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 Properties, or in connection with the operation thereof, or from any defect in the Properties. 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.
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 Properties of all property of an insurable nature located upon the Properties, 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 Properties. 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 Properties, 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 Properties, 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 Properties, 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.
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(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 Properties 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 footings below the lowest floor and without deduction for depreciation) of the Properties, including the cost of construction of the Properties, 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).
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17.5 Insurance Proceeds Resulting from Loss or Damage to Properties. All proceeds of insurance with respect to loss or damage to the Properties 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 Properties 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 Properties, such proceeds shall be payable in accordance with Section 17.3 of this Lease.
In the event this Lease is terminated by mutual agreement of Authority and Lessee and said Properties 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 Properties 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 Properties, 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 Properties 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 Properties, leaving the remainder of the Properties 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 Properties 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 Properties not so taken.
(B) In the event of taking of only a part of the Properties, leaving the remainder of the Properties 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 Properties or the portion thereof so taken vests in the condemning authority.
(C) In the event the Properties is so taken, this Lease and all of the right, title and interest thereunder, shall cease on the date title to the Properties 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 Properties, 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 Properties was leased.
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(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 Properties 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 Properties pursuant to this Lease shall belong to Lessee. That portion of any award attributable to the fair market value of the Properties 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 Properties, then Lessee shall be entitled to any portion of the award attributable to severance damages to the remaining Properties. Said award shall be used for the restoration, repair or rebuilding of the Properties 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, 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 Properties, the mortgagee shall be entitled to any portion of the award attributable to the Properties, to the extent of its interest therein. The mortgagee may at its option apply said portions of the award to restoration of the Properties or to reduction of the mortgage. Any excess portion of the award attributable to the condemnation of the Properties 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 Properties 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 Properties 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 Properties, 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 Properties, 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:
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(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.” (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 Properties 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 Properties, as well as operations conducted thereon, and to faithfully observe and secure compliance with, in the use of the Properties, 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 Properties, 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 Properties. 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, MONTCLAIR CITY COUNCIL MEETING – 05/15/2023 Page 134 of 159 Attachment No. 2
sublessee or permittee has violated any such ordinance or statute in the use of the Properties 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 Properties for the purpose of viewing and ascertaining the condition of the same, or to protect its interests in the Properties or to inspect the operations conducted thereon.
SECTION 24. RIGHT TO MAINTAIN.
In the event that the entry or inspection by Authority pursuant to Section 23 hereof discloses that the Properties 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 Properties 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 Properties; 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.
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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 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 Properties, to collect all funds available to Lessee in connection with its operation and maintenance of the Properties; and to perform all other consistent with Lessee’s obligation under this Lease as the court deems proper; (5) Maintain and operate the Properties, 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 Properties and Lessee, in such event, does hereby waive any demand for possession thereof, and agrees to surrender and deliver the Properties 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 Properties on the Properties shall vest in Authority. Even though Lessee has breached the Lease and abandoned the Properties, 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.
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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 Properties, (i) the liability of Lessee shall be limited to its interest in the Properties, and any rents, issues and profits arising from any subleases of the Properties 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 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 Properties. 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 Properties 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 Properties 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 Properties.
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.
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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; (4) Maintain and operate the Properties, 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 MONTCLAIR CITY COUNCIL MEETING – 05/15/2023 Page 138 of 159 Attachment No. 2
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:
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 Properties 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 Properties 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.
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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 Properties, provided that all such costs, charges and rents are competitive with the 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 Properties 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 MONTCLAIR CITY COUNCIL MEETING – 05/15/2023 Page 140 of 159 Attachment No. 2
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 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 Properties throughout the Term.
MONTCLAIR CITY COUNCIL MEETING – 05/15/2023 Page 141 of 159 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:
Its:
LESSEE:
MONTCLAIR HOUSING CORPORATION, a
California nonprofit public benefit corporation
By:
Its:
MONTCLAIR CITY COUNCIL MEETING – 05/15/2023 Page 142 of 159 Exhibit A to Attachment No. 2
EXHIBIT A TO ATTACHMENT NO. 2
PROPERTY MAP
[To Be Attached]
MONTCLAIR CITY COUNCIL MEETING – 05/15/2023 Page 143 of 159 MONTCLAIR CITY COUNCIL MEETING – 05/15/2023 Page 144 of 159 MONTCLAIR CITY COUNCIL MEETING – 05/15/2023 Page 145 of 159 Exhibit B to Attachment No. 2
EXHIBIT B 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:
APNS:
1009-273-19-0000
Tract 5156 Lot 159
1010-021-03-0000
Tract 3932 Lot 43
1009-273-25-0000
Tract 5156 Lot 165
MONTCLAIR CITY COUNCIL MEETING – 05/15/2023 Page 146 of 159 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
APNS: 1009-273-19-0000
1010-021-03-0000
1009-273-25-0000
[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 properties 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:
City Manager
MONTCLAIR CITY COUNCIL MEETING – 05/15/2023 Page 147 of 159 Exhibit A to Attachment No. 3
EXHIBIT A TO ATTACHMENT NO. 3
LEGAL DESCRIPTION
The land referred to herein below is situated in the City of Montclair, County of San Bernardino, State of California and is described as follows:
APNS:
1009-273-19-0000
Tract 5156 Lot 159
1010-021-03-0000
Tract 3932 Lot 43
1009-273-25-0000
Tract 5156 Lot 165
MONTCLAIR CITY COUNCIL MEETING – 05/15/2023 Page 148 of 159 Certificate of Acceptance to Attachment No. 3
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 properties:
Real property in the City of Montclair, County of San Bernardino, State of California, described as follows:
APNS:
1009-273-19-0000
Tract 5156 Lot 159
1010-021-03-0000
Tract 3932 Lot 43
1009-273-25-0000
Tract 5156 Lot 165
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:
Executive Director
MONTCLAIR CITY COUNCIL MEETING – 05/15/2023 Page 149 of 159 Personnel Committee Minutes – May 1, 2023 Page 1 of 1
MINUTES OF THE MEETING OF THE MONTCLAIR
PERSONNEL COMMITTEE HELD ON MONDAY,
MAY 1, 2023, AT 5:10 P.M. IN THE CITY
ADMINISTRATIVE OFFICES, 5111 BENITO STREET,
MONTCLAIR, CALIFORNIA
I. CALL TO ORDER
Mayor Pro Tem Johnson called the meeting to order at 5:10 p.m.
II. ROLL CALL
Present: Mayor Pro Tem Johnson, City Manager Starr, and Assistant City Manager/Director of Human Services
Richter
III. APPROVAL OF MINUTES
A. Minutes of the Regular Personnel Committee Meeting of April 3, 2023.
Moved by Mayor Pro Tem Johnson, seconded by City Manager Starr, and carried unanimously to approve the minutes of the Personnel Committee meeting on April 3, 2023.
IV. PUBLIC COMMENT – None
V. CLOSED SESSION
At 5:11 p.m., the Personnel Committee went into Closed Session regarding personnel matters related to appointments, resignations/ terminations, and evaluations of employee performance.
At 5:40 p.m., the Personnel Committee returned from Closed Session.
Mayor Pro Tem Johnson stated that no announcements would be made at this time.
VI. ADJOURNMENT
At 5:40 p.m., Mayor Pro Tem Johnson adjourned the Personnel Committee.
Submitted for Personnel Committee approval,
Edward C. Starr
City Manager
MONTCLAIR CITY COUNCIL MEETING – 05/15/2023 Page 150 of 159
PENDING
APPROVAL
City Council Adjourned Meeting Minutes – May 1, 2023 Page 1 of 1
MINUTES OF THE ADJOURNED MEETING OF THE MONTCLAIR
CITY COUNCIL HELD ON MONDAY, MAY 1, 2023, AT 5:45 P.M.
IN THE CITY COUNCIL CHAMBERS, 5111 BENITO STREET,
MONTCLAIR, CALIFORNIA
I. CALL TO ORDER
Mayor Dutrey called the meeting to order at 5:45 p.m.
II. ROLL CALL
Present: Mayor Dutrey; Mayor Pro Tem Johnson; Council Members Ruh, Martinez, and Lopez
City Manager/Executive Director Starr; Assistant City Manager/ Director of Human Services Richter; Director of Finance Kulbeck; Director of Community Development Diaz; Director of Public Works/City Engineer Heredia; Captain Reed; City Attorney Robbins; City Clerk Myrick
III. COUNCIL WORKSHOP
A. Proposed Ordinance Regulating the Parking of Oversized and Recreational Vehicles on Public Streets
Jim Eckart, Special Legal Counsel, presented a PowerPoint detailing the safety issues caused by oversized vehicles parking on public streets and providing options for regulations used by other cities.
Options included issuing limited time permits and restricting the number of permits issued per year, tying the issuance of permits to residents only, designating only certain areas for parking, or not requiring permits but greatly restricting the amount of time a recreational or oversized vehicle can be parked.
Mayor Pro Tem Johnson agreed that sight line interference caused by parked RVs and other oversized vehicles is a safety issue.
Council Member Martinez raised the question of how this would affect current recreational vehicle owners and if they would be granted exceptions to the new regulation. It was clarified that no exemptions would be made for current RV owners.
Council Member Ruh stated that the City should offer alternative places for recreational vehicles to park such as a parking lot. He mentioned some residents live in these vehicles and so they should not be affected with this regulation being put in place.
Council Member Lopez stated opposition to restricting public access and the use of public streets by residents. He raised concerns regarding residences that do not have driveways and that rely on street parking.
Assistant Code Enforcement Manager Fondario provided insight regarding neighborhood discord and enforcement issues.
Mayor Dutrey concurred that restrictions are necessary after surrounding cities have implemented similar parking limitations, causing Montclair to become a parking destination for RVs.
It was determined that the City Council would like to further study the issue.
IV. PUBLIC COMMENT— None
V. ADJOURNMENT
At 6:49 p.m., the City Council was adjourned.
Submitted for City Council approval,
Andrea M. Myrick
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 05/15/2023 Page 151 of 159
PENDING
APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – May 1, 2023 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, MAY 1, 2023, 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
Carolyn Preschern, Inland Empire Prayer Breakfast Committee, gave the invocation.
III. PLEDGE OF ALLEGIANCE
Mayor Pro Tem/Director Johnson led meeting participants in the Pledge.
IV. ROLL CALL
Present: Mayor/Chair Dutrey; Mayor Pro Tem/Vice Chair Johnson; Council Members/Directors Ruh, Martinez, and Lopez
City Manager/Executive Director Starr; Assistant City Manager/ Director of Human Services Richter; Director of Finance Kulbeck; Director of Community Development Diaz; Director of Public Works/City Engineer Heredia; Captain Reed; City Attorney Robbins; City Clerk Myrick
V. PRESENTATIONS
A. Presentation of Annual Donation by the Montclair Chamber of Commerce to the Montclair Community Foundation for the
Montclair to College Program
Board Chair Steve Hammitt, Montclair Chamber of Commerce, presented a $1,579.60 check raised from its Military Banner Program to Mayor Dutrey as a donation to the Montclair to College Program.
B. Southern California Edison Presentation of 2023 Edison Scholar Award and $50,000 Scholarship to Montclair High School
Student Antonio Camarillo
Jennifer Shaw and Melissa Boyd, Government Relations Managers, Southern California Edison (SCE), presented a scholarship of $50,000 to Montclair High School student Antonio Camarillo and recognized him as one of the 2023 Edison Scholars selected for this prestigious distinction.
Antonio Camarillo was presented with Certificates of Recognition from the offices of San Bernardino County Fourth District Supervisor Curt Hagman, California Assembly Member Freddie Rodriguez, California Senator Susan Rubio, and U.S. Representative Norma Torres.
C. Proclamation Declaring May 4, 2023 as National Day of Prayer in the City of Montclair
Carolyn Preschern, Inland Empire Prayer Breakfast Committee, announced the annual breakfast would be taking place on May 4th at the Ontario DoubleTree Hotel.
D. Proclamation Declaring Montclair as a Purple Heart City Mayor Dutrey presented a proclamation declaring Montclair as a Purple Heart City. He noted the proclamation would be provided to Military Order of the Purple Heart, Chapter 2929 Adjutant Raymond Wetzel, who was unable to attend to accept in–person.
MONTCLAIR CITY COUNCIL MEETING – 05/15/2023 Page 152 of 159
PENDING
APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – May 1, 2023 Page 2 of 8 VI. PUBLIC COMMENT
Jennifer Shaw, Government Relations Manager, SCE, announced she would be leaving her position and thanked the Council for their support.
Melissa Boyd, Government Relations Managers, SCE, announced she would be taking over for Jennifer Shaw, and looks forward to assisting the City of Montclair moving forward.
Jordi Ubaldo and Kaliah Redwood, Event Coordinators, Montclair Chamber of Commerce, announced upcoming Chamber events Networking Breakfast on May 11th at 8:30 a.m. at Aqua Ridge Senior Living; an electronic waste event May 27 to 28, 2023 from 9:00 a.m. to 2:00 p.m.; and a Night Under the Stars on August 17, 2023, from 6:00 – 8:30 p.m. at the Chino Basin Water Conservation District. Jose Perez requested that the City provide safe routes to schools, particularly in the area he resides. He commented that the Montclair Police Department has been patrolling the area, but more frequently patrols could be helpful to deter driving violations.
Carolyn Raft, West Valley Mosquito and Vector Control District Board Secretary and Montclair representative, warned the number of green pools are up this year, which contributes to mosquito breeding.
VII. PUBLIC HEARINGS — None
VIII. CONSENT CALENDAR
ACTION – Consent Calendar
ACTING: City Council
Successor Agency Board
Montclair Housing Corporation Board
Montclair Housing Authority Commissioners
Montclair Community Foundation Board
MOTION: Approve the Consent Calendar as presented.
MADE BY:
SECOND BY:
Mayor Pro Tem/Vice Chair Johnson
Council Member/Director Lopez
AYES:
NOES:
ABSTAIN:
ABSENT:
Martinez, Ruh, Johnson, Dutrey, Lopez
None
None
None
RESULT: Motion carried 5–0.
A. Approval of Minutes
1. Adjourned Meeting — April 3, 2023
ACTION – Consent Calendar – Item A–1
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.
2. Regular Joint Meeting — April 3, 2023
ACTION – Consent Calendar – Item A–2
ACTING: City Council
Successor Agency Board
Montclair Housing Corporation Board
Montclair Housing Authority Commissioners
Montclair Community Foundation Board
RESULT: Approved on Consent Calendar; motion carried 5–0.
MONTCLAIR CITY COUNCIL MEETING – 05/15/2023 Page 153 of 159
PENDING
APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – May 1, 2023 Page 3 of 8 B. Administrative Reports
1. Consider Receiving and Filing City Treasurer's Report – March 2023
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 – March 2023
ACTION – Consent Calendar – Item B–3
ACTING: Successor Agency Board
RESULT: Approved on Consent Calendar; motion carried 5–0.
4. Consider Approval of SA Warrant Register – March 2023 ACTION – Consent Calendar – Item B–4
ACTING: Successor Agency Board
RESULT: Approved on Consent Calendar; motion carried 5–0.
5. Consider Receiving and Filing MHC Treasurer's Report – March 2023
ACTION – Consent Calendar – Item B–5
ACTING: Montclair Housing Corporation Board
RESULT: Approved on Consent Calendar; motion carried 5–0.
6. Consider Approval of MHC Warrant Register – March 2023 ACTION – Consent Calendar – Item B–6
ACTING: Montclair Housing Corporation Board
RESULT: Approved on Consent Calendar; motion carried 5–0.
7. Consider Receiving and Filing of MHA Treasurer's Report – March 2023
ACTION – Consent Calendar – Item B–7
ACTING: Montclair Housing Authority Commissioners
RESULT: Approved on Consent Calendar; motion carried 5–0.
MONTCLAIR CITY COUNCIL MEETING – 05/15/2023 Page 154 of 159
PENDING
APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – May 1, 2023 Page 4 of 8
8. Consider Approval of MHA Warrant Register – March 2023 ACTION – Consent Calendar – Item B–8
ACTING: Montclair Housing Authority Commissioners
RESULT: Approved on Consent Calendar; motion carried 5–0.
9. Consider Receiving and Filing Annual Reports from Independent Auditing Firm for the City of Montclair and the Successor Agency for the City of Montclair Redevelopment Agency
ACTION – Consent Calendar – Item B–9
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.
10. Consider Authorizing a $471,710.04 Appropriation from Lease Revenue Bond Proceeds for Excess Costs Associated with the Zone 5–6 Street Rehabilitation Project
Consider Approval of the Filing of a Notice of Completion with the San Bernardino County Recorder for the Zone 5–6 Street Rehabilitation Project Constructed by Gentry Brothers, Inc.
Consider Authorizing Release of Retention 30 Days after Recordation of the Notice of Completion
ACTION – Consent Calendar – Item B–10
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.
11. Consider Receiving and Filing the Montclair Police
Department 2022–23 Military Equipment Annual Report
Pursuant to GC §7072
Consider Authorizing the Scheduling of a Follow–up Police Department Community Engagement Meeting on
Wednesday, May 17, 2023, at 5:00 p.m. in the Police
Department’s Emergency Operations Center Community
Room at 4870 Arrow Highway, Montclair
Mayor Pro Tem Johnson received clarification that some
equipment will be available for viewing at the event.
ACTION – Consent Calendar – Item B–11
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.
C. Agreements
1. Consider Approval of Agreement No. 23–21 with Southern California Transcription Services for Transcription of
Digital, Audio–Recorded Material, subject to any revisions deemed necessary by the City Attorney
Council Member Lopez received clarification regarding the number of intersections that would receive flashing stop signs.
ACTION – Consent Calendar – Item C–1
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.
MONTCLAIR CITY COUNCIL MEETING – 05/15/2023 Page 155 of 159
PENDING
APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – May 1, 2023 Page 5 of 8
2. Consider Approval of Agreement Nos. 23–22 and 23–23 with Ontario–Montclair School District to Support Expanding the Montclair After–School Summer Program Through July 2023 at Kingsley Elementary and Serrano Middle School
ACTION – Consent Calendar – Item C–2
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.
3. Consider Approval of Agreement Nos. 23–24 and 23–25 with Ontario–Montclair School District to Support the Montclair After–School Program at Various Sites for the 2023–2024 School Year
ACTION – Consent Calendar – Item C–3
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.
4. Consider Rejecting the Bid Received from Great Western Installation, Inc. for the Alma Hofman Park Playground
Surface Replacement Project
Consider Awarding a Contract to Spectraturf, Inc. in the Amount of $180,599.50 for the Alma Hofman Park
Playground Surface Replacement Project
Consider Approval of Agreement No. 23–26 with Spectraturf, Inc. for the Alma Hofman Park Playground Surface
Replacement Project, Subject to Any Revisions Deemed
Necessary by the City Attorney
Consider Authorizing a $180,599.50 Appropriation from
2021 Lease Revenue Bond Proceeds to Cover Costs Related to Agreement No. 23–26
Mayor Pro Tem Johnson received clarification that this project would not affect the splash pad opening date.
Councilmember Lopez questioned why the other bid proposal was not accepted.
ACTION – Consent Calendar – Item C–4
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.
5. Consider Authorizing a $41,397.45 Appropriation from the Contingency Fund to Participate in a Public/Private
Emergency Ambulance and Interfacility Transport Service Bidding for the County Contract
Consider Approval of Agreement No. 23–28, a Memorandum
of Understanding with CONFIRE Agreeing to Become a
Contracting Agency in the EMS Division
Consider Authorizing City Manager Edward C. Starr to Sign Agreement No. 23–28 and a Declaration of Intent to
Participate in the CONFIRE EMS Division Contract
MONTCLAIR CITY COUNCIL MEETING – 05/15/2023 Page 156 of 159
PENDING
APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – May 1, 2023 Page 6 of 8 Carolyn Raft, resident, spoke in support of the CONFIRE agreement, and recommended the Council approve it.
Mayor Pro Tem Johnson received clarification that the response time should be 10 minutes or under, however it is currently 20 minutes with AMR since private vendors have more leniency.
Councilmember Lopez spoke in support of the agreement.
ACTION – Consent Calendar – Item C–5
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 5–0.
IX. PULLED CONSENT CALENDAR ITEMS
D. Resolutions
1. Consider Adoption of Resolution No. 23–3403 Approving Agreement No. 23–27, an Affordable Housing Agreement with the Montclair Housing Authority and the Montclair Housing Corporation; Authorizing the Transfer of 9814, 9875, and 9878 Monte Vista Avenue, Montclair, to the Montclair Housing Authority for use as Affordable Housing Units; and Declaring Such Real Property to be Exempt Surplus Land
Consider Adoption of Resolution No. 23–01 Approving
Agreement No. 23–27, an Affordable Housing Agreement with the City of Montclair and the Montclair Housing Authority Consider Adoption of Resolution No. 23–01 Approving
Agreement No. 23–27, 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 Authorizing a $75,000 Appropriation from the
Housing Trust Fund for Rehabilitation of Certain Real Property City Manager Starr pulled this item for staff to make technical revisions to the agenda report. It will be placed on a future agenda for discussion.
X. COMMUNICATIONS
A. Department Reports
1. Human Services Department — Upcoming Events & Programs Assistant City Manager/Director of Human Services Richter provided information on upcoming programs and events
including the Summer Day Camp that will be held at the Youth Center, with pre–registration having starting today. She provided a reminder that the Senior Center will be hosting two Cinco de Mayo activities on Friday, May 5th. She also announced that the weight room and racquetball courts in the Recreation Center will be reopening on May 8th. There will be a food distribution event on May 18th in the Community Center. The Summer Kick–Off will be held on May 27th from 12:00 p.m. to 3:00 p.m. at Alma Hofman Park. The Community Activities Commission’s Memorial Day Program will take place on
Monday, May 29th, in the Memorial Garden. The 9th Annual Country Fair Jamboree will be taking place on June 3rd.
B. City Attorney
City Attorney Robbins requested the City Council meet in closed session concerning the following:
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PENDING
APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – May 1, 2023 Page 7 of 8
1. Closed Session Pursuant to Government Code
§54956.9(d)(1) Regarding Pending Litigation
City of Montclair v. Monte Vista Water District
2. Closed Session Pursuant to Government Code Section
54956.8 Regarding Real Property Negotiations
Property: APN 1008–611–15–0000
Negotiating Parties: City of Montclair and Yum Yum Donut Shop Inc.
Agency Negotiator: Edward C. Starr, City Manager
Under Negotiations: Recommendations Regarding Purchase Price
3. Closed Session Pursuant to Government Code Section
54956.8 Regarding Real Property Negotiations
Properties: APN 1008–611–18–0000, 1008–611–19–0000
Negotiating Parties: City of Montclair and Fonseca, Ricardo R. Trust Agency Negotiator: Edward C. Starr, City Manager
Under Negotiations: Recommendations Regarding Purchase Price Mayor Dutrey announced his intent to recuse himself during Closed Session Item B–3 due to a family member being a client of one of the businesses operating at the property.
C. City Manager/Executive Director — None
D. Mayor/Chair
1. Announcement of Vacancies on Planning Commission (3) Mayor/Chair Dutrey announced there are 3 vacancies on the Planning Commission. The deadline to apply is by May 23rd at 5:30 p.m.
2. Mayor Dutrey announced that several Council Members went to Washington, D.C. to meet with legislators regarding large projects that the City is aiming to accomplish. He recognized May as Jewish American Heritage Month, Asian American Pacific Islander Heritage Month, International Nurses Day, Memorial Day, Armed Forces Day, and Mother’s Day.
E. Council Members/Directors
1. Council Member/Director Ruh attended the Montclair to College graduation event and commended what great things are being provided for the students of Montclair. He announced his opposition to any parking fees for mass transit because he believes people will be more encouraged to use public
transportation if parking is free. He noted that Prop 13 has saved a lot of homes and he would oppose any repeal efforts.
2. Council Member/Director Lopez stated on May 12th Montclair Little League is attending a Family Feast Night at the Quakes Stadium. He announced the first Thursday of May is recognized as the National Day of Prayer.
3. Mayor Pro Tem/Vice Chair Johnson stated she also wanted to commend the Montclair to College graduates and stated the Human Services Department did a great job on the event. She reported the Easter Eggstravaganza was a success last month.
4. Council Member/Director Martinez commended the Montclair to College graduation event and congratulated all the
graduates. She also commented on how great the Washington, D.C. trip was and how grateful she was to speak with elected representatives and their staff. She reported the Women’s Club of Montclair, of which she is a member, awarded a $500
scholarship to a very deserving Montclair High School student.
MONTCLAIR CITY COUNCIL MEETING – 05/15/2023 Page 158 of 159
PENDING
APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – May 1, 2023 Page 8 of 8 F. Committee Meeting Minutes
The following committee minutes were received and filed for informational purposes:
1. Personnel Committee – April 3, 2023
XI. CLOSED SESSION
At 8:16 p.m., the City Council went into closed session to discuss pending litigation and real property negotiations (APN 1008–611–15–0000).
At 8:35 p.m., Mayor Dutrey left the meeting.
At 8:36 p.m., the City Council discussed real property negotiations (APNs 1008–611–18–0000 and 1008–611–19–0000)
XII. CLOSED SESSION ANNOUNCEMENTS
At 8:45 p.m., the City Council returned from closed session.
At 8:45 p.m., Mayor Dutrey returned to the meeting.
Mayor Dutrey announced the City Council met in closed session to discuss pending litigation and real property negotiations (APN 1008–611–15– 0000), information was received and direction given to staff; and no further announcements would be made at this time.
Mayor Pro Tem Johnson announced the City Council met in closed session to discuss real property negotiations (APNs 1008–611–18–0000, 1008– 611–19–0000), information was received and direction given to staff; and no further announcements would be made at this time.
XIII. ADJOURNMENT
At 8:46 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 – 05/15/2023 Page 159 of 159
CITY OF MONTCLAIR
TREASURER'S REPORT
FOR THE MONTH ENDING
APRIL 30, 2023
TABLE OF CONTENTS
SCHEDULE 1
STATEMENTS OF COMPLIANCE WITH INVESTMENT POLICY AND INVESTMENT STRATEGY FOR APRIL 30, 2023 SCHEDULE2
STATEMENT OF CASH AND INVESTMENTS BY FUND
SCHEDULE 3
STATEMENT OF CASH AND INVESTMENT ACCOUNTS
GRAPH
CASH AND INVESTMENTS BY TYPE
COMPLIANCE ST A TEMENT
CITY OF MONTCLAIR
STATEMENTS OF COMPLIANCE WITH THE INVESTMENT POLICY
AND INVESTMENT STRATEGY
APRIL 30, 2023
The City has the following amount invested in various financial instruments. This conforms with the investment policy approved by the City Council.
Total Investments $33,380,111
During the current month the City was in compliance with the internal control procedures set forth in the Investment Policy.
INVESTMENT STRATEGY FOR THE UPCOMING MONTH
SCHEDULE 1
During the upcoming month, surplus moneys will be invested in the Local Agency Investment Fund and other investments authorized in the Investment Policy. The City has sufficient monies available to meet expenditures during the next six month period.
SCHEDULE2
CITY OF MONTCLAIR
STATEMENT OF CASH AND INVESTMENTS BY FUND
AS OF APRIL 30, 2023
Beginning lnterfund Ending
Fund Balance Receiets Disbursements Transfers Balance
General Fund $ 5,944,332.79 $ 4,691,788.81 $ 2,613,475.68 $ $ 8,022,645.92 (1) Gas Tax Fund (81,989.36) 67,138.87 108,250.04 (123,100.53) (2) Road Maintenance - Section 2032 1,831,262.33 71,852.15 1,903,114.48 Measure I Fund 5,398,175.25 69,738.57 5,467,913.82
Traffic Safety 77,336.07 12,168.53 89,504.60
Disabifity Access Fund - Bus. License 51,289.30 816.00 52,105.30 Park Maintenance 20,808.03 3,204.14 3,260.15 20,752.02
Park Development 1,156,207.06 1,156,207.06
CDBG (183,044.43) 8,790.63 (191,835.06) (2)
SB2 Planning Grant (58,642.50) 1,767.50 (56,875.00) (2) Air Quality Improvement Trust 117,342.62 117,342.62
Senior Nutrition Program (63,547.35) 2,793.53 10,157.69 (70,911.51) (2) American Resue Plan 4,794,353.00 4,794,353.00
Forfeiture Fund - State 113,953.63 3,077.18 15,786.33 101,244.48 Proposition 30/SB 109 88,029.95 566.67 87,463.28
SB 509 Public Safety 360,118.18 41,445.00 17,362.73 384,200.45 Forfeiture Fund-Federal/DOJ 576,692.31 5,372.74 582,065.05 Asset Seizure Fund 0.93 0.29 1.22
Section 11489 Subfund 35,448.75 543.02 35,991.77
Fed Asset Forfeiture-Treasury 126,897.52 524.70 126,372.82 School District Grant Fund
State Supplemental Law Enforce 329,994.05 41,417.62 288,576.43 Local Law Enforcement Block Gr 18.67 18.67
PC 1202.5 Crime Prevention 2,353.72 11.25 2,364.97
Recycling Grant Fund 130,221.51 127.95 130,349.46
Statewide Park Dev Grant 174,976.00 174,976.00
Homeless Housing Assist Preven 19,584.43 3,960.00 15,624.43 (2) LEAP Grant (58,976.25) 20,705.00 (79,681.25) (2)
After School Program Fund (570,331.29) 116,771.72 (687,103.01) (2) City of Hope 1,290.78 1,290.78
Safety Dept Grants 512,745.36 2,790.64 515,536.00
OSMD Immunization Grant 1,370.50 1,370.50 (2)
Kaiser Permanente Grant 2,886.87 2,886.87
Resource Center Grant - OMSD 26,639.54 2,349.16 24,290.38 Title 1118 Sr Support Services (9,302.23) 2,133.71 2,577.54 (9,746.06) (2) Healthy Community Strategic Plan 14,823.19 14,823.19
ASES Supplemental Grant 84,633.84 84,633.84
E.M.S. - Paramedic Fund 4,208.04 7,491.78 1,542.46 10,157.36 (3) Economic Development 2,352,795.01 14,875.29 2,337,919.72 City Contributions/Donations Fund 500.00 500.00
Sewer Operating Fund 2,477,601.99 379,789.01 333,767.14 2,523,623.86 Sewer Replacement Fund 2,439,666.85 2,439,666.85
CFD 2011-1 (Paseos) 198,405.70 52,144.56 727.84 249,822.42 CFD 2011-2 (Arrow Station) 108,913.44 18,083.66 966.04 126,031.06 Inland Empire Utility Agency 4,051,622.84 674.88 4,052,297.72 Sewer Expansion Fee Fund 869,951.34 67.49 870,018.83
Developer Impact Fees - Local 1,282,267.12 1,282,267.12 Developer Impact Fees - Regional 278,389.82 278,389.82
Burrtec Pavement Impact Fees 216,595.38 25,526.68 242,122.06 PUC Reimbursement Fund-MVGS 262,502.41 262,502.41
Utility Underground In-Lieu 383,396.52 383,396.52
General Plan Update Fee 110,123.39 461.19 110,584.58
Housing Fund 555,708.20 555,708.20
Public Education/Govt. PEG Fee Fund 113,981.64 113,981.64 Infrastructure Fund (551,841.06) 1,176.05 (553,017.11) (4) COVID-19 (92,796.73) (92,796.73)
Successor Agency Bonds-Taxable 4,853,146.40 32,709.42 4,885,855.82 Successor Agency Bonds-Tax Exempt 7,988,931.97 54,300.72 13,880.90 8,029,351.79 2021 Lease Revenue Bond Proceeds (1,855,354.38) 483.88 97,266.06 (483.88) (1,952,620.44) 2014 Lease Revenue Bond Debt Svc (928,872.36) 245,831.20 (683,041.16) (5) 2021 Lease Revenue Bond Debt Svc (5,763.96) 483.88 483.88 (5,763.96) Pension Obligation Bond Debt Svc 3,664,452.49 45.93 45.93 3,664,452.49 Contingency Fund 0.96 0.96 (1)
Assigned General Fund Reserves 19,536,086.83 22,953.01 13,603.20 19,545,436.64 (1) TOTALS $ 69,282,572.62 $ 5,817,287.36 $ 3,444,290.45 $ 45.93 $ 71,655,615.46 Negative Cash Notes follow this presentation.
Notes on Negative Cash Balances
(1) The General Operating Fund may have a negative cash for the majority of the fiscal year awaiting property and sales tax collections. This is covered by the Contingency Fund and other General Fund Reserve Funds until those collections are received. As Contingency and General Reserves exceed this negative, the City is not utilizing restricted resources. (2) These are reimbursable grant funds that utilize general pool monies initially to cover expenditures pending reimbursement from the granting agencies. Therefore, it is not uncommon for these to be negative until that reimbursement is received. (3) This fund has operational deficits annually. At the end of the fiscal year it is restored by a General Fund Transfer. (4) The Infrastructure Fund receives transfers from other funds to accomplish infrastructure projects. Those transfers are usually recorded when the projects nears completion or prior to mid-year budget preparation. Any negative in that fund will be eliminated at those times. Transfers from these funds (C.D.B.G., Gas Tax, Measure I, etc.) may go negative on cash pending collections of these revenues. In this way we can determine if obligations for projects are exceeding current resources. (5) This debt service operation utmzes transaction and use taxes which are part of the sales tax and Successor Agency property taxes. These have been sufficient in prior fiscal years to cover the necessary debt service; however, they are not completely received until fiscal year-end. Once debt service is covered the excess will be transferred to the General Fund.
CITY OF MONTCLAIR
STATEMENT OF CASH AND INVESTMENT ACCOUNTS
AS OF APRIL 30, 2023
Par Value
CHECKING ACCOUNT
Checking Account
Asset Seizure Account
Purchase
Date
CASH W/FISCAL AGENT, CD's, LAIF DEPOSITS, AND
SHORT-TERM U.S. AGENCY SECURITIES
Local Agency Investment Fund (LAIF)
First American Government
U.S. AGENCY SECURITIES
TOTAL
Current market values obtained from US Bank.
Maturity
Date
Coupon
Interest
Rate
2.890%
Current
Market
Vafue
30,776,387.34
2,000,000.00
$32,776,387.34
$
Balance
at Cost
31,380,110.54
2,000,000.00
SCHEDULE 3
Totals
$ 38,273,035.05
$ 2,469.87
$ 33,380,110.54
$
$ 71,655,615.46
LAI
43.80%
CITY OF MONTCLAIR
CASH AND INVESTMENTS BY TYPE
April 30, 2023
Total Cash & Investments $71,655,616
■ Investments
2.80%
D Checking
53.40%
CITY OF MONTCLAIR AS SUCCESSOR TO
THEREDEVELOPMENTAGENCY
TREASURER'S REPORT
FOR THE MONTH ENDING
April 30, 2023
CITY OF MONTCLAIR AS SUCCESSOR TO
THE REDEVELOPMENT AGENCY
STATEMENT OF CASH BY FUND
April 30, 2023
COMBINED OPERATING FUND
Operating
LRPRP Fund
Operating
RORF
RORF Area I
RORF Area II
RORF Area 111
RORF Area IV
RORF Area V
RORF Area VI
TOTAL CASH
( 1 0 I 518, 64)
0.00 632,875.34
0.00 0.00
0.00 0.00
0.00 0.00
$ (10,518.64)
$ 0.00
$ 632,875.34
$ 622,356.70
Checking Account
US Bank
TOTAL CASH
NOTE:
CITY OF MONTCLAIR AS SUCCESSOR TO
THE REDEVELOPMENT AGENCY
STATEMENT OF CASH
April 30, 2023
622,356.70
622,356.70
In accordance with State law, the Successor Agency receives the monies necessary to cover its obligations for the upcoming six month period. The monies are received in January and June of each year.
The Successor Agency has sufficient funds available to meet expenditures during the upcoming six-month period.
CITY OF MONTCLAIR AS SUCCESSOR TO
THE REDEVELOPMENT AGENCY
WARRANT REGISTER
FOR THE MONTH ENDING
April 30, 2023
City of Montclair
Final Warrant Register
Council Date 05/15/2023
Regular Warrants
Checking Account: Successor to the RDA
SRDA Combined Operating Fund
RORF
(Redevelopment Obligation
Retirement Funds)
Warrants
0.00 0.00
0.00 April 2023 Total
Note: Reimburse City for 04/13 payrolls
Reimburse City for 04/27 payrolls
Vice Chair Johnson
US Bank
transfers
7,627.60
0.00 7,627.60
Area Totals
7,627.60
0.00 7,627.60
Book Transfer Daily Activity Detail
CITY OF MONTCLAIR
SinglePoint
Reported Activity From 04/03/2023 To 04/28/2023
Printed on 05/03/2023 at 1 :08 PM PDT
Effective Date Amount From: Debit Account Number To: Credit Account Number Status 04/27/2023
Debit Account Name
Debit Account Type
Credit Account Name
Credit Account Type
Template Name
Memo
Initiate Date
Initiate Time
Initiated By
Completed Date
Completed Time
$3700.45 153499275813
CITY OF MONTCLAIR SUCCESSOR AGENCY
DOA
CITY OF MONTCLAIR GENERAL ACCOUNT
ODA
Reimb City for 04/27/23 Payroll
04/27/2023
07:39PM CDT
JKULBECK
04/27/2023
07:39PM CDT
153499275805 Completed
Effective Date Amount From: Debit Account Number To: Credit Account Number Status 04/13/2023
Debit Account Name
Debit Account Type
Credit Account Name
Credit Account Type
Template Name
Memo
Initiate Date
Initiate Time
Initiated By
Completed Date
Completed Time
Total Number of Book Transfers:
Total Amount of Book Transfers:
--- End of Report ---
$3927.15 153499275813
CITY OF MONTCLAIR SUCCESSOR AGENCY
DOA
CITY OF MONTCLAIR GENERAL ACCOUNT
DOA
Reimb City for 04/13/23 Payroll
04/13/2023
03:26PM CDT
JKULBECK
04/13/2023
03:26PM CDT
2 $7,627.60
153499275805 Completed
Printed on 05/03/2023 at 1 :08 PM PDT
CITY OF MONTCLAIR
HOUSING CORPORATION
TREASURER'S REPORT
FOR THE MONTH ENDING
April 30, 2023
TABLE OF CONTENTS
SCHEDULE 1 - STATEMENT OF CASH AND INVESTMENTS
CASH AND INVESTMENTS GRAPH
Checking Account
US Bank
Investments
LAIF
CITY OF MONTCLAIR
HOUSING CORPORATION
STATEMENT OF CASH AND INVESTMENTS
April 30, 2023
Interest
Rate
2.85%
Market
Value
1,712,416.22
TOTAL CASH & INVESTMENTS
NOTE:
Schedule 1
Book
Value
117,340.03
1,744,889.91
1,862,229.94
Pursuant to the Corporation's Investment Policy, all moneys are invested in banks, the Local Agency Investment Fund, and in securities with maturities of no greater than three years.
The Corporation has sufficient funds available to meet expenditures during the upcoming six-month period.
The Corporation is in compliance with the internal control procedures set forth in its Investment Policy.
Checking Acct
6.3%
CITY OF MONTCLAIR
HOUSING CORPORATION
CASH AND INVESTMENTS GRAPH
April 30, 2023
Total Cash & Investments - $1,862,230
Local Agency Investment
Fund
93.7%
CITY OF MONTCLAIR
HOUSING CORPORATION
WARRANT REGISTER
FOR THE MONTH ENDING
April 30, 2023
ACH
Warrants Transfers
0.00 0.00
April 2023 Total
US Bank transfers:
Vice Chair Johnson
City of Montclair
Final Warrant Register
Council Date 05/15/2023
Regular Warrants
Checking Account: MHC
Voided
Checks
0.00 US Bank
transfers
173,070.47
Totals
173,070.47
173,070.47
Accounts Payable
Checks by Date - Summary by Check Number
User: cramirez
Printed: 5/3/2023 12:36 PM
MONTCLAIR
Check No Vendor No Vendor Name Check Date Check Amount
5452 ACIO00l ACI Flooring, Inc. 04/03/2023 9,641.27
5453 buch002 Buchbinder Maintenance, Inc. 04/03/2023 2,444.27 5454 land012 Landscape Maintenance Unlimited 04/03/2023 4,710.00 5455 mont074 Monte Vista Water District 04/03/2023 853.48 5456 Perf003 Perforn1ance Construction & Remodeling I1 04/03/2023 33,850.00 5457 Sout018 Southern California Edison Co 04/03/2023 25.91 5458 Sout021 Southern California Gas Co 04/03/2023 1,433.70 5459 Arti005 Artie Plumbing And Drain Cleaning 04/13/2023 468.00 5460 Denk00l Denkers Garage Doors 04/13/2023 775.00
5461 Hugo00l Hugo Jaramillo 04/13/2023 23,500.00
5462 mont002 City of Montclair 04/13/2023 11,331.60
5463 mont074 Monte Vista Water District 04/13/2023 884.01 5464 Perf003 Perforn1ance Construction & Remodeling I1 04/13/2023 13,200.00 5465 Sout018 Southern California Edison Co 04/13/2023 388.27 5466 ACIO00l ACI Flooring, Inc. 04/27/2023 5,751.23
5467 Arti005 Artie Plumbing And Drain Cleaning 04/27/2023 1,906.00 5468 land012 Landscape Maintenance Unlimited 04/27/2023 4,710.00 5469 mont074 Monte Vista Water District 04/27/2023 4,403.62 5470 Perf003 Performance Construction & Remodeling I1 04/27/2023 29,140.00 5471 Sout018 Southern California Edison Co 04/27/2023 371.49 5472 sout021 Southern California Gas Co 04/27/2023 974.64 5473 obli00l The Obliterator 04/27/2023 2,057.98
5474 JarCo00l Jaramillo Construction 04/27/2023 20,250.00 Report Total (23 checks): 173,070.47
AP Checks by Date - Summary by Check Number (5/3/2023 12:36 PM) Page 1
CITY OF MONTCLAIR
HOUSING AUTHORITY
TREASURER'S REPORT
FOR THE MONTH ENDING
April 30, 2023
Checking Account
US Bank
TOTAL CASH
NOTE:
CITY OF MONTCLAIR
HOUSING AUTHORITY
STATEMENT OF CASH
April 30, 2023
Schedule 1
Amount
3,179,582.44
$ 3,179,582.44
=========
During the upcoming month, surplus moneys will be invested in the Local Agency Investment Fund.
The MHA has sufficient monies available to meet expenditures during the next six month period.
CITY OF MONTCLAIR
HOUSING AUTHORITY
WARRANT REGISTER
FOR THE MONTH ENDING
April 30, 2023
Warrants
City of Montclair
Final Warrant Register
Council Date 05/15/2023
Regular Warrants
Checking Account: MHA
Voided US Bank
Checks transfers - out.
0.00 0.00 0.00
April 2023 Total
Vice Chair Johnson
Totals
0.00 0.00