDERATION: The City Council is requested to consider adoption of Resolution No. 24–3483 approving a list of projects to be funded in Fiscal Year 2025–26 by Senate Bill 1 (SB1), the California Road Repair and Accountability Act of 2017.

SB1 provides state funding to cities and counties for basic road maintenance, rehabilitation, and critical safety projects on the local streets and roads system. To receive funding, the City Council must adopt a resolution specifying the projects for which the City intends to spend its SB1 funding allocation for Fiscal Year (FY) 2025– 2026.

Proposed Resolution No. 25–3483 confirms the allocation of SB1 funding in FY 2025–26 for the Silicon Avenue and Third Street Rehabilitation Project. A copy of the Resolution is attached for City Council review and consideration.

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

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

For FY 2025–2026, it is estimated that the City of Montclair will receive approximately $2,125,954 in RMRA funding, with monthly payments starting in September 2025.

MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 325 of 348 Pursuant to Streets and Highways Code Section 2030, RMRA funds must be used for projects that include but are not limited to the following:
 Road maintenance and rehabilitation;
 Safety projects;
 Railroad grade separations;
 Traffic control devices; and
 Complete street components, including active transportation (bicycle and pedestrian) projects, transit facilities, and storm–water capture projects.

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

Staff has identified one project to be partially funded using RMRA funding:

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

FISCAL IMPACT: Should the City Council adopt Resolution No. 25–3483, SB1 funds for Fiscal Year 2025–26 would be allocated for the Silicon Avenue and Third Street Rehabilitation Project.

RECOMMENDATION: Staff recommends the City Council adopt Resolution No. 25–3483 approving a list of projects to be funded in Fiscal Year 2025–26 by Senate Bill 1, the California Road Repair and Accountability Act of 2017.

MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 326 of 348 Resolution No. 25–3483 Page 1 of 2
RESOLUTION NO. 25–3483

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF MONTCLAIR ADOPTING A LIST OF PROJECTS FOR
FISCAL YEAR 2025–26 FUNDED BY SB 1, THE ROAD
REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi–modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City, will receive an estimated $2,125,954 in RMRA funding in Fiscal Year (FY) 2025–2026 from SB 1; and
WHEREAS, this is the ninth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, the City is using a Five Year Capital Improvement Plan to develop the SB 1 project list to ensure revenues are being used on the most high–priority and cost– effective projects that also meet the communities priorities for transportation investment; and
WHEREAS, the 2023 California Statewide Local Streets and Roads Needs Assessment found that the City streets and roads are in an good condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into excellent condition; and WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting–edge technology, materials and practices, will have significant positive co–benefits statewide.

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

1. The foregoing recitals are true and correct.

2. The following project will be funded in–part with FY 2025–2026 Road Maintenance and Rehabilitation Account revenues:

Project Title: Silicon Avenue & Third Street Rehabilitation Project Project Description: This project includes the removal and replacement of existing curb, gutter, sidewalk, drive approaches,
pavement, catch basins, signing and striping.

Project Location: Silicon Avenue from State Street to Mission Blvd. and Third Street from Silicon Avenue to end of street
Estimated Project
Schedule: Start (02/24) – Completion (2/26)
Estimated Project
Useful Life: 30 years
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 327 of 348 Resolution No. 25–3483 Page 2 of 2
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. 25–3483 was duly adopted by the City Council of said city and was approved by the Mayor of said city at a regular meeting of said City Council held on the XX day of XX, 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 – 06/16/2025 Page 328 of 348

CITY COUNCIL

AGENDA REPORT
DATE: JUNE 16, 2025
SECTION: CONSENT - RESOLUTIONS
ITEM NO.: 2
FILE I.D.: STB300–17
DEPT.: FINANCE
PREPARER: C. GRAVES
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 25–3484 AUTHORIZING PLACEMENT

OF LIENS ON CERTAIN PROPERTIES FOR DELINQUENT SEWER AND TRASH CHARGES REASON FOR CONSIDERATION: Staff has identified 161 sewer and trash accounts in the even–numbered–month billing cycle that are more than three billing periods delinquent. Pursuant to Montclair Municipal Code Chapter 1.12, these properties are subject to lien.

BACKGROUND: Ordinance No. 02–815 authorizes the placement of liens on properties on which delinquent civil debts have accrued and makes property owners responsible for delinquent sewer and trash charges accrued after the effective date of the Ordinance (March 1, 2002) for accounts in tenants' names. Prior to the City Council's adoption of Ordinance No. 02–815, property owners were responsible for only those accounts in their own names.

FISCAL IMPACT: Recoverable amount is $56,869.32, plus $3,220.00 for release of lien fees, plus $8,050.00 in lien fees, for a total of $68,139.32.

RECOMMENDATION: Staff recommends the City Council adopt Resolution No. 25–3484 authorizing placement of liens on certain properties for delinquent sewer and trash charges.

MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 329 of 348 Resolution No. 25–3484 Page 1 of 1
RESOLUTION NO. 25–3484

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF MONTCLAIR AUTHORIZING

PLACEMENT OF LIENS ON CERTAIN

PROPERTIES FOR DELINQUENT SEWER

AND TRASH ACCOUNTS
WHEREAS, Chapter 1.12 of the Montclair Municipal Code authorizes the City to place liens on properties on which delinquent civil debts have accrued; and WHEREAS, all owners of property in the City of Montclair were notified about the adoption of Ordinance No. 02–815 authorizing placement of liens on properties on which delinquent civil debts have accrued; and
WHEREAS, it has been determined that there are 161 sewer and/or trash accounts on which there are delinquencies in excess of 90 days; and WHEREAS, the owners of these properties have received regular billing statements and late notices since the onset of such delinquencies; and WHEREAS, the owners of these properties were notified on May 1, 2025, that their delinquent accounts are subject to causing a lien to be placed on their properties for settlement of such delinquencies; and that such liens would be considered for approval by the Montclair City Council on Monday, June 2, 2025.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Montclair approves the placement of liens on the properties and in the amounts specified in Exhibit A, entitled Report of Delinquent Civil Debts – June 2025, attached hereto.

BE IT FURTHER RESOLVED that the City Clerk is authorized to provide the San Bernardino County Auditor/Controller–Recorder with the documents required to cause such liens to be placed.

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. 25–3484 was duly adopted by the City Council of said city and was approved by the Mayor of said city at a regular meeting of said City Council held on the XX day of XX, 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 – 06/16/2025 Page 330 of 348 Exhibit A to Resolution No. 25–3484
Report of Delinquent Civil Debts – June 2025

Street No Street Account Type Delinquency Release of
Lien Fee Lien Fee Total Lien Amount
11225 Ada Avenue Residential 352.38 20.00 50.00 422.38
11141 Amherst Avenue Residential 353.61 20.00 50.00 423.61 4238 Appaloosa Way Residential 349.37 20.00 50.00 419.37 4283 Appaloosa Way Residential 278.92 20.00 50.00 348.92 4314 Appaloosa Way Residential 353.37 20.00 50.00 423.37 10532 Arabian Place Residential 351.85 20.00 50.00 421.85 5512 Arrow Hwy #D Residential 377.68 20.00 50.00 447.68 5512 Arrow Hwy #F Residential 241.50 20.00 50.00 311.50 5001 Arrow Hwy, A Residential 542.71 20.00 50.00 612.71 4667 Bandera Street Residential 351.56 20.00 50.00 421.56 4750 Bandera Street Multifamily 617.84 20.00 50.00 687.84 5069 Bandera Street Residential 336.00 20.00 50.00 406.00 5095 Bandera Street Residential 203.34 20.00 50.00 273.34 5633 Bandera Street Residential 353.89 20.00 50.00 423.89 8806 Banyan Avenue Multifamily 366.00 20.00 50.00 436.00 10145 Bel Air Avenue Residential 353.61 20.00 50.00 423.61 10254 Bel Air Avenue Residential 360.30 20.00 50.00 430.30 10545 Belgian Place Residential 355.15 20.00 50.00 425.15 5214 Belvedere Way Residential 542.71 20.00 50.00 612.71 5219 Belvedere Way Residential 385.86 20.00 50.00 455.86 10278 Benson Avenue Residential 350.74 20.00 50.00 420.74 10376 Benson Avenue Multifamily 382.91 20.00 50.00 452.91 4532 Bodega Court Residential 353.72 20.00 50.00 423.72 4545 Bodega Court Residential 355.46 20.00 50.00 425.46 11419 Brunswick Lane Residential 377.96 20.00 50.00 447.96 11427 Brunswick Lane Residential 360.09 20.00 50.00 430.09 10464 Calico Court Residential 200.42 20.00 50.00 270.42 10488 Calico Court Residential 372.70 20.00 50.00 442.70 8953 Camulos Avenue Residential 355.24 20.00 50.00 425.24 10234 Camulos Avenue Residential 246.46 20.00 50.00 316.46 10259 Camulos Avenue Residential 373.91 20.00 50.00 443.91 10280 Camulos Avenue Residential 315.80 20.00 50.00 385.80 11409 Cannery Row Residential 377.98 20.00 50.00 447.98 4602 Canoga Street Multifamily 240.44 20.00 50.00 310.44 4924 Canoga Street Residential 344.81 20.00 50.00 414.81 4945 Canoga Street Residential 514.96 20.00 50.00 584.96 11178 Carrillo Avenue Residential 353.61 20.00 50.00 423.61 11347 Chandler Lane Residential 307.60 20.00 50.00 377.60 4265 Clair Street Residential 353.36 20.00 50.00 423.36 4337 Clair Street Residential 407.18 20.00 50.00 477.18 5030 Clair Street Residential 328.46 20.00 50.00 398.46 4303 Clydesdale Way Residential 353.62 20.00 50.00 423.62 10164 Coalinga Avenue Residential 353.61 20.00 50.00 423.61 10231 Coalinga Avenue Residential 353.61 20.00 50.00 423.61 10247 Coalinga Avenue Residential 478.41 20.00 50.00 548.41 11148 Coalinga Avenue Residential 353.61 20.00 50.00 423.61 MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 331 of 348 Exhibit A to Resolution No. 25–3484
Report of Delinquent Civil Debts – June 2025

Street No Street Account Type Delinquency Release of
Lien Fee Lien Fee Total Lien Amount
11465 Cobblestone Lane Residential 377.94 20.00 50.00 447.94 9836 Columbine Avenue Senior 307.49 20.00 50.00 377.49
5273 Cordera Street Residential 241.50 20.00 50.00 311.50 11422 Cumberland Lane Residential 338.30 20.00 50.00 408.30 10186 Del Mar Avenue Residential 315.80 20.00 50.00 385.80 10187 Del Mar Avenue Residential 297.76 20.00 50.00 367.76 10190 Del Mar Avenue Residential 353.61 20.00 50.00 423.61 10236 Del Mar Avenue Residential 353.61 20.00 50.00 423.61 4506 Donner Court Residential 368.48 20.00 50.00 438.48 11159 Essex Avenue Residential 353.61 20.00 50.00 423.61 4157 Evart Street Residential 300.72 20.00 50.00 370.72 4696 Evart Street Residential 416.43 20.00 50.00 486.43 5195 Evart Street Residential 288.30 20.00 50.00 358.30 5383 Evart Street Residential 349.55 20.00 50.00 419.55 4114 Faircove Court Residential 522.08 20.00 50.00 592.08 4219 Fauna Street Residential 353.61 20.00 50.00 423.61 4267 Fauna Street Residential 237.45 20.00 50.00 307.45 4291 Fauna Street Residential 353.61 20.00 50.00 423.61 4703 Fauna Street Residential 353.39 20.00 50.00 423.39 4731 Fauna Street Residential 245.48 20.00 50.00 315.48 4782 Fauna Street Residential 497.76 20.00 50.00 567.76 4852 Fauna Street Residential 353.61 20.00 50.00 423.61 10221 Felipe Avenue Residential 349.55 20.00 50.00 419.55 8919-21 Felipe Avenue Multifamily 707.22 20.00 50.00 777.22 10427 Felipe Lane Residential 470.30 20.00 50.00 540.30 4639 Flora Street Residential 392.61 20.00 50.00 462.61 4932 Flora Street Residential 385.59 20.00 50.00 455.59 5370 Flora Street Residential 353.79 20.00 50.00 423.79 10253 Fremont Avenue Residential 353.61 20.00 50.00 423.61 10287 Fremont Avenue Residential 385.59 20.00 50.00 455.59 10919 Fremont Avenue Residential 216.74 20.00 50.00 286.74 11049 Fremont Avenue Residential 346.38 20.00 50.00 416.28 11175 Fremont Avenue Residential 315.80 20.00 50.00 385.80 10161 Geneva Avenue Residential 346.93 20.00 50.00 416.93 10207 Greenwood Avenue Residential 497.76 20.00 50.00 567.76 5232 Hanover Way Residential 526.32 20.00 50.00 596.32
11445 Hartford Lane Residential 233.41 20.00 50.00 303.41 10113 Helena Avenue Residential 225.18 20.00 50.00 295.18 10127 Helena Avenue Residential 355.98 20.00 50.00 425.98 11353 Hickory Lane Residential 354.45 20.00 50.00 424.45 11443 Hickory Lane residential 241.50 20.00 50.00 311.50 4103 Howard Street Residential 353.61 20.00 50.00 423.61 4341 Howard Street Residential 353.61 20.00 50.00 423.61 4992 Howard Street Residential 200.12 20.00 50.00 270.12 4558 Humboldt Court Residential 203.09 20.00 50.00 273.09 10244 Kimberly Avenue Residential 203.11 20.00 50.00 273.11 MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 332 of 348 Exhibit A to Resolution No. 25–3484
Report of Delinquent Civil Debts – June 2025

Street No Street Account Type Delinquency Release of
Lien Fee Lien Fee Total Lien Amount
11145 Kimberly Avenue Residential 358.57 20.00 50.00 428.57 11165 Kimberly Avenue Residential 354.83 20.00 50.00 424.83 11175 Kimberly Avenue Residential 353.65 20.00 50.00 423.65 10209 Kimberly Avenue Residential 353.58 20.00 50.00 423.58 4671 Kingsley Street Multifamily 689.66 20.00 50.00 759.66 4909 Kingsley Street Residential 353.79 20.00 50.00 423.79 5476 Kingsley Street Residential 353.67 20.00 50.00 423.67 5486 Kingsley Street Residential 214.36 20.00 50.00 284.36 4821-23 Kingsley Street Multifamily 291.60 20.00 50.00 361.60 10360-62 Lehigh Avenue Multifamily 707.22 20.00 50.00 777.22 10370-72 Lehigh Avenue Multifamily 726.30 20.00 50.00 796.30 4595 Mane Street Residential 340.46 20.00 50.00 410.46
4839 Mane Street Residential 353.61 20.00 50.00 423.61
4846 Mane Street Residential 386.52 20.00 50.00 456.52
10269 Marion Avenue Residential 271.92 20.00 50.00 341.92 11154 Marion Avenue Residential 552.24 20.00 50.00 622.24 11336 Marquette Lane Residential 377.94 20.00 50.00 447.94 11442 Marquette Lane Residential 377.98 20.00 50.00 447.98 4444 Merle Street Residential 368.48 20.00 50.00 438.48 10157 Mills Avenue Residential 210.37 20.00 50.00 280.37 10189 Mills Avenue Residential 353.76 20.00 50.00 423.76 10231 Mills Avenue Residential 353.61 20.00 50.00 423.61 3788 Millstone Lane Residential 250.81 20.00 50.00 320.81 11458 Millstone Lane Residential 377.96 20.00 50.00 447.96 5239 Monte Verde Street Residential 353.61 20.00 50.00 423.61 11007 Monte Vista Avenue Residential 271.82 20.00 50.00 341.82 11313 Monte Vista Avenue Residential 217.22 20.00 50.00 287.22 10151 Oak Glen Avenue Residential 359.34 20.00 50.00 429.34 10163 Oak Glen Avenue Senior 353.56 20.00 50.00 423.56
10186 Oak Glen Avenue Residential 354.97 20.00 50.00 424.97 10594 Oak Glen Avenue Residential 315.80 20.00 50.00 385.80 10176 Oak Glen Avenue Residential 263.16 20.00 50.00 333.16 4595 Oakdale Street Residential 353.61 20.00 50.00 423.61 5171 Orchard Street Senior 317.15 20.00 50.00 387.15
5422 Orchard Street Residential 353.61 20.00 50.00 423.61 10563 Palomino Circle Residential 315.80 20.00 50.00 385.80 10206 Pradera Avenue Residential 353.61 20.00 50.00 423.61 4668 Rawhide Street Residential 353.63 20.00 50.00 423.63 4765 Rodeo Street Residential 200.27 20.00 50.00 270.27 11025 Roswell Avenue Multifamily 300.00 20.00 50.00 370.00 5049 Saddleback Street Residential 298.85 20.00 50.00 368.85 11023 San Juan Way Residential 337.02 20.00 50.00 407.02 11032 San Juan Way Residential 215.18 20.00 50.00 285.18 11020 San Pasqual Avenue Residential 511.48 20.00 50.00 581.48 11083 San Pasqual Avenue Residential 385.10 20.00 50.00 455.10 11094 San Pasqual Avenue Residential 315.80 20.00 50.00 385.80 MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 333 of 348 Exhibit A to Resolution No. 25–3484
Report of Delinquent Civil Debts – June 2025

Street No Street Account Type Delinquency Release of
Lien Fee Lien Fee Total Lien Amount
11143 San Pasqual Avenue Residential 497.76 20.00 50.00 567.76 11153 San Pasqual Avenue Residential 315.80 20.00 50.00 385.80 10183 Santa Anita Avenue Residential 380.28 20.00 50.00 450.28 10221 Santa Anita Avenue Residential 353.61 20.00 50.00 423.61 10191 Saratoga Avenue Residential 231.18 20.00 50.00 301.18 10226 Saratoga Avenue Residential 204.80 20.00 50.00 274.80 10964 Shetland Avenue Residential 273.61 20.00 50.00 343.61 5538 Shirley Lane Residential 353.63 20.00 50.00 423.63 11011 Stallion Avenue Residential 353.61 20.00 50.00 423.61 10187 Vernon Avenue Residential 365.96 20.00 50.00 435.96 10236 Vernon Avenue Residential 353.61 20.00 50.00 423.61 10241 Vernon Avenue Residential 355.24 20.00 50.00 425.24 5533 Vernon Court Residential 315.80 20.00 50.00 385.80 5555 Vernon Court Residential 353.62 20.00 50.00 423.62 4183 Via Napoli Residential 206.92 20.00 50.00 276.92
11043 Wesley Avenue Residential 393.51 20.00 50.00 463.51 11053 Wesley Avenue Residential 353.61 20.00 50.00 423.61 10995 Whitewater Avenue Residential 383.21 20.00 50.00 453.21 11178 Whitewater Avenue Residential 497.76 20.00 50.00 567.76 11263 Whitewater Avenue Residential 384.50 20.00 50.00 454.50 11024 Whitewater Avenue Senior 330.55 20.00 50.00 400.55 4515 Yosemite Drive Residential 346.42 20.00 50.00 416.42 4523 Yosemite Drive Residential 284.19 20.00 50.00 354.19 Totals: 56,869.32 3,220.00 8,050.00 68,139.32
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 334 of 348

CITY COUNCIL

AGENDA REPORT
DATE: JUNE 16, 2025
SECTION: CONSENT - RESOLUTIONS
ITEM NO.: 3
FILE I.D.: STA355
DEPT.: PUBLIC WORKS
PREPARER: M. HEREDIA
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 25–3485 AUTHORIZING THE CITY

MANAGER OR DESIGNEE TO MAKE MINOR UPDATES TO THE LOCAL ROAD SAFETY

PLAN TO REFLECT PROGRESS OR CHANGES TO STATE OR FEDERAL LAWS AND REGULATIONS, AND ACCEPTING THE COMMITMENT TO ACHIEVE ONE–HALF DECLINE IN ROADWAY FATALITIES AND SERIOUS INJURIES BY 2040 REASON FOR CONSIDERATION: The Local Roadway Safety Plan (LRSP) was adopted by the City Council on March 6, 2023. Staff is preparing an application for the federal Safe Streets and Roads for All (SS4A) Discretionary Grant Program. Adoption of proposed Resolution No. 25–3485 is one of the requirements for this application. This resolution authorizes the City Manager or his designee to make minor updates to the Local Roadway Safety Plan, reflecting progress or changes to state or federal laws and regulations. By accepting this commitment, the City Council is taking a significant step towards achieving a one–half decline in roadway fatalities and serious injuries by 2040, thereby moving us closer to a zero death vision. Proposed Resolution No. 25–3485 is attached for the City Council’s review and consideration.

BACKGROUND: Federal regulations require each state to have a Strategic Highway Safety Plan (SHSP). A SHSP is a statewide data–driven traffic safety plan that coordinates the efforts of a wide range of organizations to reduce traffic accident fatalities and serious injuries on all public roads. In coordination with federal, state, local, and private sector safety stakeholders, the SHSP establishes goals, objectives, and emphasis (or challenge) areas. The SHSP addresses “the four E’s of traffic safety: Engineering, Enforcement, Education, and Emergency Services.”
While the SHSP is used as a statewide approach for improving roadway safety, a LRSP can provide local and rural road owners with an opportunity to address unique highway safety needs in their jurisdictions while contributing to the success of the SHSP. The LRSP creates a framework to identify and analyze safety problems and recommend safety improvements systematically. Preparation of an LRSP facilitates the development of local agency partnerships and collaboration, resulting in a prioritized list of improvements and actions that can demonstrate a defined need and contribute to the statewide plan.

The LRSP also offers a proactive approach to addressing safety needs and demonstrates agency responsiveness to safety challenges. The LRSP was presented by Fehr & Peers to the City Council at a workshop held on February 6, 2023. A PDF copy of the final draft of the Local Roadway Safety Plan can be downloaded from the following link:
 https://www.cityofmontclair.org/documents/local-road-safety-plan/ The LRSP recommends three priority safety projects as follows:

1. San Bernardino Street from Ramona Avenue to Benson Avenue

2. Central Avenue from Orchard Street to Holt Boulevard

3. Ramona Avenue from Kingsley Avenue to State Street
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 335 of 348 These three priority locations were chosen to represent several different elements of the collision analysis:
 Locations with a history of severe and fatal collisions  Locations that reflect a variety of roadway and land use contexts  Locations with shared roadway characteristics and risk factors that are appropriate for systemic application of safety countermeasures FISCAL IMPACT: Approving Resolution No. 25–3485 relating to the LRSP would result in no immediate or direct fiscal impact on the City’s general fund. The Resolution is required to apply for the federal Safe Streets and Roads for All (SS4A) Discretionary Grant Program, which may result in the City receiving grants.

RECOMMENDATION: Staff recommends that the City Council adopt Resolution No. 25– 3485 authorizing the City Manager or designee to make minor updates to the Local Road Safety Plan to reflect progress or changes to state or federal laws and regulations, and accepting the commitment to achieve one–half decline in roadway fatalities and serious injuries by 2040.

MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 336 of 348 Resolution No. 25–3485 Page 1 of 1
RESOLUTION NO. 25–3485

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTCLAIR AUTHORIZING 1) THE CITY MANAGER OR HIS DESIGNEE TO MAKE

MINOR UPDATES TO THE LOCAL ROAD SAFETY PLAN TO REFLECT

PROGRESS OR CHANGES TO STATE OR FEDERAL LAWS AND
REGULATIONS AND 2) ACCEPTING THE COMMITMENT TO ACHIEVE
ONE–HALF DECLINE IN ROADWAY FATALITIES AND SERIOUS
INJURIES BY 2040 AS A TOWARDS ZERO DEATH VISION
WHEREAS, the City of Montclair Local Road Safety Plan (LRSP) was adopted on March 6, 2023;
WHEREAS, the LRSP aims to reduce fatal and severe injury collisions through a prioritized list of improvements that can enhance safety on local roadways; and WHEREAS, the LRSP will assist the City in achieving a "Toward Zero Deaths" (TZD) vision through multi–agency coordination, like that of the California Department of Transportation’s; and
WHEREAS, with the LRSP as a guide, the City will be able and ready to apply for grant funds, such as the federal Safe Streets and Roads For All (SS4A) Discretionary Grant Program.

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

1. Authorizing the City Manager or his designee to make minor updates to the City of Montclair’s Local Road Safety Plan to reflect progress or changes to state or federal laws and regulations, and

2. Accepting the commitment to achieve one–half decline in roadway fatalities and serious injuries by 2040 as a Towards Zero Deaths vision.

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. 25–3485 was duly adopted by the City Council of said city and was approved by the Mayor of said city at a regular meeting of said City Council held on the XX day of XX, 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 – 06/16/2025 Page 337 of 348 Personnel Committee Minutes – May 5, 2025 Page 1 of 1

MINUTES OF THE MEETING OF THE MONTCLAIR

PERSONNEL COMMITTEE HELD ON MONDAY,
MAY 5, 2025, AT 5:05 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 5:05 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 April 21, 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 April 21, 2025.

IV. PUBLIC COMMENT – None
V. CLOSED SESSION
At 5:06 p.m., the Personnel Committee went into Closed Session regarding personnel matters related to appointments, resignations/ terminations, and evaluations of employee performance.

At 5:22 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 5:22 p.m., Mayor Pro Tem Martinez adjourned the Personnel Committee.

Submitted for Personnel Committee approval,
Edward C. Starr
City Manager
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 338 of 348 Personnel Committee Minutes – June 2, 2025 Page 1 of 1

MINUTES OF THE MEETING OF THE MONTCLAIR

PERSONNEL COMMITTEE HELD ON MONDAY,
JUNE 2, 2025, AT 6:30 P.M. IN THE CITY
ADMINISTRATIVE OFFICES, 5111 BENITO STREET,

MONTCLAIR, CALIFORNIA
I. CALL TO ORDER
Mayor Pro Tem Martinez called the meeting to order at 6:30 p.m.

II. ROLL CALL

Present: Mayor Dutrey, Mayor Pro Tem Martinez, 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 May 5, 2025.

Moved by Mayor Dutrey, seconded by Mayor Pro Tem Martinez, and carried unanimously to approve the minutes of the Personnel Committee meeting on May 5, 2025.

IV. PUBLIC COMMENT – None
V. CLOSED SESSION
At 6:31 p.m., the Personnel Committee went into Closed Session regarding personnel matters related to appointments, resignations/ terminations, and evaluations of employee performance.

At 6:50 p.m., the Personnel Committee returned from Closed Session.

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

VI. ADJOURNMENT
At 6:50 p.m., Mayor Pro Tem Martinez adjourned the Personnel Committee.

Submitted for Personnel Committee approval,
Edward C. Starr
City Manager
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 339 of 348

PENDING

APPROVAL
Adjourned City Council Meeting Minutes – May 5, 2025 Page 1 of 2

MINUTES OF THE ADJOURNED MEETING OF THE MONTCLAIR
CITY COUNCIL HELD ON MONDAY, MAY 5, 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, 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 III. COUNCIL WORKSHOP
A. Proposed Ordinance Regulating Parking of Oversized Vehicles on Public Streets
Attorney James Eckart, Special Counsel for the City, presented a proposed Ordinance regulating oversized vehicle parking on public streets. He outlined the safety hazards of long-term parking, new state laws on parking distances from crosswalks and intersections, restricted times and locations in residential areas, impact on specific vehicle types, a new permit system for short and long-term parking, exemptions, and enforcement. The draft adds to the Municipal Code without removing existing regulations, aligning local rules with state laws. Residential scenarios involving homeowners operating business vehicles were also discussed.

Council Member Ruh opposed banning small business owners and employees from parking large work vehicles at home and raised concerns about the permitting system and impact on recreational vehicle owners visiting family.

Council Member Lopez opposed increased enforcement on homebased businesses, citing added police workload, and noted concerns about expanding the state–mandated parking restriction near intersections within Montclair from twenty feet to fifty feet.

City Manager Starr emphasized that businesses should store vehicles in private lots, not on residential streets. He noted enforcement will mostly rely on resident reports and be prioritized lower than emergency issues. He advised the parking distance from intersections and crosswalks is for the safety of pedestrians and drivers and will be applied only at certain intersections.

Council Member Mendez asked about conditions for towing oversized vehicles, noting that a standard Sprinter van used by Amazon drivers exceeds proposed exemption sizes.

City Manager Starr clarified that work vehicles typically won’t be impounded unless there are repeated violations, as current laws prevent vehicles from being impounded without notice and cause.

Mayor Pro Tem Martinez requested staff consider how the ordinance might impact homeless individuals living in vehicles, noting some cities provide safe parking lots with security and lighting if long–term and overnight street parking is banned.

Mayor Dutrey highlighted neighborhood complaints about
oversized vehicles causing safety concerns and suggested bringing the proposed Ordinance back for further discussion at a future meeting.

MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 340 of 348

PENDING

APPROVAL
Adjourned City Council Meeting Minutes – May 5, 2025 Page 2 of 2 IV. PUBLIC COMMENT — None
V. ADJOURNMENT
At 6:51 p.m., the City Council was adjourned.

Submitted for City Council approval,

Andrea Myrick
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 341 of 348

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – May 5, 2025 Page 1 of 6

MINUTES OF THE REGULAR JOINT MEETING OF THE MONTCLAIR

CITY COUNCIL, SUCCESSOR AGENCY AND MONTCLAIR HOUSING

CORPORATION BOARDS, MONTCLAIR HOUSING AUTHORITY

COMMISSION, AND MONTCLAIR COMMUNITY FOUNDATION
BOARD HELD ON MONDAY, MAY 5, 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
Montclair Fire Department, Chaplain Jimmy Crowell, gave the invocation.

III. PLEDGE OF ALLEGIANCE
Council Member/Director Lopez 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 Community Development Diaz; Director of Finance Kulbeck; Director of Public Works/City Engineer Heredia; Police Chief Reed; Acting Fire Chief Dierck; City Attorney Robbins; City Clerk Myrick V. PRESENTATIONS
A. Gold Line Update, Habib F. Balian, Chief Executive Officer Habib F. Balian, Chief Executive Officer, Gold Line Construction Authority, provided a construction update on the Gold Line. He covered the history of the project—construction of Phase 1 began in 1994 and completed in 2003; and Phase 2 was split into 2A (Pasadena to Azusa), which completed in 2015, and 2B (Glendora to Montclair).

The first segment of Phase 2B (Glendora to Pomona) substantially reached completion in January. Bids for the final segment of Phase 2B (Pomona to Montclair) exceeded estimates by over 50 percent, prompting a plan to re–bid using a Construction Manager At Risk (CMAR) approach in October. The Authority plans to hire the CMAR by February 2026 and start construction in June 2027, with completion expected in 2031. Mr. Bailan also noted the Construction Authority will be meeting with San Bernardino County Construction Authority (SBCTA) and LA Metro on May 12, 2025, to discuss SBCTA’s funding concerns.

B. San Antonio Regional Hospital Healthcare Update, John Chapman, Chief Executive Officer
John Chapman, Chief Executive Officer, San Antonio Regional Hospital (SARH), provided a presentation covering the current hospital crisis related to workforce challenges, funding shortages, and drug price increases; the hospital’s new residency programs; future plans to open new clinics in the community, the hospital’s focus on senior wellness care, and the recent completion of the new SARH maternity unit. He stated he looks forward in working with the City and participating in future events.

VI. PUBLIC COMMENT
 Ruby Long, Senior Field Representative, San Bernardino County Fourth District Supervisor Curt Hagman, invited the community to an upcoming Open House event on May 21st at the District Office in MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 342 of 348

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – May 5, 2025 Page 2 of 6 Chino Hills; a Job Fair event on May 28th at the Ontario Airport; and a free document shredding event on June 7th at Chino City Hall.  Bill Kaufman reminded the City Council of his sustained interest in operating a cannabis business in Montclair and requested the City consider modeling an Ordinance after ones used by surrounding cities.

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: B–3, D–1, and D–3
MOTION: Pull Item D–1 and D–2; approve Item B–3 subject to any revisions deemed necessary by the City Attorney; and
approve the remainder of the Consent Calendar, as
presented.

MADE BY:

SECOND BY:

Council Member/Director Lopez
Mayor Pro Tem/Vice Chair Martinez
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 — April 21, 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 Receipt of $13,724 from the FY 2022 State Homeland Security Grant Program to Install Taller Fencing and an Electrical Gate at Fire Station 151
ACTION – Consent Calendar – Item B–2
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 343 of 348

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – May 5, 2025 Page 3 of 6

3. Consider Acceptance of Grant Deed No. 1689, an Easement for Construction, Maintenance, and Use of Sidewalks and
Appurtenances Located on the Corner of Holt Boulevard and Vernon Avenue (APN. 1010–591–18)
Consider Authorizing Staff to Record Grant Deed No. 1689 with the Office of the San Bernardino County Recorder
City Attorney Robbins requested the City Council approve this item subject to City Attorney review and revision, noting the Grant Deed is still being finalized.

ACTION – Consent Calendar – Item B–3
ACTING: City Council
RESULT: Approved on Consent Calendar, subject to any
revisions deemed necessary by the City Attorney;
motion carried 5–0.

C. Agreements

1. Consider Approval of Agreement No. 25–19, Amendment No. 2 to Agreement No. 20–31 with San Bernardino County for Construction of the Pipeline Avenue Pavement
Rehabilitation Project, 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.

IX. PULLED CONSENT CALENDAR ITEMS
D. Resolutions

1. Consider Adoption of Resolution No. 25–3477 Adopting the 2025 Local Guidelines for Implementing the California
Environmental Quality Act Pursuant to Public Resources
Code Section 21000 et seq.

Council Member Lopez noted his vote is based on his opposition to CEQA regulations, which he feels hinder growth and
development.

ACTION – Consent Calendar – Item D–1 (Pulled)
ACTING: City Council
MOTION: Approve the item as presented.

MADE BY:

SECOND BY:

Mayor/ Chair Dutrey
Mayor Pro Tem/Vice Chair Martinez
AYES:

NOES:

ABSTAIN:

ABSENT:

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

2. Consider Adoption of Resolution No. 25–3479 Adjusting the Equivalent Dwelling Unit Monthly Fee for Sewer Service
Mayor Dutrey stated his opposition to Inland Empire Utilities Agency’s (IEUA) rate increases, and requested to add verbiage on the next sewer and trash billing notifying residents of the reason for the current and future increases.

MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 344 of 348

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – May 5, 2025 Page 4 of 6 Council Member Lopez commented on being in favor of this item, given the discussions he has had with the IEUA Board President Marco Tule, and his opposition to the additional cost of mailing residents a notice.

ACTION – Consent Calendar– Item D–2 (Pulled)
ACTING: City Council
MOTION: Approve the item as presented, adding
verbiage on the sewer and trash bills of the
rate increases due to the IEUA Committee.

MADE BY:

SECOND BY:

Mayor/ Chair Dutrey
Mayor Pro Tem/Vice Chair Martinez
AYES:

NOES:

ABSTAIN:

ABSENT:

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

X. COMMUNICATIONS
A. Department Reports

1. Public Works — Sunset Park Grand Opening Event
Public Works Director/ City Engineer Heredia invited the community to the Grand Opening even of Sunset Park on
Tuesday May 6th from 3:00 p.m. to 4:00 p.m.

2. Police Department — Peace Officer Memorial Day Event Police Chief Reed announced the Police Department will host its first Peace Officers Memorial Event on Thursday, May 22, at 10:00 a.m. and advised the community of the event’s road closures on Monte Vista Ave and Arrow Highway

3. Human Services — Summer Program and Upcoming Event
Assistant City Manager/Director of Human Services Richter invited the community to the following events: Summer Kick– Off at Alma Hofman Park on Saturday, May 24th at noon; the 25th Annual Memorial Day event on Monday, May 26th, at
6:00 p.m. in the City Hall Memorial Garden; and the Country Fair Jamboree on Saturday, June 7th, from noon to 6:00 p.m. with live entertainment, food vendors, games, prizes, and a petting zoo.

B. City Attorney
City Attorney requested the City Council meet in closed session concerning the following matter:

1. Request for City Council to Meet in Closed Session Pursuant to Government Code §54956.9(d)(1) Regarding Pending Litigation Avels v. City of Montclair
C. City Manager/Executive Director — None
D. Mayor/Chair

1. Announcement of Two Vacancies on Planning Commission for Four–Year Terms from July 1, 2025, to June 30, 2029
Mayor Dutrey announced two scheduled vacancies on the
Planning Commission, noting the application deadline is May 14, 2025, by 5:00 p.m.

MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 345 of 348

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Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – May 5, 2025 Page 5 of 6

2. Notice of Cancellation of May 19, 2025 Regular Joint Meeting [CC/SA/MHC/MHA/MCF]
Mayor/Chair Dutrey announced the May 19, 2025 regular joint meeting is cancelled due to the lack of a quorum, noting several City officials will be attending the International Conference of Shopping Centers that week.

3. Notice of Cancellation of July 7, 2025 Regular Joint Meeting [CC/SA/MHC/MHA/MCF]
Mayor/Chair Dutrey announced the July 7, 2025 regular joint meeting is cancelled due to the lack of business, and in observance of the preceding Independence Day holiday.

4. Distribution to City Council of Proposed Draft City Council Policy and Procedures Manual
Mayor Dutrey distributed a proposed draft City Council Policy Manual for review, to be brought back for discussion and adoption at the June 2nd City Council meeting.

Mayor/Chair Dutrey announced his attendance at the 2025 Southern California Cal Fire Conference hosted in Coachella Valley, and announced his recent appointment to the Regional Council with the Southern California Association of Governments (SCAG) and commented on his participation at City hosted events and acknowledged the holidays observed in May and the upcoming Caution Clean–up event on May 17th on the alleyways between Kingsley Street and Bandera Street and informed staff of the proposed cuts on block grant programs for the upcoming year.

E. Council Members/Directors

1. Council Member/Director Ruh commented on his absence from recent and upcoming City events due to work.

2. Council Member/Director Lopez recognized Mother's Day and commented on the history of Cinco de Mayo.

3. Council Member/Director Mendez announced his attendance at recent City events and wished the community a great Cinco de Mayo.

4. Mayor Pro Tem/Vice Chair Martinez commented on the positive feedback received by residents on the upcoming grand openings of Sunset Park and Reeder Ranch, and applauded Human Services staff for their work on recent events celebrating community volunteers and graduates of the Montclair to College program.

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

1. Personnel Committee — April 21, 2025
XI. CLOSED SESSION
At 8:20 p.m., the City Council went into closed session to discuss pending litigation.

XII. CLOSED SESSION ANNOUNCEMENT
At 8:34 p.m., the City Council returned from closed session. Mayor Dutrey announced that the City Council discussed pending litigation; information was received and direction given to staff; and no further announcements would be made at this time.

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Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – May 5, 2025 Page 6 of 6 XIII. ADJOURNMENT
At 8:34 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
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Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – June 2, 2025 Page 1 of 1

MINUTES OF THE REGULAR JOINT MEETING OF THE MONTCLAIR

CITY COUNCIL, SUCCESSOR AGENCY AND MONTCLAIR HOUSING

CORPORATION BOARDS, MONTCLAIR HOUSING AUTHORITY

COMMISSION, AND MONTCLAIR COMMUNITY FOUNDATION
BOARD HELD ON MONDAY, JUNE 2, 2025, AT 7:01 P.M. IN THE CITY COUNCIL CHAMBERS, 5111 BENITO STREET, MONTCLAIR,

CALIFORNIA
At 7:01 p.m., Mayor/Chair Dutrey advised that, due to a critical power failure at City Hall, all items contained on the agenda for the June 2, 2025 regular joint meeting of the City Council, Successor Agency Board, Montclair Housing Corporation Board, Montclair Housing Authority Commission, and Montclair Community Foundation Board are hereby adjourned and continued to the next regular joint meeting on Monday, June 16, 2025, at 7:00 p.m. in the City Council Chambers.

Submitted for City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority
Commission/Montclair Community Foundation Board approval, Andrea Myrick,
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 06/16/2025 Page 348 of 348