CITY OF MONTCLAIR
CITY COUNCIL
SUCCESSOR REDEVELOPMENT AGENCY,
MONTCLAIR HOUSING CORPORATION, MONTCLAIR
HOUSING AUTHORITY, AND MONTCLAIR COMMUNITY
FOUNDATION MEETINGS
AGENDA PACKET
Tuesday, September 2, 2025
7:00 p.m.
Montclair City Council Chambers
5111 Benito Street
Montclair, CA 91763
Mayor
Javier “John” Dutrey
Mayor Pro Tem
Corysa Martinez
Council Members
Bill Ruh
Benjamin “Ben” Lopez
Xavier Mendez
City Manager
Edward C. Starr
City Attorney
Diane E. Robbins
City Clerk
Andrea M. Myrick
REGULAR JOINT MEETING OF THE
CITY COUNCIL, SUCCESSOR AGENCY, MONTCLAIR HOUSING CORPORATION,
MONTCLAIR HOUSING AUTHORITY, AND MONTCLAIR COMMUNITY FOUNDATION to be held in the Council Chambers
5111 Benito Street, Montclair, California
Tuesday, September 2, 2025
7:00 p.m.
To provide comments on an agenda item, including public hearing and closed session items, please complete a Speaker Card located in the Council Chambers. The Mayor/Chair (or the meeting’s Presiding Officer) will call on those who submitted requests to speak at the appropriate times during the meeting. Written comments (200–word limit per agenda item, and 200–word limit for all non–agenda items combined) can also be emailed to [email protected] at least one hour before the meeting begins.
Watch Council meetings live on the City’s official YouTube Channel at https://www.youtube.com/cityofmontclair, or via Zoom using the following information: Zoom Link: https://zoom.us/j/93717150550 / Dial Number: 1 (669) 900–6833 / Meeting ID: 937–1715–0550. Video recordings of Council meetings are available on the City’s website and can be accessed by the end of the business day following the meeting at https://www.cityofmontclair.org/council–meetings/.
AGENDA
I. CALL TO ORDER City Council [CC], Successor Agency Board [SA], Montclair Housing Corporation Board [MHC],
Montclair Housing Authority Commission [MHA],
Montclair Community Foundation Board [MCF]
II. INVOCATION
In keeping with our long–standing tradition of opening our Council meetings with an invocation, this meeting may include a nonsectarian invocation. Such invocations are not intended to proselytize or advance any faith or belief or to disparage any faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation.
III. PLEDGE OF ALLEGIANCE
IV. ROLL CALL
V. PRESENTATIONS
A. Proclamation Declaring September 2025 as National Preparedness Month in the City of Montclair
VI. PUBLIC COMMENT
During Public Comment, you may comment on any subject that does not appear on this agenda. Each speaker has up to five minutes. The meeting’s presiding officer may provide more or less time to accommodate speakers with special needs or a large number of speakers waiting in line. (Government Code Section 54954.3).
Under the provisions of the Brown Act, the meeting bodies are prohibited from participating in substantial discussion of or taking action on items not listed on the agenda.
VII. PUBLIC HEARINGS — None Page No.
VIII. CONSENT CALENDAR
A. Approval of Minutes
1. Regular Joint Meeting — August 4, 2025 [CC/SA/MHC/MHA/MCF] 107
2. Regular Joint Meeting — August 18, 2025 [CC/SA/MHC/MHA/MCF] 113 B. Administrative Reports
1. Consider Approval of Warrant Register & Payroll Documentation [CC] 3 C. Agreements
1. Consider Approval of Agreement No. 25–58, Amendment No. 1 to Agreement No. 20–78 with the San Bernardino County Registrar of Voters Related to the Maintenance of Secure Mail Ballot Drop Boxes on City Property [CC] 4
XXXXXXXXXXXXX
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 1 of 118 Page No.
2. Consider Approval of Agreement No. 25–60 with Beacon Economics, LLC to Assess the Potential Economic Development Benefits of Extending the Foothill Gold Line Extension to the City of Montclair, Subject to any Revisions Deemed Necessary by the City Attorney [CC] 9
D. Resolutions
1. Consider Adoption of Resolution No. 25–3496 Approving Agreement No. 25–61, an Affordable Housing Agreement with the Montclair Housing Authority and the Montclair Housing Corporation; Authorizing the Transfer of 9634 Central Avenue, Montclair, to the Montclair Housing Authority for Use as Affordable Housing; and Declaring Such Real Property to be Exempt Surplus Land [CC]
Consider Authorizing a $100,000 Appropriation from the Economic Development Assets Fund for Rehabilitation of the Property Located at 9634 Central Avenue, Montclair [CC]
Consider Adoption of MHA Resolution No. 25–01 Approving Agreement No. 25–61, an Affordable Housing Agreement with the City of Montclair and the Montclair Housing Corporation, and Accepting the Transfer of Certain Real Property from the City of Montclair [MHA]
Consider Adoption of MHC Resolution No. 25–02 Approving Agreement No. 25–61, an Affordable Housing Agreement with the City of Montclair and the Montclair Housing Authority [MHC] 44
IX. PULLED CONSENT CALENDAR ITEMS
X. RESPONSE
A. Consider Receiving and Filing a Response to City Council Inquiry Related to Producing City Council Meeting Agenda Packets Earlier in Order to Provide Additional Time for City Council Review [CC]
Consider Providing Direction to Staff Related to the Agenda Packet Production Schedule [CC] 98
XI. COMMUNICATIONS
A. Department Reports — None
B. City Attorney — None
C. City Manager/Executive Director
D. Mayor/Chairperson
E. Council Members/Directors
F. Committee Meeting Minutes (for informational purposes only)
1. Personnel Committee Meeting — August 18, 2025 [CC] 106 XII. ADJOURNMENT
The next regular joint meeting of the City Council, Successor Agency Board, Montclair Housing Corporation Board, Montclair Housing Authority Commission, and Montclair Community Foundation Board will be held on Monday, September 15, 2025 at 7:00 p.m.
Reports, backup materials, and additional materials related to any item on this Agenda distributed to the meeting bodies after publication of the Agenda packet are available for public inspection in the Office of the City Clerk between 7:00 a.m. and 6:00 p.m., Monday through Thursday. Please call the City Clerk’s Office at (909) 625– 9416 or send an e–mail to [email protected] to request documents via e–mail.
If you need special assistance to participate in this meeting, call the City Clerk’s Office at (909) 625–9416 or e–mail [email protected]. Notification prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35.102–35.104 ADA Title II) I, Andrea M. Myrick, City Clerk, hereby certify that I posted, or caused to be posted, a copy of this Agenda not less than 72 hours prior to this meeting on the City’s website at https://www.cityofmontclair.org/agendas/ and on the bulletin board adjacent to the north door of Montclair City Hall at 5111 Benito Street, Montclair, CA 91763 on Thursday, August 28, 2025.
XXXXXXXXXXXXX
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 2 of 118
CITY COUNCIL
AGENDA REPORT
DATE: SEPTEMBER 2, 2025
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 1
FILE I.D.: FIN540
DEPT.: FINANCE
PREPARER: A. VONG/V. FLORES
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTER AND PAYROLL DOCUMENTATION REASON FOR CONSIDERATION: The City Council is requested to consider approval of the Warrant Register and Payroll Documentation.
BACKGROUND: Mayor Pro Tem Martinez has examined the Warrant Register dated September 2, 2025; and the Payroll Documentation dated August 10, 2025, and recommends their approval.
FISCAL IMPACT: The Warrant Register September 2, 2025, totals $1,585,136.20.
The Payroll Documentation dated August 10, 2025, totals $1,138,365.83 gross, with $804,468.40 net being the total cash disbursement.
RECOMMENDATION: Staff recommends the City Council approve the above–referenced Warrant Registers and Payroll Documentation.
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 3 of 118
CITY COUNCIL
AGENDA REPORT
DATE: SEPTEMBER 2, 2025
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 1
FILE I.D.: CCK140–30
DEPT.: CITY MGR./CITY CLERK
PREPARER: A. MYRICK
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 25–58, AMENDMENT NO. 1 TO AGREEMENT NO. 20–78 WITH THE SAN BERNARDINO COUNTY REGISTRAR OF
VOTERS RELATED TO THE MAINTENANCE OF SECURE MAIL BALLOT DROP BOXES ON
CITY PROPERTY
REASON FOR CONSIDERATION: The San Bernardino County Registrar of Voters (ROV) is requesting to extend the contract for the City to host two permanent ballot drop boxes on City property, which are currently located at City Hall and the Police Department. The City Council is requested to consider approval of Agreement No. 25–58, Amendment No. 1 to Agreement No. 20–78 with the ROV related to the maintenance of secure mail ballot drop boxes on City property.
A copy of proposed Agreement No. 25–58 is attached for the City Council’s review and consideration.
BACKGROUND: On May 8, 2020, Governor Gavin Newsom issued Executive Order N– 64–20 requiring a ballot be mailed to every voter in California. At that time, counties were required by the state to provide at least one vote–by–mail ballot drop–off location for every 15,000 registered voters, with most located inside or outside essential businesses that are accessible for at least 12 hours per day, and with some being drive– through locations. On September 8, 2020, the City entered into Agreement No. 20–78 with the ROV to install two secure mail ballot drop boxes at City Hall and the Police Department. The contract term was five years, and will be expiring September 9, 2025.
The ROV is now proposing an amendment to extend the term of the contract and make other minor revisions. The County is proposing an extension of five years. The only notable updates other than to the term are to now include the provision of security cameras and increase reimbursement maximums.
Pursuant to the terms of the extended agreement, the County is responsible for:
Purchasing the secure ballot drop boxes.
Reimbursing cities up to $4,000 per box for each installation and removal, and restoration of the site to its original condition.
Increasing the reimbursement maximum by $2,000 for each 5–year period of the contract per installation/removal, and restoration of the site to its original condition.
Maintenance, repair, and replacement of boxes as needed. Removal of ballots from the boxes throughout election periods.
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 4 of 118 The City would be responsible for:
Providing an accessible location for the boxes on City–owned property. Installing/replacing/removing the boxes, restoring the sites to their original conditions, and invoicing the County for incurred costs. Assigning staff to unlock the boxes at the beginning, and lock the boxes at the end of the voting periods.
Maintenance of the area around the boxes in good condition. Maintaining surveillance cameras covering the boxes.
The ballot drop boxes are wrapped with graphics containing the County’s logo and state– required information, and have security measures to prevent tampering with ballots inside the box. Locations of the City’s boxes that were installed in September 2020 are pictured below.
Secure Mail Ballot Drop Box Locations in Montclair
Montclair Civic Center North Parking Lot
5111 Benito Street
Montclair Police Department Parking Lot
4870 Arrow Highway
FISCAL IMPACT: The City Council’s approval of Agreement No. 25–58 amending Agreement No. 20–78 would have no fiscal impact on the City’s General Fund. The County will reimburse the City for installation and removal costs and will repair or replace the boxes if damaged. The amendment would extend the current agreement through September 2030.
RECOMMENDATION: Staff recommends that the City Council approve Agreement No. 25–58 amending Agreement No. 20–78 with the San Bernardino County Registrar of Voters related to the maintenance of secure mail ballot drop boxes on City property.
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 5 of 118 Standard Contract Page 1 of 3
THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY Registrar of Voters
Department Contract Representative Joani Finwall
Telephone Number 909-387-2100
Contractor City of Montclair
Contractor Representative Andrea Myrick, Executive City Clerk Telephone Number 909-625-9416
Contract Term Upon full execution through
September 10, 2030
Original Contract Amount $4,000
Amendment Amount
Total Contract Amount $4,000
Cost Center 6800001000
Grant Number (if applicable)
AMENDMENT NO. 1 TO
AGREEMENT FOR THE INSTALLATION AND MAINTENANCE
OF SECURE BALLOT DROP BOXES WITH
THE CITY OF MONTCLAIR
IT IS HEREBY AGREED AS FOLLOWS:
WHEREAS, on September 10, 2020, the County and Contractor entered into an agreement for the installation and maintenance of a secure ballot drop box, and;
WHEREAS, on June 18, 2025 (Item No. 81), the Board of Supervisors approved Contract Templates for the installation and maintenance of Secure Ballot Drop Boxes that provide for a ten-year term with two five-year extensions, and;
WHEREAS, the County desires to extend the current Contract with Contractor for five years, through September 10, 2030; and
Contract Number
20-ROV-08 A-1
SAP Number
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 6 of 118 Agreement No. 25–58
Revised 3/1/2025 Page 2 of 3
NOW, THEREFORE, the County and Contractor mutually agree to the following:
1. The above listed recitals are incorporated into the Contract and the Parties represent that they are true and correct.
2. Section B.23 Termination for Convenience is amended to read:
The County reserves the right to terminate the Contract, for its convenience, with or without cause, with a sixty (60) day written notice of termination in non-election years, or if in an election year, one hundred and twenty (120) days prior to an election. Such termination may include all or part of the services described herein. If Contractor desires to terminate the Contract they shall give the County ample notice and access to remove the drop box. County shall have sixty (60) days from the date Contractor terminates the contract to remove the drop box and restore the property to its original condition. Should County fail to remove the drop box within sixty (60) days, Contractor may remove the box and charge the cost to County. County shall have sixty (60) days from the mailing of the cost notice to reimburse Contractor for the cost of removing the drop box. If Contractor removes the drop box due to County’s failure to remove the box, Contractor shall not be responsible for any damages to the drop box notwithstanding any other provision in this Contract.
3. Section C. TERM OF CONTRACT is amended to read:
This Contract is effective upon full execution and expires September 10, 2030, but may be terminated earlier in accordance with provisions of this Contract.
4. Section J. ELECTRONIC SIGNATURES is added to read as follows:
J. ELECTRONIC SIGNATURES
This Contract may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same Contract. The parties shall be entitled to sign and transmit an electronic signature of this Contract (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Contract upon request.
5. All other terms and conditions of the contract remain in full force and effect.
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 7 of 118 Revised 3/1/2025 Page 3 of 3
IN WITNESS WHEREOF, San Bernardino County and the Contractor have each caused this Contract to be subscribed by its respective duly authorized officers, on its behalf.
SAN BERNARDINO COUNTY CITY OF MONTCLAIR
(Print or type name of corporation, company, contractor, etc.) By
(Authorized signature - sign in blue ink)
Dated: Name Javier John Dutrey
(Print or type name of person signing contract)
Title Mayor
(Print or Type)
Dated:
Address 5111 Benito Street
Montclair, CA 91763
FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department Jolena Grider, Deputy County Counsel Joani Finwall, Registrar of Voters Date Date Date
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 8 of 118
CITY COUNCIL
AGENDA REPORT
DATE: SEPTEMBER 2, 2025
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 2
FILE I.D.: EDD100/TRN256
DEPT.: ECONOMIC DEV.
PREPARER: M. FUENTES
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 25–60 WITH BEACON ECONOMICS, LLC
TO ASSESS THE POTENTIAL ECONOMIC DEVELOPMENT BENEFITS OF EXTENDING THE
FOOTHILL GOLD LINE EXTENSION TO THE CITY OF MONTCLAIR, SUBJECT TO ANY
REVISIONS DEEMED NECESSARY BY THE CITY ATTORNEY
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 25–60 to retain the services of Beacon Economics, LLC. (Beacon) to provide professional services for an economic impact analysis that will provide data– driven insights to support local decision–making and guide discussions with regional transportation agencies in support of the extension of the Foothill Gold Line into San Bernardino County.
A copy of proposed Agreement No. 25–60 is attached for review and consideration by the City Council.
BACKGROUND: Discussions are ongoing between the City of Montclair, Los Angeles Metro, and the San Bernardino County Transportation Authority (SBCTA) regarding the final segment of the Foothill Gold Line extension. While the rail line is viewed as a vital connection between the San Gabriel and Inland Valleys, questions remain about whether the project would generate sufficient local benefits to warrant the investment.
As such, staff requested and obtain quotes for the development of an economic impact analysis to quantify the potential economic impacts of the Gold Line extension to the City of Montclair from several firms, with particular attention to changes in property values, transit–oriented development activity, sales tax generation, and long–term opportunities for sustainable growth.
Staff selected the quote from Beacon for the development of the economic impact analysis based on the firms extensive experience, knowledgeable experts, prior work history of developing economic impact analysis reports, unique qualifications, and price point.
Project Approach and Methodology
Beacon will use a variety of analytical techniques to model the anticipated economic development benefits of extending the Foothill Gold Line to the City of Montclair. The key methodologies include the following:
Property Value Growth: Using econometric models to determine how close proximity to Gold Line stations could affect residential property values. Labor Market Impact Analysis: Forecasting the potential rise in worker incomes and which industries will be more represented in the workforce by comparing labor markets in areas with and without stations.
Commuting Shed and Housing Market Analysis: Evaluating the City’s potential to attract new residents who commute to other job centers, such as Los Angeles, using census bureau data.
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 9 of 118 Fiscal Impact Modeling: Estimating increases in local tax revenues resulting from new residents, businesses, and spending habits linked to better rail access.
Data Sources
Beacon will use a range of public, private, and confidential sources to accurately assess the potential economic impacts of extending the Foothill Gold Line to the City of Montclair. These include the following:
Data from the California Employment Development Department (EDD): This data provides detailed information on the number of employees, industry classification, and payroll amounts for every business in the state. It can be used to track business performance and employment trends over time. Access to this data is subject to county approval.
CoStar: This comprehensive property database provides information on property sales, rental rates, and building characteristics. It will be used to analyze how proximity to the Gold Line may influence residential property values. Lightcast: This platform offers detailed, location–specific information on employment levels, industry composition, and job postings. The data can be used with analytical techniques like difference–in–differences to compare labor market conditions in areas with and without rail access.
LEHD/Census: Longitudinal Employer–Household Dynamics (LEHD) data from the U.S. Census Bureau, along with American Community Survey (ACS) datasets, can be used to assess commuting patterns and housing market dynamics. IMPLAN: An input–output modeling system that can be used to estimate the economic, employment, and fiscal effects of changes in local and regional economies. It will be used to model how new economic activity from the project translates into tax revenues for local, county, and state governments. UrbanFootprint: This source provides parcel–level land use, zoning, and long– term planning data to ensure that findings reflect Montclair’s current conditions and future development plans.
The development of the economic impact analysis is expected to take approximately 12 weeks in total to complete. The project timeline includes two weeks for kickoff, literature review, and data gathering; four weeks for data analysis and modeling; four weeks for report writing; and two weeks for finalizing the report with staff.
Beacon’s History and Experience
Beacon is an independent research and consulting firm based in Los Angeles, California, that provides accurate, insightful, and objective economic analyses to help clients make informed decisions. Founded in 2006, the firm gained early recognition for being one of the first and most "adamant forecasters" of the subprime mortgage market meltdown, accurately assessing the global financial and economic crisis that followed. The accuracy of its forecasting has established Beacon as one of California’s most reputable economic research firms.
The firm’s expertise and credentials set it apart, as it is led by Doctorate– and Master’s– level economists, unlike other consulting groups often directed by business scholars or urban planners. Beacon has a diverse clientele, including major cities and counties across the western United States, Wall Street hedge funds, public utilities, and major technology firms.
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 10 of 118 The firm’s project experience includes significant work in transportation and economic development. Beacon was commissioned by the Foothill Gold Line Construction Authority in 2016 and 2017 to assess the economic and fiscal impacts of transit–oriented development associated with the Foothill Gold Line on various prior phases of the project.
Additionally, Beacon has an ongoing partnership with the Los Angeles County Metropolitan Transportation Authority (LA Metro) to deliver quarterly revenue forecasts.
Beacon has also provided San Bernardino County Transportation Authority (SBCTA) with an outlook for local sales tax revenues and has conducted various studies and analyses for SBCTA.
FISCAL IMPACT: Proposed Agreement No. 25–60 would authorize staff to retain the services of Beacon for a total amount not to exceed $74,000, inclusive of a $15,000 contingency, payable from the Economic Development Agency Assets Funds.
RECOMMENDATION: Staff recommends the City Council approve Agreement No. 25–60 with Beacon Economics, LLC to assess the potential economic development benefits of extending the Foothill Gold Line to the City of Montclair, subject to any revisions deemed necessary by the City Attorney.
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 11 of 118 Agreement No. 25–60
CITY OF MONTCLAIR
AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT is made and effective as of September 2, 2025, between the City of Montclair, a California Municipal Corporation ("City") and Beacon Economics LLC ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM
This Agreement shall commence on September 2, 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 provide professional services for an economic impact study that will provide data-driven insights to support local decision-making and guide discussions with regional transportation agencies regarding the extension of the Foothill Gold Line. 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.
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 12 of 118 Agreement No. 25–60
(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 first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the 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 – 09/02/2025 Page 13 of 118 Agreement No. 25–60
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 – 09/02/2025 Page 14 of 118 Agreement No. 25–60
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 – 09/02/2025 Page 15 of 118 Agreement No. 25–60
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.
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 16 of 118 Agreement No. 25–60
(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”
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 17 of 118 Agreement No. 25–60
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 – 09/02/2025 Page 18 of 118 Agreement No. 25–60
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 – 09/02/2025 Page 19 of 118 Agreement No. 25–60
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 – 09/02/2025 Page 20 of 118 Agreement No. 25–60
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.
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 21 of 118 Agreement No. 25–60
(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: Sherif Hanna, Managing Partner
Beacon Economics LLC
110 S. Fairfax Ave, Los Angeles CA 90036
Suite 380
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 MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 22 of 118 Agreement No. 25–60
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 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.
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 23 of 118 Agreement No. 25–60
24. EFFECT OF PARTIAL INVALIDITY
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]
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 24 of 118 Agreement No. 25–60
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 Sherif Hanna, Managing Partner Attest:
By:
Andrea M. Myrick, City Clerk
Approved as to Form:
By:
Diane E. Robbins, City Attorney
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 25 of 118 Proposal: Economic Development Impact of the Foothill Gold Line Expansion for City of Montclair
Delivered: August 13th, 2025
Care of: Mikey Fuentes, Director of Economic Development
PREPARED BY
Beacon Economics, LLC
110 South Fairfax Avenue, Suite 380, Los Angeles, CA 90036 [VALID UNTIL 09/12/2025] Exhibit "A"
Agreement No. 25-60
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 26 of 118 PROPOSAL: ECONOMIC DEVELOPMENT IMPACT OF THE FOOTHILL GOLD LINE EXPANSION FOR CITY OF MONTCLAIR 1
COVER LETTER
PROJECT APPROACH
PROFESSIONAL FEES
AGREEMENT
FIRM OVERVIEW
PROJECT EXPERIENCE
THE RESEARCH TEAM
TABLE OF CONTENTS
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 27 of 118 PROPOSAL: ECONOMIC DEVELOPMENT IMPACT OF THE FOOTHILL GOLD LINE EXPANSION FOR CITY OF MONTCLAIR 2
DEAR CITY OF MONTCLAIR,
The team at Beacon Economics is excited to partner with the City of Montclair (“Client”) to assess the potential economic development benefits of extending the Foothill Gold Line.
This study will provide data-driven insights to support local decision-making and guide conversations with regional transportation agencies. As the City considers long-term investments in transit infrastructure, Beacon Economics will serve as a dedicated partner in delivering clear, objective analysis to evaluate the potential impacts on housing, employment, development, and fiscal revenues.
Established in 2006, Beacon Economics brings over 18 years of experience in providing economic analyses and recommendations to a wide range of clients. Renowned for its expertise, Beacon Economics is a leader in delivering accurate, rigorously developed economic outlooks for geographic regions, public revenue, and various industries and occupations. We not only deliver critical analysis, but also provide our clients with actionable recommendations that help guide their next steps.
Led by PhD economists, Beacon Economics boasts 65+ years of combined industry experience, with extensive expertise conducting industry profiles, industry cluster analyses, employment studies, economic impact analyses, economic policy assessments, and economic forecasting for clients across the United States. Given Beacon’s significant portfolio of work spanning local, regional, and statewide communities, our team is able to provide clients with rich geographic comparisons and useful, relative benchmarks for success.
The following proposal outlines Beacon Economics’ planned scope of work and methodology, highlights the firm’s qualifications, and introduces the research team. We believe our extensive experience and knowledgeable experts uniquely qualify us to provide the services requested by the City of Montclair.
As the authorized signatory for this project, I am available to address any questions via email at [email protected] or by phone at (323) 356-3406. Please do not hesitate to reach out at any time. Thank you for your consideration and the opportunity to collaborate with the City of Montclair.
Sherif Hanna, Managing Partner
Beacon Economics
110 S. Fairfax Ave, Suite 380
Los Angeles, CA 90036
[email protected]
(323) 356-3406
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 28 of 118 PROPOSAL: ECONOMIC DEVELOPMENT IMPACT OF THE FOOTHILL GOLD LINE EXPANSION FOR CITY OF MONTCLAIR 3
PROJECT APPROACH AND METHODOLOGY
BACKGROUND
Beacon Economics is pleased to submit this proposal to assess the potential economic development benefits of extending the Foothill Gold Line into the City of Montclair. Currently, discussions continue between the City of Montclair, LA Metro, and the San Bernardino County Transportation Authority (SBCTA) regarding whether to complete the final 3.3-mile segment of the extension from Pomona to Montclair. While the rail line has long been viewed as a vital connection between the San Gabriel and Inland Valleys, questions remain about whether the project would generate sufficient local benefits to warrant the investment.
Our analysis will quantify the potential economic impacts of the Montclair extension, with particular attention to changes in property values, transit-oriented development activity, sales tax generation, and long-term opportunities for sustainable growth.
METHODLODY
Beacon Economics will employ a variety of analytical techniques to the model the anticipated economic development benefits of extending the Foothill Gold Line to Montclair. For example:
• Property Value Growth: Beacon will use econometric models to examine how proximity to Gold Line stations will influence residential property values.
• Labor Market Impact Analysis: Using methods such as difference-in-differences (DID) Beacon will forecast how much worker incomes will rise, and what types of industries will be more represented in the workforce. One way Beacon will do this is by comparing the labor markets and incomes in areas with stations to those without them. • Commuting Shed and Housing Market Analysis: Beacon will evaluate Montclair’s potential to attract new residents who commute to Los Angeles or other job centers, and rely on census bureau data to map where populations live, compared to where they live.
• Fiscal Impact Modeling: Beacon will estimate increases in local tax revenues from new residents, businesses, and spending patterns associated with improved rail access.
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 29 of 118
DATA SOURCES
Accurate and specific models rely on high-quality data. Beacon can draw on a range of public, private, and confidential sources to accurately assess the potential economic impacts of the Montclair extension. Available data sources and possible uses include:
• Confidential Employment Data*
◦ The confidential employment data from the California Employment Development Department (EDD) consists of payroll records submitted monthly by every business in the state for tax purposes. These records provide detailed information on the number of employees at each establishment, its six-digit NAICS industry classification, payroll amounts, GPS coordinates, and other key variables. Beacon has access to this data back to 2008, enabling us to track business performance and employment trends at precise geographic locations over time. For the Foothill Gold Line extension to Montclair, this data could be used to construct customized buffer zones around the proposed Montclair station, along the existing corridor, or in another proxy area to compare economic activity at varying distances from station locations. This approach would allow us to examine whether proximity to rail access is associated with higher rates of business growth, employment expansion, or payroll increases, helping to quantify potential economic development benefits associated with the project.
*Access to confidential employment data is subject to County approval. • Costar
◦ CoStar’s comprehensive property database could support a hedonic price modeling framework to explore how proximity to the Gold Line may influence residential property values. The platform provides detailed information on property sales, rental rates, building characteristics, lot sizes, year built, and other attributes necessary to isolate the relationship between location and price. By combining these property-level details with geographic coordinates, we could measure distance to existing and proposed stations and analyze whether closer proximity is associated with price premiums. This type of modeling would allow us to estimate the potential impact of the Montclair extension on housing markets, while controlling for other factors that influence property values.
• Lightcast
◦ Lightcast’s labor market data could be used to evaluate how improved rail access might affect employment outcomes and job accessibility for Montclair residents. The platform offers detailed, location-specific information on employment levels, industry composition, occupational mix, and job postings, as well as historical trends. By combining this data with analytical techniques such as difference-in-differences, we could compare labor market conditions in areas gaining new stations to those in similar areas without rail access, both before and after station openings. This approach would help identify whether the Montclair extension is associated with measurable changes in job opportunities, employment rates, or industry growth in the local economy.
• LEHD/Census
◦ Longitudinal Employer-Household Dynamics (LEHD) data from the U.S. Census Bureau, along with related American Community Survey (ACS) datasets, could be used to assess commuting patterns and housing market dynamics in Montclair. LEHD’s Origin-Destination Employment Statistics (LODES) provide detailed information on where residents work and where workers live, enabling analysis of the commuting shed for current and potential Montclair transit riders. By integrating this data with ACS measures of housing tenure, affordability, and demographic change, we could evaluate whether the Gold Line extension might expand Montclair’s ability to attract new residents who commute to Los Angeles or other job centers.
PROPOSAL: ECONOMIC DEVELOPMENT IMPACT OF THE FOOTHILL GOLD LINE EXPANSION FOR CITY OF MONTCLAIR 4 MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 30 of 118 • IMPLAN
◦ IMPLAN (IMpact analysis for PLANning) is an input-output modeling system widely used to estimate the economic, employment, and fiscal effects of changes in local and regional economies. For the Montclair extension, IMPLAN could be used to model how new economic activity generated by the project translates into tax revenues for local, county, and state governments. Using projected changes in employment, household spending, and business output tied to improved rail access, the model can estimate revenues from sources such as sales taxes, property taxes, and other local levies. • UrbanFootprint
◦ Our analysis will incorporate parcel-level land use, zoning, and long-term planning data from UrbanFootprint to ensure findings reflect both current conditions and Montclair’s future development plans.
IMPACT OF METROLINK
This analysis will also involve creating models to evaluate Metrolink’s economic development impacts by itself and compare them to the Gold Line, incorporating factors such as trip frequency (lower for Metrolink), rider fares (higher for Metrolink), the resulting effects on ridership, etc.
DELIVERABLES
Report: Beacon will present its findings in a detailed, professionally designed report featuring infographics, data visualizations, and high-quality images. The report will include an executive summary highlighting the key findings, and will be delivered in PDF format with hyperlinked chapters.
Optional Executive Presentation: Beacon can present the report’s findings in an executive briefing or public meeting and provide the accompanying PowerPoint deck. Presentations can be delivered in person or virtually.
TIMELINE
We expect the project to take approximately 12 weeks in total. The main phases of the timeline are outlined below. In the final phase, Beacon will share a draft of the report for client review. We will then incorporate feedback, produce a professionally designed version of the report, and provide it for a final review before delivering the completed report.
TASK TIMELINE
Kickoff, Literature Review, Data Gathering 2 Weeks
Data Analysis and Modeling 4 Weeks
Report Writing 4 Weeks
Finalize Report with Client 2 Weeks
PROPOSAL: ECONOMIC DEVELOPMENT IMPACT OF THE FOOTHILL GOLD LINE EXPANSION FOR CITY OF MONTCLAIR 5 MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 31 of 118
PRICE PROPOSAL
The table below provides fee information for the deliverables described in the Project Approach section above.
BEACON ECONOMICS SERVICES SUBTOTAL
Economic Development Impact of the Foothill Gold Line Expansion $59,200 Executive Presentation by Research Manager *
$3,800
($) -2200
Executive Outlook Presentation by Founding Partner *
$7,500
($) -5500
TOTAL FOR SELECTED SERVICES $59,200
Total Savings $0
*Costs for travel required to deliver the Executive Presentation are not included in the above fees and will be invoiced to the client separately. Date to be scheduled with Strategic Partnership Manager.
PAYMENT SCHEDULE
• 50% of the total cost of services will be invoiced upon execution of Agreement • 40% of the total cost of services will be invoiced upon delivery of the Draft Deliverable • 10% of the total cost of services will be invoiced upon delivery of the Final Deliverable
TERMS & CONSIDERATIONS
Services requested by the Client beyond the scope of this Agreement will be billed separately to the Client. Beacon Economics will collaborate with the Client to define these services and provide a budget for approval prior to commencing any additional work.
Unless specified in the project timeline, Beacon Economics will provide the Client with a draft project deliverable (“Draft”) for content review. If no review period is specified or mutually agreed upon, a default review period of fourteen (14) calendar days will apply. If the Client does not provide feedback within this period or request an extension, the Draft will proceed to the design phase as outlined in the project scope and be delivered to the Client.
Upon receipt of the final project deliverable (“Final Deliverable”), the Client will have seven (7) calendar days to review the design and submit any feedback or requested revisions in writing. Failure to provide feedback within this period or request an extension will be deemed acceptance of the Final Deliverable, concluding the project and triggering the final invoice. If the Client anticipates difficulty meeting review deadlines, they must notify Beacon Economics in writing before the deadline expires to request an extension. Beacon and the Client will then mutually agree on a revised timeline. $6,000
$13,000
PROPOSAL: ECONOMIC DEVELOPMENT IMPACT OF THE FOOTHILL GOLD LINE EXPANSION FOR CITY OF MONTCLAIR 6 MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 32 of 118 The price quote and project timeline contained in this Agreement are valid for 30 days from the date of submission to the Client. If the Agreement is not accepted and signed within this period, all prices and timelines are subject to review and adjustment. Any changes to the scope of work after the Agreement is signed must be formalized through an Amendment to the Work Agreement and are subject to approval by Beacon Economics LLC.
PROPOSAL: ECONOMIC DEVELOPMENT IMPACT OF THE FOOTHILL GOLD LINE EXPANSION FOR CITY OF MONTCLAIR 7 MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 33 of 118 8 NEXT STEPS
1. Please review this proposal in detail prior to
signing.
2. If any questions, please contact me at
[email protected] for clarification or
further discussion.
3. Once you are ready to proceed, please sign
below.
4. Once signed, you will receive a copy of the
executed agreement via email for your records.
Sherif Hanna, Managing Partner Date
Beacon Economics LLC
Name: Date
Title:
City of Montclair
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 34 of 118 PROPOSAL: ECONOMIC DEVELOPMENT IMPACT OF THE FOOTHILL GOLD LINE EXPANSION FOR CITY OF MONTCLAIR 9 Beacon Economics LLC is an independent research and consulting firm dedicated to delivering accurate, insightful, and objective economic analysis. Our work empowers clients to make informed decisions about investment, growth, revenue, and policy.
Beacon Economics is headquartered in Los Angeles, California.
Founded in 2006, Beacon Economics gained early recognition as one of the first and most adamant forecasters of the subprime mortgage market meltdown. The firm was one of the few organizations to stand against the tide and accurately assess the depth and breadth of the global financial and economic crisis that followed. The accuracy of its economic forecasting has helped establish Beacon as one of California's most reputable economic research firms. The company's specialized practice areas include community and economic development, housing, land use and real estate advisory, economic and revenue forecasting, economic, fiscal, and social impact analysis, litigation support and expert testimony, and regional and sub-regional analysis.
Unlike other consulting groups in this sphere, many of which are directed by MBAs or urban and city planners, Beacon Economics is led by PhD and Masters’-level economists. The firm’s expertise and credentials set it apart, forming the foundation of its commitment to objectivity and analytic excellence.
Leveraging unique proprietary models, vast databases, proven methodologies, and sophisticated data processing, Beacon Economics delivers insights to a diverse array of private and public sector clients. These include major cities and counties across the Western United States, Wall Street hedge funds, banks and credit unions, creative industries, public utilities, major technology firms, real estate developers and investors, leading sports franchises, and prominent entertainment events and venues.
LOCAL CERTIFICATIONS
Beacon Economics maintains several City-level, County-level, and State-level business certifications, listed below:
State of California: Small Business (Micro), Small Business - Public Works County of Los Angeles: Local Small Business Enterprise (LSBE) City of Los Angeles: Small Business Enterprise (SBE), Emerging Business Enterprise (EBE), Small Local Business (LSB)
FIRM OVERVIEW
YEARS OF EXPERIENCE
DIVERSE ARRAY
OF CLIENTS
65+
EXPERTS IN ECONOMIC
RESEARCH, FORECASTING,
& DATA ANALYSIS
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 35 of 118 PROPOSAL: ECONOMIC DEVELOPMENT IMPACT OF THE FOOTHILL GOLD LINE EXPANSION FOR CITY OF MONTCLAIR 10
PROJECT EXPERIENCE
Beacon Economics leverages unique proprietary models,
extensive databases, proven methodologies, and advanced data processing to serve a diverse array of private and public sector clients. These include major cities and counties across the United States, technology firms, nonprofit organizations, Wall Street hedge funds, banks and credit unions, creative industries, public utilities, real estate developers and investors, prominent universities, leading sports franchises, and major entertainment events and venues.
The diversity and prominence of Beacon’s clientele reflect the firm’s objective, nonpartisan approach and its reputation for delivering high-quality, credible research.
Our public-sector clients range from large municipalities and counties to state offices, workforce development boards, and special districts. Below is a select list of our clients from the public sector and related associations.
CITY OF ALAMEDA
CITY OF ANAHEIM
CITY OF INDUSTRY
CITY OF LAS VEGAS
CITY OF LONG BEACH
CITY AND COUNTY OF LOS ANGELES
CITY OF OAKLAND
CITY OF ONTARIO
CITY OF RENO
CITY OF RICHMOND
CITY AND COUNTY OF RIVERSIDE
CITY OF SAN FRANCISCO
CITY OF SAN LUIS OBISPO
CITY AND COUNTY OF SANTA CRUZ
CITY OF YORBA LINDA
CALIFORNIA STATE CONTROLLER
COUNTY OF CONTRA COSTA
COUNTY OF LYON, NEVADA
COUNTY OF MENDOCINO
COUNTY OF MONTEREY
COUNTY OF PLACER
COUNTY OF SAN BERNARDINO
COUNTY OF SANTA CLARA
COUNTY OF SONOMA
COUNTY OF TULARE
EAST BAY ECONOMIC DEVELOPMENT
AGENCY
LOS ANGELES AREA CHAMBER OF
COMMERCE
LOS ANGELES WORKFORCE INVESTMENT
BOARD
METROPOLITAN WATER DISTRICT OF
SOUTHERN CALIFORNIA
OAKLAND METROPOLITAN CHAMBER OF
COMMERCE
SACRAMENTO TRANSPORTATION
AUTHORITY
SAN DIEGO ASSOCIATION OF
GOVERNMENTS (SANDAG)
SAN FRANCISCO COUNTY
TRANSPORTATION AGENCY (SFCTA)
TAHOE PROSPERITY CENTER
UNIVERSITY OF CALIFORNIA, LOS ANGELES
UNIVERSITY OF CALIFORNIA, RIVERSIDE
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 36 of 118 PROPOSAL: ECONOMIC DEVELOPMENT IMPACT OF THE FOOTHILL GOLD LINE EXPANSION FOR CITY OF MONTCLAIR 11
EXPERIENCE
In 2016 and 2017, Beacon Economics was commissioned by the Foothill Gold Line Construction Authority to assess the economic and fiscal impacts of transit-oriented development (TOD) associated with the Metro Gold Line. These studies were conducted to provide local jurisdictions, planners, and policymakers with objective, data-driven insights into how rail investment spurs new development, job creation, and tax revenue. The work was part of a broader effort to document the benefits of extending light rail service deeper into the San Gabriel Valley and to support future funding and planning decisions.
The 2016 report focused on the original Gold Line extension from Union Station to Pasadena, where significant TOD had already taken place. The goal was to measure the realized economic benefits around six station areas and establish a replicable framework for evaluating future rail expansions. In 2017, Beacon expanded this framework to estimate the potential impact of the Glendora to Montclair extension, using development projections, construction budgets, and regional economic data to assess job creation, output, and local government revenue.
Together, these studies provided a foundation for understanding how rail infrastructure can serve as a catalyst for regional economic development. They also helped establish the Gold Line as not just a transportation investment, but as a tool for long-term economic and land use planning across Los Angeles County and the Inland Empire.
PROJECT
Economic and Fiscal Impacts
of Foothill Gold Line Transit
Development
CLIENT
Foothill Gold Line
Construction Authority
PROJECT
Economic Impact Analysis
CLIENT
Virgin Trains USA
EXPERIENCE
In 2019, Virgin Trains USA commissioned Beacon Economics to conduct an economic and fiscal impact analysis of its proposed train line connecting Southern California to Las Vegas, focusing on impacts for San Bernardino County, Clark County, the State of California, and the State of Nevada.
The report went beyond traditional economic impact analysis, incorporating a 10-year outlook for the rail system’s operations, an evaluation of environmental benefits, a workforce analysis of San Bernardino County’s labor force, and regional profiles for both San Bernardino County and Clark County.
Our findings projected substantial benefits from the development of the train line.
In San Bernardino County, construction from 2019 to 2023 was expected to generate $2.1 billion in economic output, support 15,871 jobs, produce $801 million in labor income, and generate $274.6 million in federal, state, and local tax revenue. The project was also expected to support more than 540 permanent jobs through ongoing operations.
The study is hosted on the California Transportation Commission’s website and can be accessed here. The client expressed high satisfaction with the report, noting its depth, comprehensive analysis, and value in supporting informed decision-making for this important transportation initiative.
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 37 of 118 PROPOSAL: ECONOMIC DEVELOPMENT IMPACT OF THE FOOTHILL GOLD LINE EXPANSION FOR CITY OF MONTCLAIR 12
EXPERIENCE
In 2024, Beacon Economics was commissioned by the San Bernardino County Transportation Authority (SBCTA) to provide an updated outlook for local sales tax revenues, with a particular focus on Measure I, the County’s half-cent transportation sales tax measure. The report was developed to support fiscal planning by evaluating national, state, and regional economic conditions, and assessing their implications for near-term taxable sales growth.
The analysis contextualized San Bernardino County’s performance within broader economic trends, including continued strength in consumer spending, moderating inflation, and regional job and population growth. Beacon also incorporated newly revised labor market data and population forecasts to better estimate the county’s future sales tax base.
As part of its long-term partnership with SBCTA, Beacon Economics continues to provide regular updates and insights that help the agency plan transportation investments and maintain revenue stability through changing economic cycles.
PROJECT
Sales Tax Outlook
CLIENT
San Bernardino County
Transportation Authority
EXPERIENCE
In 2025, Beacon Economics continued its role as the economic forecasting partner for the Los Angeles County Metropolitan Transportation Authority (LA Metro), delivering quarterly forecasts to support the agency’s long-range financial planning and revenue projections. This ongoing engagement plays a central role in helping LA Metro navigate an evolving economic landscape and plan for both short- and long-term fiscal realities.
This work extends a relationship that began in 2018 and has consistently supported key budget and policy decisions by providing a clear, data-driven view of regional economic conditions and expectations.
Each quarter, Beacon produces updated 10-year forecasts for ten core indicators, including taxable sales, home prices, employment, unemployment, and inflation. These forecasts are developed using robust time-series models grounded in historical data and calibrated to reflect current macroeconomic dynamics, including changes in consumer behavior, interest rates, and labor market conditions.
The resulting projections have served as a critical input into LA Metro’s internal financial modeling and scenario planning processes, ensuring that strategic decision-making is anchored in reliable, locally relevant economic insights. This partnership continues to provide LA Metro with the analytical tools it needs to make informed, forward-looking investments in the region’s transportation infrastructure.
PROJECT
Quarterly Revenue Forecasts
CLIENT
Los Angeles County
Metropolitan Transportation
Authority
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 38 of 118 PROPOSAL: ECONOMIC DEVELOPMENT IMPACT OF THE FOOTHILL GOLD LINE EXPANSION FOR CITY OF MONTCLAIR 13
EXPERIENCE
Christopher Thornberg founded Beacon Economics LLC in 2006. Under his leadership, the firm has become one of the most respected research organizations in California serving public and private sector clients across the United States.
An expert in impact analyses, economic and revenue forecasting, regional economics, economic policy, and labor and real estate markets, Dr.
Thornberg has consulted for private industry, cities, counties, and public agencies in Los Angeles, San Francisco and the Bay Area, San Diego, the Inland Empire, New York, Seattle, Orange County, Sacramento, Arizona, Nevada, and other geographies across the nation. Notable projects include housing and rent control studies for the California Apartment Association; research supporting the strategic allocation of American Rescue Plan Act funds for the County of San Joaquin; an analysis and forecast of the socioeconomic factors that affect traffic growth and demand along a major interstate in Southern California; research on affordable housing in Los Angeles for a major law firm; quarterly regional economic outlooks for the East Bay Economic Development Alliance; a recession recovery plan for the City and County of San Francisco; an annual economic assessment of LA’s city council districts for the Los Angeles Area Chamber of Commerce; an economic and revenue forecast for the City of San Luis Obispo; an analysis of the local technology industry for the Santa Cruz County Workforce Development Board; and an economic impact study for the 2028 Los Angeles Olympic Games Committee.
Dr. Thornberg is a panel member of the National Association of Business Economists’ quarterly “Outlook,” and a contributor to monthly economics polls published by Reuters. He also serves as Chair of the California Chamber of Commerce Economic Advisory Council, is on the Board of Directors of the Los Angeles Area Chamber of Commerce, is an Executive Member of the Central City Association (Los Angeles), and is a member of the California Association for Local Economic Development. Prior to launching Beacon Economics Dr. Thornberg was a senior economist with UCLA’s Anderson Forecast. He previously taught in the MBA program at UCLA’s Anderson School, in the Rady School of Business at UC San Diego, and at Thammasat University in Bangkok, Thailand. He has also held a faculty position in the economics department at Clemson University. A well-known media commentator, Dr. Thornberg has appeared on CNN and NPR and is regularly quoted in major national dailies including the Wall Street Journal and New York Times.
RESUME
PROJECTS
▪ Economic, Fiscal, and Social
Impact Analysis of the
University California System
▪ California Apartment
Association: Housing and Rent
Control Study
▪ California Jobs First: Research
and SWOT, Partnerships, and
Gap Analysis
▪ City of Escondido:
Comprehensive Economic
Development Strategy
CHRISTOPHER THORNBERG, PHD
FOUNDING PARTNER
EDUCATION & CREDENTIALS
Dr. Thornberg holds a Ph.D. in Business Economics from The Anderson School at UCLA and a B.S. degree in Business Administration from the State University of New York at Buffalo.
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 39 of 118 PROPOSAL: ECONOMIC DEVELOPMENT IMPACT OF THE FOOTHILL GOLD LINE EXPANSION FOR CITY OF MONTCLAIR 14
EXPERIENCE
Stafford Nichols is a Research Manager at Beacon Economics, overseeing the firm’s Economic Impact Analysis and Public Policy Analysis practice areas.
His research focus spans housing, workforce development, sustainability, economic development, and spatial analytics. He conducts analyses for both public sector and private sector clients. Recent projects include impact analyses of highway construction, hospital operations, minimum wage laws, new housing ordinances, modifications to solar regulations, economic mobility programs, climate change policies, broadband internet expansion, homelessness efforts, and others.
Mr. Nichols’ research often includes monetizing complex socioeconomic issues that can be challenging to quantify and applying econometric analysis to measure critical social outcomes. He distills complex questions into clear answers and offers insightful interpretations of his findings to provide clients with well-defined, actionable strategic recommendations.
An experienced public speaker, Mr. Nichols delivers presentations to small audiences, such as boards of directors, as well as large public groups.
Offering more than just statistics, he ensures that his audiences understand the implications of his research, and how key findings will affect them moving forward.
Prior to joining Beacon Economics, Mr. Nichols was an Associate Principal at Gallup, where he spearheaded thought leadership studies for multinational corporations, the United Nations, and the World Bank. He directed research in over 32 countries, from Afghanistan, to Nigeria, to China, to India – where he lived and conducted field research.
RESUME
PROJECTS
▪ City of Encinitas: Risk
Displacement Analysis
▪ County of Los Angeles
Department of Social Services:
Economic Mobility Analysis
▪ Oregon Institute of
Technology: Economic, Fiscal,
and Social Impact Analysis
▪ Meta: Data Center and
Sustainable Development
Impact Analysis
STAFFORD NICHOLS
RESEARCH MANAGER
EDUCATION & CREDENTIALS
Mr. Nichols is currently pursuing his Ph.D. in Public Policy at the University of Maastricht. He holds an M.B.A. in International Finance and an M.P.P. in Econometrics from the College of William and Mary. Additionally, he obtained a B.A. in Economics and History from Franklin & Marshall College.
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 40 of 118 PROPOSAL: ECONOMIC DEVELOPMENT IMPACT OF THE FOOTHILL GOLD LINE EXPANSION FOR CITY OF MONTCLAIR 15
EXPERIENCE
Miriam Valdes Ibarra is a Policy and Economic Development Manager at Beacon Economics, overseeing the firm’s Community and Economic Development Practice Area. She manages a diverse portfolio of projects focusing on public policy, sustainability, and economic and workforce development.
As an economist, Dr. Valdes Ibarra specializes in regional economic development, public policy analysis, and environmental sustainability. Her expertise includes economic forecasting, developing sustainable growth strategies, and performing advanced data analysis using statistical and econometric software programs such as Python, R, STATA, SQL, and Tableau.
Dr. Valdes Ibarra is an experienced public speaker, proficient in conveying complex economic concepts and their practical implications to diverse academic, business, and government audiences. She has also authored a wide variety of publications, including peer-reviewed journal articles, book chapters, and technical reports.
Dr. Valdes Ibarra has 15 years of experience working with multisectoral impact models, including Input-Output Models, Social Accounting Matrices (SAMs), and General Equilibrium Models (GEM). She has led the entire modeling process—from regionalizing I-O tables to constructing and modeling SAMs and GEMs. This hands-on experience ensures a deep understanding of these models, enabling a transparent, rigorous, and accurate approach to building and analyzing impact models.
Before joining Beacon Economics, Dr. Valdes Ibarra was an Economics Professor and Researcher at Universidad Autonoma de Coahuila where she spearheaded multidisciplinary research projects that integrated economic analysis with policy evaluation. She also mentored graduate students in research that aligned with her expertise.
In addition to her academic roles, Dr. Valdes Ibarra has provided consultancy services to a variety of national and international governmental and nongovernmental organizations. Her consultancy work has primarily involved assessing the impacts of public policies on regional development and sustainability, with a significant focus on economic development, energy transition, impacts on regional stability, and advancing sustainable growth strategies.
RESUME
PROJECTS
▪ County of San Bernardino:
Cost Impact Analysis
▪ Meta: Social Return on
Investment (SROI) Analysis
▪ California Bankers Association:
Economic Impact Study of the
California Banking Industry
▪ CalAsian Chamber of
Commerce: Economic Impact
Analysis of Diverse Small
Businesses
▪ UC Merced: Economic, Fiscal, &
Social Impact Analysis
MIRIAM VALDES, PHD
DIRECTOR OF RESEARCH OPERATIONS
EDUCATION & CREDENTIALS
Dr. Valdes Ibarra holds a Ph.D. and an M.Sc. in Regional Economics, both with honors, from Universidad Autonoma de Coahuila. She holds a B.Sc. in Computer Systems Engineering from Instituto Tecnologico.
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 41 of 118 PROPOSAL: ECONOMIC DEVELOPMENT IMPACT OF THE FOOTHILL GOLD LINE EXPANSION FOR CITY OF MONTCLAIR 16
RESUMES
CHRISTOPHER CARR
RESEARCH ASSOCIATE
EXPERIENCE
Christopher Carr is a Research and Business Development Associate at Beacon Economics, LLC. In that role, Mr. Carr blends his skill and experience working in data-intensive business environments with economic analysis, specifically in the area of economic, fiscal, and social impacts. He specializes in modeling the economic relationships between government, industry, and household sectors within specific regions in order to glean insights about the impacts that occur in one sector when there are changes in another.
Mr. Carr’s educational background has given him a strong foundation in both quantitative and qualitative analysis. As a graduate student in business analytics, he developed collaborative skills that allow him to translate data into actionable insights that contribute to an organization’s work quality, profitability, and efficiency. Through his advanced educational training, he has also developed expertise in computer modeling, database systems, analytics software, and the application of predictive analytics using both traditional statistics and machine learning. He is skilled in the use of leading data and econometric software including STATA and SQL, as well as having strong proficiency in data visualization and presentation software such as Tableau.
QUALIFICATIONS
Mr. Carr holds an M.S. in Business Analytics from Pepperdine Graziadio Business School, and a B.A. in Economics with a minor in Applied Mathematics from Pepperdine University.
EMIL ALEXANDER SABÁN
SENIOR RESEARCH ASSOCIATE
EXPERIENCE
Emil Alexander Sabán is a Senior Research Associate in the Sustainable Growth and Development practice area at Beacon Economics. Mr. Sabán conducts data research and analysis in support of the practice area’s principal engagements.
His current work portfolio includes contributing to research that identifies growth strategies for the logistics industry in the City of Ontario and developing a comprehensive economic development strategy for the City of Escondido.
Mr. Sabán’s educational and professional background have given him a strong foundation in both quantitative and qualitative analysis. His educational training includes a heavy emphasis on statistical methods such as regression analysis and on applied statistical modeling, allowing him to develop models based on econometric theories. He is skilled in the use of leading data and econometric software including STATA and R, as well as having strong proficiency in presentation software such as Tableau and LaTex.
QUALIFICATIONS
Mr. Sabán holds an M.S. in Economics from the University of Kentucky, and B.A.’s in Economics and Plan II Honors (an interdisciplinary honors major) from the University of Texas at Austin.
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 42 of 118 Beacon Economics, LLC
110 South Fairfax Avenue, Suite 380
Los Angeles, California 90036
Sherif Hanna
[email protected]
BEACONECON.COM
WE LOOK FORWARD TO
WORKING WITH YOU
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 43 of 118
CITY COUNCIL
AGENDA REPORT
DATE: SEPTEMBER 2, 2025
SECTION: CONSENT - RESOLUTIONS
ITEM NO.: 1
FILE I.D.: EDD100/MHA100
DEPT.: ECONOMIC DEV./MHA
PREPARER: M. FUENTES
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 25–3496 APPROVING AGREEMENT NO. 25–61, AN AFFORDABLE HOUSING AGREEMENT WITH THE MONTCLAIR HOUSING AUTHORITY AND THE MONTCLAIR HOUSING CORPORATION; AUTHORIZING THE TRANSFER OF 9634 CENTRAL AVENUE, MONTCLAIR, TO THE MONTCLAIR HOUSING AUTHORITY FOR USE AS AFFORDABLE HOUSING; AND
DECLARING SUCH REAL PROPERTY TO BE EXEMPT SURPLUS LAND
CONSIDER AUTHORIZING A $100,000 APPROPRIATION FROM THE ECONOMIC
DEVELOPMENT ASSETS FUND FOR REHABILITATION OF THE PROPERTY LOCATED AT 9634 CENTRAL AVENUE, MONTCLAIR
CONSIDER ADOPTION OF MHA RESOLUTION NO. 25–01 APPROVING AGREEMENT NO. 25–61, AN AFFORDABLE HOUSING AGREEMENT WITH THE CITY OF MONTCLAIR
AND THE MONTCLAIR HOUSING CORPORATION, AND ACCEPTING THE TRANSFER
OF CERTAIN REAL PROPERTY FROM THE CITY OF MONTCLAIR
CONSIDER ADOPTION OF MHC RESOLUTION NO. 25–02 APPROVING AGREEMENT NO. 25–61, AN AFFORDABLE HOUSING AGREEMENT WITH THE CITY OF MONTCLAIR
AND THE MONTCLAIR HOUSING AUTHORITY
REASON FOR CONSIDERATION: Proposed Agreement No. 25–61 an Affordable Housing Agreement between the City of Montclair (City), the Montclair Housing Authority (MHA), and the Montclair Housing Corporation (MHC) for the conveyance of real property located at 9634 Central Avenue and the subsequent leasing and operations of said Property as an affordable housing unit.
Proposed City Council Resolution No. 25–3496 would approve entering into Agreement No. 25–61, and would authorize the transfer of Property to the MHA.
Proposed MHA Resolution No. 25–01 would approve Agreement No. 25–61, and accept the transfer of the Property from the City.
Proposed MHC Resolution No. 25–02 would approve Agreement No. 25–61.
A copy of the proposed resolutions and subject agreement are attached for review and consideration by the City Council, MHA Commissioners, and MHC Board of Directors.
BACKGROUND: In June 1987, the former Redevelopment Agency (RDA) Board of Directors adopted the Central Avenue Single–family Acquisition Policy (Policy) authorizing staff to make purchase offers on single–family residences along the Central Avenue corridor, subject to the former Redevelopment Agency Board of Directors’ approval.
The Policy was later expanded to include areas along Central Avenue, Monte Vista Avenue, Mills Avenue or in locations of high visibility. Pursuant to the Policy, a total of 17 single–family homes were purchased by the former RDA before its dissolution.
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 44 of 118 With the dissolution of community redevelopment agencies in 2011 (AB 1X 26) and the California Supreme Court's decision in California Redevelopment Association v.
Matosantos, the City Council elected to continue the former RDA’s policy of acquiring single–family residences along the Central Avenue corridor or in locations of high visibility and further expanded the Policy to included residences along all of the City's major corridors.
The properties formerly owned by the RDA were transferred to the Montclair Housing Authority (MHA), the successor housing entity, and are currently rented to low– to moderate–income families and are managed by the Montclair Housing Corporation (MHC), a nonprofit public–benefit corporation organized for the purpose of increasing, improving, and preserving affordable housing in the City of Montclair.
The rents and other income from the MHC belong to the MHA; however, they are granted to the MHC for use in covering expenses of operating the various housing units. The amount of rents collected from the renters is established by the State Department of Housing and Community Development and varies based upon income levels.
Agreement No. 25–61 Affordable Housing Agreement
In order to meet the City's Regional Housing Needs Assessment (RHNA), a representation of future housing needs for all income levels in a region, staff recommends the property be operated as a rental unit made available to low– to moderate–income persons. As such, staff has prepared Agreement No. 25–61, an affordable housing agreement by and between the City, MHA, and MHC.
Proposed Agreement No. 25–61 contains language related to the conveyance of the Property, compliance with applicable laws, use of the Property, remedies, and general provisions. The more salient points of proposed Agreement No. 25–61 relate to the conveyance of fee title of the Property from the City to the MHA and leasing of the Property from the MHA to the MHC for the day–to–day operation of the Property, as well as the rehabilitation and rental of the Property to low– to moderate–income persons. 9634 Central Avenue, Montclair
The subject Property is located on a highly visible and desirable portion of Central Avenue, thereby meeting the criteria established in the City Council's Policy to acquire properties along the City's major corridors and areas of high visibility.
The property at 9634 Central Avenue is a single–family residence with 3 beds and 2 baths, built in 1954. It is 1,121.0 square feet.
FISCAL IMPACT: Staff is requesting an appropriation of funds from the Economic Development Agency Assets Fund totaling a maximum of $100,000 related to costs associated with rehabilitation of the bathrooms, kitchen, laundry room, new roof, new fence, side walk repairs, electrical repairs, and minor landscaping.
RECOMMENDATION: Staff recommends that the City Council take the following actions:
1. Adopt Resolution No. 25–3496 approving Agreement No. 25–61, an Affordable Housing Agreement with the Montclair Housing Authority and Montclair Housing Corporation; authorizing the transfer of 9634 Central Avenue, Montclair, to the Montclair Housing Authority for Use as Affordable Housing; and Declaring such real property to be exempt surplus land; and
2. Authorize a $100,000 appropriation from the Economic Development Assets Fund for rehabilitation of the property located at 9634 Central Avenue, Montclair.
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 45 of 118 Staff recommends that the Montclair Housing Authority Commissioners adopt Resolution No. 25–01 approving Agreement No. 25–61, an Affordable Housing Agreement with the City of Montclair and Montclair Housing Corporation, and accepting the transfer of certain real property from the City of Montclair.
Staff recommends that the Montclair Housing Corporation Board of Directors adopt Resolution. No. 25–02 approving Agreement No. 25–61, an Affordable Housing Agreement with the City of Montclair and the Montclair Housing Authority.
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 46 of 118 Resolution No. 25–3496 Page 1 of 2
RESOLUTION NO. 25–3496
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MONTCLAIR APPROVING AGREEMENT NO. 25–61, AN
AFFORDABLE HOUSING AGREEMENT BY AND BETWEEN THE
CITY OF MONTCLAIR, MONTCLAIR HOUSING AUTHORITY,
AND MONTCLAIR HOUSING CORPORATION; AUTHORIZING
TRANSFER OF CERTAIN REAL PROPERTY LOCATED AT 9634
CENTRAL AVENUE, MONTCLAIR, CALIFORNIA, FROM THE
CITY OF MONTCLAIR TO THE MONTCLAIR HOUSING
AUTHORITY; AND DECLARING SUCH REAL PROPERTY TO BE
EXEMPT SURPLUS LAND
WHEREAS, the City of Montclair (the "City") acquired property located at 9634 Central Avenue (the "Property") with funds from the City's Economic Development Agency Assets Fund for the purpose of increasing, improving, and preserving the City of Montclair’s supply of low–and–moderate income housing available at an affordable cost; and
WHEREAS, the City is the owner of that Property within the corporate limits of the City of Montclair; and
WHEREAS, pursuant to the provisions of the California Housing Authority Law (Part 2 of Division 24 of the Health and Safety Code [herein, the "Housing Authority Law"]), the City has designated the Montclair Housing Authority (the "Housing Authority") as the successor housing entity for the City of Montclair; and WHEREAS, pursuant to the Housing Authority Law, the Housing Authority is a housing authority duly established and operating as a local housing authority performing a public function and may make and execute contracts necessary or convenient to the exercise of its powers; and
WHEREAS, the Montclair Housing Corporation (the "Housing Corporation") was formed as a 501(c)(3) to operate and maintain the housing assets including single and multi–family residential units of the Housing Authority; and WHEREAS, the City desires to convey to the Housing Authority the Property and the Housing Authority desires to acquire the Property from the City; and WHEREAS, no development of the Property is contemplated; and WHEREAS, upon acquiring of the Property, the Housing Authority intends to lease the Property to the Housing Corporation for operation of the Property as an affordable rental housing resource for low–to–moderate income households; and WHEREAS, Agreement No. 25–61, an Affordable Housing Agreement by and between the City, Housing Authority, and Housing Corporation, provides for the transaction contemplated above to occur in accordance with the public purposes and provisions of applicable state and local laws and requirements; and WHEREAS, Assembly Bill 1486 (“AB 1486”) expanded the Surplus Land Act (Government Code section 54220 et seq.) (the “SLA”) requirements for local agencies prior to the disposition and disposal of any “surplus land" or "exempt surplus land"; and WHEREAS, the Property meets the definition of “surplus land,” as it is no longer necessary for the City’s use and the City seeks to dispose of the Property; and Whereas, none of the provsions of section 54221(f)(2) of the SLA apply to the Property; and
Whereas, even if the SLA were to apply, the Property would be exempt surplus land, pursuant to section 54221(f)(1)(D) of the SLA, because it is being transferred to the MHA, another government agency, for its use.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Montclair does hereby find, determine, and order as follows:
SECTION 1: The above recitals are true and correct and are a substantive part of this Resolution.
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 47 of 118 Resolution No. 25–3496 Page 2 of 2
SECTION 2: The City of Montclair hereby finds and determines that the transfer of the Property to the Montclair Housing Authority will ensure the continued preservation and availability of low–and moderate–income housing is available at an affordable cost.
SECTION 3: The City of Montclair is hereby authorized and directed to enter Agreement No. 25–61, an Affordable Housing Agreement by and among the City of Montclair, Montclair Housing Authority, and Montclair Housing Corporation.
SECTION 4: The City of Montclair agrees to the transfer of the Property to the Montclair Housing Authority. The City Manager, or designee, is authorized to record the grant deeds and further actions that are necessary or appropriate to transfer the Property to the Montclair Housing Authority.
SECTION 5: The City of Montclair hereby finds and declares that the Property is no longer necessary for the City’s use and are surplus land, as defined in California Government Code section 54221, based on the true and correct written findings found in this Resolution and incorporated herein by reference and none of the provsions of section 54221(f)(2) of the SLA apply to the Property. The City is authorized to transfer the Property without regard to the SLA pursuant to Government Code section 54221(f)(1)(D), so long as the transfer is to another government agency, the Montclair Housing Authority, for their use.
SECTION 5: The City Council authorizes City Manager Edward C. Starr to sign Agreement No. 25–61 on behalf of the City of Montclair.
SECTION 6: The City Clerk shall certify to the adoption of this Resolution.
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. 25–3496 was duly adopted by the Montclair City Council at a regular meeting thereof held on the XX day of XX, 2025, and that it was adopted by the following vote, to–wit:
AYES: XX
NOES: XX
ABSTAIN: XX
ABSENT: XX
Andrea M. Myrick
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 48 of 118 MHA Resolution No. 25–01 Page 1 of 2
RESOLUTION NO. 25–01
A RESOLUTION OF THE MONTCLAIR HOUSING AUTHORITY
APPROVING AGREEMENT NO. 25–61, AN AFFORDABLE
HOUSING AGREEMENT BY AND BETWEEN THE CITY OF
MONTCLAIR, MONTCLAIR HOUSING AUTHORITY, AND
MONTCLAIR HOUSING CORPORATION; AND ACCEPTING
THE TRANSFER OF CERTAIN REAL PROPERTY LOCATED AT
9634 CENTRAL AVENUE, MONTCLAIR, CALIFORNIA, FROM
THE CITY OF MONTCLAIR
WHEREAS, the City of Montclair (the "City") acquired property located at 9634 Central Avenue (the "Property") with funds from the City's Economic Development Agency Assets Fund for the purpose of increasing, improving, and preserving the City of Montclair’s supply of low–and–moderate income housing available at an affordable cost; and
WHEREAS, the City is the owner of that Property within the corporate limits of the City of Montclair; and
WHEREAS, pursuant to the provisions of the California Housing Authority Law (Part 2 of Division 24 of the Health and Safety Code [herein, the "Housing Authority Law"]), the City has designated the Montclair Housing Authority (the "Housing Authority") as the successor housing entity for the City of Montclair; and WHEREAS, pursuant to the Housing Authority Law, the Housing Authority is a housing authority duly established and operating as a local housing authority performing a public function and may make and execute contracts necessary or convenient to the exercise of its powers; and
WHEREAS, the Montclair Housing Corporation (the "Housing Corporation") was formed as a 501(c)(3) to operate and maintain the housing assets including single and multi–family residential units of the Housing Authority; and WHEREAS, the City desires to convey to the Housing Authority the Property and the Housing Authority desires to acquire the Property from the City; and WHEREAS, upon acquiring the Property, the Housing Authority intends to lease the Property to the Housing Corporation for operation of the Property as an affordable rental housing resource for low–to–moderate income households; and WHEREAS, Agreement No. 25–61, an Affordable Housing Agreement by and between the City, Housing Authority, and Housing Corporation, provides for the transaction contemplated above to occur in accordance with the public purposes and provisions of applicable state and local laws and requirements.
NOW, THEREFORE, BE IT RESOLVED that the Montclair Housing Authority Board of Directors does hereby find, determine, and order as follows:
SECTION 1: The above recitals are true and correct and are a substantive part of this Resolution.
SECTION 2: The Montclair Housing Authority hereby finds and determines that the transfer of the Property to the Montclair Housing Authority will ensure the continued preservation and availability of low– and moderate–income housing is available at an affordable cost.
SECTION 3: The Montclair Housing Authority is hereby authorized and directed to enter Agreement No. 25–61, an Affordable Housing Agreement by and among the City of Montclair, Montclair Housing Authority, and Montclair Housing Corporation.
SECTION 4: The Montclair Housing Authority agrees to accept the transfer of Property from the City of Montclair. The Executive Director of the Montclair Housing Authority, or designee, is authorized to record the grant deeds and further actions which are necessary or appropriate to transfer the Property to the Montclair Housing Authority.
SECTION 5: The Montclair Housing Authority Secretary shall certify to the adoption of this Resolution.
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 49 of 118 MHA Resolution No. 25–01 Page 2 of 2
APPROVED AND ADOPTED this XX day of XX, 2025.
Chairman
ATTEST:
Secretary
I, Andrea M. Myrick, Secretary of the Montclair Housing Authority, DO HEREBY CERTIFY that Resolution No. 25–01 was duly adopted by the Montclair Housing Authority Board of Directors at a regular meeting thereof held on the XX day of XX, 2025, and that it was adopted by the following vote, to–wit:
AYES: XX
NOES: XX
ABSTAIN: XX
ABSENT: XX
Andrea M. Myrick
Secretary
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 50 of 118 MHC Resolution No. 25–02 Page 1 of 2
RESOLUTION NO. 25–02
A RESOLUTION OF THE MONTCLAIR HOUSING CORPORATION
APPROVING AGREEMENT NO. 25–61, AN AFFORDABLE HOUSING
AGREEMENT BY AND BETWEEN THE CITY OF MONTCLAIR,
MONTCLAIR HOUSING AUTHORITY, AND MONTCLAIR HOUSING
CORPORATION
WHEREAS, the City of Montclair (the "City") acquired property located at 9634 Central Avenue (the "Property") with funds from the City's Economic Development Agency Assets Fund, for the purpose of increasing, improving, and preserving the City of Montclair’s supply of low–and–moderate income housing available at an affordable cost; and
WHEREAS, the City is the owner of that Property within the corporate limits of the City of Montclair; and
WHEREAS, pursuant to the provisions of the California Housing Authority Law (Part 2 of Division 24 of the Health and Safety Code [herein, the "Housing Authority Law"]), the City has designated the Montclair Housing Authority (the "Housing Authority") as the successor housing entity for the City of Montclair; and WHEREAS, pursuant to the Housing Authority Law, the Housing Authority is a housing authority duly established and operating as a local housing authority performing a public function and may make and execute contracts necessary or convenient to the exercise of its powers; and
WHEREAS, the Montclair Housing Corporation (the "Housing Corporation") was formed as a 501(c)(3) to operate and maintain the housing assets including single and multi–family residential units of the Housing Authority; and WHEREAS, the City desires to convey to the Housing Authority the Property and the Housing Authority desires to acquire the Property from the City; and WHEREAS, upon acquiring of the Property, the Housing Authority intends to lease the Property to the Housing Corporation for operation of the Property as an affordable rental housing resources for low–to–moderate income households; and WHEREAS, Agreement No. 25–61, an Affordable Housing Agreement by and between the City, Housing Authority, and Housing Corporation, provides for the transaction contemplated above to occur in accordance with the public purposes and provisions of applicable state and local laws and requirements.
NOW, THEREFORE, BE IT RESOLVED that the Montclair Housing Corporation Board of Directors does hereby find, determine, and order as follows:
SECTION 1: The above recitals are true and correct and are a substantive part of this Resolution.
SECTION 2: The Montclair Housing Corporation hereby finds and determines that the transfer of the Property to the Montclair Housing Authority will ensure the continued preservation and availability of low– and moderate–income housing is available at an affordable cost.
SECTION 3: The Montclair Housing Corporation is hereby authorized and directed to enter Agreement No. 25–61, an Affordable Housing Agreement by and among the City of Montclair, Montclair Housing Authority, and Montclair Housing Corporation.
SECTION 4: The Montclair Housing Corporation authorizes the Executive Director of the Montclair Housing Corporation to execute Agreement No. 25–61 on behalf of the Montclair Housing Corporation.
SECTION 5: The Montclair Housing Corporation Secretary shall certify to the adoption of this Resolution.
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 51 of 118 MHC Resolution No. 25–02 Page 2 of 2
APPROVED AND ADOPTED this XX day of XX, 2025.
Chair
ATTEST:
Secretary
I, Andrea M. Myrick, Secretary of the Montclair Housing Corporation, DO HEREBY CERTIFY that Resolution No. 25–02 was duly adopted by the Montclair Housing Corporation Board of Directors at a regular meeting thereof held on the XX day of XX, 2025, and that it was adopted by the following vote, to–wit:
AYES: XX
NOES: XX
ABSTAIN: XX
ABSENT: XX
Andrea M. Myrick
Secretary
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 52 of 118 Agreement No. 25–61
AFFORDABLE HOUSING AGREEMENT
by and among the
MONTCLAIR HOUSING AUTHORITY
and the
CITY OF MONTCLAIR
and the
MONTCLAIR HOUSING CORPORATION
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 53 of 118 Agreement No. 25–61
i
TABLE OF CONTENTS
1. DEFINITIONS .......................................................................................................................... 1
2. CONVEYANCE OF THE PROPERTY ................................................................................... 2
2.1 Conveyance of Fee Title ............................................................................................... 2
2.2 Lease Terms.................................................................................................................. 3
2.3 Conditions Precedent to Commencement of Lease ...................................................... 3
3. COMPLIANCE WITH LAWS ................................................................................................. 3
4. USE OF THE PROPERTY ....................................................................................................... 3
4.1 Use In Conformance with Agreement .......................................................................... 3
4.2 Affordable Rental Housing ........................................................................................... 4
4.3 Occupancy Standards.................................................................................................... 5
4.4 Management and Maintenance .....................................................................................5
4.5 Rights of Access ........................................................................................................... 6
4.6 Nondiscrimination......................................................................................................... 7
4.7 Effect of Violation of the Terms and Provisions of this Agreement After Completion of Construction.......................................................................................... 8
5. REMEDIES............................................................................................................................... 8
5.1 Events of Default .......................................................................................................... 8
5.2 Remedies....................................................................................................................... 8
5.3 Force Majeure ............................................................................................................... 8
5.4 Attorneys’ Fees............................................................................................................. 9
5.5 Remedies Cumulative ................................................................................................... 9
5.6 Waiver of Terms and Conditions.................................................................................. 9
5.7 Non-Liability of Authority Officials and Employees ................................................... 9
6. GENERAL PROVISIONS........................................................................................................ 9
6.1 Time .............................................................................................................................. 9
6.2 Notices .......................................................................................................................... 9
6.3 Representations and Warranties of Operator .............................................................. 10
6.4 Limitation Upon Change in Ownership, Management and Control of Operator........ 10
6.5 No Third Parties Benefited ......................................................................................... 11
6.6 Partial Invalidity.......................................................................................................... 11
6.7 Governing Law ........................................................................................................... 11
6.8 Amendment................................................................................................................. 11
6.9 Approvals....................................................................................................................11 ATTACHMENT NO. 1 – LEGAL DESCRIPTION
ATTACHMENT NO. 2 – LEASE
ATTACHMENT NO. 3 – CITY DEED
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 54 of 118 Agreement No. 25–61
1 AFFORDABLE HOUSING AGREEMENT
THIS AFFORDABLE HOUSING AGREEMENT (the “Agreement”) is hereby entered into as of September 2, 2025 (the “Date of Agreement”), by and among the CITY OF MONTCLAIR, a California municipal corporation (the “City”), the MONTCLAIR HOUSING AUTHORITY, a public body, corporate and politic (the “Authority”), the and MONTCLAIR HOUSING CORPORATION, a California nonprofit public benefit corporation (the “Operator”).
RECITALS
A. Authority is a housing authority duly established and operating as a local housing authority pursuant to the California Housing Authority Law, Chapter 1 of Part 2 of Division 24 of the California Health and Safety Code (“Housing Authority Law” or “HAL”).
B. City is the owner of that certain property located within the corporate limits of the City of Montclair, located at 9634 Central Avenue, Montclair, California (the “Property” or “House”). The Property is further described in the Legal Description which is attached hereto as Attachment No. 1.
C. City desires to convey to Authority the Property and Authority desires to acquire the Property from the City as provided herein.
D. Upon acquiring the Property, Authority intends to lease the Property to the Operator for the operation of the Property as an affordable rental housing resources for households of “Moderate Income” as defined below.
E. The transaction contemplated by this Agreement is in the vital and best interest of the City and the health, safety and welfare of its residents, and in accord with the public purposes and provisions of applicable state and local laws and requirements.
NOW, THEREFORE, the parties hereto agree as follows:
1. DEFINITIONS. The following terms shall have the following definitions for the purpose of this Agreement:
“Additional Rent” is defined in Section 2.2 hereof.
“Affordable Rent” is defined in Section 4.2(f) hereof.
“Authority” means the Montclair Housing Authority, a public body, corporate and politic, exercising governmental functions and powers and organized and existing under the Housing Authority Law of the State of California, and any assignee of or successor to its rights, powers and responsibilities.
“Agreement” means this Affordable Housing Agreement among Authority, City, and Operator.
“Authority Executive Director” means the Executive Director of the Authority or his or her designee.
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 55 of 118 Agreement No. 25–61
2 “City” means the City of Montclair, California, a California municipal corporation. “City Code” means and refers to the City of Montclair Municipal Code as revised from time to time.
“City Deed” means a grant deed substantially in the form of Attachment No. 3. “Date of Agreement” is defined in the first paragraph of this Agreement. “Event of Default” means the failure of a party to perform any action or covenant required by this Agreement within the time periods provided herein following notice and opportunity to cure, as set forth in Section 5.1 hereof.
“House” means the single family home which islocated on and constitutes part of the Property. “Housing Authority Law” or “HAL” has the meaning set forth therefor in Recital A. “Moderate Income Household” shall mean a household earning between eighty percent (80%) to one-hundred and twenty percent (120%) of San Bernardino County median income as determined pursuant to Health and Safety Code Section 50079.5.
“Net Profits” shall mean all gross income from the Property, including without limitation rents and interest on security deposits, less the sum of the Operating Expenses. “Operating Expenses” shall mean actual, reasonable and customary costs, fees and expenses directly incurred and attributable to the operation, maintenance, and management of the Property. The Operating Expenses shall not include non-cash expenses, including without limitation, depreciation. “Operator” means the Montclair Housing Corporation, a California nonprofit public benefit corporation.
“Parties” means, collectively, City, Authority, and Operator. “Property” means the single family house in the City of Montclair located at 9634 Central Avenue, Montclair, California, and described in the Legal Descriptions. “Property Value” means the amount of Six Hundred and Thirty Thousand Dollars ($630,000).
The Property’s Value is mutually believed to be by each of the Parties to represent the fair market value of the Property as of the Date of Agreement.
2. CONVEYANCE OF THE PROPERTY.
2.1 Conveyance of Fee Title. City agrees to convey to Authority the Property by City Deed. The purchase price payable by Authority to City in consideration of the conveyance of the Property shall be One Dollar ($1.00) (the “Authority Purchase Price”); provided that City may waive receipt of Authority Purchase Price. Upon request therefor by Authority, City will, in connection with the conveyance of the Property, provide to Authority an owner’s standard ALTA policy of title insurance as to the Property by a title insurer mutually acceptable to City and Authority, with the policy to be based upon the Property Value (the “Authority Title Policy”). Any and all documentary transfer MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 56 of 118 Agreement No. 25–61
3 taxes, recording fees, escrow charges, premiums for title insurance, and any costs associated with the conveyance of the Property to Authority shall be borne by City.
2.2 Lease Terms. Subject to the satisfaction of all of the conditions precedent to commencement of the Lease set forth in Section 2.3 hereof, the Authority shall lease the Property to the Operator for a fifteen (15) year term at a base rental amount of One Dollar ($1.00) per year together with the “Additional Rent” as set forth below. The terms and conditions of such lease shall be set forth in a “Lease” to be executed by the Authority and the Operator in the form of Attachment No. 2 which is attached hereto and incorporated herein.
At the end of each operating year, the Operator shall calculate total gross operating revenue for that year, and shall thereupon pay to the Authority as “Additional Rent” an amount equal to Net Profits, which equals total gross operating revenue less the Operating Expenses for that year. If total gross revenue from the Property for that year is less than the Operating Expenses, no Additional Rent shall be payable and the Operator shall be responsible for such additional costs from its own funds, and shall not be entitled to additional compensation from the Authority or be entitled to reduce the required level of services. The Authority and its authorized representatives shall, at all times, have access for the purpose of audit or inspection to any and all books, documents, papers, records, property, and premises of the Operator which in any manner relate to the expenses and revenues of the Property under this Agreement and the Operator’s obligations hereunder. The Operator’s staff shall cooperate fully with authorized auditors when they conduct audits and examinations of Authority funded programs. Within thirty (30) days of the submittal of such audit report, the Operator shall provide a written response to all conditions or findings reported in such audit report. The response must discuss each condition or finding and set forth a proposed resolution, including a schedule for correcting any deficiency. All conditions or correction actions shall take place within six (6) months after receipt of the audit report unless the Authority Executive Director or designee authorizes an extension of time to submit such corrections.
2.3 Conditions Precedent to Commencement of Lease. Prior to and as conditions to the Authority’s execution of and the commencement of the Lease: (i) City shall have conveyed the titles of the Property to Authority; (ii) if requested by Authority, City shall have caused to be delivered to Authority the Authority Title Policy; (iii) Operator shall have executed the Lease; and (iv) Operator shall have provided proof of insurance (certificates) conforming to Section 3.7 of this Agreement.
3. COMPLIANCE WITH LAWS. Operator shall carry out the operation of the Property in conformity with all applicable laws, including all applicable state labor standards, City zoning and development standards, building, plumbing, mechanical and electrical codes, and all other provisions of the City Code, and all applicable disabled and handicapped access requirements, including without limitation the Americans With Disabilities Act, 42 U.S.C. Section 12101, et seq., Government Code Section 4450, et seq., Government Code Section 11135, et seq., and the Unruh Civil Rights Act, Civil Code Section 51, et seq.
4. USE OF THE PROPERTY.
4.1 Use in Conformance with Agreement. The Operator covenants and agrees for itself, its successors, its assigns and every successor in interest to the Property or any part thereof that, during the term of this Agreement, the Operator, such successors and such assignees, shall use, MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 57 of 118 Agreement No. 25–61
4 operate and maintain the Property in conformity with this Agreement and shall devote the Property to the uses specified in this Agreement for the periods of time specified therein.
4.2 Affordable Rental Housing.
(a) Number of Units. Upon the commencement of the Lease, the Operator agrees to make available, restrict occupancy to, and rent the House to Moderate Income Households, at an Affordable Rent.
(b) Lease Requirements. Prior to rental of the House within the Property, the Operator shall submit a standard lease form to the Authority for the Authority’s approval. The Authority Executive Director, or designee, shall reasonably approve such lease form upon finding that such lease form is consistent with this Agreement. The Operator shall enter into a lease, in the form approved by the Authority, with each tenant of the House. (c) Duration of Affordability Requirements. The House shall be subject to the requirements of this Section 4.2 for a period coextensive with the term of the Lease. The duration of this requirement shall be known as the “Affordability Period.” All tenants residing in the House during the last two (2) years of the Affordability Period shall be given notice at least once every six (6) months of the expiration date of this requirement, and that the rent payable on the House may be raised to a market rate rent at the end of the Affordability Period. (d) Selection of Tenants. The House shall be leased to tenants selected by the Operator who meet all of the requirements provided herein. The Authority may, from time to time, assist in the leasing of the House by providing to the Operator names of persons who have expressed interest in renting the House. The Operator shall adopt a tenant selection system, which shall be approved by the Authority Executive Director, or designee. The tenant selection system shall include, without limitation, a method for investigation of the credit history of proposed tenants through obtaining a credit report on the proposed tenant. Highest priority in the selection of tenants shall be given to those applicants who have been displaced by Authority projects, if any. (e) Income of Tenants. Prior to the rental or lease of the House to tenants, and annually thereafter, the Operator shall obtain an income certification from each tenant of the Property. The Operator shall verify the income certification of the tenant in one or more of the following methods:
(1) obtain two (2) paycheck stubs from the tenant’s two (2) most recent pay periods, if any.
(2) obtain a true copy of an income tax return from the tenant for the most recent tax year in which a return was filed.
(3) obtain an income verification certification from the employer of the tenant.
(4) obtain an income verification certification from the Social Security Administration and/or the California Department of Social Services if the tenant receives assistance from such agencies.
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 58 of 118 Agreement No. 25–61
5 (5) obtain a credit report from a commercial credit reporting agency. (6) obtain an alternate form of income verification reasonably requested by the Operator, if none of the above forms of verification is available to the Operator.
A person or family who at the time of income certification qualified as a Moderate Income Household shall continue to be deemed so qualified until such time as the person or family’s income is redetermined and the person or family is determined by the Operator to no longer be so qualified, even if such person or family’s income has subsequently increased to an amount above the applicable income level. Upon the Operator’s determination that the tenant is no longer qualified as a Moderate Income Household, such tenant shall no longer be eligible to rent such House and shall be given a written notice which requires such tenant to vacate the House within sixty (60) days, and the Operator shall provide assistance to such tenants in finding another appropriate rental unit in the vicinity. The tenant lease shall contain the above provisions. In addition, the Operator shall annually submit to the Authority a certification that the House are actually occupied by a Moderate Income Household in the form which is provided by the Authority. (f) Determination of Affordable Rent for the Property. The House shall be rented at an “Affordable Rent” to be established by the Authority as provided herein. The maximum monthly rental amount for the House shall be established at not greater than the lesser of (a) fair market rent, as reasonably determined by the Operator, or (b) thirty percent (30%) of sixty percent (60%) of San Bernardino County median income for a household size appropriate for the House or, if greater, the amount determined pursuant to Health and Safety Code section 50053(b)(3). For purposes of this Section 4.2, “rent” means the total of monthly payments for (a) use and occupancy of the House and land and facilities associated therewith, (b) any separately charged fees or service charges assessed by the Operator which are required of all tenants, other than security deposits, (c) a reasonable allowance for an adequate level of service of utilities not included in (a) or (b) above, including garbage collection, sewer, water, electricity, gas and other heating, cooking and refrigeration fuels, but not including telephone service, and (d) possessory interest, taxes or other fees or charges assessed for use of the land and facilities associated therewith by a public or private entity other than Operator. The Authority may in its discretion base the utilities allowance on a utilities allowance adopted in connection with the Section 8 program administered by the United States Department of Housing and Urban Development. Household size appropriate to the unit shall mean two persons for a one bedroom House, three persons for a two bedroom House, four persons for a three bedroom House, and five persons for a four bedroom House. Upon the approval of the Authority or the Authority Executive Director, rents may be established at amounts which are lower than the maximum monthly rental amounts set forth above.
4.3 Occupancy Standards. Occupancy of the House shall be limited to five (5) persons.
4.4 Management and Maintenance. The Operator shall manage and maintain the Property in conformity with the City Code. The following standards shall be complied with by Operator and its maintenance staff, contractors or subcontractors:
(a) Operator shall maintain the Property in a safe and sanitary fashion and in first class condition for single family houses of their age and type.
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 59 of 118 Agreement No. 25–61
6 (b) Landscape maintenance shall include, but not be limited to:
watering/irrigation; fertilization; mowing, edging, and trimming of grass; tree and shrub pruning; trimming and shaping of trees and shrubs to maintain a healthy, natural appearance and safe road conditions and visibility, and optimum irrigation coverage; replacement, as needed, of all plant materials; control of weeds in all planters, shrubs, lawns, ground covers, or other planted areas; and staking for support of trees.
(c) Clean-up maintenance shall include, but not be limited to: maintenance of all private paths, parking areas, driveways and other paved areas in clean and weed-free condition; maintenance of all such areas clear of dirt, mud, trash, debris or other matter which is unsafe or unsightly; removal of all trash, litter and other debris from improvements and landscaping prior to mowing; clearance and cleaning of all areas maintained prior to the end of the day on which the maintenance operations are performed to ensure that all cuttings, weeds, leaves and other debris are properly disposed of by maintenance workers.
(d) All maintenance work shall conform to all applicable federal and state Occupation Safety and Health Act standards and regulations for the performance of maintenance. (e) Any and all chemicals, unhealthful substances, and pesticides used in and during maintenance shall be applied only by persons possessing valid California applicators licenses, and in strict accordance with all governing regulations. Precautionary measures shall be employed recognizing that all areas are open to public access. (f) Operator shall make such capital repairs to the Property as are necessary, including the following: carpet and drape replacement; appliance replacement; exterior painting, hot water heater replacement; plumbing fixtures replacement, including tubs and showers, toilets, lavatories, sinks, faucets; air conditioning and heating replacement; asphalt repair and replacement, and seal coating; roofing repair and replacement; landscape tree replacement and irrigation pipe and controls replacement; gas line pipe replacement; and lighting fixture replacement.
Management and maintenance shall be overseen by the Authority or its designee and, if the above standards are breached, after notice and opportunity to cure within the time set forth in this paragraph, the Authority or its designee may in its reasonable discretion direct the Operator to and the Operator shall hire a management company acceptable to the Authority to manage the Property.
If, at any time, the Operator or the management company fails to adequately maintain such areas, and such condition is not corrected immediately upon notice of an imminent threat to health and safety or after expiration of thirty (30) days from the date of written notice from the Authority for all other violations, the Authority may (but shall not be obligated to) perform the necessary maintenance and Operator shall pay such costs as are reasonably incurred for such maintenance.
4.5 Rights of Access. The Authority, for itself and for the City and other public agencies, at their sole risk and expense, shall have the right to inspect the Property. Any such inspection shall be made only after reasonable notice to Operator. Upon receipt of such notice, the Operator agrees to cooperate with the Authority in making the Property available for inspection by the Authority and/or City. Operator acknowledges and agrees that in the event that if for any reason the Operator fails to consent to such entry or inspection, the Authority may obtain an administrative inspection warrant or take such other legal actions as may be necessary to gain entry to and inspect the Property. Authority shall indemnify and hold Operator harmless from any costs, claims, damages or liabilities pertaining to any entry.
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 60 of 118 Agreement No. 25–61
7 4.6 Nondiscrimination. The Operator covenants by and for itself and any successors in interest that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, nor shall Operator itself or any person claiming under or through it establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the Site or any portion thereof. The foregoing covenants shall run with the land.
The Operator shall refrain from restricting the rental, sale or lease of the Property on the basis of race, color, creed, religion, sex, marital status, disability, familial status, national origin or ancestry of any person. All such deeds, leases or contracts shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses:
(a) In deeds: “The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land.”
(b) In leases: “The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions:
“That there shall be no discrimination against or segregation of any person or group of persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the premises herein leased nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, lessees, sublessees, subtenants, or vendees in the premises herein leased.”
(c) In contracts: “There shall be no discrimination against or segregation of any person or group of persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the premises subject to this agreement nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, lessees, sublessees, subtenants, or vendees in the premises.”
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 61 of 118 Agreement No. 25–61
8 The covenants established in this Agreement and the Lease for the Property shall, without regard to technical classification and designation, be binding for the benefit and in favor of the Authority, its successors and assigns, the City and any successor in interest to the Property. The covenants against discrimination shall remain in effect in perpetuity. However, nothing in this Section 4.6 shall give the Operator any additional rights to convey a fee or leasehold interest in the Property except as otherwise authorized by this Agreement.
4.7 Effect of Violation of the Terms and Provisions of this Agreement After Completion of Construction. The covenants established in this Agreement shall, without regard to technical classification and designation, be binding upon and for the benefit and in favor of the Operator and the Authority, their respective successors and assigns, as to those covenants which are for their benefit. The covenants contained in this Agreement shall remain in effect until the expiration of the Affordability Period. The covenants against discrimination shall remain in perpetuity. The Authority is deemed the beneficiary of the terms and provisions of this Agreement and of the covenants running with the land, for and in its own rights and for the purposes of protecting the interests of the community and other parties, public or private, in whose favor and for whose benefit this Agreement and the covenants running with the land have been provided. The Agreement and the covenants shall run in favor of the Authority, without regard to whether the Authority has been, remains or is an owner of any land or interest therein in the Property. The Authority shall have the right, if the Agreement or covenants are breached, to exercise all rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breaches to which it or any other beneficiaries of this Agreement and covenants may be entitled.
5. REMEDIES.
5.1 Events of Default. An “Event of Default” shall occur under this Agreement when there shall be a material breach of any condition, covenant, warranty, promise or representation contained in this Agreement and such breach shall continue for a period of thirty (30) days after written notice thereof to the defaulting party without the defaulting party curing such breach, or if such breach cannot reasonably be cured within such thirty (30) day period, commencing the cure of such breach within such thirty (30) day period and thereafter diligently proceeding to cure such breach; provided, however, that if a different period or notice requirement is specified for any particular breach under any other paragraph of this Agreement, the specific provision shall control.
5.2 Remedies. The occurrence of any Event of Default shall give the nondefaulting party the right to proceed with any and all remedies set forth in this Agreement, including an action for damages, an action or proceeding at law or in equity to require the defaulting party to perform its obligations and covenants under this Agreement or to enjoin acts or things which may be unlawful or in violation of the provisions of this Agreement, and the right to terminate this Agreement.
5.3 Force Majeure. Subject to the party’s compliance with the notice requirements as set forth below, performance by either party hereunder shall not be deemed to be in default, and all performance and other dates specified in this Agreement shall be extended, where delays or defaults are due to war, insurrection, strikes, lockouts, riots, floods, earthquakes, fires, assaults, acts of God, acts of the public enemy, epidemics, pandemics, quarantine restrictions, freight embargoes, lack of transportation, governmental restrictions or priority, litigation, unusually severe weather, inability to secure necessary labor, materials or tools, acts or omissions of the other party, acts or failures to act of any public or governmental entity (except that the Authority’s acts or failure to act shall not excuse performance of the Authority hereunder), or any other causes beyond the control and MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 62 of 118 Agreement No. 25–61
9 without the fault of the party claiming an extension of time to perform. An extension of the time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other party within thirty (30) days of the commencement of the cause.
In addition to the foregoing, following the acquisition of the Property by Authority, the Authority Executive Director shall have the authority to extend times for performance by up to one hundred eighty (180) days in the aggregate without necessity of further action by the governing board of the Authority.
5.4 Attorneys’ Fees. In addition to any other remedies provided hereunder or available pursuant to law, if either party brings an action or proceeding to enforce, protect or establish any right or remedy hereunder, the prevailing party shall be entitled to recover from the other party its costs of suit, including without limitation expert witness fees, and reasonable attorneys’ fees.
5.5 Remedies Cumulative. No right, power, or remedy given to the Authority by the terms of this Agreement is intended to be exclusive of any other right, power, or remedy; and each and every such right, power, or remedy shall be cumulative and in addition to every other right, power, or remedy given to the Authority by the terms of any such instrument, or by any statute or otherwise against Operator and any other person.
5.6 Waiver of Terms and Conditions. The Authority may, in its sole discretion, waive in writing any of the terms and conditions of this Agreement. Waivers of any covenant, term, or condition contained herein shall not be construed as a waiver of any subsequent breach of the same covenant, term, or condition.
5.7 Non-Liability of Authority Officials and Employees. No member, official, employee or agent of the City or Authority shall be personally liable to Operator, or any successor in interest, in the event of any default or breach by the Authority or for any amount which may become due to Operator or its successors, or on any obligations under the terms of this Agreement.
6. GENERAL PROVISIONS.
6.1 Time. Time is of the essence in this Agreement.
6.2 Notices. Any notice requirement set forth herein shall be deemed to be satisfied three (3) days after mailing of the notice first-class United States certified mail, postage prepaid, or by personal delivery, addressed to the appropriate party at the following addresses:
Authority: Montclair Housing Authority
5111 Benito Street
Montclair, California 91763
Attention: Executive Director
Lessee: Montclair Housing Corporation
5111 Benito Street
Montclair, California 91763
Attention: Executive Director
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 63 of 118 Agreement No. 25–61
10 City: City of Montclair
5111 Benito Street
Montclair, California 91763
Attention: City Manager
6.3 Representations and Warranties of Operator. Operator hereby represents and warrants to the Authority as follows:
(a) Organization. Operator is a duly organized, validly existing nonprofit corporation in good standing under the laws of the State of California and has the power and authority to own its property and carry on its business as now being conducted. (b) Authority of Operator. Operator has full power and authority to execute and deliver this Agreement and to make and accept the borrowings contemplated hereunder, to execute and deliver the documents or instruments executed and delivered, or to be executed and delivered, pursuant to this Agreement, and to perform and observe the terms and provisions of all of the above.
(c) Valid Binding Agreement. This Agreement and all other documents or instruments which have been executed and delivered pursuant to or in connection with this Agreement constitute or, if not yet executed or delivered, will when so executed and delivered constitute, legal, valid and binding obligations of Operator enforceable against it in accordance with their respective terms.
(d) Pending Proceedings. Operator is not in default under any law or regulation or under any order of any court, board, commission or agency whatsoever, and there are no claims, actions, suits or proceedings pending or, to the knowledge of Operator, threatened against or affecting Operator, at law or in equity, before or by any court, board, commission or agency whatsoever which might, if determined adversely to Operator, materially affect Operator’s ability to perform its obligations hereunder.
6.4 Limitation Upon Change in Ownership, Management and Control of Operator.
(a) Prohibition. The identity and qualifications of Operator are of particular concern to the Authority. It is because of this identity and these qualifications that the Authority has entered into this Agreement with Operator. No voluntary or involuntary successor in interest of Operator shall acquire any rights or powers under this Agreement by assignment or otherwise, nor shall Operator make any total or partial sale, transfer, conveyance, encumbrance to secure financing, assignment or lease of the whole or any part of the Property without the prior written approval of the Authority, which approval may be granted, conditionally granted, or denied at the sole and absolute discretion of the Authority Executive Director; provided that the rental of the Property by Operator to a Moderate Income household at Affordable Rent in conformity with the Lease shall not require the specific approval by the Authority Executive Director. (b) Successors and Assigns. This Agreement shall run with the land, and all of the terms, covenants and conditions of this Agreement shall be binding upon Operator and the permitted successors and assigns of Operator. Whenever the term “Operator” is used in this Agreement, such term shall include any other permitted successors and assigns as herein provided.
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 64 of 118 Agreement No. 25–61
11 6.5 No Third Parties Benefited. This Agreement is made and entered into for the sole protection and benefit of the Authority, its successors and assigns, City, successors and assigns, and Operator, its permitted successors and assigns, and no other person or persons shall have any right of action hereon.
6.6 Partial Invalidity. If any provision of this Agreement shall be declared invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions hereof shall not in any way be affected or impaired.
6.7 Governing Law. This Agreement and other instruments given pursuant hereto shall be construed in accordance with and be governed by the laws of the State of California. Any references herein to particular statutes or regulations shall be deemed to refer to successor statutes or regulations, or amendments thereto.
6.8 Amendment. This Agreement may not be changed orally, but only by agreement in writing signed by Operator and the Authority.
6.9 Approvals. Where an approval or submission is required under this Agreement, such approval or submission shall be valid for purposes of this Agreement only if made in writing. Where this Agreement requires an approval or consent of the Authority, such approval may be given on behalf of the Authority by the Authority Executive Director or his or her designee. The Authority Executive Director or his or her designee is hereby authorized to take such actions as may be necessary or appropriate to implement this Agreement, including without limitation the execution of such documents or agreements as may be contemplated by this Agreement. The Authority Executive Director is authorized to execute amendments of this Agreement so long as such amendments do not materially increase the costs to be incurred by the Authority hereunder or materially decrease the revenues to be received by the Authority hereunder.
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 65 of 118 Agreement No. 25–61
S-1
IN WITNESS WHEREOF, the Authority, City, and the Operator have executed this Agreement as of the date set forth above.
MONTCLAIR HOUSING AUTHORITY,
a public body corporate and politic
By:
Edward C. Starr
Authority Executive Director
CITY OF MONTCLAIR,
a municipal corporation
By:
Edward C. Starr
City Manager
MONTCLAIR HOUSING CORPORATION,
a California nonprofit public benefit corporation
By:
Edward C. Starr
Executive Director
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 66 of 118 Agreement No. 25–61
Attachment No. 1
ATTACHMENT NO. 1
LEGAL DESCRIPTION
That certain real property located in the State of California, County of San Bernardino, City of Montclair, and described as follows:
APN:
1008-622-48-0000
Lot 27, Tract No. 3438, in the City of Montclair, County of San Bernardino, State of California, As Per Map Recorded In Book 53, Page 62 and 63 of Maps, in the office of the County Recorder of Said County.
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 67 of 118 Agreement No. 25–61
Attachment No. 2
ATTACHMENT NO. 2
LEASE
By and Between
THE MONTCLAIR HOUSING AUTHORITY
and
MONTCLAIR HOUSING CORPORATION
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 68 of 118 Agreement No. 25–61
Attachment No. 2
LEASE
THIS LEASE (the “Lease”) is made as of September 2, 2025, by and between the MONTCLAIR HOUSING AUTHORITY, a public body, corporate and politic (the “Authority” or “Lessor”), and MONTCLAIR HOUSING CORPORATION, a California nonprofit public benefit corporation (the “Operator” or “Lessee”).
SECTION 1. SUBJECT OF LEASE.
1.1 Purpose of the Lease. The purpose of this Lease is to effectuate the Affordable Housing Agreement by and among the Authority, the City of Montclair, a municipal corporation (the “City”), and the Operator dated September 2, 2025 (the “Agreement”), by providing for the lease of the “Property” (as hereinafter defined) within the City of Montclair to Lessee and the sublease of the Property to Moderate Income Persons. The Agreement, which is available in the offices of the Authority as a public record, is incorporated herein by reference and made a part hereof as though fully set forth herein.
SECTION 2. LEASE OF THE PROPERTY.
The Authority, for and in consideration of the rents, covenants and agreements hereinafter reserved and contained on the part of Lessee to be paid, kept, performed and observed by Lessee, hereby leases to Lessee, and Lessee hereby leases from Authority, that certain real property consisting of single family house in the City of Montclair (the “City”) located at 9634 Central Avenue (the “House”), and having the legal description in the “Legal Description” attached hereto as Exhibit A and incorporated herein by this reference. Except as expressly provided to the contrary in this Lease, reference to the Property is to the described land, inclusive of any improvements now or hereafter located on the land.
SECTION 3. LEASE TERM.
Lessee shall lease the Property from Authority and Authority shall lease the Property to Lessee for a term commencing on September 2, 2025 (the “Commencement Date”) and continuing until [September 2, 2040] (the “Term”), unless sooner terminated as provided for herein. The term “Lease Year” shall mean a period commencing on the Commencement Date or an anniversary thereof and continuing for one full calendar year thereafter.
SECTION 4. USE OF THE PROPERTY.
4.1 Use of the Property. Lessee covenants and agrees for itself, its successors and assigns, that during the Term, the Property shall be devoted to those uses as set forth in the Agreement.
4.2 Management. Lessee shall manage or cause the Property to be managed in a prudent and business-like manner, consistent with first-class single family rental housing in San Bernardino County, California.
Lessee may contract with a management company or manager to operate and maintain the Property in accordance with the terms of this Lease; provided, however, that the selection and hiring of such management company shall be subject to approval by Authority, or its Executive Director.
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 69 of 118 Attachment No. 2
Lessee may act as manager. Approval of a management company or manager by Authority shall not be unreasonably withheld. If, at any time, the management company is not performing to the reasonable satisfaction of the Authority, or its Executive Director or the City Manager of the City, and said condition is not corrected after expiration of ninety (90) days from the date of written notice from the Authority, the Authority may direct the Lessee to, and the Lessee shall, terminate immediately the management contract. Notwithstanding the above, Lessee shall use its best efforts to correct any defects in management at the earliest feasible time and, if necessary, to replace the management company prior to the elapsing of such time period.
4.3 Only Lawful Uses Permitted. Lessee shall not use the Property for any purpose that is in violation of any law, ordinance or regulation of any federal, state, county or local governmental agency, body or entity. Furthermore, Lessee shall not maintain or commit any nuisance, as now or hereafter defined by any applicable statutory or decisional law, on the Property, or any part thereof.
SECTION 5. RENT.
5.1 Net Lease. It is the intent of the parties hereto that the rent provided herein shall be absolutely net to Authority and that Lessee shall pay all costs, charges and expenses of every kind and nature against the Property which may arise or become due during the Term and which, except for execution hereof, would or could have been payable by Authority.
5.2 Rent.
(A) During the Term of this Lease, Lessee agrees to pay in advance, on the Commencement Date and thereafter on the first day of each “Lease Year” (as hereinafter defined), rent in the amount of One Dollar ($1.00) per house. The parties understand and acknowledge that the primary consideration for this Lease is the performance of the covenants set forth in this Lease and the Agreement, particularly (without limitation, however) the covenants to rent the units to moderate income tenants at an affordable rent pursuant to Section 6 hereof and Section 4.2 of the Agreement.
As used herein, a “Lease Year” shall consist of twelve (12) consecutive calendar months ending on the anniversary (the “Anniversary Date”) of the day immediately preceding the Commencement Date. (B) During the Term of this Lease, Lessee agrees to pay at the end of each Lease Year the “Additional Rent,” as herein defined. At the end of each Operating Year, the Lessee shall calculate total gross operating revenue for that year, and shall thereupon pay to the Authority as “Additional Rent” an amount equal to total gross operating revenue less the operating costs for that year. If total gross operating revenue for that year is less than operating costs, no Additional Rent shall be payable and the Lessee and the Authority shall negotiate in good faith for the Authority to provide additional compensation to cover such deficit. The Authority and its authorized representatives shall, at all times, have access for the purpose of audit or inspection to any and all books, documents, papers, records, property, and premises of the Lessee which in any manner relate to the expenses and revenues of the Property under this Lease and the Lessee’s obligations hereunder. The Lessee’s staff shall cooperate fully with authorized auditors when they conduct audits and examinations of Authority funded programs. Within thirty (30) days of the submittal of such audit report, the Lessee shall provide a written response to all conditions or findings reported in such audit report. The response must discuss each condition or finding and set forth a proposed resolution, including a schedule for correcting any deficiency. All conditions or correction actions shall take place within six (6) months after receipt of the audit report unless the Authority Executive Director or designee authorizes an extension of time to submit such corrections.
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 70 of 118 Attachment No. 2
5.3 Payment of Rent. All rent that becomes due and payable pursuant to this Lease shall be paid to the Authority at the address of the Authority listed in Section 26.7 or such other place as the Authority may from time to time designate by written notice to the Lessee without notice or demand, and without setoff, counterclaim, abatement, deferment, suspension or deduction. Except as expressly provided herein, under no circumstances or conditions, whether now existing or hereafter arising, or whether beyond the present contemplation of the parties, shall the Authority be expected or required to make any payment of any kind whatsoever or to perform any act or obligation whatsoever or be under any obligation or liability hereunder or with respect to the Property.
SECTION 6. AFFORDABLE HOUSING REQUIREMENTS
6.1 Affordable Unit. The Lessee agrees to make available, restrict occupancy to, and rent the House to “Moderate Income Households” at the rents established pursuant to Section 6.6 hereof. “Moderate Income Household” shall mean a household earning between eighty percent (80%) to onehundred and twenty percent (120%) of San Bernardino County median income as determined pursuant to Health and Safety Code Section 50079.5.
6.2 Lease Requirements. Prior to rental of the Property, Lessee shall submit a standard lease form to the Authority for Authority’s approval. The Authority shall approve such lease form upon finding that such lease form is consistent with this Lease and the Agreement. The Lessee shall enter into a lease, in the form approved by the Authority, with each tenant of the House.
6.3 Duration of Affordability Requirements. The Property shall be subject to the requirements of this Section 6 for a period coextensive with the term of this Lease beginning on the Commencement Date. The duration of this requirement shall be known as the “Affordability Period.” All tenants residing in the House during the last two (2) years of the Affordability Period shall be given notice by the Lessee at least once every six (6) months of the expiration date of this requirement, and that the rent payable on the Property may be raised to a market rate rent at the end of the Affordability Period.
6.4 Selection of Tenants. The Property shall be leased to tenants selected by the Lessee who meet all of the requirements provided herein. The Authority may, from time to time, assist in the leasing of the House by providing to the Lessee names of persons who have expressed interest in renting the House. Lessee shall adopt a tenant selection system, which shall be approved by the Authority. The tenant selection system shall include, without limitation, a method for investigation of the credit history of proposed tenants through obtaining a credit report on the proposed tenant. Highest priority in the selection of tenants shall be given to those applicants who have been displaced by Authority projects, if any.
6.5 Income of Tenants. Prior to the rental or lease of each of the House to a tenant, and annually thereafter, the Lessee shall obtain an income certification from the tenant of the Property.
The Lessee shall verify the income certification of the tenant in one or more of the following methods:
(A) obtain two (2) paycheck stubs from the tenant’s two (2) most recent pay periods, if any.
(B) obtain a true copy of an income tax return from the tenant for the most recent tax year in which a return was filed.
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 71 of 118 Attachment No. 2
(C) obtain an income verification certification from the employer of the tenant. (D) obtain an income verification certification from the Social Security Administration and/or the California Department of Social Services if the tenant receives assistance from such agencies.
(E) obtain a credit report from a commercial credit reporting agency. (F) obtain an alternate form of income verification reasonably requested by the Lessee, if none of the above forms of verification is available to the Lessee.
A person or family who at the time of income certification qualified as a Moderate Income Household shall continue to be deemed so qualified, until such time as the person or family’s income is redetermined and the person or family is determined by the Lessee to no longer be so qualified, even if such person or family’s income has subsequently increased to an amount above the applicable income level. Upon the Lessee’s determination that the tenant is no longer qualified as a Moderate Income Household, such tenant shall no longer be eligible to rent the Property and shall be given a written notice which requires such tenant to vacate the Property within sixty (60) days, and the Lessee shall provide assistance to such tenants in finding another appropriate rental unit in the vicinity.
The tenant lease shall contain the above provisions. In addition, the Lessee shall annually submit to the Authority a certification that the House is actually occupied by Low-Income Households in such form as may be provided by the Authority.
6.6 Determination of Affordable Rent for the Property. The House shall be rented at an “Affordable Rent” to be established by the Authority as provided herein. The maximum monthly rental amount for the Property shall be established at the lesser of (a) fair market rent, as reasonably determined by the Operator, or (b) thirty percent (30%) of sixty percent (60%) of San Bernardino County median income for a household size appropriate for the unit or, if greater, the amount determined pursuant to Health and Safety Code section 50053(b)(3). Household size appropriate to the unit shall mean two persons for a one bedroom House, three persons for a two bedroom House, four persons for a three bedroom House, and five persons for a four bedroom House. The rents of the Property may be increased once per year, regardless of when particular tenants commenced occupancy of the House. The maximum monthly rental amount for the House shall include a reasonable utilities allowance to be determined by the Authority, which utilities allowance shall be set at an amount which will cover the projected charge for all utilities (whether paid for by Lessee or paid directly by the individual tenant), including gas and electrical service, water, sewer and garbage collection, but excluding telephone service and cable television. The Authority may in its discretion base the utilities allowance on a utilities allowance adopted in connection with the Section 8 program administered by the United States Department of Housing and Urban Development. Upon the approval of the Authority or Authority Executive Director, rents may be established at amounts which are lower than the maximum monthly rental amounts set forth above.
SECTION 7. UTILITIES AND TAXES.
7.1 Utilities. Lessee shall pay or cause to be paid by the tenants all charges for gas, electricity, water, sewer, garbage collection, cable television, and other utilities furnished to the House.
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 72 of 118 Attachment No. 2
7.2 Real Estate Taxes.
(A) As used herein, the term “real estate taxes” shall mean all real estate taxes, assessments for improvements to the House, municipal or county water and sewer rates and charges which shall be levied against the House, or any interest therein, and which become a lien thereon and accrues during the Term.
(B) The Property shall be assessed and taxed in the same manner as privately owned property, provided, however, that Lessee may apply for and obtain a full or partial exemption from property taxes. The Authority shall provide notice to the San Bernardino County Assessor within thirty (30) days of the commencement of this Lease as required by Health and Safety Code Section 33673.1. Lessee shall pay or cause to be paid, before any fine, penalty, interest or cost may be added thereto for the nonpayment thereof, all real estate taxes levied against any and all interests in the Property during the Term, and not merely the assessed value of the leasehold interest in the Property. (C) Any real estate taxes which are payable by Lessee hereunder shall be prorated between Authority and Lessee as of the Commencement Date and then again at the expiration or earlier termination of the Term.
(D) Lessee shall have the right to apply for the “welfare exemption” and any other applicable exemption from real property taxes, and shall further have the right to contest the amount or validity of any real estate taxes, in whole or in part, by appropriate administrative and legal proceedings, without any costs or expense to Authority. Lessee may postpone payment of any such contested real estate taxes pending the prosecution of such proceedings and any appeals so long as such proceedings shall operate to prevent the collection of such real estate taxes and the sale of the Property to satisfy any lien arising out of the nonpayment of the same, and Lessee furnishes a bond to Authority securing the payment of the same in the event a decision in such contest shall be adverse to Lessee.
7.3 Personal Property Taxes. Lessee covenants and agrees to pay before delinquency all personal property taxes, assessments and liens of every kind and nature upon all personalities as may be from time to time situated within the Property.
SECTION 8. OWNERSHIP OF IMPROVEMENTS, FIXTURES AND FURNISHINGS.
The Property shall, during the Term, be and remain the property of the Authority. Upon termination of this Lease, whether by expiration of the Term or otherwise, all fixtures and furnishings within the Property shall, without compensation to Lessee, be Authority’s property, free and clear of all claims to or against them by Lessee or any third person, firm or entity.
SECTION 9. INDEMNIFICATION: FAITHFUL PERFORMANCE.
Lessee shall not suffer or permit any liens to be enforced against the fee simple estate as to the Property, nor against Lessee’s leasehold interest therein by reason of work, labor, services or materials supplied or claimed to have been supplied to Lessee or anyone holding the Property, or any part thereof, through or under Lessee, and Lessee agrees to defend, indemnify and hold Authority harmless against such liens. If any such lien shall at any time be filed against the Property, Lessee shall, within thirty (30) days after notice to Lessee of the filing thereof, cause the same to be discharged of record; provided, however, that Lessee shall have the right to contest the amount or validity, in whole or in MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 73 of 118 Attachment No. 2
part, of any such lien by appropriate proceedings but in such event, Lessee shall notify Authority and promptly bond such lien in the manner authorized by law with a responsible surety company qualified to do business in the State of California or provide other security acceptable to Authority. Lessee shall prosecute such proceedings with due diligence. Nothing in this Lease shall be deemed to be, nor shall be construed in any way to constitute, the consent or request of Authority, express or implied, by inference or otherwise, to any person, firm or corporation for the performance of any labor or the furnishing of any materials for any construction, rebuilding, alteration or repair of or to the Property or any part thereof. Prior to commencement of any repair or alteration to the Property, Lessee shall give Authority not less than thirty (30) days advance notice in writing of intention to begin said activity in order that nonresponsibility notices may be posted and recorded as provided by State and local laws; provided that a shorter notice may be given in cases of emergency.
SECTION 10. MAINTENANCE AND REPAIR.
Lessee agrees to assume full responsibility for the management, operation and maintenance of the Property throughout the Term without expense to Authority, and to perform all repairs and replacements necessary to maintain and preserve the Property in a clean and safe condition reasonably satisfactory to Authority and in compliance with all applicable laws. Lessee agrees that Authority shall not be required to perform any maintenance, repairs or services or to assume any expense in connection with the Property. Lessee hereby waives all rights to make repairs or to cause any work to be performed at the expense of Authority as provided for in Section 1941 and 1942 of the California Civil Code.
The Lessee shall manage and maintain the Property in conformity with the Montclair Municipal Code.
The following standards shall be complied with by Lessee and its maintenance staff, contractors or subcontractors:
(A) Lessee shall maintain the Property in a safe and sanitary fashion in a first class condition.
(B) Landscape maintenance shall include, but not be limited to:
watering/irrigation; fertilization; mowing, edging, and trimming of grass; tree and shrub pruning; trimming and shaping of trees and shrubs to maintain a healthy, natural appearance and safe road conditions and visibility, and optimum irrigation coverage; replacement, as needed, of all plant materials; control of weeds in all planters, shrubs, lawns, ground covers, or other planted areas; and staking for support of trees.
(C) Clean-up maintenance shall include, but not be limited to: maintenance of all private paths, parking areas, driveways and other paved areas in clean and weed-free condition; maintenance of all such areas clear of dirt, mud, trash, debris or other matter which is unsafe or unsightly; removal of all trash, litter and other debris from improvements and landscaping prior to mowing; clearance and cleaning of all areas maintained prior to the end of the day on which the maintenance operations are performed to ensure that all cuttings, weeds, leaves and other debris are properly disposed of by maintenance workers.
(D) All maintenance work shall conform to all applicable federal and state Occupation Safety and Health Act standards and regulations for the performance of maintenance. (E) Any and all chemicals, unhealthful substances, and pesticides used in and during maintenance shall be applied only by persons possessing valid California applicators licenses, MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 74 of 118 Attachment No. 2
and in strict accordance with all governing regulations. Precautionary measures shall be employed recognizing that all areas are open to public access.
(F) Lessee shall make such capital repairs to the Property as are necessary, including the following: carpet and drape replacement; appliance replacement; exterior painting, hot water heater replacement; plumbing fixtures replacement, including tubs and showers, toilets, lavatories, sinks, faucets; air conditioning and heating replacement; asphalt repair and replacement, and seal coating; roofing repair and replacement; landscape tree replacement and irrigation pipe and controls replacement; gas line pipe replacement; and lighting fixture replacement.
Management and maintenance shall be overseen by the Authority or its designee and, if the above standards are breached, after notice and opportunity to cure within the time set forth in this paragraph, the Authority or its designee may in its reasonable discretion direct the Lessee to and the Lessee shall hire a management company acceptable to the Authority to manage the Property. If, at any time, the Lessee or the management company fails to adequately maintain such areas, and such condition is not corrected immediately upon notice of an imminent threat to health and safety or after expiration of thirty (30) days from the date of written notice from the Authority for all other violations, the Authority may (but shall not be obligated to) perform the necessary maintenance and Lessee shall pay such costs as are reasonably incurred for such maintenance.
SECTION 11. ENVIRONMENTAL MATTERS.
11.1 Definitions. For the purposes of this Lease, unless the context otherwise specifies or requires, the following terms shall have the meanings herein specified:
(A) The term “Hazardous Materials” shall mean (i) any “hazardous substance” as defined by the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. Section 9601, et seq.), as amended from time to time, and regulations promulgated thereunder; (ii) any “hazardous substance” as defined by the Carpenter-Presley-Tanner Hazardous Substance Account Act (California Health and Safety Code Sections 25300, et seq.), as amended from time to time, and regulations promulgated thereunder; (iii) asbestos; (iv) polychlorinated biphenyls; (v) petroleum, oil, gasoline (refined and unrefined) and their respective by products and constituents; and (vi) any other substance, whether in the form of a solid, liquid, gas or any other form whatsoever, which by any “Governmental Requirements” (as defined in Subparagraph c of this Section 11.1) either requires special handling in its use, transportation, generation, collection, storage, handling, treatment or disposal, or is defined as “hazardous” or harmful to the environment. (B) The term “Hazardous Materials Contamination” shall mean the contamination (whether presently existing or hereafter occurring) of the improvements, facilities, soil, groundwater, air or other elements on, in or of the Property by Hazardous Materials, or the contamination of the buildings, facilities, soil, groundwater, air or other elements on, in or of any other property as a result of Hazardous Materials at any time (whether before or after the Date of Lease) emanating from the Property.
(C) The term “Governmental Requirements” shall mean all past, present and future laws, ordinances, statutes, codes, rules, regulations, orders and decrees of the United States, the state, the county, the city, or any other political subdivision in which the Property are located, and any other state, county city, political subdivision, agency, instrumentality or other entity exercising jurisdiction over Authority, Lessee or the Property.
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 75 of 118 Attachment No. 2
11.2 Responsibility for Contamination. Lessee assumes any and all responsibility and Liabilities (as defined in Section 11.4 of this Lease) for all Hazardous Materials Contamination, which occurs during the Term of this Lease.
11.3 Indemnification. Lessee shall save, protect, defend, indemnify and hold harmless Authority and its officers, directors, shareholders, employees and agents from and against any and all liabilities, suits, actions, claims, demands, penalties, damages (including, without limitation, penalties, fines and monetary sanctions), losses, costs or expenses (including, without limitation, consultants’ fees, investigation and laboratory fees, reasonable attorneys’ fees and remedial and response costs) (the foregoing are hereinafter collectively referred to as “Liabilities”) which may now or in the future be incurred or suffered by Authority and its officers, directors, shareholders, employees or agents by reason of, resulting from, in connection with, or arising in any manner whatsoever as a direct or indirect result of (1) the presence on or under, or escape, seepage, leakage, spillage, discharge, emission or release from the Property of any Hazardous Materials or Hazardous Materials Contamination after the commencement of this Lease, including any Liabilities incurred under any Governmental Requirements relating to such Hazardous Materials or Hazardous Materials Contamination, (2) the performance by Lessee of any acts, including, but not limited to, the performance of any act required by this Lease, and (3) the performance by the Authority of any act required to be performed by the Lessee under this Lease. Lessee’s obligations under this Section 11.3 shall survive the expiration of this Lease.
Authority shall save, protect, defend, indemnify and hold harmless Lessee and its officers, directors, shareholders, employees and agents from and against any and all liabilities, suits, actions, claims, demands, penalties, damages (including without limitation, penalties, fines and monetary sanctions), losses, costs or expenses (including, without limitation, consultants’ fees, investigation and laboratory fees, reasonable attorneys’ fees and remedial and response costs) (the foregoing are hereinafter collectively referred to as “Liabilities”) which may now or in the future be incurred or suffered by Lessees and its officers, directors, shareholders, employees or agents by reason of, resulting from, in connection with, or arising in any manner whatsoever as a direct or indirect result of (1) the presence on or under, or escape, seepage, leakage, spillage, discharge, emission or release from the Authority of any Hazardous Materials or Hazardous Materials Contamination prior to the commencement of this Lease, including any Liabilities incurred under any Governmental Requirements relating to such Hazardous Materials or Hazardous Materials Contamination, (2) the performance by Authority of any acts, including, but not limited to, the performance of any act required by this Lease, and (3) the performance by the Lessee of any act required to be performed by the Authority under this Lease. Authority’s obligations under this Section 11.3 shall survive the expiration of this Lease.
11.4 Duty to Prevent Hazardous Material Contamination. Lessee shall take all necessary precautions to prevent the release of any Hazardous Materials into the environment. Such precautions shall include compliance with all Governmental Requirements with respect to Hazardous Materials. In addition, Lessee shall install and utilize such equipment and implement and adhere to such procedures as are consistent with the highest standards generally applied by residential developments as respects the disclosure, storage, use, removal and disposal of Hazardous Materials.
11.5 Obligation of Tenant to Remediate Premises. Notwithstanding the obligation of Lessee to indemnify Authority pursuant to Section 11.3 of this Lease, Lessee shall, at its sole cost and expense, promptly take (i) all actions required by any federal, state or local governmental agency or political subdivision or any Governmental Requirements and (ii) all actions necessary to make full MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 76 of 118 Attachment No. 2
economic use of the Property for the purposes contemplated by this Lease and the Agreement, which requirements or necessity arise from the presence upon, about or beneath the Property of any Hazardous Materials or Hazardous Materials Contamination no matter when occurring. Such actions shall include, but not be limited to, the investigation of the environmental condition of the Property, the preparation of any feasibility studies or reports and the performance of any cleanup, remedial, removal or restoration work. Lessee shall take all actions necessary to promptly restore the Property to an environmentally sound condition for the uses contemplated by this Lease and the Agreement notwithstanding any lesser standard of remediation allowable under applicable Governmental Requirements. Lessee shall nevertheless obtain the Authority’s written approval prior to undertaking any activities required by this Section 11.5 during the Term of this Lease, which approval shall not be unreasonably withheld so long as such actions would not adversely affect the Property or be harmful to any other person or property. The Authority’s obligations under this Section 11.5 shall survive the expiration of this Lease.
11.6 Right of Entry. Notwithstanding any other term or provision of this Lease, Lessee shall permit the Authority or its agents or employees to enter the Property at any time during normal business hours (except in the event of an emergency ), without prior notice in the event of an emergency, and with not less than forty-eight hours advance notice if no emergency is involved, to inspect, monitor and/or take emergency or long-term remedial action with respect to Hazardous Materials and Hazardous Materials Contamination on or affecting the Property, or to discharge Lessee’s obligations hereunder with respect to such Hazardous Materials and Hazardous Materials Contamination when Lessee has failed to do so. All costs and expenses incurred by the Authority in connection with performing Lessee’s obligations hereunder shall be reimbursed by Lessee to the Authority within ten (10) days of Lessee’s receipt of written request therefor.
11.7 Storage or Handling of Hazardous Materials. Lessee, at its sole cost and expense, shall comply with all Governmental Requirements for the storage, use, transportation, handling and disposal of Hazardous Materials. In the event Lessee does store, use, transport, handle or dispose of any Hazardous Materials, Lessee shall notify Authority in writing at least ten (10) days prior to their first appearance on the Property and Lessee’s failure to do so shall constitute a material default under this Lease. Lessee shall conduct all monitoring activities required or prescribed by applicable Governmental Requirements, and shall, at its sole cost and expense, comply with all posting requirements of Proposition 65 or any other similarly enacted Governmental Requirements. In addition, in the event of any complaint or governmental inquiry, or if otherwise deemed necessary by the Authority in its reasonable judgment, the Authority may require Lessee, at Lessee’s sole cost and expense, to conduct specific monitoring or testing activities with respect to Hazardous Materials on the Property. Lessee’s monitoring programs shall be in compliance with applicable Governmental Requirements, and any program related to the specific monitoring of or testing for Hazardous Materials on the Property, shall be satisfactory to Authority, in Authority’s reasonable discretion. Lessee shall further be solely responsible, and shall reimburse Authority, for all costs and expenses incurred by Authority arising out of or connected with the removal, clean-up and/or restoration work and materials necessary to return the Property and any property adjacent to the Property affected by Hazardous Materials emanating from the Property to their condition existing at the time of the Commencement Date. Lessee’s obligations hereunder shall survive the termination of this Lease.
11.8 Environmental Inquiries. Lessee shall notify Authority, and provide to Authority a copy or copies, of the following environmental permits, disclosures, applications, entitlements or inquiries relating to the Property: Notices of violation, notices to comply, citations, inquiries, clean-up or abatement orders, cease and desist orders, reports filed pursuant to self-reporting requirements and MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 77 of 118 Attachment No. 2
reports filed or applications made pursuant to any Governmental Requirement relating to Hazardous Materials and underground tanks, and Lessee shall report to the Authority, as soon as possible after each incident, any unusual, potentially important incidents, including but not limited to, the following:
(A) All required reports of releases of Hazardous Materials, including notices of any release of Hazardous Materials as required by any Governmental Requirement; (B) All fires;
(C) All instances where asbestos has been or may be disturbed by repair work, tenant improvements or other activities in buildings containing asbestos; (D) All notices of suspension of any permits;
(E) All notices of violation from Federal, State or local environmental authorities; (F) All orders under the State Hazardous Waste Control Act and the State Hazardous Substance Account Act and corresponding federal statutes, concerning investigation, compliance schedules, clean up, or other remedial actions; (G) All orders under the Porter-Cologne Act, including corrective action orders, cease and desist orders, and clean-up and abatement orders; (H) Any notices of violation from OSHA or Cal-OSHA concerning employees’ exposure to Hazardous Materials;
(I) All complaints and other pleadings filed against Lessee and/or Authority relating to Lessee’s storage, use, transportation, handling or disposal of Hazardous Materials on the Property.
In the event of a release of any Hazardous Materials into the environment, Lessee shall, as soon as possible after the release, furnish to the Authority a copy of any and all reports relating thereto and copies of all correspondence with governmental agencies relating to the release. Upon request of the Authority, Lessee shall furnish to the Authority a copy or copies of any and all other environmental entitlements or inquiries relating to or affecting the Property including, but not limited to, all permit applications, permits and reports including, without limitation, those reports and other matters which may be characterized as confidential.
SECTION 12. ALTERATION OF IMPROVEMENTS.
Lessee shall not make or permit to be made any structural alteration of, addition to or change in the Property, nor demolish all or any part of the Property without the prior written consent of Authority; provided, however, that the foregoing shall not prohibit or restrict the repair and/or replacement of the Property by Lessee. In requesting such consent Lessee shall submit to Authority detailed plans and specifications of the proposed work and an explanation of the need and reasons therefor. This provision shall not limit or set aside any obligation of Lessee under this Lease to maintain the Property in a clean and safe condition, including structural repair and restoration of damaged Property. Authority shall not be obligated by this Lease to make any improvements to the Property or to assume any expense therefor. Lessee shall not commit or suffer to be committed any MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 78 of 118 Attachment No. 2
waste or impairment of the Property, or any part thereof, except as otherwise permitted pursuant to this Lease.
SECTION 13. DAMAGE OR DESTRUCTION.
Lessee agrees to give notice to Authority of any fire or other damage (collectively “casualty”) that may occur on the Property within ten (10) days of such fire or damage. In the event of such casualty Lessee agrees, to the extent of any insurance proceeds available therefor, to make or cause to be made full repair of such casualty, or Lessee agrees, to the extent of any insurance proceeds available therefor, to clear and remove from the Property all debris resulting from such casualty and rebuild the Property in accordance with plans and specifications previously submitted to Authority and approved in writing in order to replace in kind and scope the Property which existed prior to such damage. In the event of a casualty in which the Property are not required to be repaired, restored or rebuilt by Lessee pursuant to the terms of this Section 13, and provided Lessee does not nevertheless elect to repair, restore or rebuild the Property although Lessee has no obligations to do so, Authority may terminate this Lease.
SECTION 14. SALE, ASSIGNMENT, SUBLEASE OR OTHER TRANSFER.
Except for (a) the lease of the Property to a tenant, and (b) transfers made pursuant to Section 6.4 of the Agreement, Lessee shall not sell, assign, sublease or otherwise transfer this Lease or any right therein, nor make any total or partial sale, assignment, sublease or transfer in any other mode or form of the whole or any part of the Property (each of which events is referred to in this Lease as an “Assignment”), without prior written approval of Authority, which approval shall not be unreasonably withheld as more particularly set forth below in this Section 14.2. Notwithstanding anything else herein contained, the term “Assignment” shall not be deemed to include the obtaining of any “Capital Improvement Loan(s)” (all as hereinafter defined), but shall be deemed to include all refinancing thereof and any other loans approved by Authority. Any purported assignment without the prior written consent of Authority shall render this Lease absolutely null and void and shall confer no rights whatsoever upon any purported assignee or transferee. The approval of Authority to any Assignment shall not be unreasonably withheld if the proposed purchaser, assignee, sublessee or transferee has reasonably demonstrated to the Authority, at least sixty (60) days prior to the effective date of such Assignment, such proposed purchaser’s, assignee’s, sublessee’s or transferee’s financial capability and overall competence and experience to construct and operate the Property. Review of experience in operating similar projects shall not be required with respect to institutional lenders providing financing pursuant to Section 15 hereof so long as the original Lessee (or a successor that has been expressly approved in writing by the Authority) remains responsible for operating the Property and performing as Lessee pursuant to this Lease. Approval by Authority of any sale, assignment, sublease or transfer shall be conditioned upon such purchaser, assignee, sublessee or transferee agreeing in writing to assume the rights and obligations thereby sold, assigned, subleased or transferred, and to keep and perform all covenants, conditions and provisions of this Lease which are applicable to the rights acquired. In the absence of specific written agreement by Authority, no such sale, assignment, sublease or transfer of this Lease or the Property (or any portion thereof), or approval by Authority of any such sale, assignment, sublease or transfer shall be deemed to relieve Lessee or any other party from any obligation under this Lease.
Notwithstanding anything else contained in this Section 14, this Lease may be assigned, without the consent of Authority, to the purchaser at any foreclosure sale, whether judicial or non-judicial, or to the beneficiary or mortgagee under any Permitted Encumbrance (as defined in MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 79 of 118 Attachment No. 2
Section 15), pursuant to foreclosure or similar proceedings, or pursuant to an assignment or other transfer of this Lease to such beneficiary or mortgagee in lieu thereof, and may thereafter be assigned by such beneficiary or mortgagee without Authority’s consent, and any such purchaser, beneficiary, mortgagee or assignee shall be liable to perform the obligations herein imposed on Lessee, other than as set forth in Sections 15 of this Lease, only for and during the period that such purchaser, beneficiary, mortgagee or assignee is in possession or ownership of the leasehold estate created hereby.
SECTION 15. FINANCING.
Lessee may, at any time and from time to time during the Term, upon prior written notice to the Authority and subject to the requirements of Sections 5.3 and 14 hereof, request that the Authority authorize Lessee to mortgage, pledge, hypothecate or otherwise encumber to a federally or state chartered bank or savings and loan, a life insurance company, a mortgage company, a pension fund, investment trust or similar institutional lender (herein called “Lender”) by deed of trust or mortgage or other security instrument all or any portion of Lessee’s right, title and interest pursuant to this Lease and the leasehold estate hereby, following thirty (30) days prior written notice to Authority (which notice shall include an itemization of and budget for the capital improvements to be financed), to secure financing of capital improvements to the Property (“Capital Improvement Loan(s)”). The Authority shall consider such request in good faith, and may approve, disapprove or conditionally approve in Authority’s reasonable discretion. The encumbrances securing the Capital Improvement Loan(s), together with refinancing of the Capital Improvement Loan(s) approved by the Authority pursuant to Section 14, and any other loan or encumbrance approved by the Authority pursuant to this Lease shall be deemed to be “Permitted Encumbrances.”
The proceeds of any Capital Improvement Loan(s) shall be used solely to pay (i) the costs of construction of capital improvements to the Property, and (ii) the costs of obtaining the Capital Improvement Loan(s).
Authority and Lessee acknowledge and agree that neither Authority’s interest or fee ownership of the Property nor Authority’s right to receive Rent hereunder shall be subordinate to any Permitted Encumbrance or any other lien, mortgage, deed of trust, pledge or other encumbrance of Lessee’s leasehold interest hereunder.
SECTION 16. INDEMNITY.
During the Term, Lessee agrees that Authority and City, their agents, officers, representatives and employees, shall not be liable for any claims, liabilities, penalties, fines or for any damage to the goods, Property or effects of Lessee, its sublessees or representatives, agents, employees, guests, licensees, invitees, patrons or clientele or of any other person whomsoever, nor for personal injuries to, or deaths of any persons, whether caused by or resulting from any act or omission of Lessee or its sublessees or any other person on or about the Property, or in connection with the operation thereof, or from any defect in the Property. Lessee agrees to indemnify and save free and harmless Authority and City and their authorized agents, officers, representatives and employees against any of the foregoing liabilities and any costs and expenses incurred by Authority or City on account of any claim or claims therefor. Lessee shall not be responsible for (and such indemnity shall not apply to) any acts, errors or omissions of Authority, City, or their respective agents, officers, representatives or employees.
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 80 of 118 Attachment No. 2
SECTION 17. INSURANCE.
17.1 Insurance to be Provided by Lessee. During the Term, Lessee, at its sole cost and expense, shall:
(A) Maintain or cause to be maintained a policy or policies of insurance against loss or damage to the Property of all property of an insurable nature located upon the Property, resulting from fire, lightning, vandalism, malicious mischief, and such other perils ordinarily included in extended coverage fire insurance policies. Such policy or policies shall be required to provide coverage against loss or damage resulting from flood and/or earthquake only to the extent such coverage is available at commercially reasonable rates and is required by any lender making a loan to Lessee which is secured by the Property. Such insurance policy shall name Authority as an additional insured and shall be maintained in an amount not less than one hundred percent (100%) of the full insurable value of the Property, as defined herein in this Section 17.
(B) Maintain or cause to be maintained public liability insurance issued by a company with a Best’s rating of not less than A, to protect against loss from liability imposed by law for damages on account of personal injury, including death therefrom, suffered or alleged to be suffered by any person or persons whomsoever on or about the Property, or in connection with the operation thereof, resulting directly or indirectly from any acts or activities of Lessee or its sublessees, or any person acting for Lessee, or under their respective control or direction, and also to protect against loss from liability imposed by law for damages to any property of any person occurring on or about the Property, or in connection with the operation thereof, caused directly or indirectly by or from acts or activities of Lessee of its sublessees, or any person acting for Lessee, or under their respective control or direction. Such property damage and personal injury insurance shall also provide for and protect against incurring any legal cost in defending claims for alleged loss. Such personal injury and property damage insurance shall be maintained in full force and effect during the entire term of this Lease in the amount of at least One Million Dollars ($1,000,000) combined single limit, naming Authority and City as additional insured. If the operation under this Lease results in an increased or decreased risk in the reasonable determination of Authority, then Lessee agrees that the minimum limit hereinabove designated shall be changed accordingly upon request by Authority. Lessee agrees that provisions of this paragraph as to maintenance of insurance shall not be construed as limiting in any way the extent to which Lessee may be held responsible for the payment of damages to persons or property resulting from Lessee’s activities, activities of its sublessees or the activities of any other person or persons for which Lessee is otherwise responsible. Pollution liability insurance provided in compliance with the indemnification provision required by Section 11.3 hereof shall be required only to the extent such coverage is available at commercially reasonable rates. (C) Maintain or cause to be maintained worker’s compensation insurance issued by a responsible carrier authorized under the laws of the State of California to insure employers against liability for compensation under the workers’ compensation laws now in force in California, or any laws hereafter enacted as an amendment or supplement thereto or in lieu thereof. Such workers’ compensation insurance shall cover all persons employed by Lessee in connection with the Property and shall cover full liability for compensation under any such act aforesaid, based upon death or bodily injury claims made by, for on behalf of any person incurring or suffering injury or death in connection with the Property or the operation thereof by Lessee.
17.2 Definition of “Full Insurable Value”. The term “full insurable value” as used in this Section 17 shall mean the actual replacement cost (excluding the cost of excavation, foundation and MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 81 of 118 Attachment No. 2
footings below the lowest floor and without deduction for depreciation) of the Property, including the cost of construction of the Property, architectural and engineering fees, and inspection and supervision.
To ascertain the amount of coverage required, Lessee shall cause the full insurable value to be determined from time to time by appraisal by the insurer or, if no such appraisal is available, by an appraiser mutually acceptable to Authority and Lessee, not less often than once every three (3) years.
17.3 General Insurance Provisions. All liability policies of insurance provided for in this Section 17 shall name Lessee as the insured and Authority as an additional insured, as their respective interests may appear. All property casualty insurance policies shall include the interest of any Lessee’s Mortgagee, and may provide that any loss is payable jointly to Lessee and Lessee’s Mortgagee in which event such policies shall contain standard mortgage loss payable clauses. Lessee agrees to timely pay all premiums for such insurance and, at its sole cost and expense, to comply and secure compliance with all insurance requirements necessary for the maintenance of such insurance.
Lessee agrees to submit policies of all insurance required by this Section 17 of this Lease, or certificates evidencing the existence thereof, to Authority on or before the effective date of this Lease, indicating full coverage of the contractual liability imposed by this Lease. At least thirty (30) days prior to expiration of any such policy, copies of renewal policies, or certificates evidencing the existence thereof, shall be submitted to Authority.
All insurance provided for under this Section 17 shall be effected under policies issued by insurers of recognized responsibility, licensed or permitted to do business in the State of California, approved by Authority.
All policies or certificates of insurance shall: (i) provide that such policies shall not be cancelled or limited in any manner without at least thirty (30) days prior written notice to Authority; (ii) provide that such coverage is primary and not contributing with any insurance as may be obtained by the Authority and shall contain a waiver of subrogation for the benefit of the City and the Authority; and (iii) name the City, Authority, and their respective officers, agents, and employees as additional insured under such policies.
17.4 Failure to Maintain Insurance. If Lessee fails or refuses to procure or maintain insurance as required by this Lease, Authority shall have the right, at Authority’s election, and upon ten (10) days prior notice to Lessee, to procure and maintain such insurance. The premiums paid by Authority shall be treated as added rent due from Lessee, to be paid on the first day of the month following the date on which the premiums were paid. Authority shall give prompt notice of the payment of such premiums, stating the amounts paid and the name of the insured(s).
17.5 Insurance Proceeds Resulting from Loss or Damage to Property. All proceeds of insurance with respect to loss or damage to the Property during the term of this Lease shall be payable, under the provisions of the policy of insurance, to Lessee, and said proceeds shall constitute a trust fund to be used for the restoration, repair and rebuilding of the Property in accordance with plans and specifications approved in writing by Authority. To the extent that such proceeds exceed the cost of such restoration, repair or rebuilding, then such additional proceeds shall be distributed to the Authority. Notwithstanding the foregoing, within the period during which there is an outstanding mortgage upon the Property, such proceeds shall be payable in accordance with Section 17.3 of this Lease.
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 82 of 118 Attachment No. 2
In the event this Lease is terminated by mutual agreement of Authority and Lessee and said Property are not restored, repaired or rebuilt, the insurance proceeds shall be jointly retained by the Authority and Lessee and shall be applied first to any payments due under this Lease from Lessee to Authority, second to restore the Property to its original condition and to a neat and clean condition, and finally any excess shall be apportioned between Lessee and Authority as their interests may appear; provided, however, that within any period when there is an outstanding mortgage upon the Property, such proceeds shall be applied first to discharge the debt secured by the mortgage and then for the purposes and in the order set forth above in this paragraph. The value of each interest for the purpose of apportioning excess proceeds under this Section 17.5 shall be the fair market value of such interests immediately prior to the occurrence of the damage or destruction.
SECTION 18. EMINENT DOMAIN.
In the event that the Property or any part thereof shall be taken for public purposes by condemnation as a result of any action or proceeding in eminent domain, then, as between Authority and Lessee (or mortgagee, if a mortgage is then in effect), the interests of Authority and Lessee (or mortgagee) in the award and the effect of the taking upon this Lease shall be as follows:
(A) In the event of such taking of only a part of the Property, leaving the remainder of the Property in such location and in such form, shape and size as to be used effectively and practicably for the conduct thereon of the uses permitted hereunder, this Lease shall terminate and end as to the portion of the Property so taken as of the date title to such portion vests in the condemning authority, but shall continue in full force and effect as to the portion of the Property not so taken. (B) In the event of taking of only a part of the Property, leaving the remainder of the Property in such location, or in such form, shape or reduced size as to render the same not effectively and practicably usable, for the conduct thereon of the uses permitted hereunder, this Lease and all right, title and interest thereunder shall cease on the date title to the Property or the portion thereof so taken vests in the condemning authority.
(C) In the event the Property is so taken, this Lease and all of the right, title and interest thereunder, shall cease on the date title to the Property vests in the condemning authority. (D) Promptly after a partial taking, at Lessee’s expense and in the manner specified in provisions of this Lease related to maintenance, repairs, alterations, Lessee shall restore the Property, to the extent of condemnation proceeds received by Lessee, so as to place them in a condition suitable for the uses and purposes for which the Property was leased. (E) In the event of any taking under subparagraphs (a), (b) or (c) hereinabove, that portion of any award of compensation attributable to the fair market value of the Property or portion thereof taken, valued as subject to this Lease, shall belong to Authority. That portion of any award attributable to the fair market value of Lessee’s leasehold interest in the Property pursuant to this Lease shall belong to Lessee. That portion of any award attributable to the fair market value of the Property or portion thereof taken shall belong to Authority and Lessee, as their interests may appear, except that in the event of a partial taking, where the Lease remains in effect and Lessee is obligated to restore or repair the Property, then Lessee shall be entitled to any portion of the award attributable to severance damages to the remaining Property. Said award shall be used for the restoration, repair or rebuilding of the Property in accordance with plans and specifications approved in writing by Authority. To the extent that said award for severance damages exceeds the cost of such restoration, repair or rebuilding, MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 83 of 118 Attachment No. 2
then such award shall be apportioned between Lessee and Authority as their interests may appear. The value of each interest for the purpose of apportionment under this Section shall be the fair market value of such interests at the time of the taking.
(F) Provided, however, that within the period during which there is an outstanding mortgage on the Property, the mortgagee shall be entitled to any portion of the award attributable to the Property, to the extent of its interest therein. The mortgagee may at its option apply said portions of the award to restoration of the Property or to reduction of the mortgage. Any excess portion of the award attributable to the condemnation of the Property shall be apportioned between Lessee and Authority as their interests may appear.
(G) Notwithstanding the foregoing provisions of this Section, Authority may, in its discretion and without affecting the validity and existence of this Lease, transfer Authority’s interests in the Property in lieu of condemnation to any authority entitled to exercise the power of eminent domain. In the event of such transfer by Authority, Lessee (or mortgagee if a mortgage is then in effect) and Authority shall retain whatever rights they may have to recover from said authority the fair market value of their respective interests in the Property taken by the authority. (H) All valuations to be made pursuant to this Section 18 shall be made by mutual agreement of Authority and Lessee.
SECTION 19. OBLIGATION TO REFRAIN FROM DISCRIMINATION.
There shall be no discrimination against or segregation of any person or group of persons, on account of sex, marital status, race, color, creed, religion, national origin or ancestry in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the Property, and Lessee itself or any person claiming under or through it shall not establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees thereof or any portion thereof, or in the providing of goods, services, facilities, privileges, advantages and accommodation.
Lessee shall refrain from restricting the rental, sale or lease of the Property, or any portion thereof, on the basis of sex, marital status, race, color, creed, religion, ancestry or national origin of any person. All such deeds, leases or contracts shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses:
(A) In Leases: “The lessee herein covenants by and for itself, its heirs, executors, administrators and assigns, and all persons claiming under or through it, and this lease is made and accepted upon and subject to the following conditions:
“That there shall be no discrimination against or segregation of any person or group of persons, on account of sex, marital status, race, color, creed, religion, disability, familial status, national origin, or ancestry, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the premises herein leased nor shall the lessee itself, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, lessees, sublessees, subtenants, or vendees in the premises herein leased.” MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 84 of 118 Attachment No. 2
(B) In Contracts:
“There shall be no discrimination against or segregation of, any person or group of persons on account of sex, marital status, race, color, creed, religion, disability, familial status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the premises, nor shall the transferee itself or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use of occupancy of tenants, lessees, subtenants, sublessees or vendees of the premises.”
SECTION 20. NONDISCRIMINATION IN EMPLOYMENT.
Lessee, for itself and its successors and assigns, agrees that during the operation of the Property provided for in this Lease, and during any work of repair or replacement, Lessee will not discriminate against any employee or applicant for employment because of race, color, creed, religion, sex, marital status, physical or mental disability, sexual orientation, ancestry or national origin.
SECTION 21. LABOR STANDARDS.
Lessee shall comply, and require all contractors and subcontractors employed pursuant to this Lease to comply with all applicable labor standards provisions of the California Labor Code and federal law, including payment of prevailing wages for off-site work. Lessee shall comply with all bidding requirements applicable pursuant to the California Public Contracts Code or other applicable law.
SECTION 22. COMPLIANCE WITH LAW.
Lessee agrees, at its sole cost and expense, to comply and secure compliance with all the requirements now in force, or which may hereafter be in force, of all municipal, county, state and federal authorities, pertaining to the Property, as well as operations conducted thereon, and to faithfully observe and secure compliance with, in the use of the Property, all applicable county and municipal ordinances and state and federal statutes now in force or which may hereafter be in force, and to pay before delinquency all taxes, assessments, and fees, if any, assessor levied upon Lessee or the Property, including the land and any buildings, structures, machines, appliances or other improvements of any nature whatsoever, erected, installed or maintained by Lessee or by reason of the business or other activities of Lessee upon or in connection with the Property. The judgment of any court of competent jurisdiction, or the admission of Lessee or any sublessee or permittee in any action or proceeding against them, or any of them, whether Authority be a party thereto or not, that Lessee, sublessee or permittee has violated any such ordinance or statute in the use of the Property shall be conclusive of that fact as between Authority and Lessee, or such sublessee or permittee.
SECTION 23. ENTRY AND INSPECTION.
Authority reserves and shall have the right during reasonable business hours (except in cases of emergency), upon forty-eight (48) hours prior notice (except in cases of emergency) to Lessee by the Executive Director of Authority, to enter the Property for the purpose of viewing and ascertaining the condition of the same, or to protect its interests in the Property or to inspect the operations conducted thereon.
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 85 of 118 Attachment No. 2
SECTION 24. RIGHT TO MAINTAIN.
In the event that the entry or inspection by Authority pursuant to Section 23 hereof discloses that the Property are not in a decent, safe, and sanitary condition, Authority shall have the right, after thirty (30) days written notice to Lessee (except in case of emergency, in which event no notice shall be necessary), to have any necessary maintenance work done for and at the expense of Lessee and Lessee hereby agrees to pay promptly any and all costs incurred by Authority in having such necessary maintenance work done in order to keep the Property in a decent, safe and sanitary condition. The rights reserved in this Section shall not create any obligations or Authority or increase obligations elsewhere in this Lease imposed on Authority.
SECTION 25. EVENTS OF DEFAULT AND REMEDIES.
25.1 Events of Default by Lessee.
(A) Lessee shall abandon or surrender the Property; or
(B) Lessee shall fail or refuse to pay, within ten (10) days of notice from Authority that the same is due, any installment of rent or any other sum required by this Lease to be paid by Lessee; or
(C) Lessee shall fail to perform any covenant or condition of the Agreement and/or this Lease other than as set forth in subparagraphs (a) or (b) above, and any such failure shall not be cured within thirty (30) days following the service on Lessee of a written notice from Authority specifying the failure complained of, or if it is not practicable to cure or remedy such failure within such thirty (30) day period, within such longer period as shall be reasonable under the circumstances; or
(D) Lessee shall voluntarily file or have involuntarily filed against it any petition under any bankruptcy or insolvency act or law and the same shall not be dismissed within sixty (60) days thereafter; or
(E) Lessee shall be adjudicated a bankrupt; or
(F) Lessee shall make a general assignment for the benefit of creditors in violation of the terms of this Lease; then such event shall constitute an event of default under this Lease.
25.2 Remedies of Authority. In the event of any such default as described in Section 25.1, Authority may, at its option:
(1) Correct or cause to be corrected said default and charge the costs thereof (including costs incurred by Authority in enforcing this provision) to the account of Lessee, which charge shall be due and payable within fifteen (15) days after presentation by Authority of a statement of all or part of said costs;
(2) Correct or cause to be corrected said default and pay the costs thereof (including costs incurred by Authority in enforcing this provision) from the proceeds of any insurance; or in the event that Lessee has obtained a faithful performance bond indemnifying Authority, Authority MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 86 of 118 Attachment No. 2
may call upon the bonding agent to correct said default or to pay the costs of such correction performed by or at the direction of Authority;
(3) Exercise its right to maintain any and all actions at law or suits in equity to compel Lessee to correct or cause to be corrected said default; (4) Have a receiver appointed to take possession of Lessee’s interest in the Property, with power in said receiver to administer Lessee’s interest in the Property, to collect all funds available to Lessee in connection with its operation and maintenance of the Property; and to perform all other consistent with Lessee’s obligation under this Lease as the court deems proper; (5) Maintain and operate the Property, without terminating this Lease; (6) With respect to a monetary default or material non-monetary default, terminate this Lease by written notice to Lessee of its intention to do so.
25.3 Right of Authority in the Event of Termination of Lease. Upon termination of this Lease pursuant to Section 25.2, it shall be lawful for Authority to re-enter and repossess the Property and Lessee, in such event, does hereby waive any demand for possession thereof, and agrees to surrender and deliver the Property peaceably to Authority immediately upon such termination in good order, condition and repair, except for reasonable wear and tear. Lessee agrees that upon such termination, title to all the Property on the Property shall vest in Authority. Even though Lessee has breached the Lease and abandoned the Property, this Lease shall continue in effect for so long as Authority does not terminate Lessee’s right to possession, and Authority may enforce all of its right and remedies under this Lease, including, but not limited to, the right to recover the rent as it becomes due under this Lease. No ejectment, re-entry or other act by or on behalf of Authority shall constitute a termination unless Authority gives Lessee notice of termination in writing. Termination of this Lease shall not relieve or release Lessee from any obligation incurred pursuant to this Lease prior to the date of such termination. Termination of this Lease shall not relieve Lessee from the obligation to pay any sum due to Authority or from any claim for damages against Lessee.
25.4 Damages. Damages which Authority recovers in the event of default under this Lease shall be those which are then available under applicable California case and statutory law to lessors for leases in the State of California including, but not limited to, any accrued but unpaid rent and the worth at the time of award of the amount by which the unpaid rent for the balance of the term of this Lease after the date of award exceeds the amount of such rental loss for the same period that Lessee proves could be reasonably avoided.
25.5 Rights and Remedies are Cumulative. The remedies provided by this Section 25 are not exclusive and shall be cumulative to all other rights and remedies possessed by Authority. The exercise by Authority of one or more such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by Lessee.
25.6 Limitation of Lessee’s Liability. Notwithstanding anything to the contrary herein contained, following completion of the construction of the Property, (i) the liability of Lessee shall be limited to its interest in the Property, and any rents, issues and profits arising from any subleases of the Property which are misapplied, or which have accrued but are not yet due and payable, at the time of any default hereunder and which are misapplied by Lessee when collected, and, in addition, with MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 87 of 118 Attachment No. 2
respect to any obligation to hold and apply insurance proceeds, proceeds of condemnation or other monies hereunder, any such monies received by it to the extent not so applied; (ii) no other assets of Lessee shall be affected by or subject to being applied to the satisfaction of any liability which Lessee may have to Authority or to another person by reason of this Lease; and (iii) any judgment, order, decree or other award in favor of Authority shall be collectible only out of, or enforceable in accordance with, the terms of this Lease by termination or other extinguishment of Lessee’s interest in the Property.
As a condition to protection under the provisions of this Section 25.6, Lessee covenants not to collect more than one (1) month’s rent in advance, exclusive of reasonable security deposits, under the terms of any subleases of the Property that Lessee may enter into.
Notwithstanding the foregoing, it is expressly understood and agreed that the aforesaid limitation on liability shall in no way restrict or abridge Lessee’s continued personal liability for:
(1) fraud or willful or grossly negligent misrepresentation made by Lessee in connection with this Lease;
(2) misapplication of (i) proceeds of insurance and condemnation or (ii) rentals received by Lessee under subleases subsequent to the date Authority is entitled to re-enter the Property by reason of Lessee’s default pursuant to the terms hereof and applicable law; (3) the retention by Lessee of all advance rentals and security deposits of sublessees not refunded to or forfeited by such sublessees; (4) the indemnification undertakings of Lessee under Section 16; and (5) Material waste by Lessee with respect to the Property.
25.7 Events of Default by Authority. If the Authority shall fail to perform any covenant or condition of the Agreement and/or this Lease, and any such failure shall not be cured within thirty (30) days following the service on Authority of a written notice from Lessee specifying the failure complained of, or if it is not practicable to cure or remedy such failure within such thirty (30) day period, within such longer period as shall be reasonable under the circumstances, the such event shall constitute an event of default under this Lease.
25.8 Remedies of Lessee. In the event of any such default as described in Section 25.6, Authority may, at its option:
(1) Correct or cause to be corrected said default and charge the costs thereof (including costs incurred by Lessee in enforcing this provision) as an operating expense for the current year;
(2) Correct or cause to be corrected said default and pay the costs thereof (including costs incurred by Lessee in enforcing this provision) from the proceeds of any insurance; or in the event that Authority has obtained a faithful performance bond indemnifying Lessee, Lessee may call upon the bonding agent to correct said default or to pay the costs of such correction performed by or at the direction of Lessee;
(3) Exercise its right to maintain any and all actions at law or suits in equity compel Authority to correct or cause to be corrected said default; MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 88 of 118 Attachment No. 2
(4) Maintain and operate the Property, without terminating this Lease; (5) With respect to a monetary default or material non-monetary default, terminate this Lease by written notice to Authority of its intention to do so.
SECTION 26. MISCELLANEOUS.
26.1 Governing Law. The laws of the State of California shall govern the interpretation and enforcement of this Lease.
26.2 Legal Actions. In addition to any other rights or remedies, either party may institute legal action to cure, correct or remedy any default, to recover damages for any default, or to obtain any other remedy consistent with the purpose of this Lease. Such legal actions must be instituted in the Superior Court of San Bernardino County, State of California, in any other appropriate court in that County, or in the Federal District Court in the Central District of California.
26.3 Acceptance of Service of Process. In the event that any legal action is commenced by Lessee against Authority, service of process on Authority shall be made by personal service upon the Chairman or Executive Director of Authority, or in such other manner as may be provided by law.
In the event that any legal action is commenced by Authority against Lessee, service of process on Lessee shall be made by personal service upon any officer of Lessee or in such other manner as may be provided by law, whether made within or without the State of California.
26.4 Attorneys’ Fees And Court Costs. In the event that either Authority or Lessee shall bring or commence an action to enforce the terms and conditions of this Lease or to obtain damages against the other party arising from any default under or violation of this Lease, then the prevailing party shall be entitled to and shall be paid reasonable attorneys’ fees and court costs therefor.
26.5 Inspection of Books And Records. Authority has the right (at Lessee’s office, upon not less than forty-eight (48) hours’ notice, and during normal business hours) to inspect the books and records of Lessee pertaining to the Property as pertinent to the purposes of this Lease. Lessee also has the right (at Authority’s office, upon not less than forty-eight (48) hours’ notice, and at all reasonable times) to inspect the books and records of Authority pertaining to the Property as pertinent to the purposes of this Lease.
26.6 Interest. Any amount due Authority that is not paid when due shall bear interest from the date such amount becomes due until it is paid. Interest shall be at a rate equal to the lesser of the discount rate established by the San Francisco office of the Federal Reserve Bank, plus two percent (2%), on the first day of the month such amount becomes due, and the maximum rate permitted by applicable law.
26.7 Notices. All notices, statements, demands, requests, consents, approvals, authorizations, offers, agreements, appointments or designations hereunder by either party to the other shall be in writing and shall be sufficiently given and served upon the other party, upon personal delivery or five (5) days after deposit within California in the United States mail, certified or registered mail, return receipt requested, postage prepaid and addressed as follows:
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 89 of 118 Attachment No. 2
Authority: Montclair Housing Authority
5111 Benito Street
Montclair, California 91763
Attention: Executive Director
Lessee: Montclair Housing Corporation
5111 Benito Street
Montclair, California 91763
Attention: Executive Director
or to such other address as either party shall later designate for such purposes by written notice to the other party.
26.8 Time is of the Essence. Time is of the essence in the performance of the terms and conditions of this Lease.
26.9 Non-Merger of Fee And Leasehold Estates. If both Authority’s and Lessee’s estates in the Property or both become vested in the same owner, this Lease shall nevertheless not be destroyed by application of the doctrine of merger except at the express election of Authority and Lessee’s Mortgagee. The voluntary or other surrender of this Lease by Lessee, or a mutual cancellation thereof, shall not work as a merger and shall, at the option of Authority, terminate all or any existing sublease or subtenancies or may, at the option of Authority, operate as an assignment to Authority of any or all such existing subleases or subtenancies.
26.10 Holding Over. The occupancy of the Property after the expiration of the Term of this Lease shall be construed to be a tenancy from month to month, and all other terms and conditions of this Lease shall continue in full force and effect.
26.11 Conflict of Interest. No member, official or employee of Authority shall have any personal interest, direct or indirect, in this Lease nor shall any such member, official or employee participate in any decision relating to the Lease which affects his personal interests or the interests of any corporation, partnership or association in which he is directly or indirectly interested.
Lessee warrants that it has not paid or given, and will not pay or give, any third party any money or other consideration for obtaining this Lease.
26.12 Non-Liability of Authority Officials And Employees. No member, official or employee of Authority shall be personally liable to Lessee, or any successor in interest, in the event of any default or breach by Authority or for any amount which may become due to Lessee or successor or on any obligations under the terms of this Lease.
26.13 Relationship. The relationship between the parties hereto shall at all times be deemed to be that of landlord and tenant. The parties do not intend nor shall this Lease be deemed to create a partnership or joint venture.
26.14 Transactions with Affiliates. Lessee shall have the right to enter into transactions with subsidiaries, affiliates and other related entities for the purpose of leasing space, providing cleaning, maintenance and repair services, insurance policies and other purposes related to the use and development of the Property, provided that all such costs, charges and rents are competitive with the MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 90 of 118 Attachment No. 2
costs, charges, rent and other sums which would be paid by or to, as the case may be, an unrelated third party.
26.15 Waivers And Amendments. All waivers of the provisions of this Lease must be in writing and signed by the appropriate authorities of Authority or Lessee.
The waiver by Authority of any breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition, or any subsequent breach of the same or any other term, covenant or condition herein contained. The subsequent acceptance of rent hereunder by Authority shall not be deemed to be a waiver of any preceding breach of Lessee of any term, covenant or condition of this Lease, regardless of Authority’s knowledge of such preceding breach at the time of acceptance of such rent. Failure on the part of Authority to require or exact full and complete compliance with any of the covenants or conditions of this Lease shall not be construed as in any manner changing the terms hereof and shall not prevent Authority from enforcing any provision hereof. All amendments hereto must be in writing and signed by the appropriate authorities of Authority and Lessee. The Lessee’s Mortgagee permitted by this Lease shall not be bound by any waiver or amendment to this Lease without Lessee’s Mortgagee giving its prior written consent.
26.16 Non-Merger With Agreement. None of the terms, covenants or conditions agreed upon in writing in the Agreement and other instruments between the parties to this Lease with respect to obligations to be performed, kept or observed by Lessee or Authority in respect to the Property or any part thereof, shall be deemed to be merged with this Lease.
26.17 Duplicate Originals. This Lease is executed in three (3) duplicate originals, each of which is deemed to be an original.
26.18 Severability. If any provision of this Lease or the application thereof to any person or circumstances shall be invalid or unenforceable to any extent, the remainder of this Lease and the application of such provisions to other persons or circumstances shall not be affected thereby and shall be enforceable to the greatest extent permitted by law.
26.19 Terminology. All personal pronouns used in this Lease, whether used in the masculine, feminine, or neuter gender, shall include all other genders; the singular shall include the plural, and vice versa. Titles of sections are for convenience only, and neither limit nor amplify the provisions of the Lease itself. Except for terms expressly defined in this Lease, all terms shall have the same meaning as set forth in the Agreement.
26.20 Binding Effect. This Lease, and the terms, provisions, promises, covenants and conditions hereof, shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns.
26.21 Estoppel Certificate. Each of the parties shall at any time and from time to time upon not less than twenty (20) days’ prior notice by the other, execute, acknowledge and deliver to such other party a statement in writing certifying that this Lease is unmodified and is in full force and effect (or if there shall have been modifications that this Lease is in full force and effect as modified and stating the modifications), and the dates to which the rent has been paid, and stating whether or not to the best knowledge of the signer of such certificate such other party is in default in performing or observing any provision of this Lease, and, if in default, specifying each such default of which the signer may have knowledge, and such other matters as such other party may reasonably request, it MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 91 of 118 Attachment No. 2
being intended that any such statement delivered by Lessee may be relied upon by Authority or any successor in interest to Authority or any prospective mortgagee or encumbrancer thereof, and it being further intended that any such statement delivered by Authority may be relied upon by any prospective assignee of Lessee’s interest in this Lease or any prospective mortgagee or encumbrancer thereof.
Reliance on any such certificate may not extend to any default as to which the signer of the certificate shall have had no actual knowledge.
26.22 Force Majeure. The time within which Authority or Lessee is obligated herein to perform any obligation hereunder, other than an obligation that may be performed by the payment of money, shall be extended and the performance excused when the delay is caused by fire, earthquake or other acts of God, strike, lockout, acts of public enemy, riot, insurrection or other cause beyond the control of the applicable party.
26.23 Quiet Enjoyment. Landlord does hereby covenant, promise and agree to and with Tenant that Tenant, for so long as it is not in default hereof, shall and may at all times peaceable and quietly have, hold, use, occupy and possess the Property throughout the Term.
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 92 of 118 Attachment No. 2
IN WITNESS WHEREOF, the parties hereto have caused this Lease to be executed by their lawfully authorized officers.
AUTHORITY:
MONTCLAIR HOUSING AUTHORITY, a public
body corporate and politic
By:
Edward C. Starr
Authority Executive Director
LESSEE:
MONTCLAIR HOUSING CORPORATION, a
California nonprofit public benefit corporation
By:
Edward C. Starr
Executive Director
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 93 of 118 Attachment No. 3
EXHIBIT A TO ATTACHMENT NO. 2
LEGAL DESCRIPTION
That certain real property located in the State of California, County of San Bernardino, City of Montclair, and described as follows:
APN:
1008-622-48-0000
Lot 27, Tract No. 3438, in the City of Montclair, County of San Bernardino, State of California, As Per Map Recorded In Book 53, Page 62 and 63 of Maps, in the office of the County Recorder of Said County.
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 94 of 118
ATTACHMENT NO. 3
CITY DEED
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
Montclair Housing Authority
5111 Benito Street
Montclair, California 91763
Attn: Executive Director
APN: 1008-622-48-0000
[Space above for recorder.]
Exempt from recording fee and documentary transfer
tax pursuant to Government Code Section 27383 and
Revenue and Taxation Code Section 11928.
GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF MONTCLAIR, a municipal corporation (“Grantor”), hereby grants to the MONTCLAIR HOUSING AUTHORITY, a public body, corporate and politic, that certain real property located in the County of San Bernardino, State of California, more particularly described on Exhibit A attached hereto and incorporated herein by this reference.
CITY OF MONTCLAIR,
a municipal corporation
By:
Edward C. Starr
City Manager
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 95 of 118 Exhibit A to Attachment No. 3
EXHIBIT A TO ATTACHMENT NO. 3
LEGAL DESCRIPTION
That certain real property located in the State of California, County of San Bernardino, City of Montclair, and described as follows:
APN:
1008-622-48-0000
Lot 27, Tract No. 3438, in the City of Montclair, County of San Bernardino, State of California, As Per Map Recorded In Book 53, Page 62 and 63 of Maps, in the office of the County Recorder of Said County.
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 96 of 118
CERTIFICATE OF ACCEPTANCE
This is to certify that the fee interest in real property conveyed under the foregoing Grant Deed by the City of Montclair, a municipal corporation, as to the following property:
Real property in the City of Montclair, County of San Bernardino, State of California, described as follows:
APN:
1008-622-48-0000
Lot 27, Tract No. 3438, in the City of Montclair, County of San Bernardino, State of California, As Per Map Recorded In Book 53, Page 62 and 63 of Maps, in the office of the County Recorder of Said County.
Is hereby accepted by the Executive Director of the Montclair Housing Authority (“Authority” and “Grantee”) on behalf of the governing board of the Authority pursuant to authority conferred by action of the governing board of the Authority on ________________ __, ____, and the Grantee consents to recordation thereof by its duly authorized officer.
MONTCLAIR HOUSING AUTHORITY,
a public body, corporate and politic
By:
Edward C. Starr
Authority Executive Director
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 97 of 118
CITY COUNCIL
AGENDA REPORT
DATE: SEPTEMBER 2, 2025
SECTION: RESPONSE
ITEM NO.: A
FILE I.D.: ADM110/CCK060
DEPT.: CITY MGR.
PREPARER: E. STARR
SUBJECT: CONSIDER RECEIVING AND FILING A RESPONSE TO CITY COUNCIL INQUIRY RELATED
TO PRODUCING CITY COUNCIL MEETING AGENDA PACKETS EARLIER IN ORDER TO
PROVIDE ADDITIONAL TIME FOR CITY COUNCIL REVIEW
CONSIDER PROVIDING DIRECTION TO STAFF RELATED TO THE AGENDA PACKET
PRODUCTION SCHEDULE
REASON FOR CONSIDERATION: At the City Council meeting on Monday, July 21, 2025, Council Member Mendez expressed a desire for more time to review agenda packets and made a successful motion to agendize the discussion at the following meeting.
On July 24, 2025, City Manager Starr provided a Memorandum to the City Council titled, “Implications of Earlier Publication of City Council Agenda Packets.” At its meeting on August 4, 2025, the City Council discussed the conclusions reached in the Memorandum, and directed City Manager Starr to further evaluate revising the timeline for provision of Council meeting agenda packets to the City Council for review and consideration in advance of its meetings, and provide recommendations to the City Council. Pursuant to that direction, this agenda report provides three potential scenarios in relation to revising the agenda production timeline with the objective of providing more time for the City Council to review agenda packets before meetings.
Therefore, the City Council is requested to consider receiving and filing this response to City Council inquiry related to producing City Council meeting agenda packets earlier in order to provide additional time for City Council review, and provide direction to staff accordingly.
BACKGROUND: Pursuant to the Brown Act, public agencies are required to post agendas at least 72 hours before a regular meeting of a governing board (Government Code §54954.2). The City currently exceeds this minimum by posting agendas the Thursday prior to the regular meeting of the City Council the following Monday (or Tuesday in the event of a recognized Monday holiday). This provides Council Members and the public with four full days to review the agenda packet—including two weekend days.
At its August 4, 2025 meeting, several members of the City Council voiced that the current agenda publication process is in need of revision to allow for additional time for Council review and consideration of bi–monthly agenda packet reports and materials.
The City Council agenda packet preparation process starts on the Tuesday of the week before each regular Monday meeting of the City Council. At that time, the City Manager conducts a staff meeting with representatives from each City Department. At the City Manager Staff Meeting, City Council agenda materials are presented and assembled by the City Clerk’s Office for publication and presentation to the City Council in an agenda packet. The City Council agenda process followed by City staff ensures the City Clerk’s Office has adequate time for legal compliance checks, review and formatting of reports, and inclusion of all supporting documentation prior to publication on the Thursday before each regular meeting of the City Council.
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 98 of 118 Fig. 1 — Scenario No. 1, Current Agenda Production Timeline with 4–Day Public Review Period
*Dotted outlines indicate days City Hall is closed.
** Bold outlined and shaded squares indicate days agenda packet is available for City Council and public review.
In order to effectively evaluate the objective of providing more time for Council review and consideration of bi–monthly agenda packet reports and materials, City staff considered scenarios that minimize negative impacts on City operations.
Scenarios Not Recommended by City Staff
Advancing the full agenda production timeline by one day.
City staff discussed and ruled out moving City Manager Staff Meetings to an earlier day in the current week before the next regular meeting of the City Council for which agenda packets are assembled. Advancing or bringing forward the City Manager Staff Meeting for agenda preparation to an earlier day in the week would produce a compressed time schedule for Departments to generate agenda reports and materials.
Under this scenario, City staff, on the Tuesday immediately following each regular Monday meeting of the City Council (or the Wednesday immediately following if the City Council meeting is held on a Tuesday due to a holiday), would need to immediately begin agenda report production, with a targeted completion date of Thursday morning of the same week for agenda report review and evaluation by the Finance Director for economic impacts, followed by the City Manager Staff Meeting on the following Monday.
Fig. 2 — Revised Agenda Production Timeline
Process Advanced by 1 Day, with 5–Day Public Review Period Sunday
Monday
FINAL DAY FOR
DEPARTMENTS TO
SUBMIT AGENDA
REPORTS FOR
FINANCE REVIEW
Tuesday
9:00 a.m.
CITY MANAGER
STAFF MEETING
CITY CLERK
BEGINS REVIEW OF
AGENDA REPORTS
Wednesday
CITY CLERK REVIEW
OF AGENDA
REPORTS
Thursday
FINALIZE AND
ASSEMBLE
REPORTS FOR
AGENDA PACKET
6:00 P.M.
AGENDA PACKET
DISTRIBUTED
Friday
Saturday
Sunday
Monday
7:00 p.m.
UPCOMING
COUNCIL MEETING
Sunday
Monday
7:00 p.m.
PREVIOUS
COUNCIL MEETING
Tuesday
Wednesday
Thursday
FINAL DAY FOR
DEPARTMENTS TO
SUBMIT AGENDA
REPORTS FOR
FINANCE REVIEW
Friday
Saturday
Sunday
Monday
9:00 a.m.
CITY MANAGER
STAFF MEETING
CITY CLERK
BEGINS REVIEW OF
AGENDA REPORTS
Tuesday
CITY CLERK REVIEW
OF AGENDA
REPORTS
Wednesday
FINALIZE AND
ASSEMBLE
REPORTS FOR
AGENDA PACKET
6:00 P.M.
AGENDA PACKET
DISTRIBUTED
Thursday
Friday
Saturday
Sunday
Monday
7:00 p.m.
UPCOMING
COUNCIL MEETING
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 99 of 118 The altered agenda production timeframe would produce adverse impacts on City Staff’s ability to work on other matters immediately following regular Council meetings; and would eliminate flexibility in working on agenda items that may require extended effort, including through each weekend prior to current scheduled dates for City Manager Staff Meetings. This scenario would also result in adding only one additional day for City Council review and consideration of agenda packets and materials prior to the next regular meeting of the City Council. Based on these deleterious effects on City staff time, together with its minimal impact on meeting the objective for additional time to review and consider agenda reports and materials, advancing the date of the City Manager Staff Meetings by a day was determined to be of unproductive value.
Advancing the City Manager Staff Meeting to a day in the preceding week.
Similarly, City staff considered scheduling the City Manager Staff Meeting during the previous week, two weeks ahead of the meeting, and determined it would be inadvisable due to the potential disruption to internally established processes, routines, and meetings, which are currently aligned with the existing schedule. Mondays that week would typically used by staff to prepare for the Council meeting taking place that same evening.
Submitting agenda reports for the City Manager Staff Meeting scheduled for the following Tuesday morning would be challenging if the previous night’s Council meeting runs late, particularly if the agenda reports are not finalized on Monday. Special events, external agency meetings, and professional conferences generally occur during the second half of the week, rendering Wednesdays and Thursdays less suitable days for establishing regular staff meetings.
Recommended Alternative Scenarios
Based on the above discussion, City staff have determined that there are three scenarios best suited for consideration. These scenarios minimize the impacts on City operations, and include the following:
Scenario No. 1 — No change to the current process or meeting schedule.
As stated above, several members of the City Council voiced the opinion that the current agenda publication process should be revised to allow for additional time for Council review of agenda packets before the meetings. The current agenda preparation process fully complies with, and exceeds by at least 24 hours, the Brown Act’s requirement to post regular meeting agendas at least 72 hours in advance of a meeting of the governing board. Agendas are provided to the City Council and the public by 6:00 p.m. the Thursday before the Council meetings taking place the following Monday evening.
A diagram of the current process is shown as Fig. 1, on the previous page.
In considering the compliance of Scenario No. 1 with the objective to produce additional time for City Council review and consideration of agenda packet reports and materials, City staff considered the following:
Does Scenario No. 1 meet the stated objective?
No, the current process does not meet the objective to provide for additional time to consider and review bi–monthly agenda packet reports and materials. Does Scenario No. 1 have a substantial negative impact on City operations? No, it would require no changes to procedures and would consequently not impact City operations.
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 100 of 118 Scenario No. 2 — Change the day of the week for regular City Council meetings.
Changing the day of the week on which regular City Council meetings are conducted could potentially provide for additional time for City Council review and consideration of agenda packet materials.
(a) Changing regular City Council meetings to the first and third Tuesdays of each month.
Keeping the agenda publication process as it is, but changing the meeting date for regular meetings of the City Council to the first and third Tuesday of each month would provide approximately five days for City Council review and consideration of agenda packet reports and materials, meeting the objective to provide additional time for City Council review and consideration of agenda packet reports and materials.
Fig. 3 — Scenario No. 2(a), Revised Agenda Production Timeline Council Meetings Moved to Tuesdays, with 5–Day Public Review Period *Dotted outlines indicate days City Hall is closed.
** Bold outlined and shaded squares indicate days agenda packet is available for City Council and public review. (b) Changing regular City Council meetings to the first and third Wednesdays of each month.
Keeping the agenda publication process as it is, but changing the meeting date for regular meetings of the City Council to the first and third Wednesday of each month would provide approximately six days for City Council review and consideration of agenda packet reports and materials, meeting the objective to provide additional time for City Council review and consideration of agenda packet reports and materials.
Fig. 4 — Scenario No. 2(b), Revised Agenda Production Timeline with Council Meetings Moved to Wednesdays, with 6–Day Public Review Period Sunday
Monday
FINAL DAY FOR
DEPARTMENTS TO
SUBMIT AGENDA
REPORTS FOR
FINANCE REVIEW
Tuesday
9:00 a.m.
CITY MANAGER
STAFF MEETING
CITY CLERK
BEGINS REVIEW OF
AGENDA REPORTS
Wednesday
CITY CLERK REVIEW
OF AGENDA
REPORTS
Thursday
FINALIZE AND
ASSEMBLE
REPORTS FOR
AGENDA PACKET
6:00 P.M.
AGENDA PACKET
DISTRIBUTED
Friday
Saturday
Sunday
Monday
Tuesday
7:00 p.m.
UPCOMING
COUNCIL MEETING
Sunday
Monday
FINAL DAY FOR
DEPARTMENTS TO
SUBMIT AGENDA
REPORTS FOR
FINANCE REVIEW
Tuesday
9:00 a.m.
CITY MANAGER
STAFF MEETING
CITY CLERK
BEGINS REVIEW OF
AGENDA REPORTS
Wednesday
CITY CLERK REVIEW
OF AGENDA
REPORTS
Thursday
FINALIZE AND
ASSEMBLE
REPORTS FOR
AGENDA PACKET
6:00 P.M.
AGENDA PACKET
DISTRIBUTED
Friday
Saturday
Sunday
Monday
Tuesday
Wednesday
7:00 p.m.
UPCOMING
COUNCIL MEETING
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 101 of 118 (c) Changing regular City Council meetings to the second and fourth Tuesdays or Wednesdays of each month.
Alternatively, the City Council could consider the second and fourth Tuesdays or Wednesdays of each month to conduct regular meetings of the City Council; however, changing the weeks of the month in which the City Council regularly meets does not produce a different outcome from (a) and (b), above, as it relates to the objective to provide additional time to consider and review bi–monthly agenda packet materials.
The City has held its Council Meetings on Mondays since incorporation, and the regular meeting schedule is established in the Montclair Municipal Code (MMC).
Changing the regular City Council meeting date to the first and third Tuesday or Wednesday, or the second and fourth Tuesday or Wednesday of each month would require an ordinance to revise Section 2.12.090 B. of Chapter 2.12 of the MMC, which currently provides that, “The City Council shall hold regular meetings on the first and third Mondays of each Month at 7:00 p.m. When a regular meeting falls on a holiday, the meeting shall be held on the next business day.” In considering the compliance of Scenario No. 2, with the objective to produce additional time for City Council review and consideration of agenda packet reports and materials, City staff considered the following:
Does Scenario No. 2 meet the stated objective?
Yes, changing the City Council regular meeting date to either (a) the first and third Tuesday of each month or (b) the first and third Wednesday of each month would both meet the objective to provide for additional time to consider and review bi–monthly agenda packet materials. Changing (c) the weeks of the month in which the City Council regularly meets does not produce a different outcome as it relates to the objective to provide additional time to consider and review bi– monthly agenda packet materials.
Does Scenario No. 2 have a substantial negative impact on City operations? Yes, Changing the regular meeting date of the City Council to either the first and third (a) Tuesday or (b) Wednesday of each month, or (c) the second and fourth Tuesday or Wednesday of each month, has the potential to:
i. interfere with Commission meetings, including preparation of agendas for Commission meetings;
ii. be disruptive to other functioning Departmental processes, routines and meetings established internally by City staff;
iii. require coordination with the personal and professional schedules of City Council members; and
iv. interfere with Council and City staff attendance at conferences, training programs and other events, which typically occur Tuesday through Friday during work weeks.
Although changing the date of the meeting would meet the objective to provide for additional time to consider and review bi–monthly agenda packet reports and materials, the change is likely not significant enough to justify the potential negative impacts noted above.
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 102 of 118 Scenario No. 3 — Maintain the current regular meeting dates of the City Council, but advance the agenda preparation schedule by fourteen days.
Advancing or bringing forward the City Manager Staff Meeting date for City Council agenda packet material preparation has the potential to significantly increase the allowed time for Council review and consideration of bi–monthly agenda packets.
The City Council agenda packet preparation process starts on the Tuesday of the week before each regular meeting of the City Council. At that time, the City Manager conducts a staff meeting with representatives from each City Department. At the City Manager Staff Meeting, Council meeting agenda materials are presented and assembled by the City Clerk’s Office for publication and presentation to the City Council in an agenda packet on the following Thursday.
Advancing or bringing forward the City Manager Staff Meeting date for City Council agenda packet material preparation by approximately fourteen days would significantly increase the allowed time for Council review and consideration of bi–monthly agenda packet materials, thereby meeting the objective to provide for additional time to consider and review bi–monthly agenda packet materials.
Fig. 5 — Scenario No. 3, Revised Agenda Production Timeline with 11–Day Public Review Period (“Monday 3” Meeting)
*Dotted outlines indicate days City Hall is closed.
**Bold outlined and shaded squares indicate days agenda packet is available for City Council and public review. ***Blue items are relevant to the subject Monday No. 3 agenda packet and meeting. ****Gray and red items are related to meetings before and after subject meeting, respectively. Does Scenario No. 3 meet the stated objective?
Yes, maintaining the current regular meeting dates of the City Council with staff advancing the agenda preparation schedule by fourteen days meets the objective to provide for additional time to consider and review bi–monthly agenda packet materials.
In order to advance the agenda preparation schedule by fourteen days and present the City Council with a significant lead–time for reviewing agenda packets, the following would be required to reduce impacts to city operations: Sunday Monday 4
FINAL DAY FOR
DEPARTMENTS TO
SUBMIT AGENDA
REPORTS FOR
FINANCE REVIEW
Tuesday
9:00 a.m.
CITY MANAGER
STAFF MEETING
CITY CLERK
BEGINS REVIEW OF
AGENDA REPORTS
Wednesday
CITY CLERK REVIEW
OF AGENDA
REPORTS
Thursday
CITY CLERK REVIEW
OF AGENDA
REPORTS
Friday
Saturday
Sunday
Monday 1
CITY CLERK REVIEW
OF AGENDA
REPORTS
7:00 p.m.
COUNCIL MEETING
Tuesday
CITY CLERK REVIEW
OF AGENDA
REPORTS
Wednesday
CITY CLERK REVIEW
OF AGENDA
REPORTS
Thursday
FINALIZE AND
ASSEMBLE
REPORTS FOR
AGENDA PACKET
6:00 P.M.
AGENDA PACKET
DISTRIBUTED
Friday
Saturday
Sunday
Monday 2
FINAL DAY FOR
DEPARTMENTS TO
SUBMIT AGENDA
REPORTS FOR
FINANCE REVIEW
Tuesday
9:00 a.m.
CITY MANAGER
STAFF MEETING
CITY CLERK
BEGINS REVIEW OF
AGENDA REPORTS
Wednesday
CITY CLERK REVIEW
OF AGENDA
REPORTS
Thursday
CITY CLERK REVIEW
OF AGENDA
REPORTS
Friday
Saturday
Sunday
Monday 3
CITY CLERK REVIEW
OF AGENDA
REPORTS
7:00 p.m.
COUNCIL MEETING
Tuesday
CITY CLERK REVIEW
OF AGENDA
REPORTS
Wednesday
CITY CLERK REVIEW
OF AGENDA
REPORTS
Thursday
FINALIZE AND
ASSEMBLE
REPORTS FOR
AGENDA PACKET
6:00 P.M.
AGENDA PACKET
DISTRIBUTED
Friday
Saturday
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 103 of 118
1. Maintain the current regular meeting dates of the City Council, with the exception of the following:
The regular meeting of the City Council scheduled for October 6, 2025, would be canceled in order to facilitate the advancement of the City Manager Staff Meeting for agenda preparation and to accommodate the proposed transition, thereby providing the City Council with additional time to review and consider the agenda packet reports and materials.
Cancelling the October 6, 2025 meeting would eliminate the need to coordinate the preparation of two City Council agendas simultaneously.
2. Advance the City Manager Staff Meeting by two weeks. The City Manager Staff Meeting to begin agenda preparations for the October 6, 2025 regular meeting of the City Council is currently scheduled for September 30, 2025.
The September 30, 2025 City Manager Staff Meeting will still take place but will instead be used for preparation of the agenda for the October 20, 2025 regular meeting of the City Council.
For the October 20, 2025 regular meeting of the City Council, agenda delivery would occur on or about Thursday, October 9, 2025, providing the City Council with the agenda packet and materials for the meeting no later than 11 days in advance. Thereafter, the same pattern would continue, with the City Council regularly receiving the agenda packet no later than 11 days in advance of each regularly scheduled City Council meeting. Does Scenario No. 3 have a substantial negative impact on City operations? Yes, the City Council is advised of the following potential areas of concern that may arise from transition to Scenario No. 3:
1. Processes established in Scenario No. 3 may result in the requirement for an increased number of special meetings of the City Council to address agenda items that require immediate action, or which are of an urgent or perishable nature.
2. Scenario No. 3 may result in a four–week period before a City Council request for a discussion or agenda item is presented—or five weeks when there is a periodic three–week gap between regular City Council meetings; e.g., if the City Council approves a motion made at the regular meeting on October 20, 2025, to place an item on the City Council agenda for discussion, City staff will have already met on October 14, 2025, to assemble the agenda for the November 3, 2025 meeting. The next City Manager Staff meeting would take place on Tuesday, October 28, 2025, to assemble the agenda for the November 17, 2025 meeting.
3. The Warrant Register will continue to be reviewed by the Mayor Pro Tem; however, the City Attorney has advised that City staff’s recommendation on agenda reports asking to “Consider Approval of Warrant Register and Payroll Documentation” would henceforth say, “Staff recommends the City Council approve and ratify the above–referenced Warrant Register and MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 104 of 118 Payroll Documentation.” This revised statement will allow for City staff to process payroll as required by the City’s personnel policies, and pay warrants on a timely basis to avoid incurring interest, late charges, collection referrals, and other potential actions or consequences.
FISCAL IMPACT: There is no direct impact on the General Fund related to changing the publication date for City Council agenda packets.
RECOMMENDATION: Staff recommends the City Council consider the following:
1. Receive and file this response to City Council inquiry related to producing City Council meeting agenda packets earlier in order to provide additional time for City Council review; and
2. Consider providing direction to staff related to the agenda packet production schedule.
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 105 of 118 Personnel Committee Minutes – August 18, 2025 Page 1 of 1
MINUTES OF THE MEETING OF THE MONTCLAIR
PERSONNEL COMMITTEE HELD ON MONDAY,
AUGUST 18, 2025, AT 6:01 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 6:01 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 August 4, 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 August 4, 2025.
IV. PUBLIC COMMENT – None
V. CLOSED SESSION
At 6:02 p.m., the Personnel Committee went into Closed Session regarding personnel matters related to appointments, resignations/ terminations, and evaluations of employee performance.
At 6:21 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 6:21 p.m., Mayor Pro Tem Martinez adjourned the Personnel Committee.
Submitted for Personnel Committee approval,
Edward C. Starr
City Manager
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 106 of 118
PENDING
APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – August 4, 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, AUGUST 4, 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 Police Department Chaplain/Calvary Montclair Pastor Joe McTarsney gave the invocation.
III. PLEDGE OF ALLEGIANCE
Ruben Solis, Player No. 17, Montclair Little League Brewers, 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; Fire Chief Dierck; City Attorney Robbins; City Clerk Myrick
V. PRESENTATIONS
A. Recognition of Montclair Little League Brewers for Winning the 2025 California Little League Division 23 Championship
Tournament
Mayor Dutrey and the City Council recognized the Montclair Little League Brewers for winning the 2025 California Little League Division 23 Tournament of Champions.
VI. PUBLIC COMMENT
• Joan Lindhorst, resident, expressed concerns regarding continuing use of illegal fireworks in the City and lack of enforcement and police patrols.
• Jonathan, resident, stated his opposition to development of a walking trail along the San Antonio Creek Channel due to public safety and criminal activity concerns.
• Tenice Johnson, Board Member, Montclair Chamber of Commerce, invited the community to upcoming Chamber–sponsored events including the Montclair Police Department Recognition Luncheon, the Chamber’s monthly networking breakfast at OPARC, and a networking “lunch mob” at Los Portales on August 28.
• Sean Brunske, resident, reported witnessing vandalism of a local business by a homeless individual and requested increased trespassing enforcement to curb the rise in crimes committed by the rising homeless population.
VII. PUBLIC HEARINGS — None
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 107 of 118
PENDING
APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – August 4, 2025 Page 2 of 6 VIII. CONSENT CALENDAR
ACTION – Consent Calendar
ACTING: City Council
Successor Agency Board
Montclair Housing Corporation Board
Montclair Housing Authority Commissioners
Montclair Community Foundation Board
DISCUSSION: C–1, C–4, D–1, and D–2
MOTION: Approve the Consent Calendar as presented.
MADE BY:
SECOND BY:
Council Member/Director Ruh
Council Member/Director Lopez
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 — July 21, 2025
ACTION – Consent Calendar – Item A–1
ACTING: City Council
Successor Agency Board
Montclair Housing Corporation Board
Montclair Housing Authority Commissioners
Montclair Community Foundation Board
RESULT: Approved on Consent Calendar; motion carried 5–0.
B Administrative Reports
1. Consider Approval of Warrant Register & Payroll
Documentation
ACTION – Consent Calendar – Item B–1
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.
2. Consider Declaring Certain City Property as Surplus and Available for Auction, Parts, or Destruction
ACTION – Consent Calendar – Item B–2
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.
3. Consider Approval of a $30,594 Contribution to the Ontario– Montclair School District (OMSD) for the Purchase of Books for the READ to Kinder Program
Consider Authorizing a $30,594 Appropriation from the
Contingency Reserve Fund for the Purchase of Books for the OMSD READ to Kinder Program
ACTION – Consent Calendar – Item B–3
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 108 of 118
PENDING
APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – August 4, 2025 Page 3 of 6 C. Agreements
1. Consider Approval of Agreement No. 25–50 with
Governmentjobs.com, Inc. dba NEOGOV for Use of the LEARN Platform to Provide, Track, and Manage Employee Training Consider Authorizing City Manager Edward C. Starr to Sign Said Agreement
Council Member Mendez asked if all departments can use LEARN.
City Clerk Myrick confirmed all departments can use the system to provide and track their department’s internal staff training.
ACTION – Consent Calendar – Item C–1
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.
2. Consider Approval of Agreement No. 25–55 with
LeadsOnline, LLC for CellHawk and NightHawk Cellular
Phone Data Mapping and Analysis Systems for Use in
Criminal Investigations for the Police Department, Subject to Any Revisions Deemed Necessary by the City Attorney
Consider Authorizing Police Chief Jason Reed to Sign Said Agreement
ACTION – Consent Calendar – Item C–2
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.
3. Consider Approval of Agreement No. 25–56 with the San Bernardino County Office of Emergency Services Author–
izing the Receipt of $14,771 from the FY 2024 Emergency Management Performance Grant and Authorizing Police
Chief Jason Reed to Sign Said Agreement
Consider Authorizing a $14,771 Appropriation from the
Public Safety Grant Fund, and a $14,771 Appropriation from the Contingency Fund as a Dollar–for–Dollar Match to
Receive the Grant Funds, for the Purchase of a Direct View LED Video Wall for the Emergency Operations Center at the Police Department
ACTION – Consent Calendar – Item C–3
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.
4. Consider Approval of Agreement No. 25–57 with San
Bernardino County Transportation Authority (SBCTA) for
Funding of the Holt Boulevard and Mission Boulevard
Connected Smart Corridors Project, Subject to Any Revisions Deemed Necessary by the City Attorney
Council Member Lopez noted his disappointment of SBCTA’s selection of the Holt and Boulevard Project over the Central Avenue Project, noting improvements to Central Avenue would be more beneficial as it is the City’s designated truck route.
ACTION – Consent Calendar – Item C–4
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 109 of 118
PENDING
APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – August 4, 2025 Page 4 of 6 D. Resolutions
1. Consider Adoption of Resolution No. 25–3492 Rescinding and Replacing Resolution No. 25–3474 Designating
Restricted Parking on Public Streets and Alleys to Include Parking Restrictions on the North Side of Cypress Street between Monte Vista Avenue and a Private Alleyway, and to Limit Parking on Magnolia Avenue and Cypress Street
Brittney Clemons, Manager, Kendry Apartments, indicated that the low availability of parking in this area has posed challenges for prospective tenants of the apartment complex, as well as for short–term contractors performing essential maintenance and repair activities for the apartment facilities.
ACTION – Consent Calendar – Item D–1
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.
2. Consider Adoption of Resolution No. 25–3493 Adopting the Measure I Five–Year Capital Project Needs Analysis for Fiscal Years 2026–27 Through 2030–31
Consider Adoption of Resolution No. 25–3494 Adopting the Measure I Five–Year Local Street Capital Improvement
Program for Fiscal Years 2025–26 Through 2029–30
Council Member Lopez requested clarification regarding the SBCTA loan program the City used for the Monte Vista Avenue improvements referenced in the agenda report.
City Manager Starr advised the loan was made from Measure I funds, and the City is on a 10–year payment plan.
ACTION – Consent Calendar – Item D–2
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.
IX. PULLED CONSENT CALENDAR ITEMS — None
X. COMMUNICATIONS
A. Department Reports
1. Police Department — National Night Out
Police Chief Reed announced a Red Cross Blood Drive will be hosted on August 5, from 2:00 p.m. to 6:00 p.m., and the National Night Out Event follows at 6:30 p.m. at Alma Hofman Park, which will include public safety booths, children’s activities, an opportunity to meet local emergency personnel, and a showing of the movie Sonic the Hedgehog 3 at 7:45 p.m.
B. City Attorney
City Attorney Robbins requested the City Council meet in closed session concerning the following:
1. Closed Session Pursuant to Government Code §54957.6
Regarding Conference with Designated Labor Negotiator
Edward C. Starr
Agency: City of Montclair
Employee Management Employees
Associations: Montclair City Confidential Employees Association General Employees – Teamsters Local 1932
Montclair Fire Fighters Association
Montclair Police Officers Association
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 110 of 118
PENDING
APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – August 4, 2025 Page 5 of 6 C. City Manager/Executive Director — None
D. Mayor/Chair
Mayor/Chair Dutrey commended the Fire Department for their prompt response to a recent mobile home park fire; highlighted Montclair After–School Program staff training for the new school year; recognized special observances in August; and thanked residents for voicing safety concerns, urging them to report illegal activities promptly and cooperate with law enforcement.
1. Discussion of City Council Agenda Packet Publication and Distribution
Council Member Mendez advocated moving production to
Tuesdays rather than Thursdays to provide Council Members more time to review and seek clarification from staff.
Mayor Pro Tem Martinez noted she has no issues reviewing the agenda on the current timeline, and moving the publication date up could disrupt staff’s established workflows and meetings.
Council Member Ruh spoke in support of publishing earlier for the benefit of the public and cited other agencies publishing their agendas six days or more in advance of the meetings.
Council Member Lopez attributed current challenges to staff availability and the City's four–day workweek, and proposed the City Manager establish regular individual meetings with Council Members to discuss and clarify items on the agenda.
Mayor Dutrey proposed a trial period of releasing the agendas on Wednesdays from October through December.
City Manager Starr requested time for staff to internally discuss and provide recommendations to the City Council regarding implementation of a trial period for altering the agenda production schedule.
ACTION – Communications – Item D–1
ACTING: City Council
MOTION: Direct City Manager Starr to meet with department heads and report back with recommendations
regarding adjustments to the agenda packet
production schedule.
MADE BY:
SECOND BY:
Mayor Dutrey
Council Member Mendez
AYES:
NOES:
ABSTAIN:
ABSENT:
Mendez, Lopez, Ruh, Martinez, Dutrey
None
None
None
RESULT: Motion carried 5–0.
1. Discussion of Draft City Council Policy and Procedures Manual Mayor Dutrey advised the draft policy manual was developed over several years by the Legislative Committee composed of himself and Council Member Ruh. He noted it would establish enforceable policies for operating as a legislative body and would be reviewed and updated annually.
Council Member Mendez suggested the manual provide
guidelines and not binding rules.
Mayor Pro Tem Martinez and Council Member Lopez discussed preference for Robert’s Rules of Order over Rosenberg’s.
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 111 of 118
PENDING
APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – August 4, 2025 Page 6 of 6 Council Member Lopez questioned surrendering authority on certain matters to staff.
Mayor Dutrey noted the policies are preliminary and open to refinement, and emphasized the need for policies to improve meeting efficiency. He encouraged the City Council to send proposed revisions to the City Clerk by Labor Day for review by the Legislative Committee composed of himself and Council Member Ruh.
E. Council Members/Directors
1. Council Member/Director Ruh reported the Gold Line extension from Azusa to Pomona will begin operating on September 19; announced that the 2028 Summer Olympics are expected to take place in California, with a venue being built in San Dimas for mountain biking; and acknowledged significant historical events in August.
2. Council Member/Director Lopez congratulated the Brewers on their achievement; requested earthquake and disaster resources be posted online and via social media for residents; and noted his ongoing efforts to assist the Hispanic community during the U.S. Immigration and Customs Enforcement (ICE) activity taking place in the area.
3. Council Member/Director Mendez requested an update on the grand opening of Reeder Ranch Park; and commented on the recent painting of red curbs in residential areas.
City Manager Starr reported that the City is waiting on Southern California Edison to perform electrical inspections for the park.
4. Mayor Pro Tem/Vice Chair Martinez expressed appreciation for support from school officials and the police department during an ICE–related scare at Montclair High School.
F. Committee Meeting Minutes
The following committee minutes were received and filed for informational purposes:
1. Public Works Committee Meeting — March 20, 2025
2. Personnel Committee — July 21, 2025
XI. CLOSED SESSION
At 9:40 p.m., the City Council went into closed session to discuss labor negotiations.
XII. CLOSED SESSION ANNOUNCEMENT
At 10:12 p.m., the City Council returned from closed session. Mayor Dutrey announced that the City Council discussed labor negotiations and direction given to staff; and no further announcements would be made at this time.
XIII. ADJOURNMENT
At 10:12 p.m., the City Council, Successor Agency Board, Montclair Housing Corporation Board, Montclair Housing Authority Commission, and Montclair Community Foundation Board were adjourned.
Submitted for City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority
Commission/Montclair Community Foundation Board approval,
Andrea Myrick,
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 112 of 118
PENDING
APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – August 18, 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, AUGUST 18, 2025, AT 7:00 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 7:00 p.m.
II. INVOCATION
Pastor Robert Edwards, Set Free Church, gave the invocation.
III. PLEDGE OF ALLEGIANCE
Council Member/Director Mendez led meeting participants in the Pledge.
IV. ROLL CALL
Present: Mayor/Chair Dutrey, Mayor Pro Tem/Vice Chair Martinez; Council Members/Directors Ruh, Lopez, and Mendez
City Manager/Executive Director Starr; Assistant City Manager/ Director of Human Services Richter; Director of Finance Kulbeck; Director of Public Works/City Engineer Heredia; Police Chief Reed; Fire Chief Dierck; City Attorney Robbins; City Clerk Myrick V. PRESENTATIONS
A. San Bernardino County Transportation Authority (SBCTA) Update on Transportation Projects Funded by Measure I in Montclair Otis Greer, Deputy Executive Director, SBCTA, discussed the history and future of San Bernardino County’s Transportation Measure I, originally passed by the County’s voters in 2004, including a review of transportation projects in Montclair that were fully or partially funded by Measure I, as well as current and upcoming transportation projects for the region.
VI. PUBLIC COMMENT
• Bill Kaufman expressed continued interest in opening a cannabis “wellness center” in Montclair, and expressed his hope that the City Council will consider an ordinance to allow this type of business soon. • Hillary Dockrell, resident, discussed ongoing safety concerns in the area surrounding her home including the train tracks, a vacant property, and the San Antonio Creek Channel, all which attract criminal activity and homeless individuals to the area. She acknowledged Code Enforcement’s work on homeless issues, and requested the entrance to the channel and railroad be permanently and securely closed.
Mayor Dutrey emphasized that the area is a high priority for the City and law enforcement is aware of the issues.
City Manager Starr explained that the channel is owned by the U.S.
Army Corps of Engineers (USACE) and is under the jurisdiction of the San Bernardino County Flood Control District (SBFCD), and the train tracks are owned by Union Pacific Railroad. He advised the City has limited authority over these areas and does not have legal access unless specifically authorized or in emergency situations, and when crimes cross into the City’s jurisdiction. He noted the City requested easements for maintenance of the future trail and for enforcement purposes, and offered to purchase the adjacent vacant property from Pomona School District (PSD), which was refused.
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 113 of 118
PENDING
APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – August 18, 2025 Page 2 of 6 Council Member Lopez asked about staff’s communication efforts.
City Manager Starr discussed the City’s regular communications with USACE, SBFCD, and PSD regarding any issues that arise and in relation to requests for code and law enforcement to access the properties.
Mayor Dutrey requested staff follow up with PSD regarding its future plans involving the site or potential sale of the property.
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–9 and C–2.
MOTION: Approve Item B–9 as revised, 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 — None
B Administrative Reports
1. Consider Receiving and Filing City Treasurer’s Report – July 2025
ACTION – Consent Calendar – Item B–1
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.
2. Consider Approval of City Warrant Register and Payroll Documentation
ACTION – Consent Calendar – Item B–2
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.
3. Consider Receiving and Filing SA Treasurer’s Report – July 2025
ACTION – Consent Calendar – Item B–3
ACTING: Successor Agency Board
RESULT: Approved on Consent Calendar; motion carried 5–0.
4. Consider Approval of SA Warrant Register – July 2025 MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 114 of 118
PENDING
APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – August 18, 2025 Page 3 of 6 ACTION – Consent Calendar – Item B–4
ACTING: Successor Agency Board
RESULT: Approved on Consent Calendar; motion carried 5–0.
5. Consider Receiving and Filing MHC Treasurer’s Report – July 2025
ACTION – Consent Calendar – Item B–5
ACTING: Montclair Housing Corporation Board
RESULT: Approved on Consent Calendar; motion carried 5–0.
6. Consider Approval of MHC Warrant Register – July 2025 ACTION – Consent Calendar – Item B–6
ACTING: Montclair Housing Corporation Board
RESULT: Approved on Consent Calendar; motion carried 5–0.
7. Consider Receiving and Filing of MHA Treasurer’s Report – July 2025
ACTION – Consent Calendar – Item B–7
ACTING: Montclair Housing Authority Commissioners
RESULT: Approved on Consent Calendar; motion carried 5–0.
8. Consider Approval of MHA Warrant Register – July 2025 ACTION – Consent Calendar – Item B–8
ACTING: Montclair Housing Authority Commissioners
RESULT: Approved on Consent Calendar; motion carried 5–0.
9. Consider Designating Mayor Dutrey and Council Member Mendez as Voting Alternates for the Annual Business
Meeting of the General Assembly at the League of California Cities Annual Conference on October 10, 2025, in Long
Beach
Mayor Dutrey proposed instead designating Council Member Ruh as Voting Delegate and Council Member Mendez and
himself as Voting Alternates.
ACTION – Consent Calendar – Item B–9
ACTING: City Council
MOTION: Designate Council Member Ruh as Voting Delegate, and Council Member Mendez and Mayor Dutrey as
Voting Alternates for the Annual Business Meeting of
the General Assembly at the League of California
Cities Annual Conference on October 10, 2025, in
Long Beach.
RESULT: Approved on Consent Calendar; motion carried 5–0.
C. Agreements
1. Consider Approval of Agreement Nos. 25–52, 25–53, and 25– 54 with Montclair Little League and Golden Girls Softball MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 115 of 118
PENDING
APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – August 18, 2025 Page 4 of 6 League for Use of Ball Field Facilities, Subject to Any Revisions Deemed Necessary by the City Attorney
ACTION – Consent Calendar – Item C–1
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.
2. Consider Approval of Revised Agreement No. 25–57 with San Bernardino County Transportation Authority for Funding of the Central Avenue Smart Corridor Project, Subject to Any Revisions Deemed Necessary by the City Attorney
Council Member Lopez expressed appreciation to Mayor Dutrey for following up on his inquiry about the Central Project not receiving approval from SBCTA over the Mission and Holt Project.
Council Member Mendez inquired about the project’s scope.
City Manager Starr explained that the existing traffic signal equipment on Central Avenue will be upgraded to enhance signal responsiveness based on real–time traffic conditions.
ACTION – Consent Calendar – Item C–2
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.
3. Consider Approval of Agreement No. 25–59, a Memorandum of Understanding with the Counties of Los Angeles, Orange, Riverside, and San Diego for Use of the SECURE G2G Service to Electronically Record Documents with the San Bernardino County Recorder’s Office
ACTION – Consent Calendar – Item C–3
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.
D. Resolutions
1. Consider Adoption of Resolution No. 25–3495 Authorizing the Salaries and Classification Titles for City Employees on a Consolidated Salary Schedule
ACTION – Consent Calendar – Item D–1
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.
IX. PULLED CONSENT CALENDAR ITEMS — None
X. COMMUNICATIONS
A. Department Reports — None
B. City Attorney
City Attorney Robbins requested the City Council meet in closed session concerning the following:
1. Pursuant to Government Code §54956.9(d)(2) Regarding Potential Litigation
One Potential Case
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 116 of 118
PENDING
APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – August 18, 2025 Page 5 of 6
2. Pursuant to Government Code §54956.8 Regarding Real
Property Negotiations
Property: APN 1008–352–02–0000
Negotiating Parties: City of Montclair and Alexis Diaz
City Negotiator: Edward C. Starr, City Manager
Under Negotiation: Recommendation Regarding Purchase Price Property: APN: 1009–172–12–0000
Negotiating Parties: City of Montclair, Virgina J. Gregorowich, Phyllis J. Turner, and Joanne O. Suhr
City Negotiators: Edward C. Starr, City Manager
Under Negotiation: Recommendation Regarding Purchase Price Property: APN 1009–331–56–0000
Negotiating Parties: City of Montclair, Arthur L. Murray, Jr., and Patricia Sue Murray
City Negotiator: Edward C. Starr, City Manager
Under Negotiation: Recommendation Regarding Purchase Price C. City Manager/Executive Director — None
D. Mayor/Chair
1. Announcement of Montclair Post Office Dedication Ceremony for Former Mayor Paul M. Eaton on August 28, 2025
Mayor Dutrey announced the event will take place at Alma Hofman Park beginning at 9:00 a.m.
2. Mayor Dutrey noted he attended an SBCTA Transit Committee meeting on August 14; reported that he will be out of town from August 19 to August 27; complimented the Police Department on running a successful National Night Out event; congratulated Police Chief Reed on receiving the Montclair Chamber’s Annual Achievement Award and Officer Vera on being named Officer of the Year at the Police Recognition Ceremony; commended the Police Department on participating with other law enforcement agencies in responding to a recent incident involving a shooting in Montclair; advised of upcoming lane closures due to SBCTA repaving the portions of Monte Vista, Central, and Benson Avenues under the I–10 freeway; and acknowledged the Animal Resource Center on its recent grand opening.
E. Council Members/Directors
1. Council Member/Director Lopez commended the Fire Department for their prompt response during a tragic incident that occurred on the I–10 freeway and Monte Vista Avenue; congratulated Chief Reed and Officer Vera on their awards; and expressed his opposition of the proposed statewide Congressional redistricting.
2. Council Member/Director Ruh discussed potential benefits of the redistricting proposal to Montclair in relation to transit projects; thanked the Montclair Chamber for the hosting Police
Recognition event; expressed hope that SBCTA will minimize impact of construction under the I–10 Freeway on nearby residents; acknowledged the National Night Out event and noted attendance may have been impacted by back–to–school night; advised that he will be out of town attending a work event on August 28 and unable to attend the Post Office Dedication Ceremony; congratulated Rodrigo’s Mexican Grill on the
restaurant’s 53rd anniversary in Montclair, noting it has changed names and ownership over the years; and expressed hope that legislation addressing squatters and trespassers will succeed in the future.
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 117 of 118
PENDING
APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – August 18, 2025 Page 6 of 6 F. Committee Meeting Minutes
The following committee minutes were received and filed for informational purposes:
1. Personnel Committee — August 4, 2025
XII. CLOSED SESSION
At 7:51 p.m., the City Council went into closed session to discuss potential litigation and real property negotiations.
XIII. CLOSED SESSION ANNOUNCEMENT
At 8:22 p.m., the City Council returned from closed session. Mayor Dutrey announced that the City Council discussed potential litigation and real property negotiations; direction was given to staff; and no further announcements would be made at this time.
XIV. ADJOURNMENT
At 8:22 p.m., the City Council, Successor Agency Board, Montclair Housing Corporation Board, Montclair Housing Authority Commission, and Montclair Community Foundation Board were adjourned.
Submitted for City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority
Commission/Montclair Community Foundation Board approval, Andrea Myrick,
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 09/02/2025 Page 118 of 118