Agenda — Pittsburg City Council, July 18, 2022 (part 5 of 6)

June 20, 2022
FINAL
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CITY OF PITTSBURG
2022/23-2026/27 FIVE-YEAR CAPITAL

IMPROVEMENT PROGRAM
MAYOR
Holland Barrett White

VICE MAYOR
Shanelle Scales-Preston

CITY COUNCIL
Juan Antonio Banales
Jelani Killings
Merl Craft

CITY MANAGER
Garrett Evans

DEPUTY CITY MANAGER
Maria Aliotti

DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
Richard Abono, P.E.

COMMUNITY AND ECONOMIC DEVELOPMENT DIRECTOR
Jordan Davis

PREPARED
BY
Stephen Cardiel
Associate Engineer
June 20, 2022
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CONTRIBUTORS
Janielyn Bayona
Finance Division Manager- Accounting Operations & Budget Kolette Simonton
Interim Director of Recreation
Doug Buchanan
Power Company Manager
Hilario Mata
Assistant Director of Public Works
Vanessa Xie
Administrative Officer
Priscilla Wong-ORourke
Financial Analyst
Sara Bellafronte
Senior Administrative Analyst
Nhat Phan
Associate Engineer
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INTRODUCTION
The City of Pittsburg’s 5-Year Capital Improvement Program (CIP) is a multi-year planning instrument for construction of new facilities and infrastructure, and for the expansion, rehabilitation, or replacement of existing City-owned assets. The 5-Year CIP is developed by City Staff and is adopted by the City Council as a guide for prioritization of various projects to accomplish community goals. The CIP is updated regularly to reflect changing priorities and funding availability, and to remove projects that have been completed.

This 5-Year CIP for Fiscal Year (FY) 2022/23 through FY 2026/27 includes 239 projects with a total estimated cost of $431,329,041 for the benefit of the residents of Pittsburg, and projects proposed by Pittsburg Power Company at the Island Energy facility on Mare Island in Vallejo. Each of the proposed projects meets one or more of the following criteria:
 Elimination of potentially hazardous or unsafe conditions and potential liability  Replacement of high-maintenance, inefficient or ineffective infrastructure  Improvement to and/or creation of new services to the public  Compliance with regulatory requirements and mandates
 Stimulation of the local economy and elimination of blighted conditions  Compliance with the City of Pittsburg General Plan
 Preservation of existing assets
The schedule and prioritization of CIP projects are based on available funding, public benefit, and funding restrictions. Staff has solicited comments from department management and other City staff to evaluate projects proposed for inclusion in the CIP.

All of the projects on the list have been evaluated and ranked.

Funding that is proposed for the projects listed are according to their priority ranking or available funding. Staff obtains funding projections and available funding for current and future projects from the City’s Finance Department and applies them to the CIP accordingly. These projects will receive further evaluation in the next 5-Year CIP update planned for FY 2023/24.

ACCOMPLISHMENTS FROM FY 21/22
On June 21, 2021, the City Council approved the Five-Year Capital Improvement Program for FY 2021/22-25/26 and allocated funds to projects with adoption of Resolution 21-13944. Some of the projects from the previous 5-year CIP have been completed or have had some form of action taken towards implementation. Below is a summary of accomplishments since the City Council’s approval of the last 5-Year CIP update:
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1. COMPLETED CIP PROJECTS
Completed CIP projects are those projects that have been completed since adoption of the previous 5-year CIP or are nearing completion. There are 15 CIP projects that are completed or nearing completion since adoption of the previous 5-Year CIP. These projects include the following:

ST-3 Bailey Road Double Chip Seal
ST-14 FY 2020/21 CDBG ADA Curb Ramp Replacement Project ST-28 W Leland Road Street Lighting (Railroad – Crestview) ST-35 FY 2020/21 Citywide Traffic Calming Project
ST-(38,42, Warning Signage, West Leland High Friction Surface Treatment, 43) High Visibility Crosswalk Improvements and Traffic Signal Modification at Range Road
ST-45 FY 2021/22 Citywide Traffic Calming Project
S-15 FY 2020/21 Traffic Signal Modification Project
S-16 FY 2021/22 Traffic Signal Modification Project
W-35 WTP Filter Gallery Valve Replacement Project
W-39 Annual WTP Filter Media Replacement
W-110 East Ninth Street Water System Improvements
G-18 West Leland Road Underground Utilities
PP-14 Causeway Bridge Coupling Replacement Project

2. ACTIVE CIP PROJECTS
Active projects are those projects that Staff is currently planning, are being designed or have been designed, are out to bid, or are under construction. There are 27 active projects. They include the following:

Current Planning/Studies:

W-1 Water System Master Plan
W-10 Highlands Ranch Reservoir Recoating Project
W-34 WTP Disinfection Modification and Conversion Project S-4 Sewer System Master Plan
G-2 City Standard Details Update
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Being Designed:

ST-2 BART Pedestrian/Bicycle Connectivity Project
ST-7 HSIP 10 Signing and Striping Improvement Project
ST-11 HSIP 10 Crestview Drive Pavement and Ped Improvement Project ST-36 James Donlon Boulevard Extension Project
(ST-33, 2020/21 STP/OBAG II Pavement Improvement Project ST-100)
ST-109 FY 22/23 CDBG ADA Curb Ramp
W-8 2020/21 Watermain Installation/Replacement Program
SS-36 2020/21 Sewer Replacement/Rehabilitation Program
W-107 Bodega Court Water System Loop Project
SD-9 Americana Park Storm Drainage Project
PK-42 Oak Hills Park Restroom Project
PP-5 Waterfront Area Reliability Project
B-56 Police Department Women’s Locker Room Expansion
Under Construction/Out for Bids:

ST-16 FY 2021/22 CDBG ADA Curb Ramp Replacement Project ST-51 Stoneman Avenue Pedestrian Safety Improvement Project ST-73 Patch Paving, Sealing & Striping Project (Pa Hwy) S-18 HSIP 9 Citywide Traffic Signal Improvement Project SS-34 2016/17 Sewer Replacement/Rehabilitation Program
W-11 Automatic Water Meter Reading (Large Meters)
B-2 Corporation Yard Fueling System Replacement Project B-5 Police Evidence & Intake Room Improvement Project
PP-15 State F Reconstruction Project
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PROJECT CATEGORIES
The projects included in the FY 2022/23 - FY 2026/27 CIP have been divided into eight categories. These categories (with abbreviations) include:

Streets (ST) This section includes street rehabilitation and reconstruction as well as medians, striping, curb & gutter, street lighting, and traffic calming.

Funding Sources:

Measure J, Developers, HUTA Gas Tax, RMRA Gas Tax, LTMF, and Infrastructure Repair and Replacement Funds (IRRF), are the primary sources of funding for street projects. Additional funding comes from various grants that are available through agencies on the federal, state, and local level.

Signals (S) This section includes intersections that currently warrant a traffic signal, will warrant a signal in the near future, or need upgrades to the existing signals or signal timing.

Funding Sources:

The primary funding sources for signal projects are Measure J, Developers, HUTA Gas Tax, RMRA Gas Tax, LTMF, and
Infrastructure Repair and Replacement Funds (IRRF). Additional funding can be provided by grants from outside agencies.

Water (W) This section includes water system improvements that have been identified as a maintenance problem or are included in the Water System Master Plan as requiring installation or upgrade.

Funding Sources:

The primary funding sources for this category are Water Operations Fund, Water Facility Reserve Fund, 2005 Water Bond, and Developers.

Sewer (SS) This section includes sewer system improvements that have been identified as a maintenance problem or are included in the Wastewater Collection System Master Plan as requiring installation or upgrade.

Funding Sources:

The primary funding sources for this category are Sewer Operations Fund, Sewer Facility Reserve and Developers. 698
Storm Drain (SD) This section includes storm drainage improvements identified as a flood hazard, maintenance problem or included in the Stormwater Management Plan as requiring installation or upgrade.

Funding Sources:

The primary funding sources for this category are NPDES Fund (very limited and restricted), Developers, IRRF, and Kirker Creek Drainage Fund.

Building (B) This section includes improvements, rehabilitation, or new construction of City-owned buildings.

Funding Sources:

General Fund
Parks (PK) This section includes improvements, rehabilitation, or new construction of parks and recreational facilities throughout the City.

Funding Sources:

The primary funding sources for this category are Park Dedication Fund (PDF), and grants from outside agencies.

General (G) This section includes projects that do not fall into any of the other categories but are included in the 5-Year CIP.

Funding Sources:

Funding varies due to the unique nature of these projects.

Pittsburg This section includes projects that are included in the 5-Year CIP Power (PPC) for construction by Pittsburg Power (PP) or Island Energy (IE).

Funding Sources:

The primary funding sources for this category are the Pittsburg Power and Island Energy funds.

Marina (M) This section includes projects that are in the 5-Year CIP related to the City owned and maintained marinas.

Funding Sources:

The primary funding sources for this category of projects are the Marina Enterprise Fund and Waterfront Operations.

FUNDING REQUIREMENTS AND ISSUES
Projects included in FY 2022/23 of the 5-year CIP are those that are a high priority and/or have available funding. Below is a description of funding requirements for each CIP category as well as potential funding issues that may be affecting a particular project category.
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Street Projects (ST):

The current 5-year CIP identifies 67 street projects totaling $235 million that are included as future projects. Of these, 24 street projects totaling $27 million are already funded/partially funded within the next five years.

Funding Issues:

Streets in the City are ranked according to their condition on a scale of 1 to 100. This ranking is called the Pavement Condition Index (PCI). The more pavement maintenance that is performed, the higher the PCI number for the pavement will be.

The current average PCI number for the City’s streets is 61. To maintain the City’s current average PCI number requires approximately $5.7 million per year of pavement maintenance.

Signal Projects (S):

The current 5-year CIP identifies 20 signal projects totaling $5.7 million that are included as future projects. Of these, 1 signal project totaling approximately $1.1 million are already funded/partially funded within the next five years.

Funding Issues:

Installation of traffic signals is usually funded by Transportation Mitigation Funds, developers, or a combination of the two. For those signal projects not eligible for these funds, various grants, HUTA, RMRA, and Measure J funds are also available. However, use of HUTA, RMRA, and Measure J funds for this purpose reduces funding availability for street rehabilitation and maintenance projects. Signal equipment, upgrades, and maintenance compete for funding along with other pavement and O&M CIP projects.

Water Projects (W):

The current 5-year CIP identifies 32 water projects totaling nearly $62.8 million that are included as future projects. Of these, 16 water projects totaling $20 million are already funded/partially funded within the next five years.

Funding Issues:

The City’s Water Operations Fund, which is comprised of customer service payments, is the usual source of funds for the rehabilitation, maintenance, and upgrade of the City’s water system. Projects that provide for system expansion are funded by new development through the Water Facility Reserve fund, which is derived from connection fees from new development.

Sewer Projects (SS):

The current 5-year CIP identifies 11 sewer projects totaling $27 million that are included as future projects. Of these, 5 sewer projects totaling $14.4 million are already funded/partially funded within the next five years.
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Funding Issues:

Rehabilitation, upgrade, and maintenance of the City’s sanitary sewer system is usually funded by the City’s Sewer Operation Fund, which is derived from customer service charges. Projects for system expansion are funded by new development connection facility reserve charges. Currently there are sufficient funds to finance new projects in the immediate future.

Storm Drain Projects (SD):

The current 5-year CIP identifies 47 storm drain projects totaling $36 million that are included as future projects. Of these, 1 storm drain project totaling $700 thousand is already funded within the next five years.

Funding Issues:

Installation, upgrade, and maintenance of the City’s storm drain system have been typically funded by NPDES funds or grants. An additional source of funding for certain eligible projects is the Kirker Creek Drainage Fund, a restricted funding source. The amount available from each of these funding sources is very limited.

The City adopted a Fiscal Sustainability Ordinance that, among other things, created an Infrastructure Repair and Replacement Fund (IRRF) that could receive a portion of future City budget surpluses and excess one-time revenues. This fund would be used to fund repair and capital improvement projects related to the City’s infrastructure including streets, roads, parking lots, and storm drains. These funds cannot be counted on as a regular funding source for storm drainage projects.

Staff has requested authorization to apply for a FEMA grant to help fund the currently planned storm drain project and one additional storm drain project.

Building Projects (B):

The current 5-year CIP identifies 11 building projects totaling $15.6 million that are included as future projects. Of these, 3 building projects totaling approximately $950 thousand are already funded within the next five years.

Funding Issues:

Construction of new and improvements to existing City owned buildings were previously funded by the RDA. Other funding sources are grants and Park Dedication Funds.

These funds do not contribute to the additional maintenance costs incurred once the new City owned facilities are in service. The City’s Building Maintenance Fund covers ongoing maintenance of City-owned buildings.

Park Projects (PK):

The current 5-year CIP identifies 17 park projects totaling $16 million that are included as future projects. Of these, 8 park projects totaling $2.5 million are already funded/partially funded within the next five years.
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Funding Issues:

Construction of new parks and improvements to existing City parks are usually funded by the City’s Park Dedication Fund (PDF). Other sources of funding have been grants.

Park construction grants and other funds typically are for construction of new improvements or rehabilitation of existing facilities, and do not provide for maintenance.

Expenditure of these funds usually results in an increase to the Parks and Maintenance Services’ operational and maintenance costs. However, these funding sources can be used for improvements that may reduce maintenance costs, such as artificial turf or centralized irrigation. Due to the relative unavailability of operation and maintenance (O&M) funding, staff evaluates new park proposals carefully to consider future cost impacts and to identify funding for operational and maintenance costs. Construction of new parks or improvements may be postponed to a later date when additional funding is available.

New parks will need to account for potential droughts. Alternative sources of irrigation water or plant material will need to be evaluated as funding for new facilities becomes available.

Another source of funding needs to be identified to fund the O&M of new facilities and improvements, or new construction will need to be reduced or eliminated to ensure proper maintenance of existing facilities. One possible source of additional O&M funding for parks is an increase in the landscape and lighting district assessments.

General Projects (G):

The current 5-year CIP identifies 10 general projects totaling $9.3 million that are included as future projects. Of these, 2 general projects totaling $1.5 million (including $1.4 million from Rule 20A funds administered by PG&E) are already funded/partially funded within the next five years.

Funding Issues:

Projects listed in the General Projects section of the CIP are funded by various sources.

It is difficult to identify funds that are eligible for a majority of these projects other than the City’s General Fund. An additional source of funding needs to be identified or created to fund the various projects in the General Projects category.

Pittsburg Power Projects (PP):

The current 5-year CIP identifies 13 Pittsburg Power Company projects totaling $6.2 million that are included as future projects. Of these, 6 Pittsburg Power projects totaling $2 million are already funded/partially funded within the next five years.

Funding Issues:

Projects listed in the Pittsburg Power Projects section of the CIP are funded by revenues collected by Island Energy (IE) and Pittsburg Power. These funds have occasionally been used to fund programs and projects within the City of Pittsburg.

Projects currently included in the CIP as funded by Pittsburg Power or Island Energy are for power related projects at the Island Energy facility on Mare Island in Vallejo. 702
Marina Projects (M):

The current 5-year CIP identifies 11 Marina projects totaling $17 million that are included as future projects. There are 2 Marina projects totaling $212 thousand are already funded/partially funded within the next five years.

Funding Issues:

Projects listed in the Marina Projects section of the CIP are generally funded by the revenue collected at the marina from gasoline sales and boat slip rentals. If other funding sources are not identified, there may be a need to increase fees and prices to increase revenues to pay for construction of additional CIP projects.

CAPITAL IMPROVEMENT PROGRAM SUMMARY
The following table summarizes the total estimated project expenditures planned, by category, for the projects included in the 5-Year CIP. The table also indicates the projected year those funds are anticipated to be expended. At this time new funding will be requested only for projects planned to begin design or construction in FY 2022/23.

The remaining projects for FY 22/23 through 2026/27 are projections based on estimates for the project costs and funds available. This table includes only projects that are anticipated to be funded during the 5-year period. Additional projects are included in the Capital Improvement Program that have been identified but, are not yet planned to be funded. Amounts in the Current Funding column have previously been allocated by City Council through other actions.
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CAPITAL IMPROVEMENT PROGRAM

FUND BALANCE
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FUNDING SOURCES
The following section discusses the major funding sources available to fund CIP projects. Funding amounts included in the Current Funds Available column are those that are available for use as of the date this document was prepared. Funding amounts listed for the remaining fiscal years are estimated net funds available for use as a funding source for construction of CIP projects. New funding is requested only for projects planned for FY 2022/23. The remaining projects for FY 2022/23 through FY 2026/27 are projections based on anticipated funding availability. Enterprise funds are budgeted to maintain a reserve equal to 30% of their operating expenses.

Restricted vs. Un-Restricted Funding Sources
Funding sources for CIP projects include those considered restricted funds that can finance only specific types of projects. Examples of restricted funds are Water, Sewer, Park Dedication, HUTA, RMRA, Measure J, Infrastructure Repair and Replacement Fund, and Traffic Mitigation. These funds vary in their project restrictions.

Other funding sources included in the CIP are unrestricted funds that can be used on any type of project. An example of an unrestricted fund would be the City’s General Fund and the Pittsburg Power Company Fund. Unrestricted funds are currently unavailable as a funding source for projects in the 5-year CIP.

Fund Balances and Projected Funding Availability
The major sources of funding (and their abbreviations) for projects included in the current 5-Year CIP are as follows (fund balances estimated as of June 2022):

Road Maintenance and Rehabilitation Account Gas Tax Fund (RMRA) Senate Bill 1, the Road Repair and Accountability Act of 2017, was signed into law on April 28, 2017. SB 1 increased the per gallon fuel excise taxes; increased the diesel fuel sales taxes and vehicle registration fees; and provides for inflationary adjustments to tax rates in future years. This legislative package invests $54 billion over the next decade to fix roads, freeways and bridges in communities across California and puts more dollars toward transit and safety. These funds are split equally between state and local investments.

Beginning November 1, 2017, the State Controller (Controller) deposited various portions of this new funding into the newly created RMRA. A percentage of this new RMRA funding will be apportioned by formula to eligible cities and counties. The RMRA funding that the City is estimated to receive in FY 2022/23 is $1,689,157.

Prior to the City receiving its apportionment of RMRA funds in a fiscal year, the City must submit a list of eligible projects proposed to be funded with the RMRA funds.

The proposed projects to receive RMRA funds must also be included in the adopted City budget or as part of the Capital Improvement Program. The list must include project description, location, schedule, and estimated useful life of the improvement.

Each fiscal year, the City must submit documentation that includes similar information to the above for the projects actually completed.
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Below is the list for reporting proposed projects planned for potential expenditure of RMRA funds in FY 2022/23:

SB 1 Fiscal Year 2022/23 RMRA Project List
Monday, April 18, 2022
Title S-11 FY 22/23 Traffic Signal Modification Amount
Description Modifications to traffic signal timing and modernization of traffic control equipment. $100,000
Location Signalized Intersections Citywide
Completion Date January-23
Useful Life 2-10 years
Title ST-59 SB-1 2022/23 Pavement Management Project Amount Description Pavement rehabilitation $800,000
Location E Leland Road (Railroad Ave to Century Blvd)
Completion Date January-23
Useful Life 10 - 20 Years
Title ST-100 STP/OBAG II Pavement Improvement Project Amount Description Pavement rehabilitation of W. Leland Road and Loveridge Road $500,000
Location W. Leland Road (Bailey Road to Railroad Avenue and Loveridge Road (Stoneman Avenue to Buchanan Road).

Completion Date June-23
Useful Life 10 - 20 Years
Title ST-60 FY 2022/23 Pavement Maintenance Project Amount Description Provide pavement maintenance in the form of slurry & crack seal. $200,000
Location Various Streets throughout or near Central Addition Subdivision
Completion Date June-23
Useful Life 5-10 Years
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Current and Projected RMRA Funding Availability: Fund 228 Highway User Tax Account Gas Tax Fund (HUTA)
The gas tax referred to as HUTA may also be used to fund pavement rehabilitation projects. In FY 2022-23, Pittsburg is expected to receive a total of $1,595,790 in HUTA funds. Of this amount, $1,200,000 is allocated to pay maintenance expenses.

The combination of HUTA and Measure J funds received by the City varies and yields an average of $1,300,00 per year for street and pavement projects after O&M costs are deducted. If these funds were dedicated entirely to capital projects for maintaining pavement, the total would still be insufficient to maintain the current PCI. The Gas Tax is comprised of State and Local taxes on the sale of gasoline. Revenues for this fund are dependent on the overall economy and gasoline usage. This can vary according to economic conditions and the increasing number of fuel efficient and electric vehicles on the road. This tax is administered by the State Board of Equalization in accordance with California Local Motor Vehicle Fuel Taxation Law.

These funds can be used for maintenance of existing roads, construction of new roads, streetlights, traffic signals, and street medians.

FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27
($) ($) ($) ($) ($)
ST-20 SB1 FY 25/26 Pavement Improvement Project (1,100,000) ST-40 FY 25/26 Street Maintenance (200,000)
ST-59 SB1 FY 22/23 Pavement Management Project (800,000) ST-60 FY 22/23 Street Maintenance Project (200,000)
ST-93 FY 23/24 Street Maintenance Project (200,000)
ST-94 SB1 FY 24/25 Pavement Management Project (1,100,000) ST-100 SB1 FY2020/21 STP/OBAG II Pavement
Improvement Project (500,000)
ST-103 SB1 FY 23/24 Pavement Management
Project (1,100,000)
ST-104 FY 24/25 Street Maintenance Project (200,000)
ST-106 FY 26/27 Stree Maintenance Project (200,000)
ST-108 SB1 FY 26/27 Pavement Management (1,100,000)
S-11 FY 2022/23 Traffic Signal Modification Project (100,000) S-17 FY 2023/24 Traffic Signal Modification Project (100,000) S-20 FY 2024/25 Traffic Signal Modification Project (100,000) S-28 FY 2025/26 Traffic Signal Modification Project (100,000) S-31 FY 2026/27 Traffic Signal Modification Project (100,000) CIP Expenditures (1,600,000) (1,400,000) (1,400,000) (1,400,000) (1,400,000) Description:
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Current and Projected HUTA Funding Availability: Fund 203 Measure J (MJ)
In 2004, Contra Costa County voters approved Measure J, which continued the ½ cent sales tax that funds transportation projects in the county through March 31, 2034.

Pittsburg’s Measure J funds are used for street pavement projects as funding is available. However, using this fund only for street pavement projects reduces funds available for other eligible projects, such as traffic signals. In addition, the City currently uses Measure J Funds to help fund the Public Works Department’s street operations and maintenance (O&M) to off-set General Fund revenues. Redirecting Measure J funds to daily O&M reduces the amount of street resurfacing projects the City is able to implement to below the minimum level of investment in capital projects that is needed to maintain the current pavement condition. In FY 2022-23, Pittsburg should receive a total of $1,000,000 in Measure J funds. Of this, $800,000 will be allocated with adoption of the City Budget to cover street maintenance managed by Public Works and Engineering staff costs for designing and managing pavement projects.

FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27
($) ($) ($) ($) ($)
ST-8 Bridge Maintenance Repair (20,000) (20,000)
ST-11 HSIP 10 Crestview Drive Pavement and
Pedestrian Improvement Project (100,000)
ST-40 FY 25/26 Street Maintenance Project (200,000)
ST-52 Annual Citywide Signing & Striping (50,000) (50,000) (50,000) (50,000) (50,000) ST-60 FY 22/23 Street Maintenance Project (200,000)
ST-93 FY 23/24 Street Maintenance Project (200,000)
ST-104 FY 24/25 Street Maintenance Project (200,000)
ST-106 FY 26/27 Street Maintenance Project (200,000)
ST-110 Corp Yard Pavement Rehab Project (100,000) (100,000) (100,000) CIP Expenditures (250,000) (370,000) (350,000) (370,000) (350,000) Description:
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Current and Projected Measure J (MJ) Funding Availability: Fund 204 Kirker Creek Drainage Fund (KCDF)
The Kirker Creek Drainage Fund was established to provide for improvements to the drainage area due to impacts from new development. This fee is charged only for new development within the Kirker Creek watershed. Currently the fee is $1.14/sf of impervious area for the development. This fund can be used for construction of drainage improvements within the Kirker Creek watershed.

Current and Projected KCDF Funding Availability: Fund 302 There are no Capital Projects planned for KCDF Fund 302 for FY 22/23-26/27.

Local Traffic Mitigation Fund (LTMF)
These fees are collected from developers to pay for developer’s share of impacts to streets and traffic flow within the City. Current fee per housing unit is approximately $10,418.56 for the Pittsburg LTMF. These funds are restricted to projects that are included in the current traffic mitigation study.

Current and Projected LTMF Funding Availability: Fund 303 There are no Capital Projects planned for LTMF Fund 303 for FY 22/23-26/27.

Park Dedication Fees (PDF)
Park Dedication Fees are collected from developers to provide for construction of new parks and recreation facilities. Fees are collected based on the market value of the property, size of development, and number of units. Current average fee per residential lot is $12,542. These funds are restricted to new park construction and expansion and rehabilitation of existing parks.

FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27
($) ($) ($) ($) ($)
ST-41 Annual Citywide
Fence/ Soundwall/ Streetlight
Replacement/Sidewalk
Installation & Repair (75,000) (75,000) (75,000) (75,000) (75,000) ST-96 Citywide Arterial
Median Conversion (50,000) (50,000) (50,000) (50,000) (50,000) ST-97 FY 24/25 Citywide
Traffic Calming (75,000)
ST-101 FY 22/23 Citywide
Traffic Calming (75,000)
ST-102 FY 23/24 Citywide
Traffic Calming (75,000)
ST-105 FY 25/26 Citywide
Traffic Calming (75,000)
ST-107 FY 26/27 Citywide
Traffic Calming (75,000)
CIP Expenditures (200,000) (200,000) (200,000) (200,000) (200,000) Description:
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Current and Projected PDF Funding Availability: Fund 304 Pittsburg Regional Traffic Mitigation Fund (PRTMF)
These fees are collected from developers to pay for developer’s share of regional projects to mitigate impacts to streets and traffic flow. Current fee per housing unit is $22,703.79 for the Pittsburg Regional Transportation Mitigation Fee. These funds are restricted to projects that are included in the current regional fee program.

Current and Projected PRTMF Funding Availability: Fund 307 There are no Capital Projects planned for PRTMF Fund 307 for FY 22/23-26/27.

Infrastructure Repair and Replacement Fund (IRRF)
On January 22, 2013, the City Council adopted Ordinance 12-1363, also known as the Fiscal Sustainability Ordinance. This ordinance established minimum balances for financial reserves used to stabilize the City’s budget and created an Infrastructure Repair and Replacement Fund that receives a portion of funds that exceed the required reserve amount. This fund may be used for repairs and capital improvements projects related to the City’s infrastructure including streets, roads, parking lots, and storm drains.

Current and Projected IRRF Funding Availability: Fund 310 There are no Capital Projects planned for IRRF Fund 307 for FY 22/23-26/27. 2005 Water Bond (2005 WBond)
On December 5, 2005, City Council adopted Resolution 05-10440 authorizing a bond purchase contract for funding of several water projects.

Current and Projected 2005 Water Bond Funding Availability: Fund 500 There are no Capital Projects planned for IRRF Fund 307 for FY 22/23-26/27.

Water Operations Fund (WOF)
The Water Fund is maintained by a service charge that is collected in water service bills. Fees collected vary by size of water meter and water use and range from $29.60/mo for a ¾” meter to $3,360/mo for a 10” meter. These funds are used for 710
installing, upgrading, and maintaining the City’s water system. Per Ordinance 12-1363 a minimum of 30% of annual operating costs shall be maintained in reserve.

Current and Projected Water Operations Fund Funding Availability: Fund 501 Water Facility Reserve Fund (WFR) Treatment and Distribution The Water Facility Reserve is funded by a onetime charge per residential unit paid by developers. The amount of the fee varies according to the location of the development and is calculated according to a formula described in the fee schedule approved by the City Council (Resolution 05-1029 and as amended by Resolution 12-11778). The average fee for per new residential unit is $5,807. This fund is used for expansion and upgrade of the water distribution system or treatment plant to account for increased use with new development.

Current and Projected WFR Treatment Plant Funding Availability: Fund 502 Current and Projected Funding Availability Various WFR Accounts:

WFR Water Distribution: Fund 503: There are no Capital Projects planned for WFR Water Distribution Fund 503 for FY 22/23-26/27.

WFR Zone I/II Reservoir: Fund 504: There are no Capital Projects planned for WFR Zone I/II Fund 504 for FY 22/23-26/27.

WFR 20” SE Hills Water Transmission: Fund 505: There are no Capital Projects planned for WFR 20” SE Water Transmission Fund 505 for FY 22/23-26/27 FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27
($) ($) ($) ($) ($)
W-34 WTP Disinfection Mod & Conversion (500,000)
CIP Expenditures (500,000) - - - -
Description:

FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27
($) ($) ($) ($) ($)
W-1 Water System Master Plan (100,000)
W-6 WTP Capital Repairs and Imp (5058) (75,000) (75,000) (75,000) (75,000) (75,000) W-8 20/21 Watermain Installation/Replacement
Program (Pittsburg Heights) (2,000,000)
W-10 Highlands Ranch Reservoir Recoating (200,000)
W-11 Automatic Water Meter Reading System
(5030) (300,000)
W-34 WTP Disinfection Mod & Conversion (1,000,000)
W-39 Annual Filter Media Replacement (100,000) (100,000) (100,000) (100,000) W-40 22/23 Watermain Installation/Replacement
Program (1,000,000) (2,400,000)
W-100 24/25 Watermain Installation/Replacement
Program (400,000) (1,300,000) (1,300,000)
W-102 23/24 Watermain Installation/Replacement
Program (1,000,000) (1,400,000)
W-107 Bodega Court Water System Loop Project (100,000)
G-2 City Standard & Details Update (Final) (30,000)
CIP Expenditures (4,905,000) (3,575,000) (1,975,000) (1,475,000) (1,375,000) Description:
711
WFR SW Hills Water Facility: Fund 506: There are no Capital Projects planned for WFR SW Water Facility Fund 506 for FY 22/23-26/27
WFR SW Hills Phase III Pipe: Fund 507: There are no Capital Projects planned for WFR SW Hills Water Facility Fund 507 for FY 22/23-26/27 WFR SW Hills Phase III Pump: Fund 508: There are no Capital Projects planned for WFR SW Hills Phase III Pump: Fund 508 for FY 22/23-26/27 WFR Water Treatment Plant Sludge Handling: Fund 509: There are no Capital Projects planned for WFR SW Water Treatment Plant Sludge Handling: Fund 509 for FY 22/23-26/27
WFR Zone 1 Reservoir: Fund 510: There are no Capital Projects planned for WFR Zone 1 Reservoir Fund 510 for FY 22/23-26/27
WFR Zone 2 Reservoir: Fund 511: There are no Capital Projects planned for WFR Zone 2 Reservoir Fund 511 for FY 22/23-26/27
Sewer Operations Fund (SOF)
The Sewer Fund is maintained by a service charge that is collected in water service bills. Fees collected vary by property use. For example, a residential property is charged a flat rate of $15.79/month and non-residential is charged $1.61 per CCF, or 100 cubic feet (748 gallons), of water usage/month. These funds are used for installing, upgrading, and maintaining the City’s sewer system. Per Ordinance 12- 1363 a minimum of 30% of annual operating costs shall be maintained in reserve.

Current and Projected Sewer Operations Fund Funding Availability: Fund 521 FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27
($) ($) ($) ($) ($)
SS-2 FY 22/23Sewer
Replacment/Rehabilitation Project (Central
Addition Phase I) (200,000) (100,000) (1,500,000)
SS-36 21/22 Sewer
Replacement/Rehabilitation(11th Street Area) (1,000,000) SS-37 24/25 Sewer Replacement Rehab
Program (400,000) (2,000,000)
G-2 City Standard & Details Update (Final) (30,000)
CIP Expenditures (1,230,000) (100,000) (1,900,000) (2,000,000) - Description:
712
Sewer Facility Reserve Fund (SFR) Collection System Capacity Buy In The Sewer Facility Reserve is funded by a onetime charge per residential unit paid by developers. The amount of the fee varies according to the location of the development and is calculated according to a formula described in the fee schedule approved by the City Council (Resolution No. 05-10291 and as amended by 05-10372). The average fee for a new residential unit is $3,753. This fund is used for expansion and upgrade of the sewer system to account for increased usage with new development.

Current and Projected Sewer Facility Reserve Funding Availability: Fund 522 Current and Projected SFR Highway 4 Trunk Line Funding Availability: Fund 523
SFR Highway 4 Trunk Line: Fund 523: There are no Capital Projects planned for SFR Highway 4 Trunk Line: Fund 523 for FY 22/23-26/27
Waterfront Operations (WO)
On January 1, 2012, California’s SB 551 took effect, granting certain tidelands and submerged land to the City of Pittsburg. These lands were previously managed by the State Lands Commission, which leased certain portions for waterfront commercial and industrial development. The leases will convert to agreements with the City, generating revenue on an annual basis to be used to facilitate development of the waterfront for commercial, industrial and recreational use. Per Ordinance 12-1363 a minimum of 30% of annual operating costs shall be maintained in reserve.

Current and Projected Waterfront Operations Funding Availability: Fund 540 Waterfront Operations (WO): Fund 540: There are no Capital Projects planned for Waterfront Operations (WO) Fund 540 for FY 22/23-26/27.

Marina Enterprise Fund (ME)
The Marina Enterprise Fund is composed of funds collected at the marinas in Pittsburg from boat slip rentals and gasoline sales. These funds are used to maintain and improve the various marina facilities. Per Ordinance 12-1363 a minimum of 30% of annual operating costs shall be maintained in reserve.

Current and Projected Marina Enterprise Fund Funding Availability: Fund 550 Marina Enterprise (ME): Fund 550: There are no Capital Projects planned for Marina Enterprise (ME) Fund 550 for FY 22/23-26/27.

FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27
($) ($) ($) ($) ($)
SS-2 FY 22/23Sewer
Replacment/Rehabilitation Project (Central
Addition Phase I) (500,000)
CIP Expenditures - (500,000) - - -
Description:
713
Island Energy (IE)
The U.S. Navy awarded Pittsburg Power a franchise service agreement to provide electric and natural gas retail services on Mare Island in Vallejo. In a special arrangement, Pittsburg Power Company established and does business as “Island Energy” on Mare Island. Island Energy has been providing Mare Island customers reliable electric and gas services at competitive pricing since 1997. Island Energy is a potential revenue source for Capital Improvement Projects.

Current and Projected Island Energy Funding Availability: Fund 580 Pittsburg Power (PPC)
Current and Projected Pittsburg Power Funding Availability: Fund 590 Other Potential Funding Sources
 Developer Funding (direct developer contributions)
 Various State and Federal Grants
 National Pollution Discharge Elimination System (NPDES)  PG&E Rule 20A & 20B (credits)
FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27
($) ($) ($) ($) ($)
PP-19 Former NRG Wharf Shore Power $ (350,000)
CIP Expenditures - (350,000) - - -
Description:
714

CAPITAL IMPROVEMENT PROGRAM

SCHEDULE PROJECTS
715

ENGINEERING
DIVISIONCIP Section

STREET PROJECTS
Project Summary
5 year CIP 2022-23 / 2026-2027
Funding/Source ($)
Identified Funding Available
(N) = New allocation (F) =
Future allocation (E ) =
Existing
Current Project
Funding ($)
FY 2022-23
($)
FY 2023-24
($)
FY 2024-25
($)
FY 2025-26
($)
FY 2026-27
($)
ST-1 Range Road Overcrossing $25,000,000 $0ST-2 2019 BART Pedestrian/Bicycle Connectivity $5,520,000 3,870,000 OBAG-2
600,000 PBTF,
50,000 Measure J
300,000 LTMF
700,000 SR2BART
$5,520,000 $5,520,000
ST-4 Delta DeAnza Trail Roadway Crossing Improvement $150,000 120,000 TDA (E) $120,000 $120,000 ST-5 Street Median/Landscape Improvements $520,000 $0
ST-6 Bailey Road Pavement Rehabilitation $615,000 $0ST-7 2038 HSIP 10- Signing and Striping Improvement Project (Rename) $2,965,700 $2,965,700 HSIP $2,965,700 $2,965,700 ST-8 2026 Bridge Maintenance & Repairs $100,000 5,000 HUTA $40,000 HUTA (F) $5,000 $20,000 $20,000 $45,000 ST-9
Intersection Geometric Improvements (San Marco Boulevard/ W. Leland Road) Geometric Improvements $125,000 $0
ST-10 El Pueblo Area Reconstruction/ADA Improvements $300,000 $0 ST-11 2028 HSIP 10-Crestview Drive Pavement and Pedestrian Improvement Project $650,000 $378,220 HSIP
$41,180 RMRA
$100,000 RMRA (N)
100,000 HUTA (N)
$419,400 $200,000 $619,400
ST-12 San Marco Blvd Widening $125,000 $0
ST-15 East Third Street Streetscape Improvements $1,500,000 $0 ST-16 4065 FY 2021/22 CDBG ADA Curb Ramp Project $250,000 $250,000 CDBG $0 ST-19 Marina Blvd Buffered Bicycle Lanes $140,000 56,100 TDA (E) $56,100 $56,100 ST-20 SB1-FY 2025/26 Pavement Improvement Project $1,100,000 $1,100,000 RMRA (F) $1,100,000 $1,100,000ST-21 Railroad Ave./Leland Rd. Geometric Improvements $525,000 $0ST-23 Left Turn Lane Bailey Rd/Willow Ave $200,000 $0ST-25 Rebuild Range Road/Willow Pass Road Interchange $4,200,000 $0ST-27 Bailey Road Operational Safety Improvements $300,000 $0ST-28 2205 West Leland Street Lighting Project (Railroad Avenue to Crestview Drive & Crestview @ Trail)
$760,000
458,000 HUTA (E)
277,000 CCIF (E)
25,000 PDF (E )
$760,000 $760,000
ST-29 Westbound Hwy 4 Offramp at Railroad Avenue $12,100,000 $0ST-30 E. Leland Rd./Los Medanos College (eastern entrance) $420,000 $0 ST-31 Century Boulevard Class III Bicycle Facility $60,000 $0 Finance
No. Item No. Project Name Total Funding Estimated Project Cost ($) CIP Funding Schedule
5/13/2022 716

ENGINEERING
DIVISIONCIP Section

STREET PROJECTS
Project Summary
5 year CIP 2022-23 / 2026-2027
Funding/Source ($)
Identified Funding Available
(N) = New allocation (F) =
Future allocation (E ) =
Existing
Current Project
Funding ($)
FY 2022-23
($)
FY 2023-24
($)
FY 2024-25
($)
FY 2025-26
($)
FY 2026-27
($)
Finance
No. Item No. Project Name Total Funding Estimated Project Cost ($) CIP Funding Schedule
ST-32 Century Boulevard Class II Bicycle Lanes $75,000 $0 ST-33 2029 SB1 FY 2021/22 Pavement Management $1,100,000 1,100,000 RMRA $1,100,000 $1,100,000 ST-34 West Leland Road Safety Improvements $150,000 $0
ST-36 3015 James Donlon Boulevard Extension (Design/Construction) $95,610,000 1,880,000 LTMF
14,220,000 Developer
Obligated LTMF
63,404,800 RTMF
14,495,200 TBD
$6,200,000 $6,200,000
ST-37 Railroad Avenue Complete Streets $1,000,000 $0
ST-38 3113
West Leland Road Pavement Markers/Markings and Speed Signage Improvements $376,800 376,800 HSIP $376,800 $376,800
ST-40 FY 2025/26 Street Maintenance Project $400,000 $200,000 HUTA (F) $200,000 RMRA (F) $400,000 $400,000 ST-41 2017/3332 Annual Citywide Fence/ Soundwall/ Streetlight Replacement/Sidewalk Installation & Repair $580,000 280,000 MJ (E ) 75,000 MJ (N) 225,000 MJ (F) $280,000 $75,000 $75,000 $75,000 $75,000 $75,000 $655,000 ST-42 2207 West Leland High Friction Surface Treatment $718,000 60,000 RMRA
548,000 HSIP
110,000 MJ
$718,000 $718,000
ST-43 3114
West Leland Road Pavement Delineation, Warning Signage, High Visibility Crosswalk Improvements and Traffic Signal Modification at Range Road $265,900 265,900 HSIP $265,900 $265,900
ST-44 Annual Citywide Sidewalk Replacement $100,000 $0
ST-47 2232 FY 2020/21 Street Maintenance Project (PW) $850,000 850,000 HUTA & RMRA (E ) $850,000 $850,000ST-48 2024 FY 2021/22 Street Maintenance Project (move to 2232) $400,000 36,000 HUTA (E ) 36,000 RMRA (E ) $72,000 $72,000ST-49 Marina Blvd. Improvements (Marina Master Plan Phase III) $1,550,000 $0 ST-50 Railroad Avenue Northbound Right-Turn Lane at Highway 4 $300,000 $0ST-51 3115 Stoneman Avenue Pedestrian Safety Improvements $1,230,000 880,000 HSIP8 300,000 RMRA $1,180,000 $1,180,000 ST-52 2219/2229/ 2239 Annual Citywide Striping & Signage $267,000 200,000 HUTA (E) 50,000 HUTA (N) 200,000 HUTA (F) $200,000 $50,000 $50,000 $50,000 $50,000 $50,000 $450,000ST-54 Avila Road Widening Phase II (City Limits to Santa Teresa) $11,520,000 $0 ST-55 3011 W. Leland Road Extension Phase II (San Marco to Avila) $10,000,000 50,000 LTMF $50,000 $50,000 5/13/2022 717

ENGINEERING
DIVISIONCIP Section

STREET PROJECTS
Project Summary
5 year CIP 2022-23 / 2026-2027
Funding/Source ($)
Identified Funding Available
(N) = New allocation (F) =
Future allocation (E ) =
Existing
Current Project
Funding ($)
FY 2022-23
($)
FY 2023-24
($)
FY 2024-25
($)
FY 2025-26
($)
FY 2026-27
($)
Finance
No. Item No. Project Name Total Funding Estimated Project Cost ($) CIP Funding Schedule
ST-56 3014 San Marco Boulevard Extension (Terminus to Bailey Road) $14,038,000 100,000 LTMF $100,000 $100,000 ST-57 Pittsburg-Antioch Highway Widening $11,070,000 $0ST-58 Pittsburg-Antioch Highway Two-Way Left Turn Lanes $300,000 $0 ST-59 SB1-FY 2022/23 Pavement Management $800,000 800,000 RMRA (N) $800,000 $800,000 ST-60 FY 2022/23 Street Maintenance Project $150,000 200,000 HUTA (N) 200,000 RMRA (N) $400,000 $400,000 ST-62 California Avenue Widening Phase III (Harbor to Railroad) $10,035,000 $0ST-64 Linscheid Drive Traffic Calming Project $100,000 $0 ST-73 3117 Patch Paving, Sealing & Striping $800,000 500,000 GF (E ) 100,000 HUTA (E) $600,000 $600,000 ST-93 FY 2023/24 Street Maintenance Project $400,000 200,000 HUTA (F) 200,000 RMRA (F) $400,000 $400,000 ST-94 SB1 FY 24/25 Pavement Management $800,000 1,100,000 RMRA (F) $1,100,000 $1,100,000 ST-95 Intersection Geometric Improvements (Bailey Road & West Leland Road) $3,000,000 $0 ST-96 2228 Citywide Arterial Median Conversion $280,000 80,000 MJ
50,000 MJ (N)
200,000 MJ (F)
$80,000 $50,000 $50,000 $50,000 $50,000 $50,000 $330,000 ST-97 FY 2024/25 Citywide Traffic Calming $40,000 $75,000 MJ (F) $75,000 $75,000 ST-98 2224 FY 2019/20 Street Maintenance (move to 2232) $322,427 172,427 RMRA (E) 150,000 HUTA (E) $322,427 $322,427ST-100 2231 FY 2020/21 STIP/OBAG II Pavement Improvement Project $4,000,000 $340,000 RMRA (E)
$2,410,000 OBAG2/STP
(E)
1,100,000 RMRA (E )
500,000 RMRA (N)
$3,850,000 $500,000 $4,350,000
ST-101 FY 2022/23 Citywide Traffic Calming $40,000 75,000 MJ (N) $75,000 $75,000ST-102 FY 2023/24 Citywide Traffic Calming $40,000 75,000 MJ (F) $75,000 $75,000 ST-103 SB-1 FY 2023/24 Pavement Management $1,100,000 1,100,000 RMRA (F) $1,100,000 $1,100,000 ST-104 FY 2024/25 Street Maintenance Project $400,000 200,000 HUTA (F) 200,000 RMRA (F) $400,000 $400,000ST-105 FY 2025/26 Citywide Traffic Calming $75,000 75,000 MJ (F) $75,000 $75,000 ST-106 FY 26/27 Street Maintenance Project $400,000 200,000 HUTA (F) 200,000 RMRA (F) $400,000 $400,000 ST-107 FY 26/27 Citywide Traffic Calming $40,000 75,000 MJ (F) $75,000 $75,000 ST-108 SB1 FY 26/27 Pavement Management $1,100,000 1,100,000 RMRA (F) $1,100,000 $1,100,000 ST-109 FY 22/23 CDBG ADA Curb Ramp $250,000 259,700 CDBG (N) $259,700 $259,700 ST-110 Corp Yard Pavement Rehabilitation Project $1,000,000 $300,000 HUTA (F) $100,000 $100,000 $100,000 $300,000 $234,698,827 $26,351,027 $2,150,000 $1,770,000 $1,850,000 $1,870,000 $1,850,000 $35,841,027 Current New Future Total Funding
TOTALS
5/13/2022 718

ENGINEERING
DIVISIONCIP Section

SIGNAL PROJECTS
Project Summary
5 year CIP 2022-23 / 2026-2027
Funding ($)
Identified Funding Available (N)
= New allocation (F) = Future
allocation (E ) = Existing
Current
Project
Funding ($)
FY 2022-
23 ($)
FY 2023-
24 ($)
FY 2024-
25 ($)
FY 2025-
26 ($)
FY 2026-
27 ($)
S-2 Street Name Sign LED Conversion $400,000 $0S-3 Traffic Signal Interconnect Expansion Project $275,000 $0S-4 Signal at Harbor Street/ Stoneman Avenue $300,000 $0S-6 Traffic Signal Modification Kirker Pass Rd/Pheasant Dr $50,000 $0S-9 Leland Road Signal Interconnect $380,000 $0S-10 Buchanan Road Signal Interconnect $525,000 $0S-11 FY 2022/23 Traffic Signal Modification Project $100,000 100,000 RMRA (N) $100,000 $100,000S-12 Opticom and Transit Priority Control $200,000 $0S-13 Installation of Emergency Vehicle Preemption at 6 Intersections $50,000 $0S-14 Wireless Traffic Signal Communication $305,000 $0S-17 FY 2023/24 Traffic Signal Modification Project $100,000 100,000 RMRA(F) $100,000 $100,000S-18 2227 HSIP 9 Citywide Traffic Signal Improvement Project $1,110,000 1,065,600 HSIP 44,400 RMRA (E ) $1,110,000 $1,110,000 S-19 Traffic Adaptive Cooridor Signal Project $300,000 $0S-20 2024/25 Traffic Signal Modification Project $100,000 100,000 RMRA (F) $100,000 $100,000S-24 Bailey Road Signal Interconnects $210,000 $0S-25 Loveridge Road Signal Interconnects $150,000 $0S-26 Railroad Avenue/3rd Street $300,000 $0S-27 Harbor Street/Central Avenue $330,000 $0S-28 FY 2025/26 Traffic Signal Modification Project $100,000 $100,000 RMRA (F) $100,000 $100,000 Finance
No. Total Funding Item No. Project Name Estimated Project Cost ($) CIP Funding Schedule
5/16/2022 719

ENGINEERING
DIVISIONCIP Section

WATER PROJECTS
Project Summary
5 year CIP 2022-23 / 2026-2027
Funding ($)
Identified Funding
Available (N) = New
allocation (F) = Future
allocation (E ) =
Existing
Current Project
Funding ($) FY 2022-23 ($) FY 2023-24 ($) FY 2024-25 ($) FY 2025-26 ($) FY 2026-27 ($) W-1 5005 Water System Master Plan $275,000 275,000 WOF 100,000 WOF ( N) $275,000 $100,000 $375,000 W-2 Hillview Reservoir coating (exterior) $350,000 $0
W-4 Riverview Drive/Alturis Ave 12" Canal Crossing $150,000 $0W-5 Zone I/II Boundary Adjustments (Harbor, Leland, Railroad) $1,133,000 $0W-6 5065 WTP Capital Repairs and Improvements (Rename) $600,000 375,000 WOF 75,000 WOF (N) 300,000 WOF(F) $375,000 $75,000 $75,000 $75,000 $75,000 $75,000 $750,000W-7 Water Main Buchanan Rd Phase 2 (Seg 1 & 6)(WTP to SE Hills) $1,522,000 $0
W-8 5003
2020/21 Water Main Installation/ Replacement Program (Pittsburg Heights) $3,400,000 1,400,000 WOF $2,000,000 WOF (N) $1,400,000 $2,000,000 $3,400,000 W-10 5007 Highlands Ranch Reservoir Recoating $350,000 250,000 WOF 200,000 WOF (N) $250,000 $200,000 $450,000 W-11 5030 Automatic Water Meter Reading System (5030) $3,406,793 3,106,793 WOF (E ) 300,000 WOF (N) $3,106,793 $300,000 $3,406,793 W-15 12" Main Stoneman Ave (Harbor to Loveridge) $800,000 $0W-17 5055 2016/17 WTP Sludge Removal $250,000 250,000 WOF (E ) $250,000 $250,000W-21 Convert Backyard Services in Central Addition to Street $9,400,000 $0W-24 Pittsburg-Antioch Highway Waterline Improvements (eastern loop) $1,200,000 $0
W-28 Highlands Ranch Zone 2 (1.4 MG) Reservoir (T-9) $5,250,000 City 44% & Dev 56% $0 W-29
WTP Filter Backwash Management - 1.5 MGD Package Treatment Unit (Phase I) $1,500,000 $0
W-30
WTP Filter Backwash Management - 1.5 MGD Package Treatment Unit (Phase II) $750,000 $0
W-31 WTP 0.5 MG Filter Backwash Basin $3,000,000 $0W-33 5040 WTP Mechanical Sludge Dewatering $2,000,000 152,665 WOF (E ) $0 W-34 5062 WTP Disinfection Modification and Conversion $4,000,000 400,000 WFR 1,500,000 WOF 500,000 WFR(N) 1,000,000 WOF (N) $1,900,000 $1,500,000 $3,400,000
Finance
No. Item No. Project Name Total Funding Estimated Project Cost ($) CIP Funding Schedule
5/13/2022 721

ENGINEERING
DIVISIONCIP Section

WATER PROJECTS
Project Summary
5 year CIP 2022-23 / 2026-2027
Funding ($)
Identified Funding
Available (N) = New
allocation (F) = Future
allocation (E ) =
Existing
Current Project
Funding ($) FY 2022-23 ($) FY 2023-24 ($) FY 2024-25 ($) FY 2025-26 ($) FY 2026-27 ($) Finance
No. Item No. Project Name Total Funding Estimated Project Cost ($) CIP Funding Schedule
W-35 5066 WTP Filter Gallery Valve Replacement Project $370,000 370,000 WOF (E ) $370,000 $370,000W-39 5060 Annual Filter Media Replacement $800,000 625,000 WOF (E ) 100,000 WOF (N) 300,000 WOF(F) $625,000 $100,000 $100,000 $100,000 $100,000 $1,025,000 W-40 2022/23 Water Main Installation/ Replacement Program $3,400,000 1,000,000 WOF (N) 2,400,000 WOF (F) $1,000,000 $2,400,000 $3,400,000W-50 1.3 MG Zone I water tank (T-10) 5.300,000 Dev $0W-61 5071 20" Main W. Leland (WTP to SW Hills) Phase I (SEG 3W, 6W)(5071) $3,000,000 1,796,000 WFR 754,000 2005 Wbond $2,550,000 $2,550,000 W-63
20" Main W. Leland (WTP to SW Hills) Phase 2 (SEG 1W, 2W) $2,700,000 $0
W-100 2024/25 Water Main Installation Replacement Program $2,400,000 3,000,000 WOF (F) $400,000 $1,300,000 $1,300,000 $3,000,000W-101 5050 WTP Capital Repairs/ Filter Rehabilitation (Rename) $1,267,146 1,267,146 WOF (E ) $1,267,146 $1,267,146W-102 5051 2023/24 Water Main Installation Replacement Program (Rename) $2,400,000 2,400,000 WOF (F) $1,000,000 $1,400,000 $2,400,000 W-106 5054
2016/17 Water Main Installation/ Replacement Program See SS34 (Cornwall Neighborhood) $5,444,865 70,672 WFR (503)
940,000 Wbond 4,427,365 WOF
$5,444,865 $5,444,865
W-107 5063 Bodega Court Water System Loop Project $300,000 $300,000 WOF (E ) $300,000 $100,000 $400,000 W-109 5006 Water System Reliablity Project $800,000 $800,000 WOF (E ) $800,000 $800,000W-110 5004 East Ninth Street Water System Improvements $600,000 400,000 WOF (E ) 300,000 SOF (E ) $700,000 $700,000 $62,818,804 $19,613,804 $5,375,000 $3,575,000 $1,975,000 $1,475,000 $1,375,000 $33,388,804 Current New Future Total Funding
TOTALS
5/13/2022 722

ENGINEERING
DIVISIONCIP Section

SEWER PROJECTS
Project Summary
5 year CIP 2022-23 / 2026-2027
Funding ($)
Identified Funding
Available (N) = New
allocation (F) = Future
allocation (E ) = Existing
Current
Project
Funding ($)
FY 2022-23
($)
FY 2023-24
($)
FY 2024-25
($)
FY 2025-26
($)
FY 2026-27
($)
SS-1 5119 Citywide Sewer Inspection Project (5119) $112,410 112,410 SOF $112,410 $112,410 SS-2
2022/23 Sewer Replacement/ Rehabilitation Program (Central Addition Phase I) $2,400,000
200,000 SOF (N)
1,600,000 SOF(F)
500,000 SFR (F)
$200,000 $600,000 $1,500,000 $2,300,000
SS-4 5206 Sewer Master Plan Update $220,000 250,000 SOF (E ) $250,000 $250,000SS-20 P/A Highway Sewer Line Improvements $605,000 $0 SS-23 5201 Highway 4 Trunk Line Relief (Segment A) (2007-09)(5201) $3,404,000 200,000 SFR (E ) $200,000 $200,000SS-24 Bart Specific Plan Sewer Main $284,000 $0 SS-29 Highway 4 Trunk Line Relief (Segment B) $1,554,000 $0 SS-31 Oak Hills Center Sewer Main $650,000 $0
SS-34 5205 2016/17 Sewer Replacement/ Rehabilitation Program (5205) $11,627,500 4,850,000 SOF
460,000 SFR
5,300,000 WOF
940,000 Wbond
77,500 WFR
$11,627,500 $11,627,500
SS-36 5209
2020/21 Sewer Replacement/ Rehabilitation Program (11th Street Area) $3,400,000
1,600,000 SOF (E)
600,000 SFR (E)
1,000,000 SOF (N)
500,000 SOF (F)
$2,200,000 $1,000,000 500,000$ $3,700,000
SS-37 2024/25 Sewer Replacement/ Rehabilitation Program $2,400,000 2,400,000 SOF (F) $400,000 $2,000,000 $2,400,000 $26,656,910 $14,389,910 $1,200,000 $1,100,000 $1,900,000 $2,000,000 $0 $20,589,910 Current New Total Funding
Finance
No.

Future
Total
Funding
TOTALS
Item
No. Project Name
Estimated
Project Cost
($)
CIP Funding Schedule
5/13/2022 723

ENGINEERING
DIVISIONCIP Section

STORM DRAINAGE PROJECTS
Project Summary
5 year CIP 2022-23 / 2026-2027
Funding ($)
Identified Funding
Available (N) = New
allocation (F) = Future
allocation (E ) = Existing
Current Project
Funding ($)
FY 2022-
23 ($)
FY 2023-
24 ($)
FY 2024-
25 ($)
FY 2025-
26 ($)
FY 2026-
27 ($)
SD-2 Buchanan Park Parking Lot Retrofit $975,000 $0
SD-3 Full Trash Capture Device (Calfiornia Avenue and Loveridge Road $1,500,000 $0 SD-4 Full Trash Capture Devices (Citywide) $50,000 $0SD-5 W. 8th Street Storm Drain Pump Station $180,000 $0SD-6 Praxair Storm Water Diversion for Kirker Creek East of Loveridge Road $1,250,000 $0 SD-7
W. Leland Road Storm Drainage Improvements (Crestview Dr. to Burton Ave.) $680,000 $0
SD-8 Storm Drain Repairs on Buchanan Road/ West Leland Road $275,000 $0 SD-9 8336 Americana Park/North Parkside Storm Drainage Project (2009-01) $700,000 120,000 CCIF 580,000 IRRF (E ) $700,000 $700,000 SD-10 Kirker Creek Improvement (Loveridge Rd to Dow Channel) $1,210,000 $0SD-11 Storm Drain Master Plan Update $400,000 $0 SD-12 Kirker Creek Watershed Hwy 4 to Garcia $1,725,000 $0SD-13 Kirker Creek Watershed Leland Rd to Contra Costa Canal $671,500 $0SD-14 Kirker Creek Watershed Contra Costa Canal to Buchanan Road $595,000 $0SD-15 Kirker Creek Watershed Buchanan Road to Kingswood $2,060,000 $0SD-16 Kirker Creek Watershed Ventura Area $140,000 $0SD-17 Kirker Creek Watershed Stoneman Ave/Contra Costa Canal $1,005,000 $0SD-18 Kirker Creek Watershed LMC Area $1,079,000 $0SD-19 Lawlor Creek Watershed Hwy 4 to Leland $800,000 $0SD-20 Lawlor Creek Watershed Contra Costa Canal to Santa Maria Drive $280,500 $0SD-21 Lawlor Creek Watershed Leland Road to Oak Hills Circle $460,000 $0SD-22 Watershed 4 Willow Pass Road and Contra Costa Canal $178,500 $0 Finance
No. Item No. Project Name Total Funding Estimated Project Cost ($) CIP Funding Schedule
5/13/2022 724

ENGINEERING
DIVISIONCIP Section

STORM DRAINAGE PROJECTS
Project Summary
5 year CIP 2022-23 / 2026-2027
Funding ($)
Identified Funding
Available (N) = New
allocation (F) = Future
allocation (E ) = Existing
Current Project
Funding ($)
FY 2022-
23 ($)
FY 2023-
24 ($)
FY 2024-
25 ($)
FY 2025-
26 ($)
FY 2026-
27 ($)
Finance
No. Item No. Project Name Total Funding Estimated Project Cost ($) CIP Funding Schedule
SD-23 Watershed 4 Leland Road to Sugartree Drive $331,500 $0SD-24 Watershed 4 Rock Ridge Way to End of Jacqueline Drive $670,000 $0SD-25 Watershed 5 Hwy 4 to Paige Court $93,500 $0SD-26 Watershed 6 City Park Storm Drain $600,000 $0SD-29 Watershed 6 Dover Way Storm Drain $980,000 $0SD-30 Watershed 6 Leland Road/Arlington Drive to Kingston Place/Crestview Drive $1,250,000 $0SD-31 Watershed 6 Contra Costa Canal/Crestview Drive to Ramona Drive/Linscheid Drive $1,285,000 $0
SD-32 Watershed 6 Harbor Street/River Outfall to Harbor Street/School Street $1,225,000 $0SD-33 Watershed 6 Stone Harbour Drive/Morro Drive to Brighton Drive $800,000 $0SD-34 Watershed 6 Cumberland Drive/3rd Street to Railroad Avenue/7th Street $900,000 $0SD-35 Watershed 6 Marina Boulevard and Bayside Drive $250,000 $0SD-36 Watershed 6 8th Street/Railroad Avenue to 8th Street Outfall/ Montezuma Slough $2,000,000 $0
SD-39 Railroad & Civic Avenue Bioretention $520,000 $0SD-40 Environmental Center Parking Area Improvements $780,000 $0SD-41 Frontage Road Green Path $1,300,000 $0SD-42 Marina Parking Lot Modifications $650,000 $0SD-43 City Parking Lot Retrofit at Pittsburg/Antioch Hwy $780,000 $0SD-44 Railroad Avenue Bulb-Out Retrofit $1,000,000 $0SD-45 Range Road Roadway Bioretention $910,000 $0SD-46 Riverview Park Green Infrastructure Project $780,000 $0SD-47 Americana Park Detention Basin and Drainage Retrofits $1,500,000 $0SD-48 Willow Pass Road Roadway Bioretention $500,000 $0SD-49 Stoneman Avenue Storm Drain Replacement/Repair $500,000 $0 SD-50 Kirker Creek Slope Repair $700,000 $0
5/13/2022 725

ENGINEERING
DIVISIONCIP Section

BUILDING PROJECTS
Project Summary
5 year CIP 2022-23 / 2026-2027
Funding ($)
Identified Funding Available (N) = New
allocation (F) = Future allocation (E ) =
Existing
Current
Project
Funding ($)
FY 2022-23
($)
FY 2023-24
($)
FY 2024-
25 ($)
FY 2025-
26 ($)
FY 2026-
27 ($)
B-2 3118 Corporation Yard Fueling System Replacement Project $900,000 $400,000 Building & Fleet Maintenance $400,000 $400,000B-5 3119 Police Evidence & Intake Room Improvements $500,000 150,000 Building Maintenance (E ) 350,000 GF (E ) $500,000 $500,000 B-6 Police Evidence Storage Building $500,000 $0
B-7 Civic Center Repair $120,000 $0B-8 Lactation Room at City Hall $50,000 $0 B-12 Purchase Corp Yard Annex 359 E 12th St $1,650,000 $0B-52 Civic Center Parking Structure $5,000,000 $0 B-53 Downtown Surface Parking Lot $1,500,000 $0
B-54 Downtown Parking Structure $5,000,000 $0
B-55 Civic Center/Senior Center EOC Upgrades $80,000 $0 B-56 3120 Police Department Women's Locker Room Expansion $350,000 $50,000 GF (E ) $50,000 $50,000 $15,650,000 $950,000 $0 $0 $0 $0 $0 $950,000
Current New Total Funding
Finance
No.

Future
Total Funding
TOTALS
Item
No. Project Name
Estimated
Project Cost
($)
CIP Funding Schedule
5/13/2022 727

ENGINEERING
DIVISIONCIP Section

PARK PROJECTS
Project Summary
5 year CIP 2022-23 / 2026-2027
Funding ($)
Identified Funding Available (N) = New
allocation (F) = Future allocation (E )
= Existing
Current Project
Funding ($)
FY 2022-23
($)
FY 2023-24
($)
FY 2024-25
($)
FY 2025-26
($)
FY 2026-27
($)
PK-2 Old Growth Tree Care $100,000 $0
PK-4 3071 Annual Playground Replacement Project $640,000 240,000 PDF (E ) 75,000 PDF (N) 300,000 PDF(F) $240,000 $75,000 $75,000 $75,000 $75,000 $75,000 $615,000 PK-5 CASP Accessibility Improvements in Parks $150,000 $0 PK-6 3072 City Park Soccer Field Turf Replacement $250,000 250,000 PDF (E ) $250,000 $250,000 PK-7 De Anza Park Walkway Rehabilitation and Basketball Court $500,000 $0 PK-8 3076 Biennial Playfield Replacement $500,000 366,570 PDF (E ) 500,000 PDF(F) $366,570 $250,000 $250,000 $866,570 PK-9 3073 Annual Park Features Replacement Project $600,000 300,000 PDF (E ) 75,000 PDF (N) 300,000 PDF(F) $300,000 $75,000 $75,000 $75,000 $75,000 $75,000 $675,000 PK-10 3074 Biennual Restroom Replacement/Rehabilitation $750,000 390,000 PDF (E ) 250,000 PDF (N ) 250,000 PDF (F) $390,000 $250,000 $250,000 $890,000 PK-11 Buchanan Swim Center Improvements/Solar Heating $300,000 $0 PK-12 All Abilities Playground $2,000,000 $0
PK-13 3077 Park and Landscaping Improvement Project $200,000 250,000 PDF (E ) 100,000 PDF (F) $250,000 $50,000 $50,000 $350,000 PK-14 Skate Park at Stoneman North $480,000 $0
PK-15 3075 Annual Citywide Park Sign Replacement Program $400,000 150,000 PDF (E ) 50,000 PDF (N) 200,000 PDF (F) $150,000 $50,000 $50,000 $50,000 $50,000 $50,000 $400,000 PK-26 Buchanan Park Renovations $8,500,000 $0
PK-40 Dredge Buchanan Park Pond $200,000 $0
PK-41 Buchanan Park School Age Playground $250,000 $0
PK-42 3123 Oak Hills Park Restroom $500,000 $500,000 PDF (E ) 100,000 PDF (N) $500,000 $100,000 $600,000 $16,320,000 $2,446,570 $550,000 $500,000 $450,000 $500,000 $200,000 $4,646,570 Current New Total Funding
Finance
No.

Future
Total
Funding
TOTALS
Item
No. Project Name Estimated Project Cost ($)
CIP Funding Schedule
5/13/2022 728

ENGINEERING
DIVISIONCIP Section

GENERAL PROJECTS
Project Summary
5 year CIP 2022-23 / 2026-2027
Funding ($)
Identified Funding Available (N) =
New allocation (F) = Future
allocation (E ) = Existing
Current
Project
Funding ($)
FY 2022-
23 ($)
FY 2023-
24 ($)
FY 2024-
25 ($)
FY 2025-
26 ($)
FY 2026-
27($)
G-2 2215 City Standard Details Update $100,000
32,000 WOF(E)
11,000 SOF(E)
26,000 HUTA(E)
31,000 PDF (E )
30,000 SOF (N)
30,000 WOF (N)
$100,000 $60,000 $160,000
G-3 Buchanan Road Reader Board Replacement Project $25,000 $0 G-7 PG&E Street Light Facilities Acquisition $1,050,000 $0 G-9 ADA Transition Plan Update $50,000 $0G-12 City Limit Entrance Features $120,000 $0 G-18 2205
West Leland Road Underground Utilities (Railroad Avenue to Crestview Drive) $1,400,000 1,400,000 Rule 20A $1,400,000 $1,400,000
G-25
East 8th Street Underground Utilities (Railroad Avenue to Harbor Street) $840,000 $0
G-26 Install Citywide EV Charging Stations $200,000 30,000 SW 210 (N) $30,000 $30,000G-27 Citywide EV Infrastructure & Fleet Vehicle Upgrades $2,500,000 $0 G-28 Citywide Electrical Grid Upgrades (PD Cameras) $3,000,000 $0 $9,285,000 $1,500,000 $90,000 $0 $0 $0 $0 $0
Current New Total Funding
Finance No.

Future
Total
Funding
TOTALS
Item
No. Project Name Estimated Project Cost ($)
CIP Funding Schedule
5/13/2022 729

ENGINEERING

DIVISION
CIP Section

PITTSBURG POWER

PROJECTS
Project Summary
5 year CIP 2022-23 / 2026-2027
Funding ($)
Identified Funding Available
(N) = New allocation (F) =
Future allocation (E ) =
Existing
Current
Project
Funding ($)
FY 2022-23
($)
FY 2023-24
($)
FY 2024-25
($)
FY 2025-
26 ($)
FY 2026-
27 ($)
PP-1 5814 Cable Replacement Project $250,000 250,000 IE $250,000 $250,000 PP-2 5816 Duct Bank/Vault Replacements $550,000 450,000 IE $450,000 $450,000 PP-3 Upgrade Station M (Bldg 577) $180,000 $0
PP-5 5820 Waterfront Area Reliability Project $700,000 500,000 IE $500,000 $500,000 PP-8 5821 Outage Recovery Project $520,000
120,000 (E )
40,000 IE (N)
300,000 IE (F)
$120,000 $40,000 $100,000 $100,000 $100,000 $460,000
PP-9 Scada System Install Project $600,000 $0
PP-10 RA Replacement Project $320,000 $0
PP-13 North Island Ductbank Relocation
Project $1,200,000 $0
PP-15 5825 Station F Reconstruction $260,000 260,000 IE $260,000 $260,000 PP-16 New Station H Breaker Repair $300,000 $0
PP-17 New Residential Gas Valve Isolation
Installation $300,000 200,000 IE (F) $100,000 $100,000 $200,000 PP-18 New Electrical Substation Battery
Replacement $150,000 100,000 IE (F) $50,000 $50,000 $100,000 PP-19 New Former NRG Wharf Shore Power $850,000 500,000 EPA 541 (E ) 350,000 PPC (F) $500,000 $350,000 $850,000
$6,180,000 $2,080,000 $40,000 $600,000 $250,000 $100,000 $0 $3,070,000 Current New Total Funding
Finance No.

Future
Total Funding
TOTALS
Item
No. Project Name Estimated
Project Cost ($)
CIP Funding Schedule
5/19/2022 730

ENGINEERING
DIVISIONCIP Section

MARINA PROJECTS
Project Summary
5 year CIP 2022-23 / 2026-2027
Funding ($)
Identified Funding
Available (N) = New
allocation (F) = Future
allocation (E ) = Existing
Current Project
Funding ($)
FY 2022-
23 ($)
FY 2023-
24 ($)
FY 2024-
25 ($)
FY 2025-
26 ($)
FY 2026-
27 ($)
M-2 5504 Boat Launch Facility and Central Harbor Park Upgrades $1,500,000 $172,155 Cal Delta Conservency (E ) $172,155 $172,155M-4 Replace Covered Berths in Basin 3 (sheds 1,2, & 3) $425,000 $0M-5 Re-model Restrooms and Showers in Riverview Basin $225,000 $0M-8 Marina South Parking Lot Improvements $50,000 $0 M-10 Riverview Park Pier Repairs $75,000 $0M-11 5502 Marina Infrastructure Repair & Replacement $500,000 40,000 ME (E ) $40,000 $40,000 M-12 Pittsburg Wharf Repair Project $11,600,000 $0M-13 Waterfront Breakwater Maintenance $285,000 $0 M-14 Marina Sheds Repair & Replacement $2,000,000 $0M-15 Marina Trail Construction $195,000 $0 M-16 Regular Maintenance of Marina Parking Lots $360,000 $0 $17,215,000 $212,155 $0 $0 $0 $0 $0 $212,155
Current New Total Funding
Finance
No.

Future
TOTALS
Total Funding Item No. Project Name Estimated Project Cost ($) CIP Funding Schedule
5/16/2022 731

CAPITAL IMPROVEMENT PROGRAM

STREET PROJECTS
732
ST-1: RANGE ROAD OVERCROSSING
ST-1: RANGE ROAD OVERCROSSING
Project No. Status:

Unknown Awaiting funding.

Estimated Project Cost: Project Limits:
$25,000,000 State Route 4 at Range Road
Funding Sources
Eligible Funding Source: TMF
Identified Funding: None
Project Description:

This project includes planning, design and construction of an over-crossing on State Route 4 at Range Road. This project will significantly improve the level of service of the over-crossings at Railroad Avenue and Bailey Road. Project will accommodate bicycle facilities where appropriate.
733
ST-2: BART PEDESTRIAN AND BICYCLE CONNECTIVITY PROJECT
ST-2: BART PEDESTRIAN AND BICYCLE CONNECTIVITY

PROJECT
Project No. 2019 Status: Design: To Be Completed 2021
Construction: Start 2021 and Complete By 2022
Estimated Project Cost: Project Limits: Railroad Ave from School $5,520,000 St. to Delta De-Anza Trail, California Ave. from Harbor St. to Railroad Ave., Bliss Ave. from BART
Parking Lot to Railroad Ave.

Funding Sources:

CMAQ-T5-OBAG2-CO: $3,870,000
SALESTAX-MEASURE J-CC: $600,000
Safe Routes to BART (SR2B) Grant: $700,000
Local Measure J: $50,000
Local Traffic Mitigation Fee (LTMF): $300,000
Project Description:

The Pedestrian and Bicycle Connectivity Project will design and construct Class I bikeways and Class IV buffered bikeways within existing public right-of-way that will include additional parallel parking, trail lighting, intersection corner treatments, wayfinding and service information signage, and fencing. The project is broken down to four distinct areas, which include the following: 1) Class IV buffered bike lanes on both sides of Railroad Avenue from California Avenue to 17th Street, 2) Class I path on west side of Railroad Avenue from State Route 4 to the Delta De-Anza Trail, 3) Class I path along the north side of properties along Bliss Avenue from BART Parking facility to Railroad Avenue, and 4) Class I path along the south side of California Avenue between Railroad Avenue and Harbor Street. 734
ST-4: DELTA DEANZA TRAIL ROADWAY CROSSING IMPROVEMENTS
ST-4: DELTA DEANZA TRAIL ROADWAY CROSSING

IMPROVEMENTS
Project No. Status:

Unknown Conceptual Design
Estimated Project Cost: Project Limits:
$150,000 Delta DeAnza Trail Crossing at Atherton Avenue, Crestview Drive, Presidio Lane, and Gladstone
Drive
Funding Sources
Eligible Funding Sources: Gas Tax, Measure J
Identified Funding: 2019/20 TDA grant ($120,000)
Project Description:

Install Rectangular Rapidly Flashing Beacons (RRFB’s), curb extensions, median pedestrian refuge, high visibility crosswalks, red curb, wayfinding signage, roadway markings and roadway signage at four (4) roadway crossings along the Delta De Anza Regional Class 1 Trail.
735
ST-5: STREET MEDIAN/LANDSCAPING IMPROVEMENTS
ST-5: STREET MEDIAN/LANDSCAPING IMPROVEMENTS
Project No. Status:

TBD Evaluating needs.

Estimated Project Cost: Project Limits:
$520,000 Project locations TBD
Funding Sources:

Eligible Funding Source: TBD
Identified Funding: None
Project Description:

This project includes the construction of new street medians/green infrastructure features and landscaping in various locations throughout the City. 736
ST-6: BAILEY ROAD INTERIM REPAIRS
ST-6: BAILEY ROAD INTERIM REPAIRS
Project No. Status:

TBD Awaiting funding
Estimated Project Cost: Project Limits:
$615,000 West Leland Road to City Limit (1,600 feet
south)
Funding Sources
Eligible Funding Source: Measure J, Keller
Canyon Mitigation Funds
Identified Funding: $615,000 Keller
Project Description:

This project will construct interim pavement rehabilitation on Bailey Road from West Leland Road to the City Limit Line approximately 1,600 feet south of West Leland Road. This project will be followed up by a full roadway rehabilitation several years later.
737
ST-7: HSIP 10- SIGNAGE AND STRIPING IMPROVEMENTS

ST-7: HSIP 10- SIGNAGE AND STRIPING IMPROVEMENTS
Project No. Status: Funded
TBD
Estimated Project Cost: Project Limits:
$2,965,700 Various Arterial Roads
Funding Sources:

Identified Funding Source: Highway Safety
Improvement Program: Cycle 10 $2,965,700
Project Description:

This project will consist of installation and/or upgrade of signs with new fluorescent sheeting, completion of a Citywide roadway safety signing audit and modifications to edge-line and centerline striping. Project improvement locations are focused on various arterial roads such as Railroad Ave, Willow Pass Rd, Bailey Rd, Pittsburg-Antioch Highway, East Leland Rd, Loveridge Rd, Buchanan Rd, West 10th St, Harbor St, North Parkside Dr, California Ave, Century Boulevard and East 14th St.
738
ST-8: BRIDGE MAINTENANCE AND REPAIRS
ST-8: BRIDGE MAINTENANCE AND REPAIRS
Project No. Status:

TBD
Estimated Project Cost: Project Limits:
$100,000 19 Bridges Citywide
Funding Sources
Eligible Funding Source: Measure J, RMRA,
HUTA
Identified Funding: $20,000 HUTA
Project Description: The City of Pittsburg is responsible for the maintenance and repair of 19 bridges within the City Limits. This project will dedicate funds to complete required repairs.
739
ST-9: INTERSECTION GEOMETRIC IMPROVEMENTS (SAN MARCO BOULEVARD &

WEST LELAND ROAD
ST-9: INTERSECTION GEOMETRIC IMPROVEMENTS (SAN

MARCO BOULEVARD & WEST LELAND ROAD)
Project No. Status:

TBD Awaiting funding
Estimated Project Cost: Project Limits:
$125,000 Along northbound San Marco Boulevard, between
West Leland Road and SR 4 Westbound Onramp.

Funding Sources
Eligible Funding Source: LTMF, Developer
Identified Funding: None
Project Description:

The project provides for geometric improvements along San Marco Boulevard northbound lanes, between West Leland Road and State Route 4 Eastbound On-ramp. The scope of work includes adding an auxiliary lane that would connect the free right-turn lane from westbound West Leland Road to the eastbound freeway on-ramp at State Route 4. It is intended that the geometry will accommodate Class 2 bike lanes. The improvements will add capacity along NB San Marco Boulevard near the freeway interchange, provide efficient signal timing, improve intersection level of service, and reduce vehicle queuing on the WB approach to San Marco Blvd./West Leland Rd. intersection, as well as along NB San Marco Boulevard approaching State Route 4. The geometric improvements will require ROW acquisition from an undeveloped parcel along the east side of San Marco Blvd. 740
ST-10: EL PUEBLO AREA RECONSTRUCTION/ ADA IMPROVEMENTS
ST-10: EL PUEBLO AREA RECONSTRUCTION/ ADA

IMPROVEMENTS
Project No. Status:
2012-05B Awaiting Funding
Estimated Project Cost: Project Limits:
$300,000 Treatro Street, Del Tren Avenue, and
Hermosa
Funding Sources:

Eligible Funding Source: County, Measure J,
Gas Tax
Identified Funding: Unknown
Project Description:

Reconstruction of the remaining streets in the El Pueblo Area including Treatro Street, Del Tren Avenue, and Hermosa. Project includes ADA and other pedestrian safety improvements.
741
ST-11: HSIP 10 – CRESTVIEW DRIVE PAVEMENT AND PEDESTRIAN

IMPROVEMENTS PROJECT
ST-11: HSIP 10 – CRESTVIEW DRIVE PAVEMENT AND

PEDESTRIAN IMPROVEMENTS PROJECT
Project No. Status:
2028 Funded
Estimated Project Cost: Project Limits:
$650,000 Crestview Drive
Funding Sources:

Identified Funding: Highway Safety
Improvement Program Cycle 10 $378,220
$41,180 RMRA
Additional: $100,000 RMRA & $100,000 HUTA
Project Description:

This project will consist of upgrading the intersection pavement markings, installation of raised medians and pedestrian crossing enhancements. Improvements for six intersections; Crestview Drive and Nina Place, Crestview Drive and AltaVista Circle/Sunnyhill Way, Crestview Drive and Kingsberry Place, Crestview Drive and Atherton Avenue, Crestview Drive and William Way and Crestview Drive and Crestview Lane.
742
ST-12: SAN MARCO BOULEVARD WIDENING
ST-12: SAN MARCO BOULEVARD WIDENING
Project No. Status:

Unknown Unfunded
Estimated Project Cost: Project Limits:
$125,000 West Leland Road to State Route 4 eastbound onramp Funding Sources:

TBD
Project Description:

Widen San Marco Boulevard 12 feet to the east, from West Leland Road to the State Route 4 eastbound on-ramp. This widening will accommodate an auxiliary/merging lane on northbound San Marco Boulevard that will be used as a receiving lane for vehicles turning right from westbound West Leland Road, as well as for vehicles turning right onto the SR4 eastbound on-ramp from southbound San Marco Blvd.
743
ST-15: EAST THIRD STREET STREETSCAPE IMPROVEMENTS

ST-15: EAST THIRD STREET STREETSCAPE IMPROVEMENTS
Project No. Status:

TBD Awaiting funding
Estimated Project Cost: Project Limits:
$1,500,000 East Third Street, from Marina Boulevard to
Harbor Street
Funding Sources
Eligible Funding Source: OBAG, Measure J,
Proposition 1 Grants
Identified Funding: none
Project Description:

This project will design and construct streetscape improvements along East Third Street.

Portions of the roadway will need to be widened, while a “road diet” will be performed on other sections with a reduction from four through lanes, parking lanes and median to two through lanes, turning lanes, parking lanes and Class 2 bicycle lanes. Sidewalk will be widened and installed. Bus pull-outs and curb bulb-outs will also be included to enhance walkability and promote alternative modes of transportation. Green infrastructure improvements such as bioswales will be installed to treat surface stormwater runoff. 744
ST-16: 2021/22 CDBG CURB RAMP REPLACMENT

PROJECT
Project No. Status:
4065 Construction
Estimated Project Cost: Project Limits:
$232,508 Willow Landing and Hillsdale Subdivisions
Funding Sources
CDBG
Identified Funding Source: $232,508 CDBG
Project Description:

Project 4065, 2021/2022 CDBG ADA Curb Ramp Installation Project is for the construction of 36 curb ramps in the neighborhoods located in the Willow Landing and Hillsdale subdivisions.
745
ST-19: Marina Boulevard Buffered Bike Lanes
ST-19: Marina Boulevard Buffered Bike Lanes
Project No. Status: Conceptual plan
TBD
Estimated Project Cost: Project Limits:
$140,000 Marina Blvd from Black Diamond Street to Herb
White Way
Funding Sources:

Eligible Funding Source: TDA Grant, Measure J,
Gas Tax
Identified Funding Source: $56,100 TDA
Project Description: Construct buffered bicycle lanes on Marina Blvd. includes removal of existing raised concrete island and installation of buffered bike lane pavement markings, signage, and colored conflict zones.
746
ST-20: SB1 2025/26 PAVEVEMENT MANAGEMENT PROJECT

ST-20: SB1 2025/26 PAVEMENT MANAGEMENT PROJECT
Project No. Status:

TBD Projected Funding FY 25/26
Estimated Project Cost: Project Limits:
$1,100,000 To Be Determined
Funding Sources
Eligible Funding Sources: Gas Tax, Measure J,
RMRA
Identified Funding: $1,100,000 RMRA
Project Description:

The project will use a variety of pavement management techniques including, slurry seal, patch paving, pavement overlay, pavement inlay, pavement reconstruction, base failure repairs and crack sealing as appropriate to extend the useful life of the roadway. 747
ST-21: RAILROAD AVENUE/LELAND ROAD GEOMETRIC IMPROVEMENTS ST-21: RAILROAD AVENUE/LELAND ROAD GEOMETRIC

IMPROVEMENTS
Project No. Status:

TBD
Estimated Project Cost: Project Limits:
$525,000
Funding Sources
Eligible Funding Sources: grants, LTMF
Identified Funding: None
Project Description:

The project would construct the following improvements to the Railroad Avenue / West Leland Road / East Leland Road intersection: 1.) an additional southbound left-turn lane on Railroad Avenue, and 2.) an eastbound right-turn lane on East Leland Road. These improvements will increase the intersection’s capacity and improve its level of service. 748
ST-23: LEFT TURN LANE BAILEY ROAD/WILLOW AVENUE
ST-23: LEFT TURN LANE BAILEY ROAD/WILLOW
AVENUE
Project No. Status:

TBD Awaiting funding.

Estimated Project Cost: Project Limits:
$200,000 Bailey Road at the intersection of Willow
Avenue
Funding Sources:

Eligible Funding Source: Measure J,
Developer Funds
Identified Funding Source: None
Project Description:

This project will construct a left turn pocket on southbound Bailey Road at the intersection of Willow Avenue.
749
ST-25: REBUILD RANGE ROAD/WILLOW PASS ROAD INTERCHANGE
ST-25: REBUILD RANGE ROAD/WILLOW PASS ROAD

INTERCHANGE
Project No. Status:

TBD Awaiting funding.

Estimated Project Cost: Project Limits:
$4,200,000 Intersection of Range Road/Willow Pass Road
Funding Sources
Eligible Funding Source: TMF
Identified Funding: None
Project Description:

This project will construct a four-lane arterial roadway facility with associated turning lanes to replace the Willow Pass Road/Range Road/ North Parkside Drive interchange structure and provide for safer turning movements for vehicles moving between streets. Project will accommodate bicycle facilities where appropriate. 81% TMF eligible.
750
ST-27: BAILEY ROAD OPERATIONAL SAFETY IMPROVEMENTS
ST-27: BAILEY ROAD OPERATIONAL SAFETY

IMPROVEMENTS
Project No. Status:

TBD Unfunded
Estimated Project Cost: Project Limits:
$300,000 City owned section of Bailey Road south of
Willow Ave
Funding Sources
Eligible Funding Source: Measure J
Identified Funding Source: None
Project Description:

This project will provide safety improvement, including pavement rehabilitation, restriping and shoulder improvements, to the City owned southern portion of Bailey Road between Concord and Keller Canyon Landfill.

INSTALL 50' OF CENTERLINE DETAIL 21
LIMIT OF CITY ROW IS 1' BEHIND S/W
10'

FIELDGATEDRIVE
INSTALL W17 "STOP AHEAD" SIGN 30" x 30"
7 INSTALL DETAIL 23 (0R DETAIL 21) 80' (10' FROM CLOVERBROOK 5' INSTALL 8' "STOP AHEAD" MARKINGS

FACE OF CURB, SOUTH
INSTALL R1 "STOP SIGN" 30" X 30"
INSTALL DETAIL 23 (0R DETAIL 21) 200'-FROM LIMIT LINE NORTH INSTALL 8' STOP MARKINGS 8' BEHIND LIMIT LINE

SOUTHWOODDRIVE
INSTALL R1 "STOP SIGN" 30" X 30"
20'
TO CLOVERBROOK INSTALL DETAI L 23 (0R DETAIL 21) 145'-FROM LIMIT LINE, SOUTH

OAKHILLSPARK

CLOVERBROOKCIRCLE
10'
10'
INSTALL 12" LIMIT LINE
INSTALL 30" x 30" R1
LIMIT OF CITY ROW IS 1' BEHIND S/W
INSTALL LIMIT LINE 15' BEHIND OAK HILLS DRIVE NORTH FACE OF CURB INSTALL 50' OF CENTERLINE DETAIL 21

OAK HILLS DRIVE SOUTH FACE OF CURB
INSTALL 8' STOP LEGEND
INSTALL 30" x 30" R1
15'
15'
INSTALL LIMIT LINE 15' BEHIND
STOP
OTS P
STOP
INSTALL 8' STOP LEGEND

PROJECT

LOCATION
751
ST-28: WEST LELAND STREET LIGHTING PROJECT (RAILROAD AVENUE TO

CRESTVIEW DRIVE)
ST-28: WEST LELAND STREET LIGHTING PROJECT
(RAILROAD AVENUE TO CRESTVIEW DRIVE)
Project No. Status:
2205 Construction
Estimated Project Cost: Project Limits: W. Leland Road from Railroad $760,000 Avenue to Crestview Drive and at the Delta
DeAnza trail crossing/Crestview Drive.

Funding Sources
Eligible Funding Sources: Measure J, Gas Tax,
CCIR
Identified Funding: $458,000 Gas Tax, $277,000
CCIR, $25,000 PDF
Project Description:

The project will install conduits and street lighting along West Leland Road from Railroad Avenue to Crestview Drive and lights at the Delta DeAnza trail crossing at Crestview Drive.

This project is necessary to replace street lights that will be removed during the underground utility project currently underway by PG&E. The new street lighting will provide lighting levels that are up to current standards.
752
ST-29: WESTBOUND HWY. 4 OFFRAMP AT RAILROAD AVENUE
ST-29: WESTBOUND HWY. 4 OFFRAMP AT RAILROAD
AVENUE
Project No. Status:

TBD Unfunded
Estimated Project Cost: Project Limits:
$12,100,000 Railroad Avenue at State Route 4, California Avenue between Harbor Street and Railroad
Avenue
Funding Sources:

Eligible Funding Source: TBD
Identified Funding: None
Project Description:

This project includes planning, design and construction of a westbound off-ramp on State Route 4 at Railroad Avenue. A traffic analysis is needed to address impacts on traffic patterns along California Avenue, Harbor Street and Railroad Avenue.
753
ST-30: EAST LELAND/LOS MEDANOS COLLEGE (EASTERN ENTRANCE) ST-30: EAST LELAND/LOS MEDANOS COLLEGE
(EASTERN ENTRANCE)
Project No. Status:

TBD Awaiting funding.

Estimated Project Cost: Project Limits:
$420,000 East Leland Road at LMC Eastern
Exit/Century Blvd.

Funding Sources:

Eligible Funding Source: Measure J,
Developer, LTMF
Identified Funding: none
Project Description:

This project will increase the length of the left turn pocket on eastbound East Leland Road at Century Blvd. This project is expected to decrease the length of the queue backing-up in the number one lane and provide eastbound vehicles added safety entering/exiting the Los Medanos driveway. Partial funding has been identified as mitigation to development on Century Blvd. 72% TMF eligible. 754
ST-31: CENTURY BOULEVARD CLASS III BICYCLE FACILITY
ST-31: CENTURY BOULEVARD CLASS III BICYCLE FACILITY
Project No. Status:

TBD Awaiting funding

Estimated Project Cost: Project Limits:
$ 60,000 Century Blvd from Somersville Road to Contra
Costa Canal
Funding Sources
Eligible Funding: Measure J, Prop. 42, Grants
Identified Funding: none
Project Description:

This project will re-stripe Century Boulevard from the city limits at Auto Center Drive to the Los Medanos Wasteway, to provide a Class III bicycle facility. The project will restripe this section of Century Blvd to provide two 11’ through lanes and a 4’ shoulder. 755
ST-32: Century Boulevard Class 2 Bicycle Lanes
ST-32: Century Boulevard Class 2 Bicycle Lanes
Project No. Status:

TBD Unfunded
Estimated Project Cost:
$225
Project Limits:
$75,000 On both sides of Century Boulevard, from State
Route 4 undercrossing to North Park Boulevard.

Funding Sources
Eligible Funding Sources: Gas Tax, Measure J,
IRRF, IE, PP, Grants
Identified Funding: none
Project Description:

This project will widen Century Boulevard to accommodate Class 2 bike lanes in both directions, from State Route 4 undercrossing to North Park Boulevard (approximately 480 lf).
756
ST-33: SB1 2021/22 PAVEMENT MANAGEMENT PROJECT

ST-33: SB1 2021/22 PAVEMENT MANAGEMENT PROJECT
Project No. Status:
2029 Projected Funding FY 21/22

Estimated Project Cost: Project Limits:
$1,100,000 West Leland Road from South Broadway Street to Railroad Avenue
Funding Sources
Eligible Funding Source: Gas Tax, Measure J,
RMRA
Identified Funding: $1,100,000 RMRA
Project Description:

This project will reconstruct/improve the pavement on West Leland Road from Railroad Avenue to South Broadway Street. The project will use a variety of pavement management techniques including, slurry seal, patch paving, pavement overlay, pavement inlay, base failures and crack sealing.
757
ST-34: WEST LELAND ROAD SAFETY IMPROVEMENTS
ST-34: WEST LELAND ROAD SAFETY IMPROVEMENTS
Project No. Status:

TBD Awaiting Funds
Estimated Project Cost:
$225
Project Limits:
$150,000 West Leland Road from John Henry Johnson
Parkway to Range Road
Funding Sources
Eligible Funding Sources: Gas Tax, Measure J,
IRRF, IE, PP, Grants
Identified Funding: none
Project Description:

To prevent errant eastbound vehicles from entering the Contra Costa Canal, construct a concrete barrier along the south side of West Leland Road in front of golf course prior to and along curve to the left (approximately 300 lf.), relocate existing sidewalk behind concrete barrier, install large curve warning signage with flashing beacons facing eastbound traffic prior to curve, and restripe center median markings with Detail 23 (markers) on top of Detail 21 (thermoplastic). This project was part of a recommendation by the City’s Traffic Committee.
758
ST-36: JAMES DONLON BOULEVARD EXTENSION DESIGN AND

CONSTRUCTION
ST-36: JAMES DONLON BOULEVARD EXTENSION

DESIGN AND CONSTRUCTION
Project No. Status:
3015 Design in Progress
Estimated Project Cost: Project Limits:
$95,610,000 Eastern city limits to Kirker Pass Road
Funding Sources:

Eligible Funding Source: TMF, Regional TMF/
PRTDIM/Developer/Measure J
Identified Funding: $1,880,000 LTMF,
$14,220,000 Developer/Local Match,
$63,404,800 RTMF,
$14,495,200 TBD ($6,200,000 has been
allocated to this project)
Project Description:

The project will design and construct an additional east-west connection between East and Central County by adding a new link between James Donlon Boulevard in Antioch and Kirker Pass Road. The new roadway, formerly known as the Buchanan Road Bypass, will relieve congestion and other future travel demand on Buchanan Road. This project will be funded with 68% RTMF, 22% LTMF, 7% other funds.

N
759
ST-37: Railroad Avenue Complete Streets
ST-37: Railroad Avenue Complete Streets
Project No. Status: Conceptual plan
TBD
Estimated Project Cost: Project Limits:
$1,000,000 Railroad Avenue from Center Drive to Bliss
Avenue
Funding Sources:

Eligible Funding Source: TDA, Measure J, Gas
Tax, Developer
Identified Funding: none
Project Description: This project will construct improvements that will enable safe access for all users, including pedestrians, bicyclists, motorists and transit riders of all ages and abilities. A number of improvements are planned for Railroad Avenue, between Center Drive and Bliss Avenue, that will improve access including bulb-outs, green bicycle lanes/conflict zones, enhanced crosswalks, transit improvements, pedestrian storage areas, and class IV bicycle facility.
760
ST-40: FY 2025/26 STREET MAINTENANCE PROJECT
ST-40: FY 2025/26 STREET MAINTENANCE PROJECT
Project No. Status:

TBD Projected Funding FY25/26
Estimated Project Cost: Project Limits:
$400,000 To Be Determined
Funding Sources:

Eligible Funding Source: Gas Tax
Identified Funding: $200,000 HUTA,
$200,000 RMRA
Project Description:

This project will be determined based on use of the Pavement Management System (PMS) and Staff input. The project will use a variety of pavement management techniques including, slurry seal, patch paving, base failures, and crack sealing as appropriate to extend the useful life of the roadway. 761
ST-41: ANNUAL CITYWIDE FENCE, SOUNDWALL, STREETLIGHT REPLACEMENT & INSTALLATION PROJECT
ST-41: ANNUAL CITYWIDE FENCE,SOUNDWALL,

STREETLIGHT REPLACEMENT & INSTALLATION PROJECT
Project No. Status:
2017/3332 Analyzing Priorities
Estimated Project Cost: Project Limits:
$75,000 Citywide
Funding Sources:

Eligible Funding Source: HUTA, Measure J
Identified Funding Source MJ $75,000
Project Description:

This project is for the replacement of damaged or deteriorated fencing, sound walls, streetlights that the City is responsible for maintaining. This project also includes new installations determined to be required for public safety and protection. 762
[Type here]
ST-47: FY 20/21 STREET MAINTENANCE PROJECT
ST-47: FY 20/21 STREET MAINTENANCE PROJECT
Project No. Status:
2232 Funded
Estimated Project Cost: Project Limits:
$400,000 Covington, Ashbury Way, Dover Way,
Arlington Drive, Frontage Road, Chelsea
Way, Salisbury Drive, Alta Court, Rossmore
Court
Funding Sources:

Eligible Funding Source: HUTA, Measure J,
RMRA, General Fund
Identified Funding: $850,000 RMRA &
HUTA
Project Description:

This project will use a variety of pavement management techniques including, slurry seal, patching paving, and crack sealing as appropriate to extend useful life of the roadway. Locations based on Pavement Management System and Public Works input.
763
ST-48: FY21/22 STREET MAINTENANCE PROJECT
ST-48: FY 21/22 STREET MAINTENANCE PROJECT
Project No. Status:
2024 Funded
Estimated Project Cost: Project Limits:
$400,000 Covington Dr, Ashbury Way, Dover Way,
Arlington Dr, Garcia Avenue (Piedmont to
Harbor)
Funding Sources:

Eligible Funding Source: Gas Tax
Identified Funding: $36,000 HUTA, $36,000
RMRA
Project Description:

This project will be determined based on use of the Pavement Management System (PMS) and Staff input. The project will use a variety of pavement management techniques including, slurry seal, patch paving, base failures, and crack sealing as appropriate to extend the useful life of the roadway. 764
ST-49: MARINA BOULEVARD IMPROVEMENTS (Marina Master Plan Phase III)

ST-49: MARINA BOULEVARD IMPROVEMENTS (Marina
Master Plan Phase III)
Project No. Status:

TBD Awaiting Funding
Estimated Project Cost: Project Limits: Marina Boulevard from $1,550,000 3rd Street north
Funding Sources:

Eligible Funding Source: Grants
Identified Funding: None
Project Description:

Reconfiguration of Marina Boulevard to reduce the number of travel lanes from 4 to 2, and add diagonal parking and green streets improvements to treat surface stormwater runoff.
765
ST-50: RAILROAD AVENUE NORTHBOUND RIGHT-TURN LANE AT HIGHWAY 4 ST-50: RAILROAD AVENUE NORTHBOUND RIGHT-TURN LANE
AT HIGHWAY 4
Project No. Status:

TBD Awaiting funding
Estimated Project Cost: Project Limits:
$300,000 Railroad Avenue (northbound only), from Bliss
Avenue to State Route 4 eastbound on-ramp
Funding Sources:

TBD
Project Description:

Widen northbound Railroad Avenue approach to State Route 4 eastbound on-ramp to allow for an exclusive 100 LF right-turn lane. This widening may necessitate removal of a eucalyptus tree and relocation of two 1-B traffic signal poles. 766
ST-51: STONEMAN AVENUE PEDESTRIAN SAFETY IMPROVEMENTS
ST- 51: STONEMAN AVENUE PEDESTRIAN SAFETY

IMPROVEMENTS
Project No. Status:
3115 Construction

Estimated Project Cost: Project Limits:
$1,180,000 Three intersections on Stoneman Avenue
(Briarcliff Drive, Meadowbrook Circle,
Meadowbrook Avenue)
Funding Sources
Eligible Funding Source: Gas tax, Measure J,
SR2S
Identified Funding: $880,000 HSIP-8, $300,000
RMRA
Project Description:

Upgrade intersection pavement markings/signage and install pedestrian HAWK signals for existing crosswalks at three intersections on Stoneman Avenue (Meadowbrook Avenue, Meadowbrook Circle, and Briarcliff Drive). Install dynamic/variable speed warning signs along Stoneman Avenue.
767
ST-52: ANNUAL CITYWIDE STRIPING & SIGNAGE PROJECT
ST- 52: ANNUAL CITYWIDE STRIPING & SIGNAGE PROJECT
Project No. Status:

TBD Funded
Estimated Project Cost: Project Limits:
$50,000 Citywide
Funding Sources:

Eligible Funding Source: HUTA, Measure J,
RMRA
Identified Funding: $50,000 HUTA
Project Description:

This project will provide funding to complete new installation of signing and striping improvements or removal and replacement of existing signing and striping at locations Citywide. Priority for locations will be determined by Public Works and Engineering Departments.
768
ST-54: AVILA ROAD WIDENING (Willow Pass to City Limits) ST-54: AVILA ROAD WIDENING (Willow Pass to City
Limits)
Project No. Status:

TBD Awaiting funding.

Estimated Project Cost: Project Limits:
$11,520,000 Southwest area of Pittsburg
Funding Sources:

Eligible Funding Source: TMF/Developer
Identified Funding: TBD
Project Description:

This project will widen Avila Road to 4 lanes with a raised median and sidewalks.

The project will accommodate bicycle facilities where appropriate. 66% TMF Eligible.
769
ST-55: W. LELAND ROAD EXTENSION PHASE II
Project No. Status:
3011 Construction of Phase IIB
Estimated Project Cost: Project Limits:
$10,000,000 Villa Drive to Santa Theresa Phase IIB, Santa Teresa to Avila Road
Funding Sources:

Eligible Funding Source: TMF/Developer
Identified Funding: $50,000 LTMF (plan
check)
Project Description:

This project will extend W. Leland Road from San Marco Boulevard to Avila Road. The new road will be 4 lanes with a raised median and sidewalks. The project will accommodate bicycle facilities where appropriate. 68% TMF Eligible. 770
ST-56: SAN MARCO BOULEVARD (Terminus to Bailey Road)
ST-56: SAN MARCO BOULEVARD (Terminus to Bailey
Road)
Project No. Status:
3014 Partial Funded
Estimated Project Cost: Project Limits:
$14,038,000 Southwest area of Pittsburg
Funding Sources:

Eligible Funding Source: TMF/Developer
Identified Funding: $100,000 LTMF
Project Description:

The project will extend San Marco Boulevard to Bailey Road. The new roadway will accommodate bicycle facilities where appropriate. The project is 79% TMF eligible.
771
ST-57: PITTSBURG-ANTIOCH HIGHWAY WIDENING
ST-57: PITTSBURG-ANTIOCH HIGHWAY WIDENING
Project No. Status:

To be determined Awaiting funding (local and regional fees) and/or frontage development to occur
Estimated Project Cost: Project Limits:
$11,070,000 Pittsburg-Antioch Highway, from Loveridge Road to eastern City limits at Arcy Lane.

Funding Sources
Eligible Funding Source: LTMF (80%), PRTDIM,
Measure J, Gas Tax Revenues, Grants, Developer
Identified Funding Source: None
Project Description:

This project will widen Pittsburg-Antioch Highway from 2-lanes to 4-lanes. The project will accommodate bicycle facilities where appropriate. Roadway widening to accommodate a center storage lane for left-turns in front of businesses (2WLTL) is provided under CIP Item ST-58. The regional project limits for widening Pittsburg-Antioch Highway to 4-lanes extend to Somersville Road in the City of Antioch. 81% TMF eligible.
772
ST-58: PITTSBURG-ANTIOCH HIGHWAY TWO-WAY LEFT TURN LANES ST-58: PITTSBURG-ANTIOCH HIGHWAY TWO-WAY

LEFT TURN LANES
Project No. Status:

TBD Awaiting funding.

Estimated Project Cost: Project Limits:
$300,000 Section of Pittsburg-Antioch Highway
between Loveridge Road and Arcy Lane
Funding Sources:

Eligible Funding Source: Developer, TMF
Identified Funding: TBD
Project Description:

This project will construct a two-way left turn lane for businesses located along Pittsburg-Antioch Highway between Loveridge Road and Arcy Lane. The project will accommodate bicycle facilities where appropriate. This project may be constructed as development occurs prior to a larger widening project. 81% TMF eligible.

Pro N ject Location
773
ST-59: SB1 FY 2022/23 PAVEMENT MANAGEMENT PROJECT

ST-59: SB1 FY 2022/23 PAVEMENT MANAGEMENT PROJECT
Project No. Status:

TBD Projected Funding FY 22/23
Estimated Project Cost: Project Limits:
$1,100,000 To be determined.

Funding Sources
Eligible Funding Sources: Gas Tax, Measure J,
RMRA
Identified Funding: $800,000 RMRA
Project Description:

ST-60: FY 2022/23 STREET MAINTENANCE PROJECT
Project No. Status:

TBD Projected Funding FY 22/23
Estimated Project Cost: Project Limits:
$400,000 TBD
Funding Sources
Eligible Funding Sources: Gas Tax, Measure J,
RMRA
Identified Funding: $200,000 Gas Tax RMRA,
$200,000 HUTA
Project Description:

This project will be determined based on use of the Pavement Management System (PMS) and Staff input. The project will use a variety of pavement management techniques including, slurry seal, patch paving, pavement overlay, pavement inlay, pavement reconstruction, and crack sealing as appropriate to extend the useful life of the roadway. 775
ST-64: LINSCHEID DRIVE TRAFFIC CALMING
ST-64: LINSCHEID DRIVE TRAFFIC CALMING
Project No. Status:

To be determined To be designed, awaiting funding
Estimated Project Cost: Project Limits:
$100,000 Intersection of Linscheid Dr., Ramona St.,
and Madoline St., and its approaches
Funding Sources
Eligible Funding Source: Measure J, Gas
Tax Revenues, Grants (TETAP for design)
Identified Funding: None
Project Description:

This project will realign the intersection and its approaches to meet current standards as a neighborhood traffic calming measure that will follow the City’s adopted Traffic Calming Policy. The existing intersection is too wide to properly channel traffic and invites motorists to drive on the wrong side of the road when cutting corners to make a turn. Among the options under consideration is installation of traffic circles at this offset intersection. Additional investigation is necessary to determine what measure should be implemented. 776
ST-73: PATCH PAVING, SEALING & STRIPING
ST- 73: PATCH PAVING, SEALING & STRIPING
Project No. Status:
3117 Funded
Estimated Project Cost: Project Limits:
$800,000 Pittsburg Antioch Hwy from Harbor Street to Arcy Lane
Funding Sources:

Eligible Funding Source: Gas Tax, SB-1 Gas Tax
(RMRA) Measure J, General Fund (GF)
Identified Funding: $500,000 GF
Project Description:

This project is for preventative maintenance aimed at mitigating future failures of streets and street segments. The locations and priorities are determined by Public Works and Engineering staff with guidance from the City’s Pavement Management Program.

For 2019/20, the following arterial street segment has been identified:
 Pittsburg Antioch Hwy from Harbor Street to Arcy Lane 777
ST-93: FY 23/24 STREET MAINTENANCE PROJECT

ST-93: FY 23/24 STREET MAINTENANCE PROJECT
Project No. Status:

TBD Projected Funding FY 23/24
Estimated Project Cost: Project Limits:
$400,000 TBD
Funding Sources
Eligible Funding Sources: Gas Tax, Measure J,
RMRA
Identified Funding: $200,000 Gas Tax RMRA,
$200,000 HUTA
Project Description:

This project will be determined based on use of the Pavement Management System (PMS) and Staff input. The project will use a variety of pavement management techniques including, slurry seal, patch paving, pavement overlay, pavement inlay, pavement reconstruction, and crack sealing as appropriate to extend the useful life of the roadway. 778
ST-94: SB1 FY 24/25 PAVEMENT MANAGEMENT PROJECT
ST-94: SB1 FY 24/25 PAVEMENT MANAGEMENT PROJECT
Project No. Status:

Unknown Projected Funding FY 24/25
Estimated Project Cost: Project Limits:
$1,100,000 West Leland Road – Jacqueline Drive to Railroad Avenue (locations determined by HSIP 7 Project)
Funding Sources:

Eligible Funding Sources: Gas Tax, SB-1 Gas Tax
(RMRA), Measure J
Identified Funding: $1,100,000 RMRA
Project Description:

The project will use a variety of pavement management techniques including, slurry seal, patch paving, pavement overlay, pavement inlay, pavement reconstruction, base failure repairs and crack sealing as appropriate to extend the useful life of the roadway. 779
ST-95: INTERSECTION GEOMETRIC IMPROVEMENTS
ST-95: INTERSECTION GEOMETRIC IMPROVEMENTS
(BAILEY ROAD & WEST LELAND ROAD)
Project No. Status:

TBD Awaiting funding
Estimated Project Cost: Project Limits:
$3,000,000 West Leland Road between Bailey Road and Oak Hills Drive
Funding Sources
Eligible Funding Sources: LTMF, Developer Fair
Share
Identified Funding: None
Project Description:

The project provides for geometric improvements on the eastbound approach to the intersection Bailey Road & West Leland Road. This project will add a second left-turn lane and an exclusive right-turn lane on the eastbound approach. The geometry will accommodate a Class 2 bike lanes and add capacity on the eastbound approach, provide for more efficient signal timing, improve intersection level of service, and reduce queuing on the eastbound leg of the intersection. This project will require ROW acquisition and construction of retaining walls along the north and south sides of West Leland Road between Bailey Road and Oak Hills Drive.
780
ST-96: CITYWIDE ARTERIAL MEDIAN CONVERSION
ST-96: CITYWIDE ARTERIAL MEDIAN CONVERSION
Project No. Status:
2228 Funded
Estimated Project Cost: Project Limits:
$50,000 annually Arterial Streets Citywide
Funding Sources
Eligible Funding Source: Measure J
Identified Funding: $80,000 MJ, $50,000
new MJ annually
Project Description:

The locations and priorities are determined by staff in order to provide adequate areas for maintenance staff working within the medians on arterial streets. 781
ST-97: FY 2024/25 CITYWIDE TRAFFIC CALMING
ST-97: FY 2024/25 CITYWIDE TRAFFIC CALMING
Project No. Status:

TBD Projected Funding FY 24/25
Estimated Project Cost: Project Limits:
$75,000 TBD
Funding Sources:

Eligible Funding Source: HUTA, Measure J,
SR2S, RMRA
Identified Funding: Measure J $75,000
Project Description:

This project will construct speed humps and other traffic calming improvements at locations throughout the City determined through an application process or by City Staff. This will be managed through the Traffic Section of the Engineering Division. 782
ST-98: 19/20 STREET MAINTENANCE PROJECT
ST-98: 19/20 STREET MAINTENANCE PROJECT
Project No. Status:
2224 Funded
Estimated Project Cost: Project Limits:
$322,427 Highland Meadows (street segments as shown
below)
Funding Sources:

Eligible Funding Source: Gas Tax
Identified Funding: $150,000 HUTA, $172,427
RMRA
Project Description:

This project was determined based on use of the Pavement Management System (PMS) and Staff input. The project will use a three-layer pavement treatment on the residential streets in the Highland Meadows neighborhood.

Those streets/street segments include the following:
 Cypress Way from Norine Drive to Woodland Drive
 Roundhill Drive from Woodland Drive to Norine Drive
 Woodland Drive from Norine Drive to Roundhill Drive
783
ST-100: FY 20/21 STP/OBAG II PAVEMENT IMPROVEMENT PROJECT ST-100: FY 20/21 STP/OBAG II PAVEMENT IMPROVEMENT

PROJECT
Project No. Status:
2231 Design
Estimated Project Cost: Project Limits:
$4,000,000 West Leland Road – South Broadway to Railroad Avenue
Loveridge Road –Stoneman Avenue to Buchanan
Road
Funding Sources:

Eligible Funding Sources: Gas Tax, SB-1 Gas Tax
(RMRA), Measure J, One Bay Area Grant (OBAG)
II/STP
Identified Funding: $2,410,000 OBAG II/S, $340,000
RMRA, $1,100,000 RMRA, new $500,000 RMRA
Project Description:

This project will rehabilitate the roadway on West Leland Road from Woodhill Drive to Railroad Avenue and Loveridge Road from East Leland Road to Buchanan Road. The project will use a variety of pavement management techniques including crack sealing, base repairs, patch paving, milling, geosynthetics, and other treatments as appropriate to extend the useful life of the roadway.
784
ST- 101: FY 22/23 CITYWIDE TRAFFIC CALMING
ST- 101: FY 22/23 CITYWIDE TRAFFIC CALMING
Project No. Status:

TBD Projected Funding FY 22/23
Estimated Project Cost: Project Limits:
$75,000 Citywide
Funding Sources
Eligible Funding Source: HUTA, Measure J,
SR2S, RMRA
Identified Funding: $75,000 MJ
Project Description:

This project will construct speed humps and other traffic calming improvements at locations to be determined through an application process or by City Staff. This will be managed through the Traffic Section of the Engineering Division. 785
ST- 102: FY 23/24 CITYWIDE TRAFFIC CALMING
ST- 102: FY 23/24 CITYWIDE TRAFFIC CALMING
Project No. Status:

TBD Projected Funding FY 23/24
Estimated Project Cost: Project Limits:
$75,000 Citywide
Funding Sources
Eligible Funding Source: HUTA, Measure J,
SR2S, RMRA
Identified Funding: $75,000 MJ
Project Description:

This project will construct speed humps and other traffic calming improvements at locations to be determined through an application process or by City Staff. This will be managed through the Traffic Section of the Engineering Division. 786
ST-103: SB-1 FY 2023/24 PAVEMENT MANAGEMENT
ST-103: SB-1 FY 2023/24 PAVEMENT MANAGEMENT
Project No. Status:

TBD Projected Funding FY 23/24
Estimated Project Cost: Project Limits:
$1,100,000 To Be Determined
Funding Sources:

Eligible Funding Sources: Gas Tax, SB-1 Gas Tax
(RMRA), Measure J
Identified Funding: $1,100,000 RMRA
Project Description:

The project will use a variety of pavement management techniques including slurry seal, patch paving, pavement overlay/inlay, base failures, pavement reconstruction and crack sealing as appropriate to extend the useful life of the pavement. 787
ST-104: FY 24/25 STREET MAINTENANCE PROJECT

ST-104: FY 24/25 STREET MAINTENANCE PROJECT
Project No. Status:

TBD Projected Funding FY 24/25
Estimated Project Cost: Project Limits:
$400,000 TBD
Funding Sources
Eligible Funding Sources: Gas Tax, Measure J,
RMRA
Identified Funding: $200,000 HUTA, $200,000
RMRA
Project Description:

This project will be determined based on use of the Pavement Management System (PMS) and Staff input. The project will use a variety of pavement management techniques including, slurry seal, patch paving, pavement overlay, pavement inlay, pavement reconstruction, and crack sealing.
788
ST-105: FY 25/26 CITYWIDE TRAFFIC CALMING
ST-105: FY 25/26 CITYWIDE TRAFFIC CALMING
Project No. Status:

TBD Projected Funding FY 25/26
Estimated Project Cost: Project Limits:
$75,000 TBD
Funding Sources:

Eligible Funding Source: HUTA, Measure J,
SR2S, RMRA
Identified Funding: Measure J $75,000
Project Description:

ST-106: FY 26/27 STREET MAINTENANCE PROJECT
Project No. Status:

TBD Projected Funding FY 26/27
Estimated Project Cost: Project Limits:
$400,000 TBD
Funding Sources
Eligible Funding Sources: Gas Tax, Measure J,
RMRA
Identified Funding: $200,000 HUTA, $200,000
RMRA
Project Description:

This project will be determined based on use of the Pavement Management System (PMS) and Staff input. The project will use a variety of pavement management techniques including, slurry seal, patch paving, pavement overlay, pavement inlay, pavement reconstruction, and crack sealing.
790
ST-107 FY 26/27 CITYWIDE TRAFFIC CALMING
ST- 107: FY 26/27 CITYWIDE TRAFFIC CALMING
Project No. Status:

TBD Projected Funding FY 26/27
Estimated Project Cost: Project Limits:
$75,000 Citywide
Funding Sources
Eligible Funding Source: HUTA, Measure J,
SR2S, RMRA
Identified Funding: $75,000 MJ
Project Description:

This project will construct speed humps and other traffic calming improvements at locations to be determined through an application process or by City Staff. This will be managed through the Traffic Section of the Engineering Division. 791
ST-108: SB-1 FY 26/27 PAVEMENT MANAGEMENT
ST-108: SB-1 FY 26/27 PAVEMENT MANAGEMENT
Project No. Status:

TBD Projected Funding FY 26/27
Estimated Project Cost: Project Limits:
$1,100,000 To Be Determined
Funding Sources:

Eligible Funding Sources: Gas Tax, SB-1 Gas Tax
(RMRA), Measure J
Identified Funding: $1,100,000 RMRA
Project Description:

PROJECT
Project No. Status:

TBD Design
Estimated Project Cost: Project Limits:
$259,700 Meadowbrook and Oakbrook Subdivisions
Funding Sources
CDBG
Identified Funding Source: Est. $259,700
Project Description:

Project (TBD), 2022/2023 CDBG ADA Curb Ramp Installation Project is for the construction of 39 curb ramps in the neighborhoods located in the Meadowbrook and Oakbrook subdivisions.
793
ST-110: CORPORATION YARD PAVEMENT REHABILITATION
ST-110: CORPORATION YARD PAVEMENT REHABILITATION
Project No. Status:

TBD Projected Funding FY 24/25
Estimated Project Cost: Project Limits:
$1,000,000 To Be Determined
Funding Sources:

Eligible Funding Sources: HUTA, Measure J
Identified Funding: $300,000 HUTA
Project Description:

The project will analyze the existing condition of the pavement at the Corp Yard and determine pavement areas that require patch paving, base failure repairs, pavement reconstruction and slurry seal to help extend the useful life of the Corporation Yard Parking Lot.
794

CAPITAL IMPROVEMENT PROGRAM

TRAFFIC SIGNAL

PROJECTS
795
S-2: STREET NAME SIGN LED CONVERSION

S-2: STREET NAME SIGN LED CONVERSION
Project No. Status:

TBD Awaiting Funding
Estimated Project Cost: Project Limits:
$400,000 Citywide
Funding Sources:

Eligible Funding: TBD
Identified Funding: None
Project Description:

This project will remove and replace 128 fluorescent street name signs with LED signs to improve visibility and increase energy efficiency.
796
S-3: TRAFFIC SIGNAL INTERCONNECT EXPANSION PROJECT
S-3: TRAFFIC SIGNAL INTERCONNECT EXPANSION PROJECT
Project No. Status:

TBD Awaiting funding

Estimated Project Cost: Project Limits:
$275,000 Citywide
Funding Sources
Eligible Funding Source: Measure J
Identified Funding: None
Project Description:

This project will consist of interconnecting a total of 42 traffic signals to our traffic network.

Signal interconnect cables, ethernet switches and wireless antennas for cellular service will be installed at each traffic signal intersection. This will allow communication and transfer of operational data between traffic signal cabinets with City traffic network. From an operational perspective, this allows City and transportation staff the ability to monitor and maintain the traffic network and to allow full integration of new Intelligent Transportation Systems (ITS) technologies. Since monitoring and changes can be performed from a remote traffic management location, this will ultimately reduce staff costs by not having to deploy signal technician staff to the site to perform operational changes. 797
S-4: SIGNAL AT HARBOR STREET/STONEMAN AVENUE
S-4: SIGNAL AT HARBOR STREET/STONEMAN AVENUE
Project No. Status:

TBD Awaiting funding

Estimated Project Cost: Project Limits:
$300,000 Harbor Street intersection at Stoneman Avenue
Funding Sources
Eligible Funding Source: Measure J
Identified Funding: None
Project Description:

This project will design and construct a fully actuated traffic signal at the intersection of Harbor Street and Stoneman Avenue. The project will replace existing all-way stop controls at this intersection.
798
S-9: LELAND ROAD SIGNAL INTERCONNECT
S-9: LELAND ROAD SIGNAL INTERCONNECT
Project No. Status:

TBD Awaiting Funding
Estimated Project Cost: Project Limits:
$380,000 West Leland Road and Bailey Road
Funding Sources
Eligible Funding Source: Measure J/TMF
Identified Funding: none
Project Description:

This Project will provide for interconnection and retiming of signalized intersections along the Bailey Road & West Leland Road corridors. 75% TMF eligible.
799
S-10: BUCHANAN ROAD SIGNAL INTERCONNECT
S-10: BUCHANAN ROAD SIGNAL INTERCONNECT
Project No. Status:

TBD Awaiting funding
Estimated Project Cost: Project Limits:
$525,000 The Project will interconnect signals on
Buchanan Road from Meadows Drive to
Harbor Street
Funding Sources
Eligible Funding Source: Measure J/TMF
Identified Funding: None
Project Description:

This Project will provide for interconnection and retiming of five existing signalized intersections along Buchanan Road. 93% TMF eligible. 800
S-11: FY 2022/23 TRAFFIC SIGNAL MODIFICATION

S-11: FY 2022/23 TRAFFIC SIGNAL MODIFICATION
Project No. Status:

TBD Project Funding FY 22/23
Estimated Project Cost: Project Limits: Citywide
$100,000
Funding Sources
Eligible Funding: Gas Tax RMRA
Identified Funding: Gas Tax RMRA
$100,000
Project Description:

TBD Awaiting funding.

Estimated Project Cost: Project Limits:
$200,000 Citywide
Funding Sources
Eligible Funding Source: Measure J
Identified Funding: None
Project Description:

Project will study the deployment of transit priority control system and provide for installation of opticom control system at 12 signalized intersections. 802
S-13: EMERGENCY VEHICLE PREEMPTION AT SIX INTERSECTIONS

S-13: EMERGENCY VEHICLE PREEMPTION AT SIX

INTERSECTIONS
Project No. Status:

TBD Unfunded

Estimated Project Cost: Project Limits:
$50,000 1. Buchanan & Loveridge

2. Buchanan & Suzanne

3. Buchanan & Harbor

4. Railroad & Pheasant

5. Railroad & Central

6. Jacqueline & W. Leland
Funding Sources
Eligible Funding Sources: Gas Tax, Measure J,
IRRF, IE, PP, Grants
Identified Funding: none
Project Description:

Install Emergency Vehicle Preemption (EVP) at six (6) signalized intersections to allow emergency vehicles to preempt the traffic signal control phase sequence and travel through major intersections on a green light. The City currently uses Opticom™ emergency vehicle preemption at all other major intersections not included in this project. 803
S-14: WIRELESS TRAFFIC SIGNAL COMMUNICATIONS

S-14: WIRELESS TRAFFIC SIGNAL COMMUNICATIONS
Project No. Status:

TBD Unfunded

Estimated Project Cost: Project Limits:
$305,000 Citywide (up to 62 Signalized Intersections)
Funding Sources
Eligible Funding Sources: Gas Tax, Measure J,
IRRF, IE, PP, Grants
Identified Funding: none
Project Description:

Install wireless traffic signal communication with City’s traffic signal controllers. This will allow viewing traffic signal controller set timings and possible video feed of traffic signal detection zones and performing traffic signal timing changes. Also, may replace current Traffic Signal Interconnect Cable (SIC) on Railroad Avenue and Leland Road with wireless communications.
804
S-17: 2023/24 TRAFFIC SIGNAL MODIFICATION

S-17: 2023/24 TRAFFIC SIGNAL MODIFICATION
Project No. Status:

TBD Project Funding FY 23/24
Estimated Project Cost: Project Limits: Citywide
$100,000
Funding Sources
Eligible Funding: Gas Tax RMRA
Identified Funding: Gas Tax RMRA $100,000
Project Description:

This project is to perform on-going traffic signal timing and modifications to existing signals throughout the City. This will provide for improved traffic flow and allow for modernization of outdated signal controller equipment.
805
S-18 HSIP-9 TRAFFIC SIGNAL IMPROVEMENT PROJECT
S-18 HSIP-9 TRAFFIC SIGNAL IMPROVEMENT PROJECT
Project No. Status:
2227 Construction
Estimated Project Cost: Project Limits:
$1,110,000 59 signals throughout the City of Pittsburg
Funding Sources
Eligible Funding Source: Gas Tax, RMRA, IRRF,
Grants
Identified Funding: HSIP-9 Funding $1,065,000,
$44,400 RMRA, $161,000 General Fund
Project Description:

The proposed project includes improvements at signalized intersections throughout the City.

The improvements include replacement and/or installation of signal hardware such as signals heads, lenses, pedestrian heads, push buttons, visors, backplates, retroreflective borders, controllers, cabinets, battery backup systems, and modems as well as improvements to signal timing. There are 59 out of 62 existing signalized intersections that will be improved.
806
S-19: TRAFFIC ADAPTIVE CORRIDOR SIGNAL PROJECT
S-19: TRAFFIC ADAPTIVE CORRIDOR SIGNAL PROJECT
Project No. Status:

TBD Awaiting funding
Estimated Project Cost: Project Limits:
$300,000 Railroad Avenue Pheasant Drive to West Leland
Road (10 intersections)
Funding Sources
Eligible Funding Source: Measure J
Identified Funding: None
Project Description:

This project will design, upgrade and construct a traffic adaptive corridor on Railroad Avenue from Pheasant Drive to West Leland Road. The project will include all software, licenses, training, equipment and support to upgrade, manage and run a fully traffic adaptive corridor. 807
S-20: 2023/24 TRAFFIC SIGNAL MODIFICATION

S-20: 2023/24 TRAFFIC SIGNAL MODIFICATION
Project No. Status:

TBD Projected Funding FY 23/24
Estimated Project Cost: Project Limits: Citywide
$100,000
Funding Sources
Eligible Funding: Gas Tax RMRA
Identified Funding: Gas Tax RMRA $100,000
Project Description:

TBD Awaiting funding
Estimated Project Cost: Project Limits:
$210,000 Bailey Road
Funding Sources
Eligible Funding Source: Measure J
Identified Funding: none
Project Description:

Interconnection and retiming of traffic signals on Bailey Road that are within the City limits. 84% TMF eligible.
809
S-25: LOVERIDGE ROAD SIGNAL INTERCONNECTS
S-25: LOVERIDGE ROAD SIGNAL INTERCONNECTS
Project No. Status:

TBD Awaiting funding
Estimated Project Cost: Project Limits:
$150,000 Loveridge Road
Funding Sources
Eligible Funding Source: Measure J
Identified Funding:

Project Description:

Interconnection and retiming of traffic signals on Loveridge Road between Buchanan Road and E. Leland Road. The four intersections will be added to an existing network of seven interconnected intersections along the E. Leland and Loveridge corridors. 81% TMF eligible.
810
S-26: SIGNAL AT RAILROAD AVENUE/3RD STREET
S-26: SIGNAL AT RAILROAD AVENUE/3RD STREET
Project No. Status:

TBD Awaiting funding
Estimated Project Cost: Project Limits:
$300,000 Railroad Avenue intersection at 3rd Street
Funding Sources
Eligible Funding Source: Measure J/LTMF
Identified Funding: None
Project Description:

This project will design and construct a fully actuated traffic signal at the intersection of Railroad Avenue and East Third Street. The project will replace existing all-way stop sign controls at this intersection. 100% LTMF eligible. 811
S-27: SIGNAL AT HARBOR STREET/CENTRAL AVENUE
S-27: SIGNAL AT HARBOR STREET/CENTRAL AVENUE
Project No. Status:

TBD Awaiting funding
Estimated Project Cost: Project Limits:
$330,000 Harbor St. north/south approaches to
intersection with Central Ave. east/west
approaches
Funding Sources
Eligible Funding Source: LTMF, Measure J,
Gas Tax, Grants
Identified Funding Source: none
Project Description:

This project will replace an existing 4-way Stop sign controlled intersection with a traffic signal system (including an alternate power supply, countdown pedestrian signals, and TS2 controller).
812
S-28: 2024/25 TRAFFIC SIGNAL MODIFICATION

S-28: 2024/25 TRAFFIC SIGNAL MODIFICATION
Project No. Status:

TBD Projected Funding FY 24/25
Estimated Project Cost: Project Limits: Citywide
$100,000
Funding Sources
Eligible Funding: Gas Tax RMRA
Identified Funding: Gas Tax RMRA $100,000
Project Description:

TBD Awaiting funding

Estimated Project Cost: Project Limits:
$300,000 Railroad Avenue intersection at School Street
Funding Sources
Eligible Funding Source: Measure J
Identified Funding: None
Project Description:

This project will design and construct a fully actuated traffic signal at the intersection of Railroad Avenue and School Street. A traffic signal is warranted for this location to replace the minor street stop sign controls at this intersection. 814
S-31: FY 2026/27 TRAFFIC SIGNAL MODIFICATION

S-31: FY 26/27 TRAFFIC SIGNAL MODIFICATION
Project No. Status:

TBD Projected Funding FY 26/27
Estimated Project Cost: Project Limits: Citywide
$100,000
Funding Sources
Eligible Funding: Gas Tax RMRA
Identified Funding: Gas Tax RMRA $100,000
Project Description:

CAPITAL IMPROVEMENT PROGRAM

WATER PROJECTS
816
W-1: WATER SYSTEM MASTER PLAN
W-1: WATER SYSTEM MASTER PLAN
Project No. Status:
5005 Funded
Estimated Project Cost: Project Limits:
$275,000 Water Treatment Plant
Funding Sources:

Eligible Funding Source: WFR, WOF
Identified Funding: $275,000 WOF, $100,00
WOF (New)
Project Description: Every five years, the City prepares and adopts a Water System Master Plan. The Master Plan documents the capacity evaluation of the existing system and lists facility improvements needed to meet the water demand needs of existing users, as well as the needs of planned future developments. 817
W-2: HILLVIEW RESERVOIR COATING (EXTERIOR)
W-2: HILLVIEW RESERVOIR COATING (EXTERIOR)
Project No. Status:

Unknown Awaiting Funding

Estimated Project Cost: Project Limits:
$350,000 Hillview Reservoir
Funding Sources
Eligible Funding Source: Water Operations Fund
Identified Funding:

Project Description:

Recoating the outside of Hillview Reservoir. Failure to address coating maintenance requirements in a timely manner will lead to accelerated corrosion and more costly repairs. 818
W-4: RIVERVIEW DRIVE/ALTURAS AVENUE 12” CANAL CROSSING
W-4: RIVERVIEW DRIVE/ALTURAS AVENUE 12” CANAL

CROSSING
Project No. Status:

Unknown Awaiting Funding

Estimated Project Cost: Project Limits:
$150,000 Hillview Reservoir
Funding Sources
Eligible Funding Source: Water Operations Fund
Identified Funding:

Project Description:

The 12” waterline crossing the Contra Costa Canal from Alturas Avenue/Riverview Drive crossing to Robinson Avenue needs replacing. This project would replace the canal crossing and execute a license agreement for future maintenance with CCWD. 819
W-5: ZONE 1/ZONE 3 BOUNDARY ADJUSTMENTS (HARBOR, LELAND,

RAILROAD)
W-5: ZONE 1/ ZONE 2 BOUNDARY ADJUSTMENTS
(Harbor, Leland, Railroad)
Project No. Status:

To be determined Awaiting funding.

Estimated Project Cost: Project Limits:
$1,133,000 An area adjoining the Leland Road corridor and bounded by Crestview Drive to the west, EBMUD
right-of-way to the south, Freed Way to the east
and Garcia Avenue to the north.

Funding Sources:

Eligible Funding Source: Water Operations Fund
Identified Funding: None
Project Description:

This project will construct improvements to the water distribution system to facilitate modifications of pressure zone boundaries in the problem areas of pressure Zone 2.
820
W-6: WATER TREATMENT PLANT CAPITAL REPAIRS AND IMRPOVEMENTS W-6: Water Treatment Plant Capital Repairs and
Improvements
Project No. Status:
5065 Funded through FY 26/27
Estimated Project Cost: Project Limits:
$75,000 Annually Water Treatment Plant & Other Water Distribution Facilities
Funding Sources:

Eligible Funding Source: Water Operations Fund
(WOF)
Identified Funding: $75,000 WOF annually
Project Description:

This project will provide upgrades and repairs to facilities at the Water Treatment Plant as identified by WTP staff.
821
W-7: WATER MAIN BUCHANAN ROAD (PHASE 2)
W-7: WATER MAIN BUCHANAN ROAD (PHASE 2)
Project No. Status:

TBD Waiting for development demand
Estimated Project Cost: Project Limits:
$1,522,000 Water Treatment Plant to Railroad, Loveridge to Ventura
Funding Sources:

Eligible Funding Sources: WRF/FRC
Developer
Identified Funding:

Project Description:

This project will provide a new water transmission line to meet domestic and fire flow requirements for existing development and new development in the southeast hills and infill development in Zone 2. (2015 Water Master Plansegment 1) 822
W-8: 2020/2021 WATER MAIN INSTALLATION/REPLACEMENT PROGRAM W-8: 2020/2021 WATER MAIN

INSTALLATION/REPLACEMENT PROGRAM
Project No. Status:
5003 Funded
Estimated Project Cost: Project Limits:
$3,400,000 Pittsburg Heights
(Madoline Street to Seeno Street, Alturas
Avenue to Tiffany Street)
W. 11th Street Neighborhood
(West Santa Fe, Black Diamond,
Beacon/West Tenth Street)
Funding Sources:

Eligible Funding Source: WOF
Identified Funding: $1,400,000 WOF,
$2,000,000 new WOF
Project Description: Every five years, the City prepares and adopts a Water System Master Plan, and updates as needed, that identifies the infrastructure necessary to continue providing reliable water service to current customers and to serve anticipated future development.
823
W-10: HIGHLANDS RANCH RESERVOIR RECOATING

W-10: HIGHLANDS RANCH RESERVOIR RECOATING
Project No. Status:
5007 Funded

Estimated Project Cost: Project Limits:
$350,000 Highland Ranch Reservoir
Funding Sources
Eligible Funding: Water Operations Fund (WOF)
Identified Funding: $250,000 WOF, $100,000 new
WOF
Project Description:

Recoating of the inside and painting the outside of Highlands Ranch Reservoir. The 1.0- million-gallon steel reservoir is showing signs of coating failure after 17 years. Coatings usually last 25 years. Failure to address coating failure in a timely manner will lead to accelerated corrosion and more costly repairs.
824
W-11: AUTOMATIC WATER METER READING SYSTEM (5030)
W-11: AUTOMATIC WATER METER READING SYSTEM (5030)
Project No. Status:
5030 Funded

Estimated Project Cost: Project Limits:
$3,106,793 previous
allocations
$300,000 annually
Various Locations Citywide
Funding Sources
Eligible Funding: Water Operations Fund
Identified Funding: $3,106,793 previous WOF,
$300,000 new WOF
Project Description:

Conversion of hard-to-read meters to radio read. Include Automatic Meter Reading system and replacement meters to convert an additional 1,500 meters. Meters include those that are hard to read because they are inaccessible, such as those in backyards or industrial/ commercial sites, those that can be hazardous to read in landscaped medians or other high traffic areas, or older meters that are due for replacement. In addition, this project will include replacing large meters throughout the City as well. 825
W-15: 12-INCH WATER MAIN STONEMAN AVE
2"BO
8"ACP
6"ACP
8"ACP
6"ACP
6"ACP
6"ACP
6"ACP
4"ACP
6"ACP
14"ACP
8"ACP
6"ACP
6"ACP
6"ACP
6"ACP
6"ACP
8"ACP
8"ACP
8"ACP
8"ACP
8"ACP
8"ACP 8"ACP
4"ACP
6"ACP
12"DIP 12"DIP
6"ACP
6"ACP 6"ACP
6"ACP
6"ACP
6"ACP
4"ACP
6"ACP 8"ACP
8"ACP
6"ACP
6"ACP
6"ACP
6"ACP
6"ACP
6"ACP
8"ACP
6"ACP
8"ACP
10"ACP
10"ACP
8"ACP 8"ACP
10"ACP 8"ACP
8"ACP
6"ACP
12"ACP
4"ACP
10"ACP
8"ACP
PRV
14"ACP PRV

PRIVIATE LINES
FOR USPOSCO 2"BO
W-15: 12-INCH WATER MAIN STONEMAN AVE (HARBOR
ST. TO LOVERIDGE ROAD)
Project No. Status:

To be determined Awaiting funding.

Estimated Project Cost: Project Limits:
$800,000 Stoneman Avenue from Harbor St. to
Loveridge Rd.

Funding Sources
Eligible Funding Source: WOF
Identified Funding:

Project Description:

This project provides the installation of approximately 3,300 feet of 12-inch transmission main on Stoneman Avenue, from Harbor Street to Loveridge Rd. It will provide an additional system loop to enhance fire protection capabilities in Zone 2.
826
W-17: 2016/17 WATER TREATMENT PLANT SLUDGE REMOVAL (5055) W-17: 2016/17 WATER TREATMENT PLANT SLUDGE
REMOVAL (5055)
Project No. Status:
5055 Funded
Estimated Project Cost: Project Limits:
$250,000 Water Treatment Plant
Funding Sources:

Eligible Funding Source: WOF
Identified Funding: WOF $250,000
Project Description:

This project will remove sludge from the Water Treatment Plant drying basin when it is needed.
827
W-21: CONVERT BACKYARD WATER SERVICES IN CENTRAL ADDITION TO

STREET SERVICES
16"ACP
16"ACP
6"ACP
8"ACP 8"ACP
4"ACP
6"ACP 6"ACP 6"ACP
4"ACP
18"ACP 18"ACP
4"ACP 4"ACP 6"ACP
16"ACP
6"ACP
6"ACP
6"ACP
6"ACP
6"ACP
6"ACP
6"ACP
6"ACP
6"ACP
6"ACP
6"ACP
6"ACP 6"ACP 6"ACP 6"ACP
6"ACP
16"ACP
8"ACP 8"ACP
16"ACP
8"ACP
8"ACP 8"ACP
6"ACP
6"ACP
ARV
ARV
6"ACP
4"ACP

2.5"ACP

2.5"ACP
18"ACP
6"ACP
4"ACP
12" 16"
2"BO
2"BO
W-21: CONVERT BACKYARD WATER SERVICES IN

CENTRAL ADDITION TO STREET SERVICES
Project No. Status:

TBD Awaiting funding.

Estimated Project Cost: Project Limits:
$9,400,000 Central Addition Neighborhood
Funding Sources:

Eligible Funding Source: Water Operations
Funds
Identified Funding:

Project Description:

This project will provide for the conversion of existing backyard water services in the Central Addition Neighborhood to street side service. This project will provide for all work necessary to convert from private property to street service.

This project will improve system reliability and reduce maintenance costs. 828
W-24: PITTSBURG-ANTIOCH HIGHWAY WATER LINE IMPROVEMENTS (Eastern Loop)
W-24: PITTSBURG-ANTIOCH HIGHWAY WATER LINE
IMPROVEMENTS (Eastern Loop)
Project No. Status:

TBD Awaiting funding
Estimated Project Cost: Project Limits:
$1,200,000 Pittsburg-Antioch Highway from Loveridge to
Century Blvd
Funding Sources
Eligible Funding Source: Developer
Identified Funding: None
Project Description:

This project will provide 4,000 feet of 18-inch water line to initiate water service to business along Pittsburg-Antioch Highway, east of Loveridge. It will run from the east end of California going east on P-A Hwy to approximately 500 ft west of the City’s eastern limits and tie into Century Blvd to provide a looped system. 829
W-28: HIGHLANDS RANCH ZONE 2 RESERVOIR
W-28: HIGHLANDS RANCH ZONE 2 RESERVOIR
Project No. Status:

TBD Awaiting funding.

Estimated Project Cost: Project Limits:
$5,250,000 Highlands Ranch Subdivision
Funding Sources:

Eligible Funding Source: WOF 44%,
Developer 56%
Identified Funding:

Project Description:

The 2015 Water System Master Plan has identified the need for a 1.4 million gallon reservoir in the southeast portion of the City serving Zone 2. This would be located at an elevation of about 360’ above mean sea level. 830
W-29: WATER TREATMENT PLANT FILTER BACKWASH MANAGEMENT –

1.5 MGD PACKAGE TREATMENT UNIT (PHASE I)
W-29: WATER TREATMENT PLANT FILTER BACKWASH
MANAGEMENT – 1.5 MGD PACKAGE TREATMENT UNIT
(PHASE I)
Project No. Status:

Funding Required
Estimated Project Cost: Project Limits:
$1,500,000 Water Treatment Plant
Funding Sources:

Eligible Funding Source: WFR, WOF
Identified Funding:

Project Description:

This project will construct a 1.5 million gallons per day (MGD) packaged treatment system for treating water filter backwash for recycling. A second treatment unit will be required in the future as the WTP gets closer to design capacity of 32 MGD.
831
W-30: WATER TREATMENT PLANT FILTER BACKWASH MANAGEMENT –

1.5 MGD PACKAGE TREATMENT UNIT (PHASE 2)
W-30: WATER TREATMENT PLANT FILTER BACKWASH
MANAGEMENT – 1.5 MGD PACKAGE TREATMENT UNIT
(PHASE 2)
Project No. Status:

TBD Funding Required
Estimated Project Cost: Project Limits:
$750,000 Water Treatment Plant
Funding Sources:

Eligible Funding Source: WFR, WOF
Identified Funding:

Project Description:

This project will construct a second 1.5 million gallons per day (MGD) packaged treatment system for treating water filter backwash for recycling. This second package system will allow the WTP to treat the maximum allowed recycled backwash water of 10% of the design capacity of 32 MGD. 832
W-31: WATER TREATMENT PLANT 0.5 MG FILTER BACKWASH BASIN W-31: WATER TREATMENT PLANT 0.5 MG FILTER

BACKWASH BASIN
Project No. Status:

TBD Funding Required
Estimated Project Cost: Project Limits:
$3,000,000 Water Treatment Plant
Funding Sources:

Eligible Funding Source: WFR, WOF
Identified Funding:

Project Description:

This project will construct a 0.5 million gallon (MG) backwash recycle basin with mixers to prevent settling prior to pumping the water to the backwash water package treatment units to be constructed with earlier projects. 833
W-33: WATER TREATMENT PLANT MECHANICAL SLUDGE DEWATERING W-33: WATER TREATMENT PLANT MECHANICAL

SLUDGE DEWATERING
Project No. Status:
5040 Funded
Estimated Project Cost: Project Limits:
$4,000,000 Water Treatment Plant
Funding Sources:

Eligible Funding Source: WFR, WOF, 2005
Water Bond
Identified Funding: $2,000,000 WOF,
$1,500,000 2005 Water Bond
Project Description:

This project will construct a mechanical sludge dewatering system for use once WTP operations reach 15 MGD. The current system of dewatering by natural evaporation is adequate for flows up to the 15 MGD threshold. 834
W-34: WATER TREATMENT PLANT WATER DISINFECTION MODIFICATION

AND CONVERSION
W-34: WATER TREATMENT PLANT WATER

DISINFECTION MODIFICATION AND CONVERSION
Project No. Status:
5062 Partially Funded
Estimated Project Cost: Project Limits:
$4,000,000 Water Treatment Plant
Funding Sources:

Eligible Funding Source: WFR, WOF
Identified Funding: $900,000 WFR,
$1,000,000 WOF, $500,000 new WFR,
$1,000,000 new WOF
Project Description:

This project will construct modifications to the existing disinfection system at the WTP to convert from chlorine gas disinfection to sodium hypochlorite. Converting to sodium hypochlorite will reduce the regulatory and reporting burden on WTP staff and will improve safety for employees at the plant. This conversion is anticipated to be a regulatory requirement at some point in the future. 835
W-35: WATER TREATMENT PLANT FILTER GALLERY VALVE REPLACEMENT

PROJECT

W35:

WATER TREATMENT PLANT FILTER GALLERY VALVE

REPLACEMENT PROJECT
Project No. Status:
5066 Design
Estimated Project Cost: Project Limits:
$370,000 TBD
Funding Sources
Eligible Funding Sources: WOF
Identified Funding: $370,000 WOF
Project Description:

The Water Treatment Plant has determined a need to replace piping, valves, and actuators that serve the filters at the Water Treatment Plant. This Project includes the installation of seven valves, 11 actuators and some associated electrical work in filter bays five through eight at the Water Treatment Plant.
836
W-39: Annual Filter Media Replacement Project
W-39: Annual Filter Media Replacement Project
Project No. Status:
5060 Funded
Estimated Project Cost: Project Limits:
$800,000 Water Treatment Plant & Other Water
Distribution Facilities
Funding Sources:

Eligible Funding Source: WFR, WOF
Identified Funding: $625,000 WOF,
$100,000 new WOF
Project Description:

This project will perform periodic replacement of the filter media for the eight water filters at the water treatment plant. Media replacement includes removal and disposal of spent filter media and replacement with new granulated activated carbon (GAC) or anthracite, sand, and gravel. Filter media needs to be replaced approximately every four years.
837
W-40: 2022/23 WATER MAIN INSTALLATION/ REPLACEMENT PROGRAM W-40: 2022/23 WATER MAIN INSTALLATION/

REPLACEMENT PROGRAM
Project No. Status:

TBD Projected Funding for FY 22/23
Estimated Project Cost: Project Limits:
$3,400,000 Black Diamond to Beacon
West 10th to West Santa Fe (Excluding
Scudero Circle)
Funding Sources:

Eligible Funding Source: WOF
Identified Funding Source: $1,000,000 new
WOF
Project Description:

TBD Awaiting development demand.

Estimated Project Cost: Project Limits:
$5,300,000 Near Delta View Golf Course
Funding Sources:

Eligible Funding Source: Water Facility
Reserve Fund/Developer
Identified Funding: 100% Developer
Project Description:

This project will provide additional water storage to meet domestic and fire flow requirements for new infill development in Pressure Zone 1. (2015 Water System Master Plan)
839
W-61: 20” MAIN W. LELAND (WTP to SW Hills) PHASE 1 (Seg 3W, and 6W) (5071)
W-61: 20” MAIN W. LELAND (WTP to SW Hills) PHASE 1
(Seg 3W, and 6W) (5071)
Project No. Status:
5071 Funded
Estimated Project Cost: Project Limits:
$3,000,000 Water Treatment Plant to Bailey Road
Funding Sources:

Eligible Funding Source: Developer, Water
Bonds, WFR
Identified funding: $1,796,000 WFR, $754,000
2005 W Bond
Project Description: This project will provide for the incremental installation of a water transmission line to serve new development in the southwest hills. (2015 Water System Master Plan segments 3W and 6W).
840
W-63: 20” MAIN W. LELAND (WTP to SW Hills) PHASE 2 (Seg 1W and 2W) W-63: 20” MAIN W. LELAND (WTP to SW Hills) PHASE 2
(Seg 1W and 2W)
Project No. Status:

TBD unfunded
Estimated Project Cost: Project Limits:
$2,700,000 Water Treatment Plant to Bailey Road
Funding Sources:

Eligible Funding Source: Developer, Water
Bonds
Identified funding: TBD
Project Description: This project will provide for the incremental installation of a water transmission line to serve new development in the southwest hills. (2015 Water System Master Plan segments 1W and 2W).
841
W-100: FY 2024/25 WATER MAIN INSTALLATION REPLACEMENT PROGRAM

W-100: FY 2024/25 WATER MAIN INSTALLATION

REPLACEMENT PROGRAM
Project No. Status:

TBD Projected Funding for FY 24/25
Estimated Project Cost: Project Limits:
$3,000,000 TBD
Funding Sources
Eligible Funding Sources: WOF, HUTA
Identified Funding: $400,000 future WOF
Project Description:

Project will identify and replace water mains, services, and valves that have reached the end of their useful life and have become maintenance problems, and/or install mains to improve fire flows in localized areas.
842
W-101: WTP CAPITAL REPAIRS/FILTER REHABILITATION (5050) W-101: WTP CAPITAL REPAIRS/FILTER
REHABILITATION (5050)
Project No. Status:
5050 Ongoing improvements at WTP includes previous
FY funding
Estimated Project Cost: Project Limits:
$1,267,146 Water Treatment Plant
Funding Sources:

Eligible Funding Source: WOF
Identified Funding: $1,267,146 WOF
Project Description:

This project will provide upgrades to facilities at the Water Treatment Plant, including rehabilitation of filters. Filters were constructed in 1953 and 1973. 843
W-102: 2023/24 WATER MAIN INSTALLATION REPLACEMENT PROGRAM W-102: 2023/24 WATER MAIN INSTALLATION

REPLACEMENT PROGRAM
Project No. Status:
5051 Projected Funding for FY 23/24
Estimated Project Cost: Project Limits:
$2,400,000 Central Addition Phase I (Columbia to Harbor & Central Avenue to East 14th Street)
Funding Sources:

Eligible Funding Source: WOF
Identified Funding Source: $2,400,000 future
WOF
Project Description: Project identified and will replace water mains, services, and valves that have reached the end of their useful life and have become maintenance problems, and/or install mains to improve fire flow in localized areas. Central Addition Phase I was identified as FY 22/23 & 23/24 sewer and water project. Sewer funds will be added for the replacement of sewer mains with this project.

Project Limits
844
W-106: 2016/17 WATER MAIN REPLACEMENT/ INSTALLATION PROGRAM (5054)
W-106: 2016/17 WATER MAIN REPLACEMENT/
INSTALLATION PROGRAM (5054)
Project No. Status:
5054 Construction
Estimated Project Cost: Project Limits:
$6,317,500 ($1,017,500
existing funds combined with
sewer project SS-34)
TBD
Funding Sources:

Eligible Funding Source: WOF, WFR (503),
Wbond
Identified Funding:$5,300,000 WOF,
$940,000 Wbond, $77,500 WFR (funds
transferred to SS-34 for combined
water/sewer project)
Project Description:

This project will be included with a sewer project SS-34 2016/17 Sewer/Water Replacement/ Rehabilitation Program to be constructed in the neighborhood north of School Street between Railroad Avenue and Harbor Street. 845
W-107: BODEGA COURT WATER SYSTEM LOOP PROJECT

W-107: BODEGA COURT WATER SYSTEM LOOP PROJECT
Project No. Status:
5063 Funded
Estimated Project Cost: Project Limits:
$300,000 Bodega Court
Funding Sources
Eligible Funding Source: WOF, WFR
Identified Funding Source: $300,000 WOF
Project Description:

Bodega Ct Water Main Loop Installation Project will establish a tie in between existing 4-inch and 20-inch water main. The Project will Install approximately 220 LF of 8-inch waterline through the access easement located between 2101 & 2103 Bodega Court. 846
W-109: WATER SYSTEM RELIABILITY PROJECT
W-109: Water System Reliability Project
Project No. Status:
5006 Partially Funded/Construction
Estimated Project Cost: Project Limits:
$800,000 Buchanan Pump Station, Brookside
Drive/Buchanan Road & Cabrillo Place
Funding Sources:

Eligible Funding Source: Water Operations
Fund (WOF)
Identified Funding Source: $800,000 WOF
Project Description: These projects improve system reliability for Zone 2 and Zone 3 customers by looping systems (Buchanan Pump Station & Brookside Drive) or based on an urgent need/chronic problem identified by Public Works. 847

CAPITAL IMPROVEMENT PROGRAM

SEWER PROJECTS
848
SS-1: CITYWIDE SEWER INSPECTION PROJECT (5119)
SS-1: CITYWIDE SEWER INSPECTION PROJECT (5119)
Project No. Status:
5119 Funded
Estimated Project Cost: Project Limits:
$112,410 Various Locations Citywide
Funding Sources:

Eligible Funding Source: Sewer Operations
Fund
Identified Funding Source: $112,410 SOF
Project Description:

Project is for inspecting sewers throughout the City to determine replacement and rehabilitation needs for potential inclusion in future sewer replacement projects.
849
SS-2: 2022/23 SEWER REPLACEMENT/REHABILITATION PROGRAM
(CENTRAL ADDITION PHASE 1)
SS-2: 22/23 SEWER REPLACEMENT/REHABILITATION
PROGRAM (CENTRAL ADDITION PHASE 1)
Project No. Status:

TBD Projected Funding FY 22/23
Estimated Project Cost: Project Limits:
$2,400,000 Central Addition Phase I (Columbia Street to Harbor Street and Central to East 14th Street
Funding Sources:

Eligible Funding Source: Sewer Operations
Fund, SFR
Identified Funding Source: $200,000 new
SOF
Project Description:

Project will replace sewer lines that are maintenance problems. Water funds will be added for the replacement of water mains with this project.

Project Location
850
SS-3: EAST NINTH STREET SEWER IMPROVEMENT PROJECT

SS-3: EAST NINTH STREET SEWER

IMPROVEMENT PROJECT
Estimated Project Cost: Project Limits:
$290,000 East Ninth Street between Cumberland Street
and Los Medanos Street (City project)
Los Medanos Street between East Tenth and
East Ninth (Developer).

Funding Sources:

Eligible Funding Source: SOF, developer
Identified Funding: SOF $290,000, developer
Project Description:

This project will replace sewer mains and laterals that have reached the end of their useful life. With the development of the Veterans Square project a need was identified to replace the sewer main. A portion of this project is being paid for by the Developer.
851
SS-4: SEWER MASTER PLAN UPDATE
SS-4: SEWER MASTER PLAN UPDATE
Project No. Status:
5206 Currently being studied.

Estimated Project Cost: Project Limits:
$250,000 Citywide
Funding Sources:

Eligible Funding Source: Sewer Operations
Fund
Identified Funding Source: $250,000 SOF
Project Description:

The City’s sewer master plan was last fully updated in 2003. There have been three amendments to the master plan over the years, with the last being completed in 2011. This project is for a full update of the sewer master plan. 852
SS-20: PITTSBURG/ANTIOCH HIGHWAY SEWER LINE IMPROVEMENTS SS-20: PITTSBURG/ANTIOCH HIGHWAY SEWER LINE

IMPROVEMENTS
Project No. Status:

TBD Awaiting Property Owner
participation/Funding
Estimated Project Cost: Project Limits:
$605,000 Pittsburg Antioch Highway from Delta Diablo
to approximately 3200’ west.

Funding Sources:

Eligible Funding Source: Developer/Sewer
Operations Fund
Identified Funding Source: None
Project Description:

This project will provide for the installation of approximately 3200 lf of 10” sewer line and laterals to connect to Delta Diablo manhole.

EXISTINGRIGHTEDGELINETOREMAIN
NO
NO
PAINT75' REDCURB
INSTALL RIGHTEDGELINE12' FROMCENTERLINE

DIANE AVE

FROMCHAINLINKFENCE REMOVEANYCHURCH DIRECTIONALSIGNAGE
12' CALIFORNIAAVE
FACING NORTHBOUND TRAFFIC BETWEEN THE PROPERTY LINE OF 271 & 261 INSTALL R2 "25 MPH SPEED LIMIT" SIGN 24" X 30"
853
SS-23: HIGHWAY 4 TRUNK LINE RELIEF (Segment A) (2007-09) (5201) SS-23: HIGHWAY 4 TRUNK LINE RELIEF (Segment A)
(2007-09) (5201)
Project No. Status:
5201 Awaiting funds
Estimated Project Cost: Project Limits:
$3,404,000 From east of Bailey Road to PG&E easement
Operation and Maintenance Funding Sources:
$0/year Eligible Funding Source: Sewer Facility
Reserve Fund
Identified Funding Source: $200,000 SFR
Project Description:

This project is the easterly segment (7,000 ft.) of the Highway 4 sewer trunk line that runs from Bailey Road to the PG&E easement, a total of 9,500 ft. This will be an increase from 12-inch pipe to 15-inch to accommodate new development. 854
SS-24: BART SPECIFIC PLAN SEWER MAIN
SS-24: BART SPECIFIC PLAN SEWER MAIN
Project No. Status:

TBD Awaiting funding.

Estimated Project Cost: Project Limits:
$284,000 Pittsburg-Bay Point BART Station Area
Funding Sources:

Eligible Funding Source: Sewer Facility
Reserve Fund
Identified Funding: None
Project Description:

This project is contingent on development north of West Leland Road, west of Bailey Road. This project will construct a parallel 8” pipe parallel to State Route 4 on the south side and will be approximately 1000’ long to improve capacity for future development.
855
SS-29: HIGHWAY 4 TRUNK LINE RELIEF (Segment B)
SS-29: HIGHWAY 4 TRUNK LINE RELIEF (Segment B)
Project No. Status:

Unknown Awaiting funds.

Estimated Project Cost: Project Limits:
$1,554,000 From Bailey Road to east.

Funding Sources:

Eligible Funding Source: Sewer Facility
Reserve Fund
Identified Funding: Developer Fees
Project Description:

This project is the western segment (2,500 ft.) of the State Route 4 sewer trunk line that runs from Bailey Road to the PG&E easement, a total of 9,500 ft. This will be an increase from 12-inch pipe to 15-inch to accommodate new development.
856
SS-31: OAK HILLS CENTER SEWER MAIN
SS-31: OAK HILLS CENTER SEWER MAIN
Project No. Status:

TBD Awaiting funding and development.

Estimated Project Cost: Project Limits:
$650,000 Behind Oak Hills Center adjacent to Bailey
Road
Funding Sources:

Eligible Funding Source: Sewer Facility
Reserve Fund
Identified Funding Source: None
Project Description:

This project is contingent on future development. It will increase capacity of the existing 1,300- foot 6” sewer line by pipe bursting to an 8” diameter sewer line when needed. The exact alignment of the pipe will be determined through design.
857
SS-34: 2016/17 SEWER REPLACEMENT AND REHABILITATION PROGRAM (5205) SS-34: 2016/17 SEWER REPLACEMENT AND REHABILITATION
PROGRAM (5205)
Project No. Status:
5205 Construction
Estimated Project Cost: Project Limits:
$12,927,500 North of School Street between Harbor Street and Railroad Avenue, Willow Pass Road, and Bayside
Knolls Subdivision
Funding Sources:

Eligible Funding Source: Sewer Operating (SOF),
Sewer Facility Reserves (SFR), Water Operations
(WOF), Water Facility Reserves (WFR), Water
Bond (WBond)
Identified Funding Source: $6,150,000 SOF
$460,000 SFR, $5,300,000 WOF, $77,500 WFR
503, $940,000 Wbond
Project Description:

Project will replace sewer and water mains that are maintenance problems. The bulk of this project will be the neighborhood north of School Street. Other areas include Willow Pass Road and Bayside Knolls Subdivision This project will be funded with water and sewer funds to replace infrastructure in the Schools Street area. 858
SS-36: 2020/21 SEWER REPLACEMENT/REHABILITATION PROGRAM (11th Street Area)
SS-36: 2020/21 SEWER
REPLACEMENT/REHABILITATION PROGRAM (11th
Street Area)
Project No. Status:
5209 Partially Funded
Estimated Project Cost: Project Limits:
$3,400,000 Black Diamond Street to Beacon Street and
West Santa Fe to West Tenth Street
Funding Sources:

Eligible Funding Source: Sewer Operations
Fund (SOF)
Identified Funding Source: $1,600,000 SOF,
$600,000 SFR, $500,000 new SOF
Project Description:

Project will replace older sewer mains and laterals lines in the core (central) portions of the City that have higher maintenance and lower reliability. 859
SS-37: 2024/25 SEWER REPLACEMENT/REHABILITATION PROGRAM SS-37: 24/25 SEWER REPLACEMENT/REHABILITATION

PROGRAM
Project No. Status:

TBD Projected Funding FY 24/25
Estimated Project Cost: Project Limits:
$2,400,000 Locations citywide
Funding Sources:

Eligible Funding Source: Sewer Operations
Fund
Identified Funding: none
Project Description:

Project will replace older sewer mains and laterals lines in the core (central) portions of the City that have higher maintenance and lower reliability. 860

CAPITAL IMPROVEMENT PROGRAM

STORM PROJECTS
861
SD-2 BUCHANAN PARK PARKING LOT RETROFIT
SD-2 BUCHANAN PARK PARKING LOT RETROFIT
Project No. Status:

Unknown Awaiting funding
Estimated Project Cost: Project Limits:
$975,000 Buchanan Park Parking Area
Funding Sources
Eligible Funding Sources: Proposition 1
Stormwater Grants
Identified Funding: none
Project Description:

Divert surface stormwater runoff from the parking lot area into vegetated swales and bioretention pockets throughout the parking lot area.
862
SD-3: FULL TRASH CAPTURE DEVICE (CALIFORNIA AVENUE AND LOVERIDGE ROAD)

SD-3: FULL TRASH CAPTURE DEVICE (CALIFORNIA AVENUE

AND LOVERIDGE ROAD)
Project No. Status:

Unknown Awaiting Funds

Estimated Project Cost: Project Limits: South eastern corner of $1,500,000 Loveridge Road and California Avenue
Operation and Maintenance Funding Sources:

Minimum of twice per year or
as required.

Eligible Funding Source: Grants
Identified Funding: None
Project Description:

This project involves installation of 50 linear feet of 36” Storm Flo Full Trash Capture screens, concrete foundation and overflow weir.

Installation of this device will help the City meet its required trash generation load reduction goals by capturing trash generated from approximately 90 acres of high and medium generation areas.
863
SD-4: FULL TRASH CAPTURE DEVICES (CITYWIDE)
SD-4: FULL TRASH CAPTURE DEVICES (CITYWIDE)
Project No. Status:

TBD Awaiting Funding

Estimated Project Cost: Project Limits: Areas identified as Very High, $ 50,000 High, and Medium Trash Generating areas
Citywide.

Operation and Maintenance Funding Sources
Minimum of four times per
year or as required.

Eligible Funding Source: Grants
Identified Funding Source: none
Project Description:

This project involves purchase and installation of proprietary in- structure full trash capture devices within catch basins located in areas of very high, high, and medium trash generating areas citywide to help meet the City’s required trash load reduction goals. 864
SD-5: W. 8th STREET STORM DRAIN PUMP STATION
SD-5: W. 8th STREET STORM DRAIN PUMP STATION
Project No. Status:

TBD Awaiting Funding

Estimated Project Cost: Project Limits: End of box culvert north of the $180,000 end of W. 8th Street
Operation and Maintenance Funding Sources
Eligible Funding Source: IRRF
Identified Funding: none
Project Description:

This project will install a dewatering pump to remove standing water in the box culvert north of W. 8th Street. Removal of the water will reduce silt buildup in the box culvert and prevent standing water in the box culvert on W. 8th Street which currently remains full of water year round since it is tied to the box culvert by a 12” storm drain pipe. 865
SD-6 PRAXIAR STORM WATER DIVERSION FOR KIRKER CREEK EAST OF

LOVERIDGE ROAD

SD-6 PRAXIAR STORM WATER DIVERSION FOR KIRKER

CREEK EAST OF LOVERIDGE ROAD
Project No. Status:

TBD Awaiting funding

Estimated Project Cost: Project Limits:
$1,250,000 Project is from intersection of East California Ave. and Loveridge Rd. to Kirker Creek Channel along
Pittsburg Antioch Hwy.

Funding Sources
Eligible Funding Sources: Kirker Creek Fund
Identified Funding: TBD
Project Description:

To construct an overflow storm drain line to accept additional storm water capacity in a line that was constructed with Highway 4 widening from an existing 25 year storm to a 50 year storm.
866
SD-7: WEST LELAND ROAD STORM DRAIN IMPROVEMENTS (CRESTVIEW DRIVE TO

BURTON AVENUE)

SD-7: WEST LELAND ROAD STORM DRAIN IMPROVEMENTS
(CRESTVIEW DRIVE TO BURTON AVENUE)

Project No. Status:

TBD unfunded

Estimated Project Cost: Project Limits:
$680,000 South west corner of Crestview Dr and West
Leland Rd to Burton Ave.

Funding Sources
Identified Funding: none
Project Description:

Construct new storm drain pipeline with inlets to prevent street flooding. Pipeline will begin with inlets located at the south west corner of Crestview Drive and West Leland Road. 867
SD-8 STORM DRAIN REPAIRS ON BUCHANAN ROAD/WEST LELAND ROAD SD-8 STORM DRAIN REPAIRS ON BUCHANAN ROAD/WEST

LELAND ROAD
Project No. Status:

TBD Unfunded

Estimated Project Cost: Project Limits:
$275,000 Location 1 - Buchanan Road East of Harbor Street Location 2 - W Leland Road at John Henry
Johnson Drive
Funding Sources
Eligible Funding Sources: IRRF, Measure J, Gas
Tax
Identified Funding: none
Project Description:

Significant settlement is occurring at Buchanan Road east of Harbor Street and at W Leland Road near John Henry Johnson Drive where existing storm drain pipes cross the road.

CCTV had identified deficiencies in the storm drain pipe at the Buchanan Road location and the exact cause of the settlement at W Leland is unknown at this time. Work will include investigation, design and construction for the replacement and/or in-place repair of existing storm drain piping and repair to the roadway surface to correct the settled areas and prevent future settlement.
868
SD-9: AMERICANA PARK/NORTH PARKSIDE STORM DRAINAGE PROJECT (2009-01)(8336)
SD-9: AMERICANA PARK/NORTH PARKSIDE STORM
DRAINAGE PROJECT (2009-01)(8336)
Project No. Status:
2009-01 Design Complete/Awaiting Funding
Estimated Project Cost: Project Limits:
$700,000 Polaris Drive to Parkside Drive
Funding Sources:

Eligible Funding Source: Kirker Creek
Improvement Fund, FEMA Grant
Identified Funding: $120,000 CCIF
$580,000 IRRF
Project Description:

This project will reduce overflows onto North Parkside Drive from the undersized detention pond at Americana Park by constructing a drainage channel across the PG&E utility corridor. Project requires obtaining an easement from PG&E. 869
SD-10: KIRKER CREEK IMPROVEMENT (LOVERIDGE ROAD TO DOW

CHANNEL
SD-10: KIRKER CREEK IMPROVEMENT (LOVERIDGE

ROAD TO DOW CHANNEL
Project No. Status:

TBD Awaiting funding
Estimated Project Cost: Project Limits:
$1,210,000 Kirker Creek East of Loveridge Road
Funding Sources:

Eligible Funding Source: Kirker Creek
Improvement Fund
Identified Funding Source: None
Project Description:

This project included planning, design and construction of improvements to prevent flooding along Kirker Creek north of the Pittsburg Antioch Hwy. This project includes improving the underside pipes, culverts and channels along Kirker Creek from Loveridge Road to Dow channel.
870
SD-11: STORM DRAIN MASTER PLAN UPDATE
SD-11: STORM DRAIN MASTER PLAN UPDATE
Project No. Status:

TBD Awaiting funding.

Estimated Project Cost: Project Limits:
$400,000 Citywide
Funding Sources:

Eligible Funding Source: Kirker Creek
Improvement Fund
Identified Funding Source: $100,000 Kirker
Creek Improvement Fund,
Project Description:

Phase Seven of the Stormwater Management Plan was completed in July 1999.

This project will update the Master Plan to ensure adequate capacity in the City’s storm drainage system now and in future years.
871
SD-12: KIRKER CREEK WATERSHED (State Route 4 to Garcia Avenue) SD-12: KIRKER CREEK WATERSHED (State Route 4 to
Garcia Avenue)
Project No. Status:

TBD Awaiting funding/Evaluating needs.

Estimated Project Cost: Project Limits:
$1,725,000 Kirker Creek from Hwy. 4 to Garcia Avenue
Funding Sources:

Eligible Funding Source: Kirker Creek
Impervious Surface Drainage Fee, Proposition
1 Grants
Identified Funding Source: none
Project Description:

This project will improve all the undersized pipes, and channels from Hwy 4 to Garcia Avenue. These improvements were identified in the July 1999, Stormwater Management Plan as conduits 8043, 8045, 8047, 8048, and 8049.

This project includes 955’ of channel restoration to promote stormwater infiltration improvements and 260’ of pipe improvements. 872
SD-13: KIRKER CREEK WATERSHED (Leland Road to Contra Costa Canal SD-13: KIRKER CREEK WATERSHED (Leland Road to
Contra Costa Canal
Project No. Status:

TBD Awaiting funding/Evaluating needs.

Estimated Project Cost: Project Limits:
$671,500 Kirker Creek from East Leland Rd to just
south of Stoneman Avenue
Funding Sources:

Eligible Funding Source: Kirker Creek
Impervious Surface Drainage Fee
Identified Funding Source: TBD
Project Description:

This project will improve all the undersized pipes, and culverts from East Leland Road to the Contra Costa Canal. These improvements were identified in the July 1999, Stormwater Management Plan as conduits 8053, 8057, 8061, and 8067.

This project includes 147’ of culvert improvements and 478’ of pipe improvements.
873
SD-14: KIRKER CREEK WATERSHED (Contra Costa Canal to Buchanan Road) SD-14: KIRKER CREEK WATERSHED (Contra Costa
Canal to Buchanan Road)
Project No. Status:

Awaiting funding/Evaluating needs.

Estimated Project Cost: Project Limits:
$595,000 Kirker Creek from Contra Costa Canal to
Buchanan Road
Funding Sources:

Eligible Funding Source: Kirker Creek
Impervious Service Drainage Fee
Identified Funding Source: TBD
Project Description:

This project will improve all the undersized pipes, and culverts from the Contra Costa Canal to Buchanan Road. These improvement were identified in the July 1999, Stormwater Management Plan as conduits 8071 and 8075. This project includes 425’ of culvert improvements and 114’ of pipe improvements. 874
SD-15: KIRKER CREEK WATERSHED (Buchanan Road to Kingswood) SD-15: KIRKER CREEK WATERSHED (Buchanan Road
to Kingswood)
Project No. Status:

TBD Awaiting funding/Evaluating needs.

Estimated Project Cost: Project Limits:
$2,060,000 Kirker Creek Watershed from Buchanan Road
to Kingswood

Funding Sources:

Eligible Funding Source: Kirker Creek
Impervious Surface Drainage Fee
Identified Funding Source: TBD
Project Description:

This project will improve all the undersized pipes, and channels from the Buchanan Road to Kingswood. These improvements were identified in the July 1999, Stormwater Management Plan as conduits 8077, 8083, 8085, and 8093.

This project includes 412’ of channel improvements and 2,794’ of pipe improvements.
875
SD-16: KIRKER CREEK WATERSHED (Ventura Area)
SD-16: KIRKER CREEK WATERSHED (Ventura Area)
Project No. Status:

TBD Awaiting funding/Evaluating needs
Estimated Project Cost: Project Limits:
$140,000 Kirker Creek from Ventura Drive, Piedmont
Way and Loveridge Road
Funding Sources:

Eligible Funding Source: Kirker Creek
Impervious Surface Drainage Fee
Identified Funding Source: TBD
Project Description:

This project will improve the undersized pipes near Ventura Drive, Piedmont Way and Loveridge Road. These improvements were identified in the July 1999, Stormwater Management Plan as conduits 8161, 8189, and 8227. This project includes 212’ of pipe improvements.
876
SD-17: KIRKER CREEK WATERSHED (Stoneman Avenue/Contra Costa Canal) SD-17: KIRKER CREEK WATERSHED (Stoneman
Avenue/Contra Costa Canal)
Project No. Status:

Awaiting funding/Evaluating needs.

Estimated Project Cost: Project Limits:
$1,005,000 Kirker Creek Watershed near Stoneman
Avenue and the Contra Costa Canal.

Funding Sources:

Eligible Funding Source: Kirker Creek
Impervious Surface Drainage Fee
Identified Funding Source: TBD
Project Description:

This project will improve all the undersized pipes, and culverts in the area of Stoneman Avenue and the Contra Costa Canal. These improvements were identified in the July 1999, Stormwater Management Plan as conduits 8179, 8183, 8240, and 8243. This project includes 265’ of culvert improvements and 1350’ of pipe improvements.
877
SD-18: KIRKER CREEK WATERSHED Los Medanos College Area
SD-18: KIRKER CREEK WATERSHED Los Medanos
College Area
Project No. Status:

TBD Awaiting funding/Evaluating needs.

Estimated Project Cost: Project Limits:
$1,079,000 Kirker Creek Watershed in the vicinity of LMC and south
Funding Sources:

Eligible Funding Source: Kirker Creek
Impervious Surface Drainage Fee
Identified Funding Source: none
Project Description:

This project will improve all the undersized pipes, in the vicinity of Los Medanos College and south to the Contra Costa Canal. These improvement were identified in the July 1999, Stormwater Management Plan as conduits 8271, 8280, and 8289. This project includes 1010’ of pipe improvements. 878
SD-19: LAWLOR CREEK WATERSHED (State Route 4 to Leland Road) SD-19: LAWLOR CREEK WATERSHED (State Route 4 to
Leland Road)
Project No. Status:

TBD Awaiting funding/Evaluating needs.

Estimated Project Cost: Project Limits:
$800,000 Lawlor Creek Watershed from Hwy. 4 to West
Leland Road
Funding Sources:

Eligible Funding Source: TBD
Identified Funding Source: none
Project Description:

This project will improve all the undersized pipes in the Lawlor Creek Watershed from Hwy 4 to West Leland Road. These improvement were identified in the July 1999, Stormwater Management Plan as conduits 3039 and 3041. This project includes 986’ of pipe improvements.
879
SD-20: LAWLOR CREEK WATERSHED (Contra Costa Canal to Santa Maria Drive)
SD-20: LAWLOR CREEK WATERSHED (Contra Costa
Canal to Santa Maria Drive)
Project No. Status:

TBD Awaiting funding/Evaluating needs.

Estimated Project Cost: Project Limits:
$165,000 Lawlor Creek watershed from Contra Costa
Canal to Santa Maria Drive
Funding Sources:

Eligible Funding Source: TBD
Identified Funding Source: None
Project Description:

This project will improve all the undersized pipes in the Lawlor Creek Watershed from Contra Costa Canal to Santa Maria Drive. These improvement were identified in the July 1999, Stormwater Management Plan as conduits 3083 and 3091. This project includes 363’ of pipe improvements.
880
SD-21: LAWLOR CREEK WATERSHED (West Leland Road to Oak Hills Circle) SD-21: LAWLOR CREEK WATERSHED (West Leland
Road to Oak Hills Circle)
Project No. Status:

TBD Awaiting funding/Evaluating needs.

Estimated Project Cost: Project Limits:
$460,000 Lawlor Creek Watershed from West Leland
Road
to Oakhills Circle
Funding Sources:

Eligible Funding Source:

Identified Funding Source: None
Project Description:

This project will improve all the undersized pipes in the Lawlor Creek Watershed from West Leland Road to Oakhills Circle. These improvement were identified in the July 1999, Stormwater Management Plan as conduits 3137 and 3138. This project includes 1058’ of pipe improvements.
881
SD-22: WATERSHED 4 (Willow Pass Road to Contra Costa Canal) SD-22: WATERSHED 4 (Willow Pass Road to Contra
Costa Canal)
Project No. Status:

TBD Awaiting funding/Evaluating needs.

Estimated Project Cost: Project Limits:
$178,500 Watershed 4 from Willow Pass Road to
Contra Costa Canal
Funding Sources:

Eligible Funding Source: TBD
Identified Funding Source: None
Project Description:

Watershed 4 is drained via natural swales and channels to the storm drainage system in developed areas north and south of Highway 4. This project will improve all the undersized pipes in Watershed 4 from Willow Pass Road to Contra Costa Canal. These improvement were identified in the July 1999, Stormwater Management Plan as conduits 4017 and 4039. This project includes 392’ of pipe improvements.
882
SD-23: WATERSHED 4 (Leland Road to Sugartree Drive)
SD-23: WATERSHED 4 (Leland Road to Sugartree Drive)
Project No. Status:

TBD Awaiting funding/Evaluating needs.

Estimated Project Cost: Project Limits:
$331,500 Watershed 4 from West Leland Road to
Sugartree Drive
Funding Sources:

Eligible Funding Source: TBD
Identified Funding Source: None
Project Description:

Watershed 4 is drained via natural swales and channels to the storm drainage system in developed areas north and south of Highway 4. This project will improve all the undersized pipes in Watershed 4 from West Leland Road to Sugartree Drive. These improvement were identified in the July 1999, Stormwater Management Plan as conduit 4051. This project includes 802’ of pipe improvements.
883
SD-24: WATERSHED 4 (Rock Ridge Way to End of Jacqueline Drive) SD-24: WATERSHED 4 (Rock Ridge Way to End of
Jacqueline Drive)
Project No. Status:

TBD Awaiting funding/Evaluating needs.

Estimated Project Cost: Project Limits:
$670,000 Rock Ridge Way to Jacqueline Drive
Funding Sources:

Eligible Funding Source:

Identified Funding Source: None
Project Description:

Watershed 4 is drained via natural swales and channels to the storm drainage system in developed areas north and south of Highway 4. This project will improve all the undersized pipes in Watershed 4 from Rock Ridge Way to Jacqueline Drive Terminus. These improvement were identified in the July 1999, Stormwater Management Plan as conduits 4071 and 4073. This project includes 2,864’ of pipe improvements.
884
SD-25: WATERSHED 5 (Hwy. 4 to Paige Court)
SD-25: WATERSHED 5 (Hwy. 4 to Paige Court)
Project No. Status:

TBD Awaiting funding/Evaluating needs.

Estimated Project Cost: Project Limits:
$93,500 Watershed 5 from Hwy 4 to Paige Ct.

Funding Sources:

Eligible Funding Source: TBD
Identified Funding Source: None
Project Description:

Watershed 5 drains entirely residential developments north and south of Highway 4 via storm drains. This project will improve the 24” pipe in Watershed 5 from Highway 4 to Paige Court. This is the only deficiency identified in Watershed 5.

These improvement were identified in the July 1999, Stormwater Management Plan as conduit 5053. This project includes 212’ of pipe improvements. 885
SD-26: WATERSHED 6 (City Park Storm Drain)
SD-26: WATERSHED 6 (City Park Storm Drain)
Project No. Status:

TBD Awaiting funding/Evaluating needs.

Estimated Project Cost: Project Limits:
$600,000 Watershed 6 in City Park
Funding Sources:

Eligible Funding Source: TBD
Identified Funding Source: None
Project Description:

Watershed 6 encompasses downtown Pittsburg and includes two areas, downtown Pittsburg and just south of Hwy 4. This project will improve undersized pipes in Watershed 6 in City Park. These improvement were identified in the July 1999, Stormwater Management Plan as conduits 6313, 6315, and 6317. This project includes 1,926’ of pipe improvements. 886
SD-29: WATERSHED 6 (Dover Way Storm Drain)
SD-29: WATERSHED 6 (Dover Way Storm Drain)
Project No. Status:

TBD Awaiting funding/Evaluating needs.

Estimated Project Cost: Project Limits:
$980,000 Watershed 6 Dover Way
Funding Sources:

Eligible Funding Source: TBD
Identified Funding Source: None
Project Description:

Watershed 6 encompasses areas in downtown Pittsburg and just south of Highway 4. This project will improve undersized pipes in Watershed 6 on Dover Way and Crestview. These improvement were identified in the July 1999, Stormwater Management Plan as conduits 6481, 6491, 6493, 6503, 6505, 6507, and 6509. This project includes 3,426’ of pipe improvements. 887
SD-31: WATERSHED 6 (Contra Costa Canal/Crestview Drive to Ramona Drive/Linscheid Drive)
SD-31: WATERSHED 6 (Contra Costa Canal/Crestview
Drive to Ramona Drive/Linscheid Drive)
Project No. Status:

TBD Awaiting funding/Evaluating needs
Estimated Project Cost: Project Limits:
$1,285,000 Alturas Avenue to Linscheid Drive
Funding Sources:

Eligible Funding Source: TBD
Identified Funding Source: None
Project Description:

Watershed 6 encompasses downtown Pittsburg and an area just south of State Route 4. This project will improve undersized pipes in Watershed 6 along the Contra Costa Canal, north of Alturas Avenue, to Ramona Drive/Linscheid Drive.

These improvement were identified in the July 1999, Stormwater Management Plan as conduits 6561, 6563, 6564, 6565, and 6567. This project includes 4,139’ of pipe improvements.
888
SD-32: WATERSHED 6 (Harbor Street/River Outfall to Harbor Street/School Street)
SD-32: WATERSHED 6 (Harbor Street/River Outfall to
Harbor Street/School Street)
Project No. Status:

TBD Awaiting funding/Evaluating needs
Estimated Project Cost: Project Limits:
$1,225,000 Watershed 6 on Harbor Street from the river
outfall to School Street.

Funding Sources:

Eligible Funding Source: TBD
Identified Funding Source: None
Project Description:

Watershed 6 encompasses downtown Pittsburg and an area just south of State Route 4. This project will improve undersized pipes in Watershed 6 on Harbor Street from the river outfall to School Street . These improvement were identified in the July 1999, Stormwater Management Plan as conduits 6003, 6005, 6007, 6011, 6013, 6015, 6019, 6023, and 6043. This project includes 4,992’ of pipe improvements.
889
SD-33: WATERSHED 6 (Stone Harbour Drive/Morro Drive to Brighton Drive) SD-33: WATERSHED 6 (Stone Harbour Drive/Morro Drive
to Brighton Drive)
Project No. Status:

TBD Awaiting funding/Evaluating needs.

Estimated Project Cost: Project Limits:
$800,000 Watershed 6 on Stone Harbour Drive from
Morrow Drive to Brighton Drive
Funding Sources:

Eligible Funding Source: TBD
Identified Funding Source: None
Project Description:

Watershed 6 encompasses downtown Pittsburg and an area just south of State Route 4. This project will improve undersized pipes in Watershed 6 on Stone Harbour Drive from Morro Drive to Brighton Drive. These improvement were identified in the July 1999, Stormwater Management Plan as conduits 6054, 6055, and 6057. This project includes 1,793’ of pipe improvements. 890
SD-34: WATERSHED 6 (Cumberland Drive/3rd Street to Railroad Ave/ 7th Street) SD-34: WATERSHED 6 (Cumberland Drive/3rd Street to
Railroad Ave/ 7th Street)
Project No. Status:

TBD Awaiting funding/Evaluating needs.

Estimated Project Cost: Project Limits:
$900,000 Watershed 6 Downtown Area
Funding Sources:

Eligible Funding Source: TBD
Identified Funding Source: None
Project Description:

Watershed 6 encompasses downtown Pittsburg and an area just south of State Route 4. This project will improve undersized pipes in Watershed 6 in the downtown area. These improvement were identified in the July 1999, Stormwater Management Plan as conduits 6109, 6111, 6113, and 6115. This project includes 2,061’ of pipe improvements.
891
SD-35: WATERSHED 6 (Marina Blvd and Bayside Drive)
SD-35: WATERSHED 6 (Marina Blvd and Bayside Drive)
Project No. Status:

TBD Awaiting funding/Evaluating needs.

Estimated Project Cost: Project Limits:
$250,000 Watershed 6 on Marina Blvd and Bayside
Drive
Funding Sources:

Eligible Funding Source: TBD
Identified Funding Source: None
Project Description:

Watershed 6 encompasses downtown Pittsburg and an area just south of State Route 4. This project will improve undersized pipes in Watershed 6 on Marina Blvd and Bayside Drive. These improvement were identified in the July 1999, Stormwater Management Plan as conduits 6165 and 6207. This project includes 593’ of pipe improvements.
892
SD-36: WATERSHED 6 (8th Street/Railroad Avenue to 8th Street Outfall at Montezuma Slough)
SD-36: WATERSHED 6 (8th Street/Railroad Avenue to 8th
Street Outfall at Montezuma Slough)
Project No. Status:

TBD Awaiting funding/Evaluating needs.

Estimated Project Cost: Project Limits:
$2,000,000 Watershed 6 Eight Street from Herb White
Way/Montezuma to Railroad Avenue
Funding Sources:

Eligible Funding Source: TBD
Identified Funding Source: None
Project Description:

This project will improve undersized pipes in Watershed 6 along West Eighth Street and Herb White Way. These improvement were identified in the July 1999, Stormwater Management Plan as conduits 6257, 6258, 6260, and 6263.

This project includes 2,154’ of pipe improvements. This project will also include stormwater controls to redirect surface stormwater runoff to vegetated areas to filter and manage stormwater flow.
893
SD-39 RAILROAD AND CIVIC AVENUE BIORETENTION

SD-39 RAILROAD AND CIVIC AVENUE BIORETENTION
Project No. Status:

TBD Being Studied
Estimated Project Cost: Project Limits:
$520,000 Civic Avenue from Center Drive to Railroad
Avenue
Funding Sources
Eligible Funding Sources: Proposition 1 grants
Identified Funding: none
Project Description:

Construct vegetated bioretention / swales alongside the northern portion of Civic Avenue at City Park and along Railroad Avenue to receive and treat surface stormwater runoff for treatment.
894
SD-40 ENVIRONMENTAL CENTER PARKING AREA IMPROVEMENTS

SD-40 ENVIRONMENTAL CENTER PARKING AREA

IMPROVEMENTS
Project No. Status:

TBD Being evaluated
Estimated Project Cost: Project Limits:
$780,000 Environmental Center
Funding Sources
Eligible Funding Sources: Proposition 1 Grant
Funds
Identified Funding: none
Project Description:

This project will construct improvements to divert surface stormwater runoff to vegetated bioretention areas.
895
SD-41 FRONTAGE ROAD GREEN PATH

SD-41 FRONTAGE ROAD GREEN PATH
Project No. Status:

TBD Being Evaluated
Estimated Project Cost: Project Limits:
$1,300,000 Frontage Road East of Dover Way
Funding Sources
Eligible Funding Sources: Proposition 1 Grant
Funds
Identified Funding: none
Project Description:

Construction of a Class I trail on Frontage Road from Dover Way to the end of the existing pedestrian trail at Chelsea Way. The project will install pathway swales and bioretention features.
896
SD-42 MARINA PARKING LOT MODIFICATIONS

SD-42 MARINA PARKING LOT MODIFICATIONS
Project No. Status:

TBD Being Studied
Estimated Project Cost: Project Limits:
$650,000 Parking lot at Marina
Funding Sources
Eligible Funding Sources: Proposition 1 Grants
Identified Funding: none
Project Description:

Construct improvements to parking lot landscaped areas to receive surface stormwater runoff for treatment.
897
SD-43 CITY PARKING LOT RETROFIT AT PITTSBURG ANTIIOCH HIGHWAY SD-43 CITY PARKING LOT RETROFIT AT PITTSBURG

ANTIIOCH HIGHWAY
Project No. Status:

TBD Being Evaluated
Estimated Project Cost: Project Limits:
$780,000 Northeastern corner of Harbor Street and
Pittsburg Antioch Highway
Funding Sources
Eligible Funding Sources: Proposition 1 Grant
Funds
Identified Funding: none
Project Description:

This project will retrofit the existing surrounding landscaped areas within the existing parking lot, and divert surface stormwater runoff into bioretention or vegetated areas. 898
SD-44: RAILROAD AVENUE BULB OUT RETROFIT

SD-44: RAILROAD AVENUE BULB OUT RETROFIT
Project No. Status:

TBD Being studied
Estimated Project Cost: Project Limits:
$1,000,000 Railroad Avenue From 10th to 3rd Streets
Funding Sources
Eligible Funding Sources: Proposition 1
Stormwater Grants
Identified Funding: none
Project Description:

Retrofit of existing bulb outs at the intersections on Railroad Avenue from 10th street to 3rd street, to receive the surface stormwater runoff from the concrete valley gutters and divert through vegetated treatment areas.
899
SD-45: RANGE ROAD-ROADWAY BIORETENTION

SD-45: RANGE ROAD-ROADWAY BIORETENTION
Project No. Status:

TBD Being evaluated

Estimated Project Cost: Project Limits:
$910,000 End of Range Road, south of State Route 4
Funding Sources
Eligible Funding Sources: Proposition 1
Stormwater Grants
Identified Funding: none
Project Description:

Construct roadway bioretention improvements at the end of Range Road to receive roadway stormwater runoff for treatment, and neighborhood greenway feature. 900
SD-46 RIVERVIEW PARK GREEN INFRASTRUCTURE PROJECT

SD-46 RIVERVIEW PARK GREEN INFRASTRUCTURE PROJECT
Project No. Status:

TBD Being Evaluated

Estimated Project Cost: Project Limits:
$780,000 Riverview Park
Funding Sources
Eligible Funding Sources: Proposition 1 Grant
Funding
Identified Funding: none
Project Description:

The project will incorporate vegetated swales and bioretention areas to receive surface stormwater runoff from adjacent roadway and parking areas. 901
SD-47 AMERICANA PARK DETENTION BASIN AND DRAINAGE RETROFITS

SD-47 AMERICANA PARK DETENTION BASIN AND DRAINAGE

RETROFITS
Project No. Status:

TBD Preliminary Design
Estimated Project Cost: Project Limits:
$1,500,000 Americana Park and North Parkside Drive
Funding Sources
Proposition 1 Implementation Grant, Developer
Contribution
Project Description:

This project will retrofit the undersized detention basin at Americana Park, to create a bioretention basin to accommodate adjacent surface runoff flow and improving landscaped portion of the City’s right of way along North Parkside Drive. 902
SD-48 WILLOW PASS ROAD ROADWAY BIORETENTION

SD-48 WILLOW PASS ROAD ROADWAY BIORETENTION
Project No. Status:

TBD Awaiting funding
Estimated Project Cost: Project Limits:
$500,000 Willow Pass Road,
Funding Sources: Stormwater Grants
Identified Funding Sources: none
Project Description:

Construct 3,000 linear feet of bioswales on the north and south sides of Willow Pass Road to treat surface stormwater runoff from the adjacent roadway. 903
SD-49 STONEMAN AVENUE STORM DRAIN REPLACEMENT/REPAIR

SD-49 STONEMAN AVENUE STORM DRAIN REPLACEMENT/REPAIR
Project No. Status:

Unknown Unfunded
Estimated Project Cost: Project Limits:
$500,000 Stoneman Avenue between Meadowbrook Circle
and Briarcliff Drive
Funding Sources: SOF, NPDES Stormwater
Fund, Kirker Creek Fund
Identified Funding Sources: None
Project Description:

This project will replace/repair the collapsed 24” storm drain line and inlets on Stoneman Avenue between Meadowbrook Circle and Briarcliff Drive. 904
SD-50: KIRKER CREEK SLOPE REPAIR (PA HWY)
SD-50: KIRKER CREEK SLOPE REPAIR (PA HWY)
Project No. Unknown Status: Unfunded
Estimated Project Cost: Project Limits:
$700,000 Kirker Creek, approximately 1,800 feet to the east of Loveridge Road
Funding Sources: Kirker Creek Watershed Fee,
other sources TBD

Identified Funding Sources: None
Project Description:

This project will consist of repairing a portion of the southern creek slope that has been undermined. The repair work will consist of loose debris removal, and stabilizing the creek bank to prevent damage to the adjacent roadway.
905
SD-51: LOIS AVENUE BACKYARD STORM DRAIN SWALE REPAIR
SD-51: LOIS AVENUE BACKYARD STORM DRAIN SWALE
REPAIR
Project No. Unknown Status: Unfunded
Estimated Project Cost: Project Limits:
$200,000 Pacini Avenue to Ramona Street
Funding Sources: TBD
Identified Funding Sources: None
Project Description:

The existing City storm drainage swale behind the homes located on Lois Avenue, Encina Place, and Gold Crest Court needs to be reconstructed. Approximately 930 feet of existing swale from Pacini Avenue to Ramona Street, has retaining wall damage and overgrown trees which have impacted the continuous flow of stormwater. Repairs may consist of replacement of concrete swale and installation of storm drain-pipe. 906
SD-52: MEADOWS AVENUE STORM DRAIN REPAIR
SD-52: MEADOWS AVENUE STORM DRAIN REPAIR
Project No. Unknown Status: Unfunded
Estimated Project Cost: Project Limits:
$100,000 Meadowbrook Circle to Briarcliff Drive
Funding Sources: NPDES, Kirker Creek
Identified Funding Sources: None
Project Description:

Remove and replace approximately 111 feet of damaged 24’ corrugated metal pipe that crosses the Contra Costa Water District’s canal access road. Repair work consists of removal of rip rap and other debris, removal and replacement of new pipe, connecting to City’s existing storm drain manhole 2802.
907

CAPITAL IMPROVEMENT PROGRAM

BUILDING PROJECTS
908
B-2: CORPORATION YARD FUELING SYSTEM REPLACEMENT PROJECT B-2: CORPORATION YARD FUELING SYSTEM REPLACEMENT

PROJECT
Project No. Status:
3118 Design and Remediation

Estimated Project Cost: Project Limits:
$900,000 357 East 12th Street- Corporation Yard
Funding Sources
Eligible Funding Sources: State Grants, Dept
Budgets that use Vehicles and Equipment
Identified Funding: $400,000 Building & Fleet
Maintenance, $400,0000 new Building & Fleet
Maintenance
Project Description:

The fleet fueling system at the Corporation Yard is out of compliance per State regulatory requirements and needs major upgrades including new piping, fueling island, single wall tank replacement with above ground tanks, new dispensers, island cover and new Concrete pad. The new location of the above ground tank will be at the Environmental Center. 909
B-5: POLICE EVIDENCE & INTAKE ROOM IMPROVEMENTS

B-5: POLICE EVIDENCE & INTAKE ROOM IMPROVEMENTS
Project No. Status:
3119 Permitting/Construction

Estimated Project Cost: Project Limits:
$500,000 Police Department, Pittsburg City Hall
Funding Sources
Eligible Funding Sources: General Fund, Grants
Identified Funding: $150,000 Building, $350,000
General Fund
Project Description:

Design, renovation of existing office and storage spaces, including installation of equipment and modifications to mechanical, plumbing and electrical systems to allow the more efficient use of space for evidence processing (intake room) and storage in compliance with applicable codes, regulations and best practices for law enforcement investigation and safety.
910
B-6: POLICE EVIDENCE STORAGE BUILDING

B-6: POLICE EVIDENCE STORAGE BUILDING
Project No. Status:

TBD Conceptual
Estimated Project Cost: Project Limits:
500,000 Vicinity of Pittsburg City Hall
Funding Sources
Eligible Funding Sources: General Fund, Grants
Identified Funding:

Project Description:

Design and construction of evidence storage building, including plumbing, electrical, ventilation and security components for the processing and storage of evidence for the Pittsburg Police Department. Building components must comply with various codes, regulations and best practices for law enforcement investigation and safety. 911
B-7: CIVIC CENTER REPAIR
B-7: CIVIC CENTER REPAIR
Project No. Status:

Unknown Unfunded
Estimated Project Cost: Project Limits:
$120,000 Civic Center
Funding Sources:

Eligible Funding Source: General Fund
Building Maintenance
Identified Funding:

Project Description:

This project will complete major repair projects for the Civic Center that come up including HVAC repair and carpet. These funds will be set aside until needed. 912
B-8: LACTATION ROOM AT CITY HALL

B-8: LACTATION ROOM AT CITY HALL
Project No. Status:

Unknown Unfunded
Estimated Project Cost: Project Limits:
$50,000 Pittsburg City Hall
Funding Sources
Eligible Funding Sources: General Fund, Grants
Identified Funding:

Project Description:

This project will convert an existing area at City Hall to provide a lactation room at City Hall. 913
B-12: PURCHASE CORP YARD ANNEX (359 East Twelfth St.)
B-12: PURCHASE CORP YARD ANNEX (359 East Twelfth
St.)
Project No. Status:

Unknown Unfunded
Estimated Project Cost: Project Limits:
$1,650,000 City Corporation Yard at 357 East 12th Street Funding Sources:

Eligible Funding Source: TBD
Identified Funding Source: Not funded
Project Description:

This project will involve expansion and an addition of a warehouse at the City’s existing maintenance yard.

REDWOODSTREET

CENTRALAVE
INSTALL"CHILDRENATPLAY" SIGN25' SOUTHOFRETURN
914
B-52: CIVIC CENTER PARKING STRUCTURE
B-52: CIVIC CENTER PARKING STRUCTURE
Project No. Status:

To be determined Awaiting funding.

Estimated Project Cost: Project Limits:
$5,000,000 To Be Determined
Funding Sources:

Eligible Funding Source: To Be Determined
Identified Funding: None
Project Description:

This project will construct a parking structure near City Hall and the Courthouse for use by both facilities.
915
B-53 DOWNTOWN SURFACE PARKING LOT
B-53 DOWNTOWN SURFACE PARKING LOT
Project No. Status:

To be determined Awaiting funding
Estimated Project Cost: Project Limits:
$1,500,000 Fifth Street, Cumberland to Railroad Avenue
Funding Sources:

Eligible Funding Source: TBD
Identified Funding: None
Project Description:

This project will construct a new parking lot at East 5th Street to increase available parking for the downtown area.
916
B-53 DOWNTOWN SURFACE PARKING LOT
B-54 DOWNTOWN PARKING STRUCTURE
Project No. Status:

To be determined Awaiting funding
Estimated Project Cost: Project Limits:
$5,000,000 To Be Determined
Funding Sources:

Eligible Funding Source: TBD
Identified Funding: None
Project Description:

This project will construct a new parking lot at East 5th Street to increase available parking for the downtown area. In addition, bioretention treatment areas will be constructed to treat surface stormwater runoff. 917
B-55 CIVIC CENTER/SENIOR CENTER EOC UPGRADES
B-55 CIVIC CENTER/SENIOR CENTER EOC UPGRADES
Project No. Status:

TBD Unfunded
Estimated Project Cost: Project Limits:
$80,000 Civic Center & Senior Center
Funding Sources:

Eligible Funding Source: General Fund
Identified Funding Source:

Project Description:

This project will complete required upgrades needed for the City’s Emergency Operations Center at both the Civic Center and the Senior Center. 918
B-56: POLICE DEPARTMENT WOMEN’S LOCKER ROOM EXPANSION
B-56: POLICE DEPARTMENT WOMEN’S LOCKER ROOM

EXPANSION
Project No. Status:
3120 Projected Funding FY 22/23
Estimated Project Cost: Project Limits:
$350,000 City Hall-PD Women’s Locker Room
Funding Sources:

Eligible Funding Source: General Fund,
Building Maintenance
Identified Funding: $50,000 GF
Project Description:

This project will expand the women’s locker room at City Hall. Current funds allocated will begin design of this project.
919

CAPITAL IMPROVEMENT PROGRAM

PARK PROJECTS
920
PK-2: OLD GROWTH TREE CARE

PK-2: OLD GROWTH TREE CARE
Project No. Status:

TBD Unfunded

Estimated Project Cost: Project Limits:
$100,000  Buchanan Park
 Railroad Avenue between Alvarado
and State Route 4
 City Park
Funding Sources
Eligible Funding Sources:

Identified Funding:

Project Description:

Funding is requested to prune old grown Eucalyptus trees. Existing stands of Eucalyptus are too tall for in-house staff and equipment to manage and their pruning needs have not been addressed in a timely manner. The lack of tree care is detrimental to the trees’ health and aesthetic appearance.
921
PK-4: ANNUAL PLAYGROUND REPLACEMENT PROJECT
PK-4: ANNUAL PLAYGROUND REPLACEMENT PROJECT
Project No. Status:
3071 Locations being prioritized by Public Works/
Recreation Staff
Estimated Project Cost: Project Limits:
$75,000 Annually
$375,000 thru term of 5-year
CIP
Citywide Park System
Funding Sources:

Eligible Funding Source: Park Dedication Funds
(PDF), Grants
Identified Funding: $75,000 new PDF, $375,000
future PDF
Project Description:

Recurring annual project for replacement of playground equipment and related amenities at public parks throughout the City. Priority for locations determined by Public Works with input from Recreation Services.
922
PK-5: CASP ACCESSIBILITY IMPROVEMENT IN PARKS
PK-5: CASP ACCESSIBILITY IMPROVEMENTS IN PARKS
Project No. Status:

TBD Unfunded

Estimated Project Cost: Project Limits:
$150,000 Citywide
Funding Sources:

Eligible Funding Source: Park Dedication Fees
(PDF)
Identified Funding: Unknown
Project Description:

Project to install, repair, or construct improvements at City owned parks as recommended by Certified Access Specialist Program (CASP) – ADA survey of facilities and prioritized by Public Works staff.
923
PK-6: CITY PARK SOCCER FIELD TURF REPLACEMENT
PK-6: CITY PARK SOCCER FIELD TURF REPLACEMENT
Project No. Status:
3072 Funded

Estimated Project Cost: Project Limits:
$250,000 City Park
Funding Sources:

Eligible Funding Source: Park Dedication Funds
(PDF), Grants
Identified Funding: $250,000 PDF
Project Description:

Replacement of all, or portions, of the all-weather turf soccer field at City Park. 924
PK-7: DE ANZA PARK WALKWAY REHABILITATION AND BASKETBALL COURT PK-7: DE ANZA PARK WALKWAY REHABILITATION AND

BASKETBALL COURT
Project No. Status:

TBD Unfunded

Estimated Project Cost: Project Limits:
$500,000 De Anza Park
Funding Sources:

Grants & Park Dedication Fees (PDF)
Project Description:

Project to rehabilitate/repair/ reconstruct deteriorated walkways and for design and construction of basketball court at De Anza Park. Install bioretention treatment areas to treat surface stormwater runoff.
925
PK-8: BIENNIAL PLAYFIELD REPLACEMENT
PK-8: BIENNIAL PLAYFIELD REPLACEMENT
Project No. Status:

Not Funded 3076 Partially Funded

Estimated Project Cost: Project Limits:
$250,000 biennial City Wide
($500,000 thru term of 5-year
CIP)

Funding Sources:

Eligible Funding Source: Grants & Park Dedication
Fees (PDF)
Identified Funding Source: $366,000 existing PDF,
$500,000 Future PDF
Project Description:

Recurring $250,000 biennial project for public parks throughout the City. Priority for locations determined by Public Works with input from Recreation Services. 926
PK-9: ANNUAL PARK FEATURES REPLACEMENT PROJECT
PK-9: ANNUAL PARK FEATURES REPLACEMENT PROJECT
Project No. Status:
3073 Locations being prioritized by Public Works/
Recreation Staff
Estimated Project Cost: Project Limits:
$600,000 Citywide Parks
Funding Sources:

Eligible Funding Source: Park Dedication Funds
(PDF), Grants
Identified Funding: $300,000 PDF, $75,000 new
PDF, $300,000 future PDF
Project Description:

Recurring annual project for the replacement of features and amenities such as drinking fountains, picnic tables, benches, lighting, pavement, and ADA accessibility at public parks throughout the City. Priority for locations determined by Public Works with input from Recreation Services.
927
PK-10: BIENNIAL RESTROOM REPLACEMENT/REHABILITATION
PK-10: BIENNIAL RESTROOM REPLACEMENT/REHABILITATION
Project No. Status:
3074 Locations being prioritized by Public Works
Recreation Staff

Estimated Project Cost: Project Limits:
$250,000 biennial
$500,000 thru term of 5-year
CIP

Citywide Parks
Funding Sources:

Eligible Funding Source: Park Dedication Funds
(PDF), Grants
Identified Funding: $390,000 PDF, $250,000 new
PDF
Project Description:

Recurring biennial project for replacement and rehabilitation of restrooms in public parks throughout the City. Priority for locations determined by Public Works with input from Recreation Services.
928
PK-11: BUCHANAN SWIM CENTER IMPROVEMENTS/SOLAR HEATING
PK-11: BUCHANAN SWIM CENTER IMPROVEMENTS/

SOLAR HEATING
Project No. Status:

To be determined Awaiting funding
Estimated Project Cost: Project Limits:
$300,000 Buchanan Swim Center
Funding Sources:

Eligible Funding Source: Park Dedication
Fee
Identified Funding Source: None.

Project Description:

This project will install a solar system to supplement heating improve the parking lot.
929
PK-12 ALL ABILITIES PLAYGROUND
PK-12: ALL ABILITIES PLAYGROUND
Project No. Status:

Unknown Awaiting funding

Estimated Project Cost: Project Limits:
$2,000,000 Park facilities Citywide
Funding Sources:

Grants & Park Dedication Fees (PDF)
Project Description:

Project to design and construct an All-Abilities Playground within a city park with amenities accessible and appropriate for use by children of all abilities. 930
PK-14: SKATE PARK AT STONEMAN NORTH
PK-14: SKATE PARK AT STONEMAN NORTH
Project No. Status:

TBD Awaiting funding.

Estimated Project Cost: Project Limits:
$480,000 To Be Determined
Funding Sources:

Eligible Funding Source: Park Dedication Fee
Identified Funding Source: TBD
Project Description:

This project will provide for an approximate 10,000 square foot Skateboard Park.

The park may include prefabricated jump ramps, bleachers, fencing, lighting, and drinking fountain. This project will be close to parking, restrooms and a bus stop. 931
PK-15: ANNUAL CITYWIDE PARK SIGN REPLACEMENT PROGRAM
PK-15: ANNUAL CITYWIDE PARK SIGN REPLACEMENT

PROGRAM
Project No. Status:
3075 Partially Funded

Estimated Project Cost: Project Limits:
$50,000 annual
$250,000 thru term of 5-year
CIP
Citywide Park System
Funding Sources:

Eligible Funding Source: Park Dedication Funds
(PDF), Grants
Identified Funding: $150,000 PDF, $50,000 new
PDF
Project Description:

Recurring annual project for replacement of destination signs at public parks throughout the City. Priority for locations determined by Public Works with input from Recreation Services. 932
PK-26: BUCHANAN PARK RENOVATIONS
PK-26: BUCHANAN PARK RENOVATIONS
Project No. Status:

TBD Awaiting funding

Estimated Project Cost: Project Limits:
$8,500,000 Buchanan Park
Funding Sources
Eligible funding sources: PDF, Grants
Identified funding sources: None
Project Description:

The project would add the following new amenities to the existing Buchanan Park:
basketball court, splash pad, public art, and will replace the existing community center with a larger LEED certified center, replace deteriorated pedestrian walkways with pervious pathways and expand and resurface parking areas. The community center is proposed to be an expansion to 8,000 sf from the current 3,000 sf facility. Outdoor space designated for outdoor recreation and open space at the park comprised more than half of the area of the 16-acre park.
933
PK-40: DREDGE BUCHANAN PARK POND
PK-40: DREDGE BUCHANAN PARK POND
Project No. Status:

TBD Awaiting funding.

Estimated Project Cost: Project Limits:
$200,000 Buchanan Park
Funding Sources:

Eligible Funding Source: PDF
Identified Funding Source: TBD
Project Description:

This project will dredge the 1 acre Buchanan Park pond to its original design depth of four feet.
934
PK-41: BUCHANAN PARK SCHOOL AGE PLAYGROUND
PK-41: BUCHANAN PARK SCHOOL AGE PLAYGROUND
Project No. Status:

TBD Awaiting funding.

Estimated Project Cost: Project Limits:
$250,000 Buchanan Park
Funding Sources:

Eligible Funding Source: PDF
Identified Funding Source: none
Project Description:

This project will install a school age playground to the north of the Buchanan Center building to benefit those families using the facility and the group picnic area.
935
PK-42: OAK HILLS PARK RESTROOM
PK-42: Oak Hills Park Restroom
Project No. Status:
3123 Design
Estimated Project Cost: Project Limits:
$500,000 Oak Hills Park
Funding Sources:

Eligible Funding Source: PDF
Identified Funding: $500,000 PDF, $100,000
new PDF
Project Description:

This project will construct a restroom at Oak Hills Park. This neighborhood park is highly utilized and has had many requests for a bathroom. The project will include ADA access to the facility.
936

CAPITAL IMPROVEMENT PROGRAM

GENERAL PROJECTS
937
G-2: CITY STANDARD DETAILS UPDATE
G-2: CITY STANDARD DETAILS UPDATE
Project No. Status:
2215 Design
Estimated Project Cost: Project Limits:
$100,000 N/A
Funding Sources:

Eligible Funding Source: WOF, SOF,
Measure J, Gas Tax, IRRF, PDF
Identified Funding: $32,000 WOF, $11,000
SOF, $26,000 Gas Tax, $31,000 PDF,
$30,000 new SOF, $30,000 new WOF
Project Description:

The Pittsburg Standard Details were last updated in 2014, with a partial update.

Since that time the City has undertaken an update to the Pittsburg Standard Specifications. The update to the Standard Specifications has initiated the need to update related standard details.

This project will provide for the necessary updates to the Standard Details Updating of the Standard Details, combined with the current Standard Specifications update, will help staff, developers, contractors, and consultants to ensure that the City receives materials, construction methods, and quality assurance that it needs for City owned and maintained infrastructure. 938
G-7: PG&E STREET LIGHT FACILITIES ACQUISITION
G-7: PG&E STREET LIGHT FACILITIES ACQUISITION
Project No. Status:

TBD Awaiting funding
Estimated Project Cost: Project Limits:
$1,050,000 Citywide
Funding Sources:

Eligible Funding Source:

Identified Funding: TBD
Project Description:

This will provide funding to buy out street lights from PG&E so they can be City owned and maintained, instead of the City paying PG&E for maintenance. There are approximately 3,671 PG&E-owned street lights in the City. The City currently owns approximately 32%, or 1,163 of the 4,834 street lights in the City. This project will not only save the City annual operating funds but will allow the Public Works Department to provide improved and more responsive service to street light complaints.
939
G-9: ADA TRANSITION PLAN UPDATE
G-9: ADA TRANSITION PLAN UPDATE
Project No. Status:

TBD Awaiting funding.

Estimated Project Cost: Project Limits:
$50,000 Citywide
Funding Sources:

Eligible Funding Source:

Identified Funding: None
Project Description:

This project will survey current City facilities, including public buildings and curb ramps at intersections, to determine whether they are compliance with the Americans with Disabilities Act (ADA). For facilities not currently in compliance, the transition plan prioritizes, identifies funding for, and may establish a broad timeline for achieving compliance with current ADA requirements. 940
G-12: CITY LIMIT ENTRANCE FEATURES
G-12: CITY LIMIT ENTRANCE FEATURES
Project No. Status:

TBD Awaiting funding.

Estimated Project Cost: Project Limits:
$120,000 City entrances
Funding Sources:

Eligible Funding Source:

Identified Funding: TBD
Project Description:

This project will construct entrance features at major entrances to the City. 941
G-25: EAST 8th STREET UNDERGROUND UTILITIES (RR AVE TO HARBOR ST)
G-25: EAST 8TH STREET UNDERGROUND UTILITIES
(Railroad Avenue to Harbor Street)
Project No. Status:

To be determined Awaiting Funding
Estimated Project Cost: Project Limits:
$840,000 E. Eighth Street
Funding Sources:

Eligible Funding Source: Rule 20A
Identified Funding Source: None
Project Description:

This project will remove overhead utilities and place them underground along East Eighth Street and the linear park from Railroad Avenue to Harbor Street. 942
G-26: INSTALL CITYWIDE EV CHARGING STATIONS
G-26: INSTALL CITYWIDE EV CHARGING STATIONS
Project No. Unknown Status:

Site selection and existing electrical infrastructure
assessments
Estimated Project Cost: Project Limits:
$200,000 This project would include installation of up to 10 Level 2 electric vehicle charging stations
throughout the City.

Funding Sources:

Solid Waste Fund 210
Project Description: With the goal of increasing access and use of electric transportation in Pittsburg, the project aims to install several publicly available Level 2 EV charging stations in areas like the waterfront, marina, high traffic parks, and downtown. The project will include the following major milestones:
 Final sites selection,
 Existing electrical infrastructure assessments at sites  Permitting, installation, signage and striping at sites not requiring electrical upgrades  Permitting and project acceptance by PG&E, construction, installation of ports, signage and striping 943
G-27: CITYWIDE EV INFRASTRUCTURE AND FLEET VEHICLE UPGRADES G-27 CITYWIDE EV INFRASTRUCTURE AND FLEET VEHICLE

UPGRADES
Project No. Status:

Unknown Preliminary
Estimated Project Cost: Project Limits:
$2,500,000 This project would include upgrading existing infrastructure to accommodate EV charging
stations throughout the City and PW EV fleet
replacements.

Funding Sources:

Unknown
Project Description: The goal of the project is aimed at updating existing infrastructure to accommodate the City’s transition to an all EV fleet for PW & PD staff. In addition, this project will install several secured and shared EV charging stations for City staff & public to utilized in high traffic areas like the marina, city parks, downtown, City EC and Corp Yard. 944
G-28: CITYWIDE ELECTRICAL GRID UPGRADES (PD CAMERAS)
G-28: CITYWIDE ELECTRICAL GRID UPGRADES (PD

CAMERAS)
Project No. TBD Status: TBD

Estimated Project Cost: Project Limits:
$3,000,000 Citywide
Funding Sources: TBD
Eligible Funding Source: Unknown
Identified Funding: TBD
Project Description: Design, purchase, and installation of equipment and network jointly owned and operated by LOCAL LAW ENFORCEMENT AGENCIES for the purpose of law enforcement, investigation, and surveillance. Equipment to be installed would consist of cameras, license plate readers, shot spotter technology, wireless backbone infrastructure, and associated hardware and software. Cameras are to be installed at designated sections along State Route 4 and City-wide.
945

CAPITAL IMPROVEMENT PROGRAM

PITTSBURG POWER

PROJECTS
946
PP-1: CABLE REPLACEMENT PROJECT
PP- 1: CABLE REPLACEMENT PROJECT
Project No.: Status:
5814 Funded

Estimated Project Cost: Project Limits:
$250,000 Island Energy Service Territory
Operation and Maintenance Funding Sources
Eligible Funding Source: Island Energy Reserves
Identified Funding Source: $250,000 Island
Energy Reserves
Project Description:

This project will replace approximately 6,000 feet of electrical cable. This project is expected to improve system reliability.
947
PP-2: DUCT BANK AND VAULT REPLACEMENTS

PP-2: DUCT BANK AND VAULT REPLACEMENTS
Project No. Status:
5816 Partially Funded
Estimated Project Cost: Project Limits:
$550,000 Island Energy
Funding Sources
Eligible Funding: Island Energy Fund (IE)
Identified Funding: $450,000 IE
Project Description:

Specific sections of the Island energy system have been identified for duct bank and vault replacement as being critical for system reliability and “backbone” expansion. The project supports the Lennar waterfront development and the Mare Island “North End” – which includes existing ALCO and EPS customers, and the anticipated City of Vallejo master development north of G Street.
948
PP-3: UPGRADE STATION “M” (BLDG 577)

PP-3: UPGRADE STATION ‘M’ (BLDG 577)
Project No. Status:

TBD Unfunded
Estimated Project Cost: Project Limits:
$180,000 Railroad Ave. @ H St. – Mare Island
Funding Sources
Eligible Funding Source: Island Energy Capital
Reserve Acct.

Identified Funding Source: None
Project Description:

Upgrade Island Energy Station “M” (Mare Island Building 577; 7400sqft) for greater crew accessibility, functionality, security, improved appearance and additional materials / tool storage.

Island Energy (“IE”) controls the Station M property through a legacy grant-deed easement from the US Navy. The easement is broad in its description, and describes any easement use as necessarily supporting the operation of the electric and gas utility. Upgrade of Station M is consistent with the grant of easement.

The project scope contemplates and may include architectural assessment and treatments, siding repair/painting, roof repair/painting, window/door replacement and other facility repair or upgrade including new internal/external lighting and security.

Internal space planning will include the addition of crew facilities – changing room, showers, restroom, laundry area and potentially meeting and break area (all potentially indoormodular applications). A structural deck, in the north-end area above existing inside switchgear and planned crew facilities, will be constructed for materials and tools storage. 949
PP-5: WATERFRONT AREA RELIABILITY PROJECT

PP-5: WATERFRONT AREA RELIABILITY PROJECT
Project No. Status:
5820 Preliminary Assessment – Phase 1
Estimated Project Cost: Project Limits:
$700,000 Berth 12 – 18 Mare Island
Funding Sources
Eligible Funding Source: Island Energy Reserves
Identified Funding Source: $500,000 Island
Energy Reserves
Project Description:

The Waterfront Area Reliability Project (“WARP”) contemplates the modernization of up to eight (8) Utility electrical substations serving the Mare Island waterfront area. The waterfront hosts Pittsburg Power Company (PPC) Utility’s single largest commercial electrical customer, “Mare Island Dry Docks” (MIDD).

The waterfront area is prone to Utility equipment failures (“outages”) often during critical periods of operation. Existing Utility facilities include underground lead cable, transformers and breaker sets that are over 40 years old. The dry docks serve demanding US Navy ship repair contracts and exceptionally high electrical loads. Electrical reliability is key to the viability of the MIDD business, which primarily serves the US Navy.

Phase 1 Project scope includes engineering assessments, work scoping, cost estimating and the procurement of critical reliability equipment plus performing intermediate fixes / repairs. Subsequent Phases will address replacement of and adding redundant underground primary voltage circuits along with breakers and transformer equipment.

Utility cost recovery is being contemplated through Customer special rate assessments and other mechanisms.
950
PP-8: OUTAGE RECOVERY PROJECT

PP-8: OUTAGE RECOVERY PROJECT
Project No. Status:
5821 Partially Funded
Estimated Project Cost:
$225
Project Limits:
$520,000 Mare Island PPC Utility Service Territory
Funding Sources
Eligible Funding Source: Island Energy
Identified Funding: $120,000 IE, $40,000 new IE
Project Description:

To provide ready capital resources to immediately respond to Pittsburg Power Company (“PPC”) Utility electrical and natural gas outages in the interest of the timely restoration of Customer services and the assurance of Public Safety.
“Outages” are characterized as the unpredicted failure of Utility equipment, including but not limited to, underground electrical cable faults, breaker failures, transformer failures, gas main line and regulator breaches and other related Utility equipment. Outages can affect small groups of Customers, or all of the Mare Island service territory.

The project scope includes procurement of “Emergency” 3rd party resources, heavy equipment rental, general material procurement and the procurement of repair or replacement facility equipment. Each Outage is unique, and demands will vary. The CIP ‘Estimated Project Cost’ assumes three (3) outages at an average expense of $40,000 each – generally seen as the historical average.
951
PP-9: SCADA SYSTEM INSTALL

PP-9: SCADA SYSTEM INSTALL
Project No. Status:

Unknown Preliminary Assessment
Estimated Project Cost: Project Limits:
$600,000 Multiple Substations - Mare Island
Funding Sources
Eligible Funding Source: Island Energy Capital
Reserve Acct.

Identified Funding Source: none
Project Description:

Install utility Supervisory Control and Data Acquisition System (SCADA). 952
PP-10: RA REPLACEMENT PROJECT

PP-10: RA REPLACEMENT PROJECT
Project No. Status:

Unknown Preliminary Assessment
Estimated Project Cost: Project Limits:
$320,000 Mare Island
Funding Sources
Eligible Funding Source: Island Energy Capital
Reserve Acct.

Identified Funding Source: none
Project Description:

Replace up to ten (10) RA assemblies with new PME devices 953
PP-13: NORTH ISLAND DUCTBANK RELOCATION

PP-13: NORTH ISLAND DUCTBANK RELOCATION
Project No. Status:

Unknown Preliminary Assessment
Estimated Project Cost: Project Limits:
$1,200,000 Nimitz Ave. and Railroad Ave. – Mare Island
Funding Sources
Eligible Funding Source: Island Energy Capital
Reserve Acct.

Identified Funding Source: none
Project Description:

Re-locate the Station M to Station N 12kV “Backbone” ductbank from Railroad Ave. to Azuar Ave.
954
PP-15: STATION F RECONSTRUCTION

PP-15: STATION F RECONSTRUCTION
Project No. Status:
5825 Construction
Estimated Project Cost: Project Limits:
$260,000 Mare Island PPC Utility Service Territory
Funding Sources
Eligible Funding Source: Island Energy Capital
Reserve Acct.

Identified Funding: $260,000 IE
Project Description:

To reconstruct Station F to include a) re-engineering for greatest system reliability and the technical specification of necessary disconnects and two (2) replacement vacuum fault interrupters (“VFI’s”) and b) procurement and installation of the VFI’s.

Station F is a critical 12kV distribution substation serving both residential and commercial / industrial customers on Mare Island. Station F has been the point of several recent equipment failures with resultant customer electrical outages. The failures had been determined to be caused by moisture in the existing VFI’s, resulting in catastrophic failure of the devices.

The project scope includes determining how best to provide system protection to residential customers, increase system flexibility in re-routing power in the event of other system faults and improving reliability to the substation itself.
955
PP-16: STATION H BREAKER REPAIR
PP-16: STATION H BREAKER REPAIR
Project No. Status:

TBD Preliminary Study
Estimated Project Cost: Project Limits:
$300,000 Station H Substation @ Azuar Ave. and Correa
St., Mare Island
Funding Sources: Unknown
Project Description:

Hire contractors to drain oil from transformer radiator to allow for gasket replacement on transformer/ radiator interface. During further inspection, it appears the 115kv bushings seem to be failing due to oil being visible in the sight glass section. While the transformer is drained, perform test on tap changer section as well as a transformer turns ratio (TTR), megameter, and power factor test to verify transformer is working properly. This will ensure that the future load we are expecting will be able to be supplied efficiently as this is one of the two transformers that provide power for our entire service territory. 956
PP-17: RESIDENTIAL GAS VALVE ISOLATION INSTALLATION
PP-17: RESIDENTIAL GAS VALVE ISOLATION INSTALLATION
Project No. TBD Status: Preliminary engineering
Estimated Project Cost: Project Limits: Mare Island residential 6 A,B,C $300,000
Funding Sources: Unknown
Project Description:

Island Energy crew to excavate our existing gas pipeline to install isolation valves through our residential area to allow safe and localized isolation in the event of a gas leak. Due to the locations of the proposed valve installations, contractors will need to be hired to replace ADA compliant sidewalk ramps where needed.
957
PP-18: ELECTRICAL SUBSTATION BATTERY REPLACEMENT
PP-18: Electrical Substation Battery Replacement
Project No. TBD Status: On-Going Electrical System Upgrade Estimated Project Cost: Project Limits: Island Energy Electrical Stations $150,000
Funding Sources: Unknown
Project Description:

The existing substation batteries used at Island Energy’s electrical stations are deemed outdated and inefficient. Island Energy plans to systematically replace existing station batteries to secure power source for electrical system control and monitoring. Island Energy will perform the battery replacement in-house as part of the Preventive Maintain and Repair plan. The fund will be used mostly for purchase of new station battery banks. 958
PP-19: FORMER NRF WHARF SHORE POWER
PP-19: FORMER NRG WHARF SHORE POWER
Project No. Status:

Unknown Pre Pre--planning planning
Estimated Project Cost: Project Limits:
$ 850,000 Riverview Park. Installation of electrical
infrastructure to the former NRG pier.

Funding Sources:

Waterfront: Fund 541-49991-5711 for items
through PG&E approval of the project (estimated
$500,000 for PG&E interconnection application,
PG&E system upgrade, legal, preliminary review
and engineering studies)
PPC: $350,000 from PPC Enterprise Fund 590
Project Description: the project will include the following major milestones:
• Preliminary studies to determine best route and method for establishing 480v, 2000A of electrical service to the former NRG pier to accommodate industrial wharf users (such as mooring, shore power and minor repair of commercial vessels, large barges, and smaller ships).
• Negotiation of an interconnection agreement with PG&E to extend power from existing transformer in Riverview Park to the former NRG pier but retain PPC ownership of connection lines with PPC to provide retail electric service. • PG&E Grant of Interconnection and Project Design
• Construction and Commissioning
959

CAPITAL IMPROVEMENT PROGRAM

MARINA PROJECTS
960
M-2: BOAT LAUNCH FACILITY AND CENTRAL HARBOR PARK UPGRADES M-2: BOAT LAUNCH FACILITY AND CENTRAL HARBOR PARK

UPGRADES
Project No. Status:
5504 Partially Funded
Estimated Project Cost: Project Limits:
$1,500,000 Central Harbor Park
Funding Sources
Eligible Funding Source:

Prop. 68 CA Delta Conservancy Grant, Waterfront
Fund 540
Identified Funding:
$172,155 Prop. 68 Planning Grant from the CA
Delta Conservancy, $10,462 from Waterfront and
Env. Services Div.

Project Description:

The project will include upgrades to Central Harbor Park (Park), the Boat Launch Facility restrooms (BLF), and their associated parking lots. Upgrades will include but are not limited to improved Americans with Disabilities Act (ADA) accessible paths of travel at and between the Park and BLF, demolition of old and construction of new public restrooms, touristtargeted signs and viewing benches, educational signage, a fish cleaning station, picnic tables, security infrastructure including fencing, strategic landscaping, a police substation, parking lot signage and striping, and lighting, and a play structure. 961
M-4: REPLACE COVERED BERTHS IN CENTRAL HARBOR (SHEDS 1,2 &3)

M-4: REPLACE COVERED BERTHS IN CENTRAL HARBOR
(SHEDS 1, 2, & 3)
Project No. Status:

Unknown Awaiting Funding

Estimated Project Cost: Project Limits:
$425,000 Central Harbor of the Marina
Funding Sources:

Eligible Funding Source: Unknown
Identified Funding Source: Unknown
Project Description:

Sheds 1, 2, & 3, are the oldest structures in the Marina. They are estimated to be well over 50 years old. In addition to their age, the shed heights create a problem for modern boats with taller fly bridges. The Marina has a waiting list for the newer covered berths, while these older sheds do not fill up. This project will replace deteriorating covered berths in the Central Harbor.
962
M-5: REMODEL RESTROOMS AND SHOWERS IN RIVERVIEW BASIN

M-5: REMODEL RESTROOMS AND SHOWERS IN RIVERVIEW
BASIN
Project No. Status:

Unknown Awaiting Funding

Estimated Project Cost: Project Limits:
$225,000 Rivierview Marina
Funding Sources:

Eligible Funding Source: TBD
Identified Funding Source: TBD
Project Description:

As there has been an increase in the live-aboard population at the Marina, the use of facilities has expanded beyond the original design. The number of toilets, sinks, and showers need to be re-assessed. This project will remodel and rehabilitate the showers and restrooms at the Riverview Marina.
963
M-8: MARINA SOUTH PARKING LOT IMPROVEMENTS

M-8: MARINA SOUTH PARKING LOT IMPROVEMENTS
Project No. Status:

Unknown Concept Plan only

Estimated Project Cost: Project Limits:
$50,000 City Marina’s Southern Parking Lot on Marina
Boulevard
Funding Sources
Eligible Funding Sources: Gas Tax, Measure J,
IRRF, IE, PP, Grants
Identified Funding: none
Project Description:

Repave or seal parking lot A.C. pavement and repair failed areas. Install signage, pavement markers and markings to accommodate vehicles with boat trailers. Project may include removal of trees and construction of concrete curbs.
964
M-10: RIVERVIEW PARK PIER REPAIRS

M-10: RIVERVIEW PARK PIER REPAIRS
Project No. Status:

Unknown Awaiting Funding

Estimated Project Cost: Project Limits:
$75,000 Riverview Park
Funding Sources:

Eligible Funding Source: Marina Enterprise Fund
Identified Funding Source: TBD

Project Description:

This project will increase ease of use for fishermen, enhance amenities like fishing pole holders, wind blockers, and benches, and address damages at the Riverview Park dock. 965
M-11: MARINA INFRASTRUCTURE REPAIR AND REPLACEMENT

M-11: MARINA INFRASTRUCTURE REPAIR AND

REPLACEMENT
Project No. Status:

TBD Planning
Estimated Project Cost: Project Limits:
$500,000 Approximate Project Location
Funding Sources
Eligible Funding Source: Wildlife Conservation
Board Grants, Land & Water Conservation Fund
Grants, CA Division of Boating & Waterways
Grants & Loans, WF, ME, Identified Funding
Source: $40,000 Marina Funds
Project Description:

This project is in anticipation of replacement and repair needs for Marina infrastructure above and beyond normal maintenance. Replacement of wooden docks 1-3, electrical panels on guest docks, electrical meters, restrooms at Riverview Basin, and more. 966
M-12: CITY OF PITTSBURG WHARF REPAIR PROJECT
M-12: CITY OF PITTSBURG WHARF REPAIR PROJECT
Project No. Status:

Unknown Planning and Active Pursuit of Funding
Estimated Project Cost: Project Limits:
$11,600,000 Implementation Funding
Funding Sources
NRG Lease Termination Fee: $2,600,000 secure
Community Facilities District (Bay Walk): $625,000 annually (starting 2024) expected.

New Trust Lands Lease $2,000,000 seeking
Public Financing: $5,000,000 seeking
Federal Community Directed Funding: $2,000,000 seeking.

Project Description:

Pittsburg Wharf (formerly NRG Wharf) is in fair to poor structural condition. The timber, concrete, and steel Wharf was originally constructed in the 1950s with significant expansion in the 1970s. While the Wharf has not been in industrial operation since 2013 and the City assumed ownership in 2021, it is no longer in a condition suitable to be used industrially.

The goal of this project is to repair the existing Wharf (within its existing square footage) and surrounding area so that it may be suitable for maritime uses.

The overall wharf is 1100-feet long, connected to land by a 630-foot by 10-foot trestle.

Supported by hundreds of timber and steel piles, the wharf has two vessel berthing locations. The outside face of the wharf can berth ships and barges and the inside of the Wharf has a barge berthing location. According to a Conditions Assessment conducted in 2021, the trestle is in fair to poor condition and the outside and inner berthing structures show damage ranging from minor to severe. Ancillary structures like dolphins and catwalks have experienced similar breakdown. Tasks necessary to prepare the wharf for maritime uses include:

1. Engineering and project design, including geotechnical engineers.

2. Permitting (including dredge permits)

3. Construction (Removal and replacement of several elements)

4. Dredge at least 75,000 cubic yards of material around the Wharf 967
M-13: WATERFRONT BREAKWATER MAINTENANCE
M-13: WATERFRONT BREAKWATER MAINTENANCE
Project No. Unknown Status:

Conditions Assessment quoted
Estimated Project Cost: Project Limits:
$285,000 Breakwater along the waterfront of City-owned
parcels (municipal marina and Riverview Park).

Not an emergency breakwater repair or
construction project.

Funding Sources:

Eligible Funding Source: WF 540, ME 550, 551
Identified Funding:

Project Description: This project aims to address long term viability of the rip rap and steel breakwater structures integral to the safety and integrity of the City’s waterfront/marina.

Following a condition analysis, a regular maintenance schedule will be created, and minor as-needed repairs will be conducted. The condition assessment will determine whether more significant breakwater projects or repairs are required. Important significant milestones in this project include conditions assessment, permitting (if needed due to work over/in the water), and maintenance activities.
968
M-14: MARINA SHEDS REPAIR AND REPLACEMENT PROJECT
M-14: MARINA SHEDS REPAIR AND REPLACEMENT PROJECT
Project No. Unknown Status:

Pre-planning
Estimated Project Cost: Project Limits:
$2,000,000 replace covered berth sheds 1-3 in Basin 1 and repair covered berth sheds in Basins 2 and 3.

Funding Sources:

Eligible Funding Source: WF 540, ME 550, 551
Identified Funding:

Project Description: This project aims to address aged berth sheds at the Pittsburg Marina. Starting with the most dilapidated, the project will replace covered berth sheds 1-3 in Basin 1. Following a condition analysis, repairs and replacements as needed will also be conducted for sheds in Basins 2 and 3. If possible, this project will also include the installation of solar panels, if feasible, on the roofs of the new and/or repaired sheds. The City will generate power to use at the Marina and if capacity reduce utility bills through net metering. Important significant milestones in this project include conditions assessment, design, permitting (due to work over the water), and construction. 969
M-14: MARINA TRAIL CONSTRUCTION
M-15: MARINA TRAIL CONSTRUCTION
Project No. Unknown Status:

Pre-planning

Estimated Project Cost: Project Limits:
$195,000 The shoreside of the Mean High-Water Line. This project will not impact the water.

Funding Sources:

Waterfront Fund 540
Marina Fund 550

Project Description:

This project will remove existing concrete and convert the existing walkway to a trail made of recycled aggregate base. The project will include the following major milestones:
 Permitting
 Design
 Demolition
 Installation of header board
 Construction of a 5-foot wide x 675-foot long trail of recycled aggregate base  Tree maintenance as needed
970
M-16: REGULAR MAINTENANCE OF MARINA PARKING LOTS
M-16: REGULAR MAINTENANCE OF MARINA PARKING LOTS
Project No. Unknown Status:

Pre-planning
Estimated Project Cost: Project Limits:
$360,000 Regular maintenance for the five parking lots
owned by the Marina.

Funding Sources:

Eligible Funding Source: WF 540, ME 550, 551
Identified Funding: Unknown
Project Description: This project includes periodic regular restriping, resealing, and resigning the Yacht Club parking lot, the Central Harbor Park parking lot, the public boat launch ramps parking lot, and the parking lots directly north and south of the 51 Marina Blvd. building.
971
Exhibit "A"- Funding Allocations
2022/23 through 2026/27 5-Year CIP
ST-11 HSIP 10-Crestview Drive Pavement and Pedestrian Improvement Project $ 100,000 203 HUTA
ST-52 Annual Citywide Signing and Striping $ 50,000 203 HUTA ST-60 FY 22/23 Street Maintenance Project $ 200,000 203 HUTA ST-41 Annual Citywide Fence/Soundwall/Streetlight
Replacement/Sidewalk Installation and Repair $ 75,000 204 MJ ST-96 Citywide Arterial Median Conversion $ 50,000 204 MJ ST-101 FY 22/23 Citywide Traffic Calming $ 75,000 204 MJ ST-59 SB1 FY 22/23 Pavement Management Project $ 800,000 228 RMRA ST-60 FY 22/23 Street Maintenance Project $ 200,000 228 RMRA ST-100 SB1 FY 22/21 STIP/OBAG II Pavement Improvement Project $ 500,000 228 RMRA S-11 FY 22/23 Traffic Signal Modification Project $ 100,000 228 RMRA PK-4 Annual Playground Replacement Project $ 75,000 304 PDF PK-9 Annual Park Features Replacement Project $ 75,000 304 PDF PK-10 Biennual Restroom Replacement/Rehabilitation $ 250,000 304 PDF PK-15 Annual Citywide Park Sign Replacement Program $ 50,000 304 PDF PK-42 Oak Hills Park Restroom $ 100,000 304 PDF
W-1 Water System Master Plan $ 100,000 501 WOF
W-6 WTP Capital Repairs and Improvement (5058) $ 75,000 501 WOF W-8 20/21 Watermain Installation/Replacement Program (Pittsburg Heights) $ 2,000,000 501 WOF
W-10 Highlands Ranch Reservoir Recoating $ 200,000 501 WOF W-11 Automatic Water Meter Reading System (5030) $ 300,000 501 WOF W-34 WTP Disinfection Mod and Conversion $ 1,000,000 501 WOF W-39 Annual Filter Media Replacement $ 100,000 501 WOF
W-40 22/23 Watermain Installation/Replacement Program $ 1,000,000 501 WOF W-107 Bodega Court Water System Loop Project $ 100,000 501 WOF G-2 City Standard & Details Update (Final) $ 30,000 501 WOF W-34 WTP Disinfection Mod and Conversion $ 500,000 502 WFR SS-2 FY 22/23 Sewer Replacement/Rehabilitation Project (Central Addition Phase I) $ 200,000 521 SOF
SS-36 FY 21/22 Sewer Replacement/Rehabilitation (11th Street Area) $ 1,000,000 521 SOF G-2 City Standard & Details Update (Final) $ 30,000 521 SOF PP-8 Outage Recovery Project $ 40,000 580 Island
Energy
G-26 Install Citywide EV Charging Station $ 30,000 210 SW Fund No. Fund
Name
Project
Number Project Name
New
Requested
Allocation

Page 1 ends

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 Purchase and Sale Agreement between the City of Pittsburg and Pittsburg Land Holdings LLC
MEETING DATE: July 18, 2022

EXECUTIVE SUMMARY
The City of Pittsburg (“City”) and Pittsburg Land Holdings LLC, a subsidiary of AVAIO Digital Partners I LLC (“AVAIO”) propose to enter into a purchase and sale agreement (“PSA”) for the sale of certain real properties consisting of Assessor Parcel Numbers (“APN”) 095-150- 032; 094-080-011; 095-160-001; 095-160-002; 094-090-001; 094-080-002 (collectively, the “Property”) consisting of approximately 101.7 acres of vacant land along the south side of West Leland Road, at the terminus of Golf Club Road, for a total amount of $16,779,327.41 (“Purchase Price”). The PSA is accompanied by a secured promissory note and deed of trust which outline the parties’ respective responsibilities related to the PSA.

FISCAL IMPACT
Approval of the PSA would result in the sale of 101.7 acres of land for a total amount of $16,779,327.41, which would support the City’s General Fund. Certain costs related to the sale of the property, such as title insurance and escrow costs, are anticipated.

The City and AVAIO propose to enter into a seller carryback financing arrangement in which the City has agreed to provide seller carryback financing to AVAIO for the Purchase Price.

RECOMMENDATION
Staff recommends the City Council adopt a resolution approving the PSA between the City and AVAIO, including a secured promissory note and deed of trust.

BACKGROUND
On August 1, 2017, the City and Pittsburg Power Company (“PPC”) entered into an exclusive negotiating rights agreement (“ENRA”) obligating the City and PPC to negotiate the sale of Property totaling approximately 101.7 acres at the former Delta View Golf Course 973
for development of a technology park, including the development of one or more data centers.

On June 5, 2018, the City and Energy Delivery Solutions LLC (“EDS”), entered into an Option Agreement to transfer and sell the Property to EDS. Pursuant to Section 1 of the Option Agreement, the City granted an exclusive option to EDS to purchase the Property, with a five-year term to exercise the option. On October 8, 2019, the City and EDS amended the Option Agreement, to extend the period for exercising the option through June 4, 2028.

On July 31, 2019, the ENRA term was extended to July 31, 2020. On October 7, 2019, the City Council and PPC adopted resolutions approving the Second Amendment to the ENRA, extending the term through July 31, 2021, upon execution. On December 21, 2020 the City Council adopted a resolution extending the ENRA to July 31, 2022 upon execution to July 31, 2024 upon the submittal of a Final Environmental Impact Report (“EIR”) by EDS; and to July 31, 2029, should EDS either: 1) spends at least One Million Dollars ($1,000,000.00) in construction costs for the technology park Project at the Property; or 2) enters into a binding contract with a counterparty for the acquisition of one or more Property. The Option Agreement also established the cost per acre for the Property.

In early 2022, AVAIO acquired the assets of EDS, and the City executed a novation agreement allowing the assignment of the ENRA and Option Agreement to AVAIO. On February 7, 2022, the City Council adopted Resolution No. 22-14051, declaring the Property as Exempt Surplus Land Under California Government Code Section 54234(a)(1). On March 9, 2022, California Department of Housing and Community Development responded to the City concurring with the City Council’s determination.

SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.

STAFF ANALYSIS
As previously mentioned, the Property is under an ENRA and Option Agreement; the latter of which establishes an agreed upon purchase price for the Property. The proposed PSA would set forth certain terms and conditions concerning the sale of the property, but would not entitle any development. Any future project will be the subject of environmental review under CEQA and require numerous discretionary approvals and public hearings.

As this project represents a Public-Private Partnership which the City and PPC believe can be a mutually beneficial undertaking, both parties would accept certain obligations to help ensure its success, including but not limited to those described below.

As part of this PSA, the City has agreed to provide seller carryback financing to AVAIO, in the principal amount of $16,779,327.41, under the terms and conditions set forth in the Promissory Note. The “carryback loan” shall be evidenced by a Secured Promissory Note (“Note”). The Note shall be secured by a first position Deed of Trust, Assignment of Rents, Security Agreement and Fixture Filing with the City as beneficiary to secure repayment.

Pursuant to the Note, the City shall release from the lien of the Deed of Trust such parcels as may be requested in writing by AVAIO (any such property being a “Released Property”) provided that AVAIO shall pay to City a Release Price as set forth in Exhibit B to the Note for each such parcel.
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As a condition of closing, the City shall record a lot line adjustment involving the following three parcels: APNs 094-090-001; 094-080-002 and 094-080-014 to legally establish the parcels to be conveyed. Interest pursuant to the Note shall accrue on an annual basis on the principal balance outstanding, but will not become payable until 42 months after the effective date of the PSA, provided that upon the expiration of the deferral period, the City shall have the option to deliver written notice to Borrower requesting that Borrower either (a) pay all accrued unpaid interest within sixty (60) days after written demand therefor, and thereafter continue to pay all accrued interest in annual installments on December 31st of each subsequent year until the Maturity Date, or (b) (i) terminate this Note, the Deed of Trust and any obligations hereunder or thereunder as to any Property conveyed to the City pursuant to (ii), and (ii) provide a quitclaim deed transferring title to all of the Property (exclusive of any Released Property) to the City within sixty (60) days after Borrower’s election to terminate this Note. The entire unpaid principal balance and all interest and other sums accrued hereunder shall be due and payable upon the earlier of a transfer of 1) all or any part of the Property or 2) June 4, 2028.

Within the twelve (12) month period commencing on the effective date of the PSA, AVAIO would be required to file for a power interconnection with Pacific Gas and Electric (PG&E) and prepare preliminary stage architectural designs. In the event of a sale by AVAIO of one or more, or a portion of the Property for a project outside of the proposed tech park, AVAIO and the City shall share the proceeds, minus expenses related to the sale.

ATTACHMENTS:

1. Resolution

2. Purchase and Sale Agreement

3. Promissory Note (Exhibit B to PSA)

4. Deed of Trust (Exhibit C to PSA)
Report Prepared By: Jordan Davis, Director of Community and Economic Development 975
Resolution No. 22-_____ Page 1 of 3 July 18, 2022

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

Approving a Purchase and Sale Agreement ) RESOLUTION NO. 22-_____ between the City of Pittsburg and )
Pittsburg Land Holdings LLC )
WHEREAS, the City of Pittsburg (“City” or “Seller”) is the owner of real property at or in the vicinity of the Delta View Golf Course in Pittsburg, California. The parcels total approximately 101.70 acres, and is comprised of land on the following Assessor’s Parcel Numbers: 095-150-032, 094-080-011, 095-160-001, 095-160-002, 094-090-001, 094-080-002 (collectively, the “Property”); and
WHEREAS, on June 5, 2018, the City and Energy Delivery Solutions LLC (“EDS”) entered into an Option Agreement to transfer and sell the Property to EDS; and WHEREAS, pursuant to Section 1 of the Option Agreement, the City granted an exclusive option to EDS to purchase the Property, with a five-year term to exercise the option; and
WHEREAS, on October 8, 2019, the City and EDS amended the Option Agreement, to extend the period for exercising the option through June 4, 2028; and WHEREAS, in early 2022, Pittsburg Land Holdings LLC, a subsidiary of AVAIO Digital Partners I LLC (“AVAIO” or “Buyer”) acquired the assets of EDS, and the City executed a novation agreement allowing the assignment of the ENRA and Option Agreement to AVAIO; and
WHEREAS, pursuant to Section 54234(a)(1) of the Surplus Land Act, and the California Department of Housing and Community Development’s (HCD) Surplus Land Act Guidelines, if a local agency, as of September 30, 2019, has entered into a legally binding agreement to dispose of property, and the disposition of the property is completed by December 31, 2022, the local agency is exempt from Articles II and III of the Surplus Land Act Guidelines; and
WHEREAS, the Property was subject to a legally binding agreement for its disposal prior to September 30, 2019, and the City desires to complete the disposition of the Property to EDS’s successor in interest prior to December 31, 2022; and WHEREAS, on February 7, 2022, the City Council adopted Resolution No. 22- 14051, declaring the Property as Exempt Surplus Land Under California Government Code Section 54234(a)(1); and
WHEREAS, on March 9, 2022, HCD responded to the City concurring with the City Council’s determination; and
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Resolution No. 22-_____ Page 2 of 3 July 18, 2022
WHEREAS, in connection with this Purchase and Sale Agreement (“PSA”), Seller has agreed to provide seller carryback financing to Buyer, in the principal amount of Sixteen Million Seven Hundred Seventy-Nine Thousand Three Hundred TwentySeven Dollars and Forty-One Cents ($16,779,327.41), under the terms and conditions set forth in a Secured Promissory Note (“Carryback Loan”). The Carryback Loan shall be evidenced by a Secured Promissory Note substantially in the form attached as Exhibit B to the PSA (“Note”). The Note shall be secured by a first position Deed of Trust, Assignment of Rents, Security Agreement and Fixture Filing with the City as beneficiary, substantially in the form attached as Exhibit C to the PSA (“Deed of Trust”), to be recorded in the Official Records of Contra Costa County, encumbering the Property described in the Deed of Trust, to secure the repayment of the Carryback Loan and the performance of the other obligations set forth in the Note and the Deed of Trust; and
WHEREAS, nothing in the proposed PSA, Note, or Deed of Trust constitutes a commitment by Seller to approve any land use entitlements, approvals or permits of any development or project that Buyer may propose for the Property, including, but not limited to the “Project” as defined in the Option Agreement. Any such development or project on the Property shall be subject to environmental review under the California Environmental Quality Act (Pubic Resources Code Section 21000, et seq.) (“CEQA”), requiring numerous discretionary approvals and agreements, and no development or project proposed for the Property shall be deemed approved until after (i) the proposed development or project is reviewed in accordance with the requirements of CEQA; (ii) any additional conditions to the development or project based on the CEQA review have been resolved in a manner reasonably acceptable to the parties to the PSA, and (iii) all required permits for the development or project have been obtained from the City and other governmental authorities with jurisdiction in accordance with applicable laws and regulations.

NOW THEREFORE BE IT RESOLVED that the City Council authorizes the City Manager to negotiate and execute a Purchase and Sale Agreement, Secured Promissory Note, and Deed of Trust between the City and AVAIO in substantial conformance with the documents presented to the City Council during a duly noticed public meeting on July 18, 2022.

BE IT FURTHER RESOLVED the City Manager is hereby authorized to negotiate and execute any and all documents and take such further actions as may be necessary or appropriate to carry out the City Council’s direction pursuant to this Resolution.

BE IT FURTHER RESOLVED that this Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (“CEQA”). The City Council has determined that the sale of this property does not entitle any development that would have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to State CEQA Guidelines Section 15060(c)(3) because it is not a project as defined by the CEQA Guidelines Section 15378. Adoption of the 977
Resolution No. 22-_____ Page 3 of 3 July 18, 2022
Resolution does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. If and when a discretionary entitlement is sought, that future use and project will be analyzed at the appropriate time in accordance with CEQA.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 18th day of July 2022 by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
______________________________
Holland Barrett White, Mayor
ATTEST:
___________________________
Alice E. Evenson, City Clerk
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SF #4880-4563-3302 v7

PURCHASE AND SALE AGREEMENT

AND JOINT ESCROW INSTRUCTIONS

THE CITY OF PITTSBURG

A MUNICIPAL CORPORATION
“SELLER”
and

PITTSBURG LAND HOLDINGS, LLC

A DELAWARE LIMITED LIABILITY COMPANY
(or its assignee)
“BUYER”
Dated as of ______________ ___, 2022
For the Real Property Known as
APNs 095-150-032; 094-080-011; 095-160-001; 095-160-002; 094-090-001; 094-080-002 Contra Costa County
Pittsburg, California
979
SF #4880-4563-3302 v7 2

PURCHASE AND SALE AGREEMENT

AND JOINT ESCROW INSTRUCTIONS

THIS PURCHASE AND SALE AGREEMENT AND JOINT ESCROW
INSTRUCTIONS (this “Agreement”) is entered into as of the Effective Date (as defined below), by and between the City of Pittsburg, a municipal corporation (“Seller”) and Pittsburg Land Holdings, LLC, a Delaware limited liability company (“Buyer”). Seller and Buyer are each individually referred to herein as a “Party” and collectively as the “Parties.”

RECITALS
A. Seller is the owner of certain real property located in Pittsburg, California, designated with APNs 095-150-032; 094-080-011; 095-160-001; 095-160-002; 094-090-001; 094-080-002, consisting of approximately 101.7 acres (the “Real Property”), as more particularly described in Exhibit A attached hereto and incorporated by this reference, together with all rights and interests appurtenant thereto, including, without limitation, any water and mineral rights, development rights, parking rights, air rights, easements and rights-of-way (collectively with the Real Property, the “Property”).

B. Seller and Buyer enter into this Agreement pursuant to and in accordance with that certain Option Agreement between Seller and Buyer’s predecessor-in-interest, Energy Delivery Solutions LLC, dated June 5, 2018, as amended by that First Amendment to Option Agreement between Seller and Energy Delivery Solutions LLC dated October 8, 2019 (collectively, the “Option Agreement”).

C. As is the case in the Option Agreement, nothing in this Agreement constitutes a commitment by Seller to approve any land use entitlements, approvals or permits of any development or project that Buyer may propose for the Property, including, but not limited to the “Project” as defined in the Option Agreement. Any such development or project on the Property shall be subject to environmental review under the California Environmental Quality Act (Pubic Resources Code Section 21000, et seq.) (“CEQA”), requiring numerous discretionary approvals and agreements, and no development or project proposed for the Property shall be deemed approved until after (i) the proposed development or project is reviewed in accordance with the requirements of CEQA; (ii) any additional conditions to the development or project based on the CEQA review have been resolved in a manner reasonably acceptable to the Parties, and (iii) all required permits for the development or project have been obtained from Seller and other governmental authorities with jurisdiction in accordance with applicable laws and regulations.

NOW THEREFORE, for and in consideration of the mutual covenants and agreements set forth in this Agreement and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by the Parties, Seller and Buyer hereby agree as follows:

1. Recitals and Exhibits. The Recitals set forth above and the Exhibits attached to this Agreement are each incorporated into the body of this Agreement as if set forth in full.

2. Agreement to Buy and Sell. Subject to the terms and conditions set forth herein, Seller agrees to sell the Property to Buyer, and Buyer agrees to acquire the Property from Seller. 980
SF #4880-4563-3302 v7 3

3. Defined Terms. The terms listed below shall have the following meanings throughout this Agreement:

Seller: The City of Pittsburg
a municipal corporation
Seller’s Address: 65 Civic Avenue
Pittsburg, California 94565
Attention: Attention: City Manager
Buyer: Pittsburg Land Holdings, LLC
a Delaware limited liability company
Buyer’s Address: 88 Richmond Hill Rd.

Greenwich, Connecticut 06831
Attn: Mark McComiskey
Real Property: Defined in Recital A.

Property: The Real Property.

Purchase Price: Sixteen Million Seven Hundred Seventy-Nine Thousand Three Hundred Twenty Seven Dollars and forty-one cents
($16,779,327.41).

Closing Date: On a date mutually agreeable to Buyer and Seller, but in no event more than sixty (60) days after the Effective Date.

Escrow Holder: Old Republic Title Insurance Company
1000 Burnett Avenue Suite 400
Concord, CA 94520
Attn: Sean Hamilton,
Branch Manager/Commercial Escrow Officer
[email protected];
(925) 363-2235
Title Company: Old Republic Title Insurance Company
1000 Burnett Avenue Suite 400
Concord, CA 94520
Attn: Sean Hamilton,
Branch Manager/Commercial Escrow Officer
[email protected];
(925) 363-2235
Effective Date: The date Escrow Holder has received fully executed counterparts of this Agreement. Escrow Holder shall notify the parties of the 981
SF #4880-4563-3302 v7 4
Effective Date by providing the Acknowledgement of Escrow Holder, attached hereto.

4. Seller Carryback Financing.
(a) In connection with this Agreement, Seller has agreed to provide seller carryback financing to Buyer, in the principal amount of Sixteen Million Seven Hundred Seventy-Nine Thousand Three Hundred Twenty Seven Dollars and forty-one cents ($16,779,327.41), under the terms and conditions set forth in the Note (as defined below) (“Carryback Loan”). The Carryback Loan shall be evidenced by a Secured Promissory Note substantially in the form attached hereto as Exhibit B (“Note”). The Note shall be secured by a first position Deed of Trust, Assignment of Rents, Security Agreement and Fixture Filing with the City as beneficiary, substantially in the form attached hereto as Exhibit C (“Deed of Trust”), to be recorded in the Official Records of Contra Costa County (the “Official Records”), encumbering the Mortgaged Property described in the Deed of Trust, to secure the repayment of the Carryback Loan and the performance of the other obligations set forth in the Note and the Deed of Trust. The terms and conditions of the Note and the Deed of Trust are incorporated herein by this reference.
(b) Within five (5) business days of the Effective Date of this Agreement, Seller may, in its sole discretion and at its sole cost and expense, cause the Title Company to deliver to Seller a preliminary title report for the Real Property, together with legible copies of the documents underlying the exceptions set forth in the preliminary title report (“Lender’s Title Report”). Seller shall have the right to approve or disapprove all such exceptions, within twenty (20) days of Seller’s receipt of the Lender’s Title Report. Lender’s Title Report must confirm that there are no monetary liens or encumbrances on the Real Property, and that the Deed of Trust shall be a first position lien on the Real Property. If Lender’s Title Report does not confirm that the Deed of Trust will be in a first lien position, Seller shall have no obligation to provide the Carryback Loan, and Buyer shall, at its election (a) proceed with a cash purchase of the Property, if it chooses to proceed with the acquisition of the Property, (b) obtain alternative financing should it choose to proceed with the acquisition of the Property, or (c) terminate this Agreement.
(c) Seller, in its sole discretion and at its sole cost and expense, may obtain, effective on the Closing Date, an ALTA Lender’s Policy of Title Insurance in the full amount of the Note, to protect Seller against the unenforceability or invalidity of the Note and/or Deed of Trust, which policy shall only include those title exceptions approved by Seller in writing (“Lender’s Title Policy”).
(d) Seller shall approve the organizational documents of Buyer, which approval will not be withheld so long as the organizational documents include the Single Purpose Entity Provisions described in Exhibit A to the Note, incorporated herein by this reference. (e) Until the Carryback Loan is repaid in full, Buyer shall be prohibited from taking on any additional debt, from cross-collateralizing the Carryback Loan with any other loans and from encumbering the Mortgaged Property in any manner other than the Deed of 982
SF #4880-4563-3302 v7 5
Trust. These prohibitions shall be included in the Deed of Trust, and any violation of these terms shall be a default under the Carryback Loan.

5. Opening of Escrow. Within three (3) business days after the Effective Date, the parties shall open an escrow (the “Escrow”) with Escrow Holder, at Escrow Holder’s office.

The Escrow shall be deemed opened when the parties have given Escrow Holder an executed copy of this Agreement in Escrow. This Agreement shall serve as escrow instructions to Escrow Holder, and the parties shall execute additional instructions if Escrow Holder so requires, provided that such instructions do not change the terms of this Agreement but merely offer protection for Escrow Holder. Any additional instructions shall provide that this Agreement shall prevail in case of any inconsistency between it and the additional instructions.

6. Conveyance of Title. Seller shall convey fee simple title to the Real Property by quitclaim deed (the “Deed”), substantially in the form of Exhibit B attached hereto. The Deed shall include a covenant and restriction expressly written on the face of the Deed to the effect that the Property shall not thereafter be conveyed to any party for residential purposes of any kind, whether single family, multi-family or otherwise. The Deed shall also state that the covenant and restriction shall run with the land to all successors and assigns. At Buyer’s sole discretion, a condition to Buyer’s completing the transaction shall be the willingness of Title Company to issue, upon payment of Title Company’s regularly scheduled premium and recordation of the Deed, an ALTA (2006 form) extended coverage owner’s policy of title insurance (the “Owner’s Title Policy”) with liability at a minimum in the amount of the Purchase Price, showing title to the Real Property vested of record in Buyer in fee simple subject only to any matters that Buyer has approved in writing and the standard printed exceptions of the Title Policy. The Title Policy shall, at Buyer’s cost, contain such special endorsements as Buyer may reasonably require, with reinsurance or coinsurance as Buyer may designate. Buyer may elect to obtain an ALTA extended coverage (2006 form) owner’s title policy.

7. Lot Line Adjustment. As a condition of Closing in favor of both Seller and Buyer, Seller shall cause, at Seller’s expense, a lot line adjustment involving the following three parcels: APNs 094-090-001; 094-080-002 and 094-080-014 (the third parcel is not part of the Real Property that is the subject of this Agreement) (the “Lot Line Adjustment”) to be recorded prior to or concurrently with the Closing. Once the Proposed Lot Line Adjustment has been prepared, Seller shall provide a copy of the proposed Lot Line Adjustment to the Title Company, and the Title Company shall promptly provide to Seller and Buyer an updated Lender’s Title Report and Buyer’s Title Report. Buyer shall have ten (10) days following the receipt of the updated Buyer’s Title Report to give Seller and Escrow Holder written notice (“Updated Buyer’s Title Notice”) of Buyer’s disapproval or conditional approval of any matters shown in the Buyer’s Title Report, and all of the provisions of Section 8(a)(ii) shall apply to the updated Buyer’s Title Report and the Updated Buyer’s Title Notice.

8. Buyer’s Conditions to Closing. Buyer's obligation to purchase the Property is subject to the satisfaction of all of the following conditions or Buyer's written waiver thereof (in Buyer’s sole discretion) on or before the Closing Date:
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SF #4880-4563-3302 v7 6
(a) Buyer will have thirty (30) days from the Effective Date (the “Due Diligence Contingency Period”) to complete physical inspections of the Property and due diligence related to the purchase of the Property.
(i) Seller shall provide to Buyer copies of all reasonably available and known documents relating to the ownership and operation of the Property, including but not limited to plans, permits and reports (environmental, structural, mechanical, engineering and land surveys) that Seller has in its possession (collectively, “Property Documents”) not later than five (5) business days following the Effective Date. Buyer shall have until the end of the Due Diligence Contingency Period to satisfy itself as to the review and approval of the Property Documents and the condition and suitability of the Property. Nothing in this Section 8(a) shall in any manner be construed as any representation, assurance or warranty of any kind by Seller. (ii) Within five (5) days of the Effective Date, Seller shall cause Title Company to deliver to Buyer a preliminary title report of the Real Property, together with legible copies of the documents underlying the exceptions set forth in the preliminary report (the “Buyer’s Title Report”). Buyer shall have until the date (“Title Approval Date”) which is ten (10) days following the receipt of the Buyer’s Title Report to give Seller and Escrow Holder written notice (“Buyer’s Title Notice”) of Buyer’s disapproval or conditional approval of any matters shown in the Buyer’s Title Report. The failure of Buyer to give Buyer’s Title Notice on or before the Title Approval Date shall be deemed to constitute Buyer’s approval of the condition of title to the Property unless Buyer shall have previously terminated this Agreement.

If Buyer disapproves or conditionally approves any matter of title shown in the Buyer’s Title Report, then on or before the expiration of four (4) days from the date of Seller’s receipt of Buyer’s Title Notice, Seller may elect to eliminate or ameliorate to Buyer’s satisfaction the disapproved or conditionally approved title matters. Seller shall give Buyer written notice (“Seller’s Title Notice”) not later four (4) days after Seller’s receipt of Buyer’s Title Notice of those disapproved or conditionally approved title matters, if any, which Seller agrees to either eliminate from the Title Policy as exceptions to title to the Property or to ameliorate to Buyer’s satisfaction by the Closing Date. If Seller does not elect to eliminate or ameliorate to Buyer’s satisfaction any disapproved or conditionally approved title matters, or if Buyer disapproves of Seller’s Title Notice, or if Seller is unable to eliminate or ameliorate to Buyer’s satisfaction all such disapproved matters prior to the Closing Date, then Buyer shall elect by written notice to Seller and Escrow Holder on or before the date which is four (4) business days after Buyer’s receipt of Seller’s Title Notice, to: (1) waive its prior disapproval, in which event said disapproved matters shall be deemed approved; or (2) terminate this Agreement and the Escrow created pursuant hereto, in which event, Escrow Holder shall disburse the Deposit together to Buyer. All matters not objected to, or deemed approved, by Buyer in Buyer’s Title Report shall be “Permitted Exceptions”.
(iii) Buyer shall have until 5:00 p.m. Pacific Time on the date that is thirty (30) days after the Effective Date (the “Contingency Date”), to review, inspect and evaluate the Property and all matters relating thereto, and to approve or disapprove of the foregoing in its sole and absolute discretion. Subject to the limitations set forth below, on and prior to the Contingency Date, Buyer shall have the right to carry out any and all inspections, investigations, tests and studies and to review and approve or disapprove, in Buyer’s sole and 984
SF #4880-4563-3302 v7 7
absolute discretion, any and all documents (including, without limitation, Seller’s Documents) and instruments and matters contained therein or disclosed thereby (including, without limitation, investigations with regard to income, expenses, operations, zoning, building codes and other governmental regulations, architectural inspections, engineering tests, economic feasibility studies, environmental tests, inspections and reports, governmental permits and approvals, environmental reports, soil, seismic and geologic reports, whether obtained by Buyer, provided to Buyer by Seller, or otherwise; provided, however, that, notwithstanding the foregoing or anything to the contrary contained in this Agreement, Buyer shall not perform any intrusive or destructive testing, including, without limitation, any so called “Phase II” environmental assessment or boring (collectively, “Environmental Testing”), without (i) submitting to Seller a written proposal for such Environmental Testing, which shall include, without limitation, the scope and nature of the inspections to be included in such testing, (ii) providing Seller at least two (2) business days’ prior written notice of the occurrence of such Environmental Testing in each instance, (iii) disposing of any Hazardous Materials generated or otherwise resulting from such Environmental Testing in compliance with all applicable laws at Buyer’s sole cost and expense, and (iv) obtaining the prior written consent of Seller for such Environmental Testing, which consent may be withheld in Seller’s sole and absolute discretion.

Buyer shall give Seller at least twenty-four (24) hours’ prior notice of Buyer’s initial entry onto the Real Property by Buyer or its agents for purposes of conducting any of the inspections, tests, investigations or other matters described herein (other than those instances that require additional advance notice as set forth in the immediately preceding sentence) and Seller and/or its agents shall have the right to be present during any such inspections, tests, investigations or other matters described herein (including specifically, but without limitation, any Environmental Testing). Buyer agrees and covenants with Seller not to disclose to any third party (other than Buyer’s members, managers, directors, partners, officers, lenders, accountants, financing sources, attorneys and other professionals and consultants in connection with the transaction contemplated herein), the terms of this Agreement or the underlying transaction, any of the reports or any other documentation or information provided to or obtained by Buyer which relate to the Real Property or Seller in any way without Seller’s prior written consent (which shall not be unreasonably withheld, conditioned or delayed), unless Buyer is obligated by law or legal process to make such disclosure, and all such reports, documentation and information shall be used by Buyer and its agents solely in connection with the transaction contemplated hereby. In the event that this Agreement is terminated, Buyer agrees (A) that all such information contemplated in this Section 8(a)(iii) will be held in strict confidence subject to the requirements of law or other legal process, and (B) to promptly return to Seller all such documentation and other information obtained from or otherwise provided by or on behalf of Seller within five (5) days following such termination; provided, however, Buyer is not required to return or destroy any such information that resides on electronic back-up media that captured such information in the normal course of Buyer’s business and that will be destroyed or overwritten in compliance with a systematic records retention policy or any such information that must be retained under applicable law.
(iv) Buyer shall have until 5:00 p.m. Pacific Time on the applicable date specified above to deliver to Seller a written notice of Buyer’s approval (“Buyer’s Approval Notice”) with respect to any matter requiring Buyer’s approval or disapproval as set forth in this Section 8(a). Any approval or disapproval given by Buyer under this Section 8(a) 985
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shall be in writing, and the failure of Buyer to approve or disapprove any matter requiring Buyer’s approval or disapproval under this Section 8(a) on or before the date specified above shall be deemed Buyer’s disapproval thereof. In the event of Buyer’s disapproval under this Section 8(a), unless otherwise agreed to in writing by the Parties, this Agreement shall be deemed terminated, and other than those matters which expressly survive the termination hereof, neither Party shall have any further rights or obligations hereunder. Buyer acknowledges that Seller has no obligation to cure or to undertake to cure any matters disapproved by Buyer and that neither Seller’s election not to cure or undertake to cure nor Seller’s failure or inability to cure any disapproved matter shall constitute a breach or default hereunder by Seller. (v) Buyer agrees to maintain and cause any of its representatives or agents entering upon the Real Property or otherwise conducting any due diligence to maintain and have in effect commercial general liability insurance with limits of not less than Two Million and No/100 Dollars ($2,000,000.00) for personal injury, including bodily injury and death, and property damage, and a waiver of subrogation. Such insurance shall name Seller as an additional insured. Upon Seller’s request, Buyer shall deliver to Seller a copy of the certificates of insurance effectuating the insurance required hereunder prior to the commencement of such activities. Buyer shall repair promptly any physical damage to the Real Property caused by its entry onto, and/or investigations concerning, the Real Property and shall immediately return the Real Property to substantially the same condition existing prior to its entry on, and/or investigations concerning, the Real Property. Buyer agrees to indemnify, defend and hold the Seller Parties harmless from and against any and all actions, claims, damages, liabilities, losses, costs and/or expenses (including, without limitation, reasonable attorneys’ fees and expenses), if any, incurred by the Seller Parties to the extent caused by any such entry onto and/or investigations concerning the Real Property or any portion thereof by Buyer or its consultants, including without limitation, for: (a) injury to persons or damage to property, (b) any liens or claims of liens against the Real Property or any portions thereof, and/or (c) in connection with Buyer’s Environmental Testing. The foregoing indemnity and defense obligation: (i) shall not apply to any loss, liability, cost or expense to the extent arising from the acts or omissions of Seller or the Seller Parties, and (ii) shall survive the Closing and any termination of this Agreement.
(vi) If Buyer does not acquire the Property for any reason whatsoever, Buyer shall deliver to Seller copies of (i) all reports, documents and other materials, and (ii) all soils, engineering and other reports, plans, studies, documents and information pertaining to the Property that Buyer has prepared or caused to be prepared (“Work Product”) (provided that “Work Product” shall be deemed to exclude internal documents of Buyer, any confidential or privileged information, or financial analyses). Buyer makes no representation or warranty, express or implied, as to the accuracy or completeness of the Work Product, and Seller hereby releases Buyer from all Claims arising from Seller’s use of the Work Product. (b) Seller has performed all obligations to be performed by Seller pursuant to this Agreement.
(c) Seller's representations and warranties herein are true and correct in all material respects on the date hereof and as of the Closing Date. 986
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(d) The Title Company is irrevocably committed to issue a CLTA Title Policy to Buyer, effective as of the Closing Date, insuring title to Buyer in the full amount of the Purchase Price subject only to the Permitted Exceptions. (e) The Lot Line Adjustment shall have been recorded prior to or concurrently with the Closing.

9. Seller’s Conditions to Closing. The Close of Escrow and Seller's obligation to sell and convey the Property to Buyer are subject to the satisfaction of the following conditions or Seller's written waiver (in Seller’s sole discretion) of such conditions on or before the Closing Date:
(a) Buyer has performed all obligations to be performed by Buyer pursuant to this Agreement before Closing Date.
(b) Buyer's representations and warranties set forth herein are true and correct in all material respects as of the Closing Date.
(c) The Title Company is irrevocably committed to issue Lender’s Title Policy to Seller, effective as of the Closing Date, if Seller elects to obtain such policy. (d) The Lot Line Adjustment shall have been recorded prior to or concurrently with the Closing.

10. Deposits into Escrow. No later than one (1) business day before the Closing Date, the parties shall deposit the documents described below into Escrow. All funds to be deposited into Escrow shall be by wire transfer and shall be delivered no later than the morning of the Closing Date. All documents shall be duly executed by authorized signatories and, when customary or necessary for recordation, properly acknowledged. (a) Seller. Seller shall deposit with Escrow Holder the following (“Seller’s Closing Materials”), all in form acceptable to Buyer and fully executed and acknowledged where required:
(i) The original Deed;
(ii) A non-foreign certification executed by Seller under penalty of perjury, certifying that Seller is not a “foreign person” under section 1445 of the Internal Revenue Code of 1986, as amended, and any regulation thereunder; (iii) A California Form 593 Real Estate Withholding Statement; (iv) A resolution or other appropriate documentation authorizing the sale of the Property;
(v) Any other escrow documents which require Seller’s signature; and 987
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(vi) The original Deed of Trust.
(b) Buyer. Buyer shall deposit with Escrow Holder the following (“Buyer’s Closing Materials”), all in form acceptable to Seller and fully executed and acknowledged where required:
(i) The original Note;
(ii) The original Deed of Trust;
(iii) A resolution or other appropriate documentation authorizing the purchase of the Property and the execution of the Note and the Deed of Trust; (iv) Any funds in the amount necessary to pay Buyer’s share of closing costs and prorations; and
(v) Any other escrow documents which require Buyer’s signature.

11. Close of Escrow.
(a) Time. Escrow shall close (the “Close of Escrow”) on or before the Closing Date. When Title Company is in a position to issue the Owner’s Title Policy and the Lender’s Title Policy and all documents and funds have been deposited with Escrow Holder, Escrow Holder shall immediately close Escrow as provided for below. If Escrow Holder is not in a position to close Escrow on the Closing Date, it shall close as soon thereafter as possible unless, prior to the Closing Date, it receives notice from either party directing it not to close.

Close of Escrow shall occur when Escrow Holder performs all the acts listed in the following subsection. Buyer shall have the option to extend the Close of Escrow for up to one (1) additional period of thirty (30) days, via delivery to Escrow Holder and Buyer of written notice of such extension, which notice must be delivered at least two (2) business days prior to the scheduled date for Close of Escrow.
(b) Procedure. Escrow Holder shall close Escrow as follows:
(i) Record the Deed with instructions for the county recorder to send the Deed to Buyer;
(ii) Record the Deed of Trust with instruction for the county recorder to send the Deed of Trust to Seller;
(iii) Deliver the remainder of Seller’s Closing Materials to Buyer; (iv) Deliver the original Note and the remainder of Buyer’s Closing Materials to Seller;
(v) Instruct the Title Company to deliver the Owner’s Title Policy to Buyer and the Lender’s Title Policy to Seller; and
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(vi) Forward to Seller and Buyer an accounting of all funds received and disbursed for each party and copies of all executed and recorded or filed documents, with the recording or filing date shown thereon.
(c) Closing Costs and Prorations. Buyer and Seller shall each pay their own attorneys' fees. Buyer shall pay documentary transfer taxes on the Deed, and all of the escrow fees. Buyer shall pay for recording the Deed and the Deed of Trust, the owner’s title insurance premium, the cost of any special title endorsements which Buyer elects to obtain, and 100% of all escrow fees. Seller shall pay for the lender’s title insurance premium and the cost of any special title endorsements which Seller elects to obtain. Real property taxes and assessments shall be prorated as of the Close of Escrow. Buyer shall obtain its own insurance for the Property, and Seller’s insurance premiums, if any, shall not be prorated. At least three (3) days prior to the Closing Date, Escrow Holder shall submit to Seller and Buyer an estimated closing statement. In the event that Escrow is canceled without default by either party, the costs of cancellation shall be borne equally by Seller and Buyer. In the event of default, the defaulting party shall pay all escrow cancellation fees.

12. Seller’s Representations and Warranties. Seller hereby represents, warrants and covenants to Buyer that the statements below in this Section 12 are each true and correct as of the Effective Date and as of the Closing Date.
(a) Seller is a public agency, lawfully formed, in existence and in good standing under the laws of the State of California. Seller has the full right, capacity, power and authority to enter into and carry out the terms of this Agreement. This Agreement has been duly executed by Seller, and upon delivery to and execution by Buyer is a valid and binding agreement of Seller.
(b) Seller has not alienated, encumbered, transferred, mortgaged, assigned, pledged, or otherwise conveyed its interest in the Property or any portion thereof, nor entered into any agreement to do so, and to Seller’s actual knowledge (y) there are no agreements affecting the right to possession of the Property other than any other instrument or document that is part of the Property Documents and/or the Permitted Exceptions and (z) there are no maintenance, service or other agreements affecting or relating to the Property that cannot be terminated or cancelled without penalty or fee by giving not more than thirty (30) days’ notice. (c) Seller is not bankrupt or insolvent under any applicable Federal or state standard, has filed for protection or relief under any applicable bankruptcy or creditor protection statute, or has been threatened by creditors with an involuntary application of any applicable bankruptcy or creditor protection statute. Seller is not entering into the transactions described in this Agreement intending to defraud any creditor or to prefer the rights of one creditor to any other. Seller and Buyer have negotiated this Agreement at arm’s length and the consideration paid represents fair value for the assets being transferred. (d) Seller is not a “foreign person” within the meaning of 26 U.S.C.A. §1445(f)(3) and Seller is not, nor is any person who owns a controlling interest in or otherwise controls Seller, (a) listed on the Specially Designated Nationals and Blocked Persons List maintained by the Office of Foreign Assets Control (“OFAC”), Department of the Treasury, 989
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and/or on any other similar list maintained by the OFAC pursuant to any authorizing statute, Executive Order or regulation (collectively, “OFAC Laws and Regulations”); or (b) a person either (i) included within the term “designated national” as defined in the Cuban Assets Control Regulations, 31 C.F.R. Part 515, or (ii) designated under Sections 1(a), 1(b), 1(c) or 1(d) of Executive Order No. 13224, 66 Fed. Reg. 49079 (published September 25, 2001) or similarly designated under any related enabling legislation or any other similar Executive Orders (collectively, the “Executive Orders”). Neither Seller nor any of its principals or affiliates is (x) a person or entity with which Buyer is prohibited from dealing or otherwise engaging in any transaction by any Anti-Terrorism Law, or that commits, threatens or conspires to commit or supports “terrorism” as defined in the Executive Orders, or (y) is affiliated or associated with a person or entity listed in the preceding clause (x). To the actual knowledge of Seller, neither Seller nor any of its principals or affiliates, nor any brokers or other agents acting in any capacity in connection with the transactions contemplated herein (I) deals in, or otherwise engages in any transaction relating to, any property or interests in property blocked pursuant to the Executive Orders or (II) engages in or conspires to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in any Anti-Terrorism Law. As used herein, “Anti-Terrorism Law” means the OFAC Laws and Regulations, the Executive Orders and the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Pub. L. No. 107- 56, 115 Stat. 272 (2001), as amended.
(e) Except as may be disclosed in the Property Documents, neither Seller nor, to Seller’s actual knowledge, any third party, has used, generated, transported, discharged, released, manufactured, stored, or disposed any Hazardous Material from, into, at, on, under, or about the Property. Additionally, Seller has not received any written notice that the Property has been or is in violation of any Environmental Law.

The term “Hazardous Material” as used herein shall mean any hazardous or toxic substances, materials, chemicals, or wastes in any form and in any concentration that is or becomes, prior to the close of escrow, regulated by the United States or any state or local government authority having jurisdiction over the Property (including any present order or agreement imposing liability or standards concerning any such substances, materials, chemicals, or wastes and any future such order or agreement that becomes effective prior to the close of escrow), and includes without limitation: any “hazardous substance,” as that term is defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) (42 United States Code sections 9601-9675); any “hazardous waste,” as that term is defined in the Resource Conservation and Recovery Act of 1976 (RCRA) (42 United States Code sections 6901-6992k); petroleum products; volatile organic compounds; radioactive materials; asbestos and lead paint, in any form or condition; and substances or compounds containing PCBs. The term “Environmental Law” as used herein shall mean any federal, state, or local law, ordinance or regulation, or any order, demand or guidance document of any governmental agency, relating to Hazardous Materials.
(f) Litigation. Seller is not a party to any pending litigation or governmental proceeding (condemnation, environmental, zoning or otherwise) and has no actual knowledge of any threatened litigation or governmental proceeding (condemnation, environmental, zoning or otherwise) which does or could materially affect the Property. 990
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(g) No Leases or Occupants. There are no leases for all or any portion of the Property and at Closing, Seller shall deliver the property to Buyer free of all occupants. At Closing, Buyer shall deliver to Seller a written acknowledgement that Buyer has thoroughly inspected the Property and has determined for itself that, as of the Closing, the Property is free of all occupants; if Buyer delivers such acknowledgement and proceeds to Closing, Buyer shall thereafter have no right to make any claim against Seller based on occupants being present on the Property at or after Closing.
(h) Authority; Enforceability. Seller is the owner of and has the full right, power and authority to sell, convey and transfer the Property to Buyer as provided herein and to carry out Seller’s obligations hereunder. This Agreement and all documents executed by Seller pursuant to this Agreement have been or will be duly authorized, executed and delivered by Seller, and are or will be the legal, valid and binding obligations of Seller, enforceable against Seller in accordance with their terms.
(i) Legal Subdivision. The Property consists of lawful parcels under the Subdivision Map Act of the State of California and all applicable local ordinances. (j) Reconveyance. Buyer may reconvey the Property to Seller in accordance with the terms of the Note.
(k) As used herein, Seller’s “actual knowledge” shall encompass only the actual knowledge of Jordan Davis, without such persons having any duty of inquiry or investigation as to such matters, without any knowledge being imputed to such persons and without such persons having any personal liability whatsoever under this Agreement. Anything to the contrary notwithstanding, the foregoing representations and warranties in this Section 12 are the only representations and/or warranties of any kind made under this Agreement or otherwise in connection with the sale of the Property and such representations and warranties contained in this Section 12 shall be deemed to survive the Closing of Escrow and the delivery of the Deed for a period not to exceed 365 days after the Closing Date (“Limitation Period”) and no action, proceeding, suit or claim of any kind may be commenced or asserted by virtue of any of the representations or warranties contained in this Section 12 after the Limitation Period has expired. No claim for breach of a representation or warranty by Seller shall be actionable or payable by Seller if the breach in question results from or is based on a condition, state of facts or other matter which is actually known to Buyer prior to the Close of Escrow. If Buyer has knowledge of the incorrectness of any representation or warranty by Seller and fails to so notify Seller prior to the Close of Escrow, then such representation or warranty shall be seemed to be stricken from this Agreement and shall be of no further force of effect. (l) Each of the representations and warranties made by Seller in this Agreement, shall be true and correct in all material respects on the date hereof, and shall be deemed to be made again as of the Close of Escrow, and shall then be true and correct in all material respects. The truth and accuracy of each of the representations and warranties, and the performance of all covenants of Seller contained in this Agreement are conditions precedent to Buyer’s obligation to proceed with the Closing hereunder. Seller shall notify Buyer immediately of any facts or circumstances that are contrary to the foregoing representations and warranties contained in this Section 12.
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13. Buyer’s Representations and Warranties. Buyer hereby represents, warrants and covenants to Seller that the statements below in this Section 13 are each true as of the Effective Date and as of the Closing Date.
(a) Buyer is a Delaware limited liability company and Buyer has the full right, capacity, power and authority to enter into and carry out the terms of this Agreement. This Agreement has been duly executed by Buyer, and upon delivery to and execution by Seller shall be a valid and binding agreement of Buyer.
(b) Buyer and any entity or person that owns or controls Buyer are not bankrupt or insolvent under any applicable federal or state standard, have not filed for protection or relief under any applicable bankruptcy or creditor protection statute and have not been threatened by creditors with an involuntary application of any applicable bankruptcy or creditor protection statute. Buyer is not entering into the transactions described in this Agreement intending to defraud any creditor or to prefer the rights of one creditor to any other. Buyer and Seller have negotiated this Agreement at arm’s-length and the consideration paid represents fair value for the assets to be transferred.
(c) As of the Effective Date and as of the Closing Date, Buyer is in full compliance with the Single Purpose Entity Provisions set forth in Exhibit A of the Note. (d) Buyer has had the opportunity to, and Seller has encouraged Buyer to, inspect, review and become familiar with all matters that Buyer believes pertinent to its ownership, operation and maintenance of the Property. Buyer has or will make such independent investigations, inspections, analyses and research as Buyer has deemed necessary or appropriate (or, in the alternative, Buyer has elected at its risk not to make such investigations, inspections, analyses and research), concerning the condition, ownership, use and operation of the Property, including, but not limited to, investigations, inspections, analyses and research of: (A) present and future Laws, including, without limitation, zoning, subdivision, environmental and other such Laws; (B) the obligations of the owner of the Property under all documents disclosed in the Buyer’s Title Report; (C) the necessity and availability of any entitlements or development approvals and permits; (D) the necessity or existence of any and all development costs, dedications, fees, charges or assessments that may be imposed or required to be paid in connection with any Laws or the obtaining of any development approvals, permits or entitlements or otherwise in connection with the development of the Property, all of which shall be the responsibility of Buyer; (E) the economic value of the Property; (F) the seismic and structural integrity of any improvements constructed or installed on the Property; (G) the size, dimensions, location and topography of the Property; (H) any surface, soil, subsoil, geologic or ground water conditions or other physical conditions of or affecting the Property, such as aircraft overflight, traffic, climate, drainage and air; (I) the extent or condition of title to the Property and the extent of existing liens and encumbrances against the Property; (J) the possibility of future fees and assessments or increases in existing fees and assessments by one or more governmental authorities; (K) the presence, use, transportation or storage of Hazardous Material on, over, under or nearby the Property; (L) the presence on the Property of threatened and endangered species under the Endangered Species Act; (M) the availability, character, quality, composition and/or adequacy of access to the Property; (N) the location on or near the Property of any earthquake faults; and (O) the availability or quality of reclaimed water provided by any utility 992
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company or governmental authority. The term “Laws” means shall mean all federal, state and local laws, statutes, codes, ordinances, rules, regulations, restrictions and limitations as they may be amended from time to time. The term “Laws” shall include Environmental Laws. (e) Subject to the representations and warranties of Seller set forth in Section 12, Buyer is relying solely upon its own inspections, investigations, research and analyses of the foregoing matters in entering into this Agreement and is not relying in any way upon any representations, warranties, statements, plans, specifications, cost estimates, studies, reports, descriptions, guidelines or other information or material furnished by Seller or its representatives to Buyer or its representatives, whether oral or written, including, without limitation, the materials specified in the Property Documents or the Buyer’s Title Report, express or implied, of any nature whatsoever regarding any such matters. Seller makes no express or implied representation or warranty of any kind or nature as to the accuracy or completeness of the Property Documents or the Buyer’s Title Report, and Seller shall have no liability or responsibility to Buyer of any kind or nature resulting from the furnishing or use of the Property Documents or Buyer’s Title Report by Buyer, all of which Buyer shall verify to its own satisfaction and all of which Buyer shall use and rely on solely at its own risk. (f) Except for the representations and warranties of Seller expressly set forth in Section 12 and the covenants and agreements of Seller expressly set forth in this Agreement:
(a) Buyer accepts the Property “AS-IS, WHERE-IS, WITH ALL FAULTS” in its existing state and condition at the Closing; (b) Buyer accepts the Property subject to any and all Laws which are now or may hereafter be imposed on or against the Property by any governmental authority; (c) Seller is not obligated to do any processing, grading, restoration, repairs or other work of any kind or nature whatsoever on or with respect to the Property and, without limiting the generality of the foregoing, Seller is not responsible for any work on or improvement of the Property necessary to cause the Property to meet any applicable Laws, to be suitable for any particular use, or to repair, retrofit or support any portion of the improvements constructed on the Property due to the seismic or structural integrity (or any deficiencies therein) of such improvements; (d) Buyer accepts the Property in the condition, and state of repair or lack of repair of the improvements or any other portion of the Property; (e) Buyer accepts all of the restrictions, obligations, rights of way or conditions affecting the ownership, use, operation, development or operation of the Property; (f) Buyer accepts the Property in its existing condition with respect to (i) the existence of Hazardous Material from, to or on the Property, whether or not the existence of such matters is disclosed in Buyer’s inspections, research, investigations and analyses, if any, and (ii) the compliance of the Property with all Laws; (g) Buyer acknowledges that Seller has not warranted and does not hereby warrant that any improvements located on the Property will meet or comply with the requirements of any health, fire, building, zoning, or safety code, ordinance or regulation of the state of California, or City of Pittsburg, or any other authority or jurisdiction and that Seller has not warranted and does not hereby warrant that the Property will meet or satisfy any particular use, purpose, development or operation; and (h) no patent or latent condition affecting the Property in any way, whether or not known or discoverable or hereafter discovered, shall affect Buyer’s obligation to purchase the Property or to perform any other act otherwise to be performed by Buyer under this Agreement, nor shall any such condition give rise to any action, proceeding, right of damage or rescission or other claim against Seller. Without limiting the generality of the foregoing, Buyer acknowledges and agrees 993
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that Seller specifically disclaims any responsibility for and opinions, conclusions or work product contained within the Property Documents.
(g) Except for the Excluded Claims (defined below) and to the fullest extent permitted by Law, from and after the Close of Escrow, Buyer (and its successors and assigns) shall indemnify, defend (with counsel reasonably acceptable to Seller), protect and hold harmless Seller, and the other Indemnitees from and against any and all claims, suits, liabilities, losses, costs, expenses (including, without limitation, reasonable attorneys’ fees and costs) and damages of any kind or character to any person or property arising from or relating to the Property after the Close of Escrow and Buyer’s ownership and further development thereof (collectively, the “Post-Closing Claims”).
(h) The term “Indemnitees” shall mean, collectively, Seller and its direct and indirect constituent partners, members, shareholders, owners and related and affiliated entities, and each of their respective officers, directors, agents, employees, attorneys, partners, direct and indirect lenders, parents, subsidiaries or affiliate companies, servants, and representatives. (i) The term “Excluded Claims” shall mean claims by Buyer with respect to, (i) the express representations, covenants or warranties of Seller in this Agreement or in any document or instrument executed and delivered by Seller at Close of Escrow, (ii) a breach of Seller’s obligations under this Agreement or any other agreement by and between Seller and Buyer, including the Deed of Trust, and (iii) any and all claims (including premises liability or bodily injury claims) accruing prior to the Closing, including those arising from the active negligence, bad faith, fraud or willful misconduct of any of the Indemnitees. (j) To the fullest extent permitted by Law, as a material part of the consideration of this Agreement, effective upon Close of Escrow, Buyer, on its behalf and on behalf of its predecessors, successors and assigns hereby releases and discharges the Indemnitees, and each and all of them, from and against, and waives, any and all Post-Closing Claims against the Indemnitees, except for the Excluded Claims. Further, and without limiting any of the foregoing, Buyer hereby releases Seller from all risks and liability (and agrees that Seller shall not be liable for any special, direct, indirect, consequential, or other damages) resulting or arising from or relating to the ownership, use, condition, location, maintenance, repair or operation of the Property except with respect to the Excluded Claims, subject to the Limitation Period, provided, however, that Seller shall under no circumstances be liable for any special, indirect or consequential damages in the event of any breach by Seller of any of the representations or warranties set forth in Section 12.

BUYER ACKNOWLEDGES THAT IT HAS BEEN ADVISED BY ITS LEGAL COUNSEL

AND IS FAMILIAR WITH THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, AND IN CONNECTION WITH FOREGOING WAIVER AND RELEASE, BUYER EXPRESSLY WAIVES THE BENEFITS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH PROVIDES AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE

CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST

IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND 994
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THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” _______ Initials of Buyer
(k) Buyer represents and warrants that the execution and delivery of this Agreement and the consummation of the transactions contemplated hereby will not result in any breach of the terms of, conditions of, or constitute a default under, any instrument or obligation by which Buyer is bound, or violate any order, writ, injunction or decree of any court in any litigation to which Buyer is a party.
(l) Buyer represents and warrants that each person executing this Agreement is legally competent and is duly authorized so as to fully and legally bind Buyer. (m) Each of the representations and warranties made by Buyer in this Agreement, shall be true and correct in all material respects on the date hereof, and shall be deemed to be made again as of the Close of Escrow, and shall then be true and correct in all material respects. The truth and accuracy of each of the representations and warranties, and the performance of all covenants of Buyer contained in this Agreement, are conditions precedent to the Close of Escrow. Buyer shall notify Seller immediately of any facts or circumstances that are contrary to the foregoing representations and warranties contained in this Section 13.

14. Covenants of Cooperation. Buyer and Seller covenant and agree to execute all such instruments and documents and to take all actions that reasonably may be required to complete this purchase and sale transaction, including the deposit of funds in addition to such funds as specifically may be provided for herein and as may be required in order to consummate this purchase and sale transaction, and shall use their reasonable efforts to close the Escrow in accordance with the provisions of this Agreement. In the event this Agreement is terminated for any reason, any applications filed by or on behalf of Buyer with respect to the Property shall be terminated and/or abandoned by Buyer.

15. Actions After the Effective Date. The parties covenant to do the following through the Close of Escrow:
(a) Title. Seller shall not make or permit any changes in title that would change the title for the Property, except with Buyer’s advance written consent, which Buyer may withhold in its sole and absolute discretion.
(b) Government Action. Seller shall give Buyer immediate notice of any proposed governmental action known to Seller and materially affecting the Property. In the event that prior to the Close of Escrow any governmental entity shall commence any action of eminent domain to take any portion of the Property, Buyer shall have the option either to (i) elect not to acquire the Property, in which event this Agreement shall be terminated, or (ii) complete the acquisition of the Property, in which event Buyer shall be entitled to the proceeds of such taking.
(c) Representations and Warranties. Each party shall use its best efforts to prevent any act or omission that would render any of its representations and warranties herein 995
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untrue or misleading, and shall immediately notify the other party if any such act or omission occurs.

16. Buyer’s Remedies; Specific Performance. If Closing fails to occur because of Seller’s material default or material breach of its representations, warranties or covenants in this Agreement, Buyer may elect either to (i) terminate this Agreement, or (ii) maintain an action for specific performance in accordance with this Section; provided, however, if the remedy of specific performance is not available to Buyer because Seller has sold the Property, Buyer shall be entitled to seek damages for such breach. In the event of Seller’s failure or refusal to close Escrow hereunder after all conditions to Seller’s obligations to close pursuant to Section 14 have been satisfied, and so long as Buyer is not then in default of any of its material obligations under this Agreement, Buyer may maintain its right to seek specific performance of Seller’s obligations under this Agreement to convey the Property and may record and maintain against the Property a notice of pending action in accordance with applicable law.

17. General Conditions.
(a) Survival. All covenants, representations and warranties made by the parties herein or made in writing pursuant hereto are intended to and shall remain true and correct as of the Close of Escrow, shall be deemed to be material, and shall survive for one (1) year following the Close of Escrow. Any statement contained in any certificate or other instrument delivered by either party pursuant hereto shall constitute a representation and warranty hereunder.
(b) Successors and Assigns. The terms, covenants and conditions herein contained shall be binding upon and enforceable by, and shall inure to the benefit of, the parties hereto and their successors and assigns. Buyer may assign its rights and obligations hereunder to an “Affiliate” of Buyer provided that such assignee provides Escrow Holder with assignee’s assumption and acceptance of all of the rights and obligations of Buyer hereunder, and provided further that Buyer shall not be relieved of any liability under this Agreement by reason of such assignment. For purposes of this section, an “Affiliate” of, or person affiliated with, a specified person, is a person that directly, or indirectly through one or more intermediaries, controls or is controlled by, or is under common control with, the person specified. The term control (including the terms controlling, controlled by and under common control with) means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract, or otherwise.
(c) Entire Agreement. This Agreement contains all of the covenants, conditions and agreements between the parties and shall supersede all prior correspondence, agreements and understandings, both verbal and written. (d) Attorneys’ Fees. In the event of any litigation regarding the rights and obligations of the parties under this Agreement, the party who is determined to be the prevailing party shall be entitled to recover its reasonable attorneys’ fees and court costs. 996
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(e) Notices. All notices hereunder shall be in writing and delivered by hand, by overnight delivery service, by electronic mail, or by deposit in the U.S. Postal Service, registered or certified mail, return receipt requested, postage prepaid and addressed to Seller at Seller’s address and to Buyer at Buyer’s address. If notice is sent by electronic email, a copy shall also be sent by overnight delivery service or U.S. Postal Service. A copy of any notice shall also be sent to Escrow Holder. Either party may change its address by written notice. Any notice shall be effective upon delivery if delivered by hand, by facsimile, by electronic mail, or by overnight delivery service; notice by the U.S. Postal Service shall be effective three (3) days after deposit in any authorized receptacle of the U.S. Postal Service. Any notice not in writing or not delivered in compliance herewith shall not be effective. (f) Time. Time is of the essence of every provision hereof. (g) Applicable Law. This Agreement shall be governed by the laws of the State of California.
(h) No Oral Modification or Waiver. This Agreement may be changed or amended only by an agreement in writing. No waiver shall be effective hereunder unless given in writing, and waiver shall not be inferred from any conduct of either party. (i) No Third Party Beneficiaries. This Agreement is not for the benefit of any third parties, and no one other than Seller and Buyer shall be entitled to rely on the contents of this Agreement.
(j) Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument.
(k) Indemnification. Buyer shall indemnify, defend and hold Seller and Seller’s Affiliates, members, managers, partners, directors, officers, agents and consultants harmless from and against any losses suffered by the any such person due to a breach by Buyer of any of its covenants hereunder, or from the untruth of any representation or warranty made by Buyer hereunder. Seller shall indemnify, defend and hold Buyer and Buyer’s Affiliates, members, managers, partners, directors, officers, agents and consultants harmless from and against any losses suffered by the any such person due to the untruth of any representation or warranty made by Seller in Sections 12(a), (b), (d), (g) or (h) hereunder. [remainder of page intentionally blank]
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date.

THE CITY OF PITTSBURG
a municipal corporation
(“Seller”)
By:

Name:

Title:

Approved as to form: Attest:
______________________ _________________
Donna Mooney _________________
City Attorney City Clerk

PITTSBURG LAND HOLDINGS, LLC,
a Delaware limited liability company
(“Buyer”)
By:

Name: Mark McComiskey
Its: President
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ACKNOWLEDGMENT BY ESCROW HOLDER
The undersigned Escrow Holder hereby certifies that Escrow opened as of _______________ __, 20__ as Escrow No. __________________ and the Effective Date is ______________. The undersigned Escrow Holder agrees to act as escrow holder pursuant to the terms of the foregoing Agreement.

OLD REPUBLIC TITLE INSURANCE COMPANY
By: _________________________
Name: _________________________
Title: _________________________
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EXHIBIT “A”

LEGAL DESCRIPTION
[INSERT LEGAL DESCRIPTION OF ENTIRE 101.7 ACRES]
1000
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EXHIBIT “B”

SECURED PROMISSORY NOTE
[INSERT SECURED PROMISSORY NOTE]
1001
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EXHIBIT “C”

DEED OF TRUST
[INSERT DEED OF TRUST]
1002
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EXHIBIT “D”

FORM OF QUITCLAIM DEED

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

Justus J. Britt
Foley & Lardner LLP
555 S. Flower Street, Suite 3300
Los Angeles, CA 90071
SPACE ABOVE THIS LINE FOR RECORDER’S USE
APNs: 095-150-032; 094-080-011
095-160-001; 095-160-002;
094-090-001; 094-080-002
(The undersigned grantor declares that documentary transfer tax is $__________ computed on the consideration or value of property conveyed.)

QUITCLAIM DEED CONTAINING COVENANTS
For valuable consideration, the receipt and sufficiency of which is hereby acknowledged, THE CITY OF PITTSBURG, a municipal corporation (“Grantor”), hereby remises, releases and forever quitclaims to PITTSBURG LAND HOLDINGS, LLC, a Delaware limited liability company (“Grantee”) all right, title and interest Grantor may have in and to the real property situated in the County of Contra Costa, State of California, as more particularly described in Exhibit A attached hereto, incorporated herein, and by this reference made a part hereof (“Property”).

1. Grantee hereby agrees and covenants that the Property shall not thereafter be sold, transferred, or conveyed to, or used by, any party for residential purposes of any kind, whether single family, multi-family, mixed-use residential, or otherwise. The foregoing covenant and restriction shall run with the land to all successors and assigns.

2. No violation or breach of the covenants, conditions, restrictions, provisions or limitations contained in this Quitclaim Deed shall defeat or render invalid or in any way impair the lien or charge of any mortgage, deed of trust or other financing or security instrument, provided, however, that any successor of Grantee to the Property shall be bound by such remaining covenants, conditions, restrictions, limitations and provisions, whether such 1003
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successor's title was acquired by foreclosure, deed in lieu of foreclosure, trustee's sale or otherwise.

3. Grantee's covenants contained in this Quitclaim Deed shall remain in effect for fifty (50) years from the date this Quitclaim Deed is recorded in the Official Records of Contra Costa County, California.

4. Grantor is deemed the beneficiary of the terms and provisions of this Quitclaim Deed and of the covenants running with the land, and the covenants running with the land have been provided, without regard to whether Grantor has been, remains or is an owner of any interest in the Property. Grantor shall have the right, if the covenants in this Quitclaim Deed are breached, to exercise all rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breaches. [remainder of page intentionally left blank]
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IN WITNESS WHEREOF, Grantor, acting by and through its duly authorized representative, has executed and delivered this Quitclaim Deed as of the date hereinafter provided.
“GRANTOR”
Date: _____________ ___, 2022 THE CITY OF PITTSBURG,
a municipal corporation
By:

Name:

Title:

Approved as to form: Attest:
______________________ _________________
Donna Mooney _________________
City Attorney City Clerk
“GRANTEE”
Date: _____________ ___, 2022 PITTSBURG LAND HOLDINGS, LLC, a Delaware limited liability company
By:

Name: Mark McComiskey
Its: President
1005
SF #4880-4563-3302 v7 Notary Block
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) ss

COUNTY OF CONTRA COSTA )
On ____________________, 2022, before me, ___________________________, Notary Public, personally appeared ____________________________, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.

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

WITNESS my hand and official seal.
__________________________________ (Seal)
Signature
1006
SF #4880-4563-3302 v7 Notary Block
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) ss

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

WITNESS my hand and official seal.
__________________________________ (Seal)
Signature
1007
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EXHIBIT “A” TO QUITCLAIM DEED

LEGAL DESCRIPTION OF THE PROPERTY
[INSERT LEGAL DESCRIPTION OF ENTIRE 101.7 ACRES]
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SECURED PROMISSORY NOTE
$16,779,327.41 Pittsburg, California
_______________, 2022
FOR VALUE RECEIVED, PITTSBURG LAND HOLDINGS LLC, a Delaware limited liability company (“Borrower”) promises to pay to the City of Pittsburg, a municipal corporation (“City”), in lawful money of the United States of America, the principal sum of Sixteen Million, Seven Hundred Seventy-Nine Thousand, Three Hundred Twenty-Seven and 41/100ths Dollars ($16,779,327.41), together with interest on the outstanding principal balance in accordance with the terms and conditions described herein. Interest shall accrue on the outstanding principal balance of this Note at the rate of two percent (2%) compounded annually on the unpaid principal balance (“Interest Rate”) until this Note is paid in full or this Note is terminated, and shall be calculated on the basis of a year of 365 days, and charged for the actual number of days elapsed.

This Secured Promissory Note (this “Note”) has been executed and delivered to City in connection with the Borrower’s acquisition of the Option Properties, pursuant to and in accordance with that certain Option Agreement between the City of Pittsburg and Energy Delivery Solutions LLC, dated June 5, 2018, as amended by that First Amendment to Option Agreement between the City of Pittsburgh and Energy Delivery Solutions LLC dated October 8, 2019, as assigned and novated in favor of Borrower’s sole member, Pittsburg Data Hub, LLC, pursuant to that certain Novation and Amendment Agreement, dated as of April 11, 2022, by and among Energy Delivery Solutions LLC, Pittsburg Data Hub, LLC and City (collectively, the “Option Agreement”). To implement the Option Agreement and to facilitate Borrower’s acquisition of the Option Properties, City has agreed to provide seller carryback financing in the principal amount of Sixteen Million, Seven Hundred Seventy-Nine Thousand, Three Hundred Twenty-Seven and 41/100ths Dollars ($16,779,327.41) (the “Loan”).

This Note is secured by a Deed of Trust, Assignment of Rents, Security Agreement and Fixture Filing (“Deed of Trust”) dated as of the date hereof, executed by Borrower for the benefit of City and encumbering the property described therein (the “Mortgaged Property”).

Capitalized terms used but not defined herein shall have the meaning ascribed to such terms in the Deed of Trust.

1. PAYMENTS DATES; MATURITY DATE.

1.1 INTEREST PAYMENTS. Interest pursuant to this Note shall accrue, on an annual basis, on the principal balance outstanding from time to time a the Interest Rate, and shall be payable as follows: interest shall accrue but not be payable for a period beginning on the date indicated at the top of this Note (the “Effective Date”) for a period that is forty-two (42) months after the Effective Date (the “Deferral Period”), provided that upon the expiration of the Deferral Period, City shall have the option to deliver written notice to Borrower requesting that Borrower either (a) pay all accrued but unpaid interest within sixty (60) days after written demand therefor, and thereafter continue to pay all accrued interest in annual installments on 1009
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December 31st of each subsequent year until the Maturity Date, or (b) (i) terminate this Note, the Deed of Trust and any obligations hereunder or thereunder as to any Property conveyed to the City pursuant to (ii), and (ii) provide a quitclaim deed transferring title to all of the Property (exclusive of any Released Property) to the City within sixty (60) days after Borrower’s election to terminate this Note.

1.2 APPLICATION OF PAYMENTS; MATURITY DATE. If at any time City receives from the Borrower or otherwise any amount payable under this Note that is less than all amounts due and payable at such time, City may apply that payment to amounts then due and payable (including without limitation, to late charges and other costs and fees then due, and to unpaid accrued interest) in any manner and in any order determined by City in City’s discretion.

In no event shall any amount due under this Note become subject to any rights, offset, deduction or counterclaim on the part of Borrower. The entire outstanding principal balance of this Note, together with interest accrued thereon and all other sums accrued hereunder, shall be payable in full on or before June 4, 2028 (the “Maturity Date”).

1.3 DUE ON SALE. The entire unpaid principal balance and all interest and other sums accrued hereunder shall be due and payable upon a transfer absent City consent, of all or any part of the Option Properties, or any improvements or fixtures located or hereafter constructed on any of the Option Properties (collectively, the “Property”; provided however, the term “Property” excludes any Released Property). This Note shall not be assumable without City’s prior written consent, which consent may be granted or denied in City’s sole discretion.

1.4 PREPAYMENT. Borrower may, without premium or penalty, at any time and from time to time, prepay all or any portion of the outstanding principal balance due under this Note, provided that each such prepayment is accompanied by accrued interest on the amount of principal prepaid calculated to the date of such prepayment. Prepayments shall be applied first to any unpaid late charges and other costs and fees then due, then to accrued but unpaid interest, and then to principal.

1.5 MANNER OF PAYMENT. All payments of principal and interest on this Note shall be made to City at City of Pittsburg, 65 Civic Avenue, Pittsburg, California 94565, Attention: City Manager, or such other place as City shall designate to Borrower in writing, or by wire transfer of immediately available funds to an account designated by City in writing. 1010
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2. TITLE TO THE PROPERTY.

2.1 Borrower acknowledges and agrees that prior to the execution of this Note, City, in its sole discretion and at its sole cost and expense, may cause Old Republic Title Insurance Company, 1000 Burnett Avenue, Suite 400, Concord, California, to deliver to City a preliminary title report for the Property, together with legible copies of the documents underlying the exceptions set forth in the preliminary title report (“Title Report”). The Title Report shall confirm that there are no monetary liens or encumbrances on the Property, and that the City’s Deed of Trust shall be a first position lien on the Property.

2.2 City, has the right to obtain, in its sole discretion and at its sole cost and expense, effective at closing on the acquisition of the Property by Borrower, an ALTA Lender’s Policy of Title Insurance in the full amount of the Note, to protect City against the unenforceability or invalidity of the Note and/or Deed of Trust, which policy shall only include those title exceptions approved by City in writing (“City Title Policy”).

3. THE PROJECT.

3.1 This Note and the Deed of Trust are entered into in conjunction with the development by Borrower of one or more data centers and ancillary infrastructure to support such data center (each, a “Project”) on any portion of the Property. Within the twelve (12) month period commencing on the Effective Date (such period being the “Interim Period”), Borrower shall (i) file for a power interconnection with Pacific Gas and Electric (PG&E) for any portion of the Property that Borrower targets for potential development (each, a “Target Property”, and collectively, the “Target Properties”), and (ii) prepare preliminary stage architectural designs for such Target Property. From time to time and with thirty (30) days’ written notice, City may request oral or written progress reports from Borrower regarding such Project and any business developments with respect to the applicable Target Property. Subject to the cure periods set forth in this Section 3.1, it will be a default under this Note if Borrower does not substantially complete the matters addressed in this Section 3.1 during the Interim Period. If Borrower completes the matters addressed in this Section 3.1 during the Interim Period, the Interim Period will be extended until such time as the applicable Target Property has been rezoned plus an additional twenty-four (24) months (the “Extension Period”). Subject to the cure periods set forth in this Section 3.1, it will be a default under this Note if, following the Extension Period, City, upon a reasonable, good faith finding, determines that Borrower is not marketing the Target Property for development to potential customers, as evidenced by written outreach to potential data center customers. Borrower will have one hundred twenty (120) days following Borrower’s receipt of written notice from the City that Borrower is in default under this Section 3.1, to cure the matter(s) giving rise to any such default, to the City’s reasonable satisfaction.

3.2 It shall not be a default under this Note in the event City denies approval or land use entitlements for any Project, or fails to approve the land use entitlements and California Environmental Quality Act (“CEQA”) within 24 months of the date of this Note, and in that situation, (i) Borrower may elect one of the following options: (a) Borrower may apply for CEQA approval and entitlements for a non-residential alternative development project consistent with the applicable zoning designation on the Target Properties (approval or denial of which shall remain in the City’s sole discretion); (b) Borrower may elect to convey the 1011
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applicable Target Properties to the City by quitclaim deed and terminate the Note, the Deed of Trust and any obligations hereunder or thereunder as to any Target Property so conveyed to the City; or (c) Borrower may sell one or more of the Target Properties to a buyer approved by the City; and (ii) Borrower and City shall negotiate a reasonable extension of any applicable time periods under this Note in order to provide Borrower with sufficient time to exercise its rights under Subsection (i) above. Such extension shall be no less than that amount of time sufficient to allow Borrower up to one (1) year to submit each subsequent development application for the applicable Target Properties, together with the actual amount of time for City to take final action on each such development application (which shall include the actual time required to conclude any litigation challenging such final action). In the event of a sale by Borrower of one or more of the Target Properties pursuant to this Section 3.2, Borrower shall, at the closing of such sale, pay to City fifty percent (50%) of the net proceeds from such sale, after deducting the direct, outof-pocket reasonable Project development expenses and carrying costs (excluding overhead and internal salary expenses) incurred by Borrower or its affiliates, which expenses and costs shall not exceed five million dollars ($5,000,000) (“Revenue Share”); provided, the foregoing Revenue Share shall not apply to the sale of any Target Properties on which Project developments have been commenced or completed in accordance with the terms of any agreement between Borrower and City; provided, further, that the foregoing Revenue Share shall not apply to any revenue, income, proceeds or other enrichment accruing to Borrower as a result of the operation of any Project. For a period of one (1) year following any sale of one or more of the Target Properties pursuant to this Section 3.2, City shall have the right, during ordinary business hours, to inspect and audit Borrower’s books and records concerning the calculation of the Revenue Share, and to object to the calculation. If City does object, Borrower shall have thirty (30) days to respond to City’s objection. If Borrower and City cannot agree on the amount of Revenue Share, an independent auditor mutually selected by Borrower and City shall resolve any disputed items. The cost of the auditor shall be shared equally by Borrower and City.

4. DEFAULTS AND REMEDIES.

4.1 EVENTS OF DEFAULT. The occurrence of any one or more of the following events shall constitute an event of default hereunder (“Event of Default”):
(a) Borrower fails to pay when due the principal and interest payable hereunder and such failure continues for fifteen (15) days after City notifies Borrower thereof in writing.
(b) Pursuant to or within the meaning of the United States Bankruptcy Code or any other federal or state law relating to insolvency or relief of debtors (“Bankruptcy Law”), Borrower (or any member or manager thereof): (i) commences a voluntary case or proceeding; (ii) consents to the entry of an order for relief against Borrower in an involuntary case; (iii) consents to the appointment of a trustee, receiver, assignee, liquidator or similar official for Borrower; (iv) makes an assignment for the benefit of its creditors; or (v) admits in writing its inability to pay its debts as they become due.
(c) A court of competent jurisdiction enters an order or decree under any Bankruptcy Law that (i) is for relief against Borrower (or any member or manager thereof) in an involuntary case, (ii) appoints a trustee, receiver, assignee, liquidator or similar official for 1012
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Borrower or substantially all of such entity’s assets, (iii) orders the liquidation of Borrower (or any member or manager thereof), or (iv) issues or levies a judgment, writ, warrant of attachment or similar process against the Property or the Improvements, and in each case the order or decree is not released, vacated, dismissed or fully bonded within ninety (90) days after its issuance. (d) The occurrence of a transfer of all or any portion of the Property in violation of this Note or the Deed of Trust.
(e) A default arises under any debt instrument secured by a mortgage or deed of trust on the Property and remains uncured beyond any applicable cure period such that the holder of such instrument has the right to accelerate payment thereunder and exercise rights and remedies against the Property.
(f) Borrower fails to maintain insurance on the Property, as required pursuant to the Deed of Trust and Borrower fails to cure such default within five (5) business days, after Borrower’s receipt of City’ written notice of such default. (g) Subject to Borrower’s right to contest the following charges pursuant to the Deed of Trust, if Borrower fails to pay taxes or assessments due on the Property or fails to pay any other charge that may result in a lien on the Property, and Borrower fails to cure such default within twenty (20) days, but in all events before the imposition of any such tax or other lien.
(h) A violation of the Single Purpose Entity requirements set forth in Exhibit A to this Note arises, and Borrower fails to cure such default within twenty (20) days. (i) Borrower incurs any additional debt other than the Loan, crosscollateralizes the Loan with any other loans, and/or encumbers the Property in any manner other than the Deed of Trust.
(j) If any representation or warranty contained in the Deed of Trust, or any certificate furnished in connection therewith proves to have been false or misleading in any material adverse respect when made and continues to be materially adverse to the City. (k) Borrower is in default under Section 3.1 herein beyond the applicable cure period.
(l) Borrower fails to pay City its Revenue Share upon the closing of the applicable Target Property, pursuant to Section 3.2 herein. (m) An Event of Default shall have been declared under this Note or the Deed of Trust, and remains uncured beyond the expiration of the applicable cure period.

4.2 REMEDIES. Upon the occurrence of an Event of Default hereunder, City may, at its option (i) by written notice to Borrower, declare the entire unpaid principal balance of this Note, together with all accrued interest thereon and all sums due hereunder, immediately due and payable regardless of any prior forbearance, (ii) exercise any and all rights and remedies available to it under applicable law, and (iii) exercise any and all rights and remedies available to 1013
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City under this Note or the Deed of Trust, including without limitation the right to pursue foreclosure under the Deed of Trust. Borrower shall pay all reasonable costs and expenses incurred by or on behalf of City including, without limitation, reasonable attorneys' fees, incurred in connection with City's enforcement of this Note and the exercise of any or all of its rights and remedies hereunder and all such sums shall be a part of the indebtedness secured by the Deed of Trust. The rights and remedies of City under this Note shall be cumulative and not alternative.

4.3 DEFAULT RATE. Upon the occurrence of an Event of Default, interest shall automatically be increased without notice to the rate (the “Default Rate”) equal to the lesser of ten percent (10%) per annum or the maximum rate permitted by law; provided however, if any payment due hereunder is not paid when due, the Default Rate shall apply commencing upon the due date for such payment. When Borrower is no longer in default, the Default Rate shall no longer apply, and the interest rate shall once again be the Interest Rate. Notwithstanding the foregoing provisions, if the interest rate charged exceeds the maximum legal rate of interest, the rate shall be the maximum rate permitted by law. The imposition or acceptance of the Default Rate shall in no event constitute a waiver of a default under this Note or prevent City from exercising any of its other rights or remedies.

5. CONDITIONAL PROPERTY RELEASE; RECONVEYANCE.

5.1 Subject to Borrower’s compliance with the requirements set forth in Section 29 of the Deed of Trust, and pursuant to and in accordance with the provisions of the such Section 29, City shall release from the lien of the Deed of Trust such parcels or areas of land comprising the Property as may be requested in writing by Borrower (any such property being a “Released Property”), provided that Borrower shall pay to City a release price as set forth in Exhibit B hereto, plus the pro rata interest accrued with respect to those portions of the Property specified in the written request of Borrower (the “Release Price”). If Borrower has paid to City the Release Price applicable to the land to be released from the Deed of Trust, then City shall cause to be released from the Deed of Trust those portions of the Property specified in the written request of Borrower. In furtherance and not in limitation of the foregoing, subject to the provisions of this Section 5, City shall provide to Borrower an executed and recordable form of Substitution of Trustee and Partial Reconveyance, a Partial Reconveyance, or a Full Reconveyance of Deed of Trust, as applicable, in a form and substance reasonably acceptable to Borrower.

6. MISCELLANEOUS.

6.1 WAIVERS; AMENDMENTS; BORROWER’S WAIVERS. No waiver by City of any right or remedy under this Note shall be effective unless in a writing signed by City.

Neither the failure nor any delay in exercising any right, power or privilege under this Note will operate as a waiver of such right, power or privilege, and no single or partial exercise of any such right, power or privilege by City will preclude any other or further exercise of such right, power or privilege or the exercise of any other right, power or privilege. No waiver that may be given by City will be applicable except in the specific instance for which it is given. No notice to or demand on Borrower will be deemed to be a waiver of any obligation of Borrower or of the right of City to take further action without notice or demand as provided in this Note. There shall be 1014
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no amendment to or modification of this Note except by written instrument executed by Borrower and City.

To the maximum extent permitted by applicable law, Borrower hereby waives presentment, demand, protest; notices of dishonor, demand and protest; and all defenses and pleas on the grounds of any extension or extensions of the time of payment or of any due date under this Note, in whole or in part, whether before or after maturity and with or without notice.

To the maximum extent permitted by applicable law, Borrower hereby waives the pleading of any statute of limitations as a defense to the obligations evidenced by this Note.

6.2 NOTICES. Any notice required or permitted to be given hereunder shall be given in accordance with Section 42 of the Deed of Trust.

6.3 SEVERABILITY. If any provision in this Note is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of this Note will remain in full force and effect. Any provision of this Note held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.

6.4 GOVERNING LAW; VENUE. This Note shall be governed by the laws of the State of California without regard to principles of conflicts of laws. Any legal action filed in connection with this Note shall be filed and litigated in the Superior Court of Contra Costa County, California, or in the Federal District Court for the Northern District of California.

6.5 PARTIES IN INTEREST. This Note shall bind Borrower and its successors and assigns and shall accrue to the benefit of City and its successors and assigns. The foregoing is not intended to modify any restrictions or limitations on assignment of this Note or restrictions or limitations on transfer set forth herein or in the Deed of Trust.

6.6 SECTION HEADINGS, CONSTRUCTION. The headings of Sections in this Note are provided for convenience only and will not affect its construction or interpretation.

6.7 RELATIONSHIP OF THE PARTIES. The relationship of Borrower and City under this Note is solely that of borrower and lender, and the indebtedness evidenced by this Note and secured by the Deed of Trust will in no manner make City the partner or joint venturer of Borrower.

6.8 TIME IS OF THE ESSENCE. Time is of the essence with respect to every provision of this Note.

6.9 NONRECOURSE. City shall not enforce the liability and obligations of Borrower to perform and observe the obligations contained in this Note or the Deed of Trust by any action or proceeding wherein a money judgment or any deficiency judgment or other judgment establishing personal liability shall be sought against Borrower or any principal, director, officer, employee, beneficiary, shareholder, partner, member, trustee, agent or affiliate of Borrower (or any legal representatives, successors or assigns of any of the foregoing). Except as expressly provided in this Section 6.9, Borrower shall not have personal liability for payment of the principal of, or interest on, this Note, and the sole recourse of City with respect to the payment of the principal of, and interest on, this Note shall be to the Property and any other 1015
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collateral held by City as security for this Note pursuant to the Deed of Trust; provided however, nothing contained in the foregoing limitation of liability shall:
(a) impair the enforcement against all such security for the Loan of all the rights and remedies of the City under the Deed of Trust and any financing statements City files in connection therewith as each of the foregoing may be amended, modified, or restated from time to time;
(b) impair the right of City to bring a foreclosure action, action for specific performance or other appropriate action or proceeding to enable City to enforce and realize upon the Deed of Trust, the interest in the Property created thereby and any other collateral given to City in connection with the indebtedness evidenced hereby and to name the Borrower as party defendant in any such action;
(c) be deemed in any way to impair the right of the City to assert the unpaid principal amount of this Note as a demand for money within the meaning of Section 431.70 of the California Code of Civil Procedure or any successor provision thereto; (d) constitute a waiver of any right which City may have under any bankruptcy law to file a claim for the full amount of the indebtedness owed to City hereunder or to require that the Property shall continue to secure all of the indebtedness owed to City hereunder in accordance with this Note and the Deed of Trust; or (e) limit or restrict the ability of City to seek or obtain a judgment against Borrower to enforce against Borrower to:
(i) recover under any portion of the Deed of Trust that obligates Borrower to indemnify City, or
(ii) recover from Borrower compensatory damages as well as other reasonable costs and expenses incurred by City (including without limitation reasonable attorneys’ fees and expenses) arising as a result of the occurrence of any of the following:
(iii) any fraud or material misrepresentation on the part of the Borrower in connection with the request for or creation of the indebtedness evidenced hereby, or in connection with any request for any action or consent by City in connection with the indebtedness evidenced hereby;
(iv) any failure to maintain insurance on the Property and the improvements as required;
(v) failure to pay taxes, assessments or other charges which may become liens on the Property;
(vi) the presence of Hazardous Materials on the Property after the Effective Date (except in the ordinary course of construction and business at the Mortgaged Property and in compliance with Environmental Laws) or violation of the Borrower’s obligations under the Deed of Trust pertaining to environmental matters; 1016
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(vii) the occurrence of any intentional act or omission of Borrower that results in physical waste to or of the Property and which has a material adverse effect on the value of the Property;
(viii) the removal or disposal of any fixtures or the retention of rents, insurance proceeds, or condemnation awards in violation of the Deed of Trust; (ix) the material misapplication of the proceeds of any insurance policy or award resulting from condemnation or the exercise of the power of eminent domain or by reason of damage, loss or destruction to any portion of the Property; and (x) the failure of Borrower to pay all amounts payable under this Note in full if Borrower transfers the Property in violation of the Deed of Trust.

IN WITNESS WHEREOF, Borrower has executed and delivered this Note as of the date first written above.

BORROWER:

PITTSBURG LAND HOLDINGS, LLC,
a Delaware limited liability company
By:

Name:

Title:
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EXHIBIT A

SINGLE PURPOSE ENTITY PROVISIONS
Until such time as the Deed of Trust recorded for the benefit of City (“Deed of Trust”) is fully reconveyed, the organizational documents for BORROWER shall include representations, warranties and covenants that the limited liability company entity:

1. Is organized solely for the purpose of owning the Property and any incidental personal property necessary for the ownership, development, construction, management and operation of the Property.

2. Has not and shall not engage in any business unrelated to ownership of the Property and any incidental personal property necessary for the ownership, development, construction, management and operation of the Property.

3. Does not own and will not acquire any assets other than the Property (and personal property incidental to the ownership, development, management, construction and operation of the Property).

4. Has no indebtedness (and will have no indebtedness) other than the “seller financing” provided by City.

5. Will take all reasonable steps necessary to maintain a separate legal existence in all respects from all other entities (including any affiliated entities), including without limitation, by keeping separate books, records, accounts, and accounting records, and by allocating overhead for any shared office space, personnel, and supplies on a reasonable basis.

6. Has not and will not comingle its funds or assets with those of any other entity, and has held and will hold its assets in its own name.

7. Has conducted and will conduct its business in its own name; has not and will not identify itself as a division or part of any other person or entity; and has not and will not identify its partners, members or shareholders, or any affiliates of any of the foregoing as a division or part of it.

8. Has prepared and will prepare separate tax returns (if required by law) and financial statements, or if part of a consolidated group, is shown and will be shown as a separate member of such group.

9. Has paid and will pay its own liabilities and expenses out of its own funds and assets.

10. Has not and will not loan money to any entity or acquire obligations or securities from its partners, members or shareholders. Has not and will not enter into or be a party to any transaction with its members, partners, shareholders or affiliates of any of the foregoing, except in the ordinary course of business and on terms which are comparable to an arm’s length transaction with an unrelated party.
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11. Has not and will not pledge any of its assets for the benefit of any other person or entity, and has not and will not guaranty or become obligated for the debt of any other entity.

12. Has maintained and will maintain a sufficient number of employees in light of its contemplated business operations.

13. Shall not file or consent to the filing of any bankruptcy or insolvency petition or otherwise institute bankruptcy proceedings with respect to itself.

14. Has not and will not engage in, seek or consent to any dissolution, winding up, liquidation, consolidation, merger, asset sale, transfer of partnership or membership interest or any amendment of its operating agreement, limited partnership agreement, or articles of incorporation, as applicable, that would conflict with the special purpose entity provisions set forth herein.

15. Has held and shall hold regular meetings required by its governing documents, to conduct its business and has observed and will observe, as applicable, all corporate, partnership or limited liability company formalities and record-keeping.

16. If any such entity is a limited partnership with more than one general partner, its limited partnership agreement shall require the remaining partners to continue the partnership as long as one solvent general partner exists.

17. The provisions of this Exhibit A shall be included in the operating agreement, limited partnership agreement, or articles of incorporation, as applicable, of each such entity to the greatest extent permitted by applicable law, and each such entity shall conduct its business in strict compliance with all such provisions.
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EXHIBIT B

RELEASE PRICE
For the first 10 acres $1.50 per square foot
For the second 10 acres $2.00 per square foot
For the third 10 acres $2.50 per square foot
For the fourth 10 acres $3.00 per square foot
For the fifth 10 acres $3.50 per square foot
For the sixth 10 acres $4.00 per square foot
For the seventh 10 acres $4.50 per square foot
For the eighth 10 acres $5.00 per square foot
For the ninth 10 acres $5.50 per square foot
For the final acreage of 11.7 acres $6.00 per square foot 1020
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DEED OF TRUST

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Pittsburg
65 Civic Avenue
Pittsburg, CA 94565
Attention: City Clerk

EXEMPT FROM RECORDING FEES PER
GOVERNMENT CODE §§6103, 27383
Space above this line for Recorder’s use

THIS DOCUMENT IS ALSO A FIXTURE FILING IN ACCORDANCE WITH SECTION 9502(c) OF THE CALIFORNIA COMMERCIAL CODE
PURSUANT TO SECTION 2924b(d) OF THE CALIFORNIA CIVIL CODE,

BORROWER REQUESTS THAT A COPY OF ANY NOTICE OF DEFAULT AND A

COPY OF ANY NOTICE OF SALE BE MAILED TO BORROWER AT THE ADDRESS

FOR SUCH PARTY SET FORTH HEREIN

DEED OF TRUST, ASSIGNMENT OF RENTS, SECURITY AGREEMENT

AND FIXTURE FILING
This Deed of Trust, Assignment of Rents, Security Agreement and Fixture Filing (“Deed of Trust”) is made as of________________, 2022, by PITTSBURG LAND HOLDINGS, LLC, a Delaware limited liability company, whose address is ________________________ as trustor (“Borrower”), to OLD REPUBLIC TITLE INSURANCE COMPANY, a __________________, whose address is 1000 Burnett Avenue, Suite 400, Concord, California 94520, as trustee (“Trustee”), for the benefit of the CITY OF PITTSBURG, a California municipal corporation (“City or Lender”).

To secure the full and timely payment of the Indebtedness and the full and timely performance and discharge of the Obligations, Borrower GRANTS, ASSIGNS, BARGAINS, SELLS, AND CONVEYS to Trustee, in trust, the Mortgaged Property, with power of sale and right of entry and possession, subject only to the Permitted Encumbrances, to have and to hold the Mortgaged Property, and Borrower does hereby bind itself, its successors, and its assigns to warrant and forever defend the title to the Mortgaged Property to Trustee against anyone lawfully claiming it or any part of it; provided, however, that if the Indebtedness is paid in full as and when it becomes due and payable and the Obligations are performed on or before the date they are to be performed and discharged, then the liens, security interests, estates, and rights granted by this Deed of Trust shall terminate; otherwise, they shall remain in full force and effect. As additional security for the full and timely payment of the Indebtedness and the full and timely performance and discharge of the Obligations, Borrower grants to Lender a security 1021
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interest in the Fixtures, Leases, and Rents, if any, under Article Nine of the Uniform Commercial Code in effect in the State of California to secure the full and timely payment of the Indebtedness and the full and timely performance and discharge of the Obligations.

Borrower agrees to execute and deliver, from time to time, such further instruments, including, but not limited to, security agreements, assignments, and UCC financing statements, as may be requested by Lender to confirm the lien of this Deed of Trust on any of the Mortgaged Property.

Borrower further irrevocably grants, transfers, assigns and grants to Lender a security interest in the Rents. This assignment of Rents is to be effective to create a present security interest in existing and future Rents of the Mortgaged Property under California Civil Code §2938.

TO MAINTAIN AND PROTECT THE SECURITY OF THIS DEED OF TRUST, TO

SECURE THE FULL AND TIMELY PERFORMANCE BY BORROWER OF EACH AND

EVERY OBLIGATION, COVENANT, AND AGREEMENT OF BORROWER UNDER THE

NOTE, THIS DEED OF TRUST OR ANY OTHER OF THE LOAN DOCUMENTS, AND AS

ADDITIONAL CONSIDERATION FOR THE INDEBTEDNESS AND OBLIGATIONS

EVIDENCED BY THE LOAN DOCUMENTS, BORROWER HEREBY COVENANTS, REPRESENTS, AND AGREES AS FOLLOWS:

1. This instrument is being executed in connection with the Borrower’s acquisition of certain Option Properties, pursuant to and in accordance with that certain Option Agreement between the City of Pittsburg and Energy Delivery Solutions LLC, dated June 5, 2018, as amended by that First Amendment to Option Agreement between the City of Pittsburg and Energy Delivery Solutions LLC dated October 8, 2019, as assigned and novated in favor of Borrower’s sole member, Pittsburg Data Hub, LLC, pursuant to that certain Novation and Amendment Agreement, dated as of April 11, 2022, by and among Energy Delivery Solutions LLC, Pittsburg Data Hub, LLC and City (collectively, the “Option Agreement”). To implement the Option Agreement and to facilitate Borrower’s acquisition of the Option Properties, Lender has agreed to provide a seller carryback loan to Borrower in the principal amount of Sixteen Million, Seven Hundred Seventy-Nine Thousand, Three Hundred Twenty-Seven and 41/100ths Dollars ($16,779,327.41) (the “Loan”).

2. Definitions. For purposes of this Deed of Trust, each of the following terms shall have the following respective meanings. Capitalized terms used but not defined in this Deed of Trust shall have the meaning ascribed to them in the Option Agreement or the Note.

2.1 Attorneys’ Fees. “Attorneys’ fees” means the following costs, expenses, and attorneys’ fees paid or incurred by Lender, or adjudged by a court: (a) any and all costs of collection and costs, expenses, and reasonable attorneys’ fees paid or incurred in connection with the collection or enforcement of the Note or any of the Loan Documents, whether or not suit is filed; (b) any and all costs, expenses, and reasonable attorneys’ fees paid or incurred in connection with representing Lender in any bankruptcy, reorganization, receivership, or other proceedings affecting creditors’ rights and involving a claim under the Note or any of the Loan Documents; (c) any and all costs, expenses, and attorneys’ fees incurred to protect the lien of this 1022
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Deed of Trust or Lender’s interest in the Mortgaged Property; and (d) costs of suit and such sum as the court may adjudge as attorneys’ fees in any action to enforce payment of the Note, or any part of thereof.

2.2 Borrower. “Borrower” means the named Borrower in this Deed of Trust and the obligor under the Note, whether or not named as Borrower in this Deed of Trust, and the heirs, legatees, devisees, administrators, executors, successors in interest to the Mortgaged Property, and the assigns of any such person. Nothing in this Section is intended to modify any provision of the Note or this Deed of Trust pertaining to restrictions on transfer of the Mortgaged Property.

2.3 Default Rate. “Default Rate” means the Default Rate as defined in the Note.

2.4 Event of Default. “Event of Default” is defined in Section 20 of this Deed of Trust.

2.5 Environmental Laws. “Environmental Laws” means, collectively, (i) the Comprehensive Environmental Response, Compensation and Liability Act, as amended, 42 U.S.C. § 9601, et seq., (ii) the Hazardous Materials Transportation Act, as amended, 49 U.S.C. § 1801, et seq., (iii) the Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6901, et seq., (iv) the Federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251, et seq., (v) the Clean Air Act, as amended, 42 U.S.C. § 7401, et seq., (vi) the Toxic Substances Control Act , as amended, 15 U.S.C. § 2601, et seq., (vii) the Clean Water Act, as amended, 33 U.S. Code § 1251, et seq., (viii) the Oil Pollution Act, as amended, 33 U.S.C. § 2701, et seq., (ix) California Health & Safety Code (“H&S Code”) § 25100, et seq. (Hazardous Waste Control), (x) the Hazardous Substance Account Act, as amended, H&S Code § 25300, et seq., (xi) the Unified Hazardous Waste and Hazardous Materials Management Regulatory Program, as amended, H&S Code § 25404, et seq., (xii) H&S Code § 25531, et seq. (Hazardous Materials Management), (xiii) the California Safe Drinking Water and Toxic Enforcement Act, as amended, H&S Code § 25249.5, et seq., (xiv) H&S Code § 25280, et seq. (Underground Storage of Hazardous Substances), (xv) the California Hazardous Waste Management Act, as amended, H&S Code § 25170.1, et seq., (xvi) H&S Code § 25501, et seq. (Hazardous Materials Response Plans and Inventory), (xvii) H&S Code § 18901, et seq. (California Building Standards), (xviii) the Porter-Cologne Water Quality Control Act, as amended, California Water Code § 13000, et seq., (xix) California Fish and Game Code §§ 5650-5656 and (xx) or any other federal, state or local laws, ordinances, rules, regulations, court orders or common law related in any way to the protection of the environment, health or safety (excluding, however building codes and laws), as any of the foregoing may be amended from time to time.

2.6 Fixtures. “Fixtures” means all materials, supplies, equipment, apparatus, and other items now or later attached to, installed on or in the Land or the Improvements, or that in some fashion are deemed to be fixtures to the Land or Improvements under the laws of the State of California, including the California Uniform Commercial Code.

2.7 Governmental Authority. “Governmental Authority” means any and all courts, boards, agencies, commissions, offices, or authorities of any nature whatsoever for any governmental unit (federal, state, county, district, municipal, city, or otherwise) whether now or later in existence.
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2.8 Governmental Requirements. “Governmental Requirements” means, collectively, any and all applicable local, state, or federal code, ordinance, statute, rule, regulation, enactment, decree, judgment, order, permit, certificate, or law of any Governmental Authority whether now or later in existence including, without limitation: (a) the Americans with Disabilities Act, Title 24 of the California Administrative Code, and other similar federal, state and local laws, (b) building codes, zoning ordinances and any other laws relating to the use, ownership, construction or design of the improvements on the Mortgaged Property, including fire, safety, handicapped access, or seismic design, (c) any Environmental Laws, and (d) and any of the foregoing which are in any way applicable to (i) Borrower, any guarantor (with respect to the Indebtedness or the Mortgaged Property), or the Mortgaged Property, including, but not limited to, those concerning its ownership, use, occupancy, possession, operation, maintenance, alteration, repair, or reconstruction, (ii) Borrower’s or any guarantor’s presently or subsequently effective bylaws and articles of incorporation, or any instruments establishing any partnership, limited partnership, joint venture, trust, limited liability company, or other form of business association (if either, both, or all, by any of same), (iii) any and all contracts (written or oral) of any nature to which Borrower or any guarantor may be bound, and (iv) any and all restrictions, reservations, conditions, easements, or other covenants or agreements now or later of record affecting the Mortgaged Property.

2.9 Hazardous Materials. “Hazardous Materials” means any and all substances, contaminants, chemicals, wastes, sewage, materials or emissions which are now or hereafter regulated, controlled, prohibited or otherwise affected by any present or future local, state or federal statute, ordinance, code, rule, regulation, order, decree, permit or other law now or hereafter in effect including: (i) any substance defined as a “hazardous substance,” “hazardous material,” “hazardous waste,” “toxic substance,” or “air pollutant” in any Environmental Laws; (ii) any substance the presence of which at the Mortgaged Property causes or threatens to cause a nuisance upon the Mortgaged Property or to adjacent properties or poses or threatens to pose a hazard to the health or safety of human beings; and (iii) any substance the presence of which at the Mortgaged Property or at nearby or adjacent properties could constitute a trespass. In addition to the foregoing, to the extent not already included therein, the term “Hazardous Materials” also means (i) asbestos (including asbestos-containing materials); (ii) flammable, explosive, infectious, carcinogenic, mutagenic, or radioactive materials; (iii) petroleum or any substance containing or consisting of petroleum hydrocarbons (including gasoline, diesel fuel, motor oil, waste oil, grease or any other fraction of crude oil); (iv) paints and solvents; (v) lead; (vi) cyanide; (vii) DDT; (viii) printing inks; (ix) acids; (x) pesticides; (xi) ammonium compounds; (xii) polychlorinated biphenyls; (xiii) radon and radon gas; and (xiv) electromagnetic or magnetic materials, substances or emissions.

2.10 Impositions. “Impositions” means all real estate and personal property taxes, water, gas, sewer, electricity, and other utility rates and charges; charges imposed under any subdivision, planned unit development, or condominium declaration or restrictions; charges for any easement, license, or agreement maintained for the benefit of the Mortgaged Property, and all other taxes, charges, and assessments and any interest, costs, or penalties of any kind and nature that at any time before or after the execution of this Deed of Trust may be assessed, levied, or imposed on the Mortgaged Property or on its ownership, use, occupancy, or enjoyment.
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2.11 Improvements. “Improvements” means any and all buildings, structures, improvements, fixtures, and appurtenances now and later placed on the Land, including, without limitation, all apparatus and equipment, whether or not physically affixed to the land or any building, which is used to provide or supply air cooling, air conditioning, heat, gas, water, light, power, refrigeration, ventilation, laundry, drying, dish washing, garbage disposal, or other services; and all elevators, escalators, and related machinery and equipment, fire prevention and extinguishing apparatus, security and access control apparatus, partitions, ducts, compressors, plumbing, ovens, refrigerators, dishwashers, disposals, washers, dryers, awnings, storm windows, storm doors, screens, blinds, shades, curtains, curtain rods, mirrors, cabinets, paneling, rugs, attached floor coverings, furniture, pictures, antennas, pools, spas, pool and spa operation and maintenance equipment and apparatus, and trees and plants located on the Land, all of which, including replacements and additions, shall conclusively be deemed to be affixed to and be part of the Land conveyed to Trustee under this Deed of Trust.

2.12 Indebtedness. “Indebtedness” means the principal of, interest on, and all other amounts and payments due under or evidenced by the following:

2.12.1 The Note (including, without limitation, late payment and other charges payable under the Note);

2.12.2 This Deed of Trust and all other Loan Documents;

2.12.3 All funds later advanced by Lender to or for the benefit of Borrower under any provision of any of the Loan Documents;

2.12.4 Any future loans or amounts advanced by Lender to Borrower when evidenced by a written instrument or document that specifically recites that the Obligations evidenced by such document are secured by the terms of this Deed of Trust, including, but not limited to, funds advanced to protect the security or priority of the Deed of Trust; and

2.12.5 Any amendment, modification, extension, rearrangement, restatement, renewal, substitution, or replacement of any of the foregoing.

2.13 Land. “Land” means the real estate or any interest in it described in Attachment A attached to this Deed of Trust and made a part of it, and all rights, titles, and interests appurtenant to it.

2.14 Leases. “Leases” means any and all leases, subleases, licenses, concessions, or other agreements (written or verbal, now or later in effect), that grant a possessory interest in and to, or the right to extract, mine, reside in, sell, or use the Land and/or the Improvements, and all other agreements, including, but not limited to, utility contracts, maintenance agreements, and service contracts that in any way relate to the use, occupancy, operation, maintenance, enjoyment, or ownership of the Land and/or Improvements, except any and all leases, subleases, or other agreements under which Borrower is granted a possessory interest in the Land.

2.15 Lender. “Lender” means the named Lender in this Deed of Trust and the owner and holder (including a pledgee) of any Note, Indebtedness, or Obligations secured by this Deed 1025
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of Trust, whether or not named as Lender in this Deed of Trust, and the heirs, legatees, devisees, administrators, executors, successors, and assigns of any such person.

2.16 Loan. “Loan” is defined in Section 1 of this Deed of Trust.

2.17 Loan Documents. “Loan Documents” means, collectively, this Deed of Trust, the Note, and all other documents and instruments, executed and/or recorded or required to be executed by Borrower or any guarantor in connection with the Loan, and all renewals, modifications, or extensions thereof.

2.18 Mortgaged Property. “Mortgaged Property” means the Land, and Improvements, Fixtures, Leases, and Rents, if any, together with:

2.18.1 All right, title, and interest (including any claim or demand or demand in law or equity) that Borrower now has or may later acquire in or to such Mortgaged Property; all easements, rights, privileges, tenements, hereditaments, and appurtenances belonging or in any way appertaining to the Mortgaged Property; all of the estate, right, title, interest, claim, demand, reversion, or remainder of Borrower in or to the Mortgaged Property, either at law or in equity, in possession or expectancy, now or later acquired; all crops growing or to be grown on the Mortgaged Property; all development rights or credits and air rights; all water and water rights (whether or not appurtenant to the Mortgaged Property) and shares of stock pertaining to such water or water rights, ownership of which affects the Mortgaged Property; all minerals, oil, gas, and other hydrocarbon substances and rights thereto in, on, under, or upon the Mortgaged Property and all royalties and profits from any such rights or shares of stock; all right, title, and interest of Borrower in and to any streets, ways, alleys, strips, or gores of land adjoining the Land or any part of it that Borrower now owns or at any time later acquires and all adjacent lands within enclosures or occupied by buildings partly situated on the Mortgaged Property;

2.18.2 All intangible Mortgaged Property and rights relating to the Mortgaged Property or its operation or used in connection with it, including, without limitation, permits, licenses, plans, specifications, construction contracts, subcontracts, bids, deposits for utility services, installations, refunds due Borrower, trade names, trademarks, and service marks;

2.18.3 All of the right, title, and interest of Borrower in and to the land lying in the bed of any street, road, highway, or avenue in front of or adjoining the Land;

2.18.4 Any and all awards previously made or later to be made by any Governmental Authority to the present and all subsequent owners of the Mortgaged Property that may be made with respect to the Mortgaged Property as a result of the exercise of the right of eminent domain, the alteration of the grade of any street, or any other injury to or decrease of value of the Mortgaged Property, which award or awards are assigned to Lender and Lender, at its option, is authorized, directed, and empowered to collect and receive the proceeds of any such award or awards from the authorities making them and to give proper receipts and acquittances for them, and to apply them as provided in Section 5 of this Deed of Trust;

2.18.5 All certificates of deposit of Borrower in Lender’s possession and all bank accounts of Borrower with Lender and their proceeds, and all deposits of Borrower with 1026
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any Governmental Authority and/or public utility company that relate to the ownership of the Mortgaged Property;

2.18.6 All Leases of the Mortgaged Property or any part of it now or later entered into and all right, title, and interest of Borrower under such Leases, including cash or securities deposited by the tenants to secure performance of their obligations under such Leases (whether such cash or securities are to be held until the expiration of the terms of such Leases or applied to one or more of the installments of rent coming due immediately before the expiration of such terms), all rights to all insurance proceeds and unearned insurance premiums arising from or relating to the Mortgaged Property, all other rights and easements of Borrower now or later existing pertaining to the use and enjoyment of the Mortgaged Property, and all right, title, and interest of Borrower in and to all declarations of covenants, conditions, and restrictions as may affect or otherwise relate to the Mortgaged Property;

2.18.7 Any and all proceeds of any insurance policies covering the Mortgaged Property, whether or not such insurance policies were required by Lender as a condition of making the loan secured by this Deed of Trust or are required to be maintained by Borrower as provided below in this Deed of Trust; which proceeds are assigned to Lender, and Lender, at its option, is authorized, directed, and empowered to collect and receive the proceeds of such insurance policies from the insurers issuing the same and to give proper receipts and acquittances for such policies, and to apply the same as provided below;

2.18.8 All plans and specifications for the Improvements; all contracts and subcontracts relating to the Improvements; all deposits (including tenants’ security deposits; provided, however, that if Lender acquires possession or control of tenants’ security deposits Lender shall use the tenants’ security deposits only for such purposes as Governmental Requirements permit), funds, accounts, contract rights, instruments, documents, general intangibles, and notes or chattel paper arising from or in connection with the Land or other Mortgaged Property; all permits, licenses, certificates, and other rights and privileges obtained in connection with the Land or other Mortgaged Property; all soils reports, engineering reports, land planning maps, drawings, construction contracts, notes, drafts, documents, engineering and architectural drawings, letters of credit, bonds, surety bonds, any other intangible rights relating to the Land and Improvements, surveys, and other reports, exhibits, or plans used or to be used in connection with the construction, planning, operation, or maintenance of the Land and Improvements and all amendments and modifications; all proceeds arising from or by virtue of the sale, lease, grant of option, or other disposition of all or any part of the Land, Fixtures, or other Mortgaged Property (consent to same is not granted or implied); and all proceeds (including premium refunds) payable or to be payable under each insurance policy relating to the Land, Fixtures, or other Mortgaged Property;

2.18.9 All trade names, trademarks, symbols, service marks, and goodwill associated with the Mortgaged Property and any and all state and federal applications and registrations now or later used in connection with the use or operation of the Mortgaged Property;

2.18.10 All tax refunds, bills, notes, inventories, accounts and charges receivable, credits, claims, securities, and documents of all kinds, and all instruments, contract rights, 1027
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general intangibles, bonds and deposits, and all proceeds and products of the Mortgaged Property;

2.18.11 All money or other personal property of Borrower (including, without limitation, any instrument, deposit account, general intangible, or chattel paper, as defined in Division 9 of the California Uniform Commercial Code) previously or later delivered to, deposited with, or that otherwise comes into Lender’s possession;

2.18.12 All accounts, contract rights, chattel paper, documents, instruments, books, records, claims against third parties, money, securities, drafts, notes, proceeds, and other items relating to the Mortgaged Property;

2.18.13 All construction, supply, engineering, and architectural contracts executed and to be executed by Borrower for the construction of the Improvements; and

2.18.14 All proceeds of any of the foregoing.

As used in this Deed of Trust, “Mortgaged Property” is expressly defined as meaning all or, when the context permits or requires, any portion of it and all or, when the context permits or requires, any interest in it.

2.19 Note. “Note” means the Secured Promissory Note payable by Borrower to the order of Lender in the principal amount of Sixteen Million, Seven Hundred Seventy-Nine Thousand, Three Hundred Twenty-Seven and 41/100ths Dollars ($16,779,327.41), evidencing the Loan, in such form as is acceptable to Lender, together with any and all rearrangements, extensions, renewals, substitutions, replacements, modifications, restatements, and amendments to the Note.

2.20 Obligation(s). “Obligations” means any and all of the covenants, warranties, representations, and other obligations (other than to repay the Indebtedness) made or undertaken by Borrower to Lender or Trustee as set forth in the Note, this Deed of Trust or any of the other Loan Documents and each obligation, covenant, and agreement of Borrower in the Note, the Deed of trust and the other Loan Documents.

2.21 Permitted Encumbrances. “Permitted Encumbrances” means, at any particular time, (a) liens for taxes, assessments, or governmental charges not then due and payable or not then delinquent; (b) liens, easements, encumbrances, and restrictions on the Mortgaged Property that are allowed by Lender to appear in an ALTA title policy to be issued to Lender following recordation of the Deed of Trust; and (c) liens in favor of or consented to in writing by Lender.

2.22 Person. “Person” means natural persons, corporations, partnerships, unincorporated associations, joint ventures, and any other form of legal entity.

2.23 Personalty. “Personalty” means all of the right, title, and interest of Borrower in and to all tangible and intangible personal property, whether now owned or later acquired by Borrower, including, but not limited to, water rights (to the extent they may constitute personal property), all equipment, inventory, goods, consumer goods, accounts, chattel paper, instruments, money, general intangibles, letter-of-credit rights, deposit accounts, investment property, 1028
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documents, minerals, crops, and timber (as those terms are defined in the California Uniform Commercial Code) and that are now or at any later time located on, attached to, installed, placed, used on, in connection with, or are required for such attachment, installation, placement, or use on the Land, the Improvements, Fixtures, or on other goods located on the Land or Improvements, together with all additions, accessions, accessories, amendments, modifications to the Land or Improvements, extensions, renewals, and enlargements and proceeds of the Land or Improvements, substitutions for, and income and profits from, the Land or Improvements.

The Personalty includes, but is not limited to, all goods, machinery, tools, equipment (including fire sprinklers and alarm systems); building materials, air conditioning, heating, refrigerating, electronic monitoring, entertainment, recreational, maintenance, extermination of vermin or insects, dust removal, refuse and garbage equipment; vehicle maintenance and repair equipment; office furniture (including tables, chairs, planters, desks, sofas, shelves, lockers, and cabinets); safes, furnishings, appliances (including ice-making machines, refrigerators, fans, water heaters, and incinerators); rugs, carpets, other floor coverings, draperies, drapery rods and brackets, awnings, window shades, venetian blinds, curtains, other window coverings; lamps, chandeliers, other lighting fixtures; office maintenance and other supplies; loan commitments, financing arrangements, bonds, construction contracts, leases, tenants’ security deposits, licenses, permits, sales contracts, option contracts, lease contracts, insurance policies, proceeds from policies, plans, specifications, surveys, books, records, funds, bank deposits; and all other intangible personal property. Personalty also includes any other portion or items of the Improvements that constitute personal property under the California Uniform Commercial Code.

2.24 Rents. “Rents” means all rents, issues, revenues, income, proceeds, royalties, profits, license fees, prepaid municipal and utility fees, bonds, and other benefits to which Borrower or the record title owner of the Land and Improvements may now or later be entitled from or which are derived from the Land and Improvements, including, without limitation, sale proceeds of the Land and Improvements; any room or space sales or rentals from the Land and Improvements; and other benefits paid or payable for using, leasing, licensing, possessing, operating from or in, residing in, selling, mining, extracting, or otherwise enjoying or using the Land and Improvements.

3. Repair and Maintenance of Mortgaged Property. Borrower shall (a) maintain and repair the Mortgaged Property in accordance with the provisions of the Pittsburg Municipal Code; (b) not substantially alter, remove, or demolish the Mortgaged Property or any of the Improvements except for obsolete items or when incident to the replacement of Fixtures, equipment, machinery, or appliances with items of like kind, unless approved in writing by the City Manager; (c) restore and repair to the equivalent of its original condition all or any part of the Mortgaged Property that may be damaged or destroyed, including, but not limited to, damage from termites and dry rot, soil subsidence, and construction defects, whether or not insurance proceeds are available to cover any part of the cost of such restoration and repair, and regardless of whether Lender permits the use of any insurance proceeds to be used for restoration under Section 6 of this Deed of Trust; (d) subject to Borrower’s right to contest, as provided herein, pay when due all claims for labor performed and materials furnished in connection with the Mortgaged Property and not permit any mechanics’ or materialman’s lien to arise against the Mortgaged Property or furnish a loss or liability bond against such mechanics’ or materialman’s lien claims; (e) comply with all laws affecting the Mortgaged Property or requiring that any alterations, repairs, replacements, or improvements be made on it; (f) not knowingly or intentionally commit or permit waste on or to 1029
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the Mortgaged Property, or commit, suffer, or permit any act or violation of law to occur on it; (g) not abandon the Mortgaged Property; (h) cultivate, irrigate, fertilize, fumigate, and prune in accordance with prudent agricultural practices; (i) if required by Lender, provide for management satisfactory to Lender under a management contract approved by Lender; (j) notify Lender in writing of any condition at or on the Mortgaged Property that may have a significant and measurable effect on its market value; (k) if the Mortgaged Property is rental property, generally operate and maintain it in such manner as to realize its maximum rental potential; and (l) do all other things that the character or use of the Mortgaged Property may reasonably render necessary to maintain it in the same condition (reasonable wear and tear expected) as existed at the date of this Deed of Trust.

4. Use of Mortgaged Property. Unless otherwise required by Governmental Requirements or unless Lender otherwise consents in writing, Borrower shall not allow changes in the use of the Mortgaged Property from that which is contemplated by Borrower and Lender at the time of execution of this Deed of Trust (including but not limited to as contemplated in Section 3 of the Note). Except as contemplated in Section 3 of the Note, Borrower shall not initiate or acquiesce in a change in the zoning classification of the Mortgaged Property without Lender’s prior written consent.

5. Insurance.

5.1 Casualty Insurance. Borrower shall at all times keep the Mortgaged Property insured for the benefit of Trustee and Lender as follows, despite Governmental Requirements that may detrimentally affect Borrower’s ability to obtain or may materially increase the cost of such insurance coverage:

5.1.1 Against damage or loss by fire and such other hazards (including lightning, windstorm, hail, explosion, riot, acts of striking employees, civil commotion, vandalism, malicious mischief, aircraft, vehicle, and smoke) as are covered by the broadest form of extended coverage endorsement available from time to time, in an amount not less than the full insurable value (as defined in Section 5.9) of the Mortgaged Property, with a deductible amount not to exceed an amount satisfactory to Lender;

5.1.2 Rent loss or business interruption or use and occupancy insurance on such basis and in such amounts and with such deductibles as are satisfactory to Lender;

5.1.3 Against damage or loss by flood if the Land is located in an area identified by the Secretary of Housing and Urban Development or any successor or other appropriate authority (governmental or private) as an area having special flood hazards and in which flood insurance is available under the National Flood Insurance Act of 1968 or the Flood Disaster Protection Act of 1973, as amended, modified, supplemented, or replaced from time to time, on such basis and in such amounts as Lender may require;

5.1.4 Against damage or loss from (a) sprinkler system leakage and (b) boilers, boiler tanks, heating and air conditioning equipment, pressure vessels, auxiliary piping, and similar apparatus, on such basis and in such amounts as Lender may require; 1030
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5.1.5 During any alteration, construction, or replacement of the Improvements, or any substantial portion of it, a Builder’s All Risk policy with extended coverage with course of construction and completed value endorsements, for an amount at least equal to the full insurable value of the Improvements, and workers’ compensation, in statutory amounts, with provision for replacement with the coverage described in Section 5.1, without gaps or lapsed coverage, for any completed portion of the Improvements; and

5.1.6 Against damage or loss by earthquake, in an amount and with a deductible satisfactory to Lender, if and to the extent such insurance is then customarily required by other institutional lenders holding security interests in property comparable to, and in the general vicinity of, the Land.

5.1.7 Against damage or loss from perils of terrorism and acts of terrorism, if and to the extent such insurance is then customarily required by other institutional lenders holding security interests in property comparable to, and in the general vicinity of, the Land.

5.2 Liability Insurance. Borrower shall procure and maintain workers’ compensation insurance for Borrower’s employees and comprehensive general liability insurance covering Borrower, Trustee, and Lender against claims for bodily injury or death or for damage occurring in, on, about, or resulting from the Mortgaged Property, or any street, drive, sidewalk, curb, or passageway adjacent to it, in standard form and with such insurance company or companies and in an amount of at least Two Million Dollars ($2,000,000) combined single limit, or such greater amount as Lender may require, which insurance shall include completed operations, product liability, and blanket contractual liability coverage that insures contractual liability under the indemnifications set forth in this Deed of Trust and the Loan Documents (but such coverage or its amount shall in no way limit such indemnification).

5.3 Other Insurance. Borrower shall procure and maintain such other insurance or such additional amounts of insurance, covering Borrower or the Mortgaged Property, as (a) may be required by the terms of any construction contract for the Improvements or by any Governmental Authority, (b) may be specified in any other Loan Documents, or (c) may be reasonably required by Lender from time to time.

5.4 Form of Policies. All insurance required under this Section 5 shall be fully paid for and nonassessable. The policies shall contain such provisions, endorsements, and expiration dates as Lender from time to time reasonably requests and shall be in such form and amounts, and be issued by such insurance companies doing business in the State of California, as Lender shall approve in Lender’s sole and absolute discretion. Unless otherwise expressly approved in writing by Lender, each insurer shall have a Best Rating of Class A, Category VII, or better. All policies shall (a) contain a waiver of subrogation endorsement; (b) provide that the policy will not lapse or be canceled, amended, or materially altered (including by reduction in the scope or limits of coverage) without at least thirty (30) days prior written notice to Lender; (c) with the exception of the comprehensive general liability policy, contain a mortgagee’s endorsement (438 BFU Endorsement or equivalent), and name Lender as an additional insured; and (d) include such deductibles as Lender may approve. If a policy required under this Section 5 contains a coinsurance or overage clause, the policy shall include a stipulated value or agreed amount endorsement acceptable to Lender.
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5.5 Duplicate Originals or Certificates. Duplicate original policies evidencing the insurance required under this Section 5 and any additional insurance that may be purchased on the Mortgaged Property by or on behalf of Borrower shall be deposited with and held by Lender and, in addition, Borrower shall deliver to Lender (a) receipts evidencing payment of all premiums on the policies and (b) duplicate original renewal policies or a binder with evidence satisfactory to Lender of payment of all premiums at least thirty (30) days before the policy expires. In lieu of the duplicate original policies to be delivered to Lender under this Section 5.5 Borrower may deliver an underlier of any blanket policy, and Borrower may also deliver original certificates from the issuing insurance company, evidencing that such policies are in full force and effect and containing information that, in Lender’s reasonable judgment, is sufficient to allow Lender to ascertain whether such policies comply with the requirements of this Section 5.

5.6 Increased Coverage. If Lender determines that the limits of any insurance carried by Borrower are inadequate or that additional coverage is required, Borrower shall, within ten (10) days after written notice from Lender, procure such additional coverage as Lender may require in Lender’s reasonable discretion.

5.7 No Separate Insurance. Borrower shall not carry separate or additional insurance concurrent in form or contributing in the event of loss with that required under this Section 5 unless endorsed in favor of Lender as required by this Section 5 and otherwise approved by Lender in all respects.

5.8 Transfer of Title. In the event of foreclosure of this Deed of Trust or other transfer of title or assignment of the Mortgaged Property in extinguishment in lieu of foreclosure, in whole or in part, of the Obligations and the Indebtedness, all right, title, and interest of Borrower in and to all insurance policies required under this Section 5 or otherwise then in force with respect to the Mortgaged Property and all proceeds payable under, and unearned premiums on, such policies shall immediately vest in the purchaser or other transferee of the Mortgaged Property.

5.9 Replacement Cost. For purposes of this Section 5 the term “full insurable value” means the actual cost of replacing the Mortgaged Property in question, without allowance for depreciation, as calculated from time to time (but not more often than once every calendar year) by the insurance company or companies holding such insurance or, at Lender’s request, by appraisal made by an appraiser, engineer, architect, or contractor proposed by Borrower and approved by said insurance company or companies and Lender. Borrower shall pay the cost of such appraisal.

5.10 Approval Not Warranty. No approval by Lender of any insurer may be construed to be a representation, certification, or warranty of its solvency and no approval by Lender as to the amount, type, or form of any insurance may be construed to be a representation, certification, or warranty of its sufficiency.

5.11 Lender’s Right to Obtain. Borrower shall deliver to Lender original policies or certificates evidencing such insurance at least thirty (30) days before the existing policies expire.

If any such policy is not so delivered to Lender or if any such policy is canceled, whether or not Lender has the policy in its possession, and no reinstatement or replacement policy is received 1032
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before termination of insurance, Lender, without notice to or demand on Borrower, may (but is not obligated to) obtain such insurance insuring only Lender with such company as Lender may deem satisfactory, and pay the premium for such policies, and the amount of any premium so paid shall be charged to and promptly paid by Borrower or, at Lender’s option, may be added to the Indebtedness. Borrower acknowledges that, if Lender obtains insurance, it is for the sole benefit of Lender, and Borrower shall not rely on any insurance obtained by Lender to protect Borrower in any way.

5.12 Duty to Restore After Casualty. If any act or occurrence of any kind or nature (including any casualty for which insurance was not obtained or obtainable) results in damage to or loss or destruction of the Mortgaged Property in excess of Fifty Thousand and No/100ths Dollars ($50,000.00), Borrower shall immediately give notice of such loss or damage to Lender and, if Lender so instructs, shall promptly, at Borrower’s sole cost and expense, regardless of whether any insurance proceeds will be sufficient for the purpose, commence and continue diligently to completion to restore, repair, replace, and rebuild the Mortgaged Property as nearly as possible to its value, condition, and character immediately before the damage, loss, or destruction.

6. Condemnation and Insurance Proceeds.

6.1 Assignment to Lender. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of or damage or injury to the Mortgaged Property, or any part of it, or for conveyance in lieu of condemnation, are assigned to and shall be paid to Lender, who shall hold them in a non-interest-bearing general account, regardless of whether Lender’s security is impaired. All causes of action, whether accrued before or after the date of this Deed of Trust, of all types for damages or injury to the Mortgaged Property or any part of it, or in connection with any transaction financed by funds lent to Borrower by Lender and secured by this Deed of Trust, or in connection with or affecting the Mortgaged Property or any part of it, including, without limitation, causes of action arising in tort or contract or in equity, are assigned to Lender as additional security, and the proceeds shall be paid to Lender. Lender, at its option, may appear in and prosecute in its own name any action or proceeding to enforce any such cause of action and may make any compromise or settlement of such action. Borrower shall notify Lender in writing immediately on obtaining knowledge of any casualty damage to the Mortgaged Property or damage in any other manner in excess of One Hundred Thousand Dollars ($100,000) or knowledge of the institution of any proceeding relating to condemnation or other taking of or damage or injury to all or any portion of the Mortgaged Property. Lender, in its sole and absolute discretion, may participate in any such proceedings and may join Borrower in adjusting any loss covered by insurance. Borrower covenants and agrees with Lender, at Lender’s request, to make, execute, and deliver, at Borrower’s expense, any and all assignments and other instruments sufficient for the purpose of assigning the aforesaid award or awards, causes of action, or claims of damages or proceeds to Lender free, clear, and discharged of any and all encumbrances of any kind or nature.

6.2 Insurance Payments. All compensation, awards, proceeds, damages, claims, insurance recoveries, rights of action, and payments that Borrower may receive or to which Lender may become entitled with respect to the Mortgaged Property if any damage or injury occurs to the Mortgaged Property, other than by a partial condemnation or other partial taking of 1033
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the Mortgaged Property, shall be paid over to Lender and shall be applied first toward reimbursement of all costs and expenses of Lender in connection with their recovery and disbursement, and shall then be applied as follows:

6.2.1 Lender shall consent to the application of such payments to the restoration of the Mortgaged Property so damaged only if Borrower has met all the following conditions (a breach of one of which shall constitute a default under this Deed of Trust, the Note, and any Loan Documents): (a) Borrower is not in default under any of the terms, covenants, and conditions of the Loan Documents; (b) all then-existing Leases affected in any way by such damage will continue in full force and effect; (c) Lender is satisfied that the insurance or award proceeds, plus any sums added by Borrower, shall be sufficient to fully restore and rebuild the Mortgaged Property under then current Governmental Requirements; (d) within sixty (60) days after the damage to the Mortgaged Property, Borrower presents to Lender a restoration plan satisfactory to Lender and any local planning department, which includes cost estimates and schedules; (e) construction and completion of restoration and rebuilding of the Mortgaged Property shall be completed in accordance with plans and specifications and drawings submitted to Lender within sixty (60) days after receipt by Lender of the restoration plan and thereafter approved by Lender, which plans, specifications, and drawings shall not be substantially modified, changed, or revised without Lender’s prior written consent; (f) within ninety (90) days after such damage, Borrower and a licensed contractor satisfactory to Lender enter into a fixed price or guaranteed maximum price contract satisfactory to Lender, providing for complete restoration in accordance with such restoration plan for an amount not to exceed the amount of funds held or to be held by Lender; (g) all restoration of the Improvements so damaged or destroyed shall be made with reasonable promptness and shall be of a value at least equal to the value of the Improvements so damaged or destroyed before such damage or destruction; (h) Lender reasonably determines that there is an identified source (whether from income from the Mortgaged Property, rental loss insurance, or another source) sufficient to pay all debt service and operating expenses of the Mortgaged Property during its restoration as required above; and (i) any and all funds that are made available for restoration and rebuilding under this Section 6 shall be disbursed, at Lender’s sole and absolute discretion to Lender, through Lender, the Trustee, or a title insurance or trust company satisfactory to Lender, in accordance with standard construction lending practices, including a reasonable fee payable to Lender from such funds and, if Lender requests, mechanics’ lien waivers and title insurance date-downs, and the provision of payment and performance bonds by Borrower, or in any other manner approved by Lender in Lender’s sole and absolute discretion; or

6.2.2 If fewer than all conditions (a) through (i) in Section 6.2.1 are satisfied, then such payments shall be applied in the sole and absolute discretion of Lender (a) to the payment or prepayment, with any applicable prepayment premium, of any Indebtedness secured by this Deed of Trust in such order as Lender may determine, or (b) to the reimbursement of Borrower’s expenses incurred in the rebuilding and restoration of the Mortgaged Property. If Lender elects under this Section 6.2.2 to make any funds available to restore the Mortgaged Property, then all of conditions (a) through (i) in Section 6.2.1 shall apply, except for such conditions that Lender, in its sole and absolute discretion, may waive.

6.3 Material Loss Not Covered. If any material part of the Mortgaged Property is damaged or destroyed and the loss, measured by the replacement cost of the Improvements 1034
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according to then current Governmental Requirements, is not adequately covered by insurance proceeds collected or in the process of collection, Borrower shall deposit with Lender, within thirty (30) days after Lender’s request, the amount of the loss not so covered.

6.4 Total Condemnation Payments. All compensation, awards, proceeds, damages, claims, insurance recoveries, rights of action, and payments that Borrower may receive or to which Borrower may become entitled with respect to the Mortgaged Property in the event of a total condemnation or other total taking of the Mortgaged Property shall be paid over to Lender and shall be applied first to reimbursement of all Lender’s costs and expenses in connection with their recovery, and shall then be applied to the payment of any Indebtedness secured by this Deed of Trust in such order as Lender may determine, until the Indebtedness secured by this Deed of Trust has been paid and satisfied in full. Any surplus remaining after payment and satisfaction of the Indebtedness secured by this Deed of Trust shall be paid to Borrower as its interest may then appear.

6.5 Partial Condemnation Payments. All compensation, awards, proceeds, damages, claims, insurance recoveries, rights of action, and payments that Borrower may receive or to which Borrower may become entitled with respect to the Mortgaged Property in the event of a partial condemnation or other partial taking of the Mortgaged Property, unless Borrower and Lender otherwise agree in writing, shall be divided into two portions, one equal to the principal balance of the Note at the time of receipt of such funds and the other equal to the amount by which such funds exceed the principal balance of the Note at the time of receipt of such funds.

The first such portion shall be applied to the sums secured by this Deed of Trust, whether or not then due, including but not limited to principal, accrued interest, and advances, and in such order or combination as Lender may determine, with the balance of the funds paid to Borrower.

6.6 No Cure of Waiver of Default. Any application of such amounts or any portion of it to any Indebtedness secured by this Deed of Trust shall not be construed to cure or waive any default or notice of default under this Deed of Trust or invalidate any act done under any such default or notice.

7. Taxes and Other Sums Due. Borrower shall promptly pay, satisfy, and discharge: (a) all Impositions affecting the Mortgaged Property before they become delinquent; (b) such other amounts, chargeable against Borrower or the Mortgaged Property, as Lender reasonably deems necessary to protect and preserve the Mortgaged Property, this Deed of Trust, or Lender’s security for the performance of the Obligations; (c) all encumbrances, charges, and liens on the Mortgaged Property, with interest, which in Lender’s judgment are, or appear to be, prior or superior to the lien of this Deed of Trust or all costs necessary to obtain protection against such lien or charge by title insurance endorsement or surety company bond; (d) such other charges as Lender deems reasonable for services rendered by Lender at Borrower’s request; and (e) all costs, fees, and expenses reasonably incurred by Lender in connection with this Deed of Trust, whether or not specified in this Deed of Trust; provided, however that in all events, Borrower may contest any such amounts if Borrower provides Lender with security satisfactory to Lender, to be held by Lender until such dispute is settled and Borrower settles such dispute prior to any exercise of remedies against the Mortgaged Property.
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On Lender’s request, Borrower shall promptly furnish Lender with all notices of sums due for any amounts specified in the preceding clauses (a) through (e), and, on payment, with written evidence of such payment. If Borrower fails to promptly make any payment required under this Section 7 Lender may (but is not obligated to) make such payment. Borrower shall notify Lender immediately on receipt by Borrower of notice of any increase in the assessed value of the Mortgaged Property and agrees that Lender, in Borrower’s name, may (but is not obligated to) contest by appropriate proceedings such increase in assessment. Borrower shall not allow any lien inferior to the lien of this Deed of Trust to be perfected against the Mortgaged Property and shall not permit any improvement bond for any unpaid special assessment to issue.

8. Leases of Mortgaged Property by Borrower. All Leases of the Mortgaged Property are subject to Lender’s prior review and approval and must be acceptable to Lender in form and content. Each Lease must specifically provide, inter alia, that (a) it is subordinate to the lien of this Deed of Trust; (b) the tenant attorns to Lender (and Borrower consents to any such attornment), such attornment to be effective on Lender’s acquisition of title to the Mortgaged Property; (c) the tenant agrees to execute such further evidence of attornment as Lender may from time to time request; and (d) Lender, at Lender’s option, except as otherwise provided in any non-disturbance and attornment agreements with tenants, may accept or reject such attornment. If Borrower learns that any tenant proposes to do, or is doing, any act that may give rise to any right of setoff against rent, Borrower shall immediately (i) take measures reasonably calculated to prevent the accrual of any such right of setoff; (ii) notify Lender of all measures so taken and of the amount of any setoff claimed by any such tenant; and (iii) within ten (10) days after the accrual of any right of setoff against rent, reimburse any tenant who has acquired such right, in full, or take other measures that will effectively discharge such setoff and ensure that rents subsequently due shall continue to be payable without claim of setoff or deduction.

At Lender’s request following the occurrence of an Event of Default which continues beyond all applicable cure, grace and notice periods, Borrower shall assign to Lender, by written instrument satisfactory to Lender, all Leases of the Mortgaged Property, and all security deposits made by tenants in connection with such Leases. On assignment to Lender of any such Lease, Lender shall succeed to all rights and powers of Borrower with respect to such Lease, and Lender, in Lender’s sole and absolute discretion, shall have the right to modify, extend, or terminate such Lease and to execute other further leases with respect to the Mortgaged Property that is the subject of such assigned Lease.

9. Right to Collect and Receive Rents. Despite any other provision of this Deed of Trust, Lender grants permission to Borrower to collect and retain the Rents of the Mortgaged Property as they become due and payable; however, such permission to Borrower shall be automatically revoked following the occurrence of an Event of Default which continues beyond all applicable cure, grace and notice periods, and Lender shall have the rights set forth in California Civil Code §2938 regardless of whether declaration of default has been delivered to Trustee as provided in Section 21 of this Deed of Trust, and without regard to the adequacy of the security for the Indebtedness secured by this Deed of Trust. Failure of or discontinuance by Lender at any time, or from time to time, to collect any such Rents shall not in any manner affect the subsequent enforcement by Lender at any time, or from time to time, of the right, power, and authority to collect these Rents. The receipt and application by Lender of all such Rents under this Deed of Trust, after execution and delivery of declaration of an Event of Default and demand for sale as 1036
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provided in this Deed of Trust or during the pendency of trustee’s sale proceedings under this Deed of Trust, shall neither cure such breach or default nor affect such sale proceedings, or any sale made under them, but such Rents, less all costs of operation, maintenance, collection, and Attorneys’ Fees, when received by Lender, may be applied in reduction of the entire Indebtedness from time to time secured by this Deed of Trust, in such order as Lender may decide. Nothing in this Deed of Trust, nor the exercise of Lender’s right to collect, nor an assumption by Lender of any tenancy, lease, or option, nor an assumption of liability under, nor a subordination of the lien or charge of this Deed of Trust to, any such tenancy, lease, or option, shall be, or be construed to be, an affirmation by Lender of any tenancy, lease, or option.

If the Rents of the Mortgaged Property are not sufficient to meet the costs, if any, of taking control of and managing the Mortgaged Property and collecting the Rents, any funds expended by Lender for such purposes shall become Indebtedness of Borrower to Lender secured by this Deed of Trust. Unless Lender and Borrower agree in writing to other terms of payment, such amounts shall be payable on notice from Lender to Borrower requesting such payment and shall bear interest from the date of disbursement at the rate stated in the Note unless payment of interest at such rate would be contrary to Governmental Requirements, in which event the amounts shall bear interest at the highest rate that may be collected from Borrower under Governmental Requirements.

Borrower expressly understands and agrees that Lender will have no liability to Borrower or any other person for Lender’s failure or inability to collect Rents from the Mortgaged Property or for failing to collect such Rents in an amount that is equal to the fair market rental value of the Mortgaged Property. Borrower understands and agrees that neither the assignment of Rents to Lender nor the exercise by Lender of any of its rights or remedies under this Deed of Trust shall be deemed to make Lender a “mortgagee-in-possession” or otherwise responsible or liable in any manner with respect to the Mortgaged Property or the use, occupancy, enjoyment, or operation of all or any portion of it, unless and until Lender, in person or by agent, assumes actual possession of it. Nor shall appointment of a receiver for the Mortgaged Property by any court at the request of Lender or by agreement with Borrower, or the entering into possession of the Mortgaged Property or any part of it by such receiver be deemed to make Lender a mortgageein-possession or otherwise responsible or liable in any manner with respect to the Mortgaged Property or the use, occupancy, enjoyment, or operation of all or any portion of it.

During an Event of Default, any and all Rents collected or received by Borrower shall be accepted and held for Lender in trust and shall not be commingled with Borrower’s funds and property, but shall be promptly paid over to Lender.

10. Funds for Taxes and Insurance. If an Event of Default has occurred, then Lender may at any subsequent time, at its option to be exercised on thirty (30) days written notice to Borrower, require Borrower to deposit with Lender or its designee, at the time of each payment of an installment of interest or principal under the Note, an additional amount equal to one-twelfth (1/12) of the amount sufficient to discharge the obligations of Borrower under Sections 5 and 7 of this Deed of Trust as they become due. The calculation of the amount payable and of the fractional part of it to be deposited with Lender shall be made by Lender in its sole and absolute discretion. These amounts shall be held by Lender or its designee not in trust and not as agent of Borrower and shall not bear interest, and shall be applied to the payment of any of the 1037
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Obligations under the Note or any of the other Loan Documents in such order or priority as Lender shall determine. If at any time within thirty (30) days before the due date of these obligations the amounts then on deposit shall be insufficient to pay the obligations under Sections 5 and 7 in full, Borrower shall deposit the amount of the deficiency with Lender within ten (10) days after Lender’s demand. If the amounts deposited are in excess of the actual obligations for which they were deposited, Lender may refund any such excess, or, at its option, may hold the excess in a reserve account, not in trust and not bearing interest, and reduce proportionately the required monthly deposits for the ensuing year. Nothing in this Section 10 shall be deemed to affect any right or remedy of Lender under any other provision of this Deed of Trust or under any statute or rule of law to pay any such amount and to add the amount so paid to the Indebtedness secured by this Deed of Trust. Lender shall have no obligation to pay insurance premiums or taxes except to the extent the fund established under this Section 10 is sufficient to pay such premiums or taxes, to obtain insurance, or to notify Borrower of any matters relative to the insurance or taxes for which the fund is established under this Section 10.

Lender or its designee shall hold all amounts so deposited as additional security for the sums secured by this Deed of Trust. Lender may, in its sole and absolute discretion and without regard to the adequacy of its security under this Deed of Trust, apply such amounts or any portion of it to any Indebtedness secured by this Deed of Trust, and such application shall not be construed to cure or waive any default or notice of default under this Deed of Trust.

If Lender requires deposits to be made under this Section 10 Borrower shall deliver to Lender all tax bills, bond and assessment statements, statements for insurance premiums, and statements for any other obligations referred to above as soon as Borrower receives such documents. If Lender sells or assigns this Deed of Trust, Lender shall have the right to transfer all amounts deposited under this Section 10 to the purchaser or assignee. After such a transfer, Lender shall be relieved and have no further liability under this Deed of Trust for the application of such deposits, and Borrower shall look solely to such purchaser or assignee for such application and for all responsibility relating to such deposits.

11. Assignment of Causes of Action, Awards, and Damages. All causes of action, and all sums due or payable to Borrower for injury or damage to the Mortgaged Property, or as damages incurred in connection with the transactions in which the Loan secured by this Deed of Trust was made, including, without limitation, causes of action and damages for breach of contract, fraud, concealment, construction defects, or other torts, or compensation for any conveyance in lieu of condemnation, are assigned to Lender, and all proceeds from such causes of action and all such sums shall be paid to Lender for credit against the Indebtedness secured by this Deed of Trust.

Borrower shall notify Lender immediately on receipt by Borrower of notice that any such sums have become due or payable and, immediately on receipt of any such sums, shall promptly remit such sums to Lender.

After deducting all expenses, including Attorneys’ Fees, incurred by Lender in recovering or collecting any sums under this Section 11, Lender may apply or release the balance of any funds received by it under this Section 11, or any part of such balance, as it elects.

Lender, at its option, may appear in and prosecute in its own name any action or proceeding to enforce any cause of action assigned to it under this Section 11 and may make any compromise or settlement in such action whatsoever. Borrower covenants that it shall execute and deliver to 1038
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Lender such further assignments of any such compensation awards, damages, or causes of action as Lender may request from time to time. If Lender fails or does not elect to prosecute any such action or proceeding and Borrower elects to do so, Borrower may conduct the action or proceeding at its own expense and risk.

12. Defense of Deed of Trust; Litigation. Borrower shall give Lender immediate written notice of any action or proceeding (including, without limitation, any judicial, whether civil, criminal, or probate, or nonjudicial proceeding to foreclose the lien of a junior or senior mortgage or deed of trust) affecting or purporting to affect the Mortgaged Property, this Deed of Trust, Lender’s security for the performance of the Obligations and payment of the Indebtedness, or the rights or powers of Lender or Trustee under the Note, this Deed of Trust, or any of the other Loan Documents and in excess of Ten Thousand Dollars ($10,000). Despite any other provision of this Deed of Trust, Borrower agrees that Lender or Trustee may (but is not obligated to) commence, appear in, prosecute, defend, compromise, and settle, in Lender’s or Borrower’s name, and as attorney-in-fact for Borrower, and incur necessary costs and expenses, including Attorneys’ Fees in so doing, any action or proceeding, whether a civil, criminal, or probate judicial matter, nonjudicial proceeding, arbitration, or other alternative dispute resolution procedure, reasonably necessary to preserve or protect, or affecting or purporting to affect, the Mortgaged Property, this Deed of Trust, Lender’s security for performance of the Obligations and payment of the Indebtedness, or the rights or powers of Lender or Trustee under the any of the Loan Documents, and that if neither Lender nor Trustee elects to do so, Borrower shall commence, appear in, prosecute, and defend any such action or proceeding. Borrower shall pay all costs and expenses of Lender and Trustee, including costs of evidence of title and Attorneys’ Fees, in any such action or proceeding in which Lender or Trustee may appear or for which legal counsel is sought, whether by virtue of being made a party defendant or otherwise, and whether or not the interest of Lender or Trustee in the Mortgaged Property is directly questioned in such action or proceeding, including, without limitation, any action for the condemnation or partition of all or any portion of the Mortgaged Property and any action brought by Lender to foreclose this Deed of Trust or to enforce any of its terms or provisions.

13. Borrower’s Failure to Comply With Deed of Trust. If Borrower fails to make any payment or do any act required by this Deed of Trust, or if there is any action or proceeding (including, without limitation, any judicial or nonjudicial proceeding to foreclose the lien of a junior or senior mortgage or deed of trust) affecting or purporting to affect the Mortgaged Property, this Deed of Trust, Lender’s security for the performance of the Obligations and payment of the Indebtedness, or the rights or powers of Lender or Trustee under the Note or this Deed of Trust, Lender or Trustee may (but is not obligated to) (a) make any such payment or do any such act in such manner and to such extent as either deems necessary to preserve or protect the Mortgaged Property, this Deed of Trust, or Lender’s security for the performance of Borrower’s Obligations and payment of the Indebtedness, or the rights or powers of Lender or Trustee under any of the Loan Documents, Lender and Trustee being authorized to enter on the Mortgaged Property for any such purpose; and (b) in exercising any such power, pay necessary expenses, retain attorneys, and pay Attorneys’ Fees incurred in connection with such action, without notice to or demand on Borrower and without releasing Borrower from any Obligations or Indebtedness.
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14. Sums Advanced to Bear Interest and to Be Secured by Deed of Trust. At Lender’s request, Borrower shall immediately pay any sums advanced or paid by Lender or Trustee under any provision of the Note, this Deed of Trust or any of the other Loan Documents. Until so repaid, all such sums and all other sums payable to Lender or Trustee shall be added to, and become a part of, the Indebtedness secured by this Deed of Trust and bear interest from the date of advancement or payment by Lender or Trustee at the same rate as provided in the Note, unless payment of interest at such rate would be contrary to Governmental Requirements. All sums advanced by Lender under the Note, this Deed of Trust or any of the other Loan Documents, whether or not required to be advanced by Lender under the terms of the Note, this Deed of Trust or any of the other Loan Documents, shall conclusively be deemed to be mandatory advances required to preserve and protect this Deed of Trust and Lender’s security for the performance of the Obligations and payment of the Indebtedness, and shall be secured by this Deed of Trust to the same extent and with the same priority as the principal and interest payable under the Note.

15. Inspection of Mortgaged Property. In addition to any rights Lender may have under California Civil Code §2929.5, Lender may make, or authorize other persons, including, but not limited to, appraisers and prospective purchasers at any foreclosure sale commenced by Lender, to enter on or inspect the Mortgaged Property at reasonable times and for reasonable durations.

Borrower shall permit all such entries and inspections to be made as long as Lender has given Borrower written notice of such inspection at least twenty-four (24) hours before the entry and inspection.

16. Financial Statements; Estoppel Certificates.

16.1 Borrower’s Financial Statements. No earlier than one hundred twenty (120) days after the end of a Fiscal Year and within ten (10) business days after receipt of Lender’s written request and without expense to Lender, Borrower shall furnish to Lender (a) Borrower’s most recent annual statement of the operation of the Mortgaged Property prepared and certified by Borrower, showing in reasonable detail satisfactory to Lender total Rents received and total expenses together with Borrower’s most recent annual balance sheet and profit and loss statement, and (b) copies of Borrower’s most recent annual state and federal income tax returns.

16.2 Recordkeeping. Borrower shall keep adequate records and books of account in accordance with generally accepted accounting principles and practices or such other accounting method acceptable to Lender in its reasonable discretion and shall permit Lender, by its agents, accountants, and attorneys, to examine Borrower’s records and books of account and to discuss the affairs, finances, and accounts of Borrower with the officers of Borrower, at such reasonable times as Lender may request. Borrower shall allow Lender, its representatives and agents, on notice, at any time during normal business hours, access to such books and records regarding acquisition, construction, and development of the Mortgaged Property, including any supporting or related vouchers or papers, shall allow Lender to make extracts or copies of any such papers, and shall furnish to Lender and its agents convenient facilities for the audit of any such statements, books, and records.

16.3 Estoppel Certificates. Within ten (10) days after Lender’s request for such information, Borrower shall execute and deliver to Lender, and to any third party designated by Lender, in recordable form, a certificate of the principal financial or accounting officer of 1040
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Borrower reciting that the Loan Documents are unmodified and in full force and effect, or that the Loan Documents are in full force and effect as modified and specifying all modifications asserted by Borrower. Such certificate shall also recite the amount of the Indebtedness and cover other matters with respect to the Indebtedness or Obligations as Lender may reasonably require, the date(s) through which payments due on the Indebtedness have been paid and the amount(s) of any payments previously made on the Indebtedness. The certificate shall include a detailed statement of any right of setoff, counterclaim, or other defense that Borrower contends exists against the Indebtedness or the Obligations; a statement that such person knows of no Event of Default or prospective Event of Default that has occurred and is continuing, or, if any Event of Default or prospective Event of Default has occurred and is continuing, a statement specifying the nature and period of its existence and what action Borrower has taken or proposes to take with respect to such matter; and, except as otherwise specified, a statement that Borrower has fulfilled all Obligations that are required to be fulfilled on or before the date of such certificate.

16.4 Failure to Deliver Estoppel Certificate. If Borrower fails to execute and deliver the certificate required by Section 16.3 within such ten (10) day period, (a) the Loan Documents shall, as to Borrower, conclusively be deemed to be either in full force and effect, without modification, or in full force and effect, modified in the manner and to the extent specified by Lender, whichever Lender reasonably and in good faith may represent; (b) the Indebtedness shall, as to Borrower, conclusively be deemed to be in the amount specified by Lender and no setoffs, counterclaims, or other defenses exist against the Indebtedness; and (c) Borrower shall conclusively be deemed to have irrevocably constituted and appointed Lender as Borrower’s special attorney-in-fact to execute and deliver such certificate to any third party.

16.5 Reliance on Estoppel Certificate. Borrower and Lender expressly agree that any certificate executed and delivered by Borrower, or any representation in lieu of a certificate made by Lender under Section 16.3, may be relied on by any prospective purchaser or any prospective assignee of any interest of Lender in the Note and other Indebtedness secured by this Deed of Trust or in the Mortgaged Property, and by any other person, without independent investigation or examination, to verify the accuracy, reasonableness, or good faith of the recitals in the certificate or representation.

16.6 No Waiver of Default or Rights. Lender’s exercise of any right or remedy provided under this Deed of Trust shall not constitute a waiver of, or operate to cure, any default by Borrower under this Deed of Trust, or preclude any other right or remedy that is otherwise available to Lender under this Deed of Trust or Governmental Requirements.

17. Uniform Commercial Code Security Agreement. This Deed of Trust is intended to be and shall constitute a security agreement under the California Uniform Commercial Code for any Personalty constituting a part of the Mortgaged Property that, under Governmental Requirements, may be subject to a security interest under the California Uniform Commercial Code, and Borrower grants to Lender a security interest in those items. Borrower authorizes Lender to file financing statements in all states, counties, and other jurisdictions as Lender may elect, without Borrower’s signature if permitted by law. Borrower agrees that Lender may file this Deed of Trust, or a copy of it, in the real estate records or other appropriate index or in the Office of the Secretary of State of the State of California and such other states as the Lender may elect, as a financing statement for any of the items specified above as part of the Mortgaged 1041
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Property. Any reproduction of this Deed of Trust or executed duplicate original of this Deed of Trust, or a copy certified by a County Recorder in the State of California, or of any other security agreement or financing statement, shall be sufficient as a financing statement. In addition, Borrower agrees to execute and deliver to Lender, at Lender’s request, any UCC financing statements, as well as any extensions, renewals, and amendments, and copies of this Deed of Trust in such form as Lender may require to perfect a security interest with respect to any Personalty constituting a part of the Mortgaged Property. Borrower shall pay all costs of filing such financing statements and any extensions, renewals, amendments, and releases of such statements, and shall pay all reasonable costs and expenses of any record searches for financing statements that Lender may reasonably require. Without the prior written consent of Lender, Borrower shall not create or suffer to be created any other security interest in the items, including any replacements and additions.

On any Event of Default which continues beyond all applicable grace, notice and cure periods, Lender shall have the remedies of a secured party under the California Uniform Commercial Code and, at Lender’s option, may also invoke the remedies in Section 21 of this Deed of Trust as to such items. In exercising any of these remedies, Lender may proceed against the items of Mortgaged Property and any items of Personalty constituting a part of the Mortgaged Property separately or together and in any order whatsoever, without in any way affecting the availability of Lender’s remedies under the California Uniform Commercial Code or of the remedies in Section 21 of this Deed of Trust.

18. Fixture Filing. This Deed of Trust constitutes a financing statement filed as a fixture filing under California Commercial Code §9502(c), as amended or recodified from time to time, covering any portion of the Mortgaged Property that now is or later may become a fixture attached to the Mortgaged Property or to any Improvement. Borrower’s organizational identification number in the State of Delaware is 5352876.

19. Waiver of Statute of Limitations. Borrower waives the right to assert any statute of limitations as a defense to the Note, this Deed of Trust or any of the other Loan Documents and the Obligations secured by this Deed of Trust, to the fullest extent permitted by Governmental Requirements.

20. Events of Default. The term “Event of Default” as used in this Deed of Trust means the occurrence or happening, at any time and from time to time, of any one or more of the following:

20.1 Payment of Indebtedness. Borrower fails to pay any installment of interest and/or principal under the Note or any other Indebtedness when due and such failure continues for more than five (5) days after City notifies Borrower in writing, whether on maturity, the date stipulated in any Loan Document, by acceleration, or otherwise.

20.2 Performance of Obligations. The failure, refusal, or neglect to perform and discharge fully and timely any of the Obligations as and when required, and the continuance of such failure for thirty (30) days after Lender gives written notice of such failure to Borrower, provided, however, that if the cure of any such failure cannot reasonably be made within thirty (30) days and Borrower promptly and diligently commences to cure such failure within thirty (30) days, then the period to cure shall be deemed extended for up to an additional sixty (60) 1042
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days after Lender’s default notice as long as Borrower diligently and continuously proceeds to cure such failure to Lender’s satisfaction.

20.3 Judgment. If any final judgment, order, or decree is rendered against Borrower in such amount as to materially adversely affect Borrower’s ability to satisfy the Obligations and is not paid or executed on, or is not stayed by perfection of an appeal or other appropriate action, such as being bonded, or is not otherwise satisfied or disposed of to Lender’s satisfaction within sixty (60) days after entry of the judgment, order, or decree.

20.4 Voluntary Bankruptcy. If Borrower (a) seeks entry of an order for relief as a debtor in a proceeding under the United States Bankruptcy Code, 11 U.S.C. Section 101 et seq., as amended from time to time (“Bankruptcy Code”); (b) seeks, consents to, or does not contest the appointment of a receiver or trustee for itself or for all or any part of its property; (c) files a petition seeking relief under the bankruptcy, arrangement, reorganization, or other debtor relief laws of the United States or any state or any other competent jurisdiction; (d) makes a general assignment for the benefit of its creditors; or (e) states in writing its inability to pay its debts as they mature.

20.5 Involuntary Bankruptcy. If (a) a petition is filed against Borrower seeking relief under any bankruptcy, arrangement, reorganization, or other debtor relief laws of the United States or any state or other competent jurisdiction; or (b) a court of competent jurisdiction enters an order, judgment, or decree appointing, without the consent of Borrower, a receiver or trustee for it, or for all or any part of its property; and (c) in any event, such petition, order, judgment, or decree is not discharged or stayed within sixty (60) days after its entry.

20.6 Foreclosure of Other Liens. If the holder of any lien or security interest on the Mortgaged Property (without implying Lender’s consent to the existence, placing, creating, or permitting of any lien or security interest) institutes foreclosure or other proceedings to enforce its remedies thereunder and any such proceedings are not stayed or discharged within sixty (60) days after institution of such foreclosure proceedings.

20.7 Sale, Lease, Encumbrance, or Other Transfer. Except as permitted herein, any sale, lease, exchange, assignment, conveyance, encumbrance (other than a Permitted Encumbrance), transfer of possession, or other disposition of all or any portion of the Land or Improvements or any of Borrower’s interest in the Land or Improvement without Lender’s prior written consent, or, except as provided herein, any sale, lease, exchange, assignment, conveyance, encumbrance (other than a Permitted Encumbrance), or other disposition of any portion of the Personalty constituting a part of the Mortgaged Property, without Lender’s prior written consent.

20.8 Title and Lien Priority. If Borrower’s title to any or all of the Mortgaged Property or the status of this Deed of Trust as a first and prior lien and security interest on the Mortgaged Property is endangered in any manner, and Borrower fails to cure the same on Lender’s demand; provided, however, that Borrower shall not be in default under this Section 20 if Borrower is diligently pursuing a contest or cure of such title or lien issue and Borrower has posted adequate security to protect Lender’s rights, interest, and priority under this Deed of Trust, as determined by Lender.
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20.9 Other Defaults. The occurrence of an Event of Default or any default, as defined or described in Note or any of the other Loan Documents, or the occurrence of a default on any Indebtedness or Obligations, beyond all applicable cure periods.

20.10 Levy on Assets. A levy on any of the assets of Borrower, and such levy is not stayed or abated within sixty (60) days after such levy.

20.11 Breach of Representations. The breach of any representation or warranty in this Deed of Trust when made.

20.12 Violation of Single Purpose Entity Requirements. The violation of any of the Single Purpose Entity Requirements set forth in Exhibit A of the Note.

20.13 Default Under Other Deeds of Trust, Security Instruments, or Liens. The failure to pay on a timely basis, or the occurrence of any other default under any note, deed of trust, contract of sale, lien, charge, encumbrance, or security interest encumbering or affecting the Mortgaged Property, which default gives rise to rights and remedies on behalf of such other party thereto.

20.14 Borrower’s Right to Cure. If for more than thirty (30) days after receipt of notice from Lender, Borrower remains in default under any term, covenant, or condition of this Deed of Trust, the Note or any of the other Loan Documents other than as specified in this Section 20; provided, however, that if the cure of any such default cannot reasonably be made within thirty (30) days and Borrower promptly and diligently commences to cure such default within thirty (30) days, then the period to cure shall be deemed extended for up to an additional sixty (60) days after Lender’s default notice as long as Borrower diligently and continuously proceeds to cure such default to Lender’s satisfaction.

21. Acceleration on Transfer or Encumbrance.

21.1 Acceleration on Transfer or Encumbrance of Mortgaged Property. Except as provided in Section 29 or otherwise as provided herein, if Borrower sells, contracts to sell, gives an option to purchase, conveys, leases with an option to purchase, encumbers, or alienates the Mortgaged Property, or any interest in it, or suffers its title to, or any interest in, the Mortgaged Property to be divested, whether voluntarily or involuntarily; or if there is a sale or transfer of beneficial interests in Borrower equal to forty nine percent (49%) or more of the beneficial ownership interests of Borrower outstanding at the date of this Deed of Trust other than transfers among existing members of Borrower; or if Borrower changes or permits to be changed the character or use of the Mortgaged Property, or drills or extracts or enters into any lease for the drilling or extracting of oil, gas, or other hydrocarbon substances or any mineral of any kind or character on the Mortgaged Property; or if title to such Mortgaged Property becomes subject to any lien or charge, voluntary or involuntary, contractual or statutory, without Lender’s prior written consent, which consent shall not be unreasonably withheld, delayed or conditioned, then Lender, at Lender’s option, may, without prior notice, declare all sums secured by this Deed of Trust, regardless of their stated due date(s), immediately due and payable and may exercise all rights and remedies in this Deed of Trust, including those set forth in Section 22. 1044
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21.2 Replacement Personalty. Despite the provisions of Section 21.1, Borrower may from time to time replace any Personalty constituting a part of the Mortgaged Property, as long as (a) the replacements for such Personalty are of equivalent value and quality or such Personalty is obsolete; (b) Borrower has good and clear title to such replacement Personalty free and clear of any and all liens, encumbrances, security interests, ownership interests, claims of title (contingent or otherwise), or charges of any kind, or the rights of any conditional sellers, vendors, or any other third parties in or to such replacement Personalty have been expressly subordinated to the lien of the Deed of Trust in a manner satisfactory to Lender and at no cost to Lender; and (c) at Lender’s option, Borrower provides at no cost to Lender satisfactory evidence that the Deed of Trust constitutes a valid and subsisting lien on and security interest in such replacement Personalty of the same priority as this Deed of Trust has on the Mortgaged Property and is not subject to being subordinated or its priority affected under any Governmental Requirements, including §9334 of the California Commercial Code.

21.3 Subordinate Construction Financing. Notwithstanding the foregoing, Lender shall consent to an encumbrance of the Mortgaged Property in favor of a bank or other institutional lender entered into in connection with any financing of construction of the Project (“Construction Lender”) so long as (a) Lender’s interest in the Mortgaged Property shall at all times remain a first priority lien in the Mortgaged Property, (b) Lender and Construction Lender shall enter into an inter-creditor or other agreement that shall be reasonably satisfactory to Lender, (c) Lender’s title insurer is prepared to issue an endorsement, at Lender’s expense, to Lender’s title insurance confirming that this Deed of Trust remains a first position deed of trust on the Mortgaged Property, and (d) Borrower shall pay all reasonable out of pocket expenses, including attorneys’ fees, incurred by Lender in connection with such construction financing.

22. Acceleration and Sale on Default. If an Event of Default occurs, Lender, at its option, in addition to other remedies provided at law, may declare all sums secured by this Deed of Trust immediately due and payable by delivering to Trustee a written affidavit or declaration of default and demand for sale, executed by Lender and reciting facts demonstrating such default by Borrower, together with a written notice of default and election to sell the Mortgaged Property.

Lender shall also deposit with Trustee the Note, this Deed of Trust, and documents evidencing any additional advances or expenditures secured by this Deed of Trust. On receipt by Trustee of such affidavit or declaration of default and such notice of default and election to sell, Trustee shall accept such election to sell as true and conclusive of all facts and statements in such affidavit or declaration of default and shall cause such notice of default and election to sell to be recorded as required by Governmental Requirements. On the expiration of such period as may then be required by Governmental Requirements following recordation of such notice of default, and after notice of sale has been given in the manner and for the period required by Governmental Requirement, Trustee, without demand on Borrower, shall sell the Mortgaged Property at the time and place fixed in such notice of sale, either in whole or in separate parcels, and in such order as Trustee may determine or Lender may direct (Borrower waives any right it may have under Governmental Requirements to direct the order of sale), at public auction to the highest bidder for cash in lawful money of the United States, payable at the time of sale; provided, however, that Lender may offset its bid at such sale to the extent of the full amount owed to Lender under the Loan Documents, including, without limitation, Trustee’s fees, expenses of sale, and costs, expenses, and Attorneys’ Fees incurred by or on behalf of Lender in connection with collecting, litigating, or otherwise enforcing any right under the Loan 1045
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Documents. Trustee may postpone the sale of all or any portion of the Mortgaged Property by public announcement made at the initial time and place of sale, and from time to time later by public announcement made at the time and place of sale fixed by the preceding postponement.

Trustee shall deliver to the purchaser at such public auction its deed conveying the Mortgaged Property sold, but without any covenant or warranty, express or implied. The recital in such deed of any matter of fact concerning notices shall be conclusive proof of its truthfulness. Any person, including Borrower, Trustee, or Lender, may purchase at such sale.

The proceeds or avails of any sale made under or by virtue of this Deed of Trust, together with any other sums secured by this Deed of Trust, which then may be held by the Trustee or Lender or any other person, shall be applied as follows:

FIRST: To the payment of the costs and expenses of such sale, including Trustee’s fees, costs of title evidence, Attorneys’ Fees, and reasonable compensation to Lender and its agents and consultants, and of any judicial proceedings in which the same costs and expenses of sale may be made, and of all expenses, liabilities, and advances made or incurred by the Trustee or Lender under this Deed of Trust, together with interest at the rate set forth in the Note on all advances made by the Trustee or Lender and all taxes or assessments, except any taxes, assessments, or other charges subject to which the Mortgaged Property was sold.

SECOND: To the payment of the whole amount then due, owing, or unpaid on the Note for interest and principal, with interest on the unpaid principal at the Default Rate (as defined in the Note), from the due date of any such payment of principal until the same is paid.

THIRD: To the payment of any other Indebtedness required to be paid by Borrower under any provision of this Deed of Trust, the Note, or any of the other Loan Documents.

FOURTH: To the payment of the surplus, if any, to whomsoever may be lawfully entitled to receive it.

23. Obligation to Notify Lender of Bankruptcy, Insolvency, Transfer, or Encumbrance.

Borrower shall notify Lender in writing, at or before the time of the occurrence of any event described in Sections 20 and 21 of this Deed of Trust, of such event and shall promptly furnish Lender with any and all information on such event that Lender may request.

24. Waiver of Marshaling. Despite the existence of interests in the Mortgaged Property other than that created by this Deed of Trust, and despite any other provision of this Deed of Trust, if Borrower defaults in paying the Indebtedness or in performing any Obligations, Lender shall have the right, in Lender’s sole and absolute discretion, to establish the order in which the Mortgaged Property will be subjected to the remedies provided in this Deed of Trust and to establish the order in which all or any part of the Indebtedness secured by this Deed of Trust is satisfied from the proceeds realized on the exercise of the remedies provided in this Deed of Trust. Borrower and any person who now has or later acquires any interest in the Mortgaged Property with actual or constructive notice of this Deed of Trust waives any and all rights to require a marshaling of assets in connection with the exercise of any of the remedies provided in this Deed of Trust or otherwise provided by Governmental Requirements. 1046
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25. Environmental Matters.

25.1 Borrower’s Representations and Warranties. Borrower represents and warrants to Lender that:

25.1.1 Borrower has conducted an inquiry into previous uses and ownership of the Mortgaged Property, and, except as disclosed to Lender, after such inquiry has determined that to the best of Borrower’s knowledge, (i) no Hazardous Materials have been stored at, disposed of, transported to, handled, or released on or at the Mortgaged Property, (ii) nor is any part of the Mortgaged Property affected by any Hazardous Materials contamination.

25.1.2 To the best of Borrower’s knowledge, no investigation, administrative order, consent order or agreement, litigation, or settlement with respect to Hazardous Materials or Hazardous Materials contamination is proposed, threatened, anticipated, or in existence regarding the Mortgaged Property.

25.1.3 Borrower has not received any written notice from any Governmental Authority regarding any violation of any Environmental Laws.

25.1.4 The use that Borrower makes and intends to make of the Mortgaged Property shall not result in the disposal or release of any Hazardous Materials on, in, or to the Mortgaged Property except in the ordinary course of construction and business at the Mortgaged Property and in compliance with Environmental Laws.

25.1.5 Borrower shall not cause any violation of any Environmental Laws, nor permit any tenant of any portion of the Mortgaged Property to cause such a violation, nor permit any environmental liens to be placed on any portion of the Mortgaged Property.

25.1.6 Borrower shall not, and shall not permit or cause any third party to, use, generate, manufacture, store, release, discharge, or dispose of any Hazardous Materials on, under, or about the Mortgaged Property, or transport any Hazardous Materials to or from the Mortgaged Property, other than Hazardous Materials used in the course of construction and in the ordinary course of business and in compliance with Environmental Laws.

25.2 Survival of Representations and Warranties. The foregoing representations and warranties shall be continuing and shall be true and correct for the period from the date of this instrument to the release of this Deed of Trust (whether by payment of the Indebtedness secured by this Deed of Trust or foreclosure or action in lieu of foreclosure), and these representations and warranties shall survive such release.

25.3 Notice to Lender. Borrower shall give prompt written notice to Lender of:

25.3.1 Any proceeding or inquiry by any Governmental Authority (including, without limitation, the California State Department of Health Services) regarding the presence or threatened presence of any Hazardous Materials on the Mortgaged Property;

25.3.2 All claims made or threatened by any third party against Borrower or the Mortgaged Property relating to any loss or injury resulting from any Hazardous Materials; 1047
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25.3.3 Any notice given to Borrower under California Civil Code §851(b); and

25.3.4 Borrower’s discovery of any occurrence or condition on any real property adjoining or in the vicinity of the Mortgaged Property that could cause it or any part of it to be subject to any restrictions on the ownership, occupancy, transferability, or use of the Mortgaged Property under any Environmental Laws.

25.4 Lender’s Right to Join Legal Actions. Lender shall have the right, at its option, but at Borrower’s sole cost and expense, to join and participate in, as a party if it so elects, any legal proceedings or actions initiated by or against Borrower or the Mortgaged Property in connection with any Environmental Laws.

25.5 Borrower’s Indemnity. Borrower shall indemnify, defend, and hold harmless Lender, its elected and appointed officials, officers, employees, agents, successors, and assigns from and against any loss, damage, cost, expense, or liability directly or indirectly arising from or attributable to the use, generation, manufacture, production, storage, release, threatened release, discharge, disposal, or presence of Hazardous Materials on, under, or about the Mortgaged Property, or any order, consent decree, or settlement relating to the cleanup of Hazardous Materials, or any claims of loss, damage, liability, expense, or injury relating to or arising from, directly or indirectly, any disclosure by Lender to anyone of information, whether true or not, relative to Hazardous Materials or an Environmental Law violation, including, without limitation, Attorneys’ Fees. This indemnity shall survive the release of this Deed of Trust (whether by payment of the Indebtedness secured by this Deed of Trust or foreclosure or action in lieu of foreclosure), provided, however, Borrower shall have no obligations hereunder to the extent of any Hazardous Materials first introduced at the Mortgaged Property from and after a foreclosure or other transfer of the Mortgaged Property.

26. Trustee. The Trustee shall be deemed to have accepted the terms of this trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law.

The Trustee shall not be obligated to notify any party to this Deed of Trust of any pending sale under any other deed of trust or of any action or proceeding in which Borrower, Lender, or Trustee is a party, unless such sale relates to or reasonably might affect the Mortgaged Property, this Deed of Trust, Lender’s security for the payment of the Indebtedness and the performance of the Obligations, or the rights or powers of Lender or Trustee under the Loan Documents, or unless such action or proceeding has been instituted by Trustee against the Mortgaged Property, Borrower, or Lender.

27. Power of Trustee to Reconvey or Consent. At any time, without liability and without notice to Borrower, on Lender’s written request and presentation of the Note and this Deed of Trust to Trustee for endorsement, and without altering or affecting (a) the personal liability of Borrower or any other person for the payment of the Indebtedness secured by this Deed of Trust, or (b) the lien of this Deed of Trust on the remainder of the Mortgaged Property as security for the repayment of the full amount of the Indebtedness then or later secured by this Deed of Trust, (c) or any right or power of Lender or Trustee with respect to the remainder of the Mortgaged Property, Trustee may (i) reconvey or release any part of the Mortgaged Property from the lien of this Deed of Trust; (ii) approve the preparation or filing of any map or plat of the Mortgaged Property; (iii) join in the granting of any easement burdening the Mortgaged Property; or (iv) 1048
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enter into any extension or subordination agreement affecting the Mortgaged Property or the lien of this Deed of Trust.

28. Duty to Reconvey. On Lender’s written request reciting that all sums secured hereby have been paid, surrender of the Note and this Deed of Trust to Trustee for cancellation and retention by Trustee, and payment by Borrower of any reconveyance fees customarily charged by Trustee, Trustee shall reconvey, without warranty, the Mortgaged Property then held by Trustee under this Deed of Trust. The recitals in such reconveyance of any matters of fact shall be conclusive proof of their truthfulness. The grantee in such reconveyance may be described as “the person or persons legally entitled to the Mortgaged Property.” Such request and reconveyance shall operate as a reassignment of the Rents assigned to Lender in this Deed of Trust.

29. Partial Releases. Provided that all of the conditions set forth in this Section 29 have been satisfied, notwithstanding the provisions of Section 21, upon Borrower’s written request, Lender agrees to cause the Trustee to prepare, execute, and record a partial release and reconveyance of the lien of this Deed of Trust with respect to one or more parcels comprising the Land described in Attachment A that Borrower intends to sell or otherwise convey to third parties. All of the following conditions must be satisfied prior to the execution and recordation of any such partial release and reconveyance:

29.1 No Current Default. At the time of the request, Borrower is not in default under the Note or the Deed of Trust in the payment of principal, interest, loan costs, or fees, or in the performance of any of the terms, conditions, or covenants of the Note, the Deed of Trust, or any other Loan Document.

29.2 No Future Default. No event has occurred that after notice, passage of time, or both, shall constitute a default under the Note, the Deed of Trust, or any other Loan Document.

29.3 Payment of Consideration. Borrower shall have paid to Lender the consideration for the requested partial release and reconveyance in the amount of the Release Price as set forth in Exhibit B to the Note.

29.4 Remaining Property Secured. All Mortgaged Property and any Personalty constituting a part of the Mortgaged Property providing security for the payment of the Note and other Indebtedness described in this Deed of Trust, (other than portions of the Mortgaged Property security, if any, previously reconveyed and portions of the Mortgaged Property that may be released as provided in this Section 29), is still and shall remain subject to the lien of this Deed of Trust.

29.5 Access. No portion of the Mortgaged Property shall be released from the lien of this Deed of Trust if such release will prevent Lender’s means of ingress and egress to the Mortgaged Property not yet released unless Borrower provides Lender with an easement providing access to the unreleased Mortgaged Property, or the Mortgaged Property to be released contains streets or roads dedicated to public use that would allow Lender access to Mortgaged Property not yet released.
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29.6 Lender’s Fees and Costs. Borrower shall have paid all costs and expenses reasonably incurred in connection with the reconveyance, including without limitation, trustee’s fees, recording fees, escrow fees, Attorneys’ Fees incurred by Lender, and the cost of any appraisal conducted pursuant to Section 29.3.

29.7 Title Endorsements. Lender shall receive, at Lender’s expense, a CLTA Endorsement No. 111 to Lender’s title insurance policy obtained upon the making of the Loan and the recordation of this Deed of Trust, and any other title endorsements reasonably required by Lender.

29.8 Other Documents. Borrower shall cause to be executed and recorded a reciprocal easement agreement, declaration of covenants, conditions, and restrictions, or other agreement that will burden the portion of the Mortgaged Property to be reconveyed with rights of access, ingress, and egress, in favor of the remainder of the Mortgaged Property, in form and content approved by Lender.

29.9 Legal Subdivision. Lender acknowledges and agrees that the Mortgaged Property conveyed by Lender to Borrower pursuant to the acquisition described in Section 1 hereof consisted of lawful parcels under the Subdivision Map Act of the State of California and all applicable local ordinances. The portion of the Mortgaged Property to be reconveyed by Borrower and the remainder of the Mortgaged Property shall each be comprised of either (i) the same parcels originally conveyed to Borrower by Lender, or (ii) lawful parcels under the Subdivision Map Act of the State of California and all applicable local ordinances.

30. Substitution of Trustee. Lender, at Lender’s option, may from time to time, by written instrument, substitute a successor or successors to any Trustee named in or acting under this Deed of Trust, which instrument, when executed and acknowledged by Lender and recorded in the office of the Recorder of the county or counties in which the Mortgaged Property is located, shall constitute conclusive proof of the proper substitution of such successor Trustee or Trustees, who shall, without conveyance from the predecessor Trustee, succeed to all right, title, estate, powers, and duties of such predecessor Trustee, including, without limitation, the power to reconvey the Mortgaged Property. To be effective, the instrument must contain the names of the original Borrower, Trustee, and Lender under this Deed of Trust, the book and page or instrument or document number at which, and the county or counties in which, this Deed of Trust is recorded, and the name and address of the substitute Trustee. If any notice of default has been recorded under this Deed of Trust, this power of substitution cannot be exercised until all costs, fees, and expenses of the then acting Trustee have been paid. On such payment, the then acting Trustee shall endorse receipt of the payment on the instrument of substitution. The procedure provided in this Section 30 for substitution of Trustees is not exclusive of other provisions for substitution provided by Governmental Requirements.

31. No Waiver by Lender. No waiver by Lender of any right or remedy provided by the Loan Documents or Governmental Requirements shall be effective unless such waiver is in writing and signed by the City Manager. Waiver by Lender of any right or remedy granted to Lender under the Loan Documents or Governmental Requirements as to any transaction or occurrence shall not be deemed a waiver of any future transaction or occurrence. The acceptance of payment of any sum secured by this Deed of Trust after its due date, or the payment by Lender 1050
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of any Indebtedness or the performance by Lender of any Obligations of Borrower under the Loan Documents, on Borrower’s failure to do so, or the addition of any payment so made by Lender to the Indebtedness secured by this Deed of Trust, or the exercise of Lender’s right to enter the Mortgaged Property and receive and collect the Rents from it, or the assertion by Lender of any other right or remedy under the Loan Documents, shall not constitute a waiver of Lender’s right to require prompt performance of all other Obligations of Borrower under the Loan Documents and payment of the Indebtedness, or to exercise any other right or remedy under the Loan Documents for any failure by Borrower to timely and fully pay the Indebtedness and perform its Obligations under the Loan Documents. Lender may waive any right or remedy under the Loan Documents or Governmental Requirements without notice to or consent from Borrower, any guarantor of the Indebtedness and of Borrower’s Obligations under the Loan Documents, or any holder or claimant of a lien or other interest in the Mortgaged Property that is junior to the lien of this Deed of Trust, and without incurring liability to Borrower or any other person by so doing.

32. Consents and Modifications; Borrower and Lien Not Released. Despite Borrower’s default in the payment of any Indebtedness secured by this Deed of Trust or in the performance of any Obligations under this Deed of Trust or Borrower’s breach of any obligation, covenant, or agreement in the Loan Documents, Lender, at Lender’s option, without notice to or consent from Borrower, any guarantor of the Indebtedness and of Borrower’s Obligations under the Loan Documents, or any holder or claimant of a lien or interest in the Mortgaged Property that is junior to the lien of this Deed of Trust, and without incurring liability to Borrower or any other person by so doing, may from time to time (a) extend the time for payment of all or any portion of Borrower’s Indebtedness under the Loan Documents; (b) accept a renewal note or notes, or release any person from liability, for all or any portion of such Indebtedness; (c) agree with Borrower to modify the terms and conditions of payment under the Loan Documents; (d) reduce the amount of the monthly installments due under Section 10 of this Deed of Trust; (e) reconvey or release other or additional security for the repayment of Borrower’s Indebtedness under the Loan Documents; (f) approve the preparation or filing of any map or plat with respect to the Mortgaged Property; (g) enter into any extension or subordination agreement affecting the Mortgaged Property or the lien of this Deed of Trust; and (h) agree with Borrower to modify the term, the rate of interest, or the period of amortization of the Note or alter the amount of the monthly installments payable under the Note. No action taken by Lender under this Section 32 shall be effective unless it is in writing, subscribed by Lender, and, except as expressly stated in such writing, no such action will impair or affect (i) Borrower’s obligation to pay the Indebtedness secured by this Deed of Trust and to observe all Obligations of Borrower contained in the Loan Documents; (ii) the guaranty of any Person of the payment of the Indebtedness secured by this Deed of Trust; or (iii) the lien or priority of the lien of this Deed of Trust. At Lender’s request, Borrower shall promptly pay Lender a reasonable service charge, together with all insurance premiums and Attorneys’ Fees as Lender may have advanced, for any action taken by Lender under this Section 32.

Whenever Lender’s consent or approval is specified as a condition of any provision of this Deed of Trust, such consent or approval shall not be effective unless such consent or approval is in writing, signed by the City Manager.
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33. Waiver of Right of Offset. No portion of the Indebtedness secured by this Deed of Trust shall be or be deemed to be offset or compensated by all or any part of any claim, cause of action, counterclaim, or cross-claim, whether liquidated or unliquidated, that Borrower may have or claim to have against Lender. Borrower hereby waives, to the fullest extent permitted by Governmental Requirements, the benefits of California Code of Civil Procedure §431.70, which provides:

Where cross-demands for money have existed between persons at any point in time when neither demand was barred by the statute of limitations, and an action is thereafter commenced by one such person, the other person may assert in the answer the defense of payment in that the two demands are compensated so far as they equal each other, notwithstanding that an independent action asserting the person’s claim would at the time of filing the answer be barred by the statute of limitations. If the cross-demand would otherwise be barred by the statute of limitations, the relief accorded under this section shall not exceed the value of the relief granted to the other party. The defense provided by this section is not available if the cross-demand is barred for failure to assert it in a prior action under Section 426.30. Neither person can be deprived of the benefits of this section by the assignment or death of the other. For the purposes of this section, a money judgment is a “demand for money” and, as applied to a money judgment, the demand is barred by the statute of limitations when enforcement of the judgment is barred under Chapter 3 (commencing with Section 683.010) of Division 1 of Title 9.

34. Future Advances. On request by Borrower, Lender, at Lender’s option, may make future advances to Borrower. All such future advances, with interest, shall be added to and become a part of the Indebtedness secured by this Deed of Trust when evidenced by promissory note(s) reciting that such note(s) are secured by this Deed of Trust.

35. Intentionally omitted.

36. Additional Borrower Representations and Covenants. To induce Lender to enter into this Deed of Trust, the Note, and the other Loan Documents and to make the Loan, Borrower makes the following representations and warranties, which are deemed made as of both the date and the recordation of this Deed of Trust:

36.1 Capacity. Borrower and the individuals executing Loan Documents on Borrower’s behalf have the full power, authority, and legal right to execute and deliver, and to perform and observe the provisions of this Deed of Trust, the Note, the other Loan Documents, and any other document, agreement, certificate, or instrument executed in connection with the Loan, and to carry out the contemplated transactions.

36.2 Authority and Enforceability. Borrower’s execution, delivery, and performance of this Deed of Trust, the Note, the other Loan Documents, and any other document, agreement, certificate, or instrument executed in connection with the Loan have been duly authorized by all 1052
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necessary corporate or other business entity action and do not and shall not require any registration with, consent, or approval of, notice to, or any action by any Person or Governmental Authority. Borrower has obtained or will obtain on or before the recordation of this Deed of Trust all necessary Governmental Authority and other approvals necessary for Borrower to comply with the Loan Documents. This Deed of Trust, the Note, and the other Loan Documents executed in connection with the Loan, when executed and delivered by Borrower, shall constitute the legal, valid, binding, and joint and several obligations of Borrower enforceable in accordance with their respective terms.

36.3 Compliance With Other Instruments. The execution and delivery of this Deed of Trust and the other Loan Documents, and compliance with their respective terms, and the issuance of the Note and other Loan Documents as contemplated in this Deed of Trust, shall not result in a breach of any of the terms or conditions of, or result in the imposition of, any lien, charge, or encumbrance (except as created by this Deed of Trust and the other Loan Documents) on any properties of Borrower, or constitute a default (with due notice or lapse of time or both) or result in an occurrence of an event for which any holder or holders of indebtedness may declare the same due and payable under, any indenture, agreement, order, judgment, or instrument to which Borrower is a party or by which Borrower or its properties may be bound or affected.

36.4 Compliance With Law. The execution and delivery of this Deed of Trust, the Note, and the other Loan Documents, or any other document, agreement, certificate, or instrument to which Borrower is bound in connection with the Loan, do not conflict with, result in a breach or default under, or create any lien or charge under any provision of any Governmental Requirements to which it is subject and shall not violate any of the Governmental Requirements.

36.5 Material Adverse Events. Since the date of the financial statements delivered to Lender before recordation of this Deed of Trust, neither the condition (financial or otherwise) nor the business of Borrower and the Mortgaged Property have been materially adversely affected in any way.

36.6 Litigation. There are no actions, suits, investigations, or proceedings pending or, to Borrower’s knowledge after due inquiry and investigation, threatened against or affecting Borrower at law or in equity, before or by any Person or Governmental Authority, that, if adversely determined, would have a material adverse effect on the business, properties, or condition (financial or otherwise) of Borrower or on the validity or enforceability of this Deed of Trust, any of the other Loan Documents, or the ability of Borrower to perform under any of the Loan Documents.

36.7 No Untrue Statements. All statements, representations, and warranties made by Borrower in this Deed of Trust or any other Loan Document and any other agreement, document, certificate, or instrument previously furnished or to be furnished by Borrower to Lender under the Loan Documents (a) are and shall be true, correct, and complete in all material respects at the time they were made and on and as of the recordation of this Deed of Trust, (b) do not and shall not contain any untrue statement of a material fact, and (c) do not and shall not omit to state a material fact necessary to make the information in them neither misleading nor incomplete. 1053
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Borrower understands that all such statements, representations, and warranties shall be deemed to have been relied on by Lender as a material inducement to make the Loan.

36.8 Policies of Insurance. Each copy of the insurance policies relating to the Mortgaged Property delivered to Lender by Borrower: (a) is a true, correct, and complete copy of the respective original policy in effect on the date of this Deed of Trust, and no amendments or modifications of said documents or instruments not included in such copies have been made, except as disclosed to Lender in writing, and (b) has not been terminated and is in full force and effect. Borrower is not in default in the observance or performance of its material obligations under said documents or instruments and Borrower has done all things required to be done as of the date of this Deed of Trust to keep unimpaired its rights thereunder.

36.9 Financial Statements. All financial statements furnished to Lender are true and correct in all material respects, are prepared in accordance with generally accepted accounting principles or such other accounting method approved by Lender in its reasonable discretion, and do not omit any material fact the omission of which makes such statement or statements misleading. There are no facts that have not been disclosed to Lender by Borrower in writing that materially or adversely affect or could potentially in the future affect the Mortgaged Property or the business prospects, profits, or condition (financial or otherwise) of Borrower or any guarantor or Borrower’s abilities to perform the Obligations and pay the Indebtedness.

36.10 Taxes. Borrower has filed or caused to be filed all tax returns that are required to be filed by Borrower under the Governmental Requirements of each Governmental Authority with taxing power over Borrower, and Borrower has paid, or made provision for the payment of, all taxes, assessments, fees, and other governmental charges that have or may have become due under said returns, or otherwise, or under any assessment received by Borrower except that such taxes, if any, as are being contested in good faith and as to which adequate reserves (determined in accordance with generally accepted accounting principles) have been provided.

36.11 Title to Mortgaged Property and Zoning. As of the date of recordation of this Deed of Trust, Borrower holds full legal and equitable title to the Mortgaged Property, subject only to the Permitted Encumbrances. Adequate water, telephone, gas and electrical supply, storm and sanitary sewerage or septic facilities, as required, and any other required public utilities are available for the Mortgaged Property. Adequate means of access exist between the Mortgaged Property and public streets for pedestrians and motor vehicles.

36.12 Leases. If the Mortgaged Property includes a leasehold estate, Borrower has not and shall not surrender, terminate, cancel, waive, accept waiver, change, supplement, grant subleases of, alter, surrender, or amend, and shall comply with all terms, covenants, and conditions in the Leasehold.

36.13 Further Acts. Borrower shall, at its sole cost and expense, and without expense to Trustee or Lender, do, execute, acknowledge, and deliver all and every such further acts, deeds, conveyances, deeds of trust, mortgages, assignments, notices of assignments, transfers, and assurances as Trustee or Lender shall from time to time reasonably require, for the purpose of better assuring, conveying, assigning, transferring, pledging, mortgaging, warranting, and confirming to Trustee the Mortgaged Property and rights, and as to Lender the security interest 1054
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as to any Personalty constituting a part of the Mortgaged Property, conveyed or assigned by this Deed of Trust or intended now or later so to be, or for carrying out the intention or facilitating the performance of the terms of this Deed of Trust, or for filing, registering, or recording this Deed of Trust and, on demand, shall execute and deliver, and authorizes Lender to execute in the name of Borrower, to the extent it may lawfully do so, one or more financing statements, chattel mortgages, or comparable security instruments, to evidence more effectively the lien of this Deed of Trust on the Mortgaged Property.

36.14 Filing Fees. Borrower shall pay all filing, registration, or recording fees, all Governmental Authority stamp taxes and other fees, taxes, duties, imposts, assessments, and all other charges incident to, arising from, or in connection with the preparation, execution, delivery, and enforcement of the Note, this Deed of Trust, the other Loan Documents, any supplemental deed of trust or mortgage, or any instrument of further assurance.

36.15 Entity Compliance. As long as it is the owner of the Mortgaged Property, Borrower, if a corporation, limited liability company, or partnership, shall do all things necessary to preserve and keep in full force and effect its existence, franchises, rights, and privileges as such entity under the laws of the state of its incorporation or formation, and shall comply with all Governmental Requirements of any Governmental Authority applicable to Borrower or to the Mortgaged Property or any part of it.

36.16 No Purchase of Security. Borrower represents and warrants that this Deed of Trust and the Indebtedness secured by this Deed of Trust is for the sole purpose of conducting or acquiring a lawful business, profession, or commercial activity or for the acquisition or management of real or personal property as a commercial investment, and all proceeds of such Indebtedness shall be used for said business or commercial investment purpose. Such proceeds shall not be used to purchase any security within the meaning of the Securities Exchange Act of 1934, as amended, or any regulation issued under that Act, including, without limitation, Regulations G, T, and X of the Board of Governors of the Federal Reserve System.

37. Governing Law. This instrument shall be deemed to have been made in the State of California, and the validity of this Deed of Trust and the Loan Documents shall be governed by, interpreted under, and construed and enforceable in accordance with, the laws of the State of California for all purposes; except when federal law applies (including, without limitation, any federal usury ceiling or other federal law preempting state usury laws, which, from time to time, is applicable to the indebtedness evidenced by the Note). The parties agree that all actions or proceedings arising in connection with this Deed of Trust and the other Loan Documents shall be tried and litigated only in the state courts located in the County of San Mateo, State of California, or the federal courts located in the Northern District of California. Borrower waives any right Borrower may have to assert the doctrine of forum non conveniens or to object to such venue.

38. Taxation of Deeds of Trust. In the event of the enactment of any law deducting from the value of the Mortgaged Property any mortgage lien on it, or imposing on Lender the payment of all or part of the taxes, charges, or assessments previously paid by Borrower under this Deed of Trust, or changing the law relating to the taxation of mortgages, debts secured by mortgages, or Lender’s interest in the Mortgaged Property so as to impose new incidents of tax on Lender, then Borrower shall pay such taxes or assessments or shall reimburse Lender for them; provided, 1055
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however, that if in the opinion of Lender’s counsel such payment cannot lawfully be made by Borrower, then Lender may, at Lender’s option, declare all sums secured by this Deed of Trust to be immediately due and payable without notice to Borrower. Lender may invoke any remedies permitted by this Deed of Trust.

39. Mechanics’ Liens. Borrower shall pay from time to time when due, all lawful claims and demands of mechanics, materialmen, laborers, and others that, if unpaid, might result in, or permit the creation of, a lien on the Mortgaged Property or any part of it, or on the Rents arising therefrom, and in general shall do or cause to be done everything necessary so that the lien and security interest of this Deed of Trust shall be fully preserved, at Borrower’s expense, without expense to Lender; provided, however, that if Governmental Requirements empower Borrower to discharge of record any mechanics’, laborer’s, materialman’s, or other lien against the Mortgaged Property by the posting of a bond or other security, Borrower shall not have to make such payment if Borrower posts such bond or other security on the earlier of (a) ten (10) days after the filing or recording of same or (b) within the time prescribed by law, so as not to place the Mortgaged Property in jeopardy of a lien or forfeiture.

40. Brokerage. Borrower represents and warrants to Lender that Borrower has not dealt with any Person who is or may be entitled to any finder’s fee, brokerage commission, loan commission, or other sum in connection with the execution of this Deed of Trust, the consummation of the transactions contemplated by this Deed of Trust, or the making of the Loan secured by this Deed of Trust by Lender to Borrower, and Borrower indemnifies and agrees to hold Lender harmless from and against any and all loss, liability, or expense, including court costs and Attorneys’ Fees, that Lender may suffer or sustain if such warranty or representation proves inaccurate in whole or in part.

41. Liability for Acts or Omissions. Lender shall not be liable or responsible for its acts or omissions under this Deed of Trust, except for Lender’s own gross negligence or willful misconduct, or be liable or responsible for any acts or omissions of any agent, attorney, or employee of Lender, if selected with reasonable care.

42. Notices. Except for any notice required by Governmental Requirements to be given in another manner, any notices required or permitted to be given hereunder shall be given in writing and shall be delivered (a) in person, (b) by certified mail, postage prepaid, return receipt requested, or (c) by a commercial overnight courier that guarantees next day delivery and provides a receipt. Such notices shall be addressed as follows:

Lender Notice Address:

City of Pittsburg
65 Civic Avenue
Pittsburg, California 94565
Attention: City Manager
Telephone: ________________
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with copies to all of the following:

City of Pittsburg
65 Civic Avenue
Pittsburg, California 94565
Attention: City Attorney
Telephone: _________________
Borrower Notice Address:

Pittsburg Land Holdings, LLC
88 Richmond Hill Rd.

Greenwich, Connecticut 06831
Attention: Mark McComiskey
Telephone: (646) 940-9901
with a copy to:

Foley & Lardner LLP
2021 McKinney Ave., Suite 1600
Dallas, Texas 75201
Attention: Nicholas G. Peters
Telephone: (214) 999-4030
or to such other address as either party may from time to time specify in writing to the other party. All notices shall be deemed effective on the earliest of (i) actual receipt; (ii) rejection of delivery; (iii) if sent by certified mail, the third day on which regular United States mail delivery service is provided after the day of mailing or, if sent by overnight delivery service, on the next day on which such service makes next-business-day deliveries after the day of sending. For notice purposes, Borrower agrees to keep Lender informed at all times of Borrower’s current address(es).

43. Statement of Obligations. Except as otherwise provided by Governmental Requirements, at Lender’s request, Borrower shall promptly pay to Lender such fee as may then be provided by law as the maximum charge for each statement of obligations, Lender’s statement, Lender’s demand, payoff statement, or other statement on the condition of, or balance owed, under the Note or secured by this Deed of Trust.

44. Application of Payments. Except as otherwise expressly provided by Governmental Requirements or any other provision of this Deed of Trust, all payments received by Lender from Borrower under the Loan Documents shall be applied by Lender in the following order: (a) costs, fees, charges, and advances paid or incurred by Lender or payable to Lender and interest under any provision of this Note or the Deed of Trust, in such order as Lender, in its sole and absolute discretion, elects, (b) interest payable under the Note, and (c) principal under the Note. 1057
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45. Remedies Are Cumulative. Each remedy in this Deed of Trust is separate and distinct and is cumulative to all other rights and remedies provided by this Deed of Trust or by Governmental Requirements, and each may be exercised concurrently, independently, or successively, in any order whatsoever.

46. Obligations of Borrower Joint and Several. If more than one Person is named as Borrower, each obligation of Borrower under this Deed of Trust shall be the joint and several obligations of each such Person.

47. Severability. If any provision of the Loan Documents, or the application of them to the circumstances, is held void, invalid, or unenforceable by a court of competent jurisdiction, the Loan Documents, and the applications of such provision to other parties or circumstances, shall not be affected thereby, the provisions of the Loan Documents being severable in any such instance.

48. Delegation of Authority. Whenever this Deed of Trust provides that Borrower authorizes and appoints Lender as Borrower’s attorney-in-fact to perform any act for or on behalf of Borrower or in the name, place, and stead of Borrower, Borrower expressly understands and agrees that this authority shall be deemed a power coupled with an interest and such power shall be irrevocable.

49. General Provisions.

49.1 Successors and Assigns. Subject to Sections 20 and 21 of this Deed of Trust, this Deed of Trust applies to, inures to the benefit of, and binds, the respective heirs, legatees, devisees, administrators, executors, successors, and assigns of each party to this Deed of Trust.

49.2 Meaning of Certain Terms. As used in this Deed of Trust and unless the context otherwise provides, the words “herein,” “hereunder” and “hereof” mean and include this Deed of Trust as a whole, rather than any particular provision of it.

49.3 Authorized Agents. In exercising any right or remedy, or taking any action provided in this Deed of Trust, Lender may act through its employees, agents, or independent contractors, as Lender expressly authorizes.

49.4 Gender and Number. Wherever the context so requires in this Deed of Trust, the masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa.

49.5 Captions. Captions and section headings used in this Deed of Trust are for convenience of reference only, are not a part of this Deed of Trust, and shall not be used in construing it.

49.6 Time Is of the Essence. As a material inducement and consideration to the parties entering into this Deed of Trust, and but for this provision the parties would not enter into this Deed of Trust, the parties agree that the performance in a timely manner of each deadline set forth in this Deed of Trust before its expiration is of crucial importance to the parties. Failure by a party to timely perform an obligation before the deadline set forth in this Deed of Trust (no 1058
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matter for what reason, nor how soon thereafter it may have been performed, nor the lack of prejudice to the other party as the result of such nonperformance) shall result in a default by the nonperforming party or the failure of a condition, as appropriate. The parties expressly waive any equitable relief with respect to a missed deadline.

49.7 No Limitation of Remedies. Nothing in this Deed of Trust shall be deemed to apply to or limit the right of Lender to: (a) exercise self-help remedies, (b) foreclose judicially or nonjudicially against any real or personal property collateral, or to exercise judicial or nonjudicial power of sale rights, (c) obtain from a court provisional or ancillary remedies (including, but not limited to, injunctive relief, a writ of possession, prejudgment attachment, a protective order or the appointment of a receiver), or (d) pursue rights against Borrower or any other party in a third party proceeding in any action brought against Lender (including, but not limited to, actions in bankruptcy court).
[Signature page follows]
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IN WITNESS WHEREOF, the parties hereto have executed and delivered this Deed of Trust as of the date first written above.

BORROWER:

PITTSBURG LAND HOLDINGS, LLC, a
Delaware limited liability company
By:

Name:

Title:

ACKNOWLEDGMENT

STATE OF CALIFORNIA )
)
COUNTY OF ___________ )
On _______________, 20__, before me, ______________________________________, Notary Public, personally appeared ________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature _______________________________ (Seal)
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4883-9289-9865.8
LENDER:

CITY OF PITTSBURG, a California
municipal corporation
By:

Name:

Title:

ACKNOWLEDGMENT
State of _______________ )
County of______________ )
On ______________________________________ before me,
________________________________ (here insert name and title of the officer), personally appeared_____________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature________________________________
(Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
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4883-9289-9865.8

ATTACHMENT A

LEGAL DESCRIPTION OF LAND
[Attached.]
1062

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 a Fifth Amendment to the Franchise Agreement for Refuse and Recycling Collection and Disposal between Pittsburg Disposal and Debris Box Service, Inc. and the City of Pittsburg
MEETING DATE: July 18, 2022

EXECUTIVE SUMMARY
Pittsburg Disposal and Debris Box Service, Inc. DBA Mt. Diablo Resource Recovery Pittsburg (MDRR) collects the refuse, recycling, and organic materials curbside per the Franchise Agreement with the City of Pittsburg. As a long-term solution for reducing cart contamination, MDRR is proposing the retirement of the 32-gallon cart over five years and a cart contamination compliance enforcement strategy.

FISCAL IMPACT
Approval of this Resolution will have no fiscal impact on the City’s General Fund.

RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution authorizing the City Manager to execute the Fifth Amendment to the Franchise Agreement which includes a fiveyear phase out of the 32-gallon cart and cart contamination compliance enforcement strategy.

BACKGROUND
In 2009 the City amended its Franchise Agreement with MDRR to require MDRR to provide 64- or 96-gallon recycling cart and a 96-gallon green waste cart to all residential customers.

The new provisions also allowed each residential customer to select their service size of 32- gallon, 64-gallon, or 96-gallon carts for weekly refuse disposal. The provisions were introduced to meet requirements of SB 1016 and associated solid waste diversion goal of 50%, as providing large volume recycling and green waste carts would theoretically encourage diversion of recycling and green waste from the refuse cart and landfill. 1063
While the goal was achieved through the new curbside carts program, it also contributed to a pattern of customers selecting cart sizes inadequate for serving household refuse needs.

In these instances, refuse belonging in a full refuse cart is often incorrectly placed in the green waste or recycling carts (cart contamination).

In 2021, new statewide organics diversion regulations emerged under Senate Bill (SB) 1383, Short-lived Climate Pollutants Reduction, as enacted in 2017 (Lara, Chapter 395, Statutes of 2016). SB 1383 establishes targets to reduce the statewide disposal of organics by 75% by 2025. The new law identifies cart contamination, which now also includes the placement of organics in the refuse cart, as a major hurdle in achieving its associated organics diversion targets, and requires jurisdictions perform cart contamination compliance enforcement actions.

As a long-term solution for dissuading cart contamination, on February 22, 2022, the Pittsburg City Council approved a solid waste collection base rate increase that, over five years, would result in equivalent pricing of the 32-gallon and 64-gallon carts. In alignment with this decision and with required organics diversion, staff was directed to work with MDRR to create a strategy for removal of the 32-gallon cart from Pittsburg’s existing and new customers over the same time period, as well as a more robust enforcement strategy for noncompliance.

SUBCOMMITTEE FINDINGS
This item was reviewed by the Finance Subcommittee on November 19, 2021, and received support for removal of the 32-gallon cart due to potential long-term environmental impacts of reducing cart contamination.

STAFF ANALYSIS
Inspiring behavior change to reduce cart contamination is a pillar of SB 1383 implementation that ultimately aims to purify organic waste streams for reuse while also keeping organic waste products out of the landfill where they decompose and create harmful greenhouse gases. Removal of the 32-gallon refuse cart will ensure that all residential households have ample space for disposal of non-organic and non-recyclable wastes in the black cart. With ample space for placing appropriate wastes in the black cart, residents will less likely contaminate the blue and green carts with non-recyclable and nonorganic wastes.

In order to soften the impact to residential customers, MDRR proposed the following process for removal of the 32-gallon carts from Pittsburg:
• Existing Customers. All residents with a 32-gallon cart will be allowed to maintain the 32-gallon service size until phase-out is complete and MDRR begins replacement of 32-gallon carts with 64-gallon carts on January 1, 2027. All non-exempt customers qualifying for the Low-Income Senior Rate will receive a 64-gallon cart for the Low-Income Senior Rate approved on February 22, 2022. In the meantime, all existing customers will receive educational information on the 5- year phase-out and rate increase process, proper source separation, MDRR’s free annual bulky item and pickups, MDRR’s on-call pickup services, and the importance of avoiding cart contamination.
1064
• New Customers. Beginning on January 1, 2023, new customers will not have the option to select a 32-gallon cart. The smallest service size available will be the 64- gallon cart. All new customers will receive educational information on the 5-year rate increase process, proper source separation, MDRR’s free annual bulky item and pickups, MDRR’s on-call pickup services, and the importance of avoiding cart contamination.
 Exemptions. Only customers that meet one of the following conditions will have access to the 32-gallon service size:
o Limited storage space at the existing residence
o Physical inability to maneuver carts larger than 32-gallons from the waste disposal area to the collection area at the existing residence o High density residential projects on a case-by-case basis as approved by the City
Additionally, MDRR proposed a Three Strike System for compliance enforcement that will help meet SB 1383 diversion requirements. Under this system, MDRR and City enforcement staff will be charged with documenting contamination or overflow events. Upon documentation of three separate contamination or overflow events by a single customer, and after sufficient customer outreach whereby customer does not adjust to the appropriate service level, MDRR will then replace the insufficiently sized cart with an appropriate larger service size based on observed customer need.

Staff concurs with the processes and justifications provided by MDRR and recommends the City Council approves:
• Retirement of the 32-gallon cart over five years
• Implementation of a Three Strike System for SB 1383-related compliance enforcement
ATTACHMENTS: Resolution 22-
Fifth Amendment to the to the Franchise Agreement for Refuse and Recycling Collection and Disposal between Pittsburg Disposal and Debris Box Service, Inc. and the City of Pittsburg
Report Prepared By: Sara Bellafronte, Senior Administrative Analyst 1065
Resolution No. 22- 1 July 18, 2022

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

Approving a Fifth Amendment to the Franchise )
Agreement for Refuse and Recycling )
Collection and Disposal between Pittsburg ) RESOLUTION NO. 22- Disposal and Debris Box Service, Inc. and )
the City of Pittsburg )
WHEREAS, in 1999 the City of Pittsburg entered into an agreement granting Pittsburg Disposal and Debris Box Service, DBA Mt. Diablo Resource Recovery Pittsburg (“Franchise Holder”) the exclusive right, privilege and franchise to provide Residential and Multi-family Dwelling Solid Waste Collection Service, Residential and Multi-Family Recycling Collection Service and Commercial and Industrial Solid Waste Collection Service within the Service Area (“Franchise Agreement”); and WHEREAS, the current Franchise Agreement allows residential customers to select their service size of 32-gallon, 64-gallon, or 96-gallon carts for weekly refuse disposal and requires that MDRR provide a 64- or 96-gallon recycling cart and a 96-gallon green waste cart to each residential customer;
WHEREAS, a significant number of residential customers in Pittsburg have selected service sizes inadequate for serving household refuse needs. often resulting in the incorrect placement of refuse in the green waste cart or recycling cart (cart contamination); and
WHEREAS, in 2021, Senate Bill (SB) 1383, Short-lived Climate Pollutants Reduction, as enacted in 2017 (Lara, Chapter 395, Statutes of 2016) established targets to reduce the statewide disposal of organics by 75% by 2025; and WHEREAS, SB 1383 identifies cart contamination, which now also includes the placement of organics in the refuse cart, as a major hurdle in achieving its associated organics diversion targets, and requires jurisdictions actively enforce cart contamination compliance; and
WHEREAS, as a long-term solution for dissuading cart contamination, City staff and the Franchise Holder have negotiated an amendment to the Franchise Agreement, attached hereto as “Fifth Amendment” to implement a 5-year phase out of the 32-gallon cart and a cart contamination compliance enforcement strategy pursuant to SB 1383.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pittsburg hereby approves a Fifth Amendment to the Franchise Agreement for Refuse and Recycling Collection and Disposal between Pittsburg Disposal and Debris Box Service, Inc. and the City of Pittsburg.
1066
Resolution No. 22- 2 July 18, 2022
PASSED AND ADOPTED by the City Council of the City of Pittsburg, at a regular meeting on the 18th day of July 2022, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
_____________________________
Holland Barrett White, Mayor
ATTEST:
___________________________
Alice E. Evenson, City Clerk
1067

FIFTH AMENDMENT TO

FRANCHISE AGREEMENT FOR REFUSE AND RECYCLING

COLLECTION AND DISPOSAL

BETWEEN
PITTSBURG DISPOSAL & DEBRIS BOX SERVICE, INC.

AND

THE CITY OF PITTSBURG
1068
1 Fifth Amendment to Franchise Agreement Between
Pittsburg Disposal & Debris Box Service, Inc.
and
The City of Pittsburg
This Fifth Amendment ("Fifth Amendment") to the Franchise Agreement for Refuse and Recycling Collection and Disposal (“Fifth Amendment”) is entered into as of July 18, 2022 between Pittsburg Disposal and Debris Box Service, Inc. (“Pittsburg Disposal”) and the City of Pittsburg (“City”).

RECITALS
A. Effective July 1, 1999, Pittsburg Disposal (Franchised Hauler) and City entered into that certain Franchise Agreement for Refuse and Recycling Collection and Disposal (“Franchise Agreement”), pursuant to which City granted Pittsburg Disposal the exclusive right, privilege and franchise to provide Residential and Multi-family Dwelling Solid Waste Collection Service, Residential and Multi-family Recycling Collection Service and Commercial and Industrial Solid Waste Collection Service within the Service Area.

B. Effective January 20, 2009, Amendment Two of the Franchise Agreement allowed each residential customer to select their service size of 32-gallon, 64-gallon, or 96-gallon carts for weekly refuse disposal and required Pittsburg Disposal provide a 64- or 96-gallon recycling cart and a 96-gallon green waste cart to each residential customer.

C. Subsequently, a significant number of residential customers in Pittsburg have selected service sizes inadequate for serving household refuse needs often resulting in the incorrect placement of refuse in the green waste cart or recycling cart (cart contamination).

D. In 2021, Senate Bill (SB) 1383, Short-lived Climate Pollutants Reduction, as enacted in 2017 (Lara, Chapter 395, Statutes of 2016) established targets to reduce the statewide disposal of organics by 75% by 2025. SB 1383 identifies cart contamination, which now also includes the placement of organics in the refuse cart, as a major hurdle in achieving its associated organics diversion targets, and requires jurisdictions actively enforce cart contamination compliance.

E. The purpose of this Fifth Amendment is to amend the Franchise Agreement to implement a long-term solution for minimizing cart contamination through a 5-year phase out of the 32-gallon cart and a cart contamination compliance enforcement strategy pursuant to SB 1383.

F. This Fifth Amendment has been negotiated between the parties and is consistent with Article XVII, Section 7 of the Franchise Agreement which requires any modification of, or amendment or addition to, the Franchise Agreement to be in writing and signed by both parties.

NOW, THEREFORE, in consideration of the promises, covenants, and provisions 1069
2 set forth herein, the receipt and adequacy of which consideration is hereby acknowledged, the parties agree as follows:

AGREEMENT

1. Recitals. The foregoing recitals are true and correct and hereby incorporated herein by reference.

2. Defined Terms. All capitalized terms not defined herein shall have the meanings ascribed to them in the Franchise Agreement. For the purposes of this First Amendment, the term "Residential Customer" shall mean any Customer who receives services pursuant to the Franchise Agreement to a Single Family Dwelling.

3. Article IV(A), Section 5. Article IV, “Collection Services,” Subdivision “A,” “Residential,” Section 5 – “Service Levels and Containers” is amended as follows:

Section 5 – Service Levels and Containers
a) “Service Levels and Containers: Franchised Hauler shall provide Residential Customers with Solid Waste, Organic Waste and Recyclable Material collection Containers, and replace the Containers as necessary, at no additional cost.

Residential Customers shall have the option to select an appropriate service level for Solid Waste collection. Residential collection rates may vary according to the Solid Waste level of service selected by each Customer and as established
pursuant to Article XI of this Agreement. The residential collection rates established for each service level shall include all costs associated with Solid Waste, Organic Waste and Recyclable Material collection for each Residential Customer. b) Existing Customers: As of the date of this Fifth Amendment, all non-exempt existing Residential Customers with the 32-gallon service size may maintain the 32-gallon service size for weekly Solid Waste collection services from Franchise Holder until January 1, 2027. Beginning on January 1, 2027, Franchise Holder shall replace all non-exempt Residential customers’ 32- gallon carts with 64-gallon or 96-gallon carts. All non-exempt Residential customers qualifying for the Low-Income Senior Rate shall receive a 64-gallon cart at the Low-Income Senior Rate approved on February 22, 2022.
c) New Customers: Beginning on January 1, 2023, new
Residential customers will not have the option to select a 32- gallon cart for weekly Solid Waste collection service by the Franchise Hauler. The smallest service size available will be the 64-gallon cart.
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3 d) Exemptions: Only customers that meet one or both of the following conditions will be considered exempt from the above Section 5 b and c, and will have access to the 32-gallon service size for weekly Solid Waste collection services by the Franchised Hauler:
i. Limited space for a 64-gallon or 96-gallon cart at the existing residence. Limited space exemptions shall be determined on a case-by-case basis through a site visit with Franchised Hauler. ii. Physical inability to maneuver carts larger than 32- gallons from the waste disposal area to the collection
area at the existing residence. Physical inability
exemptions shall be determined on a case-by-case
basis by the Franchised Hauler.”
iii. High density residential projects as approved on a caseby-case basis by the City e) Prior to replacement of all Residential customers’ 32-gallon carts, Franchised Hauler shall provide all existing Residential customers with educational information on the 5-year phaseout and rate increase process, proper source separation, Franchised Hauler’s free annual bulky item and pickups, Franchised Hauler’s on-call pickup services, the Three Strike System detailed in Article IV(A), Section 6, and the importance of avoiding cart contamination. Prior to establishing new collection services, Franchised Hauler shall provide all new customers with educational information on the 5-year rate increase process, proper source separation, Franchised
Hauler’s free annual bulky item and pickups, Franchised Hauler’s on-call pickup services, the Three Strike System detailed in Article IV(A), Section 6, and the importance of avoiding cart contamination

4. Article IV(A), Section 6. Article IV, “Collection Services,” Subdivision “A,” “Residential,” is amended to add Section 6 – “Residential Cart Contamination Compliance” as follows:

Section 6 – Residential Cart Contamination Compliance
a) Three Strike System: Franchise Hauler shall implement the following Residential cart contamination compliance enforcement method:
i. Uniformly document, photograph, and archive instances of overflowing carts and instances of cart contamination (strike) on a per-account basis for every Residential customer in Pittsburg. ii. Within one week of the observation, Franchised Hauler shall notify customer that an overflowing cart or contaminated cart was 1071
4 observed at their residence via the phone call listed on the service account.
iii. In the event that a single Residential account receives three separate documented instances, or strikes, of any combination of overflowing carts or cart contamination, and after sufficient customer outreach whereby customer does not adjust their service level appropriately, Franchised Hauler shall then notify the Residential customer of the date, time, and new monthly rate at which that their account will be upsized.”
IN WITNESS WHEREOF, this First Amendment has been entered into by and between Pittsburg Disposal and City as of the date and year first above written.

CITY:

CITY OF PITTSBURG,
a California municipal corporation
By:

Name: Garrett Evans
Title: City Manager
APPROVED AS TO FORM:

By:

City Attorney
PITTSBURG DISPOSAL:

PITTSBURG DISPOSAL & DEBRIS BOX
SERVICE, INC.

By:

Name:

Title:

By:

Name:

Title:
1185539.5
1072

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 Amend Lease Agreements at 27 and 31 Marina Boulevard between the City of Pittsburg and Global Resources Trading, LLC
MEETING DATE: July 18, 2022

EXECUTIVE SUMMARY
The City of Pittsburg proposes to amend the Lease Agreements with Global Resources Trading, LLC (Lessee) doing business as Fisherman’s Catch for the modular buildings at 27 and 31 Marina Boulevard (collectively, the “Premises”). The Lessee currently operates a bait store, fish market, and café (collectively, the “Business”) at the Premises, in coordination with Lessee’s construction of a hotel, restaurants, and banquet facility (Hotel) on an adjacent parcel.

FISCAL IMPACT
Between July 1, 2022 and December 31, 2022 the City will receive $1 per lease. Between January 1, 2023 and December 31, 2023 the City will receive $1 per lease.

If City-approved Hotel plans and Hotel construction has commenced by December 31, 2023, the City will continue to receive $1 per year per lease for the remainder of the 49-year term or until the modular buildings are demolished, or the leases are terminated with City approval.

If the Lessee’s proposed Hotel does not receive City-approved Hotel plans and Hotel construction has not commenced by December 31, 2023, the City will receive $11,417.61 for the 27 Marina Boulevard lease and $23,804.47 for the 31 Marina Boulevard lease annually plus a 5% annual increase.

RECOMMENDATION
City Council adopt a resolution amending the Lease Agreements for 27 and 31 Marina Boulevard between the City of Pittsburg and the Lessee. 1073

BACKGROUND
The Premises with Assessor’s Parcel Number 085-071-046 was transferred from the Redevelopment Agency of the City of Pittsburg (Agency) to the City in March of 2011. The Agency has leased modular buildings that have been placed on the Premises and enclosed by a fence. Lessee entered into the Lease Agreements with the City for 27 Marina Blvd. on May 1, 2018 for operation of a bait shop, and 31 Marina Blvd. on July 1, 2020 for operation of a fish market and café.

The Property is also partially located on sovereign tidelands that have been granted to the City of Pittsburg under Senate Bill 551, Chapter 422, Statutes of 2011. These granted lands, also referred to as Trust Lands, are held in trust for the people of California. The City is required to operate its granted Trust Lands in conformance with the California Constitution, granting statutes and the Public Trust Doctrine.

Case law interpreting the Public Trust Doctrine has found that Trust Lands can only be used for purposes beneficial to the State in its entirety (the statewide public), as does the City’s granting statute. These operational requirements have introduced hurdles for the use and sale of the parcels. The parcels, for example, cannot be sold by the City, and any user other than the City must have an executed long-term Tidelands Lease for use of the parcels.

On June 6, 2022, City Council adopted a Resolution to approve a lease with Lessee for the Hotel on land adjacent to the Premises.

SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.

STAFF ANALYSIS
Since 2018, the Business has thrived and is in alignment with the City’s California State Lands Commission-approved Trust Lands Use Plan (TLUP) and General Plan goals of creating pedestrian-friendly connectivity between downtown and the Pittsburg Marina. It fits the existing Marine Commercial zoning designation, and in conjunction with the proposed Hotel, has the potential to decrease blight experienced by the surrounding community as a result of the surrounding properties’ historic vacancy. Temporary reduction of rent proposed in the Lease Amendments will encourage timely and quality submittals and review, and if approved, development of the Hotel.

ATTACHMENTS: Resolution
27 Marina Blvd. Lease Amendment
31 Marina Blvd. Lease Amendment
Report Prepared By: Sara Bellafronte, Senior Administrative Analyst 1074
Resolution No. 22- Page 1 of 2 July 18, 2022

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

Adoption of a City Council Resolution )
Amending the Lease Agreements at 27 and )
31 Marina Boulevard between the City of ) RESOLUTION NO. 22- Pittsburg and Global Resources Trading, )
LLC )
WHEREAS, Global Resources Trading, LLC (Lessee) entered into Lease Agreements with the City for 27 Marina Boulevard on May 1, 2018 for operation of a bait shop, and 31 Marina Boulevard on July 1, 2020 for operation of a fish market and café; and
WHEREAS, the City proposes to amend Lease Agreements for the modular buildings at 27 and 31 Marina Boulevard with Lessee in coordination with Lessee’s construction of a hotel, restaurants, and banquet facility (Hotel) on an adjacent parcel; and WHEREAS, the leased buildings are partially located within sovereign Tidelands that have been granted to the City under Senate Bill 551, Chapter 422, Statutes of 2011; and
WHEREAS, granted Tidelands can only be used for purposes beneficial to the State in its entirety (the statewide public), and users of granted Tidelands must execute a Tidelands Lease with the City for use of the granted Tidelands; and WHEREAS, on June 6, 2022, Council adopted Resolution No.22-14104 declaring the City’s Granted Tidelands as Exempt Surplus Land; and WHEREAS, development of the Property is in alignment with current revitalization efforts in the area and is anticipated to be a catalyst for additional commercial and recreational use of the waterfront; and
WHEREAS, temporary reduction of rent proposed in the ease amendments will encourage timely and quality submittals and review, and if approved, development of the Hotel.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Pittsburg hereby authorizes the City Manager to amend the Lease Agreements with the Lessee, and execute any related documents.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 18th day of July 2022, by the following vote:

AYES:

NOES:
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Resolution No. 22- Page 2 of 2 July 18, 2022
ABSTAINED:

ABSENT:
_____________________________
Holland Barrett White, Mayor
ATTEST:
___________________________
Alice E. Evenson, City Clerk
1076
FIRST AMENDMENT TO LEASE AGREEMENT By and between THE CITY OF PITTSBURG and GLOBAL RESOURCES TRADING, LLC
27 Marina Boulevard
THIS FIRST AMENDMENT TO LEASE AGREEMENT (the "First Amendment"), is effective as of July 18, 2022 (the “Effective Date”), and is between the CITY OF PITTSBURG, a municipal corporation ("Lessor") and GLOBAL RESOURCES TRADING, LLC, a California limited liability company ("Tenant").

RECITALS
A. Lessor and Tenant entered into that certain Lease dated November 6, 2018 (the "Lease"), in connection with the lease of certain real property located at 27 Marina Boulevard in the City of Pittsburg, California.

B. Tenant wishes to lease adjacent properties for construction of a hotel, restaurants, and banquet facility (the “Hotel”).

C. In coordination with the Hotel construction, Tenant has requested amendments to the terms the Lease including termination date, lease rate, and annual adjustments.

NOW, THEREFORE, for and in consideration of the covenants and agreements hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Lessor and Tenant hereby agree as follows:

AGREEMENT

1. Definitions. All capitalized terms used in this First Amendment and not defined in this First Amendment will have the meanings ascribed in the Lease.

2. Article II TERM OF LEASE; RENT; SECURITY DEPOSIT is hereby amended as follows:

2.1 Term. The term of this Agreement (the “Term”) shall commence on November 6, 2018, 2022 (the “Commencement Date”), and unless the Property is demolished with City approval or the Lease is terminated earlier pursuant to the provisions hereof, shall expire on June 7, 2071 (the “Expiration Date”). The expiration of the Term or the sooner termination of this Agreement is referred to herein as the “Lease Termination.” 1077

2.2 Rent. Commencing on the Effective Date, Tenant shall pay to Landlord as rent for the Premises, the sum of seven hundred and ten dollars ($710) per month (“Rent”) for the first year of the Term. Commencing on July 1, 2019, and on each July 1 thereafter during the Term, the amount of Rent payable to City will increase by 5% of the previous year’s rental payments.

Commencing on July 1, 2022, Tenant shall pay to Landlord as rent for the Premises, the sum of one dollar ($1) (“Rent”) for the first six (6) months of the Term.

On January 1, 2023, Tenant shall pay to Landlord as Rent for the Premises, the sum of one dollar ($1) Rent for months seven through eighteen (7-18) of the Term. If the Tenant has not received approved Hotel plans from the City and Tenant has not commenced Hotel construction by December 31, 2023, Tenant shall pay to Landlord on January 1, 2024, as rent for the Premises, the sum of eleven thousand four hundred seventeen dollars and sixty-one cents ($11,417.61) for months nineteen through thirty (19-30) of the Term. On January 1, 2025, Tenant shall pay to Landlord as rent for the Premises, the sum of eleven thousand nine hundred eighty-eight dollars and fifty cents ($11,988.50) and each January 1 of each year of the term thereafter until Tenant has received City-approved Hotel plans and Hotel construction has commenced. Upon the first January 1 after Tenant has received City-approved Hotel plans and Hotel construction has commenced, Tenant shall pay to Landlord as Rent for the Premises, the sum of one dollar ($1) and each January 1 of each year of the Term thereafter.

Commencing on January 1, 2025 and on each January 1 thereafter during the Term, the amount of Rent payable to City will increase by 5% of the previous year’s rental payments until Tenant has received City-approved Hotel plans and Hotel construction has commenced.

Rent is due and payable on July 1, 2022, January 1, 2023, then January 1 of each year to the City at the address shown in Section 12.5.2 or such other place as the City may designate in writing. In the event the Tenant fails to pay Rent by the close of business on the fourth day of each month or the Tenant’s check is returned by the financial institution which it is drawn for insufficient funds, the Tenant shall pay the City (i) One Hundred Dollars ($100) as a late fee (the “Late Payment Penalty”) and (ii) five percent (5%) interest accrued daily on such Late Rent due to the City, which must be included with the payment of Rent.

2.3 Additional Rent. As additional rent (the “Additional Rent”), the Tenant shall pay and discharge when due, all insurance premiums, utility costs, and all other liabilities and obligations which the Tenant assumes or agrees to pay or undertake pursuant to this Lease.

3. Exhibit A is amended as follows:
1078

EXHIBIT A

PROPERTY
The approximately 1,420 square foot modular building and 2,688 square feet of associated and adjacent fenced-in back yard space on certain parcels of land situated in the City of Pittsburg, County of Contra Costa, State of California, referred to as Resultant Lots 1 and 2 of parcel map waiver 19-03, as described in document number 2019-0166581-00, recorded on October 3, 2019 in the Office of the Recorder, County of Contra Costa, State of California, and more particularly described as follows:
1079
1080
(Remainder Of Page Intentionally Left Blank)
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4. Authority. Each individual executing this First Amendment on behalf of a party hereto represents and warrants that such party has full right and authority to execute and deliver this First Amendment and that each person signing on behalf of such party is authorized to do so.

IN WITNESS WHEREOF, the Tenant and Lessor are signing this First Amendment as of the Effective Date.

LESSOR:

CITYOF PITTSBURG,
a municipal corporation
By:____________________________
Garrett Evans
City Manager
TENANT:

Global Resources Trading, LLC
By:
_______________________________
Peter Nguyen
CEO

APPROVED AS TO FORM
By:____________________________
Donna Mooney
City Attorney

By:____________________________
City Clerk

1082
FIRST AMENDMENT TO LEASE AGREEMENT By and between THE CITY OF PITTSBURG and GLOBAL RESOURCES TRADING LLC
31 Marina Boulevard
THIS FIRST AMENDMENT TO LEASE AGREEMENT (the "First Amendment"), is effective as of July 18, 2022 (the “Effective Date”), and is between the CITY OF PITTSBURG, a municipal corporation ("Lessor") and GLOBAL RESOURCES TRADING, LLC, a California limited liability company ("Tenant").

RECITALS
A. Lessor and Tenant entered into that certain Lease dated July 1, 2020 (the "Lease"), in connection with the lease of certain real property located at 31 Marina Boulevard in the City of Pittsburg, California.

B. Tenant wishes to lease adjacent properties for construction of a hotel, restaurants, and banquet facility (the “Hotel”).

C. In coordination with the Hotel construction Tenant has requested amendments to the terms the Lease including termination date, lease rate, and annual adjustments.

AGREEMENT

1. Definitions. All capitalized terms used in this First Amendment and not defined in this First Amendment will have the meanings ascribed in the Original Agreement.

2. Article II TERM OF LEASE; RENT; SECURITY DEPOSIT is
amended as follows:

2.1 Term. The term of this Agreement (the “Term”) shall commence on July 1, 2020 (the “Commencement Date”), and unless the Property is demolished with City approval or the Lease is terminated earlier pursuant to the provisions hereof, shall expire on June 7, 2071 (the “Expiration Date”). The expiration of the Term or the sooner termination of this Agreement is referred to herein as the “Lease Termination.”

2.2 Rent. Commencing January 1, 2021 (six months after the Effective Date), Tenant shall pay to Landlord as rent for the Premises, the sum of one thousand six 1083
hundred thirty-two dollars ($1,632) per month (the “Rent”) for the first year of the Term. Commencing on July 1, 2021, and on each July 1 thereafter during the Term, the amount of Rent payable to City will increase by 5% of the previous year’s rental payments.

Commencing on July 1, 2022, Tenant shall pay to Landlord as rent for the Premises, the sum of one dollar ($1) (“Rent”) for the first six (6) months of the Term.

On January 1, 2023, Tenant shall pay to Landlord as Rent for the Premises, the sum of one dollar ($1) Rent for months seven through eighteen (7-18) of the Term. If the Tenant has not received approved Hotel plans from the City and Tenant has not commenced Hotel construction by December 31, 2023, Tenant shall pay to Landlord on January 1, 2024 as rent for the Premises, the sum of twenty-three thousand eight hundred four dollars and forty-seven cents ($23,804.47) for months nineteen through thirty (19-30) of the Term. On January 1, 2025, Tenant shall pay to Landlord as rent for the Premises, the sum of twenty-four thousand nine hundred ninety-four dollars and forty-seven cents ($24,994.47) and each January 1 of each year of the term thereafter until Tenant has received City-approved Hotel plans and Hotel construction has commenced. Upon the first January 1 after Tenant has received City-approved Hotel plans and Hotel construction has commenced, Tenant shall pay to Landlord as Rent for the Premises, the sum of one dollar ($1) and each January 1 of each year of the Term thereafter.

Rent is due and payable on July 1, 2022, January 1, 2023, then January 1 of each year to the City at the address shown in Section 12.4.3 or such other place as the City may designate in writing. In the event the Tenant fails to pay Rent by the close of business on the fourth day of each month or the Tenant’s check is returned by the financial institution which it is drawn for insufficient funds, the Tenant shall pay the City (i) One Hundred Dollars ($100) as a late fee (the “Late Payment Penalty”) and (ii) five percent (5%) interest accrued daily on such Late Rent due to the City, which must be included with the payment of Rent.

3. Exhibit A is amended as follows:
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EXHIBIT A

PROPERTY
The approximately 1,700 square foot modular building and 2,300 square feet of associated and adjacent fenced-in back yard space on certain parcels of land situated in the City of Pittsburg, County of Contra Costa, State of California, referred to as Resultant Lot 1 of parcel map waiver 19-03, as described in document number 2019- 0166581-00, recorded on October 3, 2019 in the Office of the Recorder, County of Contra Costa, State of California, and more particularly described as follows:
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(Remainder Of Page Intentionally Left Blank)
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IN WITNESS WHEREOF, the Tenant and Lessor are signing this First Amendment as of the Effective Date.

LESSOR:

CITYOF PITTSBURG,
a municipal corporation
By:____________________________
Garrett Evans
City Manager
TENANT:

Global Resources Trading, LLC
By:
_______________________________
Peter Nguyen
CEO

APPROVED AS TO FORM
By:____________________________
Donna Mooney
City Attorney
City of Pittsburg
By:____________________________
City Clerk
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Combined Agency/City Council Minutes Page 1 of 6 June 20, 2022

CITY OF PITTSBURG

CITY COUNCIL/AGENCY CONCURRENT MEETING MINUTES
DATE: June 20, 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)
Mayor White called the meeting to order at 7:00 P.M. in the City Council Chamber at City Hall, 65 Civic Avenue, Pittsburg, CA after convening in Closed Session at 5:00 P.M. for the following items:

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

Property – 985 Railroad Avenue (085-195-010); Negotiator for the Housing Authority – Garrett Evans and Maria Aliotti; Negotiating Party – Gateway: Both price and terms of payment

2. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION pursuant to Section 54956.9(d)(1)
Save Mount Diablo v. City of Pittsburg et al., Contra Costa County Superior Court case no. CIVMSN21-0462

3. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Section 54957.6:

City designated representatives: Garrett Evans, Maria Aliotti, Jennifer Brizel 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 1088
Combined Agency/City Council Minutes Page 2 of 6 June 20, 2022 There was no reportable action taken during Closed Session.

ROLL CALL
Member Craft was absent and excused.

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.

PROCLAMATION

4. Chief Brian Addington

PRESENTATIONS

5. New Employee Introductions

6. Presentation by Pittsburg Athletic League (PAL)

7. Pittsburg Police Department Employees of the Year

CITY MANAGER REPORTS/REMARKS
City Manager Evans reported on upcoming City events. He also announced that Captain Albanese was selected as Police Chief to replace retiring Chief Addington.

PUBLIC COMMENTS
Joseph Terry representing PPOA endorsing Captain Albanese as incoming Chief.

Pete Longmire, Pittsburg, thanked the City for allowing him to be part of the selection of Captain Albanese as incoming Chief.

Dennisha Marsh thanked the City for allowing her to be part of the selection of Captain Albanese as incoming Chief.

Gregory Osorio, Pittsburg, thanked the City for involvement in the successful Juneteenth event over the weekend.

Wolfgang Croskey, thanked the City for allowing him to be part of the selection of Captain Albanese as incoming Chief.

COMMITTEE REPORTS
Member Killings, along with Vice-Mayor Scales-Preston, attended the Los Medanos Health Advisory Committee meeting.
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Combined Agency/City Council Minutes Page 3 of 6 June 20, 2022

PITTSBURG POWER COMPANY

PUBLIC HEARING

11. Adoption of a Pittsburg Power Company Resolution Approving Island Energy Fiscal Year 2022-2023 Annual Rate Case for Electricity and Natural Gas Retail Services on Mare Island
Chair White opened the public hearing. There being no one to speak to the item, Chair White closed the public hearing.

On Motion by Member Banales, seconded by Member Killings to adopt and carried by the following vote:

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

CITY COUNCIL MEETING

PUBLIC HEARING

12. Adoption of a City Council Resolution Approving the Community Development Block Grant 2022-2023 Annual Action Plan
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 Killings, seconded by Vice-Mayor Scales-Preston to adopt and carried by the following vote:

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

COMBINED CITY COUNCIL, PITTSURG ARTS AND COMMUNITY FOUNDATION,

PITTSBURG POWER COMPANY, SOUTHWEST PITTSURG GHAD II AND

SUCCESSOR AGENCY CONSIDERATION

13. Adoption of a City Council Resolution for Approval of the City of Pittsburg’s Operating Budget for Fiscal Year 22-23 and Appropriation of Funds for Fiscal Year 22-23 On Motion by Member Killings, seconded by Vice-Mayor Scales-Preston to adopt and carried by the following vote:

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

14. Adoption of a Pittsburg Arts and Community Foundation Resolution to Approve the Budget for Fiscal Year 22-23 and Appropriation of Funds for Fiscal Year 22-23 and Amending the Fiscal Year 2021-22 Budget Based on Year End Revenue and Expenditure Projections
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Combined Agency/City Council Minutes Page 4 of 6 June 20, 2022 On Motion by Vice-Chair Scales-Preston, seconded by Member Banales to adopt and carried by the following vote:

AYES: Banales, Killings, Scales-Preston
ABSTAIN: White
ABSENT: Craft

15. Adoption of a Pittsburg Power Resolution for Approval of the Budget for Fiscal Year 22-23 for the Pittsburg Power Company (PPC) and Appropriation of Funds for Fiscal Year 22-23
On Motion by Vice-Chair Scales-Preston, seconded by Member Banales to adopt and carried by the following vote:

AYES: Banales, Killings, Scales-Preston
ABSTAIN: White
ABSENT: Craft

16. Adoption of a GHAD II Resolution for Approval of the Budget for Fiscal Year 22-23 for the Southwest Pittsburg Geologic Hazard Abatement District II (GHAD II) and Appropriation of Funds for Fiscal Year 22-23
On Motion by Member Killings, seconded by Member Banales to adopt and carried by the following vote:

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

17. Adoption of a City Council Resolution to Adopt the Youth and Young Adult Services Master Plan
On Motion by Mayor White, seconded by Vice-Mayor Scales-Preston to adopt and carried by the following vote:

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

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

COMBINED CITY COUNCIL, PITTSBURG ARTS AND COMMUNITY FOUNDATION,

PITTSBURG POWER COMPANY, SOUTHWEST PITTSBURG GHAD II AND SUCCESSOR

AGENCY CONSENT CALENDAR
Peter Wilson, Pittsburg, asked the Council to deny the Animal Services Contract for 2022-23 (Item 17).

On Motion by Member Killings, seconded by Member Banales to adopt and carried by the following vote:
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Combined Agency/City Council Minutes Page 5 of 6 June 20, 2022 AYES: Banales, Killings, Scales-Preston, White
ABSENT: Craft

18. Minutes of June 6, 2022

19. Adoption of a Pittsburg Power Company Resolution Approving the 2022 Wildfire Mitigation Plan and Directing Staff to File the Wildfire Mitigation Plan with the Office of Energy Infrastructure Safety

20. Adoption of a Pittsburg Power Company Resolution Approving a Consultant Agreement with Dunbar and Associates for Fiscal Year 2022-2023

21. Adoption of a Pittsburg Power Company Resolution Authorizing the Executive Director to Enter into an Equipment Purchase Contract with Anixter-Eaton

22. 2021-2022 Budget Increases to Island Energy’s Wholesale Energy Procurement and Utility Sales Revenue

23. Adoption of a Pittsburg Power Company Resolution Approving the Refinancing of the Pittsburg Power Company Loan to Island Energy

24. Adoption of a City Council Resolution Establishing the Appropriation Limit for the 22-23 Fiscal Year in Accordance with Proposition 111 and Article XIII (B)

25. Adoption of a City Council Resolution Approving a List of Firms for On-Call Construction Material Testing, Environmental/Hazardous Material Testing, and Geotechnical Services for Capital Improvement Projects and Authorizing the City Manager to Enter into Agreements with Selected Firms

26. Adoption of a City Council Resolution Approving a List of Civil Engineering Firms for On-Call Professional Engineering Services and Authorizing the City Manager to Enter into Agreements with Selected Firms

27. Adoption of a City Council Resolution Approving a List of Civil Engineering Firms for On-Call Engineering Project Management Services and Authorizing the City Manager to Enter into Agreements with Selected Firms

28. Adoption of a City Council Resolution Making Findings in Support of Continuing to Hold Public Subcommittee Meetings by Teleconference Pursuant to California Government Code Section 54953(e)

29. Adoption of a City Council Resolution Authorizing Execution of the First Amendment to the Consultant Services Agreement with Cal Engineering & Geology for Staff Augmentation Services

30. Adoption of a City Council Resolution Accepting the Annual Water Shortage Assessment Report from the Pittsburg Water Department, Declaring a Level II Water Shortage in Concert with Contra Costa Water District, and Implementing Level I and Level II Demand Reduction Actions
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Combined Agency/City Council Minutes Page 6 of 6 June 20, 2022

31. Adoption of a City Council Resolution to Authorize the City Manager to Execute an Agreement Between the City of Pittsburg and Contra Costa County Animal Services for Fiscal Year 2022/23

32. Adoption of a City Council Resolution Extending the Economic Development Fee Reduction Program for Fiscal Year 2022-2023

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

COUNCIL MEMBER REMARKS
Vice-Mayor Scales-Preston thanked Reverend Osorio for once again coordinating and hosting the Juneteenth event.

ADJOURNMENT
The City Council adjourned at 9:43 P.M. to July 18, 2022.

Respectfully submitted,
Alice E. Evenson, City Clerk
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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 Designating a Voting Delegate at the League of California Cities Annual Conference in September 2022 MEETING DATE: July 18, 2022

EXECUTIVE SUMMARY
The League of California Cities advises the City Council to take action no later than September 2, 2022, to appoint a voting delegate for the City of Pittsburg at its Annual Conference to be held September 7-9, 2022 in Long Beach, California.

FISCAL IMPACT
There is no fiscal impact from this action.

RECOMMENDATION
Adopt the attached Resolution designating Vice-Mayor Shanelle Scales-Preston as the City of Pittsburg’s voting delegate at the League of California Cities Annual Conference in September 2022.

BACKGROUND
In order to vote at the League of California Cities 2022 Annual Conference Annual Business Meeting in Long Beach, California, voting delegates and alternates must be designated by the City Council. Attached is a copy of the notice received from the League of California Cities.

SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.
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STAFF ANALYSIS
Vice-Mayor Scales-Preston is fully registered to attend the League of California Cities Annual Conference this year. Designation of Vice-Mayor Scales-Preston is recommended.

ATTACHMENTS:

Resolution
2022 LOCC Voting Delegate Packet
Report Prepared By:

Alice E. Evenson, City Clerk
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BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:

Designating a Voting Delegate at the )
League of California Cities Annual ) RESOLUTION NO. 22- Conference in Long Beach, California )
September 7-9, 2022 )
WHEREAS, in order to vote at the League of California Cities 2022 Annual Conference Annual Business Meeting in Long Beach, California, voting delegates and alternates must be designated by the City Council; and
WHEREAS, Vice-Mayor Shanelle Scales-Preston is registered to attend the League of California Cities 2022 Annual Conference and Annual Business Meeting and should therefore be appointed the City of Pittsburg’s voting delegate and alternate.

NOW, THEREFORE BE IT RESOLVED that the City Council hereby appoints ViceMayor Shanelle Scales-Preston as the City of Pittsburg’s voting delegate at the League of California Cities 2022 Annual Conference and Annual Business Meeting in Long Beach.

PASSED AND ADOPTED by the City Council of the City of Pittsburg, at a regular meeting on the 18th day of July 2022, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Holland Barrett White, Mayor
ATTEST:

Alice E. Evenson, City Clerk
1096
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org DATE: June 1, 2022
TO: City Managers and City Clerks
RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference & Expo – September 7-9, 2022 Cal Cities 2022 Annual Conference & Expo is scheduled for September 7-9, 2022 in Long Beach. An important part of the Annual Conference is the Annual Business Meeting (during General Assembly) on Friday, September 9. At this meeting, Cal Cities membership considers and acts on resolutions that establish Cal Cities policy.

In order to vote at the Annual Business Meeting, your city council must designate a voting delegate. Your city may also appoint up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity.

Please complete the attached Voting Delegate form and return it to Cal Cities office no later than Friday, September 2. This will allow us time to establish voting delegate/alternate records prior to the conference.

Please view Cal Cities’ event and meeting policy in advance of the conference. • Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council.

When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken, or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone. • Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration will open by June 1 on the Cal Cities website. In order to cast a vote, at least one voter must be present at the Business Meeting and in possession of the voting delegate card. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the Voting Delegate Desk. This will enable them to receive the special sticker on their name badges that will admit them into the voting area during the Business Meeting.

Council Action Advised by August 31, 2022
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• Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the Business Meeting, they may not transfer the voting card to another city official. • Seating Protocol during General Assembly. At the Business Meeting, individuals with the voting card will sit in a separate area. Admission to this area will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. If the voting delegate and alternates wish to sit together, they must sign in at the Voting Delegate Desk and obtain the special sticker on their badges.

The Voting Delegate Desk, located in the conference registration area of the Long Beach Convention Center, will be open at the following times: Wednesday, September 7, 8:00 a.m. – 6:00 p.m.; Thursday, September 8, 7:00 a.m. – 4:00 p.m.; and Friday, September 9, 7:30 a.m.–12:30 p.m. The Voting Delegate Desk will also be open at the Business Meeting on Friday, but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.

Once again, thank you for completing the voting delegate and alternate form and returning it to Cal Cities office by Friday, September 2. If you have questions, please call Darla Yacub at (916) 658-8254.

Attachments:
• Annual Conference Voting Procedures
• Voting Delegate/Alternate Form
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1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org Annual Conference Voting Procedures

1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Annual Conference, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the Voting Delegate Form provided to the Cal Cities Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the Voting Delegate Desk in the conference registration area. Voting delegates and alternates must sign in at the Voting Delegate Desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the Business Meeting.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the Credentials Committee at the Voting Delegate Desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and be registered with the Credentials Committee. The voting card may be transferred freely between the voting delegate and alternates, but may not be transferred to another city official who is neither a voting delegate or alternate.

6. Voting Area at Business Meeting. At the Business Meeting, individuals with a voting card will sit in a designated area. Admission will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate.

7. Resolving Disputes. In case of dispute, the Credentials Committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the Business Meeting.
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CITY:________________________________________

2022 ANNUAL CONFERENCE

VOTING DELEGATE/ALTERNATE FORM
Please complete this form and return it to Cal Cities office by Friday, September 2, 2022. Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates.

To vote at the Annual Business Meeting (General Assembly), voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council.

Please note: Voting delegates and alternates will be seated in a separate area at the Annual Business Meeting. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the Voting Delegate Desk.

1. VOTING DELEGATE
Name:

Title:

2. VOTING DELEGATE - ALTERNATE 3. VOTING DELEGATE - ALTERNATE Name: Name:

Title: Title:

ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s).

Name: ____________________________________ Email_________________________________ Mayor or City Clerk_________________________ Date____________ Phone________________ (circle one) (signature) Please complete and return by Friday, September 2, 2022 to:

Darla Yacub, Assistant to the Administrative Services Director E-mail: [email protected]; Phone: (916) 658-8254

1100

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 Authorize the City Manager to Award a Contract for Water Treatment Plant Chemical Supply – Sodium Chlorite
MEETING DATE: July 18, 2022

EXECUTIVE SUMMARY
The Public Works Department is responsible for the maintenance and operation of the City’s Water Treatment Plant and solicits bids for necessary chemical supplies. The current contract for Sodium Chlorite expired on June 30, 2022. If approved, the resolution will authorize a purchase contract with vendor International Dioxcide, Inc. in an amount up to $120,000 for Sodium Chlorite.

FISCAL IMPACT
None from this action. Funding for water treatment chemical supply was approved by the City Council as part of the City’s Operating Budget for FY 2022-23 (Resolution No. 22- 14107). No new funds are requested.

RECOMMENDATION
City Council adopt the attached Resolution and authorize the City Manager to execute a contract with International Dioxide, Inc. in the amount of $120,000 for Sodium Chlorite.

BACKGROUND
The Public Works Department staffs and manages the operation and maintenance for the City’s 32 million gallon per day water treatment plant, eight distribution reservoirs, nine pumping stations and two wells, to reliably provide adequate supplies of highest quality drinking water that meet or exceed all federal and state requirements. Chemicals such as Sodium Chlorite are necessary for the water treatment process.

The current contract with International Dioxcide, Inc. for Sodium Chlorite expired on June 30, 2022.
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On June 20, 2022, the City Council adopted Resolution Number 22-14107 to approve the City’s Operating Budget for FY 2022-23, including the chemical supply budget for the Water Treatment Plant. No new funds are requested.

SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.

STAFF ANALYSIS
Water Treatment Plant staff developed and solicited bids from potential vendors for various chemicals necessary for the processes at the Water Treatment Plant. Bids were opened on June 9, 2022 and International Dioxide, Inc. was the only responsive bidder for Sodium Chlorite.

Staff recommends the City Council accept the bid submitted by International Dioxcide, Inc. as the only responsive bid submitted and authorize the City Manager to award a contract with International Dioxcide, Inc. in the amount of $120,000 for purchase of Sodium Chlorite.

ATTACHMENTS: Resolution
RFQ / Contract
Report Prepared By: Natasha Farmer, Public Works Administrative Analyst I 1102

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

Adopting Resolution Authorizing the City )
Manager to Award a Contract with ) RESOLUTION NO. 22-
International Dioxcide for the Water )
Treatment Chemical Supply - Sodium )
Chlorite )
WHEREAS, the Public Works Department is responsible to operate and maintain the City’s Water Treatment Plant; and
WHEREAS, Sodium Chlorite is an essential chemical to treat and provide drinking water to the residents of Pittsburg; and
WHEREAS, the City solicited bids for Sodium Chlorite and International Dioxcide, Inc. was the only responsive bidder; and
WHEREAS, staff recommends the City accept the bid submitted by International Dioxcide, Inc. as the only responsive bid for the purchase of this material necessary for treatment of the City’s drinking water; and
WHEREAS, sufficient funds to accommodate the purchase are available in the Fiscal Year 2022/23 Water Operations budget.

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Pittsburg hereby awards a contract to International Dioxcide, Inc. in the amount of $120,000 for Sodium Chlorite Chemical Supply for FY 2022-2023.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 18th day of July 2022, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
__________________________
Holland Barrett White, Mayor
ATTEST:
____________________________
Alice E. Evenson, City Clerk
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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 Accepting Project 5006, Water System Reliability Project Phase IA - Buchanan Road Emergency Waterline Repair as Complete and Direct the City Engineer to File a Notice of Completion
MEETING DATE: July 18, 2022

EXECUTIVE SUMMARY
Project 5006, Water System Reliability Project Phase IA - Buchanan Road Emergency Waterline Repair (Project), is one phase of a larger project that consists of emergency repairs to the 18-inch asbestos cement (AC) pipeline on Buchanan Road near the Buchanan Road Pump Station. This Resolution accepts the project as complete and directs the City Engineer to file the requisite notice of completion.

FISCAL IMPACT
Project 5006 is currently funded with $800,000 from Water Operations Fund (Fund 501). If approved, the Project total budget will be $170,000. After payment of all expenditures for design, construction, release of retention and project closeout, staff estimates a remaining balance of $25,061 to be returned to project 5006 for additional phases. A project budget summary is attached to this staff report.

A Project Budget Summary is attached to this report.

RECOMMENDATION
Staff recommends that City Council adopt the attached resolution accepting Project 5006, Water System Reliability Project Phase IA - Buchanan Road Emergency Waterline Repair as complete and direct the City Engineer to record the requisite notice of completion for the Project. Staff also recommends all unspent funds be returned to project 5006 for additional phases.
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BACKGROUND
On December 21, 2021, the City Council adopted Resolution 20-13859 approving Addendum 1 to the City’s Five-Year Capital Improvement Program for Fiscal Year 2019/20- 2023/24 and the appropriation of $800,000 from Fund 501 to Project 5006, Water System Reliability Project. This project includes the emergency repairs to the 18-inch waterline on Buchanan Road, looping the system near Brookside Drive and the Cabrillo Place waterline repair.

The Project is one part of the larger Water System Reliability Project, but due to the emergency nature, Phase 1A - Buchanan Road Emergency Waterline Repair was split off and bid separately. Staff will return to award the next phase at a later date.

On February 2, 2022, the City Council approved Resolution 22-14059 awarding reconstruction of the pump station to Devaney Engineering, Inc. with a bid of $99,000.

SUBCOMMITTEE FINDINGS
This item was not reviewed by a Subcommittee.

STAFF ANALYSIS
The scope of work for the Project consisted of emergency repairs to the 18-inch AC pipeline on Buchanan Road near the Buchanan Road Pump Station. This project included the installation of new valves, the replacement of a 90-degree elbow, and the installation of a new concrete thrust block. Phase 2 Brookside Drive Loop System Project was completed by Public Works while the contractor installed the valve for the Buchanan Road Project.

The Project included one contract change order that reduced the contract amount by $9,000 for a total contract amount of $90,000. This was done because different sized parts were needed, and Public Works had some of the items in stock. This eliminated any lead time needed for manufactures to provide the parts and kept the project on schedule.

The total anticipated expenditures for the Project is $144,939. After all expenditures are paid for design, construction, the release of retention and project closeout, there will be $25,061 remaining balance to be returned to project 5006 for additional phases.

The contractor reached substantial completion on May 19, 2022. The one-year warranty period began on May 19, 2022.

The Project was completed on time and within the budget approved by the City Council.

ATTACHMENTS: Resolution
Project Budget Summary
Notice of Completion
Report Prepared By: Andrew Peters, Assistant Engineer
1131

NOTICE OF COMPLETION
Recording Requested By: City of Pittsburg
Upon Recording Return To:

City of Pittsburg
Engineering Records
65 Civic Avenue
Pittsburg, CA 94565-3814
NOTICE IS HEREBY GIVEN PURSUANT TO SECTION 3093 OF THE CALIFORNIA CIVIL CODE:

1. That on the 23rd day of February 2022 the City of Pittsburg, State of California, did enter into a contract with:

Devaney Engineering, Inc.
3053 Fillmore Street #245
San Francisco, CA 94123
as Contractor for certain improvement work: To wit, Project 5006, Buchanan Road Emergency Waterline Repair Project in Pittsburg, California of which the City of Pittsburg is the Owner in fee.

2. That the surety upon the bond of the Contractor for said improvement work is:

The Ohio Casualty Insurance Company
1340 Treat Blvd., Suite 400
Walnut Creek, CA 94597

3. That the real property herein referred to is situated in the City of Pittsburg, County of Contra Costa, State of California, and is described as follows:

One location is on Buchanan Road near the Buchanan Road Pump Station and the second is on Buchanan Road south of 4195 Brookside Drive.

4. That said improvement work was accepted by the City Council of the City of Pittsburg as complete on the 18th day of July 2022.
____________________________________________
Richard Abono
Director of Public Works/City Engineer, City of Pittsburg State of California )
County of Contra Costa )

5. I, Richard Abono, being first duly sworn, depose and say that: I am the Director of Public Works and City Engineer of the City of Pittsburg, a municipal corporation of the State of California, and I am authorized to make this verification for, and on behalf of, said City, that I have read the foregoing Notice of Completion and know the contents thereof; and the same is true to the best of my knowledge and belief.
____________________________________________
Richard Abono
Director of Public Works/City Engineer, City of Pittsburg A notary public or other officer completing this certificate Verifies only the identity of the individual who signed the Document to which this certificate is attached, and not the truthfulness, accuracy. or validity of that document.

State of California )
County of Contra Costa )
Subscribed and sworn to (or affirmed) before me on this day of , 2022 by Richard Abono proved to me on the basis of satisfactory evidence to be the person who appeared before me. I certify under PENALTY OF PURJURY under the laws of the State of California that the foregoing paragraph is true and correct.
_________________________________________
Cathleen Slaga, Notary Public
1132
Project Funding: Water Operations Fund (Fund 501) $800,000 Funding Total $800,000
Project Expenditures:

Design: $18,735
(Code 2122)
Subtotal $18,735
Miscellaneous: Advertising $643
(Code 1399) Reproduction
Postage
Subtotal $643
Construction: Base Bid $99,000
(Code 2281) Construction Contingency -$9,000
City Provided Parts $16,565
Subtotal $106,565
Staff Time: Staff Costs During Design $2,896
(Code 1101) $10,000
Subtotal $12,896
Admin: Overhead Costs During Design Management $2,058
(Code 2372) $4,043
Subtotal $6,101
$170,000
$144,939
Return to Project 5006 $25,061
Total Left in Project 5006 Account $655,061
Actual Total Expenditures for Phase 1A
Estimated Total Expenditures for Phase 1A
Project Budget Summary
Project 5006, Water System Reliability Project
Phase 1A-Buchanan Road Emergency Waterline Repair Project Consultant Design
Staff Costs During Construction Management
Overhead Costs During Construction Management
1133
Resolution No. 22- Page 1 of 2 July 18, 2022

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

Accepting Project 5006, Buchanan )
Road Emergency Waterline Repair, ) RESOLUTION NO. 22-
as Complete and Directing )
the City Engineer to File the )
Notice of Completion )
WHEREAS, Project 5006, Buchanan Road Emergency Waterline Repair Project (Project) consists of emergency repairs to the 18-inch asbestos cement pipeline on Buchanan Road near the Buchanan Road Pump Station; and
WHEREAS, on December 21, 2020, the City Council adopted Resolution 20-13859 approving Addendum 1 to the City’s Five-Year Capital Improvement Program for Fiscal Years 2019/20-2023/24 and the appropriation of $800,000 from Water Operations Fund (Fund 501) to the Project; and
WHEREAS, advertising for the Project began on January 12, 2022. Bids for the Project's construction were opened on February 2, 2022. Of the twelve bid proposals received, Devaney Engineering was the most qualified lowest bidder with a Base Bid of $99,000; and
WHEREAS, on February 2, 2022, the City Council approved Resolution 22-14059 awarding reconstruction of the pump station to Devaney Engineering, Inc., with a bid of $99,000; and
WHEREAS, the Project included one contract change order that reduced the contract by $9,000 for a total contract amount of $90,000. The change was the result of finding needed parts already in Public Works’ stock. This eliminated any lead time and kept the project on schedule; and
WHEREAS, Devaney Engineering reached substantial completion on May 19, 2022. The one-year warranty period began on May 19, 2022; and WHEREAS, the total anticipated expenditures for the Project are $144,939. After all expenditures are paid for design, construction, release of retention, and project closeout, there will be $25,061 in remaining balance to be returned to project 5006 for additional phases; and
WHEREAS, staff requests City Council accept the project as complete and direct the City Engineer to file the Notice of Completion.

NOW, THEREFORE BE IT RESOLVED that the City Council hereby accepts the above recitals to be true, correct, and incorporated herein, accepts the Project as complete, and directs the City Engineer to record the Notice of Completion with the Office of the Recorder of the County of Contra Costa, State of California, within 10 days from the date hereof.
1134
Resolution No. 22- Page 2 of 2 July 18, 2022
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 18th day of July 2022, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Holland Barrett White, Mayor
ATTEST BY:

Alice E. Evenson, City Clerk
1135

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 and Authorizing a Consultant Agreement for Design of Project 3080 - Delta View Sports Fields
MEETING DATE: July 18, 2022

EXECUTIVE SUMMARY
Delta View Sports Fields Project 3080 (the Project) is the construction of three multipurpose fields south of West Leland Road and east of John Henry Johnson Parkway on City property formerly used for the municipal golf course. The design contract with Gates + Associates will include features to include lighting, landscape design, paved and unpaved walkways, restrooms, and site furnishings.

FISCAL IMPACT
The proposed design services fee for the Project is $615,000.

City Council Resolution 22-14042 adopted on January 18, 2022, approved the project design budget of $600,000. An additional $215,000 is needed to reach the estimated cost for design services and assistance with permitting, and bid support.

A Budget Summary is attached.

RECOMMENDATION
City Council adopt the attached resolution approving and authorizing the City Manager to execute an agreement with Gates + Associates in the amount of $615,000 for design services of Project 3080 - Delta View Sports Fields.

BACKGROUND
On January 18, 2022, City Council adopted Resolution 22-14042 allocating funding for design of the Project that will develop sports fields on approximately 10 acres of land at the former Delta View Golf Course. This project will return public property to active recreational use and alleviate overcrowding on the City’s other sports facilities. 1136
On May 31, 2022, a Request for Proposal (RFP) was issued for design services. RFPs were sent to fifteen design firms, to IMS, a design marketing outreach firm, and it was posted on the City’s website.

On June 15, 2022, proposals were received from two consultants and were evaluated by staff. Gates + Associates was ranked as the most qualified bidder with a bid of $615,000.

SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.

STAFF ANALYSIS
Our Consultant Selection Committee members reviewed each proposal, evaluated strengths and weaknesses, and independently assigned a weighted score.

Gates + Associates was ranked as the most qualified based on their proposal. The firm has extensive experience with design of multi-purpose sports fields and park projects, their staff has expertise in this field and a history of providing high-quality design services to the City and other entities.

ATTACHMENTS: Resolution
Budget Summary
Consulting Agreement and Certificate of Insurance
Report Prepared By: Bruce Zaeni, Senior Civil Engineer
1137
Resolution No. 22- Page 1 of 1 July 18, 2022

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

A Resolution Approving and Authorizing )
The City Manager to Execute a Consultant )
Agreement for Design of Project 3080, ) RESOLUTION NO. 22 - Delta View Sports Fields )
WHEREAS, Project 3080, Delta View Sports Fields is for construction of three multipurpose fields, lighting, walking trails, restrooms, and parking south of West Leland Road and east of John Henry Johnson Parkway on City property formerly used for the municipal golf course; and
WHEREAS, this project will return public property to active recreational use and alleviate overuse and overcrowding on the City’s other sports facilities; and WHEREAS, staff estimates the cost for design services and assistance with permitting, design and bid support to be $615,000; and
WHEREAS, Project design expenditures will come from Park Dedication In Lieu Funds (Fund 304), and
WHEREAS, Gates + Associates was the lowest most qualified bidder with a bid for design services of $615,000.

NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby approves and authorizes the City Manager to execute an agreement with Gates + Associates for design of Project 3080, Delta View Sports Fields, in an amount not to exceed $615,000.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 18th the day of July 2022, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
_____________________________
Holland Barrett White, Mayor
ATTEST:
____________________________
Alice E. Evenson, City Clerk
1138
Exhibit A - Project Budget Summary
Contract 2021-20, Delta View Sports Fields
Project 3080
Project Funding
Park Dedication In-Lieu Funds (Fund 304) $815,000
Funding Total $815,000
Project Expenditures:

Design: Conceptual Engineering -(BKF) $49,000
(Code 2122) Conultant Engineering and Land Surveying $615,000 Staff Support $100,000
Subtotal $764,000
Miscellaneous: Advertising $1,000
(Code 1399) Reproduction $500
Postage $500
Environmental Permitting $25,000
Subtotal $27,000
Construction
(Code 2281) Construction
Construction Contingency (~10%)
Project Management
$0
Staff Time: Staff Design $12,000
(Code 1101) Staff Construction Management
Subtotal $12,000
Admin Overhead Staff Design $12,000
(Code 2372) Staff Construction Management
Subtotal $12,000
Estimated Total Expenditures $815,000
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ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?

INSR ADDL SUBR

LTR INSD WVD
PRODUCER CONTACT NAME: PHONE FAX
(A/C, No, Ext): (A/C, No): E-MAIL ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $
PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY JECT LOC PRODUCTS - COMP/OP AGG OTHER: $ COMBINED SINGLE LIMIT
(Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $
$ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $
DED RETENTION $ PER OTH- STATUTE ER
E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $
If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT INSURER(S) AFFORDING COVERAGE NAIC #

COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
7/7/2022
License # 0E67768
(925) 918-4540
13056
David L. Gates & Associates, Inc.
1655 North Main Street, Suite 365
Walnut Creek, CA 94596
34690
11150
A 2,000,000
X X PSB0002427 9/1/2021 9/1/2022 1,000,000
10,000
2,000,000
4,000,000
4,000,000
A 1,000,000
X X PSA0002112 9/1/2021 9/1/2022
A 5,000,000
PSE0001757 9/1/2021 9/1/2022 5,000,000
B
X 57WEGAH4U9J 9/1/2021 9/1/2022 1,000,000 N 1,000,000
1,000,000
C Professional Liab. PAAEP0114202 9/1/2021 Per Claim 2,000,000 C Professional Liab. PAAEP0114202 9/1/2021 9/1/2022 Aggregate 4,000,000 All operations of the Named Insured, including the aforementioned project, if any.

General Liability: City of Pittsburg is included as Additional Insured on Primary & Non-Contributory basis with Waiver of Subrogation included, as required by written contract.

Auto Liability: City of Pittsburg is included as Additional Insured with Waiver of Subrogation included, as required by written contract.

Workers' Compensation: Waiver of Subrogation is in favor of City of Pittsburg , as required by written contract.

City of Pittsburg
65 Civic Avenue
Pittsburg, CA 94565
DAVILGA-01 THAKAREB
IOA Insurance Services
3875 Hopyard Road
Suite 200
Pleasanton, CA 94588
Gloria Page
[email protected]
RLI Insurance Company
Property & Casualty Insurance Company of Hartford
Arch Insurance Company
X
9/1/2022
X
X
X
X
X
X
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1186

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 Accept Project 2207, West Leland Road Safety Improvement Project as Complete and Authorize the City Engineer to File a Notice of Completion
MEETING DATE: July 18, 2022

EXECUTIVE SUMMARY
Project 2207, West Leland Road Safety Improvement Project (Project) constructed safety measures at various locations along West Leland Road. This Resolution will accept the construction contract as complete and authorize the City Engineer to file a notice of completion.

FISCAL IMPACT
The Project was funded with a combination of West Leland Road Pavement Markers/Markings and Speed Signage Improvements (3113), West Leland Road Pavement Delineation, Warning Signage, High Visibility Crosswalk Improvements and Traffic Signal Modification at Range Road (3114), and West Leland High Friction Surface Treatment (2207) projects. The Project had an approved budget of $1,361,500 which included $1,190,620 from the Highway Safety Improvement Program (HSIP) Cycle 7 grant, $60,880 of Gas Tax funding and $110,000 of Measure J funding.

After payment of all expenditures for design, construction, release of retention and project close out, staff estimates there will be a remaining balance of $140,492, which will be returned to funding source for use on future projects.

A Project Budget Summary is attached to this staff report.

RECOMMENDATION
City Council adopt the attached resolution accepting Project 2207, West Leland Road Safety Improvement Project as complete and authorize the City Engineer to execute a Notice of Completion for the Project. Staff recommends all unspent funds be returned to the source of funds for use on other projects.
1187

BACKGROUND
On December 11, 2015, California Department of Transportation (Caltrans) notified staff that the City was selected to receive Highway Safety Improvement Program (HSIP) Cycle 7 funding in the amount of $1,190,620 for three projects to improve safety on West Leland Road, Federal Aid Project HSIPL-5127(031). The three projects were combined into the Project to construct the safety improvements along West Leland Road.

On December 18, 2017, the City Council adopted Resolution 17-13404 authorizing the City Manager to execute a Consultant Agreement with TJKM in the amount of $158,646 for design of the Project.

On June 15, 2020, the City Council approved Resolution 20-13793 awarding a construction contract to American Civil Constructors West Coast (Contractor) in the amount of $942,100.

SUBCOMMITTEE FINDINGS
This item was not reviewed by a subcommittee.

STAFF ANALYSIS
The Project made various safety improvements along West Leland Road. During construction there were a total of four contract change orders issued in the amount of $93,179.06.

The Contractor reached substantial completion of the entire Project on January 13, 2022.

The one-year warranty period is separated by two different portions of work. The first warranty period, which began on August 1, 2021, covers the work completed from the following stations and locations; 36+00 to 103+00, 108+00 to 120+00, 122+00 to 126+50, 130+50 to 142+00, 143+00 to 152+00, 153+00 to 171+00, 170+00 to 175+50, Railroad Avenue and California Avenue intersection, and East Leland Road and Loveridge Road intersection. The above stations and locations listed do not include the sidewalk work at 213 West Leland Road. The one-year warranty period for the remaining locations of the project began on January 13, 2022.

The total anticipated expenditures for the Project are $1,221,008. After all Project expenditures are paid, unexpended funds totaling $140,492 will be returned to the source for use on other projects.

The project was completed on time and within the budget approved by the City Council.

ATTACHMENTS: Resolution
Budget Summary
Notice of Completion
Report Prepared By: Gabriel Piña, Associate Engineer
1188
Resolution No. 22- Page 1 of 2 July 18, 2022

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

Accepting Project 2207, West Leland )
Road Safety Improvement Project as ) Resolution No. 22- Complete and Authorizing the City )
Engineer to File a Notice of )
Completion )
WHEREAS, on December 11, 2015, the California Department of Transportation (Caltrans) notified staff that the City was selected to receive Highway Safety Improvement Program (HSIP) Cycle 7 funding in the amount of $1,190,620 for Federal Aid Project HSIPL-5127(031) to improve safety on West Leland Road; and WHEREAS, Project 2207, West Leland Road Safety Improvement Project (Project), included the installation of speed warning signs, centerline rumble strips, high friction surface treatments, traffic signal modifications, and striping through signalized intersections along West Leland Road; and
WHEREAS, on December 18, 2017, the City Council adopted Resolution 17-13404 authorizing the City Manager to execute a Consultant Agreement with TJKM in the amount of $158,646 for design of the Project; and
WHEREAS, bids for construction of Project 2207 were opened on May 6, 2020, and American Civil Constructors West Coast was the lowest most qualified bidder with a base bid in the amount of $894,280; and
WHEREAS, there was one alternate bid item for $47,820 and four contract change orders in the amount of $93,179.06 for a total contract amount of $1,035,279.06; and WHEREAS, the one-year warranty period began, for a portion of the work, on August 1, 2021 and began on January 13, 2022 for the remainder of the work; and WHEREAS, the total anticipated expenditures for the Project including design, construction, and staff costs are $1,221,008 and the remaining balance of $140,492 will return to the source for use on other projects; and
WHEREAS, staff requests that the City Council accept the Project as complete and authorize the City Engineer to file a Notice of Completion for the Project.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Pittsburg hereby accepts the above recitals to be true, correct, and incorporated herein, accepts the Project as complete, and authorizes and directs the City Engineer to execute a Notice of Completion and file said document with the Office of the Recorder of the County of Contra Costa, State of California, within 10 days from the date hereof. 1189
Resolution No. 22- Page 2 of 2 July 18, 2022
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 18th day of July 2022 by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Holland Barrett White, Mayor
ATTEST BY:

Alice E. Evenson, City Clerk
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Project Budget Summary
Contract 2015-11, West Leland Road Safety Improvement Project Project 2207
Current HSIP Grant Funding Project 3113 $376,800
Current HSIP Grant Funding Project 3114 $265,900
Current HSIP Grant Funding Project 2207 $547,920
Gas Tax Funding $60,880
Project Funding: Measure J Funding $110,000
Funding Total $1,361,500
Project Expenditures:

Design:
(Code 2122) Consultant Design $59,579
Subtotal $59,579
Miscellaneous: Advertising $600
(Code 1399) Other $395
Subtotal $995
Construction: Base Bid $942,100
Construction Contingency $93,179
Other $2,241
Subtotal $1,037,520
Staff Time:
(Code 1101) Salaries/Wages for Design and Construction $58,601 Subtotal $58,601
Administrative
Overhead: Staff Cost During Design and Construction $64,313 (Code 2372) Subtotal $64,313
Estimated Expenditures Total $1,221,008
Return to Source $140,492
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NOTICE OF COMPLETION
Recording Requested By: City of Pittsburg
Upon Recording Return To:

City of Pittsburg
Engineering Records
65 Civic Avenue
Pittsburg, CA 94565-3814
NOTICE IS HEREBY GIVEN PURSUANT TO SECTION 3093 OF THE CALIFORNIA CIVIL CODE:

1. That on the 17th day of June 2020 the City of Pittsburg, State of California, did enter into a contract with:

American Civil Constructors West Coast LLC
2990 Bay Vista Court, Suite D
Benicia, CA 94510
as Contractor for certain improvement work: To wit, Contract 2015-11, West Leland Road Safety Improvements Project in Pittsburg, California of which the City of Pittsburg is the Owner in fee.

2. That the surety upon the bond of the Contractor for said improvement work is:

Argonaut Insurance Company
P.O. Box 469011
San Antonio, TX 78246

3. That the real property herein referred to is situated in the City of Pittsburg, County of Contra Costa, State of California, and is described as follows:

West Leland Road, Pittsburg, CA 94565

4. That said improvement work was accepted by the City Council of the City of Pittsburg as complete on the 18th day of July 2022.
________________________________________
Richard Abono
City Engineer, City of Pittsburg
State of California )
County of Contra Costa )

5. I, Richard Abono, being first duly sworn, depose and say that: I am the City Engineer of the City of Pittsburg, a municipal corporation of the State of California, and I am authorized to make this verification for, and on behalf of, said City, that I have read the foregoing Notice of Completion and know the contents thereof; and the same is true to the best of my knowledge and belief.
________________________________________
Richard Abono
City Engineer, City of Pittsburg
A notary public or other officer completing this certificate Verifies only the identity of the individual who signed the Document to which this certificate is attached, and not the truthfulness, accuracy. or validity of that document.

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 Execute Purchase Agreement for Water and Sewer Supplies MEETING DATE: July 18, 2022

EXECUTIVE SUMMARY
The Public Works Department maintains the City’s water distribution and sewer collection systems and each year solicits bids for water and sewer maintenance tools and supplies. If approved, the resolution will authorize a purchase contract with vendor R & B Company (a Core & Main Company) of Oakley, CA as the lowest responsive, responsible bidder in the amount of $210,000.

FISCAL IMPACT
None from this action. The City Council approved sufficient funds for the purchase of water and sewer supplies with adoption the City’s Operating Budget for Fiscal Year 2022-23 (Resolution 22-14107), including the Water Operations – Water Lines (501-44101) and Sewer Maintenance budget accounts (521-45101).

RECOMMENDATION
City Council adopt the attached Resolution authorizing the City Engineer to execute a Purchase Agreement with R & B Company of Oakley in the amount of $210,000 for Water and Sewer Supplies.

BACKGROUND
The Public Works Department maintains and performs scheduled and emergency repairs on approximately 225 miles of water mains, 5,900 isolation valves, 18,200 customer service lines and meters, and 1,840 fire hydrants to maintain system reliability and for regulatory compliance. Public Works also maintains and performs emergency and scheduled repairs on 176 miles of sewer mains, two sewer lift stations and 17,000 sewer lateral service lines (80 miles).
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The purchase of supplies necessary for these repairs is budgeted in the Water and Sewer Maintenance Operating budgets adopted by the City Council each fiscal year.

SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.

STAFF ANALYSIS
The Public Works Department solicited formal bids for Water and Sewer System supplies that will be needed for the upcoming fiscal year. Three vendors submitted bids. Staff recommends the City Council authorize the City Manager to execute a Purchase Agreement with R & B Company of Oakley, which submitted the lowest responsive, responsible bid proposal.

Pittsburg City CouncilJuly 18, 2022

Pittsburg City Council
July 18, 2022