Pittsburg City Council
March 21, 2022

CITY OF PITTSBURG
AGENDA
MARCH 21, 2022

CITY HALL COUNCIL CHAMBER
65 CIVIC AVENUE, PITTSBURG, CA
SPECIAL MEETING – PITTSBURG FINANCING AUTHORITY
5:30 P.M.

CLOSED SESSION
5:45 P.M.

REGULAR MEETINGS
7:00 P.M.

CITY COUNCIL

HOUSING AUTHORITY

PITTSBURG ARTS AND COMMUNITY FOUNDATION

PITTSBURG POWER COMPANY

SOUTHWEST PITTSBURG GEOLOGIC HAZARD ABATEMENT DISTRICT II

SUCCESSOR AGENCY

PRESIDING
Holland Barrett White, Mayor/Chair
Shanelle Scales-Preston, Vice- Mayor/Chair
Juan Antonio Banales, Council Member/Board Member
Jelani Killings, Council Member/Board Member
Marilyn “Merl” Craft, Council Member/Board Member
FOR HOUSING AUTHORITY:

S.L. Floyd, Housing Authority Member
Annie Hill Herring, Housing Authority Member
-------------------------------------------------------------------------------------------------------------------------- Pittsburg City Council meetings are held the first and third Mondays of each month at 7:00 p.m. The Housing Authority meets in conjunction with the City Council on the third Monday of each month. The Pittsburg City Council meets regularly in the Council Chamber at 65 Civic Avenue, unless otherwise noted above. The City Council also sits as the Board of Directors of several other City agencies. The stipends for all agency members conform to state statutes governing compensation amounts. All other Agencies meet on an as needed basis and will be listed above if applicable. Copies of the open session agenda packets, which are distributed to the City Council, are on file in the office of the City Clerk, 65 Civic Avenue, Pittsburg, California, and are available for public inspection, beginning 72 hours in advance, during normal business hours (8:00 a.m. – 5:00 p.m., Monday through Friday, except from noon to 1:00 p.m. and City holidays). The agenda and reports are also located on the City’s website at www.pittsburgca.gov. Additionally, if any reports or documents, which are public records, are distributed to the City Council less than 72 hours before the meeting, those reports and documents will also be available for public inspection in the City Clerk’s Office and on the day of the meeting in the Council Chamber at the public counter area below the dais. 1 5:30 P.M. - SPECIAL MEETING - PITTSBURG FINANCING AUTHORITY

ROLL CALL

PUBLIC COMMENTS

CONSENT CALENDAR

1. Adoption of a City of Pittsburg Public Financing Authority Resolution Revising the Regular Meeting Dates
The City of Pittsburg Public Financing Authority (“Authority”) proposes to revise its regular meeting dates so that they are held in conjunction with the regular meetings of the City Council of the City of Pittsburg.

2. Adoption of a City of Pittsburg Public Financing Authority Resolution Making Findings in Support of Continuing to Hold Public Meetings by Teleconference Pursuant to California Government Code Section 54953(e)
Assembly Bill 361 (AB 361) amended the Brown Act to allow local legislative bodies to continue to meet remotely during proclaimed states of emergency under specified conditions. Findings must be made every 30 days.

ADJOURN TO REGULAR MEETING

AUDIENCE REMARKS
The Audience Remarks period is for the public to comment on any items scheduled to be heard during the Closed Session portion of the meeting, if applicable.
5:45 P.M. - CONVENE IN CLOSED SESSION

3. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Section 54957.6:

City designated representatives: Garrett Evans, Maria Aliotti Employee organizations: American Federation of State, County, and Municipal Employees Local 512 Management/Professional/Confidential Unit and Miscellaneous A Unit; Pittsburg Police Officers’ Association; Pittsburg Police Managers Group; Teamsters Local 856; International Brotherhood of Electrical Workers Local 1295
Unrepresented employees: Management Group; Senior Executive Team

4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS pursuant to Section 54956.8:

Property: 4202 Hillview Drive (APN 089-075-001); Negotiator for the Housing Authority of the City of Pittsburg; Garrett Evans and Melaine Venenciano; Negotiating Party: Ronald and Linda Sadler; Under Negotiations: Both price and terms of payment
2 5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS pursuant to Section 54956.8:

Property: Empty lot directly southwest of the public boat launch ramps on Marina Boulevard (Currently housing modular buildings with addresses 27 and 31 Marina Boulevard); Negotiator for the City of Pittsburg: Garrett Evans and Sara Bellafronte; Negotiating Party: Global Resources Trading, LLC; Under Negotiations: Both price and terms of payment
7:00 P.M. - CONVENE IN OPEN SESSION FOR REGULAR MEETING

CALL TO ORDER

ROLL CALL

PLEDGE OF ALLEGIANCE

PROCLAMATIONS

6. Prescription Drug Abuse Awareness Month

7. Women's History Month

CITY MANAGER REPORTS/REMARKS
The City Manager may make brief announcements or informal comments at this time and brief the Council on items of interest. (No Action Required)

PUBLIC COMMENTS
See Public Advisory.

COMMITTEE REPORTS
Council Members may make a report on their committee assignments at this time. (see attached list of adhoc committees and other public agencies in which Council members particiapte). (No Action Required)

HOUSING AUTHORITY

PUBLIC HEARING

8. Adoption of a Housing Authority Resolution Approving the Public Housing Agency Annual Plan for 2022 and Authorizing the Executive Director to Submit the Public Housing Agency Annual Plan for 2022 to the U.S. Department of Housing and Urban Development
As required by the U.S. Department of Housing and Urban Development (“HUD”) and contained in CFR 24 parts 35 and 982, the Housing Authority of the City of Pittsburg (the “Housing Authority”) has prepared its Public Housing Agency Annual Plan for 2022 (“PHA Annual Plan for 2022”). HUD requires all public housing agencies to submit their annual plan for review. The PHA Annual Plan for 2022 summarizes the activities proposed by the Housing Authority for the next year as well as updates or revises the 5-Year Plan submitted in 2020. 3 CONSENT CALENDAR

9. Minutes of January 18, 2022

10. Disbursement List of December 31, 2021 and January 31, 2022

11. Adoption of a Housing Authority Minute Order Approving an Annual Report Pursuant to SB 341
The Housing Authority of the City of Pittsburg (Housing Authority) has reviewed and considered the Housing Successor Agency’s annual report regarding housing activities through June 30, 2021 (Report).

HOUSING AUTHORITY MEMBER REMARKS

ADJOURNMENT OF THE HOUSING AUTHORITY

CITY COUNCIL MEETING

CONSIDERATION

12. Adoption of a City Council Resolution Approving the Sixth Amendment to Amended and Restated Purchase and Sale Agreement by and Between the City of Pittsburg and Stay Cal Pittsburg LLC, Authorizing the City Manager to Negotiate and Execute Amendments and Agreements to Carry Out the Sixth Amendment, and Adopting an Economic Development Subsidy Report
On December 5, 2018, the City and Stay Cal Pittsburg LLC (“Stay Cal”) entered into an Amended and Restated Purchase and Sale Agreement (“Agreement”) regarding Stay Cal’s acquisition of real property located at the southwest corner of Center Drive and Railroad Avenue (APN 086-100-045) for construction of a hotel (“Project”).

This Sixth Amendment to the Agreement would extend certain dates within the Schedule of Performance; modify and update the amount and type of City financial assistance including the term, repayment, fee deferral, and City contribution; transit occupancy tax; permitted transfers and use of proceeds; and reversion rights.

Pursuant to the Requirements of state law, the City has prepared and published an Economic Development Subsidy Report.

CONFLICT OF INTEREST STATEMENT
City Council/Agency Members may make any conflict of interest declarations pertaining to Consent Calendar items at this time.

COMBINED CITY COUNCIL, PITTSBURG ARTS AND COMMUNITY FOUNDATION, PUBLIC

FINANCING AUTHORITY, PITTSBURG POWER COMPANY, SUCCESSOR AGENCY AND

SOUTHWEST PITTSBURG GHAD II CONSENT CALENDAR

13. Minutes of March 7, 2020

14. Adoption of a City Council Resolution to Establish the 2022/2023 Annual Stormwater Utility Area Fee
4 Each year, the City Council establishes the amount of the Stormwater Utility Area fee paid by property owners to support drainage maintenance and other activities required by the federal Clean Water Act and the City’s Joint Municipal permit for the National Pollutant Discharge Elimination System (NPDES) program. Staff recommends no change be made to the current fee, which is $30.00 per Equivalent Runoff Unit (ERU). No increase is proposed.

15. Adoption of a City Council Resolution Approving a Lease Agreement by and Between the City of Pittsburg and Approved Auto Center of Pittsburg The City owns certain real property located at 2101 Railroad Avenue, also known as Contra Costa County Assessor’s Parcel Number 088-171-035 (Property). The City proposes to enter into a three (3) year lease agreement (Lease) with Approved Auto Center of Pittsburg (Lessee) with one (1) option to extend (Option to Extend) for an additional five (5) years with the City’s approval.

16. Adoption of a City Council Resolution Authorizing the City Manager to Appoint a Financing Team for a Potential Water Revenue Bond Financing and to Negotiate and Execute the Necessary Contracts or Agreements to Retain Such Services City staff anticipate issuing at least one series of water revenue bonds in calendar year 2022 to secure funding for critical capital projects. City staff plan to engage Stradling Yocca Carlson & Rauth as bond and disclosure counsel, NHA Advisors LLC as municipal advisor, and Piper Sandler & Co. as underwriter (collectively, the “Financing Team”). The Financing Team will be paid on a contingent basis, out of the proceeds of the potential water revenue bonds.

17. Receive and file the City’s other Miscellaneous Reports: Independent Accountants’ Report on Agreed-Upon Procedures Applied to Appropriations Limit Schedule for 2021-2022, Memorandum on Internal Controls and Required Communication for Fiscal Year Ended June 30, 2021.

The miscellaneous reports are in connection with the Annual Comprehensive Financial Report (ACFR). The ACFR was approved by council on January 18, 2022. The City received an unqualified or “clean opinion” by the City’s auditing firm, Maze and Associates, Certified Public Accountants.

18. Adoption of a City Council Resolution To Approve Bylaws for Youth Advisory Commission
The City Council approved a Handbook for City Advisory Bodies to guide and assist them in the performance of their duties. Staff recommends the City Council approve a Resolution to adopt the bylaws for the Youth Advisory Commissions to be consistent with the Handbook.

19. Adoption of a City Council Resolution Approving Amendment #3 to the Employment Agreement for the City Manager
On February 4, 2019, the City Council approved the appointment of Garrett Evans as City Manager and entered into an Employment Agreement. The Employment 5 Agreement has been amended twice. The resolution would authorize an amendment to increase the salary.

COUNCIL REQUEST FOR FUTURE AGENDA ITEMS
Council Members may request items to be considered for future agendas. An item will only be brought forward with a majority vote and will appear on a future agenda with staff recommendations for further Council consideration.

COUNCIL MEMBER REMARKS
Council Members may make brief announcements or informal comments at this time. (No Action Required) ADJOURNMENT to April 4, 2022
6 PUBLIC ADVISORY:

THE CITY COUNCIL CHAMBER WILL NOT BE OPEN TO THE PUBLIC This meeting will be held in compliance with California Government Code Section 54953(e)(2), which was added by Assembly Bill 361 which became effective Oct. 1, 2021, pursuant to the Governor’s Executive Order N-15-21. On November 29, 2021, the City Council authorized hybrid meetings of the City Council and Commissions upon findings made in Resolution 21-13997 as required by state law. In addition, all Boards authorized teleconferenced meetings. City Council Members/Board Members/Commissioners and appropriate staff will be participating virtually. The Public will continue virtual participation via Zoom. Pursuant to Government Code Section 54953(e)(3), the Council/Board/Commission authorization is effective for 30 days and may be extended every 30 days if the Council/Board/Commission makes required findings.

The public is invited to watch and participate in meetings via the methods listed below:

Watch the live meeting via the City’s webcast (www.pittsburgca.gov), or on Delta TV Comcast Channel 32, or Delta TV AT&T U-Verse Channel 99.

Members of the public may comment live via Zoom video conferencing. Download Zoom from its website:
www.zoom.com. Zoom also allows you to join the meeting by phone. Join the meeting at any point but be sure you are in the meeting prior to the City Council/Board/Commission consideration of the item on which you would like to provide comment.

From a PC, Mac, iPad, iPhone or Android:
 Webinar ID: 836 7483 4435
 Passcode: 106491
 By phone: US: +1-669-900-6833 or +1346-348-7799
Speakers are asked to provide their name and city of residence for the record, although providing this is not required for participation.

Each speaker will be afforded up to 3 minutes to speak (at the discretion of the Mayor/Chair).

When the Mayor/Chair opens a public comment period on the item on which you would like to comment, please use the “Raise Hand” feature (or press *9 if connecting via telephone) which will alert staff that you have a comment to provide. You will be invited to speak when it is your turn. Speakers will be muted until their opportunity to provide public comment. You will not be seen or heard until it is your turn to speak. You will be muted again after the allotted time to speak. Just as in a live meeting inside the Council Chamber, only one comment per agenda item per person is allowed.

When making public comment during the meeting, please

1. Try to be in a room or space without a lot of background noise.

2. Mute your microphone until it is your turn to speak, then mute your speakers while speaking.

3. Have a strong, reliable internet connection or cell phone signal.

In the event of a disruption which prevents the City Council/Board/Commission from broadcasting the meeting to the public or from receiving public comment, no further action will be taken at the meeting.

Written comments provided by the public will be accepted and given to the Council/Board/Commission although they will not be read at the meeting.
7 NOTICE TO PUBLIC

GENERAL INFORMATION
Copies of the open session agenda packets, which are distributed to the City Council, are on file in the office of the City Clerk, 65 Civic Avenue, Pittsburg, California, and are available for public inspection, beginning 72 hours in advance, during normal business hours (8:00 a.m. – 5:00 p.m., Monday through Friday, except City holidays). The full packets are also located on the City’s website at www.pittsburgca.gov. If any reports or documents, which are public records, are distributed to the City Council less than 72 hours before the meeting, those reports or documents will be available for public inspection in the City Clerk’s Office and on the day of the meeting in the Council Chamber at the public counter area below the dais.

SPEAKER’S CARD
Members of the audience who wish to address the City Council on issues that are not scheduled for the agenda and on any items listed as part of the agenda should complete a Speaker’s Card available at the dais. Please read the card carefully in order to fill out the card properly. Submit the completed card to the City Clerk before the item is called, preferably before the meeting begins. Individuals will be given up to three minutes to address the Council unless additional time is allowed as provided for spokespersons. Speakers are not permitted to yield their time to another speaker. Prior to speaking, each member of the public shall state their name and business and City of residence in a clear and audible tone of voice. Pursuant to the Brown Act, no action may be taken by the City Council on items not already scheduled on the agenda; however, the City Council may refer your comments/concerns to staff or request that the item be placed on a future agenda.

PUBLIC HEARINGS
Persons who wish to speak on Public Hearings listed on the agenda will be heard when the Public Hearing is opened, except on Public Hearing items previously heard and closed to public comment. After the public has commented, the item is closed to public comment and brought to the Council/Agency level for discussion and action. Further comment from the audience will not be received unless requested by the Council/Agency.

There is a 90-day limit for the filing of a challenge in the Superior Court to certain City administrative decisions and orders which require a hearing by law, the receipt of evidence, and the exercise of discretion. The 90-day limit begins on the date the decision is final (Code of Civil Procedure Section 1094.6). Further, if you challenge an action taken by the City Council in court, you may be limited, by California law, including but not limited to Government Code Section 65009, to raising only those issues you or someone else raised in the public hearing, or in written correspondence delivered to the City Council prior to or at the public hearing. The City Council may be requested to reconsider a decision if the request is made prior to the next City Council meeting, regardless of whether it is a regular or special meeting.

NOTICE TO THE DISABLED AND VISUALLY OR HEARING IMPAIRED In compliance with the Americans with Disabilities Act, the City of Pittsburg will provide special assistance for disabled citizens. Upon request, an agenda for any meeting shall be made available in appropriate alternative formats. The Council Chamber is equipped with sound amplifier units for use by the hearing impaired. The units operate in conjunction with the Chamber’s sound system. You may request the sound amplifier from the City Clerk for personal use during Council meetings. If you need special assistance to participate in this meeting, or are requesting a specially formatted agenda, please contact the City Clerk at 925-252-4850. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting or provide the requested agenda format. (28 CFR 35.102-35.104 ADA Title II)

DISRUPTIVE CONDUCT
The Council requests that you observe the order and decorum of our Council Chamber by turning off or setting to vibrate all cellular telephones and electronic devices, and that you refrain from making personal, impertinent, or slanderous remarks. Boisterous and disruptive behavior while the Council is in session, and the display of signs in a manner which violates the rights of others or prevents others from watching or fully participating in the Council meeting, is a violation of our Municipal Code and any person who engages in such conduct can be ordered to leave the Council Chamber by the Mayor.

LIVE MEDIA BROADCASTING ADVISEMENT
City Council meetings are webcast live on the City’s website at www.pittsburgca.gov on the Streaming Media page.

Past meetings are also archived on that webpage. Watch the live meeting via the City’s webcast (www.pittsburgca.gov), or on Delta TV Comcast Channel 32, or Delta TV AT&T U-Verse Channel 99. For more information, please contact the City Clerk’s office at 252-4850. 8 City Council Outside Agency / Liaison / Sub-Committees Assignments - 2022 Updated December 20, 2021

OUTSIDE AGENCY BOARDS COUNCIL MEMBER(S) TYPE MEETS STAFF ABAG Shanelle Scales-Preston / Holland White Alt. Standing Annual G. Evans Delta Diablo** Juan Banales / Shanelle Scales-Preston Alt. Standing 2nd Wednesday R. Abono East Co. Co. County Habitat Conservancy Juan Banales / Jelani Killings Alternate Standing Monthly Planning East County Water Management Juan Banales / Jelani Killings Alternate Standing Annual R. Abono MCE Clean Energy Board Shanelle Scales-Preston / Holland White Alt. Standing 4 Per Year D. Buchanan TRANSPLAN / ECCRFFA Holland White / Juan Banales Alternate Standing 2nd Thursday R. Abono Tri-Delta Transit (2 reps)*** S. Scales-Preston & Merl Craft / Jelani Killings Alt. Standing Last Wednesday R. Abono

LIAISON TO COUNCIL MEMBER(S) TYPE MEETS STAFF
East Bay League of Calif. Cities Shanelle Scales-Preston / Merl Craft Alt. Standing 3rd Thursday *Rotational Mayor’s Conference Holland White / Shanelle Scales-Preston Alt. Standing 1st Thursday G. Evans School Districts Committee (2x2) Shanelle Scales-Preston & Merl Craft / Jelani Killings Alt. Standing 2nd Thursday G. Evans even months

SUBCOMMITTEES COUNCIL MEMBER(S) TYPE MEETS STAFF
American Rescue Plan Act (ARPA) Holland White / S. Scales-Preston / Juan Banales Alt. Ad Hoc As needed G. Evans CAC CDBG Subcommittee S. Scales-Preston & Jelani Killings / Holland White Alt. Standing As needed M. Aliotti City Council Policy and Procedures Review Juan Banales & Merl Craft Ad Hoc As needed G. Evans City Infrastructure and Transportation (2) S. Scales-Preston & Juan Banales / Holland White Alt. Standing As needed G. Evans Community Services Subcommittee Merl Craft & Shanelle Scales-Preston / Juan Banales Alt. Standing As needed M. Aliotti Constituent Management Services S. Scales-Preston & Juan Banales / Holland White Alt. Ad Hoc As needed G. Evans Government Performance Subcommittee Holland White & Jelani Killings Ad Hoc As needed G. Evans Hills Committee Juan Banales & Jelani Killings / Merl Craft Alt. Ad Hoc As needed G. Evans Pittsburg Recognition Committee Holland White / Shanelle Scales-Preston Alt. Standing As needed J. Hecht Economic Develop/Waterfront Subcommittee Jelani Killings & Holland White / S. Scales-Preston Alt. Standing As needed J. Davis Finance Subcommittee (1) Juan Banales & Holland White / S. Scales-Preston Alt. Standing As needed P. Rodrigues Land Use Subcommittee (3) Juan Banales & Holland White / S. Scales-Preston Alt. Standing As needed J. Davis Pittsburg Arts & Community Foundation Merl Craft & S. Scales-Preston / Jelani Killings Alt. Standing As needed G. Evans Pittsburg Police Activities League (PAL) Holland White & S. Scales-Preston / Jelani Killings Alt. Standing Monthly B. Addington Power Company Advisory Holland White & S. Scales-Preston / Juan Banales Alt. Standing As needed D. Buchanan Public Safety Subcommittee Holland White & Shanelle Scales-Preston Standing As needed B. Addington Sister City Committee Jelani Killings & Holland White / Merl Craft Alt. Standing As needed K. Simonton *Rotational Staff as assigned by City Manager
**Stipend of $170 per month
***Stipend of $100 per month
9 OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Chair and Governing Board Members
FROM: Garrett Evans, Executive Director
SUBJECT: Adoption of a City of Pittsburg Public Financing Authority Resolution Revising the Regular Meeting Dates
MEETING DATE: March 21, 2022

EXECUTIVE SUMMARY
The City of Pittsburg Public Financing Authority (“Authority”) proposes to revise its regular meeting dates so that they are held in conjunction with the regular meetings of the City Council of the City of Pittsburg.

FISCAL IMPACT
Revising the Authority’s regular meeting dates has no fiscal impact to the General Fund.

RECOMMENDATION
The Governing Board of the Authority (Board) adopt the Resolution revising the regular meeting dates so that they are held in conjunction with the regular meetings of the City Council.

BACKGROUND
The Authority is a public entity that is duly organized and existing under the Joint Exercise of Powers Agreement, dated January 1, 1991 (the “JPA Agreement”), by and between the City, by City Resolution 91-7648 and the former Redevelopment Agency of the City of Pittsburg (the “Agency”), by Agency Resolution 91-300, and under the Constitution and laws of the State of California, including but not limited to Article 4 thereof, known as the “Marks- Roos Local Bond Pooling Act of 1985,” Government Code Section 6584 et seq. (the “Act”).

Section 4.C(1) of the JPA Agreement provides that the Authority shall fix the date, hour and place of the holding of regular meetings. Pursuant to Resolution No. 91-1 adopted by the Board on January 22, 1991, established the third Monday in January as the date of regular meetings of the Authority.
10 Staff expects to bring an Authority bond issuance (the “Proposed 2022 Water Bonds”) to the Board for consideration later this calendar year. The Proposed 2022 Water Bonds, if issued, are expected to finance elements of the capital program for the water utility.

Pursuant to legislation in 2010 (Government Code § 6592.1), which comprises part of the Act, the Authority must approve the issuance of bonds at a regular meeting. In order to prepare for the Proposed 2022 Water Bond financing, it is in the Authority’s best interest to establish regular meeting dates more frequently than once per year, as the Authority would not be able to approve the Proposed 2022 Water Bond financing until January 2023 under the regular meeting schedule established by Resolution No. 91-1. Waiting until January 2023 could delay the receipt of bond proceeds and expose the City to the risk that interest rates increase between now and January 2023.

SUBCOMMITTEE FINDINGS
Revising the regular meetings dates of the Authority was not discussed in a subcommittee.

STAFF ANALYSIS
Under Government Code § 6592.1, the Authority must approve bonds at a regular meeting.

Currently, the Authority holds only one regular meeting per year.

In order to enable the City to proceed with bond issuances, which include the Proposed 2022 Water Bonds in a timely manner, including making funds available at the time they are needed to carry out capital and other projects and borrowing funds at the lowest interest cost, it is in the interest of the City and the Authority to empower the Authority to approve the issuance of bonds more frequently than once per year.

The attached Resolution will enable the Authority to hold its regular meetings in conjunction with the regular meetings of the City Council, beginning at 7:00 p.m. on the first and third Mondays of the month at City Hall. In the event that a regular meeting falls on a recognized state or federal holiday, the meeting shall be held on the next calendar day at 7:00 p.m. The attached Resolution will also rescind Resolution 91-1 to the extent that such resolution established a single annual regular meeting of the Authority. In the event that the Authority has no business to conduct at a given regular meeting, the Resolution provides that the Authority meeting may be suspended.

ATTACHMENTS: Resolution
Report Prepared By: Maria M. Aliotti, Deputy City Manager 11 Resolution No. 22-___ Page 1 of 2 March 21, 2022
4888-8440-4243v1/200972-0001

BEFORE THE GOVERNING BOARD OF THE CITY OF PITTSBURG

PUBLIC FINANCING AUTHORITY
In the Matter of:

Revising the Regular Meetings Dates of )
The City of Pittsburg Public Financing ) RESOLUTION NO. 22- Authority )

WHEREAS, the City of Pittsburg Public Financing Authority (the “Authority”) is a public entity that is duly organized and existing under the Joint Exercise of Powers Agreement, dated January 1, 1991 (the “JPA Agreement”), by and between the City, by City Resolution 91-7648 and the former Redevelopment Agency of the City of Pittsburg (the “Agency”), by Agency Resolution 91-300, and under the Constitution and laws of the State of California (the “State”), including but not limited to Article 4 thereof, known as the “Marks-Roos Local Bond Pooling Act of 1985,” Government Code Section 6584 et seq.; and
WHEREAS, Section 4.C(1) of the JPA Agreement provides that the Authority shall fix the date, hour and place of the holding of regular meetings by resolution of the governing board of the Authority (the “Board”); and
WHEREAS, pursuant to Resolution No. 91-1 adopted by the Board on January 22, 1991, regular meeting dates of the Authority are held on the third Monday in January; and
WHEREAS, the Authority proposes to revise its regular meeting dates so that they are held in conjunction with the regular meetings of the City Council of the City of Pittsburg.

NOW, THEREFORE BE IT RESOLVED that the Governing Board of the City of Pittsburg Public Financing Authority hereby:

1. Determines that the Authority shall hold its regular meetings in conjunction with the regular meetings of the City Council, beginning at 7:00 p.m. on the first and third Mondays of the month at City Hall. In the event that a regular meeting falls on a recognized state or federal holiday, the meeting shall be held on the next calendar day at 7:00 p.m. In addition, if Authority has no business to conduct at a given regular meeting, this Resolution provides that the Authority meeting may be suspended; and

2. Rescinds Section 2 of Resolution 91-1.
12 Resolution No. 22-___ Page 2 of 2 March 21, 2022
4888-8440-4243v1/200972-0001
PASSED AND ADOPTED by the Governing Board of the City of Pittsburg Public Financing Authority at a special meeting on the 21 st day of March 2022 by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Holland Barrett White, Chair
ATTEST:

Alice E. Evenson, Secretary
13 OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Chair and Governing Board Members
FROM: Garrett Evans, Executive Director
SUBJECT: Adoption of a City of Pittsburg Public Financing Authority Resolution Making Findings in Support of Continuing to Hold Public Meetings by Teleconference Pursuant to California Government Code Section 54953(e)
MEETING DATE: March 21, 2022

EXECUTIVE SUMMARY
Assembly Bill 361 (AB 361) amended the Brown Act to allow local legislative bodies to continue to meet remotely during proclaimed states of emergency under specified conditions. Findings must be made every 30 days.

FISCAL IMPACT
There is no fiscal impact to the General Fund by this action.

RECOMMENDATION
The Governing Board (Board) of the City of Pittsburg Public Financing Authority (Authority) adopt the attached resolution approving meetings to be held by teleconference through April 3, 2022, in compliance with California Government Code Section 54953(e), at which time meetings will revert to in-person in the Council Chamber, along with in-person public participation.

BACKGROUND
Beginning in March 2020, Governor Newsom issued a series of Executive Orders aimed at containing the novel coronavirus, also known as COVID-19. Among these were Executive Orders N-25-20 and N-29- 20 (collectively, the “Brown Act Orders”), that waived requirements in the Brown Act expressly or impliedly requiring the physical presence of legislative body members, staff, or the public at local agency meetings.

On June 11, 2021, the Governor Newsom issued Executive Order N-08-21, to begin winding down some of the prior measures that were adopted in respond to COVID-19. Notably, N- 08-21 established an end date to the Brown Act Orders, effective September 30, 2021. 14 On September 16, 20 21, Governor Newsom signed Assembly Bill 361 which amended the Brown Act to allow local legislative bodies to continue to meet remotely during proclaimed states of emergency under specified conditions and so long as certain findings are made by a majority of the legislative body.

SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.

STAFF ANALYSIS
Local legislative bodies such as the Authority, who wish to continue meeting by teleconference, must comply with the requirements of California Government Code Section 54953, which was amended by AB 361.

Specifically, newly amended Government Code Section 54953 requires the following procedures:
• Give notice and post agendas as otherwise required by the Brown Act; • List on the agenda how the public can electronically attend and comment at the meeting. Note that a public agency is not required to offer an in-person option for the public to attend and comment at such a meeting;
• Provide an opportunity to comment in advance of and during the meeting; • Allow a reasonable amount of time to register, if required, and comment on each agenda item or at least the amount of time allowed per agency meeting protocols, whichever is longer;
• No action may be taken during a disruption that inhibits the broadcast of the meeting or the public’s ability to comment;
• All votes must be via rollcall;
• Comply with state and federal civil rights and non-discrimination laws; and • Take all precautions to protect the statutory and constitutional rights of the public.

While it only applies in situations where the governor has proclaimed a state of emergency, and not, for instance, when only a local health officer has declared an emergency, AB 361 provides an explicit avenue for local public agencies to meet remotely in the case of a public health, or other, emergency that inhibits the opportunity to meet in person. AB 361 provides the flexibility to meet by teleconference through December 31, 2023, unless extended.

As COVID-19 waned in November 2021, the local legislative bodies authorized partially teleconferenced meetings, with members of the bodies attending in person. However, given the spike in COVID-19 cases in January 2022, a return to fully teleconferenced meetings was warranted. The accompanying resolution, if approved, would authorize teleconferenced meetings of the Authority through April 3, 2022, in compliance with California Government Code Section 54953(e), at which time meetings will revert to in-person in the Council Chamber, along with in-person public participation
ATTACHMENTS: Resolution
Report Prepared By: Maria M. Aliotti, Deputy City Manager 15 Resolution No. 22-___ Page 1 of 2 March 21, 2022

BEFORE THE GOVERNING BOARD OF THE CITY OF PITTSBURG

PUBLIC FINANCING AUTHORITY
In the Matter of:

Making Findings in Support of Continuing to )
Hold Public Meetings by Teleconference ) RESOLUTION NO. 22- Pursuant to California Government Code )
Section 54953(e) )

WHEREAS, on March 4, 2020, the Governor of the State of California proclaimed a state of emergency due to COVID-19; and
WHEREAS, on March 10, 2020, the Contra Costa County Board of Supervisors issued an emergency proclamation to respond to COVID-19; and WHEREAS, on March 12, 2020, Governor Newsom issued Executive Order N- 25-20, which suspended specified requirements under the Brown Act with regard to teleconferenced meetings of legislative bodies during the period in which state or local public health officials have imposed or recommended measures to promote social distancing; and
WHEREAS, on March 16, 2020, the City Council proclaimed the existence of a local emergency in response to COVID-19; and
WHEREAS, on March 17, 2020, the Governor issued Executive Order N-29-20, which modified and replaced the Brown Act language of Executive Order N-25-20, continuing to suspend specified requirements under the Brown Act for teleconferenced meetings of legislative bodies during the period in which state or local public health officials have imposed or recommended social distancing measures; and WHEREAS on June 11, 2021, the Governor issued Executive Order N-08-21, which modified and replaced the Brown Act language of Executive Order N-29-20 and set forth an end date of September 30, 2021; and
WHEREAS, on September 16, 2021, the State Legislature passed Assembly Bill 361, which was signed into law by Governor Newsom on September 19, 2021. AB 361 amended the Brown Act at Government Code Section 54953 to allow, through December 31, 2023, a legislative body to use teleconferencing without adhering to specified requirements so long as, among other circumstances, the meeting is held during a proclaimed state of emergency and state or local officials have imposed or recommended measures to promote social distancing, and so long as the legislative body reconsiders the circumstances every 30 days; and
16 Resolution No. 22-___ Page 2 of 2 March 21, 2022
WHEREAS, on September 20, 2021, the Contra Costa County Health Officer issued recommendations for public meetings, which recommendations include social distancing, and Resolution No. 22- Page 2 of 2 March 7, 2022; and WHEREAS, on October 4, 2021, and November 1, 2021, the City Council adopted a resolution authorizing teleconferenced meetings for the City Council, commissions, and subcommittees; and
WHEREAS, following an improvement in the COVID-19 cases, the City Council adopted resolutions on November 29, 2021, December 20, 2021, January 18, 2022 and February 7, 2022, to authorize meetings with public participation by teleconference and in-person attendance by members of the City Council and commissions, and otherwise fully teleconferenced meetings for subcommittees; and
WHEREAS, with the emergence of the Omicron variant, which may spread more easily, and in the wake of holiday gatherings, the incidence of COVID-19 increased in January 2022, thereby returning to fully teleconferenced meetings, as authorized by AB 361.

NOW, THEREFORE BE IT RESOLVED that the Governing Board of the City of Pittsburg Public Financing Authority hereby:

1. Makes the findings that the circumstances of the state of emergency have been reconsidered. The state of emergency declared by Governor Newsom has not been terminated. The state of emergency declared by the County Board of Supervisors has not been terminated. The state of emergency declared by the City Council has not been terminated.

2. Makes the findings that the State or local officials continue to impose or recommend measures to promote social distancing. The County Health Official on September 21, 2021, issued a recommendation for social distancing, among other recommendations, during public meetings.

3. Approves meetings to be held by teleconference through April 3, 2022, in compliance with California Government Code Section 54953(e), at which time meetings will revert to in-person in the Council Chamber, along with in-person public participation. 17 Resolution No. 22-___ Page 3 of 2 March 21, 2022
PASSED AND ADOPTED by the Governing Board of the City of Pittsburg Public Financing Authority at a special meeting on the 21st day of March 2022, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
___________________________
Holland Barrett White, Mayor
ATTEST:
_______________________________
Alice E. Evenson, City Clerk
18 19
20 OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Chair and Governing Board Members
FROM: Garrett Evans, Executive Director
SUBJECT: Adoption of a Housing Authority Resolution Approving the Public Housing Agency Annual Plan for 2022 and Authorizing the Executive Director to Submit the Public Housing Agency Annual Plan for 2022 to the U.S. Department of Housing and Urban Development
MEETING DATE: March 21, 2022

EXECUTIVE SUMMARY
As required by the U.S. Department of Housing and Urban Development (“HUD”) and contained in CFR 24 parts 35 and 982, the Housing Authority of the City of Pittsburg (the “Housing Authority”) has prepared its Public Housing Agency Annual Plan for 2022 (“PHA Annual Plan for 2022”). HUD requires all public housing agencies to submit their annual plan for review. The PHA Annual Plan for 2022 summarizes the activities proposed by the Housing Authority for the next year as well as updates or revises the 5-Year Plan submitted in 2020.

FISCAL IMPACT
There is no fiscal impact to adopting this Resolution. However, housing authorities that fail to submit their annual plan will not receive federal funding until their annual plan has been submitted and subsequently approved by HUD. If the Housing Authority fails to submit its PHA Annual Plan for 2022 in a timely manner, HUD may impose sanctions.

RECOMMENDATION
The Governing Board of the Housing Authority open the public hearing, receive public comment, close the public hearing and adopt the Resolution for approval and submission of the PHA Annual Plan for 2022.
21 BACKGROUND
In compliance with federal legislation, the Housing Authority has prepared its PHA Annual Plan for 2022 for submission to HUD; addressing the delivery of housing services in Pittsburg, and thereby satisfying HUD’s requirement to prepare and submit the PHA Annual Plan annually, subsequent to the 5-year plan which was submitted in 2020. There were no significant policy changes in this years’ annual plan.

SUBCOMMITTEE FINDINGS
As part of the HUD requirement for submission of the PHA Annual Plan for 2022, staff met with the Resident Advisory Board (“RAB”) to solicit feedback on the PHA Annual Plan for 2022. The RAB is comprised of any Section 8 participant wishing to participate and meets only for the purpose of providing comments on the annual plan.

The RAB met on January 25, 2022 and no comments regarding the proposed Annual Plan were provided. Therefore, no relevant comments are included within the PHA Annual Plan for 2022.

STAFF ANALYSIS
The Housing Authority has prepared the PHA Annual Plan for 2022, specifying the Housing Authority's goals for providing housing and offering support to families needing such assistance. It further outlines how the Housing Authority will utilize its 948 Section 8 Housing Choice Vouchers and its 185 Veterans Affairs Supportive Housing Vouchers, also referred to as VASH, thereby authorizing ongoing program funding.

The Notice of Public Hearing was published on January 25, 2022.

ATTACHMENTS: Exhibit A – Annual Plan for 2022 – HUD Form 50075 HP Exhibit B – Certification - HUD Form 50077 -ST-HCV-HP
Report Prepared By: Bruce Smargiasso, Housing Manager
22 Resolution No. 22- Page 1 of 1 March 21, 2022

BEFORE THE GOVERNING BOARD OF THE HOUSING AUTHORITY

OF THE CITY OF PITTSBURG
In the Matter of:

Approving the Public Housing Agency Annual )
Plan for 2022 and Authorizing the Executive )
Director to Submit the Public Housing Agency ) RESOLUTION NO. 22 - Annual Plan for 2022 to the U.S. Department )
of Housing and Urban Development )
WHEREAS, in compliance with federal legislation, the Housing Authority of the City of Pittsburg (the “Housing Authority”) has prepared the Public Housing Agency Annual Plan for 2022 (“PHA Annual Plan for 2022”) addressing the delivery of housing services in the Pittsburg community and thereby, satisfying the U.S. Department of Housing and Urban Development (“HUD”) requirements to submit an annual plan; and WHEREAS, a Notice of Public Hearing was published in the East County Times on January 25, 2022, commencing the 45-day period to submit written comments. The PHA Annual Plan for 2022 was also made available for review at the Housing Authority located at 916 Cumberland Street, Pittsburg, CA 94565. The public hearing scheduled is to address any written comments received during the public noticing period and to allow comments prior to the PHA Annual Plan for 2022 being approved by the Governing Board of the Housing Authority and submitted to HUD; and
WHEREAS, the adoption of the PHA Annual Plan for 2022 is in the best interest of the citizens of Pittsburg.

NOW, THEREFORE, BE IT RESOLVED that the Housing Authority of the City of Pittsburg hereby approves the PHA Annual Plan for 2022 and authorizes the Executive Director to submit the PHA Annual Plan for 2022 to HUD.

PASSED AND ADOPTED by the Governing Board of the Housing Authority of the City of Pittsburg at a regular meeting on the 21st day of March 2022, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
____________________________
Holland Barrett White, Chair
ATTEST:
______________________________
Alice E. Evenson, City Clerk
23 Admin Plan Changes.

The changes in Chapter 4 include revisions to the Wait List Policy creating future wait lists in smaller increments that expire every two years. These revisions are intended to reduce the time applicants are waiting to be offered assistance. Designing the list to expire every two years will give more applicants more frequent chances to be selected and reduce the administrative burden of keeping the list updated.

The changes in Chapter 5 clarify the family composition when considering a pregnant woman to include two applicants. This language is required to meet HUD’s latest update.

The changes in Chapter 11 clarifies language about adding other adult members providing families opportunities for other adults to be added without impacting the budgetary constraints that earlier policies were designed to address.

The changes in Chapter 17 introduce recent revisions in outreach methodology language to implement the project-based voucher (PBV) program. This new language will ensure the Housing Authority’s Administrative plan is compliant with the recruitment of applicants for Veteran’s Square.
24 Housing Authority of the City of Pittsburg
Public Housing Agency (PHA) Annual Plan
Housing Authority
of the
125
Definition & Purpose
The Public Housing Agency (PHA) Plan is a
plan that informs HUD, residents, and the
public of the PHA’s mission for serving the
needs of low-income and very low-income
families and the PHA’s strategy for
addressing those needs.
226
Definition & Purpose
PHAs must submit 5-year plans for tenant-
based assistance and public housing
programs (2020). Some PHAs are also
required to submit annual plans to
supplement the 5-year plans (2022).
3 27
Annual Plan Goals
• Achieve organizational excellence.
• Maximize use of Housing Choice Voucher
allocation to provide housing assistance to
low-income families.
• Improve the quality of assisted housing.
4 28
Resident Advisory Board Meeting
• Resident Advisory Board (Virtual) meeting
occurred in February 2022.
• RAB Advocacy suggestions were provided.
529
The Governing Board of the Housing
Authority open the public hearing, receive
testimony, close the public hearing,
consider the public comments, and adopt
the Resolution approving the PHA Annual
Plan for 2022.

Recommendation
630
Housing Authority of the City of Pittsburg
Public Housing Agency (PHA) Annual Plan
Questions ?

Housing Authority
of the
131
Streamlined Annual
PHA Plan
(High Performer PHAs)
U.S. Department of Housing and Urban Development
Office of Public and Indian Housing
OMB No. 2577-0226
Expires: 02/29/2016

Purpose. The 5-Year and Annual PHA Plans provide a ready source for interested parties to locate basic PHA policies, rules, and requirements concerning the PHA’s operations, programs, and services, and informs HUD, families served by the PHA, and members of the public of the PHA’s mission, goals and objectives for serving the needs of low- income, very low- income, and extremely low- income families Applicability. Form HUD-50075-HP is to be completed annually by High Performing PHAs. PHAs that meet the definition of a Standard PHA, Troubled PHA, HCV-Only PHA, Small PHA, or Qualified PHA do not need to submit this form.

Definitions.
(1) High-Performer PHA – A PHA that owns or manages more than 550 combined public housing units and housing choice vouchers, and was designated as a high performer on both of the most recent Public Housing Assessment System (PHAS) and Section Eight Management Assessment Program (SEMAP) assessments.
(2) Small PHA - A PHA that is not designated as PHAS or SEMAP troubled, or at risk of being designated as troubled, and that owns or manages less than 250 public housing units and any number of vouchers where the total combined units exceeds 550. (3) Housing Choice Voucher (HCV) Only PHA - A PHA that administers more than 550 HCVs, was not designated as troubled in its most recent SEMAP assessment, and does not own or manage public housing.
(4) Standard PHA - A PHA that owns or manages 250 or more public housing units and any number of vouchers where the total combined units exceeds 550, and that was designated as a standard performer in the most recent PHAS or SEMAP assessments. (5) Troubled PHA - A PHA that achieves an overall PHAS or SEMAP score of less than 60 percent. (6) Qualified PHA - A PHA with 550 or fewer public housing dwelling units and/or housing choice vouchers combined, and is not PHAS or SEMAP troubled.

A. PHA Information.

PHA Name: _HOUSING AUTHORITY of the CITY of PITTSBURG________________________ PHA Code: __CAO60________ PHA Type: Small High Performer
PHA Plan for Fiscal Year Beginning: (MM/YYYY): __07/2021____________ PHA Inventory (Based on Annual Contributions Contract (ACC) units at time of FY beginning, above) Number of Public Housing (PH) Units __-0-___________ Number of Housing Choice Vouchers (HCVs) _1133___________ Total Combined __1133_________
PHA Plan Submission Type: Annual Submission Revised Annual Submission Availability of Information. In addition to the items listed in this form, PHAs must have the elements listed below readily available to the public.

A PHA must identify the specific location(s) where the proposed PHA Plan, PHA Plan Elements, and all information relevant to the public hearing and proposed PHA Plan are available for inspection by the public. Additionally, the PHA must provide information on how the public may reasonably obtain additional information of the PHA policies contained in the standard Annual Plan, but excluded from their streamlined submissions. At a minimum, PHAs must post PHA Plans, including updates, at each Asset Management Project (AMP) and main office or central office of the PHA. PHAs are strongly encouraged to post complete PHA Plans on their official website. PHAs are also encouraged to provide each resident council a copy of their PHA Plans.

PHA Consortia: (Check box if submitting a Joint PHA Plan and complete table below) No. of Units in Each ProgramParticipating PHAs PHA Code Program(s) in the Consortia Program(s) not in the Consortia PH HCV
Lead PHA:

A.1
32

B. Annual Plan Elements
B.1 Revision of PHA Plan Elements.
(a) Have the following PHA Plan elements been revised by the PHA since its last Annual PHA Plan submission? Y N
Statement of Housing Needs and Strategy for Addressing Housing Needs.

Deconcentration and Other Policies that Govern Eligibility, Selection, and Admissions.

Financial Resources.

Rent Determination.

Homeownership Programs.

Safety and Crime Prevention.

Pet Policy.

Substantial Deviation.

Significant Amendment/Modification
(b) The PHA must submit its Deconcentration Policy for Field Office Review. (c) If the PHA answered yes for any element, describe the revisions for each element below: The Housing Authority of the City of Pittsburg completed an overall rewriting of the Administrative Plan introducing new language about the family definition of a pregnant woman, the procedures for future wait lists, updated language & procedures for VAWA clients, a new policy for adding family members and expanding outreach policies for the PBV site recently occupied.

B.2 New Activities.
(a) Does the PHA intend to undertake any new activities related to the following in the PHA’s current Fiscal Year? Y N
Hope VI or Choice Neighborhoods.

Mixed Finance Modernization or Development.

Demolition and/or Disposition.

Conversion of Public Housing to Tenant Based Assistance.

Conversion of Public Housing to Project-Based Assistance under RAD.

Project Based Vouchers.

Units with Approved Vacancies for Modernization.

Other Capital Grant Programs (i.e., Capital Fund Community Facilities Grants or Emergency Safety and Security Grants).

(b) If any of these activities are planned for the current Fiscal Year, describe the activities. For new demolition activities, describe any public housing development or portion thereof, owned by the PHA for which the PHA has applied or will apply for demolition and/or disposition approval under section 18 of the 1937 Act under the separate demolition/disposition approval process. If using Project-Based Vouchers (PBVs), provide the projected number of project based units and general locations, and describe how project basing would be consistent with the PHA Plan.  The Housing Authority has executed a HAP Contract for a total of 29 PBV vouchers for a 30 unit property called Veteran’s Square built by Satellite Affordable Housing Associates (SAHA) and occupied January 2022..

B.3 Progress Report.

Provide a description of the PHA’s progress in meeting its Mission and Goals described in the PHA 5-Year Plan.

The Housing Authority outlined 3 Mission and Goals described in the last 5-Year Plan:

PHA Goal 1: Achieve organizational excellence.

The Housing Authority has met its goal for organizational excellence by maintaining a “High Performer” rating through the Section Eight Management Assessment Program (SEMAP). In addition, professional development opportunities have been provided to employees through formal training in program requirements to ensure program compliance and success.

PHA Goal 2: Maximize use of Housing Choice Vouchers
To maximize the use of Housing Choice Vouchers, the Housing Authority opened the HCV-Section 8 Wait List to new applicants in 2017.

Vouchers were issued from the Wait List to obtain full utilization of Vouchers and 98% of budget authority was expended. The Housing Authority will begin purging the wait list in 2020-2021 as well as creating a PBV Site Wait list in the process.

PHA Goal 3: Improve the quality of assisted housing.

Improvement in the quality of assisted housing has been achieved by utilization of our local building officials to ensure the properties are maintained and in good condition. The Housing Authority promoted its Homeownership Program to current participants who are expressing increased interest in becoming homeowners in the program. 33

B.4. Most Recent Fiscal Year Audit.
(a) Were there any findings in the most recent FY Audit? Y N
* As of the date of this report, the Housing Authority has received no written report of any findings related to the audit. (b) If yes, please describe: The Housing Authority has completed a Corrective Action Plan and has resolved accounting and financial reporting deficiencies detailed from the QAD Audit performed January 2020.

Other Document and/or Certification Requirements.

C.1 Certification Listing Policies and Programs that the PHA has Revised since Submission of its Last Annual Plan Form 50077-ST-HCV-HP, Certification of Compliance with PHA Plans and Related Regulations, must be submitted by the PHA as an electronic attachment to the PHA Plan.

SEE ATTACHMENT
C.2 Civil Rights Certification.

Form 50077-ST-HCV-HP, Certification of Compliance with PHA Plans and Related Regulations, must be submitted by the PHA as an electronic attachment to the PHA Plan.

C.3 Resident Advisory Board (RAB) Comments.
(a) Did the RAB(s) provide comments to the PHA Plan?

Y N

If yes, comments must be submitted by the PHA as an attachment to the PHA Plan. PHAs must also include a narrative describing their analysis of the RAB recommendations and the decisions made on these recommendations.

C.4 Certification by State or Local Officials.

Form HUD 50077-SL, Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan, must be submitted by the PHA as an electronic attachment to the PHA Plan.

D Statement of Capital Improvements. Required in all years for all PHAs completing this form that administer public housing and receive funding from the Capital Fund Program (CFP).

D.1 Capital Improvements. Include a reference here to the most recent HUD-approved 5-Year Action Plan (HUD-50075.2) and the date that it was approved by HUD.
34

Instructions for Preparation of Form HUD-50075-HP
Annual Plan for High Performing PHAs
A. PHA Information. All PHAs must complete this section.

A.1 Include the full PHA Name, PHA Code, PHA Type, PHA Fiscal Year Beginning (MM/YYYY), PHA Inventory, Number of Public Housing Units and or Housing Choice Vouchers (HCVs), PHA Plan Submission Type, and the Availability of Information, specific location(s) of all information relevant to the public hearing and proposed PHA Plan. (24 CFR §903.23(4)(e)) PHA Consortia: Check box if submitting a Joint PHA Plan and complete the table. (24 CFR §943.128(a)) B. Annual Plan.

B.1 Revision of PHA Plan Elements. PHAs must:

Identify specifically which plan elements listed below that have been revised by the PHA. To specify which elements have been revised, mark the “yes” box.

If an element has not been revised, mark “no."
Statement of Housing Needs and Strategy for Addressing Housing Needs. Provide a statement addressing the housing needs of low-income, very low-income and extremely low-income families and a brief description of the PHA’s strategy for addressing the housing needs of families who reside in the jurisdiction served by the PHA. The statement must identify the housing needs of (i) families with incomes below 30 percent of area median income (extremely low-income), (ii) elderly families and families with disabilities, and (iii) households of various races and ethnic groups residing in the jurisdiction or on the waiting list based on information provided by the applicable Consolidated Plan, information provided by HUD, and other generally available data.

The identification of housing needs must address issues of affordability, supply, quality, accessibility, size of units, and location. For years in which the PHA’s 5-Year PHA Plan is also due, this information must be included only to the extent it pertains to the housing needs of families that are on the PHA’s public housing and Section 8 tenant-based assistance waiting lists. 24 CFR §903.7(a)(1) and 24 CFR §903.12(b). Provide a description of the PHA’s strategy for addressing the housing needs of families in the jurisdiction and on the waiting list in the upcoming year. For years in which the PHA’s 5-Year PHA Plan is also due, this information must be included only to the extent it pertains to the housing needs of families that are on the PHA’s public housing and Section 8 tenant-based assistance waiting lists. 24 CFR §903.7(a)(2)(ii) and 24 CFR §903.12(b).

Deconcentration and Other Policies that Govern Eligibility, Selection and Admissions. Describe the PHA’s admissions policy for deconcentration of poverty and income mixing of lower-income families in public housing. The Deconcentration Policy must describe the PHA’s policy for bringing higher income tenants into lower income developments and lower income tenants into higher income developments. The deconcentration requirements apply to general occupancy and family public housing developments. Refer to 24 CFR §903.2(b)(2) for developments not subject to deconcentration of poverty and income mixing requirements. 24 CFR §903.7(b) Describe the PHA’s procedures for maintaining waiting lists for admission to public housing and address any site-based waiting lists. 24 CFR §903.7(b) A statement of the PHA’s policies that govern resident or tenant eligibility, selection and admission including admission preferences for both public housing and HCV. (24 CFR §903.7(b) Describe the unit assignment policies for public housing. 24 CFR §903.7(b) Financial Resources. A statement of financial resources, including a listing by general categories, of the PHA’s anticipated resources, such as PHA operating, capital and other anticipated Federal resources available to the PHA, as well as tenant rents and other income available to support public housing or tenant-based assistance. The statement also should include the non-Federal sources of funds supporting each Federal program, and state the planned use for the resources. (24 CFR §903.7(c)
Rent Determination. A statement of the policies of the PHA governing rents charged for public housing and HCV dwelling units, including applicable public housing flat rents, minimum rents, voucher family rent contributions, and payment standard policies. (24 CFR §903.7(d) Homeownership Programs. A description of any homeownership programs (including project number and unit count) administered by the agency or for which the PHA has applied or will apply for approval. For years in which the PHA’s 5-Year PHA Plan is also due, this information must be included only to the extent that the PHA participates in homeownership programs under section 8(y) of the 1937 Act. (24 CFR §903.7(k) and 24 CFR §903.12(b).

Safety and Crime Prevention (VAWA). A description of: 1) Any activities, services, or programs provided or offered by an agency, either directly or in partnership with other service providers, to child or adult victims of domestic violence, dating violence, sexual assault, or stalking; 2) Any activities, services, or programs provided or offered by a PHA that helps child and adult victims of domestic violence, dating violence, sexual assault, or stalking, to obtain or maintain housing; and 3) Any activities, services, or programs provided or offered by a public housing agency to prevent domestic violence, dating violence, sexual assault, and stalking, or to enhance victim safety in assisted families. (24 CFR §903.7(m)(5)) Pet Policy. Describe the PHA’s policies and requirements pertaining to the ownership of pets in public housing. (24 CFR §903.7(n)) Substantial Deviation. PHA must provide its criteria for determining a “substantial deviation” to its 5-Year Plan. (24 CFR §903.7(r)(2)(i) Significant Amendment/Modification. PHA must provide its criteria for determining a “Significant Amendment or Modification” to its 5-Year and Annual Plan. Should the PHA fail to define ‘significant amendment/modification’, HUD will consider the following to be ‘significant amendments or modifications’: a) changes to rent or admissions policies or organization of the waiting list; b) additions of non-emergency public housing CFP work items (items not included in the current CFP Annual Statement or CFP 5-Year Action Plan); or c) any change with regard to demolition or disposition, designation, homeownership programs or conversion activities. See guidance on HUD’s website at: Notice PIH 1999-51. (24 CFR §903.7(r)(2)(ii) If any boxes are marked “yes”, describe the revision(s) to those element(s) in the space provided. 35

PHAs must submit a Deconcentration Policy for Field Office review. For additional guidance on what a PHA must do to deconcentrate poverty in its development and comply with fair housing requirements, see 24 CFR 903.2. (24 CFR §903.23(b)) B.2 New Activities. If the PHA intends to undertake any new activities related to these elements or discretionary policies in the current Fiscal Year, mark “yes” for those elements, and describe the activities to be undertaken in the space provided. If the PHA does not plan to undertake these activities, mark “no.” Hope VI. 1) A description of any housing (including project name, number (if known) and unit count) for which the PHA will apply for HOPE VI; and 2) A timetable for the submission of applications or proposals. The application and approval process for Hope VI is a separate process. See guidance on HUD’s website at: http://www.hud.gov/offices/pih/programs/ph/hope6/index.cfm. (Notice PIH 2010-30) Mixed Finance Modernization or Development. 1) A description of any housing (including name, project number (if known) and unit count) for which the PHA will apply for Mixed Finance Modernization or Development; and 2) A timetable for the submission of applications or proposals. The application and approval process for Mixed Finance Modernization or Development is a separate process. See guidance on HUD’s website at:
http://www.hud.gov/offices/pih/programs/ph/hope6/index.cfm. (Notice PIH 2010-30) Demolition and/or Disposition. Describe any public housing projects owned by the PHA and subject to ACCs (including name, project number and unit numbers [or addresses]), and the number of affected units along with their sizes and accessibility features) for which the PHA will apply or is currently pending for demolition or disposition; and (2) A timetable for the demolition or disposition. This statement must be submitted to the extent that approved and/or pending demolition and/or disposition has changed. The application and approval process for demolition and/or disposition is a separate process. See guidance on HUD’s website at: http://www.hud.gov/offices/pih/centers/sac/demo_dispo/index.cfm. (24 CFR §903.7(h)) Conversion of Public Housing. Describe any public housing building(s) (including project number and unit count) owned by the PHA that the PHA is required to convert or plans to voluntarily convert to tenant-based assistance; 2) An analysis of the projects or buildings required to be converted; and 3) A statement of the amount of assistance received to be used for rental assistance or other housing assistance in connection with such conversion. See guidance on HUD’s website at: http://www.hud.gov/offices/pih/centers/sac/conversion.cfm. (24 CFR §903.7(j)) Project-Based Vouchers. Describe any plans to use HCVs for new project-based vouchers. (24 CFR §983.57(b)(1)) If using project-based vouchers, provide the projected number of project-based units and general locations, and describe how project-basing would be consistent with the PHA Plan.

Other Capital Grant Programs (i.e., Capital Fund Community Facilities Grants or Emergency Safety and Security Grants). .

B.3 Progress Report. For all Annual Plans following submission of the first Annual Plan, a PHA must include a brief statement of the PHA’s progress in meeting the mission and goals described in the 5-Year PHA Plan. (24 CFR §903.7(r)(1)) B.4 Most Recent Fiscal Year Audit. If the results of the most recent fiscal year audit for the PHA included any findings, mark “yes” and describe those findings in the space provided. (24 CFR §903.7(p))
C. Other Document and/or Certification Requirements
C.1 Certification Listing Policies and Programs that the PHA has Revised since Submission of its Last Annual Plan. Provide a certification that the following plan elements have been revised, provided to the RAB for comment before implementation, approved by the PHA board, and made available for review and inspection by the public. This requirement is satisfied by completing and submitting form HUD-50077 SM-HP.

C.2 Civil Rights Certification. Form HUD-50077 SM-HP, PHA Certifications of Compliance with the PHA Plans and Related Regulation, must be submitted by the PHA as an electronic attachment to the PHA Plan. This includes all certifications relating to Civil Rights and related regulations. A PHA will be considered in compliance with the AFFH Certification if: it can document that it examines its programs and proposed programs to identify any impediments to fair housing choice within those programs; addresses those impediments in a reasonable fashion in view of the resources available; works with the local jurisdiction to implement any of the jurisdiction’s initiatives to affirmatively further fair housing; and assures that the annual plan is consistent with any applicable Consolidated Plan for its jurisdiction. (24 CFR §903.7(o)) C.3 Resident Advisory Board (RAB) comments. If the RAB provided comments to the annual plan, mark “yes,” submit the comments as an attachment to the Plan and describe the analysis of the comments and the PHA’s decision made on these recommendations. (24 CFR §903.13(c), 24 CFR §903.19) C.4 Certification by State or Local Officials. Form HUD-50077-SL, Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan, must be submitted by the PHA as an electronic attachment to the PHA Plan. (24 CFR §903.15) D. Statement of Capital Improvements. PHAs that receive funding from the Capital Fund Program (CFP) must complete this section. (24 CFR 903.7 (g)) D.1 Capital Improvements. In order to comply with this requirement, the PHA must reference the most recent HUD approved Capital Fund 5 Year Action Plan.

PHAs can reference the form by including the following language in Section C. 8.0 of the PHA Plan Template: “See HUD Form 50075.2 approved by HUD on XX/XX/XXXX.”
This information collection is authorized by Section 511 of the Quality Housing and Work Responsibility Act, which added a new section 5A to the U.S. Housing Act of 1937, as amended, which introduced the 5-Year and Annual PHA Plan. The 5-Year and Annual PHA Plans provide a ready source for interested parties to locate basic PHA policies, rules, and requirements concerning the PHA’s operations, programs, and services, and informs HUD, families served by the PHA, and members of the public of the PHA’s mission, goals and objectives for serving the needs of low- income, very low- income, and extremely low- income families.

Public reporting burden for this information collection is estimated to average 16.64 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. HUD may not collect this information, and respondents are not required to complete this form, unless it displays a currently valid OMB Control Number. 36

Privacy Act Notice. The United States Department of Housing and Urban Development is authorized to solicit the information requested in this form by virtue of Title 12, U.S. Code, Section 1701 et seq., and regulations promulgated thereunder at Title 12, Code of Federal Regulations. Responses to the collection of information are required to obtain a benefit or to retain a benefit. The information requested does not lend itself to confidentiality. 37

Certifications of Compliance with
PHA Plans and Related Regulations
(Standard, Troubled, HCV-Only, and
High Performer PHAs)
U.S. Department of Housing and Urban Development
Office of Public and Indian Housing
OMB No. 2577-0226
Expires 02/29/2016

PHA Certifications of Compliance with the PHA Plan and Related Regulations including Required Civil Rights Certifications
Acting on behalf of the Board of Commissioners of the Public Housing Agency (PHA) listed below, as its Chairman or other authorized PHA official if there is no Board of Commissioners, I approve the submission of the___ 5-Year and/or X - Annual PHA Plan for the PHA fiscal year beginning _2021_, hereinafter referred to as” the Plan”, of which this document is a part and make the following certifications and agreements with the Department of Housing and Urban Development (HUD) in connection with the submission of the Plan and implementation thereof:

1. The Plan is consistent with the applicable comprehensive housing affordability strategy (or any plan incorporating such strategy) for the jurisdiction in which the PHA is located.

2. The Plan contains a certification by the appropriate State or local officials that the Plan is consistent with the applicable Consolidated Plan, which includes a certification that requires the preparation of an Analysis of Impediments to Fair Housing Choice, for the PHA's jurisdiction and a description of the manner in which the PHA Plan is consistent with the applicable Consolidated Plan.

3. The PHA has established a Resident Advisory Board or Boards, the membership of which represents the residents assisted by the PHA, consulted with this Resident Advisory Board or Boards in developing the Plan, including any changes or revisions to the policies and programs identified in the Plan before they were implemented, and considered the recommendations of the RAB (24 CFR 903.13). The PHA has included in the Plan submission a copy of the recommendations made by the Resident Advisory Board or Boards and a description of the manner in which the Plan addresses these recommendations.

4. The PHA made the proposed Plan and all information relevant to the public hearing available for public inspection at least 45 days before the hearing, published a notice that a hearing would be held and conducted a hearing to discuss the Plan and invited public comment.

5. The PHA certifies that it will carry out the Plan in conformity with Title VI of the Civil Rights Act of 1964, the Fair Housing Act, section 504 of the Rehabilitation Act of 1973, and title II of the Americans with Disabilities Act of 1990.

6. The PHA will affirmatively further fair housing by examining their programs or proposed programs, identifying any impediments to fair housing choice within those programs, addressing those impediments in a reasonable fashion in view of the resources available and work with local jurisdictions to implement any of the jurisdiction's initiatives to affirmatively further fair housing that require the PHA's involvement and by maintaining records reflecting these analyses and actions.

7. For PHA Plans that includes a policy for site-based waiting lists:
 The PHA regularly submits required data to HUD's 50058 PIC/IMS Module in an accurate, complete and timely manner (as specified in PIH Notice 2010-25);
 The system of site-based waiting lists provides for full disclosure to each applicant in the selection of the development in which to reside, including basic information about available sites; and an estimate of the period of time the applicant would likely have to wait to be admitted to units of different sizes and types at each site;  Adoption of a site-based waiting list would not violate any court order or settlement agreement or be inconsistent with a pending complaint brought by HUD;
 The PHA shall take reasonable measures to assure that such a waiting list is consistent with affirmatively furthering fair housing;
 The PHA provides for review of its site-based waiting list policy to determine if it is consistent with civil rights laws and certifications, as specified in 24 CFR part 903.7(c)(1).

8. The PHA will comply with the prohibitions against discrimination on the basis of age pursuant to the Age Discrimination Act of 1975.

9. The PHA will comply with the Architectural Barriers Act of 1968 and 24 CFR Part 41, Policies and Procedures for the Enforcement of Standards and Requirements for Accessibility by the Physically Handicapped.

10. The PHA will comply with the requirements of section 3 of the Housing and Urban Development Act of 1968, Employment Opportunities for Low-or Very-Low Income Persons, and with its implementing regulation at 24 CFR Part 135.

11. The PHA will comply with acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and implementing regulations at 49 CFR Part 24 as applicable. 38 ___________________________________________________________________________________________________________

12. The PHA will take appropriate affirmative action to award contracts to minority and women's business enterprises under 24 CFR 5.105(a).

13. The PHA will provide the responsible entity or HUD any documentation that the responsible entity or HUD needs to carry out its review under the National Environmental Policy Act and other related authorities in accordance with 24 CFR Part 58 or Part 50, respectively.

14. With respect to public housing the PHA will comply with Davis-Bacon or HUD determined wage rate requirements under Section 12 of the United States Housing Act of 1937 and the Contract Work Hours and Safety Standards Act.

15. The PHA will keep records in accordance with 24 CFR 85.20 and facilitate an effective audit to determine compliance with program requirements.

16. The PHA will comply with the Lead-Based Paint Poisoning Prevention Act , the Residential Lead-Based Paint Hazard Reduction Act of 1992, and 24 CFR Part 35.

17. The PHA will comply with the policies, guidelines, and requirements of OMB Circular No. A-87 (Cost Principles for State, Local and Indian Tribal Governments), 2 CFR Part 225, and 24 CFR Part 85 (Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments).

18. The PHA will undertake only activities and programs covered by the Plan in a manner consistent with its Plan and will utilize covered grant funds only for activities that are approvable under the regulations and included in its Plan.

19. All attachments to the Plan have been and will continue to be available at all times and all locations that the PHA Plan is available for public inspection. All required supporting documents have been made available for public inspection along with the Plan and additional requirements at the primary business office of the PHA and at all other times and locations identified by the PHA in its PHA Plan and will continue to be made available at least at the primary business office of the PHA.

22. The PHA certifies that it is in compliance with applicable Federal statutory and regulatory requirements, including the Declaration of Trust(s).

Housing Authority of the City of Pittsburg CA060 PHA Name PHA Number/HA Code
__X__ Annual PHA Plan for Fiscal Year 2022____
_____ 5-Year PHA Plan for Fiscal Years 20_20_ - 20_25___ I hereby certify that all the information stated herein, as well as any information provided in the accompaniment herewith, is true and accurate. Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802). _______________________________________________________________________________________________________________________________________ Name of Authorized Official – Garrett Evans Title – Executive Director Signature Date
39 form HUD-50070 (3/98)
ref. Handbooks 7417.1, 7475.13, 7485.1 & .3
U.S. Department of Housing
and Urban DevelopmentCertification for
a Drug-Free Workplace
Applicant Name
Program/Activity Receiving Federal Grant Funding
I certify that the above named Applicant will or will continue to provide a drug-free workplace by:
a. Publishing a statement notifying employees that the un- lawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the Applicant's work- place and specifying the actions that will be taken against employees for violation of such prohibition.
b. Establishing an on-going drug-free awareness program to inform employees ---
(1) The dangers of drug abuse in the workplace;
(2) The Applicant's policy of maintaining a drug-free
workplace;
(3) Any available drug counseling, rehabilitation, and
employee assistance programs; and
(4) The penalties that may be imposed upon employees
for drug abuse violations occurring in the workplace.
c. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph a.;
d. Notifying the employee in the statement required by para- graph a. that, as a condition of employment under the grant, the employee will ---
Acting on behalf of the above named Applicant as its Authorized Official, I make the following certifications and agreements to the Department of Housing and Urban Development (HUD) regarding the sites listed below:
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her convic- tion for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; e. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph d.(2) from an em- ployee or otherwise receiving actual notice of such conviction.

Employers of convicted employees must provide notice, includ- ing position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federalagency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant;
f. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph d.(2), with respect to any employee who is so convicted ---
(1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfacto-
rily in a drug abuse assistance or rehabilitation program ap- proved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
g. Making a good faith effort to continue to maintain a drug- free workplace through implementation of paragraphs a. thru f.

2. Sites for Work Performance. The Applicant shall list (on separate pages) the site(s) for the performance of work done in connection with the HUD funding of the program/activity shown above: Place of Performance shall include the street address, city, county, State, and zip code.

Identify each sheet with the Applicant name and address and the program/activity receiving grant funding.) Check here if there are workplaces on file that are not identified on the attached sheets.

I hereby certify that all the information stated herein, as well as any information provided in the accompaniment herewith, is true and accurate.

Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802)
Name of Authorized Official Title
Signature Date
X
40 Attachment
Resident Advisory Board for the City of Pittsburg Housing Authority PHA Annual Plan - 2022
Resident Council Roster
S. L Floyd
Comment:

The above listed resident advisory board member attended a virtual meeting via Zoom. February 9, 2022 and had no recommended changes or additional recommendations on the 2022 Annual Plan that was shared.

They made the following requests:

1. Pursue advocacy for additional funding for this Housing Authority.

2. Advocate regulatory reform at the state level in concert with the federal requirements to allow more building & development of new units.

3. Seek additional protection at the State level from Resident Utility Billing.

4. Explore feasibility of building and developing housing specifically for Section 8 Participants.

5. Advocate for laws that will provide more protections for tenants.

He pledged along with his other Board Member that they will continue to work closely with Housing Authority Staff if any issues or concerns may arise. 41 form HUD-50070 (3/98)
ref. Handbooks 7417.1, 7475.13, 7485.1 & .3
U.S. Department of Housing
and Urban DevelopmentCertification for
a Drug-Free Workplace
Applicant Name
Program/Activity Receiving Federal Grant Funding
I certify that the above named Applicant will or will continue to provide a drug-free workplace by:
a. Publishing a statement notifying employees that the un- lawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the Applicant's work- place and specifying the actions that will be taken against employees for violation of such prohibition.
b. Establishing an on-going drug-free awareness program to inform employees ---
(1) The dangers of drug abuse in the workplace;
(2) The Applicant's policy of maintaining a drug-free
workplace;
(3) Any available drug counseling, rehabilitation, and
employee assistance programs; and
(4) The penalties that may be imposed upon employees
for drug abuse violations occurring in the workplace.
c. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph a.;
d. Notifying the employee in the statement required by para- graph a. that, as a condition of employment under the grant, the employee will ---
Acting on behalf of the above named Applicant as its Authorized Official, I make the following certifications and agreements to the Department of Housing and Urban Development (HUD) regarding the sites listed below:
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her convic- tion for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; e. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph d.(2) from an em- ployee or otherwise receiving actual notice of such conviction.

Employers of convicted employees must provide notice, includ- ing position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federalagency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant;
f. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph d.(2), with respect to any employee who is so convicted ---
(1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfacto-
rily in a drug abuse assistance or rehabilitation program ap- proved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
g. Making a good faith effort to continue to maintain a drug- free workplace through implementation of paragraphs a. thru f.

2. Sites for Work Performance. The Applicant shall list (on separate pages) the site(s) for the performance of work done in connection with the HUD funding of the program/activity shown above: Place of Performance shall include the street address, city, county, State, and zip code.

Identify each sheet with the Applicant name and address and the program/activity receiving grant funding.) Check here if there are workplaces on file that are not identified on the attached sheets.

I hereby certify that all the information stated herein, as well as any information provided in the accompaniment herewith, is true and accurate.

Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802)
Name of Authorized Official Title
Signature Date
X
42 NOTICE OF PUBLIC HEARING

HOUSING AUTHORITY OF THE CITY OF PITTSBURG
2022 PHA ANNUAL PLAN
Notice is hereby given that the Housing Authority of the City of Pittsburg will hold a Public Hearing regarding proposed revisions to the Annual Plan. These plans include the mission, goals and objectives as well as the Housing Authority’s involvement in the provision of affordable housing in Pittsburg, through the Housing Choice Voucher Program.

A minimum forty-five (45) day public comment period prior to the Public Hearing, will commence on January 25, 2022 to receive public input on the Housing Authority of the City of Pittsburg’s Annual Plan for 2022.

Proponents, opponents and any interested persons may submit written comments during the public comment period no later than March 21, 2022 by 3:00 p.m. to:

Housing Authority of the City of Pittsburg
916 Cumberland Street, Pittsburg, CA 94565
Attn: Bruce Smargiasso, Housing Manager
The Public Hearing will take place on the following date, time and location:

Date: Tuesday, March 21, 2022
Time: 7:00 p.m.

Location: Zoom Teleconference/Streaming Video
(see public advisory on the next page)
The PHA Annual Plan 2022 is available for review at the City of Pittsburg Housing Authority, located at 916 Cumberland Street, Pittsburg, CA 94565, between the hours of 8:00 a.m. to 12:00 p.m. and 1:00 p.m. to 5:00 p.m., Monday through Friday. 43 PUBLIC ADVISORY:

THE CITY COUNCIL CHAMBER WILL NOT BE OPEN TO THE PUBLIC

Pursuant to Section 3 of Executive Order N-29-20, issued by Governor Newsom on March 17, 2020, the meeting of the City Council will be conducted electronically through Zoom and broadcast live through Granicus on the City's website. Please be advised that pursuant to the Executive Order, and to ensure the health and safety of the public by limiting human contact that could spread the COVID-19 virus, the Council Chamber will not be open for the meeting. Council Members will be participating electronically and will not be physically present in the Council Chamber.

Beginning with the January 19, 2022 City Council Meeting, live comments will be allowed by members of the public via teleconferencing during Zoom meetings and written comments received after 3:00 p.m. will be read aloud by staff. To be placed in a queue to comment, please adhere to the following instructions.

To Participate in Public Comment During the Meeting:
 Notify the City Clerk’s Office via email by 3:00 p.m. on the meeting date that you would like to be placed in the queue for general Public Comments, or comments on a specific agenda item. Requests received after 3:00 p.m. on the date of the meeting will not be able to comment.
 Email your name and telephone number to [email protected]. We need both identifications to pair you with the item you wish to speak on. You must also be sure that you call in using the number you have provided or we may not be able to identify you as a speaker.
 Your email must include the words “FOR PUBLIC COMMENT” in the subject line and specify the Agenda Item number or Non-Agenda as appropriate.  You will receive an email confirmation with instructions to log in.  Once the meeting starts (check the Streaming Media link on our website – www.ci.pittsburg.ca.us) you can phone in to Zoom. If you log in before the event has actually started you may be disconnected.
 You will be added to the meeting as an attendee and will be called upon by staff for phone-in comments.
 Speakers will be muted until their opportunity to provide public comment.  All comments will be subject to the three-minute time limitation (approximately 350 words).
 Begin your comment by providing your name and city of residence for the record – although providing this is not required for participation.  Just as in a live meeting inside the Council Chamber, only one comment per agenda item per person is allowed.

The City of Pittsburg thanks you in advance for taking all precautions to prevent the spread of the COVID 19 virus.
44 Housing Authority Minutes 1 of 2 January 18, 2022

CITY OF PITTSBURG

HOUSING AUTHORITY MEETING MINUTES
DATE: January 18, 2021
LOCATION: Council Chamber, City Hall, 65 Civic Avenue, Pittsburg, CA 94565 CITY COUNCIL.AGENCY MEMBERS
Holland Barrett White, Mayor/Chair
Shanelle Scales-Preston, Vice-Mayor/Chair
Juan Antonio Banales, Council/Agency Member
Jelani Killings, Council/Agency Member
Marilyn Craft, Council/Agency Member
S.L. Floyd, Agency Member
Annie Hill Herring, Agency Member

APPOINTED OFFICIALS
Garrett Evans, City Manager/Executive Director
Donna Mooney, City Attorney/Legal Counsel
Alice E. Evenson, City Clerk/Agency Secretary (elected) Nancy Parent, City Treasurer (elected)

This meeting will be held in compliance with California Government Code Section 54953(e)(2), which was added by Assembly Bill 361 which became effective Oct. 1, 2021, pursuant to the Governor’s Executive Order N-15-21. On December 20, 2021, the City Council authorized hybrid meetings of the City Council and Commissions upon findings made in Resolution 21-13997 as required by state law. In addition, all Boards authorized teleconferenced meetings. City Council Members/Board Members/Commissioners and appropriate staff will be participating virtually via Zoom. The Public will continue virtual participation via Zoom. Pursuant to Government Code Section 54953(e)(3), the Council/Board/Commission authorization is effective for 30 days and may be extended every 30 days if the Council/Board/Commission makes required findings.

CALL TO ORDER
Chair White called the meeting of the Housing Authority to order at 7:20 P.M. in the City Council Chamber at City Hall, 65 Civic Avenue, Pittsburg, California.

ROLL CALL
Member Banales was absent and excused.

PUBLIC HEARING

7. Adoption of a Housing Authority Resolution Approving the Housing Authority of the City of Pittsburg Administrative Plan for 2021
On Motion by Member Craft, seconded by Vice-Chair Scales-Preston, to adopt and carried by the following vote:
45 Housing Authority Minutes 2 of 2 January 18, 2022 AYES: Craft, Floyd, Herring, Killings, Scales-Preston, White ABSENT: Banales

CONSENT CALENDAR
On motion by Member Craft, seconded by Vice-Chair Scales-Preston to adopt and carried by the following vote:

AYES: Craft, Floyd, Herring, Killings, Scales-Preston, White ABSENT: Banales

8. Minutes of November 15, 2021, Minutes of November 29, 2021

9. Disbursement List of October 31, 2021, and November 30, 2021

10. Adoption of a Housing Authority Resolution Approving the 2022 Utility Allowance Schedule

HOUSING AUTHORITY MEMBER REMARKS
Member Floyd stated thanked Housing Manager Smargiasso for the thorough presentation and efforts being made for a more effective process of housing people in our community.

Member Herring echoed Member Floyd’s comments, and also thanked Housing Manager Smargiasso for keeping the Housing Commissioners informed.

ADJOURNMENT
The Housing Authority was adjourned at 7:42 P.M.

Respectfully submitted,
Alice E. Evenson, Secretary
46 Ck# Amount HAP₁ VASH₂ UR₃ Portability Admin. Fee TOTAL 50217-50356 1,615,269.97$ 1,493,139.85 88,863.44 10,894.90 21,913.00 458.78 1,615,269.97$ 110121001-110121462

50357-50363 24,854.13 23,601.99 (1,173.86) 278.00 2,148.00 - 24,854.13 111521001-111521009
TOTAL 1,640,124.10$ 1,516,741.84 87,689.58 11,172.90 24,061.00 458.78 1,640,124.10$ ¹Housing Assistance Payment ²Veterans Affairs Supportive Housing ³Utility Reimbursement TOTAL
Salaries and Wages 42,747.35$
Salaries- Overtime 16.07
Retirement Miscellaneous 3,211.50
Retirement - Pension Bonds 7,665.50
Health Insurance - Employees 4,684.16
Life Insurance 78.34
Dental Insurance 421.32
Vision - Employee 46.88
Workers' Compensation 1,386.21
Unemployment Insurance 250.43
Disability Insurance 149.45
F I C A & Medicare 3,423.71
Deferred Compensation - Employer 415.63
Vac Buy-Bk/Empl Termination 1,061.17
Pension 115 Trust 655.92
Retiree OPEB Costs 3,017.83
Office Supplies & Materials 135.78
Computer Software Expense 55,418.14
Postage 140.45
Misc Equip & Furniture < $5,000 1,081.11
Utilities - Electric 1,150.08
Utilities - Water 13.84
Utilities - Telephone Service 158.64
Utilities - WiFi/Cellphone Service 232.57
Insurance - Alloc Chgs 3,246.33
Other Contractual & Professional Service 147,439.44
Advertising & Promotion 308.70
Equipment Rental 155.90
Building Rental 2,375.00
Fleet Maintenance Alloc Chgs 576.58
Building Maintenance Alloc Chgs 1,769.42
Information Systems Alloc Chgs 1,755.67
Admin Overhead Paid to City 4,830.33
290,019.45$
Ck# Reason Amount
152985 Void check Pmt made in error to Alameda City Housing Authority 3,808.06$ 230121231 Void check Pmt recall LL property sold to new LL 3,074.00 50441 Void check Tenant Lost Check 101.00
TOTAL 6,983.06$
Prepared by: HB
Reviewed by: LM 1,937,126.61$

VOIDED CHECKS
&

NET OF ISSUED AND VOIDED PAYMENTS

HOUSING AUTHORITY OF THE CITY OF PITTSBURG

DISBURSEMENT SUMMARY
FOR THE MONTH ENDED DECEMBER 31th, 2021

VOUCHERSADMINISTRATIVE EXPENSES
Description
47 Check
Number Amount
Check Summary
Check Date Payee Tax ID Payee
Housing Choice Voucher
December 1, 2021
12/1/2150364 30.00Amana K Cornish* *****2494
12/1/2150365 103.00Angelique F Davis*****7533
12/1/2150366 147.00Ashley M Brown*****7730
12/1/2150367 63.00Christina M Fitzgerald*****1702
12/1/2150368 33.00Cynthia g Cones*****4282
12/1/2150369 47.00Dajon W Smith*****0269
12/1/2150370 36.00Darren M Thompson*****3976
12/1/2150371 175.00Elisa Johnson*****3528
12/1/2150372 253.50Franchise Tax Board
12/1/2150373 208.00Iman N Hanif*****8874
12/1/2150375 29.00Jo Ann Brooks*****6377
12/1/2150377 220.00Joshua C Perez*****4091
12/1/2150378 34.00Kawanda M Dotson*****2309
12/1/2150379 67.00Krystal M W illiams*****6519
12/1/2150380 38.00Laneava S Blanks*****7253
12/1/2150381 1.00Lyniece N Eddins*****3960
12/1/2150382 14.00Maria B Martinez*****3347
12/1/2150383 234.00Melissa J Perkins*****8042
12/1/2150384 137.00Nakisha Fountain*****9905
12/1/2150385 79.00Samaiyah A Warren*****6935
12/1/2150386 304.00Shamia L Patterson*****5994
12/1/2150387 98.00Shanae V Washington*****3403
12/1/2150388 277.00Tameka T Thomas*****3817
12/1/2150389 39.00Tatyana A Jackson*****3772
12/1/2150390 21.00Thelma R Hearne*****6806
12/1/2150392 27.00Patricia A Blocker*****1418
12/1/2150393 215.00Vanna L Warga*****8240
12/1/2150394 175.00Jaime M Lopez*****1654
12/1/2150395 57.00Raquel E Miller*****2890
12/1/2150396 233.00Albert K Lea III*****1679
12/1/2150397 124.00Danielle M Thomas*****5232
12/1/2150398 144.00Bobbie J Royston*****0164
12/1/2150399 317.00Ono c Rothschild*****4208
12/1/2150400 109.00Evelyn Smith*****2184
Check Summary PWO 11/24/2021 Page 1©2021, MRI Software LLC - All Rights Reserved. 48 12/1/2150401 15.00Livis J Sanders*****9858
12/1/2150402 53.00Irma M Castillo*****3035
12/1/2150403 115.00Pashenia D Sanders*****4119
12/1/2150405 38.00Mary P Grigsby*****5133
12/1/2150406 277.00Yolanda M Smith*****7432
12/1/2150407 103.00Vonia Jackson*****8373
12/1/2150408 37.00Monika Smith*****2674
12/1/2150409 36.00Nicolas A Wagnon*****0912
12/1/2150410 265.00Destiny S Albert*****0478
12/1/2150411 153.00Nieza M Burrus*****8665
12/1/2150412 196.00Delfonse A Lewis*****2319
12/1/2150413 68.00Regina D Tucker*****8612
12/1/2150414 48.00Carol J Davis*****9687
12/1/2150415 177.00Melvina D Brunt*****7988
12/1/2150416 292.00Sherron A Camp*****6015
12/1/2150417 85.00Eva L Mangum*****3840
12/1/2150418 145.00Akilah Z Parker*****0531
12/1/2150419 7.00Michelle m Berry*****5492
12/1/2150420 80.00Michele N Nichols*****7135
12/1/2150421 7.00Theresa p Jones*****8831
12/1/2150422 3.00Lashawn P Fields*****5626
12/1/2150423 81.00Kristina M Greer*****5232
12/1/2150424 79.00Mannah S Parrott*****3113
12/1/2150425 113.94Janet Brown*****6215
12/1/2150426 39.00Freddie L Henderson*****4767
12/1/2150427 11.00Shirley J Strausbaugh*****3181
12/1/2150428 60.00Monique Thompson*****2695
12/1/2150429 39.00Be Thi Nguyen*****4973
12/1/2150430 123.00Jade Nelson*****6015
12/1/2150431 61.00Virgie r Gray*****0903
12/1/2150432 36.00Melissa R Griffin*****6507
12/1/2150433 22.00Tiffany L Pellom*****1129
12/1/2150434 265.00Michelle T Cocker*****4736
12/1/2150435 11.00Delois Sanford*****4987
12/1/2150436 90.00Charlene M Best*****3869
12/1/2150437 66.00Renee d Ford*****8818
12/1/2150438 42.00Ebony N Manning*****4721
12/1/2150439 29.00Theresa M Evans*****1595
12/1/2150440 9.00Camille A Lascano*****2217
12/1/2150441 101.00Kimdreal G Venson*****8494
12/1/2150442 21.00Latasha P Martin*****4672
Check Summary PWO 11/24/2021 Page 2©2021, MRI Software LLC - All Rights Reserved. 49 12/1/2150443 292.00Jakeesha S Acree*****5692
12/1/2150444 62.00Tamika Brown*****1606
12/1/2150445 106.00DeAndre A Ellingberg*****8308
12/1/2150446 22.00Crystal j Houston*****5083
12/1/2150447 275.00Carrie L Saravia*****8992
12/1/2150448 140.00Genevieve L Allen*****1698
12/1/2150449 11.00Kwaume J Frederick*****6438
12/1/2150450 111.00Hermajo L Hoskins*****6573
12/1/2150451 92.00Linda P Smith*****6355
12/1/2150452 265.00Ebony N Washington*****8533
12/1/2150453 45.00Debra Gregory*****0256
12/1/2150454 167.00Stacie J Hogan*****3277
12/1/2150455 292.00Nova L Alfred*****9016
12/1/2150456 265.00Lisa F Jackson*****9937
12/1/2150457 26.00Sau C Ly*****2542
12/1/2150458 47.00Nathan Banks JR*****6953
12/1/2150459 7.00Beverly A Lockwood*****0342
12/1/2150460 39.00Ardean M Goulart*****6598
12/1/2150461 265.00Christina L Combs*****0344
12/1/2150462 132.00Briana l Edwards*****0849
12/1/2150463 55.00Daudi K Edmond*****7822
12/1/2150464 30.00Monique c Chaves*****5758
12/1/2150465 280.00Leilani S Gomez*****6095
12/1/2150466 1,706.00JOW & AAW, LLC*****9325
12/1/2150467 2,117.00A Classey Corp.

DBA: ACL Property Management
*****6825
12/1/2150468 4,195.00Western Addition Apartments, LLC*****9326 12/1/2150469 2,601.00Alamo Square Apartments LLC*****8574 12/1/2150470 1,554.00Jimmy Bhatia*****1636
12/1/2150471 1,635.00George Edward Cole*****2361
12/1/2150472 1,541.00Mr. Donald Rhodes
C/O Paul Shatswell Estate
*****2979
12/1/2150473 1,834.00Federal D Glover*****7079
12/1/2150474 2,299.00Guild Mortgage
Loan # 503-2003900
*****6137
12/1/2150475 1,720.00Hartz Property Management*****0348 12/1/2150476 3,274.00Diamond Hillside Apartments*****1057 12/1/2150477 2,364.00Steven Lau*****3941
12/1/2150478 2,725.00Miaogen Lu*****4593
12/1/2150479 1,127.00Dante McDonald*****3124
12/1/2150480 1,789.00Darryl H. Milburn*****4305
Check Summary PWO 11/24/2021 Page 3©2021, MRI Software LLC - All Rights Reserved. 50 12/1/2150481 1,963.00Ba Nguyen
Thu Thi Ngo
*****2593
12/1/2150482 1,816.00Lorene Paysinger*****9182
12/1/2150483 1,480.00Linda Phon*****7243
12/1/2150485 1,781.00Salmana S. Shah*****2839
12/1/2150486 1,445.61Santa Clara Housing Authority
12/1/2150487 6,001.00Sierra Pacific Properties*****7396 12/1/2150488 1,695.00Khalid Sultan*****8705
12/1/2150489 4,142.00Susana Paduro-Silva*****3302
12/1/2150490 1,256.00Albert S Tam*****8191
12/1/2150491 1,855.00Ventana Rental Homes*****5770
12/1/2150492 1,419.00San Marcos Villas*****1355
12/1/2150493 3,513.00Western Upper Haight Street Apartments, LLC*****9322 12/1/2150494 1,467.00Ying Na Yeung*****1102
12/1/2150496 1,800.00Fanny Kao Huang*****1535
12/1/2150497 19,319.00Marina Heights Apartments, LP*****7378 12/1/2150498 17,748.00Marina Heights Apartments, LP*****7378 12/1/2150499 15,710.00Marina Heights Apartments, LP*****7378 12/1/21120121001 6,337.009th Street Associates, LP* DD - ES*****2626 12/1/21120121002 926.00Meerwais Abdiani DD - ES*****0229 12/1/21120121003 16,122.00ABJ Enterprises, Inc. dba Blue Line Property Management
DD - ES*****8167
12/1/21120121004 1,430.00Leonda R Addison DD - ES*****9050 12/1/21120121005 1,557.00Amitabh Agrawal DD - ES*****7139 12/1/21120121006 1,117.00Rosario Aguilar DD - ES*****6232 12/1/21120121007 2,071.00Rosa Aguirre DD - ES*****5759
12/1/21120121008 1,780.00Demetrius Alexander DD - ES*****9530 12/1/21120121009 710.00Jane Alexander DD - ES*****5726
12/1/21120121010 1,551.00Dale Alvarez DD - ES*****9681
12/1/21120121012 2,840.00Cecilia Anderson DD - ES*****0104 12/1/21120121013 2,233.00Shawn Anderson DD - ES*****9111 12/1/21120121014 2,540.00Anisa Ebadi DD - ES*****5423
12/1/21120121015 31,065.00Stoneman Apartments DD - ES*****5951 12/1/21120121016 11,265.00Stoneman Apartments DD - ES*****5951 12/1/21120121017 2,008.00Mariteresa Arenson
c/o Select 1 Realty
DD - ES*****8701
12/1/21120121018 1,148.00Sergeant or Sima Austin DD - ES*****0707 12/1/21120121019 2,199.00Shruti Motilal Ba-Harani DD - ES*****4941 12/1/21120121020 1,951.00Mel L. Banagan DD - ES*****2764 12/1/21120121021 820.00Carlos G. Barraza DD - ES*****4138 Check Summary PWO 11/24/2021 Page 4©2021, MRI Software LLC - All Rights Reserved. 51 12/1/21120121022 1,446.00Ken Bartlett DD - ES*****3909 12/1/21120121023 2,627.00Donald Scott Barbour DD - ES*****1494 12/1/21120121024 1,939.00John Charles Bautista DD - ES*****7563 12/1/21120121025 1,175.00Christine Becerra DD - ES*****3637 12/1/21120121026 4,933.00Holly A Hawkins DD - ES*****9093 12/1/21120121028 1,815.00Charles Bell and Camino Johnson-Bell DD - ES*****8614 12/1/21120121029 24,061.00Belmont Apartments DD - ES*****2521 12/1/21120121030 30,864.00Belmont Apartments DD - ES*****2521 12/1/21120121031 26,425.00Belmont Apartments DD - ES*****2521 12/1/21120121032 934.00Alex Benjamen DD - ES*****5996
12/1/21120121033 1,643.00Tennyson Berry DD - ES*****6465 12/1/21120121034 2,403.00Bethel Global Development LLC DD - ES*****8634 12/1/21120121035 2,805.00Gina Bhatia DD - ES*****2209
12/1/21120121036 4,723.00Som N Bhatia DD - ES*****7075
12/1/21120121037 2,548.00Pinakin Bhatt DD - ES*****0602 12/1/21120121038 1,605.00Joseph B. Bachir DD - ES*****8470 12/1/21120121039 2,085.00Steven Booras DD - ES*****5924 12/1/21120121040 2,114.002018-2 IH Borrower LP DD - ES*****1438 12/1/21120121041 2,698.00Rosie M Boyd DD - ES*****2439
12/1/21120121042 2,051.00Victoria Boyko DD - ES*****8847 12/1/21120121043 1,441.00Kelly Ann Bradford DD - ES*****3037 12/1/21120121044 3,081.00Mariya Briggs DD - ES*****7855 12/1/21120121045 2,011.06Janet Brown DD - ES*****6215
12/1/21120121046 1,477.00Jessica G. Platt DD - ES*****7469 12/1/21120121047 2,589.00Blue Sapphire Homes, Inc. DD - ES*****9954 12/1/21120121048 4,200.00Huong T. Bui DD - ES*****2142
12/1/21120121050 3,194.00Mommi Cannon DD - ES*****3581
12/1/21120121052 2,025.00Donnell I. Carson DD - ES*****4042 12/1/21120121053 1,985.00Carpino, LLC DD - ES*****2700
12/1/21120121054 1,528.00Castle Creek Company, Inc.

Trust Account
DD - ES*****5079
12/1/21120121055 1,679.00Christopher Todd Chambers DD - ES*****6006 12/1/21120121056 745.00Cora Ann Chambers DD - ES*****6869 12/1/21120121057 2,165.00P. M. Chaobal DD - ES*****5571 12/1/21120121058 474.00Chao Chen DD - ES*****9661
12/1/21120121059 4,994.00Hong Chen DD - ES*****1853
12/1/21120121060 4,927.00Jienlin Chen DD - ES*****8946
12/1/21120121061 2,222.00Wenhua Chen DD - ES*****4714
12/1/21120121062 2,467.00Hwa-Yoong Chiu DD - ES*****5473 12/1/21120121063 2,556.00Ada Choi DD - ES*****3211
Check Summary PWO 11/24/2021 Page 5©2021, MRI Software LLC - All Rights Reserved. 52 12/1/21120121064 3,794.00Chun Ok Choi DD - ES*****2454 12/1/21120121065 2,291.00Michele Choi DD - ES*****7759
12/1/21120121066 2,632.00Chau Chung DD - ES*****2433
12/1/21120121067 3,922.00City of Pittsburg Housing Authority DD - ES*****0310 12/1/21120121068 1,233.00Juan F. Clara DD - ES*****3591 12/1/21120121069 331.92College Park Housing Authority DD - ES*****1362 12/1/21120121070 1,670.00Adolph Rudolph Cortesi III DD - ES*****0855 12/1/21120121071 1,529.00David Elmer Cortesi DD - ES*****5708 12/1/21120121072 1,125.14Contra Costa County Housing Authority DD - ES*****0746 12/1/21120121073 24,894.00Creekside Apartment Investors LLC DBA Creekside Village
DD - ES*****3772
12/1/21120121074 25,613.00Creekside Apartment Investors LLC DBA Creekside Village
DD - ES*****3772
12/1/21120121075 23,550.00Creekside Apartment Investors LLC DBA Creekside Village
DD - ES*****3772
12/1/21120121076 2,616.00Jeannette D. Crespo DD - ES*****6569 12/1/21120121077 1,285.00Patricia Crosby DD - ES*****7900 12/1/21120121078 1,739.00Jorge Robert Dagys Delevan
Catty Leticia Pajoluk
DD - ES*****3327
12/1/21120121079 1,464.00Justin Dailey DD - ES*****6248 12/1/21120121080 2,721.00Dam Quang To DD - ES*****1622
12/1/21120121081 1,714.00Danica J. French Evans DD - ES*****0793 12/1/21120121082 1,348.00Audrey Davis DD - ES*****2963
12/1/21120121083 1,091.00Kesha E. Davis DD - ES*****0396 12/1/21120121084 1,252.00Kevin Davidson DD - ES*****8929 12/1/21120121085 1,621.00Paulette Davis DD - ES*****4961 12/1/21120121086 1,429.00Roshan M. Davis DD - ES*****6115 12/1/21120121087 3,625.00Jagdeep or Shashi Dayal DD - ES*****9068 12/1/21120121088 2,714.00Wayman Dea DD - ES*****2031
12/1/21120121089 1,850.00Charles Dellamore DD - ES*****8370 12/1/21120121090 1,757.00David De La Torre DD - ES*****5882 12/1/21120121091 13,203.00Brigitte P. Doan DD - ES*****1004 12/1/21120121092 8,063.00Anna Phuongnam Thi Do DD - ES*****3531 12/1/21120121093 1,481.00Ester Coleman Dunlap DD - ES*****5568 12/1/21120121094 1,756.00Tyrone W. Duncan DD - ES*****5326 12/1/21120121095 1,345.00Linda Duong DD - ES*****6538
12/1/21120121096 2,555.00Mercy Housing California XXXVIII East Leland Court Apartments
DD - ES*****3406
12/1/21120121097 1,313.00Doris Engle Family Ltd Partnership c/o Select 1 Realty
DD - ES*****0372
12/1/21120121098 2,200.00Alma B Espiritu DD - ES*****3757 12/1/21120121099 1,486.00Johnathan Espinoza DD - ES*****4023 12/1/21120121100 1,154.00Gerardo M. Esquivel DD - ES*****8122 Check Summary PWO 11/24/2021 Page 6©2021, MRI Software LLC - All Rights Reserved. 53 12/1/21120121101 5,315.00Jianxin Fang DD - ES*****6027 12/1/21120121102 2,794.00Xiangfang Li DD - ES*****1830
12/1/21120121103 2,400.00Favian M. Wong DD - ES*****3602 12/1/21120121104 2,851.00Michael Mao
C/O Jing Feng
DD - ES*****3835
12/1/21120121105 1,775.00Barbara J. Fierner DD - ES*****2790 12/1/21120121106 1,137.00Joseph Field DD - ES*****9447
12/1/21120121107 1,570.00Hernan Roberto Figueroa DD - ES*****7691 12/1/21120121108 1,460.00Tochia D. Brewster Fleeton DD - ES*****0962 12/1/21120121109 1,395.00Alexander Flowers DD - ES*****5773 12/1/21120121110 26,121.00Fox Creek Apartments DD - ES*****4032 12/1/21120121111 4,242.00Fox Creek Apartments DD - ES*****4032 12/1/21120121112 1,775.00Monica Fraga DD - ES*****0284
12/1/21120121113 3,852.00Rejois O Frazier DD - ES*****6894 12/1/21120121115 2,164.00Mr. Darren Fuller DD - ES*****6265 12/1/21120121116 2,050.00Gialene Gaines DD - ES*****9634 12/1/21120121117 2,522.00Aminifu Gamba DD - ES*****9590 12/1/21120121118 2,331.00Kelly Yu Min Gao DD - ES*****2189 12/1/21120121119 1,466.00Adraine Gardner DD - ES*****6981 12/1/21120121120 1,212.00Antoinette L Garcia DD - ES*****4278 12/1/21120121121 3,099.00David Gardner DD - ES*****7036 12/1/21120121122 2,377.00Rupesh Garg DD - ES*****0785
12/1/21120121123 2,204.00W illiam H. Gardiner DD - ES*****2931 12/1/21120121124 6,285.00Gateway Apartments DD - ES*****5111 12/1/21120121125 1,110.00Parvindokht Ghaboulidashti DD - ES*****5298 12/1/21120121126 1,738.00Eva Gholson DD - ES*****2770
12/1/21120121127 2,660.00Vernon or Eva Gholson DD - ES*****1145 12/1/21120121128 1,486.00Jacqueline Gill DD - ES*****5958 12/1/21120121129 5,260.00Mahavir Gill
Mahavir S Gill Sr
DD - ES*****3566
12/1/21120121130 1,548.00Sukpran Gill DD - ES*****8187
12/1/21120121131 2,251.00Gold A and S LLC DD - ES*****6084 12/1/21120121132 846.00Hadiya A Gomez DD - ES*****6208
12/1/21120121133 2,807.00Jesse Gonzaga DD - ES*****3032 12/1/21120121134 2,163.00Ting Gong DD - ES*****2367
12/1/21120121135 2,676.00Frances Greene DD - ES*****6940 12/1/21120121136 962.00Rodney Green DD - ES*****4872
12/1/21120121137 2,972.00Rupinder Grewal DD - ES*****3361 12/1/21120121138 760.50Patricia Gridley DD - ES*****7325 12/1/21120121139 1,595.00Italo Grossi DD - ES*****6305
12/1/21120121140 1,413.00Amparo Guardado
Cesar Q. Guardado
DD - ES*****6721
Check Summary PWO 11/24/2021 Page 7©2021, MRI Software LLC - All Rights Reserved. 54 12/1/21120121141 4,076.00Krystle Guan DD - ES*****0940 12/1/21120121142 1,359.00Bob Gunson Real Estate
C/O Julie Hang
DD - ES*****5987
12/1/21120121143 2,956.00Abhilash Gupta DD - ES*****5267 12/1/21120121144 878.00Donald R. Watson, Sr. DD - ES*****7930 12/1/21120121145 1,597.00Asharfun Nisha Hafiz DD - ES*****6176 12/1/21120121146 5,558.00Jeffrey Paul Hagler DD - ES*****0457 12/1/21120121147 1,712.00Delores Jane Hall DD - ES*****9827 12/1/21120121148 2,165.00Clarence Jerome Hardison DD - ES*****4299 12/1/21120121149 1,939.00David L Hart DD - ES*****6228
12/1/21120121150 6,467.00Lawrence Harrold DD - ES*****1769 12/1/21120121151 8,515.00Delta Hawaii Garden Apartments LLC DD - ES*****7423 12/1/21120121152 1,911.00Chuanhu He DD - ES*****5859
12/1/21120121153 2,026.00Ji Yuan He DD - ES*****0855
12/1/21120121154 16,596.00David T. Hennigan DD - ES*****6728 12/1/21120121155 3,228.00Silvester C. Henderson DD - ES*****3097 12/1/21120121156 363.00Elias Herrera DD - ES*****2157
12/1/21120121157 357.00Marva Hill DD - ES*****1603
12/1/21120121158 2,133.00Chainchal Hira DD - ES*****3207 12/1/21120121159 1,319.00Carl E. Hoard II DD - ES*****6255 12/1/21120121160 2,803.00Hanh Huu Hoang DD - ES*****7386 12/1/21120121161 2,087.00Havy S Hoag DD - ES*****5654
12/1/21120121162 1,746.00Albert Ho DD - ES*****4106
12/1/21120121163 1,316.00Joyce Ann Hoffman DD - ES*****8576 12/1/21120121164 1,360.00Ronald G. Holmes DD - ES*****4543 12/1/21120121165 3,342.00SRH Holdings LLC DD - ES*****7987 12/1/21120121166 2,585.00Invitation Homes DD - ES*****2768 12/1/21120121167 1,367.00Tony Ho DD - ES*****5700
12/1/21120121168 2,794.00Cheng Huang DD - ES*****9956
12/1/21120121169 2,860.00Ming Zin Huang DD - ES*****8816 12/1/21120121170 7,227.00Tao Huang DD - ES*****7984
12/1/21120121171 2,586.00Xia Jing Huang DD - ES*****7838 12/1/21120121172 1,985.00Nancy Xiu Zhen Hu DD - ES*****9084 12/1/21120121173 2,400.00Thinh Trieu Huynh DD - ES*****6229 12/1/21120121174 167.00IGreen House Inc. DD - ES*****0778 12/1/21120121175 3,228.00IH5 Property West LP DD - ES*****7951 12/1/21120121176 1,451.00Keyee Investment LLC DD - ES*****8323 12/1/21120121177 1,991.00LaShon D Irving DD - ES*****1017 12/1/21120121178 2,319.00Michael or Kay Isola DD - ES*****6821 12/1/21120121179 1,891.00Jabbarr Love DD - ES*****4913
12/1/21120121180 2,920.00Consuelo Marie Jackson DD - ES*****1075 Check Summary PWO 11/24/2021 Page 8©2021, MRI Software LLC - All Rights Reserved. 55 12/1/21120121181 5,171.00Deepika Sameer Jain DD - ES*****5120 12/1/21120121182 7,887.00Sameer Jain DD - ES*****4910
12/1/21120121183 1,157.00Vishal S. Jain DD - ES*****3307 12/1/21120121184 2,611.00Jason Le DD - ES*****1349
12/1/21120121185 1,486.00Jian Xing Zhang DD - ES*****6917 12/1/21120121186 1,964.00Krystal Johnson DD - ES*****3090 12/1/21120121187 1,480.00Ronita Johnson DD - ES*****8569 12/1/21120121188 1,486.00James Jones DD - ES*****8867
12/1/21120121189 1,923.00Sharon Jones DD - ES*****2434
12/1/21120121190 1,700.00Mostaeen B Jouya DD - ES*****4905 12/1/21120121191 3,231.00Om Parkash Kalra DD - ES*****5647 12/1/21120121192 4,841.00Wei Kang DD - ES*****8425
12/1/21120121193 2,380.00Navkirandeep Kaur DD - ES*****7429 12/1/21120121194 1,735.00KC Prime LLC DD - ES*****5248
12/1/21120121195 1,830.00K. E. M. Group LLC DD - ES*****6180 12/1/21120121196 3,512.00Anthony Keslinke DD - ES*****9411 12/1/21120121197 2,318.00Kevin Moffett DD - ES*****6230 12/1/21120121198 1,436.00Faraz Ali Khan DD - ES*****2578 12/1/21120121199 3,021.00KW Kirker Creek, LLC DD - ES*****0888 12/1/21120121200 2,784.00John N Kitta DD - ES*****9221
12/1/21120121201 5,966.00Qi Yun Kuang DD - ES*****7475
12/1/21120121202 1,659.00Simon Kailiang Kuang DD - ES*****8506 12/1/21120121203 1,335.00Zdzislaw Kujawa DD - ES*****9316 12/1/21120121204 3,371.00Daniel Kwan DD - ES*****2585
12/1/21120121205 1,480.00Thomas LaFleur DD - ES*****8326 12/1/21120121206 1,415.00Chow Kang Lam DD - ES*****7845 12/1/21120121207 1,051.00Shirley Manly-Lampkin DD - ES*****6520 12/1/21120121208 1,454.00Peter C. Larsen DD - ES*****7975 12/1/21120121209 1,175.00Kevin Lassair
Terrilyn Lassair
DD - ES*****2401
12/1/21120121210 4,037.00Latif, LLC DD - ES*****4732
12/1/21120121211 4,140.00LCSTAR, LLC DD - ES*****2293
12/1/21120121212 2,018.00Dao Tran Le DD - ES*****0984
12/1/21120121213 2,370.00Jack Wai Lee DD - ES*****8548
12/1/21120121214 2,235.00Siu Wan Windytiti Lee DD - ES*****1755 12/1/21120121215 1,664.00Steven Lee DD - ES*****2527
12/1/21120121216 1,899.00Yuhjen Juang Lee DD - ES*****5289 12/1/21120121217 2,461.00Huy Nguyen Le DD - ES*****7087 12/1/21120121218 714.00Lena Le DD - ES*****1860
12/1/21120121219 1,420.00Joseph C. Lerma DD - ES*****3782 12/1/21120121220 1,298.00Yiping I. and Frederic Leroudier DD - ES*****3555 Check Summary PWO 11/24/2021 Page 9©2021, MRI Software LLC - All Rights Reserved. 56 12/1/21120121221 8,014.00John M. Leung DD - ES*****3410 12/1/21120121222 3,770.00May Leung or Rodney Chen DD - ES*****3743 12/1/21120121223 2,499.00Peter Leung DD - ES*****2110
12/1/21120121224 8,478.00James J. Busby and Irvin Deutcher a Partnership DBA Crestview Apartments
DD - ES*****3386
12/1/21120121225 2,449.00Faqiang Li DD - ES*****0416
12/1/21120121226 1,762.00Jie Li DD - ES*****8871
12/1/21120121227 1,505.00Jinhuan Li DD - ES*****7827
12/1/21120121228 1,123.00Joshua Li DD - ES*****9346
12/1/21120121229 1,166.00Tim Lindstrom
c/o AAA Property Management
DD - ES*****2649
12/1/21120121230 1,226.00Vivian Y Li DD - ES*****3881
12/1/21120121232 1,632.00Wei Min Li DD - ES*****0050
12/1/21120121233 6,074.00Ying Hong Li DD - ES*****9003
12/1/21120121234 2,596.00Belkis Zhong Li DD - ES*****0198 12/1/21120121235 2,001.00Paul Long DD - ES*****1646
12/1/21120121236 14,235.00Los Medanos Village Apartments DD - ES*****1474 12/1/21120121237 1,425.00Tony or Yvonne Louie DD - ES*****7531 12/1/21120121238 547.00Anthony Charles Loyola DD - ES*****3708 12/1/21120121239 883.00Jose Loza DD - ES*****7720
12/1/21120121240 2,383.00Andrew Kin Lui DD - ES*****2354 12/1/21120121241 1,482.00Wei Li u
Guangxin Frank Liu
DD - ES*****4658
12/1/21120121242 1,374.00The Entrust Group, Inc. FBO Theodore Lum IRA (acct #34892)
DD - ES*****7843
12/1/21120121243 560.00Curtis H. Lundberg DD - ES*****1821 12/1/21120121244 4,962.00Xiangwen Lu DD - ES*****1494
12/1/21120121245 1,301.00Chi Vien Ly DD - ES*****2147
12/1/21120121246 2,172.00Yolanda McDonald DD - ES*****4009 12/1/21120121247 1,605.00Madelyn Ann Massey
Trustee of the 2017 Massey Family Trust
DD - ES*****6525
12/1/21120121248 2,999.00Rakesh Madra DD - ES*****5865
12/1/21120121249 2,240.00Radha Mahesram DD - ES*****2191 12/1/21120121250 2,452.00Mahnoor Tariq DD - ES*****7358 12/1/21120121251 3,662.00Jennifer Leung Ma DD - ES*****4372 12/1/21120121252 7,114.00Jeff Mann DD - ES*****1989
12/1/21120121253 2,403.00Glenn Marshall DD - ES*****5378 12/1/21120121254 527.00Marla Y Harrison DD - ES*****2875 12/1/21120121255 2,746.00Elisa Aurora Martinez DD - ES*****4697 12/1/21120121256 2,624.00Demetria d Mason DD - ES*****9206 12/1/21120121257 1,647.00Matthew Lui DD - ES*****9994
12/1/21120121258 1,091.00Matrixone Realty DD - ES*****6768 Check Summary PWO 11/24/2021 Page 10©2021, MRI Software LLC - All Rights Reserved. 57 12/1/21120121259 1,933.00Helen McCarthy DD - ES*****5255 12/1/21120121260 1,230.00Janice K McLean DD - ES*****1152 12/1/21120121261 1,925.00Meadow Glen Apartments DD - ES*****4675 12/1/21120121262 3,564.00Tatung Mei DD - ES*****9866
12/1/21120121263 1,653.00Jinyu Meng DD - ES*****5245
12/1/21120121264 5,059.00Sabine Menzel DD - ES*****4885 12/1/21120121265 748.00Mercedes P. Johnson DD - ES*****0133 12/1/21120121266 932.00Hector Meza DD - ES*****8272
12/1/21120121267 1,904.00Andrew S Miloslavich DD - ES*****9885 12/1/21120121268 2,244.00Perchak Properties for Carol Miller DD - ES*****7437 12/1/21120121269 2,012.00Millennium Homes DD - ES*****4000 12/1/21120121270 1,856.00Maryann Miller DD - ES*****9782 12/1/21120121271 579.00Carlos J Miranda DD - ES*****2618 12/1/21120121272 9,890.00Hassan Mirabedi DD - ES*****0772 12/1/21120121273 2,998.00Gwendolyn Mitchell DD - ES*****6741 12/1/21120121274 2,603.00Momin Raees DD - ES*****4885
12/1/21120121275 1,652.00Rodney Montgomery
or Sharon Montgomery
DD - ES*****0985
12/1/21120121276 1,874.00Erik L Morris DD - ES*****4676 12/1/21120121277 1,990.00Diane Morin DD - ES*****3624
12/1/21120121278 803.00Brien Brothers, LLC
C/O Mynd Management, IC.

DD - ES*****8820
12/1/21120121279 4,155.00Mynd Management Inc, DD - ES*****1388 12/1/21120121280 3,552.00Ehsan Nabkel DD - ES*****0105
12/1/21120121281 6,828.00Shinder Paul Narabut DD - ES*****6234 12/1/21120121282 17,475.00NC Associates, Inc. DD - ES*****0054 12/1/21120121283 2,938.00Michael Nelson DD - ES*****9180 12/1/21120121284 1,741.00Guy Nesbeth DD - ES*****5257
12/1/21120121285 2,857.00Dominic Y Ng DD - ES*****1072
12/1/21120121286 2,083.00Knowland Ging Ng DD - ES*****3604 12/1/21120121287 298.00Patrick Ng
Mike Perry, Property Manager
DD - ES*****8594
12/1/21120121288 1,642.00Hieu Nguyen DD - ES*****0738
12/1/21120121289 2,162.00Huy Quang Nguyen DD - ES*****7154 12/1/21120121290 1,925.00Mai Thi Thanh Nguyen DD - ES*****8307 12/1/21120121291 1,900.00Quyen Nguyen DD - ES*****4366
12/1/21120121292 688.00Tieu Nguyen DD - ES*****8241
12/1/21120121293 2,500.00Nichole Nicholson DD - ES*****2660 12/1/21120121294 3,301.00Ernest Nichols III DD - ES*****7265 12/1/21120121295 4,203.00Peter Niloufari DD - ES*****6497 12/1/21120121297 1,690.00Kevin Nord DD - ES*****8129
12/1/21120121298 1,915.00Richard A Norte DD - ES*****0056 Check Summary PWO 11/24/2021 Page 11©2021, MRI Software LLC - All Rights Reserved. 58 12/1/21120121299 1,094.00North State Financial, Inc. DD - ES*****2286 12/1/21120121300 23,637.00New Way Management Services, Inc. DD - ES*****7171 12/1/21120121301 882.00Sheryl O'Brien DD - ES*****0056
12/1/21120121302 1,484.00Jennifer Odei DD - ES*****1194 12/1/21120121303 643.00Dwight J Owens DD - ES*****5572
12/1/21120121304 1,694.00Diane Oles DD - ES*****1780
12/1/21120121305 1,932.00Esosa A. Omokaro DD - ES*****4543 12/1/21120121306 1,785.00Sandra L Ortiz DD - ES*****3741 12/1/21120121307 2,716.00Chinenye Osuagwu DD - ES*****1081 12/1/21120121308 2,517.00Olubukola Amoke Oyebade DD - ES*****9139 12/1/21120121309 2,180.00Mutlu Ozer DD - ES*****3324
12/1/21120121310 3,297.00Diablo Pacific, Inc. DD - ES*****6009 12/1/21120121311 2,769.00Pacific Living, LLC DD - ES*****4083 12/1/21120121312 2,800.00Hemangini & Vijendra Patel DD - ES*****7811 12/1/21120121313 787.00Kokila Patel DD - ES*****0885
12/1/21120121314 1,282.00Patiala, LLC
Deepinder Kaur or Ajay Singh
DD - ES*****0346
12/1/21120121315 574.00Virendra M. Patel DD - ES*****8684 12/1/21120121316 1,760.00Jason Pauline DD - ES*****8047 12/1/21120121317 1,391.00Loycell Peacock DD - ES*****3189 12/1/21120121318 1,272.00Scott Pease DD - ES*****5165
12/1/21120121319 1,486.00Alonso R. Perez DD - ES*****8805 12/1/21120121320 268.00Maria Del Carmen Perez DD - ES*****3278 12/1/21120121321 922.00Lowde Y. Perkins DD - ES*****6784 12/1/21120121322 535.00Cong Thi Pham DD - ES*****4893
12/1/21120121323 2,583.00May K. Pho DD - ES*****5884
12/1/21120121324 2,952.00Pittsburg Park Apartments DD - ES*****0958 12/1/21120121325 1,458.00SK Pittsburg Bay Point
SK Pittsburg Bay Point
DD - ES*****2744
12/1/21120121326 1,780.00Bay Point Orphans Fund, LLC DD - ES*****1097 12/1/21120121327 2,486.00Prime Metropolis Properties, Inc. DD - ES*****8826 12/1/21120121328 1,769.00IH5 Property West LP DD - ES*****2849 12/1/21120121329 1,870.00Marples Property Management DD - ES*****3398 12/1/21120121330 3,352.00A. Meadows Property Management DD - ES*****4650 12/1/21120121331 1,711.00Parks Property Management DD - ES*****6551 12/1/21120121332 3,174.00Stokley Properties LLC Harbor DD - ES*****7789 12/1/21120121333 4,252.00Property Upsurge, Inc. DD - ES*****8055 12/1/21120121334 835.00Amjad Qaqish DD - ES*****0782
12/1/21120121335 1,800.00Sam or Sonia Quinones DD - ES*****9542 12/1/21120121336 1,387.00Amos Radford DD - ES*****4029
12/1/21120121337 1,819.00Kuljit P Raju DD - ES*****1034 Check Summary PWO 11/24/2021 Page 12©2021, MRI Software LLC - All Rights Reserved. 59 12/1/21120121338 2,474.00Paramjit K. Raju DD - ES*****2261 12/1/21120121339 2,042.00Christopher Ramirez DD - ES*****3452 12/1/21120121340 531.00Enrique or Stacy Ramirez DD - ES*****8489 12/1/21120121341 1,345.00Erika Ramirez DD - ES*****2162 12/1/21120121343 1,695.00Rohini Ram-Cline DD - ES*****2283 12/1/21120121344 1,933.00David Raughton DD - ES*****6068 12/1/21120121345 1,581.00RayCaro Inc. DD - ES*****8337
12/1/21120121346 1,479.00Croskey Real Estate, Inc. DD - ES*****8227 12/1/21120121347 3,628.00Amerasia Real Estate Fund LLC DD - ES*****6703 12/1/21120121348 19,639.00Reliant - Woods Grove, LP DD - ES*****7083 12/1/21120121349 538.00Eric Franklin Remson DD - ES*****7349 12/1/21120121350 13,982.00RH Portofino Owner CA LLC DD - ES*****3881 12/1/21120121351 1,964.00Kameryn Victoria Ray DD - ES*****9215 12/1/21120121352 1,901.00Roger Riley DD - ES*****9321
12/1/21120121353 6,880.00Rising Investments LLC DD - ES*****4562 12/1/21120121354 2,679.00Robert W. Daniels DD - ES*****4809 12/1/21120121355 2,504.00Jason Ruffin DD - ES*****0694
12/1/21120121356 1,746.00Elvira Ruiz DD - ES*****4579
12/1/21120121357 2,300.00Constance Russell DD - ES*****5248 12/1/21120121358 1,649.00Maridel P Santos DD - ES*****3871 12/1/21120121359 1,188.00Gregory Paul Schulz DD - ES*****7615 12/1/21120121360 2,284.00Richard M. Sciortino DD - ES*****9954 12/1/21120121361 1,658.00Jacqueline Selinger DD - ES*****7031 12/1/21120121362 1,566.00Young Sook Seroy DD - ES*****5346 12/1/21120121363 2,559.00SETRC, LLC DD - ES*****6765
12/1/21120121364 1,016.00Mohinder Sharma DD - ES*****1446 12/1/21120121365 1,212.00Shailesh & Bela Patel DD - ES*****7239 12/1/21120121366 1,939.00Mohammad Shekib DD - ES*****1357 12/1/21120121367 1,535.00Yihui Shi DD - ES*****5981
12/1/21120121368 5,358.00Shorten Investments LLC DD - ES*****5994 12/1/21120121369 12,626.00Sierra Pacific Properties Inc Sierra Pacific Properties Inc
DD - ES*****7396
12/1/21120121370 15,277.00Siena Court Apartments DD - ES*****7789 12/1/21120121371 4,337.00Sierra Pacific Properties
Peppertree Apartments
DD - ES*****7396
12/1/21120121372 27,591.00Sierra Pacific Properties
Woodland Hills Apartments
DD - ES*****7396
12/1/21120121374 982.00Frank M. Siino DD - ES*****6650
12/1/21120121375 1,530.00Joseph Michael Siino DD - ES*****8035 12/1/21120121376 506.00Gloria Silva DD - ES*****5399
12/1/21120121377 1,688.00Marc J. Simpson DD - ES*****8407 12/1/21120121378 1,500.00Son Singh DD - ES*****6058
Check Summary PWO 11/24/2021 Page 13©2021, MRI Software LLC - All Rights Reserved. 60 12/1/21120121379 1,270.00Crystal Situ DD - ES*****0700 12/1/21120121380 1,975.00Lakesha Michelle Smith
Lionel R Smith
DD - ES*****3853
12/1/21120121381 1,898.00Molly Smith DD - ES*****4970
12/1/21120121382 945.00Sherritta M Smith DD - ES*****9092 12/1/21120121383 2,448.00Cinthia Sosa DD - ES*****2032
12/1/21120121384 2,131.00Angela E. Robinson-Spencer DD - ES*****6977 12/1/21120121386 1,784.00Deborah Steppe DD - ES*****5343 12/1/21120121387 1,900.00Darice Streeter
c/o R R Rentals
DD - ES*****5308
12/1/21120121389 3,581.00Abby Sukarto DD - ES*****8216
12/1/21120121390 1,351.00Ms. Li Su DD - ES*****7479
12/1/21120121391 2,913.00Summit Venture Group, LLC DD - ES*****1235 12/1/21120121392 1,655.00Kamaljeet Surila DD - ES*****6168 12/1/21120121393 3,040.00Svetlana Kondratiouk DD - ES*****0804 12/1/21120121394 7,715.00Joyce Hui Sy DD - ES*****0399
12/1/21120121395 1,609.00Tasharie C. Ameral DD - ES*****3065 12/1/21120121396 1,892.00Yun Teng
W eijie Zhang
DD - ES*****6283
12/1/21120121397 2,675.00Ms. Natasha Terry DD - ES*****9166 12/1/21120121398 2,875.00Quyen Minh Thai DD - ES*****2164 12/1/21120121399 2,200.00Silvia Thein and Ada Choi DD - ES*****9314 12/1/21120121400 2,654.00Tequila Nashannon Thornton DD - ES*****7191 12/1/21120121401 1,486.00Yoway Wilson Tong DD - ES*****1714 12/1/21120121402 1,374.00Lourdes or Raymond Tovar DD - ES*****1405 12/1/21120121403 2,923.00Raphael Minhtuyen Tran DD - ES*****2094 12/1/21120121404 2,789.00Richard Tran DD - ES*****8623
12/1/21120121405 1,148.00Thuy Tran DD - ES*****1327
12/1/21120121406 1,486.00Thanh Van Trinh DD - ES*****6165 12/1/21120121407 1,094.00Sean Thuyet Truong DD - ES*****5313 12/1/21120121408 1,717.00Van Truong DD - ES*****9321
12/1/21120121409 2,950.00Erica Uschold DD - ES*****6917 12/1/21120121410 1,169.00Lidia Valladares DD - ES*****4582 12/1/21120121411 1,498.00Victor D Valenzuela DD - ES*****0250 12/1/21120121412 1,550.00Gary D. Vasconcellos DD - ES*****3371 12/1/21120121413 2,586.00Veritel Homes LLC DD - ES*****3239 12/1/21120121414 2,648.00Azell Vickers DD - ES*****5310 12/1/21120121415 4,350.00Nuno G Vieira DD - ES*****9682 12/1/21120121416 1,239.00Kim Uyen Minh Vu DD - ES*****7391 12/1/21120121417 1,213.00Stephen Cordell Wafer DD - ES*****2720 12/1/21120121418 1,874.00Lining Wan DD - ES*****6924
Check Summary PWO 11/24/2021 Page 14©2021, MRI Software LLC - All Rights Reserved. 61 12/1/21120121419 2,107.00Wei Wang DD - ES*****6945
12/1/21120121420 1,781.00Yu Ruo Wang DD - ES*****1634
12/1/21120121421 2,583.00Ms. Brigitte Warren
C/O Perry Realty Team
DD - ES*****7593
12/1/21120121422 1,996.00Mildred Lucille W ashington DD - ES*****5502 12/1/21120121424 3,319.00Wenying Chang DD - ES*****4384 12/1/21120121425 651.00Holly Wen DD - ES*****5295
12/1/21120121426 4,904.00Lewis White & Ruth White
Elma Ruth White
DD - ES*****4908
12/1/21120121427 2,165.00Fenny Wijayanti DD - ES*****6220 12/1/21120121428 1,951.00Ms Adrienne Wilson
C/O Gabe Essoe
DD - ES*****7867
12/1/21120121429 936.00Kathleen and John Wilson DD - ES*****5057 12/1/21120121430 2,207.00Kathy D. W illiams DD - ES*****8702 12/1/21120121431 2,800.00Tasia La Vonda Williams DD - ES*****5480 12/1/21120121432 999.00Windeler Development Group, Inc. DD - ES*****5026 12/1/21120121433 8,941.00Har Pan Wong DD - ES*****1157
12/1/21120121434 1,702.00Joanne Wong DD - ES*****6356
12/1/21120121435 634.00Kinney Ming Wong DD - ES*****1060 12/1/21120121436 1,646.00Vincent Wong DD - ES*****2784
12/1/21120121437 3,728.00Hong Wu DD - ES*****3962
12/1/21120121438 2,701.00Zhang Jin Wu DD - ES*****3698
12/1/21120121439 3,942.00Drewcillia W yatt DD - ES*****2556 12/1/21120121440 2,219.00Sheree Wynn DD - ES*****2651
12/1/21120121441 2,940.00Chao Xu DD - ES*****4644
12/1/21120121442 2,725.00Ping Ping Xu
Keming Wang
DD - ES*****3880
12/1/21120121443 2,853.00Zhou Xu DD - ES*****5087
12/1/21120121444 2,512.00Yifan Ye
Mike Perry, Property Manager
DD - ES*****4383
12/1/21120121445 912.00Sally Yip DD - ES*****6779
12/1/21120121446 1,790.00Yong Qiang Lu DD - ES*****6210 12/1/21120121447 2,407.00Chris Kui You DD - ES*****6178 12/1/21120121448 1,295.00Yee Yue Cheung DD - ES*****7622 12/1/21120121449 2,455.00Mohammad Zalmaiyar DD - ES*****8664 12/1/21120121450 2,726.00Feng Zhang DD - ES*****8685
12/1/21120121451 1,412.00Jielu Zhao DD - ES*****7638
12/1/21120121452 2,721.00Katherine Zhao DD - ES*****2407 12/1/21120121453 1,988.00Wei Bin Zhang or Gao Wei DD - ES*****2940 12/1/21120121454 1,964.00Xirong Zhao DD - ES*****3259
12/1/21120121455 1,637.00Yan Zhang DD - ES*****5640
12/1/21120121456 1,462.00Xiang Yang Zheng DD - ES*****4367 Check Summary PWO 11/24/2021 Page 15©2021, MRI Software LLC - All Rights Reserved. 62 12/1/21120121457 2,461.00Zhixing Li DD - ES*****9263 12/1/21120121458 1,932.00Joy Yi Zhou DD - ES*****3830
12/1/21120121459 5,364.00Shengguo Zhu DD - ES*****7805
12/1/21120121460 5,154.00Ying Zhu
Ying Zhu
DD - ES*****6132
12/1/21120121461 1,333.00W eijie Zhang DD - ES*****4651 $1,525,903.67
1,515,706.71
10,752.90
HAP

0.00 UR

0.00 Damage Claim
Vacancy Claim
-555.94Administrative Fee

0.00 0.00
FSS Escrow Account
Shelter Plus Security Deposit

0.00Other
All Payments
Housing Choice Voucher
Check
Number Amount
Check Summary
Check Date Payee Tax ID Payee
VASH
December 1, 2021
12/1/2150374 22.00James E Phifer Jr.*****8792
12/1/2150376 71.00John M Ferguson*****2062
12/1/2150391 29.00Troy Mills*****7845
12/1/2150404 67.00Timothy P Harrington*****2982
12/1/2150466 2,109.00JOW & AAW, LLC*****9325
12/1/2150468 1,483.00Western Addition Apartments, LLC*****9326 12/1/2150470 1,172.00Jimmy Bhatia*****1636
12/1/2150471 1,267.00George Edward Cole*****2361
12/1/2150484 1,700.00MSR Rental Properties, LLC
C/O EEN Property Management
*****2116
12/1/2150491 1,766.00Ventana Rental Homes*****5770
12/1/2150495 1,354.00Olga M. Disney*****9507
12/1/2150497 3,272.00Marina Heights Apartments, LP*****7378 12/1/2150498 3,187.00Marina Heights Apartments, LP*****7378 12/1/2150499 1,103.00Marina Heights Apartments, LP*****7378 12/1/21120121011 1,483.00Felipe Amarante DD - ES*****4636 12/1/21120121022 1,370.00Ken Bartlett DD - ES*****3909
12/1/21120121027 720.00Adrienne Kelly Belton DD - ES*****7492 12/1/21120121036 1,261.00Som N Bhatia DD - ES*****7075
Check Summary PWO 11/24/2021 Page 16©2021, MRI Software LLC - All Rights Reserved. 63 12/1/21120121049 1,079.00Joe Burns DD - ES*****8860
12/1/21120121051 1,677.00Clara Beatriz Cardenas DD - ES*****2513 12/1/21120121072 -1,125.14Contra Costa County Housing Authority DD - ES*****0746 12/1/21120121073 3,725.00Creekside Apartment Investors LLC DBA Creekside Village
DD - ES*****3772
12/1/21120121074 5,888.00Creekside Apartment Investors LLC DBA Creekside Village
DD - ES*****3772
12/1/21120121075 6,907.00Creekside Apartment Investors LLC DBA Creekside Village
DD - ES*****3772
12/1/21120121096 600.00Mercy Housing California XXXVIII East Leland Court Apartments
DD - ES*****3406
12/1/21120121111 789.00Fox Creek Apartments DD - ES*****4032 12/1/21120121114 1,822.00FRR Investments LLC DD - ES*****4432 12/1/21120121124 3,656.00Gateway Apartments DD - ES*****5111 12/1/21120121143 1,730.00Abhilash Gupta DD - ES*****5267 12/1/21120121154 3,270.00David T. Hennigan DD - ES*****6728 12/1/21120121220 2,472.00Yiping I. and Frederic Leroudier DD - ES*****3555 12/1/21120121224 1,222.00James J. Busby and Irvin Deutcher a Partnership DBA Crestview Apartments
DD - ES*****3386
12/1/21120121231 3,074.00Paul Livson DD - ES*****1547
12/1/21120121244 3,475.00Xiangwen Lu DD - ES*****1494
12/1/21120121296 1,604.00Northstar Financial Group, LLC DD - ES*****9886 12/1/21120121342 1,685.00Ramsey Horton DD - ES*****7228 12/1/21120121347 1,662.00Amerasia Real Estate Fund LLC DD - ES*****6703 12/1/21120121348 2,684.00Reliant - Woods Grove, LP DD - ES*****7083 12/1/21120121369 4,039.00Sierra Pacific Properties Inc
Sierra Pacific Properties Inc
DD - ES*****7396
12/1/21120121370 1,165.00Siena Court Apartments DD - ES*****7789 12/1/21120121371 2,815.00Sierra Pacific Properties
Peppertree Apartments
DD - ES*****7396
12/1/21120121373 1,761.00Sierra Pacific Properties
Woodland Hills Apartments
DD - ES*****7396
12/1/21120121385 2,086.00Ramzi D Srouji DD - ES*****3465 12/1/21120121388 1,420.44Suisun City Housing Authority DD - ES*****0437 12/1/21120121403 1,713.00Raphael Minhtuyen Tran DD - ES*****2094 12/1/21120121423 1,957.00Isidoro Weitzman DD - ES*****4563 12/1/21120121426 1,078.00Lewis White & Ruth White
Elma Ruth White
DD - ES*****4908
Check Summary PWO 11/24/2021 Page 17©2021, MRI Software LLC - All Rights Reserved. 64 $89,366.30
88,863.44
189.00
HAP

0.00 UR

0.00 Damage Claim
Vacancy Claim
313.86Administrative Fee

0.00 0.00
FSS Escrow Account
Shelter Plus Security Deposit

0.00Other
All Payments
VASH
$1,615,269.97
1,604,570.15
10,941.90
HAP

0.00 UR

0.00 Damage Claim
Vacancy Claim
-242.08Administrative Fee

0.00 0.00
FSS Escrow Account
Shelter Plus Security Deposit

0.00Other
All Payments
Grand Total
Check Summary PWO 11/24/2021 Page 18©2021, MRI Software LLC - All Rights Reserved. <3,074>Paul Livson payment
for two tenants was
stopped ACH. Will
issue the payments
again for the mid
month check run.

VASH
65 Check
Number Amount
Check Summary
Check Date Payee Tax ID Payee
Housing Choice Voucher
December 15, 2021
12/15/2150500 9.00Kamika C Thigpen* *****3180
12/15/2150501 121.00Michelle L Mccoy*****3357
12/15/2150502 31.00Lynda E Manning*****7136
12/15/2150503 117.00DeAndre A Ellingberg*****8308
12/15/2150504 4,815.00Marina Heights Apartments, LP*****7378 12/15/21121521001 2,634.80Belmont Apartments* DD - ES*****2521 12/15/21121521002 1.33College Park Housing Authority DD - ES*****1362 12/15/21121521003 3.96Contra Costa County Housing Authority DD - ES*****0746 12/15/21121521004 1,486.00Creekside Apartment Investors LLC DBA Creekside Village
DD - ES*****3772
12/15/21121521005 379.00Patricia Crosby DD - ES*****7900 12/15/21121521006 41.00Jagdeep or Shashi Dayal DD - ES*****9068 12/15/21121521007 618.00Lawrence Harrold DD - ES*****1769 12/15/21121521008 1,994.00Havy S Hoag DD - ES*****5654
12/15/21121521009 2,472.00Junchi Hou DD - ES*****4310
12/15/21121521010 47.00Qi Yun Kuang DD - ES*****7475
12/15/21121521011 474.00Radha Mahesram DD - ES*****2191 12/15/21121521012 889.00Sabine Menzel DD - ES*****4885
12/15/21121521013 728.00Esosa A. Omokaro DD - ES*****4543 12/15/21121521014 476.00Deborah Steppe DD - ES*****5343 $17,337.09
17,053.80
278.00
HAP

0.00 UR

0.00 Damage Claim
Vacancy Claim

5.29Administrative Fee

0.00 0.00
FSS Escrow Account
Shelter Plus Security Deposit

0.00Other
All Payments
Housing Choice Voucher
Check Summary PWO 12/10/2021 Page 1©2021, MRI Software LLC - All Rights Reserved. 66 Check
Number Amount
Check Summary
Check Date Payee Tax ID Payee
VASH
December 15, 2021
12/15/2150504 -1,160.00Marina Heights Apartments, LP*****7378 12/15/21121521003 -3.96Contra Costa County Housing Authority DD - ES*****0746 -$1,163.96
-1,173.86

0.00 HAP

0.00 UR

0.00 Damage Claim
Vacancy Claim

9.90Administrative Fee

0.00 0.00
FSS Escrow Account
Shelter Plus Security Deposit

0.00Other
All Payments
VASH
$16,173.13
15,879.94
278.00
HAP

0.00 UR

0.00 Damage Claim
Vacancy Claim

15.19Administrative Fee

0.00 0.00
FSS Escrow Account
Shelter Plus Security Deposit

0.00Other
All Payments
Grand Total
Check Summary PWO 12/10/2021 Page 2©2021, MRI Software LLC - All Rights Reserved.

VASH
67 Check
Number Amount
Check Summary
Check Date Payee Tax ID Payee
Housing Choice Voucher
December 21, 2021
12/21/21122021001 2,300.00Brandi Jackson
c/o Perry Realty Team
* DD - ES*****2036
12/21/21122021003 244.00Los Medanos Village Apartments DD - ES*****1474 12/21/21122021004 382.00Hassan Mirabedi DD - ES*****0772 12/21/21122021005 1,903.00Patricia Boss DD - ES*****7654 12/21/21122021006 2,267.00Raman Singh DD - ES*****3639
$7,096.00
7,096.00

0.00 HAP

0.00 UR

0.00 Damage Claim
Vacancy Claim

0.00Administrative Fee

0.00 0.00
FSS Escrow Account
Shelter Plus Security Deposit

0.00Other
All Payments
Housing Choice Voucher
Check
Number Amount
Check Summary
Check Date Payee Tax ID Payee
VASH
December 21, 2021
12/21/21122021002 1,585.00Paul Livson DD - ES*****1547
$1,585.00
1,585.00

0.00 HAP

0.00 UR

0.00 Damage Claim
Vacancy Claim

0.00Administrative Fee

0.00 0.00
FSS Escrow Account
Shelter Plus Security Deposit

0.00Other
All Payments
VASH
Check Summary PWO 12/20/2021 Page 1©2021, MRI Software LLC - All Rights Reserved. 68 $8,681.00
8,681.00

0.00 HAP

0.00 UR

0.00 Damage Claim
Vacancy Claim

0.00Administrative Fee

0.00 0.00
FSS Escrow Account
Shelter Plus Security Deposit

0.00Other
All Payments
Grand Total
Check Summary PWO 12/20/2021 Page 2©2021, MRI Software LLC - All Rights Reserved. 69 Ck# Amount HAP ₁ VASH₂ UR₃ Portability Admin. Fee TOTAL 50217-50356 1,615,269.97$ 1,493,139.85 88,863.44 10,894.90 21,913.00 458.78 1,615,269.97$ 110121001-110121462

50357-50363 24,854.13 23,601.99 (1,173.86) 278.00 2,148.00 - 24,854.13 111521001-111521009
TOTAL 1,640,124.10$ 1,516,741.84 87,689.58 11,172.90 24,061.00 458.78 1,640,124.10$ ¹Housing Assistance Payment ²Veterans Affairs Supportive Housing ³Utility Reimbursement TOTAL
Salaries and Wages 42,747.35$
Salaries- Overtime 16.07
Retirement Miscellaneous 3,211.50
Retirement - Pension Bonds 7,665.50
Health Insurance - Employees 4,684.16
Life Insurance 78.34
Dental Insurance 421.32
Vision - Employee 46.88
Workers' Compensation 1,386.21
Unemployment Insurance 250.43
Disability Insurance 149.45
F I C A & Medicare 3,423.71
Deferred Compensation - Employer 415.63
Vac Buy-Bk/Empl Termination 1,061.17
Pension 115 Trust 655.92
Retiree OPEB Costs 3,017.83
Office Supplies & Materials 135.78
Computer Software Expense 55,418.14
Postage 140.45
Misc Equip & Furniture < $5,000 1,081.11
Utilities - Electric 1,150.08
Utilities - Water 13.84
Utilities - Telephone Service 158.64
Utilities - WiFi/Cellphone Service 232.57
Insurance - Alloc Chgs 3,246.33
Other Contractual & Professional Service 147,439.44
Advertising & Promotion 308.70
Equipment Rental 155.90
Building Rental 2,375.00
Fleet Maintenance Alloc Chgs 576.58
Building Maintenance Alloc Chgs 1,769.42
Information Systems Alloc Chgs 1,755.67
Admin Overhead Paid to City 4,830.33
290,019.45$
Ck# Reason Amount
152985 Void check Pmt made in error to Alameda City Housing Authority 3,808.06$ 230121231 Void check Pmt recall LL property sold to new LL 3,074.00 50441 Void check Tenant Lost Check 101.00
TOTAL 6,983.06$
Prepared by: HB
Reviewed by: LM 1,937,126.61$

VOIDED CHECKS
& ADJUSTMENTS

NET OF ISSUED AND VOIDED PAYMENTS

HOUSING AUTHORITY OF THE CITY OF PITTSBURG

DISBURSEMENT SUMMARY
FOR THE MONTH ENDED JANUARY 31th, 2022

VOUCHERSADMINISTRATIVE EXPENSES
Description
70 Check
Number Amount
Check Summary
Check Date Payee Tax ID Payee
Housing Choice Voucher
January 21, 2022
1/21/2212022000 2,128.00Deborah Bailey
c/o Select 1 Realty
* DD - ES*****8504
1/21/2212022001 215.00Jienlin Chen DD - ES*****8946
1/21/2212022002 67.00Gold A and S LLC DD - ES*****6084
1/21/2212022003 2,803.00Hanh Huu Hoang DD - ES*****7386 $5,213.00
5,093.00

0.00 HAP

0.00 UR

0.00 Damage Claim
Vacancy Claim
120.00Administrative Fee

0.00 0.00
FSS Escrow Account
Shelter Plus Security Deposit

0.00Other
All Payments
Housing Choice Voucher
$5,213.00
5,093.00

0.00 HAP

0.00 UR

0.00 Damage Claim
Vacancy Claim
120.00Administrative Fee

0.00 0.00
FSS Escrow Account
Shelter Plus Security Deposit

0.00Other
All Payments
Grand Total
Check Summary PWO 01/20/2022 Page 1©2022, MRI Software LLC - All Rights Reserved.

DD Check run on 1-19-2022
71 Check
Number Amount
Check Summary
Check Date Payee Tax ID Payee
Housing Choice Voucher
January 15, 2022
1/15/2250633 165.00Carolyn A Hampton* *****3100
1/15/2250634 341.00Wilnesha S Featherstone*****6397
1/15/2250635 149.00Tiffany N Butler*****5301
1/15/2250636 31.00Lynda E Manning*****7136
1/15/2250637 65.00Nicquala E James*****7516
1/15/2250638 2,230.00Diamond Hillside Apartments*****1057 1/15/2250639 595.00Marina Heights Apartments, LP*****7378 1/15/2211522001 116.00Ken Bartlett* DD - ES*****3909
1/15/2211522002 1,766.00Belmont Apartments DD - ES*****2521 1/15/2211522003 484.00Juan F. Clara DD - ES*****3591
1/15/2211522004 61.00Creekside Apartment Investors LLC
DBA Creekside Village
DD - ES*****3772
1/15/2211522005 474.00Jeannette D. Crespo DD - ES*****6569 1/15/2211522006 1,124.00Melissamaria Guadalupe Cuara DD - ES*****1554 1/15/2211522007 19.00Jagdeep or Shashi Dayal DD - ES*****9068 1/15/2211522008 15.00Mercy Housing California XXXVIII
East Leland Court Apartments
DD - ES*****3406
1/15/2211522009 382.00Kelly Yu Min Gao DD - ES*****2189 1/15/2211522010 438.00Silvester C. Henderson DD - ES*****3097 1/15/2211522011 12.00Brandi Jackson
c/o Perry Realty Team
DD - ES*****2036
1/15/2211522012 1,661.00James J. Busby and Irvin Deutcher a Partnership DBA Crestview Apartments
DD - ES*****3386
1/15/2211522013 1,063.00Mynd Management Inc, DD - ES*****1388 1/15/2211522014 2,517.00Olubukola Amoke Oyebade DD - ES*****9139 1/15/2211522015 912.00Gregory Paul Schulz DD - ES*****7615 1/15/2211522016 2,724.00Sierra Pacific Properties
Peppertree Apartments
DD - ES*****7396
1/15/2211522017 2,260.00Deborah Steppe DD - ES*****5343 1/15/2211522018 246.00Raphael Minhtuyen Tran DD - ES*****2094 1/15/2211522019 2,147.00Xavier Van Truong DD - ES*****8392 1/15/2211522020 293.00Wei Wang DD - ES*****6945
Check Summary PWO 01/12/2022 Page 1©2022, MRI Software LLC - All Rights Reserved. 72 $22,290.00
21,539.00
751.00
HAP

0.00 UR

0.00 Damage Claim
Vacancy Claim

0.00Administrative Fee

0.00 0.00
FSS Escrow Account
Shelter Plus Security Deposit

0.00Other
All Payments
Housing Choice Voucher
Check
Number Amount
Check Summary
Check Date Payee Tax ID Payee
VASH
January 15, 2022
1/15/2211522004 478.00Creekside Apartment Investors LLC DBA Creekside Village
DD - ES*****3772
$478.00
478.00

0.00 HAP

0.00 UR

0.00 Damage Claim
Vacancy Claim

0.00Administrative Fee

0.00 0.00
FSS Escrow Account
Shelter Plus Security Deposit

0.00Other
All Payments
VASH
$22,768.00
22,017.00
751.00
HAP

0.00 UR

0.00 Damage Claim
Vacancy Claim

0.00Administrative Fee

0.00 0.00
FSS Escrow Account
Shelter Plus Security Deposit

0.00Other
All Payments
Grand Total
Check Summary PWO 01/12/2022 Page 2©2022, MRI Software LLC - All Rights Reserved. 73 Check
Number Amount
Check Summary
Check Date Payee Tax ID Payee
HAP
January 1, 2022
1/1/2250632 2,008.00Deborah Bailey
c/o Select 1 Realty
* *****8504
$2,008.00
2,008.00

0.00 HAP

0.00 UR

0.00 Damage Claim
Vacancy Claim

0.00Administrative Fee

0.00 0.00
FSS Escrow Account
Shelter Plus Security Deposit

0.00Other
All Payments
HAP
$2,008.00
2,008.00

0.00 HAP

0.00 UR

0.00 Damage Claim
Vacancy Claim

0.00Administrative Fee

0.00 0.00
FSS Escrow Account
Shelter Plus Security Deposit

0.00Other
All Payments
Grand Total
Check Summary PWO 12/21/2021 Page 1©2021, MRI Software LLC - All Rights Reserved. 74 Check
Number Amount
Check Summary
Check Date Payee Tax ID Payee
Housing Choice Voucher
January 1, 2022
1/1/2250505 29.00Alina D Arana* *****6316
1/1/2250506 30.00Amana K Cornish*****2494
1/1/2250507 103.00Angelique F Davis*****7533
1/1/2250508 147.00Ashley M Brown*****7730
1/1/2250509 63.00Christina M Fitzgerald*****1702
1/1/2250510 33.00Cynthia g Cones*****4282
1/1/2250511 47.00Dajon W Smith*****0269
1/1/2250512 175.00Elisa Johnson*****3528
1/1/2250513 253.50Franchise Tax Board
1/1/2250514 208.00Iman N Hanif*****8874
1/1/2250516 220.00Joshua C Perez*****4091
1/1/2250517 34.00Kawanda M Dotson*****2309
1/1/2250518 67.00Krystal M W illiams*****6519
1/1/2250519 1.00Lyniece N Eddins*****3960
1/1/2250520 234.00Melissa J Perkins*****8042
1/1/2250521 79.00Samaiyah A Warren*****6935
1/1/2250522 304.00Shamia L Patterson*****5994
1/1/2250523 21.00Thelma R Hearne*****6806
1/1/2250524 27.00Patricia A Blocker*****1418
1/1/2250525 215.00Vanna L Warga*****8240
1/1/2250526 175.00Jaime M Lopez*****1654
1/1/2250527 57.00Raquel E Miller*****2890
1/1/2250528 233.00Albert K Lea III*****1679
1/1/2250529 124.00Danielle M Thomas*****5232
1/1/2250530 144.00Bobbie J Royston*****0164
1/1/2250531 317.00Ono c Rothschild*****4208
1/1/2250532 109.00Evelyn Smith*****2184
1/1/2250533 15.00Livis J Sanders*****9858
1/1/2250534 53.00Irma M Castillo*****3035
1/1/2250535 115.00Pashenia D Sanders*****4119
1/1/2250536 38.00Mary P Grigsby*****5133
1/1/2250537 277.00Yolanda M Smith*****7432
1/1/2250538 103.00Vonia Jackson*****8373
1/1/2250539 34.00Ronnie L Williams*****5661
Check Summary PWO 12/21/2021 Page 1©2021, MRI Software LLC - All Rights Reserved. 75 1/1/2250540 36.00Nicolas A Wagnon*****0912
1/1/2250541 38.00Laneava S Blanks*****7253
1/1/2250542 265.00Destiny S Albert*****0478
1/1/2250543 153.00Nieza M Burrus*****8665
1/1/2250544 196.00Delfonse A Lewis*****2319
1/1/2250545 68.00Regina D Tucker*****8612
1/1/2250546 177.00Melvina D Brunt*****7988
1/1/2250547 292.00Sherron A Camp*****6015
1/1/2250548 98.00Shanae V Washington*****3403
1/1/2250549 48.00Portia C Lewis*****8907
1/1/2250550 70.00Eva L Mangum*****3840
1/1/2250551 145.00Akilah Z Parker*****0531
1/1/2250552 36.00Michelle m Berry*****5492
1/1/2250553 80.00Michele N Nichols*****7135
1/1/2250554 7.00Theresa p Jones*****8831
1/1/2250555 3.00Lashawn P Fields*****5626
1/1/2250556 81.00Kristina M Greer*****5232
1/1/2250557 79.00Mannah S Parrott*****3113
1/1/2250558 113.94Janet Brown*****6215
1/1/2250559 121.00Michelle L Mccoy*****3357
1/1/2250560 11.00Shirley J Strausbaugh*****3181
1/1/2250561 60.00Monique Thompson*****2695
1/1/2250562 39.00Be Thi Nguyen*****4973
1/1/2250563 123.00Jade Nelson*****6015
1/1/2250564 61.00Virgie r Gray*****0903
1/1/2250565 18.00Melissa R Griffin*****6507
1/1/2250566 22.00Tiffany L Pellom*****1129
1/1/2250567 265.00Michelle T Cocker*****4736
1/1/2250568 11.00Delois Sanford*****4987
1/1/2250569 90.00Charlene M Best*****3869
1/1/2250570 66.00Renee d Ford*****8818
1/1/2250571 42.00Ebony N Manning*****4721
1/1/2250572 29.00Theresa M Evans*****1595
1/1/2250573 9.00Camille A Lascano*****2217
1/1/2250574 202.00Kimdreal G Venson*****8494
1/1/2250575 39.00Tatyana A Jackson*****3772
1/1/2250576 21.00Latasha P Martin*****4672
1/1/2250577 292.00Jakeesha S Acree*****5692
1/1/2250578 62.00Tamika Brown*****1606
1/1/2250579 223.00DeAndre A Ellingberg*****8308
1/1/2250580 22.00Crystal j Houston*****5083
Check Summary PWO 12/21/2021 Page 2©2021, MRI Software LLC - All Rights Reserved. 76 1/1/2250581 275.00Carrie L Saravia*****8992
1/1/2250582 140.00Genevieve L Allen*****1698
1/1/2250583 11.00Kwaume J Frederick*****6438
1/1/2250584 111.00Hermajo L Hoskins*****6573
1/1/2250585 92.00Linda P Smith*****6355
1/1/2250586 265.00Ebony N Washington*****8533
1/1/2250587 45.00Debra Gregory*****0256
1/1/2250588 167.00Stacie J Hogan*****3277
1/1/2250589 292.00Nova L Alfred*****9016
1/1/2250590 265.00Lisa F Jackson*****9937
1/1/2250591 26.00Sau C Ly*****2542
1/1/2250592 47.00Nathan Banks JR*****6953
1/1/2250593 7.00Beverly A Lockwood*****0342
1/1/2250594 265.00Christina L Combs*****0344
1/1/2250595 132.00Briana l Edwards*****0849
1/1/2250596 55.00Daudi K Edmond*****7822
1/1/2250597 30.00Monique c Chaves*****5758
1/1/2250598 233.00Patricia Rubio*****0779
1/1/2250599 280.00Leilani S Gomez*****6095
1/1/2250600 1,706.00JOW & AAW, LLC*****9325
1/1/2250601 2,117.00A Classey Corp.

DBA: ACL Property Management
*****6825
1/1/2250602 4,195.00Western Addition Apartments, LLC*****9326 1/1/2250603 2,601.00Alamo Square Apartments LLC*****8574 1/1/2250604 1,554.00Jimmy Bhatia*****1636
1/1/2250605 1,635.00George Edward Cole*****2361
1/1/2250606 1,541.00Mr. Donald Rhodes
C/O Paul Shatswell Estate
*****2979
1/1/2250607 1,834.00Federal D Glover*****7079
1/1/2250608 2,299.00Guild Mortgage
Loan # 503-2003900
*****6137
1/1/2250609 1,720.00Hartz Property Management*****0348
1/1/2250610 1,712.00Diamond Hillside Apartments*****1057 1/1/2250611 2,364.00Steven Lau*****3941
1/1/2250612 2,725.00Miaogen Lu*****4593
1/1/2250613 1,127.00Dante McDonald*****3124
1/1/2250614 1,789.00Darryl H. Milburn*****4305
1/1/2250615 1,963.00Ba Nguyen
Thu Thi Ngo
*****2593
1/1/2250616 1,816.00Lorene Paysinger*****9182
1/1/2250617 1,480.00Linda Phon*****7243
1/1/2250619 1,781.00Salmana S. Shah*****2839
Check Summary PWO 12/21/2021 Page 3©2021, MRI Software LLC - All Rights Reserved. 77 1/1/2250620 6,001.00Sierra Pacific Properties*****7396 1/1/2250621 1,695.00Khalid Sultan*****8705
1/1/2250622 1,256.00Albert S Tam*****8191
1/1/2250623 1,855.00Ventana Rental Homes*****5770
1/1/2250624 1,419.00San Marcos Villas*****1355
1/1/2250625 1,801.00Western Upper Haight Street Apartments, LLC*****9322 1/1/2250626 1,467.00Ying Na Yeung*****1102
1/1/2250628 1,800.00Fanny Kao Huang*****1535
1/1/2250629 23,526.00Marina Heights Apartments, LP*****7378 1/1/2250630 24,691.00Marina Heights Apartments, LP*****7378 1/1/2250631 18,329.00Marina Heights Apartments, LP*****7378 1/1/2210122001 6,337.009th Street Associates, LP* DD - ES*****2626 1/1/2210122002 926.00Meerwais Abdiani DD - ES*****0229
1/1/2210122003 19,869.00ABJ Enterprises, Inc. dba Blue Line Property Management
DD - ES*****8167
1/1/2210122004 1,430.00Leonda R Addison DD - ES*****9050 1/1/2210122005 1,557.00Amitabh Agrawal DD - ES*****7139 1/1/2210122006 1,250.00Rosario Aguilar DD - ES*****6232 1/1/2210122007 2,071.00Rosa Aguirre DD - ES*****5759
1/1/2210122008 1,780.00Demetrius Alexander DD - ES*****9530 1/1/2210122009 710.00Jane Alexander DD - ES*****5726
1/1/2210122010 1,551.00Dale Alvarez DD - ES*****9681
1/1/2210122012 2,407.00Cecilia Anderson DD - ES*****0104 1/1/2210122013 2,010.00Shawn Anderson DD - ES*****9111
1/1/2210122014 2,510.00Anisa Ebadi DD - ES*****5423
1/1/2210122015 30,330.00Stoneman Apartments DD - ES*****5951 1/1/2210122016 8,870.00Stoneman Apartments DD - ES*****5951 1/1/2210122017 2,008.00Mariteresa Arenson
c/o Select 1 Realty
DD - ES*****8701
1/1/2210122018 1,148.00Sergeant or Sima Austin DD - ES*****0707 1/1/2210122019 2,199.00Shruti Motilal Ba-Harani DD - ES*****4941 1/1/2210122020 1,951.00Mel L. Banagan DD - ES*****2764
1/1/2210122021 820.00Carlos G. Barraza DD - ES*****4138 1/1/2210122022 1,446.00Ken Bartlett DD - ES*****3909
1/1/2210122023 2,627.00Donald Scott Barbour DD - ES*****1494 1/1/2210122024 1,939.00John Charles Bautista DD - ES*****7563 1/1/2210122025 1,175.00Christine Becerra DD - ES*****3637 1/1/2210122026 6,442.00Holly A Hawkins DD - ES*****9093 1/1/2210122028 1,815.00Charles Bell and Camino Johnson-Bell DD - ES*****8614 1/1/2210122029 29,891.00Belmont Apartments DD - ES*****2521 Check Summary PWO 12/21/2021 Page 4©2021, MRI Software LLC - All Rights Reserved. 78 1/1/2210122030 30,128.00Belmont Apartments DD - ES*****2521 1/1/2210122031 24,510.00Belmont Apartments DD - ES*****2521 1/1/2210122032 934.00Alex Benjamen DD - ES*****5996
1/1/2210122033 1,643.00Tennyson Berry DD - ES*****6465
1/1/2210122034 2,403.00Bethel Global Development LLC DD - ES*****8634 1/1/2210122035 2,805.00Gina Bhatia DD - ES*****2209
1/1/2210122036 4,723.00Som N Bhatia DD - ES*****7075
1/1/2210122037 2,548.00Pinakin Bhatt DD - ES*****0602
1/1/2210122038 1,628.00Joseph B. Bachir DD - ES*****8470 1/1/2210122039 2,085.00Steven Booras DD - ES*****5924
1/1/2210122040 2,122.002018-2 IH Borrower LP DD - ES*****1438 1/1/2210122041 2,698.00Rosie M Boyd DD - ES*****2439
1/1/2210122042 2,051.00Victoria Boyko DD - ES*****8847
1/1/2210122043 1,441.00Kelly Ann Bradford DD - ES*****3037 1/1/2210122044 3,081.00Mariya Briggs DD - ES*****7855
1/1/2210122045 2,011.06Janet Brown DD - ES*****6215
1/1/2210122046 1,477.00Jessica G. Platt DD - ES*****7469 1/1/2210122047 2,589.00Blue Sapphire Homes, Inc. DD - ES*****9954 1/1/2210122048 4,335.00Huong T. Bui DD - ES*****2142
1/1/2210122050 3,283.00Mommi Cannon DD - ES*****3581
1/1/2210122052 2,025.00Donnell I. Carson DD - ES*****4042 1/1/2210122053 1,985.00Carpino, LLC DD - ES*****2700
1/1/2210122054 1,528.00Castle Creek Company, Inc.

Trust Account
DD - ES*****5079
1/1/2210122055 1,679.00Christopher Todd Chambers DD - ES*****6006 1/1/2210122056 745.00Cora Ann Chambers DD - ES*****6869 1/1/2210122057 2,165.00P. M. Chaobal DD - ES*****5571
1/1/2210122058 474.00Chao Chen DD - ES*****9661
1/1/2210122059 4,994.00Hong Chen DD - ES*****1853
1/1/2210122060 3,481.00Jienlin Chen DD - ES*****8946
1/1/2210122061 2,222.00Wenhua Chen DD - ES*****4714
1/1/2210122062 2,467.00Hwa-Yoong Chiu DD - ES*****5473
1/1/2210122063 2,642.00Ada Choi DD - ES*****3211
1/1/2210122064 3,973.00Chun Ok Choi DD - ES*****2454
1/1/2210122065 2,500.00Michele Choi DD - ES*****7759
1/1/2210122066 2,632.00Chau Chung DD - ES*****2433
1/1/2210122067 4,000.00City of Pittsburg Housing Authority DD - ES*****0310 1/1/2210122068 1,233.00Juan F. Clara DD - ES*****3591
1/1/2210122069 3,927.00Ping Cao DD - ES*****7054
1/1/2210122070 1,024.86College Park Housing Authority DD - ES*****1362 Check Summary PWO 12/21/2021 Page 5©2021, MRI Software LLC - All Rights Reserved. 79 1/1/2210122071 1,934.00Adolph Rudolph Cortesi III DD - ES*****0855 1/1/2210122072 1,529.00David Elmer Cortesi DD - ES*****5708 1/1/2210122073 1,127.12Contra Costa County Housing Authority DD - ES*****0746 1/1/2210122074 25,479.00Creekside Apartment Investors LLC DBA Creekside Village
DD - ES*****3772
1/1/2210122075 25,763.00Creekside Apartment Investors LLC DBA Creekside Village
DD - ES*****3772
1/1/2210122076 18,602.00Creekside Apartment Investors LLC DBA Creekside Village
DD - ES*****3772
1/1/2210122077 1,966.00Jeannette D. Crespo DD - ES*****6569 1/1/2210122078 1,664.00Patricia Crosby DD - ES*****7900 1/1/2210122079 2,190.00Jorge Robert Dagys Delevan
Catty Leticia Pajoluk
DD - ES*****3327
1/1/2210122080 1,464.00Justin Dailey DD - ES*****6248
1/1/2210122081 2,721.00Dam Quang To DD - ES*****1622
1/1/2210122082 1,714.00Danica J. French Evans DD - ES*****0793 1/1/2210122083 1,348.00Audrey Davis DD - ES*****2963
1/1/2210122084 1,091.00Kesha E. Davis DD - ES*****0396
1/1/2210122085 1,252.00Kevin Davidson DD - ES*****8929
1/1/2210122086 1,621.00Paulette Davis DD - ES*****4961
1/1/2210122087 1,429.00Roshan M. Davis DD - ES*****6115 1/1/2210122088 3,666.00Jagdeep or Shashi Dayal DD - ES*****9068 1/1/2210122089 2,714.00Wayman Dea DD - ES*****2031
1/1/2210122090 1,850.00Charles Dellamore DD - ES*****8370 1/1/2210122091 1,757.00David De La Torre DD - ES*****5882 1/1/2210122092 10,889.00Brigitte P. Doan DD - ES*****1004 1/1/2210122093 1,617.00Anna Phuongnam Thi Do DD - ES*****3531 1/1/2210122094 1,481.00Ester Coleman Dunlap DD - ES*****5568 1/1/2210122095 1,417.00Tyrone W. Duncan DD - ES*****5326 1/1/2210122096 1,345.00Linda Duong DD - ES*****6538
1/1/2210122097 2,555.00Mercy Housing California XXXVIII East Leland Court Apartments
DD - ES*****3406
1/1/2210122098 1,337.00Doris Engle Family Ltd Partnership c/o Select 1 Realty
DD - ES*****0372
1/1/2210122099 2,200.00Alma B Espiritu DD - ES*****3757 1/1/2210122100 1,540.00Johnathan Espinoza DD - ES*****4023 1/1/2210122101 1,154.00Gerardo M. Esquivel DD - ES*****8122 1/1/2210122102 5,315.00Jianxin Fang DD - ES*****6027
1/1/2210122103 2,794.00Xiangfang Li DD - ES*****1830
1/1/2210122104 2,400.00Favian M. Wong DD - ES*****3602
1/1/2210122105 2,851.00Michael Mao
C/O Jing Feng
DD - ES*****3835
1/1/2210122106 1,775.00Barbara J. Fierner DD - ES*****2790 Check Summary PWO 12/21/2021 Page 6©2021, MRI Software LLC - All Rights Reserved. 80 1/1/2210122107 1,137.00Joseph Field DD - ES*****9447 1/1/2210122108 1,570.00Hernan Roberto Figueroa DD - ES*****7691 1/1/2210122109 1,460.00Tochia D. Brewster Fleeton DD - ES*****0962 1/1/2210122110 1,395.00Alexander Flowers DD - ES*****5773 1/1/2210122111 24,720.00Fox Creek Apartments DD - ES*****4032 1/1/2210122112 4,242.00Fox Creek Apartments DD - ES*****4032 1/1/2210122113 1,775.00Monica Fraga DD - ES*****0284
1/1/2210122114 3,858.00Rejois O Frazier DD - ES*****6894 1/1/2210122116 2,164.00Mr. Darren Fuller DD - ES*****6265 1/1/2210122117 2,050.00Gialene Gaines DD - ES*****9634
1/1/2210122118 2,522.00Aminifu Gamba DD - ES*****9590
1/1/2210122119 2,331.00Kelly Yu Min Gao DD - ES*****2189 1/1/2210122120 1,466.00Adraine Gardner DD - ES*****6981 1/1/2210122121 1,212.00Antoinette L Garcia DD - ES*****4278 1/1/2210122122 219.00David Gardner DD - ES*****7036
1/1/2210122123 2,558.00Rupesh Garg DD - ES*****0785
1/1/2210122124 1,258.00W illiam H. Gardiner DD - ES*****2931 1/1/2210122125 6,285.00Gateway Apartments DD - ES*****5111 1/1/2210122126 1,110.00Parvindokht Ghaboulidashti DD - ES*****5298 1/1/2210122127 1,738.00Eva Gholson DD - ES*****2770
1/1/2210122128 2,660.00Vernon or Eva Gholson DD - ES*****1145 1/1/2210122129 1,486.00Jacqueline Gill DD - ES*****5958 1/1/2210122130 5,260.00Mahavir Gill
Mahavir S Gill Sr
DD - ES*****3566
1/1/2210122131 1,548.00Sukpran Gill DD - ES*****8187
1/1/2210122132 2,251.00Gold A and S LLC DD - ES*****6084 1/1/2210122133 846.00Hadiya A Gomez DD - ES*****6208
1/1/2210122134 2,807.00Jesse Gonzaga DD - ES*****3032
1/1/2210122135 2,163.00Ting Gong DD - ES*****2367
1/1/2210122136 2,676.00Frances Greene DD - ES*****6940
1/1/2210122137 962.00Rodney Green DD - ES*****4872
1/1/2210122138 760.50Patricia Gridley DD - ES*****7325
1/1/2210122139 1,595.00Italo Grossi DD - ES*****6305
1/1/2210122140 1,413.00Amparo Guardado
Cesar Q. Guardado
DD - ES*****6721
1/1/2210122141 4,076.00Krystle Guan DD - ES*****0940
1/1/2210122142 1,359.00Bob Gunson Real Estate
C/O Julie Hang
DD - ES*****5987
1/1/2210122143 2,956.00Abhilash Gupta DD - ES*****5267
1/1/2210122144 878.00Donald R. Watson, Sr. DD - ES*****7930 1/1/2210122145 1,597.00Asharfun Nisha Hafiz DD - ES*****6176 1/1/2210122146 5,558.00Jeffrey Paul Hagler DD - ES*****0457 Check Summary PWO 12/21/2021 Page 7©2021, MRI Software LLC - All Rights Reserved. 81 1/1/2210122147 1,712.00Delores Jane Hall DD - ES*****9827 1/1/2210122148 2,165.00Clarence Jerome Hardison DD - ES*****4299 1/1/2210122149 1,939.00David L Hart DD - ES*****6228
1/1/2210122150 7,085.00Lawrence Harrold DD - ES*****1769 1/1/2210122151 9,558.00Delta Hawaii Garden Apartments LLC DD - ES*****7423 1/1/2210122152 1,911.00Chuanhu He DD - ES*****5859
1/1/2210122153 2,026.00Ji Yuan He DD - ES*****0855
1/1/2210122154 16,596.00David T. Hennigan DD - ES*****6728 1/1/2210122155 3,228.00Silvester C. Henderson DD - ES*****3097 1/1/2210122156 363.00Elias Herrera DD - ES*****2157
1/1/2210122157 357.00Marva Hill DD - ES*****1603
1/1/2210122158 2,133.00Chainchal Hira DD - ES*****3207
1/1/2210122159 1,319.00Carl E. Hoard II DD - ES*****6255 1/1/2210122160 2,560.00Havy S Hoag DD - ES*****5654
1/1/2210122161 1,746.00Albert Ho DD - ES*****4106
1/1/2210122162 1,316.00Joyce Ann Hoffman DD - ES*****8576 1/1/2210122163 1,360.00Ronald G. Holmes DD - ES*****4543 1/1/2210122164 3,342.00SRH Holdings LLC DD - ES*****7987 1/1/2210122165 2,585.00Invitation Homes DD - ES*****2768 1/1/2210122166 1,367.00Tony Ho DD - ES*****5700
1/1/2210122167 2,794.00Cheng Huang DD - ES*****9956
1/1/2210122168 2,860.00Ming Zin Huang DD - ES*****8816
1/1/2210122169 7,136.00Tao Huang DD - ES*****7984
1/1/2210122170 2,586.00Xia Jing Huang DD - ES*****7838
1/1/2210122171 1,985.00Nancy Xiu Zhen Hu DD - ES*****9084 1/1/2210122172 2,400.00Thinh Trieu Huynh DD - ES*****6229 1/1/2210122173 167.00IGreen House Inc. DD - ES*****0778 1/1/2210122174 3,228.00IH5 Property West LP DD - ES*****7951 1/1/2210122175 1,780.00Keyee Investment LLC DD - ES*****8323 1/1/2210122176 1,991.00LaShon D Irving DD - ES*****1017 1/1/2210122177 2,319.00Michael or Kay Isola DD - ES*****6821 1/1/2210122178 1,891.00Jabbarr Love DD - ES*****4913
1/1/2210122179 2,071.00Brandi Jackson
c/o Perry Realty Team
DD - ES*****2036
1/1/2210122180 2,920.00Consuelo Marie Jackson DD - ES*****1075 1/1/2210122181 5,171.00Deepika Sameer Jain DD - ES*****5120 1/1/2210122182 7,887.00Sameer Jain DD - ES*****4910
1/1/2210122183 1,157.00Vishal S. Jain DD - ES*****3307
1/1/2210122184 2,611.00Jason Le DD - ES*****1349
1/1/2210122185 1,486.00Jian Xing Zhang DD - ES*****6917 1/1/2210122186 1,964.00Krystal Johnson DD - ES*****3090 Check Summary PWO 12/21/2021 Page 8©2021, MRI Software LLC - All Rights Reserved. 82 1/1/2210122187 1,480.00Ronita Johnson DD - ES*****8569 1/1/2210122188 1,486.00James Jones DD - ES*****8867
1/1/2210122189 1,923.00Sharon Jones DD - ES*****2434
1/1/2210122190 1,700.00Mostaeen B Jouya DD - ES*****4905 1/1/2210122191 2,554.00Junchi Hou DD - ES*****4310
1/1/2210122192 3,698.00Om Parkash Kalra DD - ES*****5647 1/1/2210122193 4,841.00Wei Kang DD - ES*****8425
1/1/2210122194 2,380.00Navkirandeep Kaur DD - ES*****7429 1/1/2210122195 1,735.00KC Prime LLC DD - ES*****5248
1/1/2210122196 1,830.00K. E. M. Group LLC DD - ES*****6180 1/1/2210122197 3,512.00Anthony Keslinke DD - ES*****9411 1/1/2210122198 2,318.00Kevin Moffett DD - ES*****6230
1/1/2210122199 1,436.00Faraz Ali Khan DD - ES*****2578
1/1/2210122200 3,021.00KW Kirker Creek, LLC DD - ES*****0888 1/1/2210122201 2,784.00John N Kitta DD - ES*****9221
1/1/2210122202 6,408.00Qi Yun Kuang DD - ES*****7475
1/1/2210122203 1,659.00Simon Kailiang Kuang DD - ES*****8506 1/1/2210122204 1,311.00Zdzislaw Kujawa DD - ES*****9316 1/1/2210122205 3,371.00Daniel Kwan DD - ES*****2585
1/1/2210122206 1,480.00Thomas LaFleur DD - ES*****8326
1/1/2210122207 1,415.00Chow Kang Lam DD - ES*****7845
1/1/2210122208 1,043.00Shirley Manly-Lampkin DD - ES*****6520 1/1/2210122209 1,454.00Peter C. Larsen DD - ES*****7975 1/1/2210122210 1,175.00Kevin Lassair
Terrilyn Lassair
DD - ES*****2401
1/1/2210122211 4,537.00Latif, LLC DD - ES*****4732
1/1/2210122212 4,140.00LCSTAR, LLC DD - ES*****2293
1/1/2210122213 2,018.00Dao Tran Le DD - ES*****0984
1/1/2210122214 2,370.00Jack Wai Lee DD - ES*****8548
1/1/2210122215 2,235.00Siu Wan Windytiti Lee DD - ES*****1755 1/1/2210122216 1,664.00Steven Lee DD - ES*****2527
1/1/2210122217 1,899.00Yuhjen Juang Lee DD - ES*****5289 1/1/2210122218 2,461.00Huy Nguyen Le DD - ES*****7087
1/1/2210122219 714.00Lena Le DD - ES*****1860
1/1/2210122220 1,420.00Joseph C. Lerma DD - ES*****3782 1/1/2210122221 1,298.00Yiping I. and Frederic Leroudier DD - ES*****3555 1/1/2210122222 8,014.00John M. Leung DD - ES*****3410
1/1/2210122223 3,770.00May Leung or Rodney Chen DD - ES*****3743 1/1/2210122224 2,499.00Peter Leung DD - ES*****2110
1/1/2210122225 8,478.00James J. Busby and Irvin Deutcher a Partnership DBA Crestview Apartments
DD - ES*****3386
Check Summary PWO 12/21/2021 Page 9©2021, MRI Software LLC - All Rights Reserved. 83 1/1/2210122226 2,449.00Faqiang Li DD - ES*****0416
1/1/2210122227 1,762.00Jie Li DD - ES*****8871
1/1/2210122228 1,505.00Jinhuan Li DD - ES*****7827
1/1/2210122229 1,123.00Joshua Li DD - ES*****9346
1/1/2210122230 1,166.00Tim Lindstrom
c/o AAA Property Management
DD - ES*****2649
1/1/2210122231 1,226.00Vivian Y Li DD - ES*****3881
1/1/2210122233 1,632.00Wei Min Li DD - ES*****0050
1/1/2210122234 4,573.00Ying Hong Li DD - ES*****9003
1/1/2210122235 2,596.00Belkis Zhong Li DD - ES*****0198 1/1/2210122236 2,001.00Paul Long DD - ES*****1646
1/1/2210122237 14,479.00Los Medanos Village Apartments DD - ES*****1474 1/1/2210122238 1,106.00Tony or Yvonne Louie DD - ES*****7531 1/1/2210122239 547.00Anthony Charles Loyola DD - ES*****3708 1/1/2210122240 1,083.00Jose Loza DD - ES*****7720
1/1/2210122241 2,383.00Andrew Kin Lui DD - ES*****2354
1/1/2210122242 1,482.00Wei Li u
Guangxin Frank Liu
DD - ES*****4658
1/1/2210122243 1,374.00The Entrust Group, Inc. FBO Theodore Lum IRA (acct #34892)
DD - ES*****7843
1/1/2210122244 560.00Curtis H. Lundberg DD - ES*****1821 1/1/2210122245 4,960.00Xiangwen Lu DD - ES*****1494
1/1/2210122246 1,301.00Chi Vien Ly DD - ES*****2147
1/1/2210122247 2,102.00Yolanda McDonald DD - ES*****4009 1/1/2210122248 1,605.00Madelyn Ann Massey
Trustee of the 2017 Massey Family Trust
DD - ES*****6525
1/1/2210122249 2,999.00Rakesh Madra DD - ES*****5865
1/1/2210122250 2,714.00Radha Mahesram DD - ES*****2191
1/1/2210122251 2,452.00Mahnoor Tariq DD - ES*****7358
1/1/2210122252 3,662.00Jennifer Leung Ma DD - ES*****4372 1/1/2210122253 7,114.00Jeff Mann DD - ES*****1989
1/1/2210122254 2,403.00Glenn Marshall DD - ES*****5378
1/1/2210122255 527.00Marla Y Harrison DD - ES*****2875
1/1/2210122256 2,746.00Elisa Aurora Martinez DD - ES*****4697 1/1/2210122257 2,624.00Demetria d Mason DD - ES*****9206 1/1/2210122258 1,647.00Matthew Lui DD - ES*****9994
1/1/2210122259 1,091.00Matrixone Realty DD - ES*****6768 1/1/2210122260 1,943.00Helen McCarthy DD - ES*****5255
1/1/2210122261 1,230.00Janice K McLean DD - ES*****1152 1/1/2210122262 1,925.00Meadow Glen Apartments DD - ES*****4675 1/1/2210122263 3,564.00Tatung Mei DD - ES*****9866
1/1/2210122264 1,653.00Jinyu Meng DD - ES*****5245
Check Summary PWO 12/21/2021 Page 10©2021, MRI Software LLC - All Rights Reserved. 84 1/1/2210122265 5,948.00Sabine Menzel DD - ES*****4885 1/1/2210122266 748.00Mercedes P. Johnson DD - ES*****0133 1/1/2210122267 932.00Hector Meza DD - ES*****8272
1/1/2210122268 1,904.00Andrew S Miloslavich DD - ES*****9885 1/1/2210122269 2,244.00Perchak Properties for Carol Miller DD - ES*****7437 1/1/2210122270 2,187.00Millennium Homes DD - ES*****4000 1/1/2210122271 1,856.00Maryann Miller DD - ES*****9782
1/1/2210122272 579.00Carlos J Miranda DD - ES*****2618
1/1/2210122273 10,272.00Hassan Mirabedi DD - ES*****0772 1/1/2210122274 3,059.00Gwendolyn Mitchell DD - ES*****6741 1/1/2210122275 2,603.00Momin Raees DD - ES*****4885
1/1/2210122276 1,652.00Rodney Montgomery
or Sharon Montgomery
DD - ES*****0985
1/1/2210122277 1,874.00Erik L Morris DD - ES*****4676
1/1/2210122278 2,090.00Diane Morin DD - ES*****3624
1/1/2210122279 803.00Brien Brothers, LLC
C/O Mynd Management, IC.

DD - ES*****8820
1/1/2210122280 4,155.00Mynd Management Inc, DD - ES*****1388 1/1/2210122281 3,552.00Ehsan Nabkel DD - ES*****0105
1/1/2210122282 4,662.00Shinder Paul Narabut DD - ES*****6234 1/1/2210122283 17,475.00NC Associates, Inc. DD - ES*****0054 1/1/2210122284 2,938.00Michael Nelson DD - ES*****9180
1/1/2210122285 1,760.00Guy Nesbeth DD - ES*****5257
1/1/2210122286 3,157.00Dominic Y Ng DD - ES*****1072
1/1/2210122287 2,083.00Knowland Ging Ng DD - ES*****3604 1/1/2210122288 298.00Patrick Ng
Mike Perry, Property Manager
DD - ES*****8594
1/1/2210122289 1,643.00Hieu Nguyen DD - ES*****0738
1/1/2210122290 2,162.00Huy Quang Nguyen DD - ES*****7154 1/1/2210122291 1,925.00Mai Thi Thanh Nguyen DD - ES*****8307 1/1/2210122292 1,900.00Quyen Nguyen DD - ES*****4366
1/1/2210122293 688.00Tieu Nguyen DD - ES*****8241
1/1/2210122294 2,500.00Nichole Nicholson DD - ES*****2660 1/1/2210122295 3,301.00Ernest Nichols III DD - ES*****7265 1/1/2210122296 4,203.00Peter Niloufari DD - ES*****6497 1/1/2210122298 1,690.00Kevin Nord DD - ES*****8129
1/1/2210122299 1,915.00Richard A Norte DD - ES*****0056 1/1/2210122300 810.00North State Financial, Inc. DD - ES*****2286 1/1/2210122301 22,544.00New Way Management Services, Inc. DD - ES*****7171 1/1/2210122302 882.00Sheryl O'Brien DD - ES*****0056
1/1/2210122303 1,484.00Jennifer Odei DD - ES*****1194
1/1/2210122304 643.00Dwight J Owens DD - ES*****5572
Check Summary PWO 12/21/2021 Page 11©2021, MRI Software LLC - All Rights Reserved. 85 1/1/2210122305 1,694.00Diane Oles DD - ES*****1780
1/1/2210122306 2,660.00Esosa A. Omokaro DD - ES*****4543 1/1/2210122307 1,785.00Sandra L Ortiz DD - ES*****3741
1/1/2210122308 2,716.00Chinenye Osuagwu DD - ES*****1081 1/1/2210122309 2,180.00Mutlu Ozer DD - ES*****3324
1/1/2210122310 3,297.00Diablo Pacific, Inc. DD - ES*****6009 1/1/2210122311 2,769.00Pacific Living, LLC DD - ES*****4083 1/1/2210122312 1,131.00Patricia Boss DD - ES*****7654
1/1/2210122313 2,800.00Hemangini & Vijendra Patel DD - ES*****7811 1/1/2210122314 787.00Kokila Patel DD - ES*****0885
1/1/2210122315 1,282.00Patiala, LLC
Deepinder Kaur or Ajay Singh
DD - ES*****0346
1/1/2210122316 574.00Virendra M. Patel DD - ES*****8684 1/1/2210122317 1,760.00Jason Pauline DD - ES*****8047
1/1/2210122318 1,391.00Loycell Peacock DD - ES*****3189 1/1/2210122319 1,272.00Scott Pease DD - ES*****5165
1/1/2210122320 1,486.00Alonso R. Perez DD - ES*****8805 1/1/2210122321 268.00Maria Del Carmen Perez DD - ES*****3278 1/1/2210122322 922.00Lowde Y. Perkins DD - ES*****6784
1/1/2210122323 535.00Cong Thi Pham DD - ES*****4893
1/1/2210122324 2,831.00May K. Pho DD - ES*****5884
1/1/2210122325 2,952.00Pittsburg Park Apartments DD - ES*****0958 1/1/2210122326 1,458.00SK Pittsburg Bay Point
SK Pittsburg Bay Point
DD - ES*****2744
1/1/2210122327 1,780.00Bay Point Orphans Fund, LLC DD - ES*****1097 1/1/2210122328 1,450.00Prime Metropolis Properties, Inc. DD - ES*****8826 1/1/2210122329 1,769.00IH5 Property West LP DD - ES*****2849 1/1/2210122330 1,870.00Marples Property Management DD - ES*****3398 1/1/2210122331 3,352.00A. Meadows Property Management DD - ES*****4650 1/1/2210122332 1,711.00Parks Property Management DD - ES*****6551 1/1/2210122333 3,174.00Stokley Properties LLC Harbor DD - ES*****7789 1/1/2210122334 4,252.00Property Upsurge, Inc. DD - ES*****8055 1/1/2210122335 835.00Amjad Qaqish DD - ES*****0782
1/1/2210122336 1,800.00Sam or Sonia Quinones DD - ES*****9542 1/1/2210122337 1,387.00Amos Radford DD - ES*****4029
1/1/2210122338 1,819.00Kuljit P Raju DD - ES*****1034
1/1/2210122339 2,474.00Paramjit K. Raju DD - ES*****2261 1/1/2210122340 2,042.00Christopher Ramirez DD - ES*****3452 1/1/2210122341 531.00Enrique or Stacy Ramirez DD - ES*****8489 1/1/2210122342 1,345.00Erika Ramirez DD - ES*****2162
1/1/2210122343 1,996.00Javier Ramos Avila DD - ES*****7466 Check Summary PWO 12/21/2021 Page 12©2021, MRI Software LLC - All Rights Reserved. 86 1/1/2210122344 1,695.00Rohini Ram-Cline DD - ES*****2283 1/1/2210122345 1,933.00David Raughton DD - ES*****6068
1/1/2210122346 1,581.00RayCaro Inc. DD - ES*****8337
1/1/2210122347 1,479.00Croskey Real Estate, Inc. DD - ES*****8227 1/1/2210122348 2,504.00Amerasia Real Estate Fund LLC DD - ES*****6703 1/1/2210122349 19,947.00Reliant - Woods Grove, LP DD - ES*****7083 1/1/2210122350 538.00Eric Franklin Remson DD - ES*****7349 1/1/2210122351 13,939.00RH Portofino Owner CA LLC DD - ES*****3881 1/1/2210122352 1,964.00Kameryn Victoria Ray DD - ES*****9215 1/1/2210122353 1,901.00Roger Riley DD - ES*****9321
1/1/2210122354 6,880.00Rising Investments LLC DD - ES*****4562 1/1/2210122355 2,679.00Robert W. Daniels DD - ES*****4809 1/1/2210122356 2,504.00Jason Ruffin DD - ES*****0694
1/1/2210122357 1,746.00Elvira Ruiz DD - ES*****4579
1/1/2210122358 2,300.00Constance Russell DD - ES*****5248 1/1/2210122359 1,649.00Maridel P Santos DD - ES*****3871 1/1/2210122360 1,188.00Gregory Paul Schulz DD - ES*****7615 1/1/2210122361 2,284.00Richard M. Sciortino DD - ES*****9954 1/1/2210122362 1,658.00Jacqueline Selinger DD - ES*****7031 1/1/2210122363 1,566.00Young Sook Seroy DD - ES*****5346 1/1/2210122364 2,559.00SETRC, LLC DD - ES*****6765
1/1/2210122365 1,016.00Mohinder Sharma DD - ES*****1446 1/1/2210122366 1,212.00Shailesh & Bela Patel DD - ES*****7239 1/1/2210122367 1,939.00Mohammad Shekib DD - ES*****1357 1/1/2210122368 1,535.00Yihui Shi DD - ES*****5981
1/1/2210122369 5,358.00Shorten Investments LLC DD - ES*****5994 1/1/2210122370 13,374.00Sierra Pacific Properties Inc
Sierra Pacific Properties Inc
DD - ES*****7396
1/1/2210122371 15,510.00Siena Court Apartments DD - ES*****7789 1/1/2210122372 4,515.00Sierra Pacific Properties
Peppertree Apartments
DD - ES*****7396
1/1/2210122373 27,057.00Sierra Pacific Properties
Woodland Hills Apartments
DD - ES*****7396
1/1/2210122374 982.00Frank M. Siino DD - ES*****6650
1/1/2210122375 1,680.00Joseph Michael Siino DD - ES*****8035 1/1/2210122376 530.00Gloria Silva DD - ES*****5399
1/1/2210122377 1,688.00Marc J. Simpson DD - ES*****8407 1/1/2210122378 2,267.00Raman Singh DD - ES*****3639
1/1/2210122379 1,500.00Son Singh DD - ES*****6058
1/1/2210122380 1,270.00Crystal Situ DD - ES*****0700
1/1/2210122381 1,975.00Lakesha Michelle Smith
Lionel R Smith
DD - ES*****3853
Check Summary PWO 12/21/2021 Page 13©2021, MRI Software LLC - All Rights Reserved. 87 1/1/2210122382 1,898.00Molly Smith DD - ES*****4970
1/1/2210122383 945.00Sherritta M Smith DD - ES*****9092 1/1/2210122384 2,448.00Cinthia Sosa DD - ES*****2032
1/1/2210122385 2,131.00Angela E. Robinson-Spencer DD - ES*****6977 1/1/2210122387 1,900.00Darice Streeter
c/o R R Rentals
DD - ES*****5308
1/1/2210122389 3,581.00Abby Sukarto DD - ES*****8216
1/1/2210122390 1,351.00Ms. Li Su DD - ES*****7479
1/1/2210122391 2,913.00Summit Venture Group, LLC DD - ES*****1235 1/1/2210122392 1,655.00Kamaljeet Surila DD - ES*****6168 1/1/2210122393 2,568.00Susana Paduro-Silva DD - ES*****3302 1/1/2210122394 3,040.00Svetlana Kondratiouk DD - ES*****0804 1/1/2210122395 7,715.00Joyce Hui Sy DD - ES*****0399
1/1/2210122396 1,609.00Tasharie C. Ameral DD - ES*****3065 1/1/2210122397 1,892.00Yun Teng
W eijie Zhang
DD - ES*****6283
1/1/2210122398 2,675.00Ms. Natasha Terry DD - ES*****9166 1/1/2210122399 2,328.00Silvia Thein and Ada Choi DD - ES*****9314 1/1/2210122400 2,654.00Tequila Nashannon Thornton DD - ES*****7191 1/1/2210122401 1,486.00Yoway Wilson Tong DD - ES*****1714 1/1/2210122402 1,374.00Lourdes or Raymond Tovar DD - ES*****1405 1/1/2210122403 2,923.00Raphael Minhtuyen Tran DD - ES*****2094 1/1/2210122404 2,789.00Richard Tran DD - ES*****8623
1/1/2210122405 1,148.00Thuy Tran DD - ES*****1327
1/1/2210122406 1,486.00Thanh Van Trinh DD - ES*****6165 1/1/2210122407 1,094.00Sean Thuyet Truong DD - ES*****5313 1/1/2210122408 1,717.00Van Truong DD - ES*****9321
1/1/2210122409 2,950.00Erica Uschold DD - ES*****6917
1/1/2210122410 1,561.00Lidia Valladares DD - ES*****4582 1/1/2210122411 1,498.00Victor D Valenzuela DD - ES*****0250 1/1/2210122412 1,712.00Gary D. Vasconcellos DD - ES*****3371 1/1/2210122413 2,586.00Veritel Homes LLC DD - ES*****3239 1/1/2210122414 2,648.00Azell Vickers DD - ES*****5310
1/1/2210122415 4,350.00Nuno G Vieira DD - ES*****9682
1/1/2210122416 1,239.00Kim Uyen Minh Vu DD - ES*****7391 1/1/2210122417 1,213.00Stephen Cordell Wafer DD - ES*****2720 1/1/2210122418 1,906.00Lining Wan DD - ES*****6924
1/1/2210122419 2,107.00Wei Wang DD - ES*****6945
1/1/2210122420 2,016.00Yu Ruo Wang DD - ES*****1634
1/1/2210122421 2,583.00Ms. Brigitte Warren
C/O Perry Realty Team
DD - ES*****7593
Check Summary PWO 12/21/2021 Page 14©2021, MRI Software LLC - All Rights Reserved. 88 1/1/2210122423 3,319.00Wenying Chang DD - ES*****4384 1/1/2210122424 651.00Holly Wen DD - ES*****5295
1/1/2210122425 4,904.00Lewis White & Ruth White
Elma Ruth White
DD - ES*****4908
1/1/2210122426 2,165.00Fenny Wijayanti DD - ES*****6220 1/1/2210122427 1,951.00Ms Adrienne Wilson
C/O Gabe Essoe
DD - ES*****7867
1/1/2210122428 936.00Kathleen and John Wilson DD - ES*****5057 1/1/2210122429 2,705.00Kathy D. W illiams DD - ES*****8702 1/1/2210122430 2,800.00Tasia La Vonda Williams DD - ES*****5480 1/1/2210122431 999.00Windeler Development Group, Inc. DD - ES*****5026 1/1/2210122432 8,941.00Har Pan Wong DD - ES*****1157
1/1/2210122433 1,702.00Joanne Wong DD - ES*****6356
1/1/2210122434 634.00Kinney Ming Wong DD - ES*****1060
1/1/2210122436 1,646.00Vincent Wong DD - ES*****2784
1/1/2210122437 3,728.00Hong Wu DD - ES*****3962
1/1/2210122438 3,460.00Zhang Jin Wu DD - ES*****3698
1/1/2210122439 3,942.00Drewcillia W yatt DD - ES*****2556 1/1/2210122440 2,219.00Sheree Wynn DD - ES*****2651
1/1/2210122441 2,940.00Chao Xu DD - ES*****4644
1/1/2210122442 2,384.00Ping Ping Xu
Keming Wang
DD - ES*****3880
1/1/2210122443 2,853.00Zhou Xu DD - ES*****5087
1/1/2210122444 2,512.00Yifan Ye
Mike Perry, Property Manager
DD - ES*****4383
1/1/2210122445 912.00Sally Yip DD - ES*****6779
1/1/2210122446 1,790.00Yong Qiang Lu DD - ES*****6210
1/1/2210122447 2,407.00Chris Kui You DD - ES*****6178
1/1/2210122448 1,295.00Yee Yue Cheung DD - ES*****7622
1/1/2210122449 2,455.00Mohammad Zalmaiyar DD - ES*****8664 1/1/2210122450 2,726.00Feng Zhang DD - ES*****8685
1/1/2210122451 1,412.00Jielu Zhao DD - ES*****7638
1/1/2210122452 2,721.00Katherine Zhao DD - ES*****2407
1/1/2210122453 1,988.00Wei Bin Zhang or Gao Wei DD - ES*****2940 1/1/2210122454 1,964.00Xirong Zhao DD - ES*****3259
1/1/2210122455 1,637.00Yan Zhang DD - ES*****5640
1/1/2210122456 1,462.00Xiang Yang Zheng DD - ES*****4367 1/1/2210122457 2,583.00Zhixing Li DD - ES*****9263
1/1/2210122458 1,932.00Joy Yi Zhou DD - ES*****3830
1/1/2210122459 5,364.00Shengguo Zhu DD - ES*****7805
1/1/2210122460 5,156.00Ying Zhu
Ying Zhu
DD - ES*****6132
Check Summary PWO 12/21/2021 Page 15©2021, MRI Software LLC - All Rights Reserved. 89 1/1/2210122461 1,333.00W eijie Zhang DD - ES*****4651 $1,522,457.98
1,511,543.10
10,775.90
HAP

0.00 UR

0.00 Damage Claim
Vacancy Claim
138.98Administrative Fee

0.00 0.00
FSS Escrow Account
Shelter Plus Security Deposit

0.00Other
All Payments
Housing Choice Voucher
Check
Number Amount
Check Summary
Check Date Payee Tax ID Payee
VASH
January 1, 2022
1/1/2250515 22.00James E Phifer Jr.*****8792
1/1/2250600 2,109.00JOW & AAW, LLC*****9325
1/1/2250602 1,548.00Western Addition Apartments, LLC*****9326 1/1/2250604 1,172.00Jimmy Bhatia*****1636
1/1/2250605 1,267.00George Edward Cole*****2361
1/1/2250618 1,729.00MSR Rental Properties, LLC
C/O EEN Property Management
*****2116
1/1/2250623 1,766.00Ventana Rental Homes*****5770
1/1/2250627 1,354.00Olga M. Disney*****9507
1/1/2250629 4,474.00Marina Heights Apartments, LP*****7378 1/1/2250630 2,889.00Marina Heights Apartments, LP*****7378 1/1/2250631 1,476.00Marina Heights Apartments, LP*****7378 1/1/2210122011 1,483.00Felipe Amarante DD - ES*****4636 1/1/2210122022 1,370.00Ken Bartlett DD - ES*****3909
1/1/2210122027 720.00Adrienne Kelly Belton DD - ES*****7492 1/1/2210122036 1,261.00Som N Bhatia DD - ES*****7075
1/1/2210122049 1,079.00Joe Burns DD - ES*****8860
1/1/2210122051 1,677.00Clara Beatriz Cardenas DD - ES*****2513 1/1/2210122073 4,304.22Contra Costa County Housing Authority DD - ES*****0746 1/1/2210122074 3,725.00Creekside Apartment Investors LLC DBA Creekside Village
DD - ES*****3772
1/1/2210122075 5,888.00Creekside Apartment Investors LLC DBA Creekside Village
DD - ES*****3772
Check Summary PWO 12/21/2021 Page 16©2021, MRI Software LLC - All Rights Reserved. 90 1/1/2210122076 6,975.00Creekside Apartment Investors LLC DBA Creekside Village
DD - ES*****3772
1/1/2210122097 600.00Mercy Housing California XXXVIII
East Leland Court Apartments
DD - ES*****3406
1/1/2210122112 789.00Fox Creek Apartments DD - ES*****4032 1/1/2210122115 1,822.00FRR Investments LLC DD - ES*****4432 1/1/2210122125 3,656.00Gateway Apartments DD - ES*****5111 1/1/2210122143 1,797.00Abhilash Gupta DD - ES*****5267
1/1/2210122154 3,270.00David T. Hennigan DD - ES*****6728 1/1/2210122221 2,472.00Yiping I. and Frederic Leroudier DD - ES*****3555 1/1/2210122225 1,222.00James J. Busby and Irvin Deutcher a Partnership DBA Crestview Apartments
DD - ES*****3386
1/1/2210122232 1,585.00Paul Livson DD - ES*****1547
1/1/2210122245 3,475.00Xiangwen Lu DD - ES*****1494
1/1/2210122297 1,604.00Northstar Financial Group, LLC DD - ES*****9886 1/1/2210122348 1,662.00Amerasia Real Estate Fund LLC DD - ES*****6703 1/1/2210122349 2,850.00Reliant - Woods Grove, LP DD - ES*****7083 1/1/2210122370 4,039.00Sierra Pacific Properties Inc
Sierra Pacific Properties Inc
DD - ES*****7396
1/1/2210122371 1,165.00Siena Court Apartments DD - ES*****7789 1/1/2210122372 2,494.00Sierra Pacific Properties
Peppertree Apartments
DD - ES*****7396
1/1/2210122373 1,761.00Sierra Pacific Properties
Woodland Hills Apartments
DD - ES*****7396
1/1/2210122386 2,186.00Ramzi D Srouji DD - ES*****3465
1/1/2210122388 1,422.16Suisun City Housing Authority DD - ES*****0437 1/1/2210122422 1,957.00Isidoro Weitzman DD - ES*****4563 1/1/2210122425 1,078.00Lewis White & Ruth White
Elma Ruth White
DD - ES*****4908
1/1/2210122435 1,460.00Shirley Ank Wong DD - ES*****0238 $92,654.38
92,310.86

22.00 HAP

0.00 UR

0.00 Damage Claim
Vacancy Claim
321.52Administrative Fee

0.00 0.00
FSS Escrow Account
Shelter Plus Security Deposit

0.00Other
All Payments
VASH
Check Summary PWO 12/21/2021 Page 17©2021, MRI Software LLC - All Rights Reserved. 91 $1,615,112.36
1,603,853.96
10,797.90
HAP

0.00 UR

0.00 Damage Claim
Vacancy Claim
460.50Administrative Fee

0.00 0.00
FSS Escrow Account
Shelter Plus Security Deposit

0.00Other
All Payments
Grand Total
Check Summary PWO 12/21/2021 Page 18©2021, MRI Software LLC - All Rights Reserved. 92 OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Chair and Governing Board Members
FROM: Garrett Evans, Executive Director
SUBJECT: Adoption of a Housing Authority Minute Order Approving an Annual Report Pursuant to SB 341
MEETING DATE: March 21, 2022

EXECUTIVE SUMMARY
The Housing Authority of the City of Pittsburg (Housing Authority) has reviewed and considered the Housing Successor Agency’s annual report regarding housing activities through June 30, 2021 (Report).

FISCAL IMPACT
There is no fiscal impact in approving the Report. The Report provides a snapshot of housing activities that have occurred during a specified period.

RECOMMENDATION
Staff recommends that the Governing Board of the Housing Authority approve the Report.

BACKGROUND
The Redevelopment Agency of the City of Pittsburg (Agency) was a redevelopment agency formed, existed and exercised its powers pursuant to California Community Redevelopment Law Health and Safety Code Section 33000 et seq. (CRL). Pursuant to authority granted under the CRL, the Agency had the responsibility to implement the redevelopment plan established by the Community Development Plan for the Los Medanos Community Development Project by Ordinance No. 93-1063, adopted by the City Council on June 7, 1993 (as subsequently amended and restated by Resolution 07-1221 and as may be further amended from time to time).
93 On June 29, 2011, the Governor signed into law ABX1 26, also referred to as the “Dissolution Act” which automatically suspended redevelopment activities and on December 29, 2011, the California State Supreme Court upheld the provisions of the Dissolution Act, thereby dissolving all redevelopment agencies on February 1, 2012 (Dissolution Date). The Dissolution Act provides that prior to the Dissolution Date, the City may elect to assume the assets and responsibilities for the housing functions previously performed by the Agency or by default the housing functions will be transferred to the local housing authority.

On January 17, 2012, by City Resolution 12-11753 and Housing Authority Resolution 12- 261, the City elected to transfer, and the Housing Authority elected to assume all the rights, responsibilities, and functions related to housing previously performed by the Agency to the Housing Authority.

On October 13, 2013, SB 341 was approved by the Governor and filed with the Secretary of State. SB 341 amended Health and Safety Code 34176 and changed the former annual report due from the Agency to both the State Controller and Department of Housing and Community Development (HCD).

SUBCOMMITTEE FINDINGS
The Report was not discussed in a subcommittee.

STAFF ANALYSIS
The Housing Authority will file the Report and any supporting documents, if applicable, as an addendum to the City’s Annual Progress Report filed by the Planning Department. Upon receiving Housing Authority Governing Board approval and once this Minute Order has been certified by the Agency Secretary, the Report will be submitted to HCD on or before April 1, 2022.

ATTACHMENTS: Report
Report Prepared By: Melaine Venenciano, Senior Administrative Analyst 94 1 Amount deposited into LMIHAF:

Amount deposited listed on ROPS:

Description of the Deposit
2 Balance of LMIHAF:

Balance listed on ROPS:

Description of the Balance
3 Description of expenditures by category for:

Gonsalves Village
4 5
6 NA
Description of any transfers made pursuant to paragraph (2) of subdivision (c) in the previous fiscal year and, if still unencumbered, in earlier fiscal years and a description of and status update of any project for which transferred funds have been or will be expended if that project has not yet been placed in services.

Project Name and Description Address Amount Received
Description of any project for which the housing successor receives or holds property tax revenue pursuant to the ROPS and status of that project.

Value of loans and grants receivables. $ 29,105,590.00 Total $ 31,080,611.46
Development of housing pursuant to paragraph (3) of
subdivision (a). $ 79,306.00
As described in paragraph 1 of subdivision (a):

Statutory value of real property owned by the housing
successor. $ 1,975,021.46

THE SUCCESSOR AGENCY FOR THE REDEVELOPMENT AGENCY OF THE CITY OF PITTSBURG ANNUAL REPORT ON LMIHAF PURSUANT TO SB 341
FOR FISCAL YEAR: July 1, 2021-June 30, 2022
4,093,918.63$
-$
6,834,679.33$
-$
Monitoring and preserving the long-term affordability of units subject to affordability restrictions or covenants entered into by the redevelopment agency, housing successor agency, and activities described in paragraphs (2) and (3) of subdivision (a). $ - Homeless prevention and rapid rehousing services for the development of housing described in paragraph (2) of
subdivision (a).

Name and
Description Address Transferred To Value
95 7
8 9
10 # of Units
103
5 110
218
20%
11 Housing successor's plan for eliminating surplus.

Amount of any excess surplus. NA
Amount of time that the successor agency has had excess surplus.
$10,000 for housing counseling services.

Presidio Village
Siena Court
Total
Deed Restricted Total 1114
Percentage of Senior Housing
NA
Low Income Senior Housing
The information required by subparagraph (B) of paragraph (3) of subdivision (a):

Targeting Requirements Status
NA
Percentage of units of deed-restricted rental housing restricted to seniors and assisted individually or jointly by the housing successor, its former redevelopment agency, and its host jurisdiction within the previous 10 years in relation to the aggregate number of units of deed restricted rental housing assisted individually or jointly by the housing successor, its former redevelopment agency, and its host jurisdiction within the same time period.

NA
Description of any outstanding obligations pursuant to 33413 that remained to transfer to the housing successor on February 1, 2012, of the housing successor's progress in meeting those obligations, and of the housing successor's plans to meet unmet obligations. In addition, the housing successor shall include in the report posted on its Internet Web site the implementation plans of the former redevelopment agency.

Outstanding Obligation Status
NA
For interests in real property acquired by the former redevelopment agency prior to February 1, 2012, a status update on compliance with Section 33334.16. For interests in real property acquired on or after February 1, 2012, a status update on the project.

Address Status
Delta Hawaii
96 OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution Approving the Sixth Amendment to Amended and Restated Purchase and Sale Agreement by and Between the City of Pittsburg and Stay Cal Pittsburg LLC, Authorizing the City Manager to Negotiate and Execute Amendments and Agreements to Carry Out the Sixth Amendment, and Adopting an Economic Development Subsidy Report
MEETING DATE: March 21, 2022

EXECUTIVE SUMMARY:

On December 5, 2018, the City and Stay Cal Pittsburg LLC (“Stay Cal”) entered into an Amended and Restated Purchase and Sale Agreement (“Agreement”) regarding Stay Cal’s acquisition of real property located at the southwest corner of Center Drive and Railroad Avenue (APN 086-100-045) for construction of a hotel (“Project”). This Sixth Amendment to the Agreement would extend certain dates within the Schedule of Performance; modify and update the amount and type of City financial assistance including the term, repayment, fee deferral, and City contribution; transit occupancy tax; permitted transfers and use of proceeds; and reversion rights. Pursuant to the Requirements of state law, the City has prepared and published an Economic Development Subsidy Report.

FISCAL IMPACT:

As part of the proposed Sixth Amendment to the Agreement, the City would provide Stay Cal with a contribution equal to the maximum $599,999, so long as it is less than 2% of the total cost of the Project. The City would also defer certain City fees totaling just under $463,000, which would be paid back at a 2.5% interest rate.

Staff anticipates the Project, once operational, would generate approximately $500,000 annually in transit occupancy tax (“TOT”), which would support the City’s general fund. The City will also receive $1,678,110 from the sale of the property to Stay Cal, which would be paid back at a 2.5% intertest rate.
97 RECOMMENDATION:

Staff recommends that the City Council take the following actions:

1. open the public hearing, receive public testimony, and close the public hearing; and

2. adopt the attached resolution approving the Sixth Amendment to the Amended and Restated Purchase and Sale Agreement, authorizing the City Manager to: 1) negotiate and execute an agreement consenting to the sale of an approximately 10,000 square foot portion of the property on specified conditions; and 2) negotiate and execute amendments to the Deed of Trust, Promissory Note, and Fee Deferral Agreement for consistency with the terms of the Sixth Amendment to the Amended and Restated Purchase and Sale Agreement, and adopting an Economic Development Subsidy Report.

BACKGROUND:

On December 5, 2018, the City and Stay Cal entered into the Agreement in order to facilitate the development of a hotel on City-owned property. The Agreement outlines the responsibilities of both the City and Stay Cal, including the purchase price and sale of the property, schedule of performance, fee deferrals, payment of TOT, annexation into community facility districts (CFDs) and the light and landscaping district (LLD), and transfer of the property or a portion thereof to a third party. Notably, the Agreement authorized Stay Cal to collect a total of 12% TOT pursuant to Pittsburg Municipal Code (PMC) Chapter 3.12; of the 12% collected, two percent 2% would be applied to the deferred fee amount owed until fully paid.

Between June 2019 and January 2021, the City and Stay Cal executed five amendments to the Agreement in order to extended certain dates in the Schedule of Performance and extended the close of escrow date (Amendments 1-3) and modified the payment of fees and repayment provisions of the Agreement.

Pursuant to the requirements of Government Code Section 53083, the City has prepared and published an Economic Development Subsidy Report (Attachment 2).

Environmental Analysis: The proposed project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) under Class 12, “Surplus Government Property Sales,” of the state CEQA Guidelines, section 15312.

SUBCOMMITTEE FINDINGS:

This item was not presented to a subcommittee.
98 STAFF ANALYSIS:

Revisions to the Buyer’s proposed project funding and construction plans and the impacts of COVID-19 has necessitated further evaluation by the City and has required that certain dates in Exhibit C of the Agreement, “Schedule of Performance,” be extended. Further, financing opportunities for the project has necessitated that Stay Cal seek to amend the site plan to create a separate legal parcel to allow for a commercial structure in addition to the hotel, with the separate legal parcel then being sold to a third party.

As mentioned above, this Sixth Amendment to the Agreement would include the following notable changes: 1) extend certain dates within the Schedule of Performance (Exhibit C of Agreement); 2) extend the term of the loan for purchase of the property to 25 years; 3) modify the dates for commencement of repayment on the principal and interest of the property sale; 4) update the amount of fees subject to the fee deferral in order to reflect fee increases in the past two years, as well as to require interest be paid on the deferred amount; 5) establish a City contribution equal to the maximum $599,999, so long as it is less than 2% of the total cost of the Project; 6) eliminate the portion of the Agreement authorizing the additional 2% TOT charge for repayment of deferred fees, while establishing a required payment should the Project be utilized in any way in which TOT is not collected; 7) permitted transfers to facilitate the pad development 8) requiring 75% of the proceeds from the sale of a portion of the property be held in escrow and distributed upon completion of certain construction tasks by Stay Cal; and 9) amendment to section 9.6 to ensure that potential proceeds from sale of the property be shared equally by Stay Cal and the City.

ATTACHMENTS:

1. Resolution

2. Economic Development Summary Report prepared pursuant to CGC 53083 (Exhibit A to Resolution)

3. Proposed Sixth Amendment to the Amended and Restated Purchase and Sale Agreement

4. Amended and Restated Purchase and Sale Agreement (including amendments 1-5) Report Prepared By: Jordan Davis, Director of Community and Economic Development 99 Resolution No. 22-_____ Page 1 of 3 March 21, 2022

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:

Approving the Sixth Amendment to ) RESOLUTION NO. 22-_____ Amended and Restated Purchase and )
Sale Agreement by and between the )
City of Pittsburg and Stay Cal Pittsburg )
LLC, Authorizing the City Manager to )
Negotiate and Execute Amendments )
and Agreements to Carry Out the Sixth )
Amendment, and Adopting an Economic )
Development Subsidy Report )
WHEREAS, the City of Pittsburg wishes to further the economic development within the City; and
WHEREAS, City and Stay Cal Pittsburg LLC (“Stay Cal”) entered into that certain Amended and Restated Purchase and Sale Agreement with an effective date of December 5, 2018 (“Agreement”) regarding Stay Cal’s acquisition of real property located at southwest corner of Center Drive and Railroad Avenue, also known as Assessor’s Parcel Number (APN) 086-100-045 (“Property”); and WHEREAS, City and Stay Cal entered into that First Amendment to Amended and Restated Purchase and Sale Agreement on June 18, 2019 (“First Amendment”) which extended certain dates on Exhibit C of the Agreement, “Schedule of Performance,” and extended the close of escrow date; and WHEREAS, City and Stay Cal entered into that Second Amendment to Amended and Restated Purchase and Sale Agreement on September 27, 2019 (“Second Amendment”) which extended certain dates on Exhibit C of the Agreement, “Schedule of Performance,” and extended the close of escrow date; and WHEREAS, City and Stay Cal entered into that Third Amendment to Amended and Restated Purchase and Sale Agreement on November 14, 2019 (“Third Amendment”) which extended certain dates on Exhibit C of the Agreement, “Schedule of Performance”; and
WHEREAS, the sale of the Property closed escrow on December 24, 2019; and WHEREAS, City and Stay Cal entered into that Fourth Amendment to Amended and Restated Purchase and Sale Agreement on September 14, 2020 (“Fourth Amendment”) which extended certain dates on Exhibit C of the Agreement, “Schedule of Performance,” and modified the payment of fees and repayment provisions of the Agreement; and
100
Resolution No. 22-_____ Page 2 of 3 March 21, 2022 WHEREAS, City and Stay Cal entered into that Fifth Amendment to Amended and Restated Purchase and Sale Agreement on January 14, 2021 (“Fifth Amendment”) which extended certain dates on Exhibit C of the Agreement, “Schedule of Performance”; and

WHEREAS, revisions to Stay Cal’s proposed project funding and construction plans and the impacts of the Coronavirus, also known as COVID-19, has necessitated further evaluation by the City and has required that certain dates in Exhibit C of the Agreement, “Schedule of Performance,” be extended; and
WHEREAS, revisions to Stay Cal’s proposed project, including increasing financing opportunities for the project, has necessitated that Buyer seek to amend the site plan to create a separate legal parcel from the Property, to allow for a commercial structure in addition to the hotel, with the separate legal parcel then being sold to a third party; and
WHEREAS, the Sixth Amendment to the Agreement would include the following notable changes: 1) extend certain dates within the “Schedule of Performance” (Exhibit C of Agreement); 2) extend the term of the loan for purchase of the property to 25 years; 3) modify the dates for commencement of repayment on the principal and interest of the property sale; 4) update the amount of fees subject to the fee deferral in order to reflect fee increases in the past two years, as well as to require interest be paid on the deferred amount; 5) establish a City contribution equal to the maximum $599,999, so long as it is less than 2% of the total cost of the Project; 6) eliminate the portion of the Agreement authorizing the additional 2% TOT charge for repayment of deferred fees, while establishing a required payment should the Project be utilized in any way in which TOT is not collected; 7) permitted transfers to facilitate the pad development 8) requiring 75% of the proceeds from the sale of a portion of the property be held in escrow and distributed upon completion of certain construction tasks by Stay Cal; and 9) amendment to section 9.6 to ensure that potential proceeds from sale of the property be shared equally by Stay Cal and the City; and WHEREAS, pursuant to State law, the City has prepared a subsidy report which has been posted online for public review; and
WHEREAS, on March 21, 2022, during its regularly scheduled meeting, the City Council took public testimony prior to considering this item.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Pittsburg hereby approves the Sixth Amendment to the Amended and Restated Purchase and Sale Agreement, as substantially presented to the City Council; and 101
Resolution No. 22-_____ Page 3 of 3 March 21, 2022 BE IT FURTHER RESOLVED that the City Council of the City of Pittsburg authorizes the City Manager to: 1) negotiate and execute an agreement consenting to the sale of an approximately 10,000 square foot portion of the property on specified conditions; and 2) negotiate and execute amendments to the Deed of Trust, Promissory Note, and Fee Deferral Agreement for consistency with the terms of the Sixth Amendment to the Amended and Restated Purchase and Sale Agreement; and BE IT FURTHER RESOLVED that the City Council of the City of Pittsburg hereby adopts the Economic Development Subsidy Report, attached as Exhibit A to this Resolution, and finds that the report has been prepared pursuant to state law at California Government Code Section 53083.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 21st day of March 2022, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Holland Barrett White, Mayor
ATTEST:

Alice E. Evenson, City Clerk
102

ECONOMIC DEVELOPMENT SUBSIDY REPORT
PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 53083

ON AMENDED AND RESTATED PURCHASE AND SALE AGREEMENT BETWEEN

THE CITY OF PITTSBURG AND STAY CAL PITTSBURG LLC
The following Summary Report has been prepared pursuant to California Government Code Section 53083. The report sets forth certain details of the Amended and Restated Purchase and Sale Agreement, including the Sixth Amendment (“Agreement”) between the following parties:

1. The City of Pittsburg (“City”), a municipal corporation; and

2. Stay Cal Pittsburg LLC, a California limited liability corporation (“Developer”).

The Agreement requires the City to provide a development incentive to the Developer for the purpose of constructing a 117-room hotel (“Project”). The project is located at the southwest corner of Center Drive and Railroad Avenue (APN 086-100-045) in Pittsburg, CA.

The purpose of this Agreement is to effectuate economic development in the City. The purpose of this report is to provide the information required pursuant to Government Code Section 53083 in regards to the Agreement. This report shall remain available to the public and posted on the City’s website until the economic development subsidy, as further described in section II, is fully distributed.

I. Name and address of all corporations or any other business entities, except for sole proprietorships, that are the beneficiary of the economic development subsidy:

Stay Cal Pittsburg LLC
2110 S. El Comino Real
San Mateo, CA 94403
Contact Name: Hiten Suraj
II. Start and end dates and schedule, if applicable, for the economic 2 development subsidy:

The proposed economic development subsidy includes a one-time payment to Stay Cal. The Sixth Amendment to Agreement memorializing the incentive shall become effective upon execution of the Sixth Amendment. The Contribution (as defined in section III below) shall be paid by City directly to Stay Cal within ten (10) business days of completion and approval of the inspection of the entire foundation of the Project. In the event Stay Cal has not received approval of the entire foundation of the Project by December 31, 2023, City shall not be required to provide Contribution; this deadline may be extended by the City Manager for a 103
period(s) not to exceed six months. At the time the Contribution is provided to Stay Cal in full, this subsidy shall cease.

III. Description of the economic development subsidy, including the estimated total amount of the expenditure of public funds by, or of revenue lost to, the local agency as a result of the economic development subsidy:

The City is making economic incentive payments to facilitate the development of the Project and the operation of the hotel. The City agrees to provide Stay Cal with a contribution equal to the maximum of Five Hundred Ninety-Nine Thousand Nine Hundred and Ninety-Nine Dollars ($599,999), so long as it is less than two percent (2%) of the total cost of the Project (the “Contribution”).

IV. Statement of the public purposes for the economic development subsidy:

The Pittsburg City Council has determined that encouraging economic development, including private investment that involves creation of new jobs and income in the City, or the retention of existing jobs and income that would otherwise be lost or be unavailable to the residents of the City, is a valid exercise of its powers and provides an important public benefit and serves an important public purpose. By authorizing the City to enter into this Agreement, the City Council has determined that the benefits accruing as a result of the transactions contemplated by this Agreement, including, without limitation, (i) direct benefits such as the increase in higher-end hotel rooms near the Pittsburg Center BART Station; (ii) increased meeting and convention activity; (iii) increased revenues from property, sales, and TOT taxes; (iii) enhanced economic opportunities generated by the development of a new hotel serving Pittsburg, and (iv) the provision of infrastructure to the City, together with the Developer’s obligations in the Agreement represent fair consideration for all of the obligations to be undertaken by the City as contemplated in the Agreement.

Other important goals and objectives that are satisfied by the Project include generation of a substantial numbers of construction jobs and the potential increase in private investment as a result of the public investment in this Project.

To this end, the Project has already warranted the development of a new Starbucks restaurant adjacent to the hotel. A Courtyard by Marriot or comparable hotel brand would likely increase the number of visitors to the City, which will spend money on dining, retail and entertainment activities.

V. The projected tax revenue to the local agency as a result of the economic development subsidy:

The City expects to receive a significant increase in transient occupancy tax, property tax, permit fees, and community facilities district and lighting and landscaping district fees from the development of the Project. The anticipated revenues are summarized below:
104

1. Transient Occupancy Tax (TOT) – The current City TOT rate is 10% of room revenues. Based on the anticipated stabilized Average Daily Rate (ADR) and an occupancy rate, the Project will generate $560,000 annually in TOT.

2. Property Tax – Within the Site’s Tax Rate Area, the City receives 18.33408% of the general property tax levy of 1.0% of assessed value, with the balance of the collected property taxes going to other taxing jurisdictions. At the anticipated level of value, the Project will generate approximately $58,000 in property tax annually.

3. Development Fees – The City’s latest estimate indicated the Developer will pay over $800,000 total in permitting and impact fees (this includes the EBART CFD fee).

4. CFDs and LLD – The project will be required to annex into the Public Safety and Fire Safety community facilities districts (CFDs) as well as the City’s existing Lighting and Landscaping District, and pay the annual cost(s) for these ongoing assessments.

VI. Job Creation:

The Project is projected to create the following number of temporary jobs during construction, and full-time and part-time jobs during operation:

Full-time jobs: 5-10
Part-time jobs: 10-15
Temporary construction jobs: 30-50
105
SIXTH Amendment to Amended and Restated Purchase and Sale Agreement Page 1 of 8

SIXTH AMENDMENT TO AMENDED AND RESTATED

PURCHASE AND SALE AGREEMENT BY AND BETWEEN THE CITY OF

PITTSBURG AND STAY CAL PITTSBURG LLC
(APN: 086-100-045)

THIS SIXTH AMENDMENT TO AMENDED AND RESTATED PURCHASE AND SALE AGREEMENT (“SIXTH Amendment”), dated for reference as ______________, 2022, is entered into by and between the City of Pittsburg, a California municipal corporation (“Seller or City”), and Stay Cal Pittsburg LLC, a California limited liability company (“Buyer or Stay Cal”). City and Stay Cal are collectively referred to herein as the “Parties.”

RECITALS
A. Seller and Buyer entered into that certain Amended and Restated Purchase and Sale Agreement with an effective date of December 5, 2018 (“Agreement”) regarding Buyer’s acquisition of real property located at southwest corner of Center Drive and Railroad Avenue, also known as APN: 086-100-045 (“Property”), as more particularly described in Exhibit A to the Agreement.

B. Seller and Buyer entered into that First Amendment to Amended and Restated Purchase and Sale Agreement on June 18, 2019 (“First Amendment”) which extended certain dates on Exhibit C of the Agreement, Schedule of Performance, and extended the close of escrow date.

C. Seller and Buyer entered into that Second Amendment to Amended and Restated Purchase and Sale Agreement on September 27, 2019 (“Second Amendment”) which extended certain dates on Exhibit C of the Agreement, Schedule of Performance, and extended the close of escrow date.

D. Seller and Buyer entered into that Third Amendment to Amended and Restated Purchase and Sale Agreement on November 14, 2019 (“Third Amendment”) which extended certain dates on Exhibit C of the Agreement and Schedule of Performance.

E. The sale of the Property closed escrow on December 24, 2019.

F. Seller and Buyer entered into that Fourth Amendment to Amended and Restated Purchase and Sale Agreement on September 14, 2020 (“Fourth Amendment”) which extended certain dates on Exhibit C of the Agreement, Schedule of Performance, and modified the payment of fees and repayment provisions of the Agreement.

G. Seller and Buyer entered into that Fifth Amendment to Amended and Restated Purchase and Sale Agreement on January 14, 2021 (“Fifth Amendment”) which extended certain dates on Exhibit C of the Agreement, Schedule of Performance. 106
SIXTH Amendment to Amended and Restated Purchase and Sale Agreement Page 2 of 8

H. Revisions to the Buyer’s proposed project funding and construction plans and the impacts of the Coronavirus, also known as COVID-19, has necessitated further evaluation by the City and has required that certain dates in Exhibit C of the Agreement, Schedule of Performance be extended.

I. Revisions to the Buyer’s proposed project, including increasing financing opportunities for the project, has necessitated that Buyer seek to amend the site plan to create a separate legal parcel from the Property, to allow for a commercial structure in addition to the hotel, with the separate legal parcel then being sold to a third party.

NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties agree to amend the Agreement as follows:

1. Recital G. Recital G is hereby amended to read as follows: Stay Cal intends to purchase the Property and construct a Courtyard by Marriott or equivalent hotel brand on the Property with at least 117 rooms (the “Project”).

2. Recital I. Recital I is hereby amended to read as follows: Stay Cal has requested, and City has agreed to provide deferral of certain development fees (“Deferred Fees”) in the amount not greater than Four Hundred Sixty-Three Thousand Dollars ($463,000), to be repaid by Stay Cal in monthly payments until fully repaid, pursuant to a Fee Deferral Agreement (the “Fee Deferral Agreement”) substantially in the form attached as Exhibit H of Agreement.

3. Section 2.3.6 Payment of Fees. Section 2.3.6 is hereby amended to read as follows: Payment of Fees. Stay Cal has paid, when due, all customary and reasonable fees and charges in connection with the processing of permits and approvals. Certain City-controlled fees and charges in connection with the processing of permits and approvals in the amount not greater than Four Hundred Sixty-Three Thousand Dollars ($463,000) shall be deferred and paid by Stay Cal pursuant to the terms of the Deferral Agreement. Interest on the Deferred Fees shall begin to accrue from the time that permits are obtained and fees become due and payable, at a commercially reasonable interest rate of two and one-half percent (2.5%) simple interest per annum on the unpaid principal amount, computed on a basis of a 365-day year. Principal and interest are due and payable upon an event of default under Article IX hereof.

4. Section 4.1 The Project. The last sentence of Section 4.1 is hereby amended to read as follows: The Project will consist of a Courtyard Marriott or an equivalent hotel brand with at least 117 rooms, an on-site restaurant, full bar service, and a conference room in accordance with brand standards for a Courtyard Marriott.

5. Article V City Financial Assistance. Article V is hereby amended in its entirety to read as follows:
107
SIXTH Amendment to Amended and Restated Purchase and Sale Agreement Page 3 of 8

ARTICLE V

CITY FINANCIAL ASSISTANCE

5.1 Loan and Note. To assist in the acquisition of the Property, City shall provide a Loan in the form of seller-financing to cover the Purchase Price in the principal amount of One Million Six Hundred Seventy-Eight Thousand One Hundred Ten Dollars ($1,678,110.00) (the “Loan”). The Loan shall be evidenced by a secured promissory note dated as of the Closing Date and executed by Stay Cal substantially in the form attached hereto as Exhibit E (the “Note”) and shall be secured by the Deed of Trust (the “Deed of Trust”) which shall be recorded against the Property subject only to City’s Permitted Exceptions.

Provided that Stay Cal has complied with all conditions precedent to disbursement of the Loan set forth in Section 5.8, City will provide the Loan at Closing.

5.2 Interest. Commencing on the Closing Date and continuing through the date that all indebtedness and other amounts payable under this Agreement and the Note are paid in full, interest on the Loan shall accrue at a commercially reasonable interest rate of two and one-half percent (2.5%) simple interest per annum on the unpaid principal outstanding from time to time, computed on a basis of a 365-day year.

Interest is due and payable upon an event of default under Article IX hereof.

5.3. Term; Extension of Term. The term of the Loan is the earlier of (i) the sale or transfer of the Property and the Project by Stay Cal, except as provided herein, or (ii) 25 years from the month after issuance of the Certificate of Occupancy (the “Maturity Date”). Notwithstanding the foregoing, the City shall have the right to accelerate the maturity date and declare all sums payable under the Note immediately due and payable upon the occurrence of an Event of Default.

5.4 Repayment. Stay Cal shall make monthly principal and interest payments to the City, under this Agreement, commencing on the earlier to occur of the following:
(i) the first day of the calendar month after the Courtyard by Marriott or equivalent hotel brand that Stay Cal constructs on the Property receives its Certificate of Occupancy or (ii) two (2) years from April 1, 2022, regardless of whether a Courtyard by Marriott or equivalent hotel brand has been constructed on the Property and/or is open to the public (“Monthly Payment Commencement Date”) and shall continue making such monthly payments until that date that is twenty-five (25) years after the Monthly Payment Commencement Date (the “Maturity Date”). For purposes of illustration only:
(i) if the Courtyard by Marriott or equivalent hotel brand on the Property were to open to the public on January 15, 2024, the Monthly Payment Commencement Date as defined in this Agreement would be February 1, 2024, and Stay Cal would then be obligated to commence making the required monthly principal and interest payments to City through January 1, 2048, which would represent the Maturity Date pursuant to this hypothetical example; and (ii) if April 1, 2024 has passed and the Buyer has failed to construct a Courtyard by Marriott or equivalent hotel brand that is open to the public on or before April 1, 2024, the Monthly Payment Commencement Date shall be April 1, 2024 and the Maturity Date would be March 1, 2048.
108
SIXTH Amendment to Amended and Restated Purchase and Sale Agreement Page 4 of 8

5.5 Security. As security for repayment of the Note, Stay Cal shall execute the Deed of Trust in favor of City as beneficiary pursuant to which City shall be provided a lien against Stay Cal’s interest in the Property and the Project. The Deed of Trust shall be dated as of the Closing Date, shall be substantially in the form attached hereto as Exhibit F, and shall be recorded in the Official Records on the Closing Date. The Deed of Trust may be subordinated only to the City’s Permitted Exceptions and such liens and encumbrances as City shall approve in writing. The City shall subordinate to any construction or permanent financing for this Project.

5.6 Use of Loan. The Loan shall be used solely to fund acquisition of the Property.

5.7 Prepayment. Stay Cal shall have the right to prepay the Loan at any time and from time to time, without penalty or premium, provided that any prepayment of principal must be accompanied by interest accrued but unpaid to the date of prepayment. Prepayments shall be applied first to accrued but unpaid interest and then to principal.

5.8 Conditions to Loan. City’s obligation to fund the Loan is conditioned upon the satisfaction of all of the conditions set forth in Sections 2.3 and 3.8 and all of the following conditions:

5.8.1 The conveyance of the Property to Stay Cal;

5.8.2 Stay Cal’s execution and delivery to City of this Agreement, the Note and the Deed of Trust;

5.8.3 Recordation of the Deed of Trust in the Official Record;

5.8.4 Stay Cal’s delivery to City of evidence reasonably satisfactory to City that there are no mechanics’ liens or stop notices related to the Property or the Project, and Stay Cal’s provision to City of full waivers or releases of lien clams if required by City;

5.8.5 Stay Cal’s delivery to the City of evidence of property and liability insurance coverage and payment and performance bonds in accordance with the requirements set forth herein;

5.8.6 No material adverse change as determined by City in its reasonable judgment shall have occurred in the condition of the Property or the Project or in the financial or other condition of Stay Cal since the Effective Date of this Agreement;

5.8.7 Stay Cal’s delivery to City of each of the following: (i) certificate of good standing, certified by the Secretary of State indicating that Stay Cal is properly organized and authorized to do business in the State of California, (ii) a certified resolution indicating that Stay Cal has authorized this transaction and that the persons executing the City Documents on behalf of Stay Cal have been duly authorized to do so, 109
SIXTH Amendment to Amended and Restated Purchase and Sale Agreement Page 5 of 8 and (iii) certified copy of Stay Cal’s articles of incorporation and bylaws; and

5.8.8 City’s receipt of a written estimated settlement statement showing the acquisition price, closing costs and all other amounts due in escrow for Stay Cal’s acquisition of the Property.

5.9 No Obligation to Provide Loan Upon Default. Notwithstanding any other provision of this Agreement, the City shall have no obligation to Close if any of the following circumstances occur:

5.9.1 the failure of any of Stay Cal’s representations and warranties made in this Agreement or in connection with the Loan to be true and correct in all material respects;

5.9.2 the termination of this Agreement by mutual agreement of the Parties;

5.9.3 the occurrence of an Event of Default under any City Document which remains uncured beyond any applicable cure period, or the existence of any condition, event or act which upon the giving of notice or the passage of time or both would constitute an Event of Default under any City Document.

5.10 Due On Sale or Encumbrance. Unless City agrees otherwise in writing, the entire unpaid principal balance and all interest and other sums accrued under the Note shall be due and payable upon the Transfer absent the prior written consent of City of all or any part of or interest in the Property except as otherwise permitted pursuant to this Agreement.

5.11 Fee Deferral Agreement. City agrees to permit Stay Cal to defer certain City controlled permit and entitlement fees, pursuant to that certain Fee Deferral Agreement executed by Stay Cal substantially in the form attached to this Agreement as Exhibit H, and incorporated herein by this reference. Interest on the deferred amounts shall accrue at a commercially reasonable interest rate of two and one-half percent (2.5%) simple interest per annum on the unpaid principal outstanding from time to time, computed on a basis of a 365-day year. Interest shall begin to accrue at the time that permits are obtained. Stay Cal shall make monthly principal and interest payments to the City, commencing on the first day of the calendar month after the Courtyard by Marriott or equivalent hotel brand that Stay Cal constructs receives its Certificate of Occupancy or (ii) two (2) years from April 1, 2022, regardless of whether a Courtyard by Marriott or equivalent hotel brand has been constructed on the Property and/or is open to the public (“Monthly Payment Commencement Date”) and shall continue making such monthly payments until fully satisfied..

5.12 City Contribution. City agrees to provide Stay Cal with a contribution equal to the maximum of Five Hundred Ninety-Nine Thousand Nine Hundred and Ninety-Nine Dollars ($599,999), so long as it is less than two percent (2%) of the total cost of the Project (the “Contribution”). The Contribution shall be paid by City directly to Stay Cal within ten (10) business days of completion and approval of the inspection 110
SIXTH Amendment to Amended and Restated Purchase and Sale Agreement Page 6 of 8 of the entire foundation of the Project. In the event Stay Cal has not received approval of the entire foundation of the Project by December 31, 2023, City shall not be required to provide Contribution; this deadline may be extended by the City Manager for a period(s) not to exceed six months.

6. Section 6.1 Use. Section 4.1 is hereby amended to read as follows: Stay Cal covenants and agrees for itself and its successors and assigns that the Property shall be used for the development and operation of a Courtyard Marriott or an equivalent hotel brand with at least 117 rooms and a conference room. Additional uses of the Property may be approved by the City in the City’s discretion.

7. Section 6.2 Transit Occupancy Tax. Section 6.2 is hereby deleted in its entirety and replaced with the following: During the first five years of operation of the hotel, commencing on the date of issuance of the Certificate of Occupancy, if the owner and/or operator of the Project sells to or enters into an agreement with any party to utilize the Project in a manner which prevents the City from collecting Transit Occupancy Tax (“TOT”), Stay Cal shall pay the City the lost TOT, equivalent to Five Hundred Thousand Dollars ($500,000) per year, up to Two Million Dollars ($2,000,000).

8. Section 7.3 Permitted Transfers. Section 7.3 is hereby amended to read as follows: Notwithstanding any contrary provision hereof, the prohibitions set forth in this Article shall not be deemed to prevent: (i) the granting of temporary easements or permits to facilitate development of the Property; (ii) the dedication of any property required pursuant to this Agreement; (iii) the rental of hotel rooms; (iv) assignments creating security interests for the purpose of financing the acquisition, construction or permanent financing of the Project; (v) a Transfer to an entity which is under the direct control of Stay Cal or in which Hiten Suraj is a principal or (v) a Transfer to any entity so long as Stay Cal remains an owner of the Project and Hiten Suraj is a guarantor of any debt associated with the Project (“Controlled Affiliate”).

9. Section 7.4.4 is hereby amended to read as follows: No transfer of any portion of the Property to an entity not expressly enumerated in Section 7.3 shall be valid without a written recorded agreement between the Parties demonstrating the City’s consent and setting forth conditions by City. Stay Cal acknowledges the written agreement shall condition the City consent to sale on the obligation of Stay Cal to impose certain requirements on buyer that would otherwise be imposed on Stay Cal and the entirety of the Property in the absence of a sale. For example, and not as a limitation, Stay Cal shall require buyer to pay all taxes and assessments as set forth in Sections 6.4 and

6.4.1, provide payment and performance bonds and insurance as set forth in 4.20-4.21, provide a release to the City as set forth in Section 8.5, and indemnify the City as set forth in Sections 8.7 and Article X.
a. 75% of the net proceeds from the sale of the separate legal parcel described in Recital I shall be held in escrow. 50% of the proceeds held in escrow shall be disbursed to Stay Cal when the City’s Contribution is disbursed and the remaining 50% of the proceeds shall be disbursed to 111
SIXTH Amendment to Amended and Restated Purchase and Sale Agreement Page 7 of 8 Stay Cal upon completion of the framing for the Project.

10. Section 9.6 Right of Reverter. Section 9.6 is hereby amended to read as follows:

If prior to issuance of a Certificate of Occupancy, Stay Cal abandons the Project or seeks to sell the Project, City shall retain sole discretion for approving the buyer and purchase price. Proceeds from the sale to a third party approved by the City shall be disbursed in the following order: 1) unpaid balance of the Loan to the City; 2) reimbursement to Stay Cal for all out-of-pocket expenses associated with the Project up to Five Hundred Thousand Dollars ($500,000); and 3) remaining balance of the sales proceeds, after the Loan has been satisfied, will be divided equally and between Stay Cal and the City. This right of reverter shall not be triggered on a sale of any portion of the Project as long as Stay Cal remains an owner of the Project and/or Hiten Suraj remains a guarantor of any debt associated with the Project.

11. Exhibit C – Schedule of Performance. Exhibit C, “Schedule of Performance,” of the Agreement is hereby replaced with Attachment 1 of this SIXTH Amendment.

12. Counterparts; Fax or Email Transmission. This Amendment may be executed in two or more identical counterparts, and may be delivered by fax or email transmission in addition to the other forms of delivery of notices acceptable under the terms of the Agreement.

13. Entire Agreement. The Agreement embodies the entire understanding between Seller and Buyer with respect to its subject matter and can be changed only by an instrument in writing signed by Seller and Buyer.

IN WITNESS WHEREOF, this SIXTH Amendment is executed by Buyer and Seller as of the Effective Date.

SIGNATURES ARE ON THE FOLLOWING PAGE
112
SIXTH Amendment to Amended and Restated Purchase and Sale Agreement Page 8 of 8 City:

City of Pittsburg,
a California municipal corporation
By: ____________________________
Name: Garrett Evans
Its: City Manager
Attest:
______________________________
Alice E. Evenson, City Clerk
Reviewed as to Form:
______________________________
Donna Mooney, City Attorney
Stay Cal:

Stay Cal Pittsburg LLC,
a California limited liability company
By: ____________________________
Name: Hiten Suraj
Its: Manager
113
SIXTH Amendment to Amended and Restated Purchase and Sale Agreement Attachment 1 Attachment 1
EXHIBIT C: “SCHEDULE OF PERFORMANCE”
Action Date

1. Conceptual Development Documents. Stay Cal shall
submit the Conceptual Development Documents to the City for the City's review and receive the City approval.

March 1, 2021

2. Application for Applicable Land Use Approvals. Stay Cal shall apply for the Applicable Land Use Approvals necessary for the construction of the Project and receive the City Approval.

Stay Cal shall request to extend its Land Use Approvals.

February 28, 2019 –
Submitted
Before the expiration date
of the current Land Use
Approval June 25, 2021.

3. Construction Plans. Stay Cal shall submit proposed
Construction Plans for the Project to the City for the City's review and receive the City approval. [Amended and Restated PSA §

4.10]
Grading and Foundation
Plans by January 6, 2019
Construction Plans due
October 30, 2020

4. Financing Plan. Stay Cal shall submit evidence of
financing, acceptable to the City, for development of Project. [Amended and Restated PSA § 4.06]
May 1, 2022

5. Building Permits. Stay Cal shall obtain the Building Permits for construction of Project.

No later than August, 2022

6. Construction Contract. Stay Cal shall submit, and receive, City approval of the construction contract for the construction of the Project.

July 1, 2022

7. Payment and Performance Bonds. Stay Cal shall submit for and receive City approval of the payment and performance bonds for the construction of the Project. [Amended and Restated PSA § 4.20]
July 1, 2022

8. Insurance. Stay Cal shall submit evidence of insurance to the City and receive City approval thereof.

July 1, 2022

9. Commencement of Construction. Stay Cal shall
commence construction of the Project. [DA § 6.19]
September 1, 2022

10. Completion of Construction. Stay Ca shall complete construction of the Project.

May 1, 2024
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
Combined Agency/City Council Minutes Page 1 of 4 March 7, 2022

CITY OF PITTSBURG

CITY COUNCIL/AGENCY CONCURRENT MEETING MINUTES
DATE: March 7, 2022
LOCATION: Council Chamber, City Hall, 65 Civic Avenue, Pittsburg, CA 94565 CITY COUNCIL.AGENCY MEMBERS
Holland Barrett White, Mayor/Chair
Shanelle Scales-Preston, Vice-Mayor/Chair
Juan Antonio Banales, Council/Agency Member
Jelani Killings, Council/Agency Member
Marilyn Craft, Council/Agency Member
S.L. Floyd, Agency Member
Annie Hill Herring, Agency Member

APPOINTED OFFICIALS
Garrett Evans, City Manager/Executive Director
Donna Mooney, City Attorney/Legal Counsel
Alice E. Evenson, City Clerk/Agency Secretary (elected) Nancy Parent, City Treasurer (elected)

This meeting was held in compliance with California Government Code Section 54953(e)(2), which was added by Assembly Bill 361 which became effective October 1, 2021, pursuant to the Governor’s Executive Order N-15-21. On November 29, 2021, the City Council authorized hybrid meetings of the City Council and Commissions upon findings made in Resolution 21-13997 as required by state law. In addition, all Boards authorized teleconferenced meetings. City Council Members/Board Members/Commissioners and appropriate staff participated virtually. The Public will continue virtual participation via Zoom. Pursuant to Government Code Section 54953(e)(3), the Council/Board/ Commission authorization is effective for 30 days and may be extended every 30 days if the Council/Board/Commission makes required findings.

Vice-Mayor Scales-Preston called the Meeting of the City Council to order at 7:02 P.M. in the City Council Chamber at City Hall, 65 Civic Avenue, Pittsburg, CA after convening in Closed Session at 6:00 P.M. for the following items:

1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS pursuant to Section 54956.8:

Property: Southwest corner of Center Drive and Railroad Avenue (APN 086-100- 045); Negotiator for the City of Pittsburg: Garrett Evans and Maria Aliotti; Negotiating Party: Stay Cal Pittsburg, LLC; Under Negotiations: Both price and terms of payment

2. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Initiation of litigation pursuant to Section 54956.9(d)(4) Number of cases: one
232
Combined Agency/City Council Minutes Page 2 of 4 March 7, 2022

3. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Section 54957.6:

City designated representatives: Garrett Evans, Maria Aliotti, Charles Sakai, Sloan Sakai Yeung & Wong LLP
Employee organizations: American Federation of State, County, and Municipal Employees Local 512 Management/Professional/Confidential Unit and Miscellaneous A Unit; Pittsburg Police Officers’ Association; Pittsburg Police Managers Group; Teamsters Local 856; International Brotherhood of Electrical Workers Local 1295 Unrepresented employees: Management Group; Senior Executive Team No reportable action was taken in Closed Session with regards to Items 1 and 3.

As to Item 2, in compliance with the Brown Act at California Government Code Section 54957.1(a)(2), the City Attorney reported that the City Council has given approval to initiate litigation by a vote of 4-1, Vice-Mayor Scales-Preston, Councilmember Banales, Councilmember Craft, and Councilmember Killings voting in favor, and Mayor White voting against. Once the action is formally commenced, the action, defendant, or other particulars will be disclosed to any person on inquiry unless an exception applies.

ROLL CALL
All Members were present.

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.

PRESENTATIONS

4. NHA Financial Advisors LLC
Presentation on Water Rates Discussion and CalPers Unfunded Accrued Liability (UAL) Cost Management Strategies, and the potential issuance of a water bond to finance various water related capital improvement projects and a pension obligation bond to mitigate the rising UAL.

PROCLAMATIONS

5. Red Cross Month

6. World Down Syndrome Day

7. Cesar Chavez Day

CITY MANAGER REPORTS/REMARKS
City Manager Evans reported on COVID-19 management and upcoming City events. 233
Combined Agency/City Council Minutes Page 3 of 4 March 7, 2022

PUBLIC COMMENTS
There were no public comments.

COMMITTEE REPORTS
Member Killings attended the Economic Development/Waterfront subcommittee along with Member Banales.

PUBLIC HEARING

8. Adoption of a City Council Resolution Approving an Update to the Habitat Conservation Plan/Natural Community Conservation Plan (HCP/NCCP) Mitigation Fees Mayor White opened the Public Hearing. There being no one to speak to the item, Mayor White closed the Public Hearing.

On Motion by Member Banales, seconded by Vice-Mayor Scales-Preston to adopt and carried unanimously.

CONSIDERATION

9. Adoption of a City Council Resolution Nominating Two City Council Members to the Los Medanos Health Advisory Committee
On Motion by Member Craft, seconded by Member Banales to appoint Member Killings and Vice-Mayor Scales-Preston to the Los Medanos Health Advisory Committee and carried unanimously.

10. Adoption of Resolutions Making Findings in Support of Continuing to Hold Public Meetings by Teleconference Pursuant to California Government Code Section 54953(e) On Motion by Member Craft, seconded by Vice-Mayor Scales-Preston to adopt with the provision City Council and other bodies remain virtual until April 3, at which time all bodies will meet in person in the Council Chamber with full public in-person participation, and that subcommittee meetings will remain virtual for health reasons, and carried unanimously.

CONFLICT OF INTEREST STATEMENT
There were no conflicts of interest statements.

COMBINED CITY COUNCIL, PITTSBURG HOUSING AUTHORITY, PITTSBURG ARTS AND

COMMUNITY FOUNDATION, PITTSBURG POWER COMPANY AND SOUTHWEST

PITTSBURG GHAD II AND SUCCESSOR AGENCY CONSENT CALENDAR On Motion by Member Craft, seconded by Vice-Mayor/Chair Scales-Preston to adopt and carried unanimously.

11. Minutes of Special Meeting February 14, 2022, Special Meeting February 22, 2022 234
Combined Agency/City Council Minutes Page 4 of 4 March 7, 2022 and February 22, 2022

12. Adoption of a City Council Resolution Establishing the Maximum Number of Condominium Conversions for Calendar Year 2022

COUNCIL REQUEST FOR FUTURE AGENDA ITEMS
There were no requests for future agenda items.

COUNCIL MEMBER REMARKS
Vice Mayor Scales-Preston stated she participated with PAL and 25 children on a trip to Black Diamond Mines. She also commented on the mental health crisis at Hampton Inn last week and thanked the Police Department for their work. She noted that at a luncheon with elected women, Supervisors Mitchoff and Burgis gave kudos to our police department and mental health team for their successful effort in dealing with this crisis.

Member Craft also commented on the Hampton Inn incident. She noted she would like the Black History Month programs to be coordinated next year.

ADJOURNMENT
The City Council adjourned at 9:49 P.M. to March 21, 2022.

Respectfully submitted,
Alice E. Evenson, City Clerk
235

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution to Establish the 2022/2023 Annual Stormwater Utility Area Fee
MEETING DATE: March 21, 2022

EXECUTIVE SUMMARY
Each year, the City Council establishes the amount of the Stormwater Utility Area fee paid by property owners to support drainage maintenance and other activities required by the Federal Clean Water Act and the City’s Joint Municipal permit for the National Pollutant Discharge Elimination System (NPDES) program. Staff recommends no change be made to the current fee, which is $30.00 per Equivalent Runoff Unit (ERU). No increase is proposed.

FISCAL IMPACT
Annual assessments are determined by issuing an Equivalent Runoff Unit multiplier depending on what “ERU Group” a specific land use falls under. For example, a single family home on a parcel between 5,000 to 20,000 sq. ft. (ERU Group “A”) = 1.0 ERU. That results in the homeowner paying $30.00 annually on their property tax. For most commercial parcels, including supermarkets, restaurants, car dealerships, etc. (ERU Group “J”) = 12 ERU/acre. Maintaining the Stormwater Utility Area fee at $30.00 per ERU will allow the City to collect the maximum amount of NPDES funds to run the NPDES program as required. This rate allows the City to meet ongoing permit costs for fiscal year 2022/2023. The annual revenue to be generated from this assessment is projected to be $1.2 million.

RECOMMENDATION
City Council adopt the attached resolution establishing a Stormwater Utility Area fee rate of $30.00 per ERU for fiscal year 2022/2023 and request the Contra Costa County Flood Control and Water Conservation District to adopt an annual parcel assessment based on that rate to cover the City’s costs associated with its NPDES activities. 236

BACKGROUND
In 1987, the federal government began requiring NPDES permits for all non-point source discharges of stormwater runoff entering waters of the state. Permit compliance responsibilities are vested with the State Water Quality Control Board (SWQCB).

In 1993, the City joined with the Contra Costa County Flood Control and Water Conservation District, Contra Costa County, and 18 other cities to create the Contra Costa Clean Water Program (County Program) to effectively respond to federal and state requirements regulating local discharges of stormwater into the San Joaquin / Sacramento River Delta and other waters of the state.

As a member of the County Program, the City is required to fund its pro-rata share of County Program costs for regional activities as well as the City’s work to comply locally. In 1993, the City Council adopted Resolution 93-7913, authorizing the County Board of Supervisors to hold a public hearing and adopt Ordinance No. 93-47 to establish the Stormwater Utility Assessment Drainage Fee to help finance administrative and program activities necessary to comply with the NPDES Permit.

At that time, $30.00 was established as the maximum ERU rate for the City of Pittsburg.

The City established the initial ERU rate at $24.00. In 2005, the City Council approved Resolution 05-10273, to increase the rate to $30.00 for fiscal year 2005/2006 to cover program costs and has re-established the fee each year.

The Contra Costa County Flood Control and Water Conservation District assesses the fee on developed parcels within the City.

SUBCOMMITTEE FINDINGS
This item was not presented at a subcommittee.

STAFF ANALYSIS
Maintaining the ERU at the maximum $30.00 is necessary for the City to continue the activities required to comply with its NPDES permit. A new permit is anticipated to be adopted and become effective on July 1, 2022. This permit has a five-year term, which requires increased efforts to meet benchmark reductions for pollutants such as trash, PCBs, and mercury.

NPDES revenues pay for the staff and materials needed to maintain the City’s drainage infrastructure and creek channels. This includes debris removal, repairs, and stream bank erosion controls. It also pays for the inspection, monitoring, and management of illicit discharges, illegal storm drain connections, and other potential stormwater violations and issues.

ATTACHMENTS: Resolution
Report Prepared By: Joseph Camaddo, Assistant Engineer 237
Resolution No. 22- Page 1 March 21, 2022

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:

Establishment of the FY 2022/2023 ) RESOLUTION NO. 22- Annual Stormwater Utility Area Fee )

WHEREAS, under federal Water Pollution Control Act (Clean Water Act) and the National Pollutant Discharge Elimination System (NPDES) program, prescribed discharges of stormwater require a permit from the appropriate California Regional Water Quality Control Board; and
WHEREAS, the City has an NPDES permit that requires the implementation of selected Best Management Practices to minimize or eliminate pollutants from entering stormwaters; and
WHEREAS, it is the intent of the City to utilize funds received from its Stormwater Utility Area (SUA) fee for implementation of the NPDES program and drainage maintenance activities; and
WHEREAS, at the request of the City, the Contra Costa County Flood Control & Water Conservation District (District) has completed the process of SUA fee formation, including the adoption of the Stormwater Utility Assessment Drainage Ordinance No. 93- 47; and
WHEREAS, the SUA fee and Program Group Costs Payment agreement between City and District requires that the City annually, by May 1, determine the rate to be assessed to a single Equivalent Runoff Unit (ERU) for the forthcoming fiscal year.

NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby assigns a single Equivalent Runoff Unit (ERU) rate for FY 2022/2023 at $30.00 and requests the District to adopt the SUA fee levies based on said amount.

PASSED, AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 21st day of March 2022, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
_________________________
ATTEST: Holland Barrett White, Mayor
__________________________
Alice E. Evenson, City Clerk
238
Resolution No. 22- Page 1 of 2 March 21, 2022

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:

Authorizing Execution of a Lease Agreement )
between the City of Pittsburg and Approved ) RESOLUTION NO. 22- Auto Center of Pittsburg )
WHEREAS on April 20, 2020, through Resolution 20-13765, City Council approved a Purchase and Sale agreement, and an Assignment and Assumption agreement by and between the City and Rose Clarke Winter which assigned Winter’s lease with Approved Auto Center of Pittsburg (Lessee) to the City; and
WHEREAS, the City owns certain real property located at 2101 Railroad Avenue, also known as Contra Costa County Assessor’s Parcel Number 088-171-035; and

WHEREAS, the Assignment and Assumption agreement expires March 31, 2022; and
WHEREAS, the Lease Agreement (Lease) will be effective April 1, 2022 (Effective Date) and end on March 31, 2025 or the date of any termination in accordance with the provisions in the Lease. The Lease can be terminated, with or without cause, within 90 days written notice from either party; and
WHEREAS, commencing on the Effective Date, the base rent (Base Rent) will be Eight Thousand Two Hundred Forty Dollars ($8,240) per month. Base Rent will increase annually on each April 1st thereafter by three percent (3%) per annum over the Base Rent paid in the immediate prior year; and
WHEREAS, the City will receive a total of Three Hundred Five Thousand Six Hundred and Twenty-Eight Dollars ($305,628) for the term of the Lease.

NOW, THEREFORE BE IT RESOLVED that the City Council authorizes the City Manager to execute the Lease and take such further actions as may be necessary or appropriate regarding the terms of the Lease.
239
Resolution No. 22- Page 2 of 2 March 21, 2022
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 21st day of March 2022 by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Holland Barrett White, Mayor
ATTEST:

Alice E. Evenson, City Clerk
240

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution Approving a Lease Agreement by and Between the City of Pittsburg and Approved Auto Center of Pittsburg
MEETING DATE: March 21, 2022

EXECUTIVE SUMMARY
The City owns certain real property located at 2101 Railroad Avenue, also known as Contra Costa County Assessor’s Parcel Number 088-171-035 (Property). The City proposes to enter into a three (3) year lease agreement (Lease) with Approved Auto Center of Pittsburg (Lessee) with one (1) option to extend (Option to Extend) for an additional five (5) years with the City’s approval.

FISCAL IMPACT
The City will receive a total of Three Hundred Five Thousand Six Hundred and Twenty-Eight Dollars ($305,628) for the term of the Lease. Upon exercising the Option to Extend, a fair market rent study will be conducted to determine the rate.

RECOMMENDATION
City Council adopt the Resolution authorizing the City Manager or his designee to execute the Lease and take such further actions as may be necessary or appropriate regarding the terms of the Lease.

BACKGROUND
On April 20, 2020, through Resolution 20-13765, City Council approved a Purchase and Sale agreement, and an Assignment and Assumption agreement by and between the City and Rose Clarke Winter (Winter) which assigned Winter’s lease with Lessee to the City. The Assignment and Assumption agreement expires March 31, 2022.

SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.
241

STAFF ANALYSIS
The Property is 1.58 acres that consists of a one-story commercial building and parking lot.

The Lease will be effective April 1, 2022 (Effective Date) and end on March 31, 2025 or the date of any termination in accordance with the provisions in the Lease.

Commencing on the Effective date, the base rent (Base Rent) will be Eight Thousand Two Hundred Forty Dollars ($8,240) per month. Base Rent will increase annually on each April 1st thereafter by three percent (3%) per annum over the Base Rent paid in the immediate prior year.

Year Monthly Rent
April 1, 2022 - March 31, 2023 $8,240
April 1, 2023 - March 31, 2024 $8,487
April 1, 2024 - March 31, 2025 $8,742
If Lessee elects to exercise the Option to Extend, Base Rent for the first year of the Lease extension term will be determined based on fair market value of similar leasable space in Pittsburg for the period commencing on April 1, 2025 then increasing by 3% per annum.

The Lease can be terminated, with or without cause, within 90 days written notice from either party. The City desires to lease the Property to the Lessee to be operated as a used car dealership and the Lessee desires to lease the Property from the City.

ATTACHMENTS: Resolution
Lease Agreement
Report Prepared By: Melaine Venenciano, Senior Administrative Analyst 242
1 LEASE AGREEMENT

BY AND BETWEEN

CITY OF PITTSBURG,

ROBERT CHUDY AND GUSTAVO ESPINOZA
THIS LEASE (“Agreement”) is dated as of __________, 2022 (the “Effective Date”) by and between the City of Pittsburg, a municipal corporation (“City”),Robert Chudy, an individual and Gustavo Espinoza, an individual, doing business together as Approved Auto Center of Pittsburg (“Lessee”). City and Lessee are collectively referred to in this Agreement as the “Parties”.

RECITALS
A. The City is the owner of the real property located at 2101 Railroad Avenue also known as Contra Costa County Assessor Parcel Number (APN) 088-171- 035 in the city of Pittsburg, as more particularly described in Exhibit A, attached hereto and incorporated herein by this reference (the “Property”).

B. The Property is 1.58 acres that consists of a one story commercial building and parking lot.

C. The City desires to lease the Property to the Lessee to be operated as a used car dealership (the “Business”) and the Lessee desires to lease the Property from the City.

NOW, THEREFORE, in consideration of the mutual covenants set forth herein, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

ARTICLE I
DEFINITIONS; INCORPORATION OF RECITALS; LEASE AND PRIOR RIGHTS

1.1 Definitions. For purposes of this Agreement, the following terms shall have the meanings set forth in this Section. Additional definitions are set forth in the Recitals and the text of this Agreement.
(a) “Applicable Laws” is defined in Section 4.3.
(b) “Base Rent” is defined in Section 2.3.1.
(c) “Business” is defined in Recital C.
243
(d) “Claims” is defined in Section 3.2.
(e) “Force Majeure” is defined in Section 14.1.
(f) “Hazardous Materials” is defined in Section 6.5.1.
(g) “Hazardous Materials Laws” is defined in Section 6.5.2. (h) “Impositions” is defined in Section 3.1.
(i) “Improvements” is defined in Section 4.1.
(j) “Indemnitees” is defined in Section 3.2.
(k) “Property” is defined in Recital A.
(l) “Security Deposit” is defined in Section 2.4.
(m) “Term” is defined in Section 2.2.

1.2 Incorporation of Recitals. The Parties acknowledge the truth of the Recitals set forth above, and all such Recitals are hereby incorporated into this Agreement.

1.3 Lease; Prior Rights. This Agreement is subject and subordinate to the prior and continuing rights and obligations of the City. This Agreement is made subject to all licenses, leases, easements, restrictions, conditions, covenants, encumbrances, liens, and claims of title that may affect the Property as of the Effective Date.

1.4. Condition of Property. The Lessee will lease the Property in its “AS IS” condition as such condition exists as of the Commencement Date. The Lessee acknowledges that except as expressly set forth herein, the City makes no representations or warranties expressed or implied regarding the condition of the Property or the fitness or suitability thereof for the Lessee’s purposes, including but not limited to, the condition of the soil, its geology, topography, the presence or absence of fill, the presence or absence of Hazardous Materials, drainage, flood zone designation, or compliance with Hazardous Materials Laws, and no patent or latent defect or deficiency in the condition of the Property shall affect the rights of the Lessee or the City hereunder. The Lessee shall rely solely on its own independent investigation and judgment as to all matters relating to the Property. The Lessee acknowledges and agrees that prior to the Effective Date it has made such investigations of the Property, including without limitation such inquiries of governmental agencies, soils testing, tests and inspections as Lessee deemed necessary to determine the condition of the Property, and has approved all such characteristics and conditions and shall lease the Property in its condition as of the Effective Date “AS-IS” “WHERE-IS” AND WITH ALL FAULTS. The Lessee further acknowledges that the City has made available all data and information on the Property available to the Lessee, but without warranty or representation by the City as to the completeness, correctness or validity of such data and information, except as otherwise set forth in this Lease.
244

1.5 Incorporation of Recitals. The Parties hereby acknowledge the truth of the Recitals set forth above, and such Recitals are hereby incorporated into this Agreement.

ARTICLE II
LEASE; TERM; RENT; SECURITY DEPOSIT

2.1 Agreement to Lease Property. Subject to, and upon, the terms and conditions set forth in this Agreement, the City hereby leases the Property to Lessee as of Effective Date and Lessee hereby leases the Property from the City. Lessee acknowledges that the City has made no representation or warranty regarding the condition of the Property, or the suitability or fitness of the Property for the Business except as specifically stated in this Agreement.

2.2 Term of Agreement. The term of this Agreement (“Term”) commences on the Effective Date and ends on March 31, 2025 or the date of any termination of the Agreement in accordance with the provisions hereof.

2.2.1 Option to Extend the Term; Notice. Provided the Lessee is in full conformance with the terms and conditions of this Agreement, the Lessee shall have one (1) option to extend the Term of this Agreement for five (5) years. To exercise the Option to Extend, the Lessee shall notify the Lessor in writing of Lessee's intent to exercise this option at least ninety (90) days prior to the termination date of the initial Term which is December 31, 2024.

2.2.2 Termination. Lessee may terminate this Agreement, with or without cause, at any time by giving 90 days written notice of termination to Lessor. Lessor may terminate this Agreement with or without cause, at any time by giving 90 days written notice of termination to Lessee.

2.3 Commencement of Rent. Lessee shall commence paying Base Rent on April 1, 2022 (the “Commencement Date”). If the Commencement Date is not the first day of the month, Lessee shall pay pro-rata Base Rent (as defined below) calculated based on the number of days of occupancy of Lessee for that month.

2.3.1 Base Rent. Commencing on the Commencement Date, Lessee shall pay base rent (“Base Rent”), without deduction, offset, prior notice or demand in the amount of Eight Thousand Two Hundred Forty Dollars ($8,240.00) per month. Base Rent will increase annually on each April 1 thereafter by three percent (3%) per annum over the Base Rent paid in the immediate prior year.

Year Monthly Rent
April 1, 2022 - March 31, 2023 $ 8,240
245
April 1, 2023 - March 31, 2024 $ 8,487
April 1, 2024 - March 31, 2025 $ 8,742

2.3.2 Rent Adjustment. If Lessee elects to exercise its Option to Extend the Term in accordance to Section 2.2.1, Base Rent for the first year of the Lease Extension Term will be determined based on fair market value of similar leasable space in Pittsburg for the period commencing on April 1, 2025 increasing by 3% per annum over the Base Rent paid in the immediate prior year.

2.3.3 Additional Rent. As additional rent, Lessee shall pay and discharge when due, all Impositions described in Article III, all insurance premiums, all utility costs paid by the City for the Property including but not limited to water, all City fees and charges and all other liabilities and obligations Lessee assumes or agrees to pay or undertake pursuant to this Agreement (the “Additional Rent”).

2.3.4 Base Rent and Additional Rent are collectively referred to herein as “Rent.”

2.3.5 Payment of Rent. Rent is due and payable on the first day of each month to the City at the address shown in Section 14.4.2 or such other place as the City may designate in writing.

2.4 Security Deposit. A security deposit in the amount of Six Thousand Dollars ($6,000.00) (the “Security Deposit”) was transferred and received by the City through the Assignment and Assumption Agreement executed in conjunction with the City’s purchase of the Property as recorded in the Contra Costa County under Doc-2020- 09848 on May 26, 2020. Provided that Lessee is not in default under this Agreement, the City shall return the Security Deposit to Lessee upon termination of this Agreement.

The City has no obligation to pay or earn interest on the Security Deposit.

2.4.1 Use of Security Deposit. If Lessee is in default with respect to any provision of this Agreement, the City may, but has no obligation to, use the Security Deposit or any portion of the Security Deposit to cure such default or to compensate the City for any damage or reasonable expense sustained by the City and resulting from such default, but only after providing Lessee with an opportunity to cure such default pursuant to the provisions of Section 13.2. The City shall provide Lessee with evidence of damages incurred as a result of a default by Lessee. If this Agreement has not been terminated as a result of such default, Lessee, on demand from the City, shall promptly restore the Security Deposit to the full amount required under Section 2.4.

2.5 Triple Net Lease. This is a triple net lease to the City. It is the intent of the Parties that the Rent shall be an absolutely net return to the City and that Lessee shall pay all costs and expenses relating to the Property of any kind or nature whatsoever.

Such costs and expenses shall include, without limitation, all amounts attributable to, paid or incurred in connection with the ownership, operation, repair, restoration, 246
maintenance and management of the Property; real property taxes; rent taxes; gross receipt taxes (whether assessed against the City or assessed against Lessee and collected by the City, or both); water and sewer charges; insurance premiums; utilities; refuse disposal; lighting (including outside lighting); fire detection systems including monitoring, maintenance and repair; security; janitorial services; labor; air-conditioning and heating; maintenance and repair costs and service contracts; costs of licenses, permits and inspections; and all other costs and expenses paid or incurred with respect to the Property.

2.6 Late Fee. Lessee hereby acknowledges that late payment by the Lessee to City of Rent will cause City to incur costs not contemplated by thisAgreement, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, personnel costs, and late charges which may be imposed on City by the terms of any mortgage or trust deed covering the Property. Accordingly, if any installment of Rent due from the Lessee is not received by City on the date such installment of Rent is due, Lessee shall pay to City a late charge equal to ten percent (10%) of such overdue Rent. City and Lessee hereby agree that such late charge represents a fair and reasonable estimated of the cost City shall incur by reason of late payment by Lessee. Acceptance of such late charge by City shall in no event constitute a waiver of Lessee’s default by with respect to such overdue amount.

ARTICLE III

TAXES, ASSESSMENTS AND OTHER CHARGES

3.1 Impositions. Throughout the Term, Lessee shall pay prior to delinquency, all real property taxes, possessory interest taxes, license and permit fees, sales, use or occupancy taxes, assessments whether general or special, ordinary or extraordinary, unforeseen, as well as foreseen, of any kind or nature whatsoever, pertaining to the Property or part thereof, including, but not limited to (i) any assessment, levy, imposition or charge in lieu of or in substitution for real estate taxes, and (ii) any assessment for public improvements or benefits which is assessed, levied, or imposed upon or which becomes due and payable and a lien upon (a) the Property or any part thereof or any personal property, equipment or other facility used in the operation thereof, (b) the rent or income received by Lessee from sublessees or licensees, (c) any use or occupancy of the Property or part thereof, or (d) this transaction or any document to which Lessee is a party creating or transferring an estate or interest in the Property or part thereof. All of the foregoing are hereinafter referred to as “Impositions.”

3.1.1 Installments. If by law any Imposition is payable, or may at the option of the taxpayer be paid in installments (whether or not interest shall accrue on the unpaid balance of such Imposition), Lessee may pay the same together with any accrued interest on the unpaid balance of such Imposition in installments as the same respectively become due and before any fine or penalty may be added thereto for the nonpayment of any such installment and interest. Any Impositions relating to tax years that are only partially included in the Term of this Agreement shall be prorated between Lessee and the City.
247

3.1.2 Evidence of Payment. Upon request by the City, Lessee shall furnish, in form satisfactory to the City, evidence of payment prior to delinquency of all Impositions payable by Lessee.

3.2 Lessee Right to Contest. Lessee has the right before any delinquency occurs to contest or object to the amount or validity of any Imposition by appropriate legal proceedings, but such right may not be deemed or construed in any way as relieving, modifying or extending the covenant to pay of Lessee any such Imposition at the time and in the manner required by law. Any such contest shall be conducted in accordance with and subject to the requirements of all Applicable Laws (as defined in Section 4.3) and otherwise in a manner that does not subject the City’s title to the Property to foreclosure or forfeiture. Lessee shall indemnify, defend, and hold the City and its elected and appointed officers, officials, employees, agents and representatives (all of the foregoing, collectively the “Indemnitees”) harmless from and against all liabilities, losses, damages, fines, deficiencies, penalties, claims, demands, suits, actions, causes of action, legal or administrative proceedings, judgments, costs and expenses (including without limitation reasonable attorneys’ fees and court costs) (all of the foregoing, collectively “Claims”) arising as a result of or in connection with any such contest brought by Lessee. During any contest of an Imposition, Lessee shall (by payment of disputed sums, if necessary) prevent any advertisement of tax sale, foreclosure of, or any divesting of the City’s title, reversion or other interest in the Property. Upon final determination of the amount or validity of any Imposition contested pursuant to this Section 3.2, Lessee shall immediately pay such Imposition and all costs and expenses relating to such challenge.

3.3 Lessee Duty to File. Lessee has the duty of making or filing any declaration, statement or report which may be necessary or advisable in connection with the determination, equalization, reduction or payment of any Imposition which is or which may become payable by Lessee under the provisions of this Article III, and shall notify the City in writing upon making such filing, declaration, statement or report, and the City is not be responsible for the contents of any such declaration, statement or report; provided however, the City shall cooperate with Lessee in connection with the foregoing, including joinder in any application pertaining thereto to the extent required under Applicable Law, all at no cost to the City.

ARTICLE IV

ALTERATIONS AND NEW CONSTRUCTION

4.1 Changes and Alterations. During the Term of this Agreement, Lessee shall not make any change, alteration or addition to the Property (collectively, the “Improvements”) that would materially alter the function or exterior appearance of the Property, other than the Lessee Improvements defined and described in Article VII of this Agreement, without the prior written consent of the City. Except as otherwise set forth in this Agreement, all Improvements may be made at the sole cost and expense of Lessee and must comply with all of the following:
248
(a) The Improvements may not materially impair the value or structural integrity of the Property.
(b) The Improvements may be necessary for the operation of the Business. (c) No Improvements may be undertaken until Lessee has obtained all required permits and authorizations of any federal, state or local government or departments or subdivisions of any of them, having jurisdiction. (d) The Improvements must be made in a good and workmanlike manner and in accordance with all applicable permits and all Applicable Laws. (e) During the construction of any Improvements in, to or of, the Property, or the permitted demolition or new construction or any restoration, Lessee shall comply with the insurance requirements set forth in Section 8.2, which policy or policies by endorsement thereto, if not then covered, will also insure any change, alteration or addition or new construction, including all materials and equipment incorporated in, on or about the Property.
(f) Prior to commencement of any construction, change, alteration or repair, Lessee shall deliver to the City not later than ten (10) business days written notice of the proposed work, a general description of the proposed work and sufficient information to permit the City to post a notice of nonresponsibility on the Property.

4.2 No Right to Demolish. Notwithstanding any other provisions of this Article IV, Lessee shall have no right to demolish the Improvements, once built, unless Lessee shall have received the prior written approval of the City.

4.3 Compliance with Laws. Lessee shall carry out the construction of the Improvements in conformity with all applicable state and federal laws and regulations, including without limitation, all applicable state and federal labor laws and standards, and all applicable disabled and handicapped access requirements, including without limitation, the Americans with Disabilities Act, 42 U.S.C. Section 12101, et seq ., California Government Code Section 4450, et seq., California Government Code Section 11135, et seq., and the Unruh Civil Rights Act, California Civil Code Section 51, et seq. Lessee shall comply with all City ordinances and regulations relating to the conduct of construction, including without limitation, all City ordinances and regulations relating to noise, construction hours, and maintenance of the construction site. All of the foregoing state, federal and local laws, regulations and ordinances are hereafter referred to as the “Applicable Laws.”

4.4 Rights of Access. The City has the right of access to the Property during normal construction hours for purposes of assuring compliance with this Agreement, so long as the City complies with all safety rules and does not unreasonably interfere with the progress of construction of the Improvements. The City shall give Lessee reasonable advance notice prior to exercising its rights pursuant to this Section 4.4 except in the event of emergency in which case notice shall not be required. 249

4.5 Indemnity. To the fullest extent allowed by law, Lessee shall defend (with counsel reasonably acceptable to the City), indemnify and hold harmless the Indemnitees from and against any and all present and future Claims arising during the term of this Agreement from or in connection with the failure to comply with all Applicable Laws relating to the operation or maintenance of the Property or the Improvements by Lessee, or the activities or performance of Lessee under this Agreement, whether such activity or performance is by Lessee or by anyone directly or indirectly employed by or contracted with by Lessee and whether such Claim shall be discovered before or after termination of the Agreement. The indemnity obligations of Lessee under this Section 4.5 do not extend to Claims to the extent they arise as a result of the Indemnitees’ gross negligence or willful misconduct.

At its sole discretion, the City may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve Lessee of any obligation imposed by this Agreement. The City shall notify Lessee promptly of any claim, action or proceeding and cooperate fully in its defense.

4.6 Mechanic’s Liens. Subject to the right to contest the same prior to payment, Lessee agrees to keep the Property free and clear of all mechanics’ liens and other liens on account of work done by or for a Party. Lessee shall indemnify, defend (with counsel reasonably acceptable to the City) and hold the Indemnitees harmless from and against all liability, loss, damages, costs and expenses (including reasonable attorney’s fees) incurred by or brought against the City for claims of lien of laborers or materialmen or others for work performed or materials or supplies furnished to the City or persons claiming under it. In the event any lien is recorded, Lessee shall, within twenty (20) days following such recordation, cause such lien to be removed of record by bonding or otherwise.

ARTICLE V

MANAGEMENT, USE AND OPERATION OF THE PROPERTY

5.1 Permitted Uses. Lessee may use the Property, with proper permits and license, for the operation of the Business and for no other purposes without the prior written consent of the City. Lessee shall not use or permit the Property to be used in whole or in part during the Term for any purpose other than as permitted pursuant to this Agreement or by the written consent of the City.

5.2 Nondiscrimination. 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, use, occupancy, tenure or enjoyment of the Property herein leased nor shall Lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of 250
discrimination or segregation with reference to the selection of employees or vendees in the Property herein leased.

5.3 Maintenance and Inspection of the Property.

5.3.1 Maintenance. At the sole cost and expense of Lessee throughout the Term, Lessee shall operate, maintain and manage the Property including all equipment, landscaping and improvements thereon in good order and repair and in neat, clean sanitary and safe condition in compliance with all local, state and federal laws, statutes and regulations relating to the use, occupancy or operation of the Property. Lessee shall ensure that the Property is served by adequate lighting in accordance with applicable building codes. Lessee shall promptly, at the sole cost and expense of Lessee, make all necessary repairs, including replacements or renewals when necessary, and all such repairs shall be at least equal in quality to the original work, reasonable wear and tear accepted. Lessee shall keep and maintain all portions of the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, and graffiti. The failure of Lessee to maintain the Property in accordance with this Agreement shall, in the City’s discretion, be grounds for termination of this Agreement pursuant to Article IX.

5.3.2 Inspection. At any time during the Term, upon reasonable advance notice and during normal business hours, the City may conduct interior and/or exterior inspections of the Property to confirm that it is being properly maintained as required herein. Following its inspection, the City may deliver to Lessee written notification of any portions of the Property which the City has determined are not being properly maintained, and Lessee shall promptly prepare and deliver to the City the proposed plan for remedying the indicated deficiencies of Lessee. The failure of Lessee to deliver a remedial plan and to complete remedial work within a reasonable time as determined by the City in its reasonable discretion shall be a default under this Agreement pursuant to Article IX.

The failure of the City to inspect or to notify Lessee of any deficiency shall not be a waiver of default or of the City’s right to enforce the maintenance and repair obligations of Lessee. Lessee shall defend (with counsel reasonably acceptable to the City), indemnify and hold the Indemnitees harmless from and against any and all Claims arising out of the failure of Lessee to fully and timely fulfill its obligations to maintain and repair the Property as required hereunder.

5.4 City’s Right to Perform Lessee Obligations. If following notice and the expiration of any applicable cure period as set forth in Section 13.2.1, Lessee fails to perform its obligations to maintain the Property in accordance with the standards set forth in this Agreement, the City shall have the right, but not the obligation, to perform such work upon delivery of written notice to Lessee, and Lessee shall reimburse the City for all expenditures the City incurs in connection with such work together with interest thereon at the Default Rate specified in Article XIII. The City’s election to undertake such obligation shall not operate as a waiver of any other right or remedy the City may have pursuant to this Agreement.
251

5.5 City Not Obligated to Perform Repairs. Notwithstanding any contrary provision herein, the City shall not be obligated to make any repairs, alterations, additions, improvements or betterments to the Property during the term of this Agreement nor shall the City be obligated to maintain the Property.

5.6 Compliance with Laws. Lessee, at its sole cost and expense, shall comply with all Applicable Laws pertaining to the use, operation, and management of the Property.

Lessee shall not itself use the Property for any unlawful purpose or perform, permit or suffer any act of omission or commission upon which would result in a nuisance or a violation of law. Lessee shall use its best efforts to not permit any permittees, licensees, guests or invitees to use the Property for any unlawful purpose or perform, permit or suffer any act of omission or commission which would result in a nuisance or a violation of law.

5.7 Lessee Right to Contest. Lessee shall have the right to contest by appropriate proceedings, in the name of Lessee, and without cost or expense to the City, the validity or application of any Applicable Law. If compliance with any Applicable Law may legally be delayed pending the prosecution of any such proceeding without the incurrence of any lien, charge or liability against the Property or the interest of Lessee therein, and without subjecting Lessee or the City to any liability, civil or criminal, for failure so to comply therewith, Lessee may delay compliance therewith until the final determination of such proceeding. Lessee shall indemnify, defend (with counsel approved by the City), protect and hold the Indemnitees harmless from and against all Claims arising in connection with any such contest brought by Lessee. The foregoing indemnity obligation shall survive the expiration or earlier termination of this Agreement.

5.8 Maintenance of Licenses and Permits; Legal Compliance. Lessee will, and will cause the Business, to preserve and maintain the existence of their respective licenses, rights, franchises and privileges in the jurisdiction of their formation and all authorizations, consents, approvals, orders, licenses, permits, or exemptions from or registrations with, any governmental agency that are necessary for the transaction of business. Lessee agrees to comply with all federal, state and local rules, statutes, ordinances and laws which apply to the conduct of its business activities and the construction, improvement and maintenance of its property. Lessee further agrees to notify City in writing within 10 days of its receipt of service or notice in any administrative or judicial proceeding in which Lessee is named as a party that is related to the occupation or use of the Property, or that is related to the licensing of Lessee or any guarantor, including any petitions, complaints or administrative proceedings to amend, modify, counsel, revoke, diminish or otherwise affect any licenses or authorities currently granted to, or in the possession of, Lessee including, but not limited to, business licenses. All repairs and Improvements to the Property must be performed by licensed and bonded contractors.

ARTICLE VI
CONDITION OF THE PROPERTY; ENVIRONMENTAL MATTERS

6.1 Condition of the Property.
252

6.1.1 AS-IS Condition. Lessee will lease the Property in its “AS IS” condition as such condition exists as of the Effective Date.

6.1.2 No Representations. Lessee acknowledges that except as expressly set forth herein, the City makes no representations or warranties expressed or implied regarding the condition of the Property or the fitness or suitability thereof for the purposes of Lessee, including but not limited to, the condition of the soil, its geology, topography, the presence or absence of fill, the presence or absence of Hazardous Materials, drainage, flood zone designation, or compliance with Hazardous Materials Laws, and no patent or latent defect or deficiency in the condition of the Property shall affect the rights of Lessee or the City hereunder. Lessee shall rely solely on its own independent investigation and judgment as to all matters relating to the Property.

Lessee acknowledges and agrees that prior to the Effective Date it has made such investigations of the Property, including without limitation such inquiries of governmental agencies, soils testing, tests and inspections as Lessee deemed necessary to determine the condition of the Property, and has approved all such characteristics and conditions and shall lease the Property in its condition as of the Effective Date “AS-IS” “WHERE-IS” AND WITH ALL FAULTS. Lessee further acknowledges that the City has made available all data and information on the Property available to the City, but without warranty or representation by the City as to the completeness, correctness or validity of such data and information, except as otherwise set forth in this Agreement.

6.2 Lessee’s Covenants. Lessee hereby covenants and agrees that throughout the Term:
(a) The Property, and the use and operation thereof, shall be in compliance with all Hazardous Materials Laws, and Lessee shall not cause or permit the Property or any portion thereof to be in violation of any Hazardous Materials Laws. (b) Lessee shall not permit the Property or any portion thereof to be a site for the use, generation, treatment, manufacture, storage, disposal or transportation of Hazardous Materials nor shall Lessee permit the presence or release of Hazardous Materials in, on, under, about or from the Property with the exception of materials customarily used in construction, operation, use or maintenance of Business facilities, provided such materials are used, stored and disposed of in compliance with Hazardous Materials Laws.
(c) Upon receiving knowledge of the same, Lessee shall immediately advise the City in writing of: (i) any and all enforcement, cleanup, removal or other governmental or regulatory actions instituted, completed or threatened against Lessee or the Property pursuant to any applicable Hazardous Materials Laws; (ii) any and all complaints, claims, citations, demands, inquiries, reports, or notices made or threatened by any third party against Lessee, the Property relating to damage, contribution, cost recovery, compensation, loss or injury resulting from any Hazardous Materials; (iii) the presence or release of any Hazardous Materials in, on, under, about or from the Property; or (iv) the discovery of any occurrence or condition, by Lessee, on any real property adjoining or in the vicinity of the Property classified as "Border Zone Property" 253
under the provisions of former California Health and Safety Code, Sections 25220 et seq., or any regulation adopted in connection therewith, that may in any way affect the Property pursuant to any Hazardous Materials Laws or cause it or any part thereof to be designated as Border Zone Property. The matters set forth in the foregoing clauses (i) through (iv) are hereinafter referred to as “Hazardous Materials Claims.” The City shall have the right to join and participate in, as a party if it so elects, any legal proceedings or actions initiated in connection with any Hazardous Materials Claim, and to have its reasonable attorney's fees in connection therewith paid by Lessee. (d) Without the City’s prior written consent, which shall not be unreasonably withheld, Lessee shall not take any remedial action in response to the presence of any Hazardous Materials in, on, under, or about the Property (other than in emergency situations or as required by governmental agencies having jurisdiction in which case the City agrees to provide its consent), nor enter into any settlement agreement, consent decree, or other compromise with respect to any Hazardous Materials Claim. (e) If the presence of any Hazardous Material on the Property results in any contamination in violation of Hazardous Materials Laws, except to the extent such contamination is caused by the City, Lessee shall promptly take all actions at its sole expense as are necessary to remediate the Property as required by law; provided that Lessee first obtains City approval of such actions, which approval may be withheld in the City’s reasonable discretion. All costs and expenses of any Remedial Work shall be paid by Lessee, it being understood that the City shall incur no cost, expense or liability in connection with any Remedial Work. The City shall have the right, but no obligation, to join and participate in, as a party if it so elects at the City’s cost, any legal proceedings or actions initiated in connection with any Hazardous Material Claims. For purposes of this Agreement, “Remedial Work ” means all investigation, testing, analysis, monitoring, restoration, abatement, detoxification, containment, handling, treatment, removal, storage, decontamination, clean-up, transport, disposal or other ameliorative work or response action required by (i) any Hazardous Materials Laws, (ii) any order or request of any federal, state or local governmental agency, or (iii) any judgment, consent decree, settlement or compromise with respect to any and all enforcement, clean-up, removal, remedial or other governmental or regulatory actions or agreements or orders threatened, instituted, or completed pursuant to any Hazardous Materials Laws or any actions, proceedings or claims by such entities or third parties relating to or arising out of the breach of any Hazardous Materials Laws or the presence or release of any Hazardous Material in, on, under or from the Property.

6.3 Release of Claims. Lessee hereby waives, releases and discharges forever the Indemnitees from all present and future Claims Lessee may have arising directly or indirectly from the presence or alleged presence of Hazardous Materials on, under, in or about the Property.

Lessee is aware of and familiar with the provisions of Section 1542 of the California Civil Code which provides:
254

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE

CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT

THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

As such relates to this Section 6.3, Lessee hereby waives and relinquishes all rights and benefits which it may have under Section 1542 of the California Civil Code. ______________
Lessee Initials

6.4 Environmental Indemnity. Lessee shall indemnify, defend (with counsel reasonably acceptable to the City) and hold the Indemnitees harmless from and against all Claims arising during the Term and resulting, arising, or based directly or indirectly in whole or in part, upon (i) the presence, release, use, generation, discharge, transport, storage or disposal of any Hazardous Materials on, under, in or about, or the transportation of any such Hazardous Materials to or from the Property during the Term, (ii) the failure of Lessee, or the employees, agents, contractors, subcontractors, licensees, permittees, or any person acting on behalf of any of Lessee to comply with Hazardous Materials Laws, or (iii) the breach by Lessee of any of its covenants contained in this Article VI. The foregoing indemnity shall further apply to any residual contamination in, on, under or about the Property or affecting any natural resources, and to any contamination of any property or natural resources arising in connection with the generation, use, handling, treatment, storage, transport or disposal of any such Hazardous Materials, and irrespective of whether any of such activities were or will be undertaken in accordance with Hazardous Materials Laws and shall include, without limitation, any Claims arising in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work ordered by a court or required by any federal, state, or local governmental agency or political subdivision. This Section

6.4 shall survive the expiration or earlier termination of this Agreement.

6.5 Definitions.

6.5.1 Hazardous Materials. As used herein, “Hazardous Materials” means any substance, material, or waste which is or becomes regulated by any local, state or federal authority, agency or governmental body, including any material or substance which is: (i) defined as a “hazardous waste,” “extremely hazardous waste,” or “restricted hazardous waste” under Sections 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law); (ii) defined as a “hazardous substance” under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter- Presley-Tanner Hazardous Substance Account Act); (iii) defined as a “hazardous material,” “hazardous substance,” or “hazardous waste” under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory); (iv) defined as a “hazardous substance” under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances); (v) petroleum; (vi) friable asbestos; 255
(vii) polychlorinated biphenyls; (viii) listed under Article 9 or defined as “hazardous” or “extremely hazardous” pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20; (ix) designated as “hazardous substances” pursuant to Section 311 of the Clean Water Act (33 U.S.C. §1317); (x) defined as a “hazardous waste” pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. §6901, et seq. (42 U.S.C. §6903); or (xi) defined as “hazardous substances” pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §9601, et seq., as the foregoing statutes and regulations now exist or may hereafter be amended.

6.5.2 Hazardous Materials Laws. As used herein “Hazardous Materials Laws” means all federal, state and local laws, ordinances, regulations, orders and directives pertaining to Hazardous Materials, including without limitation, the laws, statutes and regulations cited in the preceding Section 6.5.1, as any of the foregoing may be amended from time to time.

ARTICLE VII

TENANT IMPROVEMENTS

7.1 Construction of Tenant Improvements. Subject to construction in compliance with the provisions of Article IV of this Agreement, Lessee must receive written approval from the City prior to the construction of any improvements, changes, utility installations and alterations (the “Tenant Improvements”) that affect the Property. Prior to expending any funds for the acquisition, installation and/or construction of any Tenant Improvements, Lessee hereby agrees to submit to City the plans, specifications, bid(s), and cost estimates for the undertaking of the Tenant Improvements.

7.2 Prevailing Wages. To the full extent required by all applicable state and federal laws, rules and regulations, if any, Lessee and its contractors and agents shall comply with California Labor Code Section 1720 et seq. and the regulations adopted pursuant thereto (“Prevailing Wage Laws”), and are responsible for carrying out the requirements of such provisions. If applicable, Lessee shall submit to City a plan for monitoring payment of prevailing wages and shall implement such plan at the sole expense of Lessee.

Lessee shall indemnify, defend (with counsel approved by City) and hold the Indemnitees harmless from and against all Claims which directly or indirectly, in whole or in part, are caused by, arise in connection with, result from, relate to, or are alleged to be caused by, arise in connection with, or relate to, the payment or requirement of payment of prevailing wages (including without limitation, all claims that may be made by contractors, subcontractors or other third party claimants pursuant to Labor Code Sections 1726 and 1781) or the requirement of competitive bidding in the construction of the Tenant Improvements, the failure to comply with any state or federal labor laws, regulations or standards in connection with this Agreement, including but not limited to the Prevailing Wage Laws, or any act or omission of Lessee related to this Agreement with respect to the payment or requirement of payment of prevailing wages or the requirement of competitive bidding, whether or not any insurance policies shall have 256
been determined to be applicable to any such Claims. It is further agreed that City does not and will not waive any rights against Lessee that they may have by reason of this indemnity and hold harmless agreement because of the acceptance by City, or deposit by Lessee to City of any of the insurance policies described in this Agreement. The provisions of this Section 7.2 survive the expiration or earlier termination of this Agreement. The indemnification obligations of Lessee as set forth in this Section shall not apply to Claims arising from the gross negligence or willful misconduct of the Indemnitees.

ARTICLE VIII

INDEMNITY AND INSURANCE

8.1 Indemnity. To the fullest extent permitted by law, Lessee shall indemnify, defend (with counsel reasonably acceptable to the City) and hold the Indemnitees harmless from and against any and all Claims arising during the Term and arising from or in connection with any of the following: (i) the operation or management of the Property, (ii) any work or thing done on or in the Property, (iii) any condition of any alteration or addition constructed by Lessee on the Property, (iv) any breach or default by Lessee in the performance of any covenant or agreement to be performed by Lessee pursuant to the terms of this Agreement, (v) any negligence of Lessee, or any of its agents, contractors, subcontractors, employees, or licensees, (vi) any accident, injury or damage caused to any person occurring during the Term in or on the Property, and (vii) the furnishing of labor or materials by Lessee or its contractors, subcontractors, employees, or agents. In the event any such action or proceeding is brought against the City by reason of any such Claim, Lessee, upon notice from the City, covenants to defend such action or proceeding by counsel reasonably satisfactory to the City. If an insurer under insurance required to be maintained by Lessee hereunder shall undertake to defend the City under a reservation of rights with respect to ultimate coverage and the City shall reasonably deem it necessary to retain independent counsel with respect to such matter, Lessee shall pay the reasonable fees of such counsel. The obligations of Lessee under this Article VIII do not apply to any Claim or other matter to the extent such arises as a result of the gross negligence or willful misconduct of the Indemnitees.

This Section shall survive the expiration or earlier termination of this Agreement.

8.2 Insurance Requirements. Lessee shall procure, at its sole expense, and maintain in full force and effect during the Term, the following insurance naming the City as additional insured and/or loss payee:
a. Comprehensive General Liability insurance against claims for bodily and personal injury, death and property damage caused by or occurring in conjunction with the operation of the Property and the Business with a policy limit of at least Two Million Dollars ($2,000,000) per occurrence.
b. Workers’ compensation insurance that complies with the statutory requirements of the State of California.
257
c. Automobile liability insurance for owned, hired and non-owned vehicles, with a combined single limit of at least One Million Dollars ($1,000,000).

If Lessee undertakes the construction of the Tenant Improvements pursuant to Article VII, Lessee shall ensure that its general contractor carries liability, property damage, workers’ compensation, and builder’s risk insurance throughout construction of the Tenant Improvements, naming the Indemnitees as additional insureds and otherwise in compliance with all requirements set forth in this Section 8.2.

ARTICLE IX

DAMAGE AND DESTRUCTION

9.1 Damage or Destruction. In the event of any damage to or destruction of the Property during the Term, the City shall elect by written notice delivered to Lessee within sixty (60) days following the date of the occurrence of the damage to either remove or restore and rebuild the Property as nearly as possible to the condition immediately prior to such damage or destruction, subject to any restrictions imposed by changes in any Applicable Law. If the City elects to restore the Property, the City shall commence diligently and continuously to carry out such rebuilding to full completion as soon as possible and shall commence reconstruction of the Property within the earlier of ninety (90) days following the date of occurrence of the damage or the date upon which insurance proceeds are made available for such work. Upon the occurrence of damage or destruction, all insurance proceeds paid in respect of such damage or destruction shall be applied to the payment of the costs of the restoration and rebuilding required to be performed by the City pursuant to this Agreement. If the City does not elect to restore the Property and the City does not exercise its right to terminate this Agreement pursuant to Section 13.3 within one hundred twenty (120) days following the date of the occurrence of the damage, then at the City’s option this Agreement will terminate upon delivery of written notice to Lessee. If the City elects to restore the Property, the City shall confer with Lessee regarding the design and plans for such restoration of the Property.

9.2 Notice Required. In the event of material damage to or destruction of the Property, or any part thereof, Lessee shall promptly give the City notice of such occurrence and take all actions reasonably required to protect against hazards caused by such damage or destruction. For purposes of this Article IX, damage or destruction shall be deemed to be material if the estimated cost to repair equals or exceeds Fifty Thousand Dollars ($50,000).

9.3 City’s Right to Terminate. Notwithstanding any contrary provision of this Article IX, the City has the option to terminate this Agreement and be relieved of the obligation to restore the Property where all or substantially all of the Property are substantially damaged or destroyed and such damage or destruction resulted from a cause not insured against by Lessee and/or the City nor required to be insured against by Lessee and/or the City under this Agreement.
258

ARTICLE X
LANDLORD’S RIGHT TO PERFORM LESSEE’S COVENANTS

10.1 Landlord’s Rights. If Lessee fails at any time to pay any Imposition or other charge payable by Lessee to a third party as required under this Agreement, or to comply with the requirements set forth in Section 8.2 pertaining to insurance, or to make any other payment or perform any other act on its part to be made or performed hereunder within the time permitted by this Agreement, then the City, after thirty (30) days’ written notice to Lessee and without waiving or releasing Lessee from any obligation of Lessee hereunder, may (but is not required to): (i) pay such Imposition or other charge payable by Lessee; (ii) pay for and maintain the insurance policies required pursuant to this Agreement, or (iii) make such other payment or perform such other act on the part of Lessee to be made or performed under this Agreement; and the City may enter upon the Property for such purpose and take all such action thereon as may be reasonably necessary therefor.

All sums paid by the City and all costs and expenses incurred by the City in connection with any such payment or the performance of any such act (together with interest thereon at the Default Rate from the respective dates of the City’s making of each such payment) shall constitute additional Rent payable by Lessee under this Agreement and shall be paid by Lessee to the City on demand. The “Default Rate” shall mean interest calculated at an annual rate equal to the lesser of twelve percent (12%) or the maximum rate of interest permitted by law.

ARTICLE XI

MORTGAGES

11.1 Non-Subordination of Fee. The City will not subordinate its leasehold interest in the Property or its right to rent payments hereunder or any other right of the City under this Agreement. Except as expressly set forth in this Agreement, Lessee may not mortgage its interest in the Property. Notwithstanding anything to the contrary, the City has no obligation to encumber or otherwise subordinate its fee interest in the Property to Lessee.

ARTICLE XII
ASSIGNMENT, TRANSFER, SUBLETTING; NONDISTURBANCE AND

ATTORNMENT

12.1 Restrictions on Transfer, Assignment and Encumbrance. Lessee has no right to sell, transfer, sublet, assign, encumber, hypothecate or otherwise convey (“Transfer”) its leasehold interest hereunder or any portion of its interest in the Property, the fixtures, any Improvements or this Agreement voluntarily, involuntarily, by operation of law, or otherwise.

12.2 No Involuntary Transfers. No interest of Lessee in this Agreement, the Property or part thereof is assignable or transferable: (i) pursuant to any voluntary or involuntary proceeding under federal or state bankruptcy or insolvency law; (ii) pursuant to any 259
assignment of the assets of Lessee for the benefit of its creditors; or (iii) pursuant to any order of attachment, garnishment, receivership, or similar action.

Any transfer described in this Section 12.2 constitutes an Event of Default under this Agreement by Lessee, and City has the right to terminate this Agreement pursuant to Article XIII as a result of any such transfer taking place, in which case this Agreement shall not be treated as an asset of Lessee.

12.3 Nondisturbance. Provided that Lessee is not in default under this Agreement, the possession, use and enjoyment of the Property by Lessee will not be interfered with, disturbed or diminished, or otherwise affected in any manner as a result of any act or omission of City, or any exercise of any remedies under this Agreement.

ARTICLE XIII

DEFAULT, REMEDIES AND TERMINATION

13.1 Event of Default. Lessee will be in default under this Agreement upon the occurrence of any of the following events of default (each, an “Event of Default”):
(a) Payment of Base Rent. Lessee fails to pay Base Rent when due and Lessee fails to cure such default within three (3) business days; (b) Other Monetary Obligations. Lessee at any time is in default hereunder as to any monetary obligation other than Base Rent (including without limitation, the obligation of Lessee to pay the City expenses and any taxes and assessments due on the Property or part thereof, subject to the right of Lessee to contest such charges pursuant to Section 3.2), and such default continues for 30 days after the date upon which the City shall have given Lessee a Notice of Default (as defined in Section

13.2.1);
(c) Insurance. Lessee fails to obtain and maintain any insurance required pursuant to Section 8.2 of this Agreement, and Lessee fails to cure such default within 10 days following receipt of Notice of Default;
(d) Abandonment. Lessee abandons the Property and ceases to use it for the purposes authorized hereby for a period of 90 days or more or as established pursuant to Section 1951.3 of the California Civil Code except when prevented by Force Majeure; (e) Transfer. A voluntary or involuntary Transfer of all or any portion of the Lessee hold interest of Lessee in this Agreement occurs in violation of the provisions of Article XII;
(f) Non-Monetary Obligations. Lessee defaults in the performance of any term, provision, covenant or agreement contained in this Agreement other than an obligation enumerated in this Section 13.1, and unless a shorter cure period is specified for such default, the default continues for 30 days after the date upon which the City has given written notice of the default to Lessee; provided however, if the default is of a nature that it cannot be cured within 30 days, an Event of Default shall not arise 260
hereunder if Lessee commences to cure the default within 30 days and thereafter prosecutes the curing of such default with due diligence and in good faith to completion and in no event later than one hundred and eighty (180) days after receipt of a Notice of Default;
(g) Bankruptcy. Lessee files a voluntary petition in bankruptcy or files any petition or answer seeking or acquiescing in any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief for itself under any present or future federal, state or other statute, law or regulation relating to bankruptcy, insolvency or other relief for debtors; or seeks or consents to or acquiesces in the appointment of any trustee, receiver or liquidator of Lessee or of all or any substantial part of its property, or of any or all of the royalties, revenues, rents, issues or profits thereof, or makes any general assignment for the benefit of creditors, or admits in writing its inability to pay its debts generally as they become due; (h) Reorganization. A court of competent jurisdiction enters an order, judgment or decree approving a petition filed against Lessee seeking any reorganization, dissolution or similar relief under any present or future federal, state or other statute, law or regulation relating to bankruptcy, insolvency or other relief for debtors, and such order, judgment or decree remains unvacated and unstayed for an aggregate of 60 days from the first date of entry thereof, or any trustee receiver or liquidator of Lessee or of all or any substantial part of its property, or of any or all of the royalties, revenues, rents, issues or profits thereof is appointed without the consent or acquiescence of Lessee and such appointment remains unvacated and unstayed for an aggregate of 60 days, such 60 day period to be extended in all cases during any period of a bona fide appeal diligently pursued by Lessee;
(i) Attachment. A writ of execution or attachment or any similar process is issued or levied against all or any part of the interest of Lessee in the Property and such execution, attachment or similar process is not released, bonded, satisfied, or vacated or stayed within 60 days after its entry or levy, such 60 day period to be extended during any period of a bona fide appeal diligently pursued by Lessee; (j) Liens. The failure of Lessee to satisfy the requirements of Section 4.6 within the time periods specified therein.

13.2 Notice and Opportunity to Cure.

13.2.1 Notice of Default. Upon the occurrence of a default hereunder, the non- defaulting party shall deliver a notice to the nonperforming party (the “Notice of Default”), stating the nature of the obligation which such nonperforming party has failed to perform, and stating the applicable period of time, if any, permitted to cure the default.

13.2.2 Failure to Give Notice; No Waiver. Failure to give, or delay in giving, the Notice of Default shall not constitute a waiver of any obligation, requirement or covenant required to be performed hereunder. No failure or delay by either party in asserting any 261
rights and remedies as to any breach shall operate as a waiver of any breach or of any such rights or remedies. Delay by either party in asserting any of its rights and remedies shall not deprive such party of the right to institute and maintain any action or proceeding which it may deem appropriate to protect, assert or enforce any such rights or remedies.

13.3 Remedies Upon Default.

13.3.1 City’s Remedies. Upon the occurrence of any Event of Default and in addition to any and all other rights or remedies of the City hereunder and/or provided by law, the City has the right to terminate this Agreement and the possessory rights of Lessee hereunder, in accordance with applicable law to re-enter the Property and take possession of the Property and of the fixtures and any Improvements, and except as otherwise provided herein, to remove all persons and property therefrom, and to store such property at the risk of Lessee and for the account of Lessee, and Lessee shall have no further claim thereon or hereunder. The City’s re-entry or taking of possession of the Property may not be construed as an election on the City’s part to terminate this Agreement unless the City has given written notice of such intention to Lessee. In no event shall this Agreement be treated as an asset of Lessee after any final adjudication in bankruptcy except at the City’s option so to treat the same but no trustee, receiver, or liquidator of Lessee shall have any right to disaffirm this Agreement.

13.3.2 Remedies Upon Abandonment. If Lessee should default under this Agreement and abandon the Property, the City may, at its option, enforce all of its rights and remedies under this Agreement, including the right to recover the rent as it becomes due hereunder. Additionally, the City is entitled to recover from Lessee all costs of maintenance and preservation of the Property, and all costs, including attorneys’ and receiver’s fees incurred in connection with the appointment of and performance by a receiver to protect the Property and the City’s interest under this Agreement.

13.3.3 City Right to Continue Agreement. In the event of any default under this Agreement by Lessee (and regardless of whether or not Lessee has abandoned the Property), this Agreement does not terminate (except by an exercise of the City’s right to terminate under Section 13.3.1) unless the City makes such election by the giving of any notice (including, without limitation, any notice preliminary or prerequisite to the bringing of legal proceedings in unlawful detainer) to terminate the right to possession held by Lessee. For so long as this Agreement continues in effect, the City may enforce all of the City’s rights and remedies under this Agreement, including, without limitation, the right to recover all Rent and other monetary payments as they become due hereunder. For the purposes of this Agreement, the following shall not constitute termination of the right to possession held by Lessee: (a) acts of maintenance or preservation or efforts to relet the Property; or (b) the appointment of a receiver upon initiative of the City to protect the City interest under this Agreement.

13.3.4 Right to Injunction; Specific Performance. In the event of a default by Lessee under this Agreement, the City shall have the right to commence an action 262
against Lessee for damages, injunction and/or specific performance. The failure, for any reason, of Lessee to comply with a court-ordered injunction or order for specific performance shall constitute a breach under this Agreement.

13.3.5 Right to Receiver. Following the occurrence of an Event of Default, if Lessee fails after receipt of a Notice of Default to cure the default within the time period set forth in this Agreement, the City, at its option, may have a receiver appointed to take possession of the interest of Lessee in the Property with power in the receiver (a) to administer the interest in the Property held by Lessee, (b) to collect all funds available in connection with the operation of the Property, and (c) to perform all other acts consistent with the obligations of Lessee under this Agreement, as the court deems proper.

13.4 Remedies Cumulative. No remedy specified in this Article XIII shall be considered exclusive of any other remedy, but the same shall be cumulative and shall be in addition to every other remedy provided hereunder or now or hereafter existing at law or in equity or by statute, and every power and remedy provided by this Agreement may be exercised from time to time and as often as occasion may arise or as may be deemed expedient, subject to any limitations set forth herein.

13.5 No Election of Remedies. The rights given in this Article XIII to receive, collect or sue for any rent or rents, moneys or payments, or to enforce the terms, provisions and conditions of this Agreement, or to prevent the breach or nonobservance thereof, or the exercise of any such right or of any other right or remedy hereunder or otherwise granted or arising, shall not in any way affect or impair or toll the right or power of the City upon the conditions and subject to the provisions in this Agreement to terminate the right of possession held by Lessee because of any default in or breach of any of the covenants, provisions or conditions of this Agreement beyond the applicable cure period.

13.6 Survival of Obligations. Nothing herein shall be deemed to affect the right of the City under Article VIII of this Agreement to indemnification for liability arising prior to the termination of this Agreement for personal injuries or property damage, nor shall anything herein be deemed to affect the right of the City to equitable relief where such relief is appropriate. No expiration or termination of the Term by operation of law, or otherwise, and no repossession of the Tenant Improvements or any part thereof shall relieve Lessee of its previously accrued liabilities and obligations hereunder, all of which shall survive such expiration, termination or repossession.

ARTICLE XIV

GENERAL PROVISIONS

14.1 Force Majeure; Extension of Times of Performance. Subject to the limitations set forth below, performance by either Party shall not be deemed to be in default, and all performance and other dates specified in this Agreement shall be extended where delays are due to: war, insurrection, strikes, lockouts, riots, floods, earthquakes, fires, casualties, acts of God, acts of the public enemy, epidemics, quarantine restrictions, 263
freight embargoes, governmental restrictions or priority, litigation, including court delays, unusually severe weather, acts or omissions of the other Party, acts or failures to act of any public or governmental agency or entity (other than the Parties which shall not excuse delay in performance), or any other cause beyond the affected Party’s reasonable control (all of the foregoing “Force Majeure”). An extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the Party claiming such extension is sent to the other Party within 30 days of the commencement of the cause and such extension is not rejected in writing by the other Party within 10 days of receipt of the notice. Neither Party shall unreasonably withhold consent to an extension of time pursuant to this Section.

Times of performance under this Agreement may also be extended in writing by the mutual agreement of Lessee and the City (acting in the discretion of its City Manager unless he or she determines in his or her discretion to refer such matter to the City Council). Each Party expressly assumes the risk of such adverse economic or market changes and/or financial inability, whether or not foreseeable as of the Effective Date.

14.2 City’s Right to Enter the Property. The City and its agents may enter the Property from time to time with reasonable notice, except in the case of emergency in which case no notice shall be required, to inspect the same, to post notices of nonresponsibility and similar notices, and to discharge the obligations of Lessee as stated hereunder when Lessee has failed to do so within a reasonable time after written notice from the City.

14.3 Representations of City and Lessee.

14.3.1 Lessee hereby represents and warrants that all of the following are true and correct as of the Effective Date:
(a) Lessee has taken all requisite action in connection with the execution of this Agreement and the undertaking of the obligations set forth herein.

This Agreement constitutes the legally valid and binding obligation of Lessee, enforceable against Lessee in accordance with its terms, except as it may be affected by bankruptcy, insolvency or similar laws or by legal or equitable principles relating to or limiting the rights of contracting parties generally; and (b) The execution of this Agreement and the acceptance of the obligations set forth herein do not violate any court order or ruling binding upon Lessee or any provision of any indenture, agreement or other instrument to which Lessee is a party or may be bound. Neither the entry into nor the performance of this Agreement will violate, be in conflict with or constitute a default under any charter, bylaw, partnership agreement, trust agreement, mortgage, deed of trust, indenture, contract, judgment, order or other agreement, charge, right or interest applicable to Lessee.

14.3.2 City hereby represents and warrants that all of the following are true and correct as of the Effective Date:
264
(a) The City has taken all requisite action in connection with the execution of this Agreement and the undertaking of the obligations set forth herein.

This Agreement constitutes the legally valid and binding obligation of the City, enforceable against the City in accordance with its terms, except as it may be affected by bankruptcy, insolvency or similar laws or by legal or equitable principles relating to or limiting the rights of contracting parties generally; and (b) The execution of this Agreement and the acceptance of the obligations set forth herein do not violate any court order or ruling binding upon the City or any provision of any indenture, agreement or other instrument to which the City is a party or may be bound. Neither the entry into nor the performance of this Agreement will violate, be in conflict with or constitute a default under any charter, bylaw, partnership agreement, trust agreement, mortgage, deed of trust, indenture, contract, judgment, order or other agreement, charge, right or interest applicable to the City.

14.4 Miscellaneous.

14.4.1 Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.

14.4.2 Notices. Except as otherwise specified herein, all notices to be sent pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other parties in accordance with this Section. All such notices shall be sent by:
(i) personal delivery, in which case notice is effective upon delivery; (ii) certified or registered mail, return receipt requested, in which case notice shall be deemed delivered on receipt if delivery is confirmed by a return receipt; (iii) nationally recognized overnight courier, with charges prepaid or charged to the sender’s account, in which case notice is effective on delivery if delivery is confirmed by the delivery service; or
(iv) facsimile transmission, in which case notice shall be deemed delivered upon transmittal, provided that (a) a duplicate copy of the notice is promptly delivered by first-class or certified mail or by overnight delivery, or (b) a transmission report is generated reflecting the accurate transmission thereof. Any notice given by facsimile shall be considered to have been received on the next business day if it is received after 5:00 p.m. recipient’s time or on a nonbusiness day.

City: City of Pittsburg
265
65 Civic Avenue
Pittsburg, CA 94565
Attention: City Manager
Lessee: Approved Auto Center of Pittsburg
2101 Railroad Avenue
Pittsburg, CA 94565
Attention: Robert Chudy and Gustavo Espinoza

14.4.3 Captions; Construction. The section headings and captions used herein are solely for convenience and shall not be used to interpret this Agreement. The Parties acknowledge that this Agreement is the product of negotiation and compromise on the part of both Parties, and the Parties agree that since both Parties have participated in the negotiation and drafting of this Agreement with the advice of counsel, this Agreement shall not be construed as if prepared by one of the Parties, but rather according to its fair meaning as a whole, as if both Parties had prepared it.

14.4.4 Successors and Assigns. Subject to the restrictions on transfer set forth in Article XII, this Agreement shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns. Any reference in this Agreement to a specifically named Party shall be deemed to apply to any permitted successor and assign of such Party who has acquired an interest in compliance with this Agreement as if in every case so expressed.

14.4.5 Short Form of Lease/Agreement. A memorandum of lease may be executed by the Parties and recorded in the Official Records of Contra Costa County upon the request of either Party.

14.4.6 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to principles of conflicts of laws. Any action to enforce or interpret this Agreement shall be filed in the Superior Court of Contra Costa County, California or in the Federal District Court for the Northern District of California.

14.4.7 Attorney’s Fees. If either Party commences an action against the other to enforce any obligation contained herein, or to interpret any provision hereof, the prevailing party shall be entitled to recover from the other Party reasonable counsel fees, costs and necessary disbursements, as determined by the court having jurisdiction over the action.
266

14.4.8 Indemnity Includes Defense Costs. In any case where either Party is obligated under an express provision of this Lease, to indemnify and to save the other Party harmless from any damage or liability, the same shall be deemed to include defense of the indemnitee by the indemnitor, such defense to be through legal counsel reasonably acceptable to the indemnitee.

14.4.9 No Third-Party Beneficiaries; Disclaimer of Partnership, Lender/Lessee Relationship. Nothing contained in this Agreement is intended to or shall be deemed to confer upon any person, other than the Parties any rights or remedies hereunder. The relationship of the parties under this Agreement is solely that of City and Lessee, and it is expressly understood and agreed that the City does not as a result of this Agreement in any way nor for any purpose become a partner of Lessee or a joint venturer with Lessee in the conduct of business or otherwise by Lessee. This Agreement is not intended to, and shall not be construed to, create the relationship of principal and agent, partnership, joint venture, or association as between the City and Lessee. It is further expressly understood and agreed that this Agreement is not intended to, and shall not be construed to create the relationship of lender and borrower, and the City does not, solely as a result of this Agreement, become a lender to Lessee.

14.4.10 Entire Agreement. This Agreement, together with exhibits which by this reference are hereby incorporated herein, contains the entire agreement between the Parties relative to the transactions covered hereby. All previous correspondence, communications, discussions, agreements, understandings or proposals and acceptances thereof between the Parties or their representatives, whether oral or written, are deemed to have been integrated into and superseded by this Agreement and are of no further force and effect except as expressly provided in this Agreement.

14.4.11 Waiver; Modification. No waiver of any breach of any covenant or provision of this Agreement shall be deemed a waiver of any subsequent breach of the same or any other covenant or provision hereof. No waiver shall be valid unless in writing and executed by the waiving party. An extension of time for performance of any obligation or act shall not be deemed an extension of the time for performance of any other obligation or act, and no extension shall be valid unless in writing and executed by the waiving party. The City Manager, in his or her sole discretion, may make minor amendments to the Agreement. This Agreement may be amended or modified only by a written instrument executed by the Parties.

14.4.12 Time is of the Essence. Time is of the essence of this Agreement and of each provision hereof.

14.4.13 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be an original and all of which together shall constitute one and the same instrument.

14.4.14 Action by the Parties. Except as may be otherwise specifically provided herein, whenever any approval, notice, direction, consent or request by the City in its capacity as landlord hereunder is required or permitted under this Agreement, such 267
action shall be in writing, and such action may be given, made or taken by the City Manager or by any person who shall have been designated by the City Manager, without further approval by the City Council unless the City Manager determines in his or her discretion that such matter requires consideration by the City Council.

14.4.15 Non-Liability of Officials, Employees and Agents. No member, official, employee or agent of the City or the City shall be personally liable to Lessee or its successors in interest in the event of any default or breach by the City or for any amount which may become due to Lessee or the permitted successors in interest of Lessee pursuant to this Agreement.
[Signatures on Following Page]
268
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement by their duly authorized representatives in the city of Pittsburg, State of California, as of the date first written above.

CITY OF PITTSBURG
a municipal corporation
By:

City Manager
ATTEST:

By:

City Clerk
LESSEE
individuals, doing business together as Approved Auto Center of Pittsburg By: ______________________________ ______________________________ Robert Chudy Gustavo Espinoza
269

EXHIBIT A

PROPERTY
A certain parcel of land situated in the City of Pittsburg, County of Contra Costa, State of California and more particularly described as 2101 Railroad Avenue.

APN:. 094-080-014
270

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution Authorizing the City Manager to Appoint a Financing Team for a Potential Water Revenue Bond Financing and to Negotiate and Execute the Necessary Contracts or Agreements to Retain Such Services
MEETING DATE: March 21, 2022

EXECUTIVE SUMMARY
City staff anticipate issuing at least one series of water revenue bonds in calendar year 2022 to secure funding for critical capital projects. City staff plan to engage Stradling Yocca Carlson & Rauth as bond and disclosure counsel, NHA Advisors LLC as municipal advisor, and Piper Sandler & Co. as underwriter (collectively, the “Financing Team”). The Financing Team will be paid on a contingent basis, out of the proceeds of the potential water revenue bonds.

FISCAL IMPACT
The Financing Team will be paid out of the proceeds of the financing, with its compensation being contingent upon a successful close of the financing. Accordingly, there is no budgetary impact to the Water Fund. The actual amounts paid to the consultants will vary depending on the financing structure and par.

Staff will bring a separate agenda item at a subsequent meeting regarding the authorization for water revenue bonds, at which time a good faith estimate on the total costs to issue the bonds will be considered.

RECOMMENDATION
City Council adopt the Resolution authorizing the City Manager to appoint a Financing Team and negotiate and execute the necessary contracts or agreements to retain such services.
271

BACKGROUND
The City’s is currently conducting a water rate study in accordance with the requirements of Proposition 218. The City’s most recent rate increases were authorized in 2018 and concluded in 2021.

The water treatment, conveyance facilities and infrastructure, require repair and replacement in order to meet the current water demands and prepare for the increase in demand as the community grows. If not addressed, water service to approximately 76,500 residents in Pittsburg may be interrupted. City staff expect the repair and replacement costs of the Water System to be $31 million over the next 6 years.

Given recent geopolitical events and inflationary pressures, interest rates for tax exempt municipal bonds have experienced volatility and a significant upward trend in interest rates.

With future interest rate increases expected from the Federal government, it is expected that the cost of borrowing will continue to increase over the coming months. Additionally, the costs of materials, supplies, and labor have increased markedly over the last 12 months and are expected to continue to increase.

Accordingly, City staff propose to commence the bond issuance process at this time to minimize the amount of time it takes the City to issue water revenue bonds, thereby reducing inflation and interest rate risk to the City.

SUBCOMMITTEE FINDINGS
NHA Advisors LLC presented on the water rates discussion and the potential issuance of water revenue bonds to the Finance Subcommittee on January 21, 2022 and February 4, 2022, and to the City Council on March 7, 2022.

STAFF ANALYSIS
Some key objectives of the current rate study are to provide annual Capital Improvement Project (“CIP”) funds for necessary repair and replacement, and to provide funding for the Water Treatment Plant upgrades.

City staff expect to utilize a combination of pay-as-you-go and bond financing to address CIP needs. However, it is recommended to use a municipal bond to finance the Water Treatment Plant CIP needs for the following reasons: 1) earlier project construction reduces WTP failure risk, 2) earlier construction reduces the risk of project cost increases, and 3) using a tax-exempt municipal bond to finance the cost of the project may reduce the necessary required rate increases.

To the second and third items above, construction inflation is difficult to predict. However, construction costs trended significantly higher in 2021, at 9.8% increases (highest level in the 20-year lookback). Additionally, tax-exempt municipal bond interest rates are increasing.

Since the beginning of 2022, the tax-exempt market’s index has increased approximately

0.75% for 5-year debt, 0.60% for 10-year debt, and 0.5% for 30-year debt. 272
Given these increases in both project construction costs and financing costs, City staff recommend engaging the Financing Team to begin the process of structuring a water revenue bond and drafting the necessary legal documents. The Financing Team is paid on a contingent basis out of the proceeds of the financing, so there is no budgetary impact to the Water Fund.

ATTACHMENTS: Resolution
Report Prepared By: Maria M. Aliotti, Deputy City Manager 273
1 4885-2674-1265v3/200972-0001

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:

Authorizing the City Manager to Appoint )
A Financing Team for a Potential Water )
Revenue Bond Financing and to ) RESOLUTION NO. 22-
Negotiate and Execute Contracts or )
Agreements to Retain Such Services )
WHEREAS, the City proposes to finance certain costs in connection with improvements to the City’s water treatment plant and the repair and replacement of certain existing water facilities and other appurtenant facilities (collectively, the “Project”) through the issuance of water revenue bonds (the “Bonds”) by the City of Pittsburg Public Financing Authority; and
WHEREAS, in order to provide for the issuance of the Bonds to finance the Project, City staff, under the direction of the City Council and City Manager, and with the assistance of certain attorneys, consultants, and other third parties designated herein, will take actions needed to proceed with the financing of the Project through issuance of the Bonds; and
WHEREAS, prior to and as a condition to issuance of the Bonds, the City Council must authorize the issuance of the Bonds at a future public meeting held by the City Council.

NOW, THEREFORE BE IT RESOLVED that the City Council hereby authorizes the City Manager to appoint a Financing Team and to negotiate and execute contracts or to sign such other documentation as is necessary or appropriate to evidence such engagements and retain such services in connection with the Bonds; and to work with the attorneys, consultants, and third parties designated to take all actions necessary and appropriate to present the Bonds and related agreement to the City Council for approval at a future meeting
274
2 4885-2674-1265v3/200972-0001
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 21st day of March 2022, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Holland Barrett White, Mayor
ATTEST:

Alice E. Evenson, City Clerk
275

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Receive and file the City’s other miscellaneous reports: Independent Accountants’ Report on Agreed-Upon Procedures Applied to Appropriations Limit Schedule for 2021-2022, Memorandum on Internal Controls and Required Communication for Fiscal Year Ended June 30, 2021.

MEETING DATE: March 21, 2022

EXECUTIVE SUMMARY
The miscellaneous reports are in connection with the Annual Comprehensive Financial Report (ACFR). The ACFR was approved by the City Council on January 18, 2022. The City received an unqualified or “clean opinion” by the City’s auditing firm, Maze and Associates, Certified Public Accountants.

FISCAL IMPACT
There is no fiscal impact to receive and file the city’s other miscellaneous reports.

RECOMMENDATION
Receive and file the city’s other miscellaneous reports for the fiscal year ended June 30, 2021.

BACKGROUND
Proposition 4, the “Gann” initiative, was passed by California voters in 1978 and is intended to limit governmental General Fund appropriations. The appropriation limit is calculated each year based upon FY 1978--79 appropriations, modified by the composite consumer price index, and population changes that have occurred in subsequent years.

The Memorandum on Internal Controls (MOIC) is part of the planning and performing of the year-end financial statement audit in accordance with auditing standards. Internal controls are processes designed to help safeguard an organization and minimize risk to its objectives. This information is intended solely for the use of management, City Council and other agencies requiring compliance with Government Auditing Standards. 276
The Required Communication is part of the planning and performing of the year-end financial statement audit in accordance with auditing standards and the Uniform Guidance.

This information is the responsibility of management.

SUBCOMMITTEE FINDINGS
This item was not reviewed by a subcommittee.

STAFF ANALYSIS
The City’s General Fund appropriation limit for Fiscal Year 2021-22 amounted to $187.5 million. The City’s Fiscal Year 2021-22 General Fund budget was $51.3 million, which is below the appropriation limit.

In its MOIC, Maze identified one significant deficiency in the City’s internal controls. A significant deficiency in internal control is less severe than material weakness, yet important enough to merit attention by those charged with governance.

Subledgers Reconciliation to the General Ledgers:

Condition: Housing Authority uses a separate software system, HAPPY, to account for transactions related to the Section 8 program. This system is not directly interfaced with the City’s general ledger system, Eden. The City prepares reconciliations and records journal entries to book the activity from HAPPY into Eden. However, during the interim phase of the audit, it was noted that the two systems do not reconcile to one another.

In addition, the City maintains subledger for its capital assets balances. During the final phase of the audit, the auditor was provided versions of the capital asset schedules and noted there were assets that were not recorded in the subledger but recorded in the General Ledger and assets recorded in the subledger but not the general ledger.

Management’s Response: The City agrees with the finding and the recommendation for the Housing Authority and the capital asset balances.

The City is currently in the process of switching to a new housing software YARDI, the implementation started January 2022. As part of the system implementation, the City will review the chart of accounts, which will also be housed within the new software system. By using this chart of accounts, the City will update the City’s financial system, EDEN, through an interface. This will assure timely and accurate reports will be produced to perform monthly reconciliation between the subledger and the general ledger. The City is currently staffed adequately for the Housing Authority’s financial functions and have implemented procedures to ensure timely and regular reconciliations between the two systems to validate the accuracy of the data.

The City has contracted with its ERP vendor, Eden, to reconcile the subledger to the general ledger. The City and Eden will identify the underlying processes that caused the issues as to why the two ledgers are not reconciling. Any necessary changes to both ledgers and by fiscal year end both the subledger and general ledger will be reconciled. The City will review the Capital Assets Policy and update for acquisition, valuation and disposition of capital assets including a review of internal controls to strengthen these processes.
277
ATTACHMENTS: Independent Accountants’ Report on Agree-Upon Procedures Applied to the Appropriations Limit Schedule for the Fiscal Year Ended June 30, 2021
Memorandum on Internal Controls
Required Communication
Report Prepared By: Laura Mendez, Finance Reporting Manager Reviewed By: Paul Rodrigues, Finance Director
278

CITY OF PITTSBURG

REQUIRED COMMUNICATIONS

FOR THE YEAR ENDED JUNE 30, 2021

279

This Page Left Intentionally Blank

280

CITY OF PITTSBURG

REQUIRED COMMUNICATIONS

For The Year Ended June 30, 2021

Table of Contents

Page

Required Communications .................................................................................................................. 1

Significant Audit Matters ............................................................................................................... 1

Accounting Policies........................................................................................................... ........ 1

Unusual Transactions, Controversial or Emerging Areas ....................................................... 2

Accounting Estimates ............................................................................................................... 2

Disclosures ................................................................................................................................. 2

Difficulties Encountered in Performing the Audit ................................................................... 2

Corrected and Uncorrected Misstatements .............................................................................. 3

Disagreements with Management ............................................................................................ 3

Management Re presentations .................................................................................................... 3

Management Consultations with Other Independent Accountants ......................................... 3

Other Audit Findi ngs or Issues .................................................................................................. 3

Other Information Accompanying the Financial Statements ........................................................ 4

281

This Page Left Intentionally Blank
282

REQUIRED COMMUNICATIONS
To the City Council of
the City of Pittsburg, California
We have audited the basic financial statements of the City of Pittsburg, California (City), for the year ended June 30, 2021. Professional standards require th at we communicate to you the following information related to our audit under generally accepted auditing standards, Government Auditing Standards and the Uniform Guidance.

Significant Audit Matters
Accounting Policies
Management is responsible for the
selection and use of appropriate ac counting policies. The significant accounting policies used by the City are described in Note 1 to the financial statements. No new accounting policies were adopted and the application of existing policies was not changed during the year, except as follows:

GASB 84 – Fiduciary Activities
The objective of this Statement is to improve guidance regarding the identification of fiduciary activities for accounting and financial reporting purposes and how those activities should be reported.

This Statement establishes criteria for identifyi ng fiduciary activities of all state and local governments. The focus of the criteria generally is on (1) whether a government is controlling the assets of the fiduciary activity and (2) the benefi ciaries with whom a fiduciary relationship exists.

Separate criteria are included to identify fi duciary component units an d postemployment benefit arrangements that are fiduciary activities.

The pronouncement became effective, and as disc losed in Note 1 to the financial statements required a prior period restatement for the cumulative effect on the financial statements.

GASB 90 – Majority Equity Interests (an amendment of GASB Statements No. 14 and No. 61) The primary objectives of this Statement are to improve the co nsistency and comparability of reporting a government’s majority equity interest in a legally separate organization and to improve the relevance of financial statement information for certain component units. It defines a majority equity interest and specifies that a majority equity interest in a legally separate organization should be reported as an investment if a government’s holding of the equity interest meets the definition of an investment. A majority equity interest that meets the definition of an investment should be measured using the equity method, unless it is held by a special-purpose government engaged only in fiduciary activities, a fiduciary fund, or an endowment (including permanent and term endowments) or permanent fund. Those governments and funds should measure the majority equity interest at fair value.

The pronouncement became effective, but did not have a material effect on the financial statements. 1 283
Unusual Transactions, Controversial or Emerging Areas
We noted no transactions entered into by the City during the year for which there is a lack of authoritative guidance or consensus. All significant transactions have been recognized in the financial statements in the proper period.

Accounting Estimates
Accounting estimates are an integral part of the financial statements prepared by management and are based on management’s knowledge and experience about past and current even ts and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibi lity that future events affecting them may differ significantly from those expected. The most sensitive estimates affecting the City’s financial statements were:

Estimated Net Pension Liabilities and Pensi on-Related Deferred Outflows and Inflows of Resources: Management’s estimate of the net pension liabilities and deferred outflows/inflows of resources are disclosed in Note 11 to the fina ncial statements and are based on accounting valuations determined by the California Public Employees Retirement System, which are based on the experience of the City. We evaluated the ke y factors and assumptions used to develop the estimates and determined that they are reasonable in relation to the basic financial statements taken as a whole.

Estimated Net OPEB Liabilities and OPEB–Related Deferred Outflows and Inflows of Resources:

Management’s estimate of the net OPEB liabilities and deferred outflows/inflows of resources are disclosed in Note 12 to the financial statements and are based on actuarial studies determined by a consultant, which are based on the experience of the City. We evaluate d the key factors and assumptions used to develop the estimate and determ ined that it is reasonable in relation to the basic financial statements taken as a whole.

Estimated Liability for Claims Payable: Management’s estimate of the liability for claims payable is disclosed in Note 10 to the financial statements and is based on actuarial studies determined by a consultant, which is based on the claims experience of the City. We evaluated the key factors and assumptions used to develop the estimate and determ ined that it is reasonable in relation to the basic financial statements taken as a whole.

Estimate of Depreciation: Management’s estimate of the depreci ation is based on useful lives determined by management. These lives have be en determined by management based on the expected useful life of assets as disclosed in No te 1 to the financial stat ements. We evaluated the key factors and assumptions used to develop the depreciation estima te and determined that it is reasonable in relation to the basic financial statements taken as a whole.

Disclosures
The financial statement disclosures are neutral, consistent, and clear.

Difficulties Encountered in Performing the Audit
We encountered no significant difficulties in dealing with management in performing and completing our audit.
2 284
Corrected and Uncorrected Misstatements
Professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that are clearly trivial, and communicate them to the appropriate level of management. Management has corrected all such misstatements. Except for the adjustment made to the long-term obligation balance of the Successor Agency to the Redevelopment Agency Private-Purpose Trust Fund, none of the misstatements detected as a result of audit procedures and corrected by management were material, either individually or in the aggregate, to each opinion unit’s financial statements taken as a whole.

Professional standards require us to accumulate all known and likely uncorrected misstatements identified during the audit, other than those that are trivial, and communicate them to the appropriate level of management. We have no such misstatements to report to the City Council.

Disagreements with Management
For purposes of this letter, a disagreement with management is a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or the auditor’s report. We are pleased to report that no such disagreements arose during the course of our audit.

Management Representations
We have requested certain representations from ma nagement that are incl uded in a management representation letter dated December 22, 2021.

Management Consultations with Other Independent Accountants In some cases, management may d ecide to consult with other account ants about auditing and accounting matters, similar to obtaining a “second opinion” on certain situations. If a consultation involves application of an accounting principle to the City ’s financial statements or a determ ination of the type of auditor’s opinion that may be expressed on those statements , our professional standards require the consulting accountant to check with us to determine that the consultant has all the re levant facts. To our knowledge, there were no such consultations with other accountants.

Other Audit Findings or Issues
We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as the City’s auditors. However, these discussions occurred in the normal course of our professional re lationship and our response s were not a condition to our retention.
3 285
Other Information Accompanying the Financial Statements We applied certain limited procedures to the requir ed supplementary information that accompanies and supplements the basic financial statements. Our procedures consisted of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We did not audit the required supplementary information and do not express an opinion or provide any assurance on the required supplementary information.

We were engaged to report on the supplementary information, which accompanies the financial statements but are not required supplementary information. With respect to this supplementary information, we made certain inquiries of management and evaluated the form, content, and methods of preparing the information to determine that the information complies with accounting principles generally accepted in the United States of America, the method of preparing it has not changed from the prior period, and the information is appropriate and complete in relation to our audit of the financial statements. We compared and reconciled the supplementary information to the underlying accounting records used to prepare the financial statements or to the financial statements themselves.

We were not engaged to report on the Introductory and Statistical Sections which accompany the financial statements, but are not required supplementary information. Such information has not been subjected to the auditing procedures applied in the audit of the basic financial statements and accordingly, we do not express an opinion or provide any assurance on them.
******
This information is intended solely for the use of City Council and management and is not intended to be, and should not be, used by anyone other than these specified parties.

Pleasant Hill, California
December 22, 2021
4 286

CITY OF PITTSBURG

MEMORANDUM ON INTERNAL CONTROL

FOR THE YEAR ENDED JUNE 30, 2021

287

This Page Left Intentionally Blank

288

CITY OF PITTSBURG

MEMORANDUM ON INTERNAL CONTROL

For the Year Ended June 30, 2021

Table of Contents

Page

Memorandum on Internal Control ......................................................................................................................... 1

Schedule of Signif icant Deficiency ................................................................................................................ 3

Schedule of Other Matters.............................................................................................................................. 5

Status of Prior Year Significant Deficiency ................................................................................................... 9

289

This Page Left Intentionally Blank

290

MEMORANDUM ON INTERNAL CONTROL
To the City Council of
the City of Pittsburg, California
In planning and performing our audit of the financial statements of the Ci ty of Pittsburg (City), as of and for the year ended June 30, 2021, in accordance with auditing standards generally accepted in the United States of America, we considered the City’s internal control over financial reporting (internal control) as a basis for designing our auditing proc edures that are appropriate in th e circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control. Accordingly, we do not express an opinion on the effectiveness of the City’s internal control.

Our consideration of internal control was for the li mited purpose described in the preceding paragraph and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies and therefor e material weaknesses or significant deficiencies may exist that were not identified. In addition, because of inherent limitations in internal control, including the possibility of management override of controls, misstatements due to error or fraud may occur and not be detected by such controls. However, as discusse d below, we identified certain defici ency in internal control that we consider to be a significant deficiency.

A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct misstatements on a timely basis. A
material weakness is a deficiency, or a combination
of deficiencies, in internal control, such that there is a reasonable po ssibility that a material misstatement of the City’s financial statements wi ll not be prevented, or detected an d corrected on a timely basis. We did not identify any deficiencies in internal control that we consider to be material weaknesses.

A significant deficiency is a deficiency, or a combinati on of deficiencies, in internal control that is less severe than a material weakness, yet important en ough to merit attention by those charged with governance. We consider the deficiency in internal control included on the Schedule of Significant Deficiency to be a significant deficiency.

Included in the Schedule of Other Matters are recommendations not meeting the above definitions that we believe are opportunities for strengthening internal controls and operating efficiency.

Management’s written responses included in this repo rt have not been subjected to the audit procedures applied in the audit of the financial statements and, accordingly, we express no opinion on them.

This communication is intended solely for the information and use of management , City Council, others within the organization, and agencies and pass-through entities requiring compliance with Government Auditing Standards, and is not intended to be and should not be used by anyone other than these specified parties.

Pleasant Hill, California
December 22, 2021
1 291
This Page Left Intentionally Blank
292

CITY OF PITTSBURG

MEMORANDUM ON INTERNAL CONTROL

SCHEDULE OF SIGNIFICANT DEFICIENCY
2021-01 Subledger Reconciliation to the General Ledger
Criteria: When a transaction system is not interfaced directly (i.e. manual transfer of data required) with the general ledger, regular reconc iliations, including the capital assets module, between the systems must be performed to ensure that proper amounts are recorded in the general ledger.

Condition: Housing Authority uses a separate software system, HAPPY, to account for transactions related to the Section 8 program. Th is system is not directly interf aced with the City’s general ledger system, Eden. The City prepares reconciliations a nd records journal entries to book the activity from HAPPY into Eden. However, During the interim phase of our audit, we noted that the two systems do not reconcile to one another.

In addition, the City maintains subledger for its capit al assets balances. During final phase of our audit, we encountered the following:
 We were provided versions of the capital asset schedules,  There were assets that were not recorded in the subledger but recorded in the General Ledger,  Some of the assets listed on the subledger were not recorded in the General Ledger Cause: Due to staff turnover.

Effect: Without a reconciliation between the subledger a nd the general ledger, there exists a risk of inaccuracy of the general ledger balances.

Recommendation: We recommend that the City review the acco unt set up of all subsystems that are not directly integrated with the general ledger. Th e mapping of accounts of these subledgers should be consistent with the mapping of th e general ledger. The City should ensure that timely and regular reconciliations are performed to capture and record balances between the systems used by the department and the general ledger.

Management’s Response: The City agrees with the finding and the recommendation for the Housing Authority and the capital asset balances.

The City is currently in the process of switching to a new housing software YARDI, the implementation started January 2022. As part of the system implementation, the City will review our chart of accounts, which will also be housed within the new software sy stem. By using this chart of accounts, the City will update the City’s financial system, EDEN, through an interface. This will assure timely and accurate reports will be produced to perform monthly reconciliation between the subledger and the general ledger.

The City is currently staffed adequately for the Housing Authority’s financ ial functions and have implemented procedures to ensure timely and regular reconciliations between the two systems to validate the accuracy of the data.

The City has contracted with its ERP vendor, Eden, to reconcile the subledger to the general ledger. The City and Eden will identify the u nderlying processes that caused the i ssues as to why the two ledgers are not reconciling. Work with City staff to make any necessary changes to both ledgers and by fiscal year end both the subledger and general le dger will be reconciled. The City will review our Capital Assets Policy and update for acquisition, valuation and disposition of capital assets including a review of internal controls to strengthen these processes.
3293
This Page Left Intentionally Blank
294

CITY OF PITTSBURG

MEMORANDUM ON INTERNAL CONTROL

SCHEDULE OF OTHER MATTERS

NEW GASB PRONOUNCEMENTS OR PRONOUNCEMENTS NOT YET EFFECTIVE The following comment represents new pronouncements ta king affect in the next few years. We have cited them here to keep you informed of developments:

EFFECTIVE FISCAL YEAR 2021/22:

GASB 87 – Leases
The objective of this Statement is to better meet the information need s of financial statement users by improving accounting and financial reporting for leas es by governments. This Statement increases the usefulness of governments’ financial statements by requiring recognition of certain lease assets and liabilities for leases that previous ly were classified as operating le ases and recognized as inflows of resources or outflows of resources based on the payment provisions of the contract. It establishes a single model for lease accounting based on the foundational pr inciple that leases are fi nancings of the right to use an underlying asset. Under this Statement, a le ssee is required to recogniz e a lease liability and an intangible right-to-use lease asset, and a lessor is required to recognize a lease receivable and a deferred inflow of resources, thereby enhancing the relevanc e and consistency of information about governments’ leasing activities.

GASB 89 – Accounting for Interest Cost Incurred before the End of a Construction Period The objectives of this Statement are (1) to enhanc e the relevance and comparab ility of information about capital assets and the cost of borrowing for a reportin g period and (2) to simplify accounting for interest cost incurred before the end of a construction period.

This Statement establishes accounti ng requirements for interest co st incurred before the end of a construction period. Such interest cost includes all interest that previously was accounted for in accordance with the requirements of pa ragraphs 5–22 of Statement No. 62, Codification of Accounting and Financial Reporting Guidance Contained in Pre-November 30, 1989 FASB and AICPA Pronouncements, which are superseded by this Statement. This Statement requires that interest cost incurred before the end of a construction period be re cognized as an expense in the period in which the cost is incurred for financial statements prepared using the economic resources measurement focus. As a result, interest cost incurred before the end of a construction period will not be included in the historical cost of a capital asset reported in a business-type activity or enterprise fund.

This Statement also reiterates that in financial stat ements prepared using the current financial resources measurement focus, interest cost incurred before the end of a construction period should be recognized as an expenditure on a basis consistent with governmental fund accounting principles. 5 295

CITY OF PITTSBURG

MEMORANDUM ON INTERNAL CONTROL

SCHEDULE OF OTHER MATTERS
GASB 92 – Omnibus 2020
The objectives of this Statement are to enhance comparability in accounting and financial reporting and to improve the consistency of authoritative literature by addressing practice issues that have been identified during implementation and application of certain GASB Statements. This Statement addresses a variety of topics and includes specific provisions about the following:
 The effective date of Statement No. 87, Leases , and Implementation Guide No. 2019-3, Leases, for interim financial reports
 Reporting of intra-entity transfers of assets between a primary government employer and a component unit defined benefit pension plan or defined benefit other postemployment benefit (OPEB) plan
 The applicability of Statements No. 73, Accounting and Financial Reporting for Pensions and Related Assets That Are Not within the Scope of GASB Statement 68, and Amendments to Certain Provisions of GASB Statements 67 and 68 , as amended, and No. 74, Financial Reporting for Postemployment Benefit Plan s Other Than Pension Plans, as amended, to reporting assets accumulated for postemployment benefits
 The applicability of certain requirements of Statement No. 84, Fiduciary Activities , to
postemployment benefit arrangements
 Measurement of liabilities (and assets, if any) related to asset retirement obligations (AROs) in a government acquisition
 Reporting by public entity risk pools for amounts that are recoverable from reinsurers or excess insurers
 Reference to nonrecurring fair value measurements of assets or liabilities in authoritative literature
 Terminology used to refer to derivative instruments.

GASB 93 – Replacement of Interbank Offered Rates
Some governments have entered into agreements in which variable payments made or received depend on an interbank offered rate (IBOR)—most notably, th e London Interbank Offere d Rate (LIBOR). As a result of global reference rate reform
, LIBOR is expected to cease to exist in its current form at the end of 2021, prompting governments to amend or replace fi nancial instruments for the purpose of replacing LIBOR with other reference rates, by either changing the reference rate or adding or changing fallback provisions related to the reference rate.

Statement No. 53, Accounting and Financial Reporting for Derivative Instruments, as amended, requires a government to terminate hedge accounting when it re negotiates or amends a critical term of a hedging derivative instrument, such as the reference rate of a hedging derivative instrument’s variable payment. In addition, in accordance with Stat ement No. 87, Leases, as amended, replacement of the rate on which variable payments depend in a lease contract would require a government to apply the provisions for lease modifications, including remeasurement of the lease liability or lease receivable.

The objective of this Statement is to address th ose and other accounting and financial reporting implications that result from the replacement of an IBOR. 6 296

CITY OF PITTSBURG

MEMORANDUM ON INTERNAL CONTROL

SCHEDULE OF OTHER MATTERS
GASB 97 – Certain Component Unit Criteria, and Accounting for and Financial Reporting for Internal Revenue Code Section 457 Deferred Compensation Plans The primary objectives of this Stat ement are to (1) increase consistency and comparability related to the reporting of fiduciary component units in circumstan ces in which a potential component unit does not have a governing board and the primary government pe rforms the duties that a governing board typically would perform; (2) mitigate costs associated with the reporting of certain de fined contribution pension plans, defined contribution other postemployment benefit (OPEB) plans, an d employee benefit plans other than pension plans or OPEB
plans (other employee benefit plans) as fiduciary component units in fiduciary fund financial statements; and (3) enhance th e relevance, consistency, and comparability of the accounting and financial reporting for Internal Revenue Code (IRC) Section 457 deferred compensation plans (Section 457 plans) that meet the definition of a pension plan and for be nefits provided through those plans.

EFFECTIVE FISCAL YEAR 2022/23:

GASB 91 – Conduit Debt Obligations
The primary objectives of this Statement are to pr ovide a single method of reporting conduit debt obligations by issuers and eliminate diversity in pr actice associated with (1) commitments extended by issuers, (2) arrangements associated with conduit debt obligations, and (3) relate d note disclosures. This Statement achieves those objectives by clarifying th e existing definition of a conduit debt obligation; establishing that a conduit debt obligation is not a
liability of the issuer; es tablishing standards for
accounting and financial reporting of additional commitments and voluntary commitments extended by issuers and arrangements associated with conduit debt obligations; and improving required note disclosures.

GASB 94 – Public-Private and Public-Public Partnerships and Availability Payment Arrangements The primary objective of this Statemen t is to improve financial reporting by addressing issues related to public-private and public-public part nership arrangements (PPPs). As used in this Statement, a PPP is an arrangement in which a government (the transferor) contracts with an operator (a governmental or nongovernmental entity) to provide public services by conveying control of the right to operate or use a nonfinancial asset, such as infrastructure or other ca pital asset (the underlying P PP asset), for a period of time in an exchange or exchange-lik e transaction. Some PPPs meet the definition of a service concession arrangement (SCA), which the Board defines in this Statement as a PPP in which (1) the operator collects and is compensated by fees from third parties; (2) the transferor determines or has the ability to modify or approve which services the operator is required to pr ovide, to whom the operator is required to provide the services, and the prices or rates that can be charged for the services; and (3) the transferor is entitled to significant residual interest in the service utility of the underlying PPP asset at the end of the arrangement.

This Statement also provides guidance for accounting and financial reporting for availability payment arrangements (APAs). As defined in this Statement, an APA is an arrangement in which a government compensates an operator for services that may include designing, constructing, financing, maintaining, or operating an underlying nonfinancial asset for a peri od of time in an exchange or exchange-like transaction.
7 297

CITY OF PITTSBURG

MEMORANDUM ON INTERNAL CONTROL

SCHEDULE OF OTHER MATTERS
GASB 96 – Subscription-Based Information Technology Arrangements This Statement provides guidance on the accounting and financia l reporting for subscription-based information technology arrangements (SBITAs) for government end users (governments). This Statement (1) defines a SBITA; (2) establishes that a SBITA results in a righ t-to-use subscription asset—an intangible asset—and a corresponding subscription liability; (3) provides the capitalization criteria for outlays other than subscription pa yments, including implementation cost s of a SBITA; and (4) requires note disclosures regarding a SBITA. To the extent relevant, the standards fo r SBITAs are based on the standards established in Statement No. 87, Leases, as amended. 8 298

CITY OF PITTSBURG

MEMORANDUM ON INTERNAL CONTROL

STATUS OF PRIOR YEAR SIGNIFICANT DEFICIENCY

2020-01 Review of Payroll Re gisters and Payroll Database

Criteria: Payroll registers should be reviewed by an employee who does not have edit rights in the City’s payroll system and the review process should be do cumented in some formal manner. Also, the function of payroll processing and access to pa yroll database should be segregat ed. If the City’s system does not allow such segregation, changes to the payroll data base should be reviewed and approved by a person who cannot edit the database.

Condition: During our audit, we found that five staff in the Finance Department can edit the payroll database, including two who process payroll. In ad dition, the City does not have a formal review processes for both payroll registers and changes made to the payroll database.

Cause: We understand that City staff did not realize th at these review processes were necessary as the City’s Human Resources Department is tasked with making changes to the payroll database.

Effect: Without proper review of payro ll registers and payroll database changes, errors, mistakes, and unauthorized transactions may not be detected.

Recommendation: We recommend that the City establish procedures to have an employee, who does not have edit rights in the City’s payrol l system, to review the payroll register after every payroll run. Also, an employee who cannot edit the payroll database should review changes to the da tabase to ensure that the changes made are authorized. If it is deemed impossible to implement the above recommendation under the current staffing situation, a cross-review of the payroll database should be performed by the two employees who process payroll.

Current Status: Implemented

9 299

This Page Left Intentionally Blank
300

INDEPENDENT ACCOUNTANT’S REPORT ON

APPLYING AGREED UPON PROCEDURES FOR
COMPLIANCE WITH THE PROPOSITION 111
2021-2022 APPROPRIATIONS LIMIT INCREMENT

Honorable Mayor and Members of the City Council
City of Pittsburg, California

We have performed the procedures enumerated below on the Appropriations Limit Worksheet (Worksheet) of the City of Pittsburg, California, for the year ended June 30, 2022. The City’s management is responsible for the Worksheet.

The City has agreed to and acknowledged that the procedures performed are appropriate to meet the intended purpose of these procedures, which were s uggested by the League of California Cities and presented in their Article XIIIB Appropriations Limi tation Uniform Guidelines, were performed solely to assist you in meeting the requirements of Section 1.5 of Article XIIIB of the California Constitution. This report may not be suitable for any other purpose. The procedures performed may not address all the items of interest to a user of this report and may not meet the needs of all user s of this report and, as such, users are responsible for determining whether the procedures performed are appropriate for their purposes.

The procedures and associated findings were as follows:

A. We obtained the Workshee t and determined that the 2021-2022 Appropriations Limit of $187,489,062 and annual adjustment factors were adopted by Resolution of the City Council. We also determined that the population and inflation options were selected by a recorded vote of the City Council.

B. We recomputed the 2021-2022 Appropriations Limit by multiplying th e 2020-2021 Prior Year Appropriations Limit by the Total Growth Factor . We recomputed the Total Growth Factor by multiplying the population option by the inflation option.

C. For the Worksheet, we agreed the Per Capita Income Factor, City Popula tion Factor and County Population Factor to California State Department of Finance Worksheets.

We were engaged by the City to perform this ag reed-upon procedures enga gement and conducted our engagement in accordance with atte station standards established by th e American Institute of Certified Public Accountants. We were not engaged to and di d not conduct an examination or review engagement, the objective of which would be the expression of an opinion or conclusion, respectively, on the Worksheet.

Accordingly, we do not express such an opinion or conclusion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you.

We are required to be independent of the City and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements related to our agreed-upon procedures engagement.

This report is intended solely for the information a nd use of management and th e City Council and is not intended to be and should not be used by anyone other than those specified parties; however, this restriction is not intended to limit the distribution of this report, which is a matter of public record.

Pleasant Hill, California
December 22, 2021
301

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution To Approve Bylaws for Youth Advisory Commission
MEETING DATE: March 21, 2022

EXECUTIVE SUMMARY
The City Council approved a Handbook for City Advisory Bodies to guide and assist them in the performance of their duties. Staff recommends the City Council approve a Resolution to adopt the bylaws for the Youth Advisory Commissions to be consistent with the Handbook.

FISCAL IMPACT
This item has no fiscal impact.

RECOMMENDATION
City Council approve a Resolution to adopt the bylaws for the Youth Advisory Commissions to be consistent with the Handbook.

BACKGROUND
On November 18, 2018, the City Council approved Resolution 18-13565 to adopt a Handbook for City Advisory Bodies as a training and guidance document for the City’s advisory bodies.

These bodies provide information and assistance in addressing specific issues, facilitate community decision-making and serve as a conduit between citizens, staff and the City Council. At the time, these bodies included the Community Advisory Commission, Historic Resources Commission, Housing Authority, Pittsburg Planning Commission, Measure M Citizen Oversight Committee and Sister Cities Committee.

The roles and responsibilities of each advisory body are set forth in the Pittsburg Municipal Code or by City Council resolution. From time to time, the City Council has adopted and revised bylaws governing the mission, purpose and procedures under which commissions perform their function.
302
On September 17, 2020, the City Council adopted Ordinance 20-1477 adding Chapter 2.80 to the Municipal Code relating to the establishment and structure of the Pittsburg Youth Commission, and also directed staff to prepare bylaws to reflect the policies and procedures in the handbook.

SUBCOMMITTEE FINDINGS
This item was presented before the Youth Advisory Commission at their February 23, 2022 meeting. The Commission reviewed and recommended staff bring to City Council for adoption

STAFF ANALYSIS
To aid the City’s various advisory bodies in their role assisting the City Council in addressing specific issues and providing a conduit for information from the public, the City Council recently adopted a Handbook for City Advisory Bodies.

Apart from the Handbook, roles and responsibilities of each advisory body are set forth in the Pittsburg Municipal Code, by City Council resolution and through various regulations and State laws. Each commission also uses bylaws adopted by the City Council to govern their meetings and activities.

The Handbook and bylaws are designed as reference documents for basic protocols and procedures to be followed by each commission. The documents also set forth requirements for meeting times, attendance and eligibility for appointment to the advisory bodies.

The City Clerk and staff assigned to work most closely with the advisory bodies recommend approval of the attached bylaws for the Youth Advisory Commission.

ATTACHMENTS: Resolution
Bylaws Youth Advisory Commission
Youth Advisory Commission Letter of Support
Report Prepared By: Kolette Simonton, Interim Director of Recreation 303
Resolution No. 22- Page 1 of 2 March 21, 2022

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:

Approving Bylaws for Youth Advisory )
Commission ) RESOLUTION NO. 22-
WHEREAS, the City of Pittsburg maintains various advisory bodies that provide information and assistance in addressing specific issues, facilitate community decision- making and serve as a conduit between citizens, staff and the City Council; and, WHEREAS, the advisory bodies are governed by the Pittsburg Municipal Code, City Council Resolutions, bylaws, as well as requirements and protocols for public meetings and public officials set by State law and regulations; and, WHEREAS, the public is best served by advisory bodies that are knowledgeable about their roles and responsibilities of their position; and, WHEREAS, on November 19, 2018, the City Council approved Resolution 18-13565 approving a Handbook for City Advisory Bodies to assist the City’s commissions in the performance of their duties; and,
WHEREAS, on September 17, 2020, the City Council adopted Ordinance No. 20- 1477 adding Chapter 2.80 to the Pittsburg Municipal Code relating to the establishment and structure of the Pittsburg Youth Commission; and,
WHEREAS, on September 17, 2020, the City Council also directed staff to prepare bylaws to reflect the policies and procedures in the handbook, and submit them for City Council consideration and adoption; and,
WHEREAS, staff recommends adoption of bylaws for Youth Advisory Commission to comply with the adopted Handbook for City Advisory Bodies.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves the bylaws for the Youth Advisory Commission.

304
Resolution No. 22- Page 2 of 2 March 21, 2022 PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 21st day of March 2022, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
________________________________
Holland Barrett White, Mayor
ATTEST:
______________________________
Alice E. Evenson, City Clerk
305
Bylaws -Pittsburg Youth Advisory Commission Adopted:

CITY OF PITTSBURG

YOUTH ADVISORY COMMISSION
BYLAWS

ARTICLE I

PUROSE AND MISSION STATEMENT

Section 1. The City of Pittsburg Youth Advisory Commission is an advisory body appointed by the City Council to provide the youth voice to the City Council to promoting civic engagement and community service while furthering the understanding of how municipal government works.

Section 2. The mission of the Youth Advisory Commission is to serve as a liaison between Pittsburg youth and the City Council concerning issues that affect the quality of life for the youth of Pittsburg. The Youth Advisory Commission provides information, makes recommendations, and suggests policies to the City Council on issues of civic engagement and community service.

ARTICLE I

GENERAL PROVISIONS

Section 1. These Rules of Procedure shall be known as the Bylaws and Rules of Procedure of the Youth Advisory Commission of the City of Pittsburg. A copy of these Rules and amendments thereto, shall be filed in the offices of the City Clerk for examination by the public.

Section 2. These Rules and any amendments hereto shall be effective on the date of the adoption hereof and shall govern the meetings and activities of the Youth Advisory Commission.

ARTICLE II

COMMISSION COMPOSITION AND METHOD OF APPOINTMENT

Section 1. The Youth Advisory Commission shall be composed of members as set forth in the Municipal Code.

Section 2. Commission members may resign at any time by giving written notice to the Mayor, City Clerk, and Recreation Director or his/her designee.

ARTICLE III

TERM OF OFFICE AND REMOVAL

Section 1. Youth Advisory Commission Members shall serve a two (2) year term, as set forth in the Municipal Code.

The City Council may reappoint members of the Commission to serve another term if there 306
Bylaws -Pittsburg Youth Advisory Commission Adopted:

are no other applicants or if the Council has already considered the current applicants and determined to reappoint an existing member whose term has exceeded the term limits. A member of the commission may not serve simultaneously on more than one City board, commission, or Commission.

Section 2. Any member of the Youth Advisory Commission may be removed by a majority of the City Council. Removal and appointment of Commission Members shall be made only at a regularly scheduled meeting of the City Council.

Section 3. Commission Members should endeavor to attend all regular and special meetings of the Youth Advisory Commission. The Secretary to the Youth Advisory Commission shall provide the Council with quarterly attendance reports by Commission members. After the fo urth unexcused absence from a regularly scheduled Commission meeting within any twelve (12) month period, said Commission Member’s office shall be automatically declared vacant.

Section 4. For purposes of determining excessive absences upon which the City Council may initiate removal procedures, any of the following may constitute grounds for excessive absences: four (4) unexcused absences occurring within one year period, three (3) consecutive unexcused absences, or six (6) consecutive excused absences occurring within the one (1) year period. Additionally, if a Commission Member is late by more than twenty (20) minutes to two meetings without permission from said Youth Advisory Commission, this shall constitute one absence.

Section 5. If a Commission Member ceases to reside in the City of Pittsburg, or in the case of youth members, ceases to be enrolled in school, said Commission Member’s office shall be automatically declared vacant.

ARTICLE IV

VACANCIES

Section 1. Vacancies on the Youth Advisory Commission occurring other than by expiration of term shall be filled for the unexpired portion of the term by the alternates.

If there are more than two vacancies on the Youth Advisory Commission, vacancies shall be filled in the same manner as the original appointment.

ARTICLE V

OFFICERS, SELECTION AND TERMS OF OFFICE

Section 1. The positions of Chairperson and Vice Chairpersons shall be for one- year terms and shall be rotated among all Commission members before a Commissioner assumes the previously held position of Chairperson or Vice Chairperson.

Section 2. The sitting Vice Chairperson shall automatically become the Chairperson at the first meeting after Commission appointments are made by the City Council (as described above) excluding special appointments. The selection of the Vice Chairperson shall follow a standardized rotation order as follows:
307
Bylaws -Pittsburg Youth Advisory Commission Adopted:

1. The position of Vice Chairperson shall be rotated among all Commissioners based on seniority.

2. Seniority for new Commissioners shall be determined by the order in which a Commissioner was appointed.

3. The Commissioner appointed first in the rotation for that group of Commissioners shall serve first, the Commissioner appointed second for that group of Commissioners shall serve second and so forth.

4. In case of appointment to the Commission to fill a vacancy, however, that person will occupy the last position in that rotation. Each new series of appointments will determine the rotation only for newly appointed Commissioners.

5. Should any Commissioner not be willing to take his/her regular place in the established rotation, the next person in the rotation will be elevated to the position of Vice Chairperson, and the rotation will continue as previously set.

Section 3. The secretary to the Youth Advisory Commission will be the City Manager or his/her designee with the duty to staff all Commission meetings and prepare all minutes for approval by the Commission, but shall not be a member of the Commission.

Section 4. Duties of Officers. The Chair performs the following duties:

1. Presides at all meetings of the Youth Advisory Commission.

2. Appoints subcommittees and chairpersons of subcommittees

3. Signs correspondence on behalf of the Youth Advisory Commission.

4. Performs other duties necessary or customary to the office.

5. Serves the City Council and the residents of the City of Pittsburg with professionalism and respect.

Section 3. In the event of the absence of the Chairperson or his/her inability to act, the Vice- Chairperson presides in place of the Chairperson. In the event of the absence of or the inability to act of both the Chairperson and the Vice-Chairperson, the next Commissioner in line for those duties who is present shall serve as acting Chairperson in their absence, and so on.

ARTICLE VI

SUBCOMMITTEES

Section 1. The Youth Advisory Commission or the Chairperson, upon direction of the Youth Advisory Commission, may appoint several of its members, but fewer than a quorum, to serve as a Subcommittee. The Youth Advisory Commission may appoint non- members to the Subcommittee to obtain additional public involvement as needed.

Subcommittees make recommendations directly to the Youth Advisory Commission.

Section 2. A Subcommittee may not represent the Youth Advisory Commission before the Commission or Council or other bodies unless it has first received the authorization of the Youth Advisory Commission to do so.

308
Bylaws -Pittsburg Youth Advisory Commission Adopted:

ARTICLE VII

MEETINGS

Section 1. The Youth Advisory Commission shall hold regular meetings at least once per month at a designated time and place, which shall be fixed and determined by the Youth Advisory Commission and entered upon its minutes. All meetings of the Youth Advisory Commission shall be held in a public building or, so long as allowed by state law, a publicly accessible virtual meeting place. Special meetings of the Youth Advisory Commission may be called by most of the members thereof, or by the Chairperson thereof.

Notice of any such special meeting shall be given as required by law. All Commission meeting with the purpose of developing reports or recommendations to the Youth Commission or City Council should have staff in attendance.

Section 2. A quorum for the transaction of all Youth Advisory Commission business shall consist of not less than seven (7) voting members of the Youth Advisory Commission. The secretary shall prepare and submit “Action Minutes” of all regular and special meetings of the Youth Advisory Commission, and these shall be sent to all members and administrative officers in advance of the mee ting in which they are to be approved.

Section 3. Commission Members shall attend all regular and special Commission meetings in person. Commission Members will not be permitted to use teleconference as an option to attend any Commission meetings , unle ss allowed by law during an emergency.

309
Bylaws -Pittsburg Youth Advisory Commission Adopted:

Section 4. The agenda shall be prepared by the Chair and/or staff with the order of business at regular scheduled meetings to generally be conducted in the following order:

1. Call to Order

2. Pledge of Allegiance

3. Roll Call

4. Approval of Minutes

5. Correspondence

6. Audience Remarks/ Public Comments

7. Presentations

8. Old Business

9. New Business

10. Commissioner/ Staff Comments

11. Adjournment

ARTICLE VIII

GENERAL RESPONSIBILITIES OF THE COMMISSION

Section 1. Provide input on youth services and programming to the Community Advisory Commission, City Council and to City Staff.

Section 2. Address issues that affect youth in the community.

Section 3. Assist with the promotion and implementation of youth activities.

Section 4. Generate an annual report on the progress of the Youth Advisory Commission.

Section 5. Additionally, Commission members are expected to attend all regular meeting and subcommittee meetings as assigned; attend the activities planned and sponsored by the Youth Advisory Commission; and promote youth activities and provide support for successful implementation of youth activities and programs.

ARTICLE IX

STAFF ASSISTANCE

Section 1. The City Manager shall provide the Youth Advisory Commission with such information and Staff assistance as the Youth Advisory Commission may, from time to time request, subject to the availability of resources.

ARTICLE X

ANNUAL TRAINING REQUIRED

Section 1. Commission members shall on an annual basis participate in training concerning the Open Meeting Laws under Ralph M. Brown Act, California Government Code Section 54950 et seq. Commission members shall also participate in AB 1234 310
Bylaws -Pittsburg Youth Advisory Commission Adopted:

Ethics Training every two years.

ARTCILE XI

AMENDMENTS

Section 1. These Bylaws and Rules of Procedure may be amended in the same manner as originally adopted.

311

City of Pittsburg
65 Civic Avenue, Pittsburg, CA 94565 | Tel: (925) 252-4021 | www.PittsburgCA.gov

March 9, 2022

Pittsburg City Council
65 Civic Avenue
Pittsburg, CA 94565

Re: Pittsburg Youth Advisory Commission Bylaws Recommendation

We, the members of the Youth Advisory Commission, have reviewed the proposed draft Bylaws establishing the rules of procedure for the Youth Advisory Commission. We find that th ese bylaws clearly outline the Committee’s purpose, mission and rules around authority, rights, and expectations.

The Youth Advisory Committee recommends that the Council move to adopt the Bylaws as written.

Respectfully,

Michaela Aquino, Chair
Aafia Sammee, Co-Chair
Alyssa Larson, Commissioner
Aliya Mansur, Commissioner
Balance Dollarhide-Watson, Commissioner
Deyanel Maldonado, Commissioner
Gianna Payton, Commissioner
Janiyah Joseph, Commissioner
Sosiua Vea, Commissioner

312

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution Approving Amendment #3 to the Employment Agreement for the City Manager
MEETING DATE:

EXECUTIVE SUMMARY
On February 4, 2019, the City Council approved the appointment of Garrett Evans as City Manager and entered into an Employment Agreement. The Employment Agreement has been amended twice. The resolution would authorize an amendment to increase the salary.

FISCAL IMPACT
The contract amendment will increase the rate of pay by two-point-five percent (2.5%) for the remainder of the fiscal year, which will be absorbed into the department’s current allocated budget.

RECOMMENDATION
The City Council move to adopt the Resolution approving Amendment #3 to the City Manager’s Employment Agreement.

BACKGROUND
The City Council conducted a review of Mr. Evan’s performance in closed session on February 22, 2022 and provided authorization to negotiate a salary increase as set forth in Amendment #3 of the Employment Agreement on behalf of the City.

SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.

STAFF ANALYSIS
Subsequent to Mr. Evans’ performance review in closed session with the City Council on February 22, 2022, the Council provided authorization to the Mayor, and the City Manager 313
agreed, on the attached amendment to the City Manager’s employment agreement providing a two-point-five percent (2.5%) cost of living adjustment (COLA). The amendment makes the increase effective February 6, 2022. This increase is consistent with general percentage increases for City staff. The City Manager of the City of Pittsburg also serves as Executive Director of the Successor Agency to the Redevelopment Agency of the City of Pittsburg, the Housing Authority of the City of Pittsburg, the Pittsburg Power Company, the Southwest Pittsburg Geologic Hazard Abatement District II, the Pittsburg Arts and Community Foundation, and the Public Finance Authority of the City of Pittsburg.

The proposed amendment is attached.

ATTACHMENTS:

Resolution
Employment Agreement Amendment #3
Report Prepared By:

Griselda Clift, Senior Human Resources Analyst
314
Resolution No. 22 Page 1 of 1 March 21, 2022

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:

Approving Amendment #3 to the City ) RESOLUTION NO. 22- Manager Employment Agreement )
WHEREAS, Garrett Evans is employed as City Manager and has an Employment Agreement which provides, in part, salary and benefits; and WHEREAS, the City Council has conducted a performance review and merit-based annual evaluation of Garrett Evans’ performance; and
WHEREAS, the City Council desires to adjust the base pay; and WHEREAS, the amendment includes a two-point-five percent (2.5%) cost of living adjustment (COLA) increasing the base pay to $257,835.98 effective February 6, 2022.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves Amendment #3 to the Employment Agreement between the City of Pittsburg and Garrett Evans.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 21st day of March 2022, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
_________________________
Holland Barrett White, Mayor
ATTEST:
_________________________
Alice E. Evenson, City Clerk
315
316