File PBG·DC · Compiled 4 Jun 2026 · V2
Investigative Dossier — Public Record
Who Moved It Forward
The data center on the former Delta View Golf Course — a decade of votes, options, and one continuous land deal (2016–2026), traced through official minutes, adopted resolutions, and meeting video. 2016 - 2026.
▸ The dais, 4 Nov 2024. Mayor Juan Antonio Banales, Councilmember Shanelle Scales-Preston, and Councilmember Dionne Adams the night the Final Program EIR was certified. [V1]
76.38
Acres Entitled
99→500 MW
MW Buildout
$16.78M$10.5M
Land Sale Price
28
Official Actions Logged
01 · The Clean Answer
One Deal. Three Names. One Continuous Direction.
The former Delta View Golf Course closed on 1 Mar 2018. Eighteen days later, the City Council ordered staff to explore reuse. Thirteen weeks after that, the city signed a five-year option with a single data-center developer, EDS, the only company ever considered. No public bid, no competing offer, no alternative ever named.
The Developer Chain
Discovery Builders
Albert Seeno III
36-month exclusive negotiating agreement for residential development on 422 acres (golf course + Stoneman Park). Lapsed without a deal. Greenbelt Alliance — the 2009 Seeno ENA
Energy Delivery Solutions
EDS · SteelRiver affiliate
EDS had worked with Pittsburg since the summer of 2016. Council approved a five-year option on 4 Jun 2018 (executed the next day), price pre-fixed at $16,779,312. On 7 Oct 2019 the window to exercise was extended to 4 Jun 2028. EDS was still the named CEQA applicant on the abandoned first EIR. East County Today, 7 Jun 2018, "Council Agrees to Begin Process to Bring 100-Acre Technology Park to Pittsburg" — EDS option; Wood / Evola / Craft / Croskey / Foster quotes; "since 2016."Resolution 22-14126 (adopted, certified, with recitals & vote), 18 Jul 2022 — OnBase legislative portal4 Jun 2018 City Council — CivicClerk event 2060
AVAIO Digital Partners
via Pittsburg Land Holdings LLC
Acquired assets of EDS in early 2022. City executed a novation assigning the ENRA and option to AVAIO. The sale closed for $10.5 million — $6.28 million under the price the city had locked in back in 2018 — with the note executed 30 Sept 2022, just ahead of the Surplus Land Act exemption deadline the whole structure was built around. Resolution 22-14126 (adopted, certified, with recitals & vote), 18 Jul 2022 — OnBase legislative portalSettlement agreement, 16 Dec 2025
City Council called it a "Once-in-a-lifetime opportunity"
$16,779,312 — fixed with the $1 option in 2018, already flagged as uncompetitive. It didn't even hold: the city closed for $10.5 million, a further $6.28 million discount. 4 Jun 2018 City Council — CivicClerk event 2060Resolution 22-14126 (adopted, certified, with recitals & vote), 18 Jul 2022 — OnBase legislative portalEmail, Jordan Davis, 29 Jun 2026 — "Fw: Request for Clarification on Missing EIR and Project-Related Analysis Items." Confirms the 2022 sale closed at roughly $10.5M, below the $16.7M figure; city compiling responsive financial agreements and due-diligence records for release
A Verified Negative
No other developer was ever publicly attached to the site — ten years, three names, one continuous deal.
Seller. Regulator. Power Vendor.
The City Council doubles as the board of the Pittsburg Power Company — making the city simultaneously the land seller, the land-use regulator, and the power vendor to the project.
The Two Constants
Two officials supported this project at every council stage from 2018 to 2024 — from the $1 option to full entitlement.
Jelani Killings
Councilmember → Vice Mayor
“[...] essentially building public trust in city government and improving our responsiveness to the needs of our community.” 4 Jun 2018 City Council — CivicClerk event 2060
— pitching a new community-engagement committee in 2018
Confirmed votes
- Jun 2018Yes on the EDS option Council minutes, 4 Jun 2018 — file 3307
- Jul 2022Moved the land sale Resolution 22-14126 (adopted, certified, with recitals & vote), 18 Jul 2022 — OnBase legislative portal
- Nov 2024Moved the PEIR certification Council minutes, 4 Nov 2024 — file 1281
As of Dec 2025, co-chairs the Data Center and Hydrogen Subcommittee (with Lopez; staff: Jordan Davis). Agreement — Data Center and Hydrogen Subcommittee charter
Juan Antonio Banales
Councilmember → Mayor
“When we decided six years ago to close the golf course, [...] the vision was economic development, job creators.” 4 Nov 2024 City Council — CivicClerk event 1385
— explaining the 2018 golf-course closure, Nov 2024
Confirmed votes
- Jun 2018Seconded the EDS option Council minutes, 4 Jun 2018 — file 3307
- Jul 2022Yes on the land sale Resolution 22-14126 (adopted, certified, with recitals & vote), 18 Jul 2022 — OnBase legislative portal
- Nov 2024Yes on PEIR; gave the project's signature press quote Council minutes, 4 Nov 2024 — file 1281
Mayor during the 4 Nov 2024 PEIR certification vote.
Who Else Moved It Forward
Six council members moved it forward. Two — the constants above — were there from the $1 option to entitlement. These four carried it at key moments:
Shanelle Scales-Preston
Councilmember → County Supervisor D5
Yes — Oct 2019 · Jul 2022 · Nov 2024
Dionne Adams
Councilmember → Mayor 2026
Yes — Nov 2024
Angelica Lopez
Councilmember → Vice Mayor 2026
Yes — Nov 2024
Arlene Kobata
PC Chair → Councilmember
Yes — Sept 2024 (Planning Commission)
Beyond the dais, staff spanned the EDS era into implementation, and building-trades speakers filled the podium in favor at every hearing. The only two NO votes ever cast came from the appointed Planning Commission — never from the council. Council minutes, 4 Nov 2024 — file 1281Planning Commission minutes, 10 Sept 2024 — file 132910 Sept 2024 Planning Commission — event 1416
Meet the full cast of players →The Opposition
▸ The only two NO votes. Planning Commissioners Elissa Robinson and Donna Smith (speaking). 10 Sept 2024. 10 Sept 2024 Planning Commission — event 1416
Planning Commissioners Elissa Robinson and Donna Smith vote no — the only two NO votes ever cast on this project. 10 Sept 2024 Planning Commission — event 1416
The Center for Biological Diversity files a CEQA suit challenging the EIR. Settled for $750,000. CBD Verified Petition, 2 Dec 2024 — Case N24-2162Settlement agreement, 16 Dec 2025
An 18-group coalition files a BAAQMD petition over the project's 37 planned diesel generators. BAAQMD petition, 22 Apr 2026
02 · The Dialogue
Same Room, Different Story
What was said, by whom, in the same room — supporters and opponents, side by side, across the decade of meetings that got us here.
Act 1 · 2018
The Option
The same 4 Jun 2018 meeting where the council locked in the $1 five-year option — advocacy and pushback, minutes apart.
Wolfgang Croskey
Community member · 4 Jun 2018
“The property was not marketed.” 4 Jun 2018 City Council — CivicClerk event 2060
Sal Evola
Vice Mayor · 4 Jun 2018
“It is the prerogative of this city council… to enter into exclusive rights to negotiate with developers of energy projects… When [residents] talk about the marketing of the property, it's our prerogative whether to market a property or not.” 4 Jun 2018 City Council — CivicClerk event 2060
Darrell Foster
Community member · 4 Jun 2018
“So they put a poll out there, and the poll overwhelmingly supported maintaining the golf course. But the city did the opposite. They closed the golf course. I think it was already pre-determined to do so… The public wants to be heard. They deserve to be heard… I do believe it would be irresponsible for the council to take action on this matter tonight.” 4 Jun 2018 City Council — CivicClerk event 2060
Sal Evola
Vice Mayor · 4 Jun 2018
“What did the poll say…? Approximately half wanted us to try to subsidize the golf course to keep it open… The other half... wanted us to explore diverse recreational opportunities as well as economic development, and that is what this item will allow.” 4 Jun 2018 City Council — CivicClerk event 2060
Pete Longmire
Mayor · 4 Jun 2018
“It would be more helpful and efficient if we knew your question in advance. That way, we can make sure the staff would answer any concerns that you may have.” 4 Jun 2018 City Council — CivicClerk event 2060
Willie Mims
Community member · 4 Jun 2018
“The people should have access to the people's business… To ask us to give you a question on a report that has not been presented to the people is a disservice to the people — that is denying the people access to the people's business.” 4 Jun 2018 City Council — CivicClerk event 2060
Merl Craft
Councilmember
“We can't afford to stay a community … only concerned about what an individual group is and not a regional approach.” East County Today, 7 Jun 2018, "Council Agrees to Begin Process to Bring 100-Acre Technology Park to Pittsburg" — EDS option; Wood / Evola / Craft / Croskey / Foster quotes; "since 2016."
Act 2 · 2022
The Sale
The quietest stretch of the decade — no hearings, no podium speakers, just paperwork.
From the record
Novation: EDS's assets acquired by AVAIO; the ENRA and option assigned to Pittsburg Land Holdings.
Sale closed at $10.5M — below the $16.78M publicized figure — just ahead of the Surplus Land Act exemption deadline.
No public testimony for or against is on record for this window.
Act 3 · 2024
The Entitlement
Same hearing, 10 Sept 2024 — a Building Trades rep calls it fruition; the City Treasurer calls the process a stranger to the town.
Tom Hanson
Business Manager, IBEW Local 322 · 10 Sept 2024
“The long-term plan that the council put in place in 2018 is coming to fruition today. To say no to it is saying no to a strong financial future with really good, strong economic development.” 10 Sept 2024 Planning Commission — event 1416
Nancy Parent
City Treasurer · 10 Sept 2024
“I want you to know that the people who negotiated this, who were planning it, do not live in this town. Will not live in this town.” 10 Sept 2024 Planning Commission — event 1416
Jordan Davis
CED Director · 10 Sept 2024
“30 employees is not a lot for a building this size… It does only have 30 jobs, but those are 30 highly skilled, high-paying jobs that could have potential downstream impacts on economic development.” 10 Sept 2024 Planning Commission — event 1416
Donna Smith
Planning Commissioner · 10 Sept 2024
“You mentioned the employees… We're talking about one building that looks to be three to four stories high, that may have 30 employees in one… I'm seeing that the idea of the employees is not actually as big as we would think if these are in fact more warehouse use spaces — they don't need a lot of employees to run.” 10 Sept 2024 Planning Commission — event 1416
Frances Tinney
CBD Attorney
“Putting a project like this so close to residential neighborhoods, a church, schools, and parks creates hazards.” 10 Sept 2024 Planning Commission — event 1416
From the record
Robinson cast the other of the project's only two NO votes at this same hearing — her stated reasoning is not found in the available meeting record.
Act 4 · 2024–25
The Reckoning
November 2024: confidence that future-phase impacts were already screened. December 2025: the city agrees to review them anyway.
Jelani Killings
Councilmember · Nov 2024
“There are certain thresholds that have been identified, and none of them went above that significant level… So I do find a level of comfortability in that.” 4 Nov 2024 City Council — CivicClerk event 1385
The Settlement
CBD CEQA agreement · Dec 2025
The City may not rely on the current EIR's conclusions for any Phase II–III warehouse/logistics center — separate review required. Settlement agreement, 16 Dec 2025
Juan Antonio Banales
Mayor · Dec 2024
“The City of Pittsburg and PPC have a long history of supporting innovative industrial uses, and we see these developments as the core of our workforce and economic development initiatives.” AVAIO milestone release, 3 Dec 2024 — Banales / McComiskey quotes
The EIR's Own Assumptions
Planning Commission staff report · 10 Sept 2024
30 jobs. 10 Sept 2024 Planning Commission — event 1416
Shanelle Scales-Preston
City Council Member · Dec 2025
“I think that part is really exciting for us to be able to have in our community as well as for our youth to have the potential to have jobs right here in our community. Therefore, I would be supporting this project.” PRNewswire, 9 Dec 2025 — CEC approval; Scales-Preston / McComiskey quotes
Meredith Stevenson
CBD Attorney
“Data centers pretend to be unassuming, but in fact they pose huge risks to the air quality and water supply of our communities.” CBD press release, 2 Dec 2024
Angelica Lopez
Councilmember · Nov 2024
“I envision Pittsburg moving towards a Silicon Valley-type city… That might attract other types of businesses, including big retailers such as better grocery stores.” 4 Nov 2024 City Council — CivicClerk event 1385
Act 5 · 2026
The People Find Out
Eight years after the option: regulators are petitioned in April; the public — finally aware — answers in June.
Apr 2026
An 18-group coalition petitions BAAQMD over the project's 37 planned diesel generators. BAAQMD petition, 22 Apr 2026
9 Jun 2026
20,000
signatures against the data center in two weeks — the majority from the Pittsburg area. Community petition opposing the data center, created 9 Jun 2026 — 20,000+ signatures in two weeks, majority from the Pittsburg area.
15 Jun 2026
300+
residents at the City Council meeting — more than 100 public comments, from people of all ages and backgrounds.
03 · The Record of Actions
The Record of Actions
All tallies are from official adopted minutes or resolutions unless noted. The six highlighted rows bound the deal: the 2017 exclusive negotiating rights agreement, the 2018 option, the 2022 sale, the 2024 General Plan redesignation, the 4-2 Planning Commission vote, and the 5-0 EIR certification.
Exclusive Negotiating Rights Agreement (ENRA) signed with EDS, private, predates any public reuse process by seven months
Council + PPC · ENRA 1 Aug 2017Five-year option with EDS — 101.7 ac, $1 consideration for the option; tiered pricing totaling $16,779,312 if fully exercised
City Council · Minutes [M3]Purchase & Sale + seller-financed Note + Deed of Trust, $16,779,327.41. Killings moved, Craft seconded. Note executed 30 Sept 2022
City Council · Reso 22-14126Adopt Envision Pittsburg 2040 General Plan — redesignates site Employment Center Industrial. Killings moved, Banales seconded. Parent spoke against
City Council · Minutes [M7]Recommend rezone + Specific Plan + Vesting Map + PEIR. Gordon moved, Foster seconded. Nays: Robinson, Smith — the only NO votes ever cast
Planning Comm. · PC Reso 10255Certify Final PEIR + MMRP + Vesting Map (Killings moved, Adams seconded); introduce rezone ordinance (Scales-Preston moved, Killings seconded). 13 for, 2 neutral, 3 against
City Council · Reso 24-14560| # | Date | Body | Action | Vote | Document |
|---|---|---|---|---|---|
| 02 | 1 Aug 2017 | Council + PPC | Exclusive Negotiating Rights Agreement (ENRA) signed with EDS, private, predates any public reuse process by seven months | negotiated agreement | ENRA 1 Aug 2017 |
| 06 | 4 Jun 2018 | City Council | Five-year option with EDS — 101.7 ac, $1 consideration for the option; tiered pricing totaling $16,779,312 if fully exercised | 5–0 unan. | Minutes [M3] |
| 12 | 18 Jul 2022 | City Council | Purchase & Sale + seller-financed Note + Deed of Trust, $16,779,327.41. Killings moved, Craft seconded. Note executed 30 Sept 2022 | 4–0 · White abs. | Reso 22-14126 |
| 15 | 6 May 2024 | City Council | Adopt Envision Pittsburg 2040 General Plan — redesignates site Employment Center Industrial. Killings moved, Banales seconded. Parent spoke against | 4–0 · Lopez abs. | Minutes [M7] |
| 17 | 10 Sept 2024 | Planning Comm. | Recommend rezone + Specific Plan + Vesting Map + PEIR. Gordon moved, Foster seconded. Nays: Robinson, Smith — the only NO votes ever cast | 4–2 | PC Reso 10255 |
| 18 | 4 Nov 2024 | City Council | Certify Final PEIR + MMRP + Vesting Map (Killings moved, Adams seconded); introduce rezone ordinance (Scales-Preston moved, Killings seconded). 13 for, 2 neutral, 3 against | 5–0 both | Reso 24-14560 |
Status as of June 2026
Fully entitled, CEC-exempted, settlement implemented, note restructured — but no publicly announced tenant, financing close, or groundbreaking. AVAIO's materials now say first occupancy 2027; analysts note Bay Area projects rarely start without a committed tenant.
04 · Settled vs. Still Open
What this round nailed down
Resolved this round
- ✓
PSA resolution number (22-14126) and full adopted text with vote certification.
- ✓
Actual 2022 sale price ($10.5M) confirmed by city staff — below the publicized $16.78M figure.
- ✓
Surplus-land step (22-14051, 7 Feb 2022).
- ✓
EDS → AVAIO transfer mechanics: asset acquisition + novation, early 2022.
- ✓
Option execution (5 Jun 2018) and extension (to 4 Jun 2028).
- ✓
Settlement-implementing council action (15 Dec 2025, item 22).
- ✓
The 7 May 2018 “vote” was consensus direction — no formal vote was taken.
Still open — archival only
- ○
Underlying financial agreements and due-diligence records behind the $10.5M sale price (city compiling for release).
- ○
Resolution numbers for the 2018 option, 2018 PSA, and Oct 2019 amendments (scanned in OnBase — retrievable doc-by-doc).
- ○
The unverified “24-14463/64” General Plan numbers.
- ○
15 Dec 2025 vote tally (minutes unpublished; video available).
- ○
Robinson's stated reasoning for her NO vote — not found in the available meeting record. Smith raised jobs-count and site-selection concerns on the record before voting no.
- ○
Campaign-finance filings (NetFile AID=PBG).
- ○
County Recorder deed and note instruments.
- ○
Delta Diablo board action on the will-serve.
Confidence note: Tallies, movers, seconders, and speaker lists for keystone actions are drawn from official adopted minutes or a resolution's vote certification — the highest tier. The EDS corporate links remain a strong inference; the 2009 Seeno ENA is single-source. The "since 2016" EDS relationship is now corroborated by both the East County Today report and the 4 Jun 2018 meeting video.
The one-line finding
A public golf course became a 500-megawatt data center site in one continuous deal — and the land was never put to market.
05 · The Cast of Players
Who was in the room
Every identification is nameplate-verified from official meeting video or an official government page.
City Council
Jelani Killings
SUPPORTEDCouncilmember → Vice Mayor
Yes on the 2018 EDS option, moved the 2022 land sale, and moved the Nov 2024 PEIR certification; now co-chairs the Data Center and Hydrogen subcommittee.
Confirmed votes
Juan Antonio Banales
SUPPORTEDCouncilmember → Mayor
Seconded the 2018 EDS option and yes on every vote since; Mayor during the 4 Nov 2024 PEIR certification and gave the project's signature press quote.
Confirmed votes
Shanelle Scales-Preston
SUPPORTEDCouncilmember → County Supervisor D5
Yes on 2019 amendments and 2022 sale; moved the 4 Nov ordinance introduction; still championing in Dec 2025.
Confirmed votes
Dionne Adams
SUPPORTEDCouncilmember → Mayor 2026
Seconded the 4 Nov 2024 PEIR motion; Mayor for the 2026 implementation phase.
Confirmed votes
Angelica Lopez
SUPPORTEDCouncilmember → Vice Mayor 2026
Yes on 4 and 18 Nov 2024; co-chairs the 'Data Center and Hydrogen' subcommittee.
Confirmed votes
Arlene Kobata
SUPPORTEDPC Chair → Councilmember
Chaired the 4–2 Planning Commission, recommending the project; selected 13 Jan 2025 to fill the vacant council seat.
Confirmed votes
Staff, Developer, and Others
Jordan Davis
CITY STAFFCommunity & Economic Dev. Director
The most-quoted advocate; signed the CBD settlement for the city; staffs the data-center subcommittee.
Mark McComiskey
DEVELOPERCo-Founder & CEO, AVAIO
Signs as President for both Pittsburg Data Hub LLC and AVAIO Digital Partners I — the entitlement entities.
John DeLacio
DEVELOPERProject Manager, AVAIO
Spoke in favor at the 4 Nov hearing; named real party in the CBD suit.
Sarah Foster
SUPPORTEDPlanning Commission Vice-Chair
Seconded the motion recommending approval, 10 Sept 2024.
Bill Whitney
LABOR / FORCEO, CC Building & Construction Trades
Spoke in favor on 4 Nov 2024; backed the 2018 Project Stabilization Agreement.
Elissa Robinson
VOTED NOPlanning Commissioner
One of the only two NO votes ever cast on the project, 10 Sept 2024.
Donna Smith
VOTED NOPlanning Commissioner
The second NO vote on the 4–2 Planning Commission recommendation; questioned the low jobs count and why this site over existing industrial land.
Nancy Parent
OPPOSEDCity Treasurer
Opposed industrial use of the golf-course site from the May 2024 General Plan vote onward; spoke against on 4 Nov.
Meredith Stevenson
LITIGANTAttorney, Center for Biological Diversity
Co-counsel on the Dec 2024 CEQA petition; spoke against at the 4 Nov hearing.
Frances Tinney
LITIGANTAttorney, Center for Biological Diversity
Co-counsel on the Dec 2024 CEQA petition; testified against the site's proximity to schools and homes, 10 Sept 2024.
Wolfgang Croskey
PROCESS CRITICResident / Process Critic
From 2018: "The property was not marketed." Logged as neutral by Nov 2024.
Sal Evola
SUPPORTEDVice Mayor, 2018
Moved the 2018 EDS option and defended the closed-session process as the council's prerogative to negotiate exclusively rather than market the property.
Merl Craft
SUPPORTEDCouncilmember, 2018
Voted yes in 2018, seconded the 2022 sale, and moved the Oct 2019 consent calendar carrying the PDA and option amendments.
Darrell Foster
OPPOSEDCommunity member, 2018
From 2018: "I think it was already pre-determined to do so."
Willie Mims
OPPOSEDCommunity member, 2018
From 2018: objected that the council asked for public questions before the staff report was heard, denying access to the people's business.
Tom Hanson
LABOR / FORBusiness Manager, IBEW Local 322
Spoke in favor at the 10 Sept 2024 hearing: the 2018 plan "coming to fruition."
A note on the record: Robinson's stated reasoning for her NO vote is not found in the available meeting record (Planning Commission event 1416); Smith raised jobs-count and site-selection concerns on the record before voting no — the official minutes are action-only either way. Vote marks show only what is explicitly confirmed in the public record. Where no verified portrait was available, initials stand in.
06 · Sources
The record this is built on
Official Minutes & Resolutions
City of Pittsburg (Primary)
State (Primary)
Court / Legal (Primary)
Contemporaneous Press
Meeting Video
Compiled June 2026 · v2 · Grounded in official minutes, adopted resolutions, and meeting video from the City's CivicClerk archive and OnBase legislative-records portal. Photography: frames from the City of Pittsburg's published public-record meeting recordings; official portraits as credited. End of dossier.