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The Redevelopment Plan and the Project Area
Pursuant to the Redevelopment Law, the City adopted a plan (as amended, the “Redevelopment Plan”) for the Los Medanos Community Development Project (as subsequently expanded, the “Project Area”) by an ordinance adopted by the City Council on July 18, 1979. This project encircled four small redevelopment projects (Marina View, Riverside Mall, and Neighborhood Development Project Areas 1 and 2) that had been adopted in prior years. In 1980, the City Council merged all four projects together (this part of the Project Area is referred to as Los Medanos I). In 1983, three additional non-contiguous areas of the City added approximately 2,400 acres to the previously merged projects (referred to as Los Medanos II).
In 1993, the City Council adopted a third amendment to the Community Development Plan (the “Third Amendment”). The Third Amendment: 1) added four additional non-contiguous areas (referred to as Los Medanos III) to the Project Area; 2) substantially revised, restated and adopted the Amended and Restated Community Development Plan for the Los Medanos Community Development Project; and 3) increased the tax increment and bond limits of the Project Area.
The Project Area, comprised of approximately 6,562 acres, includes approximately
53.5% of the City, including the City’s downtown area. The Project Area is largely developed with a mixture of industrial, commercial and residential development. See “THE PROJECT AREA.”
Security for the Bonds
The Bonds are payable from, and secured by, an irrevocable pledge of the Subordinate Pledged Tax Revenues derived from the Project Area and certain other funds held by the Trustee under the Indenture. “Subordinate Pledged Tax Revenues” (defined herein and in the Indenture) primarily includes all taxes eligible for allocation to the Successor Agency pursuant to the Law in connection with the Project Area, which are collected by the County and available for payment on the Bonds on a subordinate basis to amounts required for payment of the Senior 1999 Bonds (defined below). Such taxes are placed in the RPTTF for transfer by the County Auditor-Controller to the Trustee pursuant to the Custody Agreement (as defined herein) for payment on the Senior 1999 Bonds and the Bonds.
Outstanding Senior 1999 Bonds. The payment of debt service on the Bonds is subordinate to the payment of debt service on the Redevelopment Agency of the City of Pittsburg, California Los Medanos Community Development Project Tax Allocation Bonds, Series 1999 (the “Senior 1999 Bonds”), which are capital appreciation bonds with an outstanding maturity value of $[45.44 million]. The Senior 1999 Bonds mature on August 1, 2030.
Tax Revenues Under the Dissolution Act. The Dissolution Act requires the County Auditor-Controller to determine the amount of property taxes that would have been allocated to the Former Agency had the Former Agency not been dissolved pursuant to the operation of AB 1X 26, using current assessed values on the last equalized roll on August 20, and to deposit that amount in the Redevelopment Property Tax Trust Fund (the “RPTTF”) for the Successor Agency established and held by the County Auditor-Controller pursuant to the Dissolution Act.
The Dissolution Act provides that any bonds authorized thereunder and issued by the Successor Agency will be considered indebtedness incurred by the dissolved Former Agency,
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with the same lien priority and legal effect as if the bonds had been issued prior to the effective date of AB 1X 26, in full conformity with the applicable provisions of the Redevelopment Law that existed prior to that date, and will be included in the Successor Agency’s Recognized Obligation Payment Schedule (as defined below). See “SECURITY FOR THE BONDS – Recognized Obligation Payment Schedules” herein.
The Dissolution Act further provides that bonds authorized thereunder and issued by the Successor Agency will be secured by a pledge of and lien on, and will be repaid from moneys deposited from time to time in, the RPTTF, and that property tax revenues pledged to any bonds authorized under the Dissolution Act, such as the Bonds, are taxes allocated to the Successor Agency pursuant to the provisions of the Redevelopment Law and the State Constitution which provided for the allocation of tax increment revenues under the Redevelopment Law. See “SECURITY FOR THE BONDS.”
Taxes levied on the property within the Project Area on that portion of the taxable valuation over and above the taxable valuation of the base year property tax roll of the Project Area, will be deposited in the RPTTF for transfer by the County Auditor-Controller to the Trustee in amounts corresponding to State approved debt service schedules on or about January 2 and June 1 of each year for deposit in a Special Fund established under the Indenture for payment on the Bonds.
The Successor Agency has no power to levy and collect taxes, and various factors beyond its control could affect the amount of Subordinate Pledged Tax Revenues available in any six-month period to pay the principal of and interest on the Bonds.
Reserve Insurance Policy
The Indenture requires that the Trustee deposit into the “Reserve Account” of the Debt Service Fund, the Reserve Requirement for the Bonds ($______________), which shall be satisfied by the delivery of a reserve fund insurance policy (the “Reserve Policy”) by _________ (the “Insurer”) on the Closing Date. The Successor Agency will have no obligation to replace the Reserve Policy or to fund the Reserve Account with cash if, at any time that the Bonds are Outstanding, any rating assigned to the Insurer is downgraded, suspended or withdrawn or amounts are not available under the Reserve Policy, other than in connection with a draw on the Reserve Policy.
Limited Obligations
The Bonds are special, limited obligations of the Successor Agency and are secured by an irrevocable pledge of and lien on, and are payable as to principal, interest and premium, if any, from Subordinate Pledged Tax Revenues and other funds. The Bonds, interest and premium, if any, are not a debt of the City, the County, the State or any of their political subdivisions except the Successor Agency, and none of the City, the County, the State nor any of their political subdivisions (except the Successor Agency) are liable thereon. The Bonds, interest thereon and premium, if any, are not payable out of any funds or properties other than those set forth in the Indenture. No member, officer, agent, or employee of the Successor Agency, the Oversight Board, the County Board of Supervisors or any person executing the Bonds is liable personally on the Bonds by reason of their issuance.
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Further Information
Brief descriptions of the Redevelopment Law, the Dissolution Act, the Refunding Law, the Bonds, the Indenture, the Successor Agency, the Former Agency and the City are included in this Official Statement. Such descriptions and information do not purport to be comprehensive or definitive. All references in this Official Statement to the Redevelopment Law, the Dissolution Act, the Refunding Law, the Bonds, the Indenture, the Constitution and the laws of the State as well as the proceedings of the Former Agency, the Successor Agency, the County and the City are qualified in their entirety by reference to such documents and laws.
References in this Official Statement to the Bonds are qualified in their entirety by the form included in the Indenture and by the provisions of the Indenture. Capitalized terms used in this Official Statement and not otherwise defined shall have the meanings given to such terms as set forth in the Indenture.
During the period of the initial offering of the Bonds, copies of the draft forms of all documents are available from the Underwriter or from the City Clerk, City of Pittsburg, 65 Civic Avenue, Pittsburg, CA 94565.
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REFUNDING PLAN
General
The Successor Agency or Former Agency, as applicable, previously issued the Prior Bonds to finance or refinance redevelopment projects within the Project Area. The Bonds are being issued to defease and refund, in full, the Prior Bonds; proceeds of the 2026 Series A Bonds will be used to refund the 2014 Bonds and the 2016 Series A Tax-Exempt Bonds, and proceeds of the 2026 Taxable Series B Bonds will be used to refund the 2006 Series A Taxable Bonds and the 2016 Series A Taxable Bonds.
Upon issuance of the Bonds, the Successor Agency will deliver the net proceeds of each series of Bonds, along with other available amounts, to the Trustee in its capacity as trustee for the Prior Bonds (the “Prior Bonds Trustee”), for deposit in redemption accounts established in connection with each series of the Prior Bonds. In accordance with Irrevocable Refunding Instructions given to the Prior Bonds Trustee, the amount deposited with the Prior Bonds Trustee will be used to defease and optionally redeem the 2006 Series A Taxable Bonds and the 2014 Bonds on the Closing Date, the 2016 Series A Taxable Bonds on or about August 1, 2026, and the 2016 Series A Tax-Exempt Bonds on or about September 1, 2026, in each case at a redemption price equal to 100% of the Prior Bonds to be redeemed, plus accrued interest thereon through the redemption date, without premium.
With respect to the redemption account for the 2016 Series A Tax-Exempt Bonds, the Trustee shall invest a portion of the funds deposited with it in the government securities identified in the Irrevocable Refunding Instructions, and hold the remaining portion in cash, uninvested which total amount shall be sufficient to make all payments required with respect to the 2016 Series A Tax-Exempt Bonds, as certified by ___, as verification agent.
The amounts held by the Prior Bonds Trustee for redemption of the Prior Bonds are irrevocably pledged solely to the amounts needed to defease and optionally redeem the Prior Bonds. Neither the amount deposited nor interest on the deposited funds, if any, will be available for the payment of debt service on the Bonds.
Sources and Uses of Funds
The estimated sources and uses of funds are summarized below. 2026
Series A Bonds
2026 Taxable
Series B Bonds Totals
Sources:
Principal Amount of Bonds $ $
Plus/Less: [Net]Original Issue Premium/Discount
Plus: Prior Bonds - Available Funds
Total Sources $ $
Uses:
Refunding of Prior Bonds
Costs of Issuance(1)
Total Uses $ $
(1) Costs of Issuance include Underwriter’s discount, fees and expenses for Bond Counsel, Disclosure Counsel, Agency Counsel, Municipal Advisor, Fiscal Consultant, Trustee, premium for the Reserve Policy, administrative costs, printing expenses, rating fee, and other costs related to the issuance of the Bonds.
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Debt Service Schedule
The following table shows the annual debt service schedule for the 2026 Series A Bonds and the 2026 Taxable Series B Bonds.
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
OF THE CITY OF PITTSBURG
Annual Debt Service Schedule
Bond Year
Ending
September 1
2026 Series A
Principal
2026 Series A
Interest
2026 Taxable
Series B Principal
2026 Taxable
Series B Interest
Total
Debt Service
2027
2028
2029
2030
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THE BONDS
Authority for Issuance
The issuance of the Bonds and the execution and delivery of the Indenture were authorized by the Successor Agency pursuant to a resolution adopted by the Successor Agency on April 20, 2026 (the “Resolution”), and approved by the Oversight Board pursuant to a resolution adopted on April 23, 2026 (the “Oversight Board Resolution”).
Pursuant to the Dissolution Act, written notice of the Oversight Board Resolution was provided to the California Department of Finance (“DOF”). On May 15, 2026, the DOF provided a letter to the Successor Agency stating that based on the DOF’s review and application of the law, the Oversight Board Resolution approving the Bonds is approved by the DOF.
Section 34177.5(f) of the Health and Safety Code provides that when, as here, a successor agency issues refunding bonds with the approval of the oversight board and the DOF, the oversight board may not unilaterally approve any amendments to or early termination of the bonds, and the scheduled payments on the bonds shall be listed in the Recognized Obligation Payment Schedule and are not subject to further review and approval by the DOF or the California State Controller.
Description of the Bonds
The Bonds will be issued and delivered in fully-registered form without coupons in the denomination of $5,000 or any integral multiple thereof for each maturity, initially in the name of Cede & Co., as nominee for The Depository Trust Company (“DTC”), as registered owner of all Bonds. The initially executed and delivered Bonds will be dated their respective Closing Dates and mature on September 1 in the years and in the amounts shown on the inside cover page of this Official Statement.
Interest on the Bonds will be calculated on the basis of a 360-day year of twelve 30-day months at the rates shown on the inside cover page of this Official Statement, payable semiannually on March 1 and September 1 in each year (each, an “Interest Payment Date”), commencing on March 1, 2027, by check mailed to the registered owners thereof or upon the request of the Owners of $1,000,000 or more in principal amount of Bonds, by wire transfer to an account in the United States which shall be designated in written instructions by such Owner to the Trustee on or before the Record Date preceding the Interest Payment Date. “Record Date” as defined in the Indenture means, with respect to any Interest Payment Date, the fifteenth day of the month preceding the month in which such Interest Payment Date falls.
One fully-registered bond will be issued for each maturity of the Bonds, each in the aggregate principal amount of such maturity, and will be deposited with DTC. See “APPENDIX G – Book-Entry Only System.”
No Redemption of Bonds
The Bonds are not subject to redemption prior to maturity.
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THE SUCCESSOR AGENCY AND THE DISSOLUTION ACT
Former Agency. The Former Agency was activated in 1958 by Resolution No. 3369 of the City Council of the City of Pittsburg under the provisions of the Redevelopment Law. Prior to the dissolution of redevelopment agencies, the Redevelopment Law authorized the financing of redevelopment projects through the use of tax increment revenues. This method provided that the taxable valuation of the property within a redevelopment project area on the property tax roll last equalized prior to the effective date of the ordinance which adopts the redevelopment plan became the base year valuation. Assuming the taxable valuation never dropped below the base year level, the taxing agencies thereafter received that portion of the taxes produced by applying then current tax rates to the base year valuation, and the redevelopment agency was allocated the remaining portion produced by applying then current tax rates to the increase in valuation over the base year. Such incremental tax revenues allocated to a redevelopment agency were authorized to be pledged to the payment of redevelopment agency obligations.
Dissolution of Former Agency. On June 29, 2011, Assembly Bill No. 26 (“AB 1X 26”) was enacted together with a companion bill, Assembly Bill No. 27 (“AB 1X 27”). The provisions of AB 1X 26 provided for the dissolution of all redevelopment agencies statewide as of February 1, 2012. The provisions of AB 1X 27 permitted redevelopment agencies to avoid such dissolution by the payment of certain amounts. A lawsuit was brought in the California Supreme Court, California Redevelopment Association, et al., v. Matosantos, et al., 53 Cal. 4th 231 (Cal.
Dec. 29, 2011), challenging the constitutionality of AB 1X 26 and AB 1X 27. On December 19, 2012, the California Supreme Court largely upheld AB 1X 26, invalidated AB 1X 27, and held that AB 1X 26 may be severed from AB 1X 27 and enforced independently. As a result of AB 1X 26 and the decision of the California Supreme Court in the California Redevelopment Association case, as of February 1, 2012, all redevelopment agencies in the State were dissolved, including the Former Agency, and successor agencies were designated as successor entities to the former redevelopment agencies to expeditiously wind down the affairs of the former redevelopment agencies.
The primary provisions enacted by AB 1X 26 relating to the dissolution and wind down of former redevelopment agency affairs are found in Parts 1.8 (commencing with Section 34161) and 1.85 (commencing with Section 34170) of Division 24 of the Health and Safety Code of the State, as amended on June 27, 2012 by Assembly Bill No. 1484 (“AB 1484”), enacted as Chapter 26, Statutes of 2012, and as further amended on September 22, 2015 by Senate Bill No. 107 (“SB 107”), enacted as Chapter 325, Statutes of 2015 (as amended from time to time, the “Dissolution Act”).
In accordance with the Redevelopment Law, redevelopment plans project areas were required to include certain limits on the financing of the redevelopment projects. These limits could include a time limit on the life of the redevelopment plan, a time limit on the incurrence of indebtedness, a time limit on the receipt of property tax increment and the repayment of indebtedness and a limit on the amount of bonded indebtedness outstanding at any time. As a result of the Dissolution Act, former tax increment limits set forth in redevelopment plans no longer apply for purposes of paying approved enforceable obligations.
By operation of law pursuant to Section 34173 of the Health and Safety Code, the City Council of the City acts as successor agency to the Former Agency. Subdivision (g) of Section 34173 of the Health and Safety Code, added by AB 1484, expressly affirms that the Successor Agency is a separate public entity and legal entity from the City, that the two entities shall not
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merge, and that the liabilities of the Former Agency will not be transferred to the City nor will the assets of the Former Agency become assets of the City. Most Successor Agency actions are subject to approval by an Oversight Board, as well as review by the DOF. California has strict laws regarding public meetings (known as the Ralph M. Brown Act) which generally make all Successor Agency and Oversight Board meetings open to the public in similar manner as City Council meetings.
The Successor Agency is tasked with expeditiously winding down the affairs of the Former Agency, pursuant to the procedures and provisions of the Dissolution Act.
The Successor Agency is governed by a five-member board which consists of all members of the City Council. The Mayor serves as the Chair of the Successor Agency. The Executive Director of the Successor Agency, who also serves as the City Manager, is appointed by the Successor Agency and serves as the administrative head of the Successor Agency.
Additional current City staff members are assigned to administer the Successor Agency.
Tax Increment Financing Under the Dissolution Act. Pursuant to subdivision (b) of Section 33670 of the Redevelopment Law and Section 16 of Article XVI of the State Constitution and as provided in the redevelopment plans for each redevelopment project area, taxes levied upon taxable property in the project area each year by or for the benefit of the State, any city, county, city and county, district, or other public corporation (herein sometimes collectively called “taxing agencies”) after the effective date of the ordinance approving the redevelopment plans, or the respective effective dates of ordinances approving amendments to the redevelopment plans that added territory to the project area, as applicable, are to be divided as follows:
(a) To Taxing Agencies: That portion of the taxes which would be produced by the rate upon which the tax is levied each year by or for each of the taxing agencies upon the total sum of the assessed value of the taxable property in the redevelopment project area as shown upon the assessment roll used in connection with the taxation of such property by such taxing agency last equalized prior to the effective date of the ordinances adopting the redevelopment plans, or the respective effective dates of ordinances approving amendments to the redevelopment plans that added territory to the redevelopment project area, as applicable (each, a “base year valuation”), will be allocated to, and when collected will be paid into, the funds of the respective taxing agencies as taxes by or for the taxing agencies on all other property are paid; and (b) To the Former Redevelopment Agency/Successor Agency: Except for that portion of the taxes in excess of the amount identified in (a) above which are attributable to a tax rate levied by a taxing agency for the purpose of producing revenues in an amount sufficient to make annual repayments of the principal of, and the interest on, any bonded indebtedness approved by the voters of the taxing agency on or after January 1, 1989 for the acquisition or improvement of real property, which portion shall be allocated to, and when collected shall be paid into, the fund of that taxing agency, that portion of the levied taxes each year in excess of such amount, annually allocated within the redevelopment plan limits, when collected will be paid into a special fund of the successor agency. Section 34172 of the Health and Safety Code provides that, for purposes of Section 16 of Article XVI of the State Constitution, the RPTTF shall be deemed to be a special fund of the successor agency to pay the debt service on indebtedness incurred by the former redevelopment agency or the successor to finance or refinance the redevelopment projects of the former redevelopment agency.
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That portion of the levied taxes described in paragraph (b) above, less amounts deducted pursuant to Section 34183(a) of the Health and Safety Code for permitted administrative costs of the county auditor-controller, constitute the amounts required under the Dissolution Act to be deposited by the county auditor-controller into the RPTTF for each successor agency. In addition, Section 34183 of the Health and Safety Code effectively eliminates the January 1, 1989 date from paragraph (b) above.
The Dissolution Act authorizes refunding bonds, including the Bonds, to be secured by a pledge of moneys deposited from time to time in the RPTTF held by the Contra Costa County Auditor-Controller, which are equivalent to the tax increment revenues that were formerly allocated under the Redevelopment Law to the Former Agency and formerly authorized under the Redevelopment Law to be used for the financing of redevelopment projects, less amounts deducted pursuant to Section 34183(a) of the Dissolution Act for permitted administrative costs of the county auditor-controller.
Impact of Dissolution on Redevelopment Tax Increment System. The Dissolution Act requires each county auditor-controller to determine, based on property taxes collected in a redevelopment project area, the amount of property taxes that would have been allocated to the former redevelopment agency (pursuant to subdivision (b) of Section 16 of Article XVI of the State Constitution) had the former redevelopment agency not been dissolved pursuant to the operation of AB X1 26, using current assessed values on the last equalized roll on August 20, and to deposit that amount in the RPTTF for the successor agency established and held by the county auditor-controller pursuant to the Dissolution Act.
Post-Dissolution Refunding Bonds. The Dissolution Act provides that any bonds authorized thereunder to be issued by a successor agency will be considered indebtedness incurred by the former redevelopment agency, with the same lien priority and legal effect as if the bonds had been issued prior to the effective date of AB X1 26, in full conformity with the applicable provisions of the Redevelopment Law that existed prior to that date, and will be included in the successor agency’s Recognized Obligation Payment Schedule (see “– Recognized Obligation Payment Schedules” below).
The Dissolution Act further provides that bonds authorized by the Dissolution Act to be issued by a successor agency will be secured by a pledge of, and lien on, and will be repaid from moneys deposited from time to time in the RPTTF, and that property tax revenues pledged to any bonds authorized to be issued by the successor agency under the Dissolution Act are taxes allocated to the successor agency pursuant to subdivision (b) of Section 33670 of the Redevelopment Law and Section 16 of Article XVI of the State Constitution.
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SECURITY FOR THE BONDS
Pledge of Subordinate Pledged Tax Revenues
The Bonds are payable from and secured by an irrevocable pledge of the Subordinate Pledged Tax Revenues to be derived from the Project Area. The term “Subordinate Pledged Tax Revenues,” as defined in the Indenture, means, for any period of time, (a) all taxes (including all payments, reimbursements and subventions, if any, specifically attributable to ad valorem taxes lost by reason of tax exemptions and tax rate limitations) eligible for allocation to the Successor Agency pursuant to the Law in connection with the Project Area during such period, excluding (i) amounts, if any, received by the Successor Agency pursuant to Section 16111 of the Government Code during such period, (ii) Senior Debt Service payable during such period, (iii) except to the extent subordinated to Senior Debt Service and debt service on the Bonds, (A) amounts, if any, payable to a taxing entity pursuant to Section 33607.5 of the California Health and Safety Code during such period and (B) amounts, if any, payable during such period under any Pass-Through Agreements.
Subordinate Pledged Tax Revenues additionally includes monies deposited from time to time in the RPTTF, as provided in paragraph (2) of subdivision (a) of Section 34183 of the Health and Safety Code, subject to the senior lien for payment of the Senior Debt Service. If, and to the extent, that the provisions of Section 34172 or paragraph (2) of subdivision (a) of Section 34183 are invalidated by a final judicial decision, then Subordinate Pledged Tax Revenues shall include all tax revenues allocated to the payment of indebtedness pursuant to Health & Safety Code Section 33670 or such other section as may be in effect at the time providing for the allocation of tax increment revenues in accordance with Article XVI, Section 16 of the California Constitution.
“Senior Debt Service” means, for any period of time, that portion of the principal amount of all Outstanding Senior 1999 Bonds that are Serial Obligations maturing on each principal payment date during such period, including the Final Compounded Amount of any Capital Appreciation Obligations and amounts, if any, required to be deposited in the Reserve Account under which the Senior 1999 Bonds were issued (the “Senior Resolution”) and any other amounts required to be deposited in the Accounts (as defined in the Senior Resolution) established under the Senior Resolution (Defined terms used in this definition are as defined in the Senior Resolution).
To enhance the security of the Prior Bonds, in 2014 the Successor Agency, the Contra Costa County Auditor-Controller and the Trustee entered into a “Custody Agreement” whereby the Contra Costa County Auditor-Controller transfers all amounts in the RPTTF to which the Successor Agency is entitled pursuant to the Dissolution Act and each DOF-approved ROPS. Under the Custody Agreement, after satisfying the requirements for deposit into the funds and accounts established for the Senior 1999 Bonds, the Trustee is instructed to deposit into the Debt Service Account established under the Indenture the amounts required to timely pay the debt service requirements on the Bonds.
Taxes levied on the property within the Project Area on that portion of the taxable valuation over and above the taxable valuation of the applicable base year property tax roll with respect to the various territories within the Project Area, after deducting the county administration costs will be deposited in the RPTTF for transfer by the County Auditor-Controller to the Custody Account on January 2 and June 1 of each year to the extent required for payments listed in the Successor Agency’s Recognized Obligation Payment Schedule in
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accordance with the requirements of the Dissolution Act. See “Submission of Recognized Obligation Payment Schedule” below. Moneys deposited by the County Auditor-Controller into the Custody Account will be transferred by the Custodian to the Trustee for deposit in the Special Fund established under the Indenture.
The Successor Agency has no power to levy and collect taxes, and various factors beyond its control could affect the amount of Subordinate Pledged Tax Revenues available in any six-month period to pay the principal of and interest on the Bonds.
The Bonds are limited obligations of the Successor Agency and as such are not debt of the City, the County, the State, or any of its political subdivisions other than the Successor Agency. The principal of, premium, if any, and interest on the Bonds are payable solely from the funds described herein, and neither the faith and credit nor the taxing power of the City, the County, the State, or any of its political subdivisions is pledged therefor. The Successor Agency has no taxing power.
Before it was amended by the Dissolution Act, the Redevelopment Law required each redevelopment agency to set aside not less than 20% of all tax increment generated in project areas into a low and moderate income housing fund to be used for the purpose of increasing, improving and/or preserving the supply of low and moderate income housing. These tax increment revenues were commonly referred to as “Housing Set-Aside.” The Dissolution Act eliminated the characterization of certain tax increment revenues as Housing Set-Aside and the Successor Agency is no longer required to deposit 20% of tax increment into the Low and Moderate Income Housing Fund. Upon issuance of the Bonds, the Successor Agency will not have any outstanding bonds secured by the Housing Set-Aside.
The Bonds are equally secured by and are payable from an exclusive pledge of Subordinate Pledged Tax Revenues, all moneys deposited in the Special Fund and the Debt Service Fund (including the Interest Account, the Principal Account, and the Reserve Account therein). The Subordinate Pledged Tax Revenues, so long as any Bonds are outstanding and provided that all deposits required to be made with respect to Senior 1999 Bonds have occurred, shall be deposited by the County in the Special Fund to the extent required under the Indenture, which fund is to be held by and maintained with the Trustee.
Recognized Obligation Payment Schedules
Submission of Recognized Obligation Payment Schedule. When initially enacted, the Dissolution Act required that not less than 90 days prior to each January 2 and June 1, successor agencies prepare, and submit to the successor agency’s oversight board and the DOF for approval, a Recognized Obligation Payment Schedule (the “Recognized Obligation Payment Schedule or “ROPS”) pursuant to which enforceable obligations (as defined in the Dissolution Act) of the successor agency are listed, together with the source of funds to be used to pay for each enforceable obligation. SB 107, adopted in 2015, requires the preparation of a ROPS process once a year (rather than twice a year under the former law). SB 107 also allows, subject to meeting certain conditions, an optional “Last and Final Recognized Obligation Payment Schedule,” under which and the Successor Agency would no longer submit a periodic ROPS. Under that procedure, the county auditor-controller remits the authorized funds to the successor agency in accordance with the approved Last and Final Recognized Obligation Payment Schedule until each remaining enforceable obligation has been fully paid. SB 107 provides that a Last and Final Recognized Obligation Payment Schedule can only be amended
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twice, and only with DOF and county auditor-controller approval. The City currently has no plans to submit a Last and Final Recognized Obligation Payment Schedule.
Payment of Amounts Listed on the Recognized Obligation Payment Schedule. As defined in the Dissolution Act, “enforceable obligation” includes bonds, including the required debt service, reserve set-asides, and any other payments required under the indenture or similar documents governing the issuance of the outstanding bonds of the former redevelopment agency or the successor agency, as well as other obligations such as loans, judgments or settlements against the former redevelopment agency or the successor agency, any legally binding and enforceable agreement that is not otherwise void as violating the debt limit or public policy, contracts necessary for the administration or operation of the successor agency, and, under certain circumstances, amounts borrowed from the successor agency’s low and moderate income housing fund.
A reserve may be included on the ROPS and held by the Successor Agency when required by a bond indenture or when the next property tax allocation will be insufficient to pay all obligations due under the provisions of the bonds for the next payment due in the following half of the calendar year.
Sources of Payments for Enforceable Obligations. Under the Dissolution Act, the categories of sources of payments for enforceable obligations listed on a ROPS are the following: (i) the low and moderate income housing fund, (ii) bond proceeds, (iii) reserve balances, (iv) administrative cost allowance (successor agencies are entitled to receive not less than $250,000, unless that amount is reduced by the oversight board), (v) the RPTTF (but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation or otherwise required under the Dissolution Act), or (vi) other revenue sources (including rents, concessions, asset sale proceeds, interest earnings, and any other revenues derived from the redevelopment agency, as approved by the oversight board). The Dissolution Act provides that only those payments listed in the ROPS may be made by a successor agency and only from the funds specified in the ROPS.
Order of Priority of Distributions from Redevelopment Property Tax Trust Fund.
Typically, under the RPTTF distribution provisions of the Dissolution Act, a county auditorcontroller is to distribute funds for each six-month period in the following order specified in Section 34183 of the Health and Safety Code:
(i) first, subject to certain adjustments for subordinations to the extent permitted under the Dissolution Act and no later than each January 2 and June 1, to each local successor agency and school entity, to the extent applicable, amounts required for pass-through payments such entity would have received under provisions of the Redevelopment Law, as those provisions read on January 1, 2011, including negotiated pass-through agreements and statutory pass-through obligations (note however, the such negotiated tax sharing payments and statutory pass-through payments have been made subordinate to debt service on the Bonds); (ii) second, on each January 2 and June 1, to the successor agency for payments listed in its ROPS, with debt service payments scheduled to be made for tax allocation bonds having the highest priority over payments scheduled for other debts and obligations listed on the ROPS;
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(iii) third, on each January 2 and June 1, to the successor agency for the administrative cost allowance, as defined in the Dissolution Act; and (iv) fourth, on each January 2 and June 1, to taxing entities any moneys remaining in the RPTTF after the payments and transfers authorized by clauses (i) through (iii), in an amount proportionate to such taxing entity’s share of property tax revenues in the tax rate area in that fiscal year (without giving effect to any pass-through obligations that were established under the Redevelopment Law).
Failure to Submit a Recognized Obligation Payment Schedule. The ROPS must be approved by the oversight board and must be submitted by a successor agency to the county administrative office, the county auditor-controller, the DOF, and the State Controller by February 1 of each year. If the successor agency does not submit a ROPS by the applicable deadline, the city or county that established the former redevelopment agency will be subject to a civil penalty equal to $10,000 per day for every day the schedule is not submitted to the DOF.
For additional information regarding procedures under the Dissolution Act relating to late ROPS and implications thereof on the Bonds, see “RISK FACTORS – Recognized Obligation Payment Schedule.”
Recognized Obligation Payment Schedule Covenant. In this regard, the Successor Agency covenants in the Indenture that it will comply with all of the requirements of the Redevelopment Law and the Dissolution Act.
The Successor Agency further covenants to take all actions required under the Law to include in the ROPS:
(i) scheduled debt service on all Outstanding Bonds, any amount required under this Indenture or to replenish the Reserve Account (and any subaccounts therein) established under the Indenture or the reserve account established under the Indenture for the Senior 1999 Bonds, and
(ii) amounts due to the provider of the municipal bond insurance policy, financial guaranty insurance policy or debt service reserve policy (including an issuer of a Qualified Reserve Account Credit Instrument under the Indenture) with respect to any Bonds,
(iii) amounts due to any provider of municipal bond insurance policy, financial guaranty insurance policy or debt service reserve policy delivered in connection with or pursuant to the Indenture,
in ROPS so as to enable the Auditor-Controller of the County of Contra Costa to distribute from the RPTTF to the Redevelopment Obligation Retirement Fund on each January 2 and June 1, as applicable, amounts required to enable the Successor Agency to pay or cause to be paid (i) timely principal of (including any mandatory sinking fund redemption amount), and interest on, the Senior 1999 Bonds and the Bonds on a timely basis, (ii) amounts owed to any provider of a municipal bond insurance policy, financial guaranty insurance policy or debt service reserve policy (including the Insurer or any other issuer of a Qualified Reserve Account Credit Instrument under the Indenture or under the Indenture for the Senior 1999 Bonds), (iii) amounts due to any provider of municipal bond insurance policy, financial guaranty insurance policy or debt service reserve policy pursuant to the Indenture or under the Indenture for the Senior 1999 Bonds, and (iv) all other amounts payable under the Indenture.
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The amounts received by the Successor Agency from the most recently approved ROPS that otherwise would have been applied to the payment of debt service on the Prior Bonds, shall be applied as provided in the Indenture to pay debt service on the Bonds.
In order to accomplish the foregoing, not later than February 1 of each year commencing February 1, 2027, so long as any Bonds are outstanding, the Successor Agency shall submit an Oversight Board-approved ROPS to the DOF and to the Contra Costa County Auditor-Controller that provides for the distribution of the following amounts:
(i) for distribution on June 1, the Senior Debt Service requirement and all debt service coming due and payable on all Senior 1999 Bonds and Outstanding Bonds on the next succeeding September 1, less any amounts on deposit for payment of those obligations;
(ii) for distribution on January 2, at least 50% (but, at the discretion of the Successor Agency, an amount up to 100%) of the Senior Debt Service and all debt service coming due and payable on all Senior 1999 Bonds and Outstanding Bonds on the next succeeding March 1 and September 1;
(iii) any amounts required to replenish the Reserve Account (and any subaccounts therein), any reserve account established for the Senior 1999 Bonds and any reserve account established in connection with or pursuant to the Indenture; (iv) amounts due to the Insurer or any other issuer of a Qualified Reserve Account Credit Instrument under the Indenture or under an insurance or surety bond agreement or otherwise required to replenish any reserve account established under the Indenture; and
(v) any amounts due and owing to any provider of a municipal bond insurance policy, financial guaranty insurance policy delivered in connection with or pursuant to the Indenture.
If any amounts then due and payable to the Insurer under this Indenture are not included on any current ROPS and the Successor Agency is then legally permitted to amend such ROPS, the Successor Agency will submit to the Oversight Board and the DOF a request to amend such ROPS to include such amounts then due and payable to the Insurer.
The foregoing actions will include, without limitation, placing on the periodic ROPS for approval by the Oversight Board and DOF the amounts to be held by the Successor Agency or the Trustee as a reserve until the next six-month period, as contemplated by Section 34171(d)(1)(A) of the Health and Safety Code, that are necessary to timely comply with the provisions of this Indenture.
The Bank of New York Mellon Trust Company, N.A., as custodian under the Custody Agreement, is currently receiving all amounts on deposit in the RPTTF directly from the Contra Costa County Auditor-Controller. The Successor Agency agrees to take all actions necessary under the Custody Agreement to ensure the timely payment of debt service on the Bonds.
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The Successor Agency has no power to levy and collect taxes, and various factors beyond its control could affect the amount of Subordinate Pledged Tax Revenues available in any six-month period to pay the principal of and interest on the Bonds (see “RISK FACTORS”).
Reserve Account; Reserve Policy
The Indenture requires that the Trustee deposit into the “Reserve Account” of the Debt Service Fund, the Reserve Requirement for the Bonds ($______________), which shall be satisfied by the delivery of a reserve fund insurance policy (the “Reserve Policy”) by the Insurer on the Closing Date. The Successor Agency will have no obligation to replace the Reserve Policy or to fund the Reserve Account with cash if, at any time that the Bonds are Outstanding, any rating assigned to the Insurer is downgraded, suspended or withdrawn or amounts are not available under a Reserve Policy, other than in connection with a draw on a Reserve Policy.
The amount available under the Reserve Policy shall be used and withdrawn by the Trustee solely for the purpose of making transfers to the Interest Account and the Principal Account in such order of priority, in the event of any deficiency at any time in any of such accounts with respect to the payment of debt service on the respective series of Bonds.
Outstanding Senior Obligations
The payment of debt service on the Bonds are subordinate to the payment of debt service on the Successor Agency’s Senior 1999 Bonds. Pursuant to the Indenture, the Successor Agency has agreed that, so long as the Bonds are outstanding, it will not issue any additional bonds (including refunding bonds) on parity with the Senior 1999 Bonds.
Statutory Pass-Through Amounts and Pass-Through Agreements Statutory Pass-Throughs. The payment of Statutory Pass-Through Amounts results from: (a) redevelopment plan amendments which add territory in existing project areas on or after January 1, 1994; and (b) redevelopment plan amendments which eliminate one or more limitations within a redevelopment plan (such as the removal of the time limit on the establishment of loans, advances and indebtedness). The calculation of the amount due to affected taxing entities is described in Sections 33607.5 and 33607.7 of the Redevelopment Law. The Successor Agency’s Statutory Pass-Through Amounts are payable on a subordinate basis to the Bonds. There are a number of pass-through payments of tax increment revenue required by the Redevelopment Law, as amended by AB 1290, which became law on January 1, 1994. The Project Area is subject to AB 1290 as a result of its amendment in 2004 to eliminate the last date to incur debt for a portion of the Project Area (the “Statutory PassThrough Amounts”). The statutory pass-through payments are made to taxing entities in amounts determined by the Redevelopment Law and are paid by the County Auditor-Controller directly to the affected taxing entities. See the captions “THE PROJECT AREA” for further information regarding the applicability of the statutory pass-through provisions of the Redevelopment Law and the Dissolution Act to the Project Area.
Section 33676 Payments. Pursuant to former Health and Safety Code Section 33676, applicable to redevelopment plans between January 1, 1984 and December 31, 1993, taxing entities were permitted to elect to receive, in addition to the taxes allocated to them pursuant to Health and Safety Code Section 33670(a), the amount of taxes that would otherwise be allocated to the Redevelopment Agency pursuant to Health and Safety Code Section 33670(b) attributable to (i) any increase in the taxing entity’s tax rate and (ii) in certain circumstances, the
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annual inflation adjustment in the assessed valuation of the secured property within a project area. In Santa Ana Unified School District v. Orange County Development Agency, the California Court of Appeal clarified that payments to school districts pursuant to Section 33676 are mandatory notwithstanding the failure of any such school district to elect to receive such payments. The City elected to receive such payments from the Los Medanos III subarea. All of the school districts in the Project Area have entered into Pass-Through Agreements and are not eligible to elect to receive such Section 33676 payments. In the Indenture, the Successor Agency acknowledges that payments made pursuant to Section 33676 of the Law are senior to the payment of debt service on the Bonds. See the Fiscal Consultant’s Report in Appendix C for more details.
Negotiated Pass-Through Agreements. Before 1994, under the Redevelopment Law, a redevelopment agency could enter into an agreement to pay tax increment revenues to any taxing agency that has territory located within a redevelopment project in an amount which in the redevelopment agency’s determination was appropriate to alleviate any financial burden or detriment caused by the redevelopment project. Such agreements normally provide for payment or pass-through of tax increment revenue directed to the affected taxing agency, and, therefore, are commonly referred to as pass-through agreements or tax sharing agreements.
The Successor Agency’s Pass-Through Agreements are all payable on a subordinate basis to the Bonds. See the Fiscal Consultant’s Report in Appendix C for more details.
In connection with the Third Amendment, the Former Agency entered into Pass-Through Agreements with the County , the Contra Costa County Mosquito Abatement District, the Contra Costa County Office of Education, the East Bay Regional Park District, the Antioch Unified School District, the Pittsburg Unified School District and the Contra Costa County Community College District (the “Pass-Through Agreements”). The Pass-Through Agreements generally provide that the Successor Agency will pass-through to each entity a portion of the tax revenues it would receive as a result of Third Amendment and, in the case of the County and the Pittsburg Unified School District, certain amounts from Los Medanos I and Los Medanos II. See Section VII of the Fiscal Consultant’s Report attached hereto as APPENDIX C for a summary of tax sharing payments.
The Former Agency and the Successor Agency had previously subordinated the PassThrough Agreements and Statutory Pass-Through Amounts to its outstanding Senior 1999 Bonds and Prior Bonds. [The Successor Agency has taken the requisite actions, under the Redevelopment Law and Dissolution Act, to subordinate the Statutory Pass-Through Payments and the Pass-Through Agreements owed to affected taxing entities to the pledge of Subordinate Pledged Tax Revenues to pay debt service on the Bonds.] The Successor Agency cannot guarantee that the process prescribed by the Dissolution Act of administering the Subordinate Pledged Tax Revenues and the subordinations of the Pass-Through Agreements and the Statutory Pass-Through Amounts will result in adequate Subordinate Pledged Tax Revenues for the payment of principal of and interest on the Bonds when due. See “SECURITY FOR THE BONDS – Recognized Obligation Payment Schedules” and “– Statutory Pass-Through Payments and Pass-Through Agreements” herein for additional information regarding the Pass-Through Agreements and the Statutory Pass-Through Amounts applicable to the Successor Agency and the Subordinate Pledged Tax Revenues.
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Insufficiency of Revenues
The Dissolution Act requires the County Auditor-Controller to distribute from the RPTTF amounts required to be distributed under the Pass-Through Agreements and for Statutory PassThrough Amounts to the taxing entities for each six-month period before amounts are distributed to the Custody Account each January 2 and June 1, unless (i) pass through payment obligations have previously been made subordinate to debt service payments for the bonded indebtedness of the Former Agency, as succeeded by the Successor Agency, (ii) the Successor Agency has reported, no later than the December 1 and May 1 preceding the January 2 or June 1 distribution date, that the total amount available to the Successor Agency from the RPTTF allocation to the Custody Account, from other funds transferred from the Successor Agency, and from funds that have or will become available through asset sales and all redevelopment operations is insufficient to fund the Successor Agency’s enforceable obligations (including the Bonds and the Senior 1999 Bonds), pass-through payments, and the Successor Agency’s administrative cost allowance for the applicable six-month period, and (iii) the State Controller has concurred with the Successor Agency that there are insufficient funds for such purposes for the applicable six month period.
If the requirements stated in clauses (i) through (iii) of the foregoing paragraph have been met, the Dissolution Act provides for certain modifications in the distributions otherwise calculated to be distributed for such six-month period. To provide for calculated shortages to be paid to the Successor Agency for enforceable obligations, the amount of the deficiency will first be deducted from the residual amount otherwise calculated to be distributed to the taxing entities under the Dissolution Act after payment of the Successor Agency’s enforceable obligations, pass-through payments, and the Successor Agency’s administrative cost allowance.
If such residual amount is exhausted, the amount of the remaining deficiency will be deducted from amounts available for distribution to the Successor Agency for administrative costs for the applicable six-month period in order to fund the enforceable obligations. Finally, funds required for servicing bonded indebtedness, in an amount not to exceed the subordinated Pass-Through Agreements and the Statutory Pass-Through Amounts may be deducted from the amounts to be distributed under Section 34183(a)(1) to other taxing agencies, in order to be paid to the Successor Agency for servicing bonded indebtedness, but only after the amounts described in the previous two sentences have been exhausted.
The Successor Agency has covenanted under the Indenture to provide insufficiency reports to the County Auditor-Controller as permitted under the Dissolution Act to the extent Subordinate Pledged Tax Revenues are insufficient to otherwise make all required debt service payments on the Bonds and the Senior 1999 Bonds.
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FACTORS AFFECTING TAX INCREMENT
Property Tax Collection Procedures
Classification. In California, property which is subject to ad valorem taxes is classified as “secured” or “unsecured.” Secured and unsecured property is entered on separate parts of the assessment roll maintained by county assessors. The secured classification includes property on which any property tax levied by a county becomes a lien on that property. A tax levied on unsecured property does not become a lien against the taxed unsecured property, but may become a lien on certain other property owned by the taxpayer. Every tax that becomes a lien on secured property has priority over all other liens on the secured property arising under State law, regardless of the time of the creation of other liens. See the caption “RISK FACTORS—Bankruptcy and Foreclosure” for certain limitations on the priority of secured tax liens under federal law, however.
Generally, ad valorem taxes are collected by a county for the benefit of the various taxing agencies (cities, schools and special districts) that share in the ad valorem tax (each, a taxing entity) and successor agencies eligible to receive distributions from the RPTTF.
Collections. The method of collecting delinquent taxes is substantially different for secured and unsecured property. Counties have four ways of collecting unsecured personal property taxes: (a) initiating a civil action against the taxpayer; (b) filing a certificate in the office of the county clerk specifying certain facts in order to obtain a judgment lien on certain property of the taxpayer; (c) filing a certificate of delinquency for record in the county recorder’s office to obtain a lien on certain property of the taxpayer; and (d) seizing and selling personal property, improvements or possessory interests belonging or assessed to the assessee. The exclusive means of enforcing the payment of delinquent taxes with respect to property on the secured roll is the sale of the property securing the taxes to the State for the amount of taxes which are delinquent.
Penalty. A 10% penalty is added to delinquent taxes which have been levied with respect to property on the secured roll. In addition, property on the secured roll on which taxes are delinquent is declared in default by operation of law and declaration of the tax collector on or about June 30 of each fiscal year. Such property may thereafter be redeemed by payment of the delinquent taxes and a delinquency penalty, plus a redemption penalty of 1.5% per month to the time of redemption. If taxes are unpaid for a period of five years or more, the property is deeded to the State and then is subject to sale by the county tax collector. A 10% penalty also applies to delinquent taxes with respect to property on the unsecured roll, and further, an additional penalty of 1.5% per month accrues with respect to such taxes beginning on varying dates related to the tax bill mailing date.
Delinquencies/Teeter Plan. The valuation of property is determined as of the January 1 lien date as equalized in August of each year and equal installments of taxes levied upon secured property become delinquent on the following December 10 and April 10. Taxes on unsecured property are due January 1 and become delinquent August 31. Under the Alternative Method of Distribution of Tax Levies and Collections and of Tax Sale Proceeds (known as the Teeter Plan), as provided for in Section 4701 et seq. of the Revenue and Taxation Code of the State, tax increment revenues are allocated to each taxing agency in a county without regard to delinquencies in the payment of property taxes. The County uses the Teeter Plan and the Successor Agency participates in the County’s Teeter Plan. As a result of this allocation method, the Successor Agency receives no adjustments for redemption
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payments on delinquent collections. The Successor Agency does receive supplemental taxes and refunds, if any, are deducted from amounts available for deposit to the RPTTF. There can be no assurance that the County Auditor-Controller will not change its policies with respect to delinquencies in property tax payments in the next four years.
Supplemental Assessments. California Revenue and Taxation Code Section 75.70 provides for the supplemental assessment and taxation of property as of the occurrence of a change of ownership or completion of new construction. Before the enactment of this law, the assessment of such changes was permitted only as of the next tax lien date following the change, which delayed the realization of increased property taxes from the new assessments for up to 14 months. Revenue and Taxation Code Section 75.70 provides increased revenue to the RPTTF to the extent that supplemental assessments of new construction or changes of ownership occur within the boundaries of the Project Area subsequent to the January 1 lien date. To the extent that such supplemental assessments occur within the Project Area, Subordinate Pledged Tax Revenues may increase. However, because supplemental assessments cannot be accurately projected, no provision has been made by the Fiscal Consultant to reflect the impact of supplemental assessments on Subordinate Pledged Tax Revenues.
Property Tax Administrative Costs. In 1990, the State Legislature enacted Senate Bill (“SB”) 2557 (Chapter 466, Statutes of 1990) which allows counties to charge for the cost of assessing, collecting and allocating property tax revenues to local government jurisdictions in proportion to the tax-derived revenues allocated to each. SB 1559 (Chapter 697, Statutes of 1992) explicitly includes redevelopment agencies among the jurisdictions which are subject to such charges. In addition, Sections 34182(e) and 34183(a) of the Health and Safety Code allow administrative costs of the County Auditor-Controller for the cost of administering the provisions of the Dissolution Act, as well as the foregoing SB 1559 amounts, to be deducted from property tax revenues before moneys are deposited into the RPTTF. See the Fiscal Consultant’s Report for more details.
Unitary Property
Assembly Bill (“AB”) 2890 (Statutes of 1986, Chapter 1457) provides that, commencing with fiscal year 1988-89, tax revenues derived from unitary property and assessed by the State Board of Equalization are accumulated in a single Tax Rate Area for the County. The tax revenues are then to be allocated to each taxing entity county-wide in accordance with AB 454 (Statutes of 1987, Chapter 921) which provides for the consolidation of all State-assessed property, except for regulated railroad property, into a single tax rate area in each county.
Chapter 921 further provides for a new method of establishing tax rates on State-assessed property and distribution of property tax revenue derived from State-assessed property to taxing jurisdictions within each county in accordance with a new formula. Railroads will continue to be assessed and revenues allocated to all tax rate areas where railroad property is sited.
According to the Fiscal Consultant’s Report, the Auditor Controller has allocated an aggregate total of $920,676 of unitary tax revenue to the Project Area for fiscal year 2025-26.
Article XIIIA of the State Constitution
On June 6, 1978, State voters approved an amendment (commonly known as Proposition 13 or the Jarvis-Gann Initiative) which added Article XIIIA to the State Constitution.
Article XIIIA limits the amount of ad valorem taxes on real property to 1% of “full cash value” of
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such property, as determined by the county assessor. Article XIIIA defines “full cash value” to mean “the county assessor’s valuation of real property as shown on the State fiscal year 1975- 76 tax bill under ‘full cash value,’ or, thereafter, the appraised value of real property when purchased, newly constructed, or a change in ownership has occurred after the 1975 assessment.” Furthermore, the “full cash value” of all real property may be increased to reflect the rate of inflation, as shown by the consumer price index, not to exceed 2% per year, or may be reduced.
Article XIIIA has subsequently been amended to permit reduction of the “full cash value” base in the event of declining property values caused by substantial damage, destruction or other factors, and to provide that there would be no increase in the “full cash value” base in the event of reconstruction of property damaged or destroyed in a disaster and in other special circumstances.
Article XIIIA (a) exempts from the 1% tax limitation the taxes to pay debt service on:
(a) indebtedness approved by the voters before July 1, 1978; or (b) bonded indebtedness for the acquisition or improvement of real property approved on or after July 1, 1978, by two-thirds of the votes cast by the voters voting on the proposition; (b) requires a vote of two-thirds of the qualified electorate to impose special taxes, or certain additional ad valorem taxes; and (c) requires the approval of two-thirds of all members of the State Legislature to change any State tax laws resulting in increased tax revenues.
The validity of Article XIIIA has been upheld by both the State Supreme Court and the United States Supreme Court.
In the general election held on November 4, 1986, voters of the State approved two measures, Propositions 58 and 60, which further amended Article XIIIA. Proposition 58 amended Article XIIIA to provide that the terms “purchase” and “change of ownership,” for the purposes of determining full cash value of property under Article XIIIA, do not include the purchase or transfer of (a) real property between spouses; and (b) the principal residence and the first $1,000,000 of other property between parents and children. This amendment to Article XIIIA may reduce the rate of growth of local property tax revenues.
Proposition 60 amended Article XIIIA to permit the State Legislature to allow persons over the age of 55 who sell their residence and buy or build another of equal or lesser value within two years in the same county to transfer the old residence assessed value to the new residence. As a result of the State Legislature’s action, the growth of property tax revenues may decline.
Legislation enacted by the State Legislature to implement Article XIIIA provides that all taxable property is shown at full assessed value as described above. In conformity with this procedure, all taxable property value included in this Official Statement is shown at 100% of assessed value and all general tax rates reflect the $1 per $100 of taxable value (except as noted). Tax rates for voter-approved bonded indebtedness and pension liabilities are also applied to 100% of assessed value.
Appropriations Limitation – Article XIIIB
On November 6, 1979, State voters approved Proposition 4 (also known as the Gann Initiative), which added Article XIIIB to the State Constitution. Article XIIIB limits the annual appropriations of the State and its political subdivisions to the level of appropriations for the prior
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fiscal year, as adjusted for changes in the cost of living, population and services rendered by the government entity. The “base year” for establishing such appropriations limit is State fiscal year 1978-79, and the limit is to be adjusted annually to reflect changes in population, consumer prices and certain increases in the cost of services provided by these public agencies.
Section 33678 of the Redevelopment Law provides that the allocation of taxes to a redevelopment agency for the purpose of paying principal of, or interest on, loans, advances, or indebtedness is not deemed to be the receipt by an agency of proceeds of taxes levied by or on behalf of an agency within the meaning of Article XIIIB, nor will such portion of taxes be deemed receipt of proceeds of taxes by, or an appropriation subject to the limitation of, any other public body within the meaning or for the purpose of the Constitution and laws of the State, including Section 33678 of the Redevelopment Law. The constitutionality of Section 33678 has been upheld in two State appellate court decisions. On the basis of these decisions, the Successor Agency does not believe that it is subject to Article XIIIB and has not adopted an appropriations limit.
Articles XIIIC and XIIID of the State Constitution
At the election held on November 5, 1996, Proposition 218 was passed by the voters of California. The initiative added Articles XIIIC and XIIID to the State Constitution. Provisions in the two articles affect the ability of local government to raise revenues. The Bonds are secured by sources of revenues that are not subject to limitation by Proposition 218. See the caption “— Propositions 218 and 26.”
Appeals of Assessed Values
Under State law, a property owner may apply for a reduction of the property tax assessment for such owner’s property by filing a written application, in a form prescribed by the State Board of Equalization, with the appropriate county board of equalization or assessment appeals board.
In the County, a property owner desiring to reduce the assessed value of such owner’s property in any one year must submit an application to the County Assessment Appeals Board (the “Appeals Board”). Applications for any tax year must be submitted by November 30 of such tax year. Following a review of each application by the staff of the County Assessor’s Office, the staff makes a recommendation to the Appeals Board on each application which has not been rejected for incompleteness or untimeliness or withdrawn. The Appeals Board holds a hearing and either reduces or confirms the assessment. The Appeals Board generally is required to determine the outcome of appeals within two years of each appeal’s filing date. Any reduction in the assessment ultimately granted applies only to the year for which application is made and during which the written application is filed. The assessed value increases to its prereduction level for fiscal years following the year for which the reduction application is filed.
However, if the taxpayer establishes through proof of comparable values that the property continues to be overvalued (known as “ongoing hardship”), the Assessor has the power to grant a reduction not only for the year for which application was originally made, but also for the thencurrent year as well. Appeals for reduction in the “base year” value of an assessment, which generally must be made within three years of the date of change in ownership or completion of new construction that determined the base year, if successful, reduce the assessment for the year in which the appeal is taken and prospectively thereafter. Moreover, in the case of any reduction in any one year of assessed value granted for “ongoing hardship” in the then-current year, and also in any cases involving stipulated appeals for prior years relating to base year and
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personal property assessments, the property tax revenues from which Subordinate Pledged Tax Revenues are derived attributable to such properties will be reduced in the then-current year. In practice, such a reduced assessment may remain in effect beyond the year in which it is granted. See the Fiscal Consultant’s Report in Appendix C for information regarding the appeals pending with respect to the Project Area.
Proposition 8
Proposition 8, approved in 1978 (California Revenue and Taxation Code Section 51(b)), provides for the assessment of real property at the lesser of its originally determined (base year) full cash value compounded annually by the inflation factor, or its full cash value as of the lien date, taking into account reductions in value due to damage, destruction, obsolescence or other factors causing a decline in market value. Reductions in accordance with Proposition 8 may be initiated by the County Assessor or requested by the property owner, and such reductions apply only to a single tax year.
After a roll reduction is granted in accordance with Proposition 8, the property is reviewed on an annual basis to determine its full cash value and the valuation is adjusted accordingly. This may result in further reductions or in value increases. Such increases must be in accordance with the full cash value of the property and may exceed the maximum annual inflationary growth rate allowed on other properties under Article XIIIA of the State Constitution.
Once the property has regained its prior value, adjusted for inflation, it once again is subject to the annual inflationary factor growth rate allowed under Article XIIIA. See “THE PROJECT AREA – Assessment Appeals “
Propositions 218 and 26
On November 5, 1996, State voters approved Proposition 218—Voter Approval for Local Government Taxes—Limitation on Fees, Assessments, and Charges—Initiative Constitutional Amendment. Proposition 218 added Articles XIIIC and XIIID to the State Constitution, imposing certain vote requirements and other limitations on the imposition of new or increased taxes, assessments and property-related fees and charges. On November 2, 2010, California voters approved Proposition 26, the “Supermajority Vote to Pass New Taxes and Fees Act.” Proposition 26 amended Article XIIIC of the State Constitution by adding an expansive definition for the term “tax,” which previously was not defined under the State Constitution. Subordinate Pledged Tax Revenues securing the Bonds are derived from property taxes which are outside the scope of taxes, assessments and property-related fees and charges which are limited by Proposition 218 and outside of the scope of taxes which are limited by Proposition 26.
Future Initiatives
Articles XIIIA, XIIIB, XIIIC and Article XIIID to the State Constitution and certain other propositions affecting property tax levies were each adopted as measures which qualified for the ballot in accordance with the State’s initiative process. From time to time other initiative measures could be adopted, further affecting Agency revenues or the Successor Agency’s ability to expend revenues.
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THE PROJECT AREA
Information Concerning the Project Area
Information concerning the Project Area is set forth in the Fiscal Consultant’s Report prepared by HdL Coren & Cone, Brea, California and attached to this Official Statement as APPENDIX C. Certain portions of the Fiscal Consultant’s Report are summarized below; however, such summary does not purport to be complete or definitive and is qualified in its entirety by reference to the Fiscal Consultant’s Report.
General
The City is located in the northeastern part of Contra Costa County, approximately 45 minutes east of San Francisco. The City is bounded by the Sacramento River on the north, the City of Antioch on the east and unincorporated parts of Contra Costa County on the west and south. The City and Project Area are bisected by State Highway 4, which travels in an east-west direction through the City. This highway is the primary access route to the City from both the San Francisco-Oakland area and Sacramento.
The Project Area contains approximately 6,562 acres, or roughly 53.5% of the City’s area, and includes the City’s downtown area. The Project Area encompasses most of the City limits north of Highway 4 and a large portion of the City south thereof. Immediately to the east of the Project Area is the major U.S. Steel plant operating in the Bay Area. To the west of the Project Area, in the unincorporated area of Bay Point, is a major electric generation facility owned by Mirant Delta, LLC.
The Project Area represents a merger of seven separately adopted project areas within the City: (1) the Marina View Redevelopment Project Area, (2) the Riverside Mall Project Area, (3) the Neighborhood Development Program Area I, (4) the Neighborhood Development Program Area II, (5) the original Los Medanos Community Development Project (these five constituent project areas are collectively referred to herein as “Los Medanos I”), (6) Los Medanos II and (7) Los Medanos III.
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TABLE 1
LOS MEDANOS COMMUNITY DEVELOPMENT PROJECT AREA
Project Area Acreage, Key Dates and Revenue By Sub-Area Sub-Area
Constituent
Project Area
Plan Adoption
Date Acreage
2025-26 Tax
Increment
% of Tax
Increment
Los Medanos I Marina View 02/18/1963 59 $2,749 0.00%
Riverside Mall 02/02/1970 84 727,430 0.97
Neighborhood
Development I 08/07/1972 93 1,847,001 2.46
Neighborhood
Development II 12/04/1972 44 872,966 1.16
Los Medanos I 07/18/1979 4,287 41,023,838 54.64
Los Medanos II Los Medanos II 11/28/1983 298 4,896,874 6.522 Los Medanos III Los Medanos III 06/07/1993 1,697 25,710,163 34.24 Totals 6,562 $75,081,021 100.00%
Source: HdL Coren & Cone.
Land Use Composition
The Project Area’s land use composition is diverse across residential, commercial and industrial uses. Residential uses represent the dominant use in the Project Area and account for
75.3% of the Project Area’s assessed value. Commercial uses and industrial uses account for
6.8% and 3.9% of the total Project Area assessed valuation, respectively, as shown below.
TABLE 2
LOS MEDANOS COMMUNITY DEVELOPMENT PROJECT AREA
Assessed Values by Land Use for Fiscal Year 2025-26
Designated
Land Use
Number of
Parcels
2025-26
Taxable Value Percent of Total
Residential 13,318 $5,867,075,743 75.3%
Commercial 273 532,501,922 6.8
Industrial 126 301,648,456 3.9
Vacant 230 87,069,000 1.1
Other 614 32,325,078 0.4
Subtotal 14,561 $6,820,620,199 87.6%
SBE Nonunitary 159,215,732 2.0
Unsecured/State Assessed 806,746,361 10.4
Subtotal $965,962,093 12.4%
Total for 2025-26 14,561 $7,786,582,292 100.00%
Source: HdL Coren & Cone.
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Historic Taxable Assessed Values
The Project Area’s historic taxable assessed values for the past ten fiscal years as reported by the Contra Costa County Auditor-Controller are presented in the table below.
Taxable values have grown from $4.60 billion in 2016-17 to $7.79 billion in 2025-26. The total percentage change was a 69% increase in total taxable value over the ten-year period.
TABLE 3
LOS MEDANOS COMMUNITY DEVELOPMENT PROJECT AREA
Historic Project Area Assessed Values
Fiscal
Year
Secured
Assessed Value
Unsecured
Value
Total Taxable
Value Base Value
Total
Incremental
Value(1)
Incremental
Value Annual %
Change
2016-17 $4,208,214,880 $395,353,461 $4,603,568,341 $(277,937,469) $4,325,630,872 - 2017-18 4,492,256,292 375,968,126 4,868,224,418 (277,937,469) 4,590,286,949 6.12% 2018-19 4,861,588,629 355,025,363 5,216,613,992 (277,937,469) 4,938,676,523 7.59 2019-20 5,057,879,332 368,370,499 5,426,249,831 (277,937,469) 5,148,312,362 4.24 2020-21 5,348,874,776 377,559,532 5,726,434,308 (277,937,469) 5,448,496,839 5.83 2021-22 5,555,964,949 398,645,582 5,954,610,531 (277,937,469) 5,676,673,062 4.19 2022-23 6,062,589,005 707,447,680 6,770,036,685 (277,937,469) 6,492,099,216 14.36 2023-24(2) 6,446,001,781 781,575,408 7,227,577,189 (278,480,181) 6,949,097,008 7.04 2024-25 6,734,868,220 820,977,916 7,555,846,136 (278,480,181) 7,277,365,955 4.72 2025-26 6,979,835,931 806,746,361 7,786,582,292 (278,480,181) 7,508,102,111 3.17
(1) Represents Assessed Value over the Aggregate Base Year Value (2) In Fiscal Year 2023-24, the base year value in the merged Project Area changed, according to County records.
Source: HdL Coren & Cone.
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Largest Property Taxpayers
Set forth in the table below are the 10 largest identified property taxpayers in the Project Area, representing approximately 16% of the Project Area incremental value for fiscal year 2025-26.
TABLE 4
LOS MEDANOS COMMUNITY DEVELOPMENT PROJECT AREA
Ten Largest Property Taxpayers for Fiscal Year 2025-26
(1) Delta Energy Center is wholly owned by Calpine Corporation, which operates as a business unit of Constellation Energy Corporation. (2) Taxpayer has pending appeals of assessed valuation.
Source: Hdl Coren & Cone.
Assessment Appeals
Property taxable values determined by the County Assessor may be subject to an appeal by property owners. Assessment appeals are annually filed with the County Assessment Appeals Board for a hearing and resolution. The resolution of an appeal may result in a reduction to the Assessor’s original taxable value and a tax refund to the property owner. The reduction in future Project Area taxable values affects all taxing entities, including the Successor Agency. It is the County’s policy to hold redevelopment agencies harmless from tax refunds due to assessment appeals. Therefore, the only risk to the Successor Agency from appeals is the reduction in assessed value and future tax increment. However, the Fiscal Consultant has reduced taxable values in its projections for Fiscal Year 2026-27 by the estimated impact of resolved and open appeals.
See Section IV.E of the Fiscal Consultant’s Report attached hereto as APPENDIX C for a summary of assessment appeals filed by property owners in the Project Area. Based on the data provided to the Fiscal Consultant, the Fiscal Consultant reports, there are 30 open appeals of value for which the applicants have requested reductions totaling approximately $34.29 million. Two of the Project Area top ten taxpayers have pending appeals of their assessed value: (1) Century Plaza Commercial LLC and (2) Diamond Hillside Apartments Properties.
No. Property Owner Combined Value
% of Total
AV
% of Total
Inc. Value Primary Land Use
1 CALPINE CORPORATION(1) $309,800,000 3.98% 4.13% Los Medanos Energy Cnt 2 DIABLO ENERGY STORAGE LLC 239,024,996 3.07 3.18 Battery energy storage facility 3 DELTA ENERGY CENTER(1) 158,800,000 2.04 2.12 Gas Fired Power Plant 4 K W KIRKER CREEK LLC 118,635,723 1.52 1.58 Kirker Creek Apartments 5 SIERRA PACIFIC APARTMENTS LLC 100,149,808 1.29 1.33 Multi-family Res. & Vacant 6 SAN MARCO PROPERTIES LLC 92,773,376 1.19 1.24 San Marco Villa Apts & Vacant 7 CENTURY PLAZA COMMERCIAL LLC(2) 64,128,496 0.82 0.85 Century Plaza Shopping Cnt 8 DIAMOND HILLSIDE APTS PROPERTIES(2) 60,227,783 0.77 0.80 Diamond Hillside Apts 9 KOCH CARBON LLC 46,240,449 0.59 0.62 Industrial Bulk Commodities 10 COUNTRY CLUB MOSAIC APT LLC 44,105,972 0.57 0.59 Mosaic Apartments Top Taxpayer Total Value: $1,233,886,603 15.85% 16.43%
Project Area Assessed Values: $7,786,582,292
Project Area Incremental Value: $7,508,102,111
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Historic Tax Increment Revenues
The Project Area’s historic actual receipts of tax increment revenues compared to the computed tax levy for the past five fiscal years as reported by the Fiscal Consultant based on data provided by the Contra Costa County Auditor-Controller are presented in the table below.
TABLE 5
LOS MEDANOS COMMUNITY DEVELOPMENT PROJECT AREA
Historic Tax Increment Revenues
Fiscal Year Gross Tax
Increment
Revenue(1)
Current Year
Tax Inc.
Revenue
Collected
Gross Tax
Increment
Rev.
Collections
%
Supplemental
Assessment
Revenue
Total Tax
Increment
Revenue
Collected(2)
Total Tax
Increment
Collections %
2020-21 $54,484,968 $54,484,968 100.00% $1,128,981 $55,613,949 102.07% 2021-22 56,766,731 56,766,731 100.00% 2,002,555 58,769,286 103.53% 2022-23 64,920,992 64,920,992 100.00% 4,457,251 69,378,243 106.87% 2023-24 69,490,970 69,489,273 100.00% 2,436,994 71,926,267 103.50% 2024-25 72,773,660 72,766,410 99.99% 1,342,574 74,108,984 101.83%
(1) Tax revenue reported by using general levy 1% tax rate and Project Area incremental value. (2) Total current and supplemental revenues allocated to the Successor Agency.
Source: HdL Coren & Cone.
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Estimated Fiscal Year 2025-26 Gross Tax Revenues
Set forth below is an estimate, as prepared by the Fiscal Consultant, of gross tax revenues generated for Fiscal Year 2025-26 that are available to pay the Senior 1999 Bonds and the Bonds. See APPENDIX C for additional details.
TABLE 6
LOS MEDANOS COMMUNITY DEVELOPMENT PROJECT AREA
Estimate of Gross Tax Revenues – Fiscal Year 2025-26(1) Category Amount
Secured
Land $2,559,013,263
Improvements 4,701,276,776
Pers. Prop. 19,487,616
Gross Total 7,279,777,655
Less: Exemption (459,157,456)
Net Secured Value 6,820,620,199
SBE Total Value 159,215,732
Unsecured
Land 7,752,729
Improvements 716,923,635
Pers. Prop. 82,772,191
Gross Total 807,448,555
Less: Exemption (702,194)
Net Unsecured Value 806,746,361
Total Taxable Value 7,786,582,292
Less: Base Year Value (278,480,181)
Incremental Taxable Value 7,508,102,111
Gross Tax Increment(2) 75,081,021
Unitary Revenue 920,676
Total Tax Increment 76,001,697
Deductions from Tax Increment:
Section 33676 Payments $(1,112,150)
Property Tax Admin Fees(3) (519,697)
Senior Liens on Tax Increment
Housing Bonds Debt Service(4) 2,044,099
Gross Tax Revenues Available for
Senior 1999 Bonds and Bonds $72,325,751
Subordinate Liens on Tax Increment
AB 1290 Tax Sharing Payments(5) 4,405,177
Tax-Sharing Agreement Payments(6) 11,483,090
Net Tax Increment $56,437,484
(1) Based on taxable values per Contra Costa County.
(2) As reported by County based on the application of the tax rate to incremental value. (3) Estimated based on actual SB 2557 amount for Fiscal Year 2025-26. (4) Reflects debt service amount on 2006 and 2016 Housing Bonds. (5) Tax sharing payments per the provisions of HSC Section 33607.5. (6) Per tax sharing agreements with the taxing entities.
Source: Hdl Coren & Cone.
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Projection of Gross Tax Revenues
Set forth below are projections, prepared by the Fiscal Consultant, of gross tax revenues available to pay the Senior 1999 Bonds and the Bonds. These projections are based on assumptions determined by our review of the taxable value history of the Project Area and the property tax assessment and property tax apportionment procedures of the County. The County methodologies for determining tax increment revenues and pass through payment amounts have been replicated as closely as possible by the Fiscal Consultant. The projection illustrates the entire amount of gross tax revenues projected as being available from each sub-area.
Future year assessed values and gross tax revenues are projections based upon the assumptions described in the Fiscal Consultant Report and are not guaranteed as to accuracy.
Projection of Gross Tax Revenues – No Growth. Set forth in Table 7 below is a projection of gross tax revenues available to pay the Senior 1999 Bonds and the Bonds, based on 0% growth in assessed valuations each fiscal year and the other assumptions detailed therein.
TABLE 7
LOS MEDANOS COMMUNITY DEVELOPMENT PROJECT AREA
Projected Gross Tax Revenues – No Growth
(Dollars in Thousands)
Fiscal
Year
Total
Assessed
Value(1)
Incremental
Assessed
Value
Gross Tax
Increment
County
Admin.
Fees
Section
33676
Allocation
Gross
Tax
Revenues
2025-26 $7,786,582 $7,508,102 $76,002 $(520) $(1,112) $74,370 2026-27 7,914,658 7,636,178 77,282 (528) (1,112) 75,642 2027-28 7,928,646 7,650,166 77,422 (529) (1,112) 75,781 2028-29 7,928,646 7,650,166 77,422 (529) (1,112) 75,781 2029-30 7,928,646 7,650,166 77,422 (529) (1,112) 75,781
(1) Values in 2025-26 are actual. Values increase in 2026-27 based on expected reductions from pending appeals and increases due to property sales in 2025. Values growth in 2027-28 based on sales so far in 2026. No growth is projected from annual inflationary increases.
Source: Hdl Coren & Cone.
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Projected Debt Service Coverage
Estimated Debt Service Coverage – No Growth. Set forth in Table 8 below is estimated debt service coverage on the Bonds based on the Subordinate Pledged Tax Revenues available in each fiscal year, assuming 0% growth in assessed valuations each fiscal year and the other assumptions detailed therein.
TABLE 8
LOS MEDANOS COMMUNITY DEVELOPMENT PROJECT AREA
Projected Debt Service Coverage – No Growth
Year
Ending(1)
Gross
Tax
Revenues(2)
Housing
Bonds Debt
Service(3)
Senior Bonds
Debt Service
Subordinate
Pledged Tax
Revenues
2026 Bonds
Debt
Service*(4)
All-in Debt
Service
Coverage*
2025-26 $74,369,849 $2,044,099 $11,976,000 $60,349,750 $17,764,000 2.34 2026-27 75,641,848 -- 9,145,000 66,496,848 18,998,263 2.69 2027-28 75,780,771 -- 9,145,000 66,635,771 19,189,500 2.67 2028-29 75,780,771 -- 9,145,000 66,635,771 19,160,500 2.68 2029-30 75,780,771 -- 9,145,000 66,635,771 5,250,000 5.26
* Preliminary; subject to change.
(1) Tax revenue presented for the fiscal year ending in the year; Bond debt service is presented for the calendar year as payable from that fiscal year tax revenue.
(2) Net of Property Tax Admin Fees and Section 33676 Allocation. (3) Housing Bonds to be refunded as part of the issuance of the Bonds. (4) Debt service for 2026 is for the 2016 Bonds that will be refunded by issuance of the Bonds. Debt service thereafter is the debt service for the Bonds.
Source: Hdl Coren & Cone; the Underwriter.
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RISK FACTORS
The following information should be considered by prospective investors in evaluating the Bonds. However, the following does not purport to be an exhaustive listing of risks and other considerations which may be relevant to investing in the Bonds. In addition, the order in which the following information is presented is not intended to reflect the relative importance of any such risks.
The various legal opinions to be delivered concurrently with the issuance of the Bonds will be qualified as to the enforceability of the various legal instruments by limitations imposed by State and federal laws, rulings and decisions affecting remedies, and by bankruptcy, reorganization or other laws of general application affecting the enforcement of creditors’ rights, including equitable principles.
Recognized Obligation Payment Schedule
The Dissolution Act provides that only those payments listed in a ROPS may be made by a successor agency from the funds specified in the ROPS. Pursuant to Section 34177 of the Health and Safety Code, by the February 1st prior to each July 1st of each year, the Successor Agency shall submit to the Oversight Board and the DOF, a ROPS. For each annual period, the Dissolution Act requires each successor agency to prepare and approve, and submit to the successor agency’s oversight board and the DOF for approval, a ROPS pursuant to which enforceable obligations (as defined in the Dissolution Act) of the successor agency are listed, together with the source of funds to be used to pay for each enforceable obligation.
Consequently, tax revenues will not be withdrawn from the RPTTF by the county auditorcontroller and remitted to the Successor Agency without a duly approved and effective ROPS to pay debt service on the Bonds and to pay other enforceable obligations. In the event the Successor Agency were to fail to file a ROPS, the availability of tax revenues to the Successor Agency could be adversely affected for such period. See “SECURITY FOR THE BONDS - Recognized Obligation Payment Schedules.”
For a description of the covenants made by the Successor Agency in the Indenture relating to the obligation to submit ROPS on a timely basis, and the Successor Agency’s history of submissions of ROPS, see “SECURITY FOR THE BONDS – Recognized Obligation Payment Schedules.”
AB 1484 also added provisions to the Dissolution Act implementing certain penalties in the event a successor agency does not timely submit a ROPS. Specifically, a ROPS must be submitted by the successor agency to the oversight board, to the county administrative officer, the county auditor-controller, the DOF, and the State Controller no later than the mandated deadlines. If a successor agency does not submit a ROPS by such deadlines, the city or county that established the redevelopment agency will be subject to a civil penalty equal to $10,000 per day for every day the schedule is not submitted to the DOF. Additionally, a successor agency’s maximum administrative cost allowance is reduced by 25% if the successor agency does not submit an oversight board-approved ROPS within 10 days of the deadline.
Reduction in Taxable Value
Tax increment revenue available to pay principal of and interest on the Bonds are determined by the amount of incremental taxable value in the Project Area and the current rate or rates at which property in the Project Area is taxed.
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The reduction of taxable values of property in the Project Area caused by economic factors beyond the Successor Agency’s control, such as relocation out of the Project Area by one or more major property owners, sale of property to a non-profit corporation exempt from property taxation, or the complete or partial destruction of such property caused by, among other eventualities, earthquake or other natural disaster, could cause a reduction in the tax increment available to pay debt service on the Bonds. Such reduction of tax increment available to pay debt service on the Bonds could have an adverse effect on the Successor Agency’s ability to make timely payments of principal of and interest on the Bonds; this risk could be increased by the significant concentration of property ownership in the Project Area.
The County calculates tax increment to redevelopment project areas by applying a one percent rate to the secured and unsecured incremental taxable values. The County also allocates unitary revenue on the basis of the total unitary revenue in a project area, without reductions for base year revenues. The allocation of unitary revenue is based on revenues received in 1987-88, adjusted by the actual growth or decline in unitary revenues on a countywide basis.
As described in greater detail under the heading “Factors Affecting Tax Increment– Article XIIIA of the State Constitution,” Article XIIIA provides that the full cash value base of real property used in determining taxable value may be adjusted from year to year to reflect the inflation rate, not to exceed a two percent increase for any given year, or may be reduced to reflect a reduction in the consumer price index, comparable local data or any reduction in the event of declining property value caused by damage, destruction or other factors (as described above). Such measure is computed on a calendar year basis. Any resulting reduction in the full cash value base over the term of the Bonds could reduce tax increment available to pay debt service on the Bonds.
In addition to the other limitations on, and required application under the Dissolution Act of tax revenues on deposit in the RPTTF, the State electorate or Legislature could adopt a constitutional or legislative property tax reduction with the effect of reducing tax revenues allocated to the RPTTF and available to the Successor Agency. Although the federal and State Constitutions include clauses generally prohibiting the Legislature’s impairment of contracts, there are also recognized exceptions to these prohibitions. There is no assurance that the State electorate or Legislature will not at some future time approve additional limitations that could reduce the tax increment available to pay debt service on the Bonds and adversely affect the source of repayment and security of the Bonds.
Risks to Real Estate Market
The Successor Agency’s ability to make payments on the Bonds will be dependent upon the economic strength of the Project Area. The general economy of the Project Area will be subject to all of the risks generally associated with urban real estate markets. Real estate prices and development may be adversely affected by changes in general economic conditions, fluctuations in the real estate market and interest rates, unexpected increases in development costs and by other similar factors. Further, real estate development within the Project Area could be adversely affected by limitations of infrastructure or future governmental policies, including governmental policies to restrict or control development. The Project Area experienced significant declines in value due to Proposition 8 reductions during the nationwide economic recession beginning in 2008-09, and could experience a decline resulting from a future recession. In addition, if there is a significant decline in the general economy of the Project
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Area, the owners of property within the Project Area may be less able or less willing to make timely payments of property taxes or may petition for reduced assessed valuation causing a delay or interruption in the receipt of tax revenues by the Successor Agency from the Project Area. See “THE PROJECT AREA – Projection of Gross Tax Revenues” and “– Estimated Debt Service Coverage For the Bonds” for a description of the debt service coverage on the Bonds.
Reduction in Inflationary Rate
Article XIIIA of the State Constitution provides that the full cash value of real property used in determining taxable value may be adjusted from year to year to reflect the inflationary rate, not to exceed a 2% increase for any given year, or may be reduced to reflect a reduction in the consumer price index or comparable local data. Such measure is computed on a calendar year basis. Because Article XIIIA limits inflationary assessed value adjustments to the lesser of the actual inflationary rate or 2%, there have been years in which the assessed values were adjusted by actual inflationary rates, which were less than 2%. A 2% inflationary rate for Fiscal Year 2026-27 has been approved. The Successor Agency is unable to predict if any further adjustments to the full cash value base of real property within the Project Area, whether an increase or a reduction, will be realized in the future.
Levy and Collection of Taxes
The Successor Agency has no independent power to levy or collect property taxes. Any reduction in the tax rate or the implementation of any constitutional or legislative property tax decrease could reduce the tax increment available to pay debt service on the Bonds.
Although delinquencies in the payment of property taxes by the owners of land in the Project Area, and the impact of bankruptcy proceedings on the ability of taxing agencies to collect property taxes, could have an adverse effect on the Successor Agency’s ability to make timely payments on the Bonds, the Successor Agency believes any such adverse impact is unlikely in light of the debt service coverage provided net tax increment. In addition, the County could elect to alter or terminate its Teeter Plan policy and, in such event, the amount of the levy of property tax revenue that could be allocated to the Successor Agency would depend upon the actual collections of the secured taxes within the Project Area. Substantial delinquencies in the payment of property taxes could impair the timely receipt by the Successor Agency of tax revenues. See “THE PROJECT AREA – Projection of Gross Tax Revenues” and “– Estimated Debt Service Coverage For The Bonds” for a description of the debt service coverage on the Bonds.
Bankruptcy and Foreclosure
The payment of the property taxes from which Subordinate Pledged Tax Revenues are derived and the ability of the County to foreclose the lien of a delinquent unpaid tax may be limited by bankruptcy, insolvency, or other laws generally affecting creditors’ rights or by the laws of the State relating to judicial foreclosure. The various legal opinions to be delivered concurrently with the delivery of the Bonds (including Bond Counsel’s approving legal opinion) will be qualified as to the enforceability of the various legal instruments by bankruptcy, insolvency, reorganization, moratorium, or other similar laws affecting creditors’ rights, by the application of equitable principles and by the exercise of judicial discretion in appropriate cases.
Although bankruptcy proceedings would not cause the liens to become extinguished, bankruptcy of a property owner could result in a delay in prosecuting superior court foreclosure
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proceedings. Although such delay would increase the possibility of delinquent tax installments not being paid in full and thereby increase the likelihood of a delay or default in payment of the principal of and interest on the Bonds, the Successor Agency believes any such adverse impact is unlikely in light of the debt service coverage projected for the Bonds as shown under “THE PROJECT AREA – Projection of Gross Tax Revenues” and “– Estimated Debt Service Coverage For the Bonds.”
Estimated Revenues
In estimating that Subordinate Pledged Tax Revenues will be sufficient to pay debt service on the Bonds, the Successor Agency and Fiscal Consultant have made certain assumptions with regard to present and future assessed valuation in the Project Area, future tax rates and percentage of taxes collected. The Successor Agency believes these assumptions to be reasonable, but there is no assurance these assumptions will be realized and to the extent that the assessed valuation and the tax rates are less than expected, the Subordinate Pledged Tax Revenues available to pay debt service on the Bonds will be less than those projected and such reduced Subordinate Pledged Tax Revenues may be insufficient to provide for the payment of the Bonds.
Hazardous Substances
An additional environmental condition that may result in the reduction in the assessed value of property would be the discovery of a hazardous substance that would limit the beneficial use of taxable property within the Project Area. In general, the owners and operators of property may be required by law to remedy conditions of the property relating to releases or threatened releases of hazardous substances. The owner or operator may be required to remedy a hazardous substance condition of property whether or not the owner or operator has anything to do with creating or handling the hazardous substance. The effect, therefore, should any of the property within the Project Area be affected by a hazardous substance, could be to reduce the marketability and value of the property by the costs of remedying the condition.
Natural Disasters
The value of the property in the Project Area in the future can be adversely affected by a variety of additional factors, particularly those which may affect infrastructure and other public improvements and private improvements on property and the continued habitability and enjoyment of such private improvements. Such additional factors include, without limitation, geologic conditions such as earthquakes, topographic conditions such as earth movements, landslides and floods and climatic conditions such as droughts and wildfires. In the event that one or more of such conditions occur, such occurrence could cause damages of varying seriousness to the land and improvements and the value of property in the Project Area could be diminished in the aftermath of such events. A substantial reduction of the value of such properties and could affect the ability or willingness of the property owners to pay the property taxes.
Seismic. Earthquake faults exist in many parts of Northern California, including in areas near to the Project Area. Most new construction is required to be built in accordance with the Uniform Building Code which contains standards designed to minimize structural damage caused by seismic events however, the occurrence of severe seismic activity affecting the Project Area could result in substantial damage to property located in the Project Area, and could lead to successful appeals for reduction of assessed values of such property. Such a
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reduction of assessed valuations could result in a reduction of tax increment available to pay debt service on the Bonds.
Floods. The City is subject to limited flooding problems along the natural creeks, drainages, and along the Bay. Specifically, portions of the City are within the 100-year or 500- year FEMA flood zones or regulatory floodways. The 100-year floodplain is largely confined to the northern portion of the City limits and the creeks traveling downslope from Mt. Diablo.
Similarly, the 500-year floodplain is located along a section of Kirker Creek, which travels downslope from Mt. Diablo, and along the border with the tidal marsh zone in the northern portion of the City limits. The occurrence of flooding affecting the Project Area could result in substantial damage to property located in the Project Area, and could lead to successful appeals for reduction of assessed values of such property. Such a reduction of assessed valuations could result in a reduction of tax increment available to pay debt service on the Bonds.
Structural or Wildland Fires. In recent years, wildfires have caused extensive damage throughout the State, including within the County. Certain of these fires have burned thousands of acres and destroyed hundreds and in some cases thousands of homes. In some instances entire neighborhoods have been destroyed. Several fires in recent years damaged or destroyed property in areas that were not previously considered to be at risk from such events. In 2023, for example, devastating wildfires burned in various communities in the State, causing widespread damage. In 2025, communities in Los Angeles County, including Pacific Palisades (Palisades Fire), Malibu and Altadena (Eaton Fire), experienced widespread devastation from wildfires causing losses of life, thousands of burned homes, and billions of dollars in property damage.
On January 16, 2025, Governor Gavin Newsom issued Executive Order N-10-25 (the “Governor’s Order”) which canceled penalties, costs and interest on overdue property taxes (including special taxes) within certain ZIP codes affected by the Palisades and Eaton Fires during calendar year 2025. This will likely cause a delay in the payment of property taxes, including special taxes, by certain property owners in any community facilities district affected by the Governor’s Order. Unless the majority of property owners within any such community facilities district pay their special taxes voluntarily or have mortgage impound accounts, it is likely that the community facilities districts will need to draw upon a reserve fund to make debt service payments on outstanding bonds prior to the expiration of the Governor’s Order and it is possible that outstanding bonds will experience a payment default. In the event of a major fire or other natural disaster affecting the Project Area a similar order affecting the Project Area could impact the debt service payments for the Bonds.
Fire hazards increase with any drought period, and are highest for structures at the fringe of forested or wildland areas. In addition to the damage caused directly by a foothill fire, further damage may be caused by resulting mudslides during subsequent rains. In the event of damage to real property within the Project Area, the property owner could become unwilling or unable to pay the property taxes when due.
Pandemic Diseases
Although now largely contained, the COVID-19 coronavirus pandemic, and efforts to contain the spread of the virus, for many years impacted governments, businesses and people in a manner that had negative effects on global, national and local economies. In addition,
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stock markets in the United States and globally saw significant declines and volatility attributed to coronavirus concerns. Future tax increment revenues available to the Successor Agency for payment of debt service on the Bonds could be negatively impacted by pandemics or other similar kinds of events in the future. The initial impact could occur because upcoming property tax installments could be deferred, or some taxpayers may be unable to make their property tax payments.
Cybersecurity
The Successor Agency, like many other public and private entities, relies on computer and other digital networks and systems to conduct its operations. As a recipient and provider of personal, private or other sensitive electronic information, the Successor Agency is potentially subject to multiple cyber threats, including without limitation hacking, viruses, ransomware, malware and other attacks. No assurance can be given that the Successor Agency’s efforts to manage cyber threats and attacks will be successful in all cases, or that any such attack will not materially impact the operations or finances of the Successor Agency, or the administration of the Bonds. The Successor Agency is also reliant on other entities and service providers in connection with the administration of the Bonds, including without limitation the County tax collector for the levy and collection of property taxes, the Trustee, and the dissemination agent.
No assurance can be given that the Successor Agency and these other entities will not be affected by cyber threats and attacks in a manner that may affect the Bond owners.
Changes in the Law
There can be no assurance that the California electorate will not at some future time adopt initiatives or that the Legislature will not enact legislation that will amend the Dissolution Act, the Redevelopment Law or other laws or the Constitution of the State resulting in a reduction of tax increment available to pay debt service on the Bonds.
Loss of Tax-Exemption
As discussed under the caption “TAX MATTERS,” interest on the 2026 Series A Bonds could become includable in gross income for purposes of federal income taxation retroactive to the date the 2026 Series A Bonds were issued, as a result of future acts or omissions of the Successor Agency in violation of its covenants in the Indenture.
In addition, current and future legislative proposals, if enacted into law, may cause interest on the 2026 Series A Bonds to be subject, directly or indirectly, to federal income taxation by, for example, changing the current exclusion or deduction rules to limit the aggregate amount of interest on state and local government bonds that may be treated as tax exempt by individuals.
Should such an event of taxability occur, the 2026 Series A Bonds are not subject to special redemption and will remain outstanding until maturity or until redeemed under other provisions set forth in the Indenture.
Secondary Market
There can be no guarantee that there will be a secondary market for the Bonds, or, if a secondary market exists, that the Bonds can be sold for any particular price. Occasionally, because of general market conditions or because of adverse history or economic prospects
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connected with a particular issue, secondary marketing practices in connection with a particular issue are suspended or terminated. Additionally, prices of issues for which a market is being made will depend upon the then prevailing circumstances.
TAX MATTERS
In the opinion of Jones Hall LLP, as Bond Counsel, subject, however to the qualifications set forth below, under existing law, the interest on the 2026 Series A Bonds (the “Tax-Exempt Bonds”) is excluded from gross income for federal income tax purposes and such interest is not an item of tax preference for purposes of the federal alternative minimum tax.
The opinions set forth in the preceding paragraph are subject to the condition that the Successor Agency comply with all requirements of the Internal Revenue Code of 1986, as amended (the “Tax Code”) that must be satisfied subsequent to the issuance of the TaxExempt Bonds. The Successor Agency has covenanted to comply with each such requirement.
Failure to comply with certain of such requirements may cause the inclusion of such interest in gross income for federal income tax purposes to be retroactive to the date of issuance of the Tax-Exempt Bonds.
If the initial offering price to the public (excluding bond houses and brokers) at which a Bond is sold is less than the amount payable at maturity thereof, then such difference constitutes “original issue discount” for purposes of federal income taxes and State of California personal income taxes. If the initial offering price to the public (excluding bond houses and brokers) at which a Bond is sold is greater than the amount payable at maturity thereof, then such difference constitutes “original issue premium” for purposes of federal income taxes and State of California personal income taxes. De minimis original issue discount and original issue premium is disregarded.
Under the Tax Code, original issue discount is treated as interest excluded from federal gross income and exempt from State of California personal income taxes to the extent properly allocable to each owner thereof subject to the limitations described in the first paragraph of this section. The original issue discount accrues over the term to maturity of the Bond on the basis of a constant interest rate compounded on each interest or principal payment date (with straightline interpolations between compounding dates). The amount of original issue discount accruing during each period is added to the adjusted basis of such Bonds to determine taxable gain upon disposition (including sale, redemption, or payment on maturity) of such Bond. The Tax Code contains certain provisions relating to the accrual of original issue discount in the case of purchasers of the Tax-Exempt Bonds who purchase the Tax-Exempt Bonds after the initial offering of a substantial amount of such maturity. Owners of such Bonds should consult their own tax advisors with respect to the tax consequences of ownership of Bonds with original issue discount, including the treatment of purchasers who do not purchase in the original offering, the allowance of a deduction for any loss on a sale or other disposition, and the treatment of accrued original issue discount on such Bonds under federal individual and corporate alternative minimum taxes.
Under the Tax Code, original issue premium is amortized on an annual basis over the term of the Bond (said term being the shorter of the Bond’s maturity date or its call date). The amount of original issue premium amortized each year reduces the adjusted basis of the owner of the Bond for purposes of determining taxable gain or loss upon disposition. The amount of
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original issue premium on a Bond is amortized each year over the term to maturity of the Bond on the basis of a constant interest rate compounded on each interest or principal payment date (with straight-line interpolations between compounding dates). Amortized Bond premium is not deductible for federal income tax purposes. Owners of premium Bonds, including purchasers who do not purchase in the original offering, should consult their own tax advisors with respect to State of California personal income tax and federal income tax consequences of owning such Bonds.
In the further opinion of Bond Counsel, interest on the Bonds is exempt from California personal income taxes.
Owners of the Bonds should also be aware that the ownership or disposition of, or the accrual or receipt of interest on, the Bonds may have federal or state tax consequences other than as described above. Bond Counsel expresses no opinion regarding any federal or state tax consequences arising with respect to the Bonds other than as expressly described above.
UNDERWRITING
The Bonds are being purchased by Stifel Nicolaus & Co., Inc., as underwriter (the “Underwriter”). The Underwriter may offer and sell Bonds to certain dealers and others at a price lower than the offering price stated on the inside cover page of this Official Statement.
The offering price may be changed from time to time by the Underwriter. 2026 Series A Bonds. The Underwriter has agreed to purchase the 2026 Series A Bonds at a price of $_________________ (being the principal amount of the 2026 Series A Bonds less a net original issue discount of $__________________ and less an Underwriter’s discount of $__________________). The Underwriter will purchase all of the 2026 Series A Bonds if any are purchased.
2026 Taxable Series B Bonds. The Underwriter has agreed to purchase the 2026 Taxable Series B Bonds at a price of $_________________ (being the principal amount of the 2026 Taxable Series B Bonds less a net original issue discount of $__________________ and less an Underwriter’s discount of $__________________). The Underwriter will purchase all of the 2026 Taxable Series B Bonds if any are purchased.
Stifel and its affiliates comprise a full-service financial institution engaged in activities which may include sales and trading, commercial and investment banking, advisory, investment management, investment research, principal investment, hedging, market making, brokerage and other financial and non-financial activities and services. Stifel and its affiliates may have provided, and may in the future provide, a variety of these services to the Successor Agency and to persons and entities with relationships with the Successor Agency, for which they received or will receive customary fees and expenses.
In the ordinary course of these business activities, Stifel and its affiliates may purchase, sell or hold a broad array of investments and actively trade securities, derivatives, loans and other financial instruments for their own account and for the accounts of their customers, and such investment and trading activities may involve or relate to assets, securities and/or instruments of the Successor Agency (directly, as collateral securing other obligations or otherwise) and/or persons and entities with relationships with the Successor Agency.
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Stifel and its affiliates may also communicate independent investment recommendations, market color or trading ideas and/or publish or express independent research views in respect of such assets, securities or instruments and may at any time hold, or recommend to clients that they should acquire such assets, securities and instruments. Such investment and securities activities may involve securities and instruments of the Successor Agency.
LEGAL MATTERS
The final approving opinions of Jones Hall LLP, San Mateo, California, Bond Counsel, will be furnished to the purchaser at the time of delivery of the Bonds. A copy of the proposed form of Bond Counsel’s final approving opinion with respect to the Bonds is attached hereto as Appendix B. Certain legal matters will be passed on by Jones Hall LLP, as Disclosure Counsel and Stradling Yocca Carlson & Rauth LLP, as Underwriter’s Counsel. In addition, certain legal matters will be passed upon for the Successor Agency by the City Attorney of the City.
Compensation paid to Bond Counsel, Disclosure Counsel and Underwriter’s Counsel is contingent upon the sale and delivery of the Bonds.
NO LITIGATION
There is no action, suit or proceeding known to the Successor Agency to be pending and notice of which has been served upon and received by the Successor Agency, or threatened, restraining or enjoining the execution or delivery of the Bonds or the Indenture or in any way contesting or affecting the validity of the foregoing or any proceedings of the Successor Agency taken with respect to any of the foregoing. See, however, “RISK FACTORS – Challenges to Dissolution Act.”
RATING
S&P Global Ratings, a business unit of Standard & Poor’s Financial Services LLC (“S&P”) is expected to assign its municipal bond rating of “___” to the Bonds.
The rating issued reflects only the view of S&P, and any explanation of the significance of such rating should be obtained from S&P. There is no assurance that such rating will be retained for any given period of time or that it will not be revised downward or withdrawn entirely by S&P if, in the judgment of S&P, circumstances so warrant. Any such downward revision or withdrawal of any rating obtained may have an adverse effect on the market price of the Bonds.
Generally, a rating agency bases its rating on the information and materials furnished to it and on investigations, studies and assumptions of its own. The Successor Agency has provided certain additional information and materials to S&P (some of which does not appear in this Official Statement).
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CONTINUING DISCLOSURE
The Successor Agency will covenant for the benefit of owners of the Bonds to provide certain financial information and operating data relating to the Successor Agency by not later than March 31 after the end of each fiscal year of the Successor Agency (currently June 30th), commencing not later than March 31, 2027 with the report for the 2025-26 fiscal year (the “Annual Report”), and to provide notices of the occurrence of certain listed events. The specific nature of the information to be contained in the Annual Report or the notices of listed events is summarized in “APPENDIX D - FORM OF SUCCESSOR AGENCY CONTINUING DISCLOSURE CERTIFICATE,” attached to this Official Statement. These covenants have been made in order to assist the Underwriter (as defined below) in complying with Securities Exchange Commission Rule 15c2 12(b)(5) (the “Rule”).
The City and its related governmental entities, including the Successor Agency, have previously entered into numerous disclosure undertakings under the Rule in connection with the issuance of long-term obligations. During the past five years, ________________.
CONCLUDING INFORMATION
Audited Financial Statements
The City of Pittsburg’s Annual Comprehensive Financial Report for Fiscal Year Ended June 30, 2025 (the “City ACFR”) is attached as Appendix E. The City ACFR includes the Successor Agency’s audited financial statements for the fiscal year ended June 30, 2025. The Successor Agency’s audited financial statements were audited by Badawi & Associates, Emeryville, California (the “Auditor”). The Auditor has not been asked to consent to the inclusion of the Successor Agency’s audited financial statements in this Official Statement and has not reviewed this Official Statement.
As described in “SECURITY FOR THE BONDS – Limited Obligation,” the Bonds are payable from and secured by a pledge of Subordinate Pledged Tax Revenues and the Bonds are not a debt of the City. The City ACFR is attached as Appendix E to this Official Statement only because it includes the Successor Agency’s audited financial statements.
Professionals Involved in the Offering
NHA Advisors, LLC, San Rafael, California, has served as municipal advisor to the Successor Agency and has advised the Successor Agency with respect to the financial structure of the refinancing and as to other financial aspects of the transaction. Payment of the fees and expenses of the financial advisor is contingent upon the sale and delivery of the Bonds.
HdL Coren & Cone, Brea, California, has acted as fiscal consultant to the Successor Agency (the “Fiscal Consultant”) and advised the Successor Agency as to the taxable values and Subordinate Pledged Tax Revenues projected to be available to pay debt service on the Bonds as referenced in this Official Statement. The report prepared by the Fiscal Consultant is referred to as the “Fiscal Consultant’s Report” and is attached as Appendix C.
All proceedings in connection with the issuance of the Bonds are subject to the approval of Jones Hall LLP, as Bond Counsel to the Successor Agency. Jones Hall LLP is also acting as
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Disclosure Counsel. Certain legal matters will be passed on for the Underwriter by Stradling Yocca Carlson & Rauth LLP. In addition, certain legal matters will be passed upon for the Successor Agency by the City Attorney of the City. Payment of the fees and expenses of Bond Counsel, Disclosure Counsel and Underwriter’s Counsel is contingent upon the sale and delivery of the Bonds.
Miscellaneous
All of the preceding summaries of the Indenture, the Redevelopment Law, the Dissolution Act, other applicable legislation, the Redevelopment Plan for the Project Area, agreements and other documents are made subject to the provisions of such documents respectively and do not purport to be complete statements of any or all of such provisions.
Reference is hereby made to such documents on file with the Successor Agency for further information in connection therewith.
This Official Statement does not constitute a contract with the purchasers of the Bonds.
Any statements made in this Official Statement involving matters of opinion or estimates, whether or not so expressly stated, are set forth as such and not as representations of fact, and no representation is made that any of the estimates will be realized.
The execution and delivery of this Official Statement by its Executive Director has been duly authorized by the Successor Agency.
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY OF THE
CITY OF PITTSBURG
By:
Executive Director
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APPENDIX A
SUMMARY OF CERTAIN PROVISIONS OF THE INDENTURE
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APPENDIX B
FORM OF BOND COUNSEL OPINION
_____, 2026
Successor Agency to the
Redevelopment of the City of Pittsburg
65 Civic Avenue
Pittsburg, California 94565
OPINION: $____________ Successor Agency to the Redevelopment Agency of the City of Pittsburg Los Medanos Community Development Project Subordinate Tax Allocation Refunding Bonds, 2026 Series A; and
$____________ Successor Agency to the Redevelopment Agency of the City of Pittsburg Los Medanos Community Development Project Subordinate Tax Allocation Refunding Bonds, (Federally Taxable) 2026 Series B Members of the Successor Agency:
We have acted as bond counsel to the Successor Agency to the Redevelopment Agency of the City of Pittsburg (the “Successor Agency”) in connection with the issuance by the Successor Agency of its $_________ Successor Agency to the Redevelopment Agency of the City of Pittsburg Los Medanos Community Development Project Subordinate Tax Allocation Refunding Bonds, 2026 Series A (the “Series A Bonds”) and its $__________ Successor Agency to the Redevelopment Agency of the City of Pittsburg Los Medanos Community Development Project Subordinate Tax Allocation Refunding Bonds, (Federally Taxable) 2026 Series B (the “Series B Bonds” and, together with the Series A Bonds, the “Bonds”), pursuant to the Community Redevelopment Law, constituting Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code of the State of California (the “Law”), Part 1.85 (commencing with Section 34170) of Division 24 of the California Health and Safety Code (the “Dissolution Act”), and Article 11 (commencing with Section 53580) of Chapter 3 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the “Refunding Law”).
The Bonds are being issued pursuant to an Indenture of Trust, dated as of July 1, 2026 (the “Indenture”), between the Successor Agency and The Bank of New York Mellon Trust Company, N.A., as trustee (the “Trustee”). We have examined the law and such certified proceedings and other papers as we deem necessary to render this opinion.
As to questions of fact material to our opinion, we have relied upon representations of the Successor Agency contained in the Indenture, and in certified proceedings and other certifications of public officials furnished to us, without undertaking to verify such facts by independent investigation. Regarding certain questions of law material to our opinion, we have assumed the correctness of certain legal conclusions contained in the written opinions of the City Attorney of the City, as general counsel to the Successor Agency, without undertaking to verify the same by independent investigation.
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Based upon the foregoing, we are of the opinion, under existing law, as follows:
1. The Successor Agency is duly created and validly existing as a public entity, with the power to enter into the Indenture, perform the agreements on its part contained therein, and issue the Bonds.
2. The Indenture has been duly approved by the Successor Agency, and constitutes a valid and binding obligation of the Successor Agency, enforceable against the Successor Agency in accordance with its terms.
3. Pursuant to the Law, the Dissolution Act and the Refunding Law, the Indenture creates a valid lien on the funds pledged by the Indenture for the security of the Bonds, subject to no prior lien granted under the Law, the Dissolution Act and the Refunding Law, except to the extent set forth in the Indenture.
4. The Bonds have been duly authorized, executed and delivered by the Successor Agency, and are valid and binding special obligations of the Successor Agency, payable solely from the sources provided therefor in the Indenture.
5. The interest on the Series A Bonds is excluded from gross income for federal income tax purposes and is not an item of tax preference for purposes of the federal alternative minimum tax. The opinions set forth in the preceding sentence are subject to the condition that the Successor Agency comply with all requirements of the Internal Revenue Code of 1986 that must be satisfied subsequent to the issuance of the Series A Bonds in order that interest thereon be, or continue to be, excluded from gross income for federal income tax purposes.
The Successor Agency has covenanted to comply with each such requirement. Failure to comply with certain of such requirements may cause the inclusion of interest on the Series A Bonds in gross income for federal income tax purposes to be retroactive to the date of issuance of the Series A Bonds. We express no opinion regarding other federal tax consequences arising with respect to the ownership, sale or disposition of the Series A Bonds, or the amount, accrual or receipt of interest on the Series A Bonds.
6. The interest on the Bonds is exempt from personal income taxation imposed by the State of California.
Interest on the Series A Bonds may be subject to the corporate alternative minimum tax.
In addition, interest on the Series B Bonds is not intended to be excluded from gross income for federal income tax purposes. We express no opinion regarding other federal tax consequences arising with respect to the ownership, sale or disposition of the Bonds, or the amount, accrual or receipt of interest on the Bonds.
The rights of the owners of the Bonds, and the enforceability of the Bonds and the Indenture, may be subject to bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditors' rights heretofore or hereafter enacted, and may also be subject to the exercise of judicial discretion in appropriate cases.
This opinion is given as of the date hereof, and we assume no obligation to revise or supplement this opinion to reflect any facts or circumstances that may hereafter come to our attention, or any changes in law that may hereafter occur. Moreover, our opinions are not a guarantee of a particular result, and are not binding on the Internal Revenue Service or any court; rather, our opinions represent our legal judgment based upon our review of existing law
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that we deem relevant to such opinions and in reliance upon the representations, opinions, and covenants referenced above. Our engagement with respect to this matter has terminated as of the date hereof.
Respectfully submitted,
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APPENDIX C
FISCAL CONSULTANT’S REPORT
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APPENDIX D
FORM OF SUCCESSOR AGENCY CONTINUING DISCLOSURE CERTIFICATE This CONTINUING DISCLOSURE CERTIFICATE (this “Disclosure Certificate”) is executed and delivered by the SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF PITTSBURG (the “Successor Agency”) in connection with the issuance of its:
Los Medanos Community Development Project Subordinate Tax Allocation Refunding Bonds, 2026 Series A (the “2026 Series A Bonds”), and Los Medanos Community Development Project Subordinate Tax Allocation Refunding Bonds, (Federally Taxable) 2026 Series B (the “2026 Taxable Series B Bonds” and together with the 2026 Series A Bonds, the “Bonds”).
The Bonds are being issued pursuant to Indenture of Trust dated as of July 1, 2026 (the “Indenture”) by and between the Successor Agency of the Redevelopment Agency of the City of Pittsburg and The Bank of New York Mellon Trust Company, N.A., as trustee. The Successor Agency covenants and agrees as follows:
Section 1. Purpose of the Disclosure Certificate. This Disclosure Certificate is being executed and delivered by the Successor Agency for the benefit of the holders and beneficial owners of the Bonds and in order to assist the Participating Underwriter in complying with S.E.C. Rule 15c2-12(b)(5).
Section 2. Definitions. In addition to the definitions set forth in the Indenture, which apply to any capitalized term used in this Disclosure Certificate, unless otherwise defined, the following capitalized terms shall have the following meanings:
“Annual Report” shall mean any Annual Report provided by the Successor Agency pursuant to, and as described in, Sections 3 and 4 of this Disclosure Certificate. “Dissemination Agent” shall mean The Bank of New York Mellon Trust Company, N.A., or any successor Dissemination Agent designated in writing by the Successor Agency and which has filed with the Successor Agency a written acceptance of such designation. “EMMA System” shall mean the Electronic Municipal Market Access system of the MSRB or such other electronic system designated by the MSRB or the Securities and Exchange Commission for compliance with S.E.C Rule 15c2-12(b).
“Listed Events” shall mean any of the events listed in Section 5(a) of this Disclosure Certificate.
“MSRB” means the Municipal Securities Rulemaking Board, which has been designated by the Securities and Exchange Commission as the sole repository of disclosure information for purposes of the Rule.
“Participating Underwriter” shall mean any of the original underwriters of the Bonds required to comply with the Rule in connection with offering of the Bonds.
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“Rule” shall mean Rule 15c2-12(b)(5) adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as the same may be amended from time to time.
Section 3. Provision of Annual Reports.
(a) The Successor Agency shall, or shall cause the Dissemination Agent to, not later than nine (9) months after the end of the Successor Agency’s fiscal year (which date currently would be March 31, based upon the June 30 end of the Successor Agency’s fiscal year), commencing with the report for the 2025-26 fiscal year, provide to the MSRB through the EMMA System an Annual Report which is consistent with the requirements of Section 4 of this Disclosure Certificate. Not later than fifteen (15) Business Days prior to said date, the Successor Agency shall provide the Annual Report to the Dissemination Agent (if other than the Successor Agency). The Annual Report may be submitted as a single document or as separate documents comprising a package, and may include by reference other information as provided in Section 4 of this Disclosure Certificate; provided that the audited financial statements of the Successor Agency may be submitted separately from the balance of the Annual Report, and later than the date required above for the filing of the Annual Report if not available by that date.
If the Successor Agency’s fiscal year changes, it shall give notice of such change in the same manner as for a Listed Event under Section 5(c).
(b) If the Successor Agency is unable to provide to the MSRB through the EMMA System an Annual Report by the date required in subsection (a), the Successor Agency shall provide to the MSRB, in electronic format as prescribed by the MSRB through the EMMA System, a notice to such effect.
(c) The Dissemination Agent shall:
(i) determine each year prior to the Annual Report Date the then-applicable rules and electronic format prescribed by the MSRB for the filing of annual continuing disclosure reports; and
(ii) if the Dissemination Agent is other than the Successor Agency, file a report with the Successor Agency certifying that the Annual Report has been provided pursuant to this Disclosure Certificate, stating the date it was provided to the MSRB through the EMMA System pursuant to this Disclosure Certificate.
Section 4. Content of Annual Reports. The Successor Agency’s Annual Report shall contain or incorporate by reference the following:
(a) Audited Financial Statements of the Successor Agency prepared in accordance with generally accepted accounting principles as promulgated to apply to governmental entities from time to time by the Governmental Accounting Standards Board. If such audited financial statements are not available by the time the Annual Report is required to be filed pursuant to Section 3(a), the Annual Report shall contain unaudited financial statements in a format similar to the financial statements contained in the final Official Statement, and the audited financial statements shall be filed in the same manner as the Annual Report when they become available.
(b) Unless otherwise provided in the audited financial statements filed on or prior to the annual filing deadline for the Annual Reports provided for in Section 3 above, financial
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information and operating data with respect to the Successor Agency for the preceding fiscal year, substantially similar to that provided in the corresponding tables and charts in the Official Statement for the Bonds, as follows:
(i) aggregate assessed values of the Redevelopment Project Area as shown in Table 3 of the Official Statement for the current fiscal year; (ii) list of top ten largest local secured property taxpayers in the Redevelopment Project Area as shown in Table 4 of the Official Statement for the current fiscal year;
(iii) information regarding secured tax charges and delinquencies on taxable properties within the Project Area for the most recently completed fiscal year if the County discontinues its Teeter Plan in connection with the Successor Agency’s Project Area; and
(iv) calculation of pro forma coverage ratio for the current fiscal year, calculated in the same manner as provided in the Official Statement under the section entitled “THE PROJECT AREA – Estimated Debt Service Coverage for the Bonds”.
Any or all of the items listed above may be included by specific reference to other documents, including official statements of debt issues of the Successor Agency or related public entities, which have been submitted to the MSRB through the EMMA System or the Securities and Exchange Commission. If the document included by reference is a final official statement, it must be available from the Municipal Securities Rulemaking Board. The Successor Agency shall clearly identify each such other document so included by reference.
Section 5. Reporting of Significant Events.
(a) The Successor Agency shall give, or cause to be given, notice of the occurrence of any of the following Listed Events with respect to the Bonds:
(1) Principal and interest payment delinquencies.
(2) Non-payment related defaults, if material.
(3) Unscheduled draws on debt service reserves reflecting financial difficulties.
(4) Unscheduled draws on credit enhancements reflecting financial difficulties.
(5) Substitution of credit or liquidity providers, or their failure to perform. (6) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices or determinations with respect to the tax status of the security, or other material events affecting the tax status of the security.
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(7) Modifications to rights of security holders, if material. (8) Bond calls, if material, and tender offers.
(9) Defeasances.
(10) Release, substitution, or sale of property securing repayment of the securities, if material.
(11) Rating changes.
(12) Bankruptcy, insolvency, receivership or similar event of the Successor Agency or other obligated person.
(13) The consummation of a merger, consolidation, or acquisition involving the Successor Agency or an obligated person, or the sale of all or substantially all of the assets of the Successor Agency or an obligated person (other than in the ordinary course of business), the entry into a definitive agreement to undertake such an action, or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material.
(14) Appointment of a successor or additional trustee or the change of name of a trustee, if material.
(15) Incurrence of a financial obligation of the Successor Agency, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a financial obligation of the Successor Agency, any of which affect security holders, if material (for the definition of “financial obligation,” see clause (e)).
(16) Default, event of acceleration, termination event, modification of terms, or other similar events under the terms of a financial obligation of the Successor Agency, any of which reflect financial difficulties (for the definition of “financial obligation,” see clause (e)).
(b) The Successor Agency shall, or shall cause the Dissemination Agent (if not the Successor Agency) to, file a notice of such occurrence with the MSRB through the EMMA System, in a timely manner not in excess of 10 business days after the occurrence of the Listed Event. Notwithstanding the foregoing, notice of Listed Events described in subsections (a)(8) and (9) above need not be given under this subsection any earlier than the notice (if any) of the underlying event is given to holders of affected Bonds under the Indenture. (c) The Successor Agency acknowledges that the events described in subparagraphs (a)(2), (a)(7), (a)(8) (if the event is a bond call), (a)(10), (a)(13), (a)(14) and (a)(15) of this Section 5 contain the qualifier “if material.” The Successor Agency shall cause a notice to be filed as set forth in paragraph (b) above with respect to any such event only to the extent that the Successor Agency determines the event’s occurrence is material for purposes of U.S. federal securities law. The Dissemination Agent shall not be responsible for determining whether an event is material.
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(d) For purposes of this Disclosure Certificate, any event described in paragraph (a)(12) above is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent, or similar officer for the Successor Agency in a proceeding under the United States Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the Successor Agency, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement, or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the Successor Agency.
(e) For purposes of Section 5(a)(15) and (16), “financial obligation” means a (i) debt obligation; (ii) derivative instrument entered into in connection with, or pledged as security or a source of payment for, an existing or planned debt obligation; or (iii) guarantee of (i) or (ii). The term financial obligation shall not include municipal securities as to which a final official statement has been provided to the MSRB consistent with the Rule.
Section 6. Termination of Reporting Obligation. The Successor Agency’s obligations under this Disclosure Certificate shall terminate upon the legal defeasance, prior redemption or payment in full of all of the Bonds or upon the delivery to the Dissemination Agent of an opinion of nationally recognized bond counsel retained by the Successor Agency to the effect that continuing disclosure is no longer required. If such termination occurs prior to the final maturity of the Bonds, the Successor Agency shall give notice of such termination in the same manner as for a Listed Event under Section 5(c).
Section 7. Dissemination Agent.
(a) The Successor Agency may, from time to time, appoint or engage a Dissemination Agent to assist it in carrying out its obligations under this Disclosure Certificate, and may discharge any such Dissemination Agent, with or without appointing a successor Dissemination Agent. The Dissemination Agent shall not be responsible in any manner for the content of any notice or report prepared by the Successor Agency pursuant to this Disclosure Certificate, unless the Successor Agency is the Dissemination Agent, as provided herein. If at any time there is no designated Dissemination Agent appointed by the Successor Agency, or if the Dissemination Agent so appointed is unwilling or unable to perform the duties of Dissemination Agent hereunder, the Successor Agency shall be the Dissemination Agent and undertake or assume its obligations hereunder. The Dissemination Agent may resign by providing thirty days written notice to the Successor Agency and the Trustee.
Any company succeeding to all or substantially all of the Dissemination Agent’s corporate trust business shall be the successor to the Dissemination Agent hereunder without the execution or filing of any paper or any further act. The Dissemination Agent may resign its duties hereunder at any time upon written notice to the Successor Agency. (b) The Dissemination Agent shall be paid compensation by the Successor Agency for its services provided hereunder in accordance with its schedule of fees as agreed to between the Dissemination Agent and the Successor Agency from time to time and for all expenses, legal fees and advances made or incurred by the Dissemination Agent in the performance of its duties hereunder. The Dissemination Agent (unless the Successor Agency is the Dissemination Agent) shall have no duty or obligation to review any information provided to it by the Successor
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Agency hereunder and shall not be deemed to be acting in any fiduciary capacity for the Successor Agency, holders or beneficial owners or any other party. The Dissemination Agent may rely and shall be protected in acting or refraining from acting upon any direction from the Successor Agency or an opinion of nationally recognized bond counsel retained by the Successor Agency.
Section 8. Amendment; Waiver. Notwithstanding any other provision of this Disclosure Certificate, the Successor Agency may amend this Disclosure Certificate, and any provision of this Disclosure Certificate may be waived, provided that the following conditions are satisfied (provided no amendment or waiver shall be made that affects the duties or rights of the Dissemination Agent without its written consent):
(a) if the amendment or waiver relates to the provisions of Sections 3(a), 4 or 5(a), it may only be made in connection with a change in circumstances that arises from a change in legal requirements, change in law, or change in the identity, nature, or status of an obligated person with respect to the Bonds, or type of business conducted; (b) the undertakings herein, as proposed to be amended or waived, would, in the opinion of nationally recognized bond counsel retained by the Successor Agency, have complied with the requirements of the Rule at the time of the primary offering of the Bonds, after taking into account any amendments or interpretations of the Rule, as well as any change in circumstances; and
(c) the proposed amendment or waiver either (i) is approved by holders of the Bonds in the manner provided in the Indenture for amendments to the Indenture with the consent of holders, or (ii) does not, in the opinion of nationally recognized bond counsel retained by the Successor Agency, materially impair the interests of the holders or beneficial owners of the Bonds.
If the annual financial information or operating data to be provided in the Annual Report is amended pursuant to the provisions hereof, the first annual financial information filed pursuant hereto containing the amended operating data or financial information shall explain, in narrative form, the reasons for the amendment and the impact of the change in the type of operating data or financial information being provided.
If an amendment is made to the undertaking specifying the accounting principles to be followed in preparing financial statements, the annual financial information for the year in which the change is made shall present a comparison between the financial statements or information prepared on the basis of the new accounting principles and those prepared on the basis of the former accounting principles. The comparison shall include a qualitative discussion of the differences in the accounting principles and the impact of the change in the accounting principles on the presentation of the financial information, in order to provide information to investors to enable them to evaluate the ability of the Successor Agency to meet its obligations.
To the extent reasonably feasible, the comparison shall be quantitative. A notice of the change in the accounting principles shall be sent to the MSRB through the EMMA System in the same manner as for a Listed Event under Section 5(c).
Section 9. Additional Information. Nothing in this Disclosure Certificate shall be deemed to prevent the Successor Agency from disseminating any other information, using the means of dissemination set forth in this Disclosure Certificate or any other means of communication, or including any other information in any Annual Report or notice of occurrence of a Listed Event,
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in addition to that which is required by this Disclosure Certificate. If the Successor Agency chooses to include any information in any Annual Report or notice of occurrence of a Listed Event in addition to that which is specifically required by this Disclosure Certificate, the Successor Agency shall have no obligation under this Disclosure Certificate to update such information or include it in any future Annual Report or notice of occurrence of a Listed Event.
Section 10. Default. In the event of a failure of the Successor Agency to comply with any provision of this Disclosure Certificate, the Participating Underwriter or any holder or beneficial owner of the Bonds may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the Successor Agency to comply with its obligations under this Disclosure Certificate. A default under this Disclosure Certificate shall not be deemed an Event of Default under the Indenture, and the sole remedy under this Disclosure Certificate in the event of any failure of the Successor Agency to comply with this Disclosure Certificate shall be an action to compel performance.
Section 11. Duties, Immunities and Liabilities of Dissemination Agent. All of the immunities, indemnities, and exceptions from liability in Article VI of the Indenture insofar as they relate to the Trustee shall apply to the Trustee and the Dissemination Agent in this Disclosure Certificate. The Dissemination Agent shall have only such duties as are specifically set forth in this Disclosure Certificate, and the Successor Agency agrees to indemnify and save the Dissemination Agent, its officers, directors, employees and agents, harmless against any loss, expense and liabilities which it may incur arising out of or in the exercise or performance of its powers and duties hereunder, including the costs and expenses (including attorneys fees) of defending against any claim of liability, but excluding liabilities due to the Dissemination Agent’s negligence or willful misconduct. The Dissemination Agent may rely and shall be protected in acting or refraining from acting upon any direction from the Successor Agency or an opinion of nationally recognized bond counsel retained by the Successor Agency. The obligations of the Successor Agency under this Section shall survive resignation or removal of the Dissemination Agent and payment of the Bonds. No person, other than the Successor Agency, shall have any right to commence any action against the Trustee or Dissemination Agent seeking any remedy other than to compel specific performance of this Disclosure Certificate.
Section 12. Beneficiaries. This Disclosure Certificate shall inure solely to the benefit of the Successor Agency, the Dissemination Agent, the Participating Underwriter and holders and beneficial owners from time to time of the Bonds, and shall create no rights in any other person or entity.
[Signature Page Follows]
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Dated: ____________, 2026
SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE CITY OF
PITTSBURG
By
Name:
Title:
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APPENDIX E
AUDITED FINANCIAL STATEMENTS OF THE CITY
FOR FISCAL YEAR 2024-25
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APPENDIX F
CITY OF PITTSBURG AND CONTRA COSTA COUNTY GENERAL INFORMATION The following information in this section of the Official Statement concerning the City of Pittsburg and surrounding areas is included only for the purpose of supplying general information regarding the community. The taxing power of the City of Pittsburg, Contra Costa County, the State of California, and any political subdivision thereof is not pledged to the payment of the Bonds. The Bonds are not a debt of the City of Pittsburg, Contra Costa County, the State of California, or any of its political subdivisions, and neither the City, the County, the State nor any of its political subdivisions is liable therefor.
General
The City. The City is located in the eastern portion of the County at the confluence of the San Joaquin and Sacramento Rivers about 40 miles northeast of San Francisco. Originally a coal shipping port, the City was founded in 1849, and incorporated in 1903 as a general law city. In the 1940’s and early 1950’s, the City was a major commercial and industrial center for the County and the eastern ports of the greater San Francisco Bay Area. During World War II and the Korean War it was a major military embarkation point. Today, the City is part of the second largest industrial center in the County.
The County. Situated northeast of San Francisco, the County is bounded by San Francisco and San Pablo Bays, the Sacramento River Delta, and by Alameda County on the south. Ranges of hills effectively divide the County into three distinct regions. The western portion, with its access to water, contains much of the County’s heavy industry. The central section is rapidly developing from a suburban area into a major commercial and financial headquarters center. The eastern part is also undergoing substantial change, from a rural, agricultural area, to a suburban region. The County has extensive and varied transportation facilities-ports accessible to ocean-going vessels, railroads, freeways, and rapid transit lines connecting the area with Alameda County and San Francisco.
Population
The following table lists population figures for the City, the County and the State for the last five calendar years.
CITY OF PITTSBURG, CONTRA COSTA COUNTY AND STATE OF CALIFORNIA Population Estimates as of January 1
Calendar Years 2022 Through 2026
Year
City of
Pittsburg
Contra Costa
County
State of
California
2022 75,169 1,158,235 39,159,480
2023 75,202 1,152,728 39,167,274
2024 76,139 1,163,060 39,446,835
2025 76,922 1,167,506 39,646,907
2026 76,484 1,163,891 39,592,978
Source: State Department of Finance estimates (as of January 1).
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Employment and Industry
The unemployment rate in the Oakland-Fremont-Berkeley Metropolitan Division was
4.1% in April 2026, down from a revised 4.3% in March 2026, and below the year-ago estimate of 4.3%. This compares with an unadjusted unemployment rate of 5.0% for California and 4.0% for the nation during the same period. The unemployment rate was 4.1% in Alameda County, and 4.2% in Contra Costa County.
The table below lists employment by industry group for the Oakland-Fremont-Berkeley Metropolitan Division (Alameda and Contra Costa counties) for the years 2021 to 2025.
OAKLAND-FREMONT-BERKELEY MD
(Alameda and Contra Costa Counties)
Annual Averages Civilian Labor Force, Employment and Unemployment, Employment by Industry
(March 2025 Benchmark)
2021 2022 2023 2024 2025
Civilian Labor Force (1) 1,417,100 1,434,900 1,451,300 1,455,300 1,459,600 Employment 1,332,800 1,387,700 1,395,500 1,390,400 1,391,000 Unemployment 84,300 47,100 55,700 64,800 68,600
Unemployment Rate 5.9% 3.3% 3.8% 4.5% 4.7%
Wage and Salary Employment: (2)
Agriculture 1,700 1,900 1,800 1,500 1,300
Mining, Logging and Construction 74,500 75,900 76,000 74,400 71,300 Manufacturing 106,000 112,300 111,200 104,100 98,400
Wholesale Trade 41,100 41,500 41,200 40,400 40,100
Retail Trade 105,300 106,200 105,300 103,200 101,900
Transportation, Warehousing and Utilities 47,100 51,700 52,200 52,000 50,900 Information 24,700 25,000 25,100 24,800 24,500
Finance and Insurance 34,800 33,600 31,100 28,800 27,300 Real Estate and Rental and Leasing 17,200 18,400 18,500 18,100 17,600 Professional and Business Services 190,900 194,800 188,300 186,400 183,300 Educational and Health Services 198,500 205,800 216,800 229,700 241,000 Leisure and Hospitality 92,500 108,300 111,700 111,000 110,500 Other Services 35,600 39,200 41,500 43,000 43,800
Federal Government 13,400 13,100 13,200 13,300 12,700
State Government 35,900 33,100 34,500 36,600 36,300
Local Government 111,800 115,200 118,000 123,100 126,100 Total, All Industries (3) 1,130,900 1,176,000 1,186,300 1,190,200 1,187,000
(1) Labor force data is by place of residence; includes self-employed individuals, unpaid family workers, household domestic workers, and workers on strike.
(2) Industry employment is by place of work; excludes self-employed individuals, unpaid family workers, household domestic workers, and workers on strike.
(3) Totals may not add due to rounding.
Source: Labor Division of the California State Employment Development Department.
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Principal Employers
The following table shows the principal employers in the City, as shown in the City’s Comprehensive Annual Financial Report for fiscal year ending June 30, 2025.
CITY OF PITTSBURG
Principal Employers
Employer
Number of
Employees
Percent of Total
Employment
Pittsburg Unified School District 1,290 3.2%
Los Medanos Community College -- 0.0
City of Pittsburg 324 0.8
Ramar Foods 234 0.6
Walmart 217 0.5
WinCo Foods 168 0.4
Home Depot 163 0.4
McCampbell Analytical, Inc. 129 --
Corteva (formerly DOW Chemical Company) 125 0.3
Safeway 125 0.3
Source: City Of Pittsburg, Annual Comprehensive Financial Report for the Fiscal Year Ended June 30, 2025.
Major Employers
The table below lists the major employers in the County, listed alphabetically.
CONTRA COSTA COUNTY
Major Employers
May 2026
Employer Name Location Industry
BART Richmond Transit Lines
Bio-Rad Laboratories Inc Hercules Physicians & Surgeons Equip & Supls-Mfrs C & H Sugar Crockett Sugar Refiners (mfrs)
Chevron Global Downstream LLC San Ramon Management Services Contra Costa County Health Svc Martinez Government Offices-County Contra Costa Regional Med Ctr Martinez Hospitals
Crash Champions Collision Concord Automobile Body-Repairing & Painting Fresenius Manufacturing Concord Physicians & Surgeons Equip & Supls-Mfrs Home & Hospital Program Concord Educational Service-Business John Muir Health Concord Med Concord Hospitals
Kaiser Permanente Antioch Med Antioch Hospitals
Kaiser Permanente Martinez Med Martinez Clinics
Kaiser Permanente Park Walnut Creek Physicians & Surgeons Kaiser Permanente Walnut Creek Walnut Creek Hospitals
La Raza Market Richmond Grocers-Retail
Los Medanos College Pittsburg Junior-Community College-Tech Institutes Macias Gini & O’Connell LLP Walnut Creek Accountants
Martinez Arts Outpatient Clnc Martinez Physicians & Surgeons Martinez Refining Co LLC Martinez Crude Oil-Petroleum Refineries Nordstrom Walnut Creek Department Stores
Oakley Union School District Oakley School Districts
Phillips 66 Sn Francisco Rfnry Rodeo Crude Oil-Petroleum Refineries Robert Half San Ramon Employment Agencies & Opportunities San Ramon Regional Medical Ctr San Ramon Hospitals
Sutter Delta Medical Ctr Antioch Hospitals
Source: State of California Employment Development Department, extracted from The America’s Labor Market Information System (ALMIS) Employer Database, 2026 1st edition.
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Commercial Activity
Summaries of the historic taxable sales within the City and the County during the past five years in which data is available are shown in the following tables.
Total taxable sales during calendar year 2025 in the City were reported to be $970.7 million, a 3.24% decrease from the total taxable sales of $1,003.2 million reported during calendar year 2024.
CITY OF PITTSBURG
Taxable Retail Sales
Number of Permits and Valuation of Taxable Transactions (Dollars in Thousands)
Retail Stores Total All Outlets
Number
of Permits
Taxable
Transactions
Number
of Permits
Taxable
Transactions
2020 747 $577,920 1,229 $854,155
2021 797 677,233 1,283 963,315
2022 844 667,740 1,319 1,225,633
2023 825 640,633 1,285 1,101,816
2024 831 626,885 1,327 1,003,156
2025 830 618,632 1,365 970,693
Source: State Department of Tax and Fee Administration.
Total taxable sales during calendar year 2025 in the County were reported to be $22.0 billion, a 0.34% decrease from the total taxable sales of $22.1 billion reported during calendar year 2024.
CONTRA COSTA COUNTY
Taxable Retail Sales
Number of Permits and Valuation of Taxable Transactions (Dollars in Thousands)
Retail Stores Total All Outlets
Number
of Permits
Taxable
Transactions
Number
of Permits
Taxable
Transactions
2020 15,832 $13,144,244 27,445 $18,043,575
2021 15,000 14,956,873 26,049 21,057,354
2022 15,240 15,790,210 26,633 22,521,022
2023 15,036 15,639,934 26,351 22,373,010
2024 15,185 15,677,469 26,776 22,091,501
2025 15,198 15,703,473 27,158 22,016,566
Source: State Department of Tax and Fee Administration.
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Construction Activity
The following tables show a five-year summary of the valuation of building permits issued in the City and the County.
CITY OF PITTSBURG
Building Permit Valuation
(Valuation in Thousands of Dollars)
2020 2021 2022 2023 2024
Permit Valuation
New Single-family $19,937.1 $39,886.5 $16,745.4 $51,559.8 $9,351.1 New Multi-family 15,253.6 67,002.9 3,320.4 0.0 0.0
Res. Alterations/Additions 2,235.9 1,079.4 5,437.2 3,529.5 4,401.3 Total Residential 37,426.6 107,968.8 25,503.0 55,089.3 13,752.4
New Commercial 14,736.8 2,294.0 11,750.0 1,276.2 11,276.2 New Industrial 31,644.7 0.0 0.0 0.0 0.0
New Other 2,350.0 342.9 2,298.7 591.3 2,150.7
Com. Alterations/Additions 8,840.0 480.4 5,507.2 2,853.4 2,571.6 Total Nonresidential 57,571.5 3,117.3 19,555.9 4,720.9 15,998.50
New Dwelling Units
Single Family 101 198 84 133 53
Multiple Family 84 434 16 0 0
TOTAL 185 632 100 133 53
Source: Construction Industry Research Board, Building Permit Summary.
CONTRA COSTA COUNTY
Building Permit Valuation
(Valuation in Thousands of Dollars)
2020 2021 2022 2023 2024
Permit Valuation
New Single-family $458,503.6 $605,008.9 $492,220.0 $509,605.9 $318,793.4 New Multi-family 203,967.0 273,036.5 180,263.9 180,831.9 129,381.8 Res. Alterations/Additions 213,069.9 264,419.4 330,704.1 346,446.8 290,840.2 Total Residential 875,540.5 1,142,464.8 1,003,188.0 1,036,884.6 739,015.4
New Commercial 175,260.2 147,251.4 92,978.3 39,853.5 43,667.9 New Industrial 50,551.2 486.2 2,510.0 3,542.1 0.0
New Other 55,865.5 89,392.6 139,806.0 258,149.1 160,331.3 Com. Alterations/Additions 142,395.8 144,697.4 271,701.4 316,831.5 331,519.4 Total Nonresidential 424,072.7 381,827.6 506,995.7 618,376.2 535,518.6
New Dwelling Units
Single Family 1,525 2,229 1,646 1,497 1,015
Multiple Family 1,243 1,695 924 950 269
TOTAL 2,768 3,924 2,570 2,447 1,284
Source: Construction Industry Research Board, Building Permit Summary.
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Effective Buying Income
“Effective Buying Income” is defined as personal income less personal tax and non-tax payments, a number often referred to as “disposable” or “after-tax” income. Personal income is the aggregate of wages and salaries, other labor-related income (such as employer contributions to private pension funds), proprietor’s income, rental income (which includes imputed rental income of owner-occupants of non-farm dwellings), dividends paid by corporations, interest income from all sources, and transfer payments (such as pensions and welfare assistance). Deducted from this total are personal taxes (federal, state and local), nontax payments (fines, fees, penalties, etc.) and personal contributions to social insurance.
According to U.S. government definitions, the resultant figure is commonly known as “disposable personal income.”
The following table summarizes the total effective buying income for the City, the County, the State and the United States for the period 2022 through 2026.
CITY OF PITTSBURG, CONTRA COSTA COUNTY, AND THE STATE OF CALIFORNIA Effective Buying Income
As of January 1, 2022 through 2026
Year Area
Total Effective
Buying Income
(000’s Omitted)
Median
Household
Effective Buying
Income
2022 City of Pittsburg $2,228,261 $75,695
Contra Costa County 57,555,435 98,409
California 1,452,426,153 77,058
United States 11,208,582,541 64,448
2023 City of Pittsburg $2,415,703 $81,787
Contra Costa County 57,205,397 98,536
California 1,461,799,662 77,175
United States 11,454,846,397 65,326
2024 City of Pittsburg $2,451,327 $83,254
Contra Costa County 57,949,909 101,689
California 1,510,708,521 80,973
United States 11,987,185,826 67,876
2025 City of Pittsburg $2,511,523 $87,811
Contra Costa County 58,695,221 103,380
California 1,557,429,767 82,725
United States 12,525,577,707 69,687
2026 City of Pittsburg $2,925,416 $92,946
Contra Costa County 64,568,804 113,062
California 1,730,654,738 90,403
United States 13,932,177,817 75,433
Source: Claritas, LLC.
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Education
The City of Pittsburg is served by three different school districts: Pittsburg Unified School District, Antioch Unified School District and Mt. Diablo Unified School District. The Pittsburg Unified School District operates eight elementary schools, three junior high schools, one comprehensive high school, one alternative education high school, adult education, independent study, alternative learning experiences and early childhood education services.
The Antioch Unified School District operates thirteen elementary schools, four middle schools, two comprehensive high schools, three specialized high schools, and one K-8 school. They also offer a home schooling program, adult education courses, and other programs to fit the needs of all students. Mt. Diablo operates thirty elementary schools, nine middle schools, five high schools, and two adult education centers. In addition there is also a community college, Los Medanos College.
Transportation
Pittsburg is easily accessible via state Highway 4 and also by the Bay Area Rapid Transit system (“BART”). Tri Delta Transit provides the local bus service in the Pittsburg area.
An extension of BART into eastern Contra Costa County opened in May 2018, with 10 new miles of track and new stations in Pittsburg and Antioch. [Remainder of page intentionally left blank]
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APPENDIX G
BOOK-ENTRY ONLY SYSTEM
The information in this Appendix G concerning The Depository Trust Company (“DTC”), New York, New York, and DTC’s book-entry system has been obtained from DTC and the Successor Agency takes no responsibility for the completeness or accuracy thereof. The Successor Agency cannot and does not give any assurances that DTC, DTC Participants or Indirect Participants will distribute to the Beneficial Owners (a) payments of interest, principal or premium, if any, with respect to the Bonds, (b) certificates representing ownership interest in or other confirmation or ownership interest in the Bonds, or (c) redemption or other notices sent to DTC or Cede & Co., its nominee, as the registered owner of the Bonds, or that they will so do on a timely basis, or that DTC, DTC Participants or DTC Indirect Participants will act in the manner described in this Appendix. The current “Rules” applicable to DTC are on file with the Securities and Exchange Commission and the current “Procedures” of DTC to be followed in dealing with DTC Participants are on file with DTC.
DTC, New York, NY, will act as securities depository for the Bonds. The Bonds will be issued as fully-registered securities registered in the name of Cede & Co. (DTC’s partnership nominee) or such other name as may be requested by an authorized representative of DTC.
One fully-registered certificate will be issued for each maturity of the Bonds, each in the aggregate principal amount of such maturity, and will be deposited with DTC.
DTC, the world’s largest securities depository, is a limited-purpose trust company organized under the New York Banking Law, a “banking organization” within the meaning of the New York Banking Law, a member of the Federal Reserve System, a “clearing corporation” within the meaning of the New York Uniform Commercial Code, and a “clearing Successor Agency” registered pursuant to the provisions of Section 17A of the Securities Exchange Act of 1934. DTC holds and provides asset servicing for over 3.5 million issues of U.S. and non-U.S. equity issues, corporate and municipal debt issues, and money market instruments (from over 100 countries) that DTC’s participants (“Direct Participants”) deposit with DTC. DTC also facilitates the post-trade settlement among Direct Participants of sales and other securities transactions in deposited securities, through electronic computerized book-entry transfers and pledges between Direct Participants’ accounts. This eliminates the need for physical movement of securities certificates. Direct Participants include both U.S. and non-U.S. securities brokers and dealers, banks, trust companies, clearing corporations, and certain other organizations.
DTC is a wholly-owned subsidiary of The Depository Trust & Clearing Corporation (“DTCC”).
DTCC is the holding company for DTC, National Securities Clearing Corporation and Fixed Income Clearing Corporation, all of which are registered clearing agencies. DTCC is owned by the users of its regulated subsidiaries. Access to the DTC system is also available to others such as both U.S. and non-U.S. securities brokers and dealers, banks, trust companies, and clearing corporations that clear through or maintain a custodial relationship with a Direct Participant, either directly or indirectly (“Indirect Participants”). DTC has a Standard & Poor’s rating of AA+. The DTC Rules applicable to its Participants are on file with the Securities and Exchange Commission. More information about DTC can be found at www.dtcc.com. The information set forth on such website is not incorporated herein by reference.
Purchases of Bonds under the DTC system must be made by or through Direct Participants, which will receive a credit for the Bonds on DTC’s records. The ownership interest of each actual purchaser of each Bond (“Beneficial Owner”) is in turn to be recorded on the Direct and Indirect Participants’ records. Beneficial Owners will not receive written confirmation
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from DTC of their purchase. Beneficial Owners are, however, expected to receive written confirmations providing details of the transaction, as well as periodic statements of their holdings, from the Direct or Indirect Participant through which the Beneficial Owner entered into the transaction. Transfers of ownership interests in the Bonds are to be accomplished by entries made on the books of Direct and Indirect Participants acting on behalf of Beneficial Owners. Beneficial Owners will not receive certificates representing their ownership interests in Bonds, except in the event that use of the book-entry system for the Bonds is discontinued.
To facilitate subsequent transfers, all Bonds deposited by Direct Participants with DTC are registered in the name of DTC’s partnership nominee, Cede & Co., or such other name as may be requested by an authorized representative of DTC. The deposit of Bonds with DTC and their registration in the name of Cede & Co. or such other DTC nominee do not effect any change in beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the Bonds; DTC’s records reflect only the identity of the Direct Participants to whose accounts such Bonds are credited, which may or may not be the Beneficial Owners. The Direct and Indirect Participants will remain responsible for keeping account of their holdings on behalf of their customers.
Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants to Indirect Participants, and by Direct Participants and Indirect Participants to Beneficial Owners will be governed by arrangements among them, subject to any statutory or regulatory requirements as may be in effect from time to time. Beneficial Owners of Bonds may wish to take certain steps to augment the transmission to them of notices of significant events with respect to the Bonds, such as redemptions, tenders, defaults, and proposed amendments to the bond documents. For example, Beneficial Owners of Bonds may wish to ascertain that the nominee holding the Bonds for their benefit has agreed to obtain and transmit notices to Beneficial Owners. In the alternative, Beneficial Owners may wish to provide their names and addresses to the registrar and request that copies of notices be provided directly to them.
Redemption notices shall be sent to DTC. If less than all of the Bonds within a maturity are being redeemed, DTC’s practice is to determine by lot the amount of the interest of each Direct Participant in such maturity to be redeemed.
Neither DTC nor Cede & Co. (nor any other DTC nominee) will consent or vote with respect to Bonds unless authorized by a Direct Participant in accordance with DTC’s MMI Procedures. Under its usual procedures, DTC mails an Omnibus Proxy to the Successor Agency as soon as possible after the record date. The Omnibus Proxy assigns Cede & Co.’s consenting or voting rights to those Direct Participants to whose accounts Bonds are credited on the record date (identified in a listing attached to the Omnibus Proxy).
Principal, premium (if any), and interest payments on the Bonds will be made to Cede & Co., or such other nominee as may be requested by an authorized representative of DTC.
DTC’s practice is to credit Direct Participants’ accounts upon DTC’s receipt of funds and corresponding detail information from the Successor Agency or the Trustee, on payable date in accordance with their respective holdings shown on DTC’s records. Payments by Participants to Beneficial Owners will be governed by standing instructions and customary practices, as is the case with securities held for the accounts of customers in bearer form or registered in “street name,” and will be the responsibility of such Participant and not of DTC, the Trustee, or the Successor Agency, subject to any statutory or regulatory requirements as may be in effect from time to time. Principal, premium (if any), and interest payments with respect to the Bonds to Cede & Co. (or such other nominee as may be requested by an authorized representative of
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DTC) is the responsibility of the Successor Agency or the Trustee, disbursement of such payments to Direct Participants will be the responsibility of DTC, and disbursement of such payments to the Beneficial Owners will be the responsibility of Direct and Indirect Participants.
DTC may discontinue providing its services as depository with respect to the Bonds at any time by giving reasonable notice to the Successor Agency or the Trustee. Under such circumstances, in the event that a successor depository is not obtained, certificates representing the Bonds are required to be printed and delivered.
The Successor Agency may decide to discontinue use of the system of book-entry-only transfers through DTC (or a successor securities depository). In that event, representing the Bonds will be printed and delivered to DTC in accordance with the provisions of the Indenture.
The information in this section concerning DTC and DTC’s book-entry system has been obtained from sources that the Successor Agency believes to be reliable, but the Successor Agency takes no responsibility for the accuracy thereof.
Combined Agency/City Council Minutes Page 1 of 3 June 1, 2026
CITY OF PITTSBURG
CITY COUNCIL/AGENCY CONCURRENT MEETING MINUTES
DATE: June 1, 2026
LOCATION: Council Chamber, City Hall, 65 Civic Avenue, Pittsburg, CA 94565
CITY COUNCIL/AGENCY MEMBERS
Dionne Adams, Mayor/Chair
Angelica Lopez, Vice-Mayor/Chair
Juan Antonio Banales, Council/Agency Member
Arlene Kobata, Council/Agency Member
Jelani Killings, Council/Agency Member
S.L. Floyd, Agency Member
Annie Hill Herring, Agency Member
APPOINTED OFFICIALS
Darin Gale, City Manager/Executive Director
Donna Mooney, City Attorney/Legal Counsel
Alice E. Evenson, City Clerk/Agency Secretary (elected) Nancy Parent, City Treasurer (elected)
Mayor Adams called the regular meeting to order at 7:03 P.M. in the Council Chamber at City Hall, 65 Civic Avenue Pittsburg, CA. after having convened at 6:07 P.M. for a special meeting for a Budget Workshop.
ROLL CALL
All Members were present.
PLEDGE OF ALLEGIANCE
Mayor Adams led the Pledge of Allegiance.
PRESENTATIONS
1. Police Department Cadet Introductions
PROCLAMATIONS
2. Think Pittsburg – Aldas Kitchen and Bakery
3. Pride Month
4. Relay for Life
COMMITTEE REPORTS
There were no committee reports.
Combined Agency/City Council Minutes Page 2 of 3 June 1, 2026
PUBLIC COMMENTS
The following speakers provided in-person comments and concerns about the Data Center:
Kristen Colchico
Mark Davey
Judy Dudziak
The following speakers participated remotely:
Nikesh Patel provided information regarding City Council meetings.
Sydney Wright provided information about hybrid meetings that the City Council will hold beginning in July, noting this will give the public the option to participate either in person or remotely.
PUBLIC HEARING
5. Public Hearing on the 2025 Urban Water Management Plan, to Remain Open Through June 15, 2026
Mayor Adams opened the Public Hearing. There were no public comments. No action was taken and the Public Hearing remains open until June 15, 2026.
CONSIDERATION
6. Future Agenda Item Regarding Reviewing the Compensation for the Elected City Clerk and Treasurer
On Motion by Mayor Adams, seconded by Vice Mayor Lopez, to allocate staff time and resources for the development and presentation of options and feasibility to the Finance Management Subcommittee for review and recommendation. The motion carried unanimously.
CONFLICT OF INTEREST STATEMENT
Mayor Adams and Member Banales recused themselves from Consent Calendar item #12 both due to real property interest in proximity of the proposed project.
COMBINED CITY COUNCIL, PITTSBURG ARTS AND COMMUNITY FOUNDATION,
PITTSBURG POWER COMPANY, SOUTHWEST PITTSBURG GHAD II AND SUCCESSOR
AGENCY CONSENT CALENDAR
On Motion by Vice Mayor Lopez, seconded by Member Kobata and adopted unanimously
7. Minutes of May 18, 2026
8. Adoption of a City Council Resolution Approving Revisions to the City's Investment Policy
Combined Agency/City Council Minutes Page 3 of 3 June 1, 2026
9. Adoption of a City Council Resolution Authorizing the City Manager to Execute an Agreement with R3 Consulting Group, Inc. for Solid Waste Consulting Services
10. Adoption of a City Council Resolution Approving the Preliminary Engineer's Report for Citywide Landscaping and Lighting Assessment District 1988-1, Declaring Intent to Levy and Collect Assessments for Fiscal Year 2026/27, and Setting a Date to Conduct a Public Hearing
11. Adoption of a City Council Resolution Approving the Preliminary Engineer's Report for Oak Hills Landscaping and Lighting Assessment District 1988-2, Declaring Intent to Levy and Collect Assessments for Fiscal Year 2026/27, and Setting a Date to Conduct a Public Hearing
12. Adoption of a City Council Resolution Authorizing the City Manager to Execute a Consulting Services Agreement with Stantec Consulting Services Inc. for Environmental Review for the Esperanza at San Marco Project
13. Adoption of City Council Resolution Authorizing a Request to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2026/27 Transportation Development Act Article 3 Pedestrian/Bicycle Funding for Project 2060-Walk-Smart Crosswalk Improvements, Phase II
14. Adoption of a City Council Resolution Approving the Final Map, Subdivision Improvement Agreement, and Improvement Plans for Subdivision 9587 Tuscany Meadows Unit 2
15. Adoption of a Pittsburg Power Company Resolution Authorizing the Executive Director to Execute a Purchase Contract for Three Utility Vehicles for Island Energy
COUNCIL REQUEST FOR FUTURE AGENDA ITEMS
There were no requests for future agenda items.
COUNCIL MEMBER REMARKS
Vice Mayor Lopez provided remarks on the Pittsburg Cares 5K Fun Run, noting it was a great event.
Member Kobata provided remarks on the swearing-in ceremony for incoming Chief Galer and highlighted several community events she attended, including the Memorial Day celebration, the Pittsburg Police 6th Annual Classic Car Show, and the ribbon-cutting ceremony for RP Books.
Mayor Adams provided remarks on Restaurant week. She gave kudos to all involved in making it happen. She also reminded the community that Tri-Delta Transit will have free rides for students this summer.
CITY MANAGER REPORTS/REMARKS
City Manager Gale gave kudos to staff involved in the success of the events mentioned by City Council. He noted he attended the New Fire Chief’s swearing in and reported on
Combined Agency/City Council Minutes Page 4 of 3 June 1, 2026 upcoming community events.
ADJOURNMENT
The meeting adjourned at 7:58 P.M. to June 15, 2026.
Respectfully submitted,
Alice E. Evenson, City Clerk
STAFF REPORT
MEETING DATE: June 15, 2026
TO: Mayor and Council Members
FROM: Darin E. Gale‚ City Manager
Melaine Venenciano, Director of City Clerk Services
SUBJECT: Consideration of a Recess of the July 6, 2026 City Council Meeting
EXECUTIVE SUMMARY
Historically, the City Council has recessed one regular meeting during the summer months. This practice provides Councilmembers the opportunity to schedule vacations around the July 4th holiday period.
FISCAL IMPACT
There is no fiscal impact on approving this minute order.
RECOMMENDATION
By motion, approve a recess of the July 6, 2026 City Council meeting.
BACKGROUND
Historically, the City Council has recessed one regular meeting during the summer months. This practice provides Councilmembers the opportunity to schedule vacations around the July 4th holiday period.
SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.
STAFF ANALYSIS
Historically, the City Council has recessed one regular meeting during the summer months. This practice provides Councilmembers the opportunity to schedule vacations around the July 4th holiday period.
For Council’s consideration, staff is recommending the Council recess the July 6, 2026 regular City Council meeting.
In the coming months, staff will return with a more comprehensive report to allow the Council to consider any additional recesses or potential meeting cancellations for the 2027 calendar year. Given the proximity of the July 4th holiday, staff is bringing this recommendation forward now for timely consideration.
STAFF REPORT
MEETING DATE: June 15, 2026
TO: Mayor and Council Members
FROM: Darin E. Gale‚ City Manager
John Samuelson, Director of Public Works/City Engineer
Tina Tan, Assistant Engineer
SUBJECT: Adoption of a City Council Resolution Accepting the Plans and Specifications, Waiving the Bid Irregularity, and
Awarding Project 3024—Buchanan Road Slope Repair
EXECUTIVE SUMMARY
Project 3024 - Buchanan Road Slope Repair (Project) is for the repairs to the slope on the south side of Buchanan Road, between Heights Avenue and Quercus Lane, damaged by the 2022/23 winter storm season. The repairs consist of the reestablishment of the slope through excavation of the damaged area and reconstructing the embankment using engineering fill. Adoption of this resolution will accept the Project plans and specifications, waive the bid irregularity, and award a construction contract to Kerex Engineering, Inc.
FISCAL IMPACT
The anticipated total expenditure for the Project is $1,733,436, which includes design, construction award, contingency, and construction support services. Funding will be provided by $2,000,000 from General Fund Reserves previously allocated to the Project on June 19, 2023, and $1,323,436 from administered U.S. Department of Transportation Federal Highway Administration (FHWA) Maintenance Program local advance construction funds that was previously allocated to the Project as part of the Five-Year Capital Improvement Program for Fiscal Year 2025/26 through 2029/30.
An updated CIP Project Sheet is attached to this Staff Report.
RECOMMENDATION
City Council adopt the attached Resolution, accepting the Project plans and specifications, waiving the bid irregularity, and authorizing the City Manager to execute a contract with Kerex Engineering, Inc. for a total amount not to exceed $1,300,000 for the construction of the Project.
Staff recommends that the City Council allocate a construction contingency in the amount of $130,000 for any unanticipated costs and contract change orders.
Staff further recommends that the City Engineer be authorized to approve contract change orders for the Project in a total amount not to exceed 50% of the construction contingency, and the City Manager be authorized to approve change orders in an amount not to exceed the approved project budget.
BACKGROUND
In January 2023, severe atmospheric river storm events caused significant erosion and damage to the Buchanan Road slope.
On January 17, 2023, the City Council adopted Resolution No. 23-14235 ratifying a proclamation of a local emergency due to unusual atmospheric river storm events and flooding.
On March 6, 2023, the City Council adopted Resolution No. 23-14257 continuing the local emergency due to storms until its termination is proclaimed.
On June 19, 2023, the City Council adopted Resolution No. 23-14326 allocating $2,000,000 of the General Fund Reserve to the Project.
On January 9, 2024, the staff advertised the project for construction. Ground Control, Inc. was the lowest responsive, responsible bidder. The contract was subsequently terminated due to the contractor’s failure to perform in accordance with the project requirements.
On March 7, 2025, the City received approval from the Federal Highway Administration (FHWA) for the Damage Assessment Form (DAF) documenting eligible storm-related damages for the Project.
On April 8, 2026, the City received federal authorization (E-76) from Caltrans to proceed with permanent restoration construction for the Project.
On April 30, 2026, staff advertised the Project for construction bids; and Kerex Engineering, Inc. was the lowest responsive, responsible bidder with a base bid amount of $1,300,000.
SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee meeting.
STAFF ANALYSIS
The Project will repair a significant slope failure that occurred during storm events in 2023. The affected slope spans approximately 200 feet in length and stands at an elevation of 30 feet, posing a potential threat to stability of the surrounding area.
Completion of the Project will improve slope stability, reduce the risk of future slope failure, and protect the adjacent roadway. The Project will also enhance public safety and ensure the long-term reliability of Buchanan Road as a critical access route.
On May 22, 2026, Ground Control, Inc. submitted a bid protest stating Kerex Engineering, Inc. did not conform to the bid requirements due to the subcontractor’s list not identifying the percentage of work to be performed by a subcontractor, West Coast Drilling.
Staff reviewed the bid protest and forwarded it to Kerex Engineering, Inc. on May 22, 2026, requesting a response. On May 26, 2026, Kerex Engineering, Inc. provided a response stating that the omission of the subcontractor percentage does not affect the validity of the bid and should be considered a minor irregularity.
Staff reviewed the bid protest, and Kerex Engineering, Inc. response, and determined that the omission constitutes a minor bid irregularity that does not provide a competitive advantage or materially affect the bid proposal. Section 11 of the Instructions to Bidders provides that the “City reserves the unfettered right, acting in its sole discretion, to waive or decline to waive any immaterial bid irregularities.” Therefore, staff recommends that the City Council waive the irregularity and award the contract to Kerex Engineering, Inc.
Sealed bids for the Project were opened on May 20, 2026. Four bids were received; and Kerex Engineering, Inc. had the lowest bid with a base bid amount of $1,300,000.
The low bid submitted by Kerex Engineering, Inc. has been checked for arithmetic errors, completeness, and conformance with the bid requirements.
ATTACHMENTS: Resolution
CIP Project Sheet
Resolution No. Page 1 of 2 June 15, 2026
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Accepting the Plans and Specifications, )
Waiving the Bid Irregularity, and Awarding )
Project 3024- Buchanan Road Slope Repair ) RESOLUTION NO.
WHEREAS, Project 3024 – Buchanan Road Slope Repair (Project) is for the repair and re-establishment of the slope through excavation of the damaged area and reconstructing the embankment using engineering fill; and WHEREAS, on January 17, 2023, the City Council adopted Resolution No. 23- 14235 ratifying a proclamation of local emergency due to unusual atmospheric river storm events; and
WHEREAS, on March 6, 2023, the City Council adopted Resolution No. 23-14257 continuing the local emergency due to storms until its termination is proclaimed; and WHEREAS, on June 19, 2023, the City Council adopted Resolution No. 23-14326 allocating $2,000,000 of the General Fund Reserve to the Project; and WHEREAS, on January 9, 2024, the City advertised the project for construction bids; and
WHEREAS, on March 4, 2024, the City Council adopted Resolution No. 23-14326, awarding the construction contract to Ground Control, Inc. However, the contract was subsequently terminated due to the contractor’s failure to perform in accordance with the project requirements; and
WHEREAS, on March 7, 2025, the City received approval from the Federal Highway Administration (FHWA) for the Damage Assessment Form (DAF) documenting eligible storm-related damages for the Project; and
WHEREAS, on April 8, 2026, the City received the federal authorization (E-76) from Caltrans to proceed with permanent restoration construction for the Project; and WHEREAS, on May 20, 2026, four construction bids were received, and Kerex Engineering, Inc. was the lowest responsive, responsible bidder with a base bid in the amount of $1,300,000.
WHEREAS, on May 22, 2026, the City received a bid protest from bidder Ground Control, Inc. asserting Kerex Engineering, Inc. did not conform to the bid requirements due to the subcontractor’s list not identifying the percentage of work to be performed by a subcontractor, West Coast Drilling.
Resolution No. Page 2 of 2 June 15, 2026
WHEREAS, staff forwarded the bid protest to Kerex Engineering, Inc., and Kerex Engineering, Inc. provided a response stating that the omission of the subcontractor percentage does not affect the validity of the bid and should be considered a minor irregularity.
WHEREAS, staff reviewed the bid protest, and Kerex Engineering, Inc. response, and determined that the omission constitutes a minor bid irregularity that does not provide a competitive advantage or materially affect the bid proposal. Therefore, staff recommends that the City Council waive the bid irregularity and award the contract to Kerex Engineering, Inc.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pittsburg hereby accepts the plans and specifications, waives the bid irregularity, awards a construction contract to Kerex Engineering, Inc. in an amount of $1,300,000, authorizes a contingency in the amount of $130,000, authorizes the City Engineer to approve contract change orders in an amount not to exceed 50% of the contingency, and authorizes the City Manager to approve change orders for an amount not to exceed the approved Project budget.
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 15th day of June 2026, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
_____________________________
Dionne Adams, Mayor
ATTEST:
_______________________________
Alice E. Evenson, City Clerk
City of Pittsburg 2026/27 – 2030/31 Capital Improvement Program Project Title: Project #:
Buchanan Road Slope Repair 3024
Description/Justification:
The Buchanan Road slope was damaged and significantly eroded during the unusual atmospheric river storm events of January 2023. The failure is within the City’s right-of-way, but it could threaten the stability of several houses above the slope.
The work to repair and re-establish the slope will include removal of unsuitable soil and rebuilding and strengthening the terraces with suitable imported material, geotechnical fabrics, and other methods as needed and to be specified during design.
Supplemental Information:
This project qualifies for the Emergency Relief Program managed by Caltrans. The City of Pittsburg was awarded funding under the U.S. Department of Transportation Federal Highway Administration Maintenance program in March 2025.
PROJECT EXPENDITURES Prior 2025/26 2026/27 2027/28 2028/29 2029/30 2030/31 TOTAL 1101 Staff Time 23,317$ 55,000$ 78,317$
2122 Design 147,865$ 147,865$
2281 Construction 1,445,718$ 1,445,718$
2372 Administrative Overhead 6,536$ 55,000$ 61,536$
TOTAL 177,718$ 1,555,718 $ 1,733,436$
PROJECT FUNDING Prior 2025/26 2026/27 2027/28 2028/29 2029/30 2030/31 TOTAL 110 General Funds Fund 410,000$ 410,000$
Federal/State Funding 1,323,436$ 1,323,436$
TOTAL 1,733,436$ 1,733,436$
PROJECT FINANCING CURRENT PROPOSED
Project Category: Community Facilities
Location: Buchanan Road at Quercus Lane
across from Buchanan Park
Project Manager: M. Mena
Project Priority: 1A – Essential
Project Status: Construction
Est. Completion Date: 2026/27
STAFF REPORT
MEETING DATE: June 15, 2026
TO: Mayor and Council Members
FROM: Darin E. Gale‚ City Manager
John Samuelson, Director of Public Works/City Engineer
Gina Haynes, Assistant Director of Public Works-Engineering SUBJECT: Adoption of City Council Resolution Authorizing Execution of the Second Amendment to the Consulting Services
Agreement with William K. Faisst, Consulting Engineer, Inc. for Project 5067-Water Treatment Plant Filter Improvements and Hypoclorite Conversion Project
EXECUTIVE SUMMARY
Staff proposes a Second Amendment to the Consulting Services Agreement (Agreement) with William K. Faisst, Consulting Engineers, Inc. (WKFCE) to increase compensation for Project 5067 – Water Treatment Plant Filtration Improvements and Hypochlorite Conversion (Project). Successful project management requires exceptional knowledge of the treatment plant and extensive experience in the design and implementation of water treatment plant improvements. WKFCE possesses and exceeds these qualifications, providing the technical expertise and continuity necessary to support the Project’s successful completion.
FISCAL IMPACT
The proposed amendment would increase the compensation in the Agreement by $75,000 for a total not-to-exceed amount of $387,000 and would be funded by the existing Project budget.
RECOMMENDATION
Staff recommends that the City Council adopt the attached Resolution authorizing the City Manager to execute the Second Amendment to the Agreement with WKFCE.
BACKGROUND
On June 1, 2022, WKFCE submitted a proposal to the City Engineer to provide program management support for the Project during the design and construction phases, at an estimated cost of approximately $300,000 annually over a four-year period.
On August 1, 2022, the City Council adopted Resolution No. 22-14149 approving the project management budget, allocating funds, and authorizing the City Manager to execute an Agreement with WKFCE for an amount not to exceed $312,000.
On June 30, 2023, the City Manager executed the First Amendment to the Agreement, extending the termination date to December 30, 2028.
SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.
STAFF ANALYSIS
Project 5067 is the largest capital improvement project ever undertaken by the City.
WKFCE has played an integral role in supporting the Project’s design and construction phases through program management and technical consulting services. The firm’s extensive technical expertise in water treatment facilities, combined with its historical knowledge of the Pittsburg Water Treatment Plant, has provided valuable support to City staff and project stakeholders.
The Project is currently anticipated to be completed in August 2028, based on the most recent project schedule and construction timeline projections. The proposed contract increase will enable WKFCE to continue providing program management and technical support services throughout the remainder of the Project.
ATTACHMENTS: Resolution
Second Amendment
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter Of:
Authorizing Execution of the Second Amendment)
To the Consulting Services Agreement with ) RESOLUTION NO.
William K. Faisst, Consulting Engineering, Inc. )
WHEREAS, William K. Faisst, Consulting Engineers, Inc. has been providing program management support for Project 5067 – Water Treatment Plant Filtration Improvements and Hypochlorite Conversion (Project) since July 1, 2022; and WHEREAS, the parties entered into a Consulting Services Agreement (Agreement) on July 1, 2022, with a maximum compensation amount of $312,000; and WHEREAS, on June 30, 2023, the City Manager executed the First Amendment to the Agreement extending the termination date through December 30, 2028; and WHEREAS, the parties now desire to increase the compensation amount by $75,000 to continue providing program management and technical support services for the Project; and
WHEREAS, the City expects the continued need for program management support throughout the remaining duration of the Project.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Pittsburg hereby authorizes the City Manager to execute the Second Amendment to the Consulting Services Agreement with William K. Faisst, Consulting Engineers, Inc. in the amount of $75,000 for a total not-to-exceed amount of $387,000.
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 15th day of June 2026, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Dionne Adams, Mayor
ATTEST:
Alice E. Evenson, City Clerk
SECOND AMENDMENT TO
CONSULTING SERVICES AGREEMENT BETWEEN
CITY OF PITTSBURG AND
WILLIAM K. FAISST, CONSULTING ENGINEER, INC.
Relating to:
Project 5067 Water Treatment Plant Filtration Improvements and Hypochlorite Conversion
THIS Second Amendment to the Principal Agreement made and entered into on July 1, 2022, hereafter referred to as Agreement, between William K. Faisst, Consulting Engineer, Inc., a California corporation, therein referred to as Consultant, and the City of Pittsburg, a municipal corporation, therein referred to as City, is made and entered into on this 16th day of June, 2026.
WHEREAS, the parties entered into an Agreement for program management support; and
WHEREAS, the parties executed the First Amendment on June 30, 2023, extending the term to end on December 30, 2028; and
WHEREAS, the maximum compensation included in the Agreement was estimated to be sufficient for the first year of Consultant’s scope of work. The demand for Consultant’s services was not as great as anticipated, which resulted in fewer hours billed. As a result, the compensation in the Agreement was sufficient for the first four years of the project; and
WHEREAS, the parties desire to increase the compensation in an amount sufficient to cover Consultant’s services through project completion.
NOW, THEREFORE, Consultant and City do mutually agree as follows:
1. Compensation. Section 2 of the Agreement is hereby amended to read as follows:
City hereby agrees to pay Consultant a sum not to exceed Three Hundred Eighty-Seven Thousand Dollars ($387,000), This dollar amount is not a guarantee that the City will pay that full amount to the Consultant but is merely a limit of potential City expenditures under this Agreement.
2. Integration. This Second Amendment contains the entire agreement between the parties with respect to its subject matter and supersedes whatever oral or written understanding they may have had prior to the execution of this Second Amendment.
This Second Amendment shall not be amended or modified except by a written agreement executed by each of the parties. Except as specifically revised herein, all terms and conditions of the Agreement shall remain in full force and effect, and Consultant shall perform all duties, obligations and conditions required under the Agreement.
Docusign Envelope ID: B83BF674-EA56-8C48-802A-8E775EBFB375
3. Inconsistencies. In the event of any conflict or inconsistency between the provisions of this Second Amendment and the Agreement, the provisions of this Second Amendment shall control in all respects.
4. Ambiguities. The parties have each carefully reviewed this Second Amendment and have agreed to each term of this Second Amendment. No ambiguity shall be presumed to be construed against either party.
5. Counterparts. This Second Amendment may be executed by the parties in one or more counterparts all of which collectively shall constitute one document and agreement.
6. Authority. The person signing this Second Amendment for Consultant hereby represents and warrants that he or she is fully authorized to sign this Second Amendment on behalf of Consultant.
IN WITNESS WHEREOF, the parties have entered into this Second Amendment on the day and year first hereinabove appearing.
CONSULTANT:
WILLIAM K. FAISST, CONSULTING
ENGINEER, INC., a corporation of the
State of California
William K. Faisst, President
CITY:
CITY OF PITTSBURG, a municipal
corporation of the State of California
Darin Gale, City Manager
APPROVED AS TO FORM:
BY:
Donna Mooney, City Attorney
Docusign Envelope ID: B83BF674-EA56-8C48-802A-8E775EBFB375
STAFF REPORT
MEETING DATE: June 15, 2026
TO: Mayor and Council Members
FROM: Alice E. Evenson‚ City Clerk
Melaine Venenciano, Director of Records and Council
Services
SUBJECT: Adoption of a City Council Resolution Requesting the Consolidation of the Municipal Election with Other Elections to be Held on Tuesday, November 3, 2026 General Election Date for the Election of Certain Officers as Required by the Provisions of the Laws of the State of California Relating to General Law Cities and Levying a Charge and Establishing Word Limitation for Candidates’ Statements
EXECUTIVE SUMMARY
Pursuant to Elections Code Section 10400, et. seq., the City must, at least 88 days prior to the date of the election, file with the Board of Supervisors a Resolution of its governing board requesting the consolidation of elections and setting forth the exact form of any office to be voted upon at the election and establishing the word limitation for candidates’ statements.
FISCAL IMPACT
There is no fiscal impact from this action. Appropriation for election costs for the City will be included in the fiscal year 2026-27 Budget.
RECOMMENDATION
Adopt the attached Resolution requesting the Board of Supervisors to consolidate the municipal elections with other elections on November 3, 2026, and establishing the word limit and fee for the candidates’ statements. The candidate statement will be directly paid for by the respective candidate wishing to submit a statement.
BACKGROUND
In accordance with Elections Code Section 10400, et seq. the City Council is authorized to request consolidation of special elections with other elections to be held at the same time.
SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.
STAFF ANALYSIS
On November 3, 2026, the offices up for election are:
Three (3) City Council seats
One (1) City Clerk seat
One (1) City Treasurer seat
The recommended word limit for the candidates is 250 words and the fee, as established by the County Elections Office, for printing of the statement, is $1,011, which includes the state-mandated dual language translation. Candidate statements over 250 words will double in price. The fee for the candidate statement will be directly paid by the respective candidate wishing to submit a statement at the time of filing.
ATTACHMENTS: Resolution
Resolution No. Page 1 of 2 June 15, 2026
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Requesting and Consenting to Consolidation )
of Elections; and Setting Specifications of the ) RESOLUTION NO.
Election Order )
WHEREAS, the City Council has ordered a Municipal Election to be held on Tuesday, November 3, 2026, to fill certain municipal offices; and WHEREAS, other elections may be held in whole or in part of the territory of the City and it is to the advantage of the City to consolidate pursuant to Elections Code Section 10400; and
WHEREAS, Elections Code Section 10242 provides that the governing body shall determine the hours of opening and closing the polls; and WHEREAS, Elections Code Section 10002 requires the City to reimburse the county in full for the services performed upon presentation of an invoice to the City by the County Elections Official; and
WHEREAS, Elections Code Section 13307 requires that before the nominating period opens the governing body must determine whether a charge shall be levied against each candidate submitting a candidate’s statement to be sent to the voters; and may establish the cost; and determine whether the cost must be paid in advance; and WHEREAS, Elections Code Section 13307 allows establishment of a word limitation for candidates’ statements; and
WHEREAS, Elections Code Section 12101 requires the publication of a notice of the election once in a newspaper of general circulation in the City; and WHEREAS, tie votes shall be determined by lot unless the City Council adopts the provisions of Elections Code 15651(b) prior to the conduct of the election resulting in the tie vote.
NOW, THEREFORE, IT IS ORDERED that an election be held in accordance with the following specifications:
1. The Election shall be held on Tuesday, the 3rd day of November 2026. The purpose of the election is to choose successors for the following offices whose terms expire November 2026:
Three (3) City Council Members 4 Year Term
One (1) City Clerk seat 4 Year Term
One (1) City Treasurer seat 4 Year Term
2. The City Council hereby requests and consents to the consolidation of this
Resolution No. Page 2 of 2 June 15, 2026
election with other elections which may be held in whole or in part of the territory of the City, as provided in Elections Code Section 10400.
3. The City will reimburse the County for the actual cost incurred in conducting the election upon receipt of an invoice stating the amount due as determined by the elections official.
4. The Candidate Statements will be limited to 250 words. As a condition of having the Candidate’s Statements published, the candidate shall pay the cost of $1,011 at the time of filing. Candidate Statements past 250 words will double in price.
5. The City of Pittsburg is to publish the Notice of Election in the East County Times, which is a newspaper of general circulation that is published daily in the City.
6. The City Council hereby determines that in the event of a tie vote the winner shall be determined by lot.
7. The City Council directs that a certified copy of this Resolution be forwarded to the Registrar of Voters and to the Board of Supervisors of Contra Costa County.
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 15th day of June 2026, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
___________________________
Dionne Adams, Mayor
ATTEST:
______________________________
Alice E. Evenson, City Clerk
STAFF REPORT
MEETING DATE: June 15, 2026
TO: Mayor and Council Members
FROM: Darin E. Gale‚ City Manager
Elena Adair, Director of Finance
Tracy Story, Finance Analyst
SUBJECT: Adoption of a City Council Resolution Establishing the Appropriations Limit for the 2026-27 Fiscal Year in
Accordance with Proposition 111 and Article XIII (B)
EXECUTIVE SUMMARY
In November 1979, the voters of California approved Proposition 4, commonly known as the Gann Initiative. This proposition created Article XIII (B) of the State Constitution placing limits on the amount of revenue which can be appropriated by all government entities in any fiscal year. The legislation mandates all governing bodies including the City of Pittsburg to annually establish the Appropriations Limit.
FISCAL IMPACT
There is no financial impact from the adoption of the City’s appropriation limit. For the 2026-27, the City will continue to maintain a wide margin between the appropriations limit and net proceeds of taxes. The FY2026-27 Appropriations Limit is established at $245,105,267, as compared to the net proceeds of specific taxes for FY 2026-27, which are estimated to be $45,536,377, which is approximately 18.6% of the limit.
RECOMMENDATION
City Council adopt a Resolution establishing the Appropriations Limit for the 2026-27 Fiscal Year in Accordance with proposition 111 and Article XIII (B).
BACKGROUND
In November 1979, the voters of the State of California approved Proposition 4. The proposition created Article XIIIB of the State Constitution placing limits on the amount of revenue that can be spent by state and local governments in California (Appropriations Limit) and is also known as the Gann Limitations. Each government entity is required to set its Appropriation Limit each fiscal year with FY 1978/79 serving as the base year limit. The Appropriation Limit sets a cap on the amount of proceeds that can be received by the City from certain types of taxes. Appropriations Limit adjustments occur each subsequent year using a combination of increases in population and in per capita personal income (CPI), whichever is less.
Proposition 4 and its implementing legislation were modified by Proposition 111, which changed the annual adjustment factors beginning with the Fiscal Year 1990/91 Appropriation Limit. Hereafter, on an annual basis, the government entity can select whichever is greater: the CPI or assessed valuation due to non-residential construction within the City. To determine the population factor, the entity can select the greater of population growth either within the City or Contra Costa County.
Proceeds of taxes in excess of the limit, with limited exceptions, must be returned to the taxpayers within two years by refund or reduction in tax rates, unless an extension of the limit is approved by majority popular vote.
The appropriations limit calculation for FY 2026-27 is attached as Exhibit A. The calculation was prepared in accordance with Article XIII B of California Constitution.
SUBCOMMITTEE FINDINGS
This item not presented to a subcommittee.
STAFF ANALYSIS
A resolution must be adopted to establish an Appropriations Limit each fiscal year. As described above, annual adjustments for per capita income and population may be made in either of two ways. Staff recommends using the Per Capita Cost of Living Change of 4.95% as provided by the California Department of Finance because it exceeds the non-residential new construction factor of 3% calculated by HdL Coren & Cone. In addition, staff recommends using the percentage growth of the County population, which was a decline of 0.31%, as it was less than the City’s population decline of 0.57%. The calculation of the City’s Appropriations Limit is attached as Exhibit 1.
ATTACHMENTS: Resolution
Exhibit - Appropriations Limit Calculation
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter Of:
Establishing the Appropriation Limit for )
Fiscal Year 2026/27 in Accordance with )
California Constitution Article XIII (B) ) RESOLUTION NO.
WHEREAS, Article XIII(B) of the California Constitution, which was added by Proposition 4, established expenditure limits for local jurisdictions; and WHEREAS, State legislation (Government Code Section 7910) requires the City of Pittsburg to annually adopt a resolution establishing its appropriations limit for the following fiscal year; and
WHEREAS, effective FY 1990/91, Proposition 111 amended Article XIII (B), to allow a selection of annual adjustment factors (price and population) which must also be adopted at a regularly scheduled meeting; and
WHEREAS, the City used the City’s population change and the change in California Per Capita Personal Income Factor to calculate the FY 2026/27 appropriations limit of $245,105,373 (Appropriations Limit); and
WHEREAS, pursuant to the law, the calculations have been made available to the public for two (2) weeks prior to the date of the adoption of this Resolution. A copy of the calculation has been and is on file in the City of Pittsburg Finance Department.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Pittsburg hereby establishes the appropriations limit in the amount of $245,536,267 for FY 2026-27.
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 15th day of June 2026, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Dionne Adams, Mayor
ATTEST:
Alice E. Evenson, City Clerk
City of Pittsburg
Appropriations Limit Calculation
Fiscal Year 2026-27
Calculation of Appropriations Limit:
Fiscal Year 2025-26 Appropriations Limit 234,271,040 $
Adjustment Factors:
a. Population Change (Change in County Population)1 0.9969 b. Per Capita Cost of Living Change1 1.0495
Change Factor (a x b) 1.046247
Annual Adjustment 10,834,227
Fiscal Year 2026-27 Appropriations Limit 245,105,267 $
Calculation of Appropriations Subject to the Appropriations Limit:
Estimated Proceeds of Taxes 45,536,377 $
Less Exclusions:
Qualified Capital Outlay (CIP Appropriations) -
Total Exclusions -
Total FY 2026-27 Appropriations Subject to the Appropriations Limit $ 45,536,377 Percentage of Appropriations Limit Used 18.6%
Source Documents:
(1) California Department of Finance Letter Dated May 2026
City of Pittsburg
Proceeds of Taxes Calculation
Proposition 4 Compliance
Fiscal Year 2026-27
Revenue Source Total Revenue
Proceeds of
Taxes
Non-Proceeds
of Taxes
Charges for Services 8,146,685 $ - $ 8,146,685 $
Cost Allocation Charges 1,818,592 - 1,818,592
Fines and Forfeitures 380,375 - 380,375
Franchise Fees 5,961,000 5,961,000 -
Intergovernmental Revenue 1,381,200 - 1,381,200
Other Revenue 1,466,035 - -
Other Taxes 850,000 850,000 -
Property Tax 18,930,000 18,930,000 -
Sales Tax 18,500,000 18,500,000 -
Transient Occupancy Tax 800,000 800,000 -
Use of Money and Property 569,500 - 569,500
Revenue before Interest Earnings 58,803,387 45,041,000 12,296,352 Interest Earnings 646,740 495,377 151,363
Total (excluding transfers in) $ 59,450,127 $ 45,536,377 $ 12,447,715
STAFF REPORT
MEETING DATE: June 15, 2026
TO: Mayor and Council Members
FROM: Darin E. Gale‚ City Manager
John Samuelson, Director of Public Works/City Engineer
Natasha Farmer, Administrative Analyst II
SUBJECT: Adoption of a City Council Resolution Authorizing the City Manager to Execute an Agreement for Janitorial Services with Imperial Maintenance Services
EXECUTIVE SUMMARY
The existing agreement for janitorial services expires on June 30, 2026. If approved, this Resolution will authorize execution of a general services agreement for janitorial services with Imperial Maintenances Services, Inc.
FISCAL IMPACT
Funding of the Agreement with Imperial is included in the City’s Fiscal Year 2026/27 Operating Budget of the Buildings Maintenance Operations Fund. No new funds are requested.
RECOMMENDATION
City Council adopt the attached Resolution authorizing the City Manager to execute a one-year general services agreement with Imperial in the amount of $299,953.56 for city-wide janitorial services, with the option to extend the term for up to two subsequent two-year periods for a five-year maximum, provided annual price increases are the lesser of the regional Consumer Price Index (CPI-U) or 5% per year.
BACKGROUND
The Public Works Department manages professional janitorial services for City-owned facilities to maintain clean, safe, and sanitary environments for employees and the
public. Daily operations heavily rely on these services across four primary locations:
City Hall/Police Department (65 Civic Avenue), the Housing Authority/Community Access building (916 Cumberland Avenue), the Pittsburg Senior Center (300 Presidio Lane), and the Pittsburg Library (80 Power Avenue). Routine cleaning is also provided to smaller ancillary facilities, including the Corporation Yard, Environmental Center, the Recreation Center, and the Water Treatment Plant. Contracted services encompass routine weekly, monthly, and quarterly tasks, including comprehensive dusting, surface sanitization, vacuuming, and spot cleaning of offices, restrooms, and public common areas.
To ensure cost competitiveness and high service standards, the City solicits proposals for janitorial services every three to five years. The Request for Proposals (RFP) process mandates a pre-proposal meeting and facility tour, allowing prospective vendors to inspect all public and employee areas to accurately assess the required scope of work.
Following a competitive RFP process in 2024, the City selected IMPEC. Early in 2026, IMPEC requested a substantial rate increase. In the interest of fiscal responsibility and adhering to procurement guidelines, the City declined the increase, and the parties could not reach an alternative tentative agreement. Consequently, the Public Works Department initiated a new RFP process in April 2026 to secure a qualified vendor at a competitive rate that aligns with the City's budgetary constraints.
SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.
STAFF ANALYSIS
A total of five companies submitted responses to the RFP in May 2026. Imperial was selected through the competitive process, which included a comparison of several factors, including price, services offered, quality assurance, and professional references. In accordance with the City's procurement guidelines, cost was the highest weighted criterion in the evaluation of these proposals. Imperial received the highest total points from the evaluators. Imperial provides highly competitive pricing and has a successful track record with positive references from managing similar, comparably sized municipal facilities across Contra Costa, San Joaquin, and Alameda counties.
ATTACHMENTS: Resolution
RFP Results
General Services Agreement
Resolution No. Page 1 of 2 June 15, 2026
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter Of:
Authorizing the City Manager to )
Execute a Contract for Janitorial ) RESOLUTION NO.
Services with Imperial Maintenance )
WHEREAS, the Public Works Department is responsible for the care and maintenance of all City-maintained buildings and facilities; and WHEREAS, contracted professional services are utilized to meet these essential city-wide janitorial needs; and
WHEREAS, the City solicits competitive proposals every three to five years to ensure fiscal responsibility, cost competitiveness, and high service quality standards; and WHEREAS, the Public Works Department initiated a Request for Proposals (RFP) process in April 2026 and received five responses in May 2026; and WHEREAS, Imperial Maintenance Services, Inc. (Imperial) was selected through this competitive evaluation process based on price, service offerings, quality assurance, and excellent regional professional references, in compliance with Pittsburg Municipal Code Chapter 2.85; and
WHEREAS, the current agreement for Janitorial Services expires on June 30, 2026; and
WHEREAS, funding for these services is allocated in the City’s Fiscal Year 2026/27 Operating Budget in the Buildings Maintenance Operations Fund NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pittsburg hereby authorizes the City Manager to execute a one-year General Services Agreement for janitorial services with Imperial Maintenance Services, Inc. in the amount of $299,953.56, with the option to extend the agreement for up to two subsequent two-year periods for a maximum total term of five years, provided that any annual price increase is the lesser of the regional Consumer Price Index (CPI-U) or 5%.
Resolution No. Page 2 of 2 June 15, 2026
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 15th day of June 2026, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
_______________________________
Dionne Adams, Mayor
ATTEST:
_______________________________
Alice E. Evenson, City Clerk
CITY OF PITTSBURG PROPOSAL EVALUATION SHEET
RFP #J50126
Overall/Average Janitorial Services
SELECTION/EVALUATION CRITERIA
Proposer Total Cost Qualifications & Experience Technical Ability & Staffing Plan
Quality Assurance &
Performance
Total Score
(40 Points Maximum) (30 Points Maximum) (20 Points Maximum) (10 Points Maximum) CBJ Building Maintenance 12 26 14 6 57
IMPEC 35 28 18 8 89
Imperial 35 28 18 9 90
Karla's Janitorial 31 27 17 7 82
UBS 40 26 17 7 89
Rater #1
SELECTION/EVALUATION CRITERIA
Proposer Total Cost Qualifications & Experience Technical Ability & Staffing Plan
Quality Assurance &
Performance
Total Score
(40 Points Maximum) (30 Points Maximum) (20 Points Maximum) (10 Points Maximum) CBJ Building Maintenance 12 26 14 7 59
IMPEC 35 28 19 8 90
Imperial 35 27 16 8 86
Karla's Janitorial 31 27 12 5 75
UBS 40 22 15 6 83
Rater #2
SELECTION/EVALUATION CRITERIA
Proposer Total Cost Qualifications & Experience Technical Ability & Staffing Plan
Quality Assurance &
Performance
Total Score
(40 Points Maximum) (30 Points Maximum) (20 Points Maximum) (10 Points Maximum) CBJ Building Maintenance 12 25 14 5 56
IMPEC 35 29 17 8 89
Imperial 35 28 19 8 90
Karla's Janitorial 31 27 18 6 82
UBS 40 27 17 6 90
Rater #3
SELECTION/EVALUATION CRITERIA
Proposer Total Cost Qualifications & Experience Technical Ability & Staffing Plan
Quality Assurance &
Performance
Total Score
(40 Points Maximum) (30 Points Maximum) (20 Points Maximum) (10 Points Maximum) CBJ Building Maintenance 12 26 14 5 57
IMPEC 35 28 18 8 89
Imperial 35 30 20 10 95
Karla's Janitorial 31 28 20 9 88
UBS 40 29 18 8 95
Bid date: May 1, 2026
Rating Spreadsheet - Janitorial 2026.xlsx
General Services Agreement between July 1, 2026
City of Pittsburg and Imperial Maintenance Services, Inc. Page 1 of 13
GENERAL SERVICES AGREEMENT BETWEEN
CITY OF PITTSBURG AND
IMPERIAL MAINTENANCE SERVICES, INC.
THIS Agreement (“Agreement”) for general services is made by and between the City of Pittsburg (“City”) and Imperial Maintenance Services, Inc. a California corporation (“Service Provider”) (together referred to as the “Parties”) as of July 1, 2026 (the “Effective Date”).
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Service Provider shall provide to City the services described in the Scope of Services attached as Exhibit A, and incorporated herein, at the time and place and in the manner specified therein.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2027 or the date the Service Provider completes the services specified in Exhibit A, whichever occurs first. The City has the option in the sole discretion of the City Manager to extend the term twice for two (2) years each, for a total of five (5) years maximum.
1.2 Standard of Performance. Service Provider shall perform all services required pursuant to this Agreement according to the standards observed by a competent practitioner of the profession in which Service Provider is engaged.
1.3 Assignment of Personnel. Service Provider shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, requests in writing the reassignment of any such persons to ensure Service Provider performs services in accordance with the Standard of Performance, Service Provider shall, immediately upon receiving City’s request, reassign such persons.
1.4 Time. Service Provider shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided herein above and to satisfy Service Provider’s obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Service Provider a sum not to exceed two hundred ninety-nine thousand nine-hundred fifty three dollars and fifty six cents ($299,953.56), as set forth in Exhibit B, attached hereto and incorporated herein for services to be performed and reimbursable expenses incurred under this Agreement. This dollar amount is not a guarantee that the City will pay that full amount to the Service Provider, but is merely a limit of potential City expenditures under this Agreement.
Service Provider and City acknowledge and agree that compensation paid by City to Service Provider under this Agreement is based upon Service Provider’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and Docusign Envelope ID: AC7E0CF9-C748-80E4-827D-D7EA29C227C8
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City of Pittsburg and Imperial Maintenance Services, Inc. Page 2 of 13 subcontractors of Service Provider. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Service Provider and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Service Provider shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information, unless waived by the City Manager, or his or her designee:
▪ Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
▪ The beginning and ending dates of the billing period; ▪ A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
▪ At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;
▪ The total number of hours of work performed under the Agreement by Service Provider and each employee, agent, and subcontractor of Service Provider performing services hereunder;
▪ The Service Provider’s signature.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall pay undisputed invoices that comply with the above requirements within 30 days from the receipt of the invoice.
2.3 Final Payment. Service Provider shall submit its final invoice within 60 days of completing its services. Service Provider’s failure to submit its final invoice within this 60 day period shall constitute Service Provider’s waiver of any further billings to, or payments from, City.
2.4 Reimbursable Expenses. Reimbursable expenses, if any, are specified in Exhibit B and included in the total compensation referenced in Section 2.
Expenses not listed in Exhibit B are not chargeable to, or reimbursable by, City.
2.5 Payment of Taxes. Service Provider is solely responsible for the payment of all federal, state and local taxes, including employment taxes, incurred under this Agreement.
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2.6 Authorization to Perform Services. The Service Provider is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of a written authorization from the City Manager, or his or her designee.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Service Provider shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement
Section 4. INSURANCE REQUIREMENTS. Before beginning any services under this Agreement, Service Provider, at its own cost and expense, shall procure the types and amounts of insurance specified herein and maintain that insurance throughout the term of this Agreement. The cost of such insurance shall be included in the Service Provider’s bid or proposal. Service Provider shall be fully responsible for the acts and omissions of its subcontractors or other agents.
4.1 Workers’ Compensation. Service Provider shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Service Provider in the amount required by applicable law. The requirement to maintain Statutory Workers’ Compensation and Employer’s Liability Insurance may be waived by the City upon written verification that Service Provider is a sole proprietor and does not have any employees and will not have any employees during the term of this Agreement.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Service Provider, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than $2,000,000 per occurrence and $4,000,000 aggregate, combined single limit coverage for risks associated with the work contemplated by this Agreement.
4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (most recent edition) covering any auto (Code 1), or if Service Provider has no owned autos, hired (code 8) and non-owned autos (Code 9). No endorsement shall be attached limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
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City of Pittsburg and Imperial Maintenance Services, Inc. Page 4 of 13 a. The Commercial General and Automobile Liability Insurance shall cover on an occurrence basis.
b. City, its officers, officials, employees, agents, and volunteers shall be covered as additional insureds for liability arising out of work or operations on behalf of the Service Provider, including materials, parts, or equipment furnished in connection with such work or operations; or automobiles owned, leased, hired, or borrowed by the Service Provider. Coverage can be provided in the form of an endorsement to the Service Provider’s insurance at least as broad as CG 20 10 11 85, or both CG 20 10 10 01 and CG 20 37 10 01. c. For any claims related to this Agreement or the work hereunder, the Service Provider’s insurance covered shall be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Service Provider’s insurance and non-contributing. d. The policy shall cover inter-insured suits and include a “separation of Insureds” or “severability” clause which treats each insured separately.
e. Service Provider agrees to give at least 30 days prior written notice to City before coverage is canceled or modified as to scope or amount.
4.3 Professional Liability Insurance.
4.3.1 General requirements. Service Provider, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than $1,000,000 per occurrence or claim covering the Service Provider’s errors and omissions.
4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work.
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City of Pittsburg and Imperial Maintenance Services, Inc. Page 5 of 13 c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Service Provider must purchase an extended period coverage for a minimum of five (5) years after completion of work under this Agreement.
d. A copy of the claim reporting requirements must be submitted to the City for review prior to the commencement of any work under this Agreement.
4.4 All Policies Requirements.
4.4.1 Submittal Requirements. Service Provider shall submit the following to City prior to beginning services:
a. Certificate of Liability Insurance in the amounts specified in this Agreement; and
b. Additional Insured Endorsement as required for the General Commercial and Automobile Liability Polices.
4.4.2 Acceptability of Insurers. All insurance required by this Agreement is to be placed with insurers with a Bests' rating of no less than A:VII.
4.4.3 Deductibles and Self-Insured Retentions. Insurance obtained by the Service Provider shall have a self-insured retention or deductible of no more than $100,000.
4.4.4 Wasting Policies. No policy required herein shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).
4.4.5 Waiver of Subrogation. Service Provider hereby agrees to waive subrogation which any insurer or contractor may require from Service Provider by virtue of the payment of any loss. Service Provider agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Service Provider, its employees, agents, and subcontractors.
4.4.6 Subcontractors. Service Provider shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein, and Service Docusign Envelope ID: AC7E0CF9-C748-80E4-827D-D7EA29C227C8
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City of Pittsburg and Imperial Maintenance Services, Inc. Page 6 of 13 Provider shall ensure that City, its officers, officials, employees, agents, and volunteers are covered as additional insured on all coverages.
4.4.7 Excess Insurance. If Service Provider maintains higher insurance limits than the minimums specified herein, City shall be entitled to coverage for the higher limits maintained by the Service Provider.
4.5 Remedies. In addition to any other remedies City may have if Service Provider fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: 1) obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; 2) order Service Provider to stop work under this Agreement and withhold any payment that becomes due to Service Provider hereunder until Service Provider demonstrates compliance with the requirements hereof; and/or 3) terminate this Agreement.
Section 5. INDEMNIFICATION AND SERVICE PROVIDER’S RESPONSIBILITIES.
5.1 General Indemnification. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged negligent acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, subcontractors and subcontractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages, attorneys’ fees and other related costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs, including reasonable attorneys’ fees, incurred by each of them in connection therewith or in enforcing the indemnity herein provided.
Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by City or its directors, officials, officers, employees, agents or volunteers. Notwithstanding the foregoing, to the extent Contractor's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. This Section 5.1 shall survive any expiration or termination of this Agreement.
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5.2 PERS Indemnification. In the event that Service Provider or any employee, agent, or subcontractor of Service Provider providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Service Provider shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Service Provider or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Section 6. STATUS OF SERVICE PROVIDER.
6.1 Independent Contractor. At all times during the term of this Agreement, Service Provider shall be an independent contractor and shall not be an employee of City.
6.2 Service Provider Not an Agent. Except as City may specify in writing, Service Provider shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Service Provider shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Service Provider and any subcontractors shall comply with all laws applicable to the performance of the work hereunder.
Service Provider shall also, to the extent required by the California Labor Code, pay not less than the latest prevailing wage rates as determined by the California Department of Industrial Relations.
7.3 Licenses and Permits. Service Provider represents and warrants to City that Service Provider and its employees, agents, and any subcontractors have, and will maintain at their sole cost and expense, all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. In addition to the foregoing, Service Provider and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City.
7.4 Nondiscrimination and Equal Opportunity. Service Provider shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, Docusign Envelope ID: AC7E0CF9-C748-80E4-827D-D7EA29C227C8
General Services Agreement between July 1, 2026
City of Pittsburg and Imperial Maintenance Services, Inc. Page 8 of 13 physical or mental handicap or disability, medical condition, genetic information, marital status, sex, sexual orientation, gender or gender identity, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Service Provider under this Agreement. Service Provider shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Service Provider thereby.
7.5 Registration and Monitoring. Service Provider shall be currently registered with the Department of Industrial Relations and qualified to perform public work consistent with Labor Code section 1725.5, except in limited circumstances as referenced in Labor Code section 1771.1(a) or the exemption set forth in section 1771.1(n). Additionally, Service Provider is hereby notified that this Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
7.6 Prevailing Wage Rates. In accordance with California Labor Code Section 1771, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the services described in Exhibit A are to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work as provided in the California Labor Code must be paid to all workers engaged in performing the services described in Exhibit A. In accordance with California Labor Code Section 1773.2, the City has obtained the general prevailing wages in the locality in which the services described in Exhibit A are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the City’s General Services Department and shall be made available on request. Contractor must comply with all applicable laws and regulations that apply to wages earned in performance of the services described in Exhibit A. Contractor assumes all responsibility for such payments and shall defend, indemnify and hold the City harmless from any and all claims made by any worker, governmental agency or other third party with regard thereto.
The Service Provider and any subcontractors engaged in performance of the services described in Exhibit A shall comply with Labor Code Section 1775, which establishes a penalty per day for each worker engaged in the performance of the services described in Exhibit A that the Service Provider or any subcontractor pays less than the specified prevailing wage.
In accordance with Labor Code Section 1776, the Service Provider and each subcontractor engaged in performance of the services described in Exhibit A shall keep accurate payroll records showing the name, address, social security Docusign Envelope ID: AC7E0CF9-C748-80E4-827D-D7EA29C227C8
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City of Pittsburg and Imperial Maintenance Services, Inc. Page 9 of 13 number, work, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in performance of the services described in Exhibit A. Such records shall be in kept, maintained and made available in accordance with the requirements of Labor Code Section 1776.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. Upon ten days’ prior written notice, City may cancel this Agreement at any time and without cause upon such written notification to Service Provider. In the event of termination, Service Provider shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Service Provider delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Service Provider or prepared by or for Service Provider or the City in connection with this Agreement.
8.2 Amendments. The parties may amend this Agreement only by a writing signed by the parties hereto.
8.3 Assignment and Subcontracting. City and Service Provider recognize and agree that this Agreement contemplates personal performance by Service Provider and is based upon a determination of Service Provider’s unique personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Service Provider. Service Provider may not assign this Agreement or any interest therein without the prior written approval of the City Manager, or his or her designee. Service Provider shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the City Manager, or his or her designee.
8.4 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Service Provider, including but not limited to the provisions of Section 5, shall survive the termination of this Agreement.
8.5 Options upon Breach by Service Provider. If Service Provider materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:
8.5.1 Immediately terminate the Agreement;
8.5.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Service Provider pursuant to this Agreement;
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8.5.3 Retain a different service provider to complete the work described in Exhibit A not finished by Service Provider; or
8.5.4 Charge Service Provider the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Service Provider pursuant to Section 2 if Service Provider had completed the work.
8.5.5 The remedies mentioned in this Agreement are not exclusive of any other right, power or remedy permitted by law. The City’s failure or delay in exercising any remedy shall not constitute a waiver of such remedy or preclude the further exercise of City’s rights.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Service Provider’s Performance. All final versions of reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Service Provider prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Service Provider hereby agrees to deliver those documents to the City upon termination of the Agreement, and the City may use, reuse or otherwise dispose of the documents without Service Provider’s permission. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Service Provider agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential drafts and will not be released to third parties by Service Provider without prior written approval of City.
9.2 Service Provider’s Books and Records. Service Provider shall maintain any and all records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Service Provider to this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Pursuant to Government Code Section 8546.7, the Agreement may be subject to the examination and audit of the State Auditor for a period of 3 years after final payment under the Agreement.
Section 10 MISCELLANEOUS PROVISIONS.
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10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in Contra Costa County or in the United States District Court for the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.
10.6 Conflict of Interest. Service Provider may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Service Provider in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.
Service Provider shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.
10.7 Solicitation. Service Provider agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.
10.8 Notices. Any notice, demand, request, consent or approval that either party is required to give the other pursuant to this Agreement, shall be in writing and may be given by either (i) personal service, or (ii) certified United States mail, postage prepaid, return receipt requested. Notice shall be effective upon personal delivery or delivery to the addresses specified below, as reflected on the receipt of delivery or return receipt, as applicable.
Docusign Envelope ID: AC7E0CF9-C748-80E4-827D-D7EA29C227C8
General Services Agreement between July 1, 2026
City of Pittsburg and Imperial Maintenance Services, Inc. Page 12 of 13 Service Provider : Imperial Maintenance Services, Inc.
6860 Pacific Ave. Suite B
Stockton, CA 95207
ATTN: Marc Lopez [email protected]
City: City of Pittsburg
65 Civic Avenue
Pittsburg, CA 94565
ATTN: City Manager
10.9 Professional Seal. Where applicable in the determination of the City Manager, or his or her designee, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and Signature of Registered Professional with report/design responsibility.”
10.10 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A and B represents the entire and integrated agreement between City and Service Provider and supersedes all prior negotiations, representations, or agreements, either written or oral. To the extent there are any inconsistences between this Agreement, the Exhibits, and Service Provider’s proposal, the Agreement shall control To the extent there are any inconsistences between the Exhibits and the Service Provider’s Proposal, the Exhibits shall control.
Exhibit A Scope of Services
Exhibit B Compensation Schedule
10.11 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
10.12 Construction of Agreement. Each party hereto has had an equivalent opportunity to participate in the drafting of the agreement and/or to consult with legal counsel. Therefore, the usual construction of an agreement against the drafting party shall not apply hereto.
10.13 No Third Party Beneficiaries. This Agreement is made solely for the benefit of the parties hereto, with no intent to benefit any third parties.
Docusign Envelope ID: AC7E0CF9-C748-80E4-827D-D7EA29C227C8
General Services Agreement between July 1, 2026
City of Pittsburg and Imperial Maintenance Services, Inc. Page 13 of 13 The Parties have executed this Agreement as of the Effective Date.
CITY OF PITTSBURG IMPERIAL MAINTENANCE SERVICES, INC.
____________________________ ______________________________ Darin Gale, City Manager
Approved as to Form:
____________________________
Donna Mooney, City Attorney
Docusign Envelope ID: AC7E0CF9-C748-80E4-827D-D7EA29C227C8 Marc Lopez COO
EXHIBIT A
SCOPE OF SERVICES
Janitorial services provided shall include supervision, supplies (including all paper products and liners, and all cleaning chemicals and waxes), services, equipment (auto scrubbers, buffers, floor machines, carpet extractors, vacuum cleaners, etc.), labor, permits, insurance to perform satisfactory work as outlined and based on the City of Pittsburg’s Standard Operating Procedure for cleaning and sanitation set forth herein.
Carpet Cleaning and Floor Care for All Facilities. The Contractor shall bonnet clean and/or shampoo carpets at all locations for a professional appearance at the intervals designated below. City staff will determine the scheduling for cleaning of carpets (staff must be given at least week notice of cleaning).
1. Library carpet cleaning quarterly.
2. City Hall floor service at PD and Cell area quarterly. The remaining floor areas including all stairs and stairwells of City Hall two (2) times a year.
3. Senior Center floor and carpet cleaning quarterly.
4. Housing Authority Community Access two (2) times a year.
5. Small building facilities with carpets (1) time a year The carpet areas should be uniform in appearance and free of embedded dirt, grime, stains, and discoloration after each designated cleaning. Carpet shall be cleaned with a commercial floor machine with steam and power scrubbing capability that will clean both sides of the carpet using extraction method and a drying time of four to five hours. All shampooing solutions shall be removed from walls, furniture, trash receptacles, chairs and similar items. Chairs, trash receptacles, and easily movable items shall be moved to shampoo carpet areas underneath and then returned to their original location.
Dusting. The intent of the services to be performed is to leave the facility dust-free, extending up to eight (8) feet, as well as in the areas as so specified. The scope of work is as follows:
• Clean and/or dust all ledges, cubicle/cabinet tops, TV screens, bathroom/cubicle partitions, and windowsills; entrance door frames and exit signs; remove all cobwebs off of beams located throughout and thoroughly remove dust from all vertical/vaulted ceiling surfaces.
• All conference room and break room tables and chairs, entry lobby doors, lobby area, and lobby bathroom shall be cleaned on a daily basis.
Police Department
• Garages: Blow out or sweep on a weekly basis.
• Jail Cells: Flush and clean floor drains on a weekly basis.
Special Cleaning Requirements (will be considered an unacceptable service if not completed) • Council Chambers-foyer and stainless-steel panels (Use Stainless Steel Cleaner By Claire ONLY)
• Disinfect and wipe down equipment in gym
• Jail cells and temporary holding areas cleaned daily (Contractor will have to return if in use) • Schedule janitorial services around meetings in offices, conference rooms, etc Docusign Envelope ID: AC7E0CF9-C748-80E4-827D-D7EA29C227C8
• Conference Room: Perform dusting; floor care services; emptying of trash receptacles, etc. • Keep Janitor closets including sinks in clean and orderly condition Miscellaneous
• Monthly scheduled management meetings with the City of Pittsburg to ensure services with the Contractor are consistent with Standard Operating Procedures. • Contractor will not be paid for work outside the scope of this document and as stated in the proposal without prior written authorization by the City of Pittsburg. • Should it become necessary for the Contractor to respond to an emergency call after working hours, on weekends, or holidays, Contractor shall be reimbursed at the agreed upon rates.
Contractor agrees to respond within 4 hours of an emergency and agrees to be available for emergency callout. The Contractor will provide an emergency telephone number for on-call emergencies, 24-hours per day, and 7 days per week.
• Contractor to employ adequately and appropriately trained staff with satisfactory professional janitorial and floor care abilities. Currently all sites require two personnel minimum to accomplish satisfactory janitorial service and meet schedule restrictions. Staff must possess satisfactory oral and written communications and work within the following guidelines (days and hours) for each building:
City Hall: Clean five (5) day work week Monday through Friday within the hours of 5 am to 8 pm Note: There are restricted/locked areas that can only be cleaned during normal business hours of 8 am to 5 pm (Holiday and weekend work included).
Police Department: Clean seven (7) days per week.
Library: Clean six (6) days a week, Tuesday through Sunday.
Starting times: Tuesday (after 8 pm), Wed (after 6 pm), Thurs (after 8 pm), Fri/Sat (after 6 pm), Sunday (TBD – likely after 5PM or 6PM)
Housing Authority (Community Access): Clean two (2) days a week (M-F) spaced early and end weekdays between 6 pm and 9 pm
Senior Center: Clean five (5) days a week Monday through Friday between 5 pm and 12 am.
Small Facilities:
Location Address Frequency
Corporation Yard 357 E. 12th Street 5X WK, Monday-Friday Fleet Maintenance 359 E. 12th Street 3X WK, M/W/F
Environmental Center 2581 Harbor Street 3X WK, M//W/F
Water Plant 300 Olympia Dr. 2X WK, Wednesday/Friday
Recreation Center 340 Marina Blvd. 2X WK, Tuesday/Thursday Hours at times are subject to change if necessary.
Docusign Envelope ID: AC7E0CF9-C748-80E4-827D-D7EA29C227C8
X. STANDARD OPERATING PROCEDURE-CLEANING & SANITATION
Purpose. To describe a regular cleaning and sanitation procedure and to ensure that only approved materials are used at all city buildings in Pittsburg, California. The Contractor shall provide janitorial services as outlined in the Scope of Work/Specifications and Standard Operating Procedure (SOP).
The Contractor shall perform all cleaning tasks to meet the completeness, quality and frequency requirements set forth in this RFP. NOTE: The cleaning and sanitation is based on a 5 and/or 7-day workweek as outlined in the Mandatory requirements.
Scope. This SOP applies to Public Works, Janitorial Contractors, and all buildings within the City of Pittsburg.
Responsibility. The Public Works Department is responsible for the supervision and auditing of cleaning and sanitation tasks as outlined in this SOP.
Procedures. The cleaning and sanitation procedures for facilities are divided into specific operations.
These operations are scheduled to be performed at predetermined intervals for different work areas within the facility. Materials authorized for use are included in this RFP.
Definitions
The following definitions apply to the methods of cleaning and sanitation as specified in this procedure:
Damp Mop
Moisten floor surface with an appropriate solution and wipe clean.
Damp Wipe
Moisten disposable cleaning towel or clean rag with an appropriate solution and wipe clean.
Dry Mop
Use a treated broad-faced cotton towel to capture and remove dust and debris from smooth, hard floor surfaces (static action).
Extract
Flush foreign material from fabric using special equipment for this purpose (also known as steam or dry cleaning).
Hand Dust
Uses a disposable towel or clean rag to wipe, capture, and remove dust (static action).
Refinish
Apply appropriate synthetic floor finish on floor as required and appropriate.
Sanitize
Use a germicidal detergent in conjunction with cleaning procedures, i.e., DAMP WIPE, DAMP MOP, WASH, and SCRUB.
Scrub
Saturate surface with an appropriate solution and agitate by hand or mechanically with the aid of a scrubbing pad or brush to suspend foreign matter. Remove excess solution with wet vacuum equipment or other means. Damp mop.
Shampoo
Clean fabric surfaces with appropriate solution by hand or mechanical means and let air-dry.
Spray Buff (as appropriate)
Use a high-speed machine to apply appropriate solution to clean and polish synthetic floor finishes.
Docusign Envelope ID: AC7E0CF9-C748-80E4-827D-D7EA29C227C8
Strip (as appropriate)
Flood surface with emulsifying detergent solution and agitate by hand or mechanically with the aid of a scrubbing pad to suspend floor finish. Remove solution with wet vacuum equipment or other means.
Apply a neutralizing solution and remove. Damp mop.
SPECIFIC TASKS-DAILY
Listed below are the specific tasks for cleaning and sanitation of common areas, lobby, offices, conference rooms, exercise & fitness room, restrooms, etc.
Carpet
The Contractor shall vacuum all carpeted floor areas so that after vacuuming, they are free of all litter, dust, soil, etc. Chairs, trash receptacles, and easily movable items shall be moved to vacuum underneath and returned to their original location when vacuuming has been completed. The Contractor shall remove all spots on carpets that are smaller than two square feet.
Floors
The Contractor shall damp mop and clean resilient and ceramic tile floors, including all splash marks on furniture, walls, baseboard, etc., using a germicidal solution. The Contractor’s cleaning shall include corners and abutments so that they are uniform in appearance and are free of streaks, swirl marks, detergent residue, or any evidence of stains, soil, film debris, or standing water. The Contractor shall ensure that the mop used to clean the bathroom floor is not used on any other common floor area. The Contractor shall display caution signs when floors are wet and personnel other than Contractor personnel are present in the area. Signs shall remain in place until floors are completely dry.
The Contractor shall maintain all resilient and ceramic tile floors with floor cleaning machines, unless specified elsewhere as having carpet or special flooring. After floors receive floor maintenance, the entire floor shall have a uniform coating of nonskid finish and glossy appearance and be free of scuffmarks, heel marks, and other stains and discoloration. The Contractor shall remove floor finish from baseboards, walls, furniture, trash receptacles, etc. Chairs, trash receptacles, and easily removable items shall be tilted or moved to maintain floors underneath and returned to their original location when maintenance has been completed. The Contractor shall apply these techniques only to the portion of the floor needing work to bring the entire surface up to the above stated standard. The Contractor shall not apply finish on surfaces that have not been cleaned.
Trash
The Contractor shall empty and return to their initial location, wastebaskets, receptacles, and other trash containers within the area including the removal of white recycle wastebaskets. The Contractor shall wash and sanitize wastebaskets and trash receptacles used for disposal of food remnants inside and out. Plastic trash liners shall be placed in all waste receptacles and/or replaced when soiled or torn.
The exterior of trash and ash urn receptacles shall be cleaned as required to assure cleanliness. The Contractor shall dispose of trash in plastic bags secured with a bag tie. The Contractor shall pick up any trash that may fall in or around the building during the removal of collected trash. The Contractor shall deposit all trash in the outside trash collection point.
Low Dusting
The Contractor shall perform low dusting so that after dusting, all dust, smudges, cobwebs, litter, lint, and dry soil are removed from surfaces of chairs, conference/break room tables, file cabinets and other types of office furniture, wall hangings, cubicle/cabinet tops, partitions, ledges, windowsills, light fixtures, ceiling corners, etc. Contractor shall thoroughly clean exhaust vents and pay special attention to rafters, corners, and overhangs. All areas shall be inspected and kept cobweb free.
Glass
Docusign Envelope ID: AC7E0CF9-C748-80E4-827D-D7EA29C227C8
The Contractor shall clean and polish interior and exterior glass doors. Areas will include sills/ledges, display cases, glass cabinets, mirrors, interior windows, etc.
Drinking Fountains and Sinks
The Contractor shall clean and disinfect all porcelain and polish metal surfaces, including damp-wipe and then drying all surface areas with clean cloth, including exterior of counters, shelves, and refrigerator. The Contractor shall clean drinking fountains and sinks so that after cleaning, drinking fountains and sinks shall be free from spots, stains, smudges, scale, and other obvious soil. The Contractor shall scrub and wipe sink and polish chrome fixtures.
Lunchroom and Coffee Areas
Damp wipe tables and chairs in lunchroom and on patio. Clean lunchroom and coffee areas; disinfect counter and tabletop surfaces and rinse with clean water including sinks, outside front/top of refrigerators and vending machines. Clean microwaves, inside and outside.
Stairs and Stairwells
Dust, mop, and clean the stairs, stairwells and landings, as well as the floor area underneath the stairs on a daily basis.
Elevator
Clean interior cab and exterior door of elevator. Mop floor and remove dust, smudges, fingerprints, and other markings. Clean and disinfect control panels using a germicidal cleaner. Clean and polish interior glass.
Mirrors, Light Switches, and Doorknobs
Polish all mirrors and clean light switches, keypad devices, doorknobs, handles, etc., using a germicidal cleaner throughout common areas.
Restrooms
The Contractor shall perform restroom cleaning as specified. Restroom cleaning shall include the following tasks:
• Clean/Disinfect: The Contractor shall clean all surfaces and sanitize basins, toilets, toilet seats, urinals, chrome fittings, and other such surfaces, using germicidal detergent. After cleaning, all surfaces shall be free of dirt, grime, film, stains, scum, soap residue, dust, and other foreign matter.
• Spot Clean: The Contractor shall remove smudges, fingerprints, marks, streaks, dust, etc. from washable surfaces, partitions, stalls, stall doors, handrails, wall areas adjacent to urinals, toilets, interior and exterior doors, and soap/towel dispenser. The Contractor shall spot clean using a germicidal detergent. After spot cleaning, the surface shall have a clean, uniform appearance.
Other walls surfaces not mentioned should be spot cleaned as needed to the same standards. • Descale: The Contractor shall descale interior of toilet bowls and urinals so that after cleaning the entire surface is free of streaks, stains, scum, scale, urine deposits, and rust stains. • Mirrors and Dispensers: The Contractor shall clean and polish mirrors and adjacent trim as needed so that after cleaning the entire surface is free of streaks, stains, scum, scale, and stains.
• Waste Receptacles: The Contractor shall empty waste and sanitary napkin disposal receptacles and replace liners. Wash and sanitize inside and outside using a germicidal solution; polish outside chrome with bright metal polish.
Docusign Envelope ID: AC7E0CF9-C748-80E4-827D-D7EA29C227C8
• Floors: The Contractor shall damp mop resilient and ceramic tile floors using a germicidal detergent solution.
• Supplies: The Contractor shall supply and replenish the restroom areas with certified green toilet paper, paper towels, toilet seat covers, and soap products to ensure supplies are not depleted before the next service.
SPECIFIC TASKS - WEEKLY
• Clean, wipe and sanitize restroom doors, walls and partitions. Clean walls in common areas using a product consistent with paint manufacturer’s recommendations. • Clean and wipe down all computers, monitors, and keyboards with an approved lint/dust free cloth.
• Remove fingerprints and spot damp wipe all woodwork, doors, and walls, partitions, window ledges, tops of filing cabinets, etc.
• Spot clean interior windows and glass in conference rooms, office suites, and workstations. • Damp wipe all doors, moldings, jams, window frames, ledges, sills, and baseboards. • Remove cobwebs within interiors or around the outside or behind any door. • Clean and wipe down tops, sides, and front of lockers in Police Department. • Clean and sanitize kick plates, thresholds, light switches, and handles. • Machine scrub and/or hard wax surface floors as required. • Edge vacuum carpet, removing all dust, dirt, and lint.
SPECIFIC TASKS - MONTHLY
• Dust and polish all furniture. Wipe down desks, filing cabinets, framed pictures, plagues, telephones, etc.
• Dust, clean and vacuum upholstered chairs. Wipe thoroughly and polish arms, legs and bases. • Clean, wipe and/or wash all Venetian blinds, removing all fingerprints, smudges, and dust on inside and outside.
• Vacuum and wipe down ceiling vents (includes restrooms) and HVAC with appropriate cleaner.
XI. MISCELLANEOUS PROVISIONS
• Should the Contractor fail to clean the facility in accordance with the scheduled days and time, the City of Pittsburg will automatically remove payment for that cleaning from the invoice.
Continued failure to clean in accordance with the days and time may result in termination of the contract.
Docusign Envelope ID: AC7E0CF9-C748-80E4-827D-D7EA29C227C8
• The City of Pittsburg will conduct random inspections of the cleaning performed by the Contractor. Based on the severity and cumulative results of the inspections, the Contractor will be notified of performance issues with two (2) days to rectify including holidays and weekends.
If, at the sole discretion of the City, it is determined that the performance is not satisfactory, the contract may be terminated.
• Flooring shall, at all times, have sufficient finish to prevent slippage. Baseboards and floor edges are free of mop marks and finish build-up. The acceptable criterion for floor maintenance is a uniform, mark free surface.
• Janitorial staff shall fully illuminate areas in which they perform their tasks and turn out lights as an energy conservation measure upon completion of their duties. Janitor shall maintain safety and security measures throughout the performance of his/her duties. • Contractor will provide the City with immediate notification of terminated employees and retrieval of keys and electronic key cards. Employees are not to share cards or use other janitorial staff’s cards. Contract subject to termination if security of these items are compromised.
• Any special task accomplished with non-routine frequency is documented on a work order form.
The Janitor completes the task and returns the form to their supervisor who forwards it to the Public Works Supervisor or Superintendent.
• The Janitor is at all times aware of any and all activities within the facility, and makes continuing, comprehensive surveys to ensure the normal state of the facility, to look for water leaks, listen for unusual noises and be alert to unusual smells. The Janitor notifies their supervisor of any irregularities and notifies the Police Department of unauthorized persons in or about the building.
• All exterior personnel doors shall be kept closed and locked (except when in use) during all other than normal working hours.
• All areas assigned to janitorial functions, i.e. janitorial closets, storage rooms, etc. are to be maintained in a neat and orderly fashion. Adhere to regulatory codes at all times i.e. areas in front of electrical distribution panels fire risers, drains in these rooms, personal or emergency exits, hot water heaters, etc., shall be clear of all obstructions.
Docusign Envelope ID: AC7E0CF9-C748-80E4-827D-D7EA29C227C8
EXHIBIT B
COMPENSATION SCHEDULE
Any price increase an extended term beyond the original contract term of one year shall not exceed the percentage increase in the Consumer Price Index for All Urban Consumers (CPI-U) for the San Francisco-Oakland-Hayward, CA area (All Items, Not Seasonally Adjusted), as published by the U.S.
Bureau of Labor Statistics (BLS). The increase shall be calculated by comparing the most recent index figure available 60 days prior to the renewal date with the index figure from the same month of the previous year. In no event shall the price increase exceed 5% per year.
Total Monthly Cost: $24,996.13
Total Annual Cost: $299,953.56
Docusign Envelope ID: AC7E0CF9-C748-80E4-827D-D7EA29C227C8
CERTIFICATE OF COMPLIANCE WITH LABOR CODE § 3700
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake selfinsurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
IMPERIAL MAINTENANCE SERVICES, INC.
By:
Title:
Docusign Envelope ID: AC7E0CF9-C748-80E4-827D-D7EA29C227C8 COO
STAFF REPORT
MEETING DATE: June 15, 2026
TO: Mayor and Council Members
FROM: Darin E. Gale‚ City Manager
John Sameulson, Public Works Director/City Engineer
Savon Reese, Associate Engineer
SUBJECT: Adoption of a City Council Resolution Authorizing Execution of a First Amendment to the Consulting Service Agreement with Raney Planning and Management, Inc. for Project 3038, West Leland Road Extension Phase II
EXECUTIVE SUMMARY
The City has an existing Consulting Services Agreement (Agreement) with Raney Planning & Management, Inc. (Raney) to provide CEQA analysis and permitting services for Project 3038 – West Leland Road Extension Phase II (Project). Additional technical studies and associated reporting are required to support the evaluation and inclusion of a borrow site for fill materials adjacent to the project site. Adoption of this resolution will authorize the City Manager to execute a First Amendment to the Consulting Services Agreement with Raney, increasing compensation by $45,263, for a revised total not-to-exceed $419,476.
FISCAL IMPACT
Funding for this amendment is available within the approved Project budget. No additional funding is being requested.
RECOMMENDATION
Staff recommends that the City Council adopt the attached Resolution authorizing the City Manager to execute a First Amendment to the Agreement with Raney, increasing compensation by $45,263, for a revised total not-to-exceed $419,476.
BACKGROUND
The Project consists of construction of an extension of West Leland Road, from Santa Teresa Drive to Avila Road, enhancing connectivity from Pittsburg to Concord city limits.
On June 12, 2025, East Contra Costa Regional Fee and Financing Authority (ECCRFFA) adopted Resolution No. 25/03, which appropriated $33,380,000 to the Project for design and construction in accordance with Cooperative Agreement No. 18- 25 between ECCRFFA and the City.
On June 16, 2025, the City Council adopted Resolution No. 25-14636, authorizing execution of a Cooperative Agreement with ECCRFFA for the Project.
On October 20, 2025, the City Council adopted Resolution No. 25-14701, authorizing execution of an Agreement with Raney for CEQA analysis and permitting in an amount not to exceed $374,213.
City staff negotiated with Raney an amendment for the additional technical studies and reporting required for CEQA documentation and permitting, related to fill materials adjacent to the project site.
SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.
STAFF ANALYSIS
Staff has finds the additional scope and compensation to be reasonable. Based on this review, staff recommends approval of the First Amendment to the Agreement with Raney.
The additional scope of work is primarily driven by the need for supplemental technical studies, analysis, and reporting to support borrow site inclusion. This work includes evaluation of the potential borrow site, assessment of environmental and regulatory constraints, and incorporation of findings into the Project’s CEQA documentation and permitting package.
ATTACHMENTS: Resolution
Borrow Site Location
First Amendment
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter Of:
Authorizing Execution of a First Amendment )
To the Consulting Service Agreement with )
Raney Planning and Management, Inc. for ) RESOLUTION NO. 26- Project 3038, West Leland Road Extension )
Phase II )
WHEREAS, Project 3038-West Leland Road Extension Phase II (Project) consists of construction of an extension of West Leland Road, from Santa Teresa to Avila Road, enhancing connectivity from Pittsburg to Concord City limits; and WHEREAS, on October 20, 2025, the City Council adopted Resolution No. 25- 14701, authorizing execution of a Consulting Services Agreement (Agreement) with Raney Planning & Management Inc. (Raney) for California Environmental Quality Act (CEQA) analysis and permitting for an amount not to exceed $374,213; and WHEREAS, the City negotiated with Raney a First Amendment to the Agreement to provide additional technical studies and reporting required for CEQA documentation and permitting, for fill materials adjacent to the project site, at a cost of $45,263; and WHEREAS, staff recommends that the City Council authorize the City Manager to execute a First Amendment to the Agreement with Raney, increasing compensation by $45,263, for a revised total not-to-exceed amount of $419,476.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Pittsburg hereby authorizes the City Manager to execute the First Amendment to the Consulting Services Agreement with Raney Planning & Management, Inc for $45,263 for a revised total not to exceed amount of $419,476.
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 15th day of June 2026, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Dionne Adams, Mayor
ATTEST:
Alice E. Evenson, City Clerk
BORROW SITE LOCATION
FIRST AMENDMENT TO
CONSULTING SERVICES AGREEMENT BETWEEN
CITY OF PITTSBURG AND
RANEY PLANNING & MANAGEMENT, INC.
Relative to: Project 3038 West Leland Road Extension Phase II THIS First Amendment to the Principal Agreement made and entered into on October 21, 2025, hereafter referred to as Agreement, between Raney Planning & Management, a California corporation, therein referred to as Consultant, and the City of Pittsburg, a municipal corporation, therein referred to as City, is made and entered into on this 15th day of June, 2026.
WHEREAS, the parties entered into an Agreement for design engineering services West Leland Road Extension; and
WHEREAS, the parties desire to add services and increase the compensation amount accordingly.
NOW, THEREFORE, Consultant and City do mutually agree as follows:
1. Compensation. Section 2 of the Agreement is hereby amended to read as follows:
City hereby agrees to pay Consultant a sum not to exceed Four Hundred Nineteen Thousand Four Hundred Seventy-Six Dollars ($419,476), as set forth in Exhibit B, attached hereto and incorporated herein for services to be performed and reimbursable expenses incurred under this Agreement. This dollar amount is not a guarantee that the City will pay that full amount to the Consultant but is merely a limit of potential City expenditures under this Agreement.
2. Exhibit A Scope of Services. Exhibit A is amended to include Attachment 1 of this First Amendment.
3. Exhibit B Compensation Schedule. Exhibit B is hereby amended to include Attachment 2 of this First Amendment.
4. Integration. This First Amendment contains the entire agreement between the parties with respect to its subject matter and supersedes whatever oral or written understanding they may have had prior to the execution of this First Amendment. This First Amendment shall not be amended or modified except by a written agreement executed by each of the parties. Except as specifically revised herein, all terms and conditions of the Agreement shall remain in full force and effect, and Consultant shall perform all duties, obligations and conditions required under the Agreement.
5. Inconsistencies. In the event of any conflict or inconsistency between the provisions of this First Amendment and the Agreement, the provisions of this First
Amendment shall control in all respects.
6. Ambiguities. The parties have each carefully reviewed this First Amendment and have agreed to each term of this First Amendment. No ambiguity shall be presumed to be construed against either party.
7. Counterparts. This First Amendment may be executed by the parties in one or more counterparts all of which collectively shall constitute one document and agreement.
8. Authority. The person signing this First Amendment for Consultant hereby represents and warrants that he or she is fully authorized to sign this First Amendment on behalf of Consultant.
IN WITNESS WHEREOF, the parties have entered into this First Amendment on the day and year first hereinabove appearing.
CONSULTANT:
Raney Planning & Management, a
corporation of the State of California
By:
Rod Stinson,
Vice President/Air Quality Specialist
CITY:
CITY OF PITTSBURG, a municipal
corporation of the State of California
By:
Darin Gale, City Manager
APPROVED AS TO FORM:
By:
Donna Mooney, City Attorney
ATTACHMENT 1
EXHIBIT A
SCOPE OF SERVICES
The approximately 61.73-acre parcel south of the project site, identified by Assessor’s Parcel Number (APN) 091-020-013 shall be included in the Environmental Impact Report (EIR) evaluating the full disturbance of the southern parcel.
Consultant shall perform the tasks set forth below. Consultant may utilize subconsultants with prior approval of City. Consultant shall be obligated to provide services below regardless of whether they are performed by a subconsultant.
Consultant shall conduct a Construction Health Risk Assessment (HRA) to evaluate the potential impact of the full grading of the southern parcel and hauling of the soils on nearby sensitive receptors. This may require additions to respective technical reports, information, and findings to reflect the use of the borrow site.
Task 7.3a.2. Construction Health Risk Assessment
Through the HRA, Consultant shall analyze construction emissions only and shall not focus on operational emissions. The analysis for the HRA shall include both acute and chronic health hazards, carcinogenic and non-carcinogenic, due to exposure of TACs.
The estimation of health risks shall be determined using the guidelines identified in the California Office of Environmental Health Hazard Assessment (OEHHA) Guidance Manual for Preparation of Health Risk Assessments, as well as in accordance with Bay Area Air District (BAAD) guidelines. The carcinogenic health risks shall be expressed in terms of increased cancer cases per one million individuals and the non-carcinogenic health risks shall be expressed in terms of Hazard Index (HI). The health risks shall be compared to the applicable thresholds of significance determined in coordination with the lead agency and BAAD. The results of the analysis shall be summarized in the air quality and greenhouse gas chapter of the EIR.
Biological Resources Analysis and Aquatic Resources Delineation Survey Consultant itself or through a subconsultant approved by the City shall conduct a Biological Resources Analysis and Aquatic Resources Delineation Survey. Consultant shall:
Conduct background research;
Perform a site visit;
Prepare additional sections for the project BRA;
Conduct a Draft Aquatic Resources Delineation Survey;
Conduct a Field Delineation;
Prepare Wetlands Assessment Report;
Prepare a scaled draft wetlands map for the U.S. Army Corps of Engineers (USACE); and
Meet with USACE on the project site to verify mapped wetlands and finalize wetlands map.
Task 1. Biological Resources Analysis
The Biological Resources Analysis shall be included in the previous approved cost proposal for the West Leland Road Extension Phase II project Biological Resources Analysis Report. The report shall address and include the current site conditions, plant communities, and wildlife habitats, as well as any potential project impacts to specialstatus species and habitats, the regulatory considerations of potential impacts, and shall present any necessary mitigation measures that could be implemented to offset any potentially significant impacts to a level considered “less-than-significant” pursuant to CEQA.
Task 1A. Background Research
Consultant shall review the CDFW’s most current version of the Natural Diversity Data Base (RareFind 5 application) for records of special-status plant and animal species known from the project site and within 5 miles of the project site. Similarly, the California Native Plant Society's (CNPS) electronic update of the Inventory of Rare and Endangered Vascular Plants of California (Fifth Edition) shall be checked for information concerning the potential occurrence of special-status plant species in the area of the project site.
Task 1B. Perform a Site Visit to Characterize Vegetation Communities and Animals Observed or Expected to Occur on the Project Site
Consultant shall have biologists conduct a cursory site survey to confirm current project site plant communities and wildlife habitats. During the project site visit, a list of all plants and animals observed or expected to occur on the project site shall be prepared.
Habitats potentially supporting special-status plant or animal species on the project site, or within a zone of influence around the project site, shall be recorded. In addition, Consultant shall map those areas that would likely constitute “waters of the United States” (i.e., those areas that would likely be regulated by the Corps) and “waters of the State” (i.e., those areas that would likely be regulated by the California Regional Water Quality Control Board and the California Department of Fish and Wildlife) using satellite (GPS) technology (see Task 2A below).