Montclair City Council
November 3, 2025

CITY OF MONTCLAIR

CITY COUNCIL

SUCCESSOR REDEVELOPMENT AGENCY,

MONTCLAIR HOUSING CORPORATION, MONTCLAIR

HOUSING AUTHORITY, AND MONTCLAIR COMMUNITY

FOUNDATION MEETINGS

AGENDA PACKET
Monday, November 3, 2025
7:00 p.m.

Montclair City Council Chambers
5111 Benito Street
Montclair, CA 91763
Mayor
Javier “John” Dutrey
Mayor Pro Tem
Corysa Martinez
Council Members
Bill Ruh
Benjamin “Ben” Lopez
Xavier Mendez
City Manager
Edward C. Starr
City Attorney
Diane E. Robbins
City Clerk
Andrea M. Myrick

REGULAR JOINT MEETING OF THE

CITY COUNCIL, SUCCESSOR AGENCY, MONTCLAIR HOUSING CORPORATION,

MONTCLAIR HOUSING AUTHORITY, AND MONTCLAIR COMMUNITY FOUNDATION to be held in the Council Chambers
5111 Benito Street, Montclair, California
Monday, November 3, 2025
7:00 p.m.

If you want to provide comments on an agenda item, including public hearing and closed session items, please complete a Speaker Card located in the Council Chambers. The Mayor/Chair (or the meeting’s Presiding Officer) will call on those who submitted requests to speak at the appropriate time 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
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 Page No.

A. First Reading — Consider Accepting Public Comment on Ordinance No. 25– 1014 Amending the Zoning Code and Repealing and Replacing Chapter

11.23 of the Montclair Municipal Code Relating to Accessory Dwelling Units and Junior Accessory Dwelling Units in Residential Zones (Case No. 2025– 03) [CC]
Consider Continuing First Reading of Ordinance No. 25–1014 to Monday, December 1, 2025, at 7:00 p.m. in the City Council Chambers [CC] 4

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MONTCLAIR CITY COUNCIL MEETING – 11/03/2025 Page 1 of 109 Page No.

VIII. CONSENT CALENDAR
A. Approval of Minutes

1. Regular Joint Meeting — September 15, 2025 [CC/SA/MHC/MHA/MCF] 102 B. Administrative Reports

1. Consider Approval of Warrant Register and Payroll Documentation [CC] 17 C. Agreements

1. Consider Approval of Agreement No. 25–64, Amendment No. 1 to Agreement No. 24–84 with TKE Engineering, Inc. for Engineering Design Services for the Montclair Safe Routes to School (SRTS) Implementation Project for Safety Improvements near Montclair High, Monte Vista Elementary, and Monterra Elementary Schools, Subject to Any Revisions Deemed Necessary by the City Attorney [CC]
Consider Authorizing a $92,329 Appropriation from 2021 Lease Revenue Bond Funds for Costs Related to Agreement No. 25–64, with $76,000 to be Reimbursed by Active Transportation Program Cycle 6 Grant Funds [CC] Consider Authorizing an Additional $4,580 Contingency for the Montclair SRTS Implementation Project [CC] 18

2. Consider Approval of Agreement No. 25–72 with Graffiti Tracker Inc. for Continued Use of its Database to Track and Analyze Graffiti for the Police Department, Subject to Any Revisions Deemed Necessary by the City Attorney [CC]
Consider Authorizing a $3,300 Appropriation from the Prop 30/AB 109 Fund for Costs Associated with Agreement No. 25–72 [CC] 26

3. Consider Approval of Agreement No. 25–73, Amendment No. 1 to Agreement No. 23–21 with AGA Engineers, Inc. for Engineering Traffic Signal Upgrades at Four Intersections in Support of the Arrow Highway Improvement Project, Subject to Any Revisions Deemed Necessary by the City Attorney [CC]
Consider Approval of Agreement No. 25–74, Amendment No. 1 to Agreement No. 23–30 with L.D. King, Inc. for Engineering Design Services for Street, Sewer, and Storm Drain Improvements for the Arrow Highway Improvement Project, Subject to Any Revisions Deemed Necessary by the City Attorney [CC]
Consider Authorizing a $40,000 Appropriation from 2021 Lease Revenue Bond Funds for Costs Related to Agreement No. 25–74, Amendment No. 1 to Agreement No. 23–30 with L.D. King, Inc. [CC] 36
D. Resolutions

1. Consider Adoption of Resolution No. 25–3499 Authorizing Placement of Liens on Certain Properties for Delinquent Sewer and Trash Charges [CC] 41 MONTCLAIR CITY COUNCIL MEETING – 11/03/2025 Page 2 of 109 Page No.

2. Consider Adoption of Resolution No. 25–3503 Approving Agreement No. 25–71, an Affordable Housing Agreement with the Montclair Housing Authority and the Montclair Housing Corporation; Authorizing the Transfer of 9490 Carrillo 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 $20,000 Appropriation from the Economic Development Assets Fund for Rehabilitation of the Property Located at 9490 Carrillo Avenue, Montclair [CC]
Consider Adoption of MHA Resolution No. 25–02 Approving Agreement No. 25–71, 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. 25–03 Approving Agreement No. 25–71, an Affordable Housing Agreement with the City of Montclair and the Montclair Housing Authority [MHC] 47
IX. PULLED CONSENT CALENDAR ITEMS
X. COMMUNICATIONS
A. Department Reports

1. Human Services — Upcoming Events
B. City Attorney
C. City Manager/Executive Director
D. Mayor/Chairperson
E. Council Members/Directors
F. Committee Meeting Minutes (for informational purposes only)

1. Personnel Committee Meeting — October 20, 2025 [CC] 101 XI. 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, November 17, 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, October 23, 2025.

MONTCLAIR CITY COUNCIL MEETING – 11/03/2025 Page 3 of 109

CITY COUNCIL

AGENDA REPORT
DATE: OCTOBER 20, 2025
SECTION: PUBLIC HEARINGS
ITEM NO.: A
FILE I.D.: CDV110
DEPT.: COMMUNITY DEV.

PREPARER: S. GUTIERREZ
SUBJECT: FIRST READING — CONSIDER ACCEPTING PUBLIC COMMENT ON ORDINANCE NO. 25–1014 AMENDING THE ZONING CODE AND REPEALING AND REPLACING CHAPTER

11.23 OF THE MONTCLAIR MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS IN RESIDENTIAL ZONES (CASE NO. 2025–03)
CONSIDER CONTINUING FIRST READING OF ORDINANCE NO. 25–1014 TO MONDAY, DECEMBER 1, 2025, AT 7:00 P.M. IN THE CITY COUNCIL CHAMBERS REASON FOR CONSIDERATION: On the October 20, 2025 City Council agenda was a public hearing to consider the first reading of Ordinance No. 25–1014 amending the Montclair Municipal Code (MMC) and the Zoning Code. However, at that meeting, staff requested the item be continued to the first meeting of December due to more recent legislative changes that necessitate further code amendments. No public comments for received during the hearing, and the item was then pulled off the agenda with no vote taken to continue the hearing to the requested meeting. As a result, the hearing has been carried forward to this meeting’s agenda to avoid additional costs associated with publishing a new notice, and the City Council is requested to again hold a public hearing on this item to accept public testimony and consider formally continuing the first reading of the ordinance, after amendments, to its meeting on December 1, 2025.

The currently proposed and upcoming amendments are intended to update existing regulations to ensure compliance with Government Code (GC) section (§) 66310 et seq. related to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) constructed in the City. Amending the MMC is required to be consistent with recent State legislation regarding Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) developed within the City. Once amended, the ordinance will comply with GC §65852.2 and §65852.22 et seq., as amended by recent legislation, including Assembly Bill (AB) 2533 and Senate Bill (SB) 1211.

BACKGROUND: In recent years, the California Legislature has approved, and the Governor has signed into law, a number of bills that, among other things, amended various sections of the GC to impose new limits on local authority to regulate ADUs and JADUs. In 2024, the California Legislature approved, and the Governor signed into law, two new bills — AB 2533 and SB 1211 — that further amend state ADU law, as summarized below.

AB 2533 — Unpermitted ADUs and JADUs
Under existing state law, cities are generally prohibited from denying a permit to legalize an unpermitted ADU constructed before January 1, 2018, if the basis for denial is noncompliance with applicable building, state, or local ADU standards. An exception allows denial if the city makes a written finding that correction of the violation is necessary to protect public or occupant health and safety.

AB 2533 modifies these provisions by:

MONTCLAIR CITY COUNCIL MEETING – 11/03/2025 Page 4 of 109  Expanding the legalization protections to also include Junior ADUs (JADUs);  Extending the construction cutoff date from January 1, 2018, to January 1, 2020; and  Replacing the existing health and safety exception with a narrower requirement that denial may only occur if the city determines correction is necessary to comply with Health and Safety Code §17920.3 (Substandard Buildings). (See amended GC §66332(a)–(f))
SB 1211 — ADUs in Multifamily Developments
 Replacement Parking
Existing law prohibits a city from requiring replacement of off–street parking spaces when a garage, carport, or covered parking structure is demolished or converted to accommodate an ADU.

SB 1211 expands this prohibition to also include uncovered parking spaces. Cities may no longer require replacement parking when an uncovered parking space is demolished for, or replaced with, an ADU. (Refer to amended GC §66314(d)(11))  Livable Space Definition
State law currently requires ministerial approval of ADUs located within “portions of existing multifamily dwelling structures that are not used as livable space,” such as storage rooms, attics, basements, or garages. However, “livable space” was previously undefined.

SB 1211 clarifies this by defining livable space as “A space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.” (Refer to amended GC §66313(e))
 Detached ADUs on Multifamily Lots
Existing law allows a lot with an existing or proposed multifamily dwelling to include up to two detached ADUs.

SB 1211 increases the limit for lots with an existing multifamily dwelling to allow up to eight detached ADUs, or up to the number of primary dwelling units on the lot, whichever is less. The limit for lots with a proposed multifamily dwelling remains unchanged at two detached ADUs. (Refer to amended GC §66323(a)(4)) Both AB 2533 and SB 1211 took effect January 1, 2025. To remain valid, the City’s ADU Ordinance must comply with requirements imposed by AB 2533 and SB 1211. Adopting the proposed ordinance (Exhibit A to Attachment 1) ensures that the City’s ADU ordinance will be valid under AB 2533 and SB 1211.

The Planning Commission considered the proposed Ordinance during a noticed public hearing at its regular meeting on June 9, 2025, with the item continued to June 23, 2025.

Following review of the staff report and draft ordinance, and after opening the hearing for public testimony (with no comments received), the Commission voted 5–0 to recommend City Council approval of the proposed Ordinance, as set forth in Planning Commission Resolution No. 25–1995.

During the Planning Commission hearing, Vice Chair Sanchez inquired about the treatment of tiny homes, to which Community Development Director Diaz clarified that manufactured homes would continue to be allowed under the updated code. Chair Martinez requested clarification regarding requirements for existing unpermitted garage MONTCLAIR CITY COUNCIL MEETING – 11/03/2025 Page 5 of 109 conversions, and Director Diaz confirmed that such conversions must comply with applicable building and zoning code requirements. Commissioner Johnson asked about the conversion of storage sheds, and Director Diaz explained that the code allows a storage area within a multifamily residential apartment building to be converted into an attached ADU.

Notice of this City Council public hearing was published in the Inland Valley Daily Bulletin on September 12, 2025. The notice meets the legal notice requirements. No public comments were received prior to or during the Planning Commission review, nor have any been submitted to date.

Under §21080.17 of the California Public Resources Code (PRC), adoption of the proposed Ordinance is statutorily exempt from the California Environmental Quality Act (CEQA). Under PRC §21080.17, CEQA does not apply to the adoption of an ordinance by a city or county to implement the provisions of §66310 et seq. of the GC (State ADU law).

The proposed Ordinance implements GC §66310 et seq. within the City of Montclair in a manner that is consistent with the requirements of State ADU law.

FISCAL IMPACT: The cost for review of future ADU and JADU proposals will be borne by property owners (applicants) at the fee established for review and permits as listed on the City’s Master User Fee Schedule, which is approved and amended from time to time by the City Council.

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

1. Accept public comment on Ordinance No. 25–1014 amending the Zoning Code and repealing, and replacing Chapter 11.23 of the MMC relating to Accessory Dwelling Units and Junior Accessory Dwelling Units in residential zones (Case No. 2025–03); and

2. Continue first reading of amended Ordinance No. 25–1014 to Monday, December 1, 2025, at 7:00 p.m. in the City Council Chambers.

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READING
11/03/2025
Ordinance No. 25–1014 Page 1 of 10
ORDINANCE NO. 25–1014

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MONTCLAIR AMENDING CHAPTER 11.23 OF TITLE 11 OF

THE MONTCLAIR MUNICIPAL CODE RELATING TO

ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY

DWELLING UNITS AND FINDING THE ACTION TO BE

STATUTORILY EXEMPT FROM CEQA UNDER PUBLIC
RESOURCES CODE § 21080.17
WHEREAS, the City of Montclair, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, state law authorizes cities to act by ordinance to provide for the creation and regulation of accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”); and
WHEREAS, in recent years, the California Legislature has approved, and the Governor has signed into law, numerous bills that, among other things, amend various sections of the Government Code to impose new limits on local authority to regulate ADUs and JADUs; and
WHEREAS, in 2024, the California Legislature approved, and the Governor signed into law, Assembly Bill 2533 (“AB 2533”) and Senate Bill 1211 (“SB 1211”), which further amend state ADU law; and
WHEREAS, AB 2533 and SB 1211 took effect on January 1, 2025, and for the City’s ADU ordinance to remain valid, it must be amended to reflect the requirements of AB 2533 and SB 1211; and
WHEREAS, the City desires to amend its local regulatory scheme for the construction of ADUs and JADUs to reflect AB 2533’s and SB 1211’s changes to state law; and
WHEREAS, on June 9, 2025, at a duly noticed public meeting, the Planning Commission received a staff report recommending continuation of Draft Ordinance 25– 1014 to allow staff additional time to refine the code amendment text.

WHEREAS, on June 23, 2025, at a duly noticed public meeting, the Planning Commission considered all written and oral testimony presented regarding the proposed. Following the public hearing, the Planning Commission voted to forward the Ordinance to the City Council with a recommendation in favor of its adoption; and WHEREAS, on October 20, 2025, the City Council held a duly–noticed public hearing to consider the Ordinance, including: (1) the public testimony and agenda reports prepared in connection with the Ordinance, (2) the policy considerations discussed therein, and (3) the consideration and recommendation by the City’s Planning Commission; and
WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.

NOW, THEREFORE, the City Council of the City of Montclair does ordain as follows:

SECTION 1. Incorporation. The recitals above are each incorporated by reference and adopted as findings by the City Council.

SECTION 2. CEQA. Under California Public Resources Code § 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California’s ADU law and which also regulates JADUs, as defined by section 66313. Therefore, adoption of the Ordinance is statutorily exempt from CEQA in that it implements state ADU law.

SECTION 3. General Plan. The City Council hereby finds that the adoption of the Ordinance is consistent with the General Plan as a matter of law under Gov. Code § 66314(c).

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READING
11/03/2025
Ordinance No. 25–1014 Page 2 of 10
SECTION 4. Code Amendment. Title 11 Section 11.23 of the Montclair Municipal Code is hereby amended and restated to read in its entirety as provided in “Exhibit A,” attached hereto and incorporated herein by reference.

SECTION 5. Effective Date. This Ordinance takes effect 30 days after its adoption.

SECTION 6. HCD Submittal. In accordance with Gov. Code § 66326, the City Clerk is directed to submit a copy of this Ordinance to the California Department of Housing and Community Development within 60 days after adoption.

SECTION 7. Publication. The City Clerk is directed to certify to the adoption of this Ordinance and post or publish this Ordinance as required by law.

SECTION 8. Custodian of Records. The custodian of records for this Ordinance is the City Clerk and the records comprising the administrative record are located at 5111 Benito Street.

SECTION 9. Severability. If any provision of this Ordinance or its application to any person or circumstance is held to be invalid by a court of competent jurisdiction, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof.

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 the foregoing is a true and correct copy of Ordinance No. 25–1014 of said City, which was introduced at a regular meeting of the City Council held on the XX day of XX, 2025, and finally passed not less than five (5) days thereafter on the XX day of XX, 2025, by the following vote, to–wit:

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

Andrea M. Myrick
City Clerk

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READING
11/03/2025

EXHIBIT A
Ordinance No. 25–1014 Page 3 of 10

MONTCLAIR MUNICIPAL CODE AMENDMENTS

RELATED TO ADUS AND JADUS
Title 11 – ZONING AND DEVELOPMENT
Chapter 11.23 – ACCESSORY DWELLING UNITS

11.23.010 — Purpose.

The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Chapter 13 of Division 1 of Title 7 of the California Government Code.

11.23.020 — Effect of Conforming.

An ADU or JADU that conforms to the standards in this section will not be:

A. Deemed to be inconsistent with the city’s general plan and zoning designation for the lot on which the ADU or JADU is located.

B. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.

C. Considered in the application of any local ordinance, policy, or program to limit residential growth.

D. Required to correct a nonconforming zoning condition, as defined in subsection

11.23.030(H) below. This does not prevent the city from enforcing compliance with applicable building standards in accordance with Health and Safety Code § 17980.12.

11.23.030 — Definitions.

As used in this section, terms are defined as follows:

A. “Accessory dwelling unit” or “ADU” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:

1. An efficiency unit, as defined by section 17958.1 of the California Health and Safety Code; and

2. A manufactured home, as defined by section 18007 of the California Health and Safety Code.

B. “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.

C. “Complete independent living facilities” means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single–family or multifamily dwelling is or will be situated.

D. “Efficiency kitchen” means a kitchen that includes all of the following:

1. A cooking facility with appliances.

2. A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.

E. “Junior accessory dwelling unit” or “JADU” means a residential unit that satisfies all of the following:

1. It is no more than 500 square feet in size.

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READING
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EXHIBIT A
Ordinance No. 25–1014 Page 4 of 10

2. It is contained entirely within an existing or proposed single–family structure.

An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single–family structure.

3. It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single–family structure.

4. If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single– family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.

5. It includes an efficiency kitchen, as defined in subsection 11.23.030(D).

F. “Livable space” means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.

G. “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

H. “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.

I. “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.

J. “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

K. “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

L. “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

11.23.040 — Approvals.

The following approvals apply to ADUs and JADUs under this section:

A. Building–permit only. If an ADU or JADU complies with each of the general requirements in section 11.23.040 below, it is allowed with only a building permit in the following scenarios:

1. Converted on Single–family Lot: One ADU as described in this subsection and one JADU on a lot with a proposed or existing single–family dwelling on it, where the ADU or JADU:
a. Is either: within the space of a proposed single–family dwelling; within the existing space of an existing single–family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and
b. Has exterior access that is independent of that for the single– family dwelling; and
c. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
d. The JADU complies with the requirements of Gov. Code §§ 66333 through 66339.

2. Limited Detached on Single–family Lot: One detached, new–construction ADU on a lot with a proposed or existing single–family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection

11.23.040(A)(1) above), if the detached ADU satisfies each of the following limitations:

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READING
11/03/2025

EXHIBIT A
Ordinance No. 25–1014 Page 5 of 10
a. The side– and rear–yard setbacks are at least four feet. b. The total floor area is 800 square feet or smaller.
c. The peak height above grade does not exceed the applicable height limit in subsection 11.23.040(A)(4)(b) below.

3. Converted on Multifamily Lot: One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this section 11.23.040, at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units.

4. Limited Detached on Multifamily Lot: No more than two detached ADUs on a lot with a proposed multifamily dwelling, or up to eight detached ADUs on a lot with an existing multifamily dwelling, if each detached ADU satisfies all of the following:
a. The side– and rear–yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU.
b. The peak height above grade does not exceed the applicable height limit provided in subsection 11.23.050(B) below.
c. If the lot has an existing multifamily dwelling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot.

B. ADU Permit.

1. Except as allowed under subsection 11.23.040(A) above, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in sections 11.23.50 and 11.23.060 below.

2. The city may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the city’s ADU ordinance. The ADU–permit processing fee is determined by the Director of Community Development and approved by the City Council by resolution.

C. Process and Timing.

1. An ADU permit is considered and approved ministerially, without discretionary review or a hearing.

2. The city must approve or deny an application to create an ADU or JADU within 60 days from the date that the city receives a completed application. If the city has not approved or denied the completed application within 60 days, the application is deemed approved unless either:
a. The applicant requests a delay, in which case the 60–day time period is tolled for the period of the requested delay, or
b. When an application to create an ADU or JADU is submitted with a permit application to create a new single–family or multifamily dwelling on the lot, the city may delay acting on the permit application for the ADU or JADU until the city acts on the permit application to create the new single– family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.

3. If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60– day time period established by subsection 11.23.040(C)(2) above.

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READING
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EXHIBIT A
Ordinance No. 25–1014 Page 6 of 10

4. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.

11.23.050 — General ADU and JADU Requirements.

The following requirements apply to all ADUs and JADUs that are approved under subsections 11.23.040(A) or 11.24.030(B) above:

A. Zoning.

1. An ADU subject only to a building permit under subsection 11.23.040(A) above may be created on a lot in a residential or mixed–use zone.

2. An ADU subject to an ADU permit under subsection 11.23.040(B) above may be created on a lot that is zoned to allow single–family dwelling residential use or multifamily dwelling residential use.

3. In accordance with Government Code § 66333(a), a JADU may only be created on a lot zoned for single–family residences.

B. Height.

1. Except as otherwise provided by subsections 11.23.050(B)(2) and

11.23.050(B)(3) below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed 16 feet in height.

A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one–half mile walking distance of a major transit stop or high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

2. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.

3. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection (B)(3) may not exceed two stories.

4. For purposes of this subsection 11.23.050(B), height is measured from existing legal grade or the level of the lowest floor, whichever is lower, to the peak of the structure.

C. Fire Sprinklers.

1. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.

2. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

D. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days.

This prohibition applies regardless of when the ADU or JADU was created.

E. No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Gov. Code § 66341, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single– family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).

MONTCLAIR CITY COUNCIL MEETING – 11/03/2025 Page 12 of 109 FIRST

READING
11/03/2025

EXHIBIT A
Ordinance No. 25–1014 Page 7 of 10
F. Septic System. If the ADU or JADU will connect to an onsite wastewater– treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.

G. Owner Occupancy.

1. ADUs created under this section on or after January 1, 2020 are not subject to an owner–occupancy requirement.

2. As required by state law, all JADUs are subject to an owner– occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person’s legal domicile and permanent residence. However, the owner–occupancy requirement in this subsection 11.23.050(G) does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.

H. Deed Restriction. Prior to issuance of a certificate of occupancy for an JADU, a deed restriction must be recorded against the title of the property in the County Recorder’s office and a copy filed with the Director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide that:

1. The JADU may not be sold separately from the primary dwelling.

2. The JADU is restricted to the approved size and to other attributes allowed by this section.

3. The deed restriction runs with the land and may be enforced against future property owners.

4. The deed restriction may be removed if the owner eliminates the JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the JADU has been eliminated. Appeal may be taken from the Director’s determination consistent with other provisions of this Code. If the JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.

5. The deed restriction is enforceable by the director or his or her designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the JADU in violation of the recorded restrictions or abatement of the illegal unit.

I. Building & Safety.

1. Must comply with building code. Subject to subsection 11.23.050(I)(2) below, all ADUs and JADUs must comply with all local building code requirements.

2. No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or Code Enforcement Division officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection

11.23.050(I)(2) prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.

MONTCLAIR CITY COUNCIL MEETING – 11/03/2025 Page 13 of 109 FIRST

READING
11/03/2025

EXHIBIT A
Ordinance No. 25–1014 Page 8 of 10

11.23.060 — Specific ADU Requirements.

The following requirements apply only to ADUs that require an ADU permit under section

11.23.040.

A. Maximum Size.

1. The maximum size of a detached or attached ADU subject to this subsection

11.23.060(A) is 850 square feet for a studio or one–bedroom unit and 1,000 square feet for a unit with two or more bedrooms.

2. An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling.

3. Application of other development standards in this section 11.23.060, such as lot coverage, might further limit the size of the ADU, but no application of the percent–based size limit in subparagraph (A)(2) above, front setback, lot coverage limit, or open–space requirement may require the ADU to be less than 800 square feet.

B. Setbacks.

1. ADUs that are subject to this subsection 11.23.060(B) must conform to 4–foot side and rear setbacks. ADUs that are subject to this subsection

11.23.060(B) must conform to 25–foot front setbacks.

2. No setback is required for an ADU that is subject to this subsection

11.23.060(B) if the ADU is constructed in the same location and to the same dimensions as an existing structure.

C. Lot Coverage. No ADU subject to this subsection 11.23.060(B) may cause the total lot coverage of the lot to exceed 35 percent, subject to subsection

11.23.060(A)(3) above.

D. Minimum Open Space. No ADU subject to this subsection 11.23.060(B) may cause the total percentage of open space of the lot to fall below 50 percent, subject to subsection 11.23.060(A)(3) above.

E. Passageway. No passageway, as defined by subsection 11.23.030(I) above, is required for an ADU.

F. Parking.

1. Generally. One off–street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by subsection 11.23.030(L) above.

2. Exceptions. No parking under subsection 11.23.060(F)(1) is required in the following situations:
a. The ADU is located within one–half mile walking distance of public transit, as defined in subsection 11.23.030(K) .
b. The ADU is located within an architecturally and historically significant historic district.
c. The ADU is part of the proposed or existing primary residence or an accessory structure under subsection 11.23.060(A).
d. When on–street parking permits are required but not offered to the occupant of the ADU.
e. When there is an established car share vehicle stop located within one block of the ADU.

MONTCLAIR CITY COUNCIL MEETING – 11/03/2025 Page 14 of 109 FIRST

READING
11/03/2025

EXHIBIT A
Ordinance No. 25–1014 Page 9 of 10
f. When the permit application to create an ADU is submitted with an application to create a new single–family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections 11.23.060(F)(2)(a) through (e) .

3. No Replacement. When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off–street parking spaces are not required to be replaced.

G. Architectural Requirements.

1. The materials and colors of the exterior walls, roof, and windows and doors must be the same as those of the primary dwelling.

2. The roof slope of the ADU must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.

3. Exterior lighting must be limited to down–lights or as otherwise required by the building or fire code.

4. The ADU must have an independent exterior entrance, apart from that of the primary dwelling.

5. The interior horizontal dimensions of an ADU must be at least 10 feet wide in every direction, with a minimum interior wall height of seven feet.

6. Habitable rooms shall have a floor area of not less than 70 square feet with horizontal dimensions not less than 7 feet. Ceiling heights shall not be less than 7 feet with the exception of bathrooms and laundry rooms can have a ceiling height of 6’–3”.

7. No window or door of the ADU may have a direct line of sight to an adjoining residential property. Each window and door must either be located where there is no direct line of sight or screened using fencing, landscaping, or privacy glass to prevent a direct line of sight.

8. All windows and doors in an ADU less than 30 feet from a property line that is not a public right–of–way line must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.

H. Landscape Requirements. Evergreen landscape screening must be planted and maintained between the ADU and adjacent parcels as follows:

1. At least one 15–gallon size plant must be provided for every five linear feet of exterior ADU wall. Alternatively, at least one 24” box size plant must be provided for every ten linear feet of exterior ADU wall.

2. Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least six feet in height may be installed.

3. All landscaping must be drought–tolerant.

I. Historical Protections. An ADU that is on or within 600 feet of real property that is listed in the California Register of Historic Resources must be located so as to not be visible from any public right–of–way.

J. Allowed Stories. No ADU subject to this section 11.23.060 may have more than one story, except that an ADU that is attached to the primary dwelling may have the stories allowed under subsection 11.23.060(A)(3) of this section 11.23.060.

11.23.070 — Fees.

The following requirements apply to all ADUs that are approved under subsections 11.23.040(A) or 11.23.040(B) above.

A. Impact Fees.

MONTCLAIR CITY COUNCIL MEETING – 11/03/2025 Page 15 of 109 FIRST

READING
11/03/2025

EXHIBIT A
Ordinance No. 25–1014 Page 10 of 10

1. No impact fee is required for an ADU that is less than 750 square feet in size.

For purposes of this subsection 11.23.070(A), “impact fee” means a “fee” under the Mitigation Fee Act (Gov. Code § 66000(b)) and a fee under the Quimby Act (Gov. Code § 66477). “Impact fee” here does not include any connection fee or capacity charge for water or sewer service.

2. Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (e.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.)
B. Utility Fees.

1. If an ADU is constructed with a new single–family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.

2. Except as described in subsection 11.23.070(B)(1), converted ADUs on a single– family lot that are created under subsection 11.23.070(A)(1) above are not required to have a new or separate utility connection directly between the ADU and the utility. Nor is a connection fee or capacity charge required.

3. Except as described in subsection 11.23.070(B)(1), all ADUs that are not covered by subsection 11.23.070(B)(2) require a new, separate utility connection directly between the ADU and the utility for any utility that is provided by the city. All utilities that are not provided by the city are subject to the connection and fee requirements of the utility provider. a. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage–fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system. b. The portion of the fee or charge that is charged by the city may not exceed the reasonable cost of providing this service.

11.23.080 — Nonconforming Zoning Code conditions, Building Code violations, and unpermitted structures.

A. Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.

B. Unpermitted ADUs and JADUs constructed before 2020.

1. Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if denial is based on either of the following grounds:
a. The ADU or JADU violates applicable building standards, or b. The ADU or JADU does not comply with state ADU or JADU law or this ADU ordinance (Chapter 11.23).

2. Exceptions:
a. Notwithstanding subsection 11.23.080(A) above, the city may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the city makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code § 17920.3.
b. Subsection 11.23.080(A) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code § 17920.3.

MONTCLAIR CITY COUNCIL MEETING – 11/03/2025 Page 16 of 109

CITY COUNCIL

AGENDA REPORT
DATE: NOVEMBER 3, 2025
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 1
FILE I.D.: FIN540
DEPT.: FINANCE
PREPARER: A. VONG/V. FLORES
SUBJECT: CONSIDER APPROVAL AND RATIFICATION OF WARRANT REGISTER AND PAYROLL

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

BACKGROUND: Mayor Pro Tem Martinez examined the Warrant Register dated October 20, 2025, and the Payroll Documentation dated October 5, 2025, and recommended their approval.

FISCAL IMPACT: The City Manager authorized the Warrant Register dated October 20, 2025, which totals $1,967,403.98.

The Payroll Documentation dated October 5, 2025, totals $938,514.40 gross, with $647,829.76 net being the total cash disbursement.

RECOMMENDATION: Staff recommends the City Council approve and ratify the above– referenced Warrant Register and Payroll Documentation.

MONTCLAIR CITY COUNCIL MEETING – 11/03/2025 Page 17 of 109

CITY COUNCIL

AGENDA REPORT
DATE: NOVEMBER 3, 2025
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 1
FILE I.D.: STA860
DEPT.: PUBLIC WORKS
PREPARER: C. STEVENSON
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 25–64, AMENDMENT NO. 1 TO AGREEMENT NO. 24–84 WITH TKE ENGINEERING, INC. FOR ENGINEERING DESIGN SERVICES

FOR THE MONTCLAIR SAFE ROUTES TO SCHOOL (SRTS) IMPLEMENTATION PROJECT

FOR SAFETY IMPROVEMENTS NEAR MONTCLAIR HIGH, MONTE VISTA ELEMENTARY,

AND MONTERRA ELEMENTARY SCHOOLS, SUBJECT TO ANY REVISIONS DEEMED

NECESSARY BY THE CITY ATTORNEY
CONSIDER AUTHORIZING A $92,329 APPROPRIATION FROM 2021 LEASE REVENUE BOND FUNDS FOR COSTS RELATED TO AGREEMENT NO. 25–64, WITH $76,000 TO BE REIMBURSED BY ACTIVE TRANSPORTATION PROGRAM CYCLE 6 GRANT FUNDS CONSIDER AUTHORIZING AN ADDITIONAL $4,580 CONTINGENCY FOR THE

MONTCLAIR SRTS IMPLEMENTATION PROJECT
REASON FOR CONSIDERATION: Amendments to Council–approved agreements for professional services with the City require City Council approval. The City Council is requested to consider approval of Agreement No. 25–64, Amendment No. 1 to Agreement No. 24–84 with TKE Engineering, Inc. (TKE Engineering) for design services for the Montclair Safe Routes to School (SRTS) Implementation Project for safety improvements near Montclair High, Monte Vista Elementary, and Monterra Elementary Schools.

The City Council is also requested to consider authorizing a $92,329 appropriation from 2021 Lease Revenue Bond funds for costs related to Agreement No. 25–64, with $76,000 to be reimbursed by the Active Transportation Program (ATP) Cycle 6 grant, and to consider authorizing an additional $4,580 contingency for the Montclair SRTS Implementation Project.

A copy of proposed Agreement No. 25–64, Amendment No. 1 to Agreement No. 24–84 with TKE Engineering is attached for City Council’s review and consideration.

BACKGROUND: On November 4, 2024, the City Council approved Agreement No. 24–84 with TKE Engineering to prepare plans and specifications for improvements within the existing street right at various sites throughout the City. The general scope of the Montclair SRTS Implementation Project includes the design and construction of new and enhanced sidewalk segments, new and upgraded Americans with Disability (ADA) access ramps, enhanced pedestrian crosswalk striping and signage, street lighting, and bike lane modifications near three schools and adjacent neighborhoods.

The California Transportation Commission approved an Active Transportation Program (ATP) Cycle 6 grant in the amount of $5,180,000 to fund the Montclair SRTS Implementation Project. A requirement of the grant is to provide public outreach and community engagement (non–infrastructure scope) to build awareness, gather stakeholder input, and promote active transportation, especially among school–aged children and their families.

MONTCLAIR CITY COUNCIL MEETING – 11/03/2025 Page 18 of 109 ATP Cycle 6 grant funding has allocated $76,000 to this non–infrastructure scope. City staff requested TKE Engineering to submit a change order to the scope for this additional public outreach and community engagement, as it was not included in the original agreement. City staff believes that TKE Engineering is well equipped to provide community awareness, gather stakeholder input, and promote active transportation, given their current involvement preparing the Montclair SRTS Implementation Project’s plans and specifications.

Staff is requesting a $92,329 appropriation to cover the additional non–infrastructure services needed to comply with the ATP Cycle 6 grant. Grant funding will reimburse $76,000 of this scope once the work is completed.

Additionally, staff is requesting increasing the Montclair SRTS Implementation Project contingency by $4,580 to cover supplies or materials required for this scope of work, including flyers, promotional materials, events and other aspects of the public outreach campaign.

FISCAL IMPACT: Agreement No. 24–84 was approved for the amount of $459,580. Staff is requesting an additional $92,329 appropriation from 2021 Lease Revenue Bond funds, increasing TKE Engineering’s budget to $559,909 for the Montclair SRTS Implementation Project. Staff is also requesting an additional $4,580 appropriation as a contingency for supplies and materials for the public outreach campaign. ATP Cycle 6 grant funds will reimburse a total of $76,000 for this scope of work.

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

1. Approve Agreement No. 25–64, Amendment No. 1 to Agreement No. 24–84 with TKE Engineering for engineering design services for the Montclair SRTS Implementation Project for safety improvements near Montclair High, Monte Vista Elementary, and Monterra Elementary schools, subject to any revisions deemed necessary by the City Attorney;

2. Authorize a $92,329 appropriation from 2021 Lease Revenue Bond funds for costs related to Agreement No. 25–64, with $76,000 to be reimbursed by ATP Cycle 6 grant funds; and

3. Authorize an additional $4,580 contingency for the Montclair SRTS Implementation Project.

MONTCLAIR CITY COUNCIL MEETING – 11/03/2025 Page 19 of 109 Project Name:

Project Details:

Project No. (Assigned by Finance):

Phase Prior Years 2021/2022 2022/2023 2023/2024 2024/2025 2025/2026 Total Fund/Program Environmental
Design 634,000.00 92,329.00 726,329.00 2021 LR Bonds
Construction 5,701,000.00 5,701,000.00 ATP Cycle 6
Total 0.00 0.00 0.00 634,000.00 0.00 5,793,329.00 6,427,329.00 Approvals:

Department: By: Date:

Finance By: Date:

City Council Date:

Total Project
Cost: 6,427,329.00
Revision Number:

Montclair SRTS Implemetation Project
Fiscal Years
Preparation Date: October 20, 2025 Department: Public Works Contact/Ext.: Christian Stevenson, x-444
November 3, 2025
Infrastructure Fund
Capital Project Funding Information
Improvements include new & enhanced sidewalk segments, new and upgraded Americans with Disabilities Act (ADA) access ramps, enhanced pedestrian crosswalks, striping and signage, street lighting, bike lane modifcations near Montclair High, Monte Vista and Monterra Elementary.

MONTCLAIR CITY COUNCIL MEETING – 11/03/2025 Page 20 of 109 September 3, 2025
Rosemary Hoerning, P.E., P.L.S., M.P.A.

CITY OF MONTCLAIR
5111 Benito Street
Montclair, California 91763
Subject: Safe Routes to School Implementation Project – Non-Infrastructure Scope of Work
Dear Ms. Hoerning,
Thank you for the opportunity to provide public outreach services for the Montclair Safe Routes to School Project. The outreach strategy for the Montclair Safe Routes to School (SRTS) Initiative will focus on meaningful community engagement to promote safe walking and biking routes to and from three local public schools. The goal is to build awareness, gather stakeholder input, and promote active transportation, especially among school-age children and their families. Outreach will be aligned with the City’s Complete Streets vision and Zero Injuries goal and will closely coordinate with the City’s ongoing infrastructure improvements.

SCOPE OF WORK
TKE’s additional scope of services is presented in the following paragraphs:

Task 1. Project Coordination & Management
TKE and Arellano Associates (AA), will support the TKE team’s project management functions by participating in regularly scheduled project development and implementation meetings on an as-needed basis.

Deliverables: Attendance monthly virtual project meetings (up to 18-1 hour or 36-half hour), Monthly progress reports
Task 2. Public Engagement Plan & Stakeholder Database
Public Engagement Plan - A comprehensive and flexible Public Engagement Plan (PEP) will be developed to identify and describe all outreach notification tactics, essential collateral materials, engagement activities, and the timing and format of all community events. The PEP will remain flexible to accommodate the evolving needs of the project.

A stakeholder database will be developed using existing City contacts lists, and additional stakeholder analysis to ensure critical stakeholders in the project area are engaged. The database will be used to facilitate email communications including project updates, event notification and materials, and other relevant information. The MONTCLAIR CITY COUNCIL MEETING – 11/03/2025 Page 21 of 109 Ms. Rosemary Hoerning, P.E., P.L.S., M.P.A., City of Montclair Safe Routes to School Implementation Project – Non-Infrastructure Scope of Work September 3, 2025 Page 2 of 3
database will be maintained throughout the project and delivered as a final resource at the conclusion of the project.

Deliverables: Draft and final Public Engagement Plan, Stakeholder database Task 3. Community Engagement Events
TKE and AA will host a series of community events focused on education and encouragement activities that promote safe walking and biking to three partner schools. AA will provide a summary for each of the events listed below that describes the activities, attendance, and outcomes. It will provide links to digital photos and videos from the events.

3.1 School Assemblies (3) – TKE and AA will organize in-school assemblies at each of the three participating schools, adapting existing bike safety curriculum to fit ageappropriate learning for elementary and high school students. Presentations will include visual aids including videos and interactive elements to reinforce key safety concepts and incentives to encourage participation and retention of information.

3.2 Bike Rodeos (3) - Our team will coordinate and lead Bike Rodeos at each participating school, working closely with Walk n’ Rollers to implement their proven bicycle safety curriculum and hands-on engagement model. These events will provide students with hands-on experience in essential bike safety skills through structured activity stations, including helmet fitting, basic bike maintenance, safe maneuvering, and navigating common traffic scenarios. By combining our project management and community engagement expertise with Walk n’ Rollers’ technical instruction, the Bike Rodeos will create an interactive, supportive environment that builds student confidence and reinforces safe riding habits.

3.3 Mock City Safety Skills Events (3) - Our team will organize Mock City Safety Skills events that simulate real-world traffic conditions in a controlled environment.

Working with Walk n’ Rollers, we will set up a temporary “mini city” with streets, intersections, crosswalks, and signage to help students practice walking and biking safely in scenarios that mirror their daily school routes. Unlike the Bike Rodeos, which focus on individual bike handling skills, these events emphasize situational awareness, decision-making, and safe interactions between bicyclists, pedestrians, and drivers. The goal is to prepare students for real-world conditions by giving them the confidence to apply safety skills in a realistic but low-risk setting.

3.4 Encouragement Days (3) - Our team will support one Walk/Bike to School Day at each participating school by providing outreach and resources to encourage participation. We will supply teachers and school staff with a toolkit that includes promotional materials, classroom resources, and collateral designed to engage students and build excitement. While the schools will lead their own initiatives, our role will focus on equipping them with the tools and guidance needed to maximize student involvement and visibility for the program.

3.5 Crosswalk Demonstration Art Projects (3) - Our team will coordinate temporary crosswalk demonstration projects at or near each school using SCAG’s Go Human kit of parts. These demonstrations will showcase potential safety improvements such as high-visibility crosswalks and curb extensions in a way that is MONTCLAIR CITY COUNCIL MEETING – 11/03/2025 Page 22 of 109 Ms. Rosemary Hoerning, P.E., P.L.S., M.P.A., City of Montclair Safe Routes to School Implementation Project – Non-Infrastructure Scope of Work September 3, 2025 Page 3 of 3
interactive and engaging for students and families. To further activate the space, we will incorporate simple art elements—such as student-designed chalk or paint treatments—that make the crosswalks more visible and foster a sense of ownership and pride among participants. These temporary installations will help the school community experience how design and creativity can work together to improve safety.

3.6 Outreach Communications - Our outreach strategy will center on schools as the primary conduit to students and families, with additional support from key community partners. The Local Public Health Department, Law Enforcement, and Public Works will be invited to help promote events, contribute to safety education, and provide resources such as helmets or other materials. These partners, along with the schools and school districts, may also participate in staffing events, supporting curriculum development, and reinforcing safety messages. To reach the broader community, we will complement school-based communications with flyers, posters, banners displayed at schools and nearby businesses, and targeted paid social media advertising. Together, these coordinated efforts will maximize visibility and participation.

Deliverables: Lead content, planning, logistics, and facilitation for three (3) School Assemblies, Lead planning and logistics for three (3) Bike Rodeos, Lead planning and logistics for three (3) Mock City Safety Skills events, Lead planning and logistics for three (3) Encouragement Days, Lead planning and logistics for three (3) Crosswalk Demonstration Art Projects, Outreach communications to promote all events (15), Summary for each event (15) FEE
TKE’s fee to provide the extra work scope of services described above is $92,329 and is shown on the attached fee table breakdown. Therefore, TKE is requesting to adjust our original budget of $459,580 to $551,909. TKE will invoice monthly in accordance with our rate schedule and will not exceed our fee without prior approval from the City.

Again, thank you for the opportunity to submit our proposal to provide professional consulting services. If you have any questions, please contact me at (951) 680- 0440.

Sincerely,
Terry Renner, P.E., P.L.S., Q.S.D.

Senior Vice President
TKE Engineering, Inc.

MONTCLAIR CITY COUNCIL MEETING – 11/03/2025 Page 23 of 109

LABOR COSTS TOTAL
*Rate: 200.59 $ 129.33 $ 110.85 $ 155.72 $ 97.66 $ 73.90 $ Task No. Task Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost 1 Project Coordination & Management 9 1,805.31 $ 18 2,328 $ - $ - - $ - - $ - - $ 27 4,133.25 $ 2 Public Engagement Plan and Stakeholder Database 4 802.36 $ 10 1,293 $ 10 1,109 $ - - $ - - $ 20 1,478 $ 44 4,682.16 $ 3 Community Events

3.1 School Assemblies (3) 9 1,805.31 $ - - $ 18 1,995 $ - - $ - - $ 20 1,478 $ 47 5,278.61 $

3.2 Bike Rodeos (3) 12 2,407.08 $ 25 3,233 $ - - $ - - $ - - $ 50 3,695 $ 87 9,335.33 $

3.3 Mock City Safety Skills Event (3) 12 2,407.08 $ - $ 25 2,771 $ - - $ - - $ 50 3,695 $ 87 8,873.33 $

3.4 Encouragement Days (3) 6 1,203.54 $ 9 1,164 $ - - $ - - $ - - $ 20 1,478 $ 35 3,845.51 $

3.5 Crosswalk Demonstration Art Projects (3) 18 3,610.62 $ 6 776 $ 40 4,434 $ - - $ - - $ 88 6,503 $ 152 15,323.80 $

3.6 Outreach Communications 10 2,005.90 $ 20 2,587 $ 20 2,217 $ 15 2,336 $ - - $ 80 5,912 $ 145 15,057.30 $ LABOR SUBTOTAL 80 16,047.20 $ 88 11,381 $ 113 12,526 $ 15 2,336 $ - - $ 328 24,239 $ 624 66,529.29 $

ESTIMATED DIRECT COSTS
Mileage/Parking 1,700.00 $
Outreach Supplies/Incentives/Prizes 6,800.00 $
Spanish Translations 3,000.00 $
CBO Stipend 12,400.00 $
Paid Advertising 1,900.00 $
25,800.00 $
92,329.00 $
* Fully Burdened rate is inclusive of 139.94% overhead and 10% fee Kyle Santiago Keven Michel

DIRECT COSTS

TOTAL PROPOSED BUDGET
Montclair Safe Routes to Schools Implementation Project Public Outreach
City of Montclair
ATPL - 5326(025) ATP Cycle 6
Assistant Project Coordinator Project Manager Deputy Project Manager Senior Project Coordinator Creative Lead Tech Coordinator Fee Schedule Breakdown - Public Outreach
Jessica Harleaux Jennifer Velazquez Rachael Potts

MONTCLAIR CITY COUNCIL MEETING – 11/03/2025 Page 24 of 109

November 2025
Agreement No. 25-64
City of Montclair Professional Services Agreement
AMENDMENT NO. 1 TO AGREEMENT NO. 24-84
Safe Routes to School Implementation Project (ATP Cycle 6) ATPL–5326(025)
WHEREAS, the City of Montclair (CITY) and TKE Engineering, Inc. (CONSULTANT) previously entered into Agreement No. 24-84 (hereinafter referred to as “the AGREEMENT”), for design services associated with the Safe Routes to School Implementation Project ATP Cycle 6 ATPL–5326(025) (“PROJECT”); and,
WHEREAS, PROJECT design is approximately 60 percent complete; and, WHEREAS, the AGREEMENT requires additional non–infrastructure services necessary to adhere to grant requirements of the PROJECT.

NOW, THEREFORE, in consideration of the mutual covenants and conditions provided herein, CITY and CONSULTANT hereto agree to Amend Agreement No. 24-84 as follows:

1. Section 5. (C) ALLOWABLE COSTS AND PAYMENTS – replace four hundred fifty nine thousand five hundred eighty dollars ($459,580) with five hundred fifty one thousand nine hundred nine dollars ($551,909).

2. See Attached Proposal for additional Non–Infrastructure Services dated September 3, 2025.

Except as amended by this Amendment No. 1, all other terms and conditions of Agreement 24–84 shall remain the same.

This Amendment No. 1 to the AGREEMENT, Agreement No. 24–84, is effective on the date it is approved and signed by CITY and CONSULTANT.

CITY: City of Montclair CONSULTANT: TKE Engineering, Inc.

By:

John “Javier” Dutrey, Mayor
By:

Michael P. Thornton, President
Attest:

By:

Andrea M. Myrick, City Clerk
By:

Terry Renner, Senior Vice President
Approved as to Form:

By:

Diane E. Robbins, City Attorney
MONTCLAIR CITY COUNCIL MEETING – 11/03/2025 Page 25 of 109

CITY COUNCIL

AGENDA REPORT
DATE: NOVEMBER 3, 2025
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 2
FILE I.D.: GRF050
DEPT.: POLICE
PREPARER: M. BUTLER
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 25–72 WITH GRAFFITI TRACKER INC. FOR

CONTINUED USE OF ITS DATABASE TO TRACK AND ANALYZE GRAFFITI FOR THE

POLICE DEPARTMENT, SUBJECT TO ANY REVISIONS DEEMED NECESSARY BY THE

CITY ATTORNEY
CONSIDER AUTHORIZING A $3,300 APPROPRIATION FROM THE PROP 30/AB 109 FUND FOR COSTS ASSOCIATED WITH AGREEMENT NO. 25–72
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 25–72 with Graffiti Tracker Inc. for continued use of its database through 2026 to track and analyze graffiti and to authorize a $3,300 appropriation from the Prop 30/AB 109 Fund to pay the costs associated with the Agreement.

A copy of proposed Agreement No. 25–72 is attached for the City Council’s review and consideration.

BACKGROUND: Graffiti has long been one of the most common urban problems threatening the vitality and beauty of cities across the country and continues to be a major concern for the City of Montclair.

Since 2007, Graffiti Tracker Inc. has provided City personnel with the tools needed to reduce graffiti vandalism. The company assisted the City in implementing a graffiti protocol that continues to provide a graffiti database, analyses, and tracking to reduce graffiti vandalism further. Graffiti Tracker utilizes cameras equipped with Global Positioning System technology. The City’s graffiti abatement crews take photographs of graffiti, which they submit to Graffiti Tracker, where they are analyzed and categorized for reference. The result of the analysis is then stored in a web–based graffiti tracking system. City personnel is permitted unlimited searches of the organized database to determine patterns of graffiti incidents, such as most active vandals and gangs, rising tension between rival gangs, and frequently hit areas or “hot spots.” Since the program is web–based, there is no need for software installation or restrictions on the number of system users.

FISCAL IMPACT: If authorized by the City Council, funding for Agreement No. 25–72 would result in an appropriation and expenditure from the Prop 30/AB 109 Fund (1141) in the amount of $3,300.

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

1. Approve Agreement No. 25–72 with Graffiti Tracker Inc. for continued use of its database to track and analyze graffiti for the Police Department, subject to any revisions deemed necessary by the City Attorney; and

2. Authorize a $3,300 appropriation from the Prop 30/AB 109 Fund for costs associated with Agreement No. 25–72.

MONTCLAIR CITY COUNCIL MEETING – 11/03/2025 Page 26 of 109

PROFESSIONAL SERVICES AGREEMENT
(City of Montclair and Graffiti Tracker Inc.)
THIS PROFESSIONAL SERVICES AGREEMENT is made as of January 1, 2026 by and between the City of Montclair, (“Agency”), and Graffiti Tracker Inc. (“Contractor”).

RECITALS

1. Agency has determined that it requires professional services from a Contractor to provide graffiti analysis and tracking services for the Agency.

2. Agency desires to retain Contractor, as an independent contractor to provide such services on an as needed basis.

3. Contractor represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

NOW, THEREFORE, in consideration of performance by the parties of the promises, covenants, and conditions herein contained, the parties hereto agree as follows:

1. Contractor’s Services.
a. Scope and Level of Services. The nature, scope, and level of the specific services to be performed by Contractor are as set forth in Exhibit A, attached to this Agreement and incorporated herein as though set forth in full. Agency is retaining Contractor pursuant to this Agreement on a non-exclusive basis and reserves the right to retain other professionals to perform similar service if Agency determines such services are needed.
b. Time of Performance. The services shall be performed in a timely manner and on a regular basis in accordance with the written instruction of the Contract Administrator. Time is of the essence in the performance of this Agreement.

2. Standard of Care. As a material inducement to Agency to enter into this Agreement, Contractor hereby represents and warrants that it has the professional expertise and experience necessary to undertake the services to be provided herein.

3. Compliance with Law. All services rendered hereunder by Contractor shall be provided 1 Agreement No. 25–72
MONTCLAIR CITY COUNCIL MEETING – 11/03/2025 Page 27 of 109 in accordance with all ordinances, resolutions, statutes, rules, and regulations of Agency and any federal, state or local governmental agency having jurisdiction in effect at the time service is rendered.

4. Term of Agreement. This Agreement is effective on the date set forth in the initial paragraph of this Agreement and shall remain in effect for a period of 12 months, unless earlier terminated pursuant to Section 14.

5. Compensation. Agency agrees to compensate Contractor for its services according to the fee and payment schedule set forth in Exhibit B, attached hereto and incorporated herein as though set forth in full. In no event shall the total compensation and costs payable to Contractor under this Agreement exceed the sum of three thousand three hundred ($3,300.00) unless specifically approved by the City Council. Agency agrees that services may not begin until first payment is received.

6. Ownership of Work Product. All reports, documents or other written material developed by Contractor in the performance of this Agreement shall be and remain the property of Agency without restriction or limitation upon its use or dissemination by Agency.

7. Representatives.
a. Project Manager. The Project Manager for the services required under this Agreement is hereby designated as Timothy M. Kephart who shall be the representative of Contractor authorized to act in its behalf with respect to the services specified herein. It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Project Manager were a substantial inducement for Agency to enter into this Agreement. Therefore, the foregoing Project Manager shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. Contractor may not change the foregoing Project Manager without the express written approval of Agency. b. Contract Administrator. The Contract Administrator and Agency’s representative shall be the Chief of Police, or in his/her absence, an individual designated in writing by the Contract Administrator. It shall be Contractor’s responsibility to assure that the Contract Administrator is kept informed of the progress of the performance of the services, and Contractor shall refer any decisions that must be made by Agency to the Contract Administrator. Unless otherwise specified herein, any approval of Agency required hereunder shall mean the approval of the Contract Administrator.
2 MONTCLAIR CITY COUNCIL MEETING – 11/03/2025 Page 28 of 109

8. Standard of Performance. Contractor shall perform all work to the highest professional standards and in a manner reasonably satisfactory to Agency. Contractor hereby covenants that it shall follow the highest professional standards in performing all services required hereunder.

9. Status as Independent Contractor. Contractor is, and shall at all times remain as to Agency, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of Agency or otherwise act on behalf of Agency as an agent. Neither Agency nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees, except as set forth in this Agreement.

Contractor shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner, employees of Agency. Contractor agrees to pay all required taxes on amounts paid to Contractor under this Agreement, and to indemnify and hold Agency harmless from any and all taxes, assessments, penalties, and interest asserted against Agency by reason of the independent contractor relationship created by this Agreement. Contractor shall fully comply with the workers’ compensation law regarding Contractor and Contractor’s employees. Contractor further agrees to indemnify and hold Agency harmless from any failure of Contractor to comply with applicable workers’ compensation laws. Agency shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to Agency from Contractor as a result of Contractor’s failure to promptly pay to Agency any reimbursement or indemnification arising under this section.

10. Confidentiality. Agency agrees not to use any intellectual property or information related to the Graffiti Tracker system for purposes of development or competition of another Graffiti Tracker system. Upon request, all Agency data shall be returned to Agency upon the termination of this Agreement. Contractor’s covenant under this section shall survive the termination of this Agreement.

11. Conflict of Interest. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Contractor under this Agreement, or which would conflict in any manner with the performance of its services hereunder.

12. Indemnification. Contractor agrees to indemnify, hold harmless and defend Agency and the Redevelopment Agency, and their respective officers, employees, volunteers, and agents serving as independent contractors in the role of Agency or Agency officials, (collectively, “Indemnities”), from any claim, demand, damage, liability, loss, cost or expense, for any damage whatsoever, including but not limited to death or injury to any person and injury to any property, resulting from willful misconduct, negligent acts, 3 MONTCLAIR CITY COUNCIL MEETING – 11/03/2025 Page 29 of 109 errors or omissions of Contractor or any of its officers, employees, or agents. a. Agency does not, and shall not, waive any rights that it may possess against Contractor because of the acceptance by Agency, or the deposit with Agency, of any insurance policy or certificate required pursuant to this Agreement. b. This hold harmless, indemnification and defense provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense. Contractor agrees that Contractor’s covenant under this section shall survive the termination of this Agreement.

13. Cooperation. In the event any claim or action is brought against Agency relating to Contractor’s performance or services rendered under this Agreement, Contractor shall render any reasonable assistance and cooperation that Agency might require.

14. Termination.
a. Agency shall have the right to terminate the services of Contractor at any time for any reason on sixty (60) calendar days written notice to Contractor. In the event this Agreement is terminated by Agency, Contractor shall be paid for services satisfactorily rendered to the last working day this Agreement is in effect, and Contractor shall have no other claim against Agency by reason of such termination, including any claim for compensation.
b. Contractor shall have the right to terminate this Agreement at any time for any reason on sixty (60) calendar days written notice to Agency, and Contractor shall be paid for services satisfactorily rendered to the last working day this Agreement is in effect.

15. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during receiving party’s regular business hours or by facsimile before or during receiving party’s regular business hours; or (b) on the second business day following deposit in the United States mail, postage prepaid, to the addresses heretofore below, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section.
4 MONTCLAIR CITY COUNCIL MEETING – 11/03/2025 Page 30 of 109 Agency:

Montclair Police Department
4870 Arrow Highway
Montclair, CA 91763
Contractor:

Graffiti Tracker Inc.
2916 S 132nd St #311
Omaha, NE 68144

16. Nondiscrimination and Equal Employment Opportunity. In the performance of this Agreement, Contractor shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation. Contractor will take affirmative action to ensure that employees are treated without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.

17. Assignability; Subcontracting. Contractor shall not assign, transfer, or subcontract any interest in this Agreement or the performance of any of Contractor’s obligations hereunder, without the prior written consent of Agency, and any attempt by Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be void and of no effect.

18. Compliance with Laws/Licenses. Contractor shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. Contractor shall obtain and maintain all necessary professional licenses for providing the services outlined in this Agreement.

19. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by Agency of any payment to Contractor constitute or be construed as a waiver by Agency of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by Agency shall in no way impair or prejudice any right or remedy available to Agency with regard to such breach or default. 5 MONTCLAIR CITY COUNCIL MEETING – 11/03/2025 Page 31 of 109

20. Attorney’s Fees. In the event that either party to this Agreement shall commence any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney’s fees. The venue for any litigation shall be San Bernardino County. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted this Agreement or who drafted that portion of the Agreement.

21. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provision of any Exhibit or document incorporated herein by reference, the provisions of this Agreement shall prevail.

22. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Agency and Contractor. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement.
6 MONTCLAIR CITY COUNCIL MEETING – 11/03/2025 Page 32 of 109 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
“Agency”
City of Montclair
By: ___________________________
Javier John Dutrey, Mayor
Diane E. Robbins, City Attorney
“Contractor”
By: _________________________
Timothy M. Kephart- President
By: _________________________
Faith Snider - Secretary
7 ATTEST:

By: _____________________________
Andrea M. Myrick, City Clerk
By: _____________________________
APPROVED AS TO FORM:

MONTCLAIR CITY COUNCIL MEETING – 11/03/2025 Page 33 of 109

EXHIBIT A

SCOPE OF SERVICES
Contractor shall perform the following services for the City of Montclair:

Responsibilities

1. Train designated personnel on how to use GPS cameras/ Phone App.

2. Establish graffiti tracking protocols.

3. Train personnel on how to upload graffiti data to the Graffiti Analysis Intelligence Tracking System (GAITS).

4. Provide access to GAITS to all designated personnel twenty-four hours a day, seven days a week until contract ends.

5. On a daily basis, graffiti data will be uploaded to the GAITS system from the City of Lancaster’s staff. Graffiti Tracker Inc. will be responsible for analyzing all of that data and making the results of that analysis available to the GAITS system.

6. Provide training to all designated personnel (Agency staff/law enforcement/District Attorney’s Office) on how to utilize the GAITS system.

This contract constitutes a lease for access to the Graffiti Analysis Intelligence Tracking System (GAITS). Permission from the Contract Administrator will be required for anyone to have access to this system. Upon permission being granted for access to the system, a username and password will be given to those individuals and they will be granted an “Operator” level access to the GAITS system. This lease will be in effect for the duration of the contract. 8 MONTCLAIR CITY COUNCIL MEETING – 11/03/2025 Page 34 of 109

EXHIBIT B

SCHEDULE OF FEES
Contractor will not be required to work on the following ten holidays:

1. January 1 (New Year’s Day)

2. The third Monday in January (Dr. Martin Luther King Jr. Day)

3. The third Monday in February (President’s Day)

4. March 31st (Cesar Chavez Day)

5. The last Monday in May (Memorial Day)

6. July 4 (Independence Day)

7. The first Monday in September (Labor Day)

8. November 11 (Veteran’s Day)

9. The fourth Thursday in November (Thanksgiving Day)

10. December 25 (Christmas Day)
The total contract amount for the twelve-month time period commencing January 1, 2026 and ending December 31, 2026 will be an amount not to exceed $3,300.00 based on an average of graffiti analyzed per month.

Effective upon the signing of this contract, an invoice for the amount of $3,300.00 will be submitted by the Contractor to the Contract Administrator. Payment should be processed and received no later than 30 calendar days from the date invoice was submitted.

It is recommended that each graffiti abatement crew be equipped with one (1) camera. Services will commence once the first invoice is paid.
9 MONTCLAIR CITY COUNCIL MEETING – 11/03/2025 Page 35 of 109

CITY COUNCIL

AGENDA REPORT
DATE: NOVEMBER 3, 2025
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 3
FILE I.D.: STA919A
DEPT.: PUBLIC WORKS
PREPARER: R. HOERNING
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 25–73, AMENDMENT NO. 1 TO AGREEMENT NO. 23–21 WITH AGA ENGINEERS, INC. FOR ENGINEERING TRAFFIC

SIGNAL UPGRADES AT FOUR INTERSECTIONS IN SUPPORT OF THE ARROW HIGHWAY

IMPROVEMENT PROJECT, SUBJECT TO ANY REVISIONS DEEMED NECESSARY BY THE

CITY ATTORNEY
CONSIDER APPROVAL OF AGREEMENT NO. 25–74, AMENDMENT NO.1 TO AGREEMENT NO. 23–30 WITH L.D. KING, INC. FOR ENGINEERING DESIGN SERVICES

FOR STREET, SEWER, AND STORM DRAIN IMPROVEMENTS FOR THE ARROW

HIGHWAY IMPROVEMENT PROJECT, SUBJECT TO ANY REVISIONS DEEMED

NECESSARY BY THE CITY ATTORNEY
CONSIDER AUTHORIZING A $40,000 APPROPRIATION FROM 2021 LEASE REVENUE BOND FUNDS FOR COSTS RELATED TO AGREEMENT NO. 25–74, AMENDMENT NO. 1 TO AGREEMENT NO. 23–30 WITH L.D. KING, INC.

REASON FOR CONSIDERATION: The City Council is requested to approve the following in relation to the Arrow Highway Improvement Project:
 Agreement No. 25–73, Amendment No. 1 to Agreement No. 23–21 with AGA Engineers, Inc. (AGA Engineers) for the preparation of plans and specifications related to the upgrade of four traffic signals; and
 Agreement No. 25–74, Amendment No. 1 to Agreement No. 23–30 with L.D.

King, Inc. (L.D. King) for the preparation of plans and specifications for street, sewer, storm drain, and traffic signal upgrade improvements.  A $40,000 appropriation from 2021 Leave Revenue Bond funds for costs related to the above–referenced agreements.

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

BACKGROUND: On April 3, 2023, the City Council approved Agreement No. 23–21 with AGA Engineers Inc. and Agreement No. 23–30 with L.D. King for upgrades to street, sewer, storm drain, and traffic signals along Arrow Highway from San Antonio Creek Channel to Central Avenue and on Fremont Avenue from Moreno Street to Arrow Highway. These improvements are part of the City’s Capital Improvement Plan.

The City Council is requested to consider approval Agreement No. 25–74 with L.D. King for an extension and adjustment in design services in the amount of $40,000 to provide for additional engineering and consulting services to complete plans for the Arrow Highway Improvement Project. A copy of the current Capital Project Funding Information is attached for reference.

Arrow Highway and Fremont Avenue are part of the North Montclair revitalization effort, which includes incorporating complete streets concepts and street beautification elements. The design project was partitioned into three phases to support and coordinate with adjacent development work, such as, the Village Partners development, utility projects, and to complement grant funding.

MONTCLAIR CITY COUNCIL MEETING – 11/03/2025 Page 36 of 109 These agreements will provide the necessary design of median and street improvements on Arrow Highway, sewer upgrades on Arrow Highway and Monte Vista Avenue, storm drain extensions on Fremont Avenue, and traffic signal upgrades at three intersections on Arrow Highway (Police Department, Monte Vista Avenue, Central Avenue) and at Moreno Street, and Fremont Avenue.

After the base plans were developed, landscape architecture professional services for the median and parking area planters were secured through a change order approved by the City Manager. Landscaping will align with the North Montclair Street Master plan.

A photometric plan will guide street lighting, though decorative lighting on Arrow Highway won’t be implemented now due to utility conflicts and Southern California Edison regulations. Future undergrounding of utilities and adjacent development may include decorative lighting.

During the course of the project design, changes to the field conditions, and external grant funding sources occurred requiring additional services beyond the original scope of services. The extra services beyond the known project landscaping change order, included additional surveying to locate utilities, define potential impacts to private improvements, and prepare a right of way exhibit, requested additional landscape and street lighting improvements in coordination with Sothern California Edison’s requirements, and preparation of a Water Quality Management Plan in accordance with the new National Pollutant Discharge Elimination System (NPDES) rules.

Agreement No. 23–21 with AGA Engineers involves preparation of plans for traffic signal upgrades and improvements at four existing intersections: three along Arrow Highway at its intersections with the Police Department entrance/exit, and with Monte Vista and Central Avenues, and at the intersection of Fremont Avenue and Moreno Street. The agreement is currently scheduled to expire June 30, 2026. Agreement No. 25–74 extends the completion date to December 31, 2027, to allow for specialized traffic engineering consulting services throughout the construction work. Design plans for Fremont Avenue improvements are expected to be completed soon, and should be under construction in early 2026. Arrow Highway improvements are under design and will be advertised for construction bids in summer or fall of 2026.

FISCAL IMPACT: Agreement No. 23–30 with L.D. King was in the amount of $126,030 with an authorized contingency of $73,970. The approved change orders to–date total $65,507 with $25,414 pending approval, totaling $90,921. The requested appropriation of $40,000 from 2021 Lease Revenue Bonds will provide funds for the additional services and provide an adjusted authorized project contingency balance of $23,049. Agreement 25–74 with AGA Engineers only provides an adjustment to the completion date.

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

1. Approve Agreement No. 25–73, Amendment No. 1 to Agreement No. 23–30 with L.D. King, Inc. for engineering design services for street, sewer and storm drain improvements for the Arrow Highway Improvement Project, subject to any revisions deemed necessary by the City Attorney;

2. Approve Agreement No. 25–74, Amendment No. 1 to Agreement No. 23–21 with AGA Engineers, Inc. for Engineering Traffic Signal Upgrades at four intersections in support of the Arrow Highway Improvement Project, subject to any revisions deemed necessary by the City Attorney; and

3. Authorize a $40,000 appropriation from the 2021 Lease Revenue Bond funds for costs related to Agreement No. 25–74, Amendment No. 1 to Agreement No. 23– 30 With L.D. King, Inc.

MONTCLAIR CITY COUNCIL MEETING – 11/03/2025 Page 37 of 109 Project Name:

Project Details:

Project No. (Assigned by Finance): 19036
Phase Prior Years 2021/2022 2022/2023 2023/2024 2024/2025 2025/2026 Total Fund/Program Environmental
Design 89,000.00 89,000.00 Sucessor Agency
KOA 481,200.00 481,200.00 251
LD King & AGA 364,000.00 40,000.00 404,000.00 2021 LR Bonds 14,000.00 14,000.00 Sewer
R/W Acquisition
Construction
Total 570,200.00 0.00 378,000.00 0.00 0.00 40,000.00 988,200.00 Approvals:

Department: By: Date:

Finance By: Date:

City Council Date:

Total Project
Cost: 988,200.00
Revision Number:

Arrow Hwy & Fremont Ave Improvement Project
Fiscal Years
Preparation Date: October 13, 2025 Department: Public Works Contact/Ext.: Rosemary Hoerning, x-446
November 3, 2025
Infrastructure Fund
Capital Project Funding Information
Storm Drain Extension & Street Improvements to coordinate with Village Partners Development MONTCLAIR CITY COUNCIL MEETING – 11/03/2025 Page 38 of 109

December 2023
Agreement No. 25–73
AMENDMENT NO. 1 TO AGREEMENT NO. 23–21
City of Montclair Professional Services Agreement
For Traffic Engineering – Traffic Signal Upgrades at Four Intersections WHEREAS, the City of Montclair (CITY) and AGA Engineers, Inc. (CONSULTANT) previously entered into Agreement No. 23–21 (hereinafter referred to as “the AGREEMENT”), for design services associated with the Traffic Engineering – Traffic Signal Upgrades at Four Intersections (“PROJECT”); and, WHEREAS, PROJECT design is approximately 70 percent complete; and, WHEREAS, the AGREEMENT expires on June 30, 2026 and a contract term extension is necessary to finalize the design of the PROJECT and maintain consulting services through construction.

NOW, THEREFORE, in consideration of the mutual covenants and conditions provided herein, CITY and CONSULTANT hereto agree to Amend Agreement No. 23–21 as follows:

1. Section 1. TERM – replace a period of approximately “three” years with a period of approximately “four and a half” years; and, replace “June 30, 2026” with “December 31, 2027” Except as amended by this Amendment No. 1, all other terms and conditions of Agreement 23–21 shall remain the same.

This Amendment No. 1 to the AGREEMENT, Agreement No. 23–21, is effective on the date it is approved and signed by CITY and CONSULTANT.

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

By:

John “Javier” Dutrey, Mayor
By:

Chalap K. Sadam, President & Secretary
Attest:

By:

Andrea M. Myrick, City Clerk
By:

Greg Wong, Vice President
Approved as to Form:

By:

Diane E. Robbins, City Attorney
MONTCLAIR CITY COUNCIL MEETING – 11/03/2025 Page 39 of 109

December 2023
Agreement No. 25–74
AMENDMENT NO. 1 TO AGREEMENT NO. 23–30
City of Montclair Professional Services Agreement
For Arrow Highway, Sewer and Storm Drain Improvements
WHEREAS, the City of Montclair (CITY) and LD King, Inc. (CONSULTANT) previously entered into Agreement No. 23–30 (hereinafter referred to as “the AGREEMENT”), for design services associated with the Arrow Highway Street, Sewer, storm Drain Improvements (“PROJECT”); and, WHEREAS, PROJECT design is approximately 60 percent complete; and, WHEREAS, the AGREEMENT expires on December 31, 2026 and a contract term extension is necessary to finalize the design of the PROJECT and maintain consulting services through construction.

WHEREAS, the design required modification to complement adjusting field conditions and related grant funding causing extra work not under the original scope and beyond the authorized contingency.

NOW, THEREFORE, in consideration of the mutual covenants and conditions provided herein, CITY and CONSULTANT hereto agree to Amend Agreement No. 23–30 as follows:

1. Section 1. Term – Replace “20” months with “36” months; and replace “December 31, 2026” with “December 31, 2027”

2. Section 5. Payment, Subsection (b) – replace “seventy three thousand seventy dollars ($73,970.00)” with “one hundred thirteen thousand nine hundred and seventy dollars ($113,970)”
Except as amended by this Amendment No. 1, all other terms and conditions of Agreement 23–30 shall remain the same.

This Amendment No. 1 to the AGREEMENT, Agreement No. 23–30, is effective on the date it is approved and signed by CITY and CONSULTANT.

CITY: City of Montclair CONSULTANT: L.D. King, Inc.

By:

John “Javier” Dutrey, Mayor
By:

Carla Berard, CEO
Attest:

By:

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

By:

Diane E. Robbins, City Attorney
MONTCLAIR CITY COUNCIL MEETING – 11/03/2025 Page 40 of 109

CITY COUNCIL

AGENDA REPORT
DATE: NOVEMBER 3, 2025
SECTION: CONSENT - RESOLUTIONS
ITEM NO.: 1
FILE I.D.: STB300–17
DEPT.: FINANCE
PREPARER: C. GRAVES
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 25–3499 AUTHORIZING PLACEMENT

OF LIENS ON CERTAIN PROPERTIES FOR DELINQUENT SEWER AND TRASH CHARGES REASON FOR CONSIDERATION: Staff has identified 209 sewer and trash accounts in the odd–numbered–month billing cycle that are more than three billing periods delinquent.

Pursuant to Montclair Municipal Code Chapter 1.12, these properties are subject to lien.

The City Council is requested to consider adoption of Resolution No. 25–3499 authorizing placement of liens on these properties for delinquent sewer and trash charges.

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

FISCAL IMPACT: Recoverable amount is $78,759.50, plus $4,180.00 for release of lien fees, plus $10,450.00 in lien fees, for a total of $93,398.50.

RECOMMENDATION: Staff recommends the City Council adopt Resolution No. 25–3499 authorizing placement of liens on certain properties for delinquent sewer and trash charges.

MONTCLAIR CITY COUNCIL MEETING – 11/03/2025 Page 41 of 109 Resolution No. 25–3499 Page 1 of 1
RESOLUTION NO. 25–3499

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF MONTCLAIR AUTHORIZING

PLACEMENT OF LIENS ON CERTAIN

PROPERTIES FOR DELINQUENT SEWER

AND TRASH ACCOUNTS
WHEREAS, Chapter 1.12 of the Montclair Municipal Code authorizes the City to place liens on properties on which delinquent civil debts have accrued; and WHEREAS, all owners of property in the City of Montclair were notified about the adoption of Ordinance No. 02–815 authorizing placement of liens on properties on which delinquent civil debts have accrued; and
WHEREAS, it has been determined that there are 209 sewer and/or trash accounts on which there are delinquencies in excess of 90 days; and WHEREAS, the owners of these properties have received regular billing state– ments and late notices since the onset of such delinquencies; and WHEREAS, the owners of these properties were notified on October 2, 2025, that their delinquent accounts are subject to causing a lien to be placed on their properties for settlement of such delinquencies; and that such liens would be considered for approval by the Montclair City Council on Monday, November 3, 2025.

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

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

APPROVED AND ADOPTED this XX day of XX, 2025.

Mayor
ATTEST:

City Clerk
I, Andrea M. Myrick, City Clerk of the City of Montclair, DO HEREBY CERTIFY that Resolution No. 25–3499 was duly adopted by the City Council of said city and was approved by the Mayor of said city at a regular meeting of said City Council held on the XX day of XX, 2025, and that it was adopted by the following vote, to–wit:

AYES: XX
NOES: XX
ABSTAIN: XX
ABSENT: XX
Andrea M. Myrick
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 11/03/2025 Page 42 of 109 Exhibit A to Resolution No. 25–3499
Report of Delinquent Civil Debts – November 2025

Street No. Street Account Type Delinquency Lien Fee Release of Lien Fee
Total Lien
Amount
4334 Alamitos Street Residential 352.35 50.00 20.00 422.35 4371 Alamitos Street Residential 317.17 50.00 20.00 387.17 5634 Alamitos Street Residential 277.92 50.00 20.00 347.92 9757 Amherst Avenue Residential 354.75 50.00 20.00 424.75 9910 Amherst Avenue Residential 354.75 50.00 20.00 424.75 9960 Amherst Avenue Residential 354.95 50.00 20.00 424.95 5460 Armsley Street Residential 332.92 50.00 20.00 402.92 5363 Arrow Highway Commercial 359.92 50.00 20.00 429.92 9633 Bel Air Avenue Residential 420.93 50.00 20.00 490.93 9910 Bel Air Avenue Residential 353.92 50.00 20.00 423.92 10024 Bel Air Avenue Residential 386.99 50.00 20.00 456.99 10036 Bel Air Avenue Residential 344.00 50.00 20.00 414.00 4435 Benito Street Residential 354.75 50.00 20.00 424.75 4450 Benito Street Senior 320.10 50.00 20.00 390.10
4460 Benito Street Residential 370.27 50.00 20.00 440.27 4553 Benito Street Residential 497.76 50.00 20.00 567.76 4959 Benito Street Residential 312.78 50.00 20.00 382.78 5428 Benito Street Residential 315.80 50.00 20.00 385.80 5429 Benito Street Residential 728.38 50.00 20.00 798.38 5568 Benito Street Residential 356.49 50.00 20.00 426.49 5598 Benito Street Residential 386.79 50.00 20.00 456.79 9344 Benson Avenue Residential 342.88 50.00 20.00 412.88 9384 Benson Avenue Residential 356.51 50.00 20.00 426.51 9560 Benson Avenue Residential 205.38 50.00 20.00 275.38 9590 Benson Avenue Senior 335.01 50.00 20.00 405.01
4843 Berkeley Street Residential 354.75 50.00 20.00 424.75 5353 Berkeley Street Residential 407.12 50.00 20.00 477.12 5361 Berkeley Street Residential 370.63 50.00 20.00 440.63 5382 Berkeley Street Residential 354.74 50.00 20.00 424.74 9598 Bolton Avenue Residential 230.76 50.00 20.00 300.76 9768 Bolton Avenue Residential 519.72 50.00 20.00 589.72 9788 Bolton Avenue Residential 497.76 50.00 20.00 567.76 4541 Bonnie Brae Street Residential 384.90 50.00 20.00 454.90 4576 Bonnie Brae Street Residential 354.75 50.00 20.00 424.75 4586 Bonnie Brae Street Residential 418.51 50.00 20.00 488.51 5450 Bonnie Brae Street Residential 547.31 50.00 20.00 617.31 5544 Bonnie Brae Street Residential 388.57 50.00 20.00 458.57 5095 Brooks Street Commercial 241.50 50.00 20.00 311.50 5178 Brooks Street Commercial 378.09 50.00 20.00 448.09 11304 Butterfield Avenue Residential 355.17 50.00 20.00 425.17 4853 Cambridge Street Residential 355.13 50.00 20.00 425.13 5383 Cambridge Street Residential 298.08 50.00 20.00 368.08 5448 Cambridge Street Senior 316.90 50.00 20.00 386.90
5470 Cambridge Street Residential 354.75 50.00 20.00 424.75 5471 Cambridge Street Residential 354.75 50.00 20.00 424.75 5519 Cambridge Street Residential 315.80 50.00 20.00 385.80 5561 Cambridge Street Residential 315.80 50.00 20.00 385.80 5591 Cambridge Street Residential 202.24 50.00 20.00 272.24 9148 Camulos Avenue Residential 287.92 50.00 20.00 357.92 9151 Camulos Avenue Residential 357.10 50.00 20.00 427.10 9178 Camulos Avenue Senior 350.47 50.00 20.00 420.47
9243 Camulos Avenue Residential 354.75 50.00 20.00 424.75 9426 Camulos Avenue Residential 405.33 50.00 20.00 475.33 9511 Camulos Avenue Residential 386.79 50.00 20.00 456.79 9539 Camulos Avenue Residential 566.66 50.00 20.00 636.66 9877 Camulos Avenue Residential 386.93 50.00 20.00 456.93 MONTCLAIR CITY COUNCIL MEETING – 11/03/2025 Page 43 of 109 Exhibit A to Resolution No. 25–3499
Report of Delinquent Civil Debts – November 2025

Street No. Street Account Type Delinquency Lien Fee Release of Lien Fee
Total Lien
Amount
9926 Camulos Avenue Residential 203.33 50.00 20.00 273.33 9540 Camulos Avenue Residential 584.49 50.00 20.00 654.49 5666 Caroline Street Residential 354.75 50.00 20.00 424.75 9629 Carrillo Avenue Residential 249.01 50.00 20.00 319.01 9664 Carrillo Avenue Multifamily 300.76 50.00 20.00 370.76 9526 Central Avenue Residential 478.09 50.00 20.00 548.09 9926 Central Avenue Residential 511.77 50.00 20.00 581.77 10070 Central Avenue Residential 310.41 50.00 20.00 380.41 10360 Central Avenue Commercial 379.56 50.00 20.00 449.56 9986 Central Avenue Residential 368.68 50.00 20.00 438.68 5201 Cliffwood Drive Commercial 425.65 50.00 20.00 495.65 9795 Coalinga Avenue Residential 354.75 50.00 20.00 424.75 9824 Coalinga Avenue Senior 339.21 50.00 20.00 409.21
9896 Coalinga Avenue Residential 315.80 50.00 20.00 385.80 11207 College Avenue Residential 373.02 50.00 20.00 443.02 9815 Columbine Avenue Senior 316.65 50.00 20.00 386.65
4835 Denver Street Residential 352.54 50.00 20.00 422.54 5427 Denver Street Residential 409.40 50.00 20.00 479.40 5439 Denver Street Residential 247.76 50.00 20.00 317.76 5579 Denver Street Residential 354.71 50.00 20.00 424.71 5616 Denver Street Residential 354.75 50.00 20.00 424.75 5626 Denver Street Residential 386.79 50.00 20.00 456.79 5541 Deodar Street Residential 200.71 50.00 20.00 270.71 5168 El Morado Street Residential 394.16 50.00 20.00 464.16 5429 El Morado Street Residential 354.75 50.00 20.00 424.75 9367 Felipe Avenue Residential 370.97 50.00 20.00 440.97 9378 Felipe Avenue Residential 356.53 50.00 20.00 426.53 9874 Felipe Avenue Residential 349.21 50.00 20.00 419.21 9020 Fremont Avenue Residential 538.32 50.00 20.00 608.32 9703 Fremont Avenue Residential 293.30 50.00 20.00 363.30 9823 Fremont Avenue Residential 354.75 50.00 20.00 424.75 9847 Fremont Avenue Residential 356.39 50.00 20.00 426.39 10037 Fremont Avenue Residential 316.20 50.00 20.00 386.20 9749 Galena Avenue Residential 397.76 50.00 20.00 467.76 9771 Galena Avenue Residential 386.79 50.00 20.00 456.79 9884 Geneva Avenue Residential 265.76 50.00 20.00 335.76 9985 Geneva Avenue Residential 354.75 50.00 20.00 424.75 10018 Geneva Avenue Residential 357.41 50.00 20.00 427.41 4328 Granada Street Residential 354.75 50.00 20.00 424.75 4426 Granada Street Residential 387.27 50.00 20.00 457.27 4436 Granada Street Residential 355.53 50.00 20.00 425.53 5636 Granada Street Residential 315.14 50.00 20.00 385.14 4418 Harvard Street Residential 354.75 50.00 20.00 424.75 4430 Harvard Street Residential 354.75 50.00 20.00 424.75 4478 Harvard Street Residential 488.65 50.00 20.00 558.65 5243 Harvard Street Residential 332.34 50.00 20.00 402.34 5430 Harvard Street Residential 354.75 50.00 20.00 424.75 5505 Harvard Street Residential 315.80 50.00 20.00 385.80 4531 Hawthorne Street Residential 374.58 50.00 20.00 444.58 9045 Helena Avenue Residential 292.69 50.00 20.00 362.69 9075 Helena Avenue Residential 284.42 50.00 20.00 354.42 9607 Helena Avenue Residential 370.56 50.00 20.00 440.56 9743 Helena Avenue Residential 370.56 50.00 20.00 440.56 4864 Highland Street Residential 377.16 50.00 20.00 447.16 5064 Holt Boulevard Commercial 571.73 50.00 20.00 641.73 5180 Holt Boulevard Commercial 279.93 50.00 20.00 349.93 MONTCLAIR CITY COUNCIL MEETING – 11/03/2025 Page 44 of 109 Exhibit A to Resolution No. 25–3499
Report of Delinquent Civil Debts – November 2025

Street No. Street Account Type Delinquency Lien Fee Release of Lien Fee
Total Lien
Amount
5190 Howard Street A & B Multifamily 780.79 50.00 20.00 850.79 4585 James Street Residential 386.79 50.00 20.00 456.79 9860 Kimberly Avenue Residential 217.90 50.00 20.00 287.90 9877 Kimberly Avenue Residential 372.75 50.00 20.00 442.75 5430 La Deney Street Residential 354.71 50.00 20.00 424.71 5611 La Deney Street Residential 214.31 50.00 20.00 284.31 9958 Lindero Avenue Residential 354.75 50.00 20.00 424.75 10008 Lindero Avenue Residential 328.54 50.00 20.00 398.54 10042 Lindero Avenue Residential 354.95 50.00 20.00 424.95 9864 Mammoth Drive Residential 372.50 50.00 20.00 442.50 9527 Marion Avenue Residential 354.75 50.00 20.00 424.75 9528 Marion Avenue Residential 354.75 50.00 20.00 424.75 9121 Mills Avenue Residential 207.87 50.00 20.00 277.87 9595 Mills Avenue Residential 404.01 50.00 20.00 474.01 9745 Mills Avenue Residential 354.80 50.00 20.00 424.80 9857 Mills Avenue Residential 587.52 50.00 20.00 657.52 9985 Mills Avenue Residential 532.92 50.00 20.00 602.92 4564 Mission Boulevard Commercial 338.61 50.00 20.00 408.61 9076 Monte Vista Avenue Residential 332.73 50.00 20.00 402.73 9721 Monte Vista Avenue Residential 224.75 50.00 20.00 294.75 5092 Moreno Street Residential 352.35 50.00 20.00 422.35 4643 Olive Street Residential 370.56 50.00 20.00 440.56 4257 Orchard Street Residential 351.87 50.00 20.00 421.87 5640 Orchard Street Residential 511.04 50.00 20.00 581.04 5690 Orchard Street Residential 354.75 50.00 20.00 424.75 5215 Palo Verde Street Residential 356.39 50.00 20.00 426.39 5474 Palo Verde Street Residential 315.80 50.00 20.00 385.80 5619 Palo Verde Street Residential 327.92 50.00 20.00 397.92 9633 Poulsen Avenue Residential 315.80 50.00 20.00 385.80 9925 Poulsen Avenue Residential 354.75 50.00 20.00 424.75 9935 Poulsen Avenue Residential 322.32 50.00 20.00 392.32 10043 Poulsen Avenue Residential 315.80 50.00 20.00 385.80 9375 Pradera Avenue Multifamily 1,457.65 50.00 20.00 1,527.65 9445 Pradera Avenue Multifamily 1,457.54 50.00 20.00 1,527.54 9842 Pradera Avenue Residential 497.71 50.00 20.00 567.71 10074 Pradera Avenue Residential 386.79 50.00 20.00 456.79 4426 Princeton Street Residential 358.75 50.00 20.00 428.75 4467 Princeton Street Residential 361.64 50.00 20.00 431.64 4853 Princeton Street Residential 388.94 50.00 20.00 458.94 9060 Ramona Avenue Residential 353.80 50.00 20.00 423.80 9090 Ramona Avenue Residential 449.23 50.00 20.00 519.23 9109 Ramona Avenue Residential 383.56 50.00 20.00 453.56 9151 Ramona Avenue Residential 356.33 50.00 20.00 426.33 9275 Ramona Avenue Residential 370.56 50.00 20.00 440.56 9366 Ramona Avenue Multifamily 514.49 50.00 20.00 584.49 9446 Ramona Avenue Residential 342.61 50.00 20.00 412.61 9587 Ramona Avenue Residential 354.75 50.00 20.00 424.75 9706 Ramona Avenue Residential 419.06 50.00 20.00 489.06 9801 Ramona Avenue Senior 348.65 50.00 20.00 418.65
9287 Ramona Avenue #B Residential 365.95 50.00 20.00 435.95 9434 Rose Avenue Residential 354.75 50.00 20.00 424.75
9836 Rose Avenue Residential 261.66 50.00 20.00 331.66
9866 Rose Avenue Residential 354.75 50.00 20.00 424.75
4641 Rosewood Street Residential 468.07 50.00 20.00 538.07 4683 Rosewood Street Residential 354.75 50.00 20.00 424.75 4860 Rosewood Street Residential 437.48 50.00 20.00 507.48 MONTCLAIR CITY COUNCIL MEETING – 11/03/2025 Page 45 of 109 Exhibit A to Resolution No. 25–3499
Report of Delinquent Civil Debts – November 2025

Street No. Street Account Type Delinquency Lien Fee Release of Lien Fee
Total Lien
Amount
5361 Rosewood Street Senior 318.25 50.00 20.00 388.25
5401 Rosewood Street Residential 356.93 50.00 20.00 426.93 11076 Roswell Avenue Residential 372.84 50.00 20.00 442.84 4246 Rudisill Street Residential 359.85 50.00 20.00 429.85 4300 Rudisill Street Residential 386.64 50.00 20.00 456.64 5432 Rudisill Street Residential 304.34 50.00 20.00 374.34 5452 Rudisill Street Residential 405.84 50.00 20.00 475.84 4711 San Bernardino Street Residential 356.39 50.00 20.00 426.39 4739 San Bernardino Street Residential 515.95 50.00 20.00 585.95 4749 San Bernardino Street Residential 354.75 50.00 20.00 424.75 4833 San Bernardino Street Residential 225.64 50.00 20.00 295.64 5129 San Bernardino Street Senior 331.22 50.00 20.00 401.22 5216 San Bernardino Street Residential 354.75 50.00 20.00 424.75 5418 San Bernardino Street Residential 414.58 50.00 20.00 484.58 5489 San Bernardino Street Residential 394.01 50.00 20.00 464.01 5562 San Bernardino Street Residential 397.94 50.00 20.00 467.94 5572 San Bernardino Street Residential 315.80 50.00 20.00 385.80 4594 San Jose Street Residential 399.59 50.00 20.00 469.59 5390 San Jose Street Residential 324.08 50.00 20.00 394.08 5412 San Jose Street Residential 370.56 50.00 20.00 440.56 5422 San Jose Street Residential 386.79 50.00 20.00 456.79 5433 San Jose Street Residential 268.95 50.00 20.00 338.95 5636 San Jose Street Residential 265.16 50.00 20.00 335.16 4424 San Jose Street #05 Residential 352.41 50.00 20.00 422.41 4424 San Jose Street #14 Residential 254.74 50.00 20.00 324.74 4424 San Jose Street #18 Residential 354.75 50.00 20.00 424.75 4424 San Jose Street #35 Residential 200.16 50.00 20.00 270.16 4630 San Jose Street F Residential 354.96 50.00 20.00 424.96 4630 San Jose Street L Residential 381.20 50.00 20.00 451.20 4622 San Jose Street O Residential 387.48 50.00 20.00 457.48 4622 San Jose Street X Residential 241.50 50.00 20.00 311.50 9940 Santa Anita Avenue Residential 525.65 50.00 20.00 595.65 10016 Santa Anita Avenue Residential 366.30 50.00 20.00 436.30 9825 Saratoga Avenue Residential 354.75 50.00 20.00 424.75 9835 Saratoga Avenue Residential 356.39 50.00 20.00 426.39 9817 Sun Valley Drive Residential 846.09 50.00 20.00 916.09 5131 Sundance Drive Residential 315.80 50.00 20.00 385.80 9617 Surrey Avenue Residential 354.75 50.00 20.00 424.75 9794 Surrey Avenue Residential 446.61 50.00 20.00 516.61 9773 Tudor Avenue Residential 386.40 50.00 20.00 456.40 9784 Vernon Avenue Residential 357.04 50.00 20.00 427.04 Totals: $ 78,759.50 $ 10,450.00 $ 4,180.00 $ 93,389.50
MONTCLAIR CITY COUNCIL MEETING – 11/03/2025 Page 46 of 109

CITY COUNCIL

AGENDA REPORT
DATE: NOVEMBER 3, 2025
SECTION: CONSENT - RESOLUTIONS
ITEM NO.: 2
FILE I.D.: EDD100/MHA100
DEPT.: ECONOMIC DEV./MHA
PREPARER: M. FUENTES
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 25–3503 APPROVING AGREEMENT NO. 25–71, AN AFFORDABLE HOUSING AGREEMENT WITH THE MONTCLAIR HOUSING AUTHORITY AND THE MONTCLAIR HOUSING CORPORATION; AUTHORIZING THE TRANSFER OF 9490 CARRILLO 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 $20,000 APPROPRIATION FROM THE ECONOMIC

DEVELOPMENT ASSESTS FUND FOR REHABILITATION OF THE PROPERTY LOCATED AT 9490 CARILLO AVENUE, MONTCLAIR
CONSIDER ADOPTION OF MHA RESOLUTION NO. 25–02 APPROVING AGREEMENT NO. 25–71, 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. 25–03 APPROVING AGREEMENT NO. 25–71, AN AFFORDABLE HOUSING AGREEMENT WITH THE CITY OF MONTCLAIR

AND THE MONTCLAIR HOUSING AUTHORITY
REASON FOR CONSIDERATION: Proposed Agreement No. 25–71 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 9490 Carrillo Avenue and the subsequent leasing and operations of said Property as an affordable housing unit.

Proposed City Council Resolution No. 25–3503 would approve entering into Agreement No. 25–71, and would authorize the transfer of Property to the MHA.

Proposed MHA Resolution No. 25–02 would approve Agreement No. 25–71, and accept the transfer of Property from the City.

Proposed MHC Resolution No. 25–03 would approve Agreement No. 25–71.

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 City’s 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, Monte Vista, and Mills Avenues, and 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.

With the dissolution of community redevelopment agencies in 2011 (AB 1X 26) and the MONTCLAIR CITY COUNCIL MEETING – 11/03/2025 Page 47 of 109 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. 25–71 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. 25–71, an affordable housing agreement by and between the City, MHA, and MHC.

Proposed Agreement No. 25–71 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. 25–71 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. 9490 Carrillo Avenue, Montclair
The subject Property is located on a highly visible and desirable portion of Carrillo 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 9490 Carrillo Avenue is a townhome residence built in 1979. It has four bedrooms and three bathrooms, and the livable area is 1,416 square feet.

FISCAL IMPACT: A $20,000 appropriation from the Economic Development Agency Assets Fund is requested for minor repairs, should the City Council approve the subject resolutions and agreement.

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

1. Adopt Resolution No. 25–3503 approving Agreement No. 25–71, an Affordable Housing Agreement with the Montclair Housing Authority and Montclair Housing Corporation; authorizing the transfer of 9490 Carrillo Central Avenue, Montclair, to the Montclair Housing Authority for Use as Affordable Housing; and Declaring such real property to be exempt surplus land; and
MONTCLAIR CITY COUNCIL MEETING – 11/03/2025 Page 48 of 109

2. Authorize a $20,000 appropriation from the Economic Development Assets Fund for rehabilitation of the property located at 9490 Carrillo Avenue, Montclair.

Staff recommends that the Montclair Housing Authority Commissioners adopt MHA Resolution No. 25–02 approving Agreement No. 25–71, 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 MHC Resolution. No. 25–03 approving Agreement No. 25–71, an Affordable Housing Agreement with the City of Montclair and the Montclair Housing Authority.

MONTCLAIR CITY COUNCIL MEETING – 11/03/2025 Page 49 of 109 Resolution No. 25–3503 Page 1 of 2
RESOLUTION NO. 25–3503

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTCLAIR APPROVING AGREEMENT NO. 25–71, AN AFFORDABLE HOUSING

AGREEMENT BY AND BETWEEN THE CITY OF MONTCLAIR, MONTCLAIR HOUSING AUTHORITY, AND MONTCLAIR HOUSING CORPORATION;

AUTHORIZING THE TRANSFER OF CERTAIN REAL PROPERTY LOCATED AT 9490 CARRILLO 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 9490 Carrillo 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. 25–71, 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 (California Government Code [GC] §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 GC §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 GC §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 – 11/03/2025 Page 50 of 109 Resolution No. 25–3503 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 has determined that none of the provisions of §54221(f)(2) of the SLA apply to the Property.

SECTION 4: The City of Montclair is hereby authorized and directed to enter into Agreement No. 25–71, an Affordable Housing Agreement by and among the City of Montclair, Montclair Housing Authority, and Montclair Housing Corporation.

SECTION 5: 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 take further actions that are necessary or appropriate to transfer the Property to the Montclair Housing Authority.

SECTION 6: The City of Montclair hereby finds and declares that the Property is no longer necessary for the City’s use and is surplus land, as defined in GC §54221, based on the true and correct written findings found in this Resolution and incorporated herein by reference. The City is authorized to transfer the Property without regard to the SLA pursuant to GC §54221(f)(1)(D), so long as the transfer is to another government agency, the Montclair Housing Authority, for their use.

SECTION 7: The City Council authorizes City Manager Edward C. Starr to sign Agreement No. 25–71 on behalf of the City of Montclair.

SECTION 8: 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. 25–3503 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 – 11/03/2025 Page 51 of 109 MHA Resolution No. 25–02 Page 1 of 2
RESOLUTION NO. 25–02

A RESOLUTION OF THE MONTCLAIR HOUSING AUTHORITY
APPROVING AGREEMENT NO. 25–71, 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 9490 CARRILLO AVENUE,

MONTCLAIR, CALIFORNIA, FROM THE CITY OF MONTCLAIR
WHEREAS, the City of Montclair (the “City”) acquired property located at 9490 Carrillo 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. 25–71, 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 Commission 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. 25–71, 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 take 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 – 11/03/2025 Page 52 of 109 MHA Resolution No. 25–02 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. 25–02 was duly adopted by the Montclair Housing Authority Commissioners 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 – 11/03/2025 Page 53 of 109 MHC Resolution No. 25–03 Page 1 of 2
RESOLUTION NO. 25–03

A RESOLUTION OF THE MONTCLAIR HOUSING CORPORATION
APPROVING AGREEMENT NO. 25–71, 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 9490 Carrillo 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. 25–71, 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 into Agreement No. 25–71, 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. 25–71 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 – 11/03/2025 Page 54 of 109 MHC Resolution No. 25–03 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. 25–03 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 – 11/03/2025 Page 55 of 109 Agreement No. 25-71

AFFORDABLE HOUSING AGREEMENT
by and among the

MONTCLAIR HOUSING AUTHORITY
and the

CITY OF MONTCLAIR
and the

MONTCLAIR HOUSING CORPORATION
MONTCLAIR CITY COUNCIL MEETING – 11/03/2025 Page 56 of 109 Agreement No. 25-71
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 – 11/03/2025 Page 57 of 109 Agreement No. 25–71
1 AFFORDABLE HOUSING AGREEMENT
THIS AFFORDABLE HOUSING AGREEMENT (the “Agreement”) is hereby entered into as of November 3, 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 9490 Carrillo 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.

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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 9490 Carrillo Avenue, Montclair, California, and described in the Legal Descriptions. “Property Value” means the amount of Six Hundred and Thirty Five Thousand Dollars ($635,000). 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 – 11/03/2025 Page 59 of 109 Agreement No. 25–71
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 – 11/03/2025 Page 60 of 109 Agreement No. 25–71
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 – 11/03/2025 Page 61 of 109 Agreement No. 25–71
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.

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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 – 11/03/2025 Page 63 of 109 Agreement No. 25–71
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.”
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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 – 11/03/2025 Page 65 of 109 Agreement No. 25–71
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
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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.

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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.

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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 – 11/03/2025 Page 69 of 109 Agreement No. 25-71
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:

The land referred to herein below is situated in the County of San Bernardino, State of California and is described as follows:

A condominium comprised of:

Parcel No. 1:

An undivided 1/17 interest in and to all that portion of Lots 1 to 18, inclusive, of Tract No. 10089, in the City of Montclair, County of San Bernardino, State of California, as per map recorded in Book 141, of Maps, Pages 87 to 89, and amended in Book 163, Pages 5 to 7, inclusive, in the Office of the County recorder of said County, shown and defined as "Common Area" on the Condominium Plan recorded September 28, 1978, as Instrument No. 905, Book 9527 Page 1549 Official Records of said county.

Parcel No.2:

All that portion of Lots 1 to 18, inclusive, of said Tract No. 10089, shown and defined as Unit No. 2 of said Condominium Plan.

APN: 1008-352-08-0-0000
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Attachment No. 2

ATTACHMENT NO. 2
LEASE
By and Between

THE MONTCLAIR HOUSING AUTHORITY
and

MONTCLAIR HOUSING CORPORATION
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Attachment No. 2

LEASE
THIS LEASE (the “Lease”) is made as of November 3, 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 November 3, 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 9490 Carrillo 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 November 3, 2025 (the “Commencement Date”) and continuing until [November 3, 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.

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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.

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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.

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(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.

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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 – 11/03/2025 Page 76 of 109 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 – 11/03/2025 Page 77 of 109 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.

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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 – 11/03/2025 Page 79 of 109 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 – 11/03/2025 Page 80 of 109 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 – 11/03/2025 Page 81 of 109 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 – 11/03/2025 Page 82 of 109 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.

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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 – 11/03/2025 Page 84 of 109 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.

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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 – 11/03/2025 Page 86 of 109 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 – 11/03/2025 Page 87 of 109 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 – 11/03/2025 Page 88 of 109 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 – 11/03/2025 Page 89 of 109 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 – 11/03/2025 Page 90 of 109 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 – 11/03/2025 Page 91 of 109 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 – 11/03/2025 Page 92 of 109 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 – 11/03/2025 Page 93 of 109 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 – 11/03/2025 Page 94 of 109 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 – 11/03/2025 Page 95 of 109 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 – 11/03/2025 Page 96 of 109 Agreement No. 25-71
Attachment No. 1

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:

The land referred to herein below is situated in the County of San Bernardino, State of California and is described as follows:

A condominium comprised of:

Parcel No. 1:

An undivided 1/17 interest in and to all that portion of Lots 1 to 18, inclusive, of Tract No. 10089, in the City of Montclair, County of San Bernardino, State of California, as per map recorded in Book 141, of Maps, Pages 87 to 89, and amended in Book 163, Pages 5 to 7, inclusive, in the Office of the County recorder of said County, shown and defined as "Common Area" on the Condominium Plan recorded September 28, 1978, as Instrument No. 905, Book 9527 Page 1549 Official Records of said county.

Parcel No.2:

All that portion of Lots 1 to 18, inclusive, of said Tract No. 10089, shown and defined as Unit No. 2 of said
Condominium Plan.

APN: 1008-352-08-0-0000
MONTCLAIR CITY COUNCIL MEETING – 11/03/2025 Page 97 of 109 Attachment No. 3

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: 1008-352-08-0-0000
[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 – 11/03/2025 Page 98 of 109 Attachment No. 1

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:

The land referred to herein below is situated in the County of San Bernardino, State of California and is described as follows:

A condominium comprised of:

Parcel No. 1:

An undivided 1/17 interest in and to all that portion of Lots 1 to 18, inclusive, of Tract No. 10089, in the City of Montclair, County of San Bernardino, State of California, as per map recorded in Book 141, of Maps, Pages 87 to 89, and amended in Book 163, Pages 5 to 7, inclusive, in the Office of the County recorder of said County, shown and defined as "Common Area" on the Condominium Plan recorded September 28, 1978, as Instrument No. 905, Book 9527 Page 1549 Official Records of said county.

Parcel No.2:

All that portion of Lots 1 to 18, inclusive, of said Tract No. 10089, shown and defined as Unit No. 2 of said
Condominium Plan.

APN: 1008-352-08-0-0000
MONTCLAIR CITY COUNCIL MEETING – 11/03/2025 Page 99 of 109

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:
1008-352-08-0-0000
That certain real property located in the State of California, County of San Bernardino, City of Montclair, and described as follows:

The land referred to herein below is situated in the County of San Bernardino, State of California and is described as follows:

A condominium comprised of:

Parcel No. 1:

An undivided 1/17 interest in and to all that portion of Lots 1 to 18, inclusive, of Tract No. 10089, in the City of Montclair, County of San Bernardino, State of California, as per map recorded in Book 141, of Maps, Pages 87 to 89, and amended in Book 163, Pages 5 to 7, inclusive, in the Office of the County recorder of said County, shown and defined as "Common Area" on the Condominium Plan recorded September 28, 1978, as Instrument No. 905, Book 9527 Page 1549 Official Records of said county.

Parcel No.2:

All that portion of Lots 1 to 18, inclusive, of said Tract No. 10089, shown and defined as Unit No. 2 of said Condominium Plan.

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 – 11/03/2025 Page 100 of 109 Personnel Committee Minutes – October 20, 2025 Page 1 of 1

MINUTES OF THE MEETING OF THE MONTCLAIR

PERSONNEL COMMITTEE HELD ON MONDAY,
OCTOBER 20, 2025, AT 6:00 P.M. IN THE CITY
ADMINISTRATIVE OFFICES, 5111 BENITO STREET,

MONTCLAIR, CALIFORNIA
I. CALL TO ORDER
Mayor Pro Tem Martinez called the meeting to order at 6:00 p.m.

II. ROLL CALL

Present: Mayor Pro Tem Martinez, Council Member Ruh, City Manager Starr, and Assistant City Manager/Director of
Human Services Richter
III. APPROVAL OF MINUTES
A. Minutes of the Regular Personnel Committee Meeting of September 15, 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 September 15, 2025.

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

At 6:25 p.m., the Personnel Committee returned from Closed Session.

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

VI. ADJOURNMENT
At 6:25 p.m., Mayor Pro Tem Martinez adjourned the Personnel Committee.

Submitted for Personnel Committee approval,
Edward C. Starr
City Manager
MONTCLAIR CITY COUNCIL MEETING – 11/03/2025 Page 101 of 109

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – September 15, 2025 Page 1 of 8

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, SEPTEMBER 15, 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
Dianna Delgado, Chaplain of the Streets, gave the invocation.

III. PLEDGE OF ALLEGIANCE
Mayor Pro Tem/Vice Chair Martinez led meeting participants in the Pledge.

IV. ROLL CALL

Present: Mayor/Chair Dutrey; Mayor Pro Tem/Vice Chair Martinez; Council Members/Directors Ruh, Lopez, and Mendez
City Manager/Executive Director Starr; Assistant City Manager/ Director of Human Services Richter; Director of Finance Kulbeck; Director of Public Works/City Engineer Heredia; Police Chief Reed; Fire Chief Dierck; City Attorney Robbins; City Clerk Myrick V. PRESENTATIONS
A. Proclamation Declaring October 5–11, 2025, as Emergency Nurses Week in the City of Montclair
Mayor Dutrey presented the proclamation to JaNaya Beenee Eggert, MHMC Chief Nursing Officer, and Jessica Nunez, ER/ICU Director, of Montclair Hospital Medical Center.

VI. PUBLIC COMMENT
• Jay Minek resident, expressed disproval of the nine percent increase in his sewer bill.

Mayor Dutrey advised the Inland Empire Utilities Agency (IEUA) Board, in charge of regional sewer treatment, imposed the increase and intends to increase it another nine percent next year. He added he voted in opposition to increasing the fee as a member of IEUA’s Policy Committee, which serves as an advisory body to the IEUA Board. • Bill Kaufman, entrepreneur, requested renewed discussion of the City’s development and adoption of a cannabis ordinance and promoted the potential for a commercial cannabis industry to enhanced tax revenues for the City.
• Herman Janssen, Bill Kaufman’s business partner, commented on their desire to establish a cannabis–related wellness center on Central Avenue. He advised that Claremont recently rejected a commercial cannabis ordinance, which increases the potential for more tax revenues if the businesses can operate in Montclair.

VII. PUBLIC HEARINGS
A. First Reading — Consider Ordinance No. 25–1015 Amending the North Montclair Downtown Specific Plan (NMDSP) to Allow Medical Uses Within the Station District Land Use Zone (Case No. 2025–06)
MONTCLAIR CITY COUNCIL MEETING – 11/03/2025 Page 102 of 109

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – September 15, 2025 Page 2 of 8 Consider Setting a Public Hearing for Second Reading and to Consider Adoption of Ordinance No. 25–1015 on Monday,
October 20, 2025, at 7:00 p.m. in the City Council Chambers Mayor Dutrey announced this as the time and place set for a public hearing on the above listed matter, opened the public hearing, and invited comments from the public.

Mayor Pro Tem Martinez questioned whether restrictions on the use of medical facilities had been previously implemented due to safety considerations.

Community Development Director Diaz noted there is no apparent reason for the restriction and was more than likely an oversight within the land use tables, noting medical uses such as a dental office should be permissible in the area and aligns with other permitted uses.

Council Member Lopez requested the rationale behind permitting small dental and doctor offices while restricting larger 24–hour medical facilities, noting that the increased housing development in the area will result in a greater need for urgent and emergency medical services.

Community Development Director Diaz advised that allowing larger medical operations could be disruptive and may lead to heavier traffic congestion, and parking availability would be limited.

Council Member Ruh asked if an urgent care facility with limited operating hours or a specialized medical practice would be restricted under the current or proposed medical office definition.

Community Development Director Diaz clarified that each medical use proposed would be assessed individually to determine whether the use aligns with the definition in the specific plan document.

ACTION – Public Hearing
ACTING: City Council
MOTION: Conduct the first reading of Ordinance No. 25–1015, and set a public hearing for second reading and
adoption of Ordinance No. 25–1015 on Monday,
October 20, 2025 at 7:00 p.m. in the City Council
Chambers.

MADE BY:

SECOND BY:

Mayor Dutrey
Council Member Ruh
AYES:

NOES:

ABSTAIN:

ABSENT:

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

VIII. CONSENT CALENDAR
ACTION – Consent Calendar
ACTING: City Council
Successor Agency Board
Montclair Housing Corporation Board
Montclair Housing Authority Commissioners
Montclair Community Foundation Board
DISCUSSION: B–9, B–12, C–2, and D–1.

MOTION: Approve the Consent Calendar as presented.

MADE BY:

SECOND BY:

Council Member/Director Lopez
Mayor Pro Tem/Vice Chair Martinez
MONTCLAIR CITY COUNCIL MEETING – 11/03/2025 Page 103 of 109

PENDING

APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – September 15, 2025 Page 3 of 8 ACTION – Consent Calendar
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 – August 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 – August 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 – August 2025 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 – August 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 – August 2025 ACTION – Consent Calendar – Item B–6
ACTING: Montclair Housing Corporation Board
RESULT: Approved on Consent Calendar; motion carried 5–0.

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Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – September 15, 2025 Page 4 of 8

7. Consider Receiving and Filing of MHA Treasurer’s Report – August 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 – August 2025 ACTION – Consent Calendar – Item B–8
ACTING: Montclair Housing Authority Commissioners
RESULT: Approved on Consent Calendar; motion carried 5–0.

9. Consider Approval of Tentative Parcel Map No. 20694
Located at 4100 Mission Boulevard
Consider Authorizing Parcel Map No. 20694 to be Recorded with the Office of the San Bernardino County Recorder,
Subject to Final Approval by the City Engineer
Council Member Lopez requested the name of the developer associated with the project and asked if the Fire Department was consulted on review of the tentative map.

Public Works Director/City Engineer Heredia advised that the developer is Landis Corporation, and the City’s contracted Fire Marshal reviewed the map.

Council Member Lopez expressed concern that internal Fire Department staff was not involved in the review process.

ACTION – Consent Calendar – Item B–9
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

10. Consider Declaring a 2005 Ford Taurus (Unit 121) as a Surplus Vehicle Available for Parts or for Sale at Auction ACTION – Consent Calendar – Item B–10
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

11. Consider Authorizing a $46,500 Appropriation from the Equipment Replacement Fund for the Purchase of a 2025
Nissan Pathfinder from Empire Nissan for the Police
Department
Consider Authorizing the Reassignment of a 2013 Ford
Taurus (Unit 454) for Administrative Use by the Police
Department
Consider Authorizing the Reassignment of a 2011 Chevrolet Caprice (Unit 432) to the Code Enforcement Division
ACTION – Consent Calendar – Item B–11
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

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Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – September 15, 2025 Page 5 of 8

12. Consider Authorizing a $48,500 Appropriation from the Equipment Replacement Fund for the Purchase of a 2025
Honda Pilot from Metro Honda for the Police Department
Consider Declaring a 2017 Nissan Pathfinder Vehicle
(Unit 452) as Surplus and Available for Parts or for Sale at Auction
Council Member Lopez noted the lowest bidder from which the City is purchasing these vehicles is a local dealer within the City.

ACTION – Consent Calendar – Item B–12
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

13. Consider Authorizing a $109,491.14 Appropriation from the Equipment Replacement Fund for the Purchase of Two 2026 Ford Police Interceptors from Fritts Ford for the Police Department
Consider Declaring a 2011 Ford Crown Victoria (Unit 426) and a 2018 Ford Police Interceptor (Unit 423) as Surplus and Available for Parts or for Sale at Auction
ACTION – Consent Calendar – Item B–13
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

C. Agreements

1. Consider Approval of Agreement No. 25–63 with Ontario– Montclair School District (OMSD) to Provide Services Related to the Homeless Housing, Assistance and Prevention
Program Round 4 (HHAP–4) Grant, Subject to Any Revisions Deemed Necessary by the City Attorney
Consider Authorizing City Manager Edward C. Starr to Sign Said Agreement and Other Program–Related Documents
Council Member Lopez received clarification on consultant selection, grant requirements, and housing resources provided through the program.

Mayor Dutrey asked if the program targets families or involves partnerships.

Assistant City Manager/Human Services Director Richter stated that the grant is intended to assist all homeless individuals within the City, and that sheltered families may need additional services provided through partnerships such as transportation for their children to attend school.

ACTION – Consent Calendar – Item C–1
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

D. Resolutions

1. Consider Adoption of Resolution No. 25–3497 Rescinding and Replacing Resolution No. 25–3492 Designating Restricted Parking on Public Streets and Alleys to Include Restricted Overnight Parking on Third Street Between Ramona and
Silicon Avenues

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Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – September 15, 2025 Page 6 of 8 Council Member Lopez asked if property owners are required to install new signage to indicate restricted parking times.

Public Works Director/ City Engineer Heredia responded that the City is covering the cost of signage for Silicon Avenue, and additional signage beyond that is the responsibility of the property owner.

Council Member Mendez asked if the overnight parking hours could start later, such as at midnight.

Public Works Director/City Engineer Heredia explained that the 10:00 p.m. to 5:00 a.m. overnight hours are standard
throughout the City, and that the signs have already been purchased.

ACTION – Consent Calendar – Item D–1
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.

IX. PULLED CONSENT CALENDAR ITEMS — None
X. COMMUNICATIONS
A. Department Reports

1. Human Services — Upcoming Events
Assistant City Manager/Director of Human Services Richter, announced the following upcoming events: Community Health Fair on Thursday, October 2, from 9:00 a.m. to 12:00 p.m.; the Montclair Youth Talent Show, “Where Stars Are Born,” on Friday, October 10, at 6:00 p.m. in the Montclair Community Center; and a Hispanic Heritage Night celebration on Friday, October 3, from 5:00 p.m. to 7:00 p.m. at the Montclair Place Center Court. She also announced applications are being accepted at the Recreation Center for the Holiday Food and Toy Basket Program by
appointment only.

2. Police Department — Pink Patch for Breast Cancer Awareness Police Chief Reed announced the Department’s recognition of Breast Cancer Awareness Month in October, during which staff will be encouraged to wear pink patches, undershirts, and polos to show their support. Department staff interested in participating must make a $10 minimum donation to Loma Linda Medical Center and are encouraged to help raise more funds for breast cancer research.

B. City Attorney
City Attorney Robbins requested the City Council meet in closed session to discuss the following matters:

1. Pursuant to Government Code §54956.9(d)(1) Regarding Potential Litigation
Martinez/Ronquillo v. City of Montclair

2. Pursuant to Government Code §54957.6 Regarding
Conference with Designated Labor Negotiator Edward C. Starr Agency: City of Montclair
Employee Management Employees
Associations: Montclair City Confidential Employees Association Montclair General Employees – Teamsters Local 1932
Montclair Fire Fighters Association
Montclair Police Officers Association

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Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – September 15, 2025 Page 7 of 8 C. City Manager/Executive Director
City Manager Starr acknowledged the San Bernardino County Transportation Authority’s (SBCTA) Board’s decision on
September 3 to no longer support extension of the Gold Line to Montclair. He highlighted the projected positive economic impact the Gold Line would have on the City and the region, noted the City is considering alternative options, and advised an economic analysis of the Gold Line the City commissioned from Beacon Economics last month is expected to come out later this year.

D. Mayor/Chair

1. Notice of Cancellation of October 6, 2025 Regular Joint Meeting
Mayor/Chair Dutrey announced the October 6, 2025 regular joint meeting is canceled to allow staff to adjust its process to the new agenda packet procedure .

2. Mayor Dutrey reminded the City Council to submit their comments and feedback on the draft City Council Policy Manual, noted that, although the project will no longer proceed as originally planned, Montclair remains committed to advocating for the Gold Line’s advancement into the Transcenter; and denounced all acts of political violence.

E. Council Members/Directors

1. Council Member/Director Lopez announced his attendance at the State of the County on September 17; announced the upcoming Ontario Baseball Club launch party on September 18; and extended well wishes to Mayor Dutrey on his 60th birthday; wished former County Supervisor Janice Rutherford well on her cancer treatment; expressed appreciation to staff for sending a link to emergency preparedness training; promoted Soroptimist’s fall fundraiser scheduled for Saturday, October 18; and voiced his disappointment with SBCTA's decision to discontinue discussions regarding funding the Gold Line’s extension to Montclair

2. Council Member/Director Ruh informed staff about challenges reported to him regarding placement of a storage container at Dr. James Lally’s new Montclair Community Health Center facility; acknowledged the celebration of Hispanic Heritage Month; expressed concern regarding incidents of violence related to political views; noted his attendance at the grand opening of the Metro station in Pomona and beginning of Gold Line service on September 19; and reiterated his support for extending the Gold Line to Montclair, and emphasizing that County boundary lines should not hinder the expansion of transportation projects.

3. Council Member/Director Mendez commended staff for adjusting to the new agenda publication timeline; stated his disappointment regarding SBCTA’s decision; noted his attendance at the State of the County event; extended best wishes to Mayor Dutrey for his 60th birthday; and requested an update on the Animal Resource Center of the Inland Empire (ARC).

City Manager Starr advised ARC will be providing an update to the City Council in the near future.

4. Mayor Pro Tem/Vice Chair Martinez announced the Montclair Chamber of Commerce is hosting "A Taste of Montclair" on September 25, at 6:00 p.m.; commended City Manager Starr, Mayor Dutrey, and Council Member Ruh for their dedicated efforts advocating for getting the Gold Line to Montclair and expressed disappointment with SBCTA’s decision.

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Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – September 15, 2025 Page 8 of 8 F. Committee Meeting Minutes
The following committee minutes were received and filed for informational purposes:

1. Personnel Committee — September 2, 2025
XII. CLOSED SESSION
At 8:37 p.m., the City Council went into closed session to discuss pending litigation and labor negotiations.

XIII. CLOSED SESSION ANNOUNCEMENT
At 8:55 p.m., the City Council returned from closed session. Mayor Dutrey announced that the City Council discussed pending litigation and labor negotiations; direction was given to staff; and no further announcements would be made at this time.

XIV. ADJOURNMENT
At 8:55 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 – 11/03/2025 Page 109 of 109